cover
TO: Mayor Richard C. Irvin
FROM: Wendy McCambridge, City Clerk
DATE: March 9, 2018
SUBJECT:
An ordinance establishing an extension of the temporary moratorium established by O17-064 regarding the issuance of video gaming terminal licenses for a period of two additional weeks to end on March 27, 2018.
PURPOSE:
To obtain City Council's approval to place a temporary moratorium on the issuance of video gaming terminal licenses.
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).” The City of Aurora has not adopted or imposed any further regulations or restrictions and the City currently does not regulate video gaming separately from its regulation of alcohol through issuing of liquor licenses.
DISCUSSION:
The purpose of the recommended extension of the moratorium is to ensure that the changes to the Aurora Code of Ordinances be coordinated with the end of the moratorium.
RECOMMENDATIONS:
I hereby recommend that the City Council approve the attached proposed ordinance that will declare an extension of the temporary moratorium on the issuance of video gaming terminal licenses in the City of Aurora.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing an Extension of the Moratorium Established by O17-064 on the Issuance of Video Gaming Terminal Licenses in the City of Aurora for an Additional Period of Two Weeks(2).
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, there has been a proliferation of video gaming terminals in the City; and
WHEREAS, the City deems it necessary and desirable to establish a moratorium on the issuance of video gaming terminal licenses for a period of an additional two (2) weeks, to coincide the lifting of the moratorium established under O17-064 with the newly adopted changed to the Aurora Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
SECTION 1: That an extension of the a moratorium on the issuance of new licenses for the operation of video gaming terminals, under Chapter 8, Article IV, Division 5, Section 8-130 of the Code of Ordinances of the City of Aurora, established by O17-064 hereby be established. During the term of the moratorium, no new licenses for the operation of video gaming terminals shall be issued by the City, and no applications for the issuance of such licenses shall be processed.
SECTION 2: All other provisions of the Code of Ordinances of the City of Aurora applicable to video gaming shall remain in full force and effect during the term of the moratorium established by this Ordinance.
SECTION 3: This Ordinance is effective immediately upon passage.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor