99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3607

 

Introduced , by Rep. Chad Hays

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Riverboat Gambling Act. Includes land-based gambling in the Act. Defines "land-based gambling" and "land-based gambling facility". Changes the short title of the Act to the Riverboat and Land-based Gambling Act. Makes other changes.


LRB099 00324 AMC 20329 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3607LRB099 00324 AMC 20329 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Alcoholism and Other Drug Abuse and
5Dependency 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
9establish a program for public education, research, and
10training regarding problem and compulsive gambling and the
11treatment and prevention of problem and compulsive gambling.
12Subject to specific appropriation for these stated purposes,
13the 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.

 

 

HB3607- 2 -LRB099 00324 AMC 20329 b

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
5establish and maintain the program or contract with a private
6or public entity for the establishment and maintenance of the
7program. Subject to appropriation, either the Department or the
8private or public entity shall implement the toll-free
9telephone number, promote public awareness, and conduct
10in-service training concerning problem and compulsive
11gambling.
12    (c) Subject to appropriation, the Department shall produce
13and supply the signs specified in Section 10.7 of the Illinois
14Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
151975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
16of the Charitable Games Act, and Section 13.1 of the Riverboat
17and 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
20Administrative Code of Illinois is amended by changing Section
212505-305 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

 

 

HB3607- 3 -LRB099 00324 AMC 20329 b

1to conduct all investigations, searches, seizures, arrests,
2and other duties imposed under the provisions of any law
3administered by the Department. Except as provided in
4subsection (c), these investigators have and may exercise all
5the powers of peace officers solely for the purpose of
6enforcing taxing measures administered by the Department.
7    (b) The Director must authorize to each investigator
8employed under this Section and to any other employee of the
9Department exercising the powers of a peace officer a distinct
10badge that, on its face, (i) clearly states that the badge is
11authorized by the Department and (ii) contains a unique
12identifying number. No other badge shall be authorized by the
13Department.
14    (c) The Department may enter into agreements with the
15Illinois Gaming Board providing that investigators appointed
16under this Section shall exercise the peace officer powers set
17forth in paragraph (20.6) of subsection (c) of Section 5 of the
18Riverboat 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
21Section 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

 

 

HB3607- 4 -LRB099 00324 AMC 20329 b

1fund in the State Treasury.
2    In addition to any other deposits authorized by law,
3beginning January 1, 2000, on the first day of each month, or
4as soon thereafter as may be practical, the State Treasurer and
5State Comptroller shall transfer the sum of $5,000,000 from the
6General Revenue Fund to the School Infrastructure Fund, except
7that, notwithstanding any other provision of law, and in
8addition to any other transfers that may be provided for by
9law, before June 30, 2012, the Comptroller and the Treasurer
10shall transfer $45,000,000 from the General Revenue Fund into
11the School Infrastructure Fund, and, for fiscal year 2013 only,
12the Treasurer and the Comptroller shall transfer $1,250,000
13from the General Revenue Fund to the School Infrastructure Fund
14on the first day of each month; provided, however, that no such
15transfers shall be made from July 1, 2001 through June 30,
162003.
17    (b) Subject to the transfer provisions set forth below,
18money in the School Infrastructure Fund shall, if and when the
19State of Illinois incurs any bonded indebtedness for the
20construction of school improvements under the School
21Construction Law, be set aside and used for the purpose of
22paying and discharging annually the principal and interest on
23that bonded indebtedness then due and payable, and for no other
24purpose.
25    In addition to other transfers to the General Obligation
26Bond Retirement and Interest Fund made pursuant to Section 15

 

 

HB3607- 5 -LRB099 00324 AMC 20329 b

1of the General Obligation Bond Act, upon each delivery of bonds
2issued for construction of school improvements under the School
3Construction Law, the State Comptroller shall compute and
4certify to the State Treasurer the total amount of principal
5of, interest on, and premium, if any, on such bonds during the
6then current and each succeeding fiscal year. With respect to
7the interest payable on variable rate bonds, such
8certifications shall be calculated at the maximum rate of
9interest that may be payable during the fiscal year, after
10taking into account any credits permitted in the related
11indenture or other instrument against the amount of such
12interest required to be appropriated for that period.
13    On or before the last day of each month, the State
14Treasurer and State Comptroller shall transfer from the School
15Infrastructure Fund to the General Obligation Bond Retirement
16and Interest Fund an amount sufficient to pay the aggregate of
17the principal of, interest on, and premium, if any, on the
18bonds payable on their next payment date, divided by the number
19of monthly transfers occurring between the last previous
20payment date (or the delivery date if no payment date has yet
21occurred) and the next succeeding payment date. Interest
22payable on variable rate bonds shall be calculated at the
23maximum rate of interest that may be payable for the relevant
24period, after taking into account any credits permitted in the
25related indenture or other instrument against the amount of
26such interest required to be appropriated for that period.

 

 

HB3607- 6 -LRB099 00324 AMC 20329 b

1Interest for which moneys have already been deposited into the
2capitalized interest account within the General Obligation
3Bond Retirement and Interest Fund shall not be included in the
4calculation of the amounts to be transferred under this
5subsection.
6    (b-5) The money deposited into the School Infrastructure
7Fund from transfers pursuant to subsections (c-30) and (c-35)
8of Section 13 of the Riverboat and Land-based Gambling Act
9shall be applied, without further direction, as provided in
10subsection (b-3) of Section 5-35 of the School Construction
11Law.
12    (c) The surplus, if any, in the School Infrastructure Fund
13after payments made pursuant to subsections (b) and (b-5) of
14this Section shall, subject to appropriation, be used as
15follows:
16    First - to make 3 payments to the School Technology
17Revolving 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
22Education and the Capital Development Board in administering
23programs under the School Construction Law, the total expenses
24not to exceed $1,200,000 in any fiscal year.
25    Third - to pay any amounts due for grants for school
26construction projects and debt service under the School

 

 

HB3607- 7 -LRB099 00324 AMC 20329 b

1Construction Law.
2    Fourth - to pay any amounts due for grants for school
3maintenance 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
6amended 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
9provision of this Act, the District may not regulate the
10operation, conduct, or navigation of any riverboat gambling
11casino licensed under the Riverboat and Land-based Gambling
12Act, and the District may not license, tax, or otherwise levy
13any assessment of any kind on any riverboat gambling casino
14licensed under the Riverboat and Land-based Gambling Act. The
15General Assembly declares that the powers to regulate the
16operation, conduct, and navigation of riverboat gambling
17casinos and to license, tax, and levy assessments upon
18riverboat gambling casinos are exclusive powers of the State of
19Illinois and the Illinois Gaming Board as provided in the
20Riverboat and Land-based Gambling Act.
21(Source: P.A. 87-1175.)
 
22    Section 25. The Consumer Installment Loan Act is amended by
23changing Section 12.5 as follows:
 

 

 

HB3607- 8 -LRB099 00324 AMC 20329 b

1    (205 ILCS 670/12.5)
2    Sec. 12.5. Limited purpose branch.
3    (a) Upon the written approval of the Director, a licensee
4may maintain a limited purpose branch for the sole purpose of
5making loans as permitted by this Act. A limited purpose branch
6may include an automatic loan machine. No other activity shall
7be conducted at the site, including but not limited to,
8accepting payments, servicing the accounts, or collections.
9    (b) The licensee must submit an application for a limited
10purpose branch to the Director on forms prescribed by the
11Director with an application fee of $300. The approval for the
12limited purpose branch must be renewed concurrently with the
13renewal 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
16purpose branch's transactions shall be maintained at the
17licensee's licensed location. The licensee shall notify the
18Director of the licensed location at which the books, accounts,
19records, and files shall be maintained.
20    (d) The licensee shall prominently display at the limited
21purpose branch the address and telephone number of the
22licensee's licensed location.
23    (e) No other business shall be conducted at the site of the
24limited purpose branch unless authorized by the Director.
25    (f) The Director shall make and enforce reasonable rules

 

 

HB3607- 9 -LRB099 00324 AMC 20329 b

1for the conduct of a limited purpose branch.
2    (g) A limited purpose branch may not be located within
31,000 feet of a facility operated by an inter-track wagering
4licensee or an organization licensee subject to the Illinois
5Horse Racing Act of 1975, on a riverboat subject to the
6Riverboat and Land-based Gambling Act, or within 1,000 feet of
7the 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
10amended 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
14known as the Horse Racing Equity Fund. The Fund shall consist
15of moneys paid into it pursuant to subsection (c-5) of Section
1613 of the Riverboat and Land-based Gambling Act. The Fund shall
17be administered by the Racing Board.
18    (b) The moneys deposited into the Fund shall be distributed
19by the Racing Board within 10 days after those moneys are
20deposited 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

 

 

HB3607- 10 -LRB099 00324 AMC 20329 b

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.

 

 

HB3607- 11 -LRB099 00324 AMC 20329 b

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
9Equity Trust Fund, which is a non-appropriated trust fund held
10separate and apart from State moneys. The Fund shall consist of
11moneys paid into it by owners licensees under the Riverboat and
12Land-based Gambling Act for the purposes described in this
13Section. The Fund shall be administered by the Board. Moneys in
14the Fund shall be distributed as directed and certified by the
15Board in accordance with the provisions of subsection (b).
16    (b) The moneys deposited into the Fund, plus any accrued
17interest on those moneys, shall be distributed within 10 days
18after 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

 

 

HB3607- 12 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 13 -LRB099 00324 AMC 20329 b

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
14ensure that moneys paid to organization licensees under this
15Section are distributed by the organization licensees as
16provided in subsection (b).
17(Source: P.A. 95-1008, eff. 12-15-08.)
 
18    Section 35. The Riverboat Gambling Act is amended by
19changing the title of the Act and Sections 1, 2, 3, 4, 5, 5.1,
206, 7, 7.1, 7.3, 7.4, 8, 9, 11, 11.1, 11.2, 12, 13, 18, 19, 20,
21and 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
24cited as the Riverboat and Land-based Gambling Act.

 

 

HB3607- 14 -LRB099 00324 AMC 20329 b

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
5of Illinois by assisting economic development and promoting
6Illinois tourism and by increasing the amount of revenues
7available to the State to assist and support education.
8    (b) While authorization of riverboat and land-based
9gambling will enhance investment, development and tourism in
10Illinois, it is recognized that it will do so successfully only
11if public confidence and trust in the credibility and integrity
12of the gambling operations and the regulatory process is
13maintained. Therefore, regulatory provisions of this Act are
14designed to strictly regulate the facilities, persons,
15associations and practices related to gambling operations
16pursuant to the police powers of the State, including
17comprehensive law enforcement supervision.
18    (c) The Illinois Gaming Board established under this Act
19should, as soon as possible, inform each applicant for an
20owners license of the Board's intent to grant or deny a
21license.
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

 

 

HB3607- 15 -LRB099 00324 AMC 20329 b

1Gambling Authorized.
2    (a) Riverboat and land-based gambling operations and the
3system of wagering incorporated therein, as defined in this
4Act, are hereby authorized to the extent that they are carried
5out in accordance with the provisions of this Act.
6    (b) This Act does not apply to the pari-mutuel system of
7wagering used or intended to be used in connection with the
8horse-race meetings as authorized under the Illinois Horse
9Racing Act of 1975, lottery games authorized under the Illinois
10Lottery Law, bingo authorized under the Bingo License and Tax
11Act, charitable games authorized under the Charitable Games Act
12or pull tabs and jar games conducted under the Illinois Pull
13Tabs and Jar Games Act.
14    (c) Riverboat gambling conducted pursuant to this Act may
15be authorized upon any water within the State of Illinois or
16any water other than Lake Michigan which constitutes a boundary
17of the State of Illinois. A licensee may conduct riverboat
18gambling authorized under this Act regardless of whether it
19conducts excursion cruises. A licensee may permit the
20continuous ingress and egress of passengers for the purpose of
21gambling.
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.

 

 

HB3607- 16 -LRB099 00324 AMC 20329 b

1    (b) "Occupational license" means a license issued by the
2Board to a person or entity to perform an occupation which the
3Board has identified as requiring a license to engage in
4riverboat or land-based gambling in Illinois.
5    (c) "Gambling game" includes, but is not limited to,
6baccarat, twenty-one, poker, craps, slot machine, video game of
7chance, roulette wheel, klondike table, punchboard, faro
8layout, keno layout, numbers ticket, push card, jar ticket, or
9pull tab which is authorized by the Board as a wagering device
10under this Act.
11    (d) "Riverboat" means a self-propelled excursion boat, a
12permanently moored barge, or permanently moored barges that are
13permanently fixed together to operate as one vessel, on which
14lawful gambling is authorized and licensed as provided in this
15Act.
16    (d-1) "Land-based gambling facility" means a facility
17located on land where lawful gambling is authorized and
18licensed by this Act.
19    (d-2) "Land-based gambling" means the conducting of lawful
20gambling, as authorized by this Act, in a land-based gambling
21facility.
22    (e) "Managers license" means a license issued by the Board
23to a person or entity to manage gambling operations conducted
24by the State pursuant to Section 7.3.
25    (f) "Dock" means the location where a riverboat moors for
26the purpose of embarking passengers for and disembarking

 

 

HB3607- 17 -LRB099 00324 AMC 20329 b

1passengers from the riverboat.
2    (g) "Gross receipts" means the total amount of money
3exchanged for the purchase of chips, tokens or electronic cards
4by riverboat or land-based gambling facility patrons.
5    (h) "Adjusted gross receipts" means the gross receipts less
6winnings paid to wagerers.
7    (i) "Cheat" means to alter the selection of criteria which
8determine the result of a gambling game or the amount or
9frequency of payment in a gambling game.
10    (j) (Blank).
11    (k) "Gambling operation" means the conduct of authorized
12gambling games upon a riverboat or in a land-based gambling
13facility.
14    (l) "License bid" means the lump sum amount of money that
15an applicant bids and agrees to pay the State in return for an
16owners license that is re-issued on or after July 1, 2003.
17    (m) The terms "minority person", "female", and "person with
18a disability" shall have the same meaning as defined in Section
192 of the Business Enterprise for Minorities, Females, and
20Persons 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
25Board, which shall have the powers and duties specified in this

 

 

HB3607- 18 -LRB099 00324 AMC 20329 b

1Act, and all other powers necessary and proper to fully and
2effectively execute this Act for the purpose of administering,
3regulating, and enforcing the system of riverboat and
4land-based gambling established by this Act. Its jurisdiction
5shall extend under this Act to every person, association,
6corporation, partnership and trust involved in riverboat and
7land-based gambling operations in the State of Illinois.
8    (2) The Board shall consist of 5 members to be appointed by
9the Governor with the advice and consent of the Senate, one of
10whom shall be designated by the Governor to be chairman. Each
11member shall have a reasonable knowledge of the practice,
12procedure and principles of gambling operations. Each member
13shall either be a resident of Illinois or shall certify that he
14will become a resident of Illinois before taking office. At
15least one member shall be experienced in law enforcement and
16criminal investigation, at least one member shall be a
17certified public accountant experienced in accounting and
18auditing, and at least one member shall be a lawyer licensed to
19practice law in Illinois.
20    (3) The terms of office of the Board members shall be 3
21years, except that the terms of office of the initial Board
22members appointed pursuant to this Act will commence from the
23effective date of this Act and run as follows: one for a term
24ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
25a term ending July 1, 1993. Upon the expiration of the
26foregoing terms, the successors of such members shall serve a

 

 

HB3607- 19 -LRB099 00324 AMC 20329 b

1term for 3 years and until their successors are appointed and
2qualified for like terms. Vacancies in the Board shall be
3filled for the unexpired term in like manner as original
4appointments. Each member of the Board shall be eligible for
5reappointment at the discretion of the Governor with the advice
6and consent of the Senate.
7    (4) Each member of the Board shall receive $300 for each
8day the Board meets and for each day the member conducts any
9hearing pursuant to this Act. Each member of the Board shall
10also be reimbursed for all actual and necessary expenses and
11disbursements incurred in the execution of official duties.
12    (5) No person shall be appointed a member of the Board or
13continue to be a member of the Board who is, or whose spouse,
14child or parent is, a member of the board of directors of, or a
15person financially interested in, any gambling operation
16subject to the jurisdiction of this Board, or any race track,
17race meeting, racing association or the operations thereof
18subject to the jurisdiction of the Illinois Racing Board. No
19Board member shall hold any other public office. No person
20shall be a member of the Board who is not of good moral
21character or who has been convicted of, or is under indictment
22for, a felony under the laws of Illinois or any other state, or
23the United States.
24    (5.5) No member of the Board shall engage in any political
25activity. For the purposes of this Section, "political" means
26any activity in support of or in connection with any campaign

 

 

HB3607- 20 -LRB099 00324 AMC 20329 b

1for federal, State, or local elective office or any political
2organization, but does not include activities (i) relating to
3the support or opposition of any executive, legislative, or
4administrative action (as those terms are defined in Section 2
5of the Lobbyist Registration Act), (ii) relating to collective
6bargaining, or (iii) that are otherwise in furtherance of the
7person's official State duties or governmental and public
8service functions.
9    (6) Any member of the Board may be removed by the Governor
10for neglect of duty, misfeasance, malfeasance, or nonfeasance
11in office or for engaging in any political activity.
12    (7) Before entering upon the discharge of the duties of his
13office, each member of the Board shall take an oath that he
14will faithfully execute the duties of his office according to
15the laws of the State and the rules and regulations adopted
16therewith and shall give bond to the State of Illinois,
17approved by the Governor, in the sum of $25,000. Every such
18bond, when duly executed and approved, shall be recorded in the
19office of the Secretary of State. Whenever the Governor
20determines that the bond of any member of the Board has become
21or is likely to become invalid or insufficient, he shall
22require such member forthwith to renew his bond, which is to be
23approved by the Governor. Any member of the Board who fails to
24take oath and give bond within 30 days from the date of his
25appointment, or who fails to renew his bond within 30 days
26after it is demanded by the Governor, shall be guilty of

 

 

HB3607- 21 -LRB099 00324 AMC 20329 b

1neglect of duty and may be removed by the Governor. The cost of
2any bond given by any member of the Board under this Section
3shall be taken to be a part of the necessary expenses of the
4Board.
5    (7.5) For the examination of all mechanical,
6electromechanical, or electronic table games, slot machines,
7slot accounting systems, and other electronic gaming equipment
8for compliance with this Act, the Board may utilize the
9services of one or more independent outside testing
10laboratories that have been accredited by a national
11accreditation body and that, in the judgment of the Board, are
12qualified to perform such examinations.
13    (8) The Board shall employ such personnel as may be
14necessary to carry out its functions and shall determine the
15salaries of all personnel, except those personnel whose
16salaries are determined under the terms of a collective
17bargaining agreement. No person shall be employed to serve the
18Board who is, or whose spouse, parent or child is, an official
19of, or has a financial interest in or financial relation with,
20any operator engaged in gambling operations within this State
21or any organization engaged in conducting horse racing within
22this State. Any employee violating these prohibitions shall be
23subject to termination of employment.
24    (9) An Administrator shall perform any and all duties that
25the Board shall assign him. The salary of the Administrator
26shall be determined by the Board and, in addition, he shall be

 

 

HB3607- 22 -LRB099 00324 AMC 20329 b

1reimbursed for all actual and necessary expenses incurred by
2him in discharge of his official duties. The Administrator
3shall keep records of all proceedings of the Board and shall
4preserve all records, books, documents and other papers
5belonging to the Board or entrusted to its care. The
6Administrator shall devote his full time to the duties of the
7office and shall not hold any other office or employment.
8    (b) The Board shall have general responsibility for the
9implementation of this Act. Its duties include, without
10limitation, 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;

 

 

HB3607- 23 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 24 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 25 -LRB099 00324 AMC 20329 b

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
26supervise all gambling operations governed by this Act. The

 

 

HB3607- 26 -LRB099 00324 AMC 20329 b

1Board shall have all powers necessary and proper to fully and
2effectively execute the provisions of this Act, including, but
3not 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

 

 

HB3607- 27 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 28 -LRB099 00324 AMC 20329 b

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.

 

 

HB3607- 29 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 30 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 31 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 32 -LRB099 00324 AMC 20329 b

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
19the Department of State Police in conducting background
20investigations of applicants and in fulfilling its
21responsibilities under this Section. Costs incurred by the
22Department of State Police as a result of such cooperation
23shall be paid by the Board in conformance with the requirements
24of Section 2605-400 of the Department of State Police Law (20
25ILCS 2605/2605-400).
26    (e) The Board must authorize to each investigator and to

 

 

HB3607- 33 -LRB099 00324 AMC 20329 b

1any other employee of the Board exercising the powers of a
2peace officer a distinct badge that, on its face, (i) clearly
3states that the badge is authorized by the Board and (ii)
4contains a unique identifying number. No other badge shall be
5authorized 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
10the contrary, the Board shall, on written request from any
11person, provide information furnished by an applicant or
12licensee concerning the applicant or licensee, his products,
13services or gambling enterprises and his business holdings, as
14follows:
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.

 

 

HB3607- 34 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 35 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 36 -LRB099 00324 AMC 20329 b

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
21the contrary, the Board shall, on written request from any
22person, 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

 

 

HB3607- 37 -LRB099 00324 AMC 20329 b

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
7disclose 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
12information in accordance with Section 6 of the Freedom of
13Information 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
18license to conduct a riverboat or land-based gambling operation
19as provided in this Act. The application shall be made on forms
20provided by the Board and shall contain such information as the
21Board prescribes, including but not limited to the identity and
22exact location of the riverboat or land-based gambling facility
23where on which such gambling operation is to be conducted and
24the exact location where such riverboat will be docked, a
25certification that the riverboat or land-based gambling

 

 

HB3607- 38 -LRB099 00324 AMC 20329 b

1facility will be registered under this Act at all times during
2which gambling operations are conducted on board, detailed
3information regarding the ownership and management of the
4applicant, and detailed personal information regarding the
5applicant. Any application for an owners license to be
6re-issued on or after June 1, 2003 shall also include the
7applicant's license bid in a form prescribed by the Board.
8Information provided on the application shall be used as a
9basis for a thorough background investigation which the Board
10shall conduct with respect to each applicant. An incomplete
11application shall be cause for denial of a license by the
12Board.
13    (b) Applicants shall submit with their application all
14documents, resolutions, and letters of support from the
15governing body that represents the municipality or county
16wherein the licensee will dock or be located.
17    (c) Each applicant shall disclose the identity of every
18person, association, trust or corporation having a greater than
191% direct or indirect pecuniary interest in the riverboat or
20land-based gambling operation with respect to which the license
21is sought. If the disclosed entity is a trust, the application
22shall disclose the names and addresses of the beneficiaries; if
23a corporation, the names and addresses of all stockholders and
24directors; if a partnership, the names and addresses of all
25partners, both general and limited.
26    (d) An application shall be filed and considered in

 

 

HB3607- 39 -LRB099 00324 AMC 20329 b

1accordance 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
3associated with the background investigation conducted by the
4Board. If the costs of the investigation exceed $50,000, the
5applicant shall pay the additional amount to the Board. If the
6costs of the investigation are less than $50,000, the applicant
7shall receive a refund of the remaining amount. All
8information, records, interviews, reports, statements,
9memoranda or other data supplied to or used by the Board in the
10course of its review or investigation of an application for a
11license or a renewal under this Act shall be privileged,
12strictly confidential and shall be used only for the purpose of
13evaluating an applicant for a license or a renewal. Such
14information, records, interviews, reports, statements,
15memoranda or other data shall not be admissible as evidence,
16nor discoverable in any action of any kind in any court or
17before any tribunal, board, agency or person, except for any
18action deemed necessary by the Board.
19    (e) The Board shall charge each applicant a fee set by the
20Department of State Police to defray the costs associated with
21the search and classification of fingerprints obtained by the
22Board with respect to the applicant's application. These fees
23shall be paid into the State Police Services Fund.
24    (f) The licensed owner shall be the person primarily
25responsible for the boat or land-based gambling facility
26itself. Only one riverboat or land-based gambling operation may

 

 

HB3607- 40 -LRB099 00324 AMC 20329 b

1be authorized by the Board in any riverboat or land-based
2gambling facility on any riverboat. The applicant must identify
3each riverboat or land-based gambling facility it intends to
4use and certify that the riverboat or land-based gambling
5facility: (1) has the authorized capacity required in this Act;
6(2) is accessible to disabled persons; and (3) is fully
7registered and licensed in accordance with any applicable laws.
8    (g) A person who knowingly makes a false statement on an
9application 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
14or corporations which apply for such licenses upon payment to
15the Board of the non-refundable license fee set by the Board,
16upon payment of a $25,000 license fee for the first year of
17operation and a $5,000 license fee for each succeeding year and
18upon a determination by the Board that the applicant is
19eligible for an owners license pursuant to this Act and the
20rules of the Board. From the effective date of this amendatory
21Act of the 95th General Assembly until (i) 3 years after the
22effective date of this amendatory Act of the 95th General
23Assembly, (ii) the date any organization licensee begins to
24operate a slot machine or video game of chance under the
25Illinois Horse Racing Act of 1975 or this Act, (iii) the date

 

 

HB3607- 41 -LRB099 00324 AMC 20329 b

1that payments begin under subsection (c-5) of Section 13 of the
2Act, or (iv) the wagering tax imposed under Section 13 of this
3Act is increased by law to reflect a tax rate that is at least
4as stringent or more stringent than the tax rate contained in
5subsection (a-3) of Section 13, whichever occurs first, as a
6condition of licensure and as an alternative source of payment
7for those funds payable under subsection (c-5) of Section 13 of
8this Act the Riverboat Gambling Act, any owners licensee that
9holds or receives its owners license on or after the effective
10date of this amendatory Act of the 94th General Assembly, other
11than an owners licensee operating a riverboat with adjusted
12gross receipts in calendar year 2004 of less than $200,000,000,
13must pay into the Horse Racing Equity Trust Fund, in addition
14to any other payments required under this Act, an amount equal
15to 3% of the adjusted gross receipts received by the owners
16licensee. The payments required under this Section shall be
17made by the owners licensee to the State Treasurer no later
18than 3:00 o'clock p.m. of the day after the day when the
19adjusted gross receipts were received by the owners licensee. A
20person, firm or corporation is ineligible to receive an owners
21license 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

 

 

HB3607- 42 -LRB099 00324 AMC 20329 b

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
17the requirement that licensees make payment into the Horse
18Racing Equity Trust Fund without the express authority of the
19Illinois General Assembly and making any other rule to
20implement or interpret this amendatory Act of the 95th General
21Assembly. For the purposes of this paragraph, "rules" is given
22the meaning given to that term in Section 1-70 of the Illinois
23Administrative Procedure Act.
24    (b) In determining whether to grant an owners license to an
25applicant, the Board shall consider:
26        (1) the character, reputation, experience and

 

 

HB3607- 43 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 44 -LRB099 00324 AMC 20329 b

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
4riverboats shall operate and dock or where a land-based
5gambling facility shall be located.
6    (d) Each applicant shall submit with his application, on
7forms provided by the Board, 2 sets of his fingerprints.
8    (e) The Board may issue up to 10 licenses authorizing the
9holders of such licenses to own riverboats or land-based
10gambling operations. In the application for an owners license,
11the applicant shall state the dock at which the riverboat is
12based and the water on which the riverboat will be located or
13the proposed location of the land-based gambling facility. The
14Board shall issue 5 licenses to become effective not earlier
15than January 1, 1991. Three of such licenses shall authorize
16riverboat gambling on the Mississippi River or land-based
17gambling in a municipality that borders on the Mississippi
18River or is within 5 miles of the city limits of a municipality
19that borders on the Mississippi River, or, with approval by the
20municipality in which the riverboat was docked on August 7,
212003 and with Board approval, be authorized to relocate to a
22new location, in a municipality that (1) borders on the
23Mississippi River or is within 5 miles of the city limits of a
24municipality that borders on the Mississippi River and (2), on
25August 7, 2003, had a riverboat conducting riverboat gambling
26operations pursuant to a license issued under this Act; one of

 

 

HB3607- 45 -LRB099 00324 AMC 20329 b

1which shall authorize riverboat or land-based gambling from a
2home dock or land-based gambling facility in the city of East
3St. Louis. One other license shall authorize riverboat gambling
4on the Illinois River south of Marshall County or land-based
5gambling in a municipality adjacent to the Illinois River south
6of Marshall County. The Board shall issue one additional
7license to become effective not earlier than March 1, 1992,
8which shall authorize riverboat gambling on the Des Plaines
9River in Will County or land-based gambling in a municipality
10adjacent to the Des Plains River in Will County. The Board may
11issue 4 additional licenses to become effective not earlier
12than March 1, 1992. In determining the water upon which
13riverboats will operate or the locations where land-based
14gambling facilities will be located, the Board shall consider
15the economic benefit which riverboat or land-based gambling
16confers on the State, and shall seek to assure that all regions
17of the State share in the economic benefits of riverboat and
18land-based gambling.
19    In granting all licenses, the Board may give favorable
20consideration to economically depressed areas of the State, to
21applicants presenting plans which provide for significant
22economic development over a large geographic area, and to
23applicants who currently operate non-gambling riverboats in
24Illinois. The Board shall review all applications for owners
25licenses, and shall inform each applicant of the Board's
26decision. The Board may grant an owners license to an applicant

 

 

HB3607- 46 -LRB099 00324 AMC 20329 b

1that has not submitted the highest license bid, but if it does
2not select the highest bidder, the Board shall issue a written
3decision explaining why another applicant was selected and
4identifying the factors set forth in this Section that favored
5the winning bidder.
6    In addition to any other revocation powers granted to the
7Board under this Act, the Board may revoke the owners license
8of a licensee which fails to begin conducting gambling within
915 months of receipt of the Board's approval of the application
10if the Board determines that license revocation is in the best
11interests of the State.
12    (f) The first 10 owners licenses issued under this Act
13shall permit the holder to own up to 2 riverboats or land-based
14gambling facilities and equipment thereon for a period of 3
15years after the effective date of the license. Holders of the
16first 10 owners licenses must pay the annual license fee for
17each of the 3 years during which they are authorized to own
18riverboats.
19    (g) Upon the termination, expiration, or revocation of each
20of the first 10 licenses, which shall be issued for a 3 year
21period, all licenses are renewable annually upon payment of the
22fee and a determination by the Board that the licensee
23continues to meet all of the requirements of this Act and the
24Board's rules. However, for licenses renewed on or after May 1,
251998, renewal shall be for a period of 4 years, unless the
26Board sets a shorter period.

 

 

HB3607- 47 -LRB099 00324 AMC 20329 b

1    (h) An owners license shall entitle the licensee to own up
2to 2 gambling operations riverboats. A licensee shall limit the
3number of gambling participants to 1,200 for any such owners
4license. A licensee may operate both of its gambling operations
5riverboats concurrently, provided that the total number of
6gambling participants for both gambling operations on both
7riverboats does not exceed 1,200. Riverboats licensed to
8operate on the Mississippi River and the Illinois River south
9of Marshall County shall have an authorized capacity of at
10least 500 persons. Any other riverboat licensed under this Act
11shall have an authorized capacity of at least 400 persons.
12    (i) A licensed owner is authorized to apply to the Board
13for and, if approved therefor, to receive all licenses from the
14Board necessary for the operation of a riverboat or land-based
15gambling facility, including a liquor license, a license to
16prepare and serve food for human consumption, and other
17necessary licenses. All use, occupation and excise taxes which
18apply to the sale of food and beverages in this State and all
19taxes imposed on the sale or use of tangible personal property
20apply to such sales aboard the riverboat or within the
21land-based gambling facility.
22    (j) The Board may issue or re-issue a license authorizing a
23riverboat to dock in a municipality, authorizing a land-based
24gambling facility to be located in a municipality, or approve a
25relocation under Section 11.2 only if, prior to the issuance or
26re-issuance of the license or approval, the governing body of

 

 

HB3607- 48 -LRB099 00324 AMC 20329 b

1the municipality in which the riverboat will dock or the
2land-based gambling facility will be located has by a majority
3vote approved the docking of riverboats or the placement of
4land-based gambling facilities in the municipality. The Board
5may issue or re-issue a license authorizing a riverboat to dock
6or authorizing a land-based gambling facility to be located in
7areas of a county outside any municipality or approve a
8relocation under Section 11.2 only if, prior to the issuance or
9re-issuance of the license or approval, the governing body of
10the county has by a majority vote approved of the docking of
11riverboats or the placement of land-based gambling facilities
12within such areas.
13    (k) The Board may authorize a licensed owner to transfer
14its gambling operation from a riverboat to a land-based
15gambling facility or from a land-based gambling facility to a
16riverboat in compliance with this Act and subject to Board
17directives 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
21licenses.
22    (a) If an owners license terminates or expires without
23renewal or the Board revokes or determines not to renew an
24owners license (including, without limitation, an owners
25license for a licensee that was not conducting riverboat

 

 

HB3607- 49 -LRB099 00324 AMC 20329 b

1gambling operations on January 1, 1998) and that revocation or
2determination is final, the Board may re-issue such license to
3a qualified applicant pursuant to an open and competitive
4bidding process, as set forth in Section 7.5, and subject to
5the maximum number of authorized licenses set forth in Section
67(e).
7    (b) To be a qualified applicant, a person, firm, or
8corporation cannot be ineligible to receive an owners license
9under Section 7(a) and must submit an application for an owners
10license that complies with Section 6. Each such applicant must
11also submit evidence to the Board that minority persons and
12females hold ownership interests in the applicant of at least
1316% and 4% respectively.
14    (c) Notwithstanding anything to the contrary in Section
157(e), an applicant may apply to the Board for approval of
16relocation of a re-issued license to a new home dock or
17land-based location authorized under Section 3(c) upon receipt
18of the approval from the municipality or county, as the case
19may be, pursuant to Section 7(j).
20    (d) In determining whether to grant a re-issued owners
21license to an applicant, the Board shall consider all of the
22factors set forth in Sections 7(b) and (e) as well as the
23amount of the applicant's license bid. The Board may grant the
24re-issued owners license to an applicant that has not submitted
25the highest license bid, but if it does not select the highest
26bidder, the Board shall issue a written decision explaining why

 

 

HB3607- 50 -LRB099 00324 AMC 20329 b

1another applicant was selected and identifying the factors set
2forth in Sections 7(b) and (e) that favored the winning bidder.
3    (e) Re-issued owners licenses shall be subject to annual
4license fees as provided for in Section 7(a) and shall be
5governed 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
10license, the Board determines that the highest prospective
11total revenue to the State would be derived from State conduct
12of the gambling operation in lieu of re-issuing the license,
13the Board shall inform each applicant of its decision. The
14Board shall thereafter have the authority, without obtaining an
15owners license, to conduct riverboat or land-based gambling
16operations as previously authorized by the terminated,
17expired, revoked, or nonrenewed license through a licensed
18manager selected pursuant to an open and competitive bidding
19process as set forth in Section 7.5 and as provided in Section
207.4.
21    (b) The Board may locate any riverboat or land-based
22gambling facility containing on which a gambling operation is
23conducted by the State in any home dock or land-based location
24authorized by Section 3(c) upon receipt of approval from a
25majority vote of the governing body of the municipality or

 

 

HB3607- 51 -LRB099 00324 AMC 20329 b

1county, as the case may be, in which the riverboat will dock or
2the land-based gambling facility will be located.
3    (c) The Board shall have jurisdiction over and shall
4supervise all gambling operations conducted by the State
5provided for in this Act and shall have all powers necessary
6and proper to fully and effectively execute the provisions of
7this Act relating to gambling operations conducted by the
8State.
9    (d) The maximum number of owners licenses authorized under
10Section 7(e) shall be reduced by one for each instance in which
11the Board authorizes the State to conduct a riverboat or
12land-based gambling operation under subsection (a) in lieu of
13re-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
18managers license to operate and manage any gambling operation
19conducted by the State. The application shall be made on forms
20provided by the Board and shall contain such information as the
21Board prescribes, including but not limited to information
22required in Sections 6(a), (b), and (c) and information
23relating to the applicant's proposed price to manage State
24gambling operations and to provide the riverboat, land-based
25gambling facility, gambling equipment, and supplies necessary

 

 

HB3607- 52 -LRB099 00324 AMC 20329 b

1to conduct State gambling operations.
2    (b) Each applicant must submit evidence to the Board that
3minority persons and females hold ownership interests in the
4applicant of at least 16% and 4%, respectively.
5    (c) A person, firm, or corporation is ineligible to receive
6a 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.

 

 

HB3607- 53 -LRB099 00324 AMC 20329 b

1    (d) Each applicant shall submit with his or her
2application, on forms prescribed by the Board, 2 sets of his or
3her fingerprints.
4    (e) The Board shall charge each applicant a fee, set by the
5Board, to defray the costs associated with the background
6investigation conducted by the Board.
7    (f) A person who knowingly makes a false statement on an
8application is guilty of a Class A misdemeanor.
9    (g) The managers license shall be for a term not to exceed
1010 years, shall be renewable at the Board's option, and shall
11contain such terms and provisions as the Board deems necessary
12to protect or enhance the credibility and integrity of State
13gambling operations, achieve the highest prospective total
14revenue to the State, and otherwise serve the interests of the
15citizens of Illinois.
16    (h) Issuance of a managers license shall be subject to an
17open and competitive bidding process. The Board may select an
18applicant other than the lowest bidder by price. If it does not
19select the lowest bidder, the Board shall issue a notice of who
20the lowest bidder was and a written decision as to why another
21bidder 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

 

 

HB3607- 54 -LRB099 00324 AMC 20329 b

1persons, firms or corporations which apply therefor upon the
2payment of a non-refundable application fee set by the Board,
3upon a determination by the Board that the applicant is
4eligible for a suppliers license and upon payment of a $5,000
5annual license fee.
6    (b) The holder of a suppliers license is authorized to sell
7or lease, and to contract to sell or lease, gambling equipment
8and supplies to any licensee involved in the ownership or
9management of gambling operations.
10    (c) Gambling supplies and equipment may not be distributed
11unless supplies and equipment conform to standards adopted by
12rules of the Board.
13    (d) A person, firm or corporation is ineligible to receive
14a 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;

 

 

HB3607- 55 -LRB099 00324 AMC 20329 b

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
9supplies to a licensed riverboat or land-based gambling
10operation must first obtain a suppliers license. A supplier
11shall furnish to the Board a list of all equipment, devices and
12supplies offered for sale or lease in connection with gambling
13games authorized under this Act. A supplier shall keep books
14and records for the furnishing of equipment, devices and
15supplies to gambling operations separate and distinct from any
16other business that the supplier might operate. A supplier
17shall file a quarterly return with the Board listing all sales
18and leases. A supplier shall permanently affix its name or a
19distinctive logo or other mark or design element identifying
20the manufacturer or supplier to all its equipment, devices, and
21supplies, except gaming chips without a value impressed,
22engraved, or imprinted on it, for gambling operations. The
23Board may waive this requirement for any specific product or
24products if it determines that the requirement is not necessary
25to protect the integrity of the game. Items purchased from a
26licensed supplier may continue to be used even though the

 

 

HB3607- 56 -LRB099 00324 AMC 20329 b

1supplier subsequently changes its name, distinctive logo, or
2other mark or design element; undergoes a change in ownership;
3or ceases to be licensed as a supplier for any reason. Any
4supplier's equipment, devices or supplies which are used by any
5person in an unauthorized gambling operation shall be forfeited
6to the State. A licensed owner may own its own equipment,
7devices and supplies. Each holder of an owners license under
8the Act shall file an annual report listing its inventories of
9gambling equipment, devices and supplies.
10    (f) Any person who knowingly makes a false statement on an
11application is guilty of a Class A misdemeanor.
12    (g) Any gambling equipment, devices and supplies provided
13by any licensed supplier may either be repaired on the
14riverboat or removed from the riverboat to an on-shore facility
15owned 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;
1798-756, 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
21applicant upon the payment of a non-refundable fee set by the
22Board, upon a determination by the Board that the applicant is
23eligible for an occupational license and upon payment of an
24annual license fee in an amount to be established. To be
25eligible for an occupational license, an applicant must:

 

 

HB3607- 57 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 58 -LRB099 00324 AMC 20329 b

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
5on forms prescribed by the Board and shall contain all
6information required by the Board. The applicant shall set
7forth in the application: whether he has been issued prior
8gambling related licenses; whether he has been licensed in any
9other state under any other name, and, if so, such name and his
10age; and whether or not a permit or license issued to him in
11any other state has been suspended, restricted or revoked, and,
12if so, for what period of time.
13    (c) Each applicant shall submit with his application, on
14forms provided by the Board, 2 sets of his fingerprints. The
15Board shall charge each applicant a fee set by the Department
16of State Police to defray the costs associated with the search
17and classification of fingerprints obtained by the Board with
18respect to the applicant's application. These fees shall be
19paid into the State Police Services Fund.
20    (d) The Board may in its discretion refuse an occupational
21license to any person: (1) who is unqualified to perform the
22duties required of such applicant; (2) who fails to disclose or
23states falsely any information called for in the application;
24(3) who has been found guilty of a violation of this Act or
25whose prior gambling related license or application therefor
26has been suspended, restricted, revoked or denied for just

 

 

HB3607- 59 -LRB099 00324 AMC 20329 b

1cause in any other state; or (4) for any other just cause.
2    (e) The Board may suspend, revoke or restrict any
3occupational licensee: (1) for violation of any provision of
4this Act; (2) for violation of any of the rules and regulations
5of the Board; (3) for any cause which, if known to the Board,
6would have disqualified the applicant from receiving such
7license; or (4) for default in the payment of any obligation or
8debt due to the State of Illinois; or (5) for any other just
9cause.
10    (f) A person who knowingly makes a false statement on an
11application is guilty of a Class A misdemeanor.
12    (g) Any license issued pursuant to this Section shall be
13valid for a period of one year from the date of issuance.
14    (h) Nothing in this Act shall be interpreted to prohibit a
15licensed owner from entering into an agreement with a public
16community college or a school approved under the Private
17Business and Vocational Schools Act of 2012 for the training of
18any occupational licensee. Any training offered by such a
19school shall be in accordance with a written agreement between
20the licensed owner and the school.
21    (i) Any training provided for occupational licensees may be
22conducted either on the riverboat or in the land-based gambling
23facility or at a school with which a licensed owner has entered
24into an agreement pursuant to subsection (h).
25(Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12;
2697-1150, eff. 1-25-13.)
 

 

 

HB3607- 60 -LRB099 00324 AMC 20329 b

1    (230 ILCS 10/11)  (from Ch. 120, par. 2411)
2    Sec. 11. Conduct of gambling. Gambling may be conducted by
3licensed owners or licensed managers on behalf of the State
4aboard riverboats or in land-based gambling facilities,
5subject 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

 

 

HB3607- 61 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 62 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 63 -LRB099 00324 AMC 20329 b

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
22agreements. Notwithstanding any applicable statutory provision
23to the contrary, a licensed owner or manager who extends credit
24to a riverboat or land-based gambling patron pursuant to
25Section 11 (a) (12) of this Act is expressly authorized to

 

 

HB3607- 64 -LRB099 00324 AMC 20329 b

1institute a cause of action to collect any amounts due and
2owing under the extension of credit, as well as the owner's or
3manager's costs, expenses and reasonable attorney's fees
4incurred 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
9on January 1, 1998 may apply to the Board for renewal and
10approval of relocation to a new home dock or land-based
11location authorized under Section 3(c) and the Board shall
12grant the application and approval upon receipt by the licensee
13of approval from the new municipality or county, as the case
14may be, in which the licensee wishes to relocate pursuant to
15Section 7(j).
16    (b) Any licensee that relocates its home dock or relocates
17to a land-based gambling facility pursuant to this Section
18shall attain a level of at least 20% minority person and female
19ownership, at least 16% and 4% respectively, within a time
20period prescribed by the Board, but not to exceed 12 months
21from the date the licensee begins conducting gambling at the
22new home dock or land-based location. The 12-month period shall
23be extended by the amount of time necessary to conduct a
24background investigation pursuant to Section 6. For the
25purposes of this Section, the terms "female" and "minority

 

 

HB3607- 65 -LRB099 00324 AMC 20329 b

1person" have the meanings provided in Section 2 of the Business
2Enterprise for Minorities, Females, and Persons with
3Disabilities 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
8and land-based gambling facilities operated by licensed owners
9authorized pursuant to this Act. Until July 1, 2002, the rate
10is $2 per person admitted. From July 1, 2002 until July 1,
112003, the rate is $3 per person admitted. From July 1, 2003
12until August 23, 2005 (the effective date of Public Act
1394-673), for a licensee that admitted 1,000,000 persons or
14fewer in the previous calendar year, the rate is $3 per person
15admitted; for a licensee that admitted more than 1,000,000 but
16no more than 2,300,000 persons in the previous calendar year,
17the rate is $4 per person admitted; and for a licensee that
18admitted more than 2,300,000 persons in the previous calendar
19year, the rate is $5 per person admitted. Beginning on August
2023, 2005 (the effective date of Public Act 94-673), for a
21licensee that admitted 1,000,000 persons or fewer in calendar
22year 2004, the rate is $2 per person admitted, and for all
23other licensees, including licensees that were not conducting
24gambling operations in 2004, the rate is $3 per person
25admitted. This admission tax is imposed upon the licensed owner

 

 

HB3607- 66 -LRB099 00324 AMC 20329 b

1conducting 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
19licensed managers on behalf of the State pursuant to Section
207.3 at the rates provided in this subsection (a-5). For a
21licensee that admitted 1,000,000 persons or fewer in the
22previous calendar year, the rate is $3 per person admitted; for
23a licensee that admitted more than 1,000,000 but no more than
242,300,000 persons in the previous calendar year, the rate is $4
25per person admitted; and for a licensee that admitted more than
262,300,000 persons in the previous calendar year, the rate is $5

 

 

HB3607- 67 -LRB099 00324 AMC 20329 b

1per 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
13imposed under subsection (a-5), a municipality shall receive
14from the State $1 for each person embarking on a riverboat
15docked within the municipality and for each person entering a
16land-based gambling facility within the municipality, and a
17county shall receive $1 for each person embarking on a
18riverboat docked within the county but outside the boundaries
19of any municipality and for each person entering a land-based
20gambling facility within the county but outside the boundaries
21of any municipality. The municipality's or county's share shall
22be collected by the Board on behalf of the State and remitted
23quarterly by the State, subject to appropriation, to the
24treasurer of the unit of local government for deposit in the
25general fund.
26    (c) The licensed owner shall pay the entire admission tax

 

 

HB3607- 68 -LRB099 00324 AMC 20329 b

1to the Board and the licensed manager shall pay the entire
2admission fee to the Board. Such payments shall be made daily.
3Accompanying each payment shall be a return on forms provided
4by the Board which shall include other information regarding
5admissions as the Board may require. Failure to submit either
6the payment or the return within the specified time may result
7in suspension or revocation of the owners or managers license.
8    (d) The Board shall administer and collect the admission
9tax imposed by this Section, to the extent practicable, in a
10manner consistent with the provisions of Sections 4, 5, 5a, 5b,
115c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
12Retailers' Occupation Tax Act and Section 3-7 of the Uniform
13Penalty 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
18gross receipts received from gambling games authorized under
19this Act at the rate of 20%.
20    (a-1) From January 1, 1998 until July 1, 2002, a privilege
21tax is imposed on persons engaged in the business of conducting
22riverboat gambling operations, based on the adjusted gross
23receipts received by a licensed owner from gambling games
24authorized under this Act at the following rates:
25        15% of annual adjusted gross receipts up to and

 

 

HB3607- 69 -LRB099 00324 AMC 20329 b

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
11is imposed on persons engaged in the business of conducting
12riverboat gambling operations, other than licensed managers
13conducting riverboat gambling operations on behalf of the
14State, based on the adjusted gross receipts received by a
15licensed owner from gambling games authorized under this Act at
16the 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;

 

 

HB3607- 70 -LRB099 00324 AMC 20329 b

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
6persons engaged in the business of conducting riverboat
7gambling operations, other than licensed managers conducting
8riverboat gambling operations on behalf of the State, based on
9the adjusted gross receipts received by a licensed owner from
10gambling games authorized under this Act at the following
11rates:
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

 

 

HB3607- 71 -LRB099 00324 AMC 20329 b

1under this subsection (a-3) that are in addition to the amount
2of wagering taxes that would have been collected if the
3wagering tax rates under subsection (a-2) were in effect shall
4be paid into the Common School Fund.
5    The privilege tax imposed under this subsection (a-3) shall
6no longer be imposed beginning on the earlier of (i) July 1,
72005; (ii) the first date after June 20, 2003 that riverboat
8gambling operations are conducted pursuant to a dormant
9license; or (iii) the first day that riverboat gambling
10operations are conducted under the authority of an owners
11license that is in addition to the 10 owners licenses initially
12authorized under this Act. For the purposes of this subsection
13(a-3), the term "dormant license" means an owners license that
14is authorized by this Act under which no riverboat gambling
15operations are being conducted on June 20, 2003.
16    (a-4) Beginning on the first day on which the tax imposed
17under subsection (a-3) is no longer imposed, a privilege tax is
18imposed on persons engaged in the business of conducting
19riverboat or land-based gambling operations, other than
20licensed managers conducting riverboat or land-based gambling
21operations on behalf of the State, based on the adjusted gross
22receipts received by a licensed owner from gambling games
23authorized 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

 

 

HB3607- 72 -LRB099 00324 AMC 20329 b

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
13conducted by a licensed manager on behalf of the State are not
14subject to the tax imposed under this Section.
15    (a-10) The taxes imposed by this Section shall be paid by
16the licensed owner to the Board not later than 5:00 o'clock
17p.m. of the day after the day when the wagers were made.
18    (a-15) If the privilege tax imposed under subsection (a-3)
19is no longer imposed pursuant to item (i) of the last paragraph
20of subsection (a-3), then by June 15 of each year, each owners
21licensee, other than an owners licensee that admitted 1,000,000
22persons or fewer in calendar year 2004, must, in addition to
23the payment of all amounts otherwise due under this Section,
24pay to the Board a reconciliation payment in the amount, if
25any, by which the licensed owner's base amount exceeds the
26amount of net privilege tax paid by the licensed owner to the

 

 

HB3607- 73 -LRB099 00324 AMC 20329 b

1Board in the then current State fiscal year. A licensed owner's
2net privilege tax obligation due for the balance of the State
3fiscal year shall be reduced up to the total of the amount paid
4by the licensed owner in its June 15 reconciliation payment.
5The obligation imposed by this subsection (a-15) is binding on
6any person, firm, corporation, or other entity that acquires an
7ownership interest in any such owners license. The obligation
8imposed under this subsection (a-15) terminates on the earliest
9of: (i) July 1, 2007, (ii) the first day after the effective
10date of this amendatory Act of the 94th General Assembly that
11riverboat gambling operations are conducted pursuant to a
12dormant license, (iii) the first day that riverboat gambling
13operations are conducted under the authority of an owners
14license that is in addition to the 10 owners licenses initially
15authorized under this Act, or (iv) the first day that a
16licensee under the Illinois Horse Racing Act of 1975 conducts
17gaming operations with slot machines or other electronic gaming
18devices. The Board must reduce the obligation imposed under
19this subsection (a-15) by an amount the Board deems reasonable
20for any of the following reasons: (A) an act or acts of God,
21(B) an act of bioterrorism or terrorism or a bioterrorism or
22terrorism threat that was investigated by a law enforcement
23agency, or (C) a condition beyond the control of the owners
24licensee that does not result from any act or omission by the
25owners licensee or any of its agents and that poses a hazardous
26threat to the health and safety of patrons. If an owners

 

 

HB3607- 74 -LRB099 00324 AMC 20329 b

1licensee pays an amount in excess of its liability under this
2Section, the Board shall apply the overpayment to future
3payments required under this Section.
4    For purposes of this subsection (a-15):
5    "Act of God" means an incident caused by the operation of
6an extraordinary force that cannot be foreseen, that cannot be
7avoided by the exercise of due care, and for which no person
8can 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
19subsection (a-3).
20    "Net privilege tax" means all privilege taxes paid by a
21licensed owner to the Board under this Section, less all
22payments 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
2594-839 are intended to restate and clarify the intent of Public
26Act 94-673 with respect to the amount of the payments required

 

 

HB3607- 75 -LRB099 00324 AMC 20329 b

1to be made under this subsection by an owners licensee to the
2Board.
3    (b) Until January 1, 1998, 25% of the tax revenue deposited
4in the State Gaming Fund under this Section shall be paid,
5subject to appropriation by the General Assembly, to the unit
6of local government which is designated as the home dock of the
7riverboat. Beginning January 1, 1998, from the tax revenue
8deposited in the State Gaming Fund under this Section, an
9amount equal to 5% of adjusted gross receipts generated by a
10riverboat or land-based gambling facility shall be paid
11monthly, subject to appropriation by the General Assembly, to
12the unit of local government that is designated as the home
13dock of the riverboat or location of the land-based gambling
14facility. From the tax revenue deposited in the State Gaming
15Fund pursuant to riverboat or land-based gambling operations
16conducted by a licensed manager on behalf of the State, an
17amount equal to 5% of adjusted gross receipts generated
18pursuant to those riverboat or land-based gambling operations
19shall be paid monthly, subject to appropriation by the General
20Assembly, to the unit of local government that is designated as
21the home dock or land-based location of the gambling operation
22of the riverboat upon which those riverboat gambling operations
23are conducted.
24    (c) Appropriations, as approved by the General Assembly,
25may be made from the State Gaming Fund to the Board (i) for the
26administration and enforcement of this Act and the Video Gaming

 

 

HB3607- 76 -LRB099 00324 AMC 20329 b

1Act, (ii) for distribution to the Department of State Police
2and to the Department of Revenue for the enforcement of this
3Act, and (iii) to the Department of Human Services for the
4administration of programs to treat problem gambling.
5    (c-5) Before May 26, 2006 (the effective date of Public Act
694-804) and beginning on the effective date of this amendatory
7Act of the 95th General Assembly, unless any organization
8licensee under the Illinois Horse Racing Act of 1975 begins to
9operate a slot machine or video game of chance under the
10Illinois Horse Racing Act of 1975 or this Act, after the
11payments required under subsections (b) and (c) have been made,
12an amount equal to 15% of the adjusted gross receipts of (1) an
13owners licensee that relocates pursuant to Section 11.2, (2) an
14owners licensee conducting riverboat gambling operations
15pursuant to an owners license that is initially issued after
16June 25, 1999, or (3) the first riverboat gambling operations
17conducted by a licensed manager on behalf of the State under
18Section 7.3, whichever comes first, shall be paid from the
19State Gaming Fund into the Horse Racing Equity Fund.
20    (c-10) Each year the General Assembly shall appropriate
21from the General Revenue Fund to the Education Assistance Fund
22an amount equal to the amount paid into the Horse Racing Equity
23Fund 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
26adjusted gross receipts of (1) an owners licensee that

 

 

HB3607- 77 -LRB099 00324 AMC 20329 b

1relocates pursuant to Section 11.2, (2) an owners licensee
2conducting riverboat gambling operations pursuant to an owners
3license that is initially issued after June 25, 1999, or (3)
4the first riverboat gambling operations conducted by a licensed
5manager on behalf of the State under Section 7.3, whichever
6comes first, shall be paid, subject to appropriation from the
7General Assembly, from the State Gaming Fund to each home rule
8county with a population of over 3,000,000 inhabitants for the
9purpose of enhancing the county's criminal justice system.
10    (c-20) Each year the General Assembly shall appropriate
11from the General Revenue Fund to the Education Assistance Fund
12an amount equal to the amount paid to each home rule county
13with a population of over 3,000,000 inhabitants pursuant to
14subsection (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
17the 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
20the School Infrastructure Fund and $23,000,000 shall be
21transferred from the State Gaming Fund to the Horse Racing
22Equity Fund.
23    (c-35) Beginning on July 1, 2013, in addition to any amount
24transferred under subsection (c-30) of this Section,
25$5,530,000 shall be transferred monthly from the State Gaming
26Fund to the School Infrastructure Fund.

 

 

HB3607- 78 -LRB099 00324 AMC 20329 b

1    (d) From time to time, the Board shall transfer the
2remainder of the funds generated by this Act into the Education
3Assistance Fund, created by Public Act 86-0018, of the State of
4Illinois.
5    (e) Nothing in this Act shall prohibit the unit of local
6government designated as the home dock of the riverboat or home
7location of the land-based gambling facility from entering into
8agreements with other units of local government in this State
9or in other states to share its portion of the tax revenue.
10    (f) To the extent practicable, the Board shall administer
11and collect the wagering taxes imposed by this Section in a
12manner consistent with the provisions of Sections 4, 5, 5a, 5b,
135c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
14Retailers' Occupation Tax Act and Section 3-7 of the Uniform
15Penalty 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
20any 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

 

 

HB3607- 79 -LRB099 00324 AMC 20329 b

1any 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
7outside the riverboat or land-based gambling facility is
8subject 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,
11shall be barred for life from riverboats and land-based
12gambling facilities under the jurisdiction of the Board, if the
13person 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

 

 

HB3607- 80 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 81 -LRB099 00324 AMC 20329 b

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
21described in subsection (d), paragraphs (3), (5), or (10)
22permits a rebuttable presumption that the possessor intended to
23use the devices for cheating.
24    (f) A person under the age of 21 who, except as authorized
25under paragraph (10) of Section 11, enters upon a riverboat or
26land-based gambling facility commits a petty offense and is

 

 

HB3607- 82 -LRB099 00324 AMC 20329 b

1subject to a fine of not less than $100 or more than $250 for a
2first offense and of not less than $200 or more than $500 for a
3second or subsequent offense.
4    An action to prosecute any crime occurring on a riverboat
5or in a land-based gambling facility shall be tried in the
6county of the dock at which the riverboat is based or in the
7county 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
12land-based gambling facility used for the conduct of gambling
13games in violation of this Act shall be considered a gambling
14place in violation of Section 28-3 of the Criminal Code of
152012. Every gambling device found on a riverboat or in a
16land-based gambling facility operating gambling games in
17violation of this Act shall be subject to seizure, confiscation
18and destruction as provided in Section 28-5 of the Criminal
19Code of 2012.
20    (b) It is not a violation of this Act for a riverboat or
21other watercraft which is licensed for gaming by a contiguous
22state to dock on the shores of this State if the municipality
23having jurisdiction of the shores, or the county in the case of
24unincorporated areas, has granted permission for docking and no
25gaming is conducted on the riverboat or other watercraft while

 

 

HB3607- 83 -LRB099 00324 AMC 20329 b

1it is docked on the shores of this State. No gambling device
2shall be subject to seizure, confiscation or destruction if the
3gambling device is located on a riverboat or other watercraft
4which is licensed for gaming by a contiguous state and which is
5docked on the shores of this State if the municipality having
6jurisdiction of the shores, or the county in the case of
7unincorporated areas, has granted permission for docking and no
8gaming is conducted on the riverboat or other watercraft while
9it 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
13person who conducts a gambling operation without first
14obtaining a license to do so, or who continues to conduct such
15games after revocation of his license, or any licensee who
16conducts or allows to be conducted any unauthorized gambling
17games on a riverboat or in a land-based gambling facility where
18it is authorized to conduct its riverboat or land-based
19gambling operation, in addition to other penalties provided,
20shall be subject to a civil penalty equal to the amount of
21gross receipts derived from wagering on the gambling games,
22whether unauthorized or authorized, conducted on that day as
23well as confiscation and forfeiture of all gambling game
24equipment used in the conduct of unauthorized gambling games.
25(Source: P.A. 86-1029.)
 

 

 

HB3607- 84 -LRB099 00324 AMC 20329 b

1    (230 ILCS 10/24)
2    Sec. 24. Applicability of this Illinois Riverboat Gambling
3Act. The provisions of this the Illinois Riverboat Gambling
4Act, and all rules promulgated thereunder, shall apply to the
5Video Gaming Act, except where there is a conflict between the
62 Acts.
7(Source: P.A. 96-37, eff. 7-13-09.)
 
8    Section 40. The Video Gaming Act is amended by changing
9Sections 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
14purchased by a player.
15    "Distributor" means an individual, partnership,
16corporation, or limited liability company licensed under this
17Act to buy, sell, lease, or distribute video gaming terminals
18or major components or parts of video gaming terminals to or
19from terminal operators.
20    "Electronic card" means a card purchased from a licensed
21establishment, licensed fraternal establishment, licensed
22veterans establishment, or licensed truck stop establishment
23for use in that establishment as a substitute for cash in the

 

 

HB3607- 85 -LRB099 00324 AMC 20329 b

1conduct of gaming on a video gaming terminal.
2    "Electronic voucher" means a voucher printed by an
3electronic video game machine that is redeemable in the
4licensed establishment for which it was issued.
5    "Terminal operator" means an individual, partnership,
6corporation, or limited liability company that is licensed
7under this Act and that owns, services, and maintains video
8gaming terminals for placement in licensed establishments,
9licensed truck stop establishments, licensed fraternal
10establishments, or licensed veterans establishments.
11    "Licensed technician" means an individual who is licensed
12under this Act to repair, service, and maintain video gaming
13terminals.
14    "Licensed terminal handler" means a person, including but
15not limited to an employee or independent contractor working
16for a manufacturer, distributor, supplier, technician, or
17terminal operator, who is licensed under this Act to possess or
18control a video gaming terminal or to have access to the inner
19workings of a video gaming terminal. A licensed terminal
20handler does not include an individual, partnership,
21corporation, or limited liability company defined as a
22manufacturer, distributor, supplier, technician, or terminal
23operator under this Act.
24    "Manufacturer" means an individual, partnership,
25corporation, or limited liability company that is licensed
26under this Act and that manufactures or assembles video gaming

 

 

HB3607- 86 -LRB099 00324 AMC 20329 b

1terminals.
2    "Supplier" means an individual, partnership, corporation,
3or limited liability company that is licensed under this Act to
4supply major components or parts to video gaming terminals to
5licensed terminal operators.
6    "Net terminal income" means money put into a video gaming
7terminal minus credits paid out to players.
8    "Video gaming terminal" means any electronic video game
9machine that, upon insertion of cash, electronic cards or
10vouchers, or any combination thereof, is available to play or
11simulate the play of a video game, including but not limited to
12video poker, line up, and blackjack, as authorized by the Board
13utilizing a video display and microprocessors in which the
14player may receive free games or credits that can be redeemed
15for cash. The term does not include a machine that directly
16dispenses coins, cash, or tokens or is for amusement purposes
17only.
18    "Licensed establishment" means any licensed retail
19establishment where alcoholic liquor is drawn, poured, mixed,
20or otherwise served for consumption on the premises, whether
21the establishment operates on a nonprofit or for-profit basis.
22"Licensed establishment" includes any such establishment that
23has a contractual relationship with an inter-track wagering
24location licensee licensed under the Illinois Horse Racing Act
25of 1975, provided any contractual relationship shall not
26include any transfer or offer of revenue from the operation of

 

 

HB3607- 87 -LRB099 00324 AMC 20329 b

1video gaming under this Act to any licensee licensed under the
2Illinois Horse Racing Act of 1975. Provided, however, that the
3licensed establishment that has such a contractual
4relationship with an inter-track wagering location licensee
5may not, itself, be (i) an inter-track wagering location
6licensee, (ii) the corporate parent or subsidiary of any
7licensee licensed under the Illinois Horse Racing Act of 1975,
8or (iii) the corporate subsidiary of a corporation that is also
9the corporate parent or subsidiary of any licensee licensed
10under the Illinois Horse Racing Act of 1975. "Licensed
11establishment" does not include a facility operated by an
12organization licensee, an inter-track wagering licensee, or an
13inter-track wagering location licensee licensed under the
14Illinois Horse Racing Act of 1975 or a gambling operation
15riverboat licensed under the Riverboat and Land-based Gambling
16Act, except as provided in this paragraph. The changes made to
17this definition by Public Act 98-587 are declarative of
18existing law.
19    "Licensed fraternal establishment" means the location
20where a qualified fraternal organization that derives its
21charter from a national fraternal organization regularly
22meets.
23    "Licensed veterans establishment" means the location where
24a qualified veterans organization that derives its charter from
25a national veterans organization regularly meets.
26    "Licensed truck stop establishment" means a facility (i)

 

 

HB3607- 88 -LRB099 00324 AMC 20329 b

1that is at least a 3-acre facility with a convenience store,
2(ii) with separate diesel islands for fueling commercial motor
3vehicles, (iii) that sells at retail more than 10,000 gallons
4of diesel or biodiesel fuel per month, and (iv) with parking
5spaces for commercial motor vehicles. "Commercial motor
6vehicles" has the same meaning as defined in Section 18b-101 of
7the Illinois Vehicle Code. The requirement of item (iii) of
8this paragraph may be met by showing that estimated future
9sales 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;
1198-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff.
127-16-14.)
 
13    (230 ILCS 40/25)
14    Sec. 25. Restriction of licensees.
15    (a) Manufacturer. A person may not be licensed as a
16manufacturer of a video gaming terminal in Illinois unless the
17person has a valid manufacturer's license issued under this
18Act. A manufacturer may only sell video gaming terminals for
19use in Illinois to persons having a valid distributor's
20license.
21    (b) Distributor. A person may not sell, distribute, or
22lease or market a video gaming terminal in Illinois unless the
23person has a valid distributor's license issued under this Act.
24A distributor may only sell video gaming terminals for use in
25Illinois to persons having a valid distributor's or terminal

 

 

HB3607- 89 -LRB099 00324 AMC 20329 b

1operator's license.
2    (c) Terminal operator. A person may not own, maintain, or
3place a video gaming terminal unless he has a valid terminal
4operator's license issued under this Act. A terminal operator
5may only place video gaming terminals for use in Illinois in
6licensed establishments, licensed truck stop establishments,
7licensed fraternal establishments, and licensed veterans
8establishments. No terminal operator may give anything of
9value, including but not limited to a loan or financing
10arrangement, to a licensed establishment, licensed truck stop
11establishment, licensed fraternal establishment, or licensed
12veterans establishment as any incentive or inducement to locate
13video terminals in that establishment. Of the after-tax profits
14from a video gaming terminal, 50% shall be paid to the terminal
15operator and 50% shall be paid to the licensed establishment,
16licensed truck stop establishment, licensed fraternal
17establishment, or licensed veterans establishment,
18notwithstanding any agreement to the contrary. A video terminal
19operator that violates one or more requirements of this
20subsection is guilty of a Class 4 felony and is subject to
21termination of his or her license by the Board.
22    (d) Licensed technician. A person may not service,
23maintain, or repair a video gaming terminal in this State
24unless he or she (1) has a valid technician's license issued
25under this Act, (2) is a terminal operator, or (3) is employed
26by a terminal operator, distributor, or manufacturer.

 

 

HB3607- 90 -LRB099 00324 AMC 20329 b

1    (d-5) Licensed terminal handler. No person, including, but
2not limited to, an employee or independent contractor working
3for a manufacturer, distributor, supplier, technician, or
4terminal operator licensed pursuant to this Act, shall have
5possession or control of a video gaming terminal, or access to
6the inner workings of a video gaming terminal, unless that
7person possesses a valid terminal handler's license issued
8under this Act.
9    (e) Licensed establishment. No video gaming terminal may be
10placed in any licensed establishment, licensed veterans
11establishment, licensed truck stop establishment, or licensed
12fraternal establishment unless the owner or agent of the owner
13of the licensed establishment, licensed veterans
14establishment, licensed truck stop establishment, or licensed
15fraternal establishment has entered into a written use
16agreement with the terminal operator for placement of the
17terminals. A copy of the use agreement shall be on file in the
18terminal operator's place of business and available for
19inspection by individuals authorized by the Board. A licensed
20establishment, licensed truck stop establishment, licensed
21veterans establishment, or licensed fraternal establishment
22may operate up to 5 video gaming terminals on its premises at
23any time.
24    (f) (Blank).
25    (g) Financial interest restrictions. As used in this Act,
26"substantial interest" in a partnership, a corporation, an

 

 

HB3607- 91 -LRB099 00324 AMC 20329 b

1organization, an association, a business, or a limited
2liability 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

 

 

HB3607- 92 -LRB099 00324 AMC 20329 b

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
5all individuals or their spouses whose combined interest would
6qualify as a substantial interest under this subsection (g) and
7whose activities with respect to an organization, association,
8or business are so closely aligned or coordinated as to
9constitute the activities of a single entity.
10    (h) Location restriction. A licensed establishment,
11licensed truck stop establishment, licensed fraternal
12establishment, or licensed veterans establishment that is (i)
13located within 1,000 feet of a facility operated by an
14organization licensee licensed under the Illinois Horse Racing
15Act of 1975 or the home dock of a riverboat or location of a
16land-based gambling facility licensed under the Riverboat and
17Land-based Gambling Act or (ii) located within 100 feet of a
18school or a place of worship under the Religious Corporation
19Act, is ineligible to operate a video gaming terminal. The
20location restrictions in this subsection (h) do not apply if
21(A) a facility operated by an organization licensee, a school,
22or a place of worship moves to or is established within the
23restricted area after a licensed establishment, licensed truck
24stop establishment, licensed fraternal establishment, or
25licensed veterans establishment becomes licensed under this
26Act or (B) a school or place of worship moves to or is

 

 

HB3607- 93 -LRB099 00324 AMC 20329 b

1established within the restricted area after a licensed
2establishment, licensed truck stop establishment, licensed
3fraternal establishment, or licensed veterans establishment
4obtains its original liquor license. For the purpose of this
5subsection, "school" means an elementary or secondary public
6school, or an elementary or secondary private school registered
7with or recognized by the State Board of Education.
8    Notwithstanding the provisions of this subsection (h), the
9Board may waive the requirement that a licensed establishment,
10licensed truck stop establishment, licensed fraternal
11establishment, or licensed veterans establishment not be
12located within 1,000 feet from a facility operated by an
13organization licensee licensed under the Illinois Horse Racing
14Act of 1975 or the home dock of a riverboat or location of a
15land-based gambling facility licensed under the Riverboat and
16Land-based Gambling Act. The Board shall not grant such waiver
17if there is any common ownership or control, shared business
18activity, or contractual arrangement of any type between the
19establishment and the organization licensee or owners licensee
20of a riverboat or land-based gambling facility. The Board shall
21adopt rules to implement the provisions of this paragraph.
22    (i) Undue economic concentration. In addition to
23considering all other requirements under this Act, in deciding
24whether to approve the operation of video gaming terminals by a
25terminal operator in a location, the Board shall consider the
26impact of any economic concentration of such operation of video

 

 

HB3607- 94 -LRB099 00324 AMC 20329 b

1gaming terminals. The Board shall not allow a terminal operator
2to operate video gaming terminals if the Board determines such
3operation will result in undue economic concentration. For
4purposes of this Section, "undue economic concentration" means
5that a terminal operator would have such actual or potential
6influence 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
14concentration with respect to the operation of video gaming
15terminals in Illinois. The rules shall include, but not be
16limited to, (i) limitations on the number of video gaming
17terminals operated by any terminal operator within a defined
18geographic radius and (ii) guidelines on the discontinuation of
19operation of any such video gaming terminals the Board
20determines will cause undue economic concentration.
21    (j) The provisions of the Illinois Antitrust Act are fully
22and equally applicable to the activities of any licensee under
23this Act.
24(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77,
25eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
 

 

 

HB3607- 95 -LRB099 00324 AMC 20329 b

1    (230 ILCS 40/45)
2    Sec. 45. Issuance of license.
3    (a) The burden is upon each applicant to demonstrate his
4suitability for licensure. Each video gaming terminal
5manufacturer, distributor, supplier, operator, handler,
6licensed establishment, licensed truck stop establishment,
7licensed fraternal establishment, and licensed veterans
8establishment shall be licensed by the Board. The Board may
9issue or deny a license under this Act to any person pursuant
10to the same criteria set forth in Section 9 of the Riverboat
11and Land-based Gambling Act.
12    (a-5) The Board shall not grant a license to a person who
13has facilitated, enabled, or participated in the use of
14coin-operated devices for gambling purposes or who is under the
15significant influence or control of such a person. For the
16purposes of this Act, "facilitated, enabled, or participated in
17the use of coin-operated amusement devices for gambling
18purposes" means that the person has been convicted of any
19violation of Article 28 of the Criminal Code of 1961 or the
20Criminal Code of 2012. If there is pending legal action against
21a person for any such violation, then the Board shall delay the
22licensure of that person until the legal action is resolved.
23    (b) Each person seeking and possessing a license as a video
24gaming terminal manufacturer, distributor, supplier, operator,
25handler, licensed establishment, licensed truck stop
26establishment, licensed fraternal establishment, or licensed

 

 

HB3607- 96 -LRB099 00324 AMC 20329 b

1veterans establishment shall submit to a background
2investigation conducted by the Board with the assistance of the
3State Police or other law enforcement. To the extent that the
4corporate structure of the applicant allows, the background
5investigation shall include any or all of the following as the
6Board deems appropriate or as provided by rule for each
7category of licensure: (i) each beneficiary of a trust, (ii)
8each partner of a partnership, (iii) each member of a limited
9liability company, (iv) each director and officer of a publicly
10or non-publicly held corporation, (v) each stockholder of a
11non-publicly held corporation, (vi) each stockholder of 5% or
12more of a publicly held corporation, or (vii) each stockholder
13of 5% or more in a parent or subsidiary corporation.
14    (c) Each person seeking and possessing a license as a video
15gaming terminal manufacturer, distributor, supplier, operator,
16handler, licensed establishment, licensed truck stop
17establishment, licensed fraternal establishment, or licensed
18veterans establishment shall disclose the identity of every
19person, association, trust, corporation, or limited liability
20company having a greater than 1% direct or indirect pecuniary
21interest in the video gaming terminal operation for which the
22license is sought. If the disclosed entity is a trust, the
23application shall disclose the names and addresses of the
24beneficiaries; if a corporation, the names and addresses of all
25stockholders and directors; if a limited liability company, the
26names and addresses of all members; or if a partnership, the

 

 

HB3607- 97 -LRB099 00324 AMC 20329 b

1names and addresses of all partners, both general and limited.
2    (d) No person may be licensed as a video gaming terminal
3manufacturer, distributor, supplier, operator, handler,
4licensed establishment, licensed truck stop establishment,
5licensed fraternal establishment, or licensed veterans
6establishment 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
19burden of proving his or her qualifications to the satisfaction
20of the Board. The Board may adopt rules to establish additional
21qualifications and requirements to preserve the integrity and
22security of video gaming in this State.
23    (f) A non-refundable application fee shall be paid at the
24time an application for a license is filed with the Board in
25the following amounts:
26        (1) Manufacturer..........................$5,000

 

 

HB3607- 98 -LRB099 00324 AMC 20329 b

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
7license 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,
19licensed truck stop establishment, licensed fraternal
20establishment, or licensed veterans establishment shall
21equally 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;
2398-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
 
24    (230 ILCS 40/79)
25    Sec. 79. Investigators. Investigators appointed by the

 

 

HB3607- 99 -LRB099 00324 AMC 20329 b

1Board pursuant to the powers conferred upon the Board by
2paragraph (20.6) of subsection (c) of Section 5 of the
3Riverboat and Land-based Gambling Act and Section 80 of this
4Act shall have authority to conduct investigations, searches,
5seizures, arrests, and other duties imposed under this Act and
6the Riverboat and Land-based Gambling Act, as deemed necessary
7by the Board. These investigators have and may exercise all of
8the rights and powers of peace officers, provided that these
9powers shall be (1) limited to offenses or violations occurring
10or committed in connection with conduct subject to this Act,
11including, but not limited to, the manufacture, distribution,
12supply, operation, placement, service, maintenance, or play of
13video gaming terminals and the distribution of profits and
14collection of revenues resulting from such play, and (2)
15exercised, to the fullest extent practicable, in cooperation
16with the local police department of the applicable municipality
17or, if these powers are exercised outside the boundaries of an
18incorporated municipality or within a municipality that does
19not have its own police department, in cooperation with the
20police department whose jurisdiction encompasses the
21applicable locality.
22(Source: P.A. 97-809, eff. 7-13-12.)
 
23    (230 ILCS 40/80)
24    Sec. 80. Applicability of Illinois Riverboat and
25Land-based Gambling Act. The provisions of the Illinois

 

 

HB3607- 100 -LRB099 00324 AMC 20329 b

1Riverboat and Land-based Gambling Act, and all rules
2promulgated thereunder, shall apply to the Video Gaming Act,
3except where there is a conflict between the 2 Acts. All
4provisions of the Uniform Penalty and Interest Act shall apply,
5as far as practicable, to the subject matter of this Act to the
6same 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
9changing 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
12Commission shall be of the following classes:
13    (a) Manufacturer's license - Class 1. Distiller, Class 2.
14Rectifier, Class 3. Brewer, Class 4. First Class Wine
15Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
16First Class Winemaker, Class 7. Second Class Winemaker, Class
178. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1810. 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,

 

 

HB3607- 101 -LRB099 00324 AMC 20329 b

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
13business entity that is engaged in the manufacturing of wine
14may concurrently obtain and hold a wine-maker's license and a
15wine manufacturer's license.
16    (a) A manufacturer's license shall allow the manufacture,
17importation in bulk, storage, distribution and sale of
18alcoholic liquor to persons without the State, as may be
19permitted by law and to licensees in this State as follows:
20    Class 1. A Distiller may make sales and deliveries of
21alcoholic liquor to distillers, rectifiers, importing
22distributors, distributors and non-beverage users and to no
23other licensees.
24    Class 2. A Rectifier, who is not a distiller, as defined
25herein, may make sales and deliveries of alcoholic liquor to
26rectifiers, importing distributors, distributors, retailers

 

 

HB3607- 102 -LRB099 00324 AMC 20329 b

1and non-beverage users and to no other licensees.
2    Class 3. A Brewer may make sales and deliveries of beer to
3importing distributors and distributors and may make sales as
4authorized under subsection (e) of Section 6-4 of this Act.
5    Class 4. A first class wine-manufacturer may make sales and
6deliveries of up to 50,000 gallons of wine to manufacturers,
7importing distributors and distributors, and to no other
8licensees.
9    Class 5. A second class Wine manufacturer may make sales
10and deliveries of more than 50,000 gallons of wine to
11manufacturers, importing distributors and distributors and to
12no other licensees.
13    Class 6. A first-class wine-maker's license shall allow the
14manufacture of up to 50,000 gallons of wine per year, and the
15storage and sale of such wine to distributors in the State and
16to persons without the State, as may be permitted by law. A
17person who, prior to the effective date of this amendatory Act
18of the 95th General Assembly, is a holder of a first-class
19wine-maker's license and annually produces more than 25,000
20gallons of its own wine and who distributes its wine to
21licensed retailers shall cease this practice on or before July
221, 2008 in compliance with this amendatory Act of the 95th
23General Assembly.
24    Class 7. A second-class wine-maker's license shall allow
25the manufacture of between 50,000 and 150,000 gallons of wine
26per year, and the storage and sale of such wine to distributors

 

 

HB3607- 103 -LRB099 00324 AMC 20329 b

1in this State and to persons without the State, as may be
2permitted by law. A person who, prior to the effective date of
3this amendatory Act of the 95th General Assembly, is a holder
4of a second-class wine-maker's license and annually produces
5more than 25,000 gallons of its own wine and who distributes
6its wine to licensed retailers shall cease this practice on or
7before July 1, 2008 in compliance with this amendatory Act of
8the 95th General Assembly.
9    Class 8. A limited wine-manufacturer may make sales and
10deliveries not to exceed 40,000 gallons of wine per year to
11distributors, and to non-licensees in accordance with the
12provisions of this Act.
13    Class 9. A craft distiller license shall allow the
14manufacture of up to 30,000 gallons of spirits by distillation
15for one year after the effective date of this amendatory Act of
16the 97th General Assembly and up to 35,000 gallons of spirits
17by distillation per year thereafter and the storage of such
18spirits. If a craft distiller licensee is not affiliated with
19any other manufacturer, then the craft distiller licensee may
20sell such spirits to distributors in this State and up to 2,500
21gallons of such spirits to non-licensees to the extent
22permitted by any exemption approved by the Commission pursuant
23to Section 6-4 of this Act.
24    Any craft distiller licensed under this Act who on the
25effective date of this amendatory Act of the 96th General
26Assembly was licensed as a distiller and manufactured no more

 

 

HB3607- 104 -LRB099 00324 AMC 20329 b

1spirits than permitted by this Section shall not be required to
2pay the initial licensing fee.
3    Class 10. A craft brewer's license, which may only be
4issued to a licensed brewer or licensed non-resident dealer,
5shall allow the manufacture of up to 930,000 gallons of beer
6per year. A craft brewer licensee may make sales and deliveries
7to importing distributors and distributors and to retail
8licensees in accordance with the conditions set forth in
9paragraph (18) of subsection (a) of Section 3-12 of this Act.
10    (a-1) A manufacturer which is licensed in this State to
11make sales or deliveries of alcoholic liquor to licensed
12distributors or importing distributors and which enlists
13agents, representatives, or individuals acting on its behalf
14who contact licensed retailers on a regular and continual basis
15in this State must register those agents, representatives, or
16persons acting on its behalf with the State Commission.
17    Registration of agents, representatives, or persons acting
18on behalf of a manufacturer is fulfilled by submitting a form
19to the Commission. The form shall be developed by the
20Commission and shall include the name and address of the
21applicant, the name and address of the manufacturer he or she
22represents, the territory or areas assigned to sell to or
23discuss pricing terms of alcoholic liquor, and any other
24questions deemed appropriate and necessary. All statements in
25the forms required to be made by law or by rule shall be deemed
26material, and any person who knowingly misstates any material

 

 

HB3607- 105 -LRB099 00324 AMC 20329 b

1fact under oath in an application is guilty of a Class B
2misdemeanor. Fraud, misrepresentation, false statements,
3misleading statements, evasions, or suppression of material
4facts in the securing of a registration are grounds for
5suspension or revocation of the registration. The State
6Commission shall post a list of registered agents on the
7Commission's website.
8    (b) A distributor's license shall allow the wholesale
9purchase and storage of alcoholic liquors and sale of alcoholic
10liquors to licensees in this State and to persons without the
11State, as may be permitted by law.
12    (c) An importing distributor's license may be issued to and
13held by those only who are duly licensed distributors, upon the
14filing of an application by a duly licensed distributor, with
15the Commission and the Commission shall, without the payment of
16any fee, immediately issue such importing distributor's
17license to the applicant, which shall allow the importation of
18alcoholic liquor by the licensee into this State from any point
19in the United States outside this State, and the purchase of
20alcoholic liquor in barrels, casks or other bulk containers and
21the bottling of such alcoholic liquors before resale thereof,
22but all bottles or containers so filled shall be sealed,
23labeled, stamped and otherwise made to comply with all
24provisions, rules and regulations governing manufacturers in
25the preparation and bottling of alcoholic liquors. The
26importing distributor's license shall permit such licensee to

 

 

HB3607- 106 -LRB099 00324 AMC 20329 b

1purchase alcoholic liquor from Illinois licensed non-resident
2dealers and foreign importers only.
3    (d) A retailer's license shall allow the licensee to sell
4and offer for sale at retail, only in the premises specified in
5the license, alcoholic liquor for use or consumption, but not
6for resale in any form. Nothing in this amendatory Act of the
795th General Assembly shall deny, limit, remove, or restrict
8the ability of a holder of a retailer's license to transfer,
9deliver, or ship alcoholic liquor to the purchaser for use or
10consumption subject to any applicable local law or ordinance.
11Any retail license issued to a manufacturer shall only permit
12the manufacturer to sell beer at retail on the premises
13actually occupied by the manufacturer. For the purpose of
14further describing the type of business conducted at a retail
15licensed premises, a retailer's licensee may be designated by
16the State Commission as (i) an on premise consumption retailer,
17(ii) an off premise sale retailer, or (iii) a combined on
18premise 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
21event retailer licensee for resale to the extent permitted
22under subsection (e).
23    (e) A special event retailer's license (not-for-profit)
24shall permit the licensee to purchase alcoholic liquors from an
25Illinois licensed distributor (unless the licensee purchases
26less than $500 of alcoholic liquors for the special event, in

 

 

HB3607- 107 -LRB099 00324 AMC 20329 b

1which case the licensee may purchase the alcoholic liquors from
2a licensed retailer) and shall allow the licensee to sell and
3offer for sale, at retail, alcoholic liquors for use or
4consumption, but not for resale in any form and only at the
5location and on the specific dates designated for the special
6event in the license. An applicant for a special event retailer
7license must (i) furnish with the application: (A) a resale
8number issued under Section 2c of the Retailers' Occupation Tax
9Act or evidence that the applicant is registered under Section
102a of the Retailers' Occupation Tax Act, (B) a current, valid
11exemption identification number issued under Section 1g of the
12Retailers' Occupation Tax Act, and a certification to the
13Commission that the purchase of alcoholic liquors will be a
14tax-exempt purchase, or (C) a statement that the applicant is
15not registered under Section 2a of the Retailers' Occupation
16Tax Act, does not hold a resale number under Section 2c of the
17Retailers' Occupation Tax Act, and does not hold an exemption
18number under Section 1g of the Retailers' Occupation Tax Act,
19in which event the Commission shall set forth on the special
20event retailer's license a statement to that effect; (ii)
21submit with the application proof satisfactory to the State
22Commission that the applicant will provide dram shop liability
23insurance in the maximum limits; and (iii) show proof
24satisfactory to the State Commission that the applicant has
25obtained local authority approval.
26    (f) A railroad license shall permit the licensee to import

 

 

HB3607- 108 -LRB099 00324 AMC 20329 b

1alcoholic liquors into this State from any point in the United
2States outside this State and to store such alcoholic liquors
3in this State; to make wholesale purchases of alcoholic liquors
4directly from manufacturers, foreign importers, distributors
5and importing distributors from within or outside this State;
6and to store such alcoholic liquors in this State; provided
7that the above powers may be exercised only in connection with
8the importation, purchase or storage of alcoholic liquors to be
9sold or dispensed on a club, buffet, lounge or dining car
10operated on an electric, gas or steam railway in this State;
11and provided further, that railroad licensees exercising the
12above powers shall be subject to all provisions of Article VIII
13of this Act as applied to importing distributors. A railroad
14license shall also permit the licensee to sell or dispense
15alcoholic liquors on any club, buffet, lounge or dining car
16operated on an electric, gas or steam railway regularly
17operated by a common carrier in this State, but shall not
18permit the sale for resale of any alcoholic liquors to any
19licensee within this State. A license shall be obtained for
20each car in which such sales are made.
21    (g) A boat license shall allow the sale of alcoholic liquor
22in individual drinks, on any passenger boat regularly operated
23as a common carrier on navigable waters in this State or on any
24riverboat operated under the Riverboat and Land-based Gambling
25Act, which boat or riverboat maintains a public dining room or
26restaurant thereon.

 

 

HB3607- 109 -LRB099 00324 AMC 20329 b

1    (h) A non-beverage user's license shall allow the licensee
2to purchase alcoholic liquor from a licensed manufacturer or
3importing distributor, without the imposition of any tax upon
4the business of such licensed manufacturer or importing
5distributor as to such alcoholic liquor to be used by such
6licensee solely for the non-beverage purposes set forth in
7subsection (a) of Section 8-1 of this Act, and such licenses
8shall be divided and classified and shall permit the purchase,
9possession and use of limited and stated quantities of
10alcoholic liquor as follows:
11Class 1, not to exceed ......................... 500 gallons
12Class 2, not to exceed ....................... 1,000 gallons
13Class 3, not to exceed ....................... 5,000 gallons
14Class 4, not to exceed ...................... 10,000 gallons
15Class 5, not to exceed ....................... 50,000 gallons
16    (i) A wine-maker's premises license shall allow a licensee
17that concurrently holds a first-class wine-maker's license to
18sell and offer for sale at retail in the premises specified in
19such license not more than 50,000 gallons of the first-class
20wine-maker's wine that is made at the first-class wine-maker's
21licensed premises per year for use or consumption, but not for
22resale in any form. A wine-maker's premises license shall allow
23a licensee who concurrently holds a second-class wine-maker's
24license to sell and offer for sale at retail in the premises
25specified in such license up to 100,000 gallons of the
26second-class wine-maker's wine that is made at the second-class

 

 

HB3607- 110 -LRB099 00324 AMC 20329 b

1wine-maker's licensed premises per year for use or consumption
2but not for resale in any form. A wine-maker's premises license
3shall allow a licensee that concurrently holds a first-class
4wine-maker's license or a second-class wine-maker's license to
5sell and offer for sale at retail at the premises specified in
6the wine-maker's premises license, for use or consumption but
7not for resale in any form, any beer, wine, and spirits
8purchased from a licensed distributor. Upon approval from the
9State Commission, a wine-maker's premises license shall allow
10the licensee to sell and offer for sale at (i) the wine-maker's
11licensed premises and (ii) at up to 2 additional locations for
12use and consumption and not for resale. Each location shall
13require additional licensing per location as specified in
14Section 5-3 of this Act. A wine-maker's premises licensee shall
15secure liquor liability insurance coverage in an amount at
16least equal to the maximum liability amounts set forth in
17subsection (a) of Section 6-21 of this Act.
18    (j) An airplane license shall permit the licensee to import
19alcoholic liquors into this State from any point in the United
20States outside this State and to store such alcoholic liquors
21in this State; to make wholesale purchases of alcoholic liquors
22directly from manufacturers, foreign importers, distributors
23and importing distributors from within or outside this State;
24and to store such alcoholic liquors in this State; provided
25that the above powers may be exercised only in connection with
26the importation, purchase or storage of alcoholic liquors to be

 

 

HB3607- 111 -LRB099 00324 AMC 20329 b

1sold or dispensed on an airplane; and provided further, that
2airplane licensees exercising the above powers shall be subject
3to all provisions of Article VIII of this Act as applied to
4importing distributors. An airplane licensee shall also permit
5the sale or dispensing of alcoholic liquors on any passenger
6airplane regularly operated by a common carrier in this State,
7but shall not permit the sale for resale of any alcoholic
8liquors to any licensee within this State. A single airplane
9license shall be required of an airline company if liquor
10service is provided on board aircraft in this State. The annual
11fee for such license shall be as determined in Section 5-3.
12    (k) A foreign importer's license shall permit such licensee
13to purchase alcoholic liquor from Illinois licensed
14non-resident dealers only, and to import alcoholic liquor other
15than in bulk from any point outside the United States and to
16sell such alcoholic liquor to Illinois licensed importing
17distributors and to no one else in Illinois; provided that (i)
18the foreign importer registers with the State Commission every
19brand of alcoholic liquor that it proposes to sell to Illinois
20licensees during the license period, (ii) the foreign importer
21complies with all of the provisions of Section 6-9 of this Act
22with respect to registration of such Illinois licensees as may
23be granted the right to sell such brands at wholesale, and
24(iii) the foreign importer complies with the provisions of
25Sections 6-5 and 6-6 of this Act to the same extent that these
26provisions apply to manufacturers.

 

 

HB3607- 112 -LRB099 00324 AMC 20329 b

1    (l) (i) A broker's license shall be required of all persons
2who solicit orders for, offer to sell or offer to supply
3alcoholic liquor to retailers in the State of Illinois, or who
4offer to retailers to ship or cause to be shipped or to make
5contact with distillers, rectifiers, brewers or manufacturers
6or any other party within or without the State of Illinois in
7order that alcoholic liquors be shipped to a distributor,
8importing distributor or foreign importer, whether such
9solicitation or offer is consummated within or without the
10State of Illinois.
11    No holder of a retailer's license issued by the Illinois
12Liquor Control Commission shall purchase or receive any
13alcoholic liquor, the order for which was solicited or offered
14for sale to such retailer by a broker unless the broker is the
15holder of a valid broker's license.
16    The broker shall, upon the acceptance by a retailer of the
17broker's solicitation of an order or offer to sell or supply or
18deliver or have delivered alcoholic liquors, promptly forward
19to the Illinois Liquor Control Commission a notification of
20said transaction in such form as the Commission may by
21regulations prescribe.
22    (ii) A broker's license shall be required of a person
23within this State, other than a retail licensee, who, for a fee
24or commission, promotes, solicits, or accepts orders for
25alcoholic liquor, for use or consumption and not for resale, to
26be shipped from this State and delivered to residents outside

 

 

HB3607- 113 -LRB099 00324 AMC 20329 b

1of this State by an express company, common carrier, or
2contract carrier. This Section does not apply to any person who
3promotes, solicits, or accepts orders for wine as specifically
4authorized in Section 6-29 of this Act.
5    A broker's license under this subsection (l) shall not
6entitle the holder to buy or sell any alcoholic liquors for his
7own account or to take or deliver title to such alcoholic
8liquors.
9    This subsection (l) shall not apply to distributors,
10employees of distributors, or employees of a manufacturer who
11has registered the trademark, brand or name of the alcoholic
12liquor pursuant to Section 6-9 of this Act, and who regularly
13sells such alcoholic liquor in the State of Illinois only to
14its registrants thereunder.
15    Any agent, representative, or person subject to
16registration pursuant to subsection (a-1) of this Section shall
17not be eligible to receive a broker's license.
18    (m) A non-resident dealer's license shall permit such
19licensee to ship into and warehouse alcoholic liquor into this
20State from any point outside of this State, and to sell such
21alcoholic liquor to Illinois licensed foreign importers and
22importing distributors and to no one else in this State;
23provided that (i) said non-resident dealer shall register with
24the Illinois Liquor Control Commission each and every brand of
25alcoholic liquor which it proposes to sell to Illinois
26licensees during the license period, (ii) it shall comply with

 

 

HB3607- 114 -LRB099 00324 AMC 20329 b

1all of the provisions of Section 6-9 hereof with respect to
2registration of such Illinois licensees as may be granted the
3right to sell such brands at wholesale, and (iii) the
4non-resident dealer shall comply with the provisions of
5Sections 6-5 and 6-6 of this Act to the same extent that these
6provisions apply to manufacturers.
7    (n) A brew pub license shall allow the licensee (i) to
8manufacture beer only on the premises specified in the license,
9(ii) to make sales of the beer manufactured on the premises or,
10with the approval of the Commission, beer manufactured on
11another brew pub licensed premises that is substantially owned
12and operated by the same licensee to importing distributors,
13distributors, and to non-licensees for use and consumption,
14(iii) to store the beer upon the premises, and (iv) to sell and
15offer for sale at retail from the licensed premises, provided
16that a brew pub licensee shall not sell for off-premises
17consumption more than 50,000 gallons per year. A person who
18holds a brew pub license may simultaneously hold a craft brewer
19license if he or she otherwise qualifies for the craft brewer
20license and the craft brewer license is for a location separate
21from the brew pub's licensed premises. A brew pub license shall
22permit a person who has received prior approval from the
23Commission to annually transfer no more than a total of 50,000
24gallons of beer manufactured on premises to all other licensed
25brew pubs that are substantially owned and operated by the same
26person.

 

 

HB3607- 115 -LRB099 00324 AMC 20329 b

1    (o) A caterer retailer license shall allow the holder to
2serve alcoholic liquors as an incidental part of a food service
3that serves prepared meals which excludes the serving of snacks
4as the primary meal, either on or off-site whether licensed or
5unlicensed.
6    (p) An auction liquor license shall allow the licensee to
7sell and offer for sale at auction wine and spirits for use or
8consumption, or for resale by an Illinois liquor licensee in
9accordance with provisions of this Act. An auction liquor
10license will be issued to a person and it will permit the
11auction liquor licensee to hold the auction anywhere in the
12State. An auction liquor license must be obtained for each
13auction at least 14 days in advance of the auction date.
14    (q) A special use permit license shall allow an Illinois
15licensed retailer to transfer a portion of its alcoholic liquor
16inventory from its retail licensed premises to the premises
17specified in the license hereby created, and to sell or offer
18for sale at retail, only in the premises specified in the
19license hereby created, the transferred alcoholic liquor for
20use or consumption, but not for resale in any form. A special
21use permit license may be granted for the following time
22periods: one day or less; 2 or more days to a maximum of 15 days
23per location in any 12 month period. An applicant for the
24special use permit license must also submit with the
25application proof satisfactory to the State Commission that the
26applicant will provide dram shop liability insurance to the

 

 

HB3607- 116 -LRB099 00324 AMC 20329 b

1maximum limits and have local authority approval.
2    (r) A winery shipper's license shall allow a person with a
3first-class or second-class wine manufacturer's license, a
4first-class or second-class wine-maker's license, or a limited
5wine manufacturer's license or who is licensed to make wine
6under the laws of another state to ship wine made by that
7licensee directly to a resident of this State who is 21 years
8of age or older for that resident's personal use and not for
9resale. Prior to receiving a winery shipper's license, an
10applicant for the license must provide the Commission with a
11true copy of its current license in any state in which it is
12licensed as a manufacturer of wine. An applicant for a winery
13shipper's license must also complete an application form that
14provides any other information the Commission deems necessary.
15The application form shall include an acknowledgement
16consenting to the jurisdiction of the Commission, the Illinois
17Department of Revenue, and the courts of this State concerning
18the enforcement of this Act and any related laws, rules, and
19regulations, including authorizing the Department of Revenue
20and the Commission to conduct audits for the purpose of
21ensuring compliance with this amendatory Act.
22    A winery shipper licensee must pay to the Department of
23Revenue the State liquor gallonage tax under Section 8-1 for
24all wine that is sold by the licensee and shipped to a person
25in this State. For the purposes of Section 8-1, a winery
26shipper licensee shall be taxed in the same manner as a

 

 

HB3607- 117 -LRB099 00324 AMC 20329 b

1manufacturer of wine. A licensee who is not otherwise required
2to register under the Retailers' Occupation Tax Act must
3register under the Use Tax Act to collect and remit use tax to
4the Department of Revenue for all gallons of wine that are sold
5by the licensee and shipped to persons in this State. If a
6licensee fails to remit the tax imposed under this Act in
7accordance with the provisions of Article VIII of this Act, the
8winery shipper's license shall be revoked in accordance with
9the provisions of Article VII of this Act. If a licensee fails
10to properly register and remit tax under the Use Tax Act or the
11Retailers' Occupation Tax Act for all wine that is sold by the
12winery shipper and shipped to persons in this State, the winery
13shipper's license shall be revoked in accordance with the
14provisions of Article VII of this Act.
15    A winery shipper licensee must collect, maintain, and
16submit to the Commission on a semi-annual basis the total
17number of cases per resident of wine shipped to residents of
18this State. A winery shipper licensed under this subsection (r)
19must comply with the requirements of Section 6-29 of this
20amendatory Act.
21(Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813,
22eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13;
2398-401, 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,

 

 

HB3607- 118 -LRB099 00324 AMC 20329 b

1the Illinois Gaming Board shall have exclusive authority to
2establish the hours for sale and consumption of alcoholic
3liquor on board a riverboat during riverboat gambling
4excursions conducted in accordance with the Riverboat and
5Land-based Gambling Act.
6(Source: P.A. 87-826.)
 
7    Section 50. The Illinois Public Aid Code is amended by
8changing Section 10-17.15 as follows:
 
9    (305 ILCS 5/10-17.15)
10    Sec. 10-17.15. Certification of information to State
11gaming licensees.
12    (a) For purposes of this Section, "State gaming licensee"
13means, as applicable, an organization licensee or advance
14deposit wagering licensee licensed under the Illinois Horse
15Racing Act of 1975, an owners licensee licensed under the
16Riverboat and Land-based Gambling Act, or a licensee that
17operates, under any law of this State, one or more facilities
18or gaming locations at which lawful gambling is authorized and
19licensed as provided in the Riverboat and Land-based Gambling
20Act.
21    (b) The Department may provide, by rule, for certification
22to any State gaming licensee of past due child support owed by
23a responsible relative under a support order entered by a court
24or administrative body of this or any other State on behalf of

 

 

HB3607- 119 -LRB099 00324 AMC 20329 b

1a resident or non-resident receiving child support services
2under this Article in accordance with the requirements of Title
3IV-D, Part D, of the Social Security Act. The State gaming
4licensee shall have the ability to withhold from winnings
5required to be reported to the Internal Revenue Service on Form
6W-2G, up to the full amount of winnings necessary to pay the
7winner's past due child support. The rule shall provide for
8notice to and an opportunity to be heard by each responsible
9relative affected and any final administrative decision
10rendered by the Department shall be reviewed only under and in
11accordance with the Administrative Review Law.
12    (c) For withholding of winnings, the State gaming licensee
13shall be entitled to an administrative fee not to exceed the
14lesser of 4% of the total amount of cash winnings paid to the
15gambling winner or $150.
16    (d) In no event may the total amount withheld from the cash
17payout, including the administrative fee, exceed the total cash
18winnings claimed by the obligor. If the cash payout claimed is
19greater than the amount sufficient to satisfy the obligor's
20delinquent child support payments, the State gaming licensee
21shall pay the obligor the remaining balance of the payout, less
22the administrative fee authorized by subsection (c) of this
23Section, at the time it is claimed.
24    (e) A State gaming licensee who in good faith complies with
25the requirements of this Section shall not be liable to the
26gaming winner or any other individual or entity.

 

 

HB3607- 120 -LRB099 00324 AMC 20329 b

1(Source: P.A. 98-318, eff. 8-12-13.)
 
2    Section 55. The Firearm Concealed Carry Act is amended by
3changing 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
7firearm 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

 

 

HB3607- 121 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 122 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 123 -LRB099 00324 AMC 20329 b

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.

 

 

HB3607- 124 -LRB099 00324 AMC 20329 b

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
15private 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

 

 

HB3607- 125 -LRB099 00324 AMC 20329 b

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
7prohibit the carrying of concealed firearms on the property
8under his or her control. The owner must post a sign in
9accordance with subsection (d) of this Section indicating that
10firearms are prohibited on the property, unless the property is
11a private residence.
12    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
13this Section except under paragraph (22) or (23) of subsection
14(a), any licensee prohibited from carrying a concealed firearm
15into the parking area of a prohibited location specified in
16subsection (a), (a-5), or (a-10) of this Section shall be
17permitted to carry a concealed firearm on or about his or her
18person within a vehicle into the parking area and may store a
19firearm or ammunition concealed in a case within a locked
20vehicle or locked container out of plain view within the
21vehicle in the parking area. A licensee may carry a concealed
22firearm in the immediate area surrounding his or her vehicle
23within a prohibited parking lot area only for the limited
24purpose of storing or retrieving a firearm within the vehicle's
25trunk, provided the licensee ensures the concealed firearm is
26unloaded prior to exiting the vehicle. For purposes of this

 

 

HB3607- 126 -LRB099 00324 AMC 20329 b

1subsection, "case" includes a glove compartment or console that
2completely encloses the concealed firearm or ammunition, the
3trunk of the vehicle, or a firearm carrying box, shipping box,
4or other container.
5    (c) A licensee shall not be in violation of this Section
6while he or she is traveling along a public right of way that
7touches or crosses any of the premises under subsection (a),
8(a-5), or (a-10) of this Section if the concealed firearm is
9carried on his or her person in accordance with the provisions
10of this Act or is being transported in a vehicle by the
11licensee in accordance with all other applicable provisions of
12law.
13    (d) Signs stating that the carrying of firearms is
14prohibited shall be clearly and conspicuously posted at the
15entrance of a building, premises, or real property specified in
16this Section as a prohibited area, unless the building or
17premises is a private residence. Signs shall be of a uniform
18design as established by the Department and shall be 4 inches
19by 6 inches in size. The Department shall adopt rules for
20standardized 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
23changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as
24follows:
 

 

 

HB3607- 127 -LRB099 00324 AMC 20329 b

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

 

 

HB3607- 128 -LRB099 00324 AMC 20329 b

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;

 

 

HB3607- 129 -LRB099 00324 AMC 20329 b

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
22not 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.

 

 

HB3607- 130 -LRB099 00324 AMC 20329 b

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.

 

 

HB3607- 131 -LRB099 00324 AMC 20329 b

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
25conviction under subsections (a)(3) through (a)(12), is a Class
264 felony.

 

 

HB3607- 132 -LRB099 00324 AMC 20329 b

1    (d) Circumstantial evidence.
2    In prosecutions under this Section circumstantial evidence
3shall have the same validity and weight as in any criminal
4prosecution.
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
9relationship between professional gambling and other organized
10crime, it is declared to be the policy of the legislature to
11restrain persons from engaging in the business of gambling for
12profit in this State. This Section shall be liberally construed
13and administered with a view to carrying out this policy.
14    (b) A person commits syndicated gambling when he or she
15operates a "policy game" or engages in the business of
16bookmaking.
17    (c) A person "operates a policy game" when he or she
18knowingly uses any premises or property for the purpose of
19receiving or knowingly does receive from what is commonly
20called "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

 

 

HB3607- 133 -LRB099 00324 AMC 20329 b

1    record.
2    (d) A person engages in bookmaking when he or she knowingly
3receives or accepts more than five bets or wagers upon the
4result of any trials or contests of skill, speed or power of
5endurance or upon any lot, chance, casualty, unknown or
6contingent event whatsoever, which bets or wagers shall be of
7such size that the total of the amounts of money paid or
8promised to be paid to the bookmaker on account thereof shall
9exceed $2,000. Bookmaking is the receiving or accepting of bets
10or wagers regardless of the form or manner in which the
11bookmaker records them.
12    (e) Participants in any of the following activities shall
13not 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

 

 

HB3607- 134 -LRB099 00324 AMC 20329 b

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
18any real estate, vehicle, boat or any other property whatsoever
19used for the purposes of gambling other than gambling conducted
20in the manner authorized by the Riverboat and Land-based
21Gambling Act or the Video Gaming Act. Any person who knowingly
22permits any premises or property owned or occupied by him or
23under his control to be used as a gambling place commits a
24Class A misdemeanor. Each subsequent offense is a Class 4
25felony. When any premises is determined by the circuit court to

 

 

HB3607- 135 -LRB099 00324 AMC 20329 b

1be a gambling place:
2    (a) Such premises is a public nuisance and may be proceeded
3against as such, and
4    (b) All licenses, permits or certificates issued by the
5State of Illinois or any subdivision or public agency thereof
6authorizing the serving of food or liquor on such premises
7shall be void; and no license, permit or certificate so
8cancelled shall be reissued for such premises for a period of
960 days thereafter; nor shall any person convicted of keeping a
10gambling place be reissued such license for one year from his
11conviction and, after a second conviction of keeping a gambling
12place, any such person shall not be reissued such license, and
13    (c) Such premises of any person who knowingly permits
14thereon a violation of any Section of this Article shall be
15held liable for, and may be sold to pay any unsatisfied
16judgment that may be recovered and any unsatisfied fine that
17may 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
22of lawful use or every device used unlawfully for gambling
23shall be considered a "gambling device", and shall be subject
24to seizure, confiscation and destruction by the Department of
25State Police or by any municipal, or other local authority,

 

 

HB3607- 136 -LRB099 00324 AMC 20329 b

1within whose jurisdiction the same may be found. As used in
2this Section, a "gambling device" includes any slot machine,
3and includes any machine or device constructed for the
4reception of money or other thing of value and so constructed
5as to return, or to cause someone to return, on chance to the
6player thereof money, property or a right to receive money or
7property. With the exception of any device designed for
8gambling which is incapable of lawful use, no gambling device
9shall be forfeited or destroyed unless an individual with a
10property interest in said device knows of the unlawful use of
11the device.
12    (b) Every gambling device shall be seized and forfeited to
13the county wherein such seizure occurs. Any money or other
14thing of value integrally related to acts of gambling shall be
15seized and forfeited to the county wherein such seizure occurs.
16    (c) If, within 60 days after any seizure pursuant to
17subparagraph (b) of this Section, a person having any property
18interest in the seized property is charged with an offense, the
19court which renders judgment upon such charge shall, within 30
20days after such judgment, conduct a forfeiture hearing to
21determine whether such property was a gambling device at the
22time of seizure. Such hearing shall be commenced by a written
23petition by the State, including material allegations of fact,
24the name and address of every person determined by the State to
25have any property interest in the seized property, a
26representation that written notice of the date, time and place

 

 

HB3607- 137 -LRB099 00324 AMC 20329 b

1of such hearing has been mailed to every such person by
2certified mail at least 10 days before such date, and a request
3for forfeiture. Every such person may appear as a party and
4present evidence at such hearing. The quantum of proof required
5shall be a preponderance of the evidence, and the burden of
6proof shall be on the State. If the court determines that the
7seized property was a gambling device at the time of seizure,
8an order of forfeiture and disposition of the seized property
9shall be entered: a gambling device shall be received by the
10State's Attorney, who shall effect its destruction, except that
11valuable parts thereof may be liquidated and the resultant
12money shall be deposited in the general fund of the county
13wherein such seizure occurred; money and other things of value
14shall be received by the State's Attorney and, upon
15liquidation, shall be deposited in the general fund of the
16county wherein such seizure occurred. However, in the event
17that a defendant raises the defense that the seized slot
18machine is an antique slot machine described in subparagraph
19(b) (7) of Section 28-1 of this Code and therefore he is exempt
20from the charge of a gambling activity participant, the seized
21antique slot machine shall not be destroyed or otherwise
22altered until a final determination is made by the Court as to
23whether it is such an antique slot machine. Upon a final
24determination by the Court of this question in favor of the
25defendant, such slot machine shall be immediately returned to
26the defendant. Such order of forfeiture and disposition shall,

 

 

HB3607- 138 -LRB099 00324 AMC 20329 b

1for the purposes of appeal, be a final order and judgment in a
2civil proceeding.
3    (d) If a seizure pursuant to subparagraph (b) of this
4Section is not followed by a charge pursuant to subparagraph
5(c) of this Section, or if the prosecution of such charge is
6permanently terminated or indefinitely discontinued without
7any judgment of conviction or acquittal (1) the State's
8Attorney shall commence an in rem proceeding for the forfeiture
9and destruction of a gambling device, or for the forfeiture and
10deposit in the general fund of the county of any seized money
11or other things of value, or both, in the circuit court and (2)
12any person having any property interest in such seized gambling
13device, money or other thing of value may commence separate
14civil proceedings in the manner provided by law.
15    (e) Any gambling device displayed for sale to a riverboat
16gambling operation or land-based gambling operation or used to
17train occupational licensees of a riverboat gambling operation
18or land-based gambling operation as authorized under the
19Riverboat and Land-based Gambling Act is exempt from seizure
20under this Section.
21    (f) Any gambling equipment, devices and supplies provided
22by a licensed supplier in accordance with the Riverboat and
23Land-based Gambling Act which are removed from the riverboat or
24land-based gambling facility for repair are exempt from seizure
25under this Section.
26    (g) The following video gaming terminals are exempt from

 

 

HB3607- 139 -LRB099 00324 AMC 20329 b

1seizure 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,
14contracts, agreements, judgments, mortgages, or other
15securities or conveyances made, given, granted, drawn, or
16entered into, or executed by any person whatsoever, where the
17whole or any part of the consideration thereof is for any money
18or thing of value, won or obtained in violation of any Section
19of this Article are null and void.
20    (b) Any obligation void under this Section may be set aside
21and vacated by any court of competent jurisdiction, upon a
22complaint filed for that purpose, by the person so granting,
23giving, entering into, or executing the same, or by his
24executors or administrators, or by any creditor, heir, legatee,
25purchaser or other person interested therein; or if a judgment,

 

 

HB3607- 140 -LRB099 00324 AMC 20329 b

1the same may be set aside on motion of any person stated above,
2on due notice thereof given.
3    (c) No assignment of any obligation void under this Section
4may in any manner affect the defense of the person giving,
5granting, drawing, entering into or executing such obligation,
6or the remedies of any person interested therein.
7    (d) This Section shall not prevent a licensed owner of a
8riverboat gambling operation or land-based gambling operation
9from instituting a cause of action to collect any amount due
10and owing under an extension of credit to a riverboat or
11land-based gambling facility gambling patron as authorized
12under the Riverboat and Land-based Gambling Act.
13(Source: P.A. 87-826.)
 
14    Section 65. The Payday Loan Reform Act is amended by
15changing 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
19address, including city and state, at which the business is to
20be conducted and shall state fully the name of the licensee.
21The license shall be conspicuously posted in the place of
22business of the licensee and shall not be transferable or
23assignable.
24    (b) An application for a license shall be in writing and in

 

 

HB3607- 141 -LRB099 00324 AMC 20329 b

1a form prescribed by the Secretary. The Secretary may not issue
2a payday loan license unless and until the following findings
3are 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,
13and no renewal of a license may be provided if a licensee has
14substantially violated this Act and has not cured the violation
15to the satisfaction of the Department.
16    (d) A licensee shall appoint, in writing, the Secretary as
17attorney-in-fact upon whom all lawful process against the
18licensee may be served with the same legal force and validity
19as if served on the licensee. A copy of the written
20appointment, duly certified, shall be filed in the office of
21the Secretary, and a copy thereof certified by the Secretary
22shall be sufficient evidence to subject a licensee to
23jurisdiction in a court of law. This appointment shall remain
24in effect while any liability remains outstanding in this State
25against the licensee. When summons is served upon the Secretary
26as attorney-in-fact for a licensee, the Secretary shall

 

 

HB3607- 142 -LRB099 00324 AMC 20329 b

1immediately notify the licensee by registered mail, enclosing
2the summons and specifying the hour and day of service.
3    (e) A licensee must pay an annual fee of $1,000. In
4addition to the license fee, the reasonable expense of any
5examination or hearing by the Secretary under any provisions of
6this Act shall be borne by the licensee. If a licensee fails to
7renew its license by December 31, its license shall
8automatically expire; however, the Secretary, in his or her
9discretion, 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
14under the same license, but the Secretary may issue more than
15one license to the same licensee upon compliance with all the
16provisions of this Act governing issuance of a single license.
17The location, except those locations already in existence as of
18June 1, 2005, may not be within one mile of a horse race track
19subject to the Illinois Horse Racing Act of 1975, within one
20mile of a facility at which gambling is conducted under the
21Riverboat and Land-based Gambling Act, within one mile of the
22location at which a riverboat subject to the Riverboat and
23Land-based Gambling Act docks, or within one mile of any State
24of Illinois or United States military base or naval
25installation.
26    (g) No licensee shall conduct the business of making loans

 

 

HB3607- 143 -LRB099 00324 AMC 20329 b

1under this Act within any office, suite, room, or place of
2business in which (1) any loans are offered or made under the
3Consumer Installment Loan Act other than title secured loans as
4defined in subsection (a) of Section 15 of the Consumer
5Installment Loan Act and governed by Title 38, Section 110.330
6of the Illinois Administrative Code or (2) any other business
7is solicited or engaged in unless the other business is
8licensed by the Department or, in the opinion of the Secretary,
9the other business would not be contrary to the best interests
10of consumers and is authorized by the Secretary in writing.
11    (g-5) Notwithstanding subsection (g) of this Section, a
12licensee may obtain a license under the Consumer Installment
13Loan Act (CILA) for the exclusive purpose and use of making
14title secured loans, as defined in subsection (a) of Section 15
15of CILA and governed by Title 38, Section 110.300 of the
16Illinois Administrative Code. A licensee may continue to
17service Consumer Installment Loan Act loans that were
18outstanding as of the effective date of this amendatory Act of
19the 96th General Assembly.
20    (h) The Secretary shall maintain a list of licensees that
21shall be available to interested consumers and lenders and the
22public. The Secretary shall maintain a toll-free number whereby
23consumers may obtain information about licensees. The
24Secretary shall also establish a complaint process under which
25an aggrieved consumer may file a complaint against a licensee
26or non-licensee who violates any provision of this Act.

 

 

HB3607- 144 -LRB099 00324 AMC 20329 b

1(Source: P.A. 96-936, eff. 3-21-11.)
 
2    Section 70. The Travel Promotion Consumer Protection Act is
3amended 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
7operator, who sells, provides, furnishes, contracts for,
8arranges or advertises that he or she will arrange wholesale or
9retail transportation by air, land, sea or navigable stream,
10either separately or in conjunction with other services.
11"Travel promoter" does not include (1) an air carrier; (2) a
12sea carrier; (3) an officially appointed agent of an air
13carrier who is a member in good standing of the Airline
14Reporting Corporation; (4) a travel promoter who has in force
15$1,000,000 or more of liability insurance coverage for
16professional errors and omissions and a surety bond or
17equivalent surety in the amount of $100,000 or more for the
18benefit of consumers in the event of a bankruptcy on the part
19of the travel promoter; or (5) a riverboat subject to
20regulation under the Riverboat and Land-based Gambling Act.
21    (b) "Advertise" means to make any representation in the
22solicitation of passengers and includes communication with
23other members of the same partnership, corporation, joint
24venture, association, organization, group or other entity.

 

 

HB3607- 145 -LRB099 00324 AMC 20329 b

1    (c) "Passenger" means a person on whose behalf money or
2other consideration has been given or is to be given to
3another, including another member of the same partnership,
4corporation, joint venture, association, organization, group
5or other entity, for travel.
6    (d) "Ticket or voucher" means a writing or combination of
7writings which is itself good and sufficient to obtain
8transportation and other services for which the passenger has
9contracted.
10(Source: P.A. 91-357, eff. 7-29-99.)

 

 

HB3607- 146 -LRB099 00324 AMC 20329 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 301/5-20
4    20 ILCS 2505/2505-305was 20 ILCS 2505/39b15.1
5    30 ILCS 105/6z-45
6    70 ILCS 1825/5.1from Ch. 19, par. 255.1
7    205 ILCS 670/12.5
8    230 ILCS 5/54
9    230 ILCS 5/54.75
10    230 ILCS 10/1from Ch. 120, par. 2401
11    230 ILCS 10/2from Ch. 120, par. 2402
12    230 ILCS 10/3from Ch. 120, par. 2403
13    230 ILCS 10/4from Ch. 120, par. 2404
14    230 ILCS 10/5from Ch. 120, par. 2405
15    230 ILCS 10/5.1from Ch. 120, par. 2405.1
16    230 ILCS 10/6from Ch. 120, par. 2406
17    230 ILCS 10/7from Ch. 120, par. 2407
18    230 ILCS 10/7.1
19    230 ILCS 10/7.3
20    230 ILCS 10/7.4
21    230 ILCS 10/8from Ch. 120, par. 2408
22    230 ILCS 10/9from Ch. 120, par. 2409
23    230 ILCS 10/11from Ch. 120, par. 2411
24    230 ILCS 10/11.1from Ch. 120, par. 2411.1
25    230 ILCS 10/11.2

 

 

HB3607- 147 -LRB099 00324 AMC 20329 b

1    230 ILCS 10/12from Ch. 120, par. 2412
2    230 ILCS 10/13from Ch. 120, par. 2413
3    230 ILCS 10/18from Ch. 120, par. 2418
4    230 ILCS 10/19from Ch. 120, par. 2419
5    230 ILCS 10/20from Ch. 120, par. 2420
6    230 ILCS 10/24
7    230 ILCS 40/5
8    230 ILCS 40/25
9    230 ILCS 40/45
10    230 ILCS 40/79
11    230 ILCS 40/80
12    235 ILCS 5/5-1from Ch. 43, par. 115
13    235 ILCS 5/6-30from Ch. 43, par. 144f
14    305 ILCS 5/10-17.15
15    430 ILCS 66/65
16    720 ILCS 5/28-1from Ch. 38, par. 28-1
17    720 ILCS 5/28-1.1from Ch. 38, par. 28-1.1
18    720 ILCS 5/28-3from Ch. 38, par. 28-3
19    720 ILCS 5/28-5from Ch. 38, par. 28-5
20    720 ILCS 5/28-7from Ch. 38, par. 28-7
21    815 ILCS 122/3-5
22    815 ILCS 420/2from Ch. 121 1/2, par. 1852