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Rep. Norine K. Hammond
Filed: 3/8/2023
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1 | | AMENDMENT TO HOUSE BILL 1803
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2 | | AMENDMENT NO. ______. Amend House Bill 1803 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Video Gaming
Act is amended by changing |
5 | | Section 45 as follows:
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6 | | (230 ILCS 40/45)
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7 | | Sec. 45. Issuance of license.
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8 | | (a) The burden is upon each applicant to
demonstrate his |
9 | | suitability for licensure. Each video gaming terminal
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10 | | manufacturer, distributor, supplier, operator, handler, |
11 | | licensed establishment, licensed truck stop establishment, |
12 | | licensed large truck stop establishment, licensed
fraternal
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13 | | establishment, and licensed veterans establishment shall be
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14 | | licensed by the Board.
The Board may issue or deny a license |
15 | | under this Act to any person pursuant to the same criteria set |
16 | | forth in Section 9 of the Illinois Gambling Act.
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1 | | (a-5) The Board shall not grant a license to a person who |
2 | | has facilitated, enabled, or participated in the use of |
3 | | coin-operated devices for gambling purposes or who is under |
4 | | the significant influence or control of such a person. For the |
5 | | purposes of this Act, "facilitated, enabled, or participated |
6 | | in the use of coin-operated amusement devices for gambling |
7 | | purposes" means that the person has been convicted of any |
8 | | violation of Article 28 of the Criminal Code of 1961 or the |
9 | | Criminal Code of 2012. If there is pending legal action |
10 | | against a person for any such violation, then the Board shall |
11 | | delay the licensure of that person until the legal action is |
12 | | resolved. |
13 | | (b) Each person seeking and possessing a license as a |
14 | | video gaming terminal manufacturer, distributor, supplier, |
15 | | operator, handler, licensed establishment, licensed truck stop |
16 | | establishment, licensed large truck stop establishment, |
17 | | licensed fraternal establishment, or licensed veterans |
18 | | establishment shall submit to a background investigation |
19 | | conducted by the Board with the assistance of the Illinois |
20 | | State Police or other law enforcement. To the extent that the |
21 | | corporate structure of the applicant allows, the background |
22 | | investigation shall include any or all of the following as the |
23 | | Board deems appropriate or as provided by rule for each |
24 | | category of licensure: (i) each beneficiary of a trust, (ii) |
25 | | each partner of a partnership, (iii) each member of a limited |
26 | | liability company, (iv) each director and officer of a |
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1 | | publicly or non-publicly held corporation, (v) each |
2 | | stockholder of a non-publicly held corporation, (vi) each |
3 | | stockholder of 5% or more of a publicly held corporation, or |
4 | | (vii) each stockholder of 5% or more in a parent or subsidiary |
5 | | corporation. |
6 | | (c) Each person seeking and possessing a license as a |
7 | | video gaming terminal manufacturer, distributor, supplier, |
8 | | operator, handler, licensed establishment, licensed truck stop |
9 | | establishment, licensed large truck stop establishment, |
10 | | licensed fraternal establishment, or licensed veterans |
11 | | establishment shall disclose the identity of every person, |
12 | | association, trust, corporation, or limited liability company |
13 | | having a greater than 1% direct or indirect pecuniary interest |
14 | | in the video gaming terminal operation for which the license |
15 | | is sought. If the disclosed entity is a trust, the application |
16 | | shall disclose the names and addresses of the beneficiaries; |
17 | | if a corporation, the names and addresses of all stockholders |
18 | | and directors; if a limited liability company, the names and |
19 | | addresses of all members; or if a partnership, the names and |
20 | | addresses of all partners, both general and limited. |
21 | | (d) No person may be licensed as a video gaming terminal |
22 | | manufacturer, distributor, supplier, operator, handler, |
23 | | licensed establishment, licensed truck stop establishment, |
24 | | licensed large truck stop establishment, licensed fraternal |
25 | | establishment, or licensed veterans establishment if that |
26 | | person has been found by the Board to: |
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1 | | (1) have a background, including a criminal record, |
2 | | reputation, habits, social or business associations, or |
3 | | prior activities that pose a threat to the public |
4 | | interests of the State or to the security and integrity of |
5 | | video gaming; |
6 | | (2) create or enhance the dangers of unsuitable, |
7 | | unfair, or illegal practices, methods, and activities in |
8 | | the conduct of video gaming; or |
9 | | (3) present questionable business practices and |
10 | | financial arrangements incidental to the conduct of video |
11 | | gaming activities. |
12 | | (e) Any applicant for any license under this Act has the |
13 | | burden of proving his or her qualifications to the |
14 | | satisfaction of the Board. The Board may adopt rules to |
15 | | establish additional qualifications and requirements to |
16 | | preserve the integrity and security of video gaming in this |
17 | | State. |
18 | | (f) A non-refundable application fee shall be paid at the |
19 | | time an
application for a license is filed with the Board in |
20 | | the following amounts:
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21 | | (1) Manufacturer ..........................$5,000
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22 | | (2) Distributor ...........................$5,000
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23 | | (3) Terminal operator .....................$5,000
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24 | | (4) Supplier ..............................$2,500
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25 | | (5) Technician ..............................$100
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26 | | (6) Terminal Handler ........................$100
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1 | | (7) Licensed establishment, licensed truck stop
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2 | | establishment, licensed large truck stop establishment,
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3 | | licensed fraternal establishment, or licensed
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4 | | veterans establishment ...............................$100 |
5 | | (8) Sales agent and broker .......................$100 |
6 | | (g) The Board shall establish an
annual fee for each |
7 | | license not to exceed the following: |
8 | | (1) Manufacturer .........................$10,000
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9 | | (2) Distributor ..........................$10,000
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10 | | (3) Terminal operator .....................$5,000
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11 | | (4) Supplier ..............................$2,000
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12 | | (5) Technician ..............................$100
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13 | | (6) Licensed establishment, licensed truck stop
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14 | | establishment, licensed large truck stop establishment,
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15 | | licensed fraternal establishment, or licensed
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16 | | veterans establishment ..........................$100
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17 | | (7) Video gaming terminal ...................$100
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18 | | (8) Terminal Handler ............................$100
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19 | | (9) Sales agent and broker .......................$100 |
20 | | (h) A terminal operator and a licensed establishment, |
21 | | licensed truck stop establishment, licensed large truck stop |
22 | | establishment, licensed fraternal establishment,
or licensed |
23 | | veterans establishment shall equally split the fees specified |
24 | | in item (7) of subsection (g). |
25 | | (i) When processing applications for a license and issuing |
26 | | licenses to licensed establishments, the Board shall |