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Cary board amends video-gaming code to require compliance after any ownership change
Summary
The Village of Cary amended its video gaming ordinance to require full compliance with new room, signage and amortization rules whenever there is any ownership change at a licensed establishment; trustees debated a 50% threshold before adopting 'any change' language.
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The Village of Cary board on March 3 adopted amendments to chapter 5.34 of the municipal code that tighten rules for establishments with video gaming terminals and require operators to comply with new layout and signage rules when ownership changes.
Staff presentation described three principal changes: terminals must be located inside a fully walled room rather than separated by partial divisions; temporary and window signage may not advertise the presence of gaming terminals; and an amortization period will give existing businesses time to comply, with staff proposing a December 31 compliance date. Board member debate centered on whether a change in ownership should trigger compliance only when ownership shifts by 50% or whenever any new partner is admitted.
Trustee MacAlpin and other trustees argued the ordinance should require all ownership changes to return to the board for review so the village can vet new partners and ensure compliance. The board moved and seconded an amendment replacing the 50% threshold with language covering “any change in ownership.” After a roll-call vote the amended ordinance passed.
Staff said the licensing renewal process will be used to notify establishments about the new rules and any compliance deadlines. They also said background checks will be completed for new owners as part of the licensing review process.
The ordinance will establish an amortization timetable for existing nonconforming businesses; staff noted the intent is to bring all establishments into compliance over time rather than force immediate construction changes unless ownership changes trigger that requirement.
The board approved the amended ordinance by roll call. No abstentions were recorded; one trustee had been noted absent earlier in the meeting.

