Public Act 098-0111
 
HB1140 EnrolledLRB098 07314 AMC 37377 b


  
    AN ACT concerning gaming.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Video Gaming
Act is amended  by changing 
Section 35 as follows:
 
    (230 ILCS 40/35)

    Sec. 35. Display of license; confiscation; violation as 
felony.  
    (a)  Each
video gaming terminal shall be licensed by the 
Board before placement
or operation on the premises of a 
licensed establishment, licensed truck stop
establishment, 
licensed
fraternal establishment, or licensed veterans 
establishment.  The license of
each video gaming terminal shall 
be maintained
at the location where the video gaming terminal 
is operated.  Failure to do so
is a petty offense with a fine

not to exceed $100.
Any licensed establishment, licensed truck 
stop establishment, licensed
fraternal establishment, or 
licensed
veterans establishment
used for the conduct of 
gambling games in violation of this Act shall be
considered a 
gambling place in violation of Section 28-3 of the Criminal

Code of 2012.  Every gambling device found in
a licensed 
establishment, licensed truck stop establishment, licensed 
fraternal
establishment, or licensed
veterans establishment 
operating gambling games in violation of this
Act shall be 
subject to seizure, confiscation, and destruction as provided

in Section 28-5 of the Criminal Code of 2012.
Any license 
issued under the Liquor Control Act
of 1934 to any owner or 
operator of a licensed establishment, licensed truck
stop 
establishment, licensed
fraternal establishment, or licensed 
veterans establishment that operates or
permits the operation 
of a video gaming terminal within its establishment in

violation of this Act shall be immediately revoked.
No person 
may own, operate, have in his or her possession or custody or 
under
his or her control, or permit to be kept in any place 
under his or her
possession or control, any
device that awards 
credits and contains a circuit, meter, or switch capable of

removing and recording the removal of credits when the award of 
credits is
dependent upon chance.  
    Nothing in this Section shall be deemed to prohibit the use 
of a game device only if the game device is used in an activity 
that is not gambling under subsection (b) of Section 28-1 of 
the Criminal Code of 2012.  
    A violation of this Section is a Class 4 felony.  All

devices that are owned, operated, or possessed in violation of 
this Section are
hereby declared to be public nuisances and 
shall be subject to seizure,
confiscation, and destruction as 
provided in Section 28-5 of the Criminal Code
of 2012.

    The provisions of this Section do not apply to devices or 
electronic video
game terminals licensed pursuant to this Act. 
A video gaming terminal operated for amusement only and bearing 
a valid amusement tax sticker shall not be subject to this 
Section until 30 days after the Board establishes that the 
central communications system is functional. 


    (b) (1) The odds of winning each video game shall be posted 
on or near each video gaming terminal.  The manner in which the 
odds are calculated and how they are posted shall be determined 
by the Board by rule.
    (2) No video gaming terminal licensed under this Act may be 
played except during the legal hours of operation allowed for 
the consumption of alcoholic beverages at the licensed 
establishment, licensed fraternal establishment, or licensed 
veterans establishment.  A licensed establishment, licensed 
fraternal establishment, or licensed veterans establishment 
that violates this subsection is subject to termination of its 
license by the Board. 
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 
96-1410, eff. 7-30-10; 97-1150, eff. 1-25-13.)