DuPage committee: 19 gaming businesses deemed legal nonconforming; Lucky 7 to face county board reconsideration

Chair Tornatore told the DuPage County Development Committee that the state's attorney's office, after consulting with county staff, has concluded that SMM and other entities are "essentially legal nonconforming uses, meaning they're allowed to do business in the county under our code or otherwise called grandfathered in." The committee was told that approximately 19 businesses fall into that group and that, as a result, the county board need not act on those cases.

The finding follows a change to local regulation in 2024 that created a 1,000-foot separation standard tied to schools, day cares and similar institutions. Chair Tornatore and staff said the businesses that obtained liquor and gaming authorizations before the 2024 change form a "grandfather universe" of businesses that would be allowed to continue operating despite the new rule. "We have 3 categories," Tornatore summarized: businesses already operating and grandfathered; Lucky 7, which stands alone and is not grandfathered; and any applicants after the ordinance change who must meet current zoning requirements.

Committee members asked how many businesses qualify and whether the public or nearby residents would be notified. Staff said they had done a "deep dive" to identify qualifying businesses and that those businesses would be notified of their status, but that because the determinations are not a zoning entitlement there is no legal requirement to notify neighbors. The chair said the county would use the pending Lucky 7 reconsideration as an opportunity to explain the determination and the scope of grandfathering.

On Lucky 7, staff explained that the property had an earlier zoning complication: a truancy school (a regional office of education truancy school) was previously sited within 1,000 feet but later closed and moved to Naperville, removing that particular impediment. Lucky 7 had applied for a building permit for a restaurant and performed interior build-out work but did not apply for local liquor or state gaming licenses at that time; a neighboring liquor store later obtained local licensure and a state gaming license, creating the proximity conflict that led to the denial. Staff said, "Lucky 7 is not open and operating. They don't have a gaming license from the state."

Committee members pressed for clarity about how local liquor licensing interacts with gaming authorization. Staff described the difference between a 'package' liquor license (off-premise sales) and a 'pour' or on-premise license, noting the latter requires local vetting (building, health, sheriff's office, fingerprinting) and is part of the pathway to obtain state gaming approval. That sequence—local liquor licensure and facility vetting followed by state gaming authorization—explains why some older establishments obtained gaming privileges under prior, less-regulated conditions.

The next procedural step for Lucky 7 is a motion to reconsider at the county board; committee members expect that reconsideration to be placed on the county board agenda in the coming weeks. For the businesses classified as legal nonconforming, staff said there is nothing for the board to vote on now because the state's attorney rendered the determination.

Votes at a glance: the committee approved the Jan. 20 meeting minutes (motion moved and seconded, recorded 'Aye') and approved budget transfer item "6 a 20 60 SCO51" to cover FY'25 end benefit payments (motion moved and seconded, recorded 'Aye').

The committee adjourned after agreeing to follow up on the Lucky 7 matter at the county board and to provide explanation to the public when feasible.