Full Text of HB3649 95th General Assembly
HB3649eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pull Tabs and Jar Games Act is | 5 |
| amended by changing Sections 1.1, 2, 3, 4, 5, 6, and 7 and by | 6 |
| adding Sections 2.1, 3.1, 3.2, 7.1, 7.2, and 7.3 as follows:
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| (230 ILCS 20/1.1) (from Ch. 120, par. 1051.1)
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| Sec. 1.1. Definitions. As used in this Act:
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| "Pull tabs" and "jar games" means a game
using | 10 |
| single-folded or banded tickets or a card, the face of which is
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| initially covered or otherwise hidden from view in order to | 12 |
| conceal a number,
symbol or set of symbols, some of which are | 13 |
| winners. Players with winning
tickets receive a prize stated on | 14 |
| a promotional display or "flare". Pull
tabs also means a game | 15 |
| in which prizes are won by pulling a tab from a
board thereby | 16 |
| revealing a number which corresponds to the number for a given
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| prize.
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| Each winning pull tab or slip shall be predetermined. The | 19 |
| right to
participate in such games shall not
cost more than $2. | 20 |
| No single prize shall
exceed $500. There shall be no more than | 21 |
| 6,000
tickets in a game.
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| "Pull tabs and jar games", as used in this Act, does not | 23 |
| include the
following: numbers, policy, bolita or similar |
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| games, dice, slot machines,
bookmaking and wagering pools with | 2 |
| respect to a sporting event, or that
game commonly known as | 3 |
| punch boards, or any other game or activity not
expressly | 4 |
| defined in this Section.
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| "Organization" means a corporation, agency, partnership, | 6 |
| association,
firm or other entity consisting of 2 or more | 7 |
| persons joined by a common
interest or purpose.
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| "Non-profit organization" means an organization or | 9 |
| institution organized
and conducted on a not-for-profit basis | 10 |
| with no personal profit inuring to
anyone as a result of the | 11 |
| operation.
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| "Charitable organization" means an organization or | 13 |
| institution organized
and operated to benefit an indefinite | 14 |
| number of the public.
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| "Educational organization" means an organization or | 16 |
| institution organized
and operated to provide systematic | 17 |
| instruction in useful branches of
learning by methods common to | 18 |
| schools and institutions of learning which
compare favorably in | 19 |
| their scope and intensity with the course of study
presented in | 20 |
| tax-supported schools.
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| "Religious organization" means any church, congregation, | 22 |
| society, or
organization founded for the purpose of religious | 23 |
| worship.
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| "Fraternal organization" means an organization of persons , | 25 |
| including but
not limited to ethnic organizations, having a | 26 |
| common interest that is
, organized
and operated exclusively to |
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| promote the welfare of its members and to
benefit the general | 2 |
| public on a continuing and consistent basis , including but
not | 3 |
| limited to ethnic organizations .
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| "Veterans' organization" means an organization comprised | 5 |
| of members of
which substantially all are individuals who are | 6 |
| veterans or spouses,
widows, or widowers of veterans, the | 7 |
| primary purpose of which is to
promote the welfare of its | 8 |
| members and to provide assistance to the general
public in such | 9 |
| a way as to confer a public benefit.
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| "Labor organization" means an organization composed of | 11 |
| labor unions or
workers organized with the objective of | 12 |
| betterment of the conditions of
those engaged in such pursuit | 13 |
| and the development of a higher degree of
efficiency in their | 14 |
| respective occupations.
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| "Youth athletic organization" means an organization having | 16 |
| as its
exclusive purpose the promotion and provision of | 17 |
| athletic activities for
youth aged 18 and under.
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| "Senior citizens organization" means an organization or | 19 |
| association
comprised of members of which substantially all are | 20 |
| individuals who are
senior citizens, as defined in the Illinois | 21 |
| Act on the Aging, the primary
purpose of which is to promote | 22 |
| the welfare of its members.
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| "Department" means the Department of Revenue. | 24 |
| "Person" means any natural individual, corporation, | 25 |
| partnership, limited liability company, organization, licensee | 26 |
| under this Act, or volunteer.
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| "Special permit" means a permit issued to a licensed | 2 |
| organization that allows it to conduct pull tabs and jar games | 3 |
| at other premises or on other days not exceeding 5 consecutive | 4 |
| days. | 5 |
| "Supplier" means any person, firm, or corporation that | 6 |
| sells, leases, lends, distributes, or otherwise provides any | 7 |
| pull tabs and jar games to any organization licensed to conduct | 8 |
| pull tabs and jar games in Illinois.
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| "Volunteer" means a person recruited by the licensed | 10 |
| organization who voluntarily performs services at a pull tabs | 11 |
| or jar games event, including participation in the management | 12 |
| or operation of a game. | 13 |
| (Source: P.A. 90-536, eff. 1-1-98.)
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| (230 ILCS 20/2) (from Ch. 120, par. 1052)
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| Sec. 2. The Department of Revenue shall, upon application | 16 |
| therefor on
forms prescribed by the Department, and upon the | 17 |
| payment of a nonrefundable
an annual fee of
$500, and upon | 18 |
| determination that the applicant meets all the requirements
of | 19 |
| this Act, issue a license to conduct pull tabs and jar games to
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| any of the following:
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| (i) Any local fraternal mutual benefit organization | 22 |
| chartered at
least 40 years before it applies for a license | 23 |
| under this Act.
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| (ii) Any bona fide religious, charitable, labor, | 25 |
| fraternal, youth
athletic, senior citizen, educational or |
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| veterans' organization organized in
Illinois which | 2 |
| operates without profit to its members, which has been in
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| existence in Illinois continuously for a period of 5 years | 4 |
| immediately before
making application for a license and | 5 |
| which has had during that entire 5 year
period a bona fide | 6 |
| membership engaged in carrying out its objects. However, | 7 |
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5 year requirement shall be reduced to 2 years, as | 8 |
| applied to a local
organization which is affiliated with | 9 |
| and chartered by a national organization
which meets the 5 | 10 |
| year requirement.
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| Each license issued shall be in effect for one year from | 12 |
| its date of issuance unless extended, suspended, or revoked by | 13 |
| Department action before that date. The Department may provide | 14 |
| by rule for an extension of any pull tabs and jar games license | 15 |
| issued under this Act. Any extension provided shall not exceed | 16 |
| one year. A licensee may hold only one license and that license | 17 |
| is valid for only one location unless a special permit, as | 18 |
| authorized in subsection (4) of Section 3, is issued. The | 19 |
| Department may authorize by rule the filing by electronic means | 20 |
| of any application, license, permit, return, or registration | 21 |
| required under this Act.
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| All taxes and fees imposed by this Act, unless otherwise | 23 |
| specified, shall be paid into the General Revenue Fund of the | 24 |
| State Treasury.
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| Each license expires at midnight, June 30, following its | 26 |
| date of
issuance, except that, beginning with applicants whose |
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| licenses expire on
June 30, 1990, the Department shall stagger | 2 |
| license expiration dates by
dividing the applicants into 4 | 3 |
| groups which are substantially equal in
number. Licenses issued | 4 |
| and license fees charged to applicants in each
group shall be | 5 |
| in accordance with the following schedule:
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6 | | Group No. |
License Expiration Date |
Fee |
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December 31, 1990 |
$250 |
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8 | | 2 |
March 31, 1991 |
$375 |
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9 | | 3 |
June 30, 1991 |
$500 |
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10 | | 4 |
September 30, 1991 |
$625 |
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| Following expiration under this schedule, each renewed | 12 |
| license shall be
in effect for one year from its date of | 13 |
| issuance unless suspended or
revoked by Department action | 14 |
| before that date. After June 30, 1990, every
new license shall | 15 |
| expire one year from the date of issuance unless suspended
or | 16 |
| revoked. A licensee may hold only one license and that license | 17 |
| is valid for
only one location.
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| The following are ineligible for any license under this | 19 |
| Act:
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| (a) any person who has been convicted of a felony within 10 | 21 |
| years of the
date of the application;
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| (b) any person who has been convicted of a violation of | 23 |
| Article 28 of
the "Criminal Code of 1961";
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| (c) any person who has had a pull tabs and jar games, bingo | 25 |
| or
charitable games license revoked by the Department;
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| (d) any person who is or has been a professional gambler;
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| (e) any firm or corporation in which a person defined in | 2 |
| (a), (b), (c)
or (d) has any proprietary, equitable or credit | 3 |
| interest, or in which such
person is active or employed;
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| (f) any organization in which a person defined in (a), (b), | 5 |
| (c) or (d)
is an officer, director, or employee, whether | 6 |
| compensated or not;
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| (g) any organization in which a person defined in (a), (b), | 8 |
| (c) or (d)
is to participate in the management or operation of | 9 |
| pull tabs and jar games.
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| The Department of State Police shall provide the criminal | 11 |
| background of
any supplier as requested by the Department of | 12 |
| Revenue.
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| (Source: P.A. 86-703; 87-1271.)
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| (230 ILCS 20/2.1 new)
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| Sec. 2.1. Ineligibility for a license. The following are | 16 |
| ineligible for any license under this Act:
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| (1) Any person who has been convicted of a felony | 18 |
| within the last 10 years prior to the
date of the | 19 |
| application.
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| (2) Any person who has been convicted of a violation of | 21 |
| Article 28 of
the Criminal Code of 1961.
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| (3) Any person who has had a bingo, pull tabs and jar | 23 |
| games, or
charitable games license revoked by the | 24 |
| Department.
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| (4) Any person who is or has been a professional |
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| gambler.
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| (5) Any person found gambling in a manner not | 3 |
| authorized by the Illinois Pull Tabs and Jar Games Act, the | 4 |
| Bingo License and Tax Act, or the Charitable Games Act, | 5 |
| participating in such gambling, or knowingly permitting | 6 |
| such gambling on premises where pull tabs and jar games are | 7 |
| authorized to be conducted.
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| (6) Any firm or corporation in which a person defined | 9 |
| in (1), (2), (3), (4),
or (5) has any proprietary, | 10 |
| equitable, or credit interest or in which such
person is | 11 |
| active or employed.
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| (7) Any organization in which a person defined in (1), | 13 |
| (2), (3), (4), or (5)
is an officer, director, or employee, | 14 |
| whether compensated or not.
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| (8) Any organization in which a person defined in (1), | 16 |
| (2), (3), (4), or (5)
is to participate in the management | 17 |
| or operation of pull tabs and jar games.
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| The Department of State Police shall provide the criminal | 19 |
| background of
any supplier as requested by the Department of | 20 |
| Revenue.
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| (230 ILCS 20/3) (from Ch. 120, par. 1053)
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| Sec. 3. Licensing for the conducting of pull tabs and jar | 23 |
| games is
subject to the following restrictions:
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| (1) The license application, when submitted to the | 25 |
| Department of Revenue,
shall contain a sworn statement |
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| attesting to the not-for-profit character
of the prospective | 2 |
| licensee organization and shall be signed by a person listed on | 3 |
| the application as an owner, officer, or other person in charge | 4 |
| of the necessary day-to-day operations
the
presiding officer | 5 |
| and the secretary of that organization.
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| (2) The license application shall be prepared in accordance | 7 |
| with the
rules of the Department of Revenue.
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| (3) The licensee shall prominently display the license in | 9 |
| the area where
the licensee conducts pull tabs and jar games. | 10 |
| The licensee shall likewise display, in the form and manner as | 11 |
| prescribed by the Department, the provisions of Section 4 of | 12 |
| this Act.
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| (4) Each license shall state the location at which the | 14 |
| licensee is
permitted to conduct pull tabs and jar games. The | 15 |
| Department
may, on special application made by a licensed | 16 |
| organization, issue a
special permit to conduct a single pull | 17 |
| tabs or jar games event at another
location. A special
permit | 18 |
| shall be displayed at the site of any pull tabs or jar games
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| authorized by such permit.
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| (4.1) A license is not assignable or transferable.
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| (5) Any organization qualified for a license but not | 22 |
| holding one, may
upon application and payment of a | 23 |
| nonrefundable fee of $50 receive a limited license
special | 24 |
| permit to
conduct pull tabs or jar games at no more than 2 | 25 |
| indoor or outdoor
festivals in a year for a maximum of 5 | 26 |
| consecutive days on each occasion. No more than 2 limited |
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| licenses
permits
under this subsection may be issued to any | 2 |
| organization in any year. The limited license shall be | 3 |
| prominently displayed at the site where pull tabs or jar games | 4 |
| are sold.
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| (Source: P.A. 86-703.)
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| (230 ILCS 20/3.1 new)
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| Sec. 3.1. Suppliers' license. The Department shall issue a | 8 |
| suppliers' license permitting a person, firm or corporation to | 9 |
| sell or distribute to any organization licensed to conduct pull | 10 |
| tabs and jar games supplies, devices or other equipment | 11 |
| designed for use in the playing of pull tabs and jar games. No | 12 |
| person, firm or corporation shall sell or distribute pull tabs | 13 |
| and jar games supplies without having first obtained a license. | 14 |
| Licensed suppliers shall buy pull tabs and jar games only from | 15 |
| licensed manufacturers and shall sell pull tabs and jar games | 16 |
| only to licensed organizations. Licensed organizations shall | 17 |
| buy pull tabs and jar games only from licensed suppliers. | 18 |
| Applications for suppliers' licenses shall be made in writing | 19 |
| in accordance with Department rules. The Department shall | 20 |
| license suppliers of pull tabs and jar games subject to a | 21 |
| nonrefundable annual fee of $5,000, or a nonrefundable | 22 |
| triennial supplier's fee of $15,000. Each suppliers' license is | 23 |
| valid for one year from date of issuance, or 3 years from date | 24 |
| of issuance for a triennial license, unless extended, | 25 |
| suspended, or revoked by Department action before that date. |
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| Any extension of a suppliers' license shall not exceed one | 2 |
| year. No licensed supplier under this Act shall sell, | 3 |
| distribute or allow the use of any supplies, devices or | 4 |
| equipment designed for use in the play of pull tabs and jar | 5 |
| games for the conducting of anything other than pull tabs and | 6 |
| jar games or to any person or organization not otherwise | 7 |
| licensed under this Act. | 8 |
| The Department shall adopt by rule minimum quality | 9 |
| production standards for pull tabs and jar games. In | 10 |
| determining those standards, the Department shall consider the | 11 |
| standards adopted by the National Association of Gambling | 12 |
| Regulatory Agencies and the National Association of | 13 |
| Fundraising Ticket Manufacturers. The standards shall include | 14 |
| the name of the supplier which shall appear in plain view to | 15 |
| the casual observer on the face side of each pull tab ticket | 16 |
| and on each jar game ticket. The pull tab ticket shall contain | 17 |
| the name of the game, the selling price of the ticket, the | 18 |
| amount of the prize and the serial number of the ticket. The | 19 |
| back side of a pull tab ticket shall contain a series of | 20 |
| perforated tabs marked "open here". The logo of the | 21 |
| manufacturer shall be clearly visible on each jar game ticket. | 22 |
| (230 ILCS 20/3.2 new)
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| Sec. 3.2. Manufacturers' license. The Department shall | 24 |
| issue a manufacturers' license permitting a person, firm or | 25 |
| corporation that produces, creates, constructs, assembles or |
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| otherwise manufactures pull tab and jar games to sell or | 2 |
| distribute to any organization licensed to supply pull tabs and | 3 |
| jar games. No person, firm or corporation shall produce, | 4 |
| create, construct, assemble or otherwise manufacture pull tab | 5 |
| and jar games without having first obtained a license. Licensed | 6 |
| manufacturers may sell pull tabs and jar games only to licensed | 7 |
| suppliers. Applications for manufacturers' licenses shall be | 8 |
| made in writing in accordance with Department rules. The | 9 |
| Department of Revenue shall license manufacturers of pull tabs | 10 |
| and jar games subject to a nonrefundable annual fee of $5,000, | 11 |
| or a triennial supplier's license fee of $15,000. Each | 12 |
| manufacturers' license is valid for one year from date of | 13 |
| issuance, or 3 years from date of issuance for a triennial | 14 |
| license, unless extended, suspended, or revoked by Department | 15 |
| action before that date. Any extension of a manufacturers' | 16 |
| license shall not exceed one year. | 17 |
| The Department shall adopt by rule minimum quality | 18 |
| production standards for pull tabs and jar games. In | 19 |
| determining those standards, the Department shall consider the | 20 |
| standards adopted by the National Association of Gambling | 21 |
| Regulatory Agencies and the National Association of | 22 |
| Fundraising Ticket Manufacturers. The standards shall include | 23 |
| the name of the supplier which shall appear in plain view to | 24 |
| the casual observer on the face side of each pull tab ticket | 25 |
| and on each jar game ticket. The pull tab ticket shall contain | 26 |
| the name of the game, the selling price of the ticket, the |
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| amount of the prize and the serial number of the ticket. The | 2 |
| back side of a pull tab ticket shall contain a series of | 3 |
| perforated tabs marked "open here". The logo of the | 4 |
| manufacturer shall be clearly visible on each jar game ticket.
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| (230 ILCS 20/4) (from Ch. 120, par. 1054)
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| Sec. 4. The conducting of pull tabs and jar games is | 7 |
| subject to the
following restrictions:
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| (1) The entire net proceeds of any pull tabs or jar games, | 9 |
| except as
otherwise approved in this Act, must be exclusively | 10 |
| devoted to the lawful
purposes of the organization permitted to | 11 |
| conduct such drawings.
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| (2) No person except a bona fide member or employee of the | 13 |
| sponsoring
organization may participate in the management or | 14 |
| operation of such pull
tabs or jar games; however, nothing | 15 |
| herein shall conflict with pull tabs
and jar games conducted | 16 |
| under the provisions of the Charitable Games Act.
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| (3) No person may receive any remuneration or profit for | 18 |
| participating
in the management or operation of such pull tabs | 19 |
| or jar games; however,
nothing herein shall conflict with pull | 20 |
| tabs and jar games conducted under
the provisions of the | 21 |
| Charitable Games Act.
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| (4) The price paid for a single chance or right to | 23 |
| participate in a game
licensed under this Act shall not exceed | 24 |
| $2. No single prize shall exceed $500. There shall be no more | 25 |
| than 6,000 tickets in a game. The aggregate value of
all
prizes |
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| or merchandise awarded in any single day of pull tabs and jar | 2 |
| games
shall not exceed $5,000 , except that in adjoining | 3 |
| counties
having 200,000
to 275,000 inhabitants each, and in | 4 |
| counties which are adjacent to either
of such adjoining | 5 |
| counties and are adjacent to total of not more than 2
counties | 6 |
| in this State, the value of all prizes or merchandise awarded | 7 |
| may
not exceed $5,000 in a single day .
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| (5) No person under the age of 18 years shall play or | 9 |
| participate in
games under this Act. A person under the age of | 10 |
| 18 years may be within the
area where pull tabs and jar games | 11 |
| are being conducted only when
accompanied by his parent or | 12 |
| guardian.
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| (6) Pull tabs and jar games shall be conducted only on | 14 |
| premises owned or
occupied by licensed organizations and used | 15 |
| by its members for general
activities, or on premises owned or | 16 |
| rented for conducting the game of
bingo, or as permitted in | 17 |
| subsection (4) of Section 3.
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| (Source: P.A. 90-536, eff. 1-1-98; 90-808, eff. 12-1-98.)
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| (230 ILCS 20/5) (from Ch. 120, par. 1055)
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| Sec. 5. There shall be paid to the Department of Revenue 5% | 21 |
| of the
gross proceeds of any pull tabs and jar games conducted
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| under this Act. Such payments shall be made 4 times per year, | 23 |
| between the
first and the 20th day of April, July, October and | 24 |
| January. Payment must
be made by money order or certified | 25 |
| check. Accompanying each payment shall
be a return, on forms |
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| prescribed by the Department of Revenue
report, on forms | 2 |
| provided by the Department of Revenue, listing the
number of | 3 |
| drawings conducted, the gross income derived therefrom and such
| 4 |
| other information as the Department of Revenue may require . | 5 |
| Failure to
submit either the payment or the return
report
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| within the specified time shall
result in suspension or
| 7 |
| automatic revocation of the license. Tax returns filed pursuant | 8 |
| to this Act shall not be confidential and shall be available | 9 |
| for public inspection. All payments made to the
Department of | 10 |
| Revenue under this Act shall be deposited as follows:
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| (a) 50% shall be deposited in the Common School Fund; and
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| (b) 50% shall be deposited in the Illinois Gaming Law | 13 |
| Enforcement Fund.
Of the monies deposited in the Illinois | 14 |
| Gaming Law Enforcement Fund under
this Section, the General | 15 |
| Assembly shall appropriate two-thirds to the
Department of | 16 |
| Revenue, Department of State Police and the Office of the
| 17 |
| Attorney General for State law enforcement purposes, and | 18 |
| one-third shall be
appropriated to the Department of Revenue | 19 |
| for the purpose of distribution
in the form of grants to | 20 |
| counties or municipalities for law enforcement
purposes. The | 21 |
| amounts of grants to counties or municipalities shall bear
the | 22 |
| same ratio as the number of licenses issued in counties or
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| municipalities bears to the total number of licenses issued in | 24 |
| the State.
In computing the number of licenses issued in a | 25 |
| county, licenses issued for
locations within a municipality's | 26 |
| boundaries shall be excluded.
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| The Department of Revenue shall license suppliers and | 2 |
| manufacturers of
pull tabs and jar games at an annual fee of | 3 |
| $5,000. Suppliers and
manufacturers shall meet the | 4 |
| requirements and qualifications established by
rule by the | 5 |
| Department. Licensed manufacturers shall sell pull tabs and
jar | 6 |
| games only to licensed suppliers. Licensed suppliers shall buy | 7 |
| pull
tabs and jar games only from licensed manufacturers and | 8 |
| shall sell pull
tabs and jar games only to licensed | 9 |
| organizations. Licensed organizations
shall buy pull tabs and | 10 |
| jar games only from licensed suppliers.
| 11 |
| The Department of Revenue shall adopt by rule minimum | 12 |
| quality production
standards for pull tabs and jar games. In | 13 |
| determining such standards, the
Department shall consider the | 14 |
| standards adopted by the National Association
of Gambling | 15 |
| Regulatory Agencies and the National Association of | 16 |
| Fundraising
Ticket Manufacturers. Such standards shall include | 17 |
| the name of the supplier
which shall appear in plain view to | 18 |
| the casual observer on the face side of
each pull tab ticket | 19 |
| and on each jar game ticket. The pull tab
ticket shall contain | 20 |
| the name of the game, the selling price of the ticket,
the | 21 |
| amount of the prize and the serial number of the ticket. The | 22 |
| back side
of a pull tab ticket shall contain a series of | 23 |
| perforated tabs marked "open
here". The logo of the | 24 |
| manufacturer shall be clearly
visible on each jar game ticket.
| 25 |
| The Department of Revenue shall adopt rules necessary to | 26 |
| provide for the
proper accounting and control of activities |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| under this Act, to ensure that
the proper taxes are paid, that | 2 |
| the proceeds from the activities under this
Act are used | 3 |
| lawfully, and to prevent illegal activity associated with the
| 4 |
| use of pull tabs and jar games.
| 5 |
| The provisions of Section 2a of the Retailers' Occupation | 6 |
| Tax Act pertaining
to the furnishing of a bond or other | 7 |
| security are incorporated by reference
into this Act and are | 8 |
| applicable to licensees under this Act as a precondition
of | 9 |
| obtaining a license under this Act. The provisions of Sections | 10 |
| 4, 5,
5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, | 11 |
| 9, 10, 11 and
12 of the Retailers' Occupation Tax Act, and | 12 |
| Section 3-7
of the Uniform Penalty and Interest Act, which are | 13 |
| not inconsistent
with this Act shall apply, as far as | 14 |
| practicable, to the subject matter
of this Act to the same | 15 |
| extent as if such provisions were included in this
Act. For the | 16 |
| purposes of this Act, references in such incorporated Sections
| 17 |
| of the Retailers' Occupation Tax Act to retailers, sellers or | 18 |
| persons
engaged in the business of selling tangible personal | 19 |
| property means persons
engaged in conducting pull tabs and jar | 20 |
| games and references in such
incorporated Sections of the | 21 |
| Retailers' Occupation Tax Act to sales of
tangible personal | 22 |
| property mean the conducting of pull tabs and jar games
and the | 23 |
| making of charges for participating in such drawings.
| 24 |
| (Source: P.A. 87-205; 87-895 .)
| 25 |
| (230 ILCS 20/6) (from Ch. 120, par. 1056)
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
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| 1 |
| Sec. 6. Each licensee must keep a complete record of pull | 2 |
| tabs and jar
games conducted within the previous 3 years in | 3 |
| accordance with rules
therefor adopted by the Department of | 4 |
| Revenue . Such record shall be available for
inspection by any | 5 |
| employee of the Department of Revenue during reasonable
| 6 |
| business hours. The Department may require that any person, | 7 |
| organization, or corporation licensed under this Act obtain | 8 |
| from an Illinois certified public accounting firm at its own | 9 |
| expense a certified and unqualified financial statement and | 10 |
| verification of records of such organization. Failure of a pull | 11 |
| tabs and jar games licensee to comply with this requirement | 12 |
| within 90 days of receiving notice from the Department may | 13 |
| result in suspension or revocation of the licensee's license.
| 14 |
| The Department of Revenue may, at its discretion, suspend or
| 15 |
| revoke
any license if it finds that the licensee or any person | 16 |
| connected therewith
has violated or is violating this Act or | 17 |
| that such drawings are or have
been conducted by a person or | 18 |
| persons of questionable character or affiliation .
A suspension | 19 |
| or revocation shall be in addition to, and not in lieu of, any | 20 |
| other civil penalties or assessments that are authorized by | 21 |
| this Act. No licensee under this Act, while pull tabs and jar | 22 |
| games chances are being
conducted, shall knowingly permit entry | 23 |
| to any part of the licensed premises
by
to any person
who has | 24 |
| been convicted
of a felony or a violation of Article 28 of the | 25 |
| Criminal Code of 1961.
| 26 |
| (Source: P.A. 85-1012.)
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
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| 1 |
| (230 ILCS 20/7) (from Ch. 120, par. 1057)
| 2 |
| Sec. 7. Violations.
| 3 |
| (a) Any person who conducts or knowingly participates in an | 4 |
| unlicensed pull tabs and jar game commits the offense of | 5 |
| gambling in violation of Section 28-1 of the Criminal Code of | 6 |
| 1961, as amended. Any person who violates any other provision | 7 |
| of this Act, or any person who knowingly fails to file a pull | 8 |
| tabs and jar games return or who knowingly files a fraudulent | 9 |
| application or return under this Act, or any person who | 10 |
| wilfully violates any rule or regulation of the Department for | 11 |
| the administration and enforcement of this Act, or any officer | 12 |
| or agent of an organization licensed under this Act who signs a | 13 |
| fraudulent application or return filed on behalf of such an | 14 |
| organization, is guilty of a Class A misdemeanor. | 15 |
| (b) Any organization that illegally conducts pull tabs or | 16 |
| jar games, in addition to other penalties provided for in this | 17 |
| Act, shall be subject to a civil penalty equal to the amount of | 18 |
| gross proceeds derived from those unlicensed games, as well as | 19 |
| confiscation and forfeiture of all pull tabs and jar games | 20 |
| equipment used in the conduct of those unlicensed games. | 21 |
| (c) Any organization licensed to conduct pull tabs and jar | 22 |
| games which allows any form of illegal gambling to be conducted | 23 |
| on the premises where pull tabs and jar games are being | 24 |
| conducted, in addition to other penalties provided for in this | 25 |
| Act, shall be subject to a civil penalty equal to the amount of |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
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| 1 |
| gross proceeds derived on that day from pull tabs and jar games | 2 |
| and any illegal game that may have been conducted, as well as | 3 |
| confiscation and forfeiture of all pull tabs and jar games | 4 |
| equipment used in the conduct of any unlicensed or illegal | 5 |
| games.
Any person who violates this Act, or any person
who | 6 |
| files a fraudulent return under this Act, or any person who | 7 |
| wilfully
violates any rule or regulation of the Department for | 8 |
| the administration
and enforcement of this Act, or any officer | 9 |
| or agent of a corporation licensed
under this Act who signs a | 10 |
| fraudulent return filed on behalf of such corporation,
is | 11 |
| guilty of a Class A misdemeanor.
| 12 |
| (Source: P.A. 85-1012.)
| 13 |
| (230 ILCS 20/7.1 new)
| 14 |
| Sec. 7.1. Law enforcement action. Any law enforcement | 15 |
| agency that takes action relating to the operation of pull tabs | 16 |
| and jar games shall notify the Department of Revenue and | 17 |
| specify the extent of the action taken and the reasons for its | 18 |
| action. | 19 |
| (230 ILCS 20/7.2 new)
| 20 |
| Sec. 7.2. Application of the Illinois Administrative | 21 |
| Procedure Act. The Illinois Administrative Procedure Act shall | 22 |
| apply to all administrative rules and procedures of the | 23 |
| Department of Revenue under this Act, except that (1) paragraph | 24 |
| (b) of Section 5-10 of the Illinois Administrative Procedure |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
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| 1 |
| Act does not apply to final orders, decisions and opinions of | 2 |
| the Department, (2) subparagraph (a)(ii) of Section 5-10 of the | 3 |
| Illinois Administrative Procedure Act does not apply to forms | 4 |
| established by the Department for use under this Act, (3) the | 5 |
| provisions of Section 10-45 of the Illinois Administrative | 6 |
| Procedure Act regarding proposals for decision are excluded and | 7 |
| not applicable to the Department under this Act, and (4) the | 8 |
| provisions of subsection (d) of Section 10-65 of the Illinois | 9 |
| Administrative Procedure Act do not apply so as to prevent | 10 |
| summary suspension of any license pending revocation or other | 11 |
| action, which suspension shall remain in effect unless modified | 12 |
| by the Department or unless the Department's decision is | 13 |
| reversed on the merits in proceedings conducted pursuant to the | 14 |
| Administrative Review Law. | 15 |
| (230 ILCS 20/7.3 new)
| 16 |
| Sec. 7.3. Severability. If any clause, sentence, Section, | 17 |
| provision, or part of this Act, or the application thereof to | 18 |
| any person or circumstance, shall be adjudged to be | 19 |
| unconstitutional, the remainder of this Act or its application | 20 |
| to persons or circumstances other than those to which it is | 21 |
| held invalid shall not be affected thereby.
| 22 |
| Section 10. The Bingo License and Tax Act is amended by | 23 |
| changing Sections 1, 2, 3, 4, 5, and 5.1 and by adding Sections | 24 |
| 1.1, 1.2, 1.3, 1.4, 1.5, and 5.2 as follows: |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| (230 ILCS 25/1) (from Ch. 120, par. 1101)
| 2 |
| Sec. 1. The Department of Revenue shall, upon application | 3 |
| therefor on
forms prescribed by the
such Department, and upon | 4 |
| the payment of a nonrefundable
an
annual fee
of $200 or a | 5 |
| triennial fee of $600 , and
upon a determination by the
| 6 |
| Department that the applicant meets
all of the qualifications | 7 |
| specified in this Act
Section , issue a bingo license for
the | 8 |
| conducting of bingo to any of the following: any bona fide | 9 |
| religious, charitable, labor,
fraternal, youth athletic, | 10 |
| senior citizen, educational or veterans'
organization | 11 |
| organized in Illinois which operates without profit to its
| 12 |
| members, which has been in existence in Illinois continuously | 13 |
| for a period
of 5 years immediately before making application | 14 |
| for a license and which
has had during that entire 5 year | 15 |
| period a bona fide membership engaged in
carrying out its | 16 |
| objects. However, the 5 year requirement shall be
reduced to 2 | 17 |
| years, as applied to a local organization which is affiliated
| 18 |
| with and chartered by a national organization which meets the 5 | 19 |
| year
requirement. Each annual license expires at midnight, June | 20 |
| 30 following
its date
of issuance, except that, beginning with | 21 |
| applicants whose licenses expire
on June 30, 1983, the | 22 |
| Department shall stagger license expiration dates by
dividing | 23 |
| the applicants into 4 groups which are substantially equal in
| 24 |
| number. Licenses issued and license fees charged to applicants | 25 |
| in each
group shall be in accordance with the following |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| schedule:
|
|
2 | | Group No. | License Expiration Date | Fee |
|
3 | | 1 | December 31, 1983 | $100 |
|
4 | | 2 | March 31, 1984 | $150 |
|
5 | | 3 | June 30, 1984 | $200 |
|
6 | | 4 | September 30, 1984 | $250 |
|
7 |
| Each
Following expiration under this schedule, each renewed
| 8 |
| license shall be
in effect for one year from its date of | 9 |
| issuance unless extended, suspended , or revoked
by Department | 10 |
| action before that date. The Department may provide by rule for | 11 |
| an extension of any bingo license issued under this Act. Any | 12 |
| extension provided shall not exceed one year. A licensee may | 13 |
| hold only one license to conduct bingo and that license is | 14 |
| valid for only one location. The Department may authorize by | 15 |
| rule the filing by electronic means of any application, | 16 |
| license, permit, return, or registration required under this | 17 |
| Act. All taxes and fees imposed by this Act, unless otherwise | 18 |
| specified, shall be paid into the General Revenue Fund of the | 19 |
| State Treasury.
After June 30, 1983, every new
annual license | 20 |
| shall expire one year from the date of issuance unless
| 21 |
| suspended or
revoked and every new triennial license issued or | 22 |
| renewed on or after July
1, 2004 shall be in
effect for 3 years | 23 |
| from its date of issuance unless suspended or revoked by
| 24 |
| Department action before that date. A licensee may hold only | 25 |
| one license and
that license is valid
for only one location.
| 26 |
| For purposes of this Act, the following definitions apply: |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
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| 1 |
| "Organization":
A corporation, agency, partnership, | 2 |
| association, firm or other entity
consisting of 2 or more | 3 |
| persons joined by a common interest or purpose.
"Non-profit | 4 |
| organization": An organization or institution organized and
| 5 |
| conducted on a not-for-profit basis with no personal profit | 6 |
| inuring to any
one as a result of the operation. "Charitable | 7 |
| organization": An
organization or institution organized and | 8 |
| operated to benefit an indefinite
number of the public. | 9 |
| "Educational organization": An organization or
institution | 10 |
| organized and operated to provide systematic instruction in
| 11 |
| useful branches of learning by methods common to schools and | 12 |
| institutions
of learning which compare favorably in their scope | 13 |
| and intensity with the
course of study presented in | 14 |
| tax-supported schools. "Religious organization":
Any church, | 15 |
| congregation, society, or organization founded for the purpose
| 16 |
| of religious worship. "Fraternal organization": An | 17 |
| organization of persons,
including but not limited to ethnic | 18 |
| organizations, having a common
interest, organized and | 19 |
| operated exclusively to promote the welfare of its
members and | 20 |
| to benefit the general public on a continuing and consistent
| 21 |
| basis. "Veterans organization": An organization comprised of | 22 |
| members of
which substantially all are individuals who are | 23 |
| veterans or spouses,
widows, or widowers of veterans, the | 24 |
| primary purpose of which is to promote
the welfare of its | 25 |
| members and to provide assistance to the general public
in such | 26 |
| a way as to confer a public benefit. "Labor organization": An
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| organization composed of labor unions or workers organized with | 2 |
| the
objective of betterment of the conditions of those engaged | 3 |
| in such pursuit
and the development of a higher degree of | 4 |
| efficiency in their respective
occupations. "Youth athletic | 5 |
| organization": An organization having as its
exclusive purpose | 6 |
| the promotion and provision of athletic activities for
youth | 7 |
| aged 18 and under. "Senior citizens organization": An | 8 |
| organization
or association comprised of members of which | 9 |
| substantially all are
individuals who are senior citizens, as | 10 |
| defined in Section 3.05 of the
Illinois Act on the Aging, the | 11 |
| primary purpose of which is to promote the
welfare of its | 12 |
| members.
| 13 |
| Licensing for the conducting of bingo is subject to the | 14 |
| following
restrictions:
| 15 |
| (1) The license application, when submitted to the | 16 |
| Department of Revenue,
must contain a sworn statement | 17 |
| attesting to the not-for-profit character
of the | 18 |
| prospective licensee organization, signed by the presiding | 19 |
| officer
and the secretary of that organization.
| 20 |
| (2) The application for license shall be prepared in | 21 |
| accordance with the
rules of the Department of Revenue.
| 22 |
| (3) Each license shall state which day of the week and | 23 |
| at what location
the licensee is permitted to conduct | 24 |
| bingo. The Department may, on special
application made by | 25 |
| any organization having a bingo license, issue a special
| 26 |
| operator's permit for conducting bingo at other premises |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
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| 1 |
| and on other days
not exceeding 7 consecutive days, except | 2 |
| that a licensee may conduct bingo
at the Illinois State | 3 |
| Fair or any county fair held in Illinois during each
day | 4 |
| that the fair is in effect; such bingo games conducted at | 5 |
| the Illinois
State Fair or a county fair shall not require | 6 |
| a special operator's permit.
No more than 2 special | 7 |
| operator's permits may be issued in one year to any
one | 8 |
| organization. Any organization, qualified for a license | 9 |
| but not
holding one, upon application and payment of a $50 | 10 |
| fee may receive a
limited license to conduct bingo at no | 11 |
| more than 2 indoor or outdoor
festivals in a year for a | 12 |
| maximum of 5 days on each occasion or, upon
application and | 13 |
| payment of a $150 fee, may receive a limited license to | 14 |
| conduct
bingo at no more than 2 indoor or outdoor festivals | 15 |
| in a year for up to 3 years
for a maximum of 5 days on each | 16 |
| occasion. Such limited
license shall be prominently | 17 |
| displayed at the site of the bingo games.
| 18 |
| (4) The licensee shall display a license in a prominent | 19 |
| place in the area
where it is to conduct bingo.
| 20 |
| (5) The proceeds from the license fee imposed by this | 21 |
| Act shall be paid
into the General Revenue Fund of the | 22 |
| State Treasury.
| 23 |
| (6) A license authorizes the licensee to conduct the | 24 |
| game commonly known
as bingo, in which prizes are awarded | 25 |
| on the basis of designated numbers
or symbols on a card | 26 |
| conforming to numbers or symbols selected at random.
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
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| 1 |
| (7) The Director has the power to issue or to refuse to | 2 |
| issue a license
permitting a person, firm or corporation to | 3 |
| provide premises for the
conduct of bingo; provided, | 4 |
| however, that a municipality shall not be
required to | 5 |
| obtain a license to provide such premises. The fee for such
| 6 |
| providers' license is $200. A person, firm or corporation | 7 |
| holding such a
license may receive reasonable expenses for | 8 |
| providing premises for
conducting bingo. Reasonable | 9 |
| expenses shall include only those expenses
defined as | 10 |
| reasonable by rules promulgated by the Department.
| 11 |
| (8) The Department may issue restricted licenses to | 12 |
| senior citizens
organizations. The fee for a restricted | 13 |
| license is $10 per year
or $30 for 3 years. Restricted | 14 |
| licenses shall be subject to the following
conditions:
| 15 |
| (A) Bingo shall be conducted only at a facility | 16 |
| which is owned by a unit
of local government to which | 17 |
| the corporate authorities have given their
approval | 18 |
| and which is used to provide social services or a
| 19 |
| meeting place to senior citizens, or in common areas in | 20 |
| multi-unit federally
assisted rental housing | 21 |
| maintained solely for the elderly and handicapped;
| 22 |
| (B) The price paid for a single card shall not | 23 |
| exceed 5 cents;
| 24 |
| (C) The aggregate retail value of all prizes or | 25 |
| merchandise awarded in
any one game of bingo shall not | 26 |
| exceed $1;
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| (D) No person or organization shall participate in | 2 |
| the management or
operation of bingo under a restricted | 3 |
| license if the person or organization
would be | 4 |
| ineligible for a license under this Section;
| 5 |
| (E) No license is required to provide premises for | 6 |
| bingo conducted under
a restricted license; and
| 7 |
| (F) The Department may, by rule, exempt restricted | 8 |
| licensees from such
requirements of this Act as the | 9 |
| Department may deem appropriate.
| 10 |
| The Director has the power to issue a license permitting an | 11 |
| Illinois person,
firm or corporation to sell, lease or | 12 |
| distribute to any organization licensed
to conduct bingo games | 13 |
| or to any licensed bingo supplier all cards, boards,
sheets, | 14 |
| markers, pads and all other supplies, devices and equipment
| 15 |
| designed for use in the play of bingo. No person, firm or | 16 |
| corporation shall
sell, lease or distribute bingo supplies or | 17 |
| equipment without having first
obtained a license therefor upon | 18 |
| written application made, verified and
filed with the | 19 |
| Department in the form prescribed by the rules and
regulations | 20 |
| of the Department. The fee for such license is $200.
| 21 |
| Applications for providers' and suppliers' licenses shall | 22 |
| be made in writing
in accordance with Department rules. Each | 23 |
| providers' or suppliers' license
is valid for one year from | 24 |
| date of issuance, unless suspended or revoked by
Department | 25 |
| action before that date.
| 26 |
| The following are ineligible for any license under this |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| Act:
| 2 |
| (a) any person who has been convicted of a felony;
| 3 |
| (b) any person who has been convicted of a violation of | 4 |
| Article 28 of
the "Criminal Code of 1961";
| 5 |
| (c) any person found gambling, participating in | 6 |
| gambling or knowingly
permitting gambling on premises | 7 |
| where bingo is being conducted;
| 8 |
| (d) any firm or corporation in which a person defined | 9 |
| in (a), (b) or (c)
has a proprietary, equitable or credit | 10 |
| interest, or in which such person
is active or employed;
| 11 |
| (e) any organization in which a person defined in (a), | 12 |
| (b) or (c) is an
officer, director, or employee, whether | 13 |
| compensated or not;
| 14 |
| (f) any organization in which a person defined in (a), | 15 |
| (b) or (c) is to
participate in the management or operation | 16 |
| of a bingo game.
| 17 |
| (Source: P.A. 93-742, eff. 7-15-04.)
| 18 |
| (230 ILCS 25/1.1 new) | 19 |
| Sec. 1.1. Definitions. For purposes of this Act, the | 20 |
| following definitions apply: | 21 |
| "Bingo" means a game in which each player has a card or | 22 |
| board for which a consideration has been paid, containing 5 | 23 |
| horizontal rows of spaces, with each row except the central one | 24 |
| containing 5 figures. The central row has 4 figures with the | 25 |
| word "free" marked in the center space. "Bingo" includes games |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| that otherwise qualify under this paragraph, except for the use | 2 |
| of cards where the figures are not preprinted but are filled in | 3 |
| by the players. A player wins a game of bingo by completing a | 4 |
| preannounced combination of spaces or, in the absence of a | 5 |
| preannouncement of a combination of spaces, any combination of | 6 |
| 5 spaces in a row, vertically, horizontally, or diagonally. | 7 |
| "Bingo equipment" means any equipment or machinery | 8 |
| designed or used for the play of bingo. "Bingo equipment" does | 9 |
| not include electronic equipment. | 10 |
| "Charitable organization" means an organization or | 11 |
| institution organized and operated to benefit an indefinite | 12 |
| number of the public. | 13 |
| "Department" means the Department of Revenue. | 14 |
| "Educational organization" means an organization or | 15 |
| institution organized and operated to provide systematic | 16 |
| instruction in useful branches of learning by methods common to | 17 |
| schools and institutions of learning which compare favorably in | 18 |
| their scope and intensity with the course of study presented in | 19 |
| tax-supported schools. | 20 |
| "Fraternal organization" means an organization of persons | 21 |
| having a common interest that is organized and operated | 22 |
| exclusively to promote the welfare of its members and to | 23 |
| benefit the general public on a continuing and consistent | 24 |
| basis, including but not limited to ethnic organizations. | 25 |
| "Holiday" means any of the holidays listed in Section 17 of | 26 |
| the Promissory Note and Bank Holiday Act. |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| "Labor organization" means an organization composed of | 2 |
| labor unions or workers organized with the objectives of | 3 |
| betterment of the conditions of those engaged in such pursuit | 4 |
| and the development of a higher degree of efficiency in their | 5 |
| respective occupations. | 6 |
| "Licensed organization" means a qualified organization | 7 |
| that has obtained a license to conduct bingo in conformance | 8 |
| with the provisions of this Act. | 9 |
| "Limited license" means a license issued to an organization | 10 |
| that is not a licensed organization, but that is otherwise | 11 |
| eligible for a regular license to conduct bingo. A limited | 12 |
| license authorizes the conduct of bingo at up to 2 indoor or | 13 |
| outdoor festivals during the calendar year for which the | 14 |
| license is issued for a maximum of 5 consecutive days on each | 15 |
| occasion. | 16 |
| "Non-profit organization" means an organization or | 17 |
| institution organized and conducted on a not-for-profit basis | 18 |
| with no personal profit inuring to anyone as a result of the | 19 |
| operation. | 20 |
| "Organization" means a corporation, agency, partnership, | 21 |
| association, firm, business or other entity consisting of 2 or | 22 |
| more persons joined by a common interest or purpose. | 23 |
| "Person" means any natural individual, corporation, | 24 |
| partnership, limited liability company, organization (as | 25 |
| defined in this Section), licensee under this Act, or | 26 |
| volunteer. |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| "Provider" means any person or organization, except a city, | 2 |
| village, or incorporated town that owns or leases premises to | 3 |
| an organization for the conduct of bingo. | 4 |
| "Regular license" means a license authorizing its holder to | 5 |
| conduct one session of bingo per week on the date and at the | 6 |
| time and location stated on the license. | 7 |
| "Religious organization" means any church, congregation, | 8 |
| society, or organization founded for the purpose of religious | 9 |
| worship. | 10 |
| "Senior citizens organization" means an organization or | 11 |
| association comprised of members of which substantially all are | 12 |
| individuals who are senior citizens, as defined in the Illinois | 13 |
| Act on the Aging, the primary purpose of which is to promote | 14 |
| the welfare of its members. | 15 |
| "Special games" means bingo games that may be designated as | 16 |
| such, played a maximum of 5 times during a bingo session and | 17 |
| are distinguished from regular games only by the maximum price | 18 |
| that may be charged for the bingo cards used. | 19 |
| "Special permit" means the ability of a licensee who | 20 |
| currently holds a license to be granted a permit to conduct | 21 |
| bingo at other premises or on other days not exceeding 5 | 22 |
| consecutive days. | 23 |
| "Supplier" means any person, firm, or corporation that | 24 |
| sells, leases, or distributes to any organization licensed to | 25 |
| conduct bingo or to any licensed bingo supplier, cards, boards, | 26 |
| sheets, markers, pads and any other supplies, devices and |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| equipment designed for use in the play of bingo. | 2 |
| "Veterans' organization" means an organization comprised | 3 |
| of members of which substantially all are individuals who are | 4 |
| veterans or spouses, widows, or widowers of veterans, the | 5 |
| primary purpose of which is to promote the welfare of its | 6 |
| members and to provide assistance to the general public in such | 7 |
| a way as to confer a public benefit. | 8 |
| "Volunteer" means a person recruited by an organization who | 9 |
| voluntarily performs services at a bingo event, including | 10 |
| participation in the management or operation of a game. | 11 |
| "Youth athletic organization" means an organization having | 12 |
| as its exclusive purpose the promotion and provision of | 13 |
| athletic activities for youth aged 18 and under.
| 14 |
| (230 ILCS 25/1.2 new)
| 15 |
| Sec. 1.2. Ineligibility for licensure. The following are | 16 |
| ineligible for any license under this Act: | 17 |
| (1) Any person who has been convicted of a felony | 18 |
| within the last 10 years prior to the date of application. | 19 |
| (2) Any person who has been convicted of a violation of | 20 |
| Article 28 of the Criminal Code of 1961. | 21 |
| (3) Any person who has had a bingo, pull tabs and jar | 22 |
| games, or charitable games license revoked by the | 23 |
| Department. | 24 |
| (4) Any person who is or has been a professional | 25 |
| gambler. |
|
|
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| (5) Any person found gambling in a manner not | 2 |
| authorized by the Illinois Pull Tabs and Jar Games Act, | 3 |
| Bingo License and Tax Act, or the Charitable Games Act, | 4 |
| participating in such gambling, or knowingly permitting | 5 |
| such gambling on premises where a bingo event is authorized | 6 |
| to be conducted or has been conducted. | 7 |
| (6) Any organization in which a person defined in (1), | 8 |
| (2), (3), (4), or (5) has a proprietary, equitable, or | 9 |
| credit interest, or in which such person is active or | 10 |
| employed. | 11 |
| (7) Any organization in which a person defined in (1), | 12 |
| (2), (3), (4), or (5) is an officer, director, or employee, | 13 |
| whether compensated or not. | 14 |
| (8) Any organization in which a person defined in (1), | 15 |
| (2), (3), (4), or (5) is to participate in the management | 16 |
| or operation of a bingo game. | 17 |
| The Department of State Police shall provide the criminal | 18 |
| background of any person requested by the Department of | 19 |
| Revenue. | 20 |
| (230 ILCS 25/1.3 new)
| 21 |
| Sec. 1.3. Restrictions on licensure. Licensing for the | 22 |
| conducting of bingo is subject to the following restrictions: | 23 |
| (1) The license application, when submitted to the | 24 |
| Department, must contain a sworn statement attesting to the | 25 |
| not-for-profit character of the prospective licensee |
|
|
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| organization, signed by a person listed on the application | 2 |
| as an owner, officer, or other person in charge of the | 3 |
| necessary day-to-day operations of that organization. | 4 |
| (2) The license application shall be prepared in | 5 |
| accordance with the rules of the Department. | 6 |
| (3) The licensee shall prominently display the license | 7 |
| in the area where the licensee conducts bingo. The licensee | 8 |
| shall likewise display, in the form and manner as | 9 |
| prescribed by the Department, the provisions of Section 8 | 10 |
| of this Act. | 11 |
| (4) Each license shall state the day of the week, hours | 12 |
| and at which location the licensee is permitted to conduct | 13 |
| bingo games. | 14 |
| (5) A license is not assignable or transferable. | 15 |
| (6) A license authorizes the licensee to conduct the | 16 |
| game commonly known as bingo, in which prizes are awarded | 17 |
| on the basis of designated numbers or symbols on a card | 18 |
| conforming to numbers or symbols selected at random. | 19 |
| (7) The Department may, on special application made by | 20 |
| any organization having a bingo license, issue a special | 21 |
| permit for conducting bingo at other premises and on other | 22 |
| days not exceeding 5 consecutive days, except that a | 23 |
| licensee may conduct bingo at the Illinois State Fair or | 24 |
| any county fair held in Illinois during each day that the | 25 |
| fair is held, without a fee. Bingo games conducted at the | 26 |
| Illinois State Fair or a county fair shall not require a |
|
|
|
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| special permit. No more than 2 special permits may be | 2 |
| issued in one year to any one organization. | 3 |
| (8) Any organization qualified for a license but not | 4 |
| holding one may, upon application and payment of a | 5 |
| nonrefundable fee of $50, receive a limited license to | 6 |
| conduct bingo games at no more than 2 indoor or outdoor | 7 |
| festivals in a year for a maximum of 5 consecutive days on | 8 |
| each occasion. No more than 2 limited licenses under this | 9 |
| item (7) may be issued to any organization in any year. A | 10 |
| limited license must be prominently displayed at the site | 11 |
| where the bingo games are conducted. | 12 |
| (9) Senior citizens organizations may conduct bingo | 13 |
| without a license or fee, subject to the following | 14 |
| conditions: | 15 |
| (A) bingo shall be conducted only at a facility | 16 |
| that is owned by a unit of local government to which | 17 |
| the corporate authorities have given their approval | 18 |
| and that is used to provide social services or a | 19 |
| meeting place to senior citizens, or in common areas in | 20 |
| multi-unit federally assisted rental housing | 21 |
| maintained solely for the elderly and handicapped; | 22 |
| (B) the price paid for a single card shall not | 23 |
| exceed 5 cents; | 24 |
| (C) the aggregate retail value of all prizes or | 25 |
| merchandise awarded in any one game of bingo shall not | 26 |
| exceed $1; |
|
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| (D) no person or organization shall participate in | 2 |
| the management or operation of bingo under this item | 3 |
| (9) if the person or organization would be ineligible | 4 |
| for a license under this Section; and | 5 |
| (E) no license is required to provide premises for | 6 |
| bingo conducted under this item (9). | 7 |
| (10) Bingo equipment shall not be used for any purpose | 8 |
| other than for the play of bingo. | 9 |
| (230 ILCS 25/1.4 new)
| 10 |
| Sec. 1.4. Providers' license. The Department shall issue a | 11 |
| providers' license permitting a person, firm, or corporation to | 12 |
| provide premises for the conduct of bingo. No person, firm or | 13 |
| corporation may rent or otherwise provide premises without | 14 |
| having first obtained a license. Applications for providers' | 15 |
| licenses shall be made in writing in accordance with Department | 16 |
| rules. The Department shall license providers of bingo at a | 17 |
| nonrefundable annual fee of $200, or a nonrefundable triennial | 18 |
| fee of $600. Each providers' license is valid for one year from | 19 |
| date of issuance, or 3 years from date of issuance for a | 20 |
| triennial license, unless extended, suspended, or revoked by | 21 |
| Department action before that date. Any extension of a | 22 |
| providers' license shall not exceed one year. A municipality | 23 |
| shall not be required to obtain a license to provide such | 24 |
| premises. A provider may receive reasonable expenses for | 25 |
| providing premises for conducting bingo. Reasonable expenses |
|
|
|
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| shall include only those expenses defined as reasonable by | 2 |
| rules promulgated by the Department. | 3 |
| (230 ILCS 25/1.5 new)
| 4 |
| Sec. 1.5. Suppliers' license. The Department shall issue a | 5 |
| suppliers' license permitting a person, firm, or corporation to | 6 |
| sell, lease, lend or distribute to any organization licensed to | 7 |
| conduct bingo, supplies, devices and other equipment designed | 8 |
| for use in the playing of bingo. No person, firm or corporation | 9 |
| shall sell, lease, lend or distribute bingo supplies or | 10 |
| equipment without having first obtained a license. | 11 |
| Applications for suppliers' licenses shall be made in writing | 12 |
| in accordance with Department rules. The Department shall | 13 |
| license suppliers of bingo subject to a nonrefundable annual | 14 |
| fee of $200, or a nonrefundable triennial fee of $600. Each | 15 |
| suppliers' license is valid for one year from date of issuance, | 16 |
| or 3 years from date of issuance for a triennial license, | 17 |
| unless extended, suspended, or revoked by Department action | 18 |
| before that date. Any extension of a providers' license shall | 19 |
| not exceed one year. No licensed supplier under this Act shall | 20 |
| sell, lease, lend, distribute or allow the use of any supplies, | 21 |
| devices or equipment designed for use in the play of bingo for | 22 |
| the conducting of anything other than bingo or to any person or | 23 |
| organization not otherwise licensed under this Act.
| 24 |
| (230 ILCS 25/2) (from Ch. 120, par. 1102)
|
|
|
|
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| 1 |
| Sec. 2. The conducting of bingo is subject to the following | 2 |
| restrictions:
| 3 |
| (1) The entire net proceeds from bingo play must be | 4 |
| exclusively devoted
to the lawful purposes of the organization | 5 |
| permitted to conduct that game.
| 6 |
| (2) (Blank).
| 7 |
| (2.5) No person except a bona fide member or employee of | 8 |
| the sponsoring organization may participate in the management | 9 |
| or operation of bingo.
| 10 |
| (3) No person may receive any remuneration or profit for | 11 |
| participating
in the management or operation of the game, | 12 |
| except that if an organization
licensed under this Act is | 13 |
| associated with a school or other educational
institution, that | 14 |
| school or institution may reduce tuition or fees for a
| 15 |
| designated pupil based on participation in the management or | 16 |
| operation of
the game by any member of the organization. The | 17 |
| extent to which tuition and
fees are reduced shall relate | 18 |
| proportionately to the amount of time volunteered
by the | 19 |
| member, as determined by the school or other educational | 20 |
| institution.
| 21 |
| (4) The aggregate retail value of all prizes or merchandise | 22 |
| awarded in
any single day of bingo may not exceed $2,250, | 23 |
| except that in adjoining
counties having 200,000 to 275,000 | 24 |
| inhabitants each, and in counties which
are adjacent to either | 25 |
| of such adjoining counties and are adjacent to a
total of not | 26 |
| more than 2 counties in this State, and in any municipality
|
|
|
|
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| 1 |
| having 2,500 or more inhabitants and within one mile of such | 2 |
| adjoining and
adjacent counties having less than 25,000 | 3 |
| inhabitants, 2 additional bingo
games may be conducted after | 4 |
| the $2,250 limit has been reached. The prize
awarded for any | 5 |
| one game, including any game conducted after reaching
the | 6 |
| $2,250 limit as authorized in this paragraph (4), may not | 7 |
| exceed $500
cash or its equivalent.
| 8 |
| (5) The number of games , including regular and special | 9 |
| games, may not exceed 25 in any one day including regular
and | 10 |
| special games , except that this restriction on the number of | 11 |
| games
shall not apply to bingo conducted at the Illinois State | 12 |
| Fair or any county
fair held in Illinois.
| 13 |
| (6) The price paid for a single card under the license may | 14 |
| not exceed
$1 and such card is valid for all regular games on | 15 |
| that day of bingo.
A maximum of 5 special games may be held on | 16 |
| each bingo day, except that
this restriction on the number of | 17 |
| special games shall not apply to bingo
conducted at the | 18 |
| Illinois State Fair or any county fair held in Illinois.
The | 19 |
| price for a single special game card may not exceed 50 cents.
| 20 |
| (7) The number of bingo days conducted by a licensee under | 21 |
| this Act is
limited to one per week, except as follows:
| 22 |
| (i) Bingo may be conducted in accordance with the terms | 23 |
| of a special
operator's permit or limited license issued | 24 |
| under subdivision (7) or (8) of Section 1.3
(3) of Section | 25 |
| 1 .
| 26 |
| (ii) Bingo may be conducted at the Illinois State Fair
|
|
|
|
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| 1 |
| or any county fair held in Illinois under subdivision (6) | 2 |
| of Section 1.3
(3) of Section 1 .
| 3 |
| (iii) A licensee which cancels a day of bingo because | 4 |
| of inclement
weather or because the day is a holiday or the | 5 |
| eve of a holiday may, after
giving notice to the | 6 |
| Department, conduct bingo on an additional date which
falls | 7 |
| on a day of the week other than the day authorized under | 8 |
| the license. As
used in this subdivision (iii), "holiday" | 9 |
| means any of the holidays listed in
Section 17 of the | 10 |
| Promissory Note and Bank Holiday Act.
| 11 |
| (8) A licensee may rent a premises on which to conduct | 12 |
| bingo only from
an organization which is licensed as a provider | 13 |
| of premises or exempt from
license requirements under this Act. | 14 |
| If the organization providing the premises
is a metropolitan | 15 |
| exposition, auditorium, and office building authority created
| 16 |
| by State law, a licensee may enter into a rental agreement with | 17 |
| the
organization authorizing the licensee and the organization | 18 |
| to share the gross
proceeds of bingo games; however, the | 19 |
| organization shall not receive more than
50% of the gross | 20 |
| proceeds.
| 21 |
| (9) No person under the age of 18 years may play or | 22 |
| participate in the
conducting of bingo. Any person under the | 23 |
| age of 18 years may be within the
area where bingo is being | 24 |
| played only when accompanied by his parent or
guardian.
| 25 |
| (10) The promoter of bingo games must have a proprietary | 26 |
| interest in the
game promoted.
|
|
|
|
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| 1 |
| (11) Raffles or other forms of gambling prohibited by law | 2 |
| shall not be
conducted on the premises where bingo is being | 3 |
| conducted, except that
pull tabs and jar games conducted under | 4 |
| the Illinois Pull Tabs and Jar
Games Act may be conducted on | 5 |
| the premises where bingo is being conducted.
Prizes awarded in | 6 |
| pull tabs and jar games shall not be included in the
bingo | 7 |
| prize limitation.
| 8 |
| (12) Organizations may be issued a special permit or | 9 |
| limited license no more than 2 times in any year. An | 10 |
| organization holding a special operator's permit or a limited
| 11 |
| license may, as one of the occasions allowed by such permit or | 12 |
| license,
conduct bingo for a maximum of 2 consecutive days . If | 13 |
| an organization conducts bingo pursuant to a limited license or | 14 |
| special permit, then , during each day of which
the number of | 15 |
| games played during each day may exceed 25, and regular game | 16 |
| cards need not be valid
for all regular games. If only noncash | 17 |
| prizes are awarded during such
occasions, the prize limits | 18 |
| stated in subdivision
paragraph (4) of this Section shall
not | 19 |
| apply, provided that the retail value of noncash prizes for any | 20 |
| single
game shall not exceed $150.
| 21 |
| (Source: P.A. 92-305, eff. 8-9-01.)
| 22 |
| (230 ILCS 25/3) (from Ch. 120, par. 1103)
| 23 |
| Sec. 3. There shall be paid to the Department of Revenue, | 24 |
| 5% of the gross
proceeds of any game of bingo conducted under | 25 |
| the provision of this Act.
Such payments shall be made 4 times |
|
|
|
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| 1 |
| per year, between the first and the
20th day of April, July, | 2 |
| October and January. Payment must be by money
order or | 3 |
| certified check. Accompanying each payment shall be a return
| 4 |
| report ,
on forms prescribed
provided by the Department of | 5 |
| Revenue , listing the number of games
conducted, the gross | 6 |
| income derived and such other information as the
Department of | 7 |
| Revenue may require . Failure to submit either the payment or
| 8 |
| the return
report within the specified time may result in | 9 |
| suspension or revocation
of the license. Tax returns filed | 10 |
| pursuant to this Act shall not be confidential and shall be | 11 |
| available for public inspection.
| 12 |
| All payments made to the Department of Revenue under this | 13 |
| Section shall be deposited as follows: | 14 |
| (1) 50% shall be deposited in the Mental Health Fund; | 15 |
| and | 16 |
| (2) 50% shall be deposited in the Common School Fund.
| 17 |
|
The provisions of Section 2a of the Retailers' Occupation | 18 |
| Tax Act pertaining
to the furnishing of a bond or other | 19 |
| security are incorporated by reference
into this Act and are | 20 |
| applicable to licensees under this Act as a precondition
of | 21 |
| obtaining a license under this Act. The Department shall | 22 |
| establish by
rule the standards and criteria it will use in | 23 |
| determining whether to require
the furnishing of a bond or | 24 |
| other security, the amount of such bond or other
security, | 25 |
| whether to require the furnishing of an additional bond or | 26 |
| other
security by a licensee, and the amount of such additional |
|
|
|
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| 1 |
| bond or other
security. Such standards and criteria may include | 2 |
| payment history, general
financial condition or other factors | 3 |
| which may pose risks to insuring the
payment to the Department | 4 |
| of Revenue, of applicable taxes. Such rulemaking
is subject to | 5 |
| the provisions of the Illinois Administrative Procedure Act.
| 6 |
| The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, | 7 |
| 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | 8 |
| Occupation
Tax Act which are not inconsistent with this Act,
| 9 |
| and Section 3-7 of the
Uniform Penalty and Interest Act , which | 10 |
| are not inconsistent with this Act, shall apply, as far as
| 11 |
| practicable, to the subject matter of this Act to the same | 12 |
| extent as if
such provisions were included in this Act. Tax | 13 |
| returns filed pursuant to
this Act shall not be confidential | 14 |
| and shall be available for public
inspection. For the purposes | 15 |
| of this Act, references in such incorporated
Sections of the | 16 |
| Retailers' Occupation Tax Act to retailers, sellers or
persons | 17 |
| engaged in the business of selling tangible personal property | 18 |
| means
persons engaged in conducting bingo games, and references | 19 |
| in such
incorporated Sections of the Retailers' Occupation Tax | 20 |
| Act to sales of
tangible personal property mean the conducting | 21 |
| of bingo games and the
making of charges for playing such | 22 |
| games.
| 23 |
| One-half of all of the sums collected under this Section | 24 |
| shall be deposited
into the Mental Health Fund and 1/2 of all | 25 |
| of the sums collected under this
Section shall be deposited in | 26 |
| the Common School Fund.
|
|
|
|
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|
| 1 |
| (Source: P.A. 87-205; 87-895 .)
| 2 |
| (230 ILCS 25/4) (from Ch. 120, par. 1104)
| 3 |
| Sec. 4. Each licensee must keep a complete record of bingo | 4 |
| games conducted
within the previous 3 years. Such record shall | 5 |
| be available for
open to inspection by
any employee of the | 6 |
| Department of Revenue during reasonable business hours.
| 7 |
| The Department
Director may require that any person, | 8 |
| organization or corporation
licensed under this Act obtain from | 9 |
| an Illinois certified public accounting
firm at its own expense | 10 |
| a certified and unqualified financial statement
and | 11 |
| verification of records of such organization.
Failure of a | 12 |
| bingo licensee to comply with this requirement within 90
days | 13 |
| of receiving notice from the Director may
result in suspension | 14 |
| or revocation of the licensee's license.
| 15 |
| The Department of Revenue may, at its discretion, suspend | 16 |
| or revoke
any license if
where it finds that the licensee or | 17 |
| any person connected therewith
has violated or is violating the | 18 |
| provisions of this Act. A suspension or revocation shall be in | 19 |
| addition to, and not in lieu of, any other civil penalties or | 20 |
| assessments that are authorized by this Act. No licensee under
| 21 |
| this Act, while a bingo game is being conducted, shall | 22 |
| knowingly permit
the entry into any part of the licensed | 23 |
| premises by any person
who has been convicted of a felony or a | 24 |
| violation of
Article 28 of the "Criminal Code of 1961".
| 25 |
| (Source: P.A. 82-967.)
|
|
|
|
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|
| 1 |
| (230 ILCS 25/5) (from Ch. 120, par. 1105)
| 2 |
| Sec. 5. Penalties.
| 3 |
| (a) Any person who conducts or knowingly participates in an
| 4 |
| unlicensed bingo game commits the offense of gambling in | 5 |
| violation of
Section 28-1 of the Criminal Code of 1961, as | 6 |
| amended. Any person who
violates any other provision of this | 7 |
| Act, or any person who
knowingly fails to file a bingo return | 8 |
| or who knowingly files a fraudulent
application or return
under | 9 |
| this Act, or any person who wilfully
violates any rule or | 10 |
| regulation of the Department for the administration
and | 11 |
| enforcement of this Act, or any officer or agent of an | 12 |
| organization
or a corporation
licensed under this Act who signs | 13 |
| a fraudulent application or return filed on behalf of
such an | 14 |
| organization or corporation , is guilty of a Class A | 15 |
| misdemeanor.
| 16 |
| (b) Any organization
In addition to other penalties | 17 |
| provided for in this Act, organizations
or corporations that | 18 |
| illegally conducts bingo, in addition to other penalties | 19 |
| provided for in this Act,
play bingo shall be subject to a | 20 |
| civil penalty
equal to the gross proceeds derived from those
| 21 |
| unlicensed games, as well as confiscation and forfeiture of all | 22 |
| bingo equipment
used in the conduct of those unlicensed games.
| 23 |
| (c) Any organization licensed to conduct bingo which allows | 24 |
| any form of illegal gambling to be conducted on the premises | 25 |
| where bingo is being conducted, in addition to other penalties |
|
|
|
HB3649 Engrossed |
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|
| 1 |
| provided for in this Act, shall be subject to a civil penalty | 2 |
| equal to the amount of gross proceeds derived on that day from | 3 |
| bingo and any illegal game that may have been conducted, as | 4 |
| well as confiscation and forfeiture of all bingo equipment used | 5 |
| in the conduct of any unlicensed or illegal games. | 6 |
| (d) Any person or organization, in addition to other | 7 |
| penalties provided for in this Act, shall be subject to a civil | 8 |
| penalty not to exceed $5,000 for any of the following | 9 |
| violations: | 10 |
| (1) Providing premises for the conduct of bingo without | 11 |
| first obtaining a license or a special permit to do so. | 12 |
| (2) Allowing unlicensed organizations to conduct bingo | 13 |
| on its premises. | 14 |
| (3) Allowing any form of illegal gambling to be | 15 |
| conducted on the premises where bingo is being conducted.
| 16 |
| (Source: P.A. 84-221.)
| 17 |
| (230 ILCS 25/5.1) (from Ch. 120, par. 1105.1)
| 18 |
| Sec. 5.1. The Illinois Administrative Procedure Act is | 19 |
| hereby expressly
adopted and shall apply to all administrative | 20 |
| rules and procedures of the
Department of Revenue under this | 21 |
| Act, except that (1) paragraph (b) of Section
5-10 of the | 22 |
| Illinois Administrative Procedure Act does not apply to final
| 23 |
| orders, decisions and opinions of the Department, (2) | 24 |
| subparagraph (a)(ii) of
Section 5-10 of the Illinois | 25 |
| Administrative Procedure Act does not apply to
forms |
|
|
|
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|
| 1 |
| established by the Department for use under this Act, and (3) | 2 |
| the
provisions of Section 10-45 of the Illinois Administrative | 3 |
| Procedure Act
regarding proposals for decision are excluded and | 4 |
| not applicable to the
Department under this Act , and (4) the | 5 |
| provisions of subsection (d) of Section 10-65 of the Illinois | 6 |
| Administrative Procedure Act do not apply so as to prevent | 7 |
| summary suspension of any license pending revocation or other | 8 |
| action, which suspension shall remain in effect unless modified | 9 |
| by the Department or unless the Department's decision is | 10 |
| reversed on the merits in proceedings conducted pursuant to the | 11 |
| Administrative Review Law .
| 12 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 13 |
| (230 ILCS 25/5.2 new)
| 14 |
| Sec. 5.2. Law enforcement action. Any law enforcement | 15 |
| agency that takes action relating to the operation of a bingo | 16 |
| game shall notify the Department of Revenue and specify the | 17 |
| extent of the action taken and the reasons for the action.
| 18 |
| Section 15. The Charitable Games Act is amended by changing | 19 |
| Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 and by adding | 20 |
| Section 14.1 as follows:
| 21 |
| (230 ILCS 30/2) (from Ch. 120, par. 1122)
| 22 |
| Sec. 2. Definitions. For purposes of this Act, the | 23 |
| following definitions
apply:
|
|
|
|
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|
| 1 |
| "Charitable games" means the 14 games of chance involving | 2 |
| cards, dice, wheels, random selection of numbers, and gambling | 3 |
| tickets which may be conducted at charitable games events | 4 |
| listed as follows: roulette, blackjack, poker, pull tabs, | 5 |
| craps, bang, beat the dealer, big six, gin rummy, five card | 6 |
| stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | 7 |
| wheel. | 8 |
| "Charitable games event" or "event" means the type of | 9 |
| fundraising event authorized by the Act at which participants | 10 |
| pay to play charitable games for the chance of winning cash or | 11 |
| noncash prizes. | 12 |
| "Charitable organization" means an organization or | 13 |
| institution organized and operated to benefit an indefinite | 14 |
| number of the public. | 15 |
| "Chips" means scrip, play money, poker or casino chips, or | 16 |
| any other representations of money, used to make wagers on the | 17 |
| outcome of any charitable game. | 18 |
| "Department" means the Department of Revenue.
| 19 |
| "Educational organization" means an organization or | 20 |
| institution organized and operated to provide systematic | 21 |
| instruction in useful branches of learning by methods common to | 22 |
| schools and institutions of learning which compare favorably in | 23 |
| their scope and intensity with the course of study presented in | 24 |
| tax-supported schools. | 25 |
| "Fraternal organization" means an organization of persons | 26 |
| having a common interest that is organized and operated |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| exclusively to promote the welfare of its members and to | 2 |
| benefit the general public on a continuing and consistent | 3 |
| basis, including but not limited to ethnic organizations.
| 4 |
| "Labor organization" means an organization composed of | 5 |
| labor unions or
workers organized with the objective of | 6 |
| betterment of the conditions of
those engaged in such pursuit | 7 |
| and the development of a higher degree of
efficiency in their | 8 |
| respective occupations.
| 9 |
| "Licensed organization" means a qualified organization | 10 |
| that has obtained a license to conduct a charitable games event | 11 |
| in conformance with the provisions of this Act. | 12 |
| "Non-profit organization" means an organization or | 13 |
| institution organized and conducted on a not-for-profit basis | 14 |
| with no personal profit inuring to anyone as a result of the | 15 |
| operation.
| 16 |
| "Organization": A corporation, agency, partnership, | 17 |
| institution,
association, firm , business, or other entity | 18 |
| consisting of 2 or more persons joined by
a common interest or | 19 |
| purpose.
| 20 |
| "Person" means any natural individual, corporation, | 21 |
| partnership, limited
liability company, organization as | 22 |
| defined in this
Section, qualified organization, licensed | 23 |
| organization, licensee under this Act, or volunteer.
| 24 |
| "Premises" means a distinct parcel of land and the | 25 |
| buildings thereon. | 26 |
| "Provider" means the person or organization owning, |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| leasing, or controlling premises upon which any charitable | 2 |
| games event is to be conducted. | 3 |
| "Sponsoring organization": A qualified organization that | 4 |
| has obtained a
license to conduct a charitable games event in | 5 |
| conformance with the provisions
of this Act.
| 6 |
| "Qualified organization" means :
| 7 |
| (a) a charitable, religious, fraternal, veterans, | 8 |
| labor or educational
organization or institution organized | 9 |
| and conducted on a not-for-profit
basis with no personal | 10 |
| profit inuring to anyone as a result of the
operation and | 11 |
| which is exempt from federal income taxation under Sections
| 12 |
| 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or | 13 |
| 501(c)(19) of the
Internal Revenue Code;
| 14 |
| (b) a veterans organization as defined in Section 1.1
1
| 15 |
| of the
"Bingo License and Tax Act" , approved July 22, 1971, | 16 |
| as amended, organized
and conducted on a not-for-profit | 17 |
| basis with no personal profit inuring to
anyone as a result | 18 |
| of the operation; or
| 19 |
| (c) An auxiliary organization of a veterans | 20 |
| organization.
| 21 |
| "Religious organization" means any church, congregation, | 22 |
| society, or organization founded for the purpose of religious | 23 |
| worship. | 24 |
| "Sponsoring organization" means a qualified organization | 25 |
| that has obtained a
license to conduct a charitable games event | 26 |
| in conformance with the provisions
of this Act.
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| "Supplier" means any person, firm, or corporation that | 2 |
| sells, leases, lends, distributes, or otherwise provides to any | 3 |
| organization licensed to conduct charitable games events in | 4 |
| Illinois any charitable games equipment.
| 5 |
| "Veterans' organization" means an organization comprised | 6 |
| of members of which substantially all are individuals who are | 7 |
| veterans or spouses, widows, or widowers of veterans, the | 8 |
| primary purpose of which is to promote the welfare of its | 9 |
| members and to provide assistance to the general public in such | 10 |
| a way as to confer a public benefit. | 11 |
| "Volunteer" means a person recruited by a licensed | 12 |
| organization who voluntarily performs services at a charitable | 13 |
| games event, including participation in the management or | 14 |
| operation of a game, as defined in Section 8. | 15 |
| "Fraternal organization": A civic, service or charitable | 16 |
| organization in
this State except a college or high school | 17 |
| fraternity or sorority, not for
pecuniary profit, which is a | 18 |
| branch, lodge or chapter of a national or
State organization | 19 |
| and exists for the common business, brotherhood, or
other | 20 |
| interest of its members.
| 21 |
| "Veterans organization": An organization comprised of | 22 |
| members of which
substantially all are individuals who are | 23 |
| veterans or spouses, widows, or
widowers of veterans, the | 24 |
| primary purpose of which is to promote the
welfare of its | 25 |
| members and to provide assistance to the general public in
such | 26 |
| a way as to confer a public benefit.
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| "Labor organization": An organization composed of labor | 2 |
| unions or
workers organized with the objective of betterment of | 3 |
| the conditions of
those engaged in such pursuit and the | 4 |
| development of a higher degree of
efficiency in their | 5 |
| respective occupations.
| 6 |
| "Department": The Department of Revenue.
| 7 |
| "Volunteer": A person recruited by the sponsoring | 8 |
| organization who
voluntarily performs services at a charitable | 9 |
| games event, including
participation in the management or | 10 |
| operation of a game, as defined in Section
8.
| 11 |
| "Person": Any natural individual, a corporation, a | 12 |
| partnership, a limited
liability company, an organization as | 13 |
| defined in this
Section, a qualified organization, a sponsoring | 14 |
| organization, any other
licensee under this Act, or a | 15 |
| volunteer.
| 16 |
| (Source: P.A. 94-986, eff. 6-30-06.)
| 17 |
| (230 ILCS 30/3) (from Ch. 120, par. 1123)
| 18 |
| Sec. 3. The Department of Revenue shall, upon application | 19 |
| therefor
on forms prescribed by the
such Department, and upon | 20 |
| the payment of a nonrefundable
an annual
fee of $200, and upon | 21 |
| a determination by the Department that the applicant
meets all | 22 |
| of the qualifications specified in this Act
Section , issue a
| 23 |
| charitable games license for the conducting of charitable games | 24 |
| to any
of the following:
| 25 |
| (i) Any local fraternal mutual benefit organization |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| chartered at least
40 years before it applies for a license | 2 |
| under this Act.
| 3 |
| (ii) Any qualified organization organized in Illinois | 4 |
| which operates
without profit to its members, which has | 5 |
| been in existence in Illinois
continuously for a period of | 6 |
| 5 years immediately before making application for
a license | 7 |
| and which has had during that 5 year period a bona fide | 8 |
| membership
engaged in carrying out its objects. However, | 9 |
| the 5 year requirement shall be
reduced to 2 years, as | 10 |
| applied to a local organization which is affiliated with
| 11 |
| and chartered by a national organization which meets the 5 | 12 |
| year requirement.
The period of existence specified above | 13 |
| shall not apply to a qualified
organization, organized for | 14 |
| charitable purpose, created by a fraternal
organization | 15 |
| that meets the existence requirements if the charitable
| 16 |
| organization has the same officers and directors as the | 17 |
| fraternal organization.
Only one charitable organization | 18 |
| created by a branch lodge or chapter of a
fraternal | 19 |
| organization may be licensed under this provision.
| 20 |
| The application shall be signed by a person listed on the | 21 |
| application as an owner, officer, or other person in charge of | 22 |
| the necessary day-to-day operations of the applicant | 23 |
| organization, who shall attest under penalties of perjury that | 24 |
| the information contained in the application is true, correct, | 25 |
| and complete.
| 26 |
| Each license shall be in effect for one year from its date |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| of
issuance unless extended, suspended , or revoked by | 2 |
| Department action before that date.
Any extension shall not | 3 |
| exceed one year. The Department may by rule authorize the | 4 |
| filing by electronic means of any application, license, permit, | 5 |
| return, or registration required under this Act. A licensee may | 6 |
| hold only one license. Each license must be applied for at
| 7 |
| least 30 days prior to the night or nights the licensee wishes | 8 |
| to conduct
such games. The Department may issue a license to a | 9 |
| licensee that applies less than 30 days prior to the night or | 10 |
| nights the licensee wishes to conduct the games if all other | 11 |
| requirements of this Act are met and the Department has | 12 |
| sufficient time and resources to issue the license in a timely | 13 |
| manner. The Department may provide by rule for an extension of | 14 |
| any charitable games license issued under this Act. If a | 15 |
| licensee wishes to conduct games at a location other than
the | 16 |
| locations originally specified in the license, the licensee | 17 |
| shall
notify the Department of the proposed alternate location | 18 |
| at least 30
60 days
before the night on which the licensee | 19 |
| wishes to conduct games at the
alternate location. The | 20 |
| Department may accept an applicant's change in location with | 21 |
| less than 30 days' notice if all other requirements of this Act | 22 |
| are met and the Department has sufficient time and resources to | 23 |
| process the change in a timely manner.
| 24 |
| All taxes and fees imposed by this Act, unless otherwise | 25 |
| specified, shall be paid into the Illinois Gaming Law | 26 |
| Enforcement Fund of the State Treasury.
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| (Source: P.A. 87-758; 87-1271.)
| 2 |
| (230 ILCS 30/4) (from Ch. 120, par. 1124)
| 3 |
| Sec. 4. Licensing Restrictions. Licensing for the | 4 |
| conducting of
charitable games is subject to the following | 5 |
| restrictions:
| 6 |
| (1) The license application, when submitted to the | 7 |
| Department of Revenue,
must contain a sworn statement | 8 |
| attesting to the not-for-profit character
of the | 9 |
| prospective licensee organization, signed by a person | 10 |
| listed on the application as an owner, officer, or other | 11 |
| person in charge of the necessary day-to-day operations
the | 12 |
| presiding officer
and the secretary of that organization . | 13 |
| The application shall contain the
name of the person in | 14 |
| charge of and primarily responsible for the
conduct of the | 15 |
| charitable games. The person so designated shall be
present | 16 |
| on the premises continuously during charitable games. Any | 17 |
| wilful
misstatements contained in such application | 18 |
| constitute perjury.
| 19 |
| (2) The license application for license shall be | 20 |
| prepared by the prospective
licensee organization or its | 21 |
| duly authorized representative in accordance
with the
| 22 |
| rules of the Department of Revenue.
| 23 |
| (2.1) The organization
application for a license shall | 24 |
| maintain among its books and records
contain a list of the | 25 |
| names,
addresses, social security numbers, and dates of |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| birth of all persons who will
participate in the management | 2 |
| or operation of the games, along with a sworn
statement | 3 |
| made under penalties of perjury, signed by a person listed | 4 |
| on the application as an owner, officer, or other person in | 5 |
| charge of the necessary day-to-day operations
the | 6 |
| presiding officer and
secretary of the applicant , that the | 7 |
| persons listed as participating in the
management or | 8 |
| operation of the games are bona fide members, volunteers as
| 9 |
| defined in Section 2, or employees of the applicant, that | 10 |
| these persons have
not
participated in the management or | 11 |
| operation of more than 4 charitable games
events conducted | 12 |
| by any licensee in the calendar year, and that these | 13 |
| persons
will receive no remuneration or compensation, | 14 |
| directly or indirectly from any
source, for participating | 15 |
| in the management or operation of the games. Any
amendments | 16 |
| to this listing must contain an identical sworn statement.
| 17 |
| (2.2) (Blank).
The application shall be signed by the | 18 |
| presiding officer and the
secretary of the applicant | 19 |
| organization, who shall attest under penalties of
perjury | 20 |
| that the information contained in the application is true, | 21 |
| correct, and
complete.
| 22 |
| (3) Each license shall state the date
which day of the | 23 |
| week , hours and
at what
locations the licensee is permitted | 24 |
| to conduct charitable games.
| 25 |
| (4) Each licensee shall file a copy of the license with | 26 |
| each
police
department or, if in unincorporated areas, each |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| sheriff's office whose
jurisdiction includes the premises | 2 |
| on which the charitable games are
authorized under the | 3 |
| license.
| 4 |
| (5) The licensee shall prominently display the license | 5 |
| in a prominent
place in the
area where the licensee
it is | 6 |
| to conduct charitable games. The licensee shall likewise | 7 |
| display, in the form and manner prescribed by the | 8 |
| Department, the provisions of Section 9 of this Act.
| 9 |
| (6) (Blank).
The proceeds from the license fee imposed | 10 |
| by this Act
shall be paid
into the Illinois Gaming Law | 11 |
| Enforcement Fund of the State Treasury.
| 12 |
| (7) Each licensee shall obtain and maintain a bond for | 13 |
| the
benefit of
participants in games conducted by the | 14 |
| licensee to insure payment to the
winners of such games. | 15 |
| Such bond discretionary by the Department and shall be in | 16 |
| an amount established by rule
by the Department of Revenue. | 17 |
| In a county with fewer than 60,000
inhabitants, the | 18 |
| Department may waive the bond
requirement upon a showing by | 19 |
| a licensee that it has sufficient funds on
deposit to | 20 |
| insure payment to the winners of such games.
| 21 |
| (8) A license is not assignable or transferable.
| 22 |
| (9) Unless the premises for conducting charitable | 23 |
| games are provided by
a
municipality, the Department shall | 24 |
| not issue a license
permitting a
person, firm
or | 25 |
| corporation to sponsor a charitable games night if the | 26 |
| premises for the
conduct of the charitable games has been |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| previously used for 8
charitable
games nights during the | 2 |
| previous 12 months.
| 3 |
| (10) Auxiliary organizations of a licensee shall not be
| 4 |
| eligible for a
license to conduct charitable games, except | 5 |
| for auxiliary organizations
of veterans organizations as | 6 |
| authorized in Section 2.
| 7 |
| (11) Charitable games must be conducted in accordance | 8 |
| with
local
building and fire code requirements.
| 9 |
| (12) The licensee shall consent to allowing the | 10 |
| Department's
employees
to be present on the premises | 11 |
| wherein the charitable games are conducted
and to inspect | 12 |
| or test equipment, devices and supplies used in the conduct
| 13 |
| of the game.
| 14 |
| Nothing in this Section shall be construed to prohibit a | 15 |
| licensee that
conducts charitable games on its own premises | 16 |
| from also obtaining a
providers' license in accordance with | 17 |
| Section 5.1.
The maximum number of charitable games events that | 18 |
| may be held in any one
premises is limited to 8 charitable | 19 |
| games events per calendar year.
| 20 |
| (Source: P.A. 94-986, eff. 6-30-06.)
| 21 |
| (230 ILCS 30/5) (from Ch. 120, par. 1125)
| 22 |
| Sec. 5. Providers' License. The Department shall issue a | 23 |
| providers'
license permitting a person, firm or corporation to | 24 |
| provide
premises for the conduct of charitable games. No | 25 |
| person, firm or
corporation may rent or otherwise provide |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| premises without having first
obtained a license . Applications | 2 |
| for providers' licenses shall be made in writing in accordance | 3 |
| with Department rules. The Department shall license providers | 4 |
| of charitable games at a nonrefundable annual fee of $50, or | 5 |
| nonrefundable triennial license fee of $150.
therefor upon | 6 |
| written application made, verified and
filed with the | 7 |
| Department in the form prescribed by the rules and
regulations | 8 |
| of the Department. Each providers' license is valid for one | 9 |
| year
from the date of issuance, or 3 years from date of | 10 |
| issuance for a triennial license, unless extended, suspended ,
| 11 |
| or revoked by Department action
before
that date. Any extension | 12 |
| of a providers' license shall not exceed one year.
The annual | 13 |
| fee for such providers' license
is $50. A provider may receive | 14 |
| reasonable compensation for the provision
of the premises. | 15 |
| Reasonable expenses shall include only those expenses defined | 16 |
| as reasonable by rules adopted by the Department.
The | 17 |
| compensation shall not be based upon a percentage of
the gross | 18 |
| proceeds from the charitable games. A provider, other than a
| 19 |
| municipality, may not provide
the same premises for conducting | 20 |
| more than 8 charitable games nights
per year.
A provider shall | 21 |
| not have any interest in any suppliers' business, either
direct | 22 |
| or indirect.
A municipality may provide the same premises for | 23 |
| conducting 16 charitable
games nights during a 12-month period. | 24 |
| No employee, officer, or owner of a
provider may participate in | 25 |
| the management or operation of a charitable games
event, even | 26 |
| if the employee, officer, or owner is also a member, volunteer, |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| or
employee of the charitable games licensee. A provider may | 2 |
| not promote or
solicit a charitable games event on behalf of a | 3 |
| charitable games licensee or
qualified organization.
Any | 4 |
| qualified organization licensed to conduct a
charitable game | 5 |
| need not obtain a providers' license if such games are to
be | 6 |
| conducted on the organization's premises.
| 7 |
| (Source: P.A. 94-986, eff. 6-30-06.)
| 8 |
| (230 ILCS 30/6) (from Ch. 120, par. 1126)
| 9 |
| Sec. 6. Supplier's license. The Department shall issue a | 10 |
| supplier's
license permitting a person,
firm , or corporation to | 11 |
| sell, lease, lend or distribute to any organization
licensed
to | 12 |
| conduct charitable games,
supplies, devices , and other | 13 |
| equipment designed for use in the playing of
charitable games.
| 14 |
| No person, firm , or corporation shall sell, lease , lend, or | 15 |
| distribute charitable
games supplies
or equipment without | 16 |
| having first obtained a license . Applications for suppliers' | 17 |
| licenses shall be made in writing in accordance with Department | 18 |
| rules. The Department shall license suppliers of charitable | 19 |
| games subject to a nonrefundable annual fee of $500, or a | 20 |
| nonrefundable triennial fee of $1,500.
therefor upon written
| 21 |
| application made, verified and filed with the Department in the | 22 |
| form prescribed
by the rules and regulations of the Department.
| 23 |
| Each supplier's license is
valid for a period of one year from | 24 |
| the date of issuance, or 3 years from date of issuance for a | 25 |
| triennial license, unless extended, suspended , or
revoked by |
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| Department action before that date. Any extension of a | 2 |
| supplier's license shall not exceed one year. No licensed | 3 |
| supplier under this Act shall lease, lend, or distribute | 4 |
| charitable gaming equipment, supplies, or other devices to | 5 |
| persons not otherwise licensed to conduct charitable games | 6 |
| under this Act.
The annual fee for such
license is $500. The | 7 |
| Department may require by rule for the provision of
surety | 8 |
| bonds by suppliers. A supplier
shall keep among its books and | 9 |
| records and make available for inspection by the Department
| 10 |
| furnish the Department
with a list of all products and | 11 |
| equipment offered for sale or lease to any
organization | 12 |
| licensed to conduct charitable games, and all such products
and | 13 |
| equipment shall be sold or leased at the prices shown on the | 14 |
| books and records
on file with the
Department . A supplier shall | 15 |
| keep all such products and equipment
segregated and separate | 16 |
| from any other products, materials or equipment that
it might | 17 |
| own, sell , or lease.
A supplier must include in its application | 18 |
| for a license the exact
location of the storage of the | 19 |
| products, materials , or equipment. A
supplier, as a condition | 20 |
| of licensure, must consent to permitting the
Department's | 21 |
| employees to enter supplier's premises to inspect and test all
| 22 |
| equipment and devices.
A supplier shall keep books and records | 23 |
| for
the furnishing of products and equipment to charitable | 24 |
| games separate and
distinct from any other business the | 25 |
| supplier might operate. All products
and equipment supplied | 26 |
| must be in accord with the Department's rules and
regulations.
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| A supplier shall not alter or modify any equipment or supplies, | 2 |
| or possess
any equipment or supplies so altered or modified, so | 3 |
| as to allow the
possessor or operator of the equipment to | 4 |
| obtain a greater chance of
winning a game other than as under | 5 |
| normal rules of play of such games.
The supplier shall not | 6 |
| require an organization to pay a
percentage of the proceeds | 7 |
| from the charitable games for the use of the
products or | 8 |
| equipment. The supplier shall
file a quarterly return with the
| 9 |
| Department listing all sales or leases for such quarter and the | 10 |
| gross
proceeds from such
sales or leases. A supplier shall | 11 |
| permanently affix his name to all
charitable games equipment, | 12 |
| supplies and pull tabs. A supplier shall not
have any interest | 13 |
| in any providers' business, either direct or indirect.
If the | 14 |
| supplier leases his equipment for use at an unlicensed | 15 |
| charitable
games or to an unlicensed sponsoring group, all | 16 |
| equipment so leased is
forfeited to the State.
| 17 |
| No person, firm or corporation shall sell, lease or
| 18 |
| distribute for compensation within this State, or possess with | 19 |
| intent to sell, lease or
distribute for compensation within | 20 |
| this State, any chips,
representations of money, wheels or any | 21 |
| devices or
equipment designed for use or used in the play of | 22 |
| charitable games
without first having obtained a license to do | 23 |
| so from the Department of
Revenue. Any person, firm or | 24 |
| corporation which knowingly violates this
paragraph shall be | 25 |
| guilty of a Class A misdemeanor, the fine for which
shall not | 26 |
| exceed $50,000.
|
|
|
|
HB3649 Engrossed |
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LRB095 09703 AMC 32310 b |
|
| 1 |
| Organizations licensed to conduct charitable games may own | 2 |
| their own
equipment. Such organizations must apply to the | 3 |
| Department for an
ownership permit. Any such application must | 4 |
| be accompanied by a one-time, nonrefundable fee of $50 fee .
| 5 |
| Such organizations shall file an annual report listing their | 6 |
| inventory of
charitable games equipment. Such organizations | 7 |
| may lend such equipment
without compensation to other licensed | 8 |
| organizations without applying for a
suppliers license.
| 9 |
| No employee, owner, or officer of a supplier may
| 10 |
| participate in the management or operation of a charitable | 11 |
| games event,
even if the employee, owner, or officer is also a | 12 |
| member, volunteer, or
employee of the charitable games | 13 |
| licensee. A supplier may not promote or
solicit a charitable | 14 |
| games event on behalf of a charitable games licensee or
| 15 |
| qualified organization.
| 16 |
| (Source: P.A. 94-986, eff. 6-30-06.)
| 17 |
| (230 ILCS 30/7) (from Ch. 120, par. 1127)
| 18 |
| Sec. 7. Ineligible Persons. The following are ineligible | 19 |
| for any
license under this Act:
| 20 |
| (a) any person who has been convicted of a felony | 21 |
| within the last 10 years before
of
the date of the | 22 |
| application;
| 23 |
| (b) any person who has been convicted of a violation of | 24 |
| Article 28 of
the Criminal Code of 1961;
| 25 |
| (c) any person who has had a bingo, pull tabs and jar |
|
|
|
HB3649 Engrossed |
- 65 - |
LRB095 09703 AMC 32310 b |
|
| 1 |
| games , or charitable games
license revoked
by the | 2 |
| Department;
| 3 |
| (d) any person who is or has been a professional | 4 |
| gambler;
| 5 |
| (d-1) any person found gambling in a manner not | 6 |
| authorized by this Act,
the Illinois Pull Tabs and Jar | 7 |
| Games Act, or the Bingo License and Tax Act participating | 8 |
| in such gambling, or knowingly
permitting such gambling on | 9 |
| premises where an authorized charitable games event
is
| 10 |
| authorized to be conducted
being or has been conducted;
| 11 |
| (e) any business or organization in which a person | 12 |
| defined in (a), (b), (c), (d),
or
(d-1)
has a proprietary, | 13 |
| equitable, or credit interest, or in which the person
is | 14 |
| active or employed;
| 15 |
| (f) any business or organization in which a person | 16 |
| defined
in (a), (b), (c), (d), or (d-1) is an
officer, | 17 |
| director, or employee, whether compensated or not;
| 18 |
| (g) any organization in which a person defined in (a), | 19 |
| (b),
(c), (d), or (d-1) is to
participate in the management | 20 |
| or operation of charitable games.
| 21 |
| The Department of State Police shall provide the criminal | 22 |
| background of
any person requested by the Department of | 23 |
| Revenue.
| 24 |
| (Source: P.A. 94-986, eff. 6-30-06.)
| 25 |
| (230 ILCS 30/8) (from Ch. 120, par. 1128)
|
|
|
|
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| 1 |
| Sec. 8. The conducting of charitable games is subject to | 2 |
| the following
restrictions:
| 3 |
| (1) The entire net proceeds from charitable games must | 4 |
| be exclusively
devoted to the lawful purposes of the | 5 |
| organization permitted to conduct
that game.
| 6 |
| (2) No person except a bona fide member or employee of | 7 |
| the
sponsoring organization, or a volunteer recruited by | 8 |
| the sponsoring
organization, may participate in the | 9 |
| management or operation of the
game.
A person participates | 10 |
| in the management or operation of a charitable game
when he | 11 |
| or she sells admission tickets at the event; sells, | 12 |
| redeems, or in any
way assists in the selling or redeeming | 13 |
| of chips, scrip, or play money;
participates in the
| 14 |
| conducting of any of the games played during the event, or | 15 |
| supervises, directs
or instructs anyone conducting a game; | 16 |
| or at any time during the hours of the
charitable games | 17 |
| event counts, handles, or supervises anyone counting or
| 18 |
| handling any of the proceeds or chips, scrip, or play money | 19 |
| at the event. A
person who is present to
ensure that the | 20 |
| games are being conducted in conformance with the rules
| 21 |
| established by the licensed organization or is present to | 22 |
| insure that the
equipment is working
properly is considered | 23 |
| to be participating in the management or operation of a
| 24 |
| game. Setting up, cleaning up, selling food and drink, or | 25 |
| providing security
for persons or property at the event | 26 |
| does not constitute participation in the
management or |
|
|
|
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| 1 |
| operation of the game.
| 2 |
| Only bona fide members, volunteers as defined in | 3 |
| Section 2 of this Act, and
employees of the sponsoring | 4 |
| organization may participate in the management or
| 5 |
| operation of the games. Participation
A person who | 6 |
| participates in the management or
operation
of the games is | 7 |
| limited to no more than 4 charitable games events, either | 8 |
| of the sponsoring organization or any other licensed | 9 |
| organization, during a calendar year.
and who is not a bona | 10 |
| fide member, volunteer as defined in
Section 2 of this Act, | 11 |
| or employee of the sponsoring organization, or who
receives | 12 |
| remuneration or other compensation either directly or | 13 |
| indirectly from
any
source for participating in the | 14 |
| management or operation of the games, or who
has | 15 |
| participated in the management or operation of more than 4
| 16 |
| charitable games events in the calendar year, commits a | 17 |
| violation
of this Act. In addition, a licensed organization | 18 |
| that utilizes any person
described in the preceding | 19 |
| sentence
commits a violation of this Act.
| 20 |
| (3) No person may receive any remuneration or | 21 |
| compensation either
directly or
indirectly from any source | 22 |
| for
participating in the management or operation of the | 23 |
| game.
| 24 |
| (4) No single bet at any game may exceed $10.
| 25 |
| (5) A bank shall be established on the premises to | 26 |
| convert currency into
chips, scrip, or other form of play |
|
|
|
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| 1 |
| money which shall then be used to play
at
games of chance | 2 |
| which the participant chooses. Chips, scrip, or play money
| 3 |
| must be permanently monogrammed with the logo of the | 4 |
| licensed organization or of the
supplier. Each participant | 5 |
| must be issued a receipt indicating the amount
of chips, | 6 |
| scrip, or play money purchased.
| 7 |
| (6) At the conclusion of the event or when the | 8 |
| participant leaves, he
may cash in his chips, scrip, or | 9 |
| play money in exchange for currency not to
exceed $250 or | 10 |
| noncash prizes. Each participant shall sign for any receipt
| 11 |
| of prizes. The licensee shall provide the Department of | 12 |
| Revenue with a
listing of all prizes awarded , including the | 13 |
| retail value of all prizes awarded .
| 14 |
| (7) Each licensee shall be permitted to conduct | 15 |
| charitable games on
not more than 4 days each year. Nothing | 16 |
| in this Section shall be construed to prohibit a licensee | 17 |
| that conducts charitable games on its own premises from | 18 |
| also obtaining a providers' license in accordance with | 19 |
| Section 7 of this Act.
| 20 |
| (8) Unless the provider of the premises is a | 21 |
| municipality, the
provider of the premises may not rent or | 22 |
| otherwise provide the
premises for the conducting of more | 23 |
| than 8 charitable games nights per year.
| 24 |
| (9) A charitable games event is considered to be a | 25 |
| one-day event and charitable
Charitable games may not be | 26 |
| played between the hours of 2:00 a.m.
and noon.
|
|
|
|
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| 1 |
| (10) No person under the age of 18 years may play or | 2 |
| participate in the
conducting of charitable games. Any | 3 |
| person under the age of 18 years
may be within the area | 4 |
| where charitable games are being played only
when | 5 |
| accompanied by his parent or guardian.
| 6 |
| (11) No one other than the sponsoring organization
of | 7 |
| charitable games must have a proprietary
interest in the | 8 |
| game promoted.
| 9 |
| (12) Raffles or other forms of gambling prohibited by | 10 |
| law shall not be
conducted on the premises where charitable | 11 |
| games are being conducted.
| 12 |
| (13) Such games are not expressly prohibited by county
| 13 |
| ordinance for
charitable games conducted in the | 14 |
| unincorporated areas of the county or
municipal ordinance | 15 |
| for charitable games conducted in the municipality and
the | 16 |
| ordinance is filed with the Department of Revenue. The | 17 |
| Department
shall provide each county or municipality with a | 18 |
| list of organizations
licensed or subsequently authorized | 19 |
| by the Department to conduct
charitable games in their | 20 |
| jurisdiction.
| 21 |
| (14) The sale of tangible personal property at | 22 |
| charitable games is
subject to all State and local taxes | 23 |
| and obligations.
| 24 |
| (15) Each licensee may offer or conduct only the games
| 25 |
| listed
below,
which must be conducted in accordance with
| 26 |
| rules posted by the organization. The organization |
|
|
|
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| 1 |
| sponsoring charitable
games shall promulgate rules, and | 2 |
| make printed copies available to
participants, for the | 3 |
| following games: (a) roulette; (b) blackjack; (c)
poker; | 4 |
| (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | 5 |
| (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | 6 |
| chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | 7 |
| merchandise wheel. A licensee need not offer or
conduct | 8 |
| every game permitted by law.
The conducting of games not | 9 |
| listed above is prohibited by this Act.
| 10 |
| (16) No slot machines or coin-in-the-slot-operated | 11 |
| devices
that allow a participant to play games of chance | 12 |
| shall be permitted to be used at the location and during | 13 |
| the time at which the charitable games are being conducted
| 14 |
| based upon cards
or dice
shall be permitted to be used at | 15 |
| the location and during the time at which
the charitable | 16 |
| games are being conducted .
| 17 |
| (17) No cards, dice, wheels, or other equipment may be | 18 |
| modified or
altered
so as to give the licensee a greater | 19 |
| advantage in winning, other than as
provided under the | 20 |
| normal rules of play of a particular game.
| 21 |
| (18) No credit shall be extended to any of the | 22 |
| participants.
| 23 |
| (19) (Blank).
No person may participate in the | 24 |
| management or operation of games
at more than 4 charitable | 25 |
| games events in any calendar year.
| 26 |
| (20) A supplier may have only one representative |
|
|
|
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|
| 1 |
| present at the charitable
games event, for the exclusive | 2 |
| purpose of ensuring that its equipment is not
damaged.
| 3 |
| (21) No employee, owner, or officer of a consultant | 4 |
| service hired by a
licensed organization to perform | 5 |
| services at the event including, but not
limited to, | 6 |
| security for
persons or property at the event or services | 7 |
| before the event including, but
not limited to, training | 8 |
| for volunteers
or advertising may participate in the | 9 |
| management or operation of the games.
| 10 |
| (22) (Blank).
Volunteers as defined in Section 2 of | 11 |
| this Act and bona fide
members
and
employees of a | 12 |
| sponsoring organization may not receive remuneration or
| 13 |
| compensation, either directly or indirectly from any | 14 |
| source, for participating
in the management or operation of | 15 |
| games. They may participate in the
management or operation | 16 |
| of no more than 4 charitable games events, either of
the | 17 |
| sponsoring organization or any other licensed | 18 |
| organization, during a
calendar year.
| 19 |
| Nothing in this Section shall be construed to prohibit a | 20 |
| licensee that
conducts charitable games on its own premises | 21 |
| from also obtaining a
providers' license in accordance with | 22 |
| Section 5.1.
| 23 |
| (Source: P.A. 94-986, eff. 6-30-06.)
| 24 |
| (230 ILCS 30/9) (from Ch. 120, par. 1129)
| 25 |
| Sec. 9. There shall be paid to the Department of Revenue, |
|
|
|
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|
| 1 |
| 3% of the
gross proceeds of charitable games conducted under | 2 |
| the provisions
of this Act. Such payments shall be made within | 3 |
| 30 days after the
completion of the games. Payment must be by | 4 |
| money order or certified
check. Accompanying each payment shall | 5 |
| be a return
report , on forms prescribed
provided by
the | 6 |
| Department of Revenue , listing the games conducted, the gross | 7 |
| income
derived and such other information as the Department of | 8 |
| Revenue may
require . Failure to submit either the payment or | 9 |
| the return
report within the
specified time may result in | 10 |
| suspension or revocation of the license . Tax returns filed | 11 |
| pursuant to this Act shall not be confidential and shall be | 12 |
| available for public inspection.
and
may be used in future | 13 |
| considerations for renewal of the license.
| 14 |
| The provisions of Section 2a of the Retailers' Occupation | 15 |
| Tax Act pertaining
to the furnishing of a bond or other | 16 |
| security are incorporated by reference
into this Act and are | 17 |
| applicable to licensees under this Act as a precondition
of | 18 |
| obtaining a license under this Act. For purposes of this Act | 19 |
| gross
proceeds shall be defined as all chips, scrip or other | 20 |
| form of play money
purchased or any fee or donation for | 21 |
| admission or entry into such games.
The Department shall | 22 |
| establish by rule the standards and criteria it will
use in | 23 |
| determining whether to require the furnishing of a bond or | 24 |
| other
security, the amount of such bond or other security, | 25 |
| whether to require the
furnishing of an additional bond or | 26 |
| other security by a licensee, and the
amount of such additional |
|
|
|
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|
| 1 |
| bond or other security. Such standards and
criteria may include | 2 |
| payment history, general financial condition or other
factors | 3 |
| which may pose risks to insuring the payment to the Department | 4 |
| of
Revenue, of applicable taxes. Such rulemaking is subject to | 5 |
| the provisions
of the Illinois Administrative Procedure Act.
| 6 |
| The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, | 7 |
| 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | 8 |
| Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and | 9 |
| Interest Act,
which are not inconsistent with this Act shall | 10 |
| apply, as far as
practicable, to the subject matter of this Act | 11 |
| to the same extent as if
such provisions were included in this | 12 |
| Act. Financial reports filed pursuant
to this Act shall not be | 13 |
| confidential and shall be available for public
inspection. For | 14 |
| the purposes of this Act, references in such incorporated
| 15 |
| Sections of the Retailers' Occupation Tax Act to retailers, | 16 |
| sellers or
persons engaged in the business of selling tangible | 17 |
| personal property means
persons engaged in conducting | 18 |
| charitable games, and references in such
incorporated Sections | 19 |
| of the Retailers' Occupation Tax Act to sales of
tangible | 20 |
| personal property mean the conducting of charitable games and | 21 |
| the
making of charges for playing such games.
| 22 |
| All payments made to the Department of Revenue
of the sums | 23 |
| collected under this Section shall be deposited
into the | 24 |
| Illinois Gaming Law Enforcement Fund of the State Treasury.
| 25 |
| (Source: P.A. 87-205; 87-895 .)
|
|
|
|
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|
| 1 |
| (230 ILCS 30/10) (from Ch. 120, par. 1130)
| 2 |
| Sec. 10. Each licensee
must keep a complete record of | 3 |
| charitable games
conducted
within the previous 3 years. Such | 4 |
| record shall be open to
inspection by
any employee of the | 5 |
| Department of Revenue during reasonable business
hours. Any
| 6 |
| employee of the Department may visit the premises and inspect | 7 |
| such
record
during, and for a reasonable time before and after, | 8 |
| charitable games.
Gross proceeds of charitable games shall be | 9 |
| segregated from other revenues
of the licensee, including bingo | 10 |
| receipts, and shall be placed in a
separate account.
| 11 |
| The Department may require that any person, organization or | 12 |
| corporation
licensed under this Act obtain from an Illinois | 13 |
| certified public accounting
firm at its own expense a certified | 14 |
| and unqualified financial statement
and verification of | 15 |
| records of such organization.
Failure of a charitable games | 16 |
| licensee to comply with this requirement within
90
days of | 17 |
| receiving notice from the Department may
result in suspension | 18 |
| or revocation of the licensee's license and forfeiture
of all | 19 |
| proceeds .
| 20 |
| The Department of Revenue may, at its discretion, suspend | 21 |
| or
shall
revoke
any license if
when it finds that the licensee | 22 |
| or any person
connected therewith
has violated or is violating | 23 |
| the provisions of this Act
or any rule promulgated under this | 24 |
| Act . However, in his or her
discretion, the
Director may review | 25 |
| the offenses subjecting the licensee to revocation and
may | 26 |
| issue a suspension. The decision to reduce a revocation to a |
|
|
|
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|
| 1 |
| suspension,
and
the duration of the suspension, shall be made | 2 |
| by taking into account factors
that include, but are not | 3 |
| limited to, the licensee's previous history of
compliance with
| 4 |
| the Act and its rules, the number, seriousness, and duration of | 5 |
| the
violations,
and the licensee's cooperation in | 6 |
| discontinuing and correcting the violations.
Violations of | 7 |
| Sections 4, 5, 6, 7, and subsection (2) of Section 8 of this | 8 |
| Act
are considered to be more serious in nature than other | 9 |
| violations under this
Act. A
revocation or suspension shall be | 10 |
| in addition to, and not in lieu of, any other
civil penalties | 11 |
| or assessments that are authorized by this Act. No licensee
| 12 |
| under
this Act, while a charitable game is being conducted, | 13 |
| shall knowingly permit
the entry into any part of the licensed | 14 |
| premises by any person
who has been convicted of a violation of
| 15 |
| Article 28 of the Criminal Code of 1961.
| 16 |
| (Source: P.A. 94-986, eff. 6-30-06.)
| 17 |
| (230 ILCS 30/12) (from Ch. 120, par. 1132)
| 18 |
| Sec. 12. Penalties.
| 19 |
| (1) Any person who conducts or knowingly participates in an
| 20 |
| unlicensed charitable game commits the offense of gambling in | 21 |
| violation of
Section 28-1 of the Criminal Code of 1961, as | 22 |
| amended. Any person who
violates any provision of this Act, or | 23 |
| any person who fails to file a
charitable games return or who
| 24 |
| files a fraudulent return
or application under this Act, or any | 25 |
| person who willfully
knowingly
violates any rule or regulation |
|
|
|
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|
| 1 |
| of the Department for the
administration
and enforcement of | 2 |
| this Act, or any officer or agent of an organization
or a | 3 |
| corporation
licensed under this Act who signs a fraudulent | 4 |
| return or application filed
on behalf of
such an organization | 5 |
| or corporation , is guilty of a Class
A misdemeanor. Any second | 6 |
| or subsequent violation of this Act constitutes
a Class 4 | 7 |
| felony.
| 8 |
| (2) Any organization that illegally conducts charitable | 9 |
| games, in addition to other penalties provided for in this Act, | 10 |
| shall be subject to a civil penalty equal to the amount of | 11 |
| gross proceeds derived from those unlicensed games, as well as | 12 |
| confiscation and forfeiture of all charitable games equipment | 13 |
| used in the conduct of those unlicensed games. | 14 |
| (3) Any organization licensed to conduct charitable games | 15 |
| that allows any form of illegal gambling to be conducted on the | 16 |
| premises where charitable games are being conducted, in | 17 |
| addition to other penalties provided for in this Act, shall be | 18 |
| subject to a civil penalty equal to the amount of gross | 19 |
| proceeds derived on that day from charitable games and any | 20 |
| illegal game that may have been conducted, as well as | 21 |
| confiscation and forfeiture of all charitable games equipment | 22 |
| used in the conduct of any unlicensed or illegal games. | 23 |
| (4) Any person who violates any provision of this Act or | 24 |
| knowingly violates any rule of the Department for the | 25 |
| administration of this Act, in addition to other penalties | 26 |
| provided, shall be subject to a civil penalty not to exceed |
|
|
|
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|
| 1 |
| $250 for each separate violation. | 2 |
| (5) No person shall sell, lease, or distribute for | 3 |
| compensation within this State, or possess with intent to sell, | 4 |
| lease, or distribute for compensation within this State, any | 5 |
| chips, representations of money, wheels, or any devices or | 6 |
| equipment designed for use or used in the play of charitable | 7 |
| games without first having obtained a license to do so from the | 8 |
| Department of Revenue. Any person that knowingly violates this | 9 |
| paragraph is guilty of a Class A misdemeanor, the fine for | 10 |
| which shall not exceed $50,000.
| 11 |
| (Source: P.A. 94-986, eff. 6-30-06.)
| 12 |
| (230 ILCS 30/14.1 new)
| 13 |
| Sec. 14.1. Severability. If any clause, sentence, Section, | 14 |
| provision, or part of this Act, or the application thereof to | 15 |
| any person or circumstance, shall be adjudged to be | 16 |
| unconstitutional, the remainder of this Act or its application | 17 |
| to persons or circumstances other than those to which it is | 18 |
| held invalid shall not be affected thereby.
| 19 |
| (230 ILCS 25/4.1 rep.)
| 20 |
| (230 ILCS 25/4.2 rep.)
| 21 |
| Section 20. The Bingo License and Tax Act is amended by | 22 |
| repealing Sections 4.1 and 4.2.
| 23 |
| (230 ILCS 30/11 rep.)
|
|
|
|
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|
| 1 |
| Section 25. The Charitable Games Act is amended by | 2 |
| repealing Section 11. | 3 |
| Section 99. Effective date. This Act takes effect July 1, | 4 |
| 2007. |
|
|
|
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|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 230 ILCS 20/1.1 |
from Ch. 120, par. 1051.1 |
| 4 |
| 230 ILCS 20/2 |
from Ch. 120, par. 1052 |
| 5 |
| 230 ILCS 20/2.1 new |
|
| 6 |
| 230 ILCS 20/3 |
from Ch. 120, par. 1053 |
| 7 |
| 230 ILCS 20/3.1 new |
|
| 8 |
| 230 ILCS 20/3.2 new |
|
| 9 |
| 230 ILCS 20/4 |
from Ch. 120, par. 1054 |
| 10 |
| 230 ILCS 20/5 |
from Ch. 120, par. 1055 |
| 11 |
| 230 ILCS 20/6 |
from Ch. 120, par. 1056 |
| 12 |
| 230 ILCS 20/7 |
from Ch. 120, par. 1057 |
| 13 |
| 230 ILCS 20/7.1 new |
|
| 14 |
| 230 ILCS 20/7.2 new |
|
| 15 |
| 230 ILCS 20/7.3 new |
|
| 16 |
| 230 ILCS 25/1 |
from Ch. 120, par. 1101 |
| 17 |
| 230 ILCS 25/1.1 new |
|
| 18 |
| 230 ILCS 25/1.2 new |
|
| 19 |
| 230 ILCS 25/1.3 new |
|
| 20 |
| 230 ILCS 25/1.4 new |
|
| 21 |
| 230 ILCS 25/1.5 new |
|
| 22 |
| 230 ILCS 25/2 |
from Ch. 120, par. 1102 |
| 23 |
| 230 ILCS 25/3 |
from Ch. 120, par. 1103 |
| 24 |
| 230 ILCS 25/4 |
from Ch. 120, par. 1104 |
| 25 |
| 230 ILCS 25/5 |
from Ch. 120, par. 1105 |
|
|
|
|
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|
| 1 |
| 230 ILCS 25/5.1 |
from Ch. 120, par. 1105.1 |
| 2 |
| 230 ILCS 25/5.2 new |
|
| 3 |
| 230 ILCS 30/2 |
from Ch. 120, par. 1122 |
| 4 |
| 230 ILCS 30/3 |
from Ch. 120, par. 1123 |
| 5 |
| 230 ILCS 30/4 |
from Ch. 120, par. 1124 |
| 6 |
| 230 ILCS 30/5 |
from Ch. 120, par. 1125 |
| 7 |
| 230 ILCS 30/6 |
from Ch. 120, par. 1126 |
| 8 |
| 230 ILCS 30/7 |
from Ch. 120, par. 1127 |
| 9 |
| 230 ILCS 30/8 |
from Ch. 120, par. 1128 |
| 10 |
| 230 ILCS 30/9 |
from Ch. 120, par. 1129 |
| 11 |
| 230 ILCS 30/10 |
from Ch. 120, par. 1130 |
| 12 |
| 230 ILCS 30/12 |
from Ch. 120, par. 1132 |
| 13 |
| 230 ILCS 30/14.1 new |
|
| 14 |
| 230 ILCS 25/4.1 rep. |
|
| 15 |
| 230 ILCS 25/4.2 rep. |
|
| 16 |
| 230 ILCS 30/11 rep. |
|
| |
|