Sen. Iris Y. Martinez

Filed: 3/12/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2288

2     AMENDMENT NO. ______. Amend Senate Bill 2288 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 3-12 and 6-2 as follows:
 
6     (235 ILCS 5/3-12)  (from Ch. 43, par. 108)
7     Sec. 3-12. Powers and duties of State Commission.
8     (a) The State commission shall have the following powers,
9 functions and duties:
10         (1) To receive applications and to issue licenses to
11     manufacturers, foreign importers, importing distributors,
12     distributors, non-resident dealers, on premise consumption
13     retailers, off premise sale retailers, special event
14     retailer licensees, special use permit licenses, auction
15     liquor licenses, brew pubs, caterer retailers,
16     non-beverage users, railroads, including owners and

 

 

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1     lessees of sleeping, dining and cafe cars, airplanes,
2     boats, brokers, and wine maker's premises licensees in
3     accordance with the provisions of this Act, and to suspend
4     or revoke such licenses upon the State commission's
5     determination, upon notice after hearing, that a licensee
6     has violated any provision of this Act or any rule or
7     regulation issued pursuant thereto and in effect for 30
8     days prior to such violation. Except in the case of an
9     action taken pursuant to a violation of Section 6-3, 6-5,
10     or 6-9, any action by the State Commission to suspend or
11     revoke a licensee's license may be limited to the license
12     for the specific premises where the violation occurred.
13         In lieu of suspending or revoking a license, the
14     commission may impose a fine, upon the State commission's
15     determination and notice after hearing, that a licensee has
16     violated any provision of this Act or any rule or
17     regulation issued pursuant thereto and in effect for 30
18     days prior to such violation. The fine imposed under this
19     paragraph may not exceed $500 for each violation. Each day
20     that the activity, which gave rise to the original fine,
21     continues is a separate violation. The maximum fine that
22     may be levied against any licensee, for the period of the
23     license, shall not exceed $20,000. The maximum penalty that
24     may be imposed on a licensee for selling a bottle of
25     alcoholic liquor with a foreign object in it or serving
26     from a bottle of alcoholic liquor with a foreign object in

 

 

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1     it shall be the destruction of that bottle of alcoholic
2     liquor for the first 10 bottles so sold or served from by
3     the licensee. For the eleventh bottle of alcoholic liquor
4     and for each third bottle thereafter sold or served from by
5     the licensee with a foreign object in it, the maximum
6     penalty that may be imposed on the licensee is the
7     destruction of the bottle of alcoholic liquor and a fine of
8     up to $50.
9         (1.1) To determine, after notice and hearing, whether a
10     licensee has been convicted of a gambling offense under any
11     of subsections (a)(1) through (a)(11) of Section 28-1 or
12     under Section 28-1.1 of the Criminal Code of 1961 and to
13     enforce the following penalties: (i) for a first
14     conviction, a 30-day suspension for all licenses issued to
15     the licensee under this Act; (ii) for a second conviction
16     within a 12 month period, revocation or at least a 30-day
17     suspension for those licenses; and (iii) for a third or
18     subsequent conviction within a 5 year period, revocation of
19     those licenses. The State Commission may not delegate its
20     powers, functions, and duties under this paragraph (1.1) to
21     any local liquor commission.
22         (2) To adopt such rules and regulations consistent with
23     the provisions of this Act which shall be necessary to
24     carry on its functions and duties to the end that the
25     health, safety and welfare of the People of the State of
26     Illinois shall be protected and temperance in the

 

 

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1     consumption of alcoholic liquors shall be fostered and
2     promoted and to distribute copies of such rules and
3     regulations to all licensees affected thereby.
4         (3) To call upon other administrative departments of
5     the State, county and municipal governments, county and
6     city police departments and upon prosecuting officers for
7     such information and assistance as it deems necessary in
8     the performance of its duties.
9         (4) To recommend to local commissioners rules and
10     regulations, not inconsistent with the law, for the
11     distribution and sale of alcoholic liquors throughout the
12     State.
13         (5) To inspect, or cause to be inspected, any premises
14     in this State where alcoholic liquors are manufactured,
15     distributed, warehoused, or sold.
16         (5.1) Upon receipt of a complaint or upon having
17     knowledge that any person is engaged in business as a
18     manufacturer, importing distributor, distributor, or
19     retailer without a license or valid license, to notify the
20     local liquor authority, file a complaint with the State's
21     Attorney's Office of the county where the incident
22     occurred, or initiate an investigation with the
23     appropriate law enforcement officials.
24         (5.2) To issue a cease and desist notice to persons
25     shipping alcoholic liquor into this State from a point
26     outside of this State if the shipment is in violation of

 

 

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1     this Act.
2         (5.3) To receive complaints from licensees, local
3     officials, law enforcement agencies, organizations, and
4     persons stating that any licensee has been or is violating
5     any provision of this Act or the rules and regulations
6     issued pursuant to this Act. Such complaints shall be in
7     writing, signed and sworn to by the person making the
8     complaint, and shall state with specificity the facts in
9     relation to the alleged violation. If the Commission has
10     reasonable grounds to believe that the complaint
11     substantially alleges a violation of this Act or rules and
12     regulations adopted pursuant to this Act, it shall conduct
13     an investigation. If, after conducting an investigation,
14     the Commission is satisfied that the alleged violation did
15     occur, it shall proceed with disciplinary action against
16     the licensee as provided in this Act.
17         (6) To hear and determine appeals from orders of a
18     local commission in accordance with the provisions of this
19     Act, as hereinafter set forth. Hearings under this
20     subsection shall be held in Springfield or Chicago, at
21     whichever location is the more convenient for the majority
22     of persons who are parties to the hearing.
23         (7) The commission shall establish uniform systems of
24     accounts to be kept by all retail licensees having more
25     than 4 employees, and for this purpose the commission may
26     classify all retail licensees having more than 4 employees

 

 

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1     and establish a uniform system of accounts for each class
2     and prescribe the manner in which such accounts shall be
3     kept. The commission may also prescribe the forms of
4     accounts to be kept by all retail licensees having more
5     than 4 employees, including but not limited to accounts of
6     earnings and expenses and any distribution, payment, or
7     other distribution of earnings or assets, and any other
8     forms, records and memoranda which in the judgment of the
9     commission may be necessary or appropriate to carry out any
10     of the provisions of this Act, including but not limited to
11     such forms, records and memoranda as will readily and
12     accurately disclose at all times the beneficial ownership
13     of such retail licensed business. The accounts, forms,
14     records and memoranda shall be available at all reasonable
15     times for inspection by authorized representatives of the
16     State commission or by any local liquor control
17     commissioner or his or her authorized representative. The
18     commission, may, from time to time, alter, amend or repeal,
19     in whole or in part, any uniform system of accounts, or the
20     form and manner of keeping accounts.
21         (8) In the conduct of any hearing authorized to be held
22     by the commission, to appoint, at the commission's
23     discretion, hearing officers to conduct hearings involving
24     complex issues or issues that will require a protracted
25     period of time to resolve, to examine, or cause to be
26     examined, under oath, any licensee, and to examine or cause

 

 

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1     to be examined the books and records of such licensee; to
2     hear testimony and take proof material for its information
3     in the discharge of its duties hereunder; to administer or
4     cause to be administered oaths; for any such purpose to
5     issue subpoena or subpoenas to require the attendance of
6     witnesses and the production of books, which shall be
7     effective in any part of this State, and to adopt rules to
8     implement its powers under this paragraph (8).
9         Any Circuit Court may by order duly entered, require
10     the attendance of witnesses and the production of relevant
11     books subpoenaed by the State commission and the court may
12     compel obedience to its order by proceedings for contempt.
13         (9) To investigate the administration of laws in
14     relation to alcoholic liquors in this and other states and
15     any foreign countries, and to recommend from time to time
16     to the Governor and through him or her to the legislature
17     of this State, such amendments to this Act, if any, as it
18     may think desirable and as will serve to further the
19     general broad purposes contained in Section 1-2 hereof.
20         (10) To adopt such rules and regulations consistent
21     with the provisions of this Act which shall be necessary
22     for the control, sale or disposition of alcoholic liquor
23     damaged as a result of an accident, wreck, flood, fire or
24     other similar occurrence.
25         (11) To develop industry educational programs related
26     to responsible serving and selling, particularly in the

 

 

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1     areas of overserving consumers and illegal underage
2     purchasing and consumption of alcoholic beverages.
3         (11.1) To license persons providing education and
4     training to alcohol beverage sellers and servers under the
5     Beverage Alcohol Sellers and Servers Education and
6     Training (BASSET) programs and to develop and administer a
7     public awareness program in Illinois to reduce or eliminate
8     the illegal purchase and consumption of alcoholic beverage
9     products by persons under the age of 21. Application for a
10     license shall be made on forms provided by the State
11     Commission.
12         (12) To develop and maintain a repository of license
13     and regulatory information.
14         (13) On or before January 15, 1994, the Commission
15     shall issue a written report to the Governor and General
16     Assembly that is to be based on a comprehensive study of
17     the impact on and implications for the State of Illinois of
18     Section 1926 of the Federal ADAMHA Reorganization Act of
19     1992 (Public Law 102-321). This study shall address the
20     extent to which Illinois currently complies with the
21     provisions of P.L. 102-321 and the rules promulgated
22     pursuant thereto.
23         As part of its report, the Commission shall provide the
24     following essential information:
25             (i) the number of retail distributors of tobacco
26         products, by type and geographic area, in the State;

 

 

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1             (ii) the number of reported citations and
2         successful convictions, categorized by type and
3         location of retail distributor, for violation of the
4         Sale of Tobacco to Minors Act and the Smokeless Tobacco
5         Limitation Act;
6             (iii) the extent and nature of organized
7         educational and governmental activities that are
8         intended to promote, encourage or otherwise secure
9         compliance with any Illinois laws that prohibit the
10         sale or distribution of tobacco products to minors; and
11             (iv) the level of access and availability of
12         tobacco products to individuals under the age of 18.
13         To obtain the data necessary to comply with the
14     provisions of P.L. 102-321 and the requirements of this
15     report, the Commission shall conduct random, unannounced
16     inspections of a geographically and scientifically
17     representative sample of the State's retail tobacco
18     distributors.
19         The Commission shall consult with the Department of
20     Public Health, the Department of Human Services, the
21     Illinois State Police and any other executive branch
22     agency, and private organizations that may have
23     information relevant to this report.
24         The Commission may contract with the Food and Drug
25     Administration of the U.S. Department of Health and Human
26     Services to conduct unannounced investigations of Illinois

 

 

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1     tobacco vendors to determine compliance with federal laws
2     relating to the illegal sale of cigarettes and smokeless
3     tobacco products to persons under the age of 18.
4         (14) On or before April 30, 2008 and every 2 years
5     thereafter, the Commission shall present a written report
6     to the Governor and the General Assembly that shall be
7     based on a study of the impact of this amendatory Act of
8     the 95th General Assembly on the business of soliciting,
9     selling, and shipping wine from inside and outside of this
10     State directly to residents of this State. As part of its
11     report, the Commission shall provide all of the following
12     information:
13             (A) The amount of State excise and sales tax
14         revenues generated.
15             (B) The amount of licensing fees received.
16             (C) The number of cases of wine shipped from inside
17         and outside of this State directly to residents of this
18         State.
19             (D) The number of alcohol compliance operations
20         conducted.
21             (E) The number of winery shipper's licenses
22         issued.
23             (F) The number of each of the following: reported
24         violations; cease and desist notices issued by the
25         Commission; notices of violations issued by the
26         Commission and to the Department of Revenue; and

 

 

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1         notices and complaints of violations to law
2         enforcement officials, including, without limitation,
3         the Illinois Attorney General and the U.S. Department
4         of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
5         (15) As a means to reduce the underage consumption of
6     alcoholic liquors, the Commission shall conduct alcohol
7     compliance operations to investigate whether businesses
8     that are soliciting, selling, and shipping wine from inside
9     or outside of this State directly to residents of this
10     State are licensed by this State or are selling or
11     attempting to sell wine to persons under 21 years of age in
12     violation of this Act.
13         (16) The Commission shall, in addition to notifying any
14     appropriate law enforcement agency, submit notices of
15     complaints or violations of Sections 6-29 and 6-29.1 by
16     persons who do not hold a winery shipper's license under
17     this amendatory Act to the Illinois Attorney General and to
18     the U.S. Department of Treasury's Alcohol and Tobacco Tax
19     and Trade Bureau.
20         (17) (A) A person licensed to make wine under the laws
21     of another state who has a winery shipper's license under
22     this amendatory Act and annually produces less than 25,000
23     gallons of wine or a person who has a first-class or
24     second-class wine manufacturer's license, a first-class or
25     second-class wine-maker's license, or a limited wine
26     manufacturer's license under this Act and annually

 

 

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1     produces less than 25,000 gallons of wine may make
2     application to the Commission for a self-distribution
3     exemption to allow the sale of not more than 5,000 gallons
4     of the exemption holder's wine to retail licensees per
5     year.
6             (B) In the application, which shall be sworn under
7         penalty of perjury, such person shall state (1) the
8         date it was established; (2) its volume of production
9         and sales for each year since its establishment; (3)
10         its efforts to establish distributor relationships;
11         (4) that a self-distribution exemption is necessary to
12         facilitate the marketing of its wine; and (5) that it
13         will comply with the liquor and revenue laws of the
14         United States, this State, and any other state where it
15         is licensed.
16             (C) The Commission shall approve the application
17         for a self-distribution exemption if such person: (1)
18         is in compliance with State revenue and liquor laws;
19         (2) is not a member of any affiliated group that
20         produces more than 25,000 gallons of wine per annum or
21         produces any other alcoholic liquor; (3) will not
22         annually produce for sale more than 25,000 gallons of
23         wine; and (4) will not annually sell more than 5,000
24         gallons of its wine to retail licensees.
25             (D) A self-distribution exemption holder shall
26         annually certify to the Commission its production of

 

 

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1         wine in the previous 12 months and its anticipated
2         production and sales for the next 12 months. The
3         Commission may fine, suspend, or revoke a
4         self-distribution exemption after a hearing if it
5         finds that the exemption holder has made a material
6         misrepresentation in its application, violated a
7         revenue or liquor law of Illinois, exceeded production
8         of 25,000 gallons of wine in any calendar year, or
9         become part of an affiliated group producing more than
10         25,000 gallons of wine or any other alcoholic liquor.
11             (E) Except in hearings for violations of this Act
12         or amendatory Act or a bona fide investigation by duly
13         sworn law enforcement officials, the Commission, or
14         its agents, the Commission shall maintain the
15         production and sales information of a
16         self-distribution exemption holder as confidential and
17         shall not release such information to any person.
18             (F) The Commission shall issue regulations
19         governing self-distribution exemptions consistent with
20         this Section and this Act.
21             (G) Nothing in this subsection (17) shall prohibit
22         a self-distribution exemption holder from entering
23         into or simultaneously having a distribution agreement
24         with a licensed Illinois distributor.
25             (H) It is the intent of this subsection (17) to
26         promote and continue orderly markets. The General

 

 

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1         Assembly finds that in order to preserve Illinois'
2         regulatory distribution system it is necessary to
3         create an exception for smaller makers of wine as their
4         wines are frequently adjusted in varietals, mixes,
5         vintages, and taste to find and create market niches
6         sometimes too small for distributor or importing
7         distributor business strategies. Limited
8         self-distribution rights will afford and allow smaller
9         makers of wine access to the marketplace in order to
10         develop a customer base without impairing the
11         integrity of the 3-tier system.
12     (b) On or before April 30, 1999, the Commission shall
13 present a written report to the Governor and the General
14 Assembly that shall be based on a study of the impact of this
15 amendatory Act of 1998 on the business of soliciting, selling,
16 and shipping alcoholic liquor from outside of this State
17 directly to residents of this State.
18     As part of its report, the Commission shall provide the
19 following information:
20         (i) the amount of State excise and sales tax revenues
21     generated as a result of this amendatory Act of 1998;
22         (ii) the amount of licensing fees received as a result
23     of this amendatory Act of 1998;
24         (iii) the number of reported violations, the number of
25     cease and desist notices issued by the Commission, the
26     number of notices of violations issued to the Department of

 

 

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1     Revenue, and the number of notices and complaints of
2     violations to law enforcement officials.
3 (Source: P.A. 95-634, eff. 6-1-08.)
 
4     (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
5     Sec. 6-2. Issuance of licenses to certain persons
6 prohibited.
7     (a) Except as otherwise provided in subsection (b) of this
8 Section and in paragraph (1) of subsection (a) of Section 3-12,
9 no license of any kind issued by the State Commission or any
10 local commission shall be issued to:
11         (1) A person who is not a resident of any city, village
12     or county in which the premises covered by the license are
13     located; except in case of railroad or boat licenses.
14         (2) A person who is not of good character and
15     reputation in the community in which he resides.
16         (3) A person who is not a citizen of the United States.
17         (4) A person who has been convicted of a felony under
18     any Federal or State law, unless the Commission determines
19     that such person has been sufficiently rehabilitated to
20     warrant the public trust after considering matters set
21     forth in such person's application and the Commission's
22     investigation. The burden of proof of sufficient
23     rehabilitation shall be on the applicant.
24         (5) A person who has been convicted of being the keeper
25     or is keeping a house of ill fame.

 

 

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1         (6) A person who has been convicted of pandering or
2     other crime or misdemeanor opposed to decency and morality.
3         (7) A person whose license issued under this Act has
4     been revoked for cause.
5         (8) A person who at the time of application for renewal
6     of any license issued hereunder would not be eligible for
7     such license upon a first application.
8         (9) A copartnership, if any general partnership
9     thereof, or any limited partnership thereof, owning more
10     than 5% of the aggregate limited partner interest in such
11     copartnership would not be eligible to receive a license
12     hereunder for any reason other than residence within the
13     political subdivision, unless residency is required by
14     local ordinance.
15         (10) A corporation or limited liability company, if any
16     member, officer, manager or director thereof, or any
17     stockholder or stockholders owning in the aggregate more
18     than 5% of the stock of such corporation, would not be
19     eligible to receive a license hereunder for any reason
20     other than citizenship and residence within the political
21     subdivision.
22         (10a) A corporation or limited liability company
23     unless it is incorporated or organized in Illinois, or
24     unless it is a foreign corporation or foreign limited
25     liability company which is qualified under the Business
26     Corporation Act of 1983 or the Limited Liability Company

 

 

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1     Act to transact business in Illinois. The Commission shall
2     permit and accept from an applicant for a license under
3     this Act proof prepared from the Secretary of State's
4     website that the corporation or limited liability company
5     is in good standing and is qualified under the Business
6     Corporation Act of 1983 or the Limited Liability Company
7     Act to transact business in Illinois.
8         (11) A person whose place of business is conducted by a
9     manager or agent unless the manager or agent possesses the
10     same qualifications required by the licensee.
11         (12) A person who has been convicted of a violation of
12     any Federal or State law concerning the manufacture,
13     possession or sale of alcoholic liquor, subsequent to the
14     passage of this Act or has forfeited his bond to appear in
15     court to answer charges for any such violation.
16         (13) A person who does not beneficially own the
17     premises for which a license is sought, or does not have a
18     lease thereon for the full period for which the license is
19     to be issued.
20         (14) Any law enforcing public official, including
21     members of local liquor control commissions, any mayor,
22     alderman, or member of the city council or commission, any
23     president of the village board of trustees, any member of a
24     village board of trustees, or any president or member of a
25     county board; and no such official shall have a direct
26     interest in the manufacture, sale, or distribution of

 

 

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1     alcoholic liquor, except that a license may be granted to
2     such official in relation to premises that are not located
3     within the territory subject to the jurisdiction of that
4     official if the issuance of such license is approved by the
5     State Liquor Control Commission and except that a license
6     may be granted, in a city or village with a population of
7     50,000 or less, to any alderman, member of a city council,
8     or member of a village board of trustees in relation to
9     premises that are located within the territory subject to
10     the jurisdiction of that official if (i) the sale of
11     alcoholic liquor pursuant to the license is incidental to
12     the selling of food, (ii) the issuance of the license is
13     approved by the State Commission, (iii) the issuance of the
14     license is in accordance with all applicable local
15     ordinances in effect where the premises are located, and
16     (iv) the official granted a license does not vote on
17     alcoholic liquor issues pending before the board or council
18     to which the license holder is elected. Notwithstanding any
19     provision of this paragraph (14) to the contrary, an
20     alderman or member of a city council or commission, a
21     member of a village board of trustees other than the
22     president of the village board of trustees, or a member of
23     a county board other than the president of a county board
24     may have a direct interest in the manufacture, sale, or
25     distribution of alcoholic liquor as long as he or she is
26     not a law enforcing public official, a mayor, a village

 

 

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1     board president, or president of a county board. To prevent
2     any conflict of interest, the elected official with the
3     direct interest in the manufacture, sale, or distribution
4     of alcoholic liquor cannot participate in any meetings,
5     hearings, or decisions on matters impacting the
6     manufacture, sale, or distribution of alcoholic liquor.
7         (15) A person who is not a beneficial owner of the
8     business to be operated by the licensee.
9         (16) A person who has been convicted of a gambling
10     offense as proscribed by any of subsections (a) (1) (3)
11     through (a) (11) of Section 28-1 of, or as proscribed by
12     Section 28-1.1 or 28-3 of, the Criminal Code of 1961, or as
13     proscribed by a statute replaced by any of the aforesaid
14     statutory provisions.
15         (17) A person or entity to whom a federal wagering
16     stamp has been issued by the federal government, unless the
17     person or entity is eligible to be issued a license under
18     the Raffles Act or the Illinois Pull Tabs and Jar Games
19     Act.
20         (18) A person who intends to sell alcoholic liquors for
21     use or consumption on his or her licensed retail premises
22     who does not have liquor liability insurance coverage for
23     that premises in an amount that is at least equal to the
24     maximum liability amounts set out in subsection (a) of
25     Section 6-21.
26     (b) A criminal conviction of a corporation is not grounds

 

 

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1 for the denial, suspension, or revocation of a license applied
2 for or held by the corporation if the criminal conviction was
3 not the result of a violation of any federal or State law
4 concerning the manufacture, possession or sale of alcoholic
5 liquor, the offense that led to the conviction did not result
6 in any financial gain to the corporation and the corporation
7 has terminated its relationship with each director, officer,
8 employee, or controlling shareholder whose actions directly
9 contributed to the conviction of the corporation. The
10 Commission shall determine if all provisions of this subsection
11 (b) have been met before any action on the corporation's
12 license is initiated. This subsection (b) does not apply to a
13 corporation that has been convicted of a gambling offense as
14 described in paragraph (16) of subsection (a) of this Section.
15 (Source: P.A. 94-5, eff. 6-3-05; 94-289, eff. 1-1-06; 94-381,
16 eff. 7-29-05; 95-331, eff. 8-21-07.)
 
17     Section 10. The Criminal Code of 1961 is amended by
18 changing Sections 28-1, 28-2, 28-3, and 28-5 as follows:
 
19     (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
20     Sec. 28-1. Gambling.
21     (a) A person commits gambling when he:
22         (1) Plays a game of chance or skill for money or other
23     thing of value, unless excepted in subsection (b) of this
24     Section; or

 

 

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1         (2) Makes a wager upon the result of any game, contest,
2     or any political nomination, appointment or election; or
3         (3) Operates, keeps, owns, uses, purchases, exhibits,
4     rents, sells, bargains for the sale or lease of,
5     manufactures or distributes any gambling device; or
6         (4) Contracts to have or give himself or another the
7     option to buy or sell, or contracts to buy or sell, at a
8     future time, any grain or other commodity whatsoever, or
9     any stock or security of any company, where it is at the
10     time of making such contract intended by both parties
11     thereto that the contract to buy or sell, or the option,
12     whenever exercised, or the contract resulting therefrom,
13     shall be settled, not by the receipt or delivery of such
14     property, but by the payment only of differences in prices
15     thereof; however, the issuance, purchase, sale, exercise,
16     endorsement or guarantee, by or through a person registered
17     with the Secretary of State pursuant to Section 8 of the
18     Illinois Securities Law of 1953, or by or through a person
19     exempt from such registration under said Section 8, of a
20     put, call, or other option to buy or sell securities which
21     have been registered with the Secretary of State or which
22     are exempt from such registration under Section 3 of the
23     Illinois Securities Law of 1953 is not gambling within the
24     meaning of this paragraph (4); or
25         (5) Knowingly owns or possesses any book, instrument or
26     apparatus by means of which bets or wagers have been, or

 

 

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1     are, recorded or registered, or knowingly possesses any
2     money which he has received in the course of a bet or
3     wager; or
4         (6) Sells pools upon the result of any game or contest
5     of skill or chance, political nomination, appointment or
6     election; or
7         (7) Sets up or promotes any lottery or sells, offers to
8     sell or transfers any ticket or share for any lottery; or
9         (8) Sets up or promotes any policy game or sells,
10     offers to sell or knowingly possesses or transfers any
11     policy ticket, slip, record, document or other similar
12     device; or
13         (9) Knowingly drafts, prints or publishes any lottery
14     ticket or share, or any policy ticket, slip, record,
15     document or similar device, except for such activity
16     related to lotteries, bingo games and raffles authorized by
17     and conducted in accordance with the laws of Illinois or
18     any other state or foreign government; or
19         (10) Knowingly advertises any lottery or policy game,
20     except for such activity related to lotteries, bingo games
21     and raffles authorized by and conducted in accordance with
22     the laws of Illinois or any other state; or
23         (11) Knowingly transmits information as to wagers,
24     betting odds, or changes in betting odds by telephone,
25     telegraph, radio, semaphore or similar means; or knowingly
26     installs or maintains equipment for the transmission or

 

 

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1     receipt of such information; except that nothing in this
2     subdivision (11) prohibits transmission or receipt of such
3     information for use in news reporting of sporting events or
4     contests; or
5         (12) Knowingly establishes, maintains, or operates an
6     Internet site that permits a person to play a game of
7     chance or skill for money or other thing of value by means
8     of the Internet or to make a wager upon the result of any
9     game, contest, political nomination, appointment, or
10     election by means of the Internet.
11     (b) Participants in any of the following activities shall
12 not be convicted of gambling therefor:
13         (1) Agreements to compensate for loss caused by the
14     happening of chance including without limitation contracts
15     of indemnity or guaranty and life or health or accident
16     insurance;
17         (2) Offers of prizes, award or compensation to the
18     actual contestants in any bona fide contest for the
19     determination of skill, speed, strength or endurance or to
20     the owners of animals or vehicles entered in such contest;
21         (3) Pari-mutuel betting as authorized by the law of
22     this State;
23         (4) Manufacture of gambling devices, including the
24     acquisition of essential parts therefor and the assembly
25     thereof, for transportation in interstate or foreign
26     commerce to any place outside this State when such

 

 

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1     transportation is not prohibited by any applicable Federal
2     law;
3         (5) The game commonly known as "bingo", when conducted
4     in accordance with the Bingo License and Tax Act;
5         (6) Lotteries when conducted by the State of Illinois
6     in accordance with the Illinois Lottery Law;
7         (7) Possession of an antique slot machine that is
8     neither used nor intended to be used in the operation or
9     promotion of any unlawful gambling activity or enterprise.
10     For the purpose of this subparagraph (b)(7), an antique
11     slot machine is one manufactured 25 years ago or earlier;
12         (8) Raffles when conducted in accordance with the
13     Raffles Act;
14         (9) Charitable games when conducted in accordance with
15     the Charitable Games Act;
16         (10) Pull tabs and jar games when conducted under the
17     Illinois Pull Tabs and Jar Games Act; or
18         (11) Gambling games conducted on riverboats when
19     authorized by the Riverboat Gambling Act.
20     (c) Sentence.
21     Gambling under subsection (a)(1) or (a)(2) of this Section
22 is a Class A misdemeanor. Gambling under any of subsections
23 (a)(3) through (a)(11) of this Section is a Class A
24 misdemeanor. A second or subsequent conviction under any of
25 subsections (a)(3) through (a)(11), is a Class 4 felony.
26 Gambling under subsection (a)(12) of this Section is a Class A

 

 

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1 misdemeanor. A second or subsequent conviction under
2 subsection (a)(12) is a Class 4 felony.
3     (c-5) Liquor license suspension or revocation.
4      Upon a conviction of a person licensed under the Liquor
5 Control Act of 1934 for a gambling offense under any of
6 subsections (a)(1) through (a)(11) of this Section, the State's
7 Attorney shall notify the Illinois Liquor Control Commission of
8 the conviction. The Illinois Liquor Control Commission shall
9 suspend all licenses issued to such person upon a second
10 conviction for a gambling offense within a 12 month period, and
11 shall revoke those licenses upon a third or subsequent
12 conviction for a gambling offense within a 5 year period.
13     (d) Circumstantial evidence.
14     In prosecutions under subsection (a)(1) through (a)(12) of
15 this Section circumstantial evidence shall have the same
16 validity and weight as in any criminal prosecution.
17 (Source: P.A. 91-257, eff. 1-1-00.)
 
18     (720 ILCS 5/28-3)  (from Ch. 38, par. 28-3)
19     Sec. 28-3. Keeping a Gambling Place. A "gambling place" is
20 any real estate, vehicle, boat or any other property whatsoever
21 used for the purposes of gambling other than gambling conducted
22 in the manner authorized by the Riverboat Gambling Act. Any
23 person who knowingly permits any premises or property owned or
24 occupied by him or under his control to be used as a gambling
25 place commits a Class A misdemeanor. Each subsequent offense is

 

 

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1 a Class 4 felony. When any premises is determined by the
2 circuit court to be a gambling place:
3     (a) Such premises is a public nuisance and may be proceeded
4 against as such, and
5     (b) All licenses, permits or certificates issued by the
6 State of Illinois or any subdivision or public agency thereof
7 authorizing the serving of food or liquor on such premises
8 shall be void; and no license, permit or certificate so
9 cancelled shall be reissued for such premises for a period of
10 60 days thereafter; nor shall any person convicted of keeping a
11 gambling place be reissued such license for one year from his
12 conviction and, after a second conviction of keeping a gambling
13 place, any such person shall not be reissued such license, and
14     (b-5) All licenses issued by the State of Illinois under
15 the Liquor Control Act of 1934 authorizing the serving of
16 liquor on such premises shall be suspended for a period of 60
17 days thereafter; and upon a second conviction of keeping a
18 gambling place all licenses issued by the State of Illinois
19 under the Liquor Control Act of 1934 authorizing the serving of
20 liquor on such premises shall be revoked.
21     (c) Such premises of any person who knowingly permits
22 thereon a violation of any Section of this Article shall be
23 held liable for, and may be sold to pay any unsatisfied
24 judgment that may be recovered and any unsatisfied fine that
25 may be levied under any Section of this Article.
26 (Source: P.A. 86-1029.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".