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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pull Tabs and Jar Games Act is | ||||||
5 | amended by changing Sections 1.1, 2, 3, 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:
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7 | (230 ILCS 20/1.1) (from Ch. 120, par. 1051.1)
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8 | Sec. 1.1. Definitions. As used in this Act:
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9 | "Pull tabs" and "jar games" means a game
using | ||||||
10 | single-folded or banded tickets or a card, the face of which is
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11 | initially covered or otherwise hidden from view in order to | ||||||
12 | conceal a number,
symbol or set of symbols, some of which are | ||||||
13 | winners. Players with winning
tickets receive a prize stated on | ||||||
14 | a promotional display or "flare". Pull
tabs also means a game | ||||||
15 | in which prizes are won by pulling a tab from a
board thereby | ||||||
16 | revealing a number which corresponds to the number for a given
| ||||||
17 | prize.
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18 | Each winning pull tab or slip shall be predetermined. The | ||||||
19 | right to
participate in such games shall not
cost more than $2. | ||||||
20 | No single prize shall
exceed $500. There shall be no more than | ||||||
21 | 6,000
tickets in a game.
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22 | "Pull tabs and jar games", as used in this Act, does not | ||||||
23 | include the
following: numbers, policy, bolita or similar |
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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.
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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.
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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 |
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| |||||||
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.
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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)
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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
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20 | any of the following:
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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 |
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1 | veterans' organization organized in
Illinois which | ||||||
2 | operates without profit to its members, which has been in
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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.
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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 (4) 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.
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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.
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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:
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20 | (a) any person who has been convicted of a felony within 10 | ||||||||||||||||||||||||||
21 | years of the
date of the application;
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22 | (b) any person who has been convicted of a violation of | ||||||||||||||||||||||||||
23 | Article 28 of
the "Criminal Code of 1961";
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24 | (c) any person who has had a pull tabs and jar games, bingo | ||||||||||||||||||||||||||
25 | or
charitable games license revoked by the Department;
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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.
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10 | The Department of State Police shall provide the criminal | ||||||
11 | background of
any supplier as requested by the Department of | ||||||
12 | Revenue.
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13 | (Source: P.A. 86-703; 87-1271.)
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14 | (230 ILCS 20/2.1 new)
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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 |
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1 | gambler.
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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)
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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 |
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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.
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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.
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21 | (5) Any organization qualified for a license but not | ||||||
22 | holding one, may
upon application and payment of a | ||||||
23 | nonrefundable fee of $50 receive a limited license
special | ||||||
24 | permit to
conduct pull tabs or jar games at no more than 2 | ||||||
25 | indoor or outdoor
festivals in a year for a maximum of 5 | ||||||
26 | consecutive days on each occasion. No more than 2 limited |
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1 | licenses
permits
under this subsection may be issued to any | ||||||
2 | organization in any year. The limited license shall be | ||||||
3 | prominently displayed at the site where pull tabs or jar games | ||||||
4 | are sold.
| ||||||
5 | (Source: P.A. 86-703.)
| ||||||
6 | (230 ILCS 20/3.1 new)
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7 | Sec. 3.1. Suppliers' license. The Department shall issue a | ||||||
8 | suppliers' license permitting a person, firm or corporation to | ||||||
9 | sell or distribute to any organization licensed to conduct pull | ||||||
10 | tabs and jar games supplies, devices or other equipment | ||||||
11 | designed for use in the playing of pull tabs and jar games. No | ||||||
12 | person, firm or corporation shall sell or distribute pull tabs | ||||||
13 | and jar games supplies without having first obtained a license. | ||||||
14 | Licensed suppliers shall buy pull tabs and jar games only from | ||||||
15 | licensed manufacturers and shall sell pull tabs and jar games | ||||||
16 | only to licensed organizations. Licensed organizations shall | ||||||
17 | buy pull tabs and jar games only from licensed suppliers. | ||||||
18 | Applications for suppliers' licenses shall be made in writing | ||||||
19 | in accordance with Department rules. The Department shall | ||||||
20 | license suppliers of pull tabs and jar games subject to a | ||||||
21 | nonrefundable annual fee of $5,000, or a nonrefundable | ||||||
22 | triennial supplier's fee of $15,000. Each suppliers' license is | ||||||
23 | valid for one year from date of issuance, or 3 years from date | ||||||
24 | of issuance for a triennial license, unless extended, | ||||||
25 | suspended, or revoked by Department action before that date. |
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1 | Any extension of a suppliers' license shall not exceed one | ||||||
2 | year. No licensed supplier under this Act shall sell, | ||||||
3 | distribute or allow the use of any supplies, devices or | ||||||
4 | equipment designed for use in the play of pull tabs and jar | ||||||
5 | games for the conducting of anything other than pull tabs and | ||||||
6 | jar games or to any person or organization not otherwise | ||||||
7 | licensed under this Act. | ||||||
8 | The Department shall adopt by rule minimum quality | ||||||
9 | production standards for pull tabs and jar games. In | ||||||
10 | determining those standards, the Department shall consider the | ||||||
11 | standards adopted by the National Association of Gambling | ||||||
12 | Regulatory Agencies and the National Association of | ||||||
13 | Fundraising Ticket Manufacturers. The standards shall include | ||||||
14 | the name of the supplier which shall appear in plain view to | ||||||
15 | the casual observer on the face side of each pull tab ticket | ||||||
16 | and on each jar game ticket. The pull tab ticket shall contain | ||||||
17 | the name of the game, the selling price of the ticket, the | ||||||
18 | amount of the prize and the serial number of the ticket. The | ||||||
19 | back side of a pull tab ticket shall contain a series of | ||||||
20 | perforated tabs marked "open here". The logo of the | ||||||
21 | manufacturer shall be clearly visible on each jar game ticket. | ||||||
22 | (230 ILCS 20/3.2 new)
| ||||||
23 | Sec. 3.2. Manufacturers' license. The Department shall | ||||||
24 | issue a manufacturers' license permitting a person, firm or | ||||||
25 | corporation that produces, creates, constructs, assembles or |
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| |||||||
1 | otherwise manufactures pull tab and jar games to sell or | ||||||
2 | distribute to any organization licensed to supply pull tabs and | ||||||
3 | jar games. No person, firm or corporation shall produce, | ||||||
4 | create, construct, assemble or otherwise manufacture pull tab | ||||||
5 | and jar games without having first obtained a license. Licensed | ||||||
6 | manufacturers may sell pull tabs and jar games only to licensed | ||||||
7 | suppliers. Applications for manufacturers' licenses shall be | ||||||
8 | made in writing in accordance with Department rules. The | ||||||
9 | Department of Revenue shall license manufacturers of pull tabs | ||||||
10 | and jar games subject to a nonrefundable annual fee of $5,000, | ||||||
11 | or a triennial supplier's license fee of $15,000. Each | ||||||
12 | manufacturers' license is valid for one year from date of | ||||||
13 | issuance, or 3 years from date of issuance for a triennial | ||||||
14 | license, unless extended, suspended, or revoked by Department | ||||||
15 | action before that date. Any extension of a manufacturers' | ||||||
16 | license shall not exceed one year. | ||||||
17 | The Department shall adopt by rule minimum quality | ||||||
18 | production standards for pull tabs and jar games. In | ||||||
19 | determining those standards, the Department shall consider the | ||||||
20 | standards adopted by the National Association of Gambling | ||||||
21 | Regulatory Agencies and the National Association of | ||||||
22 | Fundraising Ticket Manufacturers. The standards shall include | ||||||
23 | the name of the supplier which shall appear in plain view to | ||||||
24 | the casual observer on the face side of each pull tab ticket | ||||||
25 | and on each jar game ticket. The pull tab ticket shall contain | ||||||
26 | the name of the game, the selling price of the ticket, the |
| |||||||
| |||||||
1 | amount of the prize and the serial number of the ticket. The | ||||||
2 | back side of a pull tab ticket shall contain a series of | ||||||
3 | perforated tabs marked "open here". The logo of the | ||||||
4 | manufacturer shall be clearly visible on each jar game ticket.
| ||||||
5 | (230 ILCS 20/4) (from Ch. 120, par. 1054)
| ||||||
6 | Sec. 4. The conducting of pull tabs and jar games is | ||||||
7 | subject to the
following restrictions:
| ||||||
8 | (1) The entire net proceeds of any pull tabs or jar games, | ||||||
9 | except as
otherwise approved in this Act, must be exclusively | ||||||
10 | devoted to the lawful
purposes of the organization permitted to | ||||||
11 | conduct such drawings.
| ||||||
12 | (2) No person except a bona fide member or employee of the | ||||||
13 | sponsoring
organization may participate in the management or | ||||||
14 | operation of such pull
tabs or jar games; however, nothing | ||||||
15 | herein shall conflict with pull tabs
and jar games conducted | ||||||
16 | under the provisions of the Charitable Games Act.
| ||||||
17 | (3) No person may receive any remuneration or profit for | ||||||
18 | participating
in the management or operation of such pull tabs | ||||||
19 | or jar games; however,
nothing herein shall conflict with pull | ||||||
20 | tabs and jar games conducted under
the provisions of the | ||||||
21 | Charitable Games Act.
| ||||||
22 | (4) The price paid for a single chance or right to | ||||||
23 | participate in a game
licensed under this Act shall not exceed | ||||||
24 | $2. No single prize shall exceed $500. There shall be no more | ||||||
25 | than 6,000 tickets in a game. The aggregate value of
all
prizes |
| |||||||
| |||||||
1 | or merchandise awarded in any single day of pull tabs and jar | ||||||
2 | games
shall not exceed $5,000 , except that in adjoining | ||||||
3 | counties
having 200,000
to 275,000 inhabitants each, and in | ||||||
4 | counties which are adjacent to either
of such adjoining | ||||||
5 | counties and are adjacent to total of not more than 2
counties | ||||||
6 | in this State, the value of all prizes or merchandise awarded | ||||||
7 | may
not exceed $5,000 in a single day .
| ||||||
8 | (5) No person under the age of 18 years shall play or | ||||||
9 | participate in
games under this Act. A person under the age of | ||||||
10 | 18 years may be within the
area where pull tabs and jar games | ||||||
11 | are being conducted only when
accompanied by his parent or | ||||||
12 | guardian.
| ||||||
13 | (6) Pull tabs and jar games shall be conducted only on | ||||||
14 | premises owned or
occupied by licensed organizations and used | ||||||
15 | by its members for general
activities, or on premises owned or | ||||||
16 | rented for conducting the game of
bingo, or as permitted in | ||||||
17 | subsection (4) of Section 3.
| ||||||
18 | (Source: P.A. 90-536, eff. 1-1-98; 90-808, eff. 12-1-98.)
| ||||||
19 | (230 ILCS 20/5) (from Ch. 120, par. 1055)
| ||||||
20 | Sec. 5. There shall be paid to the Department of Revenue 5% | ||||||
21 | of the
gross proceeds of any pull tabs and jar games conducted
| ||||||
22 | under this Act. Such payments shall be made 4 times per year, | ||||||
23 | between the
first and the 20th day of April, July, October and | ||||||
24 | January. Payment must
be made by money order or certified | ||||||
25 | check. Accompanying each payment shall
be a return, on forms |
| |||||||
| |||||||
1 | prescribed by the Department of Revenue
report, on forms | ||||||
2 | provided by the Department of Revenue, listing the
number of | ||||||
3 | drawings conducted, the gross income derived therefrom and such
| ||||||
4 | other information as the Department of Revenue may require . | ||||||
5 | Failure to
submit either the payment or the return
report
| ||||||
6 | within the specified time shall
result in suspension or
| ||||||
7 | automatic revocation of the license. Tax returns filed pursuant | ||||||
8 | to this Act shall not be confidential and shall be available | ||||||
9 | for public inspection. All payments made to the
Department of | ||||||
10 | Revenue under this Act shall be deposited as follows:
| ||||||
11 | (a) 50% shall be deposited in the Common School Fund; and
| ||||||
12 | (b) 50% shall be deposited in the Illinois Gaming Law | ||||||
13 | Enforcement Fund.
Of the monies deposited in the Illinois | ||||||
14 | Gaming Law Enforcement Fund under
this Section, the General | ||||||
15 | Assembly shall appropriate two-thirds to the
Department of | ||||||
16 | Revenue, Department of State Police and the Office of the
| ||||||
17 | Attorney General for State law enforcement purposes, and | ||||||
18 | one-third shall be
appropriated to the Department of Revenue | ||||||
19 | for the purpose of distribution
in the form of grants to | ||||||
20 | counties or municipalities for law enforcement
purposes. The | ||||||
21 | amounts of grants to counties or municipalities shall bear
the | ||||||
22 | same ratio as the number of licenses issued in counties or
| ||||||
23 | municipalities bears to the total number of licenses issued in | ||||||
24 | the State.
In computing the number of licenses issued in a | ||||||
25 | county, licenses issued for
locations within a municipality's | ||||||
26 | boundaries shall be excluded.
|
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| |||||||
1 | The Department of Revenue shall license suppliers and | ||||||
2 | manufacturers of
pull tabs and jar games at an annual fee of | ||||||
3 | $5,000. Suppliers and
manufacturers shall meet the | ||||||
4 | requirements and qualifications established by
rule by the | ||||||
5 | Department. Licensed manufacturers shall sell pull tabs and
jar | ||||||
6 | games only to licensed suppliers. Licensed suppliers shall buy | ||||||
7 | pull
tabs and jar games only from licensed manufacturers and | ||||||
8 | shall sell pull
tabs and jar games only to licensed | ||||||
9 | organizations. Licensed organizations
shall buy pull tabs and | ||||||
10 | jar games only from licensed suppliers.
| ||||||
11 | The Department of Revenue shall adopt by rule minimum | ||||||
12 | quality production
standards for pull tabs and jar games. In | ||||||
13 | determining such standards, the
Department shall consider the | ||||||
14 | standards adopted by the National Association
of Gambling | ||||||
15 | Regulatory Agencies and the National Association of | ||||||
16 | Fundraising
Ticket Manufacturers. Such standards shall include | ||||||
17 | the name of the supplier
which shall appear in plain view to | ||||||
18 | the casual observer on the face side of
each pull tab ticket | ||||||
19 | and on each jar game ticket. The pull tab
ticket shall contain | ||||||
20 | the name of the game, the selling price of the ticket,
the | ||||||
21 | amount of the prize and the serial number of the ticket. The | ||||||
22 | back side
of a pull tab ticket shall contain a series of | ||||||
23 | perforated tabs marked "open
here". The logo of the | ||||||
24 | manufacturer shall be clearly
visible on each jar game ticket.
| ||||||
25 | The Department of Revenue shall adopt rules necessary to | ||||||
26 | provide for the
proper accounting and control of activities |
| |||||||
| |||||||
1 | under this Act, to ensure that
the proper taxes are paid, that | ||||||
2 | the proceeds from the activities under this
Act are used | ||||||
3 | lawfully, and to prevent illegal activity associated with the
| ||||||
4 | use of pull tabs and jar games.
| ||||||
5 | The provisions of Section 2a of the Retailers' Occupation | ||||||
6 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
7 | security are incorporated by reference
into this Act and are | ||||||
8 | applicable to licensees under this Act as a precondition
of | ||||||
9 | obtaining a license under this Act. The provisions of Sections | ||||||
10 | 4, 5,
5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, | ||||||
11 | 9, 10, 11 and
12 of the Retailers' Occupation Tax Act, and | ||||||
12 | Section 3-7
of the Uniform Penalty and Interest Act, which are | ||||||
13 | not inconsistent
with this Act shall apply, as far as | ||||||
14 | practicable, to the subject matter
of this Act to the same | ||||||
15 | extent as if such provisions were included in this
Act. For the | ||||||
16 | purposes of this Act, references in such incorporated Sections
| ||||||
17 | of the Retailers' Occupation Tax Act to retailers, sellers or | ||||||
18 | persons
engaged in the business of selling tangible personal | ||||||
19 | property means persons
engaged in conducting pull tabs and jar | ||||||
20 | games and references in such
incorporated Sections of the | ||||||
21 | Retailers' Occupation Tax Act to sales of
tangible personal | ||||||
22 | property mean the conducting of pull tabs and jar games
and the | ||||||
23 | making of charges for participating in such drawings.
| ||||||
24 | (Source: P.A. 87-205; 87-895 .)
| ||||||
25 | (230 ILCS 20/6) (from Ch. 120, par. 1056)
|
| |||||||
| |||||||
1 | Sec. 6. Each licensee must keep a complete record of pull | ||||||
2 | tabs and jar
games conducted within the previous 3 years in | ||||||
3 | accordance with rules
therefor adopted by the Department of | ||||||
4 | Revenue . Such record shall be available for
inspection by any | ||||||
5 | employee of the Department of Revenue during reasonable
| ||||||
6 | business hours. The Department may require that any person, | ||||||
7 | organization, or corporation licensed under this Act obtain | ||||||
8 | from an Illinois certified public accounting firm at its own | ||||||
9 | expense a certified and unqualified financial statement and | ||||||
10 | verification of records of such organization. Failure of a pull | ||||||
11 | tabs and jar games licensee to comply with this requirement | ||||||
12 | within 90 days of receiving notice from the Department may | ||||||
13 | result in suspension or revocation of the licensee's license.
| ||||||
14 | The Department of Revenue may, at its discretion, suspend or
| ||||||
15 | revoke
any license if it finds that the licensee or any person | ||||||
16 | connected therewith
has violated or is violating this Act or | ||||||
17 | that such drawings are or have
been conducted by a person or | ||||||
18 | persons of questionable character or affiliation .
A suspension | ||||||
19 | or revocation shall be in addition to, and not in lieu of, any | ||||||
20 | other civil penalties or assessments that are authorized by | ||||||
21 | this Act. No licensee under this Act, while pull tabs and jar | ||||||
22 | games chances are being
conducted, shall knowingly permit entry | ||||||
23 | to any part of the licensed premises
by
to any person
who has | ||||||
24 | been convicted
of a felony or a violation of Article 28 of the | ||||||
25 | Criminal Code of 1961.
| ||||||
26 | (Source: P.A. 85-1012.)
|
| |||||||
| |||||||
1 | (230 ILCS 20/7) (from Ch. 120, par. 1057)
| ||||||
2 | Sec. 7. Violations.
| ||||||
3 | (a) Any person who conducts or knowingly participates in an | ||||||
4 | unlicensed pull tabs and jar game commits the offense of | ||||||
5 | gambling in violation of Section 28-1 of the Criminal Code of | ||||||
6 | 1961, as amended. Any person who violates any other provision | ||||||
7 | of this Act, or any person who knowingly fails to file a pull | ||||||
8 | tabs and jar games return or who knowingly files a fraudulent | ||||||
9 | application or return under this Act, or any person who | ||||||
10 | wilfully violates any rule or regulation of the Department for | ||||||
11 | the administration and enforcement of this Act, or any officer | ||||||
12 | or agent of an organization licensed under this Act who signs a | ||||||
13 | fraudulent application or return filed on behalf of such an | ||||||
14 | organization, is guilty of a Class A misdemeanor. | ||||||
15 | (b) Any organization that illegally conducts pull tabs or | ||||||
16 | jar games, in addition to other penalties provided for in this | ||||||
17 | Act, shall be subject to a civil penalty equal to the amount of | ||||||
18 | gross proceeds derived from those unlicensed games, as well as | ||||||
19 | confiscation and forfeiture of all pull tabs and jar games | ||||||
20 | equipment used in the conduct of those unlicensed games. | ||||||
21 | (c) Any organization licensed to conduct pull tabs and jar | ||||||
22 | games which allows any form of illegal gambling to be conducted | ||||||
23 | on the premises where pull tabs and jar games are being | ||||||
24 | conducted, in addition to other penalties provided for in this | ||||||
25 | Act, shall be subject to a civil penalty equal to the amount of |
| |||||||
| |||||||
1 | gross proceeds derived on that day from pull tabs and jar games | ||||||
2 | and any illegal game that may have been conducted, as well as | ||||||
3 | confiscation and forfeiture of all pull tabs and jar games | ||||||
4 | equipment used in the conduct of any unlicensed or illegal | ||||||
5 | games.
Any person who violates this Act, or any person
who | ||||||
6 | files a fraudulent return under this Act, or any person who | ||||||
7 | wilfully
violates any rule or regulation of the Department for | ||||||
8 | the administration
and enforcement of this Act, or any officer | ||||||
9 | or agent of a corporation licensed
under this Act who signs a | ||||||
10 | fraudulent return filed on behalf of such corporation,
is | ||||||
11 | guilty of a Class A misdemeanor.
| ||||||
12 | (Source: P.A. 85-1012.)
| ||||||
13 | (230 ILCS 20/7.1 new)
| ||||||
14 | Sec. 7.1. Law enforcement action. Any law enforcement | ||||||
15 | agency that takes action relating to the operation of pull tabs | ||||||
16 | and jar games shall notify the Department of Revenue and | ||||||
17 | specify the extent of the action taken and the reasons for its | ||||||
18 | action. | ||||||
19 | (230 ILCS 20/7.2 new)
| ||||||
20 | Sec. 7.2. Application of the Illinois Administrative | ||||||
21 | Procedure Act. The Illinois Administrative Procedure Act shall | ||||||
22 | apply to all administrative rules and procedures of the | ||||||
23 | Department of Revenue under this Act, except that (1) paragraph | ||||||
24 | (b) of Section 5-10 of the Illinois Administrative Procedure |
| |||||||
| |||||||
1 | Act does not apply to final orders, decisions and opinions of | ||||||
2 | the Department, (2) subparagraph (a)(ii) of Section 5-10 of the | ||||||
3 | Illinois Administrative Procedure Act does not apply to forms | ||||||
4 | established by the Department for use under this Act, (3) the | ||||||
5 | provisions of Section 10-45 of the Illinois Administrative | ||||||
6 | Procedure Act regarding proposals for decision are excluded and | ||||||
7 | not applicable to the Department under this Act, and (4) the | ||||||
8 | provisions of subsection (d) of Section 10-65 of the Illinois | ||||||
9 | Administrative Procedure Act do not apply so as to prevent | ||||||
10 | summary suspension of any license pending revocation or other | ||||||
11 | action, which suspension shall remain in effect unless modified | ||||||
12 | by the Department or unless the Department's decision is | ||||||
13 | reversed on the merits in proceedings conducted pursuant to the | ||||||
14 | Administrative Review Law. | ||||||
15 | (230 ILCS 20/7.3 new)
| ||||||
16 | Sec. 7.3. Severability. If any clause, sentence, Section, | ||||||
17 | provision, or part of this Act, or the application thereof to | ||||||
18 | any person or circumstance, shall be adjudged to be | ||||||
19 | unconstitutional, the remainder of this Act or its application | ||||||
20 | to persons or circumstances other than those to which it is | ||||||
21 | held invalid shall not be affected thereby.
| ||||||
22 | Section 10. The Bingo License and Tax Act is amended by | ||||||
23 | changing Sections 1, 2, 3, 4, 5, and 5.1 and by adding Sections | ||||||
24 | 1.1, 1.2, 1.3, 1.4, 1.5, and 5.2 as follows: |
| |||||||
| |||||||
1 | (230 ILCS 25/1) (from Ch. 120, par. 1101)
| ||||||
2 | Sec. 1. The Department of Revenue shall, upon application | ||||||
3 | therefor on
forms prescribed by the
such Department, and upon | ||||||
4 | the payment of a nonrefundable
an
annual fee
of $200 or a | ||||||
5 | triennial fee of $600 , and
upon a determination by the
| ||||||
6 | Department that the applicant meets
all of the qualifications | ||||||
7 | specified in this Act
Section , issue a bingo license for
the | ||||||
8 | conducting of bingo to any of the following: any bona fide | ||||||
9 | religious, charitable, labor,
fraternal, youth athletic, | ||||||
10 | senior citizen, educational or veterans'
organization | ||||||
11 | organized in Illinois which operates without profit to its
| ||||||
12 | members, which has been in existence in Illinois continuously | ||||||
13 | for a period
of 5 years immediately before making application | ||||||
14 | for a license and which
has had during that entire 5 year | ||||||
15 | period a bona fide membership engaged in
carrying out its | ||||||
16 | objects. However, the 5 year requirement shall be
reduced to 2 | ||||||
17 | years, as applied to a local organization which is affiliated
| ||||||
18 | with and chartered by a national organization which meets the 5 | ||||||
19 | year
requirement. Each annual license expires at midnight, June | ||||||
20 | 30 following
its date
of issuance, except that, beginning with | ||||||
21 | applicants whose licenses expire
on June 30, 1983, the | ||||||
22 | Department shall stagger license expiration dates by
dividing | ||||||
23 | the applicants into 4 groups which are substantially equal in
| ||||||
24 | number. Licenses issued and license fees charged to applicants | ||||||
25 | in each
group shall be in accordance with the following |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | schedule:
| ||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
7 | Each
Following expiration under this schedule, each renewed
| ||||||||||||||||||||||||||
8 | license shall be
in effect for one year from its date of | ||||||||||||||||||||||||||
9 | issuance unless extended, suspended , or revoked
by Department | ||||||||||||||||||||||||||
10 | action before that date. The Department may provide by rule for | ||||||||||||||||||||||||||
11 | an extension of any bingo license issued under this Act. Any | ||||||||||||||||||||||||||
12 | extension provided shall not exceed one year. A licensee may | ||||||||||||||||||||||||||
13 | hold only one license to conduct bingo and that license is | ||||||||||||||||||||||||||
14 | valid for only one location. The Department may authorize by | ||||||||||||||||||||||||||
15 | rule the filing by electronic means of any application, | ||||||||||||||||||||||||||
16 | license, permit, return, or registration required under this | ||||||||||||||||||||||||||
17 | Act. All taxes and fees imposed by this Act, unless otherwise | ||||||||||||||||||||||||||
18 | specified, shall be paid into the General Revenue Fund of the | ||||||||||||||||||||||||||
19 | State Treasury.
After June 30, 1983, every new
annual license | ||||||||||||||||||||||||||
20 | shall expire one year from the date of issuance unless
| ||||||||||||||||||||||||||
21 | suspended or
revoked and every new triennial license issued or | ||||||||||||||||||||||||||
22 | renewed on or after July
1, 2004 shall be in
effect for 3 years | ||||||||||||||||||||||||||
23 | from its date of issuance unless suspended or revoked by
| ||||||||||||||||||||||||||
24 | Department action before that date. A licensee may hold only | ||||||||||||||||||||||||||
25 | one license and
that license is valid
for only one location.
| ||||||||||||||||||||||||||
26 | For purposes of this Act, the following definitions apply: |
| |||||||
| |||||||
1 | "Organization":
A corporation, agency, partnership, | ||||||
2 | association, firm or other entity
consisting of 2 or more | ||||||
3 | persons joined by a common interest or purpose.
"Non-profit | ||||||
4 | organization": An organization or institution organized and
| ||||||
5 | conducted on a not-for-profit basis with no personal profit | ||||||
6 | inuring to any
one as a result of the operation. "Charitable | ||||||
7 | organization": An
organization or institution organized and | ||||||
8 | operated to benefit an indefinite
number of the public. | ||||||
9 | "Educational organization": An organization or
institution | ||||||
10 | organized and operated to provide systematic instruction in
| ||||||
11 | useful branches of learning by methods common to schools and | ||||||
12 | institutions
of learning which compare favorably in their scope | ||||||
13 | and intensity with the
course of study presented in | ||||||
14 | tax-supported schools. "Religious organization":
Any church, | ||||||
15 | congregation, society, or organization founded for the purpose
| ||||||
16 | of religious worship. "Fraternal organization": An | ||||||
17 | organization of persons,
including but not limited to ethnic | ||||||
18 | organizations, having a common
interest, organized and | ||||||
19 | operated exclusively to promote the welfare of its
members and | ||||||
20 | to benefit the general public on a continuing and consistent
| ||||||
21 | basis. "Veterans organization": An organization comprised of | ||||||
22 | members of
which substantially all are individuals who are | ||||||
23 | veterans or spouses,
widows, or widowers of veterans, the | ||||||
24 | primary purpose of which is to promote
the welfare of its | ||||||
25 | members and to provide assistance to the general public
in such | ||||||
26 | a way as to confer a public benefit. "Labor organization": An
|
| |||||||
| |||||||
1 | organization composed of labor unions or workers organized with | ||||||
2 | the
objective of betterment of the conditions of those engaged | ||||||
3 | in such pursuit
and the development of a higher degree of | ||||||
4 | efficiency in their respective
occupations. "Youth athletic | ||||||
5 | organization": An organization having as its
exclusive purpose | ||||||
6 | the promotion and provision of athletic activities for
youth | ||||||
7 | aged 18 and under. "Senior citizens organization": An | ||||||
8 | organization
or association comprised of members of which | ||||||
9 | substantially all are
individuals who are senior citizens, as | ||||||
10 | defined in Section 3.05 of the
Illinois Act on the Aging, the | ||||||
11 | primary purpose of which is to promote the
welfare of its | ||||||
12 | members.
| ||||||
13 | Licensing for the conducting of bingo is subject to the | ||||||
14 | following
restrictions:
| ||||||
15 | (1) The license application, when submitted to the | ||||||
16 | Department of Revenue,
must contain a sworn statement | ||||||
17 | attesting to the not-for-profit character
of the | ||||||
18 | prospective licensee organization, signed by the presiding | ||||||
19 | officer
and the secretary of that organization.
| ||||||
20 | (2) The application for license shall be prepared in | ||||||
21 | accordance with the
rules of the Department of Revenue.
| ||||||
22 | (3) Each license shall state which day of the week and | ||||||
23 | at what location
the licensee is permitted to conduct | ||||||
24 | bingo. The Department may, on special
application made by | ||||||
25 | any organization having a bingo license, issue a special
| ||||||
26 | operator's permit for conducting bingo at other premises |
| |||||||
| |||||||
1 | and on other days
not exceeding 7 consecutive days, except | ||||||
2 | that a licensee may conduct bingo
at the Illinois State | ||||||
3 | Fair or any county fair held in Illinois during each
day | ||||||
4 | that the fair is in effect; such bingo games conducted at | ||||||
5 | the Illinois
State Fair or a county fair shall not require | ||||||
6 | a special operator's permit.
No more than 2 special | ||||||
7 | operator's permits may be issued in one year to any
one | ||||||
8 | organization. Any organization, qualified for a license | ||||||
9 | but not
holding one, upon application and payment of a $50 | ||||||
10 | fee may receive a
limited license to conduct bingo at no | ||||||
11 | more than 2 indoor or outdoor
festivals in a year for a | ||||||
12 | maximum of 5 days on each occasion or, upon
application and | ||||||
13 | payment of a $150 fee, may receive a limited license to | ||||||
14 | conduct
bingo at no more than 2 indoor or outdoor festivals | ||||||
15 | in a year for up to 3 years
for a maximum of 5 days on each | ||||||
16 | occasion. Such limited
license shall be prominently | ||||||
17 | displayed at the site of the bingo games.
| ||||||
18 | (4) The licensee shall display a license in a prominent | ||||||
19 | place in the area
where it is to conduct bingo.
| ||||||
20 | (5) The proceeds from the license fee imposed by this | ||||||
21 | Act shall be paid
into the General Revenue Fund of the | ||||||
22 | State Treasury.
| ||||||
23 | (6) A license authorizes the licensee to conduct the | ||||||
24 | game commonly known
as bingo, in which prizes are awarded | ||||||
25 | on the basis of designated numbers
or symbols on a card | ||||||
26 | conforming to numbers or symbols selected at random.
|
| |||||||
| |||||||
1 | (7) The Director has the power to issue or to refuse to | ||||||
2 | issue a license
permitting a person, firm or corporation to | ||||||
3 | provide premises for the
conduct of bingo; provided, | ||||||
4 | however, that a municipality shall not be
required to | ||||||
5 | obtain a license to provide such premises. The fee for such
| ||||||
6 | providers' license is $200. A person, firm or corporation | ||||||
7 | holding such a
license may receive reasonable expenses for | ||||||
8 | providing premises for
conducting bingo. Reasonable | ||||||
9 | expenses shall include only those expenses
defined as | ||||||
10 | reasonable by rules promulgated by the Department.
| ||||||
11 | (8) The Department may issue restricted licenses to | ||||||
12 | senior citizens
organizations. The fee for a restricted | ||||||
13 | license is $10 per year
or $30 for 3 years. Restricted | ||||||
14 | licenses shall be subject to the following
conditions:
| ||||||
15 | (A) Bingo shall be conducted only at a facility | ||||||
16 | which is owned by a unit
of local government to which | ||||||
17 | the corporate authorities have given their
approval | ||||||
18 | and which is used to provide social services or a
| ||||||
19 | meeting place to senior citizens, or in common areas in | ||||||
20 | multi-unit federally
assisted rental housing | ||||||
21 | maintained solely for the elderly and handicapped;
| ||||||
22 | (B) The price paid for a single card shall not | ||||||
23 | exceed 5 cents;
| ||||||
24 | (C) The aggregate retail value of all prizes or | ||||||
25 | merchandise awarded in
any one game of bingo shall not | ||||||
26 | exceed $1;
|
| |||||||
| |||||||
1 | (D) No person or organization shall participate in | ||||||
2 | the management or
operation of bingo under a restricted | ||||||
3 | license if the person or organization
would be | ||||||
4 | ineligible for a license under this Section;
| ||||||
5 | (E) No license is required to provide premises for | ||||||
6 | bingo conducted under
a restricted license; and
| ||||||
7 | (F) The Department may, by rule, exempt restricted | ||||||
8 | licensees from such
requirements of this Act as the | ||||||
9 | Department may deem appropriate.
| ||||||
10 | The Director has the power to issue a license permitting an | ||||||
11 | Illinois person,
firm or corporation to sell, lease or | ||||||
12 | distribute to any organization licensed
to conduct bingo games | ||||||
13 | or to any licensed bingo supplier all cards, boards,
sheets, | ||||||
14 | markers, pads and all other supplies, devices and equipment
| ||||||
15 | designed for use in the play of bingo. No person, firm or | ||||||
16 | corporation shall
sell, lease or distribute bingo supplies or | ||||||
17 | equipment without having first
obtained a license therefor upon | ||||||
18 | written application made, verified and
filed with the | ||||||
19 | Department in the form prescribed by the rules and
regulations | ||||||
20 | of the Department. The fee for such license is $200.
| ||||||
21 | Applications for providers' and suppliers' licenses shall | ||||||
22 | be made in writing
in accordance with Department rules. Each | ||||||
23 | providers' or suppliers' license
is valid for one year from | ||||||
24 | date of issuance, unless suspended or revoked by
Department | ||||||
25 | action before that date.
| ||||||
26 | The following are ineligible for any license under this |
| |||||||
| |||||||
1 | Act:
| ||||||
2 | (a) any person who has been convicted of a felony;
| ||||||
3 | (b) any person who has been convicted of a violation of | ||||||
4 | Article 28 of
the "Criminal Code of 1961";
| ||||||
5 | (c) any person found gambling, participating in | ||||||
6 | gambling or knowingly
permitting gambling on premises | ||||||
7 | where bingo is being conducted;
| ||||||
8 | (d) any firm or corporation in which a person defined | ||||||
9 | in (a), (b) or (c)
has a proprietary, equitable or credit | ||||||
10 | interest, or in which such person
is active or employed;
| ||||||
11 | (e) any organization in which a person defined in (a), | ||||||
12 | (b) or (c) is an
officer, director, or employee, whether | ||||||
13 | compensated or not;
| ||||||
14 | (f) any organization in which a person defined in (a), | ||||||
15 | (b) or (c) is to
participate in the management or operation | ||||||
16 | of a bingo game.
| ||||||
17 | (Source: P.A. 93-742, eff. 7-15-04.)
| ||||||
18 | (230 ILCS 25/1.1 new) | ||||||
19 | Sec. 1.1. Definitions. For purposes of this Act, the | ||||||
20 | following definitions apply: | ||||||
21 | "Bingo" means a game in which each player has a card or | ||||||
22 | board for which a consideration has been paid, containing 5 | ||||||
23 | horizontal rows of spaces, with each row except the central one | ||||||
24 | containing 5 figures. The central row has 4 figures with the | ||||||
25 | word "free" marked in the center space. "Bingo" includes games |
| |||||||
| |||||||
1 | that otherwise qualify under this paragraph, except for the use | ||||||
2 | of cards where the figures are not preprinted but are filled in | ||||||
3 | by the players. A player wins a game of bingo by completing a | ||||||
4 | preannounced combination of spaces or, in the absence of a | ||||||
5 | preannouncement of a combination of spaces, any combination of | ||||||
6 | 5 spaces in a row, vertically, horizontally, or diagonally. | ||||||
7 | "Bingo equipment" means any equipment or machinery | ||||||
8 | designed or used for the play of bingo. "Bingo equipment" does | ||||||
9 | not include electronic equipment. | ||||||
10 | "Charitable organization" means an organization or | ||||||
11 | institution organized and operated to benefit an indefinite | ||||||
12 | number of the public. | ||||||
13 | "Department" means the Department of Revenue. | ||||||
14 | "Educational organization" means an organization or | ||||||
15 | institution organized and operated to provide systematic | ||||||
16 | instruction in useful branches of learning by methods common to | ||||||
17 | schools and institutions of learning which compare favorably in | ||||||
18 | their scope and intensity with the course of study presented in | ||||||
19 | tax-supported schools. | ||||||
20 | "Fraternal organization" means an organization of persons | ||||||
21 | having a common interest that is organized and operated | ||||||
22 | exclusively to promote the welfare of its members and to | ||||||
23 | benefit the general public on a continuing and consistent | ||||||
24 | basis, including but not limited to ethnic organizations. | ||||||
25 | "Holiday" means any of the holidays listed in Section 17 of | ||||||
26 | the Promissory Note and Bank Holiday Act. |
| |||||||
| |||||||
1 | "Labor organization" means an organization composed of | ||||||
2 | labor unions or workers organized with the objectives of | ||||||
3 | betterment of the conditions of those engaged in such pursuit | ||||||
4 | and the development of a higher degree of efficiency in their | ||||||
5 | respective occupations. | ||||||
6 | "Licensed organization" means a qualified organization | ||||||
7 | that has obtained a license to conduct bingo in conformance | ||||||
8 | with the provisions of this Act. | ||||||
9 | "Limited license" means a license issued to an organization | ||||||
10 | that is not a licensed organization, but that is otherwise | ||||||
11 | eligible for a regular license to conduct bingo. A limited | ||||||
12 | license authorizes the conduct of bingo at up to 2 indoor or | ||||||
13 | outdoor festivals during the calendar year for which the | ||||||
14 | license is issued for a maximum of 5 consecutive days on each | ||||||
15 | occasion. | ||||||
16 | "Non-profit organization" means an organization or | ||||||
17 | institution organized and conducted on a not-for-profit basis | ||||||
18 | with no personal profit inuring to anyone as a result of the | ||||||
19 | operation. | ||||||
20 | "Organization" means a corporation, agency, partnership, | ||||||
21 | association, firm, business or other entity consisting of 2 or | ||||||
22 | more persons joined by a common interest or purpose. | ||||||
23 | "Person" means any natural individual, corporation, | ||||||
24 | partnership, limited liability company, organization (as | ||||||
25 | defined in this Section), licensee under this Act, or | ||||||
26 | volunteer. |
| |||||||
| |||||||
1 | "Provider" means any person or organization, except a city, | ||||||
2 | village, or incorporated town that owns or leases premises to | ||||||
3 | an organization for the conduct of bingo. | ||||||
4 | "Regular license" means a license authorizing its holder to | ||||||
5 | conduct one session of bingo per week on the date and at the | ||||||
6 | time and location stated on the license. | ||||||
7 | "Religious organization" means any church, congregation, | ||||||
8 | society, or organization founded for the purpose of religious | ||||||
9 | worship. | ||||||
10 | "Senior citizens organization" means an organization or | ||||||
11 | association comprised of members of which substantially all are | ||||||
12 | individuals who are senior citizens, as defined in the Illinois | ||||||
13 | Act on the Aging, the primary purpose of which is to promote | ||||||
14 | the welfare of its members. | ||||||
15 | "Special games" means bingo games that may be designated as | ||||||
16 | such, played a maximum of 5 times during a bingo session and | ||||||
17 | are distinguished from regular games only by the maximum price | ||||||
18 | that may be charged for the bingo cards used. | ||||||
19 | "Special permit" means the ability of a licensee who | ||||||
20 | currently holds a license to be granted a permit to conduct | ||||||
21 | bingo at other premises or on other days not exceeding 5 | ||||||
22 | consecutive days. | ||||||
23 | "Supplier" means any person, firm, or corporation that | ||||||
24 | sells, leases, or distributes to any organization licensed to | ||||||
25 | conduct bingo or to any licensed bingo supplier, cards, boards, | ||||||
26 | sheets, markers, pads and any other supplies, devices and |
| |||||||
| |||||||
1 | equipment designed for use in the play of bingo. | ||||||
2 | "Veterans' organization" means an organization comprised | ||||||
3 | of members of which substantially all are individuals who are | ||||||
4 | veterans or spouses, widows, or widowers of veterans, the | ||||||
5 | primary purpose of which is to promote the welfare of its | ||||||
6 | members and to provide assistance to the general public in such | ||||||
7 | a way as to confer a public benefit. | ||||||
8 | "Volunteer" means a person recruited by an organization who | ||||||
9 | voluntarily performs services at a bingo event, including | ||||||
10 | participation in the management or operation of a game. | ||||||
11 | "Youth athletic organization" means an organization having | ||||||
12 | as its exclusive purpose the promotion and provision of | ||||||
13 | athletic activities for youth aged 18 and under.
| ||||||
14 | (230 ILCS 25/1.2 new)
| ||||||
15 | Sec. 1.2. Ineligibility for licensure. 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 application. | ||||||
19 | (2) Any person who has been convicted of a violation of | ||||||
20 | Article 28 of the Criminal Code of 1961. | ||||||
21 | (3) Any person who has had a bingo, pull tabs and jar | ||||||
22 | games, or charitable games license revoked by the | ||||||
23 | Department. | ||||||
24 | (4) Any person who is or has been a professional | ||||||
25 | gambler. |
| |||||||
| |||||||
1 | (5) Any person found gambling in a manner not | ||||||
2 | authorized by the Illinois Pull Tabs and Jar Games Act, | ||||||
3 | Bingo License and Tax Act, or the Charitable Games Act, | ||||||
4 | participating in such gambling, or knowingly permitting | ||||||
5 | such gambling on premises where a bingo event is authorized | ||||||
6 | to be conducted or has been conducted. | ||||||
7 | (6) Any organization in which a person defined in (1), | ||||||
8 | (2), (3), (4), or (5) has a proprietary, equitable, or | ||||||
9 | credit interest, or in which such person is active or | ||||||
10 | employed. | ||||||
11 | (7) Any organization in which a person defined in (1), | ||||||
12 | (2), (3), (4), or (5) is an officer, director, or employee, | ||||||
13 | whether compensated or not. | ||||||
14 | (8) Any organization in which a person defined in (1), | ||||||
15 | (2), (3), (4), or (5) is to participate in the management | ||||||
16 | or operation of a bingo game. | ||||||
17 | The Department of State Police shall provide the criminal | ||||||
18 | background of any person requested by the Department of | ||||||
19 | Revenue. | ||||||
20 | (230 ILCS 25/1.3 new)
| ||||||
21 | Sec. 1.3. Restrictions on licensure. Licensing for the | ||||||
22 | conducting of bingo is subject to the following restrictions: | ||||||
23 | (1) The license application, when submitted to the | ||||||
24 | Department, must contain a sworn statement attesting to the | ||||||
25 | not-for-profit character of the prospective licensee |
| |||||||
| |||||||
1 | organization, signed by a person listed on the application | ||||||
2 | as an owner, officer, or other person in charge of the | ||||||
3 | necessary day-to-day operations of that organization. | ||||||
4 | (2) The license application shall be prepared in | ||||||
5 | accordance with the rules of the Department. | ||||||
6 | (3) The licensee shall prominently display the license | ||||||
7 | in the area where the licensee conducts bingo. The licensee | ||||||
8 | shall likewise display, in the form and manner as | ||||||
9 | prescribed by the Department, the provisions of Section 8 | ||||||
10 | of this Act. | ||||||
11 | (4) Each license shall state the day of the week, hours | ||||||
12 | and at which location the licensee is permitted to conduct | ||||||
13 | bingo games. | ||||||
14 | (5) A license is not assignable or transferable. | ||||||
15 | (6) A license authorizes the licensee to conduct the | ||||||
16 | game commonly known as bingo, in which prizes are awarded | ||||||
17 | on the basis of designated numbers or symbols on a card | ||||||
18 | conforming to numbers or symbols selected at random. | ||||||
19 | (7) The Department may, on special application made by | ||||||
20 | any organization having a bingo license, issue a special | ||||||
21 | permit for conducting bingo at other premises and on other | ||||||
22 | days not exceeding 5 consecutive days, except that a | ||||||
23 | licensee may conduct bingo at the Illinois State Fair or | ||||||
24 | any county fair held in Illinois during each day that the | ||||||
25 | fair is held, without a fee. Bingo games conducted at the | ||||||
26 | Illinois State Fair or a county fair shall not require a |
| |||||||
| |||||||
1 | special permit. No more than 2 special permits may be | ||||||
2 | issued in one year to any one organization. | ||||||
3 | (8) Any organization qualified for a license but not | ||||||
4 | holding one may, upon application and payment of a | ||||||
5 | nonrefundable fee of $50, receive a limited license to | ||||||
6 | conduct bingo games at no more than 2 indoor or outdoor | ||||||
7 | festivals in a year for a maximum of 5 consecutive days on | ||||||
8 | each occasion. No more than 2 limited licenses under this | ||||||
9 | item (7) may be issued to any organization in any year. A | ||||||
10 | limited license must be prominently displayed at the site | ||||||
11 | where the bingo games are conducted. | ||||||
12 | (9) Senior citizens organizations may conduct bingo | ||||||
13 | without a license or fee, subject to the following | ||||||
14 | conditions: | ||||||
15 | (A) bingo shall be conducted only at a facility | ||||||
16 | that is owned by a unit of local government to which | ||||||
17 | the corporate authorities have given their approval | ||||||
18 | and that is used to provide social services or a | ||||||
19 | meeting place to senior citizens, or in common areas in | ||||||
20 | multi-unit federally assisted rental housing | ||||||
21 | maintained solely for the elderly and handicapped; | ||||||
22 | (B) the price paid for a single card shall not | ||||||
23 | exceed 5 cents; | ||||||
24 | (C) the aggregate retail value of all prizes or | ||||||
25 | merchandise awarded in any one game of bingo shall not | ||||||
26 | exceed $1; |
| |||||||
| |||||||
1 | (D) no person or organization shall participate in | ||||||
2 | the management or operation of bingo under this item | ||||||
3 | (9) if the person or organization would be ineligible | ||||||
4 | for a license under this Section; and | ||||||
5 | (E) no license is required to provide premises for | ||||||
6 | bingo conducted under this item (9). | ||||||
7 | (10) Bingo equipment shall not be used for any purpose | ||||||
8 | other than for the play of bingo. | ||||||
9 | (230 ILCS 25/1.4 new)
| ||||||
10 | Sec. 1.4. Providers' license. The Department shall issue a | ||||||
11 | providers' license permitting a person, firm, or corporation to | ||||||
12 | provide premises for the conduct of bingo. No person, firm or | ||||||
13 | corporation may rent or otherwise provide premises without | ||||||
14 | having first obtained a license. Applications for providers' | ||||||
15 | licenses shall be made in writing in accordance with Department | ||||||
16 | rules. The Department shall license providers of bingo at a | ||||||
17 | nonrefundable annual fee of $200, or a nonrefundable triennial | ||||||
18 | fee of $600. Each providers' license is valid for one year from | ||||||
19 | date of issuance, or 3 years from date of issuance for a | ||||||
20 | triennial license, unless extended, suspended, or revoked by | ||||||
21 | Department action before that date. Any extension of a | ||||||
22 | providers' license shall not exceed one year. A municipality | ||||||
23 | shall not be required to obtain a license to provide such | ||||||
24 | premises. A provider may receive reasonable expenses for | ||||||
25 | providing premises for conducting bingo. Reasonable expenses |
| |||||||
| |||||||
1 | shall include only those expenses defined as reasonable by | ||||||
2 | rules promulgated by the Department. | ||||||
3 | (230 ILCS 25/1.5 new)
| ||||||
4 | Sec. 1.5. Suppliers' license. The Department shall issue a | ||||||
5 | suppliers' license permitting a person, firm, or corporation to | ||||||
6 | sell, lease, lend or distribute to any organization licensed to | ||||||
7 | conduct bingo, supplies, devices and other equipment designed | ||||||
8 | for use in the playing of bingo. No person, firm or corporation | ||||||
9 | shall sell, lease, lend or distribute bingo supplies or | ||||||
10 | equipment without having first obtained a license. | ||||||
11 | Applications for suppliers' licenses shall be made in writing | ||||||
12 | in accordance with Department rules. The Department shall | ||||||
13 | license suppliers of bingo subject to a nonrefundable annual | ||||||
14 | fee of $200, or a nonrefundable triennial fee of $600. Each | ||||||
15 | suppliers' license is valid for one year from date of issuance, | ||||||
16 | or 3 years from date of issuance for a triennial license, | ||||||
17 | unless extended, suspended, or revoked by Department action | ||||||
18 | before that date. Any extension of a providers' license shall | ||||||
19 | not exceed one year. No licensed supplier under this Act shall | ||||||
20 | sell, lease, lend, distribute or allow the use of any supplies, | ||||||
21 | devices or equipment designed for use in the play of bingo for | ||||||
22 | the conducting of anything other than bingo or to any person or | ||||||
23 | organization not otherwise licensed under this Act.
| ||||||
24 | (230 ILCS 25/2) (from Ch. 120, par. 1102)
|
| |||||||
| |||||||
1 | Sec. 2. The conducting of bingo is subject to the following | ||||||
2 | restrictions:
| ||||||
3 | (1) The entire net proceeds from bingo play must be | ||||||
4 | exclusively devoted
to the lawful purposes of the organization | ||||||
5 | permitted to conduct that game.
| ||||||
6 | (2) (Blank).
| ||||||
7 | (2.5) No person except a bona fide member or employee of | ||||||
8 | the sponsoring organization may participate in the management | ||||||
9 | or operation of bingo.
| ||||||
10 | (3) No person may receive any remuneration or profit for | ||||||
11 | participating
in the management or operation of the game, | ||||||
12 | except that if an organization
licensed under this Act is | ||||||
13 | associated with a school or other educational
institution, that | ||||||
14 | school or institution may reduce tuition or fees for a
| ||||||
15 | designated pupil based on participation in the management or | ||||||
16 | operation of
the game by any member of the organization. The | ||||||
17 | extent to which tuition and
fees are reduced shall relate | ||||||
18 | proportionately to the amount of time volunteered
by the | ||||||
19 | member, as determined by the school or other educational | ||||||
20 | institution.
| ||||||
21 | (4) The aggregate retail value of all prizes or merchandise | ||||||
22 | awarded in
any single day of bingo may not exceed $2,250, | ||||||
23 | except that in adjoining
counties having 200,000 to 275,000 | ||||||
24 | inhabitants each, and in counties which
are adjacent to either | ||||||
25 | of such adjoining counties and are adjacent to a
total of not | ||||||
26 | more than 2 counties in this State, and in any municipality
|
| |||||||
| |||||||
1 | having 2,500 or more inhabitants and within one mile of such | ||||||
2 | adjoining and
adjacent counties having less than 25,000 | ||||||
3 | inhabitants, 2 additional bingo
games may be conducted after | ||||||
4 | the $2,250 limit has been reached. The prize
awarded for any | ||||||
5 | one game, including any game conducted after reaching
the | ||||||
6 | $2,250 limit as authorized in this paragraph (4), may not | ||||||
7 | exceed $500
cash or its equivalent.
| ||||||
8 | (5) The number of games , including regular and special | ||||||
9 | games, may not exceed 25 in any one day including regular
and | ||||||
10 | special games , except that this restriction on the number of | ||||||
11 | games
shall not apply to bingo conducted at the Illinois State | ||||||
12 | Fair or any county
fair held in Illinois.
| ||||||
13 | (6) The price paid for a single card under the license may | ||||||
14 | not exceed
$1 and such card is valid for all regular games on | ||||||
15 | that day of bingo.
A maximum of 5 special games may be held on | ||||||
16 | each bingo day, except that
this restriction on the number of | ||||||
17 | special games shall not apply to bingo
conducted at the | ||||||
18 | Illinois State Fair or any county fair held in Illinois.
The | ||||||
19 | price for a single special game card may not exceed 50 cents.
| ||||||
20 | (7) The number of bingo days conducted by a licensee under | ||||||
21 | this Act is
limited to one per week, except as follows:
| ||||||
22 | (i) Bingo may be conducted in accordance with the terms | ||||||
23 | of a special
operator's permit or limited license issued | ||||||
24 | under subdivision (7) or (8) of Section 1.3
(3) of Section | ||||||
25 | 1 .
| ||||||
26 | (ii) Bingo may be conducted at the Illinois State Fair
|
| |||||||
| |||||||
1 | or any county fair held in Illinois under subdivision (6) | ||||||
2 | of Section 1.3
(3) of Section 1 .
| ||||||
3 | (iii) A licensee which cancels a day of bingo because | ||||||
4 | of inclement
weather or because the day is a holiday or the | ||||||
5 | eve of a holiday may, after
giving notice to the | ||||||
6 | Department, conduct bingo on an additional date which
falls | ||||||
7 | on a day of the week other than the day authorized under | ||||||
8 | the license. As
used in this subdivision (iii), "holiday" | ||||||
9 | means any of the holidays listed in
Section 17 of the | ||||||
10 | Promissory Note and Bank Holiday Act.
| ||||||
11 | (8) A licensee may rent a premises on which to conduct | ||||||
12 | bingo only from
an organization which is licensed as a provider | ||||||
13 | of premises or exempt from
license requirements under this Act. | ||||||
14 | If the organization providing the premises
is a metropolitan | ||||||
15 | exposition, auditorium, and office building authority created
| ||||||
16 | by State law, a licensee may enter into a rental agreement with | ||||||
17 | the
organization authorizing the licensee and the organization | ||||||
18 | to share the gross
proceeds of bingo games; however, the | ||||||
19 | organization shall not receive more than
50% of the gross | ||||||
20 | proceeds.
| ||||||
21 | (9) No person under the age of 18 years may play or | ||||||
22 | participate in the
conducting of bingo. Any person under the | ||||||
23 | age of 18 years may be within the
area where bingo is being | ||||||
24 | played only when accompanied by his parent or
guardian.
| ||||||
25 | (10) The promoter of bingo games must have a proprietary | ||||||
26 | interest in the
game promoted.
|
| |||||||
| |||||||
1 | (11) Raffles or other forms of gambling prohibited by law | ||||||
2 | shall not be
conducted on the premises where bingo is being | ||||||
3 | conducted, except that
pull tabs and jar games conducted under | ||||||
4 | the Illinois Pull Tabs and Jar
Games Act may be conducted on | ||||||
5 | the premises where bingo is being conducted.
Prizes awarded in | ||||||
6 | pull tabs and jar games shall not be included in the
bingo | ||||||
7 | prize limitation.
| ||||||
8 | (12) Organizations may be issued a special permit or | ||||||
9 | limited license no more than 2 times in any year. An | ||||||
10 | organization holding a special operator's permit or a limited
| ||||||
11 | license may, as one of the occasions allowed by such permit or | ||||||
12 | license,
conduct bingo for a maximum of 2 consecutive days . If | ||||||
13 | an organization conducts bingo pursuant to a limited license or | ||||||
14 | special permit, then , during each day of which
the number of | ||||||
15 | games played during each day may exceed 25, and regular game | ||||||
16 | cards need not be valid
for all regular games. If only noncash | ||||||
17 | prizes are awarded during such
occasions, the prize limits | ||||||
18 | stated in subdivision
paragraph (4) of this Section shall
not | ||||||
19 | apply, provided that the retail value of noncash prizes for any | ||||||
20 | single
game shall not exceed $150.
| ||||||
21 | (Source: P.A. 92-305, eff. 8-9-01.)
| ||||||
22 | (230 ILCS 25/3) (from Ch. 120, par. 1103)
| ||||||
23 | Sec. 3. There shall be paid to the Department of Revenue, | ||||||
24 | 5% of the gross
proceeds of any game of bingo conducted under | ||||||
25 | the provision of this Act.
Such payments shall be made 4 times |
| |||||||
| |||||||
1 | per year, between the first and the
20th day of April, July, | ||||||
2 | October and January. Payment must be by money
order or | ||||||
3 | certified check. Accompanying each payment shall be a return
| ||||||
4 | report ,
on forms prescribed
provided by the Department of | ||||||
5 | Revenue , listing the number of games
conducted, the gross | ||||||
6 | income derived and such other information as the
Department of | ||||||
7 | Revenue may require . Failure to submit either the payment or
| ||||||
8 | the return
report within the specified time may result in | ||||||
9 | suspension or revocation
of the license. Tax returns filed | ||||||
10 | pursuant to this Act shall not be confidential and shall be | ||||||
11 | available for public inspection.
| ||||||
12 | All payments made to the Department of Revenue under this | ||||||
13 | Section shall be deposited as follows: | ||||||
14 | (1) 50% shall be deposited in the Mental Health Fund; | ||||||
15 | and | ||||||
16 | (2) 50% shall be deposited in the Common School Fund.
| ||||||
17 |
The provisions of Section 2a of the Retailers' Occupation | ||||||
18 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
19 | security are incorporated by reference
into this Act and are | ||||||
20 | applicable to licensees under this Act as a precondition
of | ||||||
21 | obtaining a license under this Act. The Department shall | ||||||
22 | establish by
rule the standards and criteria it will use in | ||||||
23 | determining whether to require
the furnishing of a bond or | ||||||
24 | other security, the amount of such bond or other
security, | ||||||
25 | whether to require the furnishing of an additional bond or | ||||||
26 | other
security by a licensee, and the amount of such additional |
| |||||||
| |||||||
1 | bond or other
security. Such standards and criteria may include | ||||||
2 | payment history, general
financial condition or other factors | ||||||
3 | which may pose risks to insuring the
payment to the Department | ||||||
4 | of Revenue, of applicable taxes. Such rulemaking
is subject to | ||||||
5 | the provisions of the Illinois Administrative Procedure Act.
| ||||||
6 | The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, | ||||||
7 | 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | ||||||
8 | Occupation
Tax Act which are not inconsistent with this Act,
| ||||||
9 | and Section 3-7 of the
Uniform Penalty and Interest Act , which | ||||||
10 | are not inconsistent with this Act, shall apply, as far as
| ||||||
11 | practicable, to the subject matter of this Act to the same | ||||||
12 | extent as if
such provisions were included in this Act. Tax | ||||||
13 | returns filed pursuant to
this Act shall not be confidential | ||||||
14 | and shall be available for public
inspection. For the purposes | ||||||
15 | of this Act, references in such incorporated
Sections of the | ||||||
16 | Retailers' Occupation Tax Act to retailers, sellers or
persons | ||||||
17 | engaged in the business of selling tangible personal property | ||||||
18 | means
persons engaged in conducting bingo games, and references | ||||||
19 | in such
incorporated Sections of the Retailers' Occupation Tax | ||||||
20 | Act to sales of
tangible personal property mean the conducting | ||||||
21 | of bingo games and the
making of charges for playing such | ||||||
22 | games.
| ||||||
23 | One-half of all of the sums collected under this Section | ||||||
24 | shall be deposited
into the Mental Health Fund and 1/2 of all | ||||||
25 | of the sums collected under this
Section shall be deposited in | ||||||
26 | the Common School Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-205; 87-895 .)
| ||||||
2 | (230 ILCS 25/4) (from Ch. 120, par. 1104)
| ||||||
3 | Sec. 4. Each licensee must keep a complete record of bingo | ||||||
4 | games conducted
within the previous 3 years. Such record shall | ||||||
5 | be available for
open to inspection by
any employee of the | ||||||
6 | Department of Revenue during reasonable business hours.
| ||||||
7 | The Department
Director may require that any person, | ||||||
8 | organization or corporation
licensed under this Act obtain from | ||||||
9 | an Illinois certified public accounting
firm at its own expense | ||||||
10 | a certified and unqualified financial statement
and | ||||||
11 | verification of records of such organization.
Failure of a | ||||||
12 | bingo licensee to comply with this requirement within 90
days | ||||||
13 | of receiving notice from the Director may
result in suspension | ||||||
14 | or revocation of the licensee's license.
| ||||||
15 | The Department of Revenue may, at its discretion, suspend | ||||||
16 | or revoke
any license if
where it finds that the licensee or | ||||||
17 | any person connected therewith
has violated or is violating the | ||||||
18 | provisions of this Act. A suspension or revocation shall be in | ||||||
19 | addition to, and not in lieu of, any other civil penalties or | ||||||
20 | assessments that are authorized by this Act. No licensee under
| ||||||
21 | this Act, while a bingo game is being conducted, shall | ||||||
22 | knowingly permit
the entry into any part of the licensed | ||||||
23 | premises by any person
who has been convicted of a felony or a | ||||||
24 | violation of
Article 28 of the "Criminal Code of 1961".
| ||||||
25 | (Source: P.A. 82-967.)
|
| |||||||
| |||||||
1 | (230 ILCS 25/5) (from Ch. 120, par. 1105)
| ||||||
2 | Sec. 5. Penalties.
| ||||||
3 | (a) Any person who conducts or knowingly participates in an
| ||||||
4 | unlicensed bingo game commits the offense of gambling in | ||||||
5 | violation of
Section 28-1 of the Criminal Code of 1961, as | ||||||
6 | amended. Any person who
violates any other provision of this | ||||||
7 | Act, or any person who
knowingly fails to file a bingo return | ||||||
8 | or who knowingly files a fraudulent
application or return
under | ||||||
9 | this Act, or any person who wilfully
violates any rule or | ||||||
10 | regulation of the Department for the administration
and | ||||||
11 | enforcement of this Act, or any officer or agent of an | ||||||
12 | organization
or a corporation
licensed under this Act who signs | ||||||
13 | a fraudulent application or return filed on behalf of
such an | ||||||
14 | organization or corporation , is guilty of a Class A | ||||||
15 | misdemeanor.
| ||||||
16 | (b) Any organization
In addition to other penalties | ||||||
17 | provided for in this Act, organizations
or corporations that | ||||||
18 | illegally conducts bingo, in addition to other penalties | ||||||
19 | provided for in this Act,
play bingo shall be subject to a | ||||||
20 | civil penalty
equal to the gross proceeds derived from those
| ||||||
21 | unlicensed games, as well as confiscation and forfeiture of all | ||||||
22 | bingo equipment
used in the conduct of those unlicensed games.
| ||||||
23 | (c) Any organization licensed to conduct bingo which allows | ||||||
24 | any form of illegal gambling to be conducted on the premises | ||||||
25 | where bingo is being conducted, in addition to other penalties |
| |||||||
| |||||||
1 | provided for in this Act, shall be subject to a civil penalty | ||||||
2 | equal to the amount of gross proceeds derived on that day from | ||||||
3 | bingo and any illegal game that may have been conducted, as | ||||||
4 | well as confiscation and forfeiture of all bingo equipment used | ||||||
5 | in the conduct of any unlicensed or illegal games. | ||||||
6 | (d) Any person or organization, in addition to other | ||||||
7 | penalties provided for in this Act, shall be subject to a civil | ||||||
8 | penalty not to exceed $5,000 for any of the following | ||||||
9 | violations: | ||||||
10 | (1) Providing premises for the conduct of bingo without | ||||||
11 | first obtaining a license or a special permit to do so. | ||||||
12 | (2) Allowing unlicensed organizations to conduct bingo | ||||||
13 | on its premises. | ||||||
14 | (3) Allowing any form of illegal gambling to be | ||||||
15 | conducted on the premises where bingo is being conducted.
| ||||||
16 | (Source: P.A. 84-221.)
| ||||||
17 | (230 ILCS 25/5.1) (from Ch. 120, par. 1105.1)
| ||||||
18 | Sec. 5.1. The Illinois Administrative Procedure Act is | ||||||
19 | hereby expressly
adopted and shall apply to all administrative | ||||||
20 | rules and procedures of the
Department of Revenue under this | ||||||
21 | Act, except that (1) paragraph (b) of Section
5-10 of the | ||||||
22 | Illinois Administrative Procedure Act does not apply to final
| ||||||
23 | orders, decisions and opinions of the Department, (2) | ||||||
24 | subparagraph (a)(ii) of
Section 5-10 of the Illinois | ||||||
25 | Administrative Procedure Act does not apply to
forms |
| |||||||
| |||||||
1 | established by the Department for use under this Act, and (3) | ||||||
2 | the
provisions of Section 10-45 of the Illinois Administrative | ||||||
3 | Procedure Act
regarding proposals for decision are excluded and | ||||||
4 | not applicable to the
Department under this Act , and (4) the | ||||||
5 | provisions of subsection (d) of Section 10-65 of the Illinois | ||||||
6 | Administrative Procedure Act do not apply so as to prevent | ||||||
7 | summary suspension of any license pending revocation or other | ||||||
8 | action, which suspension shall remain in effect unless modified | ||||||
9 | by the Department or unless the Department's decision is | ||||||
10 | reversed on the merits in proceedings conducted pursuant to the | ||||||
11 | Administrative Review Law .
| ||||||
12 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
13 | (230 ILCS 25/5.2 new)
| ||||||
14 | Sec. 5.2. Law enforcement action. Any law enforcement | ||||||
15 | agency that takes action relating to the operation of a bingo | ||||||
16 | game shall notify the Department of Revenue and specify the | ||||||
17 | extent of the action taken and the reasons for the action.
| ||||||
18 | Section 15. The Charitable Games Act is amended by changing | ||||||
19 | Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 and by adding | ||||||
20 | Section 14.1 as follows:
| ||||||
21 | (230 ILCS 30/2) (from Ch. 120, par. 1122)
| ||||||
22 | Sec. 2. Definitions. For purposes of this Act, the | ||||||
23 | following definitions
apply:
|
| |||||||
| |||||||
1 | "Charitable games" means the 14 games of chance involving | ||||||
2 | cards, dice, wheels, random selection of numbers, and gambling | ||||||
3 | tickets which may be conducted at charitable games events | ||||||
4 | listed as follows: roulette, blackjack, poker, pull tabs, | ||||||
5 | craps, bang, beat the dealer, big six, gin rummy, five card | ||||||
6 | stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | ||||||
7 | wheel. | ||||||
8 | "Charitable games event" or "event" means the type of | ||||||
9 | fundraising event authorized by the Act at which participants | ||||||
10 | pay to play charitable games for the chance of winning cash or | ||||||
11 | noncash prizes. | ||||||
12 | "Charitable organization" means an organization or | ||||||
13 | institution organized and operated to benefit an indefinite | ||||||
14 | number of the public. | ||||||
15 | "Chips" means scrip, play money, poker or casino chips, or | ||||||
16 | any other representations of money, used to make wagers on the | ||||||
17 | outcome of any charitable game. | ||||||
18 | "Department" means the Department of Revenue.
| ||||||
19 | "Educational organization" means an organization or | ||||||
20 | institution organized and operated to provide systematic | ||||||
21 | instruction in useful branches of learning by methods common to | ||||||
22 | schools and institutions of learning which compare favorably in | ||||||
23 | their scope and intensity with the course of study presented in | ||||||
24 | tax-supported schools. | ||||||
25 | "Fraternal organization" means an organization of persons | ||||||
26 | having a common interest that is organized and operated |
| |||||||
| |||||||
1 | exclusively to promote the welfare of its members and to | ||||||
2 | benefit the general public on a continuing and consistent | ||||||
3 | basis, including but not limited to ethnic organizations.
| ||||||
4 | "Labor organization" means an organization composed of | ||||||
5 | labor unions or
workers organized with the objective of | ||||||
6 | betterment of the conditions of
those engaged in such pursuit | ||||||
7 | and the development of a higher degree of
efficiency in their | ||||||
8 | respective occupations.
| ||||||
9 | "Licensed organization" means a qualified organization | ||||||
10 | that has obtained a license to conduct a charitable games event | ||||||
11 | in conformance with the provisions of this Act. | ||||||
12 | "Non-profit organization" means an organization or | ||||||
13 | institution organized and conducted on a not-for-profit basis | ||||||
14 | with no personal profit inuring to anyone as a result of the | ||||||
15 | operation.
| ||||||
16 | "Organization": A corporation, agency, partnership, | ||||||
17 | institution,
association, firm , business, or other entity | ||||||
18 | consisting of 2 or more persons joined by
a common interest or | ||||||
19 | purpose.
| ||||||
20 | "Person" means any natural individual, corporation, | ||||||
21 | partnership, limited
liability company, organization as | ||||||
22 | defined in this
Section, qualified organization, licensed | ||||||
23 | organization, licensee under this Act, or volunteer.
| ||||||
24 | "Premises" means a distinct parcel of land and the | ||||||
25 | buildings thereon. | ||||||
26 | "Provider" means the person or organization owning, |
| |||||||
| |||||||
1 | leasing, or controlling premises upon which any charitable | ||||||
2 | games event is to be conducted. | ||||||
3 | "Sponsoring organization": A qualified organization that | ||||||
4 | has obtained a
license to conduct a charitable games event in | ||||||
5 | conformance with the provisions
of this Act.
| ||||||
6 | "Qualified organization" means :
| ||||||
7 | (a) a charitable, religious, fraternal, veterans, | ||||||
8 | labor or educational
organization or institution organized | ||||||
9 | and conducted on a not-for-profit
basis with no personal | ||||||
10 | profit inuring to anyone as a result of the
operation and | ||||||
11 | which is exempt from federal income taxation under Sections
| ||||||
12 | 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or | ||||||
13 | 501(c)(19) of the
Internal Revenue Code;
| ||||||
14 | (b) a veterans organization as defined in Section 1.1
1
| ||||||
15 | of the
"Bingo License and Tax Act" , approved July 22, 1971, | ||||||
16 | as amended, organized
and conducted on a not-for-profit | ||||||
17 | basis with no personal profit inuring to
anyone as a result | ||||||
18 | of the operation; or
| ||||||
19 | (c) An auxiliary organization of a veterans | ||||||
20 | organization.
| ||||||
21 | "Religious organization" means any church, congregation, | ||||||
22 | society, or organization founded for the purpose of religious | ||||||
23 | worship. | ||||||
24 | "Sponsoring organization" means a qualified organization | ||||||
25 | that has obtained a
license to conduct a charitable games event | ||||||
26 | in conformance with the provisions
of this Act.
|
| |||||||
| |||||||
1 | "Supplier" means any person, firm, or corporation that | ||||||
2 | sells, leases, lends, distributes, or otherwise provides to any | ||||||
3 | organization licensed to conduct charitable games events in | ||||||
4 | Illinois any charitable games equipment.
| ||||||
5 | "Veterans' organization" means an organization comprised | ||||||
6 | of members of which substantially all are individuals who are | ||||||
7 | veterans or spouses, widows, or widowers of veterans, the | ||||||
8 | primary purpose of which is to promote the welfare of its | ||||||
9 | members and to provide assistance to the general public in such | ||||||
10 | a way as to confer a public benefit. | ||||||
11 | "Volunteer" means a person recruited by a licensed | ||||||
12 | organization who voluntarily performs services at a charitable | ||||||
13 | games event, including participation in the management or | ||||||
14 | operation of a game, as defined in Section 8. | ||||||
15 | "Fraternal organization": A civic, service or charitable | ||||||
16 | organization in
this State except a college or high school | ||||||
17 | fraternity or sorority, not for
pecuniary profit, which is a | ||||||
18 | branch, lodge or chapter of a national or
State organization | ||||||
19 | and exists for the common business, brotherhood, or
other | ||||||
20 | interest of its members.
| ||||||
21 | "Veterans organization": An organization comprised of | ||||||
22 | members of which
substantially all are individuals who are | ||||||
23 | veterans or spouses, widows, or
widowers of veterans, the | ||||||
24 | primary purpose of which is to promote the
welfare of its | ||||||
25 | members and to provide assistance to the general public in
such | ||||||
26 | a way as to confer a public benefit.
|
| |||||||
| |||||||
1 | "Labor organization": An organization composed of labor | ||||||
2 | unions or
workers organized with the objective of betterment of | ||||||
3 | the conditions of
those engaged in such pursuit and the | ||||||
4 | development of a higher degree of
efficiency in their | ||||||
5 | respective occupations.
| ||||||
6 | "Department": The Department of Revenue.
| ||||||
7 | "Volunteer": A person recruited by the sponsoring | ||||||
8 | organization who
voluntarily performs services at a charitable | ||||||
9 | games event, including
participation in the management or | ||||||
10 | operation of a game, as defined in Section
8.
| ||||||
11 | "Person": Any natural individual, a corporation, a | ||||||
12 | partnership, a limited
liability company, an organization as | ||||||
13 | defined in this
Section, a qualified organization, a sponsoring | ||||||
14 | organization, any other
licensee under this Act, or a | ||||||
15 | volunteer.
| ||||||
16 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
17 | (230 ILCS 30/3) (from Ch. 120, par. 1123)
| ||||||
18 | Sec. 3. The Department of Revenue shall, upon application | ||||||
19 | therefor
on forms prescribed by the
such Department, and upon | ||||||
20 | the payment of a nonrefundable
an annual
fee of $200, and upon | ||||||
21 | a determination by the Department that the applicant
meets all | ||||||
22 | of the qualifications specified in this Act
Section , issue a
| ||||||
23 | charitable games license for the conducting of charitable games | ||||||
24 | to any
of the following:
| ||||||
25 | (i) Any local fraternal mutual benefit organization |
| |||||||
| |||||||
1 | chartered at least
40 years before it applies for a license | ||||||
2 | under this Act.
| ||||||
3 | (ii) Any qualified organization organized in Illinois | ||||||
4 | which operates
without profit to its members, which has | ||||||
5 | been in existence in Illinois
continuously for a period of | ||||||
6 | 5 years immediately before making application for
a license | ||||||
7 | and which has had during that 5 year period a bona fide | ||||||
8 | membership
engaged in carrying out its objects. However, | ||||||
9 | the 5 year requirement shall be
reduced to 2 years, as | ||||||
10 | applied to a local organization which is affiliated with
| ||||||
11 | and chartered by a national organization which meets the 5 | ||||||
12 | year requirement.
The period of existence specified above | ||||||
13 | shall not apply to a qualified
organization, organized for | ||||||
14 | charitable purpose, created by a fraternal
organization | ||||||
15 | that meets the existence requirements if the charitable
| ||||||
16 | organization has the same officers and directors as the | ||||||
17 | fraternal organization.
Only one charitable organization | ||||||
18 | created by a branch lodge or chapter of a
fraternal | ||||||
19 | organization may be licensed under this provision.
| ||||||
20 | The application shall be signed by a person listed on the | ||||||
21 | application as an owner, officer, or other person in charge of | ||||||
22 | the necessary day-to-day operations of the applicant | ||||||
23 | organization, who shall attest under penalties of perjury that | ||||||
24 | the information contained in the application is true, correct, | ||||||
25 | and complete.
| ||||||
26 | Each license shall be in effect for one year from its date |
| |||||||
| |||||||
1 | of
issuance unless extended, suspended , or revoked by | ||||||
2 | Department action before that date.
Any extension shall not | ||||||
3 | exceed one year. The Department may by rule authorize the | ||||||
4 | filing by electronic means of any application, license, permit, | ||||||
5 | return, or registration required under this Act. A licensee may | ||||||
6 | hold only one license. Each license must be applied for at
| ||||||
7 | least 30 days prior to the night or nights the licensee wishes | ||||||
8 | to conduct
such games. The Department may issue a license to a | ||||||
9 | licensee that applies less than 30 days prior to the night or | ||||||
10 | nights the licensee wishes to conduct the games if all other | ||||||
11 | requirements of this Act are met and the Department has | ||||||
12 | sufficient time and resources to issue the license in a timely | ||||||
13 | manner. The Department may provide by rule for an extension of | ||||||
14 | any charitable games license issued under this Act. If a | ||||||
15 | licensee wishes to conduct games at a location other than
the | ||||||
16 | locations originally specified in the license, the licensee | ||||||
17 | shall
notify the Department of the proposed alternate location | ||||||
18 | at least 30
60 days
before the night on which the licensee | ||||||
19 | wishes to conduct games at the
alternate location. The | ||||||
20 | Department may accept an applicant's change in location with | ||||||
21 | less than 30 days' notice if all other requirements of this Act | ||||||
22 | are met and the Department has sufficient time and resources to | ||||||
23 | process the change in a timely manner.
| ||||||
24 | All taxes and fees imposed by this Act, unless otherwise | ||||||
25 | specified, shall be paid into the Illinois Gaming Law | ||||||
26 | Enforcement Fund of the State Treasury.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-758; 87-1271.)
| ||||||
2 | (230 ILCS 30/4) (from Ch. 120, par. 1124)
| ||||||
3 | Sec. 4. Licensing Restrictions. Licensing for the | ||||||
4 | conducting of
charitable games is subject to the following | ||||||
5 | restrictions:
| ||||||
6 | (1) The license application, when submitted to the | ||||||
7 | Department of Revenue,
must contain a sworn statement | ||||||
8 | attesting to the not-for-profit character
of the | ||||||
9 | prospective licensee organization, signed by a person | ||||||
10 | listed on the application as an owner, officer, or other | ||||||
11 | person in charge of the necessary day-to-day operations
the | ||||||
12 | presiding officer
and the secretary of that organization . | ||||||
13 | The application shall contain the
name of the person in | ||||||
14 | charge of and primarily responsible for the
conduct of the | ||||||
15 | charitable games. The person so designated shall be
present | ||||||
16 | on the premises continuously during charitable games. Any | ||||||
17 | wilful
misstatements contained in such application | ||||||
18 | constitute perjury.
| ||||||
19 | (2) The license application for license shall be | ||||||
20 | prepared by the prospective
licensee organization or its | ||||||
21 | duly authorized representative in accordance
with the
| ||||||
22 | rules of the Department of Revenue.
| ||||||
23 | (2.1) The organization
application for a license shall | ||||||
24 | maintain among its books and records
contain a list of the | ||||||
25 | names,
addresses, social security numbers, and dates of |
| |||||||
| |||||||
1 | birth of all persons who will
participate in the management | ||||||
2 | or operation of the games, along with a sworn
statement | ||||||
3 | made under penalties of perjury, signed by a person listed | ||||||
4 | on the application as an owner, officer, or other person in | ||||||
5 | charge of the necessary day-to-day operations
the | ||||||
6 | presiding officer and
secretary of the applicant , that the | ||||||
7 | persons listed as participating in the
management or | ||||||
8 | operation of the games are bona fide members, volunteers as
| ||||||
9 | defined in Section 2, or employees of the applicant, that | ||||||
10 | these persons have
not
participated in the management or | ||||||
11 | operation of more than 4 charitable games
events conducted | ||||||
12 | by any licensee in the calendar year, and that these | ||||||
13 | persons
will receive no remuneration or compensation, | ||||||
14 | directly or indirectly from any
source, for participating | ||||||
15 | in the management or operation of the games. Any
amendments | ||||||
16 | to this listing must contain an identical sworn statement.
| ||||||
17 | (2.2) (Blank).
The application shall be signed by the | ||||||
18 | presiding officer and the
secretary of the applicant | ||||||
19 | organization, who shall attest under penalties of
perjury | ||||||
20 | that the information contained in the application is true, | ||||||
21 | correct, and
complete.
| ||||||
22 | (3) Each license shall state the date
which day of the | ||||||
23 | week , hours and
at what
locations the licensee is permitted | ||||||
24 | to conduct charitable games.
| ||||||
25 | (4) Each licensee shall file a copy of the license with | ||||||
26 | each
police
department or, if in unincorporated areas, each |
| |||||||
| |||||||
1 | sheriff's office whose
jurisdiction includes the premises | ||||||
2 | on which the charitable games are
authorized under the | ||||||
3 | license.
| ||||||
4 | (5) The licensee shall prominently display the license | ||||||
5 | in a prominent
place in the
area where the licensee
it is | ||||||
6 | to conduct charitable games. The licensee shall likewise | ||||||
7 | display, in the form and manner prescribed by the | ||||||
8 | Department, the provisions of Section 9 of this Act.
| ||||||
9 | (6) (Blank).
The proceeds from the license fee imposed | ||||||
10 | by this Act
shall be paid
into the Illinois Gaming Law | ||||||
11 | Enforcement Fund of the State Treasury.
| ||||||
12 | (7) Each licensee shall obtain and maintain a bond for | ||||||
13 | the
benefit of
participants in games conducted by the | ||||||
14 | licensee to insure payment to the
winners of such games. | ||||||
15 | Such bond discretionary by the Department and shall be in | ||||||
16 | an amount established by rule
by the Department of Revenue. | ||||||
17 | In a county with fewer than 60,000
inhabitants, the | ||||||
18 | Department may waive the bond
requirement upon a showing by | ||||||
19 | a licensee that it has sufficient funds on
deposit to | ||||||
20 | insure payment to the winners of such games.
| ||||||
21 | (8) A license is not assignable or transferable.
| ||||||
22 | (9) Unless the premises for conducting charitable | ||||||
23 | games are provided by
a
municipality, the Department shall | ||||||
24 | not issue a license
permitting a
person, firm
or | ||||||
25 | corporation to sponsor a charitable games night if the | ||||||
26 | premises for the
conduct of the charitable games has been |
| |||||||
| |||||||
1 | previously used for 8
charitable
games nights during the | ||||||
2 | previous 12 months.
| ||||||
3 | (10) Auxiliary organizations of a licensee shall not be
| ||||||
4 | eligible for a
license to conduct charitable games, except | ||||||
5 | for auxiliary organizations
of veterans organizations as | ||||||
6 | authorized in Section 2.
| ||||||
7 | (11) Charitable games must be conducted in accordance | ||||||
8 | with
local
building and fire code requirements.
| ||||||
9 | (12) The licensee shall consent to allowing the | ||||||
10 | Department's
employees
to be present on the premises | ||||||
11 | wherein the charitable games are conducted
and to inspect | ||||||
12 | or test equipment, devices and supplies used in the conduct
| ||||||
13 | of the game.
| ||||||
14 | Nothing in this Section shall be construed to prohibit a | ||||||
15 | licensee that
conducts charitable games on its own premises | ||||||
16 | from also obtaining a
providers' license in accordance with | ||||||
17 | Section 5.1.
The maximum number of charitable games events that | ||||||
18 | may be held in any one
premises is limited to 8 charitable | ||||||
19 | games events per calendar year.
| ||||||
20 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
21 | (230 ILCS 30/5) (from Ch. 120, par. 1125)
| ||||||
22 | Sec. 5. Providers' License. The Department shall issue a | ||||||
23 | providers'
license permitting a person, firm or corporation to | ||||||
24 | provide
premises for the conduct of charitable games. No | ||||||
25 | person, firm or
corporation may rent or otherwise provide |
| |||||||
| |||||||
1 | premises without having first
obtained a license . Applications | ||||||
2 | for providers' licenses shall be made in writing in accordance | ||||||
3 | with Department rules. The Department shall license providers | ||||||
4 | of charitable games at a nonrefundable annual fee of $50, or | ||||||
5 | nonrefundable triennial license fee of $150.
therefor upon | ||||||
6 | written application made, verified and
filed with the | ||||||
7 | Department in the form prescribed by the rules and
regulations | ||||||
8 | of the Department. Each providers' license is valid for one | ||||||
9 | year
from the date of issuance, or 3 years from date of | ||||||
10 | issuance for a triennial license, unless extended, suspended ,
| ||||||
11 | or revoked by Department action
before
that date. Any extension | ||||||
12 | of a providers' license shall not exceed one year.
The annual | ||||||
13 | fee for such providers' license
is $50. A provider may receive | ||||||
14 | reasonable compensation for the provision
of the premises. | ||||||
15 | Reasonable expenses shall include only those expenses defined | ||||||
16 | as reasonable by rules adopted by the Department.
The | ||||||
17 | compensation shall not be based upon a percentage of
the gross | ||||||
18 | proceeds from the charitable games. A provider, other than a
| ||||||
19 | municipality, may not provide
the same premises for conducting | ||||||
20 | more than 8 charitable games nights
per year.
A provider shall | ||||||
21 | not have any interest in any suppliers' business, either
direct | ||||||
22 | or indirect.
A municipality may provide the same premises for | ||||||
23 | conducting 16 charitable
games nights during a 12-month period. | ||||||
24 | No employee, officer, or owner of a
provider may participate in | ||||||
25 | the management or operation of a charitable games
event, even | ||||||
26 | if the employee, officer, or owner is also a member, volunteer, |
| |||||||
| |||||||
1 | or
employee of the charitable games licensee. A provider may | ||||||
2 | not promote or
solicit a charitable games event on behalf of a | ||||||
3 | charitable games licensee or
qualified organization.
Any | ||||||
4 | qualified organization licensed to conduct a
charitable game | ||||||
5 | need not obtain a providers' license if such games are to
be | ||||||
6 | conducted on the organization's premises.
| ||||||
7 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
8 | (230 ILCS 30/6) (from Ch. 120, par. 1126)
| ||||||
9 | Sec. 6. Supplier's license. The Department shall issue a | ||||||
10 | supplier's
license permitting a person,
firm , or corporation to | ||||||
11 | sell, lease, lend or distribute to any organization
licensed
to | ||||||
12 | conduct charitable games,
supplies, devices , and other | ||||||
13 | equipment designed for use in the playing of
charitable games.
| ||||||
14 | No person, firm , or corporation shall sell, lease , lend, or | ||||||
15 | distribute charitable
games supplies
or equipment without | ||||||
16 | having first obtained a license . Applications for suppliers' | ||||||
17 | licenses shall be made in writing in accordance with Department | ||||||
18 | rules. The Department shall license suppliers of charitable | ||||||
19 | games subject to a nonrefundable annual fee of $500, or a | ||||||
20 | nonrefundable triennial fee of $1,500.
therefor upon written
| ||||||
21 | application made, verified and filed with the Department in the | ||||||
22 | form prescribed
by the rules and regulations of the Department.
| ||||||
23 | Each supplier's license is
valid for a period of one year from | ||||||
24 | the date of issuance, or 3 years from date of issuance for a | ||||||
25 | triennial license, unless extended, suspended , or
revoked by |
| |||||||
| |||||||
1 | Department action before that date. Any extension of a | ||||||
2 | supplier's license shall not exceed one year. No licensed | ||||||
3 | supplier under this Act shall lease, lend, or distribute | ||||||
4 | charitable gaming equipment, supplies, or other devices to | ||||||
5 | persons not otherwise licensed to conduct charitable games | ||||||
6 | under this Act.
The annual fee for such
license is $500. The | ||||||
7 | Department may require by rule for the provision of
surety | ||||||
8 | bonds by suppliers. A supplier
shall keep among its books and | ||||||
9 | records and make available for inspection by the Department
| ||||||
10 | furnish the Department
with a list of all products and | ||||||
11 | equipment offered for sale or lease to any
organization | ||||||
12 | licensed to conduct charitable games, and all such products
and | ||||||
13 | equipment shall be sold or leased at the prices shown on the | ||||||
14 | books and records
on file with the
Department . A supplier shall | ||||||
15 | keep all such products and equipment
segregated and separate | ||||||
16 | from any other products, materials or equipment that
it might | ||||||
17 | own, sell , or lease.
A supplier must include in its application | ||||||
18 | for a license the exact
location of the storage of the | ||||||
19 | products, materials , or equipment. A
supplier, as a condition | ||||||
20 | of licensure, must consent to permitting the
Department's | ||||||
21 | employees to enter supplier's premises to inspect and test all
| ||||||
22 | equipment and devices.
A supplier shall keep books and records | ||||||
23 | for
the furnishing of products and equipment to charitable | ||||||
24 | games separate and
distinct from any other business the | ||||||
25 | supplier might operate. All products
and equipment supplied | ||||||
26 | must be in accord with the Department's rules and
regulations.
|
| |||||||
| |||||||
1 | A supplier shall not alter or modify any equipment or supplies, | ||||||
2 | or possess
any equipment or supplies so altered or modified, so | ||||||
3 | as to allow the
possessor or operator of the equipment to | ||||||
4 | obtain a greater chance of
winning a game other than as under | ||||||
5 | normal rules of play of such games.
The supplier shall not | ||||||
6 | require an organization to pay a
percentage of the proceeds | ||||||
7 | from the charitable games for the use of the
products or | ||||||
8 | equipment. The supplier shall
file a quarterly return with the
| ||||||
9 | Department listing all sales or leases for such quarter and the | ||||||
10 | gross
proceeds from such
sales or leases. A supplier shall | ||||||
11 | permanently affix his name to all
charitable games equipment, | ||||||
12 | supplies and pull tabs. A supplier shall not
have any interest | ||||||
13 | in any providers' business, either direct or indirect.
If the | ||||||
14 | supplier leases his equipment for use at an unlicensed | ||||||
15 | charitable
games or to an unlicensed sponsoring group, all | ||||||
16 | equipment so leased is
forfeited to the State.
| ||||||
17 | No person, firm or corporation shall sell, lease or
| ||||||
18 | distribute for compensation within this State, or possess with | ||||||
19 | intent to sell, lease or
distribute for compensation within | ||||||
20 | this State, any chips,
representations of money, wheels or any | ||||||
21 | devices or
equipment designed for use or used in the play of | ||||||
22 | charitable games
without first having obtained a license to do | ||||||
23 | so from the Department of
Revenue. Any person, firm or | ||||||
24 | corporation which knowingly violates this
paragraph shall be | ||||||
25 | guilty of a Class A misdemeanor, the fine for which
shall not | ||||||
26 | exceed $50,000.
|
| |||||||
| |||||||
1 | Organizations licensed to conduct charitable games may own | ||||||
2 | their own
equipment. Such organizations must apply to the | ||||||
3 | Department for an
ownership permit. Any such application must | ||||||
4 | be accompanied by a one-time, nonrefundable fee of $50 fee .
| ||||||
5 | Such organizations shall file an annual report listing their | ||||||
6 | inventory of
charitable games equipment. Such organizations | ||||||
7 | may lend such equipment
without compensation to other licensed | ||||||
8 | organizations without applying for a
suppliers license.
| ||||||
9 | No employee, owner, or officer of a supplier may
| ||||||
10 | participate in the management or operation of a charitable | ||||||
11 | games event,
even if the employee, owner, or officer is also a | ||||||
12 | member, volunteer, or
employee of the charitable games | ||||||
13 | licensee. A supplier may not promote or
solicit a charitable | ||||||
14 | games event on behalf of a charitable games licensee or
| ||||||
15 | qualified organization.
| ||||||
16 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
17 | (230 ILCS 30/7) (from Ch. 120, par. 1127)
| ||||||
18 | Sec. 7. Ineligible Persons. The following are ineligible | ||||||
19 | for any
license under this Act:
| ||||||
20 | (a) any person who has been convicted of a felony | ||||||
21 | within the last 10 years before
of
the date of the | ||||||
22 | application;
| ||||||
23 | (b) any person who has been convicted of a violation of | ||||||
24 | Article 28 of
the Criminal Code of 1961;
| ||||||
25 | (c) any person who has had a bingo, pull tabs and jar |
| |||||||
| |||||||
1 | games , or charitable games
license revoked
by the | ||||||
2 | Department;
| ||||||
3 | (d) any person who is or has been a professional | ||||||
4 | gambler;
| ||||||
5 | (d-1) any person found gambling in a manner not | ||||||
6 | authorized by this Act,
the Illinois Pull Tabs and Jar | ||||||
7 | Games Act, or the Bingo License and Tax Act participating | ||||||
8 | in such gambling, or knowingly
permitting such gambling on | ||||||
9 | premises where an authorized charitable games event
is
| ||||||
10 | authorized to be conducted
being or has been conducted;
| ||||||
11 | (e) any business or organization in which a person | ||||||
12 | defined in (a), (b), (c), (d),
or
(d-1)
has a proprietary, | ||||||
13 | equitable, or credit interest, or in which the person
is | ||||||
14 | active or employed;
| ||||||
15 | (f) any business or organization in which a person | ||||||
16 | defined
in (a), (b), (c), (d), or (d-1) is an
officer, | ||||||
17 | director, or employee, whether compensated or not;
| ||||||
18 | (g) any organization in which a person defined in (a), | ||||||
19 | (b),
(c), (d), or (d-1) is to
participate in the management | ||||||
20 | or operation of charitable games.
| ||||||
21 | The Department of State Police shall provide the criminal | ||||||
22 | background of
any person requested by the Department of | ||||||
23 | Revenue.
| ||||||
24 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
25 | (230 ILCS 30/8) (from Ch. 120, par. 1128)
|
| |||||||
| |||||||
1 | Sec. 8. The conducting of charitable games is subject to | ||||||
2 | the following
restrictions:
| ||||||
3 | (1) The entire net proceeds from charitable games must | ||||||
4 | be exclusively
devoted to the lawful purposes of the | ||||||
5 | organization permitted to conduct
that game.
| ||||||
6 | (2) No person except a bona fide member or employee of | ||||||
7 | the
sponsoring organization, or a volunteer recruited by | ||||||
8 | the sponsoring
organization, may participate in the | ||||||
9 | management or operation of the
game.
A person participates | ||||||
10 | in the management or operation of a charitable game
when he | ||||||
11 | or she sells admission tickets at the event; sells, | ||||||
12 | redeems, or in any
way assists in the selling or redeeming | ||||||
13 | of chips, scrip, or play money;
participates in the
| ||||||
14 | conducting of any of the games played during the event, or | ||||||
15 | supervises, directs
or instructs anyone conducting a game; | ||||||
16 | or at any time during the hours of the
charitable games | ||||||
17 | event counts, handles, or supervises anyone counting or
| ||||||
18 | handling any of the proceeds or chips, scrip, or play money | ||||||
19 | at the event. A
person who is present to
ensure that the | ||||||
20 | games are being conducted in conformance with the rules
| ||||||
21 | established by the licensed organization or is present to | ||||||
22 | insure that the
equipment is working
properly is considered | ||||||
23 | to be participating in the management or operation of a
| ||||||
24 | game. Setting up, cleaning up, selling food and drink, or | ||||||
25 | providing security
for persons or property at the event | ||||||
26 | does not constitute participation in the
management or |
| |||||||
| |||||||
1 | operation of the game.
| ||||||
2 | Only bona fide members, volunteers as defined in | ||||||
3 | Section 2 of this Act, and
employees of the sponsoring | ||||||
4 | organization may participate in the management or
| ||||||
5 | operation of the games. Participation
A person who | ||||||
6 | participates in the management or
operation
of the games is | ||||||
7 | limited to no more than 4 charitable games events, either | ||||||
8 | of the sponsoring organization or any other licensed | ||||||
9 | organization, during a calendar year.
and who is not a bona | ||||||
10 | fide member, volunteer as defined in
Section 2 of this Act, | ||||||
11 | or employee of the sponsoring organization, or who
receives | ||||||
12 | remuneration or other compensation either directly or | ||||||
13 | indirectly from
any
source for participating in the | ||||||
14 | management or operation of the games, or who
has | ||||||
15 | participated in the management or operation of more than 4
| ||||||
16 | charitable games events in the calendar year, commits a | ||||||
17 | violation
of this Act. In addition, a licensed organization | ||||||
18 | that utilizes any person
described in the preceding | ||||||
19 | sentence
commits a violation of this Act.
| ||||||
20 | (3) No person may receive any remuneration or | ||||||
21 | compensation either
directly or
indirectly from any source | ||||||
22 | for
participating in the management or operation of the | ||||||
23 | game.
| ||||||
24 | (4) No single bet at any game may exceed $10.
| ||||||
25 | (5) A bank shall be established on the premises to | ||||||
26 | convert currency into
chips, scrip, or other form of play |
| |||||||
| |||||||
1 | money which shall then be used to play
at
games of chance | ||||||
2 | which the participant chooses. Chips, scrip, or play money
| ||||||
3 | must be permanently monogrammed with the logo of the | ||||||
4 | licensed organization or of the
supplier. Each participant | ||||||
5 | must be issued a receipt indicating the amount
of chips, | ||||||
6 | scrip, or play money purchased.
| ||||||
7 | (6) At the conclusion of the event or when the | ||||||
8 | participant leaves, he
may cash in his chips, scrip, or | ||||||
9 | play money in exchange for currency not to
exceed $250 or | ||||||
10 | noncash prizes. Each participant shall sign for any receipt
| ||||||
11 | of prizes. The licensee shall provide the Department of | ||||||
12 | Revenue with a
listing of all prizes awarded , including the | ||||||
13 | retail value of all prizes awarded .
| ||||||
14 | (7) Each licensee shall be permitted to conduct | ||||||
15 | charitable games on
not more than 4 days each year. Nothing | ||||||
16 | in this Section shall be construed to prohibit a licensee | ||||||
17 | that conducts charitable games on its own premises from | ||||||
18 | also obtaining a providers' license in accordance with | ||||||
19 | Section 7 of this Act.
| ||||||
20 | (8) Unless the provider of the premises is a | ||||||
21 | municipality, the
provider of the premises may not rent or | ||||||
22 | otherwise provide the
premises for the conducting of more | ||||||
23 | than 8 charitable games nights per year.
| ||||||
24 | (9) A charitable games event is considered to be a | ||||||
25 | one-day event and charitable
Charitable games may not be | ||||||
26 | played between the hours of 2:00 a.m.
and noon.
|
| |||||||
| |||||||
1 | (10) No person under the age of 18 years may play or | ||||||
2 | participate in the
conducting of charitable games. Any | ||||||
3 | person under the age of 18 years
may be within the area | ||||||
4 | where charitable games are being played only
when | ||||||
5 | accompanied by his parent or guardian.
| ||||||
6 | (11) No one other than the sponsoring organization
of | ||||||
7 | charitable games must have a proprietary
interest in the | ||||||
8 | game promoted.
| ||||||
9 | (12) Raffles or other forms of gambling prohibited by | ||||||
10 | law shall not be
conducted on the premises where charitable | ||||||
11 | games are being conducted.
| ||||||
12 | (13) Such games are not expressly prohibited by county
| ||||||
13 | ordinance for
charitable games conducted in the | ||||||
14 | unincorporated areas of the county or
municipal ordinance | ||||||
15 | for charitable games conducted in the municipality and
the | ||||||
16 | ordinance is filed with the Department of Revenue. The | ||||||
17 | Department
shall provide each county or municipality with a | ||||||
18 | list of organizations
licensed or subsequently authorized | ||||||
19 | by the Department to conduct
charitable games in their | ||||||
20 | jurisdiction.
| ||||||
21 | (14) The sale of tangible personal property at | ||||||
22 | charitable games is
subject to all State and local taxes | ||||||
23 | and obligations.
| ||||||
24 | (15) Each licensee may offer or conduct only the games
| ||||||
25 | listed
below,
which must be conducted in accordance with
| ||||||
26 | rules posted by the organization. The organization |
| |||||||
| |||||||
1 | sponsoring charitable
games shall promulgate rules, and | ||||||
2 | make printed copies available to
participants, for the | ||||||
3 | following games: (a) roulette; (b) blackjack; (c)
poker; | ||||||
4 | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||||||
5 | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | ||||||
6 | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | ||||||
7 | merchandise wheel. A licensee need not offer or
conduct | ||||||
8 | every game permitted by law.
The conducting of games not | ||||||
9 | listed above is prohibited by this Act.
| ||||||
10 | (16) No slot machines or coin-in-the-slot-operated | ||||||
11 | devices
that allow a participant to play games of chance | ||||||
12 | shall be permitted to be used at the location and during | ||||||
13 | the time at which the charitable games are being conducted
| ||||||
14 | based upon cards
or dice
shall be permitted to be used at | ||||||
15 | the location and during the time at which
the charitable | ||||||
16 | games are being conducted .
| ||||||
17 | (17) No cards, dice, wheels, or other equipment may be | ||||||
18 | modified or
altered
so as to give the licensee a greater | ||||||
19 | advantage in winning, other than as
provided under the | ||||||
20 | normal rules of play of a particular game.
| ||||||
21 | (18) No credit shall be extended to any of the | ||||||
22 | participants.
| ||||||
23 | (19) (Blank).
No person may participate in the | ||||||
24 | management or operation of games
at more than 4 charitable | ||||||
25 | games events in any calendar year.
| ||||||
26 | (20) A supplier may have only one representative |
| |||||||
| |||||||
1 | present at the charitable
games event, for the exclusive | ||||||
2 | purpose of ensuring that its equipment is not
damaged.
| ||||||
3 | (21) No employee, owner, or officer of a consultant | ||||||
4 | service hired by a
licensed organization to perform | ||||||
5 | services at the event including, but not
limited to, | ||||||
6 | security for
persons or property at the event or services | ||||||
7 | before the event including, but
not limited to, training | ||||||
8 | for volunteers
or advertising may participate in the | ||||||
9 | management or operation of the games.
| ||||||
10 | (22) (Blank).
Volunteers as defined in Section 2 of | ||||||
11 | this Act and bona fide
members
and
employees of a | ||||||
12 | sponsoring organization may not receive remuneration or
| ||||||
13 | compensation, either directly or indirectly from any | ||||||
14 | source, for participating
in the management or operation of | ||||||
15 | games. They may participate in the
management or operation | ||||||
16 | of no more than 4 charitable games events, either of
the | ||||||
17 | sponsoring organization or any other licensed | ||||||
18 | organization, during a
calendar year.
| ||||||
19 | Nothing in this Section shall be construed to prohibit a | ||||||
20 | licensee that
conducts charitable games on its own premises | ||||||
21 | from also obtaining a
providers' license in accordance with | ||||||
22 | Section 5.1.
| ||||||
23 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
24 | (230 ILCS 30/9) (from Ch. 120, par. 1129)
| ||||||
25 | Sec. 9. There shall be paid to the Department of Revenue, |
| |||||||
| |||||||
1 | 3% of the
gross proceeds of charitable games conducted under | ||||||
2 | the provisions
of this Act. Such payments shall be made within | ||||||
3 | 30 days after the
completion of the games. Payment must be by | ||||||
4 | money order or certified
check. Accompanying each payment shall | ||||||
5 | be a return
report , on forms prescribed
provided by
the | ||||||
6 | Department of Revenue , listing the games conducted, the gross | ||||||
7 | income
derived and such other information as the Department of | ||||||
8 | Revenue may
require . Failure to submit either the payment or | ||||||
9 | the return
report within the
specified time may result in | ||||||
10 | suspension or revocation of the license . Tax returns filed | ||||||
11 | pursuant to this Act shall not be confidential and shall be | ||||||
12 | available for public inspection.
and
may be used in future | ||||||
13 | considerations for renewal of the license.
| ||||||
14 | The provisions of Section 2a of the Retailers' Occupation | ||||||
15 | Tax Act pertaining
to the furnishing of a bond or other | ||||||
16 | security are incorporated by reference
into this Act and are | ||||||
17 | applicable to licensees under this Act as a precondition
of | ||||||
18 | obtaining a license under this Act. For purposes of this Act | ||||||
19 | gross
proceeds shall be defined as all chips, scrip or other | ||||||
20 | form of play money
purchased or any fee or donation for | ||||||
21 | admission or entry into such games.
The Department shall | ||||||
22 | establish by rule the standards and criteria it will
use in | ||||||
23 | determining whether to require the furnishing of a bond or | ||||||
24 | other
security, the amount of such bond or other security, | ||||||
25 | whether to require the
furnishing of an additional bond or | ||||||
26 | other security by a licensee, and the
amount of such additional |
| |||||||
| |||||||
1 | bond or other security. Such standards and
criteria may include | ||||||
2 | payment history, general financial condition or other
factors | ||||||
3 | which may pose risks to insuring the payment to the Department | ||||||
4 | of
Revenue, of applicable taxes. Such rulemaking is subject to | ||||||
5 | the provisions
of the Illinois Administrative Procedure Act.
| ||||||
6 | The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, | ||||||
7 | 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | ||||||
8 | Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and | ||||||
9 | Interest Act,
which are not inconsistent with this Act shall | ||||||
10 | apply, as far as
practicable, to the subject matter of this Act | ||||||
11 | to the same extent as if
such provisions were included in this | ||||||
12 | Act. Financial reports filed pursuant
to this Act shall not be | ||||||
13 | confidential and shall be available for public
inspection. For | ||||||
14 | the purposes of this Act, references in such incorporated
| ||||||
15 | Sections of the Retailers' Occupation Tax Act to retailers, | ||||||
16 | sellers or
persons engaged in the business of selling tangible | ||||||
17 | personal property means
persons engaged in conducting | ||||||
18 | charitable games, and references in such
incorporated Sections | ||||||
19 | of the Retailers' Occupation Tax Act to sales of
tangible | ||||||
20 | personal property mean the conducting of charitable games and | ||||||
21 | the
making of charges for playing such games.
| ||||||
22 | All payments made to the Department of Revenue
of the sums | ||||||
23 | collected under this Section shall be deposited
into the | ||||||
24 | Illinois Gaming Law Enforcement Fund of the State Treasury.
| ||||||
25 | (Source: P.A. 87-205; 87-895 .)
|
| |||||||
| |||||||
1 | (230 ILCS 30/10) (from Ch. 120, par. 1130)
| ||||||
2 | Sec. 10. Each licensee
must keep a complete record of | ||||||
3 | charitable games
conducted
within the previous 3 years. Such | ||||||
4 | record shall be open to
inspection by
any employee of the | ||||||
5 | Department of Revenue during reasonable business
hours. Any
| ||||||
6 | employee of the Department may visit the premises and inspect | ||||||
7 | such
record
during, and for a reasonable time before and after, | ||||||
8 | charitable games.
Gross proceeds of charitable games shall be | ||||||
9 | segregated from other revenues
of the licensee, including bingo | ||||||
10 | receipts, and shall be placed in a
separate account.
| ||||||
11 | The Department may require that any person, organization or | ||||||
12 | corporation
licensed under this Act obtain from an Illinois | ||||||
13 | certified public accounting
firm at its own expense a certified | ||||||
14 | and unqualified financial statement
and verification of | ||||||
15 | records of such organization.
Failure of a charitable games | ||||||
16 | licensee to comply with this requirement within
90
days of | ||||||
17 | receiving notice from the Department may
result in suspension | ||||||
18 | or revocation of the licensee's license and forfeiture
of all | ||||||
19 | proceeds .
| ||||||
20 | The Department of Revenue may, at its discretion, suspend | ||||||
21 | or
shall
revoke
any license if
when it finds that the licensee | ||||||
22 | or any person
connected therewith
has violated or is violating | ||||||
23 | the provisions of this Act
or any rule promulgated under this | ||||||
24 | Act . However, in his or her
discretion, the
Director may review | ||||||
25 | the offenses subjecting the licensee to revocation and
may | ||||||
26 | issue a suspension. The decision to reduce a revocation to a |
| |||||||
| |||||||
1 | suspension,
and
the duration of the suspension, shall be made | ||||||
2 | by taking into account factors
that include, but are not | ||||||
3 | limited to, the licensee's previous history of
compliance with
| ||||||
4 | the Act and its rules, the number, seriousness, and duration of | ||||||
5 | the
violations,
and the licensee's cooperation in | ||||||
6 | discontinuing and correcting the violations.
Violations of | ||||||
7 | Sections 4, 5, 6, 7, and subsection (2) of Section 8 of this | ||||||
8 | Act
are considered to be more serious in nature than other | ||||||
9 | violations under this
Act. A
revocation or suspension shall be | ||||||
10 | in addition to, and not in lieu of, any other
civil penalties | ||||||
11 | or assessments that are authorized by this Act. No licensee
| ||||||
12 | under
this Act, while a charitable game is being conducted, | ||||||
13 | shall knowingly permit
the entry into any part of the licensed | ||||||
14 | premises by any person
who has been convicted of a violation of
| ||||||
15 | Article 28 of the Criminal Code of 1961.
| ||||||
16 | (Source: P.A. 94-986, eff. 6-30-06.)
| ||||||
17 | (230 ILCS 30/12) (from Ch. 120, par. 1132)
| ||||||
18 | Sec. 12. Penalties.
| ||||||
19 | (1) Any person who conducts or knowingly participates in an
| ||||||
20 | unlicensed charitable game commits the offense of gambling in | ||||||
21 | violation of
Section 28-1 of the Criminal Code of 1961, as | ||||||
22 | amended. Any person who
violates any provision of this Act, or | ||||||
23 | any person who fails to file a
charitable games return or who
| ||||||
24 | files a fraudulent return
or application under this Act, or any | ||||||
25 | person who willfully
knowingly
violates any rule or regulation |
| |||||||
| |||||||
1 | of the Department for the
administration
and enforcement of | ||||||
2 | this Act, or any officer or agent of an organization
or a | ||||||
3 | corporation
licensed under this Act who signs a fraudulent | ||||||
4 | return or application filed
on behalf of
such an organization | ||||||
5 | or corporation , is guilty of a Class
A misdemeanor. Any second | ||||||
6 | or subsequent violation of this Act constitutes
a Class 4 | ||||||
7 | felony.
| ||||||
8 | (2) Any organization that illegally conducts charitable | ||||||
9 | games, in addition to other penalties provided for in this Act, | ||||||
10 | shall be subject to a civil penalty equal to the amount of | ||||||
11 | gross proceeds derived from those unlicensed games, as well as | ||||||
12 | confiscation and forfeiture of all charitable games equipment | ||||||
13 | used in the conduct of those unlicensed games. | ||||||
14 | (3) Any organization licensed to conduct charitable games | ||||||
15 | that allows any form of illegal gambling to be conducted on the | ||||||
16 | premises where charitable games are being conducted, in | ||||||
17 | addition to other penalties provided for in this Act, shall be | ||||||
18 | subject to a civil penalty equal to the amount of gross | ||||||
19 | proceeds derived on that day from charitable games and any | ||||||
20 | illegal game that may have been conducted, as well as | ||||||
21 | confiscation and forfeiture of all charitable games equipment | ||||||
22 | used in the conduct of any unlicensed or illegal games. | ||||||
23 | (4) Any person who violates any provision of this Act or | ||||||
24 | knowingly violates any rule of the Department for the | ||||||
25 | administration of this Act, in addition to other penalties | ||||||
26 | provided, shall be subject to a civil penalty not to exceed |
| |||||||
| |||||||
1 | $250 for each separate violation. | ||||||
2 | (5) No person shall sell, lease, or distribute for | ||||||
3 | compensation within this State, or possess with intent to sell, | ||||||
4 | lease, or distribute for compensation within this State, any | ||||||
5 | chips, representations of money, wheels, or any devices or | ||||||
6 | equipment designed for use or used in the play of charitable | ||||||
7 | games without first having obtained a license to do so from the | ||||||
8 | Department of Revenue. Any person that knowingly violates this | ||||||
9 | paragraph is guilty of a Class A misdemeanor, the fine for | ||||||
10 | which shall not exceed $50,000.
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11 | (Source: P.A. 94-986, eff. 6-30-06.)
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12 | (230 ILCS 30/14.1 new)
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13 | Sec. 14.1. Severability. If any clause, sentence, Section, | ||||||
14 | provision, or part of this Act, or the application thereof to | ||||||
15 | any person or circumstance, shall be adjudged to be | ||||||
16 | unconstitutional, the remainder of this Act or its application | ||||||
17 | to persons or circumstances other than those to which it is | ||||||
18 | held invalid shall not be affected thereby.
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19 | (230 ILCS 25/4.1 rep.)
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20 | (230 ILCS 25/4.2 rep.)
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21 | Section 20. The Bingo License and Tax Act is amended by | ||||||
22 | repealing Sections 4.1 and 4.2.
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23 | (230 ILCS 30/11 rep.)
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1 | Section 25. The Charitable Games Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | repealing Section 11. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 99. Effective date. This Act takes effect July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | 2007. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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