Batavia City Council mulling changes to city’s video gambling regulations

Batavia is looking at changes to its code that could limit the number of video gambling establishments in the city.

The city’s code already has some rules on video gambling, but revisions currently being discussed by the City Council could further restrict it, including a possible cap on the number of establishments in the city allowed to operate with video gambling.

The topic was discussed by the Batavia City Council’s Committee of the Whole in May, after the city’s plan commission requested regulations be considered to avoid the “overproliferation of gaming in the downtown,” a city memo included in Monday’s Committee of the Whole meeting agenda said. The committee in May requested staff look at changes to the city code concerning video gambling and bring them forward for discussion.

There are currently 13 video gambling licenses in the community — with eight in the downtown district, as well as another application that’s currently pending, per the city. Among the establishments that offer video gambling are restaurants, bars, fraternal organizations and a few other venues.

A proposed draft ordinance could limit the city to issuing a maximum of 14 licenses citywide, and cap the number of licenses allowed in the downtown mixed-use district to nine, to account for the pending application.

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

The draft ordinance also includes language, similar to the liquor code, to require there be no open building or zoning violations on the property to grant a video gambling license, and that no payments are owed to the city, the city memo on the proposed ordinance notes. The draft text also includes language allowing the mayor, who serves as the liquor commissioner, to revoke a license for repeated violations of underage gambling or underage drinking, or a combination of both.

These regulations, as well as other related questions regarding the proposed ordinance, were addressed in a lengthy discussion at a Batavia City Council Committee of the Whole meeting Monday.

Alderwoman Abby Beck, who was in favor of limiting the number of establishments able to have video gambling, asked about the possibility of capping the number of establishments, a proposal that appeared to have a slim majority of support.

Aldermen Tony Malay and Bob White both spoke of an overall cap being a beneficial means of enforcement because it gives the city more discretion when it comes to approving or not approving a video gambling license, and could be adjusted up or down at a later date.

Also speaking in support of a cap, Alderman Kevin Malone characterized the matter as a land use issue, saying that if a business says they will fail without gaming machines, that means the city is essentially helping a business that may not be able to stay afloat otherwise.

Other members of the city council disagreed.

Alderman Tim Lanci, for example, said he’s supportive of looking at where the machines are, the signage they have and maybe how many can be in a certain area. But an “all-out limit,” he said, is a “touchy subject.”

Alderman Christopher Solfa called the proposal “micromanaging,” and said he hasn’t seen a proliferation of gambling establishments in the city at this point.

And Alderwoman Jennifer Baerren asked what issue the city was trying to solve by this ordinance, pointing to concern about not having enough foot traffic in the downtown area.

“I think that there are other things that we need to be focused on to help make our downtown vibrant,” Baerren said.

The question of restrictions on how much separation is required between a gambling establishment and places like churches and schools also generated considerable discussion at Monday’s meeting.

Beck said state law already limits how close video gambling can be to schools and churches, but that the city could add places like day cares, parks and libraries to that list. She also noted that the city having its own rules on how close video gambling can be to certain types of land uses essentially takes some control away from the state and establishes clear rules on the issue.

So, Beck asked the council members whether they supported a 100-foot separation requirement, and about the types of land uses that video gambling machines must be a certain distance from. She also brought up the matter of allowing existing establishments to be allowed to continue operating in their locations, even if they are ultimately in violation of new requirements the city institutes.

Council members discussed permanent grandfathering for existing establishments, or potentially allowing one sale of an existing property with the new rules not applying and then video gambling not being allowed beyond that.

A number of council members expressed support for some kind of setback requirement, but there was disagreement over how to potentially grandfather existing establishments.

The council members also discussed possible penalties for violations of the city’s video gambling provisions, which also is part of the proposed revisions to the city’s code.

The council ultimately agreed on coming back to consider two separate ordinances addressing the cap and the 100-foot setback requirement from schools and churches and grandfathering for existing establishments.