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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pull Tabs and Jar Games Act is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | amended by changing Sections 1.1, 2, 3, 5, and 6 and by adding | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Section 4.1 as follows:
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7 | (230 ILCS 20/1.1) (from Ch. 120, par. 1051.1)
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8 | Sec. 1.1. Definitions. As used in this Act:
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9 | "Pull tabs" and "jar games" means a game
using | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | single-folded or banded tickets or a card, the face of which is
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | initially covered or otherwise hidden from view in order to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | conceal a number,
symbol or set of symbols, some of which are | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | winners. Players with winning
tickets receive a prize stated on | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | a promotional display or "flare". Pull
tabs also means a game | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | in which prizes are won by pulling a tab from a
board thereby | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | revealing a number which corresponds to the number for a given
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | prize.
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18 | Each winning pull tab or slip shall be predetermined. The | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | right to
participate in such games shall not
cost more than $2. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | No single prize shall
exceed $500. There shall be no more than | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | 6,000
tickets in a game.
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22 | "Pull tabs and jar games", as used in this Act, does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | include the
following: numbers, policy, bolita or similar | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | games, dice, slot machines,
bookmaking and wagering pools with | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | respect to a sporting event, or that
game commonly known as | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | punch boards, or any other game or activity not
expressly | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
27 | defined in this Section.
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28 | "Organization" means a corporation, agency, partnership, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
29 | association,
firm or other entity consisting of 2 or more | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
30 | persons joined by a common
interest or purpose.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
31 | "Non-profit organization" means an organization or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
32 | institution organized
and conducted on a not-for-profit basis |
| |||||||
| |||||||
1 | with no personal profit inuring to
anyone as a result of the | ||||||
2 | operation.
| ||||||
3 | "Charitable organization" means an organization or | ||||||
4 | institution organized
and operated to benefit an indefinite | ||||||
5 | number of the public.
| ||||||
6 | "Educational organization" means an organization or | ||||||
7 | institution organized
and operated to provide systematic | ||||||
8 | instruction in useful branches of
learning by methods common to | ||||||
9 | schools and institutions of learning which
compare favorably in | ||||||
10 | their scope and intensity with the course of study
presented in | ||||||
11 | tax-supported schools.
| ||||||
12 | "Religious organization" means any church, congregation, | ||||||
13 | society, or
organization founded for the purpose of religious | ||||||
14 | worship.
| ||||||
15 | "Fraternal organization" means an organization of persons, | ||||||
16 | including but
not limited to ethnic organizations, having a | ||||||
17 | common interest, organized
and operated exclusively to promote | ||||||
18 | the welfare of its members and to
benefit the general public on | ||||||
19 | a continuing and consistent basis.
| ||||||
20 | "Veterans' organization" means an organization comprised | ||||||
21 | of members of
which substantially all are individuals who are | ||||||
22 | veterans or spouses,
widows, or widowers of veterans, the | ||||||
23 | primary purpose of which is to
promote the welfare of its | ||||||
24 | members and to provide assistance to the general
public in such | ||||||
25 | a way as to confer a public benefit.
| ||||||
26 | "Labor organization" means an organization composed of | ||||||
27 | labor unions or
workers organized with the objective of | ||||||
28 | betterment of the conditions of
those engaged in such pursuit | ||||||
29 | and the development of a higher degree of
efficiency in their | ||||||
30 | respective occupations.
| ||||||
31 | "Youth athletic organization" means an organization having | ||||||
32 | as its
exclusive purpose the promotion and provision of | ||||||
33 | athletic activities for
youth aged 18 and under.
| ||||||
34 | "Senior citizens organization" means an organization or | ||||||
35 | association
comprised of members of which substantially all are | ||||||
36 | individuals who are
senior citizens, as defined in the Illinois |
| |||||||
| |||||||
1 | Act on the Aging, the primary
purpose of which is to promote | ||||||
2 | the welfare of its members.
| ||||||
3 | "Department" means the Department of Revenue. | ||||||
4 | "Volunteer" means a person recruited by the sponsoring | ||||||
5 | organization who voluntarily performs services at a pull tabs | ||||||
6 | or jar games event, including participation in the management | ||||||
7 | or operation of a game. | ||||||
8 | "Person" means any natural individual, corporation, | ||||||
9 | partnership, limited liability company, organization (as | ||||||
10 | defined in this Section), licensee under this Act, or | ||||||
11 | volunteer.
| ||||||
12 | (Source: P.A. 90-536, eff. 1-1-98.)
| ||||||
13 | (230 ILCS 20/2) (from Ch. 120, par. 1052)
| ||||||
14 | Sec. 2. The Department of Revenue shall, upon application | ||||||
15 | therefor on
forms prescribed by the Department, and upon the | ||||||
16 | payment of a nonrefundable
an annual processing fee of
$500, | ||||||
17 | and upon determination that the applicant meets all the | ||||||
18 | requirements
of this Act, issue a license to conduct pull tabs | ||||||
19 | and jar games to
any of the following:
| ||||||
20 | (i) Any local fraternal mutual benefit organization | ||||||
21 | chartered at
least 40 years before it applies for a license | ||||||
22 | under this Act.
| ||||||
23 | (ii) Any bona fide religious, charitable, labor, | ||||||
24 | fraternal, youth
athletic, senior citizen, educational or | ||||||
25 | veterans' organization organized in
Illinois which | ||||||
26 | operates without profit to its members, which has been in
| ||||||
27 | existence in Illinois continuously for a period of 5 years | ||||||
28 | immediately before
making application for a license and | ||||||
29 | which has had during that entire 5 year
period a bona fide | ||||||
30 | membership engaged in carrying out its objects. However, | ||||||
31 | the
5 year requirement shall be reduced to 2 years, as | ||||||
32 | applied to a local
organization which is affiliated with | ||||||
33 | and chartered by a national organization
which meets the 5 | ||||||
34 | year requirement.
| ||||||
35 | Each license expires at midnight, June 30, following its |
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| |||||||||||||||||||||||||||
1 | date of
issuance, except that, beginning with applicants whose | ||||||||||||||||||||||||||
2 | licenses expire on
June 30, 1990, the Department shall stagger | ||||||||||||||||||||||||||
3 | license expiration dates by
dividing the applicants into 4 | ||||||||||||||||||||||||||
4 | groups which are substantially equal in
number. Licenses issued | ||||||||||||||||||||||||||
5 | and license fees charged to applicants in each
group shall be | ||||||||||||||||||||||||||
6 | in accordance with the following schedule:
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12 | Following expiration under this schedule, each renewed | ||||||||||||||||||||||||||
13 | license shall be
in effect for one year from its date of | ||||||||||||||||||||||||||
14 | issuance unless suspended or
revoked by Department action | ||||||||||||||||||||||||||
15 | before that date. After June 30, 1990, every
new license shall | ||||||||||||||||||||||||||
16 | expire one year from the date of issuance unless extended, | ||||||||||||||||||||||||||
17 | suspended ,
or revoked. The Department may provide by rule for | ||||||||||||||||||||||||||
18 | an extension of any pull tabs and jar games license issued | ||||||||||||||||||||||||||
19 | under this Act in order to allow applicants to coordinate their | ||||||||||||||||||||||||||
20 | pull tabs and jar games license renewal with any license held | ||||||||||||||||||||||||||
21 | under the Bingo License and Tax Act or the Charitable Games | ||||||||||||||||||||||||||
22 | Act. Any extension provided shall not exceed one year. A | ||||||||||||||||||||||||||
23 | licensee may hold only one license and that license is valid | ||||||||||||||||||||||||||
24 | for
only one location. The Department may authorize by rule the | ||||||||||||||||||||||||||
25 | filing by electronic means of any application, license, permit, | ||||||||||||||||||||||||||
26 | return, or registration required under this Act.
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27 | The following are ineligible for any license under this | ||||||||||||||||||||||||||
28 | Act:
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29 | (a) any person who has been convicted of a felony within | ||||||||||||||||||||||||||
30 | the last 10 years prior to the date of application
within 10 | ||||||||||||||||||||||||||
31 | years of the
date of the application ;
| ||||||||||||||||||||||||||
32 | (b) any person who has been convicted of a violation of | ||||||||||||||||||||||||||
33 | Article 28 of
the "Criminal Code of 1961";
| ||||||||||||||||||||||||||
34 | (c) any person who has had a pull tabs and jar games, bingo | ||||||||||||||||||||||||||
35 | or
charitable games license revoked by the Department;
| ||||||||||||||||||||||||||
36 | (d) any person who is or has been a professional gambler;
|
| |||||||
| |||||||
1 | (e) any firm or corporation in which a person defined in | ||||||
2 | (a), (b), (c)
or (d) has any proprietary, equitable or credit | ||||||
3 | interest, or in which such
person is active or employed;
| ||||||
4 | (f) any organization in which a person defined in (a), (b), | ||||||
5 | (c) or (d)
is an officer, director, or employee, whether | ||||||
6 | compensated or not;
| ||||||
7 | (g) any organization in which a person defined in (a), (b), | ||||||
8 | (c) or (d)
is to participate in the management or operation of | ||||||
9 | pull tabs and jar games.
| ||||||
10 | The Department of State Police shall provide the criminal | ||||||
11 | background of
any supplier as requested by the Department of | ||||||
12 | Revenue.
| ||||||
13 | (Source: P.A. 86-703; 87-1271.)
| ||||||
14 | (230 ILCS 20/3) (from Ch. 120, par. 1053)
| ||||||
15 | Sec. 3. Licensing for the conducting of pull tabs and jar | ||||||
16 | games is
subject to the following restrictions:
| ||||||
17 | (1) The license application, when submitted to the | ||||||
18 | Department of Revenue,
shall contain a sworn statement | ||||||
19 | attesting to the not-for-profit character
of the prospective | ||||||
20 | licensee organization and shall be signed by a person listed on | ||||||
21 | the application as an owner, officer, or other person in charge | ||||||
22 | of the necessary day-to-day operations
the
presiding officer | ||||||
23 | and the secretary of that organization.
| ||||||
24 | (2) The license application shall be prepared in accordance | ||||||
25 | with the
rules of the Department of Revenue.
| ||||||
26 | (3) The licensee shall prominently display the license in | ||||||
27 | the area where
the licensee conducts pull tabs and jar games.
| ||||||
28 | (4) Each license shall state the location at which the | ||||||
29 | licensee is
permitted to conduct pull tabs and jar games. The | ||||||
30 | Department
may, on special application made by any organization | ||||||
31 | having a pull tabs and jar games license
a licensed | ||||||
32 | organization , issue a
special operator's permit for conducting | ||||||
33 | pull tabs and jar games
to conduct a single pull tabs or jar | ||||||
34 | games event at other premises and on other days not exceeding 7 | ||||||
35 | consecutive days, except that a licensee may conduct pull tabs |
| |||||||
| |||||||
1 | and jar games at the Illinois State Fair or any county fair | ||||||
2 | held in Illinois during each day that the fair is held, without | ||||||
3 | a processing fee. Such pull tabs and jar games conducted at the | ||||||
4 | Illinois State Fair or a county fair shall not require a | ||||||
5 | special operator's permit. No more than 2 special operator's | ||||||
6 | permits may be issued in one year to any one organization
| ||||||
7 | another
location. A special
permit shall be displayed at the | ||||||
8 | site of any pull tabs or jar games
authorized by such permit .
| ||||||
9 | (5) Any organization qualified for a license but not | ||||||
10 | holding one, may
upon application and payment of a | ||||||
11 | nonrefundable processing fee of $50 receive a limited license
| ||||||
12 | special permit to
conduct pull tabs or jar games at no more | ||||||
13 | than 2 indoor or outdoor
festivals in a year for a maximum of 7 | ||||||
14 | consecutive
5 days on each occasion. No more than 2 limited | ||||||
15 | licenses
permits
under this subsection may be issued to any | ||||||
16 | organization in any year. Such limited license shall be | ||||||
17 | prominently displayed at the site where pull tabs or jar games | ||||||
18 | are sold.
| ||||||
19 | (Source: P.A. 86-703.)
| ||||||
20 | (230 ILCS 20/4.1 new) | ||||||
21 | Sec. 4.1. Civil penalties. Any organization that conducts | ||||||
22 | pull tabs or jar games without first obtaining a license to do | ||||||
23 | so, or that continues to conduct pull tabs or jar games after | ||||||
24 | revocation or suspension of its pull tabs and jar games | ||||||
25 | license, or after receipt of a cease and desist order issued by | ||||||
26 | the Department, or any organization licensed to conduct pull | ||||||
27 | tabs and jar games that allows any form of illegal gambling to | ||||||
28 | be conducted on the premises where pull tabs or jar games are | ||||||
29 | being conducted shall, in addition to other penalties provided, | ||||||
30 | be subject to a civil penalty equal to the amount of gross | ||||||
31 | proceeds derived on that day from pull tabs and jar games and | ||||||
32 | any other illegal game that may have been conducted as well as | ||||||
33 | confiscation and forfeiture of the gross proceeds derived from | ||||||
34 | such pull tabs and jar games and any other illegal game.
|
| |||||||
| |||||||
1 | (230 ILCS 20/5) (from Ch. 120, par. 1055)
| ||||||
2 | Sec. 5. There shall be paid to the Department of Revenue 5% | ||||||
3 | of the
gross proceeds of any pull tabs and jar games conducted
| ||||||
4 | under this Act. Such payments shall be made 4 times per year, | ||||||
5 | between the
first and the 20th day of April, July, October and | ||||||
6 | January. Payment must
be made by money order or certified | ||||||
7 | check. Accompanying each payment shall
be a report, on forms | ||||||
8 | provided by the Department of Revenue, listing the
number of | ||||||
9 | drawings conducted, the gross income derived therefrom and such
| ||||||
10 | other information as the Department of Revenue may require. | ||||||
11 | Failure to
submit either the payment or the report within the | ||||||
12 | specified time shall
result in automatic revocation of the | ||||||
13 | license. The Department may authorize the payment of taxes and | ||||||
14 | fees imposed under this Act by electronic funds transfer. All | ||||||
15 | payments made to the
Department of Revenue under this Act shall | ||||||
16 | be deposited as follows:
| ||||||
17 | (a) 50% shall be deposited in the Common School Fund; and
| ||||||
18 | (b) 50% shall be deposited in the Illinois Gaming Law | ||||||
19 | Enforcement Fund.
Of the monies deposited in the Illinois | ||||||
20 | Gaming Law Enforcement Fund under
this Section, the General | ||||||
21 | Assembly shall appropriate two-thirds to the
Department of | ||||||
22 | Revenue, Department of State Police and the Office of the
| ||||||
23 | Attorney General for State law enforcement purposes, and | ||||||
24 | one-third shall be
appropriated to the Department of Revenue | ||||||
25 | for the purpose of distribution
in the form of grants to | ||||||
26 | counties or municipalities for law enforcement
purposes. The | ||||||
27 | amounts of grants to counties or municipalities shall bear
the | ||||||
28 | same ratio as the number of licenses issued in counties or
| ||||||
29 | municipalities bears to the total number of licenses issued in | ||||||
30 | the State.
In computing the number of licenses issued in a | ||||||
31 | county, licenses issued for
locations within a municipality's | ||||||
32 | boundaries shall be excluded.
| ||||||
33 | The Department of Revenue shall license suppliers and | ||||||
34 | manufacturers of
pull tabs and jar games at a nonrefundable
an | ||||||
35 | annual processing fee of $5,000 , or a triennial supplier's | ||||||
36 | license fee of $15,000 . Suppliers and
manufacturers shall meet |
| |||||||
| |||||||
1 | the requirements and qualifications established by
rule by the | ||||||
2 | Department. Licensed manufacturers shall sell pull tabs and
jar | ||||||
3 | games only to licensed suppliers. Licensed suppliers shall buy | ||||||
4 | pull
tabs and jar games only from licensed manufacturers and | ||||||
5 | shall sell pull
tabs and jar games only to licensed | ||||||
6 | organizations. Licensed organizations
shall buy pull tabs and | ||||||
7 | jar games only from licensed suppliers.
| ||||||
8 | The Department of Revenue shall adopt by rule minimum | ||||||
9 | quality production
standards for pull tabs and jar games. In | ||||||
10 | determining such standards, the
Department shall consider the | ||||||
11 | standards adopted by the National Association
of Gambling | ||||||
12 | Regulatory Agencies and the National Association of | ||||||
13 | Fundraising
Ticket Manufacturers. Such standards shall include | ||||||
14 | the name of the supplier
which shall appear in plain view to | ||||||
15 | the casual observer on the face side of
each pull tab ticket | ||||||
16 | and on each jar game ticket. The pull tab
ticket shall contain | ||||||
17 | the name of the game, the selling price of the ticket,
the | ||||||
18 | amount of the prize and the serial number of the ticket. The | ||||||
19 | back side
of a pull tab ticket shall contain a series of | ||||||
20 | perforated tabs marked "open
here". The logo of the | ||||||
21 | manufacturer shall be clearly
visible on each jar game ticket.
| ||||||
22 | The Department of Revenue shall adopt rules necessary to | ||||||
23 | provide for the
proper accounting and control of activities | ||||||
24 | under this Act, to ensure that
the proper taxes are paid, that | ||||||
25 | the proceeds from the activities under this
Act are used | ||||||
26 | lawfully, and to prevent illegal activity associated with the
| ||||||
27 | use of pull tabs and jar games.
| ||||||
28 | The provisions of Section 2a of the Retailers' Occupation | ||||||
29 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
30 | security are incorporated by reference
into this Act and are | ||||||
31 | applicable to licensees under this Act as a precondition
of | ||||||
32 | obtaining a license under this Act. The provisions of Sections | ||||||
33 | 4, 5,
5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, | ||||||
34 | 9, 10, 11 and
12 of the Retailers' Occupation Tax Act, and | ||||||
35 | Sections
Section 3-7 and 3-7.5
of the Uniform Penalty and | ||||||
36 | Interest Act, which are not inconsistent
with this Act shall |
| |||||||
| |||||||
1 | apply, as far as practicable, to the subject matter
of this Act | ||||||
2 | to the same extent as if such provisions were included in this
| ||||||
3 | Act. For the purposes of this Act, references in such | ||||||
4 | incorporated Sections
of the Retailers' Occupation Tax Act to | ||||||
5 | retailers, sellers or persons
engaged in the business of | ||||||
6 | selling tangible personal property means persons
engaged in | ||||||
7 | conducting pull tabs and jar games and references in such
| ||||||
8 | incorporated Sections of the Retailers' Occupation Tax Act to | ||||||
9 | sales of
tangible personal property mean the conducting of pull | ||||||
10 | tabs and jar games
and the making of charges for participating | ||||||
11 | in such drawings.
| ||||||
12 | (Source: P.A. 87-205; 87-895 .)
| ||||||
13 | (230 ILCS 20/6) (from Ch. 120, par. 1056)
| ||||||
14 | Sec. 6. Each licensee must keep a record of pull tabs and | ||||||
15 | jar
games conducted within the previous 5
3 years in accordance | ||||||
16 | with rules
therefor adopted by the Department of Revenue. Such | ||||||
17 | record shall be available for
inspection by any employee of the | ||||||
18 | Department of Revenue during reasonable
business hours. The | ||||||
19 | Department of Revenue may, at its discretion, revoke
any | ||||||
20 | license if it finds that the licensee or any person connected | ||||||
21 | therewith
has violated or is violating this Act or that such | ||||||
22 | drawings are or have
been conducted by a person or persons of | ||||||
23 | questionable character or affiliation.
No licensee under this | ||||||
24 | Act, while pull tabs and jar games chances are being
conducted, | ||||||
25 | shall knowingly permit entry to any part of the licensed | ||||||
26 | premises
to any person
who has been convicted
of a felony or a | ||||||
27 | violation of Article 28 of the Criminal Code of 1961.
| ||||||
28 | (Source: P.A. 85-1012.)
| ||||||
29 | Section 10. The Bingo License and Tax Act is amended by | ||||||
30 | changing Sections 1, 3, 4, and 4.1 and by adding Section 1.1 as | ||||||
31 | follows: | ||||||
32 | (230 ILCS 25/1) (from Ch. 120, par. 1101)
| ||||||
33 | Sec. 1. The Department of Revenue shall, upon application |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | therefor on
forms prescribed by such Department, and upon the | ||||||||||||||||||||||||||
2 | payment of a nonrefundable
an
annual processing fee
of $200 or | ||||||||||||||||||||||||||
3 | a triennial fee of $600 , and
upon a determination by the
| ||||||||||||||||||||||||||
4 | Department that the applicant meets
all of the qualifications | ||||||||||||||||||||||||||
5 | specified in this Section, issue a license for
the conducting | ||||||||||||||||||||||||||
6 | of bingo to any bona fide religious, charitable, labor,
| ||||||||||||||||||||||||||
7 | fraternal, youth athletic, senior citizen, educational or | ||||||||||||||||||||||||||
8 | veterans'
organization organized in Illinois which operates | ||||||||||||||||||||||||||
9 | without profit to its
members, which has been in existence in | ||||||||||||||||||||||||||
10 | Illinois continuously for a period
of 5 years immediately | ||||||||||||||||||||||||||
11 | before making application for a license and which
has had | ||||||||||||||||||||||||||
12 | during that entire 5 year period a bona fide membership engaged | ||||||||||||||||||||||||||
13 | in
carrying out its objects. However, the 5 year requirement | ||||||||||||||||||||||||||
14 | shall be
reduced to 2 years, as applied to a local organization | ||||||||||||||||||||||||||
15 | which is affiliated
with and chartered by a national | ||||||||||||||||||||||||||
16 | organization which meets the 5 year
requirement. Each annual | ||||||||||||||||||||||||||
17 | license expires at midnight, June 30 following
its date
of | ||||||||||||||||||||||||||
18 | issuance, except that, beginning with applicants whose | ||||||||||||||||||||||||||
19 | licenses expire
on June 30, 1983, the Department shall stagger | ||||||||||||||||||||||||||
20 | license expiration dates by
dividing the applicants into 4 | ||||||||||||||||||||||||||
21 | groups which are substantially equal in
number. Licenses issued | ||||||||||||||||||||||||||
22 | and license fees charged to applicants in each
group shall be | ||||||||||||||||||||||||||
23 | in accordance with the following schedule:
| ||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
29 | Following expiration under this schedule, each renewed license | ||||||||||||||||||||||||||
30 | shall be
in effect for one year from its date of issuance | ||||||||||||||||||||||||||
31 | unless extended, suspended , or revoked
by Department action | ||||||||||||||||||||||||||
32 | before that date. After June 30, 1983, every new
annual license | ||||||||||||||||||||||||||
33 | shall expire one year from the date of issuance unless | ||||||||||||||||||||||||||
34 | extended,
suspended , or
revoked and every new triennial license | ||||||||||||||||||||||||||
35 | issued or renewed on or after July
1, 2004 shall be in
effect | ||||||||||||||||||||||||||
36 | for 3 years from its date of issuance unless suspended or |
| |||||||
| |||||||
1 | revoked by
Department action before that date. The Department | ||||||
2 | may provide by rule for an extension of any bingo license | ||||||
3 | issued under this Act in order to allow applicants to | ||||||
4 | coordinate their bingo license renewal with any licenses held | ||||||
5 | under the Pull Tabs and Jar Games Act or the Charitable Games | ||||||
6 | Act. Any extension provided shall not exceed one year. A | ||||||
7 | licensee may hold only one license and
that license is valid
| ||||||
8 | for only one location.
The Department may authorize by rule the | ||||||
9 | filing by electronic means of any application, license, permit, | ||||||
10 | return, or registration required under this Act.
| ||||||
11 | For purposes of this Act, the following definitions apply: | ||||||
12 | "Organization":
A corporation, agency, partnership, | ||||||
13 | association, firm or other entity
consisting of 2 or more | ||||||
14 | persons joined by a common interest or purpose.
"Non-profit | ||||||
15 | organization": An organization or institution organized and
| ||||||
16 | conducted on a not-for-profit basis with no personal profit | ||||||
17 | inuring to any
one as a result of the operation. "Charitable | ||||||
18 | organization": An
organization or institution organized and | ||||||
19 | operated to benefit an indefinite
number of the public. | ||||||
20 | "Educational organization": An organization or
institution | ||||||
21 | organized and operated to provide systematic instruction in
| ||||||
22 | useful branches of learning by methods common to schools and | ||||||
23 | institutions
of learning which compare favorably in their scope | ||||||
24 | and intensity with the
course of study presented in | ||||||
25 | tax-supported schools. "Religious organization":
Any church, | ||||||
26 | congregation, society, or organization founded for the purpose
| ||||||
27 | of religious worship. "Fraternal organization": An | ||||||
28 | organization of persons,
including but not limited to ethnic | ||||||
29 | organizations, having a common
interest, organized and | ||||||
30 | operated exclusively to promote the welfare of its
members and | ||||||
31 | to benefit the general public on a continuing and consistent
| ||||||
32 | basis. "Veterans organization": An organization comprised of | ||||||
33 | members of
which substantially all are individuals who are | ||||||
34 | veterans or spouses,
widows, or widowers of veterans, the | ||||||
35 | primary purpose of which is to promote
the welfare of its | ||||||
36 | members and to provide assistance to the general public
in such |
| |||||||
| |||||||
1 | a way as to confer a public benefit. "Labor organization": An
| ||||||
2 | organization composed of labor unions or workers organized with | ||||||
3 | the
objective of betterment of the conditions of those engaged | ||||||
4 | in such pursuit
and the development of a higher degree of | ||||||
5 | efficiency in their respective
occupations. "Youth athletic | ||||||
6 | organization": An organization having as its
exclusive purpose | ||||||
7 | the promotion and provision of athletic activities for
youth | ||||||
8 | aged 18 and under. "Senior citizens organization": An | ||||||
9 | organization
or association comprised of members of which | ||||||
10 | substantially all are
individuals who are senior citizens, as | ||||||
11 | defined in Section 3.05 of the
Illinois Act on the Aging, the | ||||||
12 | primary purpose of which is to promote the
welfare of its | ||||||
13 | members.
| ||||||
14 | Licensing for the conducting of bingo is subject to the | ||||||
15 | following
restrictions:
| ||||||
16 | (1) The license application, when submitted to the | ||||||
17 | Department of Revenue,
must contain a sworn statement | ||||||
18 | attesting to the not-for-profit character
of the | ||||||
19 | prospective licensee organization, signed by a person | ||||||
20 | listed on the application as an owner, officer, or other | ||||||
21 | person in charge of the necessary day-to-day operations of | ||||||
22 | that organization
the presiding officer
and the secretary | ||||||
23 | of that organization .
| ||||||
24 | (2) The application for license shall be prepared in | ||||||
25 | accordance with the
rules of the Department of Revenue.
| ||||||
26 | (3) Each license shall state the day of the week and at | ||||||
27 | which location the licensee is permitted to conduct bingo | ||||||
28 | games. The Department may, on special application made by | ||||||
29 | any organization having a bingo license, issue a special | ||||||
30 | operator's permit for conducting bingo at other premises | ||||||
31 | and on other days not exceeding 7 consecutive days, except | ||||||
32 | that a licensee may conduct bingo at the Illinois State | ||||||
33 | Fair or any county fair held in Illinois during each day | ||||||
34 | that the fair is held, without a processing fee. Such bingo | ||||||
35 | games conducted at the Illinois State Fair or a county fair | ||||||
36 | shall not require a special operator's permit. No more than |
| |||||||
| |||||||
1 | 2 special operator's permits may be issued in one year to | ||||||
2 | any one organization. | ||||||
3 | (3.1) Any organization qualified for a license but not | ||||||
4 | holding one may, upon application and payment of a | ||||||
5 | nonrefundable processing fee of $50, receive a limited | ||||||
6 | license to conduct bingo games at no more than 2 indoor or | ||||||
7 | outdoor festivals in a year for a maximum of 7 consecutive | ||||||
8 | days on each occasion. No more than 2 limited licenses | ||||||
9 | under this item (3.1) may be issued to any organization in | ||||||
10 | any year. A limited license shall be prominently displayed | ||||||
11 | at the site where the bingo games are conducted.
Each | ||||||
12 | license shall state which day of the week and at what | ||||||
13 | location
the licensee is permitted to conduct bingo. The | ||||||
14 | Department may, on special
application made by any | ||||||
15 | organization having a bingo license, issue a special
| ||||||
16 | operator's permit for conducting bingo at other premises | ||||||
17 | and on other days
not exceeding 7 consecutive days, except | ||||||
18 | that a licensee may conduct bingo
at the Illinois State | ||||||
19 | Fair or any county fair held in Illinois during each
day | ||||||
20 | that the fair is in effect; such bingo games conducted at | ||||||
21 | the Illinois
State Fair or a county fair shall not require | ||||||
22 | a special operator's permit.
No more than 2 special | ||||||
23 | operator's permits may be issued in one year to any
one | ||||||
24 | organization. Any organization, qualified for a license | ||||||
25 | but not
holding one, upon application and payment of a $50 | ||||||
26 | fee may receive a
limited license to conduct bingo at no | ||||||
27 | more than 2 indoor or outdoor
festivals in a year for a | ||||||
28 | maximum of 5 days on each occasion or, upon
application and | ||||||
29 | payment of a $150 fee, may receive a limited license to | ||||||
30 | conduct
bingo at no more than 2 indoor or outdoor festivals | ||||||
31 | in a year for up to 3 years
for a maximum of 5 days on each | ||||||
32 | occasion. Such limited
license shall be prominently | ||||||
33 | displayed at the site of the bingo games.
| ||||||
34 | (4) The licensee shall display a license in a prominent | ||||||
35 | place in the area
where it is to conduct bingo.
| ||||||
36 | (5) The proceeds from the license fee imposed by this |
| |||||||
| |||||||
1 | Act shall be paid
into the General Revenue Fund of the | ||||||
2 | State Treasury.
| ||||||
3 | (6) A license authorizes the licensee to conduct the | ||||||
4 | game commonly known
as bingo, in which prizes are awarded | ||||||
5 | on the basis of designated numbers
or symbols on a card | ||||||
6 | conforming to numbers or symbols selected at random.
| ||||||
7 | (7) The Director has the power to issue or to refuse to | ||||||
8 | issue a license
permitting a person, firm or corporation to | ||||||
9 | provide premises for the
conduct of bingo; provided, | ||||||
10 | however, that a municipality shall not be
required to | ||||||
11 | obtain a license to provide such premises. The | ||||||
12 | nonrefundable processing fee for such
providers' license | ||||||
13 | is $200. A person, firm or corporation holding such a
| ||||||
14 | license may receive reasonable expenses for providing | ||||||
15 | premises for
conducting bingo. Reasonable expenses shall | ||||||
16 | include only those expenses
defined as reasonable by rules | ||||||
17 | promulgated by the Department.
| ||||||
18 | (8) Senior citizens organizations may conduct bingo | ||||||
19 | without a license or processing fee,
The Department may | ||||||
20 | issue restricted licenses to senior citizens
| ||||||
21 | organizations. The fee for a restricted license is $10 per | ||||||
22 | year
or $30 for 3 years. Restricted licenses shall be | ||||||
23 | subject to the following
conditions:
| ||||||
24 | (A) Bingo shall be conducted only at a facility | ||||||
25 | which is owned by a unit
of local government to which | ||||||
26 | the corporate authorities have given their
approval | ||||||
27 | and which is used to provide social services or a
| ||||||
28 | meeting place to senior citizens, or in common areas in | ||||||
29 | multi-unit federally
assisted rental housing | ||||||
30 | maintained solely for the elderly and handicapped;
| ||||||
31 | (B) The price paid for a single card shall not | ||||||
32 | exceed 5 cents;
| ||||||
33 | (C) The aggregate retail value of all prizes or | ||||||
34 | merchandise awarded in
any one game of bingo shall not | ||||||
35 | exceed $1;
| ||||||
36 | (D) No person or organization shall participate in |
| |||||||
| |||||||
1 | the management or
operation of bingo under this item | ||||||
2 | (8)
a restricted license if the person or organization
| ||||||
3 | would be ineligible for a license under this Section;
| ||||||
4 | and
| ||||||
5 | (E) No license is required to provide premises for | ||||||
6 | bingo conducted under this item (8).
a restricted | ||||||
7 | license; and
| ||||||
8 | (F) The Department may, by rule, exempt restricted | ||||||
9 | licensees from such
requirements of this Act as the | ||||||
10 | Department may deem appropriate.
| ||||||
11 | (9) Bingo equipment shall not be used for any purpose | ||||||
12 | other than for the play of bingo.
| ||||||
13 | The Director has the power to issue an annual or triennial
| ||||||
14 | a license permitting an Illinois person,
firm or corporation to | ||||||
15 | sell, lease or distribute to any organization licensed
to | ||||||
16 | conduct bingo games or to any licensed bingo supplier all | ||||||
17 | cards, boards,
sheets, markers, pads and all other supplies, | ||||||
18 | devices and equipment
designed for use in the play of bingo. No | ||||||
19 | person, firm or corporation shall
sell, lease or distribute | ||||||
20 | bingo supplies or equipment without having first
obtained a | ||||||
21 | license therefor upon written application made, verified and
| ||||||
22 | filed with the Department in the form prescribed by the rules | ||||||
23 | and
regulations of the Department. The nonrefundable | ||||||
24 | processing fee for such license is $200 for an annual license | ||||||
25 | or $600 for a triennial license .
| ||||||
26 | Applications for providers' and suppliers' licenses shall | ||||||
27 | be made in writing
in accordance with Department rules. Each | ||||||
28 | providers' or suppliers' license
is valid for one year from | ||||||
29 | date of issuance , and 3 years from date of issuance for a | ||||||
30 | triennial license , unless extended, suspended , or revoked by
| ||||||
31 | Department action before that date. Any extension of a | ||||||
32 | providers' or a suppliers' license shall not exceed one year. | ||||||
33 | No licensed supplier under this Act shall lend, sell, lease, | ||||||
34 | distribute, or allow the use of any supplies, devices, or | ||||||
35 | equipment designed for use in the play of bingo for the | ||||||
36 | conducting of anything other than bingo or to any person or |
| |||||||
| |||||||
1 | organization not otherwise licensed under this Act.
| ||||||
2 | The following are ineligible for any license under this | ||||||
3 | Act:
| ||||||
4 | (a) any person who has been convicted of a felony | ||||||
5 | within the last 10 years prior to the date of application ;
| ||||||
6 | (b) any person who has been convicted of a violation of | ||||||
7 | Article 28 of
the "Criminal Code of 1961";
| ||||||
8 | (c) any person found gambling, participating in | ||||||
9 | gambling or knowingly
permitting gambling on premises | ||||||
10 | where bingo is being conducted;
| ||||||
11 | (d) any firm or corporation in which a person defined | ||||||
12 | in (a), (b) or (c)
has a proprietary, equitable or credit | ||||||
13 | interest, or in which such person
is active or employed;
| ||||||
14 | (e) any organization in which a person defined in (a), | ||||||
15 | (b) or (c) is an
officer, director, or employee, whether | ||||||
16 | compensated or not;
| ||||||
17 | (f) any organization in which a person defined in (a), | ||||||
18 | (b) or (c) is to
participate in the management or operation | ||||||
19 | of a bingo game.
| ||||||
20 | (Source: P.A. 93-742, eff. 7-15-04.)
| ||||||
21 | (230 ILCS 25/1.1 new) | ||||||
22 | Sec. 1.1. Definitions. As used in this Act: | ||||||
23 | "Bingo" means a game in which each player has a card or | ||||||
24 | board for which a consideration has been paid, containing 5 | ||||||
25 | horizontal rows of spaces, with each row except the central one | ||||||
26 | containing 5 figures. The central row has 4 figures with the | ||||||
27 | word "free" marked in the center space. "Bingo" includes games | ||||||
28 | that otherwise qualify under this paragraph, except for the use | ||||||
29 | of cards where the figures are not preprinted but are filled in | ||||||
30 | by the players. A player wins a game of bingo by completing a | ||||||
31 | preannounced combination of spaces or, in the absence of a | ||||||
32 | preannouncement of a combination of spaces, any combination of | ||||||
33 | 5 spaces in a row, vertically, horizontally, or diagonally. | ||||||
34 | "Bingo equipment" means any equipment or machinery | ||||||
35 | designed or used for the play of bingo. |
| |||||||
| |||||||
1 | "Charitable organization" means an organization or | ||||||
2 | institution organized and operated to benefit an indefinite | ||||||
3 | number of the public. | ||||||
4 | "Department" means the Department of Revenue. | ||||||
5 | "Educational organization" means an organization or | ||||||
6 | institution organized and operated to provide systematic | ||||||
7 | instruction in useful branches of learning by methods common to | ||||||
8 | schools and institutions of learning which compare favorably in | ||||||
9 | their scope and intensity with the course of study presented in | ||||||
10 | tax-supported schools. | ||||||
11 | "Fraternal organization" means an organization of persons | ||||||
12 | having a common interest that is organized and operated | ||||||
13 | exclusively to promote the welfare of its members and to | ||||||
14 | benefit the general public on a continuing and consistent | ||||||
15 | basis, including but not limited to ethnic organizations. | ||||||
16 | "Labor organization" means an organization composed of | ||||||
17 | labor unions or workers organized with the objectives of | ||||||
18 | betterment of the conditions of those engaged in such pursuit | ||||||
19 | and the development of a higher degree of efficiency in their | ||||||
20 | respective occupations. | ||||||
21 | "Non-profit organization" means an organization or | ||||||
22 | institution organized and conducted on a not-for-profit basis | ||||||
23 | with no personal profit inuring to anyone as a result of the | ||||||
24 | operation. | ||||||
25 | "Organization" means a corporation, agency, partnership, | ||||||
26 | association, firm or other entity consisting of 2 or more | ||||||
27 | persons joined by a common interest or purpose. | ||||||
28 | "Person" means any natural individual, corporation, | ||||||
29 | partnership, limited liability company, organization (as | ||||||
30 | defined in this Section), licensee under this Act, or | ||||||
31 | volunteer. | ||||||
32 | "Religious organization" means any church, congregation, | ||||||
33 | society, or organization founded for the purpose of religious | ||||||
34 | worship. | ||||||
35 | "Senior citizens organization" means an organization or | ||||||
36 | association comprised of members of which substantially all are |
| |||||||
| |||||||
1 | individuals who are senior citizens, as defined in the Illinois | ||||||
2 | Act on the Aging, the primary purpose of which is to promote | ||||||
3 | the welfare of its members. | ||||||
4 | "Veterans' organization" means an organization comprised | ||||||
5 | of members of which substantially all are individuals who are | ||||||
6 | veterans or spouses, widows, or widowers of veterans, the | ||||||
7 | primary purpose of which is to promote the welfare of its | ||||||
8 | members and to provide assistance to the general public in such | ||||||
9 | a way as to confer a public benefit. | ||||||
10 | "Volunteer" means a person recruited by an organization who | ||||||
11 | voluntarily performs services at a bingo event, including | ||||||
12 | participation in the management or operation of a game. | ||||||
13 | "Youth athletic organization" means an organization having | ||||||
14 | as its exclusive purpose the promotion and provision of | ||||||
15 | athletic activities for youth aged 18 and under.
| ||||||
16 | (230 ILCS 25/3) (from Ch. 120, par. 1103)
| ||||||
17 | Sec. 3. There shall be paid to the Department of Revenue, | ||||||
18 | 5% of the gross
proceeds of any game of bingo conducted under | ||||||
19 | the provision of this Act.
Such payments shall be made 4 times | ||||||
20 | per year, between the first and the
20th day of April, July, | ||||||
21 | October and January. Payment must be by money
order or | ||||||
22 | certified check. Accompanying each payment shall be a report,
| ||||||
23 | on forms provided by the Department of Revenue, listing the | ||||||
24 | number of games
conducted, the gross income derived and such | ||||||
25 | other information as the
Department of Revenue may require. The | ||||||
26 | Department may authorize the payment of taxes and fees imposed | ||||||
27 | under this Act by electronic funds transfer. Failure to submit | ||||||
28 | either the payment or
the report within the specified time may | ||||||
29 | result in suspension or revocation
of the license.
| ||||||
30 | The provisions of Section 2a of the Retailers' Occupation | ||||||
31 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
32 | security are incorporated by reference
into this Act and are | ||||||
33 | applicable to licensees under this Act as a precondition
of | ||||||
34 | obtaining a license under this Act. The Department shall | ||||||
35 | establish by
rule the standards and criteria it will use in |
| |||||||
| |||||||
1 | determining whether to require
the furnishing of a bond or | ||||||
2 | other security, the amount of such bond or other
security, | ||||||
3 | whether to require the furnishing of an additional bond or | ||||||
4 | other
security by a licensee, and the amount of such additional | ||||||
5 | bond or other
security. Such standards and criteria may include | ||||||
6 | payment history, general
financial condition or other factors | ||||||
7 | which may pose risks to insuring the
payment to the Department | ||||||
8 | of Revenue, of applicable taxes. Such rulemaking
is subject to | ||||||
9 | the provisions of the Illinois Administrative Procedure Act.
| ||||||
10 | The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, | ||||||
11 | 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | ||||||
12 | Occupation
Tax Act which are not inconsistent with this Act, | ||||||
13 | and Sections
Section 3-7 and 3-7.5 of the
Uniform Penalty and | ||||||
14 | Interest Act shall apply, as far as
practicable, to the subject | ||||||
15 | matter of this Act to the same extent as if
such provisions | ||||||
16 | were included in this Act. Tax returns filed pursuant to
this | ||||||
17 | Act shall not be confidential and shall be available for public
| ||||||
18 | inspection. For the purposes of this Act, references in such | ||||||
19 | incorporated
Sections of the Retailers' Occupation Tax Act to | ||||||
20 | retailers, sellers or
persons engaged in the business of | ||||||
21 | selling tangible personal property means
persons engaged in | ||||||
22 | conducting bingo games, and references in such
incorporated | ||||||
23 | Sections of the Retailers' Occupation Tax Act to sales of
| ||||||
24 | tangible personal property mean the conducting of bingo games | ||||||
25 | and the
making of charges for playing such games.
| ||||||
26 | One-half of all of the sums collected under this Section | ||||||
27 | shall be deposited
into the Mental Health Fund and 1/2 of all | ||||||
28 | of the sums collected under this
Section shall be deposited in | ||||||
29 | the Common School Fund.
| ||||||
30 | (Source: P.A. 87-205; 87-895 .)
| ||||||
31 | (230 ILCS 25/4) (from Ch. 120, par. 1104)
| ||||||
32 | Sec. 4. Each licensee must keep a complete record of bingo | ||||||
33 | games conducted
within the previous 5
3 years. Such record | ||||||
34 | shall be open to inspection by
any employee of the Department | ||||||
35 | of Revenue during reasonable business hours.
|
| |||||||
| |||||||
1 | The Director may require that any person, organization or | ||||||
2 | corporation
licensed under this Act obtain from an Illinois | ||||||
3 | certified public accounting
firm at its own expense a certified | ||||||
4 | and unqualified financial statement
and verification of | ||||||
5 | records of such organization.
Failure of a bingo licensee to | ||||||
6 | comply with this requirement within 90
days of receiving notice | ||||||
7 | from the Director may
result in suspension or revocation of the | ||||||
8 | licensee's license.
| ||||||
9 | The Department of Revenue may, at its discretion, suspend | ||||||
10 | or revoke
any license where it finds that the licensee or any | ||||||
11 | person connected therewith
has violated or is violating the | ||||||
12 | provisions of this Act. No licensee under
this Act, while a | ||||||
13 | bingo game is being conducted, shall knowingly permit
the entry | ||||||
14 | into any part of the licensed premises by any person
who has | ||||||
15 | been convicted of a felony or a violation of
Article 28 of the | ||||||
16 | "Criminal Code of 1961".
| ||||||
17 | (Source: P.A. 82-967.)
| ||||||
18 | (230 ILCS 25/4.1) (from Ch. 120, par. 1104.01)
| ||||||
19 | Sec. 4.1. Any organization which conducts bingo without | ||||||
20 | first obtaining
a license to do so, or which continues to | ||||||
21 | conduct bingo after revocation or suspension
of its bingo | ||||||
22 | license, or after receipt of a cease and desist order issued by | ||||||
23 | the Department, or any organization licensed to conduct bingo | ||||||
24 | which
allows any form of illegal gambling to be conducted on | ||||||
25 | the premises where
bingo is being conducted shall, in addition | ||||||
26 | to other penalties provided,
be subject to a civil penalty | ||||||
27 | equal to the amount of gross proceeds derived
on that day from | ||||||
28 | bingo and any other illegal game that may have been
conducted | ||||||
29 | as well as confiscation and forfeiture of the gross proceeds
| ||||||
30 | derived from such bingo and any other illegal game.
| ||||||
31 | (Source: P.A. 84-221.)
| ||||||
32 | Section 15. The Charitable Games Act is amended by changing | ||||||
33 | Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 and by adding Section | ||||||
34 | 4.1 as follows:
|
| |||||||
| |||||||
1 | (230 ILCS 30/2) (from Ch. 120, par. 1122)
| ||||||
2 | Sec. 2. Definitions. For purposes of this Act, the | ||||||
3 | following definitions
apply:
| ||||||
4 | "Charitable organization" means an organization or | ||||||
5 | institution organized and operated to benefit an indefinite | ||||||
6 | number of the public. | ||||||
7 | "Department" means the Department of Revenue. | ||||||
8 | "Educational organization" means an organization or | ||||||
9 | institution organized and operated to provide systematic | ||||||
10 | instruction in useful branches of learning by methods common to | ||||||
11 | schools and institutions of learning which compare favorably in | ||||||
12 | their scope and intensity with the course of study presented in | ||||||
13 | tax-supported schools. | ||||||
14 | "Fraternal organization" means an organization of persons | ||||||
15 | having a common interest that is organized and operated | ||||||
16 | exclusively to promote the welfare of its members and to | ||||||
17 | benefit the general public on a continuing and consistent | ||||||
18 | basis, including but not limited to ethnic organizations. | ||||||
19 | "Labor organization" means an organization composed of | ||||||
20 | labor unions or workers organized with the objective of | ||||||
21 | betterment of the conditions of those engaged in such pursuit | ||||||
22 | and the development of a higher degree of efficiency in their | ||||||
23 | respective occupations. | ||||||
24 | "Non-profit organization" means an organization or | ||||||
25 | institution organized and conducted on a not-for-profit basis | ||||||
26 | with no personal profit inuring to anyone as a result of the | ||||||
27 | operation. | ||||||
28 | "Organization" means a corporation, agency, partnership, | ||||||
29 | association, firm or other entity consisting of 2 or more | ||||||
30 | persons joined by a common interest or purpose. | ||||||
31 | "Person" means any natural individual, corporation, | ||||||
32 | partnership, limited liability company, organization (as | ||||||
33 | defined in this Section), qualified organization, sponsoring | ||||||
34 | organization, licensee under this Act, or volunteer.
| ||||||
35 | "Organization": A corporation, agency, partnership, |
| |||||||
| |||||||
1 | institution,
association, firm or other entity consisting of 2 | ||||||
2 | or more persons joined by
a common interest or purpose.
| ||||||
3 | "Sponsoring organization": A qualified organization that | ||||||
4 | has obtained a
license to conduct a charitable games event in | ||||||
5 | conformance with the provisions
of this Act.
| ||||||
6 | "Qualified organization" means :
| ||||||
7 | (a) a charitable, religious, fraternal, veterans, | ||||||
8 | labor or educational
organization or institution organized | ||||||
9 | and conducted on a not-for-profit
basis with no personal | ||||||
10 | profit inuring to anyone as a result of the
operation and | ||||||
11 | which is exempt from federal income taxation under Sections
| ||||||
12 | 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or | ||||||
13 | 501(c)(19) of the
Internal Revenue Code;
| ||||||
14 | (b) a veterans organization as defined in Section 1 of | ||||||
15 | the
"Bingo License and Tax Act", approved July 22, 1971, as | ||||||
16 | amended, organized
and conducted on a not-for-profit basis | ||||||
17 | with no personal profit inuring to
anyone as a result of | ||||||
18 | the operation; or
| ||||||
19 | (c) An auxiliary organization of a veterans | ||||||
20 | organization.
| ||||||
21 | "Religious organization" means any church, congregation, | ||||||
22 | society, or organization founded for the purpose of religious | ||||||
23 | worship. | ||||||
24 | "Sponsoring organization" means a qualified organization | ||||||
25 | that has obtained a
license to conduct a charitable games event | ||||||
26 | in conformance with the provisions
of this Act.
| ||||||
27 | "Veterans' organization" means an organization comprised | ||||||
28 | of members of which substantially all are individuals who are | ||||||
29 | veterans or spouses, widows, or widowers of veterans, the | ||||||
30 | primary purpose of which is to promote the welfare of its | ||||||
31 | members and to provide assistance to the general public in such | ||||||
32 | a way as to confer a public benefit. | ||||||
33 | "Volunteer" means a person recruited by a sponsoring | ||||||
34 | organization who voluntarily performs services at a charitable | ||||||
35 | games event, including participation in the management or | ||||||
36 | operation of a game, as defined in Section 8. |
| |||||||
| |||||||
1 | "Fraternal organization": A civic, service or charitable | ||||||
2 | organization in
this State except a college or high school | ||||||
3 | fraternity or sorority, not for
pecuniary profit, which is a | ||||||
4 | branch, lodge or chapter of a national or
State organization | ||||||
5 | and exists for the common business, brotherhood, or
other | ||||||
6 | interest of its members.
| ||||||
7 | "Veterans organization": An organization comprised of | ||||||
8 | members of which
substantially all are individuals who are | ||||||
9 | veterans or spouses, widows, or
widowers of veterans, the | ||||||
10 | primary purpose of which is to promote the
welfare of its | ||||||
11 | members and to provide assistance to the general public in
such | ||||||
12 | a way as to confer a public benefit.
| ||||||
13 | "Labor organization": An organization composed of labor | ||||||
14 | unions or
workers organized with the objective of betterment of | ||||||
15 | the conditions of
those engaged in such pursuit and the | ||||||
16 | development of a higher degree of
efficiency in their | ||||||
17 | respective occupations.
| ||||||
18 | "Department": The Department of Revenue.
| ||||||
19 | "Volunteer": A person recruited by the sponsoring | ||||||
20 | organization who
voluntarily performs services at a charitable | ||||||
21 | games event, including
participation in the management or | ||||||
22 | operation of a game, as defined in Section
8.
| ||||||
23 | "Person": Any natural individual, a corporation, a | ||||||
24 | partnership, a limited
liability company, an organization as | ||||||
25 | defined in this
Section, a qualified organization, a sponsoring | ||||||
26 | organization, any other
licensee under this Act, or a | ||||||
27 | volunteer.
| ||||||
28 | (Source: P.A. 87-758; 88-669, eff. 11-29-94.)
| ||||||
29 | (230 ILCS 30/3) (from Ch. 120, par. 1123)
| ||||||
30 | Sec. 3. The Department of Revenue shall, upon application | ||||||
31 | therefor
on forms prescribed by such Department, and upon the | ||||||
32 | payment of a nonrefundable
an annual processing
fee of $200, | ||||||
33 | and upon a determination by the Department that the applicant
| ||||||
34 | meets all of the qualifications specified in this Section, | ||||||
35 | issue a
charitable games license for the conducting of |
| |||||||
| |||||||
1 | charitable games to any
of the following:
| ||||||
2 | (i) Any local fraternal mutual benefit organization | ||||||
3 | chartered at least
40 years before it applies for a license | ||||||
4 | under this Act.
| ||||||
5 | (ii) Any qualified organization organized in Illinois | ||||||
6 | which operates
without profit to its members, which has | ||||||
7 | been in existence in Illinois
continuously for a period of | ||||||
8 | 5 years immediately before making application for
a license | ||||||
9 | and which has had during that 5 year period a bona fide | ||||||
10 | membership
engaged in carrying out its objects. However, | ||||||
11 | the 5 year requirement shall be
reduced to 2 years, as | ||||||
12 | applied to a local organization which is affiliated with
| ||||||
13 | and chartered by a national organization which meets the 5 | ||||||
14 | year requirement.
The period of existence specified above | ||||||
15 | shall not apply to a qualified
organization, organized for | ||||||
16 | charitable purpose, created by a fraternal
organization | ||||||
17 | that meets the existence requirements if the charitable
| ||||||
18 | organization has the same officers and directors as the | ||||||
19 | fraternal organization.
Only one charitable organization | ||||||
20 | created by a branch lodge or chapter of a
fraternal | ||||||
21 | organization may be licensed under this provision.
| ||||||
22 | Each license shall be in effect for one year from its date | ||||||
23 | of
issuance unless extended, suspended , or revoked by | ||||||
24 | Department action before that date. Any extension shall not | ||||||
25 | exceed one year. The Department may by rule authorize the | ||||||
26 | filing by electronic means of any application, license, permit, | ||||||
27 | return, or registration required under this Act.
A licensee may | ||||||
28 | hold only one license. Each license shall
must be applied for | ||||||
29 | at
least 30 days prior to the night or nights the licensee | ||||||
30 | wishes to conduct
such games. The Department may issue a | ||||||
31 | license to a licensee that applies less than 30 days prior to | ||||||
32 | the night or nights the licensee wishes to conduct the games if | ||||||
33 | all other requirements of this Act are met and the Department | ||||||
34 | has sufficient time and resources to issue the license in a | ||||||
35 | timely manner. The Department may provide by rule for an | ||||||
36 | extension of any charitable games license issued under this Act |
| |||||||
| |||||||
1 | in order to allow applicants to coordinate their charitable | ||||||
2 | games license renewal with any licenses held under the Bingo | ||||||
3 | License and Tax Act and the Pull Tab and Jar Games Act. Any | ||||||
4 | extension provided shall not exceed one year. If a licensee | ||||||
5 | wishes to conduct games at a location other than
the locations | ||||||
6 | originally specified in the license, the licensee shall
notify | ||||||
7 | the Department of the proposed alternate location at least 30
| ||||||
8 | 60 days
before the night on which the licensee wishes to | ||||||
9 | conduct games at the
alternate location. The Department may | ||||||
10 | accept an applicant's change in location with less than 30 | ||||||
11 | days' notice if all other requirements of this Act are met and | ||||||
12 | the Department has sufficient time and resources to process the | ||||||
13 | change in a timely manner.
| ||||||
14 | (Source: P.A. 87-758; 87-1271.)
| ||||||
15 | (230 ILCS 30/4) (from Ch. 120, par. 1124)
| ||||||
16 | Sec. 4. Licensing Restrictions. Licensing for the | ||||||
17 | conducting of
charitable games is subject to the following | ||||||
18 | restrictions:
| ||||||
19 | (1) The license application, when submitted to the | ||||||
20 | Department of Revenue,
must contain a sworn statement | ||||||
21 | attesting to the not-for-profit character
of the | ||||||
22 | prospective licensee organization, signed by a person | ||||||
23 | listed on the application as an owner, officer, or other | ||||||
24 | person in charge of the necessary day-to-day operations
the | ||||||
25 | presiding officer
and the secretary of that organization. | ||||||
26 | The application shall contain the
name of the person in | ||||||
27 | charge of and primarily responsible for the
conduct of the | ||||||
28 | charitable games. The person so designated shall be
present | ||||||
29 | on the premises continuously during charitable games. Any | ||||||
30 | wilful
misstatements contained in such application | ||||||
31 | constitute perjury.
| ||||||
32 | (2) The application for license shall be prepared by | ||||||
33 | the prospective
licensee organization or its duly | ||||||
34 | authorized representative in accordance
with the
rules of | ||||||
35 | the Department of Revenue.
|
| |||||||
| |||||||
1 | (2.1) The organization
application for a license shall | ||||||
2 | maintain among its books and records
contain a list of the | ||||||
3 | names,
addresses, social security numbers, and dates of | ||||||
4 | birth of all persons who will
participate in the management | ||||||
5 | or operation of the games, along with a sworn
statement | ||||||
6 | made under penalties of perjury, signed by a person listed | ||||||
7 | on the application as an owner, officer, or other person in | ||||||
8 | charge of the necessary day-to-day operations
the | ||||||
9 | presiding officer and
secretary of the applicant , that the | ||||||
10 | persons listed as participating in the
management or | ||||||
11 | operation of the games are bona fide members, volunteers as
| ||||||
12 | defined in Section 2, or employees of the applicant, that | ||||||
13 | these persons have
not
participated in the management or | ||||||
14 | operation of more than 4 charitable games
events conducted | ||||||
15 | by any licensee in the calendar year, and that these | ||||||
16 | persons
will receive no remuneration or compensation, | ||||||
17 | directly or indirectly from any
source, for participating | ||||||
18 | in the management or operation of the games. Any
amendments | ||||||
19 | to this listing must contain an identical sworn statement.
| ||||||
20 | (2.2) The application shall be signed by a person | ||||||
21 | listed on the application as an owner, officer, or other | ||||||
22 | person in charge of the necessary day-to-day operations
the | ||||||
23 | presiding officer and the
secretary of the applicant | ||||||
24 | organization, who shall attest under penalties of
perjury | ||||||
25 | that the information contained in the application is true, | ||||||
26 | correct, and
complete.
| ||||||
27 | (3) Each license shall state which day of the week, | ||||||
28 | hours and
at what
locations the licensee is permitted to | ||||||
29 | conduct charitable games.
| ||||||
30 | (4) Each licensee shall file a copy of the license with | ||||||
31 | each
police
department or, if in unincorporated areas, each | ||||||
32 | sheriff's office whose
jurisdiction includes the premises | ||||||
33 | on which the charitable games are
authorized under the | ||||||
34 | license.
| ||||||
35 | (5) The licensee shall display the license in a | ||||||
36 | prominent
place in the
area where it is to conduct |
| |||||||
| |||||||
1 | charitable games.
| ||||||
2 | (6) The proceeds from the license fee imposed by this | ||||||
3 | Act
shall be paid
into the Illinois Gaming Law Enforcement | ||||||
4 | Fund of the State Treasury.
| ||||||
5 | (7) Each licensee shall obtain and maintain a bond for | ||||||
6 | the
benefit of
participants in games conducted by the | ||||||
7 | licensee to insure payment to the
winners of such games. | ||||||
8 | Such bond requirement shall be discretionary by the | ||||||
9 | Department and shall be in an amount established by rule
by | ||||||
10 | the Department of Revenue. In a county with fewer than | ||||||
11 | 60,000
inhabitants, the Department may waive the bond
| ||||||
12 | requirement upon a showing by a licensee that it has | ||||||
13 | sufficient funds on
deposit to insure payment to the | ||||||
14 | winners of such games.
| ||||||
15 | (8) A license is not assignable or transferable.
| ||||||
16 | (9) Unless the premises for conducting charitable | ||||||
17 | games are provided by
a
municipality, the Department shall | ||||||
18 | not issue a license
permitting a
person, firm
or | ||||||
19 | corporation to sponsor a charitable games night if the | ||||||
20 | premises for the
conduct of the charitable games has been | ||||||
21 | previously used for 8
charitable
games nights during the | ||||||
22 | previous 12 months.
| ||||||
23 | (10) Auxiliary organizations of a licensee shall not be
| ||||||
24 | eligible for a
license to conduct charitable games, except | ||||||
25 | for auxiliary organizations
of veterans organizations as | ||||||
26 | authorized in Section 2.
| ||||||
27 | (11) Charitable games must be conducted in accordance | ||||||
28 | with
local
building and fire code requirements.
| ||||||
29 | (12) The licensee shall consent to allowing the | ||||||
30 | Department's
employees
to be present on the premises | ||||||
31 | wherein the charitable games are conducted
and to inspect | ||||||
32 | or test equipment, devices and supplies used in the conduct
| ||||||
33 | of the game.
| ||||||
34 | Nothing in this Section shall be construed to prohibit a | ||||||
35 | licensee that
conducts charitable games on its own premises | ||||||
36 | from also obtaining a
providers' license in accordance with |
| |||||||
| |||||||
1 | Section 5.1.
The maximum number of charitable games events that | ||||||
2 | may be held in any one
premises is limited to 8 charitable | ||||||
3 | games events per calendar year.
| ||||||
4 | (Source: P.A. 87-758; 88-563, eff. 1-1-95; 88-669, eff. | ||||||
5 | 11-29-94.)
| ||||||
6 | (230 ILCS 30/4.1 new) | ||||||
7 | Sec. 4.1. Civil penalties. Any organization that conducts | ||||||
8 | charitable games without first obtaining a license to do so, or | ||||||
9 | that continues to conduct charitable games after revocation or | ||||||
10 | suspension of its charitable games license, or after receipt of | ||||||
11 | a cease and desist order issued by the Department, or any | ||||||
12 | organization licensed to conduct charitable games that allows | ||||||
13 | any form of illegal gambling to be conducted on the premises | ||||||
14 | where charitable games is being conducted shall, in addition to | ||||||
15 | other penalties provided, be subject to a civil penalty equal | ||||||
16 | to the amount of gross proceeds derived on that day from | ||||||
17 | charitable games and any other illegal game that may have been | ||||||
18 | conducted as well as confiscation and forfeiture of the gross | ||||||
19 | proceeds derived from such charitable games and any other | ||||||
20 | illegal game.
| ||||||
21 | (230 ILCS 30/5) (from Ch. 120, par. 1125)
| ||||||
22 | Sec. 5. Providers' License. The Department shall issue a | ||||||
23 | providers'
license permitting a person, firm or corporation to | ||||||
24 | provide
premises for the conduct of charitable games. No | ||||||
25 | person, firm or
corporation may rent or otherwise provide | ||||||
26 | premises without having first
obtained a license therefor upon | ||||||
27 | written application made, verified and
filed with the | ||||||
28 | Department in the form prescribed by the rules and
regulations | ||||||
29 | of the Department. Each providers' license is valid for one | ||||||
30 | year
from the date of issuance, unless suspended or revoked by | ||||||
31 | Department action
before
that date. The nonrefundable | ||||||
32 | processing
annual fee for an annual
such providers' license
is | ||||||
33 | $50 , or $150 for a triennial provider's license . A provider may | ||||||
34 | receive reasonable compensation for the provision
of the |
| |||||||
| |||||||
1 | premises. The compensation shall not be based upon a percentage | ||||||
2 | of
the gross proceeds from the charitable games. A provider, | ||||||
3 | other than a
municipality, may not provide
the same premises | ||||||
4 | for conducting more than 8 charitable games nights
per year.
A | ||||||
5 | provider shall not have any interest in any suppliers' | ||||||
6 | business, either
direct or indirect.
A municipality may provide | ||||||
7 | the same premises for conducting 16 charitable
games nights | ||||||
8 | during a 12-month period. No employee, officer, or owner of a
| ||||||
9 | provider may participate in the management or operation of a | ||||||
10 | charitable games
event, even if the employee, officer, or owner | ||||||
11 | is also a member, volunteer, or
employee of the charitable | ||||||
12 | games licensee. A provider may not promote or
solicit a | ||||||
13 | charitable games event on behalf of a charitable games licensee | ||||||
14 | or
qualified organization.
Any qualified organization licensed | ||||||
15 | to conduct a
charitable game need not obtain a providers' | ||||||
16 | license if such games are to
be conducted on the organization's | ||||||
17 | premises.
| ||||||
18 | (Source: P.A. 85-1412; 88-563, eff. 1-1-95; 88-669, eff. | ||||||
19 | 11-29-94.)
| ||||||
20 | (230 ILCS 30/6) (from Ch. 120, par. 1126)
| ||||||
21 | Sec. 6. Supplier's license. The Department shall issue a | ||||||
22 | supplier's
license permitting a person,
firm or corporation to | ||||||
23 | sell, lease, lend or distribute to any organization
licensed
to | ||||||
24 | conduct charitable games,
supplies, devices and other | ||||||
25 | equipment designed for use in the playing of
charitable games.
| ||||||
26 | No person, firm or corporation shall sell, lease or distribute | ||||||
27 | charitable
games supplies
or equipment without having first | ||||||
28 | obtained a license therefor upon written
application made, | ||||||
29 | verified and filed with the Department in the form prescribed
| ||||||
30 | by the rules and regulations of the Department. No licensed | ||||||
31 | supplier under this Act shall lease, lend, or distribute | ||||||
32 | charitable gaming equipment, supplies, or other devices to | ||||||
33 | persons not otherwise licensed to conduct charitable games | ||||||
34 | under this Act. Each supplier's license is
valid for a period | ||||||
35 | of one year from the date of issuance, unless suspended or
|
| |||||||
| |||||||
1 | revoked by Department action before that date.
The | ||||||
2 | nonrefundable processing
annual fee for an annual supplier's
| ||||||
3 | such
license is $500 , or $1,500 for a triennial supplier's | ||||||
4 | license . The Department may require by rule for the provision | ||||||
5 | of
surety bonds by suppliers. A supplier
shall keep among its | ||||||
6 | books and records and make available for inspection by the | ||||||
7 | Department
furnish the Department
with a list of all products | ||||||
8 | and equipment offered for sale or lease to any
organization | ||||||
9 | licensed to conduct charitable games, and all such products
and | ||||||
10 | equipment shall be sold or leased at the prices shown on the | ||||||
11 | books and records
on file with the
Department . A supplier shall | ||||||
12 | keep all such products and equipment
segregated and separate | ||||||
13 | from any other products, materials or equipment that
it might | ||||||
14 | own, sell or lease.
A supplier must include in its application | ||||||
15 | for a license the exact
location of the storage of the | ||||||
16 | products, materials or equipment. A
supplier, as a condition of | ||||||
17 | licensure, must consent to permitting the
Department's | ||||||
18 | employees to enter supplier's premises to inspect and test all
| ||||||
19 | equipment and devices.
A supplier shall keep books and records | ||||||
20 | for
the furnishing of products and equipment to charitable | ||||||
21 | games separate and
distinct from any other business the | ||||||
22 | supplier might operate. All products
and equipment supplied | ||||||
23 | must be in accord with the Department's rules and
regulations.
| ||||||
24 | A supplier shall not alter or modify any equipment or supplies, | ||||||
25 | or possess
any equipment or supplies so altered or modified, so | ||||||
26 | as to allow the
possessor or operator of the equipment to | ||||||
27 | obtain a greater chance of
winning a game other than as under | ||||||
28 | normal rules of play of such games.
The supplier shall not | ||||||
29 | require an organization to pay a
percentage of the proceeds | ||||||
30 | from the charitable games for the use of the
products or | ||||||
31 | equipment. The supplier shall keep among its books and records, | ||||||
32 | make available for immediate inspection by the Department, and | ||||||
33 | produce upon Department request a
file a quarterly return with | ||||||
34 | the
Department listing of all sales or leases for such quarter | ||||||
35 | and the gross
proceeds from such
sales or leases. A supplier | ||||||
36 | shall permanently affix his name to all
charitable games |
| |||||||
| |||||||
1 | equipment, supplies and pull tabs. A supplier shall not
have | ||||||
2 | any interest in any providers' business, either direct or | ||||||
3 | indirect.
If the supplier leases his equipment for use at an | ||||||
4 | unlicensed charitable
games or to an unlicensed sponsoring | ||||||
5 | group, all equipment so leased is
forfeited to the State.
| ||||||
6 | No person, firm or corporation shall sell, lease or
| ||||||
7 | distribute for compensation within this State, or possess with | ||||||
8 | intent to sell, lease or
distribute for compensation within | ||||||
9 | this State, any chips,
representations of money, wheels or any | ||||||
10 | devices or
equipment designed for use or used in the play of | ||||||
11 | charitable games
without first having obtained a license to do | ||||||
12 | so from the Department of
Revenue. Any person, firm or | ||||||
13 | corporation which knowingly violates this
paragraph shall be | ||||||
14 | guilty of a Class A misdemeanor, the fine for which
shall not | ||||||
15 | exceed $50,000.
| ||||||
16 | Organizations licensed to conduct charitable games may own | ||||||
17 | their own
equipment. Such organizations must apply to the | ||||||
18 | Department for an
ownership permit. Any such application must | ||||||
19 | be accompanied by a nonrefundable processing fee of $50 fee .
| ||||||
20 | Such organizations shall file an annual report listing their | ||||||
21 | inventory of
charitable games equipment. Such organizations | ||||||
22 | may lend such equipment
without compensation to other licensed | ||||||
23 | organizations without applying for a
suppliers license.
| ||||||
24 | No employee, owner, or officer of a supplier may
| ||||||
25 | participate in the management or operation of a charitable | ||||||
26 | games event,
even if the employee, owner, or officer is also a | ||||||
27 | member, volunteer, or
employee of the charitable games | ||||||
28 | licensee. A supplier may not promote or
solicit a charitable | ||||||
29 | games event on behalf of a charitable games licensee or
| ||||||
30 | qualified organization.
| ||||||
31 | (Source: P.A. 88-669, eff. 11-29-94.)
| ||||||
32 | (230 ILCS 30/7) (from Ch. 120, par. 1127)
| ||||||
33 | Sec. 7. Ineligible Persons. The following are ineligible | ||||||
34 | for any
license under this Act:
| ||||||
35 | (a) any person who has been convicted of a felony within |
| |||||||
| |||||||
1 | the last 10 years prior to the date of application
within 10 | ||||||
2 | years of
the date of the application ;
| ||||||
3 | (b) any person who has been convicted of a violation of | ||||||
4 | Article 28 of
the Criminal Code of 1961;
| ||||||
5 | (c) any person who has had a bingo, pull tabs, or | ||||||
6 | charitable games
license revoked
by the Department;
| ||||||
7 | (d) any person who is or has been a professional gambler;
| ||||||
8 | (d-1) any person found gambling in a manner not authorized | ||||||
9 | by this Act,
participating in such gambling, or knowingly
| ||||||
10 | permitting such gambling on premises where an authorized | ||||||
11 | charitable games event
is
being or has been conducted;
| ||||||
12 | (e) any business or organization in which a person defined | ||||||
13 | in (a), (b), (c), (d),
or
(d-1)
has a proprietary, equitable, | ||||||
14 | or credit interest, or in which the person
is active or | ||||||
15 | employed;
| ||||||
16 | (f) any business or organization in which a person defined
| ||||||
17 | in (a), (b), (c), (d), or (d-1) is an
officer, director, or | ||||||
18 | employee, whether compensated or not;
| ||||||
19 | (g) any organization in which a person defined in (a), (b),
| ||||||
20 | (c), (d), or (d-1) is to
participate in the management or | ||||||
21 | operation of charitable games.
| ||||||
22 | The Department of State Police shall provide the criminal | ||||||
23 | background of
any person requested by the Department of | ||||||
24 | Revenue.
| ||||||
25 | (Source: P.A. 88-669, eff. 11-29-94.)
| ||||||
26 | (230 ILCS 30/8) (from Ch. 120, par. 1128)
| ||||||
27 | Sec. 8. The conducting of charitable games is subject to | ||||||
28 | the following
restrictions:
| ||||||
29 | (1) The entire net proceeds from charitable games must | ||||||
30 | be exclusively
devoted to the lawful purposes of the | ||||||
31 | organization permitted to conduct
that game.
| ||||||
32 | (2) No person except a bona fide member or employee of | ||||||
33 | the
sponsoring organization, or a volunteer recruited by | ||||||
34 | the sponsoring
organization, may participate in the | ||||||
35 | management or operation of the
game.
A person participates |
| |||||||
| |||||||
1 | in the management or operation of a charitable game
when he | ||||||
2 | or she sells admission tickets at the event; sells, | ||||||
3 | redeems, or in any
way assists in the selling or redeeming | ||||||
4 | of chips, scrip, or play money;
participates in the
| ||||||
5 | conducting of any of the games played during the event, or | ||||||
6 | supervises, directs
or instructs anyone conducting a game; | ||||||
7 | or at any time during the hours of the
charitable games | ||||||
8 | event counts, handles, or supervises anyone counting or
| ||||||
9 | handling any of the proceeds or chips, scrip, or play money | ||||||
10 | at the event. A
person who is present to
ensure that the | ||||||
11 | games are being conducted in conformance with the rules
| ||||||
12 | established by the licensed organization or is present to | ||||||
13 | insure that the
equipment is working
properly is considered | ||||||
14 | to be participating in the management or operation of a
| ||||||
15 | game. Setting up, cleaning up, selling food and drink, or | ||||||
16 | providing security
for persons or property at the event | ||||||
17 | does not constitute participation in the
management or | ||||||
18 | operation of the game.
| ||||||
19 | Only bona fide members, volunteers as defined in | ||||||
20 | Section 2 of this Act, and
employees of the sponsoring | ||||||
21 | organization may participate in the management or
| ||||||
22 | operation of the games. A person who participates in the | ||||||
23 | management or
operation
of the games and who is not a bona | ||||||
24 | fide member, volunteer as defined in
Section 2 of this Act, | ||||||
25 | or employee of the sponsoring organization, or who
receives | ||||||
26 | remuneration or other compensation either directly or | ||||||
27 | indirectly from
any
source for participating in the | ||||||
28 | management or operation of the games, or who
has | ||||||
29 | participated in the management or operation of more than 4
| ||||||
30 | charitable games events in the calendar year, commits a | ||||||
31 | violation
of this Act. In addition, a licensed organization | ||||||
32 | that utilizes any person
described in the preceding | ||||||
33 | sentence
commits a violation of this Act.
| ||||||
34 | (3) No person may receive any remuneration or | ||||||
35 | compensation either
directly or
indirectly from any source | ||||||
36 | for
participating in the management or operation of the |
| |||||||
| |||||||
1 | game.
| ||||||
2 | (4) No single bet at any game may exceed $10.
| ||||||
3 | (5) A bank shall be established on the premises to | ||||||
4 | convert currency into
chips, scrip, or other form of play | ||||||
5 | money which shall then be used to play
at
games of chance | ||||||
6 | which the participant chooses. Chips, scrip, or play money
| ||||||
7 | must be permanently monogrammed with the logo of the | ||||||
8 | licensed organization or of the
supplier. Each participant | ||||||
9 | must be issued a receipt indicating the amount
of chips, | ||||||
10 | scrip, or play money purchased.
| ||||||
11 | (6) At the conclusion of the event or when the | ||||||
12 | participant leaves, he
may cash in his chips, scrip, or | ||||||
13 | play money in exchange for currency not to
exceed $250 | ||||||
14 | above the amount required to participate in the charitable | ||||||
15 | games event or noncash prizes. Each participant shall sign | ||||||
16 | for any receipt
of prizes. The licensee shall provide the | ||||||
17 | Department of Revenue with a
listing of all prizes awarded , | ||||||
18 | including the retail value of all prizes awarded .
| ||||||
19 | (7) Each licensee shall be permitted to conduct | ||||||
20 | charitable games on
not more than 4 days each year.
| ||||||
21 | (8) Unless the provider of the premises is a | ||||||
22 | municipality, the
provider of the premises may not rent or | ||||||
23 | otherwise provide the
premises for the conducting of more | ||||||
24 | than 8 charitable games nights per year.
| ||||||
25 | (9) Charitable games may not be played between the | ||||||
26 | hours of 2:00 a.m.
and noon.
| ||||||
27 | (10) No person under the age of 18 years may play or | ||||||
28 | participate in the
conducting of charitable games. Any | ||||||
29 | person under the age of 18 years
may be within the area | ||||||
30 | where charitable games are being played only
when | ||||||
31 | accompanied by his parent or guardian.
| ||||||
32 | (11) No one other than the sponsoring organization
of | ||||||
33 | charitable games must have a proprietary
interest in the | ||||||
34 | game promoted.
| ||||||
35 | (12) Raffles or other forms of gambling prohibited by | ||||||
36 | law shall not be
conducted on the premises where charitable |
| |||||||
| |||||||
1 | games are being conducted.
| ||||||
2 | (13) Such games are not expressly prohibited by county
| ||||||
3 | ordinance for
charitable games conducted in the | ||||||
4 | unincorporated areas of the county or
municipal ordinance | ||||||
5 | for charitable games conducted in the municipality and
the | ||||||
6 | ordinance is filed with the Department of Revenue. The | ||||||
7 | Department
shall provide each county or municipality with a | ||||||
8 | list of organizations
licensed or subsequently authorized | ||||||
9 | by the Department to conduct
charitable games in their | ||||||
10 | jurisdiction.
| ||||||
11 | (14) The sale of tangible personal property at | ||||||
12 | charitable games is
subject to all State and local taxes | ||||||
13 | and obligations.
| ||||||
14 | (15) Each licensee may offer or conduct only the games
| ||||||
15 | listed
below,
which must be conducted in accordance with
| ||||||
16 | rules posted by the organization. The organization | ||||||
17 | sponsoring charitable
games shall promulgate rules, and | ||||||
18 | make printed copies available to
participants, for the | ||||||
19 | following games: (a) roulette; (b) blackjack; (c)
poker; | ||||||
20 | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||||||
21 | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | ||||||
22 | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | ||||||
23 | merchandise wheel. A licensee need not offer or
conduct | ||||||
24 | every game permitted by law.
The conducting of games not | ||||||
25 | listed above is prohibited by this Act.
| ||||||
26 | (16) No slot machines or coin-in-the-slot-operated | ||||||
27 | devices
that allow a participant to play games of chance | ||||||
28 | based upon cards
or dice
shall be permitted to be used at | ||||||
29 | the location and during the time at which
the charitable | ||||||
30 | games are being conducted.
| ||||||
31 | (17) No cards, dice, wheels, or other equipment may be | ||||||
32 | modified or
altered
so as to give the licensee a greater | ||||||
33 | advantage in winning, other than as
provided under the | ||||||
34 | normal rules of play of a particular game.
| ||||||
35 | (18) No credit shall be extended to any of the | ||||||
36 | participants.
|
| |||||||
| |||||||
1 | (19) No person may participate in the management or | ||||||
2 | operation of games
at more than 4 charitable games events | ||||||
3 | in any calendar year.
| ||||||
4 | (20) A supplier may have only one representative | ||||||
5 | present at the charitable
games event, for the exclusive | ||||||
6 | purpose of ensuring that its equipment is not
damaged.
| ||||||
7 | (21) No employee, owner, or officer of a consultant | ||||||
8 | service hired by a
licensed organization to perform | ||||||
9 | services at the event including, but not
limited to, | ||||||
10 | security for
persons or property at the event or services | ||||||
11 | before the event including, but
not limited to, training | ||||||
12 | for volunteers
or advertising may participate in the | ||||||
13 | management or operation of the games.
| ||||||
14 | (22) Volunteers as defined in Section 2 of this Act and | ||||||
15 | bona fide
members
and
employees of a sponsoring | ||||||
16 | organization may not receive remuneration or
compensation, | ||||||
17 | either directly or indirectly from any source, for | ||||||
18 | participating
in the management or operation of games. They | ||||||
19 | may participate in the
management or operation of no more | ||||||
20 | than 4 charitable games events, either of
the sponsoring | ||||||
21 | organization or any other licensed organization, during a
| ||||||
22 | calendar year.
| ||||||
23 | Nothing in this Section shall be construed to prohibit a | ||||||
24 | licensee that
conducts charitable games on its own premises | ||||||
25 | from also obtaining a
providers' license in accordance with | ||||||
26 | Section 5.1.
| ||||||
27 | (Source: P.A. 87-758; 87-1271; 88-480; 88-563, eff. 1-1-95; | ||||||
28 | 88-669, eff.
11-29-94; 88-670, eff. 12-2-94.)
| ||||||
29 | (230 ILCS 30/9) (from Ch. 120, par. 1129)
| ||||||
30 | Sec. 9. There shall be paid to the Department of Revenue, | ||||||
31 | 3% of the
gross proceeds of charitable games conducted under | ||||||
32 | the provisions
of this Act. Such payments shall be made within | ||||||
33 | 30 days after the
completion of the games. Payment must be by | ||||||
34 | money order or certified
check. Accompanying each payment shall | ||||||
35 | be a report, on forms provided by
the Department of Revenue, |
| |||||||
| |||||||
1 | listing the games conducted, the gross income
derived and such | ||||||
2 | other information as the Department of Revenue may
require. | ||||||
3 | Failure to submit either the payment or the report within the
| ||||||
4 | specified time may result in suspension or revocation of the | ||||||
5 | license and
may be used in future considerations for renewal of | ||||||
6 | the license. The Department may authorize the payment of taxes | ||||||
7 | and fees imposed under this Act by electronic funds transfer.
| ||||||
8 | The provisions of Section 2a of the Retailers' Occupation | ||||||
9 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
10 | security are incorporated by reference
into this Act and are | ||||||
11 | applicable to licensees under this Act as a precondition
of | ||||||
12 | obtaining a license under this Act. For purposes of this Act | ||||||
13 | gross
proceeds shall be defined as all chips, scrip or other | ||||||
14 | form of play money
purchased or any fee or donation for | ||||||
15 | admission or entry into such games.
The Department shall | ||||||
16 | establish by rule the standards and criteria it will
use in | ||||||
17 | determining whether to require the furnishing of a bond or | ||||||
18 | other
security, the amount of such bond or other security, | ||||||
19 | whether to require the
furnishing of an additional bond or | ||||||
20 | other security by a licensee, and the
amount of such additional | ||||||
21 | bond or other security. Such standards and
criteria may include | ||||||
22 | payment history, general financial condition or other
factors | ||||||
23 | which may pose risks to insuring the payment to the Department | ||||||
24 | of
Revenue, of applicable taxes. Such rulemaking is subject to | ||||||
25 | the provisions
of the Illinois Administrative Procedure Act.
| ||||||
26 | The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, | ||||||
27 | 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | ||||||
28 | Occupation
Tax Act, and Sections
Section 3-7 and 3-7.5 of the | ||||||
29 | Uniform Penalty and Interest Act,
which are not inconsistent | ||||||
30 | with this Act shall apply, as far as
practicable, to the | ||||||
31 | subject matter of this Act to the same extent as if
such | ||||||
32 | provisions were included in this Act. Financial reports filed | ||||||
33 | pursuant
to this Act shall not be confidential and shall be | ||||||
34 | available for public
inspection. For the purposes of this Act, | ||||||
35 | references in such incorporated
Sections of the Retailers' | ||||||
36 | Occupation Tax Act to retailers, sellers or
persons engaged in |
| |||||||
| |||||||
1 | the business of selling tangible personal property means
| ||||||
2 | persons engaged in conducting charitable games, and references | ||||||
3 | in such
incorporated Sections of the Retailers' Occupation Tax | ||||||
4 | Act to sales of
tangible personal property mean the conducting | ||||||
5 | of charitable games and the
making of charges for playing such | ||||||
6 | games.
| ||||||
7 | All of the sums collected under this Section shall be | ||||||
8 | deposited
into the Illinois Gaming Law Enforcement Fund of the | ||||||
9 | State Treasury.
| ||||||
10 | (Source: P.A. 87-205; 87-895 .)
| ||||||
11 | (230 ILCS 30/10) (from Ch. 120, par. 1130)
| ||||||
12 | Sec. 10. Each licensee must keep a complete record of | ||||||
13 | charitable games
conducted
within the previous 5
3 years. Such | ||||||
14 | record shall be open to
inspection by
any employee of the | ||||||
15 | Department of Revenue during reasonable business
hours. Any
| ||||||
16 | employee of the Department may visit the premises and inspect | ||||||
17 | such
record
during, and for a reasonable time before and after, | ||||||
18 | charitable games.
Gross proceeds of charitable games shall be | ||||||
19 | segregated from other revenues
of the licensee, including bingo | ||||||
20 | receipts, and shall be placed in a
separate account.
| ||||||
21 | The Department may require that any person, organization or | ||||||
22 | corporation
licensed under this Act obtain from an Illinois | ||||||
23 | certified public accounting
firm at its own expense a certified | ||||||
24 | and unqualified financial statement
and verification of | ||||||
25 | records of such organization.
Failure of a charitable games | ||||||
26 | licensee to comply with this requirement within
90
days of | ||||||
27 | receiving notice from the Department may
result in suspension | ||||||
28 | or revocation of the licensee's license and forfeiture
of all | ||||||
29 | proceeds.
| ||||||
30 | The Department of Revenue shall
revoke
any license when it | ||||||
31 | finds that the licensee or any person
connected therewith
has | ||||||
32 | violated or is violating the provisions of this Act
or any rule | ||||||
33 | promulgated under this Act. However, in his or her
discretion, | ||||||
34 | the
Director may review the offenses subjecting the licensee to | ||||||
35 | revocation and
may issue a suspension. The decision to reduce a |
| |||||||
| |||||||
1 | revocation to a suspension,
and
the duration of the suspension, | ||||||
2 | shall be made by taking into account factors
that include, but | ||||||
3 | are not limited to, the licensee's previous history of
| ||||||
4 | compliance with
the Act and its rules, the number, seriousness, | ||||||
5 | and duration of the
violations,
and the licensee's cooperation | ||||||
6 | in discontinuing and correcting the violations.
Violations of | ||||||
7 | Sections 4, 5, 6, 7, and subsection (2) of Section 8 of this | ||||||
8 | Act
are considered to be more serious in nature than other | ||||||
9 | violations under this
Act. A
revocation or suspension shall be | ||||||
10 | in addition to, and not in lieu of, any other
civil penalties | ||||||
11 | or assessments that are authorized by this Act. No licensee
| ||||||
12 | under
this Act, while a charitable game is being conducted, | ||||||
13 | shall knowingly permit
the entry into any part of the licensed | ||||||
14 | premises by any person
who has been convicted of a violation of
| ||||||
15 | Article 28 of the Criminal Code of 1961.
| ||||||
16 | (Source: P.A. 88-669, eff. 11-29-94.)
|