Sen. James F. Clayborne, Jr.
Filed: 5/9/2013
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1 | AMENDMENT TO HOUSE BILL 996
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2 | AMENDMENT NO. ______. Amend House Bill 996 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Charitable Games Act is amended by changing | ||||||
5 | Sections 3, 4, 5, 8, and 9 as follows:
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6 | (230 ILCS 30/3) (from Ch. 120, par. 1123)
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7 | Sec. 3. The Department of Revenue shall, upon application | ||||||
8 | therefor
on forms prescribed by the Department, and upon the | ||||||
9 | payment of a nonrefundable annual
fee of $400 due upon | ||||||
10 | application and each renewal $200 , and upon a determination by | ||||||
11 | the Department that the applicant
meets all of the | ||||||
12 | qualifications specified in this Act, issue a
charitable games | ||||||
13 | license for the conducting of charitable games to any
of the | ||||||
14 | following:
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15 | (i) Any local fraternal mutual benefit organization | ||||||
16 | chartered at least
40 years before it applies for a license |
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1 | under this Act.
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2 | (ii) Any qualified organization organized in Illinois | ||||||
3 | which operates
without profit to its members, which has | ||||||
4 | been in existence in Illinois
continuously for a period of | ||||||
5 | 5 years immediately before making application for
a license | ||||||
6 | and which has had during that 5 year period a bona fide | ||||||
7 | membership
engaged in carrying out its objects. However, | ||||||
8 | the 5 year requirement shall be
reduced to 2 years, as | ||||||
9 | applied to a local organization which is affiliated with
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10 | and chartered by a national organization which meets the 5 | ||||||
11 | year requirement.
The period of existence specified above | ||||||
12 | shall not apply to a qualified
organization, organized for | ||||||
13 | charitable purpose, created by a fraternal
organization | ||||||
14 | that meets the existence requirements if the charitable
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15 | organization has the same officers and directors as the | ||||||
16 | fraternal organization.
Only one charitable organization | ||||||
17 | created by a branch lodge or chapter of a
fraternal | ||||||
18 | organization may be licensed under this provision.
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19 | The application shall be signed by a person listed on the | ||||||
20 | application as an owner, officer, or other person in charge of | ||||||
21 | the necessary day-to-day operations of the applicant | ||||||
22 | organization, who shall attest under penalties of perjury that | ||||||
23 | the information contained in the application is true, correct, | ||||||
24 | and complete.
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25 | Each license shall be in effect for 2 years one year from | ||||||
26 | its date of
issuance unless extended, suspended, or revoked by |
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1 | Department action before that date.
Any extension shall not | ||||||
2 | exceed one year. The Department may by rule authorize the | ||||||
3 | filing by electronic means of any application, license, permit, | ||||||
4 | return, or registration required under this Act. A licensee may | ||||||
5 | hold only one license. Each license must be applied for at
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6 | least 30 days prior to the night or nights the licensee wishes | ||||||
7 | to conduct
such games. The Department may issue a license to a | ||||||
8 | licensee that applies less than 30 days prior to the night or | ||||||
9 | nights the licensee wishes to conduct the games if all other | ||||||
10 | requirements of this Act are met and the Department has | ||||||
11 | sufficient time and resources to issue the license in a timely | ||||||
12 | manner. The Department may provide by rule for an extension of | ||||||
13 | any charitable games license issued under this Act. If a | ||||||
14 | licensee wishes to conduct games at a location other than
the | ||||||
15 | locations originally specified in the license, the licensee | ||||||
16 | shall
notify the Department of the proposed alternate location | ||||||
17 | at least 30 days
before the night on which the licensee wishes | ||||||
18 | to conduct games at the
alternate location. The Department may | ||||||
19 | accept an applicant's change in location with less than 30 | ||||||
20 | days' notice if all other requirements of this Act are met and | ||||||
21 | the Department has sufficient time and resources to process the | ||||||
22 | change in a timely manner.
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23 | All taxes and fees imposed by this Act, unless otherwise | ||||||
24 | specified, shall be paid into the Illinois Gaming Law | ||||||
25 | Enforcement Fund of the State Treasury.
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26 | (Source: P.A. 95-228, eff. 8-16-07.)
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1 | (230 ILCS 30/4) (from Ch. 120, par. 1124)
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2 | Sec. 4. Licensing Restrictions. Licensing for the | ||||||
3 | conducting of
charitable games is subject to the following | ||||||
4 | restrictions:
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5 | (1) The license application, when submitted to the | ||||||
6 | Department of Revenue,
must contain a sworn statement | ||||||
7 | attesting to the not-for-profit character
of the | ||||||
8 | prospective licensee organization, signed by a person | ||||||
9 | listed on the application as an owner, officer, or other | ||||||
10 | person in charge of the necessary day-to-day operations. | ||||||
11 | The application shall contain the
name of the person in | ||||||
12 | charge of and primarily responsible for the
conduct of the | ||||||
13 | charitable games. The person so designated shall be
present | ||||||
14 | on the premises continuously during charitable games.
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15 | (2) The license application shall be prepared by the | ||||||
16 | prospective
licensee organization or its duly authorized | ||||||
17 | representative in accordance
with the
rules of the | ||||||
18 | Department of Revenue.
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19 | (2.1) The organization shall maintain among its books | ||||||
20 | and records a list of the names,
addresses, social security | ||||||
21 | numbers, and dates of birth of all persons who will
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22 | participate in the management or operation of the games, | ||||||
23 | along with a sworn
statement made under penalties of | ||||||
24 | perjury, signed by a person listed on the application as an | ||||||
25 | owner, officer, or other person in charge of the necessary |
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1 | day-to-day operations, that the persons listed as | ||||||
2 | participating in the
management or operation of the games | ||||||
3 | are bona fide members, volunteers as
defined in Section 2, | ||||||
4 | or employees of the applicant, that these persons have
not
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5 | participated in the management or operation of more than 12 | ||||||
6 | 4 charitable games
events conducted by any licensee in the | ||||||
7 | calendar year, and that these persons
will receive no | ||||||
8 | remuneration or compensation, directly or indirectly from | ||||||
9 | any
source, for participating in the management or | ||||||
10 | operation of the games. Any
amendments to this listing must | ||||||
11 | contain an identical sworn statement.
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12 | (2.2) (Blank).
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13 | (3) Each license shall state the date, hours and
at | ||||||
14 | what
locations the licensee is permitted to conduct | ||||||
15 | charitable games.
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16 | (4) Each licensee shall file a copy of the license with | ||||||
17 | each
police
department or, if in unincorporated areas, each | ||||||
18 | sheriff's office whose
jurisdiction includes the premises | ||||||
19 | on which the charitable games are
authorized under the | ||||||
20 | license.
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21 | (5) The licensee shall prominently display the license | ||||||
22 | in the
area where the licensee is to conduct charitable | ||||||
23 | games. The licensee shall likewise display, in the form and | ||||||
24 | manner prescribed by the Department, the provisions of | ||||||
25 | Section 9 of this Act.
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26 | (6) (Blank).
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1 | (7) (Blank). Each licensee shall obtain and maintain a | ||||||
2 | bond for the
benefit of
participants in games conducted by | ||||||
3 | the licensee to insure payment to the
winners of such | ||||||
4 | games. Such bond discretionary by the Department and shall | ||||||
5 | be in an amount established by rule
by the Department of | ||||||
6 | Revenue. In a county with fewer than 60,000
inhabitants, | ||||||
7 | the Department may waive the bond
requirement upon a | ||||||
8 | showing by a licensee that it has sufficient funds on
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9 | deposit to insure payment to the winners of such games.
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10 | (8) A license is not assignable or transferable.
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11 | (9) Unless the premises for conducting charitable | ||||||
12 | games are provided by
a
municipality, the Department shall | ||||||
13 | not issue a license
permitting a
person, firm
or | ||||||
14 | corporation to sponsor a charitable games night if the | ||||||
15 | premises for the
conduct of the charitable games has been | ||||||
16 | previously used for 12 8
charitable
games nights during the | ||||||
17 | previous 12 months.
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18 | (10) Auxiliary organizations of a licensee shall not be
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19 | eligible for a
license to conduct charitable games, except | ||||||
20 | for auxiliary organizations
of veterans organizations as | ||||||
21 | authorized in Section 2.
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22 | (11) Charitable games must be conducted in accordance | ||||||
23 | with
local
building and fire code requirements.
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24 | (12) The licensee shall consent to allowing the | ||||||
25 | Department's
employees
to be present on the premises | ||||||
26 | wherein the charitable games are conducted
and to inspect |
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1 | or test equipment, devices and supplies used in the conduct
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2 | of the game.
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3 | Nothing in this Section shall be construed to prohibit a | ||||||
4 | licensee that
conducts charitable games on its own premises | ||||||
5 | from also obtaining a
providers' license in accordance with | ||||||
6 | Section 5.1.
The maximum number of charitable games events that | ||||||
7 | may be held in any one
premises is limited to one 8 charitable | ||||||
8 | games event events per month calendar year .
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9 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
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10 | (230 ILCS 30/5) (from Ch. 120, par. 1125)
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11 | Sec. 5. Providers' License. The Department shall issue a | ||||||
12 | providers'
license permitting a person, firm or corporation to | ||||||
13 | provide
premises for the conduct of charitable games. No | ||||||
14 | person, firm or
corporation may rent or otherwise provide | ||||||
15 | premises without having first
obtained a license. Applications | ||||||
16 | for providers' licenses shall be made in writing in accordance | ||||||
17 | with Department rules. The Department shall license providers | ||||||
18 | of charitable games at a nonrefundable annual fee of $50, or | ||||||
19 | nonrefundable triennial license fee of $150. Each providers' | ||||||
20 | license is valid for one year
from the date of issuance, or 3 | ||||||
21 | years from date of issuance for a triennial license, unless | ||||||
22 | extended, suspended,
or revoked by Department action
before
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23 | that date. Any extension of a providers' license shall not | ||||||
24 | exceed one year. A provider may receive reasonable compensation | ||||||
25 | for the provision
of the premises. Reasonable expenses shall |
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1 | include only those expenses defined as reasonable by rules | ||||||
2 | adopted by the Department. A provider, other than a
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3 | municipality, may not provide
the same premises for conducting | ||||||
4 | more than 12 8 charitable games nights
per year.
A provider | ||||||
5 | shall not have any interest in any suppliers' business, either
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6 | direct or indirect.
A municipality may provide the same | ||||||
7 | premises for conducting 48 16 charitable
games nights during a | ||||||
8 | 12-month period. No employee, officer, or owner of a
provider | ||||||
9 | may participate in the management or operation of a charitable | ||||||
10 | games
event, even if the employee, officer, or owner is also a | ||||||
11 | member, volunteer, or
employee of the charitable games | ||||||
12 | licensee. A provider may not promote or
solicit a charitable | ||||||
13 | games event on behalf of a charitable games licensee or
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14 | qualified organization.
Any qualified organization licensed to | ||||||
15 | conduct a
charitable game need not obtain a providers' license | ||||||
16 | if such games are to
be conducted on the organization's | ||||||
17 | premises.
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18 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
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19 | (230 ILCS 30/8) (from Ch. 120, par. 1128)
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20 | Sec. 8. The conducting of charitable games is subject to | ||||||
21 | the following
restrictions:
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22 | (1) The entire net proceeds from charitable games must | ||||||
23 | be exclusively
devoted to the lawful purposes of the | ||||||
24 | organization permitted to conduct
that game.
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25 | (2) No person except a bona fide member or employee of |
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1 | the
sponsoring organization, or a volunteer recruited by | ||||||
2 | the sponsoring
organization, may participate in the | ||||||
3 | management or operation of the
game.
A person participates | ||||||
4 | in the management or operation of a charitable game
when he | ||||||
5 | or she sells admission tickets at the event; sells, | ||||||
6 | redeems, or in any
way assists in the selling or redeeming | ||||||
7 | of chips, scrip, or play money;
participates in the
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8 | conducting of any of the games played during the event, or | ||||||
9 | supervises, directs
or instructs anyone conducting a game; | ||||||
10 | or at any time during the hours of the
charitable games | ||||||
11 | event counts, handles, or supervises anyone counting or
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12 | handling any of the proceeds or chips, scrip, or play money | ||||||
13 | at the event. A
person who is present to
ensure that the | ||||||
14 | games are being conducted in conformance with the rules
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15 | established by the licensed organization or is present to | ||||||
16 | insure that the
equipment is working
properly is considered | ||||||
17 | to be participating in the management or operation of a
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18 | game. Setting up, cleaning up, selling food and drink, or | ||||||
19 | providing security
for persons or property at the event | ||||||
20 | does not constitute participation in the
management or | ||||||
21 | operation of the game.
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22 | Only bona fide members, volunteers as defined in | ||||||
23 | Section 2 of this Act, and
employees of the sponsoring | ||||||
24 | organization may participate in the management or
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25 | operation of the games. Participation in the management or
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26 | operation
of the games is limited to no more than 12 4 |
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1 | charitable games events, either of the sponsoring | ||||||
2 | organization or any other licensed organization, during a | ||||||
3 | calendar year.
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4 | (3) No person may receive any remuneration or | ||||||
5 | compensation either
directly or
indirectly from any source | ||||||
6 | for
participating in the management or operation of the | ||||||
7 | game.
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8 | (4) No single bet at any house-banked game may exceed | ||||||
9 | $20 $10 .
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10 | (5) A bank shall be established on the premises to | ||||||
11 | convert currency into
chips, scrip, or other form of play | ||||||
12 | money which shall then be used to play
at
games of chance | ||||||
13 | which the participant chooses. Chips, scrip, or play money
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14 | must be permanently monogrammed with the supplier license | ||||||
15 | number or logo or charitable games license number of a the | ||||||
16 | licensed organization or of the
supplier. Each participant | ||||||
17 | must be issued a receipt indicating the amount
of chips, | ||||||
18 | scrip, or play money purchased.
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19 | (6) At the conclusion of the event or when the | ||||||
20 | participant leaves, he or she
may cash in his or her chips, | ||||||
21 | scrip, or play money in exchange for currency not to
exceed | ||||||
22 | $500 in cash winnings $250 or unlimited noncash prizes. | ||||||
23 | Each participant shall sign for any receipt
of prizes. The | ||||||
24 | licensee shall provide the Department of Revenue with a
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25 | listing of all prizes awarded, including the retail value | ||||||
26 | of all prizes awarded.
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1 | (7) Each licensee shall be permitted to conduct | ||||||
2 | charitable games on
not more than 4 days each year. Nothing | ||||||
3 | in this Section shall be construed to prohibit a licensee | ||||||
4 | that conducts charitable games on its own premises from | ||||||
5 | also obtaining a providers' license in accordance with | ||||||
6 | Section 7 of this Act.
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7 | (8) Unless the provider of the premises is a | ||||||
8 | municipality, the
provider of the premises may not rent or | ||||||
9 | otherwise provide the
premises for the conducting of more | ||||||
10 | than one 8 charitable games night nights per month year .
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11 | (9) A charitable games event is considered to be a | ||||||
12 | one-day event and charitable games may not be played | ||||||
13 | between the hours of 2:00 a.m.
and noon.
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14 | (10) No person under the age of 18 years may play or | ||||||
15 | participate in the
conducting of charitable games. Any | ||||||
16 | person under the age of 18 years
may be within the area | ||||||
17 | where charitable games are being played only
when | ||||||
18 | accompanied by his parent or guardian.
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19 | (11) No one other than the sponsoring organization
of | ||||||
20 | charitable games must have a proprietary
interest in the | ||||||
21 | game promoted.
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22 | (12) Raffles or other forms of gambling prohibited by | ||||||
23 | law shall not be
conducted on the premises where charitable | ||||||
24 | games are being conducted.
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25 | (13) Such games are not expressly prohibited by county
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26 | ordinance for
charitable games conducted in the |
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1 | unincorporated areas of the county or
municipal ordinance | ||||||
2 | for charitable games conducted in the municipality and
the | ||||||
3 | ordinance is filed with the Department of Revenue. The | ||||||
4 | Department
shall provide each county or municipality with a | ||||||
5 | list of organizations
licensed or subsequently authorized | ||||||
6 | by the Department to conduct
charitable games in their | ||||||
7 | jurisdiction.
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8 | (14) The sale of tangible personal property at | ||||||
9 | charitable games is
subject to all State and local taxes | ||||||
10 | and obligations.
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11 | (15) Each licensee may offer or conduct only the games
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12 | listed
below,
which must be conducted in accordance with
| ||||||
13 | rules posted by the organization. The organization | ||||||
14 | sponsoring charitable
games shall promulgate rules, and | ||||||
15 | make printed copies available to
participants, for the | ||||||
16 | following games: (a) roulette; (b) blackjack; (c)
poker; | ||||||
17 | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||||||
18 | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | ||||||
19 | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | ||||||
20 | merchandise wheel. A licensee need not offer or
conduct | ||||||
21 | every game permitted by law.
The conducting of games not | ||||||
22 | listed above is prohibited by this Act.
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23 | (16) No slot machines or coin-in-the-slot-operated | ||||||
24 | devices
that allow a participant to play games of chance | ||||||
25 | shall be permitted to be used at the location and during | ||||||
26 | the time at which the charitable games are being conducted. |
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1 | However, establishments that have video gaming terminals | ||||||
2 | licensed under the Video Gaming Act may operate them along | ||||||
3 | with charitable games under rules adopted by the | ||||||
4 | Department.
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5 | (17) No cards, dice, wheels, or other equipment may be | ||||||
6 | modified or
altered
so as to give the licensee a greater | ||||||
7 | advantage in winning, other than as
provided under the | ||||||
8 | normal rules of play of a particular game.
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9 | (18) No credit shall be extended to any of the | ||||||
10 | participants.
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11 | (19) (Blank).
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12 | (20) A supplier may have only one representative | ||||||
13 | present at the charitable
games event, for the exclusive | ||||||
14 | purpose of ensuring that its equipment is not
damaged.
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15 | (21) No employee, owner, or officer of a consultant | ||||||
16 | service hired by a
licensed organization to perform | ||||||
17 | services at the event including, but not
limited to, | ||||||
18 | security for
persons or property at the event or services | ||||||
19 | before the event including, but
not limited to, training | ||||||
20 | for volunteers
or advertising may participate in the | ||||||
21 | management or operation of the games.
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22 | (22) (Blank).
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23 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
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24 | (230 ILCS 30/9) (from Ch. 120, par. 1129)
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25 | Sec. 9. There shall be paid to the Department of Revenue, |
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1 | 5% 3% of the net
gross proceeds of charitable games conducted | ||||||
2 | under the provisions
of this Act. Such payments shall be made | ||||||
3 | within 30 days after the
completion of the games. Accompanying | ||||||
4 | each payment shall be a return, on forms prescribed by
the | ||||||
5 | Department of Revenue. Failure to submit either the payment or | ||||||
6 | the return within the
specified time may result in suspension | ||||||
7 | or revocation of the license. Tax returns filed pursuant to | ||||||
8 | this Act shall not be confidential and shall be available for | ||||||
9 | public inspection.
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10 |
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, | ||||||
11 | 5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | ||||||
12 | Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and | ||||||
13 | Interest Act,
which are not inconsistent with this Act shall | ||||||
14 | apply, as far as
practicable, to the subject matter of this Act | ||||||
15 | to the same extent as if
such provisions were included in this | ||||||
16 | Act. For the purposes of this Act, references in such | ||||||
17 | incorporated
Sections of the Retailers' Occupation Tax Act to | ||||||
18 | retailers, sellers or
persons engaged in the business of | ||||||
19 | selling tangible personal property means
persons engaged in | ||||||
20 | conducting charitable games, and references in such
| ||||||
21 | incorporated Sections of the Retailers' Occupation Tax Act to | ||||||
22 | sales of
tangible personal property mean the conducting of | ||||||
23 | charitable games and the
making of charges for playing such | ||||||
24 | games.
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25 | All payments made to the Department of Revenue under this | ||||||
26 | Section shall be deposited
into the Illinois Gaming Law |
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1 | Enforcement Fund of the State Treasury.
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2 | (Source: P.A. 95-228, eff. 8-16-07.)".
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