At an Oct. 29, 2025 hearing, the DuPage County Board of Appeals heard public comment and testimony on petition 25046, a request to allow a video‑gaming cafe at Penny’s Place in the Blackhawk shopping center and to vary county separation rules.

The petitioner, Mike Thiesen, owner of Blackhawk Restaurant Group, told the board the establishment has operated at the site since May 2022 and has passed state gaming and liquor licensing checks as well as county health and fire inspections. "We've had no police activity. We've had no calls to our site," Thiesen said, and told the board the business had raised county tax revenue by about 15% from 2023 to 2024 and was projected to be up 21% in 2025.

Why it matters: Neighbors, civic leaders and legal advocates urged the board to deny the request, saying approving a variance would undermine the county’s codified 1,000‑foot buffer between video‑gaming locations and places of assembly, including schools and churches. Lehi Nelson, a nearby resident, told the board the proposed site is less than 1,000 feet from Saint Barnabas Episcopal Church and Arbor View Elementary School and is near Glenbard South High School athletic fields. "The Video Gaming Act … requires and empowers regulators like the zoning board to prevent undue concentration of video gaming," Nelson said, citing the Illinois Video Gaming Act (230 ILCS 40/25) and court precedents he said support denial.

Public comment: Greg Semaistrla, president of the Glenallen Woods civic association, objected on neighborhood‑appropriateness grounds. Alma O'Keefe, a long‑time neighbor, told the board she has witnessed gambling addiction’s effects on families and opposed expanding gaming in the area. The clerk read a written objection from Jane and Stan Wiedneyer into the record.

Petitioner’s case and record: Thiesen and the property owner’s attorney, Rich Fisher of Fisher and Hogan, LLC, presented a site survey and a site plan as petitioner exhibits and argued the use has operated for roughly 3½ years without reported public‑safety or code enforcement issues. Thiesen characterized the request as relief for an existing, nonconforming use, noting prior municipal and state approvals and warning that denial would cause loss of investment and jobs.

Board action and next steps: At the meeting’s outset the board approved a procedural motion to permit three members to appear remotely. The board then closed the evidentiary record for petition 25046 and set a recommendation meeting to consider the case on Dec. 4, 2025, at 5:30 p.m. No final decision on the conditional use or variances was made at the Oct. 29 meeting.

Details to note: Public commenters repeatedly cited the county's 1,000‑foot separation rule and referenced Illinois law by citation (230 ILCS 40/25) and two court cases described during public comment. The petitioner supplied a survey and site plan and emphasized tax and employment impacts; residents emphasized proximity to schools, churches and existing gaming establishments in the same shopping area.

What’s next: The DuPage County Board of Appeals will reconvene on Dec. 4, 2025, for a recommendation meeting; the board’s recommendation will then move forward under the county’s standard procedures for decision and any further appeals.