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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0385 Introduced , by Rep. David Harris SYNOPSIS AS INTRODUCED:
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Amends the Riverboat Gambling Act. Changes the short title to the Riverboat and Casino Gambling Act and changes corresponding references to the Act throughout the statutes. Authorizes license owners to conduct gambling operations on a riverboat or in a land-based casino.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Alcoholism and Other Drug Abuse and |
| 5 | | Dependency Act is amended by changing Section 5-20 as follows:
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| 6 | | (20 ILCS 301/5-20)
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| 7 | | Sec. 5-20. Compulsive gambling program.
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| 8 | | (a) Subject to appropriation, the Department shall |
| 9 | | establish a program for
public education, research, and |
| 10 | | training regarding problem and compulsive
gambling and the |
| 11 | | treatment and prevention of problem and compulsive gambling.
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| 12 | | Subject to specific appropriation for these stated purposes, |
| 13 | | the program must
include all of the following:
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| 14 | | (1) Establishment and maintenance of a toll-free "800" |
| 15 | | telephone number
to provide crisis counseling and referral |
| 16 | | services to families experiencing
difficulty as a result of |
| 17 | | problem or compulsive gambling.
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| 18 | | (2) Promotion of public awareness regarding the |
| 19 | | recognition and
prevention of problem and compulsive |
| 20 | | gambling.
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| 21 | | (3) Facilitation, through in-service training and |
| 22 | | other means, of the
availability of effective assistance |
| 23 | | programs for problem and compulsive
gamblers.
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| 1 | | (4) Conducting studies to identify adults and |
| 2 | | juveniles in this
State who are, or who are at risk of |
| 3 | | becoming, problem or compulsive gamblers.
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| 4 | | (b) Subject to appropriation, the Department shall either |
| 5 | | establish and
maintain the program or contract with a private |
| 6 | | or public entity for the
establishment and maintenance of the |
| 7 | | program. Subject to appropriation, either
the Department or the |
| 8 | | private or public entity shall implement the toll-free
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| 9 | | telephone number, promote public awareness, and conduct |
| 10 | | in-service training
concerning problem and compulsive |
| 11 | | gambling.
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| 12 | | (c) Subject to appropriation, the Department shall produce |
| 13 | | and supply the
signs specified in Section 10.7 of the Illinois |
| 14 | | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of |
| 15 | | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 |
| 16 | | of the Charitable Games Act, and Section 13.1 of the Riverboat |
| 17 | | and Casino
Gambling Act.
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| 18 | | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
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| 19 | | Section 10. The Department of Revenue Law of the
Civil |
| 20 | | Administrative Code of Illinois is amended by changing Section |
| 21 | | 2505-305 as follows:
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| 22 | | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
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| 23 | | Sec. 2505-305. Investigators.
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| 24 | | (a) The Department has the power to
appoint investigators |
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| 1 | | to conduct all investigations,
searches, seizures, arrests, |
| 2 | | and other duties imposed under the provisions
of any law |
| 3 | | administered by the Department.
Except as provided in |
| 4 | | subsection (c), these investigators have
and
may exercise all |
| 5 | | the powers of peace officers solely for the purpose of
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| 6 | | enforcing taxing measures administered by the Department.
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| 7 | | (b) The Director must authorize to each investigator |
| 8 | | employed under this
Section and
to any other employee of the |
| 9 | | Department exercising the powers of a peace
officer a
distinct |
| 10 | | badge that, on its face, (i) clearly states that the badge is
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| 11 | | authorized
by the
Department and (ii)
contains a unique |
| 12 | | identifying number.
No other badge shall be authorized by
the |
| 13 | | Department.
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| 14 | | (c) The Department may enter into agreements with the |
| 15 | | Illinois Gaming Board providing that investigators appointed |
| 16 | | under this Section shall exercise the peace officer powers set |
| 17 | | forth in paragraph (20.6) of subsection (c) of Section 5 of the |
| 18 | | Riverboat and Casino Gambling Act.
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| 19 | | (Source: P.A. 96-37, eff. 7-13-09.)
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| 20 | | Section 15. The State Finance Act is amended by changing |
| 21 | | Section 6z-45 as follows:
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| 22 | | (30 ILCS 105/6z-45)
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| 23 | | Sec. 6z-45. The School Infrastructure Fund.
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| 24 | | (a) The School Infrastructure Fund is created as a special |
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| 1 | | fund
in the State Treasury.
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| 2 | | In addition to any other deposits authorized by law, |
| 3 | | beginning January
1, 2000, on the first day of each month, or |
| 4 | | as soon thereafter as may be
practical, the State Treasurer and |
| 5 | | State Comptroller shall transfer the sum of
$5,000,000 from the |
| 6 | | General Revenue Fund to the School Infrastructure Fund, except |
| 7 | | that, notwithstanding any other provision of law, and in |
| 8 | | addition to any other transfers that may be provided for by |
| 9 | | law, before June 30, 2012, the Comptroller and the Treasurer |
| 10 | | shall transfer $45,000,000 from the General Revenue Fund into |
| 11 | | the School Infrastructure Fund, and, for fiscal year 2013 only, |
| 12 | | the Treasurer and the Comptroller shall transfer $1,250,000 |
| 13 | | from the General Revenue Fund to the School Infrastructure Fund |
| 14 | | on the first day of each month;
provided, however, that no such |
| 15 | | transfers shall be made from July 1, 2001
through June 30, |
| 16 | | 2003.
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| 17 | | (b) Subject to the transfer provisions set forth below, |
| 18 | | money in the
School Infrastructure Fund shall, if and when the |
| 19 | | State of Illinois incurs
any bonded indebtedness for the |
| 20 | | construction of school improvements under
the School |
| 21 | | Construction Law, be set aside and used for the purpose of
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| 22 | | paying and discharging annually the principal and interest on |
| 23 | | that bonded
indebtedness then due and payable, and for no other |
| 24 | | purpose.
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| 25 | | In addition to other transfers to the General Obligation |
| 26 | | Bond Retirement and
Interest Fund made pursuant to Section 15 |
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| 1 | | of the General Obligation Bond Act,
upon each delivery of bonds |
| 2 | | issued for construction of school improvements
under the School |
| 3 | | Construction Law, the State Comptroller shall
compute and |
| 4 | | certify to the State Treasurer the total amount of principal |
| 5 | | of,
interest on, and premium, if any, on such bonds during the |
| 6 | | then current and
each succeeding fiscal year.
With respect to |
| 7 | | the interest payable on variable rate bonds, such
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| 8 | | certifications shall be calculated at the maximum rate of |
| 9 | | interest that
may be payable during the fiscal year, after |
| 10 | | taking into account any credits
permitted in the related |
| 11 | | indenture or other instrument against the amount of
such |
| 12 | | interest required to be appropriated for that period.
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| 13 | | On or before the last day of each month, the State |
| 14 | | Treasurer and State
Comptroller shall transfer from the School |
| 15 | | Infrastructure Fund to the General
Obligation Bond Retirement |
| 16 | | and Interest Fund an amount sufficient to pay the
aggregate of |
| 17 | | the principal of, interest on, and premium, if any, on the |
| 18 | | bonds
payable on their next payment date, divided by the number |
| 19 | | of monthly transfers
occurring between the last previous |
| 20 | | payment date (or the delivery date if no
payment date has yet |
| 21 | | occurred) and the next succeeding payment date.
Interest |
| 22 | | payable on variable rate bonds shall be calculated at the |
| 23 | | maximum
rate of interest that may be payable for the relevant |
| 24 | | period, after taking into
account any credits permitted in the |
| 25 | | related indenture or other instrument
against the amount of |
| 26 | | such interest required to be appropriated for that
period.
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| 1 | | Interest for which moneys have already been deposited into the |
| 2 | | capitalized
interest account within the General Obligation |
| 3 | | Bond Retirement and Interest
Fund shall not be included in the |
| 4 | | calculation of the amounts to be transferred
under this |
| 5 | | subsection.
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| 6 | | (b-5) The money deposited into the School Infrastructure |
| 7 | | Fund from transfers pursuant to subsections (c-30) and (c-35) |
| 8 | | of Section 13 of the Riverboat and Casino Gambling Act shall be |
| 9 | | applied, without further direction, as provided in subsection |
| 10 | | (b-3) of Section 5-35 of the School Construction Law. |
| 11 | | (c) The surplus, if any, in the School Infrastructure Fund |
| 12 | | after payments made pursuant to subsections (b) and (b-5) of |
| 13 | | this Section shall, subject to appropriation, be used as |
| 14 | | follows:
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| 15 | | First - to make 3 payments to the School Technology |
| 16 | | Revolving Loan Fund as
follows:
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| 17 | | Transfer of $30,000,000 in fiscal year 1999;
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| 18 | | Transfer of $20,000,000 in fiscal year 2000; and
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| 19 | | Transfer of $10,000,000 in fiscal year 2001.
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| 20 | | Second - to pay the expenses of the State Board of |
| 21 | | Education and the Capital
Development Board in administering |
| 22 | | programs under the School Construction
Law, the total expenses |
| 23 | | not to exceed $1,200,000 in any
fiscal year.
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| 24 | | Third - to pay any amounts due for grants for school |
| 25 | | construction projects
and debt service under the School |
| 26 | | Construction Law.
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| 1 | | Fourth - to pay any amounts due for grants for school |
| 2 | | maintenance projects
under the School Construction Law.
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| 3 | | (Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
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| 4 | | Section 20. The Joliet Regional Port District Act is |
| 5 | | amended by changing Section 5.1 as follows:
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| 6 | | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
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| 7 | | Sec. 5.1. Riverboat and Casino gambling. Notwithstanding |
| 8 | | any other provision of
this Act, the District may not regulate |
| 9 | | the operation, conduct, or
navigation of any riverboat gambling |
| 10 | | casino licensed under the Riverboat
and Casino Gambling Act, |
| 11 | | and the District
may not license, tax, or otherwise levy any |
| 12 | | assessment of any kind on
any riverboat gambling casino |
| 13 | | licensed under the Riverboat and Casino Gambling Act. The
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| 14 | | General Assembly declares that the powers to regulate the |
| 15 | | operation,
conduct, and navigation of riverboat gambling |
| 16 | | casinos and to license, tax,
and levy assessments upon |
| 17 | | riverboat gambling casinos are exclusive powers of
the State of |
| 18 | | Illinois and the Illinois Gaming Board as provided in the
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| 19 | | Riverboat and Casino Gambling Act.
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| 20 | | (Source: P.A. 87-1175.)
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| 21 | | Section 25. The Consumer Installment Loan Act is amended by |
| 22 | | changing Section 12.5 as follows:
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| 1 | | (205 ILCS 670/12.5)
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| 2 | | Sec. 12.5. Limited purpose branch.
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| 3 | | (a) Upon the written approval of the Director, a licensee |
| 4 | | may maintain a
limited purpose branch for the sole purpose of |
| 5 | | making loans as permitted by
this Act. A limited purpose branch |
| 6 | | may include an automatic loan machine. No
other activity shall |
| 7 | | be conducted at the site, including but not limited to,
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| 8 | | accepting payments, servicing the accounts, or collections.
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| 9 | | (b) The licensee must submit an application for a limited |
| 10 | | purpose branch to
the Director on forms prescribed by the |
| 11 | | Director with an application fee of
$300. The approval for the |
| 12 | | limited purpose branch must be renewed concurrently
with the |
| 13 | | renewal of the licensee's license along with a renewal fee of |
| 14 | | $300 for
the limited purpose branch.
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| 15 | | (c) The books, accounts, records, and files of the limited |
| 16 | | purpose branch's
transactions shall be maintained at the |
| 17 | | licensee's licensed location. The
licensee shall notify the |
| 18 | | Director of the licensed location at which the books,
accounts, |
| 19 | | records, and files shall be maintained.
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| 20 | | (d) The licensee shall prominently display at the limited |
| 21 | | purpose branch the
address and telephone number of the |
| 22 | | licensee's licensed location.
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| 23 | | (e) No other business shall be conducted at the site of the |
| 24 | | limited purpose
branch unless authorized by the Director.
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| 25 | | (f) The Director shall make and enforce reasonable rules |
| 26 | | for the conduct of
a limited purpose branch.
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| 1 | | (g) A limited purpose branch may not be located
within |
| 2 | | 1,000 feet of a facility operated by an inter-track wagering |
| 3 | | licensee or
an organization licensee subject to the Illinois |
| 4 | | Horse Racing Act of 1975,
on a riverboat or in a casino subject |
| 5 | | to
the Riverboat and Casino Gambling Act, or within 1,000 feet |
| 6 | | of the location at which the
riverboat docks or within 1,000 |
| 7 | | feet of a casino.
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| 8 | | (Source: P.A. 90-437, eff. 1-1-98.)
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| 9 | | Section 30. The Illinois Horse Racing Act of 1975 is |
| 10 | | amended by changing Sections 54 and 54.75 as follows:
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| 11 | | (230 ILCS 5/54)
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| 12 | | Sec. 54. Horse Racing Equity Fund.
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| 13 | | (a) There is created in the State Treasury a Fund to be |
| 14 | | known as the Horse
Racing
Equity Fund. The Fund shall consist |
| 15 | | of moneys paid into it pursuant to
subsection (c-5) of Section |
| 16 | | 13 of the Riverboat and Casino Gambling Act. The Fund shall
be |
| 17 | | administered
by the Racing Board.
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| 18 | | (b) The moneys deposited into the Fund shall be distributed |
| 19 | | by the Racing Board
within 10 days after those moneys are |
| 20 | | deposited into the Fund as follows:
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| 21 | | (1) Fifty percent of all moneys distributed under this |
| 22 | | subsection shall be
distributed to organization licensees |
| 23 | | to be distributed at their race
meetings as purses. |
| 24 | | Fifty-seven percent of the amount distributed under this
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| 1 | | paragraph (1) shall be distributed for thoroughbred race |
| 2 | | meetings and
43% shall be distributed for standardbred race |
| 3 | | meetings. Within each
breed, moneys shall be allocated to |
| 4 | | each organization licensee's purse
fund in accordance with |
| 5 | | the ratio between the purses generated for that
breed by |
| 6 | | that licensee during the prior calendar year and the total |
| 7 | | purses
generated throughout the State for that breed during |
| 8 | | the prior calendar
year.
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| 9 | | (2) The remaining 50% of the moneys distributed under |
| 10 | | this
subsection (b) shall be distributed pro rata
according |
| 11 | | to the aggregate
proportion of state-wide handle at the |
| 12 | | racetrack, inter-track, and inter-track
wagering locations |
| 13 | | that derive their licenses from a racetrack identified in
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| 14 | | this paragraph (2) for calendar years 1994, 1996, and 1997
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| 15 | | to (i) any person (or its
successors or assigns) who had
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| 16 | | operating control of a racing facility at which live racing |
| 17 | | was conducted in
calendar year 1997 and who has operating |
| 18 | | control of an organization licensee
that conducted racing |
| 19 | | in calendar year 1997 and is a licensee in the current
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| 20 | | year, or (ii) any person
(or its successors or assigns)
who |
| 21 | | has operating control of a racing facility located in a
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| 22 | | county that is bounded by the Mississippi River that has a |
| 23 | | population of less
than 150,000 according to the 1990 |
| 24 | | decennial census and conducted an average of
60 days of |
| 25 | | racing per year between 1985 and 1993 and has been awarded |
| 26 | | an
inter-track wagering license in the current year.
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| 1 | | If any person identified in this paragraph (2) becomes
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| 2 | | ineligible to receive moneys from the Fund, such amount |
| 3 | | shall be redistributed
among the remaining persons in |
| 4 | | proportion to their percentages otherwise
calculated.
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| 5 | | (Source: P.A. 98-18, eff. 6-7-13.)
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| 6 | | (230 ILCS 5/54.75)
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| 7 | | Sec. 54.75. Horse Racing Equity Trust Fund. |
| 8 | | (a) There is created a Fund to be known as the Horse
Racing
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| 9 | | Equity Trust Fund, which is a non-appropriated trust fund held |
| 10 | | separate and apart from State moneys. The Fund shall consist of |
| 11 | | moneys paid into it by owners licensees under
the Riverboat and |
| 12 | | Casino Gambling Act for the purposes described in this Section. |
| 13 | | The Fund shall
be administered
by the Board. Moneys in the Fund |
| 14 | | shall be distributed as directed and certified by the Board in |
| 15 | | accordance with the provisions of subsection (b). |
| 16 | | (b) The moneys deposited into the Fund, plus any accrued |
| 17 | | interest on those moneys, shall be distributed
within 10 days |
| 18 | | after those moneys are deposited into the Fund as follows: |
| 19 | | (1) Sixty percent of all moneys distributed under this |
| 20 | | subsection shall be
distributed to organization licensees |
| 21 | | to be distributed at their race
meetings as purses. |
| 22 | | Fifty-seven percent of the amount distributed under this
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| 23 | | paragraph (1) shall be distributed for thoroughbred race |
| 24 | | meetings and
43% shall be distributed for standardbred race |
| 25 | | meetings. Within each
breed, moneys shall be allocated to |
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| 1 | | each organization licensee's purse
fund in accordance with |
| 2 | | the ratio between the purses generated for that
breed by |
| 3 | | that licensee during the prior calendar year and the total |
| 4 | | purses
generated throughout the State for that breed during |
| 5 | | the prior calendar
year by licensees in the current |
| 6 | | calendar year. |
| 7 | | (2) The remaining 40% of the moneys distributed under |
| 8 | | this
subsection (b) shall be distributed as follows: |
| 9 | | (A) 11% shall be distributed to any person (or its |
| 10 | | successors or assigns) who had operating control of a |
| 11 | | racetrack that conducted live racing in 2002 at a |
| 12 | | racetrack in a
county with at least 230,000 inhabitants |
| 13 | | that borders the Mississippi River and is a licensee in |
| 14 | | the current year; and |
| 15 | | (B) the remaining 89% shall be distributed pro rata
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| 16 | | according to the aggregate
proportion of total handle |
| 17 | | from wagering on live races conducted in Illinois |
| 18 | | (irrespective of where the wagers are placed) for |
| 19 | | calendar years 2004 and 2005
to any person (or its
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| 20 | | successors or assigns) who (i) had
majority operating |
| 21 | | control of a racing facility at which live racing was |
| 22 | | conducted in
calendar year 2002, (ii) is a licensee in |
| 23 | | the current
year, and (iii) is not eligible to receive |
| 24 | | moneys under subparagraph (A) of this paragraph (2). |
| 25 | | The moneys received by an organization licensee |
| 26 | | under this paragraph (2) shall be used by each |
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| 1 | | organization licensee to improve, maintain, market, |
| 2 | | and otherwise operate its racing facilities to conduct |
| 3 | | live racing, which shall include backstretch services |
| 4 | | and capital improvements related to live racing and the |
| 5 | | backstretch. Any organization licensees sharing common |
| 6 | | ownership may pool the moneys received and spent at all |
| 7 | | racing facilities commonly owned in order to meet these |
| 8 | | requirements. |
| 9 | | If any person identified in this paragraph (2) becomes
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| 10 | | ineligible to receive moneys from the Fund, such amount |
| 11 | | shall be redistributed
among the remaining persons in |
| 12 | | proportion to their percentages otherwise
calculated. |
| 13 | | (c) The Board shall monitor organization licensees to |
| 14 | | ensure that moneys paid to organization licensees under this |
| 15 | | Section are distributed by the organization licensees as |
| 16 | | provided in subsection (b).
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| 17 | | (Source: P.A. 95-1008, eff. 12-15-08.)
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| 18 | | Section 35. The Riverboat Gambling Act is amended by |
| 19 | | changing Sections 1, 3, 4, 5, 5.1, 6, 7, 7.3, 7.4, 8, 9, 11, |
| 20 | | 11.1, 12, 13, 18, 18.1, 19, 20, and 24 as follows:
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| 21 | | (230 ILCS 10/1) (from Ch. 120, par. 2401)
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| 22 | | Sec. 1. Short title. This Act shall be known and may be |
| 23 | | cited as the
Riverboat and Casino Gambling Act.
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| 24 | | (Source: P.A. 86-1029.)
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| 1 | | (230 ILCS 10/3) (from Ch. 120, par. 2403)
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| 2 | | Sec. 3. Riverboat Gambling Authorized.
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| 3 | | (a) Riverboat and casino gambling
operations and the system |
| 4 | | of wagering
incorporated therein, as defined in this Act, are |
| 5 | | hereby authorized to the
extent that they are carried out in |
| 6 | | accordance with the provisions of this
Act.
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| 7 | | (b) This Act does not apply to the pari-mutuel system of |
| 8 | | wagering used
or intended to be used in connection with the |
| 9 | | horse-race meetings as
authorized under the Illinois Horse |
| 10 | | Racing Act of 1975, lottery games
authorized under the Illinois |
| 11 | | Lottery Law, bingo authorized under the Bingo
License and Tax |
| 12 | | Act, charitable games authorized under the Charitable Games
Act |
| 13 | | or pull tabs and jar games conducted under the Illinois Pull |
| 14 | | Tabs and Jar
Games Act.
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| 15 | | (c) Riverboat gambling conducted pursuant to this Act may |
| 16 | | be authorized
upon any water within the State of Illinois or |
| 17 | | any
water other than Lake Michigan which constitutes a boundary |
| 18 | | of the State
of Illinois.
A licensee may conduct riverboat |
| 19 | | gambling authorized under this Act
regardless of whether it |
| 20 | | conducts excursion cruises. A licensee may permit
the |
| 21 | | continuous ingress and egress of passengers for the purpose of
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| 22 | | gambling.
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| 23 | | (Source: P.A. 91-40, eff. 6-25-99.)
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| 24 | | (230 ILCS 10/4) (from Ch. 120, par. 2404)
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| 1 | | Sec. 4. Definitions. As used in this Act:
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| 2 | | (a) "Board" means the Illinois Gaming Board.
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| 3 | | (b) "Occupational license" means a license issued by the |
| 4 | | Board to a
person or entity to perform an occupation which the |
| 5 | | Board has identified as
requiring a license to engage in |
| 6 | | riverboat gambling or casino gambling in Illinois.
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| 7 | | (c) "Gambling game" includes, but is not limited to, |
| 8 | | baccarat,
twenty-one, poker, craps, slot machine, video game of |
| 9 | | chance, roulette
wheel, klondike table, punchboard, faro |
| 10 | | layout, keno layout, numbers
ticket, push card, jar ticket, or |
| 11 | | pull tab which is authorized by the Board
as a wagering device |
| 12 | | under this Act.
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| 13 | | (d) "Riverboat" means a self-propelled excursion boat, a
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| 14 | | permanently moored barge, or permanently moored barges that are |
| 15 | | permanently
fixed together to operate as one vessel, on which |
| 16 | | lawful gambling is
authorized and licensed as
provided in this |
| 17 | | Act.
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| 18 | | (e) "Managers license" means a license issued by the Board |
| 19 | | to a person or
entity
to manage gambling operations conducted |
| 20 | | by the State pursuant to Section 7.3.
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| 21 | | (f) "Dock" means the location where a riverboat moors for |
| 22 | | the purpose of
embarking passengers for and disembarking |
| 23 | | passengers from the riverboat.
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| 24 | | (g) "Gross receipts" means the total amount of money |
| 25 | | exchanged for the
purchase of chips, tokens, or electronic |
| 26 | | cards by riverboat patrons.
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| 1 | | (h) "Adjusted gross receipts" means the gross receipts less
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| 2 | | winnings paid to wagerers.
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| 3 | | (i) "Cheat" means to alter the selection of criteria which |
| 4 | | determine the
result of a gambling game or the amount or |
| 5 | | frequency of payment in a gambling
game.
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| 6 | | (j) (Blank).
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| 7 | | (k) "Gambling operation" means the conduct of authorized |
| 8 | | gambling games authorized under this Act
upon a riverboat or in |
| 9 | | a casino.
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| 10 | | (l) "License bid" means the lump sum amount of money that |
| 11 | | an applicant
bids and agrees to pay the State in return for an |
| 12 | | owners license that is re-issued on or after July 1, 2003.
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| 13 | | (m) The terms "minority person", "female", and "person with |
| 14 | | a disability" shall have the same meaning
as
defined in
Section |
| 15 | | 2 of the Business Enterprise for Minorities, Females, and |
| 16 | | Persons with
Disabilities Act.
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| 17 | | "Casino" means a facility at which lawful gambling is |
| 18 | | authorized as provided in this Act. |
| 19 | | "Owners license" means a license to conduct riverboat or |
| 20 | | casino gambling operations. |
| 21 | | "Licensed owner" means a person or entity who holds an |
| 22 | | owners license. |
| 23 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
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| 24 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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| 25 | | Sec. 5. Gaming Board.
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| 1 | | (a) (1) There is hereby established the
Illinois Gaming |
| 2 | | Board, which shall have the powers and duties specified in
this |
| 3 | | Act, and all other powers necessary and proper to fully and
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| 4 | | effectively execute this Act for the purpose of administering, |
| 5 | | regulating,
and enforcing the system of riverboat and casino |
| 6 | | gambling established by this Act. Its
jurisdiction shall extend |
| 7 | | under this Act to every person, association,
corporation, |
| 8 | | partnership and trust involved in riverboat and casino gambling
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| 9 | | operations in the State of Illinois.
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| 10 | | (2) The Board shall consist of 5 members to be appointed by |
| 11 | | the Governor
with the advice and consent of the Senate, one of |
| 12 | | whom shall be designated
by the Governor to be chairperson |
| 13 | | chairman. Each member shall have a reasonable
knowledge of the |
| 14 | | practice, procedure and principles of gambling operations.
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| 15 | | Each member shall either be a resident of Illinois or shall |
| 16 | | certify that he
or she will become a resident of Illinois |
| 17 | | before taking office. |
| 18 | | At least one member
shall be experienced in law enforcement |
| 19 | | and criminal investigation, at
least one member shall be a |
| 20 | | certified public accountant experienced in
accounting and |
| 21 | | auditing, and at least one member shall be a lawyer licensed
to |
| 22 | | practice law in Illinois.
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| 23 | | (3) The terms of office of the Board members shall be 3 |
| 24 | | years, except
that the terms of office of the initial Board |
| 25 | | members appointed pursuant to
this Act will commence from the |
| 26 | | effective date of this Act and run as
follows: one for a term |
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| 1 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for |
| 2 | | a term ending July 1, 1993. Upon the expiration of the
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| 3 | | foregoing terms, the successors of such members shall serve a |
| 4 | | term for 3
years and until their successors are appointed and |
| 5 | | qualified for like terms.
Vacancies in the Board shall be |
| 6 | | filled for the unexpired term in like
manner as original |
| 7 | | appointments. Each member of the Board shall be
eligible for |
| 8 | | reappointment at the discretion of the Governor with the
advice |
| 9 | | and consent of the Senate.
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| 10 | | (4) Each member of the Board shall receive $300 for each |
| 11 | | day the
Board meets and for each day the member conducts any |
| 12 | | hearing pursuant to
this Act. Each member of the Board shall |
| 13 | | also be reimbursed for all actual
and necessary expenses and |
| 14 | | disbursements incurred in the execution of official
duties.
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| 15 | | (5) No person shall be appointed a member of the Board or |
| 16 | | continue to be
a member of the Board who is, or whose spouse, |
| 17 | | child or parent is, a member
of the board of directors of, or a |
| 18 | | person financially interested in, any
gambling operation |
| 19 | | subject to the jurisdiction of this Board, or any race
track, |
| 20 | | race meeting, racing association or the operations thereof |
| 21 | | subject
to the jurisdiction of the Illinois Racing Board. No |
| 22 | | Board member shall
hold any other public office. No person |
| 23 | | shall be a
member of the Board who is not of good moral |
| 24 | | character or who has been
convicted of, or is under indictment |
| 25 | | for, a felony under the laws of
Illinois or any other state, or |
| 26 | | the United States.
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| 1 | | (5.5) No member of the Board shall engage in any political |
| 2 | | activity. For the purposes of this Section, "political" means |
| 3 | | any activity in support
of or in connection with any campaign |
| 4 | | for federal, State, or local elective office or any political
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| 5 | | organization, but does not include activities (i) relating to |
| 6 | | the support or
opposition of any executive, legislative, or |
| 7 | | administrative action (as those
terms are defined in Section 2 |
| 8 | | of the Lobbyist Registration Act), (ii) relating
to collective |
| 9 | | bargaining, or (iii) that are
otherwise
in furtherance of the |
| 10 | | person's official
State duties or governmental and public |
| 11 | | service functions.
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| 12 | | (6) Any member of the Board may be removed by the Governor |
| 13 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
| 14 | | in office or for engaging in any political activity.
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| 15 | | (7) Before entering upon the discharge of the duties of his |
| 16 | | office, each
member of the Board shall take an oath that he |
| 17 | | will faithfully execute the
duties of his office according to |
| 18 | | the laws of the State and the rules and
regulations adopted |
| 19 | | therewith and shall give bond to the State of Illinois,
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| 20 | | approved by the Governor, in the sum of $25,000. Every such |
| 21 | | bond, when
duly executed and approved, shall be recorded in the |
| 22 | | office of the
Secretary of State. Whenever the Governor |
| 23 | | determines that the bond of any
member of the Board has become |
| 24 | | or is likely to become invalid or
insufficient, he shall |
| 25 | | require such member forthwith to renew his bond,
which is to be |
| 26 | | approved by the Governor. Any member of the Board who fails
to |
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| 1 | | take oath and give bond within 30 days from the date of his |
| 2 | | appointment,
or who fails to renew his bond within 30 days |
| 3 | | after it is demanded by the
Governor, shall be guilty of |
| 4 | | neglect of duty and may be removed by the
Governor. The cost of |
| 5 | | any bond given by any member of the Board under this
Section |
| 6 | | shall be taken to be a part of the necessary expenses of the |
| 7 | | Board.
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| 8 | | (7.5) For the examination of all mechanical, |
| 9 | | electromechanical, or electronic table games, slot machines, |
| 10 | | slot accounting systems, and other electronic gaming equipment |
| 11 | | for compliance with this Act, the Board may utilize the |
| 12 | | services of one or more independent outside testing |
| 13 | | laboratories that have been accredited by a national |
| 14 | | accreditation body and that, in the judgment of the Board, are |
| 15 | | qualified to perform such examinations. |
| 16 | | (8) The Board shall employ such
personnel as may be |
| 17 | | necessary to carry out its functions and shall determine the |
| 18 | | salaries of all personnel, except those personnel whose |
| 19 | | salaries are determined under the terms of a collective |
| 20 | | bargaining agreement. No
person shall be employed to serve the |
| 21 | | Board who is, or whose spouse, parent
or child is, an official |
| 22 | | of, or has a financial interest in or financial
relation with, |
| 23 | | any operator engaged in gambling operations within this
State |
| 24 | | or any organization engaged in conducting horse racing within |
| 25 | | this
State. Any employee violating these prohibitions shall be |
| 26 | | subject to
termination of employment.
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| 1 | | (9) An Administrator shall perform any and all duties that |
| 2 | | the Board
shall assign him. The salary of the Administrator |
| 3 | | shall be determined by
the Board and, in addition,
he shall be |
| 4 | | reimbursed for all actual and necessary expenses incurred by
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| 5 | | him in discharge of his official duties. The Administrator |
| 6 | | shall keep
records of all proceedings of the Board and shall |
| 7 | | preserve all records,
books, documents and other papers |
| 8 | | belonging to the Board or entrusted to
its care. The |
| 9 | | Administrator shall devote his full time to the duties of
the |
| 10 | | office and shall not hold any other office or employment.
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| 11 | | (b) The Board shall have general responsibility for the |
| 12 | | implementation
of this Act. Its duties include, without |
| 13 | | limitation, the following:
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| 14 | | (1) To decide promptly and in reasonable order all |
| 15 | | license applications.
Any party aggrieved by an action of |
| 16 | | the Board denying, suspending,
revoking, restricting or |
| 17 | | refusing to renew a license may request a hearing
before |
| 18 | | the Board. A request for a hearing must be made to the |
| 19 | | Board in
writing within 5 days after service of notice of |
| 20 | | the action of the Board.
Notice of the action of the Board |
| 21 | | shall be served either by personal
delivery or by certified |
| 22 | | mail, postage prepaid, to the aggrieved party.
Notice |
| 23 | | served by certified mail shall be deemed complete on the |
| 24 | | business
day following the date of such mailing. The Board |
| 25 | | shall conduct all
requested hearings promptly and in |
| 26 | | reasonable order;
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| 1 | | (2) To conduct all hearings pertaining to civil |
| 2 | | violations of this Act
or rules and regulations promulgated |
| 3 | | hereunder;
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| 4 | | (3) To promulgate such rules and regulations as in its |
| 5 | | judgment may be
necessary to protect or enhance the |
| 6 | | credibility and integrity of gambling
operations |
| 7 | | authorized by this Act and the regulatory process |
| 8 | | hereunder;
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| 9 | | (4) To provide for the establishment and collection of |
| 10 | | all license and
registration fees and taxes imposed by this |
| 11 | | Act and the rules and
regulations issued pursuant hereto. |
| 12 | | All such fees and taxes shall be
deposited into the State |
| 13 | | Gaming Fund;
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| 14 | | (5) To provide for the levy and collection of penalties |
| 15 | | and fines for the
violation of provisions of this Act and |
| 16 | | the rules and regulations
promulgated hereunder. All such |
| 17 | | fines and penalties shall be deposited
into the Education |
| 18 | | Assistance Fund, created by Public Act 86-0018, of the
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| 19 | | State of Illinois;
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| 20 | | (6) To be present through its inspectors and agents any |
| 21 | | time gambling
operations are conducted on any riverboat or |
| 22 | | in any casino for the purpose of certifying the
revenue |
| 23 | | thereof, receiving complaints from the public, and |
| 24 | | conducting such
other investigations into the conduct of |
| 25 | | the gambling games and the
maintenance of the equipment as |
| 26 | | from time to time the Board may deem
necessary and proper;
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| 1 | | (7) To review and rule upon any complaint by a licensee
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| 2 | | regarding any investigative procedures of the State which |
| 3 | | are unnecessarily
disruptive of gambling operations. The |
| 4 | | need to inspect and investigate
shall be presumed at all |
| 5 | | times. The disruption of a licensee's operations
shall be |
| 6 | | proved by clear and convincing evidence, and establish |
| 7 | | that: (A)
the procedures had no reasonable law enforcement |
| 8 | | purposes, and (B) the
procedures were so disruptive as to |
| 9 | | unreasonably inhibit gambling operations;
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| 10 | | (8) To hold at least one meeting each quarter of the |
| 11 | | fiscal
year. In addition, special meetings may be called by |
| 12 | | the Chairman or any 2
Board members upon 72 hours written |
| 13 | | notice to each member. All Board
meetings shall be subject |
| 14 | | to the Open Meetings Act. Three members of the
Board shall |
| 15 | | constitute a quorum, and 3 votes shall be required for any
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| 16 | | final determination by the Board. The Board shall keep a |
| 17 | | complete and
accurate record of all its meetings. A |
| 18 | | majority of the members of the Board
shall constitute a |
| 19 | | quorum for the transaction of any business, for the
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| 20 | | performance of any duty, or for the exercise of any power |
| 21 | | which this Act
requires the Board members to transact, |
| 22 | | perform or exercise en banc, except
that, upon order of the |
| 23 | | Board, one of the Board members or an
administrative law |
| 24 | | judge designated by the Board may conduct any hearing
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| 25 | | provided for under this Act or by Board rule and may |
| 26 | | recommend findings and
decisions to the Board. The Board |
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| 1 | | member or administrative law judge
conducting such hearing |
| 2 | | shall have all powers and rights granted to the
Board in |
| 3 | | this Act. The record made at the time of the hearing shall |
| 4 | | be
reviewed by the Board, or a majority thereof, and the |
| 5 | | findings and decision
of the majority of the Board shall |
| 6 | | constitute the order of the Board in
such case;
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| 7 | | (9) To maintain records which are separate and distinct |
| 8 | | from the records
of any other State board or commission. |
| 9 | | Such records shall be available
for public inspection and |
| 10 | | shall accurately reflect all Board proceedings;
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| 11 | | (10) To file a written annual report with the Governor |
| 12 | | on or before
March 1 each year and such additional reports |
| 13 | | as the Governor may request.
The annual report shall |
| 14 | | include a statement of receipts and disbursements
by the |
| 15 | | Board, actions taken by the Board, and any additional |
| 16 | | information
and recommendations which the Board may deem |
| 17 | | valuable or which the Governor
may request;
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| 18 | | (11) (Blank);
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| 19 | | (12) (Blank);
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| 20 | | (13) To assume responsibility for administration and |
| 21 | | enforcement of the
Video Gaming Act; and |
| 22 | | (14) To adopt, by rule, a code of conduct governing |
| 23 | | Board members and employees that ensures ensure, to the |
| 24 | | maximum extent possible, that persons subject to this Code |
| 25 | | avoid situations, relationships, or associations that may |
| 26 | | represent or lead to a conflict of interest.
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| 1 | | (c) The Board shall have jurisdiction over and shall |
| 2 | | supervise all
gambling operations governed by this Act. The |
| 3 | | Board shall have all powers
necessary and proper to fully and |
| 4 | | effectively execute the provisions of
this Act, including, but |
| 5 | | not limited to, the following:
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| 6 | | (1) To investigate applicants and determine the |
| 7 | | eligibility of
applicants for licenses and to select among |
| 8 | | competing applicants the
applicants which best serve the |
| 9 | | interests of the citizens of Illinois.
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| 10 | | (2) To have jurisdiction and supervision over all |
| 11 | | riverboat gambling
operations authorized under this Act in |
| 12 | | this State and all persons in places on riverboats where |
| 13 | | gambling
operations are conducted.
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| 14 | | (3) To promulgate rules and regulations for the purpose |
| 15 | | of administering
the provisions of this Act and to |
| 16 | | prescribe rules, regulations and
conditions under which |
| 17 | | all riverboat gambling operations subject to this Act in |
| 18 | | the State shall be
conducted. Such rules and regulations |
| 19 | | are to provide for the prevention of
practices detrimental |
| 20 | | to the public interest and for the best interests of
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| 21 | | riverboat gambling, including rules and regulations |
| 22 | | regarding the
inspection of casinos and such riverboats, |
| 23 | | and the review of any permits or licenses
necessary to |
| 24 | | operate a riverboat or casino under any laws or regulations |
| 25 | | applicable
to riverboats or casinos, and to impose |
| 26 | | penalties for violations thereof.
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| 1 | | (4) To enter the office, riverboats, casinos, and other |
| 2 | | facilities, or other
places of business of a licensee, |
| 3 | | where evidence of the compliance or
noncompliance with the |
| 4 | | provisions of this Act is likely to be found.
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| 5 | | (5) To investigate alleged violations of this Act or |
| 6 | | the
rules of the Board and to take appropriate disciplinary
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| 7 | | action against a licensee or a holder of an occupational |
| 8 | | license for a
violation, or institute appropriate legal |
| 9 | | action for enforcement, or both.
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| 10 | | (6) To adopt standards for the licensing of all persons |
| 11 | | and entities under Section 7 of this Act,
as well as for |
| 12 | | electronic or mechanical gambling games, and to establish
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| 13 | | fees for such licenses.
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| 14 | | (7) To adopt appropriate standards for all riverboats, |
| 15 | | casinos,
and other facilities authorized under this Act.
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| 16 | | (8) To require that the records, including financial or |
| 17 | | other statements
of any licensee under this Act, shall be |
| 18 | | kept in such manner as prescribed
by the Board and that any |
| 19 | | such licensee involved in the ownership or
management of |
| 20 | | gambling operations submit to the Board an annual balance
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| 21 | | sheet and profit and loss statement, list of the |
| 22 | | stockholders or other
persons having a 1% or greater |
| 23 | | beneficial interest in the gambling
activities of each |
| 24 | | licensee, and any other information the Board deems
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| 25 | | necessary in order to effectively administer this Act and |
| 26 | | all rules,
regulations, orders and final decisions |
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| 1 | | promulgated under this Act.
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| 2 | | (9) To conduct hearings, issue subpoenas for the |
| 3 | | attendance of
witnesses and subpoenas duces tecum for the |
| 4 | | production of books, records
and other pertinent documents |
| 5 | | in accordance with the Illinois
Administrative Procedure |
| 6 | | Act, and to administer oaths and affirmations to
the |
| 7 | | witnesses, when, in the judgment of the Board, it is |
| 8 | | necessary to
administer or enforce this Act or the Board |
| 9 | | rules.
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| 10 | | (10) To prescribe a form to be used by any licensee |
| 11 | | involved in the
ownership or management of gambling |
| 12 | | operations as an
application for employment for their |
| 13 | | employees.
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| 14 | | (11) To revoke or suspend licenses, as the Board may |
| 15 | | see fit and in
compliance with applicable laws of the State |
| 16 | | regarding administrative
procedures, and to review |
| 17 | | applications for the renewal of licenses. The
Board may |
| 18 | | suspend an owners license, without notice or hearing, upon |
| 19 | | a
determination that the safety or health of patrons or |
| 20 | | employees is
jeopardized by continuing a gambling |
| 21 | | operation conducted under that license riverboat's |
| 22 | | operation. The suspension may
remain in effect until the |
| 23 | | Board determines that the cause for suspension
has been |
| 24 | | abated. The Board may revoke an the owners license upon a
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| 25 | | determination that the licensee owner has not made |
| 26 | | satisfactory progress toward
abating the hazard.
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| 1 | | (12) To eject or exclude or authorize the ejection or |
| 2 | | exclusion of, any
person from riverboat gambling |
| 3 | | facilities where that such person is in violation
of this |
| 4 | | Act, rules and regulations thereunder, or final orders of |
| 5 | | the
Board, or where such person's conduct or reputation is |
| 6 | | such that his
or her presence within the riverboat gambling |
| 7 | | facilities may, in the opinion of
the Board, call into |
| 8 | | question the honesty and integrity of the gambling
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| 9 | | operations or interfere with the orderly conduct thereof; |
| 10 | | provided that the
propriety of such ejection or exclusion |
| 11 | | is subject to subsequent hearing
by the Board.
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| 12 | | (13) To require all licensees of gambling operations to |
| 13 | | utilize a
cashless wagering system whereby all players' |
| 14 | | money is converted to tokens,
electronic cards, or chips |
| 15 | | which shall be used only for wagering in the
gambling |
| 16 | | establishment.
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| 17 | | (14) (Blank).
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| 18 | | (15) To suspend, revoke, or restrict licenses, to |
| 19 | | require the
removal of a licensee or an employee of a |
| 20 | | licensee for a violation of this
Act or a Board rule or for |
| 21 | | engaging in a fraudulent practice, and to
impose civil |
| 22 | | penalties of up to $5,000 against individuals and up to
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| 23 | | $10,000 or an amount equal to the daily gross receipts, |
| 24 | | whichever is
larger, against licensees for each violation |
| 25 | | of any provision of the Act,
any rules adopted by the |
| 26 | | Board, any order of the Board or any other action
which, in |
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| 1 | | the Board's discretion, is a detriment or impediment to |
| 2 | | riverboat
gambling operations.
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| 3 | | (16) To hire employees to gather information, conduct |
| 4 | | investigations
and carry out any other tasks contemplated |
| 5 | | under this Act.
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| 6 | | (17) To establish minimum levels of insurance to be |
| 7 | | maintained by
licensees.
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| 8 | | (18) To authorize a licensee to sell or serve alcoholic |
| 9 | | liquors, wine or
beer as defined in the Liquor Control Act |
| 10 | | of 1934 on board a riverboat
or in a casino and to have |
| 11 | | exclusive authority to establish the hours for sale and
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| 12 | | consumption of alcoholic liquor on board a riverboat or in |
| 13 | | a casino, notwithstanding any
provision of the Liquor |
| 14 | | Control Act of 1934 or any local ordinance, and
regardless |
| 15 | | of whether the riverboat makes excursions. The
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| 16 | | establishment of the hours for sale and consumption of |
| 17 | | alcoholic liquor on
board a riverboat or in a casino is an |
| 18 | | exclusive power and function of the State. A home
rule unit |
| 19 | | may not establish the hours for sale and consumption of |
| 20 | | alcoholic
liquor on board a riverboat or in a casino. This |
| 21 | | paragraph (18) amendatory Act of 1991 is a denial and
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| 22 | | limitation of home rule powers and functions under |
| 23 | | subsection (h) of
Section 6 of Article VII of the Illinois |
| 24 | | Constitution.
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| 25 | | (19) After consultation with the U.S. Army Corps of |
| 26 | | Engineers, to
establish binding emergency orders upon the |
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| 1 | | concurrence of a majority of
the members of the Board |
| 2 | | regarding the navigability of water, relative to
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| 3 | | excursions,
in the event
of extreme weather conditions, |
| 4 | | acts of God or other extreme circumstances.
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| 5 | | (20) To delegate the execution of any of its powers |
| 6 | | under this Act for
the purpose of administering and |
| 7 | | enforcing this Act and the its rules adopted by the Board |
| 8 | | under this Act and
regulations hereunder.
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| 9 | | (20.5) To approve any contract entered into on its |
| 10 | | behalf.
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| 11 | | (20.6) To appoint investigators to conduct |
| 12 | | investigations, searches, seizures, arrests, and other |
| 13 | | duties imposed under this Act, as deemed necessary by the |
| 14 | | Board. These investigators have and may exercise all of the |
| 15 | | rights and powers of peace officers, provided that these |
| 16 | | powers shall be limited to offenses or violations occurring |
| 17 | | or committed in a casino or on a riverboat or dock, as |
| 18 | | defined in subsections (d) and (f) of Section 4, or as |
| 19 | | otherwise provided by this Act or any other law. |
| 20 | | (20.7) To contract with the Department of State Police |
| 21 | | for the use of trained and qualified State police officers |
| 22 | | and with the Department of Revenue for the use of trained |
| 23 | | and qualified Department of Revenue investigators to |
| 24 | | conduct investigations, searches, seizures, arrests, and |
| 25 | | other duties imposed under this Act and to exercise all of |
| 26 | | the rights and powers of peace officers, provided that the |
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| 1 | | powers of Department of Revenue investigators under this |
| 2 | | paragraph subdivision (20.7) shall be limited to offenses |
| 3 | | or violations occurring or committed in a casino or on a |
| 4 | | riverboat or dock, as defined in subsections (d) and (f) of |
| 5 | | Section 4, or as otherwise provided by this Act or any |
| 6 | | other law. In the event the Department of State Police or |
| 7 | | the Department of Revenue is unable to fill contracted |
| 8 | | police or investigative positions, the Board may appoint |
| 9 | | investigators to fill those positions pursuant to |
| 10 | | paragraph subdivision (20.6).
|
| 11 | | (21) To take any other action as may be reasonable or |
| 12 | | appropriate to
enforce this Act and the rules adopted by |
| 13 | | the Board under this Act and regulations hereunder.
|
| 14 | | (d) The Board may seek and shall receive the cooperation of |
| 15 | | the
Department of State Police in conducting background |
| 16 | | investigations of
applicants and in fulfilling its |
| 17 | | responsibilities under
this Section. Costs incurred by the |
| 18 | | Department of State Police as
a result of such cooperation |
| 19 | | shall be paid by the Board in conformance
with the requirements |
| 20 | | of Section 2605-400 of the Department of State Police Law
(20 |
| 21 | | ILCS 2605/2605-400).
|
| 22 | | (e) The Board must authorize to each investigator and to |
| 23 | | any other
employee of the Board exercising the powers of a |
| 24 | | peace officer a distinct badge
that, on its face, (i) clearly |
| 25 | | states that the badge is authorized by the Board
and
(ii) |
| 26 | | contains a unique identifying number. No other badge shall be |
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| 1 | | authorized
by the Board.
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| 2 | | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
|
| 3 | | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
|
| 4 | | Sec. 5.1. Disclosure of records.
|
| 5 | | (a) Notwithstanding any applicable statutory provision to |
| 6 | | the contrary,
the Board shall, on written request from any |
| 7 | | person, provide
information furnished by an applicant or |
| 8 | | licensee concerning the applicant
or licensee, his products, |
| 9 | | services or gambling enterprises and his
business holdings, as |
| 10 | | follows:
|
| 11 | | (1) The name, business address and business telephone |
| 12 | | number of any
applicant or licensee.
|
| 13 | | (2) An identification of any applicant or licensee |
| 14 | | including, if an
applicant or licensee is not an |
| 15 | | individual, the state of incorporation or
registration, |
| 16 | | the corporate officers, and the identity of all |
| 17 | | shareholders
or participants. If an applicant or licensee |
| 18 | | has a pending registration
statement filed with the |
| 19 | | Securities and Exchange Commission, only the names
of those |
| 20 | | persons or entities holding interest of 5% or more must be |
| 21 | | provided.
|
| 22 | | (3) An identification of any business, including, if |
| 23 | | applicable, the
state of incorporation or registration, in |
| 24 | | which an applicant or licensee
or an applicant's or |
| 25 | | licensee's spouse or children has an equity interest
of |
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| 1 | | more than 1%. If an applicant or licensee is a corporation, |
| 2 | | partnership
or other business entity, the applicant or |
| 3 | | licensee shall identify any
other corporation, partnership |
| 4 | | or business entity in which it has an equity
interest of 1%
|
| 5 | | or more, including, if applicable, the state of
|
| 6 | | incorporation or registration. This information need not |
| 7 | | be provided by a
corporation, partnership or other business |
| 8 | | entity that has a pending
registration statement filed with |
| 9 | | the Securities and Exchange Commission.
|
| 10 | | (4) Whether an applicant or licensee has been indicted, |
| 11 | | convicted,
pleaded guilty or nolo contendere, or forfeited |
| 12 | | bail concerning any
criminal offense under the laws of any |
| 13 | | jurisdiction, either felony or
misdemeanor (except for |
| 14 | | traffic violations), including the date, the name
and |
| 15 | | location of the court, arresting agency and prosecuting |
| 16 | | agency, the
case number, the offense, the disposition and |
| 17 | | the location and length of
incarceration.
|
| 18 | | (5) Whether an applicant or licensee has had any |
| 19 | | license or
certificate issued by a licensing authority in |
| 20 | | Illinois or any other
jurisdiction denied, restricted, |
| 21 | | suspended, revoked or not renewed and a
statement |
| 22 | | describing the facts and circumstances concerning the |
| 23 | | denial,
restriction, suspension, revocation or |
| 24 | | non-renewal, including the licensing
authority, the date |
| 25 | | each such action was taken, and the reason for each
such |
| 26 | | action.
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| 1 | | (6) Whether an applicant or licensee has ever filed or |
| 2 | | had filed against
it a proceeding in bankruptcy or has ever |
| 3 | | been involved in any formal
process to adjust, defer, |
| 4 | | suspend or otherwise work out the payment of any
debt |
| 5 | | including the date of filing, the name and location of the |
| 6 | | court, the
case and number of the disposition.
|
| 7 | | (7) Whether an applicant or licensee has filed, or been |
| 8 | | served with a
complaint or other notice filed with any |
| 9 | | public body, regarding the
delinquency in the payment of, |
| 10 | | or a dispute over the filings concerning the
payment of, |
| 11 | | any tax required under federal, State or local law, |
| 12 | | including
the amount, type of tax, the taxing agency and |
| 13 | | time periods involved.
|
| 14 | | (8) A statement listing the names and titles of all |
| 15 | | public officials
or officers of any unit of government, and |
| 16 | | relatives of said
public officials or officers who, |
| 17 | | directly or indirectly, own
any financial interest in, have |
| 18 | | any beneficial interest in, are the
creditors of or hold |
| 19 | | any debt instrument issued by, or hold or have any
interest |
| 20 | | in any contractual or service relationship with, an |
| 21 | | applicant
or licensee.
|
| 22 | | (9) Whether an applicant or licensee has made, directly |
| 23 | | or indirectly,
any political contribution, or any loans, |
| 24 | | donations or other payments, to
any candidate or office |
| 25 | | holder, within 5 years from the date of filing the
|
| 26 | | application, including the amount and the method of |
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| 1 | | payment.
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| 2 | | (10) The name and business telephone number of the |
| 3 | | counsel
representing an applicant or licensee in matters |
| 4 | | before the Board.
|
| 5 | | (11) A description of any proposed or approved |
| 6 | | riverboat or casino
gaming operation, including the type of |
| 7 | | boat, home dock or casino location, expected
economic |
| 8 | | benefit to the community, anticipated or actual number of
|
| 9 | | employees, any statement from an applicant or licensee |
| 10 | | regarding compliance
with federal and State affirmative |
| 11 | | action guidelines, projected or actual
admissions and |
| 12 | | projected or actual adjusted gross gaming receipts.
|
| 13 | | (12) A description of the product or service to be |
| 14 | | supplied by an
applicant for a supplier's license.
|
| 15 | | (b) Notwithstanding any applicable statutory provision to |
| 16 | | the contrary,
the Board shall, on written request from any |
| 17 | | person, also provide
the following information:
|
| 18 | | (1) The amount of the wagering tax and admission tax |
| 19 | | paid daily to the
State of Illinois by the holder of an |
| 20 | | owner's license.
|
| 21 | | (2) Whenever the Board finds an applicant for an |
| 22 | | owner's license
unsuitable for licensing, a copy of the |
| 23 | | written letter outlining the
reasons for the denial.
|
| 24 | | (3) Whenever the Board has refused to grant leave for |
| 25 | | an applicant to
withdraw his application, a copy of the |
| 26 | | letter outlining the reasons for
the refusal.
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| 1 | | (c) Subject to the above provisions, the Board shall not |
| 2 | | disclose any
information which would be barred by:
|
| 3 | | (1) Section 7 of the Freedom of Information Act; or
|
| 4 | | (2) The statutes, rules, regulations or |
| 5 | | intergovernmental agreements
of any jurisdiction.
|
| 6 | | (d) The Board may assess fees for the copying of |
| 7 | | information in
accordance with Section 6 of the Freedom of |
| 8 | | Information Act.
|
| 9 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
| 10 | | (230 ILCS 10/6) (from Ch. 120, par. 2406)
|
| 11 | | Sec. 6. Application for Owners License.
|
| 12 | | (a) A qualified person may
apply to the Board for an owners |
| 13 | | license to
conduct a riverboat gambling operation as provided |
| 14 | | in Section 7 of this Act. The
application shall be made on |
| 15 | | forms provided by the Board and shall contain
such information |
| 16 | | as the Board prescribes, including but not limited to the
|
| 17 | | identity of the riverboat on which such gambling operation is |
| 18 | | to be
conducted, if applicable, and the exact location where |
| 19 | | such riverboat or casino will be located docked, a
|
| 20 | | certification that the riverboat or casino will be registered |
| 21 | | under this Act at all
times during which gambling operations |
| 22 | | are conducted within on board, detailed
information regarding |
| 23 | | the ownership and management of the applicant, and
detailed |
| 24 | | personal information regarding the applicant. Any application |
| 25 | | for an
owners license to be re-issued on or after June 1, 2003 |
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| 1 | | shall also
include the applicant's license bid in a form |
| 2 | | prescribed by the Board.
Information
provided on the |
| 3 | | application shall be used as a basis for a thorough
background |
| 4 | | investigation which the Board shall conduct with respect to |
| 5 | | each
applicant. An incomplete application shall be cause for |
| 6 | | denial of a license
by the Board.
|
| 7 | | (b) Applicants shall submit with their application all |
| 8 | | documents,
resolutions, and letters of support from the |
| 9 | | governing body that represents
the municipality or county |
| 10 | | wherein the licensee will be located dock.
|
| 11 | | (c) Each applicant shall disclose the identity of every |
| 12 | | person,
association, trust or corporation having a greater than |
| 13 | | 1% direct or
indirect pecuniary interest in the riverboat |
| 14 | | gambling operation with
respect to which the license is sought. |
| 15 | | If the disclosed entity is a
trust, the application shall |
| 16 | | disclose the names and addresses of the
beneficiaries; if a |
| 17 | | corporation, the names and
addresses of all stockholders and |
| 18 | | directors; if a partnership, the names
and addresses of all |
| 19 | | partners, both general and limited.
|
| 20 | | (d) An application shall be filed and considered in |
| 21 | | accordance with the rules of the Board. An
application fee of |
| 22 | | $50,000 shall be paid at the time of filing
to defray the costs |
| 23 | | associated with the
background investigation conducted by the |
| 24 | | Board. If the costs of the
investigation exceed $50,000, the |
| 25 | | applicant shall pay the additional amount
to the Board. If the |
| 26 | | costs of the investigation are less than $50,000, the
applicant |
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| 1 | | shall receive a refund of the remaining amount. All
|
| 2 | | information, records, interviews, reports, statements, |
| 3 | | memoranda or other
data supplied to or used by the Board in the |
| 4 | | course of its review or
investigation of an application for a |
| 5 | | license or a renewal under this Act shall be
privileged, |
| 6 | | strictly confidential and shall be used only for the purpose of
|
| 7 | | evaluating an applicant for a license or a renewal. Such |
| 8 | | information, records, interviews, reports,
statements, |
| 9 | | memoranda or other data shall not be admissible as evidence,
|
| 10 | | nor discoverable in any action of any kind in any court or |
| 11 | | before any
tribunal, board, agency or person, except for any |
| 12 | | action deemed necessary
by the Board.
|
| 13 | | (e) The Board shall charge each applicant a fee set by the |
| 14 | | Department of
State Police to defray the costs associated with |
| 15 | | the search and
classification of fingerprints obtained by the |
| 16 | | Board with respect to the
applicant's application. These fees |
| 17 | | shall be paid into the State Police
Services Fund.
|
| 18 | | (f) The licensed owner shall be the person primarily |
| 19 | | responsible for the
boat or casino itself. Only one riverboat |
| 20 | | gambling operation may be authorized
by the Board on any |
| 21 | | riverboat or in any casino. The applicant must identify each |
| 22 | | riverboat or premises
it intends to use and certify that the |
| 23 | | riverboat or premises: (1) has the authorized
capacity required |
| 24 | | in this Act; (2) is accessible to persons with disabilities; |
| 25 | | and
(3) is fully registered and licensed in accordance
with any |
| 26 | | applicable laws.
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| 1 | | (g) A person who knowingly makes a false statement on an |
| 2 | | application is
guilty of a Class A misdemeanor.
|
| 3 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
| 4 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
|
| 5 | | Sec. 7. Owners Licenses.
|
| 6 | | (a) The Board shall issue owners licenses to persons, firms |
| 7 | | or
corporations which apply for such licenses upon payment to |
| 8 | | the Board of the
non-refundable license fee set by the Board, |
| 9 | | upon payment of a $25,000
license fee for the first year of |
| 10 | | operation and a $5,000 license fee for
each succeeding year and |
| 11 | | upon a determination by the Board that the
applicant is |
| 12 | | eligible for an owners license pursuant to this Act and the
|
| 13 | | rules of the Board. From the effective date of this amendatory |
| 14 | | Act of the 95th General Assembly until (i) 3 years after the |
| 15 | | effective date of this amendatory Act of the 95th General |
| 16 | | Assembly, (ii) the date any organization licensee begins to |
| 17 | | operate a slot machine or video game of chance under the |
| 18 | | Illinois Horse Racing Act of 1975 or this Act, (iii) the date |
| 19 | | that payments begin under subsection (c-5) of Section 13 of the |
| 20 | | Act, or (iv) the wagering tax imposed under Section 13 of this |
| 21 | | Act is increased by law to reflect a tax rate that is at least |
| 22 | | as stringent or more stringent than the tax rate contained in |
| 23 | | subsection (a-3) of Section 13, whichever occurs first, as a |
| 24 | | condition of licensure and as an alternative source of payment |
| 25 | | for those funds payable under subsection (c-5) of Section 13 of |
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| 1 | | this the Riverboat Gambling Act, any owners licensee that holds |
| 2 | | or receives its owners license on or after the effective date |
| 3 | | of this amendatory Act of the 94th General Assembly, other than |
| 4 | | an owners licensee operating a gambling operation riverboat |
| 5 | | with adjusted gross receipts in calendar year 2004 of less than |
| 6 | | $200,000,000, must pay into the Horse Racing Equity Trust Fund, |
| 7 | | in addition to any other payments required under this Act, an |
| 8 | | amount equal to 3% of the adjusted gross receipts received by |
| 9 | | the owners licensee. The payments required under this Section |
| 10 | | shall be made by the owners licensee to the State Treasurer no |
| 11 | | later than 3:00 o'clock p.m. of the day after the day when the |
| 12 | | adjusted gross receipts were received by the owners licensee. A |
| 13 | | person, firm or corporation is ineligible to receive
an owners |
| 14 | | license if:
|
| 15 | | (1) the person has been convicted of a felony under the |
| 16 | | laws of this
State, any other state, or the United States;
|
| 17 | | (2) the person has been convicted of any violation of |
| 18 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
| 19 | | Code of 2012, or substantially similar laws of any other |
| 20 | | jurisdiction;
|
| 21 | | (3) the person has submitted an application for a |
| 22 | | license under this
Act which contains false information;
|
| 23 | | (4) the person is
a member of the Board;
|
| 24 | | (5) a person defined in (1), (2), (3), or (4) is an |
| 25 | | officer, director or
managerial employee of the firm or |
| 26 | | corporation;
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| 1 | | (6) the firm or corporation employs a person defined in |
| 2 | | (1), (2), (3), or
(4) who participates in the management or |
| 3 | | operation of gambling operations
authorized under this |
| 4 | | Act;
|
| 5 | | (7) (blank); or
|
| 6 | | (8) a license of the person, firm or corporation issued |
| 7 | | under
this Act, or a license to own or operate gambling |
| 8 | | facilities
in any other jurisdiction, has been revoked.
|
| 9 | | The Board is expressly prohibited from making changes to |
| 10 | | the requirement that licensees make payment into the Horse |
| 11 | | Racing Equity Trust Fund without the express authority of the |
| 12 | | Illinois General Assembly and making any other rule to |
| 13 | | implement or interpret this amendatory Act of the 95th General |
| 14 | | Assembly. For the purposes of this paragraph, "rules" is given |
| 15 | | the meaning given to that term in Section 1-70 of the Illinois |
| 16 | | Administrative Procedure Act. |
| 17 | | (b) In determining whether to grant an owners license to an |
| 18 | | applicant, the
Board shall consider:
|
| 19 | | (1) the character, reputation, experience and |
| 20 | | financial integrity of the
applicants and of any other or |
| 21 | | separate person that either:
|
| 22 | | (A) controls, directly or indirectly, such |
| 23 | | applicant, or
|
| 24 | | (B) is controlled, directly or indirectly, by such |
| 25 | | applicant or by a
person which controls, directly or |
| 26 | | indirectly, such applicant;
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| 1 | | (2) the facilities or proposed facilities for the |
| 2 | | conduct of riverboat
gambling;
|
| 3 | | (3) the highest prospective total revenue to be derived |
| 4 | | by the State
from the conduct of riverboat gambling;
|
| 5 | | (4) the extent to which the ownership of the applicant |
| 6 | | reflects the
diversity of the State by including minority |
| 7 | | persons, females, and persons with a disability
and the |
| 8 | | good faith affirmative action plan of
each applicant to |
| 9 | | recruit, train and upgrade minority persons, females, and |
| 10 | | persons with a disability in all employment |
| 11 | | classifications;
|
| 12 | | (5) the financial ability of the applicant to purchase |
| 13 | | and maintain
adequate liability and casualty insurance;
|
| 14 | | (6) whether the applicant has adequate capitalization |
| 15 | | to provide and
maintain, for the duration of a license, a |
| 16 | | riverboat or casino;
|
| 17 | | (7) the extent to which the applicant exceeds or meets |
| 18 | | other standards
for the issuance of an owners license which |
| 19 | | the Board may adopt by rule;
and
|
| 20 | | (8) the The amount of the applicant's license bid.
|
| 21 | | (c) Each owners license shall specify the place where the |
| 22 | | casino riverboats shall
operate or the riverboat shall operate |
| 23 | | and dock.
|
| 24 | | (d) Each applicant shall submit with his application, on |
| 25 | | forms
provided by the Board, 2 sets of his fingerprints.
|
| 26 | | (e) The Board may issue up to 10 licenses authorizing the |
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| 1 | | holders of such
licenses to own riverboats. In the application |
| 2 | | for an owners license, the
applicant shall state the dock at |
| 3 | | which the riverboat is based and the water
on which the |
| 4 | | riverboat will be located. The Board shall issue 5 licenses to
|
| 5 | | become effective not earlier than January 1, 1991. Three of |
| 6 | | such licenses
shall authorize riverboat gambling on the |
| 7 | | Mississippi River, or, with approval
by the municipality in |
| 8 | | which the
riverboat was docked on August 7, 2003 and with Board |
| 9 | | approval, be authorized to relocate to a new location,
in a
|
| 10 | | municipality that (1) borders on the Mississippi River or is |
| 11 | | within 5
miles of the city limits of a municipality that |
| 12 | | borders on the Mississippi
River and (2), on August 7, 2003, |
| 13 | | had a riverboat conducting riverboat gambling operations |
| 14 | | pursuant to
a license issued under this Act; one of which shall |
| 15 | | authorize riverboat
gambling from a home dock in the city of |
| 16 | | East St. Louis. One other license
shall
authorize riverboat |
| 17 | | gambling on
the Illinois River south of Marshall County. The |
| 18 | | Board shall issue one
additional license to become effective |
| 19 | | not earlier than March 1, 1992, which
shall authorize riverboat |
| 20 | | gambling on the Des Plaines River in Will County.
The Board may |
| 21 | | issue 4 additional licenses to become effective not
earlier |
| 22 | | than
March 1, 1992. In determining the water upon which |
| 23 | | riverboats will operate,
the Board shall consider the economic |
| 24 | | benefit which riverboat gambling confers
on the State, and |
| 25 | | shall seek to assure that all regions of the State share
in the |
| 26 | | economic benefits of riverboat gambling.
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| 1 | | In granting all licenses, the Board may give favorable |
| 2 | | consideration to
economically depressed areas of the State, to |
| 3 | | applicants presenting plans
which provide for significant |
| 4 | | economic development over a large geographic
area, and to |
| 5 | | applicants who currently operate non-gambling riverboats in
|
| 6 | | Illinois.
The Board shall review all applications for owners |
| 7 | | licenses,
and shall inform each applicant of the Board's |
| 8 | | decision.
The Board may grant an owners license to an
applicant |
| 9 | | that has not submitted the highest license bid, but if it does |
| 10 | | not
select the highest bidder, the Board shall issue a written |
| 11 | | decision explaining
why another
applicant was selected and |
| 12 | | identifying the factors set forth in this Section
that favored |
| 13 | | the winning bidder.
|
| 14 | | In addition to any other revocation powers granted to the |
| 15 | | Board under this
Act,
the Board may revoke the owners license |
| 16 | | of a licensee which fails
to begin conducting gambling within |
| 17 | | 15 months
of receipt of the
Board's approval of the application |
| 18 | | if the Board determines that license
revocation is in the best |
| 19 | | interests of the State.
|
| 20 | | (f) The first 10 owners licenses issued under this Act |
| 21 | | shall permit the
holder to own up to 2 riverboats and equipment |
| 22 | | thereon
for a period of 3 years after the effective date of the |
| 23 | | license. Holders of
the first 10 owners licenses must pay the |
| 24 | | annual license fee for each of
the 3
years during which they |
| 25 | | are authorized to own riverboats.
|
| 26 | | (g) Upon the termination, expiration, or revocation of each |
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| 1 | | of the first
10 licenses, which shall be issued for a 3 year |
| 2 | | period, all licenses are
renewable annually upon payment of the |
| 3 | | fee and a determination by the Board
that the licensee |
| 4 | | continues to meet all of the requirements of this Act and the
|
| 5 | | Board's rules.
However, for licenses renewed on or after May 1, |
| 6 | | 1998, renewal shall be
for a period of 4 years, unless the |
| 7 | | Board sets a shorter period.
|
| 8 | | (h) An owners license shall entitle the licensee to own up |
| 9 | | to 2
riverboats. |
| 10 | | A licensee shall limit the number of gambling participants |
| 11 | | to
1,200 for any such owners license.
|
| 12 | | A licensee may operate both of its riverboats concurrently, |
| 13 | | provided that the
total number of gambling participants on both |
| 14 | | riverboats does not exceed
1,200. Riverboats licensed to |
| 15 | | operate on the
Mississippi River and the Illinois River south |
| 16 | | of Marshall County shall
have an authorized capacity of at |
| 17 | | least 500 persons. Any other riverboat
licensed under this Act |
| 18 | | shall have an authorized capacity of at least 400
persons.
|
| 19 | | (i) A licensed owner is authorized to apply to the Board |
| 20 | | for and, if
approved therefor, to receive all licenses from the |
| 21 | | Board necessary for the
operation of a riverboat, including a |
| 22 | | liquor license, a license
to prepare and serve food for human |
| 23 | | consumption, and other necessary
licenses. All use, occupation |
| 24 | | and excise taxes which apply to the sale of
food and beverages |
| 25 | | in this State and all taxes imposed on the sale or use
of |
| 26 | | tangible personal property apply to such sales aboard the |
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| 1 | | riverboat.
|
| 2 | | (j) The Board may issue or re-issue a license authorizing a |
| 3 | | riverboat to
dock
in a municipality or approve a relocation |
| 4 | | under Section 11.2 only if, prior
to the issuance or |
| 5 | | re-issuance of
the license or approval, the governing body of |
| 6 | | the municipality in which
the riverboat will dock has by a |
| 7 | | majority vote approved the docking of
riverboats in the |
| 8 | | municipality. The Board may issue or re-issue a license
|
| 9 | | authorizing a
riverboat to dock in areas of a county outside |
| 10 | | any municipality or approve a
relocation under Section 11.2 |
| 11 | | only if, prior to the issuance or re-issuance
of the license
or |
| 12 | | approval, the
governing body of the county has by a majority |
| 13 | | vote approved of the docking of
riverboats within such areas.
|
| 14 | | (k) An owners licensee may conduct land-based gambling |
| 15 | | operations upon approval by the Board. |
| 16 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
|
| 17 | | (230 ILCS 10/7.3)
|
| 18 | | Sec. 7.3. State conduct of gambling operations.
|
| 19 | | (a) If, after reviewing each application for a re-issued |
| 20 | | license, the
Board determines that the highest prospective |
| 21 | | total revenue to the State would
be derived from State conduct |
| 22 | | of the gambling operation in lieu of re-issuing
the license, |
| 23 | | the Board shall inform each applicant of its decision. The |
| 24 | | Board
shall thereafter have the authority, without obtaining an |
| 25 | | owners license, to
conduct casino or riverboat gambling |
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| 1 | | operations as
previously authorized by the terminated, |
| 2 | | expired, revoked, or nonrenewed
license through a licensed |
| 3 | | manager selected pursuant to an open and competitive
bidding
|
| 4 | | process as set forth in Section 7.5 and as provided in Section |
| 5 | | 7.4.
|
| 6 | | (b) The Board may locate any casino or riverboat on which a |
| 7 | | gambling operation is
conducted by the State in any home dock |
| 8 | | or other location authorized by Section 3(c)
upon receipt of |
| 9 | | approval from a majority vote of the governing body of the
|
| 10 | | municipality or county, as the case may be, in which the |
| 11 | | riverboat will dock.
|
| 12 | | (c) The Board shall have jurisdiction over and shall |
| 13 | | supervise all
gambling operations conducted by the State |
| 14 | | provided for in this Act and shall
have all powers necessary |
| 15 | | and proper to fully and effectively execute the
provisions of |
| 16 | | this Act relating to gambling operations conducted by the |
| 17 | | State.
|
| 18 | | (d) The maximum number of owners licenses authorized under |
| 19 | | Section
7(e)
shall be reduced by one for each instance in which |
| 20 | | the Board authorizes the
State to conduct a casino or riverboat |
| 21 | | gambling operation under subsection (a) in lieu of
re-issuing a |
| 22 | | license to an applicant under Section 7.1.
|
| 23 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
| 24 | | (230 ILCS 10/7.4)
|
| 25 | | Sec. 7.4. Managers licenses.
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| 1 | | (a) A qualified person may apply to the Board for a |
| 2 | | managers license to
operate
and manage any gambling operation |
| 3 | | conducted by the State. The application shall
be
made on forms |
| 4 | | provided by the Board and shall contain such information as the
|
| 5 | | Board
prescribes, including but not limited to information |
| 6 | | required in Sections 6(a),
(b), and
(c) and information |
| 7 | | relating to the applicant's proposed price to manage State
|
| 8 | | gambling
operations and to provide the riverboat, gambling |
| 9 | | equipment, and supplies
necessary to
conduct State gambling |
| 10 | | operations.
|
| 11 | | (b) Each applicant must submit evidence to the Board that |
| 12 | | minority persons
and
females hold ownership interests in the |
| 13 | | applicant of at least 16% and 4%,
respectively.
|
| 14 | | (c) A person, firm, or corporation is ineligible to receive |
| 15 | | a managers
license if:
|
| 16 | | (1) the person has been convicted of a felony under the |
| 17 | | laws of this
State, any other state, or the United States;
|
| 18 | | (2) the person has been convicted of any violation of |
| 19 | | Article 28 of
the Criminal Code of 1961 or the Criminal |
| 20 | | Code of 2012, or substantially similar laws of any other
|
| 21 | | jurisdiction;
|
| 22 | | (3) the person has submitted an application for a |
| 23 | | license under this
Act which contains false information;
|
| 24 | | (4) the person is a member of the Board;
|
| 25 | | (5) a person defined in paragraph (1), (2), (3), or (4) |
| 26 | | is an officer, director, or
managerial employee of the firm |
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| 1 | | or corporation;
|
| 2 | | (6) the firm or corporation employs a person defined in |
| 3 | | paragraph (1), (2), (3),
or (4) who participates in the |
| 4 | | management or operation of gambling
operations authorized |
| 5 | | under this Act; or
|
| 6 | | (7) a license of the person, firm, or corporation |
| 7 | | issued under this Act,
or
a license to own or operate |
| 8 | | gambling facilities in any other jurisdiction, has
been |
| 9 | | revoked.
|
| 10 | | (d) Each applicant shall submit with his or her |
| 11 | | application, on forms
prescribed by
the Board, 2 sets of his or |
| 12 | | her fingerprints.
|
| 13 | | (e) The Board shall charge each applicant a fee, set by the |
| 14 | | Board, to defray
the costs associated with the background |
| 15 | | investigation conducted by the
Board.
|
| 16 | | (f) A person who knowingly makes a false statement on an |
| 17 | | application is
guilty of a Class A misdemeanor.
|
| 18 | | (g) The managers license shall be for a term not to exceed |
| 19 | | 10 years, shall
be
renewable at the Board's option, and shall |
| 20 | | contain such terms and
provisions as the Board deems necessary |
| 21 | | to protect or enhance the
credibility and integrity of State |
| 22 | | gambling operations, achieve the highest
prospective total |
| 23 | | revenue to the State, and otherwise serve the interests of
the |
| 24 | | citizens of Illinois.
|
| 25 | | (h) Issuance of a managers license shall be subject to an |
| 26 | | open and
competitive bidding
process. The Board may select an |
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| 1 | | applicant other than the lowest bidder by
price. If it does not |
| 2 | | select the lowest bidder, the Board shall issue a notice
of who
|
| 3 | | the lowest bidder was and a written decision as to why another |
| 4 | | bidder was
selected.
|
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
| 6 | | (230 ILCS 10/8) (from Ch. 120, par. 2408)
|
| 7 | | Sec. 8. Suppliers licenses.
|
| 8 | | (a) The Board may issue a suppliers license to such |
| 9 | | persons, firms or
corporations which apply therefor upon the |
| 10 | | payment of a non-refundable
application fee set by the Board, |
| 11 | | upon a determination by the Board that
the applicant is |
| 12 | | eligible for a suppliers license and upon payment of a
$5,000 |
| 13 | | annual license
fee.
|
| 14 | | (b) The holder of a suppliers license is authorized to sell |
| 15 | | or lease,
and to contract to sell or lease, gambling equipment |
| 16 | | and supplies to any
licensee involved in the ownership or |
| 17 | | management of gambling operations.
|
| 18 | | (c) Gambling supplies and equipment may not be distributed
|
| 19 | | unless supplies and equipment conform to standards adopted by
|
| 20 | | rules of the Board.
|
| 21 | | (d) A person, firm or corporation is ineligible to receive |
| 22 | | a suppliers
license if:
|
| 23 | | (1) the person has been convicted of a felony under the |
| 24 | | laws of this
State, any other state, or the United States;
|
| 25 | | (2) the person has been convicted of any violation of |
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| 1 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
| 2 | | Code of 2012, or substantially similar laws of any other |
| 3 | | jurisdiction;
|
| 4 | | (3) the person has submitted an application for a |
| 5 | | license under this
Act which contains false information;
|
| 6 | | (4) the person is a member of the Board;
|
| 7 | | (5) the firm or corporation is one in which a person |
| 8 | | defined in paragraph (1),
(2), (3), or (4), is an officer, |
| 9 | | director, or managerial employee;
|
| 10 | | (6) the firm or corporation employs a person who |
| 11 | | participates in the
management or operation of riverboat |
| 12 | | gambling authorized under this Act;
|
| 13 | | (7) the license of the person, firm, or corporation |
| 14 | | issued under
this Act, or a license to own or operate |
| 15 | | gambling facilities
in any other jurisdiction, has been |
| 16 | | revoked.
|
| 17 | | (e) Any person that supplies any equipment, devices, or |
| 18 | | supplies to a
licensed riverboat gambling operation or casino |
| 19 | | gambling operation must first obtain a suppliers
license. A |
| 20 | | supplier shall furnish to the Board a list of all equipment,
|
| 21 | | devices and supplies offered for sale or lease in connection |
| 22 | | with gambling
games authorized under this Act. A supplier shall |
| 23 | | keep books and records
for the furnishing of equipment, devices |
| 24 | | and supplies to gambling
operations separate and distinct from |
| 25 | | any other business that the supplier
might operate. A supplier |
| 26 | | shall file a quarterly return with the Board
listing all sales |
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| 1 | | and leases. A supplier shall permanently affix its name or a |
| 2 | | distinctive logo or other mark or design element identifying |
| 3 | | the manufacturer or supplier
to all its equipment, devices, and |
| 4 | | supplies, except gaming chips without a value impressed, |
| 5 | | engraved, or imprinted on it, for gambling operations.
The |
| 6 | | Board may waive this requirement for any specific product or |
| 7 | | products if it determines that the requirement is not necessary |
| 8 | | to protect the integrity of the game. Items purchased from a |
| 9 | | licensed supplier may continue to be used even though the |
| 10 | | supplier subsequently changes its name, distinctive logo, or |
| 11 | | other mark or design element; undergoes a change in ownership; |
| 12 | | or ceases to be licensed as a supplier for any reason. Any |
| 13 | | supplier's equipment, devices or supplies which are used by any |
| 14 | | person
in an unauthorized gambling operation shall be forfeited |
| 15 | | to the State. A
licensed owner may own its own equipment, |
| 16 | | devices, and supplies. Each
holder of an owners license under |
| 17 | | this the Act shall file an annual report
listing its |
| 18 | | inventories of gambling equipment, devices and supplies.
|
| 19 | | (f) Any person who knowingly makes a false statement on an |
| 20 | | application
is guilty of a Class A misdemeanor.
|
| 21 | | (g) Any gambling equipment, devices, and supplies provided |
| 22 | | by any
licensed supplier may either be repaired on the |
| 23 | | riverboat or in the casino or removed from
the riverboat or |
| 24 | | casino to a an on-shore facility owned by the holder of an |
| 25 | | owners
license for repair.
|
| 26 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; |
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| 1 | | 98-756, eff. 7-16-14.)
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| 2 | | (230 ILCS 10/9) (from Ch. 120, par. 2409)
|
| 3 | | Sec. 9. Occupational licenses.
|
| 4 | | (a) The Board may issue an occupational license to an |
| 5 | | applicant upon the
payment of a non-refundable fee set by the |
| 6 | | Board, upon a determination by
the Board that the applicant is |
| 7 | | eligible for an occupational license and
upon payment of an |
| 8 | | annual license fee in an amount to be established. To
be |
| 9 | | eligible for an occupational license, an applicant must:
|
| 10 | | (1) be at least 21 years of age if the applicant will |
| 11 | | perform any
function involved in gaming by patrons. Any |
| 12 | | applicant seeking an
occupational license for a non-gaming |
| 13 | | function shall be at least 18 years
of age;
|
| 14 | | (2) not have been convicted of a felony offense, a |
| 15 | | violation of Article
28 of the Criminal Code of 1961 or the |
| 16 | | Criminal Code of 2012, or a similar statute of any other
|
| 17 | | jurisdiction;
|
| 18 | | (2.5) not have been convicted of a crime, other than a |
| 19 | | crime described in item (2) of this subsection (a), |
| 20 | | involving dishonesty or moral turpitude, except that the |
| 21 | | Board may, in its discretion, issue an occupational license |
| 22 | | to a person who has been convicted of a crime described in |
| 23 | | this item (2.5) more than 10 years prior to his or her |
| 24 | | application and has not subsequently been convicted of any |
| 25 | | other crime;
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| 1 | | (3) have demonstrated a level of skill or knowledge |
| 2 | | which the Board
determines to be necessary in order to |
| 3 | | operate gambling aboard a riverboat or in a casino; and
|
| 4 | | (4) have met standards for the holding of an |
| 5 | | occupational license as
adopted by rules of the Board. Such |
| 6 | | rules shall provide that any person or
entity seeking an |
| 7 | | occupational license to manage gambling operations
under |
| 8 | | this Act hereunder shall be subject to background inquiries |
| 9 | | and further requirements
similar to those required of |
| 10 | | applicants for an owners license.
Furthermore, such rules |
| 11 | | shall provide that each such entity shall be
permitted to |
| 12 | | manage gambling operations for only one licensed owner.
|
| 13 | | (b) Each application for an occupational license shall be |
| 14 | | on forms
prescribed by the Board and shall contain all |
| 15 | | information required by the
Board. The applicant shall set |
| 16 | | forth in the application: whether he has been
issued prior |
| 17 | | gambling related licenses; whether he has been licensed in any
|
| 18 | | other state under any other name, and, if so, such name and his |
| 19 | | age; and
whether or not a permit or license issued to him in |
| 20 | | any other state has
been suspended, restricted or revoked, and, |
| 21 | | if so, for what period of time.
|
| 22 | | (c) Each applicant shall submit with his application, on |
| 23 | | forms provided
by the Board, 2 sets of his fingerprints. The |
| 24 | | Board shall charge each
applicant a fee set by the Department |
| 25 | | of State Police to defray the costs
associated with the search |
| 26 | | and classification of fingerprints obtained by
the Board with |
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| 1 | | respect to the applicant's application. These fees shall be
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| 2 | | paid into the State Police Services Fund.
|
| 3 | | (d) The Board may in its discretion refuse an occupational |
| 4 | | license to
any person: (1) who is unqualified to perform the |
| 5 | | duties required of such
applicant; (2) who fails to disclose or |
| 6 | | states falsely any information
called for in the application; |
| 7 | | (3) who has been found guilty of a
violation of this Act or |
| 8 | | whose prior gambling related license or
application therefor |
| 9 | | has been suspended, restricted, revoked or denied for
just |
| 10 | | cause in any other state; or (4) for any other just cause.
|
| 11 | | (e) The Board may suspend, revoke or restrict any |
| 12 | | occupational licensee:
(1) for violation of any provision of |
| 13 | | this Act; (2) for violation of any
of the rules and regulations |
| 14 | | of the Board; (3) for any cause which, if
known to the Board, |
| 15 | | would have disqualified the applicant from receiving
such |
| 16 | | license; or (4) for default in the payment of any obligation or |
| 17 | | debt
due to the State of Illinois; or (5) for any other just |
| 18 | | cause.
|
| 19 | | (f) A person who knowingly makes a false statement on an |
| 20 | | application is
guilty of a Class A misdemeanor.
|
| 21 | | (g) Any license issued pursuant to this Section shall be |
| 22 | | valid for a
period of one year from the date of issuance.
|
| 23 | | (h) Nothing in this Act shall be interpreted to prohibit a |
| 24 | | licensed
owner from entering into an agreement with a public |
| 25 | | community college or a school approved under the
Private |
| 26 | | Business and Vocational Schools Act of 2012 for the training of |
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| 1 | | any
occupational licensee. Any training offered by such a |
| 2 | | school shall be in
accordance with a written agreement between |
| 3 | | the licensed owner and the school.
|
| 4 | | (i) Any training provided for occupational licensees may be |
| 5 | | conducted
either at the site of the gambling facility on the |
| 6 | | riverboat or at a school with which a licensed owner has
|
| 7 | | entered into an agreement pursuant to subsection (h).
|
| 8 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12; |
| 9 | | 97-1150, eff. 1-25-13.)
|
| 10 | | (230 ILCS 10/11) (from Ch. 120, par. 2411)
|
| 11 | | Sec. 11. Conduct of gambling. Gambling may be conducted by |
| 12 | | licensed owners or licensed managers on behalf
of the State |
| 13 | | aboard riverboats or in a casino. Gambling authorized under |
| 14 | | this Section is ,
subject to the following standards:
|
| 15 | | (1) A licensee may conduct riverboat gambling |
| 16 | | authorized under this Act
regardless of whether it conducts |
| 17 | | excursion cruises. A licensee may permit
the continuous |
| 18 | | ingress and egress of patrons passengers on a riverboat not |
| 19 | | used for excursion cruises for the purpose of gambling. |
| 20 | | Excursion cruises shall not exceed 4 hours for a round |
| 21 | | trip. However, the Board may grant express approval for an |
| 22 | | extended cruise on a case-by-case basis.
|
| 23 | | (2) (Blank).
|
| 24 | | (3) Minimum and maximum wagers on games shall be set by |
| 25 | | the licensee.
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| 1 | | (4) Agents of the Board and the Department of State |
| 2 | | Police may board
and inspect any riverboat or enter and |
| 3 | | inspect any portion of a casino at any time for the purpose |
| 4 | | of determining
whether this Act is being complied with. |
| 5 | | Every riverboat, if under way and
being hailed by a law |
| 6 | | enforcement officer or agent of the Board, must stop
|
| 7 | | immediately and lay to.
|
| 8 | | (5) Employees of the Board shall have the right to be |
| 9 | | present on the
riverboat or in the casino or on adjacent |
| 10 | | facilities under the control of the licensee.
|
| 11 | | (6) Gambling equipment and supplies customarily used |
| 12 | | in conducting
riverboat or casino gambling must be |
| 13 | | purchased or leased only from suppliers licensed
for such |
| 14 | | purpose under this Act. The Board may approve the transfer, |
| 15 | | sale, or lease of gambling equipment and supplies by a |
| 16 | | licensed owner from or to an affiliate of the licensed |
| 17 | | owner as long as the gambling equipment and supplies were |
| 18 | | initially acquired from a supplier licensed in Illinois.
|
| 19 | | (7) Persons licensed under this Act shall permit no |
| 20 | | form of wagering on
gambling games except as permitted by |
| 21 | | this Act.
|
| 22 | | (8) Wagers may be received only from a person present |
| 23 | | on a licensed
riverboat or in a casino. No person present |
| 24 | | on a licensed riverboat or in a casino shall place
or |
| 25 | | attempt to place a wager on behalf of another person who is |
| 26 | | not present
on the riverboat or in a casino.
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| 1 | | (9) Wagering shall not be conducted with money or other |
| 2 | | negotiable
currency.
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| 3 | | (10) A person under age 21 shall not be permitted on an |
| 4 | | area of a
riverboat or casino where gambling is being |
| 5 | | conducted, except for a person at least
18 years of age who |
| 6 | | is an employee of the riverboat or casino gambling |
| 7 | | operation. No
employee under age 21 shall perform any |
| 8 | | function involved in gambling by
the patrons. No person |
| 9 | | under age 21 shall be permitted to make a wager under
this |
| 10 | | Act, and any winnings that are a result of a wager by a |
| 11 | | person under age 21, whether or not paid by a licensee, |
| 12 | | shall be treated as winnings for the privilege tax |
| 13 | | purposes, confiscated, and forfeited to the State and |
| 14 | | deposited into the Education Assistance Fund.
|
| 15 | | (11) Gambling excursion cruises are permitted only |
| 16 | | when the waterway for
which the riverboat is licensed is |
| 17 | | navigable, as determined by
the Board in consultation with |
| 18 | | the U.S. Army Corps of Engineers.
This paragraph (11) does |
| 19 | | not limit the ability of a licensee to conduct
gambling |
| 20 | | authorized under this Act when gambling excursion cruises |
| 21 | | are not
permitted.
|
| 22 | | (12) All tokens, chips, or electronic cards used to |
| 23 | | make wagers must be
purchased (i) from a licensed owner or |
| 24 | | manager, in the case of a riverboat, either aboard a |
| 25 | | riverboat or at
an onshore
facility which has been approved |
| 26 | | by the Board and which is located where
the riverboat docks |
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| 1 | | or (ii) in the case of a casino, from a licensed owner or |
| 2 | | manager at the casino. The tokens, chips or electronic |
| 3 | | cards may be
purchased by means of an agreement under which |
| 4 | | the owner or manager extends
credit to
the patron. Such |
| 5 | | tokens, chips or electronic cards may be used
while aboard |
| 6 | | the riverboat or in the casino only for the purpose of |
| 7 | | making wagers on
gambling games.
|
| 8 | | (13) Notwithstanding any other Section of this Act, in |
| 9 | | addition to the
other licenses authorized under this Act, |
| 10 | | the Board may issue special event
licenses allowing persons |
| 11 | | who are not otherwise licensed to conduct
riverboat |
| 12 | | gambling to conduct such gambling on a specified date or |
| 13 | | series
of dates. Riverboat gambling under such a license |
| 14 | | may take place on a
riverboat not normally used for |
| 15 | | riverboat gambling. The Board shall
establish standards, |
| 16 | | fees and fines for, and limitations upon, such
licenses, |
| 17 | | which may differ from the standards, fees, fines and |
| 18 | | limitations
otherwise applicable under this Act. All such |
| 19 | | fees shall be deposited into
the State Gaming Fund. All |
| 20 | | such fines shall be deposited into the
Education Assistance |
| 21 | | Fund, created by Public Act 86-0018, of the State
of |
| 22 | | Illinois.
|
| 23 | | (14) In addition to the above, gambling must be |
| 24 | | conducted in accordance
with all rules adopted by the |
| 25 | | Board.
|
| 26 | | (Source: P.A. 96-1392, eff. 1-1-11.)
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| 1 | | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
|
| 2 | | Sec. 11.1. Collection of amounts owing under credit |
| 3 | | agreements. Notwithstanding any applicable statutory provision |
| 4 | | to the contrary, a
licensed owner or manager who extends credit |
| 5 | | to a riverboat gambling patron pursuant
to Section 11 (a) (12) |
| 6 | | of this Act is expressly authorized to institute a
cause of |
| 7 | | action to collect any amounts due and owing under the extension |
| 8 | | of
credit, as well as the licensed owner's or manager's costs, |
| 9 | | expenses and reasonable
attorney's
fees incurred in |
| 10 | | collection.
|
| 11 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
| 12 | | (230 ILCS 10/12) (from Ch. 120, par. 2412)
|
| 13 | | Sec. 12. Admission tax; fees.
|
| 14 | | (a) A tax is hereby imposed upon admissions to riverboat |
| 15 | | and casino gambling facilities riverboats operated by
licensed |
| 16 | | owners authorized pursuant to this Act. Until July 1, 2002, the
|
| 17 | | rate is $2 per person admitted. From July 1, 2002 until
July 1, |
| 18 | | 2003, the rate is $3 per person admitted.
From July 1, 2003 |
| 19 | | until August 23, 2005 (the effective date of Public Act |
| 20 | | 94-673), for a licensee that admitted 1,000,000 persons or
|
| 21 | | fewer in the previous calendar year, the rate is $3 per person |
| 22 | | admitted; for a
licensee that admitted more than 1,000,000 but |
| 23 | | no more than 2,300,000 persons
in the previous calendar year, |
| 24 | | the rate is $4 per person admitted; and for
a licensee that |
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| 1 | | admitted more than 2,300,000 persons in the previous calendar
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| 2 | | year, the rate is $5 per person admitted.
Beginning on August |
| 3 | | 23, 2005 (the effective date of Public Act 94-673), for a |
| 4 | | licensee that admitted 1,000,000 persons or
fewer in calendar |
| 5 | | year 2004, the rate is $2 per person admitted, and for all |
| 6 | | other
licensees, including licensees that were not conducting |
| 7 | | gambling operations in 2004, the rate is $3 per person |
| 8 | | admitted.
This admission tax is imposed upon the
licensed owner |
| 9 | | conducting gambling.
|
| 10 | | (1) The admission tax shall be paid for each admission, |
| 11 | | except that a person who exits a riverboat gambling |
| 12 | | facility and reenters that riverboat gambling facility |
| 13 | | within the same gaming day shall be subject only to the |
| 14 | | initial admission tax.
|
| 15 | | (2) (Blank).
|
| 16 | | (3) The riverboat licensee may issue tax-free passes to
|
| 17 | | actual and necessary officials and employees of the |
| 18 | | licensee or other
persons actually working on the riverboat |
| 19 | | or casino.
|
| 20 | | (4) The number and issuance of tax-free passes is |
| 21 | | subject to the rules
of the Board, and a list of all |
| 22 | | persons to whom the tax-free passes are
issued shall be |
| 23 | | filed with the Board.
|
| 24 | | (a-5) A fee is hereby imposed upon admissions to gambling |
| 25 | | operations operated by licensed
managers on behalf of the State |
| 26 | | pursuant to Section 7.3 at the rates provided
in
this |
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| 1 | | subsection (a-5). For a licensee that
admitted 1,000,000 |
| 2 | | persons or fewer in the previous calendar year, the rate is
$3 |
| 3 | | per person admitted; for a licensee that admitted more than |
| 4 | | 1,000,000 but no
more than 2,300,000 persons
in the previous |
| 5 | | calendar year, the rate is $4 per person admitted; and for
a |
| 6 | | licensee that admitted more than 2,300,000 persons in the |
| 7 | | previous calendar
year, the rate is $5 per person admitted.
|
| 8 | | (1) The admission fee shall be paid for each admission.
|
| 9 | | (2) (Blank).
|
| 10 | | (3) The licensed manager may issue fee-free passes to |
| 11 | | actual and necessary
officials and employees of the manager |
| 12 | | or other persons actually working on the
riverboat.
|
| 13 | | (4) The number and issuance of fee-free passes is |
| 14 | | subject to the rules
of the Board, and a list of all |
| 15 | | persons to whom the fee-free passes are
issued shall be |
| 16 | | filed with the Board.
|
| 17 | | (b) From the tax imposed under subsection (a) and the fee |
| 18 | | imposed under
subsection (a-5), a municipality shall receive |
| 19 | | from the State $1 for each
person embarking on a riverboat |
| 20 | | docked within the municipality or entering a casino located |
| 21 | | within the municipality, and a county
shall receive $1 for each |
| 22 | | person entering a casino or embarking on a riverboat docked |
| 23 | | within the
county but outside the boundaries of any |
| 24 | | municipality. The municipality's or
county's share shall be |
| 25 | | collected by the Board on behalf of the State and
remitted |
| 26 | | quarterly by the State, subject to appropriation, to the |
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| 1 | | treasurer of
the unit of local government for deposit in the |
| 2 | | general fund.
|
| 3 | | (c) The licensed owner shall pay the entire admission tax |
| 4 | | to the Board and
the licensed manager shall pay the entire |
| 5 | | admission fee to the Board.
Such payments shall be made daily. |
| 6 | | Accompanying each payment shall be a
return on forms provided |
| 7 | | by the Board which shall include other
information regarding |
| 8 | | admissions as the Board may require. Failure to
submit either |
| 9 | | the payment or the return within the specified time may
result |
| 10 | | in suspension or revocation of the owners or managers license.
|
| 11 | | (d) The Board shall administer and collect the admission |
| 12 | | tax imposed by
this Section, to the extent practicable, in a |
| 13 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
| 14 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the |
| 15 | | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
| 16 | | Penalty and Interest Act.
|
| 17 | | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
|
| 18 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
| 19 | | Sec. 13. Wagering tax; rate; distribution.
|
| 20 | | (a) Until January 1, 1998, a tax is imposed on the adjusted |
| 21 | | gross
receipts received from gambling games authorized under |
| 22 | | this Act at the rate of
20%.
|
| 23 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege |
| 24 | | tax is
imposed on persons engaged in the business of conducting |
| 25 | | riverboat gambling
operations, based on the adjusted gross |
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| 1 | | receipts received by a licensed owner
from gambling games |
| 2 | | authorized under this Act at the following rates:
|
| 3 | | 15% of annual adjusted gross receipts up to and |
| 4 | | including $25,000,000;
|
| 5 | | 20% of annual adjusted gross receipts in excess of |
| 6 | | $25,000,000 but not
exceeding $50,000,000;
|
| 7 | | 25% of annual adjusted gross receipts in excess of |
| 8 | | $50,000,000 but not
exceeding $75,000,000;
|
| 9 | | 30% of annual adjusted gross receipts in excess of |
| 10 | | $75,000,000 but not
exceeding $100,000,000;
|
| 11 | | 35% of annual adjusted gross receipts in excess of |
| 12 | | $100,000,000.
|
| 13 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
| 14 | | is imposed on
persons engaged in the business of conducting |
| 15 | | riverboat gambling operations,
other than licensed managers |
| 16 | | conducting riverboat gambling operations on behalf
of the |
| 17 | | State, based on the adjusted gross receipts received by a |
| 18 | | licensed
owner from gambling games authorized under this Act at |
| 19 | | the following rates:
|
| 20 | | 15% of annual adjusted gross receipts up to and |
| 21 | | including $25,000,000;
|
| 22 | | 22.5% of annual adjusted gross receipts in excess of |
| 23 | | $25,000,000 but not
exceeding $50,000,000;
|
| 24 | | 27.5% of annual adjusted gross receipts in excess of |
| 25 | | $50,000,000 but not
exceeding $75,000,000;
|
| 26 | | 32.5% of annual adjusted gross receipts in excess of |
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| 1 | | $75,000,000 but not
exceeding $100,000,000;
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| 2 | | 37.5% of annual adjusted gross receipts in excess of |
| 3 | | $100,000,000 but not
exceeding $150,000,000;
|
| 4 | | 45% of annual adjusted gross receipts in excess of |
| 5 | | $150,000,000 but not
exceeding $200,000,000;
|
| 6 | | 50% of annual adjusted gross receipts in excess of |
| 7 | | $200,000,000.
|
| 8 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
| 9 | | persons engaged
in the business of conducting riverboat |
| 10 | | gambling operations, other than
licensed managers conducting |
| 11 | | riverboat gambling operations on behalf of the
State, based on |
| 12 | | the adjusted gross receipts received by a licensed owner from
|
| 13 | | gambling games authorized under this Act at the following |
| 14 | | rates:
|
| 15 | | 15% of annual adjusted gross receipts up to and |
| 16 | | including $25,000,000;
|
| 17 | | 27.5% of annual adjusted gross receipts in excess of |
| 18 | | $25,000,000 but not
exceeding $37,500,000;
|
| 19 | | 32.5% of annual adjusted gross receipts in excess of |
| 20 | | $37,500,000 but not
exceeding $50,000,000;
|
| 21 | | 37.5% of annual adjusted gross receipts in excess of |
| 22 | | $50,000,000 but not
exceeding $75,000,000;
|
| 23 | | 45% of annual adjusted gross receipts in excess of |
| 24 | | $75,000,000 but not
exceeding $100,000,000;
|
| 25 | | 50% of annual adjusted gross receipts in excess of |
| 26 | | $100,000,000 but not
exceeding $250,000,000;
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| 1 | | 70% of annual adjusted gross receipts in excess of |
| 2 | | $250,000,000.
|
| 3 | | An amount equal to the amount of wagering taxes collected |
| 4 | | under this
subsection (a-3) that are in addition to the amount |
| 5 | | of wagering taxes that
would have been collected if the |
| 6 | | wagering tax rates under subsection (a-2)
were in effect shall |
| 7 | | be paid into the Common School Fund.
|
| 8 | | The privilege tax imposed under this subsection (a-3) shall |
| 9 | | no longer be
imposed beginning on the earlier of (i) July 1, |
| 10 | | 2005; (ii) the first date
after June 20, 2003 that riverboat |
| 11 | | gambling operations are conducted
pursuant to a dormant |
| 12 | | license; or (iii) the first day that riverboat gambling
|
| 13 | | operations are conducted under the authority of an owners |
| 14 | | license that is in
addition to the 10 owners licenses initially |
| 15 | | authorized under this Act.
For the purposes of this subsection |
| 16 | | (a-3), the term "dormant license"
means an owners license that |
| 17 | | is authorized by this Act under which no
riverboat gambling |
| 18 | | operations are being conducted on June 20, 2003.
|
| 19 | | (a-4) Beginning on the first day on which the tax imposed |
| 20 | | under
subsection (a-3) is no longer imposed, a privilege tax is |
| 21 | | imposed on persons
engaged in the business of conducting |
| 22 | | riverboat or casino gambling operations, other
than licensed |
| 23 | | managers conducting riverboat gambling operations on behalf of
|
| 24 | | the State, based on the adjusted gross receipts received by a |
| 25 | | licensed owner
from gambling games authorized under this Act at |
| 26 | | the following rates:
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| 1 | | 15% of annual adjusted gross receipts up to and |
| 2 | | including $25,000,000;
|
| 3 | | 22.5% of annual adjusted gross receipts in excess of |
| 4 | | $25,000,000 but not
exceeding $50,000,000;
|
| 5 | | 27.5% of annual adjusted gross receipts in excess of |
| 6 | | $50,000,000 but not
exceeding $75,000,000;
|
| 7 | | 32.5% of annual adjusted gross receipts in excess of |
| 8 | | $75,000,000 but not
exceeding $100,000,000;
|
| 9 | | 37.5% of annual adjusted gross receipts in excess of |
| 10 | | $100,000,000 but not
exceeding $150,000,000;
|
| 11 | | 45% of annual adjusted gross receipts in excess of |
| 12 | | $150,000,000 but not
exceeding $200,000,000;
|
| 13 | | 50% of annual adjusted gross receipts in excess of |
| 14 | | $200,000,000.
|
| 15 | | (a-8) Gambling Riverboat gambling operations conducted by |
| 16 | | a licensed manager on
behalf of the State are not subject to |
| 17 | | the tax imposed under this Section.
|
| 18 | | (a-10) The taxes imposed by this Section shall be paid by |
| 19 | | the licensed
owner to the Board not later than 5:00 o'clock |
| 20 | | p.m. of the day after the day
when the wagers were made.
|
| 21 | | (a-15) If the privilege tax imposed under subsection (a-3) |
| 22 | | is no longer imposed pursuant to item (i) of the last paragraph |
| 23 | | of subsection (a-3), then by June 15 of each year, each owners |
| 24 | | licensee, other than an owners licensee that admitted 1,000,000 |
| 25 | | persons or
fewer in calendar year 2004, must, in addition to |
| 26 | | the payment of all amounts otherwise due under this Section, |
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| 1 | | pay to the Board a reconciliation payment in the amount, if |
| 2 | | any, by which the licensed owner's base amount exceeds the |
| 3 | | amount of net privilege tax paid by the licensed owner to the |
| 4 | | Board in the then current State fiscal year. A licensed owner's |
| 5 | | net privilege tax obligation due for the balance of the State |
| 6 | | fiscal year shall be reduced up to the total of the amount paid |
| 7 | | by the licensed owner in its June 15 reconciliation payment. |
| 8 | | The obligation imposed by this subsection (a-15) is binding on |
| 9 | | any person, firm, corporation, or other entity that acquires an |
| 10 | | ownership interest in any such owners license. The obligation |
| 11 | | imposed under this subsection (a-15) terminates on the earliest |
| 12 | | of: (i) July 1, 2007, (ii) the first day after the effective |
| 13 | | date of this amendatory Act of the 94th General Assembly that |
| 14 | | riverboat gambling operations are conducted pursuant to a |
| 15 | | dormant license, (iii) the first day that riverboat gambling |
| 16 | | operations are conducted under the authority of an owners |
| 17 | | license that is in addition to the 10 owners licenses initially |
| 18 | | authorized under this Act, or (iv) the first day that a |
| 19 | | licensee under the Illinois Horse Racing Act of 1975 conducts |
| 20 | | gaming operations with slot machines or other electronic gaming |
| 21 | | devices. The Board must reduce the obligation imposed under |
| 22 | | this subsection (a-15) by an amount the Board deems reasonable |
| 23 | | for any of the following reasons: (A) an act or acts of God, |
| 24 | | (B) an act of bioterrorism or terrorism or a bioterrorism or |
| 25 | | terrorism threat that was investigated by a law enforcement |
| 26 | | agency, or (C) a condition beyond the control of the owners |
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| 1 | | licensee that does not result from any act or omission by the |
| 2 | | owners licensee or any of its agents and that poses a hazardous |
| 3 | | threat to the health and safety of patrons. If an owners |
| 4 | | licensee pays an amount in excess of its liability under this |
| 5 | | Section, the Board shall apply the overpayment to future |
| 6 | | payments required under this Section. |
| 7 | | For purposes of this subsection (a-15): |
| 8 | | "Act of God" means an incident caused by the operation of |
| 9 | | an extraordinary force that cannot be foreseen, that cannot be |
| 10 | | avoided by the exercise of due care, and for which no person |
| 11 | | can be held liable.
|
| 12 | | "Base amount" means the following: |
| 13 | | For a riverboat in Alton, $31,000,000.
|
| 14 | | For a riverboat in East Peoria, $43,000,000.
|
| 15 | | For the Empress riverboat in Joliet, $86,000,000.
|
| 16 | | For a riverboat in Metropolis, $45,000,000.
|
| 17 | | For the Harrah's riverboat in Joliet, $114,000,000.
|
| 18 | | For a riverboat in Aurora, $86,000,000.
|
| 19 | | For a riverboat in East St. Louis, $48,500,000.
|
| 20 | | For a riverboat in Elgin, $198,000,000.
|
| 21 | | "Dormant license" has the meaning ascribed to it in |
| 22 | | subsection (a-3).
|
| 23 | | "Net privilege tax" means all privilege taxes paid by a |
| 24 | | licensed owner to the Board under this Section, less all |
| 25 | | payments made from the State Gaming Fund pursuant to subsection |
| 26 | | (b) of this Section. |
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| 1 | | The changes made to this subsection (a-15) by Public Act |
| 2 | | 94-839 are intended to restate and clarify the intent of Public |
| 3 | | Act 94-673 with respect to the amount of the payments required |
| 4 | | to be made under this subsection by an owners licensee to the |
| 5 | | Board.
|
| 6 | | (b) From Until January 1, 1998, 25% of the tax revenue |
| 7 | | deposited in the State
Gaming Fund under this Section shall be |
| 8 | | paid, subject to appropriation by the
General Assembly, to the |
| 9 | | unit of local government which is designated as the
home dock |
| 10 | | of the riverboat. Beginning January 1, 1998, from the tax |
| 11 | | revenue from owners licenses issued under Section 7 of this Act
|
| 12 | | deposited in the State Gaming Fund under this Section, an |
| 13 | | amount equal to 5% of
adjusted gross receipts generated by a |
| 14 | | riverboat or casino shall be paid monthly, subject
to |
| 15 | | appropriation by the General Assembly, to the unit of local |
| 16 | | government in which the casino is located or that
is designated |
| 17 | | as the home dock of the riverboat. From the tax revenue
|
| 18 | | deposited in the State Gaming Fund pursuant to riverboat or |
| 19 | | casino gambling operations
conducted by a licensed manager on |
| 20 | | behalf of the State under Section 7.3 of this Act, an amount |
| 21 | | equal to 5%
of adjusted gross receipts generated pursuant to |
| 22 | | those riverboat or casino gambling
operations shall be paid |
| 23 | | monthly,
subject to appropriation by the General Assembly, to |
| 24 | | the unit of local
government that is designated as the home |
| 25 | | dock of the riverboat upon which
those riverboat gambling |
| 26 | | operations are conducted or in which the casino is located.
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| 1 | | (c) Appropriations, as approved by the General Assembly, |
| 2 | | may be made
from the State Gaming Fund to the Board (i) for the |
| 3 | | administration and enforcement of this Act and the Video Gaming |
| 4 | | Act, (ii) for distribution to the Department of State Police |
| 5 | | and to the Department of Revenue for the enforcement of this |
| 6 | | Act, and (iii) to the
Department of Human Services for the |
| 7 | | administration of programs to treat
problem gambling.
|
| 8 | | (c-5) Before May 26, 2006 (the effective date of Public Act |
| 9 | | 94-804) and beginning on the effective date of this amendatory |
| 10 | | Act of the 95th General Assembly, unless any organization |
| 11 | | licensee under the Illinois Horse Racing Act of 1975 begins to |
| 12 | | operate a slot machine or video game of chance under the |
| 13 | | Illinois Horse Racing Act of 1975 or this Act, after the |
| 14 | | payments required under subsections (b) and (c) have been
made, |
| 15 | | an amount equal to 15% of the adjusted gross receipts of (1) an |
| 16 | | owners
licensee that relocates pursuant to Section 11.2,
(2) an |
| 17 | | owners licensee
conducting riverboat gambling operations
|
| 18 | | pursuant to an
owners license that is initially issued after |
| 19 | | June
25, 1999,
or (3) the first
riverboat gambling operations |
| 20 | | conducted by a licensed manager on behalf of the
State under |
| 21 | | Section 7.3,
whichever comes first, shall be paid from the |
| 22 | | State
Gaming Fund into the Horse Racing Equity Fund.
|
| 23 | | (c-10) Each year the General Assembly shall appropriate |
| 24 | | from the General
Revenue Fund to the Education Assistance Fund |
| 25 | | an amount equal to the amount
paid into the Horse Racing Equity |
| 26 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
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| 1 | | (c-15) After the payments required under subsections (b), |
| 2 | | (c), and (c-5)
have been made, an amount equal to 2% of the |
| 3 | | adjusted gross receipts of (1)
an owners licensee that |
| 4 | | relocates pursuant to Section 11.2, (2) an owners
licensee |
| 5 | | conducting riverboat gambling operations pursuant to
an
owners |
| 6 | | license that is initially issued after June 25, 1999,
or (3) |
| 7 | | the first
riverboat gambling operations conducted by a licensed |
| 8 | | manager on behalf of the
State under Section 7.3,
whichever |
| 9 | | comes first, shall be paid, subject to appropriation
from the |
| 10 | | General Assembly, from the State Gaming Fund to each home rule
|
| 11 | | county with a population of over 3,000,000 inhabitants for the |
| 12 | | purpose of
enhancing the county's criminal justice system.
|
| 13 | | (c-20) Each year the General Assembly shall appropriate |
| 14 | | from the General
Revenue Fund to the Education Assistance Fund |
| 15 | | an amount equal to the amount
paid to each home rule county |
| 16 | | with a population of over 3,000,000 inhabitants
pursuant to |
| 17 | | subsection (c-15) in the prior calendar year.
|
| 18 | | (c-25) On July 1, 2013 and each July 1 thereafter, |
| 19 | | $1,600,000 shall be transferred from the State Gaming Fund to |
| 20 | | the Chicago State University Education Improvement Fund.
|
| 21 | | (c-30) On July 1, 2013 or as soon as possible thereafter, |
| 22 | | $92,000,000 shall be transferred from the State Gaming Fund to |
| 23 | | the School Infrastructure Fund and $23,000,000 shall be |
| 24 | | transferred from the State Gaming Fund to the Horse Racing |
| 25 | | Equity Fund. |
| 26 | | (c-35) Beginning on July 1, 2013, in addition to any amount |
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| 1 | | transferred under subsection (c-30) of this Section, |
| 2 | | $5,530,000 shall be transferred monthly from the State Gaming |
| 3 | | Fund to the School Infrastructure Fund. |
| 4 | | (d) From time to time, the
Board shall transfer the |
| 5 | | remainder of the funds
generated by this Act into the Education
|
| 6 | | Assistance Fund, created by Public Act 86-0018, of the State of |
| 7 | | Illinois.
|
| 8 | | (e) Nothing in this Act shall prohibit the unit of local |
| 9 | | government
designated as the home dock of the riverboat from |
| 10 | | entering into agreements
with other units of local government |
| 11 | | in this State or in other states to
share its portion of the |
| 12 | | tax revenue.
|
| 13 | | (f) To the extent practicable, the Board shall administer |
| 14 | | and collect the
wagering taxes imposed by this Section in a |
| 15 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
| 16 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the |
| 17 | | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
| 18 | | Penalty and Interest Act.
|
| 19 | | (Source: P.A. 98-18, eff. 6-7-13.)
|
| 20 | | (230 ILCS 10/18) (from Ch. 120, par. 2418)
|
| 21 | | Sec. 18. Prohibited Activities - Penalty.
|
| 22 | | (a) A person is guilty of a Class A misdemeanor for doing |
| 23 | | any of the
following:
|
| 24 | | (1) Conducting gambling where wagering
is used or to be |
| 25 | | used
without a license issued by the Board.
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| 1 | | (2) Conducting gambling where wagering
is permitted |
| 2 | | other
than in the manner specified by Section 11.
|
| 3 | | (b) A person is guilty of a Class B misdemeanor for doing |
| 4 | | any of the
following:
|
| 5 | | (1) permitting a person under 21 years to make a wager; |
| 6 | | or
|
| 7 | | (2) violating paragraph (12) of subsection (a) of |
| 8 | | Section 11 of this Act.
|
| 9 | | (c) A person wagering or accepting a wager at any location |
| 10 | | outside the
riverboat or casino in violation of paragraph is |
| 11 | | subject to the penalties in paragraphs (1) or (2) of
subsection |
| 12 | | (a) of Section 28-1 of the Criminal Code of 2012 is subject to |
| 13 | | the penalties provided in that Section.
|
| 14 | | (d) A person commits a Class 4 felony and, in addition, |
| 15 | | shall be barred
for life from gambling operations riverboats |
| 16 | | under the jurisdiction of the
Board, if the person does any of |
| 17 | | the following:
|
| 18 | | (1) Offers, promises, or gives anything of value or |
| 19 | | benefit to a person
who is connected with a riverboat or |
| 20 | | casino owner including, but
not limited to, an officer or |
| 21 | | employee of a licensed owner or holder of an
occupational |
| 22 | | license pursuant to an agreement or arrangement or with the
|
| 23 | | intent that the promise or thing of value or benefit will |
| 24 | | influence the
actions of the person to whom the offer, |
| 25 | | promise, or gift was made in order
to affect or attempt to |
| 26 | | affect the outcome of a gambling game, or to
influence |
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| 1 | | official action of a member of the Board.
|
| 2 | | (2) Solicits or knowingly accepts or receives a promise |
| 3 | | of anything of
value or benefit while the person is |
| 4 | | connected with a riverboat or casino,
including, but not |
| 5 | | limited to, an officer or employee of a licensed owner,
or |
| 6 | | the holder of an occupational license, pursuant to an |
| 7 | | understanding or
arrangement or with the intent that the |
| 8 | | promise or thing of value or
benefit will influence the |
| 9 | | actions of the person to affect or attempt to
affect the |
| 10 | | outcome of a gambling game, or to influence official action |
| 11 | | of a
member of the Board.
|
| 12 | | (3) Uses or possesses with the intent to use a device |
| 13 | | to assist:
|
| 14 | | (i) In projecting the outcome of the game.
|
| 15 | | (ii) In keeping track of the cards played.
|
| 16 | | (iii) In analyzing the probability of the |
| 17 | | occurrence of an event
relating to the gambling game.
|
| 18 | | (iv) In analyzing the strategy for playing or |
| 19 | | betting to be used in the
game except as permitted by |
| 20 | | the Board.
|
| 21 | | (4) Cheats at a gambling game.
|
| 22 | | (5) Manufactures, sells, or distributes any cards, |
| 23 | | chips, dice, game or
device which is intended to be used to |
| 24 | | violate any provision of this Act.
|
| 25 | | (6) Alters or misrepresents the outcome of a gambling |
| 26 | | game on which
wagers have been made after the outcome is |
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| 1 | | made sure but before it is
revealed to the players.
|
| 2 | | (7) Places a bet after acquiring knowledge, not |
| 3 | | available to all players,
of the outcome of the gambling |
| 4 | | game which is subject of the bet or to aid a
person in |
| 5 | | acquiring the knowledge for the purpose of placing a bet
|
| 6 | | contingent on that outcome.
|
| 7 | | (8) Claims, collects, or takes, or attempts to claim, |
| 8 | | collect, or take,
money or anything of value in or from the |
| 9 | | gambling games, with intent to
defraud, without having made |
| 10 | | a wager contingent on winning a gambling game,
or claims, |
| 11 | | collects, or takes an amount of money or thing of value of
|
| 12 | | greater value than the amount won.
|
| 13 | | (9) Uses counterfeit chips or tokens in a gambling |
| 14 | | game.
|
| 15 | | (10) Possesses any key or device designed for the |
| 16 | | purpose of opening,
entering, or affecting the operation of |
| 17 | | a gambling game, drop box, or an
electronic or mechanical |
| 18 | | device connected with the gambling game or for
removing |
| 19 | | coins, tokens, chips or other contents of a gambling game. |
| 20 | | This
paragraph (10) does not apply to a gambling licensee |
| 21 | | or employee of a
gambling licensee acting in furtherance of |
| 22 | | the employee's employment.
|
| 23 | | (e) The possession of more than one of the devices |
| 24 | | described in
subsection (d), paragraphs (3), (5), or (10) |
| 25 | | permits a rebuttable
presumption that the possessor intended to |
| 26 | | use the devices for cheating.
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| 1 | | (f) A person under the age of 21 who, except as authorized |
| 2 | | under paragraph (10) of Section 11, enters upon a riverboat or |
| 3 | | in a casino commits a petty offense and is subject to a fine of |
| 4 | | not less than $100 or more than $250 for a first offense and of |
| 5 | | not less than $200 or more than $500 for a second or subsequent |
| 6 | | offense. |
| 7 | | An action to prosecute any crime occurring on a riverboat
|
| 8 | | shall be tried in the county of the dock at which the riverboat |
| 9 | | is based. An action to prosecute any crime occurring in a |
| 10 | | casino shall be tried in the county in which the casino is |
| 11 | | located.
|
| 12 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
|
| 13 | | (230 ILCS 10/18.1) |
| 14 | | Sec. 18.1. Distribution of certain fines. If a fine is |
| 15 | | imposed on an owner licensee for knowingly sending marketing or |
| 16 | | promotional materials to any person placed on the |
| 17 | | self-exclusion list, then the Board shall distribute an amount |
| 18 | | equal to 15% of the fine imposed to the unit of local |
| 19 | | government in which the riverboat or casino is located for the |
| 20 | | purpose of awarding grants to non-profit entities that assist |
| 21 | | gambling addicts.
|
| 22 | | (Source: P.A. 96-224, eff. 8-11-09.)
|
| 23 | | (230 ILCS 10/19) (from Ch. 120, par. 2419)
|
| 24 | | Sec. 19. Forfeiture of property. |
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| 1 | | (a) Except as provided in
subsection (b), any riverboat or |
| 2 | | casino
used for the conduct of gambling games in violation of |
| 3 | | this Act shall be
considered a gambling place in violation of |
| 4 | | Section 28-3 of the Criminal
Code of 2012. Every gambling |
| 5 | | device found on
a riverboat or in a casino operating gambling |
| 6 | | games in violation of this
Act shall be subject to seizure, |
| 7 | | confiscation and destruction as provided
in Section 28-5 of the |
| 8 | | Criminal Code of 2012.
|
| 9 | | (b) It is not a violation of this Act for a riverboat or |
| 10 | | other
watercraft which is licensed for gaming by a contiguous |
| 11 | | state to dock on
the shores of this State if the municipality |
| 12 | | having jurisdiction of the
shores, or the county in the case of |
| 13 | | unincorporated areas, has granted
permission for docking and no |
| 14 | | gaming is conducted on the riverboat or other
watercraft while |
| 15 | | it is docked on the shores of this State.
No gambling device |
| 16 | | shall be subject to seizure, confiscation or
destruction if the |
| 17 | | gambling device is located on a riverboat or other
watercraft |
| 18 | | which is licensed for gaming by a contiguous state and which is
|
| 19 | | docked on the shores of this State if the municipality having |
| 20 | | jurisdiction
of the shores, or the county in the case of |
| 21 | | unincorporated areas, has
granted permission for docking and no
|
| 22 | | gaming is conducted on the riverboat or other watercraft while |
| 23 | | it is docked on
the shores of this State.
|
| 24 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
| 25 | | (230 ILCS 10/20) (from Ch. 120, par. 2420)
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| 1 | | Sec. 20. Prohibited activities - civil penalties. Any |
| 2 | | person who
conducts a gambling operation without first |
| 3 | | obtaining a
license to do so, or who continues to conduct such |
| 4 | | games after revocation
of his license, or any licensee who |
| 5 | | conducts or allows to be
conducted any unauthorized gambling |
| 6 | | games on a riverboat or in a casino where it is
authorized to |
| 7 | | conduct its riverboat gambling operation, in addition to
other |
| 8 | | penalties provided, shall be subject to a civil penalty equal |
| 9 | | to the
amount of gross receipts derived from wagering on the |
| 10 | | gambling games,
whether unauthorized or authorized, conducted |
| 11 | | on that day as well as
confiscation and forfeiture of all |
| 12 | | gambling game equipment used in the
conduct of unauthorized |
| 13 | | gambling games.
|
| 14 | | (Source: P.A. 86-1029.)
|
| 15 | | (230 ILCS 10/24)
|
| 16 | | Sec. 24. Applicability of this Illinois Riverboat Gambling |
| 17 | | Act. The provisions of the this Illinois Riverboat Gambling |
| 18 | | Act, and all rules promulgated thereunder, shall apply to the |
| 19 | | Video Gaming Act, except where there is a conflict between the |
| 20 | | 2 Acts.
|
| 21 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
| 22 | | Section 40. The Video Gaming
Act is amended by changing |
| 23 | | Sections 5, 25, 45, 79, and 80 as follows:
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| 1 | | (230 ILCS 40/5)
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| 2 | | Sec. 5. Definitions. As used in this Act:
|
| 3 | | "Board" means the Illinois Gaming Board.
|
| 4 | | "Credit" means one, 5, 10, or 25 cents either won or |
| 5 | | purchased by a player.
|
| 6 | | "Distributor" means an individual, partnership, |
| 7 | | corporation, or limited liability company licensed under
this |
| 8 | | Act to buy, sell, lease, or distribute video gaming terminals |
| 9 | | or major
components or parts of video gaming terminals to or |
| 10 | | from terminal
operators.
|
| 11 | | "Electronic card" means a card purchased from a licensed |
| 12 | | establishment, licensed fraternal establishment, licensed |
| 13 | | veterans establishment, or licensed truck stop establishment |
| 14 | | for use in that establishment as a substitute for cash in the |
| 15 | | conduct of gaming on a video gaming terminal. |
| 16 | | "Electronic voucher" means a voucher printed by an |
| 17 | | electronic video game machine that is redeemable in the |
| 18 | | licensed establishment for which it was issued. |
| 19 | | "Terminal operator" means an individual, partnership, |
| 20 | | corporation, or limited liability company that is
licensed |
| 21 | | under this Act and that owns, services, and maintains video
|
| 22 | | gaming terminals for placement in licensed establishments, |
| 23 | | licensed truck stop establishments, licensed fraternal
|
| 24 | | establishments, or licensed veterans establishments.
|
| 25 | | "Licensed technician" means an individual
who
is licensed |
| 26 | | under this Act to repair,
service, and maintain
video gaming |
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| 1 | | terminals.
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| 2 | | "Licensed terminal handler" means a person, including but |
| 3 | | not limited to an employee or independent contractor working |
| 4 | | for a manufacturer, distributor, supplier, technician, or |
| 5 | | terminal operator, who is licensed under this Act to possess or |
| 6 | | control a video gaming terminal or to have access to the inner |
| 7 | | workings of a video gaming terminal. A licensed terminal |
| 8 | | handler does not include an individual, partnership, |
| 9 | | corporation, or limited liability company defined as a |
| 10 | | manufacturer, distributor, supplier, technician, or terminal |
| 11 | | operator under this Act. |
| 12 | | "Manufacturer" means an individual, partnership, |
| 13 | | corporation, or limited liability company that is
licensed |
| 14 | | under this Act and that manufactures or assembles video gaming
|
| 15 | | terminals.
|
| 16 | | "Supplier" means an individual, partnership, corporation, |
| 17 | | or limited liability company that is
licensed under this Act to |
| 18 | | supply major components or parts to video gaming
terminals to |
| 19 | | licensed
terminal operators.
|
| 20 | | "Net terminal income" means money put into a video gaming |
| 21 | | terminal minus
credits paid out to players.
|
| 22 | | "Video gaming terminal" means any electronic video game |
| 23 | | machine
that, upon insertion of cash, electronic cards or |
| 24 | | vouchers, or any combination thereof, is available to play or |
| 25 | | simulate the play of
a video game, including but not limited to |
| 26 | | video poker, line up, and blackjack, as
authorized by the Board |
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| 1 | | utilizing a video display and microprocessors in
which the |
| 2 | | player may receive free games or credits that can be
redeemed |
| 3 | | for cash. The term does not include a machine that directly
|
| 4 | | dispenses coins, cash, or tokens or is for amusement purposes |
| 5 | | only.
|
| 6 | | "Licensed establishment" means any licensed retail |
| 7 | | establishment where
alcoholic liquor is drawn, poured, mixed, |
| 8 | | or otherwise served for consumption
on the premises, whether |
| 9 | | the establishment operates on a nonprofit or for-profit basis. |
| 10 | | "Licensed establishment" includes any such establishment that |
| 11 | | has a contractual relationship with an inter-track wagering |
| 12 | | location licensee licensed under the Illinois Horse Racing Act |
| 13 | | of 1975, provided any contractual relationship shall not |
| 14 | | include any transfer or offer of revenue from the operation of |
| 15 | | video gaming under this Act to any licensee licensed under the |
| 16 | | Illinois Horse Racing Act of 1975. Provided, however, that the |
| 17 | | licensed establishment that has such a contractual |
| 18 | | relationship with an inter-track wagering location licensee |
| 19 | | may not, itself, be (i) an inter-track wagering location |
| 20 | | licensee, (ii) the corporate parent or subsidiary of any |
| 21 | | licensee licensed under the Illinois Horse Racing Act of 1975, |
| 22 | | or (iii) the corporate subsidiary of a corporation that is also |
| 23 | | the corporate parent or subsidiary of any licensee licensed |
| 24 | | under the Illinois Horse Racing Act of 1975. "Licensed |
| 25 | | establishment" does not include a facility operated by an |
| 26 | | organization licensee, an inter-track wagering licensee, or an |
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| 1 | | inter-track wagering location licensee licensed under the |
| 2 | | Illinois Horse Racing Act of 1975 or a riverboat licensed under |
| 3 | | the Riverboat and Casino Gambling Act, except as provided in |
| 4 | | this paragraph. The changes made to this definition by Public |
| 5 | | Act 98-587 are declarative of existing law.
|
| 6 | | "Licensed fraternal establishment" means the location |
| 7 | | where a qualified
fraternal organization that derives its |
| 8 | | charter from a national fraternal
organization regularly |
| 9 | | meets.
|
| 10 | | "Licensed veterans establishment" means the location where |
| 11 | | a qualified
veterans organization that derives its charter from |
| 12 | | a national veterans
organization regularly meets.
|
| 13 | | "Licensed truck stop establishment" means a facility (i) |
| 14 | | that is at least a
3-acre facility with a convenience store, |
| 15 | | (ii) with separate diesel
islands for fueling commercial motor |
| 16 | | vehicles, (iii) that sells at retail more than 10,000 gallons |
| 17 | | of diesel or biodiesel fuel per month, and (iv) with parking |
| 18 | | spaces for commercial
motor vehicles. "Commercial motor |
| 19 | | vehicles" has the same meaning as defined in Section 18b-101 of |
| 20 | | the Illinois Vehicle Code. The requirement of item (iii) of |
| 21 | | this paragraph may be met by showing that estimated future |
| 22 | | sales or past sales average at least 10,000 gallons per month.
|
| 23 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; |
| 24 | | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. |
| 25 | | 7-16-14.)
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| 1 | | (230 ILCS 40/25)
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| 2 | | Sec. 25. Restriction of licensees.
|
| 3 | | (a) Manufacturer. A person may not be licensed as a |
| 4 | | manufacturer of a
video gaming terminal in Illinois unless the |
| 5 | | person has a valid
manufacturer's license issued
under this |
| 6 | | Act. A manufacturer may only sell video gaming terminals for |
| 7 | | use
in Illinois to
persons having a valid distributor's |
| 8 | | license.
|
| 9 | | (b) Distributor. A person may not sell, distribute, or |
| 10 | | lease
or market a video gaming terminal in Illinois unless the |
| 11 | | person has a valid
distributor's
license issued under this Act. |
| 12 | | A distributor may only sell video gaming
terminals for use in
|
| 13 | | Illinois to persons having a valid distributor's or terminal |
| 14 | | operator's
license.
|
| 15 | | (c) Terminal operator. A person may not own, maintain, or |
| 16 | | place a video gaming terminal unless he has a valid terminal |
| 17 | | operator's
license issued
under this Act. A terminal operator |
| 18 | | may only place video gaming terminals for
use in
Illinois in |
| 19 | | licensed establishments, licensed truck stop establishments, |
| 20 | | licensed fraternal establishments,
and
licensed veterans |
| 21 | | establishments.
No terminal operator may give anything of |
| 22 | | value, including but not limited to
a loan or financing |
| 23 | | arrangement, to a licensed establishment, licensed truck stop |
| 24 | | establishment,
licensed fraternal establishment, or licensed |
| 25 | | veterans establishment as
any incentive or inducement to locate |
| 26 | | video terminals in that establishment.
Of the after-tax profits
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| 1 | | from a video gaming terminal, 50% shall be paid to the terminal
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| 2 | | operator and 50% shall be paid to the licensed establishment, |
| 3 | | licensed truck stop establishment,
licensed fraternal |
| 4 | | establishment, or
licensed veterans establishment, |
| 5 | | notwithstanding any agreement to the contrary.
A video terminal |
| 6 | | operator that violates one or more requirements of this |
| 7 | | subsection is guilty of a Class 4 felony and is subject to |
| 8 | | termination of his or her license by the Board.
|
| 9 | | (d) Licensed technician. A person may not service, |
| 10 | | maintain, or repair a
video gaming terminal
in this State |
| 11 | | unless he or she (1) has a valid technician's license issued
|
| 12 | | under this Act, (2) is a terminal operator, or (3) is employed |
| 13 | | by a terminal
operator, distributor, or manufacturer.
|
| 14 | | (d-5) Licensed terminal handler. No person, including, but |
| 15 | | not limited to, an employee or independent contractor working |
| 16 | | for a manufacturer, distributor, supplier, technician, or |
| 17 | | terminal operator licensed pursuant to this Act, shall have |
| 18 | | possession or control of a video gaming terminal, or access to |
| 19 | | the inner workings of a video gaming terminal, unless that |
| 20 | | person possesses a valid terminal handler's license issued |
| 21 | | under this Act. |
| 22 | | (e) Licensed establishment. No video gaming terminal may be |
| 23 | | placed in any licensed establishment, licensed veterans |
| 24 | | establishment, licensed truck stop establishment,
or licensed |
| 25 | | fraternal establishment
unless the owner
or agent of the owner |
| 26 | | of the licensed establishment, licensed veterans |
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| 1 | | establishment, licensed truck stop establishment, or licensed
|
| 2 | | fraternal establishment has entered into a
written use |
| 3 | | agreement with the terminal operator for placement of the
|
| 4 | | terminals. A copy of the use agreement shall be on file in the |
| 5 | | terminal
operator's place of business and available for |
| 6 | | inspection by individuals
authorized by the Board. A licensed |
| 7 | | establishment, licensed truck stop establishment, licensed |
| 8 | | veterans establishment,
or
licensed
fraternal
establishment |
| 9 | | may operate up to 5 video gaming terminals on its premises at |
| 10 | | any
time.
|
| 11 | | (f) (Blank).
|
| 12 | | (g) Financial interest restrictions.
As used in this Act, |
| 13 | | "substantial interest" in a partnership, a corporation, an
|
| 14 | | organization, an association, a business, or a limited |
| 15 | | liability company means:
|
| 16 | | (A) When, with respect to a sole proprietorship, an |
| 17 | | individual or
his or her spouse owns, operates, manages, or |
| 18 | | conducts, directly
or indirectly, the organization, |
| 19 | | association, or business, or any part thereof;
or
|
| 20 | | (B) When, with respect to a partnership, the individual |
| 21 | | or his or
her spouse shares in any of the profits, or |
| 22 | | potential profits,
of the partnership activities; or
|
| 23 | | (C) When, with respect to a corporation, an individual |
| 24 | | or his or her
spouse is an officer or director, or the |
| 25 | | individual or his or her spouse is a holder, directly or |
| 26 | | beneficially, of 5% or more of any class
of stock of the |
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| 1 | | corporation; or
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| 2 | | (D) When, with respect to an organization not covered |
| 3 | | in (A), (B) or
(C) above, an individual or his or her |
| 4 | | spouse is an officer or manages the
business affairs, or |
| 5 | | the individual or his or her spouse is the
owner of or |
| 6 | | otherwise controls 10% or more of the assets of the |
| 7 | | organization;
or
|
| 8 | | (E) When an individual or his or her spouse furnishes
|
| 9 | | 5% or more of the capital, whether in cash, goods, or |
| 10 | | services, for the
operation of any business, association, |
| 11 | | or organization during any calendar
year; or |
| 12 | | (F) When, with respect to a limited liability company, |
| 13 | | an individual or his or her
spouse is a member, or the |
| 14 | | individual or his or her spouse is a holder, directly or |
| 15 | | beneficially, of 5% or more of the membership interest of |
| 16 | | the limited liability company.
|
| 17 | | For purposes of this subsection (g), "individual" includes |
| 18 | | all individuals or their spouses whose combined interest would |
| 19 | | qualify as a substantial interest under this subsection (g) and |
| 20 | | whose activities with respect to an organization, association, |
| 21 | | or business are so closely aligned or coordinated as to |
| 22 | | constitute the activities of a single entity. |
| 23 | | (h) Location restriction. A licensed establishment, |
| 24 | | licensed truck stop establishment, licensed
fraternal
|
| 25 | | establishment, or licensed veterans establishment that is (i) |
| 26 | | located within 1,000
feet of a facility operated by an |
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| 1 | | organization licensee licensed under the Illinois Horse Racing |
| 2 | | Act of 1975 or a casino or the home dock of a riverboat |
| 3 | | licensed under the Riverboat and Casino
Gambling Act or (ii) |
| 4 | | located within 100 feet of a school or a place of worship under |
| 5 | | the Religious Corporation Act, is ineligible to operate a video |
| 6 | | gaming terminal. The location restrictions in this subsection |
| 7 | | (h) do not apply if (A) a facility operated by an organization |
| 8 | | licensee, a school, or a place of worship moves to or is |
| 9 | | established within the restricted area after a licensed |
| 10 | | establishment, licensed truck stop establishment, licensed |
| 11 | | fraternal establishment, or licensed veterans establishment |
| 12 | | becomes licensed under this Act or (B) a school or place of |
| 13 | | worship moves to or is established within the restricted area |
| 14 | | after a licensed establishment, licensed truck stop |
| 15 | | establishment, licensed fraternal establishment, or licensed |
| 16 | | veterans establishment obtains its original liquor license. |
| 17 | | For the purpose of this subsection, "school" means an |
| 18 | | elementary or secondary public school, or an elementary or |
| 19 | | secondary private school registered with or recognized by the |
| 20 | | State Board of Education. |
| 21 | | Notwithstanding the provisions of this subsection (h), the |
| 22 | | Board may waive the requirement that a licensed establishment, |
| 23 | | licensed truck stop establishment, licensed fraternal |
| 24 | | establishment, or licensed veterans establishment not be |
| 25 | | located within 1,000 feet from a facility operated by an |
| 26 | | organization licensee licensed under the Illinois Horse Racing |
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| 1 | | Act of 1975 or a casino or the home dock of a riverboat |
| 2 | | licensed under the Riverboat and Casino Gambling Act. The Board |
| 3 | | shall not grant such waiver if there is any common ownership or |
| 4 | | control, shared business activity, or contractual arrangement |
| 5 | | of any type between the establishment and the organization |
| 6 | | licensee or owners licensee of a riverboat. The Board shall |
| 7 | | adopt rules to implement the provisions of this paragraph. |
| 8 | | (i) Undue economic concentration. In addition to |
| 9 | | considering all other requirements under this Act, in deciding |
| 10 | | whether to approve the operation of video gaming terminals by a |
| 11 | | terminal operator in a location, the Board shall consider the |
| 12 | | impact of any economic concentration of such operation of video |
| 13 | | gaming terminals. The Board shall not allow a terminal operator |
| 14 | | to operate video gaming terminals if the Board determines such |
| 15 | | operation will result in undue economic concentration. For |
| 16 | | purposes of this Section, "undue economic concentration" means |
| 17 | | that a terminal operator would have such actual or potential |
| 18 | | influence over video gaming terminals in Illinois as to: |
| 19 | | (1) substantially impede or suppress competition among |
| 20 | | terminal operators; |
| 21 | | (2) adversely impact the economic stability of the |
| 22 | | video gaming industry in Illinois; or |
| 23 | | (3) negatively impact the purposes of the Video Gaming |
| 24 | | Act. |
| 25 | | The Board shall adopt rules concerning undue economic |
| 26 | | concentration with respect to the operation of video gaming |
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| 1 | | terminals in Illinois. The rules shall include, but not be |
| 2 | | limited to, (i) limitations on the number of video gaming |
| 3 | | terminals operated by any terminal operator within a defined |
| 4 | | geographic radius and (ii) guidelines on the discontinuation of |
| 5 | | operation of any such video gaming terminals the Board |
| 6 | | determines will cause undue economic concentration.
|
| 7 | | (j) The provisions of the Illinois Antitrust Act are fully |
| 8 | | and equally applicable to the activities of any licensee under |
| 9 | | this Act.
|
| 10 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, |
| 11 | | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
|
| 12 | | (230 ILCS 40/45)
|
| 13 | | Sec. 45. Issuance of license.
|
| 14 | | (a) The burden is upon each applicant to
demonstrate his |
| 15 | | suitability for licensure. Each video gaming terminal
|
| 16 | | manufacturer, distributor, supplier, operator, handler, |
| 17 | | licensed establishment, licensed truck stop establishment, |
| 18 | | licensed
fraternal
establishment, and licensed veterans |
| 19 | | establishment shall be
licensed by the Board.
The Board may |
| 20 | | issue or deny a license under this Act to any person pursuant |
| 21 | | to the same criteria set forth in Section 9 of the Riverboat |
| 22 | | and Casino Gambling Act.
|
| 23 | | (a-5) The Board shall not grant a license to a person who |
| 24 | | has facilitated, enabled, or participated in the use of |
| 25 | | coin-operated devices for gambling purposes or who is under the |
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| 1 | | significant influence or control of such a person. For the |
| 2 | | purposes of this Act, "facilitated, enabled, or participated in |
| 3 | | the use of coin-operated amusement devices for gambling |
| 4 | | purposes" means that the person has been convicted of any |
| 5 | | violation of Article 28 of the Criminal Code of 1961 or the |
| 6 | | Criminal Code of 2012. If there is pending legal action against |
| 7 | | a person for any such violation, then the Board shall delay the |
| 8 | | licensure of that person until the legal action is resolved. |
| 9 | | (b) Each person seeking and possessing a license as a video |
| 10 | | gaming terminal manufacturer, distributor, supplier, operator, |
| 11 | | handler, licensed establishment, licensed truck stop |
| 12 | | establishment, licensed fraternal establishment, or licensed |
| 13 | | veterans establishment shall submit to a background |
| 14 | | investigation conducted by the Board with the assistance of the |
| 15 | | State Police or other law enforcement. To the extent that the |
| 16 | | corporate structure of the applicant allows, the background |
| 17 | | investigation shall include any or all of the following as the |
| 18 | | Board deems appropriate or as provided by rule for each |
| 19 | | category of licensure: (i) each beneficiary of a trust, (ii) |
| 20 | | each partner of a partnership, (iii) each member of a limited |
| 21 | | liability company, (iv) each director and officer of a publicly |
| 22 | | or non-publicly held corporation, (v) each stockholder of a |
| 23 | | non-publicly held corporation, (vi) each stockholder of 5% or |
| 24 | | more of a publicly held corporation, or (vii) each stockholder |
| 25 | | of 5% or more in a parent or subsidiary corporation. |
| 26 | | (c) Each person seeking and possessing a license as a video |
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| 1 | | gaming terminal manufacturer, distributor, supplier, operator, |
| 2 | | handler, licensed establishment, licensed truck stop |
| 3 | | establishment, licensed fraternal establishment, or licensed |
| 4 | | veterans establishment shall disclose the identity of every |
| 5 | | person, association, trust, corporation, or limited liability |
| 6 | | company having a greater than 1% direct or indirect pecuniary |
| 7 | | interest in the video gaming terminal operation for which the |
| 8 | | license is sought. If the disclosed entity is a trust, the |
| 9 | | application shall disclose the names and addresses of the |
| 10 | | beneficiaries; if a corporation, the names and addresses of all |
| 11 | | stockholders and directors; if a limited liability company, the |
| 12 | | names and addresses of all members; or if a partnership, the |
| 13 | | names and addresses of all partners, both general and limited. |
| 14 | | (d) No person may be licensed as a video gaming terminal |
| 15 | | manufacturer, distributor, supplier, operator, handler, |
| 16 | | licensed establishment, licensed truck stop establishment, |
| 17 | | licensed fraternal establishment, or licensed veterans |
| 18 | | establishment if that person has been found by the Board to: |
| 19 | | (1) have a background, including a criminal record, |
| 20 | | reputation, habits, social or business associations, or |
| 21 | | prior activities that pose a threat to the public interests |
| 22 | | of the State or to the security and integrity of video |
| 23 | | gaming; |
| 24 | | (2) create or enhance the dangers of unsuitable, |
| 25 | | unfair, or illegal practices, methods, and activities in |
| 26 | | the conduct of video gaming; or |
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| 1 | | (3) present questionable business practices and |
| 2 | | financial arrangements incidental to the conduct of video |
| 3 | | gaming activities. |
| 4 | | (e) Any applicant for any license under this Act has the |
| 5 | | burden of proving his or her qualifications to the satisfaction |
| 6 | | of the Board. The Board may adopt rules to establish additional |
| 7 | | qualifications and requirements to preserve the integrity and |
| 8 | | security of video gaming in this State. |
| 9 | | (f) A non-refundable application fee shall be paid at the |
| 10 | | time an
application for a license is filed with the Board in |
| 11 | | the following amounts:
|
| 12 | | (1) Manufacturer..........................$5,000
|
| 13 | | (2) Distributor...........................$5,000
|
| 14 | | (3) Terminal operator.....................$5,000
|
| 15 | | (4) Supplier..............................$2,500
|
| 16 | | (5) Technician..............................$100
|
| 17 | | (6) Terminal Handler..............................$50 |
| 18 | | (g) The Board shall establish an
annual fee for each |
| 19 | | license not to exceed the following: |
| 20 | | (1) Manufacturer.........................$10,000
|
| 21 | | (2) Distributor..........................$10,000
|
| 22 | | (3) Terminal operator.....................$5,000
|
| 23 | | (4) Supplier..............................$2,000
|
| 24 | | (5) Technician..............................$100
|
| 25 | | (6) Licensed establishment, licensed truck stop
|
| 26 | | establishment, licensed fraternal establishment,
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| 1 | | or licensed veterans establishment..............$100
|
| 2 | | (7) Video gaming terminal...................$100
|
| 3 | | (8) Terminal Handler..............................$50
|
| 4 | | (h) A terminal operator and a licensed establishment, |
| 5 | | licensed truck stop establishment, licensed fraternal |
| 6 | | establishment,
or licensed veterans establishment shall |
| 7 | | equally split the fees specified in item (7) of subsection (g). |
| 8 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; |
| 9 | | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
|
| 10 | | (230 ILCS 40/79) |
| 11 | | Sec. 79. Investigators. Investigators appointed by the |
| 12 | | Board pursuant to the powers conferred upon the Board by |
| 13 | | paragraph (20.6) of subsection (c) of Section 5 of the |
| 14 | | Riverboat and Casino Gambling Act and Section 80 of this Act |
| 15 | | shall have authority to conduct investigations, searches, |
| 16 | | seizures, arrests, and other duties imposed under this Act and |
| 17 | | the Riverboat and Casino Gambling Act, as deemed necessary by |
| 18 | | the Board. These investigators have and may exercise all of the |
| 19 | | rights and powers of peace officers, provided that these powers |
| 20 | | shall be (1) limited to offenses or violations occurring or |
| 21 | | committed in connection with conduct subject to this Act, |
| 22 | | including, but not limited to, the manufacture, distribution, |
| 23 | | supply, operation, placement, service, maintenance, or play of |
| 24 | | video gaming terminals and the distribution of profits and |
| 25 | | collection of revenues resulting from such play, and (2) |
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| 1 | | exercised, to the fullest extent practicable, in cooperation |
| 2 | | with the local police department of the applicable municipality |
| 3 | | or, if these powers are exercised outside the boundaries of an |
| 4 | | incorporated municipality or within a municipality that does |
| 5 | | not have its own police department, in cooperation with the |
| 6 | | police department whose jurisdiction encompasses the |
| 7 | | applicable locality.
|
| 8 | | (Source: P.A. 97-809, eff. 7-13-12.)
|
| 9 | | (230 ILCS 40/80)
|
| 10 | | Sec. 80. Applicability of Illinois Riverboat and Casino |
| 11 | | Gambling Act. The provisions of the Illinois Riverboat and |
| 12 | | Casino Gambling Act, and all rules promulgated thereunder, |
| 13 | | shall apply to the Video Gaming Act, except where there is a |
| 14 | | conflict between the 2 Acts. All provisions of the Uniform |
| 15 | | Penalty and Interest Act shall apply, as far as practicable, to |
| 16 | | the subject matter of this Act to the same extent as if such |
| 17 | | provisions were included herein.
|
| 18 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
| 19 | | Section 45. The Liquor Control Act of 1934 is amended by |
| 20 | | changing Sections 5-1 and 6-30 as follows:
|
| 21 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
| 22 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
| 23 | | Commission
shall be of the following classes: |
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| 1 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
| 2 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
| 3 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
| 4 | | First Class Winemaker, Class 7. Second Class Winemaker, Class |
| 5 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
| 6 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, |
| 7 | | (b) Distributor's license, |
| 8 | | (c) Importing Distributor's license, |
| 9 | | (d) Retailer's license, |
| 10 | | (e) Special Event Retailer's license (not-for-profit), |
| 11 | | (f) Railroad license, |
| 12 | | (g) Boat license, |
| 13 | | (h) Non-Beverage User's license, |
| 14 | | (i) Wine-maker's premises license, |
| 15 | | (j) Airplane license, |
| 16 | | (k) Foreign importer's license, |
| 17 | | (l) Broker's license, |
| 18 | | (m) Non-resident dealer's
license, |
| 19 | | (n) Brew Pub license, |
| 20 | | (o) Auction liquor license, |
| 21 | | (p) Caterer retailer license, |
| 22 | | (q) Special use permit license, |
| 23 | | (r) Winery shipper's license, |
| 24 | | (s) Craft distiller tasting permit. |
| 25 | | No
person, firm, partnership, corporation, or other legal |
| 26 | | business entity that is
engaged in the manufacturing of wine |
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| 1 | | may concurrently obtain and hold a
wine-maker's license and a |
| 2 | | wine manufacturer's license. |
| 3 | | (a) A manufacturer's license shall allow the manufacture,
|
| 4 | | importation in bulk, storage, distribution and sale of |
| 5 | | alcoholic liquor
to persons without the State, as may be |
| 6 | | permitted by law and to licensees
in this State as follows: |
| 7 | | Class 1. A Distiller may make sales and deliveries of |
| 8 | | alcoholic liquor to
distillers, rectifiers, importing |
| 9 | | distributors, distributors and
non-beverage users and to no |
| 10 | | other licensees. |
| 11 | | Class 2. A Rectifier, who is not a distiller, as defined |
| 12 | | herein, may make
sales and deliveries of alcoholic liquor to |
| 13 | | rectifiers, importing distributors,
distributors, retailers |
| 14 | | and non-beverage users and to no other licensees. |
| 15 | | Class 3. A Brewer may make sales and deliveries of beer to |
| 16 | | importing
distributors and distributors and may make sales as |
| 17 | | authorized under subsection (e) of Section 6-4 of this Act. |
| 18 | | Class 4. A first class wine-manufacturer may make sales and |
| 19 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
|
| 20 | | importing
distributors and distributors, and to no other |
| 21 | | licensees. |
| 22 | | Class 5. A second class Wine manufacturer may make sales |
| 23 | | and deliveries
of more than 50,000 gallons of wine to |
| 24 | | manufacturers, importing distributors
and distributors and to |
| 25 | | no other licensees. |
| 26 | | Class 6. A first-class wine-maker's license shall allow the |
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| 1 | | manufacture
of up to 50,000 gallons of wine per year, and the
|
| 2 | | storage
and sale of such
wine to distributors in the State and |
| 3 | | to persons without the
State, as may be permitted by law. A |
| 4 | | person who, prior to June 1, 2008 (the effective date of Public |
| 5 | | Act 95-634), is a holder of a first-class wine-maker's license |
| 6 | | and annually produces more than 25,000 gallons of its own wine |
| 7 | | and who distributes its wine to licensed retailers shall cease |
| 8 | | this practice on or before July 1, 2008 in compliance with |
| 9 | | Public Act 95-634. |
| 10 | | Class 7. A second-class wine-maker's license shall allow |
| 11 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
| 12 | | per year, and
the
storage and sale of such wine
to distributors |
| 13 | | in this State and to persons without the State, as may be
|
| 14 | | permitted by law. A person who, prior to June 1, 2008 (the |
| 15 | | effective date of Public Act 95-634), is a holder of a |
| 16 | | second-class wine-maker's license and annually produces more |
| 17 | | than 25,000 gallons of its own wine and who distributes its |
| 18 | | wine to licensed retailers shall cease this practice on or |
| 19 | | before July 1, 2008 in compliance with Public Act 95-634. |
| 20 | | Class 8. A limited wine-manufacturer may make sales and |
| 21 | | deliveries not to
exceed 40,000 gallons of wine per year to |
| 22 | | distributors, and to
non-licensees in accordance with the |
| 23 | | provisions of this Act. |
| 24 | | Class 9. A craft distiller license shall allow the |
| 25 | | manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166) |
| 26 | | gallons of spirits by distillation per year and the storage of |
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| 1 | | such spirits. If a craft distiller licensee, including a craft |
| 2 | | distiller licensee who holds more than one craft distiller |
| 3 | | license, is not affiliated with any other manufacturer of |
| 4 | | spirits, then the craft distiller licensee may sell such |
| 5 | | spirits to distributors in this State and up to 2,500 gallons |
| 6 | | of such spirits to non-licensees to the extent permitted by any |
| 7 | | exemption approved by the Commission pursuant to Section 6-4 of |
| 8 | | this Act. A craft distiller license holder may store such |
| 9 | | spirits at a non-contiguous licensed location, but at no time |
| 10 | | shall a craft distiller license holder directly or indirectly |
| 11 | | produce in the aggregate more than 100,000 gallons of spirits |
| 12 | | per year. |
| 13 | | A craft distiller licensee may hold more than one craft |
| 14 | | distiller's license. However, a craft distiller that holds more |
| 15 | | than one craft distiller license shall not manufacture, in the |
| 16 | | aggregate, more than 100,000 gallons of spirits by distillation |
| 17 | | per year and shall not sell, in the aggregate, more than 2,500 |
| 18 | | gallons of such spirits to non-licensees in accordance with an |
| 19 | | exemption approved by the State Commission pursuant to Section |
| 20 | | 6-4 of this Act. |
| 21 | | Any craft distiller licensed under this Act who on July 28, |
| 22 | | 2010 (the effective date of Public Act 96-1367) was licensed as |
| 23 | | a distiller and manufactured no more spirits than permitted by |
| 24 | | this Section shall not be required to pay the initial licensing |
| 25 | | fee. |
| 26 | | Class 10. A class 1 brewer license, which may only be |
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| 1 | | issued to a licensed brewer or licensed non-resident dealer, |
| 2 | | shall allow the manufacture of up to 930,000 gallons of beer |
| 3 | | per year provided that the class 1 brewer licensee does not |
| 4 | | manufacture more than a combined 930,000 gallons of beer per |
| 5 | | year and is not a member of or affiliated with, directly or |
| 6 | | indirectly, a manufacturer that produces more than 930,000 |
| 7 | | gallons of beer per year or any other alcoholic liquor. A class |
| 8 | | 1 brewer licensee may make sales and deliveries to importing |
| 9 | | distributors and distributors and to retail licensees in |
| 10 | | accordance with the conditions set forth in paragraph (18) of |
| 11 | | subsection (a) of Section 3-12 of this Act. |
| 12 | | Class 11. A class 2 brewer license, which may only be |
| 13 | | issued to a licensed brewer or licensed non-resident dealer, |
| 14 | | shall allow the manufacture of up to 3,720,000 gallons of beer |
| 15 | | per year provided that the class 2 brewer licensee does not |
| 16 | | manufacture more than a combined 3,720,000 gallons of beer per |
| 17 | | year and is not a member of or affiliated with, directly or |
| 18 | | indirectly, a manufacturer that produces more than 3,720,000 |
| 19 | | gallons of beer per year or any other alcoholic liquor. A class |
| 20 | | 2 brewer licensee may make sales and deliveries to importing |
| 21 | | distributors and distributors, but shall not make sales or |
| 22 | | deliveries to any other licensee. If the State Commission |
| 23 | | provides prior approval, a class 2 brewer licensee may annually |
| 24 | | transfer up to 3,720,000 gallons of beer manufactured by that |
| 25 | | class 2 brewer licensee to the premises of a licensed class 2 |
| 26 | | brewer wholly owned and operated by the same licensee. |
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| 1 | | (a-1) A manufacturer which is licensed in this State to |
| 2 | | make sales or
deliveries of alcoholic liquor to licensed |
| 3 | | distributors or importing distributors and which enlists |
| 4 | | agents, representatives, or
individuals acting on its behalf |
| 5 | | who contact licensed retailers on a regular
and continual basis |
| 6 | | in this State must register those agents, representatives,
or |
| 7 | | persons acting on its behalf with the State Commission. |
| 8 | | Registration of agents, representatives, or persons acting |
| 9 | | on behalf of a
manufacturer is fulfilled by submitting a form |
| 10 | | to the Commission. The form
shall be developed by the |
| 11 | | Commission and shall include the name and address of
the |
| 12 | | applicant, the name and address of the manufacturer he or she |
| 13 | | represents,
the territory or areas assigned to sell to or |
| 14 | | discuss pricing terms of
alcoholic liquor, and any other |
| 15 | | questions deemed appropriate and necessary.
All statements in |
| 16 | | the forms required to be made by law or by rule shall be
deemed |
| 17 | | material, and any person who knowingly misstates any material |
| 18 | | fact under
oath in an application is guilty of a Class B |
| 19 | | misdemeanor. Fraud,
misrepresentation, false statements, |
| 20 | | misleading statements, evasions, or
suppression of material |
| 21 | | facts in the securing of a registration are grounds for
|
| 22 | | suspension or revocation of the registration. The State |
| 23 | | Commission shall post a list of registered agents on the |
| 24 | | Commission's website. |
| 25 | | (b) A distributor's license shall allow the wholesale |
| 26 | | purchase and storage
of alcoholic liquors and sale of alcoholic |
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| 1 | | liquors to licensees
in this State and to persons without the |
| 2 | | State, as may be permitted by law. No person licensed as a |
| 3 | | distributor shall be granted a non-resident dealer's license. |
| 4 | | (c) An importing distributor's license may be issued to and |
| 5 | | held by
those only who are duly licensed distributors, upon the |
| 6 | | filing of an
application by a duly licensed distributor, with |
| 7 | | the Commission and
the Commission shall, without the
payment of |
| 8 | | any fee, immediately issue such importing distributor's
|
| 9 | | license to the applicant, which shall allow the importation of |
| 10 | | alcoholic
liquor by the licensee into this State from any point |
| 11 | | in the United
States outside this State, and the purchase of |
| 12 | | alcoholic liquor in
barrels, casks or other bulk containers and |
| 13 | | the bottling of such
alcoholic liquors before resale thereof, |
| 14 | | but all bottles or containers
so filled shall be sealed, |
| 15 | | labeled, stamped and otherwise made to comply
with all |
| 16 | | provisions, rules and regulations governing manufacturers in
|
| 17 | | the preparation and bottling of alcoholic liquors. The |
| 18 | | importing
distributor's license shall permit such licensee to |
| 19 | | purchase alcoholic
liquor from Illinois licensed non-resident |
| 20 | | dealers and foreign importers only. No person licensed as an |
| 21 | | importing distributor shall be granted a non-resident dealer's |
| 22 | | license. |
| 23 | | (d) A retailer's license shall allow the licensee to sell |
| 24 | | and offer
for sale at retail, only in the premises specified in |
| 25 | | the license,
alcoholic liquor for use or consumption, but not |
| 26 | | for resale in any form. Nothing in Public Act 95-634 shall |
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| 1 | | deny, limit, remove, or restrict the ability of a holder of a |
| 2 | | retailer's license to transfer, deliver, or ship alcoholic |
| 3 | | liquor to the purchaser for use or consumption subject to any |
| 4 | | applicable local law or ordinance. Any retail license issued to |
| 5 | | a manufacturer shall only
permit the manufacturer to sell beer |
| 6 | | at retail on the premises actually
occupied by the |
| 7 | | manufacturer. For the purpose of further describing the type of |
| 8 | | business conducted at a retail licensed premises, a retailer's |
| 9 | | licensee may be designated by the State Commission as (i) an on |
| 10 | | premise consumption retailer, (ii) an off premise sale |
| 11 | | retailer, or (iii) a combined on premise consumption and off |
| 12 | | premise sale retailer.
|
| 13 | | Notwithstanding any other provision of this subsection |
| 14 | | (d), a retail
licensee may sell alcoholic liquors to a special |
| 15 | | event retailer licensee for
resale to the extent permitted |
| 16 | | under subsection (e). |
| 17 | | (e) A special event retailer's license (not-for-profit) |
| 18 | | shall permit the
licensee to purchase alcoholic liquors from an |
| 19 | | Illinois licensed distributor
(unless the licensee purchases |
| 20 | | less than $500 of alcoholic liquors for the
special event, in |
| 21 | | which case the licensee may purchase the alcoholic liquors
from |
| 22 | | a licensed retailer) and shall allow the licensee to sell and |
| 23 | | offer for
sale, at retail, alcoholic liquors for use or |
| 24 | | consumption, but not for resale
in any form and only at the |
| 25 | | location and on the specific dates designated for
the special |
| 26 | | event in the license. An applicant for a special event retailer
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| 1 | | license must
(i) furnish with the application: (A) a resale |
| 2 | | number issued under Section
2c of the Retailers' Occupation Tax |
| 3 | | Act or evidence that the applicant is
registered under Section |
| 4 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
| 5 | | exemption identification
number issued under Section 1g of the |
| 6 | | Retailers' Occupation Tax Act, and a
certification to the |
| 7 | | Commission that the purchase of alcoholic liquors will be
a |
| 8 | | tax-exempt purchase, or (C) a statement that the applicant is |
| 9 | | not registered
under Section 2a of the Retailers' Occupation |
| 10 | | Tax Act, does not hold a resale
number under Section 2c of the |
| 11 | | Retailers' Occupation Tax Act, and does not
hold an exemption |
| 12 | | number under Section 1g of the Retailers' Occupation Tax
Act, |
| 13 | | in which event the Commission shall set forth on the special |
| 14 | | event
retailer's license a statement to that effect; (ii) |
| 15 | | submit with the application proof satisfactory to
the State |
| 16 | | Commission that the applicant will provide dram shop liability
|
| 17 | | insurance in the maximum limits; and (iii) show proof |
| 18 | | satisfactory to the
State Commission that the applicant has |
| 19 | | obtained local authority
approval. |
| 20 | | (f) A railroad license shall permit the licensee to import |
| 21 | | alcoholic
liquors into this State from any point in the United |
| 22 | | States outside this
State and to store such alcoholic liquors |
| 23 | | in this State; to make wholesale
purchases of alcoholic liquors |
| 24 | | directly from manufacturers, foreign
importers, distributors |
| 25 | | and importing distributors from within or outside
this State; |
| 26 | | and to store such alcoholic liquors in this State; provided
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| 1 | | that the above powers may be exercised only in connection with |
| 2 | | the
importation, purchase or storage of alcoholic liquors to be |
| 3 | | sold or
dispensed on a club, buffet, lounge or dining car |
| 4 | | operated on an electric,
gas or steam railway in this State; |
| 5 | | and provided further, that railroad
licensees exercising the |
| 6 | | above powers shall be subject to all provisions of
Article VIII |
| 7 | | of this Act as applied to importing distributors. A railroad
|
| 8 | | license shall also permit the licensee to sell or dispense |
| 9 | | alcoholic
liquors on any club, buffet, lounge or dining car |
| 10 | | operated on an electric,
gas or steam railway regularly |
| 11 | | operated by a common carrier in this State,
but shall not |
| 12 | | permit the sale for resale of any alcoholic liquors to any
|
| 13 | | licensee within this State. A license shall be obtained for |
| 14 | | each car in which
such sales are made. |
| 15 | | (g) A boat license shall allow the sale of alcoholic liquor |
| 16 | | in
individual drinks, on any passenger boat regularly operated |
| 17 | | as a common
carrier on navigable waters in this State or on any |
| 18 | | riverboat operated
under
the Riverboat and Casino Gambling Act, |
| 19 | | which boat or riverboat maintains a public
dining room or |
| 20 | | restaurant thereon. |
| 21 | | (h) A non-beverage user's license shall allow the licensee |
| 22 | | to
purchase alcoholic liquor from a licensed manufacturer or |
| 23 | | importing
distributor, without the imposition of any tax upon |
| 24 | | the business of such
licensed manufacturer or importing |
| 25 | | distributor as to such alcoholic
liquor to be used by such |
| 26 | | licensee solely for the non-beverage purposes
set forth in |
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| 1 | | subsection (a) of Section 8-1 of this Act, and
such licenses |
| 2 | | shall be divided and classified and shall permit the
purchase, |
| 3 | | possession and use of limited and stated quantities of
|
| 4 | | alcoholic liquor as follows: |
| 5 | | Class 1, not to exceed ......................... 500 gallons
|
| 6 | | Class 2, not to exceed ....................... 1,000 gallons
|
| 7 | | Class 3, not to exceed ....................... 5,000 gallons
|
| 8 | | Class 4, not to exceed ...................... 10,000 gallons
|
| 9 | | Class 5, not to exceed ....................... 50,000 gallons |
| 10 | | (i) A wine-maker's premises license shall allow a
licensee |
| 11 | | that concurrently holds a first-class wine-maker's license to |
| 12 | | sell
and offer for sale at retail in the premises specified in |
| 13 | | such license
not more than 50,000 gallons of the first-class |
| 14 | | wine-maker's wine that is
made at the first-class wine-maker's |
| 15 | | licensed premises per year for use or
consumption, but not for |
| 16 | | resale in any form. A wine-maker's premises
license shall allow |
| 17 | | a licensee who concurrently holds a second-class
wine-maker's |
| 18 | | license to sell and offer for sale at retail in the premises
|
| 19 | | specified in such license up to 100,000 gallons of the
|
| 20 | | second-class wine-maker's wine that is made at the second-class |
| 21 | | wine-maker's
licensed premises per year
for use or consumption |
| 22 | | but not for resale in any form. A wine-maker's premises license |
| 23 | | shall allow a
licensee that concurrently holds a first-class |
| 24 | | wine-maker's license or a second-class
wine-maker's license to |
| 25 | | sell
and offer for sale at retail at the premises specified in |
| 26 | | the wine-maker's premises license, for use or consumption but |
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| 1 | | not for resale in any form, any beer, wine, and spirits |
| 2 | | purchased from a licensed distributor. Upon approval from the
|
| 3 | | State Commission, a wine-maker's premises license
shall allow |
| 4 | | the licensee to sell and offer for sale at (i) the wine-maker's
|
| 5 | | licensed premises and (ii) at up to 2 additional locations for |
| 6 | | use and
consumption and not for resale. Each location shall |
| 7 | | require additional
licensing per location as specified in |
| 8 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
|
| 9 | | secure liquor liability insurance coverage in an amount at
|
| 10 | | least equal to the maximum liability amounts set forth in
|
| 11 | | subsection (a) of Section 6-21 of this Act.
|
| 12 | | (j) An airplane license shall permit the licensee to import
|
| 13 | | alcoholic liquors into this State from any point in the United |
| 14 | | States
outside this State and to store such alcoholic liquors |
| 15 | | in this State; to
make wholesale purchases of alcoholic liquors |
| 16 | | directly from
manufacturers, foreign importers, distributors |
| 17 | | and importing
distributors from within or outside this State; |
| 18 | | and to store such
alcoholic liquors in this State; provided |
| 19 | | that the above powers may be
exercised only in connection with |
| 20 | | the importation, purchase or storage
of alcoholic liquors to be |
| 21 | | sold or dispensed on an airplane; and
provided further, that |
| 22 | | airplane licensees exercising the above powers
shall be subject |
| 23 | | to all provisions of Article VIII of this Act as
applied to |
| 24 | | importing distributors. An airplane licensee shall also
permit |
| 25 | | the sale or dispensing of alcoholic liquors on any passenger
|
| 26 | | airplane regularly operated by a common carrier in this State, |
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| 1 | | but shall
not permit the sale for resale of any alcoholic |
| 2 | | liquors to any licensee
within this State. A single airplane |
| 3 | | license shall be required of an
airline company if liquor |
| 4 | | service is provided on board aircraft in this
State. The annual |
| 5 | | fee for such license shall be as determined in
Section 5-3. |
| 6 | | (k) A foreign importer's license shall permit such licensee |
| 7 | | to purchase
alcoholic liquor from Illinois licensed |
| 8 | | non-resident dealers only, and to
import alcoholic liquor other |
| 9 | | than in bulk from any point outside the
United States and to |
| 10 | | sell such alcoholic liquor to Illinois licensed
importing |
| 11 | | distributors and to no one else in Illinois;
provided that (i) |
| 12 | | the foreign importer registers with the State Commission
every
|
| 13 | | brand of
alcoholic liquor that it proposes to sell to Illinois |
| 14 | | licensees during the
license period, (ii) the foreign importer |
| 15 | | complies with all of the provisions
of Section
6-9 of this Act |
| 16 | | with respect to registration of such Illinois licensees as may
|
| 17 | | be granted the
right to sell such brands at wholesale, and |
| 18 | | (iii) the foreign importer complies with the provisions of |
| 19 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
| 20 | | provisions apply to manufacturers. |
| 21 | | (l) (i) A broker's license shall be required of all persons
|
| 22 | | who solicit
orders for, offer to sell or offer to supply |
| 23 | | alcoholic liquor to
retailers in the State of Illinois, or who |
| 24 | | offer to retailers to ship or
cause to be shipped or to make |
| 25 | | contact with distillers, rectifiers,
brewers or manufacturers |
| 26 | | or any other party within or without the State
of Illinois in |
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| 1 | | order that alcoholic liquors be shipped to a distributor,
|
| 2 | | importing distributor or foreign importer, whether such |
| 3 | | solicitation or
offer is consummated within or without the |
| 4 | | State of Illinois. |
| 5 | | No holder of a retailer's license issued by the Illinois |
| 6 | | Liquor
Control Commission shall purchase or receive any |
| 7 | | alcoholic liquor, the
order for which was solicited or offered |
| 8 | | for sale to such retailer by a
broker unless the broker is the |
| 9 | | holder of a valid broker's license. |
| 10 | | The broker shall, upon the acceptance by a retailer of the |
| 11 | | broker's
solicitation of an order or offer to sell or supply or |
| 12 | | deliver or have
delivered alcoholic liquors, promptly forward |
| 13 | | to the Illinois Liquor
Control Commission a notification of |
| 14 | | said transaction in such form as
the Commission may by |
| 15 | | regulations prescribe. |
| 16 | | (ii) A broker's license shall be required of
a person |
| 17 | | within this State, other than a retail licensee,
who, for a fee |
| 18 | | or commission, promotes, solicits, or accepts orders for
|
| 19 | | alcoholic liquor, for use or consumption and not for
resale, to |
| 20 | | be shipped from this State and delivered to residents outside |
| 21 | | of
this State by an express company, common carrier, or |
| 22 | | contract carrier.
This Section does not apply to any person who |
| 23 | | promotes, solicits, or accepts
orders for wine as specifically |
| 24 | | authorized in Section 6-29 of this Act. |
| 25 | | A broker's license under this subsection (l)
shall not |
| 26 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
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| 1 | | own account or to take or deliver title to
such alcoholic |
| 2 | | liquors. |
| 3 | | This subsection (l)
shall not apply to distributors, |
| 4 | | employees of
distributors, or employees of a manufacturer who |
| 5 | | has registered the
trademark, brand or name of the alcoholic |
| 6 | | liquor pursuant to Section 6-9
of this Act, and who regularly |
| 7 | | sells such alcoholic liquor
in the State of Illinois only to |
| 8 | | its registrants thereunder. |
| 9 | | Any agent, representative, or person subject to |
| 10 | | registration pursuant to
subsection (a-1) of this Section shall |
| 11 | | not be eligible to receive a broker's
license. |
| 12 | | (m) A non-resident dealer's license shall permit such |
| 13 | | licensee to ship
into and warehouse alcoholic liquor into this |
| 14 | | State from any point
outside of this State, and to sell such |
| 15 | | alcoholic liquor to Illinois licensed
foreign importers and |
| 16 | | importing distributors and to no one else in this State;
|
| 17 | | provided that (i) said non-resident dealer shall register with |
| 18 | | the Illinois Liquor
Control Commission each and every brand of |
| 19 | | alcoholic liquor which it proposes
to sell to Illinois |
| 20 | | licensees during the license period, (ii) it shall comply with |
| 21 | | all of the provisions of Section 6-9 hereof with
respect to |
| 22 | | registration of such Illinois licensees as may be granted the |
| 23 | | right
to sell such brands at wholesale, and (iii) the |
| 24 | | non-resident dealer shall comply with the provisions of |
| 25 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
| 26 | | provisions apply to manufacturers. No person licensed as a |
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| 1 | | non-resident dealer shall be granted a distributor's or |
| 2 | | importing distributor's license. |
| 3 | | (n) A brew pub license shall allow the licensee to only (i) |
| 4 | | manufacture up to 155,000 gallons of beer per year only
on the |
| 5 | | premises specified in the license, (ii) make sales of the
beer |
| 6 | | manufactured on the premises or, with the approval of the |
| 7 | | Commission, beer manufactured on another brew pub licensed |
| 8 | | premises that is wholly owned and operated by the same licensee |
| 9 | | to importing distributors, distributors,
and to non-licensees |
| 10 | | for use and consumption, (iii) store the beer upon
the |
| 11 | | premises, (iv) sell and offer for sale at retail from the |
| 12 | | licensed
premises for off-premises
consumption no more than |
| 13 | | 155,000 gallons per year so long as such sales are only made |
| 14 | | in-person, (v) sell and offer for sale at retail for use and |
| 15 | | consumption on the premises specified in the license any form |
| 16 | | of alcoholic liquor purchased from a licensed distributor or |
| 17 | | importing distributor, and (vi) with the prior approval of the |
| 18 | | Commission, annually transfer no more than 155,000 gallons of |
| 19 | | beer manufactured on the premises to a licensed brew pub wholly |
| 20 | | owned and operated by the same licensee. |
| 21 | | A brew pub licensee shall not under any circumstance sell |
| 22 | | or offer for sale beer manufactured by the brew pub licensee to |
| 23 | | retail licensees. |
| 24 | | A person who holds a class 2 brewer license may |
| 25 | | simultaneously hold a brew pub license if the class 2 brewer |
| 26 | | (i) does not, under any circumstance, sell or offer for sale |
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| 1 | | beer manufactured by the class 2 brewer to retail licensees; |
| 2 | | (ii) does not hold more than 3 brew pub licenses in this State; |
| 3 | | (iii) does not manufacture more than a combined 3,720,000 |
| 4 | | gallons of beer per year, including the beer manufactured at |
| 5 | | the brew pub; and (iv) is not a member of or affiliated with, |
| 6 | | directly or indirectly, a manufacturer that produces more than |
| 7 | | 3,720,000 gallons of beer per year or any other alcoholic |
| 8 | | liquor. |
| 9 | | Notwithstanding any other provision of this Act, a licensed |
| 10 | | brewer, class 2 brewer, or non-resident dealer who before July |
| 11 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per |
| 12 | | year and held a brew pub license on or before July 1, 2015 may |
| 13 | | (i) continue to qualify for and hold that brew pub license for |
| 14 | | the licensed premises and (ii) manufacture more than 3,720,000 |
| 15 | | gallons of beer per year and continue to qualify for and hold |
| 16 | | that brew pub license if that brewer, class 2 brewer, or |
| 17 | | non-resident dealer does not simultaneously hold a class 1 |
| 18 | | brewer license and is not a member of or affiliated with, |
| 19 | | directly or indirectly, a manufacturer that produces more than |
| 20 | | 3,720,000 gallons of beer per year or that produces any other |
| 21 | | alcoholic liquor. |
| 22 | | (o) A caterer retailer license shall allow the holder
to |
| 23 | | serve alcoholic liquors as an incidental part of a food service |
| 24 | | that serves
prepared meals which excludes the serving of snacks |
| 25 | | as
the primary meal, either on or off-site whether licensed or |
| 26 | | unlicensed. |
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| 1 | | (p) An auction liquor license shall allow the licensee to |
| 2 | | sell and offer
for sale at auction wine and spirits for use or |
| 3 | | consumption, or for resale by
an Illinois liquor licensee in |
| 4 | | accordance with provisions of this Act. An
auction liquor |
| 5 | | license will be issued to a person and it will permit the
|
| 6 | | auction liquor licensee to hold the auction anywhere in the |
| 7 | | State. An auction
liquor license must be obtained for each |
| 8 | | auction at least 14 days in advance of
the auction date. |
| 9 | | (q) A special use permit license shall allow an Illinois |
| 10 | | licensed
retailer to transfer a portion of its alcoholic liquor |
| 11 | | inventory from its
retail licensed premises to the premises |
| 12 | | specified in the license hereby
created, and to sell or offer |
| 13 | | for sale at retail, only in the premises
specified in the |
| 14 | | license hereby created, the transferred alcoholic liquor for
|
| 15 | | use or consumption, but not for resale in any form. A special |
| 16 | | use permit
license may be granted for the following time |
| 17 | | periods: one day or less; 2 or
more days to a maximum of 15 days |
| 18 | | per location in any 12-month 12 month period. An
applicant for |
| 19 | | the special use permit license must also submit with the
|
| 20 | | application proof satisfactory to the State Commission that the |
| 21 | | applicant will
provide dram shop liability insurance to the |
| 22 | | maximum limits and have local
authority approval. |
| 23 | | (r) A winery shipper's license shall allow a person
with a |
| 24 | | first-class or second-class wine manufacturer's
license, a |
| 25 | | first-class or second-class wine-maker's license,
or a limited |
| 26 | | wine manufacturer's license or who is licensed to
make wine |
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| 1 | | under the laws of another state to ship wine
made by that |
| 2 | | licensee directly to a resident of this
State who is 21 years |
| 3 | | of age or older for that resident's
personal use and not for |
| 4 | | resale. Prior to receiving a
winery shipper's license, an |
| 5 | | applicant for the license must
provide the Commission with a |
| 6 | | true copy of its current
license in any state in which it is |
| 7 | | licensed as a manufacturer
of wine. An applicant for a winery |
| 8 | | shipper's license must
also complete an application form that |
| 9 | | provides any other
information the Commission deems necessary. |
| 10 | | The application form shall include all addresses from which the |
| 11 | | applicant for a winery shipper's license intends to ship wine, |
| 12 | | including the name and address of any third party, except for a |
| 13 | | common carrier, authorized to ship wine on behalf of the |
| 14 | | manufacturer. The
application form shall include an |
| 15 | | acknowledgement consenting
to the jurisdiction of the |
| 16 | | Commission, the Illinois
Department of Revenue, and the courts |
| 17 | | of this State concerning
the enforcement of this Act and any |
| 18 | | related laws, rules, and
regulations, including authorizing |
| 19 | | the Department of Revenue
and the Commission to conduct audits |
| 20 | | for the purpose of
ensuring compliance with Public Act 95-634, |
| 21 | | and an acknowledgement that the wine manufacturer is in |
| 22 | | compliance with Section 6-2 of this Act. Any third party, |
| 23 | | except for a common carrier, authorized to ship wine on behalf |
| 24 | | of a first-class or second-class wine manufacturer's licensee, |
| 25 | | a first-class or second-class wine-maker's licensee, a limited |
| 26 | | wine manufacturer's licensee, or a person who is licensed to |
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| 1 | | make wine under the laws of another state shall also be |
| 2 | | disclosed by the winery shipper's licensee, and a copy of the |
| 3 | | written appointment of the third-party wine provider, except |
| 4 | | for a common carrier, to the wine manufacturer shall be filed |
| 5 | | with the State Commission as a supplement to the winery |
| 6 | | shipper's license application or any renewal thereof. The |
| 7 | | winery shipper's license holder shall affirm under penalty of |
| 8 | | perjury, as part of the winery shipper's license application or |
| 9 | | renewal, that he or she only ships wine, either directly or |
| 10 | | indirectly through a third-party provider, from the licensee's |
| 11 | | own production. |
| 12 | | Except for a common carrier, a third-party provider |
| 13 | | shipping wine on behalf of a winery shipper's license holder is |
| 14 | | the agent of the winery shipper's license holder and, as such, |
| 15 | | a winery shipper's license holder is responsible for the acts |
| 16 | | and omissions of the third-party provider acting on behalf of |
| 17 | | the license holder. A third-party provider, except for a common |
| 18 | | carrier, that engages in shipping wine into Illinois on behalf |
| 19 | | of a winery shipper's license holder shall consent to the |
| 20 | | jurisdiction of the State Commission and the State. Any |
| 21 | | third-party, except for a common carrier, holding such an |
| 22 | | appointment shall, by February 1 of each calendar year, file |
| 23 | | with the State Commission a statement detailing each shipment |
| 24 | | made to an Illinois resident. The State Commission shall adopt |
| 25 | | rules as soon as practicable to implement the requirements of |
| 26 | | Public Act 99-904 this amendatory Act of the 99th General |
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| 1 | | Assembly and shall adopt rules prohibiting any such third-party |
| 2 | | appointment of a third-party provider, except for a common |
| 3 | | carrier, that has been deemed by the State Commission to have |
| 4 | | violated the provisions of this Act with regard to any winery |
| 5 | | shipper licensee. |
| 6 | | A winery shipper licensee must pay to the Department
of |
| 7 | | Revenue the State liquor gallonage tax under Section 8-1 for
|
| 8 | | all wine that is sold by the licensee and shipped to a person
|
| 9 | | in this State. For the purposes of Section 8-1, a winery
|
| 10 | | shipper licensee shall be taxed in the same manner as a
|
| 11 | | manufacturer of wine. A licensee who is not otherwise required |
| 12 | | to register under the Retailers' Occupation Tax Act must
|
| 13 | | register under the Use Tax Act to collect and remit use tax to
|
| 14 | | the Department of Revenue for all gallons of wine that are sold
|
| 15 | | by the licensee and shipped to persons in this State. If a
|
| 16 | | licensee fails to remit the tax imposed under this Act in
|
| 17 | | accordance with the provisions of Article VIII of this Act, the
|
| 18 | | winery shipper's license shall be revoked in accordance
with |
| 19 | | the provisions of Article VII of this Act. If a licensee
fails |
| 20 | | to properly register and remit tax under the Use Tax Act
or the |
| 21 | | Retailers' Occupation Tax Act for all wine that is sold
by the |
| 22 | | winery shipper and shipped to persons in this
State, the winery |
| 23 | | shipper's license shall be revoked in
accordance with the |
| 24 | | provisions of Article VII of this Act. |
| 25 | | A winery shipper licensee must collect, maintain, and
|
| 26 | | submit to the Commission on a semi-annual basis the
total |
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| 1 | | number of cases per resident of wine shipped to residents
of |
| 2 | | this State.
A winery shipper licensed under this subsection (r)
|
| 3 | | must comply with the requirements of Section 6-29 of this Act. |
| 4 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of |
| 5 | | Section 3-12, the State Commission may receive, respond to, and |
| 6 | | investigate any complaint and impose any of the remedies |
| 7 | | specified in paragraph (1) of subsection (a) of Section 3-12. |
| 8 | | (s) A craft distiller tasting permit license shall allow an |
| 9 | | Illinois licensed craft distiller to transfer a portion of its |
| 10 | | alcoholic liquor inventory from its craft distiller licensed |
| 11 | | premises to the premises specified in the license hereby |
| 12 | | created and to conduct a sampling, only in the premises |
| 13 | | specified in the license hereby created, of the transferred |
| 14 | | alcoholic liquor in accordance with subsection (c) of Section |
| 15 | | 6-31 of this Act. The transferred alcoholic liquor may not be |
| 16 | | sold or resold in any form. An applicant for the craft |
| 17 | | distiller tasting permit license must also submit with the |
| 18 | | application proof satisfactory to the State Commission that the |
| 19 | | applicant will provide dram shop liability insurance to the |
| 20 | | maximum limits and have local authority approval. |
| 21 | | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; |
| 22 | | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff. |
| 23 | | 7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, |
| 24 | | eff. 1-1-17; revised 9-15-16.)
|
| 25 | | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
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| 1 | | Sec. 6-30. Notwithstanding any other provision of this Act, |
| 2 | | the
Illinois Gaming Board shall have exclusive authority to |
| 3 | | establish the hours
for sale and consumption of alcoholic |
| 4 | | liquor on board a riverboat during
riverboat gambling |
| 5 | | excursions and in a casino conducted in accordance with the |
| 6 | | Riverboat and Casino
Gambling Act.
|
| 7 | | (Source: P.A. 87-826.)
|
| 8 | | Section 50. The Illinois Public Aid Code is amended by |
| 9 | | changing Section 10-17.15 as follows:
|
| 10 | | (305 ILCS 5/10-17.15) |
| 11 | | Sec. 10-17.15. Certification of information to State |
| 12 | | gaming licensees. |
| 13 | | (a) For purposes of this Section, "State gaming licensee" |
| 14 | | means, as applicable, an organization licensee or advance |
| 15 | | deposit wagering licensee licensed under the Illinois Horse |
| 16 | | Racing Act of 1975, an owners licensee licensed under the |
| 17 | | Riverboat and Casino Gambling Act, or a licensee that operates, |
| 18 | | under any law of this State, one or more facilities or gaming |
| 19 | | locations at which lawful gambling is authorized and licensed |
| 20 | | as provided in the Riverboat and Casino Gambling Act. |
| 21 | | (b) The Department may provide, by rule, for certification |
| 22 | | to any State gaming licensee of past due child support owed by |
| 23 | | a responsible relative under a support order entered by a court |
| 24 | | or administrative body of this or any other State on behalf of |
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| 1 | | a resident or non-resident receiving child support services |
| 2 | | under this Article in accordance with the requirements of Title |
| 3 | | IV-D, Part D, of the Social Security Act. The State gaming |
| 4 | | licensee shall have the ability to withhold from winnings |
| 5 | | required to be reported to the Internal Revenue Service on Form |
| 6 | | W-2G, up to the full amount of winnings necessary to pay the |
| 7 | | winner's past due child support. The rule shall provide for |
| 8 | | notice to and an opportunity to be heard by each responsible |
| 9 | | relative affected and any final administrative decision |
| 10 | | rendered by the Department shall be reviewed only under and in |
| 11 | | accordance with the Administrative Review Law. |
| 12 | | (c) For withholding of winnings, the State gaming licensee |
| 13 | | shall be entitled to an administrative fee not to exceed the |
| 14 | | lesser of 4% of the total amount of cash winnings paid to the |
| 15 | | gambling winner or $150. |
| 16 | | (d) In no event may the total amount withheld from the cash |
| 17 | | payout, including the administrative fee, exceed the total cash |
| 18 | | winnings claimed by the obligor. If the cash payout claimed is |
| 19 | | greater than the amount sufficient to satisfy the obligor's |
| 20 | | delinquent child support payments, the State gaming licensee |
| 21 | | shall pay the obligor the remaining balance of the payout, less |
| 22 | | the administrative fee authorized by subsection (c) of this |
| 23 | | Section, at the time it is claimed. |
| 24 | | (e) A State gaming licensee who in good faith complies with |
| 25 | | the requirements of this Section shall not be liable to the |
| 26 | | gaming winner or any other individual or entity.
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| 1 | | (Source: P.A. 98-318, eff. 8-12-13.)
|
| 2 | | Section 55. The Firearm Concealed Carry Act is amended by |
| 3 | | changing Section 65 as follows:
|
| 4 | | (430 ILCS 66/65)
|
| 5 | | Sec. 65. Prohibited areas. |
| 6 | | (a) A licensee under this Act shall not knowingly carry a |
| 7 | | firearm on or into: |
| 8 | | (1) Any building, real property, and parking area under |
| 9 | | the control of a public or private elementary or secondary |
| 10 | | school. |
| 11 | | (2) Any building, real property, and parking area under |
| 12 | | the control of a pre-school or child care facility, |
| 13 | | including any room or portion of a building under the |
| 14 | | control of a pre-school or child care facility. Nothing in |
| 15 | | this paragraph shall prevent the operator of a child care |
| 16 | | facility in a family home from owning or possessing a |
| 17 | | firearm in the home or license under this Act, if no child |
| 18 | | under child care at the home is present in the home or the |
| 19 | | firearm in the home is stored in a locked container when a |
| 20 | | child under child care at the home is present in the home. |
| 21 | | (3) Any building, parking area, or portion of a |
| 22 | | building under the control of an officer of the executive |
| 23 | | or legislative branch of government, provided that nothing |
| 24 | | in this paragraph shall prohibit a licensee from carrying a |
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| 1 | | concealed firearm onto the real property, bikeway, or trail |
| 2 | | in a park regulated by the Department of Natural Resources |
| 3 | | or any other designated public hunting area or building |
| 4 | | where firearm possession is permitted as established by the |
| 5 | | Department of Natural Resources under Section 1.8 of the |
| 6 | | Wildlife Code. |
| 7 | | (4) Any building designated for matters before a |
| 8 | | circuit court, appellate court, or the Supreme Court, or |
| 9 | | any building or portion of a building under the control of |
| 10 | | the Supreme Court. |
| 11 | | (5) Any building or portion of a building under the |
| 12 | | control of a unit of local government. |
| 13 | | (6) Any building, real property, and parking area under |
| 14 | | the control of an adult or juvenile detention or |
| 15 | | correctional institution, prison, or jail. |
| 16 | | (7) Any building, real property, and parking area under |
| 17 | | the control of a public or private hospital or hospital |
| 18 | | affiliate, mental health facility, or nursing home. |
| 19 | | (8) Any bus, train, or form of transportation paid for |
| 20 | | in whole or in part with public funds, and any building, |
| 21 | | real property, and parking area under the control of a |
| 22 | | public transportation facility paid for in whole or in part |
| 23 | | with public funds. |
| 24 | | (9) Any building, real property, and parking area under |
| 25 | | the control of an establishment that serves alcohol on its |
| 26 | | premises, if more than 50% of the establishment's gross |
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| 1 | | receipts within the prior 3 months is from the sale of |
| 2 | | alcohol. The owner of an establishment who knowingly fails |
| 3 | | to prohibit concealed firearms on its premises as provided |
| 4 | | in this paragraph or who knowingly makes a false statement |
| 5 | | or record to avoid the prohibition on concealed firearms |
| 6 | | under this paragraph is subject to the penalty under |
| 7 | | subsection (c-5) of Section 10-1 of the Liquor Control Act |
| 8 | | of 1934. |
| 9 | | (10) Any public gathering or special event conducted on |
| 10 | | property open to the public that requires the issuance of a |
| 11 | | permit from the unit of local government, provided this |
| 12 | | prohibition shall not apply to a licensee who must walk |
| 13 | | through a public gathering in order to access his or her |
| 14 | | residence, place of business, or vehicle. |
| 15 | | (11) Any building or real property that has been issued |
| 16 | | a Special Event Retailer's license as defined in Section |
| 17 | | 1-3.17.1 of the Liquor Control Act during the time |
| 18 | | designated for the sale of alcohol by the Special Event |
| 19 | | Retailer's license, or a Special use permit license as |
| 20 | | defined in subsection (q) of Section 5-1 of the Liquor |
| 21 | | Control Act during the time designated for the sale of |
| 22 | | alcohol by the Special use permit license. |
| 23 | | (12) Any public playground. |
| 24 | | (13) Any public park, athletic area, or athletic |
| 25 | | facility under the control of a municipality or park |
| 26 | | district, provided nothing in this Section shall prohibit a |
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| 1 | | licensee from carrying a concealed firearm while on a trail |
| 2 | | or bikeway if only a portion of the trail or bikeway |
| 3 | | includes a public park. |
| 4 | | (14) Any real property under the control of the Cook |
| 5 | | County Forest Preserve District. |
| 6 | | (15) Any building, classroom, laboratory, medical |
| 7 | | clinic, hospital, artistic venue, athletic venue, |
| 8 | | entertainment venue, officially recognized |
| 9 | | university-related organization property, whether owned or |
| 10 | | leased, and any real property, including parking areas, |
| 11 | | sidewalks, and common areas under the control of a public |
| 12 | | or private community college, college, or university. |
| 13 | | (16) Any building, real property, or parking area under |
| 14 | | the control of a gaming facility licensed under the |
| 15 | | Riverboat and Casino Gambling Act or the Illinois Horse |
| 16 | | Racing Act of 1975, including an inter-track wagering |
| 17 | | location licensee. |
| 18 | | (17) Any stadium, arena, or the real property or |
| 19 | | parking area under the control of a stadium, arena, or any |
| 20 | | collegiate or professional sporting event. |
| 21 | | (18) Any building, real property, or parking area under |
| 22 | | the control of a public library. |
| 23 | | (19) Any building, real property, or parking area under |
| 24 | | the control of an airport. |
| 25 | | (20) Any building, real property, or parking area under |
| 26 | | the control of an amusement park. |
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| 1 | | (21) Any building, real property, or parking area under |
| 2 | | the control of a zoo or museum. |
| 3 | | (22) Any street, driveway, parking area, property, |
| 4 | | building, or facility, owned, leased, controlled, or used |
| 5 | | by a nuclear energy, storage, weapons, or development site |
| 6 | | or facility regulated by the federal Nuclear Regulatory |
| 7 | | Commission. The licensee shall not under any circumstance |
| 8 | | store a firearm or ammunition in his or her vehicle or in a |
| 9 | | compartment or container within a vehicle located anywhere |
| 10 | | in or on the street, driveway, parking area, property, |
| 11 | | building, or facility described in this paragraph. |
| 12 | | (23) Any area where firearms are prohibited under |
| 13 | | federal law. |
| 14 | | (a-5) Nothing in this Act shall prohibit a public or |
| 15 | | private community college, college, or university from: |
| 16 | | (1) prohibiting persons from carrying a firearm within |
| 17 | | a vehicle owned, leased, or controlled by the college or |
| 18 | | university; |
| 19 | | (2) developing resolutions, regulations, or policies |
| 20 | | regarding student, employee, or visitor misconduct and |
| 21 | | discipline, including suspension and expulsion; |
| 22 | | (3) developing resolutions, regulations, or policies |
| 23 | | regarding the storage or maintenance of firearms, which |
| 24 | | must include designated areas where persons can park |
| 25 | | vehicles that carry firearms; and |
| 26 | | (4) permitting the carrying or use of firearms for the |
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| 1 | | purpose of instruction and curriculum of officially |
| 2 | | recognized programs, including but not limited to military |
| 3 | | science and law enforcement training programs, or in any |
| 4 | | designated area used for hunting purposes or target |
| 5 | | shooting. |
| 6 | | (a-10) The owner of private real property of any type may |
| 7 | | prohibit the carrying of concealed firearms on the property |
| 8 | | under his or her control. The owner must post a sign in |
| 9 | | accordance with subsection (d) of this Section indicating that |
| 10 | | firearms are prohibited on the property, unless the property is |
| 11 | | a private residence. |
| 12 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
| 13 | | this Section except under paragraph (22) or (23) of subsection |
| 14 | | (a), any licensee prohibited from carrying a concealed firearm |
| 15 | | into the parking area of a prohibited location specified in |
| 16 | | subsection (a), (a-5), or (a-10) of this Section shall be |
| 17 | | permitted to carry a concealed firearm on or about his or her |
| 18 | | person within a vehicle into the parking area and may store a |
| 19 | | firearm or ammunition concealed in a case within a locked |
| 20 | | vehicle or locked container out of plain view within the |
| 21 | | vehicle in the parking area. A licensee may carry a concealed |
| 22 | | firearm in the immediate area surrounding his or her vehicle |
| 23 | | within a prohibited parking lot area only for the limited |
| 24 | | purpose of storing or retrieving a firearm within the vehicle's |
| 25 | | trunk. For purposes of this subsection, "case" includes a glove |
| 26 | | compartment or console that completely encloses the concealed |
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| 1 | | firearm or ammunition, the trunk of the vehicle, or a firearm |
| 2 | | carrying box, shipping box, or other container. |
| 3 | | (c) A licensee shall not be in violation of this Section |
| 4 | | while he or she is traveling along a public right of way that |
| 5 | | touches or crosses any of the premises under subsection (a), |
| 6 | | (a-5), or (a-10) of this Section if the concealed firearm is |
| 7 | | carried on his or her person in accordance with the provisions |
| 8 | | of this Act or is being transported in a vehicle by the |
| 9 | | licensee in accordance with all other applicable provisions of |
| 10 | | law. |
| 11 | | (d) Signs stating that the carrying of firearms is |
| 12 | | prohibited shall be clearly and conspicuously posted at the |
| 13 | | entrance of a building, premises, or real property specified in |
| 14 | | this Section as a prohibited area, unless the building or |
| 15 | | premises is a private residence. Signs shall be of a uniform |
| 16 | | design as established by the Department and shall be 4 inches |
| 17 | | by 6 inches in size. The Department shall adopt rules for |
| 18 | | standardized signs to be used under this subsection.
|
| 19 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
|
| 20 | | Section 60. The Criminal Code of 2012 is amended by |
| 21 | | changing Sections 28-1, 28-1.1, 28-3,
28-5, and 28-7 as |
| 22 | | follows:
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| 23 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
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| 24 | | Sec. 28-1. Gambling.
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| 1 | | (a) A person commits gambling when he or she:
|
| 2 | | (1) knowingly plays a game of chance or skill for money |
| 3 | | or other thing of
value, unless excepted in subsection (b) |
| 4 | | of this Section;
|
| 5 | | (2) knowingly makes a wager upon the result of any |
| 6 | | game, contest, or any
political nomination, appointment or |
| 7 | | election;
|
| 8 | | (3) knowingly operates, keeps, owns, uses, purchases, |
| 9 | | exhibits, rents, sells,
bargains for the sale or lease of, |
| 10 | | manufactures or distributes any
gambling device;
|
| 11 | | (4) contracts to have or give himself or herself or |
| 12 | | another the option to buy
or sell, or contracts to buy or |
| 13 | | sell, at a future time, any grain or
other commodity |
| 14 | | whatsoever, or any stock or security of any company,
where |
| 15 | | it is at the time of making such contract intended by both |
| 16 | | parties
thereto that the contract to buy or sell, or the |
| 17 | | option, whenever
exercised, or the contract resulting |
| 18 | | therefrom, shall be settled, not by
the receipt or delivery |
| 19 | | of such property, but by the payment only of
differences in |
| 20 | | prices thereof; however, the issuance, purchase, sale,
|
| 21 | | exercise, endorsement or guarantee, by or through a person |
| 22 | | registered
with the Secretary of State pursuant to Section |
| 23 | | 8 of the Illinois
Securities Law of 1953, or by or through |
| 24 | | a person exempt from such
registration under said Section |
| 25 | | 8, of a put, call, or other option to
buy or sell |
| 26 | | securities which have been registered with the Secretary of
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| 1 | | State or which are exempt from such registration under |
| 2 | | Section 3 of the
Illinois Securities Law of 1953 is not |
| 3 | | gambling within the meaning of
this paragraph (4);
|
| 4 | | (5) knowingly owns or possesses any book, instrument or |
| 5 | | apparatus by
means of which bets or wagers have been, or |
| 6 | | are, recorded or registered,
or knowingly possesses any |
| 7 | | money which he has received in the course of
a bet or |
| 8 | | wager;
|
| 9 | | (6) knowingly sells pools upon the result of any game |
| 10 | | or contest of skill or
chance, political nomination, |
| 11 | | appointment or election;
|
| 12 | | (7) knowingly sets up or promotes any lottery or sells, |
| 13 | | offers to sell or
transfers any ticket or share for any |
| 14 | | lottery;
|
| 15 | | (8) knowingly sets up or promotes any policy game or |
| 16 | | sells, offers to sell or
knowingly possesses or transfers |
| 17 | | any policy ticket, slip, record,
document or other similar |
| 18 | | device;
|
| 19 | | (9) knowingly drafts, prints or publishes any lottery |
| 20 | | ticket or share,
or any policy ticket, slip, record, |
| 21 | | document or similar device, except for
such activity |
| 22 | | related to lotteries, bingo games and raffles authorized by
|
| 23 | | and conducted in accordance with the laws of Illinois or |
| 24 | | any other state or
foreign government;
|
| 25 | | (10) knowingly advertises any lottery or policy game, |
| 26 | | except for such
activity related to lotteries, bingo games |
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| 1 | | and raffles authorized by and
conducted in accordance with |
| 2 | | the laws of Illinois or any other state;
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| 3 | | (11) knowingly transmits information as to wagers, |
| 4 | | betting odds, or
changes in betting odds by telephone, |
| 5 | | telegraph, radio, semaphore or
similar means; or knowingly |
| 6 | | installs or maintains equipment for the
transmission or |
| 7 | | receipt of such information; except that nothing in this
|
| 8 | | subdivision (11) prohibits transmission or receipt of such |
| 9 | | information
for use in news reporting of sporting events or |
| 10 | | contests; or
|
| 11 | | (12) knowingly establishes, maintains, or operates an |
| 12 | | Internet site that
permits a person to play a game of
|
| 13 | | chance or skill for money or other thing of value by means |
| 14 | | of the Internet or
to make a wager upon the
result of any |
| 15 | | game, contest, political nomination, appointment, or
|
| 16 | | election by means of the Internet. This item (12) does not |
| 17 | | apply to activities referenced in items (6) and (6.1) of |
| 18 | | subsection (b) of this Section.
|
| 19 | | (b) Participants in any of the following activities shall |
| 20 | | not be
convicted of gambling:
|
| 21 | | (1) Agreements to compensate for loss caused by the |
| 22 | | happening of
chance including without limitation contracts |
| 23 | | of indemnity or guaranty
and life or health or accident |
| 24 | | insurance.
|
| 25 | | (2) Offers of prizes, award or compensation to the |
| 26 | | actual
contestants in any bona fide contest for the |
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| 1 | | determination of skill,
speed, strength or endurance or to |
| 2 | | the owners of animals or vehicles
entered in such contest.
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| 3 | | (3) Pari-mutuel betting as authorized by the law of |
| 4 | | this State.
|
| 5 | | (4) Manufacture of gambling devices, including the |
| 6 | | acquisition of
essential parts therefor and the assembly |
| 7 | | thereof, for transportation in
interstate or foreign |
| 8 | | commerce to any place outside this State when such
|
| 9 | | transportation is not prohibited by any applicable Federal |
| 10 | | law; or the
manufacture, distribution, or possession of |
| 11 | | video gaming terminals, as
defined in the Video Gaming Act, |
| 12 | | by manufacturers, distributors, and
terminal operators |
| 13 | | licensed to do so under the Video Gaming Act.
|
| 14 | | (5) The game commonly known as "bingo", when conducted |
| 15 | | in accordance
with the Bingo License and Tax Act.
|
| 16 | | (6) Lotteries when conducted by the State of Illinois |
| 17 | | in accordance
with the Illinois Lottery Law. This exemption |
| 18 | | includes any activity conducted by the Department of |
| 19 | | Revenue to sell lottery tickets pursuant to the provisions |
| 20 | | of the Illinois Lottery Law and its rules.
|
| 21 | | (6.1) The purchase of lottery tickets through the |
| 22 | | Internet for a lottery conducted by the State of Illinois |
| 23 | | under the program established in Section 7.12 of the |
| 24 | | Illinois Lottery Law.
|
| 25 | | (7) Possession of an antique slot machine that is |
| 26 | | neither used nor
intended to be used in the operation or |
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| 1 | | promotion of any unlawful
gambling activity or enterprise. |
| 2 | | For the purpose of this subparagraph
(b)(7), an antique |
| 3 | | slot machine is one manufactured 25 years ago or earlier.
|
| 4 | | (8) Raffles and poker runs when conducted in accordance |
| 5 | | with the Raffles and Poker Runs Act.
|
| 6 | | (9) Charitable games when conducted in accordance with |
| 7 | | the Charitable
Games Act.
|
| 8 | | (10) Pull tabs and jar games when conducted under the |
| 9 | | Illinois Pull
Tabs and Jar Games Act.
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| 10 | | (11) Gambling games conducted on riverboats when
|
| 11 | | authorized by the Riverboat and Casino Gambling Act.
|
| 12 | | (12) Video gaming terminal games at a licensed |
| 13 | | establishment, licensed truck stop establishment,
licensed
|
| 14 | | fraternal establishment, or licensed veterans |
| 15 | | establishment when
conducted in accordance with the Video |
| 16 | | Gaming Act. |
| 17 | | (13) Games of skill or chance where money or other |
| 18 | | things of value can be won but no payment or purchase is |
| 19 | | required to participate. |
| 20 | | (14) Savings promotion raffles authorized under |
| 21 | | Section 5g of the Illinois Banking Act, Section 7008 of the |
| 22 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union |
| 23 | | Act, Section 5136B of the National Bank Act (12 U.S.C. |
| 24 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. |
| 25 | | 1463). |
| 26 | | (c) Sentence.
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| 1 | | Gambling is a
Class A misdemeanor. A second or
subsequent |
| 2 | | conviction under subsections (a)(3) through (a)(12),
is a Class |
| 3 | | 4 felony.
|
| 4 | | (d) Circumstantial evidence.
|
| 5 | | In prosecutions under
this
Section circumstantial evidence |
| 6 | | shall have the same validity and weight as
in any criminal |
| 7 | | prosecution.
|
| 8 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
|
| 9 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
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| 10 | | Sec. 28-1.1. Syndicated gambling.
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| 11 | | (a) Declaration of Purpose. Recognizing the close |
| 12 | | relationship between
professional gambling and other organized |
| 13 | | crime, it is declared to be the
policy of the legislature to |
| 14 | | restrain persons from engaging in the business
of gambling for |
| 15 | | profit in this State. This Section shall be liberally
construed |
| 16 | | and administered with a view to carrying out this policy.
|
| 17 | | (b) A person commits syndicated gambling when he or she |
| 18 | | operates a "policy
game" or engages in the business of |
| 19 | | bookmaking.
|
| 20 | | (c) A person "operates a policy game" when he or she |
| 21 | | knowingly uses any
premises or property for the purpose of |
| 22 | | receiving or knowingly does
receive from what is commonly |
| 23 | | called "policy":
|
| 24 | | (1) money from a person other than the bettor or player |
| 25 | | whose
bets or plays are represented by the money; or
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| 1 | | (2) written "policy game" records, made or used over |
| 2 | | any
period of time, from a person other than the bettor or |
| 3 | | player whose bets
or plays are represented by the written |
| 4 | | record.
|
| 5 | | (d) A person engages in bookmaking when he or she knowingly |
| 6 | | receives or accepts more
than five bets or wagers upon the |
| 7 | | result of any trials or contests of
skill, speed or power of |
| 8 | | endurance or upon any lot, chance, casualty,
unknown or |
| 9 | | contingent event whatsoever, which bets or wagers shall be of
|
| 10 | | such size that the total of the amounts of money paid or |
| 11 | | promised to be
paid to the bookmaker on account thereof shall |
| 12 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets |
| 13 | | or wagers
regardless of the form or manner in which the |
| 14 | | bookmaker records them.
|
| 15 | | (e) Participants in any of the following activities shall |
| 16 | | not be
convicted of syndicated gambling:
|
| 17 | | (1) Agreements to compensate for loss caused by the |
| 18 | | happening
of chance including without limitation contracts |
| 19 | | of indemnity or
guaranty and life or health or accident |
| 20 | | insurance;
|
| 21 | | (2) Offers of prizes, award or compensation to the |
| 22 | | actual
contestants in any bona fide contest for the |
| 23 | | determination of skill,
speed, strength or endurance or to |
| 24 | | the owners of animals or vehicles
entered in the contest;
|
| 25 | | (3) Pari-mutuel betting as authorized by law of this |
| 26 | | State;
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| 1 | | (4) Manufacture of gambling devices, including the |
| 2 | | acquisition
of essential parts therefor and the assembly |
| 3 | | thereof, for transportation
in interstate or foreign |
| 4 | | commerce to any place outside this State when
the |
| 5 | | transportation is not prohibited by any applicable Federal |
| 6 | | law;
|
| 7 | | (5) Raffles and poker runs when conducted in accordance |
| 8 | | with the Raffles and Poker Runs Act;
|
| 9 | | (6) Gambling games conducted on riverboats or in |
| 10 | | casinos when
authorized by the Riverboat and Casino |
| 11 | | Gambling Act;
|
| 12 | | (7) Video gaming terminal games at a licensed |
| 13 | | establishment, licensed truck stop establishment,
licensed
|
| 14 | | fraternal establishment, or licensed veterans |
| 15 | | establishment
when conducted in accordance with the Video |
| 16 | | Gaming Act; and
|
| 17 | | (8) Savings promotion raffles authorized under Section |
| 18 | | 5g of the Illinois Banking Act, Section 7008 of the Savings |
| 19 | | Bank Act, Section 42.7 of the Illinois Credit Union Act, |
| 20 | | Section 5136B of the National Bank Act (12 U.S.C. 25a), or |
| 21 | | Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). |
| 22 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
|
| 23 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
|
| 24 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
|
| 25 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is |
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| 1 | | any real
estate, vehicle, boat or any other property whatsoever |
| 2 | | used for the
purposes of gambling other than gambling conducted |
| 3 | | in the manner authorized
by the Riverboat and Casino Gambling |
| 4 | | Act or the Video Gaming Act. Any person who
knowingly permits |
| 5 | | any premises
or property owned or occupied by him or under his |
| 6 | | control to be used as a
gambling place commits a Class A |
| 7 | | misdemeanor. Each subsequent offense is a
Class 4 felony. When |
| 8 | | any premises is determined by the circuit court to be
a |
| 9 | | gambling place:
|
| 10 | | (a) Such premises is a public nuisance and may be proceeded |
| 11 | | against as such,
and
|
| 12 | | (b) All licenses, permits or certificates issued by the |
| 13 | | State of
Illinois or any subdivision or public agency thereof |
| 14 | | authorizing the
serving of food or liquor on such premises |
| 15 | | shall be void; and no license,
permit or certificate so |
| 16 | | cancelled shall be reissued for such premises for
a period of |
| 17 | | 60 days thereafter; nor shall any person convicted of keeping a
|
| 18 | | gambling place be reissued such license
for one year from his |
| 19 | | conviction and, after a second conviction of keeping
a gambling |
| 20 | | place, any such person shall not be reissued such license, and
|
| 21 | | (c) Such premises of any person who knowingly permits |
| 22 | | thereon a
violation of any Section of this Article shall be |
| 23 | | held liable for, and may
be sold to pay any unsatisfied |
| 24 | | judgment that may be recovered and any
unsatisfied fine that |
| 25 | | may be levied under any Section of this Article.
|
| 26 | | (Source: P.A. 96-34, eff. 7-13-09.)
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| 1 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
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| 2 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
|
| 3 | | (a) Every device designed for gambling which is incapable |
| 4 | | of lawful use
or every device used unlawfully for gambling |
| 5 | | shall be considered a
"gambling device", and shall be subject |
| 6 | | to seizure, confiscation and
destruction by the Department of |
| 7 | | State Police or by any municipal, or other
local authority, |
| 8 | | within whose jurisdiction the same may be found. As used
in |
| 9 | | this Section, a "gambling device" includes any slot machine, |
| 10 | | and
includes any machine or device constructed for the |
| 11 | | reception of money or
other thing of value and so constructed |
| 12 | | as to return, or to cause someone
to return, on chance to the |
| 13 | | player thereof money, property or a right to
receive money or |
| 14 | | property. With the exception of any device designed for
|
| 15 | | gambling which is incapable of lawful use, no gambling device |
| 16 | | shall be
forfeited or destroyed unless an individual with a |
| 17 | | property interest in
said device knows of the unlawful use of |
| 18 | | the device.
|
| 19 | | (b) Every gambling device shall be seized and forfeited to |
| 20 | | the county
wherein such seizure occurs. Any money or other |
| 21 | | thing of value integrally
related to acts of gambling shall be |
| 22 | | seized and forfeited to the county
wherein such seizure occurs.
|
| 23 | | (c) If, within 60 days after any seizure pursuant to |
| 24 | | subparagraph
(b) of this Section, a person having any property |
| 25 | | interest in the seized
property is charged with an offense, the |
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| 1 | | court which renders judgment
upon such charge shall, within 30 |
| 2 | | days after such judgment, conduct a
forfeiture hearing to |
| 3 | | determine whether such property was a gambling device
at the |
| 4 | | time of seizure. Such hearing shall be commenced by a written
|
| 5 | | petition by the State, including material allegations of fact, |
| 6 | | the name
and address of every person determined by the State to |
| 7 | | have any property
interest in the seized property, a |
| 8 | | representation that written notice of
the date, time and place |
| 9 | | of such hearing has been mailed to every such
person by |
| 10 | | certified mail at least 10 days before such date, and a
request |
| 11 | | for forfeiture. Every such person may appear as a party and
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| 12 | | present evidence at such hearing. The quantum of proof required |
| 13 | | shall
be a preponderance of the evidence, and the burden of |
| 14 | | proof shall be on
the State. If the court determines that the |
| 15 | | seized property was
a gambling device at the time of seizure, |
| 16 | | an order of forfeiture and
disposition of the seized property |
| 17 | | shall be entered: a gambling device
shall be received by the |
| 18 | | State's Attorney, who shall effect its
destruction, except that |
| 19 | | valuable parts thereof may be liquidated and
the resultant |
| 20 | | money shall be deposited in the general fund of the county
|
| 21 | | wherein such seizure occurred; money and other things of value |
| 22 | | shall be
received by the State's Attorney and, upon |
| 23 | | liquidation, shall be
deposited in the general fund of the |
| 24 | | county wherein such seizure
occurred. However, in the event |
| 25 | | that a defendant raises the defense
that the seized slot |
| 26 | | machine is an antique slot machine described in
subparagraph |
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| 1 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
| 2 | | from the charge of a gambling activity participant, the seized
|
| 3 | | antique slot machine shall not be destroyed or otherwise |
| 4 | | altered until a
final determination is made by the Court as to |
| 5 | | whether it is such an
antique slot machine. Upon a final |
| 6 | | determination by the Court of this
question in favor of the |
| 7 | | defendant, such slot machine shall be
immediately returned to |
| 8 | | the defendant. Such order of forfeiture and
disposition shall, |
| 9 | | for the purposes of appeal, be a final order and
judgment in a |
| 10 | | civil proceeding.
|
| 11 | | (d) If a seizure pursuant to subparagraph (b) of this |
| 12 | | Section is not
followed by a charge pursuant to subparagraph |
| 13 | | (c) of this Section, or if
the prosecution of such charge is |
| 14 | | permanently terminated or indefinitely
discontinued without |
| 15 | | any judgment of conviction or acquittal (1) the
State's |
| 16 | | Attorney shall commence an in rem proceeding for the forfeiture
|
| 17 | | and destruction of a gambling device, or for the forfeiture and |
| 18 | | deposit
in the general fund of the county of any seized money |
| 19 | | or other things of
value, or both, in the circuit court and (2) |
| 20 | | any person having any
property interest in such seized gambling |
| 21 | | device, money or other thing
of value may commence separate |
| 22 | | civil proceedings in the manner provided
by law.
|
| 23 | | (e) Any gambling device displayed for sale to a riverboat |
| 24 | | gambling
operation or casino gambling operation or used to |
| 25 | | train occupational licensees of a riverboat gambling
operation |
| 26 | | or casino gambling operation as authorized under the Riverboat |
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| 1 | | and Casino Gambling Act is exempt from
seizure under this |
| 2 | | Section.
|
| 3 | | (f) Any gambling equipment, devices and supplies provided |
| 4 | | by a licensed
supplier in accordance with the Riverboat and |
| 5 | | Casino Gambling Act which are removed
from a the riverboat or |
| 6 | | casino for repair are exempt from seizure under this Section.
|
| 7 | | (g) The following video gaming terminals are exempt from |
| 8 | | seizure under this Section: |
| 9 | | (1) Video gaming terminals for sale to a licensed |
| 10 | | distributor or operator under the Video Gaming Act. |
| 11 | | (2) Video gaming terminals used to train licensed |
| 12 | | technicians or licensed terminal handlers. |
| 13 | | (3) Video gaming terminals that are removed from a |
| 14 | | licensed establishment, licensed truck stop establishment,
|
| 15 | | licensed
fraternal establishment, or licensed veterans |
| 16 | | establishment for repair. |
| 17 | | (Source: P.A. 98-31, eff. 6-24-13.)
|
| 18 | | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
|
| 19 | | Sec. 28-7. Gambling contracts void.
|
| 20 | | (a) All promises, notes, bills, bonds, covenants, |
| 21 | | contracts, agreements,
judgments, mortgages, or other |
| 22 | | securities or conveyances made, given,
granted, drawn, or |
| 23 | | entered into, or executed by any person whatsoever,
where the |
| 24 | | whole or any part of the consideration thereof is for any
money |
| 25 | | or thing of value, won or obtained in violation of any Section |
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| 1 | | of
this Article are null and void.
|
| 2 | | (b) Any obligation void under this Section may be set aside |
| 3 | | and vacated
by any court of competent jurisdiction, upon a |
| 4 | | complaint filed for that
purpose, by the person so granting, |
| 5 | | giving, entering into, or executing the
same, or by his |
| 6 | | executors or administrators, or by any creditor, heir,
legatee, |
| 7 | | purchaser or other person interested therein; or if a judgment,
|
| 8 | | the same may be set aside on motion of any person stated above, |
| 9 | | on due
notice thereof given.
|
| 10 | | (c) No assignment of any obligation void under this Section |
| 11 | | may in any
manner affect the defense of the person giving, |
| 12 | | granting, drawing, entering
into or executing such obligation, |
| 13 | | or the remedies of any person interested
therein.
|
| 14 | | (d) This Section shall not prevent a licensed owner or |
| 15 | | licensed manager of a riverboat
gambling operation or casino |
| 16 | | gambling operation from instituting a cause of
action to |
| 17 | | collect any amount due and owing under an extension of credit |
| 18 | | to a
riverboat gambling patron as authorized under Section 11.1 |
| 19 | | of the
Riverboat and Casino Gambling Act.
|
| 20 | | (Source: P.A. 87-826.)
|
| 21 | | Section 65. The Payday Loan Reform Act is amended by |
| 22 | | changing Section 3-5 as follows:
|
| 23 | | (815 ILCS 122/3-5)
|
| 24 | | Sec. 3-5. Licensure. |
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| 1 | | (a) A license to make a payday loan shall state the |
| 2 | | address,
including city and state, at which
the business is to |
| 3 | | be conducted and shall state fully the name of the licensee.
|
| 4 | | The license shall be conspicuously posted in the place of |
| 5 | | business of the
licensee and shall not be transferable or |
| 6 | | assignable.
|
| 7 | | (b) An application for a license shall be in writing and in |
| 8 | | a form
prescribed by the Secretary. The Secretary may not issue |
| 9 | | a payday loan
license unless and until the following findings |
| 10 | | are made:
|
| 11 | | (1) that the financial responsibility, experience, |
| 12 | | character, and general
fitness of the applicant are such as |
| 13 | | to command the confidence of the public
and to warrant the |
| 14 | | belief that the business will be operated lawfully and
|
| 15 | | fairly and within the provisions and purposes of this Act; |
| 16 | | and
|
| 17 | | (2) that the applicant has submitted such other |
| 18 | | information as the
Secretary may deem necessary.
|
| 19 | | (c) A license shall be issued for no longer than one year, |
| 20 | | and no renewal
of a license may be provided if a licensee has |
| 21 | | substantially violated this
Act and has not cured the violation |
| 22 | | to the satisfaction of the Department.
|
| 23 | | (d) A licensee shall appoint, in writing, the Secretary as |
| 24 | | attorney-in-fact
upon whom all lawful process against the |
| 25 | | licensee may be served with the
same legal force and validity |
| 26 | | as if served on the licensee. A copy of the
written |
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| 1 | | appointment, duly certified, shall be filed in the office of |
| 2 | | the
Secretary, and a copy thereof certified by the Secretary |
| 3 | | shall be sufficient
evidence to subject a licensee to |
| 4 | | jurisdiction in a court of law. This appointment shall remain |
| 5 | | in effect while any liability remains
outstanding in this State |
| 6 | | against the licensee. When summons is served upon
the Secretary |
| 7 | | as attorney-in-fact for a licensee, the Secretary shall |
| 8 | | immediately
notify the licensee by registered mail, enclosing |
| 9 | | the summons and specifying
the hour and day of service.
|
| 10 | | (e) A licensee must pay an annual fee of $1,000. In |
| 11 | | addition to the
license fee, the reasonable expense of any |
| 12 | | examination or hearing
by the Secretary under any provisions of |
| 13 | | this Act shall be borne by
the licensee. If a licensee fails to |
| 14 | | renew its license by December 31,
its license
shall |
| 15 | | automatically expire; however, the Secretary, in his or her |
| 16 | | discretion,
may reinstate an expired license upon:
|
| 17 | | (1) payment of the annual fee within 30 days of the |
| 18 | | date of
expiration; and
|
| 19 | | (2) proof of good cause for failure to renew.
|
| 20 | | (f) Not more than one place of business shall be maintained |
| 21 | | under the
same license, but the Secretary may issue more than |
| 22 | | one license to the same
licensee upon compliance with all the |
| 23 | | provisions of this Act governing
issuance of a single license. |
| 24 | | The location, except those locations already in
existence as of |
| 25 | | June 1, 2005, may not be within one mile of a
horse race track |
| 26 | | subject to the Illinois Horse Racing Act of 1975,
within one |
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| 1 | | mile of a facility at which gambling is conducted under the
|
| 2 | | Riverboat and Casino Gambling Act, within one mile of the |
| 3 | | location at which a
riverboat subject to the Riverboat and |
| 4 | | Casino Gambling Act docks, or within one mile of
any State of |
| 5 | | Illinois or United States military base or naval installation.
|
| 6 | | (g) No licensee shall conduct the business of making loans |
| 7 | | under this
Act within any office, suite, room, or place of |
| 8 | | business in which (1) any loans are offered or made under the |
| 9 | | Consumer Installment Loan Act other than title secured loans as |
| 10 | | defined in subsection (a) of Section 15 of the Consumer |
| 11 | | Installment Loan Act and governed by Title 38, Section 110.330 |
| 12 | | of the Illinois Administrative Code or (2) any other
business |
| 13 | | is solicited or engaged in unless the other business is |
| 14 | | licensed by the Department or, in the opinion of the Secretary, |
| 15 | | the
other business would not be contrary to the best interests |
| 16 | | of consumers and
is authorized by the Secretary in writing.
|
| 17 | | (g-5) Notwithstanding subsection (g) of this Section, a |
| 18 | | licensee may obtain a license under the Consumer Installment |
| 19 | | Loan Act (CILA) for the exclusive purpose and use of making |
| 20 | | title secured loans, as defined in subsection (a) of Section 15 |
| 21 | | of CILA and governed by Title 38, Section 110.300 of the |
| 22 | | Illinois Administrative Code. A licensee may continue to |
| 23 | | service Consumer Installment Loan Act loans that were |
| 24 | | outstanding as of the effective date of this amendatory Act of |
| 25 | | the 96th General Assembly. |
| 26 | | (h) The Secretary shall maintain a list of licensees that |
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| 1 | | shall be
available to interested consumers and lenders and the |
| 2 | | public. The Secretary
shall maintain a toll-free number whereby |
| 3 | | consumers may obtain
information about licensees. The |
| 4 | | Secretary shall also establish a complaint
process under which |
| 5 | | an aggrieved consumer
may file a complaint against a licensee |
| 6 | | or non-licensee who violates any
provision of this Act.
|
| 7 | | (Source: P.A. 96-936, eff. 3-21-11.)
|
| 8 | | Section 70. The Travel Promotion Consumer Protection Act is |
| 9 | | amended by changing Section 2 as follows:
|
| 10 | | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
|
| 11 | | Sec. 2. Definitions.
|
| 12 | | (a) "Travel promoter" means a person, including a tour |
| 13 | | operator, who sells,
provides, furnishes, contracts for, |
| 14 | | arranges or advertises that he or she will
arrange wholesale or |
| 15 | | retail transportation by air, land, sea or navigable
stream, |
| 16 | | either separately or in conjunction with other services. |
| 17 | | "Travel
promoter" does not include (1) an air carrier; (2) a |
| 18 | | sea carrier; (3) an
officially appointed agent of an air |
| 19 | | carrier who is a member in good standing
of the Airline |
| 20 | | Reporting Corporation; (4) a travel promoter who has in
force |
| 21 | | $1,000,000 or more of liability insurance coverage for |
| 22 | | professional
errors and omissions and a surety bond or |
| 23 | | equivalent surety in the amount of
$100,000 or more for the |
| 24 | | benefit of consumers in the event of a bankruptcy on
the part |
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| 1 | | of the travel promoter; or (5) a riverboat subject to |
| 2 | | regulation under
the Riverboat and Casino Gambling Act.
|
| 3 | | (b) "Advertise" means to make any representation in the |
| 4 | | solicitation of
passengers and includes communication with |
| 5 | | other members of the same
partnership, corporation, joint |
| 6 | | venture, association, organization, group or
other entity.
|
| 7 | | (c) "Passenger" means a person on whose behalf money or |
| 8 | | other
consideration has been given or is to be given to |
| 9 | | another, including
another member of the same partnership, |
| 10 | | corporation, joint venture,
association, organization, group |
| 11 | | or other entity, for travel.
|
| 12 | | (d) "Ticket or voucher" means a writing or combination of |
| 13 | | writings which
is itself good and sufficient to obtain
|
| 14 | | transportation and other services for which the passenger has |
| 15 | | contracted.
|
| 16 | | (Source: P.A. 91-357, eff. 7-29-99.)
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INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 20 ILCS 301/5-20 | | | | 4 | | 20 ILCS 2505/2505-305 | was 20 ILCS 2505/39b15.1 | | | 5 | | 30 ILCS 105/6z-45 | | | | 6 | | 70 ILCS 1825/5.1 | from Ch. 19, par. 255.1 | | | 7 | | 205 ILCS 670/12.5 | | | | 8 | | 230 ILCS 5/54 | | | | 9 | | 230 ILCS 5/54.75 | | | | 10 | | 230 ILCS 10/1 | from Ch. 120, par. 2401 | | | 11 | | 230 ILCS 10/3 | from Ch. 120, par. 2403 | | | 12 | | 230 ILCS 10/4 | from Ch. 120, par. 2404 | | | 13 | | 230 ILCS 10/5 | from Ch. 120, par. 2405 | | | 14 | | 230 ILCS 10/5.1 | from Ch. 120, par. 2405.1 | | | 15 | | 230 ILCS 10/6 | from Ch. 120, par. 2406 | | | 16 | | 230 ILCS 10/7 | from Ch. 120, par. 2407 | | | 17 | | 230 ILCS 10/7.3 | | | | 18 | | 230 ILCS 10/7.4 | | | | 19 | | 230 ILCS 10/8 | from Ch. 120, par. 2408 | | | 20 | | 230 ILCS 10/9 | from Ch. 120, par. 2409 | | | 21 | | 230 ILCS 10/11 | from Ch. 120, par. 2411 | | | 22 | | 230 ILCS 10/11.1 | from Ch. 120, par. 2411.1 | | | 23 | | 230 ILCS 10/12 | from Ch. 120, par. 2412 | | | 24 | | 230 ILCS 10/13 | from Ch. 120, par. 2413 | | | 25 | | 230 ILCS 10/18 | from Ch. 120, par. 2418 | |
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