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90_HB0837
New Act
20 ILCS 301/20-20
30 ILCS 105/5.449 new
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
Creates the Video Gaming Act. Provides that the Illinois
Department of Revenue shall be responsible for administration
and enforcement of laws relating to video gaming terminals.
Amends the Alcoholism and Other Drug Abuse and Dependency Act
to create a program for education, training, and research
concerning the problem of compulsive gambling. Amends the
Gambling Article of the Criminal Code to make corresponding
changes. Effective January 1, 1998.
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1 AN ACT in relation to games of chance, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Video Gaming Act.
7 Section 5. Definitions. As used in this Act:
8 "Credit" means 5, 10 or 25 cents either won or purchased
9 by a player.
10 "Department" means the Illinois Department of Revenue.
11 "Distributor" means an individual, partnership or
12 corporation licensed under this Act to buy, sell, lease, or
13 distribute video gaming terminals to terminal operators.
14 "Terminal operator" means an individual, partnership or
15 corporation that is licensed under this Act and that owns,
16 services, and maintains video gaming terminals for placement
17 in licensed establishments.
18 "Manufacturer" means an individual, partnership, or
19 corporation that is licensed under this Act and that
20 manufactures or assembles video gaming terminals.
21 "Net terminal income" means money put into a video gaming
22 terminal minus credits paid out to players.
23 "Video gaming terminal" means any electronic video game
24 machine that, upon insertion of cash, is available to play or
25 simulate the play of a video game, including but not limited
26 to video poker, keno, and blackjack, authorized by the
27 Department utilizing a video display and microprocessors in
28 which the player may receive free games or credits that can
29 be redeemed for cash. The term does not include a machine
30 that directly dispenses coins, cash, or tokens.
31 "Licensed establishment" means: (i) the location where a
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1 qualified fraternal organization or a qualified veterans
2 organization under the Charitable Games Act, that derives its
3 charter from a national fraternal or veterans organization,
4 and that has received a charitable games license from the
5 Illinois Department of Revenue for the conduct of charitable
6 games is licensed to conduct those charitable games (ii) any
7 licensed retail establishment where alcoholic liquor is
8 drawn, poured, mixed or otherwise served for consumption on
9 the premises; and (iii) any racing facility at which
10 pari-mutuel wagering is conducted under the Illinois Horse
11 Racing Act of 1975 and any location at which pari-mutuel
12 wagering is conducted by an inter-track wagering location
13 licensee under the Illinois Horse Racing Act of 1975.
14 Section 10. Licensing and registration. Every
15 individual, corporation, contractor, subcontractor, or
16 partnership offering a licensee goods or services on a
17 regular basis that directly relate to the manufacture,
18 modification, distribution, sale, operation, maintenance, or
19 security of video gaming terminals shall be licensed and
20 registered pursuant to rules of the Department.
21 Section 15. Minimum requirements for licensing and
22 registration. Every video gaming terminal offered for play
23 shall first be tested and approved pursuant to the rules of
24 the Department, and each video gaming terminal offered in
25 this State for play shall conform to an approved model. The
26 Department may contract with an independent outside vendor
27 for the examination of video gaming machines and associated
28 equipment as required by this Section. Each approved model
29 shall, at a minimum, meet the following criteria:
30 (1) It must conform to all requirements of federal
31 law and regulations, including FCC Class A Emissions
32 Standards.
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1 (2) It must theoretically pay out a mathematically
2 demonstrable percentage of all amounts played, which must
3 not be less than 80%. Video gaming terminals that may be
4 affected by skill must meet this standard when using a
5 method of play that will provide the greatest return to
6 the player over a period of continuous play.
7 (3) It must use a random selection process to
8 determine the outcome of each play of a game. The random
9 selection process must meet 99% confidence limits using a
10 standard chi-squared test for (randomness) goodness of
11 fit.
12 (4) It must display an accurate representation of
13 the game outcome.
14 (5) It must not automatically alter pay tables or
15 any function of the video gaming terminal based on
16 internal computation of hold percentage.
17 (6) It must exhibit total immunity to human body
18 electrostatic discharges on all player-exposed areas.
19 (7) The random number generator and random
20 selection process must be impervious to influences from
21 outside the video gaming terminal and must use
22 appropriate communication protocols to protect the random
23 number generator and random selection process from
24 influence by affiliated equipment, such as the central
25 site monitoring equipment.
26 (8) It must be capable of detecting and displaying
27 the following conditions during idle states or on demand:
28 power reset; door open; and door just closed.
29 (9) The program residing in the video gaming
30 terminal must be contained in a storage medium that is
31 not alterable through any use of the circuitry or
32 programming of the video gaming terminal itself.
33 (10) It must have the capacity to display complete
34 play history (outcome, intermediate play steps, credits
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1 available, bets placed, credits paid and credits cashed
2 out) for the most recent game played and one game prior
3 thereto.
4 (11) The control program must check for any
5 corruption of random access memory locations used for
6 crucial video gaming terminal functions including, but
7 not limited to, information pertaining to the play and
8 final outcome of the 2 prior games, random number
9 generator outcome, credits available for play, and any
10 error states. These memory areas must be checked for
11 corruption following game initiation but prior to display
12 of the game outcome to the player. Detection of any
13 uncorrectable corruption shall be deemed to be a game
14 malfunction and must result in a tilt condition.
15 (12) The theoretical payback percentage of a video
16 gaming terminal must not be capable of being changed
17 without making a hardware or software change in the video
18 gaming terminal.
19 (13) Video gaming terminals must be designed so
20 that replacement of parts or modules required for normal
21 maintenance does not necessitate replacement of the
22 electromechanical meters.
23 (14) Video gaming terminals must have an
24 electronically stored digital meter of at least 3 digits
25 for the number of plays since power on and the number of
26 plays since door closure. When the maximum value has
27 been reached, the meters must remain at that value until
28 reset by occurrence of the appropriate event. The video
29 gaming terminal must provide the means for on-demand
30 display of the stored information.
31 (15) Electronically stored meter information
32 required by this Section must be preserved for a minimum
33 of 72 hours after a power loss to the service.
34 (16) Collectible credits may be accumulated from
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1 wins or from approved currency acceptors. Collectible
2 credits may be accumulated directly from coin or bill
3 acceptance if the video gaming terminal uses a coin or
4 bill acceptor.
5 (17) It shall have accounting software that keeps
6 an electronic record that includes, but is not limited
7 to, the following: total cash inserted into the video
8 gaming terminal; the value of winning tickets claimed by
9 players; the total credits played; and the total credits
10 awarded by a video gaming terminal.
11 (18) It shall be linked under a central
12 communications system on a "dial-up" basis to provide
13 auditing program information as approved by the
14 Department. In no event may the communications system
15 approved by the Department limit participation to only
16 one manufacturer of video gaming terminals by either the
17 cost in implementing the necessary program modifications
18 to communicate or the inability to communicate with the
19 central communications system.
20 Section 20. Direct dispensing of receipt tickets only.
21 A video gaming terminal may not directly dispense coins,
22 cash, tokens, or any other article of exchange or value
23 except for receipt tickets or other products approved by the
24 Department. Tickets shall be dispensed by pressing the
25 ticket dispensing button on the video gaming terminal at the
26 end of one's turn or play. The ticket shall indicate the
27 total amount of credits and the cash award, and the player
28 shall turn in this ticket to the appropriate person at the
29 licensed establishment to receive the cash award. The cost
30 of the credit shall be 5 cents, 10 cents, or 25 cents, and
31 the maximum wager played per game shall not exceed $2. No
32 cash award for the maximum wager on any individual game shall
33 exceed $500.
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1 Section 25. Restriction of licensees.
2 (a) Manufacturer. A person may not be licensed as a
3 manufacturer of a video gaming terminal in Illinois unless
4 the person has a valid manufacturer's license issued under
5 this Act. A manufacturer may only sell video gaming
6 terminals for use in Illinois to persons having a valid
7 distributor's license.
8 (b) Distributor. A person may not sell, service,
9 distribute, lease, or market a video gaming terminal in
10 Illinois unless the person has a valid distributor's license
11 issued under this Act. A distributor may only sell video
12 gaming terminals for use in Illinois to persons having a
13 valid distributor's or terminal operator's license.
14 (c) Terminal operator. A person may not own, service,
15 maintain, lease, or place a video gaming terminal unless he
16 or she has a valid terminal operator's license issued under
17 this Act. A terminal operator may only place video gaming
18 terminals for use in Illinois in licensed establishments.
19 (d) Licensed establishment.
20 (1) This paragraph (1) applies to licensed
21 establishments where a qualified fraternal organization
22 or a qualified veterans organization under the Charitable
23 Games Act that derives its charter from a national
24 fraternal or veterans organization and that has received
25 a charitable games license from the Illinois Department
26 of Revenue for the conduct of charitable games is
27 licensed to conduct those charitable games. A valid
28 charitable games license, issued by the Illinois
29 Department of Revenue for the conduct of charitable games
30 pursuant to the Charitable Games Act shall be prima facie
31 evidence of compliance with the licensing requirements of
32 this Act. No video gaming terminal may be placed in any
33 licensed establishment unless the owner or agent of the
34 owner of the licensed establishment has entered into a
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1 written use agreement with the terminal operator for
2 placement of the terminals. A copy of the use agreement
3 shall be on file in the terminal operator's place of
4 business and available for inspection by individuals
5 authorized by the Department. No licensed establishment
6 to which this paragraph (1) applies may have more than 5
7 video gaming terminals on its premises at any time,
8 unless otherwise authorized by the Department.
9 (2) This paragraph (2) applies to licensed retail
10 establishments where alcoholic liquor is drawn, poured,
11 mixed, or otherwise served for consumption on the
12 premises. A valid liquor license shall be prima facie
13 evidence of compliance with the licensing requirements of
14 this Act. No video gaming terminal may be placed in any
15 licensed establishment unless the owner or agent of the
16 owner of the licensed establishment has entered into a
17 written use agreement with the terminal operator for
18 placement of the terminals. A copy of the use agreement
19 shall be on file in the terminal operator's place of
20 business and available for inspection by individuals
21 authorized by the Department. No licensed establishment
22 to which this paragraph (2) applies may have more than 3
23 video gaming terminals on its premises at any time,
24 unless otherwise authorized by the Department.
25 (3) This paragraph (3) applies to licensed
26 establishments that are racing facilities or inter-track
27 wagering locations licensed under the Illinois Horse
28 Racing Act of 1975. A license to conduct pari-mutuel
29 wagering under that Act shall be prima facie evidence of
30 compliance with the licensing requirements of this Act.
31 No video gaming terminal may be placed in any licensed
32 establishment unless the owner or agent of the owner of
33 the licensed establishment has entered into a written use
34 agreement with the terminal operator for placement of the
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1 terminals. A copy of the use agreement shall be on file
2 in the terminal operator's place of business and
3 available for inspection by individuals authorized by the
4 Department. No racing facility to which this paragraph
5 (3) applies may have more than 40 video gaming terminals
6 on its premises at any time, unless otherwise authorized
7 by the Department, and no inter-track wagering location
8 to which this paragraph (3) applies may have more than 10
9 video gaming terminals on its premises at any time,
10 unless otherwise authorized by the Department.
11 (e) Residency requirement. Each licensed distributor,
12 terminal operator, and owner of a licensed establishment must
13 be an Illinois resident. However, if an out of state
14 distributor, terminal operator, or owner of a licensed
15 establishment has performed its respective business within
16 Illinois for at least 24 months prior to the effective date
17 of this Act, the out of state person may be eligible for
18 licensing under this Act.
19 (f) Use of term "casino". No licensee under this Act
20 shall use the word "casino", or any similar derivation of the
21 word, to describe a video gaming terminal or as the name or
22 any part of the name of a licensed establishment or a portion
23 thereof where a video gaming terminal is located, or in any
24 advertising or promotions conducted by individuals involved
25 with video gaming terminals.
26 (g) Financial interest restrictions.
27 (1) Except where a substantial interest has existed
28 between a manufacturer and an operator for a period of
29 not less than 24 months prior to the effective date of
30 this Act, no licensed manufacturer, distributor, or
31 terminal operator of video gaming terminals may:
32 (A) Have a substantial interest in any other
33 licensed business operating in whole or in part at a
34 different marketing level.
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1 (B) Allow any of its officers, or any other
2 person with a substantial interest in that business,
3 to have a substantial interest in a licensed
4 business operating in whole or in part at a
5 different marketing level.
6 (C) Employ any person in any capacity or allow
7 any person to represent the business in any way if
8 that person is also employed by or represents any
9 other of these businesses operating in whole or in
10 part at a different marketing level.
11 (D) Allow any other of these businesses
12 operating in whole or in part at a different
13 marketing level or any person with a substantial
14 interest therein to have a substantial interest in
15 it.
16 (2) As used in this subsection (g), "substantial
17 interest" in an organization, association, or business
18 means:
19 (A) When, with respect to a sole
20 proprietorship, an individual or his or her marital
21 community owns, operates, manages, or conducts,
22 directly or indirectly, the organization,
23 association, or business, or any part thereof;
24 (B) When, with respect to a partnership, the
25 individual or his or her marital community shares in
26 any of the profits or potential profits, of the
27 partnership activities;
28 (C) When, with respect to a corporation, an
29 individual or his or her spouse is an officer or
30 director or the individual or his or her marital
31 community is a holder, directly or beneficially, of
32 5% or more of any class of stock of the corporation;
33 (D) When, with respect to an organization not
34 covered in (A), (B), or (C) of this subsection (g),
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1 an individual or his or her spouse is an officer or
2 manages the business affairs or the individual or
3 his or her marital community is the owner of or
4 otherwise controls 10% or more of the assets of the
5 organization; or
6 (E) When an individual or his or her marital
7 community furnishes 5% or more of the capital,
8 whether in cash, goods, or services, for the
9 operation of any business, association, or
10 organization during any calendar year.
11 (h) Limits on operators. Beginning one year after the
12 effective date of this Act, no video lottery terminal
13 operator may have in operation more than 5% of the total
14 video gaming terminals in operation.
15 Section 30. Multiple types of licenses prohibited. A
16 video gaming terminal manufacturer may not be licensed as a
17 video gaming terminal distributor or operator or own, manage,
18 or control a licensed establishment, and shall be licensed
19 only to sell to distributors. A video gaming terminal
20 distributor may not be licensed as a video gaming terminal
21 manufacturer or operator or own, manage, or control a
22 licensed establishment, and shall only contract with a
23 licensed terminal operator. An owner or manager of a licensed
24 establishment may not be licensed as a video gaming terminal
25 manufacturer, distributor, or operator, and shall only
26 contract with a licensed operator to place and service this
27 equipment. The prohibitions contained in this Section 30
28 shall not apply where a substantial interest as defined in
29 Section 25 of this Act has existed between a manufacturer and
30 an operator for a period of not less than 24 months prior to
31 the effective date of this Act.
32 Section 35. Display of license; confiscation; violation.
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1 Each video gaming terminal shall be licensed by the
2 Department before placement or operation on the premises of a
3 licensed establishment. Each machine shall have the license
4 prominently displayed thereon. Any licensed establishment
5 used for the conduct of gambling games in violation of this
6 Act shall be considered a gambling place in violation of
7 Section 28-3 of the Criminal Code of 1961. Every gambling
8 device found in a licensed establishment operating gambling
9 games in violation of this Act shall be subject to seizure,
10 confiscation, and destruction as provided in Section 28-5 of
11 the Criminal Code of 1961.
12 Section 40. Video gaming terminal use by minors
13 prohibited. No licensee shall cause or permit any person
14 under the age of 21 years to use or play a video gaming
15 terminal. Any licensee who knowingly permits a person under
16 the age of 21 years to use or play a video gaming terminal is
17 guilty of a business offense and shall be fined an amount not
18 to exceed $5,000.
19 Section 45. Issuance of license.
20 (a) The burden is upon each applicant to demonstrate his
21 or her suitability for licensure. Each video gaming terminal
22 manufacturer, distributor, operator, and licensed
23 establishment shall be licensed by the Department before any
24 video gaming terminal is distributed, sold, or placed for
25 public use in this State. The Department may not issue a
26 license under this Act to any person who, within 10 years of
27 the date of the application, has been convicted of a felony
28 under the laws of this State, any other state, or the United
29 States or to any firm or corporation in which such a person
30 is an officer, director, or managerial employee.
31 (b) A non-refundable application fee shall be paid at
32 the time an application for a license is filed with the
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1 Department in the following amounts:
2 (1) Video gaming terminal
3 manufacturer.............................. $10,000
4 (2) Video gaming terminal
5 distributor............................... $5,000
6 (3) Video gaming terminal
7 operator.................................. $2,500
8 (c) The Department shall establish an annual fee for
9 each license not to exceed the following:
10 (1) Video gaming terminal
11 manufacturer.............................. $10,000
12 (2) Video gaming terminal
13 distributor............................... $10,000
14 (3) Video gaming terminal
15 operator.................................. $5,000
16 (4) Video gaming terminal
17 location.................................. $100
18 (5) Video gaming terminal.................. $100
19 Section 50. Distribution of license fees. Twenty-five
20 percent of all fees collected under Section 45 shall be
21 deposited in the Compulsive Gambling Fund. The remaining
22 amount shall be deposited in the General Revenue Fund for the
23 administering this Act or as otherwise determined by the
24 General Assembly. All licenses issued by the Department
25 under this Act are renewable annually unless sooner cancelled
26 or terminated. No license issued under this Act is
27 transferable or assignable.
28 Section 55. Precondition for Licensed Establishment.
29 (a) In all cases of application by a qualified fraternal
30 or veterans organization as a licensed establishment:
31 (1) Each licensed qualified fraternal or veterans
32 organization establishment shall possess a valid
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1 charitable games license issued by the Illinois
2 Department of Revenue in effect at the time of
3 application for and issuance of a video gaming terminal
4 license and at all times thereafter during which a video
5 gaming terminal is made available to the public for play
6 at that location.
7 (2) Except as otherwise specifically authorized by
8 the Department, no licensed qualified fraternal or
9 veterans organization establishment shall be licensed for
10 more than 5 video gaming terminals for any single
11 license.
12 (b) In all cases of application by a retail
13 liquor-serving establishment as a licensed establishment:
14 (1) Each licensed liquor-serving establishment
15 shall possess a valid liquor license issued by the
16 Illinois Liquor Control Commission in effect at the time
17 of application for and issuance of a video gaming
18 terminal license and at all times thereafter during which
19 a video gaming terminal is made available to the public
20 for play at that location.
21 (2) Except as otherwise specifically authorized by
22 the Department, no licensed liquor-serving establishment
23 shall be licensed for more than 3 video gaming terminals
24 for any single license.
25 (c) In all cases of application by a licensed racing
26 facility or inter-track wagering location as a licensed
27 establishment:
28 (1) Each licensed racing facility or inter-track
29 wagering location establishment shall possess a valid
30 license under the Illinois Horse Racing Act of 1975 in
31 effect at the time of application for and issuance of a
32 video gaming terminal license and at all times thereafter
33 during which a video gaming terminal is made available to
34 the public for play at that location.
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1 (2) Except as otherwise specifically authorized by
2 the Department, no licensed racing facility establishment
3 shall be licensed for more than 40 video gaming terminals
4 for any single license.
5 (3) Except as otherwise specifically authorized by
6 the Department, no licensed intertrack wagering location
7 establishment shall be licensed for more than 10 video
8 gaming terminals for any single license.
9 Section 60. Distribution of tax revenues.
10 (a) All tax revenues derived from video gaming terminals
11 by the State shall be held by the Department until they are
12 distributed.
13 (b) The State shall receive revenues based on net video
14 gaming terminal income (income after payout). The tax shall
15 be 20% of this amount. The tax shall automatically increase
16 to 25% 2 years after operation commences.
17 (c) The tax revenues shall be paid into the Video Gaming
18 School Fund, a special fund that is hereby created in the
19 State Treasury. The share for each individual school
20 district shall be determined by the video gaming terminal
21 income generated in that school district.
22 (d) Revenues generated from the play of video gaming
23 terminals shall be deposited by the terminal operator, who
24 shall be responsible for tax payments, in a specially
25 created, separate bank account maintained by the video gaming
26 terminal operator to allow for electronic fund transfers of
27 moneys for tax payment.
28 (e) Each licensed location shall maintain an adequate
29 video gaming fund, with the amount to be determined by the
30 Department.
31 (f) The distribution of the remaining (after tax) video
32 gaming terminal revenue shall be negotiated between the
33 operator and location involved and evidenced in writing.
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1 However, in no event shall the location receive more than 50%
2 of such amount.
3 Section 85. The Alcoholism and Other Drug Abuse and
4 Dependency Act is amended by adding Section 20-20 as follows:
5 (20 ILCS 301/20-20)
6 Sec. 20-20. Compulsive gambling program.
7 (a) The Department of Human Services shall establish a
8 program for:
9 (1) public education, research, and training
10 regarding problem or compulsive gambling; and
11 (2) the treatment and prevention of problem or
12 compulsive gambling.
13 (b) The Department's program under subsection (a) shall
14 include:
15 (1) establishing and maintaining a toll-free "800"
16 telephone number to provide crisis counseling and
17 referral services to families experiencing difficulty as
18 a result of problem or compulsive gambling;
19 (2) promoting public awareness regarding the
20 recognition and prevention of problem or compulsive
21 gambling;
22 (3) facilitating through in-service training and
23 other means the availability of effective assistance
24 programs for problem or compulsive gamblers; and
25 (4) conducting studies to identify adults and
26 juveniles in this State who are becoming or who are at
27 risk of becoming problem or compulsive gamblers.
28 Section 87. The State Finance Act is amended by adding
29 Section 5.449 as follows:
30 (30 ILCS 105/5.449 new)
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1 Sec. 5.449. The Video Gaming School Fund.
2 Section 90. The Criminal Code of 1961 is amended by
3 changing Sections 28-1, 28-1.1, and 28-3 as follows:
4 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
5 Sec. 28-1. Gambling.
6 (a) A person commits gambling when he:
7 (1) Plays a game of chance or skill for money or
8 other thing of value, unless excepted in subsection (b)
9 of this Section; or
10 (2) Makes a wager upon the result of any game,
11 contest, or any political nomination, appointment or
12 election; or
13 (3) Operates, keeps, owns, uses, purchases,
14 exhibits, rents, sells, bargains for the sale or lease
15 of, manufactures or distributes any gambling device; or
16 (4) Contracts to have or give himself or another
17 the option to buy or sell, or contracts to buy or sell,
18 at a future time, any grain or other commodity
19 whatsoever, or any stock or security of any company,
20 where it is at the time of making such contract intended
21 by both parties thereto that the contract to buy or sell,
22 or the option, whenever exercised, or the contract
23 resulting therefrom, shall be settled, not by the receipt
24 or delivery of such property, but by the payment only of
25 differences in prices thereof; however, the issuance,
26 purchase, sale, exercise, endorsement or guarantee, by or
27 through a person registered with the Secretary of State
28 pursuant to Section 8 of the Illinois Securities Law of
29 1953, or by or through a person exempt from such
30 registration under said Section 8, of a put, call, or
31 other option to buy or sell securities which have been
32 registered with the Secretary of State or which are
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1 exempt from such registration under Section 3 of the
2 Illinois Securities Law of 1953 is not gambling within
3 the meaning of this paragraph (4); or
4 (5) Knowingly owns or possesses any book,
5 instrument or apparatus by means of which bets or wagers
6 have been, or are, recorded or registered, or knowingly
7 possesses any money which he has received in the course
8 of a bet or wager; or
9 (6) Sells pools upon the result of any game or
10 contest of skill or chance, political nomination,
11 appointment or election; or
12 (7) Sets up or promotes any lottery or sells,
13 offers to sell or transfers any ticket or share for any
14 lottery; or
15 (8) Sets up or promotes any policy game or sells,
16 offers to sell or knowingly possesses or transfers any
17 policy ticket, slip, record, document or other similar
18 device; or
19 (9) Knowingly drafts, prints or publishes any
20 lottery ticket or share, or any policy ticket, slip,
21 record, document or similar device, except for such
22 activity related to lotteries, bingo games and raffles
23 authorized by and conducted in accordance with the laws
24 of Illinois or any other state or foreign government; or
25 (10) Knowingly advertises any lottery or policy
26 game, except for such activity related to lotteries,
27 bingo games and raffles authorized by and conducted in
28 accordance with the laws of Illinois or any other state;
29 or
30 (11) Knowingly transmits information as to wagers,
31 betting odds, or changes in betting odds by telephone,
32 telegraph, radio, semaphore or similar means; or
33 knowingly installs or maintains equipment for the
34 transmission or receipt of such information; except that
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1 nothing in this subdivision (11) prohibits transmission
2 or receipt of such information for use in news reporting
3 of sporting events or contests.
4 (b) Participants in any of the following activities
5 shall not be convicted of gambling therefor:
6 (1) Agreements to compensate for loss caused by the
7 happening of chance including without limitation
8 contracts of indemnity or guaranty and life or health or
9 accident insurance;
10 (2) Offers of prizes, award or compensation to the
11 actual contestants in any bona fide contest for the
12 determination of skill, speed, strength or endurance or
13 to the owners of animals or vehicles entered in such
14 contest;
15 (3) Pari-mutuel betting as authorized by the law of
16 this State;
17 (4) Manufacture of gambling devices, including the
18 acquisition of essential parts therefor and the assembly
19 thereof, for transportation in interstate or foreign
20 commerce to any place outside this State when such
21 transportation is not prohibited by any applicable
22 Federal law; or the manufacture, distribution, or
23 possession of video gaming terminals, as defined in the
24 Video Gaming Act, by manufacturers, distributors, and
25 terminal operators licensed to do so under the Video
26 Gaming Act;
27 (5) The game commonly known as "bingo", when
28 conducted in accordance with the Bingo License and Tax
29 Act;
30 (6) Lotteries when conducted by the State of
31 Illinois in accordance with the Illinois Lottery Law;
32 (7) Possession of an antique slot machine that is
33 neither used nor intended to be used in the operation or
34 promotion of any unlawful gambling activity or
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1 enterprise. For the purpose of this subparagraph (b)(7),
2 an antique slot machine is one manufactured 25 years ago
3 or earlier;
4 (8) Raffles when conducted in accordance with the
5 Raffles Act;
6 (9) Charitable games when conducted in accordance
7 with the Charitable Games Act;
8 (10) Pull tabs and jar games when conducted under
9 the Illinois Pull Tabs and Jar Games Act; or
10 (11) Gambling games conducted on riverboats when
11 authorized by the Riverboat Gambling Act; or.
12 (12) Video gaming terminal games at licensed
13 establishments when conducted in accordance with the
14 Video Gaming Act.
15 (c) Sentence.
16 Gambling under subsection (a)(1) or (a)(2) of this
17 Section is a Class A misdemeanor. Gambling under any of
18 subsections (a)(3) through (a)(11) of this Section is a Class
19 A misdemeanor. A second or subsequent conviction under any
20 of subsections (a)(3) through (a)(11), is a Class 4 felony.
21 (d) Circumstantial evidence.
22 In prosecutions under subsection (a)(1) through (a)(11)
23 of this Section circumstantial evidence shall have the same
24 validity and weight as in any criminal prosecution.
25 (Source: P.A. 86-1029; 87-435.)
26 (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
27 Sec. 28-1.1. Syndicated gambling.
28 (a) Declaration of Purpose. Recognizing the close
29 relationship between professional gambling and other
30 organized crime, it is declared to be the policy of the
31 legislature to restrain persons from engaging in the business
32 of gambling for profit in this State. This Section shall be
33 liberally construed and administered with a view to carrying
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1 out this policy.
2 (b) A person commits syndicated gambling when he
3 operates a "policy game" or engages in the business of
4 bookmaking.
5 (c) A person "operates a policy game" when he knowingly
6 uses any premises or property for the purpose of receiving or
7 knowingly does receive from what is commonly called "policy":
8 (1) money from a person other than the better or
9 player whose bets or plays are represented by such money;
10 or
11 (2) written "policy game" records, made or used
12 over any period of time, from a person other than the
13 better or player whose bets or plays are represented by
14 such written record.
15 (d) A person engages in bookmaking when he receives or
16 accepts more than five bets or wagers upon the result of any
17 trials or contests of skill, speed or power of endurance or
18 upon any lot, chance, casualty, unknown or contingent event
19 whatsoever, which bets or wagers shall be of such size that
20 the total of the amounts of money paid or promised to be paid
21 to such bookmaker on account thereof shall exceed $2,000.
22 Bookmaking is the receiving or accepting of such bets or
23 wagers regardless of the form or manner in which the
24 bookmaker records them.
25 (e) Participants in any of the following activities
26 shall not be convicted of syndicated gambling:
27 (1) Agreements to compensate for loss caused by the
28 happening of chance including without limitation
29 contracts of indemnity or guaranty and life or health or
30 accident insurance; and
31 (2) Offers of prizes, award or compensation to the
32 actual contestants in any bona fide contest for the
33 determination of skill, speed, strength or endurance or
34 to the owners of animals or vehicles entered in such
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1 contest; and
2 (3) Pari-mutuel betting as authorized by law of
3 this State; and
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
9 Federal law; and
10 (5) Raffles when conducted in accordance with the
11 Raffles Act; and
12 (6) Gambling games conducted on riverboats when
13 authorized by the Riverboat Gambling Act; and.
14 (7) Video gaming terminal games at licensed
15 establishments when conducted in accordance with the
16 Video Gaming Act.
17 (f) Sentence. Syndicated gambling is a Class 3 felony.
18 (Source: P.A. 86-1029; 87-435.)
19 (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
20 Sec. 28-3. Keeping a Gambling Place. A "gambling place"
21 is any real estate, vehicle, boat or any other property
22 whatsoever used for the purposes of gambling other than
23 gambling conducted in the manner authorized by the Riverboat
24 Gambling Act or the Video Gaming Act. Any person who
25 knowingly permits any premises or property owned or occupied
26 by him or under his control to be used as a gambling place
27 commits a Class A misdemeanor. Each subsequent offense is a
28 Class 4 felony. When any premises is determined by the
29 circuit court to be a gambling place:
30 (a) Such premises is a public nuisance and may be
31 proceeded against as such, and
32 (b) All licenses, permits or certificates issued by the
33 State of Illinois or any subdivision or public agency thereof
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1 authorizing the serving of food or liquor on such premises
2 shall be void; and no license, permit or certificate so
3 cancelled shall be reissued for such premises for a period of
4 60 days thereafter; nor shall any person convicted of keeping
5 a gambling place be reissued such license for one year from
6 his conviction and, after a second conviction of keeping a
7 gambling place, any such person shall not be reissued such
8 license, and
9 (c) Such premises of any person who knowingly permits
10 thereon a violation of any Section of this Article shall be
11 held liable for, and may be sold to pay any unsatisfied
12 judgment that may be recovered and any unsatisfied fine that
13 may be levied under any Section of this Article.
14 (Source: P.A. 86-1029.)
15 Section 99. Effective date. This Act takes effect
16 January 1, 1998.