A. After seizing any coin-in-slot operated amusement device, as provided in § 5.04.060 of this Ordinance, the Commissioner, or in the Commissioner’s discretion, the Law & Government/ Liquor Committee of the McHenry County Board shall hold a hearing in McHenry County and shall determine whether such amusement device was being displayed in a manner which violates any provision of this Ordinance.
B. The Commissioner, or in the Commissioner’s discretion, the Law & Government/ Liquor Committee, shall give not less than (7) seven days’ notice of the time and place of such hearing to the owner of such amusement device if he is known, and also to the person in whose possession the amusement device so taken was found, if such person is known and if such person in possession is not the owner of said amusement device.
C. In case neither the owner nor the person in possession of such amusement device is known, the Commissioner, or in the Commissioner’s discretion, the Law & Government/Liquor Committee, shall cause publication of the time and place of such hearing to be made at least once in each week for (3) three weeks successively in a newspaper of general circulation in McHenry County.
D. If, as the result of such hearing, the Commissioner or in the Commissioner’s discretion, the Law & Government/Liquor Committee shall determine that the amusement device seized was, at the time of seizure, being displayed in a manner in violation of this Ordinance, the Commissioner or Committee shall enter an order declaring such amusement device confiscated and forfeited to the County, and to be sold by the Commissioner in the manner provided hereinafter in this Section. The Commissioner or in the Commissioner’s discretion, the Law & Government/Liquor Committee shall give notice of such order to the owner of such amusement device if he is known, and also to the person in whose possession the amusement device so taken was found, if such person is known and if such person in possession is not the owner of such amusement device. In case neither the owner nor the person in possession of such amusement device is known, the Commissioner or in the Commissioner’s discretion, the Law & Government/Liquor Committee shall cause publication of such order to be made at least once each week for (3) three weeks successively in a newspaper of general circulation in McHenry County.
E. The person from whom such amusement device has been seized (or the owner of such device if that is a different person) may redeem and reclaim said device within (30) thirty days after the Commissioner’s, or in the Commissioner’s discretion, the Law & Government/Liquor Committee’s order of confiscation and forfeiture becomes final by payment of an amount equal to twice the annual fee applicable to such amusement device, plus a penalty of (10%) ten percent, plus costs of seizure and transportation costs, if any.
F. When any amusement device shall have been declared forfeited to the County by the Commissioner or the Committee, as provided in this Section, and when all proceedings for the judicial review of the Commissioner’s or the Committee’s decision have terminated, the Commissioner shall (if such amusement device is not redeemed and reclaimed within the time and in the manner provided for in this Section), to the extent that its decision is sustained on review, sell such amusement device for the best price obtainable and shall forthwith pay over the proceeds of such sale to the County Treasurer, provided, however, that if the value of the property sold at any one time shall be $500.00 or more, such property shall be sold only to the highest and best bidder on such terms and conditions and on open competitive bidding after public advertisement, in such manner and for such terms as the Commissioner by rule, may prescribe.
(Ord. O-9603-1200-32, § VII, passed 3-21-1996; Ord. 7471, passed 3-19-2019)