Full Text of HB5017 98th General Assembly
HB5017ham001 98TH GENERAL ASSEMBLY | Rep. Ed Sullivan, Jr. Filed: 2/11/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5017
| 2 | | AMENDMENT NO. ______. Amend House Bill 5017 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Charitable Games Act is amended by changing | 5 | | Sections 4, 5.1, and 8 as follows:
| 6 | | (230 ILCS 30/4) (from Ch. 120, par. 1124)
| 7 | | Sec. 4. Licensing Restrictions. Licensing for the | 8 | | conducting of
charitable games is subject to the following | 9 | | restrictions:
| 10 | | (1) The license application, when submitted to the | 11 | | Department of Revenue,
must contain a sworn statement | 12 | | attesting to the not-for-profit character
of the | 13 | | prospective licensee organization, signed by a person | 14 | | listed on the application as an owner, officer, or other | 15 | | person in charge of the necessary day-to-day operations. | 16 | | The application shall contain the
name of the person in |
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| 1 | | charge of and primarily responsible for the
conduct of the | 2 | | charitable games. The person so designated shall be
present | 3 | | on the premises continuously during charitable games.
| 4 | | (2) The license application shall be prepared by the | 5 | | prospective
licensee organization or its duly authorized | 6 | | representative in accordance
with the
rules of the | 7 | | Department of Revenue.
| 8 | | (2.1) The organization shall maintain among its books | 9 | | and records a list of the names,
addresses, social security | 10 | | numbers, and dates of birth of all persons who will
| 11 | | participate in the management or operation of the games, | 12 | | along with a sworn
statement made under penalties of | 13 | | perjury, signed by a person listed on the application as an | 14 | | owner, officer, or other person in charge of the necessary | 15 | | day-to-day operations, that the persons listed as | 16 | | participating in the
management or operation of the games | 17 | | are bona fide members, volunteers as
defined in Section 2, | 18 | | or employees of the applicant, that these persons have
not
| 19 | | participated in the management or operation of more than 12 | 20 | | charitable games
events conducted by any licensee in the | 21 | | calendar year, and that these persons
will receive no | 22 | | remuneration or compensation, directly or indirectly from | 23 | | any
source, for participating in the management or | 24 | | operation of the games. Any
amendments to this listing must | 25 | | contain an identical sworn statement.
| 26 | | (2.2) (Blank).
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| 1 | | (3) Each license shall state the date, hours and
at | 2 | | what
locations the licensee is permitted to conduct | 3 | | charitable games.
| 4 | | (4) Each licensee shall file a copy of the license with | 5 | | each
police
department or, if in unincorporated areas, each | 6 | | sheriff's office whose
jurisdiction includes the premises | 7 | | on which the charitable games are
authorized under the | 8 | | license.
| 9 | | (5) The licensee shall prominently display the license | 10 | | in the
area where the licensee is to conduct charitable | 11 | | games. The licensee shall likewise display, in the form and | 12 | | manner prescribed by the Department, the provisions of | 13 | | Section 9 of this Act.
| 14 | | (6) (Blank).
| 15 | | (7) (Blank).
| 16 | | (8) A license is not assignable or transferable.
| 17 | | (9) Unless the premises for conducting charitable | 18 | | games are provided by
a
municipality, the Department shall | 19 | | not issue a license
permitting a
person, firm
or | 20 | | corporation to sponsor a charitable games night if the | 21 | | premises for the
conduct of the charitable games has been | 22 | | previously used for 12
charitable
games nights during the | 23 | | previous 12 months.
| 24 | | (10) Auxiliary organizations of a licensee shall not be
| 25 | | eligible for a
license to conduct charitable games, except | 26 | | for auxiliary organizations
of veterans organizations as |
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| 1 | | authorized in Section 2.
| 2 | | (11) Charitable games must be conducted in accordance | 3 | | with
local
building and fire code requirements.
| 4 | | (12) The licensee shall consent to allowing the | 5 | | Department's
employees
to be present on the premises | 6 | | wherein the charitable games are conducted
and to inspect | 7 | | or test equipment, devices and supplies used in the conduct
| 8 | | of the game.
| 9 | | Nothing in this Section shall be construed to prohibit a | 10 | | licensee that
conducts charitable games on its own premises | 11 | | from also obtaining a
providers' license in accordance with | 12 | | Section 5.1.
The maximum number of charitable games events that | 13 | | may be held in any one
premises is limited to no more than 12 | 14 | | charitable games events per calendar year one charitable games | 15 | | event per month .
| 16 | | (Source: P.A. 98-377, eff. 1-1-14.)
| 17 | | (230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
| 18 | | Sec. 5.1. If a licensee conducts charitable games on its | 19 | | own premises,
the licensee may also obtain a providers' license | 20 | | in accordance with
Section 5 to allow the licensee to rent or | 21 | | otherwise provide its
premises to another licensee for the | 22 | | conducting of an additional 4
charitable games events. The | 23 | | maximum number of charitable games events that
may be held at | 24 | | any one premises is limited to 12 8 charitable games events per
| 25 | | calendar year.
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| 1 | | (Source: P.A. 94-986, eff. 6-30-06.)
| 2 | | (230 ILCS 30/8) (from Ch. 120, par. 1128)
| 3 | | Sec. 8. The conducting of charitable games is subject to | 4 | | the following
restrictions:
| 5 | | (1) The entire net proceeds from charitable games must | 6 | | be exclusively
devoted to the lawful purposes of the | 7 | | organization permitted to conduct
that game.
| 8 | | (2) No person except a bona fide member or employee of | 9 | | the
sponsoring organization, or a volunteer recruited by | 10 | | the sponsoring
organization, may participate in the | 11 | | management or operation of the
game.
A person participates | 12 | | in the management or operation of a charitable game
when he | 13 | | or she sells admission tickets at the event; sells, | 14 | | redeems, or in any
way assists in the selling or redeeming | 15 | | of chips, scrip, or play money;
participates in the
| 16 | | conducting of any of the games played during the event, or | 17 | | supervises, directs
or instructs anyone conducting a game; | 18 | | or at any time during the hours of the
charitable games | 19 | | event counts, handles, or supervises anyone counting or
| 20 | | handling any of the proceeds or chips, scrip, or play money | 21 | | at the event. A
person who is present to
ensure that the | 22 | | games are being conducted in conformance with the rules
| 23 | | established by the licensed organization or is present to | 24 | | insure that the
equipment is working
properly is considered | 25 | | to be participating in the management or operation of a
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| 1 | | game. Setting up, cleaning up, selling food and drink, or | 2 | | providing security
for persons or property at the event | 3 | | does not constitute participation in the
management or | 4 | | operation of the game.
| 5 | | Only bona fide members, volunteers as defined in | 6 | | Section 2 of this Act, and
employees of the sponsoring | 7 | | organization may participate in the management or
| 8 | | operation of the games. Participation in the management or
| 9 | | operation
of the games is limited to no more than 12 | 10 | | charitable games events, either of the sponsoring | 11 | | organization or any other licensed organization, during a | 12 | | calendar year.
| 13 | | (3) No person may receive any remuneration or | 14 | | compensation either
directly or
indirectly from any source | 15 | | for
participating in the management or operation of the | 16 | | game.
| 17 | | (4) No single bet at any house-banked game may exceed | 18 | | $20.
| 19 | | (5) A bank shall be established on the premises to | 20 | | convert currency into
chips, scrip, or other form of play | 21 | | money which shall then be used to play
at
games of chance | 22 | | which the participant chooses. Chips, scrip, or play money
| 23 | | must be permanently monogrammed with the supplier license | 24 | | number or logo or charitable games license number of a | 25 | | licensed organization or of the
supplier. Each participant | 26 | | must be issued a receipt indicating the amount
of chips, |
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| 1 | | scrip, or play money purchased.
| 2 | | (6) At the conclusion of the event or when the | 3 | | participant leaves, he or she
may cash in his or her chips, | 4 | | scrip, or play money in exchange for currency not to
exceed | 5 | | $500 in cash winnings or unlimited noncash prizes. Each | 6 | | participant shall sign for any receipt
of prizes. The | 7 | | licensee shall provide the Department of Revenue with a
| 8 | | listing of all prizes awarded, including the retail value | 9 | | of all prizes awarded.
| 10 | | (7) Each licensee shall be permitted to conduct | 11 | | charitable games on
not more than 4 days each year. Nothing | 12 | | in this Section shall be construed to prohibit a licensee | 13 | | that conducts charitable games on its own premises from | 14 | | also obtaining a providers' license in accordance with | 15 | | Section 7 of this Act.
| 16 | | (8) Unless the provider of the premises is a | 17 | | municipality, the
provider of the premises may not rent or | 18 | | otherwise provide the
premises for the conducting of more | 19 | | than 12 charitable games nights per calendar year one | 20 | | charitable games night per month .
| 21 | | (9) A charitable games event is considered to be a | 22 | | one-day event and charitable games may not be played | 23 | | between the hours of 2:00 a.m.
and noon.
| 24 | | (10) No person under the age of 18 years may play or | 25 | | participate in the
conducting of charitable games. Any | 26 | | person under the age of 18 years
may be within the area |
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| 1 | | where charitable games are being played only
when | 2 | | accompanied by his parent or guardian.
| 3 | | (11) No one other than the sponsoring organization
of | 4 | | charitable games must have a proprietary
interest in the | 5 | | game promoted.
| 6 | | (12) Raffles or other forms of gambling prohibited by | 7 | | law shall not be
conducted on the premises where charitable | 8 | | games are being conducted.
| 9 | | (13) Such games are not expressly prohibited by county
| 10 | | ordinance for
charitable games conducted in the | 11 | | unincorporated areas of the county or
municipal ordinance | 12 | | for charitable games conducted in the municipality and
the | 13 | | ordinance is filed with the Department of Revenue. The | 14 | | Department
shall provide each county or municipality with a | 15 | | list of organizations
licensed or subsequently authorized | 16 | | by the Department to conduct
charitable games in their | 17 | | jurisdiction.
| 18 | | (14) The sale of tangible personal property at | 19 | | charitable games is
subject to all State and local taxes | 20 | | and obligations.
| 21 | | (15) Each licensee may offer or conduct only the games
| 22 | | listed
below,
which must be conducted in accordance with
| 23 | | rules posted by the organization. The organization | 24 | | sponsoring charitable
games shall promulgate rules, and | 25 | | make printed copies available to
participants, for the | 26 | | following games: (a) roulette; (b) blackjack; (c)
poker; |
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| 1 | | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | 2 | | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | 3 | | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | 4 | | merchandise wheel. A licensee need not offer or
conduct | 5 | | every game permitted by law.
The conducting of games not | 6 | | listed above is prohibited by this Act.
| 7 | | (16) No slot machines or coin-in-the-slot-operated | 8 | | devices
that allow a participant to play games of chance | 9 | | shall be permitted to be used at the location and during | 10 | | the time at which the charitable games are being conducted. | 11 | | However, establishments that have video gaming terminals | 12 | | licensed under the Video Gaming Act may operate them along | 13 | | with charitable games under rules adopted by the | 14 | | Department.
| 15 | | (17) No cards, dice, wheels, or other equipment may be | 16 | | modified or
altered
so as to give the licensee a greater | 17 | | advantage in winning, other than as
provided under the | 18 | | normal rules of play of a particular game.
| 19 | | (18) No credit shall be extended to any of the | 20 | | participants.
| 21 | | (19) (Blank).
| 22 | | (20) A supplier may have only one representative | 23 | | present at the charitable
games event, for the exclusive | 24 | | purpose of ensuring that its equipment is not
damaged.
| 25 | | (21) No employee, owner, or officer of a consultant | 26 | | service hired by a
licensed organization to perform |
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| 1 | | services at the event including, but not
limited to, | 2 | | security for
persons or property at the event or services | 3 | | before the event including, but
not limited to, training | 4 | | for volunteers
or advertising may participate in the | 5 | | management or operation of the games.
| 6 | | (22) (Blank).
| 7 | | (Source: P.A. 98-377, eff. 1-1-14.)".
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