102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2359

 

Introduced 2/17/2021, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 10/4  from Ch. 120, par. 2404
230 ILCS 10/8  from Ch. 120, par. 2408
230 ILCS 10/9  from Ch. 120, par. 2409

    Amends the Illinois Gambling Act. Provides that nothing in the Act shall be interpreted to require a suppliers license for a third-party supplier of an amenities outlet or non-gaming operation or function or an occupational license for a person whose duties do not directly involve gaming activities and who is employed exclusively in an amenities outlet or operation. Provides that those people are exempt from licensure. Defines "amenities outlet or non-gaming operation or function".


LRB102 12617 SMS 17955 b

 

 

A BILL FOR

 

HB2359LRB102 12617 SMS 17955 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Gambling Act is amended by
5changing Sections 4, 8, and 9 as follows:
 
6    (230 ILCS 10/4)  (from Ch. 120, par. 2404)
7    Sec. 4. Definitions. As used in this Act:
8    "Board" means the Illinois Gaming Board.
9    "Occupational license" means a license issued by the Board
10to a person or entity to perform an occupation which the Board
11has identified as requiring a license to engage in riverboat
12gambling, casino gambling, or gaming pursuant to an
13organization gaming license issued under this Act in Illinois.
14    "Gambling game" includes, but is not limited to, baccarat,
15twenty-one, poker, craps, slot machine, video game of chance,
16roulette wheel, klondike table, punchboard, faro layout, keno
17layout, numbers ticket, push card, jar ticket, or pull tab
18which is authorized by the Board as a wagering device under
19this Act.
20    "Riverboat" means a self-propelled excursion boat, a
21permanently moored barge, or permanently moored barges that
22are permanently fixed together to operate as one vessel, on
23which lawful gambling is authorized and licensed as provided

 

 

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1in this Act.
2    "Slot machine" means any mechanical, electrical, or other
3device, contrivance, or machine that is authorized by the
4Board as a wagering device under this Act which, upon
5insertion of a coin, currency, token, or similar object
6therein, or upon payment of any consideration whatsoever, is
7available to play or operate, the play or operation of which
8may deliver or entitle the person playing or operating the
9machine to receive cash, premiums, merchandise, tokens, or
10anything of value whatsoever, whether the payoff is made
11automatically from the machine or in any other manner
12whatsoever. A slot machine:
13        (1) may utilize spinning reels or video displays or
14    both;
15        (2) may or may not dispense coins, tickets, or tokens
16    to winning patrons;
17        (3) may use an electronic credit system for receiving
18    wagers and making payouts; and
19        (4) may simulate a table game.
20    "Slot machine" does not include table games authorized by
21the Board as a wagering device under this Act.
22    "Managers license" means a license issued by the Board to
23a person or entity to manage gambling operations conducted by
24the State pursuant to Section 7.3.
25    "Dock" means the location where a riverboat moors for the
26purpose of embarking passengers for and disembarking

 

 

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1passengers from the riverboat.
2    "Gross receipts" means the total amount of money exchanged
3for the purchase of chips, tokens, or electronic cards by
4riverboat patrons.
5    "Adjusted gross receipts" means the gross receipts less
6winnings paid to wagerers.
7    "Cheat" means to alter the selection of criteria which
8determine the result of a gambling game or the amount or
9frequency of payment in a gambling game.
10    "Gambling operation" means the conduct of gambling games
11authorized under this Act upon a riverboat or in a casino or
12authorized under this Act and the Illinois Horse Racing Act of
131975 at an organization gaming facility.
14    "License bid" means the lump sum amount of money that an
15applicant bids and agrees to pay the State in return for an
16owners license that is issued or re-issued on or after July 1,
172003.
18    "Table game" means a live gaming apparatus upon which
19gaming is conducted or that determines an outcome that is the
20object of a wager, including, but not limited to, baccarat,
21twenty-one, blackjack, poker, craps, roulette wheel, klondike
22table, punchboard, faro layout, keno layout, numbers ticket,
23push card, jar ticket, pull tab, or other similar games that
24are authorized by the Board as a wagering device under this
25Act. "Table game" does not include slot machines or video
26games of chance.

 

 

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1    The terms "minority person", "woman", and "person with a
2disability" shall have the same meaning as defined in Section
32 of the Business Enterprise for Minorities, Women, and
4Persons with Disabilities Act.
5    "Amenities outlet or non-gaming operation or function"
6means a place or function that offers non-gaming amenities or
7part of the operation that perform non-gaming functions that
8are a part of, or operates in conjunction with, a facility at
9which lawful gaming is conducted as authorized by this Act.
10"Amenities outlet or operation or function" includes, but is
11not limited to, a shop, restaurant, bar, lodging, parking lot
12or garage, and another place that offers non-gaming goods and
13services.
14    "Casino" means a facility at which lawful gambling is
15authorized as provided in this Act.
16    "Owners license" means a license to conduct riverboat or
17casino gambling operations, but does not include an
18organization gaming license.
19    "Licensed owner" means a person who holds an owners
20license.
21    "Organization gaming facility" means that portion of an
22organization licensee's racetrack facilities at which gaming
23authorized under Section 7.7 is conducted.
24    "Organization gaming license" means a license issued by
25the Illinois Gaming Board under Section 7.7 of this Act
26authorizing gaming pursuant to that Section at an organization

 

 

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1gaming facility.
2    "Organization gaming licensee" means an entity that holds
3an organization gaming license.
4    "Organization licensee" means an entity authorized by the
5Illinois Racing Board to conduct pari-mutuel wagering in
6accordance with the Illinois Horse Racing Act of 1975. With
7respect only to gaming pursuant to an organization gaming
8license, "organization licensee" includes the authorization
9for gaming created under subsection (a) of Section 56 of the
10Illinois Horse Racing Act of 1975.
11(Source: P.A. 100-391, eff. 8-25-17; 101-31, eff. 6-28-19.)
 
12    (230 ILCS 10/8)  (from Ch. 120, par. 2408)
13    Sec. 8. Suppliers licenses.
14    (a) The Board may issue a suppliers license to such
15persons, firms or corporations which apply therefor upon the
16payment of a non-refundable application fee set by the Board,
17upon a determination by the Board that the applicant is
18eligible for a suppliers license and upon payment of a $5,000
19annual license fee.
20    (b) The holder of a suppliers license is authorized to
21sell or lease, and to contract to sell or lease, gambling
22equipment and supplies to any licensee involved in the
23ownership or management of gambling operations.
24    (c) Gambling supplies and equipment may not be distributed
25unless supplies and equipment conform to standards adopted by

 

 

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1rules of the Board.
2    (d) A person, firm or corporation is ineligible to receive
3a suppliers license if:
4        (1) the person has been convicted of a felony under
5    the laws of this State, any other state, or the United
6    States;
7        (2) the person has been convicted of any violation of
8    Article 28 of the Criminal Code of 1961 or the Criminal
9    Code of 2012, or substantially similar laws of any other
10    jurisdiction;
11        (3) the person has submitted an application for a
12    license under this Act which contains false information;
13        (4) the person is a member of the Board;
14        (5) the entity is one in which a person defined in (1),
15    (2), (3) or (4), is an officer, director or managerial
16    employee;
17        (6) the firm or corporation employs a person who
18    participates in the management or operation of gambling
19    authorized under this Act;
20        (7) the license of the person, firm or corporation
21    issued under this Act, or a license to own or operate
22    gambling facilities in any other jurisdiction, has been
23    revoked.
24    (e) Any person that supplies any equipment, devices, or
25supplies to a licensed gambling operation must first obtain a
26suppliers license. A supplier shall furnish to the Board a

 

 

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1list of all equipment, devices and supplies offered for sale
2or lease in connection with gambling games authorized under
3this Act. A supplier shall keep books and records for the
4furnishing of equipment, devices and supplies to gambling
5operations separate and distinct from any other business that
6the supplier might operate. A supplier shall file a quarterly
7return with the Board listing all sales and leases. A supplier
8shall permanently affix its name or a distinctive logo or
9other mark or design element identifying the manufacturer or
10supplier to all its equipment, devices, and supplies, except
11gaming chips without a value impressed, engraved, or imprinted
12on it, for gambling operations. The Board may waive this
13requirement for any specific product or products if it
14determines that the requirement is not necessary to protect
15the integrity of the game. Items purchased from a licensed
16supplier may continue to be used even though the supplier
17subsequently changes its name, distinctive logo, or other mark
18or design element; undergoes a change in ownership; or ceases
19to be licensed as a supplier for any reason. Any supplier's
20equipment, devices or supplies which are used by any person in
21an unauthorized gambling operation shall be forfeited to the
22State. A holder of an owners license or an organization gaming
23license may own its own equipment, devices and supplies. Each
24holder of an owners license or an organization gaming license
25under the Act shall file an annual report listing its
26inventories of gambling equipment, devices and supplies.

 

 

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1    (f) Any person who knowingly makes a false statement on an
2application is guilty of a Class A misdemeanor.
3    (g) Any gambling equipment, devices and supplies provided
4by any licensed supplier may either be repaired on the
5riverboat, in the casino, or at the organization gaming
6facility or removed from the riverboat, casino, or
7organization gaming facility to a facility owned by the holder
8of an owners license, organization gaming license, or
9suppliers license for repair.
10    (h) Nothing in this Act shall be interpreted to require a
11suppliers license for a third-party supplier of an amenities
12outlet or non-gaming operation or function and such suppliers
13shall be exempt from licensure.
14(Source: P.A. 101-31, eff. 6-28-19.)
 
15    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
16    Sec. 9. Occupational licenses.
17    (a) The Board may issue an occupational license to an
18applicant upon the payment of a non-refundable fee set by the
19Board, upon a determination by the Board that the applicant is
20eligible for an occupational license and upon payment of an
21annual license fee in an amount to be established. To be
22eligible for an occupational license, an applicant must:
23        (1) be at least 21 years of age if the applicant will
24    perform any function involved in gaming by patrons. Any
25    applicant seeking an occupational license for a non-gaming

 

 

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1    function shall be at least 18 years of age;
2        (2) not have been convicted of a felony offense, a
3    violation of Article 28 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, or a similar statute of any other
5    jurisdiction;
6        (2.5) not have been convicted of a crime, other than a
7    crime described in item (2) of this subsection (a),
8    involving dishonesty or moral turpitude, except that the
9    Board may, in its discretion, issue an occupational
10    license to a person who has been convicted of a crime
11    described in this item (2.5) more than 10 years prior to
12    his or her application and has not subsequently been
13    convicted of any other crime;
14        (3) have demonstrated a level of skill or knowledge
15    which the Board determines to be necessary in order to
16    operate gambling aboard a riverboat, in a casino, or at an
17    organization gaming facility; and
18        (4) have met standards for the holding of an
19    occupational license as adopted by rules of the Board.
20    Such rules shall provide that any person or entity seeking
21    an occupational license to manage gambling operations
22    under this Act shall be subject to background inquiries
23    and further requirements similar to those required of
24    applicants for an owners license. Furthermore, such rules
25    shall provide that each such entity shall be permitted to
26    manage gambling operations for only one licensed owner.

 

 

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1    (b) Each application for an occupational license shall be
2on forms prescribed by the Board and shall contain all
3information required by the Board. The applicant shall set
4forth in the application: whether he has been issued prior
5gambling related licenses; whether he has been licensed in any
6other state under any other name, and, if so, such name and his
7age; and whether or not a permit or license issued to him in
8any other state has been suspended, restricted or revoked,
9and, if so, for what period of time.
10    (c) Each applicant shall submit with his application, on
11forms provided by the Board, 2 sets of his fingerprints. The
12Board shall charge each applicant a fee set by the Department
13of State Police to defray the costs associated with the search
14and classification of fingerprints obtained by the Board with
15respect to the applicant's application. These fees shall be
16paid into the State Police Services Fund.
17    (d) The Board may in its discretion refuse an occupational
18license to any person: (1) who is unqualified to perform the
19duties required of such applicant; (2) who fails to disclose
20or states falsely any information called for in the
21application; (3) who has been found guilty of a violation of
22this Act or whose prior gambling related license or
23application therefor has been suspended, restricted, revoked
24or denied for just cause in any other state; or (4) for any
25other just cause.
26    (e) The Board may suspend, revoke or restrict any

 

 

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1occupational licensee: (1) for violation of any provision of
2this Act; (2) for violation of any of the rules and regulations
3of the Board; (3) for any cause which, if known to the Board,
4would have disqualified the applicant from receiving such
5license; or (4) for default in the payment of any obligation or
6debt due to the State of Illinois; or (5) for any other just
7cause.
8    (f) A person who knowingly makes a false statement on an
9application is guilty of a Class A misdemeanor.
10    (g) Any license issued pursuant to this Section shall be
11valid for a period of one year from the date of issuance.
12    (h) Nothing in this Act shall be interpreted to prohibit a
13licensed owner or organization gaming licensee from entering
14into an agreement with a public community college or a school
15approved under the Private Business and Vocational Schools Act
16of 2012 for the training of any occupational licensee. Any
17training offered by such a school shall be in accordance with a
18written agreement between the licensed owner or organization
19gaming licensee and the school.
20    (i) Any training provided for occupational licensees may
21be conducted either at the site of the gambling facility or at
22a school with which a licensed owner or organization gaming
23licensee has entered into an agreement pursuant to subsection
24(h).
25    (j) Nothing in this Act shall be interpreted to require an
26occupational license for a person whose duties do not directly

 

 

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1involve gaming activities or who is employed exclusively in an
2amenities outlet or non-gaming operation or function. A person
3who meets these requirements is exempt from occupational
4licensure.
5(Source: P.A. 101-31, eff. 6-28-19.)