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J&J Ventures Gaming is protesting the decision of the village of Tinley Park to suspend its license to operate its slot machines in three businesses this weekend for paying a push tax.

The company filed three complaints with the Cook County Circuit Court in hopes that the Tinley Park companies can continue to use their video game machines instead of serving a three-day suspension.

Two of the three judges sided with J&J’s in three separate virtual hearings Thursday and Friday over gaming terminals at Betty’s Bistro, Little Joe’s and Pad Thai restaurants in Tinley Park. Judges hearing the cases for Betty’s Bistro and Pad Thai said they would allow them to operate, citing possible loss of income and reputational damage.

Only the judge hearing a case for Little Joe’s, a pizza restaurant, denied the measure and the machines there were shut down Friday afternoon, the owner said.

J&J’s complaint concerns the village push tax, which was approved by the village council in June 2021 and came into effect on April 30 this year. The village ordinance imposes a 1 cent tax on players for each game of a video game terminal.

The terminal operators of the video game terminal are considered tax collectors for the village according to the village ordinance. According to village documents, the push tax payments accompanied by tax returns will be made to the village on or before the 20th of each month.

J&J tried to put up containers to collect players’ push tax payments from its video game machines, as well as a sign warning players about the village’s 1-cent per play policy, which it says is a tax on the players. The signs say that the tax is not collected from the money deposited into the slot machines, but players must keep up with their game and deposit the tax due to the village in a tray marked Push Tax Deposit Box, according to complaints from the court.

J&J’s operates 13 video game machines across the three Tinley Park businesses.

They collected and paid $4.05 for the push tax for the May 2022 tax period at both Little Joe’s and Pad Thai and paid it to the village in mid-June, according to their court documents, which allege the village had issued violations against the branches for failure to collect the push tax from every person who plays video games in May.

J&J attempted to install a receptacle at Betty’s Bistro to collect the push tax at Betty’s Bistro, but was rejected by the company and court documents say no players paid for the push tax for May. They also received a violation letter from the village in July, court documents said.

During Zoom hearings Thursday and Friday, attorney Kim Walberg, who represents J&J, said the license suspension process punishes the state and town for collecting gambling taxes, hurts the livelihoods of the companies and J&J’s reputation in the game. industry damage.

Customers who want to gamble on the weekend would go elsewhere if the companies had to shut down their machines, and employees, who work hourly in these establishments, would have no income, Walberg said. Shutting down the machines does the most damage to the businesses, she said.

“This takes much-needed money out of their pockets when they can least afford it,” said Walberg, calling the penalty excessive.

Instead of closing slot machines, they could have handed out a fine, she said.

Jennifer Turiello, a lawyer representing Tinley Park, said the village has the right to enforce its ordinances and said the businesses will not have to close their doors because their slot machines are temporarily closed.

The Tinley Park ordinance states that the push tax provides revenue to promote the general health, safety and well-being of the village and its residents and to provide sufficient funds to offset the adverse effects of gambling in the village.

Judge Pamela Meyerson on Thursday approved J&J’s request to stay the suspension at Betty’s Bistro. Meyerson said the penalty was higher for J&J’s and Betty’s Bistro, and the village would have to wait at least three weeks to impose a fine while the legal questions run through the court system.

Judge Caroline Moreland heard the case involving Pad Thai and also granted a 21-day stay. Moreland also said the postponement of the suspension was necessary until a court can rule on the merits of the case. She cited the loss of income for the establishment and possible reputational damage and said there are conflicting rulings between the judges in these three incidents.

A sign posted Friday at Little Joe’s Pizza in Tinley Park after video game machines were shut down after a Cook County judge refused to uphold a town ban for failing to pay a 1 cent push tax. (Little Joe’s Pizza)

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Judge Eve Reilly denied J&J’s request to suspend the suspension of Little Joe’s pizza restaurant earlier Friday, Turiello said.

Sue Vazquez, owner of Little Joe’s, said COVID-19 and inflation, which has pushed up the cost of her purchases, have hurt her business. Slot machines help pay the rent, she said.

The push tax was confusing, but she said she felt she had followed all the rules.

“COVID has been painful for everyone,” Vazquez said. “We were closed, gaming was closed. We’re all just trying to survive.”

Wanting her customers to enjoy a meal and gamble, and trying to collect a cent at a time from customers isn’t good, Vazquez said.

“They want to have fun and escape their problems,” she said. “We shouldn’t come to the customers.”

Michelle Mullins is a freelance reporter for the Daily Southtown.