HB4020 EngrossedLRB097 17234 AMC 62434 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 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, and 15 and by
6adding Section 16 as follows:
 
7    (230 ILCS 30/2)  (from Ch. 120, par. 1122)
8    Sec. 2. Definitions. For purposes of this Act, the
9following definitions apply:
10    "Board" means the Illinois Gaming Board.
11    "Charitable games" means the 14 games of chance involving
12cards, dice, wheels, random selection of numbers, and gambling
13tickets which may be conducted at charitable games events
14listed as follows: roulette, blackjack, poker, pull tabs,
15craps, bang, beat the dealer, big six, gin rummy, five card
16stud poker, chuck-a-luck, keno, hold-em poker, and merchandise
17wheel.
18    "Charitable games event" or "event" means the type of
19fundraising event authorized by the Act at which participants
20pay to play charitable games for the chance of winning cash or
21noncash prizes.
22    "Charitable organization" means an organization or
23institution organized and operated to benefit an indefinite

 

 

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1number of the public.
2    "Chips" means scrip, play money, poker or casino chips, or
3any other representations of money, used to make wagers on the
4outcome of any charitable game.
5    "Department" means the Department of Revenue.
6    "Educational organization" means an organization or
7institution organized and operated to provide systematic
8instruction in useful branches of learning by methods common to
9schools and institutions of learning which compare favorably in
10their scope and intensity with the course of study presented in
11tax-supported schools.
12    "Fraternal organization" means an organization of persons
13having a common interest that is organized and operated
14exclusively to promote the welfare of its members and to
15benefit the general public on a continuing and consistent
16basis, including but not limited to ethnic organizations.
17    "Labor organization" means an organization composed of
18labor unions or workers organized with the objective of
19betterment of the conditions of those engaged in such pursuit
20and the development of a higher degree of efficiency in their
21respective occupations.
22    "Licensed organization" means a qualified organization
23that has obtained a license to conduct a charitable games event
24in conformance with the provisions of this Act.
25    "Non-profit organization" means an organization or
26institution organized and conducted on a not-for-profit basis

 

 

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1with no personal profit inuring to anyone as a result of the
2operation.
3    "Organization": A corporation, agency, partnership,
4association, firm, business, or other entity consisting of 2 or
5more persons joined by a common interest or purpose.
6    "Person" means any natural individual, corporation,
7partnership, limited liability company, organization as
8defined in this Section, qualified organization, licensed
9organization, licensee under this Act, or volunteer.
10    "Premises" means a distinct parcel of land and the
11buildings thereon.
12    "Provider" means the person or organization owning,
13leasing, or controlling premises upon which any charitable
14games event is to be conducted.
15    "Qualified organization" means:
16        (a) a charitable, religious, fraternal, veterans,
17    labor or educational organization or institution organized
18    and conducted on a not-for-profit basis with no personal
19    profit inuring to anyone as a result of the operation and
20    which is exempt from federal income taxation under Sections
21    501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or
22    501(c)(19) of the Internal Revenue Code;
23        (b) a veterans organization as defined in Section 1.1
24    of the "Bingo License and Tax Act"organized and conducted
25    on a not-for-profit basis with no personal profit inuring
26    to anyone as a result of the operation; or

 

 

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1        (c) An auxiliary organization of a veterans
2    organization.
3    "Religious organization" means any church, congregation,
4society, or organization founded for the purpose of religious
5worship.
6    "Sponsoring organization" means a qualified organization
7that has obtained a license to conduct a charitable games event
8in conformance with the provisions of this Act.
9    "Supplier" means any person, firm, or corporation that
10sells, leases, lends, distributes, or otherwise provides to any
11organization licensed to conduct charitable games events in
12Illinois any charitable games equipment.
13    "Veterans' organization" means an organization comprised
14of members of which substantially all are individuals who are
15veterans or spouses, widows, or widowers of veterans, the
16primary purpose of which is to promote the welfare of its
17members and to provide assistance to the general public in such
18a way as to confer a public benefit.
19    "Volunteer" means a person recruited by a licensed
20organization who voluntarily performs services at a charitable
21games event, including participation in the management or
22operation of a game, as defined in Section 8.
23(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
 
24    (230 ILCS 30/3)  (from Ch. 120, par. 1123)
25    Sec. 3. The Board Department of Revenue shall, upon

 

 

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1application therefor on forms prescribed by the Board
2Department, and upon the payment of a nonrefundable annual fee
3of $400 due upon application and each renewal $200, and upon a
4determination by the Board Department that the applicant meets
5all of the qualifications specified in this Act, issue a
6charitable games license for the conducting of charitable games
7to any of the following:
8        (i) Any local fraternal mutual benefit organization
9    chartered at least 40 years before it applies for a license
10    under this Act.
11        (ii) Any qualified organization organized in Illinois
12    which operates without profit to its members, which has
13    been in existence in Illinois continuously for a period of
14    5 years immediately before making application for a license
15    and which has had during that 5 year period a bona fide
16    membership engaged in carrying out its objects. However,
17    the 5 year requirement shall be reduced to 2 years, as
18    applied to a local organization which is affiliated with
19    and chartered by a national organization which meets the 5
20    year requirement. The period of existence specified above
21    shall not apply to a qualified organization, organized for
22    charitable purpose, created by a fraternal organization
23    that meets the existence requirements if the charitable
24    organization has the same officers and directors as the
25    fraternal organization. Only one charitable organization
26    created by a branch lodge or chapter of a fraternal

 

 

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1    organization may be licensed under this provision.
2    The application shall be signed by a person listed on the
3application as an owner, officer, or other person in charge of
4the necessary day-to-day operations of the applicant
5organization, who shall attest under penalties of perjury that
6the information contained in the application is true, correct,
7and complete.
8    Each license shall be in effect for 2 years one year from
9its date of issuance unless extended, suspended, or revoked by
10Board Department action before that date. Any extension shall
11not exceed one year. The Board Department may by rule authorize
12the filing by electronic means of any application, license,
13permit, return, or registration required under this Act. A
14licensee may hold only one license. Each license must be
15applied for at least 30 days prior to the night or nights the
16licensee wishes to conduct such games. The Board Department may
17issue a license to a licensee that applies less than 30 days
18prior to the night or nights the licensee wishes to conduct the
19games if all other requirements of this Act are met and the
20Board Department has sufficient time and resources to issue the
21license in a timely manner. The Board Department may provide by
22rule for an extension of any charitable games license issued
23under this Act. If a licensee wishes to conduct games at a
24location other than the locations originally specified in the
25license, the licensee shall notify the Board Department of the
26proposed alternate location at least 30 days before the night

 

 

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1on which the licensee wishes to conduct games at the alternate
2location. The Board Department may accept an applicant's change
3in location with less than 30 days' notice if all other
4requirements of this Act are met and the Board Department has
5sufficient time and resources to process the change in a timely
6manner.
7    All taxes and fees imposed by this Act, unless otherwise
8specified, shall be paid into the Illinois Gaming Law
9Enforcement Fund of the State Treasury.
10(Source: P.A. 95-228, eff. 8-16-07.)
 
11    (230 ILCS 30/4)  (from Ch. 120, par. 1124)
12    Sec. 4. Licensing Restrictions. Licensing for the
13conducting of charitable games is subject to the following
14restrictions:
15        (1) The license application, when submitted to the
16    Board Department of Revenue, must contain a sworn statement
17    attesting to the not-for-profit character of the
18    prospective licensee organization, signed by a person
19    listed on the application as an owner, officer, or other
20    person in charge of the necessary day-to-day operations.
21    The application shall contain the name of the person in
22    charge of and primarily responsible for the conduct of the
23    charitable games. The person so designated shall be present
24    on the premises continuously during charitable games.
25        (2) The license application shall be prepared by the

 

 

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1    prospective licensee organization or its duly authorized
2    representative in accordance with the rules of the Board
3    Department of Revenue.
4        (2.1) The organization shall maintain among its books
5    and records a list of the names, addresses, social security
6    numbers, and dates of birth of all persons who will
7    participate in the management or operation of the games,
8    along with a sworn statement made under penalties of
9    perjury, signed by a person listed on the application as an
10    owner, officer, or other person in charge of the necessary
11    day-to-day operations, that the persons listed as
12    participating in the management or operation of the games
13    are bona fide members, volunteers as defined in Section 2,
14    or employees of the applicant, that these persons have not
15    participated in the management or operation of more than 12
16    4 charitable games events conducted by any licensee in the
17    calendar year, and that these persons will receive no
18    remuneration or compensation, directly or indirectly from
19    any source, for participating in the management or
20    operation of the games. Any amendments to this listing must
21    contain an identical sworn statement.
22        (2.2) (Blank).
23        (3) Each license shall state the date, hours and at
24    what locations the licensee is permitted to conduct
25    charitable games.
26        (4) Each licensee shall file a copy of the license with

 

 

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1    each police department or, if in unincorporated areas, each
2    sheriff's office whose jurisdiction includes the premises
3    on which the charitable games are authorized under the
4    license.
5        (5) The licensee shall prominently display the license
6    in the area where the licensee is to conduct charitable
7    games. The licensee shall likewise display, in the form and
8    manner prescribed by the Board Department, the provisions
9    of Section 9 of this Act.
10        (6) (Blank).
11        (7) (Blank). Each licensee shall obtain and maintain a
12    bond for the benefit of participants in games conducted by
13    the licensee to insure payment to the winners of such
14    games. Such bond discretionary by the Department and shall
15    be in an amount established by rule by the Department of
16    Revenue. In a county with fewer than 60,000 inhabitants,
17    the Department may waive the bond requirement upon a
18    showing by a licensee that it has sufficient funds on
19    deposit to insure payment to the winners of such games.
20        (8) A license is not assignable or transferable.
21        (9) Unless the premises for conducting charitable
22    games are provided by a municipality, the Board Department
23    shall not issue a license permitting a person, firm or
24    corporation to sponsor a charitable games night if the
25    premises for the conduct of the charitable games has been
26    previously used for 12 8 charitable games nights during the

 

 

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1    previous 12 months.
2        (10) Auxiliary organizations of a licensee shall not be
3    eligible for a license to conduct charitable games, except
4    for auxiliary organizations of veterans organizations as
5    authorized in Section 2.
6        (11) Charitable games must be conducted in accordance
7    with local building and fire code requirements.
8        (12) The licensee shall consent to allowing the Board's
9    Department's employees to be present on the premises
10    wherein the charitable games are conducted and to inspect
11    or test equipment, devices and supplies used in the conduct
12    of the game.
13    Nothing in this Section shall be construed to prohibit a
14licensee that conducts charitable games on its own premises
15from also obtaining a providers' license in accordance with
16Section 5.1. The maximum number of charitable games events that
17may be held in any one premises is limited to one 8 charitable
18games event events per month calendar year.
19(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
 
20    (230 ILCS 30/5)  (from Ch. 120, par. 1125)
21    Sec. 5. Providers' License. The Board Department shall
22issue a providers' license permitting a person, firm or
23corporation to provide premises for the conduct of charitable
24games. No person, firm or corporation may rent or otherwise
25provide premises without having first obtained a license.

 

 

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1Applications for providers' licenses shall be made in writing
2in accordance with Board Department rules. The Board Department
3shall license providers of charitable games at a nonrefundable
4annual fee of $50, or nonrefundable triennial license fee of
5$150. Each providers' license is valid for one year from the
6date of issuance, or 3 years from date of issuance for a
7triennial license, unless extended, suspended, or revoked by
8Board Department action before that date. Any extension of a
9providers' license shall not exceed one year. A provider may
10receive reasonable compensation for the provision of the
11premises. Reasonable expenses shall include only those
12expenses defined as reasonable by rules adopted by the Board
13Department. A provider, other than a municipality, may not
14provide the same premises for conducting more than 12 8
15charitable games nights per year. A provider shall not have any
16interest in any suppliers' business, either direct or indirect.
17A municipality may provide the same premises for conducting 16
18charitable games nights during a 12-month period. No employee,
19officer, or owner of a provider may participate in the
20management or operation of a charitable games event, even if
21the employee, officer, or owner is also a member, volunteer, or
22employee of the charitable games licensee. A provider may not
23promote or solicit a charitable games event on behalf of a
24charitable games licensee or qualified organization. Any
25qualified organization licensed to conduct a charitable game
26need not obtain a providers' license if such games are to be

 

 

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1conducted on the organization's premises.
2(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
 
3    (230 ILCS 30/6)  (from Ch. 120, par. 1126)
4    Sec. 6. Supplier's license. The Board Department shall
5issue a supplier's license permitting a person, firm, or
6corporation to sell, lease, lend or distribute to any
7organization licensed to conduct charitable games, supplies,
8devices, and other equipment designed for use in the playing of
9charitable games. No person, firm, or corporation shall sell,
10lease, lend, or distribute charitable games supplies or
11equipment without having first obtained a license.
12Applications for suppliers' licenses shall be made in writing
13in accordance with Board Department rules. The Board Department
14shall license suppliers of charitable games subject to a
15nonrefundable annual fee of $500, or a nonrefundable triennial
16fee of $1,500. Each supplier's license is valid for one year
17from the date of issuance, or 3 years from date of issuance for
18a triennial license, unless extended, suspended, or revoked by
19Board Department action before that date. Any extension of a
20supplier's license shall not exceed one year. No licensed
21supplier under this Act shall lease, lend, or distribute
22charitable gaming equipment, supplies, or other devices to
23persons not otherwise licensed to conduct charitable games
24under this Act. The Board Department may require by rule for
25the provision of surety bonds by suppliers. A supplier shall

 

 

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1keep among its books and records and make available for
2inspection by the Board Department a list of all products and
3equipment offered for sale or lease to any organization
4licensed to conduct charitable games, and all such products and
5equipment shall be sold or leased at the prices shown on the
6books and records. A supplier shall keep all such products and
7equipment segregated and separate from any other products,
8materials or equipment that it might own, sell, or lease. A
9supplier must include in its application for a license the
10exact location of the storage of the products, materials, or
11equipment. A supplier, as a condition of licensure, must
12consent to permitting the Board's Department's employees to
13enter supplier's premises to inspect and test all equipment and
14devices. A supplier shall keep books and records for the
15furnishing of products and equipment to charitable games
16separate and distinct from any other business the supplier
17might operate. All products and equipment supplied must be in
18accord with the Board's Department's rules and regulations. A
19supplier shall not alter or modify any equipment or supplies,
20or possess any equipment or supplies so altered or modified, so
21as to allow the possessor or operator of the equipment to
22obtain a greater chance of winning a game other than as under
23normal rules of play of such games. The supplier shall not
24require an organization to pay a percentage of the proceeds
25from the charitable games for the use of the products or
26equipment. The supplier shall file a quarterly return with the

 

 

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1Board Department listing all sales or leases for such quarter
2and the gross proceeds from such sales or leases. A supplier
3shall permanently affix his name to all charitable games
4equipment, supplies and pull tabs. A supplier shall not have
5any interest in any providers' business, either direct or
6indirect. If the supplier leases his equipment for use at an
7unlicensed charitable games or to an unlicensed sponsoring
8group, all equipment so leased is forfeited to the State.
9    Organizations licensed to conduct charitable games may own
10their own equipment. Such organizations must apply to the Board
11Department for an ownership permit. Any such application must
12be accompanied by a one-time, nonrefundable fee of $50. Such
13organizations shall file an annual report listing their
14inventory of charitable games equipment. Such organizations
15may lend such equipment without compensation to other licensed
16organizations without applying for a suppliers license.
17    No employee, owner, or officer of a supplier may
18participate in the management or operation of a charitable
19games event, even if the employee, owner, or officer is also a
20member, volunteer, or employee of the charitable games
21licensee. A supplier may not promote or solicit a charitable
22games event on behalf of a charitable games licensee or
23qualified organization.
24(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
 
25    (230 ILCS 30/7)  (from Ch. 120, par. 1127)

 

 

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1    Sec. 7. Ineligible Persons. The following are ineligible
2for any license under this Act:
3        (a) any person who has been convicted of a felony
4    within the last 10 years before the date of the
5    application;
6        (b) any person who has been convicted of a violation of
7    Article 28 of the Criminal Code of 1961;
8        (c) any person who has had a bingo, pull tabs and jar
9    games, or charitable games license revoked by the Board
10    Department;
11        (d) any person who is or has been a professional
12    gambler;
13        (d-1) any person found gambling in a manner not
14    authorized by this Act, the Illinois Pull Tabs and Jar
15    Games Act, or the Bingo License and Tax Act participating
16    in such gambling, or knowingly permitting such gambling on
17    premises where an authorized charitable games event is
18    authorized to be conducted or has been conducted;
19        (e) any organization in which a person defined in (a),
20    (b), (c), (d), or (d-1) has a proprietary, equitable, or
21    credit interest, or in which the person is active or
22    employed;
23        (f) any organization in which a person defined in (a),
24    (b), (c), (d), or (d-1) is an officer, director, or
25    employee, whether compensated or not;
26        (g) any organization in which a person defined in (a),

 

 

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1    (b), (c), (d), or (d-1) is to participate in the management
2    or operation of charitable games.
3    The Department of State Police shall provide the criminal
4background of any person requested by the Board Department of
5Revenue.
6(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
 
7    (230 ILCS 30/8)  (from Ch. 120, par. 1128)
8    Sec. 8. The conducting of charitable games is subject to
9the following restrictions:
10        (1) The entire net proceeds from charitable games must
11    be exclusively devoted to the lawful purposes of the
12    organization permitted to conduct that game.
13        (2) No person except a bona fide member or employee of
14    the sponsoring organization, or a volunteer recruited by
15    the sponsoring organization, may participate in the
16    management or operation of the game. A person participates
17    in the management or operation of a charitable game when he
18    or she sells admission tickets at the event; sells,
19    redeems, or in any way assists in the selling or redeeming
20    of chips, scrip, or play money; participates in the
21    conducting of any of the games played during the event, or
22    supervises, directs or instructs anyone conducting a game;
23    or at any time during the hours of the charitable games
24    event counts, handles, or supervises anyone counting or
25    handling any of the proceeds or chips, scrip, or play money

 

 

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

 

 

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1    which the participant chooses. Chips, scrip, or play money
2    must be permanently monogrammed with the supplier license
3    number or logo or charitable games license number of a the
4    licensed organization or of the supplier. Each participant
5    must be issued a receipt indicating the amount of chips,
6    scrip, or play money purchased.
7        (6) At the conclusion of the event or when the
8    participant leaves, he or she may cash in his or her chips,
9    scrip, or play money in exchange for currency not to exceed
10    $500 in cash winnings $250 or unlimited noncash prizes.
11    Each participant shall sign for any receipt of prizes. The
12    licensee shall provide the Board Department of Revenue with
13    a listing of all prizes awarded, including the retail value
14    of all prizes awarded.
15        (7) Each licensee shall be permitted to conduct
16    charitable games on not more than 4 days each year. Nothing
17    in this Section shall be construed to prohibit a licensee
18    that conducts charitable games on its own premises from
19    also obtaining a providers' license in accordance with
20    Section 7 of this Act.
21        (8) Unless the provider of the premises is a
22    municipality, the provider of the premises may not rent or
23    otherwise provide the premises for the conducting of more
24    than one 8 charitable games night nights per month year.
25        (9) A charitable games event is considered to be a
26    one-day event and charitable games may not be played

 

 

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1    between the hours of 2:00 a.m. and noon.
2        (10) No person under the age of 18 years may play or
3    participate in the conducting of charitable games. Any
4    person under the age of 18 years may be within the area
5    where charitable games are being played only when
6    accompanied by his parent or guardian.
7        (11) No one other than the sponsoring organization of
8    charitable games must have a proprietary interest in the
9    game promoted.
10        (12) Raffles or other forms of gambling prohibited by
11    law shall not be conducted on the premises where charitable
12    games are being conducted.
13        (13) Such games are not expressly prohibited by county
14    ordinance for charitable games conducted in the
15    unincorporated areas of the county or municipal ordinance
16    for charitable games conducted in the municipality and the
17    ordinance is filed with the Board Department of Revenue.
18    The Board Department shall provide each county or
19    municipality with a list of organizations licensed or
20    subsequently authorized by the Board Department to conduct
21    charitable games in their jurisdiction.
22        (14) The sale of tangible personal property at
23    charitable games is subject to all State and local taxes
24    and obligations.
25        (15) Each licensee may offer or conduct only the games
26    listed below, which must be conducted in accordance with

 

 

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1    rules posted by the organization. The organization
2    sponsoring charitable games shall promulgate rules, and
3    make printed copies available to participants, for the
4    following games: (a) roulette; (b) blackjack; (c) poker;
5    (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer;
6    (h) big six; (i) gin rummy; (j) five card stud poker; (k)
7    chuck-a-luck; (l) keno; (m) hold-em poker; and (n)
8    merchandise wheel. A licensee need not offer or conduct
9    every game permitted by law. The conducting of games not
10    listed above is prohibited by this Act.
11        (16) No slot machines or coin-in-the-slot-operated
12    devices that allow a participant to play games of chance
13    shall be permitted to be used at the location and during
14    the time at which the charitable games are being conducted.
15    However, establishments that have video gaming terminals
16    licensed under the Video Gaming Act may operate them along
17    with charitable games under rules adopted by the Board.
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) No employee, owner, or officer of a consultant
3    service hired by a licensed organization to perform
4    services at the event including, but not limited to,
5    security for persons or property at the event or services
6    before the event including, but not limited to, training
7    for volunteers or advertising may participate in the
8    management or operation of the games.
9        (22) (Blank).
10(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
 
11    (230 ILCS 30/9)  (from Ch. 120, par. 1129)
12    Sec. 9. There shall be paid to the Board Department of
13Revenue, 5% 3% of the net gross proceeds of charitable games
14conducted under the provisions of this Act. Such payments shall
15be made within 30 days after the completion of the games.
16Accompanying each payment shall be a return, on forms
17prescribed by the Board Department of Revenue. Failure to
18submit either the payment or the return within the specified
19time may result in suspension or revocation of the license. Tax
20returns filed pursuant to this Act shall not be confidential
21and shall be available for public inspection.
22     The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
235g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers'
24Occupation Tax Act, and Section 3-7 of the Uniform Penalty and
25Interest Act, which are not inconsistent with this Act shall

 

 

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1apply, as far as practicable, to the subject matter of this Act
2to the same extent as if such provisions were included in this
3Act. For the purposes of this Act, references in such
4incorporated Sections of the Retailers' Occupation Tax Act to
5retailers, sellers or persons engaged in the business of
6selling tangible personal property means persons engaged in
7conducting charitable games, and references in such
8incorporated Sections of the Retailers' Occupation Tax Act to
9sales of tangible personal property mean the conducting of
10charitable games and the making of charges for playing such
11games.
12    All payments made to the Board Department of Revenue under
13this Section shall be deposited into the Illinois Gaming Law
14Enforcement Fund of the State Treasury.
15(Source: P.A. 95-228, eff. 8-16-07.)
 
16    (230 ILCS 30/10)  (from Ch. 120, par. 1130)
17    Sec. 10. Each licensee must keep a complete record of
18charitable games conducted within the previous 3 years. Such
19record shall be open to inspection by any employee of the Board
20Department of Revenue during reasonable business hours.
21    The Board Department may require that any person,
22organization or corporation licensed under this Act obtain from
23an Illinois certified public accounting firm at its own expense
24a certified and unqualified financial statement and
25verification of records of such organization. Failure of a

 

 

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1charitable games licensee to comply with this requirement
2within 90 days of receiving notice from the Board Department
3may result in suspension or revocation of the licensee's
4license.
5    The Board Department of Revenue may, at its discretion,
6suspend or revoke any license if it finds that the licensee or
7any person connected therewith has violated or is violating the
8provisions of this Act. A revocation or suspension shall be in
9addition to, and not in lieu of, any other civil penalties or
10assessments that are authorized by this Act. No licensee under
11this Act, while a charitable game is being conducted, shall
12knowingly permit the entry into any part of the licensed
13premises by any person who has been convicted of a violation of
14Article 28 of the Criminal Code of 1961.
15(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
 
16    (230 ILCS 30/12)  (from Ch. 120, par. 1132)
17    Sec. 12. Penalties.
18    (1) Any person who conducts or knowingly participates in an
19unlicensed charitable game commits the offense of gambling in
20violation of Section 28-1 of the Criminal Code of 1961, as
21amended. Any person who violates any provision of this Act, or
22any person who fails to file a charitable games return or who
23files a fraudulent return or application under this Act, or any
24person who willfully violates any rule or regulation of the
25Board Department for the administration and enforcement of this

 

 

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1Act, or any officer or agent of an organization licensed under
2this Act who signs a fraudulent return or application filed on
3behalf of such an organization, is guilty of a Class A
4misdemeanor. Any second or subsequent violation of this Act
5constitutes a Class 4 felony.
6    (2) Any organization that illegally conducts charitable
7games, in addition to other penalties provided for in this Act,
8shall be subject to a civil penalty equal to the amount of
9gross proceeds derived from those unlicensed games, as well as
10confiscation and forfeiture of all charitable games equipment
11used in the conduct of those unlicensed games.
12    (3) Any organization licensed to conduct charitable games
13that allows any form of illegal gambling to be conducted on the
14premises where charitable games are being conducted, in
15addition to other penalties provided for in this Act, shall be
16subject to a civil penalty equal to the amount of gross
17proceeds derived on that day from charitable games and any
18illegal game that may have been conducted, as well as
19confiscation and forfeiture of all charitable games equipment
20used in the conduct of any unlicensed or illegal games.
21    (4) Any person who violates any provision of this Act or
22knowingly violates any rule of the Board Department for the
23administration of this Act, in addition to other penalties
24provided, shall be subject to a civil penalty not to exceed
25$250 for each separate violation.
26    (5) No person shall sell, lease, or distribute for

 

 

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1compensation within this State, or possess with intent to sell,
2lease, or distribute for compensation within this State, any
3chips, representations of money, wheels, or any devices or
4equipment designed for use or used in the play of charitable
5games without first having obtained a license to do so from the
6Board Department of Revenue. Any person that knowingly violates
7this paragraph is guilty of a Class A misdemeanor, the fine for
8which shall not exceed $50,000.
9(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
 
10    (230 ILCS 30/13)  (from Ch. 120, par. 1133)
11    Sec. 13. The Illinois Administrative Procedure Act shall
12apply to all administrative rules and procedures of the Board
13Department of Revenue under this Act, except that (1) paragraph
14(b) of Section 5-10 of the Illinois Administrative Procedure
15Act does not apply to final orders, decisions and opinions of
16the Board Department, (2) subparagraph (a)(ii) of Section 5-10
17of the Illinois Administrative Procedure Act does not apply to
18forms established by the Board Department for use under this
19Act, (3) the provisions of Section 10-45 of the Illinois
20Administrative Procedure Act regarding proposals for decision
21are excluded and not applicable to the Board Department under
22this Act, and (4) the provisions of subsection (d) of Section
2310-65 of the Illinois Administrative Procedure Act do not apply
24so as to prevent summary suspension of any license pending
25revocation or other action, which suspension shall remain in

 

 

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1effect unless modified by the Board Department or unless the
2Board's Department's decision is reversed on the merits in
3proceedings conducted pursuant to the Administrative Review
4Law.
5(Source: P.A. 91-357, eff. 7-29-99.)
 
6    (230 ILCS 30/14)  (from Ch. 120, par. 1134)
7    Sec. 14. (a) There is hereby created the Illinois Gaming
8Law Enforcement Fund, a special fund in the State Treasury.
9    (b) The General Assembly shall appropriate two-thirds of
10the monies in such fund to the Board Department of Revenue,
11Department of State Police and the Office of the Attorney
12General for State law enforcement purposes. The remaining
13one-third of the monies in such fund shall be appropriated to
14the Board Department of Revenue for the purpose of distribution
15in the form of grants to counties or municipalities for law
16enforcement purposes.
17    The amount of a grant to counties or municipalities shall
18bear the same ratio to the total amount of grants made as the
19number of licenses issued in counties or municipalities bears
20to the total number of licenses issued in the State. In
21computing the number of licenses issued in a county, licenses
22issued for locations within a municipality's boundaries shall
23be excluded.
24    (c) (Blank).
25(Source: P.A. 90-372, eff. 7-1-98.)
 

 

 

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1    (230 ILCS 30/15)  (from Ch. 120, par. 1135)
2    Sec. 15. Any law enforcement agency that takes action
3relating to the operation of a charitable game shall notify the
4Board Department of Revenue and specify the extent of the
5action taken and the reasons for such action.
6(Source: P.A. 84-1303.)
 
7    (230 ILCS 30/16 new)
8    Sec. 16. The Illinois Gaming Board.
9    (a) On the effective date of this amendatory Act of the
1097th General Assembly, all powers, duties, rights, and
11responsibilities of the Department of Revenue under this Act
12shall be transferred to the Illinois Gaming Board.
13    (b) The personnel of the Department of Revenue that is
14responsible for enforcing this Act shall be transferred to the
15Illinois Gaming Board. The status and rights of such employees
16under the Personnel Code shall not be affected by the transfer.
17The rights of the employees and the State of Illinois and its
18agencies under the Personnel Code and applicable collective
19bargaining agreements or under any pension, retirement, or
20annuity plan shall not be affected by this amendatory Act of
21the 97th General Assembly. To the extent that an employee
22performs any other duties for the Department of Revenue that do
23not relate to the enforcement of this Act, that employee shall
24be transferred at the Governor's discretion.

 

 

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1    (c) All books, records, papers, documents, property (real
2and personal), contracts, causes of action, and pending
3business pertaining to the powers, duties, rights, and
4responsibilities transferred by this amendatory Act of the 97th
5General Assembly from the Department of Revenue to the Illinois
6Gaming Board, including, but not limited to, material in
7electronic or magnetic format and necessary computer hardware
8and software, shall be transferred to the Illinois Gaming
9Board.
10    (d) All unexpended appropriations and balances and other
11funds available for use by the Department of Revenue for the
12specific purposes under this Act shall be transferred for use
13by the Illinois Gaming Board pursuant to the direction of the
14Governor. Unexpended balances so transferred shall be expended
15only for the purpose for which the appropriations were
16originally made.
17    (e) The powers, duties, rights, and responsibilities
18transferred from the Department of Revenue by this amendatory
19Act of the 97th General Assembly shall be vested in and shall
20be exercised by the Illinois Gaming Board.
21    (f) Whenever reports or notices are now required to be made
22or given or papers or documents furnished or served by any
23person to or upon the Department of Revenue in connection with
24any of the powers, duties, rights, and responsibilities
25transferred by this amendatory Act of the 97th General
26Assembly, the same shall be made, given, furnished, or served

 

 

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1in the same manner to or upon the Illinois Gaming Board.
2    (g) This amendatory Act of the 97th General Assembly does
3not affect any act done, ratified, or canceled or any right
4occurring or established or any action or proceeding had or
5commenced in an administrative, civil, or criminal cause by the
6Department of Revenue before this amendatory Act of the 97th
7General Assembly takes effect; such actions or proceedings may
8be prosecuted and continued by the Illinois Gaming Board.
9    (h) Any rules of the Department of Revenue adopted under
10this Act that relate to its powers, duties, rights, and
11responsibilities and are in full force on the effective date of
12this amendatory Act of the 97th General Assembly shall become
13the rules of the Illinois Gaming Board. This amendatory Act of
14the 97th General Assembly does not affect the legality of any
15such rules in the Illinois Administrative Code.
16    Any proposed rules filed with the Secretary of State by the
17Department of Revenue that are pending in the rulemaking
18process on the effective date of this amendatory Act of the
1997th General Assembly and pertain to the powers, duties,
20rights, and responsibilities transferred, shall be deemed to
21have been filed by the Illinois Gaming Board. As soon as
22practicable hereafter, the Illinois Gaming Board shall revise
23and clarify the rules transferred to it under this amendatory
24Act of the 97th General Assembly to reflect the reorganization
25of powers, duties, rights, and responsibilities affected by
26this amendatory Act, using the procedures for recodification of

 

 

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1rules available under the Illinois Administrative Procedure
2Act, except that existing title, part, and section numbering
3for the affected rules may be retained. The Illinois Gaming
4Board may propose and adopt under the Illinois Administrative
5Procedure Act such other rules of the Department of Revenue
6that will now be administered by the Illinois Gaming Board.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    230 ILCS 30/2from Ch. 120, par. 1122
4    230 ILCS 30/3from Ch. 120, par. 1123
5    230 ILCS 30/4from Ch. 120, par. 1124
6    230 ILCS 30/5from Ch. 120, par. 1125
7    230 ILCS 30/6from Ch. 120, par. 1126
8    230 ILCS 30/7from Ch. 120, par. 1127
9    230 ILCS 30/8from Ch. 120, par. 1128
10    230 ILCS 30/9from Ch. 120, par. 1129
11    230 ILCS 30/10from Ch. 120, par. 1130
12    230 ILCS 30/12from Ch. 120, par. 1132
13    230 ILCS 30/13from Ch. 120, par. 1133
14    230 ILCS 30/14from Ch. 120, par. 1134
15    230 ILCS 30/15from Ch. 120, par. 1135
16    230 ILCS 30/16 new