Public Act 098-1071
 
HB5017 EnrolledLRB098 16514 ZMM 51581 b

    AN ACT concerning gaming.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Charitable Games Act is amended by changing
Sections 4, 5.1, and 8 as follows:
 
    (230 ILCS 30/4)  (from Ch. 120, par. 1124)
    Sec. 4. Licensing Restrictions. Licensing for the
conducting of charitable games is subject to the following
restrictions:
        (1) The license application, when submitted to the
    Department of Revenue, must contain a sworn statement
    attesting to the not-for-profit character of the
    prospective licensee organization, signed by a person
    listed on the application as an owner, officer, or other
    person in charge of the necessary day-to-day operations.
    The application shall contain the name of the person in
    charge of and primarily responsible for the conduct of the
    charitable games. The person so designated shall be present
    on the premises continuously during charitable games.
        (2) The license application shall be prepared by the
    prospective licensee organization or its duly authorized
    representative in accordance with the rules of the
    Department of Revenue.
        (2.1) The organization shall maintain among its books
    and records a list of the names, addresses, social security
    numbers, and dates of birth of all persons who will
    participate in the management or operation of the games,
    along with a sworn statement made under penalties of
    perjury, signed by a person listed on the application as an
    owner, officer, or other person in charge of the necessary
    day-to-day operations, that the persons listed as
    participating in the management or operation of the games
    are bona fide members, volunteers as defined in Section 2,
    or employees of the applicant, that these persons have not
    participated in the management or operation of more than 12
    charitable games events conducted by any licensee in the
    calendar year, and that these persons will receive no
    remuneration or compensation, directly or indirectly from
    any source, for participating in the management or
    operation of the games. Any amendments to this listing must
    contain an identical sworn statement.
        (2.2) (Blank).
        (3) Each license shall state the date, hours and at
    what locations the licensee is permitted to conduct
    charitable games.
        (4) Each licensee shall file a copy of the license with
    each police department or, if in unincorporated areas, each
    sheriff's office whose jurisdiction includes the premises
    on which the charitable games are authorized under the
    license.
        (5) The licensee shall prominently display the license
    in the area where the licensee is to conduct charitable
    games. The licensee shall likewise display, in the form and
    manner prescribed by the Department, the provisions of
    Section 9 of this Act.
        (6) (Blank).
        (7) (Blank).
        (8) A license is not assignable or transferable.
        (9) Unless the premises for conducting charitable
    games are provided by a municipality, the Department shall
    not issue a license permitting a person, firm or
    corporation to sponsor a charitable games night if the
    premises for the conduct of the charitable games has been
    previously used for 12 charitable games nights during the
    previous 12 months.
        (10) Auxiliary organizations of a licensee shall not be
    eligible for a license to conduct charitable games, except
    for auxiliary organizations of veterans organizations as
    authorized in Section 2.
        (11) Charitable games must be conducted in accordance
    with local building and fire code requirements.
        (12) The licensee shall consent to allowing the
    Department's employees to be present on the premises
    wherein the charitable games are conducted and to inspect
    or test equipment, devices and supplies used in the conduct
    of the game.
    Nothing in this Section shall be construed to prohibit a
licensee that conducts charitable games on its own premises
from also obtaining a providers' license in accordance with
Section 5.1. The maximum number of charitable games events that
may be held in any one premises is limited to no more than 12
charitable games events per calendar year one charitable games
event per month.
(Source: P.A. 98-377, eff. 1-1-14.)
 
    (230 ILCS 30/5.1)  (from Ch. 120, par. 1125.1)
    Sec. 5.1. If a licensee conducts charitable games on its
own premises, the licensee may also obtain a providers' license
in accordance with Section 5 to allow the licensee to rent or
otherwise provide its premises to another licensee for the
conducting of an additional 4 charitable games events. The
maximum number of charitable games events that may be held at
any one premises is limited to 12 8 charitable games events per
calendar year.
(Source: P.A. 94-986, eff. 6-30-06.)
 
    (230 ILCS 30/8)  (from Ch. 120, par. 1128)
    Sec. 8. The conducting of charitable games is subject to
the following restrictions:
        (1) The entire net proceeds from charitable games must
    be exclusively devoted to the lawful purposes of the
    organization permitted to conduct that game.
        (2) No person except a bona fide member or employee of
    the sponsoring organization, or a volunteer recruited by
    the sponsoring organization, may participate in the
    management or operation of the game. A person participates
    in the management or operation of a charitable game when he
    or she sells admission tickets at the event; sells,
    redeems, or in any way assists in the selling or redeeming
    of chips, scrip, or play money; participates in the
    conducting of any of the games played during the event, or
    supervises, directs or instructs anyone conducting a game;
    or at any time during the hours of the charitable games
    event counts, handles, or supervises anyone counting or
    handling any of the proceeds or chips, scrip, or play money
    at the event. A person who is present to ensure that the
    games are being conducted in conformance with the rules
    established by the licensed organization or is present to
    insure that the equipment is working properly is considered
    to be participating in the management or operation of a
    game. Setting up, cleaning up, selling food and drink, or
    providing security for persons or property at the event
    does not constitute participation in the management or
    operation of the game.
        Only bona fide members, volunteers as defined in
    Section 2 of this Act, and employees of the sponsoring
    organization may participate in the management or
    operation of the games. Participation in the management or
    operation of the games is limited to no more than 12
    charitable games events, either of the sponsoring
    organization or any other licensed organization, during a
    calendar year.
        (3) No person may receive any remuneration or
    compensation either directly or indirectly from any source
    for participating in the management or operation of the
    game.
        (4) No single bet at any house-banked game may exceed
    $20.
        (5) A bank shall be established on the premises to
    convert currency into chips, scrip, or other form of play
    money which shall then be used to play at games of chance
    which the participant chooses. Chips, scrip, or play money
    must be permanently monogrammed with the supplier license
    number or logo or charitable games license number of a
    licensed organization or of the supplier. Each participant
    must be issued a receipt indicating the amount of chips,
    scrip, or play money purchased.
        (6) At the conclusion of the event or when the
    participant leaves, he or she may cash in his or her chips,
    scrip, or play money in exchange for currency not to exceed
    $500 in cash winnings or unlimited noncash prizes. Each
    participant shall sign for any receipt of prizes. The
    licensee shall provide the Department of Revenue with a
    listing of all prizes awarded, including the retail value
    of all prizes awarded.
        (7) Each licensee shall be permitted to conduct
    charitable games on not more than 4 days each year. Nothing
    in this Section shall be construed to prohibit a licensee
    that conducts charitable games on its own premises from
    also obtaining a providers' license in accordance with
    Section 7 of this Act.
        (8) Unless the provider of the premises is a
    municipality, the provider of the premises may not rent or
    otherwise provide the premises for the conducting of more
    than 12 charitable games nights per calendar year one
    charitable games night per month.
        (9) A charitable games event is considered to be a
    one-day event and charitable games may not be played
    between the hours of 2:00 a.m. and noon.
        (10) No person under the age of 18 years may play or
    participate in the conducting of charitable games. Any
    person under the age of 18 years may be within the area
    where charitable games are being played only when
    accompanied by his parent or guardian.
        (11) No one other than the sponsoring organization of
    charitable games must have a proprietary interest in the
    game promoted.
        (12) Raffles or other forms of gambling prohibited by
    law shall not be conducted on the premises where charitable
    games are being conducted.
        (13) Such games are not expressly prohibited by county
    ordinance for charitable games conducted in the
    unincorporated areas of the county or municipal ordinance
    for charitable games conducted in the municipality and the
    ordinance is filed with the Department of Revenue. The
    Department shall provide each county or municipality with a
    list of organizations licensed or subsequently authorized
    by the Department to conduct charitable games in their
    jurisdiction.
        (14) The sale of tangible personal property at
    charitable games is subject to all State and local taxes
    and obligations.
        (15) Each licensee may offer or conduct only the games
    listed below, which must be conducted in accordance with
    rules posted by the organization. The organization
    sponsoring charitable games shall promulgate rules, and
    make printed copies available to participants, for the
    following games: (a) roulette; (b) blackjack; (c) poker;
    (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer;
    (h) big six; (i) gin rummy; (j) five card stud poker; (k)
    chuck-a-luck; (l) keno; (m) hold-em poker; and (n)
    merchandise wheel. A licensee need not offer or conduct
    every game permitted by law. The conducting of games not
    listed above is prohibited by this Act.
        (16) No slot machines or coin-in-the-slot-operated
    devices that allow a participant to play games of chance
    shall be permitted to be used at the location and during
    the time at which the charitable games are being conducted.
    However, establishments that have video gaming terminals
    licensed under the Video Gaming Act may operate them along
    with charitable games under rules adopted by the
    Department.
        (17) No cards, dice, wheels, or other equipment may be
    modified or altered so as to give the licensee a greater
    advantage in winning, other than as provided under the
    normal rules of play of a particular game.
        (18) No credit shall be extended to any of the
    participants.
        (19) (Blank).
        (20) A supplier may have only one representative
    present at the charitable games event, for the exclusive
    purpose of ensuring that its equipment is not damaged.
        (21) No employee, owner, or officer of a consultant
    service hired by a licensed organization to perform
    services at the event including, but not limited to,
    security for persons or property at the event or services
    before the event including, but not limited to, training
    for volunteers or advertising may participate in the
    management or operation of the games.
        (22) (Blank).
(Source: P.A. 98-377, eff. 1-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.