093_HB3865 LRB093 13358 LRD 18873 b 1 AN ACT in relation to gaming. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Bingo License and Tax Act is amended by 5 changing Section 1 as follows: 6 (230 ILCS 25/1) (from Ch. 120, par. 1101) 7 Sec. 1. The Department of Revenue shall, upon 8 application therefor on forms prescribed by such Department, 9 and upon the payment of an annual fee of $200 or a triennial 10 fee of $600, and upon a determination by the Department that 11 the applicant meets all of the qualifications specified in 12 this Section, issue a license for the conducting of bingo to 13 any bona fide religious, charitable, labor, fraternal, youth 14 athletic, senior citizen, educational or veterans' 15 organization organized in Illinois which operates without 16 profit to its members, which has been in existence in 17 Illinois continuously for a period of 5 years immediately 18 before making application for a license and which has had 19 during that entire 5 year period a bona fide membership 20 engaged in carrying out its objects. However, the 5 year 21 requirement shall be reduced to 2 years, as applied to a 22 local organization which is affiliated with and chartered by 23 a national organization which meets the 5 year requirement. 24 Each annual license expires at midnight, June 30 following 25 its date of issuance, except that, beginning with applicants 26 whose licenses expire on June 30, 1983, the Department shall 27 stagger license expiration dates by dividing the applicants 28 into 4 groups which are substantially equal in number. 29 Licenses issued and license fees charged to applicants in 30 each group shall be in accordance with the following 31 schedule: -2- LRB093 13358 LRD 18873 b 1 Group No. License Expiration Date Fee 2 1 December 31, 1983 $100 3 2 March 31, 1984 $150 4 3 June 30, 1984 $200 5 4 September 30, 1984 $250 6 Following expiration under this schedule, each renewed 7 license shall be in effect for one year from its date of 8 issuance unless suspended or revoked by Department action 9 before that date. After June 30, 1983, every new annual 10 license shall expire one year from the date of issuance 11 unless suspended or revoked and every new triennial license 12 issued or renewed on or after July 1, 2004 shall be in effect 13 for 3 years from its date of issuance unless suspended or 14 revoked by Department action before that date. A licensee may 15 hold only one license and that license is valid for only one 16 location. 17 For purposes of this Act, the following definitions 18 apply: "Organization": A corporation, agency, partnership, 19 association, firm or other entity consisting of 2 or more 20 persons joined by a common interest or purpose. "Non-profit 21 organization": An organization or institution organized and 22 conducted on a not-for-profit basis with no personal profit 23 inuring to any one as a result of the operation. "Charitable 24 organization": An organization or institution organized and 25 operated to benefit an indefinite number of the public. 26 "Educational organization": An organization or institution 27 organized and operated to provide systematic instruction in 28 useful branches of learning by methods common to schools and 29 institutions of learning which compare favorably in their 30 scope and intensity with the course of study presented in 31 tax-supported schools. "Religious organization": Any church, 32 congregation, society, or organization founded for the 33 purpose of religious worship. "Fraternal organization": An 34 organization of persons, including but not limited to ethnic -3- LRB093 13358 LRD 18873 b 1 organizations, having a common interest, organized and 2 operated exclusively to promote the welfare of its members 3 and to benefit the general public on a continuing and 4 consistent basis. "Veterans organization": An organization 5 comprised of members of which substantially all are 6 individuals who are veterans or spouses, widows, or widowers 7 of veterans, the primary purpose of which is to promote the 8 welfare of its members and to provide assistance to the 9 general public in such a way as to confer a public benefit. 10 "Labor organization": An organization composed of labor 11 unions or workers organized with the objective of betterment 12 of the conditions of those engaged in such pursuit and the 13 development of a higher degree of efficiency in their 14 respective occupations. "Youth athletic organization": An 15 organization having as its exclusive purpose the promotion 16 and provision of athletic activities for youth aged 18 and 17 under. "Senior citizens organization": An organization or 18 association comprised of members of which substantially all 19 are individuals who are senior citizens, as defined in 20 Section 3.05 of the Illinois Act on the Aging, the primary 21 purpose of which is to promote the welfare of its members. 22 Licensing for the conducting of bingo is subject to the 23 following restrictions: 24 (1) The license application, when submitted to the 25 Department of Revenue, must contain a sworn statement 26 attesting to the not-for-profit character of the 27 prospective licensee organization, signed by the 28 presiding officer and the secretary of that organization. 29 (2) The application for license shall be prepared 30 in accordance with the rules of the Department of 31 Revenue. 32 (3) Each license shall state which day of the week 33 and at what location the licensee is permitted to conduct 34 bingo. The Department may, on special application made -4- LRB093 13358 LRD 18873 b 1 by any organization having a bingo license, issue a 2 special operator's permit for conducting bingo at other 3 premises and on other days not exceeding 7 consecutive 4 days, except that a licensee may conduct bingo at the 5 Illinois State Fair or any county fair held in Illinois 6 during each day that the fair is in effect; such bingo 7 games conducted at the Illinois State Fair or a county 8 fair shall not require a special operator's permit. No 9 more than 2 special operator's permits may be issued in 10 one year to any one organization. Any organization, 11 qualified for a license but not holding one, upon 12 application and payment of a $50 fee may receive a 13 limited license to conduct bingo at no more than 2 indoor 14 or outdoor festivals in a year for a maximum of 5 days on 15 each occasion or, upon application and payment of a $150 16 fee, may receive a limited license to conduct bingo at no 17 more than 2 indoor or outdoor festivals in a year for up 18 to 3 years for a maximum of 5 days on each occasion. 19 Such limited license shall be prominently displayed at 20 the site of the bingo games. 21 (4) The licensee shall display a license in a 22 prominent place in the area where it is to conduct bingo. 23 (5) The proceeds from the license fee imposed by 24 this Act shall be paid into the General Revenue Fund of 25 the State Treasury. 26 (6) A license authorizes the licensee to conduct 27 the game commonly known as bingo, in which prizes are 28 awarded on the basis of designated numbers or symbols on 29 a card conforming to numbers or symbols selected at 30 random. 31 (7) The Director has the power to issue or to 32 refuse to issue a license permitting a person, firm or 33 corporation to provide premises for the conduct of bingo; 34 provided, however, that a municipality shall not be -5- LRB093 13358 LRD 18873 b 1 required to obtain a license to provide such premises. 2 The fee for such providers' license is $200. A person, 3 firm or corporation holding such a license may receive 4 reasonable expenses for providing premises for conducting 5 bingo. Reasonable expenses shall include only those 6 expenses defined as reasonable by rules promulgated by 7 the Department. 8 (8) The Department may issue restricted licenses to 9 senior citizens organizations. The fee for a restricted 10 license is $10 per year or $30 for 3 years. Restricted 11 licenses shall be subject to the following conditions: 12 (A) Bingo shall be conducted only at a 13 facility which is owned by a unit of local 14 government to which the corporate authorities have 15 given their approval and which is used to provide 16 social services or a meeting place to senior 17 citizens, or in common areas in multi-unit federally 18 assisted rental housing maintained solely for the 19 elderly and handicapped; 20 (B) The price paid for a single card shall not 21 exceed 5 cents; 22 (C) The aggregate retail value of all prizes 23 or merchandise awarded in any one game of bingo 24 shall not exceed $1; 25 (D) No person or organization shall 26 participate in the management or operation of bingo 27 under a restricted license if the person or 28 organization would be ineligible for a license under 29 this Section; 30 (E) No license is required to provide premises 31 for bingo conducted under a restricted license; and 32 (F) The Department may, by rule, exempt 33 restricted licensees from such requirements of this 34 Act as the Department may deem appropriate. -6- LRB093 13358 LRD 18873 b 1 The Director has the power to issue a license permitting 2 an Illinois person, firm or corporation to sell, lease or 3 distribute to any organization licensed to conduct bingo 4 games or to any licensed bingo supplier all cards, boards, 5 sheets, markers, pads and all other supplies, devices and 6 equipment designed for use in the play of bingo. No person, 7 firm or corporation shall sell, lease or distribute bingo 8 supplies or equipment without having first obtained a license 9 therefor upon written application made, verified and filed 10 with the Department in the form prescribed by the rules and 11 regulations of the Department. The fee for such license is 12 $200. 13 Applications for providers' and suppliers' licenses shall 14 be made in writing in accordance with Department rules. Each 15 providers' or suppliers' license is valid for one year from 16 date of issuance, unless suspended or revoked by Department 17 action before that date. 18 The following are ineligible for any license under this 19 Act: 20 (a) any person who has been convicted of a felony; 21 (b) any person who has been convicted of a 22 violation of Article 28 of the "Criminal Code of 1961"; 23 (c) any person found gambling, participating in 24 gambling or knowingly permitting gambling on premises 25 where bingo is being conducted; 26 (d) any firm or corporation in which a person 27 defined in (a), (b) or (c) has a proprietary, equitable 28 or credit interest, or in which such person is active or 29 employed; 30 (e) any organization in which a person defined in 31 (a), (b) or (c) is an officer, director, or employee, 32 whether compensated or not; 33 (f) any organization in which a person defined in 34 (a), (b) or (c) is to participate in the management or -7- LRB093 13358 LRD 18873 b 1 operation of a bingo game. 2 (Source: P.A. 87-758.) 3 Section 99. Effective date. This Act takes effect July 4 1, 2004.