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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Video Gaming
Act is amended by changing |
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| Sections 5, 15, 20, 25, 30, 35, 45, 55, 57, and 78 as follows: |
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| (230 ILCS 40/5)
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| Sec. 5. Definitions. As used in this Act:
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| "Board" means the Illinois Gaming Board.
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| "Credit" means one, 5, 10, or 25 cents either won or |
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| purchased by a player.
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| "Distributor" means an individual, partnership, or |
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| corporation , or limited liability company licensed under
this |
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| Act to buy, sell, lease, or distribute video gaming terminals |
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| or major
components or parts of video gaming terminals to or |
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| from terminal
operators.
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| "Terminal operator" means an individual, partnership , or |
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| corporation , or limited liability company that is
licensed |
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| under this Act and that owns, services, and maintains video
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| gaming terminals for placement in licensed establishments, |
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| licensed truck stop establishments, licensed fraternal
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| establishments, or licensed veterans establishments.
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| "Licensed technician" means an individual
who
is licensed |
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| under this Act to repair,
service, and maintain
video gaming |
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| terminals.
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| "Licensed terminal handler" means a person, including but |
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| not limited to an employee or independent contractor working |
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| for a manufacturer, distributor, supplier, technician, or |
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| terminal operator, who is licensed under this Act to possess or |
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| control a video gaming terminal or to have access to the inner |
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| workings of a video gaming terminal. A licensed terminal |
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| handler does not include an individual, partnership, or |
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| corporation , or limited liability company defined as a |
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| manufacturer, distributor, supplier, technician, or terminal |
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| operator under this Act. |
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| "Manufacturer" means an individual, partnership, or |
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| corporation , or limited liability company that is
licensed |
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| under this Act and that manufactures or assembles video gaming
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| terminals.
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| "Supplier" means an individual, partnership, or |
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| corporation , or limited liability company that is
licensed |
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| under this Act to supply major components or parts to video |
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| gaming
terminals to licensed
terminal operators.
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| "Net terminal income" means money put into a video gaming |
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| terminal minus
credits paid out to players.
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| "Video gaming terminal" means any electronic video game |
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| machine
that, upon insertion of cash, is available to play or |
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| simulate the play of
a video game, including but not limited to |
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| video poker, line up, and blackjack, as
authorized by the Board |
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| utilizing a video display and microprocessors in
which the |
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| player may receive free games or credits that can be
redeemed |
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| for cash. The term does not include a machine that directly
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| dispenses coins, cash, or tokens or is for amusement purposes |
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| only.
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| "Licensed establishment" means any licensed retail |
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| establishment where
alcoholic liquor is drawn, poured, mixed, |
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| or otherwise served for consumption
on the premises. "Licensed |
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| establishment" does not include a facility operated by an |
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| organization licensee, an intertrack wagering licensee, or an |
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| intertrack wagering location licensee licensed under the |
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| Illinois Horse Racing Act of 1975 or a riverboat licensed under |
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| the Riverboat Gambling Act.
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| "Licensed fraternal establishment" means the location |
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| where a qualified
fraternal organization that derives its |
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| charter from a national fraternal
organization regularly |
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| meets.
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| "Licensed veterans establishment" means the location where |
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| a qualified
veterans organization that derives its charter from |
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| a national veterans
organization regularly meets.
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| "Licensed truck stop establishment" means a facility (i) |
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| that is at least a
3-acre facility with a convenience store , |
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| (ii) and with separate diesel
islands for fueling commercial |
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| motor vehicles , (iii) that sells at retail more than 10,000 |
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| gallons of diesel or biodiesel fuel per month, and (iv) with |
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| and parking spaces for commercial
motor vehicles . "Commercial |
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| motor vehicles" has the same meaning as defined in Section |
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| 18b-101 of the Illinois Vehicle Code. The requirement of item |
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| (iii) of this paragraph may be met by showing that estimated |
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| future sales or past sales average at least 10,000 gallons per |
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| month.
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| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) |
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| (230 ILCS 40/15)
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| Sec. 15. Minimum requirements for
licensing and |
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| registration. Every video gaming terminal offered for
play |
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| shall first be
tested and approved pursuant to the rules of the |
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| Board, and
each video gaming terminal offered in this State for |
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| play shall conform to an
approved
model. The Board may utilize |
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| the services of an independent outside testing laboratory for |
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| the
examination of video gaming machines and associated |
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| equipment as required
by this Section. Every video gaming |
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| terminal offered in this State for play must meet minimum |
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| standards set by an independent outside testing laboratory |
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| approved by the Board. Each approved model shall, at a minimum, |
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| meet the following
criteria:
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| (1) It must conform to all requirements of federal law |
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| and
regulations, including FCC Class A
Emissions |
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| Standards.
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| (2) It must theoretically pay out a mathematically |
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| demonstrable percentage
during the expected lifetime of |
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| the machine
of all amounts played, which must not be less |
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| than 80%. The Board shall establish a maximum payout |
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| percentage for approved models by rule. Video gaming
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| terminals that may be affected by skill must meet this |
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| standard when using a
method of play that will provide the |
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| greatest return to the player over a
period of continuous |
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| play.
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| (3) It must use a random selection process to determine |
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| the outcome of
each play of a game. The random selection |
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| process must meet 99% confidence
limits using a standard |
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| chi-squared test for (randomness) goodness of fit.
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| (4) It must display an accurate representation of the |
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| game outcome.
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| (5) It must not automatically alter pay tables or any |
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| function of the
video gaming terminal based on internal |
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| computation of hold percentage or have
any means of |
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| manipulation that affects the random selection process or
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| probabilities of winning a game.
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| (6) It must not be adversely affected by static |
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| discharge or other
electromagnetic interference.
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| (7) It must be capable of detecting and displaying the |
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| following
conditions
during idle states or on demand: power |
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| reset; door open; and door just closed.
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| (8) It must have the capacity to display complete play |
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| history
(outcome, intermediate play steps, credits |
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| available, bets placed, credits
paid, and credits cashed |
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| out) for the most recent game played and 10 games
prior
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| thereto.
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| (9) The theoretical payback percentage of a video |
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| gaming terminal must
not be
capable of being changed |
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| without making a hardware or software change in
the video |
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| gaming terminal , either on site or via the central |
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| communications system .
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| (10) Video gaming terminals must be designed so that |
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| replacement of
parts or modules required for normal |
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| maintenance does not necessitate
replacement of the |
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| electromechanical meters.
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| (11) It must have nonresettable meters housed in a |
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| locked area of the
terminal that
keep a permanent record of |
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| all cash inserted into the machine, all winnings
made by |
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| the terminal printer, credits played in for video gaming |
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| terminals, and
credits won by video gaming players. The |
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| video gaming terminal must provide
the means for on-demand |
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| display of stored information as determined by the
Board.
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| (12) Electronically stored meter information required |
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| by this Section
must be preserved for a minimum of 180 days |
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| after a power loss to the service.
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| (13) It must have one or more mechanisms that accept |
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| cash in the
form of
bills. The mechanisms shall be designed |
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| to prevent obtaining credits without
paying by stringing, |
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| slamming, drilling, or other means. If such attempts at |
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| physical tampering are made, the video gaming terminal |
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| shall suspend itself from operating until reset.
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| (14) It shall have accounting software that keeps an |
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| electronic record
which includes, but is not limited to, |
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| the following: total cash inserted
into the video gaming |
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| terminal; the value of winning tickets claimed by
players; |
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| the
total credits played; the total
credits awarded
by a |
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| video gaming terminal; and pay back percentage credited to |
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| players of each video game.
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| (15) It shall be linked by a central communications |
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| system
to provide
auditing program information as approved |
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| by the Board. The central communications system shall use a |
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| standard industry protocol, as defined by the Gaming |
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| Standards Association, and shall have the functionality to |
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| enable the Board or its designee to activate or deactivate |
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| individual gaming devices from the central communications |
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| system. In no event may the
communications system approved |
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| by the Board limit participation to only one
manufacturer |
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| of video gaming terminals by either the cost in |
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| implementing
the necessary program modifications to |
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| communicate or the inability to
communicate with the |
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| central communications system.
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| (16) The Board, in its discretion, may require video |
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| gaming terminals to display Amber Alert messages if the |
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| Board makes a finding that it would be economically and |
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| technically feasible and pose no risk to the integrity and |
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| security of the central communications system and video |
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| gaming terminals.
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| The Board may adopt rules to establish additional criteria |
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| to preserve the integrity and security of video gaming in this |
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| State. The central communications system vendor may not hold |
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| any license issued by the Board under this Act. |
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| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) |
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| (230 ILCS 40/20)
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| Sec. 20. Direct dispensing of receipt tickets only. A video |
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| gaming
terminal may not
directly dispense coins, cash, tokens, |
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| or any other article of exchange or
value except for receipt |
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| tickets. Tickets shall be dispensed by
pressing the ticket |
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| dispensing button on the video gaming terminal at the end
of |
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| one's turn or play. The ticket shall indicate the total amount |
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| of credits
and the cash award, the time of day in a 24-hour |
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| format showing hours and
minutes, the date, the
terminal serial |
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| number, the sequential number of the ticket, and an encrypted
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| validation number from which the validity of the prize may be |
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| determined.
The player shall turn in this ticket to the |
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| appropriate
person at the licensed establishment, licensed |
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| truck stop establishment, licensed fraternal establishment,
or
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| licensed veterans establishment
to receive the cash award. The |
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| cost
of the credit shall be one cent, 5 cents, 10 cents, or 25 |
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| cents, and the maximum
wager played per hand shall not exceed |
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| $2.
No cash award for the maximum wager on any
individual hand |
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| shall exceed $500.
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| (Source: P.A. 96-34, eff. 7-13-09.)
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| (230 ILCS 40/25)
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| Sec. 25. Restriction of licensees.
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| (a) Manufacturer. A person may not be licensed as a |
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| manufacturer of a
video gaming terminal in Illinois unless the |
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| person has a valid
manufacturer's license issued
under this |
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| Act. A manufacturer may only sell video gaming terminals for |
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| use
in Illinois to
persons having a valid distributor's |
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| license.
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| (b) Distributor. A person may not sell, distribute, or |
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| lease
or market a video gaming terminal in Illinois unless the |
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| person has a valid
distributor's
license issued under this Act. |
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| A distributor may only sell video gaming
terminals for use in
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| Illinois to persons having a valid distributor's or terminal |
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| operator's
license.
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| (c) Terminal operator. A person may not own, maintain, or |
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| place a video gaming terminal unless he has a valid terminal |
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| operator's
license issued
under this Act. A terminal operator |
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| may only place video gaming terminals for
use in
Illinois in |
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| licensed establishments, licensed truck stop establishments, |
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| licensed fraternal establishments,
and
licensed veterans |
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| establishments.
No terminal operator may give anything of |
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| value, including but not limited to
a loan or financing |
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| arrangement, to a licensed establishment, licensed truck stop |
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| establishment,
licensed fraternal establishment, or licensed |
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| veterans establishment as
any incentive or inducement to locate |
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| video terminals in that establishment.
Of the after-tax profits
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| from a video gaming terminal, 50% shall be paid to the terminal
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| operator and 50% shall be paid to the licensed establishment, |
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| licensed truck stop establishment,
licensed fraternal |
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| establishment, or
licensed veterans establishment, |
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| notwithstanding nothwithstanding any agreement to the |
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| contrary.
No terminal
operator may own or have a substantial |
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| interest in more than 5% of the video
gaming terminals licensed |
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| in this State. A video terminal operator that violates one or |
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| more requirements of this subsection is guilty of a Class 4 |
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| felony and is subject to termination of his or her license by |
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| the Board.
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| (d) Licensed technician. A person may not service, |
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| maintain, or repair a
video gaming terminal
in this State |
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| unless he or she (1) has a valid technician's license issued
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| under this Act, (2) is a terminal operator, or (3) is employed |
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| by a terminal
operator, distributor, or manufacturer.
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| (d-5) Licensed terminal handler. No person, including, but |
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| not limited to, an employee or independent contractor working |
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| for a manufacturer, distributor, supplier, technician, or |
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| terminal operator licensed pursuant to this Act, shall have |
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| possession or control of a video gaming terminal, or access to |
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| the inner workings of a video gaming terminal, unless that |
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| person possesses a valid terminal handler's license issued |
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| under this Act. |
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| (e) Licensed establishment. No video gaming terminal may be |
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| placed in any licensed establishment, licensed veterans |
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| establishment, licensed truck stop establishment,
or licensed |
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| fraternal establishment
unless the owner
or agent of the owner |
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| of the licensed establishment, licensed veterans |
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| establishment, licensed truck stop establishment, or licensed
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| fraternal establishment has entered into a
written use |
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| agreement with the terminal operator for placement of the
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| terminals. A copy of the use agreement shall be on file in the |
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| terminal
operator's place of business and available for |
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| inspection by individuals
authorized by the Board. A licensed |
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| establishment, licensed truck stop establishment, licensed |
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| veterans establishment,
or
licensed
fraternal
establishment |
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| may operate up to 5 video gaming terminals on its premises at |
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| any
time.
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| (f) (Blank).
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| (g) Financial interest restrictions.
As used in this Act, |
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| "substantial interest" in a partnership, a corporation, an
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| organization, an association, or a business , or a limited |
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| liability company means:
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| (A) When, with respect to a sole proprietorship, an |
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| individual or
his or her spouse owns, operates, manages, or |
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| conducts, directly
or indirectly, the organization, |
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| association, or business, or any part thereof;
or
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| (B) When, with respect to a partnership, the individual |
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| or his or
her spouse shares in any of the profits, or |
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| potential profits,
of the partnership activities; or
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| (C) When, with respect to a corporation, an individual |
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| or his or her
spouse is an officer or director, or the |
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| individual or his or her spouse is a holder, directly or |
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| beneficially, of 5% or more of any class
of stock of the |
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| corporation; or
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| (D) When, with respect to an organization not covered |
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| in (A), (B) or
(C) above, an individual or his or her |
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| spouse is an officer or manages the
business affairs, or |
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| the individual or his or her spouse is the
owner of or |
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| otherwise controls 10% or more of the assets of the |
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| organization;
or
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| (E) When an individual or his or her spouse furnishes
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| 5% or more of the capital, whether in cash, goods, or |
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| services, for the
operation of any business, association, |
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| or organization during any calendar
year ; or . |
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| (F) When, with respect to a limited liability company, |
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| an individual or his or her
spouse is a member, or the |
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| individual or his or her spouse is a holder, directly or |
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| beneficially, of 5% or more of the membership interest of |
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| the limited liability company.
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| For purposes of this subsection (g), "individual" includes |
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| all individuals or their spouses whose combined interest would |
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| qualify as a substantial interest under this subsection (g) and |
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| whose activities with respect to an organization, association, |
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| or business are so closely aligned or coordinated as to |
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| constitute the activities of a single entity. |
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| (h) Location restriction. A licensed establishment, |
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| licensed truck stop establishment, licensed
fraternal
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| establishment, or licensed veterans establishment that is (i) |
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| located within 1,000
feet of a facility operated by an |
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| organization organizational licensee, an inter-track |
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| intertrack wagering licensee, or an inter-track intertrack |
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| wagering location licensee licensed under the Illinois Horse |
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| Racing Act of 1975 or the home dock of a riverboat licensed |
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| under the Riverboat
Gambling Act or (ii) located within with a |
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| 100 feet of a school or a place of worship under the Religious |
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| Corporation Act, is ineligible to operate a video gaming |
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| terminal. The location restrictions in this subsection (h) do |
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| not apply if a facility operated by an organization licensee, |
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| an inter-track wagering licensee, or an inter-track wagering |
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| location licensee, a school, or a place of worship moves to or |
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| is established within the restricted area after a licensed |
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| establishment, licensed truck stop establishment, licensed |
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| fraternal establishment, or licensed veterans establishment |
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| becomes licensed under this Act. For the purpose of this |
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| subsection, "school" means an elementary or secondary public |
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| school, or an elementary or secondary private school registered |
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| with or recognized by the State Board of Education. |
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| Notwithstanding the provisions of this subsection (h), the |
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| Board may waive the requirement that a licensed establishment, |
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| licensed truck stop establishment, licensed fraternal |
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| establishment, or licensed veterans establishment not be |
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| located within 1,000 feet from a facility operated by an |
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| organization licensee, an inter-track wagering licensee, or an |
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| inter-track wagering location licensee licensed under the |
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| Illinois Horse Racing Act of 1975 or the home dock of a |
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| riverboat licensed under the Riverboat Gambling Act. The Board |
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| shall not grant such waiver if there is any common ownership or |
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| control, shared business activity, or contractual arrangement |
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| of any type between the establishment and the organization |
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| licensee, inter-track wagering licensee, inter-track wagering |
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| location licensee, or owners licensee of a riverboat. The Board |
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| shall adopt rules to implement the provisions of this |
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| paragraph. |
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| (i) Undue economic concentration. In addition to |
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| considering all other requirements under this Act, in deciding |
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| whether to approve the operation of video gaming terminals by a |
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| terminal operator in a location, the Board shall consider the |
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| impact of any economic concentration of such operation of video |
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| gaming terminals. The Board shall not allow a terminal operator |
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| to operate video gaming terminals if the Board determines such |
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| operation will result in undue economic concentration. For |
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| purposes of this Section, "undue economic concentration" means |
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| that a terminal operator would have such actual or potential |
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| influence over video gaming terminals in Illinois as to: |
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| (1) substantially impede or suppress competition among |
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| terminal operators; |
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| (2) adversely impact the economic stability of the |
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| video gaming industry in Illinois; or |
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| (3) negatively impact the purposes of the Video Gaming |
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| Act. |
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| The Board shall adopt rules concerning undue economic |
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| concentration with respect to the operation of video gaming |
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| terminals in Illinois. The rules shall include, but not be |
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| limited to, (i) limitations on the number of video gaming |
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| terminals operated by any terminal operator within a defined |
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| geographic radius and (ii) guidelines on the discontinuation of |
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| operation of any such video gaming terminals the Board |
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| determines will cause undue economic concentration.
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| (j) (i) The provisions of the Illinois Antitrust Act are |
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| fully and equally applicable to the activities of any licensee |
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| under this Act.
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| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, |
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| eff. 7-13-09; revised 8-17-09.)
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| (230 ILCS 40/30)
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| Sec. 30. Multiple types of licenses prohibited. A video |
18 |
| gaming
terminal
manufacturer may not be licensed as a video |
19 |
| gaming terminal
operator or own, manage, or control a licensed
|
20 |
| establishment, licensed truck stop establishment, licensed |
21 |
| fraternal establishment, or licensed veterans
establishment, |
22 |
| and shall be licensed to sell only to persons having a valid |
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| distributor's license or, if the manufacturer also holds a |
24 |
| valid distributor's license, to sell, distribute, lease, or |
25 |
| market to persons having a valid terminal operator's license |
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HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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| only to sell to distributors . A video
gaming terminal |
2 |
| distributor may not be licensed as a
video gaming terminal |
3 |
| operator or own, manage, or
control a
licensed establishment, |
4 |
| licensed truck stop establishment, licensed fraternal |
5 |
| establishment, or licensed
veterans
establishment, and shall |
6 |
| only contract with a licensed terminal
operator. A video gaming |
7 |
| terminal operator may not be licensed as
a video
gaming |
8 |
| terminal manufacturer or distributor or own, manage, or control |
9 |
| a
licensed establishment, licensed truck stop establishment, |
10 |
| licensed fraternal establishment, or licensed
veterans
|
11 |
| establishment, and shall be licensed only to contract with |
12 |
| licensed
distributors and licensed establishments, licensed |
13 |
| truck stop establishments,
licensed fraternal
establishments,
|
14 |
| and licensed veterans establishments. An owner or manager of a
|
15 |
| licensed establishment, licensed truck stop establishment, |
16 |
| licensed fraternal
establishment, or licensed
veterans
|
17 |
| establishment may not be licensed as a video gaming terminal
|
18 |
| manufacturer, distributor, or operator, and shall only |
19 |
| contract with a
licensed operator to place and service this |
20 |
| equipment.
|
21 |
| (Source: P.A. 96-34, eff. 7-13-09.) |
22 |
| (230 ILCS 40/35)
|
23 |
| Sec. 35. Display of license; confiscation; violation as |
24 |
| felony. |
25 |
| (a) Each
video gaming terminal shall be licensed by the |
|
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HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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| Board before placement
or operation on the premises of a |
2 |
| licensed establishment, licensed truck stop
establishment, |
3 |
| licensed
fraternal establishment, or licensed veterans |
4 |
| establishment. The license of
each video gaming terminal shall |
5 |
| be maintained
at the location where the video gaming terminal |
6 |
| is operated. Failure to do so
is a petty offense with a fine
|
7 |
| not to exceed $100.
Any licensed establishment, licensed truck |
8 |
| stop establishment, licensed
fraternal establishment, or |
9 |
| licensed
veterans establishment
used for the conduct of |
10 |
| gambling games in violation of this Act shall be
considered a |
11 |
| gambling place in violation of Section 28-3 of the Criminal
|
12 |
| Code of 1961. Every gambling device found in
a licensed |
13 |
| establishment, licensed truck stop establishment, licensed |
14 |
| fraternal
establishment, or licensed
veterans establishment |
15 |
| operating gambling games in violation of this
Act shall be |
16 |
| subject to seizure, confiscation, and destruction as provided
|
17 |
| in Section 28-5 of the Criminal Code of 1961.
Any license |
18 |
| issued under the Liquor Control Act
of 1934 to any owner or |
19 |
| operator of a licensed establishment, licensed truck
stop |
20 |
| establishment, licensed
fraternal establishment, or licensed |
21 |
| veterans establishment that operates or
permits the operation |
22 |
| of a video gaming terminal within its establishment in
|
23 |
| violation of this Act shall be immediately revoked.
No person |
24 |
| may own, operate, have in his or her possession or custody or |
25 |
| under
his or her control, or permit to be kept in any place |
26 |
| under his or her
possession or control, any
device that awards |
|
|
|
HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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| credits and contains a circuit, meter, or switch capable of
|
2 |
| removing and recording the removal of credits when the award of |
3 |
| credits is
dependent upon chance. A violation of this Section |
4 |
| is a Class 4 felony. All
devices that are owned, operated, or |
5 |
| possessed in violation of this Section are
hereby declared to |
6 |
| be public nuisances and shall be subject to seizure,
|
7 |
| confiscation, and destruction as provided in Section 28-5 of |
8 |
| the Criminal Code
of 1961.
The provisions of this Section do |
9 |
| not apply to devices or electronic video
game terminals |
10 |
| licensed pursuant to this Act. A video gaming terminal operated |
11 |
| for amusement only and bearing a valid amusement tax sticker |
12 |
| issued prior to the effective date of this amendatory Act of |
13 |
| the 96th General Assembly shall not be subject to this Section |
14 |
| until the sooner of (i) the expiration of the amusement tax |
15 |
| sticker or (ii) 30 days after the Board establishes that the |
16 |
| central communications system is functional.
|
17 |
| (b) (1) The odds of winning each video game shall be posted |
18 |
| on or near each video gaming terminal. The manner in which the |
19 |
| odds are calculated and how they are posted shall be determined |
20 |
| by the Board by rule. |
21 |
| (2) No video gaming terminal licensed under this Act may be |
22 |
| played except during the legal hours of operation allowed for |
23 |
| the consumption of alcoholic beverages at the licensed |
24 |
| establishment, licensed fraternal establishment, or licensed |
25 |
| veterans establishment. A licensed establishment, licensed |
26 |
| fraternal establishment, or licensed veterans establishment |
|
|
|
HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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|
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| that violates this subsection is subject to termination of its |
2 |
| license by the Board. |
3 |
| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
|
4 |
| (230 ILCS 40/45)
|
5 |
| Sec. 45. Issuance of license.
|
6 |
| (a) The burden is upon each applicant to
demonstrate his |
7 |
| suitability for licensure. Each video gaming terminal
|
8 |
| manufacturer, distributor, supplier, operator, handler, |
9 |
| licensed establishment, licensed truck stop establishment, |
10 |
| licensed
fraternal
establishment, and licensed veterans |
11 |
| establishment shall be
licensed by the Board.
The Board may |
12 |
| issue or deny a license under this Act to any person pursuant |
13 |
| to the same criteria set forth in Section 9 of the Riverboat |
14 |
| Gambling Act.
|
15 |
| (a-5) The Board shall not grant a license to a person who |
16 |
| has facilitated, enabled, or participated in the use of |
17 |
| coin-operated devices for gambling purposes or who is under the |
18 |
| significant influence or control of such a person. For the |
19 |
| purposes of this Act, "facilitated, enabled, or participated in |
20 |
| the use of coin-operated amusement devices for gambling |
21 |
| purposes" means that the person has been convicted of any |
22 |
| violation of Article 28 of the Criminal Code of 1961. If there |
23 |
| is pending legal action against a person for any such |
24 |
| violation, then the Board shall delay the licensure of that |
25 |
| person until the legal action is resolved. |
|
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|
HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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|
1 |
| (b) Each person seeking and possessing a license as a video |
2 |
| gaming terminal manufacturer, distributor, supplier, operator, |
3 |
| handler, licensed establishment, licensed truck stop |
4 |
| establishment, licensed fraternal establishment, or licensed |
5 |
| veterans establishment shall submit to a background |
6 |
| investigation conducted by the Board with the assistance of the |
7 |
| State Police or other law enforcement. The background |
8 |
| investigation shall include each beneficiary of a trust, each |
9 |
| partner of a partnership, and each director and officer and all |
10 |
| stockholders of 5% or more in a parent or subsidiary |
11 |
| corporation of a video gaming terminal manufacturer, |
12 |
| distributor, supplier, operator, or licensed establishment, |
13 |
| licensed truck stop establishment, licensed fraternal |
14 |
| establishment, or licensed veterans establishment. |
15 |
| (c) Each person seeking and possessing a license as a video |
16 |
| gaming terminal manufacturer, distributor, supplier, operator, |
17 |
| handler, licensed establishment, licensed truck stop |
18 |
| establishment, licensed fraternal establishment, or licensed |
19 |
| veterans establishment shall disclose the identity of every |
20 |
| person, association, trust, or corporation , or limited |
21 |
| liability company having a greater than 1% direct or indirect |
22 |
| pecuniary interest in the video gaming terminal operation for |
23 |
| to which the license is sought. If the disclosed entity is a |
24 |
| trust, the application shall disclose the names and addresses |
25 |
| of the beneficiaries; if a corporation, the names and addresses |
26 |
| of all stockholders and directors; if a limited liability |
|
|
|
HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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1 |
| company, the names and addresses of all members; or if a |
2 |
| partnership, the names and addresses of all partners, both |
3 |
| general and limited. |
4 |
| (d) No person may be licensed as a video gaming terminal |
5 |
| manufacturer, distributor, supplier, operator, handler, |
6 |
| licensed establishment, licensed truck stop establishment, |
7 |
| licensed fraternal establishment, or licensed veterans |
8 |
| establishment if that person has been found by the Board to: |
9 |
| (1) have a background, including a criminal record, |
10 |
| reputation, habits, social or business associations, or |
11 |
| prior activities that pose a threat to the public interests |
12 |
| of the State or to the security and integrity of video |
13 |
| gaming; |
14 |
| (2) create or enhance the dangers of unsuitable, |
15 |
| unfair, or illegal practices, methods, and activities in |
16 |
| the conduct of video gaming; or |
17 |
| (3) present questionable business practices and |
18 |
| financial arrangements incidental to the conduct of video |
19 |
| gaming activities. |
20 |
| (e) Any applicant for any license under this Act has the |
21 |
| burden of proving his or her qualifications to the satisfaction |
22 |
| of the Board. The Board may adopt rules to establish additional |
23 |
| qualifications and requirements to preserve the integrity and |
24 |
| security of video gaming in this State. |
25 |
| (f) A non-refundable application fee shall be paid at the |
26 |
| time an
application for a license is filed with the Board in |
|
|
|
HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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|
1 |
| the following amounts:
|
2 |
| (1) Manufacturer ..........................$5,000
|
3 |
| (2) Distributor ...........................$5,000
|
4 |
| (3) Terminal operator .....................$5,000
|
5 |
| (4) Supplier ..............................$2,500
|
6 |
| (5) Technician ..............................$100
|
7 |
| (6) Terminal Handler ..............................$50 |
8 |
| (g) The Board shall establish an
annual fee for each |
9 |
| license not to exceed the following: |
10 |
| (1) Manufacturer .........................$10,000
|
11 |
| (2) Distributor ..........................$10,000
|
12 |
| (3) Terminal operator .....................$5,000
|
13 |
| (4) Supplier ..............................$2,000
|
14 |
| (5) Technician ..............................$100
|
15 |
| (6) Licensed establishment, licensed truck stop
|
16 |
| establishment, licensed fraternal establishment,
|
17 |
| or licensed veterans establishment ..............$100
|
18 |
| (7) Video gaming terminal ...................$100
|
19 |
| (8) Terminal Handler ..............................$50
|
20 |
| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, |
21 |
| eff. 7-13-09; revised 8-17-09.)
|
22 |
| (230 ILCS 40/55)
|
23 |
| Sec. 55. Precondition for licensed location establishment . |
24 |
| In all cases of
application for a licensed location |
25 |
| establishment ,
to operate a video gaming terminal,
each |
|
|
|
HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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|
1 |
| licensed establishment licensed truck stop establishment , |
2 |
| licensed
fraternal establishment, or licensed veterans
|
3 |
| establishment
shall
possess a valid liquor license issued by |
4 |
| the Illinois Liquor Control Commission
in effect at the time of |
5 |
| application
and at all times thereafter during which a video
|
6 |
| gaming terminal is made available to the public for play at |
7 |
| that location. Video gaming terminals in a licensed location |
8 |
| shall be
operated only during the same hours of operation |
9 |
| generally permitted to holders of a license under the Liquor |
10 |
| Control Act of 1934 within the unit of local government in |
11 |
| which they are located. A licensed truck stop establishment |
12 |
| that does not hold a liquor license may operate video gaming |
13 |
| terminals on a continuous basis. A licensed fraternal |
14 |
| establishment or licensed veterans establishment that does not |
15 |
| hold a liquor license may operate video gaming terminals if (i) |
16 |
| the establishment is located in a county with a population |
17 |
| between 6,500 and 7,000, based on the 2000 U.S. Census, (ii) |
18 |
| the county prohibits by ordinance the sale of alcohol, and |
19 |
| (iii) the establishment is in a portion of the county where the |
20 |
| sale of alcohol is prohibited.
|
21 |
| (Source: P.A. 96-34, eff. 7-13-09.) |
22 |
| (230 ILCS 40/57)
|
23 |
| Sec. 57. Insurance. Each terminal operator licensed |
24 |
| establishment, licensed truck stop
establishment, licensed |
25 |
| fraternal
establishment, and licensed veterans establishment |
|
|
|
HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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|
1 |
| shall maintain liability insurance on
any gaming device that it |
2 |
| places in a licensed video gaming location on its premises in
|
3 |
| an amount set by the Board.
|
4 |
| (Source: P.A. 96-34, eff. 7-13-09.) |
5 |
| (230 ILCS 40/78)
|
6 |
| Sec. 78. Authority of the Illinois Gaming Board. |
7 |
| (a) The Board shall have jurisdiction over and shall |
8 |
| supervise all gaming operations governed by this Act. The Board |
9 |
| shall have all powers necessary and proper to fully and |
10 |
| effectively execute the provisions of this Act, including, but |
11 |
| not limited to, the following: |
12 |
| (1) To investigate applicants and determine the |
13 |
| eligibility of applicants for licenses and to select among |
14 |
| competing applicants the applicants which best serve the |
15 |
| interests of the citizens of Illinois. |
16 |
| (2) To have jurisdiction and supervision over all video |
17 |
| gaming operations in this State and all persons in |
18 |
| establishments where video gaming operations are |
19 |
| conducted. |
20 |
| (3) To adopt rules for the purpose of administering the |
21 |
| provisions of this Act and to prescribe rules, regulations, |
22 |
| and conditions under which all video gaming in the State |
23 |
| shall be conducted. Such rules and regulations are to |
24 |
| provide for the prevention of practices detrimental to the |
25 |
| public interest and for the best interests of video gaming, |
|
|
|
HB4927 Enrolled |
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LRB096 17755 KTG 33121 b |
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|
1 |
| including rules and regulations regarding the inspection |
2 |
| of such establishments and the review of any permits or |
3 |
| licenses necessary to operate an establishment under any |
4 |
| laws or regulations applicable to establishments and to |
5 |
| impose penalties for violations of this Act and its rules.
|
6 |
| (b) The Within 60 days after the effective date of this |
7 |
| amendatory Act of the 96th General Assembly, the Board shall |
8 |
| adopt emergency rules to administer this Act in accordance with |
9 |
| Section 5-45 of the Illinois Administrative Procedure Act. For |
10 |
| the purposes of the Illinois Administrative Procedure Act, the |
11 |
| General Assembly finds that the adoption of rules to implement |
12 |
| this Act is deemed an emergency and necessary to the public |
13 |
| interest, safety, and welfare.
|
14 |
| (Source: P.A. 96-38, eff. 7-13-09.) |
15 |
| Section 97. Severability. The provisions of this Act are |
16 |
| severable under Section 1.31 of the Statute on Statutes.
|
17 |
| Section 99. Effective date. This Act takes effect upon |
18 |
| becoming law.
|