A convenience store at 572 W. Lake St. has been cited for operating illegal gambling machines for the second time since 2023, with the machine vendor insisting the devices are legal despite Elmhurst's ordinance banning them from businesses.

Elmhurst police found two sweepstakes-style machines inside Power Market on Tuesday, June 23, and cited the store's 33-year-old owner, according to a police report obtained by Patch. Officers were told the machines had been operating for about three months.

The machines work like this: a customer inserts money, plays a game, and receives a prize receipt based on performance. The customer then presents the receipt to Power Market for a cash payout. A digital disclaimer on the devices labeled them "sweepstakes" machines rather than gambling kiosks.

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. The owner 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 that the machines were legal in Elmhurst. Police disagreed. Officers asked the owner to unplug and cover both machines until they could be removed, and he complied.

Same store, different vendor, same argument

This is not Power Market's first run-in with the city over gambling devices. In November 2023, an officer responded to the same store and found sweepstakes machines that had been installed the day before, according to a separate Patch report. That time, a clerk said Utah-based Kiosk Guys rented the space and was responsible for the devices. A Kiosk Guys representative made the same legal argument: the machines were "sweepstakes promotional kiosks," not gambling devices, and Elmhurst had no authority to ban them under state sweepstakes law. Police determined the machines violated the city's video gambling ordinance, and by Dec. 8, 2023, they had been removed.

Two vendors, two and a half years apart, same playbook.

Police checked the corridor

Following the June 23 citation, officers checked other convenience stores, restaurants, and smoke shops in Elmhurst for gambling machines. None were found. The Sweep West representative's claim that other local businesses were clients did not hold up.

Under Illinois law, fraternal organizations can operate licensed video gaming terminals. Elmhurst's American Legion has licensed machines. But commercial businesses in Elmhurst cannot.

The dispute hinges on whether sweepstakes machines qualify as gambling devices. Sweep West's website includes 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."

An Illinois Appellate Court addressed this argument in 2021. In Clair v. Village of Hanover Park, the court ruled 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.

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

As of Thursday, July 30, Sweep West's 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 had not received a response.