Chapter 5: Amusements, Video Gaming, Raffles

Sec. 5-1. Application of Article

The provisions of this article shall apply to all public shows, theatricals, circuses and other amusements in
the municipality, whether or not specifically licensed in another article of this chapter.

Sec. 5-2. License Required

It shall be unlawful to conduct or operate any amusement which is regulated by this chapter without
having first secured a license therefore.

Cross reference - Licenses generally, 10-1 et seq.

Sec. 5-3. Applications for Licenses

Applications for such licenses required by this article shall be made to the Village Clerk, and shall comply
with the provisions of section 10-1.

Sec. 5-4. License Fees

A. The license fees for amusements shall be in accordance with the article or section which governs the
particular amusement.

B. Where no license fee is specifically provided for in this chapter, the fee shall be as follows:

a. Menageries $30.00 per day

b. Exhibitions of inanimate objects $10.00 per day

c. Merry-go-rounds $20.00 per day

d. Other amusements $20.00 per day

Sec. 5-5. Order of Board of Trustees Required for Issuance of Permit to Hold Amusement on Public

Property.

No permit for any carnival, circus, exhibition, show or other amusement to be given on any public street or
sidewalk or in such a place that the only main accommodation for the public or the audience will be in a public
place, except on order of the Board of trustees.

Sec. 5-6. Order and Overcrowding

A. The audience of any amusement, show or theatrical must be orderly and quiet at all times, and it shall
be unlawful for any person attending such amusement, show or theatrical to create a disturbance in the
audience.

B. It shall be unlawful to permit or gather such a crowd to witness any amusement or show as to create a
dangerous condition because of fire or other risks.

Sec. 5-7. Inspections

It shall be the duty of the police officers of the Village to see that every exhibition, amusement, theatrical
or other public show or amusement is inspected by a member of the police department, and to insure
conformity with the provisions of this chapter.

Sec. 5-8. Permit Required for Coin-Operated Amusement Devices; Fee

A. It shall be unlawful to maintain for the use of patrons of any store, tavern or place of amusement, or
for the use of the public, any device for creating, transcribing or producing music or any other type of
amusement which is operated by the deposit or insertion of a coin or slug without having first obtained
a permit therefore.

B. The annual fee for the first five-coin operated amusement devices permitted by this section shall be
twenty-five dollars ($25.00) in total; for each such coin operated amusement device thereafter, the
annual fee for the permit shall be ten dollars ($10.00).

Cross reference - Permits generally, 10-1 et seq.

Sec. 5-9. Permit Required for Exhibition of Wild Animals

Exhibitions or parades of animals which are wild by nature in the eyes of the law may be conducted only
upon securing a permit from the Village Clerk.

Cross reference - Permits generally, 10-1 et seq.

Sec. 5-10. - 5-19. Reserved

Sec. 5-20. License Required

No person shall operate, maintain or conduct a billiard, pool, bagatelle or pigeon hole table open to the
public without having first obtained a license therefore.

Cross reference - Licenses generally, 10-1 et seq.

Sec. 5-21. Application for License; Contents

Applications for a license required by this article shall be made in writing to the Village Clerk and shall
state thereon the intended location of the place of business and the number of tables to be used therein.

Sec. 5-22. License Fee

The annual license fee for a license required by this article shall be ten dollars ($10.00) for the first table
and five dollars $5.00) for each additional table.

Sec. 5-23. - 5-32. Reserved

Sec. 5-33. License Required

No person shall operate or maintain a bowling alley open to the public without having first obtained a
license therefore.

Cross reference - Licenses generally, 10-1 et seq.

Sec. 5-34. Applications for License

Application for a license required by this article shall be made in writing to the Village Clerk and shall
state thereon the intended location of the place of business and the number of alleys to be used therein.

Sec. 5-35. License Fee

The annual fee for a license required by this article shall be ten dollars ($10.00) for first alley and five
dollars ($5.00) for each additional alley.

Sec. 5-36. Licensing and Regulations

Section 1. Definitions. For the purpose of this ordinance the terms defined in the Section have the
meanings given them.

Net Proceeds means the gross receipts from the conduct of raffles, less reasonable sums expended for
prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle.

Raffle means a form of lottery, as defined in Section 28 -2 (b) Ch. 38, IL Rev. Statutes, conducted by an
organization licensed under this Ordinance, in which:

A. The player pays or agrees to pay something of value for a chance, represented and differentiated by a
number or by a combination of numbers or by some other medium, one or more of which chances is to
be designated the winning chance.

B. The winning chance is to be determined through a drawing or by some other method based on an
element of chance by an act or set of acts on the part of persons conducting or connected with the
lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited
sporting contest.

Section 2. Licensing.

A. The Board of Trustees may establish a system for the licensing of organizations to operate raffles. The
licensing system shall provide for:

a. the aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle
shall not exceed $30,000.00

b. the maximum retail value of each prize awarded by a licensee in a single raffle shall not
exceed $12,000.00

c. the maximum price which may be charged for each raffle chance issued or sold shall not
exceed $100.00

d. the maximum number of days during which chances may be issued or sold shall not exceed
120 days.

The Board of Trustees may require a fee for each license in such in an amount as may be
from time to time determined, and the Board may waive such fee where determined to be in the public
interest. Licenses pursuant to this ordinance shall be valid for one raffle and may be rescinded or
revoked for any violation of this ordinance. The Board of Trustees shall act on a license application
within 30 days from the date of application.

B. Licenses shall be issued only to a bona fide religious, charitable, labor, business, fraternal, educational
or veterans' organizations that operate without profit to their members and which have been in
existence continuously for a period of 5 years immediately before making application for a license and
which have had during that entire 5 year period a bona fide membership engaged in carrying out their
objects, or to a non -profit fund raising organization that the licensing authority determines is
organized for the sole purpose of providing financial assistance to an identified individual or group of
individuals suffering extreme financial hardship as the result of an illness, disability, accident or
disaster.

For the purposes of this Act, the following definitions apply. Non -profit: An organization or institution
organized and conducted on a not -for-profit basis with no personal profit inuring to any one as a result of the
operation. Charitable: An organization or institution organized and operated to benefit an indefinite number of
the public. The service rendered to those eligible for benefits must also confer some benefit on the public.
Educational: An organization or institution organized and operated to provide systematic instruction in useful
branches of learning by methods common to schools and institutions of learning which compare favorably in
their scope and intensity with the course of study presented in tax -supported schools. Religious: Any church,
congregation, society, or organization founded for the propose of religious worship. Fraternal: An organization
of persons having a common interest, the primary interest of which is to both promote the welfare of its
members and to provide assistance to the general public in such a way as to lessen the burdens of government
by caring for those that otherwise would be cared for by the government. Veterans: An organization or
association comprised of members of which substantially all are individuals who are veterans or spouses,
widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and
to provide assistance to the general public in such a way as to confer a public benefit. Labor: An organization
composed of workers organized with the objective of betterment of the conditions of those engaged in such
pursuit and the development of a higher degree of efficiency in their respective occupations. Business: A
voluntary organization composed of individuals and businesses who have joined together to advance the
commercial, financial, industrial and civic interest of a community.

Section 3. License - Application - Issuance - Restrictions - Persons Ineligible. Licenses Issue d by the
Board of Trustees are Subject to the Following Restrictions:

1. No person, firm or corporation shall conduct raffles or chances without having first obtained a license
therefore pursuant to this ordinance.

2. The license and application for license must specify the area or areas within the licensing authority in
which raffle chances will be sold or issued, the time period during which raffle chances will be sold or
issued, the time of determination of winning chances and the location or locations at which winning
chances will be determined.

3. The license application must contain a sworn statement attesting to the not -for-profit character of the
prospective licensee organization, signed by the presiding officer and the secretary of that organization.

The following are ineligible for any license under this Ordinance:

a. Any person who has been convicted of a felony;

b. Any person who is or has been a professional gambler or gambling promoter;

c. Any person who is not of good moral character;

d. Any firm or corporation in which a person defined in (a), (b) or (c) has a proprietary, equitable or
credit interest, or in which such a person is active or employed;

e. Any organization in which a person defined in (a), (b) or (c) is an officer, director, or employee,
whether compensated or not;

f. Any organization in which a person defined in (a), (b) or (c) is to participate in the management or
operation of a raffle as defined in this Ordinance.

Section 4. Conduct of Raffles.

The Conducting of the Raffles is Subject to the Following Restrictions:

1. The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the
organization permitted to conduct that game.

2. No person except a bona fide member of the sponsoring organization may participate in the
management or operation of the raffle.

3. No person may receive any remuneration or profit for participating in the management or operation of
the raffle.

4. A licensee may rent a premises on which to determine the winning chance or chances in a raffle only
from an organization also licensed under this Ordinance.

5. Raffle chances may be sold or issued only within the area specified on the license and winning
chances may be determined only at those locations specified on the license.

6. No person under the age of 18 years may participate in the conducting of raffles or chances. A person
under the age of 18 years may be within the area where winning chances are being determined only
when accompanied by his parent or guardian.

Section 5. Raffles - Manager - Bond.

All operation of and the conduct of raffles shall be under the supervision of a single raffles manager
designated by the organization. The manager shall give a fidelity bond in the sum of an amount determined by
the Board of Trustees in favor of the organization conditioned upon his honesty in the performance of his
duties. Terms of the bond shall provide that notice shall be given in writing to its cancellation. The Board of
Trustees may waive this bond requirement by including a waiver provision in the license issued to an
organization under this Ordinance, provided that a license containing such waiver provision shall be granted
only by unanimous vote of the members of the licensed organization.

Section 6. Records.

A. Each organization licensed to conduct raffles and chances shall keep records of its gross receipts,
expenses and net proceeds for each single gathering or occasion at which winning chances are

determined. All deductions from gross receipts for each single gathering or occasion shall be
documented with receipts or other records indicating the amount, a description of the purchased item
or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be
itemized as to payee, purpose, amount and date of payment.

B. Gross receipts from the operation of raffle programs shall be segregated from other revenues of the
organization, including bingo gross receipts, if bingo games are also conducted by the same nonprofit
organizations pursuant to license therefore issued by the Department of Revenue of the State of
Illinois, and placed in a separate account. Each organization shall have separate records of its raffles.
The person who accounts for gross receipts, expenses, and net proceeds from the operation of raffles
shall not be the same person who accounts for other revenues of the organization.

C. Each organization licensed to conduct raffles shall report monthly to its membership, and to the Board
of Trustees, its gross receipts, expenses and net proceeds from raffles, and the distribution of net
proceeds itemized as required in this Section.

D. Records required by this Section shall be preserved for 3 years, and organizations shall make available
their records relating to operation of raffles for public inspection at reasonable times and places.

Section 7. Sentence.

Violation of any provision of this Ordinance shall be punished by a fine of not more than $500. Each day
any violation of any provision of this ordinance shall constitute a separate offense.

Section 8.

Nothing in this Ordinance with the exception of any video and lottery games permitted by the State of
Illinois Gaming Commission shall be construed to authorize of any gambling scheme, enterprise, activity or
device other than raffles as provided for herein. (Ord. 2012-8; 8/13/12)

Sec. 5-37. - 5-39. Reserved

Section 5-40. Raffle License Application.

The Village Treasurer, or another Village Official so designated via a resolution of the corporate
authorities, shall act on a license application within thirty (30) days from the date of application. At his or her
sole discretion, in lieu of unilaterally acting on a raffle license application as set forth above, the Village
Treasurer, or other Village official so designated via a resolution of the corporate authorities, shall have the
authority to send a raffle license application to the Village Board of Trustees for review and approval. Any
decision made by the Village Board of Trustees pursuant to such a request shall occur within thirty (30) days
of receipt of the application by the Village.

If the Village Treasurer, or other Village Official so designated above, denies a raffle license
application submitted in accordance with this Section, the applicant shall have a right to appeal said denial to
the Village board of Trustees. If the applicant desires to appeal a denial of a raffle license application
submitted in accordance to this Section, the applicant shall notify the Village, in writing, of its intention to
appeal within fourteen (14) days of the receipt of the written denial. Failure to do so will result in the waiver of
any rights to appeal the denial with the Village. If a party in interest desires to appeal an approval of a raffle

license application submitted in accordance with this Section, the party in interest shall notify the village, in
writing, of its intention to appeal within fourteen (14) days of the approval. Failure to do so will result in the
waiver of any rights to appeal the approval with the Village.

When a timely notice of appeal is received by the Village, the appeal will be placed as an action item
on the agenda for an upcoming regularly -scheduled Village Board of Trustees Meeting and shall be heard and
decided within thirty (30) days of receipt by the Village.

Section 5-42. Licensing Fees.

The application fees are non-refundable, even in the event that the raffle application is rejected by the
Village or the raffle is canceled.

Section 5-44. Raffle Manager/Fidelity Bond.

The Village may waive the bond requirement with respect to a Class A license by including a waiver
provision in the licen ses issued to an organization under this Article, provided that such waiver provision is
reviewed and approved by the Village and also provided that a license containing such waiver provision shall
be granted only by unanimous vote of the licensed organization. (Ord 2025-3; 2/24/25)

Sec. 5-46. License Required

No person shall conduct or operate a circus or carnival in the Village without having first obtained a
license therefore.

Sec. 5-47. Application for License; Contents

The application for a license required by this article shall be made to the Village Clerk and shall specify
the place in or on which the circus or carnival is to be conducted.

Sec. 5-48. License Fee

A. The fee for a circus or carnival license shall be one hundred dollars ($100.00) for each day during
which the circus or carnival is conducted or open to the public.

B. An additional fee of twenty-five dollars ($25.00) per day for each side -show and concession operated
in connection with a circus or carnival shall be paid.
ARTICLE VI. VIDEO GAMING

Sec. 5-49. A. Video gaming terminals shall be permitted in and upon the premises used or occupied as a place

where alcoholic liquor is sold or given away if each of the following conditions are met.

a. The licensee or agent of the licensee has obtained a video gaming terminal license issued by

the Village of Durand in accordance with Chapter 4, Article II of the Code of Ordinances.

i. An application for a video gaming terminal license may be obtained from the Village
Clerk. Upon submittal of a fully completed application and payment of the annual
license fee (as set forth below), the Village Clerk shall forward such application to
the Village Board for consideration. No license shall be issued except upon approval
by the Village Board. To the extent a license application is not approved, any license
fee paid by the applicant shall be refunded to the applicant within 30 days of the
denial of the license; and

b. The use and placement of such terminals is in compliance with the provisions of the Video
Gaming Act (230 ILCS § 40/1 et seq.) as amended; and

c. The use and placement of such terminals is in compliance with the provisions of all rules
promulgated by the Illinois Gaming Board pursuant to the Illinois Administrative Procedures
Act; and

d. The licensee or agent of the licensee:

i. Files with the Village Clerk a copy of the licensee's written use agreement with the
terminal operator for placement of the video gaming terminals and a copy of the
license issued by the Illinois Gaming Board; and

ii. Pays to the Village an annual fee of $125.00 for each video gaming terminal in or
upon the premises beginning with the renewal or issuance of the licensee's liquor
license in 2022. This fee shall increase to $250.00 for each video gaming terminal in
or upon the premises beginning with the renewal or issuance of the licensee's liquor
license in 2023. The cost of this annual fee shall be shared equally between the
terminal operator and the applicable licensed establishment.

B. No video gaming terminal that is permitted under the provisions of this section may be played except
during the legal hours of operation allowed for the consumption of alcoholic beverages on the licensed
premises.

C. If a licensee violates any provision of the Illinois Gaming Act or rules or regulations of the Illinois
Gaming Board or any provisions related to video gaming terminals contained in this Section, such
violation shall be deemed a violation of the licensee's liquor license (Ord. 2022-1; 1/10/22)

Sec. 5-50. If any section, paragraph, subsection, clause, sentence or provision of this Ordinance shall be adjudged by

any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify
the remainder thereof, which remainder shall remain and continue in full force and effect. (Ord. 2012 -8;
8/13/12)

Sec. 5-51. [Printed Page 53]

All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict. (Ord. 2012-8; 8/13/12)

Sec. 5-52. This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet

form (which publication is hereby authorized) as provided by law. (Ord. 2012-8; 8/13/12)

State law references - Authority of Village to license and regulate bowling alleys, Ill. Rev. Stat., Ch. 24, 11-42-
2; minors under age of sixteen years prohibited from working in bowling alleys,
Ch. 48, 31.7; bowling alley defined under liquor control act, Ch. 43. 95.26.

1State law reference - Authority of Village to license and regulate amusements generally, Ill. Rev. Stat., Ch. 24,
11-42-5.

2State law references - Authority of Village to license and regulate pool and other similar tables, Ill. Rev. Stat.,
Ch. 24, 11 -42-2; minors under age of sixteen years of age prohibited from working in pool halls, Ch. 48,
31.7.

3State law references - Authority of Village to license and regulate bowling alleys, Ill. Rev. Stat., Ch. 24, 11 -
42-2; minors under age of sixteen years prohibited from working in bowling alleys, Ch. 48, 31.7; bowling alley
defined under liquor control act, Ch. 43, 95.26.

4Cross reference - Licenses generally, 10-1 et seq.
5Cross reference - Licenses generally, 10-1 et seq.