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HomeMy Public PortalAbout04-11-2022 COW Agenda and PacketCommittee of the Whole Workshop of the President and the Board of Trustees Monday, April 11, 2022 7:00 PM 24401 W. Lockport Street Plainfield, IL 60544 In the Boardroom Agenda A.CALL TO ORDER, ROLL CALL, PLEDGE B.APPROVAL OF THE MINUTES B.1.Approval of the Minutes of the Committee of the Whole Workshop held on March 28, 2022. 03-28-2022 COW Minutes C.PRESIDENTIAL COMMENTS D.TRUSTEES COMMENTS E.PUBLIC COMMENTS (3-5 minutes) F.WORKSHOP F.1.VICTIM SERVICES PROGRAM Seeking Board input on entering into a contract for Victims Services with the Association for Individual Development (AID). Victim Services Staff Report Packet F.2.VIDEO GAMING Seeking Board input on a draft ordinance regulating video gaming. Video Gaming Staff Report Packet REMINDERS - •April 13 Evening with the Mayor – 5:00 p.m. at the Village Hall •April 14 Historic Preservation Commission – 7:00 p.m. •April 18 Village Board Meeting – 7:00 p.m. •April 19 Plan Commission – 7:00 p.m. •April 25 Next Committee of the Whole Workshop – 7:00 p.m. 1 Committee of the Whole Workshop of the President and the Board of Trustees Page - 2 2 Minutes of the Committee of the Whole Workshop of the President and the Board of Trustees Held on March 28, 2022 In the Boardroom Mayor Argoudelis called the meeting to order at 7:00 p.m. Board Present: Mayor Argoudelis, Trustee Calkins, Trustee Larson, Trustee Ruane, Trustee Wojowski, and Trustee Benton. Board Absent: Trustee Kalkanis. Others Present: Joshua Blakemore, Village Administrator; Michelle Gibas, Village Clerk; Allen Persons, Public Works Director; Scott Threewitt, Assistant Public Works Director; Traci Pleckham, Management Services Director; Jon Proulx, Planning Director; Lonnie Spires, Building Official; Zach Zigterman, Police Commander; and Ken Ruggles, Police Commander. There were approximately 6 persons in the audience. Trustee Ruane moved to approve the Minutes of the Committee of the Whole Workshop and Executive Session held on March 14, 2022. Second by Trustee Calkins. Voice Vote. All in favor, 0 opposed. Motion carried. PRESIDENTIAL COMMENTS Mayor Argoudelis recognized the Girl Scout troop in attendance at the meeting. TRUSTEE COMMENTS Trustee Larson thanked the Girl Scouts for coming to the meeting, PUBLIC COMMENTS No Comments. WORKSHOP 1) ONYX AT RED FOX FARMS (CASE NUMBER 1908-012021.AA/REZ/SU/PP/SPR) Mr. Jon Proulx stated that the applicant is seeking support for a townhome development at the southwest corner of Route 126 and Drauden. The developer has submitted a revised plan based on the comments from the Village Board. Mr. Chris Coleman, Wingspan Development, gave a presentation highlighting the changes including reducing the number of units to 176, R-3 zoning rather than R-4 zoning, public dedicated streets, fee simple ownership, a tot lot, and removal of the club house. Trustee Ruane indicated that he liked the revised plan better and expressed concern regarding not having basements. Trustee Ruane suggested enhancing or curving the center. Trustee Benton also expressed concern with the lack of basements and thanked the developer for being responsive to previous direction. Trustee Larson stated she liked the revised plan better and expressed concern with the native prairie grass and access. Trustee Larson suggested including a splash pad at the tot lot. Trustee Wojowski indicated that he liked the revised plan better and expressed concern regarding access. Trustee Calkins did not support either plan. Mayor Argoudelis stated that he preferred the first plan. Mayor Argoudelis stated that he supported the native prairie grass area and suggested incorporating affordable housing. The applicant will continue working with staff. 3 Village of Plainfield Committee of the Whole Meeting Minutes – March 28, 2022 Page 2 2)2022 PLAINFIELD FEST Administrator Blakemore stated that the Village incurred $17,806 in costs for the 2021 Plainfield Fest. The Riverfront Foundation is requesting to pay the Village half of that amount. Staff is seeking direction from the Board regarding the Riverfront Foundation’s request to pay half of the 2021 fees and for financial considerations for the upcoming 2022 Plainfield Fest. Eric Marsaglia, the Riverfront Foundation, gave a brief update on the revenue and expenses of the 2021 Plainfield Fest. A general discussion ensued regarding the request to waive the fees and considerations for the fees for the upcoming 2022 Plainfield Fest. Mayor Argoudelis summarized the comments from the Village Board and stated that there is consensus to waive 50% of the fees for the 2021 Plainfield Fest. Mayor Argoudelis commented on the 2022 fees and suggested negotiating a percentage up to an agreed upon amount and to potentially revisit the fees once the actual costs and expenses are available. Mayor Argoudelis suggested that the Riverfront Foundation work with the staff to determine an amount and bring that back to the Board when the event is ready for Board approval. Mayor Argoudelis thanked staff and read the reminders. Trustee Ruane moved to adjourn. Second by Trustee Larson. Voice Vote. All in favor, 0 opposed. Motion carried. The meeting adjourned at 8:17 p.m. Michelle Gibas, Village Clerk 4 MEMORANDUM To: Mayor Argoudelis and Village Trustees From: John Konopek, Chief of Police Joshua Blakemore, Village Administrator Date: Monday, April 11th, 2022 Re: Association for Individual Development (AID) Over the last several years, police departments throughout the entire country have been tasked with the influx of mental health-related calls for service. Most of these assignments are non-criminal in nature and place police officers, who are not trained as psychologists or mental health experts, and villages in a difficult position. The police department has done a tremendous job of being proactive with providing our police officers with up-to-date and relevant training enabling our police officers the ability to handle some of the most complex assignments, including mental health-related calls for service. Currently, almost half of our officers have successfully completed the Crisis Intervention Team (CIT) training course, which is a forty (40) hour certification training course specialized in dealing with people with mental health crisis. Our police department’s strategic plan and intent is to certify all sworn officers in the police department, which is a continual work in progress. To help address some of the mental health-related calls for service, Staff strongly believes in the consideration of hiring a therapist to complement what is already being done in the police department to better serve the residents of the Village of Plainfield as well as providing additional resources and training to the employees of the Village. The corroboration of police officers and mental health professionals is paramount in providing the best available resources to our residents resulting in the most favorable outcome. According to an article published by United States Department of Justice (Police-Mental Health Collaborations A Framework for Implementing Effective Law Enforcement Responses for People Who Have Mental Health Needs – April 2019), “Understanding a need for greater collaboration, many law enforcement and behavioral health agencies have begun taking important steps to improve responses to people who have mental health needs. These efforts have led to improvements in practices, such as providing mental health training to law enforcement workforces and including mental health, crisis intervention, and stabilization training as part of some states’ law enforcement training standards.” Through research and referrals from other police departments, Staff recommends considering the services of Association for Individual Development (AID). AID provides services 24/7/365 at an approximate cost of $15,000 annually. Those services include, but are not limited to, assisting victims of crimes, emotional support, facilitating referrals to counseling and support groups, mediating non- criminal disputes, and providing relevant and beneficial training to employees of the Village. Additionally, Staff recommends having a therapist on-site two days a week. The cost of such service is an additional $20,000 annually. The on-site therapist would be readily available to members of the Village for personal assistance, referrals, handle follow-up work assigned, and offer in-service training for all Village employees. 5 AID MISSION: To empower people with physical, developmental, intellectual and mental health challenges to enjoy lives of dignity and purpose AID VISION: Recognized leader providing best quality outcomes for individuals served in areas of housing, employment, community integration, health promotion, recovery and crisis prevention Empowering individuals for a better tomorrow since 1961 (630) 966 - 9393 To access Victim & Outreach Services, please call the AID Crisis Line of the Fox Valley: (630) 966-9393 and ask for Victim Services . For general inquiries about Victim Services, please call (630) 966-9393 and ask to speak to the Director of Victim Services. For all other questions, please e-mail: INFO@AIDCARES.ORG AID Victim Services are provided free of charge. Funding is provided through partnerships with local municipalities, non-profit organizations and community partners. Organized in 1961 by parents of 8 children with special needs, AID has grown to serve more than 6,500 children and adults with disabilities annually throughout the greater Fox Valley area. AID services include job training and employment, autism services, housing supports, counseling, health care services, psychiatric and crisis intervention services, and family and community supports. Operating in the greater Fox Valley area and other western suburban counties, AID is a leading provider of services that address the unique needs of individuals throughout every stage of their lives. In FY 2017, AID served 6,547 children and adults. AID currently operates 8 community day centers in Elgin, Aurora, Batavia and Yorkville, 15 mental health outpatient clinics throughout the Fox Valley, supports over 500 individuals living in their own apartments, and more than 200 individuals in 4 dozen group homes scattered throughout the greater Fox Valley. 6 FOR A COMPLETE LIST OF SERVICES, PLEASE VISIT AID ONLINE: VICTIM SERVICES WHAT IS VICTIM SERVICES? Association for Individual Development (AID) Victim Services provides emotional support, case management, referrals and other wrap around services to individuals who are victims of crime or trauma. Services are free of charge. Services are not limited to victims of crime or trauma. Individuals experiencing quality of life concerns (i.e. mental health crisis, domestic disturbances, neighbor disputes, or displacement due to fire) may also receive services. AID CAN HELP WITH: • Surviving and understanding the impact of the crime or trauma • Emotional Support • Connecting with local support groups, counseling and other services • Accessing local resources • Knowing what to say to children, family and friends • Learning your legal rights and options • Funerals and court preparations • Making a safety plan • Accessing victim’s compensation WHERE ARE SERVICES PROVIDED? Services are provided wherever they are needed; at the scene of the incident, at AID offices or another safe location. HOW ARE VICTIMS REFERRED? Individuals in need of Victim Services may be referred by law enforcement, local fire departments, hospital personnel, the judicial system, social service agencies and local businesses. AID strives to positively impact the quality of life in the community by assisting victims, survivors, families, neighborhoods and businesses who have experienced a crime or trauma. When a person experiences a traumatic event they may begin to experience emotional or physical reactions to the event. • Sometimes, these “emotional aftershocks,” or reactions may appear immediately after the event or days, weeks, or months later. • If you experience some of these reactions, try to remember that you are having a normal reaction to an abnormal event. • Stress reactions to an event may last a few days, a few weeks, or a few months. • If this happens it does not imply that someone is “crazy” or weak it simply means the traumatic event was too powerful for the person to manage on their own and professional support may be needed. • Possible “emotional aftershock” symptoms include but are not limited to nausea, headaches, sleep disturbances, slowed thinking, anxiety, depression, emotional outbursts and withdrawal. 7 Victims Services: Contract for Program Operation By and Between the Village of Plainfield______________ and the Association for Individual Development (AID) 1. Statement of Purpose: AID’s Victims Services Program employees will respond to victim’s psychological and emotional needs. This is achieved through crisis intervention, counseling, advocacy, education, information, referral for victims of crimes, individuals experiencing mental health concerns, witnesses, communities, or other incidents responded to by the Village of Plainfield. It is AID’s responsibility to properly train staff to meet the individual’s psychological and emotional needs. In addition to these primary responsibilities, the program aids police personnel following traumatic incidents by providing critical incident stress debriefings when requested. The overall mission is to positively impact the quality of life for the citizens of Plainfield by assisting victims/survivors, families/neighborhoods and Village employees. 2. Organization and Staffing: Program evaluation is done quarterly to ensure it is organized in such a way that it meets the changing needs of the Plainfield community. This evaluation may result in changes, over time, to redistribute resources to optimally address contemporary issues and conditions. AID shall give Plainfield reasonable notice prior to major redistribution of resources or termination of the program. Provided, however, the program shall not be terminated prior to the conclusion of the services period, MM/DD/YYYY. AID will be in charge of, and responsible for, all staff and responsible to ensure the program is staffed to adequately handle the needs in the Plainfield community. In addition, AID will provide an “on-site” Victims Services Case Manager for 16 hours per week. This Case Manager will optimally be the same individual and will be allowed to use the office space outside of the scheduled hours. 3. Utilization and Deployment: AID’s Victims Services Program will respond to requests for assistance from Village of Plainfield designated representatives. There shall be no limit to the number of requests. Types of assistance shall include, but are not limited to: on-scene crisis stabilization counseling, case management, follow –up services, judicial advocacy, linkage and referral to community resources, and critical incident mental health response. In addition, the division provides training and presentations to volunteers, police personnel and other internal and external organizations as requested. 4. Goals and Objectives: Program goals and performance measures are the responsibility of AID and are tallied on a quarterly basis. Periodic reports indicating progress are available by contacting the Program Director and will be made to the Village of Plainfield as required. AID program representatives will meet at least annually or upon request, with Police staff in order to discuss and evaluate the program. 5. Indemnification: To the fullest extent permitted by law, AID shall indemnify, defend and hold Plainfield, its employees and agents, harmless from and against all demands, claims, suits, liabilities and costs including reasonable attorney’s fees and litigation costs caused by or arising out of the negligent acts, errors or omissions, or willful misconduct of A.I.D., its employees, agents or subcontractors except to the extent, if any, that any such Claims results from the negligent acts, errors or omissions, or willful misconduct of Plainfield, its employees or agents. 8 6. Insurance and Limitation of Liability AID shall maintain insurance coverage as set forth below: Worker's Compensation – Statutory Employer's Liability - $1,000,000 per person/$1,000,000 per disease/$1,000,000 aggregate General Liability - $1,000,000 per Occurrence/$2,000,000 Aggregate Automotive Liability - $1,000,000 Professional Liability - $1,000,000 Umbrella-$2,000,000 excess of Employer’s Liability, General Liability, Auto Liability and Professional Liability Upon request, AID shall furnish copies of insurance certificates showing insurance coverage on its behalf in the amounts as set forth above, and further, showing that Plainfield is an additional insured on said policies. Said insurance coverage shall remain in full force and effect during the term of this Agreement. In consideration for the services to be provided, the Village of Plainfield shall pay the Association for Individual Development the sum of $ 35,000 to be invoiced in MM/YYYY, the remainder in MM/YYYY. Services shall begin MM/DD/YYYY and conclude on MM/DD/YYYY. Approval: _______________________________________ Date: _____________________ Executive Director, Association for Individual Development Approval: _______________________________________ Date: _____________________ Village Administrator, Village of __________ 9 MEMORANDUM To: Mayor Argoudelis and Trustees From: Joshua Blakemore Joan Meyers Date: April 6, 2022 Re: An Ordinance Regulating Video Gaming Background Findings I i I Initit h.iIi1fns 1• X1...1 1 1-IlmillE l'l' _1 111 VILLAGE OF PLAINFIELD Attached is a proposed Ordinance Regulating Video Gaming, permitting video gaming terminals in certain establishments licensed by the Village for the on -premise sale and consumption of alcohol. The proposed Ordinance is presented for the Board's consideration in a different form than previously presented. After further review of the Illinois Video Gaming Act and related rules and regulations of the Illinois Gaming Board, and in an effort to present a comprehensive proposed Ordinance, staff prepared a revised Video Gaming Ordinance separate from the Village's current Liquor Licensing Ordinance. This allows the Village to include additional substantive provisions without creating undue issues with the current Liquor Licensing Ordinance. The attached proposed Ordinance addresses the Board's previous concerns regarding video gaming, including but not limited to, application and eligibility requirements, preclusion of video cafes and accountability. Policy Considerations The Illinois Video Gaming Act, (230 ILCS 40/1 et seq.), regulates the operation, licensing and administration of video gaming in the State, and authorizes the Village to regulate video gaming within its corporate limits. The Illinois Liquor Control Act of 1934, (235 ILCS 5/4-1 et seq.), grants the Village authority to regulate local licenses for the sale and on -premise consumption of alcoholic liquor. The Illinois Municipal Code, (625 ILCS 5/1-2-1, et seq.), grants authority to municipalities to adopt ordinances not inconsistent with the criminal laws of the State, and to regulate matters within the authorized powers of the municipality. Financial Considerations Financial considerations are limited to the tax revenue generated from net terminal income. Recommendation The proposed Ordinance is presented to the Village Board for review and consideration. 10 Attached for the Board's review and consideration are the following: Draft Ordinance Regulating Video Gaming 4 maps showing the 100 -foot buffer — This appears to only be an issue in the Downtown —Tortilla Flatz and Backroads were both in their current locations before the church in that area, therefore both establishments would still be eligible for a gaming license. (There is no ability to waive the 100 -foot requirement) Spreadsheet showing revenue from video gaming terminals in neighboring municipalities Report from the Police Department on issues with gaming terminal locations — overall the impact to most Police Department's appears to have been very minimal 11 VILLAGE OF PLAINFIELD ORDINANCE NO. 2022 - AN ORDINANCE ENACTING CHAPTER 4, ARTICLE IX OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Regulating Video Gaming ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD THIS DAY OF 2022. 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 2022. 12 ORDINANCE NO. 2022 - AN ORDINANCE ENACTING CHAPTER 4, ARTICLE IX OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Regulating Video Gaming WHEREAS, pursuant to the laws of the State of Illinois, the Village of Plainfield Village") has the authority to adopt ordinances and promulgate rules and regulations that pertain to its government and affairs and protect the public health, safety and welfare of its citizens; and WHEREAS, the Illinois Video Gaming Act, (230 ILCS 40/1 et seq.) (the "Video Gaming Act"), regulates the operation, licensing and administration of video gaming in the State of Illinois; and WHEREAS, the Video Gaming Act authorizes the Village to prohibit video gaming within its corporate limits, and implied within such authorization is the authority to limit, license and regulate video gaming within the Village, provided such reasonable regulation does not conflict with the Video Gaming Act and/or other applicable laws; and WHEREAS, the Village is authorized pursuant to the Illinois Liquor Control Act of 1934, (235 ILCS 5/4-1 et seq.), to establish regulations and restrictions upon the issuance of and operations under local licenses for the sale at retail of alcoholic liquor, not inconsistent with the Illinois Liquor Control Act, as the public good and convenience may require; and WHEREAS, the Village is authorized by the Illinois Municipal Code, (65 ILCS 5/11-5-1 et seq.), to restrict gaming and gambling houses; and 13 WHEREAS, the Village has determined it necessary and in the best interest of the Village to permit video gaming and to regulate, consistent with the Video Gaming Act and all related rules, regulations and restrictions promulgated by the Gaming Board, the location and operation of video gaming terminals within the Village, in the interest of protecting the health, safety and welfare of the residents and the regulatory operations of the Village; and 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 facts and statements contained in the Preamble to this Ordinance are found to be true and correct and are hereby adopted by this reference as if fully set forth herein. SECTION TWO. That Chapter 4, Article IX of the Village's Code of Ordinances the "Village Code"), entitled "Video Gaming", be and hereby is enacted as set forth in Section Three below. The text enacting this Article of the Village Code with document markings is attached hereto as Exhibit "A". Additions to the Village Code are double underlined. SECTION THREE. Section 4-488. Definitions. Unless the context otherwise requires, the following terms used in this Article shall be construed according to the definitions given below: Applicant. A person submitting a completed application to obtain a video gaming license and terminal permit sticker(s) from the Village. Distributor. Any individual, partnership, corporation or limited liability company licensed under the Video Gaming Act to buy, sell, lease or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators. 14 Gaming Board. The Illinois Gaming Board. Licensee. Any person issued a video gaming license and terminal permit sticker(s) pursuant to this Article. Licensed establishment. Any licensed retail establishment where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the licensed premises and the primary purpose of the establishment is the sale of food and alcohol for consumption on the premises, to include any liquor licensee licensed by the State and the Village to have or operate a video gaming terminal(s) in the Village pursuant to Village Code, State law(s) and all applicable regulations promulgated under the Video Gaming Act by the Gaming Board. A licensed establishment shall include any licensed fraternal establishment or licensed veteran's establishment, as those terms are defined in the Video Gaming Act. A licensed establishment shall not include a licensed truck stop establishment, licensed large truck stop establishment, as those terms are defined in the Video Gaming Act, or any person or establishment licensed pursuant to Village Code to sell alcoholic liquor at retail for consumption solely off the licensed premises, or on the licensed premises at a package store, gas station and/or convenience/grocery store. Liquor Control Act. The Liquor Control Act of 1934, as amended, (235 ILCS 5/6-1 et seq.). Person. Any owner, lessee, manager, officer, agent or representative in any capacity who operates or permits to be operated a licensed establishment. Place of worship. A building where people gather to worship, such as a church, synagogue or mosque. School. Educational institutions, including preschools and daycare centers, but not including undergraduate or post graduate colleges or universities that have a formal and recognized academic curriculum. State. The State of Illinois. Terminal permit sticker. An annual permit sticker(s) issued by the Village for each individual video gaming terminal located at a licensed establishment. Video gaming. The ownership, placement, maintenance, operation or use of a video gaming terminal(s). Video Gaming Act. The Illinois Video Gaming Act, as amended, (230 ILCS 40/1, et seq.). 15 Video gaming license. An annual license issued by the Village permitting an establishment to install, maintain and operate a video gaming terminal(s), subject to the provisions of this Article. Video gaming terminal. Any electronic video game machine, authorized by the 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. Village Code. The Village of Plainfield's Code of Ordinances. Ord. No. , § , ) Section 4-489. Video gaming permitted. Subject to the provisions of this Article, video gaming is permitted at a licensed establishment within the Village. A valid liquor license issued by the State, a valid local liquor license issued by the Village, and an appropriate video gaming license duly issued by the Gaming Board, all in effect at the time of application and at all times thereafter are required as pre -conditions to the grant of an annual video gaming license by the Village. Ord. No. , § ) Section 4-490. Video gaming license required. A. It shall be unlawful for any person to install, keep, maintain, use, operate or permit the installation, keeping, maintenance, use or operation, upon any premises in the Village, any video gaming terminal(s), without first having obtained a valid video gaming license, duly issued by the Village pursuant to the provisions of this Article. The video gaming license provided for in this Article shall permit a licensed establishment to install, keep, maintain, use and operate a video gaming terminal(s), subject to the provisions of this Article, the Video Gaming Act and the rules and regulations promulgated under the Video Gaming Act by the Gaming Board. B. No applicant shall be eligible for a video gaming license from the Village, nor shall an existing licensed establishment be entitled to retain a video gaming license, unless the following requirements are met and maintained: 1. The applicant holds the appropriate State certificate or license permitting video gaming and is in good standing with same; 2. The applicant holds the appropriate valid liquor license issued by the State and a valid local liquor license issued by the Village, and is in good standing with same; 16 3. At the time of application, the establishment is in operation and has been in consistent operation, without interruption, at the proposed location for the preceding eighteen (18) months; 4. The applicant is not in arrears in any tax, fee or bill due to the Village or the State; 5. The applicant has completed and complies with all application requirements set forth in this Article, and is not disqualified due to a felony, gambling offense or crime of moral turpitude; and 6. The establishment is located outside a residential zoning district, as defined by the Village's Zoning Code. Ord. No. , § , Section 4-491. Video gaming prohibited. Notwithstanding anything in the Video Gaming Act, video gaming licenses are specifically prohibited at a licensed truck stop establishment and licensed large truck stop establishment, as those terms are defined in the Video Gaming Act. It is the specific intent of this Article that video gaming licenses not be issued for establishments commonly known as gas stations, truck fueling centers, truck stops, package stores or convenience/grocery stores, or to any person operating a business within a gas station, truck fueling center or truck stop, regardless of the nature of that business. Section 4-492. Application requirements. A. Applications. Applications for an annual video gaming license from the Village may be obtained by submitting a written application, on forms provided by the Village, to the Village President or his designee. Only completed and fully executed applications will be accepted. All applications for a new or renewal video gaming license shall be filed with the Village Clerk and shall include, but not be limited to the following information: 1. The legal name, business name, address (including business address if different from the address of the establishment) of where the video gaming terminal(s) is to be located, and phone number and e-mail address for the establishment; 2. The name(s), address(es) and date(s) of birth of the person(s) owning or operating the establishment where the video gaming terminal(s) shall be located, and information related to each owner's ownership interest in the establishment; 3. The name(s), address(es) and date(s) of birth of the owner(s) and/or distributor(s) of the video gaming terminal(s) and information 17 related to each owner's and/or distributor's ownership interest in the video gaming terminal(s); 4. Prior convictions of the person owning and/or distributing the video gaming terminal(s) and of the owner or operator of the establishment, if any; 5. The nature of the business conducted at the establishment, and the location within the establishment where the video gaming terminal(s) is to be displayed or operated, including a floor plan detailing the proposed location for the video gaming terminal(s); 6. The number of video gaming terminals to be displayed or operated and a description of the video gaming terminal(s) to be covered by the video gaming license; 7. Evidence that all required liquor licenses have been issued and are in good standing; 8. Evidence that all required licenses have been issued by the Gaming Board to the owner of the video gaming terminal(s) and the person(s) owning or operating the licensed establishment, and are in good standing; 9. Proof of compliance with the Video Gaming Act; and 10. Any and all additional information deemed necessary by the Village to process the video gaming license application. B. Notice. Upon submitting to the Village a completed application for a new or renewal video gaming license, the Village President or his designee shall review the applicant's credentials and requirements to determine if the video gaming license shall be granted or renewed, as applicable. Within thirty (30) days of receipt of a fully completed application, notice shall be provided to the applicant of the grant or denial of the video gaming license. C. License fee. The completed application must be accompanied by a non- refundable annual license fee of Five Hundred Dollars ($500.00) each year application is made for an annual video gaming license. A separate license fee is required for each video gaming license sought. License fees shall not be prorated. Each year the applicant/licensee is required to demonstrate its suitability for licensure and shall be required to file a renewal application. Ord. No. 5 § , ) 18 Section 4-493. Video gaming license requirements. A. Eligibility. Video gaming licenses shall only be issued to eligible liquor establishments. 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 video gaming licenses available, categorized by liquor license classification, shall be maintained by the Village Clerk. B. Term of license. All video gaming licenses issued pursuant to this Article shall be valid from the date of issuance, or in the case of renewals, from July 1st through the business night of June 30th, unless previously surrendered or revoked. A new or renewed video gaming license will be required for the establishment to commence operations on July 1st C. License renewal. Any licensee may apply for a renewal of a video gaming license at the expiration thereof, provided the licensee continues to meet the same qualifications of an original applicant, and provided the licensed establishment for which the renewal is sought is in compliance with Village Code, the Video Gaming Act and all related rules, regulations and restrictions promulgated by the Gaming Board. Renewal applications shall be due on or before June 1st of each calendar year, unless that day falls on a holiday, in which case the renewal application may be received by the Village Clerk on the following business day. D. Display. A valid Village video gaming license issued pursuant to this Article must be displayed at all times in a conspicuous place, at or near the principal entrance to the licensed establishment. E. Compliance. Each licensed establishment, licensed pursuant to this Article, shall follow all regulations applying to licensed establishments operating a video gaming terminal(s) on its premises including but not limited to: 1. The licensed establishment must fully comply with all other applicable provisions of Village Code, and any applicable federal and State laws and regulations, including but not limited to, the Video Gaming Act and all related rules, regulations and restrictions imposed by the Gaming Board, including Iicensure; and 2. The licensed establishment must fully comply with any request by the Village for an inspection of the licensed establishment. Such inspections may be conducted at any time to ensure compliance with Village Code and include any licensed establishment applying for a 19 video gaming license and/or a video gaming terminal permit sticker(s). 3. The licensed establishment shall maintain customer seating outside the terminal location area for the purpose of consumption of food and/or alcoholic liquor at a ratio of a minimum of ten (10) customer seats for each one (1) terminal located on the licensed establishment. 4. A licensed establishment shall not be located within one hundred 100) feet of a school or place of worship. This distance shall be determined by measuring the distance from a proposed or existing licensed establishment to a pre-existing school or place of worship by drawing a straight line between the closest part of any building used for the proposed or existing licensed establishment and the closest part of any building used for a school or place of worship. F. No property right/non-transferable. The right hereunder to submit an application for a video gaming license, including renewal, shall not be construed to create a vested interest or right in such license, and shall not constitute property. A video gaming license issued hereunder shall not be subject to attachment, garnishment, or execution, shall not be alienable or transferable (voluntarily or involuntarily), or subject to be being encumbered. Ord. No. , § Section 4-494. Terminal permit sticker; Terminals. A. Terminal permit sticker. Each video gaming licensee shall also obtain an annual video gaming terminal permit sticker(s) from the Village, individually for each video gaming terminal located at its licensed establishment, by submitting a written application on forms provided by the Village, to the Village President or his designee. The applicant shall pay the Village an annual non-refundable fee of Three Hundred Dollars ($300.00) per video gaming terminal, 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. B. Number of terminals. No more than six (6) video gaming terminals shall be located on the licensed establishment at any time. C. Display of terminal permits. An individual valid Village video gaming terminal permit sticker shall be displayed at all times on each approved video gaming terminal. D. Prohibited devices. Other than having up to six (6) video gaming terminals with each having a valid video gaming terminal permit sticker, a licensed 20 establishment is prohibited from having, anywhere on the licensed establishment, any other video gaming machine(s)/device(s), even if solely for amusement purposes. E. Terminal location. For licensed establishments that admit individuals under the age of twenty-one (21), all video gaming terminals shall be separated by a half wall or glass partition with a separate door for ingress and egress, and the entrance to the video gaming area shall be visible to at least one employee of the licensed establishment who is over twenty-one (21) years of age to ensure no person under twenty-one (21) years of age is present in the video gaming area. For licensed establishments that restrict admittance to patrons twenty-one (21) years of age or older, a separate restricted video gaming area is not required. F. Restricted play. 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. G. Hours of operation. No video gaming terminal may be played except during the legal hours of operation for the licensed establishment. H. No property right/non-transferable. The right hereunder to obtain a video gaming terminal permit sticker(s) shall not be construed to create a vested interest or right in the terminal permit sticker(s) and shall not constitute property. Terminal permit sticker(s) are non -transferable (voluntarily or involuntarily). I. Seizure of terminal. Each video gaming terminal without a valid video gaming terminal permit sticker, or otherwise unlawful, shall be considered a gambling device subject to seizure and shall be turned over to the Gaming Board in accordance with its regulations and applicable law, unless otherwise ordered by a Court of competent jurisdiction. Ord. No. , § , Section 4-495. Distributor registration and license required. Within ten (10) business days of approval of an application for issuance, including renewal, of a video gaming license, the licensed establishment shall cause its distributor to register with the Village and cause the distributor to pay to the Village a non-refundable annual distributor 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. No video gaming license or terminal permit sticker(s) shall be issued until full compliance with such distributor registration and licensure requirements. Section 4-496. Accountability; Suspension or revocation. A. Each licensee shall be responsible for the acts of its agents, independent contractors, servants and/or employees in the operation of any licensed establishment. Each licensee may also be subject to revocation or suspension of its video gaming 21 license and video gaming terminal permit sticker(s). The Village President or his designee, may revoke, or suspend, for a period not to exceed sixty (60) days, any video gaming license and 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 after a hearing it is determined: 1. The licensee violated, disobeyed, omitted, neglected or refused to comply with any provision of this Article, other applicable provision(s) of Village Code, or any applicable provision(s) of the Video Gaming Act and/or the related rules, regulations and restrictions promulgated by the Gaming Board; 2. The licensee knowingly furnished false or misleading information or withheld relevant information on any application for a video gaming license required by this Article, or any investigation into such application; 3. The licensee performed or continues to allow conduct, which itself constitutes an element of the offense, while acting within the scope of the business conducted at the licensed establishment; 4. An agent, independent contractor, or employee of the licensee performed, or allowed conduct to continue at the licensed premises, which itself constitutes an element of the offense while acting within the scope of their employment or on behalf of the licensee; and/or 5. The commission of any offense was authorized, requested, commanded or not prevented by the licensee. B. Except as otherwise set forth in this Article, no video gaming license shall be revoked or suspended, or fine imposed, except after a public hearing before the Village President or his designee, with ten (10) business days written notice to the licensed establishment affording the establishment an opportunity to appear and defend. The written notice shall identify the nature of the alleged violation(s), the time, place and location of the hearing, and inform the licensee of its ability to present evidence and argument at the public hearing. C. A licensee may, by written notice to the Village President or his designee, waive its right to a public hearing. If a licensee desires a hearing on the possible revocation, suspension or fine for an alleged violation, each hearing under this Article shall be held in accordance with the following rules: 1. A hearing shall be set at the initial appearance date or any continuance thereof and shall be held at a reasonable time, date, and place. A continuance may only be granted by the Village President or his designee if extenuating and unusual circumstances are presented in support of the licensee's request for a continuance. 22 2. No cause shall be heard earlier than three (3) business days after receipt by a licensee of the notice required under this Article. 3. Evidence and argument may be presented, which may be limited, but not prohibited, by the Village President or his designee, conducting the hearing. 4. An audio recording device shall be present at each hearing and shall record the testimony and evidence presented. In lieu of an audio recording a certified court reporter shall be present at each hearing and shall record the testimony and evidence presented, the cost of which shall be the responsibility of the licensee. D. After a hearing, the Village President may revoke or suspend any video gaming license issued if it is determined the licensee violated any of the provisions of this Article, other applicable provision(s) of Village Code, a provision(s) of the Video Gaming Act and/or the related rules, regulations and restrictions promulgated by the Gaming Board. E. 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, have its video gaming license and all video gaming terminal permit stickers issued pursuant to this Article, revoked or suspended. Ord. No. , § , ) Sec. 4-497 Penalty. In addition to all other remedies, including prosecution under the gambling provisions of the Illinois Criminal Code, 720 ILCS 5/28-1 et seq., and suspension or revocation of any video gaming license, or suspension or revocation of the establishment's local liquor license, any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this Article shall be subject to a fine of Seven Hundred and Fifty Dollars ($750.00) per day for each offense. A separate offense shall be deemed to have been committed on each day during which or on which a violation occurs or continues. Any fines set forth in this Article shall be assessed regardless of the disposition by a court. Ord. No. , § , ) 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. 23 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. SECTION SEVEN. This Ordinance shall be numbered as Ordinance No. PASSED the day of , 2022. AYES: NAYS: ABSENT: APPROVED this day of , 2022. John Argoudelis Village President ATTESTED AND FILED IN MY OFFICE: Michelle Gibas Village Clerk 24 Exhibit "A" SECTION THREE. Section 4-488. Definitions. Unless the context otherwise requires, the following terms used in this Article shall be construed according to the definitions given below: Applicant. A person submitting a completed application to obtain a video gaming license and terminal permit sticker(s) from the Village. Distributor. Any individual, partnership, corporation or limited liability company licensed under the Video Gaming Act to buy, sell, lease or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators. Gaming Board. The Illinois Gaming Board. Licensee. Any person issued a video gaming license and terminal permit sticker(s) pursuant to this Article. Licensed establishment. Any licensed retail establishment where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the licensed premises and the primary purpose of the establishment is the sale of food and alcohol for consumption on the premises, to include any liquor licensee licensed by the State and the Village to have or operate a video gaming terminal(s) in the Village pursuant to Village Code, State law(s) and all applicable regulations promulgated under the Video Gaming Act by the Gaming Board. A licensed establishment shall include any licensed fraternal establishment or licensed veteran's establishment, as those terms are defined in the Video Gaming Act. A licensed establishment shall not include a licensed truck stop establishment, licensed large truck stop establishment, as those terms are defined in the Video Gaming Act, or any person or establishment licensed pursuant to Village Code to sell alcoholic liquor at retail for consumption solely off the licensed premises, or on the licensed premises at a package store, gas station and/or convenience/grocery store. Liquor Control Act. The Liquor Control Act of 1934, as amended, (235 ILCS 5/6-1 et Person. Any owner, lessee, manager, officer, agent or representative in any capacity who operates or permits to be operated a licensed establishment. Place of worship. A building where people gather to worship, such as a church, synagogue or mosque. 25 School. Educational institutions, including preschools and daycare centers, but not including undergraduate or post graduate colleges or universities that have a formal and recognized academic curriculum. State. The State of Illinois. Terminal permit sticker. An annual permit sticker(s) issued by the Village for each individual video gaming terminal located at a licensed establishment. Video gaming. The ownership, placement, maintenance, operation or use of a video gaming terminal(s). Video Gaming Act. The Illinois Video Gaming Act, as amended, (230 ILCS 40/1, et Video gaming license. An annual license issued by the Village permitting an establishment to install, maintain and operate a video gaming terminal(s), subject to the provisions of this Article. Video gaming terminal. Any electronic video game machine. authorized by the 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. Village Code. The Village of Plainfield's Code of Ordinances. Ord. No. , § Section 4-489. Video gaming permitted. Subject to the provisions of this Article, video gaming is permitted at a licensed establishment within the Village. A valid liquor license issued by the State. a valid local liquor license issued by the Village, and an appropriate video gaming license duly issued by the Gaming Board, all in effect at the time of application and at all times thereafter are required as pre -conditions to the grant of an annual video gamin. license by the Village. Ord. No. , § ) Section 4-490. Video gaming license required. A. It shall be unlawful for any person to install, keep. maintain, use, operate or permit the installation. keeping, maintenance, use or operation, upon any premises in the Village. any video gaming terminal(s), without first having obtained a valid video gaming license, duly issued by the Village pursuant to the provisions of this Article. The 26 video gaming license provided for in this Article shall permit a licensed establishment to install, keep, maintain, use and operate a video gaming terminal(s), subject to the provisions of this Article, the Video Gaming Act and the rules and regulations promulgated under the Video Gaming Act by the Gaming Board. B. No applicant shall be eligible for a video gaming license from the Village, nor shall an existing licensed establishment be entitled to retain a video gaming license, unless the following requirements are met and maintained: 1. The applicant holds the appropriate State certificate or license permitting video gaming and is in good standing with same; 2. The applicant holds the appropriate valid liquor license issued by the State and a valid local liquor license issued by the Village, and is in good standing with same; 3. At the time of application, the establishment is in operation and has been in consistent operation, without interruption, at the proposed location for the preceding eighteen (18) months; 4. The applicant is not in arrears in any tax, fee or bill due to the Village or the State; 5. The applicant has completed and complies with all application requirements set forth in this Article, and is not disqualified due to a felony, gambling offense or crime of moral turpitude; and 6. The establishment is located outside a residential zoning district, as defined by the Village's Zoning Code. Ord. No. § , Section 4-491. Video gaming prohibited. Notwithstanding anything in the Video Gaming Act, video gaming licenses are specifically prohibited at a licensed truck stop establishment and licensed large truck stop establishment, as those terms are defined in the Video Gaming Act. It is the specific intent of this Article that video gaming licenses not be issued for establishments commonly known as gas stations, truck fueling centers, truck stops, package stores or convenience/grocery stores, or to any person operating a business within a gas station, truck fueling center or truck stop, regardless of the nature of that business. Section 4-492. Application requirements. A. Applications. Applications for an annual video gaming license from the Village may be obtained by submitting a written application, on forms provided by the Village, to the Village President or his designee. Only completed and fully executed 27 applications will be accepted. All applications for a new or renewal video gaming license shall be filed with the Village Clerk and shall include, but not be limited to the following information: 1. The legal name, business name, address (including business address if different from the address of the establishment) of where the video gaming terminal(s) is to be located, and phone number and e-mail address for the establishment; 2. The name(s), address(es) and date(s) of birth of the person(s) owning or operating the establishment where the video gaming terminal(s) shall be located, and information related to each owner's ownership interest in the establishment; 3. The name(s), address(es) and date(s) of birth of the owner(s) and/or distributor(s) of the video gaming terminal(s) and information related to each owner's and/or distributor's ownership interest in the video gaming terminal(s); 4. Prior convictions of the person owning and/or distributing the video gaming terminal(s) and of the owner or operator of the establishment, if any; 5. The nature of the business conducted at the establishment, and the location within the establishment where the video gaming terminal(s) is to be displayed or operated, including a floor plan detailing the proposed location for the video gaming terminal(s); 6. The number of video gaming terminals to be displayed or operated and a description of the video gaming terminal(s) to be covered by the video gaming license: 7. Evidence that all required liquor licenses have been issued and are in good standing; 8. Evidence that all required licenses have been issued by the Gaming Board to the owner of the video gaming terminal(s) and the person(s) owning or operating the licensed establishment, and are in good standing; 9. Proof of compliance with the Video Gaming Act; and 10. Any and all additional information deemed necessary by the Village to process the video gaming license application. B. Notice. Upon submitting to the Village a completed application for a new or renewal video gaming license, the Village President or his designee shall review the 28 applicant's credentials and requirements to determine if the video gaming license shall be granted or renewed, as applicable. Within thirty (30) days of receipt of a fully completed application, notice shall be provided to the applicant of the grant or denial of the video gaming license. C. License fee. The completed application must be accompanied by a non- refundable annual license fee of Five Hundred Dollars ($500.00) each year application is made for an annual video gaming license. A separate license fee is required for each video gaming license sought. License fees shall not be prorated. Each year the applicant/licensee is required to demonstrate its suitability for Iicensure and shall be required to file a renewal application. Ord. No. , § ) Section 4-493. Video gaming license requirements. A. Eligibility. Video gaming licenses shall only be issued to eligible liquor establishments. 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 video gaming licenses available, categorized by liquor license classification, shall be maintained by the Village Clerk. B. Term of license. All video gaming licenses issued pursuant to this Article shall be valid from the date of issuance, or in the case of renewals, from July 1st through the business night of June 30th, unless previously surrendered or revoked. A new or renewed video gaming license will be required for the establishment to commence operations on July 1St C. License renewal. Any licensee may apply for a renewal of a video gaming license at the expiration thereof, provided the licensee continues to meet the same qualifications of an original applicant, and provided the licensed establishment for which the renewal is sought is in compliance with Village Code. the Video Gaming Act and all related rules, regulations and restrictions promulgated by the Gaming Board. Renewal applications shall be due on or before June 1st of each calendar year, unless that day falls on a holiday, in which case the renewal application may be received by the Village Clerk on the following business day. D. Display. A valid Village video gaming license issued pursuant to this Article must be displayed at all times in a conspicuous place, at or near the principal entrance to the licensed establishment. 29 E. Compliance. Each licensed establishment, licensed pursuant to this Article, shall follow all regulations applying to licensed establishments operating a video gaming terminal(s) on its premises including but not limited to: 1. The licensed establishment must fully comply with all other applicable provisions of Village Code, and any applicable federal and State laws and regulations, including but not limited to, the Video Gaming Act and all related rules, regulations and restrictions imposed by the Gaming Board, including licensure; and 2. The licensed establishment must fully comply with any request by the Village for an inspection of the licensed establishment. Such inspections may be conducted at any time to ensure compliance with Village Code and include any licensed establishment applying for a video gaming license and/or a video gaming terminal permit sticker(s). 3. The licensed establishment shall maintain customer seating outside the terminal location area for the purpose of consumption of food and/or alcoholic liquor at a ratio of a minimum of ten (10) customer seats for each one (1) terminal located on the licensed establishment. 4. A licensed establishment shall not be located within one hundred 100) feet of a school or place of worship. This distance shall be determined by measuring the distance from a proposed or existing licensed establishment to a pre-existing school or place of worship by drawing a straight line between the closest part of any building used for the proposed or existing licensed establishment and the closest part of any building used for a school or place of worship. F. No property right/non-transferable. The right hereunder to submit an application for a video gaming license, including renewal. shall not be construed to create a vested interest or right in such license, and shall not constitute property. A video gaming license issued hereunder shall not be subject to attachment, garnishment, or execution, shall not be alienable or transferable (voluntarily or involuntarily), or subject to be being encumbered. Ord. No. , § •) Section 4-494. Terminal permit sticker; Terminals. A. Terminal permit sticker. Each video gaming licensee shall also obtain an annual video gaming terminal permit sticker(s) from the Village, individually for each video gaming terminal located at its licensed establishment, by submitting a written application on forms provided by the Village. to the Village President or his designee. The applicant shall pay the Village an annual non-refundable fee of Three Hundred Dollars ($300.00) per video gaming terminal, for each annual video gaming terminal permit sticker. Each video gaming terminal permit sticker issued by the Village shall 30 expire on June 30th, next, after the date of issuance, unless previously surrendered or revoked. B. Number of terminals. No more than six (6) video gaming terminals shall be located on the licensed establishment at any time. C. Display of terminal permits. An individual valid Village video gaming terminal permit sticker shall be displayed at all times on each approved video gaming terminal. D. Prohibited devices. Other than having up to six (6) video gaming terminals with each having a valid video gaming terminal permit sticker, a licensed establishment is prohibited from having, anywhere on the licensed establishment, any other video gaming machine(s)/device(s), even if solely for amusement purposes. E. Terminal location. For licensed establishments that admit individuals under the age of twenty-one (21), all video gaming terminals shall be separated by a half wall or glass partition with a separate door for ingress and egress, and the entrance to the video gaming area shall be visible to at least one employee of the licensed establishment who is over twenty-one (21) years of age to ensure no person under twenty-one (21) years of age is present in the video gaming area. For licensed establishments that restrict admittance to patrons twenty-one (21) years of age or older, a separate restricted video gaming area is not required. F. Restricted play. 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. G. Hours of operation. No video gaming terminal may be played except during the legal hours of operation for the licensed establishment. H. No property right/non-transferable. The right hereunder to obtain a video gaming terminal permit sticker(s) shall not be construed to create a vested interest or right in the terminal permit sticker(s) and shall not constitute property. Terminal permit sticker(s) are non -transferable (voluntarily or involuntarily). I. Seizure of terminal. Each video gaming terminal without a valid video gaming terminal permit sticker, or otherwise unlawful, shall be considered a gambling device subject to seizure and shall be turned over to the Gaming Board in accordance with its regulations and applicable law, unless otherwise ordered by a Court of competent jurisdiction. Ord. No. , § ) Section 4-495. Distributor registration and license required. Within ten (10) business days of approval of an application for issuance, including renewal, of a video gaming license, the licensed establishment shall cause its distributor to register with the Village and cause the distributor to pay to the Village a 31 non-refundable annual distributor 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. No video gaming license or terminal permit sticker(s) shall be issued until full compliance with such distributor registration and licensure requirements. Section 4-496. Accountability; Suspension or revocation. A. Each licensee shall be responsible for the acts of its agents, independent contractors, servants and/or employees in the operation of any licensed establishment. Each licensee may also be subject to revocation or suspension of its video gaming license and video gaming terminal permit sticker(s). The Village President or his designee, may revoke, or suspend, for a period not to exceed sixty (60) days, any video gaming license and 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 after a hearing it is determined: 1. The licensee violated, disobeyed, omitted, neglected or refused to comply with any provision of this Article, other applicable provision(s) of Village Code, or any applicable provision(s) of the Video Gaming Act and/or the related rules, regulations and restrictions promulgated by the Gaming Board: 2. The licensee knowingly furnished false or misleading information or withheld relevant information on any application for a video gaming license required by this Article, or any investigation into such application: 3. The licensee performed or continues to allow conduct, which itself constitutes an element of the offense, while acting within the scope of the business conducted at the licensed establishment: 4. An agent, independent contractor, or employee of the licensee performed, or allowed conduct to continue at the licensed premises, which itself constitutes an element of the offense while acting within the scope of their employment or on behalf of the licensee: and/or 5. The commission of any offense was authorized, requested, commanded or not prevented by the licensee. B. Except as otherwise set forth in this Article, no video gaming license shall be revoked or suspended, or fine imposed, except after a public hearing before the Village President or his designee. with ten (10) business days written notice to the licensed establishment affording the establishment an opportunity to appear and defend. The written notice shall identify the nature of the alleged violation(s), the time, place and location of the hearing. and inform the licensee of its ability to present evidence and argument at the public hearing. 32 C. A licensee may, by written notice to the Village President or his designee, waive its right to a public hearing. If a licensee desires a hearing on the possible revocation, suspension or fine for an alleged violation, each hearing under this Article shall be held in accordance with the following rules: 1. A hearing shall be set at the initial appearance date or any continuance thereof and shall be held at a reasonable time, date, and place. A continuance may only be granted by the Village President or his designee if extenuating and unusual circumstances are presented in support of the licensee's request for a continuance. 2. No cause shall be heard earlier than three (3) business days after receipt by a licensee of the notice required under this Article. 3. Evidence and argument may be presented, which may be limited, but not prohibited, by the Village President or his designee, conducting the hearing. 4. An audio recording device shall be present at each hearing and shall record the testimony and evidence presented. In lieu of an audio recording a certified court reporter shall be present at each hearing and shall record the testimony and evidence presented, the cost of which shall be the responsibility of the licensee. D. After a hearing, the Village President may revoke or suspend any video gaming license issued if it is determined the licensee violated any of the provisions of this Article, other applicable provision(s) of Village Code, a provision(s) of the Video Gaming Act and/or the related rules, regulations and restrictions promulgated by the Gaming Board. E. 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, have its video gaming license and all video gaming terminal permit stickers issued pursuant to this Article, revoked or suspended. cord. No. , § , Sec. 4-497 Penalty. In addition to all other remedies, including prosecution under the gambling provisions of the Illinois Criminal Code, 720 ILCS 5/28-1 et seq., and suspension or revocation of any video gaming license, or suspension or revocation of the establishment's local liquor license, any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this Article shall be subject to a fine of Seven Hundred and Fifty Dollars ($750.00) per day for each offense. A separate offense shall be deemed to have been committed on each day during which or on which a violation 33 occurs or continues. Any fines set forth in this Article shall be assessed re•ardless of the disposition by a court. Ord. No. . § , ) 34 2019-2020*Municipality Yearly Municipal Revenue From VGT# T otalVideo Game Terminal ( VGT) Count AverageYearly Muncipal Revenue/Terminal Establishment Count Average Yearly Municipal Revenue/ Establishment Shorewood Lockport Romeoville New Lenox Oswego 51,496.35 365,402.54 320,230 . 55 304,671 . 21 213,828 . 16 36 88 87 88 62 1,430.45 4,152.30 3,680.81 3,462.17 3,448.84 7 18 17 18 12 7, 356.62 20, 300 .14 18, 837.09 16, 926.18 17, 819 .01 2020-2021**Municipality Yearly MunicipalRevenue From VGT# Total Video Game Terminal ( VGT) Count Average Yearly Muncipal Revenue/Termi nal Establishment Count Average Yearly Municipal Revenue/ Establishment Shorewood Lockport Romeoville New Lenox Oswego 38,399.41 169,067. 10 205,733.00 177,697. 41 142,901.45 38 93 112 109 78 1,010.51 1,817 . 93 1,836.90 1,630.25 1,832 . 07 7 18 20 20 14 5, 485 .63 9, 392 .62 10, 286 .65 8, 884.87 10, 207 .25 2021-2022t Municipality Yearly Municipal Revenue From VGT Total Video Game Terminal ( VGT) Count Average Yearly Muncipal Revenue/Terminal Establishment Count Average Yearly Municipal Revenue/ Establishment Shorewood Lockport Romeoville New Lenox Oswego 111,620.57 357,337.66 498,992.54 500,675. 78 371,556.34 39 94 124 132 95 2,862.07 3,801 . 46 4,024.13 3,793 . 00 3,911 . 12 7 18 22 23 17 15,945 .80 19,852.09 22,681 .48 21,768.51 21,856 .26 Dates for this data are from February 2019 - February 2020 Dates for this data are from February 2020 - February 2021 Dates for this data are from Febraury 2021 - February 2022 Due to the COVID-19 Pandemic, VGTs were shut down in Illinois from March 16, 2020 to June 30, 2020 Village of Plainfi eld Video Gaming Research - C omparabl e M unicipal Re venue ( Updat ed March2022) 35 2022 SURVEY OF MUNICIPALITIES WITH VIDEO GAMBLING MUNICIPALITY GAMING ALLOWED NUMBER OF ESTABLISHMENTS CRIME INCRE ASESERVICE CALL INCREASE TYPE OF PROBLEMS ALLOWED IN GAS STATION/ Mini - Mart PROBLEMSAT GAS STATIONS Manhattan Yes 6 No No None No N/A Braidwood Yes 4 with 4 pending No NoNone Yes N one Rockdale Yes 7 NoYes Alarms No Ban on pour licenses Plano Yes 10 with 1 pending No No None Yes None Lemont Yes 25 Slight Slight Theft, public intox, panhandling Yes Same as other locations Mokena Yes 19 No Min orcarry - out business open just for gamblinE Yes Parkingissues at gas stations Crest Hill Yes 20 No No None Yes Only 1 gas station meets requirement Channahon Yes 11 No No Burglaries targeting the machines Yes One burglary to machine Crete Yes 17 No No Intoxicated man damaged machine Yes None Shorewood Yes 4 No No None No N/A Oswego Yes No No N one Yes None Lockport Yes 25 Yes No Gaming machines burglarized Yes Currentlyno businesses with permit Romeoville Yes 20 No No 1 - Robbery, couple burglariesNo N/A New Lenox Yes No limit No No None Yes None 36 CATHYLND E N I S E S T TALBO T CIR AERO CT OXFORD LN BRISTOL AVE PRAIRIE GROVE DR STRATFORD DR COTSWALD DR WHITE OAK DR LARKSPUR LNOLYMPI CDRR HE ADRANDREW RD W OLFC RE E KLNSPRIN G S C THERITAGEMEADOWS DRS H A G BARKDRTALL GRASS DRLILY LNVAN DYKE RDN E WCASTLE ST L EONADRPASQUINELLI DR PEARTREE WAYSPAULDINGSCHOOL DRBRADFO R D LN FAL C ONDR127TH ST AERODRKENSINGTONDRAPPLE TREE L N 119TH ST LESKI L N RT 59WOLFDRP E A R T R E ECIRW AL NUT CIRHeritage Grove Middle School Christ Community Church of Plainfield Red Robin America's Gourmet Burgers & Spirits Buffalo Wild Wings Bar & Grill Chili's Grill & Bar Delicia Mexican Grill Freedom Brothers Pizzeria DBA Chop'd Khaos Brewing, LLC DBA Khaos Brewing 100 ft Buffer around church or school 100 ft Buffer around liquor licenses §¨¦55 £¤30 £¤30 ¬«126 ¬«59 ¬«59 Village of Plainfield Liquor Licenses Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data. Users are cautioned to consider carefully the provisional nature of these data and information before using them for decisions that concern personal or public safety or the conduct of business that involves substantial monetary or operational consequences. Conclusions drawn from, or actions undertaken on the basis of, such data and information are the sole responsibility of the user. Maps and data are to be used for reference purposes only. North Rt 59 A, A1, F, G, H, I, K, M, N 37 RCC Cornerstone Assembly Walker's Grove Elementary CHELSEA LN FESCUE DR DIANA CT MATHEWS CT BLACKSTONELNRANCHLAND DRROUND BARN RDS A V A N N A DRRT 30JORDAN LN MADISON ST MICHELE DR 135TH ST Tortilla Flatz Mexican Grill Backroads Pub and Grill 100 ft Buffer around church or school 100 ft Buffer around liquor licenses §¨¦55 £¤30 £¤30 ¬«126 ¬«59 ¬«59 Village of Plainfield Liquor Licenses Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data. Users are cautioned to consider carefully the provisional nature of these data and information before using them for decisions that concern personal or public safety or the conduct of business that involves substantial monetary or operational consequences. Conclusions drawn from, or actions undertaken on the basis of, such data and information are the sole responsibility of the user. Maps and data are to be used for reference purposes only. Rt 30 A, A1, F, G, H, I, K, M, N 38 VISTA LN I L L INO I S S T JAMES STFOX RIVER STDILLMAN STOTTAWA ST CHICAGO ST DES PLAINES STO A K S T LOCKPORT ST RT 59BARTLETT AVEMAI N S T Plymouth Congregational Church Plainfield United Methodist Sharon United Methodist Plainfield Academy Uptown Tap & Eatery Wine & Cheese Company Moe Joe's HopScotch & Vine Capri Sogno Sovereign Mora Opera House Steak and Seafood Front Street Cantina Station One Smokehouse Garage Band Brewing Company Sanctuary Events, LLC NWB the next whiskey bar Irish Tyme Pub 100 ft Buffer around church or school 100 ft Buffer around liquor licenses A, A1, F, G, H, I, K, M, N §¨¦55 £¤30 £¤30 ¬«126 ¬«59 ¬«59 Village of Plainfield Liquor Licenses Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data. Users are cautioned to consider carefully the provisional nature of these data and information before using them for decisions that concern personal or public safety or the conduct of business that involves substantial monetary or operational consequences. Conclusions drawn from, or actions undertaken on the basis of, such data and information are the sole responsibility of the user. Maps and data are to be used for reference purposes only. Downtown 39 Friendship Baptist Church Three Rivers Church St. Mary Immaculate Parish Mount Zion Heaven Minded Ministry Kingdom Hall of Jehovah's Witnesses Plainfield Congregational PCHS Central Elementary PSD 202 District Offices LEE STPRATTLNUNION ST ELLNACTFEENEY DR JUDITH DR CAHILLS WAY FERN ST CLARK STCHABLISLN CECILYDRRUEBEN ST LYNN ST ROBERT AVE BENSONAVEP E T E R S ONDR C R O PLAND DR FO X CREEKL N LEACH DR SIMO DR F ARMSTEAD L N CABERNET LN BROWN LN RT 59JAMES STFRASER RD MCGRATHDRPLAINSM ANCIR LILY CACHE RDGEORGE CTARBORCREEKDRDAYFIELD DR MERLOT LN HOWARD STDANOCONNELL DRLEXINGTON DRARBOR DRFRONTAGE RDFAIRFIELD DRAPPLE CREEK LN SPANGLERRDJ O L I E T R D FOXRU N CIRGRINTON DR EDGEWOODDRROLF RD FORT BEGGS DR GETS O N A V E RENWICK RD LINCOLN H WY SPRIN G CREEKLN LINK LN WINDINGCREEKR D IL-59Plainfield Lanes Moose Lodge #2491, Loyal Order of Moose Habanero Mexican Fine Cuisine Rosati's Craft'd Crab Boil 59 La Dolce Vita Per Tutti La Langosta Black Dog Vinyl Café 100 ft Buffer around church or school 100 ft Buffer around liquor licenses §¨¦55 £¤30 £¤30 ¬«126 ¬«59 ¬«59 Village of Plainfield Liquor Licenses Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data. Users are cautioned to consider carefully the provisional nature of these data and information before using them for decisions that concern personal or public safety or the conduct of business that involves substantial monetary or operational consequences. Conclusions drawn from, or actions undertaken on the basis of, such data and information are the sole responsibility of the user. Maps and data are to be used for reference purposes only. Southeast A, A1, F, G, H, I, K, M, N 40