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.