G-969 - 03/27/2012 - GAMING-VIDEO - OrdinancesORDINANCE 2012 -GA- VIDEO -G -969
AN ORDINANCE AMENDING TITLE 4
OF THE VILLAGE CODE REGARDING GAMBLING
WHEREAS, the Video Gaming Act, 230 ILCS 40/1 et seq., ( "Video Gaming Act') allows the use
of video gaming terminals in certain establishments throughout the State but also authorizes a
municipality to pass an ordinance prohibiting video gaming within the corporate limits of the municipality;
and
WHEREAS, the President and Board of Trustees of the Village deem it advisable and in the best
interest and in furtherance of the general welfare of the citizens of the Village that the Village Code of the
Village of Oak Brook be amended so that the use of video gaming terminals in the Village is prohibited
pursuant to Section 27 of the Video Gaming Act;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this
Ordinance as the findings of the Village President and Board of Trustees.
Section 2: Amendment to Title 4 of the Village Code to Prohibit Gambling. Title 4, entitled
"Business and License Regulations," of the Village Code of the Village of Oak Brook, Illinois shall be
amended to add a new Chapter 11, entitled "Gambling," which shall read as follows:
"Chapter 11
Gambling
4 -11 -1: Definitions
4 -11 -2: Gambling Prohibited
4 -11 -3: Gambling Houses
4 -11 -1: Definitions. Wherever the following words or phrases are used, they shall, for
purposes of this Chapter 11 have the meanings ascribed to them in this Section 4 -11-
1, except when the context otherwise indicates.
(a) "Gambling" shall have the meaning set forth in Section 28 -1(a) of the Illinois
Criminal Code of 1961, 720 ILCS 5128 -1(a), as may be amended, but shall not
include:
(i) Any of the activities described in Section 28 -1(b) of the Illinois
Criminal Code of 1961, 720 ILCS 5/28 -1(b), as may be amended; or
(ii) A raffle conducted pursuant to Chapter 7 of Title 4 of this Code.
(b) "Gambling Device" shall mean any clock, tape machine, slot machine or other
machines or device for the reception of money or other thing of value on chance or
skill or upon the action or which money or other thing of value is staked, hazarded,
bet, won or lost, including but not limited to: any video gaming terminal, as defined in
the Video Gaming Act, 230 ILCS 40/5; and any mechanism, furniture, fixture,
equipment or other device designed primarily for use in a gambling place. However, a
"gambling device" does not include:
Ordinance 2012 -GA- VIDEO -G -969
An Ordinance Amending Title 4
of the Village Code Regarding Gambling
Page 2 of 2
(i) A coin -in- the -slot operated mechanical device played for amusement
which rewards the player with the right to replay such mechanical device,
which device is so constructed or devised as to make such result of the
operation thereof depend in part upon the skill of the player and which returns
to the player thereof no money, property or right to receive money or property;
or
(ii) Vending machines by which full and adequate return is made for the
money invested and in which there is no element of chance or hazard.
(c) "Gambling House" shall mean any building, vessel, or other structure or
premises that is used in whole or in part for gambling, including, without limitation, the
use of gambling devices.
4 -11 -2: Gambling Prohibited. Gambling of any kind, including, without limitation, the
use of any gambling device, is prohibited in the Village.
4 -11 -3: Gambling Houses. It is hereby unlawful to set up, keep, maintain or operate,
or to permit to be set up, kept, maintained or operated, a gambling house in the
Village. A gambling house shall be deemed a public nuisance and may be abated by
the Village to the extent provided by law."
Section 3: Effective Date. This ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
APPROVED THIS 27th day of March, 2012.
Gopal G. Lalmalani
Village President
PASSED THIS 27th day of March, 2012.
Ayes: Trustees Aktipis Manzo, Mov, Wolin Yusuf and Zannis
Nays:
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ATTES :
AA4AY—,-A &,—,—
Charlotte K. Pruss
Village Clerk