102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3203

 

Introduced 1/14/2022, by Sen. Napoleon Harris, III

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Charitable Games Act. Requires a licensee seeking to sponsor more than 4 charitable game nights per year to pay an additional nonrefundable fee of $50 for each additional night to the Department of Revenue at least 30 days prior to the night or nights the licensee wishes to conduct such games. Prohibits a licensee from sponsoring more than 12 charitable game nights per year. Removes provisions that provide that persons in charge of the necessary day-to-day operations of the charitable games have not participated in the operation of more than 12 charitable games and those persons have not received compensation for participating in the operation of the games. Prohibits the Department from issuing 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 previous used for 48 (instead of 12) charitable games nights during the previous 12 months. Requires the Department to license providers of charitable games at a nonrefundable biennial fee of $400 (instead of an annual fee of $50 or a nonrefundable triennial license fee of $150). Provides that each providers' license is valid for 2 years (instead of one year or 3 years for a triennial license). Provides that the Department shall receive a fee of $200 for a one year extension. Allows a licensee who conducts charitable games on its own premises to obtain a providers' license to allow the licensee to provide its premises to another licensee for the conducting of an additional 12 (instead of 4) charitable games events. Provides that the maximum number of charitable games events that may be held at any one premises is limited to 48 (instead of 12) charitable games events per calendar year. Removes provisions that provide that: no person except a bona fide member or employee of the sponsoring organization may participate in the management or operation of the game; no person may receive any compensation from any source for participating in the operation of the game; and no employee, owner, or officer of a consultant service hired by a licensed organization to perform services at the event may participate in the operation of the games.


LRB102 23732 AMQ 32921 b

 

 

A BILL FOR

 

SB3203LRB102 23732 AMQ 32921 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 Charitable Games Act is amended by changing
5Sections 3, 4, 5, 5.1, and 8 as follows:
 
6    (230 ILCS 30/3)  (from Ch. 120, par. 1123)
7    Sec. 3. The Department of Revenue shall, upon application
8therefor on forms prescribed by the Department, and upon the
9payment of a nonrefundable fee of $400 due upon application
10and each renewal, and upon a determination by the Department
11that the applicant meets all of the qualifications specified
12in this Act, issue a charitable games license for the
13conducting of charitable games to any of the following:
14        (i) Any local fraternal mutual benefit organization
15    chartered at least 40 years before it applies for a
16    license under this Act.
17        (ii) Any qualified organization organized in Illinois
18    which operates without profit to its members, which has
19    been in existence in Illinois continuously for a period of
20    5 years immediately before making application for a
21    license and which has had during that 5 year period a bona
22    fide membership engaged in carrying out its objects.
23    However, the 5 year requirement shall be reduced to 2

 

 

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1    years, as applied to a local organization which is
2    affiliated with and chartered by a national organization
3    which meets the 5 year requirement. The period of
4    existence specified above shall not apply to a qualified
5    organization, organized for charitable purpose, created by
6    a fraternal organization that meets the existence
7    requirements if the charitable organization has the same
8    officers and directors as the fraternal organization. Only
9    one charitable organization created by a branch lodge or
10    chapter of a fraternal organization may be licensed under
11    this provision.
12    The application shall be signed by a person listed on the
13application as an owner, officer, or other person in charge of
14the necessary day-to-day operations of the applicant
15organization, who shall attest under penalties of perjury that
16the information contained in the application is true, correct,
17and complete.
18    Each license shall be in effect for 2 years from its date
19of issuance unless extended, suspended, or revoked by
20Department action before that date. Any extension shall not
21exceed one year. The Department may by rule authorize the
22filing by electronic means of any application, license,
23permit, return, or registration required under this Act. A
24licensee may hold only one license. Each license must be
25applied for at least 30 days prior to the night or nights the
26licensee wishes to conduct such games. A licensee seeking to

 

 

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1sponsor more than 4 charitable game nights per year shall pay
2an additional nonrefundable fee of $50 for each additional
3night to the Department at least 30 days prior to the night or
4nights the licensee wishes to conduct such games. A licensee
5shall not sponsor more than 12 charitable game nights per
6year. The Department may issue a license to a licensee that
7applies less than 30 days prior to the night or nights the
8licensee wishes to conduct the games if all other requirements
9of this Act are met and the Department has sufficient time and
10resources to issue the license in a timely manner. The
11Department may provide by rule for an extension of any
12charitable games license issued under this Act. If a licensee
13wishes to conduct games at a location other than the locations
14originally specified in the license, the licensee shall notify
15the Department of the proposed alternate location at least 30
16days before the night on which the licensee wishes to conduct
17games at the alternate location. The Department may accept an
18applicant's change in location with less than 30 days' notice
19if all other requirements of this Act are met and the
20Department has sufficient time and resources to process the
21change in a timely manner.
22    All taxes and fees imposed by this Act, unless otherwise
23specified, shall be paid into the Illinois Gaming Law
24Enforcement Fund of the State Treasury.
25(Source: P.A. 98-377, eff. 1-1-14.)
 

 

 

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1    (230 ILCS 30/4)  (from Ch. 120, par. 1124)
2    Sec. 4. Licensing Restrictions. Licensing for the
3conducting of charitable games is subject to the following
4restrictions:
5        (1) The license application, when submitted to the
6    Department of Revenue, must contain a sworn statement
7    attesting to the not-for-profit character of the
8    prospective licensee organization, signed by a person
9    listed on the application as an owner, officer, or other
10    person in charge of the necessary day-to-day operations.
11    The application shall contain the name of the person in
12    charge of and primarily responsible for the conduct of the
13    charitable games. The person so designated shall be
14    present on the premises continuously during charitable
15    games.
16        (2) The license application shall be prepared by the
17    prospective licensee organization or its duly authorized
18    representative in accordance with the rules of the
19    Department of Revenue.
20        (2.1) The organization shall maintain among its books
21    and records a list of the names, addresses, social
22    security numbers, and dates of birth of all persons who
23    will participate in the management or operation of the
24    games, along with a sworn statement made under penalties
25    of perjury, signed by a person listed on the application
26    as an owner, officer, or other person in charge of the

 

 

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1    necessary day-to-day operations, that the persons listed
2    as participating in the management or operation of the
3    games are bona fide members, volunteers as defined in
4    Section 2, or employees of the applicant, or are paid in
5    compliance with the Minimum Wage Law for the management or
6    operation of the charitable games that these persons have
7    not participated in the management or operation of more
8    than 12 charitable games events conducted by any licensee
9    in the calendar year, and that these persons will receive
10    no remuneration or compensation, directly or indirectly
11    from any source, for participating in the management or
12    operation of the games. Any amendments to this listing
13    must contain an identical sworn statement.
14        (2.2) (Blank).
15        (3) Each license shall state the date, hours and at
16    what locations the licensee is permitted to conduct
17    charitable games.
18        (4) Each licensee shall file a copy of the license
19    with each police department or, if in unincorporated
20    areas, each sheriff's office whose jurisdiction includes
21    the premises on which the charitable games are authorized
22    under the license.
23        (5) The licensee shall prominently display the license
24    in the area where the licensee is to conduct charitable
25    games. The licensee shall likewise display, in the form
26    and manner prescribed by the Department, the provisions of

 

 

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1    Section 9 of this Act.
2        (6) (Blank).
3        (7) (Blank).
4        (8) A license is not assignable or transferable.
5        (9) The Unless the premises for conducting charitable
6    games are provided by a municipality, the Department shall
7    not issue a license permitting a person, firm or
8    corporation to sponsor a charitable games night if the
9    premises for the conduct of the charitable games has been
10    previously used for 48 12 charitable games nights during
11    the previous 12 months.
12        (10) Auxiliary organizations of a licensee shall not
13    be eligible for a license to conduct charitable games,
14    except for auxiliary organizations of veterans
15    organizations as authorized in Section 2.
16        (11) Charitable games must be conducted in accordance
17    with local building and fire code requirements.
18        (12) The licensee shall consent to allowing the
19    Department's employees to be present on the premises
20    wherein the charitable games are conducted and to inspect
21    or test equipment, devices and supplies used in the
22    conduct of the game.
23    Nothing in this Section shall be construed to prohibit a
24licensee that conducts charitable games on its own premises
25from also obtaining a providers' license in accordance with
26Section 5.1. The maximum number of charitable games events

 

 

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1that may be held in any one premises is limited to no more than
248 12 charitable games events per calendar year.
3(Source: P.A. 98-377, eff. 1-1-14; 98-1071, eff. 8-26-14.)
 
4    (230 ILCS 30/5)  (from Ch. 120, par. 1125)
5    Sec. 5. Providers' License. The Department shall issue a
6providers' license permitting a person, firm or corporation to
7provide premises for the conduct of charitable games. No
8person, firm or corporation may rent or otherwise provide
9premises without having first obtained a license. Applications
10for providers' licenses shall be made in writing in accordance
11with Department rules. Beginning on the effective date of this
12amendatory Act of the 102nd General Assembly, the The
13Department shall license providers of charitable games at a
14nonrefundable biennial fee of $400 annual fee of $50, or
15nonrefundable triennial license fee of $150. Each providers'
16license is valid for 2 years one year from the date of
17issuance, or 3 years from date of issuance for a triennial
18license, unless extended, suspended, or revoked by Department
19action before that date. Any extension of a providers' license
20shall not exceed one year. The Department shall receive a fee
21of $200 for a one year extension. A license issued before the
22effective date of this amendatory Act of the 102nd General
23Assembly shall remain valid until its expiration unless
24otherwise suspended or revoked by the Department. A provider
25may receive reasonable compensation for the provision of the

 

 

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1premises. Reasonable expenses shall include only those
2expenses defined as reasonable by rules adopted by the
3Department. A provider, other than a municipality, may not
4provide the same premises for conducting more than 12
5charitable games nights per year. A provider shall not have
6any interest in any suppliers' business, either direct or
7indirect. A municipality may provide the same premises for
8conducting 48 charitable games nights during a 12-month
9period. No employee, officer, or owner of a provider may
10participate in the management or operation of a charitable
11games event, even if the employee, officer, or owner is also a
12member, volunteer, or employee of the charitable games
13licensee. A provider may not promote or solicit a charitable
14games event on behalf of a charitable games licensee or
15qualified organization. Any qualified organization licensed to
16conduct a charitable game need not obtain a providers' license
17if such games are to be conducted on the organization's
18premises.
19(Source: P.A. 98-377, eff. 1-1-14.)
 
20    (230 ILCS 30/5.1)  (from Ch. 120, par. 1125.1)
21    Sec. 5.1. If a licensee conducts charitable games on its
22own premises, the licensee may also obtain a providers'
23license in accordance with Section 5 to allow the licensee to
24rent or otherwise provide its premises to another licensee for
25the conducting of an additional 12 4 charitable games events.

 

 

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1The maximum number of charitable games events that may be held
2at any one premises is limited to 48 12 charitable games events
3per calendar year.
4(Source: P.A. 98-1071, eff. 8-26-14.)
 
5    (230 ILCS 30/8)  (from Ch. 120, par. 1128)
6    Sec. 8. The conducting of charitable games is subject to
7the following restrictions:
8        (1) The entire net proceeds from charitable games must
9    be exclusively devoted to the lawful purposes of the
10    organization permitted to conduct that game.
11        (2) (Blank). No person except a bona fide member or
12    employee of the sponsoring organization, or a volunteer
13    recruited by the sponsoring organization, may participate
14    in the management or operation of the game. A person
15    participates in the management or operation of a
16    charitable game when he or she sells admission tickets at
17    the event; sells, redeems, or in any way assists in the
18    selling or redeeming of chips, scrip, or play money;
19    participates in the conducting of any of the games played
20    during the event, or supervises, directs or instructs
21    anyone conducting a game; or at any time during the hours
22    of the charitable games event counts, handles, or
23    supervises anyone counting or handling any of the proceeds
24    or chips, scrip, or play money at the event. A person who
25    is present to ensure that the games are being conducted in

 

 

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1    conformance with the rules established by the licensed
2    organization or is present to insure that the equipment is
3    working properly is considered to be participating in the
4    management or operation of a game. Setting up, cleaning
5    up, selling food and drink, or providing security for
6    persons or property at the event does not constitute
7    participation in the management or operation of the game.
8        Only bona fide members, volunteers as defined in
9    Section 2 of this Act, and employees of the sponsoring
10    organization may participate in the management or
11    operation of the games. Participation in the management or
12    operation of the games is limited to no more than 12
13    charitable games events, either of the sponsoring
14    organization or any other licensed organization, during a
15    calendar year.
16        (3) (Blank). No person may receive any remuneration or
17    compensation either directly or indirectly from any source
18    for participating in the management or operation of the
19    game.
20        (4) No single bet at any house-banked game may exceed
21    $20.
22        (5) A bank shall be established on the premises to
23    convert currency into chips, scrip, or other form of play
24    money which shall then be used to play at games of chance
25    which the participant chooses. Chips, scrip, or play money
26    must be permanently monogrammed with the supplier license

 

 

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1    number or logo or charitable games license number of a
2    licensed organization or of the supplier. Each participant
3    must be issued a receipt indicating the amount of chips,
4    scrip, or play money purchased.
5        (6) At the conclusion of the event or when the
6    participant leaves, he or she may cash in his or her chips,
7    scrip, or play money in exchange for currency not to
8    exceed $500 in cash winnings, up to $5,000 in the form of a
9    cashier's check, teller's check, or certified check, or
10    unlimited noncash prizes. Each participant shall sign for
11    any receipt of prizes. The licensee shall provide the
12    Department of Revenue with a listing of all prizes
13    awarded, including the retail value of all prizes awarded.
14        (7) Each licensee shall be permitted to conduct
15    charitable games on not more than 12 4 days each year.
16    Nothing in this Section shall be construed to prohibit a
17    licensee that conducts charitable games on its own
18    premises from also obtaining a providers' license in
19    accordance with Section 7 of this Act.
20        (8) The Unless the provider of the premises is a
21    municipality, the provider of the premises may not rent or
22    otherwise provide the premises for the conducting of more
23    than 48 12 charitable games nights per calendar year.
24        (9) A charitable games event is considered to be a
25    one-day event and charitable games may not be played
26    between the hours of 2:00 a.m. and noon.

 

 

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1        (10) No person under the age of 18 years may play or
2    participate in the conducting of charitable games. Any
3    person under the age of 18 years may be within the area
4    where charitable games are being played only when
5    accompanied by his parent or guardian.
6        (11) No one other than the sponsoring organization of
7    charitable games must have a proprietary interest in the
8    game promoted.
9        (12) Raffles or other forms of gambling prohibited by
10    law shall not be conducted on the premises where
11    charitable games are being conducted.
12        (13) Such games are not expressly prohibited by county
13    ordinance for charitable games conducted in the
14    unincorporated areas of the county or municipal ordinance
15    for charitable games conducted in the municipality and the
16    ordinance is filed with the Department of Revenue. The
17    Department shall provide each county or municipality with
18    a list of organizations licensed or subsequently
19    authorized by the Department to conduct charitable games
20    in their jurisdiction.
21        (14) The sale of tangible personal property at
22    charitable games is subject to all State and local taxes
23    and obligations.
24        (15) Each licensee may offer or conduct only the games
25    listed below, which must be conducted in accordance with
26    rules posted by the organization. The organization

 

 

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1    sponsoring charitable games shall promulgate rules, and
2    make printed copies available to participants, for the
3    following games: (a) roulette; (b) blackjack; (c) poker;
4    (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer;
5    (h) big six; (i) gin rummy; (j) five card stud poker; (k)
6    chuck-a-luck; (l) keno; (m) hold-em poker; and (n)
7    merchandise wheel. A licensee need not offer or conduct
8    every game permitted by law. The conducting of games not
9    listed above is prohibited by this Act.
10        (16) No slot machines or coin-in-the-slot-operated
11    devices that allow a participant to play games of chance
12    shall be permitted to be used at the location and during
13    the time at which the charitable games are being
14    conducted. However, establishments that have video gaming
15    terminals licensed under the Video Gaming Act may operate
16    them along with charitable games under rules adopted by
17    the Department.
18        (17) No cards, dice, wheels, or other equipment may be
19    modified or altered so as to give the licensee a greater
20    advantage in winning, other than as provided under the
21    normal rules of play of a particular game.
22        (18) No credit shall be extended to any of the
23    participants.
24        (19) (Blank).
25        (20) A supplier may have only one representative
26    present at the charitable games event, for the exclusive

 

 

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1    purpose of ensuring that its equipment is not damaged.
2        (21) (Blank). No employee, owner, or officer of a
3    consultant service hired by a licensed organization to
4    perform services at the event including, but not limited
5    to, security for persons or property at the event or
6    services before the event including, but not limited to,
7    training for volunteers or advertising may participate in
8    the management or operation of the games.
9        (22) (Blank).
10(Source: P.A. 98-377, eff. 1-1-14; 98-1071, eff. 8-26-14.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    230 ILCS 30/3from Ch. 120, par. 1123
4    230 ILCS 30/4from Ch. 120, par. 1124
5    230 ILCS 30/5from Ch. 120, par. 1125
6    230 ILCS 30/5.1from Ch. 120, par. 1125.1
7    230 ILCS 30/8from Ch. 120, par. 1128