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1 | AN ACT concerning gambling.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||
4 | Section 3. The Department of Revenue Law of the Civil | ||||||||||||||||||||||||||||||||||||||||||
5 | Administrative Code
of
Illinois is amended by changing Section | ||||||||||||||||||||||||||||||||||||||||||
6 | 2505-305 as follows:
| ||||||||||||||||||||||||||||||||||||||||||
7 | (20 ILCS 2505/2505-305)
(was 20 ILCS 2505/39b15.1)
| ||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 2505-305. Investigators.
| ||||||||||||||||||||||||||||||||||||||||||
9 | (a) The Department has the power to appoint investigators | ||||||||||||||||||||||||||||||||||||||||||
10 | to conduct all
investigations, searches, seizures, arrests, | ||||||||||||||||||||||||||||||||||||||||||
11 | and other duties imposed under the
provisions of any law | ||||||||||||||||||||||||||||||||||||||||||
12 | administered by the Department or the Illinois Gaming
Board. | ||||||||||||||||||||||||||||||||||||||||||
13 | Except as provided in subsection (c), these investigators have | ||||||||||||||||||||||||||||||||||||||||||
14 | and may
exercise all the powers of peace officers solely for | ||||||||||||||||||||||||||||||||||||||||||
15 | the purpose of enforcing
taxing measures administered by the | ||||||||||||||||||||||||||||||||||||||||||
16 | Department or the Illinois Gaming Board.
| ||||||||||||||||||||||||||||||||||||||||||
17 | (b) The Director must authorize to each investigator | ||||||||||||||||||||||||||||||||||||||||||
18 | employed under this
Section and to any other employee of the | ||||||||||||||||||||||||||||||||||||||||||
19 | Department exercising the powers of a
peace officer a distinct | ||||||||||||||||||||||||||||||||||||||||||
20 | badge that, on its face, (i) clearly states that the
badge is | ||||||||||||||||||||||||||||||||||||||||||
21 | authorized by the Department and (ii) contains a unique | ||||||||||||||||||||||||||||||||||||||||||
22 | identifying
number. No other badge shall be authorized by
the | ||||||||||||||||||||||||||||||||||||||||||
23 | Department.
| ||||||||||||||||||||||||||||||||||||||||||
24 | (c) Investigators appointed under this Section who are | ||||||||||||||||||||||||||||||||||||||||||
25 | assigned to the
Illinois Gaming Board have and may exercise all | ||||||||||||||||||||||||||||||||||||||||||
26 | the rights and powers of peace
officers .
, provided that these | ||||||||||||||||||||||||||||||||||||||||||
27 | powers shall be limited to offenses or
violations occurring or | ||||||||||||||||||||||||||||||||||||||||||
28 | committed on a riverboat or dock, as defined in
subsections (d) | ||||||||||||||||||||||||||||||||||||||||||
29 | and (f) of Section 4 of the Riverboat Gambling Act.
| ||||||||||||||||||||||||||||||||||||||||||
30 | (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, | ||||||||||||||||||||||||||||||||||||||||||
31 | eff.
1-1-02.)
|
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1 | Section 5. The Riverboat Gambling Act is amended by | ||||||
2 | changing Sections 5, 6, 8, 9, 11, 12, 13, 13.1, and 18 as | ||||||
3 | 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 | ||||||
35 | qualified for like terms.
Vacancies in the Board shall be |
| |||||||
|
|||||||
1 | filled for the unexpired term in like
manner as original | ||||||
2 | appointments. Each member of the Board shall be
eligible for | ||||||
3 | reappointment at the discretion of the Governor with the
advice | ||||||
4 | and consent of the Senate.
| ||||||
5 | (4) Each member of the Board shall receive $300 for each | ||||||
6 | day the
Board meets and for each day the member conducts any | ||||||
7 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
8 | also be reimbursed for all actual
and necessary expenses and | ||||||
9 | disbursements incurred in the execution of official
duties.
| ||||||
10 | (5) No person shall be appointed a member of the Board or | ||||||
11 | continue to be
a member of the Board who is, or whose spouse, | ||||||
12 | child or parent is, a member
of the board of directors of, or a | ||||||
13 | person financially interested in, any
gambling operation | ||||||
14 | subject to the jurisdiction of this Board, or any race
track, | ||||||
15 | race meeting, racing association or the operations thereof | ||||||
16 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
17 | Board member shall
hold any other public office for which he | ||||||
18 | shall receive compensation other
than necessary travel or other | ||||||
19 | incidental expenses. No person shall be a
member of the Board | ||||||
20 | who is not of good moral character or who has been
convicted | ||||||
21 | of, or is under indictment for, a felony under the laws of
| ||||||
22 | Illinois or any other state, or the United States.
| ||||||
23 | (6) Any member of the Board may be removed by the Governor | ||||||
24 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
25 | in office.
| ||||||
26 | (7) Before entering upon the discharge of the duties of his | ||||||
27 | office, each
member of the Board shall take an oath that he | ||||||
28 | will faithfully execute the
duties of his office according to | ||||||
29 | the laws of the State and the rules and
regulations adopted | ||||||
30 | therewith and shall give bond to the State of Illinois,
| ||||||
31 | approved by the Governor, in the sum of $25,000. Every such | ||||||
32 | bond, when
duly executed and approved, shall be recorded in the | ||||||
33 | office of the
Secretary of State. Whenever the Governor | ||||||
34 | determines that the bond of any
member of the Board has become | ||||||
35 | or is likely to become invalid or
insufficient, he shall | ||||||
36 | require such member forthwith to renew his bond,
which is to be |
| |||||||
|
|||||||
1 | approved by the Governor. Any member of the Board who fails
to | ||||||
2 | take oath and give bond within 30 days from the date of his | ||||||
3 | appointment,
or who fails to renew his bond within 30 days | ||||||
4 | after it is demanded by the
Governor, shall be guilty of | ||||||
5 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
6 | any bond given by any member of the Board under this
Section | ||||||
7 | shall be taken to be a part of the necessary expenses of the | ||||||
8 | Board.
| ||||||
9 | (8) Upon the request of the Board, the Department shall | ||||||
10 | employ such
personnel as may be necessary to carry out the | ||||||
11 | functions of the Board. No
person shall be employed to serve | ||||||
12 | the Board who is, or whose spouse, parent
or child is, an | ||||||
13 | official of, or has a financial interest in or financial
| ||||||
14 | relation with, any operator engaged in gambling operations | ||||||
15 | within this
State or any organization engaged in conducting | ||||||
16 | horse racing within this
State. Any employee violating these | ||||||
17 | prohibitions shall be subject to
termination of employment.
| ||||||
18 | (9) An Administrator shall perform any and all duties that | ||||||
19 | the Board
shall assign him. The salary of the Administrator | ||||||
20 | shall be determined by
the Board and approved by the Director | ||||||
21 | of the Department and, in addition,
he shall be reimbursed for | ||||||
22 | all actual and necessary expenses incurred by
him in discharge | ||||||
23 | of his official duties. The Administrator shall keep
records of | ||||||
24 | all proceedings of the Board and shall preserve all records,
| ||||||
25 | books, documents and other papers belonging to the Board or | ||||||
26 | entrusted to
its care. The Administrator shall devote his full | ||||||
27 | time to the duties of
the office and shall not hold any other | ||||||
28 | office or employment.
| ||||||
29 | (b) The Board shall have general responsibility for the | ||||||
30 | implementation
of this Act. Its duties include, without | ||||||
31 | limitation, the following:
| ||||||
32 | (1) To decide promptly and in reasonable order all | ||||||
33 | license applications.
Any party aggrieved by an action of | ||||||
34 | the Board denying, suspending,
revoking, restricting or | ||||||
35 | refusing to renew a license may request a hearing
before | ||||||
36 | the Board. A request for a hearing must be made to the |
| |||||||
|
|||||||
1 | Board in
writing within 5 days after service of notice of | ||||||
2 | the action of the Board.
Notice of the action of the Board | ||||||
3 | shall be served either by personal
delivery or by certified | ||||||
4 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
5 | served by certified mail shall be deemed complete on the | ||||||
6 | business
day following the date of such mailing. The Board | ||||||
7 | shall conduct all
requested hearings promptly and in | ||||||
8 | reasonable order;
| ||||||
9 | (2) To conduct all hearings pertaining to civil | ||||||
10 | violations of this Act
or rules and regulations promulgated | ||||||
11 | hereunder;
| ||||||
12 | (3) To promulgate such rules and regulations as in its | ||||||
13 | judgment may be
necessary to protect or enhance the | ||||||
14 | credibility and integrity of gambling
operations | ||||||
15 | authorized by this Act and the regulatory process | ||||||
16 | hereunder;
| ||||||
17 | (4) To provide for the establishment and collection of | ||||||
18 | all license and
registration fees and taxes imposed by this | ||||||
19 | Act and the rules and
regulations issued pursuant hereto. | ||||||
20 | All such fees and taxes shall be
deposited into the State | ||||||
21 | Gaming Fund;
| ||||||
22 | (5) To provide for the levy and collection of penalties | ||||||
23 | and fines for the
violation of provisions of this Act and | ||||||
24 | the rules and regulations
promulgated hereunder. All such | ||||||
25 | fines and penalties shall be deposited
into the Education | ||||||
26 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
27 | State of Illinois;
| ||||||
28 | (6) To be present through its inspectors and agents any | ||||||
29 | time gambling
operations are conducted on any riverboat for | ||||||
30 | the purpose of certifying the
revenue thereof, receiving | ||||||
31 | complaints from the public, and conducting such
other | ||||||
32 | investigations into the conduct of the gambling games and | ||||||
33 | the
maintenance of the equipment as from time to time the | ||||||
34 | Board may deem
necessary and proper;
| ||||||
35 | (7) To review and rule upon any complaint by a licensee
| ||||||
36 | regarding any investigative procedures of the State which |
| |||||||
|
|||||||
1 | are unnecessarily
disruptive of gambling operations. The | ||||||
2 | need to inspect and investigate
shall be presumed at all | ||||||
3 | times. The disruption of a licensee's operations
shall be | ||||||
4 | proved by clear and convincing evidence, and establish | ||||||
5 | that: (A)
the procedures had no reasonable law enforcement | ||||||
6 | purposes, and (B) the
procedures were so disruptive as to | ||||||
7 | unreasonably inhibit gambling operations;
| ||||||
8 | (8) To hold at least one meeting each quarter of the | ||||||
9 | fiscal
year. In addition, special meetings may be called by | ||||||
10 | the Chairman or any 2
Board members upon 72 hours written | ||||||
11 | notice to each member. All Board
meetings shall be subject | ||||||
12 | to the Open Meetings Act. Three members of the
Board shall | ||||||
13 | constitute a quorum, and 3 votes shall be required for any
| ||||||
14 | final determination by the Board. The Board shall keep a | ||||||
15 | complete and
accurate record of all its meetings. A | ||||||
16 | majority of the members of the Board
shall constitute a | ||||||
17 | quorum for the transaction of any business, for the
| ||||||
18 | performance of any duty, or for the exercise of any power | ||||||
19 | which this Act
requires the Board members to transact, | ||||||
20 | perform or exercise en banc, except
that, upon order of the | ||||||
21 | Board, one of the Board members or an
administrative law | ||||||
22 | judge designated by the Board may conduct any hearing
| ||||||
23 | provided for under this Act or by Board rule and may | ||||||
24 | recommend findings and
decisions to the Board. The Board | ||||||
25 | member or administrative law judge
conducting such hearing | ||||||
26 | shall have all powers and rights granted to the
Board in | ||||||
27 | this Act. The record made at the time of the hearing shall | ||||||
28 | be
reviewed by the Board, or a majority thereof, and the | ||||||
29 | findings and decision
of the majority of the Board shall | ||||||
30 | constitute the order of the Board in
such case;
| ||||||
31 | (9) To maintain records which are separate and distinct | ||||||
32 | from the records
of any other State board or commission. | ||||||
33 | Such records shall be available
for public inspection and | ||||||
34 | shall accurately reflect all Board proceedings;
| ||||||
35 | (10) To file a written annual report with the Governor | ||||||
36 | on or before
March 1 each year and such additional reports |
| |||||||
|
|||||||
1 | as the Governor may request.
The annual report shall | ||||||
2 | include a statement of receipts and disbursements
by the | ||||||
3 | Board, actions taken by the Board, and any additional | ||||||
4 | information
and recommendations which the Board may deem | ||||||
5 | valuable or which the Governor
may request;
| ||||||
6 | (11) (Blank); and
| ||||||
7 | (12) To assume responsibility for the administration | ||||||
8 | and
enforcement of the Bingo License and Tax Act, the | ||||||
9 | Charitable Games Act, and
the Pull Tabs and Jar Games Act | ||||||
10 | if such responsibility is delegated to it
by the Director | ||||||
11 | of Revenue.
| ||||||
12 | (c) The Board shall have jurisdiction over and shall | ||||||
13 | supervise all
gambling operations governed by this Act. The | ||||||
14 | Board shall have all powers
necessary and proper to fully and | ||||||
15 | effectively execute the provisions of
this Act, including, but | ||||||
16 | not limited to, the following:
| ||||||
17 | (1) To investigate applicants and determine the | ||||||
18 | eligibility of
applicants for licenses and to select among | ||||||
19 | competing applicants the
applicants which best serve the | ||||||
20 | interests of the citizens of Illinois.
| ||||||
21 | (2) To have jurisdiction and supervision over all | ||||||
22 | riverboat gambling
operations in this State and all persons | ||||||
23 | on riverboats where gambling
operations are conducted.
| ||||||
24 | (3) To promulgate rules and regulations for the purpose | ||||||
25 | of administering
the provisions of this Act and to | ||||||
26 | prescribe rules, regulations and
conditions under which | ||||||
27 | all riverboat gambling in the State shall be
conducted. | ||||||
28 | Such rules and regulations are to provide for the | ||||||
29 | prevention of
practices detrimental to the public interest | ||||||
30 | and for the best interests of
riverboat gambling, including | ||||||
31 | rules and regulations regarding the
inspection of such | ||||||
32 | riverboats and the review of any permits or licenses
| ||||||
33 | necessary to operate a riverboat under any laws or | ||||||
34 | regulations applicable
to riverboats, and to impose | ||||||
35 | penalties for violations thereof.
| ||||||
36 | (4) To enter the office, riverboats, facilities, or |
| |||||||
|
|||||||
1 | other
places of business of a licensee, where evidence of | ||||||
2 | the compliance or
noncompliance with the provisions of this | ||||||
3 | Act is likely to be found.
| ||||||
4 | (5) To investigate alleged violations of this Act or | ||||||
5 | the
rules of the Board and to take appropriate disciplinary
| ||||||
6 | action against a licensee or a holder of an occupational | ||||||
7 | license for a
violation, or institute appropriate legal | ||||||
8 | action for enforcement, or both.
| ||||||
9 | (6) To adopt standards for the licensing of all persons | ||||||
10 | under this Act,
as well as for electronic or mechanical | ||||||
11 | gambling games, and to establish
fees for such licenses.
| ||||||
12 | (7) To adopt appropriate standards for all riverboats
| ||||||
13 | and facilities.
| ||||||
14 | (8) To require that the records, including financial or | ||||||
15 | other statements
of any licensee under this Act, shall be | ||||||
16 | kept in such manner as prescribed
by the Board and that any | ||||||
17 | such licensee involved in the ownership or
management of | ||||||
18 | gambling operations submit to the Board an annual balance
| ||||||
19 | sheet and profit and loss statement, list of the | ||||||
20 | stockholders or other
persons having a 1% or greater | ||||||
21 | beneficial interest in the gambling
activities of each | ||||||
22 | licensee, and any other information the Board deems
| ||||||
23 | necessary in order to effectively administer this Act and | ||||||
24 | all rules,
regulations, orders and final decisions | ||||||
25 | promulgated under this Act.
| ||||||
26 | (8.1) To determine which entities and persons are | ||||||
27 | subject to Board
approval for involvement in the ownership | ||||||
28 | or operations of riverboat gambling
in Illinois and to | ||||||
29 | approve the participation of such entities and persons,
| ||||||
30 | including approvals related to parent and subsidiary | ||||||
31 | entities.
| ||||||
32 | (9) To conduct hearings, issue subpoenas for the | ||||||
33 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
34 | production of books, records
and other pertinent documents | ||||||
35 | in accordance with the Illinois
Administrative Procedure | ||||||
36 | Act, and to administer oaths and affirmations to
the |
| |||||||
|
|||||||
1 | witnesses, when, in the judgment of the Board, it is | ||||||
2 | necessary to
administer or enforce this Act or the Board | ||||||
3 | rules.
| ||||||
4 | (10) To prescribe a form to be used by any licensee | ||||||
5 | involved in the
ownership or management of gambling | ||||||
6 | operations as an
application for employment for their | ||||||
7 | employees.
| ||||||
8 | (11) To revoke or suspend licenses, as the Board may | ||||||
9 | see fit and in
compliance with applicable laws of the State | ||||||
10 | regarding administrative
procedures, and to review | ||||||
11 | applications for the renewal of licenses. The
Board may | ||||||
12 | suspend an owners license, without notice or hearing upon a
| ||||||
13 | determination that the safety or health of patrons or | ||||||
14 | employees is
jeopardized by continuing a riverboat's | ||||||
15 | operation. The suspension may
remain in effect until the | ||||||
16 | Board determines that the cause for suspension
has been | ||||||
17 | abated. The Board may revoke the owners license upon a
| ||||||
18 | determination that the owner has not made satisfactory | ||||||
19 | progress toward
abating the hazard.
| ||||||
20 | (12) To eject or exclude or authorize the ejection or | ||||||
21 | exclusion of, any
person from riverboat gambling | ||||||
22 | facilities where such person is in violation
of this Act, | ||||||
23 | rules and regulations thereunder, or final orders of the
| ||||||
24 | Board, or where such person's conduct or reputation is such | ||||||
25 | that his
presence within the riverboat gambling facilities | ||||||
26 | may, in the opinion of
the Board, call into question the | ||||||
27 | honesty and integrity of the gambling
operations or | ||||||
28 | interfere with orderly conduct thereof; provided that the
| ||||||
29 | propriety of such ejection or exclusion is subject to | ||||||
30 | subsequent hearing
by the Board.
| ||||||
31 | (13) To require all licensees of gambling operations to | ||||||
32 | utilize a
cashless wagering system whereby all players' | ||||||
33 | money is converted to tokens,
electronic cards, or chips | ||||||
34 | which shall be used only for wagering in the
gambling | ||||||
35 | establishment.
| ||||||
36 | (14) (Blank).
|
| |||||||
|
|||||||
1 | (15) To suspend, revoke or restrict licenses, to | ||||||
2 | require the
removal of a licensee or an employee , officer, | ||||||
3 | director, or shareholder of
a licensee , or to require the | ||||||
4 | termination of a business relationship for a
violation of | ||||||
5 | this
Act or a Board rule or for engaging in a fraudulent | ||||||
6 | practice, and to
impose civil penalties of up to $5,000 | ||||||
7 | against individuals and up to
$10,000 or an amount equal to | ||||||
8 | the daily gross receipts, whichever is
larger, against | ||||||
9 | licensees for each violation of any provision of the Act,
| ||||||
10 | any rules adopted by the Board, any order of the Board or | ||||||
11 | any other action
which, in the Board's discretion, is a | ||||||
12 | detriment or impediment to riverboat
gambling operations.
| ||||||
13 | (16) To hire employees to gather information, conduct | ||||||
14 | investigations
and carry out any other tasks contemplated | ||||||
15 | under this Act.
| ||||||
16 | (17) To establish minimum levels of insurance to be | ||||||
17 | maintained by
licensees.
| ||||||
18 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
19 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
20 | of 1934 on board a riverboat
and to have exclusive | ||||||
21 | authority to establish the hours for sale and
consumption | ||||||
22 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
23 | any
provision of the Liquor Control Act of 1934 or any | ||||||
24 | local ordinance, and
regardless of whether the riverboat | ||||||
25 | makes excursions. The
establishment of the hours for sale | ||||||
26 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
27 | an exclusive power and function of the State. A home
rule | ||||||
28 | unit may not establish the hours for sale and consumption | ||||||
29 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
30 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
31 | and functions under subsection (h) of
Section 6 of Article | ||||||
32 | VII of the Illinois Constitution.
| ||||||
33 | (19) After consultation with the U.S. Army Corps of | ||||||
34 | Engineers, to
establish binding emergency orders upon the | ||||||
35 | concurrence of a majority of
the members of the Board | ||||||
36 | regarding the navigability of water, relative to
|
| |||||||
|
|||||||
1 | excursions,
in the event
of extreme weather conditions, | ||||||
2 | acts of God or other extreme circumstances.
| ||||||
3 | (19.2) To petition the circuit court of Sangamon County | ||||||
4 | for
appointment of a receiver for a riverboat gambling | ||||||
5 | operation if either of the
following conditions exist: (i) | ||||||
6 | the Board has suspended, revoked, or refused to
renew the | ||||||
7 | license of the owner or (ii) the riverboat gambling | ||||||
8 | operation is
closing
and the licensed owner is voluntarily | ||||||
9 | surrendering its owners license.
A receiver appointed by | ||||||
10 | the court shall be an individual or
entity selected from | ||||||
11 | among up to 3 nominees submitted to the
court by the Board. | ||||||
12 | A copy of the petition and notice of a hearing, which must
| ||||||
13 | be held
within 5 days of the filing of the petition, shall | ||||||
14 | be served on the holder of
the owners license as provided | ||||||
15 | under the Civil Practice Law. The Board shall
determine the | ||||||
16 | amount of reasonable compensation, fees, and expenses to be
| ||||||
17 | assessed and retained by the receiver, which shall be paid | ||||||
18 | from the adjusted
gross receipts of the
riverboat gambling | ||||||
19 | operation, after the payment of wagering and admission
| ||||||
20 | taxes,
for the services, costs, and expenses of the | ||||||
21 | receiver and any other persons
whom
the receiver may engage | ||||||
22 | to assist him or her in performing his or her duties.
The | ||||||
23 | compensation, fees, and expenses authorized by the Board | ||||||
24 | shall have the
same
priority as the payment and collection | ||||||
25 | of taxes and fees to the State required
under this Act. The | ||||||
26 | powers and duties of the receiver shall be requested in the
| ||||||
27 | petition and determined by the court, but in no event shall | ||||||
28 | the duration of the
receivership exceed one year.
| ||||||
29 | (19.3) To administer and enforce a self-exclusion | ||||||
30 | program for problem
gamblers.
| ||||||
31 | (20) To delegate the execution of any of its powers | ||||||
32 | under this Act for
the purpose of administering and | ||||||
33 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
34 | (21) To take any other action as may be reasonable or | ||||||
35 | appropriate to
enforce this Act and rules and regulations | ||||||
36 | hereunder.
|
| |||||||
|
|||||||
1 | (d) The Board may seek and shall receive the cooperation of | ||||||
2 | the
Department of State Police in conducting background | ||||||
3 | investigations of
applicants and in fulfilling its | ||||||
4 | responsibilities under
this Section. Costs incurred by the | ||||||
5 | Department of State Police as
a result of such cooperation | ||||||
6 | shall be paid by the Board in conformance
with the requirements | ||||||
7 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
8 | ILCS 2605/2605-400).
| ||||||
9 | (e) The Board must authorize to each investigator and to | ||||||
10 | any other
employee of the Board exercising the powers of a | ||||||
11 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
12 | states that the badge is authorized by the Board
and
(ii) | ||||||
13 | contains a unique identifying number. No other badge shall be | ||||||
14 | authorized
by the Board.
| ||||||
15 | (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | ||||||
16 | eff.
1-1-01.)
| ||||||
17 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
18 | Sec. 6. Application for Owners License.
| ||||||
19 | (a) A qualified person may
apply to the Board for an owners | ||||||
20 | license to
conduct a riverboat gambling operation as provided | ||||||
21 | in this Act. The
application shall be made on forms provided by | ||||||
22 | the Board and shall contain
such information as the Board | ||||||
23 | prescribes, including but not limited to the
identity of the | ||||||
24 | riverboat on which such gambling operation is to be
conducted | ||||||
25 | and the exact location where such riverboat will be docked, a
| ||||||
26 | certification that the riverboat will be registered under this | ||||||
27 | Act at all
times during which gambling operations are conducted | ||||||
28 | on board, detailed
information regarding the ownership and | ||||||
29 | management of the applicant, and
detailed personal information | ||||||
30 | regarding the applicant. Any application for an
owners license | ||||||
31 | to be re-issued on or after June 1, 2003 shall also
include the | ||||||
32 | applicant's license bid in a form prescribed by the Board.
| ||||||
33 | Information
provided on the application shall be used as a | ||||||
34 | basis for a thorough
background investigation which the Board | ||||||
35 | shall conduct with respect to each
applicant. An incomplete |
| |||||||
|
|||||||
1 | application shall be cause for denial of a license
by the | ||||||
2 | Board.
| ||||||
3 | (b) Applicants shall submit with their application all | ||||||
4 | documents,
resolutions, and letters of support from the | ||||||
5 | governing body that represents
the municipality or county | ||||||
6 | wherein the licensee will dock.
| ||||||
7 | (c) Each applicant shall disclose the identity of every | ||||||
8 | person,
association, trust or corporation having a greater than | ||||||
9 | 1% direct or
indirect pecuniary interest in the riverboat | ||||||
10 | gambling operation with
respect to which the license is sought. | ||||||
11 | If the disclosed entity is a
trust, the application shall | ||||||
12 | disclose the names and addresses of the
beneficiaries; if a | ||||||
13 | corporation, the names and
addresses of all stockholders and | ||||||
14 | directors; if a partnership, the names
and addresses of all | ||||||
15 | partners, both general and limited.
| ||||||
16 | (d) An application shall be filed and considered pursuant | ||||||
17 | to the rules of
with the Board by January 1 of the
year | ||||||
18 | preceding any calendar year for which an applicant seeks an | ||||||
19 | owners
license; however, applications for an owners license | ||||||
20 | permitting
operations on January 1, 1991 shall be filed by July | ||||||
21 | 1, 1990 . An
application fee of $50,000 shall be paid at the | ||||||
22 | time of filing
to defray the costs associated with the
| ||||||
23 | background investigation conducted by the Board. If the costs | ||||||
24 | of the
investigation exceed $50,000, the applicant shall pay | ||||||
25 | the additional amount
to the Board. If the costs of the | ||||||
26 | investigation are less than $50,000, the
applicant shall | ||||||
27 | receive a refund of the remaining amount. All
information, | ||||||
28 | records, interviews, reports, statements, memoranda or other
| ||||||
29 | data supplied to or used by the Board in the course of its | ||||||
30 | review or
investigation of an application for a license under | ||||||
31 | this Act shall be
privileged, strictly confidential and shall | ||||||
32 | be used only for the purpose of
evaluating an applicant. Such | ||||||
33 | information, records, interviews, reports,
statements, | ||||||
34 | memoranda or other data shall not be admissible as evidence,
| ||||||
35 | nor discoverable in any action of any kind in any court or | ||||||
36 | before any
tribunal, board, agency or person, except for any |
| |||||||
|
|||||||
1 | action deemed necessary
by the Board.
| ||||||
2 | (e) The Board shall charge each applicant a fee set by the | ||||||
3 | Department of
State Police to defray the costs associated with | ||||||
4 | the search and
classification of fingerprints obtained by the | ||||||
5 | Board with respect to the
applicant's application. These fees | ||||||
6 | shall be paid into the State Police
Services Fund.
| ||||||
7 | (f) The licensed owner shall be the person primarily | ||||||
8 | responsible for the
boat itself. Only one riverboat gambling | ||||||
9 | operation may be authorized
by the Board on any riverboat. The | ||||||
10 | applicant must identify each riverboat
it intends to use and | ||||||
11 | certify that the riverboat: (1) has the authorized
capacity | ||||||
12 | required in this Act; (2) is accessible to disabled persons; | ||||||
13 | and
(3) is fully registered and licensed in accordance
with any | ||||||
14 | applicable laws.
| ||||||
15 | (f-5) The requirements of this Section apply to the | ||||||
16 | issuance of any
owners license under this Act and, pursuant to | ||||||
17 | the rules of the Board,
to the transfer of ownership interests | ||||||
18 | in an owners license. | ||||||
19 | (g) A person who knowingly makes a false statement on an | ||||||
20 | application is
guilty of a Class A misdemeanor.
| ||||||
21 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
22 | (230 ILCS 10/8)
(from Ch. 120, par. 2408)
| ||||||
23 | Sec. 8. Suppliers licenses.
| ||||||
24 | (a) The Board may issue a suppliers license to such | ||||||
25 | persons, firms or
corporations which apply therefor upon the | ||||||
26 | payment of a non-refundable
application fee set by the Board, | ||||||
27 | upon a determination by the Board that
the applicant is | ||||||
28 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
29 | annual license
fee. The Board may provide by rule for the | ||||||
30 | annual suppliers license fee to
be
graduated on the basis of | ||||||
31 | the amount of business transacted in Illinois by the
supplier, | ||||||
32 | but in
no case may such graduated fees exceed $5,000 per year.
| ||||||
33 | (b) The holder of a suppliers license is authorized to sell | ||||||
34 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
35 | and supplies to any
licensee involved in the ownership or |
| |||||||
|
|||||||
1 | management of gambling operations.
| ||||||
2 | (c) Gambling supplies and equipment may not be distributed
| ||||||
3 | unless supplies and equipment conform to standards adopted by
| ||||||
4 | rules of the Board.
| ||||||
5 | (d) A person, firm or corporation is ineligible to receive | ||||||
6 | a suppliers
license if:
| ||||||
7 | (1) the person has been convicted of a felony under the | ||||||
8 | laws of this
State, any other state, or the United States;
| ||||||
9 | (2) the person has been convicted of any violation of | ||||||
10 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
11 | similar laws of any other jurisdiction;
| ||||||
12 | (3) the person has submitted an application for a | ||||||
13 | license under this
Act which contains false information;
| ||||||
14 | (4) the person is a member of the Board;
| ||||||
15 | (5) the firm or corporation is one in which a person | ||||||
16 | defined in (1),
(2), (3) or (4), is an officer, director or | ||||||
17 | managerial employee;
| ||||||
18 | (6) the firm or corporation employs a person who | ||||||
19 | participates in the
management or operation of riverboat | ||||||
20 | gambling authorized under this Act;
| ||||||
21 | (7) the license of the person, firm or corporation | ||||||
22 | issued under
this Act, or a license to own or operate | ||||||
23 | gambling facilities
in any other jurisdiction, has been | ||||||
24 | revoked.
| ||||||
25 | (e) Any person that supplies any equipment, devices, or | ||||||
26 | supplies to a
licensed riverboat gambling operation must first | ||||||
27 | obtain a suppliers
license. A supplier shall furnish to the | ||||||
28 | Board a list of all equipment,
devices and supplies offered for | ||||||
29 | sale or lease in connection with gambling
games authorized | ||||||
30 | under this Act. A supplier shall keep books and records
for the | ||||||
31 | furnishing of equipment, devices and supplies to gambling
| ||||||
32 | operations separate and distinct from any other business that | ||||||
33 | the supplier
might operate. A supplier shall file a quarterly | ||||||
34 | return with the Board
listing all sales and leases. A supplier | ||||||
35 | shall permanently affix its name
to all its equipment, devices, | ||||||
36 | and supplies for gambling operations.
Any supplier's |
| |||||||
|
|||||||
1 | equipment, devices or supplies which are used by any person
in | ||||||
2 | an unauthorized gambling operation shall be forfeited to the | ||||||
3 | State. A
licensed owner may own its own equipment, devices and | ||||||
4 | supplies. Each
holder of an owners license under the Act shall | ||||||
5 | file an annual report
listing its inventories of gambling | ||||||
6 | equipment, devices and supplies.
| ||||||
7 | (f) Any person who knowingly makes a false statement on an | ||||||
8 | application
is guilty of a Class A misdemeanor.
| ||||||
9 | (g) Any gambling equipment, devices and supplies provided | ||||||
10 | by any
licensed supplier may either be repaired on the | ||||||
11 | riverboat or removed from
the riverboat to an on-shore facility | ||||||
12 | owned by the holder of an owners
license for repair.
| ||||||
13 | (Source: P.A. 86-1029; 87-826.)
| ||||||
14 | (230 ILCS 10/9)
(from Ch. 120, par. 2409)
| ||||||
15 | Sec. 9. Occupational licenses.
| ||||||
16 | (a) The Board may issue an occupational license to an | ||||||
17 | applicant upon the
payment of a non-refundable fee set by the | ||||||
18 | Board, upon a determination by
the Board that the applicant is | ||||||
19 | eligible for an occupational license and
upon payment of an | ||||||
20 | annual license fee in an amount to be established. To
be | ||||||
21 | eligible for an occupational license, an applicant must:
| ||||||
22 | (1) be at least 21 years of age if the applicant will | ||||||
23 | perform any
function involved in gaming by patrons. Any | ||||||
24 | applicant seeking an
occupational license for a non-gaming | ||||||
25 | function shall be at least 18 years
of age;
| ||||||
26 | (2) not have been convicted of a felony offense or
, a | ||||||
27 | violation
of Article
28 of the Criminal Code of 1961, or a | ||||||
28 | similar statute of any other
jurisdiction , or a crime | ||||||
29 | involving dishonesty or moral turpitude ;
| ||||||
30 | (2.1) not have been convicted of a crime involving | ||||||
31 | dishonesty or moral
turpitude of such a type as to, in the | ||||||
32 | sole discretion of the Board, negatively
impact public | ||||||
33 | confidence and trust in the credibility and integrity of
| ||||||
34 | riverboat gaming operations and the regulatory process;
| ||||||
35 | (3) have demonstrated a level of skill or knowledge |
| |||||||
|
|||||||
1 | which the Board
determines to be necessary in order to | ||||||
2 | operate gambling aboard a riverboat; and
| ||||||
3 | (4) have met standards for the holding of an | ||||||
4 | occupational license as
adopted by rules of the Board. Such | ||||||
5 | rules shall provide that any person or
entity seeking an | ||||||
6 | occupational license to manage gambling operations
| ||||||
7 | hereunder shall be subject to background inquiries and | ||||||
8 | further requirements
similar to those required of | ||||||
9 | applicants for an owners license.
Furthermore, such rules | ||||||
10 | shall provide that each such entity shall be
permitted to | ||||||
11 | manage gambling operations for only one licensed owner.
| ||||||
12 | (b) Each application for an occupational license shall be | ||||||
13 | on forms
prescribed by the Board and shall contain all | ||||||
14 | information required by the
Board. The applicant shall set | ||||||
15 | forth in the application: whether he has been
issued prior | ||||||
16 | gambling related licenses; whether he has been licensed in any
| ||||||
17 | other state under any other name, and, if so, such name and his | ||||||
18 | age; and
whether or not a permit or license issued to him in | ||||||
19 | any other state has
been suspended, restricted or revoked, and, | ||||||
20 | if so, for what period of time.
| ||||||
21 | (c) Each applicant shall submit with his application, on | ||||||
22 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
23 | Board shall charge each
applicant a fee set by the Department | ||||||
24 | of State Police to defray the costs
associated with the search | ||||||
25 | and classification of fingerprints obtained by
the Board with | ||||||
26 | respect to the applicant's application. These fees shall be
| ||||||
27 | paid into the State Police Services Fund.
| ||||||
28 | (d) The Board may in its discretion refuse an occupational | ||||||
29 | license to
any person: (1) who is unqualified to perform the | ||||||
30 | duties required of such
applicant; (2) who fails to disclose or | ||||||
31 | states falsely any information
called for in the application; | ||||||
32 | (3) who has been found guilty of a
violation of this Act or | ||||||
33 | whose prior gambling related license or
application therefor | ||||||
34 | has been suspended, restricted, revoked or denied for
just | ||||||
35 | cause in any other state; or (4) for any other just cause.
| ||||||
36 | (e) The Board may suspend, revoke or restrict any |
| |||||||
|
|||||||
1 | occupational licensee:
(1) for violation of any provision of | ||||||
2 | this Act; (2) for violation of any
of the rules and regulations | ||||||
3 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
4 | would have disqualified the applicant from receiving
such | ||||||
5 | license; or (4) for default in the payment of any obligation or | ||||||
6 | debt
due to the State of Illinois; or (5) for any other just | ||||||
7 | cause.
| ||||||
8 | (f) A person who knowingly makes a false statement on an | ||||||
9 | application is
guilty of a Class A misdemeanor.
| ||||||
10 | (g) Any license issued pursuant to this Section shall be | ||||||
11 | valid for a
period of one year from the date of issuance.
| ||||||
12 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
13 | licensed
owner from entering into an agreement with a public | ||||||
14 | community college or a
school approved under the
Private | ||||||
15 | Business and Vocational Schools Act for the training of any
| ||||||
16 | occupational licensee. Any training offered by such a school | ||||||
17 | shall be in
accordance with a written agreement between the | ||||||
18 | licensed owner and the school.
| ||||||
19 | (i) Any training provided for occupational licensees may be | ||||||
20 | conducted
either on the riverboat or at a school with which a | ||||||
21 | licensed owner has
entered into an agreement pursuant to | ||||||
22 | subsection (h).
| ||||||
23 | (Source: P.A. 86-1029; 87-826.)
| ||||||
24 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
25 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
26 | licensed owners or licensed managers on behalf
of the State | ||||||
27 | aboard riverboats,
subject to the following standards:
| ||||||
28 | (1) A licensee may conduct riverboat gambling | ||||||
29 | authorized under this Act
regardless of whether it conducts | ||||||
30 | excursion cruises. A licensee may permit
the continuous | ||||||
31 | ingress and egress of passengers for the purpose of | ||||||
32 | gambling.
| ||||||
33 | (2) (Blank).
| ||||||
34 | (3) Minimum and maximum wagers on games shall be set by | ||||||
35 | the licensee.
|
| |||||||
|
|||||||
1 | (4) Agents of the Board and the Department of State | ||||||
2 | Police may board
and inspect any riverboat at any time for | ||||||
3 | the purpose of determining
whether this Act is being | ||||||
4 | complied with. Every riverboat, if under way and
being | ||||||
5 | hailed by a law enforcement officer or agent of the Board, | ||||||
6 | must stop
immediately and lay to.
| ||||||
7 | (5) Employees of the Board shall have the right to be | ||||||
8 | present on the
riverboat or on adjacent facilities under | ||||||
9 | the control of the licensee.
| ||||||
10 | (6) Gambling equipment and supplies customarily used | ||||||
11 | in conducting
riverboat gambling must be purchased or | ||||||
12 | leased only from suppliers licensed
for such purpose under | ||||||
13 | this Act , except that the Board may approve the sale
or | ||||||
14 | lease of gambling equipment and
supplies by a licensed | ||||||
15 | owner. A licensed owner may bring gambling equipment
and | ||||||
16 | supplies that it has legally acquired into this State for | ||||||
17 | use in Illinois,
subject to approval of the Board .
| ||||||
18 | (7) Persons licensed under this Act shall permit no | ||||||
19 | form of wagering on
gambling games except as permitted by | ||||||
20 | this Act.
| ||||||
21 | (8) Wagers may be received only from a person present | ||||||
22 | on a licensed
riverboat. No person present on a licensed | ||||||
23 | riverboat shall place
or attempt to place a wager on behalf | ||||||
24 | of another person who is not present
on the riverboat.
| ||||||
25 | (9) Wagering shall not be conducted with money or other | ||||||
26 | negotiable
currency.
| ||||||
27 | (10) A person under age 21 shall not be permitted in | ||||||
28 | any area of
a riverboat in which gambling is conducted
on | ||||||
29 | an area of a
riverboat where gambling is being conducted, | ||||||
30 | except for a person at least
18 years of age who is an | ||||||
31 | employee of the riverboat gambling operation . No
employee | ||||||
32 | under age 21 shall perform any function involved in | ||||||
33 | gambling by
the patrons. No person under age 21 shall be | ||||||
34 | permitted to make a wager under
this Act , and any winnings | ||||||
35 | that are the result of such an illegal wager by a
person | ||||||
36 | under age 21, whether or not paid by the riverboat gaming |
| |||||||
|
|||||||
1 | operation,
shall be (i) treated as winnings for wagering | ||||||
2 | tax purposes, (ii) confiscated,
and
(iii) forfeited to the | ||||||
3 | State and deposited in the Education Assistance Fund .
| ||||||
4 | (10.1) A person placed on the Self-Exclusion List shall | ||||||
5 | not knowingly be
permitted in any area of a riverboat in | ||||||
6 | which
gambling is conducted nor knowingly be
permitted to | ||||||
7 | make a wager. Any chips, tokens, or other wagering | ||||||
8 | instruments
discovered in
his or her possession and all | ||||||
9 | winnings, whether or not paid by the riverboat
gambling
| ||||||
10 | operation to the person, shall be donated to the Department | ||||||
11 | of Human
Services-approved problem gambling charitable | ||||||
12 | organization that was designated
by the
person at the time | ||||||
13 | of his or her application for participation in the
| ||||||
14 | Self-Exclusion Program under subsection (c) of Section | ||||||
15 | 13.1.
| ||||||
16 | (11) Gambling excursion cruises shall be conducted | ||||||
17 | pursuant to Section 11.3
are permitted only when the | ||||||
18 | waterway for
which the riverboat is licensed is navigable, | ||||||
19 | as determined by
the Board in consultation with the U.S. | ||||||
20 | Army Corps of Engineers .
This paragraph (11) does not limit | ||||||
21 | the ability of a licensee to conduct
gambling authorized | ||||||
22 | under this Act when gambling excursion cruises are not
| ||||||
23 | permitted.
| ||||||
24 | (12) All tokens, chips or electronic cards used to make | ||||||
25 | wagers must be
purchased from a licensed owner or manager | ||||||
26 | either aboard a riverboat or at
an onshore
facility which | ||||||
27 | has been approved by the Board and which is located where
| ||||||
28 | the riverboat docks. The tokens, chips or electronic cards | ||||||
29 | may be
purchased by means of an agreement under which the | ||||||
30 | owner or manager extends
credit to
the patron. Such tokens, | ||||||
31 | chips or electronic cards may be used
while aboard the | ||||||
32 | riverboat only for the purpose of making wagers on
gambling | ||||||
33 | games.
| ||||||
34 | (13) Notwithstanding any other Section of this Act, in | ||||||
35 | addition to the
other licenses authorized under this Act, | ||||||
36 | the Board may issue special event
licenses allowing persons |
| |||||||
|
|||||||
1 | who are not otherwise licensed to conduct
riverboat | ||||||
2 | gambling to conduct such gambling on a specified date or | ||||||
3 | series
of dates. Riverboat gambling under such a license | ||||||
4 | may take place on a
riverboat not normally used for | ||||||
5 | riverboat gambling. The Board shall
establish standards, | ||||||
6 | fees and fines for, and limitations upon, such
licenses, | ||||||
7 | which may differ from the standards, fees, fines and | ||||||
8 | limitations
otherwise applicable under this Act. All such | ||||||
9 | fees shall be deposited into
the State Gaming Fund. All | ||||||
10 | such fines shall be deposited into the
Education Assistance | ||||||
11 | Fund, created by Public Act 86-0018, of the State
of | ||||||
12 | Illinois.
| ||||||
13 | (13.1) The Board shall establish all requirements for | ||||||
14 | the times and
conditions
under which a licensed owner may | ||||||
15 | conduct gaming. The Board
shall limit the length of time | ||||||
16 | for gambling excursions and the conditions under
which | ||||||
17 | gambling may be conducted while passenger ingress and | ||||||
18 | egress is in
progress. | ||||||
19 | (13.2) The Board shall ensure that each riverboat | ||||||
20 | licensed under this Act
operates as is reasonable and | ||||||
21 | practicable given concerns for riverboat and
passenger | ||||||
22 | safety. As necessary, the Board shall consult with the U.S. | ||||||
23 | Coast
Guard and the U.S. Army Corps of Engineers.
| ||||||
24 | (14) In addition to the above, gambling must be | ||||||
25 | conducted in accordance
with all rules adopted by the | ||||||
26 | Board.
| ||||||
27 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
28 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
| ||||||
29 | Sec. 12. Admission tax; fees.
| ||||||
30 | (a) A tax is hereby imposed upon admissions to riverboats | ||||||
31 | operated by
licensed owners authorized pursuant to this Act. | ||||||
32 | Until July 1, 2002, the
rate is $2 per person admitted. From | ||||||
33 | July 1, 2002 and until
July 1, 2003, the rate is $3 per person | ||||||
34 | admitted.
Beginning July 1, 2003, for a licensee that admitted | ||||||
35 | 1,000,000 persons or
fewer in the previous calendar year, the |
| |||||||
|
|||||||
1 | rate is $3 per person admitted; for a
licensee that admitted | ||||||
2 | more than 1,000,000 but no more than 2,300,000 persons
in the | ||||||
3 | previous calendar year, the rate is $4 per person admitted; and | ||||||
4 | for
a licensee that admitted more than 2,300,000 persons in the | ||||||
5 | previous calendar
year, the rate is $5 per person admitted.
| ||||||
6 | Beginning July 1, 2003, for a licensee that admitted 2,300,000 | ||||||
7 | persons or
fewer in the previous calendar year, the rate is $4 | ||||||
8 | per person admitted and for
a licensee that admitted more than | ||||||
9 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
10 | per person admitted.
This admission tax is imposed upon the
| ||||||
11 | licensed owner of the riverboat
conducting gambling operation .
| ||||||
12 | (1) The admission tax shall be paid for each admission.
| ||||||
13 | (2) (Blank).
| ||||||
14 | (3) The riverboat licensee may issue tax-free passes to
| ||||||
15 | actual and necessary officials and employees of the | ||||||
16 | licensee or other
persons actually working on the | ||||||
17 | riverboat.
| ||||||
18 | (4) The number and issuance of tax-free passes is | ||||||
19 | subject to the rules
of the Board, and a list of all | ||||||
20 | persons to whom the tax-free passes are
issued shall be | ||||||
21 | filed with the Board.
| ||||||
22 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
23 | licensed
managers on behalf of the State pursuant to Section | ||||||
24 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
25 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
26 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
27 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
28 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
29 | per person admitted; and for
a licensee that admitted more than | ||||||
30 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
31 | per person admitted.
| ||||||
32 | (1) The admission fee shall be paid for each admission.
| ||||||
33 | (2) (Blank).
| ||||||
34 | (3) The licensed manager may issue fee-free passes to | ||||||
35 | actual and necessary
officials and employees of the manager | ||||||
36 | or other persons actually working on the
riverboat.
|
| |||||||
|
|||||||
1 | (4) The number and issuance of fee-free passes is | ||||||
2 | subject to the rules
of the Board, and a list of all | ||||||
3 | persons to whom the fee-free passes are
issued shall be | ||||||
4 | filed with the Board.
| ||||||
5 | (b) From the tax imposed under subsection (a) and the fee | ||||||
6 | imposed under
subsection (a-5), a municipality shall receive | ||||||
7 | from the State $1 for each
person embarking on a riverboat | ||||||
8 | docked within the municipality, and a county
shall receive $1 | ||||||
9 | for each person embarking on a riverboat docked within the
| ||||||
10 | county but outside the boundaries of any municipality. The | ||||||
11 | municipality's or
county's share shall be collected by the | ||||||
12 | Board on behalf of the State and
remitted quarterly by the | ||||||
13 | State, subject to appropriation, to the treasurer of
the unit | ||||||
14 | of local government for deposit in the general fund.
| ||||||
15 | (c) The licensed owner shall pay the entire admission tax | ||||||
16 | to the Board and
the licensed manager shall pay the entire | ||||||
17 | admission fee to the Board.
Such payments shall be made daily. | ||||||
18 | Accompanying each payment shall be a
return on forms provided | ||||||
19 | by the Board which shall include other
information regarding | ||||||
20 | admissions as the Board may require. Failure to
submit either | ||||||
21 | the payment or the return within the specified time may
result | ||||||
22 | in suspension or revocation of the owners or managers license.
| ||||||
23 | (d) The Board shall administer and collect the admission | ||||||
24 | tax imposed by
this Section, to the extent practicable, in a | ||||||
25 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
26 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
27 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
28 | Penalty and Interest Act.
| ||||||
29 | (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | ||||||
30 | eff. 6-20-03;
revised 8-1-03.)
| ||||||
31 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
32 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
33 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
34 | gross
receipts received from gambling games authorized under | ||||||
35 | this Act at the rate of
20%.
|
| |||||||
|
|||||||
1 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
2 | tax is
imposed on persons engaged in the business of conducting | ||||||
3 | riverboat gambling
operations, based on the adjusted gross | ||||||
4 | receipts received by a licensed owner
from gambling games | ||||||
5 | authorized under this Act at the following rates:
| ||||||
6 | 15% of annual adjusted gross receipts up to and | ||||||
7 | including $25,000,000;
| ||||||
8 | 20% of annual adjusted gross receipts in excess of | ||||||
9 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
10 | 25% of annual adjusted gross receipts in excess of | ||||||
11 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
12 | 30% of annual adjusted gross receipts in excess of | ||||||
13 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
14 | 35% of annual adjusted gross receipts in excess of | ||||||
15 | $100,000,000.
| ||||||
16 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
17 | is imposed on
persons engaged in the business of conducting | ||||||
18 | riverboat gambling operations,
other than licensed managers | ||||||
19 | conducting riverboat gambling operations on behalf
of the | ||||||
20 | State, based on the adjusted gross receipts received by a | ||||||
21 | licensed
owner from gambling games authorized under this Act at | ||||||
22 | the following rates:
| ||||||
23 | 15% of annual adjusted gross receipts up to and | ||||||
24 | including $25,000,000;
| ||||||
25 | 22.5% of annual adjusted gross receipts in excess of | ||||||
26 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
27 | 27.5% of annual adjusted gross receipts in excess of | ||||||
28 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
29 | 32.5% of annual adjusted gross receipts in excess of | ||||||
30 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
31 | 37.5% of annual adjusted gross receipts in excess of | ||||||
32 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
33 | 45% of annual adjusted gross receipts in excess of | ||||||
34 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
35 | 50% of annual adjusted gross receipts in excess of | ||||||
36 | $200,000,000.
|
| |||||||
|
|||||||
1 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
2 | persons engaged
in the business of conducting riverboat | ||||||
3 | gambling operations, other than
licensed managers conducting | ||||||
4 | riverboat gambling operations on behalf of the
State, based on | ||||||
5 | the adjusted gross receipts received by a licensed owner from
| ||||||
6 | gambling games authorized under this Act at the following | ||||||
7 | rates:
| ||||||
8 | 15% of annual adjusted gross receipts up to and | ||||||
9 | including $25,000,000;
| ||||||
10 | 27.5% of annual adjusted gross receipts in excess of | ||||||
11 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
12 | 32.5% of annual adjusted gross receipts in excess of | ||||||
13 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
14 | 37.5% of annual adjusted gross receipts in excess of | ||||||
15 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
16 | 45% of annual adjusted gross receipts in excess of | ||||||
17 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
18 | 50% of annual adjusted gross receipts in excess of | ||||||
19 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
20 | 70% of annual adjusted gross receipts in excess of | ||||||
21 | $250,000,000. | ||||||
22 | For the purpose of calculating the privilege tax under this | ||||||
23 | subsection (a-3),
the annual adjusted gross receipts of an | ||||||
24 | owners licensee for any year shall be
reduced by an amount
| ||||||
25 | equal to the amount of any payment made by the owners licensee
| ||||||
26 | in that year to (i) an Illinois not-for-profit organization,
| ||||||
27 | pursuant
to an agreement, funded solely by a licensed owner for | ||||||
28 | the primary
benefit of educational, economic development, or | ||||||
29 | environmental
programs within this State or (ii) a county | ||||||
30 | government, pursuant to an
agreement between a licensed owner | ||||||
31 | and a county government. In no event shall
a reduction in the | ||||||
32 | wagering tax imposed under this Section reduce the taxes
owed | ||||||
33 | by a licensee under this Section to less than zero.
| ||||||
34 | An amount equal to the amount of wagering taxes collected | ||||||
35 | under this
subsection (a-3) that are in addition to the amount | ||||||
36 | of wagering taxes that
would have been collected if the |
| |||||||
|
|||||||
1 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
2 | be paid into the Common School Fund.
| ||||||
3 | The privilege tax imposed under this subsection (a-3) shall | ||||||
4 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
5 | 2005; (ii) the first date
after June 20, 2003
the effective | ||||||
6 | date of this amendatory Act of the
93rd General Assembly that | ||||||
7 | riverboat gambling operations are conducted
pursuant to a | ||||||
8 | dormant license; or (iii) the first day that riverboat gambling
| ||||||
9 | operations are conducted under the authority of an owners | ||||||
10 | license that is in
addition to the 10 owners licenses initially | ||||||
11 | authorized under this Act.
For the purposes of this subsection | ||||||
12 | (a-3), the term "dormant license"
means an owners license that | ||||||
13 | is authorized by this Act under which no
riverboat gambling | ||||||
14 | operations are being conducted on June 20, 2003
the effective | ||||||
15 | date of this amendatory Act of the 93rd General Assembly .
| ||||||
16 | (a-4) Beginning on the first day on which the tax imposed | ||||||
17 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
18 | imposed on persons
engaged in the business of conducting | ||||||
19 | riverboat gambling operations, other
than licensed managers | ||||||
20 | conducting riverboat gambling operations on behalf of
the | ||||||
21 | State, based on the adjusted gross receipts received by a | ||||||
22 | licensed owner
from gambling games authorized under this Act at | ||||||
23 | the following rates:
| ||||||
24 | 15% of annual adjusted gross receipts up to and | ||||||
25 | including $25,000,000;
| ||||||
26 | 22.5% of annual adjusted gross receipts in excess of | ||||||
27 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
28 | 27.5% of annual adjusted gross receipts in excess of | ||||||
29 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
30 | 32.5% of annual adjusted gross receipts in excess of | ||||||
31 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
32 | 37.5% of annual adjusted gross receipts in excess of | ||||||
33 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
34 | 45% of annual adjusted gross receipts in excess of | ||||||
35 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
36 | 50% of annual adjusted gross receipts in excess of |
| |||||||
|
|||||||
1 | $200,000,000. | ||||||
2 | For the purpose of calculating the privilege tax under this | ||||||
3 | subsection (a-4),
the annual adjusted gross receipts of an | ||||||
4 | owners licensee for any year shall be
reduced by an amount
| ||||||
5 | equal to the amount of any payment made by the owners licensee
| ||||||
6 | in that year to (i) an Illinois not-for-profit organization,
| ||||||
7 | pursuant
to an agreement, funded solely by a licensed owner for | ||||||
8 | the primary
benefit of educational, economic development, or | ||||||
9 | environmental
programs within this State or (ii) a county | ||||||
10 | government, pursuant to an
agreement between a licensed owner | ||||||
11 | and a county government. In no event shall
a reduction in the | ||||||
12 | wagering tax imposed under this Section reduce the taxes
owed | ||||||
13 | by a licensee under this Section to less than zero.
| ||||||
14 | (a-8) Riverboat gambling operations conducted by a | ||||||
15 | licensed manager on
behalf of the State are not subject to the | ||||||
16 | tax imposed under this Section.
| ||||||
17 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
18 | the licensed
owner to the Board not later than 5:00
3:00 | ||||||
19 | o'clock p.m. of the day after the day
when the wagers were | ||||||
20 | made.
| ||||||
21 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
22 | in the State
Gaming Fund under this Section shall be paid, | ||||||
23 | subject to appropriation by the
General Assembly, to the unit | ||||||
24 | of local government which is designated as the
home dock of the | ||||||
25 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
26 | deposited in the State Gaming Fund under this Section, an | ||||||
27 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
28 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
29 | the General Assembly, to the unit of local government that
is | ||||||
30 | designated as the home dock of the riverboat. From the tax | ||||||
31 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
32 | riverboat gambling operations
conducted by a licensed manager | ||||||
33 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
34 | receipts generated pursuant to those riverboat gambling
| ||||||
35 | operations shall be paid monthly,
subject to appropriation by | ||||||
36 | the General Assembly, to the unit of local
government that is |
| |||||||
|
|||||||
1 | designated as the home dock of the riverboat upon which
those | ||||||
2 | riverboat gambling operations are conducted.
| ||||||
3 | (c) Appropriations, as approved by the General Assembly, | ||||||
4 | may be made
from the State Gaming Fund to the Board
Department | ||||||
5 | of Revenue and the Department
of State Police for the | ||||||
6 | administration and enforcement of this Act, or to the
| ||||||
7 | Department of Human Services for the administration of programs | ||||||
8 | to treat
problem gambling.
| ||||||
9 | (c-5) After the payments required under subsections (b) and | ||||||
10 | (c) have been
made, an amount equal to 15% of the adjusted | ||||||
11 | gross receipts of (1) an owners
licensee that relocates | ||||||
12 | pursuant to Section 11.2,
(2) an owners licensee
license | ||||||
13 | conducting riverboat gambling operations
pursuant to an
owners | ||||||
14 | license that is initially issued after June
25, 1999,
or (3) | ||||||
15 | the first
riverboat gambling operations conducted by a licensed | ||||||
16 | manager on behalf of the
State under Section 7.2,
whichever | ||||||
17 | comes first, shall be paid from the State
Gaming Fund into the | ||||||
18 | Horse Racing Equity Fund.
| ||||||
19 | (c-10) Each year the General Assembly shall appropriate | ||||||
20 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
21 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
22 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
23 | (c-15) After the payments required under subsections (b), | ||||||
24 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
25 | adjusted gross receipts of (1)
an owners licensee that | ||||||
26 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
27 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
28 | license that is initially issued after June 25, 1999,
or (3) | ||||||
29 | the first
riverboat gambling operations conducted by a licensed | ||||||
30 | manager on behalf of the
State under Section 7.2,
whichever | ||||||
31 | comes first, shall be paid, subject to appropriation
from the | ||||||
32 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
33 | county with a population of over 3,000,000 inhabitants for the | ||||||
34 | purpose of
enhancing the county's criminal justice system.
| ||||||
35 | (c-20) Each year the General Assembly shall appropriate | ||||||
36 | from the General
Revenue Fund to the Education Assistance Fund |
| |||||||
|
|||||||
1 | an amount equal to the amount
paid to each home rule county | ||||||
2 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
3 | subsection (c-15) in the prior calendar year.
| ||||||
4 | (c-25) After the payments required under subsections (b), | ||||||
5 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
6 | the
adjusted gross receipts of (1) an owners licensee
license | ||||||
7 | that
relocates pursuant to Section 11.2, (2) an
owners
licensee
| ||||||
8 | license conducting riverboat gambling operations pursuant to
| ||||||
9 | an
owners license
that is initially issued after June 25, 1999,
| ||||||
10 | or (3) the first
riverboat gambling operations conducted by a | ||||||
11 | licensed manager on behalf of the
State under Section 7.2,
| ||||||
12 | whichever
comes first,
shall be paid from the State
Gaming Fund | ||||||
13 | to Chicago State University.
| ||||||
14 | (d) From time to time, the
Board shall transfer the | ||||||
15 | remainder of the funds
generated by this Act into the Education
| ||||||
16 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
17 | Illinois.
| ||||||
18 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
19 | government
designated as the home dock of the riverboat from | ||||||
20 | entering into agreements
with other units of local government | ||||||
21 | in this State or in other states to
share its portion of the | ||||||
22 | tax revenue.
| ||||||
23 | (f) To the extent practicable, the Board shall administer | ||||||
24 | and collect the
wagering taxes imposed by this Section in a | ||||||
25 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
26 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
27 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
28 | Penalty and Interest Act.
| ||||||
29 | (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | ||||||
30 | eff.
6-20-03; revised 10-3-03.)
| ||||||
31 | (230 ILCS 10/13.1)
| ||||||
32 | Sec. 13.1. Compulsive gambling.
| ||||||
33 | (a) Each licensed owner shall post signs with a statement
| ||||||
34 | regarding obtaining assistance with gambling problems, the | ||||||
35 | text of which shall
be determined by rule by the Department of |
| |||||||
|
|||||||
1 | Human Services, at the following
locations in each facility at | ||||||
2 | which
gambling is conducted by the licensed owner:
| ||||||
3 | (i) Each entrance and exit.
| ||||||
4 | (ii) Near each credit location.
| ||||||
5 | The signs shall be provided by the Department of Human | ||||||
6 | Services.
| ||||||
7 | (b) Each licensed owner shall print a statement regarding | ||||||
8 | obtaining
assistance with gambling problems, the text of which | ||||||
9 | shall be determined by
rule by the Department of Human | ||||||
10 | Services, on all paper stock
that the licensed owner provides | ||||||
11 | to the general public.
| ||||||
12 | (c) The Board shall maintain a confidential Self-Exclusion | ||||||
13 | List of persons
who are
prohibited from entering the area of a | ||||||
14 | riverboat where gambling is conducted or
making a wager at any | ||||||
15 | riverboat
gambling facility in Illinois. A person who applies | ||||||
16 | to place his or her name
on the Self-Exclusion List must | ||||||
17 | designate a problem gambling charitable
organization that has | ||||||
18 | been approved by the Department of Human Services into
which | ||||||
19 | moneys shall be paid as provided in item (10.1) of Section 11. | ||||||
20 | The
confidentiality of the list shall be
maintained in | ||||||
21 | accordance with the Mental Health and Developmental | ||||||
22 | Disabilities
Act.
| ||||||
23 | (d) Each licensed owner shall cooperate fully with | ||||||
24 | implementing and
enforcing the Self-Exclusion Program.
A | ||||||
25 | riverboat gambling operation involved in the enforcement of any
| ||||||
26 | provision of the Self-Exclusion Program, including but not | ||||||
27 | limited to, the
confiscation of winnings, chip, tokens, and | ||||||
28 | other wagering instruments or the
ejection of a person placed | ||||||
29 | on Self-Exclusion List
from the riverboat gambling operation, | ||||||
30 | shall not be liable for reasonable and
ordinary conduct | ||||||
31 | attendant thereto. Nothing in this Act shall limit
the | ||||||
32 | liability of a riverboat gambling operation for willful or | ||||||
33 | wanton conduct
or
acts or failures to act that are not | ||||||
34 | specifically authorized by the Board in
the
administration or | ||||||
35 | enforcement of the Self-Exclusion Program.
| ||||||
36 | (Source: P.A. 89-374, eff. 1-1-96; 89-507, eff. 7-1-97.)
|
| |||||||
|
|||||||
1 | (230 ILCS 10/18)
(from Ch. 120, par. 2418)
| ||||||
2 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
3 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
4 | any of the
following:
| ||||||
5 | (1) Conducting gambling where wagering
is used or to be | ||||||
6 | used
without a license issued by the Board.
| ||||||
7 | (2) Conducting gambling where wagering
is permitted | ||||||
8 | other
than in the manner specified by Section 11.
| ||||||
9 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
10 | any of the
following:
| ||||||
11 | (1) permitting a person under 21 years to make a wager; | ||||||
12 | or
| ||||||
13 | (2) violating paragraph (12) of subsection (a) of | ||||||
14 | Section 11 of this Act.
| ||||||
15 | (c) A person wagering or accepting a wager at any location | ||||||
16 | outside the
riverboat is subject to the penalties in paragraphs | ||||||
17 | (1) or (2) of
subsection (a) of Section 28-1 of the Criminal | ||||||
18 | Code of 1961.
| ||||||
19 | (d) A person commits a Class 4 felony and, in addition, | ||||||
20 | shall be barred
for life from riverboats under the jurisdiction | ||||||
21 | of the
Board, if the person does any of the following:
| ||||||
22 | (1) Offers, promises, or gives anything of value or | ||||||
23 | benefit to a person
who is connected with a riverboat owner | ||||||
24 | including, but
not limited to, an officer or employee of a | ||||||
25 | licensed owner or holder of an
occupational license | ||||||
26 | pursuant to an agreement or arrangement or with the
intent | ||||||
27 | that the promise or thing of value or benefit will | ||||||
28 | influence the
actions of the person to whom the offer, | ||||||
29 | promise, or gift was made in order
to affect or attempt to | ||||||
30 | affect the outcome of a gambling game, or to
influence | ||||||
31 | official action of a member of the Board.
| ||||||
32 | (2) Solicits or knowingly accepts or receives a promise | ||||||
33 | of anything of
value or benefit while the person is | ||||||
34 | connected with a riverboat
including, but not limited to, | ||||||
35 | an officer or employee of a licensed owner,
or holder of an |
| |||||||
|
|||||||
1 | occupational license, pursuant to an understanding or
| ||||||
2 | arrangement or with the intent that the promise or thing of | ||||||
3 | value or
benefit will influence the actions of the person | ||||||
4 | to affect or attempt to
affect the outcome of a gambling | ||||||
5 | game, or to influence official action of a
member of the | ||||||
6 | Board.
| ||||||
7 | (3) Uses or possesses with the intent to use a device | ||||||
8 | to assist:
| ||||||
9 | (i) In projecting the outcome of the game.
| ||||||
10 | (ii) In keeping track of the cards played.
| ||||||
11 | (iii) In analyzing the probability of the | ||||||
12 | occurrence of an event
relating to the gambling game.
| ||||||
13 | (iv) In analyzing the strategy for playing or | ||||||
14 | betting to be used in the
game except as permitted by | ||||||
15 | the Board.
| ||||||
16 | (4) Cheats at a gambling game.
| ||||||
17 | (5) Manufactures, sells, or distributes any cards, | ||||||
18 | chips, dice, game or
device which is intended to be used to | ||||||
19 | violate any provision of this Act.
| ||||||
20 | (6) Alters or misrepresents the outcome of a gambling | ||||||
21 | game on which
wagers have been made after the outcome is | ||||||
22 | made sure but before it is
revealed to the players.
| ||||||
23 | (7) Places a bet after acquiring knowledge, not | ||||||
24 | available to all players,
of the outcome of the gambling | ||||||
25 | game which is subject of the bet or to aid a
person in | ||||||
26 | acquiring the knowledge for the purpose of placing a bet
| ||||||
27 | contingent on that outcome.
| ||||||
28 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
29 | collect, or take,
money or anything of value in or from the | ||||||
30 | gambling games, with intent to
defraud, without having made | ||||||
31 | a wager contingent on winning a gambling game,
or claims, | ||||||
32 | collects, or takes an amount of money or thing of value of
| ||||||
33 | greater value than the amount won.
| ||||||
34 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
35 | game.
| ||||||
36 | (10) Possesses any key or device designed for the |
| |||||||
|
|||||||
1 | purpose of opening,
entering, or affecting the operation of | ||||||
2 | a gambling game, drop box, or an
electronic or mechanical | ||||||
3 | device connected with the gambling game or for
removing | ||||||
4 | coins, tokens, chips or other contents of a gambling game. | ||||||
5 | This
paragraph (10) does not apply to a gambling licensee | ||||||
6 | or employee of a
gambling licensee acting in furtherance of | ||||||
7 | the employee's employment.
| ||||||
8 | (11) Agrees to share, receive, or transfer a direct or | ||||||
9 | indirect
financial
or ownership interest in an owners | ||||||
10 | license in violation of the disclosure and
approval | ||||||
11 | requirements of this Act and the rules of the Board.
| ||||||
12 | (e) The possession of more than one of the devices | ||||||
13 | described in
subsection (d), paragraphs (3), (5) or (10) | ||||||
14 | permits a rebuttable
presumption that the possessor intended to | ||||||
15 | use the devices for cheating.
| ||||||
16 | (f) A person under the age of 21 years who
enters upon a | ||||||
17 | riverboat commits a petty offense. The
fine to the individual | ||||||
18 | for the first offense shall be not less than $100 nor
more than | ||||||
19 | $250. The fine for a second or subsequent offense shall be not | ||||||
20 | less
than $200 nor more than $500.
| ||||||
21 | (g) A participant in the Self-Exclusion Program who, at any | ||||||
22 | time during his
or her placement on the Self-Exclusion List, | ||||||
23 | enters or attempts to enter the
area of a riverboat where | ||||||
24 | gambling is conducted or places wagers at a riverboat
shall be | ||||||
25 | subject to
arrest and prosecution for trespass and shall | ||||||
26 | forfeit all chips, tokens, and
other wagering instruments in | ||||||
27 | his or her possession and all winnings,
regardless of whether | ||||||
28 | they have been paid by the gambling operation.
| ||||||
29 | An action to prosecute any crime occurring on a riverboat
| ||||||
30 | shall be tried in the county of the dock at which the riverboat | ||||||
31 | is based.
| ||||||
32 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
33 | Section 99. Effective date. This Act takes effect upon | ||||||
34 | becoming law.
|