Illinois General Assembly - Full Text of SB1738
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Full Text of SB1738  98th General Assembly


Sen. Terry Link

Filed: 4/15/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1738 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Video Gaming Act is amended by changing
5Sections 5, 15, 25, 45, and 78 as follows:
6    (230 ILCS 40/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Board" means the Illinois Gaming Board.
9    "Credit" means one, 5, 10, or 25 cents either won or
10purchased by a player.
11    "Distributor" means an individual, partnership,
12corporation, or limited liability company licensed under this
13Act to buy, sell, lease, or distribute video gaming terminals
14or major components or parts of video gaming terminals to or
15from terminal operators.
16    "Electronic card" means a card purchased from a licensed



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1establishment, licensed fraternal establishment, licensed
2veterans establishment, or licensed truck stop establishment
3for use in that establishment as a substitute for cash in the
4conduct of gaming on a video gaming terminal.
5    "Terminal operator" means an individual, partnership,
6corporation, or limited liability company that is licensed
7under this Act and that owns, services, and maintains video
8gaming terminals for placement in licensed establishments,
9licensed truck stop establishments, licensed fraternal
10establishments, or licensed veterans establishments.
11    "Licensed technician" means an individual who is licensed
12under this Act to repair, service, and maintain video gaming
14    "Licensed terminal handler" means a person, including but
15not limited to an employee or independent contractor working
16for a manufacturer, distributor, supplier, technician, or
17terminal operator, who is licensed under this Act to possess or
18control a video gaming terminal or to have access to the inner
19workings of a video gaming terminal. A licensed terminal
20handler does not include an individual, partnership,
21corporation, or limited liability company defined as a
22manufacturer, distributor, supplier, technician, or terminal
23operator under this Act.
24    "Manufacturer" means an individual, partnership,
25corporation, or limited liability company that is licensed
26under this Act and that manufactures or assembles video gaming



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2    "Supplier" means an individual, partnership, corporation,
3or limited liability company that is licensed under this Act to
4supply major components or parts to video gaming terminals to
5licensed terminal operators.
6    "Net terminal income" means money put into a video gaming
7terminal minus credits paid out to players.
8    "Video gaming terminal" means any electronic video game
9machine that, upon insertion of cash, electronic cards or
10vouchers or any combination thereof, is available to play or
11simulate the play of a video game, including but not limited to
12video poker, line up, and blackjack, as authorized by the Board
13utilizing a video display and microprocessors in which the
14player may receive free games or credits that can be redeemed
15for cash. The term does not include a machine that directly
16dispenses coins, cash, or tokens or is for amusement purposes
18    "Licensed establishment" means any licensed retail
19establishment where alcoholic liquor is drawn, poured, mixed,
20or otherwise served for consumption on the premises and
21includes any such establishment that has a contractual
22relationship with an inter-track wagering location licensee
23licensed under the Illinois Horse Racing Act of 1975, provided
24any contractual relationship shall not include any transfer or
25offer of revenue from the operation of video gaming under this
26Act to any licensee licensed under the Illinois Horse Racing



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1Act of 1975. Provided, however, that the licensed establishment
2that has such a contractual relationship with an inter-track
3wagering location licensee may not, itself, be (i) an
4inter-track wagering location licensee, (ii) the corporate
5parent or subsidiary of any licensee licensed under the
6Illinois Horse Racing Act of 1975, or (iii) the corporate
7subsidiary of a corporation that is also the corporate parent
8or subsidiary of any licensee licensed under the Illinois Horse
9Racing Act of 1975. "Licensed establishment" does not include a
10facility operated by an organization licensee, an inter-track
11wagering licensee, or an inter-track wagering location
12licensee licensed under the Illinois Horse Racing Act of 1975
13or a riverboat licensed under the Riverboat Gambling Act,
14except as provided in this paragraph.
15    "Licensed fraternal establishment" means the location
16where a qualified fraternal organization that derives its
17charter from a national fraternal organization regularly
19    "Licensed veterans establishment" means the location where
20a qualified veterans organization that derives its charter from
21a national veterans organization regularly meets.
22    "Licensed truck stop establishment" means a facility (i)
23that is at least a 3-acre facility with a convenience store,
24(ii) with separate diesel islands for fueling commercial motor
25vehicles, (iii) that sells at retail more than 10,000 gallons
26of diesel or biodiesel fuel per month, and (iv) with parking



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1spaces for commercial motor vehicles. "Commercial motor
2vehicles" has the same meaning as defined in Section 18b-101 of
3the Illinois Vehicle Code. The requirement of item (iii) of
4this paragraph may be met by showing that estimated future
5sales or past sales average at least 10,000 gallons per month.
6(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
796-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff.
9    (230 ILCS 40/15)
10    Sec. 15. Minimum requirements for licensing and
11registration. Every video gaming terminal offered for play
12shall first be tested and approved pursuant to the rules of the
13Board, and each video gaming terminal offered in this State for
14play shall conform to an approved model. The Board may utilize
15the services of an independent outside testing laboratory for
16the examination of video gaming machines and associated
17equipment as required by this Section. Every video gaming
18terminal offered in this State for play must meet minimum
19standards set by an independent outside testing laboratory
20approved by the Board. Each approved model shall, at a minimum,
21meet the following criteria:
22        (1) It must conform to all requirements of federal law
23    and regulations, including FCC Class A Emissions
24    Standards.
25        (2) It must theoretically pay out a mathematically



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1    demonstrable percentage during the expected lifetime of
2    the machine of all amounts played, which must not be less
3    than 80%. The Board shall establish a maximum payout
4    percentage for approved models by rule. Video gaming
5    terminals that may be affected by skill must meet this
6    standard when using a method of play that will provide the
7    greatest return to the player over a period of continuous
8    play.
9        (3) It must use a random selection process to determine
10    the outcome of each play of a game. The random selection
11    process must meet 99% confidence limits using a standard
12    chi-squared test for (randomness) goodness of fit.
13        (4) It must display an accurate representation of the
14    game outcome.
15        (5) It must not automatically alter pay tables or any
16    function of the video gaming terminal based on internal
17    computation of hold percentage or have any means of
18    manipulation that affects the random selection process or
19    probabilities of winning a game.
20        (6) It must not be adversely affected by static
21    discharge or other electromagnetic interference.
22        (7) It must be capable of detecting and displaying the
23    following conditions during idle states or on demand: power
24    reset; door open; and door just closed.
25        (8) It must have the capacity to display complete play
26    history (outcome, intermediate play steps, credits



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1    available, bets placed, credits paid, and credits cashed
2    out) for the most recent game played and 10 games prior
3    thereto.
4        (9) The theoretical payback percentage of a video
5    gaming terminal must not be capable of being changed
6    without making a hardware or software change in the video
7    gaming terminal, either on site or via the central
8    communications system.
9        (10) Video gaming terminals must be designed so that
10    replacement of parts or modules required for normal
11    maintenance does not necessitate replacement of the
12    electromechanical meters.
13        (11) It must have nonresettable meters housed in a
14    locked area of the terminal that keep a permanent record of
15    all cash inserted into the machine, all winnings made by
16    the terminal printer, credits played in for video gaming
17    terminals, and credits won by video gaming players. The
18    video gaming terminal must provide the means for on-demand
19    display of stored information as determined by the Board.
20        (12) Electronically stored meter information required
21    by this Section must be preserved for a minimum of 180 days
22    after a power loss to the service.
23        (13) It must have one or more mechanisms that accept
24    cash in the form of bills. The mechanisms shall be designed
25    to prevent obtaining credits without paying by stringing,
26    slamming, drilling, or other means. If such attempts at



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1    physical tampering are made, the video gaming terminal
2    shall suspend itself from operating until reset.
3        (14) It shall have accounting software that keeps an
4    electronic record which includes, but is not limited to,
5    the following: total cash inserted into the video gaming
6    terminal; the value of winning tickets claimed by players;
7    the total credits played; the total credits awarded by a
8    video gaming terminal; and pay back percentage credited to
9    players of each video game.
10        (15) It shall be linked by a central communications
11    system to provide auditing program information as approved
12    by the Board. The central communications system shall use a
13    standard industry protocol, as defined by the Gaming
14    Standards Association, and shall have the functionality to
15    enable the Board or its designee to activate or deactivate
16    individual gaming devices from the central communications
17    system. In no event may the communications system approved
18    by the Board limit participation to only one manufacturer
19    of video gaming terminals by either the cost in
20    implementing the necessary program modifications to
21    communicate or the inability to communicate with the
22    central communications system.
23        (16) The Board, in its discretion, may require video
24    gaming terminals to display Amber Alert messages if the
25    Board makes a finding that it would be economically and
26    technically feasible and pose no risk to the integrity and



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1    security of the central communications system and video
2    gaming terminals.
3    The Board may adopt rules to establish additional criteria
4to preserve the integrity and security of video gaming in this
5State. The central communications system vendor may be licensed
6as a video gaming terminal manufacturer or a video gaming
7terminal distributor, or both, but in no event shall the
8central communications system vendor be licensed as a video
9gaming terminal operator. The central communications system
10vendor may not hold any license issued by the Board under this
12    The Board shall not permit the development of information
13or the use by any licensee of gaming device or individual game
14performance data. Nothing in this Act shall inhibit or prohibit
15the Board from the use of gaming device or individual game
16performance data in its regulatory duties. The Board shall
17adopt rules to ensure that all licensees are treated and all
18licensees act in a non-discriminatory manner and develop
19processes and penalties to enforce those rules.
20(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
2196-1410, eff. 7-30-10.)
22    (230 ILCS 40/25)
23    Sec. 25. Restriction of licensees.
24    (a) Manufacturer. A person may not be licensed as a
25manufacturer of a video gaming terminal in Illinois unless the



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1person has a valid manufacturer's license issued under this
2Act. A manufacturer may only sell video gaming terminals for
3use in Illinois to persons having a valid distributor's
5    (b) Distributor. A person may not sell, distribute, or
6lease or market a video gaming terminal in Illinois unless the
7person has a valid distributor's license issued under this Act.
8A distributor may only sell video gaming terminals for use in
9Illinois to persons having a valid distributor's or terminal
10operator's license.
11    (c) Terminal operator. A person may not own, maintain, or
12place a video gaming terminal unless he has a valid terminal
13operator's license issued under this Act. A terminal operator
14may only place video gaming terminals for use in Illinois in
15licensed establishments, licensed truck stop establishments,
16licensed fraternal establishments, and licensed veterans
17establishments. No terminal operator may give anything of
18value, including but not limited to a loan or financing
19arrangement, to a licensed establishment, licensed truck stop
20establishment, licensed fraternal establishment, or licensed
21veterans establishment as any incentive or inducement to locate
22video terminals in that establishment. Of the after-tax profits
23from a video gaming terminal, 50% shall be paid to the terminal
24operator and 50% shall be paid to the licensed establishment,
25licensed truck stop establishment, licensed fraternal
26establishment, or licensed veterans establishment,



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1notwithstanding any agreement to the contrary. A video terminal
2operator that violates one or more requirements of this
3subsection is guilty of a Class 4 felony and is subject to
4termination of his or her license by the Board.
5    (d) Licensed technician. A person may not service,
6maintain, or repair a video gaming terminal in this State
7unless he or she (1) has a valid technician's license issued
8under this Act, (2) is a terminal operator, or (3) is employed
9by a terminal operator, distributor, or manufacturer.
10    (d-5) Licensed terminal handler. No person, including, but
11not limited to, an employee or independent contractor working
12for a manufacturer, distributor, supplier, technician, or
13terminal operator licensed pursuant to this Act, shall have
14possession or control of a video gaming terminal, or access to
15the inner workings of a video gaming terminal, unless that
16person possesses a valid terminal handler's license issued
17under this Act.
18    (e) Licensed establishment. No video gaming terminal may be
19placed in any licensed establishment, licensed veterans
20establishment, licensed truck stop establishment, or licensed
21fraternal establishment unless the owner or agent of the owner
22of the licensed establishment, licensed veterans
23establishment, licensed truck stop establishment, or licensed
24fraternal establishment has entered into a written use
25agreement with the terminal operator for placement of the
26terminals. A copy of the use agreement shall be on file in the



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1terminal operator's place of business and available for
2inspection by individuals authorized by the Board. A licensed
3establishment, licensed truck stop establishment, licensed
4veterans establishment, or licensed fraternal establishment
5may operate up to 5 video gaming terminals on its premises at
6any time.
7    (f) (Blank).
8    (g) Financial interest restrictions. As used in this Act,
9"substantial interest" in a partnership, a corporation, an
10organization, an association, a business, or a limited
11liability 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
14all individuals or their spouses whose combined interest would
15qualify as a substantial interest under this subsection (g) and
16whose activities with respect to an organization, association,
17or business are so closely aligned or coordinated as to
18constitute the activities of a single entity.
19    (h) Location restriction. A licensed establishment,
20licensed truck stop establishment, licensed fraternal
21establishment, or licensed veterans establishment that is (i)
22located within 1,000 feet of a facility operated by an
23organization licensee or an inter-track wagering licensee
24licensed under the Illinois Horse Racing Act of 1975 or the
25home dock of a riverboat licensed under the Riverboat Gambling
26Act or (ii) located within 100 feet of a school or a place of



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1worship under the Religious Corporation Act, is ineligible to
2operate a video gaming terminal. The location restrictions in
3this subsection (h) do not apply if a facility operated by an
4organization licensee, an inter-track wagering licensee, or an
5inter-track wagering location licensee, a school, or a place of
6worship moves to or is established within the restricted area
7after a licensed establishment, licensed truck stop
8establishment, licensed fraternal establishment, or licensed
9veterans establishment becomes licensed under this Act. For the
10purpose of this subsection, "school" means an elementary or
11secondary public school, or an elementary or secondary private
12school registered with or recognized by the State Board of
14    Notwithstanding the provisions of this subsection (h), the
15Board may waive the requirement that a licensed establishment,
16licensed truck stop establishment, licensed fraternal
17establishment, or licensed veterans establishment not be
18located within 1,000 feet from a facility operated by an
19organization licensee, an inter-track wagering licensee, or an
20inter-track wagering location licensee licensed under the
21Illinois Horse Racing Act of 1975 or the home dock of a
22riverboat licensed under the Riverboat Gambling Act. The Board
23shall not grant such waiver if there is any common ownership or
24control, shared business activity, or contractual arrangement
25of any type between the establishment and the organization
26licensee, inter-track wagering licensee, inter-track wagering



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1location licensee, or owners licensee of a riverboat. The Board
2shall adopt rules to implement the provisions of this
4    (i) Undue economic concentration. In addition to
5considering all other requirements under this Act, in deciding
6whether to approve the operation of video gaming terminals by a
7terminal operator in a location, the Board shall consider the
8impact of any economic concentration of such operation of video
9gaming terminals. The Board shall not allow a terminal operator
10to operate video gaming terminals if the Board determines such
11operation will result in undue economic concentration. For
12purposes of this Section, "undue economic concentration" means
13that a terminal operator would have such actual or potential
14influence over video gaming terminals in Illinois as to:
15        (1) substantially impede or suppress competition among
16    terminal operators;
17        (2) adversely impact the economic stability of the
18    video gaming industry in Illinois; or
19        (3) negatively impact the purposes of the Video Gaming
20    Act.
21    The Board shall adopt rules concerning undue economic
22concentration with respect to the operation of video gaming
23terminals in Illinois. The rules shall include, but not be
24limited to, (i) limitations on the number of video gaming
25terminals operated by any terminal operator within a defined
26geographic radius and (ii) guidelines on the discontinuation of



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1operation of any such video gaming terminals the Board
2determines will cause undue economic concentration.
3    (j) The provisions of the Illinois Antitrust Act are fully
4and equally applicable to the activities of any licensee under
5this Act.
6(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
7eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10;
896-1479, eff. 8-23-10; 97-333, eff. 8-12-11.)
9    (230 ILCS 40/45)
10    Sec. 45. Issuance of license.
11    (a) The burden is upon each applicant to demonstrate his
12suitability for licensure. Each video gaming terminal
13manufacturer, distributor, supplier, operator, handler,
14licensed establishment, licensed truck stop establishment,
15licensed fraternal establishment, and licensed veterans
16establishment shall be licensed by the Board. The Board may
17issue or deny a license under this Act to any person pursuant
18to the same criteria set forth in Section 9 of the Riverboat
19Gambling Act.
20    (a-5) The Board shall not grant a license to a person who
21has facilitated, enabled, or participated in the use of
22coin-operated devices for gambling purposes or who is under the
23significant influence or control of such a person. For the
24purposes of this Act, "facilitated, enabled, or participated in
25the use of coin-operated amusement devices for gambling



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1purposes" means that the person has been convicted of any
2violation of Article 28 of the Criminal Code of 1961 or the
3Criminal Code of 2012. If there is pending legal action against
4a person for any such violation, then the Board shall delay the
5licensure of that person until the legal action is resolved.
6    (b) Each person seeking and possessing a license as a video
7gaming terminal manufacturer, distributor, supplier, operator,
8handler, licensed establishment, licensed truck stop
9establishment, licensed fraternal establishment, or licensed
10veterans establishment shall submit to a background
11investigation conducted by the Board with the assistance of the
12State Police or other law enforcement. The background
13investigation shall include each beneficiary of a trust, each
14partner of a partnership, and each director and officer and all
15stockholders of 5% or more in a parent or subsidiary
16corporation of a video gaming terminal manufacturer,
17distributor, supplier, operator, or licensed establishment,
18licensed truck stop establishment, licensed fraternal
19establishment, or licensed veterans establishment.
20    (c) Each person seeking and possessing a license as a video
21gaming terminal manufacturer, distributor, supplier, operator,
22handler, licensed establishment, licensed truck stop
23establishment, licensed fraternal establishment, or licensed
24veterans establishment shall disclose the identity of every
25person, association, trust, corporation, or limited liability
26company having a greater than 1% direct or indirect pecuniary



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1interest in the video gaming terminal operation for which the
2license is sought. If the disclosed entity is a trust, the
3application shall disclose the names and addresses of the
4beneficiaries; if a corporation, the names and addresses of all
5stockholders and directors; if a limited liability company, the
6names and addresses of all members; or if a partnership, the
7names and addresses of all partners, both general and limited.
8    (d) No person may be licensed as a video gaming terminal
9manufacturer, distributor, supplier, operator, handler,
10licensed establishment, licensed truck stop establishment,
11licensed fraternal establishment, or licensed veterans
12establishment if that person has been found by the Board to:
13        (1) have a background, including a criminal record,
14    reputation, habits, social or business associations, or
15    prior activities that pose a threat to the public interests
16    of the State or to the security and integrity of video
17    gaming;
18        (2) create or enhance the dangers of unsuitable,
19    unfair, or illegal practices, methods, and activities in
20    the conduct of video gaming; or
21        (3) present questionable business practices and
22    financial arrangements incidental to the conduct of video
23    gaming activities.
24    (e) Any applicant for any license under this Act has the
25burden of proving his or her qualifications to the satisfaction
26of the Board. The Board may adopt rules to establish additional



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1qualifications and requirements to preserve the integrity and
2security of video gaming in this State.
3    (f) A non-refundable application fee shall be paid at the
4time an application for a license is filed with the Board in
5the following amounts:
6        (1) Manufacturer..........................$5,000
7        (2) Distributor...........................$5,000
8        (3) Terminal operator.....................$5,000
9        (4) Supplier..............................$2,500
10        (5) Technician..............................$100
11        (6) Terminal Handler..............................$50
12    (g) The Board shall establish an annual fee for each
13license not to exceed the following:
14        (1) Manufacturer.........................$10,000
15        (2) Distributor..........................$10,000
16        (3) Terminal operator.....................$5,000
17        (4) Supplier..............................$2,000
18        (5) Technician..............................$100
19        (6) Licensed establishment, licensed truck stop
20    establishment, licensed fraternal establishment,
21    or licensed veterans establishment..............$100
22        (7) Video gaming terminal...................$100
23        (8) Terminal Handler..............................$50
24    (h) A terminal operator and a licensed establishment,
25licensed truck stop establishment, licensed fraternal
26establishment, or licensed veterans establishment shall



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1equally split the fees specified in item (7) of subsection (g).
2(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
3eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10;
497-1150, eff. 1-25-13.)
5    (230 ILCS 40/78)
6    Sec. 78. Authority of the Illinois Gaming Board.
7    (a) The Board shall have jurisdiction over and shall
8supervise all gaming operations governed by this Act. The Board
9shall have all powers necessary and proper to fully and
10effectively execute the provisions of this Act, including, but
11not limited to, the following:
12        (1) To investigate applicants and determine the
13    eligibility of applicants for licenses and to select among
14    competing applicants the applicants which best serve the
15    interests of the citizens of Illinois.
16        (2) To have jurisdiction and supervision over all video
17    gaming operations in this State and all persons in
18    establishments where video gaming operations are
19    conducted.
20        (3) To adopt rules for the purpose of administering the
21    provisions of this Act and to prescribe rules, regulations,
22    and conditions under which all video gaming in the State
23    shall be conducted. Such rules and regulations are to
24    provide for the prevention of practices detrimental to the
25    public interest and for the best interests of video gaming,



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1    including rules and regulations (i) regarding the
2    inspection of such establishments and the review of any
3    permits or licenses necessary to operate an establishment
4    under any laws or regulations applicable to
5    establishments, (ii) and to impose penalties for
6    violations of this Act and its rules, and (iii)
7    establishing standards for advertising video gaming.
8    (b) The Board shall adopt emergency rules to administer
9this Act in accordance with Section 5-45 of the Illinois
10Administrative Procedure Act. For the purposes of the Illinois
11Administrative Procedure Act, the General Assembly finds that
12the adoption of rules to implement this Act is deemed an
13emergency and necessary to the public interest, safety, and
15(Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.)
16    Section 10. The Criminal Code of 2012 is amended by
17changing Sections 28-2, 28-5, and 28-8 as follows:
18    (720 ILCS 5/28-2)  (from Ch. 38, par. 28-2)
19    Sec. 28-2. Definitions.
20    (a) A "gambling device" is any clock, tape machine, slot
21machine or other machines or device for the reception of money
22or other thing of value on chance or skill or upon the action
23of which money or other thing of value is staked, hazarded,
24bet, won or lost; or any mechanism, furniture, fixture,



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1equipment or other device designed primarily for use in a
2gambling place. A "gambling device" does not include:
3        (1) A coin-in-the-slot operated mechanical device
4    played for amusement which rewards the player with the
5    right to replay such mechanical device, which device is so
6    constructed or devised as to make such result of the
7    operation thereof depend in part upon the skill of the
8    player and which returns to the player thereof no money,
9    property or right to receive money or property.
10        (2) Vending machines by which full and adequate return
11    is made for the money invested and in which there is no
12    element of chance or hazard.
13        (3) A crane game. For the purposes of this paragraph
14    (3), a "crane game" is an amusement device involving skill,
15    if it rewards the player exclusively with merchandise
16    contained within the amusement device proper and limited to
17    toys, novelties and prizes other than currency, each having
18    a wholesale value which is not more than $25.
19        (4) A redemption machine. For the purposes of this
20    paragraph (4), a "redemption machine" is a single-player or
21    multi-player amusement device involving a game, the object
22    of which is throwing, rolling, bowling, shooting, placing,
23    or propelling a ball or other object that is either
24    physical or computer generated on a display or with lights
25    into, upon, or against a hole or other target that is
26    either physical or computer generated on a display or with



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1    lights, or stopping, by physical, mechanical, or
2    electronic means, a moving object that is either physical
3    or computer generated on a display or with lights into,
4    upon, or against a hole or other target that is either
5    physical or computer generated on a display or with lights,
6    provided that all of the following conditions are met:
7            (A) The outcome of the game is predominantly
8        determined by the skill of the player.
9            (B) The award of the prize is based solely upon the
10        player's achieving the object of the game or otherwise
11        upon the player's score.
12            (C) Only merchandise prizes are awarded.
13            (D) The wholesale value of prizes awarded in lieu
14        of tickets or tokens for single play of the device does
15        not exceed $25.
16            (E) The redemption value of tickets, tokens, and
17        other representations of value, which may be
18        accumulated by players to redeem prizes of greater
19        value, for a single play of the device does not exceed
20        $25.
21        (5) Video gaming terminals at a licensed
22    establishment, licensed truck stop establishment, licensed
23    fraternal establishment, or licensed veterans
24    establishment licensed in accordance with the Video Gaming
25    Act.
26    (a-5) "Internet" means an interactive computer service or



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1system or an information service, system, or access software
2provider that provides or enables computer access by multiple
3users to a computer server, and includes, but is not limited
4to, an information service, system, or access software provider
5that provides access to a network system commonly known as the
6Internet, or any comparable system or service and also
7includes, but is not limited to, a World Wide Web page,
8newsgroup, message board, mailing list, or chat area on any
9interactive computer service or system or other online service.
10    (a-6) "Access" and "computer" have the meanings ascribed to
11them in Section 16D-2 of this Code.
12    (b) A "lottery" is any scheme or procedure whereby one or
13more prizes are distributed by chance among persons who have
14paid or promised consideration for a chance to win such prizes,
15whether such scheme or procedure is called a lottery, raffle,
16gift, sale or some other name.
17    (c) A "policy game" is any scheme or procedure whereby a
18person promises or guarantees by any instrument, bill,
19certificate, writing, token or other device that any particular
20number, character, ticket or certificate shall in the event of
21any contingency in the nature of a lottery entitle the
22purchaser or holder to receive money, property or evidence of
24(Source: P.A. 97-1126, eff. 1-1-13.)
25    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)



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1    Sec. 28-5. Seizure of gambling devices and gambling funds.
2    (a) Every device designed for gambling which is incapable
3of lawful use or every device used unlawfully for gambling
4shall be considered a "gambling device", and shall be subject
5to seizure, confiscation and destruction by the Department of
6State Police or by any municipal, or other local authority,
7within whose jurisdiction the same may be found. As used in
8this Section, a "gambling device" includes any slot machine,
9and includes any machine or device constructed for the
10reception of money or other thing of value and so constructed
11as to return, or to cause someone to return, on chance to the
12player thereof money, property or a right to receive money or
13property. With the exception of any device designed for
14gambling which is incapable of lawful use, no gambling device
15shall be forfeited or destroyed unless an individual with a
16property interest in said device knows of the unlawful use of
17the device.
18    (b) Every gambling device shall be seized and forfeited to
19the county wherein such seizure occurs. Any money or other
20thing of value integrally related to acts of gambling shall be
21seized and forfeited to the county wherein such seizure occurs.
22    (c) If, within 60 days after any seizure pursuant to
23subparagraph (b) of this Section, a person having any property
24interest in the seized property is charged with an offense, the
25court which renders judgment upon such charge shall, within 30
26days after such judgment, conduct a forfeiture hearing to



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1determine whether such property was a gambling device at the
2time of seizure. Such hearing shall be commenced by a written
3petition by the State, including material allegations of fact,
4the name and address of every person determined by the State to
5have any property interest in the seized property, a
6representation that written notice of the date, time and place
7of such hearing has been mailed to every such person by
8certified mail at least 10 days before such date, and a request
9for forfeiture. Every such person may appear as a party and
10present evidence at such hearing. The quantum of proof required
11shall be a preponderance of the evidence, and the burden of
12proof shall be on the State. If the court determines that the
13seized property was a gambling device at the time of seizure,
14an order of forfeiture and disposition of the seized property
15shall be entered: a gambling device shall be received by the
16State's Attorney, who shall effect its destruction, except that
17valuable parts thereof may be liquidated and the resultant
18money shall be deposited in the general fund of the county
19wherein such seizure occurred; money and other things of value
20shall be received by the State's Attorney and, upon
21liquidation, shall be deposited in the general fund of the
22county wherein such seizure occurred. However, in the event
23that a defendant raises the defense that the seized slot
24machine is an antique slot machine described in subparagraph
25(b) (7) of Section 28-1 of this Code and therefore he is exempt
26from the charge of a gambling activity participant, the seized



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1antique slot machine shall not be destroyed or otherwise
2altered until a final determination is made by the Court as to
3whether it is such an antique slot machine. Upon a final
4determination by the Court of this question in favor of the
5defendant, such slot machine shall be immediately returned to
6the defendant. Such order of forfeiture and disposition shall,
7for the purposes of appeal, be a final order and judgment in a
8civil proceeding.
9    (d) If a seizure pursuant to subparagraph (b) of this
10Section is not followed by a charge pursuant to subparagraph
11(c) of this Section, or if the prosecution of such charge is
12permanently terminated or indefinitely discontinued without
13any judgment of conviction or acquittal (1) the State's
14Attorney shall commence an in rem proceeding for the forfeiture
15and destruction of a gambling device, or for the forfeiture and
16deposit in the general fund of the county of any seized money
17or other things of value, or both, in the circuit court and (2)
18any person having any property interest in such seized gambling
19device, money or other thing of value may commence separate
20civil proceedings in the manner provided by law.
21    (e) Any gambling device displayed for sale to a riverboat
22gambling operation or used to train occupational licensees of a
23riverboat gambling operation as authorized under the Riverboat
24Gambling Act is exempt from seizure under this Section.
25    (f) Any gambling equipment, devices and supplies provided
26by a licensed supplier in accordance with the Riverboat



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1Gambling Act which are removed from the riverboat for repair
2are exempt from seizure under this Section.
3    (g) The following video gaming terminals are exempt from
4seizure under this Section:
5        (1) Video gaming terminals for sale to a licensed
6    distributor or operator under the Video Gaming Act.
7        (2) Video gaming terminals used to train licensed
8    technicians or licensed terminal handlers.
9        (3) Video gaming terminals that are removed from a
10    licensed establishment, licensed truck stop establishment,
11    licensed fraternal establishment, or licensed veterans
12    establishment for repair.
13(Source: P.A. 87-826.)
14    (720 ILCS 5/28-8)  (from Ch. 38, par. 28-8)
15    Sec. 28-8. Gambling losses recoverable.
16    (a) Any person who by gambling shall lose to any other
17person, any sum of money or thing of value, amounting to the
18sum of $50 or more and shall pay or deliver the same or any part
19thereof, may sue for and recover the money or other thing of
20value, so lost and paid or delivered, in a civil action against
21the winner thereof, with costs, in the circuit court. No person
22who accepts from another person for transmission, and
23transmits, either in his own name or in the name of such other
24person, any order for any transaction to be made upon, or who
25executes any order given to him by another person, or who



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1executes any transaction for his own account on, any regular
2board of trade or commercial, commodity or stock exchange,
3shall, under any circumstances, be deemed a "winner" of any
4moneys lost by such other person in or through any such
6    (b) If within 6 months, such person who under the terms of
7Subsection 28-8(a) is entitled to initiate action to recover
8his losses does not in fact pursue his remedy, any person may
9initiate a civil action against the winner. The court or the
10jury, as the case may be, shall determine the amount of the
11loss. After such determination, the court shall enter a
12judgment of triple the amount so determined.
13    (c) Gambling losses as a result of gambling conducted on a
14video gaming terminal licensed under the Video Gaming Act are
15not recoverable under this Section.
16(Source: P.A. 79-1360.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".