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AMENDED ORDINANCE PROHIBITING VIDEO GAMING

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Summary
Suffredin's Commentary
Activity Log
Full Text of Legislation
Disclaimer

Date Introduced: 9/1/2009
Date Passed:
10/6/2009

Sponsors:
Butler, Claypool, Collins, Daley, Gainer, Murphy, Peraica, Sims, Steele-Robert
Co-Sponsors:

Summary:

This ordinance amends Chaper 58 Offenses and Miscellaneous Provisions, Section 58-161 of the Cook County Code. This amendment expands on the definition of "place of public resort" to include licensed fraternal, veterans, and truck stop establishments.


Activity Log:

9/1/2009
Referred to Finance Committee

Full Text of Legislation:

WHEREAS, the Video Gaming Act (230 ILCS 40/1 et seq.; P.A. 96-0034) became law on July 13, 2009 and allows licensed retail, veterans, fraternal, or truck stop establishments to install video gaming terminals on their premises for the purpose of conducting video gambling; and

 

WHEREAS, Section 58-161 of the Cook County Code of Ordinances currently prohibits the operation of video gaming devices in places of public resort within the unincorporated areas of Cook County; and

 

WHEREAS, legalized video poker would present a variety of adverse impacts on residents of Cook County including the potential for corruption, impact on the costs of law enforcement, regulatory difficulties, and high social costs; and

 

WHEREAS, the Video Gaming Act was passed with no public input or analysis on the impact on municipalities or counties that will be charged with implementing and enforcing the Video Gaming Act; and

 

WHEREAS, states such as Iowa, Georgia, South Carolina, and North Carolina have gone on to repeal legalized video gaming because of regulatory difficulties, corruption, and the high social costs associated with this form of gambling; and

 

WHEREAS, according to a study by the Massachusetts Institute of Technology, electronic gaming is designed to entice people to play longer, faster, and at higher rates of wagering; and

 

WHEREAS, Section 27 of the Video Gaming Act permits counties and municipalities to prohibit video gaming within their respective corporate limits or unincorporated areas; and

 

WHEREAS, Cook County is a home rule unit of government under Article VII, Section 6 of the Illinois Constitution and as such, may prohibit video gambling within its corporate limits through exercising its home rule powers; and    

 

WHEREAS, the Cook County Board of Commissioners calls upon every municipality within Cook County to join the County in prohibiting video gambling.

 

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 58 Offenses and Miscellaneous Provisions, Section 58-161 of the Cook County Code is hereby amended as follows:

 

Sec. 58-161.  Gaming devices.

 

(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:


COMMISSIONERS continued

 

ORDINANCE AMENDMENTS continued

 

ITEM #25 cont’d

 

Gaming device means any device, mechanism or implement which, upon operation of the device, mechanism or implement, is used in playing games which includes, but which is not limited to pinball or any game which is a form of poker, keno, bingo or any variation of a slot machine, and shall include those devices, mechanisms or implements having a video display which are intended to be played.  The term “gaming device” specifically includes video gaming terminals, as that term is defined in Section 5 of the Illinois Video Gaming Act (230 ILCS 40/5).

 

Place of public resort means any premises wherein any service or merchandise is offered for sale to the public or where gaming devices are used, kept, owned, played or operated, or any premises used as a clubhouse or clubrooms, or any premises which are licensed by Cook County to engage in business, including businesses licensed to serve and/or sell alcoholic beverages.  The term “place of public resort” specifically includes licensed establishments, licensed fraternal establishments, licensed veterans establishments and licensed truck stop establishments, as those terms are defined in Section 5 of the Illinois Video Gaming Act (230 ILCS 40/5).

 

(b) Owning, operating, etc., in place of public resort.  It shall be unlawful for any person to keep, own, play, use or operate, or cause to be kept, owned, played, used or operated, in any place of public resort within the unincorporated area of the County, any gambling device, including a video gaming terminal, where the player, by playing the game, is entitled to accumulate points or replays for receipt of reward, money, or any other item of value.  Such gaming devices shall not be prohibited where the player is rewarded only with additional opportunities to play.  This section shall not be deemed to prohibit any games of chance or skill which were expressly authorized by State law on or before April 1, 1994.

 

(c) Seizure. It is hereby made the duty of every law enforcement officer to seize any gaming device kept or used in violation of this section and, such gaming device so seized may, upon court order, be destroyed.  Any person obstructing or resisting any law enforcement officer in the performance of any act authorized by this subsection shall be fined not less than $100.00 nor more than $500.00 for each offense.

 

(d) Penalty for violation. Except as otherwise provided in this section, any person who shall violate the provisions of this section shall be fined not less than $100.00 nor more than $500.00 for each offense.  The playing or permitting play of each individual game in violation of this section shall constitute a distinct and separate offense.  Any violation of this section by a liquor licensee may be cause for the revocation or suspension of a liquor license.

 

Effective date:  This Ordinance Amendment shall be effective upon adoption.


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