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90_HB2190
230 ILCS 10/5 from Ch. 120, par. 2405
230 ILCS 10/5.2 new
230 ILCS 10/6 from Ch. 120, par. 2406
230 ILCS 10/7 from Ch. 120, par. 2407
230 ILCS 10/7.1 new
230 ILCS 10/8 from Ch. 120, par. 2408
230 ILCS 10/9 from Ch. 120, par. 2409
230 ILCS 10/11 from Ch. 120, par. 2411
230 ILCS 10/11.2 new
230 ILCS 10/13 from Ch. 120, par. 2413
230 ILCS 10/18 from Ch. 120, par. 2418
Amends the Riverboat Gambling Act. Provides that the
Board shall have the power to determine which entities and
persons shall be subject to Board approval for involvement in
the ownership or operation of riverboat gambling in Illinois
and to approve the participation of those entities and
persons. Gives the Board the power to require the removal of
an officer, director, or shareholder of a licensee or to
require the termination of a business relationship for a
violation of the Act or of a Board rule or for engaging in a
fraudulent practice. Gives the Board the power to petition
the circuit court of Sangamon County for appointment of a
receiver for a riverboat gambling operation if certain
conditions exist. Creates a code of conduct for members and
employees of the Board. Removes certain restrictions
concerning where licensees shall be required to conduct
riverboat gambling, but requires that at least 6 owners
licenses shall specify that riverboats dock and operate
outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
and Will. Provides that upon the expiration of an owners
license the Board may renew that license for up to 4 years.
Provides that the Board shall establish requirements for the
times and conditions under which riverboat gambling may be
conducted. Provides that it is a petty offense for a person
under the age of 21 years to enter upon a riverboat, except
as authorized by the Act. Effective immediately.
LRB9002182LDdv
LRB9002182LDdv
1 AN ACT to amend the Riverboat Gambling Act by changing
2 Sections 5, 6, 7, 8, 9, 11, 13, and 18 and adding Sections
3 5.2, 7.1, and 11.2.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Riverboat Gambling Act is amended by
7 changing Sections 5, 6, 7, 8, 9, 11, 13, and 18 and adding
8 Section 5.2, 7.1, and 11.2 as follows:
9 (230 ILCS 10/5) (from Ch. 120, par. 2405)
10 Sec. 5. Gaming Board.
11 (a) (1) There is hereby established within the
12 Department of Revenue an Illinois Gaming Board which shall
13 have the powers and duties specified in this Act, and all
14 other powers necessary and proper to fully and effectively
15 execute this Act for the purpose of administering,
16 regulating, and enforcing the system of riverboat gambling
17 established by this Act. Its jurisdiction shall extend under
18 this Act to every person, association, corporation,
19 partnership and trust involved in riverboat gambling
20 operations in the State of Illinois.
21 (2) The Board shall consist of 5 members to be appointed
22 by the Governor with the advice and consent of the Senate,
23 one of whom shall be designated by the Governor to be
24 chairman. Each member shall have a reasonable knowledge of
25 the practice, procedure and principles of gambling
26 operations. Each member shall either be a resident of
27 Illinois or shall certify that he will become a resident of
28 Illinois before taking office. At least one member shall be
29 experienced in law enforcement and criminal investigation, at
30 least one member shall be a certified public accountant
31 experienced in accounting and auditing, and at least one
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1 member shall be a lawyer licensed to practice law in
2 Illinois.
3 (3) The terms of office of the Board members shall be 3
4 years, except that the terms of office of the initial Board
5 members appointed pursuant to this Act will commence from the
6 effective date of this Act and run as follows: one for a
7 term ending July 1, 1991, 2 for a term ending July 1, 1992,
8 and 2 for a term ending July 1, 1993. Upon the expiration of
9 the foregoing terms, the successors of such members shall
10 serve a term for 3 years and until their successors are
11 appointed and qualified for like terms. Vacancies in the
12 Board shall be filled for the unexpired term in like manner
13 as original appointments. Each member of the Board shall be
14 eligible for reappointment at the discretion of the Governor
15 with the advice and consent of the Senate.
16 (4) Each member of the Board shall receive $300 for each
17 day the Board meets and for each day the member conducts any
18 hearing pursuant to this Act. Each member of the Board shall
19 also be reimbursed for all actual and necessary expenses and
20 disbursements incurred in the execution of official duties.
21 (5) No person shall be appointed a member of the Board
22 or continue to be a member of the Board who is, or whose
23 spouse, child or parent is, a member of the board of
24 directors of, or a person financially interested in, any
25 gambling operation subject to the jurisdiction of this Board,
26 or any race track, race meeting, racing association or the
27 operations thereof subject to the jurisdiction of the
28 Illinois Racing Board. No Board member shall hold any other
29 public office for which he shall receive compensation other
30 than necessary travel or other incidental expenses. No
31 person shall be a member of the Board who is not of good
32 moral character or who has been convicted of, or is under
33 indictment for, a felony under the laws of Illinois or any
34 other state, or the United States.
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1 (6) Any member of the Board may be removed by the
2 Governor for neglect of duty, misfeasance, malfeasance, or
3 nonfeasance in office.
4 (7) Before entering upon the discharge of the duties of
5 his office, each member of the Board shall take an oath that
6 he will faithfully execute the duties of his office according
7 to the laws of the State and the rules and regulations
8 adopted therewith and shall give bond to the State of
9 Illinois, approved by the Governor, in the sum of $25,000.
10 Every such bond, when duly executed and approved, shall be
11 recorded in the office of the Secretary of State. Whenever
12 the Governor determines that the bond of any member of the
13 Board has become or is likely to become invalid or
14 insufficient, he shall require such member forthwith to renew
15 his bond, which is to be approved by the Governor. Any
16 member of the Board who fails to take oath and give bond
17 within 30 days from the date of his appointment, or who fails
18 to renew his bond within 30 days after it is demanded by the
19 Governor, shall be guilty of neglect of duty and may be
20 removed by the Governor. The cost of any bond given by any
21 member of the Board under this Section shall be taken to be a
22 part of the necessary expenses of the Board.
23 (8) Upon the request of the Board, the Department shall
24 employ such personnel as may be necessary to carry out the
25 functions of the Board. No person shall be employed to serve
26 the Board who is, or whose spouse, parent or child is, an
27 official of, or has a financial interest in or financial
28 relation with, any operator engaged in gambling operations
29 within this State or any organization engaged in conducting
30 horse racing within this State. Any employee violating these
31 prohibitions shall be subject to termination of employment.
32 (9) An Administrator shall perform any and all duties
33 that the Board shall assign him. The salary of the
34 Administrator shall be determined by the Board and approved
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1 by the Director of the Department and, in addition, he shall
2 be reimbursed for all actual and necessary expenses incurred
3 by him in discharge of his official duties. The
4 Administrator shall keep records of all proceedings of the
5 Board and shall preserve all records, books, documents and
6 other papers belonging to the Board or entrusted to its care.
7 The Administrator shall devote his full time to the duties of
8 the office and shall not hold any other office or employment.
9 (b) The Board shall have general responsibility for the
10 implementation of this Act. Its duties include, without
11 limitation, the following:
12 (1) To decide promptly and in reasonable order all
13 license applications. Any party aggrieved by an action of
14 the Board denying, suspending, revoking, restricting or
15 refusing to renew a license may request a hearing before
16 the Board. A request for a hearing must be made to the
17 Board in writing within 5 days after service of notice of
18 the action of the Board. Notice of the action of the
19 Board shall be served either by personal delivery or by
20 certified mail, postage prepaid, to the aggrieved party.
21 Notice served by certified mail shall be deemed complete
22 on the business day following the date of such mailing.
23 The Board shall conduct all requested hearings promptly
24 and in reasonable order;
25 (2) To conduct all hearings pertaining to civil
26 violations of this Act or rules and regulations
27 promulgated hereunder;
28 (3) To promulgate such rules and regulations as in
29 its judgment may be necessary to protect or enhance the
30 credibility and integrity of gambling operations
31 authorized by this Act and the regulatory process
32 hereunder;
33 (4) To provide for the establishment and collection
34 of all license and registration fees and taxes imposed by
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1 this Act and the rules and regulations issued pursuant
2 hereto. All such fees and taxes shall be deposited into
3 the State Gaming Fund;
4 (5) To provide for the levy and collection of
5 penalties and fines for the violation of provisions of
6 this Act and the rules and regulations promulgated
7 hereunder. All such fines and penalties shall be
8 deposited into the Education Assistance Fund, created by
9 Public Act 86-0018, of the State of Illinois;
10 (6) To be present through its inspectors and agents
11 any time gambling operations are conducted on any
12 riverboat for the purpose of certifying the revenue
13 thereof, receiving complaints from the public, and
14 conducting such other investigations into the conduct of
15 the gambling games and the maintenance of the equipment
16 as from time to time the Board may deem necessary and
17 proper;
18 (7) To review and rule upon any complaint by a
19 licensee regarding any investigative procedures of the
20 State which are unnecessarily disruptive of gambling
21 operations. The need to inspect and investigate shall be
22 presumed at all times. The disruption of a licensee's
23 operations shall be proved by clear and convincing
24 evidence, and establish that: (A) the procedures had no
25 reasonable law enforcement purposes, and (B) the
26 procedures were so disruptive as to unreasonably inhibit
27 gambling operations;
28 (8) To hold at least one meeting each quarter of
29 the fiscal year. In addition, special meetings may be
30 called by the Chairman or any 2 Board members upon 72
31 hours written notice to each member. All Board meetings
32 shall be subject to the Open Meetings Act. Three members
33 of the Board shall constitute a quorum, and 3 votes shall
34 be required for any final determination by the Board.
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1 The Board shall keep a complete and accurate record of
2 all its meetings. A majority of the members of the Board
3 shall constitute a quorum for the transaction of any
4 business, for the performance of any duty, or for the
5 exercise of any power which this Act requires the Board
6 members to transact, perform or exercise en banc, except
7 that, upon order of the Board, one of the Board members
8 or an administrative law judge designated by the Board
9 may conduct any hearing provided for under this Act or by
10 Board rule and may recommend findings and decisions to
11 the Board. The Board member or administrative law judge
12 conducting such hearing shall have all powers and rights
13 granted to the Board in this Act. The record made at the
14 time of the hearing shall be reviewed by the Board, or a
15 majority thereof, and the findings and decision of the
16 majority of the Board shall constitute the order of the
17 Board in such case;
18 (9) To maintain records which are separate and
19 distinct from the records of any other State board or
20 commission. Such records shall be available for public
21 inspection and shall accurately reflect all Board
22 proceedings;
23 (10) To file a written annual report with the
24 Governor on or before March 1 each year and such
25 additional reports as the Governor may request. The
26 annual report shall include a statement of receipts and
27 disbursements by the Board, actions taken by the Board,
28 and any additional information and recommendations which
29 the Board may deem valuable or which the Governor may
30 request;
31 (11) To review the patterns of wagering and wins
32 and losses by persons on riverboat gambling operations
33 under this Act, and make recommendation to the Governor
34 and the General Assembly, by January 31, 1992, as to
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1 whether limits on wagering losses should be imposed; and
2 (12) To assume responsibility for the
3 administration and enforcement of the Bingo License and
4 Tax Act, the Charitable Games Act, and the Pull Tabs and
5 Jar Games Act if such responsibility is delegated to it
6 by the Director of Revenue.
7 (c) The Board shall have jurisdiction over and shall
8 supervise all gambling operations governed by this Act. The
9 Board shall have all powers necessary and proper to fully and
10 effectively execute the provisions of this Act, including,
11 but not limited to, the following:
12 (1) To investigate applicants and determine the
13 eligibility of applicants for licenses and to select
14 among competing applicants the applicants which best
15 serve the interests of the citizens of Illinois.
16 (2) To have jurisdiction and supervision over all
17 riverboat gambling operations in this State and all
18 persons on riverboats where gambling operations are
19 conducted.
20 (3) To promulgate rules and regulations for the
21 purpose of administering the provisions of this Act and
22 to prescribe rules, regulations and conditions under
23 which all riverboat gambling in the State shall be
24 conducted. Such rules and regulations are to provide for
25 the prevention of practices detrimental to the public
26 interest and for the best interests of riverboat
27 gambling, including rules and regulations regarding the
28 inspection of such riverboats and the review of any
29 permits or licenses necessary to operate a riverboat
30 under any laws or regulations applicable to riverboats,
31 and to impose penalties for violations thereof.
32 (4) To enter the office, riverboats, facilities, or
33 other places of business of a licensee, where evidence of
34 the compliance or noncompliance with the provisions of
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1 this Act is likely to be found.
2 (5) To investigate alleged violations of this Act
3 or the rules of the Board and to take appropriate
4 disciplinary action against a licensee or a holder of an
5 occupational license for a violation, or institute
6 appropriate legal action for enforcement, or both.
7 (6) To adopt standards for the licensing of all
8 persons under this Act, as well as for electronic or
9 mechanical gambling games, and to establish fees for such
10 licenses.
11 (7) To adopt appropriate standards for all
12 riverboats and facilities.
13 (8) To require that the records, including
14 financial or other statements of any licensee under this
15 Act, shall be kept in such manner as prescribed by the
16 Board and that any such licensee involved in the
17 ownership or management of gambling operations submit to
18 the Board an annual balance sheet and profit and loss
19 statement, list of the stockholders or other persons
20 having a 1% or greater beneficial interest in the
21 gambling activities of each licensee, and any other
22 information the Board deems necessary in order to
23 effectively administer this Act and all rules,
24 regulations, orders and final decisions promulgated under
25 this Act.
26 (8.1) To determine which entities and persons shall
27 be subject to Board approval for involvement in the
28 ownership or operations of riverboat gambling in Illinois
29 and to approve the participation of such entities and
30 persons, including approvals related to parent and
31 subsidiary entities.
32 (9) To conduct hearings, issue subpoenas for the
33 attendance of witnesses and subpoenas duces tecum for the
34 production of books, records and other pertinent
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1 documents in accordance with the Illinois Administrative
2 Procedure Act, and to administer oaths and affirmations
3 to the witnesses, when, in the judgment of the Board, it
4 is necessary to administer or enforce this Act or the
5 Board rules.
6 (10) To prescribe a form to be used by any licensee
7 involved in the ownership or management of gambling
8 operations as an application for employment for their
9 employees.
10 (11) To revoke or suspend licenses, as the Board
11 may see fit and in compliance with applicable laws of the
12 State regarding administrative procedures, and to review
13 applications for the renewal of licenses. The Board may
14 suspend an owners license, without notice or hearing upon
15 a determination that the safety or health of patrons or
16 employees is jeopardized by continuing a riverboat's
17 operation. The suspension may remain in effect until the
18 Board determines that the cause for suspension has been
19 abated. The Board may revoke the owners license upon a
20 determination that the owner has not made satisfactory
21 progress toward abating the hazard.
22 (12) To eject or exclude or authorize the ejection
23 or exclusion of, any person from riverboat gambling
24 facilities where such person is in violation of this Act,
25 rules and regulations thereunder, or final orders of the
26 Board, or where such person's conduct or reputation is
27 such that his presence within the riverboat gambling
28 facilities may, in the opinion of the Board, call into
29 question the honesty and integrity of the gambling
30 operations or interfere with orderly conduct thereof;
31 provided that the propriety of such ejection or exclusion
32 is subject to subsequent hearing by the Board.
33 (13) To require all licensees of gambling
34 operations to utilize a cashless wagering system whereby
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1 all players' money is converted to tokens, electronic
2 cards, or chips which shall be used only for wagering in
3 the gambling establishment.
4 (14) To authorize the routes of a riverboat and the
5 stops which a riverboat may make.
6 (15) To suspend, revoke or restrict licenses, to
7 require the removal of a licensee or an employee,
8 officer, director, or shareholder of a licensee, or to
9 require the termination of a business relationship, for a
10 violation of this Act or a Board rule or for engaging in
11 a fraudulent practice, and to impose civil penalties of
12 up to $5,000 against individuals and up to $10,000 or an
13 amount equal to the daily gross receipts, whichever is
14 larger, against licensees for each violation of any
15 provision of the Act, any rules adopted by the Board, any
16 order of the Board or any other action which, in the
17 Board's discretion, is a detriment or impediment to
18 riverboat gambling operations.
19 (16) To hire employees to gather information,
20 conduct investigations and carry out any other tasks
21 contemplated under this Act.
22 (17) To establish minimum levels of insurance to be
23 maintained by licensees.
24 (18) To authorize a licensee to sell or serve
25 alcoholic liquors, wine or beer as defined in the Liquor
26 Control Act of 1934 on board a riverboat and to have
27 exclusive authority to establish the hours for sale and
28 consumption of alcoholic liquor on board a riverboat,
29 notwithstanding any provision of the Liquor Control Act
30 of 1934 or any local ordinance. The establishment of the
31 hours for sale and consumption of alcoholic liquor on
32 board a riverboat is an exclusive power and function of
33 the State. A home rule unit may not establish the hours
34 for sale and consumption of alcoholic liquor on board a
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1 riverboat. This amendatory Act of 1991 is a denial and
2 limitation of home rule powers and functions under
3 subsection (h) of Section 6 of Article VII of the
4 Illinois Constitution.
5 (19) After consultation with the U.S. Army Corps of
6 Engineers, to establish binding emergency orders upon the
7 concurrence of a majority of the members of the Board
8 regarding the navigability of rivers in the event of
9 extreme weather conditions, acts of God or other extreme
10 circumstances.
11 (20) To adopt rules governing the requirements for
12 disclosure and approval of contracts entered into by
13 licensees.
14 (21) To petition the circuit court of Sangamon
15 County for appointment of a receiver for a riverboat
16 gambling operation when any of the following conditions
17 exist: (A) the Board has suspended, revoked or refused to
18 renew the license of the owner; (B) the riverboat
19 gambling operation is closing and the owner is
20 voluntarily surrendering the owner's license; or (C) an
21 investigation is pending that may result in the
22 revocation or nonrenewal of an owners license. The
23 receiver appointed by the court shall be an individual or
24 entity selected from among 3 nominees for receiver
25 submitted to the court by the Board. A copy of the
26 petition and notice of a hearing, to be held within 5
27 days of the filing of the petition, shall be served on
28 the owner of the license as provided under the Civil
29 Practice Law. The Board shall determine the amount of
30 reasonable compensation, fees, and expenses to be
31 assessed and retained by the receiver from the adjusted
32 gross receipts of the riverboat gambling operation, after
33 the payment of wagering and admission taxes, for the
34 services, costs, and expenses of the receiver and for any
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1 other persons whom the receiver may engage to assist him
2 or her in performing his or her duties. The
3 compensation, fees, and expenses authorized by the Board
4 shall have the same priority as the payment and
5 collection of taxes and fees to the State required under
6 this Act. The powers and duties of the receiver shall be
7 requested in the petition and determined by the court,
8 but in no event shall the duration of the receiver exceed
9 one year.
10 (22) (20) To delegate the execution of any of its
11 powers under this Act for the purpose of administering
12 and enforcing this Act and its rules and regulations
13 hereunder.
14 (23) (21) To take any other action as may be
15 reasonable or appropriate to enforce this Act and rules
16 and regulations hereunder.
17 (d) The Board may seek and shall receive the cooperation
18 of the Department of State Police in conducting background
19 investigations of applicants and in fulfilling its
20 responsibilities under this Section. Costs incurred by the
21 Department of State Police as a result of such cooperation
22 shall be paid by the Board in conformance with the
23 requirements of subsection 22 of Section 55a of The Civil
24 Administrative Code of Illinois.
25 (Source: P.A. 86-1029; 86-1389; 87-826.)
26 (230 ILCS 10/5.2 new)
27 Sec. 5.2. Code of conduct.
28 (a) Members and employees of the Board are to discharge
29 their duties and responsibilities with undivided loyalty to
30 the Board and in such a manner as to promote and preserve
31 public trust and confidence in the integrity of the conduct
32 of gaming and in the integrity and impartiality of the Board.
33 No Board member or employee shall use or attempt to use his
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1 or her official position to secure any privilege or advantage
2 for himself, herself, or others. Members and employees of
3 the Board shall bear responsibility for adherence to this
4 general policy and to the following specific components of
5 this code of conduct.
6 (1) Except as may be required in the conduct of
7 official duties, members and employees of the Board shall
8 not engage in gambling on a riverboat casino licensed by
9 the Board, nor engage in legalized gambling in any other
10 establishment, in Illinois or elsewhere, identified by
11 Board action that, in the judgment of the Board, could
12 represent a potential for a conflict of interest.
13 (2) Members and employees of the Board shall not
14 hold or pursue employment, office, position, business, or
15 an occupation that may conflict with the official duties
16 of that member or employee. Members and employees may
17 engage in other gainful employment that does not
18 interfere or conflict with their duties, provided that
19 such employment is disclosed to the Administrator and the
20 Board and approved by the Board or, as delegated, by the
21 Administrator.
22 (3) Members and employees of the Board and their
23 spouses, children, and parents may not accept a gift,
24 gratuity, service, or thing of value of other than
25 incidental nature from an applicant for or the holder of
26 a license issued by the Board.
27 (4) Neither Board members nor employees of the
28 Board nor their spouses, children, or parents may hold,
29 acquire, or cause or encourage any other person to
30 acquire the stock, other actual or contingent form of
31 ownership interest, the debt instruments of, or other
32 financial interest in an applicant for or the holder of a
33 license issued by the Board. The holding or acquisition
34 of an interest in such entities through indirect means,
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1 such as through a mutual fund, shall not be prohibited,
2 except that the Board may identify specific investments
3 or funds that, in its judgment, are so influenced by
4 gaming holdings as to represent the potential for a
5 conflict of interest.
6 Members of the Board upon leaving office and
7 employees of the Board upon termination from employment
8 with the Board are precluded for a period of one year
9 from the acquisition of $20,000 or more in ownership
10 interest in an applicant for or holder of a license
11 issued by the Board.
12 (5) Employees of the Board and their spouses,
13 children or parents shall not be employed by, directly or
14 indirectly under contract with, or have any economic
15 association with an applicant for or the holder of a
16 license issued by the Board.
17 If the spouse, child, or parent of an employee of
18 the Board has an employment or contractual relationship
19 or economic association with the applicant for or the
20 holder of a license issued by the Board, that employee
21 shall immediately disclose this relationship to the
22 Administrator and may seek a waiver of this prohibition
23 from the Board.
24 (6) Members of the Board and their spouses,
25 children, or parents may not be in the employ or directly
26 under contract with an applicant for or holder of a
27 license issued by the Board, nor any entity or individual
28 identified by Board action that, in the judgment of the
29 Board, could represent the potential for a conflict of
30 interest.
31 (7) Each member of the Board that owns or is
32 employed by a firm or business entity shall, to the best
33 of his or her ability, identify any current economic
34 relationship, direct or indirect, representing the
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1 potential for a conflict of interest that may exist
2 between the Board member's firm or business entity and an
3 applicant for or holder of a license issued by the Board.
4 The Board member shall declare his or her intention to
5 refrain from deliberations and voting on questions
6 related to the gaming entity in that relationship.
7 (8) Members of the Board, upon leaving office, and
8 the executive staff in the service of the Board, upon
9 termination from employment with the Board, shall be
10 precluded, for a period of one year, from accepting
11 employment with an applicant for or a holder of a license
12 issued by the Board and shall be similarly precluded from
13 representing before the Board the interests of an
14 applicant for or the holder of a license issued by the
15 Board. For purposes of this Section, "executive staff in
16 the service of the Board" shall include the
17 Administrator, all personnel supervised by the
18 Administrator, and all personnel supervised by an
19 individual who is supervised by the Administrator.
20 (9) Professional service agents of the Board may be
21 subject to terms and conditions relating to limitations
22 or prohibitions in representation, employment, and
23 contracting with entities or individuals licensed by the
24 Board or applying for Board licensure. Such limitations
25 and prohibitions shall be contained in the professional
26 service contracts of the Board. For purposes of this
27 Section, "professional service agents of the Board" shall
28 include any person, corporation, or organization
29 providing legal, accounting, financial, public relations,
30 auditing, architectural, data processing, or management
31 consulting services.
32 (10) Members of the Board and all employees of the
33 Board may not solicit political contributions from others
34 for any political purpose, including, but not limited to,
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1 candidates for elective office or any political cause.
2 Nothing in this paragraph (10) precludes a Board member
3 or any employee of the Board from making a contribution
4 for a political purpose.
5 (11) No member of the Board or employee of the
6 Board shall use his or her capacity or authority to
7 influence an election.
8 (12) No member of the Board or employee of the
9 Board shall act in an official capacity where a family
10 member has a direct or indirect financial interest.
11 (13) No Board member or employee of the Board may
12 hold an elective office of the State or of any unit of
13 local government, school district, or political party
14 that conflicts with his or her official duties as a Board
15 member or employee of the Board. Any current or
16 prospective Board member or employee of the Board may
17 request an opinion of the Attorney General on the
18 question of whether the holding of a specific office
19 would conflict with the duties of a Board member or
20 employee of the Board.
21 (14) Members of the Board and all employees of the
22 Board shall be required to complete and file on a timely
23 basis with the Board of Ethics, the Statement of Economic
24 Interest required pursuant to Executive Order 77-3 as
25 issued or amended. A copy of the Statement of Economic
26 Interest shall be provided to the Administrator.
27 (b) The purpose of this amendatory Act of 1997 is to
28 assure, to the maximum extent possible, that persons subject
29 to this Section avoid situations or relationships that may
30 lead to or represent a conflict of interest. If an employee
31 of the Board has a question or concern as to the
32 applicability of this Section to a current or prospective
33 situation or relationship, that matter should be presented to
34 the Chairman of the Board or the Administrator for
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1 clarification or guidance.
2 Certain of the prohibitions in this Section apply to the
3 parents and children of the Board members and employees. For
4 purposes of this Section, these represent the blood lineal
5 relations of employees or Board members and, in the case of
6 children, legally adopted children. It is recognized that in
7 some cases, members and employees may have limited influence
8 over the decisions of these relatives. This limited
9 influence shall be taken into consideration in evaluating the
10 circumstances of a violation or a potential violation of this
11 Section that involves the lineal relatives of a Board member
12 or employee.
13 (c) A violation of subsection (a) by a Board member or
14 employee of the Board constitutes a Class A misdemeanor for
15 which a fine of up to $10,000 may be imposed. Each violation
16 of subsection (a) constitutes a separate offense.
17 (d) A violation of subsection (a) by a Board member
18 constitutes grounds for removal from office by the Governor.
19 A violation of subsection (a) by an employee of the Board,
20 established either by a conviction under subsection (c) or by
21 the Board or the Administrator after investigation and
22 hearing, constitutes grounds for termination of employment by
23 the Board.
24 (e) A person who is an applicant for or a holder of a
25 license issued under this Act, and an agent or representative
26 of such a person, shall not do or attempt to do any act
27 constituting or encouraging the violation of this Section by
28 a Board member or person in the service of the Board or by
29 their respective spouses, children, or parents. A violation
30 of this subsection (e) is a Class A misdemeanor for which a
31 fine of up to $10,000 may be imposed. Each violation of this
32 subsection (e) constitutes a separate offense.
33 (f) The provisions of this Section are not in derogation
34 of any civil, administrative, or criminal penalty existing in
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1 any other law.
2 (230 ILCS 10/6) (from Ch. 120, par. 2406)
3 Sec. 6. Application for Owners License.
4 (a) A qualified person may apply to the Board for an
5 owners license to conduct a riverboat gambling operation as
6 provided in this Act. The application shall be made on forms
7 provided by the Board and shall contain such information as
8 the Board prescribes, including but not limited to the
9 identity of the riverboat on which such gambling operation is
10 to be conducted and the exact location where such riverboat
11 will be docked, a certification that the riverboat will be
12 registered under this Act at all times during which gambling
13 operations are conducted on board, detailed information
14 regarding the ownership and management of the applicant, and
15 detailed personal information regarding the applicant.
16 Information provided on the application shall be used as a
17 basis for a thorough background investigation which the Board
18 shall conduct with respect to each applicant. An incomplete
19 application shall be cause for denial of a license by the
20 Board.
21 (b) Applicants shall submit with their application all
22 documents, resolutions, and letters of support from the
23 governing body that represents the municipality or county
24 wherein the licensee will dock.
25 (c) Each applicant shall disclose the identity of every
26 person, association, trust or corporation having a greater
27 than 1% direct or indirect pecuniary interest in the
28 riverboat gambling operation with respect to which the
29 license is sought. If the disclosed entity is a trust, the
30 application shall disclose the names and addresses of the
31 beneficiaries; if a corporation, the names and addresses of
32 all stockholders and directors; if a partnership, the names
33 and addresses of all partners, both general and limited.
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1 (d) An application shall be filed and considered
2 pursuant to the rules of with the Board by January 1 of the
3 year preceding any calendar year for which an applicant seeks
4 an owners license; however, applications for an owners
5 license permitting operations on January 1, 1991 shall be
6 filed by July 1, 1990. An application fee of $50,000 shall
7 be paid at the time of filing to defray the costs associated
8 with the background investigation conducted by the Board. If
9 the costs of the investigation exceed $50,000, the applicant
10 shall pay the additional amount to the Board. If the costs
11 of the investigation are less than $50,000, the applicant
12 shall receive a refund of the remaining amount. All
13 information, records, interviews, reports, statements,
14 memoranda or other data supplied to or used by the Board in
15 the course of its review or investigation of an application
16 for a license under this Act shall be privileged, strictly
17 confidential and shall be used only for the purpose of
18 evaluating an applicant. Such information, records,
19 interviews, reports, statements, memoranda or other data
20 shall not be admissible as evidence, nor discoverable in any
21 action of any kind in any court or before any tribunal,
22 board, agency or person, except for any action deemed
23 necessary by the Board.
24 (e) The Board shall charge each applicant a fee set by
25 the Department of State Police to defray the costs associated
26 with the search and classification of fingerprints obtained
27 by the Board with respect to the applicant's application.
28 These fees shall be paid into the State Police Services Fund.
29 (f) The licensed owner shall be the person primarily
30 responsible for the boat itself. Only one riverboat gambling
31 operation may be authorized by the Board on any riverboat.
32 The applicant must identify each riverboat it intends to use
33 and certify that the riverboat: (1) has the authorized
34 capacity required in this Act; (2) is accessible to disabled
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1 persons; (3) is either a replica of a 19th century Illinois
2 riverboat or of a casino cruise ship design; and (4) is fully
3 registered and licensed in accordance with any applicable
4 laws.
5 (g) The requirements of this Section shall apply to the
6 issuance of any owners license under this Act and, pursuant
7 to the rules of the Board, shall apply to the transfer of
8 ownership interests in a license.
9 (h) (g) A person who knowingly makes a false statement
10 on an application is guilty of a Class A misdemeanor.
11 (Source: P.A. 86-1029; 86-1389.)
12 (230 ILCS 10/7) (from Ch. 120, par. 2407)
13 Sec. 7. Owners Licenses.
14 (a) The Board shall issue owners licenses to persons,
15 firms or corporations which apply for such licenses upon
16 payment to the Board of the non-refundable license fee set by
17 the Board, upon payment of a $25,000 license fee for the
18 first year of operation and a $5,000 license fee for each
19 succeeding year and upon a determination by the Board that
20 the applicant is eligible for an owners license pursuant to
21 this Act and the rules of the Board. A person, firm or
22 corporation is ineligible to receive an owners license if:
23 (1) the person has been convicted of a felony under
24 the laws of this State, any other state, or the United
25 States;
26 (2) the person has been convicted of any violation
27 of Article 28 of the Criminal Code of 1961, or
28 substantially similar laws of any other jurisdiction;
29 (3) the person has submitted an application for a
30 license under this Act which contains false information;
31 (4) the person is a member of the Board;
32 (5) a person defined in (1), (2), (3) or (4) is an
33 officer, director or managerial employee of the firm or
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1 corporation;
2 (6) the firm or corporation employs a person
3 defined in (1), (2), (3) or (4) who participates in the
4 management or operation of gambling operations authorized
5 under this Act;
6 (7) the person, firm or corporation owns more than
7 a 10% ownership interest in any entity holding an owners
8 license issued under this Act; or
9 (8) a license of the person, firm or corporation
10 issued under this Act, or a license to own or operate
11 gambling facilities in any other jurisdiction, has been
12 revoked.
13 (b) In determining whether to grant an owners license to
14 an applicant, the Board shall consider:
15 (1) the character, reputation, experience, business
16 history, business practices and financial integrity of
17 the applicants and of any other or separate person that
18 either:
19 (A) controls, directly or indirectly, such
20 applicant, or
21 (B) is controlled, directly or indirectly, by
22 such applicant or by a person which controls,
23 directly or indirectly, such applicant;
24 (2) the facilities or proposed facilities for the
25 conduct of riverboat gambling;
26 (3) the highest prospective total revenue to be
27 derived by the State from the conduct of riverboat
28 gambling;
29 (4) the good faith affirmative action plan of each
30 applicant to recruit, train and upgrade minorities in all
31 employment classifications;
32 (5) the financial ability of the applicant to
33 purchase and maintain adequate liability and casualty
34 insurance;
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1 (6) whether the applicant has adequate financial
2 means and capitalization to provide and maintain, for the
3 duration of a license, a riverboat; and
4 (7) the extent to which the applicant exceeds or
5 meets other standards for the issuance of an owners
6 license which the Board may adopt by rule.
7 (c) Each owners license shall specify the place where
8 riverboats shall operate and dock.
9 (d) Each applicant shall submit with the his
10 application, on forms provided by the Board, 2 sets of all
11 his fingerprints required by the Board.
12 (e) The Board may issue up to 10 licenses authorizing
13 the holders of such licenses to own riverboats. In the
14 application for an owners license, the applicant shall state
15 the dock at which the riverboat is based and the navigable
16 stream on which the riverboat will operate. At all times at
17 least 6 of the owners licenses shall specify that the
18 riverboats shall dock and operate outside the counties of
19 Cook, DuPage, Kane, Lake, McHenry and Will. The Board shall
20 issue 5 licenses to become effective not earlier than January
21 1, 1991. Four of such licenses shall authorize riverboat
22 gambling on the Mississippi River, one of which shall
23 authorize riverboat gambling from a home dock in the city of
24 East St. Louis. The other license shall authorize riverboat
25 gambling on the Illinois River south of Marshall County. The
26 Board shall issue 1 additional license to become effective
27 not earlier than March 1, 1992, which shall authorize
28 riverboat gambling on the Des Plaines River in Will County.
29 The Board may issue 4 additional licenses to become effective
30 not earlier than March 1, 1992. In determining the navigable
31 streams upon which riverboats will operate with licenses
32 effective on or after March 1, 1992, the Board in selecting
33 from among competing applications shall consider the economic
34 benefit which riverboat gambling confers on the State and the
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1 local area where riverboats operate, and shall seek to assure
2 that all regions of the State share in the economic benefits
3 of riverboat gambling.
4 In granting all licenses, the Board may give favorable
5 consideration to economically depressed areas of the State,
6 to applicants presenting plans which provide for significant
7 economic development over a large geographic area, and to
8 applicants who currently operate non-gambling riverboats in
9 Illinois. The Board shall review all applications for owners
10 licenses, and shall inform each applicant of the Board's
11 decision.
12 The Board may revoke the owners license of a licensee
13 which fails to begin regular riverboat cruises within 12
14 months of receipt of the Board's approval of the application
15 if the Board determines that license revocation is in the
16 best interests of the State.
17 (f) The first 10 owners licenses issued under this Act
18 shall permit the holder to own up to 2 riverboats and
19 equipment thereon for an initial a period of 3 years after
20 the effective date of the license. Holders of the first 10
21 owners licenses must pay the annual license fee for each of
22 the 3 years during which they are authorized to own
23 riverboats.
24 (g) Upon the termination, expiration or revocation of
25 owners each of the first 10 licenses, which shall be issued
26 initially for a 3 year period, all licenses are renewable as
27 provided under Section 7.1 and the rules of the Board
28 annually upon payment of the annual license fee and a
29 determination by the Board that the licensee continues to
30 meet all of the requirements of this Act and the Board's
31 rules. If any owners license is not renewed upon expiration
32 of the initial 3 year licensing period or any licensing
33 period thereafter, or if a license is revoked or terminated
34 for any reason prior to the expiration of the licensing
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1 period, in accordance with its rules the Board shall solicit
2 and review applications for the owners license and issue the
3 license to an applicant based upon the Board's consideration
4 of all relevant factors used in granting other owners
5 licenses.
6 (h) An owners license shall entitle the licensee to own
7 up to 2 riverboats. A licensee shall limit the number of
8 gambling participants to 1,200 for any such owners license.
9 Riverboats licensed to operate on the Mississippi River and
10 the Illinois River south of Marshall County shall have an
11 authorized capacity of at least 500 persons. Any other
12 riverboat licensed under this Act shall have an authorized
13 capacity of at least 400 persons.
14 (i) A licensed owner is authorized to apply to the Board
15 for and, if approved therefor, to receive all licenses from
16 the Board necessary for the operation of a riverboat,
17 including a liquor license, a license to prepare and serve
18 food for human consumption, and other necessary licenses.
19 All use, occupation and excise taxes which apply to the sale
20 of food and beverages in this State and all taxes imposed on
21 the sale or use of tangible personal property apply to such
22 sales aboard the riverboat.
23 (j) None of the first 5 licenses issued by the Board to
24 become effective not earlier than January 1, 1991 shall
25 authorize a riverboat to dock in a municipality with a
26 population of under 2,000; however, this restriction does not
27 apply to any additional licenses issued by the Board to
28 become effective not earlier than March 1, 1992. The Board
29 may issue a license authorizing a riverboat to dock in a
30 municipality only if, prior to the issuance of the license,
31 the governing body of the municipality has by a majority vote
32 approved the docking of riverboats in the municipality. The
33 Board may issue a license authorizing a riverboat to dock in
34 areas of a county outside any municipality only if, prior to
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1 the issuance of the license, the governing body of the county
2 has by a majority vote approved of the docking of riverboats
3 within such areas.
4 (k) Nothing in this Act shall be interpreted to prohibit
5 a licensed owner from operating a school for the training of
6 any occupational licensee.
7 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
8 (230 ILCS 10/7.1 new)
9 Sec. 7.1. Additional requirements.
10 (a) The Board may authorize renewal of an owners license
11 for a period up to 4 years when, in the judgment of the
12 Board, such renewal is in the best interests of this Act and
13 in the best interests of the conduct of gaming.
14 (b) Upon renewal of an owners license, or at such other
15 time as may be required during the term of the license, the
16 Board may impose such restrictions and conditions upon the
17 holder of the owners license as, in the judgment of the
18 Board, are necessary and appropriate to:
19 (1) Promote and maintain the legislative intent of
20 this Act;
21 (2) Improve the conduct and integrity of gaming and
22 gaming operations; and
23 (3) Maintain the financial viability of the gaming
24 operation.
25 (c) The Board may adopt rules and regulations regarding
26 changes in the ownership interest of an owners license as
27 may be required to:
28 (1) Promote and maintain the legislative intent of
29 this Act;
30 (2) Promote and maintain the integrity and conduct
31 of gaming and gaming operations;
32 (3) Assure that ownership interest is held by
33 persons or entities with appropriate levels of management
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1 and gaming acumen and experience;
2 (4) Promote and maintain the financial viability of
3 the gaming operation; and
4 (5) Assure the additional standards for ownership
5 approval prescribed in other Sections of this Act are
6 met.
7 (d) The Board shall adopt rules and regulations
8 concerning the contractual and financial transactions of
9 licensed gaming operations, including payments or
10 distributions to related parties, as are necessary to:
11 (1) Assure that all consideration included in
12 contracts, written or oral, is based upon fair market
13 value;
14 (2) Assure such transactions do not infringe or
15 tend to infringe upon the integrity of gaming or the
16 legislative intent of the Act;
17 (3) Preserve the equity base and financial
18 viability of a licensed gaming operation; and
19 (4) Prevent unauthorized payment or distribution of
20 the benefits of ownership interest in an Illinois
21 riverboat gambling operation.
22 (230 ILCS 10/8) (from Ch. 120, par. 2408)
23 Sec. 8. Suppliers licenses.
24 (a) The Board may issue a suppliers license to such
25 persons, firms or corporations which apply therefor upon the
26 payment of a non-refundable application fee set by the Board,
27 upon a determination by the Board that the applicant is
28 eligible for a suppliers license and upon payment of a $5,000
29 annual license fee. The Board may by rule provide for an
30 annual supplier license fee graduated on the basis of the
31 amount of business transacted in Illinois, but in no case may
32 such graduated fees exceed $5,000 per year.
33 (b) The holder of a suppliers license is authorized to
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1 sell or lease, and to contract to sell or lease, gambling
2 equipment and supplies to any licensee involved in the
3 ownership or management of gambling operations.
4 (c) Gambling supplies and equipment may not be
5 distributed unless supplies and equipment conform to
6 standards adopted by rules of the Board.
7 (d) A person, firm or corporation is ineligible to
8 receive a suppliers license if:
9 (1) the person has been convicted of a felony under
10 the laws of this State, any other state, or the United
11 States;
12 (2) the person has been convicted of any violation
13 of Article 28 of the Criminal Code of 1961, or
14 substantially similar laws of any other jurisdiction;
15 (3) the person has submitted an application for a
16 license under this Act which contains false information;
17 (4) the person is a member of the Board;
18 (5) the firm or corporation is one in which a
19 person defined in (1), (2), (3) or (4), is an officer,
20 director or managerial employee;
21 (6) the firm or corporation employs a person who
22 participates in the management or operation of riverboat
23 gambling authorized under this Act; or
24 (7) the license of the person, firm or corporation
25 issued under this Act, or a license to own or operate
26 gambling facilities in any other jurisdiction, has been
27 revoked.
28 (e) Any person that supplies any equipment, devices, or
29 supplies to a licensed riverboat gambling operation must
30 first obtain a suppliers license. A supplier shall furnish
31 to the Board a list of all equipment, devices and supplies
32 offered for sale or lease in connection with gambling games
33 authorized under this Act. A supplier shall keep books and
34 records for the furnishing of equipment, devices and supplies
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1 to gambling operations separate and distinct from any other
2 business that the supplier might operate. A supplier shall
3 file a quarterly return with the Board listing all sales and
4 leases. A supplier shall permanently affix its name to all
5 its equipment, devices, and supplies for gambling operations.
6 Any supplier's equipment, devices or supplies which are used
7 by any person in an unauthorized gambling operation shall be
8 forfeited to the State. A licensed owner may own its own
9 equipment, devices and supplies. Each holder of an owners
10 license under the Act shall file an annual report listing its
11 inventories of gambling equipment, devices and supplies.
12 (f) Any person who knowingly makes a false statement on
13 an application is guilty of a Class A misdemeanor.
14 (g) Any gambling equipment, devices and supplies
15 provided by any licensed supplier may either be repaired on
16 the riverboat or removed from the riverboat to an on-shore
17 facility owned by the holder of an owners license for repair.
18 (Source: P.A. 86-1029; 87-826.)
19 (230 ILCS 10/9) (from Ch. 120, par. 2409)
20 Sec. 9. Occupational licenses.
21 (a) The Board may issue an occupational license to an
22 applicant upon the payment of a non-refundable fee set by the
23 Board, upon a determination by the Board that the applicant
24 is eligible for an occupational license and upon payment of
25 an annual license fee in an amount to be established. To be
26 eligible for an occupational license, an applicant must:
27 (1) be at least 21 years of age if the applicant
28 will perform any function involved in gaming by patrons.
29 Any applicant seeking an occupational license for a
30 non-gaming function shall be at least 18 years of age;
31 (2) not have been convicted of a felony offense, a
32 violation of Article 28 of the Criminal Code of 1961, or
33 a similar statute of any other jurisdiction, or a crime
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1 involving dishonesty or moral turpitude;
2 (3) have demonstrated a level of skill or knowledge
3 which the Board determines to be necessary in order to
4 operate gambling aboard a riverboat; and
5 (4) have met standards for the holding of an
6 occupational license as adopted by rules of the Board.
7 Such rules shall provide that any person or entity
8 seeking an occupational license to manage gambling
9 operations hereunder shall be subject to background
10 inquiries and further requirements similar to those
11 required of applicants for an owners license.
12 Furthermore, such rules shall provide that each such
13 entity shall be permitted to manage gambling operations
14 for only one licensed owner.
15 (b) Each application for an occupational license shall
16 be on forms prescribed by the Board and shall contain all
17 information required by the Board. The applicant shall set
18 forth in the application: whether he has been issued prior
19 gambling related licenses; whether he has been licensed in
20 any other state under any other name, and, if so, such name
21 and his age; and whether or not a permit or license issued to
22 him in any other state has been suspended, restricted or
23 revoked, and, if so, for what period of time.
24 (c) Each applicant shall submit with his application, on
25 forms provided by the Board, 2 sets of his fingerprints. The
26 Board shall charge each applicant a fee set by the Department
27 of State Police to defray the costs associated with the
28 search and classification of fingerprints obtained by the
29 Board with respect to the applicant's application. These
30 fees shall be paid into the State Police Services Fund.
31 (d) The Board may in its discretion refuse an
32 occupational license to any person: (1) who is unqualified to
33 perform the duties required of such applicant; (2) who fails
34 to disclose or states falsely any information called for in
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1 the application; (3) who has been found guilty of a violation
2 of this Act or whose prior gambling related license or
3 application therefor has been suspended, restricted, revoked
4 or denied for just cause in any other state; or (4) for any
5 other just cause.
6 (e) The Board may suspend, revoke or restrict any
7 occupational licensee: (1) for violation of any provision of
8 this Act; (2) for violation of any of the rules and
9 regulations of the Board; (3) for any cause which, if known
10 to the Board, would have disqualified the applicant from
11 receiving such license; or (4) for default in the payment of
12 any obligation or debt due to the State of Illinois; or (5)
13 for any other just cause.
14 (f) A person who knowingly makes a false statement on an
15 application is guilty of a Class A misdemeanor.
16 (g) Any license issued pursuant to this Section shall be
17 valid for a period of one year from the date of issuance.
18 (h) Nothing in this Act shall be interpreted to prohibit
19 a licensed owner from entering into an agreement with a
20 public community college or a school approved under the
21 Private Business and Vocational Schools Act for the training
22 of any occupational licensee. Any training offered by such a
23 school shall be in accordance with a written agreement
24 between the licensed owner and the school.
25 (i) Any training provided for occupational licensees may
26 be conducted either on the riverboat or at a school with
27 which a licensed owner has entered into an agreement pursuant
28 to subsection (h).
29 (Source: P.A. 86-1029; 87-826.)
30 (230 ILCS 10/11) (from Ch. 120, par. 2411)
31 Sec. 11. Conduct of gambling.
32 (a) Gambling may be conducted by licensed owners aboard
33 riverboats, subject to the following standards:
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1 (1) Except as authorized by this Act, no gambling
2 may be conducted while a riverboat is docked.
3 (2) Riverboat cruises may not exceed 4 hours for a
4 round trip, with the exception of any extended cruises,
5 each of which shall be expressly approved by the Board.
6 (3) Minimum and maximum wagers on games shall be
7 set by the licensee.
8 (4) Agents of the Board and the Department of State
9 Police may board and inspect any riverboat at any time
10 for the purpose of determining whether this Act is being
11 complied with. Every riverboat, if under way and being
12 hailed by a law enforcement officer or agent of the
13 Board, must stop immediately and lay to.
14 (5) Employees of the Board shall have the right to
15 be present on the riverboat or on adjacent facilities
16 under the control of the licensee.
17 (6) Gambling equipment and supplies customarily
18 used in conducting riverboat gambling must be purchased
19 or leased only from suppliers licensed for such purpose
20 under this Act. However, the Board may approve the sale
21 or lease of gambling equipment and supplies by a licensed
22 owner. A licensed owner may bring gambling equipment and
23 supplies that it has legally acquired into this State for
24 use in Illinois, subject to approval of the Board.
25 (7) Persons licensed under this Act shall permit no
26 form of wagering on gambling games except as permitted by
27 this Act.
28 (8) Wagers may be received only from a person
29 present on a licensed riverboat. No person present on a
30 licensed riverboat shall place or attempt to place a
31 wager on behalf of another person who is not present on
32 the riverboat.
33 (9) Wagering shall not be conducted with money or
34 other negotiable currency.
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1 (10) A person under age 21 shall not be permitted
2 on an area of a riverboat where gambling is being
3 conducted, except for a person at least 18 years of age
4 who is an employee of the riverboat gambling operation.
5 No employee under age 21 shall perform any function
6 involved in gambling by the patrons. No person under age
7 21 shall be permitted to make a wager under this Act, and
8 any winnings that are the result of such an illegal wager
9 by a person under age 21, whether or not paid by the
10 gambling operation, shall be treated as winnings for
11 wagering tax purposes, confiscated, and forfeited to the
12 State and deposited in the Education Assistance Fund.
13 (11) Gambling excursion cruises are permitted only
14 when the navigable stream for which the riverboat is
15 licensed is navigable, as determined by the Board in
16 consultation with the U.S. Army Corps of Engineers.
17 (12) All tokens, chips or electronic cards used to
18 make wagers must be purchased from a licensed owner
19 either aboard a riverboat or at an onshore facility which
20 has been approved by the Board and which is located where
21 the riverboat docks. The tokens, chips or electronic
22 cards may be purchased by means of an agreement under
23 which the owner extends credit to the patron. Such
24 tokens, chips or electronic cards may be used while
25 aboard the riverboat only for the purpose of making
26 wagers on gambling games.
27 (13) Notwithstanding any other Section of this Act,
28 in addition to the other licenses authorized under this
29 Act, the Board may issue special event licenses allowing
30 persons who are not otherwise licensed to conduct
31 riverboat gambling to conduct such gambling on a
32 specified date or series of dates. Riverboat gambling
33 under such a license may take place on a riverboat not
34 normally used for riverboat gambling. The Board shall
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1 establish standards, fees and fines for, and limitations
2 upon, such licenses, which may differ from the standards,
3 fees, fines and limitations otherwise applicable under
4 this Act. All such fees shall be deposited into the
5 State Gaming Fund. All such fines shall be deposited
6 into the Education Assistance Fund, created by Public Act
7 86-0018, of the State of Illinois.
8 (14) In addition to the above, gambling must be
9 conducted in accordance with all rules adopted by the
10 Board.
11 (Source: P.A. 86-1029; 86-1389; 87-826.)
12 (230 ILCS 10/11.2 new)
13 Sec. 11.2. Riverboat cruises and gambling excursions.
14 (a) The Board shall establish all requirements for the
15 times and conditions under which a riverboat licensed under
16 this Act shall cruise while gaming is conducted. The Board
17 shall assure that each riverboat licensed under this Act
18 conducts gaming cruises to the maximum extent practicable
19 given concerns for vessel and passenger safety.
20 (B) The Board shall establish the requirements for the
21 conduct of gaming excursions, including the length of time
22 for gaming excursions and the conditions under which gaming
23 may be conducted while passenger ingress and egress is in
24 progress.
25 (230 ILCS 10/13) (from Ch. 120, par. 2413)
26 Sec. 13. Wagering tax; Rate; Distribution.
27 (a) A tax is imposed on the adjusted gross receipts
28 received from gambling games authorized under this Act at the
29 rate of 20%. The taxes imposed by this Section shall be paid
30 by the licensed owner to the Board after the close of the day
31 when the wagers were made but not later than the time fixed
32 by the Board.
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1 (b) Twenty-five percent (25%) of the tax revenue
2 deposited in the State Gaming Fund under this Section shall
3 be paid, subject to appropriation by the General Assembly, to
4 the unit of local government which is designated as the home
5 dock of the riverboat.
6 (c) Appropriations, as approved by the General Assembly,
7 may be made from the State Gaming Fund to the Board
8 Department of Revenue and the Department of State Police for
9 the administration and enforcement of this Act.
10 (d) From time to time, the Board shall transfer the
11 remainder of the funds generated by this Act into the
12 Education Assistance Fund, created by Public Act 86-0018, of
13 the State of Illinois.
14 (e) Nothing in this Act shall prohibit the unit of local
15 government designated as the home dock of the riverboat from
16 entering into agreements with other units of local government
17 in this State or in other states to share its portion of the
18 tax revenue.
19 (f) The Board shall administer and collect the wagering
20 taxes imposed by this Section to the extent practicable, in a
21 manner consistent with the provisions of Sections 4, 5, 5a,
22 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10
23 of the Retailers' Occupation Tax Act and Section 3-7 of the
24 Uniform Penalty and Interest Act.
25 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
26 (230 ILCS 10/18) (from Ch. 120, par. 2418)
27 Sec. 18. Prohibited Activities - Penalty.
28 (a) A person is guilty of a Class A misdemeanor for
29 doing any of the following:
30 (1) Operating a gambling excursion where wagering
31 is used or to be used without a license issued by the
32 Board.
33 (2) Operating a gambling excursion where wagering
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1 is permitted other than in the manner specified by
2 Section 11.
3 (b) A person is guilty of a Class B misdemeanor for
4 doing any of the following:
5 (1) permitting a person under 21 years to make a
6 wager; or
7 (2) violating paragraph (12) of subsection (a) of
8 Section 11 of this Act.
9 (c) A person wagering or accepting a wager at any
10 location outside the riverboat is subject to the penalties in
11 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
12 the Criminal Code of 1961.
13 (d) A person commits a Class 4 felony and, in addition,
14 shall be barred for life from riverboats under the
15 jurisdiction of the Board, if the person does any of the
16 following:
17 (1) Offers, promises, or gives anything of value or
18 benefit to a person who is connected with a riverboat
19 owner including, but not limited to, an officer or
20 employee of a licensed owner or holder of an occupational
21 license pursuant to an agreement or arrangement or with
22 the intent that the promise or thing of value or benefit
23 will influence the actions of the person to whom the
24 offer, promise, or gift was made in order to affect or
25 attempt to affect the outcome of a gambling game, or to
26 influence official action of a member of the Board.
27 (2) Solicits or knowingly accepts or receives a
28 promise of anything of value or benefit while the person
29 is connected with a riverboat including, but not limited
30 to, an officer or employee of a licensed owner, or holder
31 of an occupational license, pursuant to an understanding
32 or arrangement or with the intent that the promise or
33 thing of value or benefit will influence the actions of
34 the person to affect or attempt to affect the outcome of
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1 a gambling game, or to influence official action of a
2 member of the Board.
3 (3) Uses or possesses with the intent to use a
4 device to assist:
5 (i) In projecting the outcome of the game.
6 (ii) In keeping track of the cards played.
7 (iii) In analyzing the probability of the
8 occurrence of an event relating to the gambling
9 game.
10 (iv) In analyzing the strategy for playing or
11 betting to be used in the game except as permitted
12 by the Board.
13 (4) Cheats at a gambling game.
14 (5) Manufactures, sells, or distributes any cards,
15 chips, dice, game or device which is intended to be used
16 to violate any provision of this Act.
17 (6) Alters or misrepresents the outcome of a
18 gambling game on which wagers have been made after the
19 outcome is made sure but before it is revealed to the
20 players.
21 (7) Places a bet after acquiring knowledge, not
22 available to all players, of the outcome of the gambling
23 game which is subject of the bet or to aid a person in
24 acquiring the knowledge for the purpose of placing a bet
25 contingent on that outcome.
26 (8) Claims, collects, or takes, or attempts to
27 claim, collect, or take, money or anything of value in or
28 from the gambling games, with intent to defraud, without
29 having made a wager contingent on winning a gambling
30 game, or claims, collects, or takes an amount of money or
31 thing of value of greater value than the amount won.
32 (9) Uses counterfeit chips or tokens in a gambling
33 game.
34 (10) Possesses any key or device designed for the
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1 purpose of opening, entering, or affecting the operation
2 of a gambling game, drop box, or an electronic or
3 mechanical device connected with the gambling game or for
4 removing coins, tokens, chips or other contents of a
5 gambling game. This paragraph (10) does not apply to a
6 gambling licensee or employee of a gambling licensee
7 acting in furtherance of the employee's employment.
8 (11) Agrees to share, receive or transfer a direct
9 or indirect financial or ownership interest in an owners
10 license in violation of the disclosure and approval
11 requirements of this Act and the rules of the Board.
12 (e) The possession of more than one of the devices
13 described in subsection (d), paragraphs (3), (5) or (10)
14 permits a rebuttable presumption that the possessor intended
15 to use the devices for cheating.
16 (f) A person under the age of 21 years who, except as
17 authorized under subdivision (a)(10) of Section 11, enters
18 upon a riverboat commits a petty offense. The fine for the
19 first offense shall be not less than $100 nor more than $250.
20 The fine for a second or subsequent offense shall be not less
21 than $200 nor more than $500.
22 (g) An action to prosecute any crime occurring during a
23 gambling excursion shall be tried in Sangamon County the
24 county of the dock at which the riverboat is based.
25 (Source: P.A. 86-1029; 87-826.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.