Illinois City Changes Casino Definition

The city council in Danville, Illinois changed the definition of “casino” in anticipation of state lawmakers authorizing future expanded gambling. The Golden Nugget Danville (l.) casino is expected to open there in spring 2023.

Illinois City Changes Casino Definition

In anticipation of the Illinois legislature allowing expanded gambling in the future, the Danville city council unanimously approved an amendment to the city’s zoning ordinance, defining a casino as, “A facility with a main floor level of at least 10,000 contiguous square feet that is authorized by the Illinois Gaming Board to conduct gambling games pursuant to the Illinois Gaming Act.”

Corporate Counsel James Simon said other gambling forms might include greater or an unlimited number of video gambling terminals, expanded off-track betting parlors, expanded college and professional sports wagering or a combination of these and others. Simon noted casino developer Danville Development might want a limited satellite casino with only slots or other gaming.

In addition, he said the amendment means casino-type activity could be located in other zoning districts besides those located on the city’s southeast side. Specifically, Simon said the amendment proposes permitted uses in B-3 general business and I-2 general industrial zoning districts. The city is not eliminating or confining uses, Simon pointed out. “Illinois has a history of expanding all kinds of gaming,” he said.

Meanwhile, Simon also presented an update regarding Mervis Industries, a metal recycling business, which sued Danville over the site of the Golden Nugget Danville Casino. The lawsuit, filed in May, called for a restraining order that would have caused construction of the casino to cease. Mervis claimed it would suffer harm if casino construction were allowed to proceed. In May, Illinois 5th Circuit Court Judge Mark Bovard denied the order and ruled Mervis “has failed to show that it will suffer irreparable harm if the TRO is not entered at this time.”

Mervis attorneys had argued the development of the casino will cause injuries related to increased vehicular and pedestrian traffic, and also claimed patrons who lose money at the casino could steal valuable metals from Mervis’ property.

An earlier lawsuit against the city over the property’s zoning remains intact. Simon said Mervis heirs are trying to wear the city down. He said, “Mervis Industries is doing everything they can to shut down construction of the casino.” Simon noted the zoning amendment the city council recently approved does not aim to benefit any particular casino and it has been designed to have no negative impact on any property use to expand opportunities.

Golden Nugget Danville is expected to open in spring 2023 and create 300 new jobs.

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