Full Text of SB1360 102nd General Assembly
SB1360ham002 102ND GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/10/2021
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| 1 | | AMENDMENT TO SENATE BILL 1360
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1360 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Gambling Act is amended by | 5 | | changing 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 | 9 | | license to
conduct a gambling operation as provided in this | 10 | | Act. The
application shall be made on forms provided by the | 11 | | Board and shall contain
such information as the Board | 12 | | prescribes, including but not limited to the
identity of the | 13 | | riverboat on which such gambling operation is to be
conducted, | 14 | | if applicable, and the exact location where such riverboat or | 15 | | casino will be located, a
certification that the riverboat | 16 | | will be registered under this Act at all
times during which |
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| 1 | | gambling operations are conducted on board, detailed
| 2 | | information regarding the ownership and management of the | 3 | | applicant, and
detailed personal information regarding the | 4 | | applicant. Any application for an
owners license to be | 5 | | re-issued on or after June 1, 2003 shall also
include the | 6 | | applicant's license bid in a form prescribed by the Board.
| 7 | | Information
provided on the application shall be used as a | 8 | | basis for a thorough
background investigation which the Board | 9 | | shall conduct with respect to each
applicant. An incomplete | 10 | | application shall be cause for denial of a license
by the | 11 | | Board.
| 12 | | (a-5) In addition to any other information required under | 13 | | this Section, each application for an owners license must | 14 | | include the following information: | 15 | | (1) The history and success of the applicant and each | 16 | | person and entity disclosed under subsection (c) of this | 17 | | Section in developing tourism facilities ancillary to | 18 | | gaming, if applicable. | 19 | | (2) The likelihood that granting a license to the | 20 | | applicant will lead to the creation of quality, living | 21 | | wage jobs and permanent, full-time jobs for residents of | 22 | | the State and residents of the unit of local government | 23 | | that is designated as the home dock of the proposed | 24 | | facility where gambling is to be conducted by the | 25 | | applicant. | 26 | | (3) The projected number of jobs that would be created |
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| 1 | | if the license is granted and the projected number of new | 2 | | employees at the proposed facility where gambling is to be | 3 | | conducted by the applicant. | 4 | | (4) The record, if any, of the applicant and its | 5 | | developer in meeting commitments to local agencies, | 6 | | community-based organizations, and employees at other | 7 | | locations where the applicant or its developer has | 8 | | performed similar functions as they would perform if the | 9 | | applicant were granted a license. | 10 | | (5) Identification of adverse effects that might be | 11 | | caused by the proposed facility where gambling is to be | 12 | | conducted by the applicant, including the costs of meeting | 13 | | increased demand for public health care, child care, | 14 | | public transportation, affordable housing, and social | 15 | | services, and a plan to mitigate those adverse effects. | 16 | | (6) The record, if any, of the applicant and its | 17 | | developer regarding compliance with: | 18 | | (A) federal, state, and local discrimination, wage | 19 | | and hour, disability, and occupational and | 20 | | environmental health and safety laws; and | 21 | | (B) state and local labor relations and employment | 22 | | laws. | 23 | | (7) The applicant's record, if any, in dealing with | 24 | | its employees and their representatives at other | 25 | | locations. | 26 | | (8) A plan concerning the utilization of |
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| 1 | | minority-owned and women-owned businesses and concerning | 2 | | the hiring of minorities and women. | 3 | | (9) Evidence the applicant used its best efforts to | 4 | | reach a goal of 25% ownership representation by minority | 5 | | persons and 5% ownership representation by women. | 6 | | (10) Evidence the applicant has entered into a fully | 7 | | executed project labor agreement with the applicable local | 8 | | building trades council. For any pending application | 9 | | before the Board on the effective date of this amendatory | 10 | | Act of the 102nd General Assembly, the applicant shall | 11 | | submit evidence complying with this paragraph within 30 | 12 | | days after the effective date of this amendatory Act of | 13 | | the 102nd General Assembly. The Board shall not award any | 14 | | pending applications until the applicant has submitted | 15 | | this information. | 16 | | (b) Applicants shall submit with their application all | 17 | | documents,
resolutions, and letters of support from the | 18 | | governing body that represents
the municipality or county | 19 | | wherein the licensee will be located.
| 20 | | (c) Each applicant shall disclose the identity of every | 21 | | person or entity having a greater than 1% direct or
indirect | 22 | | pecuniary interest in the gambling operation with
respect to | 23 | | which the license is sought. If the disclosed entity is a
| 24 | | trust, the application shall disclose the names and addresses | 25 | | of all
beneficiaries; if a corporation, the names and
| 26 | | addresses of all stockholders and directors; if a partnership, |
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| 1 | | the names
and addresses of all partners, both general and | 2 | | limited.
| 3 | | (d) An application shall be filed and considered in | 4 | | accordance with the rules of the Board. Each application shall | 5 | | be accompanied by a nonrefundable
application fee of $250,000. | 6 | | In addition, a nonrefundable fee of $50,000 shall be paid at | 7 | | the time of filing
to defray the costs associated with the
| 8 | | background investigation conducted by the Board. If the costs | 9 | | of the
investigation exceed $50,000, the applicant shall pay | 10 | | the additional amount
to the Board within 7 days after | 11 | | requested by the Board. If the costs of the investigation are | 12 | | less than $50,000, the
applicant shall receive a refund of the | 13 | | remaining amount. All
information, records, interviews, | 14 | | reports, statements, memoranda or other
data supplied to or | 15 | | used by the Board in the course of its review or
investigation | 16 | | of an application for a license or a renewal under this Act | 17 | | shall be
privileged, strictly confidential and shall be used | 18 | | only for the purpose of
evaluating an applicant for a license | 19 | | or a renewal. Such information, records, interviews, reports,
| 20 | | statements, memoranda or other data shall not be admissible as | 21 | | evidence,
nor discoverable in any action of any kind in any | 22 | | court or before any
tribunal, board, agency or person, except | 23 | | for any action deemed necessary
by the Board. The application | 24 | | fee shall be deposited into the State Gaming Fund.
| 25 | | (e) The Board shall charge each applicant a fee set by the | 26 | | Department of
State Police to defray the costs associated with |
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| 1 | | the search and
classification of fingerprints obtained by the | 2 | | Board with respect to the
applicant's application. These fees | 3 | | shall be paid into the State Police
Services Fund. In order to | 4 | | expedite the application process, the Board may establish | 5 | | rules allowing applicants to acquire criminal background | 6 | | checks and financial integrity reviews as part of the initial | 7 | | application process from a list of vendors approved by the | 8 | | Board.
| 9 | | (f) The licensed owner shall be the person primarily | 10 | | responsible for the
boat or casino itself. Only one gambling | 11 | | operation may be authorized
by the Board on any riverboat or in | 12 | | any casino. The applicant must identify the riverboat or | 13 | | premises
it intends to use and certify that the riverboat or | 14 | | premises: (1) has the authorized
capacity required in this | 15 | | Act; (2) is accessible to persons with disabilities; and
(3) | 16 | | is fully registered and licensed in accordance
with any | 17 | | applicable laws.
| 18 | | (g) A person who knowingly makes a false statement on an | 19 | | application is
guilty of a Class A misdemeanor.
| 20 | | (Source: P.A. 101-31, eff. 6-28-19.)
| 21 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| 22 | | Sec. 7. Owners licenses.
| 23 | | (a) The Board shall issue owners licenses to persons or | 24 | | entities that apply for such licenses upon payment to the | 25 | | Board of the
non-refundable license fee as provided in |
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| 1 | | subsection (e) or (e-5) and upon a determination by the Board | 2 | | that the
applicant is eligible for an owners license pursuant | 3 | | to this Act and the
rules of the Board. From December 15, 2008 | 4 | | ( the effective date of Public Act 95-1008) this amendatory Act | 5 | | of the 95th General Assembly until (i) 3 years after December | 6 | | 15, 2008 ( the effective date of Public Act 95-1008) this | 7 | | amendatory Act of the 95th General Assembly , (ii) the date any | 8 | | organization licensee begins to operate a slot machine or | 9 | | video game of chance under the Illinois Horse Racing Act of | 10 | | 1975 or this Act, (iii) the date that payments begin under | 11 | | subsection (c-5) of Section 13 of this Act, (iv) the wagering | 12 | | tax imposed under Section 13 of this Act is increased by law to | 13 | | reflect a tax rate that is at least as stringent or more | 14 | | stringent than the tax rate contained in subsection (a-3) of | 15 | | Section 13, or (v) when an owners licensee holding a license | 16 | | issued pursuant to Section 7.1 of this Act begins conducting | 17 | | gaming, whichever occurs first, as a condition of licensure | 18 | | and as an alternative source of payment for those funds | 19 | | payable under subsection (c-5) of Section 13 of this Act, any | 20 | | owners licensee that holds or receives its owners license on | 21 | | or after May 26, 2006 ( the effective date of Public Act 94-804) | 22 | | this amendatory Act of the 94th General Assembly , other than | 23 | | an owners licensee operating a riverboat with adjusted gross | 24 | | receipts in calendar year 2004 of less than $200,000,000, must | 25 | | pay into the Horse Racing Equity Trust Fund, in addition to any | 26 | | other payments required under this Act, an amount equal to 3% |
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| 1 | | of the adjusted gross receipts received by the owners | 2 | | licensee. The payments required under this Section shall be | 3 | | made by the owners licensee to the State Treasurer no later | 4 | | than 3:00 o'clock p.m. of the day after the day when the | 5 | | adjusted gross receipts were received by the owners licensee. | 6 | | A person or entity is ineligible to receive
an owners license | 7 | | if:
| 8 | | (1) the person has been convicted of a felony under | 9 | | the laws of this
State, any other state, or the United | 10 | | States;
| 11 | | (2) the person has been convicted of any violation of | 12 | | Article 28 of the
Criminal Code of 1961 or the Criminal | 13 | | Code of 2012, or substantially similar laws of any other | 14 | | jurisdiction;
| 15 | | (3) the person has submitted an application for a | 16 | | license under this
Act which contains false information;
| 17 | | (4) the person is
a member of the Board;
| 18 | | (5) a person defined in (1), (2), (3), or (4) is an | 19 | | officer, director, or
managerial employee of the entity;
| 20 | | (6) the entity employs a person defined in (1), (2), | 21 | | (3), or
(4) who participates in the management or | 22 | | operation of gambling operations
authorized under this | 23 | | Act;
| 24 | | (7) (blank); or
| 25 | | (8) a license of the person or entity issued under
| 26 | | this Act, or a license to own or operate gambling |
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| 1 | | facilities
in any other jurisdiction, has been revoked.
| 2 | | The Board is expressly prohibited from making changes to | 3 | | the requirement that licensees make payment into the Horse | 4 | | Racing Equity Trust Fund without the express authority of the | 5 | | Illinois General Assembly and making any other rule to | 6 | | implement or interpret Public Act 95-1008 this amendatory Act | 7 | | of the 95th General Assembly . For the purposes of this | 8 | | paragraph, "rules" is given the meaning given to that term in | 9 | | Section 1-70 of the Illinois Administrative Procedure Act. | 10 | | (b) In determining whether to grant an owners license to | 11 | | an applicant, the
Board shall consider:
| 12 | | (1) the character, reputation, experience, and | 13 | | financial integrity of the
applicants and of any other or | 14 | | separate person that either:
| 15 | | (A) controls, directly or indirectly, such | 16 | | applicant ; , or
| 17 | | (B) is controlled, directly or indirectly, by such | 18 | | applicant or by a
person which controls, directly or | 19 | | indirectly, such applicant;
| 20 | | (2) the facilities or proposed facilities for the | 21 | | conduct of
gambling;
| 22 | | (3) the highest prospective total revenue to be | 23 | | derived by the State
from the conduct of gambling;
| 24 | | (4) the extent to which the ownership of the applicant | 25 | | reflects the
diversity of the State by including minority | 26 | | persons, women, and persons with a disability
and the good |
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| 1 | | faith affirmative action plan of
each applicant to | 2 | | recruit, train and upgrade minority persons, women, and | 3 | | persons with a disability in all employment | 4 | | classifications; the Board shall further consider granting | 5 | | an owners license and giving preference to an applicant | 6 | | under this Section to applicants in which minority persons | 7 | | and women hold ownership interest of at least 16% and 4%, | 8 | | respectively ; .
| 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 | 12 | | action plan of each applicant to recruit, train, and | 13 | | upgrade veterans of service in the armed forces of the | 14 | | United 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 | 22 | | which the Board may adopt by rule;
| 23 | | (8) 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 |
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| 1 | | municipality; and | 2 | | (10) the extent to which the ownership of an applicant | 3 | | includes the most qualified number of minority persons, | 4 | | women, and persons with a disability ; and . | 5 | | (11) whether the applicant has entered into a fully | 6 | | executed construction project labor agreement with the | 7 | | applicable local building trades council. | 8 | | (c) Each owners license shall specify the place where the | 9 | | casino shall
operate or the riverboat shall operate and dock.
| 10 | | (d) Each applicant shall submit with his or her | 11 | | application, on forms
provided by the Board, 2 sets of his or | 12 | | her fingerprints.
| 13 | | (e) In addition to any licenses authorized under | 14 | | subsection (e-5) of this Section, the Board may issue up to 10 | 15 | | licenses authorizing the holders of such
licenses to own | 16 | | riverboats. In the application for an owners license, the
| 17 | | applicant shall state the dock at which the riverboat is based | 18 | | and the water
on which the riverboat will be located. The Board | 19 | | shall issue 5 licenses to
become effective not earlier than | 20 | | January 1, 1991. Three of such licenses
shall authorize | 21 | | riverboat gambling on the Mississippi River, or, with approval
| 22 | | by the municipality in which the
riverboat was docked on | 23 | | August 7, 2003 and with Board approval, be authorized to | 24 | | relocate to a new location,
in a
municipality that (1) borders | 25 | | on the Mississippi River or is within 5
miles of the city | 26 | | limits of a municipality that borders on the Mississippi
River |
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| 1 | | and (2) on August 7, 2003, had a riverboat conducting | 2 | | riverboat gambling operations pursuant to
a license issued | 3 | | under this Act; one of which shall authorize riverboat
| 4 | | gambling from a home dock in the city of East St. Louis; and | 5 | | one of which shall authorize riverboat
gambling from a home | 6 | | dock in the City of Alton. One other license
shall
authorize | 7 | | riverboat gambling on
the Illinois River in the City of East | 8 | | Peoria or, with Board approval, shall authorize land-based | 9 | | gambling operations anywhere within the corporate limits of | 10 | | the City of Peoria. The Board shall issue one
additional | 11 | | license to become effective not earlier than March 1, 1992, | 12 | | which
shall authorize riverboat gambling on the Des Plaines | 13 | | River in Will County.
The Board may issue 4 additional | 14 | | licenses to become effective not
earlier than
March 1, 1992. | 15 | | In determining the water upon which riverboats will operate,
| 16 | | the Board shall consider the economic benefit which riverboat | 17 | | gambling confers
on the State, and shall seek to assure that | 18 | | all regions of the State share
in the economic benefits of | 19 | | riverboat gambling.
| 20 | | In granting all licenses, the Board may give favorable | 21 | | consideration to
economically depressed areas of the State, to | 22 | | applicants presenting plans
which provide for significant | 23 | | economic development over a large geographic
area, and to | 24 | | applicants who currently operate non-gambling riverboats in
| 25 | | Illinois.
The Board shall review all applications for owners | 26 | | licenses,
and shall inform each applicant of the Board's |
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| 1 | | decision.
The Board may grant an owners license to an
| 2 | | applicant that has not submitted the highest license bid, but | 3 | | if it does not
select the highest bidder, the Board shall issue | 4 | | a written decision explaining
why another
applicant was | 5 | | selected and identifying the factors set forth in this Section
| 6 | | that favored the winning bidder. The fee for issuance or | 7 | | renewal of a license pursuant to this subsection (e) shall be | 8 | | $250,000.
| 9 | | (e-5) In addition to licenses authorized under subsection | 10 | | (e) of this Section: | 11 | | (1) the Board may issue one owners license authorizing | 12 | | the conduct of casino gambling in the City of Chicago; | 13 | | (2) the Board may issue one owners license authorizing | 14 | | the conduct of riverboat gambling in the City of Danville; | 15 | | (3) the Board may issue one owners license authorizing | 16 | | the conduct of riverboat gambling in the City of Waukegan; | 17 | | (4) the Board may issue one owners license authorizing | 18 | | the conduct of riverboat gambling in the City of Rockford; | 19 | | (5) the Board may issue one owners license authorizing | 20 | | the conduct of riverboat gambling in a municipality that | 21 | | is wholly or partially located in one of the following | 22 | | townships of Cook County: Bloom, Bremen, Calumet, Rich, | 23 | | Thornton, or Worth Township; and | 24 | | (6) the Board may issue one owners license authorizing | 25 | | the conduct of riverboat gambling in the unincorporated | 26 | | area of Williamson County adjacent to the Big Muddy River. |
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| 1 | | Except for the license authorized under paragraph (1), | 2 | | each application for a license pursuant to this subsection | 3 | | (e-5) shall be submitted to the Board no later than 120 days | 4 | | after June 28, 2019 (the effective date of Public Act 101-31). | 5 | | All applications for a license under this subsection (e-5) | 6 | | shall include the nonrefundable application fee and the | 7 | | nonrefundable background investigation fee as provided in | 8 | | subsection (d) of Section 6 of this Act. In the event that an | 9 | | applicant submits an application for a license pursuant to | 10 | | this subsection (e-5) prior to June 28, 2019 (the effective | 11 | | date of Public Act 101-31), such applicant shall submit the | 12 | | nonrefundable application fee and background investigation fee | 13 | | as provided in subsection (d) of Section 6 of this Act no later | 14 | | than 6 months after June 28, 2019 (the effective date of Public | 15 | | Act 101-31). | 16 | | The Board shall consider issuing a license pursuant to | 17 | | paragraphs (1) through (6) of this subsection only after the | 18 | | corporate authority of the municipality or the county board of | 19 | | the county in which the riverboat or casino shall be located | 20 | | has certified to the Board the following: | 21 | | (i) that the applicant has negotiated with the | 22 | | corporate authority or county board in good faith; | 23 | | (ii) that the applicant and the corporate authority or | 24 | | county board have mutually agreed on the permanent | 25 | | location of the riverboat or casino; | 26 | | (iii) that the applicant and the corporate authority |
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| 1 | | or county board have mutually agreed on the temporary | 2 | | location of the riverboat or casino; | 3 | | (iv) that the applicant and the corporate authority or | 4 | | the county board have mutually agreed on the percentage of | 5 | | revenues that will be shared with the municipality or | 6 | | county, if any; | 7 | | (v) that the applicant and the corporate authority or | 8 | | county board have mutually agreed on any zoning, | 9 | | licensing, public health, or other issues that are within | 10 | | the jurisdiction of the municipality or county; | 11 | | (vi) that the corporate authority or county board has | 12 | | passed a resolution or ordinance in support of the | 13 | | riverboat or casino in the municipality or county; | 14 | | (vii) the applicant for a license under paragraph (1) | 15 | | has made a public presentation concerning its casino | 16 | | proposal; and | 17 | | (viii) the applicant for a license under paragraph (1) | 18 | | has prepared a summary of its casino proposal and such | 19 | | summary has been posted on a public website of the | 20 | | municipality or the county. | 21 | | At least 7 days before the corporate authority of a | 22 | | municipality or county board of the county submits a | 23 | | certification to the Board concerning items (i) through (viii) | 24 | | of this subsection, it shall hold a public hearing to discuss | 25 | | items (i) through (viii), as well as any other details | 26 | | concerning the proposed riverboat or casino in the |
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| 1 | | municipality or county. The corporate authority or county | 2 | | board must subsequently memorialize the details concerning the | 3 | | proposed riverboat or casino in a resolution that must be | 4 | | adopted by a majority of the corporate authority or county | 5 | | board before any certification is sent to the Board. The Board | 6 | | shall not alter, amend, change, or otherwise interfere with | 7 | | any agreement between the applicant and the corporate | 8 | | authority of the municipality or county board of the county | 9 | | regarding the location of any temporary or permanent facility. | 10 | | In addition, within 10 days after June 28, 2019 (the | 11 | | effective date of Public Act 101-31), the Board, with consent | 12 | | and at the expense of the City of Chicago, shall select and | 13 | | retain the services of a nationally recognized casino gaming | 14 | | feasibility consultant. Within 45 days after June 28, 2019 | 15 | | (the effective date of Public Act 101-31), the consultant | 16 | | shall prepare and deliver to the Board a study concerning the | 17 | | feasibility of, and the ability to finance, a casino in the | 18 | | City of Chicago. The feasibility study shall be delivered to | 19 | | the Mayor of the City of Chicago, the Governor, the President | 20 | | of the Senate, and the Speaker of the House of | 21 | | Representatives. Ninety days after receipt of the feasibility | 22 | | study, the Board shall make a determination, based on the | 23 | | results of the feasibility study, whether to recommend to the | 24 | | General Assembly that the terms of the license under paragraph | 25 | | (1) of this subsection (e-5) should be modified. The Board may | 26 | | begin accepting applications for the owners license under |
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| 1 | | paragraph (1) of this subsection (e-5) upon the determination | 2 | | to issue such an owners license. | 3 | | In addition, prior to the Board issuing the owners license | 4 | | authorized under paragraph (4) of subsection (e-5), an impact | 5 | | study shall be completed to determine what location in the | 6 | | city will provide the greater impact to the region, including | 7 | | the creation of jobs and the generation of tax revenue. | 8 | | (e-10) The licenses authorized under subsection (e-5) of | 9 | | this Section shall be issued within 12 months after the date | 10 | | the license application is submitted. If the Board does not | 11 | | issue the licenses within that time period, then the Board | 12 | | shall give a written explanation to the applicant as to why it | 13 | | has not reached a determination and when it reasonably expects | 14 | | to make a determination. The fee for the issuance or renewal of | 15 | | a license issued pursuant to this subsection (e-10) shall be | 16 | | $250,000. Additionally, a licensee located outside of Cook | 17 | | County shall pay a minimum initial fee of $17,500 per gaming | 18 | | position, and a licensee located in Cook County shall pay a | 19 | | minimum initial fee of $30,000 per gaming position. The | 20 | | initial fees payable under this subsection (e-10) shall be | 21 | | deposited into the Rebuild Illinois Projects Fund. If at any | 22 | | point after June 1, 2020 there are no pending applications for | 23 | | a license under subsection (e-5) and not all licenses | 24 | | authorized under subsection (e-5) have been issued, then the | 25 | | Board shall reopen the license application process for those | 26 | | licenses authorized under subsection (e-5) that have not been |
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| 1 | | issued. The Board shall follow the licensing process provided | 2 | | in subsection (e-5) with all time frames tied to the last date | 3 | | of a final order issued by the Board under subsection (e-5) | 4 | | rather than the effective date of the amendatory Act. | 5 | | (e-15) Each licensee of a license authorized under | 6 | | subsection (e-5) of this Section shall make a reconciliation | 7 | | payment 3 years after the date the licensee begins operating | 8 | | in an amount equal to 75% of the adjusted gross receipts for | 9 | | the most lucrative 12-month period of operations, minus an | 10 | | amount equal to the initial payment per gaming position paid | 11 | | by the specific licensee. Each licensee shall pay a | 12 | | $15,000,000 reconciliation fee upon issuance of an owners | 13 | | license. If this calculation results in a negative amount, | 14 | | then the licensee is not entitled to any
reimbursement of fees | 15 | | previously paid. This reconciliation payment may be made in | 16 | | installments over a period of no more than 6 years. | 17 | | All payments by licensees under this subsection (e-15) | 18 | | shall be deposited into the Rebuild Illinois Projects Fund. | 19 | | (e-20) In addition to any other revocation powers granted | 20 | | to the Board under this
Act,
the Board may revoke the owners | 21 | | license of a licensee which fails
to begin conducting gambling | 22 | | within 15 months
of receipt of the
Board's approval of the | 23 | | application if the Board determines that license
revocation is | 24 | | in the best interests of the State.
| 25 | | (f) The first 10 owners licenses issued under this Act | 26 | | shall permit the
holder to own up to 2 riverboats and equipment |
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| 1 | | thereon
for a period of 3 years after the effective date of the | 2 | | license. Holders of
the first 10 owners licenses must pay the | 3 | | annual license fee for each of
the 3
years during which they | 4 | | are authorized to own riverboats.
| 5 | | (g) Upon the termination, expiration, or revocation of | 6 | | each of the first
10 licenses, which shall be issued for a | 7 | | 3-year period, all licenses are
renewable annually upon | 8 | | payment of the fee and a determination by the Board
that the | 9 | | licensee continues to meet all of the requirements of this Act | 10 | | and the
Board's rules.
However, for licenses renewed on or | 11 | | after the effective date of this amendatory Act of the 102nd | 12 | | General Assembly May 1, 1998 , renewal shall be
for a period of | 13 | | 4 years , unless the Board sets a shorter period .
| 14 | | (h) An owners license, except for an owners license issued | 15 | | under subsection (e-5) of this Section, shall entitle the | 16 | | licensee to own up to 2
riverboats. | 17 | | An owners licensee of a casino or riverboat that is | 18 | | located in the City of Chicago pursuant to paragraph (1) of | 19 | | subsection (e-5) of this Section shall limit the number of | 20 | | gaming positions to 4,000 for such owner. An owners licensee | 21 | | authorized under subsection (e) or paragraph (2), (3), (4), or | 22 | | (5) of subsection (e-5) of this Section shall limit the number | 23 | | of gaming positions to 2,000 for any such owners license. An | 24 | | owners licensee authorized under paragraph (6) of subsection | 25 | | (e-5) of this Section shall limit the number of gaming | 26 | | positions to
1,200 for such owner. The initial fee for each |
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| 1 | | gaming position obtained on or after June 28, 2019 (the | 2 | | effective date of Public Act 101-31) shall be a minimum of | 3 | | $17,500 for licensees not located in Cook County and a minimum | 4 | | of $30,000 for licensees located in Cook County, in addition | 5 | | to the reconciliation payment, as set forth in subsection | 6 | | (e-15) of this Section. The fees under this subsection (h) | 7 | | shall be deposited into the Rebuild Illinois Projects Fund. | 8 | | The fees under this subsection (h) that are paid by an owners | 9 | | licensee authorized under subsection (e) shall be paid by July | 10 | | 1, 2021. | 11 | | Each owners licensee under subsection (e) of this Section | 12 | | shall reserve its gaming positions within 30 days after June | 13 | | 28, 2019 (the effective date of Public Act 101-31). The Board | 14 | | may grant an extension to this 30-day period, provided that | 15 | | the owners licensee submits a written request and explanation | 16 | | as to why it is unable to reserve its positions within the | 17 | | 30-day period. | 18 | | Each owners licensee under subsection (e-5) of this | 19 | | Section shall reserve its gaming positions within 30 days | 20 | | after issuance of its owners license. The Board may grant an | 21 | | extension to this 30-day period, provided that the owners | 22 | | licensee submits a written request and explanation as to why | 23 | | it is unable to reserve its positions within the 30-day | 24 | | period. | 25 | | A licensee may operate both of its riverboats | 26 | | concurrently, provided that the
total number of gaming |
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| 1 | | positions on both riverboats does not exceed the limit | 2 | | established pursuant to this subsection. Riverboats licensed | 3 | | to operate on the
Mississippi River and the Illinois River | 4 | | south of Marshall County shall
have an authorized capacity of | 5 | | at least 500 persons. Any other riverboat
licensed under this | 6 | | Act shall have an authorized capacity of at least 400
persons.
| 7 | | (h-5) An owners licensee who conducted gambling operations | 8 | | prior to January 1, 2012 and obtains positions pursuant to | 9 | | Public Act 101-31 shall make a reconciliation payment 3 years | 10 | | after any additional gaming positions begin operating in an | 11 | | amount equal to 75% of the owners licensee's average gross | 12 | | receipts for the most lucrative 12-month period of operations | 13 | | minus an amount equal to the initial fee that the owners | 14 | | licensee paid per additional gaming position. For purposes of | 15 | | this subsection (h-5), "average gross receipts" means (i) the | 16 | | increase in adjusted gross receipts for the most lucrative | 17 | | 12-month period of operations over the adjusted gross receipts | 18 | | for 2019, multiplied by (ii) the percentage derived by | 19 | | dividing the number of additional gaming positions that an | 20 | | owners licensee had obtained by the total number of gaming | 21 | | positions operated by the owners licensee. If this calculation | 22 | | results in a negative amount, then the owners licensee is not | 23 | | entitled to any reimbursement of fees previously paid. This | 24 | | reconciliation payment may be made in installments over a | 25 | | period of no more than 6 years. These reconciliation payments | 26 | | shall be deposited into the Rebuild Illinois Projects Fund. |
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| 1 | | (i) A licensed owner is authorized to apply to the Board | 2 | | for and, if
approved therefor, to receive all licenses from | 3 | | the Board necessary for the
operation of a riverboat or | 4 | | casino, including a liquor license, a license
to prepare and | 5 | | serve food for human consumption, and other necessary
| 6 | | licenses. All use, occupation, and excise taxes which apply to | 7 | | the sale of
food and beverages in this State and all taxes | 8 | | imposed on the sale or use
of tangible personal property apply | 9 | | to such sales aboard the riverboat or in the casino.
| 10 | | (j) The Board may issue or re-issue a license authorizing | 11 | | a riverboat to
dock
in a municipality or approve a relocation | 12 | | under Section 11.2 only if, prior
to the issuance or | 13 | | re-issuance of
the license or approval, the governing body of | 14 | | the municipality in which
the riverboat will dock has by a | 15 | | majority vote approved the docking of
riverboats in the | 16 | | municipality. The Board may issue or re-issue a license
| 17 | | authorizing a
riverboat to dock in areas of a county outside | 18 | | any municipality or approve a
relocation under Section 11.2 | 19 | | only if, prior to the issuance or re-issuance
of the license
or | 20 | | approval, the
governing body of the county has by a majority | 21 | | vote approved of the docking of
riverboats within such areas.
| 22 | | (k) An owners licensee may conduct land-based gambling | 23 | | operations upon approval by the Board and payment of a fee of | 24 | | $250,000, which shall be deposited into the State Gaming Fund. | 25 | | (l) An owners licensee may conduct gaming at a temporary | 26 | | facility pending the construction of a permanent facility or |
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| 1 | | the remodeling or relocation of an existing facility to | 2 | | accommodate gaming participants for up to 24 months after the | 3 | | temporary facility begins to conduct gaming. Upon request by | 4 | | an owners licensee and upon a showing of good cause by the | 5 | | owners licensee, the Board shall extend the period during | 6 | | which the licensee may conduct gaming at a temporary facility | 7 | | by up to 12 months. The Board shall make rules concerning the | 8 | | conduct of gaming from temporary facilities. | 9 | | (Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18; | 10 | | 101-31, eff. 6-28-19; 101-648, eff. 6-30-20; revised 8-19-20.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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