Public Act 094-0667
 
HB1919 Enrolled LRB094 02934 LRD 32935 b

    AN ACT concerning gaming.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Riverboat Gambling Act is amended by
changing Section 7 as follows:
 
    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
    Sec. 7. Owners Licenses.
    (a) The Board shall issue owners licenses to persons, firms
or corporations which apply for such licenses upon payment to
the Board of the non-refundable license fee set by the Board,
upon payment of a $25,000 license fee for the first year of
operation and a $5,000 license fee for each succeeding year and
upon a determination by the Board that the applicant is
eligible for an owners license pursuant to this Act and the
rules of the Board. A person, firm or corporation is ineligible
to receive an owners license if:
        (1) the person has been convicted of a felony under the
    laws of this State, any other state, or the United States;
        (2) the person has been convicted of any violation of
    Article 28 of the Criminal Code of 1961, or substantially
    similar laws of any other jurisdiction;
        (3) the person has submitted an application for a
    license under this Act which contains false information;
        (4) the person is a member of the Board;
        (5) a person defined in (1), (2), (3) or (4) is an
    officer, director or managerial employee of the firm or
    corporation;
        (6) the firm or corporation employs a person defined in
    (1), (2), (3) or (4) who participates in the management or
    operation of gambling operations authorized under this
    Act;
        (7) (blank); or
        (8) a license of the person, firm or corporation issued
    under this Act, or a license to own or operate gambling
    facilities in any other jurisdiction, has been revoked.
    (b) In determining whether to grant an owners license to an
applicant, the Board shall consider:
        (1) the character, reputation, experience and
    financial integrity of the applicants and of any other or
    separate person that either:
            (A) controls, directly or indirectly, such
        applicant, or
            (B) is controlled, directly or indirectly, by such
        applicant or by a person which controls, directly or
        indirectly, such applicant;
        (2) the facilities or proposed facilities for the
    conduct of riverboat gambling;
        (3) the highest prospective total revenue to be derived
    by the State from the conduct of riverboat gambling;
        (4) the extent to which the ownership of the applicant
    reflects the diversity of the State by including minority
    persons and females and the good faith affirmative action
    plan of each applicant to recruit, train and upgrade
    minority persons and females in all employment
    classifications;
        (5) the financial ability of the applicant to purchase
    and maintain adequate liability and casualty insurance;
        (6) whether the applicant has adequate capitalization
    to provide and maintain, for the duration of a license, a
    riverboat;
        (7) the extent to which the applicant exceeds or meets
    other standards for the issuance of an owners license which
    the Board may adopt by rule; and
        (8) The amount of the applicant's license bid.
    (c) Each owners license shall specify the place where
riverboats shall operate and dock.
    (d) Each applicant shall submit with his application, on
forms provided by the Board, 2 sets of his fingerprints.
    (e) The Board may issue up to 10 licenses authorizing the
holders of such licenses to own riverboats. In the application
for an owners license, the applicant shall state the dock at
which the riverboat is based and the water on which the
riverboat will be located. The Board shall issue 5 licenses to
become effective not earlier than January 1, 1991. Three of
such licenses shall authorize riverboat gambling on the
Mississippi River, or, with approval by the municipality in
which the riverboat was is docked on August 7, 2003 and with
Board approval, be authorized to relocate to a new location the
effective date of this amendatory Act of the 93rd Assembly, in
a municipality that (1) borders on the Mississippi River or is
within 5 miles of the city limits of a municipality that
borders on the Mississippi River and (2), on August 7, 2003,
had the effective date of this amendatory Act of the 93rd
General Assembly, has a riverboat conducting riverboat
gambling operations pursuant to a license issued under this
Act;, one of which shall authorize riverboat gambling from a
home dock in the city of East St. Louis. One other license
shall authorize riverboat gambling on the Illinois River south
of Marshall County. The Board shall issue one additional
license to become effective not earlier than March 1, 1992,
which shall authorize riverboat gambling on the Des Plaines
River in Will County. The Board may issue 4 additional licenses
to become effective not earlier than March 1, 1992. In
determining the water upon which riverboats will operate, the
Board shall consider the economic benefit which riverboat
gambling confers on the State, and shall seek to assure that
all regions of the State share in the economic benefits of
riverboat gambling.
    In granting all licenses, the Board may give favorable
consideration to economically depressed areas of the State, to
applicants presenting plans which provide for significant
economic development over a large geographic area, and to
applicants who currently operate non-gambling riverboats in
Illinois. The Board shall review all applications for owners
licenses, and shall inform each applicant of the Board's
decision. The Board may grant an owners license to an applicant
that has not submitted the highest license bid, but if it does
not select the highest bidder, the Board shall issue a written
decision explaining why another applicant was selected and
identifying the factors set forth in this Section that favored
the winning bidder.
    In addition to any other revocation powers granted to the
Board under this Act, the Board may revoke the owners license
of a licensee which fails to begin conducting gambling within
15 months of receipt of the Board's approval of the application
if the Board determines that license revocation is in the best
interests of the State.
    (f) The first 10 owners licenses issued under this Act
shall permit the holder to own up to 2 riverboats and equipment
thereon for a period of 3 years after the effective date of the
license. Holders of the first 10 owners licenses must pay the
annual license fee for each of the 3 years during which they
are authorized to own riverboats.
    (g) Upon the termination, expiration, or revocation of each
of the first 10 licenses, which shall be issued for a 3 year
period, all licenses are renewable annually upon payment of the
fee and a determination by the Board that the licensee
continues to meet all of the requirements of this Act and the
Board's rules. However, for licenses renewed on or after May 1,
1998, renewal shall be for a period of 4 years, unless the
Board sets a shorter period.
    (h) An owners license shall entitle the licensee to own up
to 2 riverboats. A licensee shall limit the number of gambling
participants to 1,200 for any such owners license. A licensee
may operate both of its riverboats concurrently, provided that
the total number of gambling participants on both riverboats
does not exceed 1,200. Riverboats licensed to operate on the
Mississippi River and the Illinois River south of Marshall
County shall have an authorized capacity of at least 500
persons. Any other riverboat licensed under this Act shall have
an authorized capacity of at least 400 persons.
    (i) A licensed owner is authorized to apply to the Board
for and, if approved therefor, to receive all licenses from the
Board necessary for the operation of a riverboat, including a
liquor license, a license to prepare and serve food for human
consumption, and other necessary licenses. All use, occupation
and excise taxes which apply to the sale of food and beverages
in this State and all taxes imposed on the sale or use of
tangible personal property apply to such sales aboard the
riverboat.
    (j) The Board may issue or re-issue a license authorizing a
riverboat to dock in a municipality or approve a relocation
under Section 11.2 only if, prior to the issuance or
re-issuance of the license or approval, the governing body of
the municipality in which the riverboat will dock has by a
majority vote approved the docking of riverboats in the
municipality. The Board may issue or re-issue a license
authorizing a riverboat to dock in areas of a county outside
any municipality or approve a relocation under Section 11.2
only if, prior to the issuance or re-issuance of the license or
approval, the governing body of the county has by a majority
vote approved of the docking of riverboats within such areas.
(Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03;
93-453, eff. 8-7-03; revised 1-27-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.