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093_SB1515sam001
LRB093 06602 LRD 12767 a
1 AMENDMENT TO SENATE BILL 1515
2 AMENDMENT NO. . Amend Senate Bill 1515 by replacing
3 everything after the enacting clause with the following:
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 thatwhich 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.
16 A person, firm or corporation is ineligible to receive an
17 owners license if:
18 (1) the person has been convicted of a felony under
19 the laws of this State, any other state, or the United
20 States;
21 (2) the person has been convicted of any violation
22 of Article 28 of the Criminal Code of 1961, or
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1 substantially similar laws of any other jurisdiction;
2 (3) the person has submitted an application for a
3 license under this Act which contains false information;
4 (4) the person is a member of the Board;
5 (5) a person defined in (1), (2), (3) or (4) is an
6 officer, director or managerial employee of the firm or
7 corporation;
8 (6) the firm or corporation employs a person
9 defined in (1), (2), (3) or (4) who participates in the
10 management or operation of gambling operations authorized
11 under this Act;
12 (7) (blank); or
13 (8) a license of the person, firm or corporation
14 issued under this Act, or a license to own or operate
15 gambling facilities in any other jurisdiction, has been
16 revoked.
17 (b) In determining whether to grant an owners license to
18 an applicant, the Board shall consider:
19 (1) the character, reputation, experience and
20 financial integrity of the applicants and of any other or
21 separate person that either:
22 (A) controls, directly or indirectly, such
23 applicant, or
24 (B) is controlled, directly or indirectly, by
25 such applicant or by a person which controls,
26 directly or indirectly, such applicant;
27 (2) the facilities or proposed facilities for the
28 conduct of riverboat gambling;
29 (3) the highest prospective total revenue to be
30 derived by the State from the conduct of riverboat
31 gambling;
32 (4) the good faith affirmative action plan of each
33 applicant to recruit, train and upgrade minorities in all
34 employment classifications;
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1 (5) the financial ability of the applicant to
2 purchase and maintain adequate liability and casualty
3 insurance;
4 (6) whether the applicant has adequate
5 capitalization to provide and maintain, for the duration
6 of a license, a riverboat; and
7 (7) the extent to which the applicant exceeds or
8 meets other standards for the issuance of an owners
9 license which the Board may adopt by rule.
10 (c) Each owners license shall specify the place where
11 riverboats shall operate and dock.
12 (d) Each applicant shall submit with his application, on
13 forms provided by the Board, 2 sets of his fingerprints.
14 (e) The Board may issue up to 10 licenses authorizing
15 the holders of such licenses to own riverboats. In the
16 application for an owners license, the applicant shall state
17 the dock at which the riverboat is based and the water on
18 which the riverboat will be located. The Board shall issue 5
19 licenses to become effective not earlier than January 1,
20 1991. Three of such licenses shall authorize riverboat
21 gambling on the Mississippi River, one of which shall
22 authorize riverboat gambling from a home dock in the city of
23 East St. Louis, and one of which shall authorize riverboat
24 gambling on the Mississippi River or in a municipality that
25 (1) borders on the Mississippi River or is within 5 miles of
26 the city limits of a municipality that borders on the
27 Mississippi River and (2) on the effective date of this
28 amendatory Act of the 92nd General Assembly has a riverboat
29 conducting riverboat gambling operations pursuant to a
30 license issued under this Act. One other license shall
31 authorize riverboat gambling on the Illinois River south of
32 Marshall County. The Board shall issue one additional
33 license to become effective not earlier than March 1, 1992,
34 which shall authorize riverboat gambling on the Des Plaines
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1 River in Will County. The Board may issue 4 additional
2 licenses to become effective not earlier than March 1, 1992.
3 In determining the water upon which riverboats will operate,
4 the Board shall consider the economic benefit which riverboat
5 gambling confers on the State, and shall seek to assure that
6 all regions of the State share in the economic benefits of
7 riverboat gambling.
8 In granting all licenses, the Board may give favorable
9 consideration to economically depressed areas of the State,
10 to applicants presenting plans which provide for significant
11 economic development over a large geographic area, and to
12 applicants who currently operate non-gambling riverboats in
13 Illinois. The Board shall review all applications for owners
14 licenses, and shall inform each applicant of the Board's
15 decision.
16 The Board may revoke the owners license of a licensee
17 which fails to begin conducting gambling within 15 months of
18 receipt of the Board's approval of the application if the
19 Board determines that license revocation is in the best
20 interests of the State.
21 (f) The first 10 owners licenses issued under this Act
22 shall permit the holder to own up to 2 riverboats and
23 equipment thereon for a period of 3 years after the effective
24 date of the license. Holders of the first 10 owners licenses
25 must pay the annual license fee for each of the 3 years
26 during which they are authorized to own riverboats.
27 (g) Upon the termination, expiration, or revocation of
28 each of the first 10 licenses, which shall be issued for a 3
29 year period, all licenses are renewable annually upon payment
30 of the fee and a determination by the Board that the licensee
31 continues to meet all of the requirements of this Act and the
32 Board's rules. However, for licenses renewed on or after May
33 1, 1998, renewal shall be for a period of 4 years, unless the
34 Board sets a shorter period.
-5- LRB093 06602 LRD 12767 a
1 (h) An owners license shall entitle the licensee to own
2 up to 2 riverboats. A licensee shall limit the number of
3 gambling participants to 1,200 for any such owners license. A
4 licensee may operate both of its riverboats concurrently,
5 provided that the total number of gambling participants on
6 both riverboats does not exceed 1,200. Riverboats licensed to
7 operate on the Mississippi River and the Illinois River south
8 of Marshall County shall have an authorized capacity of at
9 least 500 persons. Any other riverboat licensed under this
10 Act shall have an authorized capacity of at least 400
11 persons.
12 (i) A licensed owner is authorized to apply to the Board
13 for and, if approved therefor, to receive all licenses from
14 the Board necessary for the operation of a riverboat,
15 including a liquor license, a license to prepare and serve
16 food for human consumption, and other necessary licenses.
17 All use, occupation and excise taxes which apply to the sale
18 of food and beverages in this State and all taxes imposed on
19 the sale or use of tangible personal property apply to such
20 sales aboard the riverboat.
21 (j) The Board may issue a license authorizing a
22 riverboat to dock in a municipality or approve a relocation
23 under Section 11.2 only if, prior to the issuance of the
24 license or approval, the governing body of the municipality
25 in which the riverboat will dock has by a majority vote
26 approved the docking of riverboats in the municipality. The
27 Board may issue a license authorizing a riverboat to dock in
28 areas of a county outside any municipality or approve a
29 relocation under Section 11.2 only if, prior to the issuance
30 of the license or approval, the governing body of the county
31 has by a majority vote approved of the docking of riverboats
32 within such areas.
33 (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)".
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