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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 Video Gaming
Act is amended by changing |
5 | | Sections 5, 15, 25, 45, and 78 as follows:
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6 | | (230 ILCS 40/5)
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7 | | Sec. 5. Definitions. As used in this Act:
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8 | | "Board" means the Illinois Gaming Board.
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9 | | "Credit" means one, 5, 10, or 25 cents either won or |
10 | | purchased by a player.
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11 | | "Distributor" means an individual, partnership, |
12 | | corporation, or limited liability company licensed under
this |
13 | | Act to buy, sell, lease, or distribute video gaming terminals |
14 | | or major
components or parts of video gaming terminals to or |
15 | | from terminal
operators.
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16 | | "Electronic card" means a card purchased from a licensed |
17 | | establishment, licensed fraternal establishment, licensed |
18 | | veterans establishment, or licensed truck stop establishment |
19 | | for use in that establishment as a substitute for cash in the |
20 | | conduct of gaming on a video gaming terminal. |
21 | | "Terminal operator" means an individual, partnership, |
22 | | corporation, or limited liability company that is
licensed |
23 | | under this Act and that owns, services, and maintains video
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1 | | gaming terminals for placement in licensed establishments, |
2 | | licensed truck stop establishments, licensed fraternal
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3 | | establishments, or licensed veterans establishments.
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4 | | "Licensed technician" means an individual
who
is licensed |
5 | | under this Act to repair,
service, and maintain
video gaming |
6 | | terminals.
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7 | | "Licensed terminal handler" means a person, including but |
8 | | not limited to an employee or independent contractor working |
9 | | for a manufacturer, distributor, supplier, technician, or |
10 | | terminal operator, who is licensed under this Act to possess or |
11 | | control a video gaming terminal or to have access to the inner |
12 | | workings of a video gaming terminal. A licensed terminal |
13 | | handler does not include an individual, partnership, |
14 | | corporation, or limited liability company defined as a |
15 | | manufacturer, distributor, supplier, technician, or terminal |
16 | | operator under this Act. |
17 | | "Manufacturer" means an individual, partnership, |
18 | | corporation, or limited liability company that is
licensed |
19 | | under this Act and that manufactures or assembles video gaming
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20 | | terminals.
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21 | | "Supplier" means an individual, partnership, corporation, |
22 | | or limited liability company that is
licensed under this Act to |
23 | | supply major components or parts to video gaming
terminals to |
24 | | licensed
terminal operators.
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25 | | "Net terminal income" means money put into a video gaming |
26 | | terminal minus
credits paid out to players.
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1 | | "Video gaming terminal" means any electronic video game |
2 | | machine
that, upon insertion of cash , electronic cards or |
3 | | vouchers or any combination thereof , is available to play or |
4 | | simulate the play of
a video game, including but not limited to |
5 | | video poker, line up, and blackjack, as
authorized by the Board |
6 | | utilizing a video display and microprocessors in
which the |
7 | | player may receive free games or credits that can be
redeemed |
8 | | for cash. The term does not include a machine that directly
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9 | | dispenses coins, cash, or tokens or is for amusement purposes |
10 | | only.
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11 | | "Licensed establishment" means any licensed retail |
12 | | establishment where
alcoholic liquor is drawn, poured, mixed, |
13 | | or otherwise served for consumption
on the premises and |
14 | | includes any such establishment that has a contractual |
15 | | relationship with an inter-track wagering location licensee |
16 | | licensed under the Illinois Horse Racing Act of 1975, provided |
17 | | any contractual relationship shall not include any transfer or |
18 | | offer of revenue from the operation of video gaming under this |
19 | | Act to any licensee licensed under the Illinois Horse Racing |
20 | | Act of 1975. Provided, however, that the licensed establishment |
21 | | that has such a contractual relationship with an inter-track |
22 | | wagering location licensee may not, itself, be (i) an |
23 | | inter-track wagering location licensee, (ii) the corporate |
24 | | parent or subsidiary of any licensee licensed under the |
25 | | Illinois Horse Racing Act of 1975, or (iii) the corporate |
26 | | subsidiary of a corporation that is also the corporate parent |
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1 | | or subsidiary of any licensee licensed under the Illinois Horse |
2 | | Racing Act of 1975. "Licensed establishment" does not include a |
3 | | facility operated by an organization licensee, an inter-track |
4 | | wagering licensee, or an inter-track wagering location |
5 | | licensee licensed under the Illinois Horse Racing Act of 1975 |
6 | | or a riverboat licensed under the Riverboat Gambling Act, |
7 | | except as provided in this paragraph.
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8 | | "Licensed fraternal establishment" means the location |
9 | | where a qualified
fraternal organization that derives its |
10 | | charter from a national fraternal
organization regularly |
11 | | meets.
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12 | | "Licensed veterans establishment" means the location where |
13 | | a qualified
veterans organization that derives its charter from |
14 | | a national veterans
organization regularly meets.
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15 | | "Licensed truck stop establishment" means a facility (i) |
16 | | that is at least a
3-acre facility with a convenience store, |
17 | | (ii) with separate diesel
islands for fueling commercial motor |
18 | | vehicles, (iii) that sells at retail more than 10,000 gallons |
19 | | of diesel or biodiesel fuel per month, and (iv) with parking |
20 | | spaces for commercial
motor vehicles. "Commercial motor |
21 | | vehicles" has the same meaning as defined in Section 18b-101 of |
22 | | the Illinois Vehicle Code. The requirement of item (iii) of |
23 | | this paragraph may be met by showing that estimated future |
24 | | sales or past sales average at least 10,000 gallons per month.
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25 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; |
26 | | 96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff. |
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1 | | 8-12-11.)
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2 | | (230 ILCS 40/15)
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3 | | Sec. 15. Minimum requirements for
licensing and |
4 | | registration. Every video gaming terminal offered for
play |
5 | | shall first be
tested and approved pursuant to the rules of the |
6 | | Board, and
each video gaming terminal offered in this State for |
7 | | play shall conform to an
approved
model. The Board may utilize |
8 | | the services of an independent outside testing laboratory for |
9 | | the
examination of video gaming machines and associated |
10 | | equipment as required
by this Section. Every video gaming |
11 | | terminal offered in this State for play must meet minimum |
12 | | standards set by an independent outside testing laboratory |
13 | | approved by the Board. Each approved model shall, at a minimum, |
14 | | meet the following
criteria:
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15 | | (1) It must conform to all requirements of federal law |
16 | | and
regulations, including FCC Class A
Emissions |
17 | | Standards.
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18 | | (2) It must theoretically pay out a mathematically |
19 | | demonstrable percentage
during the expected lifetime of |
20 | | the machine
of all amounts played, which must not be less |
21 | | than 80%. The Board shall establish a maximum payout |
22 | | percentage for approved models by rule. Video gaming
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23 | | terminals that may be affected by skill must meet this |
24 | | standard when using a
method of play that will provide the |
25 | | greatest return to the player over a
period of continuous |
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1 | | play.
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2 | | (3) It must use a random selection process to determine |
3 | | the outcome of
each play of a game. The random selection |
4 | | process must meet 99% confidence
limits using a standard |
5 | | chi-squared test for (randomness) goodness of fit.
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6 | | (4) It must display an accurate representation of the |
7 | | game outcome.
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8 | | (5) It must not automatically alter pay tables or any |
9 | | function of the
video gaming terminal based on internal |
10 | | computation of hold percentage or have
any means of |
11 | | manipulation that affects the random selection process or
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12 | | probabilities of winning a game.
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13 | | (6) It must not be adversely affected by static |
14 | | discharge or other
electromagnetic interference.
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15 | | (7) It must be capable of detecting and displaying the |
16 | | following
conditions
during idle states or on demand: power |
17 | | reset; door open; and door just closed.
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18 | | (8) It must have the capacity to display complete play |
19 | | history
(outcome, intermediate play steps, credits |
20 | | available, bets placed, credits
paid, and credits cashed |
21 | | out) for the most recent game played and 10 games
prior
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22 | | thereto.
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23 | | (9) The theoretical payback percentage of a video |
24 | | gaming terminal must
not be
capable of being changed |
25 | | without making a hardware or software change in
the video |
26 | | gaming terminal, either on site or via the central |
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1 | | communications system.
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2 | | (10) Video gaming terminals must be designed so that |
3 | | replacement of
parts or modules required for normal |
4 | | maintenance does not necessitate
replacement of the |
5 | | electromechanical meters.
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6 | | (11) It must have nonresettable meters housed in a |
7 | | locked area of the
terminal that
keep a permanent record of |
8 | | all cash inserted into the machine, all winnings
made by |
9 | | the terminal printer, credits played in for video gaming |
10 | | terminals, and
credits won by video gaming players. The |
11 | | video gaming terminal must provide
the means for on-demand |
12 | | display of stored information as determined by the
Board.
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13 | | (12) Electronically stored meter information required |
14 | | by this Section
must be preserved for a minimum of 180 days |
15 | | after a power loss to the service.
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16 | | (13) It must have one or more mechanisms that accept |
17 | | cash in the
form of
bills. The mechanisms shall be designed |
18 | | to prevent obtaining credits without
paying by stringing, |
19 | | slamming, drilling, or other means. If such attempts at |
20 | | physical tampering are made, the video gaming terminal |
21 | | shall suspend itself from operating until reset.
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22 | | (14) It shall have accounting software that keeps an |
23 | | electronic record
which includes, but is not limited to, |
24 | | the following: total cash inserted
into the video gaming |
25 | | terminal; the value of winning tickets claimed by
players; |
26 | | the
total credits played; the total
credits awarded
by a |
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1 | | video gaming terminal; and pay back percentage credited to |
2 | | players of each video game.
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3 | | (15) It shall be linked by a central communications |
4 | | system
to provide
auditing program information as approved |
5 | | by the Board. The central communications system shall use a |
6 | | standard industry protocol, as defined by the Gaming |
7 | | Standards Association, and shall have the functionality to |
8 | | enable the Board or its designee to activate or deactivate |
9 | | individual gaming devices from the central communications |
10 | | system. In no event may the
communications system approved |
11 | | by the Board limit participation to only one
manufacturer |
12 | | of video gaming terminals by either the cost in |
13 | | implementing
the necessary program modifications to |
14 | | communicate or the inability to
communicate with the |
15 | | central communications system.
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16 | | (16) The Board, in its discretion, may require video |
17 | | gaming terminals to display Amber Alert messages if the |
18 | | Board makes a finding that it would be economically and |
19 | | technically feasible and pose no risk to the integrity and |
20 | | security of the central communications system and video |
21 | | gaming terminals.
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22 | | The Board may adopt rules to establish additional criteria |
23 | | to preserve the integrity and security of video gaming in this |
24 | | State. The central communications system vendor may be licensed |
25 | | as a video gaming terminal manufacturer or a video gaming |
26 | | terminal distributor, or both, but in no event shall the |
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1 | | central communications system vendor be licensed as a video |
2 | | gaming terminal operator. The central communications system |
3 | | vendor may not hold any license issued by the Board under this |
4 | | Act. |
5 | | The Board shall not permit the development of information |
6 | | or the use by any licensee of gaming device or individual game |
7 | | performance data. Nothing in this Act shall inhibit or prohibit |
8 | | the Board from the use of gaming device or individual game |
9 | | performance data in its regulatory duties. The Board shall |
10 | | adopt rules to ensure that all licensees are treated and all |
11 | | licensees act in a non-discriminatory manner and develop |
12 | | processes and penalties to enforce those rules. |
13 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; |
14 | | 96-1410, eff. 7-30-10.)
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15 | | (230 ILCS 40/25)
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16 | | Sec. 25. Restriction of licensees.
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17 | | (a) Manufacturer. A person may not be licensed as a |
18 | | manufacturer of a
video gaming terminal in Illinois unless the |
19 | | person has a valid
manufacturer's license issued
under this |
20 | | Act. A manufacturer may only sell video gaming terminals for |
21 | | use
in Illinois to
persons having a valid distributor's |
22 | | license.
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23 | | (b) Distributor. A person may not sell, distribute, or |
24 | | lease
or market a video gaming terminal in Illinois unless the |
25 | | person has a valid
distributor's
license issued under this Act. |
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1 | | A distributor may only sell video gaming
terminals for use in
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2 | | Illinois to persons having a valid distributor's or terminal |
3 | | operator's
license.
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4 | | (c) Terminal operator. A person may not own, maintain, or |
5 | | place a video gaming terminal unless he has a valid terminal |
6 | | operator's
license issued
under this Act. A terminal operator |
7 | | may only place video gaming terminals for
use in
Illinois in |
8 | | licensed establishments, licensed truck stop establishments, |
9 | | licensed fraternal establishments,
and
licensed veterans |
10 | | establishments.
No terminal operator may give anything of |
11 | | value, including but not limited to
a loan or financing |
12 | | arrangement, to a licensed establishment, licensed truck stop |
13 | | establishment,
licensed fraternal establishment, or licensed |
14 | | veterans establishment as
any incentive or inducement to locate |
15 | | video terminals in that establishment.
Of the after-tax profits
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16 | | from a video gaming terminal, 50% shall be paid to the terminal
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17 | | operator and 50% shall be paid to the licensed establishment, |
18 | | licensed truck stop establishment,
licensed fraternal |
19 | | establishment, or
licensed veterans establishment, |
20 | | notwithstanding any agreement to the contrary.
A video terminal |
21 | | operator that violates one or more requirements of this |
22 | | subsection is guilty of a Class 4 felony and is subject to |
23 | | termination of his or her license by the Board.
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24 | | (d) Licensed technician. A person may not service, |
25 | | maintain, or repair a
video gaming terminal
in this State |
26 | | unless he or she (1) has a valid technician's license issued
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1 | | under this Act, (2) is a terminal operator, or (3) is employed |
2 | | by a terminal
operator, distributor, or manufacturer.
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3 | | (d-5) Licensed terminal handler. No person, including, but |
4 | | not limited to, an employee or independent contractor working |
5 | | for a manufacturer, distributor, supplier, technician, or |
6 | | terminal operator licensed pursuant to this Act, shall have |
7 | | possession or control of a video gaming terminal, or access to |
8 | | the inner workings of a video gaming terminal, unless that |
9 | | person possesses a valid terminal handler's license issued |
10 | | under this Act. |
11 | | (e) Licensed establishment. No video gaming terminal may be |
12 | | placed in any licensed establishment, licensed veterans |
13 | | establishment, licensed truck stop establishment,
or licensed |
14 | | fraternal establishment
unless the owner
or agent of the owner |
15 | | of the licensed establishment, licensed veterans |
16 | | establishment, licensed truck stop establishment, or licensed
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17 | | fraternal establishment has entered into a
written use |
18 | | agreement with the terminal operator for placement of the
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19 | | terminals. A copy of the use agreement shall be on file in the |
20 | | terminal
operator's place of business and available for |
21 | | inspection by individuals
authorized by the Board. A licensed |
22 | | establishment, licensed truck stop establishment, licensed |
23 | | veterans establishment,
or
licensed
fraternal
establishment |
24 | | may operate up to 5 video gaming terminals on its premises at |
25 | | any
time.
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26 | | (f) (Blank).
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1 | | (g) Financial interest restrictions.
As used in this Act, |
2 | | "substantial interest" in a partnership, a corporation, an
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3 | | organization, an association, a business, or a limited |
4 | | liability company means:
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5 | | (A) When, with respect to a sole proprietorship, an |
6 | | individual or
his or her spouse owns, operates, manages, or |
7 | | conducts, directly
or indirectly, the organization, |
8 | | association, or business, or any part thereof;
or
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9 | | (B) When, with respect to a partnership, the individual |
10 | | or his or
her spouse shares in any of the profits, or |
11 | | potential profits,
of the partnership activities; or
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12 | | (C) When, with respect to a corporation, an individual |
13 | | or his or her
spouse is an officer or director, or the |
14 | | individual or his or her spouse is a holder, directly or |
15 | | beneficially, of 5% or more of any class
of stock of the |
16 | | corporation; or
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17 | | (D) When, with respect to an organization not covered |
18 | | in (A), (B) or
(C) above, an individual or his or her |
19 | | spouse is an officer or manages the
business affairs, or |
20 | | the individual or his or her spouse is the
owner of or |
21 | | otherwise controls 10% or more of the assets of the |
22 | | organization;
or
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23 | | (E) When an individual or his or her spouse furnishes
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24 | | 5% or more of the capital, whether in cash, goods, or |
25 | | services, for the
operation of any business, association, |
26 | | or organization during any calendar
year; or |
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1 | | (F) When, with respect to a limited liability company, |
2 | | an individual or his or her
spouse is a member, or the |
3 | | individual or his or her spouse is a holder, directly or |
4 | | beneficially, of 5% or more of the membership interest of |
5 | | the limited liability company.
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6 | | For purposes of this subsection (g), "individual" includes |
7 | | all individuals or their spouses whose combined interest would |
8 | | qualify as a substantial interest under this subsection (g) and |
9 | | whose activities with respect to an organization, association, |
10 | | or business are so closely aligned or coordinated as to |
11 | | constitute the activities of a single entity. |
12 | | (h) Location restriction. A licensed establishment, |
13 | | licensed truck stop establishment, licensed
fraternal
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14 | | establishment, or licensed veterans establishment that is (i) |
15 | | located within 1,000
feet of a facility operated by an |
16 | | organization licensee or an inter-track wagering licensee |
17 | | licensed under the Illinois Horse Racing Act of 1975 or the |
18 | | home dock of a riverboat licensed under the Riverboat
Gambling |
19 | | Act or (ii) located within 100 feet of a school or a place of |
20 | | worship under the Religious Corporation Act, is ineligible to |
21 | | operate a video gaming terminal. The location restrictions in |
22 | | this subsection (h) do not apply if a facility operated by an |
23 | | organization licensee, an inter-track wagering licensee, or an |
24 | | inter-track wagering location licensee, a school, or a place of |
25 | | worship moves to or is established within the restricted area |
26 | | after a licensed establishment, licensed truck stop |
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1 | | establishment, licensed fraternal establishment, or licensed |
2 | | veterans establishment becomes licensed under this Act. For the |
3 | | purpose of this subsection, "school" means an elementary or |
4 | | secondary public school, or an elementary or secondary private |
5 | | school registered with or recognized by the State Board of |
6 | | Education. |
7 | | Notwithstanding the provisions of this subsection (h), the |
8 | | Board may waive the requirement that a licensed establishment, |
9 | | licensed truck stop establishment, licensed fraternal |
10 | | establishment, or licensed veterans establishment not be |
11 | | located within 1,000 feet from a facility operated by an |
12 | | organization licensee , an inter-track wagering licensee, or an |
13 | | inter-track wagering location licensee licensed under the |
14 | | Illinois Horse Racing Act of 1975 or the home dock of a |
15 | | riverboat licensed under the Riverboat Gambling Act. The Board |
16 | | shall not grant such waiver if there is any common ownership or |
17 | | control, shared business activity, or contractual arrangement |
18 | | of any type between the establishment and the organization |
19 | | licensee , inter-track wagering licensee, inter-track wagering |
20 | | location licensee, or owners licensee of a riverboat. The Board |
21 | | shall adopt rules to implement the provisions of this |
22 | | paragraph. |
23 | | (i) Undue economic concentration. In addition to |
24 | | considering all other requirements under this Act, in deciding |
25 | | whether to approve the operation of video gaming terminals by a |
26 | | terminal operator in a location, the Board shall consider the |
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1 | | impact of any economic concentration of such operation of video |
2 | | gaming terminals. The Board shall not allow a terminal operator |
3 | | to operate video gaming terminals if the Board determines such |
4 | | operation will result in undue economic concentration. For |
5 | | purposes of this Section, "undue economic concentration" means |
6 | | that a terminal operator would have such actual or potential |
7 | | influence over video gaming terminals in Illinois as to: |
8 | | (1) substantially impede or suppress competition among |
9 | | terminal operators; |
10 | | (2) adversely impact the economic stability of the |
11 | | video gaming industry in Illinois; or |
12 | | (3) negatively impact the purposes of the Video Gaming |
13 | | Act. |
14 | | The Board shall adopt rules concerning undue economic |
15 | | concentration with respect to the operation of video gaming |
16 | | terminals in Illinois. The rules shall include, but not be |
17 | | limited to, (i) limitations on the number of video gaming |
18 | | terminals operated by any terminal operator within a defined |
19 | | geographic radius and (ii) guidelines on the discontinuation of |
20 | | operation of any such video gaming terminals the Board |
21 | | determines will cause undue economic concentration.
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22 | | (j) The provisions of the Illinois Antitrust Act are fully |
23 | | and equally applicable to the activities of any licensee under |
24 | | this Act.
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25 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, |
26 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; |
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1 | | 96-1479, eff. 8-23-10; 97-333, eff. 8-12-11.)
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2 | | (230 ILCS 40/45)
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3 | | Sec. 45. Issuance of license.
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4 | | (a) The burden is upon each applicant to
demonstrate his |
5 | | suitability for licensure. Each video gaming terminal
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6 | | manufacturer, distributor, supplier, operator, handler, |
7 | | licensed establishment, licensed truck stop establishment, |
8 | | licensed
fraternal
establishment, and licensed veterans |
9 | | establishment shall be
licensed by the Board.
The Board may |
10 | | issue or deny a license under this Act to any person pursuant |
11 | | to the same criteria set forth in Section 9 of the Riverboat |
12 | | Gambling Act.
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13 | | (a-5) The Board shall not grant a license to a person who |
14 | | has facilitated, enabled, or participated in the use of |
15 | | coin-operated devices for gambling purposes or who is under the |
16 | | significant influence or control of such a person. For the |
17 | | purposes of this Act, "facilitated, enabled, or participated in |
18 | | the use of coin-operated amusement devices for gambling |
19 | | purposes" means that the person has been convicted of any |
20 | | violation of Article 28 of the Criminal Code of 1961 or the |
21 | | Criminal Code of 2012. If there is pending legal action against |
22 | | a person for any such violation, then the Board shall delay the |
23 | | licensure of that person until the legal action is resolved. |
24 | | (b) Each person seeking and possessing a license as a video |
25 | | gaming terminal manufacturer, distributor, supplier, operator, |
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1 | | handler, licensed establishment, licensed truck stop |
2 | | establishment, licensed fraternal establishment, or licensed |
3 | | veterans establishment shall submit to a background |
4 | | investigation conducted by the Board with the assistance of the |
5 | | State Police or other law enforcement. The background |
6 | | investigation shall include each beneficiary of a trust, each |
7 | | partner of a partnership, and each director and officer and all |
8 | | stockholders of 5% or more in a parent or subsidiary |
9 | | corporation of a video gaming terminal manufacturer, |
10 | | distributor, supplier, operator, or licensed establishment, |
11 | | licensed truck stop establishment, licensed fraternal |
12 | | establishment, or licensed veterans establishment. |
13 | | (c) Each person seeking and possessing a license as a video |
14 | | gaming terminal manufacturer, distributor, supplier, operator, |
15 | | handler, licensed establishment, licensed truck stop |
16 | | establishment, licensed fraternal establishment, or licensed |
17 | | veterans establishment shall disclose the identity of every |
18 | | person, association, trust, corporation, or limited liability |
19 | | company having a greater than 1% direct or indirect pecuniary |
20 | | interest in the video gaming terminal operation for which the |
21 | | license is sought. If the disclosed entity is a trust, the |
22 | | application shall disclose the names and addresses of the |
23 | | beneficiaries; if a corporation, the names and addresses of all |
24 | | stockholders and directors; if a limited liability company, the |
25 | | names and addresses of all members; or if a partnership, the |
26 | | names and addresses of all partners, both general and limited. |
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1 | | (d) No person may be licensed as a video gaming terminal |
2 | | manufacturer, distributor, supplier, operator, handler, |
3 | | licensed establishment, licensed truck stop establishment, |
4 | | licensed fraternal establishment, or licensed veterans |
5 | | establishment if that person has been found by the Board to: |
6 | | (1) have a background, including a criminal record, |
7 | | reputation, habits, social or business associations, or |
8 | | prior activities that pose a threat to the public interests |
9 | | of the State or to the security and integrity of video |
10 | | gaming; |
11 | | (2) create or enhance the dangers of unsuitable, |
12 | | unfair, or illegal practices, methods, and activities in |
13 | | the conduct of video gaming; or |
14 | | (3) present questionable business practices and |
15 | | financial arrangements incidental to the conduct of video |
16 | | gaming activities. |
17 | | (e) Any applicant for any license under this Act has the |
18 | | burden of proving his or her qualifications to the satisfaction |
19 | | of the Board. The Board may adopt rules to establish additional |
20 | | qualifications and requirements to preserve the integrity and |
21 | | security of video gaming in this State. |
22 | | (f) A non-refundable application fee shall be paid at the |
23 | | time an
application for a license is filed with the Board in |
24 | | the following amounts:
|
25 | | (1) Manufacturer ..........................$5,000
|
26 | | (2) Distributor ...........................$5,000
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1 | | (3) Terminal operator .....................$5,000
|
2 | | (4) Supplier ..............................$2,500
|
3 | | (5) Technician ..............................$100
|
4 | | (6) Terminal Handler ..............................$50 |
5 | | (g) The Board shall establish an
annual fee for each |
6 | | license not to exceed the following: |
7 | | (1) Manufacturer .........................$10,000
|
8 | | (2) Distributor ..........................$10,000
|
9 | | (3) Terminal operator .....................$5,000
|
10 | | (4) Supplier ..............................$2,000
|
11 | | (5) Technician ..............................$100
|
12 | | (6) Licensed establishment, licensed truck stop
|
13 | | establishment, licensed fraternal establishment,
|
14 | | or licensed veterans establishment ..............$100
|
15 | | (7) Video gaming terminal ...................$100
|
16 | | (8) Terminal Handler ..............................$50
|
17 | | (h) A terminal operator and a licensed establishment, |
18 | | licensed truck stop establishment, licensed fraternal |
19 | | establishment,
or licensed veterans establishment shall |
20 | | equally split the fees specified in item (7) of subsection (g). |
21 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, |
22 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; |
23 | | 97-1150, eff. 1-25-13.)
|
24 | | (230 ILCS 40/78)
|
25 | | Sec. 78. Authority of the Illinois Gaming Board. |
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1 | | (a) The Board shall have jurisdiction over and shall |
2 | | supervise all gaming operations governed by this Act. The Board |
3 | | shall have all powers necessary and proper to fully and |
4 | | effectively execute the provisions of this Act, including, but |
5 | | not limited to, the following: |
6 | | (1) To investigate applicants and determine the |
7 | | eligibility of applicants for licenses and to select among |
8 | | competing applicants the applicants which best serve the |
9 | | interests of the citizens of Illinois. |
10 | | (2) To have jurisdiction and supervision over all video |
11 | | gaming operations in this State and all persons in |
12 | | establishments where video gaming operations are |
13 | | conducted. |
14 | | (3) To adopt rules for the purpose of administering the |
15 | | provisions of this Act and to prescribe rules, regulations, |
16 | | and conditions under which all video gaming in the State |
17 | | shall be conducted. Such rules and regulations are to |
18 | | provide for the prevention of practices detrimental to the |
19 | | public interest and for the best interests of video gaming, |
20 | | including rules and regulations (i) regarding the |
21 | | inspection of such establishments and the review of any |
22 | | permits or licenses necessary to operate an establishment |
23 | | under any laws or regulations applicable to |
24 | | establishments , (ii) and to impose penalties for |
25 | | violations of this Act and its rules , and (iii) |
26 | | establishing standards for advertising video gaming .
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1 | | (b) The Board shall adopt emergency rules to administer |
2 | | this Act in accordance with Section 5-45 of the Illinois |
3 | | Administrative Procedure Act. For the purposes of the Illinois |
4 | | Administrative Procedure Act, the General Assembly finds that |
5 | | the adoption of rules to implement this Act is deemed an |
6 | | emergency and necessary to the public interest, safety, and |
7 | | welfare.
|
8 | | (Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.) |
9 | | Section 10. The Criminal Code of 2012 is amended by |
10 | | changing Sections 28-2, 28-5, and 28-8 as follows:
|
11 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
|
12 | | Sec. 28-2. Definitions.
|
13 | | (a) A "gambling device" is any clock, tape machine, slot |
14 | | machine or
other machines or device for the reception of money |
15 | | or other thing of value
on chance or skill or upon the action |
16 | | of which money or other thing of
value is staked, hazarded, |
17 | | bet, won or lost; or any mechanism, furniture,
fixture, |
18 | | equipment or other device designed primarily for use in a |
19 | | gambling
place. A "gambling device" does not include:
|
20 | | (1) A coin-in-the-slot operated mechanical device |
21 | | played for amusement
which rewards the player with the |
22 | | right to replay such mechanical device,
which device is so |
23 | | constructed or devised as to make such result of the
|
24 | | operation thereof depend in part upon the skill of the |
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1 | | player and which
returns to the player thereof no money, |
2 | | property or right to receive money
or property.
|
3 | | (2) Vending machines by which full and adequate return |
4 | | is made for the
money invested and in which there is no |
5 | | element of chance or hazard.
|
6 | | (3) A crane game. For the purposes of this paragraph |
7 | | (3), a "crane
game" is an amusement device involving skill, |
8 | | if it rewards the player
exclusively with merchandise |
9 | | contained within the amusement device proper
and limited to |
10 | | toys, novelties and prizes other than currency, each having
|
11 | | a wholesale value which is not more than $25.
|
12 | | (4) A redemption machine. For the purposes of this |
13 | | paragraph (4), a
"redemption machine" is a single-player or |
14 | | multi-player amusement device
involving a game, the object |
15 | | of which is throwing, rolling, bowling,
shooting, placing, |
16 | | or propelling a ball or other object that is either |
17 | | physical or computer generated on a display or with lights |
18 | | into, upon, or
against a hole or other target that is |
19 | | either physical or computer generated on a display or with |
20 | | lights, or stopping, by physical, mechanical, or |
21 | | electronic means, a moving object that is either physical |
22 | | or computer generated on a display or with lights into, |
23 | | upon, or
against a hole or other target that is either |
24 | | physical or computer generated on a display or with lights, |
25 | | provided that all of the following
conditions are met:
|
26 | | (A) The outcome of the game is predominantly |
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1 | | determined by the
skill of the player.
|
2 | | (B) The award of the prize is based solely upon the |
3 | | player's
achieving the object of the game or otherwise |
4 | | upon the player's score.
|
5 | | (C) Only merchandise prizes are awarded.
|
6 | | (D) The wholesale value of prizes awarded in lieu |
7 | | of tickets
or tokens for single play of the device does |
8 | | not exceed $25.
|
9 | | (E) The redemption value of tickets, tokens, and |
10 | | other representations
of value, which may be |
11 | | accumulated by players to redeem prizes of greater
|
12 | | value, for a single play of the device does not exceed |
13 | | $25.
|
14 | | (5) Video gaming terminals at a licensed |
15 | | establishment, licensed truck stop establishment,
licensed
|
16 | | fraternal establishment, or licensed veterans |
17 | | establishment licensed in accordance with the Video Gaming |
18 | | Act. |
19 | | (a-5) "Internet" means an interactive computer service or |
20 | | system or an
information service, system, or access software |
21 | | provider that provides or
enables computer access by multiple |
22 | | users to a computer server, and includes,
but is not limited |
23 | | to, an information service, system, or access software
provider |
24 | | that provides access to a network system commonly known as the
|
25 | | Internet, or any comparable system or service and also |
26 | | includes, but is not
limited to, a World Wide Web page, |
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1 | | newsgroup, message board, mailing list, or
chat area on any |
2 | | interactive computer service or system or other online
service.
|
3 | | (a-6) "Access" and "computer" have the meanings ascribed to |
4 | | them in
Section
16D-2 of this Code.
|
5 | | (b) A "lottery" is any scheme or procedure whereby one or |
6 | | more prizes
are distributed by chance among persons who have |
7 | | paid or promised
consideration for a chance to win such prizes, |
8 | | whether such scheme or
procedure is called a lottery, raffle, |
9 | | gift, sale or some other name.
|
10 | | (c) A "policy game" is any scheme or procedure whereby a |
11 | | person promises
or guarantees by any instrument, bill, |
12 | | certificate, writing, token or other
device that any particular |
13 | | number, character, ticket or certificate shall
in the event of |
14 | | any contingency in the nature of a lottery entitle the
|
15 | | purchaser or holder to receive money, property or evidence of |
16 | | debt.
|
17 | | (Source: P.A. 97-1126, eff. 1-1-13.)
|
18 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
|
19 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
|
20 | | (a) Every device designed for gambling which is incapable |
21 | | of lawful use
or every device used unlawfully for gambling |
22 | | shall be considered a
"gambling device", and shall be subject |
23 | | to seizure, confiscation and
destruction by the Department of |
24 | | State Police or by any municipal, or other
local authority, |
25 | | within whose jurisdiction the same may be found. As used
in |
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1 | | this Section, a "gambling device" includes any slot machine, |
2 | | and
includes any machine or device constructed for the |
3 | | reception of money or
other thing of value and so constructed |
4 | | as to return, or to cause someone
to return, on chance to the |
5 | | player thereof money, property or a right to
receive money or |
6 | | property. With the exception of any device designed for
|
7 | | gambling which is incapable of lawful use, no gambling device |
8 | | shall be
forfeited or destroyed unless an individual with a |
9 | | property interest in
said device knows of the unlawful use of |
10 | | the device.
|
11 | | (b) Every gambling device shall be seized and forfeited to |
12 | | the county
wherein such seizure occurs. Any money or other |
13 | | thing of value integrally
related to acts of gambling shall be |
14 | | seized and forfeited to the county
wherein such seizure occurs.
|
15 | | (c) If, within 60 days after any seizure pursuant to |
16 | | subparagraph
(b) of this Section, a person having any property |
17 | | interest in the seized
property is charged with an offense, the |
18 | | court which renders judgment
upon such charge shall, within 30 |
19 | | days after such judgment, conduct a
forfeiture hearing to |
20 | | determine whether such property was a gambling device
at the |
21 | | time of seizure. Such hearing shall be commenced by a written
|
22 | | petition by the State, including material allegations of fact, |
23 | | the name
and address of every person determined by the State to |
24 | | have any property
interest in the seized property, a |
25 | | representation that written notice of
the date, time and place |
26 | | of such hearing has been mailed to every such
person by |
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1 | | certified mail at least 10 days before such date, and a
request |
2 | | for forfeiture. Every such person may appear as a party and
|
3 | | present evidence at such hearing. The quantum of proof required |
4 | | shall
be a preponderance of the evidence, and the burden of |
5 | | proof shall be on
the State. If the court determines that the |
6 | | seized property was
a gambling device at the time of seizure, |
7 | | an order of forfeiture and
disposition of the seized property |
8 | | shall be entered: a gambling device
shall be received by the |
9 | | State's Attorney, who shall effect its
destruction, except that |
10 | | valuable parts thereof may be liquidated and
the resultant |
11 | | money shall be deposited in the general fund of the county
|
12 | | wherein such seizure occurred; money and other things of value |
13 | | shall be
received by the State's Attorney and, upon |
14 | | liquidation, shall be
deposited in the general fund of the |
15 | | county wherein such seizure
occurred. However, in the event |
16 | | that a defendant raises the defense
that the seized slot |
17 | | machine is an antique slot machine described in
subparagraph |
18 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
19 | | from the charge of a gambling activity participant, the seized
|
20 | | antique slot machine shall not be destroyed or otherwise |
21 | | altered until a
final determination is made by the Court as to |
22 | | whether it is such an
antique slot machine. Upon a final |
23 | | determination by the Court of this
question in favor of the |
24 | | defendant, such slot machine shall be
immediately returned to |
25 | | the defendant. Such order of forfeiture and
disposition shall, |
26 | | for the purposes of appeal, be a final order and
judgment in a |
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1 | | civil proceeding.
|
2 | | (d) If a seizure pursuant to subparagraph (b) of this |
3 | | Section is not
followed by a charge pursuant to subparagraph |
4 | | (c) of this Section, or if
the prosecution of such charge is |
5 | | permanently terminated or indefinitely
discontinued without |
6 | | any judgment of conviction or acquittal (1) the
State's |
7 | | Attorney shall commence an in rem proceeding for the forfeiture
|
8 | | and destruction of a gambling device, or for the forfeiture and |
9 | | deposit
in the general fund of the county of any seized money |
10 | | or other things of
value, or both, in the circuit court and (2) |
11 | | any person having any
property interest in such seized gambling |
12 | | device, money or other thing
of value may commence separate |
13 | | civil proceedings in the manner provided
by law.
|
14 | | (e) Any gambling device displayed for sale to a riverboat |
15 | | gambling
operation or used to train occupational licensees of a |
16 | | riverboat gambling
operation as authorized under the Riverboat |
17 | | Gambling Act is exempt from
seizure under this Section.
|
18 | | (f) Any gambling equipment, devices and supplies provided |
19 | | by a licensed
supplier in accordance with the Riverboat |
20 | | Gambling Act which are removed
from the riverboat for repair |
21 | | are exempt from seizure under this Section.
|
22 | | (g) The following video gaming terminals are exempt from |
23 | | seizure under this Section: |
24 | | (1) Video gaming terminals for sale to a licensed |
25 | | distributor or operator under the Video Gaming Act. |
26 | | (2) Video gaming terminals used to train licensed |
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1 | | technicians or licensed terminal handlers. |
2 | | (3) Video gaming terminals that are removed from a |
3 | | licensed establishment, licensed truck stop establishment,
|
4 | | licensed
fraternal establishment, or licensed veterans |
5 | | establishment for repair. |
6 | | (Source: P.A. 87-826.)
|
7 | | (720 ILCS 5/28-8) (from Ch. 38, par. 28-8)
|
8 | | Sec. 28-8. Gambling
losses recoverable.
|
9 | | (a) Any person who by gambling shall lose to any other |
10 | | person, any sum
of money or thing of value, amounting to the |
11 | | sum of $50 or more and shall
pay or deliver the same or any part |
12 | | thereof, may sue for and recover the
money or other thing of |
13 | | value, so lost and paid or delivered, in a civil
action against |
14 | | the winner thereof, with costs, in
the circuit court. No person |
15 | | who accepts from another person for transmission,
and |
16 | | transmits, either in his own name or in the name of such other |
17 | | person,
any order for any transaction to be made upon, or who |
18 | | executes any order
given to him by another person, or who |
19 | | executes any transaction for his own
account on, any regular |
20 | | board of trade or commercial, commodity or stock
exchange, |
21 | | shall, under any circumstances, be deemed a "winner" of any
|
22 | | moneys lost by such other person in or through any such |
23 | | transactions.
|
24 | | (b) If within 6 months, such person who under the terms of |
25 | | Subsection
28-8(a) is entitled to initiate action to recover |
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1 | | his losses does not in
fact pursue his remedy, any person may |
2 | | initiate a civil action against the
winner. The court or the |
3 | | jury, as the case may be, shall determine the
amount of the |
4 | | loss. After such determination, the court shall enter a
|
5 | | judgment of triple the amount so determined.
|
6 | | (c) Gambling losses as a result of gambling conducted on a |
7 | | video gaming terminal licensed under the Video Gaming Act are |
8 | | not recoverable under this Section. |
9 | | (Source: P.A. 79-1360.)
|
10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law.
|