Full Text of HB4944 094th General Assembly
HB4944 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4944
Introduced 1/19/2006, by Rep. Gary Hannig SYNOPSIS AS INTRODUCED: |
|
230 ILCS 30/2 |
from Ch. 120, par. 1122 |
230 ILCS 30/4 |
from Ch. 120, par. 1124 |
230 ILCS 30/5 |
from Ch. 120, par. 1125 |
230 ILCS 30/5.1 |
from Ch. 120, par. 1125.1 |
230 ILCS 30/6 |
from Ch. 120, par. 1126 |
230 ILCS 30/7 |
from Ch. 120, par. 1127 |
230 ILCS 30/8 |
from Ch. 120, par. 1128 |
230 ILCS 30/10 |
from Ch. 120, par. 1130 |
230 ILCS 30/11 |
from Ch. 120, par. 1131 |
230 ILCS 30/12 |
from Ch. 120, par. 1132 |
|
Amends the Charitable Games Act. Re-enacts provisions of that Act affected by Public Act 88-669, which has been held to be unconstitutional as a violation of the single subject clause of the Illinois Constitution. Includes validation provisions. Effective immediately.
|
| |
|
|
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
|
|
A BILL FOR
|
|
|
|
|
HB4944 |
|
LRB094 17381 EFG 52676 b |
|
| 1 |
| AN ACT in relation to charitable games.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Findings; purpose; validation. | 5 |
| (a) The General Assembly finds and declares that: | 6 |
| (1) Public Act 88-669, effective November 29, 1994, | 7 |
| contained provisions amending the Charitable Games Act. | 8 |
| Public Act 88-669 also contained other provisions. | 9 |
| (2) The Illinois Supreme Court declared Public Act | 10 |
| 88-669 to be unconstitutional as a violation of the single | 11 |
| subject clause of the Illinois Constitution in People v. | 12 |
| Olender , Docket No. 98932, opinion filed December 15, 2005. | 13 |
| (b) The purpose of this Act is to re-enact the provisions | 14 |
| of the Charitable Games Act affected by Public Act 88-669 and | 15 |
| to minimize or prevent any problems concerning those provisions | 16 |
| that may arise from the unconstitutionality of Public Act | 17 |
| 88-669. This re-enactment is intended to remove any question as | 18 |
| to the validity and content of those provisions; it is not | 19 |
| intended to supersede any other Public Act that amends the | 20 |
| provisions re-enacted in this Act. The re-enacted material is | 21 |
| shown in this Act as existing text (i.e., without underscoring) | 22 |
| and may include changes made by subsequent amendments. | 23 |
| (c) The re-enactment of provisions of the Charitable Games | 24 |
| Act by this Act is not intended, and shall not be construed, to | 25 |
| impair any legal argument concerning whether those provisions | 26 |
| were substantially re-enacted by any other Public Act. | 27 |
| (d) All otherwise lawful actions taken before the effective | 28 |
| date of this Act in reliance on or pursuant to the provisions | 29 |
| re-enacted by this Act, as those provisions were set forth in | 30 |
| Public Act 88-669 or as subsequently amended, by any officer, | 31 |
| employee, or agency of State government or by any other person | 32 |
| or entity, are hereby validated, except to the extent | 33 |
| prohibited under the Illinois or United States Constitution. |
|
|
|
HB4944 |
- 2 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| (e) This Act applies, without limitation, to actions | 2 |
| pending on or after the effective date of this Act, except to | 3 |
| the extent prohibited under the Illinois or United States | 4 |
| Constitution.
| 5 |
| Section 5. The Charitable Games Act is amended by | 6 |
| re-enacting Sections 2, 4, 5, 5.1, 6, 7, 8, 10, 11, and 12 as | 7 |
| follows:
| 8 |
| (230 ILCS 30/2) (from Ch. 120, par. 1122)
| 9 |
| Sec. 2. Definitions. For purposes of this Act, the | 10 |
| following definitions
apply:
| 11 |
| "Organization": A corporation, agency, partnership, | 12 |
| institution,
association, firm or other entity consisting of 2 | 13 |
| or more persons joined by
a common interest or purpose.
| 14 |
| "Sponsoring organization": A qualified organization that | 15 |
| has obtained a
license to conduct a charitable games event in | 16 |
| conformance with the provisions
of this Act.
| 17 |
| "Qualified organization":
| 18 |
| (a) a charitable, religious, fraternal, veterans, | 19 |
| labor or educational
organization or institution organized | 20 |
| and conducted on a not-for-profit
basis with no personal | 21 |
| profit inuring to anyone as a result of the
operation and | 22 |
| which is exempt from federal income taxation under Sections
| 23 |
| 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or | 24 |
| 501(c)(19) of the
Internal Revenue Code;
| 25 |
| (b) a veterans organization as defined in Section 1 of | 26 |
| the
"Bingo License and Tax Act", approved July 22, 1971, as | 27 |
| amended, organized
and conducted on a not-for-profit basis | 28 |
| with no personal profit inuring to
anyone as a result of | 29 |
| the operation; or
| 30 |
| (c) An auxiliary organization of a veterans | 31 |
| organization.
| 32 |
| "Fraternal organization": A civic, service or charitable | 33 |
| organization in
this State except a college or high school | 34 |
| fraternity or sorority, not for
pecuniary profit, which is a |
|
|
|
HB4944 |
- 3 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| branch, lodge or chapter of a national or
State organization | 2 |
| and exists for the common business, brotherhood, or
other | 3 |
| interest of its members.
| 4 |
| "Veterans organization": An organization comprised of | 5 |
| members of which
substantially all are individuals who are | 6 |
| veterans or spouses, widows, or
widowers of veterans, the | 7 |
| primary purpose of which is to promote the
welfare of its | 8 |
| members and to provide assistance to the general public in
such | 9 |
| a way as to confer a public benefit.
| 10 |
| "Labor organization": An organization composed of labor | 11 |
| unions or
workers organized with the objective of betterment of | 12 |
| the conditions of
those engaged in such pursuit and the | 13 |
| development of a higher degree of
efficiency in their | 14 |
| respective occupations.
| 15 |
| "Department": The Department of Revenue.
| 16 |
| "Volunteer": A person recruited by the sponsoring | 17 |
| organization who
voluntarily performs services at a charitable | 18 |
| games event, including
participation in the management or | 19 |
| operation of a game, as defined in Section
8.
| 20 |
| "Person": Any natural individual, a corporation, a | 21 |
| partnership, a limited
liability company, an organization as | 22 |
| defined in this
Section, a qualified organization, a sponsoring | 23 |
| organization, any other
licensee under this Act, or a | 24 |
| volunteer.
| 25 |
| (Source: P.A. 87-758; 88-669, eff. 11-29-94.)
| 26 |
| (230 ILCS 30/4) (from Ch. 120, par. 1124)
| 27 |
| Sec. 4. Licensing Restrictions. Licensing for the | 28 |
| conducting of
charitable games is subject to the following | 29 |
| restrictions:
| 30 |
| (1) The license application, when submitted to the | 31 |
| Department of Revenue,
must contain a sworn statement | 32 |
| attesting to the not-for-profit character
of the | 33 |
| prospective licensee organization, signed by the presiding | 34 |
| officer
and the secretary of that organization. The | 35 |
| application shall contain the
name of the person in charge |
|
|
|
HB4944 |
- 4 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| of and primarily responsible for the
conduct of the | 2 |
| charitable games. The person so designated shall be
present | 3 |
| on the premises continuously during charitable games. Any | 4 |
| wilful
misstatements contained in such application | 5 |
| constitute perjury.
| 6 |
| (2) The application for license shall be prepared by | 7 |
| the prospective
licensee organization or its duly | 8 |
| authorized representative in accordance
with the
rules of | 9 |
| the Department of Revenue.
| 10 |
| (2.1) The application for a license shall contain a | 11 |
| list of the names,
addresses, social security numbers, and | 12 |
| dates of birth of all persons who will
participate in the | 13 |
| management or operation of the games, along with a sworn
| 14 |
| statement made under penalties of perjury, signed by the | 15 |
| presiding officer and
secretary of the applicant, that the | 16 |
| persons listed as participating in the
management or | 17 |
| operation of the games are bona fide members, volunteers as
| 18 |
| defined in Section 2, or employees of the applicant, that | 19 |
| these persons have
not
participated in the management or | 20 |
| operation of more than 4 charitable games
events conducted | 21 |
| by any licensee in the calendar year, and that these | 22 |
| persons
will receive no remuneration or compensation, | 23 |
| directly or indirectly from any
source, for participating | 24 |
| in the management or operation of the games. Any
amendments | 25 |
| to this listing must contain an identical sworn statement.
| 26 |
| (2.2) The application shall be signed by the presiding | 27 |
| officer and the
secretary of the applicant organization, | 28 |
| who shall attest under penalties of
perjury that the | 29 |
| information contained in the application is true, correct, | 30 |
| and
complete.
| 31 |
| (3) Each license shall state which day of the week, | 32 |
| hours and
at what
locations the licensee is permitted to | 33 |
| conduct charitable games.
| 34 |
| (4) Each licensee shall file a copy of the license with | 35 |
| each
police
department or, if in unincorporated areas, each | 36 |
| sheriff's office whose
jurisdiction includes the premises |
|
|
|
HB4944 |
- 5 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| on which the charitable games are
authorized under the | 2 |
| license.
| 3 |
| (5) The licensee shall display the license in a | 4 |
| prominent
place in the
area where it is to conduct | 5 |
| charitable games.
| 6 |
| (6) The proceeds from the license fee imposed by this | 7 |
| Act
shall be paid
into the Illinois Gaming Law Enforcement | 8 |
| Fund of the State Treasury.
| 9 |
| (7) Each licensee shall obtain and maintain a bond for | 10 |
| the
benefit of
participants in games conducted by the | 11 |
| licensee to insure payment to the
winners of such games. | 12 |
| Such bond shall be in an amount established by rule
by the | 13 |
| Department of Revenue. In a county with fewer than 60,000
| 14 |
| inhabitants, the Department may waive the bond
requirement | 15 |
| upon a showing by a licensee that it has sufficient funds | 16 |
| on
deposit to insure payment to the winners of such games.
| 17 |
| (8) A license is not assignable or transferable.
| 18 |
| (9) Unless the premises for conducting charitable | 19 |
| games are provided by
a
municipality, the Department shall | 20 |
| not issue a license
permitting a
person, firm
or | 21 |
| corporation to sponsor a charitable games night if the | 22 |
| premises for the
conduct of the charitable games has been | 23 |
| previously used for 8
charitable
games nights during the | 24 |
| previous 12 months.
| 25 |
| (10) Auxiliary organizations of a licensee shall not be
| 26 |
| eligible for a
license to conduct charitable games, except | 27 |
| for auxiliary organizations
of veterans organizations as | 28 |
| authorized in Section 2.
| 29 |
| (11) Charitable games must be conducted in accordance | 30 |
| with
local
building and fire code requirements.
| 31 |
| (12) The licensee shall consent to allowing the | 32 |
| Department's
employees
to be present on the premises | 33 |
| wherein the charitable games are conducted
and to inspect | 34 |
| or test equipment, devices and supplies used in the conduct
| 35 |
| of the game.
| 36 |
| Nothing in this Section shall be construed to prohibit a |
|
|
|
HB4944 |
- 6 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| licensee that
conducts charitable games on its own premises | 2 |
| from also obtaining a
providers' license in accordance with | 3 |
| Section 5.1.
The maximum number of charitable games events that | 4 |
| may be held in any one
premises is limited to 8 charitable | 5 |
| games events per calendar year.
| 6 |
| (Source: P.A. 87-758; 88-563, eff. 1-1-95; 88-669, eff. | 7 |
| 11-29-94.)
| 8 |
| (230 ILCS 30/5) (from Ch. 120, par. 1125)
| 9 |
| Sec. 5. Providers' License. The Department shall issue a | 10 |
| providers'
license permitting a person, firm or corporation to | 11 |
| provide
premises for the conduct of charitable games. No | 12 |
| person, firm or
corporation may rent or otherwise provide | 13 |
| premises without having first
obtained a license therefor upon | 14 |
| written application made, verified and
filed with the | 15 |
| Department in the form prescribed by the rules and
regulations | 16 |
| of the Department. Each providers' license is valid for one | 17 |
| year
from the date of issuance, unless suspended or revoked by | 18 |
| Department action
before
that date. The annual fee for such | 19 |
| providers' license
is $50. A provider may receive reasonable | 20 |
| compensation for the provision
of the premises. The | 21 |
| compensation shall not be based upon a percentage of
the gross | 22 |
| proceeds from the charitable games. A provider, other than a
| 23 |
| municipality, may not provide
the same premises for conducting | 24 |
| more than 8 charitable games nights
per year.
A provider shall | 25 |
| not have any interest in any suppliers' business, either
direct | 26 |
| or indirect.
A municipality may provide the same premises for | 27 |
| conducting 16 charitable
games nights during a 12-month period. | 28 |
| No employee, officer, or owner of a
provider may participate in | 29 |
| the management or operation of a charitable games
event, even | 30 |
| if the employee, officer, or owner is also a member, volunteer, | 31 |
| or
employee of the charitable games licensee. A provider may | 32 |
| not promote or
solicit a charitable games event on behalf of a | 33 |
| charitable games licensee or
qualified organization.
Any | 34 |
| qualified organization licensed to conduct a
charitable game | 35 |
| need not obtain a providers' license if such games are to
be |
|
|
|
HB4944 |
- 7 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| conducted on the organization's premises.
| 2 |
| (Source: P.A. 85-1412; 88-563, eff. 1-1-95; 88-669, eff. | 3 |
| 11-29-94.)
| 4 |
| (230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
| 5 |
| Sec. 5.1. If a licensee conducts charitable games on its | 6 |
| own premises,
the licensee may also obtain a providers' license | 7 |
| in accordance with
Section 5 to allow the licensee to rent or | 8 |
| otherwise provide its
premises to another licensee for the | 9 |
| conducting of an additional 4
charitable games events. The | 10 |
| maximum number of charitable games events that
may be held at | 11 |
| any one premises is limited to 8 charitable games events per
| 12 |
| calendar year.
| 13 |
| (Source: P.A. 87-758; 88-669, eff. 11-29-94.)
| 14 |
| (230 ILCS 30/6) (from Ch. 120, par. 1126)
| 15 |
| Sec. 6. Supplier's license. The Department shall issue a | 16 |
| supplier's
license permitting a person,
firm or corporation to | 17 |
| sell, lease, lend or distribute to any organization
licensed
to | 18 |
| conduct charitable games,
supplies, devices and other | 19 |
| equipment designed for use in the playing of
charitable games.
| 20 |
| No person, firm or corporation shall sell, lease or distribute | 21 |
| charitable
games supplies
or equipment without having first | 22 |
| obtained a license therefor upon written
application made, | 23 |
| verified and filed with the Department in the form prescribed
| 24 |
| by the rules and regulations of the Department. Each supplier's | 25 |
| license is
valid for a period of one year from the date of | 26 |
| issuance, unless suspended or
revoked by Department action | 27 |
| before that date.
The annual fee for such
license is $500. The | 28 |
| Department may require by rule for the provision of
surety | 29 |
| bonds by suppliers. A supplier
shall furnish the Department
| 30 |
| with a list of all products and equipment offered for sale or | 31 |
| lease to any
organization licensed to conduct charitable games, | 32 |
| and all such products
and equipment shall be sold or leased at | 33 |
| the prices on file with the
Department. A supplier shall keep | 34 |
| all such products and equipment
segregated and separate from |
|
|
|
HB4944 |
- 8 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| any other products, materials or equipment that
it might own, | 2 |
| sell or lease.
A supplier must include in its application for a | 3 |
| license the exact
location of the storage of the products, | 4 |
| materials or equipment. A
supplier, as a condition of | 5 |
| licensure, must consent to permitting the
Department's | 6 |
| employees to enter supplier's premises to inspect and test all
| 7 |
| equipment and devices.
A supplier shall keep books and records | 8 |
| for
the furnishing of products and equipment to charitable | 9 |
| games separate and
distinct from any other business the | 10 |
| supplier might operate. All products
and equipment supplied | 11 |
| must be in accord with the Department's rules and
regulations.
| 12 |
| A supplier shall not alter or modify any equipment or supplies, | 13 |
| or possess
any equipment or supplies so altered or modified, so | 14 |
| as to allow the
possessor or operator of the equipment to | 15 |
| obtain a greater chance of
winning a game other than as under | 16 |
| normal rules of play of such games.
The supplier shall not | 17 |
| require an organization to pay a
percentage of the proceeds | 18 |
| from the charitable games for the use of the
products or | 19 |
| equipment. The supplier shall file a quarterly return with the
| 20 |
| Department listing all sales or leases for such quarter and the | 21 |
| gross
proceeds from such
sales or leases. A supplier shall | 22 |
| permanently affix his name to all
charitable games equipment, | 23 |
| supplies and pull tabs. A supplier shall not
have any interest | 24 |
| in any providers' business, either direct or indirect.
If the | 25 |
| supplier leases his equipment for use at an unlicensed | 26 |
| charitable
games or to an unlicensed sponsoring group, all | 27 |
| equipment so leased is
forfeited to the State.
| 28 |
| No person, firm or corporation shall sell, lease or
| 29 |
| distribute for compensation within this State, or possess with | 30 |
| intent to sell, lease or
distribute for compensation within | 31 |
| this State, any chips,
representations of money, wheels or any | 32 |
| devices or
equipment designed for use or used in the play of | 33 |
| charitable games
without first having obtained a license to do | 34 |
| so from the Department of
Revenue. Any person, firm or | 35 |
| corporation which knowingly violates this
paragraph shall be | 36 |
| guilty of a Class A misdemeanor, the fine for which
shall not |
|
|
|
HB4944 |
- 9 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| exceed $50,000.
| 2 |
| Organizations licensed to conduct charitable games may own | 3 |
| their own
equipment. Such organizations must apply to the | 4 |
| Department for an
ownership permit. Any such application must | 5 |
| be accompanied by a $50 fee.
Such organizations shall file an | 6 |
| annual report listing their inventory of
charitable games | 7 |
| equipment. Such organizations may lend such equipment
without | 8 |
| compensation to other licensed organizations without applying | 9 |
| for a
suppliers license.
| 10 |
| No employee, owner, or officer of a supplier may
| 11 |
| participate in the management or operation of a charitable | 12 |
| games event,
even if the employee, owner, or officer is also a | 13 |
| member, volunteer, or
employee of the charitable games | 14 |
| licensee. A supplier may not promote or
solicit a charitable | 15 |
| games event on behalf of a charitable games licensee or
| 16 |
| qualified organization.
| 17 |
| (Source: P.A. 88-669, eff. 11-29-94.)
| 18 |
| (230 ILCS 30/7) (from Ch. 120, par. 1127)
| 19 |
| Sec. 7. Ineligible Persons. The following are ineligible | 20 |
| for any
license under this Act:
| 21 |
| (a) any person who has been convicted of a felony within 10 | 22 |
| years of
the date of the application;
| 23 |
| (b) any person who has been convicted of a violation of | 24 |
| Article 28 of
the Criminal Code of 1961;
| 25 |
| (c) any person who has had a bingo, pull tabs, or | 26 |
| charitable games
license revoked
by the Department;
| 27 |
| (d) any person who is or has been a professional gambler;
| 28 |
| (d-1) any person found gambling in a manner not authorized | 29 |
| by this Act,
participating in such gambling, or knowingly
| 30 |
| permitting such gambling on premises where an authorized | 31 |
| charitable games event
is
being or has been conducted;
| 32 |
| (e) any business or organization in which a person defined | 33 |
| in (a), (b), (c), (d),
or
(d-1)
has a proprietary, equitable, | 34 |
| or credit interest, or in which the person
is active or | 35 |
| employed;
|
|
|
|
HB4944 |
- 10 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| (f) any business or organization in which a person defined
| 2 |
| in (a), (b), (c), (d), or (d-1) is an
officer, director, or | 3 |
| employee, whether compensated or not;
| 4 |
| (g) any organization in which a person defined in (a), (b),
| 5 |
| (c), (d), or (d-1) is to
participate in the management or | 6 |
| operation of charitable games.
| 7 |
| The Department of State Police shall provide the criminal | 8 |
| background of
any person requested by the Department of | 9 |
| Revenue.
| 10 |
| (Source: P.A. 88-669, eff. 11-29-94.)
| 11 |
| (230 ILCS 30/8) (from Ch. 120, par. 1128)
| 12 |
| Sec. 8. The conducting of charitable games is subject to | 13 |
| the following
restrictions:
| 14 |
| (1) The entire net proceeds from charitable games must | 15 |
| be exclusively
devoted to the lawful purposes of the | 16 |
| organization permitted to conduct
that game.
| 17 |
| (2) No person except a bona fide member or employee of | 18 |
| the
sponsoring organization, or a volunteer recruited by | 19 |
| the sponsoring
organization, may participate in the | 20 |
| management or operation of the
game.
A person participates | 21 |
| in the management or operation of a charitable game
when he | 22 |
| or she sells admission tickets at the event; sells, | 23 |
| redeems, or in any
way assists in the selling or redeeming | 24 |
| of chips, scrip, or play money;
participates in the
| 25 |
| conducting of any of the games played during the event, or | 26 |
| supervises, directs
or instructs anyone conducting a game; | 27 |
| or at any time during the hours of the
charitable games | 28 |
| event counts, handles, or supervises anyone counting or
| 29 |
| handling any of the proceeds or chips, scrip, or play money | 30 |
| at the event. A
person who is present to
ensure that the | 31 |
| games are being conducted in conformance with the rules
| 32 |
| established by the licensed organization or is present to | 33 |
| insure that the
equipment is working
properly is considered | 34 |
| to be participating in the management or operation of a
| 35 |
| game. Setting up, cleaning up, selling food and drink, or |
|
|
|
HB4944 |
- 11 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| providing security
for persons or property at the event | 2 |
| does not constitute participation in the
management or | 3 |
| operation of the game.
| 4 |
| Only bona fide members, volunteers as defined in | 5 |
| Section 2 of this Act, and
employees of the sponsoring | 6 |
| organization may participate in the management or
| 7 |
| operation of the games. A person who participates in the | 8 |
| management or
operation
of the games and who is not a bona | 9 |
| fide member, volunteer as defined in
Section 2 of this Act, | 10 |
| or employee of the sponsoring organization, or who
receives | 11 |
| remuneration or other compensation either directly or | 12 |
| indirectly from
any
source for participating in the | 13 |
| management or operation of the games, or who
has | 14 |
| participated in the management or operation of more than 4
| 15 |
| charitable games events in the calendar year, commits a | 16 |
| violation
of this Act. In addition, a licensed organization | 17 |
| that utilizes any person
described in the preceding | 18 |
| sentence
commits a violation of this Act.
| 19 |
| (3) No person may receive any remuneration or | 20 |
| compensation either
directly or
indirectly from any source | 21 |
| for
participating in the management or operation of the | 22 |
| game.
| 23 |
| (4) No single bet at any game may exceed $10.
| 24 |
| (5) A bank shall be established on the premises to | 25 |
| convert currency into
chips, scrip, or other form of play | 26 |
| money which shall then be used to play
at
games of chance | 27 |
| which the participant chooses. Chips, scrip, or play money
| 28 |
| must be monogrammed with the logo of the licensed | 29 |
| organization or of the
supplier. Each participant must be | 30 |
| issued a receipt indicating the amount
of chips, scrip, or | 31 |
| play money purchased.
| 32 |
| (6) At the conclusion of the event or when the | 33 |
| participant leaves, he
may cash in his chips, scrip, or | 34 |
| play money in exchange for currency not to
exceed $250 or | 35 |
| noncash prizes. Each participant shall sign for any receipt
| 36 |
| of prizes. The licensee shall provide the Department of |
|
|
|
HB4944 |
- 12 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| Revenue with a
listing of all prizes awarded.
| 2 |
| (7) Each licensee shall be permitted to conduct | 3 |
| charitable games on
not more than 4 days each year.
| 4 |
| (8) Unless the provider of the premises is a | 5 |
| municipality, the
provider of the premises may not rent or | 6 |
| otherwise provide the
premises for the conducting of more | 7 |
| than 8 charitable games nights per year.
| 8 |
| (9) Charitable games may not be played between the | 9 |
| hours of 2:00 a.m.
and noon.
| 10 |
| (10) No person under the age of 18 years may play or | 11 |
| participate in the
conducting of charitable games. Any | 12 |
| person under the age of 18 years
may be within the area | 13 |
| where charitable games are being played only
when | 14 |
| accompanied by his parent or guardian.
| 15 |
| (11) No one other than the sponsoring organization
of | 16 |
| charitable games must have a proprietary
interest in the | 17 |
| game promoted.
| 18 |
| (12) Raffles or other forms of gambling prohibited by | 19 |
| law shall not be
conducted on the premises where charitable | 20 |
| games are being conducted.
| 21 |
| (13) Such games are not expressly prohibited by county
| 22 |
| ordinance for
charitable games conducted in the | 23 |
| unincorporated areas of the county or
municipal ordinance | 24 |
| for charitable games conducted in the municipality and
the | 25 |
| ordinance is filed with the Department of Revenue. The | 26 |
| Department
shall provide each county or municipality with a | 27 |
| list of organizations
licensed or subsequently authorized | 28 |
| by the Department to conduct
charitable games in their | 29 |
| jurisdiction.
| 30 |
| (14) The sale of tangible personal property at | 31 |
| charitable games is
subject to all State and local taxes | 32 |
| and obligations.
| 33 |
| (15) Each licensee may offer or conduct only the games
| 34 |
| listed
below,
which must be conducted in accordance with
| 35 |
| rules posted by the organization. The organization | 36 |
| sponsoring charitable
games shall promulgate rules, and |
|
|
|
HB4944 |
- 13 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| make printed copies available to
participants, for the | 2 |
| following games: (a) roulette; (b) blackjack; (c)
poker; | 3 |
| (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | 4 |
| (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | 5 |
| chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | 6 |
| merchandise wheel. A licensee need not offer or
conduct | 7 |
| every game permitted by law.
The conducting of games not | 8 |
| listed above is prohibited by this Act.
| 9 |
| (16) No slot machines or coin-in-the-slot-operated | 10 |
| devices
that allow a participant to play games of chance | 11 |
| based upon cards
or dice
shall be permitted to be used at | 12 |
| the location and during the time at which
the charitable | 13 |
| games are being conducted.
| 14 |
| (17) No cards, dice, wheels, or other equipment may be | 15 |
| modified or
altered
so as to give the licensee a greater | 16 |
| advantage in winning, other than as
provided under the | 17 |
| normal rules of play of a particular game.
| 18 |
| (18) No credit shall be extended to any of the | 19 |
| participants.
| 20 |
| (19) No person may participate in the management or | 21 |
| operation of games
at more than 4 charitable games events | 22 |
| in any calendar year.
| 23 |
| (20) A supplier may have only one representative | 24 |
| present at the charitable
games event, for the exclusive | 25 |
| purpose of ensuring that its equipment is not
damaged.
| 26 |
| (21) No employee, owner, or officer of a consultant | 27 |
| service hired by a
licensed organization to perform | 28 |
| services at the event including, but not
limited to, | 29 |
| security for
persons or property at the event or services | 30 |
| before the event including, but
not limited to, training | 31 |
| for volunteers
or advertising may participate in the | 32 |
| management or operation of the games.
| 33 |
| (22) Volunteers as defined in Section 2 of this Act and | 34 |
| bona fide
members
and
employees of a sponsoring | 35 |
| organization may not receive remuneration or
compensation, | 36 |
| either directly or indirectly from any source, for |
|
|
|
HB4944 |
- 14 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| participating
in the management or operation of games. They | 2 |
| may participate in the
management or operation of no more | 3 |
| than 4 charitable games events, either of
the sponsoring | 4 |
| organization or any other licensed organization, during a
| 5 |
| calendar year.
| 6 |
| Nothing in this Section shall be construed to prohibit a | 7 |
| licensee that
conducts charitable games on its own premises | 8 |
| from also obtaining a
providers' license in accordance with | 9 |
| Section 5.1.
| 10 |
| (Source: P.A. 87-758; 87-1271; 88-480; 88-563, eff. 1-1-95; | 11 |
| 88-669, eff.
11-29-94; 88-670, eff. 12-2-94.)
| 12 |
| (230 ILCS 30/10) (from Ch. 120, par. 1130)
| 13 |
| Sec. 10. Each licensee must keep a complete record of | 14 |
| charitable games
conducted
within the previous 3 years. Such | 15 |
| record shall be open to
inspection by
any employee of the | 16 |
| Department of Revenue during reasonable business
hours. Any
| 17 |
| employee of the Department may visit the premises and inspect | 18 |
| such
record
during, and for a reasonable time before and after, | 19 |
| charitable games.
Gross proceeds of charitable games shall be | 20 |
| segregated from other revenues
of the licensee, including bingo | 21 |
| receipts, and shall be placed in a
separate account.
| 22 |
| The Department may require that any person, organization or | 23 |
| corporation
licensed under this Act obtain from an Illinois | 24 |
| certified public accounting
firm at its own expense a certified | 25 |
| and unqualified financial statement
and verification of | 26 |
| records of such organization.
Failure of a charitable games | 27 |
| licensee to comply with this requirement within
90
days of | 28 |
| receiving notice from the Department may
result in suspension | 29 |
| or revocation of the licensee's license and forfeiture
of all | 30 |
| proceeds.
| 31 |
| The Department of Revenue shall
revoke
any license when it | 32 |
| finds that the licensee or any person
connected therewith
has | 33 |
| violated or is violating the provisions of this Act
or any rule | 34 |
| promulgated under this Act. However, in his or her
discretion, | 35 |
| the
Director may review the offenses subjecting the licensee to |
|
|
|
HB4944 |
- 15 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| revocation and
may issue a suspension. The decision to reduce a | 2 |
| revocation to a suspension,
and
the duration of the suspension, | 3 |
| shall be made by taking into account factors
that include, but | 4 |
| are not limited to, the licensee's previous history of
| 5 |
| compliance with
the Act and its rules, the number, seriousness, | 6 |
| and duration of the
violations,
and the licensee's cooperation | 7 |
| in discontinuing and correcting the violations.
Violations of | 8 |
| Sections 4, 5, 6, 7, and subsection (2) of Section 8 of this | 9 |
| Act
are considered to be more serious in nature than other | 10 |
| violations under this
Act. A
revocation or suspension shall be | 11 |
| in addition to, and not in lieu of, any other
civil penalties | 12 |
| or assessments that are authorized by this Act. No licensee
| 13 |
| under
this Act, while a charitable game is being conducted, | 14 |
| shall knowingly permit
the entry into any part of the licensed | 15 |
| premises by any person
who has been convicted of a violation of
| 16 |
| Article 28 of the Criminal Code of 1961.
| 17 |
| (Source: P.A. 88-669, eff. 11-29-94.)
| 18 |
| (230 ILCS 30/11) (from Ch. 120, par. 1131)
| 19 |
| Sec. 11. Any organization which conducts charitable games | 20 |
| without
first obtaining
a license to do so, or which continues | 21 |
| to conduct such games after revocation
of its charitable games | 22 |
| license, or any organization licensed to conduct
charitable | 23 |
| games which
allows any form of illegal gambling to be conducted | 24 |
| on the premises where
charitable games are being conducted | 25 |
| shall, in addition to other penalties
provided,
be subject to a | 26 |
| civil penalty equal to the amount of gross proceeds derived
on | 27 |
| that day from charitable games and any other illegal game that | 28 |
| may have been
conducted as well as confiscation and forfeiture | 29 |
| of the gross proceeds
derived from such games and any other | 30 |
| illegal
games and confiscation and forfeiture of all charitable | 31 |
| games equipment
used in the conduct of unlicensed games.
| 32 |
| Any person who violates any provision of this Act or | 33 |
| knowingly violates
any rule of the Department for the | 34 |
| administration of this Act, shall, in
addition to other | 35 |
| penalties provided, be subject to a civil penalty in the
amount |
|
|
|
HB4944 |
- 16 - |
LRB094 17381 EFG 52676 b |
|
| 1 |
| of $250 for each separate violation. Persons subject to this | 2 |
| provision
include, but are not limited to, sponsoring | 3 |
| organizations, volunteers, any
licensee under this Act, or any | 4 |
| other person or organization.
| 5 |
| (Source: P.A. 88-669, eff. 11-29-94.)
| 6 |
| (230 ILCS 30/12) (from Ch. 120, par. 1132)
| 7 |
| Sec. 12. Any person who conducts or knowingly participates | 8 |
| in an
unlicensed charitable game commits the offense of | 9 |
| gambling in violation of
Section 28-1 of the Criminal Code of | 10 |
| 1961, as amended. Any person who
violates any provision of this | 11 |
| Act, or any person who fails to file a
charitable games return | 12 |
| or who
files a fraudulent return
or application under this Act, | 13 |
| or any person who knowingly
violates any rule or regulation of | 14 |
| the Department for the
administration
and enforcement of this | 15 |
| Act, or any officer or agent of an organization
or a | 16 |
| corporation
licensed under this Act who signs a fraudulent | 17 |
| return or application filed
on behalf of
such an organization | 18 |
| or corporation, is guilty of a Class
A misdemeanor. Any second | 19 |
| or subsequent violation of this Act constitutes
a Class 4 | 20 |
| felony.
| 21 |
| (Source: P.A. 88-669, eff. 11-29-94.)
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
|
|