Public Act 098-0031
 
SB1738 EnrolledLRB098 10569 AMC 40817 b

    AN ACT concerning gaming.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Video Gaming Act is amended by changing
Sections 5, 15, 25, 45, and 78 as follows:
 
    (230 ILCS 40/5)
    Sec. 5. Definitions. As used in this Act:
    "Board" means the Illinois Gaming Board.
    "Credit" means one, 5, 10, or 25 cents either won or
purchased by a player.
    "Distributor" means an individual, partnership,
corporation, or limited liability company licensed under this
Act to buy, sell, lease, or distribute video gaming terminals
or major components or parts of video gaming terminals to or
from terminal operators.
    "Electronic card" means a card purchased from a licensed
establishment, licensed fraternal establishment, licensed
veterans establishment, or licensed truck stop establishment
for use in that establishment as a substitute for cash in the
conduct of gaming on a video gaming terminal.
    "Terminal operator" means an individual, partnership,
corporation, or limited liability company that is licensed
under this Act and that owns, services, and maintains video
gaming terminals for placement in licensed establishments,
licensed truck stop establishments, licensed fraternal
establishments, or licensed veterans establishments.
    "Licensed technician" means an individual who is licensed
under this Act to repair, service, and maintain video gaming
terminals.
    "Licensed terminal handler" means a person, including but
not limited to an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator, who is licensed under this Act to possess or
control a video gaming terminal or to have access to the inner
workings of a video gaming terminal. A licensed terminal
handler does not include an individual, partnership,
corporation, or limited liability company defined as a
manufacturer, distributor, supplier, technician, or terminal
operator under this Act.
    "Manufacturer" means an individual, partnership,
corporation, or limited liability company that is licensed
under this Act and that manufactures or assembles video gaming
terminals.
    "Supplier" means an individual, partnership, corporation,
or limited liability company that is licensed under this Act to
supply major components or parts to video gaming terminals to
licensed terminal operators.
    "Net terminal income" means money put into a video gaming
terminal minus credits paid out to players.
    "Video gaming terminal" means any electronic video game
machine that, upon insertion of cash, electronic cards or
vouchers or any combination thereof, is available to play or
simulate the play of a video game, including but not limited to
video poker, line up, and blackjack, as authorized by the Board
utilizing a video display and microprocessors in which the
player may receive free games or credits that can be redeemed
for cash. The term does not include a machine that directly
dispenses coins, cash, or tokens or is for amusement purposes
only.
    "Licensed establishment" means any licensed retail
establishment where alcoholic liquor is drawn, poured, mixed,
or otherwise served for consumption on the premises and
includes any such establishment that has a contractual
relationship with an inter-track wagering location licensee
licensed under the Illinois Horse Racing Act of 1975, provided
any contractual relationship shall not include any transfer or
offer of revenue from the operation of video gaming under this
Act to any licensee licensed under the Illinois Horse Racing
Act of 1975. Provided, however, that the licensed establishment
that has such a contractual relationship with an inter-track
wagering location licensee may not, itself, be (i) an
inter-track wagering location licensee, (ii) the corporate
parent or subsidiary of any licensee licensed under the
Illinois Horse Racing Act of 1975, or (iii) the corporate
subsidiary of a corporation that is also the corporate parent
or subsidiary of any licensee licensed under the Illinois Horse
Racing Act of 1975. "Licensed establishment" does not include a
facility operated by an organization licensee, an inter-track
wagering licensee, or an inter-track wagering location
licensee licensed under the Illinois Horse Racing Act of 1975
or a riverboat licensed under the Riverboat Gambling Act,
except as provided in this paragraph.
    "Licensed fraternal establishment" means the location
where a qualified fraternal organization that derives its
charter from a national fraternal organization regularly
meets.
    "Licensed veterans establishment" means the location where
a qualified veterans organization that derives its charter from
a national veterans organization regularly meets.
    "Licensed truck stop establishment" means a facility (i)
that is at least a 3-acre facility with a convenience store,
(ii) with separate diesel islands for fueling commercial motor
vehicles, (iii) that sells at retail more than 10,000 gallons
of diesel or biodiesel fuel per month, and (iv) with parking
spaces for commercial motor vehicles. "Commercial motor
vehicles" has the same meaning as defined in Section 18b-101 of
the Illinois Vehicle Code. The requirement of item (iii) of
this paragraph may be met by showing that estimated future
sales or past sales average at least 10,000 gallons per month.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff.
8-12-11.)
 
    (230 ILCS 40/15)
    Sec. 15. Minimum requirements for licensing and
registration. Every video gaming terminal offered for play
shall first be tested and approved pursuant to the rules of the
Board, and each video gaming terminal offered in this State for
play shall conform to an approved model. The Board may utilize
the services of an independent outside testing laboratory for
the examination of video gaming machines and associated
equipment as required by this Section. Every video gaming
terminal offered in this State for play must meet minimum
standards set by an independent outside testing laboratory
approved by the Board. Each approved model shall, at a minimum,
meet the following criteria:
        (1) It must conform to all requirements of federal law
    and regulations, including FCC Class A Emissions
    Standards.
        (2) It must theoretically pay out a mathematically
    demonstrable percentage during the expected lifetime of
    the machine of all amounts played, which must not be less
    than 80%. The Board shall establish a maximum payout
    percentage for approved models by rule. Video gaming
    terminals that may be affected by skill must meet this
    standard when using a method of play that will provide the
    greatest return to the player over a period of continuous
    play.
        (3) It must use a random selection process to determine
    the outcome of each play of a game. The random selection
    process must meet 99% confidence limits using a standard
    chi-squared test for (randomness) goodness of fit.
        (4) It must display an accurate representation of the
    game outcome.
        (5) It must not automatically alter pay tables or any
    function of the video gaming terminal based on internal
    computation of hold percentage or have any means of
    manipulation that affects the random selection process or
    probabilities of winning a game.
        (6) It must not be adversely affected by static
    discharge or other electromagnetic interference.
        (7) It must be capable of detecting and displaying the
    following conditions during idle states or on demand: power
    reset; door open; and door just closed.
        (8) It must have the capacity to display complete play
    history (outcome, intermediate play steps, credits
    available, bets placed, credits paid, and credits cashed
    out) for the most recent game played and 10 games prior
    thereto.
        (9) The theoretical payback percentage of a video
    gaming terminal must not be capable of being changed
    without making a hardware or software change in the video
    gaming terminal, either on site or via the central
    communications system.
        (10) Video gaming terminals must be designed so that
    replacement of parts or modules required for normal
    maintenance does not necessitate replacement of the
    electromechanical meters.
        (11) It must have nonresettable meters housed in a
    locked area of the terminal that keep a permanent record of
    all cash inserted into the machine, all winnings made by
    the terminal printer, credits played in for video gaming
    terminals, and credits won by video gaming players. The
    video gaming terminal must provide the means for on-demand
    display of stored information as determined by the Board.
        (12) Electronically stored meter information required
    by this Section must be preserved for a minimum of 180 days
    after a power loss to the service.
        (13) It must have one or more mechanisms that accept
    cash in the form of bills. The mechanisms shall be designed
    to prevent obtaining credits without paying by stringing,
    slamming, drilling, or other means. If such attempts at
    physical tampering are made, the video gaming terminal
    shall suspend itself from operating until reset.
        (14) It shall have accounting software that keeps an
    electronic record which includes, but is not limited to,
    the following: total cash inserted into the video gaming
    terminal; the value of winning tickets claimed by players;
    the total credits played; the total credits awarded by a
    video gaming terminal; and pay back percentage credited to
    players of each video game.
        (15) It shall be linked by a central communications
    system to provide auditing program information as approved
    by the Board. The central communications system shall use a
    standard industry protocol, as defined by the Gaming
    Standards Association, and shall have the functionality to
    enable the Board or its designee to activate or deactivate
    individual gaming devices from the central communications
    system. In no event may the communications system approved
    by the Board limit participation to only one manufacturer
    of video gaming terminals by either the cost in
    implementing the necessary program modifications to
    communicate or the inability to communicate with the
    central communications system.
        (16) The Board, in its discretion, may require video
    gaming terminals to display Amber Alert messages if the
    Board makes a finding that it would be economically and
    technically feasible and pose no risk to the integrity and
    security of the central communications system and video
    gaming terminals.
    The Board may adopt rules to establish additional criteria
to preserve the integrity and security of video gaming in this
State. The central communications system vendor may be licensed
as a video gaming terminal manufacturer or a video gaming
terminal distributor, or both, but in no event shall the
central communications system vendor be licensed as a video
gaming terminal operator. The central communications system
vendor may not hold any license issued by the Board under this
Act.
    The Board shall not permit the development of information
or the use by any licensee of gaming device or individual game
performance data. Nothing in this Act shall inhibit or prohibit
the Board from the use of gaming device or individual game
performance data in its regulatory duties. The Board shall
adopt rules to ensure that all licensees are treated and all
licensees act in a non-discriminatory manner and develop
processes and penalties to enforce those rules.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
96-1410, eff. 7-30-10.)
 
    (230 ILCS 40/25)
    Sec. 25. Restriction of licensees.
    (a) Manufacturer. A person may not be licensed as a
manufacturer of a video gaming terminal in Illinois unless the
person has a valid manufacturer's license issued under this
Act. A manufacturer may only sell video gaming terminals for
use in Illinois to persons having a valid distributor's
license.
    (b) Distributor. A person may not sell, distribute, or
lease or market a video gaming terminal in Illinois unless the
person has a valid distributor's license issued under this Act.
A distributor may only sell video gaming terminals for use in
Illinois to persons having a valid distributor's or terminal
operator's license.
    (c) Terminal operator. A person may not own, maintain, or
place a video gaming terminal unless he has a valid terminal
operator's license issued under this Act. A terminal operator
may only place video gaming terminals for use in Illinois in
licensed establishments, licensed truck stop establishments,
licensed fraternal establishments, and licensed veterans
establishments. No terminal operator may give anything of
value, including but not limited to a loan or financing
arrangement, to a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment as any incentive or inducement to locate
video terminals in that establishment. Of the after-tax profits
from a video gaming terminal, 50% shall be paid to the terminal
operator and 50% shall be paid to the licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment,
notwithstanding any agreement to the contrary. A video terminal
operator that violates one or more requirements of this
subsection is guilty of a Class 4 felony and is subject to
termination of his or her license by the Board.
    (d) Licensed technician. A person may not service,
maintain, or repair a video gaming terminal in this State
unless he or she (1) has a valid technician's license issued
under this Act, (2) is a terminal operator, or (3) is employed
by a terminal operator, distributor, or manufacturer.
    (d-5) Licensed terminal handler. No person, including, but
not limited to, an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator licensed pursuant to this Act, shall have
possession or control of a video gaming terminal, or access to
the inner workings of a video gaming terminal, unless that
person possesses a valid terminal handler's license issued
under this Act.
    (e) Licensed establishment. No video gaming terminal may be
placed in any licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment unless the owner or agent of the owner
of the licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment has entered into a written use
agreement with the terminal operator for placement of the
terminals. A copy of the use agreement shall be on file in the
terminal operator's place of business and available for
inspection by individuals authorized by the Board. A licensed
establishment, licensed truck stop establishment, licensed
veterans establishment, or licensed fraternal establishment
may operate up to 5 video gaming terminals on its premises at
any time.
    (f) (Blank).
    (g) Financial interest restrictions. As used in this Act,
"substantial interest" in a partnership, a corporation, an
organization, an association, a business, or a limited
liability company means:
        (A) When, with respect to a sole proprietorship, an
    individual or his or her spouse owns, operates, manages, or
    conducts, directly or indirectly, the organization,
    association, or business, or any part thereof; or
        (B) When, with respect to a partnership, the individual
    or his or her spouse shares in any of the profits, or
    potential profits, of the partnership activities; or
        (C) When, with respect to a corporation, an individual
    or his or her spouse is an officer or director, or the
    individual or his or her spouse is a holder, directly or
    beneficially, of 5% or more of any class of stock of the
    corporation; or
        (D) When, with respect to an organization not covered
    in (A), (B) or (C) above, an individual or his or her
    spouse is an officer or manages the business affairs, or
    the individual or his or her spouse is the owner of or
    otherwise controls 10% or more of the assets of the
    organization; or
        (E) When an individual or his or her spouse furnishes
    5% or more of the capital, whether in cash, goods, or
    services, for the operation of any business, association,
    or organization during any calendar year; or
        (F) When, with respect to a limited liability company,
    an individual or his or her spouse is a member, or the
    individual or his or her spouse is a holder, directly or
    beneficially, of 5% or more of the membership interest of
    the limited liability company.
    For purposes of this subsection (g), "individual" includes
all individuals or their spouses whose combined interest would
qualify as a substantial interest under this subsection (g) and
whose activities with respect to an organization, association,
or business are so closely aligned or coordinated as to
constitute the activities of a single entity.
    (h) Location restriction. A licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment that is (i)
located within 1,000 feet of a facility operated by an
organization licensee or an inter-track wagering licensee
licensed under the Illinois Horse Racing Act of 1975 or the
home dock of a riverboat licensed under the Riverboat Gambling
Act or (ii) located within 100 feet of a school or a place of
worship under the Religious Corporation Act, is ineligible to
operate a video gaming terminal. The location restrictions in
this subsection (h) do not apply if a facility operated by an
organization licensee, an inter-track wagering licensee, or an
inter-track wagering location licensee, a school, or a place of
worship moves to or is established within the restricted area
after a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment becomes licensed under this Act. For the
purpose of this subsection, "school" means an elementary or
secondary public school, or an elementary or secondary private
school registered with or recognized by the State Board of
Education.
    Notwithstanding the provisions of this subsection (h), the
Board may waive the requirement that a licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment not be
located within 1,000 feet from a facility operated by an
organization licensee, an inter-track wagering licensee, or an
inter-track wagering location licensee licensed under the
Illinois Horse Racing Act of 1975 or the home dock of a
riverboat licensed under the Riverboat Gambling Act. The Board
shall not grant such waiver if there is any common ownership or
control, shared business activity, or contractual arrangement
of any type between the establishment and the organization
licensee, inter-track wagering licensee, inter-track wagering
location licensee, or owners licensee of a riverboat. The Board
shall adopt rules to implement the provisions of this
paragraph.
    (i) Undue economic concentration. In addition to
considering all other requirements under this Act, in deciding
whether to approve the operation of video gaming terminals by a
terminal operator in a location, the Board shall consider the
impact of any economic concentration of such operation of video
gaming terminals. The Board shall not allow a terminal operator
to operate video gaming terminals if the Board determines such
operation will result in undue economic concentration. For
purposes of this Section, "undue economic concentration" means
that a terminal operator would have such actual or potential
influence over video gaming terminals in Illinois as to:
        (1) substantially impede or suppress competition among
    terminal operators;
        (2) adversely impact the economic stability of the
    video gaming industry in Illinois; or
        (3) negatively impact the purposes of the Video Gaming
    Act.
    The Board shall adopt rules concerning undue economic
concentration with respect to the operation of video gaming
terminals in Illinois. The rules shall include, but not be
limited to, (i) limitations on the number of video gaming
terminals operated by any terminal operator within a defined
geographic radius and (ii) guidelines on the discontinuation of
operation of any such video gaming terminals the Board
determines will cause undue economic concentration.
    (j) The provisions of the Illinois Antitrust Act are fully
and equally applicable to the activities of any licensee under
this Act.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10;
96-1479, eff. 8-23-10; 97-333, eff. 8-12-11.)
 
    (230 ILCS 40/45)
    Sec. 45. Issuance of license.
    (a) The burden is upon each applicant to demonstrate his
suitability for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, and licensed veterans
establishment shall be licensed by the Board. The Board may
issue or deny a license under this Act to any person pursuant
to the same criteria set forth in Section 9 of the Riverboat
Gambling Act.
    (a-5) The Board shall not grant a license to a person who
has facilitated, enabled, or participated in the use of
coin-operated devices for gambling purposes or who is under the
significant influence or control of such a person. For the
purposes of this Act, "facilitated, enabled, or participated in
the use of coin-operated amusement devices for gambling
purposes" means that the person has been convicted of any
violation of Article 28 of the Criminal Code of 1961 or the
Criminal Code of 2012. If there is pending legal action against
a person for any such violation, then the Board shall delay the
licensure of that person until the legal action is resolved.
    (b) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall submit to a background
investigation conducted by the Board with the assistance of the
State Police or other law enforcement. The background
investigation shall include each beneficiary of a trust, each
partner of a partnership, and each director and officer and all
stockholders of 5% or more in a parent or subsidiary
corporation of a video gaming terminal manufacturer,
distributor, supplier, operator, or licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment.
    (c) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall disclose the identity of every
person, association, trust, corporation, or limited liability
company having a greater than 1% direct or indirect pecuniary
interest in the video gaming terminal operation for which the
license is sought. If the disclosed entity is a trust, the
application shall disclose the names and addresses of the
beneficiaries; if a corporation, the names and addresses of all
stockholders and directors; if a limited liability company, the
names and addresses of all members; or if a partnership, the
names and addresses of all partners, both general and limited.
    (d) No person may be licensed as a video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment if that person has been found by the Board to:
        (1) have a background, including a criminal record,
    reputation, habits, social or business associations, or
    prior activities that pose a threat to the public interests
    of the State or to the security and integrity of video
    gaming;
        (2) create or enhance the dangers of unsuitable,
    unfair, or illegal practices, methods, and activities in
    the conduct of video gaming; or
        (3) present questionable business practices and
    financial arrangements incidental to the conduct of video
    gaming activities.
    (e) Any applicant for any license under this Act has the
burden of proving his or her qualifications to the satisfaction
of the Board. The Board may adopt rules to establish additional
qualifications and requirements to preserve the integrity and
security of video gaming in this State.
    (f) A non-refundable application fee shall be paid at the
time an application for a license is filed with the Board in
the following amounts:
        (1) Manufacturer..........................$5,000
        (2) Distributor...........................$5,000
        (3) Terminal operator.....................$5,000
        (4) Supplier..............................$2,500
        (5) Technician..............................$100
        (6) Terminal Handler..............................$50
    (g) The Board shall establish an annual fee for each
license not to exceed the following:
        (1) Manufacturer.........................$10,000
        (2) Distributor..........................$10,000
        (3) Terminal operator.....................$5,000
        (4) Supplier..............................$2,000
        (5) Technician..............................$100
        (6) Licensed establishment, licensed truck stop
    establishment, licensed fraternal establishment,
    or licensed veterans establishment..............$100
        (7) Video gaming terminal...................$100
        (8) Terminal Handler..............................$50
    (h) A terminal operator and a licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment shall
equally split the fees specified in item (7) of subsection (g).
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10;
97-1150, eff. 1-25-13.)
 
    (230 ILCS 40/78)
    Sec. 78. Authority of the Illinois Gaming Board.
    (a) The Board shall have jurisdiction over and shall
supervise all gaming operations governed by this Act. The Board
shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but
not limited to, the following:
        (1) To investigate applicants and determine the
    eligibility of applicants for licenses and to select among
    competing applicants the applicants which best serve the
    interests of the citizens of Illinois.
        (2) To have jurisdiction and supervision over all video
    gaming operations in this State and all persons in
    establishments where video gaming operations are
    conducted.
        (3) To adopt rules for the purpose of administering the
    provisions of this Act and to prescribe rules, regulations,
    and conditions under which all video gaming in the State
    shall be conducted. Such rules and regulations are to
    provide for the prevention of practices detrimental to the
    public interest and for the best interests of video gaming,
    including rules and regulations (i) regarding the
    inspection of such establishments and the review of any
    permits or licenses necessary to operate an establishment
    under any laws or regulations applicable to
    establishments, (ii) and to impose penalties for
    violations of this Act and its rules, and (iii)
    establishing standards for advertising video gaming.
    (b) The Board shall adopt emergency rules to administer
this Act in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. For the purposes of the Illinois
Administrative Procedure Act, the General Assembly finds that
the adoption of rules to implement this Act is deemed an
emergency and necessary to the public interest, safety, and
welfare.
(Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.)
 
    Section 10. The Criminal Code of 2012 is amended by
changing Sections 28-2, 28-5, and 28-8 as follows:
 
    (720 ILCS 5/28-2)  (from Ch. 38, par. 28-2)
    Sec. 28-2. Definitions.
    (a) A "gambling device" is any clock, tape machine, slot
machine or other machines or device for the reception of money
or other thing of value on chance or skill or upon the action
of which money or other thing of value is staked, hazarded,
bet, won or lost; or any mechanism, furniture, fixture,
equipment or other device designed primarily for use in a
gambling place. A "gambling device" does not include:
        (1) A coin-in-the-slot operated mechanical device
    played for amusement which rewards the player with the
    right to replay such mechanical device, which device is so
    constructed or devised as to make such result of the
    operation thereof depend in part upon the skill of the
    player and which returns to the player thereof no money,
    property or right to receive money or property.
        (2) Vending machines by which full and adequate return
    is made for the money invested and in which there is no
    element of chance or hazard.
        (3) A crane game. For the purposes of this paragraph
    (3), a "crane game" is an amusement device involving skill,
    if it rewards the player exclusively with merchandise
    contained within the amusement device proper and limited to
    toys, novelties and prizes other than currency, each having
    a wholesale value which is not more than $25.
        (4) A redemption machine. For the purposes of this
    paragraph (4), a "redemption machine" is a single-player or
    multi-player amusement device involving a game, the object
    of which is throwing, rolling, bowling, shooting, placing,
    or propelling a ball or other object that is either
    physical or computer generated on a display or with lights
    into, upon, or against a hole or other target that is
    either physical or computer generated on a display or with
    lights, or stopping, by physical, mechanical, or
    electronic means, a moving object that is either physical
    or computer generated on a display or with lights into,
    upon, or against a hole or other target that is either
    physical or computer generated on a display or with lights,
    provided that all of the following conditions are met:
            (A) The outcome of the game is predominantly
        determined by the skill of the player.
            (B) The award of the prize is based solely upon the
        player's achieving the object of the game or otherwise
        upon the player's score.
            (C) Only merchandise prizes are awarded.
            (D) The wholesale value of prizes awarded in lieu
        of tickets or tokens for single play of the device does
        not exceed $25.
            (E) The redemption value of tickets, tokens, and
        other representations of value, which may be
        accumulated by players to redeem prizes of greater
        value, for a single play of the device does not exceed
        $25.
        (5) Video gaming terminals at a licensed
    establishment, licensed truck stop establishment, licensed
    fraternal establishment, or licensed veterans
    establishment licensed in accordance with the Video Gaming
    Act.
    (a-5) "Internet" means an interactive computer service or
system or an information service, system, or access software
provider that provides or enables computer access by multiple
users to a computer server, and includes, but is not limited
to, an information service, system, or access software provider
that provides access to a network system commonly known as the
Internet, or any comparable system or service and also
includes, but is not limited to, a World Wide Web page,
newsgroup, message board, mailing list, or chat area on any
interactive computer service or system or other online service.
    (a-6) "Access" and "computer" have the meanings ascribed to
them in Section 16D-2 of this Code.
    (b) A "lottery" is any scheme or procedure whereby one or
more prizes are distributed by chance among persons who have
paid or promised consideration for a chance to win such prizes,
whether such scheme or procedure is called a lottery, raffle,
gift, sale or some other name.
    (c) A "policy game" is any scheme or procedure whereby a
person promises or guarantees by any instrument, bill,
certificate, writing, token or other device that any particular
number, character, ticket or certificate shall in the event of
any contingency in the nature of a lottery entitle the
purchaser or holder to receive money, property or evidence of
debt.
(Source: P.A. 97-1126, eff. 1-1-13.)
 
    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)
    Sec. 28-5. Seizure of gambling devices and gambling funds.
    (a) Every device designed for gambling which is incapable
of lawful use or every device used unlawfully for gambling
shall be considered a "gambling device", and shall be subject
to seizure, confiscation and destruction by the Department of
State Police or by any municipal, or other local authority,
within whose jurisdiction the same may be found. As used in
this Section, a "gambling device" includes any slot machine,
and includes any machine or device constructed for the
reception of money or other thing of value and so constructed
as to return, or to cause someone to return, on chance to the
player thereof money, property or a right to receive money or
property. With the exception of any device designed for
gambling which is incapable of lawful use, no gambling device
shall be forfeited or destroyed unless an individual with a
property interest in said device knows of the unlawful use of
the device.
    (b) Every gambling device shall be seized and forfeited to
the county wherein such seizure occurs. Any money or other
thing of value integrally related to acts of gambling shall be
seized and forfeited to the county wherein such seizure occurs.
    (c) If, within 60 days after any seizure pursuant to
subparagraph (b) of this Section, a person having any property
interest in the seized property is charged with an offense, the
court which renders judgment upon such charge shall, within 30
days after such judgment, conduct a forfeiture hearing to
determine whether such property was a gambling device at the
time of seizure. Such hearing shall be commenced by a written
petition by the State, including material allegations of fact,
the name and address of every person determined by the State to
have any property interest in the seized property, a
representation that written notice of the date, time and place
of such hearing has been mailed to every such person by
certified mail at least 10 days before such date, and a request
for forfeiture. Every such person may appear as a party and
present evidence at such hearing. The quantum of proof required
shall be a preponderance of the evidence, and the burden of
proof shall be on the State. If the court determines that the
seized property was a gambling device at the time of seizure,
an order of forfeiture and disposition of the seized property
shall be entered: a gambling device shall be received by the
State's Attorney, who shall effect its destruction, except that
valuable parts thereof may be liquidated and the resultant
money shall be deposited in the general fund of the county
wherein such seizure occurred; money and other things of value
shall be received by the State's Attorney and, upon
liquidation, shall be deposited in the general fund of the
county wherein such seizure occurred. However, in the event
that a defendant raises the defense that the seized slot
machine is an antique slot machine described in subparagraph
(b) (7) of Section 28-1 of this Code and therefore he is exempt
from the charge of a gambling activity participant, the seized
antique slot machine shall not be destroyed or otherwise
altered until a final determination is made by the Court as to
whether it is such an antique slot machine. Upon a final
determination by the Court of this question in favor of the
defendant, such slot machine shall be immediately returned to
the defendant. Such order of forfeiture and disposition shall,
for the purposes of appeal, be a final order and judgment in a
civil proceeding.
    (d) If a seizure pursuant to subparagraph (b) of this
Section is not followed by a charge pursuant to subparagraph
(c) of this Section, or if the prosecution of such charge is
permanently terminated or indefinitely discontinued without
any judgment of conviction or acquittal (1) the State's
Attorney shall commence an in rem proceeding for the forfeiture
and destruction of a gambling device, or for the forfeiture and
deposit in the general fund of the county of any seized money
or other things of value, or both, in the circuit court and (2)
any person having any property interest in such seized gambling
device, money or other thing of value may commence separate
civil proceedings in the manner provided by law.
    (e) Any gambling device displayed for sale to a riverboat
gambling operation or used to train occupational licensees of a
riverboat gambling operation as authorized under the Riverboat
Gambling Act is exempt from seizure under this Section.
    (f) Any gambling equipment, devices and supplies provided
by a licensed supplier in accordance with the Riverboat
Gambling Act which are removed from the riverboat for repair
are exempt from seizure under this Section.
    (g) The following video gaming terminals are exempt from
seizure under this Section:
        (1) Video gaming terminals for sale to a licensed
    distributor or operator under the Video Gaming Act.
        (2) Video gaming terminals used to train licensed
    technicians or licensed terminal handlers.
        (3) Video gaming terminals that are removed from a
    licensed establishment, licensed truck stop establishment,
    licensed fraternal establishment, or licensed veterans
    establishment for repair.
(Source: P.A. 87-826.)
 
    (720 ILCS 5/28-8)  (from Ch. 38, par. 28-8)
    Sec. 28-8. Gambling losses recoverable.
    (a) Any person who by gambling shall lose to any other
person, any sum of money or thing of value, amounting to the
sum of $50 or more and shall pay or deliver the same or any part
thereof, may sue for and recover the money or other thing of
value, so lost and paid or delivered, in a civil action against
the winner thereof, with costs, in the circuit court. No person
who accepts from another person for transmission, and
transmits, either in his own name or in the name of such other
person, any order for any transaction to be made upon, or who
executes any order given to him by another person, or who
executes any transaction for his own account on, any regular
board of trade or commercial, commodity or stock exchange,
shall, under any circumstances, be deemed a "winner" of any
moneys lost by such other person in or through any such
transactions.
    (b) If within 6 months, such person who under the terms of
Subsection 28-8(a) is entitled to initiate action to recover
his losses does not in fact pursue his remedy, any person may
initiate a civil action against the winner. The court or the
jury, as the case may be, shall determine the amount of the
loss. After such determination, the court shall enter a
judgment of triple the amount so determined.
    (c) Gambling losses as a result of gambling conducted on a
video gaming terminal licensed under the Video Gaming Act are
not recoverable under this Section.
(Source: P.A. 79-1360.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.