Ordinance 2012-17 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-17
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, AMENDING THE REGULATIONS
FOR AMUSEMENT DEVICES AND INCLUDING VIDEO GAMING TERMINALS
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 26`x'day of June, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on June 28, 2012.
Ordinance No. 2012- l
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS,AMENDING THE REGULATIONS FOR AMUSEMENT
DEVICES AND INCLUDING VIDEO GAMING TERMINALS
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City pursuant to Section 5/11-42-5 of the Illinois Municipal
Code (65 ILCS 5/11-42-5) may license, tax and regulate amusements and hereby adopts
this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That Title 3, Chapter 4, Section 3-4-2 of the Yorkville City Code, as
amended, be and is hereby amended by adding subsection B. to read as follows:
"B. Nothing contained in this Chapter shall prohibit an establishment licensed by
the Illinois Gaming Board pursuant to the Video Gaming Act (230 ILCS 40/1 et seq.) to
operate a video gaming terminal and such terminal shall not be subject to the amusement
tax in Article D of this Chapter 4."
Section 2. That Title 3, Chapter 4, Article B of the Yorkville City Code, as
amended, be and is hereby amended by amending its title to read as follows:
"AMUSEMENT DEVICES"
Section 3. That Title 3, Chapter 4, Article B, Section 3-413-1 of the Yorkville
City Code, as amended, be and is hereby amended by amending the definition of
mechanical amusement devices to read as follows:
"AMUSEMENT DEVICES: All mechanical devices of entertainment and games
of skill or amusement operated for gain or for profit, including, but not necessarily
limited to, the following: video games, other arcade games, billiards and pool tables,
pinball games, virtual reality games, computerized games; and any machine which, upon
the insertion of a coin, slug, token, plate or disc, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering a score. It shall
include such devices as marble machines, pinball machines, skillball, mechanical grab
machines, pistol ranges, baseball games, bowling games, tennis games and any and all
devices referred to as arcade equipment, and all games and operations similar thereto
under whatever name they may be indicated. It shall also include those amusements
operated by remote control, whether or not actuated by insertion of a coin. For purposes
of this article, the term "amusement devices" shall not include mechanical devices
Ordinance No. 2012-17
Page 2
commonly known as "kiddie rides" or "carnival amusement rides" designated for child or
adult amusement rides or music machines."
Section 4. That Title 3, Chapter 4, Article B, Section 3-413-3 through 3-413-8 of
the Yorkville City Code, as amended, be and is hereby amended to read as follows:
"3413-3 LICENSE FEES
A. The annual fee for any license required by this article shall be twenty dollars ($20.00)
for each table, machine or amusement device except for a video gaming terminal
which shall be twenty-five dollars ($25.00).
B. If, at the time application is made for a license required by this article and less than six
(6) months of the current license year shall have expired, the full fee shall be charged
for any amusement device. If more than six (6) months of such current year shall have
expired, a license fee of one-half (1/2) the full fee shall be charged for such
amusement device, except for a video gaming device, for such portion of the current
license year that shall remain unexpired.
3-4B-4: INVESTIGATION OF APPLICANT:
A. All applications for licenses required by this article, when filed, shall be referred to the
city building and zoning officer to assure compliance with the applicable building,
zoning and housing ordinances of the city, and no license shall be granted to any
applicant at any location unless and until the city building and zoning officer shall
have first certified that the proposed location complies with the applicable building,
zoning and housing ordinances of the city.
B. Upon receipt of any application for license required by this article, the city clerk shall
forward such application to such other appropriate agencies or administrators as may
be affected, including, but not limited to, the local liquor control commissioner if
liquor is to be sold upon the premises where such amusement device is to be held and
to the Kendall County health officer if food is to be dispensed upon the premises. No
license shall be issued until such agency or administrator, as the case may be, shall
have certified that the intended location of the place of business is in compliance with
all other applicable ordinances.
C. An applicant that has or has been approved for a current City liquor license is not
required to have an additional investigation as required by this Section.
3-4B-5: ISSUANCE OF LICENSE; RESTRICTIONS:
The application for license required by this article, when filed, shall be referred to the city
clerk who shall issue or cause to be issued to such applicant a license authorizing the
keeping, conducting or operating of such amusement device, as the case may be, at the
Ordinance No. 2012-1
Page 3
place described in such application, for and during the term of such license. A license
shall not issue, however, to the following person or persons:
A. A person who has been convicted of a felony under the laws of the state of Illinois;
B. A person whose license issued under this article has been revoked for good cause;
C. A person who, at time of application for renewal of any license issued under this
article, would not be eligible for such license upon first application;
D. A partnership, unless all of the members of such partnership shall be qualified to
obtain a license;
E. A person whose place of business is conducted by a manager or agent, unless the
manager or agent possesses the same qualifications required of the licensee;
F. A person who does not own the premises for such a license, unless said person has
valid lease for the premises for which the license is to be issued;
G. A person who has been convicted of any crime or misdemeanor involving moral
turpitude.
3-413-6: LOCATION RESTRICTIONS:
A. In accordance with the provisions of the zoning ordinance of the city, under no
circumstances shall a license be issued for the operation of any amusement device
business unless such business is located in a B-2 general business district or B-3
service business district classification.
B. No license shall be granted to any place of business under this article to operate,
maintain or conduct an amusement device for the use of minors which is within three
hundred feet (300') of any school or tavern.
3-411-7: HOURS OF OPERATION:
All places of business licensed under this article, with the exception of those places
holding liquor licenses shall be closed and kept closed each night from twelve o'clock
(12:00) midnight until eight o'clock (8:00) A.M. the following morning.
3-413-8: MINORS:
A. Minors Prohibited: Minors under the age of twenty one (21) shall not, under any
circumstances, frequent, loiter or go or remain in a place licensed hereunder for the
sale of liquor. It shall be unlawful for the proprietor or manager of such place so
Ordinance No. 2012- 1-7
Page 4
licensed for the sale of liquor to allow or permit these minors to frequent or loiter or
remain within the premises or designated area in which said amusement devices are
located.
B. Manager in Attendance: Every place of business that permits minors to play
amusement devices shall have in attendance, as a manager or operator of such place
of business, a responsible person of good moral character, who is the age of twenty
one (2 1) years or more."
Section 5. This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this j6--day of � � , A.D. &4�t
U
CITY CLERK
ROSE ANN SPEARS DIANE TEELING
GEORGE GILSON JR. Al JACKIE MILSCHEWSKI
,�/
CARLO COLOSIMO /V MARTY MUNNS
CHRIS FUNKHOUSER I LARRY KOT 1
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this o2 S day of J u t4L 2012. /L
M#6R
Ordinance No. 2012- 1
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