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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: = AO
License Agreement Revision
Cascade Drive-In Theater FILE NUMBER:
Resolution #21-R-0097 COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: Nov. 1, 2021
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE eae
APPROVED BY CITY ADMINISTRATOR: Michael SIGNATURE
Guttman
ITEM SUMMARY:
The City Council, on May 3, 2021, approved Resolution 21-R-0029, which authorized the City to execute
a License Agreement with the owner of 1100 E North Avenue to allow use of the City’s public right-of-
way for a sanitary sewer system. The owner information contained in the License Agreement, however,
has been revised by the owner. Although Chicago Title Land Company Trust Number 8002380575 by
East North Avenue, LLC, the holder of the beneficial interest of the trust, is still the owner, Apercen
Partners, LLC is no longer the manager. Rather, William Hartwig, who was the manager of the Apercen
Partners, LLC, is now listed as the manager of the East North Avenue, LLC.
No other changes to the License Agreement are proposed other than the owner information update.
ACTION PROPOSED:
Discussion and authorization to execute the revised License Agreement with updated owner infor-
mation.
COMMITTEE RECOMMENDATION:
This item did not go to a committee.
Cc: Resolution
Revised License Agreement

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RESOLUTION NO. 21-R-0097
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
A CERTAIN LICENSE AGREEMENT WITH
CHICAGO TITLE LAND COMPANY TRUST 8002380575 FOR USE OF
CITY RIGHT-OF-WAY ALONG PRINCE CROSSING ROAD AND MEADOWVIEW
CROSSING
BE IT RESOLVED by the City Council of the City of West Chicago, in regular session
assembled, that the Mayor is hereby authorized to execute a certain License Agreement for use
of City right-of-way along Prince Crossing Road and Meadowview Crossing between the City of
West Chicago and Chicago Title Land Company, as Trustee under the provisions of a certain
Trust Agreement dated April 9, 2019 and known as Trust Number 8002380575 by East North
Avenue, LLC, the holder of the beneficial interest of the trust, by William Hartwig, its manager,
in substantially the form attached hereto and incorporated herein as Exhibit “A”.
APPROVED this 15 day of November, 2021
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor, Ruben Pineda
ATTEST:
City Clerk, Nancy M. Smith

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CITY OF WEST CHICAGO/CHICAGO TITLE LAND COMPANY, AS TRUSTEE
UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED APRIL 9,
2019 AND KNOWN AS TRUST NUMBER 8002380575 LICENSE AGREEMENT
This License Agreement (the “License Agreement”) is entered into this __ day of October, 2021,
by and between the City of West Chicago, an Illinois municipal corporation, 475 Main Street,
West Chicago, Illinois 60185 (“Licensor”) and Chicago Title Land Company, as Trustee under the
provisions of a certain Trust Agreement dated April 9, 2019 and known as Trust Number
8002380575 by East North Avenue, LLC, the holder of the beneficial interest of the trust, by
William Hartwig, its manager, 10 S. LaSalle St., Suite 2750, Chicago, IL 60603 (“Licensee’’)
(individually a “Party”, collectively, the “Parties”).
RECITALS:
A. Licensor owns property commonly known as “Road Right-of-Way generally located at
Prince Crossing Road and Meadowview Crossing”, which is located across, through or
under the real estate legally described in Exhibit “A”, attached hereto and incorporated
herein by reference (the “Subject Property”).
B. Licensee desires to use the Subject Property for the installation, construction, location,
operation, and maintenance of a sanitary sewer system, including sewer main and
appurtenances for sanitary sewer service to the Cascade Drive-In Theater property located
at 1100 E. North Avenue (“Cascade Property”). The sanitary sewer system will include a
lift station located on the Cascade Property and the sewer main and appurtenances located
in the Subject Property (“Sanitary Sewer System’’) so that Licensee can provide sanitary
sewer service to the Cascade Property subject to the terms and conditions of this License
Agreement.
NOW THEREFORE, for and in consideration of the covenants and agreements set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, the Parties agree as follows:
1. The foregoing Recitals are incorporated as if fully set forth herein.

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2. Subject to the terms and conditions of this License Agreement, Licensor hereby grants
Licensee, a non-exclusive license for use of the Subject Property for the purpose of installation,
construction, location, operation, and maintenance of a sanitary sewer main and associated
appurtenances and equipment through the Subject Property, as more fully depicted in Exhibit “B”
(hereinafter, the “Facilities”), attached hereto and incorporated herein by reference. Licensor also
grants Licensee a non-exclusive license for ingress and egress to and from the Subject Property,
for the purpose of maintaining the Facilities. Licensee shall be solely responsible for securing the
necessary permits from any Federal, State, or local agencies and shall be solely responsible for the
costs of same. The Licensee will apply for any necessary permits for construction on the Subject
Property, and the Licensor shall cooperate in securing any necessary permits. Licensee shall secure
the necessary permits to perform the work contemplated hereunder from the City. Licensee agrees
to provide the City Administrator of the City of West Chicago (“City Administrator”) seventy-two
(72) hours-notice prior to commencing any work under this License Agreement. In the event that
emergency repairs are necessary for Licensee’s Facilities, Licensee shall immediately notify the
Licensor, in writing, of the need for such repairs. Licensee may immediately initiate such
emergency repairs and shall apply for appropriate permits the next business day following
discovery of the emergency. Licensee must comply with all Ordinance provisions relating to such
excavations or construction, including the payment of permits or license fees.
3. Term. The term of this License Agreement (the “Term’) shall be twenty (20) years,
commencing ___, 2021 and terminating , 2041. This term shall automatically
be renewed for an additional twenty (20) year term at the expiration of each term unless Licensee
is in default under this Agreement or Licensee has abandoned or vacated the Licensed Premises.
4. Reimbursement of Permit Review and Inspection Fees. Licensee agrees to reimburse the
Licensor for direct costs involved in any permit review and any applicable inspections of work
performed within the right-of-way,.
5. Taxes. Licensee acknowledges that the Subject Property and Licensed Premises is exempt
from real estate taxes, and that to the extent the County Assessor or State Department of Revenue,
or any other authority with the power to do so, would attempt to assess any license or property tax
as a result of the use authorized by this License Agreement, Licensee will assist Licensor in
defending against any such action and will pay any such tax as is finally determined.
6. No Lease. The Parties agree that this License Agreement confers upon the Licensee only
a license and right to use the Subject Property and Licensed Premises upon the terms set forth
herein, and that nothing contained herein is intended to confer upon the Licensee a leasehold
interest in the Subject Property and Licensed Premises or any portion thereof. In the event of
default by the Licensee, the Licensor shall not be obligated to bring a forcible entry and detainer
action to terminate Licensee’s rights hereunder, provided termination of Licensee’s rights
hereunder is available to Licensor as a remedy.
7. Default. In the event of the failure of any Party to perform any or all of its duties and
obligations under the terms and conditions of this License Agreement, including payment of the
license fees and the costs hereunder, the other Party shall notify the defaulting Party of such default
in writing, and the defaulting Party shall have ninety (90) days from the receipt of such notice to

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cure the default. In the event said default is not cured within said cure period, or in the event of
repeated defaults, the non-defaulting Party shall be entitled to all remedies available at law and/or
equity to enforce its rights under this License Agreement and shall be entitled to recover its costs
in bringing such suit, including its reasonable attorney’s fees.
8. General Insurance Provisions.
A.
Evidence of Insurance — Licensee shall procure, maintain and keep in effect throughout
the Term a policy or policies of commercial general liability insurance with limits of
not less than $1,000,000 for each occurrence (the “Insurance Coverage”). The limit
can be satisfied by a combination of primary and umbrella/excess liability insurance.
Prior to the commencement of the Term, Licensee agrees to cause said Certificate of
Insurance to be amended to reflect that it is the insured, and that the Licensor and the
Licensor’s officers, members and employees are each primary, non-contributory
additional insureds on said policy, but for the negligent acts and omissions of Licensee
and for whom Licensee is responsible.
. Prior to execution of this License Agreement Licensee shall furnish the Licensor with
the above-described Certificate of Insurance, and applicable policy endorsements,
executed by a duly authorized representative of each insurer, showing compliance with
the insurance requirements set forth above.
Failure of the Licensor to demand such certificate, endorsement, or other evidence of
full compliance with these insurance requirements or failure of the Licensor to identify
a deficiency from evidence that is provided shall not be construed as a waiver of any
insurance obligations herein.
. The Licensor shall have the right, but not the obligation, of prohibiting the Licensee
from using or occupying the Subject Property until such Certificates of Insurance are
received by the Licensor.
All Certificates of Insurance required herein shall also state that no cancellation of the
insurance shall become effective until the expiration of thirty (30) days written notice
thereof shall have been given by the insurance company to the Licensor via first class
mail.
With respect to liabilities of Licensee arising from this Agreement, all coverages
required herein shall be primary insurance as respect the Licensor. Any insurance or
self-insurance maintained by the Licensor, its officials, officers, employees, volunteers,
and agents shall be in excess of insurance maintained by the Licensee and shall not
contribute with said coverages/insurance.
The Licensee agrees that all policies and/or coverages required by its contractors shall
contain a “contractual liability” clause.

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H. Acceptability of Insurers — The Licensee shall require its contractors to be insured by
insurance companies which obtain a rating from A.M. Best, that rating should be no
less than A-VII using the most recent edition of the A.M. Best’s Key Rating Guide.
All insurance required herein shall be placed with insurers licensed to do business in
the State of Illinois and licensed by the Illinois Department of Insurance.
9. Renewal of License and Abandonment of Facilities. The plan and manner of execution or
operation shall meet the approval of and be done to the satisfaction of the City Administrator or
his authorized representative. Licensee shall own the Facilities and the lift station located on the
Cascade Property. Any and all of the aforesaid Facilities shall be maintained by the Licensee at
Licensee’s sole expense. If the Licensee wishes to abandon use of its Facilities under or pursuant
to the License Agreement, or upon cancellation, revocation or termination of the privilege herein
granted, Licensee shall notify Licensor and may permanently abandon the Facilities in place,
subject to Licensor’s approval, which shall not be unreasonably withheld, conditioned, or delayed.
10. Termination of License Agreement. Licensor shall not terminate the License Agreement
without good cause unless: i) Licensee is in default and has failed to cure the default; ii) Licensee
has abandoned the Facilities in accordance with the terms of this License Agreement; or iii)
Licensee has ceased permitted operations on the Cascade Property for a period of three years. .
11. Protection of Vegetation. It is further agreed that no trees, or shrubs, shall be cut, trimmed
or removed nor shall any building or utilities of the Licensor be disturbed without the written
permission of the City Administrator or his authorized representative, whose permission shall not
be unreasonably withheld, conditioned, or delayed.
12. Construction/Restoration of Property. The Licensee agrees that the installation of the
Facilities will be performed without any trenching or open trenching, except as set forth in this
License Agreement or as may otherwise be permitted by the City engineer. Said construction,
installation and maintenance shall utilize directional bore installation under any City streets,
parkways and right-of-way areas where necessary. All movement and storage of equipment and
materials shall be confined to the area designated by the City Administrator or his authorized
representative. All surplus excavated material shall be disposed of off the Subject Property. All
trees, stumps, and other debris resulting from construction operations shall be disposed of off the
Subject Property. Within thirty (30) days after construction operations have been completed, all
areas disturbed by construction operations shall be graded and restored to their original contours
and conditions. The backfill settlement repair period shall be for one (1) year from date of placing
of said backfill, during which time the affected areas shall be maintained by the Contractor in a
condition satisfactory to the Licensor.
13. Liability of the Licensor. It is further understood and agreed that the Licensor shall not be
liable for any damages or injury to any person or property arising from, growing out of, or incident
to the construction, operation, or maintenance of the aforesaid Facilities for which the license is
issued, except if such damages or injury are the result of Licensor’s own intentional misconduct
or negligence.

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14. Indemnification. To the fullest extent permitted by law, both Parties shall indemnify and
hold harmless the other Party and its officers, officials, employees, volunteers, trustees,
beneficiaries, members, managers, and agents from and against all claims, damages, losses and
expenses, including but not limited to legal fees (reasonable attorney and paralegal fees and court
costs), arising from or in any way connected with (i) any act, omission, wrongful act or negligence
of either Party or any of its officers, officials, employees, volunteers, trustees, beneficiaries,
members, managers, and agents, contractors, subcontractors, vendors, or of anyone acting on
behalf of the other Party; and (ii) any accident, injury, death or damage whatsoever occurring,
growing out of incident to, or resulting directly or indirectly from either Party’s use of the Subject
Property. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other
right or obligation of indemnity which would otherwise exist as to any Party or person described
in this paragraph. Either Party’s indemnity obligations hereunder shall not apply to any injuries,
claims, demands, judgments, damages, losses, or expenses arising out of or resulting from the
negligence, misconduct, or breach of this section by the other Party, its officers, officials,
employees, volunteers, trustees, beneficiaries, members, managers, agents, or representatives. In
no event shall either Party be entitled to damages for lost profits, lost opportunity, or lost income
arising from either Party’s performance under this License.
This License Agreement is entered into for the sole benefit of the Parties hereto, and nothing
in this License Agreement shall be construed as either expressly or indirectly extending,
establishing, or acknowledging any rights or obligations in favor of third persons who are not
signatures or beneficiaries to this License Agreement.
15. Supervision. The Licensee assumes and exercises full responsibility for the supervision of
its employees, contractors, sub-contractors, suppliers, vendors, and agents during the term of this
License Agreement. This paragraph is inserted solely for the benefit of the contracting Parties,
and is not intended to establish, impose, or acknowledge any duty to supervise as to third parties.
16. Notice. All notices required shall be in writing and shall be given in the following manner:
A. By personal delivery of such notice; or
B. By mailing of such notice to the addresses recited herein by certified mail, postage pre-
paid, return receipt requested. Except as otherwise provided herein, notice served by
certified mail, shall be effective on the date of mailing; or
C. By sending facsimile transmission. Notice shall be effective as of date and time of
facsimile transmission, provided that the notice transmitted shall be sent on business
days during business hours (9:00 A.M. to 4:30 P.M. Chicago time). In the event fax
notice is transmitted during non-business hours, the effective date and time of notice is
the first hour of the first business day after transmission; or
D. By depositing such notice with a nationally recognized overnight courier. Notice shall
be effective upon being deposited with the overnight courier.

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Any Party shall have the right to designate any other address for notice purposes by written notice
to the other Party or his attorney in the manner aforesaid.
The addresses of the Parties are as follows:
If to Licensee: If to Licensor:
Chicago Title Land Company, as Trustee of _ | Michael Guttman,
Trust Number 8002380575 City Administrator
East North Avenue City of West Chicago
10 S. LaSalle Street, Suite 2750 475 Main Street
West Chicago, IL 60185
Chicago, IL 60603 FAX: (630) 293-3028
With a required copy to: With a required copy to:
Russell G. Whitaker, III Patrick K. Bond, Esq.
Rosanova & Whitaker, Ltd. Bond, Dickson & Associates, P.C.
127 Aurora Avenue 400 South Knoll Street, Unit C
Naperville, IL 60540 Wheaton, IL 60187-4557
russ@rw-attorneys.com
FAX: (630) 352-3610
17. Prohibited Uses and Activities. The Parties agree to keep the Subject Property and
Licensed Premises in a clean, safe, and sanitary condition. The Licensee further agrees that it shall
abide by any and all applicable laws, ordinances, statutes and regulations of the County, the State
of Illinois and the United States of America and enforcement and regulatory agencies thereof,
which regulate or control the Licensee’s use of the Site.
18. Subject Property and Licensed Premises Disclaimer. The Licensee expressly
acknowledges that the Licensor has made no representations or warranties, express or implied, as
to the adequacy, fitness or condition of the Subject Property and Licensed Premises for the
purposes set forth herein, or for any other purpose or use, express or implied, by the Licensee.
ALL IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY AND
HABITABILITY ARE HEREBY EXCLUDED. The Licensee accepts use of the Subject Property
and Licensed Premises and any improvements thereon in “AS-IS” condition and “WITH ALL
FAULTS”. The Licensee acknowledges that it has inspected the Subject Property and Licensed
Premises and has satisfied itself as to the adequacy, fitness, and condition thereof.
19. Right to Relocate. If during the term of the License Agreement, the Licensor is required
to perform any work on the roadway involved hereunder, including but not limited to,
improvements or reconstruction, or for any other reason, and in the reasonable judgment of
Licensor such work necessitates relocation of the Licensee’s Facilities, the Licensee shall be solely
responsible for relocating the Facilities thereon and shall be solely responsible for any and all costs
associated therewith, except as provided by law where a third party may be responsible for the cost

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[Extraction: OCR (rendered-page OCR)]
of such relocation, including, but not limited to situations of eminent domain, airport improvement,
urban renewal, and/or public transportation projects. In the event Licensee is required to relocate
its Facilities due to the construction of a public improvement, Licensor shall provide Licensee with
notice at least one hundred twenty (120) days prior to any required action of Licensee to relocate
its Facilities. Licensor shall cooperate with the Licensee to identify and approve alternative routing
and construction methods for the relocation of its Facilities in the least disruptive and least costly
manner possible. Said relocation shall be fully completed within one hundred eighty (180) days
from the date of receipt of the Notice accompanied by a preliminary engineering design plan. In
the event said relocation is delayed due to the fault of a third party, Licensee shall make a written
request for an extension for the completion of said relocation. Provided Licensee uses all
commercially reasonable measures to relocate the Facilities, the Licensor’s approval shall not be
unreasonably withheld, conditioned, or delayed.
20. Right to Enter. The Licensor reserves the right to enter upon and repair any or all damage
to areas surrounding the Subject Property, and if such damage is caused by Licensee, then the
actual, reasonable, and documented cost of such repair will be the responsibility of Licensee.
21. Miscellaneous.
A. The Parties agree that no change or modification to this License Agreement, or any
exhibits or attachments hereto, shall be of any force or effect unless such amendment is dated,
reduced to writing, executed by both Parties, and attached to and made a part of this License
Agreement.
B. The Parties agree that the titles of the items of this License Agreement, hereinabove set
forth, are for convenience of identification only and shall not be considered for any other purpose.
C. The Parties agree that if any provision of this License Agreement is held invalid for any
reason whatsoever, the remaining provisions shall not be affected thereby if such remainder would
then continue to conform to the purposes, terms, and requirements of applicable law.
D. This License Agreement shall be construed, governed, and enforced according to the laws
of the State of Illinois and any action to enforce this License Agreement may be brought in the
Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois.
LICENSEE, Chicago Title Land Company, as Trustee under the provisions of a certain Trust
Agreement dated April 9, 2019 and known as Trust Number 8002380575,
By: East North Avenue, LLC, the holder of the beneficial interest
By:
William Hartwig, Manager

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[Extraction: OCR (rendered-page OCR)]
LICENSOR, City of West Chicago
By:
Ruben Pineda, Mayor
City of West Chicago
Attest:
By:
Nancy R. Smith, City Clerk
City of West Chicago

===== PDF PAGE 75 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBIT “A”
LEGAL DESCRIPTION
SANITARY FORCE-MAIN RIGHT-OF-WAY AGREEMENT LEGAL DESCRIPTION:
THAT PART OF LOT 7 IN PRINCE CROSSING ROAD ASSESSMENT PLAT, BEING A
SUBDIVISION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 40 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN THEREOF RECORDED
OCTOBER 18, 1982 PER DOCUMENT R82-47736, SAID LOT 7 BEING HERETOFORE
DEDICATED AS MEADOWVIEW CROSSING ACCORDING TO RESOLUTION
RECORDED APRIL 22, 2021 AS DOCUMENT NUMBER R2021-063617 AND QUIT CLAIM
DEED RECORD APRIL 22, 2021 AS DOCUMENT NUMBER R2021-063618 AND THAT
PART OF PRINCE CROSSING ROAD; DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 7 IN SAID PRINCE CROSSING
ROAD ASSESSMENT PLAT; THENCE NORTH 88 DEGREES 55 MINUTES 49 SECONDS
WEST ALONG THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 756.00 FEET;
THENCE NORTH 01 DEGREES 04 MINUTES 11 SECONDS EAST, 10.00 FEET; THENCE
SOUTH 88 DEGREES 55 MINUTES 49 SECONDS EAST TO THE EAST LINE OF SAID LOT
7, A DISTANCE OF 756.00 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 49
SECONDS EAST, 83.00 FEET TO THE EAST LINE OF PRINCE CROSSING ROAD;
THENCE SOUTH 01 DEGREES 02 MINUTES 11 SECONDS WEST, ALONG SAID EAST
LINE, 10.00 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 49 SECONDS WEST, 83.00
FEET TO SAID POINT OF BEGINNING, ALL IN DUPAGE COUNTY, ILLINOIS.

===== PDF PAGE 76 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBIT “B"
FACILITIES PLAN

===== PDF PAGE 77 =====
[Extraction: OCR (rendered-page OCR)]
uay30gS Ag payopdy _BMp"3d—LOTIOMVN3\}UawWasoDZ JO yD/q\sbuimoig joul4\Asns\Bmp\ LoHoMoUz\ cq :eWwON BMG ZG:11
0 50 100
SCALE: 1"=100' LOT 5
OF 7, PRINCE
PRINCE CROSSING ROAD
CROSSING ROAD ASSESSMENT
ASSESSMENT PLAT PLAT
PER DOC. R82—47736
a _iikya
LIGIHXS LNAWS3Y9V AVM-4O-LHOIY
SIONITI ‘ODVOIHD LSAM
PER DOC. R82—47736
10° DRAINAGE AND UTILITY EASEMENT
NORTH LINE OF |
/ MEADOWVIEW CROSSING PER DOC. R1982—035998
N 01°04'11" E < 3 MEADOWVIEW CROSSING Dy T “Ss "88°55'49" E
Z HERETOFORE DEDICATED PER DOC. R2021-063617 & R2021—063618 .
4 S 88°55'49" E 756.00’ : |
NIV 39404 AYVLINVS DNISSOYD M3IAMOGVAN
0" PRIVATE SANITARY i 10’ DRAINAGE AND UTILITY 4
FORCE MAIN WORK AREA EASEMENTPER DOC. R1982—035998
SOUTH LINE OF: CENTERLINE 4” DIA. PRIVATE POINT OF BEGINNING:
MEADOWVIEW CROSSING SANITARY FORCE MAIN
APPROXIMATELY 833° IN LENGTH N 88°55'49" W |
LOT 2A LOT 1 LOT 3
Ss 01°02'11" W
PRINCE FOREST PRINCE ‘"”
CROSSING FOUNDATION CROSSING ROAD
ROAD ASSESSMENT ASSESSMENT
ASSESSMENT PLAT PLAT
PLAT PER DOC. R86-24254 PER DOC. R82-47736
—
INILINSNOS
woo‘pueyuew GB98'L68'OES:% OOSELES'OES:4d GyLO8 TI ‘Pyequic) ‘eAlig seBuluds OOL
PER DOC. R82—47736 |
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BJBUUBId « SEYYoy SdBdspuUE) « SYSHUG/OS jeWeWUCAUG e SusHeusyy UOAIN.ASUCT
suesujGu ueqemaqsey\\ 9 Jeqe/\\ « SuseuiSug sounoseY JE98/)\ « SuOASAING « susaUiBUy [IAD
Q3AN3S3Y SLHOIN TV “G17 ‘ONLINSNOD GYVHNYN S107

===== PDF PAGE 78 =====
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Stem t & E.
ORDINANCE NO. 21-0-0029
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WEST CHICAGO - CHAPTER 3, SECTION 3-12 (C) - AMENDING
THE NUMBER OF A-1, A-2 and A-3 LIQUOR LICENSES
WHEREAS, the Illinois Liquor Control Act, 2351LCS 5/4-1 et seq., authorizes
municipalities to determine the kind and classification of liquor licenses; and
WHEREAS, based on a review of Chapter 3, Section 3-12 (c), it has been determined that
Class A-1 must reflect the current number of active licenses; and
WHEREAS, the Code of Ordinances must be amended to increase the number of
available Class A-1, A-2, and A-3 Liquor Licenses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST CHICAGO, ILLINOIS, IN REGULAR SESSION ASSEMBLED AS FOLLOWS:
SECTION 1. That Section 3-12 (c) “Records, number of licenses” is hereby amended as
follows:
"(c) There shall be no more than the following number of licenses issued for each class:
Hoppeddocosogicd Class A-1 Dons. idee cree
SgdoooedaaBcdd Class A-2 Bie SE eet gcarcle es
Wetec rae eeeatees Class A-3 6 hovoppopdiphasosdboda.i
SECTION 2. That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
Ordinance 21-O-0029
Page 1 of 2

===== PDF PAGE 79 =====
[Extraction: OCR (rendered-page OCR)]
PASSED this 1‘ day of November, 2021.
Alderman J. Beifuss Bel Alderman L. Chassee
Alderman J. Sheahan eee Alderman H. Brown
Alderman A. Hallett aa Alderman C. Dettmann
Alderman M. Birch Ferguson Alderman S. Dimas
Alderman C. Swiatek eee Alderman M. Garling
Alderman R. Stout aie Alderman J. Short
Alderman J. Morano _ Alderman J. Jakabesin
APPROVED as to form:
City Attorney
APPROVED this 1°‘ day of November, 2021.
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED:
Ordinance 21-O-0029
Page 2 of 2

===== PDF PAGE 80 =====
[Extraction: OCR (rendered-page OCR)]
Vem # 10. A+B.
CITY OF WEST CHICAGO
MEMORANDUM
TO: City Council
FROM: Michael L. Guttman, City Administrator ALN
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.

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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.

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Ordinance No. 21-0-0028
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.

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ORDINANCENO. 21-O-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.

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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 seqg., as may be
amended, and by this Article.
(c) Video Gaming Act means the Illinois Video Gaming Act, 230 ILCS
40/1, et seg. 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

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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

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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.

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(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;

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(b)
(d)
€)
(f)
(g)
(h)
@
0)
&)
@)
(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;
Acopy of the establishment’s State of Illinois video gaming license;

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(n)
(0)
()
@
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.

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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

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(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.

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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
TTT
APPROVED as to form:
City Attorney
APPROVED this 18th day of October, 2021.
Ruben Pineda, Mayor
ATTEST:
Nancy M. Smith, City Clerk
PUBLISHED:
10

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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.

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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.

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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 sort a, Alderman L. Chassee po
Alderman J. Sheahan pak ad Alderman H. Brown ee
Alderman A. Hallett roaanes Alderman C. Dettmann or ee
Alderman M. Birch-Ferguson_ | Alderman S. Dimas rere
Alderman C. Swiatek Live ig Alderman M. Garling pare ue
Alderman R. Stout pore, Alderman J. Short whe Bae
Alderman J. Morano ts i Alderman J. Jakabcsin eae
APPROVED as to form:
City Attorney
APPROVED this 18" day of October, 2021.
Ruben Pineda, Mayor
ATTEST:
Nancy M. Smith, City Clerk
PUBLISHED: