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Public Act 096-1479
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| SB0744 Enrolled | LRB096 06812 AMC 16898 b |
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Video Gaming
Act is amended by changing |
Sections 5 and 25 as follows:
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(230 ILCS 40/5)
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Sec. 5. Definitions. As used in this Act:
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"Board" means the Illinois Gaming Board.
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"Credit" means 5, 10, or 25 cents either won or purchased |
by a player.
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"Distributor" means an individual, partnership, or |
corporation licensed under
this Act to buy, sell, lease, or |
distribute video gaming terminals or major
components or parts |
of video gaming terminals to or from terminal
operators.
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"Terminal operator" means an individual, partnership or |
corporation that is
licensed under this Act and that owns, |
services, and maintains video
gaming terminals for placement in |
licensed establishments, licensed fraternal
establishments, or |
licensed veterans establishments.
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"Licensed technician" means an individual
who
is licensed |
under this Act to repair,
service, and maintain
video gaming |
terminals.
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"Licensed terminal handler" means a person, including but |
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not limited to an employee or independent contractor working |
for a manufacturer, distributor, supplier, technician, or |
terminal operator, who is licensed under this Act to possess or |
control a video gaming terminal or to have access to the inner |
workings of a video gaming terminal. A licensed terminal |
handler does not include an individual, partnership, or |
corporation defined as a manufacturer, distributor, supplier, |
technician, or terminal operator under this Act. |
"Manufacturer" means an individual, partnership, or |
corporation that is
licensed under this Act and that |
manufactures or assembles video gaming
terminals.
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"Supplier" means an individual, partnership, or |
corporation that is
licensed under this Act to supply major |
components or parts to video gaming
terminals to licensed
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terminal operators.
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"Net terminal income" means money put into a video gaming |
terminal minus
credits paid out to players.
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"Video gaming terminal" means any electronic video game |
machine
that, upon insertion of cash, is available to play or |
simulate the play of
a video game, including but not limited to |
video poker, line up, and blackjack, as
authorized by the Board |
utilizing a video display and microprocessors in
which the |
player may receive free games or credits that can be
redeemed |
for cash. The term does not include a machine that directly
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dispenses coins, cash, or tokens or is for amusement purposes |
only.
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"Licensed establishment" means any licensed retail |
establishment where
alcoholic liquor is drawn, poured, mixed, |
or otherwise served for consumption
on the premises and |
includes any such establishment that has a contractual |
relationship with an inter-track wagering location licensee |
licensed under the Illinois Horse Racing Act of 1975, provided |
any contractual relationship shall not include any transfer or |
offer of revenue from the operation of video gaming under this |
Act to any licensee licensed under the Illinois Horse Racing |
Act of 1975. Provided, however, that the licensed establishment |
that has such a contractual relationship with an inter-track |
wagering location licensee may not, itself, be (i) an |
inter-track wagering location licensee, (ii) the corporate |
parent or subsidiary of any licensee licensed under the |
Illinois Horse Racing Act of 1975, or (iii) the corporate |
subsidiary of a corporation that is also the corporate parent |
or subsidiary of any licensee licensed under the Illinois Horse |
Racing Act of 1975. "Licensed establishment" does not include a |
facility operated by an organization licensee, an inter-track |
intertrack wagering licensee, or an inter-track intertrack |
wagering location licensee licensed under the Illinois Horse |
Racing Act of 1975 or a riverboat licensed under the Riverboat |
Gambling Act, except as provided in this paragraph.
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"Licensed fraternal establishment" means the location |
where a qualified
fraternal organization that derives its |
charter from a national fraternal
organization regularly |
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meets.
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"Licensed veterans establishment" means the location where |
a qualified
veterans organization that derives its charter from |
a national veterans
organization regularly meets.
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"Licensed truck stop establishment" means a facility that |
is at least a
3-acre facility with a convenience store and with |
separate diesel
islands for fueling commercial motor vehicles |
and parking spaces for commercial
motor vehicles as defined in |
Section 18b-101 of the Illinois Vehicle Code.
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(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
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(230 ILCS 40/25)
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Sec. 25. Restriction of licensees.
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(a) Manufacturer. A person may not be licensed as a |
manufacturer of a
video gaming terminal in Illinois unless the |
person has a valid
manufacturer's license issued
under this |
Act. A manufacturer may only sell video gaming terminals for |
use
in Illinois to
persons having a valid distributor's |
license.
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(b) Distributor. A person may not sell, distribute, or |
lease
or market a video gaming terminal in Illinois unless the |
person has a valid
distributor's
license issued under this Act. |
A distributor may only sell video gaming
terminals for use in
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Illinois to persons having a valid distributor's or terminal |
operator's
license.
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(c) Terminal operator. A person may not own, maintain, or |
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place a video gaming terminal unless he has a valid terminal |
operator's
license issued
under this Act. A terminal operator |
may only place video gaming terminals for
use in
Illinois in |
licensed establishments, licensed truck stop establishments, |
licensed fraternal establishments,
and
licensed veterans |
establishments.
No terminal operator may give anything of |
value, including but not limited to
a loan or financing |
arrangement, to a licensed establishment, licensed truck stop |
establishment,
licensed fraternal establishment, or licensed |
veterans establishment as
any incentive or inducement to locate |
video terminals in that establishment.
Of the after-tax profits
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from a video gaming terminal, 50% shall be paid to the terminal
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operator and 50% shall be paid to the licensed establishment, |
licensed truck stop establishment,
licensed fraternal |
establishment, or
licensed veterans establishment, |
notwithstanding nothwithstanding any agreement to the |
contrary.
No terminal
operator may own or have a substantial |
interest in more than 5% of the video
gaming terminals licensed |
in this State. A video terminal operator that violates one or |
more requirements of this subsection is guilty of a Class 4 |
felony and is subject to termination of his or her license by |
the Board.
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(d) Licensed technician. A person may not service, |
maintain, or repair a
video gaming terminal
in this State |
unless he or she (1) has a valid technician's license issued
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under this Act, (2) is a terminal operator, or (3) is employed |
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by a terminal
operator, distributor, or manufacturer.
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(d-5) Licensed terminal handler. No person, including, but |
not limited to, an employee or independent contractor working |
for a manufacturer, distributor, supplier, technician, or |
terminal operator licensed pursuant to this Act, shall have |
possession or control of a video gaming terminal, or access to |
the inner workings of a video gaming terminal, unless that |
person possesses a valid terminal handler's license issued |
under this Act. |
(e) Licensed establishment. No video gaming terminal may be |
placed in any licensed establishment, licensed veterans |
establishment, licensed truck stop establishment,
or licensed |
fraternal establishment
unless the owner
or agent of the owner |
of the licensed establishment, licensed veterans |
establishment, licensed truck stop establishment, or licensed
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fraternal establishment has entered into a
written use |
agreement with the terminal operator for placement of the
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terminals. A copy of the use agreement shall be on file in the |
terminal
operator's place of business and available for |
inspection by individuals
authorized by the Board. A licensed |
establishment, licensed truck stop establishment, licensed |
veterans establishment,
or
licensed
fraternal
establishment |
may operate up to 5 video gaming terminals on its premises at |
any
time.
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(f) (Blank).
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(g) Financial interest restrictions.
As used in this Act, |
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"substantial interest" in a partnership, a corporation, an
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organization, an association, or a business means:
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(A) When, with respect to a sole proprietorship, an |
individual or
his or her spouse owns, operates, |
manages, or conducts, directly
or indirectly, the |
organization, association, or business, or any part |
thereof;
or
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(B) When, with respect to a partnership, the |
individual or his or
her spouse shares in any of the |
profits, or potential profits,
of the partnership |
activities; or
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(C) When, with respect to a corporation, an |
individual or his or her
spouse is an officer or |
director, or the individual or his or her spouse is a |
holder, directly or beneficially, of 5% or more of any |
class
of stock of the corporation; or
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(D) When, with respect to an organization not |
covered in (A), (B) or
(C) above, an individual or his |
or her spouse is an officer or manages the
business |
affairs, or the individual or his or her spouse is the
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owner of or otherwise controls 10% or more of the |
assets of the organization;
or
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(E) When an individual or his or her spouse |
furnishes
5% or more of the capital, whether in cash, |
goods, or services, for the
operation of any business, |
association, or organization during any calendar
year.
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(h) Location restriction. A licensed establishment, |
licensed truck stop establishment, licensed
fraternal
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establishment, or licensed veterans establishment that is (i) |
located within 1,000
feet of a facility operated by an |
organizational licensee or , an inter-track intertrack wagering |
licensee, an intertrack wagering location licensee licensed |
under the Illinois Horse Racing Act of 1975, or the home dock |
of a riverboat licensed under the Riverboat
Gambling Act or |
(ii) located within with a 100 feet of a school or a place of |
worship under the Religious Corporation Act, is ineligible to |
operate a video gaming terminal.
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(i) The provisions of the Illinois Antitrust Act are fully |
and equally applicable to the activities of any licensee under |
this Act.
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(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, |
eff. 7-13-09; revised 8-17-09.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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