4-156-140 Violations – Penalty.

   Any person violating any of the provisions of this chapter shall be fined not less than $200.00 nor more than $500.00 for each offense. Every day such violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 12-9-92, p. 25465)

ARTICLE II. AUTOMATIC AMUSEMENT DEVICES (4-156-150 et seq.)

4-156-150 Definitions.

   As used in this chapter:

   “Automatic amusement device” means any machine, which, upon the insertion of a coin, slug, token, card or similar object, or upon any other payment method, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, and includes but is not limited to such devices as jukeboxes, marble machines, pinball machines, movie and video booths or stands and all games, operations or transactions similar thereto under whatever name by which they may be indicated. Bingo devices are deemed gambling devices and are therefore prohibited for use except as provided by state law. If a machine consists of more than one game monitor which permits individuals to play separate games simultaneously, each separate game monitor shall be deemed an automatic amusement device.

   “Illegal amusement device” means an automatic amusement device that: includes a knock-off circuit; or allows more than ten replays or free games, or maintains a count of payoffs or the number of times a person has won a game played on the device; or maintains a tally of players' scores other than the tally displayed to players; or fails to display in the required manner a tax emblem required by chapter; or has been used for illegal gambling. “Illegal amusement device” does not include a device that properly displays a required tax emblem, that is not used for illegal gambling and that qualifies either as a crane game as defined in the Illinois Criminal Code of 1961 or as a redemption machine as defined in the Illinois Criminal Code. An automatic amusement device shall not be deemed an illegal automatic amusement device because of internal diagnostic devices or capabilities that are able to record and maintain statistical data such as the number of coins or tokens deposited, the number of games played or the number of games won, if such diagnostic devices or capabilities are intended and used exclusively for auditing of game performance.

   “Knock-off circuit” means any mechanical or electrical device, circuitry or modification on an automatic amusement device, whereby free games shown on an externally visible indicator are released, while a record of games so released is maintained on a second indicator, meter or counter, either inside or outside the device. A reset button installed by the manufacturer of the automatic amusement device shall not, without more, constitute a knock-off circuit.

   The phrase “more than ten replays or free games” means more than ten replays or free games at one time. “Free game or replay” does not include an extension of a game awarded as a result of the player's skill, such as an extra ball in a pinball game or extended playing time in a video game.

   “Payoff” means the giving of money or other thing of value in exchange for a player's accumulated points or free games or replays.

   The phrase “a count of payoffs or the number of times a player has won a game played on the device” means a tally, whether on paper, mechanical or electronic, and regardless of whether maintained inside, on or outside the automatic amusement device. The phrase is not intended to include a record of scores, accessible to players of the device, and linked to previous players' names, nicknames, initials or other identifiers, for purposes of comparison and competition.

   The phrase “tally of players' scores other than the tally displayed to players” does not include a record of scores, accessible to players of the device, and linked to previous players' names, nicknames, initials or other identifiers, for purposes of comparison and competition.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 4-1-98, p. 65262; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 7-25-01, p. 65052, § 1)

4-156-160 Tax imposed.

   An annual tax in the amount of $150.00 for each calendar year is imposed upon all automatic amusement devices operated for gain or profit per device.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-10-99, p. 14998, § 1.1; Amend Coun. J. 11-17-99, p. 17487, § 1.1; Amend Coun. J. 3-13-13, 48628, § 1)

4-156-170 Tax emblem.

   The automatic amusement device tax shall be paid by the owner of such device to the city clerk. The city clerk shall issue as evidence of the payment of the tax a self-voiding adhesive tax emblem to be placed on each device. Such emblem shall bear the words “City of Chicago Amusement Device Tax”, the names of the mayor and the city clerk, and such other wording as may be prescribed by the mayor. It shall be unlawful for any person to mutilate said tax emblem during the year for which it was issued.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 6-30-09, p. 65579, § 3)

4-156-180 Installation prerequisites.

   It shall be unlawful for the owner or lessee of any premises or person in control of such premises to permit the installation or use of an automatic amusement device within the City of Chicago for gain or profit unless the tax has been paid and is evidenced by a tax emblem affixed to the automatic amusement device in a conspicuous location. Each such device shall be plainly labeled with the name, address and telephone number of its owner. No person shall remove, alter or deface the tax emblem or label required by this section, or allow use of an automatic amusement machine if the tax emblem or label has been removed, altered, defaced or become illegible. The owner or lessee of the premises where the device is placed for operation by the public and every person responsible for the premises shall be jointly and severally liable for a violation of this section.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-15-99, p. 21529, § 1)

4-156-190 Seizure for unlawful use.

   If the mayor, superintendent of police, or the comptroller, the commissioner of business affairs and consumer protection, the city clerk or their duly authorized enforcement officer shall have a reasonable basis for believing any amusement device is an illegal amusement device, said device or any part or contents thereof may be seized by any duly authorized enforcement official, followed by an administrative hearing with notice to the owner within seven days of such seizure for the purpose of reviewing the appropriateness of the seizure, and held until such time as the owner of such device pays the delinquent tax, reimburses the department of finance, business affairs and consumer protection or the city clerk for actual cartage cost incurred in the seizure and pays to the department of finance, business affairs and consumer protection or the city clerk $20.00 for each day or part of day said device has been in storage. If criminal charges involving the use or condition of the device are pending, the device shall be held until disposition of the criminal charges. If it is determined at the hearing by a preponderance of the evidence that the seized device is not an illegal amusement device, it shall be returned to the owner without charge. If it is determined at the hearing that the automatic amusement device was used for illegal gambling, it shall be destroyed by the city, and all money found within the device at the time of confiscation shall become the property of the city, and shall be used to defray the costs of cartage, notice, storage and hearings. If the owner of the device does not claim the automatic amusement device within 14 days after the mailing of the notice, the device and its contents will be treated as abandoned property and the device will be destroyed.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-1-98, p. 65262; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 6-30-09, p. 65579, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 4)

4-156-200 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 76 repealed § 4-156-200, which pertained to a license requirement.

4-156-210 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 77 repealed § 4-156-210, which pertained to license application and examination of records.