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TO: Mayor Irvin and City Council
FROM: The Law Department
DATE: September 6, 2019
SUBJECT:
To revise the fees related to the Chapter 8, "Amusements" of the City Code of Ordinances.
PURPOSE:
To update and revise the resolution for Chapter 8 fees related to "Amusements."
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 November 13, 2018 Resolution R18-302 was approved by City Council.
DISCUSSION:
The current fee schedule could use some revision to allow for clarification for how fees are assessed for distributors and operators of video games and pool tables
IMPACT STATEMENT:
To provide greater clarification of the fees associated with Amusement Fees in Chapter 8 of the Code of Ordinances.
RECOMMENDATIONS:
That the proposed resolution be approved.
cc: Finance Committee
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, R18-064 approved March 13, 2018, and R18-302 approved November 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 Resolutions R18-302 regarding Amusement Fees related to Chapter 8 of the City Code of Ordinances is hereby repealed and replaced according to Exhibit A.