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1 | AN ACT concerning gaming. | |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||
4 | Section 5. The Video Gaming Act is amended by changing | |||||||||||||||||||||||
5 | Sections 5, 25, and 30 as follows: | |||||||||||||||||||||||
6 | (230 ILCS 40/5) | |||||||||||||||||||||||
7 | Sec. 5. Definitions. As used in this Act: | |||||||||||||||||||||||
8 | "Board" means the Illinois Gaming Board. | |||||||||||||||||||||||
9 | "Credit" means one, 5, 10, or 25 cents either won or | |||||||||||||||||||||||
10 | purchased by a player. | |||||||||||||||||||||||
11 | "Distributor" means an individual, partnership, | |||||||||||||||||||||||
12 | corporation, or limited liability company licensed under this | |||||||||||||||||||||||
13 | Act to buy, sell, lease, or distribute video gaming terminals | |||||||||||||||||||||||
14 | or major components or parts of video gaming terminals to or | |||||||||||||||||||||||
15 | from terminal operators. | |||||||||||||||||||||||
16 | "Electronic card" means a card purchased from a licensed | |||||||||||||||||||||||
17 | establishment, licensed fraternal establishment, licensed | |||||||||||||||||||||||
18 | veterans establishment, licensed truck stop establishment, or | |||||||||||||||||||||||
19 | licensed large truck stop establishment for use in that | |||||||||||||||||||||||
20 | establishment as a substitute for cash in the conduct of | |||||||||||||||||||||||
21 | gaming on a video gaming terminal. | |||||||||||||||||||||||
22 | "Electronic voucher" means a voucher printed by an | |||||||||||||||||||||||
23 | electronic video game machine that is redeemable in the |
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1 | licensed establishment for which it was issued. | ||||||
2 | "In-location bonus jackpot" means one or more video gaming | ||||||
3 | terminals at a single licensed establishment that allows for | ||||||
4 | wagers placed on such video gaming terminals to contribute to | ||||||
5 | a cumulative maximum jackpot of up to $10,000. | ||||||
6 | "Terminal operator" means an individual, partnership, | ||||||
7 | corporation, or limited liability company that is licensed | ||||||
8 | under this Act and that owns, services, and maintains video | ||||||
9 | gaming terminals for placement in licensed establishments, | ||||||
10 | licensed truck stop establishments, licensed large truck stop | ||||||
11 | establishments, licensed fraternal establishments, or licensed | ||||||
12 | veterans establishments. | ||||||
13 | "Licensed technician" means an individual who is licensed | ||||||
14 | under this Act to repair, service, and maintain video gaming | ||||||
15 | terminals. | ||||||
16 | "Licensed terminal handler" means a person, including but | ||||||
17 | not limited to an employee or independent contractor working | ||||||
18 | for a manufacturer, distributor, supplier, technician, or | ||||||
19 | terminal operator, who is licensed under this Act to possess | ||||||
20 | or control a video gaming terminal or to have access to the | ||||||
21 | inner workings of a video gaming terminal. A licensed terminal | ||||||
22 | handler does not include an individual, partnership, | ||||||
23 | corporation, or limited liability company defined as a | ||||||
24 | manufacturer, distributor, supplier, technician, or terminal | ||||||
25 | operator under this Act. | ||||||
26 | "Manufacturer" means an individual, partnership, |
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1 | corporation, or limited liability company that is licensed | ||||||
2 | under this Act and that manufactures or assembles video gaming | ||||||
3 | terminals. | ||||||
4 | "Supplier" means an individual, partnership, corporation, | ||||||
5 | or limited liability company that is licensed under this Act | ||||||
6 | to supply major components or parts to video gaming terminals | ||||||
7 | to licensed terminal operators. | ||||||
8 | "Net terminal income" means money put into a video gaming | ||||||
9 | terminal minus credits paid out to players. | ||||||
10 | "Video gaming terminal" means any electronic video game | ||||||
11 | machine that, upon insertion of cash, electronic cards or | ||||||
12 | vouchers, or any combination thereof, is available to play or | ||||||
13 | simulate the play of a video game, including but not limited to | ||||||
14 | video poker, line up, and blackjack, as authorized by the | ||||||
15 | Board utilizing a video display and microprocessors in which | ||||||
16 | the player may receive free games or credits that can be | ||||||
17 | redeemed for cash. The term does not include a machine that | ||||||
18 | directly dispenses coins, cash, or tokens or is for amusement | ||||||
19 | purposes only. | ||||||
20 | "Licensed establishment" means any licensed retail | ||||||
21 | establishment where alcoholic liquor is drawn, poured, mixed, | ||||||
22 | or otherwise served for consumption on the premises, whether | ||||||
23 | the establishment operates on a nonprofit or for-profit basis. | ||||||
24 | "Licensed establishment" includes any such establishment that | ||||||
25 | has a contractual relationship with an inter-track wagering | ||||||
26 | location licensee licensed under the Illinois Horse Racing Act |
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1 | of 1975, provided any contractual relationship shall not | ||||||
2 | include any transfer or offer of revenue from the operation of | ||||||
3 | video gaming under this Act to any licensee licensed under the | ||||||
4 | Illinois Horse Racing Act of 1975. Provided, however, that the | ||||||
5 | licensed establishment that has such a contractual | ||||||
6 | relationship with an inter-track wagering location licensee | ||||||
7 | may not, itself, be (i) an inter-track wagering location | ||||||
8 | licensee, (ii) the corporate parent or subsidiary of any | ||||||
9 | licensee licensed under the Illinois Horse Racing Act of 1975, | ||||||
10 | or (iii) the corporate subsidiary of a corporation that is | ||||||
11 | also the corporate parent or subsidiary of any licensee | ||||||
12 | licensed under the Illinois Horse Racing Act of 1975. | ||||||
13 | "Licensed establishment" does not include a facility operated | ||||||
14 | by an organization licensee, an inter-track wagering licensee, | ||||||
15 | or an inter-track wagering location licensee licensed under | ||||||
16 | the Illinois Horse Racing Act of 1975 or a riverboat licensed | ||||||
17 | under the Illinois Gambling Act, except as provided in this | ||||||
18 | paragraph. The changes made to this definition by Public Act | ||||||
19 | 98-587 are declarative of existing law. | ||||||
20 | "Licensed fraternal establishment" means the location | ||||||
21 | where a qualified fraternal organization that derives its | ||||||
22 | charter from a national fraternal organization regularly | ||||||
23 | meets. | ||||||
24 | "Licensed veterans establishment" means the location where | ||||||
25 | a qualified veterans organization that derives its charter | ||||||
26 | from a national veterans organization regularly meets. |
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1 | "Licensed truck stop establishment" means a facility (i) | ||||||
2 | that is at least a 3-acre facility with a convenience store, | ||||||
3 | (ii) with separate diesel islands for fueling commercial motor | ||||||
4 | vehicles, (iii) that sells at retail more than 10,000 gallons | ||||||
5 | of diesel or biodiesel fuel per month, and (iv) with parking | ||||||
6 | spaces for commercial motor vehicles. "Commercial motor | ||||||
7 | vehicles" has the same meaning as defined in Section 18b-101 | ||||||
8 | of the Illinois Vehicle Code. The requirement of item (iii) of | ||||||
9 | this paragraph may be met by showing that estimated future | ||||||
10 | sales or past sales average at least 10,000 gallons per month. | ||||||
11 | "Licensed large truck stop establishment" means a facility | ||||||
12 | located within 3 road miles from a freeway interchange, as | ||||||
13 | measured in accordance with the Department of Transportation's | ||||||
14 | rules regarding the criteria for the installation of business | ||||||
15 | signs: (i) that is at least a 3-acre facility with a | ||||||
16 | convenience store, (ii) with separate diesel islands for | ||||||
17 | fueling commercial motor vehicles, (iii) that sells at retail | ||||||
18 | more than 50,000 gallons of diesel or biodiesel fuel per | ||||||
19 | month, and (iv) with parking spaces for commercial motor | ||||||
20 | vehicles. "Commercial motor vehicles" has the same meaning as | ||||||
21 | defined in Section 18b-101 of the Illinois Vehicle Code. The | ||||||
22 | requirement of item (iii) of this paragraph may be met by | ||||||
23 | showing that estimated future sales or past sales average at | ||||||
24 | least 50,000 gallons per month. | ||||||
25 | "Sales agent and broker" means an individual, partnership, | ||||||
26 | corporation, limited liability company, or other business |
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1 | entity engaged in the solicitation or receipt of business from | ||||||
2 | current or potential licensed establishments, licensed | ||||||
3 | fraternal establishments, licensed veterans establishments, | ||||||
4 | licensed truck stop establishments, or licensed large truck | ||||||
5 | stop establishments either on an employment or contractual | ||||||
6 | basis. | ||||||
7 | "Licensed video gaming establishment" means a licensed | ||||||
8 | establishment, a licensed fraternal establishment, a licensed | ||||||
9 | veterans establishment, a licensed truck stop establishment, | ||||||
10 | or a licensed large truck stop establishment. | ||||||
11 | "Video gaming location" means a licensed video gaming | ||||||
12 | establishment, a location for which a person has applied for a | ||||||
13 | license under the Act, or a location that is reasonably | ||||||
14 | believed by a terminal operator or sales agent and broker to be | ||||||
15 | a location for which a person will apply for a license under | ||||||
16 | the Act. | ||||||
17 | "Person with significant interest or control" includes, | ||||||
18 | but is not limited to, the following: | ||||||
19 | (1) a person in whose name a liquor license is | ||||||
20 | maintained for a licensed video gaming location; | ||||||
21 | (2) a person who directly owns a video gaming | ||||||
22 | location; | ||||||
23 | (3) a person who holds at least a 5% indirect | ||||||
24 | ownership interest in a video gaming location; | ||||||
25 | (4) a person who, in the opinion of the Board, has the | ||||||
26 | ability to influence or control the activities of the |
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1 | owner or operator of a video gaming location or to elect a | ||||||
2 | majority of its board of directors, other than a bank or | ||||||
3 | other licensed lending institution that holds a mortgage | ||||||
4 | or other lien, or any other source of funds, acquired in | ||||||
5 | the ordinary course of business; | ||||||
6 | (5) a person having the power to exercise significant | ||||||
7 | influence or control over decisions concerning any part of | ||||||
8 | a video gaming operation; | ||||||
9 | (6) a person or business entity receiving any net | ||||||
10 | terminal income under a contractual agreement; | ||||||
11 | (7) a person or business entity holding an option | ||||||
12 | agreement to acquire an equity stake in a terminal | ||||||
13 | operator; | ||||||
14 | (8) a person employed or designated by a terminal | ||||||
15 | operator as a progressive jackpot coordinator; or | ||||||
16 | (9) a person that has entered into a franchise | ||||||
17 | agreement, a licensing agreement, an intellectual property | ||||||
18 | agreement, or an other substantially similar agreement | ||||||
19 | with the owner or operator of a video gaming location or | ||||||
20 | its parent as a franchisor or equivalent if the video | ||||||
21 | gaming location obtains more than 50% of the video gaming | ||||||
22 | location's revenue from net terminal income. | ||||||
23 | (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.) | ||||||
24 | (230 ILCS 40/25) | ||||||
25 | Sec. 25. Restriction of licensees. |
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1 | (a) Manufacturer. A person may not be licensed as a | ||||||
2 | manufacturer of a video gaming terminal in Illinois unless the | ||||||
3 | person has a valid manufacturer's license issued under this | ||||||
4 | Act. A manufacturer may only sell video gaming terminals for | ||||||
5 | use in Illinois to persons having a valid distributor's | ||||||
6 | license. | ||||||
7 | (b) Distributor. A person may not sell, distribute, or | ||||||
8 | lease or market a video gaming terminal in Illinois unless the | ||||||
9 | person has a valid distributor's license issued under this | ||||||
10 | Act. A distributor may only sell video gaming terminals for | ||||||
11 | use in Illinois to persons having a valid distributor's or | ||||||
12 | terminal operator's license. | ||||||
13 | (c) Terminal operator. A person may not own, maintain, or | ||||||
14 | place a video gaming terminal unless he has a valid terminal | ||||||
15 | operator's license issued under this Act. A terminal operator | ||||||
16 | may only place video gaming terminals for use in Illinois in | ||||||
17 | licensed establishments, licensed truck stop establishments, | ||||||
18 | licensed large truck stop establishments, licensed fraternal | ||||||
19 | establishments, and licensed veterans establishments. No | ||||||
20 | terminal operator may give anything of value, including but | ||||||
21 | not limited to a loan or financing arrangement, to a licensed | ||||||
22 | establishment, licensed truck stop establishment, licensed | ||||||
23 | large truck stop establishment, licensed fraternal | ||||||
24 | establishment, or licensed veterans establishment as any | ||||||
25 | incentive or inducement to locate video terminals in that | ||||||
26 | establishment. Of the after-tax profits from a video gaming |
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1 | terminal, 50% shall be paid to the terminal operator and 50% | ||||||
2 | shall be paid to the licensed establishment, licensed truck | ||||||
3 | stop establishment, licensed large truck stop establishment, | ||||||
4 | licensed fraternal establishment, or licensed veterans | ||||||
5 | establishment, notwithstanding any agreement to the contrary. | ||||||
6 | A video terminal operator that violates one or more | ||||||
7 | requirements of this subsection is guilty of a Class 4 felony | ||||||
8 | and is subject to termination of his or her license by the | ||||||
9 | Board. | ||||||
10 | (d) Licensed technician. A person may not service, | ||||||
11 | maintain, or repair a video gaming terminal in this State | ||||||
12 | unless he or she (1) has a valid technician's license issued | ||||||
13 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
14 | by a terminal operator, distributor, or manufacturer. | ||||||
15 | (d-5) Licensed terminal handler. No person, including, but | ||||||
16 | not limited to, an employee or independent contractor working | ||||||
17 | for a manufacturer, distributor, supplier, technician, or | ||||||
18 | terminal operator licensed pursuant to this Act, shall have | ||||||
19 | possession or control of a video gaming terminal, or access to | ||||||
20 | the inner workings of a video gaming terminal, unless that | ||||||
21 | person possesses a valid terminal handler's license issued | ||||||
22 | under this Act. | ||||||
23 | (d-10) Solicitation of use agreements. A person may not | ||||||
24 | solicit the signing of a use agreement on behalf of a terminal | ||||||
25 | operator or enter into a use agreement as agent of a terminal | ||||||
26 | operator unless that person either has a valid sales agent and |
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1 | broker license issued under this Act or owns, manages, or | ||||||
2 | significantly influences or controls the terminal operator. | ||||||
3 | (d-15) Use agreement restrictions. No terminal operator | ||||||
4 | may enter into a use agreement or other agreement that | ||||||
5 | purports to control the placement or operation of video gaming | ||||||
6 | terminals with the owner or operator of a video gaming | ||||||
7 | location if a direct or indirect owner or person with | ||||||
8 | significant interest or control of the terminal operator or | ||||||
9 | any affiliated entity is an immediate family member of either | ||||||
10 | (i) a direct or indirect owner of the video gaming location or | ||||||
11 | any affiliated entity or (ii) a person with significant | ||||||
12 | interest or control of the video gaming location or any | ||||||
13 | affiliated entity. No terminal operator may enter into a use | ||||||
14 | agreement or other agreement that purports to control the | ||||||
15 | placement or operation of video gaming terminals with an owner | ||||||
16 | or operator of a video gaming location if any or all of the | ||||||
17 | real estate upon which the video gaming location is located is | ||||||
18 | owned entirely or in part by the terminal operator, an | ||||||
19 | affiliated entity of the terminal operator, a person with | ||||||
20 | significant interest or control of the terminal operator, or | ||||||
21 | an immediate family member of any person with significant | ||||||
22 | interest or control of the terminal operator. No person may | ||||||
23 | solicit from a video gaming location a use agreement or other | ||||||
24 | agreement that purports to control the placement or operation | ||||||
25 | of video gaming terminals on behalf of a terminal operator if | ||||||
26 | that person is an immediate family member of (i) a direct or |
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1 | indirect owner of the video gaming location or (ii) a person | ||||||
2 | with significant interest or control of the video gaming | ||||||
3 | location. The prohibitions in this subsection (d-15) apply to | ||||||
4 | all use agreements entered into on or after the effective date | ||||||
5 | of this amendatory Act of the 103rd General Assembly. | ||||||
6 | Beginning one year after the effective date of this amendatory | ||||||
7 | Act of the 103rd General Assembly, any use agreement that was | ||||||
8 | entered into before the effective date of the amendatory Act | ||||||
9 | that would otherwise be prohibited by this subsection (d-15) | ||||||
10 | is void. | ||||||
11 | (e) Licensed establishment. No video gaming terminal may | ||||||
12 | be placed in any licensed establishment, licensed veterans | ||||||
13 | establishment, licensed truck stop establishment, licensed | ||||||
14 | large truck stop establishment, or licensed fraternal | ||||||
15 | establishment unless the owner or agent of the owner of the | ||||||
16 | licensed establishment, licensed veterans establishment, | ||||||
17 | licensed truck stop establishment, licensed large truck stop | ||||||
18 | establishment, or licensed fraternal establishment has entered | ||||||
19 | into a written use agreement with the terminal operator for | ||||||
20 | placement of the terminals. A copy of the use agreement shall | ||||||
21 | be on file in the terminal operator's place of business and | ||||||
22 | available for inspection by individuals authorized by the | ||||||
23 | Board. A licensed establishment, licensed truck stop | ||||||
24 | establishment, licensed veterans establishment, or licensed | ||||||
25 | fraternal establishment may operate up to 6 video gaming | ||||||
26 | terminals on its premises at any time. A licensed large truck |
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1 | stop establishment may operate up to 10 video gaming terminals | ||||||
2 | on its premises at any time. | ||||||
3 | (f) (Blank). | ||||||
4 | (g) Financial interest restrictions. As used in this Act, | ||||||
5 | "substantial interest" in a partnership, a corporation, an | ||||||
6 | organization, an association, a business, or a limited | ||||||
7 | liability company means: | ||||||
8 | (A) When, with respect to a sole proprietorship, an | ||||||
9 | individual or his or her spouse owns, operates, manages, | ||||||
10 | or conducts, directly or indirectly, the organization, | ||||||
11 | association, or business, or any part thereof; or | ||||||
12 | (B) When, with respect to a partnership, the | ||||||
13 | individual or his or her spouse shares in any of the | ||||||
14 | profits, or potential profits, of the partnership | ||||||
15 | activities; or | ||||||
16 | (C) When, with respect to a corporation, an individual | ||||||
17 | or his or her spouse is an officer or director, or the | ||||||
18 | individual or his or her spouse is a holder, directly or | ||||||
19 | beneficially, of 5% or more of any class of stock of the | ||||||
20 | corporation; or | ||||||
21 | (D) When, with respect to an organization not covered | ||||||
22 | in (A), (B) or (C) above, an individual or his or her | ||||||
23 | spouse is an officer or manages the business affairs, or | ||||||
24 | the individual or his or her spouse is the owner of or | ||||||
25 | otherwise controls 10% or more of the assets of the | ||||||
26 | organization; or |
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1 | (E) When an individual or his or her spouse furnishes | ||||||
2 | 5% or more of the capital, whether in cash, goods, or | ||||||
3 | services, for the operation of any business, association, | ||||||
4 | or organization during any calendar year; or | ||||||
5 | (F) When, with respect to a limited liability company, | ||||||
6 | an individual or his or her spouse is a member, or the | ||||||
7 | individual or his or her spouse is a holder, directly or | ||||||
8 | beneficially, of 5% or more of the membership interest of | ||||||
9 | the limited liability company. | ||||||
10 | For purposes of this subsection (g), "individual" includes | ||||||
11 | all individuals or their spouses whose combined interest would | ||||||
12 | qualify as a substantial interest under this subsection (g) | ||||||
13 | and whose activities with respect to an organization, | ||||||
14 | association, or business are so closely aligned or coordinated | ||||||
15 | as to constitute the activities of a single entity. | ||||||
16 | (h) Location restriction. A licensed establishment, | ||||||
17 | licensed truck stop establishment, licensed large truck stop | ||||||
18 | establishment, licensed fraternal establishment, or licensed | ||||||
19 | veterans establishment that is (i) located within 1,000 feet | ||||||
20 | of a facility operated by an organization licensee licensed | ||||||
21 | under the Illinois Horse Racing Act of 1975 or the home dock of | ||||||
22 | a riverboat licensed under the Illinois Gambling Act or (ii) | ||||||
23 | located within 100 feet of a school or a place of worship under | ||||||
24 | the Religious Corporation Act, is ineligible to operate a | ||||||
25 | video gaming terminal. The location restrictions in this | ||||||
26 | subsection (h) do not apply if (A) a facility operated by an |
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1 | organization licensee, a school, or a place of worship moves | ||||||
2 | to or is established within the restricted area after a | ||||||
3 | licensed establishment, licensed truck stop establishment, | ||||||
4 | licensed large truck stop establishment, licensed fraternal | ||||||
5 | establishment, or licensed veterans establishment becomes | ||||||
6 | licensed under this Act or (B) a school or place of worship | ||||||
7 | moves to or is established within the restricted area after a | ||||||
8 | licensed establishment, licensed truck stop establishment, | ||||||
9 | licensed large truck stop establishment, licensed fraternal | ||||||
10 | establishment, or licensed veterans establishment obtains its | ||||||
11 | original liquor license. For the purpose of this subsection, | ||||||
12 | "school" means an elementary or secondary public school, or an | ||||||
13 | elementary or secondary private school registered with or | ||||||
14 | recognized by the State Board of Education. | ||||||
15 | Notwithstanding the provisions of this subsection (h), the | ||||||
16 | Board may waive the requirement that a licensed establishment, | ||||||
17 | licensed truck stop establishment, licensed large truck stop | ||||||
18 | establishment, licensed fraternal establishment, or licensed | ||||||
19 | veterans establishment not be located within 1,000 feet from a | ||||||
20 | facility operated by an organization licensee licensed under | ||||||
21 | the Illinois Horse Racing Act of 1975 or the home dock of a | ||||||
22 | riverboat licensed under the Illinois Gambling Act. The Board | ||||||
23 | shall not grant such waiver if there is any common ownership or | ||||||
24 | control, shared business activity, or contractual arrangement | ||||||
25 | of any type between the establishment and the organization | ||||||
26 | licensee or owners licensee of a riverboat. The Board shall |
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1 | adopt rules to implement the provisions of this paragraph. | ||||||
2 | (h-5) Restrictions on licenses in malls. The Board shall | ||||||
3 | not grant an application to become a licensed video gaming | ||||||
4 | location if the Board determines that granting the application | ||||||
5 | would more likely than not cause a terminal operator, | ||||||
6 | individually or in combination with other terminal operators, | ||||||
7 | licensed video gaming location, or other person or entity, to | ||||||
8 | operate the video gaming terminals in 2 or more licensed video | ||||||
9 | gaming locations as a single video gaming operation. | ||||||
10 | (1) In making determinations under this subsection | ||||||
11 | (h-5), factors to be considered by the Board shall | ||||||
12 | include, but not be limited to, the following: | ||||||
13 | (A) the physical aspects of the location; | ||||||
14 | (B) the ownership, control, or management of the | ||||||
15 | location; | ||||||
16 | (C) any arrangements, understandings, or | ||||||
17 | agreements, written or otherwise, among or involving | ||||||
18 | any persons or entities that involve the conducting of | ||||||
19 | any video gaming business or the sharing of costs or | ||||||
20 | revenues; and | ||||||
21 | (D) the manner in which any terminal operator or | ||||||
22 | other related entity markets, advertises, or otherwise | ||||||
23 | describes any location or locations to any other | ||||||
24 | person or entity or to the public. | ||||||
25 | (2) The Board shall presume, subject to rebuttal, that | ||||||
26 | the granting of an application to become a licensed video |
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1 | gaming location within a mall will cause a terminal | ||||||
2 | operator, individually or in combination with other | ||||||
3 | persons or entities, to operate the video gaming terminals | ||||||
4 | in 2 or more licensed video gaming locations as a single | ||||||
5 | video gaming operation if the Board determines that | ||||||
6 | granting the license would create a local concentration of | ||||||
7 | licensed video gaming locations. | ||||||
8 | For the purposes of this subsection (h-5): | ||||||
9 | "Mall" means a building, or adjoining or connected | ||||||
10 | buildings, containing 4 or more separate locations. | ||||||
11 | "Video gaming operation" means the conducting of video | ||||||
12 | gaming and all related activities. | ||||||
13 | "Location" means a space within a mall containing a | ||||||
14 | separate business, a place for a separate business, or a place | ||||||
15 | subject to a separate leasing arrangement by the mall owner. | ||||||
16 | "Licensed video gaming location" means a licensed | ||||||
17 | establishment, licensed fraternal establishment, licensed | ||||||
18 | veterans establishment, licensed truck stop establishment, or | ||||||
19 | licensed large truck stop. | ||||||
20 | "Local concentration of licensed video gaming locations" | ||||||
21 | means that the combined number of licensed video gaming | ||||||
22 | locations within a mall exceed half of the separate locations | ||||||
23 | within the mall. | ||||||
24 | (i) Undue economic concentration. In addition to | ||||||
25 | considering all other requirements under this Act, in deciding | ||||||
26 | whether to approve the operation of video gaming terminals by |
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1 | a terminal operator in a location, the Board shall consider | ||||||
2 | the impact of any economic concentration of such operation of | ||||||
3 | video gaming terminals. The Board shall not allow a terminal | ||||||
4 | operator to operate video gaming terminals if the Board | ||||||
5 | determines such operation will result in undue economic | ||||||
6 | concentration. For purposes of this Section, "undue economic | ||||||
7 | concentration" means that a terminal operator would have such | ||||||
8 | actual or potential influence over video gaming terminals in | ||||||
9 | Illinois as to: | ||||||
10 | (1) substantially impede or suppress competition among | ||||||
11 | terminal operators; | ||||||
12 | (2) adversely impact the economic stability of the | ||||||
13 | video gaming industry in Illinois; or | ||||||
14 | (3) negatively impact the purposes of the Video Gaming | ||||||
15 | Act. | ||||||
16 | The Board shall adopt rules concerning undue economic | ||||||
17 | concentration with respect to the operation of video gaming | ||||||
18 | terminals in Illinois. The rules shall include, but not be | ||||||
19 | limited to, (i) limitations on the number of video gaming | ||||||
20 | terminals operated by any terminal operator within a defined | ||||||
21 | geographic radius and (ii) guidelines on the discontinuation | ||||||
22 | of operation of any such video gaming terminals the Board | ||||||
23 | determines will cause undue economic concentration. | ||||||
24 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
25 | and equally applicable to the activities of any licensee under | ||||||
26 | this Act. |
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1 | (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.) | ||||||
2 | (230 ILCS 40/30) | ||||||
3 | Sec. 30. Multiple types of licenses prohibited. | ||||||
4 | (a) A video gaming terminal manufacturer may not be | ||||||
5 | licensed as a video gaming terminal operator or own, manage, | ||||||
6 | or control a licensed establishment, licensed truck stop | ||||||
7 | establishment, licensed large truck stop establishment, | ||||||
8 | licensed fraternal establishment, or licensed veterans | ||||||
9 | establishment, and shall be licensed to sell only to persons | ||||||
10 | having a valid distributor's license or, if the manufacturer | ||||||
11 | also holds a valid distributor's license, to sell, distribute, | ||||||
12 | lease, or market to persons having a valid terminal operator's | ||||||
13 | license. | ||||||
14 | (b) A video gaming terminal distributor may not be | ||||||
15 | licensed as a video gaming terminal operator or own, manage, | ||||||
16 | or control a licensed establishment, licensed truck stop | ||||||
17 | establishment, licensed large truck stop establishment, | ||||||
18 | licensed fraternal establishment, or licensed veterans | ||||||
19 | establishment, and shall only contract with a licensed | ||||||
20 | terminal operator. | ||||||
21 | (c) A video gaming terminal operator , a direct or indirect | ||||||
22 | owner of a terminal operator, a person with significant | ||||||
23 | interest or control of a terminal operator, or any person who | ||||||
24 | is employed by or otherwise receives fees for service from a | ||||||
25 | terminal operator shall may not : |
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1 | (1) hold direct or indirect ownership of a video | ||||||
2 | gaming location; | ||||||
3 | (2) hold direct or indirect ownership of an affiliated | ||||||
4 | entity of a video gaming location; | ||||||
5 | (3) be a person with significant interest or control | ||||||
6 | of a video gaming location; | ||||||
7 | (4) be employed by or otherwise receive fees for | ||||||
8 | service from a video gaming location; | ||||||
9 | (5) be employed by or own or operate an affiliated | ||||||
10 | entity of a video gaming location; or | ||||||
11 | (6) be licensed as a video gaming terminal | ||||||
12 | manufacturer or distributor or own, manage, or control a | ||||||
13 | licensed establishment, licensed truck stop establishment, | ||||||
14 | licensed large truck stop establishment, licensed | ||||||
15 | fraternal establishment, or licensed veterans | ||||||
16 | establishment, and shall be licensed only to contract with | ||||||
17 | licensed distributors and licensed establishments, | ||||||
18 | licensed truck stop establishments, licensed large truck | ||||||
19 | stop establishments, licensed fraternal establishments, | ||||||
20 | and licensed veterans establishments. | ||||||
21 | (d) A video gaming location operator, a direct or indirect | ||||||
22 | owner of a video gaming location, a person with significant | ||||||
23 | interest or control of a video gaming location, or a person who | ||||||
24 | is employed by or otherwise receives fees for service from a | ||||||
25 | video gaming location shall contract with a licensed operator | ||||||
26 | only to place and service equipment and shall not: An owner or |
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1 | manager of a licensed establishment, licensed truck stop | ||||||
2 | establishment, licensed large truck stop establishment, | ||||||
3 | licensed fraternal establishment, or licensed veterans | ||||||
4 | establishment may not | ||||||
5 | (1) be a licensed terminal handler, a licensed | ||||||
6 | technician, or a licensed sales agent and broker; | ||||||
7 | (2) be licensed as a video gaming terminal | ||||||
8 | manufacturer, distributor, or operator, | ||||||
9 | (3) hold direct or indirect ownership of a terminal | ||||||
10 | operator or a sales agent and broker; | ||||||
11 | (4) hold direct or indirect ownership of an affiliated | ||||||
12 | entity of either a terminal operator or a sales agent and | ||||||
13 | broker; | ||||||
14 | (5) be a person with significant interest or control | ||||||
15 | of either a terminal operator or a sales agent and broker; | ||||||
16 | (6) be employed by or otherwise receive fees for | ||||||
17 | service from either a terminal operator or a sales agent | ||||||
18 | and broker; or | ||||||
19 | (7) be employed by or own or operate an affiliated | ||||||
20 | entity of either a terminal operator or a sales agent and | ||||||
21 | broker. and shall only contract with a licensed operator | ||||||
22 | to place and service this equipment. | ||||||
23 | (e) A licensed terminal handler, licensed technician, or | ||||||
24 | sales agent and broker shall may not : | ||||||
25 | (1) hold direct or indirect ownership of a video | ||||||
26 | gaming location; |
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| |||||||
1 | (2) hold direct or indirect ownership of an affiliated | ||||||
2 | entity of a video gaming location; | ||||||
3 | (3) be a person with significant interest or control | ||||||
4 | of a video gaming location; | ||||||
5 | (4) be employed by or otherwise receive fees for | ||||||
6 | service from a video gaming location; | ||||||
7 | (5) be employed by or own or operate an affiliated | ||||||
8 | entity of a video gaming location; or | ||||||
9 | (6) be licensed as a manufacturer, distributor, or | ||||||
10 | supplier , licensed establishment, licensed fraternal | ||||||
11 | establishment, licensed veterans establishment, licensed | ||||||
12 | truck stop establishment, or licensed large truck stop | ||||||
13 | establishment . | ||||||
14 | (f) No person shall be issued a license under this Act | ||||||
15 | after the effective date of this amendatory Act of the 103rd | ||||||
16 | General Assembly if the issuance of the license would cause a | ||||||
17 | violation of this Section. Beginning one year after the | ||||||
18 | effective date of this amendatory Act of the 103rd General | ||||||
19 | Assembly, a license that has been issued under this Act and | ||||||
20 | that would cause a violation of this Section shall not be | ||||||
21 | renewed and may be revoked. | ||||||
22 | (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.) | ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law. |