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STAFF REPORT <br /> Decatur City Plan Commission <br /> Hearing Date September 4, 2018 <br /> Case No. 18-38 <br /> Proposal Amendments to Zoning Ordinance (Ordinance #3512, as amended) <br /> regarding the addition of Truck Stops Facilities <br /> Petitioner Raymond Lai, Director of Economic and Community Development <br /> BACKGROUND <br /> The Illinois Video Gaming Act, 230 ILCS 40/1, et seq., (the "Act") was signed into law in 2009, <br /> legalizing the operation of video gambling machines in "any licensed retail establishment where <br /> alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises," <br /> including bars, truck stops, and fraternal and veteran organizations ("Establishments") <br /> throughout the state. <br /> Specifically, Section 25 of the Act states "[a] person may not own, maintain, or place a video <br /> gaming terminal unless he has a valid terminal operator's license issued under this Act. A <br /> terminal operator may only place video gaming terminals for use in Illinois in licensed <br /> establishments, licensed truck stop establishments, licensed fraternal establishments, and <br /> licensed veterans establishments." <br /> The term"Licensed Truck Stop Establishment" is as defined in the State of Illinois Video <br /> Gaming Act, 230 ILCS 40/5 et.seq. and any successor statute. <br /> Under the Act(230 ILCS 40/5), a"Licensed Truck Stop Establishment" is defined as a facility <br /> (i)that is at least a 3-acre facility with a convenience store, (ii) with separate diesel islands for <br /> fueling commercial motor vehicles, (iii)that sells at retail more than 10,000 gallons of diesel or <br /> biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles. <br /> "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois <br /> Vehicle Code. <br /> However, "Licensed Truck Stop Establishment" is not specifically defined in our City's Zoning <br /> Ordinance. There are uses under certain terms (AUTOMOBILE SERVICE STATIONS; <br /> CONVENIENCE FOOD AND BEVERAGE STORES; CONVENIENCE FOOD AND <br /> BEVERAGE STORES, EXTENDED HOURS: AND GASOLINE STATIONS) that may be <br /> easily confused with or claimed to be similax to a conventional truck stop. Thus, there is a <br /> potential danger that"self-claimed"truck stops could be located in urbanized areas or <br /> neighborhoods of inner city, attracting heavy truck traffic which is considered detrimental to the <br /> condition of city streets. Also, they could operate under the disguise of those other uses and <br /> qualify for placement of video gaming terminals under the "Act". <br /> 1 <br />