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DuPage committee: 19 gaming businesses deemed legal nonconforming; Lucky 7 to face county board reconsideration
Summary
DuPage County staff and the state's attorney determined that 19 existing video-gaming businesses qualify as legal nonconforming (grandfathered) under Article 5 of the county code; Lucky 7 in Addison is not in that category and will be reconsidered by the county board. The development committee also asked staff to draft a text amendment on how the 1,000-foot distance is measured.
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:…
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