Full Text of HB5017 98th General Assembly
HB5017sam001 98TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 5/29/2014
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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.)
| 8 | | Section 10. The Video Gaming
Act is amended by changing | 9 | | Sections 25, 55, and 58 and by adding Section 59 as follows:
| 10 | | (230 ILCS 40/25)
| 11 | | Sec. 25. Restriction of licensees.
| 12 | | (a) Manufacturer. A person may not be licensed as a | 13 | | manufacturer of a
video gaming terminal in Illinois unless the | 14 | | person has a valid
manufacturer's license issued
under this | 15 | | Act. A manufacturer may only sell video gaming terminals for | 16 | | use
in Illinois to
persons having a valid distributor's | 17 | | license.
| 18 | | (b) Distributor. A person may not sell, distribute, or | 19 | | lease
or market a video gaming terminal in Illinois unless the | 20 | | person has a valid
distributor's
license issued under this Act. | 21 | | A distributor may only sell video gaming
terminals for use in
| 22 | | Illinois to persons having a valid distributor's or terminal | 23 | | operator's
license.
| 24 | | (c) Terminal operator. A person may not own, maintain, or |
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| 1 | | place a video gaming terminal unless he has a valid terminal | 2 | | operator's
license issued
under this Act. A terminal operator | 3 | | may only place video gaming terminals for
use in
Illinois in | 4 | | licensed establishments, licensed truck stop establishments, | 5 | | licensed fraternal establishments,
and
licensed veterans | 6 | | establishments.
No terminal operator may give anything of | 7 | | value, including but not limited to
a loan or financing | 8 | | arrangement, to a licensed establishment, licensed truck stop | 9 | | establishment,
licensed fraternal establishment, or licensed | 10 | | veterans establishment as
any incentive or inducement to locate | 11 | | video terminals in that establishment.
Of the after-tax profits
| 12 | | from a video gaming terminal, 50% shall be paid to the terminal
| 13 | | operator and 50% shall be paid to the licensed establishment, | 14 | | licensed truck stop establishment,
licensed fraternal | 15 | | establishment, or
licensed veterans establishment, | 16 | | notwithstanding any agreement to the contrary.
A video terminal | 17 | | operator that violates one or more requirements of this | 18 | | subsection is guilty of a Class 4 felony and is subject to | 19 | | termination of his or her license by the Board.
| 20 | | (d) Licensed technician. A person may not service, | 21 | | maintain, or repair a
video gaming terminal
in this State | 22 | | unless he or she (1) has a valid technician's license issued
| 23 | | under this Act, (2) is a terminal operator, or (3) is employed | 24 | | by a terminal
operator, distributor, or manufacturer.
| 25 | | (d-5) Licensed terminal handler. No person, including, but | 26 | | not limited to, an employee or independent contractor working |
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| 1 | | for a manufacturer, distributor, supplier, technician, or | 2 | | terminal operator licensed pursuant to this Act, shall have | 3 | | possession or control of a video gaming terminal, or access to | 4 | | the inner workings of a video gaming terminal, unless that | 5 | | person possesses a valid terminal handler's license issued | 6 | | under this Act. | 7 | | (e) Licensed establishment. No video gaming terminal may be | 8 | | placed in any licensed establishment, licensed veterans | 9 | | establishment, licensed truck stop establishment,
or licensed | 10 | | fraternal establishment
unless the owner
or agent of the owner | 11 | | of the licensed establishment, licensed veterans | 12 | | establishment, licensed truck stop establishment, or licensed
| 13 | | fraternal establishment has entered into a
written use | 14 | | agreement with the terminal operator for placement of the
| 15 | | terminals. A copy of the use agreement shall be on file in the | 16 | | terminal
operator's place of business and available for | 17 | | inspection by individuals
authorized by the Board. A licensed | 18 | | establishment, licensed truck stop establishment, licensed | 19 | | veterans establishment,
or
licensed
fraternal
establishment | 20 | | may operate up to 5 video gaming terminals on its premises at | 21 | | any
time. A licensed truck stop establishment that is located | 22 | | within 3 road miles from a freeway interchange, as measured in | 23 | | accordance with the Illinois Department of Transportation's | 24 | | rules regarding the criteria for the installation of business | 25 | | signs, and that sells at retail more than 50,000 gallons of | 26 | | diesel or biodiesel fuel per month may operate up to 10 video |
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| 1 | | gaming terminals on its premises at any time. A licensed truck | 2 | | stop establishment may meet the fuel sales requirement by | 3 | | showing that estimated future sales or past sales average at | 4 | | least 50,000 gallons per month. All other licensed truck stop | 5 | | establishments may operate no more than 5 video gaming | 6 | | terminals at any time.
| 7 | | (f) (Blank).
| 8 | | (g) Financial interest restrictions.
As used in this Act, | 9 | | "substantial interest" in a partnership, a corporation, an
| 10 | | organization, an association, a business, or a limited | 11 | | liability company means:
| 12 | | (A) When, with respect to a sole proprietorship, an | 13 | | individual or
his or her spouse owns, operates, manages, or | 14 | | conducts, directly
or indirectly, the organization, | 15 | | association, or business, or any part thereof;
or
| 16 | | (B) When, with respect to a partnership, the individual | 17 | | or his or
her spouse shares in any of the profits, or | 18 | | potential profits,
of the partnership activities; or
| 19 | | (C) When, with respect to a corporation, an individual | 20 | | or his or her
spouse is an officer or director, or the | 21 | | individual or his or her spouse is a holder, directly or | 22 | | beneficially, of 5% or more of any class
of stock of the | 23 | | corporation; or
| 24 | | (D) When, with respect to an organization not covered | 25 | | in (A), (B) or
(C) above, an individual or his or her | 26 | | spouse is an officer or manages the
business affairs, or |
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| 1 | | the individual or his or her spouse is the
owner of or | 2 | | otherwise controls 10% or more of the assets of the | 3 | | organization;
or
| 4 | | (E) When an individual or his or her spouse furnishes
| 5 | | 5% or more of the capital, whether in cash, goods, or | 6 | | services, for the
operation of any business, association, | 7 | | or organization during any calendar
year; or | 8 | | (F) When, with respect to a limited liability company, | 9 | | an individual or his or her
spouse is a member, or the | 10 | | individual or his or her spouse is a holder, directly or | 11 | | beneficially, of 5% or more of the membership interest of | 12 | | the limited liability company.
| 13 | | For purposes of this subsection (g), "individual" includes | 14 | | all individuals or their spouses whose combined interest would | 15 | | qualify as a substantial interest under this subsection (g) and | 16 | | whose activities with respect to an organization, association, | 17 | | or business are so closely aligned or coordinated as to | 18 | | constitute the activities of a single entity. | 19 | | (h) Location restriction. A licensed establishment, | 20 | | licensed truck stop establishment, licensed
fraternal
| 21 | | establishment, or licensed veterans establishment that is (i) | 22 | | located within 1,000
feet of a facility operated by an | 23 | | organization licensee licensed under the Illinois Horse Racing | 24 | | Act of 1975 or the home dock of a riverboat licensed under the | 25 | | Riverboat
Gambling Act or (ii) located within 100 feet of a | 26 | | school or a place of worship under the Religious Corporation |
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| 1 | | Act, is ineligible to operate a video gaming terminal. The | 2 | | location restrictions in this subsection (h) do not apply if | 3 | | (A) a facility operated by an organization licensee, a school, | 4 | | or a place of worship moves to or is established within the | 5 | | restricted area after a licensed establishment, licensed truck | 6 | | stop establishment, licensed fraternal establishment, or | 7 | | licensed veterans establishment becomes licensed under this | 8 | | Act or (B) a school or place of worship moves to or is | 9 | | established within the restricted area after a licensed | 10 | | establishment, licensed truck stop establishment, licensed | 11 | | fraternal establishment, or licensed veterans establishment | 12 | | obtains its original liquor license. For the purpose of this | 13 | | subsection, "school" means an elementary or secondary public | 14 | | school, or an elementary or secondary private school registered | 15 | | with or recognized by the State Board of Education. | 16 | | Notwithstanding the provisions of this subsection (h), the | 17 | | Board may waive the requirement that a licensed establishment, | 18 | | licensed truck stop establishment, licensed fraternal | 19 | | establishment, or licensed veterans establishment not be | 20 | | located within 1,000 feet from a facility operated by an | 21 | | organization licensee or licensed under the Illinois Horse | 22 | | Racing Act of 1975 or the home dock of a riverboat licensed | 23 | | under the Riverboat Gambling Act. The Board shall not grant | 24 | | such waiver if there is any common ownership or control, shared | 25 | | business activity, or contractual arrangement of any type | 26 | | between the establishment and the organization licensee or |
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| 1 | | owners licensee of a riverboat. The Board shall adopt rules to | 2 | | implement the provisions of this paragraph. | 3 | | (i) Undue economic concentration. In addition to | 4 | | considering all other requirements under this Act, in deciding | 5 | | whether to approve the operation of video gaming terminals by a | 6 | | terminal operator in a location, the Board shall consider the | 7 | | impact of any economic concentration of such operation of video | 8 | | gaming terminals. The Board shall not allow a terminal operator | 9 | | to operate video gaming terminals if the Board determines such | 10 | | operation will result in undue economic concentration. For | 11 | | purposes of this Section, "undue economic concentration" means | 12 | | that a terminal operator would have such actual or potential | 13 | | influence over video gaming terminals in Illinois as to: | 14 | | (1) substantially impede or suppress competition among | 15 | | terminal operators; | 16 | | (2) adversely impact the economic stability of the | 17 | | video gaming industry in Illinois; or | 18 | | (3) negatively impact the purposes of the Video Gaming | 19 | | Act. | 20 | | The Board shall adopt rules concerning undue economic | 21 | | concentration with respect to the operation of video gaming | 22 | | terminals in Illinois. The rules shall include, but not be | 23 | | limited to, (i) limitations on the number of video gaming | 24 | | terminals operated by any terminal operator within a defined | 25 | | geographic radius and (ii) guidelines on the discontinuation of | 26 | | operation of any such video gaming terminals the Board |
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| 1 | | determines will cause undue economic concentration.
| 2 | | (j) The provisions of the Illinois Antitrust Act are fully | 3 | | and equally applicable to the activities of any licensee under | 4 | | this Act.
| 5 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | 6 | | eff. 7-15-13; 98-112, eff. 7-26-13; revised 10-17-13.)
| 7 | | (230 ILCS 40/55)
| 8 | | Sec. 55. Precondition for licensed location. | 9 | | (a) In all cases of
application for a licensed location,
to | 10 | | operate a video gaming terminal,
each licensed establishment, | 11 | | licensed
fraternal establishment, or licensed veterans
| 12 | | establishment
shall
possess a valid liquor license issued by | 13 | | the Illinois Liquor Control Commission
in effect at the time of | 14 | | application
and at all times thereafter during which a video
| 15 | | gaming terminal is made available to the public for play at | 16 | | that location. Video gaming terminals in a licensed location | 17 | | shall be
operated only during the same hours of operation | 18 | | generally permitted to holders of a license under the Liquor | 19 | | Control Act of 1934 within the unit of local government in | 20 | | which they are located. A licensed truck stop establishment | 21 | | that does not hold a liquor license may operate video gaming | 22 | | terminals on a continuous basis. A licensed fraternal | 23 | | establishment or licensed veterans establishment that does not | 24 | | hold a liquor license may operate video gaming terminals if (i) | 25 | | the establishment is located in a county with a population |
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| 1 | | between 6,500 and 7,000, based on the 2000 U.S. Census, (ii) | 2 | | the county prohibits by ordinance the sale of alcohol, and | 3 | | (iii) the establishment is in a portion of the county where the | 4 | | sale of alcohol is prohibited. A licensed fraternal | 5 | | establishment or licensed veterans establishment
that does not | 6 | | hold a liquor license may operate video gaming terminals
if (i) | 7 | | the establishment is located in a municipality within a county | 8 | | with a population
between 8,500 and 9,000 based on the 2000 | 9 | | U.S. Census and (ii) the
municipality or county prohibits or | 10 | | limits the sale of alcohol by ordinance in a way
that prohibits | 11 | | the establishment from selling alcohol.
| 12 | | (b) Beginning on the effective date of this amendatory Act | 13 | | of the 98th General Assembly, the Board shall not grant a | 14 | | license to operate as a licensed establishment to any | 15 | | establishment that applies for such a license after the | 16 | | effective date of this amendatory Act unless that establishment | 17 | | can demonstrate that at least 60% or more of its gross annual | 18 | | revenues, excluding video gaming revenues, are or will be | 19 | | derived from food and beverage sales and that at least 50% of | 20 | | all alcohol sales are consumed on the establishment's premises. | 21 | | For any establishment that applies for a license to operate as | 22 | | a licensed establishment and is granted such a license after | 23 | | the effective date of this amendatory Act of the 98th General | 24 | | Assembly, the Board shall not renew such license unless that | 25 | | establishment can demonstrate that at least 60% or more of its | 26 | | gross annual revenues, excluding video gaming revenues, are |
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| 1 | | derived from food and beverage sales and that least 50% of all | 2 | | alcohol sales are consumed on the establishment's premises. | 3 | | Each licensed establishment shall annually provide the Board | 4 | | with a report showing its gross annual sales total and sales by | 5 | | category, including food and beverage sales and on-premises and | 6 | | off-premises alcohol sales. The Board may audit this report. If | 7 | | the Board finds that a licensed establishment has sales of food | 8 | | and beverage that is less than 60% of its gross annual | 9 | | revenues, excluding video gaming revenues, or that less than | 10 | | 50% of all alcohol sales were consumed on the establishment's | 11 | | premises, the Board shall immediately revoke the licensed | 12 | | establishment's license. At no time shall there be more than | 13 | | 200 licensed establishments in Illinois with total revenues | 14 | | from video gaming exceeding 80% of the licensed establishment's | 15 | | gross annual revenues. Any licensed establishment that was | 16 | | licensed or had an application submitted to the Board prior to | 17 | | the effective date of this amendatory Act of the 98th General | 18 | | Assembly shall not be required to demonstrate that at least 60% | 19 | | or more of its gross annual revenues, excluding video gaming | 20 | | revenues, are or will be derived from food and beverage sales | 21 | | or that 50% or more of all alcohol sales are or will be | 22 | | consumed on the establishment's premises as required by this | 23 | | Section. This subsection (b) does not apply to any licensed | 24 | | fraternal establishment, licensed veterans establishment, or a | 25 | | bowling center or golf course that possesses a valid liquor | 26 | | license issued by the Illinois Liquor Control Commission in |
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| 1 | | effect at the time of application and at all times thereafter. | 2 | | For the purpose of this subsection, "bowling center" means a | 3 | | building, facility, or a premises that provides an area | 4 | | specifically designed to be used by the public for recreational | 5 | | or competitive bowling, and "golf course" means an area | 6 | | designated for the play or practice of the game of golf, | 7 | | including surrounding grounds. | 8 | | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10; | 9 | | 97-594, eff. 8-26-11.) | 10 | | (230 ILCS 40/58)
| 11 | | Sec. 58. Location of terminals. Video gaming terminals | 12 | | must be located
in an area restricted to persons over 21 years | 13 | | of age the entrance to which is within the view of at least one | 14 | | employee, who is over 21 years of age, of the
establishment in | 15 | | which they are located or, if a licensed truck stop | 16 | | establishment, monitored through a closed circuit television | 17 | | monitor located on the premises and within the direct view of | 18 | | at least one employee, who is over 21 years of age. Beginning | 19 | | on March 1, 2015, each licensed establishment, licensed truck | 20 | | stop establishment, licensed fraternal establishment, and | 21 | | licensed veterans establishment shall post a sign at the | 22 | | entrance of each video gaming area stating (i) that only | 23 | | persons over 21 years of age are allowed in the area, (ii) that | 24 | | persons on the Board's self-exclusion list are prohibited from | 25 | | entering the area, and (iii) information regarding obtaining |
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| 1 | | assistance with gambling problems. The exact text, font size, | 2 | | and dimensions of the sign shall be determined by rule by the | 3 | | Board . The placement of video gaming terminals in licensed | 4 | | establishments, licensed truck stop establishments, licensed | 5 | | fraternal establishments, and licensed veterans establishments | 6 | | shall be subject to the rules promulgated by the Board pursuant | 7 | | to the Illinois Administrative Procedure Act.
| 8 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)". | 9 | | (230 ILCS 40/59 new) | 10 | | Sec. 59. Advertising and promoting video gaming. Any | 11 | | advertising or promotional activities promoting video gaming | 12 | | conducted by a licensed establishment, licensed fraternal | 13 | | establishment, licensed veterans establishment, or licensed | 14 | | truck stop establishment shall include a statement regarding | 15 | | obtaining assistance with gambling problems, the text of which | 16 | | shall be determined by rule by the Board. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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