|
Sen. James F. Clayborne, Jr.
Filed: 5/9/2013
| | 09800HB0996sam001 | | LRB098 02797 AMC 45716 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 996
|
2 | | AMENDMENT NO. ______. Amend House Bill 996 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Charitable Games Act is amended by changing |
5 | | Sections 3, 4, 5, 8, and 9 as follows:
|
6 | | (230 ILCS 30/3) (from Ch. 120, par. 1123)
|
7 | | Sec. 3. The Department of Revenue shall, upon application |
8 | | therefor
on forms prescribed by the Department, and upon the |
9 | | payment of a nonrefundable annual
fee of $400 due upon |
10 | | application and each renewal $200 , and upon a determination by |
11 | | the Department that the applicant
meets all of the |
12 | | qualifications specified in this Act, issue a
charitable games |
13 | | license for the conducting of charitable games to any
of the |
14 | | following:
|
15 | | (i) Any local fraternal mutual benefit organization |
16 | | chartered at least
40 years before it applies for a license |
|
| | 09800HB0996sam001 | - 2 - | LRB098 02797 AMC 45716 a |
|
|
1 | | under this Act.
|
2 | | (ii) Any qualified organization organized in Illinois |
3 | | which operates
without profit to its members, which has |
4 | | been in existence in Illinois
continuously for a period of |
5 | | 5 years immediately before making application for
a license |
6 | | and which has had during that 5 year period a bona fide |
7 | | membership
engaged in carrying out its objects. However, |
8 | | the 5 year requirement shall be
reduced to 2 years, as |
9 | | applied to a local organization which is affiliated with
|
10 | | and chartered by a national organization which meets the 5 |
11 | | year requirement.
The period of existence specified above |
12 | | shall not apply to a qualified
organization, organized for |
13 | | charitable purpose, created by a fraternal
organization |
14 | | that meets the existence requirements if the charitable
|
15 | | organization has the same officers and directors as the |
16 | | fraternal organization.
Only one charitable organization |
17 | | created by a branch lodge or chapter of a
fraternal |
18 | | organization may be licensed under this provision.
|
19 | | The application shall be signed by a person listed on the |
20 | | application as an owner, officer, or other person in charge of |
21 | | the necessary day-to-day operations of the applicant |
22 | | organization, who shall attest under penalties of perjury that |
23 | | the information contained in the application is true, correct, |
24 | | and complete.
|
25 | | Each license shall be in effect for 2 years one year from |
26 | | its date of
issuance unless extended, suspended, or revoked by |
|
| | 09800HB0996sam001 | - 3 - | LRB098 02797 AMC 45716 a |
|
|
1 | | Department action before that date.
Any extension shall not |
2 | | exceed one year. The Department may by rule authorize the |
3 | | filing by electronic means of any application, license, permit, |
4 | | return, or registration required under this Act. A licensee may |
5 | | hold only one license. Each license must be applied for at
|
6 | | least 30 days prior to the night or nights the licensee wishes |
7 | | to conduct
such games. The Department may issue a license to a |
8 | | licensee that applies less than 30 days prior to the night or |
9 | | nights the licensee wishes to conduct the games if all other |
10 | | requirements of this Act are met and the Department has |
11 | | sufficient time and resources to issue the license in a timely |
12 | | manner. The Department may provide by rule for an extension of |
13 | | any charitable games license issued under this Act. If a |
14 | | licensee wishes to conduct games at a location other than
the |
15 | | locations originally specified in the license, the licensee |
16 | | shall
notify the Department of the proposed alternate location |
17 | | at least 30 days
before the night on which the licensee wishes |
18 | | to conduct games at the
alternate location. The Department may |
19 | | accept an applicant's change in location with less than 30 |
20 | | days' notice if all other requirements of this Act are met and |
21 | | the Department has sufficient time and resources to process the |
22 | | change in a timely manner.
|
23 | | All taxes and fees imposed by this Act, unless otherwise |
24 | | specified, shall be paid into the Illinois Gaming Law |
25 | | Enforcement Fund of the State Treasury.
|
26 | | (Source: P.A. 95-228, eff. 8-16-07.)
|
|
| | 09800HB0996sam001 | - 4 - | LRB098 02797 AMC 45716 a |
|
|
1 | | (230 ILCS 30/4) (from Ch. 120, par. 1124)
|
2 | | Sec. 4. Licensing Restrictions. Licensing for the |
3 | | conducting of
charitable games is subject to the following |
4 | | restrictions:
|
5 | | (1) The license application, when submitted to the |
6 | | Department of Revenue,
must contain a sworn statement |
7 | | attesting to the not-for-profit character
of the |
8 | | prospective licensee organization, signed by a person |
9 | | listed on the application as an owner, officer, or other |
10 | | person in charge of the necessary day-to-day operations. |
11 | | The application shall contain the
name of the person in |
12 | | charge of and primarily responsible for the
conduct of the |
13 | | charitable games. The person so designated shall be
present |
14 | | on the premises continuously during charitable games.
|
15 | | (2) The license application shall be prepared by the |
16 | | prospective
licensee organization or its duly authorized |
17 | | representative in accordance
with the
rules of the |
18 | | Department of Revenue.
|
19 | | (2.1) The organization shall maintain among its books |
20 | | and records a list of the names,
addresses, social security |
21 | | numbers, and dates of birth of all persons who will
|
22 | | participate in the management or operation of the games, |
23 | | along with a sworn
statement made under penalties of |
24 | | perjury, signed by a person listed on the application as an |
25 | | owner, officer, or other person in charge of the necessary |
|
| | 09800HB0996sam001 | - 5 - | LRB098 02797 AMC 45716 a |
|
|
1 | | day-to-day operations, that the persons listed as |
2 | | participating in the
management or operation of the games |
3 | | are bona fide members, volunteers as
defined in Section 2, |
4 | | or employees of the applicant, that these persons have
not
|
5 | | participated in the management or operation of more than 12 |
6 | | 4 charitable games
events conducted by any licensee in the |
7 | | calendar year, and that these persons
will receive no |
8 | | remuneration or compensation, directly or indirectly from |
9 | | any
source, for participating in the management or |
10 | | operation of the games. Any
amendments to this listing must |
11 | | contain an identical sworn statement.
|
12 | | (2.2) (Blank).
|
13 | | (3) Each license shall state the date, hours and
at |
14 | | what
locations the licensee is permitted to conduct |
15 | | charitable games.
|
16 | | (4) Each licensee shall file a copy of the license with |
17 | | each
police
department or, if in unincorporated areas, each |
18 | | sheriff's office whose
jurisdiction includes the premises |
19 | | on which the charitable games are
authorized under the |
20 | | license.
|
21 | | (5) The licensee shall prominently display the license |
22 | | in the
area where the licensee is to conduct charitable |
23 | | games. The licensee shall likewise display, in the form and |
24 | | manner prescribed by the Department, the provisions of |
25 | | Section 9 of this Act.
|
26 | | (6) (Blank).
|
|
| | 09800HB0996sam001 | - 6 - | LRB098 02797 AMC 45716 a |
|
|
1 | | (7) (Blank). Each licensee shall obtain and maintain a |
2 | | bond for the
benefit of
participants in games conducted by |
3 | | the licensee to insure payment to the
winners of such |
4 | | games. Such bond discretionary by the Department and shall |
5 | | be in an amount established by rule
by the Department of |
6 | | Revenue. In a county with fewer than 60,000
inhabitants, |
7 | | the Department may waive the bond
requirement upon a |
8 | | showing by a licensee that it has sufficient funds on
|
9 | | deposit to insure payment to the winners of such games.
|
10 | | (8) A license is not assignable or transferable.
|
11 | | (9) Unless the premises for conducting charitable |
12 | | games are provided by
a
municipality, the Department shall |
13 | | not issue a license
permitting a
person, firm
or |
14 | | corporation to sponsor a charitable games night if the |
15 | | premises for the
conduct of the charitable games has been |
16 | | previously used for 12 8
charitable
games nights during the |
17 | | previous 12 months.
|
18 | | (10) Auxiliary organizations of a licensee shall not be
|
19 | | eligible for a
license to conduct charitable games, except |
20 | | for auxiliary organizations
of veterans organizations as |
21 | | authorized in Section 2.
|
22 | | (11) Charitable games must be conducted in accordance |
23 | | with
local
building and fire code requirements.
|
24 | | (12) The licensee shall consent to allowing the |
25 | | Department's
employees
to be present on the premises |
26 | | wherein the charitable games are conducted
and to inspect |
|
| | 09800HB0996sam001 | - 7 - | LRB098 02797 AMC 45716 a |
|
|
1 | | or test equipment, devices and supplies used in the conduct
|
2 | | of the game.
|
3 | | Nothing in this Section shall be construed to prohibit a |
4 | | licensee that
conducts charitable games on its own premises |
5 | | from also obtaining a
providers' license in accordance with |
6 | | Section 5.1.
The maximum number of charitable games events that |
7 | | may be held in any one
premises is limited to one 8 charitable |
8 | | games event events per month calendar year .
|
9 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
|
10 | | (230 ILCS 30/5) (from Ch. 120, par. 1125)
|
11 | | Sec. 5. Providers' License. The Department shall issue a |
12 | | providers'
license permitting a person, firm or corporation to |
13 | | provide
premises for the conduct of charitable games. No |
14 | | person, firm or
corporation may rent or otherwise provide |
15 | | premises without having first
obtained a license. Applications |
16 | | for providers' licenses shall be made in writing in accordance |
17 | | with Department rules. The Department shall license providers |
18 | | of charitable games at a nonrefundable annual fee of $50, or |
19 | | nonrefundable triennial license fee of $150. Each providers' |
20 | | license is valid for one year
from the date of issuance, or 3 |
21 | | years from date of issuance for a triennial license, unless |
22 | | extended, suspended,
or revoked by Department action
before
|
23 | | that date. Any extension of a providers' license shall not |
24 | | exceed one year. A provider may receive reasonable compensation |
25 | | for the provision
of the premises. Reasonable expenses shall |
|
| | 09800HB0996sam001 | - 8 - | LRB098 02797 AMC 45716 a |
|
|
1 | | include only those expenses defined as reasonable by rules |
2 | | adopted by the Department. A provider, other than a
|
3 | | municipality, may not provide
the same premises for conducting |
4 | | more than 12 8 charitable games nights
per year.
A provider |
5 | | shall not have any interest in any suppliers' business, either
|
6 | | direct or indirect.
A municipality may provide the same |
7 | | premises for conducting 48 16 charitable
games nights during a |
8 | | 12-month period. No employee, officer, or owner of a
provider |
9 | | may participate in the management or operation of a charitable |
10 | | games
event, even if the employee, officer, or owner is also a |
11 | | member, volunteer, or
employee of the charitable games |
12 | | licensee. A provider may not promote or
solicit a charitable |
13 | | games event on behalf of a charitable games licensee or
|
14 | | qualified organization.
Any qualified organization licensed to |
15 | | conduct a
charitable game need not obtain a providers' license |
16 | | if such games are to
be conducted on the organization's |
17 | | premises.
|
18 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
|
19 | | (230 ILCS 30/8) (from Ch. 120, par. 1128)
|
20 | | Sec. 8. The conducting of charitable games is subject to |
21 | | the following
restrictions:
|
22 | | (1) The entire net proceeds from charitable games must |
23 | | be exclusively
devoted to the lawful purposes of the |
24 | | organization permitted to conduct
that game.
|
25 | | (2) No person except a bona fide member or employee of |
|
| | 09800HB0996sam001 | - 9 - | LRB098 02797 AMC 45716 a |
|
|
1 | | the
sponsoring organization, or a volunteer recruited by |
2 | | the sponsoring
organization, may participate in the |
3 | | management or operation of the
game.
A person participates |
4 | | in the management or operation of a charitable game
when he |
5 | | or she sells admission tickets at the event; sells, |
6 | | redeems, or in any
way assists in the selling or redeeming |
7 | | of chips, scrip, or play money;
participates in the
|
8 | | conducting of any of the games played during the event, or |
9 | | supervises, directs
or instructs anyone conducting a game; |
10 | | or at any time during the hours of the
charitable games |
11 | | event counts, handles, or supervises anyone counting or
|
12 | | handling any of the proceeds or chips, scrip, or play money |
13 | | at the event. A
person who is present to
ensure that the |
14 | | games are being conducted in conformance with the rules
|
15 | | established by the licensed organization or is present to |
16 | | insure that the
equipment is working
properly is considered |
17 | | to be participating in the management or operation of a
|
18 | | game. Setting up, cleaning up, selling food and drink, or |
19 | | providing security
for persons or property at the event |
20 | | does not constitute participation in the
management or |
21 | | operation of the game.
|
22 | | Only bona fide members, volunteers as defined in |
23 | | Section 2 of this Act, and
employees of the sponsoring |
24 | | organization may participate in the management or
|
25 | | operation of the games. Participation in the management or
|
26 | | operation
of the games is limited to no more than 12 4 |
|
| | 09800HB0996sam001 | - 10 - | LRB098 02797 AMC 45716 a |
|
|
1 | | charitable games events, either of the sponsoring |
2 | | organization or any other licensed organization, during a |
3 | | calendar year.
|
4 | | (3) No person may receive any remuneration or |
5 | | compensation either
directly or
indirectly from any source |
6 | | for
participating in the management or operation of the |
7 | | game.
|
8 | | (4) No single bet at any house-banked game may exceed |
9 | | $20 $10 .
|
10 | | (5) A bank shall be established on the premises to |
11 | | convert currency into
chips, scrip, or other form of play |
12 | | money which shall then be used to play
at
games of chance |
13 | | which the participant chooses. Chips, scrip, or play money
|
14 | | must be permanently monogrammed with the supplier license |
15 | | number or logo or charitable games license number of a the |
16 | | licensed organization or of the
supplier. Each participant |
17 | | must be issued a receipt indicating the amount
of chips, |
18 | | scrip, or play money purchased.
|
19 | | (6) At the conclusion of the event or when the |
20 | | participant leaves, he or she
may cash in his or her chips, |
21 | | scrip, or play money in exchange for currency not to
exceed |
22 | | $500 in cash winnings $250 or unlimited noncash prizes. |
23 | | Each participant shall sign for any receipt
of prizes. The |
24 | | licensee shall provide the Department of Revenue with a
|
25 | | listing of all prizes awarded, including the retail value |
26 | | of all prizes awarded.
|
|
| | 09800HB0996sam001 | - 11 - | LRB098 02797 AMC 45716 a |
|
|
1 | | (7) Each licensee shall be permitted to conduct |
2 | | charitable games on
not more than 4 days each year. Nothing |
3 | | in this Section shall be construed to prohibit a licensee |
4 | | that conducts charitable games on its own premises from |
5 | | also obtaining a providers' license in accordance with |
6 | | Section 7 of this Act.
|
7 | | (8) Unless the provider of the premises is a |
8 | | municipality, the
provider of the premises may not rent or |
9 | | otherwise provide the
premises for the conducting of more |
10 | | than one 8 charitable games night nights per month year .
|
11 | | (9) A charitable games event is considered to be a |
12 | | one-day event and charitable games may not be played |
13 | | between the hours of 2:00 a.m.
and noon.
|
14 | | (10) No person under the age of 18 years may play or |
15 | | participate in the
conducting of charitable games. Any |
16 | | person under the age of 18 years
may be within the area |
17 | | where charitable games are being played only
when |
18 | | accompanied by his parent or guardian.
|
19 | | (11) No one other than the sponsoring organization
of |
20 | | charitable games must have a proprietary
interest in the |
21 | | game promoted.
|
22 | | (12) Raffles or other forms of gambling prohibited by |
23 | | law shall not be
conducted on the premises where charitable |
24 | | games are being conducted.
|
25 | | (13) Such games are not expressly prohibited by county
|
26 | | ordinance for
charitable games conducted in the |
|
| | 09800HB0996sam001 | - 12 - | LRB098 02797 AMC 45716 a |
|
|
1 | | unincorporated areas of the county or
municipal ordinance |
2 | | for charitable games conducted in the municipality and
the |
3 | | ordinance is filed with the Department of Revenue. The |
4 | | Department
shall provide each county or municipality with a |
5 | | list of organizations
licensed or subsequently authorized |
6 | | by the Department to conduct
charitable games in their |
7 | | jurisdiction.
|
8 | | (14) The sale of tangible personal property at |
9 | | charitable games is
subject to all State and local taxes |
10 | | and obligations.
|
11 | | (15) Each licensee may offer or conduct only the games
|
12 | | listed
below,
which must be conducted in accordance with
|
13 | | rules posted by the organization. The organization |
14 | | sponsoring charitable
games shall promulgate rules, and |
15 | | make printed copies available to
participants, for the |
16 | | following games: (a) roulette; (b) blackjack; (c)
poker; |
17 | | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; |
18 | | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) |
19 | | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) |
20 | | merchandise wheel. A licensee need not offer or
conduct |
21 | | every game permitted by law.
The conducting of games not |
22 | | listed above is prohibited by this Act.
|
23 | | (16) No slot machines or coin-in-the-slot-operated |
24 | | devices
that allow a participant to play games of chance |
25 | | shall be permitted to be used at the location and during |
26 | | the time at which the charitable games are being conducted. |
|
| | 09800HB0996sam001 | - 13 - | LRB098 02797 AMC 45716 a |
|
|
1 | | However, establishments that have video gaming terminals |
2 | | licensed under the Video Gaming Act may operate them along |
3 | | with charitable games under rules adopted by the |
4 | | Department.
|
5 | | (17) No cards, dice, wheels, or other equipment may be |
6 | | modified or
altered
so as to give the licensee a greater |
7 | | advantage in winning, other than as
provided under the |
8 | | normal rules of play of a particular game.
|
9 | | (18) No credit shall be extended to any of the |
10 | | participants.
|
11 | | (19) (Blank).
|
12 | | (20) A supplier may have only one representative |
13 | | present at the charitable
games event, for the exclusive |
14 | | purpose of ensuring that its equipment is not
damaged.
|
15 | | (21) No employee, owner, or officer of a consultant |
16 | | service hired by a
licensed organization to perform |
17 | | services at the event including, but not
limited to, |
18 | | security for
persons or property at the event or services |
19 | | before the event including, but
not limited to, training |
20 | | for volunteers
or advertising may participate in the |
21 | | management or operation of the games.
|
22 | | (22) (Blank).
|
23 | | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
|
24 | | (230 ILCS 30/9) (from Ch. 120, par. 1129)
|
25 | | Sec. 9. There shall be paid to the Department of Revenue, |
|
| | 09800HB0996sam001 | - 14 - | LRB098 02797 AMC 45716 a |
|
|
1 | | 5% 3% of the net
gross proceeds of charitable games conducted |
2 | | under the provisions
of this Act. Such payments shall be made |
3 | | within 30 days after the
completion of the games. Accompanying |
4 | | each payment shall be a return, on forms prescribed by
the |
5 | | Department of Revenue. Failure to submit either the payment or |
6 | | the return within the
specified time may result in suspension |
7 | | or revocation of the license. Tax returns filed pursuant to |
8 | | this Act shall not be confidential and shall be available for |
9 | | public inspection.
|
10 | |
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, |
11 | | 5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' |
12 | | Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and |
13 | | Interest Act,
which are not inconsistent with this Act shall |
14 | | apply, as far as
practicable, to the subject matter of this Act |
15 | | to the same extent as if
such provisions were included in this |
16 | | Act. For the purposes of this Act, references in such |
17 | | incorporated
Sections of the Retailers' Occupation Tax Act to |
18 | | retailers, sellers or
persons engaged in the business of |
19 | | selling tangible personal property means
persons engaged in |
20 | | conducting charitable games, and references in such
|
21 | | incorporated Sections of the Retailers' Occupation Tax Act to |
22 | | sales of
tangible personal property mean the conducting of |
23 | | charitable games and the
making of charges for playing such |
24 | | games.
|
25 | | All payments made to the Department of Revenue under this |
26 | | Section shall be deposited
into the Illinois Gaming Law |