Illinois General Assembly - Full Text of SB1360
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Full Text of SB1360  102nd General Assembly

SB1360eng 102ND GENERAL ASSEMBLY



 


 
SB1360 EngrossedLRB102 11132 SMS 16464 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Gambling Act is amended by
5changing Sections 6 and 7 as follows:
 
6    (230 ILCS 10/6)  (from Ch. 120, par. 2406)
7    Sec. 6. Application for owners license.
8    (a) A qualified person may apply to the Board for an owners
9license to conduct a gambling operation as provided in this
10Act. The application shall be made on forms provided by the
11Board and shall contain such information as the Board
12prescribes, including but not limited to the identity of the
13riverboat on which such gambling operation is to be conducted,
14if applicable, and the exact location where such riverboat or
15casino will be located, a certification that the riverboat
16will be registered under this Act at all times during which
17gambling operations are conducted on board, detailed
18information regarding the ownership and management of the
19applicant, and detailed personal information regarding the
20applicant. Any application for an owners license to be
21re-issued on or after June 1, 2003 shall also include the
22applicant's license bid in a form prescribed by the Board.
23Information provided on the application shall be used as a

 

 

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1basis for a thorough background investigation which the Board
2shall conduct with respect to each applicant. An incomplete
3application shall be cause for denial of a license by the
4Board.
5    (a-5) In addition to any other information required under
6this Section, each application for an owners license must
7include the following information:
8        (1) The history and success of the applicant and each
9    person and entity disclosed under subsection (c) of this
10    Section in developing tourism facilities ancillary to
11    gaming, if applicable.
12        (2) The likelihood that granting a license to the
13    applicant will lead to the creation of quality, living
14    wage jobs and permanent, full-time jobs for residents of
15    the State and residents of the unit of local government
16    that is designated as the home dock of the proposed
17    facility where gambling is to be conducted by the
18    applicant.
19        (3) The projected number of jobs that would be created
20    if the license is granted and the projected number of new
21    employees at the proposed facility where gambling is to be
22    conducted by the applicant.
23        (4) The record, if any, of the applicant and its
24    developer in meeting commitments to local agencies,
25    community-based organizations, and employees at other
26    locations where the applicant or its developer has

 

 

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1    performed similar functions as they would perform if the
2    applicant were granted a license.
3        (5) Identification of adverse effects that might be
4    caused by the proposed facility where gambling is to be
5    conducted by the applicant, including the costs of meeting
6    increased demand for public health care, child care,
7    public transportation, affordable housing, and social
8    services, and a plan to mitigate those adverse effects.
9        (6) The record, if any, of the applicant and its
10    developer regarding compliance with:
11            (A) federal, state, and local discrimination, wage
12        and hour, disability, and occupational and
13        environmental health and safety laws; and
14            (B) state and local labor relations and employment
15        laws.
16        (7) The applicant's record, if any, in dealing with
17    its employees and their representatives at other
18    locations.
19        (8) A plan concerning the utilization of
20    minority-owned and women-owned businesses and concerning
21    the hiring of minorities and women.
22        (9) Evidence the applicant used its best efforts to
23    reach a goal of 25% ownership representation by minority
24    persons and 5% ownership representation by women.
25        (10) Evidence the applicant has entered into a
26    construction project labor agreement that includes

 

 

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1    provisions establishing wages, benefits, and other
2    compensation for employees performing work under the
3    project labor agreement at that location and a commitment
4    to pay a prevailing wage for employees who are engaged in
5    construction. The project labor agreements must conform to
6    the requirements contained in Sections 20 and 25 of the
7    Project Labor Agreements Act. For any pending application
8    before the Board on the effective date of this amendatory
9    Act of the 102nd General Assembly, the applicant shall
10    submit evidence complying with this paragraph within 30
11    days after the effective date of this amendatory Act of
12    the 102nd General Assembly. The Board shall not award any
13    pending applications until the applicant has submitted
14    this information.
15    (b) Applicants shall submit with their application all
16documents, resolutions, and letters of support from the
17governing body that represents the municipality or county
18wherein the licensee will be located.
19    (c) Each applicant shall disclose the identity of every
20person or entity having a greater than 1% direct or indirect
21pecuniary interest in the gambling operation with respect to
22which the license is sought. If the disclosed entity is a
23trust, the application shall disclose the names and addresses
24of all beneficiaries; if a corporation, the names and
25addresses of all stockholders and directors; if a partnership,
26the names and addresses of all partners, both general and

 

 

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1limited.
2    (d) An application shall be filed and considered in
3accordance with the rules of the Board. Each application shall
4be accompanied by a nonrefundable application fee of $250,000.
5In addition, a nonrefundable fee of $50,000 shall be paid at
6the time of filing to defray the costs associated with the
7background investigation conducted by the Board. If the costs
8of the investigation exceed $50,000, the applicant shall pay
9the additional amount to the Board within 7 days after
10requested by the Board. If the costs of the investigation are
11less than $50,000, the applicant shall receive a refund of the
12remaining amount. All information, records, interviews,
13reports, statements, memoranda or other data supplied to or
14used by the Board in the course of its review or investigation
15of an application for a license or a renewal under this Act
16shall be privileged, strictly confidential and shall be used
17only for the purpose of evaluating an applicant for a license
18or a renewal. Such information, records, interviews, reports,
19statements, memoranda or other data shall not be admissible as
20evidence, nor discoverable in any action of any kind in any
21court or before any tribunal, board, agency or person, except
22for any action deemed necessary by the Board. The application
23fee shall be deposited into the State Gaming Fund.
24    (e) The Board shall charge each applicant a fee set by the
25Department of State Police to defray the costs associated with
26the search and classification of fingerprints obtained by the

 

 

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1Board with respect to the applicant's application. These fees
2shall be paid into the State Police Services Fund. In order to
3expedite the application process, the Board may establish
4rules allowing applicants to acquire criminal background
5checks and financial integrity reviews as part of the initial
6application process from a list of vendors approved by the
7Board.
8    (f) The licensed owner shall be the person primarily
9responsible for the boat or casino itself. Only one gambling
10operation may be authorized by the Board on any riverboat or in
11any casino. The applicant must identify the riverboat or
12premises it intends to use and certify that the riverboat or
13premises: (1) has the authorized capacity required in this
14Act; (2) is accessible to persons with disabilities; and (3)
15is fully registered and licensed in accordance with any
16applicable laws.
17    (g) A person who knowingly makes a false statement on an
18application is guilty of a Class A misdemeanor.
19(Source: P.A. 101-31, eff. 6-28-19.)
 
20    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
21    Sec. 7. Owners licenses.
22    (a) The Board shall issue owners licenses to persons or
23entities that apply for such licenses upon payment to the
24Board of the non-refundable license fee as provided in
25subsection (e) or (e-5) and upon a determination by the Board

 

 

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1that the applicant is eligible for an owners license pursuant
2to this Act and the rules of the Board. From December 15, 2008
3(the effective date of Public Act 95-1008) this amendatory Act
4of the 95th General Assembly until (i) 3 years after December
515, 2008 (the effective date of Public Act 95-1008) this
6amendatory Act of the 95th General Assembly, (ii) the date any
7organization licensee begins to operate a slot machine or
8video game of chance under the Illinois Horse Racing Act of
91975 or this Act, (iii) the date that payments begin under
10subsection (c-5) of Section 13 of this Act, (iv) the wagering
11tax imposed under Section 13 of this Act is increased by law to
12reflect a tax rate that is at least as stringent or more
13stringent than the tax rate contained in subsection (a-3) of
14Section 13, or (v) when an owners licensee holding a license
15issued pursuant to Section 7.1 of this Act begins conducting
16gaming, whichever occurs first, as a condition of licensure
17and as an alternative source of payment for those funds
18payable under subsection (c-5) of Section 13 of this Act, any
19owners licensee that holds or receives its owners license on
20or after May 26, 2006 (the effective date of Public Act 94-804)
21this amendatory Act of the 94th General Assembly, other than
22an owners licensee operating a riverboat with adjusted gross
23receipts in calendar year 2004 of less than $200,000,000, must
24pay into the Horse Racing Equity Trust Fund, in addition to any
25other payments required under this Act, an amount equal to 3%
26of the adjusted gross receipts received by the owners

 

 

SB1360 Engrossed- 8 -LRB102 11132 SMS 16464 b

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

 

 

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1    The Board is expressly prohibited from making changes to
2the requirement that licensees make payment into the Horse
3Racing Equity Trust Fund without the express authority of the
4Illinois General Assembly and making any other rule to
5implement or interpret Public Act 95-1008 this amendatory Act
6of the 95th General Assembly. For the purposes of this
7paragraph, "rules" is given the meaning given to that term in
8Section 1-70 of the Illinois Administrative Procedure Act.
9    (b) In determining whether to grant an owners license to
10an applicant, the Board shall consider:
11        (1) the character, reputation, experience, and
12    financial integrity of the applicants and of any other or
13    separate person that either:
14            (A) controls, directly or indirectly, such
15        applicant; , or
16            (B) is controlled, directly or indirectly, by such
17        applicant or by a person which controls, directly or
18        indirectly, such applicant;
19        (2) the facilities or proposed facilities for the
20    conduct of gambling;
21        (3) the highest prospective total revenue to be
22    derived by the State from the conduct of gambling;
23        (4) the extent to which the ownership of the applicant
24    reflects the diversity of the State by including minority
25    persons, women, and persons with a disability and the good
26    faith affirmative action plan of each applicant to

 

 

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1    recruit, train and upgrade minority persons, women, and
2    persons with a disability in all employment
3    classifications; the Board shall further consider granting
4    an owners license and giving preference to an applicant
5    under this Section to applicants in which minority persons
6    and women hold ownership interest of at least 16% and 4%,
7    respectively; .
8        (4.5) the extent to which the ownership of the
9    applicant includes veterans of service in the armed forces
10    of the United States, and the good faith affirmative
11    action plan of each applicant to recruit, train, and
12    upgrade veterans of service in the armed forces of the
13    United States in all employment classifications;
14        (5) the financial ability of the applicant to purchase
15    and maintain adequate liability and casualty insurance;
16        (6) whether the applicant has adequate capitalization
17    to provide and maintain, for the duration of a license, a
18    riverboat or casino;
19        (7) the extent to which the applicant exceeds or meets
20    other standards for the issuance of an owners license
21    which the Board may adopt by rule;
22        (8) the amount of the applicant's license bid;
23        (9) the extent to which the applicant or the proposed
24    host municipality plans to enter into revenue sharing
25    agreements with communities other than the host
26    municipality; and

 

 

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1        (10) the extent to which the ownership of an applicant
2    includes the most qualified number of minority persons,
3    women, and persons with a disability; .
4        (11) whether the applicant has entered into a
5    construction project labor agreement that includes
6    provisions establishing wages, benefits, and other
7    compensation for employees performing work under the
8    project labor agreement at that location; the project
9    labor agreements must conform to the requirements
10    contained in Sections 20 and 25 of the Project Labor
11    Agreements Act; and
12        (12) whether the applicant pays a prevailing wage for
13    employees who are engaged in construction.
14    (c) Each owners license shall specify the place where the
15casino shall operate or the riverboat shall operate and dock.
16    (d) Each applicant shall submit with his or her
17application, on forms provided by the Board, 2 sets of his or
18her fingerprints.
19    (e) In addition to any licenses authorized under
20subsection (e-5) of this Section, the Board may issue up to 10
21licenses authorizing the holders of such licenses to own
22riverboats. In the application for an owners license, the
23applicant shall state the dock at which the riverboat is based
24and the water on which the riverboat will be located. The Board
25shall issue 5 licenses to become effective not earlier than
26January 1, 1991. Three of such licenses shall authorize

 

 

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1riverboat gambling on the Mississippi River, or, with approval
2by the municipality in which the riverboat was docked on
3August 7, 2003 and with Board approval, be authorized to
4relocate to a new location, in a municipality that (1) borders
5on the Mississippi River or is within 5 miles of the city
6limits of a municipality that borders on the Mississippi River
7and (2) on August 7, 2003, had a riverboat conducting
8riverboat gambling operations pursuant to a license issued
9under this Act; one of which shall authorize riverboat
10gambling from a home dock in the city of East St. Louis; and
11one of which shall authorize riverboat gambling from a home
12dock in the City of Alton. One other license shall authorize
13riverboat gambling on the Illinois River in the City of East
14Peoria or, with Board approval, shall authorize land-based
15gambling operations anywhere within the corporate limits of
16the City of Peoria. The Board shall issue one additional
17license to become effective not earlier than March 1, 1992,
18which shall authorize riverboat gambling on the Des Plaines
19River in Will County. The Board may issue 4 additional
20licenses to become effective not earlier than March 1, 1992.
21In determining the water upon which riverboats will operate,
22the Board shall consider the economic benefit which riverboat
23gambling confers on the State, and shall seek to assure that
24all regions of the State share in the economic benefits of
25riverboat gambling.
26    In granting all licenses, the Board may give favorable

 

 

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1consideration to economically depressed areas of the State, to
2applicants presenting plans which provide for significant
3economic development over a large geographic area, and to
4applicants who currently operate non-gambling riverboats in
5Illinois. The Board shall review all applications for owners
6licenses, and shall inform each applicant of the Board's
7decision. The Board may grant an owners license to an
8applicant that has not submitted the highest license bid, but
9if it does not select the highest bidder, the Board shall issue
10a written decision explaining why another applicant was
11selected and identifying the factors set forth in this Section
12that favored the winning bidder. The fee for issuance or
13renewal of a license pursuant to this subsection (e) shall be
14$250,000.
15    (e-5) In addition to licenses authorized under subsection
16(e) of this Section:
17        (1) the Board may issue one owners license authorizing
18    the conduct of casino gambling in the City of Chicago;
19        (2) the Board may issue one owners license authorizing
20    the conduct of riverboat gambling in the City of Danville;
21        (3) the Board may issue one owners license authorizing
22    the conduct of riverboat gambling in the City of Waukegan;
23        (4) the Board may issue one owners license authorizing
24    the conduct of riverboat gambling in the City of Rockford;
25        (5) the Board may issue one owners license authorizing
26    the conduct of riverboat gambling in a municipality that

 

 

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1    is wholly or partially located in one of the following
2    townships of Cook County: Bloom, Bremen, Calumet, Rich,
3    Thornton, or Worth Township; and
4        (6) the Board may issue one owners license authorizing
5    the conduct of riverboat gambling in the unincorporated
6    area of Williamson County adjacent to the Big Muddy River.
7    Except for the license authorized under paragraph (1),
8each application for a license pursuant to this subsection
9(e-5) shall be submitted to the Board no later than 120 days
10after June 28, 2019 (the effective date of Public Act 101-31).
11All applications for a license under this subsection (e-5)
12shall include the nonrefundable application fee and the
13nonrefundable background investigation fee as provided in
14subsection (d) of Section 6 of this Act. In the event that an
15applicant submits an application for a license pursuant to
16this subsection (e-5) prior to June 28, 2019 (the effective
17date of Public Act 101-31), such applicant shall submit the
18nonrefundable application fee and background investigation fee
19as provided in subsection (d) of Section 6 of this Act no later
20than 6 months after June 28, 2019 (the effective date of Public
21Act 101-31).
22    The Board shall consider issuing a license pursuant to
23paragraphs (1) through (6) of this subsection only after the
24corporate authority of the municipality or the county board of
25the county in which the riverboat or casino shall be located
26has certified to the Board the following:

 

 

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1        (i) that the applicant has negotiated with the
2    corporate authority or county board in good faith;
3        (ii) that the applicant and the corporate authority or
4    county board have mutually agreed on the permanent
5    location of the riverboat or casino;
6        (iii) that the applicant and the corporate authority
7    or county board have mutually agreed on the temporary
8    location of the riverboat or casino;
9        (iv) that the applicant and the corporate authority or
10    the county board have mutually agreed on the percentage of
11    revenues that will be shared with the municipality or
12    county, if any;
13        (v) that the applicant and the corporate authority or
14    county board have mutually agreed on any zoning,
15    licensing, public health, or other issues that are within
16    the jurisdiction of the municipality or county;
17        (vi) that the corporate authority or county board has
18    passed a resolution or ordinance in support of the
19    riverboat or casino in the municipality or county;
20        (vii) the applicant for a license under paragraph (1)
21    has made a public presentation concerning its casino
22    proposal; and
23        (viii) the applicant for a license under paragraph (1)
24    has prepared a summary of its casino proposal and such
25    summary has been posted on a public website of the
26    municipality or the county.

 

 

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1    At least 7 days before the corporate authority of a
2municipality or county board of the county submits a
3certification to the Board concerning items (i) through (viii)
4of this subsection, it shall hold a public hearing to discuss
5items (i) through (viii), as well as any other details
6concerning the proposed riverboat or casino in the
7municipality or county. The corporate authority or county
8board must subsequently memorialize the details concerning the
9proposed riverboat or casino in a resolution that must be
10adopted by a majority of the corporate authority or county
11board before any certification is sent to the Board. The Board
12shall not alter, amend, change, or otherwise interfere with
13any agreement between the applicant and the corporate
14authority of the municipality or county board of the county
15regarding the location of any temporary or permanent facility.
16    In addition, within 10 days after June 28, 2019 (the
17effective date of Public Act 101-31), the Board, with consent
18and at the expense of the City of Chicago, shall select and
19retain the services of a nationally recognized casino gaming
20feasibility consultant. Within 45 days after June 28, 2019
21(the effective date of Public Act 101-31), the consultant
22shall prepare and deliver to the Board a study concerning the
23feasibility of, and the ability to finance, a casino in the
24City of Chicago. The feasibility study shall be delivered to
25the Mayor of the City of Chicago, the Governor, the President
26of the Senate, and the Speaker of the House of

 

 

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1Representatives. Ninety days after receipt of the feasibility
2study, the Board shall make a determination, based on the
3results of the feasibility study, whether to recommend to the
4General Assembly that the terms of the license under paragraph
5(1) of this subsection (e-5) should be modified. The Board may
6begin accepting applications for the owners license under
7paragraph (1) of this subsection (e-5) upon the determination
8to issue such an owners license.
9    In addition, prior to the Board issuing the owners license
10authorized under paragraph (4) of subsection (e-5), an impact
11study shall be completed to determine what location in the
12city will provide the greater impact to the region, including
13the creation of jobs and the generation of tax revenue.
14    (e-10) The licenses authorized under subsection (e-5) of
15this Section shall be issued within 12 months after the date
16the license application is submitted. If the Board does not
17issue the licenses within that time period, then the Board
18shall give a written explanation to the applicant as to why it
19has not reached a determination and when it reasonably expects
20to make a determination. The fee for the issuance or renewal of
21a license issued pursuant to this subsection (e-10) shall be
22$250,000. Additionally, a licensee located outside of Cook
23County shall pay a minimum initial fee of $17,500 per gaming
24position, and a licensee located in Cook County shall pay a
25minimum initial fee of $30,000 per gaming position. The
26initial fees payable under this subsection (e-10) shall be

 

 

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1deposited into the Rebuild Illinois Projects Fund. If at any
2point after June 1, 2020 there are no pending applications for
3a license under subsection (e-5) and not all licenses
4authorized under subsection (e-5) have been issued, then the
5Board shall reopen the license application process for those
6licenses authorized under subsection (e-5) that have not been
7issued. The Board shall follow the licensing process provided
8in subsection (e-5) with all time frames tied to the last date
9of a final order issued by the Board under subsection (e-5)
10rather than the effective date of the amendatory Act.
11    (e-15) Each licensee of a license authorized under
12subsection (e-5) of this Section shall make a reconciliation
13payment 3 years after the date the licensee begins operating
14in an amount equal to 75% of the adjusted gross receipts for
15the most lucrative 12-month period of operations, minus an
16amount equal to the initial payment per gaming position paid
17by the specific licensee. Each licensee shall pay a
18$15,000,000 reconciliation fee upon issuance of an owners
19license. If this calculation results in a negative amount,
20then the licensee is not entitled to any reimbursement of fees
21previously paid. This reconciliation payment may be made in
22installments over a period of no more than 6 years.
23    All payments by licensees under this subsection (e-15)
24shall be deposited into the Rebuild Illinois Projects Fund.
25    (e-20) In addition to any other revocation powers granted
26to the Board under this Act, the Board may revoke the owners

 

 

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1license of a licensee which fails to begin conducting gambling
2within 15 months of receipt of the Board's approval of the
3application if the Board determines that license revocation is
4in the best interests of the State.
5    (f) The first 10 owners licenses issued under this Act
6shall permit the holder to own up to 2 riverboats and equipment
7thereon for a period of 3 years after the effective date of the
8license. Holders of the first 10 owners licenses must pay the
9annual license fee for each of the 3 years during which they
10are authorized to own riverboats.
11    (g) Upon the termination, expiration, or revocation of
12each of the first 10 licenses, which shall be issued for a
133-year period, all licenses are renewable annually upon
14payment of the fee and a determination by the Board that the
15licensee continues to meet all of the requirements of this Act
16and the Board's rules. However, for licenses renewed on or
17after May 1, 1998, renewal shall be for a period of 4 years,
18unless the Board sets a shorter period.
19    (h) An owners license, except for an owners license issued
20under subsection (e-5) of this Section, shall entitle the
21licensee to own up to 2 riverboats.
22    An owners licensee of a casino or riverboat that is
23located in the City of Chicago pursuant to paragraph (1) of
24subsection (e-5) of this Section shall limit the number of
25gaming positions to 4,000 for such owner. An owners licensee
26authorized under subsection (e) or paragraph (2), (3), (4), or

 

 

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1(5) of subsection (e-5) of this Section shall limit the number
2of gaming positions to 2,000 for any such owners license. An
3owners licensee authorized under paragraph (6) of subsection
4(e-5) of this Section shall limit the number of gaming
5positions to 1,200 for such owner. The initial fee for each
6gaming position obtained on or after June 28, 2019 (the
7effective date of Public Act 101-31) shall be a minimum of
8$17,500 for licensees not located in Cook County and a minimum
9of $30,000 for licensees located in Cook County, in addition
10to the reconciliation payment, as set forth in subsection
11(e-15) of this Section. The fees under this subsection (h)
12shall be deposited into the Rebuild Illinois Projects Fund.
13The fees under this subsection (h) that are paid by an owners
14licensee authorized under subsection (e) shall be paid by July
151, 2021.
16    Each owners licensee under subsection (e) of this Section
17shall reserve its gaming positions within 30 days after June
1828, 2019 (the effective date of Public Act 101-31). The Board
19may grant an extension to this 30-day period, provided that
20the owners licensee submits a written request and explanation
21as to why it is unable to reserve its positions within the
2230-day period.
23    Each owners licensee under subsection (e-5) of this
24Section shall reserve its gaming positions within 30 days
25after issuance of its owners license. The Board may grant an
26extension to this 30-day period, provided that the owners

 

 

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1licensee submits a written request and explanation as to why
2it is unable to reserve its positions within the 30-day
3period.
4    A licensee may operate both of its riverboats
5concurrently, provided that the total number of gaming
6positions on both riverboats does not exceed the limit
7established pursuant to this subsection. Riverboats licensed
8to operate on the Mississippi River and the Illinois River
9south of Marshall County shall have an authorized capacity of
10at least 500 persons. Any other riverboat licensed under this
11Act shall have an authorized capacity of at least 400 persons.
12    (h-5) An owners licensee who conducted gambling operations
13prior to January 1, 2012 and obtains positions pursuant to
14Public Act 101-31 shall make a reconciliation payment 3 years
15after any additional gaming positions begin operating in an
16amount equal to 75% of the owners licensee's average gross
17receipts for the most lucrative 12-month period of operations
18minus an amount equal to the initial fee that the owners
19licensee paid per additional gaming position. For purposes of
20this subsection (h-5), "average gross receipts" means (i) the
21increase in adjusted gross receipts for the most lucrative
2212-month period of operations over the adjusted gross receipts
23for 2019, multiplied by (ii) the percentage derived by
24dividing the number of additional gaming positions that an
25owners licensee had obtained by the total number of gaming
26positions operated by the owners licensee. If this calculation

 

 

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1results in a negative amount, then the owners licensee is not
2entitled to any reimbursement of fees previously paid. This
3reconciliation payment may be made in installments over a
4period of no more than 6 years. These reconciliation payments
5shall be deposited into the Rebuild Illinois Projects Fund.
6    (i) A licensed owner is authorized to apply to the Board
7for and, if approved therefor, to receive all licenses from
8the Board necessary for the operation of a riverboat or
9casino, including a liquor license, a license to prepare and
10serve food for human consumption, and other necessary
11licenses. All use, occupation, and excise taxes which apply to
12the sale of food and beverages in this State and all taxes
13imposed on the sale or use of tangible personal property apply
14to such sales aboard the riverboat or in the casino.
15    (j) The Board may issue or re-issue a license authorizing
16a riverboat to dock in a municipality or approve a relocation
17under Section 11.2 only if, prior to the issuance or
18re-issuance of the license or approval, the governing body of
19the municipality in which the riverboat will dock has by a
20majority vote approved the docking of riverboats in the
21municipality. The Board may issue or re-issue a license
22authorizing a riverboat to dock in areas of a county outside
23any municipality or approve a relocation under Section 11.2
24only if, prior to the issuance or re-issuance of the license or
25approval, the governing body of the county has by a majority
26vote approved of the docking of riverboats within such areas.

 

 

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1    (k) An owners licensee may conduct land-based gambling
2operations upon approval by the Board and payment of a fee of
3$250,000, which shall be deposited into the State Gaming Fund.
4    (l) An owners licensee may conduct gaming at a temporary
5facility pending the construction of a permanent facility or
6the remodeling or relocation of an existing facility to
7accommodate gaming participants for up to 24 months after the
8temporary facility begins to conduct gaming. Upon request by
9an owners licensee and upon a showing of good cause by the
10owners licensee, the Board shall extend the period during
11which the licensee may conduct gaming at a temporary facility
12by up to 12 months. The Board shall make rules concerning the
13conduct of gaming from temporary facilities.
14(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;
15101-31, eff. 6-28-19; 101-648, eff. 6-30-20; revised 8-19-20.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.