TOMM'S REDEMPTION, INC. v. HAMER

No. 1-13-1005.

7 N.E.3d 750 (2014)

2014 IL App (1st) 131005

379 Ill. Dec. 912

TOMM'S REDEMPTION, INC., Plaintiff-Appellant, v. Brian HAMER, The Department of Revenue, Aaron Jaffe, Lee Gould, Michael Holewinski, Meribeth Vander Weele, and the Illinois Gaming Board, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

March 10, 2014.


Attorney(s) appearing for the Case

George E. Becker , George E. Becker P.C., Chicago, for appellant.

Lisa Madigan , Attorney General, Chicago ( Michael A. Scodro , Solicitor General, Timothy M. Maggio , Assistant Attorney General, of counsel), for appellees.


OPINION

Presiding Justice CONNORS delivered the judgment of the court, with opinion.

¶ 1 Plaintiff Tomm's Redemption, Inc., is in the business of providing coin-operated amusement devices to various establishments in the Chicago area. Section 35(a) of the Video Gaming Act (230 ILCS 40/35(a) (West 2010)), however, prohibits the possession or operation of "any device that awards credits and contains a circuit, meter, or switch capable of removing and...

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