(230 ILCS 40/5)
Sec. 5. Definitions. As used in this Act:
"Board" means the Illinois Gaming Board.
"Credit" means one, 5, 10, or 25 cents either won or purchased by a player.
"Distributor" means an individual, partnership, corporation, or limited liability company licensed under
this Act to buy, sell, lease, or distribute video gaming terminals or major
components or parts of video gaming terminals to or from terminal
operators.
"Electronic card" means a card purchased from a licensed establishment, licensed fraternal establishment, licensed veterans establishment, licensed truck stop establishment, or licensed large truck stop establishment for use in that establishment as a substitute for cash in the conduct of gaming on a video gaming terminal. "Electronic voucher" means a voucher printed by an electronic video game machine that is redeemable in the licensed establishment for which it was issued. "In-location bonus jackpot" means one or more video gaming terminals at a single licensed establishment that allows for wagers placed on such video gaming terminals to contribute to a cumulative maximum jackpot of up to $10,000. "Terminal operator" means an individual, partnership, corporation, or limited liability company that is
licensed under this Act and that owns, services, and maintains video
gaming terminals for placement in licensed establishments, licensed truck stop establishments, licensed large truck stop establishments, licensed fraternal
establishments, or licensed veterans establishments.
"Licensed technician" means an individual
who
is licensed under this Act to repair,
service, and maintain
video gaming terminals.
"Licensed terminal handler" means a person, including but not limited to an employee or independent contractor working for a manufacturer, distributor, supplier, technician, or terminal operator, who is licensed under this Act to possess or control a video gaming terminal or to have access to the inner workings of a video gaming terminal. A licensed terminal handler does not include an individual, partnership, corporation, or limited liability company defined as a manufacturer, distributor, supplier, technician, or terminal operator under this Act. "Manufacturer" means an individual, partnership, corporation, or limited liability company that is
licensed under this Act and that manufactures or assembles video gaming
terminals.
"Supplier" means an individual, partnership, corporation, or limited liability company that is
licensed under this Act to supply major components or parts to video gaming
terminals to licensed
terminal operators.
"Net terminal income" means money put into a video gaming terminal minus
credits paid out to players.
"Video gaming terminal" means any electronic video game machine
that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of
a video game, including but not limited to video poker, line up, and blackjack, as
authorized by the Board utilizing a video display and microprocessors in
which the player may receive free games or credits that can be
redeemed for cash. The term does not include a machine that directly
dispenses coins, cash, or tokens or is for amusement purposes only.
"Licensed establishment" means any licensed retail establishment where
alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption
on the premises, whether the establishment operates on a nonprofit or for-profit basis. "Licensed establishment" includes any such establishment that has a contractual relationship with an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975, provided any contractual relationship shall not include any transfer or offer of revenue from the operation of video gaming under this Act to any licensee licensed under the Illinois Horse Racing Act of 1975. Provided, however, that the licensed establishment that has such a contractual relationship with an inter-track wagering location licensee may not, itself, be (i) an inter-track wagering location licensee, (ii) the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975, or (iii) the corporate subsidiary of a corporation that is also the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975. "Licensed establishment" does not include a facility operated by an organization licensee, an inter-track wagering licensee, or an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975 or a riverboat licensed under the Illinois Gambling Act, except as provided in this paragraph. The changes made to this definition by Public Act 98-587 are declarative of existing law.
"Licensed fraternal establishment" means the location where a qualified
fraternal organization that derives its charter from a national fraternal
organization regularly meets.
"Licensed veterans establishment" means the location where a qualified
veterans organization that derives its charter from a national veterans
organization regularly meets.
"Licensed truck stop establishment" means a facility (i) that is at least a
3-acre facility with a convenience store, (ii) with separate diesel
islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial
motor vehicles. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code. The requirement of item (iii) of this paragraph may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month.
"Licensed large truck stop establishment" means a facility located within 3 road miles from a freeway interchange, as measured in accordance with the Department of Transportation's rules regarding the criteria for the installation of business signs: (i) that is at least a
3-acre facility with a convenience store, (ii) with separate diesel
islands for fueling commercial motor vehicles, (iii) that sells at retail more than 50,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial
motor vehicles. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code. The requirement of item (iii) of this paragraph may be met by showing that estimated future sales or past sales average at least 50,000 gallons per month. "Sales agent and broker" means an individual, partnership, corporation, limited liability company, or other business entity engaged in the solicitation or receipt of business from current or potential licensed establishments, licensed fraternal establishments, licensed veterans establishments, licensed truck stop establishments, or licensed large truck stop establishments either on an employment or contractual basis. (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
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(230 ILCS 40/15)
Sec. 15. Minimum requirements for
licensing and registration. Every video gaming terminal offered for
play shall first be
tested and approved pursuant to the rules of the Board, and
each video gaming terminal offered in this State for play shall conform to an
approved
model. For the examination of video gaming machines and associated equipment as required by this Section, the Board shall utilize the services of independent outside testing laboratories that have been accredited in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement signifying they are qualified to perform such examinations. Notwithstanding any law to the contrary, the Board shall consider the licensing of independent outside testing laboratory applicants in accordance with procedures established by the Board by rule. The Board shall not withhold its approval of an independent outside testing laboratory license applicant that has been accredited as required by this Section and is licensed in gaming jurisdictions comparable to Illinois. Upon the finalization of required rules, the Board shall license independent testing laboratories and accept the test reports of any licensed testing laboratory of the video gaming machine's or associated equipment manufacturer's choice, notwithstanding the existence of contracts between the Board and any independent testing laboratory. Every video gaming terminal offered in this State for play must meet minimum standards approved by the Board. Each approved model shall, at a minimum, meet the following
criteria:
(1) It must conform to all requirements of federal |
| law and regulations, including FCC Class A Emissions Standards.
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(2) It must theoretically pay out a mathematically
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| demonstrable percentage during the expected lifetime of the machine of all amounts played, which must not be less than 80%. The Board shall establish a maximum payout percentage for approved models by rule. Video gaming terminals that may be affected by skill must meet this standard when using a method of play that will provide the greatest return to the player over a period of continuous play.
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(3) It must use a random selection process to
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| determine the outcome of each play of a game. The random selection process must meet 99% confidence limits using a standard chi-squared test for (randomness) goodness of fit.
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(4) It must display an accurate representation of the
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(5) It must not automatically alter pay tables or any
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| function of the video gaming terminal based on internal computation of hold percentage or have any means of manipulation that affects the random selection process or probabilities of winning a game.
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(6) It must not be adversely affected by static
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| discharge or other electromagnetic interference.
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(7) It must be capable of detecting and displaying
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| the following conditions during idle states or on demand: power reset; door open; and door just closed.
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(8) It must have the capacity to display complete
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| play history (outcome, intermediate play steps, credits available, bets placed, credits paid, and credits cashed out) for the most recent game played and 10 games prior thereto.
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(9) The theoretical payback percentage of a video
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| gaming terminal must not be capable of being changed without making a hardware or software change in the video gaming terminal, either on site or via the central communications system.
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(10) Video gaming terminals must be designed so that
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| replacement of parts or modules required for normal maintenance does not necessitate replacement of the electromechanical meters.
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(11) It must have nonresettable meters housed in a
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| locked area of the terminal that keep a permanent record of all cash inserted into the machine, all winnings made by the terminal printer, credits played in for video gaming terminals, and credits won by video gaming players. The video gaming terminal must provide the means for on-demand display of stored information as determined by the Board.
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(12) Electronically stored meter information required
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| by this Section must be preserved for a minimum of 180 days after a power loss to the service.
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(13) It must have one or more mechanisms that accept
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| cash in the form of bills. The mechanisms shall be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means. If such attempts at physical tampering are made, the video gaming terminal shall suspend itself from operating until reset.
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(14) It shall have accounting software that keeps an
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| electronic record which includes, but is not limited to, the following: total cash inserted into the video gaming terminal; the value of winning tickets claimed by players; the total credits played; the total credits awarded by a video gaming terminal; and pay back percentage credited to players of each video game.
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(15) It shall be linked by a central communications
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| system to provide auditing program information as approved by the Board. The central communications system shall use a standard industry protocol, as defined by the Gaming Standards Association, and shall have the functionality to enable the Board or its designee to activate or deactivate individual gaming devices from the central communications system. In no event may the communications system approved by the Board limit participation to only one manufacturer of video gaming terminals by either the cost in implementing the necessary program modifications to communicate or the inability to communicate with the central communications system.
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(16) The Board, in its discretion, may require video
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| gaming terminals to display Amber Alert messages if the Board makes a finding that it would be economically and technically feasible and pose no risk to the integrity and security of the central communications system and video gaming terminals.
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Licensed terminal handlers shall have access to video gaming terminals, including, but not limited to, logic door access, without the physical presence or supervision of the Board or its agent to perform, in coordination with and with project approval from the central communication system provider:
(i) the clearing of the random access memory and
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| reprogramming of the video gaming terminal;
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(ii) the installation of new video gaming terminal
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| software and software upgrades that have been approved by the Board;
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(iii) the placement, connection to the central
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| communication system, and go-live operation of video gaming terminals at a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment;
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(iv) the repair and maintenance of a video gaming
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| terminal located at a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment, including, but not limited to, the replacement of the video gaming terminal with a new video gaming terminal;
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(v) the temporary movement, disconnection,
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| replacement, and reconnection of video gaming terminals to allow for physical improvements and repairs at a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment, such as replacement of flooring, interior repairs, and other similar activities; and
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(vi) such other functions as the Board may otherwise
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The Board shall, at a licensed terminal operator's expense, cause all keys and other required devices to be provided to a terminal operator necessary to allow the licensed terminal handler access to the logic door to the terminal operator's video gaming terminals.
The Board may adopt rules to establish additional criteria to preserve the integrity and security of video gaming in this State. The central communications system vendor may be licensed as a video gaming terminal manufacturer or a video gaming terminal distributor, or both, but in no event shall the central communications system vendor be licensed as a video gaming terminal operator.
The Board shall not permit the development of information or the use by any licensee of gaming device or individual game performance data. Nothing in this Act shall inhibit or prohibit the Board from the use of gaming device or individual game performance data in its regulatory duties. The Board shall adopt rules to ensure that all licensees are treated and all licensees act in a non-discriminatory manner and develop processes and penalties to enforce those rules.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 40/25)
Sec. 25. Restriction of licensees.
(a) Manufacturer. A person may not be licensed as a manufacturer of a
video gaming terminal in Illinois unless the person has a valid
manufacturer's license issued
under this Act. A manufacturer may only sell video gaming terminals for use
in Illinois to
persons having a valid distributor's license.
(b) Distributor. A person may not sell, distribute, or lease
or market a video gaming terminal in Illinois unless the person has a valid
distributor's
license issued under this Act. A distributor may only sell video gaming
terminals for use in
Illinois to persons having a valid distributor's or terminal operator's
license.
(c) Terminal operator. A person may not own, maintain, or place a video gaming terminal unless he has a valid terminal operator's
license issued
under this Act. A terminal operator may only place video gaming terminals for
use in
Illinois in licensed establishments, licensed truck stop establishments, licensed large truck stop establishments, licensed fraternal establishments,
and
licensed veterans establishments.
No terminal operator may give anything of value, including but not limited to
a loan or financing arrangement, to a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed veterans establishment as
any incentive or inducement to locate video terminals in that establishment.
Of the after-tax profits
from a video gaming terminal, 50% shall be paid to the terminal
operator and 50% shall be paid to the licensed establishment, licensed truck stop establishment, licensed large truck stop establishment,
licensed fraternal establishment, or
licensed veterans establishment, notwithstanding any agreement to the contrary.
A video terminal operator that violates one or more requirements of this subsection is guilty of a Class 4 felony and is subject to termination of his or her license by the Board.
(d) Licensed technician. A person may not service, maintain, or repair a
video gaming terminal
in this State unless he or she (1) has a valid technician's license issued
under this Act, (2) is a terminal operator, or (3) is employed by a terminal
operator, distributor, or manufacturer.
(d-5) Licensed terminal handler. No person, including, but not limited to, an employee or independent contractor working for a manufacturer, distributor, supplier, technician, or terminal operator licensed pursuant to this Act, shall have possession or control of a video gaming terminal, or access to the inner workings of a video gaming terminal, unless that person possesses a valid terminal handler's license issued under this Act. (d-10) Solicitation of use agreements. A person may not solicit the signing of a use agreement on behalf of a terminal operator or enter into a use agreement as agent of a terminal operator unless that person either has a valid sales agent and broker license issued under this Act or owns, manages, or significantly influences or controls the terminal operator. (e) Licensed establishment. No video gaming terminal may be placed in any licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment,
or licensed fraternal establishment
unless the owner
or agent of the owner of the licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed
fraternal establishment has entered into a
written use agreement with the terminal operator for placement of the
terminals. A copy of the use agreement shall be on file in the terminal
operator's place of business and available for inspection by individuals
authorized by the Board. A licensed establishment, licensed truck stop establishment, licensed veterans establishment,
or
licensed
fraternal
establishment may operate up to 6 video gaming terminals on its premises at any
time. A licensed large truck stop establishment may operate up to 10 video gaming terminals on its premises at any time.
(f) (Blank).
(g) Financial interest restrictions.
As used in this Act, "substantial interest" in a partnership, a corporation, an
organization, an association, a business, or a limited liability company means:
(A) When, with respect to a sole proprietorship, an |
| individual or his or her spouse owns, operates, manages, or conducts, directly or indirectly, the organization, association, or business, or any part thereof; or
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(B) When, with respect to a partnership, the
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| individual or his or her spouse shares in any of the profits, or potential profits, of the partnership activities; or
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(C) When, with respect to a corporation, an
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| individual or his or her spouse is an officer or director, or the individual or his or her spouse is a holder, directly or beneficially, of 5% or more of any class of stock of the corporation; or
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(D) When, with respect to an organization not covered
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| in (A), (B) or (C) above, an individual or his or her spouse is an officer or manages the business affairs, or the individual or his or her spouse is the owner of or otherwise controls 10% or more of the assets of the organization; or
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(E) When an individual or his or her spouse furnishes
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| 5% or more of the capital, whether in cash, goods, or services, for the operation of any business, association, or organization during any calendar year; or
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(F) When, with respect to a limited liability
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| company, an individual or his or her spouse is a member, or the individual or his or her spouse is a holder, directly or beneficially, of 5% or more of the membership interest of the limited liability company.
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For purposes of this subsection (g), "individual" includes all individuals or their spouses whose combined interest would qualify as a substantial interest under this subsection (g) and whose activities with respect to an organization, association, or business are so closely aligned or coordinated as to constitute the activities of a single entity.
(h) Location restriction. A licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed
fraternal
establishment, or licensed veterans establishment that is (i) located within 1,000
feet of a facility operated by an organization licensee licensed under the Illinois Horse Racing Act of 1975 or the home dock of a riverboat licensed under the Illinois
Gambling Act or (ii) located within 100 feet of a school or a place of worship under the Religious Corporation Act, is ineligible to operate a video gaming terminal. The location restrictions in this subsection (h) do not apply if (A) a facility operated by an organization licensee, a school, or a place of worship moves to or is established within the restricted area after a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment becomes licensed under this Act or (B) a school or place of worship moves to or is established within the restricted area after a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment obtains its original liquor license. For the purpose of this subsection, "school" means an elementary or secondary public school, or an elementary or secondary private school registered with or recognized by the State Board of Education.
Notwithstanding the provisions of this subsection (h), the Board may waive the requirement that a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment not be located within 1,000 feet from a facility operated by an organization licensee licensed under the Illinois Horse Racing Act of 1975 or the home dock of a riverboat licensed under the Illinois Gambling Act. The Board shall not grant such waiver if there is any common ownership or control, shared business activity, or contractual arrangement of any type between the establishment and the organization licensee or owners licensee of a riverboat. The Board shall adopt rules to implement the provisions of this paragraph.
(h-5) Restrictions on licenses in malls. The Board shall not grant an application to become a licensed video gaming location if the Board determines that granting the application would more likely than not cause a terminal operator, individually or in combination with other terminal operators, licensed video gaming location, or other person or entity, to operate the video gaming terminals in 2 or more licensed video gaming locations as a single video gaming operation.
(1) In making determinations under this
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| subsection (h-5), factors to be considered by the Board shall include, but not be limited to, the following:
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(A) the physical aspects of the location;
(B) the ownership, control, or management of
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(C) any arrangements, understandings, or
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| agreements, written or otherwise, among or involving any persons or entities that involve the conducting of any video gaming business or the sharing of costs or revenues; and
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(D) the manner in which any terminal operator
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| or other related entity markets, advertises, or otherwise describes any location or locations to any other person or entity or to the public.
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(2) The Board shall presume, subject to rebuttal,
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| that the granting of an application to become a licensed video gaming location within a mall will cause a terminal operator, individually or in combination with other persons or entities, to operate the video gaming terminals in 2 or more licensed video gaming locations as a single video gaming operation if the Board determines that granting the license would create a local concentration of licensed video gaming locations.
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For the purposes of this subsection (h-5):
"Mall" means a building, or adjoining or connected buildings, containing 4 or more separate locations.
"Video gaming operation" means the conducting of video gaming and all related activities.
"Location" means a space within a mall containing a separate business, a place for a separate business, or a place subject to a separate leasing arrangement by the mall owner.
"Licensed video gaming location" means a licensed establishment, licensed fraternal establishment, licensed veterans establishment, licensed truck stop establishment, or licensed large truck stop.
"Local concentration of licensed video gaming locations" means that the combined number of licensed video gaming locations within a mall exceed half of the separate locations within the mall.
(i) Undue economic concentration. In addition to considering all other requirements under this Act, in deciding whether to approve the operation of video gaming terminals by a terminal operator in a location, the Board shall consider the impact of any economic concentration of such operation of video gaming terminals. The Board shall not allow a terminal operator to operate video gaming terminals if the Board determines such operation will result in undue economic concentration. For purposes of this Section, "undue economic concentration" means that a terminal operator would have such actual or potential influence over video gaming terminals in Illinois as to:
(1) substantially impede or suppress competition
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| among terminal operators;
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(2) adversely impact the economic stability of the
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| video gaming industry in Illinois; or
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(3) negatively impact the purposes of the Video
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The Board shall adopt rules concerning undue economic concentration with respect to the operation of video gaming terminals in Illinois. The rules shall include, but not be limited to, (i) limitations on the number of video gaming terminals operated by any terminal operator within a defined geographic radius and (ii) guidelines on the discontinuation of operation of any such video gaming terminals the Board determines will cause undue economic concentration.
(j) The provisions of the Illinois Antitrust Act are fully and equally applicable to the activities of any licensee under this Act.
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
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(230 ILCS 40/30)
Sec. 30. Multiple types of licenses prohibited. A video gaming
terminal
manufacturer may not be licensed as a video gaming terminal
operator or own, manage, or control a licensed
establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans
establishment, and shall be licensed to sell only to persons having a valid distributor's license or, if the manufacturer also holds a valid distributor's license, to sell, distribute, lease, or market to persons having a valid terminal operator's license. A video
gaming terminal distributor may not be licensed as a
video gaming terminal operator or own, manage, or
control a
licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed
veterans
establishment, and shall only contract with a licensed terminal
operator. A video gaming terminal operator may not be licensed as
a video
gaming terminal manufacturer or distributor or own, manage, or control a
licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed
veterans
establishment, and shall be licensed only to contract with licensed
distributors and licensed establishments, licensed truck stop establishments, licensed large truck stop establishments,
licensed fraternal
establishments,
and licensed veterans establishments. An owner or manager of a
licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal
establishment, or licensed
veterans
establishment may not be licensed as a video gaming terminal
manufacturer, distributor, or operator, and shall only contract with a
licensed operator to place and service this equipment. A sales agent and broker may not be licensed as a manufacturer, distributor, supplier, licensed establishment, licensed fraternal establishment, licensed veterans establishment, licensed truck stop establishment, or licensed large truck stop establishment.
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.) |
(230 ILCS 40/45)
Sec. 45. Issuance of license.
(a) The burden is upon each applicant to
demonstrate his suitability for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, handler, licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed
fraternal
establishment, and licensed veterans establishment shall be
licensed by the Board.
The Board may issue or deny a license under this Act to any person pursuant to the same criteria set forth in Section 9 of the Illinois Gambling Act.
(a-5) The Board shall not grant a license to a person who has facilitated, enabled, or participated in the use of coin-operated devices for gambling purposes or who is under the significant influence or control of such a person. For the purposes of this Act, "facilitated, enabled, or participated in the use of coin-operated amusement devices for gambling purposes" means that the person has been convicted of any violation of Article 28 of the Criminal Code of 1961 or the Criminal Code of 2012. If there is pending legal action against a person for any such violation, then the Board shall delay the licensure of that person until the legal action is resolved. (b) Each person seeking and possessing a license as a video gaming terminal manufacturer, distributor, supplier, operator, handler, licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment shall submit to a background investigation conducted by the Board with the assistance of the Illinois State Police or other law enforcement. To the extent that the corporate structure of the applicant allows, the background investigation shall include any or all of the following as the Board deems appropriate or as provided by rule for each category of licensure: (i) each beneficiary of a trust, (ii) each partner of a partnership, (iii) each member of a limited liability company, (iv) each director and officer of a publicly or non-publicly held corporation, (v) each stockholder of a non-publicly held corporation, (vi) each stockholder of 5% or more of a publicly held corporation, or (vii) each stockholder of 5% or more in a parent or subsidiary corporation. (c) Each person seeking and possessing a license as a video gaming terminal manufacturer, distributor, supplier, operator, handler, licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment shall disclose the identity of every person, association, trust, corporation, or limited liability company having a greater than 1% direct or indirect pecuniary interest in the video gaming terminal operation for which the license is sought. If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; if a corporation, the names and addresses of all stockholders and directors; if a limited liability company, the names and addresses of all members; or if a partnership, the names and addresses of all partners, both general and limited. (d) No person may be licensed as a video gaming terminal manufacturer, distributor, supplier, operator, handler, licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment if that person has been found by the Board to: (1) have a background, including a criminal record, |
| reputation, habits, social or business associations, or prior activities that pose a threat to the public interests of the State or to the security and integrity of video gaming;
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(2) create or enhance the dangers of unsuitable,
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| unfair, or illegal practices, methods, and activities in the conduct of video gaming; or
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(3) present questionable business practices and
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| financial arrangements incidental to the conduct of video gaming activities.
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(e) Any applicant for any license under this Act has the burden of proving his or her qualifications to the satisfaction of the Board. The Board may adopt rules to establish additional qualifications and requirements to preserve the integrity and security of video gaming in this State.
(f) A non-refundable application fee shall be paid at the time an
application for a license is filed with the Board in the following amounts:
(1) Manufacturer................................$5,000
(2) Distributor.................................$5,000
(3) Terminal operator...........................$5,000
(4) Supplier....................................$2,500
(5) Technician....................................$100
(6) Terminal Handler..............................$100
(7) Licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed
veterans establishment................................$100
(8) Sales agent and broker........................$100
(g) The Board shall establish an
annual fee for each license not to exceed the following:
(1) Manufacturer...............................$10,000
(2) Distributor................................$10,000
(3) Terminal operator...........................$5,000
(4) Supplier....................................$2,000
(5) Technician....................................$100
(6) Licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed
veterans establishment................................$100
(7) Video gaming terminal.........................$100
(8) Terminal Handler.............................$100
(9) Sales agent and broker........................$100
(h) A terminal operator and a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment,
or licensed veterans establishment shall equally split the fees specified in item (7) of subsection (g).
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21; 102-689, eff. 12-17-21.)
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(230 ILCS 40/90) Sec. 90. Regulation by State. (a) The licensure, registration, and regulation of manufacturers, distributors, terminal operators, licensed technicians, licensed terminal handlers, licensed establishments, licensed veterans establishments, licensed truck stop establishments, licensed large truck stop establishments, and licensed fraternal establishments under this Act, and the imposition of fees and other charges under this Act in connection with such licensure, registration, and regulation, are powers and functions of the State. No non-home rule unit may license, register, or otherwise regulate, or impose any type of fee or any other charge upon, a manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment. (b) The licensure, registration, and regulation of video gaming terminals under this Act are powers and functions of the State. No non-home rule unit may license, register, or otherwise regulate video gaming terminals. (c) No home rule municipality or non-home rule unit may impose any type of tax upon a: (i) manufacturer, distributor, terminal operator, licensed technician, licensed terminal handler, licensed establishment, licensed veterans establishment, licensed truck stop establishment, licensed large truck stop establishment, or licensed fraternal establishment or their respective authorized activities under this Act; (ii) video gaming terminal; (iii) user or player of any video gaming terminals; or (iv) other use, play, or operation of video gaming terminals authorized under this Act by any person or entity. This subsection (c) is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. (d) Any home rule municipality that has adopted an ordinance imposing an amusement tax on persons who participate in the playing of video gaming terminals before November 1, 2021 may continue to impose such amusement tax pursuant to such ordinance but shall not increase, expand, or extend the tax or tax rate on such persons participating in playing video gaming terminals in excess of that tax or rate set forth in such ordinance and shall not otherwise impose any other tax upon any entity or person identified in subsection (c). This subsection (d) is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-689, eff. 12-17-21.) |