A. Application shall be made to the Liquor Commissioner of McHenry County (the “Commissioner”) of the McHenry County Board in a form prescribed by the Commissioner. It shall set forth the description of the devices for which said application is made, the name of the applicant, including the full names of all partners (if the applicant is a partnership) and the full names of all officers, directors and stockholders owning (5%) five percent or more of the corporate stocks (if applicant is a corporation), together with such relevant data, including inspection of individual, partnership, or corporate records as the McHenry County Board may require, and said application shall be signed and sworn to by all such applicants. Such application shall be accompanied by the required application fee which shall be paid to the Treasurer of McHenry County and deposited into the General Corporate Fund of McHenry County.
B. No license shall be issued hereunder to any person who has been convicted of a felony under the laws of the United States, the State of Illinois, or of any other state; or who has been convicted of, plead guilty to, or been found guilty of any crime opposed to decency or morality; or who, in the judgment of the Commissioner, or in the Commissioner’s discretion, the Law & Government/Liquor Committee, upon good showing, is deemed to be not of good moral character, and this shall apply to any members of any partnership, or any officer, director, or stockholder (holding 5% or more of said stock) of any corporation, when such license application is made by said partnership or corporation, EXCEPT: the Commissioner or the Law & Government/Liquor Committee shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license:
1. Juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
2. Law enforcement records, court records, and conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
3. Records of arrest not followed by a conviction.
4. Convictions overturned by a higher court.
5. Convictions or arrest that have been sealed or expunged.
The Commissioner, upon a finding that an applicant for a license was convicted of a felony shall consider any evidence of rehabilitation and mitigating factors contained in the applicant’s record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
1. The lack of direct relation of the offense for which the applicant was previously convicted to the duties, functions and responsibilities of the position for which a license is sought;
2. Whether five (5) years since a felony conviction or three (3) years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
3. If the applicant was previously licensed or employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
4. The age of the person at the time of the criminal offense;
5. Successful completion of sentence and, for applicants serving a term of parole or probation, a progress report provided by the applicant’s probation or parole officer that documents the applicant’s compliance with conditions of supervision;
6. Evidence of the applicant’s present fitness and professional character;
7. Evidence of rehabilitation or rehabilitative effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-10 of the Unified Code of Corrections; and
8. Any other mitigating factors that contribute to the person’s potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
C. Further, no license required under this Ordinance shall be issued to any person, firm, partnership or corporation or partner, officer, director, of stockholder (holding 5% or more of said stock) whose license has previously been revoked in accordance with the provisions of § 5.04.050 of this Ordinance.
D. The Commissioner, and the Law & Government/Liquor Committee of the McHenry County Board in relation to an application submitted by the Commissioner to the Committee for review and recommendation, shall have the authority to subpoena witnesses, records and other evidence, question the applicant and other witnesses that they may require, under oath, touching upon any matter relevant to the issuance of such license.
E. If the application is approved and the individual device fee is paid, the Commissioner shall supply a license stating the name of the licensee and the year for which issued. The McHenry County Board will also issue a numbered license tag for each device licensed. This tag will be securely affixed to the device in a prominent place in plain view for inspection at all times.
F. Every device licensed hereunder shall prominently display the name(s) of the distributor and owner. A license issued hereunder shall be exhibited at all times. A current license tag evidencing issuance of license shall be prominently exhibited on each device at all times. The Liquor Commissioner of the County of McHenry and/or his authorized agents, the Law & Government/Liquor Committee of McHenry County Board and/or its duly authorized agents, or the Sheriff of McHenry County and/or his duly authorized deputies, reserve the right to inspect the devices for which a license is issued without notice to licensee or operator of said device.
G. It is a violation of Illinois State law (Gambling and Related Offenses at 720 ILCS 5/28-1 et seq.) to play a game of chance or skill as licensed herein for money or other thing of value. Such violations are a Class A Misdemeanor.
H. A “crane game” is not a gambling device if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties and prizes other than currency, each having a wholesale value which is not more than seven (7) times the cost charged to play the amusement device once or $5, whichever is less. (720 ILCS 5/28-21)
(Ord. O-9603-1200-32, § III, passed 3-21-1996; Ord. 7471, passed 3-19-2019)