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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Alcoholism and Other Drug Abuse and | ||||||||||||||||||||||||
5 | Dependency Act is amended by changing Section 5-20 as follows:
| ||||||||||||||||||||||||
6 | (20 ILCS 301/5-20)
| ||||||||||||||||||||||||
7 | Sec. 5-20. Compulsive gambling program.
| ||||||||||||||||||||||||
8 | (a) Subject to appropriation, the Department shall | ||||||||||||||||||||||||
9 | establish a program for
public education, research, and | ||||||||||||||||||||||||
10 | training regarding problem and compulsive
gambling and the | ||||||||||||||||||||||||
11 | treatment and prevention of problem and compulsive gambling.
| ||||||||||||||||||||||||
12 | Subject to specific appropriation for these stated purposes, | ||||||||||||||||||||||||
13 | the program must
include all of the following:
| ||||||||||||||||||||||||
14 | (1) Establishment and maintenance of a toll-free "800" | ||||||||||||||||||||||||
15 | telephone number
to provide crisis counseling and referral | ||||||||||||||||||||||||
16 | services to families experiencing
difficulty as a result of | ||||||||||||||||||||||||
17 | problem or compulsive gambling.
| ||||||||||||||||||||||||
18 | (2) Promotion of public awareness regarding the | ||||||||||||||||||||||||
19 | recognition and
prevention of problem and compulsive | ||||||||||||||||||||||||
20 | gambling.
| ||||||||||||||||||||||||
21 | (3) Facilitation, through in-service training and | ||||||||||||||||||||||||
22 | other means, of the
availability of effective assistance | ||||||||||||||||||||||||
23 | programs for problem and compulsive
gamblers.
|
| |||||||
| |||||||
1 | (4) Conducting studies to identify adults and | ||||||
2 | juveniles in this
State who are, or who are at risk of | ||||||
3 | becoming, problem or compulsive gamblers.
| ||||||
4 | (b) Subject to appropriation, the Department shall either | ||||||
5 | establish and
maintain the program or contract with a private | ||||||
6 | or public entity for the
establishment and maintenance of the | ||||||
7 | program. Subject to appropriation, either
the Department or the | ||||||
8 | private or public entity shall implement the toll-free
| ||||||
9 | telephone number, promote public awareness, and conduct | ||||||
10 | in-service training
concerning problem and compulsive | ||||||
11 | gambling.
| ||||||
12 | (c) Subject to appropriation, the Department shall produce | ||||||
13 | and supply the
signs specified in Section 10.7 of the Illinois | ||||||
14 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
15 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
16 | of the Charitable Games Act, and Section 13.1 of the Riverboat | ||||||
17 | and Land-based
Gambling Act.
| ||||||
18 | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| ||||||
19 | Section 10. The Department of Revenue Law of the
Civil | ||||||
20 | Administrative Code of Illinois is amended by changing Section | ||||||
21 | 2505-305 as follows:
| ||||||
22 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| ||||||
23 | Sec. 2505-305. Investigators.
| ||||||
24 | (a) The Department has the power to
appoint investigators |
| |||||||
| |||||||
1 | to conduct all investigations,
searches, seizures, arrests, | ||||||
2 | and other duties imposed under the provisions
of any law | ||||||
3 | administered by the Department.
Except as provided in | ||||||
4 | subsection (c), these investigators have
and
may exercise all | ||||||
5 | the powers of peace officers solely for the purpose of
| ||||||
6 | enforcing taxing measures administered by the Department.
| ||||||
7 | (b) The Director must authorize to each investigator | ||||||
8 | employed under this
Section and
to any other employee of the | ||||||
9 | Department exercising the powers of a peace
officer a
distinct | ||||||
10 | badge that, on its face, (i) clearly states that the badge is
| ||||||
11 | authorized
by the
Department and (ii)
contains a unique | ||||||
12 | identifying number.
No other badge shall be authorized by
the | ||||||
13 | Department.
| ||||||
14 | (c) The Department may enter into agreements with the | ||||||
15 | Illinois Gaming Board providing that investigators appointed | ||||||
16 | under this Section shall exercise the peace officer powers set | ||||||
17 | forth in paragraph (20.6) of subsection (c) of Section 5 of the | ||||||
18 | Riverboat and Land-based Gambling Act.
| ||||||
19 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
20 | Section 15. The State Finance Act is amended by changing | ||||||
21 | Section 6z-45 as follows:
| ||||||
22 | (30 ILCS 105/6z-45)
| ||||||
23 | Sec. 6z-45. The School Infrastructure Fund.
| ||||||
24 | (a) The School Infrastructure Fund is created as a special |
| |||||||
| |||||||
1 | fund
in the State Treasury.
| ||||||
2 | In addition to any other deposits authorized by law, | ||||||
3 | beginning January
1, 2000, on the first day of each month, or | ||||||
4 | as soon thereafter as may be
practical, the State Treasurer and | ||||||
5 | State Comptroller shall transfer the sum of
$5,000,000 from the | ||||||
6 | General Revenue Fund to the School Infrastructure Fund, except | ||||||
7 | that, notwithstanding any other provision of law, and in | ||||||
8 | addition to any other transfers that may be provided for by | ||||||
9 | law, before June 30, 2012, the Comptroller and the Treasurer | ||||||
10 | shall transfer $45,000,000 from the General Revenue Fund into | ||||||
11 | the School Infrastructure Fund, and, for fiscal year 2013 only, | ||||||
12 | the Treasurer and the Comptroller shall transfer $1,250,000 | ||||||
13 | from the General Revenue Fund to the School Infrastructure Fund | ||||||
14 | on the first day of each month;
provided, however, that no such | ||||||
15 | transfers shall be made from July 1, 2001
through June 30, | ||||||
16 | 2003.
| ||||||
17 | (b) Subject to the transfer provisions set forth below, | ||||||
18 | money in the
School Infrastructure Fund shall, if and when the | ||||||
19 | State of Illinois incurs
any bonded indebtedness for the | ||||||
20 | construction of school improvements under
the School | ||||||
21 | Construction Law, be set aside and used for the purpose of
| ||||||
22 | paying and discharging annually the principal and interest on | ||||||
23 | that bonded
indebtedness then due and payable, and for no other | ||||||
24 | purpose.
| ||||||
25 | In addition to other transfers to the General Obligation | ||||||
26 | Bond Retirement and
Interest Fund made pursuant to Section 15 |
| |||||||
| |||||||
1 | of the General Obligation Bond Act,
upon each delivery of bonds | ||||||
2 | issued for construction of school improvements
under the School | ||||||
3 | Construction Law, the State Comptroller shall
compute and | ||||||
4 | certify to the State Treasurer the total amount of principal | ||||||
5 | of,
interest on, and premium, if any, on such bonds during the | ||||||
6 | then current and
each succeeding fiscal year.
With respect to | ||||||
7 | the interest payable on variable rate bonds, such
| ||||||
8 | certifications shall be calculated at the maximum rate of | ||||||
9 | interest that
may be payable during the fiscal year, after | ||||||
10 | taking into account any credits
permitted in the related | ||||||
11 | indenture or other instrument against the amount of
such | ||||||
12 | interest required to be appropriated for that period.
| ||||||
13 | On or before the last day of each month, the State | ||||||
14 | Treasurer and State
Comptroller shall transfer from the School | ||||||
15 | Infrastructure Fund to the General
Obligation Bond Retirement | ||||||
16 | and Interest Fund an amount sufficient to pay the
aggregate of | ||||||
17 | the principal of, interest on, and premium, if any, on the | ||||||
18 | bonds
payable on their next payment date, divided by the number | ||||||
19 | of monthly transfers
occurring between the last previous | ||||||
20 | payment date (or the delivery date if no
payment date has yet | ||||||
21 | occurred) and the next succeeding payment date.
Interest | ||||||
22 | payable on variable rate bonds shall be calculated at the | ||||||
23 | maximum
rate of interest that may be payable for the relevant | ||||||
24 | period, after taking into
account any credits permitted in the | ||||||
25 | related indenture or other instrument
against the amount of | ||||||
26 | such interest required to be appropriated for that
period.
|
| |||||||
| |||||||
1 | Interest for which moneys have already been deposited into the | ||||||
2 | capitalized
interest account within the General Obligation | ||||||
3 | Bond Retirement and Interest
Fund shall not be included in the | ||||||
4 | calculation of the amounts to be transferred
under this | ||||||
5 | subsection.
| ||||||
6 | (b-5) The money deposited into the School Infrastructure | ||||||
7 | Fund from transfers pursuant to subsections (c-30) and (c-35) | ||||||
8 | of Section 13 of the Riverboat and Land-based Gambling Act | ||||||
9 | shall be applied, without further direction, as provided in | ||||||
10 | subsection (b-3) of Section 5-35 of the School Construction | ||||||
11 | Law. | ||||||
12 | (c) The surplus, if any, in the School Infrastructure Fund | ||||||
13 | after payments made pursuant to subsections (b) and (b-5) of | ||||||
14 | this Section shall, subject to appropriation, be used as | ||||||
15 | follows:
| ||||||
16 | First - to make 3 payments to the School Technology | ||||||
17 | Revolving Loan Fund as
follows:
| ||||||
18 | Transfer of $30,000,000 in fiscal year 1999;
| ||||||
19 | Transfer of $20,000,000 in fiscal year 2000; and
| ||||||
20 | Transfer of $10,000,000 in fiscal year 2001.
| ||||||
21 | Second - to pay the expenses of the State Board of | ||||||
22 | Education and the Capital
Development Board in administering | ||||||
23 | programs under the School Construction
Law, the total expenses | ||||||
24 | not to exceed $1,200,000 in any
fiscal year.
| ||||||
25 | Third - to pay any amounts due for grants for school | ||||||
26 | construction projects
and debt service under the School |
| |||||||
| |||||||
1 | Construction Law.
| ||||||
2 | Fourth - to pay any amounts due for grants for school | ||||||
3 | maintenance projects
under the School Construction Law.
| ||||||
4 | (Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
| ||||||
5 | Section 20. The Joliet Regional Port District Act is | ||||||
6 | amended by changing Section 5.1 as follows:
| ||||||
7 | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
| ||||||
8 | Sec. 5.1. Riverboat gambling. Notwithstanding any other | ||||||
9 | provision of
this Act, the District may not regulate the | ||||||
10 | operation, conduct, or
navigation of any riverboat gambling | ||||||
11 | casino licensed under the Riverboat and Land-based
Gambling | ||||||
12 | Act, and the District
may not license, tax, or otherwise levy | ||||||
13 | any assessment of any kind on
any riverboat gambling casino | ||||||
14 | licensed under the Riverboat and Land-based Gambling Act. The
| ||||||
15 | General Assembly declares that the powers to regulate the | ||||||
16 | operation,
conduct, and navigation of riverboat gambling | ||||||
17 | casinos and to license, tax,
and levy assessments upon | ||||||
18 | riverboat gambling casinos are exclusive powers of
the State of | ||||||
19 | Illinois and the Illinois Gaming Board as provided in the
| ||||||
20 | Riverboat and Land-based Gambling Act.
| ||||||
21 | (Source: P.A. 87-1175.)
| ||||||
22 | Section 25. The Consumer Installment Loan Act is amended by | ||||||
23 | changing Section 12.5 as follows:
|
| |||||||
| |||||||
1 | (205 ILCS 670/12.5)
| ||||||
2 | Sec. 12.5. Limited purpose branch.
| ||||||
3 | (a) Upon the written approval of the Director, a licensee | ||||||
4 | may maintain a
limited purpose branch for the sole purpose of | ||||||
5 | making loans as permitted by
this Act. A limited purpose branch | ||||||
6 | may include an automatic loan machine. No
other activity shall | ||||||
7 | be conducted at the site, including but not limited to,
| ||||||
8 | accepting payments, servicing the accounts, or collections.
| ||||||
9 | (b) The licensee must submit an application for a limited | ||||||
10 | purpose branch to
the Director on forms prescribed by the | ||||||
11 | Director with an application fee of
$300. The approval for the | ||||||
12 | limited purpose branch must be renewed concurrently
with the | ||||||
13 | renewal of the licensee's license along with a renewal fee of | ||||||
14 | $300 for
the limited purpose branch.
| ||||||
15 | (c) The books, accounts, records, and files of the limited | ||||||
16 | purpose branch's
transactions shall be maintained at the | ||||||
17 | licensee's licensed location. The
licensee shall notify the | ||||||
18 | Director of the licensed location at which the books,
accounts, | ||||||
19 | records, and files shall be maintained.
| ||||||
20 | (d) The licensee shall prominently display at the limited | ||||||
21 | purpose branch the
address and telephone number of the | ||||||
22 | licensee's licensed location.
| ||||||
23 | (e) No other business shall be conducted at the site of the | ||||||
24 | limited purpose
branch unless authorized by the Director.
| ||||||
25 | (f) The Director shall make and enforce reasonable rules |
| |||||||
| |||||||
1 | for the conduct of
a limited purpose branch.
| ||||||
2 | (g) A limited purpose branch may not be located
within | ||||||
3 | 1,000 feet of a facility operated by an inter-track wagering | ||||||
4 | licensee or
an organization licensee subject to the Illinois | ||||||
5 | Horse Racing Act of 1975,
on a riverboat subject to
the | ||||||
6 | Riverboat and Land-based Gambling Act, or within 1,000 feet of | ||||||
7 | the location at which the
riverboat docks.
| ||||||
8 | (Source: P.A. 90-437, eff. 1-1-98.)
| ||||||
9 | Section 30. The Illinois Horse Racing Act of 1975 is | ||||||
10 | amended by changing Sections 54 and 54.75 as follows:
| ||||||
11 | (230 ILCS 5/54)
| ||||||
12 | Sec. 54. Horse Racing Equity Fund.
| ||||||
13 | (a) There is created in the State Treasury a Fund to be | ||||||
14 | known as the Horse
Racing
Equity Fund. The Fund shall consist | ||||||
15 | of moneys paid into it pursuant to
subsection (c-5) of Section | ||||||
16 | 13 of the Riverboat and Land-based Gambling Act. The Fund shall
| ||||||
17 | be administered
by the Racing Board.
| ||||||
18 | (b) The moneys deposited into the Fund shall be distributed | ||||||
19 | by the Racing Board
within 10 days after those moneys are | ||||||
20 | deposited into the Fund as follows:
| ||||||
21 | (1) Fifty percent of all moneys distributed under this | ||||||
22 | subsection shall be
distributed to organization licensees | ||||||
23 | to be distributed at their race
meetings as purses. | ||||||
24 | Fifty-seven percent of the amount distributed under this
|
| |||||||
| |||||||
1 | paragraph (1) shall be distributed for thoroughbred race | ||||||
2 | meetings and
43% shall be distributed for standardbred race | ||||||
3 | meetings. Within each
breed, moneys shall be allocated to | ||||||
4 | each organization licensee's purse
fund in accordance with | ||||||
5 | the ratio between the purses generated for that
breed by | ||||||
6 | that licensee during the prior calendar year and the total | ||||||
7 | purses
generated throughout the State for that breed during | ||||||
8 | the prior calendar
year.
| ||||||
9 | (2) The remaining 50% of the moneys distributed under | ||||||
10 | this
subsection (b) shall be distributed pro rata
according | ||||||
11 | to the aggregate
proportion of state-wide handle at the | ||||||
12 | racetrack, inter-track, and inter-track
wagering locations | ||||||
13 | that derive their licenses from a racetrack identified in
| ||||||
14 | this paragraph (2) for calendar years 1994, 1996, and 1997
| ||||||
15 | to (i) any person (or its
successors or assigns) who had
| ||||||
16 | operating control of a racing facility at which live racing | ||||||
17 | was conducted in
calendar year 1997 and who has operating | ||||||
18 | control of an organization licensee
that conducted racing | ||||||
19 | in calendar year 1997 and is a licensee in the current
| ||||||
20 | year, or (ii) any person
(or its successors or assigns)
who | ||||||
21 | has operating control of a racing facility located in a
| ||||||
22 | county that is bounded by the Mississippi River that has a | ||||||
23 | population of less
than 150,000 according to the 1990 | ||||||
24 | decennial census and conducted an average of
60 days of | ||||||
25 | racing per year between 1985 and 1993 and has been awarded | ||||||
26 | an
inter-track wagering license in the current year.
|
| |||||||
| |||||||
1 | If any person identified in this paragraph (2) becomes
| ||||||
2 | ineligible to receive moneys from the Fund, such amount | ||||||
3 | shall be redistributed
among the remaining persons in | ||||||
4 | proportion to their percentages otherwise
calculated.
| ||||||
5 | (Source: P.A. 98-18, eff. 6-7-13.)
| ||||||
6 | (230 ILCS 5/54.75)
| ||||||
7 | Sec. 54.75. Horse Racing Equity Trust Fund. | ||||||
8 | (a) There is created a Fund to be known as the Horse
Racing
| ||||||
9 | Equity Trust Fund, which is a non-appropriated trust fund held | ||||||
10 | separate and apart from State moneys. The Fund shall consist of | ||||||
11 | moneys paid into it by owners licensees under
the Riverboat and | ||||||
12 | Land-based Gambling Act for the purposes described in this | ||||||
13 | Section. The Fund shall
be administered
by the Board. Moneys in | ||||||
14 | the Fund shall be distributed as directed and certified by the | ||||||
15 | Board in accordance with the provisions of subsection (b). | ||||||
16 | (b) The moneys deposited into the Fund, plus any accrued | ||||||
17 | interest on those moneys, shall be distributed
within 10 days | ||||||
18 | after those moneys are deposited into the Fund as follows: | ||||||
19 | (1) Sixty percent of all moneys distributed under this | ||||||
20 | subsection shall be
distributed to organization licensees | ||||||
21 | to be distributed at their race
meetings as purses. | ||||||
22 | Fifty-seven percent of the amount distributed under this
| ||||||
23 | paragraph (1) shall be distributed for thoroughbred race | ||||||
24 | meetings and
43% shall be distributed for standardbred race | ||||||
25 | meetings. Within each
breed, moneys shall be allocated to |
| |||||||
| |||||||
1 | each organization licensee's purse
fund in accordance with | ||||||
2 | the ratio between the purses generated for that
breed by | ||||||
3 | that licensee during the prior calendar year and the total | ||||||
4 | purses
generated throughout the State for that breed during | ||||||
5 | the prior calendar
year by licensees in the current | ||||||
6 | calendar year. | ||||||
7 | (2) The remaining 40% of the moneys distributed under | ||||||
8 | this
subsection (b) shall be distributed as follows: | ||||||
9 | (A) 11% shall be distributed to any person (or its | ||||||
10 | successors or assigns) who had operating control of a | ||||||
11 | racetrack that conducted live racing in 2002 at a | ||||||
12 | racetrack in a
county with at least 230,000 inhabitants | ||||||
13 | that borders the Mississippi River and is a licensee in | ||||||
14 | the current year; and | ||||||
15 | (B) the remaining 89% shall be distributed pro rata
| ||||||
16 | according to the aggregate
proportion of total handle | ||||||
17 | from wagering on live races conducted in Illinois | ||||||
18 | (irrespective of where the wagers are placed) for | ||||||
19 | calendar years 2004 and 2005
to any person (or its
| ||||||
20 | successors or assigns) who (i) had
majority operating | ||||||
21 | control of a racing facility at which live racing was | ||||||
22 | conducted in
calendar year 2002, (ii) is a licensee in | ||||||
23 | the current
year, and (iii) is not eligible to receive | ||||||
24 | moneys under subparagraph (A) of this paragraph (2). | ||||||
25 | The moneys received by an organization licensee | ||||||
26 | under this paragraph (2) shall be used by each |
| |||||||
| |||||||
1 | organization licensee to improve, maintain, market, | ||||||
2 | and otherwise operate its racing facilities to conduct | ||||||
3 | live racing, which shall include backstretch services | ||||||
4 | and capital improvements related to live racing and the | ||||||
5 | backstretch. Any organization licensees sharing common | ||||||
6 | ownership may pool the moneys received and spent at all | ||||||
7 | racing facilities commonly owned in order to meet these | ||||||
8 | requirements. | ||||||
9 | If any person identified in this paragraph (2) becomes
| ||||||
10 | ineligible to receive moneys from the Fund, such amount | ||||||
11 | shall be redistributed
among the remaining persons in | ||||||
12 | proportion to their percentages otherwise
calculated. | ||||||
13 | (c) The Board shall monitor organization licensees to | ||||||
14 | ensure that moneys paid to organization licensees under this | ||||||
15 | Section are distributed by the organization licensees as | ||||||
16 | provided in subsection (b).
| ||||||
17 | (Source: P.A. 95-1008, eff. 12-15-08.) | ||||||
18 | Section 35. The Riverboat Gambling Act is amended by | ||||||
19 | changing the title of the Act and Sections 1, 2, 3, 4, 5, 5.1, | ||||||
20 | 6, 7, 7.1, 7.3, 7.4, 8, 9, 11, 11.1, 11.2, 12, 13, 18, 19, 20, | ||||||
21 | and 24 as follows:
| ||||||
22 | (230 ILCS 10/1) (from Ch. 120, par. 2401)
| ||||||
23 | Sec. 1. Short title. This Act shall be known and may be | ||||||
24 | cited as the
Riverboat and Land-based Gambling Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-1029.)
| ||||||
2 | (230 ILCS 10/2) (from Ch. 120, par. 2402)
| ||||||
3 | Sec. 2. Legislative Intent.
| ||||||
4 | (a) This Act is intended to benefit the
people of the State | ||||||
5 | of Illinois
by assisting economic development and promoting | ||||||
6 | Illinois tourism
and by increasing the amount of revenues | ||||||
7 | available to the State to assist and
support education.
| ||||||
8 | (b) While authorization of riverboat and land-based | ||||||
9 | gambling will enhance investment,
development and tourism in | ||||||
10 | Illinois, it is recognized that it will do so
successfully only | ||||||
11 | if public confidence and trust in the credibility and
integrity | ||||||
12 | of the gambling operations and the regulatory process is
| ||||||
13 | maintained. Therefore, regulatory provisions of this Act are | ||||||
14 | designed to
strictly regulate the facilities, persons, | ||||||
15 | associations and practices
related to gambling operations | ||||||
16 | pursuant to the police powers of the State,
including | ||||||
17 | comprehensive law enforcement supervision.
| ||||||
18 | (c) The Illinois Gaming Board established under this Act | ||||||
19 | should, as soon
as possible, inform each applicant for an | ||||||
20 | owners license of the Board's
intent to grant or deny a | ||||||
21 | license.
| ||||||
22 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
23 | (230 ILCS 10/3) (from Ch. 120, par. 2403)
| ||||||
24 | Sec. 3. Riverboat and land-based gambling authorized |
| |||||||
| |||||||
1 | Gambling Authorized .
| ||||||
2 | (a) Riverboat and land-based gambling
operations and the | ||||||
3 | system of wagering
incorporated therein, as defined in this | ||||||
4 | Act, are hereby authorized to the
extent that they are carried | ||||||
5 | out in accordance with the provisions of this
Act.
| ||||||
6 | (b) This Act does not apply to the pari-mutuel system of | ||||||
7 | wagering used
or intended to be used in connection with the | ||||||
8 | horse-race meetings as
authorized under the Illinois Horse | ||||||
9 | Racing Act of 1975, lottery games
authorized under the Illinois | ||||||
10 | Lottery Law, bingo authorized under the Bingo
License and Tax | ||||||
11 | Act, charitable games authorized under the Charitable Games
Act | ||||||
12 | or pull tabs and jar games conducted under the Illinois Pull | ||||||
13 | Tabs and Jar
Games Act.
| ||||||
14 | (c) Riverboat gambling conducted pursuant to this Act may | ||||||
15 | be authorized
upon any water within the State of Illinois or | ||||||
16 | any
water other than Lake Michigan which constitutes a boundary | ||||||
17 | of the State
of Illinois.
A licensee may conduct riverboat | ||||||
18 | gambling authorized under this Act
regardless of whether it | ||||||
19 | conducts excursion cruises. A licensee may permit
the | ||||||
20 | continuous ingress and egress of passengers for the purpose of
| ||||||
21 | gambling.
| ||||||
22 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
23 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
24 | Sec. 4. Definitions. As used in this Act:
| ||||||
25 | (a) "Board" means the Illinois Gaming Board.
|
| |||||||
| |||||||
1 | (b) "Occupational license" means a license issued by the | ||||||
2 | Board to a
person or entity to perform an occupation which the | ||||||
3 | Board has identified as
requiring a license to engage in | ||||||
4 | riverboat or land-based gambling in Illinois.
| ||||||
5 | (c) "Gambling game" includes, but is not limited to, | ||||||
6 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
7 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
8 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
9 | pull tab which is authorized by the Board
as a wagering device | ||||||
10 | under this Act.
| ||||||
11 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
12 | permanently moored barge, or permanently moored barges that are | ||||||
13 | permanently
fixed together to operate as one vessel, on which | ||||||
14 | lawful gambling is
authorized and licensed as
provided in this | ||||||
15 | Act. | ||||||
16 | (d-1) "Land-based gambling facility" means a facility | ||||||
17 | located on land where lawful gambling is authorized and | ||||||
18 | licensed by this Act. | ||||||
19 | (d-2) "Land-based gambling" means the conducting of lawful | ||||||
20 | gambling, as authorized by this Act, in a land-based gambling | ||||||
21 | facility.
| ||||||
22 | (e) "Managers license" means a license issued by the Board | ||||||
23 | to a person or
entity
to manage gambling operations conducted | ||||||
24 | by the State pursuant to Section 7.3.
| ||||||
25 | (f) "Dock" means the location where a riverboat moors for | ||||||
26 | the purpose of
embarking passengers for and disembarking |
| |||||||
| |||||||
1 | passengers from the riverboat.
| ||||||
2 | (g) "Gross receipts" means the total amount of money | ||||||
3 | exchanged for the
purchase of chips, tokens or electronic cards | ||||||
4 | by riverboat or land-based gambling facility patrons.
| ||||||
5 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
6 | winnings paid to wagerers.
| ||||||
7 | (i) "Cheat" means to alter the selection of criteria which | ||||||
8 | determine the
result of a gambling game or the amount or | ||||||
9 | frequency of payment in a gambling
game.
| ||||||
10 | (j) (Blank).
| ||||||
11 | (k) "Gambling operation" means the conduct of authorized | ||||||
12 | gambling games
upon a riverboat or in a land-based gambling | ||||||
13 | facility .
| ||||||
14 | (l) "License bid" means the lump sum amount of money that | ||||||
15 | an applicant
bids and agrees to pay the State in return for an | ||||||
16 | owners license that is
re-issued on or after July 1, 2003.
| ||||||
17 | (m) The terms "minority person", "female", and "person with | ||||||
18 | a disability" shall have the same meaning
as
defined in
Section | ||||||
19 | 2 of the Business Enterprise for Minorities, Females, and | ||||||
20 | Persons with
Disabilities Act.
| ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
| ||||||
22 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
23 | Sec. 5. Gaming Board.
| ||||||
24 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
25 | Board, which shall have the powers and duties specified in
this |
| |||||||
| |||||||
1 | Act, and all other powers necessary and proper to fully and
| ||||||
2 | effectively execute this Act for the purpose of administering, | ||||||
3 | regulating,
and enforcing the system of riverboat and | ||||||
4 | land-based gambling established by this Act. Its
jurisdiction | ||||||
5 | shall extend under this Act to every person, association,
| ||||||
6 | corporation, partnership and trust involved in riverboat and | ||||||
7 | land-based gambling
operations in the State of Illinois.
| ||||||
8 | (2) The Board shall consist of 5 members to be appointed by | ||||||
9 | the Governor
with the advice and consent of the Senate, one of | ||||||
10 | whom shall be designated
by the Governor to be chairman. Each | ||||||
11 | member shall have a reasonable
knowledge of the practice, | ||||||
12 | procedure and principles of gambling operations.
Each member | ||||||
13 | shall either be a resident of Illinois or shall certify that he
| ||||||
14 | will become a resident of Illinois before taking office. At | ||||||
15 | least one member
shall be experienced in law enforcement and | ||||||
16 | criminal investigation, at
least one member shall be a | ||||||
17 | certified public accountant experienced in
accounting and | ||||||
18 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
19 | practice law in Illinois.
| ||||||
20 | (3) The terms of office of the Board members shall be 3 | ||||||
21 | years, except
that the terms of office of the initial Board | ||||||
22 | members appointed pursuant to
this Act will commence from the | ||||||
23 | effective date of this Act and run as
follows: one for a term | ||||||
24 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
25 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
26 | foregoing terms, the successors of such members shall serve a |
| |||||||
| |||||||
1 | term for 3
years and until their successors are appointed and | ||||||
2 | qualified for like terms.
Vacancies in the Board shall be | ||||||
3 | filled for the unexpired term in like
manner as original | ||||||
4 | appointments. Each member of the Board shall be
eligible for | ||||||
5 | reappointment at the discretion of the Governor with the
advice | ||||||
6 | and consent of the Senate.
| ||||||
7 | (4) Each member of the Board shall receive $300 for each | ||||||
8 | day the
Board meets and for each day the member conducts any | ||||||
9 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
10 | also be reimbursed for all actual
and necessary expenses and | ||||||
11 | disbursements incurred in the execution of official
duties.
| ||||||
12 | (5) No person shall be appointed a member of the Board or | ||||||
13 | continue to be
a member of the Board who is, or whose spouse, | ||||||
14 | child or parent is, a member
of the board of directors of, or a | ||||||
15 | person financially interested in, any
gambling operation | ||||||
16 | subject to the jurisdiction of this Board, or any race
track, | ||||||
17 | race meeting, racing association or the operations thereof | ||||||
18 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
19 | Board member shall
hold any other public office. No person | ||||||
20 | shall be a
member of the Board who is not of good moral | ||||||
21 | character or who has been
convicted of, or is under indictment | ||||||
22 | for, a felony under the laws of
Illinois or any other state, or | ||||||
23 | the United States.
| ||||||
24 | (5.5) No member of the Board shall engage in any political | ||||||
25 | activity. For the purposes of this Section, "political" means | ||||||
26 | any activity in support
of or in connection with any campaign |
| |||||||
| |||||||
1 | for federal, State, or local elective office or any political
| ||||||
2 | organization, but does not include activities (i) relating to | ||||||
3 | the support or
opposition of any executive, legislative, or | ||||||
4 | administrative action (as those
terms are defined in Section 2 | ||||||
5 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
6 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
7 | person's official
State duties or governmental and public | ||||||
8 | service functions.
| ||||||
9 | (6) Any member of the Board may be removed by the Governor | ||||||
10 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
11 | in office or for engaging in any political activity.
| ||||||
12 | (7) Before entering upon the discharge of the duties of his | ||||||
13 | office, each
member of the Board shall take an oath that he | ||||||
14 | will faithfully execute the
duties of his office according to | ||||||
15 | the laws of the State and the rules and
regulations adopted | ||||||
16 | therewith and shall give bond to the State of Illinois,
| ||||||
17 | approved by the Governor, in the sum of $25,000. Every such | ||||||
18 | bond, when
duly executed and approved, shall be recorded in the | ||||||
19 | office of the
Secretary of State. Whenever the Governor | ||||||
20 | determines that the bond of any
member of the Board has become | ||||||
21 | or is likely to become invalid or
insufficient, he shall | ||||||
22 | require such member forthwith to renew his bond,
which is to be | ||||||
23 | approved by the Governor. Any member of the Board who fails
to | ||||||
24 | take oath and give bond within 30 days from the date of his | ||||||
25 | appointment,
or who fails to renew his bond within 30 days | ||||||
26 | after it is demanded by the
Governor, shall be guilty of |
| |||||||
| |||||||
1 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
2 | any bond given by any member of the Board under this
Section | ||||||
3 | shall be taken to be a part of the necessary expenses of the | ||||||
4 | Board.
| ||||||
5 | (7.5) For the examination of all mechanical, | ||||||
6 | electromechanical, or electronic table games, slot machines, | ||||||
7 | slot accounting systems, and other electronic gaming equipment | ||||||
8 | for compliance with this Act, the Board may utilize the | ||||||
9 | services of one or more independent outside testing | ||||||
10 | laboratories that have been accredited by a national | ||||||
11 | accreditation body and that, in the judgment of the Board, are | ||||||
12 | qualified to perform such examinations. | ||||||
13 | (8) The Board shall employ such
personnel as may be | ||||||
14 | necessary to carry out its functions and shall determine the | ||||||
15 | salaries of all personnel, except those personnel whose | ||||||
16 | salaries are determined under the terms of a collective | ||||||
17 | bargaining agreement. No
person shall be employed to serve the | ||||||
18 | Board who is, or whose spouse, parent
or child is, an official | ||||||
19 | of, or has a financial interest in or financial
relation with, | ||||||
20 | any operator engaged in gambling operations within this
State | ||||||
21 | or any organization engaged in conducting horse racing within | ||||||
22 | this
State. Any employee violating these prohibitions shall be | ||||||
23 | subject to
termination of employment.
| ||||||
24 | (9) An Administrator shall perform any and all duties that | ||||||
25 | the Board
shall assign him. The salary of the Administrator | ||||||
26 | shall be determined by
the Board and, in addition,
he shall be |
| |||||||
| |||||||
1 | reimbursed for all actual and necessary expenses incurred by
| ||||||
2 | him in discharge of his official duties. The Administrator | ||||||
3 | shall keep
records of all proceedings of the Board and shall | ||||||
4 | preserve all records,
books, documents and other papers | ||||||
5 | belonging to the Board or entrusted to
its care. The | ||||||
6 | Administrator shall devote his full time to the duties of
the | ||||||
7 | office and shall not hold any other office or employment.
| ||||||
8 | (b) The Board shall have general responsibility for the | ||||||
9 | implementation
of this Act. Its duties include, without | ||||||
10 | limitation, the following:
| ||||||
11 | (1) To decide promptly and in reasonable order all | ||||||
12 | license applications.
Any party aggrieved by an action of | ||||||
13 | the Board denying, suspending,
revoking, restricting or | ||||||
14 | refusing to renew a license may request a hearing
before | ||||||
15 | the Board. A request for a hearing must be made to the | ||||||
16 | Board in
writing within 5 days after service of notice of | ||||||
17 | the action of the Board.
Notice of the action of the Board | ||||||
18 | shall be served either by personal
delivery or by certified | ||||||
19 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
20 | served by certified mail shall be deemed complete on the | ||||||
21 | business
day following the date of such mailing. The Board | ||||||
22 | shall conduct all
requested hearings promptly and in | ||||||
23 | reasonable order;
| ||||||
24 | (2) To conduct all hearings pertaining to civil | ||||||
25 | violations of this Act
or rules and regulations promulgated | ||||||
26 | hereunder;
|
| |||||||
| |||||||
1 | (3) To promulgate such rules and regulations as in its | ||||||
2 | judgment may be
necessary to protect or enhance the | ||||||
3 | credibility and integrity of gambling
operations | ||||||
4 | authorized by this Act and the regulatory process | ||||||
5 | hereunder;
| ||||||
6 | (4) To provide for the establishment and collection of | ||||||
7 | all license and
registration fees and taxes imposed by this | ||||||
8 | Act and the rules and
regulations issued pursuant hereto. | ||||||
9 | All such fees and taxes shall be
deposited into the State | ||||||
10 | Gaming Fund;
| ||||||
11 | (5) To provide for the levy and collection of penalties | ||||||
12 | and fines for the
violation of provisions of this Act and | ||||||
13 | the rules and regulations
promulgated hereunder. All such | ||||||
14 | fines and penalties shall be deposited
into the Education | ||||||
15 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
16 | State of Illinois;
| ||||||
17 | (6) To be present through its inspectors and agents any | ||||||
18 | time gambling
operations are conducted on any riverboat or | ||||||
19 | in any land-based gambling facility for the purpose of | ||||||
20 | certifying the
revenue thereof, receiving complaints from | ||||||
21 | the public, and conducting such
other investigations into | ||||||
22 | the conduct of the gambling games and the
maintenance of | ||||||
23 | the equipment as from time to time the Board may deem
| ||||||
24 | necessary and proper;
| ||||||
25 | (7) To review and rule upon any complaint by a licensee
| ||||||
26 | regarding any investigative procedures of the State which |
| |||||||
| |||||||
1 | are unnecessarily
disruptive of gambling operations. The | ||||||
2 | need to inspect and investigate
shall be presumed at all | ||||||
3 | times. The disruption of a licensee's operations
shall be | ||||||
4 | proved by clear and convincing evidence, and establish | ||||||
5 | that: (A)
the procedures had no reasonable law enforcement | ||||||
6 | purposes, and (B) the
procedures were so disruptive as to | ||||||
7 | unreasonably inhibit gambling operations;
| ||||||
8 | (8) To hold at least one meeting each quarter of the | ||||||
9 | fiscal
year. In addition, special meetings may be called by | ||||||
10 | the Chairman or any 2
Board members upon 72 hours written | ||||||
11 | notice to each member. All Board
meetings shall be subject | ||||||
12 | to the Open Meetings Act. Three members of the
Board shall | ||||||
13 | constitute a quorum, and 3 votes shall be required for any
| ||||||
14 | final determination by the Board. The Board shall keep a | ||||||
15 | complete and
accurate record of all its meetings. A | ||||||
16 | majority of the members of the Board
shall constitute a | ||||||
17 | quorum for the transaction of any business, for the
| ||||||
18 | performance of any duty, or for the exercise of any power | ||||||
19 | which this Act
requires the Board members to transact, | ||||||
20 | perform or exercise en banc, except
that, upon order of the | ||||||
21 | Board, one of the Board members or an
administrative law | ||||||
22 | judge designated by the Board may conduct any hearing
| ||||||
23 | provided for under this Act or by Board rule and may | ||||||
24 | recommend findings and
decisions to the Board. The Board | ||||||
25 | member or administrative law judge
conducting such hearing | ||||||
26 | shall have all powers and rights granted to the
Board in |
| |||||||
| |||||||
1 | this Act. The record made at the time of the hearing shall | ||||||
2 | be
reviewed by the Board, or a majority thereof, and the | ||||||
3 | findings and decision
of the majority of the Board shall | ||||||
4 | constitute the order of the Board in
such case;
| ||||||
5 | (9) To maintain records which are separate and distinct | ||||||
6 | from the records
of any other State board or commission. | ||||||
7 | Such records shall be available
for public inspection and | ||||||
8 | shall accurately reflect all Board proceedings;
| ||||||
9 | (10) To file a written annual report with the Governor | ||||||
10 | on or before
March 1 each year and such additional reports | ||||||
11 | as the Governor may request.
The annual report shall | ||||||
12 | include a statement of receipts and disbursements
by the | ||||||
13 | Board, actions taken by the Board, and any additional | ||||||
14 | information
and recommendations which the Board may deem | ||||||
15 | valuable or which the Governor
may request;
| ||||||
16 | (11) (Blank);
| ||||||
17 | (12) (Blank);
| ||||||
18 | (13) To assume responsibility for administration and | ||||||
19 | enforcement of the
Video Gaming Act; and | ||||||
20 | (14) To adopt, by rule, a code of conduct governing | ||||||
21 | Board members and employees that ensure, to the maximum | ||||||
22 | extent possible, that persons subject to this Code avoid | ||||||
23 | situations, relationships, or associations that may | ||||||
24 | represent or lead to a conflict of interest.
| ||||||
25 | (c) The Board shall have jurisdiction over and shall | ||||||
26 | supervise all
gambling operations governed by this Act. The |
| |||||||
| |||||||
1 | Board shall have all powers
necessary and proper to fully and | ||||||
2 | effectively execute the provisions of
this Act, including, but | ||||||
3 | not limited to, the following:
| ||||||
4 | (1) To investigate applicants and determine the | ||||||
5 | eligibility of
applicants for licenses and to select among | ||||||
6 | competing applicants the
applicants which best serve the | ||||||
7 | interests of the citizens of Illinois.
| ||||||
8 | (2) To have jurisdiction and supervision over all | ||||||
9 | riverboat and land-based gambling
operations in this State | ||||||
10 | and all persons on riverboats and in land-based gambling | ||||||
11 | facilities where gambling
operations are conducted.
| ||||||
12 | (3) To promulgate rules and regulations for the purpose | ||||||
13 | of administering
the provisions of this Act and to | ||||||
14 | prescribe rules, regulations and
conditions under which | ||||||
15 | all riverboat and land-based gambling in the State shall be
| ||||||
16 | conducted. Such rules and regulations are to provide for | ||||||
17 | the prevention of
practices detrimental to the public | ||||||
18 | interest and for the best interests of
riverboat and | ||||||
19 | land-based gambling, including rules and regulations | ||||||
20 | regarding the
inspection of such riverboats and land-based | ||||||
21 | gambling facilities and the review of any permits or | ||||||
22 | licenses
necessary to operate a riverboat or land-based | ||||||
23 | gambling facility under any applicable laws or regulations | ||||||
24 | applicable
to riverboats , and to impose penalties for | ||||||
25 | violations thereof.
| ||||||
26 | (4) To enter the office, riverboats and related |
| |||||||
| |||||||
1 | facilities , facilities, land-based gambling facilities, or | ||||||
2 | other
places of business of a licensee, where evidence of | ||||||
3 | the compliance or
noncompliance with the provisions of this | ||||||
4 | Act is likely to be found.
| ||||||
5 | (5) To investigate alleged violations of this Act or | ||||||
6 | the
rules of the Board and to take appropriate disciplinary
| ||||||
7 | action against a licensee or a holder of an occupational | ||||||
8 | license for a
violation, or institute appropriate legal | ||||||
9 | action for enforcement, or both.
| ||||||
10 | (6) To adopt standards for the licensing of all persons | ||||||
11 | under this Act,
as well as for electronic or mechanical | ||||||
12 | gambling games, and to establish
fees for such licenses.
| ||||||
13 | (7) To adopt appropriate standards for all riverboats | ||||||
14 | and related facilities, and land-based gambling facilities | ||||||
15 | and facilities .
| ||||||
16 | (8) To require that the records, including financial or | ||||||
17 | other statements
of any licensee under this Act, shall be | ||||||
18 | kept in such manner as prescribed
by the Board and that any | ||||||
19 | such licensee involved in the ownership or
management of | ||||||
20 | gambling operations submit to the Board an annual balance
| ||||||
21 | sheet and profit and loss statement, list of the | ||||||
22 | stockholders or other
persons having a 1% or greater | ||||||
23 | beneficial interest in the gambling
activities of each | ||||||
24 | licensee, and any other information the Board deems
| ||||||
25 | necessary in order to effectively administer this Act and | ||||||
26 | all rules,
regulations, orders and final decisions |
| |||||||
| |||||||
1 | promulgated under this Act.
| ||||||
2 | (9) To conduct hearings, issue subpoenas for the | ||||||
3 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
4 | production of books, records
and other pertinent documents | ||||||
5 | in accordance with the Illinois
Administrative Procedure | ||||||
6 | Act, and to administer oaths and affirmations to
the | ||||||
7 | witnesses, when, in the judgment of the Board, it is | ||||||
8 | necessary to
administer or enforce this Act or the Board | ||||||
9 | rules.
| ||||||
10 | (10) To prescribe a form to be used by any licensee | ||||||
11 | involved in the
ownership or management of gambling | ||||||
12 | operations as an
application for employment for their | ||||||
13 | employees.
| ||||||
14 | (11) To revoke or suspend licenses, as the Board may | ||||||
15 | see fit and in
compliance with applicable laws of the State | ||||||
16 | regarding administrative
procedures, and to review | ||||||
17 | applications for the renewal of licenses. The
Board may | ||||||
18 | suspend an owners license, without notice or hearing upon a
| ||||||
19 | determination that the safety or health of patrons or | ||||||
20 | employees is
jeopardized by continuing the operation of a | ||||||
21 | riverboat or land-based gambling facility a riverboat's | ||||||
22 | operation . The suspension may
remain in effect until the | ||||||
23 | Board determines that the cause for suspension
has been | ||||||
24 | abated. The Board may revoke the owners license upon a
| ||||||
25 | determination that the owner has not made satisfactory | ||||||
26 | progress toward
abating the hazard.
|
| |||||||
| |||||||
1 | (12) To eject or exclude or authorize the ejection or | ||||||
2 | exclusion of, any
person from riverboat gambling | ||||||
3 | facilities or land-based gambling facilities where such | ||||||
4 | person is in violation
of this Act, rules and regulations | ||||||
5 | thereunder, or final orders of the
Board, or where such | ||||||
6 | person's conduct or reputation is such that his
presence | ||||||
7 | within the riverboat or land-based gambling facility | ||||||
8 | facilities may, in the opinion of
the Board, call into | ||||||
9 | question the honesty and integrity of the gambling
| ||||||
10 | operations or interfere with orderly conduct thereof; | ||||||
11 | provided that the
propriety of such ejection or exclusion | ||||||
12 | is subject to subsequent hearing
by the Board.
| ||||||
13 | (13) To require all licensees of gambling operations to | ||||||
14 | utilize a
cashless wagering system whereby all players' | ||||||
15 | money is converted to tokens,
electronic cards, or chips | ||||||
16 | which shall be used only for wagering in the
gambling | ||||||
17 | establishment.
| ||||||
18 | (14) (Blank).
| ||||||
19 | (15) To suspend, revoke or restrict licenses, to | ||||||
20 | require the
removal of a licensee or an employee of a | ||||||
21 | licensee for a violation of this
Act or a Board rule or for | ||||||
22 | engaging in a fraudulent practice, and to
impose civil | ||||||
23 | penalties of up to $5,000 against individuals and up to
| ||||||
24 | $10,000 or an amount equal to the daily gross receipts, | ||||||
25 | whichever is
larger, against licensees for each violation | ||||||
26 | of any provision of the Act,
any rules adopted by the |
| |||||||
| |||||||
1 | Board, any order of the Board or any other action
which, in | ||||||
2 | the Board's discretion, is a detriment or impediment to | ||||||
3 | riverboat and land-based
gambling operations.
| ||||||
4 | (16) To hire employees to gather information, conduct | ||||||
5 | investigations
and carry out any other tasks contemplated | ||||||
6 | under this Act.
| ||||||
7 | (17) To establish minimum levels of insurance to be | ||||||
8 | maintained by
licensees.
| ||||||
9 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
10 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
11 | of 1934 on board a riverboat or inside a land-based | ||||||
12 | gambling facility
and to have exclusive authority to | ||||||
13 | establish the hours for sale and
consumption of alcoholic | ||||||
14 | liquor on board a riverboat or inside a land-based gambling | ||||||
15 | facility , notwithstanding any
provision of the Liquor | ||||||
16 | Control Act of 1934 or any local ordinance, and
regardless | ||||||
17 | of whether the riverboat makes excursions. The
| ||||||
18 | establishment of the hours for sale and consumption of | ||||||
19 | alcoholic liquor on
board a riverboat or inside a | ||||||
20 | land-based gambling facility is an exclusive power and | ||||||
21 | function of the State. A home
rule unit may not establish | ||||||
22 | the hours for sale and consumption of alcoholic
liquor on | ||||||
23 | board a riverboat or inside a land-based gambling facility . | ||||||
24 | This item (18) amendatory Act of 1991 is a denial and
| ||||||
25 | limitation of home rule powers and functions under | ||||||
26 | subsection (h) of
Section 6 of Article VII of the Illinois |
| |||||||
| |||||||
1 | Constitution.
| ||||||
2 | (19) After consultation with the U.S. Army Corps of | ||||||
3 | Engineers, to
establish binding emergency orders upon the | ||||||
4 | concurrence of a majority of
the members of the Board | ||||||
5 | regarding the navigability of water, relative to
| ||||||
6 | excursions,
in the event
of extreme weather conditions, | ||||||
7 | acts of God or other extreme circumstances.
| ||||||
8 | (20) To delegate the execution of any of its powers | ||||||
9 | under this Act for
the purpose of administering and | ||||||
10 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
11 | (20.5) To approve any contract entered into on its | ||||||
12 | behalf.
| ||||||
13 | (20.6) To appoint investigators to conduct | ||||||
14 | investigations, searches, seizures, arrests, and other | ||||||
15 | duties imposed under this Act, as deemed necessary by the | ||||||
16 | Board. These investigators have and may exercise all of the | ||||||
17 | rights and powers of peace officers, provided that these | ||||||
18 | powers shall be limited to offenses or violations occurring | ||||||
19 | or committed on a riverboat or dock, or at a land-based | ||||||
20 | gambling facility as defined in subsections (d) , (d-1), and | ||||||
21 | (f) of Section 4, or as otherwise provided by this Act or | ||||||
22 | any other law. | ||||||
23 | (20.7) To contract with the Department of State Police | ||||||
24 | for the use of trained and qualified State police officers | ||||||
25 | and with the Department of Revenue for the use of trained | ||||||
26 | and qualified Department of Revenue investigators to |
| |||||||
| |||||||
1 | conduct investigations, searches, seizures, arrests, and | ||||||
2 | other duties imposed under this Act and to exercise all of | ||||||
3 | the rights and powers of peace officers, provided that the | ||||||
4 | powers of Department of Revenue investigators under this | ||||||
5 | subdivision (20.7) shall be limited to offenses or | ||||||
6 | violations occurring or committed on a riverboat or dock, | ||||||
7 | or at a land-based gambling facility as defined in | ||||||
8 | subsections (d) , (d-1), and (f) of Section 4, or as | ||||||
9 | otherwise provided by this Act or any other law. In the | ||||||
10 | event the Department of State Police or the Department of | ||||||
11 | Revenue is unable to fill contracted police or | ||||||
12 | investigative positions, the Board may appoint | ||||||
13 | investigators to fill those positions pursuant to | ||||||
14 | subdivision (20.6).
| ||||||
15 | (21) To take any other action as may be reasonable or | ||||||
16 | appropriate to
enforce this Act and rules and regulations | ||||||
17 | hereunder.
| ||||||
18 | (d) The Board may seek and shall receive the cooperation of | ||||||
19 | the
Department of State Police in conducting background | ||||||
20 | investigations of
applicants and in fulfilling its | ||||||
21 | responsibilities under
this Section. Costs incurred by the | ||||||
22 | Department of State Police as
a result of such cooperation | ||||||
23 | shall be paid by the Board in conformance
with the requirements | ||||||
24 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
25 | ILCS 2605/2605-400).
| ||||||
26 | (e) The Board must authorize to each investigator and to |
| |||||||
| |||||||
1 | any other
employee of the Board exercising the powers of a | ||||||
2 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
3 | states that the badge is authorized by the Board
and
(ii) | ||||||
4 | contains a unique identifying number. No other badge shall be | ||||||
5 | authorized
by the Board.
| ||||||
6 | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
| ||||||
7 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
8 | Sec. 5.1. Disclosure of records.
| ||||||
9 | (a) Notwithstanding any applicable statutory provision to | ||||||
10 | the contrary,
the Board shall, on written request from any | ||||||
11 | person, provide
information furnished by an applicant or | ||||||
12 | licensee concerning the applicant
or licensee, his products, | ||||||
13 | services or gambling enterprises and his
business holdings, as | ||||||
14 | follows:
| ||||||
15 | (1) The name, business address and business telephone | ||||||
16 | number of any
applicant or licensee.
| ||||||
17 | (2) An identification of any applicant or licensee | ||||||
18 | including, if an
applicant or licensee is not an | ||||||
19 | individual, the state of incorporation or
registration, | ||||||
20 | the corporate officers, and the identity of all | ||||||
21 | shareholders
or participants. If an applicant or licensee | ||||||
22 | has a pending registration
statement filed with the | ||||||
23 | Securities and Exchange Commission, only the names
of those | ||||||
24 | persons or entities holding interest of 5% or more must be | ||||||
25 | provided.
|
| |||||||
| |||||||
1 | (3) An identification of any business, including, if | ||||||
2 | applicable, the
state of incorporation or registration, in | ||||||
3 | which an applicant or licensee
or an applicant's or | ||||||
4 | licensee's spouse or children has an equity interest
of | ||||||
5 | more than 1%. If an applicant or licensee is a corporation, | ||||||
6 | partnership
or other business entity, the applicant or | ||||||
7 | licensee shall identify any
other corporation, partnership | ||||||
8 | or business entity in which it has an equity
interest of 1%
| ||||||
9 | or more, including, if applicable, the state of
| ||||||
10 | incorporation or registration. This information need not | ||||||
11 | be provided by a
corporation, partnership or other business | ||||||
12 | entity that has a pending
registration statement filed with | ||||||
13 | the Securities and Exchange Commission.
| ||||||
14 | (4) Whether an applicant or licensee has been indicted, | ||||||
15 | convicted,
pleaded guilty or nolo contendere, or forfeited | ||||||
16 | bail concerning any
criminal offense under the laws of any | ||||||
17 | jurisdiction, either felony or
misdemeanor (except for | ||||||
18 | traffic violations), including the date, the name
and | ||||||
19 | location of the court, arresting agency and prosecuting | ||||||
20 | agency, the
case number, the offense, the disposition and | ||||||
21 | the location and length of
incarceration.
| ||||||
22 | (5) Whether an applicant or licensee has had any | ||||||
23 | license or
certificate issued by a licensing authority in | ||||||
24 | Illinois or any other
jurisdiction denied, restricted, | ||||||
25 | suspended, revoked or not renewed and a
statement | ||||||
26 | describing the facts and circumstances concerning the |
| |||||||
| |||||||
1 | denial,
restriction, suspension, revocation or | ||||||
2 | non-renewal, including the licensing
authority, the date | ||||||
3 | each such action was taken, and the reason for each
such | ||||||
4 | action.
| ||||||
5 | (6) Whether an applicant or licensee has ever filed or | ||||||
6 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
7 | been involved in any formal
process to adjust, defer, | ||||||
8 | suspend or otherwise work out the payment of any
debt | ||||||
9 | including the date of filing, the name and location of the | ||||||
10 | court, the
case and number of the disposition.
| ||||||
11 | (7) Whether an applicant or licensee has filed, or been | ||||||
12 | served with a
complaint or other notice filed with any | ||||||
13 | public body, regarding the
delinquency in the payment of, | ||||||
14 | or a dispute over the filings concerning the
payment of, | ||||||
15 | any tax required under federal, State or local law, | ||||||
16 | including
the amount, type of tax, the taxing agency and | ||||||
17 | time periods involved.
| ||||||
18 | (8) A statement listing the names and titles of all | ||||||
19 | public officials
or officers of any unit of government, and | ||||||
20 | relatives of said
public officials or officers who, | ||||||
21 | directly or indirectly, own
any financial interest in, have | ||||||
22 | any beneficial interest in, are the
creditors of or hold | ||||||
23 | any debt instrument issued by, or hold or have any
interest | ||||||
24 | in any contractual or service relationship with, an | ||||||
25 | applicant
or licensee.
| ||||||
26 | (9) Whether an applicant or licensee has made, directly |
| |||||||
| |||||||
1 | or indirectly,
any political contribution, or any loans, | ||||||
2 | donations or other payments, to
any candidate or office | ||||||
3 | holder, within 5 years from the date of filing the
| ||||||
4 | application, including the amount and the method of | ||||||
5 | payment.
| ||||||
6 | (10) The name and business telephone number of the | ||||||
7 | counsel
representing an applicant or licensee in matters | ||||||
8 | before the Board.
| ||||||
9 | (11) A description of any proposed or approved | ||||||
10 | riverboat
gaming or land-based gambling operation, | ||||||
11 | including the type of boat, home dock or land-based | ||||||
12 | location, expected
economic benefit to the community, | ||||||
13 | anticipated or actual number of
employees, any statement | ||||||
14 | from an applicant or licensee regarding compliance
with | ||||||
15 | federal and State affirmative action guidelines, projected | ||||||
16 | or actual
admissions and projected or actual adjusted gross | ||||||
17 | gaming receipts.
| ||||||
18 | (12) A description of the product or service to be | ||||||
19 | supplied by an
applicant for a supplier's license.
| ||||||
20 | (b) Notwithstanding any applicable statutory provision to | ||||||
21 | the contrary,
the Board shall, on written request from any | ||||||
22 | person, also provide
the following information:
| ||||||
23 | (1) The amount of the wagering tax and admission tax | ||||||
24 | paid daily to the
State of Illinois by the holder of an | ||||||
25 | owner's license.
| ||||||
26 | (2) Whenever the Board finds an applicant for an |
| |||||||
| |||||||
1 | owner's license
unsuitable for licensing, a copy of the | ||||||
2 | written letter outlining the
reasons for the denial.
| ||||||
3 | (3) Whenever the Board has refused to grant leave for | ||||||
4 | an applicant to
withdraw his application, a copy of the | ||||||
5 | letter outlining the reasons for
the refusal.
| ||||||
6 | (c) Subject to the above provisions, the Board shall not | ||||||
7 | disclose any
information which would be barred by:
| ||||||
8 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
9 | (2) The statutes, rules, regulations or | ||||||
10 | intergovernmental agreements
of any jurisdiction.
| ||||||
11 | (d) The Board may assess fees for the copying of | ||||||
12 | information in
accordance with Section 6 of the Freedom of | ||||||
13 | Information Act.
| ||||||
14 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
15 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
16 | Sec. 6. Application for Owners License.
| ||||||
17 | (a) A qualified person may
apply to the Board for an owners | ||||||
18 | license to
conduct a riverboat or land-based gambling operation | ||||||
19 | as provided in this Act. The
application shall be made on forms | ||||||
20 | provided by the Board and shall contain
such information as the | ||||||
21 | Board prescribes, including but not limited to the
identity and | ||||||
22 | exact location of the riverboat or land-based gambling facility | ||||||
23 | where on which such gambling operation is to be
conducted and | ||||||
24 | the exact location where such riverboat will be docked , a
| ||||||
25 | certification that the riverboat or land-based gambling |
| |||||||
| |||||||
1 | facility will be registered under this Act at all
times during | ||||||
2 | which gambling operations are conducted on board , detailed
| ||||||
3 | information regarding the ownership and management of the | ||||||
4 | applicant, and
detailed personal information regarding the | ||||||
5 | applicant. Any application for an
owners license to be | ||||||
6 | re-issued on or after June 1, 2003 shall also
include the | ||||||
7 | applicant's license bid in a form prescribed by the Board.
| ||||||
8 | Information
provided on the application shall be used as a | ||||||
9 | basis for a thorough
background investigation which the Board | ||||||
10 | shall conduct with respect to each
applicant. An incomplete | ||||||
11 | application shall be cause for denial of a license
by the | ||||||
12 | Board.
| ||||||
13 | (b) Applicants shall submit with their application all | ||||||
14 | documents,
resolutions, and letters of support from the | ||||||
15 | governing body that represents
the municipality or county | ||||||
16 | wherein the licensee will dock or be located .
| ||||||
17 | (c) Each applicant shall disclose the identity of every | ||||||
18 | person,
association, trust or corporation having a greater than | ||||||
19 | 1% direct or
indirect pecuniary interest in the riverboat or | ||||||
20 | land-based gambling operation with
respect to which the license | ||||||
21 | is sought. If the disclosed entity is a
trust, the application | ||||||
22 | shall disclose the names and addresses of the
beneficiaries; if | ||||||
23 | a corporation, the names and
addresses of all stockholders and | ||||||
24 | directors; if a partnership, the names
and addresses of all | ||||||
25 | partners, both general and limited.
| ||||||
26 | (d) An application shall be filed and considered in |
| |||||||
| |||||||
1 | accordance with the rules of the Board. An
application fee of | ||||||
2 | $50,000 shall be paid at the time of filing
to defray the costs | ||||||
3 | associated with the
background investigation conducted by the | ||||||
4 | Board. If the costs of the
investigation exceed $50,000, the | ||||||
5 | applicant shall pay the additional amount
to the Board. If the | ||||||
6 | costs of the investigation are less than $50,000, the
applicant | ||||||
7 | shall receive a refund of the remaining amount. All
| ||||||
8 | information, records, interviews, reports, statements, | ||||||
9 | memoranda or other
data supplied to or used by the Board in the | ||||||
10 | course of its review or
investigation of an application for a | ||||||
11 | license or a renewal under this Act shall be
privileged, | ||||||
12 | strictly confidential and shall be used only for the purpose of
| ||||||
13 | evaluating an applicant for a license or a renewal. Such | ||||||
14 | information, records, interviews, reports,
statements, | ||||||
15 | memoranda or other data shall not be admissible as evidence,
| ||||||
16 | nor discoverable in any action of any kind in any court or | ||||||
17 | before any
tribunal, board, agency or person, except for any | ||||||
18 | action deemed necessary
by the Board.
| ||||||
19 | (e) The Board shall charge each applicant a fee set by the | ||||||
20 | Department of
State Police to defray the costs associated with | ||||||
21 | the search and
classification of fingerprints obtained by the | ||||||
22 | Board with respect to the
applicant's application. These fees | ||||||
23 | shall be paid into the State Police
Services Fund.
| ||||||
24 | (f) The licensed owner shall be the person primarily | ||||||
25 | responsible for the
boat or land-based gambling facility | ||||||
26 | itself. Only one riverboat or land-based gambling operation may |
| |||||||
| |||||||
1 | be authorized
by the Board in any riverboat or land-based | ||||||
2 | gambling facility on any riverboat . The applicant must identify | ||||||
3 | each riverboat or land-based gambling facility
it intends to | ||||||
4 | use and certify that the riverboat or land-based gambling | ||||||
5 | facility : (1) has the authorized
capacity required in this Act; | ||||||
6 | (2) is accessible to disabled persons; and
(3) is fully | ||||||
7 | registered and licensed in accordance
with any applicable laws.
| ||||||
8 | (g) A person who knowingly makes a false statement on an | ||||||
9 | application is
guilty of a Class A misdemeanor.
| ||||||
10 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
11 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
12 | Sec. 7. Owners Licenses.
| ||||||
13 | (a) The Board shall issue owners licenses to persons, firms | ||||||
14 | or
corporations which apply for such licenses upon payment to | ||||||
15 | the Board of the
non-refundable license fee set by the Board, | ||||||
16 | upon payment of a $25,000
license fee for the first year of | ||||||
17 | operation and a $5,000 license fee for
each succeeding year and | ||||||
18 | upon a determination by the Board that the
applicant is | ||||||
19 | eligible for an owners license pursuant to this Act and the
| ||||||
20 | rules of the Board. From the effective date of this amendatory | ||||||
21 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
22 | effective date of this amendatory Act of the 95th General | ||||||
23 | Assembly, (ii) the date any organization licensee begins to | ||||||
24 | operate a slot machine or video game of chance under the | ||||||
25 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date |
| |||||||
| |||||||
1 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
2 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
3 | Act is increased by law to reflect a tax rate that is at least | ||||||
4 | as stringent or more stringent than the tax rate contained in | ||||||
5 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
6 | condition of licensure and as an alternative source of payment | ||||||
7 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
8 | this Act the Riverboat Gambling Act , any owners licensee that | ||||||
9 | holds or receives its owners license on or after the effective | ||||||
10 | date of this amendatory Act of the 94th General Assembly, other | ||||||
11 | than an owners licensee operating a riverboat with adjusted | ||||||
12 | gross receipts in calendar year 2004 of less than $200,000,000, | ||||||
13 | must pay into the Horse Racing Equity Trust Fund, in addition | ||||||
14 | to any other payments required under this Act, an amount equal | ||||||
15 | to 3% of the adjusted gross receipts received by the owners | ||||||
16 | licensee. The payments required under this Section shall be | ||||||
17 | made by the owners licensee to the State Treasurer no later | ||||||
18 | than 3:00 o'clock p.m. of the day after the day when the | ||||||
19 | adjusted gross receipts were received by the owners licensee. A | ||||||
20 | person, firm or corporation is ineligible to receive
an owners | ||||||
21 | license if:
| ||||||
22 | (1) the person has been convicted of a felony under the | ||||||
23 | laws of this
State, any other state, or the United States;
| ||||||
24 | (2) the person has been convicted of any violation of | ||||||
25 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012, or substantially similar laws of any other |
| |||||||
| |||||||
1 | jurisdiction;
| ||||||
2 | (3) the person has submitted an application for a | ||||||
3 | license under this
Act which contains false information;
| ||||||
4 | (4) the person is
a member of the Board;
| ||||||
5 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
6 | officer, director or
managerial employee of the firm or | ||||||
7 | corporation;
| ||||||
8 | (6) the firm or corporation employs a person defined in | ||||||
9 | (1), (2), (3) or
(4) who participates in the management or | ||||||
10 | operation of gambling operations
authorized under this | ||||||
11 | Act;
| ||||||
12 | (7) (blank); or
| ||||||
13 | (8) a license of the person, firm or corporation issued | ||||||
14 | under
this Act, or a license to own or operate gambling | ||||||
15 | facilities
in any other jurisdiction, has been revoked.
| ||||||
16 | The Board is expressly prohibited from making changes to | ||||||
17 | the requirement that licensees make payment into the Horse | ||||||
18 | Racing Equity Trust Fund without the express authority of the | ||||||
19 | Illinois General Assembly and making any other rule to | ||||||
20 | implement or interpret this amendatory Act of the 95th General | ||||||
21 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
22 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
23 | Administrative Procedure Act. | ||||||
24 | (b) In determining whether to grant an owners license to an | ||||||
25 | applicant, the
Board shall consider:
| ||||||
26 | (1) the character, reputation, experience and |
| |||||||
| |||||||
1 | financial integrity of the
applicants and of any other or | ||||||
2 | separate person that either:
| ||||||
3 | (A) controls, directly or indirectly, such | ||||||
4 | applicant, or
| ||||||
5 | (B) is controlled, directly or indirectly, by such | ||||||
6 | applicant or by a
person which controls, directly or | ||||||
7 | indirectly, such applicant;
| ||||||
8 | (2) the facilities or proposed facilities for the | ||||||
9 | conduct of riverboat or land-based
gambling;
| ||||||
10 | (3) the highest prospective total revenue to be derived | ||||||
11 | by the State
from the conduct of riverboat or land-based | ||||||
12 | gambling;
| ||||||
13 | (4) the extent to which the ownership of the applicant | ||||||
14 | reflects the
diversity of the State by including minority | ||||||
15 | persons, females, and persons with a disability
and the | ||||||
16 | good faith affirmative action plan of
each applicant to | ||||||
17 | recruit, train and upgrade minority persons, females, and | ||||||
18 | persons with a disability in all employment | ||||||
19 | classifications;
| ||||||
20 | (5) the financial ability of the applicant to purchase | ||||||
21 | and maintain
adequate liability and casualty insurance;
| ||||||
22 | (6) whether the applicant has adequate capitalization | ||||||
23 | to provide and
maintain, for the duration of a license, a | ||||||
24 | riverboat or land-based gambling operation ;
| ||||||
25 | (7) the extent to which the applicant exceeds or meets | ||||||
26 | other standards
for the issuance of an owners license which |
| |||||||
| |||||||
1 | the Board may adopt by rule;
and
| ||||||
2 | (8) The amount of the applicant's license bid.
| ||||||
3 | (c) Each owners license shall specify the place where | ||||||
4 | riverboats shall
operate and dock or where a land-based | ||||||
5 | gambling facility shall be located .
| ||||||
6 | (d) Each applicant shall submit with his application, on | ||||||
7 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
8 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
9 | holders of such
licenses to own riverboats or land-based | ||||||
10 | gambling operations . In the application for an owners license, | ||||||
11 | the
applicant shall state the dock at which the riverboat is | ||||||
12 | based and the water
on which the riverboat will be located or | ||||||
13 | the proposed location of the land-based gambling facility . The | ||||||
14 | Board shall issue 5 licenses to
become effective not earlier | ||||||
15 | than January 1, 1991. Three of such licenses
shall authorize | ||||||
16 | riverboat gambling on the Mississippi River or land-based | ||||||
17 | gambling in a municipality that borders on the Mississippi | ||||||
18 | River or is within 5 miles of the city limits of a municipality | ||||||
19 | that borders on the Mississippi River , or, with approval
by the | ||||||
20 | municipality in which the
riverboat was docked on August 7, | ||||||
21 | 2003 and with Board approval, be authorized to relocate to a | ||||||
22 | new location,
in a
municipality that (1) borders on the | ||||||
23 | Mississippi River or is within 5
miles of the city limits of a | ||||||
24 | municipality that borders on the Mississippi
River and (2), on | ||||||
25 | August 7, 2003, had a riverboat conducting riverboat gambling | ||||||
26 | operations pursuant to
a license issued under this Act; one of |
| |||||||
| |||||||
1 | which shall authorize riverboat or land-based
gambling from a | ||||||
2 | home dock or land-based gambling facility in the city of East | ||||||
3 | St. Louis. One other license
shall
authorize riverboat gambling | ||||||
4 | on
the Illinois River south of Marshall County or land-based | ||||||
5 | gambling in a municipality adjacent to the Illinois River south | ||||||
6 | of Marshall County . The Board shall issue one
additional | ||||||
7 | license to become effective not earlier than March 1, 1992, | ||||||
8 | which
shall authorize riverboat gambling on the Des Plaines | ||||||
9 | River in Will County or land-based gambling in a municipality | ||||||
10 | adjacent to the Des Plains River in Will County .
The Board may | ||||||
11 | issue 4 additional licenses to become effective not
earlier | ||||||
12 | than
March 1, 1992. In determining the water upon which | ||||||
13 | riverboats will operate or the locations where land-based | ||||||
14 | gambling facilities will be located ,
the Board shall consider | ||||||
15 | the economic benefit which riverboat or land-based gambling | ||||||
16 | confers
on the State, and shall seek to assure that all regions | ||||||
17 | of the State share
in the economic benefits of riverboat and | ||||||
18 | land-based gambling.
| ||||||
19 | In granting all licenses, the Board may give favorable | ||||||
20 | consideration to
economically depressed areas of the State, to | ||||||
21 | applicants presenting plans
which provide for significant | ||||||
22 | economic development over a large geographic
area, and to | ||||||
23 | applicants who currently operate non-gambling riverboats in
| ||||||
24 | Illinois.
The Board shall review all applications for owners | ||||||
25 | licenses,
and shall inform each applicant of the Board's | ||||||
26 | decision.
The Board may grant an owners license to an
applicant |
| |||||||
| |||||||
1 | that has not submitted the highest license bid, but if it does | ||||||
2 | not
select the highest bidder, the Board shall issue a written | ||||||
3 | decision explaining
why another
applicant was selected and | ||||||
4 | identifying the factors set forth in this Section
that favored | ||||||
5 | the winning bidder.
| ||||||
6 | In addition to any other revocation powers granted to the | ||||||
7 | Board under this
Act,
the Board may revoke the owners license | ||||||
8 | of a licensee which fails
to begin conducting gambling within | ||||||
9 | 15 months
of receipt of the
Board's approval of the application | ||||||
10 | if the Board determines that license
revocation is in the best | ||||||
11 | interests of the State.
| ||||||
12 | (f) The first 10 owners licenses issued under this Act | ||||||
13 | shall permit the
holder to own up to 2 riverboats or land-based | ||||||
14 | gambling facilities and equipment thereon
for a period of 3 | ||||||
15 | years after the effective date of the license. Holders of
the | ||||||
16 | first 10 owners licenses must pay the annual license fee for | ||||||
17 | each of
the 3
years during which they are authorized to own | ||||||
18 | riverboats.
| ||||||
19 | (g) Upon the termination, expiration, or revocation of each | ||||||
20 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
21 | period, all licenses are
renewable annually upon payment of the | ||||||
22 | fee and a determination by the Board
that the licensee | ||||||
23 | continues to meet all of the requirements of this Act and the
| ||||||
24 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
25 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
26 | Board sets a shorter period.
|
| |||||||
| |||||||
1 | (h) An owners license shall entitle the licensee to own up | ||||||
2 | to 2 gambling operations
riverboats . A licensee shall limit the | ||||||
3 | number of gambling participants to
1,200 for any such owners | ||||||
4 | license.
A licensee may operate both of its gambling operations | ||||||
5 | riverboats concurrently, provided that the
total number of | ||||||
6 | gambling participants for both gambling operations on both | ||||||
7 | riverboats does not exceed
1,200. Riverboats licensed to | ||||||
8 | operate on the
Mississippi River and the Illinois River south | ||||||
9 | of Marshall County shall
have an authorized capacity of at | ||||||
10 | least 500 persons. Any other riverboat
licensed under this Act | ||||||
11 | shall have an authorized capacity of at least 400
persons.
| ||||||
12 | (i) A licensed owner is authorized to apply to the Board | ||||||
13 | for and, if
approved therefor, to receive all licenses from the | ||||||
14 | Board necessary for the
operation of a riverboat or land-based | ||||||
15 | gambling facility , including a liquor license, a license
to | ||||||
16 | prepare and serve food for human consumption, and other | ||||||
17 | necessary
licenses. All use, occupation and excise taxes which | ||||||
18 | apply to the sale of
food and beverages in this State and all | ||||||
19 | taxes imposed on the sale or use
of tangible personal property | ||||||
20 | apply to such sales aboard the riverboat or within the | ||||||
21 | land-based gambling facility .
| ||||||
22 | (j) The Board may issue or re-issue a license authorizing a | ||||||
23 | riverboat to
dock
in a municipality , authorizing a land-based | ||||||
24 | gambling facility to be located in a municipality, or approve a | ||||||
25 | relocation under Section 11.2 only if, prior
to the issuance or | ||||||
26 | re-issuance of
the license or approval, the governing body of |
| |||||||
| |||||||
1 | the municipality in which
the riverboat will dock or the | ||||||
2 | land-based gambling facility will be located has by a majority | ||||||
3 | vote approved the docking of
riverboats or the placement of | ||||||
4 | land-based gambling facilities in the municipality. The Board | ||||||
5 | may issue or re-issue a license
authorizing a
riverboat to dock | ||||||
6 | or authorizing a land-based gambling facility to be located in | ||||||
7 | areas of a county outside any municipality or approve a
| ||||||
8 | relocation under Section 11.2 only if, prior to the issuance or | ||||||
9 | re-issuance
of the license
or approval, the
governing body of | ||||||
10 | the county has by a majority vote approved of the docking of
| ||||||
11 | riverboats or the placement of land-based gambling facilities | ||||||
12 | within such areas. | ||||||
13 | (k) The Board may authorize a licensed owner to transfer | ||||||
14 | its gambling operation from a riverboat to a land-based | ||||||
15 | gambling facility or from a land-based gambling facility to a | ||||||
16 | riverboat in compliance with this Act and subject to Board | ||||||
17 | directives and supervision.
| ||||||
18 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
19 | (230 ILCS 10/7.1)
| ||||||
20 | Sec. 7.1. Re-issuance of revoked or non-renewed owners | ||||||
21 | licenses.
| ||||||
22 | (a) If an owners license terminates or expires without | ||||||
23 | renewal or the Board
revokes or determines not to renew an | ||||||
24 | owners license (including, without
limitation, an owners | ||||||
25 | license for a licensee that was not conducting riverboat
|
| |||||||
| |||||||
1 | gambling operations on January 1, 1998)
and that revocation or | ||||||
2 | determination is final, the Board may re-issue such
license to
| ||||||
3 | a qualified applicant pursuant to an open and competitive | ||||||
4 | bidding process, as
set forth in Section 7.5, and subject to | ||||||
5 | the maximum number of authorized
licenses set forth in Section
| ||||||
6 | 7(e).
| ||||||
7 | (b) To be a qualified applicant, a person, firm, or | ||||||
8 | corporation cannot be
ineligible to receive an owners license | ||||||
9 | under Section 7(a) and must submit an
application for an owners | ||||||
10 | license that complies with Section 6. Each such
applicant must | ||||||
11 | also submit evidence to the Board that minority persons and
| ||||||
12 | females hold ownership interests in the applicant of at least | ||||||
13 | 16% and 4%
respectively.
| ||||||
14 | (c) Notwithstanding anything to the contrary in Section | ||||||
15 | 7(e), an applicant
may apply to the Board for approval of | ||||||
16 | relocation of a re-issued license to a
new home dock or | ||||||
17 | land-based location authorized under Section 3(c) upon receipt | ||||||
18 | of the
approval from the municipality or county, as the case | ||||||
19 | may be, pursuant to
Section 7(j).
| ||||||
20 | (d) In determining whether to grant a re-issued owners | ||||||
21 | license to an
applicant, the
Board shall consider all of the | ||||||
22 | factors set forth in Sections 7(b) and (e) as
well as the | ||||||
23 | amount of the applicant's license bid. The Board may
grant the | ||||||
24 | re-issued owners license to an applicant that has not submitted | ||||||
25 | the
highest license bid, but if it does not select the highest | ||||||
26 | bidder,
the Board shall issue a written decision explaining why |
| |||||||
| |||||||
1 | another applicant was
selected and identifying the factors set | ||||||
2 | forth in Sections 7(b) and (e) that
favored the winning bidder.
| ||||||
3 | (e) Re-issued owners licenses shall be subject to annual | ||||||
4 | license fees as
provided for in Section 7(a) and shall be | ||||||
5 | governed by the provisions of
Sections 7(f), (g), (h), and (i).
| ||||||
6 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
7 | (230 ILCS 10/7.3)
| ||||||
8 | Sec. 7.3. State conduct of gambling operations.
| ||||||
9 | (a) If, after reviewing each application for a re-issued | ||||||
10 | license, the
Board determines that the highest prospective | ||||||
11 | total revenue to the State would
be derived from State conduct | ||||||
12 | of the gambling operation in lieu of re-issuing
the license, | ||||||
13 | the Board shall inform each applicant of its decision. The | ||||||
14 | Board
shall thereafter have the authority, without obtaining an | ||||||
15 | owners license, to
conduct riverboat or land-based gambling | ||||||
16 | operations as
previously authorized by the terminated, | ||||||
17 | expired, revoked, or nonrenewed
license through a licensed | ||||||
18 | manager selected pursuant to an open and competitive
bidding
| ||||||
19 | process as set forth in Section 7.5 and as provided in Section | ||||||
20 | 7.4.
| ||||||
21 | (b) The Board may locate any riverboat or land-based | ||||||
22 | gambling facility containing on which a gambling operation is
| ||||||
23 | conducted by the State in any home dock or land-based location | ||||||
24 | authorized by Section 3(c)
upon receipt of approval from a | ||||||
25 | majority vote of the governing body of the
municipality or |
| |||||||
| |||||||
1 | county, as the case may be, in which the riverboat will dock or | ||||||
2 | the land-based gambling facility will be located .
| ||||||
3 | (c) The Board shall have jurisdiction over and shall | ||||||
4 | supervise all
gambling operations conducted by the State | ||||||
5 | provided for in this Act and shall
have all powers necessary | ||||||
6 | and proper to fully and effectively execute the
provisions of | ||||||
7 | this Act relating to gambling operations conducted by the | ||||||
8 | State.
| ||||||
9 | (d) The maximum number of owners licenses authorized under | ||||||
10 | Section 7(e)
shall be reduced by one for each instance in which | ||||||
11 | the Board authorizes the
State to conduct a riverboat or | ||||||
12 | land-based gambling operation under subsection (a) in lieu of
| ||||||
13 | re-issuing a license to an applicant under Section 7.1.
| ||||||
14 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
15 | (230 ILCS 10/7.4)
| ||||||
16 | Sec. 7.4. Managers licenses.
| ||||||
17 | (a) A qualified person may apply to the Board for a | ||||||
18 | managers license to
operate
and manage any gambling operation | ||||||
19 | conducted by the State. The application shall
be
made on forms | ||||||
20 | provided by the Board and shall contain such information as the
| ||||||
21 | Board
prescribes, including but not limited to information | ||||||
22 | required in Sections 6(a),
(b), and
(c) and information | ||||||
23 | relating to the applicant's proposed price to manage State
| ||||||
24 | gambling
operations and to provide the riverboat, land-based | ||||||
25 | gambling facility, gambling equipment, and supplies
necessary |
| |||||||
| |||||||
1 | to
conduct State gambling operations.
| ||||||
2 | (b) Each applicant must submit evidence to the Board that | ||||||
3 | minority persons
and
females hold ownership interests in the | ||||||
4 | applicant of at least 16% and 4%,
respectively.
| ||||||
5 | (c) A person, firm, or corporation is ineligible to receive | ||||||
6 | a managers
license if:
| ||||||
7 | (1) the person has been convicted of a felony under the | ||||||
8 | laws of this
State, any other state, or the United States;
| ||||||
9 | (2) the person has been convicted of any violation of | ||||||
10 | Article 28 of
the Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012, or substantially similar laws of any other
| ||||||
12 | jurisdiction;
| ||||||
13 | (3) the person has submitted an application for a | ||||||
14 | license under this
Act which contains false information;
| ||||||
15 | (4) the person is a member of the Board;
| ||||||
16 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
17 | officer, director, or
managerial employee of the firm or | ||||||
18 | corporation;
| ||||||
19 | (6) the firm or corporation employs a person defined in | ||||||
20 | (1), (2), (3),
or (4) who participates in the management or | ||||||
21 | operation of gambling
operations authorized under this | ||||||
22 | Act; or
| ||||||
23 | (7) a license of the person, firm, or corporation | ||||||
24 | issued under this Act,
or
a license to own or operate | ||||||
25 | gambling facilities in any other jurisdiction, has
been | ||||||
26 | revoked.
|
| |||||||
| |||||||
1 | (d) Each applicant shall submit with his or her | ||||||
2 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
3 | her fingerprints.
| ||||||
4 | (e) The Board shall charge each applicant a fee, set by the | ||||||
5 | Board, to defray
the costs associated with the background | ||||||
6 | investigation conducted by the
Board.
| ||||||
7 | (f) A person who knowingly makes a false statement on an | ||||||
8 | application is
guilty of a Class A misdemeanor.
| ||||||
9 | (g) The managers license shall be for a term not to exceed | ||||||
10 | 10 years, shall
be
renewable at the Board's option, and shall | ||||||
11 | contain such terms and
provisions as the Board deems necessary | ||||||
12 | to protect or enhance the
credibility and integrity of State | ||||||
13 | gambling operations, achieve the highest
prospective total | ||||||
14 | revenue to the State, and otherwise serve the interests of
the | ||||||
15 | citizens of Illinois.
| ||||||
16 | (h) Issuance of a managers license shall be subject to an | ||||||
17 | open and
competitive bidding
process. The Board may select an | ||||||
18 | applicant other than the lowest bidder by
price. If it does not | ||||||
19 | select the lowest bidder, the Board shall issue a notice
of who
| ||||||
20 | the lowest bidder was and a written decision as to why another | ||||||
21 | bidder was
selected.
| ||||||
22 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
23 | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| ||||||
24 | Sec. 8. Suppliers licenses.
| ||||||
25 | (a) The Board may issue a suppliers license to such |
| |||||||
| |||||||
1 | persons, firms or
corporations which apply therefor upon the | ||||||
2 | payment of a non-refundable
application fee set by the Board, | ||||||
3 | upon a determination by the Board that
the applicant is | ||||||
4 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
5 | annual license
fee.
| ||||||
6 | (b) The holder of a suppliers license is authorized to sell | ||||||
7 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
8 | and supplies to any
licensee involved in the ownership or | ||||||
9 | management of gambling operations.
| ||||||
10 | (c) Gambling supplies and equipment may not be distributed
| ||||||
11 | unless supplies and equipment conform to standards adopted by
| ||||||
12 | rules of the Board.
| ||||||
13 | (d) A person, firm or corporation is ineligible to receive | ||||||
14 | a suppliers
license if:
| ||||||
15 | (1) the person has been convicted of a felony under the | ||||||
16 | laws of this
State, any other state, or the United States;
| ||||||
17 | (2) the person has been convicted of any violation of | ||||||
18 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, or substantially similar laws of any other | ||||||
20 | jurisdiction;
| ||||||
21 | (3) the person has submitted an application for a | ||||||
22 | license under this
Act which contains false information;
| ||||||
23 | (4) the person is a member of the Board;
| ||||||
24 | (5) the firm or corporation is one in which a person | ||||||
25 | defined in (1),
(2), (3) or (4), is an officer, director or | ||||||
26 | managerial employee;
|
| |||||||
| |||||||
1 | (6) the firm or corporation employs a person who | ||||||
2 | participates in the
management or operation of riverboat or | ||||||
3 | land-based gambling authorized under this Act;
| ||||||
4 | (7) the license of the person, firm or corporation | ||||||
5 | issued under
this Act, or a license to own or operate | ||||||
6 | gambling facilities
in any other jurisdiction, has been | ||||||
7 | revoked.
| ||||||
8 | (e) Any person that supplies any equipment, devices, or | ||||||
9 | supplies to a
licensed riverboat or land-based gambling | ||||||
10 | operation must first obtain a suppliers
license. A supplier | ||||||
11 | shall furnish to the Board a list of all equipment,
devices and | ||||||
12 | supplies offered for sale or lease in connection with gambling
| ||||||
13 | games authorized under this Act. A supplier shall keep books | ||||||
14 | and records
for the furnishing of equipment, devices and | ||||||
15 | supplies to gambling
operations separate and distinct from any | ||||||
16 | other business that the supplier
might operate. A supplier | ||||||
17 | shall file a quarterly return with the Board
listing all sales | ||||||
18 | and leases. A supplier shall permanently affix its name or a | ||||||
19 | distinctive logo or other mark or design element identifying | ||||||
20 | the manufacturer or supplier
to all its equipment, devices, and | ||||||
21 | supplies, except gaming chips without a value impressed, | ||||||
22 | engraved, or imprinted on it, for gambling operations.
The | ||||||
23 | Board may waive this requirement for any specific product or | ||||||
24 | products if it determines that the requirement is not necessary | ||||||
25 | to protect the integrity of the game. Items purchased from a | ||||||
26 | licensed supplier may continue to be used even though the |
| |||||||
| |||||||
1 | supplier subsequently changes its name, distinctive logo, or | ||||||
2 | other mark or design element; undergoes a change in ownership; | ||||||
3 | or ceases to be licensed as a supplier for any reason. Any | ||||||
4 | supplier's equipment, devices or supplies which are used by any | ||||||
5 | person
in an unauthorized gambling operation shall be forfeited | ||||||
6 | to the State. A
licensed owner may own its own equipment, | ||||||
7 | devices and supplies. Each
holder of an owners license under | ||||||
8 | the Act shall file an annual report
listing its inventories of | ||||||
9 | gambling equipment, devices and supplies.
| ||||||
10 | (f) Any person who knowingly makes a false statement on an | ||||||
11 | application
is guilty of a Class A misdemeanor.
| ||||||
12 | (g) Any gambling equipment, devices and supplies provided | ||||||
13 | by any
licensed supplier may either be repaired on the | ||||||
14 | riverboat or removed from
the riverboat to an on-shore facility | ||||||
15 | owned by the holder of an owners
license for repair.
| ||||||
16 | (Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; | ||||||
17 | 98-756, eff. 7-16-14.)
| ||||||
18 | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||||||
19 | Sec. 9. Occupational licenses.
| ||||||
20 | (a) The Board may issue an occupational license to an | ||||||
21 | applicant upon the
payment of a non-refundable fee set by the | ||||||
22 | Board, upon a determination by
the Board that the applicant is | ||||||
23 | eligible for an occupational license and
upon payment of an | ||||||
24 | annual license fee in an amount to be established. To
be | ||||||
25 | eligible for an occupational license, an applicant must:
|
| |||||||
| |||||||
1 | (1) be at least 21 years of age if the applicant will | ||||||
2 | perform any
function involved in gaming by patrons. Any | ||||||
3 | applicant seeking an
occupational license for a non-gaming | ||||||
4 | function shall be at least 18 years
of age;
| ||||||
5 | (2) not have been convicted of a felony offense, a | ||||||
6 | violation of Article
28 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012, or a similar statute of any other
| ||||||
8 | jurisdiction;
| ||||||
9 | (2.5) not have been convicted of a crime, other than a | ||||||
10 | crime described in item (2) of this subsection (a), | ||||||
11 | involving dishonesty or moral turpitude, except that the | ||||||
12 | Board may, in its discretion, issue an occupational license | ||||||
13 | to a person who has been convicted of a crime described in | ||||||
14 | this item (2.5) more than 10 years prior to his or her | ||||||
15 | application and has not subsequently been convicted of any | ||||||
16 | other crime;
| ||||||
17 | (3) have demonstrated a level of skill or knowledge | ||||||
18 | which the Board
determines to be necessary in order to | ||||||
19 | operate gambling aboard a riverboat or in a land-based | ||||||
20 | gambling facility ; and
| ||||||
21 | (4) have met standards for the holding of an | ||||||
22 | occupational license as
adopted by rules of the Board. Such | ||||||
23 | rules shall provide that any person or
entity seeking an | ||||||
24 | occupational license to manage gambling operations
| ||||||
25 | hereunder shall be subject to background inquiries and | ||||||
26 | further requirements
similar to those required of |
| |||||||
| |||||||
1 | applicants for an owners license.
Furthermore, such rules | ||||||
2 | shall provide that each such entity shall be
permitted to | ||||||
3 | manage gambling operations for only one licensed owner.
| ||||||
4 | (b) Each application for an occupational license shall be | ||||||
5 | on forms
prescribed by the Board and shall contain all | ||||||
6 | information required by the
Board. The applicant shall set | ||||||
7 | forth in the application: whether he has been
issued prior | ||||||
8 | gambling related licenses; whether he has been licensed in any
| ||||||
9 | other state under any other name, and, if so, such name and his | ||||||
10 | age; and
whether or not a permit or license issued to him in | ||||||
11 | any other state has
been suspended, restricted or revoked, and, | ||||||
12 | if so, for what period of time.
| ||||||
13 | (c) Each applicant shall submit with his application, on | ||||||
14 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
15 | Board shall charge each
applicant a fee set by the Department | ||||||
16 | of State Police to defray the costs
associated with the search | ||||||
17 | and classification of fingerprints obtained by
the Board with | ||||||
18 | respect to the applicant's application. These fees shall be
| ||||||
19 | paid into the State Police Services Fund.
| ||||||
20 | (d) The Board may in its discretion refuse an occupational | ||||||
21 | license to
any person: (1) who is unqualified to perform the | ||||||
22 | duties required of such
applicant; (2) who fails to disclose or | ||||||
23 | states falsely any information
called for in the application; | ||||||
24 | (3) who has been found guilty of a
violation of this Act or | ||||||
25 | whose prior gambling related license or
application therefor | ||||||
26 | has been suspended, restricted, revoked or denied for
just |
| |||||||
| |||||||
1 | cause in any other state; or (4) for any other just cause.
| ||||||
2 | (e) The Board may suspend, revoke or restrict any | ||||||
3 | occupational licensee:
(1) for violation of any provision of | ||||||
4 | this Act; (2) for violation of any
of the rules and regulations | ||||||
5 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
6 | would have disqualified the applicant from receiving
such | ||||||
7 | license; or (4) for default in the payment of any obligation or | ||||||
8 | debt
due to the State of Illinois; or (5) for any other just | ||||||
9 | cause.
| ||||||
10 | (f) A person who knowingly makes a false statement on an | ||||||
11 | application is
guilty of a Class A misdemeanor.
| ||||||
12 | (g) Any license issued pursuant to this Section shall be | ||||||
13 | valid for a
period of one year from the date of issuance.
| ||||||
14 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
15 | licensed
owner from entering into an agreement with a public | ||||||
16 | community college or a school approved under the
Private | ||||||
17 | Business and Vocational Schools Act of 2012 for the training of | ||||||
18 | any
occupational licensee. Any training offered by such a | ||||||
19 | school shall be in
accordance with a written agreement between | ||||||
20 | the licensed owner and the school.
| ||||||
21 | (i) Any training provided for occupational licensees may be | ||||||
22 | conducted
either on the riverboat or in the land-based gambling | ||||||
23 | facility or at a school with which a licensed owner has
entered | ||||||
24 | into an agreement pursuant to subsection (h).
| ||||||
25 | (Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12; | ||||||
26 | 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
2 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
3 | licensed owners or licensed managers on behalf
of the State | ||||||
4 | aboard riverboats or in land-based gambling facilities ,
| ||||||
5 | subject to the following standards:
| ||||||
6 | (1) A licensee may conduct riverboat gambling | ||||||
7 | authorized under this Act
regardless of whether it conducts | ||||||
8 | excursion cruises. A licensee may permit
the continuous | ||||||
9 | ingress and egress of passengers on a riverboat not used | ||||||
10 | for excursion cruises for the purpose of gambling. | ||||||
11 | Excursion cruises shall not exceed 4 hours for a round | ||||||
12 | trip. However, the Board may grant express approval for an | ||||||
13 | extended cruise on a case-by-case basis.
| ||||||
14 | (2) (Blank).
| ||||||
15 | (3) Minimum and maximum wagers on games shall be set by | ||||||
16 | the licensee.
| ||||||
17 | (4) Agents of the Board and the Department of State | ||||||
18 | Police may board
and inspect any riverboat at any time for | ||||||
19 | the purpose of determining
whether this Act is being | ||||||
20 | complied with. Every riverboat, if under way and
being | ||||||
21 | hailed by a law enforcement officer or agent of the Board, | ||||||
22 | must stop
immediately and lay to.
| ||||||
23 | (5) Employees of the Board shall have the right to be | ||||||
24 | present on the
riverboat or in the land-based gambling | ||||||
25 | facility or on adjacent facilities under the control of the |
| |||||||
| |||||||
1 | licensee.
| ||||||
2 | (6) Gambling equipment and supplies customarily used | ||||||
3 | in conducting
riverboat or land-based gambling must be | ||||||
4 | purchased or leased only from suppliers licensed
for such | ||||||
5 | purpose under this Act. The Board may approve the transfer, | ||||||
6 | sale, or lease of gambling equipment and supplies by a | ||||||
7 | licensed owner from or to an affiliate of the licensed | ||||||
8 | owner as long as the gambling equipment and supplies were | ||||||
9 | initially acquired from a supplier licensed in Illinois.
| ||||||
10 | (7) Persons licensed under this Act shall permit no | ||||||
11 | form of wagering on
gambling games except as permitted by | ||||||
12 | this Act.
| ||||||
13 | (8) Wagers may be received only from a person present | ||||||
14 | on a licensed
riverboat or in a land-based gambling | ||||||
15 | facility . No person present on a licensed riverboat or in a | ||||||
16 | land-based gambling facility shall place
or attempt to | ||||||
17 | place a wager on behalf of another person who is not | ||||||
18 | present
on the riverboat or in the land-based gambling | ||||||
19 | facility .
| ||||||
20 | (9) Wagering shall not be conducted with money or other | ||||||
21 | negotiable
currency.
| ||||||
22 | (10) A person under age 21 shall not be permitted in on | ||||||
23 | an area of a
riverboat or land-based gambling facility | ||||||
24 | where gambling is being conducted, except for a person at | ||||||
25 | least
18 years of age who is an employee of the riverboat | ||||||
26 | or land-based gambling operation. No
employee under age 21 |
| |||||||
| |||||||
1 | shall perform any function involved in gambling by
the | ||||||
2 | patrons. No person under age 21 shall be permitted to make | ||||||
3 | a wager under
this Act, and any winnings that are a result | ||||||
4 | of a wager by a person under age 21, whether or not paid by | ||||||
5 | a licensee, shall be treated as winnings for the privilege | ||||||
6 | tax purposes, confiscated, and forfeited to the State and | ||||||
7 | deposited into the Education Assistance Fund.
| ||||||
8 | (11) Gambling excursion cruises are permitted only | ||||||
9 | when the waterway for
which the riverboat is licensed is | ||||||
10 | navigable, as determined by
the Board in consultation with | ||||||
11 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
12 | not limit the ability of a licensee to conduct
gambling | ||||||
13 | authorized under this Act when gambling excursion cruises | ||||||
14 | are not
permitted.
| ||||||
15 | (12) All tokens, chips or electronic cards used to make | ||||||
16 | wagers must be
purchased from a licensed owner or manager | ||||||
17 | either aboard a riverboat , or at
an onshore
facility which | ||||||
18 | has been approved by the Board and which is located where
| ||||||
19 | the riverboat docks , or inside a land-based gambling | ||||||
20 | facility . The tokens, chips or electronic cards may be
| ||||||
21 | purchased by means of an agreement under which the owner or | ||||||
22 | manager extends
credit to
the patron. Such tokens, chips or | ||||||
23 | electronic cards may be used
while aboard the riverboat or | ||||||
24 | inside the land-based gambling facility only for the | ||||||
25 | purpose of making wagers on
gambling games.
| ||||||
26 | (13) Notwithstanding any other Section of this Act, in |
| |||||||
| |||||||
1 | addition to the
other licenses authorized under this Act, | ||||||
2 | the Board may issue special event
licenses allowing persons | ||||||
3 | who are not otherwise licensed to conduct
riverboat or | ||||||
4 | land-based gambling to conduct such gambling on a specified | ||||||
5 | date or series
of dates. Riverboat or land-based gambling | ||||||
6 | under such a license may take place on a
riverboat or | ||||||
7 | inside a land-based gambling facility not normally used for | ||||||
8 | riverboat gambling. The Board shall
establish standards, | ||||||
9 | fees and fines for, and limitations upon, such
licenses, | ||||||
10 | which may differ from the standards, fees, fines and | ||||||
11 | limitations
otherwise applicable under this Act. All such | ||||||
12 | fees shall be deposited into
the State Gaming Fund. All | ||||||
13 | such fines shall be deposited into the
Education Assistance | ||||||
14 | Fund, created by Public Act 86-0018, of the State
of | ||||||
15 | Illinois.
| ||||||
16 | (14) In addition to the above, gambling must be | ||||||
17 | conducted in accordance
with all rules adopted by the | ||||||
18 | Board.
| ||||||
19 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
20 | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
| ||||||
21 | Sec. 11.1. Collection of amounts owing under credit | ||||||
22 | agreements. Notwithstanding any applicable statutory provision | ||||||
23 | to the contrary, a
licensed owner or manager who extends credit | ||||||
24 | to a riverboat or land-based gambling patron
pursuant
to | ||||||
25 | Section 11 (a) (12) of this Act is expressly authorized to |
| |||||||
| |||||||
1 | institute a
cause of action to collect any amounts due and | ||||||
2 | owing under the extension of
credit, as well as the owner's or | ||||||
3 | manager's costs, expenses and reasonable
attorney's
fees | ||||||
4 | incurred in collection.
| ||||||
5 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
6 | (230 ILCS 10/11.2)
| ||||||
7 | Sec. 11.2. Relocation of riverboat home dock.
| ||||||
8 | (a) A licensee that was not conducting
riverboat gambling | ||||||
9 | on January 1, 1998 may apply to the Board for renewal and
| ||||||
10 | approval of relocation to a new home dock or land-based | ||||||
11 | location authorized under Section
3(c) and
the Board
shall | ||||||
12 | grant the application and approval upon receipt by the licensee | ||||||
13 | of
approval from the new municipality or county, as the case | ||||||
14 | may be, in which the
licensee wishes to relocate pursuant to | ||||||
15 | Section 7(j).
| ||||||
16 | (b) Any licensee that relocates its home dock or relocates | ||||||
17 | to a land-based gambling facility
pursuant
to this Section | ||||||
18 | shall attain a level of at least 20% minority person and female
| ||||||
19 | ownership, at least 16% and 4% respectively, within a time | ||||||
20 | period
prescribed by the Board,
but not to exceed 12 months | ||||||
21 | from the date
the licensee
begins conducting gambling at the | ||||||
22 | new home dock or land-based location. The 12-month period
shall | ||||||
23 | be extended by the amount of
time
necessary to conduct a | ||||||
24 | background investigation pursuant to Section 6.
For the | ||||||
25 | purposes of this
Section, the terms "female" and "minority |
| |||||||
| |||||||
1 | person" have the meanings provided in
Section 2 of the
Business | ||||||
2 | Enterprise for Minorities, Females, and Persons with | ||||||
3 | Disabilities
Act.
| ||||||
4 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
5 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
| ||||||
6 | Sec. 12. Admission tax; fees.
| ||||||
7 | (a) A tax is hereby imposed upon admissions to riverboats | ||||||
8 | and land-based gambling facilities operated by
licensed owners | ||||||
9 | authorized pursuant to this Act. Until July 1, 2002, the
rate | ||||||
10 | is $2 per person admitted. From July 1, 2002 until
July 1, | ||||||
11 | 2003, the rate is $3 per person admitted.
From July 1, 2003 | ||||||
12 | until August 23, 2005 (the effective date of Public Act | ||||||
13 | 94-673), for a licensee that admitted 1,000,000 persons or
| ||||||
14 | fewer in the previous calendar year, the rate is $3 per person | ||||||
15 | admitted; for a
licensee that admitted more than 1,000,000 but | ||||||
16 | no more than 2,300,000 persons
in the previous calendar year, | ||||||
17 | the rate is $4 per person admitted; and for
a licensee that | ||||||
18 | admitted more than 2,300,000 persons in the previous calendar
| ||||||
19 | year, the rate is $5 per person admitted.
Beginning on August | ||||||
20 | 23, 2005 (the effective date of Public Act 94-673), for a | ||||||
21 | licensee that admitted 1,000,000 persons or
fewer in calendar | ||||||
22 | year 2004, the rate is $2 per person admitted, and for all | ||||||
23 | other
licensees, including licensees that were not conducting | ||||||
24 | gambling operations in 2004, the rate is $3 per person | ||||||
25 | admitted.
This admission tax is imposed upon the
licensed owner |
| |||||||
| |||||||
1 | conducting gambling.
| ||||||
2 | (1) The admission tax shall be paid for each admission, | ||||||
3 | except that a person who exits a riverboat gambling | ||||||
4 | facility or land-based gambling facility and reenters that | ||||||
5 | riverboat gambling facility or land-based gambling | ||||||
6 | facility within the same gaming day shall be subject only | ||||||
7 | to the initial admission tax.
| ||||||
8 | (2) (Blank).
| ||||||
9 | (3) The riverboat or land-based gambling operation | ||||||
10 | licensee may issue tax-free passes to
actual and necessary | ||||||
11 | officials and employees of the licensee or other
persons | ||||||
12 | actually working on the riverboat or in the land-based | ||||||
13 | gambling facility .
| ||||||
14 | (4) The number and issuance of tax-free passes is | ||||||
15 | subject to the rules
of the Board, and a list of all | ||||||
16 | persons to whom the tax-free passes are
issued shall be | ||||||
17 | filed with the Board.
| ||||||
18 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
19 | licensed
managers on behalf of the State pursuant to Section | ||||||
20 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
21 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
22 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
23 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
24 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
25 | per person admitted; and for
a licensee that admitted more than | ||||||
26 | 2,300,000 persons in the previous calendar
year, the rate is $5 |
| |||||||
| |||||||
1 | per person admitted.
| ||||||
2 | (1) The admission fee shall be paid for each admission.
| ||||||
3 | (2) (Blank).
| ||||||
4 | (3) The licensed manager may issue fee-free passes to | ||||||
5 | actual and necessary
officials and employees of the manager | ||||||
6 | or other persons actually working on the
riverboat or in | ||||||
7 | the land-based gambling facility .
| ||||||
8 | (4) The number and issuance of fee-free passes is | ||||||
9 | subject to the rules
of the Board, and a list of all | ||||||
10 | persons to whom the fee-free passes are
issued shall be | ||||||
11 | filed with the Board.
| ||||||
12 | (b) From the tax imposed under subsection (a) and the fee | ||||||
13 | imposed under
subsection (a-5), a municipality shall receive | ||||||
14 | from the State $1 for each
person embarking on a riverboat | ||||||
15 | docked within the municipality and for each person entering a | ||||||
16 | land-based gambling facility within the municipality , and a | ||||||
17 | county
shall receive $1 for each person embarking on a | ||||||
18 | riverboat docked within the
county but outside the boundaries | ||||||
19 | of any municipality and for each person entering a land-based | ||||||
20 | gambling facility within the county but outside the boundaries | ||||||
21 | of any municipality . The municipality's or
county's share shall | ||||||
22 | be collected by the Board on behalf of the State and
remitted | ||||||
23 | quarterly by the State, subject to appropriation, to the | ||||||
24 | treasurer of
the unit of local government for deposit in the | ||||||
25 | general fund.
| ||||||
26 | (c) The licensed owner shall pay the entire admission tax |
| |||||||
| |||||||
1 | to the Board and
the licensed manager shall pay the entire | ||||||
2 | admission fee to the Board.
Such payments shall be made daily. | ||||||
3 | Accompanying each payment shall be a
return on forms provided | ||||||
4 | by the Board which shall include other
information regarding | ||||||
5 | admissions as the Board may require. Failure to
submit either | ||||||
6 | the payment or the return within the specified time may
result | ||||||
7 | in suspension or revocation of the owners or managers license.
| ||||||
8 | (d) The Board shall administer and collect the admission | ||||||
9 | tax imposed by
this Section, to the extent practicable, in a | ||||||
10 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
11 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
12 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
13 | Penalty and Interest Act.
| ||||||
14 | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
| ||||||
15 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
16 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
17 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
18 | gross
receipts received from gambling games authorized under | ||||||
19 | this Act at the rate of
20%.
| ||||||
20 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
21 | tax is
imposed on persons engaged in the business of conducting | ||||||
22 | riverboat gambling
operations, based on the adjusted gross | ||||||
23 | receipts received by a licensed owner
from gambling games | ||||||
24 | authorized under this Act at the following rates:
| ||||||
25 | 15% of annual adjusted gross receipts up to and |
| |||||||
| |||||||
1 | including $25,000,000;
| ||||||
2 | 20% of annual adjusted gross receipts in excess of | ||||||
3 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
4 | 25% of annual adjusted gross receipts in excess of | ||||||
5 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
6 | 30% of annual adjusted gross receipts in excess of | ||||||
7 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
8 | 35% of annual adjusted gross receipts in excess of | ||||||
9 | $100,000,000.
| ||||||
10 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
11 | is imposed on
persons engaged in the business of conducting | ||||||
12 | riverboat gambling operations,
other than licensed managers | ||||||
13 | conducting riverboat gambling operations on behalf
of the | ||||||
14 | State, based on the adjusted gross receipts received by a | ||||||
15 | licensed
owner from gambling games authorized under this Act at | ||||||
16 | the following rates:
| ||||||
17 | 15% of annual adjusted gross receipts up to and | ||||||
18 | including $25,000,000;
| ||||||
19 | 22.5% of annual adjusted gross receipts in excess of | ||||||
20 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
21 | 27.5% of annual adjusted gross receipts in excess of | ||||||
22 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
23 | 32.5% of annual adjusted gross receipts in excess of | ||||||
24 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
25 | 37.5% of annual adjusted gross receipts in excess of | ||||||
26 | $100,000,000 but not
exceeding $150,000,000;
|
| |||||||
| |||||||
1 | 45% of annual adjusted gross receipts in excess of | ||||||
2 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
3 | 50% of annual adjusted gross receipts in excess of | ||||||
4 | $200,000,000.
| ||||||
5 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
6 | persons engaged
in the business of conducting riverboat | ||||||
7 | gambling operations, other than
licensed managers conducting | ||||||
8 | riverboat gambling operations on behalf of the
State, based on | ||||||
9 | the adjusted gross receipts received by a licensed owner from
| ||||||
10 | gambling games authorized under this Act at the following | ||||||
11 | rates:
| ||||||
12 | 15% of annual adjusted gross receipts up to and | ||||||
13 | including $25,000,000;
| ||||||
14 | 27.5% of annual adjusted gross receipts in excess of | ||||||
15 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
16 | 32.5% of annual adjusted gross receipts in excess of | ||||||
17 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
18 | 37.5% of annual adjusted gross receipts in excess of | ||||||
19 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
20 | 45% of annual adjusted gross receipts in excess of | ||||||
21 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
22 | 50% of annual adjusted gross receipts in excess of | ||||||
23 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
24 | 70% of annual adjusted gross receipts in excess of | ||||||
25 | $250,000,000.
| ||||||
26 | An amount equal to the amount of wagering taxes collected |
| |||||||
| |||||||
1 | under this
subsection (a-3) that are in addition to the amount | ||||||
2 | of wagering taxes that
would have been collected if the | ||||||
3 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
4 | be paid into the Common School Fund.
| ||||||
5 | The privilege tax imposed under this subsection (a-3) shall | ||||||
6 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
7 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
8 | gambling operations are conducted
pursuant to a dormant | ||||||
9 | license; or (iii) the first day that riverboat gambling
| ||||||
10 | operations are conducted under the authority of an owners | ||||||
11 | license that is in
addition to the 10 owners licenses initially | ||||||
12 | authorized under this Act.
For the purposes of this subsection | ||||||
13 | (a-3), the term "dormant license"
means an owners license that | ||||||
14 | is authorized by this Act under which no
riverboat gambling | ||||||
15 | operations are being conducted on June 20, 2003.
| ||||||
16 | (a-4) Beginning on the first day on which the tax imposed | ||||||
17 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
18 | imposed on persons
engaged in the business of conducting | ||||||
19 | riverboat or land-based gambling operations, other
than | ||||||
20 | licensed managers conducting riverboat or land-based gambling | ||||||
21 | operations on behalf of
the State, based on the adjusted gross | ||||||
22 | receipts received by a licensed owner
from gambling games | ||||||
23 | authorized under this Act at the following rates:
| ||||||
24 | 15% of annual adjusted gross receipts up to and | ||||||
25 | including $25,000,000;
| ||||||
26 | 22.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
2 | 27.5% of annual adjusted gross receipts in excess of | ||||||
3 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
4 | 32.5% of annual adjusted gross receipts in excess of | ||||||
5 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
6 | 37.5% of annual adjusted gross receipts in excess of | ||||||
7 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
8 | 45% of annual adjusted gross receipts in excess of | ||||||
9 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
10 | 50% of annual adjusted gross receipts in excess of | ||||||
11 | $200,000,000.
| ||||||
12 | (a-8) Riverboat or land-based gambling operations | ||||||
13 | conducted by a licensed manager on
behalf of the State are not | ||||||
14 | subject to the tax imposed under this Section.
| ||||||
15 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
16 | the licensed
owner to the Board not later than 5:00 o'clock | ||||||
17 | p.m. of the day after the day
when the wagers were made.
| ||||||
18 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
19 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
20 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
21 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
22 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
23 | the payment of all amounts otherwise due under this Section, | ||||||
24 | pay to the Board a reconciliation payment in the amount, if | ||||||
25 | any, by which the licensed owner's base amount exceeds the | ||||||
26 | amount of net privilege tax paid by the licensed owner to the |
| |||||||
| |||||||
1 | Board in the then current State fiscal year. A licensed owner's | ||||||
2 | net privilege tax obligation due for the balance of the State | ||||||
3 | fiscal year shall be reduced up to the total of the amount paid | ||||||
4 | by the licensed owner in its June 15 reconciliation payment. | ||||||
5 | The obligation imposed by this subsection (a-15) is binding on | ||||||
6 | any person, firm, corporation, or other entity that acquires an | ||||||
7 | ownership interest in any such owners license. The obligation | ||||||
8 | imposed under this subsection (a-15) terminates on the earliest | ||||||
9 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
10 | date of this amendatory Act of the 94th General Assembly that | ||||||
11 | riverboat gambling operations are conducted pursuant to a | ||||||
12 | dormant license, (iii) the first day that riverboat gambling | ||||||
13 | operations are conducted under the authority of an owners | ||||||
14 | license that is in addition to the 10 owners licenses initially | ||||||
15 | authorized under this Act, or (iv) the first day that a | ||||||
16 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
17 | gaming operations with slot machines or other electronic gaming | ||||||
18 | devices. The Board must reduce the obligation imposed under | ||||||
19 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
20 | for any of the following reasons: (A) an act or acts of God, | ||||||
21 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
22 | terrorism threat that was investigated by a law enforcement | ||||||
23 | agency, or (C) a condition beyond the control of the owners | ||||||
24 | licensee that does not result from any act or omission by the | ||||||
25 | owners licensee or any of its agents and that poses a hazardous | ||||||
26 | threat to the health and safety of patrons. If an owners |
| |||||||
| |||||||
1 | licensee pays an amount in excess of its liability under this | ||||||
2 | Section, the Board shall apply the overpayment to future | ||||||
3 | payments required under this Section. | ||||||
4 | For purposes of this subsection (a-15): | ||||||
5 | "Act of God" means an incident caused by the operation of | ||||||
6 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
7 | avoided by the exercise of due care, and for which no person | ||||||
8 | can be held liable.
| ||||||
9 | "Base amount" means the following: | ||||||
10 | For a riverboat in Alton, $31,000,000.
| ||||||
11 | For a riverboat in East Peoria, $43,000,000.
| ||||||
12 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
13 | For a riverboat in Metropolis, $45,000,000.
| ||||||
14 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
15 | For a riverboat in Aurora, $86,000,000.
| ||||||
16 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
17 | For a riverboat in Elgin, $198,000,000.
| ||||||
18 | "Dormant license" has the meaning ascribed to it in | ||||||
19 | subsection (a-3).
| ||||||
20 | "Net privilege tax" means all privilege taxes paid by a | ||||||
21 | licensed owner to the Board under this Section, less all | ||||||
22 | payments made from the State Gaming Fund pursuant to subsection | ||||||
23 | (b) of this Section. | ||||||
24 | The changes made to this subsection (a-15) by Public Act | ||||||
25 | 94-839 are intended to restate and clarify the intent of Public | ||||||
26 | Act 94-673 with respect to the amount of the payments required |
| |||||||
| |||||||
1 | to be made under this subsection by an owners licensee to the | ||||||
2 | Board.
| ||||||
3 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
4 | in the State
Gaming Fund under this Section shall be paid, | ||||||
5 | subject to appropriation by the
General Assembly, to the unit | ||||||
6 | of local government which is designated as the
home dock of the | ||||||
7 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
8 | deposited in the State Gaming Fund under this Section, an | ||||||
9 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
10 | riverboat or land-based gambling facility shall be paid | ||||||
11 | monthly, subject
to appropriation by the General Assembly, to | ||||||
12 | the unit of local government that
is designated as the home | ||||||
13 | dock of the riverboat or location of the land-based gambling | ||||||
14 | facility . From the tax revenue
deposited in the State Gaming | ||||||
15 | Fund pursuant to riverboat or land-based gambling operations
| ||||||
16 | conducted by a licensed manager on behalf of the State, an | ||||||
17 | amount equal to 5%
of adjusted gross receipts generated | ||||||
18 | pursuant to those riverboat or land-based gambling
operations | ||||||
19 | shall be paid monthly,
subject to appropriation by the General | ||||||
20 | Assembly, to the unit of local
government that is designated as | ||||||
21 | the home dock or land-based location of the gambling operation | ||||||
22 | of the riverboat upon which
those riverboat gambling operations | ||||||
23 | are conducted .
| ||||||
24 | (c) Appropriations, as approved by the General Assembly, | ||||||
25 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
26 | administration and enforcement of this Act and the Video Gaming |
| |||||||
| |||||||
1 | Act, (ii) for distribution to the Department of State Police | ||||||
2 | and to the Department of Revenue for the enforcement of this | ||||||
3 | Act, and (iii) to the
Department of Human Services for the | ||||||
4 | administration of programs to treat
problem gambling.
| ||||||
5 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
6 | 94-804) and beginning on the effective date of this amendatory | ||||||
7 | Act of the 95th General Assembly, unless any organization | ||||||
8 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
9 | operate a slot machine or video game of chance under the | ||||||
10 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
11 | payments required under subsections (b) and (c) have been
made, | ||||||
12 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
13 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
14 | owners licensee
conducting riverboat gambling operations
| ||||||
15 | pursuant to an
owners license that is initially issued after | ||||||
16 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
17 | conducted by a licensed manager on behalf of the
State under | ||||||
18 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
19 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
20 | (c-10) Each year the General Assembly shall appropriate | ||||||
21 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
22 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
23 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
24 | (c-15) After the payments required under subsections (b), | ||||||
25 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
26 | adjusted gross receipts of (1)
an owners licensee that |
| |||||||
| |||||||
1 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
2 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
3 | license that is initially issued after June 25, 1999,
or (3) | ||||||
4 | the first
riverboat gambling operations conducted by a licensed | ||||||
5 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
6 | comes first, shall be paid, subject to appropriation
from the | ||||||
7 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
8 | county with a population of over 3,000,000 inhabitants for the | ||||||
9 | purpose of
enhancing the county's criminal justice system.
| ||||||
10 | (c-20) Each year the General Assembly shall appropriate | ||||||
11 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
12 | an amount equal to the amount
paid to each home rule county | ||||||
13 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
14 | subsection (c-15) in the prior calendar year.
| ||||||
15 | (c-25) On July 1, 2013 and each July 1 thereafter, | ||||||
16 | $1,600,000 shall be transferred from the State Gaming Fund to | ||||||
17 | the Chicago State University Education Improvement Fund.
| ||||||
18 | (c-30) On July 1, 2013 or as soon as possible thereafter, | ||||||
19 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
20 | the School Infrastructure Fund and $23,000,000 shall be | ||||||
21 | transferred from the State Gaming Fund to the Horse Racing | ||||||
22 | Equity Fund. | ||||||
23 | (c-35) Beginning on July 1, 2013, in addition to any amount | ||||||
24 | transferred under subsection (c-30) of this Section, | ||||||
25 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
26 | Fund to the School Infrastructure Fund. |
| |||||||
| |||||||
1 | (d) From time to time, the
Board shall transfer the | ||||||
2 | remainder of the funds
generated by this Act into the Education
| ||||||
3 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
4 | Illinois.
| ||||||
5 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
6 | government
designated as the home dock of the riverboat or home | ||||||
7 | location of the land-based gambling facility from entering into | ||||||
8 | agreements
with other units of local government in this State | ||||||
9 | or in other states to
share its portion of the tax revenue.
| ||||||
10 | (f) To the extent practicable, the Board shall administer | ||||||
11 | and collect the
wagering taxes imposed by this Section in a | ||||||
12 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
13 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
14 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
15 | Penalty and Interest Act.
| ||||||
16 | (Source: P.A. 98-18, eff. 6-7-13.)
| ||||||
17 | (230 ILCS 10/18) (from Ch. 120, par. 2418)
| ||||||
18 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
19 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
20 | any of the
following:
| ||||||
21 | (1) Conducting gambling where wagering
is used or to be | ||||||
22 | used
without a license issued by the Board.
| ||||||
23 | (2) Conducting gambling where wagering
is permitted | ||||||
24 | other
than in the manner specified by Section 11.
| ||||||
25 | (b) A person is guilty of a Class B misdemeanor for doing |
| |||||||
| |||||||
1 | any of the
following:
| ||||||
2 | (1) permitting a person under 21 years to make a wager; | ||||||
3 | or
| ||||||
4 | (2) violating paragraph (12) of subsection (a) of | ||||||
5 | Section 11 of this Act.
| ||||||
6 | (c) A person wagering or accepting a wager at any location | ||||||
7 | outside the
riverboat or land-based gambling facility is | ||||||
8 | subject to the penalties in paragraphs (1) or (2) of
subsection | ||||||
9 | (a) of Section 28-1 of the Criminal Code of 2012.
| ||||||
10 | (d) A person commits a Class 4 felony and, in addition, | ||||||
11 | shall be barred
for life from riverboats and land-based | ||||||
12 | gambling facilities under the jurisdiction of the
Board, if the | ||||||
13 | person does any of the following:
| ||||||
14 | (1) Offers, promises, or gives anything of value or | ||||||
15 | benefit to a person
who is connected with a riverboat or | ||||||
16 | land-based gambling facility owner including, but
not | ||||||
17 | limited to, an officer or employee of a licensed owner or | ||||||
18 | holder of an
occupational license pursuant to an agreement | ||||||
19 | or arrangement or with the
intent that the promise or thing | ||||||
20 | of value or benefit will influence the
actions of the | ||||||
21 | person to whom the offer, promise, or gift was made in | ||||||
22 | order
to affect or attempt to affect the outcome of a | ||||||
23 | gambling game, or to
influence official action of a member | ||||||
24 | of the Board.
| ||||||
25 | (2) Solicits or knowingly accepts or receives a promise | ||||||
26 | of anything of
value or benefit while the person is |
| |||||||
| |||||||
1 | connected with a riverboat or land-based gambling | ||||||
2 | facility,
including, but not limited to, an officer or | ||||||
3 | employee of a licensed owner,
or holder of an occupational | ||||||
4 | license, pursuant to an understanding or
arrangement or | ||||||
5 | with the intent that the promise or thing of value or
| ||||||
6 | benefit will influence the actions of the person to affect | ||||||
7 | or attempt to
affect the outcome of a gambling game, or to | ||||||
8 | influence official action of a
member of the Board.
| ||||||
9 | (3) Uses or possesses with the intent to use a device | ||||||
10 | to assist:
| ||||||
11 | (i) In projecting the outcome of the game.
| ||||||
12 | (ii) In keeping track of the cards played.
| ||||||
13 | (iii) In analyzing the probability of the | ||||||
14 | occurrence of an event
relating to the gambling game.
| ||||||
15 | (iv) In analyzing the strategy for playing or | ||||||
16 | betting to be used in the
game except as permitted by | ||||||
17 | the Board.
| ||||||
18 | (4) Cheats at a gambling game.
| ||||||
19 | (5) Manufactures, sells, or distributes any cards, | ||||||
20 | chips, dice, game or
device which is intended to be used to | ||||||
21 | violate any provision of this Act.
| ||||||
22 | (6) Alters or misrepresents the outcome of a gambling | ||||||
23 | game on which
wagers have been made after the outcome is | ||||||
24 | made sure but before it is
revealed to the players.
| ||||||
25 | (7) Places a bet after acquiring knowledge, not | ||||||
26 | available to all players,
of the outcome of the gambling |
| |||||||
| |||||||
1 | game which is subject of the bet or to aid a
person in | ||||||
2 | acquiring the knowledge for the purpose of placing a bet
| ||||||
3 | contingent on that outcome.
| ||||||
4 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
5 | collect, or take,
money or anything of value in or from the | ||||||
6 | gambling games, with intent to
defraud, without having made | ||||||
7 | a wager contingent on winning a gambling game,
or claims, | ||||||
8 | collects, or takes an amount of money or thing of value of
| ||||||
9 | greater value than the amount won.
| ||||||
10 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
11 | game.
| ||||||
12 | (10) Possesses any key or device designed for the | ||||||
13 | purpose of opening,
entering, or affecting the operation of | ||||||
14 | a gambling game, drop box, or an
electronic or mechanical | ||||||
15 | device connected with the gambling game or for
removing | ||||||
16 | coins, tokens, chips or other contents of a gambling game. | ||||||
17 | This
paragraph (10) does not apply to a gambling licensee | ||||||
18 | or employee of a
gambling licensee acting in furtherance of | ||||||
19 | the employee's employment.
| ||||||
20 | (e) The possession of more than one of the devices | ||||||
21 | described in
subsection (d), paragraphs (3), (5), or (10) | ||||||
22 | permits a rebuttable
presumption that the possessor intended to | ||||||
23 | use the devices for cheating.
| ||||||
24 | (f) A person under the age of 21 who, except as authorized | ||||||
25 | under paragraph (10) of Section 11, enters upon a riverboat or | ||||||
26 | land-based gambling facility commits a petty offense and is |
| |||||||
| |||||||
1 | subject to a fine of not less than $100 or more than $250 for a | ||||||
2 | first offense and of not less than $200 or more than $500 for a | ||||||
3 | second or subsequent offense. | ||||||
4 | An action to prosecute any crime occurring on a riverboat | ||||||
5 | or in a land-based gambling facility
shall be tried in the | ||||||
6 | county of the dock at which the riverboat is based or in the | ||||||
7 | county where the land-based gambling facility is located .
| ||||||
8 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
9 | (230 ILCS 10/19) (from Ch. 120, par. 2419)
| ||||||
10 | Sec. 19. Forfeiture of property. | ||||||
11 | (a) Except as provided in
subsection (b), any riverboat or | ||||||
12 | land-based gambling facility
used for the conduct of gambling | ||||||
13 | games in violation of this Act shall be
considered a gambling | ||||||
14 | place in violation of Section 28-3 of the Criminal
Code of | ||||||
15 | 2012. Every gambling device found on
a riverboat or in a | ||||||
16 | land-based gambling facility operating gambling games in | ||||||
17 | violation of this
Act shall be subject to seizure, confiscation | ||||||
18 | and destruction as provided
in Section 28-5 of the Criminal | ||||||
19 | Code of 2012.
| ||||||
20 | (b) It is not a violation of this Act for a riverboat or | ||||||
21 | other
watercraft which is licensed for gaming by a contiguous | ||||||
22 | state to dock on
the shores of this State if the municipality | ||||||
23 | having jurisdiction of the
shores, or the county in the case of | ||||||
24 | unincorporated areas, has granted
permission for docking and no | ||||||
25 | gaming is conducted on the riverboat or other
watercraft while |
| |||||||
| |||||||
1 | it is docked on the shores of this State.
No gambling device | ||||||
2 | shall be subject to seizure, confiscation or
destruction if the | ||||||
3 | gambling device is located on a riverboat or other
watercraft | ||||||
4 | which is licensed for gaming by a contiguous state and which is
| ||||||
5 | docked on the shores of this State if the municipality having | ||||||
6 | jurisdiction
of the shores, or the county in the case of | ||||||
7 | unincorporated areas, has
granted permission for docking and no
| ||||||
8 | gaming is conducted on the riverboat or other watercraft while | ||||||
9 | it is docked on
the shores of this State.
| ||||||
10 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
11 | (230 ILCS 10/20) (from Ch. 120, par. 2420)
| ||||||
12 | Sec. 20. Prohibited activities - civil penalties. Any | ||||||
13 | person who
conducts a gambling operation without first | ||||||
14 | obtaining a
license to do so, or who continues to conduct such | ||||||
15 | games after revocation
of his license, or any licensee who | ||||||
16 | conducts or allows to be
conducted any unauthorized gambling | ||||||
17 | games on a riverboat or in a land-based gambling facility where | ||||||
18 | it is
authorized to conduct its riverboat or land-based | ||||||
19 | gambling operation, in addition to
other penalties provided, | ||||||
20 | shall be subject to a civil penalty equal to the
amount of | ||||||
21 | gross receipts derived from wagering on the gambling games,
| ||||||
22 | whether unauthorized or authorized, conducted on that day as | ||||||
23 | well as
confiscation and forfeiture of all gambling game | ||||||
24 | equipment used in the
conduct of unauthorized gambling games.
| ||||||
25 | (Source: P.A. 86-1029.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/24)
| ||||||
2 | Sec. 24. Applicability of this Illinois Riverboat Gambling | ||||||
3 | Act. The provisions of this the Illinois Riverboat Gambling | ||||||
4 | Act, and all rules promulgated thereunder, shall apply to the | ||||||
5 | Video Gaming Act, except where there is a conflict between the | ||||||
6 | 2 Acts.
| ||||||
7 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
8 | Section 40. The Video Gaming
Act is amended by changing | ||||||
9 | Sections 5, 25, 45, 79, and 80 as follows:
| ||||||
10 | (230 ILCS 40/5)
| ||||||
11 | Sec. 5. Definitions. As used in this Act:
| ||||||
12 | "Board" means the Illinois Gaming Board.
| ||||||
13 | "Credit" means one, 5, 10, or 25 cents either won or | ||||||
14 | purchased by a player.
| ||||||
15 | "Distributor" means an individual, partnership, | ||||||
16 | corporation, or limited liability company licensed under
this | ||||||
17 | Act to buy, sell, lease, or distribute video gaming terminals | ||||||
18 | or major
components or parts of video gaming terminals to or | ||||||
19 | from terminal
operators.
| ||||||
20 | "Electronic card" means a card purchased from a licensed | ||||||
21 | establishment, licensed fraternal establishment, licensed | ||||||
22 | veterans establishment, or licensed truck stop establishment | ||||||
23 | for use in that establishment as a substitute for cash in the |
| |||||||
| |||||||
1 | conduct of gaming on a video gaming terminal. | ||||||
2 | "Electronic voucher" means a voucher printed by an | ||||||
3 | electronic video game machine that is redeemable in the | ||||||
4 | licensed establishment for which it was issued. | ||||||
5 | "Terminal operator" means an individual, partnership, | ||||||
6 | corporation, or limited liability company that is
licensed | ||||||
7 | under this Act and that owns, services, and maintains video
| ||||||
8 | gaming terminals for placement in licensed establishments, | ||||||
9 | licensed truck stop establishments, licensed fraternal
| ||||||
10 | establishments, or licensed veterans establishments.
| ||||||
11 | "Licensed technician" means an individual
who
is licensed | ||||||
12 | under this Act to repair,
service, and maintain
video gaming | ||||||
13 | terminals.
| ||||||
14 | "Licensed terminal handler" means a person, including but | ||||||
15 | not limited to an employee or independent contractor working | ||||||
16 | for a manufacturer, distributor, supplier, technician, or | ||||||
17 | terminal operator, who is licensed under this Act to possess or | ||||||
18 | control a video gaming terminal or to have access to the inner | ||||||
19 | workings of a video gaming terminal. A licensed terminal | ||||||
20 | handler does not include an individual, partnership, | ||||||
21 | corporation, or limited liability company defined as a | ||||||
22 | manufacturer, distributor, supplier, technician, or terminal | ||||||
23 | operator under this Act. | ||||||
24 | "Manufacturer" means an individual, partnership, | ||||||
25 | corporation, or limited liability company that is
licensed | ||||||
26 | under this Act and that manufactures or assembles video gaming
|
| |||||||
| |||||||
1 | terminals.
| ||||||
2 | "Supplier" means an individual, partnership, corporation, | ||||||
3 | or limited liability company that is
licensed under this Act to | ||||||
4 | supply major components or parts to video gaming
terminals to | ||||||
5 | licensed
terminal operators.
| ||||||
6 | "Net terminal income" means money put into a video gaming | ||||||
7 | terminal minus
credits paid out to players.
| ||||||
8 | "Video gaming terminal" means any electronic video game | ||||||
9 | machine
that, upon insertion of cash, electronic cards or | ||||||
10 | vouchers, or any combination thereof, is available to play or | ||||||
11 | simulate the play of
a video game, including but not limited to | ||||||
12 | video poker, line up, and blackjack, as
authorized by the Board | ||||||
13 | utilizing a video display and microprocessors in
which the | ||||||
14 | player may receive free games or credits that can be
redeemed | ||||||
15 | for cash. The term does not include a machine that directly
| ||||||
16 | dispenses coins, cash, or tokens or is for amusement purposes | ||||||
17 | only.
| ||||||
18 | "Licensed establishment" means any licensed retail | ||||||
19 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
20 | or otherwise served for consumption
on the premises, whether | ||||||
21 | the establishment operates on a nonprofit or for-profit basis. | ||||||
22 | "Licensed establishment" includes any such establishment that | ||||||
23 | has a contractual relationship with an inter-track wagering | ||||||
24 | location licensee licensed under the Illinois Horse Racing Act | ||||||
25 | of 1975, provided any contractual relationship shall not | ||||||
26 | include any transfer or offer of revenue from the operation of |
| |||||||
| |||||||
1 | video gaming under this Act to any licensee licensed under the | ||||||
2 | Illinois Horse Racing Act of 1975. Provided, however, that the | ||||||
3 | licensed establishment that has such a contractual | ||||||
4 | relationship with an inter-track wagering location licensee | ||||||
5 | may not, itself, be (i) an inter-track wagering location | ||||||
6 | licensee, (ii) the corporate parent or subsidiary of any | ||||||
7 | licensee licensed under the Illinois Horse Racing Act of 1975, | ||||||
8 | or (iii) the corporate subsidiary of a corporation that is also | ||||||
9 | the corporate parent or subsidiary of any licensee licensed | ||||||
10 | under the Illinois Horse Racing Act of 1975. "Licensed | ||||||
11 | establishment" does not include a facility operated by an | ||||||
12 | organization licensee, an inter-track wagering licensee, or an | ||||||
13 | inter-track wagering location licensee licensed under the | ||||||
14 | Illinois Horse Racing Act of 1975 or a gambling operation | ||||||
15 | riverboat licensed under the Riverboat and Land-based Gambling | ||||||
16 | Act, except as provided in this paragraph. The changes made to | ||||||
17 | this definition by Public Act 98-587 are declarative of | ||||||
18 | existing law.
| ||||||
19 | "Licensed fraternal establishment" means the location | ||||||
20 | where a qualified
fraternal organization that derives its | ||||||
21 | charter from a national fraternal
organization regularly | ||||||
22 | meets.
| ||||||
23 | "Licensed veterans establishment" means the location where | ||||||
24 | a qualified
veterans organization that derives its charter from | ||||||
25 | a national veterans
organization regularly meets.
| ||||||
26 | "Licensed truck stop establishment" means a facility (i) |
| |||||||
| |||||||
1 | that is at least a
3-acre facility with a convenience store, | ||||||
2 | (ii) with separate diesel
islands for fueling commercial motor | ||||||
3 | vehicles, (iii) that sells at retail more than 10,000 gallons | ||||||
4 | of diesel or biodiesel fuel per month, and (iv) with parking | ||||||
5 | spaces for commercial
motor vehicles. "Commercial motor | ||||||
6 | vehicles" has the same meaning as defined in Section 18b-101 of | ||||||
7 | the Illinois Vehicle Code. The requirement of item (iii) of | ||||||
8 | this paragraph may be met by showing that estimated future | ||||||
9 | sales or past sales average at least 10,000 gallons per month.
| ||||||
10 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; | ||||||
11 | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. | ||||||
12 | 7-16-14.)
| ||||||
13 | (230 ILCS 40/25)
| ||||||
14 | Sec. 25. Restriction of licensees.
| ||||||
15 | (a) Manufacturer. A person may not be licensed as a | ||||||
16 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
17 | person has a valid
manufacturer's license issued
under this | ||||||
18 | Act. A manufacturer may only sell video gaming terminals for | ||||||
19 | use
in Illinois to
persons having a valid distributor's | ||||||
20 | license.
| ||||||
21 | (b) Distributor. A person may not sell, distribute, or | ||||||
22 | lease
or market a video gaming terminal in Illinois unless the | ||||||
23 | person has a valid
distributor's
license issued under this Act. | ||||||
24 | A distributor may only sell video gaming
terminals for use in
| ||||||
25 | Illinois to persons having a valid distributor's or terminal |
| |||||||
| |||||||
1 | operator's
license.
| ||||||
2 | (c) Terminal operator. A person may not own, maintain, or | ||||||
3 | place a video gaming terminal unless he has a valid terminal | ||||||
4 | operator's
license issued
under this Act. A terminal operator | ||||||
5 | may only place video gaming terminals for
use in
Illinois in | ||||||
6 | licensed establishments, licensed truck stop establishments, | ||||||
7 | licensed fraternal establishments,
and
licensed veterans | ||||||
8 | establishments.
No terminal operator may give anything of | ||||||
9 | value, including but not limited to
a loan or financing | ||||||
10 | arrangement, to a licensed establishment, licensed truck stop | ||||||
11 | establishment,
licensed fraternal establishment, or licensed | ||||||
12 | veterans establishment as
any incentive or inducement to locate | ||||||
13 | video terminals in that establishment.
Of the after-tax profits
| ||||||
14 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
15 | operator and 50% shall be paid to the licensed establishment, | ||||||
16 | licensed truck stop establishment,
licensed fraternal | ||||||
17 | establishment, or
licensed veterans establishment, | ||||||
18 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
19 | operator that violates one or more requirements of this | ||||||
20 | subsection is guilty of a Class 4 felony and is subject to | ||||||
21 | termination of his or her license by the Board.
| ||||||
22 | (d) Licensed technician. A person may not service, | ||||||
23 | maintain, or repair a
video gaming terminal
in this State | ||||||
24 | unless he or she (1) has a valid technician's license issued
| ||||||
25 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
26 | by a terminal
operator, distributor, or manufacturer.
|
| |||||||
| |||||||
1 | (d-5) Licensed terminal handler. No person, including, but | ||||||
2 | not limited to, an employee or independent contractor working | ||||||
3 | for a manufacturer, distributor, supplier, technician, or | ||||||
4 | terminal operator licensed pursuant to this Act, shall have | ||||||
5 | possession or control of a video gaming terminal, or access to | ||||||
6 | the inner workings of a video gaming terminal, unless that | ||||||
7 | person possesses a valid terminal handler's license issued | ||||||
8 | under this Act. | ||||||
9 | (e) Licensed establishment. No video gaming terminal may be | ||||||
10 | placed in any licensed establishment, licensed veterans | ||||||
11 | establishment, licensed truck stop establishment,
or licensed | ||||||
12 | fraternal establishment
unless the owner
or agent of the owner | ||||||
13 | of the licensed establishment, licensed veterans | ||||||
14 | establishment, licensed truck stop establishment, or licensed
| ||||||
15 | fraternal establishment has entered into a
written use | ||||||
16 | agreement with the terminal operator for placement of the
| ||||||
17 | terminals. A copy of the use agreement shall be on file in the | ||||||
18 | terminal
operator's place of business and available for | ||||||
19 | inspection by individuals
authorized by the Board. A licensed | ||||||
20 | establishment, licensed truck stop establishment, licensed | ||||||
21 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
22 | may operate up to 5 video gaming terminals on its premises at | ||||||
23 | any
time.
| ||||||
24 | (f) (Blank).
| ||||||
25 | (g) Financial interest restrictions.
As used in this Act, | ||||||
26 | "substantial interest" in a partnership, a corporation, an
|
| |||||||
| |||||||
1 | organization, an association, a business, or a limited | ||||||
2 | liability company means:
| ||||||
3 | (A) When, with respect to a sole proprietorship, an | ||||||
4 | individual or
his or her spouse owns, operates, manages, or | ||||||
5 | conducts, directly
or indirectly, the organization, | ||||||
6 | association, or business, or any part thereof;
or
| ||||||
7 | (B) When, with respect to a partnership, the individual | ||||||
8 | or his or
her spouse shares in any of the profits, or | ||||||
9 | potential profits,
of the partnership activities; or
| ||||||
10 | (C) When, with respect to a corporation, an individual | ||||||
11 | or his or her
spouse is an officer or director, or the | ||||||
12 | individual or his or her spouse is a holder, directly or | ||||||
13 | beneficially, of 5% or more of any class
of stock of the | ||||||
14 | corporation; or
| ||||||
15 | (D) When, with respect to an organization not covered | ||||||
16 | in (A), (B) or
(C) above, an individual or his or her | ||||||
17 | spouse is an officer or manages the
business affairs, or | ||||||
18 | the individual or his or her spouse is the
owner of or | ||||||
19 | otherwise controls 10% or more of the assets of the | ||||||
20 | organization;
or
| ||||||
21 | (E) When an individual or his or her spouse furnishes
| ||||||
22 | 5% or more of the capital, whether in cash, goods, or | ||||||
23 | services, for the
operation of any business, association, | ||||||
24 | or organization during any calendar
year; or | ||||||
25 | (F) When, with respect to a limited liability company, | ||||||
26 | an individual or his or her
spouse is a member, or the |
| |||||||
| |||||||
1 | individual or his or her spouse is a holder, directly or | ||||||
2 | beneficially, of 5% or more of the membership interest of | ||||||
3 | the limited liability company.
| ||||||
4 | For purposes of this subsection (g), "individual" includes | ||||||
5 | all individuals or their spouses whose combined interest would | ||||||
6 | qualify as a substantial interest under this subsection (g) and | ||||||
7 | whose activities with respect to an organization, association, | ||||||
8 | or business are so closely aligned or coordinated as to | ||||||
9 | constitute the activities of a single entity. | ||||||
10 | (h) Location restriction. A licensed establishment, | ||||||
11 | licensed truck stop establishment, licensed
fraternal
| ||||||
12 | establishment, or licensed veterans establishment that is (i) | ||||||
13 | located within 1,000
feet of a facility operated by an | ||||||
14 | organization licensee licensed under the Illinois Horse Racing | ||||||
15 | Act of 1975 or the home dock of a riverboat or location of a | ||||||
16 | land-based gambling facility licensed under the Riverboat and | ||||||
17 | Land-based
Gambling Act or (ii) located within 100 feet of a | ||||||
18 | school or a place of worship under the Religious Corporation | ||||||
19 | Act, is ineligible to operate a video gaming terminal. The | ||||||
20 | location restrictions in this subsection (h) do not apply if | ||||||
21 | (A) a facility operated by an organization licensee, a school, | ||||||
22 | or a place of worship moves to or is established within the | ||||||
23 | restricted area after a licensed establishment, licensed truck | ||||||
24 | stop establishment, licensed fraternal establishment, or | ||||||
25 | licensed veterans establishment becomes licensed under this | ||||||
26 | Act or (B) a school or place of worship moves to or is |
| |||||||
| |||||||
1 | established within the restricted area after a licensed | ||||||
2 | establishment, licensed truck stop establishment, licensed | ||||||
3 | fraternal establishment, or licensed veterans establishment | ||||||
4 | obtains its original liquor license. For the purpose of this | ||||||
5 | subsection, "school" means an elementary or secondary public | ||||||
6 | school, or an elementary or secondary private school registered | ||||||
7 | with or recognized by the State Board of Education. | ||||||
8 | Notwithstanding the provisions of this subsection (h), the | ||||||
9 | Board may waive the requirement that a licensed establishment, | ||||||
10 | licensed truck stop establishment, licensed fraternal | ||||||
11 | establishment, or licensed veterans establishment not be | ||||||
12 | located within 1,000 feet from a facility operated by an | ||||||
13 | organization licensee licensed under the Illinois Horse Racing | ||||||
14 | Act of 1975 or the home dock of a riverboat or location of a | ||||||
15 | land-based gambling facility licensed under the Riverboat and | ||||||
16 | Land-based Gambling Act. The Board shall not grant such waiver | ||||||
17 | if there is any common ownership or control, shared business | ||||||
18 | activity, or contractual arrangement of any type between the | ||||||
19 | establishment and the organization licensee or owners licensee | ||||||
20 | of a riverboat or land-based gambling facility . The Board shall | ||||||
21 | adopt rules to implement the provisions of this paragraph. | ||||||
22 | (i) Undue economic concentration. In addition to | ||||||
23 | considering all other requirements under this Act, in deciding | ||||||
24 | whether to approve the operation of video gaming terminals by a | ||||||
25 | terminal operator in a location, the Board shall consider the | ||||||
26 | impact of any economic concentration of such operation of video |
| |||||||
| |||||||
1 | gaming terminals. The Board shall not allow a terminal operator | ||||||
2 | to operate video gaming terminals if the Board determines such | ||||||
3 | operation will result in undue economic concentration. For | ||||||
4 | purposes of this Section, "undue economic concentration" means | ||||||
5 | that a terminal operator would have such actual or potential | ||||||
6 | influence over video gaming terminals in Illinois as to: | ||||||
7 | (1) substantially impede or suppress competition among | ||||||
8 | terminal operators; | ||||||
9 | (2) adversely impact the economic stability of the | ||||||
10 | video gaming industry in Illinois; or | ||||||
11 | (3) negatively impact the purposes of the Video Gaming | ||||||
12 | Act. | ||||||
13 | The Board shall adopt rules concerning undue economic | ||||||
14 | concentration with respect to the operation of video gaming | ||||||
15 | terminals in Illinois. The rules shall include, but not be | ||||||
16 | limited to, (i) limitations on the number of video gaming | ||||||
17 | terminals operated by any terminal operator within a defined | ||||||
18 | geographic radius and (ii) guidelines on the discontinuation of | ||||||
19 | operation of any such video gaming terminals the Board | ||||||
20 | determines will cause undue economic concentration.
| ||||||
21 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
22 | and equally applicable to the activities of any licensee under | ||||||
23 | this Act.
| ||||||
24 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | ||||||
25 | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | (230 ILCS 40/45)
| ||||||
2 | Sec. 45. Issuance of license.
| ||||||
3 | (a) The burden is upon each applicant to
demonstrate his | ||||||
4 | suitability for licensure. Each video gaming terminal
| ||||||
5 | manufacturer, distributor, supplier, operator, handler, | ||||||
6 | licensed establishment, licensed truck stop establishment, | ||||||
7 | licensed
fraternal
establishment, and licensed veterans | ||||||
8 | establishment shall be
licensed by the Board.
The Board may | ||||||
9 | issue or deny a license under this Act to any person pursuant | ||||||
10 | to the same criteria set forth in Section 9 of the Riverboat | ||||||
11 | and Land-based Gambling Act.
| ||||||
12 | (a-5) The Board shall not grant a license to a person who | ||||||
13 | has facilitated, enabled, or participated in the use of | ||||||
14 | coin-operated devices for gambling purposes or who is under the | ||||||
15 | significant influence or control of such a person. For the | ||||||
16 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
17 | the use of coin-operated amusement devices for gambling | ||||||
18 | purposes" means that the person has been convicted of any | ||||||
19 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012. If there is pending legal action against | ||||||
21 | a person for any such violation, then the Board shall delay the | ||||||
22 | licensure of that person until the legal action is resolved. | ||||||
23 | (b) Each person seeking and possessing a license as a video | ||||||
24 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
25 | handler, licensed establishment, licensed truck stop | ||||||
26 | establishment, licensed fraternal establishment, or licensed |
| |||||||
| |||||||
1 | veterans establishment shall submit to a background | ||||||
2 | investigation conducted by the Board with the assistance of the | ||||||
3 | State Police or other law enforcement. To the extent that the | ||||||
4 | corporate structure of the applicant allows, the background | ||||||
5 | investigation shall include any or all of the following as the | ||||||
6 | Board deems appropriate or as provided by rule for each | ||||||
7 | category of licensure: (i) each beneficiary of a trust, (ii) | ||||||
8 | each partner of a partnership, (iii) each member of a limited | ||||||
9 | liability company, (iv) each director and officer of a publicly | ||||||
10 | or non-publicly held corporation, (v) each stockholder of a | ||||||
11 | non-publicly held corporation, (vi) each stockholder of 5% or | ||||||
12 | more of a publicly held corporation, or (vii) each stockholder | ||||||
13 | of 5% or more in a parent or subsidiary corporation. | ||||||
14 | (c) Each person seeking and possessing a license as a video | ||||||
15 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
16 | handler, licensed establishment, licensed truck stop | ||||||
17 | establishment, licensed fraternal establishment, or licensed | ||||||
18 | veterans establishment shall disclose the identity of every | ||||||
19 | person, association, trust, corporation, or limited liability | ||||||
20 | company having a greater than 1% direct or indirect pecuniary | ||||||
21 | interest in the video gaming terminal operation for which the | ||||||
22 | license is sought. If the disclosed entity is a trust, the | ||||||
23 | application shall disclose the names and addresses of the | ||||||
24 | beneficiaries; if a corporation, the names and addresses of all | ||||||
25 | stockholders and directors; if a limited liability company, the | ||||||
26 | names and addresses of all members; or if a partnership, the |
| |||||||
| |||||||
1 | names and addresses of all partners, both general and limited. | ||||||
2 | (d) No person may be licensed as a video gaming terminal | ||||||
3 | manufacturer, distributor, supplier, operator, handler, | ||||||
4 | licensed establishment, licensed truck stop establishment, | ||||||
5 | licensed fraternal establishment, or licensed veterans | ||||||
6 | establishment if that person has been found by the Board to: | ||||||
7 | (1) have a background, including a criminal record, | ||||||
8 | reputation, habits, social or business associations, or | ||||||
9 | prior activities that pose a threat to the public interests | ||||||
10 | of the State or to the security and integrity of video | ||||||
11 | gaming; | ||||||
12 | (2) create or enhance the dangers of unsuitable, | ||||||
13 | unfair, or illegal practices, methods, and activities in | ||||||
14 | the conduct of video gaming; or | ||||||
15 | (3) present questionable business practices and | ||||||
16 | financial arrangements incidental to the conduct of video | ||||||
17 | gaming activities. | ||||||
18 | (e) Any applicant for any license under this Act has the | ||||||
19 | burden of proving his or her qualifications to the satisfaction | ||||||
20 | of the Board. The Board may adopt rules to establish additional | ||||||
21 | qualifications and requirements to preserve the integrity and | ||||||
22 | security of video gaming in this State. | ||||||
23 | (f) A non-refundable application fee shall be paid at the | ||||||
24 | time an
application for a license is filed with the Board in | ||||||
25 | the following amounts:
| ||||||
26 | (1) Manufacturer ..........................$5,000
|
| |||||||
| |||||||
1 | (2) Distributor ...........................$5,000
| ||||||
2 | (3) Terminal operator .....................$5,000
| ||||||
3 | (4) Supplier ..............................$2,500
| ||||||
4 | (5) Technician ..............................$100
| ||||||
5 | (6) Terminal Handler ..............................$50 | ||||||
6 | (g) The Board shall establish an
annual fee for each | ||||||
7 | license not to exceed the following: | ||||||
8 | (1) Manufacturer .........................$10,000
| ||||||
9 | (2) Distributor ..........................$10,000
| ||||||
10 | (3) Terminal operator .....................$5,000
| ||||||
11 | (4) Supplier ..............................$2,000
| ||||||
12 | (5) Technician ..............................$100
| ||||||
13 | (6) Licensed establishment, licensed truck stop
| ||||||
14 | establishment, licensed fraternal establishment,
| ||||||
15 | or licensed veterans establishment ..............$100
| ||||||
16 | (7) Video gaming terminal ...................$100
| ||||||
17 | (8) Terminal Handler ..............................$50
| ||||||
18 | (h) A terminal operator and a licensed establishment, | ||||||
19 | licensed truck stop establishment, licensed fraternal | ||||||
20 | establishment,
or licensed veterans establishment shall | ||||||
21 | equally split the fees specified in item (7) of subsection (g). | ||||||
22 | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | ||||||
23 | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
24 | (230 ILCS 40/79) | ||||||
25 | Sec. 79. Investigators. Investigators appointed by the |
| |||||||
| |||||||
1 | Board pursuant to the powers conferred upon the Board by | ||||||
2 | paragraph (20.6) of subsection (c) of Section 5 of the | ||||||
3 | Riverboat and Land-based Gambling Act and Section 80 of this | ||||||
4 | Act shall have authority to conduct investigations, searches, | ||||||
5 | seizures, arrests, and other duties imposed under this Act and | ||||||
6 | the Riverboat and Land-based Gambling Act, as deemed necessary | ||||||
7 | by the Board. These investigators have and may exercise all of | ||||||
8 | the rights and powers of peace officers, provided that these | ||||||
9 | powers shall be (1) limited to offenses or violations occurring | ||||||
10 | or committed in connection with conduct subject to this Act, | ||||||
11 | including, but not limited to, the manufacture, distribution, | ||||||
12 | supply, operation, placement, service, maintenance, or play of | ||||||
13 | video gaming terminals and the distribution of profits and | ||||||
14 | collection of revenues resulting from such play, and (2) | ||||||
15 | exercised, to the fullest extent practicable, in cooperation | ||||||
16 | with the local police department of the applicable municipality | ||||||
17 | or, if these powers are exercised outside the boundaries of an | ||||||
18 | incorporated municipality or within a municipality that does | ||||||
19 | not have its own police department, in cooperation with the | ||||||
20 | police department whose jurisdiction encompasses the | ||||||
21 | applicable locality.
| ||||||
22 | (Source: P.A. 97-809, eff. 7-13-12.)
| ||||||
23 | (230 ILCS 40/80)
| ||||||
24 | Sec. 80. Applicability of Illinois Riverboat and | ||||||
25 | Land-based Gambling Act. The provisions of the Illinois |
| |||||||
| |||||||
1 | Riverboat and Land-based Gambling Act, and all rules | ||||||
2 | promulgated thereunder, shall apply to the Video Gaming Act, | ||||||
3 | except where there is a conflict between the 2 Acts. All | ||||||
4 | provisions of the Uniform Penalty and Interest Act shall apply, | ||||||
5 | as far as practicable, to the subject matter of this Act to the | ||||||
6 | same extent as if such provisions were included herein.
| ||||||
7 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
8 | Section 45. The Liquor Control Act of 1934 is amended by | ||||||
9 | changing Sections 5-1 and 6-30 as follows: | ||||||
10 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
11 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
12 | Commission
shall be of the following classes: | ||||||
13 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
14 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
15 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
16 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
17 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
18 | 10. Craft Brewer, | ||||||
19 | (b) Distributor's license, | ||||||
20 | (c) Importing Distributor's license, | ||||||
21 | (d) Retailer's license, | ||||||
22 | (e) Special Event Retailer's license (not-for-profit), | ||||||
23 | (f) Railroad license, | ||||||
24 | (g) Boat license, |
| |||||||
| |||||||
1 | (h) Non-Beverage User's license, | ||||||
2 | (i) Wine-maker's premises license, | ||||||
3 | (j) Airplane license, | ||||||
4 | (k) Foreign importer's license, | ||||||
5 | (l) Broker's license, | ||||||
6 | (m) Non-resident dealer's
license, | ||||||
7 | (n) Brew Pub license, | ||||||
8 | (o) Auction liquor license, | ||||||
9 | (p) Caterer retailer license, | ||||||
10 | (q) Special use permit license, | ||||||
11 | (r) Winery shipper's license.
| ||||||
12 | No
person, firm, partnership, corporation, or other legal | ||||||
13 | business entity that is
engaged in the manufacturing of wine | ||||||
14 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
15 | wine manufacturer's license. | ||||||
16 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
17 | importation in bulk, storage, distribution and sale of | ||||||
18 | alcoholic liquor
to persons without the State, as may be | ||||||
19 | permitted by law and to licensees
in this State as follows: | ||||||
20 | Class 1. A Distiller may make sales and deliveries of | ||||||
21 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
22 | distributors, distributors and
non-beverage users and to no | ||||||
23 | other licensees. | ||||||
24 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
25 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
26 | rectifiers, importing distributors,
distributors, retailers |
| |||||||
| |||||||
1 | and non-beverage users and to no other licensees. | ||||||
2 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
3 | importing
distributors and distributors and may make sales as | ||||||
4 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
5 | Class 4. A first class wine-manufacturer may make sales and | ||||||
6 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
7 | importing
distributors and distributors, and to no other | ||||||
8 | licensees. | ||||||
9 | Class 5. A second class Wine manufacturer may make sales | ||||||
10 | and deliveries
of more than 50,000 gallons of wine to | ||||||
11 | manufacturers, importing distributors
and distributors and to | ||||||
12 | no other licensees. | ||||||
13 | Class 6. A first-class wine-maker's license shall allow the | ||||||
14 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
15 | storage
and sale of such
wine to distributors in the State and | ||||||
16 | to persons without the
State, as may be permitted by law. A | ||||||
17 | person who, prior to the effective date of this amendatory Act | ||||||
18 | of the 95th General Assembly, is a holder of a first-class | ||||||
19 | wine-maker's license and annually produces more than 25,000 | ||||||
20 | gallons of its own wine and who distributes its wine to | ||||||
21 | licensed retailers shall cease this practice on or before July | ||||||
22 | 1, 2008 in compliance with this amendatory Act of the 95th | ||||||
23 | General Assembly. | ||||||
24 | Class 7. A second-class wine-maker's license shall allow | ||||||
25 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
26 | per year, and
the
storage and sale of such wine
to distributors |
| |||||||
| |||||||
1 | in this State and to persons without the State, as may be
| ||||||
2 | permitted by law. A person who, prior to the effective date of | ||||||
3 | this amendatory Act of the 95th General Assembly, is a holder | ||||||
4 | of a second-class wine-maker's license and annually produces | ||||||
5 | more than 25,000 gallons of its own wine and who distributes | ||||||
6 | its wine to licensed retailers shall cease this practice on or | ||||||
7 | before July 1, 2008 in compliance with this amendatory Act of | ||||||
8 | the 95th General Assembly. | ||||||
9 | Class 8. A limited wine-manufacturer may make sales and | ||||||
10 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
11 | distributors, and to
non-licensees in accordance with the | ||||||
12 | provisions of this Act. | ||||||
13 | Class 9. A craft distiller license shall allow the | ||||||
14 | manufacture of up to 30,000 gallons of spirits by distillation | ||||||
15 | for one year after the effective date of this amendatory Act of | ||||||
16 | the 97th General Assembly and up to 35,000 gallons of spirits | ||||||
17 | by distillation per year thereafter and the storage of such | ||||||
18 | spirits. If a craft distiller licensee is not affiliated with | ||||||
19 | any other manufacturer, then the craft distiller licensee may | ||||||
20 | sell such spirits to distributors in this State and up to 2,500 | ||||||
21 | gallons of such spirits to non-licensees to the extent | ||||||
22 | permitted by any exemption approved by the Commission pursuant | ||||||
23 | to Section 6-4 of this Act. | ||||||
24 | Any craft distiller licensed under this Act who on the | ||||||
25 | effective date of this amendatory Act of the 96th General | ||||||
26 | Assembly was licensed as a distiller and manufactured no more |
| |||||||
| |||||||
1 | spirits than permitted by this Section shall not be required to | ||||||
2 | pay the initial licensing fee. | ||||||
3 | Class 10. A craft brewer's license, which may only be | ||||||
4 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
5 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
6 | per year. A craft brewer licensee may make sales and deliveries | ||||||
7 | to importing distributors and distributors and to retail | ||||||
8 | licensees in accordance with the conditions set forth in | ||||||
9 | paragraph (18) of subsection (a) of Section 3-12 of this Act. | ||||||
10 | (a-1) A manufacturer which is licensed in this State to | ||||||
11 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
12 | distributors or importing distributors and which enlists | ||||||
13 | agents, representatives, or
individuals acting on its behalf | ||||||
14 | who contact licensed retailers on a regular
and continual basis | ||||||
15 | in this State must register those agents, representatives,
or | ||||||
16 | persons acting on its behalf with the State Commission. | ||||||
17 | Registration of agents, representatives, or persons acting | ||||||
18 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
19 | to the Commission. The form
shall be developed by the | ||||||
20 | Commission and shall include the name and address of
the | ||||||
21 | applicant, the name and address of the manufacturer he or she | ||||||
22 | represents,
the territory or areas assigned to sell to or | ||||||
23 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
24 | questions deemed appropriate and necessary.
All statements in | ||||||
25 | the forms required to be made by law or by rule shall be
deemed | ||||||
26 | material, and any person who knowingly misstates any material |
| |||||||
| |||||||
1 | fact under
oath in an application is guilty of a Class B | ||||||
2 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
3 | misleading statements, evasions, or
suppression of material | ||||||
4 | facts in the securing of a registration are grounds for
| ||||||
5 | suspension or revocation of the registration. The State | ||||||
6 | Commission shall post a list of registered agents on the | ||||||
7 | Commission's website. | ||||||
8 | (b) A distributor's license shall allow the wholesale | ||||||
9 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
10 | liquors to licensees
in this State and to persons without the | ||||||
11 | State, as may be permitted by law. | ||||||
12 | (c) An importing distributor's license may be issued to and | ||||||
13 | held by
those only who are duly licensed distributors, upon the | ||||||
14 | filing of an
application by a duly licensed distributor, with | ||||||
15 | the Commission and
the Commission shall, without the
payment of | ||||||
16 | any fee, immediately issue such importing distributor's
| ||||||
17 | license to the applicant, which shall allow the importation of | ||||||
18 | alcoholic
liquor by the licensee into this State from any point | ||||||
19 | in the United
States outside this State, and the purchase of | ||||||
20 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
21 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
22 | but all bottles or containers
so filled shall be sealed, | ||||||
23 | labeled, stamped and otherwise made to comply
with all | ||||||
24 | provisions, rules and regulations governing manufacturers in
| ||||||
25 | the preparation and bottling of alcoholic liquors. The | ||||||
26 | importing
distributor's license shall permit such licensee to |
| |||||||
| |||||||
1 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
2 | dealers and foreign importers only. | ||||||
3 | (d) A retailer's license shall allow the licensee to sell | ||||||
4 | and offer
for sale at retail, only in the premises specified in | ||||||
5 | the license,
alcoholic liquor for use or consumption, but not | ||||||
6 | for resale in any form. Nothing in this amendatory Act of the | ||||||
7 | 95th General Assembly shall deny, limit, remove, or restrict | ||||||
8 | the ability of a holder of a retailer's license to transfer, | ||||||
9 | deliver, or ship alcoholic liquor to the purchaser for use or | ||||||
10 | consumption subject to any applicable local law or ordinance. | ||||||
11 | Any retail license issued to a manufacturer shall only
permit | ||||||
12 | the manufacturer to sell beer at retail on the premises | ||||||
13 | actually
occupied by the manufacturer. For the purpose of | ||||||
14 | further describing the type of business conducted at a retail | ||||||
15 | licensed premises, a retailer's licensee may be designated by | ||||||
16 | the State Commission as (i) an on premise consumption retailer, | ||||||
17 | (ii) an off premise sale retailer, or (iii) a combined on | ||||||
18 | premise consumption and off premise sale retailer.
| ||||||
19 | Notwithstanding any other provision of this subsection | ||||||
20 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
21 | event retailer licensee for
resale to the extent permitted | ||||||
22 | under subsection (e). | ||||||
23 | (e) A special event retailer's license (not-for-profit) | ||||||
24 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
25 | Illinois licensed distributor
(unless the licensee purchases | ||||||
26 | less than $500 of alcoholic liquors for the
special event, in |
| |||||||
| |||||||
1 | which case the licensee may purchase the alcoholic liquors
from | ||||||
2 | a licensed retailer) and shall allow the licensee to sell and | ||||||
3 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
4 | consumption, but not for resale
in any form and only at the | ||||||
5 | location and on the specific dates designated for
the special | ||||||
6 | event in the license. An applicant for a special event retailer
| ||||||
7 | license must
(i) furnish with the application: (A) a resale | ||||||
8 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
9 | Act or evidence that the applicant is
registered under Section | ||||||
10 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
11 | exemption identification
number issued under Section 1g of the | ||||||
12 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
13 | Commission that the purchase of alcoholic liquors will be
a | ||||||
14 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
15 | not registered
under Section 2a of the Retailers' Occupation | ||||||
16 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
17 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
18 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
19 | in which event the Commission shall set forth on the special | ||||||
20 | event
retailer's license a statement to that effect; (ii) | ||||||
21 | submit with the application proof satisfactory to
the State | ||||||
22 | Commission that the applicant will provide dram shop liability
| ||||||
23 | insurance in the maximum limits; and (iii) show proof | ||||||
24 | satisfactory to the
State Commission that the applicant has | ||||||
25 | obtained local authority
approval. | ||||||
26 | (f) A railroad license shall permit the licensee to import |
| |||||||
| |||||||
1 | alcoholic
liquors into this State from any point in the United | ||||||
2 | States outside this
State and to store such alcoholic liquors | ||||||
3 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
4 | directly from manufacturers, foreign
importers, distributors | ||||||
5 | and importing distributors from within or outside
this State; | ||||||
6 | and to store such alcoholic liquors in this State; provided
| ||||||
7 | that the above powers may be exercised only in connection with | ||||||
8 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
9 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
10 | operated on an electric,
gas or steam railway in this State; | ||||||
11 | and provided further, that railroad
licensees exercising the | ||||||
12 | above powers shall be subject to all provisions of
Article VIII | ||||||
13 | of this Act as applied to importing distributors. A railroad
| ||||||
14 | license shall also permit the licensee to sell or dispense | ||||||
15 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
16 | operated on an electric,
gas or steam railway regularly | ||||||
17 | operated by a common carrier in this State,
but shall not | ||||||
18 | permit the sale for resale of any alcoholic liquors to any
| ||||||
19 | licensee within this State. A license shall be obtained for | ||||||
20 | each car in which
such sales are made. | ||||||
21 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
22 | in
individual drinks, on any passenger boat regularly operated | ||||||
23 | as a common
carrier on navigable waters in this State or on any | ||||||
24 | riverboat operated
under
the Riverboat and Land-based Gambling | ||||||
25 | Act, which boat or riverboat maintains a public
dining room or | ||||||
26 | restaurant thereon. |
| |||||||
| |||||||
1 | (h) A non-beverage user's license shall allow the licensee | ||||||
2 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
3 | importing
distributor, without the imposition of any tax upon | ||||||
4 | the business of such
licensed manufacturer or importing | ||||||
5 | distributor as to such alcoholic
liquor to be used by such | ||||||
6 | licensee solely for the non-beverage purposes
set forth in | ||||||
7 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
8 | shall be divided and classified and shall permit the
purchase, | ||||||
9 | possession and use of limited and stated quantities of
| ||||||
10 | alcoholic liquor as follows: | ||||||
11 | Class 1, not to exceed ......................... 500 gallons
| ||||||
12 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
13 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
14 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
15 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
16 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
17 | that concurrently holds a first-class wine-maker's license to | ||||||
18 | sell
and offer for sale at retail in the premises specified in | ||||||
19 | such license
not more than 50,000 gallons of the first-class | ||||||
20 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
21 | licensed premises per year for use or
consumption, but not for | ||||||
22 | resale in any form. A wine-maker's premises
license shall allow | ||||||
23 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
24 | license to sell and offer for sale at retail in the premises
| ||||||
25 | specified in such license up to 100,000 gallons of the
| ||||||
26 | second-class wine-maker's wine that is made at the second-class |
| |||||||
| |||||||
1 | wine-maker's
licensed premises per year
for use or consumption | ||||||
2 | but not for resale in any form. A wine-maker's premises license | ||||||
3 | shall allow a
licensee that concurrently holds a first-class | ||||||
4 | wine-maker's license or a second-class
wine-maker's license to | ||||||
5 | sell
and offer for sale at retail at the premises specified in | ||||||
6 | the wine-maker's premises license, for use or consumption but | ||||||
7 | not for resale in any form, any beer, wine, and spirits | ||||||
8 | purchased from a licensed distributor. Upon approval from the
| ||||||
9 | State Commission, a wine-maker's premises license
shall allow | ||||||
10 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
11 | licensed premises and (ii) at up to 2 additional locations for | ||||||
12 | use and
consumption and not for resale. Each location shall | ||||||
13 | require additional
licensing per location as specified in | ||||||
14 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
15 | secure liquor liability insurance coverage in an amount at
| ||||||
16 | least equal to the maximum liability amounts set forth in
| ||||||
17 | subsection (a) of Section 6-21 of this Act.
| ||||||
18 | (j) An airplane license shall permit the licensee to import
| ||||||
19 | alcoholic liquors into this State from any point in the United | ||||||
20 | States
outside this State and to store such alcoholic liquors | ||||||
21 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
22 | directly from
manufacturers, foreign importers, distributors | ||||||
23 | and importing
distributors from within or outside this State; | ||||||
24 | and to store such
alcoholic liquors in this State; provided | ||||||
25 | that the above powers may be
exercised only in connection with | ||||||
26 | the importation, purchase or storage
of alcoholic liquors to be |
| |||||||
| |||||||
1 | sold or dispensed on an airplane; and
provided further, that | ||||||
2 | airplane licensees exercising the above powers
shall be subject | ||||||
3 | to all provisions of Article VIII of this Act as
applied to | ||||||
4 | importing distributors. An airplane licensee shall also
permit | ||||||
5 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
6 | airplane regularly operated by a common carrier in this State, | ||||||
7 | but shall
not permit the sale for resale of any alcoholic | ||||||
8 | liquors to any licensee
within this State. A single airplane | ||||||
9 | license shall be required of an
airline company if liquor | ||||||
10 | service is provided on board aircraft in this
State. The annual | ||||||
11 | fee for such license shall be as determined in
Section 5-3. | ||||||
12 | (k) A foreign importer's license shall permit such licensee | ||||||
13 | to purchase
alcoholic liquor from Illinois licensed | ||||||
14 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
15 | than in bulk from any point outside the
United States and to | ||||||
16 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
17 | distributors and to no one else in Illinois;
provided that (i) | ||||||
18 | the foreign importer registers with the State Commission
every
| ||||||
19 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
20 | licensees during the
license period, (ii) the foreign importer | ||||||
21 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
22 | with respect to registration of such Illinois licensees as may
| ||||||
23 | be granted the
right to sell such brands at wholesale, and | ||||||
24 | (iii) the foreign importer complies with the provisions of | ||||||
25 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
26 | provisions apply to manufacturers. |
| |||||||
| |||||||
1 | (l) (i) A broker's license shall be required of all persons
| ||||||
2 | who solicit
orders for, offer to sell or offer to supply | ||||||
3 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
4 | offer to retailers to ship or
cause to be shipped or to make | ||||||
5 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
6 | or any other party within or without the State
of Illinois in | ||||||
7 | order that alcoholic liquors be shipped to a distributor,
| ||||||
8 | importing distributor or foreign importer, whether such | ||||||
9 | solicitation or
offer is consummated within or without the | ||||||
10 | State of Illinois. | ||||||
11 | No holder of a retailer's license issued by the Illinois | ||||||
12 | Liquor
Control Commission shall purchase or receive any | ||||||
13 | alcoholic liquor, the
order for which was solicited or offered | ||||||
14 | for sale to such retailer by a
broker unless the broker is the | ||||||
15 | holder of a valid broker's license. | ||||||
16 | The broker shall, upon the acceptance by a retailer of the | ||||||
17 | broker's
solicitation of an order or offer to sell or supply or | ||||||
18 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
19 | to the Illinois Liquor
Control Commission a notification of | ||||||
20 | said transaction in such form as
the Commission may by | ||||||
21 | regulations prescribe. | ||||||
22 | (ii) A broker's license shall be required of
a person | ||||||
23 | within this State, other than a retail licensee,
who, for a fee | ||||||
24 | or commission, promotes, solicits, or accepts orders for
| ||||||
25 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
26 | be shipped from this State and delivered to residents outside |
| |||||||
| |||||||
1 | of
this State by an express company, common carrier, or | ||||||
2 | contract carrier.
This Section does not apply to any person who | ||||||
3 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
4 | authorized in Section 6-29 of this Act. | ||||||
5 | A broker's license under this subsection (l)
shall not | ||||||
6 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
7 | own account or to take or deliver title to
such alcoholic | ||||||
8 | liquors. | ||||||
9 | This subsection (l)
shall not apply to distributors, | ||||||
10 | employees of
distributors, or employees of a manufacturer who | ||||||
11 | has registered the
trademark, brand or name of the alcoholic | ||||||
12 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
13 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
14 | its registrants thereunder. | ||||||
15 | Any agent, representative, or person subject to | ||||||
16 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
17 | not be eligible to receive a broker's
license. | ||||||
18 | (m) A non-resident dealer's license shall permit such | ||||||
19 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
20 | State from any point
outside of this State, and to sell such | ||||||
21 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
22 | importing distributors and to no one else in this State;
| ||||||
23 | provided that (i) said non-resident dealer shall register with | ||||||
24 | the Illinois Liquor
Control Commission each and every brand of | ||||||
25 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
26 | licensees during the license period, (ii) it shall comply with |
| |||||||
| |||||||
1 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
2 | registration of such Illinois licensees as may be granted the | ||||||
3 | right
to sell such brands at wholesale, and (iii) the | ||||||
4 | non-resident dealer shall comply with the provisions of | ||||||
5 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
6 | provisions apply to manufacturers. | ||||||
7 | (n) A brew pub license shall allow the licensee (i) to | ||||||
8 | manufacture beer only
on the premises specified in the license, | ||||||
9 | (ii) to make sales of the
beer manufactured on the premises or, | ||||||
10 | with the approval of the Commission, beer manufactured on | ||||||
11 | another brew pub licensed premises that is substantially owned | ||||||
12 | and operated by the same licensee to importing distributors, | ||||||
13 | distributors,
and to non-licensees for use and consumption, | ||||||
14 | (iii) to store the beer upon
the premises, and (iv) to sell and | ||||||
15 | offer for sale at retail from the licensed
premises, provided | ||||||
16 | that a brew pub licensee shall not sell for off-premises
| ||||||
17 | consumption more than 50,000 gallons per year. A person who | ||||||
18 | holds a brew pub license may simultaneously hold a craft brewer | ||||||
19 | license if he or she otherwise qualifies for the craft brewer | ||||||
20 | license and the craft brewer license is for a location separate | ||||||
21 | from the brew pub's licensed premises. A brew pub license shall | ||||||
22 | permit a person who has received prior approval from the | ||||||
23 | Commission to annually transfer no more than a total of 50,000 | ||||||
24 | gallons of beer manufactured on premises to all other licensed | ||||||
25 | brew pubs that are substantially owned and operated by the same | ||||||
26 | person. |
| |||||||
| |||||||
1 | (o) A caterer retailer license shall allow the holder
to | ||||||
2 | serve alcoholic liquors as an incidental part of a food service | ||||||
3 | that serves
prepared meals which excludes the serving of snacks | ||||||
4 | as
the primary meal, either on or off-site whether licensed or | ||||||
5 | unlicensed. | ||||||
6 | (p) An auction liquor license shall allow the licensee to | ||||||
7 | sell and offer
for sale at auction wine and spirits for use or | ||||||
8 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
9 | accordance with provisions of this Act. An
auction liquor | ||||||
10 | license will be issued to a person and it will permit the
| ||||||
11 | auction liquor licensee to hold the auction anywhere in the | ||||||
12 | State. An auction
liquor license must be obtained for each | ||||||
13 | auction at least 14 days in advance of
the auction date. | ||||||
14 | (q) A special use permit license shall allow an Illinois | ||||||
15 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
16 | inventory from its
retail licensed premises to the premises | ||||||
17 | specified in the license hereby
created, and to sell or offer | ||||||
18 | for sale at retail, only in the premises
specified in the | ||||||
19 | license hereby created, the transferred alcoholic liquor for
| ||||||
20 | use or consumption, but not for resale in any form. A special | ||||||
21 | use permit
license may be granted for the following time | ||||||
22 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
23 | per location in any 12 month period. An
applicant for the | ||||||
24 | special use permit license must also submit with the
| ||||||
25 | application proof satisfactory to the State Commission that the | ||||||
26 | applicant will
provide dram shop liability insurance to the |
| |||||||
| |||||||
1 | maximum limits and have local
authority approval. | ||||||
2 | (r) A winery shipper's license shall allow a person
with a | ||||||
3 | first-class or second-class wine manufacturer's
license, a | ||||||
4 | first-class or second-class wine-maker's license,
or a limited | ||||||
5 | wine manufacturer's license or who is licensed to
make wine | ||||||
6 | under the laws of another state to ship wine
made by that | ||||||
7 | licensee directly to a resident of this
State who is 21 years | ||||||
8 | of age or older for that resident's
personal use and not for | ||||||
9 | resale. Prior to receiving a
winery shipper's license, an | ||||||
10 | applicant for the license must
provide the Commission with a | ||||||
11 | true copy of its current
license in any state in which it is | ||||||
12 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
13 | shipper's license must
also complete an application form that | ||||||
14 | provides any other
information the Commission deems necessary. | ||||||
15 | The
application form shall include an acknowledgement | ||||||
16 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
17 | Department of Revenue, and the courts of this State concerning
| ||||||
18 | the enforcement of this Act and any related laws, rules, and
| ||||||
19 | regulations, including authorizing the Department of Revenue
| ||||||
20 | and the Commission to conduct audits for the purpose of
| ||||||
21 | ensuring compliance with this amendatory Act. | ||||||
22 | A winery shipper licensee must pay to the Department
of | ||||||
23 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
24 | all wine that is sold by the licensee and shipped to a person
| ||||||
25 | in this State. For the purposes of Section 8-1, a winery
| ||||||
26 | shipper licensee shall be taxed in the same manner as a
|
| |||||||
| |||||||
1 | manufacturer of wine. A licensee who is not otherwise required | ||||||
2 | to register under the Retailers' Occupation Tax Act must
| ||||||
3 | register under the Use Tax Act to collect and remit use tax to
| ||||||
4 | the Department of Revenue for all gallons of wine that are sold
| ||||||
5 | by the licensee and shipped to persons in this State. If a
| ||||||
6 | licensee fails to remit the tax imposed under this Act in
| ||||||
7 | accordance with the provisions of Article VIII of this Act, the
| ||||||
8 | winery shipper's license shall be revoked in accordance
with | ||||||
9 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
10 | to properly register and remit tax under the Use Tax Act
or the | ||||||
11 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
12 | winery shipper and shipped to persons in this
State, the winery | ||||||
13 | shipper's license shall be revoked in
accordance with the | ||||||
14 | provisions of Article VII of this Act. | ||||||
15 | A winery shipper licensee must collect, maintain, and
| ||||||
16 | submit to the Commission on a semi-annual basis the
total | ||||||
17 | number of cases per resident of wine shipped to residents
of | ||||||
18 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
19 | must comply with the requirements of Section 6-29 of this | ||||||
20 | amendatory Act.
| ||||||
21 | (Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813, | ||||||
22 | eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13; | ||||||
23 | 98-401, eff. 8-16-13; 98-756, eff. 7-16-14.)
| ||||||
24 | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
| ||||||
25 | Sec. 6-30.
Notwithstanding any other provision of this Act, |
| |||||||
| |||||||
1 | the
Illinois Gaming Board shall have exclusive authority to | ||||||
2 | establish the hours
for sale and consumption of alcoholic | ||||||
3 | liquor on board a riverboat during
riverboat gambling | ||||||
4 | excursions conducted in accordance with the Riverboat and | ||||||
5 | Land-based
Gambling Act.
| ||||||
6 | (Source: P.A. 87-826.)
| ||||||
7 | Section 50. The Illinois Public Aid Code is amended by | ||||||
8 | changing Section 10-17.15 as follows: | ||||||
9 | (305 ILCS 5/10-17.15) | ||||||
10 | Sec. 10-17.15. Certification of information to State | ||||||
11 | gaming licensees. | ||||||
12 | (a) For purposes of this Section, "State gaming licensee" | ||||||
13 | means, as applicable, an organization licensee or advance | ||||||
14 | deposit wagering licensee licensed under the Illinois Horse | ||||||
15 | Racing Act of 1975, an owners licensee licensed under the | ||||||
16 | Riverboat and Land-based Gambling Act, or a licensee that | ||||||
17 | operates, under any law of this State, one or more facilities | ||||||
18 | or gaming locations at which lawful gambling is authorized and | ||||||
19 | licensed as provided in the Riverboat and Land-based Gambling | ||||||
20 | Act. | ||||||
21 | (b) The Department may provide, by rule, for certification | ||||||
22 | to any State gaming licensee of past due child support owed by | ||||||
23 | a responsible relative under a support order entered by a court | ||||||
24 | or administrative body of this or any other State on behalf of |
| |||||||
| |||||||
1 | a resident or non-resident receiving child support services | ||||||
2 | under this Article in accordance with the requirements of Title | ||||||
3 | IV-D, Part D, of the Social Security Act. The State gaming | ||||||
4 | licensee shall have the ability to withhold from winnings | ||||||
5 | required to be reported to the Internal Revenue Service on Form | ||||||
6 | W-2G, up to the full amount of winnings necessary to pay the | ||||||
7 | winner's past due child support. The rule shall provide for | ||||||
8 | notice to and an opportunity to be heard by each responsible | ||||||
9 | relative affected and any final administrative decision | ||||||
10 | rendered by the Department shall be reviewed only under and in | ||||||
11 | accordance with the Administrative Review Law. | ||||||
12 | (c) For withholding of winnings, the State gaming licensee | ||||||
13 | shall be entitled to an administrative fee not to exceed the | ||||||
14 | lesser of 4% of the total amount of cash winnings paid to the | ||||||
15 | gambling winner or $150. | ||||||
16 | (d) In no event may the total amount withheld from the cash | ||||||
17 | payout, including the administrative fee, exceed the total cash | ||||||
18 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
19 | greater than the amount sufficient to satisfy the obligor's | ||||||
20 | delinquent child support payments, the State gaming licensee | ||||||
21 | shall pay the obligor the remaining balance of the payout, less | ||||||
22 | the administrative fee authorized by subsection (c) of this | ||||||
23 | Section, at the time it is claimed. | ||||||
24 | (e) A State gaming licensee who in good faith complies with | ||||||
25 | the requirements of this Section shall not be liable to the | ||||||
26 | gaming winner or any other individual or entity.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-318, eff. 8-12-13.) | ||||||
2 | Section 55. The Firearm Concealed Carry Act is amended by | ||||||
3 | changing Section 65 as follows: | ||||||
4 | (430 ILCS 66/65)
| ||||||
5 | Sec. 65. Prohibited areas. | ||||||
6 | (a) A licensee under this Act shall not knowingly carry a | ||||||
7 | firearm on or into: | ||||||
8 | (1) Any building, real property, and parking area under | ||||||
9 | the control of a public or private elementary or secondary | ||||||
10 | school. | ||||||
11 | (2) Any building, real property, and parking area under | ||||||
12 | the control of a pre-school or child care facility, | ||||||
13 | including any room or portion of a building under the | ||||||
14 | control of a pre-school or child care facility. Nothing in | ||||||
15 | this paragraph shall prevent the operator of a child care | ||||||
16 | facility in a family home from owning or possessing a | ||||||
17 | firearm in the home or license under this Act, if no child | ||||||
18 | under child care at the home is present in the home or the | ||||||
19 | firearm in the home is stored in a locked container when a | ||||||
20 | child under child care at the home is present in the home. | ||||||
21 | (3) Any building, parking area, or portion of a | ||||||
22 | building under the control of an officer of the executive | ||||||
23 | or legislative branch of government, provided that nothing | ||||||
24 | in this paragraph shall prohibit a licensee from carrying a |
| |||||||
| |||||||
1 | concealed firearm onto the real property, bikeway, or trail | ||||||
2 | in a park regulated by the Department of Natural Resources | ||||||
3 | or any other designated public hunting area or building | ||||||
4 | where firearm possession is permitted as established by the | ||||||
5 | Department of Natural Resources under Section 1.8 of the | ||||||
6 | Wildlife Code. | ||||||
7 | (4) Any building designated for matters before a | ||||||
8 | circuit court, appellate court, or the Supreme Court, or | ||||||
9 | any building or portion of a building under the control of | ||||||
10 | the Supreme Court. | ||||||
11 | (5) Any building or portion of a building under the | ||||||
12 | control of a unit of local government. | ||||||
13 | (6) Any building, real property, and parking area under | ||||||
14 | the control of an adult or juvenile detention or | ||||||
15 | correctional institution, prison, or jail. | ||||||
16 | (7) Any building, real property, and parking area under | ||||||
17 | the control of a public or private hospital or hospital | ||||||
18 | affiliate, mental health facility, or nursing home. | ||||||
19 | (8) Any bus, train, or form of transportation paid for | ||||||
20 | in whole or in part with public funds, and any building, | ||||||
21 | real property, and parking area under the control of a | ||||||
22 | public transportation facility paid for in whole or in part | ||||||
23 | with public funds. | ||||||
24 | (9) Any building, real property, and parking area under | ||||||
25 | the control of an establishment that serves alcohol on its | ||||||
26 | premises, if more than 50% of the establishment's gross |
| |||||||
| |||||||
1 | receipts within the prior 3 months is from the sale of | ||||||
2 | alcohol. The owner of an establishment who knowingly fails | ||||||
3 | to prohibit concealed firearms on its premises as provided | ||||||
4 | in this paragraph or who knowingly makes a false statement | ||||||
5 | or record to avoid the prohibition on concealed firearms | ||||||
6 | under this paragraph is subject to the penalty under | ||||||
7 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
8 | of 1934. | ||||||
9 | (10) Any public gathering or special event conducted on | ||||||
10 | property open to the public that requires the issuance of a | ||||||
11 | permit from the unit of local government, provided this | ||||||
12 | prohibition shall not apply to a licensee who must walk | ||||||
13 | through a public gathering in order to access his or her | ||||||
14 | residence, place of business, or vehicle. | ||||||
15 | (11) Any building or real property that has been issued | ||||||
16 | a Special Event Retailer's license as defined in Section | ||||||
17 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
18 | designated for the sale of alcohol by the Special Event | ||||||
19 | Retailer's license, or a Special use permit license as | ||||||
20 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
21 | Control Act during the time designated for the sale of | ||||||
22 | alcohol by the Special use permit license. | ||||||
23 | (12) Any public playground. | ||||||
24 | (13) Any public park, athletic area, or athletic | ||||||
25 | facility under the control of a municipality or park | ||||||
26 | district, provided nothing in this Section shall prohibit a |
| |||||||
| |||||||
1 | licensee from carrying a concealed firearm while on a trail | ||||||
2 | or bikeway if only a portion of the trail or bikeway | ||||||
3 | includes a public park. | ||||||
4 | (14) Any real property under the control of the Cook | ||||||
5 | County Forest Preserve District. | ||||||
6 | (15) Any building, classroom, laboratory, medical | ||||||
7 | clinic, hospital, artistic venue, athletic venue, | ||||||
8 | entertainment venue, officially recognized | ||||||
9 | university-related organization property, whether owned or | ||||||
10 | leased, and any real property, including parking areas, | ||||||
11 | sidewalks, and common areas under the control of a public | ||||||
12 | or private community college, college, or university. | ||||||
13 | (16) Any building, real property, or parking area under | ||||||
14 | the control of a gaming facility licensed under the | ||||||
15 | Riverboat and Land-based Gambling Act or the Illinois Horse | ||||||
16 | Racing Act of 1975, including an inter-track wagering | ||||||
17 | location licensee. | ||||||
18 | (17) Any stadium, arena, or the real property or | ||||||
19 | parking area under the control of a stadium, arena, or any | ||||||
20 | collegiate or professional sporting event. | ||||||
21 | (18) Any building, real property, or parking area under | ||||||
22 | the control of a public library. | ||||||
23 | (19) Any building, real property, or parking area under | ||||||
24 | the control of an airport. | ||||||
25 | (20) Any building, real property, or parking area under | ||||||
26 | the control of an amusement park. |
| |||||||
| |||||||
1 | (21) Any building, real property, or parking area under | ||||||
2 | the control of a zoo or museum. | ||||||
3 | (22) Any street, driveway, parking area, property, | ||||||
4 | building, or facility, owned, leased, controlled, or used | ||||||
5 | by a nuclear energy, storage, weapons, or development site | ||||||
6 | or facility regulated by the federal Nuclear Regulatory | ||||||
7 | Commission. The licensee shall not under any circumstance | ||||||
8 | store a firearm or ammunition in his or her vehicle or in a | ||||||
9 | compartment or container within a vehicle located anywhere | ||||||
10 | in or on the street, driveway, parking area, property, | ||||||
11 | building, or facility described in this paragraph. | ||||||
12 | (23) Any area where firearms are prohibited under | ||||||
13 | federal law. | ||||||
14 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
15 | private community college, college, or university from: | ||||||
16 | (1) prohibiting persons from carrying a firearm within | ||||||
17 | a vehicle owned, leased, or controlled by the college or | ||||||
18 | university; | ||||||
19 | (2) developing resolutions, regulations, or policies | ||||||
20 | regarding student, employee, or visitor misconduct and | ||||||
21 | discipline, including suspension and expulsion; | ||||||
22 | (3) developing resolutions, regulations, or policies | ||||||
23 | regarding the storage or maintenance of firearms, which | ||||||
24 | must include designated areas where persons can park | ||||||
25 | vehicles that carry firearms; and | ||||||
26 | (4) permitting the carrying or use of firearms for the |
| |||||||
| |||||||
1 | purpose of instruction and curriculum of officially | ||||||
2 | recognized programs, including but not limited to military | ||||||
3 | science and law enforcement training programs, or in any | ||||||
4 | designated area used for hunting purposes or target | ||||||
5 | shooting. | ||||||
6 | (a-10) The owner of private real property of any type may | ||||||
7 | prohibit the carrying of concealed firearms on the property | ||||||
8 | under his or her control. The owner must post a sign in | ||||||
9 | accordance with subsection (d) of this Section indicating that | ||||||
10 | firearms are prohibited on the property, unless the property is | ||||||
11 | a private residence. | ||||||
12 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
13 | this Section except under paragraph (22) or (23) of subsection | ||||||
14 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
15 | into the parking area of a prohibited location specified in | ||||||
16 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
17 | permitted to carry a concealed firearm on or about his or her | ||||||
18 | person within a vehicle into the parking area and may store a | ||||||
19 | firearm or ammunition concealed in a case within a locked | ||||||
20 | vehicle or locked container out of plain view within the | ||||||
21 | vehicle in the parking area. A licensee may carry a concealed | ||||||
22 | firearm in the immediate area surrounding his or her vehicle | ||||||
23 | within a prohibited parking lot area only for the limited | ||||||
24 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
25 | trunk, provided the licensee ensures the concealed firearm is | ||||||
26 | unloaded prior to exiting the vehicle. For purposes of this |
| |||||||
| |||||||
1 | subsection, "case" includes a glove compartment or console that | ||||||
2 | completely encloses the concealed firearm or ammunition, the | ||||||
3 | trunk of the vehicle, or a firearm carrying box, shipping box, | ||||||
4 | or other container. | ||||||
5 | (c) A licensee shall not be in violation of this Section | ||||||
6 | while he or she is traveling along a public right of way that | ||||||
7 | touches or crosses any of the premises under subsection (a), | ||||||
8 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
9 | carried on his or her person in accordance with the provisions | ||||||
10 | of this Act or is being transported in a vehicle by the | ||||||
11 | licensee in accordance with all other applicable provisions of | ||||||
12 | law. | ||||||
13 | (d) Signs stating that the carrying of firearms is | ||||||
14 | prohibited shall be clearly and conspicuously posted at the | ||||||
15 | entrance of a building, premises, or real property specified in | ||||||
16 | this Section as a prohibited area, unless the building or | ||||||
17 | premises is a private residence. Signs shall be of a uniform | ||||||
18 | design as established by the Department and shall be 4 inches | ||||||
19 | by 6 inches in size. The Department shall adopt rules for | ||||||
20 | standardized signs to be used under this subsection.
| ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
22 | Section 60. The Criminal Code of 2012 is amended by | ||||||
23 | changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as | ||||||
24 | follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
2 | Sec. 28-1. Gambling.
| ||||||
3 | (a) A person commits gambling when he or she:
| ||||||
4 | (1) knowingly plays a game of chance or skill for money | ||||||
5 | or other thing of
value, unless excepted in subsection (b) | ||||||
6 | of this Section;
| ||||||
7 | (2) knowingly makes a wager upon the result of any | ||||||
8 | game, contest, or any
political nomination, appointment or | ||||||
9 | election;
| ||||||
10 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
11 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
12 | manufactures or distributes any
gambling device;
| ||||||
13 | (4) contracts to have or give himself or herself or | ||||||
14 | another the option to buy
or sell, or contracts to buy or | ||||||
15 | sell, at a future time, any grain or
other commodity | ||||||
16 | whatsoever, or any stock or security of any company,
where | ||||||
17 | it is at the time of making such contract intended by both | ||||||
18 | parties
thereto that the contract to buy or sell, or the | ||||||
19 | option, whenever
exercised, or the contract resulting | ||||||
20 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
21 | of such property, but by the payment only of
differences in | ||||||
22 | prices thereof; however, the issuance, purchase, sale,
| ||||||
23 | exercise, endorsement or guarantee, by or through a person | ||||||
24 | registered
with the Secretary of State pursuant to Section | ||||||
25 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
26 | a person exempt from such
registration under said Section |
| |||||||
| |||||||
1 | 8, of a put, call, or other option to
buy or sell | ||||||
2 | securities which have been registered with the Secretary of
| ||||||
3 | State or which are exempt from such registration under | ||||||
4 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
5 | gambling within the meaning of
this paragraph (4);
| ||||||
6 | (5) knowingly owns or possesses any book, instrument or | ||||||
7 | apparatus by
means of which bets or wagers have been, or | ||||||
8 | are, recorded or registered,
or knowingly possesses any | ||||||
9 | money which he has received in the course of
a bet or | ||||||
10 | wager;
| ||||||
11 | (6) knowingly sells pools upon the result of any game | ||||||
12 | or contest of skill or
chance, political nomination, | ||||||
13 | appointment or election;
| ||||||
14 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
15 | offers to sell or
transfers any ticket or share for any | ||||||
16 | lottery;
| ||||||
17 | (8) knowingly sets up or promotes any policy game or | ||||||
18 | sells, offers to sell or
knowingly possesses or transfers | ||||||
19 | any policy ticket, slip, record,
document or other similar | ||||||
20 | device;
| ||||||
21 | (9) knowingly drafts, prints or publishes any lottery | ||||||
22 | ticket or share,
or any policy ticket, slip, record, | ||||||
23 | document or similar device, except for
such activity | ||||||
24 | related to lotteries, bingo games and raffles authorized by
| ||||||
25 | and conducted in accordance with the laws of Illinois or | ||||||
26 | any other state or
foreign government;
|
| |||||||
| |||||||
1 | (10) knowingly advertises any lottery or policy game, | ||||||
2 | except for such
activity related to lotteries, bingo games | ||||||
3 | and raffles authorized by and
conducted in accordance with | ||||||
4 | the laws of Illinois or any other state;
| ||||||
5 | (11) knowingly transmits information as to wagers, | ||||||
6 | betting odds, or
changes in betting odds by telephone, | ||||||
7 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
8 | installs or maintains equipment for the
transmission or | ||||||
9 | receipt of such information; except that nothing in this
| ||||||
10 | subdivision (11) prohibits transmission or receipt of such | ||||||
11 | information
for use in news reporting of sporting events or | ||||||
12 | contests; or
| ||||||
13 | (12) knowingly establishes, maintains, or operates an | ||||||
14 | Internet site that
permits a person to play a game of
| ||||||
15 | chance or skill for money or other thing of value by means | ||||||
16 | of the Internet or
to make a wager upon the
result of any | ||||||
17 | game, contest, political nomination, appointment, or
| ||||||
18 | election by means of the Internet. This item (12) does not | ||||||
19 | apply to activities referenced in items (6) and (6.1) of | ||||||
20 | subsection (b) of this Section.
| ||||||
21 | (b) Participants in any of the following activities shall | ||||||
22 | not be
convicted of gambling:
| ||||||
23 | (1) Agreements to compensate for loss caused by the | ||||||
24 | happening of
chance including without limitation contracts | ||||||
25 | of indemnity or guaranty
and life or health or accident | ||||||
26 | insurance.
|
| |||||||
| |||||||
1 | (2) Offers of prizes, award or compensation to the | ||||||
2 | actual
contestants in any bona fide contest for the | ||||||
3 | determination of skill,
speed, strength or endurance or to | ||||||
4 | the owners of animals or vehicles
entered in such contest.
| ||||||
5 | (3) Pari-mutuel betting as authorized by the law of | ||||||
6 | this State.
| ||||||
7 | (4) Manufacture of gambling devices, including the | ||||||
8 | acquisition of
essential parts therefor and the assembly | ||||||
9 | thereof, for transportation in
interstate or foreign | ||||||
10 | commerce to any place outside this State when such
| ||||||
11 | transportation is not prohibited by any applicable Federal | ||||||
12 | law; or the
manufacture, distribution, or possession of | ||||||
13 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
14 | by manufacturers, distributors, and
terminal operators | ||||||
15 | licensed to do so under the Video Gaming Act.
| ||||||
16 | (5) The game commonly known as "bingo", when conducted | ||||||
17 | in accordance
with the Bingo License and Tax Act.
| ||||||
18 | (6) Lotteries when conducted by the State of Illinois | ||||||
19 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
20 | includes any activity conducted by the Department of | ||||||
21 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
22 | of the Illinois Lottery Law and its rules.
| ||||||
23 | (6.1) The purchase of lottery tickets through the | ||||||
24 | Internet for a lottery conducted by the State of Illinois | ||||||
25 | under the program established in Section 7.12 of the | ||||||
26 | Illinois Lottery Law.
|
| |||||||
| |||||||
1 | (7) Possession of an antique slot machine that is | ||||||
2 | neither used nor
intended to be used in the operation or | ||||||
3 | promotion of any unlawful
gambling activity or enterprise. | ||||||
4 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
5 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
6 | (8) Raffles and poker runs when conducted in accordance | ||||||
7 | with the Raffles and Poker Runs Act.
| ||||||
8 | (9) Charitable games when conducted in accordance with | ||||||
9 | the Charitable
Games Act.
| ||||||
10 | (10) Pull tabs and jar games when conducted under the | ||||||
11 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
12 | (11) Gambling games conducted on riverboats and in | ||||||
13 | land-based gambling facilities when
authorized by the | ||||||
14 | Riverboat and Land-based Gambling Act.
| ||||||
15 | (12) Video gaming terminal games at a licensed | ||||||
16 | establishment, licensed truck stop establishment,
licensed
| ||||||
17 | fraternal establishment, or licensed veterans | ||||||
18 | establishment when
conducted in accordance with the Video | ||||||
19 | Gaming Act. | ||||||
20 | (13) Games of skill or chance where money or other | ||||||
21 | things of value can be won but no payment or purchase is | ||||||
22 | required to participate. | ||||||
23 | (c) Sentence.
| ||||||
24 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
25 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
26 | 4 felony.
|
| |||||||
| |||||||
1 | (d) Circumstantial evidence.
| ||||||
2 | In prosecutions under
this
Section circumstantial evidence | ||||||
3 | shall have the same validity and weight as
in any criminal | ||||||
4 | prosecution.
| ||||||
5 | (Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
| ||||||
6 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
7 | Sec. 28-1.1. Syndicated gambling.
| ||||||
8 | (a) Declaration of Purpose. Recognizing the close | ||||||
9 | relationship between
professional gambling and other organized | ||||||
10 | crime, it is declared to be the
policy of the legislature to | ||||||
11 | restrain persons from engaging in the business
of gambling for | ||||||
12 | profit in this State. This Section shall be liberally
construed | ||||||
13 | and administered with a view to carrying out this policy.
| ||||||
14 | (b) A person commits syndicated gambling when he or she | ||||||
15 | operates a "policy
game" or engages in the business of | ||||||
16 | bookmaking.
| ||||||
17 | (c) A person "operates a policy game" when he or she | ||||||
18 | knowingly uses any
premises or property for the purpose of | ||||||
19 | receiving or knowingly does
receive from what is commonly | ||||||
20 | called "policy":
| ||||||
21 | (1) money from a person other than the bettor or player | ||||||
22 | whose
bets or plays are represented by the money; or
| ||||||
23 | (2) written "policy game" records, made or used over | ||||||
24 | any
period of time, from a person other than the bettor or | ||||||
25 | player whose bets
or plays are represented by the written |
| |||||||
| |||||||
1 | record.
| ||||||
2 | (d) A person engages in bookmaking when he or she knowingly | ||||||
3 | receives or accepts more
than five bets or wagers upon the | ||||||
4 | result of any trials or contests of
skill, speed or power of | ||||||
5 | endurance or upon any lot, chance, casualty,
unknown or | ||||||
6 | contingent event whatsoever, which bets or wagers shall be of
| ||||||
7 | such size that the total of the amounts of money paid or | ||||||
8 | promised to be
paid to the bookmaker on account thereof shall | ||||||
9 | exceed $2,000.
Bookmaking is the receiving or accepting of bets | ||||||
10 | or wagers
regardless of the form or manner in which the | ||||||
11 | bookmaker records them.
| ||||||
12 | (e) Participants in any of the following activities shall | ||||||
13 | not be
convicted of syndicated gambling:
| ||||||
14 | (1) Agreements to compensate for loss caused by the | ||||||
15 | happening
of chance including without limitation contracts | ||||||
16 | of indemnity or
guaranty and life or health or accident | ||||||
17 | insurance;
| ||||||
18 | (2) Offers of prizes, award or compensation to the | ||||||
19 | actual
contestants in any bona fide contest for the | ||||||
20 | determination of skill,
speed, strength or endurance or to | ||||||
21 | the owners of animals or vehicles
entered in the contest;
| ||||||
22 | (3) Pari-mutuel betting as authorized by law of this | ||||||
23 | State;
| ||||||
24 | (4) Manufacture of gambling devices, including the | ||||||
25 | acquisition
of essential parts therefor and the assembly | ||||||
26 | thereof, for transportation
in interstate or foreign |
| |||||||
| |||||||
1 | commerce to any place outside this State when
the | ||||||
2 | transportation is not prohibited by any applicable Federal | ||||||
3 | law;
| ||||||
4 | (5) Raffles and poker runs when conducted in accordance | ||||||
5 | with the Raffles and Poker Runs Act;
| ||||||
6 | (6) Gambling games conducted on riverboats and in | ||||||
7 | land-based gambling facilities when
authorized by the | ||||||
8 | Riverboat and Land-based Gambling Act; and
| ||||||
9 | (7) Video gaming terminal games at a licensed | ||||||
10 | establishment, licensed truck stop establishment,
licensed
| ||||||
11 | fraternal establishment, or licensed veterans | ||||||
12 | establishment
when conducted in accordance with the Video | ||||||
13 | Gaming Act.
| ||||||
14 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
15 | (Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
| ||||||
16 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
17 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
18 | any real
estate, vehicle, boat or any other property whatsoever | ||||||
19 | used for the
purposes of gambling other than gambling conducted | ||||||
20 | in the manner authorized
by the Riverboat and Land-based | ||||||
21 | Gambling Act or the Video Gaming Act. Any person who
knowingly | ||||||
22 | permits any premises
or property owned or occupied by him or | ||||||
23 | under his control to be used as a
gambling place commits a | ||||||
24 | Class A misdemeanor. Each subsequent offense is a
Class 4 | ||||||
25 | felony. When any premises is determined by the circuit court to |
| |||||||
| |||||||
1 | be
a gambling place:
| ||||||
2 | (a) Such premises is a public nuisance and may be proceeded | ||||||
3 | against as such,
and
| ||||||
4 | (b) All licenses, permits or certificates issued by the | ||||||
5 | State of
Illinois or any subdivision or public agency thereof | ||||||
6 | authorizing the
serving of food or liquor on such premises | ||||||
7 | shall be void; and no license,
permit or certificate so | ||||||
8 | cancelled shall be reissued for such premises for
a period of | ||||||
9 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
10 | gambling place be reissued such license
for one year from his | ||||||
11 | conviction and, after a second conviction of keeping
a gambling | ||||||
12 | place, any such person shall not be reissued such license, and
| ||||||
13 | (c) Such premises of any person who knowingly permits | ||||||
14 | thereon a
violation of any Section of this Article shall be | ||||||
15 | held liable for, and may
be sold to pay any unsatisfied | ||||||
16 | judgment that may be recovered and any
unsatisfied fine that | ||||||
17 | may be levied under any Section of this Article.
| ||||||
18 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
19 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
20 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
21 | (a) Every device designed for gambling which is incapable | ||||||
22 | of lawful use
or every device used unlawfully for gambling | ||||||
23 | shall be considered a
"gambling device", and shall be subject | ||||||
24 | to seizure, confiscation and
destruction by the Department of | ||||||
25 | State Police or by any municipal, or other
local authority, |
| |||||||
| |||||||
1 | within whose jurisdiction the same may be found. As used
in | ||||||
2 | this Section, a "gambling device" includes any slot machine, | ||||||
3 | and
includes any machine or device constructed for the | ||||||
4 | reception of money or
other thing of value and so constructed | ||||||
5 | as to return, or to cause someone
to return, on chance to the | ||||||
6 | player thereof money, property or a right to
receive money or | ||||||
7 | property. With the exception of any device designed for
| ||||||
8 | gambling which is incapable of lawful use, no gambling device | ||||||
9 | shall be
forfeited or destroyed unless an individual with a | ||||||
10 | property interest in
said device knows of the unlawful use of | ||||||
11 | the device.
| ||||||
12 | (b) Every gambling device shall be seized and forfeited to | ||||||
13 | the county
wherein such seizure occurs. Any money or other | ||||||
14 | thing of value integrally
related to acts of gambling shall be | ||||||
15 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
16 | (c) If, within 60 days after any seizure pursuant to | ||||||
17 | subparagraph
(b) of this Section, a person having any property | ||||||
18 | interest in the seized
property is charged with an offense, the | ||||||
19 | court which renders judgment
upon such charge shall, within 30 | ||||||
20 | days after such judgment, conduct a
forfeiture hearing to | ||||||
21 | determine whether such property was a gambling device
at the | ||||||
22 | time of seizure. Such hearing shall be commenced by a written
| ||||||
23 | petition by the State, including material allegations of fact, | ||||||
24 | the name
and address of every person determined by the State to | ||||||
25 | have any property
interest in the seized property, a | ||||||
26 | representation that written notice of
the date, time and place |
| |||||||
| |||||||
1 | of such hearing has been mailed to every such
person by | ||||||
2 | certified mail at least 10 days before such date, and a
request | ||||||
3 | for forfeiture. Every such person may appear as a party and
| ||||||
4 | present evidence at such hearing. The quantum of proof required | ||||||
5 | shall
be a preponderance of the evidence, and the burden of | ||||||
6 | proof shall be on
the State. If the court determines that the | ||||||
7 | seized property was
a gambling device at the time of seizure, | ||||||
8 | an order of forfeiture and
disposition of the seized property | ||||||
9 | shall be entered: a gambling device
shall be received by the | ||||||
10 | State's Attorney, who shall effect its
destruction, except that | ||||||
11 | valuable parts thereof may be liquidated and
the resultant | ||||||
12 | money shall be deposited in the general fund of the county
| ||||||
13 | wherein such seizure occurred; money and other things of value | ||||||
14 | shall be
received by the State's Attorney and, upon | ||||||
15 | liquidation, shall be
deposited in the general fund of the | ||||||
16 | county wherein such seizure
occurred. However, in the event | ||||||
17 | that a defendant raises the defense
that the seized slot | ||||||
18 | machine is an antique slot machine described in
subparagraph | ||||||
19 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
20 | from the charge of a gambling activity participant, the seized
| ||||||
21 | antique slot machine shall not be destroyed or otherwise | ||||||
22 | altered until a
final determination is made by the Court as to | ||||||
23 | whether it is such an
antique slot machine. Upon a final | ||||||
24 | determination by the Court of this
question in favor of the | ||||||
25 | defendant, such slot machine shall be
immediately returned to | ||||||
26 | the defendant. Such order of forfeiture and
disposition shall, |
| |||||||
| |||||||
1 | for the purposes of appeal, be a final order and
judgment in a | ||||||
2 | civil proceeding.
| ||||||
3 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
4 | Section is not
followed by a charge pursuant to subparagraph | ||||||
5 | (c) of this Section, or if
the prosecution of such charge is | ||||||
6 | permanently terminated or indefinitely
discontinued without | ||||||
7 | any judgment of conviction or acquittal (1) the
State's | ||||||
8 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
9 | and destruction of a gambling device, or for the forfeiture and | ||||||
10 | deposit
in the general fund of the county of any seized money | ||||||
11 | or other things of
value, or both, in the circuit court and (2) | ||||||
12 | any person having any
property interest in such seized gambling | ||||||
13 | device, money or other thing
of value may commence separate | ||||||
14 | civil proceedings in the manner provided
by law.
| ||||||
15 | (e) Any gambling device displayed for sale to a riverboat | ||||||
16 | gambling
operation or land-based gambling operation or used to | ||||||
17 | train occupational licensees of a riverboat gambling
operation | ||||||
18 | or land-based gambling operation as authorized under the | ||||||
19 | Riverboat and Land-based Gambling Act is exempt from
seizure | ||||||
20 | under this Section.
| ||||||
21 | (f) Any gambling equipment, devices and supplies provided | ||||||
22 | by a licensed
supplier in accordance with the Riverboat and | ||||||
23 | Land-based Gambling Act which are removed
from the riverboat or | ||||||
24 | land-based gambling facility for repair are exempt from seizure | ||||||
25 | under this Section.
| ||||||
26 | (g) The following video gaming terminals are exempt from |
| |||||||
| |||||||
1 | seizure under this Section: | ||||||
2 | (1) Video gaming terminals for sale to a licensed | ||||||
3 | distributor or operator under the Video Gaming Act. | ||||||
4 | (2) Video gaming terminals used to train licensed | ||||||
5 | technicians or licensed terminal handlers. | ||||||
6 | (3) Video gaming terminals that are removed from a | ||||||
7 | licensed establishment, licensed truck stop establishment,
| ||||||
8 | licensed
fraternal establishment, or licensed veterans | ||||||
9 | establishment for repair. | ||||||
10 | (Source: P.A. 98-31, eff. 6-24-13.)
| ||||||
11 | (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
| ||||||
12 | Sec. 28-7. Gambling contracts void.
| ||||||
13 | (a) All promises, notes, bills, bonds, covenants, | ||||||
14 | contracts, agreements,
judgments, mortgages, or other | ||||||
15 | securities or conveyances made, given,
granted, drawn, or | ||||||
16 | entered into, or executed by any person whatsoever,
where the | ||||||
17 | whole or any part of the consideration thereof is for any
money | ||||||
18 | or thing of value, won or obtained in violation of any Section | ||||||
19 | of
this Article are null and void.
| ||||||
20 | (b) Any obligation void under this Section may be set aside | ||||||
21 | and vacated
by any court of competent jurisdiction, upon a | ||||||
22 | complaint filed for that
purpose, by the person so granting, | ||||||
23 | giving, entering into, or executing the
same, or by his | ||||||
24 | executors or administrators, or by any creditor, heir,
legatee, | ||||||
25 | purchaser or other person interested therein; or if a judgment,
|
| |||||||
| |||||||
1 | the same may be set aside on motion of any person stated above, | ||||||
2 | on due
notice thereof given.
| ||||||
3 | (c) No assignment of any obligation void under this Section | ||||||
4 | may in any
manner affect the defense of the person giving, | ||||||
5 | granting, drawing, entering
into or executing such obligation, | ||||||
6 | or the remedies of any person interested
therein.
| ||||||
7 | (d) This Section shall not prevent a licensed owner of a | ||||||
8 | riverboat
gambling operation or land-based gambling operation | ||||||
9 | from instituting a cause of action to collect any amount
due | ||||||
10 | and owing under an extension of credit to a riverboat or | ||||||
11 | land-based gambling facility gambling patron
as authorized | ||||||
12 | under the Riverboat and Land-based Gambling Act.
| ||||||
13 | (Source: P.A. 87-826.)
| ||||||
14 | Section 65. The Payday Loan Reform Act is amended by | ||||||
15 | changing Section 3-5 as follows: | ||||||
16 | (815 ILCS 122/3-5)
| ||||||
17 | Sec. 3-5. Licensure. | ||||||
18 | (a) A license to make a payday loan shall state the | ||||||
19 | address,
including city and state, at which
the business is to | ||||||
20 | be conducted and shall state fully the name of the licensee.
| ||||||
21 | The license shall be conspicuously posted in the place of | ||||||
22 | business of the
licensee and shall not be transferable or | ||||||
23 | assignable.
| ||||||
24 | (b) An application for a license shall be in writing and in |
| |||||||
| |||||||
1 | a form
prescribed by the Secretary. The Secretary may not issue | ||||||
2 | a payday loan
license unless and until the following findings | ||||||
3 | are made:
| ||||||
4 | (1) that the financial responsibility, experience, | ||||||
5 | character, and general
fitness of the applicant are such as | ||||||
6 | to command the confidence of the public
and to warrant the | ||||||
7 | belief that the business will be operated lawfully and
| ||||||
8 | fairly and within the provisions and purposes of this Act; | ||||||
9 | and
| ||||||
10 | (2) that the applicant has submitted such other | ||||||
11 | information as the
Secretary may deem necessary.
| ||||||
12 | (c) A license shall be issued for no longer than one year, | ||||||
13 | and no renewal
of a license may be provided if a licensee has | ||||||
14 | substantially violated this
Act and has not cured the violation | ||||||
15 | to the satisfaction of the Department.
| ||||||
16 | (d) A licensee shall appoint, in writing, the Secretary as | ||||||
17 | attorney-in-fact
upon whom all lawful process against the | ||||||
18 | licensee may be served with the
same legal force and validity | ||||||
19 | as if served on the licensee. A copy of the
written | ||||||
20 | appointment, duly certified, shall be filed in the office of | ||||||
21 | the
Secretary, and a copy thereof certified by the Secretary | ||||||
22 | shall be sufficient
evidence to subject a licensee to | ||||||
23 | jurisdiction in a court of law. This appointment shall remain | ||||||
24 | in effect while any liability remains
outstanding in this State | ||||||
25 | against the licensee. When summons is served upon
the Secretary | ||||||
26 | as attorney-in-fact for a licensee, the Secretary shall |
| |||||||
| |||||||
1 | immediately
notify the licensee by registered mail, enclosing | ||||||
2 | the summons and specifying
the hour and day of service.
| ||||||
3 | (e) A licensee must pay an annual fee of $1,000. In | ||||||
4 | addition to the
license fee, the reasonable expense of any | ||||||
5 | examination or hearing
by the Secretary under any provisions of | ||||||
6 | this Act shall be borne by
the licensee. If a licensee fails to | ||||||
7 | renew its license by December 31,
its license
shall | ||||||
8 | automatically expire; however, the Secretary, in his or her | ||||||
9 | discretion,
may reinstate an expired license upon:
| ||||||
10 | (1) payment of the annual fee within 30 days of the | ||||||
11 | date of
expiration; and
| ||||||
12 | (2) proof of good cause for failure to renew.
| ||||||
13 | (f) Not more than one place of business shall be maintained | ||||||
14 | under the
same license, but the Secretary may issue more than | ||||||
15 | one license to the same
licensee upon compliance with all the | ||||||
16 | provisions of this Act governing
issuance of a single license. | ||||||
17 | The location, except those locations already in
existence as of | ||||||
18 | June 1, 2005, may not be within one mile of a
horse race track | ||||||
19 | subject to the Illinois Horse Racing Act of 1975,
within one | ||||||
20 | mile of a facility at which gambling is conducted under the
| ||||||
21 | Riverboat and Land-based Gambling Act, within one mile of the | ||||||
22 | location at which a
riverboat subject to the Riverboat and | ||||||
23 | Land-based Gambling Act docks, or within one mile of
any State | ||||||
24 | of Illinois or United States military base or naval | ||||||
25 | installation.
| ||||||
26 | (g) No licensee shall conduct the business of making loans |
| |||||||
| |||||||
1 | under this
Act within any office, suite, room, or place of | ||||||
2 | business in which (1) any loans are offered or made under the | ||||||
3 | Consumer Installment Loan Act other than title secured loans as | ||||||
4 | defined in subsection (a) of Section 15 of the Consumer | ||||||
5 | Installment Loan Act and governed by Title 38, Section 110.330 | ||||||
6 | of the Illinois Administrative Code or (2) any other
business | ||||||
7 | is solicited or engaged in unless the other business is | ||||||
8 | licensed by the Department or, in the opinion of the Secretary, | ||||||
9 | the
other business would not be contrary to the best interests | ||||||
10 | of consumers and
is authorized by the Secretary in writing.
| ||||||
11 | (g-5) Notwithstanding subsection (g) of this Section, a | ||||||
12 | licensee may obtain a license under the Consumer Installment | ||||||
13 | Loan Act (CILA) for the exclusive purpose and use of making | ||||||
14 | title secured loans, as defined in subsection (a) of Section 15 | ||||||
15 | of CILA and governed by Title 38, Section 110.300 of the | ||||||
16 | Illinois Administrative Code. A licensee may continue to | ||||||
17 | service Consumer Installment Loan Act loans that were | ||||||
18 | outstanding as of the effective date of this amendatory Act of | ||||||
19 | the 96th General Assembly. | ||||||
20 | (h) The Secretary shall maintain a list of licensees that | ||||||
21 | shall be
available to interested consumers and lenders and the | ||||||
22 | public. The Secretary
shall maintain a toll-free number whereby | ||||||
23 | consumers may obtain
information about licensees. The | ||||||
24 | Secretary shall also establish a complaint
process under which | ||||||
25 | an aggrieved consumer
may file a complaint against a licensee | ||||||
26 | or non-licensee who violates any
provision of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-936, eff. 3-21-11 .) | ||||||
2 | Section 70. The Travel Promotion Consumer Protection Act is | ||||||
3 | amended by changing Section 2 as follows:
| ||||||
4 | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
| ||||||
5 | Sec. 2. Definitions.
| ||||||
6 | (a) "Travel promoter" means a person, including a tour | ||||||
7 | operator, who sells,
provides, furnishes, contracts for, | ||||||
8 | arranges or advertises that he or she will
arrange wholesale or | ||||||
9 | retail transportation by air, land, sea or navigable
stream, | ||||||
10 | either separately or in conjunction with other services. | ||||||
11 | "Travel
promoter" does not include (1) an air carrier; (2) a | ||||||
12 | sea carrier; (3) an
officially appointed agent of an air | ||||||
13 | carrier who is a member in good standing
of the Airline | ||||||
14 | Reporting Corporation; (4) a travel promoter who has in
force | ||||||
15 | $1,000,000 or more of liability insurance coverage for | ||||||
16 | professional
errors and omissions and a surety bond or | ||||||
17 | equivalent surety in the amount of
$100,000 or more for the | ||||||
18 | benefit of consumers in the event of a bankruptcy on
the part | ||||||
19 | of the travel promoter; or (5) a riverboat subject to | ||||||
20 | regulation under
the Riverboat and Land-based Gambling Act.
| ||||||
21 | (b) "Advertise" means to make any representation in the | ||||||
22 | solicitation of
passengers and includes communication with | ||||||
23 | other members of the same
partnership, corporation, joint | ||||||
24 | venture, association, organization, group or
other entity.
|
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1 | (c) "Passenger" means a person on whose behalf money or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | other
consideration has been given or is to be given to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | another, including
another member of the same partnership, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | corporation, joint venture,
association, organization, group | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | or other entity, for travel.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (d) "Ticket or voucher" means a writing or combination of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | writings which
is itself good and sufficient to obtain
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | transportation and other services for which the passenger has | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | contracted.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (Source: P.A. 91-357, eff. 7-29-99.)
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