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TO: Mayor Richard C. Irvin
FROM: Wendy McCambridge, City Clerk
DATE: October 24, 2018
SUBJECT:
To Establish Fees related to the Chapter 8, "Amusements" of the City Code of Ordinances.
PURPOSE:
To create a separate resolution for Chapter 8 fees related to "Amusements" to include, but not be limited to annual fees for video gaming license holders.
BACKGROUND:
The Illinois Video Gaming Act (230 ILCS 40/1) enacted in 2010 enabled video gaming terminals to be allowed in bars and restaurants on their premises as an accessory use. In 2012 the City of Aurora adopted an ordinance establishing that a license is required for video gaming terminals and adopted the Illinois Video Gaming Act in its entirety. An annual fee and application process was established and mirrored the requirements in the Illinois Video Gaming Act. The Act establishes that a business is allowed to operate up to five machines per licensed establishment. The statute defines a licensed establishment as “…any licensed retail establishment where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises, whether the establishment operates on a nonprofit or for-profit bases (230 ILCS40/5).” On March 13, 2018 Resolution R18-064 was approved by City Council by a 11-0 vote with the current fees.
DISCUSSION:
After the conclusion of the six month moratorium on the issuance of video gaming terminal licenses a Resolution was adopted to increase the annual fees paid for the licenses. The Resolution that was passed had the sections that were changes listed, but did not have the complete language for the section being amended. For clarification it has been recommended to create a separate resolution to show all fees related to Chapter 8 fees. Also, there was a scrivener's error in some material presented regarding one of the fees. The fee in the discussion was not reflected in the resolution. All other fees related to Chapter 8 remain unchanged.
IMPACT STATEMENT:
To provide greater clarification of the fees associated with Amusement Fees in Chapter 8 of the Code of Ordinances.
RECOMMENDATIONS:
I request the proposed resolution be approved.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Establishing Amusement Fees Charged by the City of Aurora.
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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, it is necessary for the City of Aurora to determine by separate ordinance or resolution of the City Council certain fees to be charged by the city.
WHEREAS, fees regarding amusement devices had previously been fixed via Resolution R93-11 approved on January 5, 1993, Resolution R96-388, approved September 24, 1996, R12-232 approved August 28, 2012 and R18-064 approved March 13, 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That all Resolutions or part of Resolutions in conflict herewith are hereby repealed insofar as any conflict exists.
Section Two: That the sections in Resolutions R93-11, R96-388, R12-232 and R18-064 regarding Amusement Fees related to Chapter 8 of the City Code of Ordinances are hereby repealed and replaced according to Exhibit A.