(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GAMBLING DEVICE. Any clock, tape machine, slot machine or other machines or device for the reception of money or thing of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost; or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place. A GAMBLING DEVICE does not include:
(a) A coin-in-the-slot operated mechanical device played for amusement which rewards the player with the right to replay the mechanical device, which device is so constructed or devised as to make the result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property;
(b) Vending machines by which full and adequate return is made for the money invested and in which there is no element of chance or hazard;
(c) Crane game machines;
(d) Redemption machines; or
(e) Any video gaming terminal, as defined in the Video Gaming Act, ILCS Ch. 230, Act 40, § 5.
KEEPING A GAMBLING PLACE. A GAMBLING PLACE is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act, being ILCS Ch. 230, Act 10, §§ 1 et seq., or the Video Gaming Act, being ILCS Ch. 230, Act 40, §§ 1 et seq. Any person who knowingly permits any premises or property owned or occupied by him or her or under his or her control to be used as a gambling place commits a violation. When any premises is determined by the court to be a GAMBLING PLACE:
(a) The premises is a public nuisance and may be proceeded against as such;
(b) All licenses, permits or certificates issued by the village or any subdivision or public agency thereof authorizing the serving of food or liquor on the premises shall be void; and no license, permit or certificate so cancelled shall be reissued for the premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued the license for one year from his or her conviction and, after a second conviction of keeping a gambling place, the person shall not be reissued the license; and
(c) The premises of any person who knowingly permits thereon a violation of any section of this subchapter shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered.
LOTTERY. Any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether the scheme or procedure is called a LOTTERY, raffle, gift, sale or some other name.
POLICY GAME. Any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token or other device that any particular number, character, ticket or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property or evidence of debt.
(B) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a gambling device, and shall be subject to seizure, confiscation and destruction. As used in this section, a GAMBLING DEVICE includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling
which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in the device knows of the unlawful use of the device.
(Ord. 03-09-02, § 6-5(a), passed 9-23-2003; Ord. 09-12-03, passed 12-22-2009; Ord. 15-11-07, passed 11-24-2015)