Illinois General Assembly - Full Text of SB1738
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Full Text of SB1738  98th General Assembly




SB1738 EnrolledLRB098 10569 AMC 40817 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 Video Gaming Act is amended by changing
5Sections 5, 15, 25, 45, and 78 as follows:
6    (230 ILCS 40/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Board" means the Illinois Gaming Board.
9    "Credit" means one, 5, 10, or 25 cents either won or
10purchased by a player.
11    "Distributor" means an individual, partnership,
12corporation, or limited liability company licensed under this
13Act to buy, sell, lease, or distribute video gaming terminals
14or major components or parts of video gaming terminals to or
15from terminal operators.
16    "Electronic card" means a card purchased from a licensed
17establishment, licensed fraternal establishment, licensed
18veterans establishment, or licensed truck stop establishment
19for use in that establishment as a substitute for cash in the
20conduct of gaming on a video gaming terminal.
21    "Terminal operator" means an individual, partnership,
22corporation, or limited liability company that is licensed
23under this Act and that owns, services, and maintains video



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1gaming terminals for placement in licensed establishments,
2licensed truck stop establishments, licensed fraternal
3establishments, or licensed veterans establishments.
4    "Licensed technician" means an individual who is licensed
5under this Act to repair, service, and maintain video gaming
7    "Licensed terminal handler" means a person, including but
8not limited to an employee or independent contractor working
9for a manufacturer, distributor, supplier, technician, or
10terminal operator, who is licensed under this Act to possess or
11control a video gaming terminal or to have access to the inner
12workings of a video gaming terminal. A licensed terminal
13handler does not include an individual, partnership,
14corporation, or limited liability company defined as a
15manufacturer, distributor, supplier, technician, or terminal
16operator under this Act.
17    "Manufacturer" means an individual, partnership,
18corporation, or limited liability company that is licensed
19under this Act and that manufactures or assembles video gaming
21    "Supplier" means an individual, partnership, corporation,
22or limited liability company that is licensed under this Act to
23supply major components or parts to video gaming terminals to
24licensed terminal operators.
25    "Net terminal income" means money put into a video gaming
26terminal minus credits paid out to players.



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1    "Video gaming terminal" means any electronic video game
2machine that, upon insertion of cash, electronic cards or
3vouchers or any combination thereof, is available to play or
4simulate the play of a video game, including but not limited to
5video poker, line up, and blackjack, as authorized by the Board
6utilizing a video display and microprocessors in which the
7player may receive free games or credits that can be redeemed
8for cash. The term does not include a machine that directly
9dispenses coins, cash, or tokens or is for amusement purposes
11    "Licensed establishment" means any licensed retail
12establishment where alcoholic liquor is drawn, poured, mixed,
13or otherwise served for consumption on the premises and
14includes any such establishment that has a contractual
15relationship with an inter-track wagering location licensee
16licensed under the Illinois Horse Racing Act of 1975, provided
17any contractual relationship shall not include any transfer or
18offer of revenue from the operation of video gaming under this
19Act to any licensee licensed under the Illinois Horse Racing
20Act of 1975. Provided, however, that the licensed establishment
21that has such a contractual relationship with an inter-track
22wagering location licensee may not, itself, be (i) an
23inter-track wagering location licensee, (ii) the corporate
24parent or subsidiary of any licensee licensed under the
25Illinois Horse Racing Act of 1975, or (iii) the corporate
26subsidiary of a corporation that is also the corporate parent



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1or subsidiary of any licensee licensed under the Illinois Horse
2Racing Act of 1975. "Licensed establishment" does not include a
3facility operated by an organization licensee, an inter-track
4wagering licensee, or an inter-track wagering location
5licensee licensed under the Illinois Horse Racing Act of 1975
6or a riverboat licensed under the Riverboat Gambling Act,
7except as provided in this paragraph.
8    "Licensed fraternal establishment" means the location
9where a qualified fraternal organization that derives its
10charter from a national fraternal organization regularly
12    "Licensed veterans establishment" means the location where
13a qualified veterans organization that derives its charter from
14a national veterans organization regularly meets.
15    "Licensed truck stop establishment" means a facility (i)
16that is at least a 3-acre facility with a convenience store,
17(ii) with separate diesel islands for fueling commercial motor
18vehicles, (iii) that sells at retail more than 10,000 gallons
19of diesel or biodiesel fuel per month, and (iv) with parking
20spaces for commercial motor vehicles. "Commercial motor
21vehicles" has the same meaning as defined in Section 18b-101 of
22the Illinois Vehicle Code. The requirement of item (iii) of
23this paragraph may be met by showing that estimated future
24sales or past sales average at least 10,000 gallons per month.
25(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
2696-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff.



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2    (230 ILCS 40/15)
3    Sec. 15. Minimum requirements for licensing and
4registration. Every video gaming terminal offered for play
5shall first be tested and approved pursuant to the rules of the
6Board, and each video gaming terminal offered in this State for
7play shall conform to an approved model. The Board may utilize
8the services of an independent outside testing laboratory for
9the examination of video gaming machines and associated
10equipment as required by this Section. Every video gaming
11terminal offered in this State for play must meet minimum
12standards set by an independent outside testing laboratory
13approved by the Board. Each approved model shall, at a minimum,
14meet the following criteria:
15        (1) It must conform to all requirements of federal law
16    and regulations, including FCC Class A Emissions
17    Standards.
18        (2) It must theoretically pay out a mathematically
19    demonstrable percentage during the expected lifetime of
20    the machine of all amounts played, which must not be less
21    than 80%. The Board shall establish a maximum payout
22    percentage for approved models by rule. Video gaming
23    terminals that may be affected by skill must meet this
24    standard when using a method of play that will provide the
25    greatest return to the player over a period of continuous



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1    play.
2        (3) It must use a random selection process to determine
3    the outcome of each play of a game. The random selection
4    process must meet 99% confidence limits using a standard
5    chi-squared test for (randomness) goodness of fit.
6        (4) It must display an accurate representation of the
7    game outcome.
8        (5) It must not automatically alter pay tables or any
9    function of the video gaming terminal based on internal
10    computation of hold percentage or have any means of
11    manipulation that affects the random selection process or
12    probabilities of winning a game.
13        (6) It must not be adversely affected by static
14    discharge or other electromagnetic interference.
15        (7) It must be capable of detecting and displaying the
16    following conditions during idle states or on demand: power
17    reset; door open; and door just closed.
18        (8) It must have the capacity to display complete play
19    history (outcome, intermediate play steps, credits
20    available, bets placed, credits paid, and credits cashed
21    out) for the most recent game played and 10 games prior
22    thereto.
23        (9) The theoretical payback percentage of a video
24    gaming terminal must not be capable of being changed
25    without making a hardware or software change in the video
26    gaming terminal, either on site or via the central



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1    communications system.
2        (10) Video gaming terminals must be designed so that
3    replacement of parts or modules required for normal
4    maintenance does not necessitate replacement of the
5    electromechanical meters.
6        (11) It must have nonresettable meters housed in a
7    locked area of the terminal that keep a permanent record of
8    all cash inserted into the machine, all winnings made by
9    the terminal printer, credits played in for video gaming
10    terminals, and credits won by video gaming players. The
11    video gaming terminal must provide the means for on-demand
12    display of stored information as determined by the Board.
13        (12) Electronically stored meter information required
14    by this Section must be preserved for a minimum of 180 days
15    after a power loss to the service.
16        (13) It must have one or more mechanisms that accept
17    cash in the form of bills. The mechanisms shall be designed
18    to prevent obtaining credits without paying by stringing,
19    slamming, drilling, or other means. If such attempts at
20    physical tampering are made, the video gaming terminal
21    shall suspend itself from operating until reset.
22        (14) It shall have accounting software that keeps an
23    electronic record which includes, but is not limited to,
24    the following: total cash inserted into the video gaming
25    terminal; the value of winning tickets claimed by players;
26    the total credits played; the total credits awarded by a



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1    video gaming terminal; and pay back percentage credited to
2    players of each video game.
3        (15) It shall be linked by a central communications
4    system to provide auditing program information as approved
5    by the Board. The central communications system shall use a
6    standard industry protocol, as defined by the Gaming
7    Standards Association, and shall have the functionality to
8    enable the Board or its designee to activate or deactivate
9    individual gaming devices from the central communications
10    system. In no event may the communications system approved
11    by the Board limit participation to only one manufacturer
12    of video gaming terminals by either the cost in
13    implementing the necessary program modifications to
14    communicate or the inability to communicate with the
15    central communications system.
16        (16) The Board, in its discretion, may require video
17    gaming terminals to display Amber Alert messages if the
18    Board makes a finding that it would be economically and
19    technically feasible and pose no risk to the integrity and
20    security of the central communications system and video
21    gaming terminals.
22    The Board may adopt rules to establish additional criteria
23to preserve the integrity and security of video gaming in this
24State. The central communications system vendor may be licensed
25as a video gaming terminal manufacturer or a video gaming
26terminal distributor, or both, but in no event shall the



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1central communications system vendor be licensed as a video
2gaming terminal operator. The central communications system
3vendor may not hold any license issued by the Board under this
5    The Board shall not permit the development of information
6or the use by any licensee of gaming device or individual game
7performance data. Nothing in this Act shall inhibit or prohibit
8the Board from the use of gaming device or individual game
9performance data in its regulatory duties. The Board shall
10adopt rules to ensure that all licensees are treated and all
11licensees act in a non-discriminatory manner and develop
12processes and penalties to enforce those rules.
13(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
1496-1410, eff. 7-30-10.)
15    (230 ILCS 40/25)
16    Sec. 25. Restriction of licensees.
17    (a) Manufacturer. A person may not be licensed as a
18manufacturer of a video gaming terminal in Illinois unless the
19person has a valid manufacturer's license issued under this
20Act. A manufacturer may only sell video gaming terminals for
21use in Illinois to persons having a valid distributor's
23    (b) Distributor. A person may not sell, distribute, or
24lease or market a video gaming terminal in Illinois unless the
25person has a valid distributor's license issued under this Act.



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1A distributor may only sell video gaming terminals for use in
2Illinois to persons having a valid distributor's or terminal
3operator's license.
4    (c) Terminal operator. A person may not own, maintain, or
5place a video gaming terminal unless he has a valid terminal
6operator's license issued under this Act. A terminal operator
7may only place video gaming terminals for use in Illinois in
8licensed establishments, licensed truck stop establishments,
9licensed fraternal establishments, and licensed veterans
10establishments. No terminal operator may give anything of
11value, including but not limited to a loan or financing
12arrangement, to a licensed establishment, licensed truck stop
13establishment, licensed fraternal establishment, or licensed
14veterans establishment as any incentive or inducement to locate
15video terminals in that establishment. Of the after-tax profits
16from a video gaming terminal, 50% shall be paid to the terminal
17operator and 50% shall be paid to the licensed establishment,
18licensed truck stop establishment, licensed fraternal
19establishment, or licensed veterans establishment,
20notwithstanding any agreement to the contrary. A video terminal
21operator that violates one or more requirements of this
22subsection is guilty of a Class 4 felony and is subject to
23termination of his or her license by the Board.
24    (d) Licensed technician. A person may not service,
25maintain, or repair a video gaming terminal in this State
26unless he or she (1) has a valid technician's license issued



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1under this Act, (2) is a terminal operator, or (3) is employed
2by a terminal operator, distributor, or manufacturer.
3    (d-5) Licensed terminal handler. No person, including, but
4not limited to, an employee or independent contractor working
5for a manufacturer, distributor, supplier, technician, or
6terminal operator licensed pursuant to this Act, shall have
7possession or control of a video gaming terminal, or access to
8the inner workings of a video gaming terminal, unless that
9person possesses a valid terminal handler's license issued
10under this Act.
11    (e) Licensed establishment. No video gaming terminal may be
12placed in any licensed establishment, licensed veterans
13establishment, licensed truck stop establishment, or licensed
14fraternal establishment unless the owner or agent of the owner
15of the licensed establishment, licensed veterans
16establishment, licensed truck stop establishment, or licensed
17fraternal establishment has entered into a written use
18agreement with the terminal operator for placement of the
19terminals. A copy of the use agreement shall be on file in the
20terminal operator's place of business and available for
21inspection by individuals authorized by the Board. A licensed
22establishment, licensed truck stop establishment, licensed
23veterans establishment, or licensed fraternal establishment
24may operate up to 5 video gaming terminals on its premises at
25any time.
26    (f) (Blank).



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1    (g) Financial interest restrictions. As used in this Act,
2"substantial interest" in a partnership, a corporation, an
3organization, an association, a business, or a limited
4liability company means:
5        (A) When, with respect to a sole proprietorship, an
6    individual or his or her spouse owns, operates, manages, or
7    conducts, directly or indirectly, the organization,
8    association, or business, or any part thereof; or
9        (B) When, with respect to a partnership, the individual
10    or his or her spouse shares in any of the profits, or
11    potential profits, of the partnership activities; or
12        (C) When, with respect to a corporation, an individual
13    or his or her spouse is an officer or director, or the
14    individual or his or her spouse is a holder, directly or
15    beneficially, of 5% or more of any class of stock of the
16    corporation; or
17        (D) When, with respect to an organization not covered
18    in (A), (B) or (C) above, an individual or his or her
19    spouse is an officer or manages the business affairs, or
20    the individual or his or her spouse is the owner of or
21    otherwise controls 10% or more of the assets of the
22    organization; or
23        (E) When an individual or his or her spouse furnishes
24    5% or more of the capital, whether in cash, goods, or
25    services, for the operation of any business, association,
26    or organization during any calendar year; or



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1        (F) When, with respect to a limited liability company,
2    an individual or his or her spouse is a member, or the
3    individual or his or her spouse is a holder, directly or
4    beneficially, of 5% or more of the membership interest of
5    the limited liability company.
6    For purposes of this subsection (g), "individual" includes
7all individuals or their spouses whose combined interest would
8qualify as a substantial interest under this subsection (g) and
9whose activities with respect to an organization, association,
10or business are so closely aligned or coordinated as to
11constitute the activities of a single entity.
12    (h) Location restriction. A licensed establishment,
13licensed truck stop establishment, licensed fraternal
14establishment, or licensed veterans establishment that is (i)
15located within 1,000 feet of a facility operated by an
16organization licensee or an inter-track wagering licensee
17licensed under the Illinois Horse Racing Act of 1975 or the
18home dock of a riverboat licensed under the Riverboat Gambling
19Act or (ii) located within 100 feet of a school or a place of
20worship under the Religious Corporation Act, is ineligible to
21operate a video gaming terminal. The location restrictions in
22this subsection (h) do not apply if a facility operated by an
23organization licensee, an inter-track wagering licensee, or an
24inter-track wagering location licensee, a school, or a place of
25worship moves to or is established within the restricted area
26after a licensed establishment, licensed truck stop



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1establishment, licensed fraternal establishment, or licensed
2veterans establishment becomes licensed under this Act. For the
3purpose of this subsection, "school" means an elementary or
4secondary public school, or an elementary or secondary private
5school registered with or recognized by the State Board of
7    Notwithstanding the provisions of this subsection (h), the
8Board may waive the requirement that a licensed establishment,
9licensed truck stop establishment, licensed fraternal
10establishment, or licensed veterans establishment not be
11located within 1,000 feet from a facility operated by an
12organization licensee, an inter-track wagering licensee, or an
13inter-track wagering location licensee licensed under the
14Illinois Horse Racing Act of 1975 or the home dock of a
15riverboat licensed under the Riverboat Gambling Act. The Board
16shall not grant such waiver if there is any common ownership or
17control, shared business activity, or contractual arrangement
18of any type between the establishment and the organization
19licensee, inter-track wagering licensee, inter-track wagering
20location licensee, or owners licensee of a riverboat. The Board
21shall adopt rules to implement the provisions of this
23    (i) Undue economic concentration. In addition to
24considering all other requirements under this Act, in deciding
25whether to approve the operation of video gaming terminals by a
26terminal operator in a location, the Board shall consider the



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1impact of any economic concentration of such operation of video
2gaming terminals. The Board shall not allow a terminal operator
3to operate video gaming terminals if the Board determines such
4operation will result in undue economic concentration. For
5purposes of this Section, "undue economic concentration" means
6that a terminal operator would have such actual or potential
7influence over video gaming terminals in Illinois as to:
8        (1) substantially impede or suppress competition among
9    terminal operators;
10        (2) adversely impact the economic stability of the
11    video gaming industry in Illinois; or
12        (3) negatively impact the purposes of the Video Gaming
13    Act.
14    The Board shall adopt rules concerning undue economic
15concentration with respect to the operation of video gaming
16terminals in Illinois. The rules shall include, but not be
17limited to, (i) limitations on the number of video gaming
18terminals operated by any terminal operator within a defined
19geographic radius and (ii) guidelines on the discontinuation of
20operation of any such video gaming terminals the Board
21determines will cause undue economic concentration.
22    (j) The provisions of the Illinois Antitrust Act are fully
23and equally applicable to the activities of any licensee under
24this Act.
25(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
26eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10;



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196-1479, eff. 8-23-10; 97-333, eff. 8-12-11.)
2    (230 ILCS 40/45)
3    Sec. 45. Issuance of license.
4    (a) The burden is upon each applicant to demonstrate his
5suitability for licensure. Each video gaming terminal
6manufacturer, distributor, supplier, operator, handler,
7licensed establishment, licensed truck stop establishment,
8licensed fraternal establishment, and licensed veterans
9establishment shall be licensed by the Board. The Board may
10issue or deny a license under this Act to any person pursuant
11to the same criteria set forth in Section 9 of the Riverboat
12Gambling Act.
13    (a-5) The Board shall not grant a license to a person who
14has facilitated, enabled, or participated in the use of
15coin-operated devices for gambling purposes or who is under the
16significant influence or control of such a person. For the
17purposes of this Act, "facilitated, enabled, or participated in
18the use of coin-operated amusement devices for gambling
19purposes" means that the person has been convicted of any
20violation of Article 28 of the Criminal Code of 1961 or the
21Criminal Code of 2012. If there is pending legal action against
22a person for any such violation, then the Board shall delay the
23licensure of that person until the legal action is resolved.
24    (b) Each person seeking and possessing a license as a video
25gaming terminal manufacturer, distributor, supplier, operator,



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1handler, licensed establishment, licensed truck stop
2establishment, licensed fraternal establishment, or licensed
3veterans establishment shall submit to a background
4investigation conducted by the Board with the assistance of the
5State Police or other law enforcement. The background
6investigation shall include each beneficiary of a trust, each
7partner of a partnership, and each director and officer and all
8stockholders of 5% or more in a parent or subsidiary
9corporation of a video gaming terminal manufacturer,
10distributor, supplier, operator, or licensed establishment,
11licensed truck stop establishment, licensed fraternal
12establishment, or licensed veterans establishment.
13    (c) Each person seeking and possessing a license as a video
14gaming terminal manufacturer, distributor, supplier, operator,
15handler, licensed establishment, licensed truck stop
16establishment, licensed fraternal establishment, or licensed
17veterans establishment shall disclose the identity of every
18person, association, trust, corporation, or limited liability
19company having a greater than 1% direct or indirect pecuniary
20interest in the video gaming terminal operation for which the
21license is sought. If the disclosed entity is a trust, the
22application shall disclose the names and addresses of the
23beneficiaries; if a corporation, the names and addresses of all
24stockholders and directors; if a limited liability company, the
25names and addresses of all members; or if a partnership, the
26names and addresses of all partners, both general and limited.



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1    (d) No person may be licensed as a video gaming terminal
2manufacturer, distributor, supplier, operator, handler,
3licensed establishment, licensed truck stop establishment,
4licensed fraternal establishment, or licensed veterans
5establishment if that person has been found by the Board to:
6        (1) have a background, including a criminal record,
7    reputation, habits, social or business associations, or
8    prior activities that pose a threat to the public interests
9    of the State or to the security and integrity of video
10    gaming;
11        (2) create or enhance the dangers of unsuitable,
12    unfair, or illegal practices, methods, and activities in
13    the conduct of video gaming; or
14        (3) present questionable business practices and
15    financial arrangements incidental to the conduct of video
16    gaming activities.
17    (e) Any applicant for any license under this Act has the
18burden of proving his or her qualifications to the satisfaction
19of the Board. The Board may adopt rules to establish additional
20qualifications and requirements to preserve the integrity and
21security of video gaming in this State.
22    (f) A non-refundable application fee shall be paid at the
23time an application for a license is filed with the Board in
24the following amounts:
25        (1) Manufacturer..........................$5,000
26        (2) Distributor...........................$5,000



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1        (3) Terminal operator.....................$5,000
2        (4) Supplier..............................$2,500
3        (5) Technician..............................$100
4        (6) Terminal Handler..............................$50
5    (g) The Board shall establish an annual fee for each
6license not to exceed the following:
7        (1) Manufacturer.........................$10,000
8        (2) Distributor..........................$10,000
9        (3) Terminal operator.....................$5,000
10        (4) Supplier..............................$2,000
11        (5) Technician..............................$100
12        (6) Licensed establishment, licensed truck stop
13    establishment, licensed fraternal establishment,
14    or licensed veterans establishment..............$100
15        (7) Video gaming terminal...................$100
16        (8) Terminal Handler..............................$50
17    (h) A terminal operator and a licensed establishment,
18licensed truck stop establishment, licensed fraternal
19establishment, or licensed veterans establishment shall
20equally split the fees specified in item (7) of subsection (g).
21(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
22eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10;
2397-1150, eff. 1-25-13.)
24    (230 ILCS 40/78)
25    Sec. 78. Authority of the Illinois Gaming Board.



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1    (a) The Board shall have jurisdiction over and shall
2supervise all gaming operations governed by this Act. The Board
3shall have all powers necessary and proper to fully and
4effectively execute the provisions of this Act, including, but
5not limited to, the following:
6        (1) To investigate applicants and determine the
7    eligibility of applicants for licenses and to select among
8    competing applicants the applicants which best serve the
9    interests of the citizens of Illinois.
10        (2) To have jurisdiction and supervision over all video
11    gaming operations in this State and all persons in
12    establishments where video gaming operations are
13    conducted.
14        (3) To adopt rules for the purpose of administering the
15    provisions of this Act and to prescribe rules, regulations,
16    and conditions under which all video gaming in the State
17    shall be conducted. Such rules and regulations are to
18    provide for the prevention of practices detrimental to the
19    public interest and for the best interests of video gaming,
20    including rules and regulations (i) regarding the
21    inspection of such establishments and the review of any
22    permits or licenses necessary to operate an establishment
23    under any laws or regulations applicable to
24    establishments, (ii) and to impose penalties for
25    violations of this Act and its rules, and (iii)
26    establishing standards for advertising video gaming.



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1    (b) The Board shall adopt emergency rules to administer
2this Act in accordance with Section 5-45 of the Illinois
3Administrative Procedure Act. For the purposes of the Illinois
4Administrative Procedure Act, the General Assembly finds that
5the adoption of rules to implement this Act is deemed an
6emergency and necessary to the public interest, safety, and
8(Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.)
9    Section 10. The Criminal Code of 2012 is amended by
10changing Sections 28-2, 28-5, and 28-8 as follows:
11    (720 ILCS 5/28-2)  (from Ch. 38, par. 28-2)
12    Sec. 28-2. Definitions.
13    (a) A "gambling device" is any clock, tape machine, slot
14machine or other machines or device for the reception of money
15or other thing of value on chance or skill or upon the action
16of which money or other thing of value is staked, hazarded,
17bet, won or lost; or any mechanism, furniture, fixture,
18equipment or other device designed primarily for use in a
19gambling place. A "gambling device" does not include:
20        (1) A coin-in-the-slot operated mechanical device
21    played for amusement which rewards the player with the
22    right to replay such mechanical device, which device is so
23    constructed or devised as to make such result of the
24    operation thereof depend in part upon the skill of the



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1    player and which returns to the player thereof no money,
2    property or right to receive money or property.
3        (2) Vending machines by which full and adequate return
4    is made for the money invested and in which there is no
5    element of chance or hazard.
6        (3) A crane game. For the purposes of this paragraph
7    (3), a "crane game" is an amusement device involving skill,
8    if it rewards the player exclusively with merchandise
9    contained within the amusement device proper and limited to
10    toys, novelties and prizes other than currency, each having
11    a wholesale value which is not more than $25.
12        (4) A redemption machine. For the purposes of this
13    paragraph (4), a "redemption machine" is a single-player or
14    multi-player amusement device involving a game, the object
15    of which is throwing, rolling, bowling, shooting, placing,
16    or propelling a ball or other object that is either
17    physical or computer generated on a display or with lights
18    into, upon, or against a hole or other target that is
19    either physical or computer generated on a display or with
20    lights, or stopping, by physical, mechanical, or
21    electronic means, a moving object that is either physical
22    or computer generated on a display or with lights into,
23    upon, or against a hole or other target that is either
24    physical or computer generated on a display or with lights,
25    provided that all of the following conditions are met:
26            (A) The outcome of the game is predominantly



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1        determined by the skill of the player.
2            (B) The award of the prize is based solely upon the
3        player's achieving the object of the game or otherwise
4        upon the player's score.
5            (C) Only merchandise prizes are awarded.
6            (D) The wholesale value of prizes awarded in lieu
7        of tickets or tokens for single play of the device does
8        not exceed $25.
9            (E) The redemption value of tickets, tokens, and
10        other representations of value, which may be
11        accumulated by players to redeem prizes of greater
12        value, for a single play of the device does not exceed
13        $25.
14        (5) Video gaming terminals at a licensed
15    establishment, licensed truck stop establishment, licensed
16    fraternal establishment, or licensed veterans
17    establishment licensed in accordance with the Video Gaming
18    Act.
19    (a-5) "Internet" means an interactive computer service or
20system or an information service, system, or access software
21provider that provides or enables computer access by multiple
22users to a computer server, and includes, but is not limited
23to, an information service, system, or access software provider
24that provides access to a network system commonly known as the
25Internet, or any comparable system or service and also
26includes, but is not limited to, a World Wide Web page,



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1newsgroup, message board, mailing list, or chat area on any
2interactive computer service or system or other online service.
3    (a-6) "Access" and "computer" have the meanings ascribed to
4them in Section 16D-2 of this Code.
5    (b) A "lottery" is any scheme or procedure whereby one or
6more prizes are distributed by chance among persons who have
7paid or promised consideration for a chance to win such prizes,
8whether such scheme or procedure is called a lottery, raffle,
9gift, sale or some other name.
10    (c) A "policy game" is any scheme or procedure whereby a
11person promises or guarantees by any instrument, bill,
12certificate, writing, token or other device that any particular
13number, character, ticket or certificate shall in the event of
14any contingency in the nature of a lottery entitle the
15purchaser or holder to receive money, property or evidence of
17(Source: P.A. 97-1126, eff. 1-1-13.)
18    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)
19    Sec. 28-5. Seizure of gambling devices and gambling funds.
20    (a) Every device designed for gambling which is incapable
21of lawful use or every device used unlawfully for gambling
22shall be considered a "gambling device", and shall be subject
23to seizure, confiscation and destruction by the Department of
24State Police or by any municipal, or other local authority,
25within whose jurisdiction the same may be found. As used in



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1this Section, a "gambling device" includes any slot machine,
2and includes any machine or device constructed for the
3reception of money or other thing of value and so constructed
4as to return, or to cause someone to return, on chance to the
5player thereof money, property or a right to receive money or
6property. With the exception of any device designed for
7gambling which is incapable of lawful use, no gambling device
8shall be forfeited or destroyed unless an individual with a
9property interest in said device knows of the unlawful use of
10the device.
11    (b) Every gambling device shall be seized and forfeited to
12the county wherein such seizure occurs. Any money or other
13thing of value integrally related to acts of gambling shall be
14seized and forfeited to the county wherein such seizure occurs.
15    (c) If, within 60 days after any seizure pursuant to
16subparagraph (b) of this Section, a person having any property
17interest in the seized property is charged with an offense, the
18court which renders judgment upon such charge shall, within 30
19days after such judgment, conduct a forfeiture hearing to
20determine whether such property was a gambling device at the
21time of seizure. Such hearing shall be commenced by a written
22petition by the State, including material allegations of fact,
23the name and address of every person determined by the State to
24have any property interest in the seized property, a
25representation that written notice of the date, time and place
26of such hearing has been mailed to every such person by



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1certified mail at least 10 days before such date, and a request
2for forfeiture. Every such person may appear as a party and
3present evidence at such hearing. The quantum of proof required
4shall be a preponderance of the evidence, and the burden of
5proof shall be on the State. If the court determines that the
6seized property was a gambling device at the time of seizure,
7an order of forfeiture and disposition of the seized property
8shall be entered: a gambling device shall be received by the
9State's Attorney, who shall effect its destruction, except that
10valuable parts thereof may be liquidated and the resultant
11money shall be deposited in the general fund of the county
12wherein such seizure occurred; money and other things of value
13shall be received by the State's Attorney and, upon
14liquidation, shall be deposited in the general fund of the
15county wherein such seizure occurred. However, in the event
16that a defendant raises the defense that the seized slot
17machine is an antique slot machine described in subparagraph
18(b) (7) of Section 28-1 of this Code and therefore he is exempt
19from the charge of a gambling activity participant, the seized
20antique slot machine shall not be destroyed or otherwise
21altered until a final determination is made by the Court as to
22whether it is such an antique slot machine. Upon a final
23determination by the Court of this question in favor of the
24defendant, such slot machine shall be immediately returned to
25the defendant. Such order of forfeiture and disposition shall,
26for the purposes of appeal, be a final order and judgment in a



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1civil proceeding.
2    (d) If a seizure pursuant to subparagraph (b) of this
3Section is not followed by a charge pursuant to subparagraph
4(c) of this Section, or if the prosecution of such charge is
5permanently terminated or indefinitely discontinued without
6any judgment of conviction or acquittal (1) the State's
7Attorney shall commence an in rem proceeding for the forfeiture
8and destruction of a gambling device, or for the forfeiture and
9deposit in the general fund of the county of any seized money
10or other things of value, or both, in the circuit court and (2)
11any person having any property interest in such seized gambling
12device, money or other thing of value may commence separate
13civil proceedings in the manner provided by law.
14    (e) Any gambling device displayed for sale to a riverboat
15gambling operation or used to train occupational licensees of a
16riverboat gambling operation as authorized under the Riverboat
17Gambling Act is exempt from seizure under this Section.
18    (f) Any gambling equipment, devices and supplies provided
19by a licensed supplier in accordance with the Riverboat
20Gambling Act which are removed from the riverboat for repair
21are exempt from seizure under this Section.
22    (g) The following video gaming terminals are exempt from
23seizure under this Section:
24        (1) Video gaming terminals for sale to a licensed
25    distributor or operator under the Video Gaming Act.
26        (2) Video gaming terminals used to train licensed



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1    technicians or licensed terminal handlers.
2        (3) Video gaming terminals that are removed from a
3    licensed establishment, licensed truck stop establishment,
4    licensed fraternal establishment, or licensed veterans
5    establishment for repair.
6(Source: P.A. 87-826.)
7    (720 ILCS 5/28-8)  (from Ch. 38, par. 28-8)
8    Sec. 28-8. Gambling losses recoverable.
9    (a) Any person who by gambling shall lose to any other
10person, any sum of money or thing of value, amounting to the
11sum of $50 or more and shall pay or deliver the same or any part
12thereof, may sue for and recover the money or other thing of
13value, so lost and paid or delivered, in a civil action against
14the winner thereof, with costs, in the circuit court. No person
15who accepts from another person for transmission, and
16transmits, either in his own name or in the name of such other
17person, any order for any transaction to be made upon, or who
18executes any order given to him by another person, or who
19executes any transaction for his own account on, any regular
20board of trade or commercial, commodity or stock exchange,
21shall, under any circumstances, be deemed a "winner" of any
22moneys lost by such other person in or through any such
24    (b) If within 6 months, such person who under the terms of
25Subsection 28-8(a) is entitled to initiate action to recover



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1his losses does not in fact pursue his remedy, any person may
2initiate a civil action against the winner. The court or the
3jury, as the case may be, shall determine the amount of the
4loss. After such determination, the court shall enter a
5judgment of triple the amount so determined.
6    (c) Gambling losses as a result of gambling conducted on a
7video gaming terminal licensed under the Video Gaming Act are
8not recoverable under this Section.
9(Source: P.A. 79-1360.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.