Full Text of HB4403 94th General Assembly
HB4403 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4403
Introduced 01/05/06, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
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20 ILCS 301/5-20 |
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20 ILCS 2505/2505-305 |
was 20 ILCS 2505/39b15.1 |
35 ILCS 143/99-99 |
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70 ILCS 1825/5.1 |
from Ch. 19, par. 255.1 |
205 ILCS 670/12.5 |
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230 ILCS 10/1 |
from Ch. 120, par. 2401 |
230 ILCS 10/2 |
from Ch. 120, par. 2402 |
230 ILCS 10/3 |
from Ch. 120, par. 2403 |
230 ILCS 10/4 |
from Ch. 120, par. 2404 |
230 ILCS 10/5 |
from Ch. 120, par. 2405 |
230 ILCS 10/7 |
from Ch. 120, par. 2407 |
230 ILCS 10/7.1 |
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230 ILCS 10/7.3 |
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230 ILCS 10/8 |
from Ch. 120, par. 2408 |
230 ILCS 10/9 |
from Ch. 120, par. 2409 |
230 ILCS 10/11 |
from Ch. 120, par. 2411 |
230 ILCS 10/11.1 |
from Ch. 120, par. 2411.1 |
230 ILCS 10/12 |
from Ch. 120, par. 2412 |
230 ILCS 10/13 |
from Ch. 120, par. 2413 |
230 ILCS 10/13.2 new |
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230 ILCS 10/18 |
from Ch. 120, par. 2418 |
230 ILCS 10/20 |
from Ch. 120, par. 2420 |
235 ILCS 5/5-1 |
from Ch. 43, par. 115 |
235 ILCS 5/6-30 |
from Ch. 43, par. 144f |
720 ILCS 5/28-1 |
from Ch. 38, par. 28-1 |
720 ILCS 5/28-1.1 |
from Ch. 38, par. 28-1.1 |
720 ILCS 5/28-3 |
from Ch. 38, par. 28-3 |
720 ILCS 5/28-5 |
from Ch. 38, par. 28-5 |
720 ILCS 5/28-7 |
from Ch. 38, par. 28-7 |
815 ILCS 420/2 |
from Ch. 121 1/2, par. 1852 |
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Amends the Riverboat Gambling Act. Changes the name of the Act to the Riverboat and Casino Gambling Act. Provides that the Board may issue an owners license authorizing the conduct of gambling operations in a casino located in a municipality with a population of more than 500,000 inhabitants pursuant to a process of competitive bidding. Provides that the casino shall be limited to 4,000 gaming positions. Provides for distribution of the proceeds from the casino to the 5 State-funded pension funds and certain pension funds established for the City of Chicago. Makes other changes. Amends various other Acts to make conforming changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Alcoholism and Other Drug Abuse and | 5 |
| Dependency Act is amended by changing Section 5-20 as follows:
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| (20 ILCS 301/5-20)
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| Sec. 5-20. Compulsive gambling program.
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| (a) Subject to appropriation, the Department shall | 9 |
| establish a program for
public education, research, and | 10 |
| training regarding problem and compulsive
gambling and the | 11 |
| treatment and prevention of problem and compulsive gambling.
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| Subject to specific appropriation for these stated purposes, | 13 |
| the program must
include all of the following:
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| (1) Establishment and maintenance of a toll-free "800" | 15 |
| telephone number
to provide crisis counseling and referral | 16 |
| services to families experiencing
difficulty as a result of | 17 |
| problem or compulsive gambling.
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| (2) Promotion of public awareness regarding the | 19 |
| recognition and
prevention of problem and compulsive | 20 |
| gambling.
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| (3) Facilitation, through in-service training and | 22 |
| other means, of the
availability of effective assistance | 23 |
| programs for problem and compulsive
gamblers.
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| (4) Conducting studies to identify adults and | 25 |
| juveniles in this
State who are, or who are at risk of | 26 |
| becoming, problem or compulsive gamblers.
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| (b) Subject to appropriation, the Department shall either | 28 |
| establish and
maintain the program or contract with a private | 29 |
| or public entity for the
establishment and maintenance of the | 30 |
| program. Subject to appropriation, either
the Department or the | 31 |
| private or public entity shall implement the toll-free
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| telephone number, promote public awareness, and conduct |
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| in-service training
concerning problem and compulsive | 2 |
| gambling.
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| (c) Subject to appropriation, the Department shall produce | 4 |
| and supply the
signs specified in Section 10.7 of the Illinois | 5 |
| Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | 6 |
| 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | 7 |
| of the Charitable Games Act, and Section 13.1 of the Riverboat
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| and Casino Gambling Act.
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| (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
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| Section 10. The Department of Revenue Law of the
Civil | 11 |
| Administrative Code of Illinois is amended by changing Section | 12 |
| 2505-305 as follows:
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| (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
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| Sec. 2505-305. Investigators.
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| (a) The Department has the power to
appoint investigators | 16 |
| to conduct all investigations,
searches, seizures, arrests, | 17 |
| and other duties imposed under the provisions
of any law | 18 |
| administered by the Department
or the Illinois Gaming Board.
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| Except as provided in subsection (c), these investigators have
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| and
may exercise all the powers of peace officers solely for | 21 |
| the purpose of
enforcing taxing measures administered by the | 22 |
| Department
or the Illinois Gaming Board.
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| (b) The Director must authorize to each investigator | 24 |
| employed under this
Section and
to any other employee of the | 25 |
| Department exercising the powers of a peace
officer a
distinct | 26 |
| badge that, on its face, (i) clearly states that the badge is
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| authorized
by the
Department and (ii)
contains a unique | 28 |
| identifying number.
No other badge shall be authorized by
the | 29 |
| Department.
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| (c) Investigators appointed under this Section who are | 31 |
| assigned to the
Illinois Gaming Board have and may exercise all
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| the rights and powers
of peace officers,
provided that these | 33 |
| powers shall be limited to offenses or violations occurring
or | 34 |
| committed on a riverboat or dock or in a casino , as defined in |
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| subsections (d) and (f) of
Section 4 of the Riverboat and | 2 |
| Casino
Gambling Act.
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| (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, | 4 |
| eff. 1-1-02.)
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| Section 15. The Tobacco Products Tax Act of 1995 is amended | 6 |
| by changing Section 99-99 as follows:
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| (35 ILCS 143/99-99)
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| Sec. 99-99. Effective date. This Section, Sections 10-1 | 9 |
| through 10-90 of
this Act, the changes to the Illinois | 10 |
| Administrative Procedure Act, the changes
to the State | 11 |
| Employees Group Insurance Act of 1971, the changes to Sec. 5 of
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| the Children and Family Services Act, the changes to Sec. 8.27 | 13 |
| of the State
Finance Act, the changes to Secs. 16-136.2, | 14 |
| 16-153.2, and 17-156.3 of the
Illinois Pension Code, Sec. 8.19 | 15 |
| of the State Mandates Act, the changes to Sec.
8.2 of the | 16 |
| Abused and Neglected Child Reporting Act, and the changes to | 17 |
| the
Unemployment Insurance Act take effect upon becoming law.
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| The following provisions take effect July 1, 1995: the | 19 |
| changes to the
Illinois Act on the Aging and the Civil | 20 |
| Administrative Code of Illinois; the
changes to Secs. 7 and | 21 |
| 8a-13 of the Children and Family Services Act; the
changes to | 22 |
| the Disabled Persons Rehabilitation Act; Secs. 5.408, 5.409, | 23 |
| 6z-39,
and 6z-40 and the changes to Sec. 8.16 of the State | 24 |
| Finance Act; the changes to
the State Prompt Payment Act, the | 25 |
| Illinois Income Tax Act, and Sec. 16-133.3 of
the Illinois | 26 |
| Pension Code; Sec. 2-3.117 and the changes to Secs. 14-7.02 and
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| 14-15.01 of the School Code; Sec. 2-201.5 of the Nursing Home | 28 |
| Care Act; the
changes to the Child Care Act of 1969 and the | 29 |
| Riverboat and Casino Gambling Act; the
changes to Secs. 3-1, | 30 |
| 3-1a, 3-3, 3-4, 3-13, 5-2.1, 5-5, 5-5.02, 5-5.4, 5-13,
5-16.3, | 31 |
| 5-16.5, 5A-2, 5A-3, 5C-2, 5C-7, 5D-1, 5E-10, 6-8, 6-11, 9-11, | 32 |
| 12-4.4,
12-10.2, and 14-8 and the repeal of Sec. 9-11 of the | 33 |
| Illinois Public Aid Code;
the changes to Sec. 3 of the Abused | 34 |
| and Neglected Child Reporting Act; and the
changes to the |
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| Juvenile Court Act of 1987, the Adoption Act, and the Probate
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| Act of 1975.
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| The remaining provisions of this Act take effect on the | 4 |
| uniform effective
date as provided in the Effective Date of | 5 |
| Laws Act.
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| (Source: P.A. 89-21, eff. 6-6-95.)
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| Section 20. The Joliet Regional Port District Act is | 8 |
| amended by changing Section 5.1 as follows:
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| (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
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| Sec. 5.1. Riverboat gambling. Notwithstanding any other | 11 |
| provision of
this Act, the District may not regulate the | 12 |
| operation, conduct, or
navigation of any riverboat gambling | 13 |
| casino licensed under the Riverboat and Casino
Gambling Act, | 14 |
| and the District
may not license, tax, or otherwise levy any | 15 |
| assessment of any kind on
any riverboat gambling casino | 16 |
| licensed under the Riverboat and Casino Gambling Act. The
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| General Assembly declares that the powers to regulate the | 18 |
| operation,
conduct, and navigation of riverboat gambling | 19 |
| casinos and to license, tax,
and levy assessments upon | 20 |
| riverboat gambling casinos are exclusive powers of
the State of | 21 |
| Illinois and the Illinois Gaming Board as provided in the
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| Riverboat and Casino Gambling Act.
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| (Source: P.A. 87-1175.)
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| Section 25. The Consumer Installment Loan Act is amended by | 25 |
| changing Section 12.5 as follows:
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| (205 ILCS 670/12.5)
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| Sec. 12.5. Limited purpose branch.
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| (a) Upon the written approval of the Director, a licensee | 29 |
| may maintain a
limited purpose branch for the sole purpose of | 30 |
| making loans as permitted by
this Act. A limited purpose branch | 31 |
| may include an automatic loan machine. No
other activity shall | 32 |
| be conducted at the site, including but not limited to,
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| accepting payments, servicing the accounts, or collections.
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| (b) The licensee must submit an application for a limited | 3 |
| purpose branch to
the Director on forms prescribed by the | 4 |
| Director with an application fee of
$300. The approval for the | 5 |
| limited purpose branch must be renewed concurrently
with the | 6 |
| renewal of the licensee's license along with a renewal fee of | 7 |
| $300 for
the limited purpose branch.
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| (c) The books, accounts, records, and files of the limited | 9 |
| purpose branch's
transactions shall be maintained at the | 10 |
| licensee's licensed location. The
licensee shall notify the | 11 |
| Director of the licensed location at which the books,
accounts, | 12 |
| records, and files shall be maintained.
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| (d) The licensee shall prominently display at the limited | 14 |
| purpose branch the
address and telephone number of the | 15 |
| licensee's licensed location.
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| (e) No other business shall be conducted at the site of the | 17 |
| limited purpose
branch unless authorized by the Director.
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| (f) The Director shall make and enforce reasonable rules | 19 |
| for the conduct of
a limited purpose branch.
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| (g) A limited purpose branch may not be located
within | 21 |
| 1,000 feet of a facility operated by an inter-track wagering | 22 |
| licensee or
an organization licensee subject to the Illinois | 23 |
| Horse Racing Act of 1975,
on a riverboat or in a casino subject | 24 |
| to
the Riverboat and Casino Gambling Act, or within 1,000 feet | 25 |
| of the location at which the
riverboat docks or within 1,000 | 26 |
| feet of a casino .
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| (Source: P.A. 90-437, eff. 1-1-98.)
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| Section 30. The Riverboat Gambling Act is amended by | 29 |
| changing Sections 1, 2, 3, 4, 5, 7, 7.1, 7.3, 8, 9, 11, 11.1, | 30 |
| 12, 13, 18, and 20 and by adding Section 13.2 as follows:
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| (230 ILCS 10/1) (from Ch. 120, par. 2401)
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| Sec. 1. Short title. This Act shall be known and may be | 33 |
| cited as the
Riverboat and Casino Gambling Act.
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| (Source: P.A. 86-1029.)
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| (230 ILCS 10/2) (from Ch. 120, par. 2402)
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| Sec. 2. Legislative Intent.
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| (a) This Act is intended to benefit the
people of the State | 4 |
| of Illinois
by assisting economic development and promoting | 5 |
| Illinois tourism
and by increasing the amount of revenues | 6 |
| available to the State to assist and
support education.
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| (b) While authorization of riverboat and casino gambling | 8 |
| will enhance investment,
development and tourism in Illinois, | 9 |
| it is recognized that it will do so
successfully only if public | 10 |
| confidence and trust in the credibility and
integrity of the | 11 |
| gambling operations and the regulatory process is
maintained. | 12 |
| Therefore, regulatory provisions of this Act are designed to
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| strictly regulate the facilities, persons, associations and | 14 |
| practices
related to gambling operations pursuant to the police | 15 |
| powers of the State,
including comprehensive law enforcement | 16 |
| supervision.
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| (c) The Illinois Gaming Board established under this Act | 18 |
| should, as soon
as possible, inform each applicant for an | 19 |
| owners license of the Board's
intent to grant or deny a | 20 |
| license.
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| (Source: P.A. 93-28, eff. 6-20-03.)
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| (230 ILCS 10/3) (from Ch. 120, par. 2403)
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| Sec. 3. Riverboat Gambling Authorized.
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| (a) Riverboat and casino gambling
operations and the system | 25 |
| of wagering
incorporated therein, as defined in this Act, are | 26 |
| hereby authorized to the
extent that they are carried out in | 27 |
| accordance with the provisions of this
Act.
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| (b) This Act does not apply to the pari-mutuel system of | 29 |
| wagering used
or intended to be used in connection with the | 30 |
| horse-race meetings as
authorized under the Illinois Horse | 31 |
| Racing Act of 1975, lottery games
authorized under the Illinois | 32 |
| Lottery Law, bingo authorized under the Bingo
License and Tax | 33 |
| Act, charitable games authorized under the Charitable Games
Act | 34 |
| or pull tabs and jar games conducted under the Illinois Pull |
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| Tabs and Jar
Games Act.
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| (c) Riverboat gambling conducted pursuant to this Act may | 3 |
| be authorized
upon any water within the State of Illinois or | 4 |
| any
water other than Lake Michigan which constitutes a boundary | 5 |
| of the State
of Illinois.
A licensee may conduct riverboat | 6 |
| gambling authorized under this Act
regardless of whether it | 7 |
| conducts excursion cruises. A licensee may permit
the | 8 |
| continuous ingress and egress of passengers for the purpose of
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| gambling.
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| (Source: P.A. 91-40, eff. 6-25-99.)
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| (230 ILCS 10/4) (from Ch. 120, par. 2404)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Board" means the Illinois Gaming Board.
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| (b) "Occupational license" means a license issued by the | 15 |
| Board to a
person or entity to perform an occupation which the | 16 |
| Board has identified as
requiring a license to engage in | 17 |
| riverboat or casino gambling in Illinois.
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| (c) "Gambling game" includes, but is not limited to, | 19 |
| baccarat,
twenty-one, poker, craps, slot machine, video game of | 20 |
| chance, roulette
wheel, klondike table, punchboard, faro | 21 |
| layout, keno layout, numbers
ticket, push card, jar ticket, or | 22 |
| pull tab which is authorized by the Board
as a wagering device | 23 |
| under this Act.
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| (d) "Riverboat" means a self-propelled excursion boat, a
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| permanently moored barge, or permanently moored barges that are | 26 |
| permanently
fixed together to operate as one vessel, on which | 27 |
| lawful gambling is
authorized and licensed as
provided in this | 28 |
| Act.
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| (e) "Managers license" means a license issued by the Board | 30 |
| to a person or
entity
to manage gambling operations conducted | 31 |
| by the State pursuant to Section 7.3
7.2 .
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| (f) "Dock" means the location where a riverboat moors for | 33 |
| the purpose of
embarking passengers for and disembarking | 34 |
| passengers from the riverboat.
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| (g) "Gross receipts" means the total amount of money |
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| exchanged for the
purchase of chips, tokens or electronic cards | 2 |
| by riverboat or casino patrons.
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| (h) "Adjusted gross receipts" means the gross receipts less
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| winnings paid to wagerers.
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| (i) "Cheat" means to alter the selection of criteria which | 6 |
| determine the
result of a gambling game or the amount or | 7 |
| frequency of payment in a gambling
game.
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| (j) "Department" means the Department of Revenue.
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| (k) "Gambling operation" means the conduct of authorized | 10 |
| gambling games
upon a riverboat or in a casino .
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| (l) "License bid" means the lump sum amount of money that | 12 |
| an applicant
bids and agrees to pay the State in return for an | 13 |
| owners license that is
re-issued on or after July 1, 2003.
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| (m) The terms "minority person" and "female" shall have the | 15 |
| same meaning
as
defined in
Section 2 of the Business Enterprise | 16 |
| for Minorities, Females, and Persons with
Disabilities Act.
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| (n) "Casino" means a land-based facility at which lawful | 18 |
| gambling is authorized as provided in this Act.
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| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | 20 |
| revised 1-28-04.)
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| (230 ILCS 10/5) (from Ch. 120, par. 2405)
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| Sec. 5. Gaming Board.
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| (a) (1) There is hereby established within the Department | 24 |
| of Revenue an
Illinois Gaming Board which shall have the powers | 25 |
| and duties specified in
this Act, and all other powers | 26 |
| necessary and proper to fully and
effectively execute this Act | 27 |
| for the purpose of administering, regulating,
and enforcing the | 28 |
| system of riverboat and casino gambling established by this | 29 |
| Act. Its
jurisdiction shall extend under this Act to every | 30 |
| person, association,
corporation, partnership and trust | 31 |
| involved in riverboat and casino gambling
operations in the | 32 |
| State of Illinois.
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| (2) The Board shall consist of 5 members to be appointed by | 34 |
| the Governor
with the advice and consent of the Senate, one of | 35 |
| whom shall be designated
by the Governor to be chairman. Each |
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| member shall have a reasonable
knowledge of the practice, | 2 |
| procedure and principles of gambling operations.
Each member | 3 |
| shall either be a resident of Illinois or shall certify that he
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| will become a resident of Illinois before taking office. At | 5 |
| least one member
shall be experienced in law enforcement and | 6 |
| criminal investigation, at
least one member shall be a | 7 |
| certified public accountant experienced in
accounting and | 8 |
| auditing, and at least one member shall be a lawyer licensed
to | 9 |
| practice law in Illinois.
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| (3) The terms of office of the Board members shall be 3 | 11 |
| years, except
that the terms of office of the initial Board | 12 |
| members appointed pursuant to
this Act will commence from the | 13 |
| effective date of this Act and run as
follows: one for a term | 14 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 15 |
| a term ending July 1, 1993. Upon the expiration of the
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| foregoing terms, the successors of such members shall serve a | 17 |
| term for 3
years and until their successors are appointed and | 18 |
| qualified for like terms.
Vacancies in the Board shall be | 19 |
| filled for the unexpired term in like
manner as original | 20 |
| appointments. Each member of the Board shall be
eligible for | 21 |
| reappointment at the discretion of the Governor with the
advice | 22 |
| and consent of the Senate.
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| (4) Each member of the Board shall receive $300 for each | 24 |
| day the
Board meets and for each day the member conducts any | 25 |
| hearing pursuant to
this Act. Each member of the Board shall | 26 |
| also be reimbursed for all actual
and necessary expenses and | 27 |
| disbursements incurred in the execution of official
duties.
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| (5) No person shall be appointed a member of the Board or | 29 |
| continue to be
a member of the Board who is, or whose spouse, | 30 |
| child or parent is, a member
of the board of directors of, or a | 31 |
| person financially interested in, any
gambling operation | 32 |
| subject to the jurisdiction of this Board, or any race
track, | 33 |
| race meeting, racing association or the operations thereof | 34 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 35 |
| Board member shall
hold any other public office for which he | 36 |
| shall receive compensation other
than necessary travel or other |
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| incidental expenses. No person shall be a
member of the Board | 2 |
| who is not of good moral character or who has been
convicted | 3 |
| of, or is under indictment for, a felony under the laws of
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| Illinois or any other state, or the United States.
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| (6) Any member of the Board may be removed by the Governor | 6 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 7 |
| in office.
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| (7) Before entering upon the discharge of the duties of his | 9 |
| office, each
member of the Board shall take an oath that he | 10 |
| will faithfully execute the
duties of his office according to | 11 |
| the laws of the State and the rules and
regulations adopted | 12 |
| therewith and shall give bond to the State of Illinois,
| 13 |
| approved by the Governor, in the sum of $25,000. Every such | 14 |
| bond, when
duly executed and approved, shall be recorded in the | 15 |
| office of the
Secretary of State. Whenever the Governor | 16 |
| determines that the bond of any
member of the Board has become | 17 |
| or is likely to become invalid or
insufficient, he shall | 18 |
| require such member forthwith to renew his bond,
which is to be | 19 |
| approved by the Governor. Any member of the Board who fails
to | 20 |
| take oath and give bond within 30 days from the date of his | 21 |
| appointment,
or who fails to renew his bond within 30 days | 22 |
| after it is demanded by the
Governor, shall be guilty of | 23 |
| neglect of duty and may be removed by the
Governor. The cost of | 24 |
| any bond given by any member of the Board under this
Section | 25 |
| shall be taken to be a part of the necessary expenses of the | 26 |
| Board.
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| (8) Upon the request of the Board, the Department shall | 28 |
| employ such
personnel as may be necessary to carry out the | 29 |
| functions of the Board. No
person shall be employed to serve | 30 |
| the Board who is, or whose spouse, parent
or child is, an | 31 |
| official of, or has a financial interest in or financial
| 32 |
| relation with, any operator engaged in gambling operations | 33 |
| within this
State or any organization engaged in conducting | 34 |
| horse racing within this
State. Any employee violating these | 35 |
| prohibitions shall be subject to
termination of employment.
| 36 |
| (9) An Administrator shall perform any and all duties that |
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| the Board
shall assign him. The salary of the Administrator | 2 |
| shall be determined by
the Board and approved by the Director | 3 |
| of the Department and, in addition,
he shall be reimbursed for | 4 |
| all actual and necessary expenses incurred by
him in discharge | 5 |
| of his official duties. The Administrator shall keep
records of | 6 |
| all proceedings of the Board and shall preserve all records,
| 7 |
| books, documents and other papers belonging to the Board or | 8 |
| entrusted to
its care. The Administrator shall devote his full | 9 |
| time to the duties of
the office and shall not hold any other | 10 |
| office or employment.
| 11 |
| (b) The Board shall have general responsibility for the | 12 |
| implementation
of this Act. Its duties include, without | 13 |
| limitation, the following:
| 14 |
| (1) To decide promptly and in reasonable order all | 15 |
| license applications.
Any party aggrieved by an action of | 16 |
| the Board denying, suspending,
revoking, restricting or | 17 |
| refusing to renew a license may request a hearing
before | 18 |
| the Board. A request for a hearing must be made to the | 19 |
| Board in
writing within 5 days after service of notice of | 20 |
| the action of the Board.
Notice of the action of the Board | 21 |
| shall be served either by personal
delivery or by certified | 22 |
| mail, postage prepaid, to the aggrieved party.
Notice | 23 |
| served by certified mail shall be deemed complete on the | 24 |
| business
day following the date of such mailing. The Board | 25 |
| shall conduct all
requested hearings promptly and in | 26 |
| reasonable order;
| 27 |
| (2) To conduct all hearings pertaining to civil | 28 |
| violations of this Act
or rules and regulations promulgated | 29 |
| hereunder;
| 30 |
| (3) To promulgate such rules and regulations as in its | 31 |
| judgment may be
necessary to protect or enhance the | 32 |
| credibility and integrity of gambling
operations | 33 |
| authorized by this Act and the regulatory process | 34 |
| hereunder;
| 35 |
| (4) To provide for the establishment and collection of | 36 |
| all license and
registration fees and taxes imposed by this |
|
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| Act and the rules and
regulations issued pursuant hereto. | 2 |
| All such fees and taxes shall be
deposited into the State | 3 |
| Gaming Fund;
| 4 |
| (5) To provide for the levy and collection of penalties | 5 |
| and fines for the
violation of provisions of this Act and | 6 |
| the rules and regulations
promulgated hereunder. All such | 7 |
| fines and penalties shall be deposited
into the Education | 8 |
| Assistance Fund, created by Public Act 86-0018, of the
| 9 |
| State of Illinois;
| 10 |
| (6) To be present through its inspectors and agents any | 11 |
| time gambling
operations are conducted on any riverboat or | 12 |
| in any casino for the purpose of certifying the
revenue | 13 |
| thereof, receiving complaints from the public, and | 14 |
| conducting such
other investigations into the conduct of | 15 |
| the gambling games and the
maintenance of the equipment as | 16 |
| from time to time the Board may deem
necessary and proper;
| 17 |
| (7) To review and rule upon any complaint by a licensee
| 18 |
| regarding any investigative procedures of the State which | 19 |
| are unnecessarily
disruptive of gambling operations. The | 20 |
| need to inspect and investigate
shall be presumed at all | 21 |
| times. The disruption of a licensee's operations
shall be | 22 |
| proved by clear and convincing evidence, and establish | 23 |
| that: (A)
the procedures had no reasonable law enforcement | 24 |
| purposes, and (B) the
procedures were so disruptive as to | 25 |
| unreasonably inhibit gambling operations;
| 26 |
| (8) To hold at least one meeting each quarter of the | 27 |
| fiscal
year. In addition, special meetings may be called by | 28 |
| the Chairman or any 2
Board members upon 72 hours written | 29 |
| notice to each member. All Board
meetings shall be subject | 30 |
| to the Open Meetings Act. Three members of the
Board shall | 31 |
| constitute a quorum, and 3 votes shall be required for any
| 32 |
| final determination by the Board. The Board shall keep a | 33 |
| complete and
accurate record of all its meetings. A | 34 |
| majority of the members of the Board
shall constitute a | 35 |
| quorum for the transaction of any business, for the
| 36 |
| performance of any duty, or for the exercise of any power |
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| which this Act
requires the Board members to transact, | 2 |
| perform or exercise en banc, except
that, upon order of the | 3 |
| Board, one of the Board members or an
administrative law | 4 |
| judge designated by the Board may conduct any hearing
| 5 |
| provided for under this Act or by Board rule and may | 6 |
| recommend findings and
decisions to the Board. The Board | 7 |
| member or administrative law judge
conducting such hearing | 8 |
| shall have all powers and rights granted to the
Board in | 9 |
| this Act. The record made at the time of the hearing shall | 10 |
| be
reviewed by the Board, or a majority thereof, and the | 11 |
| findings and decision
of the majority of the Board shall | 12 |
| constitute the order of the Board in
such case;
| 13 |
| (9) To maintain records which are separate and distinct | 14 |
| from the records
of any other State board or commission. | 15 |
| Such records shall be available
for public inspection and | 16 |
| shall accurately reflect all Board proceedings;
| 17 |
| (10) To file a written annual report with the Governor | 18 |
| on or before
March 1 each year and such additional reports | 19 |
| as the Governor may request.
The annual report shall | 20 |
| include a statement of receipts and disbursements
by the | 21 |
| Board, actions taken by the Board, and any additional | 22 |
| information
and recommendations which the Board may deem | 23 |
| valuable or which the Governor
may request;
| 24 |
| (11) (Blank); and
| 25 |
| (12) To assume responsibility for the administration | 26 |
| and
enforcement of the Bingo License and Tax Act, the | 27 |
| Charitable Games Act, and
the Pull Tabs and Jar Games Act | 28 |
| if such responsibility is delegated to it
by the Director | 29 |
| of Revenue.
| 30 |
| (c) The Board shall have jurisdiction over and shall | 31 |
| supervise all
gambling operations governed by this Act. The | 32 |
| Board shall have all powers
necessary and proper to fully and | 33 |
| effectively execute the provisions of
this Act, including, but | 34 |
| not limited to, the following:
| 35 |
| (1) To investigate applicants and determine the | 36 |
| eligibility of
applicants for licenses and to select among |
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| competing applicants the
applicants which best serve the | 2 |
| interests of the citizens of Illinois.
| 3 |
| (2) To have jurisdiction and supervision over all | 4 |
| riverboat gambling
operations authorized under this Act in | 5 |
| this State and all persons in places
on riverboats where | 6 |
| gambling
operations are conducted.
| 7 |
| (3) To promulgate rules and regulations for the purpose | 8 |
| of administering
the provisions of this Act and to | 9 |
| prescribe rules, regulations and
conditions under which | 10 |
| all riverboat gambling operations subject to this Act in | 11 |
| the State shall be
conducted. Such rules and regulations | 12 |
| are to provide for the prevention of
practices detrimental | 13 |
| to the public interest and for the best interests of
| 14 |
| riverboat gambling, including rules and regulations | 15 |
| regarding the
inspection of such riverboats and casinos and | 16 |
| the review of any permits or licenses
necessary to operate | 17 |
| a riverboat or casino under any laws or regulations | 18 |
| applicable
to riverboats and casinos , and to impose | 19 |
| penalties for violations thereof.
| 20 |
| (4) To enter the office, riverboats, facilities, or | 21 |
| other
places of business of a licensee, where evidence of | 22 |
| the compliance or
noncompliance with the provisions of this | 23 |
| Act is likely to be found.
| 24 |
| (5) To investigate alleged violations of this Act or | 25 |
| the
rules of the Board and to take appropriate disciplinary
| 26 |
| action against a licensee or a holder of an occupational | 27 |
| license for a
violation, or institute appropriate legal | 28 |
| action for enforcement, or both.
| 29 |
| (6) To adopt standards for the licensing of all persons | 30 |
| under this Act,
as well as for electronic or mechanical | 31 |
| gambling games, and to establish
fees for such licenses.
| 32 |
| (7) To adopt appropriate standards for all riverboats , | 33 |
| casinos,
and other facilities authorized under this Act .
| 34 |
| (8) To require that the records, including financial or | 35 |
| other statements
of any licensee under this Act, shall be | 36 |
| kept in such manner as prescribed
by the Board and that any |
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| such licensee involved in the ownership or
management of | 2 |
| gambling operations submit to the Board an annual balance
| 3 |
| sheet and profit and loss statement, list of the | 4 |
| stockholders or other
persons having a 1% or greater | 5 |
| beneficial interest in the gambling
activities of each | 6 |
| licensee, and any other information the Board deems
| 7 |
| necessary in order to effectively administer this Act and | 8 |
| all rules,
regulations, orders and final decisions | 9 |
| promulgated under this Act.
| 10 |
| (9) To conduct hearings, issue subpoenas for the | 11 |
| attendance of
witnesses and subpoenas duces tecum for the | 12 |
| production of books, records
and other pertinent documents | 13 |
| in accordance with the Illinois
Administrative Procedure | 14 |
| Act, and to administer oaths and affirmations to
the | 15 |
| witnesses, when, in the judgment of the Board, it is | 16 |
| necessary to
administer or enforce this Act or the Board | 17 |
| rules.
| 18 |
| (10) To prescribe a form to be used by any licensee | 19 |
| involved in the
ownership or management of gambling | 20 |
| operations as an
application for employment for their | 21 |
| employees.
| 22 |
| (11) To revoke or suspend licenses, as the Board may | 23 |
| see fit and in
compliance with applicable laws of the State | 24 |
| regarding administrative
procedures, and to review | 25 |
| applications for the renewal of licenses. The
Board may | 26 |
| suspend an owners license, without notice or hearing upon a
| 27 |
| determination that the safety or health of patrons or | 28 |
| employees is
jeopardized by continuing a gambling | 29 |
| operation conducted under that license
a riverboat's | 30 |
| operation . The suspension may
remain in effect until the | 31 |
| Board determines that the cause for suspension
has been | 32 |
| abated. The Board may revoke the owners license upon a
| 33 |
| determination that the owner has not made satisfactory | 34 |
| progress toward
abating the hazard.
| 35 |
| (12) To eject or exclude or authorize the ejection or | 36 |
| exclusion of, any
person from riverboat gambling |
|
|
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| facilities where such person is in violation
of this Act, | 2 |
| rules and regulations thereunder, or final orders of the
| 3 |
| Board, or where such person's conduct or reputation is such | 4 |
| that his
or her presence within the riverboat gambling | 5 |
| facilities may, in the opinion of
the Board, call into | 6 |
| question the honesty and integrity of the gambling
| 7 |
| operations or interfere with the orderly conduct thereof; | 8 |
| provided that the
propriety of such ejection or exclusion | 9 |
| is subject to subsequent hearing
by the Board.
| 10 |
| (13) To require all licensees of gambling operations to | 11 |
| utilize a
cashless wagering system whereby all players' | 12 |
| money is converted to tokens,
electronic cards, or chips | 13 |
| which shall be used only for wagering in the
gambling | 14 |
| establishment.
| 15 |
| (14) (Blank).
| 16 |
| (15) To suspend, revoke or restrict licenses, to | 17 |
| require the
removal of a licensee or an employee of a | 18 |
| licensee for a violation of this
Act or a Board rule or for | 19 |
| engaging in a fraudulent practice, and to
impose civil | 20 |
| penalties of up to $5,000 against individuals and up to
| 21 |
| $10,000 or an amount equal to the daily gross receipts, | 22 |
| whichever is
larger, against licensees for each violation | 23 |
| of any provision of the Act,
any rules adopted by the | 24 |
| Board, any order of the Board or any other action
which, in | 25 |
| the Board's discretion, is a detriment or impediment to | 26 |
| riverboat
gambling operations.
| 27 |
| (16) To hire employees to gather information, conduct | 28 |
| investigations
and carry out any other tasks contemplated | 29 |
| under this Act.
| 30 |
| (17) To establish minimum levels of insurance to be | 31 |
| maintained by
licensees.
| 32 |
| (18) To authorize a licensee to sell or serve alcoholic | 33 |
| liquors, wine or
beer as defined in the Liquor Control Act | 34 |
| of 1934 on board a riverboat
or in a casino and to have | 35 |
| exclusive authority to establish the hours for sale and
| 36 |
| consumption of alcoholic liquor on board a riverboat or in |
|
|
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| a casino , notwithstanding any
provision of the Liquor | 2 |
| Control Act of 1934 or any local ordinance, and
regardless | 3 |
| of whether the riverboat makes excursions. The
| 4 |
| establishment of the hours for sale and consumption of | 5 |
| alcoholic liquor on
board a riverboat or in a casino is an | 6 |
| exclusive power and function of the State. A home
rule unit | 7 |
| may not establish the hours for sale and consumption of | 8 |
| alcoholic
liquor on board a riverboat or in a casino . This | 9 |
| amendatory Act of 1991 is a denial and
limitation of home | 10 |
| rule powers and functions under subsection (h) of
Section 6 | 11 |
| of Article VII of the Illinois Constitution.
| 12 |
| (19) After consultation with the U.S. Army Corps of | 13 |
| Engineers, to
establish binding emergency orders upon the | 14 |
| concurrence of a majority of
the members of the Board | 15 |
| regarding the navigability of water, relative to
| 16 |
| excursions,
in the event
of extreme weather conditions, | 17 |
| acts of God or other extreme circumstances.
| 18 |
| (20) To delegate the execution of any of its powers | 19 |
| under this Act for
the purpose of administering and | 20 |
| enforcing this Act and its rules and
regulations hereunder.
| 21 |
| (21) To take any other action as may be reasonable or | 22 |
| appropriate to
enforce this Act and rules and regulations | 23 |
| hereunder.
| 24 |
| (d) The Board may seek and shall receive the cooperation of | 25 |
| the
Department of State Police in conducting background | 26 |
| investigations of
applicants and in fulfilling its | 27 |
| responsibilities under
this Section. Costs incurred by the | 28 |
| Department of State Police as
a result of such cooperation | 29 |
| shall be paid by the Board in conformance
with the requirements | 30 |
| of Section 2605-400 of the Department of State Police Law
(20 | 31 |
| ILCS 2605/2605-400).
| 32 |
| (e) The Board must authorize to each investigator and to | 33 |
| any other
employee of the Board exercising the powers of a | 34 |
| peace officer a distinct badge
that, on its face, (i) clearly | 35 |
| states that the badge is authorized by the Board
and
(ii) | 36 |
| contains a unique identifying number. No other badge shall be |
|
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| authorized
by the Board.
| 2 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 3 |
| eff.
1-1-01.)
| 4 |
| (230 ILCS 10/7) (from Ch. 120, par. 2407)
| 5 |
| Sec. 7. Owners Licenses.
| 6 |
| (a) The Board shall issue owners licenses to persons, firms | 7 |
| or
corporations which apply for such licenses upon payment to | 8 |
| the Board of the
non-refundable license fee set by the Board, | 9 |
| upon payment of a $25,000
license fee for the first year of | 10 |
| operation and a $5,000 license fee for
each succeeding year and | 11 |
| upon a determination by the Board that the
applicant is | 12 |
| eligible for an owners license pursuant to this Act and the
| 13 |
| rules of the Board. A person, firm or corporation is ineligible | 14 |
| to receive
an owners license if:
| 15 |
| (1) the person has been convicted of a felony under the | 16 |
| laws of this
State, any other state, or the United States;
| 17 |
| (2) the person has been convicted of any violation of | 18 |
| Article 28 of the
Criminal Code of 1961, or substantially | 19 |
| similar laws of any other jurisdiction;
| 20 |
| (3) the person has submitted an application for a | 21 |
| license under this
Act which contains false information;
| 22 |
| (4) the person is
a member of the Board;
| 23 |
| (5) a person defined in (1), (2), (3) or (4) is an | 24 |
| officer, director or
managerial employee of the firm or | 25 |
| corporation;
| 26 |
| (6) the firm or corporation employs a person defined in | 27 |
| (1), (2), (3) or
(4) who participates in the management or | 28 |
| operation of gambling operations
authorized under this | 29 |
| Act;
| 30 |
| (7) (blank); or
| 31 |
| (8) a license of the person, firm or corporation issued | 32 |
| under
this Act, or a license to own or operate gambling | 33 |
| facilities
in any other jurisdiction, has been revoked.
| 34 |
| (b) In determining whether to grant an owners license to an | 35 |
| applicant, the
Board shall consider:
|
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| (1) the character, reputation, experience and | 2 |
| financial integrity of the
applicants and of any other or | 3 |
| separate person that either:
| 4 |
| (A) controls, directly or indirectly, such | 5 |
| applicant, or
| 6 |
| (B) is controlled, directly or indirectly, by such | 7 |
| applicant or by a
person which controls, directly or | 8 |
| indirectly, such applicant;
| 9 |
| (2) the facilities or proposed facilities for the | 10 |
| conduct of riverboat
gambling;
| 11 |
| (3) the highest prospective total revenue to be derived | 12 |
| by the State
from the conduct of riverboat gambling;
| 13 |
| (4) the extent to which the ownership of the applicant | 14 |
| reflects the
diversity of the State by including minority | 15 |
| persons and females
and the good faith affirmative action | 16 |
| plan of
each applicant to recruit, train and upgrade | 17 |
| minority persons and females in all employment | 18 |
| classifications;
| 19 |
| (5) the financial ability of the applicant to purchase | 20 |
| and maintain
adequate liability and casualty insurance;
| 21 |
| (6) whether the applicant has adequate capitalization | 22 |
| to provide and
maintain, for the duration of a license, a | 23 |
| riverboat;
| 24 |
| (7) the extent to which the applicant exceeds or meets | 25 |
| other standards
for the issuance of an owners license which | 26 |
| the Board may adopt by rule;
and
| 27 |
| (8) The amount of the applicant's license bid.
| 28 |
| (c) Each owners license shall specify the place where | 29 |
| riverboats shall
operate and dock.
| 30 |
| (d) Each applicant shall submit with his application, on | 31 |
| forms
provided by the Board, 2 sets of his fingerprints.
| 32 |
| (e) The Board may issue up to 10 licenses authorizing the | 33 |
| holders of such
licenses to own riverboats. In the application | 34 |
| for an owners license, the
applicant shall state the dock at | 35 |
| which the riverboat is based and the water
on which the | 36 |
| riverboat will be located. The Board shall issue 5 licenses to
|
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| 1 |
| become effective not earlier than January 1, 1991. Three of | 2 |
| such licenses
shall authorize riverboat gambling on the | 3 |
| Mississippi River, or, with approval
by the municipality in | 4 |
| which the
riverboat was docked on August 7, 2003 and with Board | 5 |
| approval, be authorized to relocate to a new location,
in a
| 6 |
| municipality that (1) borders on the Mississippi River or is | 7 |
| within 5
miles of the city limits of a municipality that | 8 |
| borders on the Mississippi
River and (2), on August 7, 2003, | 9 |
| had a riverboat conducting riverboat gambling operations | 10 |
| pursuant to
a license issued under this Act; one of which shall | 11 |
| authorize riverboat
gambling from a home dock in the city of | 12 |
| East St. Louis. One other license
shall
authorize riverboat | 13 |
| gambling on
the Illinois River south of Marshall County. The | 14 |
| Board shall issue one
additional license to become effective | 15 |
| not earlier than March 1, 1992, which
shall authorize riverboat | 16 |
| gambling on the Des Plaines River in Will County.
The Board may | 17 |
| issue 4 additional licenses to become effective not
earlier | 18 |
| than
March 1, 1992. In determining the water upon which | 19 |
| riverboats will operate,
the Board shall consider the economic | 20 |
| benefit which riverboat gambling confers
on the State, and | 21 |
| shall seek to assure that all regions of the State share
in the | 22 |
| economic benefits of riverboat gambling.
| 23 |
| (e-5) In addition to the licenses authorized under | 24 |
| subsection (e), the Board may issue an owners license | 25 |
| authorizing the conduct of gambling operations in a casino | 26 |
| located in a municipality with a population of more than | 27 |
| 500,000 inhabitants. | 28 |
| The license authorized under this subsection (e-5) shall be | 29 |
| awarded pursuant to
a process of competitive bidding to the | 30 |
| highest bidder that is eligible to hold
an owners license under | 31 |
| this Act. The proceeds of the sale of this license shall be | 32 |
| distributed as provided in Section 13.2. | 33 |
| The licensee that receives its license under this | 34 |
| subsection (e-5)
shall attain a level of at least 20% minority | 35 |
| person and female
ownership, at least 16% and 4% respectively, | 36 |
| within a time period
prescribed by the Board,
but not to exceed |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| 12 months from the date
the licensee
begins conducting | 2 |
| riverboat gambling. The 12-month period
shall be extended by | 3 |
| the amount of
time
necessary to conduct a background | 4 |
| investigation pursuant to Section 6.
For the purposes of this
| 5 |
| Section, the terms "female" and "minority person" have the | 6 |
| meanings provided in
Section 2 of the
Business Enterprise for | 7 |
| Minorities, Females, and Persons with Disabilities
Act.
| 8 |
| (e-10) In granting all licenses, the Board may give | 9 |
| favorable consideration to
economically depressed areas of the | 10 |
| State, to applicants presenting plans
which provide for | 11 |
| significant economic development over a large geographic
area, | 12 |
| and to applicants who currently operate non-gambling | 13 |
| riverboats in
Illinois.
The Board shall review all applications | 14 |
| for owners licenses,
and shall inform each applicant of the | 15 |
| Board's decision.
The Board may grant an owners license to an
| 16 |
| applicant that has not submitted the highest license bid, but | 17 |
| if it does not
select the highest bidder, the Board shall issue | 18 |
| a written decision explaining
why another
applicant was | 19 |
| selected and identifying the factors set forth in this Section
| 20 |
| that favored the winning bidder.
| 21 |
| (e-15) In addition to any other revocation powers granted | 22 |
| to the Board under this
Act,
the Board may revoke the owners | 23 |
| license of a licensee which fails
to begin conducting gambling | 24 |
| within 15 months
of receipt of the
Board's approval of the | 25 |
| application if the Board determines that license
revocation is | 26 |
| in the best interests of the State.
| 27 |
| (f) Owners
The first 10 owners licenses issued under this | 28 |
| Act shall permit the
holder to own up to 2 riverboats and | 29 |
| equipment thereon
for a period of 3 years after the effective | 30 |
| date of the license. Holders of
the first 10 owners licenses | 31 |
| must pay the annual license fee for each of
the 3
years during | 32 |
| which they are authorized to own riverboats.
| 33 |
| (g) Upon the termination, expiration, or revocation of each | 34 |
| owners license
of the first
10 licenses , which shall be issued | 35 |
| for a 3 year period, all licenses are
renewable annually upon | 36 |
| payment of the fee and a determination by the Board
that the |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| licensee continues to meet all of the requirements of this Act | 2 |
| and the
Board's rules.
However, for licenses renewed on or | 3 |
| after May 1, 1998, renewal shall be
for a period of 4 years, | 4 |
| unless the Board sets a shorter period.
| 5 |
| (h) A licensee, other than a licensee receiving a license | 6 |
| under subsection (e-5), shall limit the number of gaming | 7 |
| participants to 1,200 for any such license. A licensee | 8 |
| receiving a license under subsection (e-5) shall limit the | 9 |
| number of gaming participants to 4,000 for any such license.
An | 10 |
| owners license shall entitle the licensee to own up to 2
| 11 |
| riverboats. A licensee shall limit the number of gambling | 12 |
| participants to
1,200 for any such owners license.
A licensee | 13 |
| may operate both of its riverboats concurrently, provided that | 14 |
| the
total number of gambling participants on both riverboats | 15 |
| does not exceed
1,200. Riverboats licensed to operate on the
| 16 |
| Mississippi River and the Illinois River south of Marshall | 17 |
| County shall
have an authorized capacity of at least 500 | 18 |
| persons. Any other riverboat
licensed under this Act shall have | 19 |
| an authorized capacity of at least 400
persons.
| 20 |
| (i) A licensed owner is authorized to apply to the Board | 21 |
| for and, if
approved therefor, to receive all licenses from the | 22 |
| Board necessary for the
operation of a riverboat or a casino , | 23 |
| including a liquor license, a license
to prepare and serve food | 24 |
| for human consumption, and other necessary
licenses. All use, | 25 |
| occupation and excise taxes which apply to the sale of
food and | 26 |
| beverages in this State and all taxes imposed on the sale or | 27 |
| use
of tangible personal property apply to such sales aboard | 28 |
| the riverboat or a casino .
| 29 |
| (j) The Board may issue or re-issue a license authorizing a | 30 |
| riverboat to
dock
in a municipality or approve a relocation | 31 |
| under Section 11.2 only if, prior
to the issuance or | 32 |
| re-issuance of
the license or approval, the governing body of | 33 |
| the municipality in which
the riverboat will dock has by a | 34 |
| majority vote approved the docking of
riverboats in the | 35 |
| municipality. The Board may issue or re-issue a license
| 36 |
| authorizing a
riverboat to dock in areas of a county outside |
|
|
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|
| 1 |
| any municipality or approve a
relocation under Section 11.2 | 2 |
| only if, prior to the issuance or re-issuance
of the license
or | 3 |
| approval, the
governing body of the county has by a majority | 4 |
| vote approved of the docking of
riverboats within such areas.
| 5 |
| (Source: P.A. 93-28, eff. 6-20-03; 93-453, eff. 8-7-03; 94-667, | 6 |
| eff. 8-23-05.)
| 7 |
| (230 ILCS 10/7.1)
| 8 |
| Sec. 7.1. Re-issuance of revoked or non-renewed owners | 9 |
| licenses.
| 10 |
| (a) If an owners license terminates or expires without | 11 |
| renewal or the Board
revokes or determines not to renew an | 12 |
| owners license (including, without
limitation, an owners | 13 |
| license for a licensee that was not conducting riverboat
| 14 |
| gambling operations on January 1, 1998)
and that revocation or | 15 |
| determination is final, the Board may re-issue such
license to
| 16 |
| a qualified applicant pursuant to an open and competitive | 17 |
| bidding process, as
set forth in Section 7.5, and subject to | 18 |
| the maximum number of authorized
licenses set forth in | 19 |
| subsections (e) and (e-5) of Section 7
Section
7(e) .
| 20 |
| (b) To be a qualified applicant, a person, firm, or | 21 |
| corporation cannot be
ineligible to receive an owners license | 22 |
| under Section 7(a) and must submit an
application for an owners | 23 |
| license that complies with Section 6. Each such
applicant must | 24 |
| also submit evidence to the Board that minority persons and
| 25 |
| females hold ownership interests in the applicant of at least | 26 |
| 16% and 4%
respectively.
| 27 |
| (c) Notwithstanding anything to the contrary in
Section | 28 |
| 7(e), an applicant
may apply to the Board for approval of | 29 |
| relocation of a re-issued license to a
new home dock location | 30 |
| authorized under Section 3(c) upon receipt of the
approval from | 31 |
| the municipality or county, as the case may be, pursuant to
| 32 |
| Section 7(j).
| 33 |
| (d) In determining whether to grant a re-issued owners | 34 |
| license to an
applicant, the
Board shall consider all of the | 35 |
| factors set forth in Section
Sections 7(b) and in Section 7(e) |
|
|
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| 1 |
| or (e-5), whichever is applicable,
(e) as
well as the amount of | 2 |
| the applicant's license bid. The Board may
grant the re-issued | 3 |
| owners license to an applicant that has not submitted the
| 4 |
| highest license bid, but if it does not select the highest | 5 |
| bidder,
the Board shall issue a written decision explaining why | 6 |
| another applicant was
selected and identifying the factors set | 7 |
| forth in Section
Sections 7(b) and in Section 7(e) or (e-5), | 8 |
| whichever is applicable,
(e) that
favored the winning bidder.
| 9 |
| (e) Re-issued owners licenses shall be subject to annual | 10 |
| license fees as
provided for in Section 7(a) and shall be | 11 |
| governed by the provisions of
Sections 7(f), (g), (h), and (i).
| 12 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 13 |
| (230 ILCS 10/7.3)
| 14 |
| Sec. 7.3. State conduct of gambling operations.
| 15 |
| (a) If, after reviewing each application for a re-issued | 16 |
| license, the
Board determines that the highest prospective | 17 |
| total revenue to the State would
be derived from State conduct | 18 |
| of the gambling operation in lieu of re-issuing
the license, | 19 |
| the Board shall inform each applicant of its decision. The | 20 |
| Board
shall thereafter have the authority, without obtaining an | 21 |
| owners license, to
conduct riverboat gambling operations as
| 22 |
| previously authorized by the terminated, expired, revoked, or | 23 |
| nonrenewed
license through a licensed manager selected | 24 |
| pursuant to an open and competitive
bidding
process as set | 25 |
| forth in Section 7.5 and as provided in Section 7.4.
| 26 |
| (b) The Board may locate any riverboat on which a gambling | 27 |
| operation is
conducted by the State in any home dock location | 28 |
| authorized by Section 3(c)
upon receipt of approval from a | 29 |
| majority vote of the governing body of the
municipality or | 30 |
| county, as the case may be, in which the riverboat will dock.
| 31 |
| (c) The Board shall have jurisdiction over and shall | 32 |
| supervise all
gambling operations conducted by the State | 33 |
| provided for in this Act and shall
have all powers necessary | 34 |
| and proper to fully and effectively execute the
provisions of | 35 |
| this Act relating to gambling operations conducted by the |
|
|
|
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LRB094 16842 AMC 52120 b |
|
| 1 |
| State.
| 2 |
| (d) The maximum number of owners licenses authorized under | 3 |
| Section 7
7(e)
shall be reduced by one for each instance in | 4 |
| which the Board authorizes the
State to conduct a riverboat | 5 |
| gambling operation under subsection (a) in lieu of
re-issuing a | 6 |
| license to an applicant under Section 7.1.
| 7 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 8 |
| (230 ILCS 10/8) (from Ch. 120, par. 2408)
| 9 |
| Sec. 8. Suppliers licenses.
| 10 |
| (a) The Board may issue a suppliers license to such | 11 |
| persons, firms or
corporations which apply therefor upon the | 12 |
| payment of a non-refundable
application fee set by the Board, | 13 |
| upon a determination by the Board that
the applicant is | 14 |
| eligible for a suppliers license and upon payment of a
$5,000 | 15 |
| annual license
fee.
| 16 |
| (b) The holder of a suppliers license is authorized to sell | 17 |
| or lease,
and to contract to sell or lease, gambling equipment | 18 |
| and supplies to any
licensee involved in the ownership or | 19 |
| management of gambling operations.
| 20 |
| (c) Gambling supplies and equipment may not be distributed
| 21 |
| unless supplies and equipment conform to standards adopted by
| 22 |
| rules of the Board.
| 23 |
| (d) A person, firm or corporation is ineligible to receive | 24 |
| a suppliers
license if:
| 25 |
| (1) the person has been convicted of a felony under the | 26 |
| laws of this
State, any other state, or the United States;
| 27 |
| (2) the person has been convicted of any violation of | 28 |
| Article 28 of the
Criminal Code of 1961, or substantially | 29 |
| similar laws of any other jurisdiction;
| 30 |
| (3) the person has submitted an application for a | 31 |
| license under this
Act which contains false information;
| 32 |
| (4) the person is a member of the Board;
| 33 |
| (5) the firm or corporation is one in which a person | 34 |
| defined in (1),
(2), (3) or (4), is an officer, director or | 35 |
| managerial employee;
|
|
|
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|
| 1 |
| (6) the firm or corporation employs a person who | 2 |
| participates in the
management or operation of riverboat | 3 |
| gambling authorized under this Act;
| 4 |
| (7) the license of the person, firm or corporation | 5 |
| issued under
this Act, or a license to own or operate | 6 |
| gambling facilities
in any other jurisdiction, has been | 7 |
| revoked.
| 8 |
| (e) Any person that supplies any equipment, devices, or | 9 |
| supplies to a
licensed riverboat or casino gambling operation | 10 |
| must first obtain a suppliers
license. A supplier shall furnish | 11 |
| to the Board a list of all equipment,
devices and supplies | 12 |
| offered for sale or lease in connection with gambling
games | 13 |
| authorized under this Act. A supplier shall keep books and | 14 |
| records
for the furnishing of equipment, devices and supplies | 15 |
| to gambling
operations separate and distinct from any other | 16 |
| business that the supplier
might operate. A supplier shall file | 17 |
| a quarterly return with the Board
listing all sales and leases. | 18 |
| A supplier shall permanently affix its name
to all its | 19 |
| equipment, devices, and supplies for gambling operations.
Any | 20 |
| supplier's equipment, devices or supplies which are used by any | 21 |
| person
in an unauthorized gambling operation shall be forfeited | 22 |
| to the State. A
licensed owner may own its own equipment, | 23 |
| devices and supplies. Each
holder of an owners license under | 24 |
| the Act shall file an annual report
listing its inventories of | 25 |
| gambling equipment, devices and supplies.
| 26 |
| (f) Any person who knowingly makes a false statement on an | 27 |
| application
is guilty of a Class A misdemeanor.
| 28 |
| (g) Any gambling equipment, devices and supplies provided | 29 |
| by any
licensed supplier may either be repaired on the | 30 |
| riverboat or at the casino or removed from
the riverboat or | 31 |
| casino to an on-shore facility owned by the holder of an owners
| 32 |
| license for repair.
| 33 |
| (Source: P.A. 86-1029; 87-826.)
| 34 |
| (230 ILCS 10/9) (from Ch. 120, par. 2409)
| 35 |
| Sec. 9. Occupational licenses.
|
|
|
|
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LRB094 16842 AMC 52120 b |
|
| 1 |
| (a) The Board may issue an occupational license to an | 2 |
| applicant upon the
payment of a non-refundable fee set by the | 3 |
| Board, upon a determination by
the Board that the applicant is | 4 |
| eligible for an occupational license and
upon payment of an | 5 |
| annual license fee in an amount to be established. To
be | 6 |
| eligible for an occupational license, an applicant must:
| 7 |
| (1) be at least 21 years of age if the applicant will | 8 |
| perform any
function involved in gaming by patrons. Any | 9 |
| applicant seeking an
occupational license for a non-gaming | 10 |
| function shall be at least 18 years
of age;
| 11 |
| (2) not have been convicted of a felony offense, a | 12 |
| violation of Article
28 of the Criminal Code of 1961, or a | 13 |
| similar statute of any other
jurisdiction, or a crime | 14 |
| involving dishonesty or moral turpitude;
| 15 |
| (3) have demonstrated a level of skill or knowledge | 16 |
| which the Board
determines to be necessary in order to | 17 |
| operate gambling aboard a riverboat or in a casino ; and
| 18 |
| (4) have met standards for the holding of an | 19 |
| occupational license as
adopted by rules of the Board. Such | 20 |
| rules shall provide that any person or
entity seeking an | 21 |
| occupational license to manage gambling operations
| 22 |
| hereunder shall be subject to background inquiries and | 23 |
| further requirements
similar to those required of | 24 |
| applicants for an owners license.
Furthermore, such rules | 25 |
| shall provide that each such entity shall be
permitted to | 26 |
| manage gambling operations for only one licensed owner.
| 27 |
| (b) Each application for an occupational license shall be | 28 |
| on forms
prescribed by the Board and shall contain all | 29 |
| information required by the
Board. The applicant shall set | 30 |
| forth in the application: whether he has been
issued prior | 31 |
| gambling related licenses; whether he has been licensed in any
| 32 |
| other state under any other name, and, if so, such name and his | 33 |
| age; and
whether or not a permit or license issued to him in | 34 |
| any other state has
been suspended, restricted or revoked, and, | 35 |
| if so, for what period of time.
| 36 |
| (c) Each applicant shall submit with his application, on |
|
|
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LRB094 16842 AMC 52120 b |
|
| 1 |
| forms provided
by the Board, 2 sets of his fingerprints. The | 2 |
| Board shall charge each
applicant a fee set by the Department | 3 |
| of State Police to defray the costs
associated with the search | 4 |
| and classification of fingerprints obtained by
the Board with | 5 |
| respect to the applicant's application. These fees shall be
| 6 |
| paid into the State Police Services Fund.
| 7 |
| (d) The Board may in its discretion refuse an occupational | 8 |
| license to
any person: (1) who is unqualified to perform the | 9 |
| duties required of such
applicant; (2) who fails to disclose or | 10 |
| states falsely any information
called for in the application; | 11 |
| (3) who has been found guilty of a
violation of this Act or | 12 |
| whose prior gambling related license or
application therefor | 13 |
| has been suspended, restricted, revoked or denied for
just | 14 |
| cause in any other state; or (4) for any other just cause.
| 15 |
| (e) The Board may suspend, revoke or restrict any | 16 |
| occupational licensee:
(1) for violation of any provision of | 17 |
| this Act; (2) for violation of any
of the rules and regulations | 18 |
| of the Board; (3) for any cause which, if
known to the Board, | 19 |
| would have disqualified the applicant from receiving
such | 20 |
| license; or (4) for default in the payment of any obligation or | 21 |
| debt
due to the State of Illinois; or (5) for any other just | 22 |
| cause.
| 23 |
| (f) A person who knowingly makes a false statement on an | 24 |
| application is
guilty of a Class A misdemeanor.
| 25 |
| (g) Any license issued pursuant to this Section shall be | 26 |
| valid for a
period of one year from the date of issuance.
| 27 |
| (h) Nothing in this Act shall be interpreted to prohibit a | 28 |
| licensed
owner from entering into an agreement with a school | 29 |
| approved under the
Private Business and Vocational Schools Act | 30 |
| for the training of any
occupational licensee. Any training | 31 |
| offered by such a school shall be in
accordance with a written | 32 |
| agreement between the licensed owner and the school.
| 33 |
| (i) Any training provided for occupational licensees may be | 34 |
| conducted
either at the site of the gambling facility
on the | 35 |
| riverboat or at a school with which a licensed owner has
| 36 |
| entered into an agreement pursuant to subsection (h).
|
|
|
|
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LRB094 16842 AMC 52120 b |
|
| 1 |
| (Source: P.A. 86-1029; 87-826.)
| 2 |
| (230 ILCS 10/11) (from Ch. 120, par. 2411)
| 3 |
| Sec. 11. Conduct of gambling. Gambling may be conducted by | 4 |
| licensed owners or licensed managers on behalf
of the State | 5 |
| aboard riverboats or by licensed owners in a casino ,
subject to | 6 |
| the following standards:
| 7 |
| (1) A licensee may conduct riverboat gambling | 8 |
| authorized under this Act
regardless of whether it conducts | 9 |
| excursion cruises. A licensee may permit
the continuous | 10 |
| ingress and egress of passengers for the purpose of | 11 |
| gambling.
| 12 |
| (2) (Blank).
| 13 |
| (3) Minimum and maximum wagers on games shall be set by | 14 |
| the licensee.
| 15 |
| (4) Agents of the Board and the Department of State | 16 |
| Police may board
and inspect any riverboat or enter and | 17 |
| inspect any portion of a casino at any time for the purpose | 18 |
| of determining
whether this Act is being complied with. | 19 |
| Every riverboat, if under way and
being hailed by a law | 20 |
| enforcement officer or agent of the Board, must stop
| 21 |
| immediately and lay to.
| 22 |
| (5) Employees of the Board shall have the right to be | 23 |
| present on the
riverboat or in the casino or on adjacent | 24 |
| facilities under the control of the licensee.
| 25 |
| (6) Gambling equipment and supplies customarily used | 26 |
| in conducting
riverboat gambling or casino gambling must be | 27 |
| purchased or leased only from suppliers licensed
for such | 28 |
| purpose under this Act.
| 29 |
| (7) Persons licensed under this Act shall permit no | 30 |
| form of wagering on
gambling games except as permitted by | 31 |
| this Act.
| 32 |
| (8) Wagers may be received only from a person present | 33 |
| on a licensed
riverboat or in a casino . No person present | 34 |
| on a licensed riverboat or in a casino shall place
or | 35 |
| attempt to place a wager on behalf of another person who is |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| not present
on the riverboat or in the casino .
| 2 |
| (9) Wagering shall not be conducted with money or other | 3 |
| negotiable
currency.
| 4 |
| (10) A person under age 21 shall not be permitted on an | 5 |
| area of a
riverboat or casino where gambling is being | 6 |
| conducted, except for a person at least
18 years of age who | 7 |
| is an employee of the riverboat or casino gambling | 8 |
| operation. No
employee under age 21 shall perform any | 9 |
| function involved in gambling by
the patrons. No person | 10 |
| under age 21 shall be permitted to make a wager under
this | 11 |
| Act.
| 12 |
| (11) Gambling excursion cruises are permitted only | 13 |
| when the waterway for
which the riverboat is licensed is | 14 |
| navigable, as determined by
the Board in consultation with | 15 |
| the U.S. Army Corps of Engineers.
This paragraph (11) does | 16 |
| not limit the ability of a licensee to conduct
gambling | 17 |
| authorized under this Act when gambling excursion cruises | 18 |
| are not
permitted.
| 19 |
| (12) All tokens, chips or electronic cards used to make | 20 |
| wagers must be
purchased from (i) in the case of a | 21 |
| riverboat, a licensed owner or manager either aboard the
a
| 22 |
| riverboat or at
an onshore
facility which has been approved | 23 |
| by the Board and which is located where
the riverboat docks | 24 |
| or (ii) in the case of a casino, a licensed owner at the | 25 |
| casino . The tokens, chips or electronic cards may be
| 26 |
| purchased by means of an agreement under which the owner or | 27 |
| manager extends
credit to
the patron. Such tokens, chips or | 28 |
| electronic cards may be used
while aboard the riverboat or | 29 |
| in the casino only for the purpose of making wagers on
| 30 |
| gambling games.
| 31 |
| (13) Notwithstanding any other Section of this Act, in | 32 |
| addition to the
other licenses authorized under this Act, | 33 |
| the Board may issue special event
licenses allowing persons | 34 |
| who are not otherwise licensed to conduct
riverboat | 35 |
| gambling to conduct such gambling on a specified date or | 36 |
| series
of dates. Riverboat gambling under such a license |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| may take place on a
riverboat not normally used for | 2 |
| riverboat gambling. The Board shall
establish standards, | 3 |
| fees and fines for, and limitations upon, such
licenses, | 4 |
| which may differ from the standards, fees, fines and | 5 |
| limitations
otherwise applicable under this Act. All such | 6 |
| fees shall be deposited into
the State Gaming Fund. All | 7 |
| such fines shall be deposited into the
Education Assistance | 8 |
| Fund, created by Public Act 86-0018, of the State
of | 9 |
| Illinois.
| 10 |
| (14) In addition to the above, gambling must be | 11 |
| conducted in accordance
with all rules adopted by the | 12 |
| Board.
| 13 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 14 |
| (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
| 15 |
| Sec. 11.1. Collection of amounts owing under credit | 16 |
| agreements. Notwithstanding any applicable statutory provision | 17 |
| to the contrary, a
licensed owner
or manager who extends credit | 18 |
| to a riverboat or casino gambling patron
pursuant
to Section 11 | 19 |
| (a) (12) of this Act is expressly authorized to institute a
| 20 |
| cause of action to collect any amounts due and owing under the | 21 |
| extension of
credit, as well as the owner's or manager's costs, | 22 |
| expenses and reasonable
attorney's
fees incurred in | 23 |
| collection.
| 24 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 25 |
| (230 ILCS 10/12) (from Ch. 120, par. 2412)
| 26 |
| Sec. 12. Admission tax; fees.
| 27 |
| (a) A tax is hereby imposed upon admissions to riverboats | 28 |
| or casinos operated by
licensed owners authorized pursuant to | 29 |
| this Act. Until July 1, 2002, the
rate is $2 per person | 30 |
| admitted. From July 1, 2002 until
July 1, 2003, the rate is $3 | 31 |
| per person admitted.
From July 1, 2003 until the effective date | 32 |
| of this amendatory Act of the 94th General Assembly, for a | 33 |
| licensee that admitted 1,000,000 persons or
fewer in the | 34 |
| previous calendar year, the rate is $3 per person admitted; for |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| a
licensee that admitted more than 1,000,000 but no more than | 2 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 | 3 |
| per person admitted; and for
a licensee that admitted more than | 4 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 | 5 |
| per person admitted.
Beginning on the effective date of this | 6 |
| amendatory Act of the 94th General Assembly, for a licensee | 7 |
| that admitted 1,000,000 persons or
fewer in calendar year 2004, | 8 |
| the rate is $2 per person admitted, and for all other
licensees | 9 |
| the rate is $3 per person admitted.
This admission tax is | 10 |
| imposed upon the
licensed owner conducting gambling.
| 11 |
| (1) The admission tax shall be paid for each admission.
| 12 |
| (2) (Blank).
| 13 |
| (3) The owner
riverboat licensee may issue tax-free | 14 |
| passes to
actual and necessary officials and employees of | 15 |
| the licensee or other
persons actually working on the | 16 |
| riverboat or in the casino .
| 17 |
| (4) The number and issuance of tax-free passes is | 18 |
| subject to the rules
of the Board, and a list of all | 19 |
| persons to whom the tax-free passes are
issued shall be | 20 |
| filed with the Board.
| 21 |
| (a-5) A fee is hereby imposed upon admissions operated by | 22 |
| licensed
managers on behalf of the State pursuant to Section | 23 |
| 7.3 at the rates provided
in
this subsection (a-5). For a | 24 |
| licensee that
admitted 1,000,000 persons or fewer in the | 25 |
| previous calendar year, the rate is
$3 per person admitted; for | 26 |
| a licensee that admitted more than 1,000,000 but no
more than | 27 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 | 28 |
| per person admitted; and for
a licensee that admitted more than | 29 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 | 30 |
| per person admitted.
| 31 |
| (1) The admission fee shall be paid for each admission.
| 32 |
| (2) (Blank).
| 33 |
| (3) The licensed manager may issue fee-free passes to | 34 |
| actual and necessary
officials and employees of the manager | 35 |
| or other persons actually working on the
riverboat.
| 36 |
| (4) The number and issuance of fee-free passes is |
|
|
|
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|
| 1 |
| subject to the rules
of the Board, and a list of all | 2 |
| persons to whom the fee-free passes are
issued shall be | 3 |
| filed with the Board.
| 4 |
| (b) From the tax imposed under subsection (a) and the fee | 5 |
| imposed under
subsection (a-5), a municipality shall receive | 6 |
| from the State $1 for each
person embarking on a riverboat | 7 |
| docked within the municipality or entering a casino located | 8 |
| within the municipality , and a county
shall receive $1 for each | 9 |
| person entering a casino or embarking on a riverboat docked | 10 |
| within the
county but outside the boundaries of any | 11 |
| municipality. The municipality's or
county's share shall be | 12 |
| collected by the Board on behalf of the State and
remitted | 13 |
| quarterly by the State, subject to appropriation, to the | 14 |
| treasurer of
the unit of local government for deposit in the | 15 |
| general fund.
| 16 |
| (c) The licensed owner shall pay the entire admission tax | 17 |
| to the Board and
the licensed manager shall pay the entire | 18 |
| admission fee to the Board.
Such payments shall be made daily. | 19 |
| Accompanying each payment shall be a
return on forms provided | 20 |
| by the Board which shall include other
information regarding | 21 |
| admissions as the Board may require. Failure to
submit either | 22 |
| the payment or the return within the specified time may
result | 23 |
| in suspension or revocation of the owners or managers license.
| 24 |
| (d) The Board shall administer and collect the admission | 25 |
| tax imposed by
this Section, to the extent practicable, in a | 26 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 27 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | 28 |
| Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | 29 |
| Penalty and Interest Act.
| 30 |
| (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | 31 |
| eff. 8-23-05.)
| 32 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 33 |
| Sec. 13. Wagering tax; rate; distribution.
| 34 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 35 |
| gross
receipts received from gambling games authorized under |
|
|
|
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| 1 |
| this Act at the rate of
20%.
| 2 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 3 |
| tax is
imposed on persons engaged in the business of conducting | 4 |
| riverboat gambling
operations, based on the adjusted gross | 5 |
| receipts received by a licensed owner
from gambling games | 6 |
| authorized under this Act at the following rates:
| 7 |
| 15% of annual adjusted gross receipts up to and | 8 |
| including $25,000,000;
| 9 |
| 20% of annual adjusted gross receipts in excess of | 10 |
| $25,000,000 but not
exceeding $50,000,000;
| 11 |
| 25% of annual adjusted gross receipts in excess of | 12 |
| $50,000,000 but not
exceeding $75,000,000;
| 13 |
| 30% of annual adjusted gross receipts in excess of | 14 |
| $75,000,000 but not
exceeding $100,000,000;
| 15 |
| 35% of annual adjusted gross receipts in excess of | 16 |
| $100,000,000.
| 17 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 18 |
| is imposed on
persons engaged in the business of conducting | 19 |
| riverboat gambling operations,
other than licensed managers | 20 |
| conducting riverboat gambling operations on behalf
of the | 21 |
| State, based on the adjusted gross receipts received by a | 22 |
| licensed
owner from gambling games authorized under this Act at | 23 |
| the following rates:
| 24 |
| 15% of annual adjusted gross receipts up to and | 25 |
| including $25,000,000;
| 26 |
| 22.5% of annual adjusted gross receipts in excess of | 27 |
| $25,000,000 but not
exceeding $50,000,000;
| 28 |
| 27.5% of annual adjusted gross receipts in excess of | 29 |
| $50,000,000 but not
exceeding $75,000,000;
| 30 |
| 32.5% of annual adjusted gross receipts in excess of | 31 |
| $75,000,000 but not
exceeding $100,000,000;
| 32 |
| 37.5% of annual adjusted gross receipts in excess of | 33 |
| $100,000,000 but not
exceeding $150,000,000;
| 34 |
| 45% of annual adjusted gross receipts in excess of | 35 |
| $150,000,000 but not
exceeding $200,000,000;
| 36 |
| 50% of annual adjusted gross receipts in excess of |
|
|
|
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| 1 |
| $200,000,000.
| 2 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 3 |
| persons engaged
in the business of conducting riverboat | 4 |
| gambling operations, other than
licensed managers conducting | 5 |
| riverboat gambling operations on behalf of the
State, based on | 6 |
| the adjusted gross receipts received by a licensed owner from
| 7 |
| gambling games authorized under this Act at the following | 8 |
| rates:
| 9 |
| 15% of annual adjusted gross receipts up to and | 10 |
| including $25,000,000;
| 11 |
| 27.5% of annual adjusted gross receipts in excess of | 12 |
| $25,000,000 but not
exceeding $37,500,000;
| 13 |
| 32.5% of annual adjusted gross receipts in excess of | 14 |
| $37,500,000 but not
exceeding $50,000,000;
| 15 |
| 37.5% of annual adjusted gross receipts in excess of | 16 |
| $50,000,000 but not
exceeding $75,000,000;
| 17 |
| 45% of annual adjusted gross receipts in excess of | 18 |
| $75,000,000 but not
exceeding $100,000,000;
| 19 |
| 50% of annual adjusted gross receipts in excess of | 20 |
| $100,000,000 but not
exceeding $250,000,000;
| 21 |
| 70% of annual adjusted gross receipts in excess of | 22 |
| $250,000,000.
| 23 |
| An amount equal to the amount of wagering taxes collected | 24 |
| under this
subsection (a-3) that are in addition to the amount | 25 |
| of wagering taxes that
would have been collected if the | 26 |
| wagering tax rates under subsection (a-2)
were in effect shall | 27 |
| be paid into the Common School Fund.
| 28 |
| The privilege tax imposed under this subsection (a-3) shall | 29 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 30 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat | 31 |
| gambling operations are conducted
pursuant to a dormant | 32 |
| license; or (iii) the first day that riverboat gambling
| 33 |
| operations are conducted under the authority of an owners | 34 |
| license that is in
addition to the 10 owners licenses initially | 35 |
| authorized under this Act.
For the purposes of this subsection | 36 |
| (a-3), the term "dormant license"
means an owners license that |
|
|
|
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|
| 1 |
| is authorized by this Act under which no
riverboat gambling | 2 |
| operations are being conducted on June 20, 2003.
| 3 |
| (a-4) Beginning on the first day on which the tax imposed | 4 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 5 |
| imposed on persons
engaged in the business of conducting | 6 |
| riverboat gambling operations, other
than licensed managers | 7 |
| conducting riverboat gambling operations on behalf of
the | 8 |
| State, based on the adjusted gross receipts received by a | 9 |
| licensed owner
from gambling games authorized under this Act at | 10 |
| the following rates:
| 11 |
| 15% of annual adjusted gross receipts up to and | 12 |
| including $25,000,000;
| 13 |
| 22.5% of annual adjusted gross receipts in excess of | 14 |
| $25,000,000 but not
exceeding $50,000,000;
| 15 |
| 27.5% of annual adjusted gross receipts in excess of | 16 |
| $50,000,000 but not
exceeding $75,000,000;
| 17 |
| 32.5% of annual adjusted gross receipts in excess of | 18 |
| $75,000,000 but not
exceeding $100,000,000;
| 19 |
| 37.5% of annual adjusted gross receipts in excess of | 20 |
| $100,000,000 but not
exceeding $150,000,000;
| 21 |
| 45% of annual adjusted gross receipts in excess of | 22 |
| $150,000,000 but not
exceeding $200,000,000;
| 23 |
| 50% of annual adjusted gross receipts in excess of | 24 |
| $200,000,000.
| 25 |
| (a-8) Riverboat gambling operations conducted by a | 26 |
| licensed manager on
behalf of the State are not subject to the | 27 |
| tax imposed under this Section.
| 28 |
| (a-10) The taxes imposed by this Section shall be paid by | 29 |
| the licensed
owner to the Board not later than 3:00 o'clock | 30 |
| p.m. of the day after the day
when the wagers were made.
| 31 |
| (a-15) If the privilege tax imposed under subsection (a-3) | 32 |
| is no longer imposed pursuant to item (i) of the last paragraph | 33 |
| of subsection (a-3), then by June 15 of each year, each owners | 34 |
| licensee, other than an owners licensee that admitted 1,000,000 | 35 |
| persons or
fewer in calendar year 2004, must, in addition to | 36 |
| the payment of all amounts otherwise due under this Section, |
|
|
|
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|
| 1 |
| pay to the Board the amount, if any, by which the base amount | 2 |
| for the licensed owner exceeds the amount of tax paid under | 3 |
| this Section by the licensed owner in the then current State | 4 |
| fiscal year. The obligation imposed by this subsection (a-15) | 5 |
| is binding on any person, firm, corporation, or other entity | 6 |
| that acquires an ownership interest in any such owners license. | 7 |
| The obligation imposed under this subsection (a-15) terminates | 8 |
| on the earliest of: (i) July 1, 2007, (ii) the first day after | 9 |
| the effective date of this amendatory Act of the 94th General | 10 |
| Assembly that riverboat gambling operations are conducted | 11 |
| pursuant to a dormant license, (iii) the first day that | 12 |
| riverboat gambling operations are conducted under the | 13 |
| authority of an owners license that is in addition to the 10 | 14 |
| owners licenses initially authorized under this Act, or (iv) | 15 |
| the first day that a licensee under the Illinois Horse Racing | 16 |
| Act of 1975 conducts gaming operations with slot machines or | 17 |
| other electronic gaming devices. The Board must reduce the | 18 |
| obligation imposed under this subsection (a-15) by an amount | 19 |
| the Board deems reasonable for any of the following reasons: | 20 |
| (A) an act or acts of God, (B) an act of bioterrorism or | 21 |
| terrorism or a bioterrorism or terrorism threat that was | 22 |
| investigated by a law enforcement agency, or (C) a condition | 23 |
| beyond the control of the owners licensee that does not result | 24 |
| from any act or omission by the owners licensee or any of its | 25 |
| agents and that poses a hazardous threat to the health and | 26 |
| safety of patrons. If an owners licensee pays an amount in | 27 |
| excess of its liability under this Section, the Board shall | 28 |
| apply the overpayment to future payments required under this | 29 |
| Section. | 30 |
| For purposes of this subsection (a-15): | 31 |
| "Act of God" means an incident caused by the operation of | 32 |
| an extraordinary force that cannot be foreseen, that cannot be | 33 |
| avoided by the exercise of due care, and for which no person | 34 |
| can be held liable.
| 35 |
| "Base amount" means the following: | 36 |
| For a riverboat in Alton, $31,000,000.
|
|
|
|
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| 1 |
| For a riverboat in East Peoria, $43,000,000.
| 2 |
| For the Empress riverboat in Joliet, $86,000,000.
| 3 |
| For a riverboat in Metropolis, $45,000,000.
| 4 |
| For the Harrah's riverboat in Joliet, $114,000,000.
| 5 |
| For a riverboat in Aurora, $86,000,000.
| 6 |
| For a riverboat in East St. Louis, $48,500,000.
| 7 |
| For a riverboat in Elgin, $198,000,000.
| 8 |
| "Dormant license" has the meaning ascribed to it in | 9 |
| subsection (a-3).
| 10 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 11 |
| in the State
Gaming Fund under this Section shall be paid, | 12 |
| subject to appropriation by the
General Assembly, to the unit | 13 |
| of local government which is designated as the
home dock of the | 14 |
| riverboat. Beginning January 1, 1998, from the tax revenue
| 15 |
| deposited in the State Gaming Fund under this Section, an | 16 |
| amount equal to 5% of
adjusted gross receipts generated by a | 17 |
| riverboat shall be paid monthly, subject
to appropriation by | 18 |
| the General Assembly, to the unit of local government that
is | 19 |
| designated as the home dock of the riverboat. From the tax | 20 |
| revenue
deposited in the State Gaming Fund pursuant to | 21 |
| riverboat gambling operations
conducted by a licensed manager | 22 |
| on behalf of the State, an amount equal to 5%
of adjusted gross | 23 |
| receipts generated pursuant to those riverboat gambling
| 24 |
| operations shall be paid monthly,
subject to appropriation by | 25 |
| the General Assembly, to the unit of local
government that is | 26 |
| designated as the home dock of the riverboat upon which
those | 27 |
| riverboat gambling operations are conducted.
| 28 |
| (b-5) The tax revenue deposited into the State Gaming Fund | 29 |
| pursuant to subsection (a-4) from a casino operating pursuant | 30 |
| to a license issued under subsection (e-5) of Section 7 shall | 31 |
| be distributed as provided in Section 13.2.
| 32 |
| (c) Appropriations, as approved by the General Assembly, | 33 |
| may be made
from the State Gaming Fund to the Department of | 34 |
| Revenue and the Department
of State Police for the | 35 |
| administration and enforcement of this Act, or to the
| 36 |
| Department of Human Services for the administration of programs |
|
|
|
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| 1 |
| to treat
problem gambling.
| 2 |
| (c-5) After the payments required under subsections (b) , | 3 |
| (b-5), and (c) have been
made, an amount equal to 15% of the | 4 |
| adjusted gross receipts of (1) an owners
licensee that | 5 |
| relocates pursuant to Section 11.2,
(2) an owners licensee
| 6 |
| conducting riverboat gambling operations
pursuant to an
owners | 7 |
| license that is initially issued after June
25, 1999,
or (3) | 8 |
| the first
riverboat gambling operations conducted by a licensed | 9 |
| manager on behalf of the
State under Section 7.3,
whichever | 10 |
| comes first, shall be paid from the State
Gaming Fund into the | 11 |
| Horse Racing Equity Fund.
| 12 |
| (c-10) Each year the General Assembly shall appropriate | 13 |
| from the General
Revenue Fund to the Education Assistance Fund | 14 |
| an amount equal to the amount
paid into the Horse Racing Equity | 15 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 16 |
| (c-15) After the payments required under subsections (b), | 17 |
| (b-5), (c), and (c-5)
have been made, an amount equal to 2% of | 18 |
| the adjusted gross receipts of (1)
an owners licensee that | 19 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 20 |
| conducting riverboat gambling operations pursuant to
an
owners | 21 |
| license that is initially issued after June 25, 1999,
or (3) | 22 |
| the first
riverboat gambling operations conducted by a licensed | 23 |
| manager on behalf of the
State under Section 7.3,
whichever | 24 |
| comes first, shall be paid, subject to appropriation
from the | 25 |
| General Assembly, from the State Gaming Fund to each home rule
| 26 |
| county with a population of over 3,000,000 inhabitants for the | 27 |
| purpose of
enhancing the county's criminal justice system.
| 28 |
| (c-20) Each year the General Assembly shall appropriate | 29 |
| from the General
Revenue Fund to the Education Assistance Fund | 30 |
| an amount equal to the amount
paid to each home rule county | 31 |
| with a population of over 3,000,000 inhabitants
pursuant to | 32 |
| subsection (c-15) in the prior calendar year.
| 33 |
| (c-25) After the payments required under subsections (b), | 34 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 35 |
| the
adjusted gross receipts of (1) an owners licensee
that
| 36 |
| relocates pursuant to Section 11.2, (2) an
owners
licensee |
|
|
|
HB4403 |
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|
| 1 |
| conducting riverboat gambling operations pursuant to
an
owners | 2 |
| license
that is initially issued after June 25, 1999,
or (3) | 3 |
| the first
riverboat gambling operations conducted by a licensed | 4 |
| manager on behalf of the
State under Section 7.3,
whichever
| 5 |
| comes first,
shall be paid from the State
Gaming Fund to | 6 |
| Chicago State University.
| 7 |
| (d) From time to time, the
Board shall transfer the | 8 |
| remainder of the funds
generated by this Act into the Education
| 9 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 10 |
| Illinois.
| 11 |
| (e) Nothing in this Act shall prohibit the unit of local | 12 |
| government
designated as the home dock of the riverboat or the | 13 |
| municipality in which a casino is located from entering into | 14 |
| agreements
with other units of local government in this State | 15 |
| or in other states to
share its portion of the tax revenue.
| 16 |
| (f) To the extent practicable, the Board shall administer | 17 |
| and collect the
wagering taxes imposed by this Section in a | 18 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 19 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 20 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 21 |
| Penalty and Interest Act.
| 22 |
| (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | 23 |
| eff. 8-23-05.)
| 24 |
| (230 ILCS 10/13.2 new)
| 25 |
| Sec. 13.2. Distribution of proceeds from Chicago casino. | 26 |
| (a) Notwithstanding any other provision of law to the | 27 |
| contrary, the proceeds from the sale of the license under | 28 |
| subsection (e-5) of Section 7 and the admissions tax and | 29 |
| wagering tax imposed on that licensee shall be deposited into | 30 |
| the State Gaming Fund and, subject to appropriation, the Board | 31 |
| shall distribute the moneys monthly as follows: | 32 |
| (1) 80% shall be split equally among the pension funds | 33 |
| established under Articles 2, 14, 15, 16, and 18 of the | 34 |
| Illinois Pension Code. | 35 |
| (2) 20% shall be split equally among the pension funds |
|
|
|
HB4403 |
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|
| 1 |
| established under Articles 5, 6, 8, 11, 12, and 17 of the | 2 |
| Illinois Pension Code for the City of Chicago. | 3 |
| (b) When a pension fund described in subsection (a) attains | 4 |
| a funding level of 90% or more, the board of the pension fund | 5 |
| shall certify the funding level to the Illinois Gaming Board | 6 |
| and the moneys that would have been distributed to the fund | 7 |
| under this Section shall be distributed as otherwise provided | 8 |
| in this Act.
| 9 |
| (230 ILCS 10/18) (from Ch. 120, par. 2418)
| 10 |
| Sec. 18. Prohibited Activities - Penalty.
| 11 |
| (a) A person is guilty of a Class A misdemeanor for doing | 12 |
| any of the
following:
| 13 |
| (1) Conducting gambling where wagering
is used or to be | 14 |
| used
without a license issued by the Board.
| 15 |
| (2) Conducting gambling where wagering
is permitted | 16 |
| other
than in the manner specified by Section 11.
| 17 |
| (b) A person is guilty of a Class B misdemeanor for doing | 18 |
| any of the
following:
| 19 |
| (1) permitting a person under 21 years to make a wager; | 20 |
| or
| 21 |
| (2) violating paragraph (12) of subsection (a) of | 22 |
| Section 11 of this Act.
| 23 |
| (c) A person wagering or accepting a wager at any location | 24 |
| outside the
riverboat or casino in violation of paragraph
is | 25 |
| subject to the penalties in paragraphs (1) or (2) of
subsection | 26 |
| (a) of Section 28-1 of the Criminal Code of 1961 is subject to | 27 |
| the penalties provided in that Section .
| 28 |
| (d) A person commits a Class 4 felony and, in addition, | 29 |
| shall be barred
for life from gambling operations
riverboats
| 30 |
| under the jurisdiction of the
Board, if the person does any of | 31 |
| the following:
| 32 |
| (1) Offers, promises, or gives anything of value or | 33 |
| benefit to a person
who is connected with a riverboat or | 34 |
| casino owner including, but
not limited to, an officer or | 35 |
| employee of a licensed owner or holder of an
occupational |
|
|
|
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|
| 1 |
| license pursuant to an agreement or arrangement or with the
| 2 |
| intent that the promise or thing of value or benefit will | 3 |
| influence the
actions of the person to whom the offer, | 4 |
| promise, or gift was made in order
to affect or attempt to | 5 |
| affect the outcome of a gambling game, or to
influence | 6 |
| official action of a member of the Board.
| 7 |
| (2) Solicits or knowingly accepts or receives a promise | 8 |
| of anything of
value or benefit while the person is | 9 |
| connected with a riverboat
or casino, including, but not | 10 |
| limited to, an officer or employee of a licensed owner,
or | 11 |
| holder of an occupational license, pursuant to an | 12 |
| understanding or
arrangement or with the intent that the | 13 |
| promise or thing of value or
benefit will influence the | 14 |
| actions of the person to affect or attempt to
affect the | 15 |
| outcome of a gambling game, or to influence official action | 16 |
| of a
member of the Board.
| 17 |
| (3) Uses or possesses with the intent to use a device | 18 |
| to assist:
| 19 |
| (i) In projecting the outcome of the game.
| 20 |
| (ii) In keeping track of the cards played.
| 21 |
| (iii) In analyzing the probability of the | 22 |
| occurrence of an event
relating to the gambling game.
| 23 |
| (iv) In analyzing the strategy for playing or | 24 |
| betting to be used in the
game except as permitted by | 25 |
| the Board.
| 26 |
| (4) Cheats at a gambling game.
| 27 |
| (5) Manufactures, sells, or distributes any cards, | 28 |
| chips, dice, game or
device which is intended to be used to | 29 |
| violate any provision of this Act.
| 30 |
| (6) Alters or misrepresents the outcome of a gambling | 31 |
| game on which
wagers have been made after the outcome is | 32 |
| made sure but before it is
revealed to the players.
| 33 |
| (7) Places a bet after acquiring knowledge, not | 34 |
| available to all players,
of the outcome of the gambling | 35 |
| game which is subject of the bet or to aid a
person in | 36 |
| acquiring the knowledge for the purpose of placing a bet
|
|
|
|
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|
| 1 |
| contingent on that outcome.
| 2 |
| (8) Claims, collects, or takes, or attempts to claim, | 3 |
| collect, or take,
money or anything of value in or from the | 4 |
| gambling games, with intent to
defraud, without having made | 5 |
| a wager contingent on winning a gambling game,
or claims, | 6 |
| collects, or takes an amount of money or thing of value of
| 7 |
| greater value than the amount won.
| 8 |
| (9) Uses counterfeit chips or tokens in a gambling | 9 |
| game.
| 10 |
| (10) Possesses any key or device designed for the | 11 |
| purpose of opening,
entering, or affecting the operation of | 12 |
| a gambling game, drop box, or an
electronic or mechanical | 13 |
| device connected with the gambling game or for
removing | 14 |
| coins, tokens, chips or other contents of a gambling game. | 15 |
| This
paragraph (10) does not apply to a gambling licensee | 16 |
| or employee of a
gambling licensee acting in furtherance of | 17 |
| the employee's employment.
| 18 |
| (e) The possession of more than one of the devices | 19 |
| described in
subsection (d), paragraphs (3), (5) or (10) | 20 |
| permits a rebuttable
presumption that the possessor intended to | 21 |
| use the devices for cheating.
| 22 |
| An action to prosecute any crime occurring on a riverboat | 23 |
| or in a casino
shall be tried in the county of the dock at which | 24 |
| the riverboat is based or in the county in which the casino is | 25 |
| located .
| 26 |
| (Source: P.A. 91-40, eff. 6-25-99.)
| 27 |
| (230 ILCS 10/20) (from Ch. 120, par. 2420)
| 28 |
| Sec. 20. Prohibited activities - civil penalties. Any | 29 |
| person who
conducts a gambling operation without first | 30 |
| obtaining a
license to do so, or who continues to conduct such | 31 |
| games after revocation
of his license, or any licensee who | 32 |
| conducts or allows to be
conducted any unauthorized gambling | 33 |
| games on a riverboat or in a casino where it is
authorized to | 34 |
| conduct its riverboat gambling operation, in addition to
other | 35 |
| penalties provided, shall be subject to a civil penalty equal |
|
|
|
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|
| 1 |
| to the
amount of gross receipts derived from wagering on the | 2 |
| gambling games,
whether unauthorized or authorized, conducted | 3 |
| on that day as well as
confiscation and forfeiture of all | 4 |
| gambling game equipment used in the
conduct of unauthorized | 5 |
| gambling games.
| 6 |
| (Source: P.A. 86-1029.)
| 7 |
| Section 35. The Liquor Control Act of 1934 is amended by | 8 |
| changing Sections 5-1 and 6-30 as follows:
| 9 |
| (235 ILCS 5/5-1) (from Ch. 43, par. 115)
| 10 |
| Sec. 5-1. Licenses issued by the Illinois Liquor Control | 11 |
| Commission
shall be of the following classes:
| 12 |
| (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 13 |
| Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 14 |
| Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 15 |
| First Class Winemaker, Class 7. Second Class Winemaker, Class | 16 |
| 8.
Limited Wine Manufacturer,
| 17 |
| (b) Distributor's license,
| 18 |
| (c) Importing Distributor's license,
| 19 |
| (d) Retailer's license,
| 20 |
| (e) Special Event Retailer's license (not-for-profit),
| 21 |
| (f) Railroad license,
| 22 |
| (g) Boat license,
| 23 |
| (h) Non-Beverage User's license,
| 24 |
| (i) Wine-maker's premises license,
| 25 |
| (j) Airplane license,
| 26 |
| (k) Foreign importer's license,
| 27 |
| (l) Broker's license,
| 28 |
| (m) Non-resident dealer's
license,
| 29 |
| (n) Brew Pub license,
| 30 |
| (o) Auction liquor license,
| 31 |
| (p) Caterer retailer license,
| 32 |
| (q) Special use permit license.
| 33 |
| No
person, firm, partnership, corporation, or other legal | 34 |
| business entity that is
engaged in the manufacturing of wine |
|
|
|
HB4403 |
- 45 - |
LRB094 16842 AMC 52120 b |
|
| 1 |
| may concurrently obtain and hold a
wine-maker's license and a | 2 |
| wine manufacturer's license.
| 3 |
| (a) A manufacturer's license shall allow the manufacture,
| 4 |
| importation in bulk, storage, distribution and sale of | 5 |
| alcoholic liquor
to persons without the State, as may be | 6 |
| permitted by law and to licensees
in this State as follows:
| 7 |
| Class 1. A Distiller may make sales and deliveries of | 8 |
| alcoholic liquor to
distillers, rectifiers, importing | 9 |
| distributors, distributors and
non-beverage users and to no | 10 |
| other licensees.
| 11 |
| Class 2. A Rectifier, who is not a distiller, as defined | 12 |
| herein, may make
sales and deliveries of alcoholic liquor to | 13 |
| rectifiers, importing distributors,
distributors, retailers | 14 |
| and non-beverage users and to no other licensees.
| 15 |
| Class 3. A Brewer may make sales and deliveries of beer to | 16 |
| importing
distributors, distributors, and to non-licensees, | 17 |
| and to
retailers provided the brewer obtains an importing | 18 |
| distributor's license or
distributor's license in accordance | 19 |
| with the provisions of this Act.
| 20 |
| Class 4. A first class wine-manufacturer may make sales and | 21 |
| deliveries of
up to 50,000 gallons of wine to manufacturers,
| 22 |
| importing
distributors and distributors, and to no other | 23 |
| licensees.
| 24 |
| Class 5. A second class Wine manufacturer may make sales | 25 |
| and deliveries
of more than 50,000 gallons of wine to | 26 |
| manufacturers, importing distributors
and distributors and to | 27 |
| no other licensees.
| 28 |
| Class 6. A first-class wine-maker's license shall allow the | 29 |
| manufacture
of up to 50,000 gallons of wine per year, and the
| 30 |
| storage
and sale of such
wine to distributors in the State and | 31 |
| to persons without the
State, as may be permitted by law. A | 32 |
| first-class wine-maker's license shall
allow the sale of no | 33 |
| more than 5,000
gallons of the licensee's wine to retailers. | 34 |
| The State Commission shall issue
only one first-class | 35 |
| wine-maker's license to any person, firm, partnership,
| 36 |
| corporation, or other legal business entity that is engaged in |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| the making of
less than 50,000 gallons of wine annually that | 2 |
| applies for a first-class
wine-maker's license. No subsidiary | 3 |
| or affiliate thereof, nor any officer,
associate, member, | 4 |
| partner, representative, employee, agent, or shareholder may
| 5 |
| be issued an additional wine-maker's license by the State | 6 |
| Commission.
| 7 |
| Class 7. A second-class wine-maker's license shall allow | 8 |
| the manufacture
of between 50,000 and 100,000 gallons of wine | 9 |
| per year, and
the
storage and sale of such wine
to distributors | 10 |
| in this State and to persons without the State, as may be
| 11 |
| permitted by law. A second-class wine-maker's license shall | 12 |
| allow the sale
of
no more than 10,000 gallons of the licensee's | 13 |
| wine directly to retailers.
The State Commission shall issue | 14 |
| only one second-class wine-maker's license
to any person, firm, | 15 |
| partnership, corporation, or other legal business entity
that | 16 |
| is engaged in the making of less than 100,000 gallons of wine | 17 |
| annually
that applies for a second-class wine-maker's license. | 18 |
| No subsidiary or
affiliate thereof, or any officer, associate, | 19 |
| member, partner, representative,
employee, agent, or | 20 |
| shareholder may be issued an additional wine-maker's
license by | 21 |
| the State Commission.
| 22 |
| Class 8. A limited wine-manufacturer may make sales and | 23 |
| deliveries not to
exceed 40,000 gallons of wine per year to | 24 |
| distributors, and to
non-licensees in accordance with the | 25 |
| provisions of this Act.
| 26 |
| (a-1) A manufacturer which is licensed in this State to | 27 |
| make sales or
deliveries of alcoholic liquor and which enlists | 28 |
| agents, representatives, or
individuals acting on its behalf | 29 |
| who contact licensed retailers on a regular
and continual basis | 30 |
| in this State must register those agents, representatives,
or | 31 |
| persons acting on its behalf with the State Commission.
| 32 |
| Registration of agents, representatives, or persons acting | 33 |
| on behalf of a
manufacturer is fulfilled by submitting a form | 34 |
| to the Commission. The form
shall be developed by the | 35 |
| Commission and shall include the name and address of
the | 36 |
| applicant, the name and address of the manufacturer he or she |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| represents,
the territory or areas assigned to sell to or | 2 |
| discuss pricing terms of
alcoholic liquor, and any other | 3 |
| questions deemed appropriate and necessary.
All statements in | 4 |
| the forms required to be made by law or by rule shall be
deemed | 5 |
| material, and any person who knowingly misstates any material | 6 |
| fact under
oath in an application is guilty of a Class B | 7 |
| misdemeanor. Fraud,
misrepresentation, false statements, | 8 |
| misleading statements, evasions, or
suppression of material | 9 |
| facts in the securing of a registration are grounds for
| 10 |
| suspension or revocation of the registration.
| 11 |
| (b) A distributor's license shall allow the wholesale | 12 |
| purchase and storage
of alcoholic liquors and sale of alcoholic | 13 |
| liquors to licensees
in this State and to persons without the | 14 |
| State, as may be permitted by law.
| 15 |
| (c) An importing distributor's license may be issued to and | 16 |
| held by
those only who are duly licensed distributors, upon the | 17 |
| filing of an
application by a duly licensed distributor, with | 18 |
| the Commission and
the Commission shall, without the
payment of | 19 |
| any fee, immediately issue such importing distributor's
| 20 |
| license to the applicant, which shall allow the importation of | 21 |
| alcoholic
liquor by the licensee into this State from any point | 22 |
| in the United
States outside this State, and the purchase of | 23 |
| alcoholic liquor in
barrels, casks or other bulk containers and | 24 |
| the bottling of such
alcoholic liquors before resale thereof, | 25 |
| but all bottles or containers
so filled shall be sealed, | 26 |
| labeled, stamped and otherwise made to comply
with all | 27 |
| provisions, rules and regulations governing manufacturers in
| 28 |
| the preparation and bottling of alcoholic liquors. The | 29 |
| importing
distributor's license shall permit such licensee to | 30 |
| purchase alcoholic
liquor from Illinois licensed non-resident | 31 |
| dealers and foreign importers only.
| 32 |
| (d) A retailer's license shall allow the licensee to sell | 33 |
| and offer
for sale at retail, only in the premises specified in | 34 |
| the license,
alcoholic liquor for use or consumption, but not | 35 |
| for resale in any form:
Provided that any retail license issued | 36 |
| to a manufacturer shall only
permit the manufacturer to sell |
|
|
|
HB4403 |
- 48 - |
LRB094 16842 AMC 52120 b |
|
| 1 |
| beer at retail on the premises actually
occupied by the | 2 |
| manufacturer. For the purpose of further describing the type of | 3 |
| business conducted at a retail licensed premises, a retailer's | 4 |
| licensee may be designated by the State Commission as (i) an on | 5 |
| premise consumption retailer, (ii) an off premise sale | 6 |
| retailer, or (iii) a combined on premise consumption and off | 7 |
| premise sale retailer.
| 8 |
| Notwithstanding any other provision of this subsection | 9 |
| (d), a retail
licensee may sell alcoholic liquors to a special | 10 |
| event retailer licensee for
resale to the extent permitted | 11 |
| under subsection (e).
| 12 |
| (e) A special event retailer's license (not-for-profit) | 13 |
| shall permit the
licensee to purchase alcoholic liquors from an | 14 |
| Illinois licensed distributor
(unless the licensee purchases | 15 |
| less than $500 of alcoholic liquors for the
special event, in | 16 |
| which case the licensee may purchase the alcoholic liquors
from | 17 |
| a licensed retailer) and shall allow the licensee to sell and | 18 |
| offer for
sale, at retail, alcoholic liquors for use or | 19 |
| consumption, but not for resale
in any form and only at the | 20 |
| location and on the specific dates designated for
the special | 21 |
| event in the license. An applicant for a special event retailer
| 22 |
| license must
(i) furnish with the application: (A) a resale | 23 |
| number issued under Section
2c of the Retailers' Occupation Tax | 24 |
| Act or evidence that the applicant is
registered under Section | 25 |
| 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 26 |
| exemption identification
number issued under Section 1g of the | 27 |
| Retailers' Occupation Tax Act, and a
certification to the | 28 |
| Commission that the purchase of alcoholic liquors will be
a | 29 |
| tax-exempt purchase, or (C) a statement that the applicant is | 30 |
| not registered
under Section 2a of the Retailers' Occupation | 31 |
| Tax Act, does not hold a resale
number under Section 2c of the | 32 |
| Retailers' Occupation Tax Act, and does not
hold an exemption | 33 |
| number under Section 1g of the Retailers' Occupation Tax
Act, | 34 |
| in which event the Commission shall set forth on the special | 35 |
| event
retailer's license a statement to that effect; (ii) | 36 |
| submit with the application proof satisfactory to
the State |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| Commission that the applicant will provide dram shop liability
| 2 |
| insurance in the maximum limits; and (iii) show proof | 3 |
| satisfactory to the
State Commission that the applicant has | 4 |
| obtained local authority
approval.
| 5 |
| (f) A railroad license shall permit the licensee to import | 6 |
| alcoholic
liquors into this State from any point in the United | 7 |
| States outside this
State and to store such alcoholic liquors | 8 |
| in this State; to make wholesale
purchases of alcoholic liquors | 9 |
| directly from manufacturers, foreign
importers, distributors | 10 |
| and importing distributors from within or outside
this State; | 11 |
| and to store such alcoholic liquors in this State; provided
| 12 |
| that the above powers may be exercised only in connection with | 13 |
| the
importation, purchase or storage of alcoholic liquors to be | 14 |
| sold or
dispensed on a club, buffet, lounge or dining car | 15 |
| operated on an electric,
gas or steam railway in this State; | 16 |
| and provided further, that railroad
licensees exercising the | 17 |
| above powers shall be subject to all provisions of
Article VIII | 18 |
| of this Act as applied to importing distributors. A railroad
| 19 |
| license shall also permit the licensee to sell or dispense | 20 |
| alcoholic
liquors on any club, buffet, lounge or dining car | 21 |
| operated on an electric,
gas or steam railway regularly | 22 |
| operated by a common carrier in this State,
but shall not | 23 |
| permit the sale for resale of any alcoholic liquors to any
| 24 |
| licensee within this State. A license shall be obtained for | 25 |
| each car in which
such sales are made.
| 26 |
| (g) A boat license shall allow the sale of alcoholic liquor | 27 |
| in
individual drinks, on any passenger boat regularly operated | 28 |
| as a common
carrier on navigable waters in this State or on any | 29 |
| riverboat operated
under
the Riverboat and Casino Gambling Act, | 30 |
| which boat or riverboat maintains a public
dining room or | 31 |
| restaurant thereon.
| 32 |
| (h) A non-beverage user's license shall allow the licensee | 33 |
| to
purchase alcoholic liquor from a licensed manufacturer or | 34 |
| importing
distributor, without the imposition of any tax upon | 35 |
| the business of such
licensed manufacturer or importing | 36 |
| distributor as to such alcoholic
liquor to be used by such |
|
|
|
HB4403 |
- 50 - |
LRB094 16842 AMC 52120 b |
|
| 1 |
| licensee solely for the non-beverage purposes
set forth in | 2 |
| subsection (a) of Section 8-1 of this Act, and
such licenses | 3 |
| shall be divided and classified and shall permit the
purchase, | 4 |
| possession and use of limited and stated quantities of
| 5 |
| alcoholic liquor as follows:
| 6 |
| Class 1, not to exceed ......................... 500 gallons
| 7 |
| Class 2, not to exceed ....................... 1,000 gallons
| 8 |
| Class 3, not to exceed ....................... 5,000 gallons
| 9 |
| Class 4, not to exceed ...................... 10,000 gallons
| 10 |
| Class 5, not to exceed ....................... 50,000 gallons
| 11 |
| (i) A wine-maker's premises license shall allow a
licensee | 12 |
| that concurrently holds a first-class wine-maker's license to | 13 |
| sell
and offer for sale at retail in the premises specified in | 14 |
| such license
not more than 50,000 gallons of the first-class | 15 |
| wine-maker's wine that is
made at the first-class wine-maker's | 16 |
| licensed premises per year for use or
consumption, but not for | 17 |
| resale in any form. A wine-maker's premises
license shall allow | 18 |
| a licensee who concurrently holds a second-class
wine-maker's | 19 |
| license to sell and offer for sale at retail in the premises
| 20 |
| specified in such license up to 100,000 gallons of the
| 21 |
| second-class wine-maker's wine that is made at the second-class | 22 |
| wine-maker's
licensed premises per year
for use or consumption | 23 |
| but not for resale in any form. A wine-maker's premises license | 24 |
| shall allow a
licensee that concurrently holds a first-class | 25 |
| wine-maker's license or a second-class
wine-maker's license to | 26 |
| sell
and offer for sale at retail at the premises specified in | 27 |
| the wine-maker's premises license, for use or consumption but | 28 |
| not for resale in any form, any beer, wine, and spirits | 29 |
| purchased from a licensed distributor. Upon approval from the
| 30 |
| State Commission, a wine-maker's premises license
shall allow | 31 |
| the licensee to sell and offer for sale at (i) the wine-maker's
| 32 |
| licensed premises and (ii) at up to 2 additional locations for | 33 |
| use and
consumption and not for resale. Each location shall | 34 |
| require additional
licensing per location as specified in | 35 |
| Section 5-3 of this Act.
| 36 |
| (j) An airplane license shall permit the licensee to import
|
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
|
| 1 |
| alcoholic liquors into this State from any point in the United | 2 |
| States
outside this State and to store such alcoholic liquors | 3 |
| in this State; to
make wholesale purchases of alcoholic liquors | 4 |
| directly from
manufacturers, foreign importers, distributors | 5 |
| and importing
distributors from within or outside this State; | 6 |
| and to store such
alcoholic liquors in this State; provided | 7 |
| that the above powers may be
exercised only in connection with | 8 |
| the importation, purchase or storage
of alcoholic liquors to be | 9 |
| sold or dispensed on an airplane; and
provided further, that | 10 |
| airplane licensees exercising the above powers
shall be subject | 11 |
| to all provisions of Article VIII of this Act as
applied to | 12 |
| importing distributors. An airplane licensee shall also
permit | 13 |
| the sale or dispensing of alcoholic liquors on any passenger
| 14 |
| airplane regularly operated by a common carrier in this State, | 15 |
| but shall
not permit the sale for resale of any alcoholic | 16 |
| liquors to any licensee
within this State. A single airplane | 17 |
| license shall be required of an
airline company if liquor | 18 |
| service is provided on board aircraft in this
State. The annual | 19 |
| fee for such license shall be as determined in
Section 5-3.
| 20 |
| (k) A foreign importer's license shall permit such licensee | 21 |
| to purchase
alcoholic liquor from Illinois licensed | 22 |
| non-resident dealers only, and to
import alcoholic liquor other | 23 |
| than in bulk from any point outside the
United States and to | 24 |
| sell such alcoholic liquor to Illinois licensed
importing | 25 |
| distributors and to no one else in Illinois;
provided that the | 26 |
| foreign importer registers with the State Commission
every
| 27 |
| brand of
alcoholic liquor that it proposes to sell to Illinois | 28 |
| licensees during the
license period and
provided further that | 29 |
| the foreign importer complies with all of the provisions
of | 30 |
| Section
6-9 of this Act with respect to registration of such | 31 |
| Illinois licensees as may
be granted the
right to sell such | 32 |
| brands at wholesale.
| 33 |
| (l) (i) A broker's license shall be required of all persons
| 34 |
| who solicit
orders for, offer to sell or offer to supply | 35 |
| alcoholic liquor to
retailers in the State of Illinois, or who | 36 |
| offer to retailers to ship or
cause to be shipped or to make |
|
|
|
HB4403 |
- 52 - |
LRB094 16842 AMC 52120 b |
|
| 1 |
| contact with distillers, rectifiers,
brewers or manufacturers | 2 |
| or any other party within or without the State
of Illinois in | 3 |
| order that alcoholic liquors be shipped to a distributor,
| 4 |
| importing distributor or foreign importer, whether such | 5 |
| solicitation or
offer is consummated within or without the | 6 |
| State of Illinois.
| 7 |
| No holder of a retailer's license issued by the Illinois | 8 |
| Liquor
Control Commission shall purchase or receive any | 9 |
| alcoholic liquor, the
order for which was solicited or offered | 10 |
| for sale to such retailer by a
broker unless the broker is the | 11 |
| holder of a valid broker's license.
| 12 |
| The broker shall, upon the acceptance by a retailer of the | 13 |
| broker's
solicitation of an order or offer to sell or supply or | 14 |
| deliver or have
delivered alcoholic liquors, promptly forward | 15 |
| to the Illinois Liquor
Control Commission a notification of | 16 |
| said transaction in such form as
the Commission may by | 17 |
| regulations prescribe.
| 18 |
| (ii) A broker's license shall be required of
a person | 19 |
| within this State, other than a retail licensee,
who, for a fee | 20 |
| or commission, promotes, solicits, or accepts orders for
| 21 |
| alcoholic liquor, for use or consumption and not for
resale, to | 22 |
| be shipped from this State and delivered to residents outside | 23 |
| of
this State by an express company, common carrier, or | 24 |
| contract carrier.
This Section does not apply to any person who | 25 |
| promotes, solicits, or accepts
orders for wine as specifically | 26 |
| authorized in Section 6-29 of this Act.
| 27 |
| A broker's license under this subsection (1) shall not | 28 |
| entitle the holder to
buy or sell any
alcoholic liquors for his | 29 |
| own account or to take or deliver title to
such alcoholic | 30 |
| liquors.
| 31 |
| This subsection (1) shall not apply to distributors, | 32 |
| employees of
distributors, or employees of a manufacturer who | 33 |
| has registered the
trademark, brand or name of the alcoholic | 34 |
| liquor pursuant to Section 6-9
of this Act, and who regularly | 35 |
| sells such alcoholic liquor
in the State of Illinois only to | 36 |
| its registrants thereunder.
|
|
|
|
HB4403 |
- 53 - |
LRB094 16842 AMC 52120 b |
|
| 1 |
| Any agent, representative, or person subject to | 2 |
| registration pursuant to
subsection (a-1) of this Section shall | 3 |
| not be eligible to receive a broker's
license.
| 4 |
| (m) A non-resident dealer's license shall permit such | 5 |
| licensee to ship
into and warehouse alcoholic liquor into this | 6 |
| State from any point
outside of this State, and to sell such | 7 |
| alcoholic liquor to Illinois licensed
foreign importers and | 8 |
| importing distributors and to no one else in this State;
| 9 |
| provided that said non-resident dealer shall register with the | 10 |
| Illinois Liquor
Control Commission each and every brand of | 11 |
| alcoholic liquor which it proposes
to sell to Illinois | 12 |
| licensees during the license period; and further provided
that | 13 |
| it shall comply with all of the provisions of Section 6-9 | 14 |
| hereof with
respect to registration of such Illinois licensees | 15 |
| as may be granted the right
to sell such brands at wholesale.
| 16 |
| (n) A brew pub license shall allow the licensee to | 17 |
| manufacture beer only
on the premises specified in the license, | 18 |
| to make sales of the
beer manufactured on the premises to | 19 |
| importing distributors, distributors,
and to non-licensees for | 20 |
| use and consumption, to store the beer upon
the premises, and | 21 |
| to sell and offer for sale at retail from the licensed
| 22 |
| premises, provided that a brew pub licensee shall not sell for | 23 |
| off-premises
consumption more than 50,000 gallons per year.
| 24 |
| (o) A caterer retailer license shall allow the holder
to | 25 |
| serve alcoholic liquors as an incidental part of a food service | 26 |
| that serves
prepared meals which excludes the serving of snacks | 27 |
| as
the primary meal, either on or off-site whether licensed or | 28 |
| unlicensed.
| 29 |
| (p) An auction liquor license shall allow the licensee to | 30 |
| sell and offer
for sale at auction wine and spirits for use or | 31 |
| consumption, or for resale by
an Illinois liquor licensee in | 32 |
| accordance with provisions of this Act. An
auction liquor | 33 |
| license will be issued to a person and it will permit the
| 34 |
| auction liquor licensee to hold the auction anywhere in the | 35 |
| State. An auction
liquor license must be obtained for each | 36 |
| auction at least 14 days in advance of
the auction date.
|
|
|
|
HB4403 |
- 54 - |
LRB094 16842 AMC 52120 b |
|
| 1 |
| (q) A special use permit license shall allow an Illinois | 2 |
| licensed
retailer to transfer a portion of its alcoholic liquor | 3 |
| inventory from its
retail licensed premises to the premises | 4 |
| specified in the license hereby
created, and to sell or offer | 5 |
| for sale at retail, only in the premises
specified in the | 6 |
| license hereby created, the transferred alcoholic liquor for
| 7 |
| use or consumption, but not for resale in any form. A special | 8 |
| use permit
license may be granted for the following time | 9 |
| periods: one day or less; 2 or
more days to a maximum of 15 days | 10 |
| per location in any 12 month period. An
applicant for the | 11 |
| special use permit license must also submit with the
| 12 |
| application proof satisfactory to the State Commission that the | 13 |
| applicant will
provide dram shop liability insurance to the | 14 |
| maximum limits and have local
authority approval.
| 15 |
| (Source: P.A. 92-105, eff. 1-1-02; 92-378, eff. 8-16-01; | 16 |
| 92-651, eff. 7-11-02; 92-672, eff. 7-16-02; 93-923, eff. | 17 |
| 8-12-04; 93-1057, eff. 12-2-04; revised 12-6-04.)
| 18 |
| (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
| 19 |
| Sec. 6-30. Notwithstanding any other provision of this Act, | 20 |
| the
Illinois Gaming Board shall have exclusive authority to | 21 |
| establish the hours
for sale and consumption of alcoholic | 22 |
| liquor on board a riverboat during
riverboat gambling | 23 |
| excursions and in a casino conducted in accordance with the | 24 |
| Riverboat
and Casino Gambling Act.
| 25 |
| (Source: P.A. 87-826.)
| 26 |
| Section 40. The Criminal Code of 1961 is amended by | 27 |
| changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as | 28 |
| follows:
| 29 |
| (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 30 |
| Sec. 28-1. Gambling.
| 31 |
| (a) A person commits gambling when he:
| 32 |
| (1) Plays a game of chance or skill for money or other | 33 |
| thing of
value, unless excepted in subsection (b) of this |
|
|
|
HB4403 |
- 55 - |
LRB094 16842 AMC 52120 b |
|
| 1 |
| Section; or
| 2 |
| (2) Makes a wager upon the result of any game, contest, | 3 |
| or any
political nomination, appointment or election; or
| 4 |
| (3) Operates, keeps, owns, uses, purchases, exhibits, | 5 |
| rents, sells,
bargains for the sale or lease of, | 6 |
| manufactures or distributes any
gambling device; or
| 7 |
| (4) Contracts to have or give himself or another the | 8 |
| option to buy
or sell, or contracts to buy or sell, at a | 9 |
| future time, any grain or
other commodity whatsoever, or | 10 |
| any stock or security of any company,
where it is at the | 11 |
| time of making such contract intended by both parties
| 12 |
| thereto that the contract to buy or sell, or the option, | 13 |
| whenever
exercised, or the contract resulting therefrom, | 14 |
| shall be settled, not by
the receipt or delivery of such | 15 |
| property, but by the payment only of
differences in prices | 16 |
| thereof; however, the issuance, purchase, sale,
exercise, | 17 |
| endorsement or guarantee, by or through a person registered
| 18 |
| with the Secretary of State pursuant to Section 8 of the | 19 |
| Illinois
Securities Law of 1953, or by or through a person | 20 |
| exempt from such
registration under said Section 8, of a | 21 |
| put, call, or other option to
buy or sell securities which | 22 |
| have been registered with the Secretary of
State or which | 23 |
| are exempt from such registration under Section 3 of the
| 24 |
| Illinois Securities Law of 1953 is not gambling within the | 25 |
| meaning of
this paragraph (4); or
| 26 |
| (5) Knowingly owns or possesses any book, instrument or | 27 |
| apparatus by
means of which bets or wagers have been, or | 28 |
| are, recorded or registered,
or knowingly possesses any | 29 |
| money which he has received in the course of
a bet or | 30 |
| wager; or
| 31 |
| (6) Sells pools upon the result of any game or contest | 32 |
| of skill or
chance, political nomination, appointment or | 33 |
| election; or
| 34 |
| (7) Sets up or promotes any lottery or sells, offers to | 35 |
| sell or
transfers any ticket or share for any lottery; or
| 36 |
| (8) Sets up or promotes any policy game or sells, |
|
|
|
HB4403 |
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LRB094 16842 AMC 52120 b |
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| offers to sell or
knowingly possesses or transfers any | 2 |
| policy ticket, slip, record,
document or other similar | 3 |
| device; or
| 4 |
| (9) Knowingly drafts, prints or publishes any lottery | 5 |
| ticket or share,
or any policy ticket, slip, record, | 6 |
| document or similar device, except for
such activity | 7 |
| related to lotteries, bingo games and raffles authorized by
| 8 |
| and conducted in accordance with the laws of Illinois or | 9 |
| any other state or
foreign government; or
| 10 |
| (10) Knowingly advertises any lottery or policy game, | 11 |
| except for such
activity related to lotteries, bingo games | 12 |
| and raffles authorized by and
conducted in accordance with | 13 |
| the laws of Illinois or any other state; or
| 14 |
| (11) Knowingly transmits information as to wagers, | 15 |
| betting odds, or
changes in betting odds by telephone, | 16 |
| telegraph, radio, semaphore or
similar means; or knowingly | 17 |
| installs or maintains equipment for the
transmission or | 18 |
| receipt of such information; except that nothing in this
| 19 |
| subdivision (11) prohibits transmission or receipt of such | 20 |
| information
for use in news reporting of sporting events or | 21 |
| contests; or
| 22 |
| (12) Knowingly establishes, maintains, or operates an | 23 |
| Internet site that
permits a person to play a game of
| 24 |
| chance or skill for money or other thing of value by means | 25 |
| of the Internet or
to make a wager upon the
result of any | 26 |
| game, contest, political nomination, appointment, or
| 27 |
| election by means of the Internet.
| 28 |
| (b) Participants in any of the following activities shall | 29 |
| not be
convicted of gambling therefor:
| 30 |
| (1) Agreements to compensate for loss caused by the | 31 |
| happening of
chance including without limitation contracts | 32 |
| of indemnity or guaranty
and life or health or accident | 33 |
| insurance;
| 34 |
| (2) Offers of prizes, award or compensation to the | 35 |
| actual
contestants in any bona fide contest for the | 36 |
| determination of skill,
speed, strength or endurance or to |
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| the owners of animals or vehicles
entered in such contest;
| 2 |
| (3) Pari-mutuel betting as authorized by the law of | 3 |
| this State;
| 4 |
| (4) Manufacture of gambling devices, including the | 5 |
| acquisition of
essential parts therefor and the assembly | 6 |
| thereof, for transportation in
interstate or foreign | 7 |
| commerce to any place outside this State when such
| 8 |
| transportation is not prohibited by any applicable Federal | 9 |
| law;
| 10 |
| (5) The game commonly known as "bingo", when conducted | 11 |
| in accordance
with the Bingo License and Tax Act;
| 12 |
| (6) Lotteries when conducted by the State of Illinois | 13 |
| in accordance
with the Illinois Lottery Law;
| 14 |
| (7) Possession of an antique slot machine that is | 15 |
| neither used nor
intended to be used in the operation or | 16 |
| promotion of any unlawful
gambling activity or enterprise. | 17 |
| For the purpose of this subparagraph
(b)(7), an antique | 18 |
| slot machine is one manufactured 25 years ago or earlier;
| 19 |
| (8) Raffles when conducted in accordance with the | 20 |
| Raffles Act;
| 21 |
| (9) Charitable games when conducted in accordance with | 22 |
| the Charitable
Games Act;
| 23 |
| (10) Pull tabs and jar games when conducted under the | 24 |
| Illinois Pull
Tabs and Jar Games Act; or
| 25 |
| (11) Gambling games conducted on riverboats when
| 26 |
| authorized by the Riverboat and Casino Gambling Act.
| 27 |
| (c) Sentence.
| 28 |
| Gambling under subsection (a)(1) or (a)(2) of this Section | 29 |
| is a
Class A misdemeanor. Gambling under any of subsections | 30 |
| (a)(3) through
(a)(11) of this Section is a Class A | 31 |
| misdemeanor. A second or
subsequent conviction under any of | 32 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 33 |
| Gambling under subsection (a)(12) of this Section is a
Class A
| 34 |
| misdemeanor. A second or subsequent conviction under | 35 |
| subsection (a)(12) is a
Class 4 felony.
| 36 |
| (d) Circumstantial evidence.
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LRB094 16842 AMC 52120 b |
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| In prosecutions under subsection (a)(1) through (a)(12) of
| 2 |
| this
Section circumstantial evidence shall have the same | 3 |
| validity and weight as
in any criminal prosecution.
| 4 |
| (Source: P.A. 91-257, eff. 1-1-00.)
| 5 |
| (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
| 6 |
| Sec. 28-1.1. Syndicated gambling.
| 7 |
| (a) Declaration of Purpose. Recognizing the close | 8 |
| relationship between
professional gambling and other organized | 9 |
| crime, it is declared to be the
policy of the legislature to | 10 |
| restrain persons from engaging in the business
of gambling for | 11 |
| profit in this State. This Section shall be liberally
construed | 12 |
| and administered with a view to carrying out this policy.
| 13 |
| (b) A person commits syndicated gambling when he operates a | 14 |
| "policy
game" or engages in the business of bookmaking.
| 15 |
| (c) A person "operates a policy game" when he knowingly | 16 |
| uses any
premises or property for the purpose of receiving or | 17 |
| knowingly does
receive from what is commonly called "policy":
| 18 |
| (1) money from a person other than the better or player | 19 |
| whose
bets or plays are represented by such money; or
| 20 |
| (2) written "policy game" records, made or used over | 21 |
| any
period of time, from a person other than the better or | 22 |
| player whose bets
or plays are represented by such written | 23 |
| record.
| 24 |
| (d) A person engages in bookmaking when he receives or | 25 |
| accepts more
than five bets or wagers upon the result of any | 26 |
| trials or contests of
skill, speed or power of endurance or | 27 |
| upon any lot, chance, casualty,
unknown or contingent event | 28 |
| whatsoever, which bets or wagers shall be of
such size that the | 29 |
| total of the amounts of money paid or promised to be
paid to | 30 |
| such bookmaker on account thereof shall exceed $2,000.
| 31 |
| Bookmaking is the receiving or accepting of such bets or wagers
| 32 |
| regardless of the form or manner in which the bookmaker records | 33 |
| them.
| 34 |
| (e) Participants in any of the following activities shall | 35 |
| not be
convicted of syndicated gambling:
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| (1) Agreements to compensate for loss caused by the | 2 |
| happening
of chance including without limitation contracts | 3 |
| of indemnity or
guaranty and life or health or accident | 4 |
| insurance; and
| 5 |
| (2) Offers of prizes, award or compensation to the | 6 |
| actual
contestants in any bona fide contest for the | 7 |
| determination of skill,
speed, strength or endurance or to | 8 |
| the owners of animals or vehicles
entered in such contest; | 9 |
| and
| 10 |
| (3) Pari-mutuel betting as authorized by law of this | 11 |
| State;
and
| 12 |
| (4) Manufacture of gambling devices, including the | 13 |
| acquisition
of essential parts therefor and the assembly | 14 |
| thereof, for transportation
in interstate or foreign | 15 |
| commerce to any place outside this State when
such | 16 |
| transportation is not prohibited by any applicable Federal | 17 |
| law; and
| 18 |
| (5) Raffles when conducted in accordance with the | 19 |
| Raffles Act; and
| 20 |
| (6) Gambling games conducted on riverboats or in | 21 |
| casinos when
authorized by the Riverboat and Casino
| 22 |
| Gambling Act.
| 23 |
| (f) Sentence. Syndicated gambling is a Class 3 felony.
| 24 |
| (Source: P.A. 86-1029; 87-435.)
| 25 |
| (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
| 26 |
| Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 27 |
| any real
estate, vehicle, boat or any other property whatsoever | 28 |
| used for the
purposes of gambling other than gambling conducted | 29 |
| in the manner authorized
by the Riverboat and Casino Gambling | 30 |
| Act. Any person who knowingly permits any premises
or property | 31 |
| owned or occupied by him or under his control to be used as a
| 32 |
| gambling place commits a Class A misdemeanor. Each subsequent | 33 |
| offense is a
Class 4 felony. When any premises is determined by | 34 |
| the circuit court to be
a gambling place:
| 35 |
| (a) Such premises is a public nuisance and may be proceeded |
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HB4403 |
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LRB094 16842 AMC 52120 b |
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| against as such, and
| 2 |
| (b) All licenses, permits or certificates issued by the | 3 |
| State of
Illinois or any subdivision or public agency thereof | 4 |
| authorizing the
serving of food or liquor on such premises | 5 |
| shall be void; and no license,
permit or certificate so | 6 |
| cancelled shall be reissued for such premises for
a period of | 7 |
| 60 days thereafter; nor shall any person convicted of keeping a
| 8 |
| gambling place be reissued such license
for one year from his | 9 |
| conviction and, after a second conviction of keeping
a gambling | 10 |
| place, any such person shall not be reissued such license, and
| 11 |
| (c) Such premises of any person who knowingly permits | 12 |
| thereon a
violation of any Section of this Article shall be | 13 |
| held liable for, and may
be sold to pay any unsatisfied | 14 |
| judgment that may be recovered and any
unsatisfied fine that | 15 |
| may be levied under any Section of this Article.
| 16 |
| (Source: P.A. 86-1029.)
| 17 |
| (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| 18 |
| Sec. 28-5. Seizure of gambling devices and gambling funds.
| 19 |
| (a) Every device designed for gambling which is incapable | 20 |
| of lawful use
or every device used unlawfully for gambling | 21 |
| shall be considered a
"gambling device", and shall be subject | 22 |
| to seizure, confiscation and
destruction by the Department of | 23 |
| State Police or by any municipal, or other
local authority, | 24 |
| within whose jurisdiction the same may be found. As used
in | 25 |
| this Section, a "gambling device" includes any slot machine, | 26 |
| and
includes any machine or device constructed for the | 27 |
| reception of money or
other thing of value and so constructed | 28 |
| as to return, or to cause someone
to return, on chance to the | 29 |
| player thereof money, property or a right to
receive money or | 30 |
| property. With the exception of any device designed for
| 31 |
| gambling which is incapable of lawful use, no gambling device | 32 |
| shall be
forfeited or destroyed unless an individual with a | 33 |
| property interest in
said device knows of the unlawful use of | 34 |
| the device.
| 35 |
| (b) Every gambling device shall be seized and forfeited to |
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LRB094 16842 AMC 52120 b |
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| the county
wherein such seizure occurs. Any money or other | 2 |
| thing of value integrally
related to acts of gambling shall be | 3 |
| seized and forfeited to the county
wherein such seizure occurs.
| 4 |
| (c) If, within 60 days after any seizure pursuant to | 5 |
| subparagraph
(b) of this Section, a person having any property | 6 |
| interest in the seized
property is charged with an offense, the | 7 |
| court which renders judgment
upon such charge shall, within 30 | 8 |
| days after such judgment, conduct a
forfeiture hearing to | 9 |
| determine whether such property was a gambling device
at the | 10 |
| time of seizure. Such hearing shall be commenced by a written
| 11 |
| petition by the State, including material allegations of fact, | 12 |
| the name
and address of every person determined by the State to | 13 |
| have any property
interest in the seized property, a | 14 |
| representation that written notice of
the date, time and place | 15 |
| of such hearing has been mailed to every such
person by | 16 |
| certified mail at least 10 days before such date, and a
request | 17 |
| for forfeiture. Every such person may appear as a party and
| 18 |
| present evidence at such hearing. The quantum of proof required | 19 |
| shall
be a preponderance of the evidence, and the burden of | 20 |
| proof shall be on
the State. If the court determines that the | 21 |
| seized property was
a gambling device at the time of seizure, | 22 |
| an order of forfeiture and
disposition of the seized property | 23 |
| shall be entered: a gambling device
shall be received by the | 24 |
| State's Attorney, who shall effect its
destruction, except that | 25 |
| valuable parts thereof may be liquidated and
the resultant | 26 |
| money shall be deposited in the general fund of the county
| 27 |
| wherein such seizure occurred; money and other things of value | 28 |
| shall be
received by the State's Attorney and, upon | 29 |
| liquidation, shall be
deposited in the general fund of the | 30 |
| county wherein such seizure
occurred. However, in the event | 31 |
| that a defendant raises the defense
that the seized slot | 32 |
| machine is an antique slot machine described in
subparagraph | 33 |
| (b) (7) of Section 28-1 of this Code and therefore he is
exempt | 34 |
| from the charge of a gambling activity participant, the seized
| 35 |
| antique slot machine shall not be destroyed or otherwise | 36 |
| altered until a
final determination is made by the Court as to |
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LRB094 16842 AMC 52120 b |
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| whether it is such an
antique slot machine. Upon a final | 2 |
| determination by the Court of this
question in favor of the | 3 |
| defendant, such slot machine shall be
immediately returned to | 4 |
| the defendant. Such order of forfeiture and
disposition shall, | 5 |
| for the purposes of appeal, be a final order and
judgment in a | 6 |
| civil proceeding.
| 7 |
| (d) If a seizure pursuant to subparagraph (b) of this | 8 |
| Section is not
followed by a charge pursuant to subparagraph | 9 |
| (c) of this Section, or if
the prosecution of such charge is | 10 |
| permanently terminated or indefinitely
discontinued without | 11 |
| any judgment of conviction or acquittal (1) the
State's | 12 |
| Attorney shall commence an in rem proceeding for the forfeiture
| 13 |
| and destruction of a gambling device, or for the forfeiture and | 14 |
| deposit
in the general fund of the county of any seized money | 15 |
| or other things of
value, or both, in the circuit court and (2) | 16 |
| any person having any
property interest in such seized gambling | 17 |
| device, money or other thing
of value may commence separate | 18 |
| civil proceedings in the manner provided
by law.
| 19 |
| (e) Any gambling device displayed for sale to a riverboat | 20 |
| gambling
operation or a casino gambling operation or used to | 21 |
| train occupational licensees of a riverboat gambling
operation | 22 |
| or a casino gambling operation as authorized under the | 23 |
| Riverboat and Casino Gambling Act is exempt from
seizure under | 24 |
| this Section.
| 25 |
| (f) Any gambling equipment, devices and supplies provided | 26 |
| by a licensed
supplier in accordance with the Riverboat and | 27 |
| Casino Gambling Act which are removed
from a
the riverboat or | 28 |
| casino for repair are exempt from seizure under this Section.
| 29 |
| (Source: P.A. 87-826.)
| 30 |
| (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
| 31 |
| Sec. 28-7. Gambling contracts void.
| 32 |
| (a) All promises, notes, bills, bonds, covenants, | 33 |
| contracts, agreements,
judgments, mortgages, or other | 34 |
| securities or conveyances made, given,
granted, drawn, or | 35 |
| entered into, or executed by any person whatsoever,
where the |
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LRB094 16842 AMC 52120 b |
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| whole or any part of the consideration thereof is for any
money | 2 |
| or thing of value, won or obtained in violation of any Section | 3 |
| of
this Article are null and void.
| 4 |
| (b) Any obligation void under this Section may be set aside | 5 |
| and vacated
by any court of competent jurisdiction, upon a | 6 |
| complaint filed for that
purpose, by the person so granting, | 7 |
| giving, entering into, or executing the
same, or by his | 8 |
| executors or administrators, or by any creditor, heir,
legatee, | 9 |
| purchaser or other person interested therein; or if a judgment,
| 10 |
| the same may be set aside on motion of any person stated above, | 11 |
| on due
notice thereof given.
| 12 |
| (c) No assignment of any obligation void under this Section | 13 |
| may in any
manner affect the defense of the person giving, | 14 |
| granting, drawing, entering
into or executing such obligation, | 15 |
| or the remedies of any person interested
therein.
| 16 |
| (d) This Section shall not prevent a licensed owner of a | 17 |
| riverboat
gambling operation or a casino gambling operation
| 18 |
| from instituting a cause of action to collect any amount
due | 19 |
| and owing under an extension of credit to a riverboat gambling | 20 |
| patron
as authorized under the Riverboat and Casino Gambling | 21 |
| Act.
| 22 |
| (Source: P.A. 87-826.)
| 23 |
| Section 45. The Travel Promotion Consumer Protection Act is | 24 |
| amended by changing Section 2 as follows:
| 25 |
| (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
| 26 |
| Sec. 2. Definitions.
| 27 |
| (a) "Travel promoter" means a person, including a tour | 28 |
| operator, who sells,
provides, furnishes, contracts for, | 29 |
| arranges or advertises that he or she will
arrange wholesale or | 30 |
| retail transportation by air, land, sea or navigable
stream, | 31 |
| either separately or in conjunction with other services. | 32 |
| "Travel
promoter" does not include (1) an air carrier; (2) a | 33 |
| sea carrier; (3) an
officially appointed agent of an air | 34 |
| carrier who is a member in good standing
of the Airline |
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LRB094 16842 AMC 52120 b |
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| Reporting Corporation; (4) a travel promoter who has in
force | 2 |
| $1,000,000 or more of liability insurance coverage for | 3 |
| professional
errors and omissions and a surety bond or | 4 |
| equivalent surety in the amount of
$100,000 or more for the | 5 |
| benefit of consumers in the event of a bankruptcy on
the part | 6 |
| of the travel promoter; or (5) a riverboat subject to | 7 |
| regulation under
the Riverboat and Casino Gambling Act.
| 8 |
| (b) "Advertise" means to make any representation in the | 9 |
| solicitation of
passengers and includes communication with | 10 |
| other members of the same
partnership, corporation, joint | 11 |
| venture, association, organization, group or
other entity.
| 12 |
| (c) "Passenger" means a person on whose behalf money or | 13 |
| other
consideration has been given or is to be given to | 14 |
| another, including
another member of the same partnership, | 15 |
| corporation, joint venture,
association, organization, group | 16 |
| or other entity, for travel.
| 17 |
| (d) "Ticket or voucher" means a writing or combination of | 18 |
| writings which
is itself good and sufficient to obtain
| 19 |
| transportation and other services for which the passenger has | 20 |
| contracted.
| 21 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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