VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING MINUTES
Monday, August 21, 2023
Due to the COVID-19 pandemic, the Village Board meeting was conducted live remotely
via telecommunications.
CALL TO ORDER
Mayor Gaffino called the meeting to order.
ROLL CALL
In attendance: Mayor Mark Gaffino, Trustee Jason Christiansen, Trustee Laura Curtis, Trustee Mark Guethle, Trustee Mike Lowery, Trustee Todd Niedzwiedz
Staff in attendance: Village Administrator Steve Bosco, Finance Director Jason Paprocki, Community & Economic Development Director Nathan Darga, Village Attorney Kevin Drendel, Public Works Director Brian Richter, Police Chief Joe DeLeo.
AUDIENCE COMMENTS – None
TRUSTEE COMMENTS – None
DISCUSSION
1. Video Gaming Workshop
Administrator Bosco explained that the agenda item was related to the recent workshops pertaining to cleaning up the code. Video gaming was last in front of the Village Board at the end of 2021 when some changes were made.
Administrator Bosco presented to the Board where the Village was currently with code regarding video gaming. He stated that at the end of the presentation, the Board would discuss any changes they may like to see made. Those changes would then come back to the Committee of the Whole for any further discussion and then on to the Village Board for a change by ordinance approval.
The presentation reminded the Board that the Village requires a business to possess a Class S-V supplemental video gaming liquor license in order to offer video gaming. However, these licenses are limited to class A, B, C, J-1 and T liquor license holders. The S-V supplemental license required Village Board review and approval.
Bosco spoke about some of the supplemental video gaming license requirements, which included that
• video gaming must be supplemental to the business
• food must be cooked, prepared and/or served from a kitchen with an employee or employees on premises dedicated to cooking and/or food preparation at all times during business hours
• establishments must retain a minimum of 750 square feet for dining/video gaming purposes
• an initial floorplan at approval to stay similar in scope
He then spoke about the current established video gaming within the Village. He stated that there was video gaming currently in nine business establishments. Each establishment was allowed to have up to six video gaming machines, with a current total of 51 video gaming machines in the Village. The Village receives approximately $156,000 annually from video gaming. The registration of the machines yield the Village $17,250.
Bosco reminded the Board what the current definition of a video gaming parlor was. He stated that “video gaming parlor” means an establishment of which the primary purpose of video gaming and/or the service of alcohol and in which the service of food is only complimentary or accessory to the video gaming and/or service of alcohol. Video gaming parlors are prohibited in the Village of North Aurora. Administrator Bosco informed the Board that there had been two establishments that had been put on notice for acting like video game parlors, with a third establishment upcoming. Bosco then spoke about the process after an establishment is recognized as a video gaming parlor. He then spoke about the issues the Village encounters in enforcing the code.
Trustee Curtis asked why the Village is against video gaming parlors. Administrator Bosco reminded trustee Curtis that each time the issue had been brought before the Village Board, the Board had made it known they do not want video gaming parlors in the Village.
Bosco continued explaining the challenges of enforcing the code regarding video gaming.
Administrator Bosco invited the Village Board to offer feedback on the current code and any possible changes.
Trustee Guethle stated that he liked the idea of implementing a suggestion that Administrator Bosco had presented, the change would allow for the Village to be able to require a review of establishment’s revenue upon request. There was discussion regarding this as a possibility, with Attorney Drendel stating that this could currently be done without it being specifically in the code, however the discussion turned to whether or not it would be helpful to add it to the code. There was additional conversation regarding the possibilities of implementing the change to the code.
Trustee Curtis turned the conversation back to the question of why the Village requires video gaming to be tied to a restaurant, asking why a nail salon could not host video gaming. The state regulations were discussed, it was stated that the state requires an establishment to have a liquor license or possibly be a truck stop.
Mayor Gaffino stated that he preferred not seeing video gaming in every business.
There was further discussion on the limiting requirements in order to have video gaming in an establishment and why that is, the discussion circled back to the previously mentioned discussions in which the Village Board expressed their disapproval of video gaming parlors.
The Board then discussed the idea of implementing a year-long trial period prior to a restaurant receiving their video gaming license. Ultimately the Board deciding that enforcing a year-long waiting period may hinder a restaurant at a time when they could be struggling, it could also drive new development to surrounding towns.
The Village Board continued to discuss their thoughts on how the Village could prevent an establishment from circumventing the rules established in the code.
Trustee Niedzwiedz suggested allowing establishments that qualify, one machine per an established square footage requirement. Attorney Drendel stated that this could be accomplished through a change in the liquor code.
The Board then spoke about what they could do to limit an establishment’s gaming related signage in their windows. Community & Economic Development Director Nathan Darga stated that it was challenging to regulate because the Village could not regulate content, however it could regulate size and location. Attorney Drendel explained that if the majority of the content of the signage refers to video gaming, it implies that an establishment is a gaming parlor and that may be the approach the Village could take in having it removed.
Administrator Bosco explained that while the signage issue can be enforced without a change in the code, it would be more helpful to add it to the code to make enforcement easier. He said that adding a metric to the code makes the code easier to enforce and acts as a deterrent to businesses that intend on running gaming parlors.
Attorney Drendel suggested adding to the supplemental liquor license, a requirement for a business to sign off on a representation that the majority of their sales would come from the sale of liquor and not gaming.
Bosco added that coupling Drendel’s suggested requirement with the Village’s right to review the business’ books would elevate the Village’s position in preventing gaming parlors in the Village.
In addition, the Board suggested that they would like to see staff look into solutions for preventing or limiting gaming signage and marketing mailers that suggest a business is a gaming parlor.
Trustee Niedzwiedz asked if whether a supplemental video gaming license is automatically renewed. Attorney Drendel stated that once an establishment is given a liquor license, it becomes a property right and cannot be taken away without due process.
Administrator Bosco gave a more recent example of such an event within the Village.
Administrator Bosco gave a recap of what had been discussed and what the staff would look further into before returning to the Committee of the Whole. He stated that they would look into adding a provision to the supplemental gaming license requiring owners to commit to the idea that the majority of their sales would be coming from food and/or liquor rather than gaming while also giving the Village the opportunity to review the business’ financial records to validate that. Staff would look into a limitation on advertising, as well as square footage requirements per machine.
2. No Parking Areas
Administrator Bosco informed the Village Board that some parking issues had been brought to the Village’s attention in recent history which prompted a full inventory of all areas. The inventory revealed that is some cases there were signs placed that had not been codified in the Village Municipal Code as well as signs that had been codified but not physically placed.
Staff created a comprehensive list of proposed areas where they would like the Board to consider adding signage.
Bosco stated that the list presented to the Village Board encompassed new proposed signage but also signage that had been approved in the past but not codified.
Public Works Director Brian Richter explained that the circumstances that lead to “No Parking” signage are when there is a significant amount of on street parking causing difficulties for Village operations and/or emergency response vehicles; arterial roadways with high traffic volume, where cars may cause safety issues and disrupt the traffic flow; uncurbed roadways where parking would cause damage to the edge of the road; locations where parked vehicles create sight line and sight distance concerns. Richter then went through the proposed “No Parking” areas for the Board.
The Village Board discussed and made suggestions for signage on additional streets not included in the staff list.
EXECUTIVE SESSION – None
ADJOURNMENT
Motion to adjourn made by Trustee Lowery and seconded by Trustee Curtis. All in favor. Motion approved.
Respectfully Submitted,
Jessi Watkins
Village Clerk
