Public Act 094-0667
 		





HB1919 Enrolled
LRB094 02934 LRD 32935 b






    AN ACT concerning 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in any other jurisdiction, has been revoked.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 extent to which the ownership of the applicant 
    reflects the
diversity of the State by including minority 
    persons and females
and the good faith affirmative action 
    plan of
each applicant to recruit, train and upgrade 
    minority persons and females 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;


        (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;
and


        (8) The amount of the applicant's license bid.

    (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 was
is docked on August 7, 2003 and with 
Board approval, be authorized to relocate to a new location
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 August 7, 2003, 
had
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. 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 grant an owners license to an
applicant 
that has not submitted the highest license bid, but if it does 
not
select the highest bidder, the Board shall issue a written 
decision explaining
why another
applicant was selected and 
identifying the factors set forth in this Section
that favored 
the winning bidder.

    In addition to any other revocation powers granted to the 
Board under this
Act,
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 or re-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 or 
re-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 or re-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 or re-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. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; 
93-453, eff. 8-7-03;
revised 1-27-04.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.