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1 | AN ACT in relation to gambling.
| ||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the Video | ||||||||||||||||||||||||||||||||||
5 | Gaming
Act. | ||||||||||||||||||||||||||||||||||
6 | Section 5. Definitions. As used in this Act: | ||||||||||||||||||||||||||||||||||
7 | "Board" means the Illinois Gaming Board. | ||||||||||||||||||||||||||||||||||
8 | "Credit" means 5, 10, or 25 cents either won or purchased | ||||||||||||||||||||||||||||||||||
9 | by a player.
| ||||||||||||||||||||||||||||||||||
10 | "Distributor" means an individual, partnership, or | ||||||||||||||||||||||||||||||||||
11 | corporation licensed under
this Act to buy, sell, lease, or | ||||||||||||||||||||||||||||||||||
12 | distribute video gaming terminals or major
components or parts | ||||||||||||||||||||||||||||||||||
13 | of video gaming terminals to or from terminal
operators.
| ||||||||||||||||||||||||||||||||||
14 | "Terminal operator" means an individual, partnership, or | ||||||||||||||||||||||||||||||||||
15 | corporation that is
licensed under this Act and that owns, | ||||||||||||||||||||||||||||||||||
16 | services, and maintains video
gaming terminals for placement in | ||||||||||||||||||||||||||||||||||
17 | licensed establishments, licensed fraternal
establishments, or | ||||||||||||||||||||||||||||||||||
18 | licensed veterans establishments.
| ||||||||||||||||||||||||||||||||||
19 | "Licensed technician" means an individual
who
is licensed | ||||||||||||||||||||||||||||||||||
20 | under this Act to repair,
service, and maintain
video gaming | ||||||||||||||||||||||||||||||||||
21 | terminals.
| ||||||||||||||||||||||||||||||||||
22 | "Manufacturer" means an individual, partnership, or | ||||||||||||||||||||||||||||||||||
23 | corporation that is
licensed under this Act and that | ||||||||||||||||||||||||||||||||||
24 | manufactures or assembles video gaming
terminals.
| ||||||||||||||||||||||||||||||||||
25 | "Supplier" means an individual, partnership, or | ||||||||||||||||||||||||||||||||||
26 | corporation that is
licensed under this Act to supply major | ||||||||||||||||||||||||||||||||||
27 | components or parts for video gaming
terminals to licensed
| ||||||||||||||||||||||||||||||||||
28 | terminal operators.
| ||||||||||||||||||||||||||||||||||
29 | "Net terminal income" means money put into a video gaming | ||||||||||||||||||||||||||||||||||
30 | terminal minus
credits paid out to players.
| ||||||||||||||||||||||||||||||||||
31 | "Video gaming terminal" means any electronic video game | ||||||||||||||||||||||||||||||||||
32 | machine
that, upon insertion of cash, is available to play or |
| |||||||
|
|||||||
1 | simulate the play of
a video game, including, but not limited | ||||||
2 | to, video poker, line up, and blackjack,
authorized by the | ||||||
3 | Board utilizing a video display and microprocessors in
which | ||||||
4 | the player may receive free games or credits that can be
| ||||||
5 | redeemed for cash. The term does not include a machine that | ||||||
6 | directly
dispenses coins, cash, or tokens or is for amusement | ||||||
7 | purposes only.
| ||||||
8 | "Licensed establishment" means any licensed retail | ||||||
9 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
10 | or otherwise served for consumption
on the premises.
| ||||||
11 | "Licensed fraternal establishment" means the location | ||||||
12 | where a qualified
fraternal organization that derives its | ||||||
13 | charter from a national fraternal
organization regularly | ||||||
14 | meets.
| ||||||
15 | "Licensed veterans establishment" means the location where | ||||||
16 | a qualified
veterans organization that derives its charter from | ||||||
17 | a national veterans
organization regularly meets.
| ||||||
18 | "Licensed truck stop establishment" means a facility that | ||||||
19 | is at least a
3-acre facility with a convenience store and with | ||||||
20 | separate diesel
islands for fueling commercial motor vehicles | ||||||
21 | and parking spaces for commercial
motor vehicles as defined in | ||||||
22 | Section 18b-101 of the Illinois Vehicle Code.
| ||||||
23 | Section 15. Minimum requirements for
licensing and | ||||||
24 | registration. Every video gaming terminal offered for
play | ||||||
25 | shall first be
tested and approved pursuant to the rules of the | ||||||
26 | Board, and
each video gaming terminal offered in this State for | ||||||
27 | play shall conform to an
approved
model. The Board may contract | ||||||
28 | with an independent outside vendor for the
examination of video | ||||||
29 | gaming machines and associated equipment, as required
by this | ||||||
30 | Section. Each approved model shall, at a minimum, meet the | ||||||
31 | following
criteria:
| ||||||
32 | (1) It must conform to all requirements of federal law | ||||||
33 | and
regulations, including FCC Class A
Emissions | ||||||
34 | Standards.
| ||||||
35 | (2) It must theoretically pay out a mathematically |
| |||||||
|
|||||||
1 | demonstrable percentage
during the expected lifetime of | ||||||
2 | the machine
of all amounts played, which must not be less | ||||||
3 | than 80%. Video gaming
terminals that may be affected by | ||||||
4 | skill must meet this standard when using a
method of play | ||||||
5 | that will provide the greatest return to the player over a
| ||||||
6 | period of continuous play.
| ||||||
7 | (3) It must use a random selection process to determine | ||||||
8 | the outcome of
each play of a game. The random selection | ||||||
9 | process must meet 99% confidence
limits using a standard | ||||||
10 | chi-squared test for (randomness) goodness of fit.
| ||||||
11 | (4) It must display an accurate representation of the | ||||||
12 | game outcome.
| ||||||
13 | (5) It must not automatically alter pay tables or any | ||||||
14 | function of the
video gaming terminal based on internal | ||||||
15 | computation of hold percentage or have
any means of | ||||||
16 | manipulation that affects the random selection process or
| ||||||
17 | probabilities of winning a game.
| ||||||
18 | (6) It must not be adversely affected by static | ||||||
19 | discharge or other
electromagnetic interference.
| ||||||
20 | (7) It must be capable of detecting and displaying the | ||||||
21 | following
conditions
during idle states or on demand: power | ||||||
22 | reset; door open; and door just closed.
| ||||||
23 | (8) It must have the capacity to display complete play | ||||||
24 | history
(outcome, intermediate play steps, credits | ||||||
25 | available, bets placed, credits
paid, and credits cashed | ||||||
26 | out) for the most recent game played and 10 games
prior
| ||||||
27 | thereto.
| ||||||
28 | (9) The theoretical payback percentage of a video | ||||||
29 | gaming terminal must
not be
capable of being changed | ||||||
30 | without making a hardware or software change in
the video | ||||||
31 | gaming terminal.
| ||||||
32 | (10) Video gaming terminals must be designed so that | ||||||
33 | replacement of
parts or modules required for normal | ||||||
34 | maintenance does not necessitate
replacement of the | ||||||
35 | electromechanical meters.
| ||||||
36 | (11) It must have nonresettable meters housed in a |
| |||||||
|
|||||||
1 | locked area of the
terminal that
keep a permanent record of | ||||||
2 | all cash inserted into the machine, all winnings
made by | ||||||
3 | the terminal printer, credits played in for video gaming | ||||||
4 | terminals, and
credits won by video gaming players. The | ||||||
5 | video gaming terminal must provide
the means for on-demand | ||||||
6 | display of stored information as determined by the
Board.
| ||||||
7 | (12) Electronically stored meter information required | ||||||
8 | by this Section
must be preserved for a minimum of 180 days | ||||||
9 | after a power loss to the service.
| ||||||
10 | (13) It must have one or more mechanisms that accept | ||||||
11 | coins or cash in the
form of
bills. The mechanisms shall be | ||||||
12 | designed to prevent obtaining credits without
paying by | ||||||
13 | stringing, slamming, drilling, or other means.
| ||||||
14 | (14) It shall have accounting software that keeps an | ||||||
15 | electronic record
which includes, but is not limited to, | ||||||
16 | the following: total cash inserted
into the video gaming | ||||||
17 | terminal; the value of winning tickets claimed by
players; | ||||||
18 | the
total credits played; and the total
credits awarded
by | ||||||
19 | a video gaming terminal.
| ||||||
20 | (15) It shall be linked by a central communications | ||||||
21 | system
to provide
auditing program information, as | ||||||
22 | approved by the Board. In no event may the
communications | ||||||
23 | system approved by the Board limit participation to only | ||||||
24 | one
manufacturer of video gaming terminals by either the | ||||||
25 | cost in implementing
the necessary program modifications | ||||||
26 | to communicate or the inability to
communicate with the | ||||||
27 | central communications system.
| ||||||
28 | (16) It shall be able to receive and broadcast AMBER | ||||||
29 | Alert messages. | ||||||
30 | Section 20. Direct dispensing of receipt tickets only. A | ||||||
31 | video gaming
terminal may not
directly dispense coins, cash, | ||||||
32 | tokens, or any other article of exchange or
value except for | ||||||
33 | receipt tickets. Tickets shall be dispensed by
pressing the | ||||||
34 | ticket dispensing button on the video gaming terminal at the | ||||||
35 | end
of one's turn or play. The ticket shall indicate the total |
| |||||||
|
|||||||
1 | amount of credits
and the cash award, the time of day in a | ||||||
2 | 24-hour format showing hours and
minutes, the date, the
| ||||||
3 | terminal serial number, the sequential number of the ticket, | ||||||
4 | and an encrypted
validation number from which the validity of | ||||||
5 | the prize may be determined.
The player shall turn in this | ||||||
6 | ticket to the appropriate
person at the licensed establishment, | ||||||
7 | licensed truck stop establishment, licensed fraternal | ||||||
8 | establishment,
or
licensed veterans establishment
to receive | ||||||
9 | the cash award. The cost
of the credit shall be 5 cents, 10 | ||||||
10 | cents, or 25 cents, and the maximum
wager played per hand shall | ||||||
11 | not exceed $2.
No cash award for the maximum wager on any
| ||||||
12 | individual hand shall exceed $500. | ||||||
13 | Section 25. Restriction of licensees.
| ||||||
14 | (a) Manufacturer. A person may not be licensed as a | ||||||
15 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
16 | person has a valid
manufacturer's license issued
under this | ||||||
17 | Act. A manufacturer may only sell video gaming terminals for | ||||||
18 | use
in Illinois to
persons having a valid distributor's | ||||||
19 | license.
| ||||||
20 | (b) Distributor. A person may not sell, service, | ||||||
21 | distribute, or lease
or market a video gaming terminal in | ||||||
22 | Illinois unless the person has a valid
distributor's
license | ||||||
23 | issued under this Act. A distributor may only sell video gaming
| ||||||
24 | terminals for use in
Illinois to persons having a valid | ||||||
25 | distributor's or terminal operator's
license.
| ||||||
26 | (c) Terminal operator. A person may not own, service, | ||||||
27 | maintain, lease,
or place a video gaming terminal unless he has | ||||||
28 | a valid terminal operator's
license issued
under this Act. A | ||||||
29 | terminal operator may only place video gaming terminals for
use | ||||||
30 | in
Illinois in licensed establishments, licensed truck stop | ||||||
31 | establishments, licensed fraternal establishments,
and
| ||||||
32 | licensed veterans establishments.
No terminal operator may | ||||||
33 | give anything of value, including, but not limited to,
a loan | ||||||
34 | or financing arrangement, to a licensed establishment, | ||||||
35 | licensed truck stop establishment,
licensed fraternal |
| |||||||
|
|||||||
1 | establishment, or licensed veterans establishment as
any | ||||||
2 | incentive or inducement to locate video terminals in that | ||||||
3 | establishment.
Of the after-tax profits
from a video gaming | ||||||
4 | terminal, 50% shall be paid to the terminal
operator and 50% | ||||||
5 | shall be paid to the licensed establishment, licensed truck | ||||||
6 | stop establishment,
licensed fraternal establishment, or
| ||||||
7 | licensed veterans establishment.
A terminal operator shall be | ||||||
8 | entitled to access all information recorded by
the operator's | ||||||
9 | machines pursuant to item (17) of Section 15. No terminal
| ||||||
10 | operator may own or have a substantial interest in more than 5% | ||||||
11 | of the video
gaming terminals licensed in this State.
| ||||||
12 | (d) Licensed technician. A person may not service, | ||||||
13 | maintain, or repair a
video gaming terminal
in this State | ||||||
14 | unless he or she (1) has a valid technician's license issued
| ||||||
15 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
16 | by a terminal
operator, distributor, or manufacturer.
| ||||||
17 | (e) Licensed establishment. A valid liquor license shall be | ||||||
18 | prima facie
evidence of compliance with the
licensing | ||||||
19 | requirements of this Act to operate video gaming terminals.
No | ||||||
20 | video gaming terminal may be placed in any licensed veterans | ||||||
21 | establishment
or licensed fraternal establishment
unless the | ||||||
22 | owner
or agent of the owner of the licensed veterans | ||||||
23 | establishment or licensed
fraternal establishment has entered | ||||||
24 | into a
written use agreement with the terminal operator for | ||||||
25 | placement of the
terminals. A copy of the use agreement shall | ||||||
26 | be on file in the terminal
operator's place of business and | ||||||
27 | available for inspection by individuals
authorized by the | ||||||
28 | Board. A licensed establishment may operate up to 3
video | ||||||
29 | gaming terminals on its premises at any time, unless
the Board | ||||||
30 | authorizes a greater number. A licensed truck stop | ||||||
31 | establishment, licensed veterans establishment,
or
licensed
| ||||||
32 | fraternal
establishment may operate up to 5 video gaming | ||||||
33 | terminals on its premises at any
time, unless the Board | ||||||
34 | authorizes a greater number.
| ||||||
35 | (f) Residency requirement. Each licensed distributor and | ||||||
36 | terminal
operator
must be an Illinois
resident. However, if an |
| |||||||
|
|||||||
1 | out of state distributor or terminal operator
has performed its | ||||||
2 | respective business
within Illinois for at least 48 months | ||||||
3 | prior to the effective date of this
Act, the out of state | ||||||
4 | person may be eligible for
licensing under this Act, upon | ||||||
5 | application to and approval of the Board.
| ||||||
6 | (g) Financial interest restrictions.
As used in this Act, | ||||||
7 | "substantial interest" in an
organization, association, or | ||||||
8 | business means:
| ||||||
9 | (A) When, with respect to a sole proprietorship, an | ||||||
10 | individual or
his or her marital community owns, | ||||||
11 | operates, manages, or conducts, directly
or | ||||||
12 | indirectly, the organization, association, or | ||||||
13 | business, or any part thereof;
or
| ||||||
14 | (B) When, with respect to a partnership, the | ||||||
15 | individual or his or
her marital community shares in | ||||||
16 | any of the profits, or potential profits,
of the | ||||||
17 | partnership activities; or
| ||||||
18 | (C) When, with respect to a corporation, an | ||||||
19 | individual or his or her
spouse is an officer or | ||||||
20 | director, or the individual or his or her marital
| ||||||
21 | community is a holder, directly or beneficially, of 5% | ||||||
22 | or more of any class
of stock of the corporation; or
| ||||||
23 | (D) When, with respect to an organization not | ||||||
24 | covered in (A), (B) or
(C) above, an individual or his | ||||||
25 | or her spouse is an officer or manages the
business | ||||||
26 | affairs, or the individual or his or her marital | ||||||
27 | community is the
owner of or otherwise controls 10% or | ||||||
28 | more of the assets of the organization;
or
| ||||||
29 | (E) When an individual or his or her marital | ||||||
30 | community furnishes
5% or more of the capital, whether | ||||||
31 | in cash, goods, or services, for the
operation of any | ||||||
32 | business, association, or organization during any | ||||||
33 | calendar
year.
| ||||||
34 | (h) Location restriction. A licensed establishment, | ||||||
35 | licensed truck stop establishment, licensed
fraternal
| ||||||
36 | establishment, or licensed veterans establishment that is |
| |||||||
|
|||||||
1 | located within 500
feet of a race track licensed under the | ||||||
2 | Illinois Horse Racing Act of 1975 or
within 1,000 feet of the | ||||||
3 | home dock of a riverboat licensed under the Riverboat
Gambling | ||||||
4 | Act is ineligible to operate a video gaming terminal. | ||||||
5 | Section 27. Prohibition of video gaming by political | ||||||
6 | subdivision. A
municipality may
pass an ordinance prohibiting | ||||||
7 | video gaming within the corporate limits of the
municipality.
A | ||||||
8 | county board may, for the unincorporated area of the county, | ||||||
9 | pass an
ordinance prohibiting video gaming within the | ||||||
10 | unincorporated area of the
county. | ||||||
11 | Section 30. Multiple types of licenses prohibited. A video | ||||||
12 | gaming
terminal
manufacturer may not be licensed as a video | ||||||
13 | gaming terminal
distributor or operator or own, manage, or | ||||||
14 | control a licensed
establishment, licensed truck stop | ||||||
15 | establishment, licensed fraternal establishment, or licensed | ||||||
16 | veterans
establishment, and shall be licensed only to sell to | ||||||
17 | distributors. A video
gaming terminal distributor may not be | ||||||
18 | licensed as a
video gaming terminal manufacturer or operator or | ||||||
19 | own, manage, or
control a
licensed establishment, licensed | ||||||
20 | truck stop establishment, licensed fraternal establishment, or | ||||||
21 | licensed
veterans
establishment, and shall only contract with a | ||||||
22 | licensed terminal
operator. A video gaming terminal operator | ||||||
23 | may not be licensed as
a video
gaming terminal manufacturer or | ||||||
24 | distributor or own, manage, or control a
licensed | ||||||
25 | establishment, licensed truck stop establishment, licensed | ||||||
26 | fraternal establishment, or licensed
veterans
establishment, | ||||||
27 | and shall be licensed only to contract with licensed
| ||||||
28 | distributors and licensed establishments, licensed truck stop | ||||||
29 | establishments,
licensed fraternal
establishments,
and | ||||||
30 | licensed veterans establishments.
An owner or manager of a
| ||||||
31 | licensed establishment, licensed truck stop establishment, | ||||||
32 | licensed fraternal
establishment, or licensed
veterans
| ||||||
33 | establishment may not be licensed as a video gaming terminal
| ||||||
34 | manufacturer, distributor, or operator, and shall only |
| |||||||
|
|||||||
1 | contract with a
licensed operator to place and service this | ||||||
2 | equipment. | ||||||
3 | Section 35. Display of license; confiscation; violation as | ||||||
4 | felony. Each
video gaming terminal shall be licensed by the | ||||||
5 | Board before placement
or operation on the premises of a | ||||||
6 | licensed establishment, licensed truck stop
establishment, | ||||||
7 | licensed
fraternal establishment, or licensed veterans | ||||||
8 | establishment. The license of
each video gaming terminal shall | ||||||
9 | be maintained
at the location where the video gaming terminal | ||||||
10 | is operated. Failure to do so
is a petty offense with a fine
| ||||||
11 | not to exceed $100.
Any licensed establishment, licensed truck | ||||||
12 | stop establishment, licensed
fraternal establishment, or | ||||||
13 | licensed
veterans establishment
used for the conduct of | ||||||
14 | gambling games in violation of this Act shall be
considered a | ||||||
15 | gambling place in violation of Section 28-3 of the Criminal
| ||||||
16 | Code of 1961. Every gambling device found in
a licensed | ||||||
17 | establishment, licensed truck stop establishment, licensed | ||||||
18 | fraternal
establishment, or licensed
veterans establishment | ||||||
19 | operating gambling games in violation of this
Act shall be | ||||||
20 | subject to seizure, confiscation, and destruction as provided
| ||||||
21 | in Section 28-5 of the Criminal Code of 1961.
Any license | ||||||
22 | issued under the Liquor Control Act
of 1934 to any owner or | ||||||
23 | operator of a licensed establishment, licensed truck
stop | ||||||
24 | establishment, licensed
fraternal establishment, or licensed | ||||||
25 | veterans establishment that operates or
permits the operation | ||||||
26 | of a video gaming terminal within its establishment in
| ||||||
27 | violation of this Act shall be immediately revoked.
No person | ||||||
28 | may own, operate, have in his or her possession or custody or | ||||||
29 | under
his or her control, or permit to be kept in any place | ||||||
30 | under his or her
possession or control, any
device that awards | ||||||
31 | credits and contains a circuit, meter, or switch capable of
| ||||||
32 | removing and recording the removal of credits when the award of | ||||||
33 | credits is
dependent upon chance. A violation of this Section | ||||||
34 | is a Class 4 felony. All
devices that are owned, operated, or | ||||||
35 | possessed in violation of this Section are
hereby declared to |
| ||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
1 | be public nuisances and shall be subject to seizure,
| |||||||||||||||||||||||||||||
2 | confiscation, and destruction as provided in Section 28-5 of | |||||||||||||||||||||||||||||
3 | the Criminal Code
of 1961.
The provisions of this Section do | |||||||||||||||||||||||||||||
4 | not apply to devices or electronic video
game terminals | |||||||||||||||||||||||||||||
5 | licensed pursuant to this Act. | |||||||||||||||||||||||||||||
6 | Section 40. Video gaming terminal use by minors prohibited. | |||||||||||||||||||||||||||||
7 | No licensee
shall cause or permit any person under the age of | |||||||||||||||||||||||||||||
8 | 21 years to use or play a
video gaming terminal. Any licensee | |||||||||||||||||||||||||||||
9 | who knowingly permits a person under
the age of 21 years to use | |||||||||||||||||||||||||||||
10 | or play a video gaming terminal is guilty of a
business offense | |||||||||||||||||||||||||||||
11 | and shall be fined an amount not to exceed $5,000. | |||||||||||||||||||||||||||||
12 | Section 45. Issuance of license. | |||||||||||||||||||||||||||||
13 | (a) The burden is upon each applicant to
demonstrate his | |||||||||||||||||||||||||||||
14 | suitability for licensure. Each video gaming terminal
| |||||||||||||||||||||||||||||
15 | manufacturer, distributor, operator, licensed establishment, | |||||||||||||||||||||||||||||
16 | licensed truck stop establishment, licensed
fraternal
| |||||||||||||||||||||||||||||
17 | establishment, and licensed veterans establishment shall be
| |||||||||||||||||||||||||||||
18 | licensed by the Board.
The Board may not issue a license under | |||||||||||||||||||||||||||||
19 | this Act to any person who, within
10 years of the date of the | |||||||||||||||||||||||||||||
20 | application, has been convicted of a felony
under the laws of | |||||||||||||||||||||||||||||
21 | this State, any other state, or the United States, or to
any | |||||||||||||||||||||||||||||
22 | firm or corporation in which such a person is an officer, | |||||||||||||||||||||||||||||
23 | director, or
managerial employee.
| |||||||||||||||||||||||||||||
24 | (b) A non-refundable application fee shall be paid at the | |||||||||||||||||||||||||||||
25 | time an
application for a license is filed with the Board in | |||||||||||||||||||||||||||||
26 | the following amounts:
| |||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Section 50. Distribution of license fees. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (a) All fees collected under Section 45 shall be deposited | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | in the General
Revenue
Fund.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | (b) Fees collected under Section 45 shall be used as | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | follows:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | (1) Twenty-five percent shall be paid to programs for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | the treatment of
compulsive gambling.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | (2) Seventy-five percent shall be used for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | administration of this
Act.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
27 | (c) All licenses issued by the Board under this Act are | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
28 | renewable annually
unless sooner cancelled or terminated. No | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
29 | license issued under this Act is
transferable or assignable. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
30 | Section 55. Precondition for licensed establishment. In | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
31 | all cases of
application for a licensed establishment,
to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
32 | operate a video gaming terminal,
each licensed truck stop | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
33 | establishment, licensed
fraternal establishment, or licensed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
34 | veterans
establishment
shall
possess a valid liquor license |
| |||||||
|
|||||||
1 | issued by the Illinois Liquor Control Commission
in effect at | ||||||
2 | the time of application
and at all times thereafter during | ||||||
3 | which a video
gaming terminal is made available to the public | ||||||
4 | for play at that location. | ||||||
5 | Section 57. Insurance. Each licensed establishment, | ||||||
6 | licensed truck stop
establishment, licensed fraternal
| ||||||
7 | establishment, and licensed veterans establishment shall | ||||||
8 | maintain insurance on
any gaming device on its premises in
an | ||||||
9 | amount set by the Board. | ||||||
10 | Section 58. Location of terminals. Video gaming terminals | ||||||
11 | must be located
in an area that is within the view of at least | ||||||
12 | one employee of the
establishment in which they are located. | ||||||
13 | Section 60. Imposition and distribution of tax. | ||||||
14 | (a) A tax of 25% is imposed on net terminal income
and | ||||||
15 | shall be collected by the Board.
| ||||||
16 | (b) Of the tax collected under this Section, 80% shall be
| ||||||
17 | deposited in the State Gaming Fund and 20% shall be deposited | ||||||
18 | into the Local
Government Video Gaming Distributive Fund.
| ||||||
19 | (c) Revenues generated from the play of video gaming | ||||||
20 | terminals shall be
deposited by the terminal operator, who is | ||||||
21 | responsible for tax payments, in
a specially created, separate | ||||||
22 | bank account maintained by the video gaming
terminal operator
| ||||||
23 | to allow for electronic fund transfers of moneys for tax | ||||||
24 | payment.
| ||||||
25 | (d) Each licensed establishment, licensed truck stop | ||||||
26 | establishment, licensed fraternal establishment,
and licensed | ||||||
27 | veterans establishment shall maintain an adequate video gaming
| ||||||
28 | fund, with the amount to be determined by the Board. | ||||||
29 | Section 65. Fees. A non-home rule unit of government may | ||||||
30 | not impose any
fee
for the operation of a video gaming terminal | ||||||
31 | in excess of $25 per year. |
| |||||||
|
|||||||
1 | Section 70. Referendum. Upon the filing in the office of | ||||||
2 | the clerk, at least
90 days
before an election in any | ||||||
3 | municipality or county, as the case
may be, of a petition | ||||||
4 | directed to such clerk, containing the signatures
of not less | ||||||
5 | than 25% of the legal voters of that municipality or county,
| ||||||
6 | the
clerk shall certify such proposition to the proper election | ||||||
7 | officials, who
shall submit the proposition at such election to | ||||||
8 | the voters of such
municipality or county. The proposition | ||||||
9 | shall be in the following form:
| ||||||
10 | -------------------------------------------------------------
| ||||||
11 | Shall video gaming YES
| ||||||
12 | be prohibited in ----------------------
| ||||||
13 | .................? NO
| ||||||
14 | -------------------------------------------------------------
| ||||||
15 | If a
majority of the voters voting upon such last mentioned | ||||||
16 | proposition in any
municipality or county vote "YES", such | ||||||
17 | video gaming shall
be prohibited in such municipality or | ||||||
18 | county.
The
petition mentioned in this Section shall be a | ||||||
19 | public document and shall be
subject to inspection by the | ||||||
20 | public. | ||||||
21 | Section 75. Revenue sharing; Local Government Video Gaming | ||||||
22 | Distributive
Fund. | ||||||
23 | (a) Beginning July 1, 2003, as soon as may be after the | ||||||
24 | first day of each
month, the Department of Revenue shall | ||||||
25 | certify to the Treasurer an amount equal
to 25% of the net | ||||||
26 | revenue realized from the tax imposed by
Section 60
during the | ||||||
27 | preceding month.
Net revenue realized for a month shall be | ||||||
28 | defined as the revenue from the tax
imposed by Section 60
| ||||||
29 | during the
month.
Upon receipt of such certification, the | ||||||
30 | Treasurer shall
transfer from the General Revenue Fund to a | ||||||
31 | special fund in the State treasury,
to be known as the Local | ||||||
32 | Government Video Gaming Distributive Fund, the amount
shown on
| ||||||
33 | such certification.
| ||||||
34 | All amounts paid into the Local Government Video Gaming | ||||||
35 | Distributive Fund
and allocated
in
accordance
with this Section
|
| |||||||
|
|||||||
1 | are appropriated on a
continuing basis.
| ||||||
2 | (b) As soon as may be after the
first day of each month, | ||||||
3 | the Department of Revenue shall allocate among those
| ||||||
4 | municipalities and counties of this State that have not | ||||||
5 | prohibited video gaming
pursuant to Section 27 the amount | ||||||
6 | available in
the Local Government Video Gaming Distributive | ||||||
7 | Fund,
as provided in Section 60.
The
Department shall then | ||||||
8 | certify such allocations to the State Comptroller,
who shall | ||||||
9 | pay over to those eligible municipalities and
counties the | ||||||
10 | respective amounts allocated to them. The amount of those funds | ||||||
11 | allocable to each eligible municipality and county shall be | ||||||
12 | based on the proportion that the number of individual residents | ||||||
13 | of the municipality or
county bears to the total population of | ||||||
14 | those eligible municipalities and counties
determined in each | ||||||
15 | case on
the basis of the latest census of the municipality or | ||||||
16 | county
conducted by the federal government and certified by the | ||||||
17 | Secretary of
State and for annexations to municipalities, the | ||||||
18 | latest federal, State,
or municipal census of the annexed area | ||||||
19 | which has been certified by the
Department of Revenue.
For the
| ||||||
20 | purpose of this Section,
the number of individual residents of | ||||||
21 | a county shall be reduced by the
number of individuals residing | ||||||
22 | therein in municipalities, but the number
of individual | ||||||
23 | residents of the municipality shall
reflect the latest census | ||||||
24 | of the municipality.
| ||||||
25 | (c) The amounts allocated and paid to a municipality
or | ||||||
26 | county of this State pursuant to the provisions of this Section | ||||||
27 | may be
used for any general corporate purpose authorized for | ||||||
28 | that municipality or
county.
| ||||||
29 | (d) Upon determination by the Department that an
amount has | ||||||
30 | been
paid
pursuant to this Section in excess of the amount to | ||||||
31 | which the county or
municipality receiving the payment was | ||||||
32 | entitled, the
county or municipality shall, upon demand by the
| ||||||
33 | Department, repay the excess amount. If repayment is not made | ||||||
34 | within a
reasonable time, the Department shall withhold from | ||||||
35 | future payments an
amount equal to the overpayment.
The | ||||||
36 | Department shall
redistribute the amount of the payment to the |
| |||||||
|
|||||||
1 | county or municipality
entitled thereto. | ||||||
2 | Section 185. The Riverboat Gambling Act is amended by | ||||||
3 | changing Section 5
as
follows:
| ||||||
4 | (230 ILCS 10/5)
(from Ch. 120, par. 2405)
| ||||||
5 | Sec. 5. Gaming Board.
| ||||||
6 | (a) (1) There is hereby established within the Department | ||||||
7 | of Revenue an
Illinois Gaming Board which shall have the powers | ||||||
8 | and duties specified in
this Act, and all other powers | ||||||
9 | necessary and proper to fully and
effectively execute this Act | ||||||
10 | for the purpose of administering, regulating,
and enforcing the | ||||||
11 | system of riverboat gambling established by this Act. Its
| ||||||
12 | jurisdiction shall extend under this Act to every person, | ||||||
13 | association,
corporation, partnership and trust involved in | ||||||
14 | riverboat gambling
operations in the State of Illinois.
| ||||||
15 | (2) The Board shall consist of 5 members to be appointed by | ||||||
16 | the Governor
with the advice and consent of the Senate, one of | ||||||
17 | whom shall be designated
by the Governor to be chairman. Each | ||||||
18 | member shall have a reasonable
knowledge of the practice, | ||||||
19 | procedure and principles of gambling operations.
Each member | ||||||
20 | shall either be a resident of Illinois or shall certify that he
| ||||||
21 | will become a resident of Illinois before taking office. At | ||||||
22 | least one member
shall be experienced in law enforcement and | ||||||
23 | criminal investigation, at
least one member shall be a | ||||||
24 | certified public accountant experienced in
accounting and | ||||||
25 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
26 | practice law in Illinois.
| ||||||
27 | (3) The terms of office of the Board members shall be 3 | ||||||
28 | years, except
that the terms of office of the initial Board | ||||||
29 | members appointed pursuant to
this Act will commence from the | ||||||
30 | effective date of this Act and run as
follows: one for a term | ||||||
31 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
32 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
33 | foregoing terms, the successors of such members shall serve a | ||||||
34 | term for 3
years and until their successors are appointed and |
| |||||||
|
|||||||
1 | qualified for like terms.
Vacancies in the Board shall be | ||||||
2 | filled for the unexpired term in like
manner as original | ||||||
3 | appointments. Each member of the Board shall be
eligible for | ||||||
4 | reappointment at the discretion of the Governor with the
advice | ||||||
5 | and consent of the Senate.
| ||||||
6 | (4) Each member of the Board shall receive $300 for each | ||||||
7 | day the
Board meets and for each day the member conducts any | ||||||
8 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
9 | also be reimbursed for all actual
and necessary expenses and | ||||||
10 | disbursements incurred in the execution of official
duties.
| ||||||
11 | (5) No person shall be appointed a member of the Board or | ||||||
12 | continue to be
a member of the Board who is, or whose spouse, | ||||||
13 | child or parent is, a member
of the board of directors of, or a | ||||||
14 | person financially interested in, any
gambling operation | ||||||
15 | subject to the jurisdiction of this Board, or any race
track, | ||||||
16 | race meeting, racing association or the operations thereof | ||||||
17 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
18 | Board member shall
hold any other public office for which he | ||||||
19 | shall receive compensation other
than necessary travel or other | ||||||
20 | incidental expenses. No person shall be a
member of the Board | ||||||
21 | who is not of good moral character or who has been
convicted | ||||||
22 | of, or is under indictment for, a felony under the laws of
| ||||||
23 | Illinois or any other state, or the United States.
| ||||||
24 | (6) Any member of the Board may be removed by the Governor | ||||||
25 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
26 | in office.
| ||||||
27 | (7) Before entering upon the discharge of the duties of his | ||||||
28 | office, each
member of the Board shall take an oath that he | ||||||
29 | will faithfully execute the
duties of his office according to | ||||||
30 | the laws of the State and the rules and
regulations adopted | ||||||
31 | therewith and shall give bond to the State of Illinois,
| ||||||
32 | approved by the Governor, in the sum of $25,000. Every such | ||||||
33 | bond, when
duly executed and approved, shall be recorded in the | ||||||
34 | office of the
Secretary of State. Whenever the Governor | ||||||
35 | determines that the bond of any
member of the Board has become | ||||||
36 | or is likely to become invalid or
insufficient, he shall |
| |||||||
|
|||||||
1 | require such member forthwith to renew his bond,
which is to be | ||||||
2 | approved by the Governor. Any member of the Board who fails
to | ||||||
3 | take oath and give bond within 30 days from the date of his | ||||||
4 | appointment,
or who fails to renew his bond within 30 days | ||||||
5 | after it is demanded by the
Governor, shall be guilty of | ||||||
6 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
7 | any bond given by any member of the Board under this
Section | ||||||
8 | shall be taken to be a part of the necessary expenses of the | ||||||
9 | Board.
| ||||||
10 | (8) Upon the request of the Board, the Department shall | ||||||
11 | employ such
personnel as may be necessary to carry out the | ||||||
12 | functions of the Board. No
person shall be employed to serve | ||||||
13 | the Board who is, or whose spouse, parent
or child is, an | ||||||
14 | official of, or has a financial interest in or financial
| ||||||
15 | relation with, any operator engaged in gambling operations | ||||||
16 | within this
State or any organization engaged in conducting | ||||||
17 | horse racing within this
State. Any employee violating these | ||||||
18 | prohibitions shall be subject to
termination of employment.
| ||||||
19 | (9) An Administrator shall perform any and all duties that | ||||||
20 | the Board
shall assign him. The salary of the Administrator | ||||||
21 | shall be determined by
the Board and approved by the Director | ||||||
22 | of the Department and, in addition,
he shall be reimbursed for | ||||||
23 | all actual and necessary expenses incurred by
him in discharge | ||||||
24 | of his official duties. The Administrator shall keep
records of | ||||||
25 | all proceedings of the Board and shall preserve all records,
| ||||||
26 | books, documents and other papers belonging to the Board or | ||||||
27 | entrusted to
its care. The Administrator shall devote his full | ||||||
28 | time to the duties of
the office and shall not hold any other | ||||||
29 | office or employment.
| ||||||
30 | (b) The Board shall have general responsibility for the | ||||||
31 | implementation
of this Act. Its duties include, without | ||||||
32 | limitation, the following:
| ||||||
33 | (1) To decide promptly and in reasonable order all | ||||||
34 | license applications.
Any party aggrieved by an action of | ||||||
35 | the Board denying, suspending,
revoking, restricting or | ||||||
36 | refusing to renew a license may request a hearing
before |
| |||||||
|
|||||||
1 | the Board. A request for a hearing must be made to the | ||||||
2 | Board in
writing within 5 days after service of notice of | ||||||
3 | the action of the Board.
Notice of the action of the Board | ||||||
4 | shall be served either by personal
delivery or by certified | ||||||
5 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
6 | served by certified mail shall be deemed complete on the | ||||||
7 | business
day following the date of such mailing. The Board | ||||||
8 | shall conduct all
requested hearings promptly and in | ||||||
9 | reasonable order;
| ||||||
10 | (2) To conduct all hearings pertaining to civil | ||||||
11 | violations of this Act
or rules and regulations promulgated | ||||||
12 | hereunder;
| ||||||
13 | (3) To promulgate such rules and regulations as in its | ||||||
14 | judgment may be
necessary to protect or enhance the | ||||||
15 | credibility and integrity of gambling
operations | ||||||
16 | authorized by this Act and the regulatory process | ||||||
17 | hereunder;
| ||||||
18 | (4) To provide for the establishment and collection of | ||||||
19 | all license and
registration fees and taxes imposed by this | ||||||
20 | Act and the rules and
regulations issued pursuant hereto. | ||||||
21 | All such fees and taxes shall be
deposited into the State | ||||||
22 | Gaming Fund;
| ||||||
23 | (5) To provide for the levy and collection of penalties | ||||||
24 | and fines for the
violation of provisions of this Act and | ||||||
25 | the rules and regulations
promulgated hereunder. All such | ||||||
26 | fines and penalties shall be deposited
into the Education | ||||||
27 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
28 | State of Illinois;
| ||||||
29 | (6) To be present through its inspectors and agents any | ||||||
30 | time gambling
operations are conducted on any riverboat for | ||||||
31 | the purpose of certifying the
revenue thereof, receiving | ||||||
32 | complaints from the public, and conducting such
other | ||||||
33 | investigations into the conduct of the gambling games and | ||||||
34 | the
maintenance of the equipment as from time to time the | ||||||
35 | Board may deem
necessary and proper;
| ||||||
36 | (7) To review and rule upon any complaint by a licensee
|
| |||||||
|
|||||||
1 | regarding any investigative procedures of the State which | ||||||
2 | are unnecessarily
disruptive of gambling operations. The | ||||||
3 | need to inspect and investigate
shall be presumed at all | ||||||
4 | times. The disruption of a licensee's operations
shall be | ||||||
5 | proved by clear and convincing evidence, and establish | ||||||
6 | that: (A)
the procedures had no reasonable law enforcement | ||||||
7 | purposes, and (B) the
procedures were so disruptive as to | ||||||
8 | unreasonably inhibit gambling operations;
| ||||||
9 | (8) To hold at least one meeting each quarter of the | ||||||
10 | fiscal
year. In addition, special meetings may be called by | ||||||
11 | the Chairman or any 2
Board members upon 72 hours written | ||||||
12 | notice to each member. All Board
meetings shall be subject | ||||||
13 | to the Open Meetings Act. Three members of the
Board shall | ||||||
14 | constitute a quorum, and 3 votes shall be required for any
| ||||||
15 | final determination by the Board. The Board shall keep a | ||||||
16 | complete and
accurate record of all its meetings. A | ||||||
17 | majority of the members of the Board
shall constitute a | ||||||
18 | quorum for the transaction of any business, for the
| ||||||
19 | performance of any duty, or for the exercise of any power | ||||||
20 | which this Act
requires the Board members to transact, | ||||||
21 | perform or exercise en banc, except
that, upon order of the | ||||||
22 | Board, one of the Board members or an
administrative law | ||||||
23 | judge designated by the Board may conduct any hearing
| ||||||
24 | provided for under this Act or by Board rule and may | ||||||
25 | recommend findings and
decisions to the Board. The Board | ||||||
26 | member or administrative law judge
conducting such hearing | ||||||
27 | shall have all powers and rights granted to the
Board in | ||||||
28 | this Act. The record made at the time of the hearing shall | ||||||
29 | be
reviewed by the Board, or a majority thereof, and the | ||||||
30 | findings and decision
of the majority of the Board shall | ||||||
31 | constitute the order of the Board in
such case;
| ||||||
32 | (9) To maintain records which are separate and distinct | ||||||
33 | from the records
of any other State board or commission. | ||||||
34 | Such records shall be available
for public inspection and | ||||||
35 | shall accurately reflect all Board proceedings;
| ||||||
36 | (10) To file a written annual report with the Governor |
| |||||||
|
|||||||
1 | on or before
March 1 each year and such additional reports | ||||||
2 | as the Governor may request.
The annual report shall | ||||||
3 | include a statement of receipts and disbursements
by the | ||||||
4 | Board, actions taken by the Board, and any additional | ||||||
5 | information
and recommendations which the Board may deem | ||||||
6 | valuable or which the Governor
may request;
| ||||||
7 | (11) (Blank); and
| ||||||
8 | (12) To assume responsibility for the administration | ||||||
9 | and
enforcement of the Bingo License and Tax Act, the | ||||||
10 | Charitable Games Act, and
the Pull Tabs and Jar Games Act | ||||||
11 | if such responsibility is delegated to it
by the Director | ||||||
12 | of Revenue ; and .
| ||||||
13 | (13) To assume responsibility for administration and | ||||||
14 | enforcement of the
Video Gaming Act.
| ||||||
15 | (c) The Board shall have jurisdiction over and shall | ||||||
16 | supervise all
gambling operations governed by this Act. The | ||||||
17 | Board shall have all powers
necessary and proper to fully and | ||||||
18 | effectively execute the provisions of
this Act, including, but | ||||||
19 | not limited to, the following:
| ||||||
20 | (1) To investigate applicants and determine the | ||||||
21 | eligibility of
applicants for licenses and to select among | ||||||
22 | competing applicants the
applicants which best serve the | ||||||
23 | interests of the citizens of Illinois.
| ||||||
24 | (2) To have jurisdiction and supervision over all | ||||||
25 | riverboat gambling
operations in this State and all persons | ||||||
26 | on riverboats where gambling
operations are conducted.
| ||||||
27 | (3) To promulgate rules and regulations for the purpose | ||||||
28 | of administering
the provisions of this Act and to | ||||||
29 | prescribe rules, regulations and
conditions under which | ||||||
30 | all riverboat gambling in the State shall be
conducted. | ||||||
31 | Such rules and regulations are to provide for the | ||||||
32 | prevention of
practices detrimental to the public interest | ||||||
33 | and for the best interests of
riverboat gambling, including | ||||||
34 | rules and regulations regarding the
inspection of such | ||||||
35 | riverboats and the review of any permits or licenses
| ||||||
36 | necessary to operate a riverboat under any laws or |
| |||||||
|
|||||||
1 | regulations applicable
to riverboats, and to impose | ||||||
2 | penalties for violations thereof.
| ||||||
3 | (4) To enter the office, riverboats, facilities, or | ||||||
4 | other
places of business of a licensee, where evidence of | ||||||
5 | the compliance or
noncompliance with the provisions of this | ||||||
6 | Act is likely to be found.
| ||||||
7 | (5) To investigate alleged violations of this Act or | ||||||
8 | the
rules of the Board and to take appropriate disciplinary
| ||||||
9 | action against a licensee or a holder of an occupational | ||||||
10 | license for a
violation, or institute appropriate legal | ||||||
11 | action for enforcement, or both.
| ||||||
12 | (6) To adopt standards for the licensing of all persons | ||||||
13 | under this Act,
as well as for electronic or mechanical | ||||||
14 | gambling games, and to establish
fees for such licenses.
| ||||||
15 | (7) To adopt appropriate standards for all riverboats
| ||||||
16 | and facilities.
| ||||||
17 | (8) To require that the records, including financial or | ||||||
18 | other statements
of any licensee under this Act, shall be | ||||||
19 | kept in such manner as prescribed
by the Board and that any | ||||||
20 | such licensee involved in the ownership or
management of | ||||||
21 | gambling operations submit to the Board an annual balance
| ||||||
22 | sheet and profit and loss statement, list of the | ||||||
23 | stockholders or other
persons having a 1% or greater | ||||||
24 | beneficial interest in the gambling
activities of each | ||||||
25 | licensee, and any other information the Board deems
| ||||||
26 | necessary in order to effectively administer this Act and | ||||||
27 | all rules,
regulations, orders and final decisions | ||||||
28 | promulgated under this Act.
| ||||||
29 | (9) To conduct hearings, issue subpoenas for the | ||||||
30 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
31 | production of books, records
and other pertinent documents | ||||||
32 | in accordance with the Illinois
Administrative Procedure | ||||||
33 | Act, and to administer oaths and affirmations to
the | ||||||
34 | witnesses, when, in the judgment of the Board, it is | ||||||
35 | necessary to
administer or enforce this Act or the Board | ||||||
36 | rules.
|
| |||||||
|
|||||||
1 | (10) To prescribe a form to be used by any licensee | ||||||
2 | involved in the
ownership or management of gambling | ||||||
3 | operations as an
application for employment for their | ||||||
4 | employees.
| ||||||
5 | (11) To revoke or suspend licenses, as the Board may | ||||||
6 | see fit and in
compliance with applicable laws of the State | ||||||
7 | regarding administrative
procedures, and to review | ||||||
8 | applications for the renewal of licenses. The
Board may | ||||||
9 | suspend an owners license, without notice or hearing upon a
| ||||||
10 | determination that the safety or health of patrons or | ||||||
11 | employees is
jeopardized by continuing a riverboat's | ||||||
12 | operation. The suspension may
remain in effect until the | ||||||
13 | Board determines that the cause for suspension
has been | ||||||
14 | abated. The Board may revoke the owners license upon a
| ||||||
15 | determination that the owner has not made satisfactory | ||||||
16 | progress toward
abating the hazard.
| ||||||
17 | (12) To eject or exclude or authorize the ejection or | ||||||
18 | exclusion of, any
person from riverboat gambling | ||||||
19 | facilities where such person is in violation
of this Act, | ||||||
20 | rules and regulations thereunder, or final orders of the
| ||||||
21 | Board, or where such person's conduct or reputation is such | ||||||
22 | that his
presence within the riverboat gambling facilities | ||||||
23 | may, in the opinion of
the Board, call into question the | ||||||
24 | honesty and integrity of the gambling
operations or | ||||||
25 | interfere with orderly conduct thereof; provided that the
| ||||||
26 | propriety of such ejection or exclusion is subject to | ||||||
27 | subsequent hearing
by the Board.
| ||||||
28 | (13) To require all licensees of gambling operations to | ||||||
29 | utilize a
cashless wagering system whereby all players' | ||||||
30 | money is converted to tokens,
electronic cards, or chips | ||||||
31 | which shall be used only for wagering in the
gambling | ||||||
32 | establishment.
| ||||||
33 | (14) (Blank).
| ||||||
34 | (15) To suspend, revoke or restrict licenses, to | ||||||
35 | require the
removal of a licensee or an employee of a | ||||||
36 | licensee for a violation of this
Act or a Board rule or for |
| |||||||
|
|||||||
1 | engaging in a fraudulent practice, and to
impose civil | ||||||
2 | penalties of up to $5,000 against individuals and up to
| ||||||
3 | $10,000 or an amount equal to the daily gross receipts, | ||||||
4 | whichever is
larger, against licensees for each violation | ||||||
5 | of any provision of the Act,
any rules adopted by the | ||||||
6 | Board, any order of the Board or any other action
which, in | ||||||
7 | the Board's discretion, is a detriment or impediment to | ||||||
8 | riverboat
gambling operations.
| ||||||
9 | (16) To hire employees to gather information, conduct | ||||||
10 | investigations
and carry out any other tasks contemplated | ||||||
11 | under this Act.
| ||||||
12 | (17) To establish minimum levels of insurance to be | ||||||
13 | maintained by
licensees.
| ||||||
14 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
15 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
16 | of 1934 on board a riverboat
and to have exclusive | ||||||
17 | authority to establish the hours for sale and
consumption | ||||||
18 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
19 | any
provision of the Liquor Control Act of 1934 or any | ||||||
20 | local ordinance, and
regardless of whether the riverboat | ||||||
21 | makes excursions. The
establishment of the hours for sale | ||||||
22 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
23 | an exclusive power and function of the State. A home
rule | ||||||
24 | unit may not establish the hours for sale and consumption | ||||||
25 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
26 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
27 | and functions under subsection (h) of
Section 6 of Article | ||||||
28 | VII of the Illinois Constitution.
| ||||||
29 | (19) After consultation with the U.S. Army Corps of | ||||||
30 | Engineers, to
establish binding emergency orders upon the | ||||||
31 | concurrence of a majority of
the members of the Board | ||||||
32 | regarding the navigability of water, relative to
| ||||||
33 | excursions,
in the event
of extreme weather conditions, | ||||||
34 | acts of God or other extreme circumstances.
| ||||||
35 | (20) To delegate the execution of any of its powers | ||||||
36 | under this Act for
the purpose of administering and |
| |||||||
|
|||||||
1 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
2 | (21) To take any other action as may be reasonable or | ||||||
3 | appropriate to
enforce this Act and rules and regulations | ||||||
4 | hereunder.
| ||||||
5 | (d) The Board may seek and shall receive the cooperation of | ||||||
6 | the
Department of State Police in conducting background | ||||||
7 | investigations of
applicants and in fulfilling its | ||||||
8 | responsibilities under
this Section. Costs incurred by the | ||||||
9 | Department of State Police as
a result of such cooperation | ||||||
10 | shall be paid by the Board in conformance
with the requirements | ||||||
11 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
12 | ILCS 2605/2605-400).
| ||||||
13 | (e) The Board must authorize to each investigator and to | ||||||
14 | any other
employee of the Board exercising the powers of a | ||||||
15 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
16 | states that the badge is authorized by the Board
and
(ii) | ||||||
17 | contains a unique identifying number. No other badge shall be | ||||||
18 | authorized
by the Board.
| ||||||
19 | (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | ||||||
20 | eff.
1-1-01.)
| ||||||
21 | Section 190. The Criminal Code of 1961 is amended by | ||||||
22 | changing Sections 28-1,
28-1.1, and 28-3 as follows:
| ||||||
23 | (720 ILCS 5/28-1)
(from Ch. 38, par. 28-1)
| ||||||
24 | Sec. 28-1. Gambling.
| ||||||
25 | (a) A person commits gambling when he:
| ||||||
26 | (1) Plays a game of chance or skill for money or other | ||||||
27 | thing of
value, unless excepted in subsection (b) of this | ||||||
28 | Section; or
| ||||||
29 | (2) Makes a wager upon the result of any game, contest, | ||||||
30 | or any
political nomination, appointment or election; or
| ||||||
31 | (3) Operates, keeps, owns, uses, purchases, exhibits, | ||||||
32 | rents, sells,
bargains for the sale or lease of, | ||||||
33 | manufactures or distributes any
gambling device; or
| ||||||
34 | (4) Contracts to have or give himself or another the |
| |||||||
|
|||||||
1 | option to buy
or sell, or contracts to buy or sell, at a | ||||||
2 | future time, any grain or
other commodity whatsoever, or | ||||||
3 | any stock or security of any company,
where it is at the | ||||||
4 | time of making such contract intended by both parties
| ||||||
5 | thereto that the contract to buy or sell, or the option, | ||||||
6 | whenever
exercised, or the contract resulting therefrom, | ||||||
7 | shall be settled, not by
the receipt or delivery of such | ||||||
8 | property, but by the payment only of
differences in prices | ||||||
9 | thereof; however, the issuance, purchase, sale,
exercise, | ||||||
10 | endorsement or guarantee, by or through a person registered
| ||||||
11 | with the Secretary of State pursuant to Section 8 of the | ||||||
12 | Illinois
Securities Law of 1953, or by or through a person | ||||||
13 | exempt from such
registration under said Section 8, of a | ||||||
14 | put, call, or other option to
buy or sell securities which | ||||||
15 | have been registered with the Secretary of
State or which | ||||||
16 | are exempt from such registration under Section 3 of the
| ||||||
17 | Illinois Securities Law of 1953 is not gambling within the | ||||||
18 | meaning of
this paragraph (4); or
| ||||||
19 | (5) Knowingly owns or possesses any book, instrument or | ||||||
20 | apparatus by
means of which bets or wagers have been, or | ||||||
21 | are, recorded or registered,
or knowingly possesses any | ||||||
22 | money which he has received in the course of
a bet or | ||||||
23 | wager; or
| ||||||
24 | (6) Sells pools upon the result of any game or contest | ||||||
25 | of skill or
chance, political nomination, appointment or | ||||||
26 | election; or
| ||||||
27 | (7) Sets up or promotes any lottery or sells, offers to | ||||||
28 | sell or
transfers any ticket or share for any lottery; or
| ||||||
29 | (8) Sets up or promotes any policy game or sells, | ||||||
30 | offers to sell or
knowingly possesses or transfers any | ||||||
31 | policy ticket, slip, record,
document or other similar | ||||||
32 | device; or
| ||||||
33 | (9) Knowingly drafts, prints or publishes any lottery | ||||||
34 | ticket or share,
or any policy ticket, slip, record, | ||||||
35 | document or similar device, except for
such activity | ||||||
36 | related to lotteries, bingo games and raffles authorized by
|
| |||||||
|
|||||||
1 | and conducted in accordance with the laws of Illinois or | ||||||
2 | any other state or
foreign government; or
| ||||||
3 | (10) Knowingly advertises any lottery or policy game, | ||||||
4 | except for such
activity related to lotteries, bingo games | ||||||
5 | and raffles authorized by and
conducted in accordance with | ||||||
6 | the laws of Illinois or any other state; or
| ||||||
7 | (11) Knowingly transmits information as to wagers, | ||||||
8 | betting odds, or
changes in betting odds by telephone, | ||||||
9 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
10 | installs or maintains equipment for the
transmission or | ||||||
11 | receipt of such information; except that nothing in this
| ||||||
12 | subdivision (11) prohibits transmission or receipt of such | ||||||
13 | information
for use in news reporting of sporting events or | ||||||
14 | contests; or
| ||||||
15 | (12) Knowingly establishes, maintains, or operates an | ||||||
16 | Internet site that
permits a person to play a game of
| ||||||
17 | chance or skill for money or other thing of value by means | ||||||
18 | of the Internet or
to make a wager upon the
result of any | ||||||
19 | game, contest, political nomination, appointment, or
| ||||||
20 | election by means of the Internet.
| ||||||
21 | (b) Participants in any of the following activities shall | ||||||
22 | not be
convicted of gambling therefor:
| ||||||
23 | (1) Agreements to compensate for loss caused by the | ||||||
24 | happening of
chance including without limitation contracts | ||||||
25 | of indemnity or guaranty
and life or health or accident | ||||||
26 | insurance;
| ||||||
27 | (2) Offers of prizes, award or compensation to the | ||||||
28 | actual
contestants in any bona fide contest for the | ||||||
29 | determination of skill,
speed, strength or endurance or to | ||||||
30 | the owners of animals or vehicles
entered in such contest;
| ||||||
31 | (3) Pari-mutuel betting as authorized by the law of | ||||||
32 | this State;
| ||||||
33 | (4) Manufacture of gambling devices, including the | ||||||
34 | acquisition of
essential parts therefor and the assembly | ||||||
35 | thereof, for transportation in
interstate or foreign | ||||||
36 | commerce to any place outside this State when such
|
| |||||||
|
|||||||
1 | transportation is not prohibited by any applicable Federal | ||||||
2 | law; or the
manufacture, distribution, or possession of | ||||||
3 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
4 | by manufacturers, distributors, and
terminal operators | ||||||
5 | licensed to do so under the Video Gaming Act;
| ||||||
6 | (5) The game commonly known as "bingo", when conducted | ||||||
7 | in accordance
with the Bingo License and Tax Act;
| ||||||
8 | (6) Lotteries when conducted by the State of Illinois | ||||||
9 | in accordance
with the Illinois Lottery Law;
| ||||||
10 | (7) Possession of an antique slot machine that is | ||||||
11 | neither used nor
intended to be used in the operation or | ||||||
12 | promotion of any unlawful
gambling activity or enterprise. | ||||||
13 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
14 | slot machine is one manufactured 25 years ago or earlier;
| ||||||
15 | (8) Raffles when conducted in accordance with the | ||||||
16 | Raffles Act;
| ||||||
17 | (9) Charitable games when conducted in accordance with | ||||||
18 | the Charitable
Games Act;
| ||||||
19 | (10) Pull tabs and jar games when conducted under the | ||||||
20 | Illinois Pull
Tabs and Jar Games Act; or
| ||||||
21 | (11) Gambling games conducted on riverboats when
| ||||||
22 | authorized by the Riverboat Gambling Act ; or .
| ||||||
23 | (12) Video gaming terminal games at a licensed | ||||||
24 | establishment, licensed truck stop establishment,
licensed
| ||||||
25 | fraternal establishment, or licensed veterans | ||||||
26 | establishment when
conducted in accordance with the Video | ||||||
27 | Gaming Act.
| ||||||
28 | (c) Sentence.
| ||||||
29 | Gambling under subsection (a)(1) or (a)(2) of this Section | ||||||
30 | is a
Class A misdemeanor. Gambling under any of subsections | ||||||
31 | (a)(3) through
(a)(11) of this Section is a Class A | ||||||
32 | misdemeanor. A second or
subsequent conviction under any of | ||||||
33 | subsections (a)(3) through (a)(11),
is a Class 4 felony. | ||||||
34 | Gambling under subsection (a)(12) of this Section is a
Class A
| ||||||
35 | misdemeanor. A second or subsequent conviction under | ||||||
36 | subsection (a)(12) is a
Class 4 felony.
|
| |||||||
|
|||||||
1 | (d) Circumstantial evidence.
| ||||||
2 | In prosecutions under subsection (a)(1) through (a)(12) of
| ||||||
3 | this
Section circumstantial evidence shall have the same | ||||||
4 | validity and weight as
in any criminal prosecution.
| ||||||
5 | (Source: P.A. 91-257, eff. 1-1-00.)
| ||||||
6 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
7 | Sec. 28-1.1. Syndicated gambling.
| ||||||
8 | (a) Declaration of Purpose. Recognizing the close | ||||||
9 | relationship between
professional gambling and other organized | ||||||
10 | crime, it is declared to be the
policy of the legislature to | ||||||
11 | restrain persons from engaging in the business
of gambling for | ||||||
12 | profit in this State. This Section shall be liberally
construed | ||||||
13 | and administered with a view to carrying out this policy.
| ||||||
14 | (b) A person commits syndicated gambling when he operates a | ||||||
15 | "policy
game" or engages in the business of bookmaking.
| ||||||
16 | (c) A person "operates a policy game" when he knowingly | ||||||
17 | uses any
premises or property for the purpose of receiving or | ||||||
18 | knowingly does
receive from what is commonly called "policy":
| ||||||
19 | (1) money from a person other than the better or player | ||||||
20 | whose
bets or plays are represented by such money; or
| ||||||
21 | (2) written "policy game" records, made or used over | ||||||
22 | any
period of time, from a person other than the better or | ||||||
23 | player whose bets
or plays are represented by such written | ||||||
24 | record.
| ||||||
25 | (d) A person engages in bookmaking when he receives or | ||||||
26 | accepts more
than five bets or wagers upon the result of any | ||||||
27 | trials or contests of
skill, speed or power of endurance or | ||||||
28 | upon any lot, chance, casualty,
unknown or contingent event | ||||||
29 | whatsoever, which bets or wagers shall be of
such size that the | ||||||
30 | total of the amounts of money paid or promised to be
paid to | ||||||
31 | such bookmaker on account thereof shall exceed $2,000.
| ||||||
32 | Bookmaking is the receiving or accepting of such bets or wagers
| ||||||
33 | regardless of the form or manner in which the bookmaker records | ||||||
34 | them.
| ||||||
35 | (e) Participants in any of the following activities shall |
| |||||||
|
|||||||
1 | not be
convicted of syndicated gambling:
| ||||||
2 | (1) Agreements to compensate for loss caused by the | ||||||
3 | happening
of chance including without limitation contracts | ||||||
4 | of indemnity or
guaranty and life or health or accident | ||||||
5 | insurance; and
| ||||||
6 | (2) Offers of prizes, award or compensation to the | ||||||
7 | actual
contestants in any bona fide contest for the | ||||||
8 | determination of skill,
speed, strength or endurance or to | ||||||
9 | the owners of animals or vehicles
entered in such contest; | ||||||
10 | and
| ||||||
11 | (3) Pari-mutuel betting as authorized by law of this | ||||||
12 | State;
and
| ||||||
13 | (4) Manufacture of gambling devices, including the | ||||||
14 | acquisition
of essential parts therefor and the assembly | ||||||
15 | thereof, for transportation
in interstate or foreign | ||||||
16 | commerce to any place outside this State when
such | ||||||
17 | transportation is not prohibited by any applicable Federal | ||||||
18 | law; and
| ||||||
19 | (5) Raffles when conducted in accordance with the | ||||||
20 | Raffles Act; and
| ||||||
21 | (6) Gambling games conducted on riverboats when
| ||||||
22 | authorized by the Riverboat Gambling Act ; and .
| ||||||
23 | (7) Video gaming terminal games at a licensed | ||||||
24 | establishment, licensed truck stop establishment,
licensed
| ||||||
25 | fraternal establishment, or licensed veterans | ||||||
26 | establishment
when conducted in accordance with the Video | ||||||
27 | Gaming Act.
| ||||||
28 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
29 | (Source: P.A. 86-1029; 87-435.)
| ||||||
30 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
31 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
32 | any real
estate, vehicle, boat or any other property whatsoever | ||||||
33 | used for the
purposes of gambling other than gambling conducted | ||||||
34 | in the manner authorized
by the Riverboat Gambling Act or the | ||||||
35 | Video Gaming Act . Any person who
knowingly permits any premises
|
| |||||||
|
|||||||
1 | or property owned or occupied by him or under his control to be | ||||||
2 | used as a
gambling place commits a Class A misdemeanor. Each | ||||||
3 | subsequent offense is a
Class 4 felony. When any premises is | ||||||
4 | determined by the circuit court to be
a gambling place:
| ||||||
5 | (a) Such premises is a public nuisance and may be proceeded | ||||||
6 | against as such,
and
| ||||||
7 | (b) All licenses, permits or certificates issued by the | ||||||
8 | State of
Illinois or any subdivision or public agency thereof | ||||||
9 | authorizing the
serving of food or liquor on such premises | ||||||
10 | shall be void; and no license,
permit or certificate so | ||||||
11 | cancelled shall be reissued for such premises for
a period of | ||||||
12 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
13 | gambling place be reissued such license
for one year from his | ||||||
14 | conviction and, after a second conviction of keeping
a gambling | ||||||
15 | place, any such person shall not be reissued such license, and
| ||||||
16 | (c) Such premises of any person who knowingly permits | ||||||
17 | thereon a
violation of any Section of this Article shall be | ||||||
18 | held liable for, and may
be sold to pay any unsatisfied | ||||||
19 | judgment that may be recovered and any
unsatisfied fine that | ||||||
20 | may be levied under any Section of this Article.
| ||||||
21 | (Source: P.A. 86-1029.)
| ||||||
22 | Section 195. The State Finance Act is amended by adding | ||||||
23 | Section
5.625 as follows:
| ||||||
24 | (30 ILCS 105/5.625 new)
| ||||||
25 | Sec. 5.625. The Local Government Video Gaming Distributive | ||||||
26 | Fund.
| ||||||
27 | Section 999. Effective date. This Act takes effect upon | ||||||
28 | becoming law.
|