Cary committee narrows video-gaming rules, agrees six-month window for signage changes

CARY, Ill. — Village staff and trustees continued a months-long review of video-gaming regulations on Feb. 3, focusing the board’s attention on three areas: signage, terminal-to-seat ratios and the internal layout of gaming areas.

Director Brian Simmons presented drafts of proposed code language and supporting slides, telling trustees the existing code allows temporary and window signage that can advertise gaming but does not permit permanent or off-premise advertising. "Staff is recommending that the code be updated to restrict the use of permanent, temporary window, electronic message or other off-site signs for gaming advertisements," Simmons said, adding staff would propose an amortization period to allow businesses time to comply.

The board also heard a staff review of the 10-to-1 terminal-to-seat ratio already in local code. Simmons said Cary is among the more restrictive nearby communities and that staff is not proposing changes to the 10:1 rule at this time. On layout, staff recommended new facilities provide separate rooms or substantial physical separation (walls rather than temporary stanchions) so machines are not highly visible from the business entrance or the street.

Trustees raised several enforcement and fairness questions during discussion. Trustee comments, and a public comment from resident Martha Ritter, clarified the scale of gaming in town: trustees counted 13 businesses with gaming noted in staff materials, two of which were not yet open, leaving 11 active locations. Several trustees argued existing operators who were "grandfathered" under earlier rules should remain exempt unless ownership changes, while others urged the board to adopt a timetable to bring noncompliant businesses into alignment sooner.

Trustee debate also centered on whether to define a revenue threshold to distinguish a gaming cafe from a restaurant or bar. Simmons noted the code currently asks for proposed and actual revenue sources but does not specify a percentage; trustees discussed options including a percentage threshold and different terminal limits for establishments classified as bars. One trustee arguing for a percentage test said, "If somebody's at 58% of their revenue from gaming, they are not a restaurant. They're a gaming parlor." (Trustee, transcript)

On signage, the committee coalesced around staff’s draft language and a six-month compliance period for existing establishments. Committee chair summarized the consensus during the meeting: "the consensus of the committee is to use the language as proposed, but relative to existing establishments, setting the time for compliance to 6 months." (Committee chair, transcript). Simmons said staff will draft ordinance language reflecting the direction given by trustees.

For layout, the board confirmed the 10:1 ratio will remain and that new facilities should provide separate rooms for gaming terminals; trustees discussed allowing half walls but asked staff to define a minimum height (a 5-foot minimum was suggested as an example) and to collect average machine heights. Simmons noted new businesses would be expected to comply with the new physical-separation standard, with a pathway for variances when justified.

No formal ordinance was adopted at the meeting. The board gave staff direction to draft ordinance language implementing the agreed points — sign prohibition for gaming advertising visible outside the establishment with a six-month runout for existing operators; retain 10:1 terminal-to-seat ratio; require separate rooms or defined wall separation for new facilities (with a variance process) — and to return with a formal item for consideration at a future meeting. The Community of the Whole adjourned at 7:13 p.m.

Notes: Direct quotes and attributions are taken from the meeting transcript. Where the transcript used shorthand for speakers or did not provide full names, the article uses the role or the name given in the transcript (for example, Director Brian Simmons and public commenter Martha Ritter).