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TOMM'S REDEMPTION, INC. v. HAMER

No. 1-13-1005.

2014 IL App (1st) 131005

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.

Filed March 10, 2014.

Attorney(s) appearing for the Case

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

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

Justices Hoffman and Cunningham concurred in the judgment and opinion.

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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