After much discussion, some proposed changes to Batavia’s video gambling regulations may soon head to the City Council for a final vote.
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On Tuesday, the Batavia City Council’s Committee of the Whole recommended for approval measures that would, if approved, limit the number of establishments with video gambling and impose certain criteria on where they can be located.
A final City Council vote could occur as soon as Oct. 5.
Modifying Batavia’s existing regulations has been under discussion for months in the city.
There are currently 13 video gambling licenses in the community, with eight in the downtown district, as well as another application that’s currently pending, per the city. Among the establishments that offer video gambling are restaurants, bars, fraternal organizations and a few other venues.
The proposed changes include limiting the city to issuing a maximum of 14 licenses citywide, and capping the number of licenses allowed in the downtown mixed-use district to nine. This accounts for the pending application.
The proposed limitations would also place restrictions on things like how much separation is required between a gambling establishment and places like churches and schools.
The matter was discussed by the Committee of the Whole in July, at which point there were mixed opinions about the changes. The council’s members, at that point, decided to split the proposed regulations up into different items, and come back to address them separately in the future.
At Tuesday’s meeting, three ordinances were under consideration: one limiting the number of video gambling establishments allowed in the city, another establishing location criteria, and a third making video gambling establishments permitted uses in all zoning types where it’s currently allowed, rather than as a conditional use.
On the ordinance that would limit the overall number of establishments, the city has indicated that the Committee of the Whole could raise or lower the limit as license holders applied and surrendered their licenses.
Still, the proposal generated pushback from some members of the City Council, like Ald. Tim Lanci, who called a cap a “barrier to entry” for businesses.
“We’re looking to fill spaces, not empty them,” Lanci said.
Ald. Christopher Solfa, meanwhile, said he doesn’t think there’s anything wrong with the current regulations, and that there haven’t been problems with what they have now.
“I … think we’re overregulating things,” Solfa said, “and I think … it’s based on personal views.”
Others spoke more favorably of the proposed change.
Ald. Tony Malay said he feels the suggestion is a “good compromise” and gives the City Council more control. While Ald. Kevin Malone said he supports splitting up the downtown from the rest of the city concerning the gambling licenses to give the city more discretion.
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The ordinance was ultimately recommended for approval, with Alds. Alan Wolff, Christopher Solfa and Tim Lanci voting against it.
On the second ordinance, the committee considered — and narrowly recommended for approval — regulations limiting where video gambling establishments can be located.
Presented to the council’s members were several options for such limitations. Under one option, such establishments could not abut a religious institution or school, according to a memo from the city included in Tuesday’s meeting agenda. Under an alternative proposal, they would need to be located at least 100 feet from a property line of a school or religious institution. A third option says they must be at least 100 feet from the property line of a school, religious institutions or park.
Ald. Abby Beck previously explained that state law already limits how close video gambling can be to schools and churches, but that the city could add places like parks to the list. She has also said that the city having its own rules on how close video gambling can be to certain types of land uses essentially takes some control away from the state and establishes clear rules on the issue.
During the July discussion, the council also talked about the possibility of allowing existing establishments to continue operating in their locations, even if they are ultimately in violation of new requirements the city institutes. There was some talk of permanent grandfathering, or potentially allowing one sale of an existing property with the new rules not applying and then video gambling not being allowed beyond that.
Under the proposed change, an existing licensed location that is not in compliance with this new proposed requirement could transfer its license within a period of one year to a new owner and operator, per the documents included in Tuesday’s agenda.
This proposal generated some more criticism, with Ald. Bob White saying it is redundant given the cap, Ald. Jennifer Baerren questioning the purpose of the change, and Wolff asking why the city was trying to “rewrite” state law.
The council ultimately reached consensus on the second option — prohibiting video gambling establishments from being located within 100 feet of schools or religious institutions.
This ordinance was narrowly recommended for approval, with Alds. Robin Barraza, Baerren, Wolff, Solfa, White and Lanci voting against it.
The final ordinance recommended for approval Tuesday makes video gambling establishments a permitted use in all districts it is currently allowed in, rather than it being a conditional use.
As a conditional use, there are specific findings the city has to have to grant or not grant a conditional use. With the proposed cap, approval would be essentially at the city’s discretion.
That ordinance also adds a definition for a “video gaming cafe,” but continues to prohibit such a use in the city, per the memo included in Tuesday’s meeting agenda.
That ordinance, too, was recommended for approval, with Wolff, Solfa, Baerren and Lanci voting against it.
Having been recommended for approval by the Committee of the Whole, the ordinances will now go on to the full City Council for final approval. They could be voted on as soon as the Oct. 5 City Council meeting.
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