Public Act 93-0453
HB1070 Enrolled LRB093 05450 LRD 05541 b
AN ACT in relation to gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Riverboat Gambling Act is amended by
changing Section 7 as follows:
(230 ILCS 10/7) (from Ch. 120, par. 2407)
Sec. 7. Owners Licenses.
(a) The Board shall issue owners licenses to persons,
firms or corporations which apply for such licenses upon
payment to the Board of the non-refundable license fee set by
the Board, upon payment of a $25,000 license fee for the
first year of operation and a $5,000 license fee for each
succeeding year and upon a determination by the Board that
the applicant is eligible for an owners license pursuant to
this Act and the rules of the Board. A person, firm or
corporation is ineligible to receive an owners license if:
(1) the person has been convicted of a felony under
the laws of this State, any other state, or the United
States;
(2) the person has been convicted of any violation
of Article 28 of the Criminal Code of 1961, or
substantially similar laws of any other jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) the person is a member of the Board;
(5) a person defined in (1), (2), (3) or (4) is an
officer, director or managerial employee of the firm or
corporation;
(6) the firm or corporation employs a person
defined in (1), (2), (3) or (4) who participates in the
management or operation of gambling operations authorized
under this Act;
(7) (blank); or
(8) a license of the person, firm or corporation
issued under this Act, or a license to own or operate
gambling facilities in any other jurisdiction, has been
revoked.
(b) In determining whether to grant an owners license to
an applicant, the Board shall consider:
(1) the character, reputation, experience and
financial integrity of the applicants and of any other or
separate person that either:
(A) controls, directly or indirectly, such
applicant, or
(B) is controlled, directly or indirectly, by
such applicant or by a person which controls,
directly or indirectly, such applicant;
(2) the facilities or proposed facilities for the
conduct of riverboat gambling;
(3) the highest prospective total revenue to be
derived by the State from the conduct of riverboat
gambling;
(4) the good faith affirmative action plan of each
applicant to recruit, train and upgrade minorities in all
employment classifications;
(5) the financial ability of the applicant to
purchase and maintain adequate liability and casualty
insurance;
(6) whether the applicant has adequate
capitalization to provide and maintain, for the duration
of a license, a riverboat; and
(7) the extent to which the applicant exceeds or
meets other standards for the issuance of an owners
license which the Board may adopt by rule.
(c) Each owners license shall specify the place where
riverboats shall operate and dock.
(d) Each applicant shall submit with his application, on
forms provided by the Board, 2 sets of his fingerprints.
(e) The Board may issue up to 10 licenses authorizing
the holders of such licenses to own riverboats. In the
application for an owners license, the applicant shall state
the dock at which the riverboat is based and the water on
which the riverboat will be located. The Board shall issue 5
licenses to become effective not earlier than January 1,
1991. Three of such licenses shall authorize riverboat
gambling on the Mississippi River, or, with approval by the
municipality in which the riverboat is docked on the
effective date of this amendatory Act of the 93rd Assembly,
in a municipality that (1) borders on the Mississippi River
or is within 5 miles of the city limits of a municipality
that borders on the Mississippi River and (2), on the
effective date of this amendatory Act of the 93rd General
Assembly, has a riverboat conducting riverboat gambling
operations pursuant to a license issued under this Act; one
of which shall authorize riverboat gambling from a home dock
in the city of East St. Louis, and one of which shall
authorize riverboat gambling on the Mississippi River or in a
municipality that (1) borders on the Mississippi River or is
within 5 miles of the city limits of a municipality that
borders on the Mississippi River and (2) on the effective
date of this amendatory Act of the 92nd General Assembly has
a riverboat conducting riverboat gambling operations pursuant
to a license issued under this Act. One other license shall
authorize riverboat gambling on the Illinois River south of
Marshall County. The Board shall issue one additional
license to become effective not earlier than March 1, 1992,
which shall authorize riverboat gambling on the Des Plaines
River in Will County. The Board may issue 4 additional
licenses to become effective not earlier than March 1, 1992.
In determining the water upon which riverboats will operate,
the Board shall consider the economic benefit which riverboat
gambling confers on the State, and shall seek to assure that
all regions of the State share in the economic benefits of
riverboat gambling.
In granting all licenses, the Board may give favorable
consideration to economically depressed areas of the State,
to applicants presenting plans which provide for significant
economic development over a large geographic area, and to
applicants who currently operate non-gambling riverboats in
Illinois. The Board shall review all applications for owners
licenses, and shall inform each applicant of the Board's
decision.
The Board may revoke the owners license of a licensee
which fails to begin conducting gambling within 15 months of
receipt of the Board's approval of the application if the
Board determines that license revocation is in the best
interests of the State.
(f) The first 10 owners licenses issued under this Act
shall permit the holder to own up to 2 riverboats and
equipment thereon for a period of 3 years after the effective
date of the license. Holders of the first 10 owners licenses
must pay the annual license fee for each of the 3 years
during which they are authorized to own riverboats.
(g) Upon the termination, expiration, or revocation of
each of the first 10 licenses, which shall be issued for a 3
year period, all licenses are renewable annually upon payment
of the fee and a determination by the Board that the licensee
continues to meet all of the requirements of this Act and the
Board's rules. However, for licenses renewed on or after May
1, 1998, renewal shall be for a period of 4 years, unless the
Board sets a shorter period.
(h) An owners license shall entitle the licensee to own
up to 2 riverboats. A licensee shall limit the number of
gambling participants to 1,200 for any such owners license. A
licensee may operate both of its riverboats concurrently,
provided that the total number of gambling participants on
both riverboats does not exceed 1,200. Riverboats licensed to
operate on the Mississippi River and the Illinois River south
of Marshall County shall have an authorized capacity of at
least 500 persons. Any other riverboat licensed under this
Act shall have an authorized capacity of at least 400
persons.
(i) A licensed owner is authorized to apply to the Board
for and, if approved therefor, to receive all licenses from
the Board necessary for the operation of a riverboat,
including a liquor license, a license to prepare and serve
food for human consumption, and other necessary licenses.
All use, occupation and excise taxes which apply to the sale
of food and beverages in this State and all taxes imposed on
the sale or use of tangible personal property apply to such
sales aboard the riverboat.
(j) The Board may issue a license authorizing a
riverboat to dock in a municipality or approve a relocation
under Section 11.2 only if, prior to the issuance of the
license or approval, the governing body of the municipality
in which the riverboat will dock has by a majority vote
approved the docking of riverboats in the municipality. The
Board may issue a license authorizing a riverboat to dock in
areas of a county outside any municipality or approve a
relocation under Section 11.2 only if, prior to the issuance
of the license or approval, the governing body of the county
has by a majority vote approved of the docking of riverboats
within such areas.
(Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.