Batavia committee recommends approval of changes to city’s video gambling regulations

Proposed changes to Batavia’s video gambling regulations may soon head to the city council for a final vote.

On Sept. 29, the Batavia City Council’s Committee of the Whole recommended for approval measures that would, if approved, limit the number of establishments with video gambling and impose certain criteria on where they can be located.

A final city council vote is expected on Monday, Oct. 5.

Modifying Batavia’s existing regulations has been under discussion for months in the city.

There are 13 video gambling licenses in the community, including eight in the downtown district, and one pending application, according to the city. Establishments offering video gambling include restaurants, bars, fraternal organizations, and a few other venues.

The proposed changes include limiting the number of licenses citywide to 14 and capping the number of licenses allowed in the downtown mixed-use district to nine. This accounts for the pending application.

The proposed limitations would also place restrictions on things like how much separation is required between a gambling establishment and places like churches and schools.

The matter was discussed by the Committee of the Whole in July, at which point there were mixed opinions about the changes. The council’s members, at that point, decided to split the proposed regulations up into different items, and come back to address them separately in the future.

At the Sept. 29 meeting, three ordinances were under consideration: one limiting the number of video gambling establishments allowed in the city, another establishing location criteria, and a third making video gambling establishments permitted uses in all zoning types where it’s currently allowed, rather than as a conditional use.

On the ordinance that would limit the overall number of establishments, the city has indicated that the committee of the whole could raise or lower the limit as license holders applied and surrendered their licenses.

Still, the proposal generated pushback from some members of the city council, like Alderman Tim Lanci, who called a cap a “barrier to entry” for businesses.

“We’re looking to fill spaces, not empty them,” Lanci said.

Alderman Christopher Solfa, meanwhile, said he doesn’t think there’s anything wrong with the current regulations, and that there haven’t been problems with what they have now.

“I … think we’re overregulating things,” Solfa said, “and I think … it’s based on personal views.”

Others spoke more favorably of the proposed change.

Alderman Tony Malay said he feels the suggestion is a “good compromise” and gives the city council more control. While Alderman Kevin Malone said he supports splitting up the downtown from the rest of the city concerning the gambling licenses to give the city more discretion.

The ordinance was ultimately recommended for approval, with Aldermen Alan Wolff, Solfa and Lanci voting against it.

On the second ordinance, the committee considered regulations limiting where video gambling establishments can be located.

The council’s members were presented with several options for such limitations. Under one option, such establishments could not abut a religious institution or school, according to a memo from the city. Under an alternative proposal, they would need to be located at least 100 feet from a property line of a school or religious institution. A third option says they must be at least 100 feet from the property line of a school, religious institution or park.

The council reached consensus on the second option — prohibiting video gambling establishments from being located within 100 feet of schools or religious institutions.

The final ordinance recommended for approval makes video gambling establishments a permitted use in all districts where it is currently allowed, rather than being a conditional use.

As a conditional use, there are specific findings the city has to have to grant or not grant a conditional use. With the proposed cap, approval would be essentially at the city’s discretion.

That ordinance also adds a definition for a “video gaming cafe,” but continues to prohibit such a use in the city, according to a memo.

The ordinances will go to the full city council for final approval. That vote is expected to happen during Monday’s city council meeting.

mmorrow@chicagotribune.com