State of Illinois
92nd General Assembly
Legislation

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92_SB1677

 
                                               LRB9215042LDcs

 1        AN ACT in relation to gambling.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Riverboat  Gambling  Act is amended by
 5    changing Section 7 as follows:

 6        (230 ILCS 10/7) (from Ch. 120, par. 2407)
 7        Sec. 7.  Owners Licenses.
 8        (a)  The Board shall issue owners  licenses  to  persons,
 9    firms  or  corporations  which  apply  for such licenses upon
10    payment to the Board of the non-refundable license fee set by
11    the Board, upon payment of a  $25,000  license  fee  for  the
12    first  year  of  operation  and a $5,000 license fee for each
13    succeeding year and upon a determination by  the  Board  that
14    the  applicant is eligible for an owners  license pursuant to
15    this Act and the rules of  the  Board.   A  person,  firm  or
16    corporation is ineligible to receive an owners license if:
17             (1)  the person has been convicted of a felony under
18        the  laws  of  this State, any other state, or the United
19        States;
20             (2)  the person has been convicted of any  violation
21        of   Article   28  of  the  Criminal  Code  of  1961,  or
22        substantially similar laws of any other jurisdiction;
23             (3)  the person has submitted an application  for  a
24        license under this Act which contains false information;
25             (4)  the person is a member of the Board;
26             (5)  a  person defined in (1), (2), (3) or (4) is an
27        officer, director or managerial employee of the  firm  or
28        corporation;
29             (6)  the   firm  or  corporation  employs  a  person
30        defined in (1), (2), (3) or (4) who participates  in  the
31        management or operation of gambling operations authorized
 
                            -2-                LRB9215042LDcs
 1        under this Act;
 2             (7)  (blank); or
 3             (8)  a  license  of  the person, firm or corporation
 4        issued under this Act, or a license  to  own  or  operate
 5        gambling  facilities  in any other jurisdiction, has been
 6        revoked.
 7        (b)  In determining whether to grant an owners license to
 8    an applicant, the Board shall consider:
 9             (1)  the  character,  reputation,  experience    and
10        financial integrity of the applicants and of any other or
11        separate person that either:
12                  (A)  controls,  directly  or  indirectly,  such
13             applicant, or
14                  (B)  is  controlled, directly or indirectly, by
15             such  applicant  or  by  a  person  which  controls,
16             directly or indirectly, such applicant;
17             (2)  the facilities or proposed facilities  for  the
18        conduct of riverboat gambling;
19             (3)  the  highest  prospective  total  revenue to be
20        derived by  the  State  from  the  conduct  of  riverboat
21        gambling;
22             (4)  the  good faith affirmative action plan of each
23        applicant to recruit, train and upgrade minorities in all
24        employment classifications;
25             (5)  the  financial  ability  of  the  applicant  to
26        purchase and maintain  adequate  liability  and  casualty
27        insurance;
28             (6)  whether     the    applicant    has    adequate
29        capitalization to provide and maintain, for the  duration
30        of a license, a riverboat; and
31             (7)  the  extent  to  which the applicant exceeds or
32        meets other standards  for  the  issuance  of  an  owners
33        license which the Board may adopt by rule.
34        (c)  Each  owners  license  shall specify the place where
 
                            -3-                LRB9215042LDcs
 1    riverboats shall operate and dock.
 2        (d)  Each applicant shall submit with his application, on
 3    forms provided by the Board, 2 sets of his fingerprints.
 4        (e)  The Board may issue up to  10  licenses  authorizing
 5    the  holders  of  such  licenses  to  own riverboats.  In the
 6    application for an owners license, the applicant shall  state
 7    the  dock  at  which  the riverboat is based and the water on
 8    which the riverboat will be located. The Board shall issue  5
 9    licenses  to  become  effective  not  earlier than January 1,
10    1991.  Three  of  such  licenses  shall  authorize  riverboat
11    gambling  on the Mississippi River, or in a municipality that
12    borders the Mississippi River, or in  an  area  of  a  county
13    outside  of  any  municipality  if  that  county  borders the
14    Mississippi River, one of  which  shall  authorize  riverboat
15    gambling  from a home dock in the city of East St. Louis. One
16    other license  shall  authorize  riverboat  gambling  on  the
17    Illinois  River  south  of  Marshall  County. The Board shall
18    issue 1 additional license to become  effective  not  earlier
19    than  March 1, 1992, which shall authorize riverboat gambling
20    on the Des Plaines River in Will County. The Board may  issue
21    4  additional  licenses  to become effective not earlier than
22    March  1,  1992.   In  determining  the  water   upon   which
23    riverboats   will  operate,  the  Board  shall  consider  the
24    economic benefit which  riverboat  gambling  confers  on  the
25    State, and shall seek to assure that all regions of the State
26    share in the economic benefits of riverboat gambling.
27        In  granting  all  licenses, the Board may give favorable
28    consideration to economically depressed areas of  the  State,
29    to  applicants presenting plans which provide for significant
30    economic development over a large  geographic  area,  and  to
31    applicants  who  currently operate non-gambling riverboats in
32    Illinois.  The Board shall review all applications for owners
33    licenses, and shall inform  each  applicant  of  the  Board's
34    decision.
 
                            -4-                LRB9215042LDcs
 1        The  Board  may  revoke  the owners license of a licensee
 2    which fails to begin conducting gambling within 15 months  of
 3    receipt  of  the  Board's  approval of the application if the
 4    Board determines that  license  revocation  is  in  the  best
 5    interests of the State.
 6        (f)  The  first  10 owners licenses issued under this Act
 7    shall permit the  holder  to  own  up  to  2  riverboats  and
 8    equipment thereon for a period of 3 years after the effective
 9    date  of the license. Holders of the first 10 owners licenses
10    must pay the annual license fee  for  each  of  the  3  years
11    during which they are authorized to own riverboats.
12        (g)  Upon  the  termination, expiration, or revocation of
13    each of the first 10 licenses, which shall be issued for a  3
14    year period, all licenses are renewable annually upon payment
15    of the fee and a determination by the Board that the licensee
16    continues to meet all of the requirements of this Act and the
17    Board's rules.  However, for licenses renewed on or after May
18    1, 1998, renewal shall be for a period of 4 years, unless the
19    Board sets a shorter period.
20        (h)  An  owners license shall entitle the licensee to own
21    up to 2 riverboats.  A licensee shall  limit  the  number  of
22    gambling participants to 1,200 for any such owners license. A
23    licensee  may  operate  both  of its riverboats concurrently,
24    provided that the total number of  gambling  participants  on
25    both riverboats does not exceed 1,200. Riverboats licensed to
26    operate on the Mississippi River and the Illinois River south
27    of  Marshall  County  shall have an authorized capacity of at
28    least 500 persons.  Any other riverboat licensed  under  this
29    Act  shall  have  an  authorized  capacity  of  at  least 400
30    persons.
31        (i)  A licensed owner is authorized to apply to the Board
32    for and, if approved therefor, to receive all  licenses  from
33    the  Board  necessary  for  the  operation  of  a  riverboat,
34    including  a  liquor  license, a license to prepare and serve
 
                            -5-                LRB9215042LDcs
 1    food for human consumption,  and  other  necessary  licenses.
 2    All  use, occupation and excise taxes which apply to the sale
 3    of food and beverages in this State and all taxes imposed  on
 4    the  sale  or use of tangible personal property apply to such
 5    sales aboard the riverboat.
 6        (j)    The  Board  may  issue  a  license  authorizing  a
 7    riverboat to dock in a municipality or approve  a  relocation
 8    under  Section  11.2  only  if,  prior to the issuance of the
 9    license or approval, the governing body of  the  municipality
10    in  which  the  riverboat  will  dock  has by a majority vote
11    approved the docking of riverboats in the municipality.   The
12    Board  may issue a license authorizing a riverboat to dock in
13    areas of a county  outside  any  municipality  or  approve  a
14    relocation  under Section 11.2 only if, prior to the issuance
15    of the license or approval, the governing body of the  county
16    has  by a majority vote approved of the docking of riverboats
17    within such areas.
18    (Source: P.A. 91-40, eff. 6-25-99.)

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