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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:
| ||||||||||||||||||||||||
4 | Section 5. The Illinois Pull Tabs and Jar Games Act is | ||||||||||||||||||||||||
5 | amended by changing Sections 1.1, 2, 3, 4, 5, 6, and 7 and by | ||||||||||||||||||||||||
6 | adding Sections 2.1, 3.1, 3.2, 7.1, 7.2, and 7.3 as follows:
| ||||||||||||||||||||||||
7 | (230 ILCS 20/1.1) (from Ch. 120, par. 1051.1)
| ||||||||||||||||||||||||
8 | Sec. 1.1. Definitions. As used in this Act:
| ||||||||||||||||||||||||
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.
| ||||||||||||||||||||||||
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.
| ||||||||||||||||||||||||
22 | "Pull tabs and jar games", as used in this Act, does not | ||||||||||||||||||||||||
23 | include the
following: numbers, policy, bolita or similar |
| |||||||
| |||||||
1 | games, dice, slot machines,
bookmaking and wagering pools with | ||||||
2 | respect to a sporting event, or that
game commonly known as | ||||||
3 | punch boards, or any other game or activity not
expressly | ||||||
4 | defined in this Section.
| ||||||
5 | "Organization" means a corporation, agency, partnership, | ||||||
6 | association,
firm or other entity consisting of 2 or more | ||||||
7 | persons joined by a common
interest or purpose.
| ||||||
8 | "Non-profit organization" means an organization or | ||||||
9 | institution organized
and conducted on a not-for-profit basis | ||||||
10 | with no personal profit inuring to
anyone as a result of the | ||||||
11 | operation.
| ||||||
12 | "Charitable organization" means an organization or | ||||||
13 | institution organized
and operated to benefit an indefinite | ||||||
14 | number of the public.
| ||||||
15 | "Educational organization" means an organization or | ||||||
16 | institution organized
and operated to provide systematic | ||||||
17 | instruction in useful branches of
learning by methods common to | ||||||
18 | schools and institutions of learning which
compare favorably in | ||||||
19 | their scope and intensity with the course of study
presented in | ||||||
20 | tax-supported schools.
| ||||||
21 | "Religious organization" means any church, congregation, | ||||||
22 | society, or
organization founded for the purpose of religious | ||||||
23 | worship.
| ||||||
24 | "Fraternal organization" means an organization of persons , | ||||||
25 | including but
not limited to ethnic organizations, having a | ||||||
26 | common interest that is
, organized
and operated exclusively to |
| |||||||
| |||||||
1 | promote the welfare of its members and to
benefit the general | ||||||
2 | public on a continuing and consistent basis , including but
not | ||||||
3 | limited to ethnic organizations .
| ||||||
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 | "Labor organization" means an organization composed of | ||||||
11 | labor unions or
workers organized with the objective of | ||||||
12 | betterment of the conditions of
those engaged in such pursuit | ||||||
13 | and the development of a higher degree of
efficiency in their | ||||||
14 | respective occupations.
| ||||||
15 | "Youth athletic organization" means an organization having | ||||||
16 | as its
exclusive purpose the promotion and provision of | ||||||
17 | athletic activities for
youth aged 18 and under.
| ||||||
18 | "Senior citizens organization" means an organization or | ||||||
19 | association
comprised of members of which substantially all are | ||||||
20 | individuals who are
senior citizens, as defined in the Illinois | ||||||
21 | Act on the Aging, the primary
purpose of which is to promote | ||||||
22 | the welfare of its members.
| ||||||
23 | "Department" means the Department of Revenue. | ||||||
24 | "Person" means any natural individual, corporation, | ||||||
25 | partnership, limited liability company, organization, licensee | ||||||
26 | under this Act, or volunteer.
|
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| |||||||
1 | "Special permit" means a permit issued to a licensed | ||||||
2 | organization that allows it to conduct pull tabs and jar games | ||||||
3 | at other premises or on other days not exceeding 5 consecutive | ||||||
4 | days. | ||||||
5 | "Supplier" means any person, firm, or corporation that | ||||||
6 | sells, leases, lends, distributes, or otherwise provides any | ||||||
7 | pull tabs and jar games to any organization licensed to conduct | ||||||
8 | pull tabs and jar games in Illinois.
| ||||||
9 | "Volunteer" means a person recruited by the licensed | ||||||
10 | organization who voluntarily performs services at a pull tabs | ||||||
11 | or jar games event, including participation in the management | ||||||
12 | or operation of a game. | ||||||
13 | (Source: P.A. 90-536, eff. 1-1-98.)
| ||||||
14 | (230 ILCS 20/2) (from Ch. 120, par. 1052)
| ||||||
15 | Sec. 2. The Department of Revenue shall, upon application | ||||||
16 | therefor on
forms prescribed by the Department, and upon the | ||||||
17 | payment of a nonrefundable
an annual fee of
$500, and upon | ||||||
18 | determination that the applicant meets all the requirements
of | ||||||
19 | this Act, issue a license to conduct pull tabs and jar games to
| ||||||
20 | any of the following:
| ||||||
21 | (i) Any local fraternal mutual benefit organization | ||||||
22 | chartered at
least 40 years before it applies for a license | ||||||
23 | under this Act.
| ||||||
24 | (ii) Any bona fide religious, charitable, labor, | ||||||
25 | fraternal, youth
athletic, senior citizen, educational or |
| |||||||
| |||||||
1 | veterans' organization organized in
Illinois which | ||||||
2 | operates without profit to its members, which has been in
| ||||||
3 | existence in Illinois continuously for a period of 5 years | ||||||
4 | immediately before
making application for a license and | ||||||
5 | which has had during that entire 5 year
period a bona fide | ||||||
6 | membership engaged in carrying out its objects. However, | ||||||
7 | the
5 year requirement shall be reduced to 2 years, as | ||||||
8 | applied to a local
organization which is affiliated with | ||||||
9 | and chartered by a national organization
which meets the 5 | ||||||
10 | year requirement.
| ||||||
11 | Each license issued shall be in effect for one year from | ||||||
12 | its date of issuance unless extended, suspended, or revoked by | ||||||
13 | Department action before that date. The Department may provide | ||||||
14 | by rule for an extension of any pull tabs and jar games license | ||||||
15 | issued under this Act. Any extension provided shall not exceed | ||||||
16 | one year. A licensee may hold only one license and that license | ||||||
17 | is valid for only one location unless a special permit, as | ||||||
18 | authorized in subsection (6) of Section 3, is issued. The | ||||||
19 | Department may authorize by rule the filing by electronic means | ||||||
20 | of any application, license, permit, return, or registration | ||||||
21 | required under this Act.
| ||||||
22 | All taxes and fees imposed by this Act, unless otherwise | ||||||
23 | specified, shall be paid into the General Revenue Fund of the | ||||||
24 | State Treasury.
| ||||||
25 | Each license expires at midnight, June 30, following its | ||||||
26 | date of
issuance, except that, beginning with applicants whose |
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1 | licenses expire on
June 30, 1990, the Department shall stagger | ||||||||||||||||||||||||||
2 | license expiration dates by
dividing the applicants into 4 | ||||||||||||||||||||||||||
3 | groups which are substantially equal in
number. Licenses issued | ||||||||||||||||||||||||||
4 | and license fees charged to applicants in each
group shall be | ||||||||||||||||||||||||||
5 | in accordance with the following schedule:
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11 | Following expiration under this schedule, each renewed | ||||||||||||||||||||||||||
12 | license shall be
in effect for one year from its date of | ||||||||||||||||||||||||||
13 | issuance unless suspended or
revoked by Department action | ||||||||||||||||||||||||||
14 | before that date. After June 30, 1990, every
new license shall | ||||||||||||||||||||||||||
15 | expire one year from the date of issuance unless suspended
or | ||||||||||||||||||||||||||
16 | revoked. A licensee may hold only one license and that license | ||||||||||||||||||||||||||
17 | is valid for
only one location.
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18 | The following are ineligible for any license under this | ||||||||||||||||||||||||||
19 | Act:
| ||||||||||||||||||||||||||
20 | (a) any person who has been convicted of a felony within 10 | ||||||||||||||||||||||||||
21 | years of the
date of the application;
| ||||||||||||||||||||||||||
22 | (b) any person who has been convicted of a violation of | ||||||||||||||||||||||||||
23 | Article 28 of
the "Criminal Code of 1961";
| ||||||||||||||||||||||||||
24 | (c) any person who has had a pull tabs and jar games, bingo | ||||||||||||||||||||||||||
25 | or
charitable games license revoked by the Department;
| ||||||||||||||||||||||||||
26 | (d) any person who is or has been a professional gambler;
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| |||||||
| |||||||
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 20/2.1 new)
| ||||||
15 | Sec. 2.1. Ineligibility for a license. The following are | ||||||
16 | ineligible for any license under this Act:
| ||||||
17 | (1) Any person who has been convicted of a felony | ||||||
18 | within the last 10 years prior to the
date of the | ||||||
19 | application.
| ||||||
20 | (2) Any person who has been convicted of a violation of | ||||||
21 | Article 28 of
the Criminal Code of 1961.
| ||||||
22 | (3) Any person who has had a bingo, pull tabs and jar | ||||||
23 | games, or
charitable games license revoked by the | ||||||
24 | Department.
| ||||||
25 | (4) Any person who is or has been a professional |
| |||||||
| |||||||
1 | gambler.
| ||||||
2 | (5) Any person found gambling in a manner not | ||||||
3 | authorized by the Illinois Pull Tabs and Jar Games Act, the | ||||||
4 | Bingo License and Tax Act, or the Charitable Games Act, | ||||||
5 | participating in such gambling, or knowingly permitting | ||||||
6 | such gambling on premises where pull tabs and jar games are | ||||||
7 | authorized to be conducted.
| ||||||
8 | (6) Any firm or corporation in which a person defined | ||||||
9 | in (1), (2), (3), (4),
or (5) has any proprietary, | ||||||
10 | equitable, or credit interest or in which such
person is | ||||||
11 | active or employed.
| ||||||
12 | (7) Any organization in which a person defined in (1), | ||||||
13 | (2), (3), (4), or (5)
is an officer, director, or employee, | ||||||
14 | whether compensated or not.
| ||||||
15 | (8) Any organization in which a person defined in (1), | ||||||
16 | (2), (3), (4), or (5)
is to participate in the management | ||||||
17 | or operation of pull tabs and jar games.
| ||||||
18 | The Department of State Police shall provide the criminal | ||||||
19 | background of
any supplier as requested by the Department of | ||||||
20 | Revenue.
| ||||||
21 | (230 ILCS 20/3) (from Ch. 120, par. 1053)
| ||||||
22 | Sec. 3. Licensing for the conducting of pull tabs and jar | ||||||
23 | games is
subject to the following restrictions:
| ||||||
24 | (1) The license application, when submitted to the | ||||||
25 | Department of Revenue,
shall contain a sworn statement |
| |||||||
| |||||||
1 | attesting to the not-for-profit character
of the prospective | ||||||
2 | licensee organization and shall be signed by a person listed on | ||||||
3 | the application as an owner, officer, or other person in charge | ||||||
4 | of the necessary day-to-day operations
the
presiding officer | ||||||
5 | and the secretary of that organization.
| ||||||
6 | (2) The license application shall be prepared in accordance | ||||||
7 | with the
rules of the Department of Revenue.
| ||||||
8 | (3) The licensee shall prominently display the license in | ||||||
9 | the area where
the licensee conducts pull tabs and jar games. | ||||||
10 | The licensee shall likewise display, in the form and manner as | ||||||
11 | prescribed by the Department, the provisions of Section 4 of | ||||||
12 | this Act.
| ||||||
13 | (4) Each license shall state the location at which the | ||||||
14 | licensee is
permitted to conduct pull tabs and jar games. The | ||||||
15 | Department
may, on special application made by a licensed | ||||||
16 | organization, issue a
special permit to conduct a single pull | ||||||
17 | tabs or jar games event at another
location. A special
permit | ||||||
18 | shall be displayed at the site of any pull tabs or jar games
| ||||||
19 | authorized by such permit.
| ||||||
20 | (4.1) A license is not assignable or transferable.
| ||||||
21 | (4.2) The Department may, on special application made by | ||||||
22 | any organization having a pull tabs and jar games license, | ||||||
23 | issue a special permit for conducting pull tabs and jar games | ||||||
24 | at other premises and on other days not exceeding 5 consecutive | ||||||
25 | days, except that a licensee may conduct pull tabs and jar | ||||||
26 | games at the Illinois State Fair or any county fair held in |
| |||||||
| |||||||
1 | Illinois during each day that the fair is held, without a fee. | ||||||
2 | Such pull tabs and jar games conducted at the Illinois State | ||||||
3 | Fair or a county fair shall not require a special permit. No | ||||||
4 | more than 2 special permits may be issued in one year to any | ||||||
5 | one organization.
| ||||||
6 | (5) Any organization qualified for a license but not | ||||||
7 | holding one, may
upon application and payment of a | ||||||
8 | nonrefundable fee of $50 receive a limited license
special | ||||||
9 | permit to
conduct pull tabs or jar games at no more than 2 | ||||||
10 | indoor or outdoor
festivals in a year for a maximum of 5 | ||||||
11 | consecutive days on each occasion. No more than 2 limited | ||||||
12 | licenses
permits
under this subsection may be issued to any | ||||||
13 | organization in any year. The limited license shall be | ||||||
14 | prominently displayed at the site where pull tabs or jar games | ||||||
15 | are sold.
| ||||||
16 | (Source: P.A. 86-703.)
| ||||||
17 | (230 ILCS 20/3.1 new)
| ||||||
18 | Sec. 3.1. Suppliers' license. The Department shall issue a | ||||||
19 | suppliers' license permitting a person, firm or corporation to | ||||||
20 | sell or distribute to any organization licensed to conduct pull | ||||||
21 | tabs and jar games supplies, devices or other equipment | ||||||
22 | designed for use in the playing of pull tabs and jar games. No | ||||||
23 | person, firm or corporation shall sell or distribute pull tabs | ||||||
24 | and jar games supplies without having first obtained a license. | ||||||
25 | Licensed suppliers shall buy pull tabs and jar games only from |
| |||||||
| |||||||
1 | licensed manufacturers and shall sell pull tabs and jar games | ||||||
2 | only to licensed organizations. Licensed organizations shall | ||||||
3 | buy pull tabs and jar games only from licensed suppliers. | ||||||
4 | Applications for suppliers' licenses shall be made in writing | ||||||
5 | in accordance with Department rules. The Department shall | ||||||
6 | license suppliers of pull tabs and jar games subject to a | ||||||
7 | nonrefundable annual fee of $5,000, or a nonrefundable | ||||||
8 | triennial supplier's fee of $15,000. Each suppliers' license is | ||||||
9 | valid for one year from date of issuance, or 3 years from date | ||||||
10 | of issuance for a triennial license, unless extended, | ||||||
11 | suspended, or revoked by Department action before that date. | ||||||
12 | Any extension of a suppliers' license shall not exceed one | ||||||
13 | year. No licensed supplier under this Act shall sell, | ||||||
14 | distribute or allow the use of any supplies, devices or | ||||||
15 | equipment designed for use in the play of pull tabs and jar | ||||||
16 | games for the conducting of anything other than pull tabs and | ||||||
17 | jar games or to any person or organization not otherwise | ||||||
18 | licensed under this Act. | ||||||
19 | The Department shall adopt by rule minimum quality | ||||||
20 | production standards for pull tabs and jar games. In | ||||||
21 | determining those standards, the Department shall consider the | ||||||
22 | standards adopted by the National Association of Gambling | ||||||
23 | Regulatory Agencies and the National Association of | ||||||
24 | Fundraising Ticket Manufacturers. The standards shall include | ||||||
25 | the name of the supplier which shall appear in plain view to | ||||||
26 | the casual observer on the face side of each pull tab ticket |
| |||||||
| |||||||
1 | and on each jar game ticket. The pull tab ticket shall contain | ||||||
2 | the name of the game, the selling price of the ticket, the | ||||||
3 | amount of the prize and the serial number of the ticket. The | ||||||
4 | back side of a pull tab ticket shall contain a series of | ||||||
5 | perforated tabs marked "open here". The logo of the | ||||||
6 | manufacturer shall be clearly visible on each jar game ticket. | ||||||
7 | (230 ILCS 20/3.2 new)
| ||||||
8 | Sec. 3.2. Manufacturers' license. The Department shall | ||||||
9 | issue a manufacturers' license permitting a person, firm or | ||||||
10 | corporation that produces, creates, constructs, assembles or | ||||||
11 | otherwise manufactures pull tab and jar games to sell or | ||||||
12 | distribute to any organization licensed to supply pull tabs and | ||||||
13 | jar games. No person, firm or corporation shall produce, | ||||||
14 | create, construct, assemble or otherwise manufacture pull tab | ||||||
15 | and jar games without having first obtained a license. Licensed | ||||||
16 | manufacturers may sell pull tabs and jar games only to licensed | ||||||
17 | suppliers. Applications for manufacturers' licenses shall be | ||||||
18 | made in writing in accordance with Department rules. The | ||||||
19 | Department of Revenue shall license manufacturers of pull tabs | ||||||
20 | and jar games subject to a nonrefundable annual fee of $5,000, | ||||||
21 | or a triennial supplier's license fee of $15,000. Each | ||||||
22 | manufacturers' license is valid for one year from date of | ||||||
23 | issuance, or 3 years from date of issuance for a triennial | ||||||
24 | license, unless extended, suspended, or revoked by Department | ||||||
25 | action before that date. Any extension of a manufacturers' |
| |||||||
| |||||||
1 | license shall not exceed one year. | ||||||
2 | The Department shall adopt by rule minimum quality | ||||||
3 | production standards for pull tabs and jar games. In | ||||||
4 | determining those standards, the Department shall consider the | ||||||
5 | standards adopted by the National Association of Gambling | ||||||
6 | Regulatory Agencies and the National Association of | ||||||
7 | Fundraising Ticket Manufacturers. The standards shall include | ||||||
8 | the name of the supplier which shall appear in plain view to | ||||||
9 | the casual observer on the face side of each pull tab ticket | ||||||
10 | and on each jar game ticket. The pull tab ticket shall contain | ||||||
11 | the name of the game, the selling price of the ticket, the | ||||||
12 | amount of the prize and the serial number of the ticket. The | ||||||
13 | back side of a pull tab ticket shall contain a series of | ||||||
14 | perforated tabs marked "open here". The logo of the | ||||||
15 | manufacturer shall be clearly visible on each jar game ticket.
| ||||||
16 | (230 ILCS 20/4) (from Ch. 120, par. 1054)
| ||||||
17 | Sec. 4. The conducting of pull tabs and jar games is | ||||||
18 | subject to the
following restrictions:
| ||||||
19 | (1) The entire net proceeds of any pull tabs or jar games, | ||||||
20 | except as
otherwise approved in this Act, must be exclusively | ||||||
21 | devoted to the lawful
purposes of the organization permitted to | ||||||
22 | conduct such drawings.
| ||||||
23 | (2) No person except a bona fide member or employee of the | ||||||
24 | sponsoring
organization may participate in the management or | ||||||
25 | operation of such pull
tabs or jar games; however, nothing |
| |||||||
| |||||||
1 | herein shall conflict with pull tabs
and jar games conducted | ||||||
2 | under the provisions of the Charitable Games Act.
| ||||||
3 | (3) No person may receive any remuneration or profit for | ||||||
4 | participating
in the management or operation of such pull tabs | ||||||
5 | or jar games; however,
nothing herein shall conflict with pull | ||||||
6 | tabs and jar games conducted under
the provisions of the | ||||||
7 | Charitable Games Act.
| ||||||
8 | (4) The price paid for a single chance or right to | ||||||
9 | participate in a game
licensed under this Act shall not exceed | ||||||
10 | $2. No single prize shall exceed $500. There shall be no more | ||||||
11 | than 6,000 tickets in a game. The aggregate value of
all
prizes | ||||||
12 | or merchandise awarded in any single day of pull tabs and jar | ||||||
13 | games
shall not exceed $5,000 , except that in adjoining | ||||||
14 | counties
having 200,000
to 275,000 inhabitants each, and in | ||||||
15 | counties which are adjacent to either
of such adjoining | ||||||
16 | counties and are adjacent to total of not more than 2
counties | ||||||
17 | in this State, the value of all prizes or merchandise awarded | ||||||
18 | may
not exceed $5,000 in a single day .
| ||||||
19 | (5) No person under the age of 18 years shall play or | ||||||
20 | participate in
games under this Act. A person under the age of | ||||||
21 | 18 years may be within the
area where pull tabs and jar games | ||||||
22 | are being conducted only when
accompanied by his parent or | ||||||
23 | guardian.
| ||||||
24 | (6) Pull tabs and jar games shall be conducted only on | ||||||
25 | premises owned or
occupied by licensed organizations and used | ||||||
26 | by its members for general
activities, or on premises owned or |
| |||||||
| |||||||
1 | rented for conducting the game of
bingo, or as permitted in | ||||||
2 | subsection (4) of Section 3.
| ||||||
3 | (Source: P.A. 90-536, eff. 1-1-98; 90-808, eff. 12-1-98.)
| ||||||
4 | (230 ILCS 20/5) (from Ch. 120, par. 1055)
| ||||||
5 | Sec. 5. There shall be paid to the Department of Revenue 5% | ||||||
6 | of the
gross proceeds of any pull tabs and jar games conducted
| ||||||
7 | under this Act. Such payments shall be made 4 times per year, | ||||||
8 | between the
first and the 20th day of April, July, October and | ||||||
9 | January. Payment must
be made by money order or certified | ||||||
10 | check. Accompanying each payment shall
be a return, on forms | ||||||
11 | prescribed by the Department of Revenue
report, on forms | ||||||
12 | provided by the Department of Revenue, listing the
number of | ||||||
13 | drawings conducted, the gross income derived therefrom and such
| ||||||
14 | other information as the Department of Revenue may require . | ||||||
15 | Failure to
submit either the payment or the return
report
| ||||||
16 | within the specified time shall
result in suspension or
| ||||||
17 | automatic revocation of the license. Tax returns filed pursuant | ||||||
18 | to this Act shall not be confidential and shall be available | ||||||
19 | for public inspection. All payments made to the
Department of | ||||||
20 | Revenue under this Act shall be deposited as follows:
| ||||||
21 | (a) 50% shall be deposited in the Common School Fund; and
| ||||||
22 | (b) 50% shall be deposited in the Illinois Gaming Law | ||||||
23 | Enforcement Fund.
Of the monies deposited in the Illinois | ||||||
24 | Gaming Law Enforcement Fund under
this Section, the General | ||||||
25 | Assembly shall appropriate two-thirds to the
Department of |
| |||||||
| |||||||
1 | Revenue, Department of State Police and the Office of the
| ||||||
2 | Attorney General for State law enforcement purposes, and | ||||||
3 | one-third shall be
appropriated to the Department of Revenue | ||||||
4 | for the purpose of distribution
in the form of grants to | ||||||
5 | counties or municipalities for law enforcement
purposes. The | ||||||
6 | amounts of grants to counties or municipalities shall bear
the | ||||||
7 | same ratio as the number of licenses issued in counties or
| ||||||
8 | municipalities bears to the total number of licenses issued in | ||||||
9 | the State.
In computing the number of licenses issued in a | ||||||
10 | county, licenses issued for
locations within a municipality's | ||||||
11 | boundaries shall be excluded.
| ||||||
12 | The Department of Revenue shall license suppliers and | ||||||
13 | manufacturers of
pull tabs and jar games at an annual fee of | ||||||
14 | $5,000. Suppliers and
manufacturers shall meet the | ||||||
15 | requirements and qualifications established by
rule by the | ||||||
16 | Department. Licensed manufacturers shall sell pull tabs and
jar | ||||||
17 | games only to licensed suppliers. Licensed suppliers shall buy | ||||||
18 | pull
tabs and jar games only from licensed manufacturers and | ||||||
19 | shall sell pull
tabs and jar games only to licensed | ||||||
20 | organizations. Licensed organizations
shall buy pull tabs and | ||||||
21 | jar games only from licensed suppliers.
| ||||||
22 | The Department of Revenue shall adopt by rule minimum | ||||||
23 | quality production
standards for pull tabs and jar games. In | ||||||
24 | determining such standards, the
Department shall consider the | ||||||
25 | standards adopted by the National Association
of Gambling | ||||||
26 | Regulatory Agencies and the National Association of |
| |||||||
| |||||||
1 | Fundraising
Ticket Manufacturers. Such standards shall include | ||||||
2 | the name of the supplier
which shall appear in plain view to | ||||||
3 | the casual observer on the face side of
each pull tab ticket | ||||||
4 | and on each jar game ticket. The pull tab
ticket shall contain | ||||||
5 | the name of the game, the selling price of the ticket,
the | ||||||
6 | amount of the prize and the serial number of the ticket. The | ||||||
7 | back side
of a pull tab ticket shall contain a series of | ||||||
8 | perforated tabs marked "open
here". The logo of the | ||||||
9 | manufacturer shall be clearly
visible on each jar game ticket.
| ||||||
10 | The Department of Revenue shall adopt rules necessary to | ||||||
11 | provide for the
proper accounting and control of activities | ||||||
12 | under this Act, to ensure that
the proper taxes are paid, that | ||||||
13 | the proceeds from the activities under this
Act are used | ||||||
14 | lawfully, and to prevent illegal activity associated with the
| ||||||
15 | use of pull tabs and jar games.
| ||||||
16 | The provisions of Section 2a of the Retailers' Occupation | ||||||
17 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
18 | security are incorporated by reference
into this Act and are | ||||||
19 | applicable to licensees under this Act as a precondition
of | ||||||
20 | obtaining a license under this Act. The provisions of Sections | ||||||
21 | 4, 5,
5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, | ||||||
22 | 9, 10, 11 and
12 of the Retailers' Occupation Tax Act, and | ||||||
23 | Section 3-7
of the Uniform Penalty and Interest Act, which are | ||||||
24 | not inconsistent
with this Act shall apply, as far as | ||||||
25 | practicable, to the subject matter
of this Act to the same | ||||||
26 | extent as if such provisions were included in this
Act. For the |
| |||||||
| |||||||
1 | purposes of this Act, references in such incorporated Sections
| ||||||
2 | of the Retailers' Occupation Tax Act to retailers, sellers or | ||||||
3 | persons
engaged in the business of selling tangible personal | ||||||
4 | property means persons
engaged in conducting pull tabs and jar | ||||||
5 | games and references in such
incorporated Sections of the | ||||||
6 | Retailers' Occupation Tax Act to sales of
tangible personal | ||||||
7 | property mean the conducting of pull tabs and jar games
and the | ||||||
8 | making of charges for participating in such drawings.
| ||||||
9 | (Source: P.A. 87-205; 87-895 .)
| ||||||
10 | (230 ILCS 20/6) (from Ch. 120, par. 1056)
| ||||||
11 | Sec. 6. Each licensee must keep a complete record of pull | ||||||
12 | tabs and jar
games conducted within the previous 3 years in | ||||||
13 | accordance with rules
therefor adopted by the Department of | ||||||
14 | Revenue . Such record shall be available for
inspection by any | ||||||
15 | employee of the Department of Revenue during reasonable
| ||||||
16 | business hours. The Department may require that any person, | ||||||
17 | organization, or corporation licensed under this Act obtain | ||||||
18 | from an Illinois certified public accounting firm at its own | ||||||
19 | expense a certified and unqualified financial statement and | ||||||
20 | verification of records of such organization. Failure of a pull | ||||||
21 | tabs and jar games licensee to comply with this requirement | ||||||
22 | within 90 days of receiving notice from the Department may | ||||||
23 | result in suspension or revocation of the licensee's license.
| ||||||
24 | The Department of Revenue may, at its discretion, suspend or
| ||||||
25 | revoke
any license if it finds that the licensee or any person |
| |||||||
| |||||||
1 | connected therewith
has violated or is violating this Act or | ||||||
2 | that such drawings are or have
been conducted by a person or | ||||||
3 | persons of questionable character or affiliation .
A suspension | ||||||
4 | or revocation shall be in addition to, and not in lieu of, any | ||||||
5 | other civil penalties or assessments that are authorized by | ||||||
6 | this Act. No licensee under this Act, while pull tabs and jar | ||||||
7 | games chances are being
conducted, shall knowingly permit entry | ||||||
8 | to any part of the licensed premises
by
to any person
who has | ||||||
9 | been convicted
of a felony or a violation of Article 28 of the | ||||||
10 | Criminal Code of 1961.
| ||||||
11 | (Source: P.A. 85-1012.)
| ||||||
12 | (230 ILCS 20/7) (from Ch. 120, par. 1057)
| ||||||
13 | Sec. 7. Violations.
| ||||||
14 | (a) Any person who conducts or knowingly participates in an | ||||||
15 | unlicensed pull tabs and jar game commits the offense of | ||||||
16 | gambling in violation of Section 28 1 of the Criminal Code of | ||||||
17 | 1961, as amended. Any person who violates any other provision | ||||||
18 | of this Act, or any person who knowingly fails to file a pull | ||||||
19 | tabs and jar games return or who knowingly files a fraudulent | ||||||
20 | application or return under this Act, or any person who | ||||||
21 | wilfully violates any rule or regulation of the Department for | ||||||
22 | the administration and enforcement of this Act, or any officer | ||||||
23 | or agent of an organization licensed under this Act who signs a | ||||||
24 | fraudulent application or return filed on behalf of such an | ||||||
25 | organization, is guilty of a Class A misdemeanor. |
| |||||||
| |||||||
1 | (b) Any organization that illegally conducts pull tabs or | ||||||
2 | jar games, in addition to other penalties provided for in this | ||||||
3 | Act, shall be subject to a civil penalty equal to the amount of | ||||||
4 | gross proceeds derived from those unlicensed games, as well as | ||||||
5 | confiscation and forfeiture of all pull tabs and jar games | ||||||
6 | equipment used in the conduct of those unlicensed games. | ||||||
7 | (c) Any organization licensed to conduct pull tabs and jar | ||||||
8 | games which allows any form of illegal gambling to be conducted | ||||||
9 | on the premises where pull tabs and jar games are being | ||||||
10 | conducted, in addition to other penalties provided for in this | ||||||
11 | Act, shall be subject to a civil penalty equal to the amount of | ||||||
12 | gross proceeds derived on that day from pull tabs and jar games | ||||||
13 | and any illegal game that may have been conducted, as well as | ||||||
14 | confiscation and forfeiture of all pull tabs and jar games | ||||||
15 | equipment used in the conduct of any unlicensed or illegal | ||||||
16 | games.
Any person who violates this Act, or any person
who | ||||||
17 | files a fraudulent return under this Act, or any person who | ||||||
18 | wilfully
violates any rule or regulation of the Department for | ||||||
19 | the administration
and enforcement of this Act, or any officer | ||||||
20 | or agent of a corporation licensed
under this Act who signs a | ||||||
21 | fraudulent return filed on behalf of such corporation,
is | ||||||
22 | guilty of a Class A misdemeanor.
| ||||||
23 | (Source: P.A. 85-1012.)
| ||||||
24 | (230 ILCS 20/7.1 new)
| ||||||
25 | Sec. 7.1. Law enforcement action. Any law enforcement |
| |||||||
| |||||||
1 | agency that takes action relating to the operation of pull tabs | ||||||
2 | and jar games shall notify the Department of Revenue and | ||||||
3 | specify the extent of the action taken and the reasons for its | ||||||
4 | action. | ||||||
5 | (230 ILCS 20/7.2 new)
| ||||||
6 | Sec. 7.2. Application of the Illinois Administrative | ||||||
7 | Procedure Act. The Illinois Administrative Procedure Act shall | ||||||
8 | apply to all administrative rules and procedures of the | ||||||
9 | Department of Revenue under this Act, except that (1) paragraph | ||||||
10 | (b) of Section 5-10 of the Illinois Administrative Procedure | ||||||
11 | Act does not apply to final orders, decisions and opinions of | ||||||
12 | the Department, (2) subparagraph (a)(ii) of Section 5-10 of the | ||||||
13 | Illinois Administrative Procedure Act does not apply to forms | ||||||
14 | established by the Department for use under this Act, (3) the | ||||||
15 | provisions of Section 10-45 of the Illinois Administrative | ||||||
16 | Procedure Act regarding proposals for decision are excluded and | ||||||
17 | not applicable to the Department under this Act, and (4) the | ||||||
18 | provisions of subsection (d) of Section 10-65 of the Illinois | ||||||
19 | Administrative Procedure Act do not apply so as to prevent | ||||||
20 | summary suspension of any license pending revocation or other | ||||||
21 | action, which suspension shall remain in effect unless modified | ||||||
22 | by the Department or unless the Department's decision is | ||||||
23 | reversed on the merits in proceedings conducted pursuant to the | ||||||
24 | Administrative Review Law. |
| |||||||
| |||||||
1 | (230 ILCS 20/7.3 new)
| ||||||
2 | Sec. 7.3. Severability. If any clause, sentence, Section, | ||||||
3 | provision, or part of this Act, or the application thereof to | ||||||
4 | any person or circumstance, shall be adjudged to be | ||||||
5 | unconstitutional, the remainder of this Act or its application | ||||||
6 | to persons or circumstances other than those to which it is | ||||||
7 | held invalid shall not be affected thereby.
| ||||||
8 | Section 10. The Bingo License and Tax Act is amended by | ||||||
9 | changing Sections 1, 2, 3, 4, 5, and 5.1 and by adding Section | ||||||
10 | 1.1, 1.2, 1.3, 1.4, 1.5, and 5.2 as follows: | ||||||
11 | (230 ILCS 25/1) (from Ch. 120, par. 1101)
| ||||||
12 | Sec. 1. The Department of Revenue shall, upon application | ||||||
13 | therefor on
forms prescribed by the
such Department, and upon | ||||||
14 | the payment of a nonrefundable
an
annual fee
of $200 or a | ||||||
15 | triennial fee of $600 , and
upon a determination by the
| ||||||
16 | Department that the applicant meets
all of the qualifications | ||||||
17 | specified in this Act
Section , issue a bingo license for
the | ||||||
18 | conducting of bingo to any of the following: any bona fide | ||||||
19 | religious, charitable, labor,
fraternal, youth athletic, | ||||||
20 | senior citizen, educational or veterans'
organization | ||||||
21 | organized in Illinois which operates without profit to its
| ||||||
22 | members, which has been in existence in Illinois continuously | ||||||
23 | for a period
of 5 years immediately before making application | ||||||
24 | for a license and which
has had during that entire 5 year |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | period a bona fide membership engaged in
carrying out its | ||||||||||||||||||||||||||
2 | objects. However, the 5 year requirement shall be
reduced to 2 | ||||||||||||||||||||||||||
3 | years, as applied to a local organization which is affiliated
| ||||||||||||||||||||||||||
4 | with and chartered by a national organization which meets the 5 | ||||||||||||||||||||||||||
5 | year
requirement. Each annual license expires at midnight, June | ||||||||||||||||||||||||||
6 | 30 following
its date
of issuance, except that, beginning with | ||||||||||||||||||||||||||
7 | applicants whose licenses expire
on June 30, 1983, the | ||||||||||||||||||||||||||
8 | Department shall stagger license expiration dates by
dividing | ||||||||||||||||||||||||||
9 | the applicants into 4 groups which are substantially equal in
| ||||||||||||||||||||||||||
10 | number. Licenses issued and license fees charged to applicants | ||||||||||||||||||||||||||
11 | in each
group shall be in accordance with the following | ||||||||||||||||||||||||||
12 | schedule:
| ||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
18 | Each
Following expiration under this schedule, each renewed
| ||||||||||||||||||||||||||
19 | license shall be
in effect for one year from its date of | ||||||||||||||||||||||||||
20 | issuance unless extended, suspended , or revoked
by Department | ||||||||||||||||||||||||||
21 | action before that date. The Department may provide by rule for | ||||||||||||||||||||||||||
22 | an extension of any bingo license issued under this Act. Any | ||||||||||||||||||||||||||
23 | extension provided shall not exceed one year. A licensee may | ||||||||||||||||||||||||||
24 | hold only one license to conduct bingo and that license is | ||||||||||||||||||||||||||
25 | valid for only one location. The Department may authorize by | ||||||||||||||||||||||||||
26 | rule the filing by electronic means of any application, |
| |||||||
| |||||||
1 | license, permit, return, or registration required under this | ||||||
2 | Act. All taxes and fees imposed by this Act, unless otherwise | ||||||
3 | specified, shall be paid into the General Revenue Fund of the | ||||||
4 | State Treasury.
After June 30, 1983, every new
annual license | ||||||
5 | shall expire one year from the date of issuance unless
| ||||||
6 | suspended or
revoked and every new triennial license issued or | ||||||
7 | renewed on or after July
1, 2004 shall be in
effect for 3 years | ||||||
8 | from its date of issuance unless suspended or revoked by
| ||||||
9 | Department action before that date. A licensee may hold only | ||||||
10 | one license and
that license is valid
for only one location.
| ||||||
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
|
| |||||||
| |||||||
1 | of religious worship. "Fraternal organization": An | ||||||
2 | organization of persons,
including but not limited to ethnic | ||||||
3 | organizations, having a common
interest, organized and | ||||||
4 | operated exclusively to promote the welfare of its
members and | ||||||
5 | to benefit the general public on a continuing and consistent
| ||||||
6 | basis. "Veterans organization": An organization comprised of | ||||||
7 | members of
which substantially all are individuals who are | ||||||
8 | veterans or spouses,
widows, or widowers of veterans, the | ||||||
9 | primary purpose of which is to promote
the welfare of its | ||||||
10 | members and to provide assistance to the general public
in such | ||||||
11 | a way as to confer a public benefit. "Labor organization": An
| ||||||
12 | organization composed of labor unions or workers organized with | ||||||
13 | the
objective of betterment of the conditions of those engaged | ||||||
14 | in such pursuit
and the development of a higher degree of | ||||||
15 | efficiency in their respective
occupations. "Youth athletic | ||||||
16 | organization": An organization having as its
exclusive purpose | ||||||
17 | the promotion and provision of athletic activities for
youth | ||||||
18 | aged 18 and under. "Senior citizens organization": An | ||||||
19 | organization
or association comprised of members of which | ||||||
20 | substantially all are
individuals who are senior citizens, as | ||||||
21 | defined in Section 3.05 of the
Illinois Act on the Aging, the | ||||||
22 | primary purpose of which is to promote the
welfare of its | ||||||
23 | members.
| ||||||
24 | Licensing for the conducting of bingo is subject to the | ||||||
25 | following
restrictions:
| ||||||
26 | (1) The license application, when submitted to the |
| |||||||
| |||||||
1 | Department of Revenue,
must contain a sworn statement | ||||||
2 | attesting to the not-for-profit character
of the | ||||||
3 | prospective licensee organization, signed by the presiding | ||||||
4 | officer
and the secretary of that organization.
| ||||||
5 | (2) The application for license shall be prepared in | ||||||
6 | accordance with the
rules of the Department of Revenue.
| ||||||
7 | (3) Each license shall state which day of the week and | ||||||
8 | at what location
the licensee is permitted to conduct | ||||||
9 | bingo. The Department may, on special
application made by | ||||||
10 | any organization having a bingo license, issue a special
| ||||||
11 | operator's permit for conducting bingo at other premises | ||||||
12 | and on other days
not exceeding 7 consecutive days, except | ||||||
13 | that a licensee may conduct bingo
at the Illinois State | ||||||
14 | Fair or any county fair held in Illinois during each
day | ||||||
15 | that the fair is in effect; such bingo games conducted at | ||||||
16 | the Illinois
State Fair or a county fair shall not require | ||||||
17 | a special operator's permit.
No more than 2 special | ||||||
18 | operator's permits may be issued in one year to any
one | ||||||
19 | organization. Any organization, qualified for a license | ||||||
20 | but not
holding one, upon application and payment of a $50 | ||||||
21 | fee may receive a
limited license to conduct bingo at no | ||||||
22 | more than 2 indoor or outdoor
festivals in a year for a | ||||||
23 | maximum of 5 days on each occasion or, upon
application and | ||||||
24 | payment of a $150 fee, may receive a limited license to | ||||||
25 | conduct
bingo at no more than 2 indoor or outdoor festivals | ||||||
26 | in a year for up to 3 years
for a maximum of 5 days on each |
| |||||||
| |||||||
1 | occasion. Such limited
license shall be prominently | ||||||
2 | displayed at the site of the bingo games.
| ||||||
3 | (4) The licensee shall display a license in a prominent | ||||||
4 | place in the area
where it is to conduct bingo.
| ||||||
5 | (5) The proceeds from the license fee imposed by this | ||||||
6 | Act shall be paid
into the General Revenue Fund of the | ||||||
7 | State Treasury.
| ||||||
8 | (6) A license authorizes the licensee to conduct the | ||||||
9 | game commonly known
as bingo, in which prizes are awarded | ||||||
10 | on the basis of designated numbers
or symbols on a card | ||||||
11 | conforming to numbers or symbols selected at random.
| ||||||
12 | (7) The Director has the power to issue or to refuse to | ||||||
13 | issue a license
permitting a person, firm or corporation to | ||||||
14 | provide premises for the
conduct of bingo; provided, | ||||||
15 | however, that a municipality shall not be
required to | ||||||
16 | obtain a license to provide such premises. The fee for such
| ||||||
17 | providers' license is $200. A person, firm or corporation | ||||||
18 | holding such a
license may receive reasonable expenses for | ||||||
19 | providing premises for
conducting bingo. Reasonable | ||||||
20 | expenses shall include only those expenses
defined as | ||||||
21 | reasonable by rules promulgated by the Department.
| ||||||
22 | (8) The Department may issue restricted licenses to | ||||||
23 | senior citizens
organizations. The fee for a restricted | ||||||
24 | license is $10 per year
or $30 for 3 years. Restricted | ||||||
25 | licenses shall be subject to the following
conditions:
| ||||||
26 | (A) Bingo shall be conducted only at a facility |
| |||||||
| |||||||
1 | which is owned by a unit
of local government to which | ||||||
2 | the corporate authorities have given their
approval | ||||||
3 | and which is used to provide social services or a
| ||||||
4 | meeting place to senior citizens, or in common areas in | ||||||
5 | multi-unit federally
assisted rental housing | ||||||
6 | maintained solely for the elderly and handicapped;
| ||||||
7 | (B) The price paid for a single card shall not | ||||||
8 | exceed 5 cents;
| ||||||
9 | (C) The aggregate retail value of all prizes or | ||||||
10 | merchandise awarded in
any one game of bingo shall not | ||||||
11 | exceed $1;
| ||||||
12 | (D) No person or organization shall participate in | ||||||
13 | the management or
operation of bingo under a restricted | ||||||
14 | license if the person or organization
would be | ||||||
15 | ineligible for a license under this Section;
| ||||||
16 | (E) No license is required to provide premises for | ||||||
17 | bingo conducted under
a restricted license; and
| ||||||
18 | (F) The Department may, by rule, exempt restricted | ||||||
19 | licensees from such
requirements of this Act as the | ||||||
20 | Department may deem appropriate.
| ||||||
21 | The Director has the power to issue a license permitting an | ||||||
22 | Illinois person,
firm or corporation to sell, lease or | ||||||
23 | distribute to any organization licensed
to conduct bingo games | ||||||
24 | or to any licensed bingo supplier all cards, boards,
sheets, | ||||||
25 | markers, pads and all other supplies, devices and equipment
| ||||||
26 | designed for use in the play of bingo. No person, firm or |
| |||||||
| |||||||
1 | corporation shall
sell, lease or distribute bingo supplies or | ||||||
2 | equipment without having first
obtained a license therefor upon | ||||||
3 | written application made, verified and
filed with the | ||||||
4 | Department in the form prescribed by the rules and
regulations | ||||||
5 | of the Department. The fee for such license is $200.
| ||||||
6 | Applications for providers' and suppliers' licenses shall | ||||||
7 | be made in writing
in accordance with Department rules. Each | ||||||
8 | providers' or suppliers' license
is valid for one year from | ||||||
9 | date of issuance, unless suspended or revoked by
Department | ||||||
10 | action before that date.
| ||||||
11 | The following are ineligible for any license under this | ||||||
12 | Act:
| ||||||
13 | (a) any person who has been convicted of a felony;
| ||||||
14 | (b) any person who has been convicted of a violation of | ||||||
15 | Article 28 of
the "Criminal Code of 1961";
| ||||||
16 | (c) any person found gambling, participating in | ||||||
17 | gambling or knowingly
permitting gambling on premises | ||||||
18 | where bingo is being conducted;
| ||||||
19 | (d) any firm or corporation in which a person defined | ||||||
20 | in (a), (b) or (c)
has a proprietary, equitable or credit | ||||||
21 | interest, or in which such person
is active or employed;
| ||||||
22 | (e) any organization in which a person defined in (a), | ||||||
23 | (b) or (c) is an
officer, director, or employee, whether | ||||||
24 | compensated or not;
| ||||||
25 | (f) any organization in which a person defined in (a), | ||||||
26 | (b) or (c) is to
participate in the management or operation |
| |||||||
| |||||||
1 | of a bingo game.
| ||||||
2 | (Source: P.A. 93-742, eff. 7-15-04.)
| ||||||
3 | (230 ILCS 25/1.1 new) | ||||||
4 | Sec. 1.1. Definitions. For purposes of this Act, the | ||||||
5 | following definitions apply: | ||||||
6 | "Bingo" means a game in which each player has a card or | ||||||
7 | board for which a consideration has been paid, containing 5 | ||||||
8 | horizontal rows of spaces, with each row except the central one | ||||||
9 | containing 5 figures. The central row has 4 figures with the | ||||||
10 | word "free" marked in the center space. "Bingo" includes games | ||||||
11 | that otherwise qualify under this paragraph, except for the use | ||||||
12 | of cards where the figures are not preprinted but are filled in | ||||||
13 | by the players. A player wins a game of bingo by completing a | ||||||
14 | preannounced combination of spaces or, in the absence of a | ||||||
15 | preannouncement of a combination of spaces, any combination of | ||||||
16 | 5 spaces in a row, vertically, horizontally, or diagonally. | ||||||
17 | "Bingo equipment" means any equipment or machinery | ||||||
18 | designed or used for the play of bingo. | ||||||
19 | "Charitable organization" means an organization or | ||||||
20 | institution organized and operated to benefit an indefinite | ||||||
21 | number of the public. | ||||||
22 | "Department" means the Department of Revenue. | ||||||
23 | "Educational organization" means an organization or | ||||||
24 | institution organized and operated to provide systematic | ||||||
25 | instruction in useful branches of learning by methods common to |
| |||||||
| |||||||
1 | schools and institutions of learning which compare favorably in | ||||||
2 | their scope and intensity with the course of study presented in | ||||||
3 | tax-supported schools. | ||||||
4 | "Fraternal organization" means an organization of persons | ||||||
5 | having a common interest that is organized and operated | ||||||
6 | exclusively to promote the welfare of its members and to | ||||||
7 | benefit the general public on a continuing and consistent | ||||||
8 | basis, including but not limited to ethnic organizations. | ||||||
9 | "Holiday" means any of the holidays listed in Section 17 of | ||||||
10 | the Promissory Note and Bank Holiday Act. | ||||||
11 | "Labor organization" means an organization composed of | ||||||
12 | labor unions or workers organized with the objectives of | ||||||
13 | betterment of the conditions of those engaged in such pursuit | ||||||
14 | and the development of a higher degree of efficiency in their | ||||||
15 | respective occupations. | ||||||
16 | "Licensed organization" means a qualified organization | ||||||
17 | that has obtained a license to conduct bingo in conformance | ||||||
18 | with the provisions of this Act. | ||||||
19 | "Limited license" means a license issued to an organization | ||||||
20 | that is not a licensed organization, but that is otherwise | ||||||
21 | eligible for a regular license to conduct bingo. A limited | ||||||
22 | license authorizes the conduct of bingo at up to 2 indoor or | ||||||
23 | outdoor festivals during the calendar year for which the | ||||||
24 | license is issued for a maximum of 5 consecutive days on each | ||||||
25 | occasion. | ||||||
26 | "Non-profit organization" means an organization or |
| |||||||
| |||||||
1 | institution organized and conducted on a not-for-profit basis | ||||||
2 | with no personal profit inuring to anyone as a result of the | ||||||
3 | operation. | ||||||
4 | "Organization" means a corporation, agency, partnership, | ||||||
5 | association, firm, business or other entity consisting of 2 or | ||||||
6 | more persons joined by a common interest or purpose. | ||||||
7 | "Person" means any natural individual, corporation, | ||||||
8 | partnership, limited liability company, organization (as | ||||||
9 | defined in this Section), licensee under this Act, or | ||||||
10 | volunteer. | ||||||
11 | "Provider" means any person or organization, except a city, | ||||||
12 | village, or incorporated town that owns or leases premises to | ||||||
13 | an organization for the conduct of bingo. | ||||||
14 | "Regular license" means a license authorizing its holder to | ||||||
15 | conduct one session of bingo per week on the date and at the | ||||||
16 | time and location stated on the license. | ||||||
17 | "Religious organization" means any church, congregation, | ||||||
18 | society, or organization founded for the purpose of religious | ||||||
19 | worship. | ||||||
20 | "Senior citizens organization" means an organization or | ||||||
21 | association comprised of members of which substantially all are | ||||||
22 | individuals who are senior citizens, as defined in the Illinois | ||||||
23 | Act on the Aging, the primary purpose of which is to promote | ||||||
24 | the welfare of its members. | ||||||
25 | "Special games" means bingo games that may be designated as | ||||||
26 | such, played a maximum of 5 times during a bingo session and |
| |||||||
| |||||||
1 | are distinguished from regular games only by the maximum price | ||||||
2 | that may be charged for the bingo cards used. | ||||||
3 | "Special permit" means the ability of a licensee who | ||||||
4 | currently holds a license to be granted a permit to conduct | ||||||
5 | bingo at other premises or on other days not exceeding 5 | ||||||
6 | consecutive days. | ||||||
7 | "Supplier" means any person, firm, or corporation that | ||||||
8 | sells, leases, or distributes to any organization licensed to | ||||||
9 | conduct bingo or to any licensed bingo supplier, cards, boards, | ||||||
10 | sheets, markers, pads and any other supplies, devices and | ||||||
11 | equipment designed for use in the play of bingo. | ||||||
12 | "Veterans' organization" means an organization comprised | ||||||
13 | of members of which substantially all are individuals who are | ||||||
14 | veterans or spouses, widows, or widowers of veterans, the | ||||||
15 | primary purpose of which is to promote the welfare of its | ||||||
16 | members and to provide assistance to the general public in such | ||||||
17 | a way as to confer a public benefit. | ||||||
18 | "Volunteer" means a person recruited by an organization who | ||||||
19 | voluntarily performs services at a bingo event, including | ||||||
20 | participation in the management or operation of a game. | ||||||
21 | "Youth athletic organization" means an organization having | ||||||
22 | as its exclusive purpose the promotion and provision of | ||||||
23 | athletic activities for youth aged 18 and under.
| ||||||
24 | (230 ILCS 25/1.2 new)
| ||||||
25 | Sec. 1.2. Ineligibility for licensure. The following are |
| |||||||
| |||||||
1 | ineligible for any license under this Act: | ||||||
2 | (1) Any person who has been convicted of a felony | ||||||
3 | within the last 10 years prior to the date of application. | ||||||
4 | (2) Any person who has been convicted of a violation of | ||||||
5 | Article 28 of the Criminal Code of 1961. | ||||||
6 | (3) Any person who has had a bingo, pull tabs and jar | ||||||
7 | games, bingo, or charitable games license revoked by the | ||||||
8 | Department. | ||||||
9 | (4) Any person who is or has been a professional | ||||||
10 | gambler. | ||||||
11 | (5) Any person found gambling in a manner not | ||||||
12 | authorized by the Illinois Pull Tabs and Jar Games Act, | ||||||
13 | Bingo License and Tax Act, or the Charitable Games Act, | ||||||
14 | participating in such gambling, or knowingly permitting | ||||||
15 | such gambling on premises where a bingo event is authorized | ||||||
16 | to be conducted or has been conducted. | ||||||
17 | (6) Any organization in which a person defined in (1), | ||||||
18 | (2) (3), (4), or (5) has a proprietary, equitable, or | ||||||
19 | credit interest, or in which such person is active or | ||||||
20 | employed. | ||||||
21 | (7) Any organization in which a person defined in (1), | ||||||
22 | (2), (3), (4), or (5) is an officer, director, or employee, | ||||||
23 | whether compensated or not. | ||||||
24 | (8) Any organization in which a person defined in (1), | ||||||
25 | (2) (3), (4), or (5) is to participate in the management or | ||||||
26 | operation of a bingo game. |
| |||||||
| |||||||
1 | The Department of State Police shall provide the criminal | ||||||
2 | background of any person requested by the Department of | ||||||
3 | Revenue. | ||||||
4 | (230 ILCS 25/1.3 new)
| ||||||
5 | Sec. 1.3. Restrictions on licensure. Licensing for the | ||||||
6 | conducting of bingo is subject to the following restrictions: | ||||||
7 | (1) The license application, when submitted to the | ||||||
8 | Department, must contain a sworn statement attesting to the | ||||||
9 | not-for-profit character of the prospective licensee | ||||||
10 | organization, signed by a person listed on the application | ||||||
11 | as an owner, officer, or other person in charge of the | ||||||
12 | necessary day-to-day operations of that organization. | ||||||
13 | (2) The license application shall be prepared in | ||||||
14 | accordance with the rules of the Department. | ||||||
15 | (3) The licensee shall prominently display the license | ||||||
16 | in the area where the licensee conducts bingo. The licensee | ||||||
17 | shall likewise display, in the form and manner as | ||||||
18 | prescribed by the Department, the provisions of Section 8 | ||||||
19 | of this Act. | ||||||
20 | (4) Each license shall state the day of the week, hours | ||||||
21 | and at which location the licensee is permitted to conduct | ||||||
22 | bingo games. | ||||||
23 | (5) A license is not assignable or transferable. | ||||||
24 | (6) A license authorizes the licensee to conduct the | ||||||
25 | game commonly known as bingo, in which prizes are awarded |
| |||||||
| |||||||
1 | on the basis of designated numbers or symbols on a card | ||||||
2 | conforming to numbers or symbols selected at random. | ||||||
3 | (7) The Department may, on special application made by | ||||||
4 | any organization having a bingo license, issue a special | ||||||
5 | permit for conducting bingo at other premises and on other | ||||||
6 | days not exceeding 5 consecutive days, except that a | ||||||
7 | licensee may conduct bingo at the Illinois State Fair or | ||||||
8 | any county fair held in Illinois during each day that the | ||||||
9 | fair is held, without a fee. Bingo games conducted at the | ||||||
10 | Illinois State Fair or a county fair shall not require a | ||||||
11 | special permit. No more than 2 special permits may be | ||||||
12 | issued in one year to any one organization. | ||||||
13 | (8) Any organization qualified for a license but not | ||||||
14 | holding one may, upon application and payment of a | ||||||
15 | nonrefundable fee of $50, receive a limited license to | ||||||
16 | conduct bingo games at no more than 2 indoor or outdoor | ||||||
17 | festivals in a year for a maximum of 5 consecutive days on | ||||||
18 | each occasion. No more than 2 limited licenses under this | ||||||
19 | item (7) may be issued to any organization in any year. A | ||||||
20 | limited license must be prominently displayed at the site | ||||||
21 | where the bingo games are conducted. | ||||||
22 | (9) Senior citizens organizations may conduct bingo | ||||||
23 | without a license or fee, subject to the following | ||||||
24 | conditions: | ||||||
25 | (A) bingo shall be conducted only at a facility | ||||||
26 | that is owned by a unit of local government to which |
| |||||||
| |||||||
1 | the corporate authorities have given their approval | ||||||
2 | and that is used to provide social services or a | ||||||
3 | meeting place to senior citizens, or in common areas in | ||||||
4 | multi-unit federally assisted rental housing | ||||||
5 | maintained solely for the elderly and handicapped; | ||||||
6 | (B) the price paid for a single card shall not | ||||||
7 | exceed 5 cents; | ||||||
8 | (C) the aggregate retail value of all prizes or | ||||||
9 | merchandise awarded in any one game of bingo shall not | ||||||
10 | exceed $1; | ||||||
11 | (D) No person or organization shall participate in | ||||||
12 | the management or operation of bingo under this item | ||||||
13 | (9) if the person or organization would be ineligible | ||||||
14 | for a license under this Section; and | ||||||
15 | (E) No license is required to provide premises for | ||||||
16 | bingo conducted under this item (9). | ||||||
17 | (10) Bingo equipment shall not be used for any purpose | ||||||
18 | other than for the play of bingo. | ||||||
19 | (230 ILCS 25/1.4 new)
| ||||||
20 | Sec. 1.4. Providers' license. The Department shall issue a | ||||||
21 | providers' license permitting a person, firm, or corporation to | ||||||
22 | provide premises for the conduct of bingo. No person, firm or | ||||||
23 | corporation may rent or otherwise provide premises without | ||||||
24 | having first obtained a license. Applications for providers' | ||||||
25 | licenses shall be made in writing in accordance with Department |
| |||||||
| |||||||
1 | rules. The Department shall license providers of bingo at a | ||||||
2 | nonrefundable annual fee of $200, or a nonrefundable triennial | ||||||
3 | fee of $600. Each providers' license is valid for one year from | ||||||
4 | date of issuance, or 3 years from date of issuance for a | ||||||
5 | triennial license, unless extended, suspended, or revoked by | ||||||
6 | Department action before that date. Any extension of a | ||||||
7 | providers' license shall not exceed one year. A municipality | ||||||
8 | shall not be required to obtain a license to provide such | ||||||
9 | premises. A provider may receive reasonable expenses for | ||||||
10 | providing premises for conducting bingo. Reasonable expenses | ||||||
11 | shall include only those expenses defined as reasonable by | ||||||
12 | rules promulgated by the Department. | ||||||
13 | (230 ILCS 25/1.5 new)
| ||||||
14 | Sec. 1.5. Suppliers' license. The Department shall issue a | ||||||
15 | suppliers' license permitting a person, firm, or corporation to | ||||||
16 | sell, lease, lend or distribute to any organization licensed to | ||||||
17 | conduct bingo, supplies, devices and other equipment designed | ||||||
18 | for use in the playing of bingo. No person, firm or corporation | ||||||
19 | shall sell, lease, lend or distribute bingo supplies or | ||||||
20 | equipment without having first obtained a license. | ||||||
21 | Applications for suppliers' licenses shall be made in writing | ||||||
22 | in accordance with Department rules. The Department shall | ||||||
23 | license suppliers of bingo subject to a nonrefundable annual | ||||||
24 | fee of $200, or a nonrefundable triennial fee of $600. Each | ||||||
25 | suppliers' license is valid for one year from date of issuance, |
| |||||||
| |||||||
1 | or 3 years from date of issuance for a triennial license, | ||||||
2 | unless extended, suspended, or revoked by Department action | ||||||
3 | before that date. Any extension of a providers' license shall | ||||||
4 | not exceed one year. No licensed supplier under this Act shall | ||||||
5 | sell, lease, lend, distribute or allow the use of any supplies, | ||||||
6 | devices or equipment designed for use in the play of bingo for | ||||||
7 | the conducting of anything other than bingo or to any person or | ||||||
8 | organization not otherwise licensed under this Act.
| ||||||
9 | (230 ILCS 25/2) (from Ch. 120, par. 1102)
| ||||||
10 | Sec. 2. The conducting of bingo is subject to the following | ||||||
11 | restrictions:
| ||||||
12 | (1) The entire net proceeds from bingo play must be | ||||||
13 | exclusively devoted
to the lawful purposes of the organization | ||||||
14 | permitted to conduct that game.
| ||||||
15 | (2) (Blank).
| ||||||
16 | (2.5) No person except a bona fide member or employee of | ||||||
17 | the sponsoring organization may participate in the management | ||||||
18 | or operation of bingo.
| ||||||
19 | (3) No person may receive any remuneration or profit for | ||||||
20 | participating
in the management or operation of the game, | ||||||
21 | except that if an organization
licensed under this Act is | ||||||
22 | associated with a school or other educational
institution, that | ||||||
23 | school or institution may reduce tuition or fees for a
| ||||||
24 | designated pupil based on participation in the management or | ||||||
25 | operation of
the game by any member of the organization. The |
| |||||||
| |||||||
1 | extent to which tuition and
fees are reduced shall relate | ||||||
2 | proportionately to the amount of time volunteered
by the | ||||||
3 | member, as determined by the school or other educational | ||||||
4 | institution.
| ||||||
5 | (4) The aggregate retail value of all prizes or merchandise | ||||||
6 | awarded in
any single day of bingo may not exceed $2,250, | ||||||
7 | except that in adjoining
counties having 200,000 to 275,000 | ||||||
8 | inhabitants each, and in counties which
are adjacent to either | ||||||
9 | of such adjoining counties and are adjacent to a
total of not | ||||||
10 | more than 2 counties in this State, and in any municipality
| ||||||
11 | having 2,500 or more inhabitants and within one mile of such | ||||||
12 | adjoining and
adjacent counties having less than 25,000 | ||||||
13 | inhabitants, 2 additional bingo
games may be conducted after | ||||||
14 | the $2,250 limit has been reached. The prize
awarded for any | ||||||
15 | one game, including any game conducted after reaching
the | ||||||
16 | $2,250 limit as authorized in this paragraph (4), may not | ||||||
17 | exceed $500
cash or its equivalent.
| ||||||
18 | (5) The number of games , including regular and special | ||||||
19 | games, may not exceed 25 in any one day including regular
and | ||||||
20 | special games , except that this restriction on the number of | ||||||
21 | games
shall not apply to bingo conducted at the Illinois State | ||||||
22 | Fair or any county
fair held in Illinois.
| ||||||
23 | (6) The price paid for a single card under the license may | ||||||
24 | not exceed
$1 and such card is valid for all regular games on | ||||||
25 | that day of bingo.
A maximum of 5 special games may be held on | ||||||
26 | each bingo day, except that
this restriction on the number of |
| |||||||
| |||||||
1 | special games shall not apply to bingo
conducted at the | ||||||
2 | Illinois State Fair or any county fair held in Illinois.
The | ||||||
3 | price for a single special game card may not exceed 50 cents.
| ||||||
4 | (7) The number of bingo days conducted by a licensee under | ||||||
5 | this Act is
limited to one per week, except as follows:
| ||||||
6 | (i) Bingo may be conducted in accordance with the terms | ||||||
7 | of a special
operator's permit or limited license issued | ||||||
8 | under subdivision (6) of Section 1.3
(3) of Section 1 .
| ||||||
9 | (ii) Bingo may be conducted at the Illinois State Fair
| ||||||
10 | or any county fair held in Illinois under subdivision (6) | ||||||
11 | of Section 1.3
(3) of Section 1 .
| ||||||
12 | (iii) A licensee which cancels a day of bingo because | ||||||
13 | of inclement
weather or because the day is a holiday or the | ||||||
14 | eve of a holiday may, after
giving notice to the | ||||||
15 | Department, conduct bingo on an additional date which
falls | ||||||
16 | on a day of the week other than the day authorized under | ||||||
17 | the license. As
used in this subdivision (iii), "holiday" | ||||||
18 | means any of the holidays listed in
Section 17 of the | ||||||
19 | Promissory Note and Bank Holiday Act.
| ||||||
20 | (8) A licensee may rent a premises on which to conduct | ||||||
21 | bingo only from
an organization which is licensed as a provider | ||||||
22 | of premises or exempt from
license requirements under this Act. | ||||||
23 | If the organization providing the premises
is a metropolitan | ||||||
24 | exposition, auditorium, and office building authority created
| ||||||
25 | by State law, a licensee may enter into a rental agreement with | ||||||
26 | the
organization authorizing the licensee and the organization |
| |||||||
| |||||||
1 | to share the gross
proceeds of bingo games; however, the | ||||||
2 | organization shall not receive more than
50% of the gross | ||||||
3 | proceeds.
| ||||||
4 | (9) No person under the age of 18 years may play or | ||||||
5 | participate in the
conducting of bingo. Any person under the | ||||||
6 | age of 18 years may be within the
area where bingo is being | ||||||
7 | played only when accompanied by his parent or
guardian.
| ||||||
8 | (10) The promoter of bingo games must have a proprietary | ||||||
9 | interest in the
game promoted.
| ||||||
10 | (11) Raffles or other forms of gambling prohibited by law | ||||||
11 | shall not be
conducted on the premises where bingo is being | ||||||
12 | conducted, except that
pull tabs and jar games conducted under | ||||||
13 | the Illinois Pull Tabs and Jar
Games Act may be conducted on | ||||||
14 | the premises where bingo is being conducted.
Prizes awarded in | ||||||
15 | pull tabs and jar games shall not be included in the
bingo | ||||||
16 | prize limitation.
| ||||||
17 | (12) Organizations may be issued a special permit or | ||||||
18 | limited license no more than 2 times in any year. An | ||||||
19 | organization holding a special operator's permit or a limited
| ||||||
20 | license may, as one of the occasions allowed by such permit or | ||||||
21 | license,
conduct bingo for a maximum of 2 consecutive days . If | ||||||
22 | an organization conducts bingo pursuant to a limited license or | ||||||
23 | special permit, then , during each day of which
the number of | ||||||
24 | games played during each day may exceed 25, and regular game | ||||||
25 | cards need not be valid
for all regular games. If only noncash | ||||||
26 | prizes are awarded during such
occasions, the prize limits |
| |||||||
| |||||||
1 | stated in subdivision
paragraph (4) of this Section shall
not | ||||||
2 | apply, provided that the retail value of noncash prizes for any | ||||||
3 | single
game shall not exceed $150.
| ||||||
4 | (Source: P.A. 92-305, eff. 8-9-01.)
| ||||||
5 | (230 ILCS 25/3) (from Ch. 120, par. 1103)
| ||||||
6 | Sec. 3. There shall be paid to the Department of Revenue, | ||||||
7 | 5% of the gross
proceeds of any game of bingo conducted under | ||||||
8 | the provision of this Act.
Such payments shall be made 4 times | ||||||
9 | per year, between the first and the
20th day of April, July, | ||||||
10 | October and January. Payment must be by money
order or | ||||||
11 | certified check. Accompanying each payment shall be a return
| ||||||
12 | report ,
on forms prescribed
provided by the Department of | ||||||
13 | Revenue , listing the number of games
conducted, the gross | ||||||
14 | income derived and such other information as the
Department of | ||||||
15 | Revenue may require . Failure to submit either the payment or
| ||||||
16 | the return
report within the specified time may result in | ||||||
17 | suspension or revocation
of the license. Tax returns filed | ||||||
18 | pursuant to this Act shall not be confidential and shall be | ||||||
19 | available for public inspection.
| ||||||
20 | All payments made to the Department of Revenue under this | ||||||
21 | Section shall be deposited as follows: | ||||||
22 | (1) 50% shall be deposited in the Mental Health Fund; | ||||||
23 | and | ||||||
24 | (2) 50% shall be deposited in the Common School Fund.
| ||||||
25 |
The provisions of Section 2a of the Retailers' Occupation |
| |||||||
| |||||||
1 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
2 | security are incorporated by reference
into this Act and are | ||||||
3 | applicable to licensees under this Act as a precondition
of | ||||||
4 | obtaining a license under this Act. The Department shall | ||||||
5 | establish by
rule the standards and criteria it will use in | ||||||
6 | determining whether to require
the furnishing of a bond or | ||||||
7 | other security, the amount of such bond or other
security, | ||||||
8 | whether to require the furnishing of an additional bond or | ||||||
9 | other
security by a licensee, and the amount of such additional | ||||||
10 | bond or other
security. Such standards and criteria may include | ||||||
11 | payment history, general
financial condition or other factors | ||||||
12 | which may pose risks to insuring the
payment to the Department | ||||||
13 | of Revenue, of applicable taxes. Such rulemaking
is subject to | ||||||
14 | the provisions of the Illinois Administrative Procedure Act.
| ||||||
15 | The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, | ||||||
16 | 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | ||||||
17 | Occupation
Tax Act which are not inconsistent with this Act,
| ||||||
18 | and Section 3-7 of the
Uniform Penalty and Interest Act , which | ||||||
19 | are not inconsistent with this Act, shall apply, as far as
| ||||||
20 | practicable, to the subject matter of this Act to the same | ||||||
21 | extent as if
such provisions were included in this Act. Tax | ||||||
22 | returns filed pursuant to
this Act shall not be confidential | ||||||
23 | and shall be available for public
inspection. For the purposes | ||||||
24 | of this Act, references in such incorporated
Sections of the | ||||||
25 | Retailers' Occupation Tax Act to retailers, sellers or
persons | ||||||
26 | engaged in the business of selling tangible personal property |
| |||||||
| |||||||
1 | means
persons engaged in conducting bingo games, and references | ||||||
2 | in such
incorporated Sections of the Retailers' Occupation Tax | ||||||
3 | Act to sales of
tangible personal property mean the conducting | ||||||
4 | of bingo games and the
making of charges for playing such | ||||||
5 | games.
| ||||||
6 | One-half of all of the sums collected under this Section | ||||||
7 | shall be deposited
into the Mental Health Fund and 1/2 of all | ||||||
8 | of the sums collected under this
Section shall be deposited in | ||||||
9 | the Common School Fund.
| ||||||
10 | (Source: P.A. 87-205; 87-895 .)
| ||||||
11 | (230 ILCS 25/4) (from Ch. 120, par. 1104)
| ||||||
12 | Sec. 4. Each licensee must keep a complete record of bingo | ||||||
13 | games conducted
within the previous 3 years. Such record shall | ||||||
14 | be available for
open to inspection by
any employee of the | ||||||
15 | Department of Revenue during reasonable business hours.
| ||||||
16 | The Department
Director may require that any person, | ||||||
17 | organization or corporation
licensed under this Act obtain from | ||||||
18 | an Illinois certified public accounting
firm at its own expense | ||||||
19 | a certified and unqualified financial statement
and | ||||||
20 | verification of records of such organization.
Failure of a | ||||||
21 | bingo licensee to comply with this requirement within 90
days | ||||||
22 | of receiving notice from the Director may
result in suspension | ||||||
23 | or revocation of the licensee's license.
| ||||||
24 | The Department of Revenue may, at its discretion, suspend | ||||||
25 | or revoke
any license if
where it finds that the licensee or |
| |||||||
| |||||||
1 | any person connected therewith
has violated or is violating the | ||||||
2 | provisions of this Act. A suspension or revocation shall be in | ||||||
3 | addition to, and not in lieu of, any other civil penalties or | ||||||
4 | assessments that are authorized by this Act. No licensee under
| ||||||
5 | this Act, while a bingo game is being conducted, shall | ||||||
6 | knowingly permit
the entry into any part of the licensed | ||||||
7 | premises by any person
who has been convicted of a felony or a | ||||||
8 | violation of
Article 28 of the "Criminal Code of 1961".
| ||||||
9 | (Source: P.A. 82-967.)
| ||||||
10 | (230 ILCS 25/5) (from Ch. 120, par. 1105)
| ||||||
11 | Sec. 5. Penalties.
| ||||||
12 | (a) Any person who conducts or knowingly participates in an
| ||||||
13 | unlicensed bingo game commits the offense of gambling in | ||||||
14 | violation of
Section 28-1 of the Criminal Code of 1961, as | ||||||
15 | amended. Any person who
violates any other provision of this | ||||||
16 | Act, or any person who
knowingly fails to file a bingo return | ||||||
17 | or who knowingly files a fraudulent
application or return
under | ||||||
18 | this Act, or any person who wilfully
violates any rule or | ||||||
19 | regulation of the Department for the administration
and | ||||||
20 | enforcement of this Act, or any officer or agent of an | ||||||
21 | organization
or a corporation
licensed under this Act who signs | ||||||
22 | a fraudulent application or return filed on behalf of
such an | ||||||
23 | organization or corporation , is guilty of a Class A | ||||||
24 | misdemeanor.
| ||||||
25 | (b) Any organization
In addition to other penalties |
| |||||||
| |||||||
1 | provided for in this Act, organizations
or corporations that | ||||||
2 | illegally conducts bingo, in addition to other penalties | ||||||
3 | provided for in this Act,
play bingo shall be subject to a | ||||||
4 | civil penalty
equal to the gross proceeds derived from those
| ||||||
5 | unlicensed games, as well as confiscation and forfeiture of all | ||||||
6 | bingo equipment
used in the conduct of those unlicensed games.
| ||||||
7 | (c) Any organization licensed to conduct bingo which allows | ||||||
8 | any form of illegal gambling to be conducted on the premises | ||||||
9 | where bingo is being conducted, in addition to other penalties | ||||||
10 | provided for in this Act, shall be subject to a civil penalty | ||||||
11 | equal to the amount of gross proceeds derived on that day from | ||||||
12 | bingo and any illegal game that may have been conducted, as | ||||||
13 | well as confiscation and forfeiture of all bingo equipment used | ||||||
14 | in the conduct of any unlicensed or illegal games. | ||||||
15 | (d) Any person or organization, in addition to other | ||||||
16 | penalties provided for in this Act, shall be subject to a civil | ||||||
17 | penalty not to exceed $5,000 for any of the following | ||||||
18 | violations: | ||||||
19 | (1) Providing premises for the conduct of bingo without | ||||||
20 | first obtaining a license or a special permit to do so. | ||||||
21 | (2) Allowing unlicensed organizations to conduct bingo | ||||||
22 | on its premises. | ||||||
23 | (3) Allowing any form of illegal gambling to be | ||||||
24 | conducted on the premises where bingo is being conducted.
| ||||||
25 | (Source: P.A. 84-221.)
|
| |||||||
| |||||||
1 | (230 ILCS 25/5.1) (from Ch. 120, par. 1105.1)
| ||||||
2 | Sec. 5.1. The Illinois Administrative Procedure Act is | ||||||
3 | hereby expressly
adopted and shall apply to all administrative | ||||||
4 | rules and procedures of the
Department of Revenue under this | ||||||
5 | Act, except that (1) paragraph (b) of Section
5-10 of the | ||||||
6 | Illinois Administrative Procedure Act does not apply to final
| ||||||
7 | orders, decisions and opinions of the Department, (2) | ||||||
8 | subparagraph (a)(ii) of
Section 5-10 of the Illinois | ||||||
9 | Administrative Procedure Act does not apply to
forms | ||||||
10 | established by the Department for use under this Act, and (3) | ||||||
11 | the
provisions of Section 10-45 of the Illinois Administrative | ||||||
12 | Procedure Act
regarding proposals for decision are excluded and | ||||||
13 | not applicable to the
Department under this Act , and (4) the | ||||||
14 | provisions of subsection (d) of Section 10 65 of the Illinois | ||||||
15 | Administrative Procedure Act do not apply so as to prevent | ||||||
16 | summary suspension of any license pending revocation or other | ||||||
17 | action, which suspension shall remain in effect unless modified | ||||||
18 | by the Department or unless the Department's decision is | ||||||
19 | reversed on the merits in proceedings conducted pursuant to the | ||||||
20 | Administrative Review Law .
| ||||||
21 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
22 | (230 ILCS 25/5.2 new)
| ||||||
23 | Sec. 5.2. Law enforcement action. Any law enforcement | ||||||
24 | agency that takes action relating to the operation of a bingo | ||||||
25 | game shall notify the Department of Revenue and specify the |
| |||||||
| |||||||
1 | extent of the action taken and the reasons for the action.
| ||||||
2 | Section 15. The Charitable Games Act is amended by changing | ||||||
3 | Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 and by adding | ||||||
4 | Sections 4.1 and 14.1 as follows:
| ||||||
5 | (230 ILCS 30/2) (from Ch. 120, par. 1122)
| ||||||
6 | Sec. 2. Definitions. For purposes of this Act, the | ||||||
7 | following definitions
apply:
| ||||||
8 | "Charitable games" means the 14 games of chance involving | ||||||
9 | cards, dice, wheels, random selection of numbers, and gambling | ||||||
10 | tickets which may be conducted at charitable games events | ||||||
11 | listed as follows: roulette, blackjack, poker, pull tabs, | ||||||
12 | craps, bang, beat the dealer, big six, gin rummy, five card | ||||||
13 | stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | ||||||
14 | wheel. | ||||||
15 | "Charitable games event" or "event" means the type of | ||||||
16 | fundraising event authorized by the Act at which participants | ||||||
17 | pay to play charitable games for the chance of winning cash or | ||||||
18 | noncash prizes. | ||||||
19 | "Charitable organization" means an organization or | ||||||
20 | institution organized and operated to benefit an indefinite | ||||||
21 | number of the public. | ||||||
22 | "Chips" means scrip, play money, poker or casino chips, or | ||||||
23 | any other representations of money, used to make wagers on the | ||||||
24 | outcome of any charitable game. |
| |||||||
| |||||||
1 | "Department" means the Department of Revenue.
| ||||||
2 | "Educational organization" means an organization or | ||||||
3 | institution organized and operated to provide systematic | ||||||
4 | instruction in useful branches of learning by methods common to | ||||||
5 | schools and institutions of learning which compare favorably in | ||||||
6 | their scope and intensity with the course of study presented in | ||||||
7 | tax-supported schools. | ||||||
8 | "Fraternal organization" means an organization of persons | ||||||
9 | having a common interest that is organized and operated | ||||||
10 | exclusively to promote the welfare of its members and to | ||||||
11 | benefit the general public on a continuing and consistent | ||||||
12 | basis, including but not limited to ethnic organizations.
| ||||||
13 | "Labor organization" means an organization composed of | ||||||
14 | labor unions or
workers organized with the objective of | ||||||
15 | betterment of the conditions of
those engaged in such pursuit | ||||||
16 | and the development of a higher degree of
efficiency in their | ||||||
17 | respective occupations.
| ||||||
18 | "Licensed organization" means a qualified organization | ||||||
19 | that has obtained a license to conduct a charitable games event | ||||||
20 | in conformance with the provisions of this Act. | ||||||
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": A corporation, agency, partnership, | ||||||
26 | institution,
association, firm , business, or other entity |
| |||||||
| |||||||
1 | consisting of 2 or more persons joined by
a common interest or | ||||||
2 | purpose.
| ||||||
3 | "Person" means any natural individual, corporation, | ||||||
4 | partnership, limited
liability company, organization as | ||||||
5 | defined in this
Section, qualified organization, licensed | ||||||
6 | organization, licensee under this Act, or volunteer.
| ||||||
7 | "Premises" means a distinct parcel of land and the | ||||||
8 | buildings thereon. "Premises" may include a boat upon which | ||||||
9 | charitable games are being played, provided that documentation | ||||||
10 | required by the Department regarding the location and | ||||||
11 | identification of the boat is submitted with the application. | ||||||
12 | "Provider" means the person or organization owning, | ||||||
13 | leasing, or controlling premises upon which any charitable | ||||||
14 | games event is to be conducted. | ||||||
15 | "Sponsoring organization": A qualified organization that | ||||||
16 | has obtained a
license to conduct a charitable games event in | ||||||
17 | conformance with the provisions
of this Act.
| ||||||
18 | "Qualified organization" means :
| ||||||
19 | (a) a charitable, religious, fraternal, veterans, | ||||||
20 | labor or educational
organization or institution organized | ||||||
21 | and conducted on a not-for-profit
basis with no personal | ||||||
22 | profit inuring to anyone as a result of the
operation and | ||||||
23 | which is exempt from federal income taxation under Sections
| ||||||
24 | 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or | ||||||
25 | 501(c)(19) of the
Internal Revenue Code;
| ||||||
26 | (b) a veterans organization as defined in Section 1.1
1
|
| |||||||
| |||||||
1 | of the
"Bingo License and Tax Act" , approved July 22, 1971, | ||||||
2 | as amended, organized
and conducted on a not-for-profit | ||||||
3 | basis with no personal profit inuring to
anyone as a result | ||||||
4 | of the operation; or
| ||||||
5 | (c) An auxiliary organization of a veterans | ||||||
6 | organization.
| ||||||
7 | "Religious organization" means any church, congregation, | ||||||
8 | society, or organization founded for the purpose of religious | ||||||
9 | worship. | ||||||
10 | "Sponsoring organization" means a qualified organization | ||||||
11 | that has obtained a
license to conduct a charitable games event | ||||||
12 | in conformance with the provisions
of this Act.
| ||||||
13 | "Supplier" means any person, firm, or corporation that | ||||||
14 | sells, leases, lends, distributes, or otherwise provides to any | ||||||
15 | organization licensed to conduct charitable games events in | ||||||
16 | Illinois any charitable games equipment.
| ||||||
17 | "Veterans' organization" means an organization comprised | ||||||
18 | of members of which substantially all are individuals who are | ||||||
19 | veterans or spouses, widows, or widowers of veterans, the | ||||||
20 | primary purpose of which is to promote the welfare of its | ||||||
21 | members and to provide assistance to the general public in such | ||||||
22 | a way as to confer a public benefit. | ||||||
23 | "Volunteer" means a person recruited by a licensed | ||||||
24 | organization who voluntarily performs services at a charitable | ||||||
25 | games event, including participation in the management or | ||||||
26 | 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 |
| |||||||
| |||||||
1 | volunteer.
| ||||||
2 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
3 | (230 ILCS 30/3) (from Ch. 120, par. 1123)
| ||||||
4 | Sec. 3. The Department of Revenue shall, upon application | ||||||
5 | therefor
on forms prescribed by the
such Department, and upon | ||||||
6 | the payment of a nonrefundable
an annual
fee of $200, and upon | ||||||
7 | a determination by the Department that the applicant
meets all | ||||||
8 | of the qualifications specified in this Act
Section , issue a
| ||||||
9 | charitable games license for the conducting of charitable games | ||||||
10 | to any
of the following:
| ||||||
11 | (i) Any local fraternal mutual benefit organization | ||||||
12 | chartered at least
40 years before it applies for a license | ||||||
13 | under this Act.
| ||||||
14 | (ii) Any qualified organization organized in Illinois | ||||||
15 | which operates
without profit to its members, which has | ||||||
16 | been in existence in Illinois
continuously for a period of | ||||||
17 | 5 years immediately before making application for
a license | ||||||
18 | and which has had during that 5 year period a bona fide | ||||||
19 | membership
engaged in carrying out its objects. However, | ||||||
20 | the 5 year requirement shall be
reduced to 2 years, as | ||||||
21 | applied to a local organization which is affiliated with
| ||||||
22 | and chartered by a national organization which meets the 5 | ||||||
23 | year requirement.
The period of existence specified above | ||||||
24 | shall not apply to a qualified
organization, organized for | ||||||
25 | charitable purpose, created by a fraternal
organization |
| |||||||
| |||||||
1 | that meets the existence requirements if the charitable
| ||||||
2 | organization has the same officers and directors as the | ||||||
3 | fraternal organization.
Only one charitable organization | ||||||
4 | created by a branch lodge or chapter of a
fraternal | ||||||
5 | organization may be licensed under this provision.
| ||||||
6 | The application shall be signed by a person listed on the | ||||||
7 | application as an owner, officer, or other person in charge of | ||||||
8 | the necessary day-to-day operations of the applicant | ||||||
9 | organization, who shall attest under penalties of perjury that | ||||||
10 | the information contained in the application is true, correct, | ||||||
11 | and complete.
| ||||||
12 | Each license shall be in effect for one year from its date | ||||||
13 | of
issuance unless extended, suspended , or revoked by | ||||||
14 | Department action before that date.
Any extension shall not | ||||||
15 | exceed one year. The Department may by rule authorize the | ||||||
16 | filing by electronic means of any application, license, permit, | ||||||
17 | return, or registration required under this Act. A licensee may | ||||||
18 | hold only one license. Each license must be applied for at
| ||||||
19 | least 30 days prior to the night or nights the licensee wishes | ||||||
20 | to conduct
such games. The Department may issue a license to a | ||||||
21 | licensee that applies less than 30 days prior to the night or | ||||||
22 | nights the licensee wishes to conduct the games if all other | ||||||
23 | requirements of this Act are met and the Department has | ||||||
24 | sufficient time and resources to issue the license in a timely | ||||||
25 | manner. The Department may provide by rule for an extension of | ||||||
26 | any charitable games license issued under this Act. If a |
| |||||||
| |||||||
1 | licensee wishes to conduct games at a location other than
the | ||||||
2 | locations originally specified in the license, the licensee | ||||||
3 | shall
notify the Department of the proposed alternate location | ||||||
4 | at least 30
60 days
before the night on which the licensee | ||||||
5 | wishes to conduct games at the
alternate location. The | ||||||
6 | Department may accept an applicant's change in location with | ||||||
7 | less than 30 days' notice if all other requirements of this Act | ||||||
8 | are met and the Department has sufficient time and resources to | ||||||
9 | process the change in a timely manner.
| ||||||
10 | All taxes and fees imposed by this Act, unless otherwise | ||||||
11 | specified, shall be paid into the Illinois Gaming Law | ||||||
12 | Enforcement Fund of the State Treasury.
| ||||||
13 | (Source: P.A. 87-758; 87-1271.)
| ||||||
14 | (230 ILCS 30/4) (from Ch. 120, par. 1124)
| ||||||
15 | Sec. 4. Licensing Restrictions. Licensing for the | ||||||
16 | conducting of
charitable games is subject to the following | ||||||
17 | restrictions:
| ||||||
18 | (1) The license application, when submitted to the | ||||||
19 | Department of Revenue,
must contain a sworn statement | ||||||
20 | attesting to the not-for-profit character
of the | ||||||
21 | prospective licensee organization, signed by a person | ||||||
22 | listed on the application as an owner, officer, or other | ||||||
23 | person in charge of the necessary day-to-day operations
the | ||||||
24 | presiding officer
and the secretary of that organization . | ||||||
25 | The application shall contain the
name of the person in |
| |||||||
| |||||||
1 | charge of and primarily responsible for the
conduct of the | ||||||
2 | charitable games. The person so designated shall be
present | ||||||
3 | on the premises continuously during charitable games. Any | ||||||
4 | wilful
misstatements contained in such application | ||||||
5 | constitute perjury.
| ||||||
6 | (2) The license application for license shall be | ||||||
7 | prepared by the prospective
licensee organization or its | ||||||
8 | duly authorized representative in accordance
with the
| ||||||
9 | rules of the Department of Revenue.
| ||||||
10 | (2.1) The organization
application for a license shall | ||||||
11 | maintain among its books and records
contain a list of the | ||||||
12 | names,
addresses, social security numbers, and dates of | ||||||
13 | birth of all persons who will
participate in the management | ||||||
14 | or operation of the games, along with a sworn
statement | ||||||
15 | made under penalties of perjury, signed by a person listed | ||||||
16 | on the application as an owner, officer, or other person in | ||||||
17 | charge of the necessary day-to-day operations
the | ||||||
18 | presiding officer and
secretary of the applicant , that the | ||||||
19 | persons listed as participating in the
management or | ||||||
20 | operation of the games are bona fide members, volunteers as
| ||||||
21 | defined in Section 2, or employees of the applicant, that | ||||||
22 | these persons have
not
participated in the management or | ||||||
23 | operation of more than 4 charitable games
events conducted | ||||||
24 | by any licensee in the calendar year, and that these | ||||||
25 | persons
will receive no remuneration or compensation, | ||||||
26 | directly or indirectly from any
source, for participating |
| |||||||
| |||||||
1 | in the management or operation of the games. Any
amendments | ||||||
2 | to this listing must contain an identical sworn statement.
| ||||||
3 | (2.2) (Blank).
The application shall be signed by the | ||||||
4 | presiding officer and the
secretary of the applicant | ||||||
5 | organization, who shall attest under penalties of
perjury | ||||||
6 | that the information contained in the application is true, | ||||||
7 | correct, and
complete.
| ||||||
8 | (3) Each license shall state the date
which day of the | ||||||
9 | week , hours and
at what
locations the licensee is permitted | ||||||
10 | to conduct charitable games.
| ||||||
11 | (4) Each licensee shall file a copy of the license with | ||||||
12 | each
police
department or, if in unincorporated areas, each | ||||||
13 | sheriff's office whose
jurisdiction includes the premises | ||||||
14 | on which the charitable games are
authorized under the | ||||||
15 | license.
| ||||||
16 | (5) The licensee shall prominently display the license | ||||||
17 | in a prominent
place in the
area where the licensee
it is | ||||||
18 | to conduct charitable games. The licensee shall likewise | ||||||
19 | display, in the form and manner prescribed by the | ||||||
20 | Department, the provisions of Section 9 of this Act.
| ||||||
21 | (6) (Blank).
The proceeds from the license fee imposed | ||||||
22 | by this Act
shall be paid
into the Illinois Gaming Law | ||||||
23 | Enforcement Fund of the State Treasury.
| ||||||
24 | (7) Each licensee shall obtain and maintain a bond for | ||||||
25 | the
benefit of
participants in games conducted by the | ||||||
26 | licensee to insure payment to the
winners of such games. |
| |||||||
| |||||||
1 | Such bond discretionary by the Department and shall be in | ||||||
2 | an amount established by rule
by the Department of Revenue. | ||||||
3 | In a county with fewer than 60,000
inhabitants, the | ||||||
4 | Department may waive the bond
requirement upon a showing by | ||||||
5 | a licensee that it has sufficient funds on
deposit to | ||||||
6 | insure payment to the winners of such games.
| ||||||
7 | (8) A license is not assignable or transferable.
| ||||||
8 | (9) Unless the premises for conducting charitable | ||||||
9 | games are provided by
a
municipality, the Department shall | ||||||
10 | not issue a license
permitting a
person, firm
or | ||||||
11 | corporation to sponsor a charitable games night if the | ||||||
12 | premises for the
conduct of the charitable games has been | ||||||
13 | previously used for 8
charitable
games nights during the | ||||||
14 | previous 12 months.
| ||||||
15 | (10) Auxiliary organizations of a licensee shall not be
| ||||||
16 | eligible for a
license to conduct charitable games, except | ||||||
17 | for auxiliary organizations
of veterans organizations as | ||||||
18 | authorized in Section 2.
| ||||||
19 | (11) Charitable games must be conducted in accordance | ||||||
20 | with
local
building and fire code requirements.
| ||||||
21 | (12) The licensee shall consent to allowing the | ||||||
22 | Department's
employees
to be present on the premises | ||||||
23 | wherein the charitable games are conducted
and to inspect | ||||||
24 | or test equipment, devices and supplies used in the conduct
| ||||||
25 | of the game.
| ||||||
26 | Nothing in this Section shall be construed to prohibit a |
| |||||||
| |||||||
1 | licensee that
conducts charitable games on its own premises | ||||||
2 | from also obtaining a
providers' license in accordance with | ||||||
3 | Section 5.1.
The maximum number of charitable games events that | ||||||
4 | may be held in any one
premises is limited to 8 charitable | ||||||
5 | games events per calendar year.
| ||||||
6 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
7 | (230 ILCS 30/5) (from Ch. 120, par. 1125)
| ||||||
8 | Sec. 5. Providers' License. The Department shall issue a | ||||||
9 | providers'
license permitting a person, firm or corporation to | ||||||
10 | provide
premises for the conduct of charitable games. No | ||||||
11 | person, firm or
corporation may rent or otherwise provide | ||||||
12 | premises without having first
obtained a license . Applications | ||||||
13 | for providers' licenses shall be made in writing in accordance | ||||||
14 | with Department rules. The Department shall license providers | ||||||
15 | of charitable games at a nonrefundable annual fee of $50, or | ||||||
16 | nonrefundable triennial license fee of $150.
therefor upon | ||||||
17 | written application made, verified and
filed with the | ||||||
18 | Department in the form prescribed by the rules and
regulations | ||||||
19 | of the Department. Each providers' license is valid for one | ||||||
20 | year
from the date of issuance, or 3 years from date of | ||||||
21 | issuance for a triennial license, unless extended, suspended ,
| ||||||
22 | or revoked by Department action
before
that date. Any extension | ||||||
23 | of a providers' license shall not exceed one year.
The annual | ||||||
24 | fee for such providers' license
is $50. A provider may receive | ||||||
25 | reasonable compensation for the provision
of the premises. |
| |||||||
| |||||||
1 | Reasonable expenses shall include only those expenses defined | ||||||
2 | as reasonable by rules adopted by the Department.
The | ||||||
3 | compensation shall not be based upon a percentage of
the gross | ||||||
4 | proceeds from the charitable games. A provider, other than a
| ||||||
5 | municipality, may not provide
the same premises for conducting | ||||||
6 | more than 8 charitable games nights
per year.
A provider shall | ||||||
7 | not have any interest in any suppliers' business, either
direct | ||||||
8 | or indirect.
A municipality may provide the same premises for | ||||||
9 | conducting 16 charitable
games nights during a 12-month period. | ||||||
10 | No employee, officer, or owner of a
provider may participate in | ||||||
11 | the management or operation of a charitable games
event, even | ||||||
12 | if the employee, officer, or owner is also a member, volunteer, | ||||||
13 | or
employee of the charitable games licensee. A provider may | ||||||
14 | not promote or
solicit a charitable games event on behalf of a | ||||||
15 | charitable games licensee or
qualified organization.
Any | ||||||
16 | qualified organization licensed to conduct a
charitable game | ||||||
17 | need not obtain a providers' license if such games are to
be | ||||||
18 | conducted on the organization's premises.
| ||||||
19 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
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.
|
| |||||||
| |||||||
1 | No person, firm , or corporation shall sell, lease , lend, or | ||||||
2 | distribute charitable
games supplies
or equipment without | ||||||
3 | having first obtained a license . Applications for suppliers' | ||||||
4 | licenses shall be made in writing in accordance with Department | ||||||
5 | rules. The Department shall license suppliers of charitable | ||||||
6 | games subject to a nonrefundable annual fee of $500, or a | ||||||
7 | nonrefundable triennial fee of $1,500.
therefor upon written
| ||||||
8 | application made, verified and filed with the Department in the | ||||||
9 | form prescribed
by the rules and regulations of the Department.
| ||||||
10 | Each supplier's license is
valid for a period of one year from | ||||||
11 | the date of issuance, or 3 years from date of issuance for a | ||||||
12 | triennial license, unless extended, suspended , or
revoked by | ||||||
13 | Department action before that date. Any extension of a | ||||||
14 | providers' license shall not exceed one year. No licensed | ||||||
15 | supplier under this Act shall lease, lend, or distribute | ||||||
16 | charitable gaming equipment, supplies, or other devices to | ||||||
17 | persons not otherwise licensed to conduct charitable games | ||||||
18 | under this Act.
The annual fee for such
license is $500. The | ||||||
19 | Department may require by rule for the provision of
surety | ||||||
20 | bonds by suppliers. A supplier
shall keep among its books and | ||||||
21 | records and make available for inspection by the Department
| ||||||
22 | furnish the Department
with a list of all products and | ||||||
23 | equipment offered for sale or lease to any
organization | ||||||
24 | licensed to conduct charitable games, and all such products
and | ||||||
25 | equipment shall be sold or leased at the prices shown on the | ||||||
26 | books and records
on file with the
Department . A supplier shall |
| |||||||
| |||||||
1 | keep all such products and equipment
segregated and separate | ||||||
2 | from any other products, materials or equipment that
it might | ||||||
3 | own, sell , or lease.
A supplier must include in its application | ||||||
4 | for a license the exact
location of the storage of the | ||||||
5 | products, materials , or equipment. A
supplier, as a condition | ||||||
6 | of licensure, must consent to permitting the
Department's | ||||||
7 | employees to enter supplier's premises to inspect and test all
| ||||||
8 | equipment and devices.
A supplier shall keep books and records | ||||||
9 | for
the furnishing of products and equipment to charitable | ||||||
10 | games separate and
distinct from any other business the | ||||||
11 | supplier might operate. All products
and equipment supplied | ||||||
12 | must be in accord with the Department's rules and
regulations.
| ||||||
13 | A supplier shall not alter or modify any equipment or supplies, | ||||||
14 | or possess
any equipment or supplies so altered or modified, so | ||||||
15 | as to allow the
possessor or operator of the equipment to | ||||||
16 | obtain a greater chance of
winning a game other than as under | ||||||
17 | normal rules of play of such games.
The supplier shall not | ||||||
18 | require an organization to pay a
percentage of the proceeds | ||||||
19 | from the charitable games for the use of the
products or | ||||||
20 | equipment. The supplier shall keep among its books and records, | ||||||
21 | make available for immediate inspection by the Department, and | ||||||
22 | produce upon Department request a
file a quarterly return with | ||||||
23 | the
Department listing all sales or leases for such quarter and | ||||||
24 | the gross
proceeds from such
sales or leases. A supplier shall | ||||||
25 | permanently affix his name to all
charitable games equipment, | ||||||
26 | supplies and pull tabs. A supplier shall not
have any interest |
| |||||||
| |||||||
1 | in any providers' business, either direct or indirect.
If the | ||||||
2 | supplier leases his equipment for use at an unlicensed | ||||||
3 | charitable
games or to an unlicensed sponsoring group, all | ||||||
4 | equipment so leased is
forfeited to the State.
| ||||||
5 | No person, firm or corporation shall sell, lease or
| ||||||
6 | distribute for compensation within this State, or possess with | ||||||
7 | intent to sell, lease or
distribute for compensation within | ||||||
8 | this State, any chips,
representations of money, wheels or any | ||||||
9 | devices or
equipment designed for use or used in the play of | ||||||
10 | charitable games
without first having obtained a license to do | ||||||
11 | so from the Department of
Revenue. Any person, firm or | ||||||
12 | corporation which knowingly violates this
paragraph shall be | ||||||
13 | guilty of a Class A misdemeanor, the fine for which
shall not | ||||||
14 | exceed $50,000.
| ||||||
15 | Organizations licensed to conduct charitable games may own | ||||||
16 | their own
equipment. Such organizations must apply to the | ||||||
17 | Department for an
ownership permit. Any such application must | ||||||
18 | be accompanied by a one-time, nonrefundable fee of $50 fee .
| ||||||
19 | Such organizations shall file an annual report listing their | ||||||
20 | inventory of
charitable games equipment. Such organizations | ||||||
21 | may lend such equipment
without compensation to other licensed | ||||||
22 | organizations without applying for a
suppliers license.
| ||||||
23 | No employee, owner, or officer of a supplier may
| ||||||
24 | participate in the management or operation of a charitable | ||||||
25 | games event,
even if the employee, owner, or officer is also a | ||||||
26 | member, volunteer, or
employee of the charitable games |
| |||||||
| |||||||
1 | licensee. A supplier may not promote or
solicit a charitable | ||||||
2 | games event on behalf of a charitable games licensee or
| ||||||
3 | qualified organization.
| ||||||
4 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
5 | (230 ILCS 30/7) (from Ch. 120, par. 1127)
| ||||||
6 | Sec. 7. Ineligible Persons. The following are ineligible | ||||||
7 | for any
license under this Act:
| ||||||
8 | (a) any person who has been convicted of a felony | ||||||
9 | within the last 10 years before
of
the date of the | ||||||
10 | application;
| ||||||
11 | (b) any person who has been convicted of a violation of | ||||||
12 | Article 28 of
the Criminal Code of 1961;
| ||||||
13 | (c) any person who has had a bingo, pull tabs and jar | ||||||
14 | games , or charitable games
license revoked
by the | ||||||
15 | Department;
| ||||||
16 | (d) any person who is or has been a professional | ||||||
17 | gambler;
| ||||||
18 | (d-1) any person found gambling in a manner not | ||||||
19 | authorized by this Act,
the Illinois Pull Tabs and Jar | ||||||
20 | Games Act, or the Bingo License and Tax Act participating | ||||||
21 | in such gambling, or knowingly
permitting such gambling on | ||||||
22 | premises where an authorized charitable games event
is
| ||||||
23 | authorized to be conducted
being or has been conducted;
| ||||||
24 | (e) any business or organization in which a person | ||||||
25 | defined in (a), (b), (c), (d),
or
(d-1)
has a proprietary, |
| |||||||
| |||||||
1 | equitable, or credit interest, or in which the person
is | ||||||
2 | active or employed;
| ||||||
3 | (f) any business or organization in which a person | ||||||
4 | defined
in (a), (b), (c), (d), or (d-1) is an
officer, | ||||||
5 | director, or employee, whether compensated or not;
| ||||||
6 | (g) any organization in which a person defined in (a), | ||||||
7 | (b),
(c), (d), or (d-1) is to
participate in the management | ||||||
8 | or operation of charitable games.
| ||||||
9 | The Department of State Police shall provide the criminal | ||||||
10 | background of
any person requested by the Department of | ||||||
11 | Revenue.
| ||||||
12 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
13 | (230 ILCS 30/8) (from Ch. 120, par. 1128)
| ||||||
14 | Sec. 8. The conducting of charitable games is subject to | ||||||
15 | the following
restrictions:
| ||||||
16 | (1) The entire net proceeds from charitable games must | ||||||
17 | be exclusively
devoted to the lawful purposes of the | ||||||
18 | organization permitted to conduct
that game.
| ||||||
19 | (2) No person except a bona fide member or employee of | ||||||
20 | the
sponsoring organization, or a volunteer recruited by | ||||||
21 | the sponsoring
organization, may participate in the | ||||||
22 | management or operation of the
game.
A person participates | ||||||
23 | in the management or operation of a charitable game
when he | ||||||
24 | or she sells admission tickets at the event; sells, | ||||||
25 | redeems, or in any
way assists in the selling or redeeming |
| |||||||
| |||||||
1 | of chips, scrip, or play money;
participates in the
| ||||||
2 | conducting of any of the games played during the event, or | ||||||
3 | supervises, directs
or instructs anyone conducting a game; | ||||||
4 | or at any time during the hours of the
charitable games | ||||||
5 | event counts, handles, or supervises anyone counting or
| ||||||
6 | handling any of the proceeds or chips, scrip, or play money | ||||||
7 | at the event. A
person who is present to
ensure that the | ||||||
8 | games are being conducted in conformance with the rules
| ||||||
9 | established by the licensed organization or is present to | ||||||
10 | insure that the
equipment is working
properly is considered | ||||||
11 | to be participating in the management or operation of a
| ||||||
12 | game. Setting up, cleaning up, selling food and drink, or | ||||||
13 | providing security
for persons or property at the event | ||||||
14 | does not constitute participation in the
management or | ||||||
15 | operation of the game.
| ||||||
16 | Only bona fide members, volunteers as defined in | ||||||
17 | Section 2 of this Act, and
employees of the sponsoring | ||||||
18 | organization may participate in the management or
| ||||||
19 | operation of the games. Participation
A person who | ||||||
20 | participates in the management or
operation
of the games is | ||||||
21 | limited to no more than 4 charitable games events, either | ||||||
22 | of the sponsoring organization or any other licensed | ||||||
23 | organization, during a calendar year.
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 |
| |||||||
| |||||||
1 | indirectly from
any
source for participating in the | ||||||
2 | management or operation of the games, or who
has | ||||||
3 | participated in the management or operation of more than 4
| ||||||
4 | charitable games events in the calendar year, commits a | ||||||
5 | violation
of this Act. In addition, a licensed organization | ||||||
6 | that utilizes any person
described in the preceding | ||||||
7 | sentence
commits a violation of this Act.
| ||||||
8 | (3) No person may receive any remuneration or | ||||||
9 | compensation either
directly or
indirectly from any source | ||||||
10 | for
participating in the management or operation of the | ||||||
11 | game.
| ||||||
12 | (4) No single bet at any game may exceed $10.
| ||||||
13 | (5) A bank shall be established on the premises to | ||||||
14 | convert currency into
chips, scrip, or other form of play | ||||||
15 | money which shall then be used to play
at
games of chance | ||||||
16 | which the participant chooses. Chips, scrip, or play money
| ||||||
17 | must be permanently monogrammed with the logo of the | ||||||
18 | licensed organization or of the
supplier. Each participant | ||||||
19 | must be issued a receipt indicating the amount
of chips, | ||||||
20 | scrip, or play money purchased.
| ||||||
21 | (6) At the conclusion of the event or when the | ||||||
22 | participant leaves, he
may cash in his chips, scrip, or | ||||||
23 | play money in exchange for currency not to
exceed $250 | ||||||
24 | above the amount required to participate in the charitable | ||||||
25 | games event or noncash prizes. Each participant shall sign | ||||||
26 | for any receipt
of prizes. The licensee shall provide the |
| |||||||
| |||||||
1 | Department of Revenue with a
listing of all prizes awarded , | ||||||
2 | including th retail value of all prizes awarded .
| ||||||
3 | (7) Each licensee shall be permitted to conduct | ||||||
4 | charitable games on
not more than 4 days each year. Nothing | ||||||
5 | in this Section shall be construed to prohibit a licensee | ||||||
6 | that conducts charitable games on its own premises from | ||||||
7 | also obtaining a providers' license in accordance with | ||||||
8 | Section 7 of this Act.
| ||||||
9 | (8) Unless the provider of the premises is a | ||||||
10 | municipality, the
provider of the premises may not rent or | ||||||
11 | otherwise provide the
premises for the conducting of more | ||||||
12 | than 8 charitable games nights per year.
| ||||||
13 | (9) A charitable games event is considered to be a | ||||||
14 | one-day event and charitable
Charitable games may not be | ||||||
15 | played between the hours of 2:00 a.m.
and noon.
| ||||||
16 | (10) No person under the age of 18 years may play or | ||||||
17 | participate in the
conducting of charitable games. Any | ||||||
18 | person under the age of 18 years
may be within the area | ||||||
19 | where charitable games are being played only
when | ||||||
20 | accompanied by his parent or guardian.
| ||||||
21 | (11) No one other than the sponsoring organization
of | ||||||
22 | charitable games must have a proprietary
interest in the | ||||||
23 | game promoted.
| ||||||
24 | (12) Raffles or other forms of gambling prohibited by | ||||||
25 | law shall not be
conducted on the premises where charitable | ||||||
26 | games are being conducted.
|
| |||||||
| |||||||
1 | (13) Such games are not expressly prohibited by county
| ||||||
2 | ordinance for
charitable games conducted in the | ||||||
3 | unincorporated areas of the county or
municipal ordinance | ||||||
4 | for charitable games conducted in the municipality and
the | ||||||
5 | ordinance is filed with the Department of Revenue. The | ||||||
6 | Department
shall provide each county or municipality with a | ||||||
7 | list of organizations
licensed or subsequently authorized | ||||||
8 | by the Department to conduct
charitable games in their | ||||||
9 | jurisdiction.
| ||||||
10 | (14) The sale of tangible personal property at | ||||||
11 | charitable games is
subject to all State and local taxes | ||||||
12 | and obligations.
| ||||||
13 | (15) Each licensee may offer or conduct only the games
| ||||||
14 | listed
below,
which must be conducted in accordance with
| ||||||
15 | rules posted by the organization. The organization | ||||||
16 | sponsoring charitable
games shall promulgate rules, and | ||||||
17 | make printed copies available to
participants, for the | ||||||
18 | following games: (a) roulette; (b) blackjack; (c)
poker; | ||||||
19 | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||||||
20 | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | ||||||
21 | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | ||||||
22 | merchandise wheel. A licensee need not offer or
conduct | ||||||
23 | every game permitted by law.
The conducting of games not | ||||||
24 | listed above is prohibited by this Act.
| ||||||
25 | (16) No slot machines or coin-in-the-slot-operated | ||||||
26 | devices
that allow a participant to play games of chance |
| |||||||
| |||||||
1 | shall be permitted to be used at the location and during | ||||||
2 | the time at which the charitable games are being conducted
| ||||||
3 | based upon cards
or dice
shall be permitted to be used at | ||||||
4 | the location and during the time at which
the charitable | ||||||
5 | games are being conducted .
| ||||||
6 | (17) No cards, dice, wheels, or other equipment may be | ||||||
7 | modified or
altered
so as to give the licensee a greater | ||||||
8 | advantage in winning, other than as
provided under the | ||||||
9 | normal rules of play of a particular game.
| ||||||
10 | (18) No credit shall be extended to any of the | ||||||
11 | participants.
| ||||||
12 | (19) (Blank).
No person may participate in the | ||||||
13 | management or operation of games
at more than 4 charitable | ||||||
14 | games events in any calendar year.
| ||||||
15 | (20) A supplier may have only one representative | ||||||
16 | present at the charitable
games event, for the exclusive | ||||||
17 | purpose of ensuring that its equipment is not
damaged.
| ||||||
18 | (21) No employee, owner, or officer of a consultant | ||||||
19 | service hired by a
licensed organization to perform | ||||||
20 | services at the event including, but not
limited to, | ||||||
21 | security for
persons or property at the event or services | ||||||
22 | before the event including, but
not limited to, training | ||||||
23 | for volunteers
or advertising may participate in the | ||||||
24 | management or operation of the games.
| ||||||
25 | (22) (Blank).
Volunteers as defined in Section 2 of | ||||||
26 | this Act and bona fide
members
and
employees of a |
| |||||||
| |||||||
1 | sponsoring organization may not receive remuneration or
| ||||||
2 | compensation, either directly or indirectly from any | ||||||
3 | source, for participating
in the management or operation of | ||||||
4 | games. They may participate in the
management or operation | ||||||
5 | of no more than 4 charitable games events, either of
the | ||||||
6 | sponsoring organization or any other licensed | ||||||
7 | organization, during a
calendar year.
| ||||||
8 | Nothing in this Section shall be construed to prohibit a | ||||||
9 | licensee that
conducts charitable games on its own premises | ||||||
10 | from also obtaining a
providers' license in accordance with | ||||||
11 | Section 5.1.
| ||||||
12 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
13 | (230 ILCS 30/9) (from Ch. 120, par. 1129)
| ||||||
14 | Sec. 9. There shall be paid to the Department of Revenue, | ||||||
15 | 3% of the
gross proceeds of charitable games conducted under | ||||||
16 | the provisions
of this Act. Such payments shall be made within | ||||||
17 | 30 days after the
completion of the games. Payment must be by | ||||||
18 | money order or certified
check. Accompanying each payment shall | ||||||
19 | be a return
report , on forms prescribed
provided by
the | ||||||
20 | Department of Revenue , listing the games conducted, the gross | ||||||
21 | income
derived and such other information as the Department of | ||||||
22 | Revenue may
require . Failure to submit either the payment or | ||||||
23 | the return
report within the
specified time may result in | ||||||
24 | suspension or revocation of the license . Tax returns filed | ||||||
25 | pursuant to this Act shall not be confidential and shall be |
| |||||||
| |||||||
1 | available for public inspection.
and
may be used in future | ||||||
2 | considerations for renewal of the license.
| ||||||
3 | The provisions of Section 2a of the Retailers' Occupation | ||||||
4 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
5 | security are incorporated by reference
into this Act and are | ||||||
6 | applicable to licensees under this Act as a precondition
of | ||||||
7 | obtaining a license under this Act. For purposes of this Act | ||||||
8 | gross
proceeds shall be defined as all chips, scrip or other | ||||||
9 | form of play money
purchased or any fee or donation for | ||||||
10 | admission or entry into such games.
The Department shall | ||||||
11 | establish by rule the standards and criteria it will
use in | ||||||
12 | determining whether to require the furnishing of a bond or | ||||||
13 | other
security, the amount of such bond or other security, | ||||||
14 | whether to require the
furnishing of an additional bond or | ||||||
15 | other security by a licensee, and the
amount of such additional | ||||||
16 | bond or other security. Such standards and
criteria may include | ||||||
17 | payment history, general financial condition or other
factors | ||||||
18 | which may pose risks to insuring the payment to the Department | ||||||
19 | of
Revenue, of applicable taxes. Such rulemaking is subject to | ||||||
20 | the provisions
of the Illinois Administrative Procedure Act.
| ||||||
21 | The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, | ||||||
22 | 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | ||||||
23 | Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and | ||||||
24 | Interest Act,
which are not inconsistent with this Act shall | ||||||
25 | apply, as far as
practicable, to the subject matter of this Act | ||||||
26 | to the same extent as if
such provisions were included in this |
| |||||||
| |||||||
1 | Act. Financial reports filed pursuant
to this Act shall not be | ||||||
2 | confidential and shall be available for public
inspection. For | ||||||
3 | the purposes of this Act, references in such incorporated
| ||||||
4 | Sections of the Retailers' Occupation Tax Act to retailers, | ||||||
5 | sellers or
persons engaged in the business of selling tangible | ||||||
6 | personal property means
persons engaged in conducting | ||||||
7 | charitable games, and references in such
incorporated Sections | ||||||
8 | of the Retailers' Occupation Tax Act to sales of
tangible | ||||||
9 | personal property mean the conducting of charitable games and | ||||||
10 | the
making of charges for playing such games.
| ||||||
11 | All payments made to Department of Revenue
of the sums | ||||||
12 | collected under this Section shall be deposited
into the | ||||||
13 | Illinois Gaming Law Enforcement Fund of the State Treasury.
| ||||||
14 | (Source: P.A. 87-205; 87-895 .)
| ||||||
15 | (230 ILCS 30/10) (from Ch. 120, par. 1130)
| ||||||
16 | Sec. 10. Each licensee if
must keep a complete record of | ||||||
17 | charitable games
conducted
within the previous 3 years. Such | ||||||
18 | record shall be open to
inspection by
any employee of the | ||||||
19 | Department of Revenue during reasonable business
hours. Any
| ||||||
20 | employee of the Department may visit the premises and inspect | ||||||
21 | such
record
during, and for a reasonable time before and after, | ||||||
22 | charitable games.
Gross proceeds of charitable games shall be | ||||||
23 | segregated from other revenues
of the licensee, including bingo | ||||||
24 | receipts, and shall be placed in a
separate account.
| ||||||
25 | The Department may require that any person, organization or |
| |||||||
| |||||||
1 | corporation
licensed under this Act obtain from an Illinois | ||||||
2 | certified public accounting
firm at its own expense a certified | ||||||
3 | and unqualified financial statement
and verification of | ||||||
4 | records of such organization.
Failure of a charitable games | ||||||
5 | licensee to comply with this requirement within
90
days of | ||||||
6 | receiving notice from the Department may
result in suspension | ||||||
7 | or revocation of the licensee's license and forfeiture
of all | ||||||
8 | proceeds .
| ||||||
9 | The Department of Revenue may, at its discretion, suspend | ||||||
10 | or
shall
revoke
any license if
when it finds that the licensee | ||||||
11 | or any person
connected therewith
has violated or is violating | ||||||
12 | the provisions of this Act
or any rule promulgated under this | ||||||
13 | Act . However, in his or her
discretion, the
Director may review | ||||||
14 | the offenses subjecting the licensee to revocation and
may | ||||||
15 | issue a suspension. The decision to reduce a revocation to a | ||||||
16 | suspension,
and
the duration of the suspension, shall be made | ||||||
17 | by taking into account factors
that include, but are not | ||||||
18 | limited to, the licensee's previous history of
compliance with
| ||||||
19 | the Act and its rules, the number, seriousness, and duration of | ||||||
20 | the
violations,
and the licensee's cooperation in | ||||||
21 | discontinuing and correcting the violations.
Violations of | ||||||
22 | Sections 4, 5, 6, 7, and subsection (2) of Section 8 of this | ||||||
23 | Act
are considered to be more serious in nature than other | ||||||
24 | violations under this
Act . A
revocation or suspension shall be | ||||||
25 | in addition to, and not in lieu of, any other
civil penalties | ||||||
26 | or assessments that are authorized by this Act. No licensee
|
| |||||||
| |||||||
1 | under
this Act, while a charitable game is being conducted, | ||||||
2 | shall knowingly permit
the entry into any part of the licensed | ||||||
3 | premises by any person
who has been convicted of a violation of
| ||||||
4 | Article 28 of the Criminal Code of 1961.
| ||||||
5 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
6 | (230 ILCS 30/12) (from Ch. 120, par. 1132)
| ||||||
7 | Sec. 12. Penalties.
| ||||||
8 | (a) Any person who conducts or knowingly participates in an
| ||||||
9 | unlicensed charitable game commits the offense of gambling in | ||||||
10 | violation of
Section 28-1 of the Criminal Code of 1961, as | ||||||
11 | amended. Any person who
violates any provision of this Act, or | ||||||
12 | any person who fails to file a
charitable games return or who
| ||||||
13 | files a fraudulent return
or application under this Act, or any | ||||||
14 | person who willfully
knowingly
violates any rule or regulation | ||||||
15 | of the Department for the
administration
and enforcement of | ||||||
16 | this Act, or any officer or agent of an organization
or a | ||||||
17 | corporation
licensed under this Act who signs a fraudulent | ||||||
18 | return or application filed
on behalf of
such an organization | ||||||
19 | or corporation , is guilty of a Class
A misdemeanor. Any second | ||||||
20 | or subsequent violation of this Act constitutes
a Class 4 | ||||||
21 | felony.
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22 | (2) Any organization that illegally conducts charitable | ||||||
23 | games, in addition to other penalties provided for in this Act, | ||||||
24 | shall be subject to a civil penalty equal to the amount of | ||||||
25 | gross proceeds derived from those unlicensed games, as well as |
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1 | confiscation and forfeiture of all charitable games equipment | ||||||
2 | used in the conduct of those unlicensed games. | ||||||
3 | (3) Any organization licensed to conduct charitable games | ||||||
4 | that allows any form of illegal gambling to be conducted on the | ||||||
5 | premises where charitable games are being conducted, in | ||||||
6 | addition to other penalties provided for in this Act, shall be | ||||||
7 | subject to a civil penalty equal to the amount of gross | ||||||
8 | proceeds derived on that day from charitable games and any | ||||||
9 | illegal game that may have been conducted, as well as | ||||||
10 | confiscation and forfeiture of all charitable games equipment | ||||||
11 | used in the conduct of any unlicensed or illegal games. | ||||||
12 | (4) Any person who violates any provision of this Act or | ||||||
13 | knowingly violates any rule of the Department for the | ||||||
14 | administration of this Act, in addition to other penalties | ||||||
15 | provided, shall be subject to a civil penalty not to exceed | ||||||
16 | $250 for each separate violation. | ||||||
17 | (5) No person shall sell, lease, or distribute for | ||||||
18 | compensation within this State, or possess with intent to sell, | ||||||
19 | lease, or distribute for compensation within this State, any | ||||||
20 | chips, representations of money, wheels, or any devices or | ||||||
21 | equipment designed for use or used in the play of charitable | ||||||
22 | games without first having obtained a license to do so from the | ||||||
23 | Department of Revenue. Any person that knowingly violates this | ||||||
24 | paragraph is guilty of a Class A misdemeanor, the fine for | ||||||
25 | which shall not exceed $50,000.
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26 | (Source: P.A. 94-986, eff. 6-30-06.)
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1 | (230 ILCS 30/14.1 new)
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2 | Sec. 14.1. Severability. If any clause, sentence, section, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | provision, or part of this Act, or the application thereof to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | any person or circumstance, shall be adjudged to be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | unconstitutional, the remainder of this Act or its application | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | to persons or circumstances other than those to which it is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | held invalid shall not be affected thereby.
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8 | (230 ILCS 25/4.1 rep.)
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9 | (230 ILCS 25/4.2 rep.)
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10 | Section 20. The Bingo License and Tax Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | repealing Sections 4.1 and 4.2.
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12 | (230 ILCS 30/11 rep.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 25. The Charitable Games Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | repealing Section 11. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 99. Effective date. This Act takes effect July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | 2007.
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