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TO: Mayor Irvin and the City Council
FROM: The Law Department
DATE: September 27, 2019
SUBJECT:
Municipal Gambling Prohibitions.
PURPOSE:
To revise the prohibitions in Section 29, Article IV, Division 2 of the City Code pertaining to gambling offenses to reflect changes in State law.
BACKGROUND:
Sections 29-76 through 29-79 of the City Code contains the City's local prohibitions on various forms of gambling. As originally drafted, the ordinance mirrored similar provisions in Article 28 of the Illinois Criminal Code of 1961. Over time, the State amended the Criminal Code to encompass additional forms of gambling activity - including forms of online gambling - and exempted other conduct, including participation pull tab games, poker runs and sports gambling when regulated by the State, and games of chance, from the statutory definition of gambling. With the exception of adding language to permit video gaming in 2012, the City, however did not make corresponding changes to its Code. As a result, our gambling ordinance is simultaneously more restrictive and less restrictive than State law.
DISCUSSION:
The proposed changes will once again bring the City into near lock-step with the State in its approach to the prohibition of gambling. Consistent with the extent of the City's authority to impose criminal penalties, all violations of Division 2 will constitute a Misdemeanor IV, which is the municipal equivalent of a Class B Misdemeanor. The ordinance also updates references to related State laws, including reflecting recent changes to some statutory short titles (e.g. the Criminal Code of 2012 and the Raffles and Poker Runs Act. These changes encompass amendments made to the Criminal Code during the past legislative session and will, by reference, adopt subsequent changes made by the legislature.
IMPACT STATEMENT:
The proposed changes will eliminate minor but unintended differences between the State criminal law and the City's local ordinances involving gambling.
RECOMMENDATIONS:
That the City adopt this Ordinance.
cc: Rules, Administration, and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Section 29, Article IV, Division 2 of the City Code relating to gambling offenses.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City has traditionally prohibited gambling in the manner and to the extent prohibited by Illinois law; and
WHEREAS, the City Council desires to amend its gambling prohibitions to mirror the current provisions of Article 28 of the Criminal Code of 2012; and
WHEREAS, the proposed changes to Section 29, Article IV, Division 2 of the City Code of the City of Aurora set forth in Exhibit A of this Ordinance will accomplish this objective;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Sections 29-27, 29-78, and 29-79 of the City Code of the City of Aurora shall be and hereby are amended as set forth in Exhibit A attached to this Ordinance