HomeMy WebLinkAboutOrdinances - MC-07-922 - 07/30/2007 - REPEAL AND UPDATE CHAPTER 9 COIN-OPERATED DEVICESOrdinance No MC-07-922
An Ordinance providing for updates to
Chapter 9 of the City of McHenry Municipal Code
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 9 Coin Operated Devices of the City of McHenry Municipal Code
is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 9
COIN -OPERATED DEVICES*
Sec.9-1. Definitions.
As used in this Chapter:
Juke box means any music vending machine, contrivance, or device which, upon the insertion of a coin,
slug, token, plate, disc, or key into any slot or other opening, or by the payment of any price,
operates or may be operated, for the emission of songs, music or similar amusement.
Mechanical amusement device means any machine which upon the insertion of a coin, slug, token, plate,
or disc, may be operated by the public generally for use as a game, entertainment, or amusement,
whether or not a prize is offered, and whether or not skill in manipulation predominates over
chance or luck. It shall include such devices as marble machines, skill ball, pin -ball machines,
mechanical grab machines and all games, operations, or transactions similar thereto under
whatever name they may be indicated.
Sec. 9-2. License required.**
Any person displaying for public patronage or keeping for operation any juke box or mechanical device
as herein defined, shall be required to obtain a license from the City, upon payment of a license fee and
upon application, inspection, and issuance of such license as provided in Chapter 12; not -for -profit
corporations shall, however, be exempt from the payment of the license fee. (MC-93-597)
Sec. 9-3. Investigation of application.
The Chief of Police shall investigate the location wherein it is proposed to operate such machine,
ascertain if the person is of good moral character, and report his findings to the City Clerk.
Sec. 9-4. Approval of electrical devices.
Any device incorporating electrical equipment shall bear the underwriters seal of approval and shall not
be licensed or permitted to operate until this shall have been ascertained.
* Cross Reference - Amusements generally, Chap. 5.
** Cross Reference - Licenses generally, Chap. 12.
Sec. 9-5. License fees. (MC-92-586)
A. The annual license fee for each juke box or ' mechanical amusement device shall be $50.00 per each
juke box and $50.00 per each mechanical amusement device for the first 20 mechanical amusement
devices at one location.
B. An Arcade license fee covering all mechanical amusement devices at one location in excess of 20
devices shall be $200.00, and shall be reviewed annually.
Sec. 9-6. License expiration; sticker display.
The licenses required by this Chapter shall expire on April 30th of each year. The: City Clerk shall
furnish a license issued hereunder which shall be displayed on the premises at all times
Sec. 9-7. Gambling devices prohibited.*
Nothing in this Chapter shall in any way be construed to authorize, license or permit .any gambling
device whatsoever or any mechanism that has been judicially determined to be a gambling device, or in
any way contrary to law, or that may be contrary to any future laws of the State of Illinois.
Sec. 9-8. Number of licenses for certain mechanical amusement devices limited.
No more than four (4)-mechanical amusement devices used as games may be licensed for use at any
given business location in the City during any license year, provided however that additional licenses
may be issued for use at any such location if the gross revenues from such devices at such location does
not at any time exceed twenty five (2-5) per cent of the licensee's gross revenues from the sale of other
services, goods or products at such location.
Sec. 9-9. When unlimited number of mechanical amusement device licenses permitted.
In addition to the licenses authorized by Section 9-8 hereof, an unlimited number of mechanical
amusement devices may be licensed for use at one business location within the City during any business
year; the following rules and regulations apply to such business operation-
(1) It shall be unlawful to permit the premises to remain open between the hours of midnight
and 10:00 a.m. Within fifteen " minutes after the legal hour for closing, all customers
shall be off the premises.
(2) No food or beverages of any kind shall be sold on the premises.
(3) It shall be unlawful to possess or consume alcoholic beverages on the premises.
(4) Children of school age (whether enrolled in school or not) shall not be permitted on the
premises during regular school hours, including lunch times and recesses.
(5) No person under the age of sixteen " years shall be permitted on the premises at any
time unless supervised by an adult person at such business location.
(6) No person who is subject to the curfew laws of the State of Illinois or to the curfew
ordinances of the City of McHenry, shall be permitted to remain on the premises later than
fifteen " minutes prior to the time that such curfew goes into effect.
* Cross Reference - Gambling generally, Sec. 14-29.
No license may be issued under the provisions of this Section unless the location at which such license is
to be used is first approved by formal action of the Mayor and City Council. Any person or entity who
obtains any license under the provision of the Section thereby acknowledges that the Mayor and City
Council may, in their sole discretion, repeal this Section in its entirety, and also that the annual renewal
of any such license shall not be construed as a vested right, but shall be subject to the sole; discretion of
the Mayor and City Council. No person or entity obtaining any license hereunder may sell or dispose of
any such license.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and Approved this 30t' day of July, 2007.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Not Voting: None.
Absent: Condon.
Abstain: None.
APPROVED:
ayor
(SEAL)
ATTEST: C
Can