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90_HB1846
230 ILCS 10/5 from Ch. 120, par. 2405
230 ILCS 10/6 from Ch. 120, par. 2406
230 ILCS 10/7 from Ch. 120, par. 2407
Amends the Riverboat Gambling Act. Provides that any new
license issued to conduct riverboat gambling, or any other
form of gambling not currently authorized, under the Act
shall be issued only to a municipality or county. Effective
immediately.
LRB9003893LDdv
LRB9003893LDdv
1 AN ACT to amend the Riverboat Gambling Act by changing
2 Sections 5, 6, and 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Riverboat Gambling Act is amended by
6 changing Sections 5, 6, and 7 as follows:
7 (230 ILCS 10/5) (from Ch. 120, par. 2405)
8 Sec. 5. Gaming Board.
9 (a) (1) There is hereby established within the
10 Department of Revenue an Illinois Gaming Board which shall
11 have the powers and duties specified in this Act, and all
12 other powers necessary and proper to fully and effectively
13 execute this Act for the purpose of administering,
14 regulating, and enforcing the system of riverboat gambling
15 established by this Act. Its jurisdiction shall extend under
16 this Act to every person, association, corporation,
17 partnership, and trust, municipality, and county involved in
18 riverboat gambling operations in the State of Illinois.
19 (2) The Board shall consist of 5 members to be appointed
20 by the Governor with the advice and consent of the Senate,
21 one of whom shall be designated by the Governor to be
22 chairman. Each member shall have a reasonable knowledge of
23 the practice, procedure and principles of gambling
24 operations. Each member shall either be a resident of
25 Illinois or shall certify that he will become a resident of
26 Illinois before taking office. At least one member shall be
27 experienced in law enforcement and criminal investigation, at
28 least one member shall be a certified public accountant
29 experienced in accounting and auditing, and at least one
30 member shall be a lawyer licensed to practice law in
31 Illinois.
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1 (3) The terms of office of the Board members shall be 3
2 years, except that the terms of office of the initial Board
3 members appointed pursuant to this Act will commence from the
4 effective date of this Act and run as follows: one for a
5 term ending July 1, 1991, 2 for a term ending July 1, 1992,
6 and 2 for a term ending July 1, 1993. Upon the expiration of
7 the foregoing terms, the successors of such members shall
8 serve a term for 3 years and until their successors are
9 appointed and qualified for like terms. Vacancies in the
10 Board shall be filled for the unexpired term in like manner
11 as original appointments. Each member of the Board shall be
12 eligible for reappointment at the discretion of the Governor
13 with the advice and consent of the Senate.
14 (4) Each member of the Board shall receive $300 for each
15 day the Board meets and for each day the member conducts any
16 hearing pursuant to this Act. Each member of the Board shall
17 also be reimbursed for all actual and necessary expenses and
18 disbursements incurred in the execution of official duties.
19 (5) No person shall be appointed a member of the Board
20 or continue to be a member of the Board who is, or whose
21 spouse, child, or parent is, a member of the board of
22 directors of, or a person financially interested in, any
23 gambling operation subject to the jurisdiction of this Board,
24 or any race track, race meeting, racing association, or the
25 operations thereof subject to the jurisdiction of the
26 Illinois Racing Board. No Board member shall hold any other
27 public office for which he shall receive compensation other
28 than necessary travel or other incidental expenses. No
29 person shall be a member of the Board who is not of good
30 moral character or who has been convicted of, or is under
31 indictment for, a felony under the laws of Illinois or any
32 other state, or the United States.
33 (6) Any member of the Board may be removed by the
34 Governor for neglect of duty, misfeasance, malfeasance, or
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1 nonfeasance in office.
2 (7) Before entering upon the discharge of the duties of
3 his or her office, each member of the Board shall take an
4 oath that he will faithfully execute the duties of his or her
5 office according to the laws of the State and the rules and
6 regulations adopted therewith and shall give bond to the
7 State of Illinois, approved by the Governor, in the sum of
8 $25,000. Every such bond, when duly executed and approved,
9 shall be recorded in the office of the Secretary of State.
10 Whenever the Governor determines that the bond of any member
11 of the Board has become or is likely to become invalid or
12 insufficient, he shall require such member forthwith to renew
13 his bond, which is to be approved by the Governor. Any
14 member of the Board who fails to take oath and give bond
15 within 30 days from the date of his or her appointment, or
16 who fails to renew his or her bond within 30 days after it is
17 demanded by the Governor, shall be guilty of neglect of duty
18 and may be removed by the Governor. The cost of any bond
19 given by any member of the Board under this Section shall be
20 taken to be a part of the necessary expenses of the Board.
21 (8) Upon the request of the Board, the Department shall
22 employ such personnel as may be necessary to carry out the
23 functions of the Board. No person shall be employed to serve
24 the Board who is, or whose spouse, parent or child is, an
25 official of, or has a financial interest in or financial
26 relation with, any operator engaged in gambling operations
27 within this State or any organization engaged in conducting
28 horse racing within this State. Any employee violating these
29 prohibitions shall be subject to termination of employment.
30 (9) An Administrator shall perform any and all duties
31 that the Board shall assign him or her. The salary of the
32 Administrator shall be determined by the Board and approved
33 by the Director of the Department and, in addition, he or she
34 shall be reimbursed for all actual and necessary expenses
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1 incurred by him or her in discharge of his or her official
2 duties. The Administrator shall keep records of all
3 proceedings of the Board and shall preserve all records,
4 books, documents and other papers belonging to the Board or
5 entrusted to its care. The Administrator shall devote his
6 full time to the duties of the office and shall not hold any
7 other office or employment.
8 (b) The Board shall have general responsibility for the
9 implementation of this Act. Its duties include, without
10 limitation, the following:
11 (1) To decide promptly and in reasonable order all
12 license applications. Any party aggrieved by an action of
13 the Board denying, suspending, revoking, restricting or
14 refusing to renew a license may request a hearing before
15 the Board. A request for a hearing must be made to the
16 Board in writing within 5 days after service of notice of
17 the action of the Board. Notice of the action of the
18 Board shall be served either by personal delivery or by
19 certified mail, postage prepaid, to the aggrieved party.
20 Notice served by certified mail shall be deemed complete
21 on the business day following the date of such mailing.
22 The Board shall conduct all requested hearings promptly
23 and in reasonable order;
24 (2) To conduct all hearings pertaining to civil
25 violations of this Act or rules and regulations
26 promulgated hereunder;
27 (3) To promulgate such rules and regulations as in
28 its judgment may be necessary to protect or enhance the
29 credibility and integrity of gambling operations
30 authorized by this Act and the regulatory process
31 hereunder;
32 (4) To provide for the establishment and collection
33 of all license and registration fees and taxes imposed by
34 this Act and the rules and regulations issued pursuant
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1 hereto. All such fees and taxes shall be deposited into
2 the State Gaming Fund;
3 (5) To provide for the levy and collection of
4 penalties and fines for the violation of provisions of
5 this Act and the rules and regulations promulgated
6 hereunder. All such fines and penalties shall be
7 deposited into the Education Assistance Fund, created by
8 Public Act 86-0018, of the State of Illinois;
9 (6) To be present through its inspectors and agents
10 any time gambling operations are conducted on any
11 riverboat for the purpose of certifying the revenue
12 thereof, receiving complaints from the public, and
13 conducting such other investigations into the conduct of
14 the gambling games and the maintenance of the equipment
15 as from time to time the Board may deem necessary and
16 proper;
17 (7) To review and rule upon any complaint by a
18 licensee regarding any investigative procedures of the
19 State that which are unnecessarily disruptive of gambling
20 operations. The need to inspect and investigate shall be
21 presumed at all times. The disruption of a licensee's
22 operations shall be proved by clear and convincing
23 evidence, and establish that: (A) the procedures had no
24 reasonable law enforcement purposes, and (B) the
25 procedures were so disruptive as to unreasonably inhibit
26 gambling operations;
27 (8) To hold at least one meeting each quarter of
28 the fiscal year. In addition, special meetings may be
29 called by the Chairman or any 2 Board members upon 72
30 hours written notice to each member. All Board meetings
31 shall be subject to the Open Meetings Act. Three members
32 of the Board shall constitute a quorum, and 3 votes shall
33 be required for any final determination by the Board.
34 The Board shall keep a complete and accurate record of
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1 all its meetings. A majority of the members of the Board
2 shall constitute a quorum for the transaction of any
3 business, for the performance of any duty, or for the
4 exercise of any power that which this Act requires the
5 Board members to transact, perform, or exercise en banc,
6 except that, upon order of the Board, one of the Board
7 members or an administrative law judge designated by the
8 Board may conduct any hearing provided for under this Act
9 or by Board rule and may recommend findings and decisions
10 to the Board. The Board member or administrative law
11 judge conducting the such hearing shall have all powers
12 and rights granted to the Board in this Act. The record
13 made at the time of the hearing shall be reviewed by the
14 Board, or a majority thereof, and the findings and
15 decision of the majority of the Board shall constitute
16 the order of the Board in such case;
17 (9) To maintain records that which are separate and
18 distinct from the records of any other State board or
19 commission. Such records shall be available for public
20 inspection and shall accurately reflect all Board
21 proceedings;
22 (10) To file a written annual report with the
23 Governor on or before March 1 each year and such
24 additional reports as the Governor may request. The
25 annual report shall include a statement of receipts and
26 disbursements by the Board, actions taken by the Board,
27 and any additional information and recommendations that
28 which the Board may deem valuable or which the Governor
29 may request;
30 (11) To review the patterns of wagering and wins
31 and losses by persons on riverboat gambling operations
32 under this Act, and make recommendation to the Governor
33 and the General Assembly, by January 31, 1992, as to
34 whether limits on wagering losses should be imposed; and
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1 (12) To assume responsibility for the
2 administration and enforcement of the Bingo License and
3 Tax Act, the Charitable Games Act, and the Pull Tabs and
4 Jar Games Act if such responsibility is delegated to it
5 by the Director of Revenue.
6 (c) The Board shall have jurisdiction over and shall
7 supervise all gambling operations governed by this Act. The
8 Board shall have all powers necessary and proper to fully and
9 effectively execute the provisions of this Act, including,
10 but not limited to, the following:
11 (1) To investigate applicants and determine the
12 eligibility of applicants for licenses and to select
13 among competing applicants the applicants that which best
14 serve the interests of the citizens of Illinois.
15 (2) To have jurisdiction and supervision over all
16 riverboat gambling operations in this State and all
17 persons on riverboats where gambling operations are
18 conducted.
19 (3) To promulgate rules and regulations for the
20 purpose of administering the provisions of this Act and
21 to prescribe rules, regulations and conditions under
22 which all riverboat gambling in the State shall be
23 conducted. Such rules and regulations are to provide for
24 the prevention of practices detrimental to the public
25 interest and for the best interests of riverboat
26 gambling, including rules and regulations regarding the
27 inspection of such riverboats and the review of any
28 permits or licenses necessary to operate a riverboat
29 under any laws or rules regulations applicable to
30 riverboats, and to impose penalties for violations
31 thereof.
32 (4) To enter the office, riverboats, facilities, or
33 other places of business of a licensee, where evidence of
34 the compliance or noncompliance with the provisions of
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1 this Act is likely to be found.
2 (5) To investigate alleged violations of this Act
3 or the rules of the Board and to take appropriate
4 disciplinary action against a licensee or a holder of an
5 occupational license for a violation, or institute
6 appropriate legal action for enforcement, or both.
7 (6) To adopt standards for the licensing of all
8 persons under this Act, as well as for electronic or
9 mechanical gambling games, and to establish fees for
10 those such licenses.
11 (7) To adopt appropriate standards for all
12 riverboats and facilities.
13 (8) To require that the records, including
14 financial or other statements of any licensee under this
15 Act, shall be kept in such manner as prescribed by the
16 Board and that any such licensee involved in the
17 ownership or management of gambling operations submit to
18 the Board an annual balance sheet and profit and loss
19 statement, list of the stockholders or other persons
20 having a 1% or greater beneficial interest in the
21 gambling activities of each licensee, and any other
22 information the Board deems necessary in order to
23 effectively administer this Act and all rules,
24 regulations, orders, and final decisions promulgated
25 under this Act.
26 (9) To conduct hearings, issue subpoenas for the
27 attendance of witnesses, and subpoenas duces tecum for
28 the production of books, records, and other pertinent
29 documents in accordance with the Illinois Administrative
30 Procedure Act, and to administer oaths and affirmations
31 to the witnesses, when, in the judgment of the Board, it
32 is necessary to administer or enforce this Act or the
33 Board rules.
34 (10) To prescribe a form to be used by any licensee
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1 involved in the ownership or management of gambling
2 operations as an application for employment for its their
3 employees.
4 (11) To revoke or suspend licenses, as the Board
5 may see fit and in compliance with applicable laws of the
6 State regarding administrative procedures, and to review
7 applications for the renewal of licenses. The Board may
8 suspend an owners license, without notice or hearing upon
9 a determination that the safety or health of patrons or
10 employees is jeopardized by continuing a riverboat's
11 operation. The suspension may remain in effect until the
12 Board determines that the cause for suspension has been
13 abated. The Board may revoke the owners license upon a
14 determination that the owner has not made satisfactory
15 progress toward abating the hazard.
16 (12) To eject or exclude or authorize the ejection
17 or exclusion of, any person from riverboat gambling
18 facilities where that such person is in violation of this
19 Act, rules and regulations thereunder, or final orders of
20 the Board, or where that such person's conduct or
21 reputation is such that his presence within the riverboat
22 gambling facilities may, in the opinion of the Board,
23 call into question the honesty and integrity of the
24 gambling operations or interfere with orderly conduct
25 thereof; provided that the propriety of the such ejection
26 or exclusion is subject to subsequent hearing by the
27 Board.
28 (13) To require all licensees of gambling
29 operations to utilize a cashless wagering system whereby
30 all players' money is converted to tokens, electronic
31 cards, or chips which shall be used only for wagering in
32 the gambling establishment.
33 (14) To authorize the routes of a riverboat and the
34 stops that which a riverboat may make.
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1 (15) To suspend, revoke, or restrict licenses, to
2 require the removal of a licensee or an employee of a
3 licensee for a violation of this Act or a Board rule or
4 for engaging in a fraudulent practice, and to impose
5 civil penalties of up to $5,000 against individuals and
6 up to $10,000 or an amount equal to the daily gross
7 receipts, whichever is larger, against licensees for each
8 violation of any provision of the Act, any rules adopted
9 by the Board, any order of the Board or any other action
10 that which, in the Board's discretion, is a detriment or
11 impediment to riverboat gambling operations.
12 (16) To hire employees to gather information,
13 conduct investigations and carry out any other tasks
14 contemplated under this Act.
15 (17) To establish minimum levels of insurance to be
16 maintained by licensees.
17 (18) To authorize a licensee to sell or serve
18 alcoholic liquors, wine or beer as defined in the Liquor
19 Control Act of 1934 on board a riverboat and to have
20 exclusive authority to establish the hours for sale and
21 consumption of alcoholic liquor on board a riverboat,
22 notwithstanding any provision of the Liquor Control Act
23 of 1934 or any local ordinance. The establishment of the
24 hours for sale and consumption of alcoholic liquor on
25 board a riverboat is an exclusive power and function of
26 the State. A home rule unit may not establish the hours
27 for sale and consumption of alcoholic liquor on board a
28 riverboat. This amendatory Act of 1991 is a denial and
29 limitation of home rule powers and functions under
30 subsection (h) of Section 6 of Article VII of the
31 Illinois Constitution.
32 (19) After consultation with the U.S. Army Corps of
33 Engineers, to establish binding emergency orders upon the
34 concurrence of a majority of the members of the Board
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1 regarding the navigability of rivers in the event of
2 extreme weather conditions, acts of God or other extreme
3 circumstances.
4 (20) To delegate the execution of any of its powers
5 under this Act for the purpose of administering and
6 enforcing this Act and its rules and regulations
7 hereunder.
8 (21) To take any other action as may be reasonable
9 or appropriate to enforce this Act and rules and
10 regulations hereunder.
11 (d) The Board may seek and shall receive the cooperation
12 of the Department of State Police in conducting background
13 investigations of applicants and in fulfilling its
14 responsibilities under this Section. Costs incurred by the
15 Department of State Police as a result of such cooperation
16 shall be paid by the Board in conformance with the
17 requirements of subsection 22 of Section 55a of The Civil
18 Administrative Code of Illinois.
19 (Source: P.A. 86-1029; 86-1389; 87-826.)
20 (230 ILCS 10/6) (from Ch. 120, par. 2406)
21 Sec. 6. Application for Owners License.
22 (a) A qualified entity person may apply to the Board for
23 an owners license to conduct a riverboat gambling operation
24 as provided in this Act. The application shall be made on
25 forms provided by the Board and shall contain such
26 information as the Board prescribes, including but not
27 limited to the identity of the riverboat on which the such
28 gambling operation is to be conducted and the exact location
29 where such riverboat will be docked, a certification that the
30 riverboat will be registered under this Act at all times
31 during which gambling operations are conducted on board,
32 detailed information regarding the ownership and management
33 of the applicant, and detailed personal information regarding
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1 the applicant. Information provided on the application shall
2 be used as a basis for a thorough background investigation
3 which the Board shall conduct with respect to each applicant.
4 An incomplete application shall be cause for denial of a
5 license by the Board.
6 (b) Applicants shall submit with their applications
7 application all documents, resolutions, and letters of
8 support from the governing body that represents the
9 municipality or county wherein the licensee will dock.
10 (c) Each applicant shall disclose the identity of every
11 person, association, trust, or corporation having a greater
12 than 1% direct or indirect pecuniary interest in the
13 riverboat gambling operation with respect to which the
14 license is sought. If the disclosed entity is a trust, the
15 application shall disclose the names and addresses of the
16 beneficiaries; if a corporation, the names and addresses of
17 all stockholders and directors; if a partnership, the names
18 and addresses of all partners, both general and limited; if a
19 municipality or county, the names and addresses of all
20 members of the governing body of that municipality or county.
21 (d) An application shall be filed with the Board by
22 January 1 of the year preceding any calendar year for which
23 an applicant seeks an owners license; however, applications
24 for an owners license permitting operations on January 1,
25 1991 shall be filed by July 1, 1990. An application fee of
26 $50,000 shall be paid at the time of filing to defray the
27 costs associated with the background investigation conducted
28 by the Board. If the costs of the investigation exceed
29 $50,000, the applicant shall pay the additional amount to the
30 Board. If the costs of the investigation are less than
31 $50,000, the applicant shall receive a refund of the
32 remaining amount. All information, records, interviews,
33 reports, statements, memoranda or other data supplied to or
34 used by the Board in the course of its review or
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1 investigation of an application for a license under this Act
2 shall be privileged, strictly confidential and shall be used
3 only for the purpose of evaluating an applicant. Such
4 information, records, interviews, reports, statements,
5 memoranda or other data shall not be admissible as evidence,
6 nor discoverable in any action of any kind in any court or
7 before any tribunal, board, agency or person, except for any
8 action deemed necessary by the Board.
9 (e) The Board shall charge each applicant a fee set by
10 the Department of State Police to defray the costs associated
11 with the search and classification of fingerprints obtained
12 by the Board with respect to the applicant's application.
13 These fees shall be paid into the State Police Services Fund.
14 (f) The licensed owner shall be the entity person
15 primarily responsible for the boat itself. Only one
16 riverboat gambling operation may be authorized by the Board
17 on any riverboat. The applicant must identify each riverboat
18 it intends to use and certify that the riverboat: (1) has the
19 authorized capacity required in this Act; (2) is accessible
20 to disabled persons; (3) is either a replica of a 19th
21 century Illinois riverboat or of a casino cruise ship design;
22 and (4) is fully registered and licensed in accordance with
23 any applicable laws.
24 (g) A person who knowingly makes a false statement on an
25 application is guilty of a Class A misdemeanor.
26 (Source: P.A. 86-1029; 86-1389.)
27 (230 ILCS 10/7) (from Ch. 120, par. 2407)
28 Sec. 7. Owners Licenses.
29 (a) The Board shall issue owners licenses to persons,
30 firms, or corporations, municipalities, or counties that
31 which apply for such licenses upon payment to the Board of
32 the non-refundable license fee set by the Board, upon payment
33 of a $25,000 license fee for the first year of operation and
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1 a $5,000 license fee for each succeeding year and upon a
2 determination by the Board that the applicant is eligible for
3 an owners license pursuant to this Act and the rules of the
4 Board. Beginning on the effective date of this amendatory
5 Act of 1997, no license to conduct riverboat gambling or any
6 other form of gambling under this Act shall be issued to an
7 entity other than a municipality or county. The provision in
8 the previous sentence shall not affect the renewal of
9 existing licenses. A license issued to a municipality or
10 county after the effective date of this amendatory Act of
11 1997 may not be transferred to any entity other than another
12 municipality or county provided, however, that a municipality
13 or county may contract with a private entity to operate the
14 riverboat or other gambling facility that may be authorized
15 under this Act. A person, firm, or corporation, municipality,
16 or county is ineligible to receive an owners license if:
17 (1) the person has been convicted of a felony under
18 the laws of this State, any other state, or the United
19 States;
20 (2) the person has been convicted of any violation
21 of Article 28 of the Criminal Code of 1961, or
22 substantially similar laws of any other jurisdiction;
23 (3) the person has submitted an application for a
24 license under this Act that which contains false
25 information;
26 (4) the person is a member of the Board;
27 (5) a person defined in (1), (2), (3) or (4) is an
28 officer, director or managerial employee of the firm or
29 corporation;
30 (6) the firm or corporation employs a person
31 defined in (1), (2), (3) or (4) who participates in the
32 management or operation of gambling operations authorized
33 under this Act;
34 (7) the person, firm or corporation owns more than
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1 a 10% ownership interest in any entity holding an owners
2 license issued under this Act; or
3 (8) a license of the person, firm or corporation
4 issued under this Act, or a license to own or operate
5 gambling facilities in any other jurisdiction, has been
6 revoked.
7 (b) In determining whether to grant an owners license to
8 an applicant, the Board shall consider:
9 (1) the character, reputation, experience and
10 financial integrity of the applicants and of any other or
11 separate person that either:
12 (A) controls, directly or indirectly, such
13 applicant, or
14 (B) is controlled, directly or indirectly, by
15 such applicant or by a person that which controls,
16 directly or indirectly, such applicant;
17 (2) the facilities or proposed facilities for the
18 conduct of riverboat gambling;
19 (3) the highest prospective total revenue to be
20 derived by the State from the conduct of riverboat
21 gambling;
22 (4) the good faith affirmative action plan of each
23 applicant to recruit, train and upgrade minorities in all
24 employment classifications;
25 (5) the financial ability of the applicant to
26 purchase and maintain adequate liability and casualty
27 insurance;
28 (6) whether the applicant has adequate
29 capitalization to provide and maintain, for the duration
30 of a license, a riverboat; and
31 (7) the extent to which the applicant exceeds or
32 meets other standards for the issuance of an owners
33 license which the Board may adopt by rule.
34 (c) Each owners license shall specify the place where
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1 riverboats shall operate and dock.
2 (d) Each applicant shall submit with his application, on
3 forms provided by the Board, 2 sets of his fingerprints.
4 (e) The Board may issue up to 10 licenses authorizing
5 the holders of such licenses to own riverboats. In the
6 application for an owners license, the applicant shall state
7 the dock at which the riverboat is based and the navigable
8 stream on which the riverboat will operate. The Board shall
9 issue 5 licenses to become effective not earlier than January
10 1, 1991. Four of such licenses shall authorize riverboat
11 gambling on the Mississippi River, one of which shall
12 authorize riverboat gambling from a home dock in the city of
13 East St. Louis. The other license shall authorize riverboat
14 gambling on the Illinois River south of Marshall County. The
15 Board shall issue 1 additional license to become effective
16 not earlier than March 1, 1992, which shall authorize
17 riverboat gambling on the Des Plaines River in Will County.
18 The Board may issue 4 additional licenses to become effective
19 not earlier than March 1, 1992. In determining the navigable
20 streams upon which riverboats will operate with licenses
21 effective on or after March 1, 1992, the Board shall consider
22 the economic benefit which riverboat gambling confers on the
23 State, and shall seek to assure that all regions of the State
24 share in the economic benefits of riverboat gambling.
25 In granting all licenses, the Board may give favorable
26 consideration to economically depressed areas of the State,
27 to applicants presenting plans which provide for significant
28 economic development over a large geographic area, and to
29 applicants who currently operate non-gambling riverboats in
30 Illinois. The Board shall review all applications for owners
31 licenses, and shall inform each applicant of the Board's
32 decision.
33 The Board may revoke the owners license of a licensee
34 which fails to begin regular riverboat cruises within 12
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1 months of receipt of the Board's approval of the application
2 if the Board determines that license revocation is in the
3 best interests of the State.
4 (f) The first 10 owners licenses issued under this Act
5 shall permit the holder to own up to 2 riverboats and
6 equipment thereon for a period of 3 years after the effective
7 date of the license. Holders of the first 10 owners licenses
8 must pay the annual license fee for each of the 3 years
9 during which they are authorized to own riverboats.
10 (g) Upon the termination, expiration or revocation of
11 each of the first 10 licenses, which shall be issued for a 3
12 year period, all licenses are renewable annually upon payment
13 of the fee and a determination by the Board that the licensee
14 continues to meet all of the requirements of this Act and the
15 Board's rules.
16 (h) An owners license shall entitle the licensee to own
17 up to 2 riverboats. A licensee shall limit the number of
18 gambling participants to 1,200 for any such owners license.
19 Riverboats licensed to operate on the Mississippi River and
20 the Illinois River south of Marshall County shall have an
21 authorized capacity of at least 500 persons. Any other
22 riverboat licensed under this Act shall have an authorized
23 capacity of at least 400 persons.
24 (i) A licensed owner is authorized to apply to the Board
25 for and, if approved therefor, to receive all licenses from
26 the Board necessary for the operation of a riverboat,
27 including a liquor license, a license to prepare and serve
28 food for human consumption, and other necessary licenses.
29 All use, occupation and excise taxes which apply to the sale
30 of food and beverages in this State and all taxes imposed on
31 the sale or use of tangible personal property apply to such
32 sales aboard the riverboat.
33 (j) None of the first 5 licenses issued by the Board to
34 become effective not earlier than January 1, 1991 shall
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1 authorize a riverboat to dock in a municipality with a
2 population of under 2,000; however, this restriction does not
3 apply to any additional licenses issued by the Board to
4 become effective not earlier than March 1, 1992. The Board
5 may issue a license authorizing a riverboat to dock in a
6 municipality only if, prior to the issuance of the license,
7 the governing body of the municipality has by a majority vote
8 approved the docking of riverboats in the municipality. The
9 Board may issue a license authorizing a riverboat to dock in
10 areas of a county outside any municipality only if, prior to
11 the issuance of the license, the governing body of the county
12 has by a majority vote approved of the docking of riverboats
13 within such areas.
14 (k) Nothing in this Act shall be interpreted to prohibit
15 a licensed owner from operating a school for the training of
16 any occupational licensee.
17 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.