HB5017 EngrossedLRB098 16514 ZMM 51581 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Charitable Games Act is amended by changing
5Sections 4, 5.1, and 8 as follows:
 
6    (230 ILCS 30/4)  (from Ch. 120, par. 1124)
7    Sec. 4. Licensing Restrictions. Licensing for the
8conducting of charitable games is subject to the following
9restrictions:
10        (1) The license application, when submitted to the
11    Department of Revenue, must contain a sworn statement
12    attesting to the not-for-profit character of the
13    prospective licensee organization, signed by a person
14    listed on the application as an owner, officer, or other
15    person in charge of the necessary day-to-day operations.
16    The application shall contain the name of the person in
17    charge of and primarily responsible for the conduct of the
18    charitable games. The person so designated shall be present
19    on the premises continuously during charitable games.
20        (2) The license application shall be prepared by the
21    prospective licensee organization or its duly authorized
22    representative in accordance with the rules of the
23    Department of Revenue.

 

 

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1        (2.1) The organization shall maintain among its books
2    and records a list of the names, addresses, social security
3    numbers, and dates of birth of all persons who will
4    participate in the management or operation of the games,
5    along with a sworn statement made under penalties of
6    perjury, signed by a person listed on the application as an
7    owner, officer, or other person in charge of the necessary
8    day-to-day operations, that the persons listed as
9    participating in the management or operation of the games
10    are bona fide members, volunteers as defined in Section 2,
11    or employees of the applicant, that these persons have not
12    participated in the management or operation of more than 12
13    charitable games events conducted by any licensee in the
14    calendar year, and that these persons will receive no
15    remuneration or compensation, directly or indirectly from
16    any source, for participating in the management or
17    operation of the games. Any amendments to this listing must
18    contain an identical sworn statement.
19        (2.2) (Blank).
20        (3) Each license shall state the date, hours and at
21    what locations the licensee is permitted to conduct
22    charitable games.
23        (4) Each licensee shall file a copy of the license with
24    each police department or, if in unincorporated areas, each
25    sheriff's office whose jurisdiction includes the premises
26    on which the charitable games are authorized under the

 

 

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1    license.
2        (5) The licensee shall prominently display the license
3    in the area where the licensee is to conduct charitable
4    games. The licensee shall likewise display, in the form and
5    manner prescribed by the Department, the provisions of
6    Section 9 of this Act.
7        (6) (Blank).
8        (7) (Blank).
9        (8) A license is not assignable or transferable.
10        (9) Unless the premises for conducting charitable
11    games are provided by a municipality, the Department shall
12    not issue a license permitting a person, firm or
13    corporation to sponsor a charitable games night if the
14    premises for the conduct of the charitable games has been
15    previously used for 12 charitable games nights during the
16    previous 12 months.
17        (10) Auxiliary organizations of a licensee shall not be
18    eligible for a license to conduct charitable games, except
19    for auxiliary organizations of veterans organizations as
20    authorized in Section 2.
21        (11) Charitable games must be conducted in accordance
22    with local building and fire code requirements.
23        (12) The licensee shall consent to allowing the
24    Department's employees to be present on the premises
25    wherein the charitable games are conducted and to inspect
26    or test equipment, devices and supplies used in the conduct

 

 

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1    of the game.
2    Nothing in this Section shall be construed to prohibit a
3licensee that conducts charitable games on its own premises
4from also obtaining a providers' license in accordance with
5Section 5.1. The maximum number of charitable games events that
6may be held in any one premises is limited to no more than 12
7charitable games events per calendar year one charitable games
8event per month.
9(Source: P.A. 98-377, eff. 1-1-14.)
 
10    (230 ILCS 30/5.1)  (from Ch. 120, par. 1125.1)
11    Sec. 5.1. If a licensee conducts charitable games on its
12own premises, the licensee may also obtain a providers' license
13in accordance with Section 5 to allow the licensee to rent or
14otherwise provide its premises to another licensee for the
15conducting of an additional 4 charitable games events. The
16maximum number of charitable games events that may be held at
17any one premises is limited to 12 8 charitable games events per
18calendar year.
19(Source: P.A. 94-986, eff. 6-30-06.)
 
20    (230 ILCS 30/8)  (from Ch. 120, par. 1128)
21    Sec. 8. The conducting of charitable games is subject to
22the following restrictions:
23        (1) The entire net proceeds from charitable games must
24    be exclusively devoted to the lawful purposes of the

 

 

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1    organization permitted to conduct that game.
2        (2) No person except a bona fide member or employee of
3    the sponsoring organization, or a volunteer recruited by
4    the sponsoring organization, may participate in the
5    management or operation of the game. A person participates
6    in the management or operation of a charitable game when he
7    or she sells admission tickets at the event; sells,
8    redeems, or in any way assists in the selling or redeeming
9    of chips, scrip, or play money; participates in the
10    conducting of any of the games played during the event, or
11    supervises, directs or instructs anyone conducting a game;
12    or at any time during the hours of the charitable games
13    event counts, handles, or supervises anyone counting or
14    handling any of the proceeds or chips, scrip, or play money
15    at the event. A person who is present to ensure that the
16    games are being conducted in conformance with the rules
17    established by the licensed organization or is present to
18    insure that the equipment is working properly is considered
19    to be participating in the management or operation of a
20    game. Setting up, cleaning up, selling food and drink, or
21    providing security for persons or property at the event
22    does not constitute participation in the management or
23    operation of the game.
24        Only bona fide members, volunteers as defined in
25    Section 2 of this Act, and employees of the sponsoring
26    organization may participate in the management or

 

 

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1    operation of the games. Participation in the management or
2    operation of the games is limited to no more than 12
3    charitable games events, either of the sponsoring
4    organization or any other licensed organization, during a
5    calendar year.
6        (3) No person may receive any remuneration or
7    compensation either directly or indirectly from any source
8    for participating in the management or operation of the
9    game.
10        (4) No single bet at any house-banked game may exceed
11    $20.
12        (5) A bank shall be established on the premises to
13    convert currency into chips, scrip, or other form of play
14    money which shall then be used to play at games of chance
15    which the participant chooses. Chips, scrip, or play money
16    must be permanently monogrammed with the supplier license
17    number or logo or charitable games license number of a
18    licensed organization or of the supplier. Each participant
19    must be issued a receipt indicating the amount of chips,
20    scrip, or play money purchased.
21        (6) At the conclusion of the event or when the
22    participant leaves, he or she may cash in his or her chips,
23    scrip, or play money in exchange for currency not to exceed
24    $500 in cash winnings or unlimited noncash prizes. Each
25    participant shall sign for any receipt of prizes. The
26    licensee shall provide the Department of Revenue with a

 

 

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1    listing of all prizes awarded, including the retail value
2    of all prizes awarded.
3        (7) Each licensee shall be permitted to conduct
4    charitable games on not more than 4 days each year. Nothing
5    in this Section shall be construed to prohibit a licensee
6    that conducts charitable games on its own premises from
7    also obtaining a providers' license in accordance with
8    Section 7 of this Act.
9        (8) Unless the provider of the premises is a
10    municipality, the provider of the premises may not rent or
11    otherwise provide the premises for the conducting of more
12    than 12 charitable games nights per calendar year one
13    charitable games night per month.
14        (9) A charitable games event is considered to be a
15    one-day event and charitable games may not be played
16    between the hours of 2:00 a.m. and noon.
17        (10) No person under the age of 18 years may play or
18    participate in the conducting of charitable games. Any
19    person under the age of 18 years may be within the area
20    where charitable games are being played only when
21    accompanied by his parent or guardian.
22        (11) No one other than the sponsoring organization of
23    charitable games must have a proprietary interest in the
24    game promoted.
25        (12) Raffles or other forms of gambling prohibited by
26    law shall not be conducted on the premises where charitable

 

 

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1    games are being conducted.
2        (13) Such games are not expressly prohibited by county
3    ordinance for charitable games conducted in the
4    unincorporated areas of the county or municipal ordinance
5    for charitable games conducted in the municipality and the
6    ordinance is filed with the Department of Revenue. The
7    Department shall provide each county or municipality with a
8    list of organizations licensed or subsequently authorized
9    by the Department to conduct charitable games in their
10    jurisdiction.
11        (14) The sale of tangible personal property at
12    charitable games is subject to all State and local taxes
13    and obligations.
14        (15) Each licensee may offer or conduct only the games
15    listed below, which must be conducted in accordance with
16    rules posted by the organization. The organization
17    sponsoring charitable games shall promulgate rules, and
18    make printed copies available to participants, for the
19    following games: (a) roulette; (b) blackjack; (c) poker;
20    (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer;
21    (h) big six; (i) gin rummy; (j) five card stud poker; (k)
22    chuck-a-luck; (l) keno; (m) hold-em poker; and (n)
23    merchandise wheel. A licensee need not offer or conduct
24    every game permitted by law. The conducting of games not
25    listed above is prohibited by this Act.
26        (16) No slot machines or coin-in-the-slot-operated

 

 

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1    devices that allow a participant to play games of chance
2    shall be permitted to be used at the location and during
3    the time at which the charitable games are being conducted.
4    However, establishments that have video gaming terminals
5    licensed under the Video Gaming Act may operate them along
6    with charitable games under rules adopted by the
7    Department.
8        (17) No cards, dice, wheels, or other equipment may be
9    modified or altered so as to give the licensee a greater
10    advantage in winning, other than as provided under the
11    normal rules of play of a particular game.
12        (18) No credit shall be extended to any of the
13    participants.
14        (19) (Blank).
15        (20) A supplier may have only one representative
16    present at the charitable games event, for the exclusive
17    purpose of ensuring that its equipment is not damaged.
18        (21) No employee, owner, or officer of a consultant
19    service hired by a licensed organization to perform
20    services at the event including, but not limited to,
21    security for persons or property at the event or services
22    before the event including, but not limited to, training
23    for volunteers or advertising may participate in the
24    management or operation of the games.
25        (22) (Blank).
26(Source: P.A. 98-377, eff. 1-1-14.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.