(35 ILCS 510/15) (from Ch. 120, par. 481b.15)
Sec. 15.
Whenever any peace officer of the State or any duly authorized
officer or employee of the Department shall have reason to believe that any
violation of this Act has occurred and that the person so violating the Act
has in his, her or its possession any amusement device which is being
displayed in a manner which violates this Act, he may file or cause to be
filed his complaint in writing, verified by affidavit, with any court
within whose jurisdiction the premises to be searched are situated, stating
the facts upon which such belief is founded, the premises to be searched,
and the property to be seized, and procure a search warrant and execute the
same.
Upon the execution of such search warrant, the peace officer, or officer
or employee of the Department, executing such search warrant shall make due
return thereof to the court issuing the same, together with an inventory of
the property taken thereunder. The court shall thereupon issue process
against the owner of such property if he is known; otherwise, such process
shall be issued against the person in whose possession the property so
taken is found, if such person is known.
In case of inability to serve such process upon the owner or the person
in possession of the property at the time of its seizure, as hereinbefore
provided, notice of the proceedings before the court shall be given as
required by the statutes of the State governing cases of attachment.
Upon the return of the process duly served or upon the posting or
publishing of notice made, as hereinabove provided, the court or jury, if a
jury shall be demanded, shall proceed to determine whether or not such
property so seized was displayed in violation of this Act. In case of a
finding that the amusement device seized was, at the time of seizure, being
displayed in violation of this Act, judgment shall be entered confiscating
and forfeiting the property to the State and ordering its delivery to the
Department, and in addition thereto, the court shall have power to tax and
assess the costs of the proceedings.
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 such
device by paying, to the Department, within 30 days after the order of
confiscation and forfeiture becomes final, an amount equal to twice the
annual tax applicable to such amusement device, plus a penalty of 10%.
When any amusement device shall have been declared forfeited to the
State by any court, and when such confiscated and forfeited amusement
device shall have been delivered to the Department, and if such device is
not redeemed and reclaimed within the time and in the manner provided for
in this Section, the Department shall sell such amusement device for the
best price obtainable and shall forthwith pay over the proceeds of such
sale to the State Treasurer; provided, however, that if the value of the
property to be 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 Department, by rule, may prescribe.
(Source: Laws 1965, p. 3716.)
|