Full Text of SB3203 102nd General Assembly
SB3203 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3203 Introduced 1/14/2022, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED: |
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Amends the Charitable Games Act. Requires a licensee seeking to sponsor more than 4 charitable game nights per year to pay an additional nonrefundable fee of $50 for each additional night to the Department of Revenue at least 30 days prior to the night or nights the licensee wishes to conduct such games. Prohibits a licensee from sponsoring more than 12 charitable game nights per year. Removes provisions that provide that persons in charge of the necessary day-to-day operations of the charitable games have not participated in the operation of more than 12 charitable games and those persons have not received compensation for participating in the operation of the games. Prohibits the Department from issuing a license permitting a person, firm, or corporation to sponsor a charitable games night if the premises for the conduct of the charitable games has been previous used for 48 (instead of 12) charitable games nights during the previous 12 months. Requires the Department to license providers of charitable games at a nonrefundable biennial fee of $400 (instead of an annual fee of $50 or a nonrefundable triennial license fee of $150). Provides that each providers' license is valid for 2 years (instead of one year or 3 years for a triennial license). Provides that the Department shall receive a fee of $200 for a one year extension. Allows a licensee who conducts charitable games on its own premises to obtain a providers' license to allow the licensee to provide its premises to another licensee for the conducting of an additional 12 (instead of 4) charitable games events. Provides that the maximum number of charitable games events that may be held at any one premises is limited to 48 (instead of 12) charitable games events per calendar year. Removes provisions that provide that: no person except a bona fide member or employee of the sponsoring organization may participate in the management or operation of the game; no person may receive any compensation from any source for participating in the operation of the game; and no employee, owner, or officer of a consultant service hired by a licensed organization to perform services at the event may participate in the operation of the games.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Charitable Games Act is amended by changing | 5 | | Sections 3, 4, 5, 5.1, and 8 as follows:
| 6 | | (230 ILCS 30/3) (from Ch. 120, par. 1123)
| 7 | | Sec. 3. The Department of Revenue shall, upon application | 8 | | therefor
on forms prescribed by the Department, and upon the | 9 | | payment of a nonrefundable
fee of $400 due upon application | 10 | | and each renewal, and upon a determination by the Department | 11 | | that the applicant
meets all of the qualifications specified | 12 | | in this Act, issue a
charitable games license for the | 13 | | conducting of charitable games to any
of the following:
| 14 | | (i) Any local fraternal mutual benefit organization | 15 | | chartered at least
40 years before it applies for a | 16 | | license under this Act.
| 17 | | (ii) Any qualified organization organized in Illinois | 18 | | which operates
without profit to its members, which has | 19 | | been in existence in Illinois
continuously for a period of | 20 | | 5 years immediately before making application for
a | 21 | | license and which has had during that 5 year period a bona | 22 | | fide membership
engaged in carrying out its objects. | 23 | | However, the 5 year requirement shall be
reduced to 2 |
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| 1 | | years, as applied to a local organization which is | 2 | | affiliated with
and chartered by a national organization | 3 | | which meets the 5 year requirement.
The period of | 4 | | existence specified above shall not apply to a qualified
| 5 | | organization, organized for charitable purpose, created by | 6 | | a fraternal
organization that meets the existence | 7 | | requirements if the charitable
organization has the same | 8 | | officers and directors as the fraternal organization.
Only | 9 | | one charitable organization created by a branch lodge or | 10 | | chapter of a
fraternal organization may be licensed under | 11 | | this provision.
| 12 | | The application shall be signed by a person listed on the | 13 | | application as an owner, officer, or other person in charge of | 14 | | the necessary day-to-day operations of the applicant | 15 | | organization, who shall attest under penalties of perjury that | 16 | | the information contained in the application is true, correct, | 17 | | and complete.
| 18 | | Each license shall be in effect for 2 years from its date | 19 | | of
issuance unless extended, suspended, or revoked by | 20 | | Department action before that date.
Any extension shall not | 21 | | exceed one year. The Department may by rule authorize the | 22 | | filing by electronic means of any application, license, | 23 | | permit, return, or registration required under this Act. A | 24 | | licensee may hold only one license. Each license must be | 25 | | applied for at
least 30 days prior to the night or nights the | 26 | | licensee wishes to conduct
such games. A licensee seeking to |
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| 1 | | sponsor more than 4 charitable game nights per year shall pay | 2 | | an additional nonrefundable fee of $50 for each additional | 3 | | night to the Department at least 30 days prior to the night or | 4 | | nights the licensee wishes to conduct such games. A licensee | 5 | | shall not sponsor more than 12 charitable game nights per | 6 | | year. The Department may issue a license to a licensee that | 7 | | applies less than 30 days prior to the night or nights the | 8 | | licensee wishes to conduct the games if all other requirements | 9 | | of this Act are met and the Department has sufficient time and | 10 | | resources to issue the license in a timely manner. The | 11 | | Department may provide by rule for an extension of any | 12 | | charitable games license issued under this Act. If a licensee | 13 | | wishes to conduct games at a location other than
the locations | 14 | | originally specified in the license, the licensee shall
notify | 15 | | the Department of the proposed alternate location at least 30 | 16 | | days
before the night on which the licensee wishes to conduct | 17 | | games at the
alternate location. The Department may accept an | 18 | | applicant's change in location with less than 30 days' notice | 19 | | if all other requirements of this Act are met and the | 20 | | Department has sufficient time and resources to process the | 21 | | change in a timely manner.
| 22 | | All taxes and fees imposed by this Act, unless otherwise | 23 | | specified, shall be paid into the Illinois Gaming Law | 24 | | Enforcement Fund of the State Treasury.
| 25 | | (Source: P.A. 98-377, eff. 1-1-14.)
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| 1 | | (230 ILCS 30/4) (from Ch. 120, par. 1124)
| 2 | | Sec. 4. Licensing Restrictions. Licensing for the | 3 | | conducting of
charitable games is subject to the following | 4 | | restrictions:
| 5 | | (1) The license application, when submitted to the | 6 | | Department of Revenue,
must contain a sworn statement | 7 | | attesting to the not-for-profit character
of the | 8 | | prospective licensee organization, signed by a person | 9 | | listed on the application as an owner, officer, or other | 10 | | person in charge of the necessary day-to-day operations. | 11 | | The application shall contain the
name of the person in | 12 | | charge of and primarily responsible for the
conduct of the | 13 | | charitable games. The person so designated shall be
| 14 | | present on the premises continuously during charitable | 15 | | games.
| 16 | | (2) The license application shall be prepared by the | 17 | | prospective
licensee organization or its duly authorized | 18 | | representative in accordance
with the
rules of the | 19 | | Department of Revenue.
| 20 | | (2.1) The organization shall maintain among its books | 21 | | and records a list of the names,
addresses, social | 22 | | security numbers, and dates of birth of all persons who | 23 | | will
participate in the management or operation of the | 24 | | games, along with a sworn
statement made under penalties | 25 | | of perjury, signed by a person listed on the application | 26 | | as an owner, officer, or other person in charge of the |
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| 1 | | necessary day-to-day operations, that the persons listed | 2 | | as participating in the
management or operation of the | 3 | | games are bona fide members, volunteers as
defined in | 4 | | Section 2, or employees of the applicant, or are paid in | 5 | | compliance with the Minimum Wage Law for the management or | 6 | | operation of the charitable games that these persons have
| 7 | | not
participated in the management or operation of more | 8 | | than 12 charitable games
events conducted by any licensee | 9 | | in the calendar year, and that these persons
will receive | 10 | | no remuneration or compensation, directly or indirectly | 11 | | from any
source, for participating in the management or | 12 | | operation of the games . Any
amendments to this listing | 13 | | must contain an identical sworn statement.
| 14 | | (2.2) (Blank).
| 15 | | (3) Each license shall state the date, hours and
at | 16 | | what
locations the licensee is permitted to conduct | 17 | | charitable games.
| 18 | | (4) Each licensee shall file a copy of the license | 19 | | with each
police
department or, if in unincorporated | 20 | | areas, each sheriff's office whose
jurisdiction includes | 21 | | the premises on which the charitable games are
authorized | 22 | | under the license.
| 23 | | (5) The licensee shall prominently display the license | 24 | | in the
area where the licensee is to conduct charitable | 25 | | games. The licensee shall likewise display, in the form | 26 | | and manner prescribed by the Department, the provisions of |
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| 1 | | Section 9 of this Act.
| 2 | | (6) (Blank).
| 3 | | (7) (Blank).
| 4 | | (8) A license is not assignable or transferable.
| 5 | | (9) The Unless the premises for conducting charitable | 6 | | games are provided by
a
municipality, the Department shall | 7 | | not issue a license
permitting a
person, firm
or | 8 | | corporation to sponsor a charitable games night if the | 9 | | premises for the
conduct of the charitable games has been | 10 | | previously used for 48 12
charitable
games nights during | 11 | | the previous 12 months.
| 12 | | (10) Auxiliary organizations of a licensee shall not | 13 | | be
eligible for a
license to conduct charitable games, | 14 | | except for auxiliary organizations
of veterans | 15 | | organizations as authorized in Section 2.
| 16 | | (11) Charitable games must be conducted in accordance | 17 | | with
local
building and fire code requirements.
| 18 | | (12) The licensee shall consent to allowing the | 19 | | Department's
employees
to be present on the premises | 20 | | wherein the charitable games are conducted
and to inspect | 21 | | or test equipment, devices and supplies used in the | 22 | | conduct
of the game.
| 23 | | Nothing in this Section shall be construed to prohibit a | 24 | | licensee that
conducts charitable games on its own premises | 25 | | from also obtaining a
providers' license in accordance with | 26 | | Section 5.1.
The maximum number of charitable games events |
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| 1 | | that may be held in any one
premises is limited to no more than | 2 | | 48 12 charitable games events per calendar year.
| 3 | | (Source: P.A. 98-377, eff. 1-1-14; 98-1071, eff. 8-26-14.)
| 4 | | (230 ILCS 30/5) (from Ch. 120, par. 1125)
| 5 | | Sec. 5. Providers' License. The Department shall issue a | 6 | | providers'
license permitting a person, firm or corporation to | 7 | | provide
premises for the conduct of charitable games. No | 8 | | person, firm or
corporation may rent or otherwise provide | 9 | | premises without having first
obtained a license. Applications | 10 | | for providers' licenses shall be made in writing in accordance | 11 | | with Department rules. Beginning on the effective date of this | 12 | | amendatory Act of the 102nd General Assembly, the The | 13 | | Department shall license providers of charitable games at a | 14 | | nonrefundable biennial fee of $400 annual fee of $50, or | 15 | | nonrefundable triennial license fee of $150 . Each providers' | 16 | | license is valid for 2 years one year
from the date of | 17 | | issuance, or 3 years from date of issuance for a triennial | 18 | | license, unless extended, suspended,
or revoked by Department | 19 | | action
before
that date. Any extension of a providers' license | 20 | | shall not exceed one year. The Department shall receive a fee | 21 | | of $200 for a one year extension. A license issued before the | 22 | | effective date of this amendatory Act of the 102nd General | 23 | | Assembly shall remain valid until its expiration unless | 24 | | otherwise suspended or revoked by the Department. A provider | 25 | | may receive reasonable compensation for the provision
of the |
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| 1 | | premises. Reasonable expenses shall include only those | 2 | | expenses defined as reasonable by rules adopted by the | 3 | | Department. A provider, other than a
municipality, may not | 4 | | provide
the same premises for conducting more than 12 | 5 | | charitable games nights
per year.
A provider shall not have | 6 | | any interest in any suppliers' business, either
direct or | 7 | | indirect.
A municipality may provide the same premises for | 8 | | conducting 48 charitable
games nights during a 12-month | 9 | | period. No employee, officer, or owner of a
provider may | 10 | | participate in the management or operation of a charitable | 11 | | games
event, even if the employee, officer, or owner is also a | 12 | | member, volunteer, or
employee of the charitable games | 13 | | licensee. A provider may not promote or
solicit a charitable | 14 | | games event on behalf of a charitable games licensee or
| 15 | | qualified organization.
Any qualified organization licensed to | 16 | | conduct a
charitable game need not obtain a providers' license | 17 | | if such games are to
be conducted on the organization's | 18 | | premises.
| 19 | | (Source: P.A. 98-377, eff. 1-1-14.)
| 20 | | (230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
| 21 | | Sec. 5.1. If a licensee conducts charitable games on its | 22 | | own premises,
the licensee may also obtain a providers' | 23 | | license in accordance with
Section 5 to allow the licensee to | 24 | | rent or otherwise provide its
premises to another licensee for | 25 | | the conducting of an additional 12 4
charitable games events. |
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| 1 | | The maximum number of charitable games events that
may be held | 2 | | at any one premises is limited to 48 12 charitable games events | 3 | | per
calendar year.
| 4 | | (Source: P.A. 98-1071, eff. 8-26-14.)
| 5 | | (230 ILCS 30/8) (from Ch. 120, par. 1128)
| 6 | | Sec. 8. The conducting of charitable games is subject to | 7 | | the following
restrictions:
| 8 | | (1) The entire net proceeds from charitable games must | 9 | | be exclusively
devoted to the lawful purposes of the | 10 | | organization permitted to conduct
that game.
| 11 | | (2) (Blank). No person except a bona fide member or | 12 | | employee of the
sponsoring organization, or a volunteer | 13 | | recruited by the sponsoring
organization, may participate | 14 | | in the management or operation of the
game.
A person | 15 | | participates in the management or operation of a | 16 | | charitable game
when he or she sells admission tickets at | 17 | | the event; sells, redeems, or in any
way assists in the | 18 | | selling or redeeming of chips, scrip, or play money;
| 19 | | participates in the
conducting of any of the games played | 20 | | during the event, or supervises, directs
or instructs | 21 | | anyone conducting a game; or at any time during the hours | 22 | | of the
charitable games event counts, handles, or | 23 | | supervises anyone counting or
handling any of the proceeds | 24 | | or chips, scrip, or play money at the event. A
person who | 25 | | is present to
ensure that the games are being conducted in |
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| 1 | | conformance with the rules
established by the licensed | 2 | | organization or is present to insure that the
equipment is | 3 | | working
properly is considered to be participating in the | 4 | | management or operation of a
game. Setting up, cleaning | 5 | | up, selling food and drink, or providing security
for | 6 | | persons or property at the event does not constitute | 7 | | participation in the
management or operation of the game.
| 8 | | Only bona fide members, volunteers as defined in | 9 | | Section 2 of this Act, and
employees of the sponsoring | 10 | | organization may participate in the management or
| 11 | | operation of the games. Participation in the management or
| 12 | | operation
of the games is limited to no more than 12 | 13 | | charitable games events, either of the sponsoring | 14 | | organization or any other licensed organization, during a | 15 | | calendar year.
| 16 | | (3) (Blank). No person may receive any remuneration or | 17 | | compensation either
directly or
indirectly from any source | 18 | | for
participating in the management or operation of the | 19 | | game.
| 20 | | (4) No single bet at any house-banked game may exceed | 21 | | $20.
| 22 | | (5) A bank shall be established on the premises to | 23 | | convert currency into
chips, scrip, or other form of play | 24 | | money which shall then be used to play
at
games of chance | 25 | | which the participant chooses. Chips, scrip, or play money
| 26 | | must be permanently monogrammed with the supplier license |
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| 1 | | number or logo or charitable games license number of a | 2 | | licensed organization or of the
supplier. Each participant | 3 | | must be issued a receipt indicating the amount
of chips, | 4 | | scrip, or play money purchased.
| 5 | | (6) At the conclusion of the event or when the | 6 | | participant leaves, he or she
may cash in his or her chips, | 7 | | scrip, or play money in exchange for currency not to
| 8 | | exceed $500 in cash winnings , up to $5,000 in the form of a | 9 | | cashier's check, teller's check, or certified check, or | 10 | | unlimited noncash prizes. Each participant shall sign for | 11 | | any receipt
of prizes. The licensee shall provide the | 12 | | Department of Revenue with a
listing of all prizes | 13 | | awarded, including the retail value of all prizes awarded.
| 14 | | (7) Each licensee shall be permitted to conduct | 15 | | charitable games on
not more than 12 4 days each year. | 16 | | Nothing in this Section shall be construed to prohibit a | 17 | | licensee that conducts charitable games on its own | 18 | | premises from also obtaining a providers' license in | 19 | | accordance with Section 7 of this Act.
| 20 | | (8) The Unless the provider of the premises is a | 21 | | municipality, the
provider of the premises may not rent or | 22 | | otherwise provide the
premises for the conducting of more | 23 | | than 48 12 charitable games nights per calendar year.
| 24 | | (9) A charitable games event is considered to be a | 25 | | one-day event and charitable games may not be played | 26 | | between the hours of 2:00 a.m.
and noon.
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| 1 | | (10) No person under the age of 18 years may play or | 2 | | participate in the
conducting of charitable games. Any | 3 | | person under the age of 18 years
may be within the area | 4 | | where charitable games are being played only
when | 5 | | accompanied by his parent or guardian.
| 6 | | (11) No one other than the sponsoring organization
of | 7 | | charitable games must have a proprietary
interest in the | 8 | | game promoted.
| 9 | | (12) Raffles or other forms of gambling prohibited by | 10 | | law shall not be
conducted on the premises where | 11 | | charitable games are being conducted.
| 12 | | (13) Such games are not expressly prohibited by county
| 13 | | ordinance for
charitable games conducted in the | 14 | | unincorporated areas of the county or
municipal ordinance | 15 | | for charitable games conducted in the municipality and
the | 16 | | ordinance is filed with the Department of Revenue. The | 17 | | Department
shall provide each county or municipality with | 18 | | a list of organizations
licensed or subsequently | 19 | | authorized by the Department to conduct
charitable games | 20 | | in their jurisdiction.
| 21 | | (14) The sale of tangible personal property at | 22 | | charitable games is
subject to all State and local taxes | 23 | | and obligations.
| 24 | | (15) Each licensee may offer or conduct only the games
| 25 | | listed
below,
which must be conducted in accordance with
| 26 | | rules posted by the organization. The organization |
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| 1 | | sponsoring charitable
games shall promulgate rules, and | 2 | | make printed copies available to
participants, for the | 3 | | following games: (a) roulette; (b) blackjack; (c)
poker; | 4 | | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | 5 | | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | 6 | | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | 7 | | merchandise wheel. A licensee need not offer or
conduct | 8 | | every game permitted by law.
The conducting of games not | 9 | | listed above is prohibited by this Act.
| 10 | | (16) No slot machines or coin-in-the-slot-operated | 11 | | devices
that allow a participant to play games of chance | 12 | | shall be permitted to be used at the location and during | 13 | | the time at which the charitable games are being | 14 | | conducted. However, establishments that have video gaming | 15 | | terminals licensed under the Video Gaming Act may operate | 16 | | them along with charitable games under rules adopted by | 17 | | the Department.
| 18 | | (17) No cards, dice, wheels, or other equipment may be | 19 | | modified or
altered
so as to give the licensee a greater | 20 | | advantage in winning, other than as
provided under the | 21 | | normal rules of play of a particular game.
| 22 | | (18) No credit shall be extended to any of the | 23 | | participants.
| 24 | | (19) (Blank).
| 25 | | (20) A supplier may have only one representative | 26 | | present at the charitable
games event, for the exclusive |
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| 1 | | purpose of ensuring that its equipment is not
damaged.
| 2 | | (21) (Blank). No employee, owner, or officer of a | 3 | | consultant service hired by a
licensed organization to | 4 | | perform services at the event including, but not
limited | 5 | | to, security for
persons or property at the event or | 6 | | services before the event including, but
not limited to, | 7 | | training for volunteers
or advertising may participate in | 8 | | the management or operation of the games.
| 9 | | (22) (Blank).
| 10 | | (Source: P.A. 98-377, eff. 1-1-14; 98-1071, eff. 8-26-14.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
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| 3 | | 230 ILCS 30/3 | from Ch. 120, par. 1123 |
| 4 | | 230 ILCS 30/4 | from Ch. 120, par. 1124 |
| 5 | | 230 ILCS 30/5 | from Ch. 120, par. 1125 |
| 6 | | 230 ILCS 30/5.1 | from Ch. 120, par. 1125.1 |
| 7 | | 230 ILCS 30/8 | from Ch. 120, par. 1128 |
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