093_SB1515sam001 LRB093 06602 LRD 12767 a 1 AMENDMENT TO SENATE BILL 1515 2 AMENDMENT NO. . Amend Senate Bill 1515 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Riverboat Gambling Act is amended by 5 changing Section 7 as follows: 6 (230 ILCS 10/7) (from Ch. 120, par. 2407) 7 Sec. 7. Owners Licenses. 8 (a) The Board shall issue owners licenses to persons, 9 firms or corporations thatwhichapply for such licenses upon 10 payment to the Board of the non-refundable license fee set by 11 the Board, upon payment of a $25,000 license fee for the 12 first year of operation and a $5,000 license fee for each 13 succeeding year and upon a determination by the Board that 14 the applicant is eligible for an owners license pursuant to 15 this Act and the rules of the Board. 16 A person, firm or corporation is ineligible to receive an 17 owners license if: 18 (1) the person has been convicted of a felony under 19 the laws of this State, any other state, or the United 20 States; 21 (2) the person has been convicted of any violation 22 of Article 28 of the Criminal Code of 1961, or -2- LRB093 06602 LRD 12767 a 1 substantially similar laws of any other jurisdiction; 2 (3) the person has submitted an application for a 3 license under this Act which contains false information; 4 (4) the person is a member of the Board; 5 (5) a person defined in (1), (2), (3) or (4) is an 6 officer, director or managerial employee of the firm or 7 corporation; 8 (6) the firm or corporation employs a person 9 defined in (1), (2), (3) or (4) who participates in the 10 management or operation of gambling operations authorized 11 under this Act; 12 (7) (blank); or 13 (8) a license of the person, firm or corporation 14 issued under this Act, or a license to own or operate 15 gambling facilities in any other jurisdiction, has been 16 revoked. 17 (b) In determining whether to grant an owners license to 18 an applicant, the Board shall consider: 19 (1) the character, reputation, experience and 20 financial integrity of the applicants and of any other or 21 separate person that either: 22 (A) controls, directly or indirectly, such 23 applicant, or 24 (B) is controlled, directly or indirectly, by 25 such applicant or by a person which controls, 26 directly or indirectly, such applicant; 27 (2) the facilities or proposed facilities for the 28 conduct of riverboat gambling; 29 (3) the highest prospective total revenue to be 30 derived by the State from the conduct of riverboat 31 gambling; 32 (4) the good faith affirmative action plan of each 33 applicant to recruit, train and upgrade minorities in all 34 employment classifications; -3- LRB093 06602 LRD 12767 a 1 (5) the financial ability of the applicant to 2 purchase and maintain adequate liability and casualty 3 insurance; 4 (6) whether the applicant has adequate 5 capitalization to provide and maintain, for the duration 6 of a license, a riverboat; and 7 (7) the extent to which the applicant exceeds or 8 meets other standards for the issuance of an owners 9 license which the Board may adopt by rule. 10 (c) Each owners license shall specify the place where 11 riverboats shall operate and dock. 12 (d) Each applicant shall submit with his application, on 13 forms provided by the Board, 2 sets of his fingerprints. 14 (e) The Board may issue up to 10 licenses authorizing 15 the holders of such licenses to own riverboats. In the 16 application for an owners license, the applicant shall state 17 the dock at which the riverboat is based and the water on 18 which the riverboat will be located. The Board shall issue 5 19 licenses to become effective not earlier than January 1, 20 1991. Three of such licenses shall authorize riverboat 21 gambling on the Mississippi River, one of which shall 22 authorize riverboat gambling from a home dock in the city of 23 East St. Louis, and one of which shall authorize riverboat 24 gambling on the Mississippi River or in a municipality that 25 (1) borders on the Mississippi River or is within 5 miles of 26 the city limits of a municipality that borders on the 27 Mississippi River and (2) on the effective date of this 28 amendatory Act of the 92nd General Assembly has a riverboat 29 conducting riverboat gambling operations pursuant to a 30 license issued under this Act. One other license shall 31 authorize riverboat gambling on the Illinois River south of 32 Marshall County. The Board shall issue one additional 33 license to become effective not earlier than March 1, 1992, 34 which shall authorize riverboat gambling on the Des Plaines -4- LRB093 06602 LRD 12767 a 1 River in Will County. The Board may issue 4 additional 2 licenses to become effective not earlier than March 1, 1992. 3 In determining the water upon which riverboats will operate, 4 the Board shall consider the economic benefit which riverboat 5 gambling confers on the State, and shall seek to assure that 6 all regions of the State share in the economic benefits of 7 riverboat gambling. 8 In granting all licenses, the Board may give favorable 9 consideration to economically depressed areas of the State, 10 to applicants presenting plans which provide for significant 11 economic development over a large geographic area, and to 12 applicants who currently operate non-gambling riverboats in 13 Illinois. The Board shall review all applications for owners 14 licenses, and shall inform each applicant of the Board's 15 decision. 16 The Board may revoke the owners license of a licensee 17 which fails to begin conducting gambling within 15 months of 18 receipt of the Board's approval of the application if the 19 Board determines that license revocation is in the best 20 interests of the State. 21 (f) The first 10 owners licenses issued under this Act 22 shall permit the holder to own up to 2 riverboats and 23 equipment thereon for a period of 3 years after the effective 24 date of the license. Holders of the first 10 owners licenses 25 must pay the annual license fee for each of the 3 years 26 during which they are authorized to own riverboats. 27 (g) Upon the termination, expiration, or revocation of 28 each of the first 10 licenses, which shall be issued for a 3 29 year period, all licenses are renewable annually upon payment 30 of the fee and a determination by the Board that the licensee 31 continues to meet all of the requirements of this Act and the 32 Board's rules. However, for licenses renewed on or after May 33 1, 1998, renewal shall be for a period of 4 years, unless the 34 Board sets a shorter period. -5- LRB093 06602 LRD 12767 a 1 (h) An owners license shall entitle the licensee to own 2 up to 2 riverboats. A licensee shall limit the number of 3 gambling participants to 1,200 for any such owners license. A 4 licensee may operate both of its riverboats concurrently, 5 provided that the total number of gambling participants on 6 both riverboats does not exceed 1,200. Riverboats licensed to 7 operate on the Mississippi River and the Illinois River south 8 of Marshall County shall have an authorized capacity of at 9 least 500 persons. Any other riverboat licensed under this 10 Act shall have an authorized capacity of at least 400 11 persons. 12 (i) A licensed owner is authorized to apply to the Board 13 for and, if approved therefor, to receive all licenses from 14 the Board necessary for the operation of a riverboat, 15 including a liquor license, a license to prepare and serve 16 food for human consumption, and other necessary licenses. 17 All use, occupation and excise taxes which apply to the sale 18 of food and beverages in this State and all taxes imposed on 19 the sale or use of tangible personal property apply to such 20 sales aboard the riverboat. 21 (j) The Board may issue a license authorizing a 22 riverboat to dock in a municipality or approve a relocation 23 under Section 11.2 only if, prior to the issuance of the 24 license or approval, the governing body of the municipality 25 in which the riverboat will dock has by a majority vote 26 approved the docking of riverboats in the municipality. The 27 Board may issue a license authorizing a riverboat to dock in 28 areas of a county outside any municipality or approve a 29 relocation under Section 11.2 only if, prior to the issuance 30 of the license or approval, the governing body of the county 31 has by a majority vote approved of the docking of riverboats 32 within such areas. 33 (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)".