Full Text of SB3312 98th General Assembly
SB3312enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 9-7 as follows:
| 6 | | (10 ILCS 5/9-7) (from Ch. 46, par. 9-7)
| 7 | | Sec. 9-7. Records and accounts. | 8 | | (1) Except as provided in subsection (2), the treasurer of | 9 | | a political committee shall keep a detailed and exact
account | 10 | | of-
| 11 | | (a) the total of all contributions made to or for the | 12 | | committee;
| 13 | | (b) the full name and mailing address of every person | 14 | | making a
contribution and the date and amount thereof;
| 15 | | (c) the total of all expenditures made by or on behalf | 16 | | of the committee;
| 17 | | (d) the full name and mailing address of every person | 18 | | to whom any
expenditure is made, and the date and amount | 19 | | thereof;
| 20 | | (e) proof of payment, stating the particulars, for | 21 | | every expenditure made by or on behalf of the committee.
| 22 | | The treasurer shall preserve all records and accounts | 23 | | required
by this section for a period of 2 years. |
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| 1 | | (2) The treasurer of a political committee shall keep a | 2 | | detailed and exact account of the total amount of contributions | 3 | | made to or for a committee at an event licensed under Section | 4 | | 8.1 of the Raffles and Poker Runs Act. For an event licensed | 5 | | under Section 8.1, the treasurer is not required to keep a | 6 | | detailed and exact account of the full name and mailing address | 7 | | of a person who purchases tickets at the event in an amount | 8 | | that does not exceed $150.
| 9 | | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
| 10 | | Section 10. The Raffles Act is amended by changing Sections | 11 | | 0.01, 1, 2, 3, 4, 5, 6, and 8 as follows:
| 12 | | (230 ILCS 15/0.01) (from Ch. 85, par. 2300)
| 13 | | Sec. 0.01. Short title. This Act may be cited as the
| 14 | | Raffles and Poker Runs Act.
| 15 | | (Source: P.A. 86-1324.)
| 16 | | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| 17 | | Sec. 1. Definitions. ) For the purposes of this Act the | 18 | | terms defined
in this Section have the meanings given them.
| 19 | | "Net Proceeds" means the gross receipts from the conduct of | 20 | | raffles, less
reasonable sums expended for prizes, local | 21 | | license fees and other reasonable
operating expenses incurred | 22 | | as a result of operating a raffle or poker run .
| 23 | | "Key location" means the location where the poker run |
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| 1 | | concludes and the prize or prizes are awarded. | 2 | | "Poker run" means an event organized by an organization | 3 | | licensed under this Act in which participants travel to | 4 | | multiple predetermined locations, including a key location, | 5 | | drawing a playing card or equivalent item at each location, in | 6 | | order to assemble a facsimile of a poker hand or other numeric | 7 | | score. "Poker run" includes dice runs, marble runs, or other | 8 | | events where the objective is to build the best hand or highest | 9 | | score by obtaining an item at each location. | 10 | | "Raffle" means a form of lottery, as defined in Section | 11 | | 28-2(b) of the
Criminal Code of 2012, conducted by an | 12 | | organization licensed under this Act, in which:
| 13 | | (1) the player pays or agrees to pay something of value | 14 | | for a chance,
represented and differentiated by a number or | 15 | | by a combination of numbers
or by some other medium, one or | 16 | | more of which chances is to be designated
the winning | 17 | | chance;
| 18 | | (2) the winning chance is to be determined through a | 19 | | drawing or by some
other method based on an element of | 20 | | chance by an act or set of acts on the
part of persons | 21 | | conducting or connected with the lottery, except that the
| 22 | | winning chance shall not be determined by the outcome of a | 23 | | publicly exhibited
sporting contest.
| 24 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 25 | | (230 ILCS 15/2) (from Ch. 85, par. 2302)
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| 1 | | Sec. 2. Licensing. | 2 | | (a) The governing body of any county or municipality
within | 3 | | this State may establish a system for the licensing of | 4 | | organizations
to operate raffles. The governing bodies of a | 5 | | county and one or more
municipalities may, pursuant to a | 6 | | written contract, jointly establish a
system for the licensing | 7 | | of organizations to operate raffles within any
area of | 8 | | contiguous territory not contained within the corporate limits | 9 | | of a
municipality which is not a party to such contract. The | 10 | | governing bodies
of two or more adjacent counties or two or | 11 | | more adjacent municipalities
located within a county may, | 12 | | pursuant to a written contract, jointly
establish a system for | 13 | | the licensing of organizations to operate raffles
within the | 14 | | corporate limits of such counties or municipalities. The
| 15 | | licensing authority may establish special categories of | 16 | | licenses and
promulgate rules relating to the various | 17 | | categories. The licensing system
shall provide for limitations | 18 | | upon (1) the aggregate retail value of all
prizes or | 19 | | merchandise awarded by a licensee in a single raffle, (2) the
| 20 | | maximum retail value of each prize awarded by a licensee in a | 21 | | single raffle,
(3) the maximum price which may be charged for | 22 | | each raffle chance issued
or sold and (4) the maximum number of | 23 | | days during which chances may be issued
or sold. The licensing | 24 | | system may include a fee for each license in an
amount to be | 25 | | determined by the local governing body. Licenses issued | 26 | | pursuant
to this Act shall be valid for one raffle or for a |
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| 1 | | specified number of
raffles to be conducted during a specified | 2 | | period not to exceed one year
and may be suspended or revoked
| 3 | | for any violation of this Act. A local governing body shall act | 4 | | on a license
application within 30 days from the date of | 5 | | application. Nothing in this
Act shall be construed to prohibit | 6 | | a county or municipality from adopting
rules or ordinances for | 7 | | the operation of raffles that are more restrictive
than | 8 | | provided for in this Act. The governing body of a municipality | 9 | | may
authorize the sale of raffle chances only within the | 10 | | borders of the
municipality. The governing body of the county | 11 | | may authorize the sale of
raffle chances only in those areas | 12 | | which are both within the borders of the
county and outside the | 13 | | borders of any municipality.
| 14 | | (a-5) The governing body of any county within this State | 15 | | may establish a system for the licensing of organizations to | 16 | | operate poker runs. The governing bodies of 2 or more adjacent | 17 | | counties may, pursuant to a written contract, jointly establish | 18 | | a system for the licensing of organizations to operate poker | 19 | | runs within the corporate limits of such counties. The | 20 | | licensing authority may establish special categories of | 21 | | licenses and adopt rules relating to the various categories. | 22 | | The licensing system may include a fee not to exceed $25 for | 23 | | each license. Licenses issued pursuant to this Act shall be | 24 | | valid for one poker run or for a specified number of poker runs | 25 | | to be conducted during a specified period not to exceed one | 26 | | year and may be suspended or revoked for any violation of this |
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| 1 | | Act. A local governing body shall act on a license application | 2 | | within 30 days after the date of application. | 3 | | (b) Licenses shall be issued only to bona fide religious, | 4 | | charitable,
labor, business, fraternal, educational or | 5 | | veterans' organizations that
operate without profit to their | 6 | | members and which have been in existence
continuously for a | 7 | | period of 5 years immediately before making application
for a | 8 | | license and which have had during that entire 5 year period a | 9 | | bona
fide membership engaged in carrying out their objects, or | 10 | | to a non-profit
fundraising organization that the licensing | 11 | | authority determines is
organized for the sole purpose of | 12 | | providing financial assistance to an
identified individual or | 13 | | group of individuals suffering extreme financial
hardship as | 14 | | the result of an illness, disability, accident or disaster. A | 15 | | licensing authority may waive the 5-year requirement under this | 16 | | subsection (b) for a bona fide religious, charitable, labor, | 17 | | business, fraternal, educational, or veterans' organization | 18 | | that applies for a license to conduct a poker run if the | 19 | | organization is a local organization that is affiliated with | 20 | | and chartered by a national or State organization that meets | 21 | | the 5-year requirement.
| 22 | | For purposes of this Act, the following definitions apply. | 23 | | Non-profit:
An organization or institution organized and | 24 | | conducted on a not-for-profit
basis with no personal profit | 25 | | inuring to any one as a result of the operation.
Charitable: An | 26 | | organization or institution organized and operated to benefit
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| 1 | | an indefinite number of the public. The service rendered to | 2 | | those eligible
for benefits must also confer some benefit on | 3 | | the public. Educational:
An organization or institution | 4 | | organized and operated to provide systematic
instruction in | 5 | | useful branches of learning by methods common to schools
and | 6 | | institutions of learning which compare favorably in their scope | 7 | | and
intensity with the course of study presented in | 8 | | tax-supported schools.
Religious: Any church, congregation, | 9 | | society, or organization founded for
the purpose of religious | 10 | | worship. Fraternal: An organization of persons
having a common | 11 | | interest, the primary interest of which is to both promote
the | 12 | | welfare of its members and to provide assistance to the general | 13 | | public
in such a way as to lessen the burdens of government by | 14 | | caring for those
that otherwise would be cared for by the | 15 | | government. Veterans: An organization
or association comprised | 16 | | of members of which substantially all are individuals
who are | 17 | | veterans or spouses, widows, or widowers of veterans, the | 18 | | primary
purpose of which is to promote the welfare of its | 19 | | members and to provide
assistance to the general public in such | 20 | | a way as to confer a public benefit.
Labor: An organization | 21 | | composed of workers organized with the objective
of betterment | 22 | | of the conditions of those engaged in such pursuit and the
| 23 | | development of a higher degree of efficiency in their | 24 | | respective occupations.
Business: A voluntary organization | 25 | | composed of individuals and businesses
who have joined together | 26 | | to advance the commercial, financial, industrial
and civic |
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| 1 | | interests of a community.
| 2 | | (c) Poker runs shall be licensed by the governing body with | 3 | | jurisdiction over the key location. The license granted by the | 4 | | key location shall cover the entire poker run, including | 5 | | locations other than the key location. Each license issued | 6 | | shall include the name and address of each predetermined | 7 | | location. | 8 | | (Source: P.A. 86-820.)
| 9 | | (230 ILCS 15/3) (from Ch. 85, par. 2303)
| 10 | | Sec. 3.
License - Application - Issuance - Restrictions - | 11 | | Persons
ineligible. Licenses issued by the governing body of | 12 | | any county or municipality are
subject to the following | 13 | | restrictions:
| 14 | | (1) No person, firm or corporation shall conduct raffles or | 15 | | chances or poker runs without
having first obtained a license | 16 | | therefor pursuant to this Act.
| 17 | | (2) The license and application for license must specify | 18 | | the area or areas
within the licensing authority in which | 19 | | raffle chances will be sold or issued or a poker run will be | 20 | | conducted ,
the time period during which raffle chances will be | 21 | | sold or issued or a poker run will be conducted , the
time of | 22 | | determination of winning chances and the location or locations | 23 | | at
which winning chances will be determined.
| 24 | | (3) The license application must contain a sworn statement | 25 | | attesting to
the not-for-profit character of the prospective |
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| 1 | | licensee organization, signed
by the presiding officer and the | 2 | | secretary of that organization.
| 3 | | (4) The application for license shall be prepared in | 4 | | accordance with the
ordinance of the local governmental unit.
| 5 | | (5) A license authorizes the licensee to conduct raffles or | 6 | | poker runs as defined in
this Act.
| 7 | | The following are ineligible for any license under this | 8 | | Act:
| 9 | | (a) any person who has been convicted of a felony;
| 10 | | (b) any person who is or has been a professional gambler or | 11 | | gambling promoter;
| 12 | | (c) any person who is not of good moral character;
| 13 | | (d) any firm or corporation in which a person defined in | 14 | | (a), (b) or (c)
has a proprietary, equitable or credit | 15 | | interest, or in which such a person
is active or employed;
| 16 | | (e) any organization in which a person defined in (a), (b) | 17 | | or (c) is an
officer, director, or employee, whether | 18 | | compensated or not;
| 19 | | (f) any organization in which a person defined in (a), (b) | 20 | | or (c) is to
participate in the management or operation of a | 21 | | raffle as defined in this Act.
| 22 | | (Source: P.A. 85-160.)
| 23 | | (230 ILCS 15/4) (from Ch. 85, par. 2304)
| 24 | | Sec. 4. Conduct of raffles and poker runs .
| 25 | | (a) The conducting of raffles and poker runs is subject to |
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| 1 | | the following restrictions:
| 2 | | (1) The entire net proceeds of any raffle or poker run | 3 | | must be exclusively devoted
to the lawful purposes of the | 4 | | organization permitted to conduct that game.
| 5 | | (2) No person except a bona fide member of the | 6 | | sponsoring organization
may participate in the management | 7 | | or operation of the raffle or poker run .
| 8 | | (3) No person may receive any remuneration or profit | 9 | | for participating
in the management or operation of the | 10 | | raffle or poker run .
| 11 | | (4) A licensee may rent a premises on which to | 12 | | determine the winning
chance or chances in a raffle only | 13 | | from an organization which is also licensed
under this Act. | 14 | | A premises where a poker run is held is not required to | 15 | | obtain a license if the name and location of the premises | 16 | | is listed as a predetermined location on the license issued | 17 | | for the poker run and the premises does not charge for use | 18 | | of the premises.
| 19 | | (5) Raffle chances may be sold or issued only within | 20 | | the area specified
on the license and winning chances may | 21 | | be determined only at those locations
specified on the | 22 | | license for a raffle .
| 23 | | (6) A person under the age of 18 years may participate | 24 | | in the conducting
of raffles or chances or poker runs only | 25 | | with the permission of a parent or guardian.
A person under | 26 | | the age of 18 years may be within the area where winning |
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| 1 | | chances in a raffle or winning hands or scores in a poker | 2 | | run
are being determined only when accompanied by his | 3 | | parent or guardian.
| 4 | | (b) If a lessor rents premises where a winning chance or | 5 | | chances on a
raffle or a winning hand or score in a poker run is | 6 | | are determined, the lessor shall not be criminally liable if | 7 | | the
person who uses the premises for the determining of winning | 8 | | chances does not
hold a license issued by the governing body of | 9 | | any county or municipality
under the provisions of this Act.
| 10 | | (Source: P.A. 87-1271.)
| 11 | | (230 ILCS 15/5) (from Ch. 85, par. 2305)
| 12 | | Sec. 5. Manager; bond Raffles - manager - bond . All | 13 | | operation of and the conduct
of raffles and poker runs shall be | 14 | | under the supervision of a single raffles manager
designated by | 15 | | the organization. The manager shall give a fidelity bond in an
| 16 | | amount determined by the licensing authority in favor of the
| 17 | | organization conditioned upon his honesty in the performance of | 18 | | his duties.
Terms of the bond shall provide that notice shall | 19 | | be given in writing to the
licensing authority not less than 30 | 20 | | days prior to its cancellation. The
governing body of a local | 21 | | unit of government may waive this bond requirement by
including | 22 | | a waiver provision in the license issued to an organization | 23 | | under
this Act, provided that a license containing such waiver | 24 | | provision shall be
granted only by unanimous vote of the | 25 | | members of the licensed organization.
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| 1 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 2 | | (230 ILCS 15/6) (from Ch. 85, par. 2306)
| 3 | | Sec. 6.
Records. ) | 4 | | (a) Each organization licensed to conduct raffles and
| 5 | | chances or poker run events shall keep records of its gross | 6 | | receipts, expenses and net proceeds
for each single gathering | 7 | | or occasion at which winning chances in a raffle or winning | 8 | | hands or scores in a poker run are determined.
All deductions | 9 | | from gross receipts for each single gathering or occasion
shall | 10 | | be documented with receipts or other records indicating the | 11 | | amount,
a description of the purchased item or service or other | 12 | | reason for the deduction,
and the recipient. The distribution | 13 | | of net proceeds shall be itemized as
to payee, purpose, amount | 14 | | and date of payment.
| 15 | | (b) Gross receipts from the operation of raffles programs | 16 | | or poker runs shall be segregated
from other revenues of the | 17 | | organization, including bingo gross receipts,
if bingo games | 18 | | are also conducted by the same nonprofit organization pursuant
| 19 | | to license therefor issued by the Department of Revenue of the | 20 | | State of
Illinois, and placed in a separate account. Each | 21 | | organization shall have
separate records of its raffles and | 22 | | poker runs . The person who accounts for gross receipts,
| 23 | | expenses and net proceeds from the operation of raffles or | 24 | | poker runs shall not be the
same person who accounts for other | 25 | | revenues of the organization.
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| 1 | | (c) Each organization licensed to conduct raffles or poker | 2 | | runs shall report promptly
after the conclusion of each raffle | 3 | | or poker run
to its membership, and to the licensing local unit | 4 | | of government, its gross
receipts, expenses and net proceeds | 5 | | from raffles or poker runs , and the distribution of
net | 6 | | proceeds itemized as required in this Section.
| 7 | | (d) Records required by this Section shall be preserved for | 8 | | 3 years, and
organizations shall make available their records | 9 | | relating to operation of
raffles or poker runs for public | 10 | | inspection at reasonable times and places.
| 11 | | (Source: P.A. 82-711.)
| 12 | | (230 ILCS 15/8) (from Ch. 85, par. 2308)
| 13 | | Sec. 8.
Nothing in this Act shall be construed to authorize | 14 | | the conducting
or operating of any gambling scheme, enterprise, | 15 | | activity or device other
than raffles or poker runs as provided | 16 | | for herein.
| 17 | | (Source: P.A. 81-1365.)
| 18 | | Section 15. The Charitable Games Act is amended by changing | 19 | | Section 2 as follows:
| 20 | | (230 ILCS 30/2) (from Ch. 120, par. 1122)
| 21 | | Sec. 2. Definitions. For purposes of this Act, the | 22 | | following definitions
apply:
| 23 | | "Charitable games" means the 14 games of chance involving |
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| 1 | | cards, dice, wheels, random selection of numbers, and gambling | 2 | | tickets which may be conducted at charitable games events | 3 | | listed as follows: roulette, blackjack, poker, pull tabs, | 4 | | craps, bang, beat the dealer, big six, gin rummy, five card | 5 | | stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | 6 | | wheel. | 7 | | "Charitable games event" or "event" means the type of | 8 | | fundraising event authorized by the Act at which participants | 9 | | pay to play charitable games for the chance of winning cash or | 10 | | noncash prizes. "Charitable games event" or "event" includes a | 11 | | poker run. | 12 | | "Charitable organization" means an organization or | 13 | | institution organized and operated to benefit an indefinite | 14 | | number of the public. | 15 | | "Chips" means scrip, play money, poker or casino chips, or | 16 | | any other representations of money, used to make wagers on the | 17 | | outcome of any charitable game. | 18 | | "Department" means the Department of Revenue.
| 19 | | "Educational organization" means an organization or | 20 | | institution organized and operated to provide systematic | 21 | | instruction in useful branches of learning by methods common to | 22 | | schools and institutions of learning which compare favorably in | 23 | | their scope and intensity with the course of study presented in | 24 | | tax-supported schools. | 25 | | "Fraternal organization" means an organization of persons | 26 | | having a common interest that is organized and operated |
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| 1 | | exclusively to promote the welfare of its members and to | 2 | | benefit the general public on a continuing and consistent | 3 | | basis, including but not limited to ethnic organizations.
| 4 | | "Labor organization" means an organization composed of | 5 | | labor unions or
workers organized with the objective of | 6 | | betterment of the conditions of
those engaged in such pursuit | 7 | | and the development of a higher degree of
efficiency in their | 8 | | respective occupations.
| 9 | | "Licensed organization" means a qualified organization | 10 | | that has obtained a license to conduct a charitable games event | 11 | | in conformance with the provisions of this Act. | 12 | | "Non-profit organization" means an organization or | 13 | | institution organized and conducted on a not-for-profit basis | 14 | | with no personal profit inuring to anyone as a result of the | 15 | | operation.
| 16 | | "Organization" means a : A corporation, agency, | 17 | | partnership,
association, firm, business, or other entity | 18 | | consisting of 2 or more persons joined by
a common interest or | 19 | | purpose.
| 20 | | "Person" means any natural individual, corporation, | 21 | | partnership, limited
liability company, organization as | 22 | | defined in this
Section, qualified organization, licensed | 23 | | organization, licensee under this Act, or volunteer.
| 24 | | "Poker run" means an event organized by a sponsoring | 25 | | organization in which participants travel to 5 or more | 26 | | predetermined locations, drawing a playing card or equivalent |
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| 1 | | item at each location, in order to assemble a facsimile of a | 2 | | poker hand or other numeric score. "Poker run" includes dice | 3 | | runs, marble runs, or other events where the objective is to | 4 | | build the best hand or highest score by obtaining an item at | 5 | | each location. | 6 | | "Premises" means a distinct parcel of land and the | 7 | | buildings thereon. | 8 | | "Provider" means the person or organization owning, | 9 | | leasing, or controlling premises upon which any charitable | 10 | | games event is to be conducted.
| 11 | | "Qualified organization" means:
| 12 | | (a) a charitable, religious, fraternal, veterans, | 13 | | labor, educational
organization, or other institution | 14 | | organized and conducted on a not-for-profit
basis with no | 15 | | personal profit inuring to anyone as a result of the
| 16 | | operation and which is exempt from federal income taxation | 17 | | under Sections
501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), | 18 | | 501(c)(10) or 501(c)(19) of the
Internal Revenue Code;
| 19 | | (b) a veterans organization as defined in Section 1.1
| 20 | | of the
"Bingo License and Tax Act" organized
and conducted | 21 | | on a not-for-profit basis with no personal profit inuring | 22 | | to
anyone as a result of the operation; or
| 23 | | (c) An auxiliary organization of a veterans | 24 | | organization.
| 25 | | "Religious organization" means any church, congregation, | 26 | | society, or organization founded for the purpose of religious |
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| 1 | | worship. | 2 | | "Sponsoring organization" means a qualified organization | 3 | | that has obtained a
license to conduct a charitable games event | 4 | | in conformance with the provisions
of this Act.
| 5 | | "Supplier" means any person, firm, or corporation that | 6 | | sells, leases, lends, distributes, or otherwise provides to any | 7 | | organization licensed to conduct charitable games events in | 8 | | Illinois any charitable games equipment.
| 9 | | "Veterans' organization" means an organization comprised | 10 | | of members of which substantially all are individuals who are | 11 | | veterans or spouses, widows, or widowers of veterans, the | 12 | | primary purpose of which is to promote the welfare of its | 13 | | members and to provide assistance to the general public in such | 14 | | a way as to confer a public benefit. | 15 | | "Volunteer" means a person recruited by a licensed | 16 | | organization who voluntarily performs services at a charitable | 17 | | games event, including participation in the management or | 18 | | operation of a game, as defined in Section 8.
| 19 | | (Source: P.A. 98-426, eff. 8-16-13.)
| 20 | | Section 20. The Liquor Control Act of 1934 is amended by | 21 | | changing Section 6-2 as follows:
| 22 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 23 | | Sec. 6-2. Issuance of licenses to certain persons | 24 | | prohibited.
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| 1 | | (a) Except as otherwise provided in subsection (b) of this | 2 | | Section and in paragraph (1) of subsection (a) of Section 3-12, | 3 | | no license
of any kind issued by the State Commission or any | 4 | | local
commission shall be issued to:
| 5 | | (1) A person who is not a resident of any city, village | 6 | | or county in
which the premises covered by the license are | 7 | | located; except in case of
railroad or boat licenses.
| 8 | | (2) A person who is not of good character and | 9 | | reputation in the
community in which he resides.
| 10 | | (3) A person who is not a citizen of the United States.
| 11 | | (4) A person who has been convicted of a felony under | 12 | | any Federal or
State law, unless the Commission determines | 13 | | that such
person has been sufficiently rehabilitated to | 14 | | warrant the public trust
after considering matters set | 15 | | forth in such person's application and the
Commission's | 16 | | investigation. The burden of proof of sufficient
| 17 | | rehabilitation shall be on the applicant.
| 18 | | (5) A person who has been convicted of keeping a place | 19 | | of prostitution or keeping a place of juvenile | 20 | | prostitution, promoting prostitution that involves keeping | 21 | | a place of prostitution, or promoting juvenile | 22 | | prostitution that involves keeping a place of juvenile | 23 | | prostitution.
| 24 | | (6) A person who has been convicted of pandering or | 25 | | other crime or
misdemeanor opposed to decency and morality.
| 26 | | (7) A person whose license issued under this Act has |
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| 1 | | been revoked for
cause.
| 2 | | (8) A person who at the time of application for renewal | 3 | | of any license
issued hereunder would not be eligible for | 4 | | such license upon a first
application.
| 5 | | (9) A copartnership, if any general partnership | 6 | | thereof, or any
limited partnership thereof, owning more | 7 | | than 5% of the aggregate limited
partner interest in such | 8 | | copartnership would not be eligible to receive a
license | 9 | | hereunder for any reason other than residence within the | 10 | | political
subdivision, unless residency is required by | 11 | | local ordinance.
| 12 | | (10) A corporation or limited liability company, if any | 13 | | member, officer, manager or director thereof, or
any | 14 | | stockholder or stockholders owning in the aggregate more | 15 | | than 5% of the
stock of such corporation, would not be | 16 | | eligible to receive a license
hereunder for any reason | 17 | | other than citizenship and residence within the
political | 18 | | subdivision.
| 19 | | (10a) A corporation or limited liability company | 20 | | unless it is incorporated or organized in Illinois, or | 21 | | unless it
is a foreign corporation or foreign limited | 22 | | liability company which is qualified under the Business
| 23 | | Corporation Act of 1983 or the Limited Liability Company | 24 | | Act to transact business in Illinois. The Commission shall | 25 | | permit and accept from an applicant for a license under | 26 | | this Act proof prepared from the Secretary of State's |
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| 1 | | website that the corporation or limited liability company | 2 | | is in good standing and is qualified under the Business
| 3 | | Corporation Act of 1983 or the Limited Liability Company | 4 | | Act to transact business in Illinois.
| 5 | | (11) A person whose place of business is conducted by a | 6 | | manager or agent
unless the manager or agent possesses the | 7 | | same qualifications required by
the licensee.
| 8 | | (12) A person who has been convicted of a violation of | 9 | | any Federal or
State law concerning the manufacture, | 10 | | possession or sale of alcoholic
liquor, subsequent to the | 11 | | passage of this Act or has forfeited his bond to
appear in | 12 | | court to answer charges for any such violation.
| 13 | | (13) A person who does not beneficially own the | 14 | | premises for which a
license is sought, or does not have a | 15 | | lease thereon for the full period for
which the license is | 16 | | to be issued.
| 17 | | (14) Any law enforcing public official, including | 18 | | members
of local liquor control commissions,
any mayor, | 19 | | alderman, or member of the
city council or commission, any | 20 | | president of the village board of trustees,
any member of a | 21 | | village board of trustees, or any president or member of a
| 22 | | county board; and no such official shall have a direct | 23 | | interest in the
manufacture, sale, or distribution of | 24 | | alcoholic liquor, except that a
license
may be granted to | 25 | | such official in relation to premises that are
not
located | 26 | | within the territory subject to the jurisdiction of that |
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| 1 | | official
if the issuance of such license is approved by the | 2 | | State Liquor Control
Commission
and except that a license | 3 | | may be granted, in a city or village with a
population of | 4 | | 55,000 or less, to any alderman, member of a city council, | 5 | | or
member of a village board of trustees in relation to | 6 | | premises that are located
within the territory
subject to | 7 | | the jurisdiction of that official if (i) the sale of | 8 | | alcoholic
liquor pursuant to the license is incidental to | 9 | | the selling of food, (ii) the
issuance of the license is | 10 | | approved by the State Commission, (iii) the
issuance of the | 11 | | license is in accordance with all applicable local | 12 | | ordinances
in effect where the premises are located, and | 13 | | (iv) the official granted a
license does not vote on | 14 | | alcoholic liquor issues pending before the board or
council | 15 | | to which the license holder is elected. Notwithstanding any | 16 | | provision of this paragraph (14) to the contrary, an | 17 | | alderman or member of a city council or commission, a | 18 | | member of a village board of trustees other than the | 19 | | president of the village board of trustees, or a member of | 20 | | a county board other than the president of a county board | 21 | | may have a direct interest in the manufacture, sale, or | 22 | | distribution of alcoholic liquor as long as he or she is | 23 | | not a law enforcing public official, a mayor, a village | 24 | | board president, or president of a county board. To prevent | 25 | | any conflict of interest, the elected official with the | 26 | | direct interest in the manufacture, sale, or distribution |
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| 1 | | of alcoholic liquor shall not participate in any meetings, | 2 | | hearings, or decisions on matters impacting the | 3 | | manufacture, sale, or distribution of alcoholic liquor. | 4 | | Furthermore, the mayor of a city with a population of | 5 | | 55,000 or less or the president of a village with a | 6 | | population of 55,000 or less may have an interest in the | 7 | | manufacture, sale, or distribution of alcoholic liquor as | 8 | | long as the council or board over which he or she presides | 9 | | has made a local liquor control commissioner appointment | 10 | | that complies with the requirements of Section 4-2 of this | 11 | | Act.
| 12 | | (15) A person who is not a beneficial owner of the | 13 | | business to be
operated by the licensee.
| 14 | | (16) A person who has been convicted of a gambling | 15 | | offense as
proscribed by any of subsections (a) (3) through | 16 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 17 | | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | 18 | | Criminal Code of 2012, or as proscribed by a
statute
| 19 | | replaced by any of the aforesaid statutory provisions.
| 20 | | (17) A person or entity to whom a federal wagering | 21 | | stamp has been
issued by the
federal government, unless the | 22 | | person or entity is eligible to be issued a
license under | 23 | | the Raffles and Poker Runs Act or the Illinois Pull Tabs | 24 | | and Jar Games Act.
| 25 | | (18) A person who intends to sell alcoholic liquors for | 26 | | use or
consumption on his or her licensed retail premises |
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| 1 | | who does not have liquor
liability insurance coverage for | 2 | | that premises in an amount that is at least
equal to the | 3 | | maximum liability amounts set out in subsection (a) of | 4 | | Section
6-21.
| 5 | | (19) A person who is licensed by any licensing | 6 | | authority as a manufacturer of beer, or any partnership, | 7 | | corporation, limited liability company, or trust or any | 8 | | subsidiary, affiliate, or agent thereof, or any other form | 9 | | of business enterprise licensed as a manufacturer of beer, | 10 | | having any legal, equitable, or beneficial interest, | 11 | | directly or indirectly, in a person licensed in this State | 12 | | as a distributor or importing distributor. For purposes of | 13 | | this paragraph (19), a person who is licensed by any | 14 | | licensing authority as a "manufacturer of beer" shall also | 15 | | mean a brewer and a non-resident dealer who is also a | 16 | | manufacturer of beer, including a partnership, | 17 | | corporation, limited liability company, or trust or any | 18 | | subsidiary, affiliate, or agent thereof, or any other form | 19 | | of business enterprise licensed as a manufacturer of beer. | 20 | | (20) A person who is licensed in this State as a | 21 | | distributor or importing distributor, or any partnership, | 22 | | corporation, limited liability company, or trust or any | 23 | | subsidiary, affiliate, or agent thereof, or any other form | 24 | | of business enterprise licensed in this State as a | 25 | | distributor or importing distributor having any legal, | 26 | | equitable, or beneficial interest, directly or indirectly, |
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| 1 | | in a person licensed as a manufacturer of beer by any | 2 | | licensing authority, or any partnership, corporation, | 3 | | limited liability company, or trust or any subsidiary, | 4 | | affiliate, or agent thereof, or any other form of business | 5 | | enterprise, except for a person who owns, on or after the | 6 | | effective date of this amendatory Act of the 98th General | 7 | | Assembly, no more than 5% of the outstanding shares of a | 8 | | manufacturer of beer whose shares are publicly traded on an | 9 | | exchange within the meaning of the Securities Exchange Act | 10 | | of 1934. For the purposes of this paragraph (20), a person | 11 | | who is licensed by any licensing authority as a | 12 | | "manufacturer of beer" shall also mean a brewer and a | 13 | | non-resident dealer who is also a manufacturer of beer, | 14 | | including a partnership, corporation, limited liability | 15 | | company, or trust or any subsidiary, affiliate, or agent | 16 | | thereof, or any other form of business enterprise licensed | 17 | | as a manufacturer of beer. | 18 | | (b) A criminal conviction of a corporation is not grounds | 19 | | for the
denial, suspension, or revocation of a license applied | 20 | | for or held by the
corporation if the criminal conviction was | 21 | | not the result of a violation of any
federal or State law | 22 | | concerning the manufacture, possession or sale of
alcoholic | 23 | | liquor, the offense that led to the conviction did not result | 24 | | in any
financial gain to the corporation and the corporation | 25 | | has terminated its
relationship with each director, officer, | 26 | | employee, or controlling shareholder
whose actions directly |
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| 1 | | contributed to the conviction of the corporation. The
| 2 | | Commission shall determine if all provisions of this subsection | 3 | | (b) have been
met before any action on the corporation's | 4 | | license is initiated.
| 5 | | (Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13; | 6 | | 98-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)
| 7 | | Section 25. The Criminal Code of 2012 is amended by | 8 | | changing Sections 28-1 and 28-1.1 as follows:
| 9 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 10 | | Sec. 28-1. Gambling.
| 11 | | (a) A person commits gambling when he or she:
| 12 | | (1) knowingly plays a game of chance or skill for money | 13 | | or other thing of
value, unless excepted in subsection (b) | 14 | | of this Section;
| 15 | | (2) knowingly makes a wager upon the result of any | 16 | | game, contest, or any
political nomination, appointment or | 17 | | election;
| 18 | | (3) knowingly operates, keeps, owns, uses, purchases, | 19 | | exhibits, rents, sells,
bargains for the sale or lease of, | 20 | | manufactures or distributes any
gambling device;
| 21 | | (4) contracts to have or give himself or herself or | 22 | | another the option to buy
or sell, or contracts to buy or | 23 | | sell, at a future time, any grain or
other commodity | 24 | | whatsoever, or any stock or security of any company,
where |
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| 1 | | it is at the time of making such contract intended by both | 2 | | parties
thereto that the contract to buy or sell, or the | 3 | | option, whenever
exercised, or the contract resulting | 4 | | therefrom, shall be settled, not by
the receipt or delivery | 5 | | of such property, but by the payment only of
differences in | 6 | | prices thereof; however, the issuance, purchase, sale,
| 7 | | exercise, endorsement or guarantee, by or through a person | 8 | | registered
with the Secretary of State pursuant to Section | 9 | | 8 of the Illinois
Securities Law of 1953, or by or through | 10 | | a person exempt from such
registration under said Section | 11 | | 8, of a put, call, or other option to
buy or sell | 12 | | securities which have been registered with the Secretary of
| 13 | | State or which are exempt from such registration under | 14 | | Section 3 of the
Illinois Securities Law of 1953 is not | 15 | | gambling within the meaning of
this paragraph (4);
| 16 | | (5) knowingly owns or possesses any book, instrument or | 17 | | apparatus by
means of which bets or wagers have been, or | 18 | | are, recorded or registered,
or knowingly possesses any | 19 | | money which he has received in the course of
a bet or | 20 | | wager;
| 21 | | (6) knowingly sells pools upon the result of any game | 22 | | or contest of skill or
chance, political nomination, | 23 | | appointment or election;
| 24 | | (7) knowingly sets up or promotes any lottery or sells, | 25 | | offers to sell or
transfers any ticket or share for any | 26 | | lottery;
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| 1 | | (8) knowingly sets up or promotes any policy game or | 2 | | sells, offers to sell or
knowingly possesses or transfers | 3 | | any policy ticket, slip, record,
document or other similar | 4 | | device;
| 5 | | (9) knowingly drafts, prints or publishes any lottery | 6 | | ticket or share,
or any policy ticket, slip, record, | 7 | | document or similar device, except for
such activity | 8 | | related to lotteries, bingo games and raffles authorized by
| 9 | | and conducted in accordance with the laws of Illinois or | 10 | | any other state or
foreign government;
| 11 | | (10) knowingly advertises any lottery or policy game, | 12 | | except for such
activity related to lotteries, bingo games | 13 | | and raffles authorized by and
conducted in accordance with | 14 | | the laws of Illinois or any other state;
| 15 | | (11) knowingly transmits information as to wagers, | 16 | | betting odds, or
changes in betting odds by telephone, | 17 | | telegraph, radio, semaphore or
similar means; or knowingly | 18 | | installs or maintains equipment for the
transmission or | 19 | | receipt of such information; except that nothing in this
| 20 | | subdivision (11) prohibits transmission or receipt of such | 21 | | information
for use in news reporting of sporting events or | 22 | | contests; or
| 23 | | (12) knowingly establishes, maintains, or operates an | 24 | | Internet site that
permits a person to play a game of
| 25 | | chance or skill for money or other thing of value by means | 26 | | of the Internet or
to make a wager upon the
result of any |
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| 1 | | game, contest, political nomination, appointment, or
| 2 | | election by means of the Internet. This item (12) does not | 3 | | apply to activities referenced in items (6) and (6.1) of | 4 | | subsection (b) of this Section.
| 5 | | (b) Participants in any of the following activities shall | 6 | | not be
convicted of gambling:
| 7 | | (1) Agreements to compensate for loss caused by the | 8 | | happening of
chance including without limitation contracts | 9 | | of indemnity or guaranty
and life or health or accident | 10 | | insurance.
| 11 | | (2) Offers of prizes, award or compensation to the | 12 | | actual
contestants in any bona fide contest for the | 13 | | determination of skill,
speed, strength or endurance or to | 14 | | the owners of animals or vehicles
entered in such contest.
| 15 | | (3) Pari-mutuel betting as authorized by the law of | 16 | | this State.
| 17 | | (4) Manufacture of gambling devices, including the | 18 | | acquisition of
essential parts therefor and the assembly | 19 | | thereof, for transportation in
interstate or foreign | 20 | | commerce to any place outside this State when such
| 21 | | transportation is not prohibited by any applicable Federal | 22 | | law; or the
manufacture, distribution, or possession of | 23 | | video gaming terminals, as
defined in the Video Gaming Act, | 24 | | by manufacturers, distributors, and
terminal operators | 25 | | licensed to do so under the Video Gaming Act.
| 26 | | (5) The game commonly known as "bingo", when conducted |
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| 1 | | in accordance
with the Bingo License and Tax Act.
| 2 | | (6) Lotteries when conducted by the State of Illinois | 3 | | in accordance
with the Illinois Lottery Law. This exemption | 4 | | includes any activity conducted by the Department of | 5 | | Revenue to sell lottery tickets pursuant to the provisions | 6 | | of the Illinois Lottery Law and its rules.
| 7 | | (6.1) The purchase of lottery tickets through the | 8 | | Internet for a lottery conducted by the State of Illinois | 9 | | under the program established in Section 7.12 of the | 10 | | Illinois Lottery Law.
| 11 | | (7) Possession of an antique slot machine that is | 12 | | neither used nor
intended to be used in the operation or | 13 | | promotion of any unlawful
gambling activity or enterprise. | 14 | | For the purpose of this subparagraph
(b)(7), an antique | 15 | | slot machine is one manufactured 25 years ago or earlier.
| 16 | | (8) Raffles and poker runs when conducted in accordance | 17 | | with the Raffles and Poker Runs Act.
| 18 | | (9) Charitable games when conducted in accordance with | 19 | | the Charitable
Games Act.
| 20 | | (10) Pull tabs and jar games when conducted under the | 21 | | Illinois Pull
Tabs and Jar Games Act.
| 22 | | (11) Gambling games conducted on riverboats when
| 23 | | authorized by the Riverboat Gambling Act.
| 24 | | (12) Video gaming terminal games at a licensed | 25 | | establishment, licensed truck stop establishment,
licensed
| 26 | | fraternal establishment, or licensed veterans |
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| 1 | | establishment when
conducted in accordance with the Video | 2 | | Gaming Act. | 3 | | (13) Games of skill or chance where money or other | 4 | | things of value can be won but no payment or purchase is | 5 | | required to participate. | 6 | | (c) Sentence.
| 7 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 8 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 9 | | 4 felony.
| 10 | | (d) Circumstantial evidence.
| 11 | | In prosecutions under
this
Section circumstantial evidence | 12 | | shall have the same validity and weight as
in any criminal | 13 | | prosecution.
| 14 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 15 | | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| 16 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| 17 | | Sec. 28-1.1. Syndicated gambling.
| 18 | | (a) Declaration of Purpose. Recognizing the close | 19 | | relationship between
professional gambling and other organized | 20 | | crime, it is declared to be the
policy of the legislature to | 21 | | restrain persons from engaging in the business
of gambling for | 22 | | profit in this State. This Section shall be liberally
construed | 23 | | and administered with a view to carrying out this policy.
| 24 | | (b) A person commits syndicated gambling when he or she | 25 | | operates a "policy
game" or engages in the business of |
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| 1 | | bookmaking.
| 2 | | (c) A person "operates a policy game" when he or she | 3 | | knowingly uses any
premises or property for the purpose of | 4 | | receiving or knowingly does
receive from what is commonly | 5 | | called "policy":
| 6 | | (1) money from a person other than the bettor or player | 7 | | whose
bets or plays are represented by the money; or
| 8 | | (2) written "policy game" records, made or used over | 9 | | any
period of time, from a person other than the bettor or | 10 | | player whose bets
or plays are represented by the written | 11 | | record.
| 12 | | (d) A person engages in bookmaking when he or she knowingly | 13 | | receives or accepts more
than five bets or wagers upon the | 14 | | result of any trials or contests of
skill, speed or power of | 15 | | endurance or upon any lot, chance, casualty,
unknown or | 16 | | contingent event whatsoever, which bets or wagers shall be of
| 17 | | such size that the total of the amounts of money paid or | 18 | | promised to be
paid to the bookmaker on account thereof shall | 19 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets | 20 | | or wagers
regardless of the form or manner in which the | 21 | | bookmaker records them.
| 22 | | (e) Participants in any of the following activities shall | 23 | | not be
convicted of syndicated gambling:
| 24 | | (1) Agreements to compensate for loss caused by the | 25 | | happening
of chance including without limitation contracts | 26 | | of indemnity or
guaranty and life or health or accident |
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| 1 | | insurance;
| 2 | | (2) Offers of prizes, award or compensation to the | 3 | | actual
contestants in any bona fide contest for the | 4 | | determination of skill,
speed, strength or endurance or to | 5 | | the owners of animals or vehicles
entered in the contest;
| 6 | | (3) Pari-mutuel betting as authorized by law of this | 7 | | State;
| 8 | | (4) Manufacture of gambling devices, including the | 9 | | acquisition
of essential parts therefor and the assembly | 10 | | thereof, for transportation
in interstate or foreign | 11 | | commerce to any place outside this State when
the | 12 | | transportation is not prohibited by any applicable Federal | 13 | | law;
| 14 | | (5) Raffles and poker runs when conducted in accordance | 15 | | with the Raffles and Poker Runs Act;
| 16 | | (6) Gambling games conducted on riverboats when
| 17 | | authorized by the Riverboat Gambling Act; and
| 18 | | (7) Video gaming terminal games at a licensed | 19 | | establishment, licensed truck stop establishment,
licensed
| 20 | | fraternal establishment, or licensed veterans | 21 | | establishment
when conducted in accordance with the Video | 22 | | Gaming Act.
| 23 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
| 24 | | (Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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