Rep. Patrick J Verschoore

Filed: 5/11/2005





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2     AMENDMENT NO. ______. Amend House Bill 1919 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Riverboat Gambling Act is amended by
5 changing Section 7 as follows:
6     (230 ILCS 10/7)  (from Ch. 120, par. 2407)
7     Sec. 7. Owners Licenses.
8     (a) The Board shall issue owners licenses to persons, firms
9 or corporations which apply for such licenses upon payment to
10 the Board of the non-refundable license fee set by the Board,
11 upon payment of a $25,000 license fee for the first year of
12 operation and a $5,000 license fee for each succeeding year and
13 upon a determination by the Board that the applicant is
14 eligible for an owners license pursuant to this Act and the
15 rules of the Board. A person, firm or corporation is ineligible
16 to receive an owners license if:
17         (1) the person has been convicted of a felony under the
18     laws of this State, any other state, or the United States;
19         (2) the person has been convicted of any violation of
20     Article 28 of the Criminal Code of 1961, or substantially
21     similar laws of any other jurisdiction;
22         (3) the person has submitted an application for a
23     license under this Act which contains false information;
24         (4) the person is a member of the Board;



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1         (5) a person defined in (1), (2), (3) or (4) is an
2     officer, director or managerial employee of the firm or
3     corporation;
4         (6) the firm or corporation employs a person defined in
5     (1), (2), (3) or (4) who participates in the management or
6     operation of gambling operations authorized under this
7     Act;
8         (7) (blank); or
9         (8) a license of the person, firm or corporation issued
10     under this Act, or a license to own or operate gambling
11     facilities in any other jurisdiction, has been revoked.
12     (b) In determining whether to grant an owners license to an
13 applicant, the Board shall consider:
14         (1) the character, reputation, experience and
15     financial integrity of the applicants and of any other or
16     separate person that either:
17             (A) controls, directly or indirectly, such
18         applicant, or
19             (B) is controlled, directly or indirectly, by such
20         applicant or by a person which controls, directly or
21         indirectly, such applicant;
22         (2) the facilities or proposed facilities for the
23     conduct of riverboat gambling;
24         (3) the highest prospective total revenue to be derived
25     by the State from the conduct of riverboat gambling;
26         (4) the extent to which the ownership of the applicant
27     reflects the diversity of the State by including minority
28     persons and females and the good faith affirmative action
29     plan of each applicant to recruit, train and upgrade
30     minority persons and females in all employment
31     classifications;
32         (5) the financial ability of the applicant to purchase
33     and maintain adequate liability and casualty insurance;
34         (6) whether the applicant has adequate capitalization



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1     to provide and maintain, for the duration of a license, a
2     riverboat;
3         (7) the extent to which the applicant exceeds or meets
4     other standards for the issuance of an owners license which
5     the Board may adopt by rule; and
6         (8) The amount of the applicant's license bid.
7     (c) Each owners license shall specify the place where
8 riverboats shall operate and dock.
9     (d) Each applicant shall submit with his application, on
10 forms provided by the Board, 2 sets of his fingerprints.
11     (e) The Board may issue up to 10 licenses authorizing the
12 holders of such licenses to own riverboats. In the application
13 for an owners license, the applicant shall state the dock at
14 which the riverboat is based and the water on which the
15 riverboat will be located. The Board shall issue 5 licenses to
16 become effective not earlier than January 1, 1991. Three of
17 such licenses shall authorize riverboat gambling on the
18 Mississippi River, or, with approval by the municipality in
19 which the riverboat was is docked on August 7, 2003 and with
20 Board approval, be authorized to relocate to a new location the
21 effective date of this amendatory Act of the 93rd Assembly, in
22 a municipality that (1) borders on the Mississippi River or is
23 within 5 miles of the city limits of a municipality that
24 borders on the Mississippi River and (2), on August 7, 2003,
25 had the effective date of this amendatory Act of the 93rd
26 General Assembly, has a riverboat conducting riverboat
27 gambling operations pursuant to a license issued under this
28 Act;, one of which shall authorize riverboat gambling from a
29 home dock in the city of East St. Louis. One other license
30 shall authorize riverboat gambling on the Illinois River south
31 of Marshall County. The Board shall issue one additional
32 license to become effective not earlier than March 1, 1992,
33 which shall authorize riverboat gambling on the Des Plaines
34 River in Will County. The Board may issue 4 additional licenses



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1 to become effective not earlier than March 1, 1992. In
2 determining the water upon which riverboats will operate, the
3 Board shall consider the economic benefit which riverboat
4 gambling confers on the State, and shall seek to assure that
5 all regions of the State share in the economic benefits of
6 riverboat gambling.
7     In granting all licenses, the Board may give favorable
8 consideration to economically depressed areas of the State, to
9 applicants presenting plans which provide for significant
10 economic development over a large geographic area, and to
11 applicants who currently operate non-gambling riverboats in
12 Illinois. The Board shall review all applications for owners
13 licenses, and shall inform each applicant of the Board's
14 decision. The Board may grant an owners license to an applicant
15 that has not submitted the highest license bid, but if it does
16 not select the highest bidder, the Board shall issue a written
17 decision explaining why another applicant was selected and
18 identifying the factors set forth in this Section that favored
19 the winning bidder.
20     In addition to any other revocation powers granted to the
21 Board under this Act, the Board may revoke the owners license
22 of a licensee which fails to begin conducting gambling within
23 15 months of receipt of the Board's approval of the application
24 if the Board determines that license revocation is in the best
25 interests of the State.
26     (f) The first 10 owners licenses issued under this Act
27 shall permit the holder to own up to 2 riverboats and equipment
28 thereon for a period of 3 years after the effective date of the
29 license. Holders of the first 10 owners licenses must pay the
30 annual license fee for each of the 3 years during which they
31 are authorized to own riverboats.
32     (g) Upon the termination, expiration, or revocation of each
33 of the first 10 licenses, which shall be issued for a 3 year
34 period, all licenses are renewable annually upon payment of the



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1 fee and a determination by the Board that the licensee
2 continues to meet all of the requirements of this Act and the
3 Board's rules. However, for licenses renewed on or after May 1,
4 1998, renewal shall be for a period of 4 years, unless the
5 Board sets a shorter period.
6     (h) An owners license shall entitle the licensee to own up
7 to 2 riverboats. A licensee shall limit the number of gambling
8 participants to 1,200 for any such owners license. A licensee
9 may operate both of its riverboats concurrently, provided that
10 the total number of gambling participants on both riverboats
11 does not exceed 1,200. Riverboats licensed to operate on the
12 Mississippi River and the Illinois River south of Marshall
13 County shall have an authorized capacity of at least 500
14 persons. Any other riverboat licensed under this Act shall have
15 an authorized capacity of at least 400 persons.
16     (i) A licensed owner is authorized to apply to the Board
17 for and, if approved therefor, to receive all licenses from the
18 Board necessary for the operation of a riverboat, including a
19 liquor license, a license to prepare and serve food for human
20 consumption, and other necessary licenses. All use, occupation
21 and excise taxes which apply to the sale of food and beverages
22 in this State and all taxes imposed on the sale or use of
23 tangible personal property apply to such sales aboard the
24 riverboat.
25     (j) The Board may issue or re-issue a license authorizing a
26 riverboat to dock in a municipality or approve a relocation
27 under Section 11.2 only if, prior to the issuance or
28 re-issuance of the license or approval, the governing body of
29 the municipality in which the riverboat will dock has by a
30 majority vote approved the docking of riverboats in the
31 municipality. The Board may issue or re-issue a license
32 authorizing a riverboat to dock in areas of a county outside
33 any municipality or approve a relocation under Section 11.2
34 only if, prior to the issuance or re-issuance of the license or



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1 approval, the governing body of the county has by a majority
2 vote approved of the docking of riverboats within such areas.
3 (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03;
4 93-453, eff. 8-7-03; revised 1-27-04.)
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".