Full Text of HB4020 097th General Assembly
HB4020eng 97TH GENERAL ASSEMBLY |
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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 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, and 15 and by | 6 | | adding Section 16 as follows:
| 7 | | (230 ILCS 30/2) (from Ch. 120, par. 1122)
| 8 | | Sec. 2. Definitions. For purposes of this Act, the | 9 | | following definitions
apply:
| 10 | | "Board" means the Illinois Gaming Board. | 11 | | "Charitable games" means the 14 games of chance involving | 12 | | cards, dice, wheels, random selection of numbers, and gambling | 13 | | tickets which may be conducted at charitable games events | 14 | | listed as follows: roulette, blackjack, poker, pull tabs, | 15 | | craps, bang, beat the dealer, big six, gin rummy, five card | 16 | | stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | 17 | | wheel. | 18 | | "Charitable games event" or "event" means the type of | 19 | | fundraising event authorized by the Act at which participants | 20 | | pay to play charitable games for the chance of winning cash or | 21 | | noncash prizes. | 22 | | "Charitable organization" means an organization or | 23 | | institution organized and operated to benefit an indefinite |
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| 1 | | number of the public. | 2 | | "Chips" means scrip, play money, poker or casino chips, or | 3 | | any other representations of money, used to make wagers on the | 4 | | outcome of any charitable game. | 5 | | "Department" means the Department of Revenue.
| 6 | | "Educational organization" means an organization or | 7 | | institution organized and operated to provide systematic | 8 | | instruction in useful branches of learning by methods common to | 9 | | schools and institutions of learning which compare favorably in | 10 | | their scope and intensity with the course of study presented in | 11 | | tax-supported schools. | 12 | | "Fraternal organization" means an organization of persons | 13 | | having a common interest that is organized and operated | 14 | | exclusively to promote the welfare of its members and to | 15 | | benefit the general public on a continuing and consistent | 16 | | basis, including but not limited to ethnic organizations.
| 17 | | "Labor organization" means an organization composed of | 18 | | labor unions or
workers organized with the objective of | 19 | | betterment of the conditions of
those engaged in such pursuit | 20 | | and the development of a higher degree of
efficiency in their | 21 | | respective occupations.
| 22 | | "Licensed organization" means a qualified organization | 23 | | that has obtained a license to conduct a charitable games event | 24 | | in conformance with the provisions of this Act. | 25 | | "Non-profit organization" means an organization or | 26 | | institution organized and conducted on a not-for-profit basis |
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| 1 | | with no personal profit inuring to anyone as a result of the | 2 | | operation.
| 3 | | "Organization": A corporation, agency, partnership,
| 4 | | association, firm, business, or other entity consisting of 2 or | 5 | | more persons joined by
a common interest or purpose.
| 6 | | "Person" means any natural individual, corporation, | 7 | | partnership, limited
liability company, organization as | 8 | | defined in this
Section, qualified organization, licensed | 9 | | organization, licensee under this Act, or volunteer.
| 10 | | "Premises" means a distinct parcel of land and the | 11 | | buildings thereon. | 12 | | "Provider" means the person or organization owning, | 13 | | leasing, or controlling premises upon which any charitable | 14 | | games event is to be conducted.
| 15 | | "Qualified organization" means:
| 16 | | (a) a charitable, religious, fraternal, veterans, | 17 | | labor or educational
organization or institution organized | 18 | | and conducted on a not-for-profit
basis with no personal | 19 | | profit inuring to anyone as a result of the
operation and | 20 | | which is exempt from federal income taxation under Sections
| 21 | | 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or | 22 | | 501(c)(19) of the
Internal Revenue Code;
| 23 | | (b) a veterans organization as defined in Section 1.1
| 24 | | of the
"Bingo License and Tax Act"organized
and conducted | 25 | | on a not-for-profit basis with no personal profit inuring | 26 | | to
anyone as a result of the operation; or
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| 1 | | (c) An auxiliary organization of a veterans | 2 | | organization.
| 3 | | "Religious organization" means any church, congregation, | 4 | | society, or organization founded for the purpose of religious | 5 | | worship. | 6 | | "Sponsoring organization" means a qualified organization | 7 | | that has obtained a
license to conduct a charitable games event | 8 | | in conformance with the provisions
of this Act.
| 9 | | "Supplier" means any person, firm, or corporation that | 10 | | sells, leases, lends, distributes, or otherwise provides to any | 11 | | organization licensed to conduct charitable games events in | 12 | | Illinois any charitable games equipment.
| 13 | | "Veterans' organization" means an organization comprised | 14 | | of members of which substantially all are individuals who are | 15 | | veterans or spouses, widows, or widowers of veterans, the | 16 | | primary purpose of which is to promote the welfare of its | 17 | | members and to provide assistance to the general public in such | 18 | | a way as to confer a public benefit. | 19 | | "Volunteer" means a person recruited by a licensed | 20 | | organization who voluntarily performs services at a charitable | 21 | | games event, including participation in the management or | 22 | | operation of a game, as defined in Section 8.
| 23 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 24 | | (230 ILCS 30/3) (from Ch. 120, par. 1123)
| 25 | | Sec. 3. The Board Department of Revenue shall, upon |
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| 1 | | application therefor
on forms prescribed by the Board | 2 | | Department , and upon the payment of a nonrefundable annual
fee | 3 | | of $400 due upon application and each renewal $200 , and upon a | 4 | | determination by the Board Department that the applicant
meets | 5 | | all of the qualifications specified in this Act, issue a
| 6 | | charitable games license for the conducting of charitable games | 7 | | to any
of the following:
| 8 | | (i) Any local fraternal mutual benefit organization | 9 | | chartered at least
40 years before it applies for a license | 10 | | under this Act.
| 11 | | (ii) Any qualified organization organized in Illinois | 12 | | which operates
without profit to its members, which has | 13 | | been in existence in Illinois
continuously for a period of | 14 | | 5 years immediately before making application for
a license | 15 | | and which has had during that 5 year period a bona fide | 16 | | membership
engaged in carrying out its objects. However, | 17 | | the 5 year requirement shall be
reduced to 2 years, as | 18 | | applied to a local organization which is affiliated with
| 19 | | and chartered by a national organization which meets the 5 | 20 | | year requirement.
The period of existence specified above | 21 | | shall not apply to a qualified
organization, organized for | 22 | | charitable purpose, created by a fraternal
organization | 23 | | that meets the existence requirements if the charitable
| 24 | | organization has the same officers and directors as the | 25 | | fraternal organization.
Only one charitable organization | 26 | | created by a branch lodge or chapter of a
fraternal |
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| 1 | | organization may be licensed under this provision.
| 2 | | The application shall be signed by a person listed on the | 3 | | application as an owner, officer, or other person in charge of | 4 | | the necessary day-to-day operations of the applicant | 5 | | organization, who shall attest under penalties of perjury that | 6 | | the information contained in the application is true, correct, | 7 | | and complete.
| 8 | | Each license shall be in effect for 2 years one year from | 9 | | its date of
issuance unless extended, suspended, or revoked by | 10 | | Board Department action before that date.
Any extension shall | 11 | | not exceed one year. The Board Department may by rule authorize | 12 | | the filing by electronic means of any application, license, | 13 | | permit, return, or registration required under this Act. A | 14 | | licensee may hold only one license. Each license must be | 15 | | applied for at
least 30 days prior to the night or nights the | 16 | | licensee wishes to conduct
such games. The Board Department may | 17 | | issue a license to a licensee that applies less than 30 days | 18 | | prior to the night or nights the licensee wishes to conduct the | 19 | | games if all other requirements of this Act are met and the | 20 | | Board Department has sufficient time and resources to issue the | 21 | | license in a timely manner. The Board Department may provide by | 22 | | rule for an extension of any charitable games license issued | 23 | | under this Act. If a licensee wishes to conduct games at a | 24 | | location other than
the locations originally specified in the | 25 | | license, the licensee shall
notify the Board Department of the | 26 | | proposed alternate location at least 30 days
before the night |
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| 1 | | on which the licensee wishes to conduct games at the
alternate | 2 | | location. The Board Department may accept an applicant's change | 3 | | in location with less than 30 days' notice if all other | 4 | | requirements of this Act are met and the Board Department has | 5 | | sufficient time and resources to process the change in a timely | 6 | | manner.
| 7 | | All taxes and fees imposed by this Act, unless otherwise | 8 | | specified, shall be paid into the Illinois Gaming Law | 9 | | Enforcement Fund of the State Treasury.
| 10 | | (Source: P.A. 95-228, eff. 8-16-07.)
| 11 | | (230 ILCS 30/4) (from Ch. 120, par. 1124)
| 12 | | Sec. 4. Licensing Restrictions. Licensing for the | 13 | | conducting of
charitable games is subject to the following | 14 | | restrictions:
| 15 | | (1) The license application, when submitted to the | 16 | | Board Department of Revenue ,
must contain a sworn statement | 17 | | attesting to the not-for-profit character
of the | 18 | | prospective licensee organization, signed by a person | 19 | | listed on the application as an owner, officer, or other | 20 | | person in charge of the necessary day-to-day operations. | 21 | | The application shall contain the
name of the person in | 22 | | charge of and primarily responsible for the
conduct of the | 23 | | charitable games. The person so designated shall be
present | 24 | | on the premises continuously during charitable games.
| 25 | | (2) The license application shall be prepared by the |
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| 1 | | prospective
licensee organization or its duly authorized | 2 | | representative in accordance
with the
rules of the Board | 3 | | Department of Revenue .
| 4 | | (2.1) The organization shall maintain among its books | 5 | | and records a list of the names,
addresses, social security | 6 | | numbers, and dates of birth of all persons who will
| 7 | | participate in the management or operation of the games, | 8 | | along with a sworn
statement made under penalties of | 9 | | perjury, signed by a person listed on the application as an | 10 | | owner, officer, or other person in charge of the necessary | 11 | | day-to-day operations, that the persons listed as | 12 | | participating in the
management or operation of the games | 13 | | are bona fide members, volunteers as
defined in Section 2, | 14 | | or employees of the applicant, that these persons have
not
| 15 | | participated in the management or operation of more than 12 | 16 | | 4 charitable games
events conducted by any licensee in the | 17 | | calendar year, and that these persons
will receive no | 18 | | remuneration or compensation, directly or indirectly from | 19 | | any
source, for participating in the management or | 20 | | operation of the games. Any
amendments to this listing must | 21 | | contain an identical sworn statement.
| 22 | | (2.2) (Blank).
| 23 | | (3) Each license shall state the date, hours and
at | 24 | | what
locations the licensee is permitted to conduct | 25 | | charitable games.
| 26 | | (4) Each licensee shall file a copy of the license with |
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| 1 | | each
police
department or, if in unincorporated areas, each | 2 | | sheriff's office whose
jurisdiction includes the premises | 3 | | on which the charitable games are
authorized under the | 4 | | license.
| 5 | | (5) The licensee shall prominently display the license | 6 | | in the
area where the licensee is to conduct charitable | 7 | | games. The licensee shall likewise display, in the form and | 8 | | manner prescribed by the Board Department , the provisions | 9 | | of Section 9 of this Act.
| 10 | | (6) (Blank).
| 11 | | (7) (Blank). Each licensee shall obtain and maintain a | 12 | | bond for the
benefit of
participants in games conducted by | 13 | | the licensee to insure payment to the
winners of such | 14 | | games. Such bond discretionary by the Department and shall | 15 | | be in an amount established by rule
by the Department of | 16 | | Revenue. In a county with fewer than 60,000
inhabitants, | 17 | | the Department may waive the bond
requirement upon a | 18 | | showing by a licensee that it has sufficient funds on
| 19 | | deposit to insure payment to the winners of such games.
| 20 | | (8) A license is not assignable or transferable.
| 21 | | (9) Unless the premises for conducting charitable | 22 | | games are provided by
a
municipality, the Board Department | 23 | | shall not issue a license
permitting a
person, firm
or | 24 | | corporation to sponsor a charitable games night if the | 25 | | premises for the
conduct of the charitable games has been | 26 | | previously used for 12 8
charitable
games nights during the |
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| 1 | | previous 12 months.
| 2 | | (10) Auxiliary organizations of a licensee shall not be
| 3 | | eligible for a
license to conduct charitable games, except | 4 | | for auxiliary organizations
of veterans organizations as | 5 | | authorized in Section 2.
| 6 | | (11) Charitable games must be conducted in accordance | 7 | | with
local
building and fire code requirements.
| 8 | | (12) The licensee shall consent to allowing the Board's | 9 | | Department's
employees
to be present on the premises | 10 | | wherein the charitable games are conducted
and to inspect | 11 | | or test equipment, devices and supplies used in the conduct
| 12 | | of the game.
| 13 | | Nothing in this Section shall be construed to prohibit a | 14 | | licensee that
conducts charitable games on its own premises | 15 | | from also obtaining a
providers' license in accordance with | 16 | | Section 5.1.
The maximum number of charitable games events that | 17 | | may be held in any one
premises is limited to one 8 charitable | 18 | | games event events per month calendar year .
| 19 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 20 | | (230 ILCS 30/5) (from Ch. 120, par. 1125)
| 21 | | Sec. 5. Providers' License. The Board Department shall | 22 | | issue a providers'
license permitting a person, firm or | 23 | | corporation to provide
premises for the conduct of charitable | 24 | | games. No person, firm or
corporation may rent or otherwise | 25 | | provide premises without having first
obtained a license. |
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| 1 | | Applications for providers' licenses shall be made in writing | 2 | | in accordance with Board Department rules. The Board Department | 3 | | shall license providers of charitable games at a nonrefundable | 4 | | annual fee of $50, or nonrefundable triennial license fee of | 5 | | $150. Each providers' license is valid for one year
from the | 6 | | date of issuance, or 3 years from date of issuance for a | 7 | | triennial license, unless extended, suspended,
or revoked by | 8 | | Board Department action
before
that date. Any extension of a | 9 | | providers' license shall not exceed one year. A provider may | 10 | | receive reasonable compensation for the provision
of the | 11 | | premises. Reasonable expenses shall include only those | 12 | | expenses defined as reasonable by rules adopted by the Board | 13 | | Department . A provider, other than a
municipality, may not | 14 | | provide
the same premises for conducting more than 12 8 | 15 | | charitable games nights
per year.
A provider shall not have any | 16 | | interest in any suppliers' business, either
direct or indirect.
| 17 | | A municipality may provide the same premises for conducting 16 | 18 | | charitable
games nights during a 12-month period. No employee, | 19 | | officer, or owner of a
provider may participate in the | 20 | | management or operation of a charitable games
event, even if | 21 | | the employee, officer, or owner is also a member, volunteer, or
| 22 | | employee of the charitable games licensee. A provider may not | 23 | | promote or
solicit a charitable games event on behalf of a | 24 | | charitable games licensee or
qualified organization.
Any | 25 | | qualified organization licensed to conduct a
charitable game | 26 | | need not obtain a providers' license if such games are to
be |
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| 1 | | conducted on the organization's premises.
| 2 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 3 | | (230 ILCS 30/6) (from Ch. 120, par. 1126)
| 4 | | Sec. 6. Supplier's license. The Board Department shall | 5 | | issue a supplier's
license permitting a person,
firm, or | 6 | | corporation to sell, lease, lend or distribute to any | 7 | | organization
licensed
to conduct charitable games,
supplies, | 8 | | devices, and other equipment designed for use in the playing of
| 9 | | charitable games.
No person, firm, or corporation shall sell, | 10 | | lease, lend, or distribute charitable
games supplies
or | 11 | | equipment without having first obtained a license. | 12 | | Applications for suppliers' licenses shall be made in writing | 13 | | in accordance with Board Department rules. The Board Department | 14 | | shall license suppliers of charitable games subject to a | 15 | | nonrefundable annual fee of $500, or a nonrefundable triennial | 16 | | fee of $1,500.
Each supplier's license is
valid for one year | 17 | | from the date of issuance, or 3 years from date of issuance for | 18 | | a triennial license, unless extended, suspended, or
revoked by | 19 | | Board Department action before that date. Any extension of a | 20 | | supplier's license shall not exceed one year. No licensed | 21 | | supplier under this Act shall lease, lend, or distribute | 22 | | charitable gaming equipment, supplies, or other devices to | 23 | | persons not otherwise licensed to conduct charitable games | 24 | | under this Act. The Board Department may require by rule for | 25 | | the provision of
surety bonds by suppliers. A supplier
shall |
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| 1 | | keep among its books and records and make available for | 2 | | inspection by the Board Department a list of all products and | 3 | | equipment offered for sale or lease to any
organization | 4 | | licensed to conduct charitable games, and all such products
and | 5 | | equipment shall be sold or leased at the prices shown on the | 6 | | books and records. A supplier shall keep all such products and | 7 | | equipment
segregated and separate from any other products, | 8 | | materials or equipment that
it might own, sell, or lease.
A | 9 | | supplier must include in its application for a license the | 10 | | exact
location of the storage of the products, materials, or | 11 | | equipment. A
supplier, as a condition of licensure, must | 12 | | consent to permitting the Board's
Department's employees to | 13 | | enter supplier's premises to inspect and test all
equipment and | 14 | | devices.
A supplier shall keep books and records for
the | 15 | | furnishing of products and equipment to charitable games | 16 | | separate and
distinct from any other business the supplier | 17 | | might operate. All products
and equipment supplied must be in | 18 | | accord with the Board's Department's rules and
regulations.
A | 19 | | supplier shall not alter or modify any equipment or supplies, | 20 | | or possess
any equipment or supplies so altered or modified, so | 21 | | as to allow the
possessor or operator of the equipment to | 22 | | obtain a greater chance of
winning a game other than as under | 23 | | normal rules of play of such games.
The supplier shall not | 24 | | require an organization to pay a
percentage of the proceeds | 25 | | from the charitable games for the use of the
products or | 26 | | equipment. The supplier shall
file a quarterly return with the |
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| 1 | | Board
Department listing all sales or leases for such quarter | 2 | | and the gross
proceeds from such
sales or leases. A supplier | 3 | | shall permanently affix his name to all
charitable games | 4 | | equipment, supplies and pull tabs. A supplier shall not
have | 5 | | any interest in any providers' business, either direct or | 6 | | indirect.
If the supplier leases his equipment for use at an | 7 | | unlicensed charitable
games or to an unlicensed sponsoring | 8 | | group, all equipment so leased is
forfeited to the State.
| 9 | | Organizations licensed to conduct charitable games may own | 10 | | their own
equipment. Such organizations must apply to the Board | 11 | | Department for an
ownership permit. Any such application must | 12 | | be accompanied by a one-time, nonrefundable fee of $50.
Such | 13 | | organizations shall file an annual report listing their | 14 | | inventory of
charitable games equipment. Such organizations | 15 | | may lend such equipment
without compensation to other licensed | 16 | | organizations without applying for a
suppliers license.
| 17 | | No employee, owner, or officer of a supplier may
| 18 | | participate in the management or operation of a charitable | 19 | | games event,
even if the employee, owner, or officer is also a | 20 | | member, volunteer, or
employee of the charitable games | 21 | | licensee. A supplier may not promote or
solicit a charitable | 22 | | games event on behalf of a charitable games licensee or
| 23 | | qualified organization.
| 24 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 25 | | (230 ILCS 30/7) (from Ch. 120, par. 1127)
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| 1 | | Sec. 7. Ineligible Persons. The following are ineligible | 2 | | for any
license under this Act:
| 3 | | (a) any person who has been convicted of a felony | 4 | | within the last 10 years before
the date of the | 5 | | application;
| 6 | | (b) any person who has been convicted of a violation of | 7 | | Article 28 of
the Criminal Code of 1961;
| 8 | | (c) any person who has had a bingo, pull tabs and jar | 9 | | games, or charitable games
license revoked
by the Board | 10 | | Department ;
| 11 | | (d) any person who is or has been a professional | 12 | | gambler;
| 13 | | (d-1) any person found gambling in a manner not | 14 | | authorized by this Act,
the Illinois Pull Tabs and Jar | 15 | | Games Act, or the Bingo License and Tax Act participating | 16 | | in such gambling, or knowingly
permitting such gambling on | 17 | | premises where an authorized charitable games event
is
| 18 | | authorized to be conducted or has been conducted;
| 19 | | (e) any organization in which a person defined in (a), | 20 | | (b), (c), (d),
or
(d-1)
has a proprietary, equitable, or | 21 | | credit interest, or in which the person
is active or | 22 | | employed;
| 23 | | (f) any organization in which a person defined
in (a), | 24 | | (b), (c), (d), or (d-1) is an
officer, director, or | 25 | | employee, whether compensated or not;
| 26 | | (g) any organization in which a person defined in (a), |
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| 1 | | (b),
(c), (d), or (d-1) is to
participate in the management | 2 | | or operation of charitable games.
| 3 | | The Department of State Police shall provide the criminal | 4 | | background of
any person requested by the Board Department of | 5 | | Revenue .
| 6 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 7 | | (230 ILCS 30/8) (from Ch. 120, par. 1128)
| 8 | | Sec. 8. The conducting of charitable games is subject to | 9 | | the following
restrictions:
| 10 | | (1) The entire net proceeds from charitable games must | 11 | | be exclusively
devoted to the lawful purposes of the | 12 | | organization permitted to conduct
that game.
| 13 | | (2) No person except a bona fide member or employee of | 14 | | the
sponsoring organization, or a volunteer recruited by | 15 | | the sponsoring
organization, may participate in the | 16 | | management or operation of the
game.
A person participates | 17 | | in the management or operation of a charitable game
when he | 18 | | or she sells admission tickets at the event; sells, | 19 | | redeems, or in any
way assists in the selling or redeeming | 20 | | of chips, scrip, or play money;
participates in the
| 21 | | conducting of any of the games played during the event, or | 22 | | supervises, directs
or instructs anyone conducting a game; | 23 | | or at any time during the hours of the
charitable games | 24 | | event counts, handles, or supervises anyone counting or
| 25 | | handling any of the proceeds or chips, scrip, or play money |
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| 1 | | at the event. A
person who is present to
ensure that the | 2 | | games are being conducted in conformance with the rules
| 3 | | established by the licensed organization or is present to | 4 | | insure that the
equipment is working
properly is considered | 5 | | to be participating in the management or operation of a
| 6 | | game. Setting up, cleaning up, selling food and drink, or | 7 | | providing security
for persons or property at the event | 8 | | does not constitute participation in the
management or | 9 | | operation of the game.
| 10 | | Only bona fide members, volunteers as defined in | 11 | | Section 2 of this Act, and
employees of the sponsoring | 12 | | organization may participate in the management or
| 13 | | operation of the games. Participation in the management or
| 14 | | operation
of the games is limited to no more than 12 4 | 15 | | charitable games events, either of the sponsoring | 16 | | organization or any other licensed organization, during a | 17 | | calendar year.
| 18 | | (3) No person may receive any remuneration or | 19 | | compensation either
directly or
indirectly from any source | 20 | | for
participating in the management or operation of the | 21 | | game.
| 22 | | (4) No single bet at any house-banked game may exceed | 23 | | $20 $10 .
| 24 | | (5) A bank shall be established on the premises to | 25 | | convert currency into
chips, scrip, or other form of play | 26 | | money which shall then be used to play
at
games of chance |
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| 1 | | which the participant chooses. Chips, scrip, or play money
| 2 | | must be permanently monogrammed with the supplier license | 3 | | number or logo or charitable games license number of a the | 4 | | licensed organization or of the
supplier. Each participant | 5 | | must be issued a receipt indicating the amount
of chips, | 6 | | scrip, or play money purchased.
| 7 | | (6) At the conclusion of the event or when the | 8 | | participant leaves, he or she
may cash in his or her chips, | 9 | | scrip, or play money in exchange for currency not to
exceed | 10 | | $500 in cash winnings $250 or unlimited noncash prizes. | 11 | | Each participant shall sign for any receipt
of prizes. The | 12 | | licensee shall provide the Board Department of Revenue with | 13 | | a
listing of all prizes awarded, including the retail value | 14 | | of all prizes awarded.
| 15 | | (7) Each licensee shall be permitted to conduct | 16 | | charitable games on
not more than 4 days each year. Nothing | 17 | | in this Section shall be construed to prohibit a licensee | 18 | | that conducts charitable games on its own premises from | 19 | | also obtaining a providers' license in accordance with | 20 | | Section 7 of this Act.
| 21 | | (8) Unless the provider of the premises is a | 22 | | municipality, the
provider of the premises may not rent or | 23 | | otherwise provide the
premises for the conducting of more | 24 | | than one 8 charitable games night nights per month year .
| 25 | | (9) A charitable games event is considered to be a | 26 | | one-day event and charitable games may not be played |
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| 1 | | between the hours of 2:00 a.m.
and noon.
| 2 | | (10) No person under the age of 18 years may play or | 3 | | participate in the
conducting of charitable games. Any | 4 | | person under the age of 18 years
may be within the area | 5 | | where charitable games are being played only
when | 6 | | accompanied by his parent or guardian.
| 7 | | (11) No one other than the sponsoring organization
of | 8 | | charitable games must have a proprietary
interest in the | 9 | | game promoted.
| 10 | | (12) Raffles or other forms of gambling prohibited by | 11 | | law shall not be
conducted on the premises where charitable | 12 | | games are being conducted.
| 13 | | (13) Such games are not expressly prohibited by county
| 14 | | ordinance for
charitable games conducted in the | 15 | | unincorporated areas of the county or
municipal ordinance | 16 | | for charitable games conducted in the municipality and
the | 17 | | ordinance is filed with the Board Department of Revenue . | 18 | | The Board Department
shall provide each county or | 19 | | municipality with a list of organizations
licensed or | 20 | | subsequently authorized by the Board Department to conduct
| 21 | | charitable games in their jurisdiction.
| 22 | | (14) The sale of tangible personal property at | 23 | | charitable games is
subject to all State and local taxes | 24 | | and obligations.
| 25 | | (15) Each licensee may offer or conduct only the games
| 26 | | listed
below,
which must be conducted in accordance with
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| 1 | | rules posted by the organization. The organization | 2 | | sponsoring charitable
games shall promulgate rules, and | 3 | | make printed copies available to
participants, for the | 4 | | following games: (a) roulette; (b) blackjack; (c)
poker; | 5 | | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | 6 | | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | 7 | | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | 8 | | merchandise wheel. A licensee need not offer or
conduct | 9 | | every game permitted by law.
The conducting of games not | 10 | | listed above is prohibited by this Act.
| 11 | | (16) No slot machines or coin-in-the-slot-operated | 12 | | devices
that allow a participant to play games of chance | 13 | | shall be permitted to be used at the location and during | 14 | | the time at which the charitable games are being conducted. | 15 | | However, establishments that have video gaming terminals | 16 | | licensed under the Video Gaming Act may operate them along | 17 | | with charitable games under rules adopted by the Board.
| 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) No employee, owner, or officer of a consultant | 3 | | service hired by a
licensed organization to perform | 4 | | services at the event including, but not
limited to, | 5 | | security for
persons or property at the event or services | 6 | | before the event including, but
not limited to, training | 7 | | for volunteers
or advertising may participate in the | 8 | | management or operation of the games.
| 9 | | (22) (Blank).
| 10 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 11 | | (230 ILCS 30/9) (from Ch. 120, par. 1129)
| 12 | | Sec. 9. There shall be paid to the Board Department of | 13 | | Revenue , 5% 3% of the net
gross proceeds of charitable games | 14 | | conducted under the provisions
of this Act. Such payments shall | 15 | | be made within 30 days after the
completion of the games. | 16 | | Accompanying each payment shall be a return, on forms | 17 | | prescribed by
the Board Department of Revenue . Failure to | 18 | | submit either the payment or the return within the
specified | 19 | | time may result in suspension or revocation of the license. Tax | 20 | | returns filed pursuant to this Act shall not be confidential | 21 | | and shall be available for public inspection.
| 22 | |
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, | 23 | | 5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | 24 | | Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and | 25 | | Interest Act,
which are not inconsistent with this Act shall |
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| 1 | | apply, as far as
practicable, to the subject matter of this Act | 2 | | to the same extent as if
such provisions were included in this | 3 | | Act. For the purposes of this Act, references in such | 4 | | incorporated
Sections of the Retailers' Occupation Tax Act to | 5 | | retailers, sellers or
persons engaged in the business of | 6 | | selling tangible personal property means
persons engaged in | 7 | | conducting charitable games, and references in such
| 8 | | incorporated Sections of the Retailers' Occupation Tax Act to | 9 | | sales of
tangible personal property mean the conducting of | 10 | | charitable games and the
making of charges for playing such | 11 | | games.
| 12 | | All payments made to the Board Department of Revenue under | 13 | | this Section shall be deposited
into the Illinois Gaming Law | 14 | | Enforcement Fund of the State Treasury.
| 15 | | (Source: P.A. 95-228, eff. 8-16-07.)
| 16 | | (230 ILCS 30/10) (from Ch. 120, par. 1130)
| 17 | | Sec. 10. Each licensee
must keep a complete record of | 18 | | charitable games
conducted
within the previous 3 years. Such | 19 | | record shall be open to
inspection by
any employee of the Board | 20 | | Department of Revenue during reasonable business
hours.
| 21 | | The Board Department may require that any person, | 22 | | organization or corporation
licensed under this Act obtain from | 23 | | an Illinois certified public accounting
firm at its own expense | 24 | | a certified and unqualified financial statement
and | 25 | | verification of records of such organization.
Failure of a |
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| 1 | | charitable games licensee to comply with this requirement | 2 | | within
90
days of receiving notice from the Board Department | 3 | | may
result in suspension or revocation of the licensee's | 4 | | license.
| 5 | | The Board Department of Revenue may, at its discretion, | 6 | | suspend or
revoke
any license if it finds that the licensee or | 7 | | any person
connected therewith
has violated or is violating the | 8 | | provisions of this Act. A
revocation or suspension shall be in | 9 | | addition to, and not in lieu of, any other
civil penalties or | 10 | | assessments that are authorized by this Act. No licensee
under
| 11 | | this Act, while a charitable game is being conducted, shall | 12 | | knowingly permit
the entry into any part of the licensed | 13 | | premises by any person
who has been convicted of a violation of
| 14 | | Article 28 of the Criminal Code of 1961.
| 15 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 16 | | (230 ILCS 30/12) (from Ch. 120, par. 1132)
| 17 | | Sec. 12. Penalties.
| 18 | | (1) Any person who conducts or knowingly participates in an
| 19 | | unlicensed charitable game commits the offense of gambling in | 20 | | violation of
Section 28-1 of the Criminal Code of 1961, as | 21 | | amended. Any person who
violates any provision of this Act, or | 22 | | any person who fails to file a
charitable games return or who
| 23 | | files a fraudulent return
or application under this Act, or any | 24 | | person who willfully
violates any rule or regulation of the | 25 | | Board Department for the
administration
and enforcement of this |
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| 1 | | Act, or any officer or agent of an organization
licensed under | 2 | | this Act who signs a fraudulent return or application filed
on | 3 | | behalf of
such an organization, is guilty of a Class
A | 4 | | misdemeanor. Any second or subsequent violation of this Act | 5 | | constitutes
a Class 4 felony.
| 6 | | (2) Any organization that illegally conducts charitable | 7 | | games, in addition to other penalties provided for in this Act, | 8 | | shall be subject to a civil penalty equal to the amount of | 9 | | gross proceeds derived from those unlicensed games, as well as | 10 | | confiscation and forfeiture of all charitable games equipment | 11 | | used in the conduct of those unlicensed games. | 12 | | (3) Any organization licensed to conduct charitable games | 13 | | that allows any form of illegal gambling to be conducted on the | 14 | | premises where charitable games are being conducted, in | 15 | | addition to other penalties provided for in this Act, shall be | 16 | | subject to a civil penalty equal to the amount of gross | 17 | | proceeds derived on that day from charitable games and any | 18 | | illegal game that may have been conducted, as well as | 19 | | confiscation and forfeiture of all charitable games equipment | 20 | | used in the conduct of any unlicensed or illegal games. | 21 | | (4) Any person who violates any provision of this Act or | 22 | | knowingly violates any rule of the Board Department for the | 23 | | administration of this Act, in addition to other penalties | 24 | | provided, shall be subject to a civil penalty not to exceed | 25 | | $250 for each separate violation. | 26 | | (5) No person shall sell, lease, or distribute for |
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| 1 | | compensation within this State, or possess with intent to sell, | 2 | | lease, or distribute for compensation within this State, any | 3 | | chips, representations of money, wheels, or any devices or | 4 | | equipment designed for use or used in the play of charitable | 5 | | games without first having obtained a license to do so from the | 6 | | Board Department of Revenue . Any person that knowingly violates | 7 | | this paragraph is guilty of a Class A misdemeanor, the fine for | 8 | | which shall not exceed $50,000.
| 9 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| 10 | | (230 ILCS 30/13) (from Ch. 120, par. 1133)
| 11 | | Sec. 13.
The Illinois Administrative Procedure Act shall | 12 | | apply to all
administrative rules and procedures of the Board | 13 | | Department of Revenue under this
Act, except that (1) paragraph | 14 | | (b) of Section 5-10 of the Illinois
Administrative Procedure | 15 | | Act does not apply to final orders, decisions and
opinions of | 16 | | the Board Department , (2) subparagraph (a)(ii) of Section
5-10 | 17 | | of the
Illinois Administrative Procedure Act does not apply to | 18 | | forms established by
the Board Department for use under this | 19 | | Act, (3) the provisions of Section 10-45 of
the Illinois | 20 | | Administrative Procedure Act regarding proposals for decision | 21 | | are
excluded and not applicable to the Board Department under | 22 | | this Act, and (4) the
provisions of subsection (d) of Section | 23 | | 10-65 of the
Illinois Administrative Procedure Act do not apply | 24 | | so as to prevent summary
suspension of any license pending | 25 | | revocation or other action, which suspension
shall remain in |
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| 1 | | effect unless modified by the Board Department or unless the | 2 | | Board's
Department's decision is reversed on the merits in | 3 | | proceedings conducted
pursuant to the Administrative Review | 4 | | Law.
| 5 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 6 | | (230 ILCS 30/14) (from Ch. 120, par. 1134)
| 7 | | Sec. 14.
(a) There is hereby created the Illinois Gaming | 8 | | Law
Enforcement Fund, a special fund in the State Treasury.
| 9 | | (b) The General Assembly shall appropriate two-thirds of | 10 | | the monies in
such fund to the Board Department of Revenue , | 11 | | Department of State Police and the
Office of the Attorney | 12 | | General for State law enforcement purposes. The
remaining | 13 | | one-third of the monies in such fund shall be appropriated to | 14 | | the Board
Department of Revenue for the purpose of distribution | 15 | | in the form of
grants to counties or municipalities for law | 16 | | enforcement purposes.
| 17 | | The amount of a grant to counties or municipalities shall | 18 | | bear the same
ratio to the total amount of grants made as the | 19 | | number of licenses issued
in counties or municipalities bears | 20 | | to the total number of licenses
issued in the State. In | 21 | | computing the number of licenses issued in a
county, licenses | 22 | | issued for locations within a municipality's boundaries
shall | 23 | | be excluded.
| 24 | | (c) (Blank).
| 25 | | (Source: P.A. 90-372, eff. 7-1-98.)
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| 1 | | (230 ILCS 30/15) (from Ch. 120, par. 1135)
| 2 | | Sec. 15.
Any law enforcement agency that takes action | 3 | | relating to
the operation of a charitable game shall notify the | 4 | | Board Department of Revenue
and specify the extent of the | 5 | | action taken and the reasons for such action.
| 6 | | (Source: P.A. 84-1303.)
| 7 | | (230 ILCS 30/16 new) | 8 | | Sec. 16. The Illinois Gaming Board. | 9 | | (a) On the effective date of this amendatory Act of the | 10 | | 97th General Assembly, all powers, duties, rights, and | 11 | | responsibilities of the Department of Revenue under this Act | 12 | | shall be transferred to the Illinois Gaming Board. | 13 | | (b) The personnel of the Department of Revenue that is | 14 | | responsible for enforcing this Act shall be transferred to the | 15 | | Illinois Gaming Board. The status and rights of such employees | 16 | | under the Personnel Code shall not be affected by the transfer. | 17 | | The rights of the employees and the State of Illinois and its | 18 | | agencies under the Personnel Code and applicable collective | 19 | | bargaining agreements or under any pension, retirement, or | 20 | | annuity plan shall not be affected by this amendatory Act of | 21 | | the 97th General Assembly. To the extent that an employee | 22 | | performs any other duties for the Department of Revenue that do | 23 | | not relate to the enforcement of this Act, that employee shall | 24 | | be transferred at the Governor's discretion. |
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| 1 | | (c) All books, records, papers, documents, property (real | 2 | | and personal), contracts, causes of action, and pending | 3 | | business pertaining to the powers, duties, rights, and | 4 | | responsibilities transferred by this amendatory Act of the 97th | 5 | | General Assembly from the Department of Revenue to the Illinois | 6 | | Gaming Board, including, but not limited to, material in | 7 | | electronic or magnetic format and necessary computer hardware | 8 | | and software, shall be transferred to the Illinois Gaming | 9 | | Board. | 10 | | (d) All unexpended appropriations and balances and other | 11 | | funds available for use by the Department of Revenue for the | 12 | | specific purposes under this Act shall be transferred for use | 13 | | by the Illinois Gaming Board pursuant to the direction of the | 14 | | Governor. Unexpended balances so transferred shall be expended | 15 | | only for the purpose for which the appropriations were | 16 | | originally made. | 17 | | (e) The powers, duties, rights, and responsibilities | 18 | | transferred from the Department of Revenue by this amendatory | 19 | | Act of the 97th General Assembly shall be vested in and shall | 20 | | be exercised by the Illinois Gaming Board. | 21 | | (f) Whenever reports or notices are now required to be made | 22 | | or given or papers or documents furnished or served by any | 23 | | person to or upon the Department of Revenue in connection with | 24 | | any of the powers, duties, rights, and responsibilities | 25 | | transferred by this amendatory Act of the 97th General | 26 | | Assembly, the same shall be made, given, furnished, or served |
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| 1 | | in the same manner to or upon the Illinois Gaming Board. | 2 | | (g) This amendatory Act of the 97th General Assembly does | 3 | | not affect any act done, ratified, or canceled or any right | 4 | | occurring or established or any action or proceeding had or | 5 | | commenced in an administrative, civil, or criminal cause by the | 6 | | Department of Revenue before this amendatory Act of the 97th | 7 | | General Assembly takes effect; such actions or proceedings may | 8 | | be prosecuted and continued by the Illinois Gaming Board. | 9 | | (h) Any rules of the Department of Revenue adopted under | 10 | | this Act that relate to its powers, duties, rights, and | 11 | | responsibilities and are in full force on the effective date of | 12 | | this amendatory Act of the 97th General Assembly shall become | 13 | | the rules of the Illinois Gaming Board. This amendatory Act of | 14 | | the 97th General Assembly does not affect the legality of any | 15 | | such rules in the Illinois Administrative Code. | 16 | | Any proposed rules filed with the Secretary of State by the | 17 | | Department of Revenue that are pending in the rulemaking | 18 | | process on the effective date of this amendatory Act of the | 19 | | 97th General Assembly and pertain to the powers, duties, | 20 | | rights, and responsibilities transferred, shall be deemed to | 21 | | have been filed by the Illinois Gaming Board. As soon as | 22 | | practicable hereafter, the Illinois Gaming Board shall revise | 23 | | and clarify the rules transferred to it under this amendatory | 24 | | Act of the 97th General Assembly to reflect the reorganization | 25 | | of powers, duties, rights, and responsibilities affected by | 26 | | this amendatory Act, using the procedures for recodification of |
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| 1 | | rules available under the Illinois Administrative Procedure | 2 | | Act, except that existing title, part, and section numbering | 3 | | for the affected rules may be retained. The Illinois Gaming | 4 | | Board may propose and adopt under the Illinois Administrative | 5 | | Procedure Act such other rules of the Department of Revenue | 6 | | that will now be administered by the Illinois Gaming Board.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 230 ILCS 30/2 | from Ch. 120, par. 1122 | | 4 | | 230 ILCS 30/3 | from Ch. 120, par. 1123 | | 5 | | 230 ILCS 30/4 | from Ch. 120, par. 1124 | | 6 | | 230 ILCS 30/5 | from Ch. 120, par. 1125 | | 7 | | 230 ILCS 30/6 | from Ch. 120, par. 1126 | | 8 | | 230 ILCS 30/7 | from Ch. 120, par. 1127 | | 9 | | 230 ILCS 30/8 | from Ch. 120, par. 1128 | | 10 | | 230 ILCS 30/9 | from Ch. 120, par. 1129 | | 11 | | 230 ILCS 30/10 | from Ch. 120, par. 1130 | | 12 | | 230 ILCS 30/12 | from Ch. 120, par. 1132 | | 13 | | 230 ILCS 30/13 | from Ch. 120, par. 1133 | | 14 | | 230 ILCS 30/14 | from Ch. 120, par. 1134 | | 15 | | 230 ILCS 30/15 | from Ch. 120, par. 1135 | | 16 | | 230 ILCS 30/16 new | |
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