HomeMy WebLinkAbout098-O-23 Amending City Code Section 9-5-8, “Gambling” to Provide Exceptions to the Gambling Prohibition
10/02/23
98-O-23
AN ORDINANCE
Amending City Code Section 9-5-8, “Gambling” to Provide Exceptions
to the Gambling Prohibition
WHEREAS, the Evanston City Council determined it is in the best interest
of the City of Evanston to amend its gambling prohibition to allow minor gambling in
narrow circumstances; and
WHEREAS, the Evanston City Council finds that it is in the best interest of
the City of Evanston to amend the City Code to reflect these changes; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Section 9-5-8 “Gambling” of the Evanston City Code of
2012, as amended, is hereby further amended as follows:
9-5-8. GAMBLING.
9-5-8-1. GAMBLING HOUSE, ESTABLISHMENTS; PUBLIC NUISANCE.
(A) Maintaining Gambling Establishments Prohibited: No person shall set up, keep or
maintain, or permit to be set up, kept or maintained, in any house or place within
the corporate limits of the City occupied or controlled by that person:
1. Any instrument, device or thing for the purpose of gambling or with which
money, property or anything representing money or property, or anything of
value, shall in any manner be played for except as provided by the Illinois
Lottery Law 20 ILCS 1605/1 et seq., the Illinois Bingo License and Tax Act 230
25/1 et seq., and the Illinois Charitable Games Act 230 ILCS 30/1 et seq.; or
2. Any book, instrument or device for the purpose of taking, recording or
registering bets or wagers, or for selling pools upon the result of any game,
contest of skill or chance, political nomination, appointment or election.
Any person who violates this 9-5-8-1 shall be fined not less than two hundred dollars
($200.00) nor more than five hundred dollars ($500.00) for each offense.
~1~
Page 1 of 3 Doc ID: 0b0f9894f246faef000baf8a794783378a0bf49d
98-O-23
~2~
(B) Establishments Declared Public Nuisances: Every house, room, yard, boat, vessel
or other structure or premises kept or used for the purpose of permitting persons to
gamble for money, property or anything representing money or property, or
anything of value, within the corporate limits of the City is hereby declared a public
nuisance. Any person who owns, keeps, maintains or conducts or who has interest
in owning, keeping, maintaining, managing or conducting any such place, shall be
fined not less than two hundred dollars ($200.00) nor more than five hundred
dollars ($500.00) for each public nuisance offense. Additionally, nuisance
abatement measures may be instituted pursuant to 9-5-4 of this Code.
(C) Exemptions: Individuals are permitted to gamble or wager if
i) the value of the property used to gamble is at or below $100 per participant
ii) the game is time-limited to one date and does not exceed a 24-hour period
iii) the game does not occur between the hours of 2:00 a.m. and 8:00 a.m.
iv) the attendance in the house or facility is ten (10) people or fewer
v) no entity makes any profit from the event such as a cover charge or price to play
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this Ordinance 98-O-23 or application
thereof to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this Ordinance that can be
given effect without the invalid application or provision, and each invalid application of
this Ordinance is severable.
SECTION 4: Ordinance 98-O-23 shall be in full force and effect after its
passage and approval.
SECTION 5: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Page 2 of 3 Doc ID: 0b0f9894f246faef000baf8a794783378a0bf49d
98-O-23
~3~
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
October 10
November 27
Page 3 of 3 Doc ID: 0b0f9894f246faef000baf8a794783378a0bf49d
November 29