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| 1 | AN ACT concerning gaming. | |||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||
| 4 | Section 5. The Charitable Games Act is amended by changing | |||||||||||||||||||||
| 5 | Sections 8 and 12 as follows: | |||||||||||||||||||||
| 6 | (230 ILCS 30/8) (from Ch. 120, par. 1128) | |||||||||||||||||||||
| 7 | Sec. 8. The conducting of charitable games is subject to | |||||||||||||||||||||
| 8 | the following restrictions: | |||||||||||||||||||||
| 9 | (1) The entire net proceeds from charitable games must | |||||||||||||||||||||
| 10 | be exclusively devoted to the lawful purposes of the | |||||||||||||||||||||
| 11 | organization permitted to conduct that game. | |||||||||||||||||||||
| 12 | (2) No person except a bona fide member or employee of | |||||||||||||||||||||
| 13 | the sponsoring organization, or a volunteer recruited by | |||||||||||||||||||||
| 14 | the sponsoring organization, may participate in the | |||||||||||||||||||||
| 15 | management or operation of the game. A person participates | |||||||||||||||||||||
| 16 | in the management or operation of a charitable game when | |||||||||||||||||||||
| 17 | he or she sells admission tickets at the event; sells, | |||||||||||||||||||||
| 18 | redeems, or in any way assists in the selling or redeeming | |||||||||||||||||||||
| 19 | of chips, scrip, or play money; participates in the | |||||||||||||||||||||
| 20 | conducting of any of the games played during the event, or | |||||||||||||||||||||
| 21 | supervises, directs or instructs anyone conducting a game; | |||||||||||||||||||||
| 22 | or at any time during the hours of the charitable games | |||||||||||||||||||||
| 23 | event counts, handles, or supervises anyone counting or | |||||||||||||||||||||
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| 1 | handling any of the proceeds or chips, scrip, or play | ||||||
| 2 | money at the event. A person who is present to ensure that | ||||||
| 3 | the games are being conducted in conformance with the | ||||||
| 4 | rules established by the licensed organization or is | ||||||
| 5 | present to insure that the equipment is working properly | ||||||
| 6 | is considered to be participating in the management or | ||||||
| 7 | operation of a game. Setting up, cleaning up, selling food | ||||||
| 8 | and drink, or providing security for persons or property | ||||||
| 9 | at the event does not constitute participation in the | ||||||
| 10 | management or operation of the game. | ||||||
| 11 | Only bona fide members, volunteers as defined in | ||||||
| 12 | Section 2 of this Act, and employees of the sponsoring | ||||||
| 13 | organization may participate in the management or | ||||||
| 14 | operation of the games. Participation in the management or | ||||||
| 15 | operation of the games is limited to no more than 12 | ||||||
| 16 | charitable games events, either of the sponsoring | ||||||
| 17 | organization or any other licensed organization, during a | ||||||
| 18 | calendar year. | ||||||
| 19 | (3) No person may receive any remuneration or | ||||||
| 20 | compensation either directly or indirectly from any source | ||||||
| 21 | for participating in the management or operation of the | ||||||
| 22 | game. | ||||||
| 23 | (4) No single bet at any house-banked game may exceed | ||||||
| 24 | $20. | ||||||
| 25 | (5) A bank shall be established on the premises to | ||||||
| 26 | convert currency into chips, scrip, or other form of play | ||||||
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| 1 | money which shall then be used to play at games of chance | ||||||
| 2 | which the participant chooses. Chips, scrip, or play money | ||||||
| 3 | must be permanently monogrammed with the supplier license | ||||||
| 4 | number or logo or charitable games license number of a | ||||||
| 5 | licensed organization or of the supplier. Each participant | ||||||
| 6 | must be issued a receipt indicating the amount of chips, | ||||||
| 7 | scrip, or play money purchased. | ||||||
| 8 | (6) At the conclusion of the event or when the | ||||||
| 9 | participant leaves, participants he or she may cash in | ||||||
| 10 | their his or her chips, scrip, or play money in exchange | ||||||
| 11 | for currency not to exceed $500 in cash winnings or | ||||||
| 12 | unlimited noncash prizes, which shall be of nominal value | ||||||
| 13 | or be donated to the organization conducting the game. | ||||||
| 14 | Each participant shall sign for any receipt of prizes. The | ||||||
| 15 | licensee shall provide the Department of Revenue with a | ||||||
| 16 | listing of all prizes awarded, including the retail value | ||||||
| 17 | of all prizes awarded. | ||||||
| 18 | (7) Each licensee shall be permitted to conduct | ||||||
| 19 | charitable games on not more than 4 days each year. | ||||||
| 20 | Nothing in this Section shall be construed to prohibit a | ||||||
| 21 | licensee that conducts charitable games on its own | ||||||
| 22 | premises from also obtaining a providers' license in | ||||||
| 23 | accordance with Section 7 of this Act. | ||||||
| 24 | (8) Unless the provider of the premises is a | ||||||
| 25 | municipality, the provider of the premises may not rent or | ||||||
| 26 | otherwise provide the premises for the conducting of more | ||||||
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| 1 | than 12 charitable games nights per calendar year. | ||||||
| 2 | (9) A charitable games event is considered to be a | ||||||
| 3 | one-day event and charitable games may not be played | ||||||
| 4 | between the hours of 2:00 a.m. and noon. | ||||||
| 5 | (10) No person under the age of 18 years may play or | ||||||
| 6 | participate in the conducting of charitable games. Any | ||||||
| 7 | person under the age of 18 years may be within the area | ||||||
| 8 | where charitable games are being played only when | ||||||
| 9 | accompanied by his parent or guardian. | ||||||
| 10 | (11) No one other than the sponsoring organization of | ||||||
| 11 | charitable games must have a proprietary interest in the | ||||||
| 12 | game promoted. | ||||||
| 13 | (12) Raffles or other forms of gambling prohibited by | ||||||
| 14 | law shall not be conducted on the premises where | ||||||
| 15 | charitable games are being conducted. | ||||||
| 16 | (13) Such games are not expressly prohibited by county | ||||||
| 17 | ordinance for charitable games conducted in the | ||||||
| 18 | unincorporated areas of the county or municipal ordinance | ||||||
| 19 | for charitable games conducted in the municipality and the | ||||||
| 20 | ordinance is filed with the Department of Revenue. The | ||||||
| 21 | Department shall provide each county or municipality with | ||||||
| 22 | a list of organizations licensed or subsequently | ||||||
| 23 | authorized by the Department to conduct charitable games | ||||||
| 24 | in their jurisdiction. | ||||||
| 25 | (14) The sale of tangible personal property at | ||||||
| 26 | charitable games is subject to all State and local taxes | ||||||
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| 1 | and obligations. | ||||||
| 2 | (15) Each licensee may offer or conduct only the games | ||||||
| 3 | listed below, which must be conducted in accordance with | ||||||
| 4 | rules posted by the organization. The organization | ||||||
| 5 | sponsoring charitable games shall promulgate rules, and | ||||||
| 6 | make printed copies available to participants, for the | ||||||
| 7 | following games: (a) roulette; (b) blackjack; (c) poker; | ||||||
| 8 | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||||||
| 9 | (h) big six; (i) gin rummy; (j) five card stud poker; (k) | ||||||
| 10 | chuck-a-luck; (l) keno; (m) hold-em poker; and (n) | ||||||
| 11 | merchandise wheel. A licensee need not offer or conduct | ||||||
| 12 | every game permitted by law. The conducting of games not | ||||||
| 13 | listed above is prohibited by this Act. | ||||||
| 14 | (16) No slot machines or coin-in-the-slot-operated | ||||||
| 15 | devices that allow a participant to play games of chance | ||||||
| 16 | shall be permitted to be used at the location and during | ||||||
| 17 | the time at which the charitable games are being | ||||||
| 18 | conducted. However, establishments that have video gaming | ||||||
| 19 | terminals licensed under the Video Gaming Act may operate | ||||||
| 20 | them along with charitable games under rules adopted by | ||||||
| 21 | the Department. | ||||||
| 22 | (17) No cards, dice, wheels, or other equipment may be | ||||||
| 23 | modified or altered so as to give the licensee a greater | ||||||
| 24 | advantage in winning, other than as provided under the | ||||||
| 25 | normal rules of play of a particular game. | ||||||
| 26 | (18) No credit shall be extended to any of the | ||||||
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| 1 | participants. | ||||||
| 2 | (19) (Blank). | ||||||
| 3 | (20) A supplier may have only one representative | ||||||
| 4 | present at the charitable games event, for the exclusive | ||||||
| 5 | purpose of ensuring that its equipment is not damaged. | ||||||
| 6 | (21) No employee, owner, or officer of a consultant | ||||||
| 7 | service hired by a licensed organization to perform | ||||||
| 8 | services at the event including, but not limited to, | ||||||
| 9 | security for persons or property at the event or services | ||||||
| 10 | before the event including, but not limited to, training | ||||||
| 11 | for volunteers or advertising may participate in the | ||||||
| 12 | management or operation of the games. | ||||||
| 13 | (22) (Blank). | ||||||
| 14 | (Source: P.A. 98-377, eff. 1-1-14; 98-1071, eff. 8-26-14.) | ||||||
| 15 | (230 ILCS 30/12) (from Ch. 120, par. 1132) | ||||||
| 16 | Sec. 12. Penalties. | ||||||
| 17 | (1) Any person who conducts or knowingly participates in | ||||||
| 18 | an unlicensed charitable game commits the offense of gambling | ||||||
| 19 | in violation of Section 28-1 of the Criminal Code of 2012. Any | ||||||
| 20 | person who violates any provision of this Act, or any person | ||||||
| 21 | who fails to file a charitable games return or who files a | ||||||
| 22 | fraudulent return or application under this Act, or any person | ||||||
| 23 | who willfully violates any rule or regulation of the | ||||||
| 24 | Department for the administration and enforcement of this Act, | ||||||
| 25 | or any officer or agent of an organization licensed under this | ||||||
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| 1 | Act who signs a fraudulent return or application filed on | ||||||
| 2 | behalf of such an organization, is guilty of a Class A | ||||||
| 3 | misdemeanor. Any second or subsequent violation of this Act | ||||||
| 4 | constitutes a Class 4 felony. | ||||||
| 5 | (2) Any organization that illegally conducts charitable | ||||||
| 6 | games, in addition to other penalties provided for in this | ||||||
| 7 | Act, shall be subject to a civil penalty equal to the amount of | ||||||
| 8 | gross proceeds derived from those unlicensed games, as well as | ||||||
| 9 | confiscation and forfeiture of all charitable games equipment | ||||||
| 10 | used in the conduct of those unlicensed games. | ||||||
| 11 | (3) Any organization licensed to conduct charitable games | ||||||
| 12 | that allows any form of illegal gambling to be conducted on the | ||||||
| 13 | premises where charitable games are being conducted, in | ||||||
| 14 | addition to other penalties provided for in this Act, shall be | ||||||
| 15 | subject to a civil penalty equal to the amount of gross | ||||||
| 16 | proceeds derived on that day from charitable games and any | ||||||
| 17 | illegal game that may have been conducted, as well as | ||||||
| 18 | confiscation and forfeiture of all charitable games equipment | ||||||
| 19 | used in the conduct of any unlicensed or illegal games. | ||||||
| 20 | (4) Any person who violates any provision of this Act or | ||||||
| 21 | knowingly violates any rule of the Department for the | ||||||
| 22 | administration of this Act, in addition to other penalties | ||||||
| 23 | provided, shall be subject to a civil penalty not to exceed | ||||||
| 24 | $500 $250 for each separate violation committed during the | ||||||
| 25 | first event and $1,500 for each separate violation committed | ||||||
| 26 | at subsequent events. | ||||||
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| 1 | (5) No person shall sell, lease, or distribute for | ||||||
| 2 | compensation within this State, or possess with intent to | ||||||
| 3 | sell, lease, or distribute for compensation within this State, | ||||||
| 4 | any chips, representations of money, wheels, or any devices or | ||||||
| 5 | equipment designed for use or used in the play of charitable | ||||||
| 6 | games without first having obtained a license to do so from the | ||||||
| 7 | Department of Revenue. Any person that knowingly violates this | ||||||
| 8 | paragraph is guilty of a Class A misdemeanor, the fine for | ||||||
| 9 | which shall not exceed $50,000. | ||||||
| 10 | (Source: P.A. 97-1150, eff. 1-25-13.) | ||||||
| 11 | Section 99. Effective date. This Act takes effect upon | ||||||
| 12 | becoming law. | ||||||