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92_SB2040 LRB9215889LBpr 1 AN ACT concerning 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- LRB9215889LBpr 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- LRB9215889LBpr 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, one of which shall 12 authorize riverboat gambling from a home dock in the city of 13 East St. Louis. One other license shall authorize riverboat 14 gambling on the Illinois River south of Marshall County. The 15 Board shall issue 1 additional license to become effective 16 not earlier than March 1, 1992, which shall authorize 17 riverboat gambling on the Des Plaines River in Will County. 18 The Board may issue 4 additional licenses to become effective 19 not earlier than March 1, 1992. In determining the water 20 upon which riverboats will operate, the Board shall consider 21 the economic benefit which riverboat gambling confers on the 22 State, and shall seek to assure that all regions of the State 23 share in the economic benefits of riverboat gambling. 24 In granting all licenses, the Board may give favorable 25 consideration to economically depressed areas of the State, 26 to applicants presenting plans which provide for significant 27 economic development over a large geographic area, and to 28 applicants who currently operate non-gambling riverboats in 29 Illinois. The Board shall review all applications for owners 30 licenses, and shall inform each applicant of the Board's 31 decision. 32 The Board may revoke the owners license of a licensee 33 which fails to begin conducting gambling within 15 months of 34 receipt of the Board's approval of the application if the -4- LRB9215889LBpr 1 Board determines that license revocation is in the best 2 interests of the State. 3 If a license has been inactive, as defined by the Board, 4 for a period of 48 months or longer, the license shall be 5 declared dormant. The Board shall revoke all dormant 6 licenses. 7 (f) The first 10 owners licenses issued under this Act 8 shall permit the holder to own up to 2 riverboats and 9 equipment thereon for a period of 3 years after the effective 10 date of the license. Holders of the first 10 owners licenses 11 must pay the annual license fee for each of the 3 years 12 during which they are authorized to own riverboats. 13 (g) Upon the termination, expiration, or revocation of 14 each of the first 10 licenses, which shall be issued for a 3 15 year period, all licenses are renewable annually upon payment 16 of the fee and a determination by the Board that the licensee 17 continues to meet all of the requirements of this Act and the 18 Board's rules. However, for licenses renewed on or after May 19 1, 1998, renewal shall be for a period of 4 years, unless the 20 Board sets a shorter period. 21 (h) An owners license shall entitle the licensee to own 22 up to 2 riverboats. A licensee shall limit the number of 23 gambling participants to 1,200 for any such owners license. A 24 licensee may operate both of its riverboats concurrently, 25 provided that the total number of gambling participants on 26 both riverboats does not exceed 1,200. Riverboats licensed to 27 operate on the Mississippi River and the Illinois River south 28 of Marshall County shall have an authorized capacity of at 29 least 500 persons. Any other riverboat licensed under this 30 Act shall have an authorized capacity of at least 400 31 persons. 32 (i) A licensed owner is authorized to apply to the Board 33 for and, if approved therefor, to receive all licenses from 34 the Board necessary for the operation of a riverboat, -5- LRB9215889LBpr 1 including a liquor license, a license to prepare and serve 2 food for human consumption, and other necessary licenses. 3 All use, occupation and excise taxes which apply to the sale 4 of food and beverages in this State and all taxes imposed on 5 the sale or use of tangible personal property apply to such 6 sales aboard the riverboat. 7 (j) The Board may issue a license authorizing a 8 riverboat to dock in a municipality or approve a relocation 9 under Section 11.2 only if, prior to the issuance of the 10 license or approval, the governing body of the municipality 11 in which the riverboat will dock has by a majority vote 12 approved the docking of riverboats in the municipality. The 13 Board may issue a license authorizing a riverboat to dock in 14 areas of a county outside any municipality or approve a 15 relocation under Section 11.2 only if, prior to the issuance 16 of the license or approval, the governing body of the county 17 has by a majority vote approved of the docking of riverboats 18 within such areas. 19 (Source: P.A. 91-40, eff. 6-25-99.)