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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Riverboat Gambling Act is amended by | ||||||||||||||||||||||||
5 | changing Section 7 as follows:
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6 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
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7 | Sec. 7. Owners Licenses.
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8 | (a) The Board shall issue owners licenses to persons, firms | ||||||||||||||||||||||||
9 | or
corporations which apply for such licenses upon payment to | ||||||||||||||||||||||||
10 | the Board of the
non-refundable license fee set by the Board, | ||||||||||||||||||||||||
11 | upon payment of a $25,000
license fee for the first year of | ||||||||||||||||||||||||
12 | operation and a $5,000 license fee for
each succeeding year and | ||||||||||||||||||||||||
13 | upon a determination by the Board that the
applicant is | ||||||||||||||||||||||||
14 | eligible for an owners license pursuant to this Act and the
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15 | rules of the Board. From the effective date of this amendatory | ||||||||||||||||||||||||
16 | Act of the 95th General Assembly until the effective date of | ||||||||||||||||||||||||
17 | this amendatory Act of the 96th General Assembly (i) 3 years | ||||||||||||||||||||||||
18 | after the effective date of this amendatory Act of the 95th | ||||||||||||||||||||||||
19 | General Assembly, (ii) the date any organization licensee | ||||||||||||||||||||||||
20 | begins to operate a slot machine or video game of chance under | ||||||||||||||||||||||||
21 | the Illinois Horse Racing Act of 1975 or this Act, (iii) the | ||||||||||||||||||||||||
22 | date that payments begin under subsection (c-5) of Section 13 | ||||||||||||||||||||||||
23 | of the Act, or (iv) the wagering tax imposed under Section 13 |
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1 | of this Act is increased by law to reflect a tax rate that is at | ||||||
2 | least as stringent or more stringent than the tax rate | ||||||
3 | contained in subsection (a-3) of Section 13, whichever occurs | ||||||
4 | first , as a condition of licensure and as an alternative source | ||||||
5 | of payment for those funds payable under subsection (c-5) of | ||||||
6 | Section 13 of the Riverboat Gambling Act, any owners licensee | ||||||
7 | that holds or receives its owners license on or after the | ||||||
8 | effective date of this amendatory Act of the 94th General | ||||||
9 | Assembly, other than an owners licensee operating a riverboat | ||||||
10 | with adjusted gross receipts in calendar year 2004 of less than | ||||||
11 | $200,000,000, must pay into the Horse Racing Equity Trust Fund, | ||||||
12 | in addition to any other payments required under this Act, an | ||||||
13 | amount equal to 3% of the adjusted gross receipts received by | ||||||
14 | the owners licensee. The payments required under this Section | ||||||
15 | shall be made by the owners licensee to the State Treasurer no | ||||||
16 | later than 3:00 o'clock p.m. of the day after the day when the | ||||||
17 | adjusted gross receipts were received by the owners licensee. A | ||||||
18 | person, firm or corporation is ineligible to receive
an owners | ||||||
19 | license if:
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20 | (1) the person has been convicted of a felony under the | ||||||
21 | laws of this
State, any other state, or the United States;
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22 | (2) the person has been convicted of any violation of | ||||||
23 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
24 | similar laws of any other jurisdiction;
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25 | (3) the person has submitted an application for a | ||||||
26 | license under this
Act which contains false information;
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1 | (4) the person is
a member of the Board;
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2 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
3 | officer, director or
managerial employee of the firm or | ||||||
4 | corporation;
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5 | (6) the firm or corporation employs a person defined in | ||||||
6 | (1), (2), (3) or
(4) who participates in the management or | ||||||
7 | operation of gambling operations
authorized under this | ||||||
8 | Act;
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9 | (7) (blank); or
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10 | (8) a license of the person, firm or corporation issued | ||||||
11 | under
this Act, or a license to own or operate gambling | ||||||
12 | facilities
in any other jurisdiction, has been revoked.
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13 | The Board is expressly prohibited from making changes to | ||||||
14 | the requirement that licensees make payment into the Horse | ||||||
15 | Racing Equity Trust Fund without the express authority of the | ||||||
16 | Illinois General Assembly and making any other rule to | ||||||
17 | implement or interpret this amendatory Act of the 95th General | ||||||
18 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
19 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
20 | Administrative Procedure Act. | ||||||
21 | (b) In determining whether to grant an owners license to an | ||||||
22 | applicant, the
Board shall consider:
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23 | (1) the character, reputation, experience and | ||||||
24 | financial integrity of the
applicants and of any other or | ||||||
25 | separate person that either:
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26 | (A) controls, directly or indirectly, such |
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1 | applicant, or
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2 | (B) is controlled, directly or indirectly, by such | ||||||
3 | applicant or by a
person which controls, directly or | ||||||
4 | indirectly, such applicant;
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5 | (2) the facilities or proposed facilities for the | ||||||
6 | conduct of riverboat
gambling;
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7 | (3) the highest prospective total revenue to be derived | ||||||
8 | by the State
from the conduct of riverboat gambling;
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9 | (4) the extent to which the ownership of the applicant | ||||||
10 | reflects the
diversity of the State by including minority | ||||||
11 | persons and females
and the good faith affirmative action | ||||||
12 | plan of
each applicant to recruit, train and upgrade | ||||||
13 | minority persons and females in all employment | ||||||
14 | classifications;
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15 | (5) the financial ability of the applicant to purchase | ||||||
16 | and maintain
adequate liability and casualty insurance;
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17 | (6) whether the applicant has adequate capitalization | ||||||
18 | to provide and
maintain, for the duration of a license, a | ||||||
19 | riverboat;
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20 | (7) the extent to which the applicant exceeds or meets | ||||||
21 | other standards
for the issuance of an owners license which | ||||||
22 | the Board may adopt by rule;
and
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23 | (8) The amount of the applicant's license bid.
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24 | (c) Each owners license shall specify the place where | ||||||
25 | riverboats shall
operate and dock.
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26 | (d) Each applicant shall submit with his application, on |
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1 | forms
provided by the Board, 2 sets of his fingerprints.
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2 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
3 | holders of such
licenses to own riverboats. In the application | ||||||
4 | for an owners license, the
applicant shall state the dock at | ||||||
5 | which the riverboat is based and the water
on which the | ||||||
6 | riverboat will be located. The Board shall issue 5 licenses to
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7 | become effective not earlier than January 1, 1991. Three of | ||||||
8 | such licenses
shall authorize riverboat gambling on the | ||||||
9 | Mississippi River, or, with approval
by the municipality in | ||||||
10 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
11 | approval, be authorized to relocate to a new location,
in a
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12 | municipality that (1) borders on the Mississippi River or is | ||||||
13 | within 5
miles of the city limits of a municipality that | ||||||
14 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
15 | had a riverboat conducting riverboat gambling operations | ||||||
16 | pursuant to
a license issued under this Act; one of which shall | ||||||
17 | authorize riverboat
gambling from a home dock in the city of | ||||||
18 | East St. Louis. One other license
shall
authorize riverboat | ||||||
19 | gambling on
the Illinois River south of Marshall County. The | ||||||
20 | Board shall issue one
additional license to become effective | ||||||
21 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
22 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
23 | issue 4 additional licenses to become effective not
earlier | ||||||
24 | than
March 1, 1992. In determining the water upon which | ||||||
25 | riverboats will operate,
the Board shall consider the economic | ||||||
26 | benefit which riverboat gambling confers
on the State, and |
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1 | shall seek to assure that all regions of the State share
in the | ||||||
2 | economic benefits of riverboat gambling.
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3 | In granting all licenses, the Board may give favorable | ||||||
4 | consideration to
economically depressed areas of the State, to | ||||||
5 | applicants presenting plans
which provide for significant | ||||||
6 | economic development over a large geographic
area, and to | ||||||
7 | applicants who currently operate non-gambling riverboats in
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8 | Illinois.
The Board shall review all applications for owners | ||||||
9 | licenses,
and shall inform each applicant of the Board's | ||||||
10 | decision.
The Board may grant an owners license to an
applicant | ||||||
11 | that has not submitted the highest license bid, but if it does | ||||||
12 | not
select the highest bidder, the Board shall issue a written | ||||||
13 | decision explaining
why another
applicant was selected and | ||||||
14 | identifying the factors set forth in this Section
that favored | ||||||
15 | the winning bidder.
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16 | In addition to any other revocation powers granted to the | ||||||
17 | Board under this
Act,
the Board may revoke the owners license | ||||||
18 | of a licensee which fails
to begin conducting gambling within | ||||||
19 | 15 months
of receipt of the
Board's approval of the application | ||||||
20 | if the Board determines that license
revocation is in the best | ||||||
21 | interests of the State.
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22 | (f) The first 10 owners licenses issued under this Act | ||||||
23 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
24 | thereon
for a period of 3 years after the effective date of the | ||||||
25 | license. Holders of
the first 10 owners licenses must pay the | ||||||
26 | annual license fee for each of
the 3
years during which they |
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1 | are authorized to own riverboats.
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2 | (g) Upon the termination, expiration, or revocation of each | ||||||
3 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
4 | period, all licenses are
renewable annually upon payment of the | ||||||
5 | fee and a determination by the Board
that the licensee | ||||||
6 | continues to meet all of the requirements of this Act and the
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7 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
8 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
9 | Board sets a shorter period.
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10 | (h) An owners license shall entitle the licensee to own up | ||||||
11 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
12 | participants to
1,200 for any such owners license.
A licensee | ||||||
13 | may operate both of its riverboats concurrently, provided that | ||||||
14 | the
total number of gambling participants on both riverboats | ||||||
15 | does not exceed
1,200. Riverboats licensed to operate on the
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16 | Mississippi River and the Illinois River south of Marshall | ||||||
17 | County shall
have an authorized capacity of at least 500 | ||||||
18 | persons. Any other riverboat
licensed under this Act shall have | ||||||
19 | an authorized capacity of at least 400
persons.
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20 | (i) A licensed owner is authorized to apply to the Board | ||||||
21 | for and, if
approved therefor, to receive all licenses from the | ||||||
22 | Board necessary for the
operation of a riverboat, including a | ||||||
23 | liquor license, a license
to prepare and serve food for human | ||||||
24 | consumption, and other necessary
licenses. All use, occupation | ||||||
25 | and excise taxes which apply to the sale of
food and beverages | ||||||
26 | in this State and all taxes imposed on the sale or use
of |
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1 | tangible personal property apply to such sales aboard the | ||||||
2 | riverboat.
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3 | (j) The Board may issue or re-issue a license authorizing a | ||||||
4 | riverboat to
dock
in a municipality or approve a relocation | ||||||
5 | under Section 11.2 only if, prior
to the issuance or | ||||||
6 | re-issuance of
the license or approval, the governing body of | ||||||
7 | the municipality in which
the riverboat will dock has by a | ||||||
8 | majority vote approved the docking of
riverboats in the | ||||||
9 | municipality. The Board may issue or re-issue a license
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10 | authorizing a
riverboat to dock in areas of a county outside | ||||||
11 | any municipality or approve a
relocation under Section 11.2 | ||||||
12 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
13 | approval, the
governing body of the county has by a majority | ||||||
14 | vote approved of the docking of
riverboats within such areas.
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15 | (Source: P.A. 94-667, eff. 8-23-05; 94-804, eff. 5-26-06; | ||||||
16 | 95-1008, eff. 12-15-08.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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