City of Crystal Lake, IL
McHenry County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Crystal Lake as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Minors — See Ch. 343.
[Adopted 1-19-1993 (Art. IV, Ch. I, Section J, of the 1993 Code)]
As used in this article, the following terms shall have the meanings indicated:
ARCADE
A business whose primary business is the operation of mechanical amusement devices or game machines or any combination thereof.
COMMERCIAL RECREATION RESTAURANT
Any establishment where the principal purpose is the sale and serving of food and beverages for on-premises consumption and where electronic or mechanical games of recreation or amusement are provided in the combined operation for patronage and enjoyment by restaurant patrons incidental to their consumption of food and beverages. For purposes of determining whether a proposed establishment meets the definition of "commercial recreation restaurant," the following standards shall apply:
A. 
The sale and consumption of food or beverages shall be limited to the premises, except that a food or beverage carryout service may be provided to the extent that such carryout service is clearly not the principal business of that portion of the establishment devoted to the sale and consumption of food or beverages.
B. 
The recreation portion of the establishment shall not be advertised or operated as a separate facility or otherwise designed, advertised or operated to encourage use by other than restaurant patrons.
C. 
Any areas devoted primarily to mechanical amusement devices or audiovisual amusement devices shall encompass no more than 32% of the establishment's gross floor area exclusive of kitchen and storage area.
GAME MACHINE
A mechanical amusement device of an upright, tabletop, or similar nature activated by use of a coin or token. The game machine may wholly or partially be operated by electrical or mechanical means, or a combination of these. Game machines shall not include photo-type machines, juke boxes and video gaming terminals for which a current and valid video gaming terminal permit has been issued and which are lawfully operated within a licensed establishment in accordance with the provisions of § 268-3 of this Code.
[Amended 4-5-2016 by Ord. No. 7209]
GOVERNMENT
Any branch of the federal, state or local government and any municipal corporation including, but not limited to, park districts, schools or colleges and universities.
HOTEL OR MOTEL FACILITIES
A hotel or motel having in excess of 150 rental units.
A. 
Each machine which, upon the insertion of a coin, trade-token or slug, operates or may be operated as a game or contest of skill or amusement of any kind or description, and which contains no automatic payoff device for the return of money or trade-token or slugs, or which makes no provision whatever for the return of money to the player.
B. 
Any machine, apparatus, or contrivance which is used or which may be used as a game of skill and amusement wherein or whereby the player initiates, employs, or directs any force generated by the machine.
C. 
Mechanical amusement device shall not include video gaming terminals for which a current and valid video gaming terminal permit has been issued and which are lawfully operated within a licensed establishment in accordance with the provisions of § 268-3 of this Code.
[Added 4-5-2016 by Ord. No. 7209]
RESTAURANT TYPE A
A restaurant where 95% of the product that is sold will be consumed within the confines of the restaurant.
RESTAURANT TYPE B
A restaurant facility where the product is served in cafeteria-line style in disposable containers which product could be taken out. This restaurant provides no facility for table feeding, but may provide limited space for eating at a stand-up counter.
RESTAURANT TYPE C
A restaurant facility where the product is served in cafeteria-line style in disposable containers which product could be taken out or consumed on the premises. This restaurant usually provides indoor seating and/or car service.
TAVERN
A business for which a valid liquor license has been issued pursuant to Chapter 329, Liquor Licenses, of the Code, for the consumption of alcoholic beverages upon the premises and whose business is not primarily concerned with the service of meals to the public on a regular basis.
[Amended 10-6-2009 by Ord. No. 6510]
It shall be unlawful for any person, firm or corporation to have any mechanical amusement device or game machine as defined by this article as a business or in conjunction with any other business of the person, firm or corporation, or to operate or maintain any such mechanical amusement or music device or game machine, without having first obtained the license therefor. Applications shall be made to the City Manager or his/her designated representative.
[Amended 10-6-2009 by Ord. No. 6510]
A. 
Applications for such licenses shall be made in writing to the City Manager or his/her designated representative. Proposals which, in the opinion of the City Manager, do not readily conform with criteria for administratively approving an amusement device license will be required to obtain approval from the City Council.
B. 
The application shall be under oath and shall state as follows:
(1) 
The name, address and statement of legal age of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors; owned by one person or his/her nominees, the name and address of such person.
(2) 
The citizenship of the applicant, his/her place of birth, and if a naturalized citizen, the time and place of naturalization.
(3) 
The character of business of the applicant; and in case of a corporation, the objects for which it was formed.
(4) 
The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued.
(5) 
The location and description of the premises or place of business which is to be operated under such license.
(6) 
A statement whether the applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application.
(7) 
A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this section, laws of this state or the ordinances of this City.
(8) 
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked, and the reasons therefor.
(9) 
The number of machines intended to be operated under the proposed license and the number of machines currently being operated under any existing license.
(10) 
A statement from whom the license will be obtained, including the name and address of the supplier of the machines together with a statement of whether the supplier is furnishing any other similar machines to other businesses within the City of Crystal Lake.
(11) 
That the license to be issued upon the application is and will be subject to revocation by the Mayor and City Council.
A. 
A license shall be purely a personal privilege, good for not to exceed one year after the issuance. The one-year period shall be from the first day of June of each year to the 31st day of May of each year unless sooner revoked or suspended as in this article provided. Licenses issued after the first day of June of any year shall pay the full license fees as provided. A license shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that the executors or administrators of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee may continue the business under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensees. In no event shall there be any refund of any portion of any license fee paid.
B. 
Any licensee may renew the license at the expiration thereof, provided the licensee is then qualified to receive a license, and further provided that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Mayor and City Council from decreasing the number of licenses to be issued within their jurisdiction.
[Amended 4-17-2001 by Ord. No. 5407; 10-6-2009 by Ord. No. 6510]
A. 
No more than 10 game machines may be permitted in Type A restaurants. Game machines will not be permitted in Type B or Type C restaurants.
B. 
No more than 10 game machines may be permitted in tavern and nightclub establishments.
C. 
In a commercial recreation restaurant there shall be no more than 50 game machines permitted.
D. 
In a hotel there shall be no more than 20 machines permitted.
E. 
(Reserved)
F. 
In a recreation-type of facility, other than an arcade, individuals wishing to utilize games shall pay the regular admission or service fee before they shall be allowed to enter the facility to play the games; provided, however, that children who accompany their parents to a recreation facility may play the games if their parents pay the admission or service fee. Recreational facilities shall include but not be limited to theaters, bowling alleys, taverns, roller skating rinks, and similar facilities.
G. 
No license holder shall permit or allow any person to bring or consume any alcoholic beverages upon the premises of the licensee unless the licensee is the holder of a valid liquor license issued pursuant to Chapter 329, Liquor Licenses, of the Code.
H. 
Every commercial recreation restaurant shall at all times be under the management and control of a person at least 18 years of age who shall be on the premises of the restaurant at all times during the hours of operation.
I. 
Any unit of government may have as many game machine licenses as may be approved by the Mayor and City Council, provided that such licenses shall be issued for a specific location on the property owned by the unit of government.
No licenses shall be issued to arcades unless the arcade is located in the B-3 or B-4 Zoning District as defined by Chapter 650, Zoning.
No minor under the age of 18 years shall be allowed or permitted to play, use or operate any device licensed hereunder when in an establishment selling alcoholic liquor unless accompanied by an adult.
[1]
Editor's Note: See Ch. 343, Minors.
[Amended 10-6-2009 by Ord. No. 6510]
A. 
Mechanical amusement devices to be kept in plain view; gambling devices prohibited. All such mechanical amusement devices shall at all times be kept and placed in plain view of any person or persons who may frequent or be in any place of business where such mechanical amusement devices are kept or used.
B. 
The Mayor and City Council may revoke any license at any time it is found that any licensee shall keep, possess, maintain or allow on the premises any gambling devices, bookmaking, betting or any machine or game used for gambling purposes, as proscribed by the Criminal Code, 720 ILCS 5/28-1 et seq., as heretofore or hereafter amended.
The Chief of Police shall inspect or cause the inspection of any place or building in which any such device or devices are operated or set up for operation and to inspect, investigate and test such devices.
[Amended 2-20-2007 by Ord. No. 6161; 10-6-2009 by Ord. No. 6510]
A. 
There shall be a tiered fee schedule:
(1) 
Tier 1, which shall consist of all businesses of from one through five machines. The annual fees shall be $100 for each business owner or operator plus $100 for each machine operated.
(2) 
Tier 2, which shall consist of all businesses of from six to 10 machines. The annual fees shalt be $250 for each business owner or operator plus $100 for each machine operated.
(3) 
Tier 3, which shall consist of all businesses, with the exception of commercial recreation restaurants, of more than 10 machines. The annual fees shall be $500 for each business owner or operator plus $100 for each machine operated.
(4) 
Tier 4, which shall consist of all businesses herein defined as a commercial recreation restaurant. The annual fees shall be $500 for each business owner or operator plus $100 for each machine operated.
B. 
All such fees shall be paid to the Director of Finance at the time application is made. In the event the license applied for has been denied, the fee shall be returned to the applicant. If the license is granted, then the fee shall be deposited in the general corporate fund or such other fund as the City Council shall designate. The City Manager or his/her designated representative shall issue suitable tags or stickers for the number of machines covered by each license bearing a notation: "City of Crystal Lake License for the calendar year of 20 ____." Such tags or stickers shall be displayed in a prominent place on each machine while it is in use. If a machine is withdrawn from service, and another machine replaces the one withdrawn, the licensee shall notify the City Manager or his/her designee, who shall issue a tag or sticker without additional charge to the licensee. The licensee shall notify the City Manager or his/her designee of the make and type of any machine, including any serial or identification numbers.
Any resident or residents of the City, or in the case of arcades, any resident, owner or operator of business property contiguous to the arcade, shall have the right to file a complaint with the Mayor and City Council stating that any licensee subject to the provision of this article has been or is creating a nuisance. For the purposes of this section, the term "nuisance" is defined to mean any condition or use of the premises or the exterior of the premises by the license holder in a manner which is detrimental to the property of others or which causes or tends to cause diminution in the value of other property or in the case of arcades, business for the contiguous businesses. This shall include but not be limited to the keeping or depositing on or the scattering over the premises, or the exterior of the premises, of any junk, trash or debris, or for the licensee to permit any conduct which shall tend to disturb the peace or quiet of the neighborhood, the surrounding businesses or the premises. Such complaints shall be in writing and filed with the City Clerk or his/her designated representative and shall be signed and sworn to by the parties complaining. The complaint shall state the facts in detail upon which the complaint is based. If the Mayor and City Council are satisfied that the complaint substantially charges a violation and that from the facts alleged, there is reasonable cause for such belief, they shall set the matter for hearing and serve notice upon the licensee of the time and place of such hearing and of the particular charge of the complaint.
The Mayor and City Council may suspend for not more than 30 days or revoke any license issued by it if it is determined that the licensee has violated any provision of this article. However, no such license shall be so suspended except after a public hearing as provided in § 162-5 of this article.
It shall be unlawful for arcades to remain open on Saturdays and Sundays between the hours of 1:00 a.m. and 10:00 a.m. and on holidays between 1:00 a.m. and 10:00 a.m. and on weekdays between the hours of 11:00 p.m. and 10:00 a.m. of the following day; provided, however, that the Mayor and City Council, at their discretion, may extend said closing hours upon request. The closing hours of all commercial recreation restaurants who have been issued a liquor license pursuant to Chapter 329, Liquor Licenses, of this Code shall conform to the closing hours of the Chapter 329 provisions of this Code.
Every act or omission of whatsoever nature constituting a violation of any of the provisions of this article by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him/her personally.
[Adopted 1-19-1993 (Art. IV, Ch. I, Section K, of the 1993 Code)]
As used in this article, the following terms shall have the meanings indicated:
AUDIOVISUAL MACHINE
Includes pool tables, photo vending, juke boxes, cartoon vending machines and each machine vending recorded music or a period of radio or television entertainment in return for the insertion or deposit therein of a coin, or of trade-tokens or slugs; provided, however, that this does not include coin-operated radios or television sets in private quarters.
GAME MACHINE
A mechanical amusement device of an upright tabletop, or similar nature, activated by use of a coin or token. The game machine may wholly or partially be operated by electrical or mechanical means, or a combination of these.
[Added 2-20-2007 by Ord. No. 6161]
[Amended 10-6-2009 by Ord. No. 6510]
It shall be unlawful for any person, firm or corporation to have any audiovisual amusement device or game machine as defined by this article as a business or in conjunction with any other business of the person, firm or corporation, or to operate or maintain any such audiovisual amusement or music device or game machine without having first obtained the license therefor, provided that any person, firm or corporation who has been issued or has a valid license issued pursuant to Article I of this chapter shall not be required to purchase a separate permit pursuant to § 162-20 but shall only be required to pay the fee for each audiovisual amusement device as established by § 162-20. Applications shall be made to the City Manager or his/her designated representative.
[Amended 10-6-2009 by Ord. No. 6510]
Applications for such licenses shall be made in writing to the City Manager or his/her designated representative. Proposals which, in the opinion of the City Manager, do not readily conform with criteria for administratively approving an amusement device license will be required to obtain approval from the City Council.
A. 
The name, address and statement of legal age of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors; owned by one person or his/her nominees, the name and address of such person.
B. 
The citizenship of the applicant, place of birth, and if a naturalized citizen, the time and place of naturalization.
C. 
The character of business of the applicant; and in case of a corporation, the objects for which it was formed.
D. 
The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued.
E. 
The location and description of the premises or place of business which is to be operated under such license.
F. 
A statement whether applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application.
G. 
A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this article, laws of this state or the ordinances of this City.
H. 
Whether a previous license by any state or subdivision thereof, or by the federal government, has been revoked, and the reasons therefor.
I. 
The number of machines intended to be operated under the proposed license and the number of machines currently being operated under any existing license.
J. 
A statement from whom the license will be obtained, including the name and address of the supplier of the machines together with a statement of whether the supplier is furnishing any other similar machines to other businesses within the City of Crystal Lake.
K. 
That the license to be issued upon the application is and will be subject to revocation by the Mayor and City Council.
L. 
In a commercial recreation restaurant as defined in § 162-1 of this chapter, there should be no more than 10 audiovisual amusement devices permitted.
M. 
Any unit of government defined in § 162-1 of this chapter shall have as many audiovisual amusement devices as may be approved by the Mayor and City Council, provided that such licenses shall be issued for a specific location on the property owned by the unit of government.
A. 
A license shall be purely a personal privilege, good for not to exceed one year after the issuance. The one-year period shall be from the first day of June of each year to the 31st day of May of each year unless sooner revoked or suspended as in this article provided. Licenses issued after the first day of June of any year shall pay the full license fees as provided. A license shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that the executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee may continue the business under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensees. In no event shall there be any refund of any portion of any license fee paid.
B. 
Any licensee may renew the license at the expiration thereof, provided the licensee is then qualified to receive a license, and further provided that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Mayor and City Council from decreasing the number of licenses to be issued within their jurisdiction.
The Chief of Police shall inspect or cause the inspection of any place or building in which any such device or devices are operated or set up for operation and to inspect, investigate and test such devices.
[Amended 2-20-2007 by Ord. No. 6161]
The fee for such permit shall be $25 per year or any portion of a year and $25 for each audiovisual amusement device per year or any portion of a year. The license period shall be June 1 of each year and May 31 of the following year.
[Amended 2-20-2007 by Ord. No. 6161; 10-6-2009 by Ord. No. 6510]
Upon approval of the applicant and the payment of the license fee, the City Manager or his/her designated representative shall issue a suitable tag or sticker bearing a notation: "City of Crystal Lake License for the calendar year of 20___." One license shall be issued for each device licensed, and it shall be place in a conspicuous place and so affixed that it cannot be transferred from one machine to another.
[Added 2-20-2007 by Ord. No. 6161; amended 10-6-2009 by Ord. No. 6510]
If a machine is withdrawn from service, and another machine replaces the one withdrawn, the licensee shall notify the City Manager or his/her designee, who shall issue a tag or sticker without additional charge to the licensee. The licensee shall notify the City Manager or his/her designated representative of the make and type of any machine, including any serial or identification numbers.
Any person, firm or corporation which violates the provisions of this article may, in addition to any penalty imposed under Chapter 1, Article II, General Penalty, of this Code, suffer the penalty of having the license revoked for any such violation. Revocation shall be in writing signed by the Mayor.