City Council Packet 2007 08-17-07 `,�eo C/T6
J� a o United City of Yorkville
800 Game Farm Road
EST. � �_ 1836 Yorkville, Illinois 60560
4 •e Telephone: 630-.553-4350
0 In,` C'It Fax: 630-553-7575
AGENDA
SPECIAL CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
5:.30 PM
Friday, August 17, 2007
Call to Order:
Pledge of Allegiance:
Roll Call by Cleric: WARD I WARD II WARD III WARD IV
Jason Leslie Gary Golinski Marty Munns Joe Besco
Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears
Establishment of Quorum:
City Council Requests:
1 , Request for Mechanical Amusement Device License for Legends Sports Bar & Grill
Adjournment:
`,000 C/r� Reviewed By: Agenda Item Number
OAz� u /�- '� O,n Legal ❑
Finance ❑
EST. `c 1836
��- Engineer ❑ Tracking Number
O� ® i O City Administrator ❑
O Consultant ❑
❑
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Agenda Item Summary Memo
Title: Request for Mechanical Amusement Device License for Legends Sports Bar & Grill
Meeting and Date: Special CC CC 817-07�
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested: Vote to approve mechanical amusement device license for
Legends Sports Bar & Grill
Submitted by: Lisa Pickering Clerk's Office
Name Department
Agenda Item Notes:
Applicant has met the criteria listed in our municipal code,
Staff recommendation is to approve license. Please see attached information for more details_,
=`tED cep o United City of Yorkville beano
o � " 800 Game Fann Road
Esr 1836 Yorkville, Illinois 60560
�< \ Telephone : 630-553 -4350
®' n Fax: 630-553 -7575
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Date: August 15, 2007
To: City Council
From: Bart Olson, Interim City Administrator
CC:
Subject: Mechanical Amusement Device Licenses
Deputy Clerk Pickering has prepared the information associated with this agenda item
and special meeting. While I have spoken to a few of the aldermen about the specific concerns
of the way the amusement device licenses are processed, I would like to reiterate the staff's role
in approving and processing these licenses. The city code governing the release of the license is
attached. The process is fairly clear in the steps that are needed to achieve an approved license:
sign off by the City building department, sign off by the Kendall County Health Department and
approval by City Council, Staff is researching the ramifications of establishments having
"approved" licenses that did not go through the City code mandated approval process in full.
When that research is finalized, I will report back to you. For purposes of approving this specific
license, I feel that the research on other licenses is irrelevant. This applicant has met the process
and staff recommends approval.
The mechanical amusement device license approval process is one in which more staff
autonomy would result in a quicker process,. The current step of City Council approval adds as
much as 2 weeks to the entire application process. I intend to research this and report back to
you at a future committee meeting.
Deputy Clerk Pickering has attached a list of all of the current establislunents which have
a mechanical amusement device license. The Police Department conducts checks of each of the
licensed establislunents on a yearly basis to verify the number of devices at each establishment.
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o United City of Yorkville Memo
J o T 800 Game Farm Road
ESL IB36 Yorkville, Illinois 60560
Telephone: 630-553-4350
o 10 F] Fax: 630-553 -7575
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Date: August 15, 2007
To: Mayor and City Council
From: Lisa Pickering, Deputy Cleric
Subject: Request for Mechanical Amusement Device License
The Clerk's Office is in receipt of an application for a mechanical amusement device license.
The business applying for the license is the Legends Sports Bar & Grill located at 620 W.
Veteran's Parkway in Yorkville (see attachment #1 ). I have included a copy of the current
mechanical amusement device code for the city (see attachment #2).
Section 3-4B-2 states that a license is required to operate, maintain, or conduct a billiard table,
pool table or pinball machine or amusement device open to the public.
Section 3-4B-4 states that all applications for licenses required by this article must be
investigated to make sure the business is in compliance with the city's ordinances and also the
I{endall County Health Department' s ordinances. The applicant is currently in compliance with
the city's zoning ordinances (see attachment #3). The applicant is also currently in compliance
with the Health Department ordinances (see attachment #4).
Section 3-4B-5 states that the application for license, when filed, shall be referred to the City
Council which shall issue or cause to be issued to the applicant a license,.
Section 3-4B-6 states that the business must be located in a B-2 General Business District or, B-3
Service Business District. The business is located in a B-2 zoning district.
The application meets the criteria laid out by our municipal code. Staff recommendation is to
approve the license.
I
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(LICENSE APPLICATION
FOR
MECHANICAL AMUSEMFENT DEVICE M-A-CHINES
TO : City Cleric, of the United City of Yorkville, Kendall County, Illinois
I . Name and address of applicant: ��C ��S ��� f I' Y2itc
1 If applicant is a corporation, indicate the state of incorporation and exact
corporate name. n
(State of Incorporation) (Exact Corporate Name)
3 . If applicant is a corporation, indicate the name and address of each Officer and
Director of the corporation and all shareholders owning more than 5% of the
stock of such corporation.
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4. Has the applicant or any officer, director or shareholder owning more than 5%
of the stock of a corporate applicant, or a partner of any partnership applying
for a license, or any agent or manager of the applicant for a license for a billiard
table, pool table, pinball machine or mechanical amusement device ever been
convicted of a felony?
Yes / No
Page 1 of 4
Mecbanical Amusement DeAce License February 2003
5 . Has the applicant or any officer, director or shareholder owning more than 5%
of the stock of a corporate applicant, or partner of any partnership applying for
a license, or any agent or manager of the applicant for a license for a billiard
table, pool table, pinball machine or mechanical amusement device ever had his
license revoked to operate, maintain or conduct a billiard table, pool table,
pinball machine, or mechanical amusemen vise?
Yes / u
If so, please state the name of such person and when such revocation occurred:
6. Has the applicant or any officer, director or shareholder owning more than 5 %
of the stock of a corporate applicant, or partner of any partnership applying for
a license, or any agent or manager of the applicant for a license for a billiard
table, pool table, pinball machine or mechanical amusement device machine
ever been convicted of any crime or misde anor involving moral turpitude?
Yes / No
If so, please state the name, address and p on of such person:
7 . Does the applicant own the premises where the billiard table, pool table, pinball
machine or mechanical amusement devic be operated and maintained?
Yes No
If not, does the applicant have a v se?
Yes / No
If applicant has leased the premises or which license application is submitted,
what is the term of such lease?
LO
Page 2 of 4
Mechanical Amusement Device License February 2003
8 . Will alcohol be sold at the place where applicant intends to operate, maintain or
conduct a billiard table, pool table, pinball machines or mechanical amusement
device machines?
es / No
If so, does the applicant intend to permit minors to use the billiard tables, pool
tables, pinball machines or mechanical a ant devices?
Yes / No
9 . Has the applicant acquainted himself with the zoning classification of the
premises where he plans to conduct and maintain the billiard table, pool table,
pinball machines or mechanical a ent device machines?
( Yes) / No
If so, what is such classification?
Does such classification permit th nYes /intended by the applicant?
No
10. Has the applicant acquainted himself with the rules and regulations as defined in "An
Ordinance to License and Regulate Amusement Devices, Billiard Parlors and Pinball
Machines in the United City of Yo le, Kendall County, Illinois"?
Yes / No
If so, does the applicant intend to bQmoy with each and every provision thereof,
including the hours of operation a ned in Section 8 thereof?
es / No
11 . Is there any reason known to the applicant why a license should not be issued to the
applicant and stamps issued for each table, pinball machine or mechanical amusement
device as defined in the Ordinance of the United City of Yorkville as referred to
herein?
Yes No
NOTE: A license fee of $20 for each billiard table, pool table, pinball machine or
mechanical amusement device must accompany this application. All checks
should be made payable to "The United City of Yorkville".
Page 3 of 4
Mechanical Amusement Device License February 2003
Ih' pf p Y (
569[j 1
�(� ���lof�" � � �u on oath deposes and says that (s)he has read the
foregoing application, by him/her subscribed, for a billiard table, pool table, pinball machine
or mechanical amusement device machine, that (s)he - ows th tents thereof and that the
same is true in substance and fact.
Wand CIAL SEAL
TE WILLIAMS S ' e of Applicant
C - STATE OF ILLINOIS
ION EXPIRES:12173105
Subscrorn to before me this �l� —
r7 day of
20 r7
r'
Notary Public
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Page 4 of 4
Mechanical Amusement Device License February 2003
�\�ED CIA o United City of Yorkville Memo
800 Game Farm Road
ESL I - 1998 Yorkville, Illinois 60560
Telephone: 630-553 -4350
o lei 0) Fax: 630-553 -7575
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of
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Date: August 15, 2007
To: Mayor and City Council
From: Lisa Pickering, Deputy Clerk
Subject: Mechanical Amusement Device Code
ARTICLE E . MECHANICAL AMUSEMENT DEVICES
346-1 : DEFINITIONS :
When used in this Article, the following words and terms shall have the meanings herein
ascribed to them :
MECHANICAL AMUSEMENT DEVICE: 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 Section, the term "mechanical amusement devices" shall not include mechanical
devices commonly known as "kiddie rides" or "carnival amusement rides" designated for
child or adult amusement rides or music machines,
PINBALL: A game played with any number of balls or spheres upon a table or board
having holes, pockets or cups into which such balls or spheres may drop or become
lodged , or having arches, pins and springs, or any of them, to control , deflect or impede
the direction or speed of the ball or spheres in motion by the player, (Ord . 1978-4, 4-27-
78)
TAVERN : Any place of business whose chief or principal function is the sale or
dispensing of alcoholic beverages, and not chiefly or principally in the business of
selling food , as measured by gross sales of food compared to gross sales of alcoholic
beverages. (Ord . 1979-20, 11 - 15-79)
3413-2 : LICENSE REQUIRED :
No person shall operate , maintain or conduct a billiard table, pool table or pinball
machine or amusement device open to the public without first having obtained a license
therefor as herein provided . (Ord . 1978-4, 4-27-78)
3-45-3: LICENSE FEE :
A. The annual fee for any license required by this Article shall be twenty dollars ($20.00)
for each table , machine or mechanical amusement device. (Ord . 1978-4, 4-27-78;
1994 Code)
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 such pool table, billiard table, pinball machines or amusement
devices. 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 billiard table, pool
table, pinball machine or mechanical amusement device for such portion of the
current license year that shall remain unexpired . (Ord . 1978-4, 4-27-78)
34134: 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 7Lo , 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 pinball machine or mechanical
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. (Ord .
1979-20 , 11 -15-79)
3413-5 : ISSUANCE OF LICENSE; RESTRICTIONS :
The application for license required by this Article, when filed , shall be referred to the
City Council which shall issue or cause to be issued to such applicant a license
authorizing the keeping , conducting or operating of such billiard tables, pool tables or
pinball machines, as the case may be, at the 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 full period for which the license is to be issued ;
G . A person who has been convicted of any crime or misdemeanor involving moral
turpitude. (Ord . 1978-4, 4-27-78)
34M: 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 billiard table, pool
table, pinball machine or mechanical amusement device business unless such parlor
or business is located in a B-2 General Business District or B-3 Service Business
District classification. (Ord . 1978-4, 4-27-78)
B . No license shall be granted to any place of business under this Article to operate,
maintain or conduct a billiard table, pool table or pinball machine or amusement
device for the use of minors which is within three hundred feet (300') of any school
or tavern. (Ord . 1979-20, 11 -15-79)
3413-7 : FLOURS 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 . (Ord . 1978-4, 4-
27-78)
3413-8 : MINORS :
A. Minors Prohibited : Minors under the age of twenty one (2 1 ) 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
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 pinball machines,
amusement devices or billiard tables are located . (Ord . 1978-4, 4-27-78; 1994 Code)
B. Manager in Attendance: Every place of business that permits minors to play billiards,
pool, pinball machines or mechanical 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 (21 ) years or more. (Ord . 1979-20, 11 -
15-79)
3413-9 : MANUFACTURERS OR DISTRIBUTORS :
No manufacturer or distributor or any other person shall sell, lease, supply or deliver
any billiard table or pool table, pinball machine or amusement device to any premises
within the City unless the owner or lessee thereof shall first obtain and display to the
manufacturer or distributor a current, valid City license for such table or machine or
mechanical amusement device. (Ord . 1978-4, 4-27-78)
348-10 : REVOCATION OR SUSPENSION OF LICENSE:
A. The Mayor may revoke or suspend any license issued by the City Council if the
Mayor determines the licensee has violated any of the provisions of this Article or is
convicted of a felony or any crime or misdemeanor involving moral turpitude.
However, no such license shall be sold , revoked or suspended except after a public
hearing by the Mayor with a three (3) day written notice to the licensee affording the
licensee an opportunity to appear and defend . All such hearings shall be open to the
public and the Mayor shall reduce all evidence to writing and shall maintain an
official record of the proceedings. If the Mayor has reason to believe that any
continued operation of a particular licensed premises will immediately threaten the
welfare of the community, he may, upon the issuance of a written order stating the
reason for such conclusion and without notice or hearing, order the licensed
premises closed for not more than seven (7) days; except, that if such licensee shall
also be engaged in the conduct of another business or businesses on a licensed
premises, such order shall not be applicable to such other business or businesses.
B . All orders of suspension or revocation by the Mayor and following hearing shall ,
within forty eight (48) hours from the date of entry of such order, be served upon the
licensee. All orders of the Mayor regarding suspension or revocation of a license
shall be appealable to the Circuit Court or such other court as provided by law. (Ord .
1978-4, 4-27-78; 1994 Code)
3-4E-11 : PENALTY:
Any person guilty of a violation of this Article in operating , maintaining or conducting a
billiard table, pool table, pinball machine or amusement device open to the public,
without first having obtained a license therefor as provided herein, shall be guilty of a
Class A misdemeanor, and shall upon conviction, be subject to penalty as provided in
Section 1 -4-1 of this Code. (Ord , 1979-2, 1 -11 -79; 1994 Code)
Ja•��° /T b� United City of Yorkville Memo
��(l 800 Game Farm Road
ssr 1836 Yorkville, Illinois 60560
® Telephone: 630-553-4350
Fax: 630-553-7575
LE
Department of wilding Safety
And Zoning
Date: August 14, 2007
To: Lisa Pickering, Deputy Clerk /l
From: Gary R. Williams, Assistant Code Official U
Subject: Legends Sports Bar & Grill
Please be advised that the Legends Sports Bar & Grill located at 620 W. Veterans Pkwy, has
been inspected and a Conditional Occupancy Certificate was issued on August 8, 2007. This
Occupancy certifies that all building and zoning codes of the City of Yorkville have been met.
Should you need any further information, please contact me.
August 15, 2007
United City of Yorkville
Attn: Lisa Pickering
800 Game Faun Road
Yorkville, IL, 60560
RE: LEGEND'S SPORTS BAR & GRILL
Dear Ms. Pickering:
Legend's Sports Bar & Grill (facility #315) located at 620 W. Veterans Parkway,
Yorkville, IL, was approved to open on July 3, 2007. They meet all current construction
and equipment requirements. Routine inspections will be conducted twice a year to
verify compliance with the Illinois Department of Public Health Food Service Sanitation
Code & the Kendall County Food Establishment Sanitation Ordinance.
If you have any questions regarding this matter, please contact me at (630) 553-8096.
Sincerely,
Todd Drefcinski, LEHP
Sanitarian, Environmental Health