Full Text of SB1991 94th General Assembly
SB1991sam001 94TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 2/28/2006
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| AMENDMENT TO SENATE BILL 1991
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| AMENDMENT NO. ______. Amend Senate Bill 1991 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Riverboat Gambling Act is amended by | 5 |
| changing Section 7 as follows:
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| (230 ILCS 10/7) (from Ch. 120, par. 2407)
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| Sec. 7. Owners Licenses.
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| (a) The Board shall issue owners licenses to persons, firms | 9 |
| or
corporations which apply for such licenses upon payment to | 10 |
| the Board of the
non-refundable license fee set by the Board, | 11 |
| upon payment of a $25,000
license fee for the first year of | 12 |
| operation and a $5,000 license fee for
each succeeding year and | 13 |
| upon a determination by the Board that the
applicant is | 14 |
| eligible for an owners license pursuant to this Act and the
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| rules of the Board. A person, firm or corporation is ineligible | 16 |
| to receive
an owners license if:
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| (1) the person has been convicted of a felony under the | 18 |
| laws of this
State, any other state, or the United States;
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| (2) the person has been convicted of any violation of | 20 |
| Article 28 of the
Criminal Code of 1961, or substantially | 21 |
| similar laws of any other jurisdiction;
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| (3) the person has submitted an application for a | 23 |
| license under this
Act which contains false information;
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| (4) the person is
a member of the Board;
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| (5) a person defined in (1), (2), (3) or (4) is an | 2 |
| officer, director or
managerial employee of the firm or | 3 |
| corporation;
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| (6) the firm or corporation employs a person defined in | 5 |
| (1), (2), (3) or
(4) who participates in the management or | 6 |
| operation of gambling operations
authorized under this | 7 |
| Act;
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| (7) (blank); or
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| (8) a license of the person, firm or corporation issued | 10 |
| under
this Act, or a license to own or operate gambling | 11 |
| facilities
in any other jurisdiction, has been revoked.
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| (b) In determining whether to grant an owners license to an | 13 |
| applicant, the
Board shall consider:
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| (1) the character, reputation, experience and | 15 |
| financial integrity of the
applicants and of any other or | 16 |
| separate person that either:
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| (A) controls, directly or indirectly, such | 18 |
| applicant, or
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| (B) is controlled, directly or indirectly, by such | 20 |
| applicant or by a
person which controls, directly or | 21 |
| indirectly, such applicant;
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| (2) the facilities or proposed facilities for the | 23 |
| conduct of riverboat
gambling;
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| (3) the highest prospective total revenue to be derived | 25 |
| by the State
from the conduct of riverboat gambling;
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| (4) the extent to which the ownership of the applicant | 27 |
| reflects the
diversity of the State by including minority | 28 |
| persons and females
and the good faith affirmative action | 29 |
| plan of
each applicant to recruit, train and upgrade | 30 |
| minority persons and females in all employment | 31 |
| classifications;
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| (5) the financial ability of the applicant to purchase | 33 |
| and maintain
adequate liability and casualty insurance;
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| (6) whether the applicant has adequate capitalization |
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| to provide and
maintain, for the duration of a license, a | 2 |
| riverboat;
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| (7) the extent to which the applicant exceeds or meets | 4 |
| other standards
for the issuance of an owners license which | 5 |
| the Board may adopt by rule;
and
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| (8) The amount of the applicant's license bid.
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| (c) Each owners license shall specify the place where | 8 |
| riverboats shall
operate and dock.
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| (d) Each applicant shall submit with his application, on | 10 |
| forms
provided by the Board, 2 sets of his fingerprints.
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| (e) The Board may issue up to 10 licenses authorizing the | 12 |
| holders of such
licenses to own riverboats. In the application | 13 |
| for an owners license, the
applicant shall state the dock at | 14 |
| which the riverboat is based and the water
on which the | 15 |
| riverboat will be located. The Board shall issue 5 licenses to
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| become effective not earlier than January 1, 1991. Three of | 17 |
| such licenses
shall authorize riverboat gambling on the | 18 |
| Mississippi River, or, with approval
by the municipality in | 19 |
| which the
riverboat was docked on August 7, 2003 and with Board | 20 |
| approval, be authorized to relocate to a new location,
in a
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| municipality that (1) borders on the Mississippi River or is | 22 |
| within 5
miles of the city limits of a municipality that | 23 |
| borders on the Mississippi
River and (2), on August 7, 2003, | 24 |
| had a riverboat conducting riverboat gambling operations | 25 |
| pursuant to
a license issued under this Act; one of which shall | 26 |
| authorize riverboat
gambling from a home dock in the city of | 27 |
| East St. Louis. One other license
shall
authorize riverboat | 28 |
| gambling on
the Illinois River south of Marshall County. The | 29 |
| Board shall issue one
additional license to become effective | 30 |
| not earlier than March 1, 1992, which
shall authorize riverboat | 31 |
| gambling on the Des Plaines River in Will County.
The Board may | 32 |
| issue 4 additional licenses to become effective not
earlier | 33 |
| than
March 1, 1992. In determining the water upon which | 34 |
| riverboats will operate,
the Board shall consider the economic |
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| benefit which riverboat gambling confers
on the State, and | 2 |
| shall seek to assure that all regions of the State share
in the | 3 |
| economic benefits of riverboat gambling.
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| In granting a license that is a dormant license to an | 5 |
| applicant, the Board must give favorable consideration to | 6 |
| applicants submitting evidence to the Board that minority | 7 |
| persons and females, who held ownership interests in the | 8 |
| applicant originally granted the dormant license, hold | 9 |
| ownership interests in the applicant for the license. The | 10 |
| weight of the Board's favorable consideration to applicants | 11 |
| pursuant to this paragraph must be in proportion to the | 12 |
| percentage of ownership interest in the applicant of those | 13 |
| minority persons and female owners. "Dormant license" has the | 14 |
| meaning ascribed to it in subsection (a-3) of Section 13 of | 15 |
| this Act.
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| In granting all licenses, the Board may give favorable | 17 |
| consideration to
economically depressed areas of the State, to | 18 |
| applicants presenting plans
which provide for significant | 19 |
| economic development over a large geographic
area, and to | 20 |
| applicants who currently operate non-gambling riverboats in
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| Illinois.
The Board shall review all applications for owners | 22 |
| licenses,
and shall inform each applicant of the Board's | 23 |
| decision.
The Board may grant an owners license to an
applicant | 24 |
| that has not submitted the highest license bid, but if it does | 25 |
| not
select the highest bidder, the Board shall issue a written | 26 |
| decision explaining
why another
applicant was selected and | 27 |
| identifying the factors set forth in this Section
that favored | 28 |
| the winning bidder.
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| In addition to any other revocation powers granted to the | 30 |
| Board under this
Act,
the Board may revoke the owners license | 31 |
| of a licensee which fails
to begin conducting gambling within | 32 |
| 15 months
of receipt of the
Board's approval of the application | 33 |
| if the Board determines that license
revocation is in the best | 34 |
| interests of the State.
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| (f) The first 10 owners licenses issued under this Act | 2 |
| shall permit the
holder to own up to 2 riverboats and equipment | 3 |
| thereon
for a period of 3 years after the effective date of the | 4 |
| license. Holders of
the first 10 owners licenses must pay the | 5 |
| annual license fee for each of
the 3
years during which they | 6 |
| are authorized to own riverboats.
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| (g) Upon the termination, expiration, or revocation of each | 8 |
| of the first
10 licenses, which shall be issued for a 3 year | 9 |
| period, all licenses are
renewable annually upon payment of the | 10 |
| fee and a determination by the Board
that the licensee | 11 |
| continues to meet all of the requirements of this Act and the
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| Board's rules.
However, for licenses renewed on or after May 1, | 13 |
| 1998, renewal shall be
for a period of 4 years, unless the | 14 |
| Board sets a shorter period.
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| (h) An owners license shall entitle the licensee to own up | 16 |
| to 2
riverboats. A licensee shall limit the number of gambling | 17 |
| participants to
1,200 for any such owners license.
A licensee | 18 |
| may operate both of its riverboats concurrently, provided that | 19 |
| the
total number of gambling participants on both riverboats | 20 |
| does not exceed
1,200. Riverboats licensed to operate on the
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| Mississippi River and the Illinois River south of Marshall | 22 |
| County shall
have an authorized capacity of at least 500 | 23 |
| persons. Any other riverboat
licensed under this Act shall have | 24 |
| an authorized capacity of at least 400
persons.
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| (i) A licensed owner is authorized to apply to the Board | 26 |
| for and, if
approved therefor, to receive all licenses from the | 27 |
| Board necessary for the
operation of a riverboat, including a | 28 |
| liquor license, a license
to prepare and serve food for human | 29 |
| consumption, and other necessary
licenses. All use, occupation | 30 |
| and excise taxes which apply to the sale of
food and beverages | 31 |
| in this State and all taxes imposed on the sale or use
of | 32 |
| tangible personal property apply to such sales aboard the | 33 |
| riverboat.
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| (j) The Board may issue or re-issue a license authorizing a |
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| riverboat to
dock
in a municipality or approve a relocation | 2 |
| under Section 11.2 only if, prior
to the issuance or | 3 |
| re-issuance of
the license or approval, the governing body of | 4 |
| the municipality in which
the riverboat will dock has by a | 5 |
| majority vote approved the docking of
riverboats in the | 6 |
| municipality. The Board may issue or re-issue a license
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| authorizing a
riverboat to dock in areas of a county outside | 8 |
| any municipality or approve a
relocation under Section 11.2 | 9 |
| only if, prior to the issuance or re-issuance
of the license
or | 10 |
| approval, the
governing body of the county has by a majority | 11 |
| vote approved of the docking of
riverboats within such areas.
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| (Source: P.A. 93-28, eff. 6-20-03; 93-453, eff. 8-7-03; 94-667, | 13 |
| eff. 8-23-05.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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