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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1738 Introduced 2/15/2013, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/7.5 | | 230 ILCS 40/5 | | 230 ILCS 40/25 | | 230 ILCS 40/45 | | 230 ILCS 40/78 | | 720 ILCS 5/28-2 | from Ch. 38, par. 28-2 | 720 ILCS 5/28-5 | from Ch. 38, par. 28-5 | 720 ILCS 5/28-8 | from Ch. 38, par. 28-8 |
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Amends the Video Gaming Act. Makes changes in the definition of "video gaming terminal". Removes language restricting the operation of video gaming terminals near inter-track wagering licensees or inter-track wagering location licensees. Requires the splitting of the annual fees for video gaming terminals by a terminal operator and a licensed establishment, licensed truck stop establishment, licensed fraternal establishment,
or licensed veterans establishment. Prohibits the Board from disseminating information relating to video gaming that is specific to individual licensed locations, but allows the dissemination of information that is aggregated based on municipality or county (and makes conforming changes in the Freedom of Information Act). Amends the Criminal Code of 2012. Adds exemptions related to video gaming in provisions concerning the definition of "gambling device", the seizure of gambling devices, and gambling losses that are recoverable.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning gaming.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Section 7.5 as follows: |
6 | | (5 ILCS 140/7.5) |
7 | | Sec. 7.5. Statutory Exemptions. To the extent provided for |
8 | | by the statutes referenced below, the following shall be exempt |
9 | | from inspection and copying: |
10 | | (a) All information determined to be confidential |
11 | | under Section 4002 of the Technology Advancement and |
12 | | Development Act. |
13 | | (b) Library circulation and order records identifying |
14 | | library users with specific materials under the Library |
15 | | Records Confidentiality Act. |
16 | | (c) Applications, related documents, and medical |
17 | | records received by the Experimental Organ Transplantation |
18 | | Procedures Board and any and all documents or other records |
19 | | prepared by the Experimental Organ Transplantation |
20 | | Procedures Board or its staff relating to applications it |
21 | | has received. |
22 | | (d) Information and records held by the Department of |
23 | | Public Health and its authorized representatives relating |
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1 | | to known or suspected cases of sexually transmissible |
2 | | disease or any information the disclosure of which is |
3 | | restricted under the Illinois Sexually Transmissible |
4 | | Disease Control Act. |
5 | | (e) Information the disclosure of which is exempted |
6 | | under Section 30 of the Radon Industry Licensing Act. |
7 | | (f) Firm performance evaluations under Section 55 of |
8 | | the Architectural, Engineering, and Land Surveying |
9 | | Qualifications Based Selection Act. |
10 | | (g) Information the disclosure of which is restricted |
11 | | and exempted under Section 50 of the Illinois Prepaid |
12 | | Tuition Act. |
13 | | (h) Information the disclosure of which is exempted |
14 | | under the State Officials and Employees Ethics Act, and |
15 | | records of any lawfully created State or local inspector |
16 | | general's office that would be exempt if created or |
17 | | obtained by an Executive Inspector General's office under |
18 | | that Act. |
19 | | (i) Information contained in a local emergency energy |
20 | | plan submitted to a municipality in accordance with a local |
21 | | emergency energy plan ordinance that is adopted under |
22 | | Section 11-21.5-5 of the Illinois Municipal Code. |
23 | | (j) Information and data concerning the distribution |
24 | | of surcharge moneys collected and remitted by wireless |
25 | | carriers under the Wireless Emergency Telephone Safety |
26 | | Act. |
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1 | | (k) Law enforcement officer identification information |
2 | | or driver identification information compiled by a law |
3 | | enforcement agency or the Department of Transportation |
4 | | under Section 11-212 of the Illinois Vehicle Code. |
5 | | (l) Records and information provided to a residential |
6 | | health care facility resident sexual assault and death |
7 | | review team or the Executive Council under the Abuse |
8 | | Prevention Review Team Act. |
9 | | (m) Information provided to the predatory lending |
10 | | database created pursuant to Article 3 of the Residential |
11 | | Real Property Disclosure Act, except to the extent |
12 | | authorized under that Article. |
13 | | (n) Defense budgets and petitions for certification of |
14 | | compensation and expenses for court appointed trial |
15 | | counsel as provided under Sections 10 and 15 of the Capital |
16 | | Crimes Litigation Act. This subsection (n) shall apply |
17 | | until the conclusion of the trial of the case, even if the |
18 | | prosecution chooses not to pursue the death penalty prior |
19 | | to trial or sentencing. |
20 | | (o) Information that is prohibited from being |
21 | | disclosed under Section 4 of the Illinois Health and |
22 | | Hazardous Substances Registry Act. |
23 | | (p) Security portions of system safety program plans, |
24 | | investigation reports, surveys, schedules, lists, data, or |
25 | | information compiled, collected, or prepared by or for the |
26 | | Regional Transportation Authority under Section 2.11 of |
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1 | | the Regional Transportation Authority Act or the St. Clair |
2 | | County Transit District under the Bi-State Transit Safety |
3 | | Act. |
4 | | (q) Information prohibited from being disclosed by the |
5 | | Personnel Records Review Act. |
6 | | (r) Information prohibited from being disclosed by the |
7 | | Illinois School Student Records Act. |
8 | | (s) Information the disclosure of which is restricted |
9 | | under Section 5-108 of the Public Utilities Act.
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10 | | (t) All identified or deidentified health information |
11 | | in the form of health data or medical records contained in, |
12 | | stored in, submitted to, transferred by, or released from |
13 | | the Illinois Health Information Exchange, and identified |
14 | | or deidentified health information in the form of health |
15 | | data and medical records of the Illinois Health Information |
16 | | Exchange in the possession of the Illinois Health |
17 | | Information Exchange Authority due to its administration |
18 | | of the Illinois Health Information Exchange. The terms |
19 | | "identified" and "deidentified" shall be given the same |
20 | | meaning as in the Health Insurance Accountability and |
21 | | Portability Act of 1996, Public Law 104-191, or any |
22 | | subsequent amendments thereto, and any regulations |
23 | | promulgated thereunder. |
24 | | (u) Records and information provided to an independent |
25 | | team of experts under Brian's Law. |
26 | | (v) Names and information of people who have applied |
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1 | | for or received Firearm Owner's Identification Cards under |
2 | | the Firearm Owners Identification Card Act. |
3 | | (w) Personally identifiable information which is |
4 | | exempted from disclosure under subsection (g) of Section |
5 | | 19.1 of the Toll Highway Act. |
6 | | (x) Information which is exempted from disclosure |
7 | | under Section 5-1014.3 of the Counties Code or Section |
8 | | 8-11-21 of the Illinois Municipal Code. |
9 | | (y) Information that is exempted from disclosure under |
10 | | subsection (c) of Section 78 of the Video Gaming Act. |
11 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; |
12 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. |
13 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, |
14 | | eff. 1-1-13.) |
15 | | Section 10. The Video Gaming
Act is amended by changing |
16 | | Sections 5, 25, 45, and 78 as follows:
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17 | | (230 ILCS 40/5)
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18 | | Sec. 5. Definitions. As used in this Act:
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19 | | "Board" means the Illinois Gaming Board.
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20 | | "Credit" means one, 5, 10, or 25 cents either won or |
21 | | purchased by a player.
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22 | | "Distributor" means an individual, partnership, |
23 | | corporation, or limited liability company licensed under
this |
24 | | Act to buy, sell, lease, or distribute video gaming terminals |
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1 | | or major
components or parts of video gaming terminals to or |
2 | | from terminal
operators.
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3 | | "Terminal operator" means an individual, partnership, |
4 | | corporation, or limited liability company that is
licensed |
5 | | under this Act and that owns, services, and maintains video
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6 | | gaming terminals for placement in licensed establishments, |
7 | | licensed truck stop establishments, licensed fraternal
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8 | | establishments, or licensed veterans establishments.
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9 | | "Licensed technician" means an individual
who
is licensed |
10 | | under this Act to repair,
service, and maintain
video gaming |
11 | | terminals.
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12 | | "Licensed terminal handler" means a person, including but |
13 | | not limited to an employee or independent contractor working |
14 | | for a manufacturer, distributor, supplier, technician, or |
15 | | terminal operator, who is licensed under this Act to possess or |
16 | | control a video gaming terminal or to have access to the inner |
17 | | workings of a video gaming terminal. A licensed terminal |
18 | | handler does not include an individual, partnership, |
19 | | corporation, or limited liability company defined as a |
20 | | manufacturer, distributor, supplier, technician, or terminal |
21 | | operator under this Act. |
22 | | "Manufacturer" means an individual, partnership, |
23 | | corporation, or limited liability company that is
licensed |
24 | | under this Act and that manufactures or assembles video gaming
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25 | | terminals.
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26 | | "Supplier" means an individual, partnership, corporation, |
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1 | | or limited liability company that is
licensed under this Act to |
2 | | supply major components or parts to video gaming
terminals to |
3 | | licensed
terminal operators.
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4 | | "Net terminal income" means money put into a video gaming |
5 | | terminal minus
credits paid out to players.
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6 | | "Video gaming terminal" means any electronic video game |
7 | | machine
that, upon insertion of cash , electronic cards as |
8 | | defined in 86 Ill. Adm. Code 3000.100, or vouchers or any |
9 | | combination thereof , is available to play or simulate the play |
10 | | of
a video game, including but not limited to video poker, line |
11 | | up, and blackjack, as
authorized by the Board utilizing a video |
12 | | display and microprocessors in
which the player may receive |
13 | | free games or credits that can be
redeemed for cash. The term |
14 | | does not include a machine that directly
dispenses coins, cash, |
15 | | or tokens or is for amusement purposes only.
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16 | | "Licensed establishment" means any licensed retail |
17 | | establishment where
alcoholic liquor is drawn, poured, mixed, |
18 | | or otherwise served for consumption
on the premises and |
19 | | includes any such establishment that has a contractual |
20 | | relationship with an inter-track wagering location licensee |
21 | | licensed under the Illinois Horse Racing Act of 1975, provided |
22 | | any contractual relationship shall not include any transfer or |
23 | | offer of revenue from the operation of video gaming under this |
24 | | Act to any licensee licensed under the Illinois Horse Racing |
25 | | Act of 1975. Provided, however, that the licensed establishment |
26 | | that has such a contractual relationship with an inter-track |
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1 | | wagering location licensee may not, itself, be (i) an |
2 | | inter-track wagering location licensee, (ii) the corporate |
3 | | parent or subsidiary of any licensee licensed under the |
4 | | Illinois Horse Racing Act of 1975, or (iii) the corporate |
5 | | subsidiary of a corporation that is also the corporate parent |
6 | | or subsidiary of any licensee licensed under the Illinois Horse |
7 | | Racing Act of 1975. "Licensed establishment" does not include a |
8 | | facility operated by an organization licensee, an inter-track |
9 | | wagering licensee, or an inter-track wagering location |
10 | | licensee licensed under the Illinois Horse Racing Act of 1975 |
11 | | or a riverboat licensed under the Riverboat Gambling Act, |
12 | | except as provided in this paragraph.
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13 | | "Licensed fraternal establishment" means the location |
14 | | where a qualified
fraternal organization that derives its |
15 | | charter from a national fraternal
organization regularly |
16 | | meets.
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17 | | "Licensed veterans establishment" means the location where |
18 | | a qualified
veterans organization that derives its charter from |
19 | | a national veterans
organization regularly meets.
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20 | | "Licensed truck stop establishment" means a facility (i) |
21 | | that is at least a
3-acre facility with a convenience store, |
22 | | (ii) with separate diesel
islands for fueling commercial motor |
23 | | vehicles, (iii) that sells at retail more than 10,000 gallons |
24 | | of diesel or biodiesel fuel per month, and (iv) with parking |
25 | | spaces for commercial
motor vehicles. "Commercial motor |
26 | | vehicles" has the same meaning as defined in Section 18b-101 of |
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1 | | the Illinois Vehicle Code. The requirement of item (iii) of |
2 | | this paragraph may be met by showing that estimated future |
3 | | sales or past sales average at least 10,000 gallons per month.
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4 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; |
5 | | 96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff. |
6 | | 8-12-11.)
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7 | | (230 ILCS 40/25)
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8 | | Sec. 25. Restriction of licensees.
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9 | | (a) Manufacturer. A person may not be licensed as a |
10 | | manufacturer of a
video gaming terminal in Illinois unless the |
11 | | person has a valid
manufacturer's license issued
under this |
12 | | Act. A manufacturer may only sell video gaming terminals for |
13 | | use
in Illinois to
persons having a valid distributor's |
14 | | license.
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15 | | (b) Distributor. A person may not sell, distribute, or |
16 | | lease
or market a video gaming terminal in Illinois unless the |
17 | | person has a valid
distributor's
license issued under this Act. |
18 | | A distributor may only sell video gaming
terminals for use in
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19 | | Illinois to persons having a valid distributor's or terminal |
20 | | operator's
license.
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21 | | (c) Terminal operator. A person may not own, maintain, or |
22 | | place a video gaming terminal unless he has a valid terminal |
23 | | operator's
license issued
under this Act. A terminal operator |
24 | | may only place video gaming terminals for
use in
Illinois in |
25 | | licensed establishments, licensed truck stop establishments, |
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1 | | licensed fraternal establishments,
and
licensed veterans |
2 | | establishments.
No terminal operator may give anything of |
3 | | value, including but not limited to
a loan or financing |
4 | | arrangement, to a licensed establishment, licensed truck stop |
5 | | establishment,
licensed fraternal establishment, or licensed |
6 | | veterans establishment as
any incentive or inducement to locate |
7 | | video terminals in that establishment.
Of the after-tax profits
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8 | | from a video gaming terminal, 50% shall be paid to the terminal
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9 | | operator and 50% shall be paid to the licensed establishment, |
10 | | licensed truck stop establishment,
licensed fraternal |
11 | | establishment, or
licensed veterans establishment, |
12 | | notwithstanding any agreement to the contrary.
A video terminal |
13 | | operator that violates one or more requirements of this |
14 | | subsection is guilty of a Class 4 felony and is subject to |
15 | | termination of his or her license by the Board.
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16 | | (d) Licensed technician. A person may not service, |
17 | | maintain, or repair a
video gaming terminal
in this State |
18 | | unless he or she (1) has a valid technician's license issued
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19 | | under this Act, (2) is a terminal operator, or (3) is employed |
20 | | by a terminal
operator, distributor, or manufacturer.
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21 | | (d-5) Licensed terminal handler. No person, including, but |
22 | | not limited to, an employee or independent contractor working |
23 | | for a manufacturer, distributor, supplier, technician, or |
24 | | terminal operator licensed pursuant to this Act, shall have |
25 | | possession or control of a video gaming terminal, or access to |
26 | | the inner workings of a video gaming terminal, unless that |
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1 | | person possesses a valid terminal handler's license issued |
2 | | under this Act. |
3 | | (e) Licensed establishment. No video gaming terminal may be |
4 | | placed in any licensed establishment, licensed veterans |
5 | | establishment, licensed truck stop establishment,
or licensed |
6 | | fraternal establishment
unless the owner
or agent of the owner |
7 | | of the licensed establishment, licensed veterans |
8 | | establishment, licensed truck stop establishment, or licensed
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9 | | fraternal establishment has entered into a
written use |
10 | | agreement with the terminal operator for placement of the
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11 | | terminals. A copy of the use agreement shall be on file in the |
12 | | terminal
operator's place of business and available for |
13 | | inspection by individuals
authorized by the Board. A licensed |
14 | | establishment, licensed truck stop establishment, licensed |
15 | | veterans establishment,
or
licensed
fraternal
establishment |
16 | | may operate up to 5 video gaming terminals on its premises at |
17 | | any
time.
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18 | | (f) (Blank).
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19 | | (g) Financial interest restrictions.
As used in this Act, |
20 | | "substantial interest" in a partnership, a corporation, an
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21 | | organization, an association, a business, or a limited |
22 | | liability company means:
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23 | | (A) When, with respect to a sole proprietorship, an |
24 | | individual or
his or her spouse owns, operates, manages, or |
25 | | conducts, directly
or indirectly, the organization, |
26 | | association, or business, or any part thereof;
or
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1 | | (B) When, with respect to a partnership, the individual |
2 | | or his or
her spouse shares in any of the profits, or |
3 | | potential profits,
of the partnership activities; or
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4 | | (C) When, with respect to a corporation, an individual |
5 | | or his or her
spouse is an officer or director, or the |
6 | | individual or his or her spouse is a holder, directly or |
7 | | beneficially, of 5% or more of any class
of stock of the |
8 | | corporation; or
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9 | | (D) When, with respect to an organization not covered |
10 | | in (A), (B) or
(C) above, an individual or his or her |
11 | | spouse is an officer or manages the
business affairs, or |
12 | | the individual or his or her spouse is the
owner of or |
13 | | otherwise controls 10% or more of the assets of the |
14 | | organization;
or
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15 | | (E) When an individual or his or her spouse furnishes
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16 | | 5% or more of the capital, whether in cash, goods, or |
17 | | services, for the
operation of any business, association, |
18 | | or organization during any calendar
year; or |
19 | | (F) When, with respect to a limited liability company, |
20 | | an individual or his or her
spouse is a member, or the |
21 | | individual or his or her spouse is a holder, directly or |
22 | | beneficially, of 5% or more of the membership interest of |
23 | | the limited liability company.
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24 | | For purposes of this subsection (g), "individual" includes |
25 | | all individuals or their spouses whose combined interest would |
26 | | qualify as a substantial interest under this subsection (g) and |
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1 | | whose activities with respect to an organization, association, |
2 | | or business are so closely aligned or coordinated as to |
3 | | constitute the activities of a single entity. |
4 | | (h) Location restriction. A licensed establishment, |
5 | | licensed truck stop establishment, licensed
fraternal
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6 | | establishment, or licensed veterans establishment that is (i) |
7 | | located within 1,000
feet of a facility operated by an |
8 | | organization licensee or an inter-track wagering licensee |
9 | | licensed under the Illinois Horse Racing Act of 1975 or the |
10 | | home dock of a riverboat licensed under the Riverboat
Gambling |
11 | | Act or (ii) located within 100 feet of a school or a place of |
12 | | worship under the Religious Corporation Act, is ineligible to |
13 | | operate a video gaming terminal. The location restrictions in |
14 | | this subsection (h) do not apply if a facility operated by an |
15 | | organization licensee, an inter-track wagering licensee, or an |
16 | | inter-track wagering location licensee, a school, or a place of |
17 | | worship moves to or is established within the restricted area |
18 | | after a licensed establishment, licensed truck stop |
19 | | establishment, licensed fraternal establishment, or licensed |
20 | | veterans establishment becomes licensed under this Act. For the |
21 | | purpose of this subsection, "school" means an elementary or |
22 | | secondary public school, or an elementary or secondary private |
23 | | school registered with or recognized by the State Board of |
24 | | Education. |
25 | | Notwithstanding the provisions of this subsection (h), the |
26 | | Board may waive the requirement that a licensed establishment, |
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1 | | licensed truck stop establishment, licensed fraternal |
2 | | establishment, or licensed veterans establishment not be |
3 | | located within 1,000 feet from a facility operated by an |
4 | | organization licensee , an inter-track wagering licensee, or an |
5 | | inter-track wagering location licensee licensed under the |
6 | | Illinois Horse Racing Act of 1975 or the home dock of a |
7 | | riverboat licensed under the Riverboat Gambling Act. The Board |
8 | | shall not grant such waiver if there is any common ownership or |
9 | | control, shared business activity, or contractual arrangement |
10 | | of any type between the establishment and the organization |
11 | | licensee , inter-track wagering licensee, inter-track wagering |
12 | | location licensee, or owners licensee of a riverboat. The Board |
13 | | shall adopt rules to implement the provisions of this |
14 | | paragraph. |
15 | | (i) Undue economic concentration. In addition to |
16 | | considering all other requirements under this Act, in deciding |
17 | | whether to approve the operation of video gaming terminals by a |
18 | | terminal operator in a location, the Board shall consider the |
19 | | impact of any economic concentration of such operation of video |
20 | | gaming terminals. The Board shall not allow a terminal operator |
21 | | to operate video gaming terminals if the Board determines such |
22 | | operation will result in undue economic concentration. For |
23 | | purposes of this Section, "undue economic concentration" means |
24 | | that a terminal operator would have such actual or potential |
25 | | influence over video gaming terminals in Illinois as to: |
26 | | (1) substantially impede or suppress competition among |
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1 | | terminal operators; |
2 | | (2) adversely impact the economic stability of the |
3 | | video gaming industry in Illinois; or |
4 | | (3) negatively impact the purposes of the Video Gaming |
5 | | Act. |
6 | | The Board shall adopt rules concerning undue economic |
7 | | concentration with respect to the operation of video gaming |
8 | | terminals in Illinois. The rules shall include, but not be |
9 | | limited to, (i) limitations on the number of video gaming |
10 | | terminals operated by any terminal operator within a defined |
11 | | geographic radius and (ii) guidelines on the discontinuation of |
12 | | operation of any such video gaming terminals the Board |
13 | | determines will cause undue economic concentration.
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14 | | (j) The provisions of the Illinois Antitrust Act are fully |
15 | | and equally applicable to the activities of any licensee under |
16 | | this Act.
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17 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, |
18 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; |
19 | | 96-1479, eff. 8-23-10; 97-333, eff. 8-12-11.)
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20 | | (230 ILCS 40/45)
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21 | | Sec. 45. Issuance of license.
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22 | | (a) The burden is upon each applicant to
demonstrate his |
23 | | suitability for licensure. Each video gaming terminal
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24 | | manufacturer, distributor, supplier, operator, handler, |
25 | | licensed establishment, licensed truck stop establishment, |
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1 | | licensed
fraternal
establishment, and licensed veterans |
2 | | establishment shall be
licensed by the Board.
The Board may |
3 | | issue or deny a license under this Act to any person pursuant |
4 | | to the same criteria set forth in Section 9 of the Riverboat |
5 | | Gambling Act.
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6 | | (a-5) The Board shall not grant a license to a person who |
7 | | has facilitated, enabled, or participated in the use of |
8 | | coin-operated devices for gambling purposes or who is under the |
9 | | significant influence or control of such a person. For the |
10 | | purposes of this Act, "facilitated, enabled, or participated in |
11 | | the use of coin-operated amusement devices for gambling |
12 | | purposes" means that the person has been convicted of any |
13 | | violation of Article 28 of the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012. If there is pending legal action against |
15 | | a person for any such violation, then the Board shall delay the |
16 | | licensure of that person until the legal action is resolved. |
17 | | (b) Each person seeking and possessing a license as a video |
18 | | gaming terminal manufacturer, distributor, supplier, operator, |
19 | | handler, licensed establishment, licensed truck stop |
20 | | establishment, licensed fraternal establishment, or licensed |
21 | | veterans establishment shall submit to a background |
22 | | investigation conducted by the Board with the assistance of the |
23 | | State Police or other law enforcement. The background |
24 | | investigation shall include each beneficiary of a trust, each |
25 | | partner of a partnership, and each director and officer and all |
26 | | stockholders of 5% or more in a parent or subsidiary |
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1 | | corporation of a video gaming terminal manufacturer, |
2 | | distributor, supplier, operator, or licensed establishment, |
3 | | licensed truck stop establishment, licensed fraternal |
4 | | establishment, or licensed veterans establishment. |
5 | | (c) Each person seeking and possessing a license as a video |
6 | | gaming terminal manufacturer, distributor, supplier, operator, |
7 | | handler, licensed establishment, licensed truck stop |
8 | | establishment, licensed fraternal establishment, or licensed |
9 | | veterans establishment shall disclose the identity of every |
10 | | person, association, trust, corporation, or limited liability |
11 | | company having a greater than 1% direct or indirect pecuniary |
12 | | interest in the video gaming terminal operation for which the |
13 | | license is sought. If the disclosed entity is a trust, the |
14 | | application shall disclose the names and addresses of the |
15 | | beneficiaries; if a corporation, the names and addresses of all |
16 | | stockholders and directors; if a limited liability company, the |
17 | | names and addresses of all members; or if a partnership, the |
18 | | names and addresses of all partners, both general and limited. |
19 | | (d) No person may be licensed as a video gaming terminal |
20 | | manufacturer, distributor, supplier, operator, handler, |
21 | | licensed establishment, licensed truck stop establishment, |
22 | | licensed fraternal establishment, or licensed veterans |
23 | | establishment if that person has been found by the Board to: |
24 | | (1) have a background, including a criminal record, |
25 | | reputation, habits, social or business associations, or |
26 | | prior activities that pose a threat to the public interests |
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1 | | of the State or to the security and integrity of video |
2 | | gaming; |
3 | | (2) create or enhance the dangers of unsuitable, |
4 | | unfair, or illegal practices, methods, and activities in |
5 | | the conduct of video gaming; or |
6 | | (3) present questionable business practices and |
7 | | financial arrangements incidental to the conduct of video |
8 | | gaming activities. |
9 | | (e) Any applicant for any license under this Act has the |
10 | | burden of proving his or her qualifications to the satisfaction |
11 | | of the Board. The Board may adopt rules to establish additional |
12 | | qualifications and requirements to preserve the integrity and |
13 | | security of video gaming in this State. |
14 | | (f) A non-refundable application fee shall be paid at the |
15 | | time an
application for a license is filed with the Board in |
16 | | the following amounts:
|
17 | | (1) Manufacturer ..........................$5,000
|
18 | | (2) Distributor ...........................$5,000
|
19 | | (3) Terminal operator .....................$5,000
|
20 | | (4) Supplier ..............................$2,500
|
21 | | (5) Technician ..............................$100
|
22 | | (6) Terminal Handler ..............................$50 |
23 | | (g) The Board shall establish an
annual fee for each |
24 | | license not to exceed the following: |
25 | | (1) Manufacturer .........................$10,000
|
26 | | (2) Distributor ..........................$10,000
|
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1 | | (3) Terminal operator .....................$5,000
|
2 | | (4) Supplier ..............................$2,000
|
3 | | (5) Technician ..............................$100
|
4 | | (6) Licensed establishment, licensed truck stop
|
5 | | establishment, licensed fraternal establishment,
|
6 | | or licensed veterans establishment ..............$100
|
7 | | (7) Video gaming terminal ...................$100
|
8 | | (8) Terminal Handler ..............................$50
|
9 | | (h) A terminal operator and a licensed establishment, |
10 | | licensed truck stop establishment, licensed fraternal |
11 | | establishment,
or licensed veterans establishment shall |
12 | | equally split the fees specified in item (7) of subsection (g). |
13 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, |
14 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; |
15 | | 97-1150, eff. 1-25-13.)
|
16 | | (230 ILCS 40/78)
|
17 | | Sec. 78. Authority of the Illinois Gaming Board. |
18 | | (a) The Board shall have jurisdiction over and shall |
19 | | supervise all gaming operations governed by this Act. The Board |
20 | | shall have all powers necessary and proper to fully and |
21 | | effectively execute the provisions of this Act, including, but |
22 | | not limited to, the following: |
23 | | (1) To investigate applicants and determine the |
24 | | eligibility of applicants for licenses and to select among |
25 | | competing applicants the applicants which best serve the |
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1 | | interests of the citizens of Illinois. |
2 | | (2) To have jurisdiction and supervision over all video |
3 | | gaming operations in this State and all persons in |
4 | | establishments where video gaming operations are |
5 | | conducted. |
6 | | (3) To adopt rules for the purpose of administering the |
7 | | provisions of this Act and to prescribe rules, regulations, |
8 | | and conditions under which all video gaming in the State |
9 | | shall be conducted. Such rules and regulations are to |
10 | | provide for the prevention of practices detrimental to the |
11 | | public interest and for the best interests of video gaming, |
12 | | including rules and regulations regarding the inspection |
13 | | of such establishments and the review of any permits or |
14 | | licenses necessary to operate an establishment under any |
15 | | laws or regulations applicable to establishments and to |
16 | | impose penalties for violations of this Act and its rules.
|
17 | | (b) The Board shall adopt emergency rules to administer |
18 | | this Act in accordance with Section 5-45 of the Illinois |
19 | | Administrative Procedure Act. For the purposes of the Illinois |
20 | | Administrative Procedure Act, the General Assembly finds that |
21 | | the adoption of rules to implement this Act is deemed an |
22 | | emergency and necessary to the public interest, safety, and |
23 | | welfare.
|
24 | | (c) The Board may not disseminate information relating to |
25 | | video gaming that is specific to individual licensed locations, |
26 | | but may disseminate information that is aggregated based on |
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1 | | municipality or county. |
2 | | (Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.) |
3 | | Section 15. The Criminal Code of 2012 is amended by |
4 | | changing Sections 28-2, 28-5, and 28-8 as follows:
|
5 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
|
6 | | Sec. 28-2. Definitions.
|
7 | | (a) A "gambling device" is any clock, tape machine, slot |
8 | | machine or
other machines or device for the reception of money |
9 | | or other thing of value
on chance or skill or upon the action |
10 | | of which money or other thing of
value is staked, hazarded, |
11 | | bet, won or lost; or any mechanism, furniture,
fixture, |
12 | | equipment or other device designed primarily for use in a |
13 | | gambling
place. A "gambling device" does not include:
|
14 | | (1) A coin-in-the-slot operated mechanical device |
15 | | played for amusement
which rewards the player with the |
16 | | right to replay such mechanical device,
which device is so |
17 | | constructed or devised as to make such result of the
|
18 | | operation thereof depend in part upon the skill of the |
19 | | player and which
returns to the player thereof no money, |
20 | | property or right to receive money
or property.
|
21 | | (2) Vending machines by which full and adequate return |
22 | | is made for the
money invested and in which there is no |
23 | | element of chance or hazard.
|
24 | | (3) A crane game. For the purposes of this paragraph |
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1 | | (3), a "crane
game" is an amusement device involving skill, |
2 | | if it rewards the player
exclusively with merchandise |
3 | | contained within the amusement device proper
and limited to |
4 | | toys, novelties and prizes other than currency, each having
|
5 | | a wholesale value which is not more than $25.
|
6 | | (4) A redemption machine. For the purposes of this |
7 | | paragraph (4), a
"redemption machine" is a single-player or |
8 | | multi-player amusement device
involving a game, the object |
9 | | of which is throwing, rolling, bowling,
shooting, placing, |
10 | | or propelling a ball or other object that is either |
11 | | physical or computer generated on a display or with lights |
12 | | into, upon, or
against a hole or other target that is |
13 | | either physical or computer generated on a display or with |
14 | | lights, or stopping, by physical, mechanical, or |
15 | | electronic means, a moving object that is either physical |
16 | | or computer generated on a display or with lights into, |
17 | | upon, or
against a hole or other target that is either |
18 | | physical or computer generated on a display or with lights, |
19 | | provided that all of the following
conditions are met:
|
20 | | (A) The outcome of the game is predominantly |
21 | | determined by the
skill of the player.
|
22 | | (B) The award of the prize is based solely upon the |
23 | | player's
achieving the object of the game or otherwise |
24 | | upon the player's score.
|
25 | | (C) Only merchandise prizes are awarded.
|
26 | | (D) The wholesale value of prizes awarded in lieu |
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1 | | of tickets
or tokens for single play of the device does |
2 | | not exceed $25.
|
3 | | (E) The redemption value of tickets, tokens, and |
4 | | other representations
of value, which may be |
5 | | accumulated by players to redeem prizes of greater
|
6 | | value, for a single play of the device does not exceed |
7 | | $25.
|
8 | | (5) Video gaming terminals at a licensed |
9 | | establishment, licensed truck stop establishment,
licensed
|
10 | | fraternal establishment, or licensed veterans |
11 | | establishment licensed in accordance with the Video Gaming |
12 | | Act. |
13 | | (a-5) "Internet" means an interactive computer service or |
14 | | system or an
information service, system, or access software |
15 | | provider that provides or
enables computer access by multiple |
16 | | users to a computer server, and includes,
but is not limited |
17 | | to, an information service, system, or access software
provider |
18 | | that provides access to a network system commonly known as the
|
19 | | Internet, or any comparable system or service and also |
20 | | includes, but is not
limited to, a World Wide Web page, |
21 | | newsgroup, message board, mailing list, or
chat area on any |
22 | | interactive computer service or system or other online
service.
|
23 | | (a-6) "Access" and "computer" have the meanings ascribed to |
24 | | them in
Section
16D-2 of this Code.
|
25 | | (b) A "lottery" is any scheme or procedure whereby one or |
26 | | more prizes
are distributed by chance among persons who have |
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1 | | paid or promised
consideration for a chance to win such prizes, |
2 | | whether such scheme or
procedure is called a lottery, raffle, |
3 | | gift, sale or some other name.
|
4 | | (c) A "policy game" is any scheme or procedure whereby a |
5 | | person promises
or guarantees by any instrument, bill, |
6 | | certificate, writing, token or other
device that any particular |
7 | | number, character, ticket or certificate shall
in the event of |
8 | | any contingency in the nature of a lottery entitle the
|
9 | | purchaser or holder to receive money, property or evidence of |
10 | | debt.
|
11 | | (Source: P.A. 97-1126, eff. 1-1-13.)
|
12 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
|
13 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
|
14 | | (a) Every device designed for gambling which is incapable |
15 | | of lawful use
or every device used unlawfully for gambling |
16 | | shall be considered a
"gambling device", and shall be subject |
17 | | to seizure, confiscation and
destruction by the Department of |
18 | | State Police or by any municipal, or other
local authority, |
19 | | within whose jurisdiction the same may be found. As used
in |
20 | | this Section, a "gambling device" includes any slot machine, |
21 | | and
includes any machine or device constructed for the |
22 | | reception of money or
other thing of value and so constructed |
23 | | as to return, or to cause someone
to return, on chance to the |
24 | | player thereof money, property or a right to
receive money or |
25 | | property. With the exception of any device designed for
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1 | | gambling which is incapable of lawful use, no gambling device |
2 | | shall be
forfeited or destroyed unless an individual with a |
3 | | property interest in
said device knows of the unlawful use of |
4 | | the device.
|
5 | | (b) Every gambling device shall be seized and forfeited to |
6 | | the county
wherein such seizure occurs. Any money or other |
7 | | thing of value integrally
related to acts of gambling shall be |
8 | | seized and forfeited to the county
wherein such seizure occurs.
|
9 | | (c) If, within 60 days after any seizure pursuant to |
10 | | subparagraph
(b) of this Section, a person having any property |
11 | | interest in the seized
property is charged with an offense, the |
12 | | court which renders judgment
upon such charge shall, within 30 |
13 | | days after such judgment, conduct a
forfeiture hearing to |
14 | | determine whether such property was a gambling device
at the |
15 | | time of seizure. Such hearing shall be commenced by a written
|
16 | | petition by the State, including material allegations of fact, |
17 | | the name
and address of every person determined by the State to |
18 | | have any property
interest in the seized property, a |
19 | | representation that written notice of
the date, time and place |
20 | | of such hearing has been mailed to every such
person by |
21 | | certified mail at least 10 days before such date, and a
request |
22 | | for forfeiture. Every such person may appear as a party and
|
23 | | present evidence at such hearing. The quantum of proof required |
24 | | shall
be a preponderance of the evidence, and the burden of |
25 | | proof shall be on
the State. If the court determines that the |
26 | | seized property was
a gambling device at the time of seizure, |
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1 | | an order of forfeiture and
disposition of the seized property |
2 | | shall be entered: a gambling device
shall be received by the |
3 | | State's Attorney, who shall effect its
destruction, except that |
4 | | valuable parts thereof may be liquidated and
the resultant |
5 | | money shall be deposited in the general fund of the county
|
6 | | wherein such seizure occurred; money and other things of value |
7 | | shall be
received by the State's Attorney and, upon |
8 | | liquidation, shall be
deposited in the general fund of the |
9 | | county wherein such seizure
occurred. However, in the event |
10 | | that a defendant raises the defense
that the seized slot |
11 | | machine is an antique slot machine described in
subparagraph |
12 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
13 | | from the charge of a gambling activity participant, the seized
|
14 | | antique slot machine shall not be destroyed or otherwise |
15 | | altered until a
final determination is made by the Court as to |
16 | | whether it is such an
antique slot machine. Upon a final |
17 | | determination by the Court of this
question in favor of the |
18 | | defendant, such slot machine shall be
immediately returned to |
19 | | the defendant. Such order of forfeiture and
disposition shall, |
20 | | for the purposes of appeal, be a final order and
judgment in a |
21 | | civil proceeding.
|
22 | | (d) If a seizure pursuant to subparagraph (b) of this |
23 | | Section is not
followed by a charge pursuant to subparagraph |
24 | | (c) of this Section, or if
the prosecution of such charge is |
25 | | permanently terminated or indefinitely
discontinued without |
26 | | any judgment of conviction or acquittal (1) the
State's |
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1 | | Attorney shall commence an in rem proceeding for the forfeiture
|
2 | | and destruction of a gambling device, or for the forfeiture and |
3 | | deposit
in the general fund of the county of any seized money |
4 | | or other things of
value, or both, in the circuit court and (2) |
5 | | any person having any
property interest in such seized gambling |
6 | | device, money or other thing
of value may commence separate |
7 | | civil proceedings in the manner provided
by law.
|
8 | | (e) Any gambling device displayed for sale to a riverboat |
9 | | gambling
operation or used to train occupational licensees of a |
10 | | riverboat gambling
operation as authorized under the Riverboat |
11 | | Gambling Act is exempt from
seizure under this Section.
|
12 | | (f) Any gambling equipment, devices and supplies provided |
13 | | by a licensed
supplier in accordance with the Riverboat |
14 | | Gambling Act which are removed
from the riverboat for repair |
15 | | are exempt from seizure under this Section.
|
16 | | (g) The following video gaming terminals are exempt from |
17 | | seizure under this Section: |
18 | | (1) Video gaming terminals for sale to a licensed |
19 | | establishment, licensed truck stop establishment,
licensed
|
20 | | fraternal establishment, or licensed veterans |
21 | | establishment under the Video Gaming Act. |
22 | | (2) Video gaming terminals used to train licensed |
23 | | technicians or licensed terminal handlers. |
24 | | (3) Video gaming terminals that are removed from a |
25 | | licensed establishment, licensed truck stop establishment,
|
26 | | licensed
fraternal establishment, or licensed veterans |
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1 | | establishment for repair. |
2 | | (Source: P.A. 87-826.)
|
3 | | (720 ILCS 5/28-8) (from Ch. 38, par. 28-8)
|
4 | | Sec. 28-8. Gambling
losses recoverable.
|
5 | | (a) Any person who by gambling shall lose to any other |
6 | | person, any sum
of money or thing of value, amounting to the |
7 | | sum of $50 or more and shall
pay or deliver the same or any part |
8 | | thereof, may sue for and recover the
money or other thing of |
9 | | value, so lost and paid or delivered, in a civil
action against |
10 | | the winner thereof, with costs, in
the circuit court. No person |
11 | | who accepts from another person for transmission,
and |
12 | | transmits, either in his own name or in the name of such other |
13 | | person,
any order for any transaction to be made upon, or who |
14 | | executes any order
given to him by another person, or who |
15 | | executes any transaction for his own
account on, any regular |
16 | | board of trade or commercial, commodity or stock
exchange, |
17 | | shall, under any circumstances, be deemed a "winner" of any
|
18 | | moneys lost by such other person in or through any such |
19 | | transactions.
|
20 | | (b) If within 6 months, such person who under the terms of |
21 | | Subsection
28-8(a) is entitled to initiate action to recover |
22 | | his losses does not in
fact pursue his remedy, any person may |
23 | | initiate a civil action against the
winner. The court or the |
24 | | jury, as the case may be, shall determine the
amount of the |
25 | | loss. After such determination, the court shall enter a
|