SB1794sam001 99TH GENERAL ASSEMBLY

Sen. Darin M. LaHood

Filed: 3/18/2015

09900SB1794sam001 LRB099 05897 MLM 32562 a

AMENDMENT TO SENATE BILL 1794

AMENDMENT NO. ______. Amend Senate Bill 1794 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1126.5 as follows:

(55 ILCS 5/5-1126.5 new)

Sec. 5-1126.5. Liquor license with video gaming authorization. Notwithstanding any provisions in the Liquor Control Act of 1934 or the Video Gaming Act to the contrary, a county board shall have the power, by ordinance, to adopt classifications of liquor licenses, including an authorizing license that, when issued, may or may not authorize the liquor license holder to subsequently apply to the Illinois Gaming Board for a license as a licensed establishment, licensed fraternal establishment, or licensed veterans establishment under the Video Gaming Act and to operate as a licensed establishment, licensed fraternal establishment, or licensed veterans establishment if granted a license by the Illinois Gaming Board. If such classifications are adopted by a county, the amount of the license fee for an authorizing license shall not exceed the amount charged for similar liquor licenses that are not authorizing licenses. A county that permits video gaming pursuant to the Video Gaming Act at the time it adopts such classifications of liquor license shall, upon the licensee's request, issue an authorizing license to any establishment already possessing an existing liquor license for no additional fee. Nothing in this Section shall be construed to terminate or otherwise affect the rights of a licensed establishment, licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment licensed under the Video Gaming Act that is located in a county that adopts an ordinance under this Section. A county shall notify the Illinois Gaming Board upon its adoption of any ordinance under this Section.

Section 10. The Illinois Municipal Code is amended by adding Section 11-42-10.3 as follows:

(65 ILCS 5/11-42-10.3 new)

Sec. 11-42-10.3. Liquor license with video gaming authorization. Notwithstanding any provisions in the Liquor Control Act of 1934 or the Video Gaming Act to the contrary, the corporate authorities of a municipality shall have the power, by ordinance, to adopt classifications of liquor licenses, including an authorizing license that, when issued, may or may not authorize the liquor license holder to subsequently apply to the Illinois Gaming Board for a license as a licensed establishment, licensed fraternal establishment, or licensed veterans establishment under the Video Gaming Act and to operate as a licensed establishment, licensed fraternal establishment, or licensed veterans establishment if granted a license by the Illinois Gaming Board. If such classifications are adopted by a municipality, the amount of the license fee for an authorizing license shall not exceed the amount charged for similar liquor licenses that are not authorizing licenses. A municipality that permits video gaming pursuant to the Video Gaming Act at the time it adopts such classifications of liquor license shall, upon the licensee's request, issue an authorizing license to any establishment already possessing an existing liquor license for no additional fee. Nothing in this Section shall be construed to terminate or otherwise affect the rights of a licensed establishment, licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment licensed under the Video Gaming Act that is located in a municipality that adopts an ordinance under this Section. A municipality shall notify the Illinois Gaming Board upon its adoption of any ordinance under this Section.

Section 15. The Video Gaming Act is amended by changing Section 55 as follows:

(230 ILCS 40/55)

Sec. 55. Precondition for licensed location. In all cases of application for a licensed location, to operate a video gaming terminal, each licensed establishment, licensed fraternal establishment, or licensed veterans establishment shall possess a valid liquor license issued by the Illinois Liquor Control Commission in effect at the time of application and at all times thereafter during which a video gaming terminal is made available to the public for play at that location. If the applicant's liquor license issued by the local governing body provides that the applicant is not authorized to apply to the Board for a license as a licensed establishment, licensed fraternal establishment, or licensed veterans establishment under this Act, and to operate as a licensed establishment, licensed fraternal establishment, or licensed veterans establishment if granted a license by the Board, then the applicant is ineligible to apply for a license under this Act. Video gaming terminals in a licensed location shall be operated only during the same hours of operation generally permitted to holders of a license under the Liquor Control Act of 1934 within the unit of local government in which they are located. A licensed truck stop establishment that does not hold a liquor license may operate video gaming terminals on a continuous basis. A licensed fraternal establishment or licensed veterans establishment that does not hold a liquor license may operate video gaming terminals if (i) the establishment is located in a county with a population between 6,500 and 7,000, based on the 2000 U.S. Census, (ii) the county prohibits by ordinance the sale of alcohol, and (iii) the establishment is in a portion of the county where the sale of alcohol is prohibited. A licensed fraternal establishment or licensed veterans establishment that does not hold a liquor license may operate video gaming terminals if (i) the establishment is located in a municipality within a county with a population between 8,500 and 9,000 based on the 2000 U.S. Census and (ii) the municipality or county prohibits or limits the sale of alcohol by ordinance in a way that prohibits the establishment from selling alcohol.

(Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10; 97-594, eff. 8-26-11.)".