Section 1800.322  Restrictions on Use Agreements

a)         Effective May 1, 2026, all Use Agreements not currently used to place video gaming terminals must comply with this Part before video gaming terminals may be placed in a licensed establishment.  No Use Agreement to place video gaming terminals in a licensed establishment in effect prior to May 1, 2026, may renew, extend, or otherwise continue after its expiration date unless it complies with this Section. 

b)         No licensed terminal operator may enter into a Use Agreement or other agreement that purports to control the placement or operation of video gaming terminals with a video gaming location if a person with an ownership interest or person of significant influence or control of the licensed terminal operator or any affiliated entity is an immediate family member of a person with an ownership interest or person of significant influence or control of the licensed video gaming location or any affiliated entity.

c)         No licensed terminal operator may enter into a Use Agreement or other agreement that purports to control the placement or operation of video gaming terminals with a video gaming location if any or all of the real estate upon which the video gaming establishment is located is owned entirely or in part by the licensed terminal operator, an affiliated entity of the licensed terminal operator, a person of significant influence or control of the licensed terminal operator, a sales agent or broker for the licensed terminal operator, or an immediate family member of any person of significant influence or control of the licensed terminal operator.

d)         No sales agent and broker may solicit a Use Agreement or other agreement that purports to control the placement or operation of video gaming terminals on behalf of a terminal operator from a video gaming location if that person is an immediate family member of a person with an ownership interest, officer, director, manager, employee, or person of significant influence or control of the video gaming location,

e)         Enforcement:

1)         The prohibitions in this Section apply to all Use Agreements, except for any Use Agreement under which video gaming terminals are placed in a video gaming location on May 1, 2026.

2)         Any Use Agreement between parties in violation of this Section can continue to operate video gaming terminals until the expiration of that Use Agreement. That Use Agreement can only be renewed in accordance with this Section and Section 1800.320.

3)         Any Use Agreement that does not comply with this Section shall be null and void.

(Source:  Added at 50 Ill. Reg. 5683, effective May 1, 2026)