Section 1800.2130  Utilization of Confidential Sources

Confidential sources may be used to enforce the provisions of this Subpart.  The use of confidential sources shall comply with the following:

a)         Confidential sources shall be of good character.  An independent background check on each confidential source shall verify his or her official birth record, lack of criminal history, and acceptable driving record.

b)         Confidential sources shall be either 18 or 19 years of age.  They shall not alter their appearance, shall not have beards or moustaches or use any form of disguises, and shall dress in a manner appropriate to their age group.

c)         A background check shall be conducted on each confidential source. 

d)         Each confidential source shall sign a Youth Participation Consent and Underage Gambling Participant Acknowledgment form as specified in Exhibits A and B.  A Board investigator shall ascertain that these forms are understood by the confidential source.

e)         A photograph shall be taken of each confidential source to establish physical appearance independent of witness testimony.  These photographs shall be processed and secured for evidence.

f)         A confidential source shall be searched and allowed to carry only a valid State identification issued by the Office of the Secretary of State or no identification.  Under no circumstances shall fraudulent or fictitious identification cards be used by a confidential source.

g)         A confidential source shall agree to make all reasonable efforts to be available for hearings or court proceedings and, if possible, to wear the same clothing at these hearings or court proceedings as on the date of the compliance check operation in which he or she participated.

h)         A confidential source shall receive an orientation on utilization of a video gaming terminal.

i)          A confidential source shall receive orientation training on entrapment issues.  He or she shall be admonished to act as follows while engaged in a compliance check operation:

A)        Carry only a valid State identification issued by the Secretary of State or no identification. 

B)        Carry no fraudulent or fictitious identification cards.

C)        If asked for identification, present it to the requesting employee, manager or owner of the licensed video gaming location. 

D)        If asked for age after presentation of identification, state that his or her age is that listed on the identification. 

E)        If asked for age without being asked to present identification, respond truthfully.

F)         Limit conversation so as not to persuade or pressure the licensed video gaming location. 

j)          All service as a confidential source under this Subpart shall be strictly voluntary and without any coercion.

(Source:  Added at 44 Ill. Reg. 11134, effective June 22, 2020)