O-09-21VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -21
AN ORDINANCE PROHIBITING VIDEO GAMING
WITHIN THE VILLAGE OF DEERFIELD
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
19thday of October , 2009.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of October , 2009.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -21
AN ORDINANCE PROHIBITING VIDEO GAMING
WITHIN THE VILLAGE OF DEERFIELD
WHEREAS, the Illinois Video Gaming Act (Public Act 96 -0034) authorizes video
gaming and the operation of video gaming terminals at certain types of establishments within the
State of Illinois; and
WHEREAS, Section 27 of the Illinois Video Gaming Act provides that a municipality
may pass an ordinance prohibiting video gaming within the corporate limits of the municipality;
and
WHEREAS, the Village of Deerfield is also a home rule unit of local government under
the provisions of Article VII, Section .6 of the Illinois Constitution; and
WHEREAS, except as limited pursuant to Article VII, Section 6, the Village of
Deerfield, as a home rule unit of local government, has the authority to exercise any power and
perform any function pertaining to its government and affairs, including but not limited to the
power to regulate for the protection of the public health, safety and welfare; and
WHEREAS, the corporate authorities of the Village of Deerfield find and determine that
is in the best interests of the Village and its residents for the Village to prohibit video gaming
within the Village of Deerfield, and that the prohibition of video gaming in the Village as
otherwise authorized by the Illinois Video Gaming Act will promote the public welfare and
public safety; and
WHEREAS, this ordinance is being enacted pursuant to both the statutory authority
provided by Section 27 of the Illinois Video Gaming Act and also pursuant to the powers which
the Village of Deerfield has under the Illinois Constitution as a home rule unit of local
government; and
WHEREAS, it is the intent of the corporate authorities of the Village of Deerfield in
enacting this ordinance to prohibit video gaming and the operation of video gaming terminals
within the corporate limits of the Village of Deerfield as would otherwise be allowed under the
Illinois Video Gaming Act.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: The recitals to this ordinance as set forth above are hereby incorporated
into and made a part of this ordinance.
SECTION 2: That Article 2 (Offenses Against Public Morals) of Chapter 15 (Morals
and Conduct) of the Municipal Code of the Village of Deerfield be and the same is hereby
amended to add the following as Section 15 -19.1 thereof:
Sec. 15 -19.1. Video Gaming Prohibited.
(a) Video gaming is prohibited within the corporate limits of the Village of Deerfield.
For purposes of this ordinance, video gaming means the possession, use or operation of
any electronic video game machine 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.
(b) No person shall possess, or maintain any video gaming terminal within the
corporate limits of the Village of Deerfield, except that a person may possess a video
gaming terminal if the terminal is in the process of being transported to a location outside
the corporate limits of the Village of Deerfield.
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(c) Terms used in this Section 15 -19.1 that are also used in the Video Gaming Act
(Public Act 96 -0034) shall have the same meaning in this ordinance as in the Video
Gaming Act.
(d) Any person convicted of violating this Section 15 -19.1 shall be subject to a fine of
not less than $75.00 or more than $500.00 for each offense. A separate offense shall be
committed each time a person operates a video gaming terminal in a manner that violates
Section 15- 19.1(a) of this ordinance. A separate offense shall be committed each 24 hour
period, or part thereof, that a person is in possession of or maintains a video gaming
terminal in violation of Section 15- 19.1(b) of this ordinance or is in possession of any
other electronic gaming machine that can be used for video gaming in violation of
Section 15- 19.1(a) of this ordinance.
(e) Any video gaming terminal and any other electronic gaming machine that can be
used for video gaming that is the subject of a violation of Section 15 -19.1 of this
Ordinance shall be subject to seizure and shall be subject to forfeiture upon a finding of
guilty of any person for a violation of this ordinance. Upon appropriate order of court or
administrative hearing officer, said video gaming terminal or other electronic gaming
machine shall be destroyed.
SEC'T'ION 3: If any section, subsection, paragraph, sentence, clause, phrase or provision
of this Ordinance or the application thereof to any person or circumstance is, for any reason, held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
to be a separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portions of this ordinance or the application of such portion to other persons or
circumstances.
SECTION 4: This ordinance and each of its terms shall be the effective legislative act of
a home rule municipality without regard to whether such ordinance should (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law, or (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this ordinance
should be inconsistent with any non - preemptive state law, that this ordinance shall supersede
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state law in that regard within its jurisdiction.
SECTION 5: This ordinance shall be in full force and effect upon its passage and
approval and shall subsequently be published in pamphlet form as provided by law.
PASSED this 19th day of October , 2009.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 19th day of October , 2009.
ATTEST:
Villa e Clerk
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Village Pres,dent