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90_SB0154
230 ILCS 10/Act title
230 ILCS 10/4 from Ch. 120, par. 2404
230 ILCS 10/6 from Ch. 120, par. 2406
230 ILCS 10/7 from Ch. 120, par. 2407
230 ILCS 10/11 from Ch. 120, par. 2411
230 ILCS 10/11.2 new
230 ILCS 10/13 from Ch. 120, par. 2413
Amends the Riverboat Gambling Act. Permits riverboat
gambling on permanently moored barges. Allows a licensee that
receives Board permission to operate a secondary home dock
location and move up to two-thirds of its gaming positions to
that location if the licensee meets certain requirements.
Deletes provision that allows gambling excursion cruises only
when the navigable stream for which the riverboat is licensed
is navigable. Changes the license renewal period to 4 years.
Effective immediately.
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LRB9001159LDpk
1 AN ACT to amend the Riverboat Gambling Act by changing
2 the title of the Act and Sections 4, 6, 7, 11, 12, and 13,
3 adding Section 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 the title of the Act and Sections 4, 6, 7, 11, 12,
8 and 13 and adding Section 11.2 as follows:
9 (230 ILCS 10/Act title)
10 An Act to authorize certain forms of gambling on
11 excursion gambling boats.
12 (Source: P.A. 86-1029.)
13 (230 ILCS 10/4) (from Ch. 120, par. 2404)
14 Sec. 4. Definitions. As used in this Act:
15 (a) "Board" means the Illinois Gaming Board.
16 (b) "Occupational license" means a license issued by the
17 Board to a person or entity to perform an occupation which
18 the Board has identified as requiring a license to engage in
19 riverboat gambling in Illinois.
20 (c) "Gambling game" includes, but is not limited to,
21 baccarat, twenty-one, poker, craps, slot machine, video game
22 of chance, roulette wheel, klondike table, punchboard, faro
23 layout, keno layout, numbers ticket, push card, jar ticket,
24 or pull tab which is authorized by the Board as a wagering
25 device under this Act.
26 (d) "Riverboat" means a self-propelled excursion boat or
27 a permanently moored barge on which lawful gambling is
28 authorized and licensed as provided in this Act.
29 (e) (Blank). "Gambling excursion" means the time during
30 which gambling games may be operated on a riverboat.
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1 (f) "Dock" means the location where a gaming facility an
2 excursion riverboat moors for the purpose of embarking
3 passengers for and disembarking passengers from a gambling
4 facility excursion.
5 (g) "Gross receipts" means the total amount of money
6 exchanged for the purchase of chips, tokens or electronic
7 cards by riverboat patrons.
8 (h) "Adjusted gross receipts" means the gross receipts
9 less winnings paid to wagerers.
10 (i) "Cheat" means to alter the selection of criteria
11 which determine the result of a gambling game or the amount
12 or frequency of payment in a gambling game.
13 (j) "Department" means the Department of Revenue.
14 (k) "Gambling operation" means the conduct of authorized
15 gambling games upon a riverboat.
16 (Source: P.A. 86-1029; 86-1389; 87-826.)
17 (230 ILCS 10/6) (from Ch. 120, par. 2406)
18 Sec. 6. Application for Owners License.
19 (a) A qualified person may apply to the Board for an
20 owners license to conduct a riverboat gambling operation as
21 provided in this Act. The application shall be made on forms
22 provided by the Board and shall contain such information as
23 the Board prescribes, including but not limited to the
24 identity of the riverboat on which such gambling operation is
25 to be conducted and the exact location where such riverboat
26 will be docked, a certification that the riverboat will be
27 registered under this Act at all times during which gambling
28 operations are conducted on board, detailed information
29 regarding the ownership and management of the applicant, and
30 detailed personal information regarding the applicant.
31 Information provided on the application shall be used as a
32 basis for a thorough background investigation which the Board
33 shall conduct with respect to each applicant. An incomplete
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1 application shall be cause for denial of a license by the
2 Board.
3 (b) Applicants shall submit with their application all
4 documents, resolutions, and letters of support from the
5 governing body that represents the municipality or county
6 wherein the licensee will dock.
7 (c) Each applicant shall disclose the identity of every
8 person, association, trust or corporation having a greater
9 than 1% direct or indirect pecuniary interest in the
10 riverboat gambling operation with respect to which the
11 license is sought. If the disclosed entity is a trust, the
12 application shall disclose the names and addresses of the
13 beneficiaries; if a corporation, the names and addresses of
14 all stockholders and directors; if a partnership, the names
15 and addresses of all partners, both general and limited.
16 (d) An application shall be filed with the Board by
17 January 1 of the year preceding any calendar year for which
18 an applicant seeks an owners license; however, applications
19 for an owners license permitting operations on January 1,
20 1991 shall be filed by July 1, 1990. An application fee of
21 $50,000 shall be paid at the time of filing to defray the
22 costs associated with the background investigation conducted
23 by the Board. If the costs of the investigation exceed
24 $50,000, the applicant shall pay the additional amount to the
25 Board. If the costs of the investigation are less than
26 $50,000, the applicant shall receive a refund of the
27 remaining amount. All information, records, interviews,
28 reports, statements, memoranda or other data supplied to or
29 used by the Board in the course of its review or
30 investigation of an application for a license under this Act
31 shall be privileged, strictly confidential and shall be used
32 only for the purpose of evaluating an applicant. Such
33 information, records, interviews, reports, statements,
34 memoranda or other data shall not be admissible as evidence,
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1 nor discoverable in any action of any kind in any court or
2 before any tribunal, board, agency or person, except for any
3 action deemed necessary by the Board.
4 (e) The Board shall charge each applicant a fee set by
5 the Department of State Police to defray the costs associated
6 with the search and classification of fingerprints obtained
7 by the Board with respect to the applicant's application.
8 These fees shall be paid into the State Police Services Fund.
9 (f) The licensed owner shall be the person primarily
10 responsible for the boat itself. Only one riverboat gambling
11 operation may be authorized by the Board on any riverboat.
12 The applicant must identify each riverboat it intends to use
13 and certify that the riverboat: (1) has the authorized
14 capacity required in this Act; (2) is accessible to disabled
15 persons; (3) is either a replica of a 19th century Illinois
16 riverboat or of a casino cruise ship design, but it need not
17 be self-propelled and may be a permanently moored barge; and
18 (4) is fully registered and licensed in accordance with any
19 applicable laws.
20 (g) A person who knowingly makes a false statement on an
21 application is guilty of a Class A misdemeanor.
22 (Source: P.A. 86-1029; 86-1389.)
23 (230 ILCS 10/7) (from Ch. 120, par. 2407)
24 Sec. 7. Owners Licenses.
25 (a) The Board shall issue owners licenses to persons,
26 firms or corporations which apply for such licenses upon
27 payment to the Board of the non-refundable license fee set by
28 the Board, upon payment of a $25,000 license fee for the
29 first year of operation and a $5,000 license fee for each
30 succeeding year and upon a determination by the Board that
31 the applicant is eligible for an owners license pursuant to
32 this Act and the rules of the Board. A person, firm or
33 corporation is ineligible to receive an owners license if:
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1 (1) the person has been convicted of a felony under
2 the laws of this State, any other state, or the United
3 States;
4 (2) the person has been convicted of any violation
5 of Article 28 of the Criminal Code of 1961, or
6 substantially similar laws of any other jurisdiction;
7 (3) the person has submitted an application for a
8 license under this Act which contains false information;
9 (4) the person is a member of the Board;
10 (5) a person defined in (1), (2), (3) or (4) is an
11 officer, director or managerial employee of the firm or
12 corporation;
13 (6) the firm or corporation employs a person
14 defined in (1), (2), (3) or (4) who participates in the
15 management or operation of gambling operations authorized
16 under this Act;
17 (7) the person, firm or corporation owns more than
18 a 10% ownership interest in any entity holding an owners
19 license issued under this Act; or
20 (8) a license of the person, firm or corporation
21 issued under this Act, or a license to own or operate
22 gambling facilities in any other jurisdiction, has been
23 revoked.
24 (b) In determining whether to grant an owners license to
25 an applicant, the Board shall consider:
26 (1) the character, reputation, experience and
27 financial integrity of the applicants and of any other or
28 separate person that either:
29 (A) controls, directly or indirectly, such
30 applicant, or
31 (B) is controlled, directly or indirectly, by
32 such applicant or by a person which controls,
33 directly or indirectly, such applicant;
34 (2) the facilities or proposed facilities for the
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1 conduct of riverboat gambling;
2 (3) the highest prospective total revenue to be
3 derived by the State from the conduct of riverboat
4 gambling;
5 (4) the good faith affirmative action plan of each
6 applicant to recruit, train and upgrade minorities in all
7 employment classifications;
8 (5) the financial ability of the applicant to
9 purchase and maintain adequate liability and casualty
10 insurance;
11 (6) whether the applicant has adequate
12 capitalization to provide and maintain, for the duration
13 of a license, a riverboat; and
14 (7) the extent to which the applicant exceeds or
15 meets other standards for the issuance of an owners
16 license which the Board may adopt by rule.
17 (c) Each owners license shall specify the place where
18 riverboats shall operate and dock.
19 (d) Each applicant shall submit with his application, on
20 forms provided by the Board, 2 sets of his fingerprints.
21 (e) The Board may issue up to 10 licenses authorizing
22 the holders of such licenses to own riverboats. In the
23 application for an owners license, the applicant shall state
24 the dock at which the riverboat is based and the navigable
25 stream on which the riverboat will operate. The Board shall
26 issue 5 licenses to become effective not earlier than January
27 1, 1991. Four of such licenses shall authorize riverboat
28 gambling on the Mississippi River, one of which shall
29 authorize riverboat gambling from a home dock in the city of
30 East St. Louis. The other license shall authorize riverboat
31 gambling on the Illinois River south of Marshall County. The
32 Board shall issue 1 additional license to become effective
33 not earlier than March 1, 1992, which shall authorize
34 riverboat gambling on the Des Plaines River in Will County.
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1 The Board may issue 4 additional licenses to become effective
2 not earlier than March 1, 1992. In determining the navigable
3 streams upon which riverboats will operate with licenses
4 effective on or after March 1, 1992, the Board shall consider
5 the economic benefit which riverboat gambling confers on the
6 State, and shall seek to assure that all regions of the State
7 share in the economic benefits of riverboat gambling.
8 In granting all licenses, the Board may give favorable
9 consideration to economically depressed areas of the State,
10 to applicants presenting plans which provide for significant
11 economic development over a large geographic area, and to
12 applicants who currently operate non-gambling riverboats in
13 Illinois. The Board shall review all applications for owners
14 licenses, and shall inform each applicant of the Board's
15 decision.
16 The Board may revoke the owners license of a licensee
17 which fails to begin regular riverboat cruises within 12
18 months of receipt of the Board's approval of the application
19 if the Board determines that license revocation is in the
20 best interests of the State.
21 (f) The first 10 owners licenses issued under this Act
22 shall permit the holder to own up to 2 riverboats and
23 equipment thereon for a period of 3 years after the effective
24 date of the license. Holders of the first 10 owners licenses
25 must pay the annual license fee for each of the 3 years
26 during which they are authorized to own riverboats.
27 (g) Upon the termination, expiration or revocation of
28 each of the first 10 licenses, which shall be issued for a 3
29 year period, all licenses are renewable annually upon payment
30 of the fee and a determination by the Board that the licensee
31 continues to meet all of the requirements of this Act and the
32 Board's rules. However, for licenses renewed on or after July
33 1, 1997, renewal shall be for a period of 4 years, unless the
34 Board sets a shorter period.
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1 (h) An owners license shall entitle the licensee to own
2 up to 2 riverboats. A licensee shall limit the number of
3 gambling participants to 1,200 for any such owners license.
4 Riverboats licensed to operate on the Mississippi River and
5 the Illinois River south of Marshall County shall have an
6 authorized capacity of at least 500 persons. Any other
7 riverboat licensed under this Act shall have an authorized
8 capacity of at least 400 persons.
9 (i) A licensed owner is authorized to apply to the Board
10 for and, if approved therefor, to receive all licenses from
11 the Board necessary for the operation of a riverboat,
12 including a liquor license, a license to prepare and serve
13 food for human consumption, and other necessary licenses.
14 All use, occupation and excise taxes which apply to the sale
15 of food and beverages in this State and all taxes imposed on
16 the sale or use of tangible personal property apply to such
17 sales aboard the riverboat.
18 (j) None of the first 5 licenses issued by the Board to
19 become effective not earlier than January 1, 1991 shall
20 authorize a riverboat to dock in a municipality with a
21 population of under 2,000; however, this restriction does not
22 apply to any additional licenses issued by the Board to
23 become effective not earlier than March 1, 1992. The Board
24 may issue a license authorizing a riverboat to dock in a
25 municipality or approve a secondary home dock location only
26 if, prior to the issuance of the license or approval, the
27 governing body of the municipality has by a majority vote
28 approved the docking of riverboats in the municipality. The
29 Board may issue a license authorizing a riverboat to dock in
30 areas of a county outside any municipality or approve a
31 secondary dock location only if, prior to the issuance of the
32 license or approval, the governing body of the county has by
33 a majority vote approved of the docking of riverboats within
34 such areas.
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1 (k) Nothing in this Act shall be interpreted to prohibit
2 a licensed owner from operating a school for the training of
3 any occupational licensee.
4 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
5 (230 ILCS 10/11) (from Ch. 120, par. 2411)
6 Sec. 11. Conduct of gambling.
7 (a) Gambling may be conducted by licensed owners aboard
8 riverboats, subject to the following standards:
9 (1) (Blank) No gambling may be conducted while a
10 riverboat is docked.
11 (2) (Blank) Riverboat cruises may not exceed 4
12 hours for a round trip, with the exception of any
13 extended cruises, each of which shall be expressly
14 approved by the Board.
15 (3) Minimum and maximum wagers on games shall be
16 set by the licensee.
17 (4) Agents of the Board and the Department of State
18 Police may board and inspect any riverboat at any time
19 for the purpose of determining whether this Act is being
20 complied with. Every riverboat, if under way and being
21 hailed by a law enforcement officer or agent of the
22 Board, must stop immediately and lay to.
23 (5) Employees of the Board shall have the right to
24 be present on the riverboat or on adjacent facilities
25 under the control of the licensee.
26 (6) Gambling equipment and supplies customarily
27 used in conducting riverboat gambling must be purchased
28 or leased only from suppliers licensed for such purpose
29 under this Act.
30 (7) Persons licensed under this Act shall permit no
31 form of wagering on gambling games except as permitted by
32 this Act.
33 (8) Wagers may be received only from a person
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1 present on a licensed riverboat. No person present on a
2 licensed riverboat shall place or attempt to place a
3 wager on behalf of another person who is not present on
4 the riverboat.
5 (9) Wagering shall not be conducted with money or
6 other negotiable currency.
7 (10) A person under age 21 shall not be permitted
8 on an area of a riverboat where gambling is being
9 conducted, except for a person at least 18 years of age
10 who is an employee of the riverboat gambling operation.
11 No employee under age 21 shall perform any function
12 involved in gambling by the patrons. No person under age
13 21 shall be permitted to make a wager under this Act.
14 (11) Gambling excursion cruises are permitted only
15 when the navigable stream for which the riverboat is
16 licensed is navigable, as determined by the Board in
17 consultation with the U.S. Army Corps of Engineers.
18 (12) All tokens, chips or electronic cards used to
19 make wagers must be purchased from a licensed owner
20 either aboard a riverboat or at an onshore facility which
21 has been approved by the Board and which is located where
22 the riverboat docks. The tokens, chips or electronic
23 cards may be purchased by means of an agreement under
24 which the owner extends credit to the patron. Such
25 tokens, chips or electronic cards may be used while
26 aboard the riverboat only for the purpose of making
27 wagers on gambling games.
28 (13) Notwithstanding any other Section of this Act,
29 in addition to the other licenses authorized under this
30 Act, the Board may issue special event licenses allowing
31 persons who are not otherwise licensed to conduct
32 riverboat gambling to conduct such gambling on a
33 specified date or series of dates. Riverboat gambling
34 under such a license may take place on a riverboat not
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1 normally used for riverboat gambling. The Board shall
2 establish standards, fees and fines for, and limitations
3 upon, such licenses, which may differ from the standards,
4 fees, fines and limitations otherwise applicable under
5 this Act. All such fees shall be deposited into the
6 State Gaming Fund. All such fines shall be deposited
7 into the Education Assistance Fund, created by Public Act
8 86-0018, of the State of Illinois.
9 (14) In addition to the above, gambling must be
10 conducted in accordance with all rules adopted by the
11 Board.
12 (Source: P.A. 86-1029; 86-1389; 87-826.)
13 (230 ILCS 10/11.2 new)
14 Sec. 11.2. Secondary home dock locations.
15 (a) A licensee that earns less than $40,000,000 in
16 adjusted gross receipts and uses less than 50% of its gaming
17 positions during a 12-month period may request permission
18 from the Board to move up to two-thirds of its gaming
19 positions to a secondary home dock location. If permission
20 is granted by the Board under this Section, the licensee may
21 then operate one riverboat at each location approved by the
22 Board.
23 (b) If a licensee operates from dual home dock locations
24 under subsection (a), 15% of the tax revenue distributed
25 under Section 13(b) from the secondary home dock location
26 shall be paid to the unit of local government that is the
27 original home dock location of the licensee in the same
28 manner as that tax is paid under Section 13(b).
29 (230 ILCS 10/13) (from Ch. 120, par. 2413)
30 Sec. 13. Wagering tax; rate; distribution.
31 (a) A tax is imposed on the adjusted gross receipts
32 received from gambling games authorized under this Act at the
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1 rate of 20%.
2 The taxes imposed by this Section shall be paid by the
3 licensed owner to the Board after the close of the day when
4 the wagers were made.
5 (b) Twenty-five percent (25%) Of the tax revenue
6 deposited in the State Gaming Fund under this Section shall
7 be paid, subject to appropriation by the General Assembly, to
8 the unit of local government which is designated as the home
9 dock of the riverboat. If the licensee maintains a secondary
10 home dock location under Section 11.2, the amount paid under
11 this subsection (b) shall be divided as provided in Section
12 11.2.
13 (c) Appropriations, as approved by the General Assembly,
14 may be made from the State Gaming Fund to the Department of
15 Revenue and the Department of State Police for the
16 administration and enforcement of this Act.
17 (d) From time to time, the Board shall transfer the
18 remainder of the funds generated by this Act into the
19 Education Assistance Fund, created by Public Act 86-0018, of
20 the State of Illinois.
21 (e) Nothing in this Act shall prohibit the unit of local
22 government designated as the home dock of the riverboat from
23 entering into agreements with other units of local government
24 in this State or in other states to share its portion of the
25 tax revenue.
26 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.