State of Illinois
92nd General Assembly

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 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.)

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