What Illinois law regulates Video Gaming for Browns Chicken franchisees?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
hisee requests, and Brown consents in writing to such request, for a partial or complete cessation of Video Gaming at Franchisee's Store.
-
- No other terms, provision, obligation, or covenant in the Franchise Agreement shall be affected by this Rider G.
IN WITNESS WHEREOF, the parties hereto have executed this Rider as of the day and year first above written.
BROWN'S CHICKEN, LLC an Illinois limited liability company a corporation
Schedule "A"
Definition of "Video Gaming"
"Video Gaming" is an activity that is regulated by the Illinois Video Gaming Act (the "Act"), 230 ILCS 40/1, et. seq. and is supervised by the Illinois Gaming Board, as authorized by Section 78 of the Act. Video Gaming consists of the installation by a licensed "Terminal Operator" of up to five (5) Video Gaming Terminals in a "Licensed Establishment."
"Video Gaming Terminals," as defined by Section 5 of the Act, are any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash.
"Players" are individuals aged twenty-one (21) years and older who enter a Licensed Establishment and engage in Video Gaming by inserting cash or credit cards into a Video Gaming Terminal, for the purposes of entertainment and/or winning money (deriving more money than the amount inserted into the Video Gaming Terminal).
EXHIBIT G
Sublease and Guaranty and Assumption of Obligations under Sublease
BROWN'S CHICKEN, LLC STANDARD SUBLEASE
This Sublease made and entered into this of, 20 , by and between Brown's Chicken, LLC, an Illinois Brown's Chicken, LLC (hereinafter sometimes referred to as "Sublessor" or "Tenant", as the context requires), and (hereinafter referred to as "Sublessee"). W I T N E S S E T H: WHEREAS, Sublessor, as Tenant, has entered into a Lease dated 20 (hereinafter the "Lease") with (hereinafter the "Owner") covering the property commonly known as , hereinafter collectively called the "Premises");
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, video gaming is regulated by the Illinois Video Gaming Act, cited as 230 ILCS 40/1, et seq. This act is overseen by the Illinois Gaming Board, as authorized by Section 78 of the Act. For a Browns Chicken franchisee, this means that any involvement in video gaming at their establishment must adhere strictly to the stipulations and guidelines set forth in this Illinois law.
The Illinois Video Gaming Act defines key aspects of video gaming, such as what constitutes a "Video Gaming Terminal" and who qualifies as a "Player." A Video Gaming Terminal is defined as any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. Players are defined as individuals aged twenty-one (21) years and older who enter a Licensed Establishment and engage in Video Gaming by inserting cash or credit cards into a Video Gaming Terminal, for the purposes of entertainment and/or winning money (deriving more money than the amount inserted into the Video Gaming Terminal).
Browns Chicken franchisees are considered "Licensed Establishments" under the Act and must comply with all requirements imposed on such establishments. This includes securing and maintaining the necessary state and municipal licenses or permits to offer video gaming. Franchisees are also expected to stay informed about and adhere to any rules and policies adopted by the Illinois Gaming Board. Browns Chicken requires franchisees to retain their own legal counsel for guidance on video gaming activities, emphasizing that they cannot rely on the franchisor for legal, business, or operational advice in this area.
Furthermore, the Franchise Disclosure Document outlines specific obligations for Browns Chicken franchisees, such as constructing a separate gaming area that complies with Section 58 of the Act and restricting access to individuals 21 years of age or older, as mandated by Sections 40 and 58 of the Act. Franchisees must also ensure that the gaming area is always within view of an owner, manager, or employee who is over 21 years of age, as required by Section 58 of the Act. Additionally, they must maintain an adequate video gaming fund as determined by the Board, in compliance with Section 60(d) of the Act. Failure to comply with these regulations can lead to termination of the Video Gaming Rider agreement, preventing the franchisee from operating video gaming activities at their Browns Chicken store.