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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 Video Gaming
Act is amended by changing | |||||||||||||||||||||||
5 | Section 35 as follows: | |||||||||||||||||||||||
6 | (230 ILCS 40/35)
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7 | Sec. 35. Display of license; confiscation; violation as | |||||||||||||||||||||||
8 | felony. | |||||||||||||||||||||||
9 | (a) Each
video gaming terminal shall be licensed by the | |||||||||||||||||||||||
10 | Board before placement
or operation on the premises of a | |||||||||||||||||||||||
11 | licensed establishment, licensed truck stop
establishment, | |||||||||||||||||||||||
12 | licensed large truck stop establishment, licensed
fraternal | |||||||||||||||||||||||
13 | establishment, or licensed veterans establishment. The license | |||||||||||||||||||||||
14 | of
each video gaming terminal shall be maintained
at the | |||||||||||||||||||||||
15 | location where the video gaming terminal is operated. Failure | |||||||||||||||||||||||
16 | to do so
is a petty offense with a fine
not to exceed $100.
Any | |||||||||||||||||||||||
17 | licensed establishment, licensed truck stop establishment, | |||||||||||||||||||||||
18 | licensed large truck stop establishment, licensed
fraternal | |||||||||||||||||||||||
19 | establishment, or licensed
veterans establishment
used for the | |||||||||||||||||||||||
20 | conduct of gambling games in violation of this Act shall be
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21 | considered a gambling place in violation of Section 28-3 of | |||||||||||||||||||||||
22 | the Criminal
Code of 2012. Every gambling device found in
a | |||||||||||||||||||||||
23 | licensed establishment, licensed truck stop establishment, |
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| |||||||
1 | licensed large truck stop establishment, licensed fraternal
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2 | establishment, or licensed
veterans establishment operating | ||||||
3 | gambling games in violation of this
Act shall be subject to | ||||||
4 | seizure, confiscation, and destruction as provided
in Section | ||||||
5 | 28-5 of the Criminal Code of 2012.
Any license issued under the | ||||||
6 | Liquor Control Act
of 1934 to any owner or operator of a | ||||||
7 | licensed establishment, licensed truck
stop establishment, | ||||||
8 | licensed large truck stop establishment, licensed
fraternal | ||||||
9 | establishment, or licensed veterans establishment that | ||||||
10 | operates or
permits the operation of a video gaming terminal | ||||||
11 | within its establishment in
violation of this Act shall be | ||||||
12 | immediately revoked.
No person may own, operate, have in his | ||||||
13 | or her possession or custody or under
his or her control, or | ||||||
14 | permit to be kept in any place under his or her
possession or | ||||||
15 | control, any
device that awards credits and contains a | ||||||
16 | circuit, meter, or switch capable of
removing and recording | ||||||
17 | the removal of credits when the award of credits is
dependent | ||||||
18 | upon chance. | ||||||
19 | Nothing in this Section shall be deemed to prohibit the | ||||||
20 | use of a game device only if the game device is used in an | ||||||
21 | activity that is not gambling under subsection (b) of Section | ||||||
22 | 28-1 of the Criminal Code of 2012. | ||||||
23 | A violation of this Section is a Class 4 felony. All
| ||||||
24 | devices that are owned, operated, or possessed in violation of | ||||||
25 | this Section are
hereby declared to be public nuisances and | ||||||
26 | shall be subject to seizure,
confiscation, and destruction as |
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1 | provided in Section 28-5 of the Criminal Code
of 2012.
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2 | The provisions of this Section do not apply to devices or | ||||||
3 | electronic video
game terminals licensed pursuant to this Act. | ||||||
4 | A video gaming terminal operated for amusement only and | ||||||
5 | bearing a valid amusement tax sticker shall not be subject to | ||||||
6 | this Section until 30 days after the Board establishes that | ||||||
7 | the central communications system is functional.
| ||||||
8 | (b) (1) The odds of winning each video game shall be posted | ||||||
9 | on or near each video gaming terminal. The manner in which the | ||||||
10 | odds are calculated and how they are posted shall be | ||||||
11 | determined by the Board by rule. | ||||||
12 | (2) No video gaming terminal licensed under this Act may | ||||||
13 | be played except during the legal hours of operation allowed | ||||||
14 | for the consumption of alcoholic beverages at the licensed | ||||||
15 | establishment, licensed fraternal establishment, or licensed | ||||||
16 | veterans establishment. A licensed establishment, licensed | ||||||
17 | fraternal establishment, or licensed veterans establishment | ||||||
18 | that violates this subsection is subject to termination of its | ||||||
19 | license by the Board. | ||||||
20 | (Source: P.A. 101-31, eff. 6-28-19.) | ||||||
21 | Section 10. The Criminal Code of 2012 is amended by | ||||||
22 | changing Sections 28-1 and 28-2 as follows:
| ||||||
23 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
24 | Sec. 28-1. Gambling.
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1 | (a) A person commits gambling when he or she:
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2 | (1) knowingly plays a game of chance or skill for | ||||||
3 | money or other thing of
value, unless excepted in | ||||||
4 | subsection (b) of this Section;
| ||||||
5 | (2) knowingly makes a wager upon the result of any | ||||||
6 | game, contest, or any
political nomination, appointment or | ||||||
7 | election;
| ||||||
8 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
9 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
10 | manufactures or distributes any
gambling device;
| ||||||
11 | (4) contracts to have or give himself or herself or | ||||||
12 | another the option to buy
or sell, or contracts to buy or | ||||||
13 | sell, at a future time, any grain or
other commodity | ||||||
14 | whatsoever, or any stock or security of any company,
where | ||||||
15 | it is at the time of making such contract intended by both | ||||||
16 | parties
thereto that the contract to buy or sell, or the | ||||||
17 | option, whenever
exercised, or the contract resulting | ||||||
18 | therefrom, shall be settled, not by
the receipt or | ||||||
19 | delivery of such property, but by the payment only of
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20 | differences in prices thereof; however, the issuance, | ||||||
21 | purchase, sale,
exercise, endorsement or guarantee, by or | ||||||
22 | through a person registered
with the Secretary of State | ||||||
23 | pursuant to Section 8 of the Illinois
Securities Law of | ||||||
24 | 1953, or by or through a person exempt from such
| ||||||
25 | registration under said Section 8, of a put, call, or | ||||||
26 | other option to
buy or sell securities which have been |
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1 | registered with the Secretary of
State or which are exempt | ||||||
2 | from such registration under Section 3 of the
Illinois | ||||||
3 | Securities Law of 1953 is not gambling within the meaning | ||||||
4 | of
this paragraph (4);
| ||||||
5 | (5) knowingly owns or possesses any book, instrument , | ||||||
6 | or apparatus by
means of which bets or wagers have been, or | ||||||
7 | are, recorded or registered,
or knowingly possesses any | ||||||
8 | money which he or she has received in the course of
a bet | ||||||
9 | or wager;
| ||||||
10 | (6) knowingly sells pools upon the result of any game | ||||||
11 | or contest of skill or
chance, political nomination, | ||||||
12 | appointment , or election;
| ||||||
13 | (7) knowingly sets up or promotes any lottery or | ||||||
14 | sells, offers to sell , or
transfers any ticket or share | ||||||
15 | for any lottery;
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16 | (8) knowingly sets up or promotes any policy game or | ||||||
17 | sells, offers to sell , or
knowingly possesses or transfers | ||||||
18 | any policy ticket, slip, record,
document , or other | ||||||
19 | similar device;
| ||||||
20 | (9) knowingly drafts, prints , or publishes any lottery | ||||||
21 | ticket or share,
or any policy ticket, slip, record, | ||||||
22 | document , or similar device, except for
such activity | ||||||
23 | related to lotteries, bingo games , and raffles authorized | ||||||
24 | by
and conducted in accordance with the laws of Illinois | ||||||
25 | or any other state or
foreign government;
| ||||||
26 | (10) knowingly advertises any lottery or policy game, |
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1 | except for such
activity related to lotteries, bingo | ||||||
2 | games , and raffles authorized by and
conducted in | ||||||
3 | accordance with the laws of Illinois or any other state;
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4 | (11) knowingly transmits information as to wagers, | ||||||
5 | betting odds, or
changes in betting odds by telephone, | ||||||
6 | telegraph, radio, semaphore , or
similar means; or | ||||||
7 | knowingly installs or maintains equipment for the
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8 | transmission or receipt of such information; except that | ||||||
9 | nothing in this
subdivision (11) prohibits transmission or | ||||||
10 | receipt of such information
for use in news reporting of | ||||||
11 | sporting events or contests; or
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12 | (12) knowingly establishes, maintains, or operates an | ||||||
13 | Internet site that
permits a person to play a game of
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14 | chance or skill for money or other thing of value by means | ||||||
15 | of the Internet or
to make a wager upon the
result of any | ||||||
16 | game, contest, political nomination, appointment, or
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17 | election by means of the Internet. This item (12) does not | ||||||
18 | apply to activities referenced in items (6), (6.1), (8), | ||||||
19 | (8.1), and (15) of subsection (b) of this Section.
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20 | (b) Participants in any of the following activities shall | ||||||
21 | not be
convicted of gambling:
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22 | (1) Agreements to compensate for loss caused by the | ||||||
23 | happening of
chance , including , without limitation , | ||||||
24 | contracts of indemnity or guaranty
and life or health or | ||||||
25 | accident insurance.
| ||||||
26 | (2) Offers of prizes, award , or compensation to the |
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1 | actual
contestants in any bona fide contest for the | ||||||
2 | determination of skill,
speed, strength , or endurance or | ||||||
3 | to the owners of animals or vehicles
entered in such | ||||||
4 | contest.
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5 | (3) Pari-mutuel betting as authorized by the law of | ||||||
6 | this State.
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7 | (4) Manufacture of gambling devices, including the | ||||||
8 | acquisition of
essential parts therefor and the assembly | ||||||
9 | thereof, for transportation in
interstate or foreign | ||||||
10 | commerce to any place outside this State when such
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11 | transportation is not prohibited by any applicable Federal | ||||||
12 | law; or the
manufacture, distribution, or possession of | ||||||
13 | video gaming terminals, as
defined in the Video Gaming | ||||||
14 | Act, by manufacturers, distributors, and
terminal | ||||||
15 | operators licensed to do so under the Video Gaming Act.
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16 | (5) The game commonly known as "bingo", when conducted | ||||||
17 | in accordance
with the Bingo License and Tax Act.
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18 | (6) Lotteries when conducted by the State of Illinois | ||||||
19 | in accordance
with the Illinois Lottery Law. This | ||||||
20 | exemption includes any activity conducted by the | ||||||
21 | Department of Revenue to sell lottery tickets pursuant to | ||||||
22 | the provisions of the Illinois Lottery Law and its rules.
| ||||||
23 | (6.1) The purchase of lottery tickets through the | ||||||
24 | Internet for a lottery conducted by the State of Illinois | ||||||
25 | under the program established in Section 7.12 of the | ||||||
26 | Illinois Lottery Law.
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1 | (7) Possession of an antique slot machine that is | ||||||
2 | neither used nor
intended to be used in the operation or | ||||||
3 | promotion of any unlawful
gambling activity or enterprise. | ||||||
4 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
5 | slot machine is one manufactured 25 years ago or earlier.
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6 | (8) Raffles and poker runs when conducted in | ||||||
7 | accordance with the Raffles and Poker Runs Act.
| ||||||
8 | (8.1) The purchase of raffle chances for a raffle | ||||||
9 | conducted in accordance with the Raffles and Poker Runs | ||||||
10 | Act. | ||||||
11 | (9) Charitable games when conducted in accordance with | ||||||
12 | the Charitable
Games Act.
| ||||||
13 | (10) Pull tabs and jar games when conducted under the | ||||||
14 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
15 | (11) Gambling games when
authorized by the Illinois | ||||||
16 | Gambling Act.
| ||||||
17 | (12) Video gaming terminal games at a licensed | ||||||
18 | establishment, licensed truck stop establishment, licensed | ||||||
19 | large truck stop establishment,
licensed
fraternal | ||||||
20 | establishment, or licensed veterans establishment when
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21 | conducted in accordance with the Video Gaming Act. | ||||||
22 | (13) Games of skill or chance where money or other | ||||||
23 | things of value can be won but no payment or purchase is | ||||||
24 | required to participate , except where participation in | ||||||
25 | such game of skill or chance is accomplished using a | ||||||
26 | gambling device prohibited by Section 28-2(a)(iii) . |
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1 | (14) Savings promotion raffles authorized under | ||||||
2 | Section 5g of the Illinois Banking Act, Section 7008 of | ||||||
3 | the Savings Bank Act, Section 42.7 of the Illinois Credit | ||||||
4 | Union Act, Section 5136B of the National Bank Act (12 | ||||||
5 | U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 | ||||||
6 | U.S.C. 1463). | ||||||
7 | (15) Sports wagering when conducted in accordance with | ||||||
8 | the Sports Wagering Act. | ||||||
9 | (c) Sentence.
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10 | (1) Gambling is a
Class A misdemeanor. A second or
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11 | subsequent conviction under subsections (a)(3) through | ||||||
12 | (a)(12),
is a Class 4 felony.
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13 | (2) Notwithstanding subsection (c)(1), or anything | ||||||
14 | else contained in this Section to the contrary, a gambling | ||||||
15 | offense involving a device described in Section | ||||||
16 | 28-2(a)(iii) is a Class 4 felony. | ||||||
17 | (d) Circumstantial evidence.
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18 | In prosecutions under
this
Section circumstantial evidence | ||||||
19 | shall have the same validity and weight as
in any criminal | ||||||
20 | prosecution.
| ||||||
21 | (Source: P.A. 101-31, Article 25, Section 25-915, eff. | ||||||
22 | 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; | ||||||
23 | 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
| ||||||
24 | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
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25 | Sec. 28-2. Definitions.
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1 | (a) A "gambling device" is : (i) any clock, tape machine, | ||||||
2 | slot machine , or
other machines or device for the reception of | ||||||
3 | money or other thing of value
on chance or skill or upon the | ||||||
4 | action of which money or other thing of
value is staked, | ||||||
5 | hazarded, bet, won, or lost; (ii) or any mechanism, furniture,
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6 | fixture, equipment, or other device designed primarily for use | ||||||
7 | in a gambling
place ; or (iii) any vending or other electronic | ||||||
8 | machine or device, including, without limitation, a machine or | ||||||
9 | device that awards credits and contains a circuit, meter, or | ||||||
10 | switch capable of removing and recording the removal of | ||||||
11 | credits that offers a person entry into any contest, | ||||||
12 | competition, sweepstakes, scheme, plan, or other selection | ||||||
13 | process that involves or is dependent upon an element of | ||||||
14 | chance for which the person may receive a gift, award, or other | ||||||
15 | item or service of value if that offer is incidental to or | ||||||
16 | results from: (A) the purchase of an item or service of value; | ||||||
17 | or (B) the purchase or gratuitous receipt of a coupon, | ||||||
18 | voucher, certificate, or other similar credit that can be | ||||||
19 | redeemed for or applied towards an item or service of value | ||||||
20 | from such machine or device or elsewhere . A "gambling device" | ||||||
21 | does not include:
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22 | (1) A coin-in-the-slot operated mechanical device | ||||||
23 | played for amusement
which rewards the player with the | ||||||
24 | right to replay such mechanical device,
which device is so | ||||||
25 | constructed or devised as to make such result of the
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26 | operation thereof depend in part upon the skill of the |
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1 | player and which
returns to the player thereof no money, | ||||||
2 | property, or right to receive money
or property.
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3 | (2) Except as otherwise provided in this subsection | ||||||
4 | (a), a vending machine Vending machines by which full and | ||||||
5 | adequate return is made for the
money invested and in | ||||||
6 | which there is no element of chance or hazard.
| ||||||
7 | (3) A crane game. For the purposes of this paragraph | ||||||
8 | (3), a "crane
game" is an amusement device involving | ||||||
9 | skill, if it rewards the player
exclusively with | ||||||
10 | merchandise contained within the amusement device proper
| ||||||
11 | and limited to toys, novelties, and prizes other than | ||||||
12 | currency, each having
a wholesale value which is not more | ||||||
13 | than $25.
| ||||||
14 | (4) A redemption machine. For the purposes of this | ||||||
15 | paragraph (4), a
"redemption machine" is a single-player | ||||||
16 | or multi-player amusement device
involving a game, the | ||||||
17 | object of which is throwing, rolling, bowling,
shooting, | ||||||
18 | placing, or propelling a ball or other object that is | ||||||
19 | either physical or computer generated on a display or with | ||||||
20 | lights into, upon, or
against a hole or other target that | ||||||
21 | is either physical or computer generated on a display or | ||||||
22 | with lights, or stopping, by physical, mechanical, or | ||||||
23 | electronic means, a moving object that is either physical | ||||||
24 | or computer generated on a display or with lights into, | ||||||
25 | upon, or
against a hole or other target that is either | ||||||
26 | physical or computer generated on a display or with |
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1 | lights, provided that all of the following
conditions are | ||||||
2 | met:
| ||||||
3 | (A) The outcome of the game is predominantly | ||||||
4 | determined by the
skill of the player.
| ||||||
5 | (B) The award of the prize is based solely upon the | ||||||
6 | player's
achieving the object of the game or otherwise | ||||||
7 | upon the player's score.
| ||||||
8 | (C) Only merchandise prizes are awarded.
| ||||||
9 | (D) The wholesale value of prizes awarded in lieu | ||||||
10 | of tickets
or tokens for single play of the device does | ||||||
11 | not exceed $25.
| ||||||
12 | (E) The redemption value of tickets, tokens, and | ||||||
13 | other representations
of value, which may be | ||||||
14 | accumulated by players to redeem prizes of greater
| ||||||
15 | value, for a single play of the device does not exceed | ||||||
16 | $25.
| ||||||
17 | (5) Video gaming terminals at a licensed | ||||||
18 | establishment, licensed truck stop establishment,
licensed | ||||||
19 | large truck stop establishment, licensed
fraternal | ||||||
20 | establishment, or licensed veterans establishment licensed | ||||||
21 | in accordance with the Video Gaming Act. | ||||||
22 | (a-5) "Internet" means an interactive computer service or | ||||||
23 | system or an
information service, system, or access software | ||||||
24 | provider that provides or
enables computer access by multiple | ||||||
25 | users to a computer server, and includes,
but is not limited | ||||||
26 | to, an information service, system, or access software
|
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| |||||||
1 | provider that provides access to a network system commonly | ||||||
2 | known as the
Internet, or any comparable system or service and | ||||||
3 | also includes, but is not
limited to, a World Wide Web page, | ||||||
4 | newsgroup, message board, mailing list, or
chat area on any | ||||||
5 | interactive computer service or system or other online
| ||||||
6 | service.
| ||||||
7 | (a-6) "Access" has the meaning ascribed to the term in | ||||||
8 | Section 17-55.
| ||||||
9 | (a-7) "Computer" has the meaning ascribed to the term in | ||||||
10 | Section 17-0.5. | ||||||
11 | (b) A "lottery" is any scheme or procedure whereby one or | ||||||
12 | more prizes
are distributed by chance among persons who have | ||||||
13 | paid or promised
consideration for a chance to win such | ||||||
14 | prizes, whether such scheme or
procedure is called a lottery, | ||||||
15 | raffle, gift, sale, or some other name, excluding savings | ||||||
16 | promotion raffles authorized under Section 5g of the Illinois | ||||||
17 | Banking Act, Section 7008 of the Savings Bank Act, Section | ||||||
18 | 42.7 of the Illinois Credit Union Act, Section 5136B of the | ||||||
19 | National Bank Act (12 U.S.C. 25a), or Section 4 of the Home | ||||||
20 | Owners' Loan Act (12 U.S.C. 1463).
| ||||||
21 | (c) A "policy game" is any scheme or procedure whereby a | ||||||
22 | person promises
or guarantees by any instrument, bill, | ||||||
23 | certificate, writing, token, or other
device that any | ||||||
24 | particular number, character, ticket, or certificate shall
in | ||||||
25 | the event of any contingency in the nature of a lottery entitle | ||||||
26 | the
purchaser or holder to receive money, property, or |
| |||||||
| |||||||
1 | evidence of debt.
| ||||||
2 | (d) It is the intent of Section 28-2(a)(iii) to prohibit | ||||||
3 | any mechanism that seeks to avoid being considered a gambling | ||||||
4 | device through the use of any subterfuge or pretense | ||||||
5 | whatsoever. | ||||||
6 | (Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; | ||||||
7 | 102-558, eff. 8-20-21.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|