Section 3000.540  Temporary Facilities

An owners licensee or organization gaming licensee may conduct gaming at a temporary facility pending the construction of a permanent facility or the remodeling or relocation of an existing facility to accommodate gaming participants. Gaming at a temporary facility is authorized for up to 24 months after the temporary facility begins to conduct gaming. [230 ILCS 10/7(1)]

a)         An owners licensee or organization gaming licensee may request to operate a temporary gaming facility.  The request shall include:

1)         A description of where the gaming facility or facilities will be located on the property used.

2)         Clear and legible diagrams of the interior of the facility or facilities.  The diagrams must be representative and proportional, and must include specific reference to the size of the gaming floor or areas through the use of detailed measurements.  Diagrams must be submitted with an initial application that clearly depicts each entrance and exit.

3)         Plans for the surveillance and security systems for the facility or facilities.

4)         Such other or additional information and details as may be required or deemed necessary by the Board.

b)         In determining whether to authorize gaming at a temporary gaming facility, the Board shall consider factors including, but not limited to, the following:

1)         Impact on the security and integrity of gaming;

2)         Impact on the health and safety of patrons or employees;

3)         Physical appearance and character of the facility; and

4)         Logistics of the gaming operation.

c)         Temporary Gaming Facility Conditions

1)         A temporary gaming facility shall operate for a maximum of 24 months, unless extended by the Board;

2)         A temporary gaming facility shall not operate concurrently with a permanent facility.

3)         Board approval for a temporary gaming facility may be rescinded without prior notice for any just cause, including but not limited to:

A)        Failure by the licensee to operate in a manner consistent with the information submitted to the Board;

B)        A determination by the Board that continued operation of the temporary gaming facility is or may be a risk to the integrity or security of gaming; or

C)        A determination by the Board that continued operation of the temporary gaming facility is or may be injurious to the health, safety, morals, good order, or general welfare of the people of the State of Illinois.

d)         Upon request by the owners licensee or organization gaming licensee, and upon a showing of good cause by the licensee, the Board shall extend the period during which the licensee may conduct gaming at a temporary facility by up to 12 months. For purposes of this subsection, "good cause" means any delay in the completion of the construction, remodeling or relocation of a permanent facility when the owners licensee has made good faith efforts to complete the construction, remodeling, or relocation of a permanent facility in a timely manner.  Good cause may include, but is not limited to, construction delays, public health concerns, environmental concerns, or economic factors.

(Source:  Added at 44 Ill. Reg. 13653, effective August 6, 2020)