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90_HB2247ham001
LRB9004595LDdvam01
1 AMENDMENT TO HOUSE BILL 2247
2 AMENDMENT NO. . Amend House Bill 2247 on page 1,
3 line 2, after "6," by inserting "7,"; and
4 on page 1, line 2, after "3.5" by inserting ", 7.1,"; and
5 on page 1, line 6, after "6," by inserting "7,"; and
6 on page 1, line 6, after "3.5" by inserting ", 7.1,"; and
7 on page 1, by replacing lines 8 through 16 with the
8 following:
9 "(230 ILCS 10/3.5 new)
10 Sec. 3.5. Gambling advisory referendum. For any license
11 issued under this Act after the effective date of this
12 amendatory Act of 1997, before a licensee may conduct
13 gambling under this Act, the municipality where the riverboat
14 plans to dock, or the county where the riverboat plans to
15 dock if it does not plan to dock within a municipality, shall
16 submit an advisory question to the voters of the municipality
17 or county, as the case may be, of whether riverboat gambling
18 should be permitted in the municipality or county."; and
19 on page 14, after line 8, by inserting the following:
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1 "(230 ILCS 10/7) (from Ch. 120, par. 2407)
2 Sec. 7. Owners Licenses.
3 (a) The Board shall issue owners licenses to persons,
4 firms or corporations which apply for such licenses upon
5 payment to the Board of the non-refundable license fee set by
6 the Board, upon payment of a $25,000 license fee for the
7 first year of operation and a $5,000 license fee for each
8 succeeding year and upon a determination by the Board that
9 the applicant is eligible for an owners license pursuant to
10 this Act and the rules of the Board. A person, firm or
11 corporation is ineligible to receive an owners license if:
12 (1) the person has been convicted of a felony under
13 the laws of this State, any other state, or the United
14 States;
15 (2) the person has been convicted of any violation
16 of Article 28 of the Criminal Code of 1961, or
17 substantially similar laws of any other jurisdiction;
18 (3) the person has submitted an application for a
19 license under this Act which contains false information;
20 (4) the person is a member of the Board;
21 (5) a person defined in (1), (2), (3) or (4) is an
22 officer, director or managerial employee of the firm or
23 corporation;
24 (6) the firm or corporation employs a person
25 defined in (1), (2), (3) or (4) who participates in the
26 management or operation of gambling operations authorized
27 under this Act;
28 (7) the person, firm or corporation owns more than
29 a 10% ownership interest in any entity holding an owners
30 license issued under this Act; or
31 (8) a license of the person, firm or corporation
32 issued under this Act, or a license to own or operate
33 gambling facilities in any other jurisdiction, has been
34 revoked.
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1 (b) In determining whether to grant an owners license to
2 an applicant, the Board shall consider:
3 (1) the character, reputation, experience and
4 financial integrity of the applicants and of any other or
5 separate person that either:
6 (A) controls, directly or indirectly, such
7 applicant, or
8 (B) is controlled, directly or indirectly, by
9 such applicant or by a person which controls,
10 directly or indirectly, such applicant;
11 (2) the facilities or proposed facilities for the
12 conduct of riverboat gambling;
13 (3) the highest prospective total revenue to be
14 derived by the State from the conduct of riverboat
15 gambling;
16 (4) the good faith affirmative action plan of each
17 applicant to recruit, train and upgrade minorities in all
18 employment classifications;
19 (5) the financial ability of the applicant to
20 purchase and maintain adequate liability and casualty
21 insurance;
22 (6) whether the applicant has adequate
23 capitalization to provide and maintain, for the duration
24 of a license, a riverboat; and
25 (7) the extent to which the applicant exceeds or
26 meets other standards for the issuance of an owners
27 license which the Board may adopt by rule.
28 (c) Each owners license shall specify the place where
29 riverboats shall operate and dock.
30 (d) Each applicant shall submit with his application, on
31 forms provided by the Board, 2 sets of his fingerprints.
32 (e) The Board may issue up to 10 licenses authorizing
33 the holders of such licenses to own riverboats. In the
34 application for an owners license, the applicant shall state
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1 the dock at which the riverboat is based and the navigable
2 stream on which the riverboat will operate. The Board shall
3 issue 5 licenses to become effective not earlier than January
4 1, 1991. Four of such licenses shall authorize riverboat
5 gambling on the Mississippi River, one of which shall
6 authorize riverboat gambling from a home dock in the city of
7 East St. Louis. The other license shall authorize riverboat
8 gambling on the Illinois River south of Marshall County. The
9 Board shall issue 1 additional license to become effective
10 not earlier than March 1, 1992, which shall authorize
11 riverboat gambling on the Des Plaines River in Will County.
12 The Board may issue 4 additional licenses to become effective
13 not earlier than March 1, 1992. In determining the navigable
14 streams upon which riverboats will operate with licenses
15 effective on or after March 1, 1992, the Board shall consider
16 the economic benefit which riverboat gambling confers on the
17 State, and shall seek to assure that all regions of the State
18 share in the economic benefits of riverboat gambling.
19 In granting all licenses, the Board may give favorable
20 consideration to economically depressed areas of the State,
21 to applicants presenting plans which provide for significant
22 economic development over a large geographic area, and to
23 applicants who currently operate non-gambling riverboats in
24 Illinois, and to applicants who bid to pay the greatest
25 wagering tax rate. The Board shall review all applications
26 for owners licenses, and shall inform each applicant of the
27 Board's decision.
28 The Board may revoke the owners license of a licensee
29 which fails to begin regular riverboat cruises within 12
30 months of receipt of the Board's approval of the application
31 if the Board determines that license revocation is in the
32 best interests of the State.
33 (f) The first 10 owners licenses issued under this Act
34 shall permit the holder to own up to 2 riverboats and
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1 equipment thereon for a period of 3 years after the effective
2 date of the license. Holders of the first 10 owners licenses
3 must pay the annual license fee for each of the 3 years
4 during which they are authorized to own riverboats.
5 (g) Upon the termination, expiration, or revocation of
6 each of the first 10 licenses, which shall be issued for a 3
7 year period, all licenses are renewable as provided in
8 Section 7.1 annually upon payment of the fee and a
9 determination by the Board that the licensee continues to
10 meet all of the requirements of this Act and the Board's
11 rules.
12 (h) An owners license shall entitle the licensee to own
13 up to 2 riverboats. A licensee shall limit the number of
14 gambling participants to 1,200 for any such owners license.
15 Riverboats licensed to operate on the Mississippi River and
16 the Illinois River south of Marshall County shall have an
17 authorized capacity of at least 500 persons. Any other
18 riverboat licensed under this Act shall have an authorized
19 capacity of at least 400 persons.
20 (i) A licensed owner is authorized to apply to the Board
21 for and, if approved therefor, to receive all licenses from
22 the Board necessary for the operation of a riverboat,
23 including a liquor license, a license to prepare and serve
24 food for human consumption, and other necessary licenses.
25 All use, occupation and excise taxes which apply to the sale
26 of food and beverages in this State and all taxes imposed on
27 the sale or use of tangible personal property apply to such
28 sales aboard the riverboat.
29 (j) None of the first 5 licenses issued by the Board to
30 become effective not earlier than January 1, 1991 shall
31 authorize a riverboat to dock in a municipality with a
32 population of under 2,000; however, this restriction does not
33 apply to any additional licenses issued by the Board to
34 become effective not earlier than March 1, 1992. The Board
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1 may issue a license authorizing a riverboat to dock in a
2 municipality only if, prior to the issuance of the license,
3 the governing body of the municipality has by a majority vote
4 approved the docking of riverboats in the municipality. The
5 Board may issue a license authorizing a riverboat to dock in
6 areas of a county outside any municipality only if, prior to
7 the issuance of the license, the governing body of the county
8 has by a majority vote approved of the docking of riverboats
9 within such areas.
10 (k) Nothing in this Act shall be interpreted to prohibit
11 a licensed owner from operating a school for the training of
12 any occupational licensee.
13 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
14 (230 ILCS 10/7.1 new)
15 Sec. 7.1. License renewal. Upon the termination,
16 expiration, or revocation of an owners license, the license
17 shall be subject to competitive bidding. If the licensee
18 wishes to renew its license, it shall bid a percentage of
19 adjusted gross receipts that it will pay to the State as a
20 wagering tax during the period of the renewal, which shall
21 not, in any event, be less than 20%. A qualified applicant
22 for a new license may bid for any license that is up for
23 renewal in the same manner as it would apply for a newly
24 authorized license. When deciding the licensee or applicant
25 to which it will award a license subject to renewal under
26 this Act, the Board shall consider what percentage any owner
27 or applicant bids to pay as a wagering tax and the factors
28 under Section 7. A license renewed under this Section shall
29 be subject to payment of the fee required by the Board and a
30 determination by the Board that the licensee continues to
31 meet all of the requirements of this Act and the Board's
32 rules."; and
33 on page 14, by replacing lines 11 through 19 with the
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1 following:
2 "(a) A tax is imposed on the adjusted gross receipts
3 received from gambling games authorized under this Act at the
4 rate of 20% or at the rate set in the applicant's bid for its
5 license or in the licensee's bid for renewal, if any,
6 whichever is greater. The taxes imposed by this Section
7 shall be paid by the".