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Public Act 098-1071
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| HB5017 Enrolled | LRB098 16514 ZMM 51581 b |
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Charitable Games Act is amended by changing |
Sections 4, 5.1, and 8 as follows:
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(230 ILCS 30/4) (from Ch. 120, par. 1124)
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Sec. 4. Licensing Restrictions. Licensing for the |
conducting of
charitable games is subject to the following |
restrictions:
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(1) The license application, when submitted to the |
Department of Revenue,
must contain a sworn statement |
attesting to the not-for-profit character
of the |
prospective licensee organization, signed by a person |
listed on the application as an owner, officer, or other |
person in charge of the necessary day-to-day operations. |
The application shall contain the
name of the person in |
charge of and primarily responsible for the
conduct of the |
charitable games. The person so designated shall be
present |
on the premises continuously during charitable games.
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(2) The license application shall be prepared by the |
prospective
licensee organization or its duly authorized |
representative in accordance
with the
rules of the |
Department of Revenue.
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(2.1) The organization shall maintain among its books |
and records a list of the names,
addresses, social security |
numbers, and dates of birth of all persons who will
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participate in the management or operation of the games, |
along with a sworn
statement made under penalties of |
perjury, signed by a person listed on the application as an |
owner, officer, or other person in charge of the necessary |
day-to-day operations, that the persons listed as |
participating in the
management or operation of the games |
are bona fide members, volunteers as
defined in Section 2, |
or employees of the applicant, that these persons have
not
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participated in the management or operation of more than 12 |
charitable games
events conducted by any licensee in the |
calendar year, and that these persons
will receive no |
remuneration or compensation, directly or indirectly from |
any
source, for participating in the management or |
operation of the games. Any
amendments to this listing must |
contain an identical sworn statement.
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(2.2) (Blank).
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(3) Each license shall state the date, hours and
at |
what
locations the licensee is permitted to conduct |
charitable games.
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(4) Each licensee shall file a copy of the license with |
each
police
department or, if in unincorporated areas, each |
sheriff's office whose
jurisdiction includes the premises |
on which the charitable games are
authorized under the |
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license.
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(5) The licensee shall prominently display the license |
in the
area where the licensee is to conduct charitable |
games. The licensee shall likewise display, in the form and |
manner prescribed by the Department, the provisions of |
Section 9 of this Act.
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(6) (Blank).
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(7) (Blank).
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(8) A license is not assignable or transferable.
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(9) Unless the premises for conducting charitable |
games are provided by
a
municipality, the Department shall |
not issue a license
permitting a
person, firm
or |
corporation to sponsor a charitable games night if the |
premises for the
conduct of the charitable games has been |
previously used for 12
charitable
games nights during the |
previous 12 months.
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(10) Auxiliary organizations of a licensee shall not be
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eligible for a
license to conduct charitable games, except |
for auxiliary organizations
of veterans organizations as |
authorized in Section 2.
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(11) Charitable games must be conducted in accordance |
with
local
building and fire code requirements.
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(12) The licensee shall consent to allowing the |
Department's
employees
to be present on the premises |
wherein the charitable games are conducted
and to inspect |
or test equipment, devices and supplies used in the conduct
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of the game.
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Nothing in this Section shall be construed to prohibit a |
licensee that
conducts charitable games on its own premises |
from also obtaining a
providers' license in accordance with |
Section 5.1.
The maximum number of charitable games events that |
may be held in any one
premises is limited to no more than 12 |
charitable games events per calendar year one charitable games |
event per month.
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(Source: P.A. 98-377, eff. 1-1-14.)
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(230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
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Sec. 5.1. If a licensee conducts charitable games on its |
own premises,
the licensee may also obtain a providers' license |
in accordance with
Section 5 to allow the licensee to rent or |
otherwise provide its
premises to another licensee for the |
conducting of an additional 4
charitable games events. The |
maximum number of charitable games events that
may be held at |
any one premises is limited to 12 8 charitable games events per
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calendar year.
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(Source: P.A. 94-986, eff. 6-30-06.)
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(230 ILCS 30/8) (from Ch. 120, par. 1128)
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Sec. 8. The conducting of charitable games is subject to |
the following
restrictions:
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(1) The entire net proceeds from charitable games must |
be exclusively
devoted to the lawful purposes of the |
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organization permitted to conduct
that game.
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(2) No person except a bona fide member or employee of |
the
sponsoring organization, or a volunteer recruited by |
the sponsoring
organization, may participate in the |
management or operation of the
game.
A person participates |
in the management or operation of a charitable game
when he |
or she sells admission tickets at the event; sells, |
redeems, or in any
way assists in the selling or redeeming |
of chips, scrip, or play money;
participates in the
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conducting of any of the games played during the event, or |
supervises, directs
or instructs anyone conducting a game; |
or at any time during the hours of the
charitable games |
event counts, handles, or supervises anyone counting or
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handling any of the proceeds or chips, scrip, or play money |
at the event. A
person who is present to
ensure that the |
games are being conducted in conformance with the rules
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established by the licensed organization or is present to |
insure that the
equipment is working
properly is considered |
to be participating in the management or operation of a
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game. Setting up, cleaning up, selling food and drink, or |
providing security
for persons or property at the event |
does not constitute participation in the
management or |
operation of the game.
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Only bona fide members, volunteers as defined in |
Section 2 of this Act, and
employees of the sponsoring |
organization may participate in the management or
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operation of the games. Participation in the management or
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operation
of the games is limited to no more than 12 |
charitable games events, either of the sponsoring |
organization or any other licensed organization, during a |
calendar year.
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(3) No person may receive any remuneration or |
compensation either
directly or
indirectly from any source |
for
participating in the management or operation of the |
game.
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(4) No single bet at any house-banked game may exceed |
$20.
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(5) A bank shall be established on the premises to |
convert currency into
chips, scrip, or other form of play |
money which shall then be used to play
at
games of chance |
which the participant chooses. Chips, scrip, or play money
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must be permanently monogrammed with the supplier license |
number or logo or charitable games license number of a |
licensed organization or of the
supplier. Each participant |
must be issued a receipt indicating the amount
of chips, |
scrip, or play money purchased.
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(6) At the conclusion of the event or when the |
participant leaves, he or she
may cash in his or her chips, |
scrip, or play money in exchange for currency not to
exceed |
$500 in cash winnings or unlimited noncash prizes. Each |
participant shall sign for any receipt
of prizes. The |
licensee shall provide the Department of Revenue with a
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listing of all prizes awarded, including the retail value |
of all prizes awarded.
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(7) Each licensee shall be permitted to conduct |
charitable games on
not more than 4 days each year. Nothing |
in this Section shall be construed to prohibit a licensee |
that conducts charitable games on its own premises from |
also obtaining a providers' license in accordance with |
Section 7 of this Act.
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(8) Unless the provider of the premises is a |
municipality, the
provider of the premises may not rent or |
otherwise provide the
premises for the conducting of more |
than 12 charitable games nights per calendar year one |
charitable games night per month.
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(9) A charitable games event is considered to be a |
one-day event and charitable games may not be played |
between the hours of 2:00 a.m.
and noon.
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(10) No person under the age of 18 years may play or |
participate in the
conducting of charitable games. Any |
person under the age of 18 years
may be within the area |
where charitable games are being played only
when |
accompanied by his parent or guardian.
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(11) No one other than the sponsoring organization
of |
charitable games must have a proprietary
interest in the |
game promoted.
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(12) Raffles or other forms of gambling prohibited by |
law shall not be
conducted on the premises where charitable |
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games are being conducted.
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(13) Such games are not expressly prohibited by county
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ordinance for
charitable games conducted in the |
unincorporated areas of the county or
municipal ordinance |
for charitable games conducted in the municipality and
the |
ordinance is filed with the Department of Revenue. The |
Department
shall provide each county or municipality with a |
list of organizations
licensed or subsequently authorized |
by the Department to conduct
charitable games in their |
jurisdiction.
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(14) The sale of tangible personal property at |
charitable games is
subject to all State and local taxes |
and obligations.
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(15) Each licensee may offer or conduct only the games
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listed
below,
which must be conducted in accordance with
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rules posted by the organization. The organization |
sponsoring charitable
games shall promulgate rules, and |
make printed copies available to
participants, for the |
following games: (a) roulette; (b) blackjack; (c)
poker; |
(d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; |
(h) big
six; (i) gin rummy; (j) five card stud poker; (k) |
chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) |
merchandise wheel. A licensee need not offer or
conduct |
every game permitted by law.
The conducting of games not |
listed above is prohibited by this Act.
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(16) No slot machines or coin-in-the-slot-operated |
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devices
that allow a participant to play games of chance |
shall be permitted to be used at the location and during |
the time at which the charitable games are being conducted. |
However, establishments that have video gaming terminals |
licensed under the Video Gaming Act may operate them along |
with charitable games under rules adopted by the |
Department.
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(17) No cards, dice, wheels, or other equipment may be |
modified or
altered
so as to give the licensee a greater |
advantage in winning, other than as
provided under the |
normal rules of play of a particular game.
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(18) No credit shall be extended to any of the |
participants.
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(19) (Blank).
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(20) A supplier may have only one representative |
present at the charitable
games event, for the exclusive |
purpose of ensuring that its equipment is not
damaged.
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(21) No employee, owner, or officer of a consultant |
service hired by a
licensed organization to perform |
services at the event including, but not
limited to, |
security for
persons or property at the event or services |
before the event including, but
not limited to, training |
for volunteers
or advertising may participate in the |
management or operation of the games.
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(22) (Blank).
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(Source: P.A. 98-377, eff. 1-1-14.)
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