===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDAITEMNUMBER: — S&L. | Resolution No. 21-R-0091 — Contract Award — Rotary Hydrated Lime For Fiscal Year 2022 COMMITTEE AGENDA DATE: October 1h 2021 COUNCIL AGENDA DATE: October 18, 2021 STAFF REVIEW: Joseph Munder, Water Treatment Plant Superintendent SIGNATU APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE ITEM SUMMARY: Rotary Hydrated Lime is one of the various chemicals used at the City’s Water Treatment Plant. Approximately 1,900 tons of Rotary Hydrated Lime are used annually. Hydrated Lime is the key component to our softening process. Hydrated lime reacts with existing bicarbonate salts (Calcium, Magnesium, and most importantly, Radium) and converts them to insoluble carbonate salts, thus removing them to a great degree from the treated water. A Notice to Bidders was advertised in the Daily Herald on September 7, 2021, and sealed bids were opened on September 28, 2021. There were four (4) bids received. The low bidder was Mississippi Lime Company of St. Louis, Missouri, for a total contract price of $419,729.00 ($220.91/ton delivered). This represents an 11.01% increase over FY 2021 unit prices. A bid tab showing the results of the bid opening is attached for additional clarification. Staff recommends that a contract be awarded to Mississippi Lime Company for the procurement of Rotary Hydrated Lime, at a unit price of $220.91/ton delivered, for an amount not to exceed $419,729.00 for FY 2022. Mississippi Lime Company has been delivering Rotary Hydrated Lime to the City’s Water Treatment Plant for the past sixteen years. Adequate funds will be budgeted in the Water Fund, Water Treatment Plant Operations — Chemicals (06- 34-48-4626) to cover this expenditure. ACTIONS PROPOSED: Approve Resolution No. 21-R-0091 authorizing the Mayor to execute a contract with Mississippi Lime Company of St. Louis, Missouri, for the procurement of Rotary Hydrated Lime, at a unit price of $220.91/ton delivered, for an amount not to exceed $419,729.00 for Fiscal Year 2022. COMMITTEE RECOMMENDATION: t The Infrastructure Committee voted 5-0 for approval. ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO MEMORANDUM TO: City Council FROM: Michael L. Guttman, City Administrator NA SUBJ: Video Gaming DATE: October 14, 2021 At its August meeting, Chief Fleury provided a report that responded to the direction of the majority of Public Affairs Committee (PAC) members and the majority of the Committee gave staff clear direction to take two actions: (1) move the issue of video gaming to the City Council so that all elected officials may contribute to the ongoing discussion; and (2) identify the regulatory areas that are allowed for local regulation, as opposed to being dictated by State Statute. The issue was discussed at the September 20" City Council meeting, where staff was directed to do things: (1) Prepare Ordinances that would allow for video gaming in West Chicago using what direction had thus far been provided during Aldermanic discussions and reviewing other local governments’ Ordinances (and the IML Model Ordinance); and (2) Identify the next opportunities for municipalities to place referenda questions, and the dates by which the questions needed to be submitted to the County. The contents of this memorandum are limited to responding to the direction that was given at that meeting and an update to the revenue projections due to the contents of the draft Ordinances and the uncertainty of one establishment remaining operating in West Chicago next year. Ordinance No 21-O-0027 This Ordinance provides for the local regulations surrounding video gaming. There are several pertinent parts: (1) Administration — The Liquor Commissioner is charged with reviewing and granting/denying video game establishment licenses based upon the requirements set forth in the Ordinance as well as suspending/revoking said licenses should violations occur. (2) Video Game Establishment License — To be eligible for a video game establishment license, here are some of the key requirements: a. Applicant must be in possession, for at least 12 continuous months, a valid Class A-1, A-2, A-3, B-4, E-1, E-3 or F liquor license. These license categories reflect restaurants, social clubs (VF W and American Legion) and golf courses. ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] b. The maximum number of video gaming terminals is the lower of six or the ratio of at least five seats for each video gaming terminal. For example, if an eligible establishment has 15 seats for eating, it would only be permitted a maximum of three gaming terminals. c. All debts due and owing the City and State are paid in full. (3) Advertising — But for signage required by State law, owners of video game establishment licenses are prohibited from advertising the availability of video gaming therein and elsewhere on the property, to include banners, flags and other forms of advertisement on public or private property. (4) License Application Requirements — The Ordinance lists a number of requirements, very similar to what one would find on an application for a liquor license. Most notably different is subsection (e): “A floor plan, drawn to scale using a computer, detailing the overall layout of the establishment, including the location and count of dining seating, the location and count of video gaming terminals and seating for said terminals, and other significant features of the establishment, including exit locations, restrooms and other equipment. Video gaming terminals shall be placed in an area segregated by some visible means (wall, roping, railing, etc.) from the principal use of the establishment A high-resolution electronic copy of the floor plan as well as a paper printed copy (no smaller than 11 inches by 17 inches) shall be submitted at the time of application; hand-drawn floor plans and floor plans not including a scale will not be accepted;” (5) Application Filing/Renewals — Applications are filed with the City Clerk or her designee. The license year mirrors the City’s Fiscal Year, which is the calendar year, similar to liquor licenses. (6) Video Gaming Establishment License Fees — There is an annual license fee of $1,000 per terminal, with the owner paying $250.00 and the operator paying $750.00. The fee is not prorated. (7) License Revocation or Suspension — The process the Liquor Commissioner must follow should violations occur is stated. The fine structure is as follows: (a) First offense in a twelve-month period: 72-hour video gaming terminal license suspension and a $1,000 fine; (b) Second offense in a twelve-month period: 72-hour video gaming terminal license suspension and a $1,500 fine; (c) Third offense in a twelve-month period: revocation of video gaming terminal license suspension and a $2,000 fine; (8) Start Date — To allow staff time to develop applications, licenses and other required documentation, video gaming would commence on January 1, 2022. ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] Ordinance No. 21-O0-0028 This Ordinances creates a new supplementary liquor license category for owners who are eligible to have a video gaming establishment license. Revenue Projections First the assumptions: 12 business owners had indicated that they would be interested in having video gaming terminals and three owners did not respond. That number has been reduced to 11 establishments due to the owners of the Oasis Café making comments about finding another location outside of our community. Based upon information taken the IL Gaming Board’s records for DuPage County municipalities that have such (plus Batavia and St. Charles), there are an average of 5.46 terminals per business that average producing about $2,400 annually per machine going to the local government. Applying those figures to WC and adding an annual $1,000/terminal fee to the City, the approximate revenue annually to WC would be about $203,800. For most new revenue sources, I usually project receiving 80%-85% of the initial estimate, until we have three years of solid local data. In light of 2(b) above, which would not allow all establishments to have the maximum of six gaming terminals, I have reduced the projected revenue for WC using 70%, which would approximate $143,000 annually. Referendum Questions For the General Primary Election, which will be held on Tuesday, June 28, 2022, a referendum question must be submitted to DuPage County by March 21, 2022. After that, the General Election is on Tuesday, November 8, 2022. Please let me know if you have any questions. ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCENO. 21-0-0027 AN ORDINANCE PERMITTING VIDEO GAMING IN THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS AND PROVIDING REGULATIONS THEREFORE WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is a home rule body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq. and pursuant to Article VII, Sec. 6, of the Constitution of the State of Illinois of 1970; and WHEREAS, the Illinois Municipal Code, 65 ILCS 5/1-2-1, provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the corporate authority for the City and is authorized by law to exercise all powers provided for thereby and to control the affairs of the City; and WHEREAS, the Illinois Video Gaming Act, 230 ILCS 40/1, et seq,, regulates the operation, licensing, and administration of video gaming in the State of Illinois; and WHEREAS, the Illinois Video Gaming Act, 230 ILCS 40/27, empowers the City to pass an ordinance prohibiting video gaming within its corporate limits; and WHEREAS, pursuant to the authority granted it, on November 16, 2009, the City Council adopted Ordinance No. 09-O0-0061 to prohibit video gaming within the corporate limits of the City; and WHEREAS, in response to requests from local business owners for reconsideration of the prohibition to allow them to be competitive with businesses in neighboring communities which are able to offer video gaming, the Public Affairs Committee directed staff to address the issue for the reconsideration of the City Council; and WHEREAS, in conjunction with this purpose, the City Council is authorized, pursuant to the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1, to establish regulations and restrictions upon the issuance of and operation under local licenses for sale at retail of alcoholic liquor not inconsistent with the Illinois Liquor Control Act as the public good and convenience may require; and WHEREAS, the City Council has determined that it is advisable, necessary and in the best interests of the City to regulate, consistent with the Illinois Video Gaming Act and its local liquor licensing authority, the location and operation of video gaming establishments having video terminals within the City. ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] NOW, THEREFORE, be it ordained, by the City Council of West Chicago as follows: Section 1. The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. Section 2. Chapter 9, LICENSES, PERMITS AND BUSINESS REGULATIONS, Article XXVII VIDEO GAMING PROHIBITED, is hereby repealed in its entirety to be replaced in its entirety with the new Article XXVII VIDEO GAMING REGULATIONS adopted hereby. Section 3. Chapter 9, LICENSES, PERMITS AND BUSINESS REGULATIONS, Article XXVII “VIDEO GAMING? is hereby adopted: Article XXVII. Video Gaming. Sec. 9-730. - Authorization. Video gaming terminals, as defined herein, may be located, possessed, maintained, and otherwise operated in video gaming establishments as licensed by the city, pursuant to the terms, conditions and regulations of this Article and pursuant to the provisions of the Illinois Video Gaming Act, 230 ILCS 40/1, et seg., as may be amended. Video gaming shall be prohibited in video gaming cafes and licensed truck stops. Sec. 9-731. — Definitions. (a) Licensed Establishment means any business licensed by the State of Illinois to have or operate a video gaming device in the city, including any licensed fraternal establishment, licensed veterans establishment, as those terms are defined in the Video Gaming Act, 230 ILCS 40/5. (b) Video gaming means the ownership, placement, maintenance, operation or use of a video gaming terminal in a location as defined by the Video Gaming Act, 230 ILCS 40/1 et seg., as may be amended, and by this Article. (c) Video Gaming Act means the Illinois Video Gaming Act, 230 ILCS 40/1, et seq. as may be amended. (d) Video gaming café means an establishment whose primary purpose or major focus is video gaming and the service of alcohol. (e) Video gaming terminal means any electronic video game machine that upon insertion of cash, is available to play or simulate the play of ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] a video game, including but not limited to, video poker, line up and blackjack, as authorized by the Illinois Video Gaming Act utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash or tokens or is for amusement purposes only. Sec. 9-732. — Administration of Article. (a) (b) The local liquor control commissioner shall be charged with the administration of this Article. All video gaming establishment licenses shall be issued by the local liquor control commissioner. The local liquor control commissioner shall have the following powers, functions and duties relative to administration of this Article: (1) To grant a video gaming establishment license when the application filed for same is deemed complete and there is nothing set forth in the application which would result in denial under State law or interpretation of local code provisions. (2) To suspend for a period of not to exceed thirty (30) days, or revoke for cause, in accordance with the provisions of this Article and of Chapter 3 of this code where appropriate, a video gaming establishment license. (3) To enter or to authorize any police officer to enter at any time upon any video gaming establishment licensed hereunder, to determine whether any of the provisions of this Article or any rules or regulations issued hereunder have been or are being violated, and at the time of such entry, to examine such premises in connection therewith. (4) To receive complaints from any person that any of the provisions of this Article, or any rules or regulations issued hereunder have been or are being violated and to act upon such complaints in the manner hereafter approved. (5) To deny any application for the issuance or renewal of a video gaming establishment license to an applicant upon determination to be ineligible therefor. (6) To examine or cause to be examined under oath any applicant for a video gaming establishment license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension have been served in the manner hereinafter provided, and to examine or cause to ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] be examined, the books and records of any such applicant or licensee; to hear testimony in the performance of his duties and for such purpose to issue subpoenas which shall be effective for the purpose of obtaining any of the information desired by the local liquor control commissioner under this Section, and to authorize an agent to act for such purpose. Sec. 9-733. - Video Gaming Establishment License Required. (a) (b) No person, either as owner, lessee, manager, officer or agent, or in any other capacity, shall operate or permit to be operated any video gaming terminal, as defined herein, at any premises within the city without first having obtained a video gaming establishment license from the city. The license provided for in this Article shall permit a licensee to operate video gaming terminals at the specified establishment. No applicant, including any person, either as owner, lessee, manager, officer or agent, shall be eligible for a video gaming establishment license from the city, nor shall an existing license holder be entitled to maintain a video gaming establishment license, unless each of the following requirements are met and continue to be met: (1) Establishments eligible for a video gaming establishment license, which shall be deemed a Class J license from the city are limited to those which are licensed for on-premises consumption of alcoholic liquor and hold a valid Class A-1, A-2, A-3, B-4, E-1, E- 3 or F license. (2) The applicant holds the appropriate certificate or license from the State of Illinois permitting video gaming and is in good standing with same. (3) The establishment has been in operation at the location for a minimum of twelve (12) continuous months at the time the application is filed. (4) The establishment must maintain customer seating outside of the gaming area but within the establishment at a ratio of at least five seats for each permitted video gaming terminal. (5) The applicant is not in arrears in any tax, fine, fee or bill due to the city or State of Illinois, or where the applicant has been found liable being in violation of any provision of this code. ===== PDF PAGE 54 ===== [Extraction: OCR (rendered-page OCR)] (6) The applicant has completed and complies with all the application requirements set forth in Sec. 9-737 of this Article and is not disqualified due to a felony, gambling offense, or crime of moral turpitude. (7) The establishment is located outside of a residential zoning district and is in compliance with the requirements of the Illinois Video Gaming Act, 230 ILCS 40/25(h). (c) There shall be no more than six (6) video gaming terminals allowed and permits issued therefore under this Article for each licensee at any one location. (d) A video gaming establishment license is purely a personal privilege and does not constitute a property right, nor is the license transferable. No expectation of the continuance of a video gaming establishment license is a property right. Sec. 9-734. - Maximum Video Gaming Establishment Licenses/Terminals. No more than one video game establishment license shall be issued and in force at any one time for each licensed establishment and not more than six (6) video gaming terminals may be located, maintained or operated in any one licensed video gaming establishment. Sec. 9-735. — Advertising. An establishment which has secured a video game establishment license is specifically prohibited from advertising the availability of video gaming in the establishment and in any street, alley, right of way or public place within the city. Also prohibited are banners, flags and other forms of advertisement on public or private property. Sec. 9-736. — Regulations. All video gaming establishments operating a video gaming terminal on the licensed premises within the city must comply with all regulations set forth in the Illinois Video Gaming Act, and those set forth in this Article. Sec. 9-737. - License Application Requirements Each applicant seeking a video gaming establishment license shall submit to a background investigation. Further, the license applicant shall provide the following information to the city on a form provided by the city: (a) The legal name of the establishment; ===== PDF PAGE 55 ===== [Extraction: OCR (rendered-page OCR)] (b) () (d) ) (f) (g) (h) @) (k) () (m) The business name of the establishment; The address of the establishment where the video gaming terminals are to be located; The type of establishment and supporting documentation demonstrating the classification; A floor plan, drawn to scale using a computer, detailing the overall layout of the establishment, including the location and count of dining seating, the location and count of video gaming terminals and seating for said terminals, and other significant features of the establishment, including exit locations, restrooms and other equipment. Video gaming terminals shall be placed in an area segregated by some visible means (wall, roping, railing, etc.) from the principal use of the establishment A high-resolution electronic copy of the floor plan as well as a paper printed copy (no smaller than 11 inches by 17 inches) shall be submitted at the time of application; hand-drawn floor plans and floor plans not including a scale will not be accepted; The amount of time the establishment has been in business under the ownership of the applicant at the location where video gaming is proposed to take place; The business office address of the establishment if different from the address of the establishment; In the case of a corporation, limited liability company or trust, the name and address of an agent authorized and designated to accept service on behalf of the licensee; A phone number for the establishment; An e-mail address for the establishment; The name and address of every person owning more than a 5% share of the establishment; The name, address, phone number and e-mail address of any terminal operator or distributor proposed to own, service or maintain video gaming terminals at the establishment; A copy of the establishment’s State of Illinois video gaming license; ===== PDF PAGE 56 ===== [Extraction: OCR (rendered-page OCR)] (n) (0) (p) (q) ©) In the case of a corporation, limited liability company or partnership, a copy of the establishment’s state certificate of good standing; A statement as to the number of video gaming terminals which the establishment proposes to have on its premises (not to exceed six for all establishments); A statement that the establishment is not in arrears in any tax, fee or bill due to the city or State of Illinois; A statement that the establishment agrees to abide by all state and federal laws and any local ordinance; A statement that no manager or owner with more than 5% interest in the establishment has ever been convicted of a felony, a gambling offense or a crime of moral turpitude. In the event that an establishment cannot provide such statement, the establishment may apply for a certificate of rehabilitation from the Local Liquor Control Commissioner indicating that the individual who would disqualify the establishment from obtaining the video gaming license has been rehabilitated and is no longer a threat to violate the law. The Local Liquor Control Commissioner may consider the nature of the offense, the length of time since the offense, the length of time since release from custody and other factors to determine if the individual has been rehabilitated such that he or she is no longer likely to commit another offense; Sec. 9-738. - Application Filing; Renewals. (a) (b) (b) Applications shall be processed by the City Clerk or her designee on a first come, first served basis. Every application shall be date and time stamped upon filing. An application received in the mail shall be considered filed on the date and time it is opened by the City Clerk or her designee. The annual license year shall be from January 1 through December 31. Every video gaming establishment license holder shall be required to file a renewal application, which may contain the same or similar information as set forth in Sec. 9-737. Renewal applications shall be due on December 1 of every calendar year. An additional fee of $50 shall be assessed for every week a renewal application is made following December 1. ===== PDF PAGE 57 ===== [Extraction: OCR (rendered-page OCR)] Sec. 9-739. — Video Gaming Establishment License Fees. An annual license fee of $1,000 per terminal shall be accessed, with the owner of the establishment to pay $250.00 per terminal, and the operator(s) of the terminal to pay the remaining $750.00 per terminal. The annual fee must be paid at the time of submission of the application for video gaming establishment license, and annually thereafter. There is no proration of the fee granted for any partial year of operation, and no refunds or partial refunds of annual fees shall be given in the event the licensee ceases operating any or all video gaming terminals or in the event a video gaming terminal fails to operate. Sec. 9-740. - License Revocation or Suspension. The local liquor control commissioner, at any time, may notify any licensee under this Article within five (5) business days of any charge of a violation of any of the provisions of this Article in connection with the operation of any video gaming terminal. After a hearing presided over by the local liquor control commissioner, the local liquor control commissioner may order the revocation of the license upon a finding that the violation has occurred, and the license shall thereupon be terminated. The licensee may appeal the revocation as prescribed in Chapter 3, Sec. 3.34. In the event of the revocation or denial of any license or registration under this Section, such person shall not be issued any license provided for in this Article for one calendar year following the revocation or any appeal thereof. Notice of a violation shall identify the specific violations and state that unless they are corrected within the time specified in the notice, the licensee shall be cited and its license may be suspended. Notice pursuant to this section may be sent by: (a) First class mail or by overnight or two-day commercial delivery service at the establishment address as it appeared on its application; (b) Personal service; (c) Posting upon the property that is the site of the alleged violation(s); or (d) Any other means permitted by law for service of civil summons. Sec. 9-741. — Fines, Penalty. A finding of a violation of the regulations set forth in this Article shall result in imposition of the following fines: (a) First offense in a twelve-month period: 72-hour video gaming terminal license suspension and a $1,000 fine; 8 ===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] (b) Second offense in a twelve-month period: 72-hour video gaming terminal license suspension and a $1,500 fine; and (c) Third offense in a twelve-month period: revocation of video gaming terminal license and a $2,000 fine. A separate offense shall be deemed to have been committed on each day during which a violation occurs or continues. In addition to the foregoing penalties, any individual, firm, sole proprietor, association, partnership, corporation, trust or any other legal entity who shall violate any provision of this article shall be subject to the general penalty provisions as provided for in chapter 1, Sec. 1-8 of this code. Section 3: This Ordinance shall allow video gaming to occur in the City commencing January 1, 2022 for those establishments which have filed applications by the date and under the terms set forth herein, and have been granted a license to operate. Section 4: All ordinances and resolutions or parts thereof, in conflict with this provision of this Ordinance are hereby expressly repealed. Section 5: If any section, paragraph, or provision of this Ordinance, or the application hereof, is held unconstitutional or otherwise invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph, or provision shall not affect other provisions of this Ordinance or any other City ordinance, resolution, or provision of the West Chicago Municipal Code that can be given effect without the unconstitutional or invalid Section, paragraph, or provision. Any unconstitutional or invalid section, paragraph, provision, or application hereof, is severable. Section 6: That this Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. ===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] PASSED THIS 18th day of October, 2021. Alderman J. Beifuss Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch-Ferguson Alderman S. Dimas Alderman C. Swiatek Alderman M. Garling Alderman R. Stout Alderman J. Short Alderman J. Morano Alderman J. Jakabcsin APPROVED as to form: City Attorney APPROVED this 18th day of October, 2021. Ruben Pineda, Mayor ATTEST: Nancy M. Smith, City Clerk PUBLISHED: 10 ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 21-0-0028 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO, CHAPTER 3, ALCOHOLIC BEVERAGES TO PROVIDE FOR LICENSING OF VIDEO GAMINGESTABLISHMENT WHERE ALOCHOL IS PERMITTED WHEREAS, the City of West Chicago is a home rule unit under Article VII, Section 6, of the Illinois Constitution of 1970; and WHEREAS, subject to said section, a home rule unit of government 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, including the retail sales and distribution of alcoholic beverages; and WHEREAS, further the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1 et seq. (hereinafter the “Act”) authorizes municipalities to license, control, and restrict the sales of alcoholic beverages within their boundaries; and WHEREAS, specifically, Section 4-4 of the Act provides, in part, that each Local Liquor Control Commissioner shall have the power “[t]o grant and or suspend for not more than thirty days .. . all local liquor licenses within his jurisdiction”; and WHEREAS, the City Council has, on this same date, adopted an Ordinance permitting Video Gaming within the corporate limits of the City, and in connection therewith, the City Council deems it necessary to amend City regulations regarding liquor sales in the City. NOW, THEREFORE, be it ordained, by the City Council of West Chicago as follows: Section 1. The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. Section 2. That Chapter 3 ALOCOHOLIC BEVERAGES of the Code of Ordinances of the City of West Chicago is hereby amended as follows: Sec. 3-2. — Definitions Video Gaming Establishment shall mean a place where Video Gaming as defined in Chapter 9, Article XXVII is permitted by license issued by the City. ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)] Sec. 3-10. Classifications. (j) Video Gaming — Class J. Class J license shall authorize a holder of a Class A-1, A-2, A-3, B-4, E-1, E-3 and F, to the extent said license has been held for a period of no less than twelve (12) months, to offer video gaming on the licensed premises. Video gaming on any premises licensed Class A-1, A-2, A-3, B-4, E-1, E-3 or F is prohibited unless a Class J license shall have been issued in addition therefor. The local liquor control commissioner of the city shall require the applicant for a Class J license to first apply for a video gaming establishment license and may require that the licensee provide reasonable security measures related to the operation thereof. The local liquor commissioner may suspend or revoke a Class J license for cause, without action being taken against any other license. However, a Class J license shall expire, terminate, or be revoked or suspended simultaneously, without taking any action, with the expiration, termination, suspension, or revocation of the associated Class A-1, A-2, A-3, B-4, E-1, E-3 or F license. Sec. 3-12.-Records; number of licenses. Class J ... An amount equal to the number of video gaming establishment licenses issued by the local liquor control commissioner. Section 4. That if any section or provision of this Ordinance is construed to be invalid or void, the remaining sections or provisions shall remain in full force an effect thereafter. ===== PDF PAGE 62 ===== [Extraction: OCR (rendered-page OCR)] Section 5. That this Ordinance shall be in full force and effect after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 18" day of October, 2021. Alderman J. Beifuss eh Alderman L. Chassee ae ae Alderman J. Sheahan Ute he Alderman H. Brown ey coe Alderman A. Hallett ate Alderman C. Dettmann prea Alderman M. Birch-Ferguson_ Alderman S. Dimas x ly Alderman C. Swiatek was Alderman M. Garling ooo Alderman R. Stout pre, ee Alderman J. Short ee Alderman J. Morano ee Alderman J. Jakabcsin eaisitieriad APPROVED as to form: City Attorney APPROVED this 18" day of October, 2021. Ruben Pineda, Mayor ATTEST: Nancy M. Smith, City Clerk PUBLISHED: