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90_HB2189
New Act
720 ILCS 5/28-1 from Ch. 38, par. 28-1
230 ILCS 20/Act rep.
230 ILCS 25/Act rep.
230 ILCS 30/Act rep.
Creates the Omnibus Charitable Gaming Act. Provides for
licenses to conduct pull tabs and jar games, bingo games, and
Las Vegas Nights. Provides for taxation of certain revenues
collected under the Act. Provides certain criminal and civil
penalties for violations of the Act. Repeals the Pull Tabs
and Jar Games Act, the Bingo License and Tax Act, and the
Charitable Games Act. Amends the Criminal Code of 1961 to
update references in those Acts. Effective January 1, 1999.
LRB9000728LDdvA
LRB9000728LDdvA
1 AN ACT to create the Omnibus Charitable Gaming Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1. GENERAL PROVISIONS
5 Section 1-1. Short title. This Act may be cited as the
6 Omnibus Charitable Gaming Act.
7 Section 1-5. Legislative findings and intent.
8 (a) The General Assembly finds the following:
9 (1) Not-for-profit charitable organizations provide
10 important and necessary services to the people of the
11 State of Illinois with respect to educational and social
12 services.
13 (2) There is a need to provide methods of fund
14 raising to such not-for-profit organizations so as to
15 enable them to meet their stated charitable and social
16 purposes.
17 (3) Uniform regulation for the conduct of
18 standardized games of chance is in the best interests of
19 not-for-profit organizations and the people of the State
20 of Illinois.
21 (4) Authorization for such not-for-profit
22 organizations to conduct charitable games as provided in
23 this Act is in the best interests of and will benefit the
24 people of the State of Illinois.
25 (b) It is the purpose and intent of this Act to do the
26 following:
27 (1) Permit not-for-profit organizations to conduct
28 charitable games only in compliance with the provisions
29 of this Act.
30 (2) Reaffirm that gambling in Illinois, unless
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1 specifically authorized, is not to be allowed.
2 Section 1-10. Applicability. Unless otherwise specified
3 in another Section of this Act, the provisions of each
4 Section or subsection of this Act apply to all of the taxes
5 imposed under Article 35.
6 ARTICLE 5. DEFINITIONS
7 Section 5-5. Definitions. As used in this Act:
8 "Act" means the Omnibus Charitable Gaming Act.
9 "Bingo" means a game where each player has a card or
10 board for which a consideration has been paid containing 5
11 horizontal rows of spaces, with each row except the central
12 one containing 5 figures, and with the central row containing
13 4 figures with the word "free" marked in the center space
14 thereof that a player wins by completing a preannounced
15 combination of spaces or, in the absence of a preannouncement
16 of a combination of spaces, any combination of 5 spaces in a
17 row, either vertical, horizontal, or diagonal. Bingo also
18 includes games that are as described in this definition
19 except for the use of cards where the figures are not
20 preprinted but are filled in by the players.
21 "Charitable games" means the games licensed for play
22 under this Act, including bingo, pull tabs, and jar games and
23 the games authorized to be played at Las Vegas Nights events.
24 "Charitable organization" means an organization or
25 institution with 15 or more members that is organized and
26 operated to benefit an indefinite number of persons in the
27 public and that has been found to meet financial criteria
28 established by rule by the Department.
29 "Deal" means, for purposes of pull tabs and jar games, a
30 separate package, series of packages, card, or tipboard
31 consisting of one game of pull tabs with the same serial
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1 number purchased from a licensed manufacturer or supplier.
2 "Department" means the Illinois Department of Revenue.
3 "Educational organization" means an organization or
4 institution organized and operated to provide systematic
5 instruction in useful branches of learning by methods common
6 to schools and institutions of learning that compare
7 favorably in their scope and intensity with the course of
8 study presented in tax-supported schools.
9 "Electronic gaming device" means any mechanical,
10 electrical device or machine that, upon payment of
11 consideration, including money, chips, scrip, or play money,
12 is available to play or operate, operation of which, whether
13 by reason of the skill of the operator, or application of the
14 element of chance, or both, may deliver or entitle the person
15 playing or operating the machine to receive money, premiums,
16 merchandise, tokens, redeemable game credits, or anything of
17 value other than unredeemable free games, whether the payoff
18 is made automatically from the machine or in any other
19 manner. "Electronic gaming device" does not include a machine
20 that dispenses pull tabs or jar games tickets or cards.
21 "Flare" means a posted display setting forth the rules
22 and prizes of a particular deal of pull tabs.
23 "Fraternal organization" for purposes of obtaining a Las
24 Vegas Nights events license, means a civic, service, or
25 charitable organization in this State, except a college or
26 high school fraternity or sorority, not for pecuniary profit,
27 that is a branch, lodge, or chapter of a national or State
28 organization and exists for the common business, brotherhood,
29 or other interest of its members and to benefit the general
30 public on a continuing and consistent basis. For purposes
31 of obtaining a bingo or pull tabs license, "fraternal
32 organization" means an organization of persons, including but
33 not limited to ethnic organizations having a common interest,
34 organized and operated exclusively to promote the welfare of
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1 its members and to benefit the general public on a continuing
2 and consistent basis. A fraternal organization seeking
3 licensure under this Act must meet criteria established by
4 Department rules regarding the manner and extent to which it
5 benefits the public on a continuing and consistent basis.
6 "Labor organization" means an organization composed of
7 labor unions or workers organized with the objective of
8 betterment of the conditions of those engaged in such pursuit
9 and the development of a higher degree of efficiency in their
10 respective occupations.
11 "Las Vegas Nights games" means and is limited to the
12 following games: (i) roulette; (ii) blackjack; (iii) poker;
13 (iv) craps; (v) bang; (vi) beat the dealer; (vii) big six;
14 (viii) gin rummy; (ix) five card stud poker; (x)
15 chuck-a-luck; (xi) keno; (xii) hold-em poker; and (xiii)
16 prize wheel. Las Vegas Nights games do not include any of
17 the games listed in items (i) through (xiii) of this
18 definition when played on an electronic gaming device, except
19 as authorized by Department rule.
20 "Licensed organization" means an organization holding a
21 valid, unrevoked license from the Department to conduct
22 charitable games.
23 "Licensee" means any of the various persons holding a
24 license under this Act, including organizations licensed to
25 conduct charitable games or suppliers, manufacturers, or
26 providers licensed under this Act.
27 "Non-profit organization" means an organization or
28 institution organized and conducted on a not-for-profit basis
29 with no personal profit inuring to any person as a result of
30 the operation.
31 "Organization" means a corporation, limited liability
32 company, agency, partnership, association, firm, or other
33 entity consisting of 2 or more persons joined by a common
34 interest or purpose.
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1 "Participation in the operation and management of
2 charitable games", for purposes of Las Vegas Nights events,
3 means, but is not limited to, (1) selling admission tickets
4 at the event; (2) selling, redeeming, or in any way assisting
5 in the selling or redeeming of chips; or (3) participating in
6 the conduct of any game played at the event or acting as a
7 supervisor or pit boss of a person conducting the games.
8 Conducting a game includes, but is not limited to, dealing
9 cards in poker or other card games, spinning a roulette
10 wheel, turning a chuck-a-luck cage, selling keno cards,
11 announcing keno winners, and acting as a croupier.
12 Participation in the management or operation of games also
13 includes persons who, at any time during the hours of the Las
14 Vegas Nights event, count or handle or supervise anyone who
15 counts or handles any of the proceeds or chips at an event. A
16 person who is present to ensure that games are being
17 conducted in conformance with the rules established by the
18 licensed organization or is present to ensure that the
19 equipment is working properly is also considered to be
20 participating in the management or operation of the games.
21 Setting up, cleaning up, selling food and drink, and
22 providing security either for persons or property at events
23 (other than for Las Vegas Nights equipment and money, chips,
24 or scrip used in the conducting of Las Vegas Nights games),
25 do not constitute, in and of themselves, participation in the
26 management and operation of the games.
27 "Participation in the operation and management of
28 charitable games", for purposes of bingo and pull tabs and
29 jar games, includes, but is not limited to, selling bingo
30 cards, drawing and announcing bingo numbers and winners, and
31 selling pull tabs and jar games tickets. Setting up,
32 cleaning up, selling food and drink, and providing security
33 either for persons or property at games do not constitute, in
34 and of themselves, participation in the management and
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1 operation of the games.
2 "Person" means an individual, trust, estate, partnership,
3 association, firm, company, corporation, limited liability
4 company, fiduciary, or any natural individual. It
5 specifically includes an officer, agent, or employee of a
6 corporation, member, agent, or employee of a partnership, or
7 a member, manager, employee, officer, director, or agent of a
8 limited liability company.
9 "Pull tabs and jar games" means a game using
10 single-folded or banded tickets or a card, the face of which
11 is initially covered or otherwise hidden from view in order
12 to conceal a number, symbol, or set of symbols, some of which
13 are winners. Each winning pull tab, card, or ticket shall be
14 predetermined. Players with winning cards or tickets receive
15 a prize stated on a promotional display or "flare". "Pull
16 tabs and jar games" also means a game in which prizes are won
17 by pulling a tab, card, or ticket from a board thereby
18 revealing a number that corresponds to the number for a given
19 prize.
20 "Pull tabs and jar games" does not include the following:
21 numbers, policy, bolita or similar games, dice, slot
22 machines, bookmaking or wagering pools with respect to a
23 sporting event, the game commonly known as punch boards, or
24 any other game or activity not expressly defined in this
25 Section.
26 "Qualified person" means a person who is reported to the
27 Department by a licensed organization as a member, employee,
28 or volunteer of the licensed organization who will
29 participate in the management and operation of charitable
30 games.
31 "Qualified organization," for purposes of applicants
32 seeking a Las Vegas Nights license, means a charitable,
33 religious, fraternal, veterans, labor, or educational
34 organization or institution organized and conducted on a
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1 not-for-profit basis with no personal profit inuring to
2 anyone as a result of the operation and that is exempt from
3 federal income taxation under Sections 501 (c)(3), 501
4 (c)(4), 501 (c)(5), 501 (c)(8), 501 (c)(10) or 501 (c)(19) of
5 the Internal Revenue Code. It also includes a veterans'
6 organization as defined in this Act, organized and operated
7 on a not-for-profit basis with no personal profit inuring to
8 any person as a result of the operation and an auxiliary
9 organization of a veterans organization.
10 "Religious organization" means any church, congregation,
11 society, or organization founded for the purpose of religious
12 worship.
13 "Senior citizens' organization" means an organization or
14 association comprised of members substantially all of which
15 are individuals who are senior citizens, as defined in the
16 Illinois Act on the Aging, the primary purpose of which is to
17 promote the welfare of its members.
18 "Sponsoring organization" means a qualified organization
19 that has obtained a license to conduct charitable games in
20 conformance with this Act.
21 "Veterans' organization" means an organization comprised
22 of members substantially all of which are individuals who are
23 veterans or spouses, widows, or widowers of veterans, the
24 primary purpose of which is to promote the welfare of its
25 members and to provide assistance to the general public in
26 such a way as to confer a public benefit. All veterans'
27 organizations seeking licensure under this Act must meet
28 criteria established by Department rules regarding the manner
29 and extent to which they provide public benefits.
30 "Volunteer" means a person recruited by a licensed
31 organization who voluntarily performs services at a
32 charitable games event, including participation in the
33 management or operation of a game, as defined in this
34 Section.
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1 "Youth athletic organization" means an organization
2 having as its exclusive purpose the promotion and provision
3 of athletic activities for youths aged 18 and under.
4 ARTICLE 10. LICENSES
5 Section 10-5. Pull tabs and jar games license.
6 (a) The Department of Revenue, upon application made and
7 filed under penalty of perjury on forms prescribed by the
8 Department, upon the payment of a nonrefundable fee of
9 $1,500, and upon a determination by the Department that the
10 applicant meets all of the qualifications specified in this
11 Section, shall issue a license to conduct pull tabs and jar
12 games. If the entire fee is not submitted at the time of
13 application, it may be paid in accordance with a payment
14 schedule established by rule by the Department. The
15 Department is authorized to issue a license to conduct pull
16 tabs and jar games to any of the following:
17 (1) A local fraternal mutual benefit organization
18 chartered at least 40 years before it applies for a
19 license under this Act.
20 (2) Any bona fide religious, charitable, labor,
21 fraternal, youth athletic, senior citizen, educational,
22 or veterans' organization organized in Illinois that
23 operates without profit to its members, that has been in
24 existence in Illinois continuously for a period of 5
25 years immediately before making application for a
26 license, and that has had during that 5 year period a
27 bona fide membership engaged in carrying out its objects.
28 However, the 5 year requirement shall be reduced to 2
29 years as applied to a local organization that is
30 affiliated with and chartered by a national organization
31 that meets the 5 year requirement.
32 Each license shall be in effect for 3 years from its date
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1 of issuance unless suspended or revoked by Department action
2 before that date. A licensee may hold only one license, which
3 shall be valid only for the locations specified on the
4 license.
5 (b) The Department may, upon written request signed by
6 an officer of the applicant organization, issue a special
7 permit to a licensed organization to sell pull tabs or jar
8 games at other premises for a period not exceeding 7
9 consecutive days. A special permit shall be displayed at the
10 site of any pull tabs or jar games authorized by the permit.
11 No more than 2 special permits may be issued to any one
12 organization during the pendency of that organization's
13 regular license year.
14 (c) For purposes of a pull tabs and jar games license,
15 an organization qualified for a license but not holding one
16 may, upon application signed under penalty of perjury and
17 upon payment of a fee of $50, receive a limited license to
18 conduct pull tabs or jar games at no more than 2 indoor or
19 outdoor festivals in a year for a maximum of 5 days on each
20 occasion. Such limited license shall be prominently displayed
21 at the site of the pull tabs or jar games.
22 (d) The Department shall license suppliers and
23 manufacturers of pull tabs and jar games at a nonrefundable
24 annual fee of $5,000. License applications shall contain the
25 information required by Department rule and shall be signed
26 by the applicant under penalty of perjury. Suppliers and
27 manufacturers shall meet the requirements and qualifications
28 established by Department rule. Licensed manufacturers shall
29 sell pull tabs and jar games only to licensed suppliers.
30 Licensed suppliers shall buy pull tabs and jar games only
31 from licensed manufacturers and shall sell pull tabs and jar
32 games only to licensed organizations. Licensed organizations
33 shall buy pull tabs and jar games only from licensed
34 suppliers.
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1 The Department of Revenue shall adopt by rule minimum
2 quality production standards for pull tabs and jar games. In
3 determining such standards, the Department shall consider the
4 standards adopted by the National Association of Gambling
5 Regulatory Agencies and the National Association of
6 Fundraising Ticket Manufacturers. Such standards shall
7 include the name of the supplier, which shall appear in plain
8 view to the casual observer on the face side of each pull tab
9 ticket and on each jar game ticket. The pull tab ticket
10 shall contain the name of the game, the form number, the
11 selling price of the ticket, the amount of the prize, the
12 serial number of the game, and the month and year of
13 manufacture. The back side of a pull tab ticket shall
14 contain a series of perforated tabs marked "open here". The
15 logo of the manufacturer shall be clearly visible on each jar
16 game ticket.
17 All imprinting of pull tabs and jar games tickets must be
18 performed at the manufacturer's premises. Manufacturers or
19 suppliers may not sell pull tabs or jar games tickets to any
20 person in Illinois unless the words, "For Sale in Illinois
21 Only" appear on each ticket or card. Licensed suppliers shall
22 not possess pull tabs or jar games tickets that are not
23 stamped as provided in this Section and that are not marked
24 "For Sale in Illinois Only". Possession of unmarked pull tabs
25 or jar games tickets by any person in Illinois constitutes a
26 violation of this Act. Each pull tab and jar game flare and
27 each tipboard shall be imprinted with a bar code that
28 provides the following:
29 (1) the name of the game;
30 (2) the form number;
31 (3) the serial number of the game;
32 (4) the name of the manufacturer;
33 (5) the month and year of manufacture;
34 (6) the number of tickets in the deal;
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1 (7) the odds of winning each prize in the deal;
2 (8) the selling price of the ticket;
3 (9) the amount of the prize; and
4 (10) other information required by Department rule.
5 Affixed to each pull tabs package, jar games bag, or
6 tipboard that constitutes a deal shall also be a bar code
7 with the information required in items (1) through (10) of
8 this subsection (d) that is capable of being removed and
9 attached to the informational report required by Section
10 35-5(c) of this Act.
11 The serial number included in the bar code must be the
12 same as the serial number of the tickets or cards included in
13 the deal. A manufacturer who manufactures a deal of pull
14 tabs or jar games tickets must affix to the outside of the
15 box containing that game the same bar code that is imprinted
16 at the bottom of the flare for that deal.
17 No person may alter the bar code that appears on the
18 outside of the box containing a deal of pull tabs or jar
19 games tickets. Possession of a box containing a deal of pull
20 tabs or jar games tickets that has a bar code different from
21 the bar code of the deal inside the box is prima facie
22 evidence that the possessor has altered the bar code on the
23 box.
24 The manufacturer shall affix to each deal, clearly
25 visible on each flare under the wrapping surrounding the deal
26 or, in the case of a tipboard, on the face of the tipboard, a
27 registration stamp purchased from the Department. Sale or
28 possession of pull tabs, jar games, or tipboard tickets
29 without required stamps constitutes a violation of this Act.
30 A supplier may not sell, transfer, furnish, or otherwise
31 provide to a person, organization, or other supplier, and no
32 person, organization, or other supplier may purchase, borrow,
33 accept, or acquire from a supplier pull tabs, or jar games,
34 or tipboard tickets unless the pull tabs, jar games, or
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1 tipboard tickets have been registered with the Department and
2 have a registration stamp affixed. The Department shall
3 charge a fee of 5 cents for each stamp. Each stamp must bear
4 a registration number assigned by the Department. A
5 manufacturer is entitled to a refund for unused stamps and
6 replacement for stamps that are defective or canceled by the
7 manufacturer.
8 All pull tabs and jar games tickets sold by licensed
9 manufacturers must be submitted to the Department prior to
10 sale for preapproval. The Department shall establish by rule
11 standards for approval of such games. The sale or use of
12 unapproved tickets constitutes a violation of this Act.
13 No employee, owner, or officer of a supplier or
14 manufacturer may participate in the management or operation
15 of pull tabs or jar games, even if the employee, owner, or
16 officer is also a member, volunteer, or employee of the
17 organization licensed to sell pull tabs and jar games
18 tickets. Suppliers and manufacturers may not promote or
19 solicit pull tabs and jar games on behalf of a licensed
20 organization or organization that is eligible to receive a
21 license.
22 The Department of Revenue shall adopt rules necessary to
23 provide for the proper accounting and control of activities
24 under this Act and to prevent illegal activity associated
25 with the use of pull tabs and jar games.
26 License fees paid to the Department under this Section
27 shall be deposited as follows:
28 (1) Fifty percent shall be deposited in the Common
29 School Fund; and
30 (2) Fifty percent shall be deposited in the Illinois
31 Gaming Law Enforcement Fund. Of the moneys deposited in the
32 Illinois Gaming Law Enforcement Fund under this Section, the
33 General Assembly shall appropriate two-thirds to the
34 Department of Revenue, Department of State Police, and the
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1 Office of the Attorney General for State law enforcement
2 purposes, and one-third shall be appropriated to the
3 Department of Revenue for the purpose of distribution in the
4 form of grants to counties or municipalities for law
5 enforcement purposes. The amounts of grants to counties or
6 municipalities shall bear the same ratio as the number of
7 licenses issued in counties or municipalities bears to the
8 total number of licenses issued in the State. In computing
9 the number of licenses issued in a county, licenses issued
10 for locations within a municipality's boundaries shall be
11 excluded.
12 Section 10-10. Bingo license.
13 (a) The Department of Revenue, upon application made and
14 filed under penalty of perjury on forms prescribed by the
15 Department, upon the payment of a nonrefundable fee of $600,
16 and upon a determination by the Department that the applicant
17 meets all of the qualifications specified in this Section,
18 shall issue a license for the conduct of bingo. If the
19 entire fee is not submitted at the time of application, it
20 may be paid in accordance with a payment schedule established
21 by rule by the Department. The Department is authorized to
22 issue a license to conduct bingo to any local fraternal
23 mutual benefit organization chartered at least 40 years
24 before it applies for a license under this Act or any bona
25 fide religious, charitable, labor, fraternal, youth athletic,
26 senior citizen, educational, or veterans' organization
27 organized in Illinois that operates without profit to its
28 members, that has been in existence in Illinois continuously
29 for a period of 5 years immediately before making application
30 for a license, and that has had during that 5 year period a
31 bona fide membership engaged in carrying out its objects.
32 However, the 5 year requirement shall be reduced to 2 years
33 as applied to a local organization that is affiliated with
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1 and chartered by a national organization that meets the 5
2 year requirement.
3 Each license shall be in effect for 3 years from its date
4 of issuance unless suspended or revoked by Department action
5 before that date. A licensee may hold only one license and
6 that license shall be valid for only one location.
7 (b) The Department, upon special application made and
8 filed under penalty of perjury on forms prescribed by the
9 Department, may issue a special permit for conducting bingo
10 at other premises and on other days not exceeding 7
11 consecutive days, except that a licensee may conduct bingo at
12 the Illinois State Fair or any county fair held in Illinois
13 during each day that the fair is in effect. Bingo games
14 conducted at the Illinois State Fair or a county fair shall
15 not require a special permit. No more than 2 special permits
16 may be issued in one year to any one organization.
17 (c) Any organization qualified for a license but not
18 holding one upon application made under penalty of perjury on
19 forms prescribed by the Department and payment of a
20 nonrefundable $50 fee may receive a limited license to
21 conduct bingo at no more than 2 indoor or outdoor festivals
22 in a year for a maximum of 5 days on each occasion. Such
23 limited license shall be prominently displayed at the site of
24 the bingo games.
25 (d) The Department, upon application made under penalty
26 of perjury on forms prescribed by the Department, may issue
27 restricted licenses to senior citizens' organizations. The
28 nonrefundable fee for a restricted license is $10 per year.
29 Restricted licenses shall be subject to the following
30 conditions:
31 (1) Bingo shall be conducted only at a facility
32 that is owned by a unit of local government to which the
33 corporate authorities have given their approval and that
34 is used to provide social services or a meeting place to
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1 senior citizens, or in common areas in multi-unit
2 federally assisted rental housing maintained solely for
3 the elderly and handicapped.
4 (2) The price paid for a single card shall not
5 exceed 5 cents.
6 (3) The aggregate retail value of all prizes or
7 merchandise awarded in any one game of bingo shall not
8 exceed one dollar.
9 (4) No person or organization shall participate in
10 the management or operation of bingo under a restricted
11 license if the person or organization would be ineligible
12 for a license under this Section.
13 (5) No license is required to provide premises for
14 bingo conducted under a restricted license.
15 (6) The Department may, by rule, exempt restricted
16 licensees from requirements of this Act that the
17 Department may deem appropriate.
18 (e) The Department, upon application made and filed
19 under penalty of perjury on forms prescribed by the
20 Department and upon payment of an annual nonrefundable fee of
21 $200, shall issue a license permitting a person to sell,
22 lease, or distribute all cards, boards, sheets, pads, and
23 other equipment designed for use in the play of bingo. No
24 person shall sell, lease, or distribute bingo supplies or
25 equipment without having first obtained a license therefor.
26 Persons holding a bingo provider's license are ineligible to
27 receive a bingo supplier's license. A supplier's license is
28 valid for one year from the date of issuance, unless
29 suspended or revoked by Department action before that date.
30 A license authorizes a supplier to sell bingo supplies or
31 equipment to any organization licensed to conduct bingo games
32 or to any licensed bingo supplier. Sales of bingo supplies
33 or equipment to nonlicensed persons are authorized, provided
34 that all such sales are reported to the Department.
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1 Organizations licensed to conduct bingo games shall purchase,
2 lease, or otherwise obtain bingo supplies or equipment only
3 from licensed suppliers.
4 No employee, owner, or officer of a supplier may
5 participate in the management or operation of a bingo game,
6 even if the employee, owner, or officer is also a member,
7 volunteer, or employee of the licensee. A supplier may not
8 promote or solicit a bingo game on behalf of a licensee or
9 qualified organization.
10 (f) The Department, upon application made and filed
11 under penalty of perjury on forms prescribed by the
12 Department and upon payment of an annual nonrefundable fee of
13 $200, shall issue a provider's license permitting a person
14 to provide premises for the conduct of bingo. Such license
15 shall also authorize the provider to lease or lend blowers
16 and display boards to organizations licensed to conduct bingo
17 games. A municipality shall not be required to obtain a
18 license to provide such premises. No license is required to
19 provide premises for bingo conducted under a restricted
20 license. An organization qualified to receive a bingo license
21 need not obtain a provider's license if bingo games will be
22 conducted on the organization's premises. However, if it
23 will rent premises to separately licensed organizations, it
24 must apply for and obtain a provider's license from the
25 Department.
26 A provider's license authorizes a provider to provide a
27 premises for no more than 5 bingo sessions per week. No more
28 than 2 bingo sessions may be conducted on a premises during
29 any day. A person holding a provider's license may receive
30 reasonable expenses for providing premises for conducting
31 bingo. Reasonable expenses shall include only those expenses
32 defined as reasonable by rules promulgated by the Department.
33 However, in no event may the rent for bingo premises,
34 including rental for blowers and display boards, exceed $700
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1 per session. Separate rent charged for organizations to sell
2 pull tabs on the same premises is prohibited.
3 A licensee may rent a premises on which to conduct bingo
4 only from a person licensed as a provider of premises.
5 Licensed providers may rent premises only to organizations
6 that possess valid licenses issued by the Department. If the
7 person providing the premises is a metropolitan exposition,
8 auditorium, and office building authority created by State
9 law, a licensee may enter into a rental agreement with that
10 person authorizing the licensee and that person to share the
11 gross proceeds of bingo games; however, the metropolitan
12 exposition, auditorium, or office building authority created
13 by State law shall not receive more than 50% of the gross
14 proceeds.
15 A provider shall not have any interest in any supplier's
16 business, either direct or indirect. No employee, officer,
17 or owner of a provider may participate in the management or
18 operation of a bingo session, even if the employee, officer,
19 or owner is also a member, volunteer, or employee of the
20 bingo licensee. A provider may not promote or solicit a
21 bingo game on behalf of a bingo licensee or person qualified
22 to receive a bingo license.
23 (g) The proceeds from the bingo license fees imposed by
24 this Act shall be paid into the General Revenue Fund of the
25 State Treasury.
26 Section 10-15. Las Vegas Nights events license.
27 (a) The Department of Revenue, upon application made and
28 filed under penalty of perjury on forms prescribed by the
29 Department, upon the payment of an annual nonrefundable fee
30 of $200, and upon a determination by the Department that the
31 applicant meets all of the qualifications specified in this
32 Section, shall issue a Las Vegas Nights events license for
33 the conducting of Las Vegas Nights games to any of the
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1 following:
2 (1) Any local fraternal mutual benefit organization
3 chartered at least 40 years before it applies for a
4 license under this Act.
5 (2) Any qualified organization organized in
6 Illinois that operates without profit to its members that
7 has been in existence in Illinois continuously for a
8 period of 5 years immediately before making application
9 for a license and that has had during that 5 year period
10 a bona fide membership engaged in carrying out its
11 objects. However, the 5 year requirement shall be
12 reduced to 2 years as applied to a local organization
13 that is affiliated with and chartered by a national
14 organization that meets the 5 year requirement. The
15 period of existence specified in this item (2) shall not
16 apply to a qualified organization, organized for
17 charitable purpose and created by a fraternal
18 organization that meets the existence requirements if the
19 charitable organization has the same officers and
20 directors as the fraternal organization. Only one
21 charitable organization created by a branch, lodge, or
22 chapter of a fraternal organization may be licensed under
23 this item (2).
24 Each license shall be in effect for one year from its
25 date of issuance unless suspended or revoked by Department
26 action before that date. A licensee may hold only one
27 license. Each license must be applied for at least 30 days
28 prior to the night or nights the licensee wishes to conduct
29 an event.
30 (b) If a licensee wishes to conduct Las Vegas Nights
31 games at a location other than the locations originally
32 specified in the license or if the licensee wishes to change
33 established event dates or times, the licensee shall notify
34 the Department in writing of the proposed alternate location
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1 or alternate dates or times at least 60 days in advance of
2 the rescheduled event. Any amendment to a license, including
3 a change in date, time, or location, is subject to a $50
4 nonrefundable amendment fee.
5 (c) The Department, upon application made and filed
6 under penalty of perjury on forms prescribed by the
7 Department and upon a nonrefundable annual fee of $500, shall
8 issue a supplier's license permitting a person to sell,
9 lease, lend, or distribute to any organization licensed to
10 conduct Las Vegas Nights events, supplies, devices, and other
11 equipment designed for use in the playing of Las Vegas Nights
12 games. No person shall sell, lease, or distribute Las Vegas
13 Nights games supplies or equipment without having first
14 obtained a license from the Department. Each license shall be
15 valid for a period of one year from the date of issuance,
16 unless suspended or revoked by Department action before that
17 date. A licensed supplier may, as authorized by Department
18 rule, lend, lease, or distribute equipment to nonlicensed
19 persons solely for promotional or cinematic purposes. A
20 licensed supplier shall obtain approval for such use of
21 equipment at least 10 days prior to the promotional or
22 cinematic event.
23 The Department may require by rule for the provision of
24 surety bonds by suppliers. A supplier shall furnish the
25 Department with a list of all products and equipment offered
26 for sale or lease to any organization licensed to conduct
27 charitable games, and all such products and equipment shall
28 be sold or leased at the prices on file with the Department.
29 A supplier shall keep all such products and equipment
30 segregated and separate from any other products, materials,
31 or equipment that it might own, sell, or lease. A supplier
32 must include in its application for a license the exact
33 location of the storage of the products, materials, or
34 equipment. A supplier, as a condition of licensure, must
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1 consent to permitting the Department's employees to enter
2 supplier's premises to inspect and test all equipment and
3 devices. A supplier shall keep books and records for the
4 furnishing of products and equipment to charitable games
5 separate and distinct from any other business the supplier
6 might operate. All products and equipment supplied must be
7 in accord with the Department's rules. A supplier shall not
8 alter or modify any equipment or supplies or possess any
9 equipment or supplies so altered or modified so as to allow
10 the possessor or operator of the equipment to obtain a
11 greater chance of winning a game other than as under normal
12 rules of play of such games. The supplier shall not receive
13 a percentage of the proceeds from a Las Vegas Nights game for
14 the use of the products or equipment. The supplier shall file
15 a quarterly return with the Department listing all sales or
16 leases for that quarter and the gross proceeds from such
17 sales or leases. A supplier shall permanently affix its name
18 to all charitable games equipment, supplies, and pull tabs.
19 A supplier shall not have any interest in any providers'
20 business, either direct or indirect. If the supplier leases
21 his equipment for use at unlicensed charitable games or to an
22 unlicensed sponsoring organization, all equipment so leased
23 shall be forfeited to the State.
24 Organizations licensed to conduct Las Vegas Nights events
25 may own their own equipment. Such organizations must apply
26 to the Department for an ownership permit. Application for a
27 permit must be filed under penalty of perjury on forms
28 prescribed by the Department, and must be accompanied by a
29 $50 nonrefundable license fee. Such organizations shall file
30 an annual report listing their inventory of Las Vegas Nights
31 games equipment. Such organizations may lend such equipment
32 without compensation to other licensed organizations without
33 applying for a supplier's license.
34 No employee, owner, or officer of a supplier may
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1 participate in the management or operation of a Las Vegas
2 Nights event, even if the employee, owner, or officer is also
3 a member, volunteer, or employee of the Las Vegas Nights
4 licensee. A supplier may not promote or solicit a Las Vegas
5 Nights event on behalf of a Las Vegas Nights licensee or
6 qualified organization.
7 (d) The Department, upon application made and filed
8 under penalty of perjury on forms prescribed by the
9 Department and upon payment of an annual nonrefundable fee of
10 $50 shall issue a provider's license permitting a person to
11 provide premises for the conduct of Las Vegas Nights. No
12 person may rent or otherwise provide premises without having
13 first obtained a license from the Department. Each
14 provider's license is valid for one year from the date of
15 issuance, unless suspended or revoked by Department action
16 before that date. A provider may receive reasonable
17 compensation for the provision of the premises. Reasonable
18 expenses shall include only those expenses defined as
19 reasonable by rules promulgated by the Department. The
20 compensation shall not be based upon a percentage of the
21 gross proceeds from the Las Vegas Nights games. A provider,
22 other than a municipality, may not provide the same premises
23 for conducting more than 8 Las Vegas Nights per calendar
24 year. A provider shall not have any interest in any
25 supplier's business, either direct or indirect. A
26 municipality may provide the same premises for conducting 16
27 Las Vegas Nights during a 12-month period. No employee,
28 officer, or owner of a provider may participate in the
29 management or operation of a Las Vegas Nights event, even if
30 the employee, officer, or owner is also a member, volunteer,
31 or employee of the Las Vegas Nights licensee. A provider may
32 not promote or solicit a Las Vegas Nights event on behalf of
33 a Las Vegas Nights licensee or qualified organization. Any
34 qualified organization licensed to conduct a Las Vegas Nights
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1 event need not obtain a provider's license if such events are
2 to be conducted on the organization's premises.
3 If a licensee conducts a Las Vegas Nights event on its
4 own premises, the licensee may also obtain a provider's
5 license to allow the licensee to rent or otherwise provide
6 its premises to another licensee for the conducting of an
7 additional 4 Las Vegas Nights events. The maximum number of
8 events that may be held at any one premises is limited to 8
9 Las Vegas Nights events per calendar year.
10 Unless the provider of the premises is a municipality,
11 the provider of the premises may not rent or otherwise
12 provide the premises for the conducting of more than 8 Las
13 Vegas Nights events per calendar year.
14 (e) The proceeds from the Las Vegas Nights events
15 license fees imposed by this Act shall be paid into the
16 Illinois Gaming Law Enforcement Fund of the State Treasury.
17 ARTICLE 15. INELIGIBLE PERSONS
18 Section 15-5. Ineligible persons.
19 (a) The following are ineligible for any license under
20 this Act:
21 (1) A person who has been convicted of a felony
22 within 10 years of the date of the application.
23 (2) A person who has been convicted of a violation
24 of Article 28 of the Criminal Code of 1961.
25 (3) A person who has had a bingo, pull tabs, or Las
26 Vegas Nights events license revoked by the Department.
27 (4) A person who is or has been a professional
28 gambler.
29 (5) A person found gambling in a manner not
30 authorized by this Act, participating in such gambling or
31 knowingly permitting such gambling on premises where an
32 authorized charitable games event has been conducted.
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1 (6) A business or organization in which a person
2 defined in items (1), (2), (3), (4), or (5) of this
3 subsection (a) has a proprietary, equitable, or credit
4 interest, or in which the person is active or employed.
5 (7) A business or organization in which a person
6 defined in item (1), (2), (3), (4), or (5) of this
7 subsection (a) is an officer, director, or employee,
8 whether compensated or not.
9 (8) An organization in which a person defined in
10 item (1), (2), (3), (4), or (5) of this subsection (a) is
11 to participate in the management or operation of Las
12 Vegas Nights events, pull tabs or bingo.
13 (9) A person or organization who has knowingly
14 submitted an application, supporting documentation,
15 return or report containing statements that the person or
16 organization knows or should know to be false.
17 (10) An unlicensed organization engaging in any
18 activities required to be licensed under this Act.
19 (b) The ineligibility of an organization under items
20 (6), (7) or (8) of subsection (a) above shall continue so
21 long as any person defined in item (1), (2), (3), (4) or (5)
22 of subsection (a) maintains with the person or organization a
23 relationship causing ineligibility. The ineligibility of a
24 person or organization under item (10) of subsection (a)
25 shall last for a period of 5 years from the date the
26 unlicensed activities were discontinued. The ineligibility of
27 a person or organization under item (9) of subsection (a)
28 shall last for a period of not less than 6 months and no more
29 than one year. The Department shall not renew a license that
30 has expired during the pendency of revocation, suspension, or
31 penalty hearings. Upon completion of the hearing, the
32 licensee shall submit a new application.
33 (c) The Department of State Police shall provide the
34 criminal background of any person requested by the Department
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1 of Revenue.
2 ARTICLE 20. BOND OR SECURITY; DEPOSIT
3 Section 20-5. Bond or security; deposit. The provisions
4 of Section 2a of the Retailers' Occupation Tax Act pertaining
5 to the furnishing of a bond or other security are
6 incorporated by reference into this Act and are applicable to
7 licensees under this Act as a precondition of obtaining a
8 license under this Act. The Department shall establish by
9 rule the standards and criteria it will use in determining
10 whether to require the furnishing of a bond or other
11 security, the amount of such bond or other security, whether
12 to require the furnishing of an additional bond or other
13 security by a licensee, and the amount of such additional
14 bond or other security. Such standards and criteria may
15 include payment history, general financial condition, or
16 other factors that may pose risks to insuring the payment to
17 the Department of Revenue of applicable taxes. Such
18 rulemaking is subject to the provisions of the Illinois
19 Administrative Procedure Act.
20 ARTICLE 25. LICENSING RESTRICTIONS
21 Section 25-5. Licensing restrictions. (a) All licenses
22 issued under this Act are subject to the following
23 restrictions.
24 (1) Any change in officers, directors, partners, or
25 stockholders or partners owning at least 10% of the
26 shares of a corporate or partnership licensee must be
27 reported to the Department in writing within 30 days of
28 the change. A new application must be submitted to the
29 Department upon any change in officers, directors,
30 partners, or stockholders owning more than 10% of the
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1 shares of a corporate or partnership licensee.
2 (2) A license is not assignable or transferable.
3 (3) A licensee shall consent to allowing the
4 Department's employees to be present on the premises in
5 which the charitable games are conducted and to inspect
6 or test equipment, devices, and supplies used in the
7 conduct of the games.
8 (4) The payment of tax or a license fee by a check
9 that for any reason is not promptly paid by the drawer
10 bank shall be grounds for immediate denial of a new
11 license, denial of a renewal application, or suspension
12 of any current license issued under this Act. If a
13 license is denied under this Section, a new application
14 must be submitted with fees payable only by certified
15 check, money order, or cash.
16 (5) It is the policy of the Department to mail a
17 renewal application at least 8 months prior to the
18 expiration of the license. If a completed renewal
19 application is not received by the Department within 6
20 months prior to the expiration of the license, the
21 licensee shall not be permitted to continue to operate
22 once the current license has expired.
23 (b) Licenses issued to conduct charitable games are
24 subject to the following restrictions:
25 (1) The license application when submitted to the
26 Department must contain a sworn statement attesting to
27 the not-for-profit character of the prospective licensee
28 organization signed by the presiding officer and the
29 secretary of that organization. Any willful
30 misstatements contained in the application constitute
31 perjury.
32 (2) For purposes of a Las Vegas Nights events
33 license, the application shall also contain the name of
34 the person in charge of and primarily responsible for the
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1 conduct of the Las Vegas Nights games. The person so
2 designated shall be present on the premises continuously
3 during the games.
4 (3) The application for license shall be prepared
5 by the licensee organization or its duly authorized
6 representative in accordance with the rules of the
7 Department.
8 (4) The application for any license issued under
9 this Act shall contain a list of the names, addresses,
10 social security numbers, and dates of birth of all
11 persons who will participate in the management or
12 operation of the games along with a sworn statement made
13 under penalty of perjury signed by the presiding officer
14 and secretary of the applicant that the persons listed as
15 participating in the management or operation of the games
16 are either bona fide members, volunteers as defined in
17 Section 5-5, or employees of the applicant, who will
18 receive no remuneration or compensation, directly or
19 indirectly, from any source for participating in the
20 management or operation of the games, and, for purposes
21 of Las Vegas Nights events, that the persons have not
22 participated in the management or operation of more than
23 4 charitable games events conducted by any licensee in
24 the calendar year. Any amendment to this listing must be
25 submitted on forms prescribed by the Department and must
26 be received at least 3 business days before the scheduled
27 event and contain an identical sworn statement. If not
28 received within this time, the persons listed on the
29 supplemental list shall not be authorized to participate
30 in the management or operation of the charitable games.
31 (5) For purposes of a pull tabs and jar games
32 license, the licensee organization shall state in the
33 application for a pull tabs and jar games license whether
34 the licensee organization is using mechanical pull tab
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1 dispensing machines and, if so, how many are in the
2 possession of the licensee organization and how many are
3 being used. If a licensee organization at the time of
4 application does not possess any such mechanical pull tab
5 dispensing machines but at a later date acquires such
6 machines, the licensee organization shall notify the
7 Department in writing within 30 days of obtaining such
8 machines of the number of machines. The licensee
9 organization shall consent to allowing the Department's
10 employees to inspect or test such mechanical pull tab
11 dispensing machines during reasonable business hours.
12 (6) The application shall be signed by the
13 presiding officer and the secretary of the prospective
14 licensee organization, who shall attest under penalty of
15 perjury that the information contained in the application
16 is true, correct, and complete.
17 (7) For purposes of a pull tabs and jar games
18 license, each license shall state the location at which
19 the licensee is permitted to conduct pull tabs and jar
20 games.
21 (8) For purposes of a bingo license, each license
22 shall state which hours and day of the week and at what
23 location the licensee is permitted to conduct bingo.
24 (9) For purposes of a Las Vegas events license,
25 each license shall state which day of the week, which
26 hours and at which locations the licensee is permitted to
27 conduct Las Vegas Nights games.
28 (10) For purposes of a Las Vegas Nights events
29 license, each licensee shall file a copy of the license with
30 each police department prior to the scheduled event or, if in
31 an unincorporated area, each sheriff's office whose
32 jurisdiction includes the premises on which the Las Vegas
33 Nights games are authorized under the license.
34 (11) The licensee shall display the license in a
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1 prominent place in the area where it is to conduct pull
2 tabs and jar games, bingo, or Las Vegas Nights games.
3 (12) For purposes of a Las Vegas Nights events
4 license, each licensee shall obtain and maintain a bond
5 for the benefit of participants in games conducted by the
6 licensee to insure payment to the winners of such games.
7 Such bond shall be in an amount established by rule by
8 the Department of Revenue. The Department may waive the
9 bond requirement upon a showing by a licensee that it has
10 sufficient funds on deposit to insure payment to the
11 winners of such games.
12 (13) For purposes of a Las Vegas Nights events
13 license, unless the premises for conducting Las Vegas
14 Nights games are provided by a municipality, the
15 Department shall not issue a license permitting an
16 organization to sponsor a Las Vegas Nights event if the
17 premises for the conduct of the Las Vegas Nights games
18 has been previously used for 4 Las Vegas Nights events
19 during the current calendar year. However, up to 8 Las
20 Vegas Nights event per calendar year may be held in any
21 one premises if an organization licensed to conduct Las
22 Vegas Nights events on its own premises has also obtained
23 a Las Vegas Nights events provider's license in
24 accordance with Section 10-15. In this case, the maximum
25 number of Las Vegas Nights events that may be held in any
26 one premises is limited to 8 Las Vegas Nights events per
27 calendar year.
28 (14) For purposes of a Las Vegas Nights events
29 license, auxiliary organizations of a licensee shall not
30 be eligible for a license to conduct Las Vegas Nights
31 games, except for auxiliary organizations of veterans
32 organizations authorized in Section 5-5.
33 (15) Charitable games must be conducted in
34 accordance with local building and fire code
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1 requirements.
2 ARTICLE 30. CONDUCTING OF GAMES; RESTRICTIONS
3 Section 30-5. Conducting charitable games; restrictions.
4 The conduct of charitable games is subject to the following
5 restrictions:
6 (1) The entire net proceeds of any charitable games,
7 except as otherwise approved in this Act, must be exclusively
8 devoted to the lawful purposes of the organization permitted
9 to conduct those games.
10 (2) No person except a bona fide member, volunteer, or
11 employee of the sponsoring organization may participate in
12 the management or operation of charitable games. A person
13 who participates in the management or operation of the games
14 and who is not a bona fide member, volunteer, or employee of
15 the sponsoring organization, or who receives remuneration or
16 other compensation either directly or indirectly from any
17 source for participating in the management or operation of
18 the games commits a violation of this Act.
19 (3) No person may receive any remuneration or profit for
20 participating in the management or operation of charitable
21 games, except that if an organization licensed under this Act
22 to conduct bingo is associated with a school or other
23 educational institution, the school or institution may reduce
24 tuition or fees for a designated pupil based on participation
25 in the management or operation of the game by any member of
26 the organization. The extent to which tuition and fees are
27 reduced shall relate proportionately to the amount of time
28 volunteered by the member as determined by the school or
29 other educational institution.
30 (4) No person under the age of 18 years shall play or
31 participate in games under this Act. A person under the age
32 of 18 years may be within the area where charitable games are
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1 being conducted only when accompanied by his or her parent or
2 guardian.
3 (5) Use of electronic gaming devices to play charitable
4 games is prohibited, except by Department rule.
5 (6) No one other than the sponsoring organization of
6 charitable games shall have a proprietary interest in the
7 game promoted.
8 (7) Las Vegas Nights games may not be played between the
9 hours of 12:00 a.m. and noon.
10 (8) Each organization conducting charitable games shall
11 post signs with a statement regarding obtaining assistance
12 with gambling problems, the text of which shall be determined
13 by rule by the Department of Human Services as successor to
14 the Department of Alcoholism and Substance Abuse, at all
15 entrances and exits at the premises at which charitable games
16 are conducted by the organization. The signs shall be
17 provided by the Department of Human Services as successor to
18 Department of Alcoholism and Substance Abuse.
19 (9) Each organization conducting charitable games shall
20 print a statement regarding obtaining assistance with
21 gambling problems, the text of which shall be determined by
22 rule by the Department of Human Services as successor to the
23 Department of Alcoholism and Substance Abuse, on all paper
24 stock that it provides to the public.
25 (10) For purposes of pull tabs and jar games, the price
26 paid for a single chance or right to participate in a game
27 licensed under this Act shall not exceed $1. A single prize
28 shall not exceed $500. There shall be no more than 4,000
29 tickets in a game.
30 (11) For purposes of pull tabs and jar games, the
31 aggregate value of all prizes or merchandise awarded in any
32 single day of pull tabs and jar games shall not exceed
33 $2,250, except that in adjoining counties having 200,000 to
34 275,000 inhabitants each, and in counties that are adjacent
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1 to either of such adjoining counties and are adjacent to a
2 total of not more than 2 counties in this State, the value of
3 all prizes or merchandise awarded may not exceed $3,250 in a
4 single day.
5 (12) The sale of tangible personal property at
6 charitable games is subject to all State and local taxes and
7 obligations.
8 (13) Licensed raffles shall not be conducted on the
9 premises where charitable games are being conducted.
10 Gambling prohibited by law shall not be conducted on the
11 premises where charitable games are being conducted.
12 (14) For purposes of pull tabs and jar games, pull tabs
13 and jar games may be conducted only on a single premises
14 owned or occupied by a licensed organization and used by its
15 members as its principal place for general activities, on
16 premises owned or rented by such organization for conducting
17 its bingo games during the hours licensed for such games, or
18 as permitted in subsection (b) of Section 10-5.
19 (15) For purposes of bingo, the aggregate retail value
20 of all prizes or merchandise awarded in any single day of
21 bingo may not exceed $2,250, except that in adjoining
22 counties having 200,000 to 275,000 inhabitants each, and in
23 counties that are adjacent to either of such adjoining
24 counties and are adjacent to a total of not more than 2
25 counties in this State, and in any municipality having 2,500
26 or more inhabitants and within one mile of such adjoining and
27 adjacent counties having less than 25,000 inhabitants, 2
28 additional bingo games may be conducted after the $2,250
29 limit has been reached. The prize awarded for any one game
30 may not exceed $500 cash or its equivalent. Prizes awarded in
31 pull tabs and jar games shall not be included in the bingo
32 prize limitation.
33 (16) For purposes of bingo, there shall be a 2-hour
34 period between each bingo session during which no bingo games
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1 shall be conducted. "Bingo session" means a series of up to
2 25 bingo games, including the selling of cards, conducted by
3 a licensed organization.
4 (17) For purposes of bingo, the number of games may not
5 exceed 25 in any one day including regular and special games,
6 except that this restriction on the number of games shall not
7 apply to bingo conducted at the Illinois State Fair or any
8 county fair held in Illinois.
9 (18) For purposes of bingo, the price paid for a single
10 card under the license may not exceed $1 and such card is
11 valid for all regular games on that day of bingo. A maximum
12 of 5 special games may be held on each bingo day, except that
13 this restriction on the number of special games shall not
14 apply to bingo conducted at the Illinois State Fair or any
15 county fair held in Illinois. The price for a single special
16 game card may not exceed 50 cents.
17 (19) For purposes of bingo, the number of bingo days
18 conducted by a licensee under this Act is limited to one per
19 week, except as follows:
20 (A) Bingo may be conducted in accordance with the
21 terms of a special permit or limited license issued under
22 subsections (b) and (c) of Section 10-10.
23 (B) Bingo may be conducted at the Illinois State
24 Fair or any county fair held in Illinois under subsection
25 (b) of Section 10-10.
26 (C) A licensee that cancels a day of bingo because
27 of inclement weather or because the day is a holiday or
28 the eve of a holiday may conduct bingo on an additional
29 date that occurs within 7 days of the cancellation and
30 that falls on a day of the week other than the day
31 authorized under the license. A licensee cancelling a
32 day of bingo shall provide the Department with written
33 verification, signed by an officer, of the cancelled
34 event within 10 days of the cancellation. "Holiday"
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1 means any of the holidays listed in Section 17 of the
2 Promissory Note and Bank Holiday Act.
3 (20) For purposes of bingo, a licensee may rent a
4 premises on which to conduct bingo only from an organization
5 that is licensed as a provider of premises or exempt from
6 license requirements under this Act. If the organization
7 providing the premises is a metropolitan exposition,
8 auditorium, and office building authority created by State
9 law, a licensee may enter into a rental agreement with the
10 organization authorizing the licensee and the organization to
11 share the gross proceeds of bingo games; however, the
12 organization shall not receive more than 50% of the gross
13 proceeds.
14 (21) For purposes of bingo, an organization holding a
15 special permit or a limited license may, as one of the
16 occasions allowed by such permit or license, conduct bingo
17 for a maximum of 2 consecutive days, during each day of which
18 the number of games may exceed 25, and regular game cards
19 need not be valid for all regular games. If only noncash
20 prizes are awarded during such occasions, the prize limits
21 stated in item (10) of this Section shall not apply, provided
22 that the retail value of noncash prizes for any single game
23 shall not exceed $150.
24 (22) For purposes of Las Vegas Nights events, bona fide
25 members, volunteers, and employees of the sponsoring
26 organization shall not participate in the management or
27 operation of more than 4 Las Vegas Nights events of either
28 the sponsoring organization or any other licensed
29 organization during each calendar year.
30 (23) For purposes of Las Vegas Nights events, no single
31 bet at any game may exceed $10.
32 (24) For purposes of Las Vegas Nights events, a bank
33 shall be established on the premises to convert currency into
34 chips, scrip, or other form of play money that shall then be
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1 used to play at games of chance that the participant chooses.
2 Chips, scrip, or play money must be monogrammed with the logo
3 of the licensed organization or of the supplier. Each
4 participant must be issued a receipt indicating the amount of
5 chips, scrip, or play money purchased.
6 (25) For purposes of Las Vegas Nights events, at the
7 conclusion of the event or when the participant leaves, he
8 may cash in his chips, scrip, or play money in exchange for
9 currency not to exceed $250 or noncash prizes. Each
10 participant shall sign for any receipt of prizes. The
11 licensee shall provide the Department of Revenue with a
12 listing of all prizes awarded.
13 (26) For purposes of Las Vegas Nights events, each
14 licensee shall be permitted to conduct Las Vegas Nights
15 events on not more than 4 days each year.
16 (27) For purposes of Las Vegas Nights events, unless the
17 provider of the premises is a municipality, the provider of
18 the premises may not rent or otherwise provide the premises
19 for the conducting of more than 8 Las Vegas Nights events per
20 calendar year.
21 (28) For purposes of Las Vegas Nights events, Las Vegas
22 Nights games are authorized only if they are not expressly
23 prohibited by county ordinance for Las Vegas Nights games
24 conducted in the unincorporated areas of a county or by
25 municipal ordinance for Las Vegas Nights games conducted in a
26 municipality. The Department shall annually provide each
27 county or municipality with a list of organizations licensed
28 by the Department to conduct Las Vegas Nights events in its
29 jurisdiction.
30 (29) For purposes of Las Vegas Nights events, each
31 licensee may offer or conduct only the games listed in this
32 item (28), which must be conducted in accordance with rules
33 promulgated by the Department and rules posted by the
34 organization. The organization sponsoring a Las Vegas Nights
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1 event shall promulgate rules and make printed copies
2 available to participants, for the following games: (i)
3 roulette; (ii) blackjack; (iii) poker; (iv) craps; (v) bang;
4 (vi) beat the dealer; (vii) big six; (viii) gin rummy; (ix)
5 five card stud poker; (x) chuck-a-luck; (xi) keno; (xii)
6 hold-em poker; and (xiii) prize wheel. A licensee need not
7 offer or conduct every game permitted by law. No games other
8 than those listed in this item (29) are authorized under this
9 Act, and the playing of any other games shall constitute
10 gambling.
11 (30) For purposes of Las Vegas Nights events, no slot
12 machines or coin-in-the-slot-operated devices that allow a
13 participant to play games of chance based upon cards or dice
14 shall be permitted to be used at the location and during the
15 time at which the Las Vegas Nights games are being conducted.
16 (31) For purposes of Las Vegas Nights events, no cards,
17 dice, wheels, or other equipment may be modified or altered
18 so as to give the licensee a greater advantage in winning,
19 other than as provided under the normal rules of play of a
20 particular game.
21 (32) For purposes of Las Vegas Nights events, no credit
22 shall be extended to any of the participants.
23 (33) For purposes of Las Vegas Nights events, a supplier
24 may have only one representative present at the Las Vegas
25 Nights event for the exclusive purpose of ensuring that its
26 equipment is not damaged.
27 (34) For purposes of Las Vegas Nights events, no
28 employee, owner, or officer of a consultant service hired by
29 a licensed organization to perform services at the event
30 including, but not limited to, security for persons or
31 property at the event or services before the event including,
32 but not limited to, training for volunteers or advertising,
33 may participate in the management or operation of the games.
34 (35) For purposes of Las Vegas Nights events, card games
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1 authorized under this Act shall be played only in the manner
2 established by Department rule. These card games shall have
3 a dealer who is a qualified person. All other games shall
4 have a game manager who is a qualified person for the purpose
5 of overseeing the conduct of the games.
6 (36) An organization licensed to conduct a Las Vegas
7 Nights event, as one of the Las Vegas Nights events it is
8 authorized to conduct under its license, may host an event
9 for a corporate sponsor. A corporate sponsor includes games
10 hosted for a corporation, partnership, firm, association, or
11 other business entity consisting of 2 or more persons. Such
12 event is subject to the following restrictions:
13 (A) The event shall not be open to the public, and
14 attendance must be restricted to employees and clients of
15 the corporate sponsor.
16 (B) No chips, scrip, or play money shall be sold at
17 the event.
18 (C) At the conclusion of the event or when the
19 participants leave, they may exchange their chips, scrip,
20 or play money for noncash prizes only. Chips, scrip, or
21 play money may not be exchanged for currency.
22 (D) Licensees conducting a Las Vegas Nights event
23 for a corporate sponsor must comply with all restrictions
24 and conditions to which other Las Vegas Nights events
25 licensees are subject.
26 ARTICLE 35. TAXATION; RETURNS
27 Section 35-5. Pull tabs and jar games returns and
28 reports.
29 (a) There shall be paid to the Department of Revenue 5%
30 of the face value of any pull tabs and jar games tickets sold
31 by a licensed supplier to a licensed organizations under this
32 Act. Such payment shall be made monthly and is due by the
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1 20th day of each month. Accompanying each tax return shall
2 be a report listing the name of the licensee to whom tickets
3 are sold, the serial numbers of the pull tabs sold to the
4 licensee, the date of the sale to the licensee, the name of
5 the manufacturer of the pull tabs, and such other information
6 as the Department of Revenue may by rule require.
7 Information required by the report shall be filed by
8 submitting appropriate computer-generated magnetic media.
9 The Department shall promulgate rules regarding the format of
10 the computer-generated magnetic media. Returns and all
11 required report information shall be filed under penalty of
12 perjury. Failure to submit either the payment or the report
13 within the specified time shall result in automatic
14 revocation of the license.
15 (b) All payments made to the Department of Revenue under
16 this Section shall be deposited as follows:
17 (1) Fifty percent shall be deposited in the Common
18 School Fund; and
19 (2) Fifty percent shall be deposited in the
20 Illinois Gaming Law Enforcement Fund. Of the moneys
21 deposited in the Illinois Gaming Law Enforcement Fund
22 under this Section, the General Assembly shall
23 appropriate two-thirds to the Department of Revenue,
24 Department of State Police, and the Office of the
25 Attorney General for State law enforcement purposes, and
26 one-third to the Department of Revenue for the purpose of
27 distribution in the form of grants to counties or
28 municipalities for law enforcement purposes. The amounts
29 of grants to counties or municipalities shall bear the
30 same ratio as the number of licenses issued in counties
31 or municipalities bears to the total number of licenses
32 issued in the State. In computing the number of licenses
33 issued in a county, licenses issued for locations within
34 a municipality's boundaries shall be excluded.
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1 (c) Licensed organizations are required to submit a
2 quarterly informational report with the Department. The
3 informational report shall contain the bar code appearing on
4 each deal or flare of pull tabs and jar games tickets that
5 were sold during the immediately preceding calendar quarter
6 and such other information as the Department may by rule
7 require. Such reports shall be submitted to the Department
8 under penalty of perjury. Such reports shall be submitted to
9 the Department 4 times per year, by the 20th day of April,
10 July, October, and January. Failure to submit a complete
11 informational report within the specified time may result in
12 suspension of the license.
13 (d) Licensed manufacturers of pull tabs are required to
14 submit a monthly informational report with the Department.
15 The informational report shall contain the serial numbers of
16 all pull tabs and jar games tickets sold during the preceding
17 calendar month to licensed suppliers and such other
18 information as the Department may by rule require. Such
19 reports are due by the 20th day of each month. They shall be
20 submitted to the Department under penalty of perjury.
21 Information required by the report shall be filed by
22 submitting appropriate computer-generated magnetic media.
23 The Department shall promulgate rules regarding the format of
24 the computer generated magnetic media.
25 Section 35-10. Bingo tax. (a) There shall be paid to
26 the Department of Revenue 5% of the gross proceeds of any
27 game of bingo conducted under the provisions of this Act.
28 Such payments shall be made 4 times per year, between the
29 first and the 20th day of April, July, October, and January.
30 Accompanying each payment shall be a report on forms provided
31 by the Department of Revenue listing the number of games
32 conducted, the gross income derived, and such other
33 information the Department of Revenue may require. Failure
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1 to submit either the payment or the report within the
2 specified time may result in suspension or revocation of the
3 license.
4 (b) Fifty percent of all of the sums collected under
5 this Section shall be deposited into the Mental Health Fund
6 and 50% of all of the sums collected under this Section shall
7 be deposited into the Common School Fund.
8 Section 35-15. Las Vegas Nights events tax.
9 (a) There shall be paid to the Department of Revenue 3%
10 of the gross proceeds of Las Vegas Nights games conducted
11 under the provisions of this Act. "Gross proceeds" means all
12 chips, scrip, or other form of play money purchased or any
13 fee or donation for admission or entry into such games. If a
14 licensed organization conducts games for a corporate sponsor
15 as provided in Section 30-5, "gross proceeds" shall include
16 the amount paid to the licensed organization for conducting
17 such games as provided by Department rule.
18 Such payments shall be made within 30 days after the
19 completion of the games. Accompanying each payment shall be
20 a report on forms provided by the Department listing the
21 games conducted, the gross income derived, and other
22 information the Department may require. Failure to submit
23 either the payment or the report within the specified time
24 may result in suspension or revocation of the license and may
25 be used in future considerations for renewal of the license.
26 (b) All sums collected under this Section shall be
27 deposited into the Illinois Gaming Law Enforcement Fund of
28 the State Treasury.
29 ARTICLE 40. RECORD KEEPING REQUIREMENTS
30 Section 40-5. Record keeping requirements.
31 (a) Each licensee must keep a complete record of
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1 charitable games conducted within the previous 3 years.
2 These records shall be open to inspection by any agent or
3 employee of the Department of Revenue during reasonable
4 business hours. Any agent or employee of the Department may
5 visit the premises and inspect the records during and for a
6 reasonable time before and after charitable games. Gross
7 proceeds of charitable games shall be segregated from other
8 revenues of the licensee, including receipts from gross
9 proceeds of other charitable games such as bingo, pull tabs,
10 or Las Vegas Nights receipts, and shall be placed in a
11 separate account.
12 (b) The Department may establish rules requiring that
13 any person, organization, or corporation licensed under this
14 Act obtain from an Illinois certified public accounting firm
15 at its own expense a certified and unqualified financial
16 statement and verification of records of such organization.
17 Failure of a charitable games licensee to comply with this
18 requirement within 90 days of receiving notice from the
19 Department may result in suspension or revocation of the
20 licensee's license and forfeiture of all proceeds.
21 (c) To ensure that the organization to whom equipment is
22 sold, leased, lent, or distributed or to whom premises are
23 provided is licensed for charitable gaming, manufacturers,
24 suppliers, and providers licensed under this Act shall obtain
25 from the licensed organization and retain among their books
26 and records a copy of the organization's license showing the
27 license number, expiration date, and event date for which the
28 equipment was sold, leased, lent, or distributed, or for
29 which premises were provided.
30 ARTICLE 45. SUSPENSION; DENIAL; REVOCATION
31 Section 45-5. Suspension; denial; revocation. The
32 Department of Revenue may revoke or suspend any license when
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1 it finds that the licensee or any person connected therewith
2 has violated or is violating the provisions of this Act or
3 any rule promulgated under this Act. The decision to revoke
4 or suspend and the duration of any suspension shall be made
5 by taking into account factors that include, but are not
6 limited to, the licensee's previous history of compliance
7 with the Act and rules, the number, seriousness, and duration
8 of the violations, and the licensee's cooperation in
9 discontinuing and correcting the violations. A revocation or
10 suspension shall be in addition to, and not instead of, any
11 other civil penalties or assessments that are authorized by
12 this Act. The Department shall promulgate rules for
13 determining the manner in which sanctions shall be imposed.
14 ARTICLE 50. CIVIL AND CRIMINAL PENALTIES
15 Section 50-5. Civil penalties.
16 (a) Any organization that conducts games without first
17 obtaining a license to do so or that continues to conduct
18 such games after revocation of its license or any
19 organization licensed to conduct games that allows any form
20 of illegal gambling to be conducted on the premises where
21 such games are being conducted shall, in addition to other
22 penalties provided, be subject to a civil penalty equal to
23 the amount of gross proceeds derived on that day from such
24 games and any other illegal game that may have been conducted
25 as well as seizure and forfeiture to the Department of all
26 money or other thing of value integrally related to the
27 playing of such games, including but not limited to, seizure
28 and forfeiture of all gaming equipment used in the conduct of
29 unlicensed games. Any forfeited property that is incapable
30 of lawful use shall be destroyed.
31 (b) All property used in playing unauthorized Las Vegas
32 Nights games or used in playing authorized Las Vegas Nights
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1 games, bingo, or pull tabs and jar games when not conducted
2 or managed by a qualified person together with any money or
3 other thing of value integrally related to the playing of
4 such unauthorized games or authorized games not managed or
5 conducted by a qualified person shall be seized by the
6 Department and forfeited to it. Any forfeited property that
7 is incapable of lawful use shall be destroyed.
8 (c) Any person or organization that provides premises
9 for the conduct of games without first obtaining a license to
10 do so or having a provider's license that allows unlicensed
11 organizations to conduct games on its premises or allows any
12 form of illegal gambling to be conducted on the premises
13 where games are being played shall, in addition to other
14 penalties provided, be subject to a civil penalty of $5,000.
15 (d) Any person who violates any provision of this Act or
16 knowingly violates any rule of the Department for the
17 administration of this Act shall, in addition to other
18 penalties provided, be subject to a civil penalty in the
19 amount of $250 for each separate violation. Persons subject
20 to this provision include, but are not limited to, sponsoring
21 organizations, volunteers, any licensee under this Act, or
22 any other person or organization.
23 (e) Any agent or employee of the Department may
24 terminate any Las Vegas Nights event, bingo game, or pull
25 tabs or jar game that is not conducted in accordance with
26 this Act and rules promulgated thereunder, or at which games
27 not authorized under this Act are being conducted or, where
28 authorized, are not being managed or conducted by qualified
29 persons.
30 (f) Pull tabs and jar games tickets that are not
31 imprinted in accordance with this Act and all unstamped
32 flares shall be seized by the Department and forfeited to it.
33 (g) All moneys forfeited and all moneys obtained from
34 the sale of forfeited items listed in subsections (a) through
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1 (f) of this Section shall be paid into the Gaming Enforcement
2 Fund.
3 Section 50-10. Criminal penalties.
4 (a) Any person who knowingly conducts or participates in
5 an unlicensed charitable game commits the offense of gambling
6 in violation of Section 28-1 of the Criminal Code of 1961.
7 (b) Any person who knowingly sells, leases or
8 distributes for compensation within this State, knowingly
9 possesses with intent to sell, lease, or distribute for
10 compensation within this State, or knowingly possesses any
11 chips, representations of money, wheels, or any devices or
12 equipment designed for use or used in the play of Las Vegas
13 Nights games without first having obtained a license to do so
14 from the Department is guilty of a Class A misdemeanor.
15 (c) Any person who signs or who submits to the
16 Department an application for any license under this Act that
17 he or she knows contains a false statement shall be guilty of
18 a Class A misdemeanor.
19 (d) Any employee, member, or volunteer of an
20 organization licensed under this Act to conduct charitable
21 games who knowingly allows any person who is not a qualified
22 person to participate in managing or conducting a charitable
23 game is guilty of a Class A misdemeanor.
24 (e) Any person who knowingly participates in the
25 management or conduct of a charitable game who is not a
26 qualified person shall be guilty of a Class A misdemeanor for
27 the first offense and a Class 4 felony for the second
28 offense.
29 (f) Any person other than a manufacturer who holds a
30 license from the Department to manufacture pull tabs or jar
31 games tickets who knowingly possesses any pull tab or jar
32 game ticket that is not imprinted as required in this Act or
33 any person who knowingly possesses any flare that does not
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1 bear an Illinois tax stamp required by this Act shall be
2 guilty of a Class A misdemeanor.
3 (g) Any licensed manufacturer of pull tabs or jar game
4 tickets who knowingly sells those pull tabs or jar game
5 tickets to any person other than a supplier licensed by the
6 Department or any licensed supplier of pull tabs or jar game
7 tickets who knowingly sells pull tabs or jar game tickets to
8 a person who is not licensed by the Department to conduct
9 pull tabs and jar games, or any organization licensed to
10 conduct pull tabs and jar games or any officer, agent, or
11 employee of such organization who knowingly purchases pull
12 tabs or jar game tickets from a person who is not a supplier
13 licensed by the Department shall be guilty of a Class A
14 misdemeanor for the first offense and a Class 4 felony for
15 the second offense.
16 (h) Any employee, member, or volunteer of an
17 organization licensed to conduct Las Vegas Nights events who
18 knowingly allows the playing of any games at a Las Vegas
19 Nights event other than those authorized in this Act shall be
20 guilty of a Class A misdemeanor.
21 (i) Any person who knowingly fails to file any return or
22 report required to be filed under this Act or any officer,
23 agent, or employee of any corporation, partnership,
24 association, labor organization, or limited liability company
25 who, as such officer, agent, or employee is under a duty from
26 such entity to file any return or report required by this Act
27 and who knowingly fails to file such return or report on or
28 before that date upon which such return or report is required
29 to be filed is guilty of a Class A misdemeanor if the return
30 or report is an informational return or report or if the
31 amount of tax due is less than $300.
32 (j) Any person who knowingly fails to file any return
33 required to be filed under this Act or any officer, agent, or
34 employee of any corporation, partnership, association, labor
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1 organization, or limited liability company who, as such
2 officer, agent, or employee is under a duty from such entity
3 to file any return or report required to be filed by this Act
4 and who knowingly fails to file such return or report on or
5 before that date upon which such return or report is required
6 to be filed is guilty of a Class 4 felony if the amount of
7 tax due is $300 or more.
8 (k) Any person who files any return, report, statement,
9 or license application with the Department which he or she
10 knows is false as to any material fact is guilty of a Class 3
11 felony.
12 (l) Any person who knowingly attempts in any manner to
13 evade or defeat any tax imposed by this Act or the payment
14 thereof is guilty of a Class 2 felony.
15 (m) A prosecution for any act in violation of this
16 Section may be commenced at any time within 3 years of the
17 commission of that act. In a prosecution for tax evasion
18 under this Act, the prosecution may be commenced at any time
19 within 3 years of the last act of evasion.
20 (n) A prosecution for failing to file any return or
21 report required by this Act to be filed shall be tried in any
22 county where the return or report could have been filed with
23 the Department. A prosecution for making a false application
24 to the Department or for filing a false return, report, or
25 statement with the Department shall be tried in the county
26 where the Department office that received the false
27 application, return, report, or statement is located or the
28 county in which the person signing the application, return,
29 report, or statement resides. A prosecution for tax evasion
30 under this Act may be tried in any county in which any act in
31 furtherance of evasion is committed. A prosecution for any
32 other violation of this Section shall be tried in the county
33 in which the act occurred.
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1 ARTICLE 55. HEARINGS
2 Section 55-5. Revocation; suspension hearings.
3 (a) The Department may, after notice and a hearing as
4 provided in this Section, revoke or suspend the license of
5 any person licensed under this Act who violates any of the
6 provisions of this Act, whose application is found to have
7 contained any false statement, or who has become ineligible
8 for any reason while the license is in effect. The Department
9 shall deny the application, including a renewal application,
10 of any person or organization that does not satisfy all
11 eligibility requirements for the license for which
12 application is made, or that is otherwise ineligible for a
13 license. Notices of denial, suspension, or revocation shall
14 be sent by certified mail, return receipt requested, to the
15 applicant or licensee at the mailing address stated on the
16 applicant's or licensee's most recent license application.
17 All such notices shall include a statement of the reasons for
18 the Department's action. The effective date of a revocation
19 or suspension shall be not less than 25 days after the date
20 the Department mails notice to the licensee.
21 (b) An applicant or licensee may request a hearing to
22 contest a denial, suspension, or revocation. The request
23 shall be in writing and must be received by the Department
24 within 20 days after the date the Department mailed the
25 notice of its action to the applicant or licensee. If no
26 hearing is requested within 20 days, the Department's
27 revocation, suspension or denial becomes final and the
28 licensee shall be barred from operating.
29 (c) Unless the license of the licensee has expired or
30 will expire during the pendency of the hearing, the licensee
31 may continue to operate. However, if the Department
32 determines that a summary suspension or revocation is
33 warranted as provided in Section 10-65 of the Illinois
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1 Administrative Procedure Act, the licensee shall cease all
2 activities. Hearings on summary suspensions and revocations
3 shall be initiated within 90 days of the revocation date.
4 Section 55-10. Civil penalties; confiscation hearings.
5 (a) In accordance with Section 50-5(d) of this Act, the
6 Department is authorized to impose a civil penalty in the
7 amount of $250 for each violation when a licensee violates
8 the Act or knowingly violates any rule of the Department for
9 the administration of the Act. This penalty shall become
10 final unless the person against whom the civil penalty has
11 been assessed makes a written request for a hearing in
12 writing with 60 days after the date the Department mailed the
13 notice of its action.
14 (b) When charitable games or equipment or property
15 integrally related to the operation of the games is seized
16 and forfeited to the State under subsection (a), (b), or (f)
17 of Section 50-5 of this Act or a civil penalty is imposed
18 under subsection (c) of Section 50-5 of this Act, the owner
19 of the equipment at the time of seizure or at the time a
20 civil penalty is assessed may, within 60 days of the date of
21 seizure or imposition of the penalty, request, in writing, a
22 hearing. The Department's action shall become final unless
23 such a written request for a hearing has been made. The sole
24 issue at such hearing shall be whether charitable games were
25 conducted without a license or under a suspended or revoked
26 license, whether pull tabs and jar games tickets have not
27 been imprinted in accordance with this Act or flares have not
28 been properly stamped, whether illegal gambling was conducted
29 at an otherwise properly licensed charitable games event, or
30 whether charitable games were managed or operated by someone
31 other than a qualified person.
32 Section 55-15. Conduct of hearings. All hearings held
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1 under this Act shall be held in accordance with rules
2 established by the Department. Notice of assessment of a
3 civil penalty shall be sent by certified mail, return receipt
4 requested, to the mailing address stated on the licensee's
5 most recent license application, or the person's last known
6 address as indicated by the Department's books and records.
7 All such notices shall include a statement of the reasons for
8 the Department's action.
9 ARTICLE 60. LAW ENFORCEMENT AGENCY ACTION
10 Section 60-5. Law enforcement agency action. Any law
11 enforcement agency that takes action relating to the
12 operation of a charitable game shall notify the Department
13 and specify the extent of the action taken and the reasons
14 for such action.
15 ARTICLE 65. SEVERABILITY
16 Section 65-5. Severability. If any clause, sentence,
17 Section, provision, or part of this Act, or the application
18 thereof to any person or circumstance, shall be adjudged to
19 be unconstitutional, the remainder of this Act or its
20 application to persons or circumstances other than those to
21 which it is held invalid shall not be affected thereby.
22 ARTICLE 70. INCORPORATION BY REFERENCE
23 Section 70-5. Incorporation by reference. The
24 provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
25 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers'
26 Occupation Tax Act that are not inconsistent with this Act,
27 and Section 3-7 of the Uniform Penalty and Interest Act shall
28 apply, as far as practicable, to the subject matter of this
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1 Act to the same extent as if those provisions were included
2 in this Act. Tax returns and reports filed pursuant to this
3 Act shall not be confidential and shall be available for
4 public inspection. For the purposes of this Act, references
5 in such incorporated Sections of the Retailers' Occupation
6 Tax Act to retailers, sellers, or persons engaged in the
7 business of selling tangible personal property means persons
8 engaged in conducting any of the games enumerated in this Act
9 and references in such incorporated Sections of the
10 Retailers' Occupation Tax Act to sales of tangible personal
11 property mean the conducting of such games and the making of
12 charges for playing such games.
13 ARTICLE 75. ILLINOIS ADMINISTRATIVE PROCEDURE ACT
14 Section 75-5. Illinois Administrative Procedure Act;
15 applications. The Illinois Administrative Procedure Act shall
16 apply to all administrative rules and procedures of the
17 Department of Revenue under this Act, except that: (1)
18 paragraph (b) of Section 5-10 does not apply to final orders,
19 decisions, and opinions of the Department; (2) subparagraph
20 (a)(ii) of Section 5-10 does not apply to forms established
21 by the Department for use under this Act; (3) the provisions
22 of Section 10-45 regarding proposals for decision are
23 excluded and not applicable to the Department under this Act;
24 and (4) the provisions of paragraph (c) of Section 10-65 do
25 not apply so as to prevent summary suspension of any license
26 pending revocation or other action which suspension shall
27 remain in effect unless modified by the Department or unless
28 the Department's decision is reversed on the merits in
29 proceedings conducted pursuant to the Administrative Review
30 Law.
31 ARTICLE 80. AMENDATORY PROVISIONS
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1 Section 80-5. The Criminal Code of 1961 is amended by
2 changing Section 28-1 as follows:
3 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
4 Sec. 28-1. Gambling.
5 (a) A person commits gambling when he:
6 (1) Plays a game of chance or skill for money or
7 other thing of value, unless excepted in subsection (b)
8 of this Section; or
9 (2) Makes a wager upon the result of any game,
10 contest, or any political nomination, appointment or
11 election; or
12 (3) Operates, keeps, owns, uses, purchases,
13 exhibits, rents, sells, bargains for the sale or lease
14 of, manufactures or distributes any gambling device; or
15 (4) Contracts to have or give himself or another
16 the option to buy or sell, or contracts to buy or sell,
17 at a future time, any grain or other commodity
18 whatsoever, or any stock or security of any company,
19 where it is at the time of making such contract intended
20 by both parties thereto that the contract to buy or sell,
21 or the option, whenever exercised, or the contract
22 resulting therefrom, shall be settled, not by the receipt
23 or delivery of such property, but by the payment only of
24 differences in prices thereof; however, the issuance,
25 purchase, sale, exercise, endorsement or guarantee, by or
26 through a person registered with the Secretary of State
27 pursuant to Section 8 of the Illinois Securities Law of
28 1953, or by or through a person exempt from such
29 registration under said Section 8, of a put, call, or
30 other option to buy or sell securities which have been
31 registered with the Secretary of State or which are
32 exempt from such registration under Section 3 of the
33 Illinois Securities Law of 1953 is not gambling within
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1 the meaning of this paragraph (4); or
2 (5) Knowingly owns or possesses any book,
3 instrument or apparatus by means of which bets or wagers
4 have been, or are, recorded or registered, or knowingly
5 possesses any money which he has received in the course
6 of a bet or wager; or
7 (6) Sells pools upon the result of any game or
8 contest of skill or chance, political nomination,
9 appointment or election; or
10 (7) Sets up or promotes any lottery or sells,
11 offers to sell or transfers any ticket or share for any
12 lottery; or
13 (8) Sets up or promotes any policy game or sells,
14 offers to sell or knowingly possesses or transfers any
15 policy ticket, slip, record, document or other similar
16 device; or
17 (9) Knowingly drafts, prints or publishes any
18 lottery ticket or share, or any policy ticket, slip,
19 record, document or similar device, except for such
20 activity related to lotteries, bingo games and raffles
21 authorized by and conducted in accordance with the laws
22 of Illinois or any other state or foreign government; or
23 (10) Knowingly advertises any lottery or policy
24 game, except for such activity related to lotteries,
25 bingo games and raffles authorized by and conducted in
26 accordance with the laws of Illinois or any other state;
27 or
28 (11) Knowingly transmits information as to wagers,
29 betting odds, or changes in betting odds by telephone,
30 telegraph, radio, semaphore or similar means; or
31 knowingly installs or maintains equipment for the
32 transmission or receipt of such information; except that
33 nothing in this subdivision (11) prohibits transmission
34 or receipt of such information for use in news reporting
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1 of sporting events or contests.
2 (b) Participants in any of the following activities
3 shall not be convicted of gambling therefor:
4 (1) Agreements to compensate for loss caused by the
5 happening of chance including without limitation
6 contracts of indemnity or guaranty and life or health or
7 accident insurance;
8 (2) Offers of prizes, award or compensation to the
9 actual contestants in any bona fide contest for the
10 determination of skill, speed, strength or endurance or
11 to the owners of animals or vehicles entered in such
12 contest;
13 (3) Pari-mutuel betting as authorized by the law of
14 this State;
15 (4) Manufacture of gambling devices, including the
16 acquisition of essential parts therefor and the assembly
17 thereof, for transportation in interstate or foreign
18 commerce to any place outside this State when such
19 transportation is not prohibited by any applicable
20 Federal law;
21 (5) The game commonly known as "bingo", when
22 conducted in accordance with the Bingo License and Tax
23 Act;
24 (6) Lotteries when conducted by the State of
25 Illinois in accordance with the Illinois Lottery Law;
26 (7) Possession of an antique slot machine that is
27 neither used nor intended to be used in the operation or
28 promotion of any unlawful gambling activity or
29 enterprise. For the purpose of this subparagraph (b)(7),
30 an antique slot machine is one manufactured 25 years ago
31 or earlier;
32 (8) Raffles when conducted in accordance with the
33 Raffles Act;
34 (9) Pull tabs and jar games, bingo, or Las Vegas
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1 Nights events when conducted in accordance with the
2 Omnibus Charitable Gaming Act. Charitable games when
3 conducted in accordance with the Charitable Games Act;
4 (10) (Blank). Pull tabs and jar games when
5 conducted under the Illinois Pull Tabs and Jar Games Act;
6 or
7 (11) Gambling games conducted on riverboats when
8 authorized by the Riverboat Gambling Act.
9 (c) Sentence.
10 Gambling under subsection (a)(1) or (a)(2) of this
11 Section is a Class A misdemeanor. Gambling under any of
12 subsections (a)(3) through (a)(11) of this Section is a Class
13 A misdemeanor. A second or subsequent conviction under any
14 of subsections (a)(3) through (a)(11), is a Class 4 felony.
15 (d) Circumstantial evidence.
16 In prosecutions under subsection (a)(1) through (a)(11)
17 of this Section circumstantial evidence shall have the same
18 validity and weight as in any criminal prosecution.
19 (Source: P.A. 86-1029; 87-435.)
20 ARTICLE 85. REPEALER
21 (230 ILCS 20/Act rep.)
22 Section 85-5. The Pull Tabs and Jar Games Act is
23 repealed.
24 (230 ILCS 25/Act rep.)
25 Section 85-10. The Bingo License and Tax Act is
26 repealed.
27 (230 ILCS 30/Act rep.)
28 Section 85-15. The Charitable Games Act is repealed.
29 ARTICLE 99. EFFECTIVE DATE
-54- LRB9000728LDdvA
1 Section 99-5. Effective date. This Act takes effect
2 January 1, 1999.