HB3294 93rd General Assembly


                                     LRB093 08252 LRD 08465 b

 1        AN ACT in relation to gambling.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Riverboat  Gambling  Act is amended by
 5    changing Section 7 as follows:

 6        (230 ILCS 10/7) (from Ch. 120, par. 2407)
 7        Sec. 7.  Owners Licenses.
 8        (a)  The Board shall issue owners  licenses  to  persons,
 9    firms  or  corporations  which  apply  for such licenses upon
10    payment to the Board of the non-refundable license fee set by
11    the Board, upon payment of a  $25,000  license  fee  for  the
12    first  year  of  operation  and a $5,000 license fee for each
13    succeeding year and upon a determination by  the  Board  that
14    the  applicant is eligible for an owners  license pursuant to
15    this Act and the rules of  the  Board.   A  person,  firm  or
16    corporation is ineligible to receive an owners license if:
17             (1)  the person has been convicted of a felony under
18        the  laws  of  this State, any other state, or the United
19        States;
20             (2)  the person has been convicted of any  violation
21        of   Article   28  of  the  Criminal  Code  of  1961,  or
22        substantially similar laws of any other jurisdiction;
23             (3)  the person has submitted an application  for  a
24        license under this Act which contains false information;
25             (4)  the person is a member of the Board;
26             (5)  a  person defined in (1), (2), (3) or (4) is an
27        officer, director or managerial employee of the  firm  or
28        corporation;
29             (6)  the   firm  or  corporation  employs  a  person
30        defined in (1), (2), (3) or (4) who participates  in  the
31        management or operation of gambling operations authorized
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 1        under this Act;
 2             (7)  (blank); or
 3             (8)  a  license  of  the person, firm or corporation
 4        issued under this Act, or a license  to  own  or  operate
 5        gambling  facilities  in any other jurisdiction, has been
 6        revoked.
 7        (b)  In determining whether to grant an owners license to
 8    an applicant, the Board shall consider:
 9             (1)  the  character,  reputation,  experience    and
10        financial integrity of the applicants and of any other or
11        separate person that either:
12                  (A)  controls,  directly  or  indirectly,  such
13             applicant, or
14                  (B)  is  controlled, directly or indirectly, by
15             such  applicant  or  by  a  person  which  controls,
16             directly or indirectly, such applicant;
17             (2)  the facilities or proposed facilities  for  the
18        conduct of riverboat gambling;
19             (3)  the  highest  prospective  total  revenue to be
20        derived by  the  State  from  the  conduct  of  riverboat
21        gambling;
22             (4)  the  good faith affirmative action plan of each
23        applicant to recruit, train and upgrade minorities in all
24        employment classifications;
25             (5)  the  financial  ability  of  the  applicant  to
26        purchase and maintain  adequate  liability  and  casualty
27        insurance;
28             (6)  whether     the    applicant    has    adequate
29        capitalization to provide and maintain, for the  duration
30        of a license, a riverboat; and
31             (7)  the  extent  to  which the applicant exceeds or
32        meets other standards  for  the  issuance  of  an  owners
33        license which the Board may adopt by rule.
34        (c)  Each  owners  license  shall specify the place where
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 1    riverboats shall operate and dock.
 2        (d)  Each applicant shall submit with his application, on
 3    forms provided by the Board, 2 sets of his fingerprints.
 4        (e)  The Board may issue up to  10  licenses  authorizing
 5    the  holders  of  such  licenses  to  own riverboats.  In the
 6    application for an owners license, the applicant shall  state
 7    the  dock  at  which  the riverboat is based and the water on
 8    which the riverboat will be located.  The Board shall issue 5
 9    licenses to become effective  not  earlier  than  January  1,
10    1991.   Three  of  such  licenses  shall  authorize riverboat
11    gambling on the Mississippi River or in a  municipality  that
12    (1)  borders on the Mississippi River or is within 5 miles of
13    the city  limits  of  a  municipality  that  borders  on  the
14    Mississippi  River  and  (2),  on  the effective date of this
15    amendatory Act of the 93rd General Assembly, has a  riverboat
16    conducting   riverboat  gambling  operations  pursuant  to  a
17    license issued under this Act;, one of which shall  authorize
18    riverboat  gambling  from a home dock in the city of East St.
19    Louis, and one of which shall authorize riverboat gambling on
20    the Mississippi River or in a municipality that  (1)  borders
21    on  the  Mississippi  River  or is within 5 miles of the city
22    limits of a municipality  that  borders  on  the  Mississippi
23    River and (2) on the effective date of this amendatory Act of
24    the   92nd   General  Assembly  has  a  riverboat  conducting
25    riverboat gambling operations pursuant to  a  license  issued
26    under  this  Act. One other license shall authorize riverboat
27    gambling on the Illinois River south of Marshall County.  The
28    Board shall issue one additional license to become  effective
29    not  earlier  than  March  1,  1992,  which  shall  authorize
30    riverboat  gambling  on the Des Plaines River in Will County.
31    The Board may issue 4 additional licenses to become effective
32    not earlier than March 1, 1992.   In  determining  the  water
33    upon  which riverboats will operate, the Board shall consider
34    the economic benefit which riverboat gambling confers on  the
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 1    State, and shall seek to assure that all regions of the State
 2    share in the economic benefits of riverboat gambling.
 3        In  granting  all  licenses, the Board may give favorable
 4    consideration to economically depressed areas of  the  State,
 5    to  applicants presenting plans which provide for significant
 6    economic development over a large  geographic  area,  and  to
 7    applicants  who  currently operate non-gambling riverboats in
 8    Illinois.  The Board shall review all applications for owners
 9    licenses, and shall inform  each  applicant  of  the  Board's
10    decision.
11        The  Board  may  revoke  the owners license of a licensee
12    which fails to begin conducting gambling within 15 months  of
13    receipt  of  the  Board's  approval of the application if the
14    Board determines that  license  revocation  is  in  the  best
15    interests of the State.
16        (f)  The  first  10 owners licenses issued under this Act
17    shall permit the  holder  to  own  up  to  2  riverboats  and
18    equipment thereon for a period of 3 years after the effective
19    date  of the license. Holders of the first 10 owners licenses
20    must pay the annual license fee  for  each  of  the  3  years
21    during which they are authorized to own riverboats.
22        (g)  Upon  the  termination, expiration, or revocation of
23    each of the first 10 licenses, which shall be issued for a  3
24    year period, all licenses are renewable annually upon payment
25    of the fee and a determination by the Board that the licensee
26    continues to meet all of the requirements of this Act and the
27    Board's rules.  However, for licenses renewed on or after May
28    1, 1998, renewal shall be for a period of 4 years, unless the
29    Board sets a shorter period.
30        (h)  An  owners license shall entitle the licensee to own
31    up to 2 riverboats.  A licensee shall  limit  the  number  of
32    gambling participants to 1,200 for any such owners license. A
33    licensee  may  operate  both  of its riverboats concurrently,
34    provided that the total number of  gambling  participants  on
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 1    both riverboats does not exceed 1,200. Riverboats licensed to
 2    operate on the Mississippi River and the Illinois River south
 3    of  Marshall  County  shall have an authorized capacity of at
 4    least 500 persons.  Any other riverboat licensed  under  this
 5    Act  shall  have  an  authorized  capacity  of  at  least 400
 6    persons.
 7        (i)  A licensed owner is authorized to apply to the Board
 8    for and, if approved therefor, to receive all  licenses  from
 9    the  Board  necessary  for  the  operation  of  a  riverboat,
10    including  a  liquor  license, a license to prepare and serve
11    food for human consumption,  and  other  necessary  licenses.
12    All  use, occupation and excise taxes which apply to the sale
13    of food and beverages in this State and all taxes imposed  on
14    the  sale  or use of tangible personal property apply to such
15    sales aboard the riverboat.
16        (j)  The  Board  may  issue  a  license   authorizing   a
17    riverboat  to  dock in a municipality or approve a relocation
18    under Section 11.2 only if, prior  to  the  issuance  of  the
19    license  or  approval, the governing body of the municipality
20    in which the riverboat will  dock  has  by  a  majority  vote
21    approved  the docking of riverboats in the municipality.  The
22    Board may issue a license authorizing a riverboat to dock  in
23    areas  of  a  county  outside  any  municipality or approve a
24    relocation under Section 11.2 only if, prior to the  issuance
25    of  the license or approval, the governing body of the county
26    has by a majority vote approved of the docking of  riverboats
27    within such areas.
28    (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)

29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.