Illinois General Assembly - Illinois Compiled Statutes

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230 ILCS 40/35

(230 ILCS 40/35)

Sec. 35. Display of license; confiscation; violation as felony.

(a)  Each
video gaming terminal shall be licensed by the Board before placement
or operation on the premises of a licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment.  The license of
each video gaming terminal shall be maintained
at the location where the video gaming terminal is operated.  Failure to do so
is a petty offense with a fine
not to exceed $100.
Any licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed
fraternal establishment, or licensed
veterans establishment
used for the conduct of gambling games in violation of this Act shall be
considered a gambling place in violation of Section 28-3 of the Criminal
Code of 2012.  Every gambling device found in
a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal
establishment, or licensed
veterans establishment operating gambling games in violation of this
Act shall be subject to seizure, confiscation, and destruction as provided
in Section 28-5 of the Criminal Code of 2012.
Any license issued under the Liquor Control Act
of 1934 to any owner or operator of a licensed establishment, licensed truck
stop establishment, licensed large truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment that operates or
permits the operation of a video gaming terminal within its establishment in
violation of this Act shall be immediately revoked.
No person may own, operate, have in his or her possession or custody or under
his or her control, or permit to be kept in any place under his or her
possession or control, any
device that awards credits and contains a circuit, meter, or switch capable of
removing and recording the removal of credits when the award of credits is
dependent upon chance.

Nothing in this Section shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling under subsection (b) of Section 28-1 of the Criminal Code of 2012.

A violation of this Section is a Class 4 felony.  All
devices that are owned, operated, or possessed in violation of this Section are
hereby declared to be public nuisances and shall be subject to seizure,
confiscation, and destruction as provided in Section 28-5 of the Criminal Code
of 2012.

The provisions of this Section do not apply to devices or electronic video
game terminals licensed pursuant to this Act. A video gaming terminal operated for amusement only and bearing a valid amusement tax sticker shall not be subject to this Section until 30 days after the Board establishes that the central communications system is functional.

(b) (1) The odds of winning each video game shall be posted on or near each video gaming terminal.  The manner in which the odds are calculated and how they are posted shall be determined by the Board by rule.

(2) No video gaming terminal licensed under this Act may be played except during the legal hours of operation allowed for the consumption of alcoholic beverages at the licensed establishment, licensed fraternal establishment, or licensed veterans establishment.  A licensed establishment, licensed fraternal establishment, or licensed veterans establishment that violates this subsection is subject to termination of its license by the Board.

(Source: P.A. 101-31, eff. 6-28-19.)