Section 1800.590  Death and Change of Ownership of Video Gaming Licensee

a)         Licenses granted by the Board do not constitute property, shall not be subject to attachment, and shall not be alienable or transferable.  Licenses granted by the Board shall not descend by the laws of testate or intestate devolution, but shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, may continue the video gaming location operation under order of the appropriate court and the approval of the Administrator of the Illinois Gaming Board, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death or the decent, or the insolvency or bankruptcy until the expiration of the license, but no longer than six months after the death, bankruptcy or insolvency of the licensee.  Approval of the Administrator to continue the video gaming location operation may only be granted following the approval of a designated video gaming manager for the video gaming location. 

b)         Change of Ownership of Licensed Video Gaming Location

1)         In addition to the disclosure requirements set forth in Section 1800.210(c) and (i), each video gaming location licensee shall notify the Board in writing prior to a proposed sale or transfer of a licensed video gaming location. 

2)         When a licensed video gaming location is sold or transferred, the video gaming terminals may be allowed to continue to operate under the old license if:

A)        the new owner has submitted all required and applicable application materials for a new or amended video gaming location license application, and included copies of all sale or transfer documentation;

B)        the new owner has completed the required criminal record check via fingerprint examination;

C)        the new owner is issued all required liquor licenses to draw, pour, mix or otherwise serve alcohol for consumption on the premises; and

D)        the selling or transferring license holder agrees to be bound to all obligations and duties imposed upon it for operating a licensed video gaming location by the Act and this Part until the Board approves the sale or transfer and until the consummation of the closing of the sale or transfer. 

3)         When a licensed video gaming location is sold or transferred, the video gaming terminals may be allowed to continue to operate under the old license only until:

A)        The issuance of a video gaming location license in the name of the new owner;

B)        A determination by the Board that the new applicant, new owner and/or new person with significant interest or control is unsuitable; or

C)        Denial of the new license application. 

(Source:  Added at 37 Ill. Reg. 7750, effective May 23, 2013)