[HISTORY: Adopted by the City Council of
the City of Crystal Lake as indicated in article histories. Amendments
noted where applicable.]
[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:
A business whose primary business is the operation of mechanical
amusement devices or game machines or any combination thereof.
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:
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.
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.
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.
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]
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.
A hotel or motel having in excess of 150 rental units.
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.
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.
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]
A restaurant where 95% of the product that is sold will be
consumed within the confines of the restaurant.
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.
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.
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.
[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:
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.
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.
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.
