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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 -2- LRB9002182LDdv 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. -3- LRB9002182LDdv 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 -4- LRB9002182LDdv 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 -5- LRB9002182LDdv 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. -6- LRB9002182LDdv 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 -7- LRB9002182LDdv 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 -8- LRB9002182LDdv 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 -9- LRB9002182LDdv 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 -10- LRB9002182LDdv 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 -11- LRB9002182LDdv 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 -12- LRB9002182LDdv 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 -13- LRB9002182LDdv 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, -14- LRB9002182LDdv 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 -15- LRB9002182LDdv 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, -16- LRB9002182LDdv 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 -17- LRB9002182LDdv 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 -18- LRB9002182LDdv 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. -19- LRB9002182LDdv 1 (d) An application shall be filed and considered 2 pursuant to the rules of withthe Board by January 1 of the3 year preceding any calendar year for which an applicant seeks4 an owners license; however, applications for an owners5 license permitting operations on January 1, 1991 shall be6 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 -20- LRB9002182LDdv 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 -21- LRB9002182LDdv 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; -22- LRB9002182LDdv 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 his10 application, on forms provided by the Board, 2 sets of all 11 hisfingerprints 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 shall20 issue 5 licenses to become effective not earlier than January21 1, 1991. Four of such licenses shall authorize riverboat22 gambling on the Mississippi River, one of which shall23 authorize riverboat gambling from a home dock in the city of24 East St. Louis. The other license shall authorize riverboat25 gambling on the Illinois River south of Marshall County. The26 Board shall issue 1 additional license to become effective27 not earlier than March 1, 1992, which shall authorize28 riverboat gambling on the Des Plaines River in Will County.29 The Board may issue 4 additional licenses to become effective30 not earlier than March 1, 1992.In determining the navigable 31 streams upon which riverboats will operate with licenses32 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 -23- LRB9002182LDdv 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 10owners licenses issued under this Act 18 shall permit the holder to own up to 2 riverboats and 19 equipment thereon for an initial aperiod of 3 years after 20 the effective date of the license. Holders of the first 1021 ownerslicenses 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 revocationof 25 owners each of the first 10licenses, 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 annuallyupon 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 -24- LRB9002182LDdv 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 and10 the Illinois River south of Marshall County shall have an11 authorized capacity of at least 500 persons.Any other12 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 to24 become effective not earlier than January 1, 1991 shall25 authorize a riverboat to dock in a municipality with a26 population of under 2,000; however, this restriction does not27 apply to any additional licenses issued by the Board to28 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 -25- LRB9002182LDdv 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 -26- LRB9002182LDdv 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 -27- LRB9002182LDdv 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 -28- LRB9002182LDdv 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 -29- LRB9002182LDdv 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 -30- LRB9002182LDdv 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: -31- LRB9002182LDdv 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. -32- LRB9002182LDdv 1 (10) A person under age 21 shall not be permitted 2 on an area ofa riverboat where gambling is being3 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 -33- LRB9002182LDdv 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. -34- LRB9002182LDdv 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 Policefor 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 -35- LRB9002182LDdv 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 -36- LRB9002182LDdv 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 -37- LRB9002182LDdv 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 the24 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.
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