(A) Hearing. After seizing any coin-in-the-slot operated amusement device, as provided in § 110.40, the Chair of the County Board shall hold a hearing in the county and shall determine whether the amusement device was being displayed in a manner which violates any provision of this subchapter. The proof shall be by a preponderance of the evidence.
(1) The Chair shall give not less than seven days notice of the time and place of the hearing to the owner of the amusement device if he or she is known, and also to the person in whose possession the amusement device seized was found, if the person is known and if the person in possession is not the owner of the amusement device.
(2) In case neither the owner or the person in possession of the amusement device is known, the Chair shall cause publication of the time and place of the hearing to be made at least once in each week for three weeks successively in a newspaper of general circulation in the county.
(B) Order of confiscation. If, as the result of the hearing, the Chair shall determine that the amusement device seized was, at the time of seizure, being displayed in a manner in violation of this subchapter, the Chair shall enter an order declaring the amusement device confiscated and forfeited to the county, and to be sold by the county in the manner hereinafter provided. The Chair shall give notice of the order to the owner of the amusement device if he or she is known, and also to the person in whose possession the amusement device so taken was found, if the person is known and if the person in possession is not the owner of the amusement device. In case neither the owner nor the person in possession of the amusement device is known, the Chair shall cause publication of the order to be made at least once in each week for three weeks successively in any newspaper of general circulation in the county.
(C) Reclamation of confiscated devices. The person from whom the amusement device has been seized (or the owner of the device if that is a different person) may redeem and reclaim the device within 30 days after the Chair’s order of confiscation and forfeiture becomes final by payment of an amount equal to twice the annual license fee applicable to the amusement device, plus a penalty of 10%.
(D) Sale. When any amusement device shall have been declared forfeited to the county by the Chair, as provided in this section, and when all proceedings for the judicial review of the Chair’s decision have terminated, the Chair shall (if the amusement device is not redeemed and reclaimed within the time and in the manner provided for in this section) sell the amusement device for the best price obtainable and shall forthwith pay over the proceeds of the sale to the Lake County Treasurer; provided, however, that if the value of the property sold shall be $500 or more, the property shall be sold only to the highest and best bidder on those terms and conditions and on open competitive bidding after public advertisement.
(1977 Code, § 3:1) (Ord. passed 5-12-1998)