The vendor behind two gambling-style machines at Power Market, 572 W. Lake St., argues the devices are legal under Illinois law, but Elmhurst police say a 2021 appellate court ruling backs their decision to cite the store's owner for a second time.

As we reported July 30, officers found the two sweepstakes-style machines inside the convenience store on Tuesday, June 23, and cited the 33-year-old owner. The machines had been operating for about three months, according to a police report obtained by Patch.

The owner told police that an employee of the vendor, Sweep West, "assured him the machines were legal in Elmhurst and across Illinois, and that the employee claimed to have checked with the city." He said Sweep West owned the devices and Power Market received only a portion of the earnings.

While officers were on scene, the owner called a Sweep West representative, who repeated the claim. Police disagreed and asked the owner to unplug and cover both machines. He complied.

Before the site went dark, Sweep West's website maintained a section titled "How It's Legal," arguing that state law allows games of chance that do not require payment to participate and that the kiosks provide free entries "merely incidental to a purchase."

As of Thursday, July 30, that website appeared to be a parked domain listed for sale. Patch reported on Wednesday, July 29, that it had left a message with the company and received no response.

That legal argument has already been tested in court. In 2021, the Illinois Appellate Court ruled in Clair v. Village of Hanover Park that sweepstakes machines accepting cash to play a game of chance qualify as video gaming terminals under state law, even if they include a free-play mode. The machines must comply with licensing and tax requirements.

Under Elmhurst's video gambling ordinance, commercial businesses cannot operate such devices. Fraternal organizations like the Elmhurst American Legion can operate licensed video gaming terminals, but retail shops cannot.

Second vendor, same argument

This is the second time in about two and a half years that a vendor has placed machines at Power Market and claimed they were legal. In November 2023, police found sweepstakes machines at the same store installed the day before. That time, a clerk said Utah-based Kiosk Guys rented the space. A Kiosk Guys representative made the same argument: the machines were "sweepstakes promotional kiosks," not gambling devices, and Elmhurst had no authority to ban them. By Friday, Dec. 8, 2023, those machines had been removed.

Police sweep finds no other machines

After the June 23 citation, Elmhurst police checked other convenience stores, restaurants, and smoke shops in the city for similar devices. None were found. The Sweep West representative's claim that other local businesses were clients did not hold up.

Meanwhile, the broader legal landscape remains unsettled. The Chicago City Council voted 33-15 on Wednesday, June 17, to reject a proposed ban on sweepstakes machines, leaving an estimated 7,000 unpermitted devices operating across that city untaxed.

No court date or hearing on the Power Market citation has been announced.