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06/27/2011CITY OF DES PLAINES AGENDA SPECIAL MEETING Monday, June 27, 2011- 6:00 p.m. Room 102 CALL TO ORDER: NEW BUSINESS: 1. FIRST READING - Liquor License 2. FIRST READING -- License for Midwest Hugo's Frog Bar 3. FIRST READING - License for Midwest 4. FIRST READING - License for Midwest Canopy Buffet 5. FIRST READING -- License for Midwest Mianbar 6. FIRST READING - License for Midwest 7. FIRST READING - License for Midwest Coffee Shop 8. FIRST READING Restrictions, Section ADJOURNMENT ROLL CALL ORDINANCE M-22-11/Approve Creation of New Class N ORDINANCE M-23-11/Approve New Class N Liquor Gaming & Entertainment, LLC, d/b/a Rivers Casino - ORDINANCE M-24-11/Approve New Class N Liquor Gaming & Entertainment, LLC, d/b/a Rivers Casino - Cube ORDINANCE M-25-11/Approve New Class N Liquor Gaming & Entertainment, LLC, d/b/a Rivers Casino - ORDINANCE M-26-11/Approve New Class N Liquor Gaming & Entertainment, LLC, d/b/a Rivers Casino - ORDINANCE M-27-11/Approve New Class N Liquor Gaming & Entertainment, LLC, d/b/a Rivers Casino - Flipt ORDINANCE M-28-11/Approve New Class N Liquor Gaming & Entertainment, LLC, d/b/a Rivers Casino - ORDINANCE M-29-11 'Amending Entertainment 4-4-18 The City of Des Plaines, in compliance with the Americans With Disabilities Act. requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibility of the meetinpts) or facilities, contact the ADA Coordinator at 391-54$6 to allow the City to make reasonable accommodations for these persons. 14 CRV OF A DES PLAINES ILLINOIS Martin J. Moylan DATE: June 14, 2011 TO: I lonorable Aldermen FROM: Martin J. Moylan Mayor RE: OFFICE OF THE MAYOR City of Des Plaines 1420 Miner Slreel Des Plaines, Illinois 60016 Telephone: 84//39 15301 Fax: 847/391 53/8 Midwest Gaming & Entertainment, I,I,C, d/b/a Rivers Casino - Establishment of Class N and Class 0 License Categories - Six (6) new Class N Casino Licenses, 3000 River Road. ******************************************************************** Attached please find an ordinance establishing new Class N and Class O licenses for Rivers Casino. In addition are applications for six new Class N licenses along with ordinances. Background information is attached, including Articles of Incorporation. The applicants own the property so there is no lease. Personal and financial information has been omitted from the copied documents. The complete application is on file in the Mayor's office. Required posting has been done, and background checks have been completed by the Gaming Board. Class 0 licenses have as yet not been applied for. This will come before you on the Committee of the Whole/Legal and Licensing portion of the agenda on June 20, 2011. Martin J. Moylan Mayor Local Liquor License Control Commissioner cc: Jason Slowinski, Acting City Manager Form for Corporations CITY' OF DES PLAINES APPLICATION FOR LICENSE UNDER DES PLAINES LIQUOR CONTROL ORDINANCE TO: Liquor Control Commissioner: The undersigned hereby makes application for the issuance of a license to engage in the business of selling alcoholic liquors, as indicated hereafter. 1. Applicant's corporate name Doing business as: Midwest Gaming & Entertainment, LLC Rivers Casino - Hugo's Frog Bar & Chop House 2. Location of place of business for which license is sought: (A) 3000 South River Road, Des Plaines, IL 60018 Mum Wass by Oma sad manbar) (B) Hours 0(800116m TBD per: 888-307-0777 3. Date of incorporation 10-7-2008 ; Under laws of Stare of Delaware (Attach a copy of the most recent State of Illinois Domestic Corporation Annual Report.) Name of Registered Agent: CT Corporation System Amen; 208 South LaSalle Street, #814, Chicago, IL 60604 Phone Number. 800-369-1245 4. Classification of Licenses being applied for: Class A ('tavern Liquors Dealers License - seat 250 people or less) Class A -I (7lsvan License - seat 251 to 500 people) ..... Class A-2 (Tavern License - seat more than 500 people) Glass AB Cavern and Bulk Sale on and off premises- seas 250 people or less) Class AB -I (Tavern and Bulk Sale - seas 250 to 500 people) Class AB -2 (Tavern and Bulk Sale - seat over 500 people) Class B (Bulk Sales Dealers License - lyo catsunrpilon on premises) Class B-1 (Bulk Sales, Liquor not primary product) Class C (Club Liquor License) Class B (Rearaerant and Dining Roost License - seat over 50 people) Class F (Restaurant, Beer Only) Class G kaput Hall) Class H -I (Bantam, Beer and Wine Only) Class 11.2 (Bulk Sale, Bear and Wine Only) Class I (Raglans Society License) Class J (Special 4 am Liquor License -Class A License Required) Class K (Government Facility LW:14 Class L (Wine Only -On and oe Premises) 5. State names of directors and officers, and indicate the percentage of stock owned in applicant oorporatio*, if any. (Note: If more than three directors, attach separate sheet with required iafomtation for additional &renttxs) CEO Greg Carlin (A) President Percentage of stock owned % Have you ever plead guiky, been found guiky, received supervision, plead nob contendere (no comsat) to any felony under any Federal, State. County or Municipal law ordinance? No If Yes. attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. Attach a copy of the current Alcohol Awareness Cenllcadon. Do you participate in the operation arm business? No on-site operations. If "Yes", state in detail the nature of your participation. N/A (Atta& Confidential Information Forms) (B) Viae President COO David Patent Percentage of stock owned -0- Have you ever plead guilty, been found guilty, received supervision, plead nob contendere (no contest) to any felony under any Federal, State. County or Municipal law ordinance? No If Yea, attach additional sheet identifying charge. date of finding, Court name and Branch and case docket numberr. Attach a copy of the current Alcohol Awareness Cenilcation. win you participate in the operarien of the business? No on-site operations. links". sura in detail the nature of your participation. N (Attach Confidential Inforsnsszltw Farms) N/A (C) Percentage of stock owned g6 Have you ever plead guilty, been found guilty, received supervision. plead nolo contendeue (no contest) to any felony under any Federal. State, County or Municipal law ordinance? If Yes, attach additional sheet idendfying charge, date of finding, Conn name and Branch and case docket number. Attach a copy of the corns Alcohol Awareness Certification. Will yob participate in the operation of the business? If "Yes', state in detail the rants of your participation. (Attack Confidential Information Forms) 6. List below persons or corporations owning 5% or more of the stock of the applicant, other than those named in answer to question 5. State the percentage of stock so owned. Midwest Gaming Borrower. LLC Percentage of stock owned 100 gb Parentage restock owned 9r Peroattage of stock owned 9, (Attach 4galidential Information Forme) r 7. Does applicant own premises for which license is sought? Yes If not, when does applions's lease expire? N/A 8. is the location of the applicant's business for which license is sought within one bundled (100) feet of any church, school, hospital. home for aged or indigent persons or for veterans, their wives or children. or any naval or miliary station. as defined by ordinance of this Qty? NP 9. Is any law enforcing official. Mayar, Ald a. Member of a City Cannibal= or Board, or my President or member of a County Board directly or indirectly interested in the business for which license is sought? No If answer is "Yes", give peanut= N/A 10. Is or will the business be conducted by a Manager or Agent? Yes If answer is "Yes", complete attached Manager's supplemental sheet for each manager. ii. lb. eta:rayedklror drew ofmpcneeaoamp1ades.aasya000kbohl m,arelybdebsyssiw ism des nes puma CPI) ebbe mon of rod ar4aabn: was plead ydly.+owlwi no .1 Mi nnaadas bee a niffik Ie widow, rooky fay %i n& Sum.Como a Moakl4dIre eroadi ied 111M. aooannononnol own BiMadlWon obuloonle f Nadi* Coat asm+ and bud not elardsoieo eemboc HsmyOar ordlaealrelail.oxpeolar.swJ'saxinekbeo awning lode ammo ion nee livepang imerelk NAatfah maid" oar old pelf sat bur beet oallsy of a Idedellsaf least& Seds4 dewy talleahipl. Spar pi sr calimeoi. Us,, plat see atpees serswked.wet. dse of ollbme W del sass 140 .11 llaaaldlorarddoealrotsad aapnadn.may/WoMiMieeNedelbibs swaps mos ilia Ar wealIrlintoolt lee wanerifine,per loba5 piny Naar bsasfamed pllyotlrmyIl aral.bals.4 ». vsblionoirdIre eesoilkY uafidydiIowa a beano of id tamer etprdsladrwiyskulks tie seitewaorspied baps, w7suadg7ND Itok 'IMO psis ao anitiod.ninesdeawidodi s 14. 15. lima de"we rmpunimeer oar Maw. bko pr.rDbeaoardaddaapa ion.waq►uea►f,a"eotipralyiaheswia>tmannwar fine p eN143) deo Wok dae4nopaaabwr„ar.11P44141110 Ara dal& limos d4rtie peeled Serest pawl= ads diem des d4redad gad Flo allele k.latation. deo, plea ague sf lapdam, beads ef4awafiea.des mad dipoles almikado Mho )Ju mypus s kodybadbyPabst.alikeJoelodeo Ort IMgpteale0epenakoertomeant das.rar.warm emit arganissowaydealfoderetas* bibs kelseiaetq/ewe+ewOmbe gessat4 atdeeassaofalrmpnkaAgui aterba$, die. yea aaratlisseeks1sae sass hear! dem dweaenior Id Um soy ismsloSiea/pdaad dasrIsa sangamid/.pp►nap wgown Nawaewenwwiaa:AaYkoapmdig eaddaisb e AININIMENW cimplyi siederressp abeessos Asea&remeepiss (O1Wfdabove Salm a Ip elwaysosalatdaaegadlwt, (lYe bekilelydIMMeadMpeaceMrtedap it f(WdMhreMdrdasmydaigeise..sw4aaeaetdjlr a4pAaMllrnaaergad 80.Masao ass trio atm jaw ON /rgwartal.dqern oho do AIPIDAVIIT STATE OF RALINOIS COUNTY OP COOK S.S. The wndaafpaed awav(or e111em) dad Ila eaporatios 1s Mae was this swami= Ii made m1l not Ode* say afar odium° of the Cky of Des Plebes as the laws tido Sure of Meets or of she uaiwd Stales ofANlariaa.in the meadia of rile place ofbesiow deeedbedkoala and haat the summa ooaahnd la this swamies ars toss and mew *Os baud or bade* and belief. As Aoki Awasesma Wood manner awl! be on duty is all dm= when the baleen edh sleobol. I helm 1edlrerer5 end a:Janawldpp diad say Iles aeauaaerea is dila aFPSadon may nook late dcoM of this appal:Wok or aaesooetloo of any Viper Mingo honed paassot to tills eppflpti in. Subscribed and swam to aka me dais1 S t day of .i: Notary Pub "OFFICIAL SEAL" Jennifer G Gaft@ry Seal II mm 3 of h 15 tkaNfcoo fstrawy I►Nal ITu0U1 SUPPLEMENTARY MANAGERS FORM Will the business be conducted or supervised by a Manager or Agent? Yes If answer is "Year the following questions must be answered by such Agent or Manager. Bill Keene 1. Namte_ _ 2. Have you ever plead minty to or been found guilty of any felony under the Criminal Code of Illinois? No 3. Have you ever plead gaiky to or been found guilty of any felony under any Federal, alts. County or Municipal law ordinance of being the keeper of house of Ill fame; or of predefine, or of other crime or ntisdeunariov opposed to decency and rnoraiky? No If so. give deet and state the offense 4. Have you ever plead guilty to or been found guilty of a violation of sny Federal, Sum, County or Municipal Liquor law or ordinance since No U so. give dote and stale the offense S. Have you ever plead galley, been found guilty, received supervision. plead nob contendere (no contest) to any felony curter any Faderab Stare, County or Municipal law ordinance? No ltYes. attach additional sheet identifying charge, date of Reding, Court name and Branch and cue docket number. 6. Has any license previously issued to you by State, Federal or local authorities been revoked? No If so, state reams therefore and date of revocation 7. Attach a Copy of the current Alcohol Awareness Certification. S. Attach Confidential Infonmrtion Form I swear (or affirm) that I will nos violate any of the ordinances of the City of Des plaits or the laws of the Seta of lllbrots or the laws of she United State of America, in the conduct of the place of batistes* described herein, and that the statements made by me herein are nue end correct to the bet Ginty knowledge and belief. Subscribed and to 20 i tAalai4� :L� Notary Public Seal a►tJw. Manager Form for Corporations CITY OF DES PLAINES APPLICATION FOR LICENSE UNDER DES PLAINES LIQUOR CONTROL ORDINANCE TO: Liquor Control Commissioner: The undersigned hereby snakes application for the issuance of a license to engage in the business of selling alcoholic liquors, es indicated hereafter. I. Applicant's corporate name Midwest Gaming & Entertainment, LLC Doing business as: Rivers Casino - Cube 2. Location of place of business for which license is sought: (A) 3000 South River Road, Des Plaines, IL 60018 pima am= Warm and sterna) (B) Hours of operation: TBD phone. 888-307-0777 3. Data of incorporation 10-7-2008 - Dnder laws of State of Delaware (Attach a copy of the most recent State of Illinois Domestic Corporation Mutual Report.) Name of Registered Agent: CT Corporation System Address: 208 South LaSalle Street, 8814, Chicago, IL 60604 phone Number: 800-369-1245 4. Classification of Licenses being applied for. Class A (Tavern Liquors Dealers License — scat 250 people or less) .. Claee A -I ('Ikvern License — seat 251 to 500 people) . - Class A-2 Cavern License — seat MOM than 500 people) Class AB Mr= and Bulk Sale on and off premises — seat 250 people or less) Class AB- I {llsvens and Bulk Sale — seat 250 to 500 people) Class AB -2 (Tavern and Bulk Sale — seat over 500 people) Class B (Bulk Sales Dealers License — bio consumption on immlacs) Class B -I (Bulk Sales, Liquor not prirnatr product) Class C (Club Liquor License) Class E (Restaurant and Dining Room License — seat over 50 people) Class P (Restaurant, BeerOnly) Class 0 (Banquet Hall) Chas H -I (Restaurant, Beer and Wine Only) Class H-2 (Bak Sale. Beer and Wine Only) Class I (Religious Society License) Gats J (Special 4 am Liquor License —Class A License Required) Class K (Govsmment Facility License) Class L (Wine Only -On and Off Premises) 5. State names of directors and officers, and indicate q.t. percentage of stock owned in applicant corporation, if any. (Note: If more than three directors, attach separate sheet with required information far additional dinctors.) (A) President CEO Greg Carlin Ft:ce ow of stock owned .a Nave you ever plead guihy, been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal, Stare, County or Municipal law ordinance? No If Yes. attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. Attach a copy of the current Alcohol Awareness Certification. Do you panicipae in the operation of the business? No on-site operations. ff"Yea",state in detail the nature of your panGdpation. N/A (Attach Confidential Information Forms) COO David Patent (B) Vice President Percentage of stock owned 43- 96 Have you ever plead guilty, been found guilty, received supervision, plead nob contendere (no conicst) to any felony ander any Federal, State. County or Municipal law ordinance, No if Yes. attach additional sheet identifying charge. date of finding, Court name and Branch and case docket cumber. Attach a copy of the =rent Alcohol Awareness Certification. WrU you pat icipete in the operation of the businw? No on-site operations. If "Yes". state en detail the nature of your participation. NIA (Attach Confidential Ilnfotrmatioo Forms) (C) y N/A Percentage of stock owned 96 Have yon ever plead guilty, been found guilty, received supervision. plead nob contendere (no contest) to any felony under any Federal. State, County or Municipal law etditwnce? If Yes, attach additional sheet identifying charge, date of finding. Conn name and Brach and cane docket number. Attach a copy of the currant Alcohol Awamneu Certification. Will yob participate in the operation of tea business? If "Yes". state in detail the nature of your participation. (Attach Confidential Information Forms) 6. List below persona or corporations owning 5% or more of the stock of the split -am other than those named in answer to question S. State the percentage of stock so owned. Midwest Gaming Borrower, LLC of stock 100 Percentage Percentage of stock owned 96 Percentage of stock owned 96 (Attack Confidential Information Penins) 7. Does applicant own premises for which license is sought? Yes Una, when does applicant's lease aspire? N/A S. Is the locution of the applicant's business for which license is sought within one hundred (100) feet of any churdt. school, hospital. home for aged or indigent paeans or for veterans. their wives or children, or any naval or military station. as defined by ordinance alibis Qty? NP 9. Is any law enforcing oificinl, Mayor, Alderman, Member of a City Commission or Board. or any President or member of a County Board directly or indirectly interested in dee business for which license is sought? No If answer is "Yes", give particulars N/A 10. Is or will the business be conducted by a Manager or Agent? Yes If answer is "Yes". complete attached Manager's supplemental sheet for each manager. 11. wn,asyrabic ae*mot elmks! mparsdae,w aw,eadrlreideF.swig isAhwire wosdmAstproem041)Grinaoaof sweesesulese.. srdeed ddlgr.soothed eaperddee,plsduNrpmemoder bb mow eosoy many vont np%ha.mak coaega lfenkip111w.ataelorreKtl!D ...� MU. nath sdMdertel decal adtetNyby drieoileaf AdIrA Cod led lineell aeisrNdeow amiss 12. Hes me east et Avant el IMO caysithsset say deew:ylados maeadam*veierom011 Mdeweltdae! car+iesiowrleolpaw war boo tams g iyodavtalneetif IMud. ledri verg ifeeldpi. liquerieee.xteams. 11se, ibeaaeelpwaneoeskuthamt. amofelbow Nal Oaetilws ilas anew a awn etsdiaspmdootMpnstthMdsamobs laissaws wen dim ass wad OS) otism* MNth ee perde..wrplad per shot Was hued godly missy 911N.GAssy Idea ipd atasllness NMri die Myst era Ism atisAwthatatpeedslyetmydmaloe ermtedueseiesoppaldiadamlyanaautbgrt do... arts id dam se sordsiod. dm sad the Wawa 14. lbsti.espil dmgMMfesar !{rr meeDiresandwidmisnisketmyseeltiaiMrsaleidsogleowuses des lirelwnrr0D)dim wadi doe aro+elds, wide uppliodle Ida Oahe IMAM der 011 poke famed posed= ear thes dos Asea ai sbasa, No other L Watford. _ 15. um, solum. bee aedamigos adsidled* WA lice asp hope pimp.* sued by NNsn1,.Sbasor heal wMshksMlMMelbseleasldaslssan. agrallomatogdtr. srdiaaararsalt aspendesrwayeuatdeliretWok Nadas emaiside p/gssaoewAnnep a d4511)etdaeseekad copsrademmui te. stre need Nemo mid sae wwww tweeddre alma*. NM 1d. sey pees leAb'ss lfasdis besadyssithdegnip a rid mama swag mow s rimassms. Keena Asubwip .tef asoes wwkiasassal btoostbreniram i4Mllledebovedsie+elpsesbodrus oreibl s --- s. (dllsdendlislld1Mised as!masaAsilii) et. 1Oft adarsNthSthee espil sefsoftr stiNssslepM' Ireplely mond embody Wtire die awesWssow bsMead Mtl♦Msatiso w(RuesMild) • ASFIDAVIT STATE OF ILLINOIS COUNTY of COOK ss. The ' ',Animal swear due es mysteries 1s what lase ddt epplicthisis b weds well as dabs. way of the mama of tie dqr efDes Plana or the laws tithe SUM 'MBA* at of ihe tithed Sures °Minable. is the aosibes of de plate eiravithew dineithed beide fdoeSUMMafilfineisatofds.tituadSoresofAttlable.istheaos4raofdlsplateofhvleawrdaadbedbeide and doles esermi a le aoasadsed In th s appNcalea era Nye and cam » the bat afar kaoaladis end bend. As Alcohol Aware ere =Ltd mayor *a be on duly as all times when the badman edb Neobol. I null a vtdmsdd end aelatotriedda due soy fibs watemeste appifmden oaf rock In the deeabl of this app mmlok et anodes of esy tlquor lima issued ponseut o dNs apps c ms la thb MAN coo Subscribed and swam to beam: ma this 1 t day of J "OFFICIAL SEAL" Jennifer (3 Gallery Pu . Seal Notary Public, Slate of It Conw►tulon a• Was meals 1./ii„, 4.1 / Seemary SUPPLEMENTARY MANAGERS FORM Will the business be conducted or supervised by a Manager or Agent? Yes If answer is "Yea;' the following questions must be answered by such Agent or Manager. I. Name Bill Keena 2. Have you ever plead guilty to or been found guilty of any felony under the Criminal Code of Illinois? No 3. Have you ever plead guilty to or been found guilty of any felony under any Federal, State, County or Municipal law ordinance of being the keeper of house of Ul fame; or of pandering. or of other crime or misdemeanor opposed to decency and morality? No If so, give dates and state the offer= 4. Have you ever plead guilty to or been found guilty of a violation of any Federal. State. County or Mankipsi Liquor law or °rdbisnoe since No If so. give dates and stale the offense 5. Have you ever plead guilty. been found guilty. naive! supervision, plead nob contend= (no contest) to any felony under any Pedant. State, County or Municipal law ordinstce? No If Yee. attach addiliond sheet identifying charge. date of finding, Court name and Brands and case docket numbs. 6. Has any license previously issued to you by Sate, Federal or bof asMritirs been !evoked? No If so. state teseons therefore ind date of revocation 7. Attach a copy of the cermet Alcohol Awareness Certification. S. Attach Coofideatial Information Form 1 swear (or affirm) that I will not violate any of the educes of the City of Des Plaines or the laws of the State of Illinois or the laws of the United States of America. in the conduct of the plead business described herein. and that the statements made by me herein are sue end coned to the baa at my knowledge and belief. Subscribed and to mf o Notary Public Seal Mager SliPaton Form for Corporations CITY OF DES PLAINES APPLICATION FOR LICENSE UNDER DES PLAINES LIQUOR CONTROL ORDINANCE TO: Liquor Control Commissioner: The undersigned hereby makes application for the issuance of a license to engage In the business Oscines alcoholic liquors, as indicated hereafter. I. Applicant's corporate name Midwest Gaming & Entertainment, LLC Doing business as: Rivers Casino - Canopy Buffet 2. Location of place of business for which license is sough: (A) 3000 South River Road, Des Plaines,IL 60018 (Rua mittens bysow end wager) (B) Hours of operation: TBD phone. 888-307-0777 3. Date of incorporation 10-7-2008 ; Under ]avec of State of Delaware (Attach a copy of the most recent State of Illinois Domestic Corporation Annual Report) Name of Registered Agent: CT Corporation System Agus: 208 South LaSalle Street, #814, Chicago, IL 60604 phone Number: 800-369-1245 4. Classification of Licenses being applied for: Class A ..,, Class A-1 ......, Cuss A-2 Class AB Class AB -I Class AB -2 Class B Claes B -I Class C sex Chea B Class F Class 0 Clam H-1 Claes H-2 Class 1 Class! Class K Class L (Tavern Liquors Dealers License - seat 250 people or less) (Tavern License - seat 251 to 500 people) (Tavern License -seat mom than 500 people) (Timm and Bulk Sale on and off premiaes - eat 250 people or less) (livens end Bulk Sale - seat 250 to 500 people) (avern and Bulk Sale - seat over 500 people) (Bulk Sales Dealers License - No consumption on premises) (Bulk Sales, Liquor not prbaary product) (Club Liquor License) (Restaurant and Dining Room License - scat over 50 people) (Restaurant, Bear Only) (Banquet Hall) (Restaurant, Beer and Wine Only) (Bulk Sale. Beer and Wine fly) (Religious Society License) (Special 4 am Liquor License -Class A License Required) (Government Facility License) (Wine Only -On and Off Premises) 5. State names of diroctcro and officers, and indicate the percentage of stock owned in applicant corporation, If any. (Note: If more than three directors, attach separate coed with required Infonnadon for additional dkucscra.) (A) President CEO Greg Carlin Percentage of mock owned % Have you ever plead guilty. been found guilty, received supervision, plead nolo 000tendere (no contest) to any felony under any Federal, State, County or Municipal law ordinance? No If Yes. attach additional sheet identifying charge. date of finding, Court name end Branch and case docket number. (B) Attach a copy of the current Alcohol Awareness Cenificstlon. Do you participate in the operation of the business? No on-site operations. If "Yes", state in detail the newts of your participation. N/A (Attach Confidential Information Forms) Vice President COO David Patent Ytmentage of stodc owned "0- 96 Have you ever plead guilty. been found guilty, received supervision. plead nolo contendere (no coatest) to arty (deny under any Federal, Slate, County or Municipal law ordinance? No If Yes. attach addidona) skeet identifying charge. date of finding, Court name and Branch and case docket number. Attach a copy of the anent Alcohol Awam ass Certification. will you participate in the operat o n ado business? No on-site operations. If "Yes", state in detail the nature of your participation. N/A (Abed, Confidential Information Forms) (C) Secretory N/A Percentage of stock owned 9i Have you ever plead guilty, been found guilty, received supervision, plead nob cootendoin (no contest) to any felony under any Federal. Stare, County or Municipal law ordinance? If Yes, attack additional sheet identifying charge, date of finding, Court name and Branch and case docket number. Attach a copy of the current Alcohol Awareness Ce tification. W)B yob participate in the operation of the business? If "Yes", state in detail the nature of your participation. -- (Attach Confidential Information Forms) 6. List below persons or corporations owning 5% or more of the stock of the applicant, other than those named in answer to question 5. Suite the percentage of stock so owned. Midwest Gaming Borrower, LLC 100 Percentage of stock owned Percentage of stock owned Percentage of stock owned • (Attach Confidential Information hears) 7. Does appflca t own premises for which Seem �g� Yes If not, when does $ppgcaat'a lease expire? 96 96 8. Is the location of the appli aar's business for which license is sought within one hendred (100) Poet of any church. school. hospital. name for aged or Indigent persons or for veterans, their wives or children. err any naval or wiling station, en defined by ordinance of this Oty? Np 9. Is any law enforcing official. Mayor, Alderman. Member of a CityNssion or Board. or any President or member of n County Board directly or indirectly intimated in die bnsitaeas for which license is sought? o If answer is "Yee". give particulars N/A 10. is or will the business be conducted by a Manager or Agent? Yes If answer is "Yes", complete attached Manager's supplemental sheet for each manager. 11. gay admits assay of spttttraasaapanadoo. or any s.ae}lsllaw. mai fa rile imps raw Was tier stow (aw) of as sack of rade capmbe4 arsr Peed OW. soothed gar"re'd"i fas4 sob ao+Molw too anowd a wean Marla aaay tbtml. Spaa.liwa y w lfsrati'lidIw9rstlemaat UIM. aaaseb ahlwaw slew kleaditled Watato rdlladap, Cara masa mai Medi ssai aaaadsoM nears 12. Hi r* l oaparsilmoorsayaloadal w swiresda margastaaomSwan poosol 016 of MD oak afash oa test kawelludprbaorhasakraitpll,►alarfewllraef+el/lUiast.dwRtlowp►otibe ly"Upast rtrrrnlYram. daap.*aawaafp rase oaaaksl.auM.delaof*Mow oat Oasem .13. WssayMltmrrrdrsKbsotatidarpnalar.rrreYlYWYlaaomit,iadmajponnnendradsaIsmsow)dalaaoskatMsl espeedeken, pass play sew tau fatedpolaranlsryllydas1t91sM.taogasllraisa ilwmaaDrrnerafbbedalrsrssda hone ofwfirwerafpedalo assay othraMnrraibegeol Mame 6elsesaiarawom N0 Wok Ovsa.wsafmeow ssetadsaal.woks Owsaeiamaatlwrs assal 10. Heaths syylloot aemoadosargoy0111aw.despot.wllkeaaseeisallaapaalmaraspuaatllatbawadybderspt4Swoode. figs imam (S9 gem mask darab osa anda.wwamyna a. Aso* Oalanslarwbpatioefawn!mans alba Wog sraw &mal..ldemetoalba sitaeatlaes _ 111asy Ihaaaaeratmike" balm raadapa itanolgllindia N/A 1s. BE ay fano ma bath by Flaianl. SON, at and aabo die M tla1011wrasfasulasam Iltj sae; sonsar, std .=of wit relaaadtamay Maaltaidsret Mori Iaaithiss bias bbssessis mew drag Ilya Nand ) eters oa of srrrsapeardws.hsa arakall ifs►IFwaawadiswsanal awl magas for aaaidawdwaaeeelar NM 16. us so N angraled Omtrdiaaypsiordaaarblsaasassay(�uelsit sop d~ma eat*.me a—Anathoak*dal agatheiss. campus erawpptsr-1 illoaspes has broath pews WNW abate Ws 6111et eadbnrd 1liassts Vamp M thsi1 q,111114 t+lwlaya WtsrA►aMa IreMrsa_awwrsa+ •' Ma d w.wsw wepaglaadarassgamlasaa. aarwaslsieailpaaitYt ny apcdca soEnaetbsaiAWandslpaialfidthanOswlsMa4 OK • AFFIDAVIT STATE OF ILLINOIS COUNTY OF COOK S.S. The smdoeilped swear Or offing) that abs: ewparados is whose genie this apprastioa is sada wit not violate any ofdee sodium= at dee tiny otDas Plain as the lana dike Sem of ilNeoisor*No United Sow of/blttritaa.indie aoadoctgirds play ofbadaseaa sbamribodheaade and do thesassatamir esosilinid la die applfeadcs ars oars said am= soul. bat doe knowladp and bolitf. As Alcohol nawaaassaaa cabal omelet $l.A be oe dety al all limee whsa the ransom Seib *dol. 1 Mather madame* end ssetamwisdee dist soy Nu testaments is thle app6eadon may male to the Iemid of this appleatioa, or aerosries of any Moorrrlleeroo Woad parmane pe INe application. l "-��� MAW C00 Subscribed and swam to batiste arse this1 S t dry of J 1.) "OFFICIAL SEAL" Jennifer G Gallay :)awl Notary tbaion Mats 15/28/2015 Note y slps.s / /ora hbui SUPPLEMENTARY MANAGERS FORM Will the businessbe conducted or supervised by r Manager or Agent? Yes tf answer is "Yes;' the following questions must be answered by such Agent or Manager i Name Bill Keena 2. Have you ever plead guilty to or been found guilty of any felony under the Criminal Code of Illinois? No 3. Have you ever plead silty to or been found guilty of pay felony under any Federal. State, County or Municipal law ordinance of being the keeper of bout, of Al feat,; or of pandering, or of whet crime or misdemeanor opposed to decency and morality? No If so, give dates and state the offense 4. Hard you over plead guilty to or been found guiltyof a violation of any Federal, Stare, County or Municipal liquor law or ordinance since If so. give dotes and state the offense — 5. Have you ever plead guilty, been found guilty. received supervision, plead nob contendere (no contest) to any felony under any Federal, State, County or Municipal law ordinance? No if Yea. attach additional sheet identifying charge, dale of finding. Court name and Branch and case docket numbs. 6. Has any license previously issued so you by State, Arderal or loci authorities been revoked? No if so, state reasons therefore rind date of revocation 7. Attach a copy of the current Alcohol AMarent se Certification. 8. Attach Confdeetbl Informeiot" Fame I swear (or afllmt) that I will not violate any of the ordinances of** City of Des Plaines or the laws dee Stara of Illinois or the laws of the United States of America, in she conduct of the place of business described herein, and that the statements made by me brain are true and correct to the best of my knowledge and belief buberme � me and *wog i to day OR 1� of20 Notary Public Seal Manager w�. Form for Corporations CITY OF DES PLAINES APPLICATION FOR LICENSE UNDER DES PLAINES LIQUOR CONTROL ORDINANCE 3.2003 TO: Liquor Control Commissioner: The undersigned hereby makes application for the issuance of a license to engage in the business of gelling alcoholic liquors, as indicated hereaRer. I. Applicant's corporate name Midwest Gaming & Entertainment, LLC Doing business as: Rivers Casino - Mianbar 2. Location of place of business for which license Is sought: (A) 3000 South River Road, Des Plaines, IL 60018 Mae wham by men red nrebarl (B) Hours of operation: TBD phone: 888-307-0M 3. Date of incorporation 10-7-2008 ; under laws estate of Delaware (Attach a copy of the most recent State of Illinois Domestic Corporation Annual Report) Name of Registered Agent: a Corporation System Address: 208 South LaSalle Street, 8814, Chicago, IL 60604 phone Number: 800-369-1245 4. Classification of Licenses being applied for: Class A Class A -I —,_ Class A-2 Class AB Class AB -I Class AB -2 Class B Class B -I Class C Class B Class F Class 0 Class H-1 Class H-2 Class I (lass I Cuss K Class L ('iLvern Liquors Dealer, License — seat 250 people or less) (Thvem License — seat 251 to 500 people) (Tavern License — seat mon sham S00 people) ('Thvern and Bulk Sale on and off premises — sen 250 people or less) (Tavern and Bulk Sale — seat 250 to 500 people) (ham and Bulk Sale — seat over 500 people) (Bulk Sales Dealers License— Igo consumption on premises) (Bulk Sales. Liquor not primary product) (Club Liquor License) (Restaurant and Dining Room License — seat over 50 people) (Restaurant, Beer Only) (Banquet Hall) (Restaurant, Bar ; Wine Only) (Boir Sale. Beer and Wine Only) (Religions Society License) (Special 4 am Liquor License —Class A License Required) (Government Facility License) (Wine Only—On and Off Premises) S. Stare names of directors and officers, and indicate the pacentnge of stock owned in applis m corporation, if any, (Note If mote than three directors, attach separate sheet with required information for additional directors.) (A) past CEO Greg Carlin -0 I'ercentme of stock owned rb Have you ever plead guilty, been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal, State. County or Municipal law ordinance? No If Yes, attach additional sheet identifying charge, data of lading, Court name and Branch and case docket number. Attach a copy of the current Alcohol Awmeness Certification. Do you participate in the operation of the business? No on-site operations. if "Yes", state in detail the nature of your participation. N/A (Attach Confidential Information Formas) COO David Patent (B) Vice President Percentage of stock owned "°- 96 Have you ever plead guilty, been found Quilty. received supervision, plead nolo contendere (no contest) to any felony under any Federal, State, County or Municipal law ordinance? No if Yes. auarh additional sheet identifying charge. date of finding, Court name and Branch and case docket number. Attach a copy of the parent Alcohol Awareness Certification. Will you participate in the operation of the business? No on-site operations. If "Yes", nate in detail the name of your participation. N/A (Attach Confidential Information Foams) (C) SecretaryN/A Perenrage of stock owned 96 Have you ever plead guilty. been found guilty, received supervision, plead nolo ooneendem (no contest) to any felony under any Federal. State, County or Municipal law ordinance? If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. Attack a copy of the entreat Alcohol Awareness Certification. Wi11 yob participate in the operation of the business? If "Yes". sale in detail the nature of your participation. (Attach Confidential Interludes Forms) 6. List below persons or corporations owning 5% or more of the stack of the applicant, other than those named in answer to question S. State the percentage of stock so owned. Midwest Gaming Borrower, LLC _.._ Percentage of stock owned 100 Percentage of stock owned Percentage of stock owned 96 (Attach Confidential Information Farms) Yes 7. Does applicant own premises for which license is sought If not, when does applicant's lease expire? N/A 8. Is die location of the appticem's business for which license is sought within one hundred (100) feet of any church. school, hospital. home for aged or indigent persons or for veterans, their wives or children, or any naval or military station. as defined by ordinance of this Qity? NP 9. Is any law enforcing official. Mayor, Aldrnrtao, Mernbe r of a City Commission or Board. or any President or member of a County Board directly or indirectly interested in the business for which license is sought? No If answer is "Yes". give particulars N/A 10. Is or will the business be conducted by a Manager or Agent? Yes If answer is "Yes", complete attached Manager's supplemental sheet for each manager. wetopyvow orwoos of ovollaol nosposelett,ofavy nottaolists. analog leanmynas sore dna finosnow CPI) erns swat d ssbsepraloae. Moo tasO pity. neelrad sem. Old ado oaendw bsmaerages sof fderysada way axiom. aeae.Cosaty o r itenor snlionnlT� ..�.-.— Ylltimown adddardsleaalatlhbMsfatN.dew 483 3CwsaneamdRoads sdow achessaaaa 1!. Ha Ng Aar s►d:wrora/oaf oay nolik roy naaaaldwnond lade sows mat dos awe ysoolaIMO ofiMwdtalma exeyerdea.aa�arpkwsa"tom. yea lbsayLow era rieldroofayMark Sieh loolyMIlaskfyskdgaarfanor cedfamot. Use, dee sessotpwaso oemkal.aasw.iasof Magma W iMaMhrs.i� 1y. 14. 1S. liwo offirer dIroslof ot smIllcaysealska.r yrnaldiMdwawaybibsarlropm mosdotal raw IMO ardaasdtaiNoe .aypyln,srwplod ppygoatOamfundgWyeadmsayVonnol;9ta.iasrya►IIW.tyaflaw*Isaassueider1besgrm(ea ewe dal Amor dwaning o way a boratassemwad iednsya/7swsp4Z� w os. on eifpus sewaded. gift OMled dleadlras tludrsstyaswoeyarsd eeee Mao Mame tsrlar twofaaid 401,trege41, Ely Med16011 rsowningbrasa,pyapw,asadee live peen /sdl) o e OM tlon yonden,made Ars midi limn air ON yogis* good= gaadodor dam darn &dew sd aDwaR� N Owsow te swami, teodtaofymstaso.daseal41401daa.Imanila NM Hes aey faamee pe1'icerty brad a ReMd.Ilan, or load saarnhiee M aoryyaewaehantlsa orb aayaiiteR NOM erammo o f sit s sforky wog sloai3elirar Nora bsldonowMg loaf won ran Me Ins toosou45114 ataaawak of nabaayaedakiont Kvek.OT, Wen glee sonseraims swilMY MOOShraddnodwraeatoa N/A M 16. OS sif t.yIIVaal Web ~who as sniff siWadewaI.eI eWtnienwpo komehoeyde afQ miro&ot C n*.e sseiplaaasrny bfanaarmee yamat asilid MomWean o anwiasbro a.aea+ldosevaalrn la11ad17ry-nW/1eMMaaMR Rao Snap 17. yllNisdMr.lwsdsrn0'64Msladweya.ilaslifa' 314111044mot beapd adlasdshadatchatslowiiitmOgle Mt 0slsnomad NatN*sail till an AFFIDAVIT STAIR OF ILLINOIS COUNTY OF COOK Ss. The mylversedd mew* atm) that alt corporation is whom dila dila @ppkeaeiar is made veil Rol tisbee way ChM mamma dee City of Dat ?Idea or the laws of the 5t* of Mob or of dee UMW dams ofMie ios.ia lit oosdoet gide place ofbndneu described Meals sad Oat Ma sammisma oe ntabsd la this sypiicseidms ant ant and gam= ss 15s but of oar kaaoi . sad bdist. As Alcohol Amanano Imbed maw: mail be dot any al dl times wham the hulas edb deobol. 1 Author =ypd and aohnowhedge the say him segmemi is shit applioulon any rook is the deteitl of this appikatio0, a soaae:ados of may %tor llceene istoad pesos too illopppettioa. hiliaate Cao Subsgribed mid swam to beam me dot1 s t day of June "OFFICIAL SEAL" Jennifer G Gem ow, Notary Public, State of Ilftla Contlnlsaion kms SI18R015 too male SUPPLEMENTARY MANAGERS FORM Will the business be conducted or supervised by a Manager or Agent? Yes If answer is "Yes." the following questions must be answered by such Agent or Manager. 1. Name Bill Keena 2. Have you ever plead guilty to or been found guilty of any felony under the Cambial Code of Illinois? No 3. Have you ever plead guilty to or been found guilty of any felony under any Federal, State, County or Municipal law ordinance of being the keeper of house of UI fame; or of pandering. or of other crime or misdemeanor opposed to decency and morality? No If so. give dates and state the offense 4. Have you ever plead guilty to or been found guilty of a violation of any Federal. State, County or Municipal Liquor law or ordinance since No If so. give data and state the offense S. Have you ever plead guilty. been found guilty. received supervision, pi ; �.4 nolo contendere (no contest) to any felony under any Federal. State, County or Municipal law ordinance? No Ulla.s, attach additional sheet identifying charge. date of finding, Court name and Branch lad case docket number. 6. Has any license previously issued so you by State, Metal or I. ,gid authorities been revoked? No If so. sure reasons therefore and date of revocation . 7. Attach a copy of the current Alcohol Awareness Certification. 8. Attach Confidential Information Faun I swear (or affirm) that I MB not violate any of the ordinances of the City of Des Plaines or the laws of the State of Illinois or the awn of the United States of America, in the conduct of the place of business described herein. and that the statements made by one herein are me and correct to the bee elm knowledge and belief. Sobsceled and est sgs to beton: me 20 Ir daY 1140 / I "OFFICIAL SEAL" .Pubsc. state at IKvb wmniesion Sl26R016 Notary Public Seal ..t.+� boast=l"�'�� Manager Form for Corporations CITY OF DES PLAINES APPLICATION FOR LICENSE UNDER DES PLAINES LIQUOR CONTROL ORDINANCE TO: Liquor Control Commissioner_ The undersigned hereby makes application for the issuanoe of a license to engage in the business of selling alcoholic liquors, as indicated hereafter. 9-2003 I. Applicant's corporate name Midwest Gaming & Entertainment, LLC Doing business as: Rivers Casino - Flipt 2. Location of place of business for which license is sought: (A) 3000 South River Road, Des Plaines, IL 60018 Ow ids= by WOO ardor) (B) Hours of operation: TBD phone: 888-307-0777 3. Date of incorporation 10'7-2008 ; Under laws of state of Delaware (Attach a copy of the most recent State Corporal CorporationDomestic � C� Annual Rem) Name of Registered Agent: CT Address: 208 South LaSalle Street, #814, Chicago, IL 60604 Phone Number. 800-369.1245 4. Classification of Licenses being applied for: Class A Class A -I Class A-2 Class AB Class AB -I Class AB -2 Class B Class B-1 Class C Claes B Class F Class 0 Cosa H-1 Class H-2 _Class 1 Class I Class K Class L (liven Liquors Dealers License — seat 250 people or less) (Tavern License — seat 251 to 900 people) (tavern License — seat more than S00 people) (Owens and Bulk Sale on and off premises — seas 250 people or less) (Tavern and Bulk Sale — seat 250 to 500 people) (Ibvem and Bulk Sale — seat over 500 people) (Bulk Sales Dealers License —190 consumption on premises) (Bulk Sales. Liquor not primary product) (Crab Liquor License) (Restaurant and Dining Room License — seat over 50 people) (Restwpsnt, Beer Only) (Banquet Hall) (Restaurant, Beer and Wine Only) (Balk Sale, Beer and Wine Only) (Religious Society License) (Special 4 am Liquor License —Class A License Regains!) (Gov rumem Facility License) (Wine Only -On and Off Premises) 5. State names of directors and officers, and indicate the percentage of stock owned in applicant corporation, if any. (Note: If more than three directors, atinch separate sheet with required hnfo nation for additional directors.) CEO Greg Carlin -0- (A) President Percentage of stock owned 96 Have you ever plead guilty, been found guilty, received supervision, plead nob contendere (no contest) to any felony under any Federal, State. County or Municipal law ordinance? No If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch end case docket number. Attach a Dopy of the current Alcohol Awareness Certification. Do you participate in the opastion of the business? No on-site operations. if "Yes", state in detail the nature of your participation. N/A (Attach Cenlidendai information Forms) (B) Vice President COO David Patent pemenmge of stock owned '4" Have you ever plead guilty, been found guilty. received supervision, plead nolo contendere (no contest) to any felony under any Federal, State, County or Municipal law ordinance? No If Yes. attach additional sheet identifying charge. date of finding, Court name and Branch and case docket number, Attach a copy of the anent Alcohol Awareness Certification. Will you participate in the operation of the bisinesa? No on-site operations. if "Yes". state in detail the nature of your participation. NIA (Attach Confidential Infornmil is Farms) • (may N/A Percentage of stock owned y6 Have you ever plead guilty, been found guilty, received supervision. plead tub contendere (no contest) to any felony under any Federal. State. County or Municipal low ordinance? if Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. Attach a copy of the current Alcohol 'Awareness Certification. Will yob participate in the operation of the business? If "Yes", state in detail the nature of your participation. (Attach Confidential lnfemndon Forms) 6. List below persons or corporations owning 5% or more of the stock of the applicant. other than those named in answer to question S. State the percentage of stock so owned. Midwest Gaming Borrower. LLC Page of stock owned 100 ercent Percentage of stock owned Percentage of stock owned 96 (Attack CoolWendal information Perms) 7, Does applicant own premises for which license is sought? Yes If nos, when does applicant's lease expire? N/A 8. Is the location ado sppliwet's business for which lionise is sought within one hundred (100) feet of any church, school, hospital, hems for aged or indigent persons err for veterans. their wives or children, or any naval or miliary elation. as defined by oniiaamce of this any? Np 9. Is any law enforcing Weir/. Mayor, Alderman. Member of a Co Commission or Board, or rssy President or member of a County Board directly or indirectly Interested is the business for which license is sought?.._._ If answer is 'Yes", give particulars N/A 10. Is or will the business be conducted by a Manager or Agent? Yes If answer is "Yes", complete attached Manager's supplemental sheet for each manager. ti. 12. loopy crag dwsterdmoSieetcrpmae&ofayneekbelinge.alelInoldsalpeemeraeaodoeMap"eaecpa)dinsuetaf Iwo eartfrosa, war game oily. nodedoeperddem, fledeeaReduetee aeeenylenay fdbearn'drtIWsb9tn.Om" es MiplWit mdeeent� u71a, speet►edddard deo 'dpdtyierabseds.deratSeam Onveone _dWmeb oil oft dohs eels the so aka uegrow efsail mpr+e'en.ruluaeitdd.so"dNlege eaproswen eta *es poweeeMeV de rte t dM wspedsm.asarobot pall Met boo geed pig el" WeldeRdsw*Mud. OdeAlergrladdfsLlimeerbeeirgalm w. um. llrs,.swagiuseaeRazolaed.mut. goofelbow sol gi Moen PO - .q. Ohs op egos sr dram staid emependenost no ouladdni ameba lobe Noon nue drain poems CM ilehe meg at nig Re,>lwdsm er*>►easd pebraar Oe e head pew orkrau 1bieRl.911$s.42.e p at ileeldpe' ge atesdleeees died a tlr karst ars saw Opt honer dp tad dupsrtheyabseeNeersionenrloer weed leAmoy r nungaitio Itwin. .Reref peso seessdded.Anne, deg ed *idle= N. idudoa/flieooxeegewskitheca►tlQlein DtaixeheidcogneWRsrsgelotikeldeoseldom baba wooawn Mao Ova walla (S*)OMomit cling u aeeedres.ewbsplless.AraslawMese'eft►tiletidedfriapoedswethroleeadeat sari's geed MOON L loeatlotea _ 15. 1lssylhegam etodium, N/A the apo caw mew* woo ayPaged. Slows gee sdeetkseodomasa agenda asemyeinem along sod m•etsefr asgstritayst eed3dgrrmug belies melte 'lithesome"'use One Flo semi ti )enliswldeeeharmieao,Mw raged/ MO No. Ike MOW *MO =dem meow ferneddiestioneeden WA MANE, Id. vamp prfipp kilangd1 i gpitele•tau iscomedy Mien Sy awRMmemo Wig oitiegicAuthcgfwdal ago&drs elomeriepileeetrrsthe.►Arodepa osguidedalioIletweuredowayr....rd.equelAeo. UM* Cengliolle1 lefluneelee gem lir guy 17. 1(lid adoulediedlo Sdhoo. ailanyaamallysr ame aNrsi'el{7seeam as WIWIeeepeeoMeNOW awe s`eidtden d e..%is. AFFIDAVIT STATE OF ILLINOIS COUNTY OF COOK S$. The mtdeea4mesd swear torsoTa) dot So aosporadoe in whose sae this applccdda. is nude well owl violate nay of the mamas of the Qty of Dia plate or the laws dila Stale of Iliieeis or of do [teed Stop ofMoe.ias.is oho coeds_ ado place ablation desetibedbaela and that the smaaent cmwiMed is this p sat nue mad coma is an best _tour tll0wiedia sad belief. Aa Maid krstenaw calmed apania: dmbe y malt lotto Ile el ll tial r when oldie dm bailout Gelb aloha I hither understudied aekaaWhdge dot say No momma ill this apPaMn. or seraades of any depot license'wand pageant is this apppptpn. Subscribed end sworn to beast me this1 S t day of "OFFICIAL SEAL" Jennifer G Gallery Notary slag Public„ Stats of II CalmUtMon lea 51YW2015 ':JLC ._ COO 'meow Seamy SUPPLEMENTARY MANAGERS FORM Will the b>alness be conducted or supervised by a Manager or Agent? Yes If answer is "Yes." the following questions muss be answered by such Agent or Manage,- INasse Bill Keene 2. Have you ever plead guilty to or been found guilty of any felony under the Criminal Code of Illinois? No 9. Have you ever plead 'Why to or been found guilty of any felony under any Federal. State, County or Municipal law oNwatre of being the keeper of house of IN fame•, or of pandering, or of oder crime or misdemeanor opposed to decency and morality? No If so. give dates end pate the offense +. HaN you ever pled guilty to or been thorn, guilty of a violation of any Fedes*1. State, County or Municipal Liquor law or Managua since If so. give dates and state the offense 5. Have you ever plead guilty. been found guilty. received supervision, plead nob contendere (no contest) to any felony wider any Federal. State, County or Municipal law ordinance? No If Yes. mach additional sheet identifying charge, date of finding, Court nate and Branch and case docket number. 6. Has any license previously issued to you by State, Federal or bad authorities been revoked? No If so, pare reasons therefore and date of revocation • 7. Attach a copy of the current Alcohol Awareness Certification. S. Attach Coafidaanial Informarbn Fonts 1 swear (or affirm) that I will not violate navy of the ordinances des City of Des Ptaines or the taws of the State of Illinois or the laws of the United Street of America. in the conduct of the place of business described herein, and that the statements made by me hangs are we and coerces to die bat of my knowledge and belief. Notary Public Seal Wager Form for Corporations CITY OF DES PLAINES APPUCATION FOR LICENSE UNDER DES PLAINES LIQUOR CONTROL ORDINANCE TO: Liquor Control Commissioner: The undersigned hereby makes application for die issuance of a license to engage in the business of selling alcoholic liquors, as indicated hereafter. I. Applicant's corporate name Midwest Gaming & Entertainment, LLC Doing business ar 34003 Rivers Casino - Coffee Shop 2. Location of place of business for which license is sought (A) 3000 South River Road, Des Plaines, IL 60018 (B) Hours of operation: TBD phi; 888-307-0777 Mimi adages by Ana and umber) 3. Date of incorporation 10-7-2008 ; Under laws of Stue of Delaware (Attach a copy of the most recent State of Illinois Domestic Corporation Annual Repeat) Name of Registered Agent: CT Corporation System Address: 208 South LaSalle Street, #814, Chicago, IL 60604 pix Numb= 800-369-1245 4. Classification of Licenses being applied for. Class A (Tavern Liquors Dealers License - sees 250 people cc las) _....Class A -I (Tavern License - seat 251 10 500 people) —_.. Class A-2 (Tavern License - seat more than 500 people) Class AB (Tavern and Bulk Sale on and off premises - seat 250 people or less) Class AB -I (Divan and Bulk Sale - seat 250 so 500 people) Class AB -2 ('fhvem and Bulk Sale - seat over SOO people) Chas B (Bulk Sales Dealers License - yo consumption on prsrnises) Class B-1 (Bulk Sales. Liquor not prey per) Class C (Club Liquor Licence) Class E and Dining Room License - seat over SO people) Class F (Restaurant, BeerOnly) Class G (Banquet Hall) Class H-1 (Roseman', Bear and Wine Only) Class 11.2 (Bulk Sale. Beer and Wine Only) _.. Class I (Religious Society License) Class J (Special 4 are Liquor License -Class A License Required) Class K (Government Facility License) Gass L (Wine Only -On and Off Pr muses) 5. State names of directors end officers, and indicate the percentage of stock owned in applicant corporation, if any. (Note: If more than three directors. attach separate sheet with required information for additional dikectars.) CEO Greg Carlin (A) President Percentage of stock owned -0_ lb Have you ever plead guilty. been found guilty, received supervision, plead nolo contendere (no conicat) to any felony under any Federal, State, County or Municipal law ordinance? No If Yes. attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. (B) Attach a copy of the tumult Alcohol Awareness Certification. Do you participate in the operation of the business? No on-site operations. Ir "Yes^, sure in detail the nature of your participation. N/A (Attach Confidential Infe rmatiro Fonus) Vice President COO David Patent Percentage of stock owned 96 Have you ever plead guilty, been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal. State, County or Municipal law ordinance? No If yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. Attach a copy of the parent Alcohol Awareness Certification. Will you participate in the operation of the business? No on-site operations. If "Yes", stagy in detail the natant of your participation. N/A (Attach Confidential Information Forms) (C) y N/A Paroentage of stock owned 96 Have you ever plead guilty. been found guilty. received supervision, plead nolo contesters (no contest) to any felony under any Federal. State, County or Municipal law ordinance? If les, attach additional sheet identifying chargee. data of finding, Coon Darer and Branch and cmc docket number. Attach a copy of the current Alcohol 'Awareness Certification. Will yob participate in the operation of the business? If "Yes", state in detail the nature of your participation. (Attach Codtdeedal Informutlon Perms) 6. list below persons or corporations owning 5% or more of the stock of the applicant. other than those named in answer to question 5. State the percentage of stock so owned. Midwest Gaming Borrower, LLC Percentage of stock owned100 P rceotage of stock owned 96 Percentage of stock owned 95 (Attach Ceefidential Information Penna) Yes 7. Does app$ "r own premises for which license is sought? if not. when does applicant's lease expire? N/A 8. Is the location of the applicant's business for which license is sought within one hundred (100) feet of any church. school, hospital. home for aged or kaftan persons or for veletans. their wives or children. or any naval or military station. c defined by ordinance 'HUM City? NP 9. Is any law enforcing official. Mayor, Alderman, Member of a City Commission or Band, or any President or member of a County Board di ectly or indirectly interested is the buslrcss for which license is sought? „No If answer is "Yea", give particutas N/A 10. Is or will the business be conducted by a Manager or Agent? Yes If answer is "Yes", complete attached Manager's supplemental sheet for each manager. a1. 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Lsay �.& — W .i � �r Me leamaa"W MEfrap alMMaeesetsewins�sAtuhopi anddi II Cameo elssappommrWnaes Ranthrud. come idalWiolabowrlssrntveedsmapeeeaaadurrvhdskta, lAlladidot lmadbaram Wn/hourArOdd 17. iMdsdosat lra thaw demo#rMlrryra*reUMar apprrd-. dad hsapdndaerlafpdaltbnhen (lhotelaMMl ' STATE OF NOJS COUNTY OP COOK A1.)S.S. The otoseniphed wear (or affirm) that eke: eorpando a in whore mss this applarsko b meds will not bolas any *Me adman= = d the City of Des ?Idea or the laws old* State atillimitor dda Whetted Stela ofl4naite.in the naiad area pleas of bedsieU deeodb:d beads ad chit the ahothaaaxta connived Ia this sppfiwlole ars tare and coneat *do bas doe bgwkdre end htdisf. he Modal Awarenan mind mama:Mal bean dsty as di tiara when** bullpen sub tllobol. 1 foram aderslad lad ak, re that ally frim satemonts it this appBwidn may nosh in the add d this arra:Wok or romadee deny dquot Ikons hand pursuant w W s application. ."�,� ire* COO OK M e Mlyrapred',dadatanurstks MVIDAm Subscribed and swam to alba ata this1 s t day of Jung SUPPLEMENTARY MANAGERS FORM Will the business be conducted or supervised by a Manager or Agent? Yes It answer is "Yes:" the following questions most be answered by such Agent or Manager. I Name Bill Keena 2. Have you ever plead guilty to or been found guilty of any Mony under the Ctituinal Code of mow No 3. Have you ever plead guilty to or been found sulky of any felony under any Federal, State, Corney or Municipal law ordinance of bcins the keeper of house of ill fame; or of pandering, or of other crime or misdemeanor opposed to decency and morality? No If so. give dales and sate the Wenn 4. Hao you ever plead guilty to or been found guilty of a violation of any Federal, State, County or Municlpsl liquor law or ordinance since 5. If so. give dates and state the offense Have you ever plead guilty, been found guilty, received supervision, plead nob conteodae (no contest) to any felony under r:�y Federal. State, County or Municipal law ordinance? No If Yes, suach additional shed identifying charge. date of finding, Coun name and Branch and case dodoes number. 6. Has any license previously issued to you by State, Federal or local authorities been revoked? No If so. state reasons thetefore ind date of revocation 7. Attach a copy oldie current Alcohol Awareness Certification. 8. Attach Coafdetnial Inf rmadoo Fors I swear or ammo that I wilt not violate any of the ordinances of the City of Des Plaines or the laws of the State of Illinois or the laws of the United Stales of America, in the conduct of the place of business desoibr4 herein, and that the uatemene made by me heseia era nue and contra to the bee rimy knowledge and belief. Subsaibed and 25 mime) before offt MA T m - Notary Public Seal Manager tk ; ; I a •:= 43O2 1.2: 06 CT CORP 312 263 0124 P.03 CERTIFICATE OF FORMATION OF MIDWEST GAMING & ENTERTAINMENT, LLC 1. The name of the limited liability company being formed hereby is Midwest Gaming & Entertainment, LLC (The "Company"). 2. The address of the Company's registered office in the State of Delaware is 1209 Orange Street in the City of Wilmington, County of New Castle. The name of the Company's registered agent at such address is The Corporation Trust Company. 3. The rights and duties with regard to the Company's business and affairs shall be vested in the members. 4. No member may sell, assign or transfer its interest in the Company at any time, except as otherwise provided in the Company's Limited Liability Company Agreement. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation of Midwest Gaming & Entertainment, LLC this 14th day of August, 2002. KAREN?. LEONE/S/ Karen E. Leone Authorized Representative ch Idocs_750311 1 0e114102 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 01:30 PM 08/14/2002 020515056 - 3558523 TOTAL P.03 De (aware The First State PAGE 1 I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "MIDWEST GAMING & ENTERTAINMENT, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE EIGHTH DAY OF APRIL, A.D. 2010. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN PAID TO DATE. 3558523 8300 100363527 You may verify this certificate online at corp.delaware gov/authver.ahtml Jeffrey W. Bullock, Secretary of State AUTHEN TION: 7919964 DATE: 04-08-10 File Number 0257783-6 To all to whom these Presents Shall Come, Greeting: I, Jesse White, Secretary of State of the State of Illinois, do hereby certify that MIDWEST GAMING & ENTERTAINMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY HAVING OBTAINED ADMISSION TO TRANSACT BUSINESS IN ILLINOIS ON OCTOBER 07, 2008, APPEARS TO HAVE COMPLIED WITH ALL PROVISIONS OF THE LIMITED LIABILITY COMPANY ACT OF THIS STATE, AND AS OF THIS DATE IS IN GOOD STANDING AS A FOREIGN LIMITED LIABILITY COMPANY ADMITTED TO TRANSACT BUSINESS IN THE STATE OF ILLINOIS. In Testimony Whereof, I hereto set my hand and cause to be affixed the Great Seal of the State of Illinois, this 8TH day of APRIL A.D. 2010 Authentication #: 1009801232 Authenticate at: http://www cyberdriveillinois coin Q-).64,•dx. )1/3gf:&. SECRETARY OF STATE CITY OF DES PLAINES ORDINANCE M - 22 - 11 AN ORDINANCE AMENDING TITLE 4, `BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," OF THE DES PLAINES CITY CODE TO ADD "CLASS N CASINO LIQUOR LICENSE" AND "CLASS 0 CASINO SPECIAL OCCASION LICENSE." BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 3, "Local Liquor Control Commissioner," of the City Code of Des Plaines, be amended and read as follows: 4-4-3: LOCAL LIQUOR CONTROL COMMISSIONER: A. The mayor shall be the local liquor control commissioner for the city. This office may also be referred to in this City Code as "liquor control commissioner" or "local liquor control commissioner," or the "city's local liquor control commissioner." B. All applications for licenses shall be under oath and be filed with the local liquor control commissioner. The city attorney shall review the same and the police department shall investigate and fingerprint the applicants, managers, on site supervisors and bartenders, and all persons owning stock in a closed corporation of five percent (5%) or more. Thereafter, the local liquor control commissioner shall make a recommendation to the city council. (Ord. M-16-01, 4- 2-2001) C. The local liquor control commissioner may appoint a person or persons to assist him in the exercise of the powers and the performance of his duties. (Ord. M-24-93, 6-7-1993) SECTION 2: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 4, "Classification of Licenses; Description," of the City Code of Des Plaines, be amended and read as follows: 4-4-4: CLASSIFICATION OF LICENSES; DESCRIPTION: Class A (A-1) (A-2) Tavern liquor dealer's license Class AB (AB -1) (AB -2) Tavern and bulk sales dealer's license 1 Class B (B-1) Bulk sales dealer's license Class C Club liquor license Class D Special occasion license Class E Restaurant and dining room license Class F Beer only license Class G Banquet hall liquor license Class H (H-1) (H-2) Beer and wine only license Class I Religious society license Class J Special four A.M. liquor license Class K (K -subsidiary) Governmental facilities license Class L Wine only license Class M Gas station license Class N Casino liquor license Class 0 Casino special occasion license CLASS A, A-1 AND A-2 TAVERN LIQUOR DEALER'S LICENSE: No Change. CLASS AB, AB -1 AND AB -2 TAVERN AND BULK SALES DEALER'S LICENSE: No Change CLASS B AND B-1 BULK SALES DEALER'S LICENSE: No Change CLASS C CLUB LIQUOR LICENSE: No Change CLASS D SPECIAL OCCASION LICENSE: No Change CLASS E RESTAURANT AND DINING ROOM LICENSE: No Change CLASS F BEER ONLY LICENSE: No Change CLASS G BANQUET HALL LIQUOR LICENSE: No Change CLASS H-1 AND H-2 BEER AND WINE ONLY LICENSE: No Change CLASS I RELIGIOUS SOCIETY LICENSE: No Change 2 CLASS J SPECIAL FOUR A.M. LIQUOR LICENSE: No Change CLASS K GOVERNMENTAL FACILITIES LICENSE: No Change CLASS K -SUBSIDIARY LICENSE: No Change CLASS L WINE ONLY LICENSE: No Change CLASS M GAS STATION LICENSE: No Change CLASS N Casino Liquor License: Authorizes the retail sale of alcoholic liquor for sale by the drink for consumption on the premises where sold and not for resale. Such Class N License shall also be governed by the following rules: A. Such license shall be issued only to persons, firms or corporations holding a riverboat owners license (also referred to in this Title as an "owners license") issued by the Illinois Gaming Board to conduct gambling operations pursuant to the Illinois Riverboat Gambling Act (230 ILCS 10/1 et seq.). Any liquor license issued by the local liquor license commission shall be valid only during such periods as the riverboat owners license is not terminated, suspended, revoked, expired or non -renewed. A riverboat owner licensee may hold more than one Class N liquor license. B. A Class N license may be issued for one or more premises in a building having limited and secure access points through which individuals may be admitted and through which individuals may obtain egress under the supervision or control of the licensee or its designees and in which building gambling activity is subject to regulation by the Illinois Gaming Board pursuant to the Illinois Riverboat Gambling Act (230 ILCS 10/1 et seq.). C. Consumption of alcoholic liquor shall be limited to: 1. those areas designated as the licensed premises by the city's local liquor control commissioner and 2. any contiguous premises holding a Class N license and 3. any contiguous premises licensed solely by the Illinois Liquor Commission for the retail sale of alcoholic liquor for sale by the drink for consumption on the premises where sold and not for resale. D. Nothing in this Chapter shall be construed as prohibiting a purchaser of alcoholic liquors from carrying that purchase to or from any contiguous premises holding a Class N license and to or from any contiguous premises licensed by the Illinois Liquor Commission for the retail sale of alcoholic liquor for sale by the drink for consumption on the premises where sold and not for resale. This provision shall not be construed to authorize a purchaser of alcoholic liquors from a holder of a Class N license to carry, consume or possess that alcoholic liquor at any location on the Riverboat or elsewhere other than one covered by a Class N license or by a license issued solely by the Illinois Liquor Control Commission. CLASS 0 CASINO SPECIAL OCCASION LICENSE: Authorizes the retail sale of alcoholic liquor for sale by the drink for consumption on the premises where the special function is held 3 where sold and not for resale on special occasions. Such 0 License shall also be governed by the following rules: A. Such license shall be issued only to persons, firms or corporations holding an owners license issued by the Illinois Gaming Board to conduct gambling operations pursuant to the Illinois Riverboat Gambling Act (230 ILCS 10/1 et seq.), which license is not terminated, suspended, revoked, expired or non -renewed. B. A Class 0 license may be issued for a premises which is 1) owned or controlled by the holder of an owners license issued by the Illinois Gaming Board and which is 2) within an area of land in Des Plaines bounded on the east by Des Plaines River Road, on the south by the north line of Devon Avenue, on the west by the east line of the Northern Illinois Toll Highway Tri-State Tollway maintained by the Illinois Toll Highway Authority and on the north by a line running in an approximate east -west direction parallel to and 1315 feet north of the north line of Devon Avenue. C. A premises for which a Class 0 license is issued may be a portion of a parking garage, or parking lot but during those periods for which the license is issued, the premises must be within an area controlled by limited and secure access points through which individuals may be admitted and through which individuals may obtain egress under the supervision or control of the licensee or its designees. D. Alcoholic liquor may only be consumed on the premises where the special function is held and may not be carried or otherwise transported by a purchaser outside the premises except to a contiguous premises, if any, for which a Class 0 license has been issued and is then in effect. E. The licensee is not authorized to sell alcoholic liquor during any hours when it does not also offer food for consumption on the premises. F. No more than eight (8) such Class 0 licenses shall be granted, and they shall not exceed a total of ten (10) days, for any one such premises or to any one such licensee in any calendar year. G. The local liquor control commissioner may prescribe the kinds of alcoholic liquors that may be sold, the hours during which same may be sold and such other reasonable conditions as he may deem appropriate under the circumstances. The fee to be paid for such a special occasion license shall be set forth in section 4-4-5 of this chapter. SECTION 3: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be amended and read as follows: 4-4-5: LICENSE FEES AND NUMBER: Schedule of Fees, Number of Licenses Authorized To Be Issued: 4 B. No change C. No change SECTION 4: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 10, "Hours of Sales," of the City Code of Des Plaines, be amended and read as follows: 5 Class Number Issued Initial Fee Annual Fee Class A 34 $3,850.00 $1,925.00 Class A-1 4,840.00 2,420.00 Class A-2 2 6,050.00 3,025.00 Class AB 7,480.00 3,740.00 Class AB -1 8,470.00 4,235.00 Class AB -2 9,680.00 4,840.00 Class B Class B-1 20 11 3,630.00 1,815.00 Class C 2 1,210.00 605.00 Class D per day 28.00 Class E 14 3,630.00 1,815.00 Class F 2,860.00 1,430.00 Class G 3 3,630.00 1,815.00 Class H Class H-1 Class H-2 6 7 3,630.00 1,815.00 Class I 1 600.00 300.00 Class J 4 3,630.00 1,815.00 Class K 1 550.00 Class K -subsidiary Annual Per event 440.00 55.00 Class L 2,860.00 1,430.00 Class M 7 3,630.00 1,815.00 Class N 12,000.00 6,000.00 Class 0 per day 1,000.00 500.00 B. No change C. No change SECTION 4: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 10, "Hours of Sales," of the City Code of Des Plaines, be amended and read as follows: 5 4-4-10: HOURS OF SALES: A. No change. B. No change. C. No change. D. No change. E. Class N Specific Restrictions: A holder of a Riverboat Owners License that also holds a Class N License and for which Owners License the Illinois Gaming Board has approved a Gaming Day ending at or before 4:00 a.m. may sell alcoholic beverages or furnish or permit the same to be consumed on the Riverboat from 9:30 a.m. until one hour prior to the Licensee's close of Gaming Operations that Gaming Day, as set forth in 86 II. Admn. Code Section 3000.930. F. On those days designated by law to change from or to Standard Time, the actual permitted hours of operation shall not be affected and a licensed premises shall close on such days as if the time change had not occurred. SECTION 5: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 11, "Premises Restrictions," Subsection B Unobstructed View Required," of the City Code of Des Plaines, be amended and read as follows: 4-4-11: PREMISES RESTRICTIONS: A. Location Near Churches, Schools, Etc.: No Change. B. Unobstructed View Required: In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed, (other than as a restaurant, hotel, club or any bowling alley, except where the restaurant, hotel, club or bowling alley has windows through which the part of the premises maintained for the sale of alcoholic liquors can be viewed from the street, the provisions of this subsection will be in full force and effect) no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises, or inside the premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times; and no booth, screen, partition or other obstruction, nor any arrangement of lights or lighting shall be permitted in or about the interior of such licensed premises which shall prevent a full view of the entire interior of such premises from the street, road or sidewalk, and said premises must be so located that there shall be a full view of the entire interior thereof from the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee, or be permitted to be obscured or in any manner obstructed, then such license shall 6 be subject to revocation in the manner herein provided. The provisions of this subsection D shall not apply to class N licensees. C. Sidewalk Tables: No Change. D. Screening From Abutting Properties: No Change. SECTION 6: If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the ordinance. SECTION 7: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2011. APPROVED this day of , 2011. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK Published in pamphlet form this day of , 2011. MAYOR Approved as to form: xe& CITY CLERK David R. Wiltse, City Attorney NOTE: New language is underlined. Legal\Ord\Liq Lie Title 4 Chapter 4 Add Class N & 0 7 CITY OF DES PLAINES ORDINANCE M - 23 - 11 AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS N LIQUOR LICENSE FOR MIDWEST GAMING & ENTERTAINMENT, LLC D/B/A RIVERS CASINO — HUGO'S FROG BAR & CHOP HOUSE AT 3000 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be amended and read as follows: 4-4-5: LICENSE FEES AND NUMBER: A. Schedule Of Fees, Number Of Licenses Authorized To Be Issued: 1 Class Number Issued Initial Fee Annual Fee Class A 34 $3,850.00 $1,925.00 Class A-1 4,840.00' 2,420.00 Class A-2 2 6,050.00 3,025.00 Class AB 7,480.00 3,740.00 Class AB -1 8,470.00 4,235.00 Class AB -2 9,680.00 4,840.00 Class B Class B-1 20 11 3,630.00 1,815.00 Class C 2 1,210.00 605.00 Class D per day 28.00 Class E 14 3,630.00 1,815.00 1 Class F 2,860.00 1,430.00 Class G 3 3,630.00 1,815.00 Class H Class H-1 Class H-2 6 7 3,630.00 1,815.00 Class I 1 600.00 300.00 Class J 4 3,630.00 1,815.00 Class K 1 550.00 Class K -subsidiary Annual Per event 440.00 55.00 Class L $2,860.00 $1,430.00 Class M 7 $3,630.00 $1,815.00 Class N 01 12,000.00 6,000.00 Class 0 per day 1,000.00 500.00 B. No change C. No change SECTION 2: That Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino — Hugo's Frog Bar & Chop House located at 3000 South River Road is hereby granted a Class N Liquor License in the City of Des Plaines. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2011. APPROVED this day of , 2011. VOTE: AYES NAYS ABSENT 2 MAYOR ATTEST: CITY CLERK Published in pamphlet form this day of , 2011. CITY CLERK Approved as to form: 1)04 & VAitoe David R. Wilts,e, City Attorney NOTE: New language is underlined. Legal\Ord\Special\Liq Lic\Rivers Casino — Hugo's Add Class N Liquor License CITY OF DES PLAINES ORDINANCE M - 24 - 11 AN ORDINANCE AMENDING TITLE 4, `BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS N LIQUOR LICENSE FOR MIDWEST GAMING & ENTERTAINMENT, LLC D/B/A RIVERS CASINO — CUBE AT 3000 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be amended and read as follows: 4-4-5: LICENSE FEES AND NUMBER: A. Schedule Of Fees, Number Of Licenses Authorized To Be Issued: Class Number Initial Annual Class B-1 Issued Fee Fee Class A Class A-1 Class A-2 Class AB Class AB -1 Class AB -2 34 2 $3,850.00 4,840.00 6,050.00 7,480.00 8,470.00 9,680.00 $1,925.00 2,420.00 3,025.00 3,740.00 4,235.00 4,840.00 Class B 20 3,630.00 1,815.00 Class B-1 11 Class C Class D per day Class E 2 14 1,210.00 3,630.00 605.00 28.00 1,815.00 I Class F 2,860.00 1,430.00 Class G 3 3,630.00 1,815.00 Class H Class H-1 Class H-2 6 7 3,630.00 1,815.00 Class I 1 600.00 300.00 Class J 4 3,630.00 1,815.00 Class K 1 550.00 Class K -subsidiary Annual Per event 440.00 55.00 Class L $2,860.00 $1,430.00 Class M 7 $3,630.00 $1,815.00 Class N 4- 2 12,000.00 6,000.00 Class O per day 1,000.00 500.00 B. No change C. No change SECTION 2: That Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino — Cube located at 3000 South River Road is hereby granted a Class N Liquor License in the City of Des Plaines. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2011. APPROVED this day of , 2011. VOTE: AYES NAYS ABSENT 2 MAYOR AI !EST: CITY CLERK Published in pamphlet form this day of , 2011. CITY CLERK Approved as to form: katit.i Q WAJ David R. Wiltse, City Attorney NOTE: New language is underlined. L.egal\Oni\Special\ iq Lic\Rivers Casino — Cube Add Class N Liquor License 3 CITY OF DES PLAINES ORDINANCE M - 25 - 11 AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS N LIQUOR LICENSE FOR MIDWEST GAMING & ENTERTAINMENT, LLC D/B/A RIVERS CASINO — CANOPY BUFFET AT 3000 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be amended and read as follows: 4-4-5: LICENSE FEES AND NUMBER: A. Schedule Of Fees, Number Of Licenses Authorized To Be Issued: Class Number Issued Initial Fee Annual Fee Class A 34 $3,850.00 $1,925.00 Class A-1 4,840.00 2,420.00 Class A-2 2 6,050.00 3,025.00 Class AB 7,480.00 3,740.00 Class AB -1 8,470.00 4,235.00 Class AB -2 9,680.00 4,840.00 Class B Class B-1 20 11 3,630.00 1,815.00 Class C 2 1,210.00 605.00 Class D per day 28.00 Class E 14 3,630.00 1,815.00 1 Class F 2,860.00 1,430.00 Class G 3 3,630.00 1,815.00 Class H Class H-1 Class H-2 6 7 3,630.00 1,815.00 Class I 1 600.00 300.00 Class J 4 3,630.00 1,815.00 Class K 1 550.00 Class K -subsidiary Annual Per event 440.00 55.00 Class L $2,860.00 $1,430.00 Class M 7 $3,630.00 $1,815.00 Class N 2 3 12,000.00 6,000.00 Class 0 per day 1,000.00 500.00 B. No change C. No change SECTION 2: That Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino — Canopy Buffet located at 3000 South River Road is hereby granted a Class N Liquor License in the City of Des Plaines. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2011. APPROVED this day of , 2011. VOTE: AYES NAYS ABSENT 2 MAYOR ATTEST: CITY CLERK Published in pamphlet form this day of , 2011. CITY CLERK Approved as to form: David R. Wiltse, City Attorney NOTE: New language is underlined. Legal\Ord\SpeciaNrq Lic\Rivers Casino — Canopy Buffet Add Class N Liquor License 3 CITY OF DES PLAINES ORDINANCE M - 26 - 11 AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS N LIQUOR LICENSE FOR MIDWEST GAMING & ENTERTAINMENT, LLC DB/A RIVERS CASINO — MIANBAR AT 3000 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be amended and read as follows: 4-4-5: LICENSE FEES AND NUMBER: A. Schedule Of Fees, Number Of Licenses Authorized To Be Issued: Class Number Initial Annual Class B-1 Issued Fee Fee Class A Class A-1 Class A-2 Class AB Class AB -1 Class AB -2 34 2 $3,850.00 4,840.00 6,050.00 7,480.00 8,470.00 9,680.00 $1,925.00 2,420.00 3,025.00 3,740.00 4,235.00 4,840.00 Class B 20 3,630.00 1,815.00 Class B-1 11 Class C Class D per day Class E 2 14 1,210.00 3,630.00 605.00 28.00 1,815.00 1 Class F 2,860.00 1,430.00 Class G 3 3,630.00 1,815.00 Class H Class H-1 Class H-2 6 7 3,630.00 1,815.00 Class I 1 600.00 300.00 Class J 4 3,630.00 1,815.00 Class K 1 550.00 Class K -subsidiary Annual Per event 440.00 55.00 Class L $2,860.00 $1,430.00 Class M 7 $3,630.00 $1,815.00 Class N a 4 12,000.00 6,000.00 Class 0 per day 1,000.00 500.00 B. No change C. No change SECTION 2: That Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino — Mianbar located at 3000 South River Road is hereby granted a Class N Liquor License in the City of Des Plaines. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2011. APPROVED this day of , 2011. VOTE: AYES NAYS ABSENT 2 MAYOR ATTEST: CITY CLERK Published in pamphlet form this day of , 2011. CITY CLERK Approved as to form: David R. Wiltse, City Attorney NOTE: New language is underlined. Legal \Oirl\SpeciaF Liq Lic\Rivets Casino Mianbar Add Class N Liquor License 3 CITY OF DES PLAINES ORDINANCE M - 27 - 11 AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS N LIQUOR LICENSE FOR MIDWEST GAMING & ENTERTAINMENT, LLC D/B/A RIVERS CASINO — FLIPT AT 3000 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be amended and read as follows: 4-4-5: LICENSE FEES AND NUMBER: A. Schedule Of Fees, Number Of Licenses Authorized To Be Issued: 1 Class Number Issued Initial Fee Annual Fee Class A 34 $3,850.00 $1,925.00 Class A-1 4,840.00 2,420.00 Class A-2 2 6,050.00 3,025.00 Class AB 7,480.00 3,740.00 Class AB -1 , 8,470.00 4,235.00 Class AB -2 9,680.00 4,840.00 Class B Class B-1 20 11 3,630.00 1,815.00 Class C 2 1,210.00 605.00 Class D per day 28.00 Class E 14 3,630.00 1,815.00 1 Class F 2,860.00 1,430.00 Class G 3 3,630.00 1,815.00 Class H Class H-1 Class H-2 6 7 3,630.00 1,815.00 Class I 1 600.00 300.00 Class J 4 3,630.00 1,815.00 Class K 1 550.00 Class K -subsidiary Annual Per event 440.00 55.00 Class L $2,860.00 $1,430.00 Class M 7 $3,630.00 $1,815.00 Class N 4 5 12,000.00 6,000.00 Class 0 per day 1,000.00 500.00 B. No change C. No change SECTION 2: That Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino — Flipt located at 3000 South River Road is hereby granted a Class N Liquor License in the City of Des Plaines. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2011. APPROVED this day of , 2011. VOTE: AYES NAYS ABSENT MAYOR A FEST: CITY CLERK Published in pamphlet form this day of , 2011. CITY CLERK Approved as to form: David R. Wiltse, City Attorney NOTE: New language is underlined. Legal\Ord\Special\Liq Lic\Rivers Casino — Flipt Add Class N Liquor License 3 CITY OF DES PLAINES ORDINANCE M - 28 - 11 AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS N LIQUOR LICENSE FOR MIDWEST GAMING & ENTERTAINMENT, LLC D/B/A RIVERS CASINO — COFFEE SHOP AT 3000 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be amended and read as follows: 4-4-5: LICENSE FEES AND NUMBER: A. Schedule Of Fees, Number Of Licenses Authorized To Be Issued: Class Number Initial Annual Class B-1 Issued Fee Fee Class A Class A-1 Class A-2 Class AB Class AB -1 Class AB -2 34 2 $3,850.00 4,840.00 6,050.00 7,480.00 8,470.00 9,680.00 $1,925.00 2,420.00 3,025.00 3,740.00 4,235.00 4,840.00 Class B 20 3,630.00 1,815.00 Class B-1 11 Class C Class D per day Class E 2 14 1,210.00 3,630.00 605.00 28.00 1,815.00 1 Class F 2,860.00 1,430.00 Class G 3 3,630.00 1,815.00 Class H Class H-1 Class H-2 6 7 3,630.00 1,815.00 Class I 1 600.00 300.00 Class J 4 3,630.00 1,815.00 Class K 1 550.00 Class K -subsidiary Annual Per event 440.00 55.00 Class L $2,860.00 $1,430.00 Class M 7 $3,630.00 $1,815.00 Class N S 6 12,000.00 6,000.00 Class 0 per day 1,000.00 500.00 B. No change C. No change SECTION 2: That Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino — Coffee Shop located at 3000 South River Road is hereby granted a Class N Liquor License in the City of Des Plaines. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2011. APPROVED this day of , 2011. VOTE: AYES NAYS ABSENT 2 MAYOR ATTEST: CITY CLERK Published in pamphlet form this day of , 2011. CITY CLERK Approved as to form: 09404 Rw. David R. Wiltse, City Attorney NOTE: New language is underlined. Legal \Ord\Special\Liq Lic\Rivers Casino — Coffee Shop Add Class N Liquor License 3 ,61111, �4 ci v OF'NS -ItT;11 DES PLAINES ILLINOIS City of Des Plaines City Attorney's Office 1420 Miner Street, Room 401 Des Plaines, IL 60016 Tel: 847-391-5303 Fax: 847-391-5003 INTEROFFICE MEMORANDUM Date: June 24, 2011 To: Jason Slowinski, Acting City Manager From: David R. Wiltse, City Attorney Re: Restrictions on Entertainment in Establishments with Liquor Licenses 11-443 Issue: Whether the City Council should consider tightening up the restrictions on entertainment in establishments that have liquor licenses. Analysis: Our City Code currently contains 4-4-18 which imposes various specific restrictions on entertainment in liquor establishments. In reviewing this section, the City Attorney has recommended to the Mayor as Local Liquor Control Commissioner, that a new provision be added to 4-4-18 which would restrict any performing dancers and entertainers to remain a minimum of six feet from any patrons. A six foot distance from patrons requirement for liquor establishments has been upheld by a federal Circuit Court of Appeals. The Mayor has agreed to this amendment to 4-4-18 of the City Code. Recommendation: Staff recommends that 4-4-18 of the City Code be amended to add a new subsection D. which will restrict dancers and entertainers in performances from being any closer than six feet to the patrons. Staff recommends that this ordinance be advanced to second reading and adopted at the special City Council meeting. DRW/ms Legal \Memos\2011\Slowinski Entertainment Liquor License Memo 1 CITY OF DES PLAINES ORDINANCE M - 29 - 11 AN ORDINANCE AMENDING TITLE 4, `BUSINESS REGULATIONS," CHAPTER 4, "LIQUOR CONTROL," SECTION 18, "LEWD ENTERTAINMENT," OF THE DES PLAINES CITY CODE. WHEREAS, The City of Des Plaines recently approved a casino to operate in the City; and WHEREAS, the Casino is planning to open in the near future; and WHEREAS, the City is aware that other live entertainment uses may seek to locate in the City which, when taken together with the Casino, may have the potential to impact the public health, safety and welfare of the City; and WHEREAS, the City desires to protect the public health, safety and welfare; and avoid as much as possible any undesireable social problems that could arise if live entertainment uses serving alcohol are not adequately regulated; and WHEREAS, this ordinance acknowledges the potential for secondary affects in the City of Des Plaines from the combination of the casino use and other live entertainment venues and therefore seeks to balance the competing interests of reducing the potential for criminal activity, health risks, disease and prostitution through the regulation of live entertainment uses that also serve alcoholic beverages and the first amendment rights of expression that might otherwise occur in such live entertainment uses; NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the basis for this ordinance. I SECTION 2: That Title 4, "Business Regulations," Chapter 4, "Liquor Control," Section 18, "Lewd Entertainment," of the City Code of Des Plaines be amended and read as follows: 4-4-18: IAD -ENTERTAINMENT RESTRICTIONS: No person licensed under this chapter shall permit any employee, entertainer, model, dancer, independent contractor or patron to engage in any live act, demonstration, performance, or exhibition on the licensed premises which: A. Exposes his genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or in which "specified anatomical areas", as more clearly defined in Chapter 4-16-1 of the City Code, are less than completely and opaquely covered; or B. Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or C. Exposes any portion of the female breast at or below the areola thereof:. or D. Allows the employee, entertainer, model, dancer, or independent contractor to be no closer than six feet to any patron during the employee, entertainer, model, dancer, or independent contractor's live act, demonstration, performance, or exhibition on the licensed premises. SECTION 3: If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2011. APPROVED this day of , 2011. VOTE: AYES NAYS ABSENT 2 MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: _ day of , 2011. e944,7d R 7itiae CITY CLERK David R. Wiltse, City Attorney Legal\Ord\2011 \Amend 4-4-18 3