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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3607 Introduced , by Rep. Chad Hays SYNOPSIS AS INTRODUCED: |
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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.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
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1 | | AN ACT concerning gaming.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Alcoholism and Other Drug Abuse and |
5 | | Dependency Act is amended by changing Section 5-20 as follows:
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6 | | (20 ILCS 301/5-20)
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7 | | Sec. 5-20. Compulsive gambling program.
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8 | | (a) Subject to appropriation, the Department shall |
9 | | establish a program for
public education, research, and |
10 | | training regarding problem and compulsive
gambling and the |
11 | | treatment and prevention of problem and compulsive gambling.
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12 | | Subject to specific appropriation for these stated purposes, |
13 | | the program must
include all of the following:
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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.
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18 | | (2) Promotion of public awareness regarding the |
19 | | recognition and
prevention of problem and compulsive |
20 | | gambling.
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21 | | (3) Facilitation, through in-service training and |
22 | | other means, of the
availability of effective assistance |
23 | | programs for problem and compulsive
gamblers.
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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.
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4 | | (b) Subject to appropriation, the Department shall either |
5 | | establish and
maintain the program or contract with a private |
6 | | or public entity for the
establishment and maintenance of the |
7 | | program. Subject to appropriation, either
the Department or the |
8 | | private or public entity shall implement the toll-free
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9 | | telephone number, promote public awareness, and conduct |
10 | | in-service training
concerning problem and compulsive |
11 | | gambling.
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12 | | (c) Subject to appropriation, the Department shall produce |
13 | | and supply the
signs specified in Section 10.7 of the Illinois |
14 | | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of |
15 | | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 |
16 | | of the Charitable Games Act, and Section 13.1 of the Riverboat |
17 | | and Land-based
Gambling Act.
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18 | | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
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19 | | Section 10. The Department of Revenue Law of the
Civil |
20 | | Administrative Code of Illinois is amended by changing Section |
21 | | 2505-305 as follows:
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22 | | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
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23 | | Sec. 2505-305. Investigators.
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24 | | (a) The Department has the power to
appoint investigators |
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1 | | to conduct all investigations,
searches, seizures, arrests, |
2 | | and other duties imposed under the provisions
of any law |
3 | | administered by the Department.
Except as provided in |
4 | | subsection (c), these investigators have
and
may exercise all |
5 | | the powers of peace officers solely for the purpose of
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6 | | enforcing taxing measures administered by the Department.
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7 | | (b) The Director must authorize to each investigator |
8 | | employed under this
Section and
to any other employee of the |
9 | | Department exercising the powers of a peace
officer a
distinct |
10 | | badge that, on its face, (i) clearly states that the badge is
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11 | | authorized
by the
Department and (ii)
contains a unique |
12 | | identifying number.
No other badge shall be authorized by
the |
13 | | Department.
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14 | | (c) The Department may enter into agreements with the |
15 | | Illinois Gaming Board providing that investigators appointed |
16 | | under this Section shall exercise the peace officer powers set |
17 | | forth in paragraph (20.6) of subsection (c) of Section 5 of the |
18 | | Riverboat and Land-based Gambling Act.
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19 | | (Source: P.A. 96-37, eff. 7-13-09.)
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20 | | Section 15. The State Finance Act is amended by changing |
21 | | Section 6z-45 as follows:
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22 | | (30 ILCS 105/6z-45)
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23 | | Sec. 6z-45. The School Infrastructure Fund.
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24 | | (a) The School Infrastructure Fund is created as a special |
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1 | | fund
in the State Treasury.
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2 | | In addition to any other deposits authorized by law, |
3 | | beginning January
1, 2000, on the first day of each month, or |
4 | | as soon thereafter as may be
practical, the State Treasurer and |
5 | | State Comptroller shall transfer the sum of
$5,000,000 from the |
6 | | General Revenue Fund to the School Infrastructure Fund, except |
7 | | that, notwithstanding any other provision of law, and in |
8 | | addition to any other transfers that may be provided for by |
9 | | law, before June 30, 2012, the Comptroller and the Treasurer |
10 | | shall transfer $45,000,000 from the General Revenue Fund into |
11 | | the School Infrastructure Fund, and, for fiscal year 2013 only, |
12 | | the Treasurer and the Comptroller shall transfer $1,250,000 |
13 | | from the General Revenue Fund to the School Infrastructure Fund |
14 | | on the first day of each month;
provided, however, that no such |
15 | | transfers shall be made from July 1, 2001
through June 30, |
16 | | 2003.
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17 | | (b) Subject to the transfer provisions set forth below, |
18 | | money in the
School Infrastructure Fund shall, if and when the |
19 | | State of Illinois incurs
any bonded indebtedness for the |
20 | | construction of school improvements under
the School |
21 | | Construction Law, be set aside and used for the purpose of
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22 | | paying and discharging annually the principal and interest on |
23 | | that bonded
indebtedness then due and payable, and for no other |
24 | | purpose.
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25 | | In addition to other transfers to the General Obligation |
26 | | Bond Retirement and
Interest Fund made pursuant to Section 15 |
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1 | | of the General Obligation Bond Act,
upon each delivery of bonds |
2 | | issued for construction of school improvements
under the School |
3 | | Construction Law, the State Comptroller shall
compute and |
4 | | certify to the State Treasurer the total amount of principal |
5 | | of,
interest on, and premium, if any, on such bonds during the |
6 | | then current and
each succeeding fiscal year.
With respect to |
7 | | the interest payable on variable rate bonds, such
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8 | | certifications shall be calculated at the maximum rate of |
9 | | interest that
may be payable during the fiscal year, after |
10 | | taking into account any credits
permitted in the related |
11 | | indenture or other instrument against the amount of
such |
12 | | interest required to be appropriated for that period.
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13 | | On or before the last day of each month, the State |
14 | | Treasurer and State
Comptroller shall transfer from the School |
15 | | Infrastructure Fund to the General
Obligation Bond Retirement |
16 | | and Interest Fund an amount sufficient to pay the
aggregate of |
17 | | the principal of, interest on, and premium, if any, on the |
18 | | bonds
payable on their next payment date, divided by the number |
19 | | of monthly transfers
occurring between the last previous |
20 | | payment date (or the delivery date if no
payment date has yet |
21 | | occurred) and the next succeeding payment date.
Interest |
22 | | payable on variable rate bonds shall be calculated at the |
23 | | maximum
rate of interest that may be payable for the relevant |
24 | | period, after taking into
account any credits permitted in the |
25 | | related indenture or other instrument
against the amount of |
26 | | such interest required to be appropriated for that
period.
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1 | | Interest for which moneys have already been deposited into the |
2 | | capitalized
interest account within the General Obligation |
3 | | Bond Retirement and Interest
Fund shall not be included in the |
4 | | calculation of the amounts to be transferred
under this |
5 | | subsection.
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6 | | (b-5) The money deposited into the School Infrastructure |
7 | | Fund from transfers pursuant to subsections (c-30) and (c-35) |
8 | | of Section 13 of the Riverboat and Land-based Gambling Act |
9 | | shall be applied, without further direction, as provided in |
10 | | subsection (b-3) of Section 5-35 of the School Construction |
11 | | Law. |
12 | | (c) The surplus, if any, in the School Infrastructure Fund |
13 | | after payments made pursuant to subsections (b) and (b-5) of |
14 | | this Section shall, subject to appropriation, be used as |
15 | | follows:
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16 | | First - to make 3 payments to the School Technology |
17 | | Revolving Loan Fund as
follows:
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18 | | Transfer of $30,000,000 in fiscal year 1999;
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19 | | Transfer of $20,000,000 in fiscal year 2000; and
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20 | | Transfer of $10,000,000 in fiscal year 2001.
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21 | | Second - to pay the expenses of the State Board of |
22 | | Education and the Capital
Development Board in administering |
23 | | programs under the School Construction
Law, the total expenses |
24 | | not to exceed $1,200,000 in any
fiscal year.
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25 | | Third - to pay any amounts due for grants for school |
26 | | construction projects
and debt service under the School |
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1 | | Construction Law.
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2 | | Fourth - to pay any amounts due for grants for school |
3 | | maintenance projects
under the School Construction Law.
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4 | | (Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
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5 | | Section 20. The Joliet Regional Port District Act is |
6 | | amended by changing Section 5.1 as follows:
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7 | | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
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8 | | Sec. 5.1. Riverboat gambling. Notwithstanding any other |
9 | | provision of
this Act, the District may not regulate the |
10 | | operation, conduct, or
navigation of any riverboat gambling |
11 | | casino licensed under the Riverboat and Land-based
Gambling |
12 | | Act, and the District
may not license, tax, or otherwise levy |
13 | | any assessment of any kind on
any riverboat gambling casino |
14 | | licensed under the Riverboat and Land-based Gambling Act. The
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15 | | General Assembly declares that the powers to regulate the |
16 | | operation,
conduct, and navigation of riverboat gambling |
17 | | casinos and to license, tax,
and levy assessments upon |
18 | | riverboat gambling casinos are exclusive powers of
the State of |
19 | | Illinois and the Illinois Gaming Board as provided in the
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20 | | Riverboat and Land-based Gambling Act.
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21 | | (Source: P.A. 87-1175.)
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22 | | Section 25. The Consumer Installment Loan Act is amended by |
23 | | changing Section 12.5 as follows:
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1 | | (205 ILCS 670/12.5)
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2 | | Sec. 12.5. Limited purpose branch.
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3 | | (a) Upon the written approval of the Director, a licensee |
4 | | may maintain a
limited purpose branch for the sole purpose of |
5 | | making loans as permitted by
this Act. A limited purpose branch |
6 | | may include an automatic loan machine. No
other activity shall |
7 | | be conducted at the site, including but not limited to,
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8 | | accepting payments, servicing the accounts, or collections.
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9 | | (b) The licensee must submit an application for a limited |
10 | | purpose branch to
the Director on forms prescribed by the |
11 | | Director with an application fee of
$300. The approval for the |
12 | | limited purpose branch must be renewed concurrently
with the |
13 | | renewal of the licensee's license along with a renewal fee of |
14 | | $300 for
the limited purpose branch.
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15 | | (c) The books, accounts, records, and files of the limited |
16 | | purpose branch's
transactions shall be maintained at the |
17 | | licensee's licensed location. The
licensee shall notify the |
18 | | Director of the licensed location at which the books,
accounts, |
19 | | records, and files shall be maintained.
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20 | | (d) The licensee shall prominently display at the limited |
21 | | purpose branch the
address and telephone number of the |
22 | | licensee's licensed location.
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23 | | (e) No other business shall be conducted at the site of the |
24 | | limited purpose
branch unless authorized by the Director.
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25 | | (f) The Director shall make and enforce reasonable rules |
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1 | | for the conduct of
a limited purpose branch.
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2 | | (g) A limited purpose branch may not be located
within |
3 | | 1,000 feet of a facility operated by an inter-track wagering |
4 | | licensee or
an organization licensee subject to the Illinois |
5 | | Horse Racing Act of 1975,
on a riverboat subject to
the |
6 | | Riverboat and Land-based Gambling Act, or within 1,000 feet of |
7 | | the location at which the
riverboat docks.
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8 | | (Source: P.A. 90-437, eff. 1-1-98.)
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9 | | Section 30. The Illinois Horse Racing Act of 1975 is |
10 | | amended by changing Sections 54 and 54.75 as follows:
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11 | | (230 ILCS 5/54)
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12 | | Sec. 54. Horse Racing Equity Fund.
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13 | | (a) There is created in the State Treasury a Fund to be |
14 | | known as the Horse
Racing
Equity Fund. The Fund shall consist |
15 | | of moneys paid into it pursuant to
subsection (c-5) of Section |
16 | | 13 of the Riverboat and Land-based Gambling Act. The Fund shall
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17 | | be administered
by the Racing Board.
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18 | | (b) The moneys deposited into the Fund shall be distributed |
19 | | by the Racing Board
within 10 days after those moneys are |
20 | | deposited into the Fund as follows:
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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
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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.
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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
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14 | | this paragraph (2) for calendar years 1994, 1996, and 1997
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15 | | to (i) any person (or its
successors or assigns) who had
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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
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20 | | year, or (ii) any person
(or its successors or assigns)
who |
21 | | has operating control of a racing facility located in a
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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.
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1 | | If any person identified in this paragraph (2) becomes
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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.
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5 | | (Source: P.A. 98-18, eff. 6-7-13.)
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6 | | (230 ILCS 5/54.75)
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7 | | Sec. 54.75. Horse Racing Equity Trust Fund. |
8 | | (a) There is created a Fund to be known as the Horse
Racing
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9 | | Equity Trust Fund, which is a non-appropriated trust fund held |
10 | | separate and apart from State moneys. The Fund shall consist of |
11 | | moneys paid into it by owners licensees under
the Riverboat and |
12 | | Land-based Gambling Act for the purposes described in this |
13 | | Section. The Fund shall
be administered
by the Board. Moneys in |
14 | | the Fund shall be distributed as directed and certified by the |
15 | | Board in accordance with the provisions of subsection (b). |
16 | | (b) The moneys deposited into the Fund, plus any accrued |
17 | | interest on those moneys, shall be distributed
within 10 days |
18 | | after those moneys are deposited into the Fund as follows: |
19 | | (1) Sixty percent of all moneys distributed under this |
20 | | subsection shall be
distributed to organization licensees |
21 | | to be distributed at their race
meetings as purses. |
22 | | Fifty-seven percent of the amount distributed under this
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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 |
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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
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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
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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 |
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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
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10 | | ineligible to receive moneys from the Fund, such amount |
11 | | shall be redistributed
among the remaining persons in |
12 | | proportion to their percentages otherwise
calculated. |
13 | | (c) The Board shall monitor organization licensees to |
14 | | ensure that moneys paid to organization licensees under this |
15 | | Section are distributed by the organization licensees as |
16 | | provided in subsection (b).
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17 | | (Source: P.A. 95-1008, eff. 12-15-08.) |
18 | | Section 35. The Riverboat Gambling Act is amended by |
19 | | changing the title of the Act and Sections 1, 2, 3, 4, 5, 5.1, |
20 | | 6, 7, 7.1, 7.3, 7.4, 8, 9, 11, 11.1, 11.2, 12, 13, 18, 19, 20, |
21 | | and 24 as follows:
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22 | | (230 ILCS 10/1) (from Ch. 120, par. 2401)
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23 | | Sec. 1. Short title. This Act shall be known and may be |
24 | | cited as the
Riverboat and Land-based Gambling Act.
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1 | | (Source: P.A. 86-1029.)
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2 | | (230 ILCS 10/2) (from Ch. 120, par. 2402)
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3 | | Sec. 2. Legislative Intent.
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4 | | (a) This Act is intended to benefit the
people of the State |
5 | | of Illinois
by assisting economic development and promoting |
6 | | Illinois tourism
and by increasing the amount of revenues |
7 | | available to the State to assist and
support education.
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8 | | (b) While authorization of riverboat and land-based |
9 | | gambling will enhance investment,
development and tourism in |
10 | | Illinois, it is recognized that it will do so
successfully only |
11 | | if public confidence and trust in the credibility and
integrity |
12 | | of the gambling operations and the regulatory process is
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13 | | maintained. Therefore, regulatory provisions of this Act are |
14 | | designed to
strictly regulate the facilities, persons, |
15 | | associations and practices
related to gambling operations |
16 | | pursuant to the police powers of the State,
including |
17 | | comprehensive law enforcement supervision.
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18 | | (c) The Illinois Gaming Board established under this Act |
19 | | should, as soon
as possible, inform each applicant for an |
20 | | owners license of the Board's
intent to grant or deny a |
21 | | license.
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22 | | (Source: P.A. 93-28, eff. 6-20-03.)
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23 | | (230 ILCS 10/3) (from Ch. 120, par. 2403)
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24 | | Sec. 3. Riverboat and land-based gambling authorized |
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1 | | Gambling Authorized .
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2 | | (a) Riverboat and land-based gambling
operations and the |
3 | | system of wagering
incorporated therein, as defined in this |
4 | | Act, are hereby authorized to the
extent that they are carried |
5 | | out in accordance with the provisions of this
Act.
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6 | | (b) This Act does not apply to the pari-mutuel system of |
7 | | wagering used
or intended to be used in connection with the |
8 | | horse-race meetings as
authorized under the Illinois Horse |
9 | | Racing Act of 1975, lottery games
authorized under the Illinois |
10 | | Lottery Law, bingo authorized under the Bingo
License and Tax |
11 | | Act, charitable games authorized under the Charitable Games
Act |
12 | | or pull tabs and jar games conducted under the Illinois Pull |
13 | | Tabs and Jar
Games Act.
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14 | | (c) Riverboat gambling conducted pursuant to this Act may |
15 | | be authorized
upon any water within the State of Illinois or |
16 | | any
water other than Lake Michigan which constitutes a boundary |
17 | | of the State
of Illinois.
A licensee may conduct riverboat |
18 | | gambling authorized under this Act
regardless of whether it |
19 | | conducts excursion cruises. A licensee may permit
the |
20 | | continuous ingress and egress of passengers for the purpose of
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21 | | gambling.
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22 | | (Source: P.A. 91-40, eff. 6-25-99.)
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23 | | (230 ILCS 10/4) (from Ch. 120, par. 2404)
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24 | | Sec. 4. Definitions. As used in this Act:
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25 | | (a) "Board" means the Illinois Gaming Board.
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1 | | (b) "Occupational license" means a license issued by the |
2 | | Board to a
person or entity to perform an occupation which the |
3 | | Board has identified as
requiring a license to engage in |
4 | | riverboat or land-based gambling in Illinois.
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5 | | (c) "Gambling game" includes, but is not limited to, |
6 | | baccarat,
twenty-one, poker, craps, slot machine, video game of |
7 | | chance, roulette
wheel, klondike table, punchboard, faro |
8 | | layout, keno layout, numbers
ticket, push card, jar ticket, or |
9 | | pull tab which is authorized by the Board
as a wagering device |
10 | | under this Act.
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11 | | (d) "Riverboat" means a self-propelled excursion boat, a
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12 | | permanently moored barge, or permanently moored barges that are |
13 | | permanently
fixed together to operate as one vessel, on which |
14 | | lawful gambling is
authorized and licensed as
provided in this |
15 | | Act. |
16 | | (d-1) "Land-based gambling facility" means a facility |
17 | | located on land where lawful gambling is authorized and |
18 | | licensed by this Act. |
19 | | (d-2) "Land-based gambling" means the conducting of lawful |
20 | | gambling, as authorized by this Act, in a land-based gambling |
21 | | facility.
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22 | | (e) "Managers license" means a license issued by the Board |
23 | | to a person or
entity
to manage gambling operations conducted |
24 | | by the State pursuant to Section 7.3.
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25 | | (f) "Dock" means the location where a riverboat moors for |
26 | | the purpose of
embarking passengers for and disembarking |
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1 | | passengers from the riverboat.
|
2 | | (g) "Gross receipts" means the total amount of money |
3 | | exchanged for the
purchase of chips, tokens or electronic cards |
4 | | by riverboat or land-based gambling facility patrons.
|
5 | | (h) "Adjusted gross receipts" means the gross receipts less
|
6 | | winnings paid to wagerers.
|
7 | | (i) "Cheat" means to alter the selection of criteria which |
8 | | determine the
result of a gambling game or the amount or |
9 | | frequency of payment in a gambling
game.
|
10 | | (j) (Blank).
|
11 | | (k) "Gambling operation" means the conduct of authorized |
12 | | gambling games
upon a riverboat or in a land-based gambling |
13 | | facility .
|
14 | | (l) "License bid" means the lump sum amount of money that |
15 | | an applicant
bids and agrees to pay the State in return for an |
16 | | owners license that is
re-issued on or after July 1, 2003.
|
17 | | (m) The terms "minority person", "female", and "person with |
18 | | a disability" shall have the same meaning
as
defined in
Section |
19 | | 2 of the Business Enterprise for Minorities, Females, and |
20 | | Persons with
Disabilities Act.
|
21 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
|
22 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
|
23 | | Sec. 5. Gaming Board.
|
24 | | (a) (1) There is hereby established the
Illinois Gaming |
25 | | Board, which shall have the powers and duties specified in
this |
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1 | | Act, and all other powers necessary and proper to fully and
|
2 | | effectively execute this Act for the purpose of administering, |
3 | | regulating,
and enforcing the system of riverboat and |
4 | | land-based gambling established by this Act. Its
jurisdiction |
5 | | shall extend under this Act to every person, association,
|
6 | | corporation, partnership and trust involved in riverboat and |
7 | | land-based gambling
operations in the State of Illinois.
|
8 | | (2) The Board shall consist of 5 members to be appointed by |
9 | | the Governor
with the advice and consent of the Senate, one of |
10 | | whom shall be designated
by the Governor to be chairman. Each |
11 | | member shall have a reasonable
knowledge of the practice, |
12 | | procedure and principles of gambling operations.
Each member |
13 | | shall either be a resident of Illinois or shall certify that he
|
14 | | will become a resident of Illinois before taking office. At |
15 | | least one member
shall be experienced in law enforcement and |
16 | | criminal investigation, at
least one member shall be a |
17 | | certified public accountant experienced in
accounting and |
18 | | auditing, and at least one member shall be a lawyer licensed
to |
19 | | practice law in Illinois.
|
20 | | (3) The terms of office of the Board members shall be 3 |
21 | | years, except
that the terms of office of the initial Board |
22 | | members appointed pursuant to
this Act will commence from the |
23 | | effective date of this Act and run as
follows: one for a term |
24 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for |
25 | | a term ending July 1, 1993. Upon the expiration of the
|
26 | | foregoing terms, the successors of such members shall serve a |
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1 | | term for 3
years and until their successors are appointed and |
2 | | qualified for like terms.
Vacancies in the Board shall be |
3 | | filled for the unexpired term in like
manner as original |
4 | | appointments. Each member of the Board shall be
eligible for |
5 | | reappointment at the discretion of the Governor with the
advice |
6 | | and consent of the Senate.
|
7 | | (4) Each member of the Board shall receive $300 for each |
8 | | day the
Board meets and for each day the member conducts any |
9 | | hearing pursuant to
this Act. Each member of the Board shall |
10 | | also be reimbursed for all actual
and necessary expenses and |
11 | | disbursements incurred in the execution of official
duties.
|
12 | | (5) No person shall be appointed a member of the Board or |
13 | | continue to be
a member of the Board who is, or whose spouse, |
14 | | child or parent is, a member
of the board of directors of, or a |
15 | | person financially interested in, any
gambling operation |
16 | | subject to the jurisdiction of this Board, or any race
track, |
17 | | race meeting, racing association or the operations thereof |
18 | | subject
to the jurisdiction of the Illinois Racing Board. No |
19 | | Board member shall
hold any other public office. No person |
20 | | shall be a
member of the Board who is not of good moral |
21 | | character or who has been
convicted of, or is under indictment |
22 | | for, a felony under the laws of
Illinois or any other state, or |
23 | | the United States.
|
24 | | (5.5) No member of the Board shall engage in any political |
25 | | activity. For the purposes of this Section, "political" means |
26 | | any activity in support
of or in connection with any campaign |
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1 | | for federal, State, or local elective office or any political
|
2 | | organization, but does not include activities (i) relating to |
3 | | the support or
opposition of any executive, legislative, or |
4 | | administrative action (as those
terms are defined in Section 2 |
5 | | of the Lobbyist Registration Act), (ii) relating
to collective |
6 | | bargaining, or (iii) that are
otherwise
in furtherance of the |
7 | | person's official
State duties or governmental and public |
8 | | service functions.
|
9 | | (6) Any member of the Board may be removed by the Governor |
10 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
11 | | in office or for engaging in any political activity.
|
12 | | (7) Before entering upon the discharge of the duties of his |
13 | | office, each
member of the Board shall take an oath that he |
14 | | will faithfully execute the
duties of his office according to |
15 | | the laws of the State and the rules and
regulations adopted |
16 | | therewith and shall give bond to the State of Illinois,
|
17 | | approved by the Governor, in the sum of $25,000. Every such |
18 | | bond, when
duly executed and approved, shall be recorded in the |
19 | | office of the
Secretary of State. Whenever the Governor |
20 | | determines that the bond of any
member of the Board has become |
21 | | or is likely to become invalid or
insufficient, he shall |
22 | | require such member forthwith to renew his bond,
which is to be |
23 | | approved by the Governor. Any member of the Board who fails
to |
24 | | take oath and give bond within 30 days from the date of his |
25 | | appointment,
or who fails to renew his bond within 30 days |
26 | | after it is demanded by the
Governor, shall be guilty of |
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1 | | neglect of duty and may be removed by the
Governor. The cost of |
2 | | any bond given by any member of the Board under this
Section |
3 | | shall be taken to be a part of the necessary expenses of the |
4 | | Board.
|
5 | | (7.5) For the examination of all mechanical, |
6 | | electromechanical, or electronic table games, slot machines, |
7 | | slot accounting systems, and other electronic gaming equipment |
8 | | for compliance with this Act, the Board may utilize the |
9 | | services of one or more independent outside testing |
10 | | laboratories that have been accredited by a national |
11 | | accreditation body and that, in the judgment of the Board, are |
12 | | qualified to perform such examinations. |
13 | | (8) The Board shall employ such
personnel as may be |
14 | | necessary to carry out its functions and shall determine the |
15 | | salaries of all personnel, except those personnel whose |
16 | | salaries are determined under the terms of a collective |
17 | | bargaining agreement. No
person shall be employed to serve the |
18 | | Board who is, or whose spouse, parent
or child is, an official |
19 | | of, or has a financial interest in or financial
relation with, |
20 | | any operator engaged in gambling operations within this
State |
21 | | or any organization engaged in conducting horse racing within |
22 | | this
State. Any employee violating these prohibitions shall be |
23 | | subject to
termination of employment.
|
24 | | (9) An Administrator shall perform any and all duties that |
25 | | the Board
shall assign him. The salary of the Administrator |
26 | | shall be determined by
the Board and, in addition,
he shall be |
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1 | | reimbursed for all actual and necessary expenses incurred by
|
2 | | him in discharge of his official duties. The Administrator |
3 | | shall keep
records of all proceedings of the Board and shall |
4 | | preserve all records,
books, documents and other papers |
5 | | belonging to the Board or entrusted to
its care. The |
6 | | Administrator shall devote his full time to the duties of
the |
7 | | office and shall not hold any other office or employment.
|
8 | | (b) The Board shall have general responsibility for the |
9 | | implementation
of this Act. Its duties include, without |
10 | | limitation, the following:
|
11 | | (1) To decide promptly and in reasonable order all |
12 | | license applications.
Any party aggrieved by an action of |
13 | | the Board denying, suspending,
revoking, restricting or |
14 | | refusing to renew a license may request a hearing
before |
15 | | the Board. A request for a hearing must be made to the |
16 | | Board in
writing within 5 days after service of notice of |
17 | | the action of the Board.
Notice of the action of the Board |
18 | | shall be served either by personal
delivery or by certified |
19 | | mail, postage prepaid, to the aggrieved party.
Notice |
20 | | served by certified mail shall be deemed complete on the |
21 | | business
day following the date of such mailing. The Board |
22 | | shall conduct all
requested hearings promptly and in |
23 | | reasonable order;
|
24 | | (2) To conduct all hearings pertaining to civil |
25 | | violations of this Act
or rules and regulations promulgated |
26 | | hereunder;
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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 |
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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 |
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1 | | this Act. The record made at the time of the hearing shall |
2 | | be
reviewed by the Board, or a majority thereof, and the |
3 | | findings and decision
of the majority of the Board shall |
4 | | constitute the order of the Board in
such case;
|
5 | | (9) To maintain records which are separate and distinct |
6 | | from the records
of any other State board or commission. |
7 | | Such records shall be available
for public inspection and |
8 | | shall accurately reflect all Board proceedings;
|
9 | | (10) To file a written annual report with the Governor |
10 | | on or before
March 1 each year and such additional reports |
11 | | as the Governor may request.
The annual report shall |
12 | | include a statement of receipts and disbursements
by the |
13 | | Board, actions taken by the Board, and any additional |
14 | | information
and recommendations which the Board may deem |
15 | | valuable or which the Governor
may request;
|
16 | | (11) (Blank);
|
17 | | (12) (Blank);
|
18 | | (13) To assume responsibility for administration and |
19 | | enforcement of the
Video Gaming Act; and |
20 | | (14) To adopt, by rule, a code of conduct governing |
21 | | Board members and employees that ensure, to the maximum |
22 | | extent possible, that persons subject to this Code avoid |
23 | | situations, relationships, or associations that may |
24 | | represent or lead to a conflict of interest.
|
25 | | (c) The Board shall have jurisdiction over and shall |
26 | | supervise all
gambling operations governed by this Act. The |
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1 | | Board shall have all powers
necessary and proper to fully and |
2 | | effectively execute the provisions of
this Act, including, but |
3 | | not limited to, the following:
|
4 | | (1) To investigate applicants and determine the |
5 | | eligibility of
applicants for licenses and to select among |
6 | | competing applicants the
applicants which best serve the |
7 | | interests of the citizens of Illinois.
|
8 | | (2) To have jurisdiction and supervision over all |
9 | | riverboat and land-based gambling
operations in this State |
10 | | and all persons on riverboats and in land-based gambling |
11 | | facilities where gambling
operations are conducted.
|
12 | | (3) To promulgate rules and regulations for the purpose |
13 | | of administering
the provisions of this Act and to |
14 | | prescribe rules, regulations and
conditions under which |
15 | | all riverboat and land-based gambling in the State shall be
|
16 | | conducted. Such rules and regulations are to provide for |
17 | | the prevention of
practices detrimental to the public |
18 | | interest and for the best interests of
riverboat and |
19 | | land-based gambling, including rules and regulations |
20 | | regarding the
inspection of such riverboats and land-based |
21 | | gambling facilities and the review of any permits or |
22 | | licenses
necessary to operate a riverboat or land-based |
23 | | gambling facility under any applicable laws or regulations |
24 | | applicable
to riverboats , and to impose penalties for |
25 | | violations thereof.
|
26 | | (4) To enter the office, riverboats and related |
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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 |
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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.
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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 |
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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 |
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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 |
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1 | | conduct investigations, searches, seizures, arrests, and |
2 | | other duties imposed under this Act and to exercise all of |
3 | | the rights and powers of peace officers, provided that the |
4 | | powers of Department of Revenue investigators under this |
5 | | subdivision (20.7) shall be limited to offenses or |
6 | | violations occurring or committed on a riverboat or dock, |
7 | | or at a land-based gambling facility as defined in |
8 | | subsections (d) , (d-1), and (f) of Section 4, or as |
9 | | otherwise provided by this Act or any other law. In the |
10 | | event the Department of State Police or the Department of |
11 | | Revenue is unable to fill contracted police or |
12 | | investigative positions, the Board may appoint |
13 | | investigators to fill those positions pursuant to |
14 | | subdivision (20.6).
|
15 | | (21) To take any other action as may be reasonable or |
16 | | appropriate to
enforce this Act and rules and regulations |
17 | | hereunder.
|
18 | | (d) The Board may seek and shall receive the cooperation of |
19 | | the
Department of State Police in conducting background |
20 | | investigations of
applicants and in fulfilling its |
21 | | responsibilities under
this Section. Costs incurred by the |
22 | | Department of State Police as
a result of such cooperation |
23 | | shall be paid by the Board in conformance
with the requirements |
24 | | of Section 2605-400 of the Department of State Police Law
(20 |
25 | | ILCS 2605/2605-400).
|
26 | | (e) The Board must authorize to each investigator and to |
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1 | | any other
employee of the Board exercising the powers of a |
2 | | peace officer a distinct badge
that, on its face, (i) clearly |
3 | | states that the badge is authorized by the Board
and
(ii) |
4 | | contains a unique identifying number. No other badge shall be |
5 | | authorized
by the Board.
|
6 | | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
|
7 | | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
|
8 | | Sec. 5.1. Disclosure of records.
|
9 | | (a) Notwithstanding any applicable statutory provision to |
10 | | the contrary,
the Board shall, on written request from any |
11 | | person, provide
information furnished by an applicant or |
12 | | licensee concerning the applicant
or licensee, his products, |
13 | | services or gambling enterprises and his
business holdings, as |
14 | | follows:
|
15 | | (1) The name, business address and business telephone |
16 | | number of any
applicant or licensee.
|
17 | | (2) An identification of any applicant or licensee |
18 | | including, if an
applicant or licensee is not an |
19 | | individual, the state of incorporation or
registration, |
20 | | the corporate officers, and the identity of all |
21 | | shareholders
or participants. If an applicant or licensee |
22 | | has a pending registration
statement filed with the |
23 | | Securities and Exchange Commission, only the names
of those |
24 | | persons or entities holding interest of 5% or more must be |
25 | | provided.
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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 |
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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 |
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1 | | or indirectly,
any political contribution, or any loans, |
2 | | donations or other payments, to
any candidate or office |
3 | | holder, within 5 years from the date of filing the
|
4 | | application, including the amount and the method of |
5 | | payment.
|
6 | | (10) The name and business telephone number of the |
7 | | counsel
representing an applicant or licensee in matters |
8 | | before the Board.
|
9 | | (11) A description of any proposed or approved |
10 | | riverboat
gaming or land-based gambling operation, |
11 | | including the type of boat, home dock or land-based |
12 | | location, expected
economic benefit to the community, |
13 | | anticipated or actual number of
employees, any statement |
14 | | from an applicant or licensee regarding compliance
with |
15 | | federal and State affirmative action guidelines, projected |
16 | | or actual
admissions and projected or actual adjusted gross |
17 | | gaming receipts.
|
18 | | (12) A description of the product or service to be |
19 | | supplied by an
applicant for a supplier's license.
|
20 | | (b) Notwithstanding any applicable statutory provision to |
21 | | the contrary,
the Board shall, on written request from any |
22 | | person, also provide
the following information:
|
23 | | (1) The amount of the wagering tax and admission tax |
24 | | paid daily to the
State of Illinois by the holder of an |
25 | | owner's license.
|
26 | | (2) Whenever the Board finds an applicant for an |
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1 | | owner's license
unsuitable for licensing, a copy of the |
2 | | written letter outlining the
reasons for the denial.
|
3 | | (3) Whenever the Board has refused to grant leave for |
4 | | an applicant to
withdraw his application, a copy of the |
5 | | letter outlining the reasons for
the refusal.
|
6 | | (c) Subject to the above provisions, the Board shall not |
7 | | disclose any
information which would be barred by:
|
8 | | (1) Section 7 of the Freedom of Information Act; or
|
9 | | (2) The statutes, rules, regulations or |
10 | | intergovernmental agreements
of any jurisdiction.
|
11 | | (d) The Board may assess fees for the copying of |
12 | | information in
accordance with Section 6 of the Freedom of |
13 | | Information Act.
|
14 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
15 | | (230 ILCS 10/6) (from Ch. 120, par. 2406)
|
16 | | Sec. 6. Application for Owners License.
|
17 | | (a) A qualified person may
apply to the Board for an owners |
18 | | license to
conduct a riverboat or land-based gambling operation |
19 | | as provided in this Act. The
application shall be made on forms |
20 | | provided by the Board and shall contain
such information as the |
21 | | Board prescribes, including but not limited to the
identity and |
22 | | exact location of the riverboat or land-based gambling facility |
23 | | where on which such gambling operation is to be
conducted and |
24 | | the exact location where such riverboat will be docked , a
|
25 | | certification that the riverboat or land-based gambling |
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1 | | facility will be registered under this Act at all
times during |
2 | | which gambling operations are conducted on board , detailed
|
3 | | information regarding the ownership and management of the |
4 | | applicant, and
detailed personal information regarding the |
5 | | applicant. Any application for an
owners license to be |
6 | | re-issued on or after June 1, 2003 shall also
include the |
7 | | applicant's license bid in a form prescribed by the Board.
|
8 | | Information
provided on the application shall be used as a |
9 | | basis for a thorough
background investigation which the Board |
10 | | shall conduct with respect to each
applicant. An incomplete |
11 | | application shall be cause for denial of a license
by the |
12 | | Board.
|
13 | | (b) Applicants shall submit with their application all |
14 | | documents,
resolutions, and letters of support from the |
15 | | governing body that represents
the municipality or county |
16 | | wherein the licensee will dock or be located .
|
17 | | (c) Each applicant shall disclose the identity of every |
18 | | person,
association, trust or corporation having a greater than |
19 | | 1% direct or
indirect pecuniary interest in the riverboat or |
20 | | land-based gambling operation with
respect to which the license |
21 | | is sought. If the disclosed entity is a
trust, the application |
22 | | shall disclose the names and addresses of the
beneficiaries; if |
23 | | a corporation, the names and
addresses of all stockholders and |
24 | | directors; if a partnership, the names
and addresses of all |
25 | | partners, both general and limited.
|
26 | | (d) An application shall be filed and considered in |
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1 | | accordance with the rules of the Board. An
application fee of |
2 | | $50,000 shall be paid at the time of filing
to defray the costs |
3 | | associated with the
background investigation conducted by the |
4 | | Board. If the costs of the
investigation exceed $50,000, the |
5 | | applicant shall pay the additional amount
to the Board. If the |
6 | | costs of the investigation are less than $50,000, the
applicant |
7 | | shall receive a refund of the remaining amount. All
|
8 | | information, records, interviews, reports, statements, |
9 | | memoranda or other
data supplied to or used by the Board in the |
10 | | course of its review or
investigation of an application for a |
11 | | license or a renewal under this Act shall be
privileged, |
12 | | strictly confidential and shall be used only for the purpose of
|
13 | | evaluating an applicant for a license or a renewal. Such |
14 | | information, records, interviews, reports,
statements, |
15 | | memoranda or other data shall not be admissible as evidence,
|
16 | | nor discoverable in any action of any kind in any court or |
17 | | before any
tribunal, board, agency or person, except for any |
18 | | action deemed necessary
by the Board.
|
19 | | (e) The Board shall charge each applicant a fee set by the |
20 | | Department of
State Police to defray the costs associated with |
21 | | the search and
classification of fingerprints obtained by the |
22 | | Board with respect to the
applicant's application. These fees |
23 | | shall be paid into the State Police
Services Fund.
|
24 | | (f) The licensed owner shall be the person primarily |
25 | | responsible for the
boat or land-based gambling facility |
26 | | itself. Only one riverboat or land-based gambling operation may |
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1 | | be authorized
by the Board in any riverboat or land-based |
2 | | gambling facility on any riverboat . The applicant must identify |
3 | | each riverboat or land-based gambling facility
it intends to |
4 | | use and certify that the riverboat or land-based gambling |
5 | | facility : (1) has the authorized
capacity required in this Act; |
6 | | (2) is accessible to disabled persons; and
(3) is fully |
7 | | registered and licensed in accordance
with any applicable laws.
|
8 | | (g) A person who knowingly makes a false statement on an |
9 | | application is
guilty of a Class A misdemeanor.
|
10 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
11 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
|
12 | | Sec. 7. Owners Licenses.
|
13 | | (a) The Board shall issue owners licenses to persons, firms |
14 | | or
corporations which apply for such licenses upon payment to |
15 | | the Board of the
non-refundable license fee set by the Board, |
16 | | upon payment of a $25,000
license fee for the first year of |
17 | | operation and a $5,000 license fee for
each succeeding year and |
18 | | upon a determination by the Board that the
applicant is |
19 | | eligible for an owners license pursuant to this Act and the
|
20 | | rules of the Board. From the effective date of this amendatory |
21 | | Act of the 95th General Assembly until (i) 3 years after the |
22 | | effective date of this amendatory Act of the 95th General |
23 | | Assembly, (ii) the date any organization licensee begins to |
24 | | operate a slot machine or video game of chance under the |
25 | | Illinois Horse Racing Act of 1975 or this Act, (iii) the date |
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1 | | that payments begin under subsection (c-5) of Section 13 of the |
2 | | Act, or (iv) the wagering tax imposed under Section 13 of this |
3 | | Act is increased by law to reflect a tax rate that is at least |
4 | | as stringent or more stringent than the tax rate contained in |
5 | | subsection (a-3) of Section 13, whichever occurs first, as a |
6 | | condition of licensure and as an alternative source of payment |
7 | | for those funds payable under subsection (c-5) of Section 13 of |
8 | | this Act the Riverboat Gambling Act , any owners licensee that |
9 | | holds or receives its owners license on or after the effective |
10 | | date of this amendatory Act of the 94th General Assembly, other |
11 | | than an owners licensee operating a riverboat with adjusted |
12 | | gross receipts in calendar year 2004 of less than $200,000,000, |
13 | | must pay into the Horse Racing Equity Trust Fund, in addition |
14 | | to any other payments required under this Act, an amount equal |
15 | | to 3% of the adjusted gross receipts received by the owners |
16 | | licensee. The payments required under this Section shall be |
17 | | made by the owners licensee to the State Treasurer no later |
18 | | than 3:00 o'clock p.m. of the day after the day when the |
19 | | adjusted gross receipts were received by the owners licensee. A |
20 | | person, firm or corporation is ineligible to receive
an owners |
21 | | license if:
|
22 | | (1) the person has been convicted of a felony under the |
23 | | laws of this
State, any other state, or the United States;
|
24 | | (2) the person has been convicted of any violation of |
25 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
26 | | Code of 2012, or substantially similar laws of any other |
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1 | | jurisdiction;
|
2 | | (3) the person has submitted an application for a |
3 | | license under this
Act which contains false information;
|
4 | | (4) the person is
a member of the Board;
|
5 | | (5) a person defined in (1), (2), (3) or (4) is an |
6 | | officer, director or
managerial employee of the firm or |
7 | | corporation;
|
8 | | (6) the firm or corporation employs a person defined in |
9 | | (1), (2), (3) or
(4) who participates in the management or |
10 | | operation of gambling operations
authorized under this |
11 | | Act;
|
12 | | (7) (blank); or
|
13 | | (8) a license of the person, firm or corporation issued |
14 | | under
this Act, or a license to own or operate gambling |
15 | | facilities
in any other jurisdiction, has been revoked.
|
16 | | The Board is expressly prohibited from making changes to |
17 | | the requirement that licensees make payment into the Horse |
18 | | Racing Equity Trust Fund without the express authority of the |
19 | | Illinois General Assembly and making any other rule to |
20 | | implement or interpret this amendatory Act of the 95th General |
21 | | Assembly. For the purposes of this paragraph, "rules" is given |
22 | | the meaning given to that term in Section 1-70 of the Illinois |
23 | | Administrative Procedure Act. |
24 | | (b) In determining whether to grant an owners license to an |
25 | | applicant, the
Board shall consider:
|
26 | | (1) the character, reputation, experience and |
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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 |
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1 | | the Board may adopt by rule;
and
|
2 | | (8) The amount of the applicant's license bid.
|
3 | | (c) Each owners license shall specify the place where |
4 | | riverboats shall
operate and dock or where a land-based |
5 | | gambling facility shall be located .
|
6 | | (d) Each applicant shall submit with his application, on |
7 | | forms
provided by the Board, 2 sets of his fingerprints.
|
8 | | (e) The Board may issue up to 10 licenses authorizing the |
9 | | holders of such
licenses to own riverboats or land-based |
10 | | gambling operations . In the application for an owners license, |
11 | | the
applicant shall state the dock at which the riverboat is |
12 | | based and the water
on which the riverboat will be located or |
13 | | the proposed location of the land-based gambling facility . The |
14 | | Board shall issue 5 licenses to
become effective not earlier |
15 | | than January 1, 1991. Three of such licenses
shall authorize |
16 | | riverboat gambling on the Mississippi River or land-based |
17 | | gambling in a municipality that borders on the Mississippi |
18 | | River or is within 5 miles of the city limits of a municipality |
19 | | that borders on the Mississippi River , or, with approval
by the |
20 | | municipality in which the
riverboat was docked on August 7, |
21 | | 2003 and with Board approval, be authorized to relocate to a |
22 | | new location,
in a
municipality that (1) borders on the |
23 | | Mississippi River or is within 5
miles of the city limits of a |
24 | | municipality that borders on the Mississippi
River and (2), on |
25 | | August 7, 2003, had a riverboat conducting riverboat gambling |
26 | | operations pursuant to
a license issued under this Act; one of |
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1 | | which shall authorize riverboat or land-based
gambling from a |
2 | | home dock or land-based gambling facility in the city of East |
3 | | St. Louis. One other license
shall
authorize riverboat gambling |
4 | | on
the Illinois River south of Marshall County or land-based |
5 | | gambling in a municipality adjacent to the Illinois River south |
6 | | of Marshall County . The Board shall issue one
additional |
7 | | license to become effective not earlier than March 1, 1992, |
8 | | which
shall authorize riverboat gambling on the Des Plaines |
9 | | River in Will County or land-based gambling in a municipality |
10 | | adjacent to the Des Plains River in Will County .
The Board may |
11 | | issue 4 additional licenses to become effective not
earlier |
12 | | than
March 1, 1992. In determining the water upon which |
13 | | riverboats will operate or the locations where land-based |
14 | | gambling facilities will be located ,
the Board shall consider |
15 | | the economic benefit which riverboat or land-based gambling |
16 | | confers
on the State, and shall seek to assure that all regions |
17 | | of the State share
in the economic benefits of riverboat and |
18 | | land-based gambling.
|
19 | | In granting all licenses, the Board may give favorable |
20 | | consideration to
economically depressed areas of the State, to |
21 | | applicants presenting plans
which provide for significant |
22 | | economic development over a large geographic
area, and to |
23 | | applicants who currently operate non-gambling riverboats in
|
24 | | Illinois.
The Board shall review all applications for owners |
25 | | licenses,
and shall inform each applicant of the Board's |
26 | | decision.
The Board may grant an owners license to an
applicant |
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1 | | that has not submitted the highest license bid, but if it does |
2 | | not
select the highest bidder, the Board shall issue a written |
3 | | decision explaining
why another
applicant was selected and |
4 | | identifying the factors set forth in this Section
that favored |
5 | | the winning bidder.
|
6 | | In addition to any other revocation powers granted to the |
7 | | Board under this
Act,
the Board may revoke the owners license |
8 | | of a licensee which fails
to begin conducting gambling within |
9 | | 15 months
of receipt of the
Board's approval of the application |
10 | | if the Board determines that license
revocation is in the best |
11 | | interests of the State.
|
12 | | (f) The first 10 owners licenses issued under this Act |
13 | | shall permit the
holder to own up to 2 riverboats or land-based |
14 | | gambling facilities and equipment thereon
for a period of 3 |
15 | | years after the effective date of the license. Holders of
the |
16 | | first 10 owners licenses must pay the annual license fee for |
17 | | each of
the 3
years during which they are authorized to own |
18 | | riverboats.
|
19 | | (g) Upon the termination, expiration, or revocation of each |
20 | | of the first
10 licenses, which shall be issued for a 3 year |
21 | | period, all licenses are
renewable annually upon payment of the |
22 | | fee and a determination by the Board
that the licensee |
23 | | continues to meet all of the requirements of this Act and the
|
24 | | Board's rules.
However, for licenses renewed on or after May 1, |
25 | | 1998, renewal shall be
for a period of 4 years, unless the |
26 | | Board sets a shorter period.
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1 | | (h) An owners license shall entitle the licensee to own up |
2 | | to 2 gambling operations
riverboats . A licensee shall limit the |
3 | | number of gambling participants to
1,200 for any such owners |
4 | | license.
A licensee may operate both of its gambling operations |
5 | | riverboats concurrently, provided that the
total number of |
6 | | gambling participants for both gambling operations on both |
7 | | riverboats does not exceed
1,200. Riverboats licensed to |
8 | | operate on the
Mississippi River and the Illinois River south |
9 | | of Marshall County shall
have an authorized capacity of at |
10 | | least 500 persons. Any other riverboat
licensed under this Act |
11 | | shall have an authorized capacity of at least 400
persons.
|
12 | | (i) A licensed owner is authorized to apply to the Board |
13 | | for and, if
approved therefor, to receive all licenses from the |
14 | | Board necessary for the
operation of a riverboat or land-based |
15 | | gambling facility , including a liquor license, a license
to |
16 | | prepare and serve food for human consumption, and other |
17 | | necessary
licenses. All use, occupation and excise taxes which |
18 | | apply to the sale of
food and beverages in this State and all |
19 | | taxes imposed on the sale or use
of tangible personal property |
20 | | apply to such sales aboard the riverboat or within the |
21 | | land-based gambling facility .
|
22 | | (j) The Board may issue or re-issue a license authorizing a |
23 | | riverboat to
dock
in a municipality , authorizing a land-based |
24 | | gambling facility to be located in a municipality, or approve a |
25 | | relocation under Section 11.2 only if, prior
to the issuance or |
26 | | re-issuance of
the license or approval, the governing body of |
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1 | | the municipality in which
the riverboat will dock or the |
2 | | land-based gambling facility will be located has by a majority |
3 | | vote approved the docking of
riverboats or the placement of |
4 | | land-based gambling facilities in the municipality. The Board |
5 | | may issue or re-issue a license
authorizing a
riverboat to dock |
6 | | or authorizing a land-based gambling facility to be located in |
7 | | areas of a county outside any municipality or approve a
|
8 | | relocation under Section 11.2 only if, prior to the issuance or |
9 | | re-issuance
of the license
or approval, the
governing body of |
10 | | the county has by a majority vote approved of the docking of
|
11 | | riverboats or the placement of land-based gambling facilities |
12 | | within such areas. |
13 | | (k) The Board may authorize a licensed owner to transfer |
14 | | its gambling operation from a riverboat to a land-based |
15 | | gambling facility or from a land-based gambling facility to a |
16 | | riverboat in compliance with this Act and subject to Board |
17 | | directives and supervision.
|
18 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
|
19 | | (230 ILCS 10/7.1)
|
20 | | Sec. 7.1. Re-issuance of revoked or non-renewed owners |
21 | | licenses.
|
22 | | (a) If an owners license terminates or expires without |
23 | | renewal or the Board
revokes or determines not to renew an |
24 | | owners license (including, without
limitation, an owners |
25 | | license for a licensee that was not conducting riverboat
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1 | | gambling operations on January 1, 1998)
and that revocation or |
2 | | determination is final, the Board may re-issue such
license to
|
3 | | a qualified applicant pursuant to an open and competitive |
4 | | bidding process, as
set forth in Section 7.5, and subject to |
5 | | the maximum number of authorized
licenses set forth in Section
|
6 | | 7(e).
|
7 | | (b) To be a qualified applicant, a person, firm, or |
8 | | corporation cannot be
ineligible to receive an owners license |
9 | | under Section 7(a) and must submit an
application for an owners |
10 | | license that complies with Section 6. Each such
applicant must |
11 | | also submit evidence to the Board that minority persons and
|
12 | | females hold ownership interests in the applicant of at least |
13 | | 16% and 4%
respectively.
|
14 | | (c) Notwithstanding anything to the contrary in Section |
15 | | 7(e), an applicant
may apply to the Board for approval of |
16 | | relocation of a re-issued license to a
new home dock or |
17 | | land-based location authorized under Section 3(c) upon receipt |
18 | | of the
approval from the municipality or county, as the case |
19 | | may be, pursuant to
Section 7(j).
|
20 | | (d) In determining whether to grant a re-issued owners |
21 | | license to an
applicant, the
Board shall consider all of the |
22 | | factors set forth in Sections 7(b) and (e) as
well as the |
23 | | amount of the applicant's license bid. The Board may
grant the |
24 | | re-issued owners license to an applicant that has not submitted |
25 | | the
highest license bid, but if it does not select the highest |
26 | | bidder,
the Board shall issue a written decision explaining why |
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1 | | another applicant was
selected and identifying the factors set |
2 | | forth in Sections 7(b) and (e) that
favored the winning bidder.
|
3 | | (e) Re-issued owners licenses shall be subject to annual |
4 | | license fees as
provided for in Section 7(a) and shall be |
5 | | governed by the provisions of
Sections 7(f), (g), (h), and (i).
|
6 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
7 | | (230 ILCS 10/7.3)
|
8 | | Sec. 7.3. State conduct of gambling operations.
|
9 | | (a) If, after reviewing each application for a re-issued |
10 | | license, the
Board determines that the highest prospective |
11 | | total revenue to the State would
be derived from State conduct |
12 | | of the gambling operation in lieu of re-issuing
the license, |
13 | | the Board shall inform each applicant of its decision. The |
14 | | Board
shall thereafter have the authority, without obtaining an |
15 | | owners license, to
conduct riverboat or land-based gambling |
16 | | operations as
previously authorized by the terminated, |
17 | | expired, revoked, or nonrenewed
license through a licensed |
18 | | manager selected pursuant to an open and competitive
bidding
|
19 | | process as set forth in Section 7.5 and as provided in Section |
20 | | 7.4.
|
21 | | (b) The Board may locate any riverboat or land-based |
22 | | gambling facility containing on which a gambling operation is
|
23 | | conducted by the State in any home dock or land-based location |
24 | | authorized by Section 3(c)
upon receipt of approval from a |
25 | | majority vote of the governing body of the
municipality or |
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1 | | county, as the case may be, in which the riverboat will dock or |
2 | | the land-based gambling facility will be located .
|
3 | | (c) The Board shall have jurisdiction over and shall |
4 | | supervise all
gambling operations conducted by the State |
5 | | provided for in this Act and shall
have all powers necessary |
6 | | and proper to fully and effectively execute the
provisions of |
7 | | this Act relating to gambling operations conducted by the |
8 | | State.
|
9 | | (d) The maximum number of owners licenses authorized under |
10 | | Section 7(e)
shall be reduced by one for each instance in which |
11 | | the Board authorizes the
State to conduct a riverboat or |
12 | | land-based gambling operation under subsection (a) in lieu of
|
13 | | re-issuing a license to an applicant under Section 7.1.
|
14 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
15 | | (230 ILCS 10/7.4)
|
16 | | Sec. 7.4. Managers licenses.
|
17 | | (a) A qualified person may apply to the Board for a |
18 | | managers license to
operate
and manage any gambling operation |
19 | | conducted by the State. The application shall
be
made on forms |
20 | | provided by the Board and shall contain such information as the
|
21 | | Board
prescribes, including but not limited to information |
22 | | required in Sections 6(a),
(b), and
(c) and information |
23 | | relating to the applicant's proposed price to manage State
|
24 | | gambling
operations and to provide the riverboat, land-based |
25 | | gambling facility, gambling equipment, and supplies
necessary |
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1 | | to
conduct State gambling operations.
|
2 | | (b) Each applicant must submit evidence to the Board that |
3 | | minority persons
and
females hold ownership interests in the |
4 | | applicant of at least 16% and 4%,
respectively.
|
5 | | (c) A person, firm, or corporation is ineligible to receive |
6 | | a managers
license if:
|
7 | | (1) the person has been convicted of a felony under the |
8 | | laws of this
State, any other state, or the United States;
|
9 | | (2) the person has been convicted of any violation of |
10 | | Article 28 of
the Criminal Code of 1961 or the Criminal |
11 | | Code of 2012, or substantially similar laws of any other
|
12 | | jurisdiction;
|
13 | | (3) the person has submitted an application for a |
14 | | license under this
Act which contains false information;
|
15 | | (4) the person is a member of the Board;
|
16 | | (5) a person defined in (1), (2), (3), or (4) is an |
17 | | officer, director, or
managerial employee of the firm or |
18 | | corporation;
|
19 | | (6) the firm or corporation employs a person defined in |
20 | | (1), (2), (3),
or (4) who participates in the management or |
21 | | operation of gambling
operations authorized under this |
22 | | Act; or
|
23 | | (7) a license of the person, firm, or corporation |
24 | | issued under this Act,
or
a license to own or operate |
25 | | gambling facilities in any other jurisdiction, has
been |
26 | | revoked.
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1 | | (d) Each applicant shall submit with his or her |
2 | | application, on forms
prescribed by
the Board, 2 sets of his or |
3 | | her fingerprints.
|
4 | | (e) The Board shall charge each applicant a fee, set by the |
5 | | Board, to defray
the costs associated with the background |
6 | | investigation conducted by the
Board.
|
7 | | (f) A person who knowingly makes a false statement on an |
8 | | application is
guilty of a Class A misdemeanor.
|
9 | | (g) The managers license shall be for a term not to exceed |
10 | | 10 years, shall
be
renewable at the Board's option, and shall |
11 | | contain such terms and
provisions as the Board deems necessary |
12 | | to protect or enhance the
credibility and integrity of State |
13 | | gambling operations, achieve the highest
prospective total |
14 | | revenue to the State, and otherwise serve the interests of
the |
15 | | citizens of Illinois.
|
16 | | (h) Issuance of a managers license shall be subject to an |
17 | | open and
competitive bidding
process. The Board may select an |
18 | | applicant other than the lowest bidder by
price. If it does not |
19 | | select the lowest bidder, the Board shall issue a notice
of who
|
20 | | the lowest bidder was and a written decision as to why another |
21 | | bidder was
selected.
|
22 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
23 | | (230 ILCS 10/8) (from Ch. 120, par. 2408)
|
24 | | Sec. 8. Suppliers licenses.
|
25 | | (a) The Board may issue a suppliers license to such |
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1 | | persons, firms or
corporations which apply therefor upon the |
2 | | payment of a non-refundable
application fee set by the Board, |
3 | | upon a determination by the Board that
the applicant is |
4 | | eligible for a suppliers license and upon payment of a
$5,000 |
5 | | annual license
fee.
|
6 | | (b) The holder of a suppliers license is authorized to sell |
7 | | or lease,
and to contract to sell or lease, gambling equipment |
8 | | and supplies to any
licensee involved in the ownership or |
9 | | management of gambling operations.
|
10 | | (c) Gambling supplies and equipment may not be distributed
|
11 | | unless supplies and equipment conform to standards adopted by
|
12 | | rules of the Board.
|
13 | | (d) A person, firm or corporation is ineligible to receive |
14 | | a suppliers
license if:
|
15 | | (1) the person has been convicted of a felony under the |
16 | | laws of this
State, any other state, or the United States;
|
17 | | (2) the person has been convicted of any violation of |
18 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
19 | | Code of 2012, or substantially similar laws of any other |
20 | | jurisdiction;
|
21 | | (3) the person has submitted an application for a |
22 | | license under this
Act which contains false information;
|
23 | | (4) the person is a member of the Board;
|
24 | | (5) the firm or corporation is one in which a person |
25 | | defined in (1),
(2), (3) or (4), is an officer, director or |
26 | | managerial employee;
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1 | | (6) the firm or corporation employs a person who |
2 | | participates in the
management or operation of riverboat or |
3 | | land-based gambling authorized under this Act;
|
4 | | (7) the license of the person, firm or corporation |
5 | | issued under
this Act, or a license to own or operate |
6 | | gambling facilities
in any other jurisdiction, has been |
7 | | revoked.
|
8 | | (e) Any person that supplies any equipment, devices, or |
9 | | supplies to a
licensed riverboat or land-based gambling |
10 | | operation must first obtain a suppliers
license. A supplier |
11 | | shall furnish to the Board a list of all equipment,
devices and |
12 | | supplies offered for sale or lease in connection with gambling
|
13 | | games authorized under this Act. A supplier shall keep books |
14 | | and records
for the furnishing of equipment, devices and |
15 | | supplies to gambling
operations separate and distinct from any |
16 | | other business that the supplier
might operate. A supplier |
17 | | shall file a quarterly return with the Board
listing all sales |
18 | | and leases. A supplier shall permanently affix its name or a |
19 | | distinctive logo or other mark or design element identifying |
20 | | the manufacturer or supplier
to all its equipment, devices, and |
21 | | supplies, except gaming chips without a value impressed, |
22 | | engraved, or imprinted on it, for gambling operations.
The |
23 | | Board may waive this requirement for any specific product or |
24 | | products if it determines that the requirement is not necessary |
25 | | to protect the integrity of the game. Items purchased from a |
26 | | licensed supplier may continue to be used even though the |
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1 | | supplier subsequently changes its name, distinctive logo, or |
2 | | other mark or design element; undergoes a change in ownership; |
3 | | or ceases to be licensed as a supplier for any reason. Any |
4 | | supplier's equipment, devices or supplies which are used by any |
5 | | person
in an unauthorized gambling operation shall be forfeited |
6 | | to the State. A
licensed owner may own its own equipment, |
7 | | devices and supplies. Each
holder of an owners license under |
8 | | the Act shall file an annual report
listing its inventories of |
9 | | gambling equipment, devices and supplies.
|
10 | | (f) Any person who knowingly makes a false statement on an |
11 | | application
is guilty of a Class A misdemeanor.
|
12 | | (g) Any gambling equipment, devices and supplies provided |
13 | | by any
licensed supplier may either be repaired on the |
14 | | riverboat or removed from
the riverboat to an on-shore facility |
15 | | owned by the holder of an owners
license for repair.
|
16 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; |
17 | | 98-756, eff. 7-16-14.)
|
18 | | (230 ILCS 10/9) (from Ch. 120, par. 2409)
|
19 | | Sec. 9. Occupational licenses.
|
20 | | (a) The Board may issue an occupational license to an |
21 | | applicant upon the
payment of a non-refundable fee set by the |
22 | | Board, upon a determination by
the Board that the applicant is |
23 | | eligible for an occupational license and
upon payment of an |
24 | | annual license fee in an amount to be established. To
be |
25 | | eligible for an occupational license, an applicant must:
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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 |
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1 | | applicants for an owners license.
Furthermore, such rules |
2 | | shall provide that each such entity shall be
permitted to |
3 | | manage gambling operations for only one licensed owner.
|
4 | | (b) Each application for an occupational license shall be |
5 | | on forms
prescribed by the Board and shall contain all |
6 | | information required by the
Board. The applicant shall set |
7 | | forth in the application: whether he has been
issued prior |
8 | | gambling related licenses; whether he has been licensed in any
|
9 | | other state under any other name, and, if so, such name and his |
10 | | age; and
whether or not a permit or license issued to him in |
11 | | any other state has
been suspended, restricted or revoked, and, |
12 | | if so, for what period of time.
|
13 | | (c) Each applicant shall submit with his application, on |
14 | | forms provided
by the Board, 2 sets of his fingerprints. The |
15 | | Board shall charge each
applicant a fee set by the Department |
16 | | of State Police to defray the costs
associated with the search |
17 | | and classification of fingerprints obtained by
the Board with |
18 | | respect to the applicant's application. These fees shall be
|
19 | | paid into the State Police Services Fund.
|
20 | | (d) The Board may in its discretion refuse an occupational |
21 | | license to
any person: (1) who is unqualified to perform the |
22 | | duties required of such
applicant; (2) who fails to disclose or |
23 | | states falsely any information
called for in the application; |
24 | | (3) who has been found guilty of a
violation of this Act or |
25 | | whose prior gambling related license or
application therefor |
26 | | has been suspended, restricted, revoked or denied for
just |
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1 | | cause in any other state; or (4) for any other just cause.
|
2 | | (e) The Board may suspend, revoke or restrict any |
3 | | occupational licensee:
(1) for violation of any provision of |
4 | | this Act; (2) for violation of any
of the rules and regulations |
5 | | of the Board; (3) for any cause which, if
known to the Board, |
6 | | would have disqualified the applicant from receiving
such |
7 | | license; or (4) for default in the payment of any obligation or |
8 | | debt
due to the State of Illinois; or (5) for any other just |
9 | | cause.
|
10 | | (f) A person who knowingly makes a false statement on an |
11 | | application is
guilty of a Class A misdemeanor.
|
12 | | (g) Any license issued pursuant to this Section shall be |
13 | | valid for a
period of one year from the date of issuance.
|
14 | | (h) Nothing in this Act shall be interpreted to prohibit a |
15 | | licensed
owner from entering into an agreement with a public |
16 | | community college or a school approved under the
Private |
17 | | Business and Vocational Schools Act of 2012 for the training of |
18 | | any
occupational licensee. Any training offered by such a |
19 | | school shall be in
accordance with a written agreement between |
20 | | the licensed owner and the school.
|
21 | | (i) Any training provided for occupational licensees may be |
22 | | conducted
either on the riverboat or in the land-based gambling |
23 | | facility or at a school with which a licensed owner has
entered |
24 | | into an agreement pursuant to subsection (h).
|
25 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12; |
26 | | 97-1150, eff. 1-25-13.)
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1 | | (230 ILCS 10/11) (from Ch. 120, par. 2411)
|
2 | | Sec. 11. Conduct of gambling. Gambling may be conducted by |
3 | | licensed owners or licensed managers on behalf
of the State |
4 | | aboard riverboats or in land-based gambling facilities ,
|
5 | | subject to the following standards:
|
6 | | (1) A licensee may conduct riverboat gambling |
7 | | authorized under this Act
regardless of whether it conducts |
8 | | excursion cruises. A licensee may permit
the continuous |
9 | | ingress and egress of passengers on a riverboat not used |
10 | | for excursion cruises for the purpose of gambling. |
11 | | Excursion cruises shall not exceed 4 hours for a round |
12 | | trip. However, the Board may grant express approval for an |
13 | | extended cruise on a case-by-case basis.
|
14 | | (2) (Blank).
|
15 | | (3) Minimum and maximum wagers on games shall be set by |
16 | | the licensee.
|
17 | | (4) Agents of the Board and the Department of State |
18 | | Police may board
and inspect any riverboat at any time for |
19 | | the purpose of determining
whether this Act is being |
20 | | complied with. Every riverboat, if under way and
being |
21 | | hailed by a law enforcement officer or agent of the Board, |
22 | | must stop
immediately and lay to.
|
23 | | (5) Employees of the Board shall have the right to be |
24 | | present on the
riverboat or in the land-based gambling |
25 | | facility or on adjacent facilities under the control of the |
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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 |
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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 |
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1 | | addition to the
other licenses authorized under this Act, |
2 | | the Board may issue special event
licenses allowing persons |
3 | | who are not otherwise licensed to conduct
riverboat or |
4 | | land-based gambling to conduct such gambling on a specified |
5 | | date or series
of dates. Riverboat or land-based gambling |
6 | | under such a license may take place on a
riverboat or |
7 | | inside a land-based gambling facility not normally used for |
8 | | riverboat gambling. The Board shall
establish standards, |
9 | | fees and fines for, and limitations upon, such
licenses, |
10 | | which may differ from the standards, fees, fines and |
11 | | limitations
otherwise applicable under this Act. All such |
12 | | fees shall be deposited into
the State Gaming Fund. All |
13 | | such fines shall be deposited into the
Education Assistance |
14 | | Fund, created by Public Act 86-0018, of the State
of |
15 | | Illinois.
|
16 | | (14) In addition to the above, gambling must be |
17 | | conducted in accordance
with all rules adopted by the |
18 | | Board.
|
19 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
20 | | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
|
21 | | Sec. 11.1. Collection of amounts owing under credit |
22 | | agreements. Notwithstanding any applicable statutory provision |
23 | | to the contrary, a
licensed owner or manager who extends credit |
24 | | to a riverboat or land-based gambling patron
pursuant
to |
25 | | Section 11 (a) (12) of this Act is expressly authorized to |
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1 | | institute a
cause of action to collect any amounts due and |
2 | | owing under the extension of
credit, as well as the owner's or |
3 | | manager's costs, expenses and reasonable
attorney's
fees |
4 | | incurred in collection.
|
5 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
6 | | (230 ILCS 10/11.2)
|
7 | | Sec. 11.2. Relocation of riverboat home dock.
|
8 | | (a) A licensee that was not conducting
riverboat gambling |
9 | | on January 1, 1998 may apply to the Board for renewal and
|
10 | | approval of relocation to a new home dock or land-based |
11 | | location authorized under Section
3(c) and
the Board
shall |
12 | | grant the application and approval upon receipt by the licensee |
13 | | of
approval from the new municipality or county, as the case |
14 | | may be, in which the
licensee wishes to relocate pursuant to |
15 | | Section 7(j).
|
16 | | (b) Any licensee that relocates its home dock or relocates |
17 | | to a land-based gambling facility
pursuant
to this Section |
18 | | shall attain a level of at least 20% minority person and female
|
19 | | ownership, at least 16% and 4% respectively, within a time |
20 | | period
prescribed by the Board,
but not to exceed 12 months |
21 | | from the date
the licensee
begins conducting gambling at the |
22 | | new home dock or land-based location. The 12-month period
shall |
23 | | be extended by the amount of
time
necessary to conduct a |
24 | | background investigation pursuant to Section 6.
For the |
25 | | purposes of this
Section, the terms "female" and "minority |
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1 | | person" have the meanings provided in
Section 2 of the
Business |
2 | | Enterprise for Minorities, Females, and Persons with |
3 | | Disabilities
Act.
|
4 | | (Source: P.A. 91-40, eff. 6-25-99.)
|
5 | | (230 ILCS 10/12) (from Ch. 120, par. 2412)
|
6 | | Sec. 12. Admission tax; fees.
|
7 | | (a) A tax is hereby imposed upon admissions to riverboats |
8 | | and land-based gambling facilities operated by
licensed owners |
9 | | authorized pursuant to this Act. Until July 1, 2002, the
rate |
10 | | is $2 per person admitted. From July 1, 2002 until
July 1, |
11 | | 2003, the rate is $3 per person admitted.
From July 1, 2003 |
12 | | until August 23, 2005 (the effective date of Public Act |
13 | | 94-673), for a licensee that admitted 1,000,000 persons or
|
14 | | fewer in the previous calendar year, the rate is $3 per person |
15 | | admitted; for a
licensee that admitted more than 1,000,000 but |
16 | | no more than 2,300,000 persons
in the previous calendar year, |
17 | | the rate is $4 per person admitted; and for
a licensee that |
18 | | admitted more than 2,300,000 persons in the previous calendar
|
19 | | year, the rate is $5 per person admitted.
Beginning on August |
20 | | 23, 2005 (the effective date of Public Act 94-673), for a |
21 | | licensee that admitted 1,000,000 persons or
fewer in calendar |
22 | | year 2004, the rate is $2 per person admitted, and for all |
23 | | other
licensees, including licensees that were not conducting |
24 | | gambling operations in 2004, the rate is $3 per person |
25 | | admitted.
This admission tax is imposed upon the
licensed owner |
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1 | | conducting gambling.
|
2 | | (1) The admission tax shall be paid for each admission, |
3 | | except that a person who exits a riverboat gambling |
4 | | facility or land-based gambling facility and reenters that |
5 | | riverboat gambling facility or land-based gambling |
6 | | facility within the same gaming day shall be subject only |
7 | | to the initial admission tax.
|
8 | | (2) (Blank).
|
9 | | (3) The riverboat or land-based gambling operation |
10 | | licensee may issue tax-free passes to
actual and necessary |
11 | | officials and employees of the licensee or other
persons |
12 | | actually working on the riverboat or in the land-based |
13 | | gambling facility .
|
14 | | (4) The number and issuance of tax-free passes is |
15 | | subject to the rules
of the Board, and a list of all |
16 | | persons to whom the tax-free passes are
issued shall be |
17 | | filed with the Board.
|
18 | | (a-5) A fee is hereby imposed upon admissions operated by |
19 | | licensed
managers on behalf of the State pursuant to Section |
20 | | 7.3 at the rates provided
in
this subsection (a-5). For a |
21 | | licensee that
admitted 1,000,000 persons or fewer in the |
22 | | previous calendar year, the rate is
$3 per person admitted; for |
23 | | a licensee that admitted more than 1,000,000 but no
more than |
24 | | 2,300,000 persons
in the previous calendar year, the rate is $4 |
25 | | per person admitted; and for
a licensee that admitted more than |
26 | | 2,300,000 persons in the previous calendar
year, the rate is $5 |
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1 | | per person admitted.
|
2 | | (1) The admission fee shall be paid for each admission.
|
3 | | (2) (Blank).
|
4 | | (3) The licensed manager may issue fee-free passes to |
5 | | actual and necessary
officials and employees of the manager |
6 | | or other persons actually working on the
riverboat or in |
7 | | the land-based gambling facility .
|
8 | | (4) The number and issuance of fee-free passes is |
9 | | subject to the rules
of the Board, and a list of all |
10 | | persons to whom the fee-free passes are
issued shall be |
11 | | filed with the Board.
|
12 | | (b) From the tax imposed under subsection (a) and the fee |
13 | | imposed under
subsection (a-5), a municipality shall receive |
14 | | from the State $1 for each
person embarking on a riverboat |
15 | | docked within the municipality and for each person entering a |
16 | | land-based gambling facility within the municipality , and a |
17 | | county
shall receive $1 for each person embarking on a |
18 | | riverboat docked within the
county but outside the boundaries |
19 | | of any municipality and for each person entering a land-based |
20 | | gambling facility within the county but outside the boundaries |
21 | | of any municipality . The municipality's or
county's share shall |
22 | | be collected by the Board on behalf of the State and
remitted |
23 | | quarterly by the State, subject to appropriation, to the |
24 | | treasurer of
the unit of local government for deposit in the |
25 | | general fund.
|
26 | | (c) The licensed owner shall pay the entire admission tax |
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1 | | to the Board and
the licensed manager shall pay the entire |
2 | | admission fee to the Board.
Such payments shall be made daily. |
3 | | Accompanying each payment shall be a
return on forms provided |
4 | | by the Board which shall include other
information regarding |
5 | | admissions as the Board may require. Failure to
submit either |
6 | | the payment or the return within the specified time may
result |
7 | | in suspension or revocation of the owners or managers license.
|
8 | | (d) The Board shall administer and collect the admission |
9 | | tax imposed by
this Section, to the extent practicable, in a |
10 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
11 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the |
12 | | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
13 | | Penalty and Interest Act.
|
14 | | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
|
15 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
16 | | Sec. 13. Wagering tax; rate; distribution.
|
17 | | (a) Until January 1, 1998, a tax is imposed on the adjusted |
18 | | gross
receipts received from gambling games authorized under |
19 | | this Act at the rate of
20%.
|
20 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege |
21 | | tax is
imposed on persons engaged in the business of conducting |
22 | | riverboat gambling
operations, based on the adjusted gross |
23 | | receipts received by a licensed owner
from gambling games |
24 | | authorized under this Act at the following rates:
|
25 | | 15% of annual adjusted gross receipts up to and |
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1 | | including $25,000,000;
|
2 | | 20% of annual adjusted gross receipts in excess of |
3 | | $25,000,000 but not
exceeding $50,000,000;
|
4 | | 25% of annual adjusted gross receipts in excess of |
5 | | $50,000,000 but not
exceeding $75,000,000;
|
6 | | 30% of annual adjusted gross receipts in excess of |
7 | | $75,000,000 but not
exceeding $100,000,000;
|
8 | | 35% of annual adjusted gross receipts in excess of |
9 | | $100,000,000.
|
10 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
11 | | is imposed on
persons engaged in the business of conducting |
12 | | riverboat gambling operations,
other than licensed managers |
13 | | conducting riverboat gambling operations on behalf
of the |
14 | | State, based on the adjusted gross receipts received by a |
15 | | licensed
owner from gambling games authorized under this Act at |
16 | | the following rates:
|
17 | | 15% of annual adjusted gross receipts up to and |
18 | | including $25,000,000;
|
19 | | 22.5% of annual adjusted gross receipts in excess of |
20 | | $25,000,000 but not
exceeding $50,000,000;
|
21 | | 27.5% of annual adjusted gross receipts in excess of |
22 | | $50,000,000 but not
exceeding $75,000,000;
|
23 | | 32.5% of annual adjusted gross receipts in excess of |
24 | | $75,000,000 but not
exceeding $100,000,000;
|
25 | | 37.5% of annual adjusted gross receipts in excess of |
26 | | $100,000,000 but not
exceeding $150,000,000;
|
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1 | | 45% of annual adjusted gross receipts in excess of |
2 | | $150,000,000 but not
exceeding $200,000,000;
|
3 | | 50% of annual adjusted gross receipts in excess of |
4 | | $200,000,000.
|
5 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
6 | | persons engaged
in the business of conducting riverboat |
7 | | gambling operations, other than
licensed managers conducting |
8 | | riverboat gambling operations on behalf of the
State, based on |
9 | | the adjusted gross receipts received by a licensed owner from
|
10 | | gambling games authorized under this Act at the following |
11 | | rates:
|
12 | | 15% of annual adjusted gross receipts up to and |
13 | | including $25,000,000;
|
14 | | 27.5% of annual adjusted gross receipts in excess of |
15 | | $25,000,000 but not
exceeding $37,500,000;
|
16 | | 32.5% of annual adjusted gross receipts in excess of |
17 | | $37,500,000 but not
exceeding $50,000,000;
|
18 | | 37.5% of annual adjusted gross receipts in excess of |
19 | | $50,000,000 but not
exceeding $75,000,000;
|
20 | | 45% of annual adjusted gross receipts in excess of |
21 | | $75,000,000 but not
exceeding $100,000,000;
|
22 | | 50% of annual adjusted gross receipts in excess of |
23 | | $100,000,000 but not
exceeding $250,000,000;
|
24 | | 70% of annual adjusted gross receipts in excess of |
25 | | $250,000,000.
|
26 | | An amount equal to the amount of wagering taxes collected |
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1 | | under this
subsection (a-3) that are in addition to the amount |
2 | | of wagering taxes that
would have been collected if the |
3 | | wagering tax rates under subsection (a-2)
were in effect shall |
4 | | be paid into the Common School Fund.
|
5 | | The privilege tax imposed under this subsection (a-3) shall |
6 | | no longer be
imposed beginning on the earlier of (i) July 1, |
7 | | 2005; (ii) the first date
after June 20, 2003 that riverboat |
8 | | gambling operations are conducted
pursuant to a dormant |
9 | | license; or (iii) the first day that riverboat gambling
|
10 | | operations are conducted under the authority of an owners |
11 | | license that is in
addition to the 10 owners licenses initially |
12 | | authorized under this Act.
For the purposes of this subsection |
13 | | (a-3), the term "dormant license"
means an owners license that |
14 | | is authorized by this Act under which no
riverboat gambling |
15 | | operations are being conducted on June 20, 2003.
|
16 | | (a-4) Beginning on the first day on which the tax imposed |
17 | | under
subsection (a-3) is no longer imposed, a privilege tax is |
18 | | imposed on persons
engaged in the business of conducting |
19 | | riverboat or land-based gambling operations, other
than |
20 | | licensed managers conducting riverboat or land-based gambling |
21 | | operations on behalf of
the State, based on the adjusted gross |
22 | | receipts received by a licensed owner
from gambling games |
23 | | authorized under this Act at the following rates:
|
24 | | 15% of annual adjusted gross receipts up to and |
25 | | including $25,000,000;
|
26 | | 22.5% of annual adjusted gross receipts in excess of |
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1 | | $25,000,000 but not
exceeding $50,000,000;
|
2 | | 27.5% of annual adjusted gross receipts in excess of |
3 | | $50,000,000 but not
exceeding $75,000,000;
|
4 | | 32.5% of annual adjusted gross receipts in excess of |
5 | | $75,000,000 but not
exceeding $100,000,000;
|
6 | | 37.5% of annual adjusted gross receipts in excess of |
7 | | $100,000,000 but not
exceeding $150,000,000;
|
8 | | 45% of annual adjusted gross receipts in excess of |
9 | | $150,000,000 but not
exceeding $200,000,000;
|
10 | | 50% of annual adjusted gross receipts in excess of |
11 | | $200,000,000.
|
12 | | (a-8) Riverboat or land-based gambling operations |
13 | | conducted by a licensed manager on
behalf of the State are not |
14 | | subject to the tax imposed under this Section.
|
15 | | (a-10) The taxes imposed by this Section shall be paid by |
16 | | the licensed
owner to the Board not later than 5:00 o'clock |
17 | | p.m. of the day after the day
when the wagers were made.
|
18 | | (a-15) If the privilege tax imposed under subsection (a-3) |
19 | | is no longer imposed pursuant to item (i) of the last paragraph |
20 | | of subsection (a-3), then by June 15 of each year, each owners |
21 | | licensee, other than an owners licensee that admitted 1,000,000 |
22 | | persons or
fewer in calendar year 2004, must, in addition to |
23 | | the payment of all amounts otherwise due under this Section, |
24 | | pay to the Board a reconciliation payment in the amount, if |
25 | | any, by which the licensed owner's base amount exceeds the |
26 | | amount of net privilege tax paid by the licensed owner to the |
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1 | | Board in the then current State fiscal year. A licensed owner's |
2 | | net privilege tax obligation due for the balance of the State |
3 | | fiscal year shall be reduced up to the total of the amount paid |
4 | | by the licensed owner in its June 15 reconciliation payment. |
5 | | The obligation imposed by this subsection (a-15) is binding on |
6 | | any person, firm, corporation, or other entity that acquires an |
7 | | ownership interest in any such owners license. The obligation |
8 | | imposed under this subsection (a-15) terminates on the earliest |
9 | | of: (i) July 1, 2007, (ii) the first day after the effective |
10 | | date of this amendatory Act of the 94th General Assembly that |
11 | | riverboat gambling operations are conducted pursuant to a |
12 | | dormant license, (iii) the first day that riverboat gambling |
13 | | operations are conducted under the authority of an owners |
14 | | license that is in addition to the 10 owners licenses initially |
15 | | authorized under this Act, or (iv) the first day that a |
16 | | licensee under the Illinois Horse Racing Act of 1975 conducts |
17 | | gaming operations with slot machines or other electronic gaming |
18 | | devices. The Board must reduce the obligation imposed under |
19 | | this subsection (a-15) by an amount the Board deems reasonable |
20 | | for any of the following reasons: (A) an act or acts of God, |
21 | | (B) an act of bioterrorism or terrorism or a bioterrorism or |
22 | | terrorism threat that was investigated by a law enforcement |
23 | | agency, or (C) a condition beyond the control of the owners |
24 | | licensee that does not result from any act or omission by the |
25 | | owners licensee or any of its agents and that poses a hazardous |
26 | | threat to the health and safety of patrons. If an owners |
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1 | | licensee pays an amount in excess of its liability under this |
2 | | Section, the Board shall apply the overpayment to future |
3 | | payments required under this Section. |
4 | | For purposes of this subsection (a-15): |
5 | | "Act of God" means an incident caused by the operation of |
6 | | an extraordinary force that cannot be foreseen, that cannot be |
7 | | avoided by the exercise of due care, and for which no person |
8 | | can be held liable.
|
9 | | "Base amount" means the following: |
10 | | For a riverboat in Alton, $31,000,000.
|
11 | | For a riverboat in East Peoria, $43,000,000.
|
12 | | For the Empress riverboat in Joliet, $86,000,000.
|
13 | | For a riverboat in Metropolis, $45,000,000.
|
14 | | For the Harrah's riverboat in Joliet, $114,000,000.
|
15 | | For a riverboat in Aurora, $86,000,000.
|
16 | | For a riverboat in East St. Louis, $48,500,000.
|
17 | | For a riverboat in Elgin, $198,000,000.
|
18 | | "Dormant license" has the meaning ascribed to it in |
19 | | subsection (a-3).
|
20 | | "Net privilege tax" means all privilege taxes paid by a |
21 | | licensed owner to the Board under this Section, less all |
22 | | payments made from the State Gaming Fund pursuant to subsection |
23 | | (b) of this Section. |
24 | | The changes made to this subsection (a-15) by Public Act |
25 | | 94-839 are intended to restate and clarify the intent of Public |
26 | | Act 94-673 with respect to the amount of the payments required |
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1 | | to be made under this subsection by an owners licensee to the |
2 | | Board.
|
3 | | (b) Until January 1, 1998, 25% of the tax revenue deposited |
4 | | in the State
Gaming Fund under this Section shall be paid, |
5 | | subject to appropriation by the
General Assembly, to the unit |
6 | | of local government which is designated as the
home dock of the |
7 | | riverboat. Beginning January 1, 1998, from the tax revenue
|
8 | | deposited in the State Gaming Fund under this Section, an |
9 | | amount equal to 5% of
adjusted gross receipts generated by a |
10 | | riverboat or land-based gambling facility shall be paid |
11 | | monthly, subject
to appropriation by the General Assembly, to |
12 | | the unit of local government that
is designated as the home |
13 | | dock of the riverboat or location of the land-based gambling |
14 | | facility . From the tax revenue
deposited in the State Gaming |
15 | | Fund pursuant to riverboat or land-based gambling operations
|
16 | | conducted by a licensed manager on behalf of the State, an |
17 | | amount equal to 5%
of adjusted gross receipts generated |
18 | | pursuant to those riverboat or land-based gambling
operations |
19 | | shall be paid monthly,
subject to appropriation by the General |
20 | | Assembly, to the unit of local
government that is designated as |
21 | | the home dock or land-based location of the gambling operation |
22 | | of the riverboat upon which
those riverboat gambling operations |
23 | | are conducted .
|
24 | | (c) Appropriations, as approved by the General Assembly, |
25 | | may be made
from the State Gaming Fund to the Board (i) for the |
26 | | administration and enforcement of this Act and the Video Gaming |
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1 | | Act, (ii) for distribution to the Department of State Police |
2 | | and to the Department of Revenue for the enforcement of this |
3 | | Act, and (iii) to the
Department of Human Services for the |
4 | | administration of programs to treat
problem gambling.
|
5 | | (c-5) Before May 26, 2006 (the effective date of Public Act |
6 | | 94-804) and beginning on the effective date of this amendatory |
7 | | Act of the 95th General Assembly, unless any organization |
8 | | licensee under the Illinois Horse Racing Act of 1975 begins to |
9 | | operate a slot machine or video game of chance under the |
10 | | Illinois Horse Racing Act of 1975 or this Act, after the |
11 | | payments required under subsections (b) and (c) have been
made, |
12 | | an amount equal to 15% of the adjusted gross receipts of (1) an |
13 | | owners
licensee that relocates pursuant to Section 11.2,
(2) an |
14 | | owners licensee
conducting riverboat gambling operations
|
15 | | pursuant to an
owners license that is initially issued after |
16 | | June
25, 1999,
or (3) the first
riverboat gambling operations |
17 | | conducted by a licensed manager on behalf of the
State under |
18 | | Section 7.3,
whichever comes first, shall be paid from the |
19 | | State
Gaming Fund into the Horse Racing Equity Fund.
|
20 | | (c-10) Each year the General Assembly shall appropriate |
21 | | from the General
Revenue Fund to the Education Assistance Fund |
22 | | an amount equal to the amount
paid into the Horse Racing Equity |
23 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
|
24 | | (c-15) After the payments required under subsections (b), |
25 | | (c), and (c-5)
have been made, an amount equal to 2% of the |
26 | | adjusted gross receipts of (1)
an owners licensee that |
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1 | | relocates pursuant to Section 11.2, (2) an owners
licensee |
2 | | conducting riverboat gambling operations pursuant to
an
owners |
3 | | license that is initially issued after June 25, 1999,
or (3) |
4 | | the first
riverboat gambling operations conducted by a licensed |
5 | | manager on behalf of the
State under Section 7.3,
whichever |
6 | | comes first, shall be paid, subject to appropriation
from the |
7 | | General Assembly, from the State Gaming Fund to each home rule
|
8 | | county with a population of over 3,000,000 inhabitants for the |
9 | | purpose of
enhancing the county's criminal justice system.
|
10 | | (c-20) Each year the General Assembly shall appropriate |
11 | | from the General
Revenue Fund to the Education Assistance Fund |
12 | | an amount equal to the amount
paid to each home rule county |
13 | | with a population of over 3,000,000 inhabitants
pursuant to |
14 | | subsection (c-15) in the prior calendar year.
|
15 | | (c-25) On July 1, 2013 and each July 1 thereafter, |
16 | | $1,600,000 shall be transferred from the State Gaming Fund to |
17 | | the Chicago State University Education Improvement Fund.
|
18 | | (c-30) On July 1, 2013 or as soon as possible thereafter, |
19 | | $92,000,000 shall be transferred from the State Gaming Fund to |
20 | | the School Infrastructure Fund and $23,000,000 shall be |
21 | | transferred from the State Gaming Fund to the Horse Racing |
22 | | Equity Fund. |
23 | | (c-35) Beginning on July 1, 2013, in addition to any amount |
24 | | transferred under subsection (c-30) of this Section, |
25 | | $5,530,000 shall be transferred monthly from the State Gaming |
26 | | Fund to the School Infrastructure Fund. |
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1 | | (d) From time to time, the
Board shall transfer the |
2 | | remainder of the funds
generated by this Act into the Education
|
3 | | Assistance Fund, created by Public Act 86-0018, of the State of |
4 | | Illinois.
|
5 | | (e) Nothing in this Act shall prohibit the unit of local |
6 | | government
designated as the home dock of the riverboat or home |
7 | | location of the land-based gambling facility from entering into |
8 | | agreements
with other units of local government in this State |
9 | | or in other states to
share its portion of the tax revenue.
|
10 | | (f) To the extent practicable, the Board shall administer |
11 | | and collect the
wagering taxes imposed by this Section in a |
12 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
13 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the |
14 | | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
15 | | Penalty and Interest Act.
|
16 | | (Source: P.A. 98-18, eff. 6-7-13.)
|
17 | | (230 ILCS 10/18) (from Ch. 120, par. 2418)
|
18 | | Sec. 18. Prohibited Activities - Penalty.
|
19 | | (a) A person is guilty of a Class A misdemeanor for doing |
20 | | any of the
following:
|
21 | | (1) Conducting gambling where wagering
is used or to be |
22 | | used
without a license issued by the Board.
|
23 | | (2) Conducting gambling where wagering
is permitted |
24 | | other
than in the manner specified by Section 11.
|
25 | | (b) A person is guilty of a Class B misdemeanor for doing |
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1 | | any of the
following:
|
2 | | (1) permitting a person under 21 years to make a wager; |
3 | | or
|
4 | | (2) violating paragraph (12) of subsection (a) of |
5 | | Section 11 of this Act.
|
6 | | (c) A person wagering or accepting a wager at any location |
7 | | outside the
riverboat or land-based gambling facility is |
8 | | subject to the penalties in paragraphs (1) or (2) of
subsection |
9 | | (a) of Section 28-1 of the Criminal Code of 2012.
|
10 | | (d) A person commits a Class 4 felony and, in addition, |
11 | | shall be barred
for life from riverboats and land-based |
12 | | gambling facilities under the jurisdiction of the
Board, if the |
13 | | person does any of the following:
|
14 | | (1) Offers, promises, or gives anything of value or |
15 | | benefit to a person
who is connected with a riverboat or |
16 | | land-based gambling facility owner including, but
not |
17 | | limited to, an officer or employee of a licensed owner or |
18 | | holder of an
occupational license pursuant to an agreement |
19 | | or arrangement or with the
intent that the promise or thing |
20 | | of value or benefit will influence the
actions of the |
21 | | person to whom the offer, promise, or gift was made in |
22 | | order
to affect or attempt to affect the outcome of a |
23 | | gambling game, or to
influence official action of a member |
24 | | of the Board.
|
25 | | (2) Solicits or knowingly accepts or receives a promise |
26 | | of anything of
value or benefit while the person is |
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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 |
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1 | | game which is subject of the bet or to aid a
person in |
2 | | acquiring the knowledge for the purpose of placing a bet
|
3 | | contingent on that outcome.
|
4 | | (8) Claims, collects, or takes, or attempts to claim, |
5 | | collect, or take,
money or anything of value in or from the |
6 | | gambling games, with intent to
defraud, without having made |
7 | | a wager contingent on winning a gambling game,
or claims, |
8 | | collects, or takes an amount of money or thing of value of
|
9 | | greater value than the amount won.
|
10 | | (9) Uses counterfeit chips or tokens in a gambling |
11 | | game.
|
12 | | (10) Possesses any key or device designed for the |
13 | | purpose of opening,
entering, or affecting the operation of |
14 | | a gambling game, drop box, or an
electronic or mechanical |
15 | | device connected with the gambling game or for
removing |
16 | | coins, tokens, chips or other contents of a gambling game. |
17 | | This
paragraph (10) does not apply to a gambling licensee |
18 | | or employee of a
gambling licensee acting in furtherance of |
19 | | the employee's employment.
|
20 | | (e) The possession of more than one of the devices |
21 | | described in
subsection (d), paragraphs (3), (5), or (10) |
22 | | permits a rebuttable
presumption that the possessor intended to |
23 | | use the devices for cheating.
|
24 | | (f) A person under the age of 21 who, except as authorized |
25 | | under paragraph (10) of Section 11, enters upon a riverboat or |
26 | | land-based gambling facility commits a petty offense and is |
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1 | | subject to a fine of not less than $100 or more than $250 for a |
2 | | first offense and of not less than $200 or more than $500 for a |
3 | | second or subsequent offense. |
4 | | An action to prosecute any crime occurring on a riverboat |
5 | | or in a land-based gambling facility
shall be tried in the |
6 | | county of the dock at which the riverboat is based or in the |
7 | | county where the land-based gambling facility is located .
|
8 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
|
9 | | (230 ILCS 10/19) (from Ch. 120, par. 2419)
|
10 | | Sec. 19. Forfeiture of property. |
11 | | (a) Except as provided in
subsection (b), any riverboat or |
12 | | land-based gambling facility
used for the conduct of gambling |
13 | | games in violation of this Act shall be
considered a gambling |
14 | | place in violation of Section 28-3 of the Criminal
Code of |
15 | | 2012. Every gambling device found on
a riverboat or in a |
16 | | land-based gambling facility operating gambling games in |
17 | | violation of this
Act shall be subject to seizure, confiscation |
18 | | and destruction as provided
in Section 28-5 of the Criminal |
19 | | Code of 2012.
|
20 | | (b) It is not a violation of this Act for a riverboat or |
21 | | other
watercraft which is licensed for gaming by a contiguous |
22 | | state to dock on
the shores of this State if the municipality |
23 | | having jurisdiction of the
shores, or the county in the case of |
24 | | unincorporated areas, has granted
permission for docking and no |
25 | | gaming is conducted on the riverboat or other
watercraft while |
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1 | | it is docked on the shores of this State.
No gambling device |
2 | | shall be subject to seizure, confiscation or
destruction if the |
3 | | gambling device is located on a riverboat or other
watercraft |
4 | | which is licensed for gaming by a contiguous state and which is
|
5 | | docked on the shores of this State if the municipality having |
6 | | jurisdiction
of the shores, or the county in the case of |
7 | | unincorporated areas, has
granted permission for docking and no
|
8 | | gaming is conducted on the riverboat or other watercraft while |
9 | | it is docked on
the shores of this State.
|
10 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
11 | | (230 ILCS 10/20) (from Ch. 120, par. 2420)
|
12 | | Sec. 20. Prohibited activities - civil penalties. Any |
13 | | person who
conducts a gambling operation without first |
14 | | obtaining a
license to do so, or who continues to conduct such |
15 | | games after revocation
of his license, or any licensee who |
16 | | conducts or allows to be
conducted any unauthorized gambling |
17 | | games on a riverboat or in a land-based gambling facility where |
18 | | it is
authorized to conduct its riverboat or land-based |
19 | | gambling operation, in addition to
other penalties provided, |
20 | | shall be subject to a civil penalty equal to the
amount of |
21 | | gross receipts derived from wagering on the gambling games,
|
22 | | whether unauthorized or authorized, conducted on that day as |
23 | | well as
confiscation and forfeiture of all gambling game |
24 | | equipment used in the
conduct of unauthorized gambling games.
|
25 | | (Source: P.A. 86-1029.)
|
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1 | | (230 ILCS 10/24)
|
2 | | Sec. 24. Applicability of this Illinois Riverboat Gambling |
3 | | Act. The provisions of this the Illinois Riverboat Gambling |
4 | | Act, and all rules promulgated thereunder, shall apply to the |
5 | | Video Gaming Act, except where there is a conflict between the |
6 | | 2 Acts.
|
7 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
8 | | Section 40. The Video Gaming
Act is amended by changing |
9 | | Sections 5, 25, 45, 79, and 80 as follows:
|
10 | | (230 ILCS 40/5)
|
11 | | Sec. 5. Definitions. As used in this Act:
|
12 | | "Board" means the Illinois Gaming Board.
|
13 | | "Credit" means one, 5, 10, or 25 cents either won or |
14 | | purchased by a player.
|
15 | | "Distributor" means an individual, partnership, |
16 | | corporation, or limited liability company licensed under
this |
17 | | Act to buy, sell, lease, or distribute video gaming terminals |
18 | | or major
components or parts of video gaming terminals to or |
19 | | from terminal
operators.
|
20 | | "Electronic card" means a card purchased from a licensed |
21 | | establishment, licensed fraternal establishment, licensed |
22 | | veterans establishment, or licensed truck stop establishment |
23 | | for use in that establishment as a substitute for cash in the |
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1 | | conduct of gaming on a video gaming terminal. |
2 | | "Electronic voucher" means a voucher printed by an |
3 | | electronic video game machine that is redeemable in the |
4 | | licensed establishment for which it was issued. |
5 | | "Terminal operator" means an individual, partnership, |
6 | | corporation, or limited liability company that is
licensed |
7 | | under this Act and that owns, services, and maintains video
|
8 | | gaming terminals for placement in licensed establishments, |
9 | | licensed truck stop establishments, licensed fraternal
|
10 | | establishments, or licensed veterans establishments.
|
11 | | "Licensed technician" means an individual
who
is licensed |
12 | | under this Act to repair,
service, and maintain
video gaming |
13 | | terminals.
|
14 | | "Licensed terminal handler" means a person, including but |
15 | | not limited to an employee or independent contractor working |
16 | | for a manufacturer, distributor, supplier, technician, or |
17 | | terminal operator, who is licensed under this Act to possess or |
18 | | control a video gaming terminal or to have access to the inner |
19 | | workings of a video gaming terminal. A licensed terminal |
20 | | handler does not include an individual, partnership, |
21 | | corporation, or limited liability company defined as a |
22 | | manufacturer, distributor, supplier, technician, or terminal |
23 | | operator under this Act. |
24 | | "Manufacturer" means an individual, partnership, |
25 | | corporation, or limited liability company that is
licensed |
26 | | under this Act and that manufactures or assembles video gaming
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1 | | terminals.
|
2 | | "Supplier" means an individual, partnership, corporation, |
3 | | or limited liability company that is
licensed under this Act to |
4 | | supply major components or parts to video gaming
terminals to |
5 | | licensed
terminal operators.
|
6 | | "Net terminal income" means money put into a video gaming |
7 | | terminal minus
credits paid out to players.
|
8 | | "Video gaming terminal" means any electronic video game |
9 | | machine
that, upon insertion of cash, electronic cards or |
10 | | vouchers, or any combination thereof, is available to play or |
11 | | simulate the play of
a video game, including but not limited to |
12 | | video poker, line up, and blackjack, as
authorized by the Board |
13 | | utilizing a video display and microprocessors in
which the |
14 | | player may receive free games or credits that can be
redeemed |
15 | | for cash. The term does not include a machine that directly
|
16 | | dispenses coins, cash, or tokens or is for amusement purposes |
17 | | only.
|
18 | | "Licensed establishment" means any licensed retail |
19 | | establishment where
alcoholic liquor is drawn, poured, mixed, |
20 | | or otherwise served for consumption
on the premises, whether |
21 | | the establishment operates on a nonprofit or for-profit basis. |
22 | | "Licensed establishment" includes any such establishment that |
23 | | has a contractual relationship with an inter-track wagering |
24 | | location licensee licensed under the Illinois Horse Racing Act |
25 | | of 1975, provided any contractual relationship shall not |
26 | | include any transfer or offer of revenue from the operation of |
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1 | | video gaming under this Act to any licensee licensed under the |
2 | | Illinois Horse Racing Act of 1975. Provided, however, that the |
3 | | licensed establishment that has such a contractual |
4 | | relationship with an inter-track wagering location licensee |
5 | | may not, itself, be (i) an inter-track wagering location |
6 | | licensee, (ii) the corporate parent or subsidiary of any |
7 | | licensee licensed under the Illinois Horse Racing Act of 1975, |
8 | | or (iii) the corporate subsidiary of a corporation that is also |
9 | | the corporate parent or subsidiary of any licensee licensed |
10 | | under the Illinois Horse Racing Act of 1975. "Licensed |
11 | | establishment" does not include a facility operated by an |
12 | | organization licensee, an inter-track wagering licensee, or an |
13 | | inter-track wagering location licensee licensed under the |
14 | | Illinois Horse Racing Act of 1975 or a gambling operation |
15 | | riverboat licensed under the Riverboat and Land-based Gambling |
16 | | Act, except as provided in this paragraph. The changes made to |
17 | | this definition by Public Act 98-587 are declarative of |
18 | | existing law.
|
19 | | "Licensed fraternal establishment" means the location |
20 | | where a qualified
fraternal organization that derives its |
21 | | charter from a national fraternal
organization regularly |
22 | | meets.
|
23 | | "Licensed veterans establishment" means the location where |
24 | | a qualified
veterans organization that derives its charter from |
25 | | a national veterans
organization regularly meets.
|
26 | | "Licensed truck stop establishment" means a facility (i) |
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1 | | that is at least a
3-acre facility with a convenience store, |
2 | | (ii) with separate diesel
islands for fueling commercial motor |
3 | | vehicles, (iii) that sells at retail more than 10,000 gallons |
4 | | of diesel or biodiesel fuel per month, and (iv) with parking |
5 | | spaces for commercial
motor vehicles. "Commercial motor |
6 | | vehicles" has the same meaning as defined in Section 18b-101 of |
7 | | the Illinois Vehicle Code. The requirement of item (iii) of |
8 | | this paragraph may be met by showing that estimated future |
9 | | sales or past sales average at least 10,000 gallons per month.
|
10 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; |
11 | | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. |
12 | | 7-16-14.)
|
13 | | (230 ILCS 40/25)
|
14 | | Sec. 25. Restriction of licensees.
|
15 | | (a) Manufacturer. A person may not be licensed as a |
16 | | manufacturer of a
video gaming terminal in Illinois unless the |
17 | | person has a valid
manufacturer's license issued
under this |
18 | | Act. A manufacturer may only sell video gaming terminals for |
19 | | use
in Illinois to
persons having a valid distributor's |
20 | | license.
|
21 | | (b) Distributor. A person may not sell, distribute, or |
22 | | lease
or market a video gaming terminal in Illinois unless the |
23 | | person has a valid
distributor's
license issued under this Act. |
24 | | A distributor may only sell video gaming
terminals for use in
|
25 | | Illinois to persons having a valid distributor's or terminal |
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1 | | operator's
license.
|
2 | | (c) Terminal operator. A person may not own, maintain, or |
3 | | place a video gaming terminal unless he has a valid terminal |
4 | | operator's
license issued
under this Act. A terminal operator |
5 | | may only place video gaming terminals for
use in
Illinois in |
6 | | licensed establishments, licensed truck stop establishments, |
7 | | licensed fraternal establishments,
and
licensed veterans |
8 | | establishments.
No terminal operator may give anything of |
9 | | value, including but not limited to
a loan or financing |
10 | | arrangement, to a licensed establishment, licensed truck stop |
11 | | establishment,
licensed fraternal establishment, or licensed |
12 | | veterans establishment as
any incentive or inducement to locate |
13 | | video terminals in that establishment.
Of the after-tax profits
|
14 | | from a video gaming terminal, 50% shall be paid to the terminal
|
15 | | operator and 50% shall be paid to the licensed establishment, |
16 | | licensed truck stop establishment,
licensed fraternal |
17 | | establishment, or
licensed veterans establishment, |
18 | | notwithstanding any agreement to the contrary.
A video terminal |
19 | | operator that violates one or more requirements of this |
20 | | subsection is guilty of a Class 4 felony and is subject to |
21 | | termination of his or her license by the Board.
|
22 | | (d) Licensed technician. A person may not service, |
23 | | maintain, or repair a
video gaming terminal
in this State |
24 | | unless he or she (1) has a valid technician's license issued
|
25 | | under this Act, (2) is a terminal operator, or (3) is employed |
26 | | by a terminal
operator, distributor, or manufacturer.
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1 | | (d-5) Licensed terminal handler. No person, including, but |
2 | | not limited to, an employee or independent contractor working |
3 | | for a manufacturer, distributor, supplier, technician, or |
4 | | terminal operator licensed pursuant to this Act, shall have |
5 | | possession or control of a video gaming terminal, or access to |
6 | | the inner workings of a video gaming terminal, unless that |
7 | | person possesses a valid terminal handler's license issued |
8 | | under this Act. |
9 | | (e) Licensed establishment. No video gaming terminal may be |
10 | | placed in any licensed establishment, licensed veterans |
11 | | establishment, licensed truck stop establishment,
or licensed |
12 | | fraternal establishment
unless the owner
or agent of the owner |
13 | | of the licensed establishment, licensed veterans |
14 | | establishment, licensed truck stop establishment, or licensed
|
15 | | fraternal establishment has entered into a
written use |
16 | | agreement with the terminal operator for placement of the
|
17 | | terminals. A copy of the use agreement shall be on file in the |
18 | | terminal
operator's place of business and available for |
19 | | inspection by individuals
authorized by the Board. A licensed |
20 | | establishment, licensed truck stop establishment, licensed |
21 | | veterans establishment,
or
licensed
fraternal
establishment |
22 | | may operate up to 5 video gaming terminals on its premises at |
23 | | any
time.
|
24 | | (f) (Blank).
|
25 | | (g) Financial interest restrictions.
As used in this Act, |
26 | | "substantial interest" in a partnership, a corporation, an
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1 | | organization, an association, a business, or a limited |
2 | | liability company means:
|
3 | | (A) When, with respect to a sole proprietorship, an |
4 | | individual or
his or her spouse owns, operates, manages, or |
5 | | conducts, directly
or indirectly, the organization, |
6 | | association, or business, or any part thereof;
or
|
7 | | (B) When, with respect to a partnership, the individual |
8 | | or his or
her spouse shares in any of the profits, or |
9 | | potential profits,
of the partnership activities; or
|
10 | | (C) When, with respect to a corporation, an individual |
11 | | or his or her
spouse is an officer or director, or the |
12 | | individual or his or her spouse is a holder, directly or |
13 | | beneficially, of 5% or more of any class
of stock of the |
14 | | corporation; or
|
15 | | (D) When, with respect to an organization not covered |
16 | | in (A), (B) or
(C) above, an individual or his or her |
17 | | spouse is an officer or manages the
business affairs, or |
18 | | the individual or his or her spouse is the
owner of or |
19 | | otherwise controls 10% or more of the assets of the |
20 | | organization;
or
|
21 | | (E) When an individual or his or her spouse furnishes
|
22 | | 5% or more of the capital, whether in cash, goods, or |
23 | | services, for the
operation of any business, association, |
24 | | or organization during any calendar
year; or |
25 | | (F) When, with respect to a limited liability company, |
26 | | an individual or his or her
spouse is a member, or the |
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1 | | individual or his or her spouse is a holder, directly or |
2 | | beneficially, of 5% or more of the membership interest of |
3 | | the limited liability company.
|
4 | | For purposes of this subsection (g), "individual" includes |
5 | | all individuals or their spouses whose combined interest would |
6 | | qualify as a substantial interest under this subsection (g) and |
7 | | whose activities with respect to an organization, association, |
8 | | or business are so closely aligned or coordinated as to |
9 | | constitute the activities of a single entity. |
10 | | (h) Location restriction. A licensed establishment, |
11 | | licensed truck stop establishment, licensed
fraternal
|
12 | | establishment, or licensed veterans establishment that is (i) |
13 | | located within 1,000
feet of a facility operated by an |
14 | | organization licensee licensed under the Illinois Horse Racing |
15 | | Act of 1975 or the home dock of a riverboat or location of a |
16 | | land-based gambling facility licensed under the Riverboat and |
17 | | Land-based
Gambling Act or (ii) located within 100 feet of a |
18 | | school or a place of worship under the Religious Corporation |
19 | | Act, is ineligible to operate a video gaming terminal. The |
20 | | location restrictions in this subsection (h) do not apply if |
21 | | (A) a facility operated by an organization licensee, a school, |
22 | | or a place of worship moves to or is established within the |
23 | | restricted area after a licensed establishment, licensed truck |
24 | | stop establishment, licensed fraternal establishment, or |
25 | | licensed veterans establishment becomes licensed under this |
26 | | Act or (B) a school or place of worship moves to or is |
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1 | | established within the restricted area after a licensed |
2 | | establishment, licensed truck stop establishment, licensed |
3 | | fraternal establishment, or licensed veterans establishment |
4 | | obtains its original liquor license. For the purpose of this |
5 | | subsection, "school" means an elementary or secondary public |
6 | | school, or an elementary or secondary private school registered |
7 | | with or recognized by the State Board of Education. |
8 | | Notwithstanding the provisions of this subsection (h), the |
9 | | Board may waive the requirement that a licensed establishment, |
10 | | licensed truck stop establishment, licensed fraternal |
11 | | establishment, or licensed veterans establishment not be |
12 | | located within 1,000 feet from a facility operated by an |
13 | | organization licensee licensed under the Illinois Horse Racing |
14 | | Act of 1975 or the home dock of a riverboat or location of a |
15 | | land-based gambling facility licensed under the Riverboat and |
16 | | Land-based Gambling Act. The Board shall not grant such waiver |
17 | | if there is any common ownership or control, shared business |
18 | | activity, or contractual arrangement of any type between the |
19 | | establishment and the organization licensee or owners licensee |
20 | | of a riverboat or land-based gambling facility . The Board shall |
21 | | adopt rules to implement the provisions of this paragraph. |
22 | | (i) Undue economic concentration. In addition to |
23 | | considering all other requirements under this Act, in deciding |
24 | | whether to approve the operation of video gaming terminals by a |
25 | | terminal operator in a location, the Board shall consider the |
26 | | impact of any economic concentration of such operation of video |
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1 | | gaming terminals. The Board shall not allow a terminal operator |
2 | | to operate video gaming terminals if the Board determines such |
3 | | operation will result in undue economic concentration. For |
4 | | purposes of this Section, "undue economic concentration" means |
5 | | that a terminal operator would have such actual or potential |
6 | | influence over video gaming terminals in Illinois as to: |
7 | | (1) substantially impede or suppress competition among |
8 | | terminal operators; |
9 | | (2) adversely impact the economic stability of the |
10 | | video gaming industry in Illinois; or |
11 | | (3) negatively impact the purposes of the Video Gaming |
12 | | Act. |
13 | | The Board shall adopt rules concerning undue economic |
14 | | concentration with respect to the operation of video gaming |
15 | | terminals in Illinois. The rules shall include, but not be |
16 | | limited to, (i) limitations on the number of video gaming |
17 | | terminals operated by any terminal operator within a defined |
18 | | geographic radius and (ii) guidelines on the discontinuation of |
19 | | operation of any such video gaming terminals the Board |
20 | | determines will cause undue economic concentration.
|
21 | | (j) The provisions of the Illinois Antitrust Act are fully |
22 | | and equally applicable to the activities of any licensee under |
23 | | this Act.
|
24 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, |
25 | | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
|
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1 | | (230 ILCS 40/45)
|
2 | | Sec. 45. Issuance of license.
|
3 | | (a) The burden is upon each applicant to
demonstrate his |
4 | | suitability for licensure. Each video gaming terminal
|
5 | | manufacturer, distributor, supplier, operator, handler, |
6 | | licensed establishment, licensed truck stop establishment, |
7 | | licensed
fraternal
establishment, and licensed veterans |
8 | | establishment shall be
licensed by the Board.
The Board may |
9 | | issue or deny a license under this Act to any person pursuant |
10 | | to the same criteria set forth in Section 9 of the Riverboat |
11 | | and Land-based Gambling Act.
|
12 | | (a-5) The Board shall not grant a license to a person who |
13 | | has facilitated, enabled, or participated in the use of |
14 | | coin-operated devices for gambling purposes or who is under the |
15 | | significant influence or control of such a person. For the |
16 | | purposes of this Act, "facilitated, enabled, or participated in |
17 | | the use of coin-operated amusement devices for gambling |
18 | | purposes" means that the person has been convicted of any |
19 | | violation of Article 28 of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012. If there is pending legal action against |
21 | | a person for any such violation, then the Board shall delay the |
22 | | licensure of that person until the legal action is resolved. |
23 | | (b) Each person seeking and possessing a license as a video |
24 | | gaming terminal manufacturer, distributor, supplier, operator, |
25 | | handler, licensed establishment, licensed truck stop |
26 | | establishment, licensed fraternal establishment, or licensed |
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1 | | veterans establishment shall submit to a background |
2 | | investigation conducted by the Board with the assistance of the |
3 | | State Police or other law enforcement. To the extent that the |
4 | | corporate structure of the applicant allows, the background |
5 | | investigation shall include any or all of the following as the |
6 | | Board deems appropriate or as provided by rule for each |
7 | | category of licensure: (i) each beneficiary of a trust, (ii) |
8 | | each partner of a partnership, (iii) each member of a limited |
9 | | liability company, (iv) each director and officer of a publicly |
10 | | or non-publicly held corporation, (v) each stockholder of a |
11 | | non-publicly held corporation, (vi) each stockholder of 5% or |
12 | | more of a publicly held corporation, or (vii) each stockholder |
13 | | of 5% or more in a parent or subsidiary corporation. |
14 | | (c) Each person seeking and possessing a license as a video |
15 | | gaming terminal manufacturer, distributor, supplier, operator, |
16 | | handler, licensed establishment, licensed truck stop |
17 | | establishment, licensed fraternal establishment, or licensed |
18 | | veterans establishment shall disclose the identity of every |
19 | | person, association, trust, corporation, or limited liability |
20 | | company having a greater than 1% direct or indirect pecuniary |
21 | | interest in the video gaming terminal operation for which the |
22 | | license is sought. If the disclosed entity is a trust, the |
23 | | application shall disclose the names and addresses of the |
24 | | beneficiaries; if a corporation, the names and addresses of all |
25 | | stockholders and directors; if a limited liability company, the |
26 | | names and addresses of all members; or if a partnership, the |
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1 | | names and addresses of all partners, both general and limited. |
2 | | (d) No person may be licensed as a video gaming terminal |
3 | | manufacturer, distributor, supplier, operator, handler, |
4 | | licensed establishment, licensed truck stop establishment, |
5 | | licensed fraternal establishment, or licensed veterans |
6 | | establishment if that person has been found by the Board to: |
7 | | (1) have a background, including a criminal record, |
8 | | reputation, habits, social or business associations, or |
9 | | prior activities that pose a threat to the public interests |
10 | | of the State or to the security and integrity of video |
11 | | gaming; |
12 | | (2) create or enhance the dangers of unsuitable, |
13 | | unfair, or illegal practices, methods, and activities in |
14 | | the conduct of video gaming; or |
15 | | (3) present questionable business practices and |
16 | | financial arrangements incidental to the conduct of video |
17 | | gaming activities. |
18 | | (e) Any applicant for any license under this Act has the |
19 | | burden of proving his or her qualifications to the satisfaction |
20 | | of the Board. The Board may adopt rules to establish additional |
21 | | qualifications and requirements to preserve the integrity and |
22 | | security of video gaming in this State. |
23 | | (f) A non-refundable application fee shall be paid at the |
24 | | time an
application for a license is filed with the Board in |
25 | | the following amounts:
|
26 | | (1) Manufacturer ..........................$5,000
|
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1 | | (2) Distributor ...........................$5,000
|
2 | | (3) Terminal operator .....................$5,000
|
3 | | (4) Supplier ..............................$2,500
|
4 | | (5) Technician ..............................$100
|
5 | | (6) Terminal Handler ..............................$50 |
6 | | (g) The Board shall establish an
annual fee for each |
7 | | license not to exceed the following: |
8 | | (1) Manufacturer .........................$10,000
|
9 | | (2) Distributor ..........................$10,000
|
10 | | (3) Terminal operator .....................$5,000
|
11 | | (4) Supplier ..............................$2,000
|
12 | | (5) Technician ..............................$100
|
13 | | (6) Licensed establishment, licensed truck stop
|
14 | | establishment, licensed fraternal establishment,
|
15 | | or licensed veterans establishment ..............$100
|
16 | | (7) Video gaming terminal ...................$100
|
17 | | (8) Terminal Handler ..............................$50
|
18 | | (h) A terminal operator and a licensed establishment, |
19 | | licensed truck stop establishment, licensed fraternal |
20 | | establishment,
or licensed veterans establishment shall |
21 | | equally split the fees specified in item (7) of subsection (g). |
22 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; |
23 | | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
|
24 | | (230 ILCS 40/79) |
25 | | Sec. 79. Investigators. Investigators appointed by the |
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1 | | Board pursuant to the powers conferred upon the Board by |
2 | | paragraph (20.6) of subsection (c) of Section 5 of the |
3 | | Riverboat and Land-based Gambling Act and Section 80 of this |
4 | | Act shall have authority to conduct investigations, searches, |
5 | | seizures, arrests, and other duties imposed under this Act and |
6 | | the Riverboat and Land-based Gambling Act, as deemed necessary |
7 | | by the Board. These investigators have and may exercise all of |
8 | | the rights and powers of peace officers, provided that these |
9 | | powers shall be (1) limited to offenses or violations occurring |
10 | | or committed in connection with conduct subject to this Act, |
11 | | including, but not limited to, the manufacture, distribution, |
12 | | supply, operation, placement, service, maintenance, or play of |
13 | | video gaming terminals and the distribution of profits and |
14 | | collection of revenues resulting from such play, and (2) |
15 | | exercised, to the fullest extent practicable, in cooperation |
16 | | with the local police department of the applicable municipality |
17 | | or, if these powers are exercised outside the boundaries of an |
18 | | incorporated municipality or within a municipality that does |
19 | | not have its own police department, in cooperation with the |
20 | | police department whose jurisdiction encompasses the |
21 | | applicable locality.
|
22 | | (Source: P.A. 97-809, eff. 7-13-12.)
|
23 | | (230 ILCS 40/80)
|
24 | | Sec. 80. Applicability of Illinois Riverboat and |
25 | | Land-based Gambling Act. The provisions of the Illinois |
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1 | | Riverboat and Land-based Gambling Act, and all rules |
2 | | promulgated thereunder, shall apply to the Video Gaming Act, |
3 | | except where there is a conflict between the 2 Acts. All |
4 | | provisions of the Uniform Penalty and Interest Act shall apply, |
5 | | as far as practicable, to the subject matter of this Act to the |
6 | | same extent as if such provisions were included herein.
|
7 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
8 | | Section 45. The Liquor Control Act of 1934 is amended by |
9 | | changing Sections 5-1 and 6-30 as follows: |
10 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
11 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
12 | | Commission
shall be of the following classes: |
13 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
14 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
15 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
16 | | First Class Winemaker, Class 7. Second Class Winemaker, Class |
17 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
18 | | 10. Craft Brewer, |
19 | | (b) Distributor's license, |
20 | | (c) Importing Distributor's license, |
21 | | (d) Retailer's license, |
22 | | (e) Special Event Retailer's license (not-for-profit), |
23 | | (f) Railroad license, |
24 | | (g) Boat license, |
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1 | | (h) Non-Beverage User's license, |
2 | | (i) Wine-maker's premises license, |
3 | | (j) Airplane license, |
4 | | (k) Foreign importer's license, |
5 | | (l) Broker's license, |
6 | | (m) Non-resident dealer's
license, |
7 | | (n) Brew Pub license, |
8 | | (o) Auction liquor license, |
9 | | (p) Caterer retailer license, |
10 | | (q) Special use permit license, |
11 | | (r) Winery shipper's license.
|
12 | | No
person, firm, partnership, corporation, or other legal |
13 | | business entity that is
engaged in the manufacturing of wine |
14 | | may concurrently obtain and hold a
wine-maker's license and a |
15 | | wine manufacturer's license. |
16 | | (a) A manufacturer's license shall allow the manufacture,
|
17 | | importation in bulk, storage, distribution and sale of |
18 | | alcoholic liquor
to persons without the State, as may be |
19 | | permitted by law and to licensees
in this State as follows: |
20 | | Class 1. A Distiller may make sales and deliveries of |
21 | | alcoholic liquor to
distillers, rectifiers, importing |
22 | | distributors, distributors and
non-beverage users and to no |
23 | | other licensees. |
24 | | Class 2. A Rectifier, who is not a distiller, as defined |
25 | | herein, may make
sales and deliveries of alcoholic liquor to |
26 | | rectifiers, importing distributors,
distributors, retailers |
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1 | | and non-beverage users and to no other licensees. |
2 | | Class 3. A Brewer may make sales and deliveries of beer to |
3 | | importing
distributors and distributors and may make sales as |
4 | | authorized under subsection (e) of Section 6-4 of this Act. |
5 | | Class 4. A first class wine-manufacturer may make sales and |
6 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
|
7 | | importing
distributors and distributors, and to no other |
8 | | licensees. |
9 | | Class 5. A second class Wine manufacturer may make sales |
10 | | and deliveries
of more than 50,000 gallons of wine to |
11 | | manufacturers, importing distributors
and distributors and to |
12 | | no other licensees. |
13 | | Class 6. A first-class wine-maker's license shall allow the |
14 | | manufacture
of up to 50,000 gallons of wine per year, and the
|
15 | | storage
and sale of such
wine to distributors in the State and |
16 | | to persons without the
State, as may be permitted by law. A |
17 | | person who, prior to the effective date of this amendatory Act |
18 | | of the 95th General Assembly, is a holder of a first-class |
19 | | wine-maker's license and annually produces more than 25,000 |
20 | | gallons of its own wine and who distributes its wine to |
21 | | licensed retailers shall cease this practice on or before July |
22 | | 1, 2008 in compliance with this amendatory Act of the 95th |
23 | | General Assembly. |
24 | | Class 7. A second-class wine-maker's license shall allow |
25 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
26 | | per year, and
the
storage and sale of such wine
to distributors |
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1 | | in this State and to persons without the State, as may be
|
2 | | permitted by law. A person who, prior to the effective date of |
3 | | this amendatory Act of the 95th General Assembly, is a holder |
4 | | of a second-class wine-maker's license and annually produces |
5 | | more than 25,000 gallons of its own wine and who distributes |
6 | | its wine to licensed retailers shall cease this practice on or |
7 | | before July 1, 2008 in compliance with this amendatory Act of |
8 | | the 95th General Assembly. |
9 | | Class 8. A limited wine-manufacturer may make sales and |
10 | | deliveries not to
exceed 40,000 gallons of wine per year to |
11 | | distributors, and to
non-licensees in accordance with the |
12 | | provisions of this Act. |
13 | | Class 9. A craft distiller license shall allow the |
14 | | manufacture of up to 30,000 gallons of spirits by distillation |
15 | | for one year after the effective date of this amendatory Act of |
16 | | the 97th General Assembly and up to 35,000 gallons of spirits |
17 | | by distillation per year thereafter and the storage of such |
18 | | spirits. If a craft distiller licensee is not affiliated with |
19 | | any other manufacturer, then the craft distiller licensee may |
20 | | sell such spirits to distributors in this State and up to 2,500 |
21 | | gallons of such spirits to non-licensees to the extent |
22 | | permitted by any exemption approved by the Commission pursuant |
23 | | to Section 6-4 of this Act. |
24 | | Any craft distiller licensed under this Act who on the |
25 | | effective date of this amendatory Act of the 96th General |
26 | | Assembly was licensed as a distiller and manufactured no more |
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1 | | spirits than permitted by this Section shall not be required to |
2 | | pay the initial licensing fee. |
3 | | Class 10. A craft brewer's license, which may only be |
4 | | issued to a licensed brewer or licensed non-resident dealer, |
5 | | shall allow the manufacture of up to 930,000 gallons of beer |
6 | | per year. A craft brewer licensee may make sales and deliveries |
7 | | to importing distributors and distributors and to retail |
8 | | licensees in accordance with the conditions set forth in |
9 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. |
10 | | (a-1) A manufacturer which is licensed in this State to |
11 | | make sales or
deliveries of alcoholic liquor to licensed |
12 | | distributors or importing distributors and which enlists |
13 | | agents, representatives, or
individuals acting on its behalf |
14 | | who contact licensed retailers on a regular
and continual basis |
15 | | in this State must register those agents, representatives,
or |
16 | | persons acting on its behalf with the State Commission. |
17 | | Registration of agents, representatives, or persons acting |
18 | | on behalf of a
manufacturer is fulfilled by submitting a form |
19 | | to the Commission. The form
shall be developed by the |
20 | | Commission and shall include the name and address of
the |
21 | | applicant, the name and address of the manufacturer he or she |
22 | | represents,
the territory or areas assigned to sell to or |
23 | | discuss pricing terms of
alcoholic liquor, and any other |
24 | | questions deemed appropriate and necessary.
All statements in |
25 | | the forms required to be made by law or by rule shall be
deemed |
26 | | material, and any person who knowingly misstates any material |
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1 | | fact under
oath in an application is guilty of a Class B |
2 | | misdemeanor. Fraud,
misrepresentation, false statements, |
3 | | misleading statements, evasions, or
suppression of material |
4 | | facts in the securing of a registration are grounds for
|
5 | | suspension or revocation of the registration. The State |
6 | | Commission shall post a list of registered agents on the |
7 | | Commission's website. |
8 | | (b) A distributor's license shall allow the wholesale |
9 | | purchase and storage
of alcoholic liquors and sale of alcoholic |
10 | | liquors to licensees
in this State and to persons without the |
11 | | State, as may be permitted by law. |
12 | | (c) An importing distributor's license may be issued to and |
13 | | held by
those only who are duly licensed distributors, upon the |
14 | | filing of an
application by a duly licensed distributor, with |
15 | | the Commission and
the Commission shall, without the
payment of |
16 | | any fee, immediately issue such importing distributor's
|
17 | | license to the applicant, which shall allow the importation of |
18 | | alcoholic
liquor by the licensee into this State from any point |
19 | | in the United
States outside this State, and the purchase of |
20 | | alcoholic liquor in
barrels, casks or other bulk containers and |
21 | | the bottling of such
alcoholic liquors before resale thereof, |
22 | | but all bottles or containers
so filled shall be sealed, |
23 | | labeled, stamped and otherwise made to comply
with all |
24 | | provisions, rules and regulations governing manufacturers in
|
25 | | the preparation and bottling of alcoholic liquors. The |
26 | | importing
distributor's license shall permit such licensee to |
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1 | | purchase alcoholic
liquor from Illinois licensed non-resident |
2 | | dealers and foreign importers only. |
3 | | (d) A retailer's license shall allow the licensee to sell |
4 | | and offer
for sale at retail, only in the premises specified in |
5 | | the license,
alcoholic liquor for use or consumption, but not |
6 | | for resale in any form. Nothing in this amendatory Act of the |
7 | | 95th General Assembly shall deny, limit, remove, or restrict |
8 | | the ability of a holder of a retailer's license to transfer, |
9 | | deliver, or ship alcoholic liquor to the purchaser for use or |
10 | | consumption subject to any applicable local law or ordinance. |
11 | | Any retail license issued to a manufacturer shall only
permit |
12 | | the manufacturer to sell beer at retail on the premises |
13 | | actually
occupied by the manufacturer. For the purpose of |
14 | | further describing the type of business conducted at a retail |
15 | | licensed premises, a retailer's licensee may be designated by |
16 | | the State Commission as (i) an on premise consumption retailer, |
17 | | (ii) an off premise sale retailer, or (iii) a combined on |
18 | | premise consumption and off premise sale retailer.
|
19 | | Notwithstanding any other provision of this subsection |
20 | | (d), a retail
licensee may sell alcoholic liquors to a special |
21 | | event retailer licensee for
resale to the extent permitted |
22 | | under subsection (e). |
23 | | (e) A special event retailer's license (not-for-profit) |
24 | | shall permit the
licensee to purchase alcoholic liquors from an |
25 | | Illinois licensed distributor
(unless the licensee purchases |
26 | | less than $500 of alcoholic liquors for the
special event, in |
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1 | | which case the licensee may purchase the alcoholic liquors
from |
2 | | a licensed retailer) and shall allow the licensee to sell and |
3 | | offer for
sale, at retail, alcoholic liquors for use or |
4 | | consumption, but not for resale
in any form and only at the |
5 | | location and on the specific dates designated for
the special |
6 | | event in the license. An applicant for a special event retailer
|
7 | | license must
(i) furnish with the application: (A) a resale |
8 | | number issued under Section
2c of the Retailers' Occupation Tax |
9 | | Act or evidence that the applicant is
registered under Section |
10 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
11 | | exemption identification
number issued under Section 1g of the |
12 | | Retailers' Occupation Tax Act, and a
certification to the |
13 | | Commission that the purchase of alcoholic liquors will be
a |
14 | | tax-exempt purchase, or (C) a statement that the applicant is |
15 | | not registered
under Section 2a of the Retailers' Occupation |
16 | | Tax Act, does not hold a resale
number under Section 2c of the |
17 | | Retailers' Occupation Tax Act, and does not
hold an exemption |
18 | | number under Section 1g of the Retailers' Occupation Tax
Act, |
19 | | in which event the Commission shall set forth on the special |
20 | | event
retailer's license a statement to that effect; (ii) |
21 | | submit with the application proof satisfactory to
the State |
22 | | Commission that the applicant will provide dram shop liability
|
23 | | insurance in the maximum limits; and (iii) show proof |
24 | | satisfactory to the
State Commission that the applicant has |
25 | | obtained local authority
approval. |
26 | | (f) A railroad license shall permit the licensee to import |
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1 | | alcoholic
liquors into this State from any point in the United |
2 | | States outside this
State and to store such alcoholic liquors |
3 | | in this State; to make wholesale
purchases of alcoholic liquors |
4 | | directly from manufacturers, foreign
importers, distributors |
5 | | and importing distributors from within or outside
this State; |
6 | | and to store such alcoholic liquors in this State; provided
|
7 | | that the above powers may be exercised only in connection with |
8 | | the
importation, purchase or storage of alcoholic liquors to be |
9 | | sold or
dispensed on a club, buffet, lounge or dining car |
10 | | operated on an electric,
gas or steam railway in this State; |
11 | | and provided further, that railroad
licensees exercising the |
12 | | above powers shall be subject to all provisions of
Article VIII |
13 | | of this Act as applied to importing distributors. A railroad
|
14 | | license shall also permit the licensee to sell or dispense |
15 | | alcoholic
liquors on any club, buffet, lounge or dining car |
16 | | operated on an electric,
gas or steam railway regularly |
17 | | operated by a common carrier in this State,
but shall not |
18 | | permit the sale for resale of any alcoholic liquors to any
|
19 | | licensee within this State. A license shall be obtained for |
20 | | each car in which
such sales are made. |
21 | | (g) A boat license shall allow the sale of alcoholic liquor |
22 | | in
individual drinks, on any passenger boat regularly operated |
23 | | as a common
carrier on navigable waters in this State or on any |
24 | | riverboat operated
under
the Riverboat and Land-based Gambling |
25 | | Act, which boat or riverboat maintains a public
dining room or |
26 | | restaurant thereon. |
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1 | | (h) A non-beverage user's license shall allow the licensee |
2 | | to
purchase alcoholic liquor from a licensed manufacturer or |
3 | | importing
distributor, without the imposition of any tax upon |
4 | | the business of such
licensed manufacturer or importing |
5 | | distributor as to such alcoholic
liquor to be used by such |
6 | | licensee solely for the non-beverage purposes
set forth in |
7 | | subsection (a) of Section 8-1 of this Act, and
such licenses |
8 | | shall be divided and classified and shall permit the
purchase, |
9 | | possession and use of limited and stated quantities of
|
10 | | alcoholic liquor as follows: |
11 | | Class 1, not to exceed ......................... 500 gallons
|
12 | | Class 2, not to exceed ....................... 1,000 gallons
|
13 | | Class 3, not to exceed ....................... 5,000 gallons
|
14 | | Class 4, not to exceed ...................... 10,000 gallons
|
15 | | Class 5, not to exceed ....................... 50,000 gallons |
16 | | (i) A wine-maker's premises license shall allow a
licensee |
17 | | that concurrently holds a first-class wine-maker's license to |
18 | | sell
and offer for sale at retail in the premises specified in |
19 | | such license
not more than 50,000 gallons of the first-class |
20 | | wine-maker's wine that is
made at the first-class wine-maker's |
21 | | licensed premises per year for use or
consumption, but not for |
22 | | resale in any form. A wine-maker's premises
license shall allow |
23 | | a licensee who concurrently holds a second-class
wine-maker's |
24 | | license to sell and offer for sale at retail in the premises
|
25 | | specified in such license up to 100,000 gallons of the
|
26 | | second-class wine-maker's wine that is made at the second-class |
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1 | | wine-maker's
licensed premises per year
for use or consumption |
2 | | but not for resale in any form. A wine-maker's premises license |
3 | | shall allow a
licensee that concurrently holds a first-class |
4 | | wine-maker's license or a second-class
wine-maker's license to |
5 | | sell
and offer for sale at retail at the premises specified in |
6 | | the wine-maker's premises license, for use or consumption but |
7 | | not for resale in any form, any beer, wine, and spirits |
8 | | purchased from a licensed distributor. Upon approval from the
|
9 | | State Commission, a wine-maker's premises license
shall allow |
10 | | the licensee to sell and offer for sale at (i) the wine-maker's
|
11 | | licensed premises and (ii) at up to 2 additional locations for |
12 | | use and
consumption and not for resale. Each location shall |
13 | | require additional
licensing per location as specified in |
14 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
|
15 | | secure liquor liability insurance coverage in an amount at
|
16 | | least equal to the maximum liability amounts set forth in
|
17 | | subsection (a) of Section 6-21 of this Act.
|
18 | | (j) An airplane license shall permit the licensee to import
|
19 | | alcoholic liquors into this State from any point in the United |
20 | | States
outside this State and to store such alcoholic liquors |
21 | | in this State; to
make wholesale purchases of alcoholic liquors |
22 | | directly from
manufacturers, foreign importers, distributors |
23 | | and importing
distributors from within or outside this State; |
24 | | and to store such
alcoholic liquors in this State; provided |
25 | | that the above powers may be
exercised only in connection with |
26 | | the importation, purchase or storage
of alcoholic liquors to be |
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1 | | sold or dispensed on an airplane; and
provided further, that |
2 | | airplane licensees exercising the above powers
shall be subject |
3 | | to all provisions of Article VIII of this Act as
applied to |
4 | | importing distributors. An airplane licensee shall also
permit |
5 | | the sale or dispensing of alcoholic liquors on any passenger
|
6 | | airplane regularly operated by a common carrier in this State, |
7 | | but shall
not permit the sale for resale of any alcoholic |
8 | | liquors to any licensee
within this State. A single airplane |
9 | | license shall be required of an
airline company if liquor |
10 | | service is provided on board aircraft in this
State. The annual |
11 | | fee for such license shall be as determined in
Section 5-3. |
12 | | (k) A foreign importer's license shall permit such licensee |
13 | | to purchase
alcoholic liquor from Illinois licensed |
14 | | non-resident dealers only, and to
import alcoholic liquor other |
15 | | than in bulk from any point outside the
United States and to |
16 | | sell such alcoholic liquor to Illinois licensed
importing |
17 | | distributors and to no one else in Illinois;
provided that (i) |
18 | | the foreign importer registers with the State Commission
every
|
19 | | brand of
alcoholic liquor that it proposes to sell to Illinois |
20 | | licensees during the
license period, (ii) the foreign importer |
21 | | complies with all of the provisions
of Section
6-9 of this Act |
22 | | with respect to registration of such Illinois licensees as may
|
23 | | be granted the
right to sell such brands at wholesale, and |
24 | | (iii) the foreign importer complies with the provisions of |
25 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
26 | | provisions apply to manufacturers. |
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1 | | (l) (i) A broker's license shall be required of all persons
|
2 | | who solicit
orders for, offer to sell or offer to supply |
3 | | alcoholic liquor to
retailers in the State of Illinois, or who |
4 | | offer to retailers to ship or
cause to be shipped or to make |
5 | | contact with distillers, rectifiers,
brewers or manufacturers |
6 | | or any other party within or without the State
of Illinois in |
7 | | order that alcoholic liquors be shipped to a distributor,
|
8 | | importing distributor or foreign importer, whether such |
9 | | solicitation or
offer is consummated within or without the |
10 | | State of Illinois. |
11 | | No holder of a retailer's license issued by the Illinois |
12 | | Liquor
Control Commission shall purchase or receive any |
13 | | alcoholic liquor, the
order for which was solicited or offered |
14 | | for sale to such retailer by a
broker unless the broker is the |
15 | | holder of a valid broker's license. |
16 | | The broker shall, upon the acceptance by a retailer of the |
17 | | broker's
solicitation of an order or offer to sell or supply or |
18 | | deliver or have
delivered alcoholic liquors, promptly forward |
19 | | to the Illinois Liquor
Control Commission a notification of |
20 | | said transaction in such form as
the Commission may by |
21 | | regulations prescribe. |
22 | | (ii) A broker's license shall be required of
a person |
23 | | within this State, other than a retail licensee,
who, for a fee |
24 | | or commission, promotes, solicits, or accepts orders for
|
25 | | alcoholic liquor, for use or consumption and not for
resale, to |
26 | | be shipped from this State and delivered to residents outside |
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1 | | of
this State by an express company, common carrier, or |
2 | | contract carrier.
This Section does not apply to any person who |
3 | | promotes, solicits, or accepts
orders for wine as specifically |
4 | | authorized in Section 6-29 of this Act. |
5 | | A broker's license under this subsection (l)
shall not |
6 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
7 | | own account or to take or deliver title to
such alcoholic |
8 | | liquors. |
9 | | This subsection (l)
shall not apply to distributors, |
10 | | employees of
distributors, or employees of a manufacturer who |
11 | | has registered the
trademark, brand or name of the alcoholic |
12 | | liquor pursuant to Section 6-9
of this Act, and who regularly |
13 | | sells such alcoholic liquor
in the State of Illinois only to |
14 | | its registrants thereunder. |
15 | | Any agent, representative, or person subject to |
16 | | registration pursuant to
subsection (a-1) of this Section shall |
17 | | not be eligible to receive a broker's
license. |
18 | | (m) A non-resident dealer's license shall permit such |
19 | | licensee to ship
into and warehouse alcoholic liquor into this |
20 | | State from any point
outside of this State, and to sell such |
21 | | alcoholic liquor to Illinois licensed
foreign importers and |
22 | | importing distributors and to no one else in this State;
|
23 | | provided that (i) said non-resident dealer shall register with |
24 | | the Illinois Liquor
Control Commission each and every brand of |
25 | | alcoholic liquor which it proposes
to sell to Illinois |
26 | | licensees during the license period, (ii) it shall comply with |
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1 | | all of the provisions of Section 6-9 hereof with
respect to |
2 | | registration of such Illinois licensees as may be granted the |
3 | | right
to sell such brands at wholesale, and (iii) the |
4 | | non-resident dealer shall comply with the provisions of |
5 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
6 | | provisions apply to manufacturers. |
7 | | (n) A brew pub license shall allow the licensee (i) to |
8 | | manufacture beer only
on the premises specified in the license, |
9 | | (ii) to make sales of the
beer manufactured on the premises or, |
10 | | with the approval of the Commission, beer manufactured on |
11 | | another brew pub licensed premises that is substantially owned |
12 | | and operated by the same licensee to importing distributors, |
13 | | distributors,
and to non-licensees for use and consumption, |
14 | | (iii) to store the beer upon
the premises, and (iv) to sell and |
15 | | offer for sale at retail from the licensed
premises, provided |
16 | | that a brew pub licensee shall not sell for off-premises
|
17 | | consumption more than 50,000 gallons per year. A person who |
18 | | holds a brew pub license may simultaneously hold a craft brewer |
19 | | license if he or she otherwise qualifies for the craft brewer |
20 | | license and the craft brewer license is for a location separate |
21 | | from the brew pub's licensed premises. A brew pub license shall |
22 | | permit a person who has received prior approval from the |
23 | | Commission to annually transfer no more than a total of 50,000 |
24 | | gallons of beer manufactured on premises to all other licensed |
25 | | brew pubs that are substantially owned and operated by the same |
26 | | person. |
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1 | | (o) A caterer retailer license shall allow the holder
to |
2 | | serve alcoholic liquors as an incidental part of a food service |
3 | | that serves
prepared meals which excludes the serving of snacks |
4 | | as
the primary meal, either on or off-site whether licensed or |
5 | | unlicensed. |
6 | | (p) An auction liquor license shall allow the licensee to |
7 | | sell and offer
for sale at auction wine and spirits for use or |
8 | | consumption, or for resale by
an Illinois liquor licensee in |
9 | | accordance with provisions of this Act. An
auction liquor |
10 | | license will be issued to a person and it will permit the
|
11 | | auction liquor licensee to hold the auction anywhere in the |
12 | | State. An auction
liquor license must be obtained for each |
13 | | auction at least 14 days in advance of
the auction date. |
14 | | (q) A special use permit license shall allow an Illinois |
15 | | licensed
retailer to transfer a portion of its alcoholic liquor |
16 | | inventory from its
retail licensed premises to the premises |
17 | | specified in the license hereby
created, and to sell or offer |
18 | | for sale at retail, only in the premises
specified in the |
19 | | license hereby created, the transferred alcoholic liquor for
|
20 | | use or consumption, but not for resale in any form. A special |
21 | | use permit
license may be granted for the following time |
22 | | periods: one day or less; 2 or
more days to a maximum of 15 days |
23 | | per location in any 12 month period. An
applicant for the |
24 | | special use permit license must also submit with the
|
25 | | application proof satisfactory to the State Commission that the |
26 | | applicant will
provide dram shop liability insurance to the |
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1 | | maximum limits and have local
authority approval. |
2 | | (r) A winery shipper's license shall allow a person
with a |
3 | | first-class or second-class wine manufacturer's
license, a |
4 | | first-class or second-class wine-maker's license,
or a limited |
5 | | wine manufacturer's license or who is licensed to
make wine |
6 | | under the laws of another state to ship wine
made by that |
7 | | licensee directly to a resident of this
State who is 21 years |
8 | | of age or older for that resident's
personal use and not for |
9 | | resale. Prior to receiving a
winery shipper's license, an |
10 | | applicant for the license must
provide the Commission with a |
11 | | true copy of its current
license in any state in which it is |
12 | | licensed as a manufacturer
of wine. An applicant for a winery |
13 | | shipper's license must
also complete an application form that |
14 | | provides any other
information the Commission deems necessary. |
15 | | The
application form shall include an acknowledgement |
16 | | consenting
to the jurisdiction of the Commission, the Illinois
|
17 | | Department of Revenue, and the courts of this State concerning
|
18 | | the enforcement of this Act and any related laws, rules, and
|
19 | | regulations, including authorizing the Department of Revenue
|
20 | | and the Commission to conduct audits for the purpose of
|
21 | | ensuring compliance with this amendatory Act. |
22 | | A winery shipper licensee must pay to the Department
of |
23 | | Revenue the State liquor gallonage tax under Section 8-1 for
|
24 | | all wine that is sold by the licensee and shipped to a person
|
25 | | in this State. For the purposes of Section 8-1, a winery
|
26 | | shipper licensee shall be taxed in the same manner as a
|
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1 | | manufacturer of wine. A licensee who is not otherwise required |
2 | | to register under the Retailers' Occupation Tax Act must
|
3 | | register under the Use Tax Act to collect and remit use tax to
|
4 | | the Department of Revenue for all gallons of wine that are sold
|
5 | | by the licensee and shipped to persons in this State. If a
|
6 | | licensee fails to remit the tax imposed under this Act in
|
7 | | accordance with the provisions of Article VIII of this Act, the
|
8 | | winery shipper's license shall be revoked in accordance
with |
9 | | the provisions of Article VII of this Act. If a licensee
fails |
10 | | to properly register and remit tax under the Use Tax Act
or the |
11 | | Retailers' Occupation Tax Act for all wine that is sold
by the |
12 | | winery shipper and shipped to persons in this
State, the winery |
13 | | shipper's license shall be revoked in
accordance with the |
14 | | provisions of Article VII of this Act. |
15 | | A winery shipper licensee must collect, maintain, and
|
16 | | submit to the Commission on a semi-annual basis the
total |
17 | | number of cases per resident of wine shipped to residents
of |
18 | | this State.
A winery shipper licensed under this subsection (r)
|
19 | | must comply with the requirements of Section 6-29 of this |
20 | | amendatory Act.
|
21 | | (Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813, |
22 | | eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13; |
23 | | 98-401, eff. 8-16-13; 98-756, eff. 7-16-14.)
|
24 | | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
|
25 | | Sec. 6-30.
Notwithstanding any other provision of this Act, |
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1 | | the
Illinois Gaming Board shall have exclusive authority to |
2 | | establish the hours
for sale and consumption of alcoholic |
3 | | liquor on board a riverboat during
riverboat gambling |
4 | | excursions conducted in accordance with the Riverboat and |
5 | | Land-based
Gambling Act.
|
6 | | (Source: P.A. 87-826.)
|
7 | | Section 50. The Illinois Public Aid Code is amended by |
8 | | changing Section 10-17.15 as follows: |
9 | | (305 ILCS 5/10-17.15) |
10 | | Sec. 10-17.15. Certification of information to State |
11 | | gaming licensees. |
12 | | (a) For purposes of this Section, "State gaming licensee" |
13 | | means, as applicable, an organization licensee or advance |
14 | | deposit wagering licensee licensed under the Illinois Horse |
15 | | Racing Act of 1975, an owners licensee licensed under the |
16 | | Riverboat and Land-based Gambling Act, or a licensee that |
17 | | operates, under any law of this State, one or more facilities |
18 | | or gaming locations at which lawful gambling is authorized and |
19 | | licensed as provided in the Riverboat and Land-based Gambling |
20 | | Act. |
21 | | (b) The Department may provide, by rule, for certification |
22 | | to any State gaming licensee of past due child support owed by |
23 | | a responsible relative under a support order entered by a court |
24 | | or administrative body of this or any other State on behalf of |
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1 | | a resident or non-resident receiving child support services |
2 | | under this Article in accordance with the requirements of Title |
3 | | IV-D, Part D, of the Social Security Act. The State gaming |
4 | | licensee shall have the ability to withhold from winnings |
5 | | required to be reported to the Internal Revenue Service on Form |
6 | | W-2G, up to the full amount of winnings necessary to pay the |
7 | | winner's past due child support. The rule shall provide for |
8 | | notice to and an opportunity to be heard by each responsible |
9 | | relative affected and any final administrative decision |
10 | | rendered by the Department shall be reviewed only under and in |
11 | | accordance with the Administrative Review Law. |
12 | | (c) For withholding of winnings, the State gaming licensee |
13 | | shall be entitled to an administrative fee not to exceed the |
14 | | lesser of 4% of the total amount of cash winnings paid to the |
15 | | gambling winner or $150. |
16 | | (d) In no event may the total amount withheld from the cash |
17 | | payout, including the administrative fee, exceed the total cash |
18 | | winnings claimed by the obligor. If the cash payout claimed is |
19 | | greater than the amount sufficient to satisfy the obligor's |
20 | | delinquent child support payments, the State gaming licensee |
21 | | shall pay the obligor the remaining balance of the payout, less |
22 | | the administrative fee authorized by subsection (c) of this |
23 | | Section, at the time it is claimed. |
24 | | (e) A State gaming licensee who in good faith complies with |
25 | | the requirements of this Section shall not be liable to the |
26 | | gaming winner or any other individual or entity.
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1 | | (Source: P.A. 98-318, eff. 8-12-13.) |
2 | | Section 55. The Firearm Concealed Carry Act is amended by |
3 | | changing Section 65 as follows: |
4 | | (430 ILCS 66/65)
|
5 | | Sec. 65. Prohibited areas. |
6 | | (a) A licensee under this Act shall not knowingly carry a |
7 | | firearm on or into: |
8 | | (1) Any building, real property, and parking area under |
9 | | the control of a public or private elementary or secondary |
10 | | school. |
11 | | (2) Any building, real property, and parking area under |
12 | | the control of a pre-school or child care facility, |
13 | | including any room or portion of a building under the |
14 | | control of a pre-school or child care facility. Nothing in |
15 | | this paragraph shall prevent the operator of a child care |
16 | | facility in a family home from owning or possessing a |
17 | | firearm in the home or license under this Act, if no child |
18 | | under child care at the home is present in the home or the |
19 | | firearm in the home is stored in a locked container when a |
20 | | child under child care at the home is present in the home. |
21 | | (3) Any building, parking area, or portion of a |
22 | | building under the control of an officer of the executive |
23 | | or legislative branch of government, provided that nothing |
24 | | in this paragraph shall prohibit a licensee from carrying a |
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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 |
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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 |
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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. |
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1 | | (21) Any building, real property, or parking area under |
2 | | the control of a zoo or museum. |
3 | | (22) Any street, driveway, parking area, property, |
4 | | building, or facility, owned, leased, controlled, or used |
5 | | by a nuclear energy, storage, weapons, or development site |
6 | | or facility regulated by the federal Nuclear Regulatory |
7 | | Commission. The licensee shall not under any circumstance |
8 | | store a firearm or ammunition in his or her vehicle or in a |
9 | | compartment or container within a vehicle located anywhere |
10 | | in or on the street, driveway, parking area, property, |
11 | | building, or facility described in this paragraph. |
12 | | (23) Any area where firearms are prohibited under |
13 | | federal law. |
14 | | (a-5) Nothing in this Act shall prohibit a public or |
15 | | private community college, college, or university from: |
16 | | (1) prohibiting persons from carrying a firearm within |
17 | | a vehicle owned, leased, or controlled by the college or |
18 | | university; |
19 | | (2) developing resolutions, regulations, or policies |
20 | | regarding student, employee, or visitor misconduct and |
21 | | discipline, including suspension and expulsion; |
22 | | (3) developing resolutions, regulations, or policies |
23 | | regarding the storage or maintenance of firearms, which |
24 | | must include designated areas where persons can park |
25 | | vehicles that carry firearms; and |
26 | | (4) permitting the carrying or use of firearms for the |
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1 | | purpose of instruction and curriculum of officially |
2 | | recognized programs, including but not limited to military |
3 | | science and law enforcement training programs, or in any |
4 | | designated area used for hunting purposes or target |
5 | | shooting. |
6 | | (a-10) The owner of private real property of any type may |
7 | | prohibit the carrying of concealed firearms on the property |
8 | | under his or her control. The owner must post a sign in |
9 | | accordance with subsection (d) of this Section indicating that |
10 | | firearms are prohibited on the property, unless the property is |
11 | | a private residence. |
12 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
13 | | this Section except under paragraph (22) or (23) of subsection |
14 | | (a), any licensee prohibited from carrying a concealed firearm |
15 | | into the parking area of a prohibited location specified in |
16 | | subsection (a), (a-5), or (a-10) of this Section shall be |
17 | | permitted to carry a concealed firearm on or about his or her |
18 | | person within a vehicle into the parking area and may store a |
19 | | firearm or ammunition concealed in a case within a locked |
20 | | vehicle or locked container out of plain view within the |
21 | | vehicle in the parking area. A licensee may carry a concealed |
22 | | firearm in the immediate area surrounding his or her vehicle |
23 | | within a prohibited parking lot area only for the limited |
24 | | purpose of storing or retrieving a firearm within the vehicle's |
25 | | trunk, provided the licensee ensures the concealed firearm is |
26 | | unloaded prior to exiting the vehicle. For purposes of this |
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1 | | subsection, "case" includes a glove compartment or console that |
2 | | completely encloses the concealed firearm or ammunition, the |
3 | | trunk of the vehicle, or a firearm carrying box, shipping box, |
4 | | or other container. |
5 | | (c) A licensee shall not be in violation of this Section |
6 | | while he or she is traveling along a public right of way that |
7 | | touches or crosses any of the premises under subsection (a), |
8 | | (a-5), or (a-10) of this Section if the concealed firearm is |
9 | | carried on his or her person in accordance with the provisions |
10 | | of this Act or is being transported in a vehicle by the |
11 | | licensee in accordance with all other applicable provisions of |
12 | | law. |
13 | | (d) Signs stating that the carrying of firearms is |
14 | | prohibited shall be clearly and conspicuously posted at the |
15 | | entrance of a building, premises, or real property specified in |
16 | | this Section as a prohibited area, unless the building or |
17 | | premises is a private residence. Signs shall be of a uniform |
18 | | design as established by the Department and shall be 4 inches |
19 | | by 6 inches in size. The Department shall adopt rules for |
20 | | standardized signs to be used under this subsection.
|
21 | | (Source: P.A. 98-63, eff. 7-9-13.) |
22 | | Section 60. The Criminal Code of 2012 is amended by |
23 | | changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as |
24 | | follows:
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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 |
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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;
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1 | | (10) knowingly advertises any lottery or policy game, |
2 | | except for such
activity related to lotteries, bingo games |
3 | | and raffles authorized by and
conducted in accordance with |
4 | | the laws of Illinois or any other state;
|
5 | | (11) knowingly transmits information as to wagers, |
6 | | betting odds, or
changes in betting odds by telephone, |
7 | | telegraph, radio, semaphore or
similar means; or knowingly |
8 | | installs or maintains equipment for the
transmission or |
9 | | receipt of such information; except that nothing in this
|
10 | | subdivision (11) prohibits transmission or receipt of such |
11 | | information
for use in news reporting of sporting events or |
12 | | contests; or
|
13 | | (12) knowingly establishes, maintains, or operates an |
14 | | Internet site that
permits a person to play a game of
|
15 | | chance or skill for money or other thing of value by means |
16 | | of the Internet or
to make a wager upon the
result of any |
17 | | game, contest, political nomination, appointment, or
|
18 | | election by means of the Internet. This item (12) does not |
19 | | apply to activities referenced in items (6) and (6.1) of |
20 | | subsection (b) of this Section.
|
21 | | (b) Participants in any of the following activities shall |
22 | | not be
convicted of gambling:
|
23 | | (1) Agreements to compensate for loss caused by the |
24 | | happening of
chance including without limitation contracts |
25 | | of indemnity or guaranty
and life or health or accident |
26 | | insurance.
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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.
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1 | | (7) Possession of an antique slot machine that is |
2 | | neither used nor
intended to be used in the operation or |
3 | | promotion of any unlawful
gambling activity or enterprise. |
4 | | For the purpose of this subparagraph
(b)(7), an antique |
5 | | slot machine is one manufactured 25 years ago or earlier.
|
6 | | (8) Raffles and poker runs when conducted in accordance |
7 | | with the Raffles and Poker Runs Act.
|
8 | | (9) Charitable games when conducted in accordance with |
9 | | the Charitable
Games Act.
|
10 | | (10) Pull tabs and jar games when conducted under the |
11 | | Illinois Pull
Tabs and Jar Games Act.
|
12 | | (11) Gambling games conducted on riverboats and in |
13 | | land-based gambling facilities when
authorized by the |
14 | | Riverboat and Land-based Gambling Act.
|
15 | | (12) Video gaming terminal games at a licensed |
16 | | establishment, licensed truck stop establishment,
licensed
|
17 | | fraternal establishment, or licensed veterans |
18 | | establishment when
conducted in accordance with the Video |
19 | | Gaming Act. |
20 | | (13) Games of skill or chance where money or other |
21 | | things of value can be won but no payment or purchase is |
22 | | required to participate. |
23 | | (c) Sentence.
|
24 | | Gambling is a
Class A misdemeanor. A second or
subsequent |
25 | | conviction under subsections (a)(3) through (a)(12),
is a Class |
26 | | 4 felony.
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1 | | (d) Circumstantial evidence.
|
2 | | In prosecutions under
this
Section circumstantial evidence |
3 | | shall have the same validity and weight as
in any criminal |
4 | | prosecution.
|
5 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
|
6 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
|
7 | | Sec. 28-1.1. Syndicated gambling.
|
8 | | (a) Declaration of Purpose. Recognizing the close |
9 | | relationship between
professional gambling and other organized |
10 | | crime, it is declared to be the
policy of the legislature to |
11 | | restrain persons from engaging in the business
of gambling for |
12 | | profit in this State. This Section shall be liberally
construed |
13 | | and administered with a view to carrying out this policy.
|
14 | | (b) A person commits syndicated gambling when he or she |
15 | | operates a "policy
game" or engages in the business of |
16 | | bookmaking.
|
17 | | (c) A person "operates a policy game" when he or she |
18 | | knowingly uses any
premises or property for the purpose of |
19 | | receiving or knowingly does
receive from what is commonly |
20 | | called "policy":
|
21 | | (1) money from a person other than the bettor or player |
22 | | whose
bets or plays are represented by the money; or
|
23 | | (2) written "policy game" records, made or used over |
24 | | any
period of time, from a person other than the bettor or |
25 | | player whose bets
or plays are represented by the written |
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1 | | record.
|
2 | | (d) A person engages in bookmaking when he or she knowingly |
3 | | receives or accepts more
than five bets or wagers upon the |
4 | | result of any trials or contests of
skill, speed or power of |
5 | | endurance or upon any lot, chance, casualty,
unknown or |
6 | | contingent event whatsoever, which bets or wagers shall be of
|
7 | | such size that the total of the amounts of money paid or |
8 | | promised to be
paid to the bookmaker on account thereof shall |
9 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets |
10 | | or wagers
regardless of the form or manner in which the |
11 | | bookmaker records them.
|
12 | | (e) Participants in any of the following activities shall |
13 | | not be
convicted of syndicated gambling:
|
14 | | (1) Agreements to compensate for loss caused by the |
15 | | happening
of chance including without limitation contracts |
16 | | of indemnity or
guaranty and life or health or accident |
17 | | insurance;
|
18 | | (2) Offers of prizes, award or compensation to the |
19 | | actual
contestants in any bona fide contest for the |
20 | | determination of skill,
speed, strength or endurance or to |
21 | | the owners of animals or vehicles
entered in the contest;
|
22 | | (3) Pari-mutuel betting as authorized by law of this |
23 | | State;
|
24 | | (4) Manufacture of gambling devices, including the |
25 | | acquisition
of essential parts therefor and the assembly |
26 | | thereof, for transportation
in interstate or foreign |
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1 | | commerce to any place outside this State when
the |
2 | | transportation is not prohibited by any applicable Federal |
3 | | law;
|
4 | | (5) Raffles and poker runs when conducted in accordance |
5 | | with the Raffles and Poker Runs Act;
|
6 | | (6) Gambling games conducted on riverboats and in |
7 | | land-based gambling facilities when
authorized by the |
8 | | Riverboat and Land-based Gambling Act; and
|
9 | | (7) Video gaming terminal games at a licensed |
10 | | establishment, licensed truck stop establishment,
licensed
|
11 | | fraternal establishment, or licensed veterans |
12 | | establishment
when conducted in accordance with the Video |
13 | | Gaming Act.
|
14 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
|
15 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-644, eff. 6-10-14.)
|
16 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
|
17 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is |
18 | | any real
estate, vehicle, boat or any other property whatsoever |
19 | | used for the
purposes of gambling other than gambling conducted |
20 | | in the manner authorized
by the Riverboat and Land-based |
21 | | Gambling Act or the Video Gaming Act. Any person who
knowingly |
22 | | permits any premises
or property owned or occupied by him or |
23 | | under his control to be used as a
gambling place commits a |
24 | | Class A misdemeanor. Each subsequent offense is a
Class 4 |
25 | | felony. When any premises is determined by the circuit court to |
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1 | | be
a gambling place:
|
2 | | (a) Such premises is a public nuisance and may be proceeded |
3 | | against as such,
and
|
4 | | (b) All licenses, permits or certificates issued by the |
5 | | State of
Illinois or any subdivision or public agency thereof |
6 | | authorizing the
serving of food or liquor on such premises |
7 | | shall be void; and no license,
permit or certificate so |
8 | | cancelled shall be reissued for such premises for
a period of |
9 | | 60 days thereafter; nor shall any person convicted of keeping a
|
10 | | gambling place be reissued such license
for one year from his |
11 | | conviction and, after a second conviction of keeping
a gambling |
12 | | place, any such person shall not be reissued such license, and
|
13 | | (c) Such premises of any person who knowingly permits |
14 | | thereon a
violation of any Section of this Article shall be |
15 | | held liable for, and may
be sold to pay any unsatisfied |
16 | | judgment that may be recovered and any
unsatisfied fine that |
17 | | may be levied under any Section of this Article.
|
18 | | (Source: P.A. 96-34, eff. 7-13-09.)
|
19 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
|
20 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
|
21 | | (a) Every device designed for gambling which is incapable |
22 | | of lawful use
or every device used unlawfully for gambling |
23 | | shall be considered a
"gambling device", and shall be subject |
24 | | to seizure, confiscation and
destruction by the Department of |
25 | | State Police or by any municipal, or other
local authority, |
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1 | | within whose jurisdiction the same may be found. As used
in |
2 | | this Section, a "gambling device" includes any slot machine, |
3 | | and
includes any machine or device constructed for the |
4 | | reception of money or
other thing of value and so constructed |
5 | | as to return, or to cause someone
to return, on chance to the |
6 | | player thereof money, property or a right to
receive money or |
7 | | property. With the exception of any device designed for
|
8 | | gambling which is incapable of lawful use, no gambling device |
9 | | shall be
forfeited or destroyed unless an individual with a |
10 | | property interest in
said device knows of the unlawful use of |
11 | | the device.
|
12 | | (b) Every gambling device shall be seized and forfeited to |
13 | | the county
wherein such seizure occurs. Any money or other |
14 | | thing of value integrally
related to acts of gambling shall be |
15 | | seized and forfeited to the county
wherein such seizure occurs.
|
16 | | (c) If, within 60 days after any seizure pursuant to |
17 | | subparagraph
(b) of this Section, a person having any property |
18 | | interest in the seized
property is charged with an offense, the |
19 | | court which renders judgment
upon such charge shall, within 30 |
20 | | days after such judgment, conduct a
forfeiture hearing to |
21 | | determine whether such property was a gambling device
at the |
22 | | time of seizure. Such hearing shall be commenced by a written
|
23 | | petition by the State, including material allegations of fact, |
24 | | the name
and address of every person determined by the State to |
25 | | have any property
interest in the seized property, a |
26 | | representation that written notice of
the date, time and place |
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1 | | of such hearing has been mailed to every such
person by |
2 | | certified mail at least 10 days before such date, and a
request |
3 | | for forfeiture. Every such person may appear as a party and
|
4 | | present evidence at such hearing. The quantum of proof required |
5 | | shall
be a preponderance of the evidence, and the burden of |
6 | | proof shall be on
the State. If the court determines that the |
7 | | seized property was
a gambling device at the time of seizure, |
8 | | an order of forfeiture and
disposition of the seized property |
9 | | shall be entered: a gambling device
shall be received by the |
10 | | State's Attorney, who shall effect its
destruction, except that |
11 | | valuable parts thereof may be liquidated and
the resultant |
12 | | money shall be deposited in the general fund of the county
|
13 | | wherein such seizure occurred; money and other things of value |
14 | | shall be
received by the State's Attorney and, upon |
15 | | liquidation, shall be
deposited in the general fund of the |
16 | | county wherein such seizure
occurred. However, in the event |
17 | | that a defendant raises the defense
that the seized slot |
18 | | machine is an antique slot machine described in
subparagraph |
19 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
20 | | from the charge of a gambling activity participant, the seized
|
21 | | antique slot machine shall not be destroyed or otherwise |
22 | | altered until a
final determination is made by the Court as to |
23 | | whether it is such an
antique slot machine. Upon a final |
24 | | determination by the Court of this
question in favor of the |
25 | | defendant, such slot machine shall be
immediately returned to |
26 | | the defendant. Such order of forfeiture and
disposition shall, |
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1 | | for the purposes of appeal, be a final order and
judgment in a |
2 | | civil proceeding.
|
3 | | (d) If a seizure pursuant to subparagraph (b) of this |
4 | | Section is not
followed by a charge pursuant to subparagraph |
5 | | (c) of this Section, or if
the prosecution of such charge is |
6 | | permanently terminated or indefinitely
discontinued without |
7 | | any judgment of conviction or acquittal (1) the
State's |
8 | | Attorney shall commence an in rem proceeding for the forfeiture
|
9 | | and destruction of a gambling device, or for the forfeiture and |
10 | | deposit
in the general fund of the county of any seized money |
11 | | or other things of
value, or both, in the circuit court and (2) |
12 | | any person having any
property interest in such seized gambling |
13 | | device, money or other thing
of value may commence separate |
14 | | civil proceedings in the manner provided
by law.
|
15 | | (e) Any gambling device displayed for sale to a riverboat |
16 | | gambling
operation or land-based gambling operation or used to |
17 | | train occupational licensees of a riverboat gambling
operation |
18 | | or land-based gambling operation as authorized under the |
19 | | Riverboat and Land-based Gambling Act is exempt from
seizure |
20 | | under this Section.
|
21 | | (f) Any gambling equipment, devices and supplies provided |
22 | | by a licensed
supplier in accordance with the Riverboat and |
23 | | Land-based Gambling Act which are removed
from the riverboat or |
24 | | land-based gambling facility for repair are exempt from seizure |
25 | | under this Section.
|
26 | | (g) The following video gaming terminals are exempt from |
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1 | | seizure under this Section: |
2 | | (1) Video gaming terminals for sale to a licensed |
3 | | distributor or operator under the Video Gaming Act. |
4 | | (2) Video gaming terminals used to train licensed |
5 | | technicians or licensed terminal handlers. |
6 | | (3) Video gaming terminals that are removed from a |
7 | | licensed establishment, licensed truck stop establishment,
|
8 | | licensed
fraternal establishment, or licensed veterans |
9 | | establishment for repair. |
10 | | (Source: P.A. 98-31, eff. 6-24-13.)
|
11 | | (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
|
12 | | Sec. 28-7. Gambling contracts void.
|
13 | | (a) All promises, notes, bills, bonds, covenants, |
14 | | contracts, agreements,
judgments, mortgages, or other |
15 | | securities or conveyances made, given,
granted, drawn, or |
16 | | entered into, or executed by any person whatsoever,
where the |
17 | | whole or any part of the consideration thereof is for any
money |
18 | | or thing of value, won or obtained in violation of any Section |
19 | | of
this Article are null and void.
|
20 | | (b) Any obligation void under this Section may be set aside |
21 | | and vacated
by any court of competent jurisdiction, upon a |
22 | | complaint filed for that
purpose, by the person so granting, |
23 | | giving, entering into, or executing the
same, or by his |
24 | | executors or administrators, or by any creditor, heir,
legatee, |
25 | | purchaser or other person interested therein; or if a judgment,
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1 | | the same may be set aside on motion of any person stated above, |
2 | | on due
notice thereof given.
|
3 | | (c) No assignment of any obligation void under this Section |
4 | | may in any
manner affect the defense of the person giving, |
5 | | granting, drawing, entering
into or executing such obligation, |
6 | | or the remedies of any person interested
therein.
|
7 | | (d) This Section shall not prevent a licensed owner of a |
8 | | riverboat
gambling operation or land-based gambling operation |
9 | | from instituting a cause of action to collect any amount
due |
10 | | and owing under an extension of credit to a riverboat or |
11 | | land-based gambling facility gambling patron
as authorized |
12 | | under the Riverboat and Land-based Gambling Act.
|
13 | | (Source: P.A. 87-826.)
|
14 | | Section 65. The Payday Loan Reform Act is amended by |
15 | | changing Section 3-5 as follows: |
16 | | (815 ILCS 122/3-5)
|
17 | | Sec. 3-5. Licensure. |
18 | | (a) A license to make a payday loan shall state the |
19 | | address,
including city and state, at which
the business is to |
20 | | be conducted and shall state fully the name of the licensee.
|
21 | | The license shall be conspicuously posted in the place of |
22 | | business of the
licensee and shall not be transferable or |
23 | | assignable.
|
24 | | (b) An application for a license shall be in writing and in |
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1 | | a form
prescribed by the Secretary. The Secretary may not issue |
2 | | a payday loan
license unless and until the following findings |
3 | | are made:
|
4 | | (1) that the financial responsibility, experience, |
5 | | character, and general
fitness of the applicant are such as |
6 | | to command the confidence of the public
and to warrant the |
7 | | belief that the business will be operated lawfully and
|
8 | | fairly and within the provisions and purposes of this Act; |
9 | | and
|
10 | | (2) that the applicant has submitted such other |
11 | | information as the
Secretary may deem necessary.
|
12 | | (c) A license shall be issued for no longer than one year, |
13 | | and no renewal
of a license may be provided if a licensee has |
14 | | substantially violated this
Act and has not cured the violation |
15 | | to the satisfaction of the Department.
|
16 | | (d) A licensee shall appoint, in writing, the Secretary as |
17 | | attorney-in-fact
upon whom all lawful process against the |
18 | | licensee may be served with the
same legal force and validity |
19 | | as if served on the licensee. A copy of the
written |
20 | | appointment, duly certified, shall be filed in the office of |
21 | | the
Secretary, and a copy thereof certified by the Secretary |
22 | | shall be sufficient
evidence to subject a licensee to |
23 | | jurisdiction in a court of law. This appointment shall remain |
24 | | in effect while any liability remains
outstanding in this State |
25 | | against the licensee. When summons is served upon
the Secretary |
26 | | as attorney-in-fact for a licensee, the Secretary shall |
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1 | | immediately
notify the licensee by registered mail, enclosing |
2 | | the summons and specifying
the hour and day of service.
|
3 | | (e) A licensee must pay an annual fee of $1,000. In |
4 | | addition to the
license fee, the reasonable expense of any |
5 | | examination or hearing
by the Secretary under any provisions of |
6 | | this Act shall be borne by
the licensee. If a licensee fails to |
7 | | renew its license by December 31,
its license
shall |
8 | | automatically expire; however, the Secretary, in his or her |
9 | | discretion,
may reinstate an expired license upon:
|
10 | | (1) payment of the annual fee within 30 days of the |
11 | | date of
expiration; and
|
12 | | (2) proof of good cause for failure to renew.
|
13 | | (f) Not more than one place of business shall be maintained |
14 | | under the
same license, but the Secretary may issue more than |
15 | | one license to the same
licensee upon compliance with all the |
16 | | provisions of this Act governing
issuance of a single license. |
17 | | The location, except those locations already in
existence as of |
18 | | June 1, 2005, may not be within one mile of a
horse race track |
19 | | subject to the Illinois Horse Racing Act of 1975,
within one |
20 | | mile of a facility at which gambling is conducted under the
|
21 | | Riverboat and Land-based Gambling Act, within one mile of the |
22 | | location at which a
riverboat subject to the Riverboat and |
23 | | Land-based Gambling Act docks, or within one mile of
any State |
24 | | of Illinois or United States military base or naval |
25 | | installation.
|
26 | | (g) No licensee shall conduct the business of making loans |
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1 | | under this
Act within any office, suite, room, or place of |
2 | | business in which (1) any loans are offered or made under the |
3 | | Consumer Installment Loan Act other than title secured loans as |
4 | | defined in subsection (a) of Section 15 of the Consumer |
5 | | Installment Loan Act and governed by Title 38, Section 110.330 |
6 | | of the Illinois Administrative Code or (2) any other
business |
7 | | is solicited or engaged in unless the other business is |
8 | | licensed by the Department or, in the opinion of the Secretary, |
9 | | the
other business would not be contrary to the best interests |
10 | | of consumers and
is authorized by the Secretary in writing.
|
11 | | (g-5) Notwithstanding subsection (g) of this Section, a |
12 | | licensee may obtain a license under the Consumer Installment |
13 | | Loan Act (CILA) for the exclusive purpose and use of making |
14 | | title secured loans, as defined in subsection (a) of Section 15 |
15 | | of CILA and governed by Title 38, Section 110.300 of the |
16 | | Illinois Administrative Code. A licensee may continue to |
17 | | service Consumer Installment Loan Act loans that were |
18 | | outstanding as of the effective date of this amendatory Act of |
19 | | the 96th General Assembly. |
20 | | (h) The Secretary shall maintain a list of licensees that |
21 | | shall be
available to interested consumers and lenders and the |
22 | | public. The Secretary
shall maintain a toll-free number whereby |
23 | | consumers may obtain
information about licensees. The |
24 | | Secretary shall also establish a complaint
process under which |
25 | | an aggrieved consumer
may file a complaint against a licensee |
26 | | or non-licensee who violates any
provision of this Act.
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1 | | (Source: P.A. 96-936, eff. 3-21-11 .) |
2 | | Section 70. The Travel Promotion Consumer Protection Act is |
3 | | amended by changing Section 2 as follows:
|
4 | | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
|
5 | | Sec. 2. Definitions.
|
6 | | (a) "Travel promoter" means a person, including a tour |
7 | | operator, who sells,
provides, furnishes, contracts for, |
8 | | arranges or advertises that he or she will
arrange wholesale or |
9 | | retail transportation by air, land, sea or navigable
stream, |
10 | | either separately or in conjunction with other services. |
11 | | "Travel
promoter" does not include (1) an air carrier; (2) a |
12 | | sea carrier; (3) an
officially appointed agent of an air |
13 | | carrier who is a member in good standing
of the Airline |
14 | | Reporting Corporation; (4) a travel promoter who has in
force |
15 | | $1,000,000 or more of liability insurance coverage for |
16 | | professional
errors and omissions and a surety bond or |
17 | | equivalent surety in the amount of
$100,000 or more for the |
18 | | benefit of consumers in the event of a bankruptcy on
the part |
19 | | of the travel promoter; or (5) a riverboat subject to |
20 | | regulation under
the Riverboat and Land-based Gambling Act.
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21 | | (b) "Advertise" means to make any representation in the |
22 | | solicitation of
passengers and includes communication with |
23 | | other members of the same
partnership, corporation, joint |
24 | | venture, association, organization, group or
other entity.
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| | HB3607 | - 145 - | LRB099 00324 AMC 20329 b |
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1 | | (c) "Passenger" means a person on whose behalf money or |
2 | | other
consideration has been given or is to be given to |
3 | | another, including
another member of the same partnership, |
4 | | corporation, joint venture,
association, organization, group |
5 | | or other entity, for travel.
|
6 | | (d) "Ticket or voucher" means a writing or combination of |
7 | | writings which
is itself good and sufficient to obtain
|
8 | | transportation and other services for which the passenger has |
9 | | contracted.
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10 | | (Source: P.A. 91-357, eff. 7-29-99.)
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| | | HB3607 | - 146 - | LRB099 00324 AMC 20329 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 301/5-20 | | | 4 | | 20 ILCS 2505/2505-305 | was 20 ILCS 2505/39b15.1 | | 5 | | 30 ILCS 105/6z-45 | | | 6 | | 70 ILCS 1825/5.1 | from 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 10/1 | from Ch. 120, par. 2401 | | 11 | | 230 ILCS 10/2 | from Ch. 120, par. 2402 | | 12 | | 230 ILCS 10/3 | from Ch. 120, par. 2403 | | 13 | | 230 ILCS 10/4 | from Ch. 120, par. 2404 | | 14 | | 230 ILCS 10/5 | from Ch. 120, par. 2405 | | 15 | | 230 ILCS 10/5.1 | from Ch. 120, par. 2405.1 | | 16 | | 230 ILCS 10/6 | from Ch. 120, par. 2406 | | 17 | | 230 ILCS 10/7 | from 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 10/8 | from Ch. 120, par. 2408 | | 22 | | 230 ILCS 10/9 | from Ch. 120, par. 2409 | | 23 | | 230 ILCS 10/11 | from Ch. 120, par. 2411 | | 24 | | 230 ILCS 10/11.1 | from Ch. 120, par. 2411.1 | | 25 | | 230 ILCS 10/11.2 | | |
| | | HB3607 | - 147 - | LRB099 00324 AMC 20329 b |
|
| 1 | | 230 ILCS 10/12 | from Ch. 120, par. 2412 | | 2 | | 230 ILCS 10/13 | from Ch. 120, par. 2413 | | 3 | | 230 ILCS 10/18 | from Ch. 120, par. 2418 | | 4 | | 230 ILCS 10/19 | from Ch. 120, par. 2419 | | 5 | | 230 ILCS 10/20 | from 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 5/5-1 | from Ch. 43, par. 115 | | 13 | | 235 ILCS 5/6-30 | from Ch. 43, par. 144f | | 14 | | 305 ILCS 5/10-17.15 | | | 15 | | 430 ILCS 66/65 | | | 16 | | 720 ILCS 5/28-1 | from Ch. 38, par. 28-1 | | 17 | | 720 ILCS 5/28-1.1 | from Ch. 38, par. 28-1.1 | | 18 | | 720 ILCS 5/28-3 | from Ch. 38, par. 28-3 | | 19 | | 720 ILCS 5/28-5 | from Ch. 38, par. 28-5 | | 20 | | 720 ILCS 5/28-7 | from Ch. 38, par. 28-7 | | 21 | | 815 ILCS 122/3-5 | | | 22 | | 815 ILCS 420/2 | from Ch. 121 1/2, par. 1852 |
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