Illinois General Assembly - Full Text of SB0516
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Full Text of SB0516  101st General Assembly

SB0516ham001 101ST GENERAL ASSEMBLY

Rep. Martin J. Moylan

Filed: 5/8/2019

 

 


 

 


 
10100SB0516ham001LRB101 04277 SMS 60324 a

1
AMENDMENT TO SENATE BILL 516

2    AMENDMENT NO. ______. Amend Senate Bill 516 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Riverboat Gambling Act is amended by
5changing Sections 2, 3, 4, 5, 5.1, 6, 7, 7.3, 8, 9, 11, 11.1,
612, 13, 18, 18.1, 19, and 20 and by adding Section 11.3 as
7follows:
 
8    (230 ILCS 10/2)  (from Ch. 120, par. 2402)
9    Sec. 2. Legislative Intent.
10    (a) This Act is intended to benefit the people of the State
11of Illinois by assisting economic development and promoting
12Illinois tourism and by increasing the amount of revenues
13available to the State to assist and support education.
14    (b) While authorization of riverboat and casino gambling
15will enhance investment, development and tourism in Illinois,
16it is recognized that it will do so successfully only if public

 

 

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1confidence and trust in the credibility and integrity of the
2gambling operations and the regulatory process is maintained.
3Therefore, regulatory provisions of this Act are designed to
4strictly regulate the facilities, persons, associations and
5practices related to gambling operations pursuant to the police
6powers of the State, including comprehensive law enforcement
7supervision.
8    (c) The Illinois Gaming Board established under this Act
9should, as soon as possible, inform each applicant for an
10owners license of the Board's intent to grant or deny a
11license.
12(Source: P.A. 93-28, eff. 6-20-03.)
 
13    (230 ILCS 10/3)  (from Ch. 120, par. 2403)
14    Sec. 3. Riverboat Gambling Authorized.
15    (a) Riverboat and casino gambling operations and the system
16of wagering incorporated therein, as defined in this Act, are
17hereby authorized to the extent that they are carried out in
18accordance with the provisions of this Act.
19    (b) This Act does not apply to the pari-mutuel system of
20wagering used or intended to be used in connection with the
21horse-race meetings as authorized under the Illinois Horse
22Racing Act of 1975, lottery games authorized under the Illinois
23Lottery Law, bingo authorized under the Bingo License and Tax
24Act, charitable games authorized under the Charitable Games Act
25or pull tabs and jar games conducted under the Illinois Pull

 

 

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1Tabs and Jar Games Act.
2    (c) Riverboat gambling conducted pursuant to this Act may
3be authorized upon any water within the State of Illinois or
4any water other than Lake Michigan which constitutes a boundary
5of the State of Illinois. A licensee may conduct riverboat
6gambling authorized under this Act regardless of whether it
7conducts excursion cruises. A licensee may permit the
8continuous ingress and egress of passengers for the purpose of
9gambling.
10(Source: P.A. 91-40, eff. 6-25-99.)
 
11    (230 ILCS 10/4)  (from Ch. 120, par. 2404)
12    Sec. 4. Definitions. As used in this Act:
13    (a) "Board" means the Illinois Gaming Board.
14    (b) "Occupational license" means a license issued by the
15Board to a person or entity to perform an occupation which the
16Board has identified as requiring a license to engage in
17riverboat gambling or casino gambling in Illinois.
18    (c) "Gambling game" includes, but is not limited to,
19baccarat, twenty-one, poker, craps, slot machine, video game of
20chance, roulette wheel, klondike table, punchboard, faro
21layout, keno layout, numbers ticket, push card, jar ticket, or
22pull tab which is authorized by the Board as a wagering device
23under this Act.
24    (d) "Riverboat" means a self-propelled excursion boat, a
25permanently moored barge, or permanently moored barges that are

 

 

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1permanently fixed together to operate as one vessel, on which
2lawful gambling is authorized and licensed as provided in this
3Act.
4    (e) "Managers license" means a license issued by the Board
5to a person or entity to manage gambling operations conducted
6by the State pursuant to Section 7.3.
7    (f) "Dock" means the location where a riverboat moors for
8the purpose of embarking passengers for and disembarking
9passengers from the riverboat.
10    (g) "Gross receipts" means the total amount of money
11exchanged for the purchase of chips, tokens, or electronic
12cards by riverboat patrons.
13    (h) "Adjusted gross receipts" means the gross receipts less
14winnings paid to wagerers.
15    (i) "Cheat" means to alter the selection of criteria which
16determine the result of a gambling game or the amount or
17frequency of payment in a gambling game.
18    (j) (Blank).
19    (k) "Gambling operation" means the conduct of authorized
20gambling games authorized under this Act upon a riverboat or in
21a casino.
22    (l) "License bid" means the lump sum amount of money that
23an applicant bids and agrees to pay the State in return for an
24owners license that is re-issued on or after July 1, 2003.
25    (m) The terms "minority person", "woman", and "person with
26a disability" shall have the same meaning as defined in Section

 

 

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12 of the Business Enterprise for Minorities, Women, and Persons
2with Disabilities Act.
3    "Casino" means a facility at which lawful gambling is
4authorized as provided in this Act.
5    "Owners license" means a license to conduct riverboat or
6casino gambling operations.
7    "Licensed owner" means a person who holds an owners
8license.
9(Source: P.A. 100-391, eff. 8-25-17.)
 
10    (230 ILCS 10/5)  (from Ch. 120, par. 2405)
11    Sec. 5. Gaming Board.
12    (a) (1) There is hereby established the Illinois Gaming
13Board, which shall have the powers and duties specified in this
14Act, and all other powers necessary and proper to fully and
15effectively execute this Act for the purpose of administering,
16regulating, and enforcing the system of riverboat and casino
17gambling established by this Act. Its jurisdiction shall extend
18under this Act to every person, association, corporation,
19partnership and trust involved in riverboat and casino gambling
20operations in the State of Illinois.
21    (2) The Board shall consist of 5 members to be appointed by
22the Governor with the advice and consent of the Senate, one of
23whom shall be designated by the Governor to be chairperson
24chairman. Each member shall have a reasonable knowledge of the
25practice, procedure and principles of gambling operations.

 

 

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1Each member shall either be a resident of Illinois or shall
2certify that he or she will become a resident of Illinois
3before taking office. At least one member shall be experienced
4in law enforcement and criminal investigation, at least one
5member shall be a certified public accountant experienced in
6accounting and auditing, and at least one member shall be a
7lawyer licensed to practice law in Illinois.
8    (3) The terms of office of the Board members shall be 3
9years, except that the terms of office of the initial Board
10members appointed pursuant to this Act will commence from the
11effective date of this Act and run as follows: one for a term
12ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
13a term ending July 1, 1993. Upon the expiration of the
14foregoing terms, the successors of such members shall serve a
15term for 3 years and until their successors are appointed and
16qualified for like terms. Vacancies in the Board shall be
17filled for the unexpired term in like manner as original
18appointments. Each member of the Board shall be eligible for
19reappointment at the discretion of the Governor with the advice
20and consent of the Senate.
21    (4) Each member of the Board shall receive $300 for each
22day the Board meets and for each day the member conducts any
23hearing pursuant to this Act. Each member of the Board shall
24also be reimbursed for all actual and necessary expenses and
25disbursements incurred in the execution of official duties.
26    (5) No person shall be appointed a member of the Board or

 

 

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1continue to be a member of the Board who is, or whose spouse,
2child or parent is, a member of the board of directors of, or a
3person financially interested in, any gambling operation
4subject to the jurisdiction of this Board, or any race track,
5race meeting, racing association or the operations thereof
6subject to the jurisdiction of the Illinois Racing Board. No
7Board member shall hold any other public office. No person
8shall be a member of the Board who is not of good moral
9character or who has been convicted of, or is under indictment
10for, a felony under the laws of Illinois or any other state, or
11the United States.
12    (5.5) No member of the Board shall engage in any political
13activity. For the purposes of this Section, "political" means
14any activity in support of or in connection with any campaign
15for federal, State, or local elective office or any political
16organization, but does not include activities (i) relating to
17the support or opposition of any executive, legislative, or
18administrative action (as those terms are defined in Section 2
19of the Lobbyist Registration Act), (ii) relating to collective
20bargaining, or (iii) that are otherwise in furtherance of the
21person's official State duties or governmental and public
22service functions.
23    (6) Any member of the Board may be removed by the Governor
24for neglect of duty, misfeasance, malfeasance, or nonfeasance
25in office or for engaging in any political activity.
26    (7) Before entering upon the discharge of the duties of his

 

 

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1office, each member of the Board shall take an oath that he
2will faithfully execute the duties of his office according to
3the laws of the State and the rules and regulations adopted
4therewith and shall give bond to the State of Illinois,
5approved by the Governor, in the sum of $25,000. Every such
6bond, when duly executed and approved, shall be recorded in the
7office of the Secretary of State. Whenever the Governor
8determines that the bond of any member of the Board has become
9or is likely to become invalid or insufficient, he shall
10require such member forthwith to renew his bond, which is to be
11approved by the Governor. Any member of the Board who fails to
12take oath and give bond within 30 days from the date of his
13appointment, or who fails to renew his bond within 30 days
14after it is demanded by the Governor, shall be guilty of
15neglect of duty and may be removed by the Governor. The cost of
16any bond given by any member of the Board under this Section
17shall be taken to be a part of the necessary expenses of the
18Board.
19    (7.5) For the examination of all mechanical,
20electromechanical, or electronic table games, slot machines,
21slot accounting systems, and other electronic gaming equipment
22for compliance with this Act, the Board may utilize the
23services of one or more independent outside testing
24laboratories that have been accredited by a national
25accreditation body and that, in the judgment of the Board, are
26qualified to perform such examinations.

 

 

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1    (8) The Board shall employ such personnel as may be
2necessary to carry out its functions and shall determine the
3salaries of all personnel, except those personnel whose
4salaries are determined under the terms of a collective
5bargaining agreement. No person shall be employed to serve the
6Board who is, or whose spouse, parent or child is, an official
7of, or has a financial interest in or financial relation with,
8any operator engaged in gambling operations within this State
9or any organization engaged in conducting horse racing within
10this State. Any employee violating these prohibitions shall be
11subject to termination of employment.
12    (9) An Administrator shall perform any and all duties that
13the Board shall assign him. The salary of the Administrator
14shall be determined by the Board and, in addition, he shall be
15reimbursed for all actual and necessary expenses incurred by
16him in discharge of his official duties. The Administrator
17shall keep records of all proceedings of the Board and shall
18preserve all records, books, documents and other papers
19belonging to the Board or entrusted to its care. The
20Administrator shall devote his full time to the duties of the
21office and shall not hold any other office or employment.
22    (b) The Board shall have general responsibility for the
23implementation of this Act. Its duties include, without
24limitation, the following:
25        (1) To decide promptly and in reasonable order all
26    license applications. Any party aggrieved by an action of

 

 

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1    the Board denying, suspending, revoking, restricting or
2    refusing to renew a license may request a hearing before
3    the Board. A request for a hearing must be made to the
4    Board in writing within 5 days after service of notice of
5    the action of the Board. Notice of the action of the Board
6    shall be served either by personal delivery or by certified
7    mail, postage prepaid, to the aggrieved party. Notice
8    served by certified mail shall be deemed complete on the
9    business day following the date of such mailing. The Board
10    shall conduct all requested hearings promptly and in
11    reasonable order;
12        (2) To conduct all hearings pertaining to civil
13    violations of this Act or rules and regulations promulgated
14    hereunder;
15        (3) To promulgate such rules and regulations as in its
16    judgment may be necessary to protect or enhance the
17    credibility and integrity of gambling operations
18    authorized by this Act and the regulatory process
19    hereunder;
20        (4) To provide for the establishment and collection of
21    all license and registration fees and taxes imposed by this
22    Act and the rules and regulations issued pursuant hereto.
23    All such fees and taxes shall be deposited into the State
24    Gaming Fund;
25        (5) To provide for the levy and collection of penalties
26    and fines for the violation of provisions of this Act and

 

 

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1    the rules and regulations promulgated hereunder. All such
2    fines and penalties shall be deposited into the Education
3    Assistance Fund, created by Public Act 86-0018, of the
4    State of Illinois;
5        (6) To be present through its inspectors and agents any
6    time gambling operations are conducted on any riverboat or
7    in any casino for the purpose of certifying the revenue
8    thereof, receiving complaints from the public, and
9    conducting such other investigations into the conduct of
10    the gambling games and the maintenance of the equipment as
11    from time to time the Board may deem necessary and proper;
12        (7) To review and rule upon any complaint by a licensee
13    regarding any investigative procedures of the State which
14    are unnecessarily disruptive of gambling operations. The
15    need to inspect and investigate shall be presumed at all
16    times. The disruption of a licensee's operations shall be
17    proved by clear and convincing evidence, and establish
18    that: (A) the procedures had no reasonable law enforcement
19    purposes, and (B) the procedures were so disruptive as to
20    unreasonably inhibit gambling operations;
21        (8) To hold at least one meeting each quarter of the
22    fiscal year. In addition, special meetings may be called by
23    the Chairman or any 2 Board members upon 72 hours written
24    notice to each member. All Board meetings shall be subject
25    to the Open Meetings Act. Three members of the Board shall
26    constitute a quorum, and 3 votes shall be required for any

 

 

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1    final determination by the Board. The Board shall keep a
2    complete and accurate record of all its meetings. A
3    majority of the members of the Board shall constitute a
4    quorum for the transaction of any business, for the
5    performance of any duty, or for the exercise of any power
6    which this Act requires the Board members to transact,
7    perform or exercise en banc, except that, upon order of the
8    Board, one of the Board members or an administrative law
9    judge designated by the Board may conduct any hearing
10    provided for under this Act or by Board rule and may
11    recommend findings and decisions to the Board. The Board
12    member or administrative law judge conducting such hearing
13    shall have all powers and rights granted to the Board in
14    this Act. The record made at the time of the hearing shall
15    be reviewed by the Board, or a majority thereof, and the
16    findings and decision of the majority of the Board shall
17    constitute the order of the Board in such case;
18        (9) To maintain records which are separate and distinct
19    from the records of any other State board or commission.
20    Such records shall be available for public inspection and
21    shall accurately reflect all Board proceedings;
22        (10) To file a written annual report with the Governor
23    on or before July 1 each year and such additional reports
24    as the Governor may request. The annual report shall
25    include a statement of receipts and disbursements by the
26    Board, actions taken by the Board, and any additional

 

 

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1    information and recommendations which the Board may deem
2    valuable or which the Governor may request;
3        (11) (Blank);
4        (12) (Blank);
5        (13) To assume responsibility for administration and
6    enforcement of the Video Gaming Act; and
7        (14) To adopt, by rule, a code of conduct governing
8    Board members and employees that ensure, to the maximum
9    extent possible, that persons subject to this Code avoid
10    situations, relationships, or associations that may
11    represent or lead to a conflict of interest.
12    (c) The Board shall have jurisdiction over and shall
13supervise all gambling operations governed by this Act. The
14Board shall have all powers necessary and proper to fully and
15effectively execute the provisions of this Act, including, but
16not limited to, the following:
17        (1) To investigate applicants and determine the
18    eligibility of applicants for licenses and to select among
19    competing applicants the applicants which best serve the
20    interests of the citizens of Illinois.
21        (2) To have jurisdiction and supervision over all
22    riverboat gambling operations authorized under this Act in
23    this State and all persons in places on riverboats where
24    gambling operations are conducted.
25        (3) To promulgate rules and regulations for the purpose
26    of administering the provisions of this Act and to

 

 

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1    prescribe rules, regulations and conditions under which
2    all riverboat gambling operations subject to this Act in
3    the State shall be conducted. Such rules and regulations
4    are to provide for the prevention of practices detrimental
5    to the public interest and for the best interests of
6    riverboat gambling, including rules and regulations
7    regarding the inspection of casinos and such riverboats,
8    and the review of any permits or licenses necessary to
9    operate a riverboat or casino under any laws or regulations
10    applicable to riverboats or casinos , and to impose
11    penalties for violations thereof.
12        (4) To enter the office, riverboats, casinos,
13    facilities, or other places of business of a licensee,
14    where evidence of the compliance or noncompliance with the
15    provisions of this Act is likely to be found.
16        (5) To investigate alleged violations of this Act or
17    the rules of the Board and to take appropriate disciplinary
18    action against a licensee or a holder of an occupational
19    license for a violation, or institute appropriate legal
20    action for enforcement, or both.
21        (6) To adopt standards for the licensing of all persons
22    and entities under this Act, as well as for electronic or
23    mechanical gambling games, and to establish fees for such
24    licenses.
25        (7) To adopt appropriate standards for all riverboats,
26    casinos, and facilities authorized under this Act.

 

 

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1        (8) To require that the records, including financial or
2    other statements of any licensee under this Act, shall be
3    kept in such manner as prescribed by the Board and that any
4    such licensee involved in the ownership or management of
5    gambling operations submit to the Board an annual balance
6    sheet and profit and loss statement, list of the
7    stockholders or other persons having a 1% or greater
8    beneficial interest in the gambling activities of each
9    licensee, and any other information the Board deems
10    necessary in order to effectively administer this Act and
11    all rules, regulations, orders and final decisions
12    promulgated under this Act.
13        (9) To conduct hearings, issue subpoenas for the
14    attendance of witnesses and subpoenas duces tecum for the
15    production of books, records and other pertinent documents
16    in accordance with the Illinois Administrative Procedure
17    Act, and to administer oaths and affirmations to the
18    witnesses, when, in the judgment of the Board, it is
19    necessary to administer or enforce this Act or the Board
20    rules.
21        (10) To prescribe a form to be used by any licensee
22    involved in the ownership or management of gambling
23    operations as an application for employment for their
24    employees.
25        (11) To revoke or suspend licenses, as the Board may
26    see fit and in compliance with applicable laws of the State

 

 

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1    regarding administrative procedures, and to review
2    applications for the renewal of licenses. The Board may
3    suspend an owners license, without notice or hearing upon a
4    determination that the safety or health of patrons or
5    employees is jeopardized by continuing a gambling
6    operation conducted under that license riverboat's
7    operation. The suspension may remain in effect until the
8    Board determines that the cause for suspension has been
9    abated. The Board may revoke the owners license upon a
10    determination that the owner has not made satisfactory
11    progress toward abating the hazard.
12        (12) To eject or exclude or authorize the ejection or
13    exclusion of, any person from riverboat gambling
14    facilities where that such person is in violation of this
15    Act, rules and regulations thereunder, or final orders of
16    the Board, or where such person's conduct or reputation is
17    such that his or her presence within the riverboat gambling
18    facilities may, in the opinion of the Board, call into
19    question the honesty and integrity of the gambling
20    operations or interfere with the orderly conduct thereof;
21    provided that the propriety of such ejection or exclusion
22    is subject to subsequent hearing by the Board.
23        (13) To require all licensees of gambling operations to
24    utilize a cashless wagering system whereby all players'
25    money is converted to tokens, electronic cards, or chips
26    which shall be used only for wagering in the gambling

 

 

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1    establishment.
2        (14) (Blank).
3        (15) To suspend, revoke or restrict licenses, to
4    require the removal of a licensee or an employee of a
5    licensee for a violation of this Act or a Board rule or for
6    engaging in a fraudulent practice, and to impose civil
7    penalties of up to $5,000 against individuals and up to
8    $10,000 or an amount equal to the daily gross receipts,
9    whichever is larger, against licensees for each violation
10    of any provision of the Act, any rules adopted by the
11    Board, any order of the Board or any other action which, in
12    the Board's discretion, is a detriment or impediment to
13    riverboat gambling operations.
14        (16) To hire employees to gather information, conduct
15    investigations and carry out any other tasks contemplated
16    under this Act.
17        (17) To establish minimum levels of insurance to be
18    maintained by licensees.
19        (18) To authorize a licensee to sell or serve alcoholic
20    liquors, wine or beer as defined in the Liquor Control Act
21    of 1934 on board a riverboat or in a casino and to have
22    exclusive authority to establish the hours for sale and
23    consumption of alcoholic liquor on board a riverboat or in
24    a casino, notwithstanding any provision of the Liquor
25    Control Act of 1934 or any local ordinance, and regardless
26    of whether the riverboat makes excursions. The

 

 

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1    establishment of the hours for sale and consumption of
2    alcoholic liquor on board a riverboat or in a casino is an
3    exclusive power and function of the State. A home rule unit
4    may not establish the hours for sale and consumption of
5    alcoholic liquor on board a riverboat or in a casino. This
6    subdivision (18) amendatory Act of 1991 is a denial and
7    limitation of home rule powers and functions under
8    subsection (h) of Section 6 of Article VII of the Illinois
9    Constitution.
10        (19) After consultation with the U.S. Army Corps of
11    Engineers, to establish binding emergency orders upon the
12    concurrence of a majority of the members of the Board
13    regarding the navigability of water, relative to
14    excursions, in the event of extreme weather conditions,
15    acts of God or other extreme circumstances.
16        (20) To delegate the execution of any of its powers
17    under this Act for the purpose of administering and
18    enforcing this Act and its rules and regulations hereunder.
19        (20.5) To approve any contract entered into on its
20    behalf.
21        (20.6) To appoint investigators to conduct
22    investigations, searches, seizures, arrests, and other
23    duties imposed under this Act, as deemed necessary by the
24    Board. These investigators have and may exercise all of the
25    rights and powers of peace officers, provided that these
26    powers shall be limited to offenses or violations occurring

 

 

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1    or committed in a casino or on a riverboat or dock, as
2    defined in subsections (d) and (f) of Section 4, or as
3    otherwise provided by this Act or any other law.
4        (20.7) To contract with the Department of State Police
5    for the use of trained and qualified State police officers
6    and with the Department of Revenue for the use of trained
7    and qualified Department of Revenue investigators to
8    conduct investigations, searches, seizures, arrests, and
9    other duties imposed under this Act and to exercise all of
10    the rights and powers of peace officers, provided that the
11    powers of Department of Revenue investigators under this
12    subdivision (20.7) shall be limited to offenses or
13    violations occurring or committed in a casino or on a
14    riverboat or dock, as defined in subsections (d) and (f) of
15    Section 4, or as otherwise provided by this Act or any
16    other law. In the event the Department of State Police or
17    the Department of Revenue is unable to fill contracted
18    police or investigative positions, the Board may appoint
19    investigators to fill those positions pursuant to
20    subdivision (20.6).
21        (21) To have the same jurisdiction and supervision over
22    casinos as the Board has over riverboats, including, but
23    not limited to, the power to (i) investigate, review, and
24    approve contracts as that power is applied to riverboats,
25    (ii) adopt rules for administering the provisions of this
26    Act, (iii) adopt standards for the licensing of all persons

 

 

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1    involved with a casino, (iv) investigate alleged
2    violations of this Act by any person involved with a
3    casino, and (v) require that records, including financial
4    or other statements of any casino, shall be kept in such
5    manner as prescribed by the Board.
6        (22) (21) To take any other action as may be reasonable
7    or appropriate to enforce this Act and rules and
8    regulations hereunder.
9    (d) The Board may seek and shall receive the cooperation of
10the Department of State Police in conducting background
11investigations of applicants and in fulfilling its
12responsibilities under this Section. Costs incurred by the
13Department of State Police as a result of such cooperation
14shall be paid by the Board in conformance with the requirements
15of Section 2605-400 of the Department of State Police Law (20
16ILCS 2605/2605-400).
17    (e) The Board must authorize to each investigator and to
18any other employee of the Board exercising the powers of a
19peace officer a distinct badge that, on its face, (i) clearly
20states that the badge is authorized by the Board and (ii)
21contains a unique identifying number. No other badge shall be
22authorized by the Board.
23(Source: P.A. 100-1152, eff. 12-14-18.)
 
24    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
25    Sec. 5.1. Disclosure of records.

 

 

10100SB0516ham001- 21 -LRB101 04277 SMS 60324 a

1    (a) Notwithstanding any applicable statutory provision to
2the contrary, the Board shall, on written request from any
3person, provide information furnished by an applicant or
4licensee concerning the applicant or licensee, his products,
5services or gambling enterprises and his business holdings, as
6follows:
7        (1) The name, business address and business telephone
8    number of any applicant or licensee.
9        (2) An identification of any applicant or licensee
10    including, if an applicant or licensee is not an
11    individual, the state of incorporation or registration,
12    the corporate officers, and the identity of all
13    shareholders or participants. If an applicant or licensee
14    has a pending registration statement filed with the
15    Securities and Exchange Commission, only the names of those
16    persons or entities holding interest of 5% or more must be
17    provided.
18        (3) An identification of any business, including, if
19    applicable, the state of incorporation or registration, in
20    which an applicant or licensee or an applicant's or
21    licensee's spouse or children has an equity interest of
22    more than 1%. If an applicant or licensee is a corporation,
23    partnership or other business entity, the applicant or
24    licensee shall identify any other corporation, partnership
25    or business entity in which it has an equity interest of 1%
26    or more, including, if applicable, the state of

 

 

10100SB0516ham001- 22 -LRB101 04277 SMS 60324 a

1    incorporation or registration. This information need not
2    be provided by a corporation, partnership or other business
3    entity that has a pending registration statement filed with
4    the Securities and Exchange Commission.
5        (4) Whether an applicant or licensee has been indicted,
6    convicted, pleaded guilty or nolo contendere, or forfeited
7    bail concerning any criminal offense under the laws of any
8    jurisdiction, either felony or misdemeanor (except for
9    traffic violations), including the date, the name and
10    location of the court, arresting agency and prosecuting
11    agency, the case number, the offense, the disposition and
12    the location and length of incarceration.
13        (5) Whether an applicant or licensee has had any
14    license or certificate issued by a licensing authority in
15    Illinois or any other jurisdiction denied, restricted,
16    suspended, revoked or not renewed and a statement
17    describing the facts and circumstances concerning the
18    denial, restriction, suspension, revocation or
19    non-renewal, including the licensing authority, the date
20    each such action was taken, and the reason for each such
21    action.
22        (6) Whether an applicant or licensee has ever filed or
23    had filed against it a proceeding in bankruptcy or has ever
24    been involved in any formal process to adjust, defer,
25    suspend or otherwise work out the payment of any debt
26    including the date of filing, the name and location of the

 

 

10100SB0516ham001- 23 -LRB101 04277 SMS 60324 a

1    court, the case and number of the disposition.
2        (7) Whether an applicant or licensee has filed, or been
3    served with a complaint or other notice filed with any
4    public body, regarding the delinquency in the payment of,
5    or a dispute over the filings concerning the payment of,
6    any tax required under federal, State or local law,
7    including the amount, type of tax, the taxing agency and
8    time periods involved.
9        (8) A statement listing the names and titles of all
10    public officials or officers of any unit of government, and
11    relatives of said public officials or officers who,
12    directly or indirectly, own any financial interest in, have
13    any beneficial interest in, are the creditors of or hold
14    any debt instrument issued by, or hold or have any interest
15    in any contractual or service relationship with, an
16    applicant or licensee.
17        (9) Whether an applicant or licensee has made, directly
18    or indirectly, any political contribution, or any loans,
19    donations or other payments, to any candidate or office
20    holder, within 5 years from the date of filing the
21    application, including the amount and the method of
22    payment.
23        (10) The name and business telephone number of the
24    counsel representing an applicant or licensee in matters
25    before the Board.
26        (11) A description of any proposed or approved gambling

 

 

10100SB0516ham001- 24 -LRB101 04277 SMS 60324 a

1    riverboat gaming operation, including the type of boat,
2    home dock, or casino or gaming location, expected economic
3    benefit to the community, anticipated or actual number of
4    employees, any statement from an applicant or licensee
5    regarding compliance with federal and State affirmative
6    action guidelines, projected or actual admissions and
7    projected or actual adjusted gross gaming receipts.
8        (12) A description of the product or service to be
9    supplied by an applicant for a supplier's license.
10    (b) Notwithstanding any applicable statutory provision to
11the contrary, the Board shall, on written request from any
12person, also provide the following information:
13        (1) The amount of the wagering tax and admission tax
14    paid daily to the State of Illinois by the holder of an
15    owner's license.
16        (2) Whenever the Board finds an applicant for an
17    owner's license unsuitable for licensing, a copy of the
18    written letter outlining the reasons for the denial.
19        (3) Whenever the Board has refused to grant leave for
20    an applicant to withdraw his application, a copy of the
21    letter outlining the reasons for the refusal.
22    (c) Subject to the above provisions, the Board shall not
23disclose any information which would be barred by:
24        (1) Section 7 of the Freedom of Information Act; or
25        (2) The statutes, rules, regulations or
26    intergovernmental agreements of any jurisdiction.

 

 

10100SB0516ham001- 25 -LRB101 04277 SMS 60324 a

1    (d) The Board may assess fees for the copying of
2information in accordance with Section 6 of the Freedom of
3Information Act.
4(Source: P.A. 96-1392, eff. 1-1-11.)
 
5    (230 ILCS 10/6)  (from Ch. 120, par. 2406)
6    Sec. 6. Application for Owners License.
7    (a) A qualified person may apply to the Board for an owners
8license to conduct a riverboat gambling operation as provided
9in this Act. The application shall be made on forms provided by
10the Board and shall contain such information as the Board
11prescribes, including, but not limited to, the identity of the
12riverboat on which such gambling operation is to be conducted,
13if applicable, and the exact location where such riverboat or
14casino will be located docked, a certification that the
15riverboat will be registered under this Act at all times during
16which gambling operations are conducted on board, detailed
17information regarding the ownership and management of the
18applicant, and detailed personal information regarding the
19applicant. Any application for an owners license to be
20re-issued on or after June 1, 2003 shall also include the
21applicant's license bid in a form prescribed by the Board.
22Information provided on the application shall be used as a
23basis for a thorough background investigation which the Board
24shall conduct with respect to each applicant. An incomplete
25application shall be cause for denial of a license by the

 

 

10100SB0516ham001- 26 -LRB101 04277 SMS 60324 a

1Board.
2    (b) Applicants shall submit with their application all
3documents, resolutions, and letters of support from the
4governing body that represents the municipality or county
5wherein the licensee will be located dock.
6    (c) Each applicant shall disclose the identity of every
7person or entity , association, trust or corporation having a
8greater than 1% direct or indirect pecuniary interest in the
9riverboat gambling operation with respect to which the license
10is sought. If the disclosed entity is a trust, the application
11shall disclose the names and addresses of all the
12beneficiaries; if a corporation, the names and addresses of all
13stockholders and directors; if a partnership, the names and
14addresses of all partners, both general and limited.
15    (d) An application shall be filed and considered in
16accordance with the rules of the Board. Each application shall
17be accompanied by a nonrefundable An application fee of
18$30,000,000. In addition, a nonrefundable fee of $50,000 shall
19be paid at the time of filing to defray the costs associated
20with the background investigation conducted by the Board. If
21the costs of the investigation exceed $50,000, the applicant
22shall pay the additional amount to the Board within 7 days
23after requested by the Board. If the costs of the investigation
24are less than $50,000, the applicant shall receive a refund of
25the remaining amount. All information, records, interviews,
26reports, statements, memoranda or other data supplied to or

 

 

10100SB0516ham001- 27 -LRB101 04277 SMS 60324 a

1used by the Board in the course of its review or investigation
2of an application for a license or a renewal under this Act
3shall be privileged, strictly confidential and shall be used
4only for the purpose of evaluating an applicant for a license
5or a renewal. Such information, records, interviews, reports,
6statements, memoranda or other data shall not be admissible as
7evidence, nor discoverable in any action of any kind in any
8court or before any tribunal, board, agency or person, except
9for any action deemed necessary by the Board.
10    (e) The Board shall charge each applicant a fee set by the
11Department of State Police to defray the costs associated with
12the search and classification of fingerprints obtained by the
13Board with respect to the applicant's application. These fees
14shall be paid into the State Police Services Fund.
15    (f) The licensed owner shall be the person primarily
16responsible for the boat or casino itself. Only one riverboat
17gambling operation may be authorized by the Board on any
18riverboat or in any casino. The applicant must identify the
19each riverboat or premises it intends to use and certify that
20the riverboat or premises: (1) has the authorized capacity
21required in this Act; (2) is accessible to persons with
22disabilities; and (3) is fully registered and licensed in
23accordance with any applicable laws.
24    (g) A person who knowingly makes a false statement on an
25application is guilty of a Class A misdemeanor.
26(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

10100SB0516ham001- 28 -LRB101 04277 SMS 60324 a

1    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
2    Sec. 7. Owners licenses.
3    (a) The Board shall issue owners licenses to persons, firms
4or corporations which apply for such licenses upon payment to
5the Board of the non-refundable license fee set by the Board,
6upon payment of a $25,000 license fee for the first year of
7operation and a $5,000 license fee for each succeeding year and
8upon a determination by the Board that the applicant is
9eligible for an owners license pursuant to this Act and the
10rules of the Board. From the effective date of this amendatory
11Act of the 95th General Assembly until (i) 3 years after the
12effective date of this amendatory Act of the 95th General
13Assembly, (ii) the date any organization licensee begins to
14operate a slot machine or video game of chance under the
15Illinois Horse Racing Act of 1975 or this Act, (iii) the date
16that payments begin under subsection (c-5) of Section 13 of the
17Act, or (iv) the wagering tax imposed under Section 13 of this
18Act is increased by law to reflect a tax rate that is at least
19as stringent or more stringent than the tax rate contained in
20subsection (a-3) of Section 13, whichever occurs first, as a
21condition of licensure and as an alternative source of payment
22for those funds payable under subsection (c-5) of Section 13 of
23the Riverboat Gambling Act, any owners licensee that holds or
24receives its owners license on or after the effective date of
25this amendatory Act of the 94th General Assembly, other than an

 

 

10100SB0516ham001- 29 -LRB101 04277 SMS 60324 a

1owners licensee operating a riverboat with adjusted gross
2receipts in calendar year 2004 of less than $200,000,000, must
3pay into the Horse Racing Equity Trust Fund, in addition to any
4other payments required under this Act, an amount equal to 3%
5of the adjusted gross receipts received by the owners licensee.
6The payments required under this Section shall be made by the
7owners licensee to the State Treasurer no later than 3:00
8o'clock p.m. of the day after the day when the adjusted gross
9receipts were received by the owners licensee. A person, firm
10or entity corporation is ineligible to receive an owners
11license if:
12        (1) the person has been convicted of a felony under the
13    laws of this State, any other state, or the United States;
14        (2) the person has been convicted of any violation of
15    Article 28 of the Criminal Code of 1961 or the Criminal
16    Code of 2012, or substantially similar laws of any other
17    jurisdiction;
18        (3) the person has submitted an application for a
19    license under this Act which contains false information;
20        (4) the person is a member of the Board;
21        (5) a person defined in (1), (2), (3) or (4) is an
22    officer, director or managerial employee of the entity firm
23    or corporation;
24        (6) the entity firm or corporation employs a person
25    defined in (1), (2), (3) or (4) who participates in the
26    management or operation of gambling operations authorized

 

 

10100SB0516ham001- 30 -LRB101 04277 SMS 60324 a

1    under this Act;
2        (7) (blank); or
3        (8) a license of the person or entity , firm or
4    corporation issued under this Act, or a license to own or
5    operate gambling facilities in any other jurisdiction, has
6    been revoked.
7    The Board is expressly prohibited from making changes to
8the requirement that licensees make payment into the Horse
9Racing Equity Trust Fund without the express authority of the
10Illinois General Assembly and making any other rule to
11implement or interpret this amendatory Act of the 95th General
12Assembly. For the purposes of this paragraph, "rules" is given
13the meaning given to that term in Section 1-70 of the Illinois
14Administrative Procedure Act.
15    (b) In determining whether to grant an owners license to an
16applicant, the Board shall consider:
17        (1) the character, reputation, experience and
18    financial integrity of the applicants and of any other or
19    separate person that either:
20            (A) controls, directly or indirectly, such
21        applicant, or
22            (B) is controlled, directly or indirectly, by such
23        applicant or by a person which controls, directly or
24        indirectly, such applicant;
25        (2) the facilities or proposed facilities for the
26    conduct of riverboat gambling;

 

 

10100SB0516ham001- 31 -LRB101 04277 SMS 60324 a

1        (3) the highest prospective total revenue to be derived
2    by the State from the conduct of riverboat gambling;
3        (4) the extent to which the ownership of the applicant
4    reflects the diversity of the State by including minority
5    persons, women, and persons with a disability and the good
6    faith affirmative action plan of each applicant to recruit,
7    train and upgrade minority persons, women, and persons with
8    a disability in all employment classifications;
9        (4.5) the extent to which the ownership of the
10    applicant includes veterans of service in the armed forces
11    of the United States, and the good faith affirmative action
12    plan of each applicant to recruit, train, and upgrade
13    veterans of service in the armed forces of the United
14    States in all employment classifications;
15        (5) the financial ability of the applicant to purchase
16    and maintain adequate liability and casualty insurance;
17        (6) whether the applicant has adequate capitalization
18    to provide and maintain, for the duration of a license, a
19    riverboat or casino;
20        (7) the extent to which the applicant exceeds or meets
21    other standards for the issuance of an owners license which
22    the Board may adopt by rule; and
23        (8) the The amount of the applicant's license bid; .
24        (9) the extent to which the applicant or the proposed
25    host municipality plans to enter into revenue sharing
26    agreements with communities other than the host

 

 

10100SB0516ham001- 32 -LRB101 04277 SMS 60324 a

1    municipality; and
2        (10) the extent to which the ownership of an applicant
3    includes the most qualified number of minority persons,
4    females, and persons with a disability.
5    (c) Each owners license shall specify the place where the
6casino riverboats shall operate or the riverboat shall operate
7and dock.
8    (d) Each applicant shall submit with his application, on
9forms provided by the Board, 2 sets of his fingerprints.
10    (e) The Board may issue up to 10 licenses authorizing the
11holders of such licenses to own riverboats. In the application
12for an owners license, the applicant shall state the dock at
13which the riverboat is based and the water on which the
14riverboat will be located. A riverboat located outside of a
15county with a population of more than 3,000,000 may relocate
16from where it was docked on the effective date of this
17amendatory Act of the 101st General Assembly with approval from
18the Board and with approval from the municipality to which it
19wishes to relocate by ordinance or referendum. The Board shall
20approve relocations based on those plans that provide for the
21least amount of cannibalization of existing licensees'
22revenues generated pursuant to this Act. As used in this
23subsection (e), "cannibalization" means the diversion of
24revenues generated pursuant to this Act from existing licensees
25by an owners licensee authorized to relocate under this
26subsection (e) and by taking into consideration the best

 

 

10100SB0516ham001- 33 -LRB101 04277 SMS 60324 a

1interest of the State. In determining whether cannibalization
2exists, the Board shall also consider the extent to which the
3applicant can attract from market areas of neighboring states.
4A riverboat may not relocate within 25 miles of another
5riverboat's location on the effective date of this amendatory
6Act of the 101st General Assembly unless the riverboat
7relocates to the same municipality as the other riverboat. A
8riverboat located within a county with a population of more
9than 3,000,000 may not relocate. The Board shall issue 5
10licenses to become effective not earlier than January 1, 1991.
11Three of such licenses shall authorize riverboat gambling on
12the Mississippi River, or, with approval by the municipality in
13which the riverboat was docked on August 7, 2003 and with Board
14approval, be authorized to relocate to a new location, in a
15municipality that (1) borders on the Mississippi River or is
16within 5 miles of the city limits of a municipality that
17borders on the Mississippi River and (2), on August 7, 2003,
18had a riverboat conducting riverboat gambling operations
19pursuant to a license issued under this Act; one of which shall
20authorize riverboat gambling from a home dock in the city of
21East St. Louis. One other license shall authorize riverboat
22gambling on the Illinois River south of Marshall County. The
23Board shall issue one additional license to become effective
24not earlier than March 1, 1992, which shall authorize riverboat
25gambling on the Des Plaines River in Will County. The Board may
26issue 4 additional licenses to become effective not earlier

 

 

10100SB0516ham001- 34 -LRB101 04277 SMS 60324 a

1than March 1, 1992. In determining the water upon which
2riverboats will operate, the Board shall consider the economic
3benefit which riverboat gambling confers on the State, and
4shall seek to assure that all regions of the State share in the
5economic benefits of riverboat gambling.
6    In granting all licenses, the Board may give favorable
7consideration to economically depressed areas of the State, to
8applicants presenting plans which provide for significant
9economic development over a large geographic area, and to
10applicants who currently operate non-gambling riverboats in
11Illinois. The Board shall review all applications for owners
12licenses, and shall inform each applicant of the Board's
13decision. The Board may grant an owners license to an applicant
14that has not submitted the highest license bid, but if it does
15not select the highest bidder, the Board shall issue a written
16decision explaining why another applicant was selected and
17identifying the factors set forth in this Section that favored
18the winning bidder. The fee for issuance of a license pursuant
19to this subsection (e) shall be $30,000,000. The fee for
20renewal of a license pursuant to this subsection (e) shall be
21$100,000.
22    In addition to any other revocation powers granted to the
23Board under this Act, the Board may revoke the owners license
24of a licensee which fails to begin conducting gambling within
2515 months of receipt of the Board's approval of the application
26if the Board determines that license revocation is in the best

 

 

10100SB0516ham001- 35 -LRB101 04277 SMS 60324 a

1interests of the State.
2    (f) The first 10 owners licenses issued under this Act
3shall permit the holder to own up to 2 riverboats and equipment
4thereon for a period of 3 years after the effective date of the
5license. Holders of the first 10 owners licenses must pay the
6annual license fee for each of the 3 years during which they
7are authorized to own riverboats.
8    (g) Upon the termination, expiration, or revocation of each
9of the first 10 licenses, which shall be issued for a 3 year
10period, all licenses are renewable annually upon payment of the
11fee and a determination by the Board that the licensee
12continues to meet all of the requirements of this Act and the
13Board's rules. However, for licenses renewed on or after May 1,
141998, renewal shall be for a period of 4 years, unless the
15Board sets a shorter period.
16    (h) An owners license shall entitle the licensee to own up
17to 2 riverboats. A licensee shall limit the number of gambling
18participants to 1,200 for any such owners license. A licensee
19may operate both of its riverboats concurrently, provided that
20the total number of gambling participants on both riverboats
21does not exceed 1,200. Riverboats licensed to operate on the
22Mississippi River and the Illinois River south of Marshall
23County shall have an authorized capacity of at least 500
24persons. Any other riverboat licensed under this Act shall have
25an authorized capacity of at least 400 persons.
26    (i) A licensed owner is authorized to apply to the Board

 

 

10100SB0516ham001- 36 -LRB101 04277 SMS 60324 a

1for and, if approved therefor, to receive all licenses from the
2Board necessary for the operation of a riverboat or casino,
3including a liquor license, a license to prepare and serve food
4for human consumption, and other necessary licenses. All use,
5occupation and excise taxes which apply to the sale of food and
6beverages in this State and all taxes imposed on the sale or
7use of tangible personal property apply to such sales aboard
8the riverboat or in the casino.
9    (j) The Board may issue or re-issue a license authorizing a
10riverboat to dock in a municipality or approve a relocation
11under Section 11.2 only if, prior to the issuance or
12re-issuance of the license or approval, the governing body of
13the municipality in which the riverboat will dock has by a
14majority vote approved the docking of riverboats in the
15municipality. The Board may issue or re-issue a license
16authorizing a riverboat to dock in areas of a county outside
17any municipality or approve a relocation under Section 11.2
18only if, prior to the issuance or re-issuance of the license or
19approval, the governing body of the county has by a majority
20vote approved of the docking of riverboats within such areas.
21    (k) An owners licensee may conduct land-based gambling
22operations upon approval by the Board.
23    (l) An owners licensee may conduct gaming at a temporary
24facility pending the construction of a permanent facility or
25the remodeling or relocation of an existing facility to
26accommodate gaming participants for up to 24 months after the

 

 

10100SB0516ham001- 37 -LRB101 04277 SMS 60324 a

1temporary facility begins to conduct gaming. Upon request by an
2owners licensee and upon a showing of good cause by the owners
3licensee, the Board shall extend the period during which the
4licensee may conduct gaming at a temporary facility by up to 12
5months. The Board shall make rules concerning the conduct of
6gaming from temporary facilities.
7    (m) If a riverboat relocates under subsection (e), the
8municipality to which it relocates shall enter into a revenue
9sharing agreement with the municipality from which it
10relocated.
11    (n) A permanent casino or riverboat built on and after the
12effective date of this amendatory Act of the 101st General
13Assembly shall meet gold or platinum certification from the
14U.S. Green Building Council's Leadership in Energy and
15Environmental Design standards.
16(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18.)
 
17    (230 ILCS 10/7.3)
18    Sec. 7.3. State conduct of gambling operations.
19    (a) If, after reviewing each application for a re-issued
20license, the Board determines that the highest prospective
21total revenue to the State would be derived from State conduct
22of the gambling operation in lieu of re-issuing the license,
23the Board shall inform each applicant of its decision. The
24Board shall thereafter have the authority, without obtaining an
25owners license, to conduct casino or riverboat gambling

 

 

10100SB0516ham001- 38 -LRB101 04277 SMS 60324 a

1operations as previously authorized by the terminated,
2expired, revoked, or nonrenewed license through a licensed
3manager selected pursuant to an open and competitive bidding
4process as set forth in Section 7.5 and as provided in Section
57.4.
6    (b) The Board may locate any casino or riverboat on which a
7gambling operation is conducted by the State in any home dock
8or other location authorized by Section 3(c) upon receipt of
9approval from a majority vote of the governing body of the
10municipality or county, as the case may be, in which the
11riverboat will dock.
12    (c) The Board shall have jurisdiction over and shall
13supervise all gambling operations conducted by the State
14provided for in this Act and shall have all powers necessary
15and proper to fully and effectively execute the provisions of
16this Act relating to gambling operations conducted by the
17State.
18    (d) The maximum number of owners licenses authorized under
19Section 7 7(e) shall be reduced by one for each instance in
20which the Board authorizes the State to conduct a casino or
21riverboat gambling operation under subsection (a) in lieu of
22re-issuing a license to an applicant under Section 7.1.
23(Source: P.A. 93-28, eff. 6-20-03.)
 
24    (230 ILCS 10/8)  (from Ch. 120, par. 2408)
25    Sec. 8. Suppliers licenses.

 

 

10100SB0516ham001- 39 -LRB101 04277 SMS 60324 a

1    (a) The Board may issue a suppliers license to such
2persons, firms or corporations which apply therefor upon the
3payment of a non-refundable application fee set by the Board,
4upon a determination by the Board that the applicant is
5eligible for a suppliers license and upon payment of a $5,000
6annual license fee.
7    (b) The holder of a suppliers license is authorized to sell
8or lease, and to contract to sell or lease, gambling equipment
9and supplies to any licensee involved in the ownership or
10management of gambling operations.
11    (c) Gambling supplies and equipment may not be distributed
12unless supplies and equipment conform to standards adopted by
13rules of the Board.
14    (d) A person, firm or corporation is ineligible to receive
15a suppliers license if:
16        (1) the person has been convicted of a felony under the
17    laws of this State, any other state, or the United States;
18        (2) the person has been convicted of any violation of
19    Article 28 of the Criminal Code of 1961 or the Criminal
20    Code of 2012, or substantially similar laws of any other
21    jurisdiction;
22        (3) the person has submitted an application for a
23    license under this Act which contains false information;
24        (4) the person is a member of the Board;
25        (5) the entity firm or corporation is one in which a
26    person defined in (1), (2), (3) or (4), is an officer,

 

 

10100SB0516ham001- 40 -LRB101 04277 SMS 60324 a

1    director or managerial employee;
2        (6) the firm or corporation employs a person who
3    participates in the management or operation of riverboat
4    gambling authorized under this Act;
5        (7) the license of the person, firm or corporation
6    issued under this Act, or a license to own or operate
7    gambling facilities in any other jurisdiction, has been
8    revoked.
9    (e) Any person that supplies any equipment, devices, or
10supplies to a licensed riverboat gambling operation must first
11obtain a suppliers license. A supplier shall furnish to the
12Board a list of all equipment, devices and supplies offered for
13sale or lease in connection with gambling games authorized
14under this Act. A supplier shall keep books and records for the
15furnishing of equipment, devices and supplies to gambling
16operations separate and distinct from any other business that
17the supplier might operate. A supplier shall file a quarterly
18return with the Board listing all sales and leases. A supplier
19shall permanently affix its name or a distinctive logo or other
20mark or design element identifying the manufacturer or supplier
21to all its equipment, devices, and supplies, except gaming
22chips without a value impressed, engraved, or imprinted on it,
23for gambling operations. The Board may waive this requirement
24for any specific product or products if it determines that the
25requirement is not necessary to protect the integrity of the
26game. Items purchased from a licensed supplier may continue to

 

 

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1be used even though the supplier subsequently changes its name,
2distinctive logo, or other mark or design element; undergoes a
3change in ownership; or ceases to be licensed as a supplier for
4any reason. Any supplier's equipment, devices or supplies which
5are used by any person in an unauthorized gambling operation
6shall be forfeited to the State. A licensed owner may own its
7own equipment, devices and supplies. Each holder of an owners
8license under the Act shall file an annual report listing its
9inventories of gambling equipment, devices and supplies.
10    (f) Any person who knowingly makes a false statement on an
11application is guilty of a Class A misdemeanor.
12    (g) Any gambling equipment, devices and supplies provided
13by any licensed supplier may either be repaired on the
14riverboat or in the casino or removed from the riverboat or
15casino to a an on-shore facility owned by the holder of an
16owners license for repair.
17(Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13;
1898-756, eff. 7-16-14.)
 
19    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
20    Sec. 9. Occupational licenses.
21    (a) The Board may issue an occupational license to an
22applicant upon the payment of a non-refundable fee set by the
23Board, upon a determination by the Board that the applicant is
24eligible for an occupational license and upon payment of an
25annual license fee in an amount to be established. To be

 

 

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1eligible for an occupational license, an applicant must:
2        (1) be at least 21 years of age if the applicant will
3    perform any function involved in gaming by patrons. Any
4    applicant seeking an occupational license for a non-gaming
5    function shall be at least 18 years of age;
6        (2) not have been convicted of a felony offense, a
7    violation of Article 28 of the Criminal Code of 1961 or the
8    Criminal Code of 2012, or a similar statute of any other
9    jurisdiction;
10        (2.5) not have been convicted of a crime, other than a
11    crime described in item (2) of this subsection (a),
12    involving dishonesty or moral turpitude, except that the
13    Board may, in its discretion, issue an occupational license
14    to a person who has been convicted of a crime described in
15    this item (2.5) more than 10 years prior to his or her
16    application and has not subsequently been convicted of any
17    other crime;
18        (3) have demonstrated a level of skill or knowledge
19    which the Board determines to be necessary in order to
20    operate gambling aboard a riverboat or in a casino; and
21        (4) have met standards for the holding of an
22    occupational license as adopted by rules of the Board. Such
23    rules shall provide that any person or entity seeking an
24    occupational license to manage gambling operations
25    hereunder shall be subject to background inquiries and
26    further requirements similar to those required of

 

 

10100SB0516ham001- 43 -LRB101 04277 SMS 60324 a

1    applicants for an owners license. Furthermore, such rules
2    shall provide that each such entity shall be permitted to
3    manage gambling operations for only one licensed owner.
4    (b) Each application for an occupational license shall be
5on forms prescribed by the Board and shall contain all
6information required by the Board. The applicant shall set
7forth in the application: whether he has been issued prior
8gambling related licenses; whether he has been licensed in any
9other state under any other name, and, if so, such name and his
10age; and whether or not a permit or license issued to him in
11any other state has been suspended, restricted or revoked, and,
12if so, for what period of time.
13    (c) Each applicant shall submit with his application, on
14forms provided by the Board, 2 sets of his fingerprints. The
15Board shall charge each applicant a fee set by the Department
16of State Police to defray the costs associated with the search
17and classification of fingerprints obtained by the Board with
18respect to the applicant's application. These fees shall be
19paid into the State Police Services Fund.
20    (d) The Board may in its discretion refuse an occupational
21license to any person: (1) who is unqualified to perform the
22duties required of such applicant; (2) who fails to disclose or
23states falsely any information called for in the application;
24(3) who has been found guilty of a violation of this Act or
25whose prior gambling related license or application therefor
26has been suspended, restricted, revoked or denied for just

 

 

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1cause in any other state; or (4) for any other just cause.
2    (e) The Board may suspend, revoke or restrict any
3occupational licensee: (1) for violation of any provision of
4this Act; (2) for violation of any of the rules and regulations
5of the Board; (3) for any cause which, if known to the Board,
6would have disqualified the applicant from receiving such
7license; or (4) for default in the payment of any obligation or
8debt due to the State of Illinois; or (5) for any other just
9cause.
10    (f) A person who knowingly makes a false statement on an
11application is guilty of a Class A misdemeanor.
12    (g) Any license issued pursuant to this Section shall be
13valid for a period of one year from the date of issuance.
14    (h) Nothing in this Act shall be interpreted to prohibit a
15licensed owner from entering into an agreement with a public
16community college or a school approved under the Private
17Business and Vocational Schools Act of 2012 for the training of
18any occupational licensee. Any training offered by such a
19school shall be in accordance with a written agreement between
20the licensed owner and the school.
21    (i) Any training provided for occupational licensees may be
22conducted either at the site of the gambling facility on the
23riverboat or at a school with which a licensed owner has
24entered into an agreement pursuant to subsection (h).
25(Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12;
2697-1150, eff. 1-25-13.)
 

 

 

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1    (230 ILCS 10/11)  (from Ch. 120, par. 2411)
2    Sec. 11. Conduct of gambling. Gambling may be conducted by
3licensed owners or licensed managers on behalf of the State
4aboard riverboats or at casinos, subject to the following
5standards:
6        (1) A licensee may conduct riverboat gambling
7    authorized under this Act regardless of whether it conducts
8    excursion cruises. A licensee may permit the continuous
9    ingress and egress of patrons passengers on a riverboat not
10    used for excursion cruises for the purpose of gambling.
11    Excursion cruises shall not exceed 4 hours for a round
12    trip. However, the Board may grant express approval for an
13    extended cruise on a case-by-case basis.
14        (2) (Blank).
15        (3) Minimum and maximum wagers on games shall be set by
16    the licensee.
17        (4) Agents of the Board and the Department of State
18    Police may board and inspect any riverboat or enter and
19    inspect any portion of a casino at any time for the purpose
20    of determining whether this Act is being complied with.
21    Every riverboat, if under way and being hailed by a law
22    enforcement officer or agent of the Board, must stop
23    immediately and lay to.
24        (5) Employees of the Board shall have the right to be
25    present on the riverboat or in the casino or on adjacent

 

 

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1    facilities under the control of the licensee.
2        (6) Gambling equipment and supplies customarily used
3    in conducting riverboat gambling must be purchased or
4    leased only from suppliers licensed for such purpose under
5    this Act. The Board may approve the transfer, sale, or
6    lease of gambling equipment and supplies by a licensed
7    owner from or to an affiliate of the licensed owner as long
8    as the gambling equipment and supplies were initially
9    acquired from a supplier licensed in Illinois.
10        (7) Persons licensed under this Act shall permit no
11    form of wagering on gambling games except as permitted by
12    this Act.
13        (8) Wagers may be received only from a person present
14    on a licensed riverboat or in a casino. No person present
15    on a licensed riverboat or in a casino shall place or
16    attempt to place a wager on behalf of another person who is
17    not present on the riverboat or in a casino.
18        (9) Wagering shall not be conducted with money or other
19    negotiable currency.
20        (10) A person under age 21 shall not be permitted on an
21    area of a riverboat or casino where gambling is being
22    conducted, except for a person at least 18 years of age who
23    is an employee of the riverboat or casino gambling
24    operation. No employee under age 21 shall perform any
25    function involved in gambling by the patrons. No person
26    under age 21 shall be permitted to make a wager under this

 

 

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1    Act, and any winnings that are a result of a wager by a
2    person under age 21, whether or not paid by a licensee,
3    shall be treated as winnings for the privilege tax
4    purposes, confiscated, and forfeited to the State and
5    deposited into the Education Assistance Fund.
6        (11) Gambling excursion cruises are permitted only
7    when the waterway for which the riverboat is licensed is
8    navigable, as determined by the Board in consultation with
9    the U.S. Army Corps of Engineers. This paragraph (11) does
10    not limit the ability of a licensee to conduct gambling
11    authorized under this Act when gambling excursion cruises
12    are not permitted.
13        (12) All tokens, chips or electronic cards used to make
14    wagers must be purchased (i) from a licensed owner or
15    manager, in the case of a riverboat, either aboard a
16    riverboat or at an onshore facility which has been approved
17    by the Board and which is located where the riverboat docks
18    or (ii) in the case of a casino, from a licensed owner at
19    the casino. The tokens, chips or electronic cards may be
20    purchased by means of an agreement under which the owner or
21    manager extends credit to the patron. Such tokens, chips or
22    electronic cards may be used while aboard the riverboat or
23    in the casino only for the purpose of making wagers on
24    gambling games.
25        (13) Notwithstanding any other Section of this Act, in
26    addition to the other licenses authorized under this Act,

 

 

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1    the Board may issue special event licenses allowing persons
2    who are not otherwise licensed to conduct riverboat
3    gambling to conduct such gambling on a specified date or
4    series of dates. Riverboat gambling under such a license
5    may take place on a riverboat not normally used for
6    riverboat gambling. The Board shall establish standards,
7    fees and fines for, and limitations upon, such licenses,
8    which may differ from the standards, fees, fines and
9    limitations otherwise applicable under this Act. All such
10    fees shall be deposited into the State Gaming Fund. All
11    such fines shall be deposited into the Education Assistance
12    Fund, created by Public Act 86-0018, of the State of
13    Illinois.
14        (14) In addition to the above, gambling must be
15    conducted in accordance with all rules adopted by the
16    Board.
17(Source: P.A. 96-1392, eff. 1-1-11.)
 
18    (230 ILCS 10/11.1)  (from Ch. 120, par. 2411.1)
19    Sec. 11.1. Collection of amounts owing under credit
20agreements. Notwithstanding any applicable statutory provision
21to the contrary, a licensed owner or manager who extends credit
22to a riverboat gambling patron pursuant to paragraph (12) of
23Section 11 Section 11 (a) (12) of this Act is expressly
24authorized to institute a cause of action to collect any
25amounts due and owing under the extension of credit, as well as

 

 

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1the owner's or manager's costs, expenses and reasonable
2attorney's fees incurred in collection.
3(Source: P.A. 93-28, eff. 6-20-03.)
 
4    (230 ILCS 10/11.3 new)
5    Sec. 11.3. Gaming positions for games utilizing electronic
6gaming devices. Positions for games utilizing electronic
7gaming devices, as defined by rule, shall be 40% of the total
8number of devices available for play.
 
9    (230 ILCS 10/12)  (from Ch. 120, par. 2412)
10    Sec. 12. Admission tax; fees.
11    (a) A tax is hereby imposed upon admissions to riverboat
12and casino gambling facilities riverboats operated by licensed
13owners authorized pursuant to this Act. Until July 1, 2002, the
14rate is $2 per person admitted. From July 1, 2002 until July 1,
152003, the rate is $3 per person admitted. From July 1, 2003
16until August 23, 2005 (the effective date of Public Act
1794-673), for a licensee that admitted 1,000,000 persons or
18fewer in the previous calendar year, the rate is $3 per person
19admitted; for a licensee that admitted more than 1,000,000 but
20no more than 2,300,000 persons in the previous calendar year,
21the rate is $4 per person admitted; and for a licensee that
22admitted more than 2,300,000 persons in the previous calendar
23year, the rate is $5 per person admitted. Beginning on August
2423, 2005 (the effective date of Public Act 94-673), for a

 

 

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1licensee that admitted 1,000,000 persons or fewer in calendar
2year 2004, the rate is $2 per person admitted, and for all
3other licensees, including licensees that were not conducting
4gambling operations in 2004, the rate is $3 per person
5admitted. This admission tax is imposed upon the licensed owner
6conducting gambling.
7        (1) The admission tax shall be paid for each admission,
8    except that a person who exits a riverboat gambling
9    facility and reenters that riverboat gambling facility
10    within the same gaming day shall be subject only to the
11    initial admission tax.
12        (2) (Blank).
13        (3) The riverboat licensee may issue tax-free passes to
14    actual and necessary officials and employees of the
15    licensee or other persons actually working on the
16    riverboat.
17        (4) The number and issuance of tax-free passes is
18    subject to the rules of the Board, and a list of all
19    persons to whom the tax-free passes are issued shall be
20    filed with the Board.
21    (a-5) A fee is hereby imposed upon admissions operated by
22licensed managers on behalf of the State pursuant to Section
237.3 at the rates provided in this subsection (a-5). For a
24licensee that admitted 1,000,000 persons or fewer in the
25previous calendar year, the rate is $3 per person admitted; for
26a licensee that admitted more than 1,000,000 but no more than

 

 

10100SB0516ham001- 51 -LRB101 04277 SMS 60324 a

12,300,000 persons in the previous calendar year, the rate is $4
2per person admitted; and for a licensee that admitted more than
32,300,000 persons in the previous calendar year, the rate is $5
4per person admitted.
5        (1) The admission fee shall be paid for each admission.
6        (2) (Blank).
7        (3) The licensed manager may issue fee-free passes to
8    actual and necessary officials and employees of the manager
9    or other persons actually working on the riverboat.
10        (4) The number and issuance of fee-free passes is
11    subject to the rules of the Board, and a list of all
12    persons to whom the fee-free passes are issued shall be
13    filed with the Board.
14    (b) From the tax imposed under subsection (a) and the fee
15imposed under subsection (a-5), a municipality shall receive
16from the State $1 for each person embarking on a riverboat
17docked within the municipality or entering a casino located
18within the municipality, and a county shall receive $1 for each
19person entering a casino or embarking on a riverboat docked
20within the county but outside the boundaries of any
21municipality. The municipality's or county's share shall be
22collected by the Board on behalf of the State and remitted
23quarterly by the State, subject to appropriation, to the
24treasurer of the unit of local government for deposit in the
25general fund.
26    (c) The licensed owner shall pay the entire admission tax

 

 

10100SB0516ham001- 52 -LRB101 04277 SMS 60324 a

1to the Board and the licensed manager shall pay the entire
2admission fee to the Board. Such payments shall be made daily.
3Accompanying each payment shall be a return on forms provided
4by the Board which shall include other information regarding
5admissions as the Board may require. Failure to submit either
6the payment or the return within the specified time may result
7in suspension or revocation of the owners or managers license.
8    (d) The Board shall administer and collect the admission
9tax imposed by this Section, to the extent practicable, in a
10manner consistent with the provisions of Sections 4, 5, 5a, 5b,
115c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
12Retailers' Occupation Tax Act and Section 3-7 of the Uniform
13Penalty and Interest Act.
14(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
 
15    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
16    Sec. 13. Wagering tax; rate; distribution.
17    (a) Until January 1, 1998, a tax is imposed on the adjusted
18gross receipts received from gambling games authorized under
19this Act at the rate of 20%.
20    (a-1) From January 1, 1998 until July 1, 2002, a privilege
21tax is imposed on persons engaged in the business of conducting
22riverboat gambling operations, based on the adjusted gross
23receipts received by a licensed owner from gambling games
24authorized under this Act at the following rates:
25        15% of annual adjusted gross receipts up to and

 

 

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1    including $25,000,000;
2        20% of annual adjusted gross receipts in excess of
3    $25,000,000 but not exceeding $50,000,000;
4        25% of annual adjusted gross receipts in excess of
5    $50,000,000 but not exceeding $75,000,000;
6        30% of annual adjusted gross receipts in excess of
7    $75,000,000 but not exceeding $100,000,000;
8        35% of annual adjusted gross receipts in excess of
9    $100,000,000.
10    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
11is imposed on persons engaged in the business of conducting
12riverboat gambling operations, other than licensed managers
13conducting riverboat gambling operations on behalf of the
14State, based on the adjusted gross receipts received by a
15licensed owner from gambling games authorized under this Act at
16the following rates:
17        15% of annual adjusted gross receipts up to and
18    including $25,000,000;
19        22.5% of annual adjusted gross receipts in excess of
20    $25,000,000 but not exceeding $50,000,000;
21        27.5% of annual adjusted gross receipts in excess of
22    $50,000,000 but not exceeding $75,000,000;
23        32.5% of annual adjusted gross receipts in excess of
24    $75,000,000 but not exceeding $100,000,000;
25        37.5% of annual adjusted gross receipts in excess of
26    $100,000,000 but not exceeding $150,000,000;

 

 

10100SB0516ham001- 54 -LRB101 04277 SMS 60324 a

1        45% of annual adjusted gross receipts in excess of
2    $150,000,000 but not exceeding $200,000,000;
3        50% of annual adjusted gross receipts in excess of
4    $200,000,000.
5    (a-3) Beginning July 1, 2003, a privilege tax is imposed on
6persons engaged in the business of conducting riverboat
7gambling operations, other than licensed managers conducting
8riverboat gambling operations on behalf of the State, based on
9the adjusted gross receipts received by a licensed owner from
10gambling games authorized under this Act at the following
11rates:
12        15% of annual adjusted gross receipts up to and
13    including $25,000,000;
14        27.5% of annual adjusted gross receipts in excess of
15    $25,000,000 but not exceeding $37,500,000;
16        32.5% of annual adjusted gross receipts in excess of
17    $37,500,000 but not exceeding $50,000,000;
18        37.5% of annual adjusted gross receipts in excess of
19    $50,000,000 but not exceeding $75,000,000;
20        45% of annual adjusted gross receipts in excess of
21    $75,000,000 but not exceeding $100,000,000;
22        50% of annual adjusted gross receipts in excess of
23    $100,000,000 but not exceeding $250,000,000;
24        70% of annual adjusted gross receipts in excess of
25    $250,000,000.
26    An amount equal to the amount of wagering taxes collected

 

 

10100SB0516ham001- 55 -LRB101 04277 SMS 60324 a

1under this subsection (a-3) that are in addition to the amount
2of wagering taxes that would have been collected if the
3wagering tax rates under subsection (a-2) were in effect shall
4be paid into the Common School Fund.
5    The privilege tax imposed under this subsection (a-3) shall
6no longer be imposed beginning on the earlier of (i) July 1,
72005; (ii) the first date after June 20, 2003 that riverboat
8gambling operations are conducted pursuant to a dormant
9license; or (iii) the first day that riverboat gambling
10operations are conducted under the authority of an owners
11license that is in addition to the 10 owners licenses initially
12authorized under this Act. For the purposes of this subsection
13(a-3), the term "dormant license" means an owners license that
14is authorized by this Act under which no riverboat gambling
15operations are being conducted on June 20, 2003.
16    (a-4) Beginning on the first day on which the tax imposed
17under subsection (a-3) is no longer imposed, a privilege tax is
18imposed on persons engaged in the business of conducting
19riverboat gambling operations, other than licensed managers
20conducting riverboat gambling operations on behalf of the
21State, based on the adjusted gross receipts received by a
22licensed owner from gambling games authorized under this Act at
23the following rates:
24        15% of annual adjusted gross receipts up to and
25    including $25,000,000;
26        22.5% of annual adjusted gross receipts in excess of

 

 

10100SB0516ham001- 56 -LRB101 04277 SMS 60324 a

1    $25,000,000 but not exceeding $50,000,000;
2        27.5% of annual adjusted gross receipts in excess of
3    $50,000,000 but not exceeding $75,000,000;
4        32.5% of annual adjusted gross receipts in excess of
5    $75,000,000 but not exceeding $100,000,000;
6        37.5% of annual adjusted gross receipts in excess of
7    $100,000,000 but not exceeding $150,000,000;
8        45% of annual adjusted gross receipts in excess of
9    $150,000,000 but not exceeding $200,000,000;
10        50% of annual adjusted gross receipts in excess of
11    $200,000,000.
12    (a-8) Riverboat gambling operations conducted by a
13licensed manager on behalf of the State are not subject to the
14tax imposed under this Section.
15    (a-10) The taxes imposed by this Section shall be paid by
16the licensed owner to the Board not later than 5:00 o'clock
17p.m. of the day after the day when the wagers were made.
18    (a-15) If the privilege tax imposed under subsection (a-3)
19is no longer imposed pursuant to item (i) of the last paragraph
20of subsection (a-3), then by June 15 of each year, each owners
21licensee, other than an owners licensee that admitted 1,000,000
22persons or fewer in calendar year 2004, must, in addition to
23the payment of all amounts otherwise due under this Section,
24pay to the Board a reconciliation payment in the amount, if
25any, by which the licensed owner's base amount exceeds the
26amount of net privilege tax paid by the licensed owner to the

 

 

10100SB0516ham001- 57 -LRB101 04277 SMS 60324 a

1Board in the then current State fiscal year. A licensed owner's
2net privilege tax obligation due for the balance of the State
3fiscal year shall be reduced up to the total of the amount paid
4by the licensed owner in its June 15 reconciliation payment.
5The obligation imposed by this subsection (a-15) is binding on
6any person, firm, corporation, or other entity that acquires an
7ownership interest in any such owners license. The obligation
8imposed under this subsection (a-15) terminates on the earliest
9of: (i) July 1, 2007, (ii) the first day after the effective
10date of this amendatory Act of the 94th General Assembly that
11riverboat gambling operations are conducted pursuant to a
12dormant license, (iii) the first day that riverboat gambling
13operations are conducted under the authority of an owners
14license that is in addition to the 10 owners licenses initially
15authorized under this Act, or (iv) the first day that a
16licensee under the Illinois Horse Racing Act of 1975 conducts
17gaming operations with slot machines or other electronic gaming
18devices. The Board must reduce the obligation imposed under
19this subsection (a-15) by an amount the Board deems reasonable
20for any of the following reasons: (A) an act or acts of God,
21(B) an act of bioterrorism or terrorism or a bioterrorism or
22terrorism threat that was investigated by a law enforcement
23agency, or (C) a condition beyond the control of the owners
24licensee that does not result from any act or omission by the
25owners licensee or any of its agents and that poses a hazardous
26threat to the health and safety of patrons. If an owners

 

 

10100SB0516ham001- 58 -LRB101 04277 SMS 60324 a

1licensee pays an amount in excess of its liability under this
2Section, the Board shall apply the overpayment to future
3payments required under this Section.
4    For purposes of this subsection (a-15):
5    "Act of God" means an incident caused by the operation of
6an extraordinary force that cannot be foreseen, that cannot be
7avoided by the exercise of due care, and for which no person
8can be held liable.
9    "Base amount" means the following:
10        For a riverboat in Alton, $31,000,000.
11        For a riverboat in East Peoria, $43,000,000.
12        For the Empress riverboat in Joliet, $86,000,000.
13        For a riverboat in Metropolis, $45,000,000.
14        For the Harrah's riverboat in Joliet, $114,000,000.
15        For a riverboat in Aurora, $86,000,000.
16        For a riverboat in East St. Louis, $48,500,000.
17        For a riverboat in Elgin, $198,000,000.
18    "Dormant license" has the meaning ascribed to it in
19subsection (a-3).
20    "Net privilege tax" means all privilege taxes paid by a
21licensed owner to the Board under this Section, less all
22payments made from the State Gaming Fund pursuant to subsection
23(b) of this Section.
24    The changes made to this subsection (a-15) by Public Act
2594-839 are intended to restate and clarify the intent of Public
26Act 94-673 with respect to the amount of the payments required

 

 

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1to be made under this subsection by an owners licensee to the
2Board.
3    (b) Until January 1, 1998, 25% of the tax revenue deposited
4in the State Gaming Fund under this Section shall be paid,
5subject to appropriation by the General Assembly, to the unit
6of local government which is designated as the home dock of the
7riverboat. Beginning January 1, 1998, from the tax revenue from
8riverboat or casino gambling deposited in the State Gaming Fund
9under this Section, an amount equal to 5% of adjusted gross
10receipts generated by a riverboat or a casino shall be paid
11monthly, subject to appropriation by the General Assembly, to
12the unit of local government in which the casino is located or
13that is designated as the home dock of the riverboat. From the
14tax revenue deposited in the State Gaming Fund pursuant to
15riverboat or casino gambling operations conducted by a licensed
16manager on behalf of the State, an amount equal to 5% of
17adjusted gross receipts generated pursuant to those riverboat
18or casino gambling operations shall be paid monthly, subject to
19appropriation by the General Assembly, to the unit of local
20government that is designated as the home dock of the riverboat
21upon which those riverboat gambling operations are conducted or
22in which the casino is located.
23    (c) Appropriations, as approved by the General Assembly,
24may be made from the State Gaming Fund to the Board (i) for the
25administration and enforcement of this Act and the Video Gaming
26Act, (ii) for distribution to the Department of State Police

 

 

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1and to the Department of Revenue for the enforcement of this
2Act, and (iii) to the Department of Human Services for the
3administration of programs to treat problem gambling.
4    (c-5) Before May 26, 2006 (the effective date of Public Act
594-804) and beginning on the effective date of this amendatory
6Act of the 95th General Assembly, unless any organization
7licensee under the Illinois Horse Racing Act of 1975 begins to
8operate a slot machine or video game of chance under the
9Illinois Horse Racing Act of 1975 or this Act, after the
10payments required under subsections (b) and (c) have been made,
11an amount equal to 15% of the adjusted gross receipts of (1) an
12owners licensee that relocates pursuant to Section 11.2, (2) an
13owners licensee conducting riverboat gambling operations
14pursuant to an owners license that is initially issued after
15June 25, 1999, or (3) the first riverboat gambling operations
16conducted by a licensed manager on behalf of the State under
17Section 7.3, whichever comes first, shall be paid from the
18State Gaming Fund into the Horse Racing Equity Fund.
19    (c-10) Each year the General Assembly shall appropriate
20from the General Revenue Fund to the Education Assistance Fund
21an amount equal to the amount paid into the Horse Racing Equity
22Fund pursuant to subsection (c-5) in the prior calendar year.
23    (c-15) After the payments required under subsections (b),
24(c), and (c-5) have been made, an amount equal to 2% of the
25adjusted gross receipts of (1) an owners licensee that
26relocates pursuant to Section 11.2, (2) an owners licensee

 

 

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1conducting riverboat gambling operations pursuant to an owners
2license that is initially issued after June 25, 1999, or (3)
3the first riverboat gambling operations conducted by a licensed
4manager on behalf of the State under Section 7.3, whichever
5comes first, shall be paid, subject to appropriation from the
6General Assembly, from the State Gaming Fund to each home rule
7county with a population of over 3,000,000 inhabitants for the
8purpose of enhancing the county's criminal justice system.
9    (c-20) Each year the General Assembly shall appropriate
10from the General Revenue Fund to the Education Assistance Fund
11an amount equal to the amount paid to each home rule county
12with a population of over 3,000,000 inhabitants pursuant to
13subsection (c-15) in the prior calendar year.
14    (c-25) On July 1, 2013 and each July 1 thereafter,
15$1,600,000 shall be transferred from the State Gaming Fund to
16the Chicago State University Education Improvement Fund.
17    (c-30) On July 1, 2013 or as soon as possible thereafter,
18$92,000,000 shall be transferred from the State Gaming Fund to
19the School Infrastructure Fund and $23,000,000 shall be
20transferred from the State Gaming Fund to the Horse Racing
21Equity Fund.
22    (c-35) Beginning on July 1, 2013, in addition to any amount
23transferred under subsection (c-30) of this Section,
24$5,530,000 shall be transferred monthly from the State Gaming
25Fund to the School Infrastructure Fund.
26    (d) From time to time, the Board shall transfer the

 

 

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1remainder of the funds generated by this Act into the Education
2Assistance Fund, created by Public Act 86-0018, of the State of
3Illinois.
4    (e) Nothing in this Act shall prohibit the unit of local
5government designated as the home dock of the riverboat from
6entering into agreements with other units of local government
7in this State or in other states to share its portion of the
8tax revenue.
9    (f) To the extent practicable, the Board shall administer
10and collect the wagering taxes imposed by this Section in a
11manner consistent with the provisions of Sections 4, 5, 5a, 5b,
125c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
13Retailers' Occupation Tax Act and Section 3-7 of the Uniform
14Penalty and Interest Act.
15(Source: P.A. 98-18, eff. 6-7-13.)
 
16    (230 ILCS 10/18)  (from Ch. 120, par. 2418)
17    Sec. 18. Prohibited Activities - Penalty.
18    (a) A person is guilty of a Class A misdemeanor for doing
19any of the following:
20        (1) Conducting gambling where wagering is used or to be
21    used without a license issued by the Board.
22        (2) Conducting gambling where wagering is permitted
23    other than in the manner specified by Section 11.
24    (b) A person is guilty of a Class B misdemeanor for doing
25any of the following:

 

 

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1        (1) permitting a person under 21 years to make a wager;
2    or
3        (2) violating paragraph (12) of subsection (a) of
4    Section 11 of this Act.
5    (c) A person wagering or accepting a wager at any location
6outside the riverboat or casino is subject to the penalties in
7paragraphs (1) or (2) of subsection (a) of Section 28-1 of the
8Criminal Code of 2012.
9    (d) A person commits a Class 4 felony and, in addition,
10shall be barred for life from gambling operations riverboats
11under the jurisdiction of the Board, if the person does any of
12the following:
13        (1) Offers, promises, or gives anything of value or
14    benefit to a person who is connected with a riverboat or
15    casino owner including, but not limited to, an officer or
16    employee of a licensed owner or holder of an occupational
17    license pursuant to an agreement or arrangement or with the
18    intent that the promise or thing of value or benefit will
19    influence the actions of the person to whom the offer,
20    promise, or gift was made in order to affect or attempt to
21    affect the outcome of a gambling game, or to influence
22    official action of a member of the Board.
23        (2) Solicits or knowingly accepts or receives a promise
24    of anything of value or benefit while the person is
25    connected with a riverboat or casino including, but not
26    limited to, an officer or employee of a licensed owner, or

 

 

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1    holder of an occupational license, pursuant to an
2    understanding or arrangement or with the intent that the
3    promise or thing of value or benefit will influence the
4    actions of the person to affect or attempt to affect the
5    outcome of a gambling game, or to influence official action
6    of a member of the Board.
7        (3) Uses or possesses with the intent to use a device
8    to assist:
9            (i) In projecting the outcome of the game.
10            (ii) In keeping track of the cards played.
11            (iii) In analyzing the probability of the
12        occurrence of an event relating to the gambling game.
13            (iv) In analyzing the strategy for playing or
14        betting to be used in the game except as permitted by
15        the Board.
16        (4) Cheats at a gambling game.
17        (5) Manufactures, sells, or distributes any cards,
18    chips, dice, game or device which is intended to be used to
19    violate any provision of this Act.
20        (6) Alters or misrepresents the outcome of a gambling
21    game on which wagers have been made after the outcome is
22    made sure but before it is revealed to the players.
23        (7) Places a bet after acquiring knowledge, not
24    available to all players, of the outcome of the gambling
25    game which is subject of the bet or to aid a person in
26    acquiring the knowledge for the purpose of placing a bet

 

 

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1    contingent on that outcome.
2        (8) Claims, collects, or takes, or attempts to claim,
3    collect, or take, money or anything of value in or from the
4    gambling games, with intent to defraud, without having made
5    a wager contingent on winning a gambling game, or claims,
6    collects, or takes an amount of money or thing of value of
7    greater value than the amount won.
8        (9) Uses counterfeit chips or tokens in a gambling
9    game.
10        (10) Possesses any key or device designed for the
11    purpose of opening, entering, or affecting the operation of
12    a gambling game, drop box, or an electronic or mechanical
13    device connected with the gambling game or for removing
14    coins, tokens, chips or other contents of a gambling game.
15    This paragraph (10) does not apply to a gambling licensee
16    or employee of a gambling licensee acting in furtherance of
17    the employee's employment.
18    (e) The possession of more than one of the devices
19described in subsection (d), paragraphs (3), (5), or (10)
20permits a rebuttable presumption that the possessor intended to
21use the devices for cheating.
22    (f) A person under the age of 21 who, except as authorized
23under paragraph (10) of Section 11, enters upon a riverboat or
24in a casino commits a petty offense and is subject to a fine of
25not less than $100 or more than $250 for a first offense and of
26not less than $200 or more than $500 for a second or subsequent

 

 

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1offense.
2    An action to prosecute any crime occurring on a riverboat
3shall be tried in the county of the dock at which the riverboat
4is based. An action to prosecute any crime occurring in a
5casino shall be tried in the county in which the casino is
6located.
7(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
 
8    (230 ILCS 10/18.1)
9    Sec. 18.1. Distribution of certain fines. If a fine is
10imposed on an owner licensee for knowingly sending marketing or
11promotional materials to any person placed on the
12self-exclusion list, then the Board shall distribute an amount
13equal to 15% of the fine imposed to the unit of local
14government in which the casino or riverboat is located for the
15purpose of awarding grants to non-profit entities that assist
16gambling addicts.
17(Source: P.A. 96-224, eff. 8-11-09.)
 
18    (230 ILCS 10/19)  (from Ch. 120, par. 2419)
19    Sec. 19. Forfeiture of property.
20    (a) Except as provided in subsection (b), any riverboat or
21casino used for the conduct of gambling games in violation of
22this Act shall be considered a gambling place in violation of
23Section 28-3 of the Criminal Code of 2012. Every gambling
24device found on a riverboat or in a casino operating gambling

 

 

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1games in violation of this Act shall be subject to seizure,
2confiscation and destruction as provided in Section 28-5 of the
3Criminal Code of 2012.
4    (b) It is not a violation of this Act for a riverboat or
5other watercraft which is licensed for gaming by a contiguous
6state to dock on the shores of this State if the municipality
7having jurisdiction of the shores, or the county in the case of
8unincorporated areas, has granted permission for docking and no
9gaming is conducted on the riverboat or other watercraft while
10it is docked on the shores of this State. No gambling device
11shall be subject to seizure, confiscation or destruction if the
12gambling device is located on a riverboat or other watercraft
13which is licensed for gaming by a contiguous state and which is
14docked on the shores of this State if the municipality having
15jurisdiction of the shores, or the county in the case of
16unincorporated areas, has granted permission for docking and no
17gaming is conducted on the riverboat or other watercraft while
18it is docked on the shores of this State.
19(Source: P.A. 97-1150, eff. 1-25-13.)
 
20    (230 ILCS 10/20)  (from Ch. 120, par. 2420)
21    Sec. 20. Prohibited activities - civil penalties. Any
22person who conducts a gambling operation without first
23obtaining a license to do so, or who continues to conduct such
24games after revocation of his license, or any licensee who
25conducts or allows to be conducted any unauthorized gambling

 

 

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1games on a riverboat or in a casino where it is authorized to
2conduct its riverboat gambling operation, in addition to other
3penalties provided, shall be subject to a civil penalty equal
4to the amount of gross receipts derived from wagering on the
5gambling games, whether unauthorized or authorized, conducted
6on that day as well as confiscation and forfeiture of all
7gambling game equipment used in the conduct of unauthorized
8gambling games.
9(Source: P.A. 86-1029.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".