Full Text of HB2693 98th General Assembly
HB2693 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2693 Introduced 2/21/2013, by Rep. David Harris SYNOPSIS AS INTRODUCED: |
| 20 ILCS 301/5-20 | | 20 ILCS 2505/2505-305 | was 20 ILCS 2505/39b15.1 | 70 ILCS 1825/5.1 | from Ch. 19, par. 255.1 | 205 ILCS 670/12.5 | | 230 ILCS 5/54 | | 230 ILCS 5/54.75 | | 230 ILCS 10/1 | from Ch. 120, par. 2401 | 230 ILCS 10/7 | from Ch. 120, par. 2407 | 230 ILCS 10/24 | | 230 ILCS 40/5 | | 230 ILCS 40/25 | | 230 ILCS 40/45 | | 230 ILCS 40/79 | | 230 ILCS 40/80 | | 235 ILCS 5/5-1 | from Ch. 43, par. 115 | 235 ILCS 5/6-30 | from Ch. 43, par. 144f | 720 ILCS 5/28-1 | from Ch. 38, par. 28-1 | 720 ILCS 5/28-1.1 | from Ch. 38, par. 28-1.1 | 720 ILCS 5/28-3 | from Ch. 38, par. 28-3 | 720 ILCS 5/28-5 | from Ch. 38, par. 28-5 | 720 ILCS 5/28-7 | from Ch. 38, par. 28-7 | 815 ILCS 122/3-5 | | 815 ILCS 420/2 | from Ch. 121 1/2, par. 1852 |
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Amends the Riverboat Gambling Act to change the short title to the Casino Gaming Act. Amends various other Acts to reflect the short title change. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency Act is amended by changing Section 5-20 as follows:
| 6 | | (20 ILCS 301/5-20)
| 7 | | Sec. 5-20. Compulsive gambling program.
| 8 | | (a) Subject to appropriation, the Department shall | 9 | | establish a program for
public education, research, and | 10 | | training regarding problem and compulsive
gambling and the | 11 | | treatment and prevention of problem and compulsive gambling.
| 12 | | Subject to specific appropriation for these stated purposes, | 13 | | the program must
include all of the following:
| 14 | | (1) Establishment and maintenance of a toll-free "800" | 15 | | telephone number
to provide crisis counseling and referral | 16 | | services to families experiencing
difficulty as a result of | 17 | | problem or compulsive gambling.
| 18 | | (2) Promotion of public awareness regarding the | 19 | | recognition and
prevention of problem and compulsive | 20 | | gambling.
| 21 | | (3) Facilitation, through in-service training and | 22 | | other means, of the
availability of effective assistance | 23 | | programs for problem and compulsive
gamblers.
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| 1 | | (4) Conducting studies to identify adults and | 2 | | juveniles in this
State who are, or who are at risk of | 3 | | becoming, problem or compulsive gamblers.
| 4 | | (b) Subject to appropriation, the Department shall either | 5 | | establish and
maintain the program or contract with a private | 6 | | or public entity for the
establishment and maintenance of the | 7 | | program. Subject to appropriation, either
the Department or the | 8 | | private or public entity shall implement the toll-free
| 9 | | telephone number, promote public awareness, and conduct | 10 | | in-service training
concerning problem and compulsive | 11 | | gambling.
| 12 | | (c) Subject to appropriation, the Department shall produce | 13 | | and supply the
signs specified in Section 10.7 of the Illinois | 14 | | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | 15 | | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | 16 | | of the Charitable Games Act, and Section 13.1 of the Casino | 17 | | Gaming Riverboat
Gambling Act.
| 18 | | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| 19 | | Section 10. The Department of Revenue Law of the
Civil | 20 | | Administrative Code of Illinois is amended by changing Section | 21 | | 2505-305 as follows:
| 22 | | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| 23 | | Sec. 2505-305. Investigators.
| 24 | | (a) The Department has the power to
appoint investigators |
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| 1 | | to conduct all investigations,
searches, seizures, arrests, | 2 | | and other duties imposed under the provisions
of any law | 3 | | administered by the Department.
Except as provided in | 4 | | subsection (c), these investigators have
and
may exercise all | 5 | | the powers of peace officers solely for the purpose of
| 6 | | enforcing taxing measures administered by the Department.
| 7 | | (b) The Director must authorize to each investigator | 8 | | employed under this
Section and
to any other employee of the | 9 | | Department exercising the powers of a peace
officer a
distinct | 10 | | badge that, on its face, (i) clearly states that the badge is
| 11 | | authorized
by the
Department and (ii)
contains a unique | 12 | | identifying number.
No other badge shall be authorized by
the | 13 | | Department.
| 14 | | (c) The Department may enter into agreements with the | 15 | | Illinois Gaming Board providing that investigators appointed | 16 | | under this Section shall exercise the peace officer powers set | 17 | | forth in paragraph (20.6) of subsection (c) of Section 5 of the | 18 | | Casino Gaming Riverboat Gambling Act.
| 19 | | (Source: P.A. 96-37, eff. 7-13-09.)
| 20 | | Section 15. The Joliet Regional Port District Act is | 21 | | amended by changing Section 5.1 as follows:
| 22 | | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
| 23 | | Sec. 5.1. Riverboat gambling. Notwithstanding any other | 24 | | provision of
this Act, the District may not regulate the |
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| 1 | | operation, conduct, or
navigation of any riverboat gambling | 2 | | casino licensed under the Casino Gaming Riverboat
Gambling Act, | 3 | | and the District
may not license, tax, or otherwise levy any | 4 | | assessment of any kind on
any riverboat gambling casino | 5 | | licensed under the Casino Gaming Riverboat Gambling Act. The
| 6 | | General Assembly declares that the powers to regulate the | 7 | | operation,
conduct, and navigation of riverboat gambling | 8 | | casinos and to license, tax,
and levy assessments upon | 9 | | riverboat gambling casinos are exclusive powers of
the State of | 10 | | Illinois and the Illinois Gaming Board as provided in the | 11 | | Casino Gaming
Riverboat Gambling Act.
| 12 | | (Source: P.A. 87-1175.)
| 13 | | Section 20. The Consumer Installment Loan Act is amended by | 14 | | changing Section 12.5 as follows:
| 15 | | (205 ILCS 670/12.5)
| 16 | | Sec. 12.5. Limited purpose branch.
| 17 | | (a) Upon the written approval of the Director, a licensee | 18 | | may maintain a
limited purpose branch for the sole purpose of | 19 | | making loans as permitted by
this Act. A limited purpose branch | 20 | | may include an automatic loan machine. No
other activity shall | 21 | | be conducted at the site, including but not limited to,
| 22 | | accepting payments, servicing the accounts, or collections.
| 23 | | (b) The licensee must submit an application for a limited | 24 | | purpose branch to
the Director on forms prescribed by the |
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| 1 | | Director with an application fee of
$300. The approval for the | 2 | | limited purpose branch must be renewed concurrently
with the | 3 | | renewal of the licensee's license along with a renewal fee of | 4 | | $300 for
the limited purpose branch.
| 5 | | (c) The books, accounts, records, and files of the limited | 6 | | purpose branch's
transactions shall be maintained at the | 7 | | licensee's licensed location. The
licensee shall notify the | 8 | | Director of the licensed location at which the books,
accounts, | 9 | | records, and files shall be maintained.
| 10 | | (d) The licensee shall prominently display at the limited | 11 | | purpose branch the
address and telephone number of the | 12 | | licensee's licensed location.
| 13 | | (e) No other business shall be conducted at the site of the | 14 | | limited purpose
branch unless authorized by the Director.
| 15 | | (f) The Director shall make and enforce reasonable rules | 16 | | for the conduct of
a limited purpose branch.
| 17 | | (g) A limited purpose branch may not be located
within | 18 | | 1,000 feet of a facility operated by an inter-track wagering | 19 | | licensee or
an organization licensee subject to the Illinois | 20 | | Horse Racing Act of 1975,
on a riverboat subject to
the Casino | 21 | | Gaming Riverboat Gambling Act, or within 1,000 feet of the | 22 | | location at which the
riverboat docks.
| 23 | | (Source: P.A. 90-437, eff. 1-1-98.)
| 24 | | Section 25. The Illinois Horse Racing Act of 1975 is | 25 | | amended by changing Sections 54 and 54.75 as follows:
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| 1 | | (230 ILCS 5/54)
| 2 | | Sec. 54. Horse Racing Equity Fund.
| 3 | | (a) There is created in the State Treasury a Fund to be | 4 | | known as the Horse
Racing
Equity Fund. The Fund shall consist | 5 | | of moneys paid into it pursuant to
subsection (c-5) of Section | 6 | | 13 of the Casino Gaming Riverboat Gambling Act. The Fund shall
| 7 | | be administered
by the Racing Board.
| 8 | | (b) The moneys deposited into the Fund shall be distributed | 9 | | by the State
Treasurer
within 10 days after those moneys are | 10 | | deposited into the Fund as follows:
| 11 | | (1) Fifty percent of all moneys distributed under this | 12 | | subsection shall be
distributed to organization licensees | 13 | | to be distributed at their race
meetings as purses. | 14 | | Fifty-seven percent of the amount distributed under this
| 15 | | paragraph (1) shall be distributed for thoroughbred race | 16 | | meetings and
43% shall be distributed for standardbred race | 17 | | meetings. Within each
breed, moneys shall be allocated to | 18 | | each organization licensee's purse
fund in accordance with | 19 | | the ratio between the purses generated for that
breed by | 20 | | that licensee during the prior calendar year and the total | 21 | | purses
generated throughout the State for that breed during | 22 | | the prior calendar
year.
| 23 | | (2) The remaining 50% of the moneys distributed under | 24 | | this
subsection (b) shall be distributed pro rata
according | 25 | | to the aggregate
proportion of state-wide handle at the |
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| 1 | | racetrack, inter-track, and inter-track
wagering locations | 2 | | that derive their licenses from a racetrack identified in
| 3 | | this paragraph (2) for calendar years 1994, 1996, and 1997
| 4 | | to (i) any person (or its
successors or assigns) who had
| 5 | | operating control of a racing facility at which live racing | 6 | | was conducted in
calendar year 1997 and who has operating | 7 | | control of an organization licensee
that conducted racing | 8 | | in calendar year 1997 and is a licensee in the current
| 9 | | year, or (ii) any person
(or its successors or assigns)
who | 10 | | has operating control of a racing facility located in a
| 11 | | county that is bounded by the Mississippi River that has a | 12 | | population of less
than 150,000 according to the 1990 | 13 | | decennial census and conducted an average of
60 days of | 14 | | racing per year between 1985 and 1993 and has been awarded | 15 | | an
inter-track wagering license in the current year.
| 16 | | If any person identified in this paragraph (2) becomes
| 17 | | ineligible to receive moneys from the Fund, such amount | 18 | | shall be redistributed
among the remaining persons in | 19 | | proportion to their percentages otherwise
calculated.
| 20 | | (Source: P.A. 91-40, eff. 6-25-99.)
| 21 | | (230 ILCS 5/54.75)
| 22 | | Sec. 54.75. Horse Racing Equity Trust Fund. | 23 | | (a) There is created a Fund to be known as the Horse
Racing
| 24 | | Equity Trust Fund, which is a non-appropriated trust fund held | 25 | | separate and apart from State moneys. The Fund shall consist of |
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| 1 | | moneys paid into it by owners licensees under
the Casino Gaming | 2 | | Riverboat Gambling Act for the purposes described in this | 3 | | Section. The Fund shall
be administered
by the Board. Moneys in | 4 | | the Fund shall be distributed as directed and certified by the | 5 | | Board in accordance with the provisions of subsection (b). | 6 | | (b) The moneys deposited into the Fund, plus any accrued | 7 | | interest on those moneys, shall be distributed
within 10 days | 8 | | after those moneys are deposited into the Fund as follows: | 9 | | (1) Sixty percent of all moneys distributed under this | 10 | | subsection shall be
distributed to organization licensees | 11 | | to be distributed at their race
meetings as purses. | 12 | | Fifty-seven percent of the amount distributed under this
| 13 | | paragraph (1) shall be distributed for thoroughbred race | 14 | | meetings and
43% shall be distributed for standardbred race | 15 | | meetings. Within each
breed, moneys shall be allocated to | 16 | | each organization licensee's purse
fund in accordance with | 17 | | the ratio between the purses generated for that
breed by | 18 | | that licensee during the prior calendar year and the total | 19 | | purses
generated throughout the State for that breed during | 20 | | the prior calendar
year by licensees in the current | 21 | | calendar year. | 22 | | (2) The remaining 40% of the moneys distributed under | 23 | | this
subsection (b) shall be distributed as follows: | 24 | | (A) 11% shall be distributed to any person (or its | 25 | | successors or assigns) who had operating control of a | 26 | | racetrack that conducted live racing in 2002 at a |
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| 1 | | racetrack in a
county with at least 230,000 inhabitants | 2 | | that borders the Mississippi River and is a licensee in | 3 | | the current year; and | 4 | | (B) the remaining 89% shall be distributed pro rata
| 5 | | according to the aggregate
proportion of total handle | 6 | | from wagering on live races conducted in Illinois | 7 | | (irrespective of where the wagers are placed) for | 8 | | calendar years 2004 and 2005
to any person (or its
| 9 | | successors or assigns) who (i) had
majority operating | 10 | | control of a racing facility at which live racing was | 11 | | conducted in
calendar year 2002, (ii) is a licensee in | 12 | | the current
year, and (iii) is not eligible to receive | 13 | | moneys under subparagraph (A) of this paragraph (2). | 14 | | The moneys received by an organization licensee | 15 | | under this paragraph (2) shall be used by each | 16 | | organization licensee to improve, maintain, market, | 17 | | and otherwise operate its racing facilities to conduct | 18 | | live racing, which shall include backstretch services | 19 | | and capital improvements related to live racing and the | 20 | | backstretch. Any organization licensees sharing common | 21 | | ownership may pool the moneys received and spent at all | 22 | | racing facilities commonly owned in order to meet these | 23 | | requirements. | 24 | | If any person identified in this paragraph (2) becomes
| 25 | | ineligible to receive moneys from the Fund, such amount | 26 | | shall be redistributed
among the remaining persons in |
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| 1 | | proportion to their percentages otherwise
calculated. | 2 | | (c) The Board shall monitor organization licensees to | 3 | | ensure that moneys paid to organization licensees under this | 4 | | Section are distributed by the organization licensees as | 5 | | provided in subsection (b).
| 6 | | (Source: P.A. 95-1008, eff. 12-15-08.) | 7 | | Section 30. The Riverboat Gambling Act is amended by | 8 | | changing Sections 1, 7, and 24 as follows:
| 9 | | (230 ILCS 10/1) (from Ch. 120, par. 2401)
| 10 | | Sec. 1. Short title. This Act shall be known and may be | 11 | | cited as the
Casino Gaming Riverboat Gambling Act.
| 12 | | (Source: P.A. 86-1029.)
| 13 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| 14 | | Sec. 7. Owners Licenses.
| 15 | | (a) The Board shall issue owners licenses to persons, firms | 16 | | or
corporations which apply for such licenses upon payment to | 17 | | the Board of the
non-refundable license fee set by the Board, | 18 | | upon payment of a $25,000
license fee for the first year of | 19 | | operation and a $5,000 license fee for
each succeeding year and | 20 | | upon a determination by the Board that the
applicant is | 21 | | eligible for an owners license pursuant to this Act and the
| 22 | | rules of the Board. From the effective date of this amendatory | 23 | | Act of the 95th General Assembly until (i) 3 years after the |
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| 1 | | effective date of this amendatory Act of the 95th General | 2 | | Assembly, (ii) the date any organization licensee begins to | 3 | | operate a slot machine or video game of chance under the | 4 | | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | 5 | | that payments begin under subsection (c-5) of Section 13 of | 6 | | this the Act, or (iv) the wagering tax imposed under Section 13 | 7 | | of this Act is increased by law to reflect a tax rate that is at | 8 | | least as stringent or more stringent than the tax rate | 9 | | contained in subsection (a-3) of Section 13, whichever occurs | 10 | | first, as a condition of licensure and as an alternative source | 11 | | of payment for those funds payable under subsection (c-5) of | 12 | | Section 13 of this the Riverboat Gambling Act, any owners | 13 | | licensee that holds or receives its owners license on or after | 14 | | the effective date of this amendatory Act of the 94th General | 15 | | Assembly, other than an owners licensee operating a riverboat | 16 | | with adjusted gross receipts in calendar year 2004 of less than | 17 | | $200,000,000, must pay into the Horse Racing Equity Trust Fund, | 18 | | in addition to any other payments required under this Act, an | 19 | | amount equal to 3% of the adjusted gross receipts received by | 20 | | the owners licensee. The payments required under this Section | 21 | | shall be made by the owners licensee to the State Treasurer no | 22 | | later than 3:00 o'clock p.m. of the day after the day when the | 23 | | adjusted gross receipts were received by the owners licensee. A | 24 | | person, firm or corporation is ineligible to receive
an owners | 25 | | license if:
| 26 | | (1) the person has been convicted of a felony under the |
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| 1 | | laws of this
State, any other state, or the United States;
| 2 | | (2) the person has been convicted of any violation of | 3 | | Article 28 of the
Criminal Code of 1961 or the Criminal | 4 | | Code of 2012, or substantially similar laws of any other | 5 | | jurisdiction;
| 6 | | (3) the person has submitted an application for a | 7 | | license under this
Act which contains false information;
| 8 | | (4) the person is
a member of the Board;
| 9 | | (5) a person defined in (1), (2), (3) or (4) is an | 10 | | officer, director or
managerial employee of the firm or | 11 | | corporation;
| 12 | | (6) the firm or corporation employs a person defined in | 13 | | (1), (2), (3) or
(4) who participates in the management or | 14 | | operation of gambling operations
authorized under this | 15 | | Act;
| 16 | | (7) (blank); or
| 17 | | (8) a license of the person, firm or corporation issued | 18 | | under
this Act, or a license to own or operate gambling | 19 | | facilities
in any other jurisdiction, has been revoked.
| 20 | | The Board is expressly prohibited from making changes to | 21 | | the requirement that licensees make payment into the Horse | 22 | | Racing Equity Trust Fund without the express authority of the | 23 | | Illinois General Assembly and making any other rule to | 24 | | implement or interpret this amendatory Act of the 95th General | 25 | | Assembly. For the purposes of this paragraph, "rules" is given | 26 | | the meaning given to that term in Section 1-70 of the Illinois |
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| 1 | | Administrative Procedure Act. | 2 | | (b) In determining whether to grant an owners license to an | 3 | | applicant, the
Board shall consider:
| 4 | | (1) the character, reputation, experience and | 5 | | financial integrity of the
applicants and of any other or | 6 | | separate person that either:
| 7 | | (A) controls, directly or indirectly, such | 8 | | applicant, or
| 9 | | (B) is controlled, directly or indirectly, by such | 10 | | applicant or by a
person which controls, directly or | 11 | | indirectly, such applicant;
| 12 | | (2) the facilities or proposed facilities for the | 13 | | conduct of riverboat
gambling;
| 14 | | (3) the highest prospective total revenue to be derived | 15 | | by the State
from the conduct of riverboat gambling;
| 16 | | (4) the extent to which the ownership of the applicant | 17 | | reflects the
diversity of the State by including minority | 18 | | persons, females, and persons with a disability
and the | 19 | | good faith affirmative action plan of
each applicant to | 20 | | recruit, train and upgrade minority persons, females, and | 21 | | persons with a disability in all employment | 22 | | classifications;
| 23 | | (5) the financial ability of the applicant to purchase | 24 | | and maintain
adequate liability and casualty insurance;
| 25 | | (6) whether the applicant has adequate capitalization | 26 | | to provide and
maintain, for the duration of a license, a |
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| 1 | | riverboat;
| 2 | | (7) the extent to which the applicant exceeds or meets | 3 | | other standards
for the issuance of an owners license which | 4 | | the Board may adopt by rule;
and
| 5 | | (8) The amount of the applicant's license bid.
| 6 | | (c) Each owners license shall specify the place where | 7 | | riverboats shall
operate and dock.
| 8 | | (d) Each applicant shall submit with his application, on | 9 | | forms
provided by the Board, 2 sets of his fingerprints.
| 10 | | (e) The Board may issue up to 10 licenses authorizing the | 11 | | holders of such
licenses to own riverboats. In the application | 12 | | for an owners license, the
applicant shall state the dock at | 13 | | which the riverboat is based and the water
on which the | 14 | | riverboat will be located. The Board shall issue 5 licenses to
| 15 | | become effective not earlier than January 1, 1991. Three of | 16 | | such licenses
shall authorize riverboat gambling on the | 17 | | Mississippi River, or, with approval
by the municipality in | 18 | | which the
riverboat was docked on August 7, 2003 and with Board | 19 | | approval, be authorized to relocate to a new location,
in a
| 20 | | municipality that (1) borders on the Mississippi River or is | 21 | | within 5
miles of the city limits of a municipality that | 22 | | borders on the Mississippi
River and (2), on August 7, 2003, | 23 | | had a riverboat conducting riverboat gambling operations | 24 | | pursuant to
a license issued under this Act; one of which shall | 25 | | authorize riverboat
gambling from a home dock in the city of | 26 | | East St. Louis. One other license
shall
authorize riverboat |
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| 1 | | gambling on
the Illinois River south of Marshall County. The | 2 | | Board shall issue one
additional license to become effective | 3 | | not earlier than March 1, 1992, which
shall authorize riverboat | 4 | | gambling on the Des Plaines River in Will County.
The Board may | 5 | | issue 4 additional licenses to become effective not
earlier | 6 | | than
March 1, 1992. In determining the water upon which | 7 | | riverboats will operate,
the Board shall consider the economic | 8 | | benefit which riverboat gambling confers
on the State, and | 9 | | shall seek to assure that all regions of the State share
in the | 10 | | economic benefits of riverboat gambling.
| 11 | | In granting all licenses, the Board may give favorable | 12 | | consideration to
economically depressed areas of the State, to | 13 | | applicants presenting plans
which provide for significant | 14 | | economic development over a large geographic
area, and to | 15 | | applicants who currently operate non-gambling riverboats in
| 16 | | Illinois.
The Board shall review all applications for owners | 17 | | licenses,
and shall inform each applicant of the Board's | 18 | | decision.
The Board may grant an owners license to an
applicant | 19 | | that has not submitted the highest license bid, but if it does | 20 | | not
select the highest bidder, the Board shall issue a written | 21 | | decision explaining
why another
applicant was selected and | 22 | | identifying the factors set forth in this Section
that favored | 23 | | the winning bidder.
| 24 | | In addition to any other revocation powers granted to the | 25 | | Board under this
Act,
the Board may revoke the owners license | 26 | | of a licensee which fails
to begin conducting gambling within |
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| 1 | | 15 months
of receipt of the
Board's approval of the application | 2 | | if the Board determines that license
revocation is in the best | 3 | | interests of the State.
| 4 | | (f) The first 10 owners licenses issued under this Act | 5 | | shall permit the
holder to own up to 2 riverboats and equipment | 6 | | thereon
for a period of 3 years after the effective date of the | 7 | | license. Holders of
the first 10 owners licenses must pay the | 8 | | annual license fee for each of
the 3
years during which they | 9 | | are authorized to own riverboats.
| 10 | | (g) Upon the termination, expiration, or revocation of each | 11 | | of the first
10 licenses, which shall be issued for a 3 year | 12 | | period, all licenses are
renewable annually upon payment of the | 13 | | fee and a determination by the Board
that the licensee | 14 | | continues to meet all of the requirements of this Act and the
| 15 | | Board's rules.
However, for licenses renewed on or after May 1, | 16 | | 1998, renewal shall be
for a period of 4 years, unless the | 17 | | Board sets a shorter period.
| 18 | | (h) An owners license shall entitle the licensee to own up | 19 | | to 2
riverboats. A licensee shall limit the number of gambling | 20 | | participants to
1,200 for any such owners license.
A licensee | 21 | | may operate both of its riverboats concurrently, provided that | 22 | | the
total number of gambling participants on both riverboats | 23 | | does not exceed
1,200. Riverboats licensed to operate on the
| 24 | | Mississippi River and the Illinois River south of Marshall | 25 | | County shall
have an authorized capacity of at least 500 | 26 | | persons. Any other riverboat
licensed under this Act shall have |
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| 1 | | an authorized capacity of at least 400
persons.
| 2 | | (i) A licensed owner is authorized to apply to the Board | 3 | | for and, if
approved therefor, to receive all licenses from the | 4 | | Board necessary for the
operation of a riverboat, including a | 5 | | liquor license, a license
to prepare and serve food for human | 6 | | consumption, and other necessary
licenses. All use, occupation | 7 | | and excise taxes which apply to the sale of
food and beverages | 8 | | in this State and all taxes imposed on the sale or use
of | 9 | | tangible personal property apply to such sales aboard the | 10 | | riverboat.
| 11 | | (j) The Board may issue or re-issue a license authorizing a | 12 | | riverboat to
dock
in a municipality or approve a relocation | 13 | | under Section 11.2 only if, prior
to the issuance or | 14 | | re-issuance of
the license or approval, the governing body of | 15 | | the municipality in which
the riverboat will dock has by a | 16 | | majority vote approved the docking of
riverboats in the | 17 | | municipality. The Board may issue or re-issue a license
| 18 | | authorizing a
riverboat to dock in areas of a county outside | 19 | | any municipality or approve a
relocation under Section 11.2 | 20 | | only if, prior to the issuance or re-issuance
of the license
or | 21 | | approval, the
governing body of the county has by a majority | 22 | | vote approved of the docking of
riverboats within such areas.
| 23 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| 24 | | (230 ILCS 10/24)
| 25 | | Sec. 24. Applicability of this Illinois Riverboat Gambling |
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| 1 | | Act. The provisions of this the Illinois Riverboat Gambling | 2 | | Act, and all rules promulgated under this Act thereunder , shall | 3 | | apply to the Video Gaming Act, except where there is a conflict | 4 | | between the 2 Acts.
| 5 | | (Source: P.A. 96-37, eff. 7-13-09.) | 6 | | Section 35. The Video Gaming
Act is amended by changing | 7 | | Sections 5, 25, 45, 79, and 80 as follows:
| 8 | | (230 ILCS 40/5)
| 9 | | Sec. 5. Definitions. As used in this Act:
| 10 | | "Board" means the Illinois Gaming Board.
| 11 | | "Credit" means one, 5, 10, or 25 cents either won or | 12 | | purchased by a player.
| 13 | | "Distributor" means an individual, partnership, | 14 | | corporation, or limited liability company licensed under
this | 15 | | Act to buy, sell, lease, or distribute video gaming terminals | 16 | | or major
components or parts of video gaming terminals to or | 17 | | from terminal
operators.
| 18 | | "Terminal operator" means an individual, partnership, | 19 | | corporation, or limited liability company that is
licensed | 20 | | under this Act and that owns, services, and maintains video
| 21 | | gaming terminals for placement in licensed establishments, | 22 | | licensed truck stop establishments, licensed fraternal
| 23 | | establishments, or licensed veterans establishments.
| 24 | | "Licensed technician" means an individual
who
is licensed |
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| 1 | | under this Act to repair,
service, and maintain
video gaming | 2 | | terminals.
| 3 | | "Licensed terminal handler" means a person, including but | 4 | | not limited to an employee or independent contractor working | 5 | | for a manufacturer, distributor, supplier, technician, or | 6 | | terminal operator, who is licensed under this Act to possess or | 7 | | control a video gaming terminal or to have access to the inner | 8 | | workings of a video gaming terminal. A licensed terminal | 9 | | handler does not include an individual, partnership, | 10 | | corporation, or limited liability company defined as a | 11 | | manufacturer, distributor, supplier, technician, or terminal | 12 | | operator under this Act. | 13 | | "Manufacturer" means an individual, partnership, | 14 | | corporation, or limited liability company that is
licensed | 15 | | under this Act and that manufactures or assembles video gaming
| 16 | | terminals.
| 17 | | "Supplier" means an individual, partnership, corporation, | 18 | | or limited liability company that is
licensed under this Act to | 19 | | supply major components or parts to video gaming
terminals to | 20 | | licensed
terminal operators.
| 21 | | "Net terminal income" means money put into a video gaming | 22 | | terminal minus
credits paid out to players.
| 23 | | "Video gaming terminal" means any electronic video game | 24 | | machine
that, upon insertion of cash, is available to play or | 25 | | simulate the play of
a video game, including but not limited to | 26 | | video poker, line up, and blackjack, as
authorized by the Board |
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| 1 | | utilizing a video display and microprocessors in
which the | 2 | | player may receive free games or credits that can be
redeemed | 3 | | for cash. The term does not include a machine that directly
| 4 | | dispenses coins, cash, or tokens or is for amusement purposes | 5 | | only.
| 6 | | "Licensed establishment" means any licensed retail | 7 | | establishment where
alcoholic liquor is drawn, poured, mixed, | 8 | | or otherwise served for consumption
on the premises and | 9 | | includes any such establishment that has a contractual | 10 | | relationship with an inter-track wagering location licensee | 11 | | licensed under the Illinois Horse Racing Act of 1975, provided | 12 | | any contractual relationship shall not include any transfer or | 13 | | offer of revenue from the operation of video gaming under this | 14 | | Act to any licensee licensed under the Illinois Horse Racing | 15 | | Act of 1975. Provided, however, that the licensed establishment | 16 | | that has such a contractual relationship with an inter-track | 17 | | wagering location licensee may not, itself, be (i) an | 18 | | inter-track wagering location licensee, (ii) the corporate | 19 | | parent or subsidiary of any licensee licensed under the | 20 | | Illinois Horse Racing Act of 1975, or (iii) the corporate | 21 | | subsidiary of a corporation that is also the corporate parent | 22 | | or subsidiary of any licensee licensed under the Illinois Horse | 23 | | Racing Act of 1975. "Licensed establishment" does not include a | 24 | | facility operated by an organization licensee, an inter-track | 25 | | wagering licensee, or an inter-track wagering location | 26 | | licensee licensed under the Illinois Horse Racing Act of 1975 |
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| 1 | | or a riverboat licensed under the Casino Gaming Riverboat | 2 | | Gambling Act, except as provided in this paragraph.
| 3 | | "Licensed fraternal establishment" means the location | 4 | | where a qualified
fraternal organization that derives its | 5 | | charter from a national fraternal
organization regularly | 6 | | meets.
| 7 | | "Licensed veterans establishment" means the location where | 8 | | a qualified
veterans organization that derives its charter from | 9 | | a national veterans
organization regularly meets.
| 10 | | "Licensed truck stop establishment" means a facility (i) | 11 | | that is at least a
3-acre facility with a convenience store, | 12 | | (ii) with separate diesel
islands for fueling commercial motor | 13 | | vehicles, (iii) that sells at retail more than 10,000 gallons | 14 | | of diesel or biodiesel fuel per month, and (iv) with parking | 15 | | spaces for commercial
motor vehicles. "Commercial motor | 16 | | vehicles" has the same meaning as defined in Section 18b-101 of | 17 | | the Illinois Vehicle Code. The requirement of item (iii) of | 18 | | this paragraph may be met by showing that estimated future | 19 | | sales or past sales average at least 10,000 gallons per month.
| 20 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 21 | | 96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff. | 22 | | 8-12-11.)
| 23 | | (230 ILCS 40/25)
| 24 | | Sec. 25. Restriction of licensees.
| 25 | | (a) Manufacturer. A person may not be licensed as a |
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| 1 | | manufacturer of a
video gaming terminal in Illinois unless the | 2 | | person has a valid
manufacturer's license issued
under this | 3 | | Act. A manufacturer may only sell video gaming terminals for | 4 | | use
in Illinois to
persons having a valid distributor's | 5 | | license.
| 6 | | (b) Distributor. A person may not sell, distribute, or | 7 | | lease
or market a video gaming terminal in Illinois unless the | 8 | | person has a valid
distributor's
license issued under this Act. | 9 | | A distributor may only sell video gaming
terminals for use in
| 10 | | Illinois to persons having a valid distributor's or terminal | 11 | | operator's
license.
| 12 | | (c) Terminal operator. A person may not own, maintain, or | 13 | | place a video gaming terminal unless he has a valid terminal | 14 | | operator's
license issued
under this Act. A terminal operator | 15 | | may only place video gaming terminals for
use in
Illinois in | 16 | | licensed establishments, licensed truck stop establishments, | 17 | | licensed fraternal establishments,
and
licensed veterans | 18 | | establishments.
No terminal operator may give anything of | 19 | | value, including but not limited to
a loan or financing | 20 | | arrangement, to a licensed establishment, licensed truck stop | 21 | | establishment,
licensed fraternal establishment, or licensed | 22 | | veterans establishment as
any incentive or inducement to locate | 23 | | video terminals in that establishment.
Of the after-tax profits
| 24 | | from a video gaming terminal, 50% shall be paid to the terminal
| 25 | | operator and 50% shall be paid to the licensed establishment, | 26 | | licensed truck stop establishment,
licensed fraternal |
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| 1 | | establishment, or
licensed veterans establishment, | 2 | | notwithstanding any agreement to the contrary.
A video terminal | 3 | | operator that violates one or more requirements of this | 4 | | subsection is guilty of a Class 4 felony and is subject to | 5 | | termination of his or her license by the Board.
| 6 | | (d) Licensed technician. A person may not service, | 7 | | maintain, or repair a
video gaming terminal
in this State | 8 | | unless he or she (1) has a valid technician's license issued
| 9 | | under this Act, (2) is a terminal operator, or (3) is employed | 10 | | by a terminal
operator, distributor, or manufacturer.
| 11 | | (d-5) Licensed terminal handler. No person, including, but | 12 | | not limited to, an employee or independent contractor working | 13 | | for a manufacturer, distributor, supplier, technician, or | 14 | | terminal operator licensed pursuant to this Act, shall have | 15 | | possession or control of a video gaming terminal, or access to | 16 | | the inner workings of a video gaming terminal, unless that | 17 | | person possesses a valid terminal handler's license issued | 18 | | under this Act. | 19 | | (e) Licensed establishment. No video gaming terminal may be | 20 | | placed in any licensed establishment, licensed veterans | 21 | | establishment, licensed truck stop establishment,
or licensed | 22 | | fraternal establishment
unless the owner
or agent of the owner | 23 | | of the licensed establishment, licensed veterans | 24 | | establishment, licensed truck stop establishment, or licensed
| 25 | | fraternal establishment has entered into a
written use | 26 | | agreement with the terminal operator for placement of the
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| 1 | | terminals. A copy of the use agreement shall be on file in the | 2 | | terminal
operator's place of business and available for | 3 | | inspection by individuals
authorized by the Board. A licensed | 4 | | establishment, licensed truck stop establishment, licensed | 5 | | veterans establishment,
or
licensed
fraternal
establishment | 6 | | may operate up to 5 video gaming terminals on its premises at | 7 | | any
time.
| 8 | | (f) (Blank).
| 9 | | (g) Financial interest restrictions.
As used in this Act, | 10 | | "substantial interest" in a partnership, a corporation, an
| 11 | | organization, an association, a business, or a limited | 12 | | liability company means:
| 13 | | (A) When, with respect to a sole proprietorship, an | 14 | | individual or
his or her spouse owns, operates, manages, or | 15 | | conducts, directly
or indirectly, the organization, | 16 | | association, or business, or any part thereof;
or
| 17 | | (B) When, with respect to a partnership, the individual | 18 | | or his or
her spouse shares in any of the profits, or | 19 | | potential profits,
of the partnership activities; or
| 20 | | (C) When, with respect to a corporation, an individual | 21 | | or his or her
spouse is an officer or director, or the | 22 | | individual or his or her spouse is a holder, directly or | 23 | | beneficially, of 5% or more of any class
of stock of the | 24 | | corporation; or
| 25 | | (D) When, with respect to an organization not covered | 26 | | in (A), (B) or
(C) above, an individual or his or her |
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| 1 | | spouse is an officer or manages the
business affairs, or | 2 | | the individual or his or her spouse is the
owner of or | 3 | | otherwise controls 10% or more of the assets of the | 4 | | organization;
or
| 5 | | (E) When an individual or his or her spouse furnishes
| 6 | | 5% or more of the capital, whether in cash, goods, or | 7 | | services, for the
operation of any business, association, | 8 | | or organization during any calendar
year; or | 9 | | (F) When, with respect to a limited liability company, | 10 | | an individual or his or her
spouse is a member, or the | 11 | | individual or his or her spouse is a holder, directly or | 12 | | beneficially, of 5% or more of the membership interest of | 13 | | the limited liability company.
| 14 | | For purposes of this subsection (g), "individual" includes | 15 | | all individuals or their spouses whose combined interest would | 16 | | qualify as a substantial interest under this subsection (g) and | 17 | | whose activities with respect to an organization, association, | 18 | | or business are so closely aligned or coordinated as to | 19 | | constitute the activities of a single entity. | 20 | | (h) Location restriction. A licensed establishment, | 21 | | licensed truck stop establishment, licensed
fraternal
| 22 | | establishment, or licensed veterans establishment that is (i) | 23 | | located within 1,000
feet of a facility operated by an | 24 | | organization licensee or an inter-track wagering licensee | 25 | | licensed under the Illinois Horse Racing Act of 1975 or the | 26 | | home dock of a riverboat licensed under the Casino Gaming |
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| 1 | | Riverboat
Gambling Act or (ii) located within 100 feet of a | 2 | | school or a place of worship under the Religious Corporation | 3 | | Act, is ineligible to operate a video gaming terminal. The | 4 | | location restrictions in this subsection (h) do not apply if a | 5 | | facility operated by an organization licensee, an inter-track | 6 | | wagering licensee, or an inter-track wagering location | 7 | | licensee, a school, or a place of worship moves to or is | 8 | | established within the restricted area after a licensed | 9 | | establishment, licensed truck stop establishment, licensed | 10 | | fraternal establishment, or licensed veterans establishment | 11 | | becomes licensed under this Act. For the purpose of this | 12 | | subsection, "school" means an elementary or secondary public | 13 | | school, or an elementary or secondary private school registered | 14 | | with or recognized by the State Board of Education. | 15 | | Notwithstanding the provisions of this subsection (h), the | 16 | | Board may waive the requirement that a licensed establishment, | 17 | | licensed truck stop establishment, licensed fraternal | 18 | | establishment, or licensed veterans establishment not be | 19 | | located within 1,000 feet from a facility operated by an | 20 | | organization licensee, an inter-track wagering licensee, or an | 21 | | inter-track wagering location licensee licensed under the | 22 | | Illinois Horse Racing Act of 1975 or the home dock of a | 23 | | riverboat licensed under the Casino Gaming Riverboat Gambling | 24 | | Act. The Board shall not grant such waiver if there is any | 25 | | common ownership or control, shared business activity, or | 26 | | contractual arrangement of any type between the establishment |
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| 1 | | and the organization licensee, inter-track wagering licensee, | 2 | | inter-track wagering location licensee, or owners licensee of a | 3 | | riverboat. The Board shall adopt rules to implement the | 4 | | provisions of this paragraph. | 5 | | (i) Undue economic concentration. In addition to | 6 | | considering all other requirements under this Act, in deciding | 7 | | whether to approve the operation of video gaming terminals by a | 8 | | terminal operator in a location, the Board shall consider the | 9 | | impact of any economic concentration of such operation of video | 10 | | gaming terminals. The Board shall not allow a terminal operator | 11 | | to operate video gaming terminals if the Board determines such | 12 | | operation will result in undue economic concentration. For | 13 | | purposes of this Section, "undue economic concentration" means | 14 | | that a terminal operator would have such actual or potential | 15 | | influence over video gaming terminals in Illinois as to: | 16 | | (1) substantially impede or suppress competition among | 17 | | terminal operators; | 18 | | (2) adversely impact the economic stability of the | 19 | | video gaming industry in Illinois; or | 20 | | (3) negatively impact the purposes of the Video Gaming | 21 | | Act. | 22 | | The Board shall adopt rules concerning undue economic | 23 | | concentration with respect to the operation of video gaming | 24 | | terminals in Illinois. The rules shall include, but not be | 25 | | limited to, (i) limitations on the number of video gaming | 26 | | terminals operated by any terminal operator within a defined |
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| 1 | | geographic radius and (ii) guidelines on the discontinuation of | 2 | | operation of any such video gaming terminals the Board | 3 | | determines will cause undue economic concentration.
| 4 | | (j) The provisions of the Illinois Antitrust Act are fully | 5 | | and equally applicable to the activities of any licensee under | 6 | | this Act.
| 7 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 8 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; | 9 | | 96-1479, eff. 8-23-10; 97-333, eff. 8-12-11.)
| 10 | | (230 ILCS 40/45)
| 11 | | Sec. 45. Issuance of license.
| 12 | | (a) The burden is upon each applicant to
demonstrate his | 13 | | suitability for licensure. Each video gaming terminal
| 14 | | manufacturer, distributor, supplier, operator, handler, | 15 | | licensed establishment, licensed truck stop establishment, | 16 | | licensed
fraternal
establishment, and licensed veterans | 17 | | establishment shall be
licensed by the Board.
The Board may | 18 | | issue or deny a license under this Act to any person pursuant | 19 | | to the same criteria set forth in Section 9 of the Casino | 20 | | Gaming Riverboat Gambling Act.
| 21 | | (a-5) The Board shall not grant a license to a person who | 22 | | has facilitated, enabled, or participated in the use of | 23 | | coin-operated devices for gambling purposes or who is under the | 24 | | significant influence or control of such a person. For the | 25 | | purposes of this Act, "facilitated, enabled, or participated in |
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| 1 | | the use of coin-operated amusement devices for gambling | 2 | | purposes" means that the person has been convicted of any | 3 | | violation of Article 28 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012. If there is pending legal action against | 5 | | a person for any such violation, then the Board shall delay the | 6 | | licensure of that person until the legal action is resolved. | 7 | | (b) Each person seeking and possessing a license as a video | 8 | | gaming terminal manufacturer, distributor, supplier, operator, | 9 | | handler, licensed establishment, licensed truck stop | 10 | | establishment, licensed fraternal establishment, or licensed | 11 | | veterans establishment shall submit to a background | 12 | | investigation conducted by the Board with the assistance of the | 13 | | State Police or other law enforcement. The background | 14 | | investigation shall include each beneficiary of a trust, each | 15 | | partner of a partnership, and each director and officer and all | 16 | | stockholders of 5% or more in a parent or subsidiary | 17 | | corporation of a video gaming terminal manufacturer, | 18 | | distributor, supplier, operator, or licensed establishment, | 19 | | licensed truck stop establishment, licensed fraternal | 20 | | establishment, or licensed veterans establishment. | 21 | | (c) Each person seeking and possessing a license as a video | 22 | | gaming terminal manufacturer, distributor, supplier, operator, | 23 | | handler, licensed establishment, licensed truck stop | 24 | | establishment, licensed fraternal establishment, or licensed | 25 | | veterans establishment shall disclose the identity of every | 26 | | person, association, trust, corporation, or limited liability |
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| 1 | | company having a greater than 1% direct or indirect pecuniary | 2 | | interest in the video gaming terminal operation for which the | 3 | | license is sought. If the disclosed entity is a trust, the | 4 | | application shall disclose the names and addresses of the | 5 | | beneficiaries; if a corporation, the names and addresses of all | 6 | | stockholders and directors; if a limited liability company, the | 7 | | names and addresses of all members; or if a partnership, the | 8 | | names and addresses of all partners, both general and limited. | 9 | | (d) No person may be licensed as a video gaming terminal | 10 | | manufacturer, distributor, supplier, operator, handler, | 11 | | licensed establishment, licensed truck stop establishment, | 12 | | licensed fraternal establishment, or licensed veterans | 13 | | establishment if that person has been found by the Board to: | 14 | | (1) have a background, including a criminal record, | 15 | | reputation, habits, social or business associations, or | 16 | | prior activities that pose a threat to the public interests | 17 | | of the State or to the security and integrity of video | 18 | | gaming; | 19 | | (2) create or enhance the dangers of unsuitable, | 20 | | unfair, or illegal practices, methods, and activities in | 21 | | the conduct of video gaming; or | 22 | | (3) present questionable business practices and | 23 | | financial arrangements incidental to the conduct of video | 24 | | gaming activities. | 25 | | (e) Any applicant for any license under this Act has the | 26 | | burden of proving his or her qualifications to the satisfaction |
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| 1 | | of the Board. The Board may adopt rules to establish additional | 2 | | qualifications and requirements to preserve the integrity and | 3 | | security of video gaming in this State. | 4 | | (f) A non-refundable application fee shall be paid at the | 5 | | time an
application for a license is filed with the Board in | 6 | | the following amounts:
| 7 | | (1) Manufacturer ..........................$5,000
| 8 | | (2) Distributor ...........................$5,000
| 9 | | (3) Terminal operator .....................$5,000
| 10 | | (4) Supplier ..............................$2,500
| 11 | | (5) Technician ..............................$100
| 12 | | (6) Terminal Handler ..............................$50 | 13 | | (g) The Board shall establish an
annual fee for each | 14 | | license not to exceed the following: | 15 | | (1) Manufacturer .........................$10,000
| 16 | | (2) Distributor ..........................$10,000
| 17 | | (3) Terminal operator .....................$5,000
| 18 | | (4) Supplier ..............................$2,000
| 19 | | (5) Technician ..............................$100
| 20 | | (6) Licensed establishment, licensed truck stop
| 21 | | establishment, licensed fraternal establishment,
| 22 | | or licensed veterans establishment ..............$100
| 23 | | (7) Video gaming terminal ...................$100
| 24 | | (8) Terminal Handler ..............................$50
| 25 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 26 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; |
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| 1 | | 97-1150, eff. 1-25-13.)
| 2 | | (230 ILCS 40/79) | 3 | | Sec. 79. Investigators. Investigators appointed by the | 4 | | Board pursuant to the powers conferred upon the Board by | 5 | | paragraph (20.6) of subsection (c) of Section 5 of the Casino | 6 | | Gaming Riverboat Gambling Act and Section 80 of this Act shall | 7 | | have authority to conduct investigations, searches, seizures, | 8 | | arrests, and other duties imposed under this Act and the Casino | 9 | | Gaming Riverboat Gambling Act, as deemed necessary by the | 10 | | Board. These investigators have and may exercise all of the | 11 | | rights and powers of peace officers, provided that these powers | 12 | | shall be (1) limited to offenses or violations occurring or | 13 | | committed in connection with conduct subject to this Act, | 14 | | including, but not limited to, the manufacture, distribution, | 15 | | supply, operation, placement, service, maintenance, or play of | 16 | | video gaming terminals and the distribution of profits and | 17 | | collection of revenues resulting from such play, and (2) | 18 | | exercised, to the fullest extent practicable, in cooperation | 19 | | with the local police department of the applicable municipality | 20 | | or, if these powers are exercised outside the boundaries of an | 21 | | incorporated municipality or within a municipality that does | 22 | | not have its own police department, in cooperation with the | 23 | | police department whose jurisdiction encompasses the | 24 | | applicable locality.
| 25 | | (Source: P.A. 97-809, eff. 7-13-12.)
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| 1 | | (230 ILCS 40/80)
| 2 | | Sec. 80. Applicability of the Casino Gaming Illinois | 3 | | Riverboat Gambling Act. The provisions of the Casino Gaming | 4 | | Illinois Riverboat Gambling Act, and all rules promulgated | 5 | | thereunder, shall apply to the Video Gaming Act, except where | 6 | | there is a conflict between the 2 Acts. All provisions of the | 7 | | Uniform Penalty and Interest Act shall apply, as far as | 8 | | practicable, to the subject matter of this Act to the same | 9 | | extent as if such provisions were included herein.
| 10 | | (Source: P.A. 96-37, eff. 7-13-09.)
| 11 | | Section 40. The Liquor Control Act of 1934 is amended by | 12 | | changing Sections 5-1 and 6-30 as follows: | 13 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 14 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 15 | | Commission
shall be of the following classes: | 16 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 17 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 18 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 19 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 20 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 21 | | 10. Craft Brewer, | 22 | | (b) Distributor's license, | 23 | | (c) Importing Distributor's license, |
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| 1 | | (d) Retailer's license, | 2 | | (e) Special Event Retailer's license (not-for-profit), | 3 | | (f) Railroad license, | 4 | | (g) Boat license, | 5 | | (h) Non-Beverage User's license, | 6 | | (i) Wine-maker's premises license, | 7 | | (j) Airplane license, | 8 | | (k) Foreign importer's license, | 9 | | (l) Broker's license, | 10 | | (m) Non-resident dealer's
license, | 11 | | (n) Brew Pub license, | 12 | | (o) Auction liquor license, | 13 | | (p) Caterer retailer license, | 14 | | (q) Special use permit license, | 15 | | (r) Winery shipper's license.
| 16 | | No
person, firm, partnership, corporation, or other legal | 17 | | business entity that is
engaged in the manufacturing of wine | 18 | | may concurrently obtain and hold a
wine-maker's license and a | 19 | | wine manufacturer's license. | 20 | | (a) A manufacturer's license shall allow the manufacture,
| 21 | | importation in bulk, storage, distribution and sale of | 22 | | alcoholic liquor
to persons without the State, as may be | 23 | | permitted by law and to licensees
in this State as follows: | 24 | | Class 1. A Distiller may make sales and deliveries of | 25 | | alcoholic liquor to
distillers, rectifiers, importing | 26 | | distributors, distributors and
non-beverage users and to no |
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| 1 | | other licensees. | 2 | | Class 2. A Rectifier, who is not a distiller, as defined | 3 | | herein, may make
sales and deliveries of alcoholic liquor to | 4 | | rectifiers, importing distributors,
distributors, retailers | 5 | | and non-beverage users and to no other licensees. | 6 | | Class 3. A Brewer may make sales and deliveries of beer to | 7 | | importing
distributors and distributors and may make sales as | 8 | | authorized under subsection (e) of Section 6-4 of this Act. | 9 | | Class 4. A first class wine-manufacturer may make sales and | 10 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 11 | | importing
distributors and distributors, and to no other | 12 | | licensees. | 13 | | Class 5. A second class Wine manufacturer may make sales | 14 | | and deliveries
of more than 50,000 gallons of wine to | 15 | | manufacturers, importing distributors
and distributors and to | 16 | | no other licensees. | 17 | | Class 6. A first-class wine-maker's license shall allow the | 18 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 19 | | storage
and sale of such
wine to distributors in the State and | 20 | | to persons without the
State, as may be permitted by law. A | 21 | | person who, prior to the effective date of this amendatory Act | 22 | | of the 95th General Assembly, is a holder of a first-class | 23 | | wine-maker's license and annually produces more than 25,000 | 24 | | gallons of its own wine and who distributes its wine to | 25 | | licensed retailers shall cease this practice on or before July | 26 | | 1, 2008 in compliance with this amendatory Act of the 95th |
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| 1 | | General Assembly. | 2 | | Class 7. A second-class wine-maker's license shall allow | 3 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 4 | | per year, and
the
storage and sale of such wine
to distributors | 5 | | in this State and to persons without the State, as may be
| 6 | | permitted by law. A person who, prior to the effective date of | 7 | | this amendatory Act of the 95th General Assembly, is a holder | 8 | | of a second-class wine-maker's license and annually produces | 9 | | more than 25,000 gallons of its own wine and who distributes | 10 | | its wine to licensed retailers shall cease this practice on or | 11 | | before July 1, 2008 in compliance with this amendatory Act of | 12 | | the 95th General Assembly. | 13 | | Class 8. A limited wine-manufacturer may make sales and | 14 | | deliveries not to
exceed 40,000 gallons of wine per year to | 15 | | distributors, and to
non-licensees in accordance with the | 16 | | provisions of this Act. | 17 | | Class 9. A craft distiller license shall allow the | 18 | | manufacture of up to 15,000 gallons of spirits by distillation | 19 | | per year and the storage of such spirits. If a craft distiller | 20 | | licensee is not affiliated with any other manufacturer, then | 21 | | the craft distiller licensee may sell such spirits to | 22 | | distributors in this State and non-licensees to the extent | 23 | | permitted by any exemption approved by the Commission pursuant | 24 | | to Section 6-4 of this Act. | 25 | | Any craft distiller licensed under this Act who on the | 26 | | effective date of this amendatory Act of the 96th General |
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| 1 | | Assembly was licensed as a distiller and manufactured no more | 2 | | spirits than permitted by this Section shall not be required to | 3 | | pay the initial licensing fee. | 4 | | Class 10. A craft brewer's license, which may only be | 5 | | issued to a licensed brewer or licensed non-resident dealer, | 6 | | shall allow the manufacture of up to 465,000 gallons of beer | 7 | | per year. A craft brewer licensee may make sales and deliveries | 8 | | to importing distributors and distributors and to retail | 9 | | licensees in accordance with the conditions set forth in | 10 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. | 11 | | (a-1) A manufacturer which is licensed in this State to | 12 | | make sales or
deliveries of alcoholic liquor and which enlists | 13 | | agents, representatives, or
individuals acting on its behalf | 14 | | who contact licensed retailers on a regular
and continual basis | 15 | | in this State must register those agents, representatives,
or | 16 | | persons acting on its behalf with the State Commission. | 17 | | Registration of agents, representatives, or persons acting | 18 | | on behalf of a
manufacturer is fulfilled by submitting a form | 19 | | to the Commission. The form
shall be developed by the | 20 | | Commission and shall include the name and address of
the | 21 | | applicant, the name and address of the manufacturer he or she | 22 | | represents,
the territory or areas assigned to sell to or | 23 | | discuss pricing terms of
alcoholic liquor, and any other | 24 | | questions deemed appropriate and necessary.
All statements in | 25 | | the forms required to be made by law or by rule shall be
deemed | 26 | | material, and any person who knowingly misstates any material |
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| 1 | | fact under
oath in an application is guilty of a Class B | 2 | | misdemeanor. Fraud,
misrepresentation, false statements, | 3 | | misleading statements, evasions, or
suppression of material | 4 | | facts in the securing of a registration are grounds for
| 5 | | suspension or revocation of the registration. | 6 | | (b) A distributor's license shall allow the wholesale | 7 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 8 | | liquors to licensees
in this State and to persons without the | 9 | | State, as may be permitted by law. | 10 | | (c) An importing distributor's license may be issued to and | 11 | | held by
those only who are duly licensed distributors, upon the | 12 | | filing of an
application by a duly licensed distributor, with | 13 | | the Commission and
the Commission shall, without the
payment of | 14 | | any fee, immediately issue such importing distributor's
| 15 | | license to the applicant, which shall allow the importation of | 16 | | alcoholic
liquor by the licensee into this State from any point | 17 | | in the United
States outside this State, and the purchase of | 18 | | alcoholic liquor in
barrels, casks or other bulk containers and | 19 | | the bottling of such
alcoholic liquors before resale thereof, | 20 | | but all bottles or containers
so filled shall be sealed, | 21 | | labeled, stamped and otherwise made to comply
with all | 22 | | provisions, rules and regulations governing manufacturers in
| 23 | | the preparation and bottling of alcoholic liquors. The | 24 | | importing
distributor's license shall permit such licensee to | 25 | | purchase alcoholic
liquor from Illinois licensed non-resident | 26 | | dealers and foreign importers only. |
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| 1 | | (d) A retailer's license shall allow the licensee to sell | 2 | | and offer
for sale at retail, only in the premises specified in | 3 | | the license,
alcoholic liquor for use or consumption, but not | 4 | | for resale in any form. Nothing in this amendatory Act of the | 5 | | 95th General Assembly shall deny, limit, remove, or restrict | 6 | | the ability of a holder of a retailer's license to transfer, | 7 | | deliver, or ship alcoholic liquor to the purchaser for use or | 8 | | consumption subject to any applicable local law or ordinance. | 9 | | Any retail license issued to a manufacturer shall only
permit | 10 | | the manufacturer to sell beer at retail on the premises | 11 | | actually
occupied by the manufacturer. For the purpose of | 12 | | further describing the type of business conducted at a retail | 13 | | licensed premises, a retailer's licensee may be designated by | 14 | | the State Commission as (i) an on premise consumption retailer, | 15 | | (ii) an off premise sale retailer, or (iii) a combined on | 16 | | premise consumption and off premise sale retailer.
| 17 | | Notwithstanding any other provision of this subsection | 18 | | (d), a retail
licensee may sell alcoholic liquors to a special | 19 | | event retailer licensee for
resale to the extent permitted | 20 | | under subsection (e). | 21 | | (e) A special event retailer's license (not-for-profit) | 22 | | shall permit the
licensee to purchase alcoholic liquors from an | 23 | | Illinois licensed distributor
(unless the licensee purchases | 24 | | less than $500 of alcoholic liquors for the
special event, in | 25 | | which case the licensee may purchase the alcoholic liquors
from | 26 | | a licensed retailer) and shall allow the licensee to sell and |
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| 1 | | offer for
sale, at retail, alcoholic liquors for use or | 2 | | consumption, but not for resale
in any form and only at the | 3 | | location and on the specific dates designated for
the special | 4 | | event in the license. An applicant for a special event retailer
| 5 | | license must
(i) furnish with the application: (A) a resale | 6 | | number issued under Section
2c of the Retailers' Occupation Tax | 7 | | Act or evidence that the applicant is
registered under Section | 8 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 9 | | exemption identification
number issued under Section 1g of the | 10 | | Retailers' Occupation Tax Act, and a
certification to the | 11 | | Commission that the purchase of alcoholic liquors will be
a | 12 | | tax-exempt purchase, or (C) a statement that the applicant is | 13 | | not registered
under Section 2a of the Retailers' Occupation | 14 | | Tax Act, does not hold a resale
number under Section 2c of the | 15 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 16 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 17 | | in which event the Commission shall set forth on the special | 18 | | event
retailer's license a statement to that effect; (ii) | 19 | | submit with the application proof satisfactory to
the State | 20 | | Commission that the applicant will provide dram shop liability
| 21 | | insurance in the maximum limits; and (iii) show proof | 22 | | satisfactory to the
State Commission that the applicant has | 23 | | obtained local authority
approval. | 24 | | (f) A railroad license shall permit the licensee to import | 25 | | alcoholic
liquors into this State from any point in the United | 26 | | States outside this
State and to store such alcoholic liquors |
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| 1 | | in this State; to make wholesale
purchases of alcoholic liquors | 2 | | directly from manufacturers, foreign
importers, distributors | 3 | | and importing distributors from within or outside
this State; | 4 | | and to store such alcoholic liquors in this State; provided
| 5 | | that the above powers may be exercised only in connection with | 6 | | the
importation, purchase or storage of alcoholic liquors to be | 7 | | sold or
dispensed on a club, buffet, lounge or dining car | 8 | | operated on an electric,
gas or steam railway in this State; | 9 | | and provided further, that railroad
licensees exercising the | 10 | | above powers shall be subject to all provisions of
Article VIII | 11 | | of this Act as applied to importing distributors. A railroad
| 12 | | license shall also permit the licensee to sell or dispense | 13 | | alcoholic
liquors on any club, buffet, lounge or dining car | 14 | | operated on an electric,
gas or steam railway regularly | 15 | | operated by a common carrier in this State,
but shall not | 16 | | permit the sale for resale of any alcoholic liquors to any
| 17 | | licensee within this State. A license shall be obtained for | 18 | | each car in which
such sales are made. | 19 | | (g) A boat license shall allow the sale of alcoholic liquor | 20 | | in
individual drinks, on any passenger boat regularly operated | 21 | | as a common
carrier on navigable waters in this State or on any | 22 | | riverboat operated
under
the Casino Gaming Riverboat Gambling | 23 | | Act, which boat or riverboat maintains a public
dining room or | 24 | | restaurant thereon. | 25 | | (h) A non-beverage user's license shall allow the licensee | 26 | | to
purchase alcoholic liquor from a licensed manufacturer or |
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| 1 | | importing
distributor, without the imposition of any tax upon | 2 | | the business of such
licensed manufacturer or importing | 3 | | distributor as to such alcoholic
liquor to be used by such | 4 | | licensee solely for the non-beverage purposes
set forth in | 5 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 6 | | shall be divided and classified and shall permit the
purchase, | 7 | | possession and use of limited and stated quantities of
| 8 | | alcoholic liquor as follows: | 9 | | Class 1, not to exceed ......................... 500 gallons
| 10 | | Class 2, not to exceed ....................... 1,000 gallons
| 11 | | Class 3, not to exceed ....................... 5,000 gallons
| 12 | | Class 4, not to exceed ...................... 10,000 gallons
| 13 | | Class 5, not to exceed ....................... 50,000 gallons | 14 | | (i) A wine-maker's premises license shall allow a
licensee | 15 | | that concurrently holds a first-class wine-maker's license to | 16 | | sell
and offer for sale at retail in the premises specified in | 17 | | such license
not more than 50,000 gallons of the first-class | 18 | | wine-maker's wine that is
made at the first-class wine-maker's | 19 | | licensed premises per year for use or
consumption, but not for | 20 | | resale in any form. A wine-maker's premises
license shall allow | 21 | | a licensee who concurrently holds a second-class
wine-maker's | 22 | | license to sell and offer for sale at retail in the premises
| 23 | | specified in such license up to 100,000 gallons of the
| 24 | | second-class wine-maker's wine that is made at the second-class | 25 | | wine-maker's
licensed premises per year
for use or consumption | 26 | | but not for resale in any form. A wine-maker's premises license |
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| 1 | | shall allow a
licensee that concurrently holds a first-class | 2 | | wine-maker's license or a second-class
wine-maker's license to | 3 | | sell
and offer for sale at retail at the premises specified in | 4 | | the wine-maker's premises license, for use or consumption but | 5 | | not for resale in any form, any beer, wine, and spirits | 6 | | purchased from a licensed distributor. Upon approval from the
| 7 | | State Commission, a wine-maker's premises license
shall allow | 8 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 9 | | licensed premises and (ii) at up to 2 additional locations for | 10 | | use and
consumption and not for resale. Each location shall | 11 | | require additional
licensing per location as specified in | 12 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 13 | | secure liquor liability insurance coverage in an amount at
| 14 | | least equal to the maximum liability amounts set forth in
| 15 | | subsection (a) of Section 6-21 of this Act.
| 16 | | (j) An airplane license shall permit the licensee to import
| 17 | | alcoholic liquors into this State from any point in the United | 18 | | States
outside this State and to store such alcoholic liquors | 19 | | in this State; to
make wholesale purchases of alcoholic liquors | 20 | | directly from
manufacturers, foreign importers, distributors | 21 | | and importing
distributors from within or outside this State; | 22 | | and to store such
alcoholic liquors in this State; provided | 23 | | that the above powers may be
exercised only in connection with | 24 | | the importation, purchase or storage
of alcoholic liquors to be | 25 | | sold or dispensed on an airplane; and
provided further, that | 26 | | airplane licensees exercising the above powers
shall be subject |
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| 1 | | to all provisions of Article VIII of this Act as
applied to | 2 | | importing distributors. An airplane licensee shall also
permit | 3 | | the sale or dispensing of alcoholic liquors on any passenger
| 4 | | airplane regularly operated by a common carrier in this State, | 5 | | but shall
not permit the sale for resale of any alcoholic | 6 | | liquors to any licensee
within this State. A single airplane | 7 | | license shall be required of an
airline company if liquor | 8 | | service is provided on board aircraft in this
State. The annual | 9 | | fee for such license shall be as determined in
Section 5-3. | 10 | | (k) A foreign importer's license shall permit such licensee | 11 | | to purchase
alcoholic liquor from Illinois licensed | 12 | | non-resident dealers only, and to
import alcoholic liquor other | 13 | | than in bulk from any point outside the
United States and to | 14 | | sell such alcoholic liquor to Illinois licensed
importing | 15 | | distributors and to no one else in Illinois;
provided that (i) | 16 | | the foreign importer registers with the State Commission
every
| 17 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 18 | | licensees during the
license period, (ii) the foreign importer | 19 | | complies with all of the provisions
of Section
6-9 of this Act | 20 | | with respect to registration of such Illinois licensees as may
| 21 | | be granted the
right to sell such brands at wholesale, and | 22 | | (iii) the foreign importer complies with the provisions of | 23 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 24 | | provisions apply to manufacturers. | 25 | | (l) (i) A broker's license shall be required of all persons
| 26 | | who solicit
orders for, offer to sell or offer to supply |
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| 1 | | alcoholic liquor to
retailers in the State of Illinois, or who | 2 | | offer to retailers to ship or
cause to be shipped or to make | 3 | | contact with distillers, rectifiers,
brewers or manufacturers | 4 | | or any other party within or without the State
of Illinois in | 5 | | order that alcoholic liquors be shipped to a distributor,
| 6 | | importing distributor or foreign importer, whether such | 7 | | solicitation or
offer is consummated within or without the | 8 | | State of Illinois. | 9 | | No holder of a retailer's license issued by the Illinois | 10 | | Liquor
Control Commission shall purchase or receive any | 11 | | alcoholic liquor, the
order for which was solicited or offered | 12 | | for sale to such retailer by a
broker unless the broker is the | 13 | | holder of a valid broker's license. | 14 | | The broker shall, upon the acceptance by a retailer of the | 15 | | broker's
solicitation of an order or offer to sell or supply or | 16 | | deliver or have
delivered alcoholic liquors, promptly forward | 17 | | to the Illinois Liquor
Control Commission a notification of | 18 | | said transaction in such form as
the Commission may by | 19 | | regulations prescribe. | 20 | | (ii) A broker's license shall be required of
a person | 21 | | within this State, other than a retail licensee,
who, for a fee | 22 | | or commission, promotes, solicits, or accepts orders for
| 23 | | alcoholic liquor, for use or consumption and not for
resale, to | 24 | | be shipped from this State and delivered to residents outside | 25 | | of
this State by an express company, common carrier, or | 26 | | contract carrier.
This Section does not apply to any person who |
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| 1 | | promotes, solicits, or accepts
orders for wine as specifically | 2 | | authorized in Section 6-29 of this Act. | 3 | | A broker's license under this subsection (l)
shall not | 4 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 5 | | own account or to take or deliver title to
such alcoholic | 6 | | liquors. | 7 | | This subsection (l)
shall not apply to distributors, | 8 | | employees of
distributors, or employees of a manufacturer who | 9 | | has registered the
trademark, brand or name of the alcoholic | 10 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 11 | | sells such alcoholic liquor
in the State of Illinois only to | 12 | | its registrants thereunder. | 13 | | Any agent, representative, or person subject to | 14 | | registration pursuant to
subsection (a-1) of this Section shall | 15 | | not be eligible to receive a broker's
license. | 16 | | (m) A non-resident dealer's license shall permit such | 17 | | licensee to ship
into and warehouse alcoholic liquor into this | 18 | | State from any point
outside of this State, and to sell such | 19 | | alcoholic liquor to Illinois licensed
foreign importers and | 20 | | importing distributors and to no one else in this State;
| 21 | | provided that (i) said non-resident dealer shall register with | 22 | | the Illinois Liquor
Control Commission each and every brand of | 23 | | alcoholic liquor which it proposes
to sell to Illinois | 24 | | licensees during the license period, (ii) it shall comply with | 25 | | all of the provisions of Section 6-9 hereof with
respect to | 26 | | registration of such Illinois licensees as may be granted the |
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| 1 | | right
to sell such brands at wholesale, and (iii) the | 2 | | non-resident dealer shall comply with the provisions of | 3 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 4 | | provisions apply to manufacturers. | 5 | | (n) A brew pub license shall allow the licensee (i) to | 6 | | manufacture beer only
on the premises specified in the license, | 7 | | (ii) to make sales of the
beer manufactured on the premises or, | 8 | | with the approval of the Commission, beer manufactured on | 9 | | another brew pub licensed premises that is substantially owned | 10 | | and operated by the same licensee to importing distributors, | 11 | | distributors,
and to non-licensees for use and consumption, | 12 | | (iii) to store the beer upon
the premises, and (iv) to sell and | 13 | | offer for sale at retail from the licensed
premises, provided | 14 | | that a brew pub licensee shall not sell for off-premises
| 15 | | consumption more than 50,000 gallons per year. A person who | 16 | | holds a brew pub license may simultaneously hold a craft brewer | 17 | | license if he or she otherwise qualifies for the craft brewer | 18 | | license and the craft brewer license is for a location separate | 19 | | from the brew pub's licensed premises. A brew pub license shall | 20 | | permit a person who has received prior approval from the | 21 | | Commission to annually transfer no more than a total of 50,000 | 22 | | gallons of beer manufactured on premises to all other licensed | 23 | | brew pubs that are substantially owned and operated by the same | 24 | | person. | 25 | | (o) A caterer retailer license shall allow the holder
to | 26 | | serve alcoholic liquors as an incidental part of a food service |
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| 1 | | that serves
prepared meals which excludes the serving of snacks | 2 | | as
the primary meal, either on or off-site whether licensed or | 3 | | unlicensed. | 4 | | (p) An auction liquor license shall allow the licensee to | 5 | | sell and offer
for sale at auction wine and spirits for use or | 6 | | consumption, or for resale by
an Illinois liquor licensee in | 7 | | accordance with provisions of this Act. An
auction liquor | 8 | | license will be issued to a person and it will permit the
| 9 | | auction liquor licensee to hold the auction anywhere in the | 10 | | State. An auction
liquor license must be obtained for each | 11 | | auction at least 14 days in advance of
the auction date. | 12 | | (q) A special use permit license shall allow an Illinois | 13 | | licensed
retailer to transfer a portion of its alcoholic liquor | 14 | | inventory from its
retail licensed premises to the premises | 15 | | specified in the license hereby
created, and to sell or offer | 16 | | for sale at retail, only in the premises
specified in the | 17 | | license hereby created, the transferred alcoholic liquor for
| 18 | | use or consumption, but not for resale in any form. A special | 19 | | use permit
license may be granted for the following time | 20 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 21 | | per location in any 12 month period. An
applicant for the | 22 | | special use permit license must also submit with the
| 23 | | application proof satisfactory to the State Commission that the | 24 | | applicant will
provide dram shop liability insurance to the | 25 | | maximum limits and have local
authority approval. | 26 | | (r) A winery shipper's license shall allow a person
with a |
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| 1 | | first-class or second-class wine manufacturer's
license, a | 2 | | first-class or second-class wine-maker's license,
or a limited | 3 | | wine manufacturer's license or who is licensed to
make wine | 4 | | under the laws of another state to ship wine
made by that | 5 | | licensee directly to a resident of this
State who is 21 years | 6 | | of age or older for that resident's
personal use and not for | 7 | | resale. Prior to receiving a
winery shipper's license, an | 8 | | applicant for the license must
provide the Commission with a | 9 | | true copy of its current
license in any state in which it is | 10 | | licensed as a manufacturer
of wine. An applicant for a winery | 11 | | shipper's license must
also complete an application form that | 12 | | provides any other
information the Commission deems necessary. | 13 | | The
application form shall include an acknowledgement | 14 | | consenting
to the jurisdiction of the Commission, the Illinois
| 15 | | Department of Revenue, and the courts of this State concerning
| 16 | | the enforcement of this Act and any related laws, rules, and
| 17 | | regulations, including authorizing the Department of Revenue
| 18 | | and the Commission to conduct audits for the purpose of
| 19 | | ensuring compliance with this amendatory Act. | 20 | | A winery shipper licensee must pay to the Department
of | 21 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 22 | | all wine that is sold by the licensee and shipped to a person
| 23 | | in this State. For the purposes of Section 8-1, a winery
| 24 | | shipper licensee shall be taxed in the same manner as a
| 25 | | manufacturer of wine. A licensee who is not otherwise required | 26 | | to register under the Retailers' Occupation Tax Act must
|
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| 1 | | register under the Use Tax Act to collect and remit use tax to
| 2 | | the Department of Revenue for all gallons of wine that are sold
| 3 | | by the licensee and shipped to persons in this State. If a
| 4 | | licensee fails to remit the tax imposed under this Act in
| 5 | | accordance with the provisions of Article VIII of this Act, the
| 6 | | winery shipper's license shall be revoked in accordance
with | 7 | | the provisions of Article VII of this Act. If a licensee
fails | 8 | | to properly register and remit tax under the Use Tax Act
or the | 9 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 10 | | winery shipper and shipped to persons in this
State, the winery | 11 | | shipper's license shall be revoked in
accordance with the | 12 | | provisions of Article VII of this Act. | 13 | | A winery shipper licensee must collect, maintain, and
| 14 | | submit to the Commission on a semi-annual basis the
total | 15 | | number of cases per resident of wine shipped to residents
of | 16 | | this State.
A winery shipper licensed under this subsection (r)
| 17 | | must comply with the requirements of Section 6-29 of this | 18 | | amendatory Act.
| 19 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455, | 20 | | eff. 8-19-11; 97-813, eff. 7-13-12.)
| 21 | | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
| 22 | | Sec. 6-30.
Notwithstanding any other provision of this Act, | 23 | | the
Illinois Gaming Board shall have exclusive authority to | 24 | | establish the hours
for sale and consumption of alcoholic | 25 | | liquor on board a riverboat during
riverboat gambling |
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| 1 | | excursions conducted in accordance with the Casino Gaming | 2 | | Riverboat
Gambling Act.
| 3 | | (Source: P.A. 87-826.)
| 4 | | Section 45. The Criminal Code of 2012 is amended by | 5 | | changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as | 6 | | follows:
| 7 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 8 | | Sec. 28-1. Gambling.
| 9 | | (a) A person commits gambling when he or she:
| 10 | | (1) knowingly plays a game of chance or skill for money | 11 | | or other thing of
value, unless excepted in subsection (b) | 12 | | of this Section;
| 13 | | (2) knowingly makes a wager upon the result of any | 14 | | game, contest, or any
political nomination, appointment or | 15 | | election;
| 16 | | (3) knowingly operates, keeps, owns, uses, purchases, | 17 | | exhibits, rents, sells,
bargains for the sale or lease of, | 18 | | manufactures or distributes any
gambling device;
| 19 | | (4) contracts to have or give himself or herself or | 20 | | another the option to buy
or sell, or contracts to buy or | 21 | | sell, at a future time, any grain or
other commodity | 22 | | whatsoever, or any stock or security of any company,
where | 23 | | it is at the time of making such contract intended by both | 24 | | parties
thereto that the contract to buy or sell, or the |
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| 1 | | option, whenever
exercised, or the contract resulting | 2 | | therefrom, shall be settled, not by
the receipt or delivery | 3 | | of such property, but by the payment only of
differences in | 4 | | prices thereof; however, the issuance, purchase, sale,
| 5 | | exercise, endorsement or guarantee, by or through a person | 6 | | registered
with the Secretary of State pursuant to Section | 7 | | 8 of the Illinois
Securities Law of 1953, or by or through | 8 | | a person exempt from such
registration under said Section | 9 | | 8, of a put, call, or other option to
buy or sell | 10 | | securities which have been registered with the Secretary of
| 11 | | State or which are exempt from such registration under | 12 | | Section 3 of the
Illinois Securities Law of 1953 is not | 13 | | gambling within the meaning of
this paragraph (4);
| 14 | | (5) knowingly owns or possesses any book, instrument or | 15 | | apparatus by
means of which bets or wagers have been, or | 16 | | are, recorded or registered,
or knowingly possesses any | 17 | | money which he has received in the course of
a bet or | 18 | | wager;
| 19 | | (6) knowingly sells pools upon the result of any game | 20 | | or contest of skill or
chance, political nomination, | 21 | | appointment or election;
| 22 | | (7) knowingly sets up or promotes any lottery or sells, | 23 | | offers to sell or
transfers any ticket or share for any | 24 | | lottery;
| 25 | | (8) knowingly sets up or promotes any policy game or | 26 | | sells, offers to sell or
knowingly possesses or transfers |
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| 1 | | any policy ticket, slip, record,
document or other similar | 2 | | device;
| 3 | | (9) knowingly drafts, prints or publishes any lottery | 4 | | ticket or share,
or any policy ticket, slip, record, | 5 | | document or similar device, except for
such activity | 6 | | related to lotteries, bingo games and raffles authorized by
| 7 | | and conducted in accordance with the laws of Illinois or | 8 | | any other state or
foreign government;
| 9 | | (10) knowingly advertises any lottery or policy game, | 10 | | except for such
activity related to lotteries, bingo games | 11 | | and raffles authorized by and
conducted in accordance with | 12 | | the laws of Illinois or any other state;
| 13 | | (11) knowingly transmits information as to wagers, | 14 | | betting odds, or
changes in betting odds by telephone, | 15 | | telegraph, radio, semaphore or
similar means; or knowingly | 16 | | installs or maintains equipment for the
transmission or | 17 | | receipt of such information; except that nothing in this
| 18 | | subdivision (11) prohibits transmission or receipt of such | 19 | | information
for use in news reporting of sporting events or | 20 | | contests; or
| 21 | | (12) knowingly establishes, maintains, or operates an | 22 | | Internet site that
permits a person to play a game of
| 23 | | chance or skill for money or other thing of value by means | 24 | | of the Internet or
to make a wager upon the
result of any | 25 | | game, contest, political nomination, appointment, or
| 26 | | election by means of the Internet. This item (12) does not |
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| 1 | | apply to activities referenced in items (6) and (6.1) of | 2 | | subsection (b) of this Section.
| 3 | | (b) Participants in any of the following activities shall | 4 | | not be
convicted of gambling:
| 5 | | (1) Agreements to compensate for loss caused by the | 6 | | happening of
chance including without limitation contracts | 7 | | of indemnity or guaranty
and life or health or accident | 8 | | insurance.
| 9 | | (2) Offers of prizes, award or compensation to the | 10 | | actual
contestants in any bona fide contest for the | 11 | | determination of skill,
speed, strength or endurance or to | 12 | | the owners of animals or vehicles
entered in such contest.
| 13 | | (3) Pari-mutuel betting as authorized by the law of | 14 | | this State.
| 15 | | (4) Manufacture of gambling devices, including the | 16 | | acquisition of
essential parts therefor and the assembly | 17 | | thereof, for transportation in
interstate or foreign | 18 | | commerce to any place outside this State when such
| 19 | | transportation is not prohibited by any applicable Federal | 20 | | law; or the
manufacture, distribution, or possession of | 21 | | video gaming terminals, as
defined in the Video Gaming Act, | 22 | | by manufacturers, distributors, and
terminal operators | 23 | | licensed to do so under the Video Gaming Act.
| 24 | | (5) The game commonly known as "bingo", when conducted | 25 | | in accordance
with the Bingo License and Tax Act.
| 26 | | (6) Lotteries when conducted by the State of Illinois |
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| 1 | | in accordance
with the Illinois Lottery Law. This exemption | 2 | | includes any activity conducted by the Department of | 3 | | Revenue to sell lottery tickets pursuant to the provisions | 4 | | of the Illinois Lottery Law and its rules.
| 5 | | (6.1) The purchase of lottery tickets through the | 6 | | Internet for a lottery conducted by the State of Illinois | 7 | | under the program established in Section 7.12 of the | 8 | | Illinois Lottery Law.
| 9 | | (7) Possession of an antique slot machine that is | 10 | | neither used nor
intended to be used in the operation or | 11 | | promotion of any unlawful
gambling activity or enterprise. | 12 | | For the purpose of this subparagraph
(b)(7), an antique | 13 | | slot machine is one manufactured 25 years ago or earlier.
| 14 | | (8) Raffles when conducted in accordance with the | 15 | | Raffles Act.
| 16 | | (9) Charitable games when conducted in accordance with | 17 | | the Charitable
Games Act.
| 18 | | (10) Pull tabs and jar games when conducted under the | 19 | | Illinois Pull
Tabs and Jar Games Act.
| 20 | | (11) Gambling games conducted on riverboats when
| 21 | | authorized by the Casino Gaming Riverboat Gambling Act.
| 22 | | (12) Video gaming terminal games at a licensed | 23 | | establishment, licensed truck stop establishment,
licensed
| 24 | | fraternal establishment, or licensed veterans | 25 | | establishment when
conducted in accordance with the Video | 26 | | Gaming Act. |
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| 1 | | (13) Games of skill or chance where money or other | 2 | | things of value can be won but no payment or purchase is | 3 | | required to participate. | 4 | | (c) Sentence.
| 5 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 6 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 7 | | 4 felony.
| 8 | | (d) Circumstantial evidence.
| 9 | | In prosecutions under
this
Section circumstantial evidence | 10 | | shall have the same validity and weight as
in any criminal | 11 | | prosecution.
| 12 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 13 | | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| 14 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| 15 | | Sec. 28-1.1. Syndicated gambling.
| 16 | | (a) Declaration of Purpose. Recognizing the close | 17 | | relationship between
professional gambling and other organized | 18 | | crime, it is declared to be the
policy of the legislature to | 19 | | restrain persons from engaging in the business
of gambling for | 20 | | profit in this State. This Section shall be liberally
construed | 21 | | and administered with a view to carrying out this policy.
| 22 | | (b) A person commits syndicated gambling when he or she | 23 | | operates a "policy
game" or engages in the business of | 24 | | bookmaking.
| 25 | | (c) A person "operates a policy game" when he or she |
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| 1 | | knowingly uses any
premises or property for the purpose of | 2 | | receiving or knowingly does
receive from what is commonly | 3 | | called "policy":
| 4 | | (1) money from a person other than the bettor or player | 5 | | whose
bets or plays are represented by the money; or
| 6 | | (2) written "policy game" records, made or used over | 7 | | any
period of time, from a person other than the bettor or | 8 | | player whose bets
or plays are represented by the written | 9 | | record.
| 10 | | (d) A person engages in bookmaking when he or she knowingly | 11 | | receives or accepts more
than five bets or wagers upon the | 12 | | result of any trials or contests of
skill, speed or power of | 13 | | endurance or upon any lot, chance, casualty,
unknown or | 14 | | contingent event whatsoever, which bets or wagers shall be of
| 15 | | such size that the total of the amounts of money paid or | 16 | | promised to be
paid to the bookmaker on account thereof shall | 17 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets | 18 | | or wagers
regardless of the form or manner in which the | 19 | | bookmaker records them.
| 20 | | (e) Participants in any of the following activities shall | 21 | | not be
convicted of syndicated gambling:
| 22 | | (1) Agreements to compensate for loss caused by the | 23 | | happening
of chance including without limitation contracts | 24 | | of indemnity or
guaranty and life or health or accident | 25 | | insurance;
| 26 | | (2) Offers of prizes, award or compensation to the |
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| 1 | | actual
contestants in any bona fide contest for the | 2 | | determination of skill,
speed, strength or endurance or to | 3 | | the owners of animals or vehicles
entered in the contest;
| 4 | | (3) Pari-mutuel betting as authorized by law of this | 5 | | State;
| 6 | | (4) Manufacture of gambling devices, including the | 7 | | acquisition
of essential parts therefor and the assembly | 8 | | thereof, for transportation
in interstate or foreign | 9 | | commerce to any place outside this State when
the | 10 | | transportation is not prohibited by any applicable Federal | 11 | | law;
| 12 | | (5) Raffles when conducted in accordance with the | 13 | | Raffles Act;
| 14 | | (6) Gambling games conducted on riverboats when
| 15 | | authorized by the Casino Gaming Riverboat Gambling Act; and
| 16 | | (7) Video gaming terminal games at a licensed | 17 | | establishment, licensed truck stop establishment,
licensed
| 18 | | fraternal establishment, or licensed veterans | 19 | | establishment
when conducted in accordance with the Video | 20 | | Gaming Act.
| 21 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
| 22 | | (Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
| 23 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| 24 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 25 | | any real
estate, vehicle, boat or any other property whatsoever |
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| 1 | | used for the
purposes of gambling other than gambling conducted | 2 | | in the manner authorized
by the Casino Gaming Riverboat | 3 | | Gambling Act or the Video Gaming Act. Any person who
knowingly | 4 | | permits any premises
or property owned or occupied by him or | 5 | | under his control to be used as a
gambling place commits a | 6 | | Class A misdemeanor. Each subsequent offense is a
Class 4 | 7 | | felony. When any premises is determined by the circuit court to | 8 | | be
a gambling place:
| 9 | | (a) Such premises is a public nuisance and may be proceeded | 10 | | against as such,
and
| 11 | | (b) All licenses, permits or certificates issued by the | 12 | | State of
Illinois or any subdivision or public agency thereof | 13 | | authorizing the
serving of food or liquor on such premises | 14 | | shall be void; and no license,
permit or certificate so | 15 | | cancelled shall be reissued for such premises for
a period of | 16 | | 60 days thereafter; nor shall any person convicted of keeping a
| 17 | | gambling place be reissued such license
for one year from his | 18 | | conviction and, after a second conviction of keeping
a gambling | 19 | | place, any such person shall not be reissued such license, and
| 20 | | (c) Such premises of any person who knowingly permits | 21 | | thereon a
violation of any Section of this Article shall be | 22 | | held liable for, and may
be sold to pay any unsatisfied | 23 | | judgment that may be recovered and any
unsatisfied fine that | 24 | | may be levied under any Section of this Article.
| 25 | | (Source: P.A. 96-34, eff. 7-13-09.)
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| 1 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| 2 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
| 3 | | (a) Every device designed for gambling which is incapable | 4 | | of lawful use
or every device used unlawfully for gambling | 5 | | shall be considered a
"gambling device", and shall be subject | 6 | | to seizure, confiscation and
destruction by the Department of | 7 | | State Police or by any municipal, or other
local authority, | 8 | | within whose jurisdiction the same may be found. As used
in | 9 | | this Section, a "gambling device" includes any slot machine, | 10 | | and
includes any machine or device constructed for the | 11 | | reception of money or
other thing of value and so constructed | 12 | | as to return, or to cause someone
to return, on chance to the | 13 | | player thereof money, property or a right to
receive money or | 14 | | property. With the exception of any device designed for
| 15 | | gambling which is incapable of lawful use, no gambling device | 16 | | shall be
forfeited or destroyed unless an individual with a | 17 | | property interest in
said device knows of the unlawful use of | 18 | | the device.
| 19 | | (b) Every gambling device shall be seized and forfeited to | 20 | | the county
wherein such seizure occurs. Any money or other | 21 | | thing of value integrally
related to acts of gambling shall be | 22 | | seized and forfeited to the county
wherein such seizure occurs.
| 23 | | (c) If, within 60 days after any seizure pursuant to | 24 | | subparagraph
(b) of this Section, a person having any property | 25 | | interest in the seized
property is charged with an offense, the | 26 | | court which renders judgment
upon such charge shall, within 30 |
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| 1 | | days after such judgment, conduct a
forfeiture hearing to | 2 | | determine whether such property was a gambling device
at the | 3 | | time of seizure. Such hearing shall be commenced by a written
| 4 | | petition by the State, including material allegations of fact, | 5 | | the name
and address of every person determined by the State to | 6 | | have any property
interest in the seized property, a | 7 | | representation that written notice of
the date, time and place | 8 | | of such hearing has been mailed to every such
person by | 9 | | certified mail at least 10 days before such date, and a
request | 10 | | for forfeiture. Every such person may appear as a party and
| 11 | | present evidence at such hearing. The quantum of proof required | 12 | | shall
be a preponderance of the evidence, and the burden of | 13 | | proof shall be on
the State. If the court determines that the | 14 | | seized property was
a gambling device at the time of seizure, | 15 | | an order of forfeiture and
disposition of the seized property | 16 | | shall be entered: a gambling device
shall be received by the | 17 | | State's Attorney, who shall effect its
destruction, except that | 18 | | valuable parts thereof may be liquidated and
the resultant | 19 | | money shall be deposited in the general fund of the county
| 20 | | wherein such seizure occurred; money and other things of value | 21 | | shall be
received by the State's Attorney and, upon | 22 | | liquidation, shall be
deposited in the general fund of the | 23 | | county wherein such seizure
occurred. However, in the event | 24 | | that a defendant raises the defense
that the seized slot | 25 | | machine is an antique slot machine described in
subparagraph | 26 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
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| 1 | | from the charge of a gambling activity participant, the seized
| 2 | | antique slot machine shall not be destroyed or otherwise | 3 | | altered until a
final determination is made by the Court as to | 4 | | whether it is such an
antique slot machine. Upon a final | 5 | | determination by the Court of this
question in favor of the | 6 | | defendant, such slot machine shall be
immediately returned to | 7 | | the defendant. Such order of forfeiture and
disposition shall, | 8 | | for the purposes of appeal, be a final order and
judgment in a | 9 | | civil proceeding.
| 10 | | (d) If a seizure pursuant to subparagraph (b) of this | 11 | | Section is not
followed by a charge pursuant to subparagraph | 12 | | (c) of this Section, or if
the prosecution of such charge is | 13 | | permanently terminated or indefinitely
discontinued without | 14 | | any judgment of conviction or acquittal (1) the
State's | 15 | | Attorney shall commence an in rem proceeding for the forfeiture
| 16 | | and destruction of a gambling device, or for the forfeiture and | 17 | | deposit
in the general fund of the county of any seized money | 18 | | or other things of
value, or both, in the circuit court and (2) | 19 | | any person having any
property interest in such seized gambling | 20 | | device, money or other thing
of value may commence separate | 21 | | civil proceedings in the manner provided
by law.
| 22 | | (e) Any gambling device displayed for sale to a riverboat | 23 | | gambling
operation or used to train occupational licensees of a | 24 | | riverboat gambling
operation as authorized under the Casino | 25 | | Gaming Riverboat Gambling Act is exempt from
seizure under this | 26 | | Section.
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| 1 | | (f) Any gambling equipment, devices and supplies provided | 2 | | by a licensed
supplier in accordance with the Casino Gaming | 3 | | Riverboat Gambling Act which are removed
from the riverboat for | 4 | | repair are exempt from seizure under this Section.
| 5 | | (Source: P.A. 87-826.)
| 6 | | (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
| 7 | | Sec. 28-7. Gambling contracts void.
| 8 | | (a) All promises, notes, bills, bonds, covenants, | 9 | | contracts, agreements,
judgments, mortgages, or other | 10 | | securities or conveyances made, given,
granted, drawn, or | 11 | | entered into, or executed by any person whatsoever,
where the | 12 | | whole or any part of the consideration thereof is for any
money | 13 | | or thing of value, won or obtained in violation of any Section | 14 | | of
this Article are null and void.
| 15 | | (b) Any obligation void under this Section may be set aside | 16 | | and vacated
by any court of competent jurisdiction, upon a | 17 | | complaint filed for that
purpose, by the person so granting, | 18 | | giving, entering into, or executing the
same, or by his | 19 | | executors or administrators, or by any creditor, heir,
legatee, | 20 | | purchaser or other person interested therein; or if a judgment,
| 21 | | the same may be set aside on motion of any person stated above, | 22 | | on due
notice thereof given.
| 23 | | (c) No assignment of any obligation void under this Section | 24 | | may in any
manner affect the defense of the person giving, | 25 | | granting, drawing, entering
into or executing such obligation, |
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| 1 | | or the remedies of any person interested
therein.
| 2 | | (d) This Section shall not prevent a licensed owner of a | 3 | | riverboat
gambling operation from instituting a cause of action | 4 | | to collect any amount
due and owing under an extension of | 5 | | credit to a riverboat gambling patron
as authorized under the | 6 | | Casino Gaming Riverboat Gambling Act.
| 7 | | (Source: P.A. 87-826.)
| 8 | | Section 50. The Payday Loan Reform Act is amended by | 9 | | changing Section 3-5 as follows: | 10 | | (815 ILCS 122/3-5)
| 11 | | Sec. 3-5. Licensure. | 12 | | (a) A license to make a payday loan shall state the | 13 | | address,
including city and state, at which
the business is to | 14 | | be conducted and shall state fully the name of the licensee.
| 15 | | The license shall be conspicuously posted in the place of | 16 | | business of the
licensee and shall not be transferable or | 17 | | assignable.
| 18 | | (b) An application for a license shall be in writing and in | 19 | | a form
prescribed by the Secretary. The Secretary may not issue | 20 | | a payday loan
license unless and until the following findings | 21 | | are made:
| 22 | | (1) that the financial responsibility, experience, | 23 | | character, and general
fitness of the applicant are such as | 24 | | to command the confidence of the public
and to warrant the |
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| 1 | | belief that the business will be operated lawfully and
| 2 | | fairly and within the provisions and purposes of this Act; | 3 | | and
| 4 | | (2) that the applicant has submitted such other | 5 | | information as the
Secretary may deem necessary.
| 6 | | (c) A license shall be issued for no longer than one year, | 7 | | and no renewal
of a license may be provided if a licensee has | 8 | | substantially violated this
Act and has not cured the violation | 9 | | to the satisfaction of the Department.
| 10 | | (d) A licensee shall appoint, in writing, the Secretary as | 11 | | attorney-in-fact
upon whom all lawful process against the | 12 | | licensee may be served with the
same legal force and validity | 13 | | as if served on the licensee. A copy of the
written | 14 | | appointment, duly certified, shall be filed in the office of | 15 | | the
Secretary, and a copy thereof certified by the Secretary | 16 | | shall be sufficient
evidence to subject a licensee to | 17 | | jurisdiction in a court of law. This appointment shall remain | 18 | | in effect while any liability remains
outstanding in this State | 19 | | against the licensee. When summons is served upon
the Secretary | 20 | | as attorney-in-fact for a licensee, the Secretary shall | 21 | | immediately
notify the licensee by registered mail, enclosing | 22 | | the summons and specifying
the hour and day of service.
| 23 | | (e) A licensee must pay an annual fee of $1,000. In | 24 | | addition to the
license fee, the reasonable expense of any | 25 | | examination or hearing
by the Secretary under any provisions of | 26 | | this Act shall be borne by
the licensee. If a licensee fails to |
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| 1 | | renew its license by December 31,
its license
shall | 2 | | automatically expire; however, the Secretary, in his or her | 3 | | discretion,
may reinstate an expired license upon:
| 4 | | (1) payment of the annual fee within 30 days of the | 5 | | date of
expiration; and
| 6 | | (2) proof of good cause for failure to renew.
| 7 | | (f) Not more than one place of business shall be maintained | 8 | | under the
same license, but the Secretary may issue more than | 9 | | one license to the same
licensee upon compliance with all the | 10 | | provisions of this Act governing
issuance of a single license. | 11 | | The location, except those locations already in
existence as of | 12 | | June 1, 2005, may not be within one mile of a
horse race track | 13 | | subject to the Illinois Horse Racing Act of 1975,
within one | 14 | | mile of a facility at which gambling is conducted under the | 15 | | Casino Gaming
Riverboat Gambling Act, within one mile of the | 16 | | location at which a
riverboat subject to the Casino Gaming | 17 | | Riverboat Gambling Act docks, or within one mile of
any State | 18 | | of Illinois or United States military base or naval | 19 | | installation.
| 20 | | (g) No licensee shall conduct the business of making loans | 21 | | under this
Act within any office, suite, room, or place of | 22 | | business in which (1) any loans are offered or made under the | 23 | | Consumer Installment Loan Act other than title secured loans as | 24 | | defined in subsection (a) of Section 15 of the Consumer | 25 | | Installment Loan Act and governed by Title 38, Section 110.330 | 26 | | of the Illinois Administrative Code or (2) any other
business |
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| 1 | | is solicited or engaged in unless the other business is | 2 | | licensed by the Department or, in the opinion of the Secretary, | 3 | | the
other business would not be contrary to the best interests | 4 | | of consumers and
is authorized by the Secretary in writing.
| 5 | | (g-5) Notwithstanding subsection (g) of this Section, a | 6 | | licensee may obtain a license under the Consumer Installment | 7 | | Loan Act (CILA) for the exclusive purpose and use of making | 8 | | title secured loans, as defined in subsection (a) of Section 15 | 9 | | of CILA and governed by Title 38, Section 110.300 of the | 10 | | Illinois Administrative Code. A licensee may continue to | 11 | | service Consumer Installment Loan Act loans that were | 12 | | outstanding as of the effective date of this amendatory Act of | 13 | | the 96th General Assembly. | 14 | | (h) The Secretary shall maintain a list of licensees that | 15 | | shall be
available to interested consumers and lenders and the | 16 | | public. The Secretary
shall maintain a toll-free number whereby | 17 | | consumers may obtain
information about licensees. The | 18 | | Secretary shall also establish a complaint
process under which | 19 | | an aggrieved consumer
may file a complaint against a licensee | 20 | | or non-licensee who violates any
provision of this Act.
| 21 | | (Source: P.A. 96-936, eff. 3-21-11 .) | 22 | | Section 55. The Travel Promotion Consumer Protection Act is | 23 | | amended by changing Section 2 as follows:
| 24 | | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
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| 1 | | Sec. 2. Definitions.
| 2 | | (a) "Travel promoter" means a person, including a tour | 3 | | operator, who sells,
provides, furnishes, contracts for, | 4 | | arranges or advertises that he or she will
arrange wholesale or | 5 | | retail transportation by air, land, sea or navigable
stream, | 6 | | either separately or in conjunction with other services. | 7 | | "Travel
promoter" does not include (1) an air carrier; (2) a | 8 | | sea carrier; (3) an
officially appointed agent of an air | 9 | | carrier who is a member in good standing
of the Airline | 10 | | Reporting Corporation; (4) a travel promoter who has in
force | 11 | | $1,000,000 or more of liability insurance coverage for | 12 | | professional
errors and omissions and a surety bond or | 13 | | equivalent surety in the amount of
$100,000 or more for the | 14 | | benefit of consumers in the event of a bankruptcy on
the part | 15 | | of the travel promoter; or (5) a riverboat subject to | 16 | | regulation under
the Casino Gaming Riverboat Gambling Act.
| 17 | | (b) "Advertise" means to make any representation in the | 18 | | solicitation of
passengers and includes communication with | 19 | | other members of the same
partnership, corporation, joint | 20 | | venture, association, organization, group or
other entity.
| 21 | | (c) "Passenger" means a person on whose behalf money or | 22 | | other
consideration has been given or is to be given to | 23 | | another, including
another member of the same partnership, | 24 | | corporation, joint venture,
association, organization, group | 25 | | or other entity, for travel.
| 26 | | (d) "Ticket or voucher" means a writing or combination of |
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| 1 | | writings which
is itself good and sufficient to obtain
| 2 | | transportation and other services for which the passenger has | 3 | | contracted.
| 4 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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