Public Act 0318 101ST GENERAL ASSEMBLY

SB1246 Enrolled LRB101 07738 SMS 52787 b

Public Act 101-0318

AN ACT concerning gaming.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Video Gaming Act is amended by adding Sections 43 and 79.5 and by changing Section 58 as follows:

(230 ILCS 40/43 new)

Sec. 43. Notice of alleged violation of Section 40. In all instances of an alleged violation of Section 40, the Board or its agents or designees shall provide written notice of the alleged violation to the affected licensed establishment, licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment within 15 days after the alleged occurrence of the violation.

(230 ILCS 40/58)

Sec. 58. Location of terminals. Video gaming terminals in a licensed establishment, licensed fraternal establishment, or licensed veterans establishment must be located in an area that is restricted to persons over 21 years of age and the entrance to the area must be which is within the view of at least one employee of the establishment , who is over 21 years of age, of the establishment in which they are located.

The placement of video gaming terminals in licensed establishments, licensed truck stop establishments, licensed fraternal establishments, and licensed veterans establishments shall be subject to the rules promulgated by the Board pursuant to the Illinois Administrative Procedure Act.

(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)

(230 ILCS 40/79.5 new)

Sec. 79.5. Enforcement actions. The Board shall establish a policy and standards for compliance operations to investigate whether a licensed establishment, licensed fraternal establishment, licensed veterans establishment, or a licensed truck stop establishment is: (1) permitting any person under the age of 21 years to use or play a video gaming terminal in violation of this Act; or (2) furnishing alcoholic liquor to persons under 21 years of age in violation of the Liquor Control Act of 1934.

The policy and standards for compliance operations under this Section shall be similar to the model policy and guidelines for the operation of alcohol and tobacco compliance checks by local law enforcement officers adopted by the Illinois Law Enforcement Training Standards Board pursuant to subsection (c) of Section 6-16.1 of the Liquor Control Act of 1934. The Board shall adopt the policy and standards in the form of emergency rulemaking that shall be adopted no later than 90 days after the effective date of this amendatory Act of the 101st General Assembly and shall be immediately followed by permanent rulemaking on the same subject.

A licensed establishment, licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment that is the subject of an enforcement action under this Section and is found, pursuant to the enforcement action, to be in compliance with this Act shall be notified by the Board that no violation was found within 30 days after the finding.

Section 99. Effective date. This Act takes effect upon becoming law.