The Batavia City Council approved ordinance 2025-066 on Dec. 1, granting a conditional use permit for a video-gaming room at Gammon Coach House, 3 S. Batavia Avenue.

The permit authorizes five video gaming terminals to be located in a dedicated back room separated from dining and bar areas. Council discussion centered on whether the location complies with state and local restrictions that bar gaming within 100 feet of a school or place of worship. Chief of Police Flowers told the council the Police Department and city staff believe the site may not comply with the Video Gaming Act or the city’s ordinance because of adjacent ministry space and youth activities at nearby churches. "Our concerns were that we did not believe that it was compliance, with the Video Gaming Act and that it was closer than 100 feet to a school or place of worship," the police chief said during the hearing.

John With, owner of Gammon Coach House, said he bought a state license and had paid for surveys and legal review. "All's I'm looking for is to have the same opportunity as all of the other places that have gaming," With said, arguing the gaming area is separate from the public dining space and that he has tried to address staff concerns.

Council members were split on whether the city should defer further to the Illinois Gaming Board’s finding or exercise local control. One motion to refer the item back to the planning commission for further fact-finding produced a 7–7 tie and failed after the mayor cast a tie-breaking vote. Later, a motion to approve the conditional use permit passed 8–6 on roll call.

The council’s action grants the local conditional use approval the Gammon Coach House application sought. Council members who voted against approval cited the proximity of youth programs and ministry activities and urged stronger local review of sight lines and property-line measurements. Supporters said the applicant had complied with state licensing and that denying the permit could unfairly disadvantage a long-standing downtown business.

The council did not attach additional conditions beyond the ordinance language approving the conditional use. The matter may still attract review or legal challenge based on differing interpretations of how to measure the 100-foot setback between licensed gaming establishments and places of worship or schools.

The council moved on to other agenda items after the vote.