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HomeMy WebLinkAboutOrdinances - MC-19-1191 - 04/15/2019 - Code Amendment Chapter - Devices, Coin-Operated DevicesCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1191 An Ordinance amending Chapter 9, Devices, Coin -Operated, of the City of McHenry Municipal Code Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois April 15, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 15th day of April, 2019. ORDINANCE NO. M_ - j 17I An Ordinance Amending Chapter 9, Devices, Coin -Operated, of the City of McHenry's Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 9, Devices, Coin -Operated, Section 9-1, Definitions shall be amended as follows: Sec. 9-1. Definitions. As used in this Chapter: Electronic sweepstakes machine or device means a mechanically, electrically, or electronically operated machine or device, that is owned, leased, or otherwise possessed by a sweepstakes sponsor or promoter, or any of the sweepstakes sponsors or promoters partners, affiliates, subsidiaries or contractors, that is intended to be used by a sweepstakes entrant, that uses energy, and that is capable of displaying information on a screen or other mechanism. Enter or entry means the act or process by which a person becomes eligible to receive any prize offered in a sweepstakes. Entertaining display means a visual information capable of being seen by a sweepstakes entrant that takes the form of actual game play or simulated game play including, but not limited to a poker game or any other kind of playing card game; a bingo game; a craps game; a keno game; a lotto game; an eight -liner game; a pot -of -gold game; a game based on or involving the random or chance matching of different pictures, words, numbers of symbols not dependent on the skill or dexterity of the player; a casino or gambling game; and any other video game the outcome of which is not in whole or in part dependent on the skill or dexterity of the player that is played in the course of revealing a prize as a result of an entry into a sweepstakes . 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. Chapter 9, Page 1 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. Prize means any gift, award, gratuity, goods, service, credit, or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred or placed on an account or other record as evidence of the intent to transfer the prize. Sweepstakes means any game, advertising scheme or plan, or other promotion which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon an element of chance. SECTION 2: Chapter 9, Devices, shall be amended adding the following sections: Sec. 9-11. Electronic sweepstakes machines or devices prohibited. It shall be unlawful for any person to own, lease, operate, or place into operation an electronic sweepstakes machine or device in any location open to the public within the City for the following purposes: (1) To conduct a sweepstakes through the use of an entertaining display including the entry process or the reveal of a prize; or (2) To promote a sweepstakes that is conducted through the use of an entertainment display including the entry process or the reveal of a prize. Sec. 9-12. Video Gaming Terminals - Not Prohibited. Nothing contained in this Section shall be construed as prohibiting duly licensed video gaming terminals as authorized by Section 9-10 of this Code. Sec.9-13. Violation -Penalty. Any person violating any provision of this Section shall be fined not less than $250.00 nor more than $750.00 for each offense. Each machine or device found to be in violation, and each day such violation occurs or continues, shall constitute a separate and distinct offense. SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Chapter 9, Page 2 SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby orized) as provided by law. VotingAye: j, .� WOMB donJor I�eer>�er1riot'\QI n'lr hPl/L' CirJ'✓`r Scha��ea� Voting Nay: C Absent: e Abstain: / APPROVED: yo ay K-tt (SEAL) MaJeff ATTEST: Deputy Clerk Debra Meadows -11 Approved: Z:\M\McHenryCityoflOrdinances\Electronic SweepstakesMachines. doc Chapter 9, Page 3 CERTIFICATION I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of �t McHenry, held on the V' day of Q , I , 2019, the foregoing Ordinance entitled An Ordinance Amending Chapter 9, Devices, Coin -Operated, of the City of McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. M C - I � - ( ( (1 , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the �' 15 day of _ Q"L- 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. (SEAL) 4L- GIVEN under my hand and seal this I day of 2019. 66'15ra Meadows, Deputy Clerk City of McHenry, McHenry County, Illinois Chapter 9, Page 4