Full Text of SB1794 99th General Assembly
SB1794sam001 99TH GENERAL ASSEMBLY | Sen. Darin M. LaHood Filed: 3/18/2015
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| 1 | | AMENDMENT TO SENATE BILL 1794
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1794 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by adding Section | 5 | | 5-1126.5 as follows: | 6 | | (55 ILCS 5/5-1126.5 new) | 7 | | Sec. 5-1126.5. Liquor license with video gaming | 8 | | authorization. Notwithstanding any provisions in the Liquor | 9 | | Control Act of 1934 or the Video Gaming Act to the contrary, a | 10 | | county board shall have the power, by ordinance, to adopt | 11 | | classifications of liquor licenses, including an authorizing | 12 | | license that, when issued, may or may not authorize the liquor | 13 | | license holder to subsequently apply to the Illinois Gaming | 14 | | Board for a license as a licensed establishment, licensed | 15 | | fraternal establishment, or licensed veterans establishment | 16 | | under the Video Gaming Act and to operate as a licensed |
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| 1 | | establishment, licensed fraternal establishment, or licensed | 2 | | veterans establishment if granted a license by the Illinois | 3 | | Gaming Board. If such classifications are adopted by a county, | 4 | | the amount of the license fee for an authorizing license shall | 5 | | not exceed the amount charged for similar liquor licenses that | 6 | | are not authorizing licenses. A county that permits video | 7 | | gaming pursuant to the Video Gaming Act at the time it adopts | 8 | | such classifications of liquor license shall, upon the | 9 | | licensee's request, issue an authorizing license to any | 10 | | establishment already possessing an existing liquor license | 11 | | for no additional fee. Nothing in this Section shall be | 12 | | construed to terminate or otherwise affect the rights of a | 13 | | licensed establishment, licensed fraternal establishment, | 14 | | licensed veterans establishment, or licensed truck stop | 15 | | establishment licensed under the Video Gaming Act that is | 16 | | located in a county that adopts an ordinance under this | 17 | | Section. A county shall notify the Illinois Gaming Board upon | 18 | | its adoption of any ordinance under this Section. | 19 | | Section 10. The Illinois Municipal Code is amended by | 20 | | adding Section 11-42-10.3 as follows: | 21 | | (65 ILCS 5/11-42-10.3 new) | 22 | | Sec. 11-42-10.3. Liquor license with video gaming | 23 | | authorization. Notwithstanding any provisions in the Liquor | 24 | | Control Act of 1934 or the Video Gaming Act to the contrary, |
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| 1 | | the corporate authorities of a municipality shall have the | 2 | | power, by ordinance, to adopt classifications of liquor | 3 | | licenses, including an authorizing license that, when issued, | 4 | | may or may not authorize the liquor license holder to | 5 | | subsequently apply to the Illinois Gaming Board for a license | 6 | | as a licensed establishment, licensed fraternal establishment, | 7 | | or licensed veterans establishment under the Video Gaming Act | 8 | | and to operate as a licensed establishment, licensed fraternal | 9 | | establishment, or licensed veterans establishment if granted a | 10 | | license by the Illinois Gaming Board. If such classifications | 11 | | are adopted by a municipality, the amount of the license fee | 12 | | for an authorizing license shall not exceed the amount charged | 13 | | for similar liquor licenses that are not authorizing licenses. | 14 | | A municipality that permits video gaming pursuant to the Video | 15 | | Gaming Act at the time it adopts such classifications of liquor | 16 | | license shall, upon the licensee's request, issue an | 17 | | authorizing license to any establishment already possessing an | 18 | | existing liquor license for no additional fee. Nothing in this | 19 | | Section shall be construed to terminate or otherwise affect the | 20 | | rights of a licensed establishment, licensed fraternal | 21 | | establishment, licensed veterans establishment, or licensed | 22 | | truck stop establishment licensed under the Video Gaming Act | 23 | | that is located in a municipality that adopts an ordinance | 24 | | under this Section. A municipality shall notify the Illinois | 25 | | Gaming Board upon its adoption of any ordinance under this | 26 | | Section.
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| 1 | | Section 15. The Video Gaming
Act is amended by changing | 2 | | Section 55 as follows: | 3 | | (230 ILCS 40/55)
| 4 | | Sec. 55. Precondition for licensed location. In all cases | 5 | | of
application for a licensed location,
to operate a video | 6 | | gaming terminal,
each licensed establishment, licensed
| 7 | | fraternal establishment, or licensed veterans
establishment
| 8 | | shall
possess a valid liquor license issued by the Illinois | 9 | | Liquor Control Commission
in effect at the time of application
| 10 | | and at all times thereafter during which a video
gaming | 11 | | terminal is made available to the public for play at that | 12 | | location. If the applicant's liquor license issued by the local | 13 | | governing body provides that the applicant is not authorized to | 14 | | apply to the Board for a license as a licensed establishment, | 15 | | licensed fraternal establishment, or licensed veterans | 16 | | establishment under this Act, and to operate as a licensed | 17 | | establishment, licensed fraternal establishment, or licensed | 18 | | veterans establishment if granted a license by the Board, then | 19 | | the applicant is ineligible to apply for a license under this | 20 | | Act. Video gaming terminals in a licensed location shall be
| 21 | | operated only during the same hours of operation generally | 22 | | permitted to holders of a license under the Liquor Control Act | 23 | | of 1934 within the unit of local government in which they are | 24 | | located. A licensed truck stop establishment that does not hold |
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| 1 | | a liquor license may operate video gaming terminals on a | 2 | | continuous basis. A licensed fraternal establishment or | 3 | | licensed veterans establishment that does not hold a liquor | 4 | | license may operate video gaming terminals if (i) the | 5 | | establishment is located in a county with a population between | 6 | | 6,500 and 7,000, based on the 2000 U.S. Census, (ii) the county | 7 | | prohibits by ordinance the sale of alcohol, and (iii) the | 8 | | establishment is in a portion of the county where the sale of | 9 | | alcohol is prohibited. A licensed fraternal establishment or | 10 | | licensed veterans establishment
that does not hold a liquor | 11 | | license may operate video gaming terminals
if (i) the | 12 | | establishment is located in a municipality within a county with | 13 | | a population
between 8,500 and 9,000 based on the 2000 U.S. | 14 | | Census and (ii) the
municipality or county prohibits or limits | 15 | | the sale of alcohol by ordinance in a way
that prohibits the | 16 | | establishment from selling alcohol.
| 17 | | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10; | 18 | | 97-594, eff. 8-26-11.)".
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