Bill Would Give Municipalities More Flexibility Over Video Gaming
The Illinois General Assembly legalized video gaming almost five years ago, although it took some time for the Gaming Board to adopt rules and start processing license applications. Since the Video Gaming Act was enacted, some municipalities have banned video gaming altogether, and others have no ban or other regulations in place, allowing bars, taverns, and other licensed establishments to establish a gaming presence without municipal regulation. In the middle lie all of those municipalities that would like to lift their gambling ban, but may not want to open up gaming in all establishments that hold a liquor license.
While there certainly seems to be adequate authority for a municipality to control the number of video gaming licenses through its liquor license authority, the Video Gaming Act is not clear at all as to whether municipalities have that type of flexibility. Enter SB 3419, a bill recently introduced to give some flexibility to municipalities beyond (1) establishing a complete gaming ban or (2) opening the door to video gaming in all licensed establishments.
SB 3419 would amend the Video Gaming Act to allow a municipality to adopt an ordinance to determine the number of video gaming licenses allowed in the municipality. A municipality cannot, however, take away a gaming license from an establishment that has already been issued one as of the date of the statutory amendment.
The amendment adds the underlined language to Section 27 of the Act:
Sec. 27. Prohibition of video gaming by political subdivision.
A municipality may pass an ordinance prohibiting video gaming within the corporate limits of the municipality. A county board may, for the unincorporated area of the county, pass an ordinance prohibiting video gaming within the unincorporated area of the county. Any municipality and any county board, for the unincorporated area of the county, shall have the power by ordinance to determine the number of licenses to be issued to licensed establishments, licensed fraternal establishments, licensed veterans establishments, and licensed truck stop establishments located within the borders of the municipality or unincorporated area of the county; however, the number of licenses issued to licensed establishments, licensed veterans establishments, and licensed truck stop establishments shall not be lower than the number of liquor licenses issued or otherwise allowed by ordinance and the number of licensed truck stop establishments, licensed veterans establishments, and licensed truck stop establishments in the municipality or unincorporated area of the county on the date that an ordinance limiting the number of licenses is enacted. The municipality or county board shall inform the Board of such an ordinance within 30 days after its enactment.
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