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90_HB1819
230 ILCS 10/2 from Ch. 120, par. 2402
230 ILCS 10/3 from Ch. 120, par. 2403
230 ILCS 10/4 from Ch. 120, par. 2404
230 ILCS 10/5 from Ch. 120, par. 2405
230 ILCS 10/5.1 from Ch. 120, par. 2405.1
230 ILCS 10/6 from Ch. 120, par. 2406
230 ILCS 10/7 from Ch. 120, par. 2407
230 ILCS 10/7.1 new
230 ILCS 10/8 from Ch. 120, par. 2408
230 ILCS 10/9 from Ch. 120, par. 2409
230 ILCS 10/11 from Ch. 120, par. 2411
230 ILCS 10/11.1 from Ch. 120, par. 2411.1
230 ILCS 10/12 from Ch. 120, par. 2412
230 ILCS 10/13 from Ch. 120, par. 2413
230 ILCS 10/18 from Ch. 120, par. 2418
230 ILCS 10/19 from Ch. 120, par. 2419
230 ILCS 10/20 from Ch. 120, par. 2420
235 ILCS 5/6-30 from Ch. 43, par. 144f
720 ILCS 5/28-1 from Ch. 38, par. 28-1
720 ILCS 5/28-1.1 from Ch. 38, par. 28-1.1
720 ILCS 5/28-5 from Ch. 38, par. 28-5
720 ILCS 5/28-7 from Ch. 38, par. 28-7
815 ILCS 420/2 from Ch. 121 1/2, par. 1852
Amends the Riverboat Gambling Act. Provides that a
municipality that meets certain specifications and in which a
riverboat licensee docks may issue a special owners license
that permits the owner to conduct riverboat gambling on one
riverboat that is either self-propelled or permanently moored
or in one land-based gaming facility. Amends other Acts to
conform to the changes made in the Riverboat Gambling Act.
Effective immediately.
LRB9004144LDdv
LRB9004144LDdv
1 AN ACT to amend certain Acts in relation to gambling.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Riverboat Gambling Act is amended by
5 changing the title of the Act and Sections 2, 3, 4, 5, 5.1,
6 6, 7, 8, 9, 11, 11.1, 12, 13, 18, 19, and 20 and adding
7 Section 7.1 as follows:
8 (230 ILCS 10/Act title)
9 An Act to authorize certain forms of gambling on
10 excursion gambling boats.
11 (230 ILCS 10/2) (from Ch. 120, par. 2402)
12 Sec. 2. Legislative Intent.
13 (a) This Act is intended to benefit the people of the
14 State of Illinois by assisting economic development and
15 promoting Illinois tourism.
16 (b) While authorization of riverboat gambling will
17 enhance investment, development and tourism in Illinois, it
18 is recognized that it will do so successfully only if public
19 confidence and trust in the credibility and integrity of the
20 gambling operations and the regulatory process is maintained.
21 Therefore, regulatory provisions of this Act are designed to
22 strictly regulate the facilities, persons, associations and
23 practices related to gambling operations pursuant to the
24 police powers of the State, including comprehensive law
25 enforcement supervision.
26 (c) The Illinois Gaming Board established under this Act
27 should, as soon as possible, inform each applicant for an
28 owners license of the Board's intent to grant or deny a
29 license.
30 (Source: P.A. 86-1029.)
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1 (230 ILCS 10/3) (from Ch. 120, par. 2403)
2 Sec. 3. Riverboat Gambling Authorized.
3 (a) Riverboat Gambling operations and the system of
4 wagering incorporated therein, as defined in this Act, are
5 hereby authorized to the extent that they are carried out in
6 accordance with the provisions of this Act.
7 (b) This Act does not apply to the pari-mutuel system of
8 wagering used or intended to be used in connection with the
9 horse-race meetings as authorized under the Illinois Horse
10 Racing Act of 1975, lottery games authorized under the
11 Illinois Lottery Law, bingo authorized under the Bingo
12 License and Tax Act, charitable games authorized under the
13 Charitable Games Act or pull tabs and jar games conducted
14 under the Illinois Pull Tabs and Jar Games Act.
15 (c) Riverboat gambling conducted pursuant to this Act
16 may be authorized upon any navigable stream within the State
17 of Illinois or any navigable stream other than Lake Michigan
18 which constitutes a boundary of the State of Illinois;
19 however, this Act does not authorize riverboat gambling
20 within a county having a population in excess of 3,000,000,
21 and this Act does not authorize riverboats conducting
22 gambling under this Act to dock at any location in a county
23 having a population in excess of 3,000,000.
24 (d) Land-based casino gambling conducted under this Act
25 may be authorized as provided in Section 7.1.
26 (Source: P.A. 86-1029.)
27 (230 ILCS 10/4) (from Ch. 120, par. 2404)
28 Sec. 4. Definitions. As used in this Act:
29 (a) "Board" means the Illinois Gaming Board.
30 (b) "Occupational license" means a license issued by the
31 Board to a person or entity to perform an occupation which
32 the Board has identified as requiring a license to engage in
33 riverboat gambling in Illinois.
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1 (c) "Gambling game" includes, but is not limited to,
2 baccarat, twenty-one, poker, craps, slot machine, video game
3 of chance, roulette wheel, klondike table, punchboard, faro
4 layout, keno layout, numbers ticket, push card, jar ticket,
5 or pull tab which is authorized by the Board as a wagering
6 device under this Act.
7 (d) "Riverboat" means a self-propelled excursion boat or
8 a permanently moored boat on which lawful gambling is
9 authorized and licensed as provided in this Act.
10 (e) "Gambling excursion" means the time during which
11 gambling games may be operated on a riverboat.
12 (f) "Dock" means the location where an excursion
13 riverboat moors for the purpose of embarking passengers for
14 and disembarking passengers from a gambling excursion.
15 (g) "Gross receipts" means the total amount of money
16 exchanged for the purchase of chips, tokens or electronic
17 cards by riverboat patrons.
18 (h) "Adjusted gross receipts" means the gross receipts
19 less winnings paid to wagerers.
20 (i) "Cheat" means to alter the selection of criteria
21 which determine the result of a gambling game or the amount
22 or frequency of payment in a gambling game.
23 (j) "Department" means the Department of Revenue.
24 (k) "Gambling operation" means the conduct of authorized
25 gambling games upon a riverboat or at a land-based casino.
26 (Source: P.A. 86-1029; 86-1389; 87-826.)
27 (230 ILCS 10/5) (from Ch. 120, par. 2405)
28 Sec. 5. Gaming Board.
29 (a) (1) There is hereby established within the
30 Department of Revenue an Illinois Gaming Board which shall
31 have the powers and duties specified in this Act, and all
32 other powers necessary and proper to fully and effectively
33 execute this Act for the purpose of administering,
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1 regulating, and enforcing the system of riverboat gambling
2 established by this Act. Its jurisdiction shall extend under
3 this Act to every person, association, corporation,
4 partnership and trust involved in riverboat and land-based
5 casino gambling operations in the State of Illinois.
6 (2) The Board shall consist of 5 members to be appointed
7 by the Governor with the advice and consent of the Senate,
8 one of whom shall be designated by the Governor to be
9 chairman. Each member shall have a reasonable knowledge of
10 the practice, procedure and principles of gambling
11 operations. Each member shall either be a resident of
12 Illinois or shall certify that he will become a resident of
13 Illinois before taking office. At least one member shall be
14 experienced in law enforcement and criminal investigation, at
15 least one member shall be a certified public accountant
16 experienced in accounting and auditing, and at least one
17 member shall be a lawyer licensed to practice law in
18 Illinois.
19 (3) The terms of office of the Board members shall be 3
20 years, except that the terms of office of the initial Board
21 members appointed pursuant to this Act will commence from the
22 effective date of this Act and run as follows: one for a
23 term ending July 1, 1991, 2 for a term ending July 1, 1992,
24 and 2 for a term ending July 1, 1993. Upon the expiration of
25 the foregoing terms, the successors of such members shall
26 serve a term for 3 years and until their successors are
27 appointed and qualified for like terms. Vacancies in the
28 Board shall be filled for the unexpired term in like manner
29 as original appointments. Each member of the Board shall be
30 eligible for reappointment at the discretion of the Governor
31 with the advice and consent of the Senate.
32 (4) Each member of the Board shall receive $300 for each
33 day the Board meets and for each day the member conducts any
34 hearing pursuant to this Act. Each member of the Board shall
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1 also be reimbursed for all actual and necessary expenses and
2 disbursements incurred in the execution of official duties.
3 (5) No person shall be appointed a member of the Board
4 or continue to be a member of the Board who is, or whose
5 spouse, child or parent is, a member of the board of
6 directors of, or a person financially interested in, any
7 gambling operation subject to the jurisdiction of this Board,
8 or any race track, race meeting, racing association or the
9 operations thereof subject to the jurisdiction of the
10 Illinois Racing Board. No Board member shall hold any other
11 public office for which he shall receive compensation other
12 than necessary travel or other incidental expenses. No
13 person shall be a member of the Board who is not of good
14 moral character or who has been convicted of, or is under
15 indictment for, a felony under the laws of Illinois or any
16 other state, or the United States.
17 (6) Any member of the Board may be removed by the
18 Governor for neglect of duty, misfeasance, malfeasance, or
19 nonfeasance in office.
20 (7) Before entering upon the discharge of the duties of
21 his office, each member of the Board shall take an oath that
22 he will faithfully execute the duties of his office according
23 to the laws of the State and the rules and regulations
24 adopted therewith and shall give bond to the State of
25 Illinois, approved by the Governor, in the sum of $25,000.
26 Every such bond, when duly executed and approved, shall be
27 recorded in the office of the Secretary of State. Whenever
28 the Governor determines that the bond of any member of the
29 Board has become or is likely to become invalid or
30 insufficient, he shall require such member forthwith to renew
31 his bond, which is to be approved by the Governor. Any
32 member of the Board who fails to take oath and give bond
33 within 30 days from the date of his appointment, or who fails
34 to renew his bond within 30 days after it is demanded by the
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1 Governor, shall be guilty of neglect of duty and may be
2 removed by the Governor. The cost of any bond given by any
3 member of the Board under this Section shall be taken to be a
4 part of the necessary expenses of the Board.
5 (8) Upon the request of the Board, the Department shall
6 employ such personnel as may be necessary to carry out the
7 functions of the Board. No person shall be employed to serve
8 the Board who is, or whose spouse, parent or child is, an
9 official of, or has a financial interest in or financial
10 relation with, any operator engaged in gambling operations
11 within this State or any organization engaged in conducting
12 horse racing within this State. Any employee violating these
13 prohibitions shall be subject to termination of employment.
14 (9) An Administrator shall perform any and all duties
15 that the Board shall assign him. The salary of the
16 Administrator shall be determined by the Board and approved
17 by the Director of the Department and, in addition, he shall
18 be reimbursed for all actual and necessary expenses incurred
19 by him in discharge of his official duties. The
20 Administrator shall keep records of all proceedings of the
21 Board and shall preserve all records, books, documents and
22 other papers belonging to the Board or entrusted to its care.
23 The Administrator shall devote his full time to the duties of
24 the office and shall not hold any other office or employment.
25 (b) The Board shall have general responsibility for the
26 implementation of this Act. Its duties include, without
27 limitation, the following:
28 (1) To decide promptly and in reasonable order all
29 license applications. Any party aggrieved by an action of
30 the Board denying, suspending, revoking, restricting or
31 refusing to renew a license may request a hearing before
32 the Board. A request for a hearing must be made to the
33 Board in writing within 5 days after service of notice of
34 the action of the Board. Notice of the action of the
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1 Board shall be served either by personal delivery or by
2 certified mail, postage prepaid, to the aggrieved party.
3 Notice served by certified mail shall be deemed complete
4 on the business day following the date of such mailing.
5 The Board shall conduct all requested hearings promptly
6 and in reasonable order;
7 (2) To conduct all hearings pertaining to civil
8 violations of this Act or rules and regulations
9 promulgated hereunder;
10 (3) To promulgate such rules and regulations as in
11 its judgment may be necessary to protect or enhance the
12 credibility and integrity of gambling operations
13 authorized by this Act and the regulatory process
14 hereunder;
15 (4) To provide for the establishment and collection
16 of all license and registration fees and taxes imposed by
17 this Act and the rules and regulations issued pursuant
18 hereto. All such fees and taxes shall be deposited into
19 the State Gaming Fund;
20 (5) To provide for the levy and collection of
21 penalties and fines for the violation of provisions of
22 this Act and the rules and regulations promulgated
23 hereunder. All such fines and penalties shall be
24 deposited into the Education Assistance Fund, created by
25 Public Act 86-0018, of the State of Illinois;
26 (6) To be present through its inspectors and agents
27 any time gambling operations are conducted on any
28 riverboat or at any land-based casino for the purpose of
29 certifying the revenue thereof, receiving complaints from
30 the public, and conducting such other investigations into
31 the conduct of the gambling games and the maintenance of
32 the equipment as from time to time the Board may deem
33 necessary and proper;
34 (7) To review and rule upon any complaint by a
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1 licensee regarding any investigative procedures of the
2 State which are unnecessarily disruptive of gambling
3 operations. The need to inspect and investigate shall be
4 presumed at all times. The disruption of a licensee's
5 operations shall be proved by clear and convincing
6 evidence, and establish that: (A) the procedures had no
7 reasonable law enforcement purposes, and (B) the
8 procedures were so disruptive as to unreasonably inhibit
9 gambling operations;
10 (8) To hold at least one meeting each quarter of
11 the fiscal year. In addition, special meetings may be
12 called by the Chairman or any 2 Board members upon 72
13 hours written notice to each member. All Board meetings
14 shall be subject to the Open Meetings Act. Three members
15 of the Board shall constitute a quorum, and 3 votes shall
16 be required for any final determination by the Board.
17 The Board shall keep a complete and accurate record of
18 all its meetings. A majority of the members of the Board
19 shall constitute a quorum for the transaction of any
20 business, for the performance of any duty, or for the
21 exercise of any power which this Act requires the Board
22 members to transact, perform or exercise en banc, except
23 that, upon order of the Board, one of the Board members
24 or an administrative law judge designated by the Board
25 may conduct any hearing provided for under this Act or by
26 Board rule and may recommend findings and decisions to
27 the Board. The Board member or administrative law judge
28 conducting such hearing shall have all powers and rights
29 granted to the Board in this Act. The record made at the
30 time of the hearing shall be reviewed by the Board, or a
31 majority thereof, and the findings and decision of the
32 majority of the Board shall constitute the order of the
33 Board in such case;
34 (9) To maintain records which are separate and
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1 distinct from the records of any other State board or
2 commission. Such records shall be available for public
3 inspection and shall accurately reflect all Board
4 proceedings;
5 (10) To file a written annual report with the
6 Governor on or before March 1 each year and such
7 additional reports as the Governor may request. The
8 annual report shall include a statement of receipts and
9 disbursements by the Board, actions taken by the Board,
10 and any additional information and recommendations which
11 the Board may deem valuable or which the Governor may
12 request;
13 (11) To review the patterns of wagering and wins
14 and losses by persons on riverboat and land-based casino
15 gambling operations under this Act, and make
16 recommendation to the Governor and the General Assembly,
17 by January 31, 1992, as to whether limits on wagering
18 losses should be imposed; and
19 (12) To assume responsibility for the
20 administration and enforcement of the Bingo License and
21 Tax Act, the Charitable Games Act, and the Pull Tabs and
22 Jar Games Act if such responsibility is delegated to it
23 by the Director of Revenue.
24 (c) The Board shall have jurisdiction over and shall
25 supervise all gambling operations governed by this Act. The
26 Board shall have all powers necessary and proper to fully and
27 effectively execute the provisions of this Act, including,
28 but not limited to, the following:
29 (1) To investigate applicants and determine the
30 eligibility of applicants for licenses and to select
31 among competing applicants the applicants which best
32 serve the interests of the citizens of Illinois.
33 (2) To have jurisdiction and supervision over all
34 riverboat and land-based casino gambling operations in
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1 this State and all persons on riverboats and in
2 land-based casinos where gambling operations are
3 conducted.
4 (3) To promulgate rules and regulations for the
5 purpose of administering the provisions of this Act and
6 to prescribe rules, regulations and conditions under
7 which all riverboat and land-based casino gambling in the
8 State shall be conducted. Such rules and regulations are
9 to provide for the prevention of practices detrimental to
10 the public interest and for the best interests of
11 riverboat and land-based casino gambling, including rules
12 and regulations regarding the inspection of such
13 riverboats and land-based casinos and the review of any
14 permits or licenses necessary to operate a riverboat
15 under any laws or regulations applicable to riverboats,
16 and to impose penalties for violations thereof.
17 (4) To enter the office, riverboats, land-based
18 casino facilities, other facilities, or other places of
19 business of a licensee, where evidence of the compliance
20 or noncompliance with the provisions of this Act is
21 likely to be found.
22 (5) To investigate alleged violations of this Act
23 or the rules of the Board and to take appropriate
24 disciplinary action against a licensee or a holder of an
25 occupational license for a violation, or institute
26 appropriate legal action for enforcement, or both.
27 (6) To adopt standards for the licensing of all
28 persons under this Act, as well as for electronic or
29 mechanical gambling games, and to establish fees for such
30 licenses.
31 (7) To adopt appropriate standards for all
32 riverboats, land-based casinos, and other facilities.
33 (8) To require that the records, including
34 financial or other statements of any licensee under this
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1 Act, shall be kept in such manner as prescribed by the
2 Board and that any such licensee involved in the
3 ownership or management of gambling operations submit to
4 the Board an annual balance sheet and profit and loss
5 statement, list of the stockholders or other persons
6 having a 1% or greater beneficial interest in the
7 gambling activities of each licensee, and any other
8 information the Board deems necessary in order to
9 effectively administer this Act and all rules,
10 regulations, orders and final decisions promulgated under
11 this Act.
12 (9) To conduct hearings, issue subpoenas for the
13 attendance of witnesses and subpoenas duces tecum for the
14 production of books, records and other pertinent
15 documents in accordance with the Illinois Administrative
16 Procedure Act, and to administer oaths and affirmations
17 to the witnesses, when, in the judgment of the Board, it
18 is necessary to administer or enforce this Act or the
19 Board rules.
20 (10) To prescribe a form to be used by any licensee
21 involved in the ownership or management of gambling
22 operations as an application for employment for their
23 employees.
24 (11) To revoke or suspend licenses, as the Board
25 may see fit and in compliance with applicable laws of the
26 State regarding administrative procedures, and to review
27 applications for the renewal of licenses. The Board may
28 suspend an owners license, without notice or hearing upon
29 a determination that the safety or health of patrons or
30 employees is jeopardized by continuing the a riverboat's
31 operation of a riverboat or land-based casino. The
32 suspension may remain in effect until the Board
33 determines that the cause for suspension has been abated.
34 The Board may revoke the owners license upon a
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1 determination that the owner has not made satisfactory
2 progress toward abating the hazard.
3 (12) To eject or exclude or authorize the ejection
4 or exclusion of, any person from riverboat or land-based
5 casino gambling facilities where such person is in
6 violation of this Act, rules and regulations thereunder,
7 or final orders of the Board, or where such person's
8 conduct or reputation is such that his presence within
9 the riverboat or land-based casino gambling facilities
10 may, in the opinion of the Board, call into question the
11 honesty and integrity of the gambling operations or
12 interfere with orderly conduct thereof; provided that the
13 propriety of such ejection or exclusion is subject to
14 subsequent hearing by the Board.
15 (13) To require all licensees of gambling
16 operations to utilize a cashless wagering system whereby
17 all players' money is converted to tokens, electronic
18 cards, or chips which shall be used only for wagering in
19 the gambling establishment.
20 (14) To authorize the routes of a riverboat and the
21 stops which a riverboat may make.
22 (15) To suspend, revoke or restrict licenses, to
23 require the removal of a licensee or an employee of a
24 licensee for a violation of this Act or a Board rule or
25 for engaging in a fraudulent practice, and to impose
26 civil penalties of up to $5,000 against individuals and
27 up to $10,000 or an amount equal to the daily gross
28 receipts, whichever is larger, against licensees for each
29 violation of any provision of the Act, any rules adopted
30 by the Board, any order of the Board or any other action
31 which, in the Board's discretion, is a detriment or
32 impediment to riverboat or land-based casino gambling
33 operations.
34 (16) To hire employees to gather information,
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1 conduct investigations and carry out any other tasks
2 contemplated under this Act.
3 (17) To establish minimum levels of insurance to be
4 maintained by licensees.
5 (18) To authorize a licensee to sell or serve
6 alcoholic liquors, wine or beer as defined in the Liquor
7 Control Act of 1934 on board a riverboat or at a
8 land-based casino and to have exclusive authority to
9 establish the hours for sale and consumption of alcoholic
10 liquor on board a riverboat or at a land-based casino,
11 notwithstanding any provision of the Liquor Control Act
12 of 1934 or any local ordinance. The establishment of the
13 hours for sale and consumption of alcoholic liquor on
14 board a riverboat or at a land-based casino is an
15 exclusive power and function of the State. A home rule
16 unit may not establish the hours for sale and consumption
17 of alcoholic liquor on board a riverboat or at a
18 land-based casino. This amendatory Act of 1991 is a
19 denial and limitation of home rule powers and functions
20 under subsection (h) of Section 6 of Article VII of the
21 Illinois Constitution.
22 (19) After consultation with the U.S. Army Corps of
23 Engineers, to establish binding emergency orders upon the
24 concurrence of a majority of the members of the Board
25 regarding the navigability of rivers in the event of
26 extreme weather conditions, acts of God or other extreme
27 circumstances.
28 (20) To delegate the execution of any of its powers
29 under this Act for the purpose of administering and
30 enforcing this Act and its rules and regulations
31 hereunder.
32 (21) To take any other action as may be reasonable
33 or appropriate to enforce this Act and rules and
34 regulations hereunder.
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1 (d) The Board may seek and shall receive the cooperation
2 of the Department of State Police in conducting background
3 investigations of applicants and in fulfilling its
4 responsibilities under this Section. Costs incurred by the
5 Department of State Police as a result of such cooperation
6 shall be paid by the Board in conformance with the
7 requirements of subsection 22 of Section 55a of The Civil
8 Administrative Code of Illinois.
9 (Source: P.A. 86-1029; 86-1389; 87-826.)
10 (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
11 Sec. 5.1. Disclosure of records.
12 (a) Notwithstanding any applicable statutory provision
13 to the contrary, the Board shall, on written request from any
14 person, provide information furnished by an applicant or
15 licensee concerning the applicant or licensee, his products,
16 services or gambling enterprises and his business holdings,
17 as follows:
18 (1) The name, business address and business
19 telephone number of any applicant or licensee.
20 (2) An identification of any applicant or licensee
21 including, if an applicant or licensee is not an
22 individual, the state of incorporation or registration,
23 the corporate officers, and the identity of all
24 shareholders or participants. If an applicant or
25 licensee has a pending registration statement filed with
26 the Securities and Exchange Commission, only the names of
27 those persons or entities holding interest of 5% or more
28 must be provided.
29 (3) An identification of any business, including,
30 if applicable, the state of incorporation or
31 registration, in which an applicant or licensee or an
32 applicant's or licensee's spouse or children has an
33 equity interest of more than 5%. If an applicant or
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1 licensee is a corporation, partnership or other business
2 entity, the applicant or licensee shall identify any
3 other corporation, partnership or business entity in
4 which it has an equity interest of 5% or more, including,
5 if applicable, the state of incorporation or
6 registration. This information need not be provided by a
7 corporation, partnership or other business entity that
8 has a pending registration statement filed with the
9 Securities and Exchange Commission.
10 (4) Whether an applicant or licensee has been
11 indicted, convicted, pleaded guilty or nolo contendere,
12 or forfeited bail concerning any criminal offense under
13 the laws of any jurisdiction, either felony or
14 misdemeanor (except for traffic violations), including
15 the date, the name and location of the court, arresting
16 agency and prosecuting agency, the case number, the
17 offense, the disposition and the location and length of
18 incarceration.
19 (5) Whether an applicant or licensee has had any
20 license or certificate issued by a licensing authority in
21 Illinois or any other jurisdiction denied, restricted,
22 suspended, revoked or not renewed and a statement
23 describing the facts and circumstances concerning the
24 denial, restriction, suspension, revocation or
25 non-renewal, including the licensing authority, the date
26 each such action was taken, and the reason for each such
27 action.
28 (6) Whether an applicant or licensee has ever filed
29 or had filed against it a proceeding in bankruptcy or has
30 ever been involved in any formal process to adjust,
31 defer, suspend or otherwise work out the payment of any
32 debt including the date of filing, the name and location
33 of the court, the case and number of the disposition.
34 (7) Whether an applicant or licensee has filed, or
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1 been served with a complaint or other notice filed with
2 any public body, regarding the delinquency in the payment
3 of, or a dispute over the filings concerning the payment
4 of, any tax required under federal, State or local law,
5 including the amount, type of tax, the taxing agency and
6 time periods involved.
7 (8) A statement listing the names and titles of all
8 public officials or officers of any unit of government,
9 and relatives of said public officials or officers who,
10 directly or indirectly, own any financial interest in,
11 have any beneficial interest in, are the creditors of or
12 hold any debt instrument issued by, or hold or have any
13 interest in any contractual or service relationship with,
14 an applicant or licensee.
15 (9) Whether an applicant or licensee has made,
16 directly or indirectly, any political contribution, or
17 any loans, donations or other payments, to any candidate
18 or office holder, within 5 years from the date of filing
19 the application, including the amount and the method of
20 payment.
21 (10) The name and business telephone number of the
22 counsel representing an applicant or licensee in matters
23 before the Board.
24 (11) A description of any proposed or approved
25 riverboat or land-based casino gaming operation,
26 including the type of boat (in the case of a riverboat),
27 home dock location (in the case of a riverboat), expected
28 economic benefit to the community, anticipated or actual
29 number of employees, any statement from an applicant or
30 licensee regarding compliance with federal and State
31 affirmative action guidelines, projected or actual
32 admissions and projected or actual adjusted gross gaming
33 receipts.
34 (12) A description of the product or service to be
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1 supplied by an applicant for a supplier's license.
2 (b) Notwithstanding any applicable statutory provision
3 to the contrary, the Board shall, on written request from any
4 person, also provide the following information:
5 (1) The amount of the wagering tax and admission
6 tax paid daily to the State of Illinois by the holder of
7 an owner's license.
8 (2) Whenever the Board finds an applicant for an
9 owner's license unsuitable for licensing, a copy of the
10 written letter outlining the reasons for the denial.
11 (3) Whenever the Board has refused to grant leave
12 for an applicant to withdraw his application, a copy of
13 the letter outlining the reasons for the refusal.
14 (c) Subject to the above provisions, the Board shall not
15 disclose any information which would be barred by:
16 (1) Section 7 of the Freedom of Information Act; or
17 (2) The statutes, rules, regulations or
18 intergovernmental agreements of any jurisdiction.
19 (d) The Board may assess fees for the copying of
20 information in accordance with Section 6 of the Freedom of
21 Information Act.
22 (Source: P.A. 87-826.)
23 (230 ILCS 10/6) (from Ch. 120, par. 2406)
24 Sec. 6. Application for Owners License.
25 (a) A qualified person may apply to the Board for an
26 owners license to conduct a riverboat gambling operation as
27 provided in this Act. The application shall be made on forms
28 provided by the Board and shall contain such information as
29 the Board prescribes, including but not limited to the
30 identity of the riverboat on which such gambling operation is
31 to be conducted and the exact location where such riverboat
32 will be docked and, a certification that the riverboat will
33 be registered under this Act at all times during which
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1 gambling operations are conducted on board (in the case of a
2 riverboat application), such information as the Board
3 requires by rule regarding the specifications of a proposed
4 land-based casino, detailed information regarding the
5 ownership and management of the applicant, and detailed
6 personal information regarding the applicant. Information
7 provided on the application shall be used as a basis for a
8 thorough background investigation which the Board shall
9 conduct with respect to each applicant. An incomplete
10 application shall be cause for denial of a license by the
11 Board.
12 (b) Applicants shall submit with their application all
13 documents, resolutions, and letters of support from the
14 governing body that represents the municipality or county
15 wherein the licensee will dock or in which a land-based
16 casino is proposed to be located.
17 (c) Each applicant shall disclose the identity of every
18 person, association, trust or corporation having a greater
19 than 1% direct or indirect pecuniary interest in the
20 riverboat or land-based casino gambling operation with
21 respect to which the license is sought. If the disclosed
22 entity is a trust, the application shall disclose the names
23 and addresses of the beneficiaries; if a corporation, the
24 names and addresses of all stockholders and directors; if a
25 partnership, the names and addresses of all partners, both
26 general and limited.
27 (d) An application shall be filed with the Board by
28 January 1 of the year preceding any calendar year for which
29 an applicant seeks an owners license; however, applications
30 for an owners license permitting operations on January 1,
31 1991 shall be filed by July 1, 1990 and applicants for
32 licenses authorizing land-based casino operations may be
33 filed in accordance with the rules of the Board. An
34 application fee of $50,000 shall be paid at the time of
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1 filing to defray the costs associated with the background
2 investigation conducted by the Board. If the costs of the
3 investigation exceed $50,000, the applicant shall pay the
4 additional amount to the Board. If the costs of the
5 investigation are less than $50,000, the applicant shall
6 receive a refund of the remaining amount. All information,
7 records, interviews, reports, statements, memoranda or other
8 data supplied to or used by the Board in the course of its
9 review or investigation of an application for a license under
10 this Act shall be privileged, strictly confidential and shall
11 be used only for the purpose of evaluating an applicant.
12 Such information, records, interviews, reports, statements,
13 memoranda or other data shall not be admissible as evidence,
14 nor discoverable in any action of any kind in any court or
15 before any tribunal, board, agency or person, except for any
16 action deemed necessary by the Board.
17 (e) The Board shall charge each applicant a fee set by
18 the Department of State Police to defray the costs associated
19 with the search and classification of fingerprints obtained
20 by the Board with respect to the applicant's application.
21 These fees shall be paid into the State Police Services Fund.
22 (f) The licensed owner shall be the person primarily
23 responsible for the boat or land-based casino itself. Only
24 one riverboat gambling operation may be authorized by the
25 Board on any riverboat. An The applicant for an owners
26 license authorizing riverboat gambling operations must
27 identify each riverboat it intends to use and certify that
28 the riverboat: (1) has the authorized capacity required in
29 this Act; (2) is accessible to disabled persons; (3) is
30 either a replica of a 19th century Illinois riverboat or of a
31 casino cruise ship design but, if licensed under Section 7.1,
32 it need not be self-propelled and may be permanently removed;
33 and (4) is fully registered and licensed in accordance with
34 any applicable laws.
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1 (g) A person who knowingly makes a false statement on an
2 application is guilty of a Class A misdemeanor.
3 (Source: P.A. 86-1029; 86-1389.)
4 (230 ILCS 10/7) (from Ch. 120, par. 2407)
5 Sec. 7. Owners Licenses.
6 (a) The Board shall issue owners licenses to persons,
7 firms or corporations which apply for such licenses upon
8 payment to the Board of the non-refundable license fee set by
9 the Board, upon payment of a $25,000 license fee for the
10 first year of operation and a $5,000 license fee for each
11 succeeding year and upon a determination by the Board that
12 the applicant is eligible for an owners license pursuant to
13 this Act and the rules of the Board. A person, firm or
14 corporation is ineligible to receive an owners license if:
15 (1) the person has been convicted of a felony under
16 the laws of this State, any other state, or the United
17 States;
18 (2) the person has been convicted of any violation
19 of Article 28 of the Criminal Code of 1961, or
20 substantially similar laws of any other 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) a person defined in (1), (2), (3) or (4) is an
25 officer, director or managerial employee of the firm or
26 corporation;
27 (6) the firm or corporation employs a person
28 defined in (1), (2), (3) or (4) who participates in the
29 management or operation of gambling operations authorized
30 under this Act;
31 (7) the person, firm or corporation owns more than
32 a 10% ownership interest in any entity holding an owners
33 license issued under this Act; or
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1 (8) a license of the person, firm or corporation
2 issued under this Act, or a license to own or operate
3 gambling facilities in any other jurisdiction, has been
4 revoked.
5 (b) In determining whether to grant an owners license to
6 an applicant, the Board shall consider:
7 (1) the character, reputation, experience and
8 financial integrity of the applicants and of any other or
9 separate person that either:
10 (A) controls, directly or indirectly, such
11 applicant, or
12 (B) is controlled, directly or indirectly, by
13 such applicant or by a person which controls,
14 directly or indirectly, such applicant;
15 (2) the facilities or proposed facilities for the
16 conduct of riverboat or land-based casino gambling;
17 (3) the highest prospective total revenue to be
18 derived by the State from the conduct of riverboat or
19 land-based casino gambling;
20 (4) the good faith affirmative action plan of each
21 applicant to recruit, train and upgrade minorities in all
22 employment classifications;
23 (5) the financial ability of the applicant to
24 purchase and maintain adequate liability and casualty
25 insurance;
26 (6) whether the applicant has adequate
27 capitalization to provide and maintain, for the duration
28 of a license, a riverboat or a land-based casino; and
29 (7) the extent to which the applicant exceeds or
30 meets other standards for the issuance of an owners
31 license which the Board may adopt by rule.
32 (c) Each owners license shall specify the place where
33 riverboats shall operate and dock or where land-based casino
34 gambling facilities shall be located.
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1 (d) Each applicant shall submit with his application, on
2 forms provided by the Board, 2 sets of his fingerprints.
3 (e) The Board may issue up to 10 licenses authorizing
4 the holders of such licenses to own riverboats. In the
5 application for an owners license, the applicant shall state
6 the dock at which the riverboat is based and the navigable
7 stream on which the riverboat will operate. The Board shall
8 issue 5 licenses to become effective not earlier than January
9 1, 1991. Four of such licenses shall authorize riverboat
10 gambling on the Mississippi River, one of which shall
11 authorize riverboat gambling from a home dock in the city of
12 East St. Louis. The other license shall authorize riverboat
13 gambling on the Illinois River south of Marshall County. The
14 Board shall issue 1 additional license to become effective
15 not earlier than March 1, 1992, which shall authorize
16 riverboat gambling on the Des Plaines River in Will County.
17 The Board may issue 4 additional licenses to become effective
18 not earlier than March 1, 1992. In determining the navigable
19 streams upon which riverboats will operate with licenses
20 effective on or after March 1, 1992, the Board shall consider
21 the economic benefit which riverboat gambling confers on the
22 State, and shall seek to assure that all regions of the State
23 share in the economic benefits of riverboat gambling.
24 (e-1) The Board may issue licenses authorizing the
25 licensees to conduct land-based casino gambling in accordance
26 with Section 7.1 of this Act. The Board shall adopt rules
27 regarding (i) license application requirements; (ii)
28 operating requirements, limitations, and restrictions; and
29 (iii) any other matters deemed necessary by the Board to
30 properly regulate land-based casino gambling.
31 (e-2) In granting all licenses, the Board may give
32 favorable consideration to economically depressed areas of
33 the State, to applicants presenting plans which provide for
34 significant economic development over a large geographic
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1 area, and, in the case of applicants for riverboat gambling
2 licenses, to applicants who currently operate non-gambling
3 riverboats in Illinois. The Board shall review all
4 applications for owners licenses, and shall inform each
5 applicant of the Board's decision.
6 (e-3) The Board may revoke the owners license of a
7 licensee which fails to begin regular riverboat cruises
8 within 12 months of receipt of the Board's approval of the
9 application if the Board determines that license revocation
10 is in the best interests of the State.
11 (f) The first 10 owners licenses issued under this Act
12 shall permit the holder to own up to 2 riverboats and
13 equipment thereon for a period of 3 years after the effective
14 date of the license.
15 (f-1) Holders of all the first 10 owners licenses must
16 pay the annual license fee for each of the 3 years during
17 which they are authorized to conduct gambling own riverboats.
18 (g) Upon the termination, expiration or revocation of
19 each of the first 10 licenses issued under this Act, which
20 shall be issued for a 3 year period, all licenses are
21 renewable annually upon payment of the fee and a
22 determination by the Board that the licensee continues to
23 meet all of the requirements of this Act and the Board's
24 rules.
25 (h) An owners license issued under this Section
26 authorizing operation of a riverboat shall entitle the
27 licensee to own up to 2 riverboats. A licensee operating a
28 riverboat shall limit the number of gambling participants to
29 1,200 for any such owners license. Riverboats licensed to
30 operate on the Mississippi River and the Illinois River south
31 of Marshall County shall have an authorized capacity of at
32 least 500 persons. Any other riverboat licensed under this
33 Act shall have an authorized capacity of at least 400
34 persons.
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1 (i) A licensed owner is authorized to apply to the Board
2 for and, if approved therefor, to receive all licenses from
3 the Board necessary for the operation of a riverboat or a
4 land-based casino gambling facility, including a liquor
5 license, a license to prepare and serve food for human
6 consumption, and other necessary licenses. All use,
7 occupation and excise taxes which apply to the sale of food
8 and beverages in this State and all taxes imposed on the sale
9 or use of tangible personal property apply to such sales
10 aboard a the riverboat or at a land-based casino gambling
11 operation.
12 (j) None of the first 5 licenses issued by the Board to
13 become effective not earlier than January 1, 1991 shall
14 authorize a riverboat to dock in a municipality with a
15 population of under 2,000; however, this restriction does not
16 apply to any additional riverboat licenses issued by the
17 Board to become effective not earlier than March 1, 1992.
18 The Board may issue a license authorizing a riverboat to dock
19 in a municipality only if, prior to the issuance of the
20 license, the governing body of the municipality has by a
21 majority vote approved the docking of riverboats in the
22 municipality. The Board may issue a license authorizing a
23 riverboat to dock in areas of a county outside any
24 municipality only if, prior to the issuance of the license,
25 the governing body of the county has by a majority vote
26 approved of the docking of riverboats within such areas.
27 (k) Nothing in this Act shall be interpreted to prohibit
28 a licensed owner from operating a school for the training of
29 any occupational licensee.
30 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
31 (230 ILCS 10/7.1 new)
32 Sec. 7.1. Riverboat gambling competition districts.
33 (a) The governing body of a municipality may form a
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1 riverboat gambling competition district if (i) the
2 municipality is experiencing severe economic distress, (ii)
3 the Gaming Board has issued a license to conduct riverboat
4 gambling in that municipality under Section 7 of this Act,
5 and (iii) the municipality is located within 5 miles of a
6 municipality in another state that has more than 250,000
7 inhabitants. The boundaries of a district created under this
8 subsection (a) shall be coterminous with the boundaries of
9 the municipality in which the district is located and the
10 governing body of the municipality shall be the governing
11 body of the district. Members of the governing body of a
12 district shall not receive compensation for their service to
13 the district, but may be reimbursed for actual expenses
14 incurred in carrying out duties of the district. The
15 governing body of a district may exercise powers necessary to
16 carry out the provisions of this Section.
17 (b) In a district created under this Section, the Gaming
18 Board shall issue one special owners license that shall be in
19 addition to the license granted under Section 7 of this Act
20 to applicant who meets the requirements of Section 6 of this
21 Act. The special license shall authorize gambling (i) on one
22 self-propelled or permanently docked riverboat that has a
23 home dock in the district or (ii) at a land-based casino that
24 is located within the district and is located within 2 miles
25 of a navigable stream.
26 (c) In evaluating applicants for a special owners
27 license, the governing body of the district and the Gaming
28 Board shall give favorable consideration to applicants that,
29 in addition to meeting the requirements of Section 6 of this
30 Act, provide in their applications for (i) significant
31 employment opportunities for persons in the district, (ii)
32 economic development in the district, and (iii) increased
33 revenue over a large geographic area in the State.
34 (d) In addition to the requirements of subsection (c) of
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1 this Section 7.1 and Section 6 of this Act, to qualify for a
2 special license under this Section, an applicant must be a
3 minority person or, if a business entity, be minority-owned.
4 As used in this subsection (d):
5 (1) "Minority-owned" means a business entity that
6 is at least 51% owned by one or more minority persons or,
7 in the case of a corporation, a business concern in which
8 at least 51% of the stock is owned by one or more
9 minority persons.
10 (2) "Minority person" means a person who is a
11 citizen or a lawful, permanent resident of the United
12 States and who is (i) African American, which means a
13 person having origins in any of the black racial groups
14 in Africa, or (ii) Hispanic, which means a person of
15 Spanish or Portuguese culture with origins in Mexico,
16 South America, Central America, or the Carribean Islands,
17 regardless of race.
18 (e) Before making any payment required under Section 13,
19 2% of the tax revenue received by a municipality from a
20 special owners licensee shall be split equally among all
21 municipalities that meet requirements established in
22 subsection (f) and are located in the same county as the
23 municipality in which the district is located. This revenue
24 shall be used to fund fire departments, police departments,
25 infrastructure improvements, and housing projects, but shall
26 not be used for administrative salary increases or paid to
27 any elected official. Moneys paid to a fire department or
28 police department shall be used to pay salaries for firemen,
29 if those firemen are not volunteer firemen, and police
30 officers, to purchase equipment, clothing, computer services,
31 training, and for employee benefits. Moneys used for
32 infrastructure improvements shall be used to repair, replace,
33 or construct sidewalks, streets, sewers, lights, fire
34 stations, or police stations. Moneys used for housing
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1 projects shall be used to establish a grant program for home
2 owners to assist them with major repairs including, but not
3 limited to roofing, plumbing, painting, heating, cooling, and
4 remodeling projects.
5 (f) In order to qualify for moneys under subsection (b)
6 a municipality must:
7 (1) have a high rate of unemployment;
8 (2) have an average income that is below the
9 national average;
10 (3) have a population, 30% or more of which is
11 comprised of welfare recipients;
12 (4) have a population, 70% or more of which is
13 comprised of minorities.
14 (230 ILCS 10/8) (from Ch. 120, par. 2408)
15 Sec. 8. Suppliers licenses.
16 (a) The Board may issue a suppliers license to such
17 persons, firms or corporations which apply therefor upon the
18 payment of a non-refundable application fee set by the Board,
19 upon a determination by the Board that the applicant is
20 eligible for a suppliers license and upon payment of a $5,000
21 annual license fee.
22 (b) The holder of a suppliers license is authorized to
23 sell or lease, and to contract to sell or lease, gambling
24 equipment and supplies to any licensee involved in the
25 ownership or management of gambling operations.
26 (c) Gambling supplies and equipment may not be
27 distributed unless supplies and equipment conform to
28 standards adopted by rules of the Board.
29 (d) A person, firm or corporation is ineligible to
30 receive a suppliers license if:
31 (1) the person has been convicted of a felony under
32 the laws of this State, any other state, or the United
33 States;
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1 (2) the person has been convicted of any violation
2 of Article 28 of the Criminal Code of 1961, or
3 substantially similar laws of any other jurisdiction;
4 (3) the person has submitted an application for a
5 license under this Act which contains false information;
6 (4) the person is a member of the Board;
7 (5) the firm or corporation is one in which a
8 person defined in (1), (2), (3) or (4), is an officer,
9 director or managerial employee;
10 (6) the firm or corporation employs a person who
11 participates in the management or operation of riverboat
12 gambling authorized under this Act;
13 (7) the license of the person, firm or corporation
14 issued under this Act, or a license to own or operate
15 gambling facilities in any other jurisdiction, has been
16 revoked.
17 (e) Any person that supplies any equipment, devices, or
18 supplies to a licensed riverboat or land-based casino
19 gambling operation must first obtain a suppliers license. A
20 supplier shall furnish to the Board a list of all equipment,
21 devices and supplies offered for sale or lease in connection
22 with gambling games authorized under this Act. A supplier
23 shall keep books and records for the furnishing of equipment,
24 devices and supplies to gambling operations separate and
25 distinct from any other business that the supplier might
26 operate. A supplier shall file a quarterly return with the
27 Board listing all sales and leases. A supplier shall
28 permanently affix its name to all its equipment, devices, and
29 supplies for gambling operations. Any supplier's equipment,
30 devices or supplies which are used by any person in an
31 unauthorized gambling operation shall be forfeited to the
32 State. A licensed owner may own its own equipment, devices
33 and supplies. Each holder of an owners license under the Act
34 shall file an annual report listing its inventories of
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1 gambling equipment, devices and supplies.
2 (f) Any person who knowingly makes a false statement on
3 an application is guilty of a Class A misdemeanor.
4 (g) Any gambling equipment, devices and supplies
5 provided by any licensed supplier may either be repaired on
6 the riverboat or at the land-based casino gambling facility
7 or removed from the riverboat or facility to a an on-shore
8 facility owned by the holder of an owners license for repair.
9 (Source: P.A. 86-1029; 87-826.)
10 (230 ILCS 10/9) (from Ch. 120, par. 2409)
11 Sec. 9. Occupational licenses.
12 (a) The Board may issue an occupational license to an
13 applicant upon the payment of a non-refundable fee set by the
14 Board, upon a determination by the Board that the applicant
15 is eligible for an occupational license and upon payment of
16 an annual license fee in an amount to be established. To be
17 eligible for an occupational license, an applicant must:
18 (1) be at least 21 years of age if the applicant
19 will perform any function involved in gaming by patrons.
20 Any applicant seeking an occupational license for a
21 non-gaming function shall be at least 18 years of age;
22 (2) not have been convicted of a felony offense, a
23 violation of Article 28 of the Criminal Code of 1961, or
24 a similar statute of any other jurisdiction, or a crime
25 involving dishonesty or moral turpitude;
26 (3) have demonstrated a level of skill or knowledge
27 which the Board determines to be necessary in order to
28 operate gambling aboard a riverboat or at a land-based
29 casino gambling facility; and
30 (4) have met standards for the holding of an
31 occupational license as adopted by rules of the Board.
32 Such rules shall provide that any person or entity
33 seeking an occupational license to manage gambling
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1 operations hereunder shall be subject to background
2 inquiries and further requirements similar to those
3 required of applicants for an owners license.
4 Furthermore, such rules shall provide that each such
5 entity shall be permitted to manage gambling operations
6 for only one licensed owner.
7 (b) Each application for an occupational license shall
8 be on forms prescribed by the Board and shall contain all
9 information required by the Board. The applicant shall set
10 forth in the application: whether he has been issued prior
11 gambling related licenses; whether he has been licensed in
12 any other state under any other name, and, if so, such name
13 and his age; and whether or not a permit or license issued to
14 him in any other state has been suspended, restricted or
15 revoked, and, if so, for what period of time.
16 (c) Each applicant shall submit with his application, on
17 forms provided by the Board, 2 sets of his fingerprints. The
18 Board shall charge each applicant a fee set by the Department
19 of State Police to defray the costs associated with the
20 search and classification of fingerprints obtained by the
21 Board with respect to the applicant's application. These
22 fees shall be paid into the State Police Services Fund.
23 (d) The Board may in its discretion refuse an
24 occupational license to any person: (1) who is unqualified to
25 perform the duties required of such applicant; (2) who fails
26 to disclose or states falsely any information called for in
27 the application; (3) who has been found guilty of a violation
28 of this Act or whose prior gambling related license or
29 application therefor has been suspended, restricted, revoked
30 or denied for just cause in any other state; or (4) for any
31 other just cause.
32 (e) The Board may suspend, revoke or restrict any
33 occupational licensee: (1) for violation of any provision of
34 this Act; (2) for violation of any of the rules and
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1 regulations of the Board; (3) for any cause which, if known
2 to the Board, would have disqualified the applicant from
3 receiving such license; or (4) for default in the payment of
4 any obligation or debt due to the State of Illinois; or (5)
5 for any other just cause.
6 (f) A person who knowingly makes a false statement on an
7 application is guilty of a Class A misdemeanor.
8 (g) Any license issued pursuant to this Section shall be
9 valid for a period of one year from the date of issuance.
10 (h) Nothing in this Act shall be interpreted to prohibit
11 a licensed owner from entering into an agreement with a
12 school approved under the Private Business and Vocational
13 Schools Act for the training of any occupational licensee.
14 Any training offered by such a school shall be in accordance
15 with a written agreement between the licensed owner and the
16 school.
17 (i) Any training provided for occupational licensees may
18 be conducted either on the riverboat or land-based gambling
19 facility or at a school with which a licensed owner has
20 entered into an agreement pursuant to subsection (h).
21 (Source: P.A. 86-1029; 87-826.)
22 (230 ILCS 10/11) (from Ch. 120, par. 2411)
23 Sec. 11. Conduct of gambling.
24 (a) Gambling may be conducted by licensed owners aboard
25 riverboats, subject to the following standards:
26 (1) Except as provided in Section 7.1, no gambling
27 may be conducted while a riverboat is docked.
28 (2) Riverboat cruises may not exceed 4 hours for a
29 round trip, with the exception of any extended cruises,
30 each of which shall be expressly approved by the Board.
31 (3) Minimum and maximum wagers on games shall be
32 set by the licensee.
33 (4) Agents of the Board and the Department of State
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1 Police may board and inspect any riverboat or enter and
2 inspect any land-based casino gambling facility at any
3 time for the purpose of determining whether this Act is
4 being complied with. Every riverboat, if under way and
5 being hailed by a law enforcement officer or agent of the
6 Board, must stop immediately and lay to.
7 (5) Employees of the Board shall have the right to
8 be present on the riverboat, on the premises of a
9 land-based casino gambling facility, or on adjacent
10 facilities under the control of the licensee.
11 (6) Gambling equipment and supplies customarily
12 used in conducting riverboat gambling must be purchased
13 or leased only from suppliers licensed for such purpose
14 under this Act.
15 (7) Persons licensed under this Act shall permit no
16 form of wagering on gambling games except as permitted by
17 this Act.
18 (8) Wagers may be received only from a person
19 present on a licensed riverboat or at a land-based casino
20 gambling facility. No person present on a licensed
21 riverboat or at a land-based casino gambling facility
22 shall place or attempt to place a wager on behalf of
23 another person who is not present on the riverboat.
24 (9) Wagering shall not be conducted with money or
25 other negotiable currency.
26 (10) A person under age 21 shall not be permitted
27 on an area of a riverboat or a land-based casino gambling
28 facility where gambling is being conducted, except for a
29 person at least 18 years of age who is an employee of the
30 riverboat gambling operation. No employee under age 21
31 shall perform any function involved in gambling by the
32 patrons. No person under age 21 shall be permitted to
33 make a wager under this Act.
34 (11) Riverboat gambling excursion cruises are
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1 permitted only when the navigable stream for which the
2 riverboat is licensed is navigable, as determined by the
3 Board in consultation with the U.S. Army Corps of
4 Engineers except as provided in Section 7.1.
5 (12) All tokens, chips or electronic cards used to
6 make wagers must be purchased from a licensed owner (i)
7 in the case of a riverboat, either aboard the a riverboat
8 or at an onshore facility which has been approved by the
9 Board and which is located where the riverboat docks or
10 (ii) in the case of a land-based casino gambling
11 facility, at the facility. The tokens, chips or
12 electronic cards may be purchased by means of an
13 agreement under which the owner extends credit to the
14 patron. Such tokens, chips or electronic cards may be
15 used while aboard the riverboat or at the land-based
16 casino gambling facility only for the purpose of making
17 wagers on gambling games.
18 (13) Notwithstanding any other Section of this Act,
19 in addition to the other licenses authorized under this
20 Act, the Board may issue special event licenses allowing
21 persons who are not otherwise licensed to conduct
22 riverboat gambling to conduct riverboat such gambling on
23 a specified date or series of dates. Riverboat gambling
24 under such a license may take place on a riverboat not
25 normally used for riverboat gambling. The Board shall
26 establish standards, fees and fines for, and limitations
27 upon, such licenses, which may differ from the standards,
28 fees, fines and limitations otherwise applicable under
29 this Act. Special event licenses for land-based casino
30 gambling may not be issued. All such fees shall be
31 deposited into the State Gaming Fund. All such fines
32 shall be deposited into the Education Assistance Fund,
33 created by Public Act 86-0018, of the State of Illinois.
34 (14) In addition to the above, gambling must be
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1 conducted in accordance with all rules adopted by the
2 Board.
3 (b) Subdivisions (1), (2), and (11) of subsection (a) do
4 not apply to land-based casino gambling operations.
5 (Source: P.A. 86-1029; 86-1389; 87-826.)
6 (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
7 Sec. 11.1. Collection of amounts owing under credit
8 agreements. Notwithstanding any applicable statutory
9 provision to the contrary, a licensed owner who extends
10 credit to a riverboat gambling patron pursuant to Section 11
11 (a) (12) of this Act is expressly authorized to institute a
12 cause of action to collect any amounts due and owing under
13 the extension of credit, as well as the owner's costs,
14 expenses and reasonable attorney's fees incurred in
15 collection.
16 (Source: P.A. 86-1029; 86-1389; 87-826.)
17 (230 ILCS 10/12) (from Ch. 120, par. 2412)
18 Sec. 12. Admission tax; fees.
19 (a) A tax is hereby imposed upon admissions to gambling
20 excursions and upon admissions to land-based casino gambling
21 facilities authorized pursuant to this Act at a rate of $2
22 per person admitted. This admission tax is imposed upon the
23 licensed owner conducting the gambling excursion or operating
24 the land-based casino gambling facility.
25 (1) If tickets are issued which are good for more
26 than one riverboat gambling excursion, the admission tax
27 shall be paid for each person using the ticket on each
28 gambling excursion for which the ticket is used.
29 (2) If free passes or complimentary admission
30 tickets are issued, the licensee shall pay the same tax
31 upon these passes or complimentary tickets as if they
32 were sold at the regular and usual admission rate.
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1 (3) The riverboat licensee may issue tax-free
2 passes to actual and necessary officials and employees of
3 the licensee or other persons actually working on the
4 riverboat or at the land-based casino gambling facility.
5 (4) The number and issuance of tax-free passes is
6 subject to the rules of the Board, and a list of all
7 persons to whom the tax-free passes are issued shall be
8 filed with the Board.
9 (b) From the $2 tax imposed under subsection (a), a
10 municipality shall receive from the State $1 for each person
11 embarking on a riverboat docked within the municipality and
12 for each person admitted to a land-based casino gambling
13 facility located within the municipality, and a county shall
14 receive $1 for each person embarking on a riverboat docked
15 within the county but outside the boundaries of any
16 municipality. The municipality's or county's share shall be
17 collected by the Board on behalf of the State and remitted
18 quarterly by the State, subject to appropriation, to the
19 treasurer of the unit of local government for deposit in the
20 general fund.
21 (c) The licensed owner shall pay the entire admission
22 tax to the Board. Such payments shall be made daily.
23 Accompanying each payment shall be a return on forms provided
24 by the Board which shall include other information regarding
25 admissions as the Board may require. Failure to submit
26 either the payment or the return within the specified time
27 may result in suspension or revocation of the owners license.
28 (d) The Board shall administer and collect the admission
29 tax imposed by this Section, to the extent practicable, in a
30 manner consistent with the provisions of Sections 4, 5, 5a,
31 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
32 the Retailers' Occupation Tax Act and Section 3-7 of the
33 Uniform Penalty and Interest Act.
34 (Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)
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1 (230 ILCS 10/13) (from Ch. 120, par. 2413)
2 Sec. 13. Wagering tax; Rate; Distribution.
3 (a) A tax is imposed on the adjusted gross receipts
4 received from gambling games authorized under this Act at the
5 rate of 20%. The taxes imposed by this Section shall be paid
6 by the licensed owner to the Board after the close of the day
7 when the wagers were made.
8 (b) After any payments required by Section 7.1 have been
9 made, Twenty-five percent (25%) of the tax revenue deposited
10 in the State Gaming Fund under this Section shall be paid,
11 subject to appropriation by the General Assembly, to the unit
12 of local government which is designated as the home dock of
13 the riverboat or the municipality designated as the location
14 of a land-based casino gambling operation.
15 (c) Appropriations, as approved by the General Assembly,
16 may be made from the State Gaming Fund to the Department of
17 Revenue and the Department of State Police for the
18 administration and enforcement of this Act.
19 (d) From time to time, the Board shall transfer the
20 remainder of the funds generated by this Act into the
21 Education Assistance Fund, created by Public Act 86-0018, of
22 the State of Illinois.
23 (e) Nothing in this Act shall prohibit the unit of local
24 government designated as the home dock of the riverboat from
25 entering into agreements with other units of local government
26 in this State or in other states to share its portion of the
27 tax revenue.
28 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
29 (230 ILCS 10/18) (from Ch. 120, par. 2418)
30 Sec. 18. Prohibited Activities - Penalty.
31 (a) A person is guilty of a Class A misdemeanor for
32 doing any of the following:
33 (1) Operating a gambling excursion or a land-based
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1 casino gambling facility where wagering is used or to be
2 used without a license issued by the Board.
3 (2) Operating a gambling excursion or a land-based
4 casino gambling facility where wagering is permitted
5 other than in the manner specified by Section 11.
6 (b) A person is guilty of a Class B misdemeanor for
7 doing any of the following:
8 (1) permitting a person under 21 years to make a
9 wager; or
10 (2) violating paragraph (12) of subsection (a) of
11 Section 11 of this Act.
12 (c) A person wagering or accepting a wager at any
13 location outside the riverboat or a land-based casino
14 gambling facility is subject to the penalties in paragraphs
15 (1) or (2) of subsection (a) of Section 28-1 of the Criminal
16 Code of 1961.
17 (d) A person commits a Class 4 felony and, in addition,
18 shall be barred for life from riverboats and land-based
19 casino gambling facilities under the jurisdiction of the
20 Board, if the person does any of the following:
21 (1) Offers, promises, or gives anything of value or
22 benefit to a person who is connected with a riverboat
23 owner including, but not limited to, an officer or
24 employee of a licensed owner or holder of an occupational
25 license pursuant to an agreement or arrangement or with
26 the intent that the promise or thing of value or benefit
27 will influence the actions of the person to whom the
28 offer, promise, or gift was made in order to affect or
29 attempt to affect the outcome of a gambling game, or to
30 influence official action of a member of the Board.
31 (2) Solicits or knowingly accepts or receives a
32 promise of anything of value or benefit while the person
33 is connected with a riverboat or a land-based casino
34 gambling operation including, but not limited to, an
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1 officer or employee of a licensed owner, or holder of an
2 occupational license, pursuant to an understanding or
3 arrangement or with the intent that the promise or thing
4 of value or benefit will influence the actions of the
5 person to affect or attempt to affect the outcome of a
6 gambling game, or to influence official action of a
7 member of the Board.
8 (3) Uses or possesses with the intent to use a
9 device to assist:
10 (i) In projecting the outcome of the game.
11 (ii) In keeping track of the cards played.
12 (iii) In analyzing the probability of the
13 occurrence of an event relating to the gambling
14 game.
15 (iv) In analyzing the strategy for playing or
16 betting to be used in the game except as permitted
17 by 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
21 to violate any provision of this Act.
22 (6) Alters or misrepresents the outcome of a
23 gambling game on which wagers have been made after the
24 outcome is made sure but before it is revealed to the
25 players.
26 (7) Places a bet after acquiring knowledge, not
27 available to all players, of the outcome of the gambling
28 game which is subject of the bet or to aid a person in
29 acquiring the knowledge for the purpose of placing a bet
30 contingent on that outcome.
31 (8) Claims, collects, or takes, or attempts to
32 claim, collect, or take, money or anything of value in or
33 from the gambling games, with intent to defraud, without
34 having made a wager contingent on winning a gambling
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1 game, or claims, collects, or takes an amount of money or
2 thing of value of greater value than the amount won.
3 (9) Uses counterfeit chips or tokens in a gambling
4 game.
5 (10) Possesses any key or device designed for the
6 purpose of opening, entering, or affecting the operation
7 of a gambling game, drop box, or an electronic or
8 mechanical device connected with the gambling game or for
9 removing coins, tokens, chips or other contents of a
10 gambling game. This paragraph (10) does not apply to a
11 gambling licensee or employee of a gambling licensee
12 acting in furtherance of the employee's employment.
13 (e) The possession of more than one of the devices
14 described in subsection (d), paragraphs (3), (5) or (10)
15 permits a rebuttable presumption that the possessor intended
16 to use the devices for cheating.
17 An action to prosecute any crime occurring during a
18 gambling excursion or at a land-based casino gambling
19 facility shall be tried in the county of the dock at which
20 the riverboat is based or the county in which the land-based
21 casino gambling facility is located.
22 (Source: P.A. 86-1029; 87-826.)
23 (230 ILCS 10/19) (from Ch. 120, par. 2419)
24 Sec. 19. Forfeiture of property.
25 (a) Except as provided in subsection (b), any riverboat
26 or land-based facility used for the conduct of gambling games
27 in violation of this Act shall be considered a gambling place
28 in violation of Section 28-3 of the Criminal Code of 1961, as
29 now or hereafter amended. Every gambling device found on a
30 riverboat or at a land-based casino gambling facility
31 operating gambling games in violation of this Act shall be
32 subject to seizure, confiscation and destruction as provided
33 in Section 28-5 of the Criminal Code of 1961, as now or
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1 hereafter amended.
2 (b) It is not a violation of this Act for a riverboat or
3 other watercraft which is licensed for gaming by a contiguous
4 state to dock on the shores of this State if the municipality
5 having jurisdiction of the shores, or the county in the case
6 of unincorporated areas, has granted permission for docking
7 and no gaming is conducted on the riverboat or other
8 watercraft while it is docked on the shores of this State. No
9 gambling device shall be subject to seizure, confiscation or
10 destruction if the gambling device is located on a riverboat
11 or other watercraft which is licensed for gaming by a
12 contiguous state and which is docked on the shores of this
13 State if the municipality having jurisdiction of the shores,
14 or the county in the case of unincorporated areas, has
15 granted permission for docking and no gaming is conducted on
16 the riverboat or other watercraft while it is docked on the
17 shores of this State.
18 (Source: P.A. 86-1029.)
19 (230 ILCS 10/20) (from Ch. 120, par. 2420)
20 Sec. 20. Prohibited activities - civil penalties. Any
21 person who conducts a gambling operation without first
22 obtaining a license to do so, or who continues to conduct
23 such games after revocation of his license, or any licensee
24 who conducts or allows to be conducted any unauthorized
25 gambling games on a riverboat where it is authorized to
26 conduct its riverboat gambling operation or at its licensed
27 land-based gambling facility, in addition to other penalties
28 provided, shall be subject to a civil penalty equal to the
29 amount of gross receipts derived from wagering on the
30 gambling games, whether unauthorized or authorized, conducted
31 on that day as well as confiscation and forfeiture of all
32 gambling game equipment used in the conduct of unauthorized
33 gambling games.
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1 (Source: P.A. 86-1029.)
2 Section 15. The Liquor Control Act of 1934 is amended by
3 changing Section 6-30 as follows:
4 (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
5 Sec. 6-30. Notwithstanding any other provision of this
6 Act, the Illinois Gaming Board shall have exclusive authority
7 to establish the hours for sale and consumption of alcoholic
8 liquor on board a riverboat or at a land-based casino
9 licensed during riverboat gambling excursions conducted in
10 accordance with the Riverboat Gambling Act.
11 (Source: P.A. 87-826.)
12 Section 20. The Criminal Code of 1961 is amended by
13 changing Sections 28-1, 28-1.1, 28-5, and 28-7 as follows:
14 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
15 Sec. 28-1. Gambling.
16 (a) A person commits gambling when he:
17 (1) Plays a game of chance or skill for money or
18 other thing of value, unless excepted in subsection (b)
19 of this Section; or
20 (2) Makes a wager upon the result of any game,
21 contest, or any political nomination, appointment or
22 election; or
23 (3) Operates, keeps, owns, uses, purchases,
24 exhibits, rents, sells, bargains for the sale or lease
25 of, manufactures or distributes any gambling device; or
26 (4) Contracts to have or give himself or another
27 the option to buy or sell, or contracts to buy or sell,
28 at a future time, any grain or other commodity
29 whatsoever, or any stock or security of any company,
30 where it is at the time of making such contract intended
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1 by both parties thereto that the contract to buy or sell,
2 or the option, whenever exercised, or the contract
3 resulting therefrom, shall be settled, not by the receipt
4 or delivery of such property, but by the payment only of
5 differences in prices thereof; however, the issuance,
6 purchase, sale, exercise, endorsement or guarantee, by or
7 through a person registered with the Secretary of State
8 pursuant to Section 8 of the Illinois Securities Law of
9 1953, or by or through a person exempt from such
10 registration under said Section 8, of a put, call, or
11 other option to buy or sell securities which have been
12 registered with the Secretary of State or which are
13 exempt from such registration under Section 3 of the
14 Illinois Securities Law of 1953 is not gambling within
15 the meaning of this paragraph (4); or
16 (5) Knowingly owns or possesses any book,
17 instrument or apparatus by means of which bets or wagers
18 have been, or are, recorded or registered, or knowingly
19 possesses any money which he has received in the course
20 of a bet or wager; or
21 (6) Sells pools upon the result of any game or
22 contest of skill or chance, political nomination,
23 appointment or election; or
24 (7) Sets up or promotes any lottery or sells,
25 offers to sell or transfers any ticket or share for any
26 lottery; or
27 (8) Sets up or promotes any policy game or sells,
28 offers to sell or knowingly possesses or transfers any
29 policy ticket, slip, record, document or other similar
30 device; or
31 (9) Knowingly drafts, prints or publishes any
32 lottery ticket or share, or any policy ticket, slip,
33 record, document or similar device, except for such
34 activity related to lotteries, bingo games and raffles
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1 authorized by and conducted in accordance with the laws
2 of Illinois or any other state or foreign government; or
3 (10) Knowingly advertises any lottery or policy
4 game, except for such activity related to lotteries,
5 bingo games and raffles authorized by and conducted in
6 accordance with the laws of Illinois or any other state;
7 or
8 (11) Knowingly transmits information as to wagers,
9 betting odds, or changes in betting odds by telephone,
10 telegraph, radio, semaphore or similar means; or
11 knowingly installs or maintains equipment for the
12 transmission or receipt of such information; except that
13 nothing in this subdivision (11) prohibits transmission
14 or receipt of such information for use in news reporting
15 of sporting events or contests.
16 (b) Participants in any of the following activities
17 shall not be convicted of gambling therefor:
18 (1) Agreements to compensate for loss caused by the
19 happening of chance including without limitation
20 contracts of indemnity or guaranty and life or health or
21 accident insurance;
22 (2) Offers of prizes, award or compensation to the
23 actual contestants in any bona fide contest for the
24 determination of skill, speed, strength or endurance or
25 to the owners of animals or vehicles entered in such
26 contest;
27 (3) Pari-mutuel betting as authorized by the law of
28 this State;
29 (4) Manufacture of gambling devices, including the
30 acquisition of essential parts therefor and the assembly
31 thereof, for transportation in interstate or foreign
32 commerce to any place outside this State when such
33 transportation is not prohibited by any applicable
34 Federal law;
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1 (5) The game commonly known as "bingo", when
2 conducted in accordance with the Bingo License and Tax
3 Act;
4 (6) Lotteries when conducted by the State of
5 Illinois in accordance with the Illinois Lottery Law;
6 (7) Possession of an antique slot machine that is
7 neither used nor intended to be used in the operation or
8 promotion of any unlawful gambling activity or
9 enterprise. For the purpose of this subparagraph (b)(7),
10 an antique slot machine is one manufactured 25 years ago
11 or earlier;
12 (8) Raffles when conducted in accordance with the
13 Raffles Act;
14 (9) Charitable games when conducted in accordance
15 with the Charitable Games Act;
16 (10) Pull tabs and jar games when conducted under
17 the Illinois Pull Tabs and Jar Games Act; or
18 (11) Gambling games conducted on riverboats when
19 authorized by the Riverboat Gambling Act.
20 (c) Sentence.
21 Gambling under subsection (a)(1) or (a)(2) of this
22 Section is a Class A misdemeanor. Gambling under any of
23 subsections (a)(3) through (a)(11) of this Section is a Class
24 A misdemeanor. A second or subsequent conviction under any
25 of subsections (a)(3) through (a)(11), is a Class 4 felony.
26 (d) Circumstantial evidence.
27 In prosecutions under subsection (a)(1) through (a)(11)
28 of this Section circumstantial evidence shall have the same
29 validity and weight as in any criminal prosecution.
30 (Source: P.A. 86-1029; 87-435.)
31 (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
32 Sec. 28-1.1. Syndicated gambling.
33 (a) Declaration of Purpose. Recognizing the close
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1 relationship between professional gambling and other
2 organized crime, it is declared to be the policy of the
3 legislature to restrain persons from engaging in the business
4 of gambling for profit in this State. This Section shall be
5 liberally construed and administered with a view to carrying
6 out this policy.
7 (b) A person commits syndicated gambling when he
8 operates a "policy game" or engages in the business of
9 bookmaking.
10 (c) A person "operates a policy game" when he knowingly
11 uses any premises or property for the purpose of receiving or
12 knowingly does receive from what is commonly called "policy":
13 (1) money from a person other than the better or
14 player whose bets or plays are represented by such money;
15 or
16 (2) written "policy game" records, made or used
17 over any period of time, from a person other than the
18 better or player whose bets or plays are represented by
19 such written record.
20 (d) A person engages in bookmaking when he receives or
21 accepts more than five bets or wagers upon the result of any
22 trials or contests of skill, speed or power of endurance or
23 upon any lot, chance, casualty, unknown or contingent event
24 whatsoever, which bets or wagers shall be of such size that
25 the total of the amounts of money paid or promised to be paid
26 to such bookmaker on account thereof shall exceed $2,000.
27 Bookmaking is the receiving or accepting of such bets or
28 wagers regardless of the form or manner in which the
29 bookmaker records them.
30 (e) Participants in any of the following activities
31 shall not be convicted of syndicated gambling:
32 (1) Agreements to compensate for loss caused by the
33 happening of chance including without limitation
34 contracts of indemnity or guaranty and life or health or
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1 accident insurance; and
2 (2) Offers of prizes, award or compensation to the
3 actual contestants in any bona fide contest for the
4 determination of skill, speed, strength or endurance or
5 to the owners of animals or vehicles entered in such
6 contest; and
7 (3) Pari-mutuel betting as authorized by law of
8 this State; and
9 (4) Manufacture of gambling devices, including the
10 acquisition of essential parts therefor and the assembly
11 thereof, for transportation in interstate or foreign
12 commerce to any place outside this State when such
13 transportation is not prohibited by any applicable
14 Federal law; and
15 (5) Raffles when conducted in accordance with the
16 Raffles Act; and
17 (6) Gambling games conducted on riverboats when
18 authorized by the Riverboat Gambling Act.
19 (f) Sentence. Syndicated gambling is a Class 3 felony.
20 (Source: P.A. 86-1029; 87-435.)
21 (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
22 Sec. 28-5. Seizure of gambling devices and gambling
23 funds.
24 (a) Every device designed for gambling which is
25 incapable of lawful use or every device used unlawfully for
26 gambling shall be considered a "gambling device", and shall
27 be subject to seizure, confiscation and destruction by the
28 Department of State Police or by any municipal, or other
29 local authority, within whose jurisdiction the same may be
30 found. As used in this Section, a "gambling device" includes
31 any slot machine, and includes any machine or device
32 constructed for the reception of money or other thing of
33 value and so constructed as to return, or to cause someone to
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1 return, on chance to the player thereof money, property or a
2 right to receive money or property. With the exception of
3 any device designed for gambling which is incapable of lawful
4 use, no gambling device shall be forfeited or destroyed
5 unless an individual with a property interest in said device
6 knows of the unlawful use of the device.
7 (b) Every gambling device shall be seized and forfeited
8 to the county wherein such seizure occurs. Any money or
9 other thing of value integrally related to acts of gambling
10 shall be seized and forfeited to the county wherein such
11 seizure occurs.
12 (c) If, within 60 days after any seizure pursuant to
13 subparagraph (b) of this Section, a person having any
14 property interest in the seized property is charged with an
15 offense, the court which renders judgment upon such charge
16 shall, within 30 days after such judgment, conduct a
17 forfeiture hearing to determine whether such property was a
18 gambling device at the time of seizure. Such hearing shall
19 be commenced by a written petition by the State, including
20 material allegations of fact, the name and address of every
21 person determined by the State to have any property interest
22 in the seized property, a representation that written notice
23 of the date, time and place of such hearing has been mailed
24 to every such person by certified mail at least 10 days
25 before such date, and a request for forfeiture. Every such
26 person may appear as a party and present evidence at such
27 hearing. The quantum of proof required shall be a
28 preponderance of the evidence, and the burden of proof shall
29 be on the State. If the court determines that the seized
30 property was a gambling device at the time of seizure, an
31 order of forfeiture and disposition of the seized property
32 shall be entered: a gambling device shall be received by the
33 State's Attorney, who shall effect its destruction, except
34 that valuable parts thereof may be liquidated and the
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1 resultant money shall be deposited in the general fund of the
2 county wherein such seizure occurred; money and other things
3 of value shall be received by the State's Attorney and, upon
4 liquidation, shall be deposited in the general fund of the
5 county wherein such seizure occurred. However, in the event
6 that a defendant raises the defense that the seized slot
7 machine is an antique slot machine described in subparagraph
8 (b) (7) of Section 28-1 of this Code and therefore he is
9 exempt from the charge of a gambling activity participant,
10 the seized antique slot machine shall not be destroyed or
11 otherwise altered until a final determination is made by the
12 Court as to whether it is such an antique slot machine. Upon
13 a final determination by the Court of this question in favor
14 of the defendant, such slot machine shall be immediately
15 returned to the defendant. Such order of forfeiture and
16 disposition shall, for the purposes of appeal, be a final
17 order and judgment in a civil proceeding.
18 (d) If a seizure pursuant to subparagraph (b) of this
19 Section is not followed by a charge pursuant to subparagraph
20 (c) of this Section, or if the prosecution of such charge is
21 permanently terminated or indefinitely discontinued without
22 any judgment of conviction or acquittal (1) the State's
23 Attorney shall commence an in rem proceeding for the
24 forfeiture and destruction of a gambling device, or for the
25 forfeiture and deposit in the general fund of the county of
26 any seized money or other things of value, or both, in the
27 circuit court and (2) any person having any property interest
28 in such seized gambling device, money or other thing of value
29 may commence separate civil proceedings in the manner
30 provided by law.
31 (e) Any gambling device displayed for sale to a
32 riverboat gambling operation or used to train occupational
33 licensees of a riverboat gambling operation as authorized
34 under the Riverboat Gambling Act is exempt from seizure under
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1 this Section.
2 (f) Any gambling equipment, devices and supplies
3 provided by a licensed supplier in accordance with the
4 Riverboat Gambling Act which are removed from the riverboat
5 or land-based casino gambling facility for repair are exempt
6 from seizure under this Section.
7 (Source: P.A. 87-826.)
8 (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
9 Sec. 28-7. Gambling contracts void.
10 (a) All promises, notes, bills, bonds, covenants,
11 contracts, agreements, judgments, mortgages, or other
12 securities or conveyances made, given, granted, drawn, or
13 entered into, or executed by any person whatsoever, where the
14 whole or any part of the consideration thereof is for any
15 money or thing of value, won or obtained in violation of any
16 Section of this Article are null and void.
17 (b) Any obligation void under this Section may be set
18 aside and vacated by any court of competent jurisdiction,
19 upon a complaint filed for that purpose, by the person so
20 granting, giving, entering into, or executing the same, or by
21 his executors or administrators, or by any creditor, heir,
22 legatee, purchaser or other person interested therein; or if
23 a judgment, the same may be set aside on motion of any person
24 stated above, on due notice thereof given.
25 (c) No assignment of any obligation void under this
26 Section may in any manner affect the defense of the person
27 giving, granting, drawing, entering into or executing such
28 obligation, or the remedies of any person interested therein.
29 (d) This Section shall not prevent a licensed owner of a
30 riverboat gambling operation from instituting a cause of
31 action to collect any amount due and owing under an extension
32 of credit to a riverboat gambling patron as authorized under
33 the Riverboat Gambling Act.
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1 (Source: P.A. 87-826.)
2 Section 25. The Travel Promotion Consumer Protection Act
3 is 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
9 or retail transportation by air, land, sea or navigable
10 stream, either separately or in conjunction with other
11 services. "Travel promoter" does not include (1) an air
12 carrier; (2) a sea carrier; (3) an officially appointed agent
13 of an air carrier who is a member in good standing of the
14 Airline Reporting Corporation; or (4) a travel promoter who
15 has in force $1,000,000 or more of liability insurance
16 coverage for professional errors and omissions and a surety
17 bond or equivalent surety in the amount of $100,000 or more
18 for the benefit of consumers in the event of a bankruptcy on
19 the part of the travel promoter; or (5) a riverboat or
20 land-based casino gambling operation subject to regulation
21 under the Riverboat Gambling Act.
22 (b) "Advertise" means to make any representation in the
23 solicitation of passengers and includes communication with
24 other members of the same partnership, corporation, joint
25 venture, association, organization, group or other entity.
26 (c) "Passenger" means a person on whose behalf money or
27 other consideration has been given or is to be given to
28 another, including another member of the same partnership,
29 corporation, joint venture, association, organization, group
30 or other entity, for travel.
31 (d) "Ticket or voucher" means a writing or combination
32 of writings which is itself good and sufficient to obtain
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1 transportation and other services for which the passenger has
2 contracted.
3 (Source: P.A. 88-260.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.