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Minutes of the Committee of the Whole Workshop of the President and the Board of Trustees
Held on November 13, 2017
At the Plainfield Law Enforcement Center
Mayor Collins called the meeting to order at 7:00 p.m. Board Present: Mayor Collins, Trustee
O’Rourke, Trustee Wojowski (7:01 p.m.), Trustee Bonuchi (7:01 p.m.), Trustee Lamb, and Trustee
Larson. Board Absent: Trustee Newton. Others present: Brian Murphy, Administrator; Michelle
Gibas, Village Clerk; Derek Wold, Engineer; Allen Persons, Public Works Director; Randy Jessen,
Public Improvements Superintendent; Scott Threewittt, Lead Engineer; Jon Proulx, Planning
Director; Ken Goska, Building Official; Traci Pleckham, Management Services Director; and John
Konopek, Chief of Police. There were approximately 6 persons in the audience.
Trustee Lamb moved to approve the Minutes of the Special Committee of the Whole Workshop,
Special Meeting, and Committee of the Whole Workshop held on October 23, 2017. Second by
Trustee O’Rourke. Voice Vote. All in favor, 0 opposed. Motion carried.
PRESIDENTIAL COMMENTS
No Comments.
TRUSTEE COMMENTS
No Comments.
PUBLIC COMMENTS
No Comments.
WORKSHOP
1) ITEP GRANT APPLICATION
Mr. Persons stated the IDOT is currently accepting applications under the ITEP (Illinois
Transportation Enhancement Project) Program. Mr. Persons reviewed four potential projects
including Lockport Street – Route 59 to Miles Avenue; Main Street – Route 59 to Lockport Street;
DuPage River Trail, and Route 59 Lighting. There was some general discussion regarding the
projects identified. It was the consensus of the Board to proceed with applications for the projects
identified except for the DuPage River Trail. Staff will try to coordinate a joint application with the
Park District in the future. Mr. Persons pointed out that staff will bring forward a Resolution in
support for the projects at the next Village Board Meeting.
#2 2018-2019 DRAFT FISCAL YEAR BUDGET
Police Chief Konopek gave a presentation regarding the proposed 2018-2019 Police Department
Budget. Chief Konopek reviewed the Mission Statement, Police Department Values, Organizational
Chart, population versus officers per resident, 5-year crime index, crime stats and trends, and officers
years of service and potential future retirements. Chief Konopek then reviewed the department
requests including two (2) police officers for the Patrol Division, and also reviewed PEMA. There
was some general discussion regarding the hiring of additional police officers. Administrator
Murphy stated that staff will move forward with hiring two (2) police officers in this upcoming
budget and will look at additional officers in future budgets.
Traci Pleckham then reviewed the General Fund Budget Summary for the Police Division.3
Village of Plainfield
Meeting Minutes – November 13, 2017
Page 2
Mayor Collins read the reminders.
Trustee Bonuchi moved to adjourn. Second by Trustee Lamb. Voice Vote. All in favor, 0 opposed.
Motion carried.
The meeting adjourned at 8:38 p.m.
Michelle Gibas, Village Clerk
4
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5
MEMORANDUM
To: Mayor Collins and Trustees
From: Joan Meyers
Date: November 20, 2017
Re: Draft Ordinances: Establishing a System for the Licensing of Raffles; Video Gaming
_____________________________________________________________________________________
Background
Staff was requested to prepare two draft Ordinances: one establishing a licensing system for
raffles in the Village, and the other amending the Village’s current liquor Ordinance to allow for video
gaming. The draft Ordinance related to the licensing of raffles addresses a topic not currently regulated
by the Village’s Code of Ordinances, and not previously considered by the Village’s Board of Trustees.
The draft Ordinance related to video gaming contemplates a proposed modification to the Village’s
current Ordinance Regulating the Sale and Consumption of Alcoholic Liquor, to allow for video gaming, a
topic previously discussed by the Village’s Board of Trustees after enactment of the Illinois Video Gaming
Act in 2009.
Proposed Ordinances
A. An Ordinance Establishing a System for the Licensing of Raffles
The attached draft Ordinance Establishing a System for the Licensing of Raffles creates a process
for the Village to license persons/organizations desiring to organize and conduct raffles in the
Village. The draft Ordinance substantially corresponds with the Illinois Raffles Act, 230 ILCS
15/0.01 et seq., and establishes the following: (1) two raffle license classifications; (2)
qualifications and prerequisites for the issuance of a raffle license; (3) a system for conducting
raffles; and (4) penalties for failure to comply with the Ordinance. The Ordinance is intended to
establish a process to regulate the licensing and conduct of raffles in the Village.
B. An Ordinance Amending the Chapters and Articles Related to the Sale and Consumption of
Alcohol (Video Gaming)
The attached draft Ordinance Amending the Chapters and Articles Related to the Sale and
Consumption of Alcohol, modifies certain provisions of the Village’s current liquor ordinance to
allow video gaming in licensed establishments. Specifically, it amends Section 4-15 (Definitions)
and Section 4-37 (Prohibited Conduct; Licensees conduct) to permit video gaming in the Village.
The draft Ordinance substantially corresponds with the Illinois Video Gaming Act, 230 ILCS 40/1
et seq., and establishes regulations regarding the number of video gaming terminals permitted, 6
the licensing and operation of such terminals, as well as penalties for failure to comply with video
gaming regulations.
Staff presents the proposed Ordinances for review and comment by the Village’s Board of
Trustees, and welcomes further direction from the Board prior to submitting the proposed Ordinances
for formal approval.
7
VILLAGE OF PLAINFIELD
ORDINANCE NO. 2017- _____
AN ORDINANCE ENACTING CHAPTER 4, ARTICLE XII
OF THE VILLAGE OF PLAINFIELD CODE OF ORDINANCES
An Ordinance Establishing a System for the Licensing of Raffles
ADOPTED BY THE
PRESIDENT AND BOARD
OF TRUSTEES OF THE
VILLAGE OF PLAINFIELD
THIS ___ DAY OF __________, 2017
Published in pamphlet form by
the authority of the President
and Board of Trustees of the
Village of Plainfield, Will and Kendall
Counties, Illinois, this ___ day of
___________, 2017.
8
2
ORDINANCE NO. 2017 - _____
AN ORDINANCE ENACTING CHAPTER 4, ARTICLE XII
OF THE VILLAGE OF PLAINFIELD CODE OF ORDINANCES
An Ordinance Establishing a System for the Licensing of Raffles
WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties,
Illinois, as a home rule municipality in accordance with Article VII, Section 6(a) of
the Constitution of the State of Illinois of 1970, enacts this Ordinance pursuant to
its home rule authority; and
WHEREAS, pursuant to the laws of the State of Illinois, the Village has the
authority to adopt ordinances necessary or proper to effect the powers granted to
municipalities; and
WHEREAS, the Illinois Raffles Act, 230 ILCS 15/0.0I et seq., provides that
municipalities within the State of Illinois may establish a system for the licensing
of organizations to operate raffles; and
WHEREAS, it is in the Village’s best interest to amend the Village’s Code
of Ordinances (the “Code”) for the purpose of enacting an ordinance establishing
a system for the licensing of raffles; and
WHEREAS, the Village President and the Village Board specifically find
that the passage of this Ordinance will promote the general health, safety and
welfare of the residents of the Village.
9
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NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND
KENDALL COUNTIES, ILLINOIS, as follows:
SECTION ONE. That the Preamble to this Ordinance and Exhibits are
adopted by this reference as if fully set forth herein.
SECTION TWO. That Chapter 4, Article XIII of the Code, entitled
"Licensing of Raffles", be and hereby is enacted as set forth in Section Three
below. The text enacting this Article of the Code, with document markings, is
attached hereto as Exhibit "A". Additions to the Code are double underlined.
SECTION THREE.
Sec. 4-465. Definitions.
Unless the context otherwise requires, the following words, terms and
phrases, when used in this article, shall have the meanings ascribed to them in
this section and shall be construed according to the definitions given below.
Business.A voluntary organization comprised of individuals and/or businesses
who have joined together to advance the commercial, financial, industrial and
civic interests of the community.
Charitable organization. An organization or institution organized and operated to
benefit an indefinite number of the public. The service rendered to those eligible
for benefits must also confer some benefit upon the public.
Educational organization. An organization or institution organized and operated
to provide systematic instruction in useful branches of learning by methods
common to schools and institutions of learning which compare favorably in their
scope and intensity with the course of study presented in tax-supported schools.
Fraternal organization. An organization of persons having a common interest,
the primary interest of which is to promote the welfare of its members and to
provide assistance to the general public, in such a way as to lessen the burdens
of government by caring for those who otherwise would be cared for by the
government.
Labor organization. An organization comprised of workers organized with the
objective of betterment of the conditions of those engaged in such pursuit and
the development of a higher degree of efficiency in their respective occupations.
.10
4
Law enforcement agency. An agency of the State of Illinois or unit of local
government, vested by law or ordinance, with the duty to maintain public order
and to enforce criminal laws or ordinances.
Licensee.A person issued a license to operate a raffle pursuant to this article.
Net proceeds. The gross receipts from the conduct of raffles, less reasonable
sums expended for prizes, license fees and other reasonable operating
expenses incurred as a result of operating a raffle.
Non-profit. An organization or institution organized and conducted on a not-for-
profit basis with no personal profit insuring to anyone as a result of the operation.
Person. An individual, firm, association, charitable organization, educational
organization, fraternal organization, labor organization, law enforcement agency,
veterans organization, public or private corporation or partnership.
Prize(s). A tangible good or service, and/or U.S. currency.
Raffle. A form of lottery, as defined in 720 ILCS 5/28-2(b), conducted by an
organization licensed under this article in which:
1) The player pays or agrees to pay something of value for the chance
represented and differentiated by a number or by a combination of
numbers or by some other medium, one or more of which chances is
to be designated the winning chance; and
2) The winning chance is to be determined through a drawing or by some
other method based on an element of chance by an act or set of acts
on the part of persons conducting or connected with the lottery except
that the winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
Raffle Administrator(s). The Village President or his/her designee.
Raffle event. An event at which a minimum of one (1) raffle is conducted by a
person holding a raffle license pursuant to the provisions of this article.
Religious organization. A church, congregation, society or organization founded
for the purpose of religious worship.
Veteran’s organization. An organization or association comprised of members of
whom substantially all are veterans, or spouses, widows or widowers of veterans,
the primary purpose of which is to promote the welfare of its members and to
provide assistance to the general public in such a way as to confer a public
benefit.
11
5
Sec. 4-466. License required.
It shall be unlawful for any person to conduct or operate a raffle, or to sell,
offer for sale, convey, issue or otherwise transfer for value a chance on a raffle,
unless conducted pursuant to a license duly issued by the Village and in
accordance with this article. Such license, when issued, is effective only for the
areas within the corporate limits of the Village. Notwithstanding the foregoing,
political committees licensed to conduct a raffle from the State Board of Elections
shall be exempt from any provisions of this article, and shall be permitted to
engage in such activities permitted by the terms of any such license so issued.
Nothing in this article shall be construed to authorize the conducting or
operating of any gambling scheme, enterprise, activity or device, other than
raffles, as provided herein.
Sec. 4-467. Classification of licenses.
Any person conducting or operating a raffle, or selling, offering for sale,
conveying, issuing or otherwise transferring for value, a chance on a raffle in the
Village, must first obtain the appropriate license duly issued by the Village in
accordance with this article. No license shall be issued unless the applicant has
met all qualifications for the requested license. Licenses issued pursuant to this
article shall be divided into the following classifications:
1) Class A: General Raffle License. A General Raffle License shall permit a
licensee to conduct an individual raffle, as defined herein, which may
include multiple drawings to award prize(s). All drawings must occur on
the same day and at the same location and within the confines of the
same raffle event. A General Raffle License shall permit chances to be
issued or sold for a period not to exceed ninety (90) consecutive calendar
days from date the General Raffle License is issued.
2) Class B: Annual Raffle License. An Annual Raffle License shall permit a
licensee the authority to regularly conduct raffles, as defined herein, within
a twelve (12) consecutive calendar month period, which may include
multiple drawings to award prize(s). An Annual Raffle License shall permit
a licensee to hold no more than fifty-two (52) raffle events, and allow
chances to be issued or sold, for a period not to exceed twelve (12)
consecutive calendar months from the date the Annual Raffle License is
issued.
Sec. 4-468. Raffle license application submission; Application fee
Any person seeking to conduct or operate a raffle shall file a written
application therefore with the Village Clerk on forms provided by the Village.
Only completed and fully executed applications will be accepted by the Village
Clerk. When application for a raffle license is filed, the application shall be 12
6
accompanied by an application fee of Twenty-Five Dollars ($25.00), which
application fee is non-refundable even if the application is denied for any reason.
The Village shall act on a license application within thirty (30) days of receipt of
the completed application.
Submitted applications shall include information and/or documentation
required pursuant to the Illinois Raffles and Poker Runs Act, 230 ILCS 15/0.01 et
seq., consisting of, but not limited to, the following:
1) The name, address and type of organization;
2) The length of existence of the organization and, if incorporated, the
date and state of incorporation;
3) The name, address and telephone number of the organization’s
presiding officer, secretary, raffles manager and any other members
responsible for the conduct and operation of the raffle;
4) The aggregate retail value of all prizes to be awarded in the raffle;
5) The maximum retail value of each prize to be awarded in the raffle;
6) The maximum price charged for each raffle chance issued or sold;
7) The maximum number of raffle chances to be issued;
8) The area(s) in which raffle chances will be sold or issued;
9) The time period during which raffle chances will be issued or sold;
10) The date, time and location at which winning chances will be
determined;
11) When applicable, a sworn statement attesting to the not-for-profit
character of the applicant organization, signed by its presiding officer
and secretary;
12) A certificate signed by the applicant or an authorized representative
of the applicant, attesting to the fact that the information contained in
the application is true and correct;
13) A fidelity bond in an amount equal to the aggregate retail value of all
prizes to be awarded;
14) A statement signed by the applicant and proposed raffles manager of
the applicant, consenting to a criminal background check of the
officers, directors and proposed raffles manager(s) of the organization, 13
7
to determine eligibility for licensure in accordance with this article, and
consenting to provide any additional information as may be necessary
for processing of a criminal background check; and
15) A statement signed by the applicant or an authorized representative of
the applicant, and the proposed raffles manager, consenting to
reimburse the Village for any police service at the location where the
raffle is to be held, as deemed necessary in the sole discretion of the
Village’s Chief of Police.
Sec. 4-469. Licensee qualifications.
Raffle licenses shall be issued only to bona fide religious, charitable, labor,
business, fraternal, educational and veteran’s organizations, that operate without
profit to their members, and which have been in existence continuously for a
period of five (5) years immediately preceding making application for a license
and which have had, during that entire five (5) year period, a bona fide
membership engaged in carrying out their objectives, or to a law enforcement
agency, or to a nonprofit fundraising organization, determined by the Village to
be organized for the sole purpose of providing financial assistance to an
identified individual or group of individuals suffering extreme financial hardship as
the result of an illness, disability, accident or disaster. The following are ineligible
for a raffle license:
1) A person convicted of a felony;
2) A person who is or has been a professional gambler or gambling
promoter;
3) A person who is not of good moral character;
4) Any organization in which a person defined is subsection (1), (2) or (3)
of this section, has a proprietary, equitable, or credit interest or in
which such person is active or employed;
5) Any organization in which a person defined in subsection (1), (2) or (3)
of this section, is an officer, director or employee, whether
compensated or not; and
6) Any organization in which a person defined in subsection (1), (2) or (3)
of this section, is to participate in the management or operation of a
raffle, as defined in this article.
Sec. 4-470. License application approval/denial; Term.
If the application and related investigations and evaluations demonstrate
compliance with this article, the Village President shall approve the application 14
8
and cause the Village Clerk to issue a raffle license to the applicant. If the
application and related investigation and evaluations fail to demonstrate
compliance with this article, the license application shall be denied by the Village
President.
A Class A license (General Raffle License) shall be valid for a period of
ninety (90) consecutive days from its date of issuance, unless previously
surrendered or revoked. A Class B license (Annual Raffle License) shall be valid
for (1) year from its date of issuance, unless previously surrendered or revoked.
In no event shall the term of a Class A license or a Class B license be extended.
No license/permit shall be issued until all information and documentation required
is provided and all fees due from the applicant are paid in full.
A raffle license shall contain the following information:
1) The name of the licensee;
2) The date of issuance and the expiration date;
3) The area(s) in which the raffle chances will be sold or issued;
4) The period of time during which raffle chances will be sold or issued;
and
5) The date, time and location on or at which the winning chances will be
determined.
All licenses issued pursuant to this article shall be prominently displayed
at the time and location of the determination of the winning chances.
Sec. 4-471. Licensing fees.
A license fee of Fifty Dollars ($50.00) shall be paid to the Village upon
issuance of a Class A license. A license fee of One Hundred Dollars ($100.00)
shall be paid to the Village upon issuance of a Class B license. Such license fee
is non-refundable even upon cancellation of the raffle for any reason.
Sec. 4-472. Transfer of license.
A raffle license is purely a personal privilege, valid for the term set forth on
the license, unless previously suspended or revoked. The license shall not
constitute property, shall be non-transferrable and inalienable, and shall not be
subject to attachment, garnishment, execution, or being encumbered or
hypothecated.
15
9
Sec. 4-473. Conduct of raffles.
The operation and conduct of raffles are subject to the following
restrictions:
1) The entire net proceeds of any raffle must be exclusively devoted to the
lawful purpose of the licensee.
2) No person, except a bona fide member of the licensee, may participate in
the management or operation of the raffle.
3) No person may receive remuneration or profit for participating in the
management or operation of the raffle.
4) A licensee may lease a premise in which to determine the winning
chance(s) in a raffle only from an organization also licensed under this
article.
5) Raffle chances may be sold, offered for sale, conveyed, issued or
otherwise transferred for value only within the area(s) specified in the
license; and the winning chance(s) may be determined only at the location
specified in the license.
6) No person under the age of eighteen (18) years may participate in the
raffle or purchase chances. A person under the age of eighteen (18)
years may be within the area where winning chances are being
determined only when accompanied by his/her parent or legal guardian.
7) The aggregate retail value of all prizes awarded in a single raffle shall not
exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) and
the retail value of any one prize awarded in a single raffle shall not exceed
Two Million Five Hundred Thousand Dollars ($2,500,000.00).
8) The maximum price which may be charged for each raffle chance sold,
offered for sale, conveyed, issued or otherwise transferred for value shall
not exceed One Thousand Dollars ($1,000.00).
Sec. 4-474. Raffles manager – Fidelity bond.
The operation and conduct of a raffle shall be under the supervision of at
least one raffle manager designated by the licensee. The manager(s) shall remit
a fidelity bond equal to the amount of the aggregate retail value of all prizes to be
awarded, and the bond shall be conditioned upon honesty in the performance of
the raffle manager(s) duties. The terms of the bond shall provide that written
notice be given to the Village not less than thirty (30) days prior to its
cancellation.
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Sec. 4-475. Records to be kept.
1) Each licensee shall keep records of its gross receipts, expenses, the
names and addresses of prize winners, and net proceeds for each raffle
event at which winning chances are determined. Records of all
deductions or other records indicating the amount, a description of the
purchased item or service or other reason for the deduction and the
recipient shall also be retained. The distribution of net proceeds shall be
itemized as to payee, purpose, amount and date of payment.
2) Each licensee shall file its records and report with the Village Clerk within
thirty (30) days following the conclusion of the raffle.
3) Gross receipts from the operation of raffles shall be segregated from other
revenues of the licensee, including bingo gross receipts, if bingo games
are also conducted by the same organization pursuant to license therefore
issued by the Department of Revenue of the State of Illinois, and placed in
a separate account. Each licensee shall keep separate records of its
raffles. The person who accounts for gross receipts, expenses, and net
proceeds from the operation of raffles shall not be the same person who
accounts for the other revenues of the licensee.
4) Each licensee shall report to its membership and to the Village its gross
receipts, expenses and net proceeds from the raffle and the distribution of
net proceeds itemized as required herein. If a license is valid for more
than thirty (30) days, the report shall be made monthly.
5) Raffle records shall be preserved by each licensee for three (3) years, and
organizations shall make their records available relating to the operation of
raffles for public inspection at a reasonable time and place.
Sec. 4-476. Suspension or revocation of license.
A license may be suspended or revoked for failure to comply with any
provision of this article or other provisions of Village Code. Upon suspension or
revocation of a license, the licensee shall immediately cease all raffle operations
and return to the Village Clerk the previously issued license.
Sec. 4-477. Legal and tax compliance.
All raffle licensees shall comply with all applicable laws and regulations
pertaining to the conduct of raffles and the collection payment of and accounting
for raffle prizes and proceeds, including but not limited to all applicable State and
Federal income tax laws and regulations.
17
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Sec. 4-478. Applicability of other laws.
All provisions, including the words and phrases of the Raffle and Poker
Runs Act, 230 ILCS 15/0.01, and rules and regulations issued by the State of
Illinois pertaining to raffles, as the same may be amended from time to time, not
inconsistent with this article, are hereby incorporated into and declared to be a
part of this article as if expressly set forth herein. Nothing in this article shall
excuse or release any person from compliance with any other requirements of
Village Code, or applicable county and/or State code, statute, ordinance,
regulation or rule.
Sec. 4-479. Penalty.
Failure to comply with any of the requirement of this article shall constitute
a violation and any person shall, upon conviction thereof, be fined not less than
Seventy-Five Dollars ($75.00) but not more than Seven Hundred and Fifty
Dollars ($750.00) for each offense. Each day in which a violation continues shall
be considered a separate offense.
(Ord. 2017 - ; eff. –2017)
SECTION FOUR. That any Village Ordinance or Resolution, or part
thereof, in conflict with the provisions of this Ordinance is, to the extent of such
conflict, expressly repealed.
SECTION FIVE. If any section, paragraph, sentence, clause, phrase or
provision of this Ordinance is held invalid or unconstitutional by a court of
competent jurisdiction, such provision shall be stricken and shall not affect any
other provision of this Ordinance, which shall remain in full force and effect.
SECTION SIX. This Ordinance shall be in full force and effect after its
passage, approval, and publication in pamphlet form as provided by law.
18
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SECTION SEVEN. This Ordinance shall be numbered as Ordinance No.
_____.
PASSED the ____day of _____________, 2017.
AYES:
NAYS:
ABSENT:
APPROVED this _____ day of ______________, 2017.
________________________
Michael Collins
Village President
ATTESTED AND FILED IN MY OFFICE:
________________________________
Michelle Gibas
Village Clerk
19
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EXHIBIT A
Sec. 4-465. Definitions.
Unless the context otherwise requires, the following words, terms and
phrases, when used in this article, shall have the meanings ascribed to them in
this section and shall be construed according to the definitions given below.
Business.A voluntary organization comprised of individuals and/or businesses
who have joined together to advance the commercial, financial, industrial and
civic interests of the community.
Charitable organization. An organization or institution organized and operated to
benefit an indefinite number of the public. The service rendered to those eligible
for benefits must also confer some benefit upon the public.
Educational organization. An organization or institution organized and operated
to provide systematic instruction in useful branches of learning by methods
common to schools and institutions of learning which compare favorably in their
scope and intensity with the course of study presented in tax-supported schools.
Fraternal organization. An organization of persons having a common interest,
the primary interest of which is to promote the welfare of its members and to
provide assistance to the general public, in such a way as to lessen the burdens
of government by caring for those who otherwise would be cared for by the
government.
Labor organization. An organization comprised of workers organized with the
objective of betterment of the conditions of those engaged in such pursuit and
the development of a higher degree of efficiency in their respective occupations.
Law enforcement agency. An agency of the State of Illinois or unit of local
government, vested by law or ordinance, with the duty to maintain public order
and to enforce criminal laws or ordinances.
Licensee.A person issued a license to operate a raffle pursuant to this article.
Net proceeds. The gross receipts from the conduct of raffles, less reasonable
sums expended for prizes, license fees and other reasonable operating
expenses incurred as a result of operating a raffle.
Non-profit. An organization or institution organized and conducted on a not-for-
profit basis with no personal profit insuring to anyone as a result of the operation.
20
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Person. An individual, firm, association, charitable organization, educational
organization, fraternal organization, labor organization, law enforcement agency,
veterans organization, public or private corporation or partnership.
Prize(s). A tangible good or service, and/or U.S. currency.
Raffle. A form of lottery, as defined in 720 ILCS 5/28-2(b), conducted by an
organization licensed under this article in which:
1) The player pays or agrees to pay something of value for the chance
represented and differentiated by a number or by a combination of
numbers or by some other medium, one or more of which chances is
to be designated the winning chance; and
2) The winning chance is to be determined through a drawing or by some
other method based on an element of chance by an act or set of acts
on the part of persons conducting or connected with the lottery except
that the winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
Raffle Administrator(s). The Village President or his/her designee.
Raffle event. An event at which a minimum of one (1) raffle is conducted by a
person holding a raffle license pursuant to the provisions of this article.
Religious organization. A church, congregation, society or organization founded
for the purpose of religious worship.
Veteran’s organization. An organization or association comprised of members of
whom substantially all are veterans, or spouses, widows or widowers of veterans,
the primary purpose of which is to promote the welfare of its members and to
provide assistance to the general public in such a way as to confer a public
benefit.
Sec. 4-466. License required.
It shall be unlawful for any person to conduct or operate a raffle, or to sell,
offer for sale, convey, issue or otherwise transfer for value a chance on a raffle,
unless conducted pursuant to a license duly issued by the Village and in
accordance with this article. Such license, when issued, is effective only for the
areas within the corporate limits of the Village. Notwithstanding the foregoing,
political committees licensed to conduct a raffle from the State Board of Elections
shall be exempt from any provisions of this article, and shall be permitted to
engage in such activities permitted by the terms of any such license so issued.
Nothing in this article shall be construed to authorize the conducting or
operating of any gambling scheme, enterprise, activity or device, other than
raffles, as provided herein.21
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Sec. 4-467. Classification of licenses.
Any person conducting or operating a raffle, or selling, offering for sale,
conveying, issuing or otherwise transferring for value, a chance on a raffle in the
Village, must first obtain the appropriate license duly issued by the Village in
accordance with this article. No license shall be issued unless the applicant has
met all qualifications for the requested license. Licenses issued pursuant to this
article shall be divided into the following classifications:
1) Class A: General Raffle License. A General Raffle License shall permit a
licensee to conduct an individual raffle, as defined herein, which may
include multiple drawings to award prize(s). All drawings must occur on
the same day and at the same location and within the confines of the
same raffle event. A General Raffle License shall permit chances to be
issued or sold for a period not to exceed ninety (90) consecutive calendar
days from date the General Raffle License is issued.
2) Class B: Annual Raffle License. An Annual Raffle License shall permit a
licensee the authority to regularly conduct raffles, as defined herein, within
a twelve (12) consecutive calendar month period, which may include
multiple drawings to award prize(s). An Annual Raffle License shall permit
a licensee to hold no more than fifty-two (52) raffle events, and allow
chances to be issued or sold, for a period not to exceed twelve (12)
consecutive calendar months from the date the Annual Raffle License is
issued.
Sec. 4-468. Raffle license application submission; Application fee
Any person seeking to conduct or operate a raffle shall file a written
application therefore with the Village Clerk on forms provided by the Village.
Only completed and fully executed applications will be accepted by the Village
Clerk. When application for a raffle license is filed, the application shall be
accompanied by an application fee of Twenty-Five Dollars ($25.00), which
application fee is non-refundable even if the application is denied for any reason.
The Village shall act on a license application within thirty (30) days of receipt of
the completed application.
Submitted applications shall include information and/or documentation
required pursuant to the Illinois Raffles and Poker Runs Act, 230 ILCS 15/0.01 et
seq., consisting of, but not limited to, the following:
1) The name, address and type of organization;
2) The length of existence of the organization and, if incorporated, the
date and state of incorporation;
3) The name, address and telephone number of the organization’s 22
16
presiding officer, secretary, raffles manager and any other members
responsible for the conduct and operation of the raffle;
4) The aggregate retail value of all prizes to be awarded in the raffle;
5) The maximum retail value of each prize to be awarded in the raffle;
6) The maximum price charged for each raffle chance issued or sold;
7) The maximum number of raffle chances to be issued;
8) The area(s) in which raffle chances will be sold or issued;
9) The time period during which raffle chances will be issued or sold;
10) The date, time and location at which winning chances will be
determined;
11) When applicable, a sworn statement attesting to the not-for-profit
character of the applicant organization, signed by its presiding officer
and secretary;
12) A certificate signed by the applicant or an authorized representative of
the applicant, attesting to the fact that the information contained in the
application is true and correct;
13) A fidelity bond in an amount equal to the aggregate retail value of all
prizes to be awarded;
14) A statement signed by the applicant and proposed raffles manager of
the applicant, consenting to a criminal background check of the
officers, directors and proposed raffles manager(s) of the organization,
to determine eligibility for licensure in accordance with this article, and
consenting to provide any additional information as may be necessary
for processing of a criminal background check; and
15) A statement signed by the applicant or an authorized representative of
the applicant, and the proposed raffles manager, consenting to
reimburse the Village for any police service at the location where the
raffle is to be held, as deemed necessary in the sole discretion of the
Village’s Chief of Police.
Sec. 4-469. Licensee qualifications.
Raffle licenses shall be issued only to bona fide religious, charitable, labor,
business, fraternal, educational and veteran’s organizations, that operate without
profit to their members, and which have been in existence continuously for a 23
17
period of five (5) years immediately preceding making application for a license
and which have had, during that entire five (5) year period, a bona fide
membership engaged in carrying out their objectives, or to a law enforcement
agency, or to a nonprofit fundraising organization, determined by the Village to
be organized for the sole purpose of providing financial assistance to an
identified individual or group of individuals suffering extreme financial hardship as
the result of an illness, disability, accident or disaster. The following are ineligible
for a raffle license:
1) A person convicted of a felony;
2) A person who is or has been a professional gambler or gambling
promoter;
3) A person who is not of good moral character;
4) Any organization in which a person defined is subsection (1), (2) or (3)
of this section, has a proprietary, equitable, or credit interest or in
which such person is active or employed;
5) Any organization in which a person defined in subsection (1), (2) or (3)
of this section, is an officer, director or employee, whether
compensated or not; and
6) Any organization in which a person defined in subsection (1), (2) or (3)
of this section, is to participate in the management or operation of a
raffle, as defined in this article.
Sec. 4-470. License application approval/denial; Term.
If the application and related investigations and evaluations demonstrate
compliance with this article, the Village President shall approve the application
and cause the Village Clerk to issue a raffle license to the applicant. If the
application and related investigation and evaluations fail to demonstrate
compliance with this article, the license application shall be denied by the Village
President.
A Class A license (General Raffle License) shall be valid for a period of
ninety (90) consecutive days from its date of issuance, unless previously
surrendered or revoked. A Class B license (Annual Raffle License) shall be valid
for (1) year from its date of issuance, unless previously surrendered or revoked.
In no event shall the term of a Class A license or a Class B license be extended.
No license/permit shall be issued until all information and documentation required
is provided and all fees due from the applicant are paid in full.
A raffle license shall contain the following information:
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1) The name of the licensee;
2) The date of issuance and the expiration date;
3) The area(s) in which the raffle chances will be sold or issued;
4) The period of time during which raffle chances will be sold or issued;
and
5) The date, time and location on or at which the winning chances will be
determined.
All licenses issued pursuant to this article shall be prominently displayed
at the time and location of the determination of the winning chances.
Sec. 4-471. Licensing fees.
A license fee of Fifty Dollars ($50.00) shall be paid to the Village upon
issuance of a Class A license. A license fee of One Hundred Dollars ($100.00)
shall be paid to the Village upon issuance of a Class B license. Such license fee
is non-refundable even upon cancellation of the raffle for any reason.
Sec. 4-472. Transfer of license.
A raffle license is purely a personal privilege, valid for the term set forth on
the license, unless previously suspended or revoked. The license shall not
constitute property, shall be non-transferrable and inalienable, and shall not be
subject to attachment, garnishment, execution, or being encumbered or
hypothecated.
Sec. 4-473. Conduct of raffles.
The operation and conduct of raffles are subject to the following restrictions:
1) The entire net proceeds of any raffle must be exclusively devoted to the
lawful purpose of the licensee.
2) No person, except a bona fide member of the licensee, may participate in
the management or operation of the raffle.
3) No person may receive remuneration or profit for participating in the
management or operation of the raffle.
4) A licensee may lease a premise in which to determine the winning
chance(s) in a raffle only from an organization also licensed under this
article.
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5) Raffle chances may be sold, offered for sale, conveyed, issued or
otherwise transferred for value only within the area(s) specified in the
license; and the winning chance(s) may be determined only at the location
specified in the license.
6) No person under the age of eighteen (18) years may participate in the
raffle or purchase chances. A person under the age of eighteen (18)
years may be within the area where winning chances are being
determined only when accompanied by his/her parent or legal guardian.
7) The aggregate retail value of all prizes awarded in a single raffle shall not
exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) and
the retail value of any one prize awarded in a single raffle shall not exceed
Two Million Five Hundred Thousand Dollars ($2,500,000.00).
8) The maximum price which may be charged for each raffle chance sold,
offered for sale, conveyed, issued or otherwise transferred for value shall
not exceed One Thousand Dollars ($1,000.00).
Sec. 4-474. Raffles manager – Fidelity bond.
The operation and conduct of a raffle shall be under the supervision of at
least one raffle manager designated by the licensee. The manager(s) shall remit
a fidelity bond equal to the amount of the aggregate retail value of all prizes to be
awarded, and the bond shall be conditioned upon honesty in the performance of
the raffle manager(s) duties. The terms of the bond shall provide that written
notice be given to the Village not less than thirty (30) days prior to its
cancellation.
Sec. 4-475. Records to be kept.
1) Each licensee shall keep records of its gross receipts, expenses, the
names and addresses of prize winners, and net proceeds for each
raffle event at which winning chances are determined. Records of all
deductions or other records indicating the amount, a description of the
purchased item or service or other reason for the deduction and the
recipient shall also be retained. The distribution of net proceeds shall
be itemized as to payee, purpose, amount and date of payment.
2) Each licensee shall file its records and report with the Village Clerk
within thirty (30) days following the conclusion of the raffle.
3) Gross receipts from the operation of raffles shall be segregated from
other revenues of the licensee, including bingo gross receipts, if bingo
games are also conducted by the same organization pursuant to
license therefore issued by the Department of Revenue of the State of
Illinois, and placed in a separate account. Each licensee shall keep 26
20
separate records of its raffles. The person who accounts for gross
receipts, expenses, and net proceeds from the operation of raffles shall
not be the same person who accounts for the other revenues of the
licensee.
4) Each licensee shall report to its membership and to the Village its
gross receipts, expenses and net proceeds from the raffle and the
distribution of net proceeds itemized as required herein. If a license is
valid for more than thirty (30) days, the report shall be made monthly.
5) Raffle records shall be preserved by each licensee for three (3) years,
and organizations shall make their records available relating to the
operation of raffles for public inspection at a reasonable time and
place.
Sec. 4-476. Suspension or revocation of license.
A license may be suspended or revoked for failure to comply with any
provision of this article or other provisions of Village Code. Upon suspension or
revocation of a license, the licensee shall immediately cease all raffle operations
and return to the Village Clerk the previously issued license.
Sec. 4-477. Legal and tax compliance.
All raffle licensees shall comply with all applicable laws and regulations
pertaining to the conduct of raffles and the collection payment of and accounting
for raffle prizes and proceeds, including but not limited to all applicable State and
Federal income tax laws and regulations.
Sec. 4-478. Applicability of other laws.
All provisions, including the words and phrases of the Raffle and Poker
Runs Act, 230 ILCS 15/0.01, and rules and regulations issued by the State of
Illinois pertaining to raffles, as the same may be amended from time to time, not
inconsistent with this article, are hereby incorporated into and declared to be a
part of this article as if expressly set forth herein. Nothing in this article shall
excuse or release any person from compliance with any other requirements of
Village Code, or applicable county and/or State code, statute, ordinance,
regulation or rule.
Sec. 4-479. Penalty.
Failure to comply with any of the requirement of this article shall constitute
a violation and any person shall, upon conviction thereof, be fined not less than
Seventy-Five Dollars ($75.00) but not more than Seven Hundred and Fifty
Dollars ($750.00) for each offense. Each day in which a violation continues shall
be considered a separate offense. (Ord. 2017 - ; eff. –2017)27
1
VILLAGE OF PLAINFIELD
ORDINANCE NO. 2017- ______
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II
OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Amending the Chapter and Articles
Regulating the Sale and Consumption of Alcoholic Liquors
ADOPTED BY THE
PRESIDENT AND BOARD
OF TRUSTEES OF THE
VILLAGE OF PLAINFIELD
THIS ___ DAY OF ____________, 2017
Published in pamphlet form by
the authority of the President
and Board of Trustees of the
Village of Plainfield, Will and
Kendall Counties, Illinois,
this ___ day of __________, 2017.
28
2
ORDINANCE NO. 2017 - _____
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II
OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Amending the Chapter and Articles Regulating the Sale and
Consumption of Alcoholic Liquors
WHEREAS, the Village of Plainfield ("Village"), Will County, Illinois, as a home
rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the
State of Illinois of 1970, is enacting this Ordinance pursuant to its home rule authority;
and
WHEREAS, pursuant to the laws of the State of Illinois, the Village has the
authority to regulate licensing for the sale of alcoholic beverages, including licensees’
permitted activities on the licensed premises; and
WHEREAS, the Village President and the Village Board of Trustees (“Village
Board”) have determined that, in the interest of promoting the health, safety and welfare
of the Village, it is necessary and desirable to amend the Village's Code of Ordinances
to further comprehensively regulate licensees’ activities on the licensed premises.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES,
ILLINOIS, as follows:
SECTION ONE. That the Preamble to this Ordinance and Exhibits are adopted
by this reference as if fully set forth herein.
SECTION TWO. That Chapter 4, Article II, Sections 4-15 and 4-37(b),
respectively entitled “Definitions” and “Prohibited conduct; licensees conduct (Gambling;
29
3
Pool tables)” be and hereby is amended to include the follows additions, as set forth
below. The amended text with document markings is attached hereto as Exhibit "A".
Additions to the Code are double underlined.
SECTION THREE.
Section 4-15. Definitions.
Unless the context otherwise requires, the following terms used in this article
shall be construed according to the definitions given below:
---------------
Distributors. Any person licensed by the Illinois Gaming Board to buy, sell, lease and/or
distribute video gaming terminals and/or redemption machines.
Licensed establishment. Any establishment licensed to sell liquor at retail pursuant to
this article, and licensed by the Illinois Gaming Board to operate a video gaming
terminal(s) on its premises.
Video gaming terminal. Any electronic video game machine, authorized by the Illinois
Gaming Board, that upon insertion of cash, is available to play or simulate the play of a
video game, including but not limited to video poker, line up and blackjack, utilizing a
video display and microprocessors in which the player may receive free games or
credits that can be redeemed for cash. The term “video gaming terminal” does not
include a machine that directly dispenses coins, cash or tokens or is for amusement
purposes only.
----------------
Sec. 4-37. Prohibited conduct; licensees conduct.
----------------
(b) Gambling; Pool tables; Licensed video gaming exemption.
It shall be unlawful for a licensee to permit gambling on any licensed premises or
to permit more than three (3) pool tables on a licensed premises at any time.
Notwithstanding the foregoing, a video gaming terminal having a valid video
gaming terminal permit sticker, and operated by a licensee having a valid Village
liquor license, a valid Village video gaming establishment license and a valid State
video gaming license, shall be permitted. To operate a video gaming terminal, the
licensed establishment must:
30
4
(a) Obtain an annual video gaming establishment license from the Village by
submitting a written application, on forms provided by the Village, to the local
liquor control commissioner, or his designee. Only completed and fully
executed applications will be accepted. The completed application must be
accompanied by a non-refundable application fee of Five Hundred Dollars
($500.00) each year application is made for an annual video gaming
establishment license. The licensee is required to demonstrate its suitability
for licensure. All annual video gaming establishment licenses issued by the
Village shall expire June 30th, next, after the date of issuance, unless
previously surrendered or revoked, and shall not constitute property, nor shall
it be subject to attachment, garnishment, or execution, alienable or
transferable (voluntarily or involuntarily), or subject to be being encumbered.
(b) Obtain an annual video gaming terminal permit sticker from the Village for
each video gaming terminal located on its licensed premises by submitting a
written application on forms provided by the Village, to the local liquor control
commissioner or his designee. Only completed and fully executed
applications will be accepted. The applicant shall pay the Village an annual
non-refundable fee of Three Hundred Dollars ($300.00) for each annual video
gaming terminal permit sticker. Each video gaming terminal permit sticker
issued by the Village shall expire on June 30th, next, after the date of
issuance, unless previously surrendered or revoked.
(c) Pay to the Village an annual non-refundable fee of Fifty Dollars ($50.00) for
each redemption machine located at the licensed establishment.
(d) Register its distributor with the Village and cause the distributor to pay to the
Village a non-refundable annual license fee of One Thousand Dollars
($1,000.00). Each distributor license issued by the Village shall expire on
June 30th, next, after the date of issuance, unless previously surrendered or
revoked.
(e) Follow all regulations applying to licensed establishments operating a video
gaming terminal(s) on its licensed premises including but not limited to the
following:
(1) A valid Village video gaming establishment license must be issued
pursuant to this article and must be displayed in a conspicuous place
at or near the principal entrance to the licensed establishment at all
times;
(2) A valid Village video gaming terminal permit sticker shall be displayed
at all times on each video gaming terminal;
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(3) Not more than five (5) video gaming terminals may be located on the
licensed establishment’s premises at any time;
(4) Other than having up to five (5) video gaming terminals with valid video
gaming terminal permit stickers, a licensed establishment is prohibited
from having, anywhere on its licensed premise, an electronic video
gaming machine that may be available to play or simulate the play of
poker, line up, blackjack, faro, roulette, craps, slots or any other card or
dice game or other game of chance, or that is similar to a gambling or
gaming device, even if solely for amusement purposes;
(5) All video gaming terminals must be located in an area restricted to
persons twenty-one (21) years of age of older, and the entrance to
such area must, at all times, be within the view of at least one (1)
employee who is twenty-one (21) years of age;
(6) No licensed establishment may cause or permit any person under the
age of twenty-one (21) years to use, play or operate a video gaming
terminal;
(7) No video gaming terminal may be played except during the legal hours
of operation for the licensed premises, as set forth in this article;
(8) The licensed establishment must fully comply with all other provisions
of Village Code, and any applicable federal and state laws and
regulations, including but not limited to, the Illinois Video Gaming Act,
230 ILCS 40/1 et seq., and all rules, regulations and restrictions
imposed by the Illinois Gaming Board, including licensure; and
(9) The licensed establishment must fully comply with any request by the
Village, for an inspection of the licensed premises. Such inspections
may be conducted at any time to ensure compliance with Village Code
and includes licensed establishments applying for a video gaming
establishment license or video gaming terminal permit sticker(s).
Video gaming licenses shall only be issued to eligible licensees holding a Class
A, F, G, H, I or M liquor license. No license or permit shall be issued until all information
and documentation required is provided, and all fees due are paid in full. The corporate
authorities shall determine, by ordinance, the number of video gaming licenses
available in each eligible liquor license classification. Neither the Village President nor
any other person or entity may issue a video gaming license in a number that is in
excess of the number authorized by the corporate authorities. A current schedule of the
authorized number of licenses available, categorized by liquor license classification,
shall be maintained by the Village.
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The licensee shall be responsible for the acts of its agents, servants and
employees in the operation of any licensed establishment. The Village President, or his
designee, may revoke, or suspend for a period not to exceed thirty (30) days, any video
gaming establishment license and any video gaming terminal permit sticker(s) issued by
the Village, or impose a fine on the licensee in an amount not more than One Thousand
Dollars ($1,000.00) per offense, if he determines that:
(1) The licensed establishment violated a provision(s) of this article, a law(s) of
the State, or other chapter, section or article of the Village Code; and/or
(2) The licensee knowingly furnished false or misleading information or withheld
relevant information on any application for a license required by this article,
or any investigation into such application.
No license shall be revoked or suspended, or fine imposed, except after a public
hearing before the Village President, with ten (10) days written notice to the licensed
establishment affording the establishment an opportunity to appear and defend. The
written notice shall identify the alleged violation(s). A licensee may, by written notice to
the Village President, waive its right to a public hearing. If a licensee desires a hearing
on the possible revocation, suspension or fine for an alleged violation of this article, a
written request for a hearing must be made within five (5) days of receipt of notice of the
revocation, suspension or fine. At such hearing, the licensee shall be given a
reasonable opportunity to present evidence and cross-examine witnesses.
Notwithstanding the foregoing, any licensed establishment that has its State or
local liquor license suspended or revoked or has a video gaming license suspended or
revoked, shall automatically, without a hearing before the Village President, have its
Village video gaming establishment license and all Village video gaming terminal permit
stickers revoked or suspended.
Every video gaming terminal that does not have a valid video gaming terminal
permit sticker or is otherwise unlawful shall be considered a gambling device subject to
seizure and shall be turned over to the Illinois Gaming Board, in accordance with its
regulations and applicable law, unless otherwise ordered by a Court of competent
jurisdiction.
SECTION FOUR. That any Village Ordinance or Resolution, or part thereof, in
conflict with the provisions of this Ordinance is, to the extent of such conflict, expressly
repealed.
SECTION FIVE. If any section, paragraph, sentence, clause, phrase or provision
of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction,
33
7
such provision shall be stricken and shall not affect any other provision of this
Ordinance, which shall remain in full force and effect.
SECTION SIX. This Ordinance shall be in full force and effect after its passage,
approval, and publication in pamphlet form as provided by law.
SECTION SEVEN. This Ordinance shall be numbered as Ordinance No. _____.
PASSED the ____day of ______________, 2017.
AYES:
NAYS:
ABSENT:
APPROVED this _____ day of _____________, 2017.
________________________
Michael Collins
Village President
ATTESTED AND FILED IN MY OFFICE:
________________________________
Michelle Gibas
Village Clerk
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EXHIBIT A
Section 4-15. Definitions.
Unless the context otherwise requires, the following terms used in this article
shall be construed according to the definitions given below:
---------------
Distributors. Any person licensed by the Illinois Gaming Board to buy, sell, lease and/or
distribute video gaming terminals and/or redemption machines.
Licensed establishment. Any establishment licensed to sell liquor at retail pursuant to
this article, and licensed by the Illinois Gaming Board to operate a video gaming
terminal(s) on its premises.
Video gaming terminal. Any electronic video game machine, authorized by the Illinois
Gaming Board, that upon insertion of cash, is available to play or simulate the play of a
video game, including but not limited to video poker, line up and blackjack, utilizing a
video display and microprocessors in which the player may receive free games or
credits that can be redeemed for cash. The term “video gaming terminal” does not
include a machine that directly dispenses coins, cash or tokens or is for amusement
purposes only.
----------------
Sec. 4-37. Prohibited conduct; licensees conduct.
----------------
(b) Gambling; Pool tables; Licensed video gaming exemption.
It shall be unlawful for a licensee to permit gambling on any licensed premises or
to permit more than three (3) pool tables on a licensed premises at any time.
Notwithstanding the foregoing, a video gaming terminal having a valid video
gaming terminal permit sticker, and operated by a licensee having a valid Village
liquor license, a valid Village video gaming establishment license and a valid State
video gaming license, shall be permitted. To operate a video gaming terminal, the
licensed establishment must:
(a) Obtain an annual video gaming establishment license from the Village by
submitting a written application, on forms provided by the Village, to the local
liquor control commissioner, or his designee. Only completed and fully
executed applications will be accepted. The completed application must be
accompanied by a non-refundable application fee of Five Hundred Dollars
35
9
($500.00) each year application is made for an annual video gaming
establishment license. The licensee is required to demonstrate its suitability
for licensure. All annual video gaming establishment licenses issued by the
Village shall expire June 30th, next, after the date of issuance, unless
previously surrendered or revoked, and shall not constitute property, nor shall
it be subject to attachment, garnishment, or execution, alienable or
transferable (voluntarily or involuntarily), or subject to be being encumbered.
(b) Obtain an annual video gaming terminal permit sticker from the Village for
each video gaming terminal located on its licensed premises by submitting a
written application on forms provided by the Village, to the local liquor control
commissioner or his designee. Only completed and fully executed
applications will be accepted. The applicant shall pay the Village an annual
non-refundable fee of Three Hundred Dollars ($300.00) for each annual video
gaming terminal permit sticker. Each video gaming terminal permit sticker
issued by the Village shall expire on June 30th, next, after the date of
issuance, unless previously surrendered or revoked.
(c) Pay to the Village an annual non-refundable fee of Fifty Dollars ($50.00) for
each redemption machine located at the licensed establishment.
(d) Register its distributor with the Village and cause the distributor to pay to the
Village a non-refundable annual license fee of One Thousand Dollars
($1,000.00). Each distributor license issued by the Village shall expire on
June 30th, next, after the date of issuance, unless previously surrendered or
revoked.
(e) Follow all regulations applying to licensed establishments operating a video
gaming terminal(s) on its licensed premises, including but not limited to the
following:
(1) A valid Village video gaming establishment license must be issued
pursuant to this article and must be displayed in a conspicuous place
at or near the principal entrance to the licensed establishment at all
times;
(2) A valid Village video gaming terminal permit sticker shall be displayed
at all times on each video gaming terminal;
(3) Not more than five (5) video gaming terminals may be located on the
licensed establishment’s premises at any time;
(4) Other than having up to five (5) video gaming terminals with valid video
gaming terminal permit stickers, a licensed establishment is prohibited
from having, anywhere on its licensed premise, an electronic video
gaming machine that may be available to play or simulate the play of
36
10
poker, line up, blackjack, faro, roulette, craps, slots or any other card or
dice game or other game of chance, or that is similar to a gambling or
gaming device, even if solely for amusement purposes;
(5) All video gaming terminals must be located in an area restricted to
persons twenty-one (21) years of age of older, and the entrance to
such area must, at all times, be within the view of at least one (1)
employee who is twenty-one (21) years of age;
(6) No licensed establishment may cause or permit any person under the
age of twenty-one (21) years to use, play or operate a video gaming
terminal;
(7) No video gaming terminal may be played except during the legal hours
of operation for the licensed premises, as set forth in this article;
(8) The licensed establishment must fully comply with all other provisions
of Village Code, and any applicable federal and state laws and
regulations, including but not limited to, the Illinois Video Gaming Act,
230 ILCS 40/1 et seq., and all rules, regulations and restrictions
imposed by the Illinois Gaming Board, including licensure; and
(9) The licensed establishment must fully comply with any request by the
Village, for an inspection of the licensed premises. Such inspections
may be conducted at any time to ensure compliance with Village Code
and includes licensed establishments applying for a video gaming
establishment license or video gaming terminal permit sticker(s).
Video gaming licenses shall only be issued to eligible licensees holding a Class
A, F, G, H, I or M liquor license. No license or permit shall be issued until all information
and documentation required is provided, and all fees due are paid in full. The corporate
authorities shall determine, by ordinance, the number of video gaming licenses
available in each eligible liquor license classification. Neither the Village President nor
any other person or entity may issue a video gaming license in a number that is in
excess of the number authorized by the corporate authorities. A current schedule of the
authorized number of licenses available, categorized by liquor license classification,
shall be maintained by the Village.
The licensee shall be responsible for the acts of its agents, servants and
employees in the operation of any licensed establishment. The Village President, or his
designee, may revoke, or suspend for a period not to exceed thirty (30) days, any video
gaming establishment license and any video gaming terminal permit sticker(s) issued by
the Village, or impose a fine on the licensee in an amount not more than One Thousand
Dollars ($1,000.00) per offense, if he determines that:
37
11
(1) The licensed establishment violated a provision(s) of this article, a law(s) of
the State, or other chapter, section or article of the Village Code; and/or
(2) The licensee knowingly furnished false or misleading information or withheld
relevant information on any application for a license required by this article,
or any investigation into such application.
No license shall be revoked or suspended, except after a public hearing before
the Village President with ten (10) days written notice to the licensed establishment
affording the establishment an opportunity to appear and defend. The written notice
shall identify the alleged violation(s). A licensee may, by written notice to the Village
President, waive its right to a public hearing. If a licensee desires a hearing on the
possible revocation, suspension or fine for an alleged violation of this article, a written
request for a hearing must be made within five (5) days of receipt of notice of the
revocation, suspension or fine. At such hearing, the licensee shall be given a
reasonable opportunity to present evidence and cross-examine witnesses.
Notwithstanding the foregoing, any licensed establishment that has its State or
local liquor license suspended or revoked or has a State video gaming license
suspended or revoked, shall automatically, without a hearing before the Village
President, have its Village video gaming establishment license and all Village video
gaming terminal permit stickers revoked or suspended.
Every video gaming terminal that does not have a valid video gaming terminal
permit sticker or is otherwise unlawful shall be considered a gambling device subject to
seizure and shall be turned over to the Illinois Gaming Board, in accordance with its
regulations and applicable law, unless otherwise ordered by a Court of competent
jurisdiction.
38
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41
TO: Mr. Brian Murphy
FROM: Mr. Christopher Coleman
RE: Lot 2 in Cedarlake Subdivision
Commonly known as 15 Acres on the west side of Cedarlake Subdivision on US Rte 30
DATE: 10/23/17
We believe the property located along US Route 30, approximately ¼ mile north of Lockport Street is ideally suited to
multifamily apartments.
The close proximity to the dining, shops, services and parks in the downtown create a highly desirable lifestyle
opportunity unique in the southwest suburbs. The location also provides easy access to employment centers
throughout the region.
The lack of new high end apartment homes, complete with the latest interior finishes and design elements, forces those
individuals and families seeking that type of residence to look to neighboring Villages when they would prefer to live in
Plainfield. Apartment living in amenitized communities is gaining popularity as demographics and lifestyles change.
Based on location, design and amenities, we anticipate strong demand from two primary renter segments; singles and
couples between the ages of 20 to 30 and singles and couples between 40 and 55. In the older segment there will be a
number of divorced singles who want to stay close to their children who spend most of their time with the custodial
parent in the marital home. We anticipate a limited number of full time families.
The community we propose is similar to Tapestry Naperville. The attached concept site plan shows a central community
center, complete with swimming pool, fitness room, cyber café, game room and business center and 288 dwelling units
spread through 8 buildings. The apartment buildings will be a three story walk-up design with integrated garage parking
for 4 to 6 cars, depending on the building size. Additionally, there will be surface parking and detached garage parking.
Primary access will be via US 30 with secondary access via Morgan Lane to the south and emergency only access to the
east. Final drive aisle widths and parking ratios will be revised subject to Village review and comment.
Concept architecture has not been finalized but will feature a mixture of materials, primarily siding with stone and/or
brick accents. Sample architecture with a similar look and feel is shown on the following page. Preliminary floorplan mix
is; 50% two bedroom, 30% one bedroom and 20% three bedroom. The one bedrooms would start at approximately
$1,300.00 per month, the two bedrooms at approximately $1,500.00 per month and the three bedrooms at
approximately $1,900.00 per month.
Any initial feedback you can provide would be appreciated.
42
Tapestry Naperville architecture
Springs on 127th architecture
Northgate architecture 43
DETENTION AREA
LINCOLN HWY - (WALLIN DRIVE)S. MORGAN LANER-3 TOWNHOUSE RESIDENTIAL DISTRICT(PATRIOT SQUARE UNIT ONE)R-3 TOWNHOUSE RESIDENTIAL DISTRICT(FAIRFIELD RIDGE SUBDIVISION)S. VAN DYKE ROAD
BUILDING A
52'
BUILDING B BUILDING C BUILDING D
BUILDING E BUILDING FBUILDING GBUILDING H
BUILDING I52'1010101022221414171714148177817141444451717171730'30'30'30'30'30'30'30'30'30'30'
20'
20'20'
20'
20'
30'
20'30'RESIDENTIALBUILDING (TYP.)80' TYP.180' TYP.SITE SUMMARYCURRENT ZONING:R-4 MULTIPLEFAMILYRESIDENTIALDISTRCTPROPOSED ZONING:PUDAREA:14.7± ACRESIDENTIAL:UNIT COUNT8 - BUILDINGS@36DU/BLDGTOTAL UNITS 288 UNITSBUILDING SUMMARYRESIDENTIAL BUILDINGS 8RECREATION BUILDINGS1TOTAL BUILDINGS 9PARKING SUMMARYGARAGE SPACES 48(6 SPACES / BLDG)STANDARD STALLS 414ADA STALLS10TOTAL STALLS 472CONCEPTUAL SITE PLAN14700 LINCOLN HIGHWAYPLAINFIELD, ILLINOISN09.18.2017Conceptual Site PlanSCALE : 1"=100' (11x17)170104C.1SCALE:1" = 150'3001500FT44