Sen. Terry Link

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 516

2    AMENDMENT NO. ______. Amend Senate Bill 516 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Riverboat Gambling Act is amended by
5changing Sections 2, 3, 4, 5, 5.1, 6, 7, 7.3, 8, 9, 11, 11.1,
612, 13, 18, 18.1, 19, and 20 as follows:
 
7    (230 ILCS 10/2)  (from Ch. 120, par. 2402)
8    Sec. 2. Legislative Intent.
9    (a) This Act is intended to benefit the people of the State
10of Illinois by assisting economic development and promoting
11Illinois tourism and by increasing the amount of revenues
12available to the State to assist and support education.
13    (b) While authorization of riverboat and casino gambling
14will enhance investment, development and tourism in Illinois,
15it is recognized that it will do so successfully only if public
16confidence and trust in the credibility and integrity of the

 

 

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1gambling operations and the regulatory process is maintained.
2Therefore, regulatory provisions of this Act are designed to
3strictly regulate the facilities, persons, associations and
4practices related to gambling operations pursuant to the police
5powers of the State, including comprehensive law enforcement
6supervision.
7    (c) The Illinois Gaming Board established under this Act
8should, as soon as possible, inform each applicant for an
9owners license of the Board's intent to grant or deny a
10license.
11(Source: P.A. 93-28, eff. 6-20-03.)
 
12    (230 ILCS 10/3)  (from Ch. 120, par. 2403)
13    Sec. 3. Riverboat Gambling Authorized.
14    (a) Riverboat and casino gambling operations and the system
15of wagering incorporated therein, as defined in this Act, are
16hereby authorized to the extent that they are carried out in
17accordance with the provisions of this Act.
18    (b) This Act does not apply to the pari-mutuel system of
19wagering used or intended to be used in connection with the
20horse-race meetings as authorized under the Illinois Horse
21Racing Act of 1975, lottery games authorized under the Illinois
22Lottery Law, bingo authorized under the Bingo License and Tax
23Act, charitable games authorized under the Charitable Games Act
24or pull tabs and jar games conducted under the Illinois Pull
25Tabs and Jar Games Act.

 

 

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1    (c) Riverboat gambling conducted pursuant to this Act may
2be authorized upon any water within the State of Illinois or
3any water other than Lake Michigan which constitutes a boundary
4of the State of Illinois. A licensee may conduct riverboat
5gambling authorized under this Act regardless of whether it
6conducts excursion cruises. A licensee may permit the
7continuous ingress and egress of passengers for the purpose of
8gambling.
9(Source: P.A. 91-40, eff. 6-25-99.)
 
10    (230 ILCS 10/4)  (from Ch. 120, par. 2404)
11    Sec. 4. Definitions. As used in this Act:
12    (a) "Board" means the Illinois Gaming Board.
13    (b) "Occupational license" means a license issued by the
14Board to a person or entity to perform an occupation which the
15Board has identified as requiring a license to engage in
16riverboat gambling or casino gambling in Illinois.
17    (c) "Gambling game" includes, but is not limited to,
18baccarat, twenty-one, poker, craps, slot machine, video game of
19chance, roulette wheel, klondike table, punchboard, faro
20layout, keno layout, numbers ticket, push card, jar ticket, or
21pull tab which is authorized by the Board as a wagering device
22under this Act.
23    (d) "Riverboat" means a self-propelled excursion boat, a
24permanently moored barge, or permanently moored barges that are
25permanently fixed together to operate as one vessel, on which

 

 

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1lawful gambling is authorized and licensed as provided in this
2Act.
3    (e) "Managers license" means a license issued by the Board
4to a person or entity to manage gambling operations conducted
5by the State pursuant to Section 7.3.
6    (f) "Dock" means the location where a riverboat moors for
7the purpose of embarking passengers for and disembarking
8passengers from the riverboat.
9    (g) "Gross receipts" means the total amount of money
10exchanged for the purchase of chips, tokens, or electronic
11cards by riverboat patrons.
12    (h) "Adjusted gross receipts" means the gross receipts less
13winnings paid to wagerers.
14    (i) "Cheat" means to alter the selection of criteria which
15determine the result of a gambling game or the amount or
16frequency of payment in a gambling game.
17    (j) (Blank).
18    (k) "Gambling operation" means the conduct of authorized
19gambling games authorized under this Act upon a riverboat or in
20a casino.
21    (l) "License bid" means the lump sum amount of money that
22an applicant bids and agrees to pay the State in return for an
23owners license that is re-issued on or after July 1, 2003.
24    (m) The terms "minority person", "woman", and "person with
25a disability" shall have the same meaning as defined in Section
262 of the Business Enterprise for Minorities, Women, and Persons

 

 

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1with Disabilities Act.
2    "Casino" means a facility at which lawful gambling is
3authorized as provided in this Act.
4    "Owners license" means a license to conduct riverboat or
5casino gambling operations.
6    "Licensed owner" means a person who holds an owners
7license.
8(Source: P.A. 100-391, eff. 8-25-17.)
 
9    (230 ILCS 10/5)  (from Ch. 120, par. 2405)
10    Sec. 5. Gaming Board.
11    (a) (1) There is hereby established the Illinois Gaming
12Board, which shall have the powers and duties specified in this
13Act, and all other powers necessary and proper to fully and
14effectively execute this Act for the purpose of administering,
15regulating, and enforcing the system of riverboat and casino
16gambling established by this Act. Its jurisdiction shall extend
17under this Act to every person, association, corporation,
18partnership and trust involved in riverboat and casino gambling
19operations in the State of Illinois.
20    (2) The Board shall consist of 5 members to be appointed by
21the Governor with the advice and consent of the Senate, one of
22whom shall be designated by the Governor to be chairperson
23chairman. Each member shall have a reasonable knowledge of the
24practice, procedure and principles of gambling operations.
25Each member shall either be a resident of Illinois or shall

 

 

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1certify that he or she will become a resident of Illinois
2before taking office. At least one member shall be experienced
3in law enforcement and criminal investigation, at least one
4member shall be a certified public accountant experienced in
5accounting and auditing, and at least one member shall be a
6lawyer licensed to practice law in Illinois.
7    (3) The terms of office of the Board members shall be 3
8years, except that the terms of office of the initial Board
9members appointed pursuant to this Act will commence from the
10effective date of this Act and run as follows: one for a term
11ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
12a term ending July 1, 1993. Upon the expiration of the
13foregoing terms, the successors of such members shall serve a
14term for 3 years and until their successors are appointed and
15qualified for like terms. Vacancies in the Board shall be
16filled for the unexpired term in like manner as original
17appointments. Each member of the Board shall be eligible for
18reappointment at the discretion of the Governor with the advice
19and consent of the Senate.
20    (4) Each member of the Board shall receive $300 for each
21day the Board meets and for each day the member conducts any
22hearing pursuant to this Act. Each member of the Board shall
23also be reimbursed for all actual and necessary expenses and
24disbursements incurred in the execution of official duties.
25    (5) No person shall be appointed a member of the Board or
26continue to be a member of the Board who is, or whose spouse,

 

 

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1child or parent is, a member of the board of directors of, or a
2person financially interested in, any gambling operation
3subject to the jurisdiction of this Board, or any race track,
4race meeting, racing association or the operations thereof
5subject to the jurisdiction of the Illinois Racing Board. No
6Board member shall hold any other public office. No person
7shall be a member of the Board who is not of good moral
8character or who has been convicted of, or is under indictment
9for, a felony under the laws of Illinois or any other state, or
10the United States.
11    (5.5) No member of the Board shall engage in any political
12activity. For the purposes of this Section, "political" means
13any activity in support of or in connection with any campaign
14for federal, State, or local elective office or any political
15organization, but does not include activities (i) relating to
16the support or opposition of any executive, legislative, or
17administrative action (as those terms are defined in Section 2
18of the Lobbyist Registration Act), (ii) relating to collective
19bargaining, or (iii) that are otherwise in furtherance of the
20person's official State duties or governmental and public
21service functions.
22    (6) Any member of the Board may be removed by the Governor
23for neglect of duty, misfeasance, malfeasance, or nonfeasance
24in office or for engaging in any political activity.
25    (7) Before entering upon the discharge of the duties of his
26office, each member of the Board shall take an oath that he

 

 

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1will faithfully execute the duties of his office according to
2the laws of the State and the rules and regulations adopted
3therewith and shall give bond to the State of Illinois,
4approved by the Governor, in the sum of $25,000. Every such
5bond, when duly executed and approved, shall be recorded in the
6office of the Secretary of State. Whenever the Governor
7determines that the bond of any member of the Board has become
8or is likely to become invalid or insufficient, he shall
9require such member forthwith to renew his bond, which is to be
10approved by the Governor. Any member of the Board who fails to
11take oath and give bond within 30 days from the date of his
12appointment, or who fails to renew his bond within 30 days
13after it is demanded by the Governor, shall be guilty of
14neglect of duty and may be removed by the Governor. The cost of
15any bond given by any member of the Board under this Section
16shall be taken to be a part of the necessary expenses of the
17Board.
18    (7.5) For the examination of all mechanical,
19electromechanical, or electronic table games, slot machines,
20slot accounting systems, and other electronic gaming equipment
21for compliance with this Act, the Board may utilize the
22services of one or more independent outside testing
23laboratories that have been accredited by a national
24accreditation body and that, in the judgment of the Board, are
25qualified to perform such examinations.
26    (8) The Board shall employ such personnel as may be

 

 

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1necessary to carry out its functions and shall determine the
2salaries of all personnel, except those personnel whose
3salaries are determined under the terms of a collective
4bargaining agreement. No person shall be employed to serve the
5Board who is, or whose spouse, parent or child is, an official
6of, or has a financial interest in or financial relation with,
7any operator engaged in gambling operations within this State
8or any organization engaged in conducting horse racing within
9this State. Any employee violating these prohibitions shall be
10subject to termination of employment.
11    (9) An Administrator shall perform any and all duties that
12the Board shall assign him. The salary of the Administrator
13shall be determined by the Board and, in addition, he shall be
14reimbursed for all actual and necessary expenses incurred by
15him in discharge of his official duties. The Administrator
16shall keep records of all proceedings of the Board and shall
17preserve all records, books, documents and other papers
18belonging to the Board or entrusted to its care. The
19Administrator shall devote his full time to the duties of the
20office and shall not hold any other office or employment.
21    (b) The Board shall have general responsibility for the
22implementation of this Act. Its duties include, without
23limitation, the following:
24        (1) To decide promptly and in reasonable order all
25    license applications. Any party aggrieved by an action of
26    the Board denying, suspending, revoking, restricting or

 

 

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1    refusing to renew a license may request a hearing before
2    the Board. A request for a hearing must be made to the
3    Board in writing within 5 days after service of notice of
4    the action of the Board. Notice of the action of the Board
5    shall be served either by personal delivery or by certified
6    mail, postage prepaid, to the aggrieved party. Notice
7    served by certified mail shall be deemed complete on the
8    business day following the date of such mailing. The Board
9    shall conduct all requested hearings promptly and in
10    reasonable order;
11        (2) To conduct all hearings pertaining to civil
12    violations of this Act or rules and regulations promulgated
13    hereunder;
14        (3) To promulgate such rules and regulations as in its
15    judgment may be necessary to protect or enhance the
16    credibility and integrity of gambling operations
17    authorized by this Act and the regulatory process
18    hereunder;
19        (4) To provide for the establishment and collection of
20    all license and registration fees and taxes imposed by this
21    Act and the rules and regulations issued pursuant hereto.
22    All such fees and taxes shall be deposited into the State
23    Gaming Fund;
24        (5) To provide for the levy and collection of penalties
25    and fines for the violation of provisions of this Act and
26    the rules and regulations promulgated hereunder. All such

 

 

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1    fines and penalties shall be deposited into the Education
2    Assistance Fund, created by Public Act 86-0018, of the
3    State of Illinois;
4        (6) To be present through its inspectors and agents any
5    time gambling operations are conducted on any riverboat or
6    in any casino for the purpose of certifying the revenue
7    thereof, receiving complaints from the public, and
8    conducting such other investigations into the conduct of
9    the gambling games and the maintenance of the equipment as
10    from time to time the Board may deem necessary and proper;
11        (7) To review and rule upon any complaint by a licensee
12    regarding any investigative procedures of the State which
13    are unnecessarily disruptive of gambling operations. The
14    need to inspect and investigate shall be presumed at all
15    times. The disruption of a licensee's operations shall be
16    proved by clear and convincing evidence, and establish
17    that: (A) the procedures had no reasonable law enforcement
18    purposes, and (B) the procedures were so disruptive as to
19    unreasonably inhibit gambling operations;
20        (8) To hold at least one meeting each quarter of the
21    fiscal year. In addition, special meetings may be called by
22    the Chairman or any 2 Board members upon 72 hours written
23    notice to each member. All Board meetings shall be subject
24    to the Open Meetings Act. Three members of the Board shall
25    constitute a quorum, and 3 votes shall be required for any
26    final determination by the Board. The Board shall keep a

 

 

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1    complete and accurate record of all its meetings. A
2    majority of the members of the Board shall constitute a
3    quorum for the transaction of any business, for the
4    performance of any duty, or for the exercise of any power
5    which this Act requires the Board members to transact,
6    perform or exercise en banc, except that, upon order of the
7    Board, one of the Board members or an administrative law
8    judge designated by the Board may conduct any hearing
9    provided for under this Act or by Board rule and may
10    recommend findings and decisions to the Board. The Board
11    member or administrative law judge conducting such hearing
12    shall have all powers and rights granted to the Board in
13    this Act. The record made at the time of the hearing shall
14    be reviewed by the Board, or a majority thereof, and the
15    findings and decision of the majority of the Board shall
16    constitute the order of the Board in such case;
17        (9) To maintain records which are separate and distinct
18    from the records of any other State board or commission.
19    Such records shall be available for public inspection and
20    shall accurately reflect all Board proceedings;
21        (10) To file a written annual report with the Governor
22    on or before July 1 each year and such additional reports
23    as the Governor may request. The annual report shall
24    include a statement of receipts and disbursements by the
25    Board, actions taken by the Board, and any additional
26    information and recommendations which the Board may deem

 

 

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1    valuable or which the Governor may request;
2        (11) (Blank);
3        (12) (Blank);
4        (13) To assume responsibility for administration and
5    enforcement of the Video Gaming Act; and
6        (14) To adopt, by rule, a code of conduct governing
7    Board members and employees that ensure, to the maximum
8    extent possible, that persons subject to this Code avoid
9    situations, relationships, or associations that may
10    represent or lead to a conflict of interest.
11    (c) The Board shall have jurisdiction over and shall
12supervise all gambling operations governed by this Act. The
13Board shall have all powers necessary and proper to fully and
14effectively execute the provisions of this Act, including, but
15not limited to, the following:
16        (1) To investigate applicants and determine the
17    eligibility of applicants for licenses and to select among
18    competing applicants the applicants which best serve the
19    interests of the citizens of Illinois.
20        (2) To have jurisdiction and supervision over all
21    riverboat gambling operations authorized under this Act in
22    this State and all persons in places on riverboats where
23    gambling operations are conducted.
24        (3) To promulgate rules and regulations for the purpose
25    of administering the provisions of this Act and to
26    prescribe rules, regulations and conditions under which

 

 

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1    all riverboat gambling operations subject to this Act in
2    the State shall be conducted. Such rules and regulations
3    are to provide for the prevention of practices detrimental
4    to the public interest and for the best interests of
5    riverboat gambling, including rules and regulations
6    regarding the inspection of casinos and such riverboats,
7    and the review of any permits or licenses necessary to
8    operate a riverboat or casino under any laws or regulations
9    applicable to riverboats or casinos , and to impose
10    penalties for violations thereof.
11        (4) To enter the office, riverboats, casinos,
12    facilities, or other places of business of a licensee,
13    where evidence of the compliance or noncompliance with the
14    provisions of this Act is likely to be found.
15        (5) To investigate alleged violations of this Act or
16    the rules of the Board and to take appropriate disciplinary
17    action against a licensee or a holder of an occupational
18    license for a violation, or institute appropriate legal
19    action for enforcement, or both.
20        (6) To adopt standards for the licensing of all persons
21    and entities under this Act, as well as for electronic or
22    mechanical gambling games, and to establish fees for such
23    licenses.
24        (7) To adopt appropriate standards for all riverboats,
25    casinos, and facilities authorized under this Act.
26        (8) To require that the records, including financial or

 

 

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1    other statements of any licensee under this Act, shall be
2    kept in such manner as prescribed by the Board and that any
3    such licensee involved in the ownership or management of
4    gambling operations submit to the Board an annual balance
5    sheet and profit and loss statement, list of the
6    stockholders or other persons having a 1% or greater
7    beneficial interest in the gambling activities of each
8    licensee, and any other information the Board deems
9    necessary in order to effectively administer this Act and
10    all rules, regulations, orders and final decisions
11    promulgated under this Act.
12        (9) To conduct hearings, issue subpoenas for the
13    attendance of witnesses and subpoenas duces tecum for the
14    production of books, records and other pertinent documents
15    in accordance with the Illinois Administrative Procedure
16    Act, and to administer oaths and affirmations to the
17    witnesses, when, in the judgment of the Board, it is
18    necessary to administer or enforce this Act or the Board
19    rules.
20        (10) To prescribe a form to be used by any licensee
21    involved in the ownership or management of gambling
22    operations as an application for employment for their
23    employees.
24        (11) To revoke or suspend licenses, as the Board may
25    see fit and in compliance with applicable laws of the State
26    regarding administrative procedures, and to review

 

 

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1    applications for the renewal of licenses. The Board may
2    suspend an owners license, without notice or hearing upon a
3    determination that the safety or health of patrons or
4    employees is jeopardized by continuing a gambling
5    operation conducted under that license riverboat's
6    operation. The suspension may remain in effect until the
7    Board determines that the cause for suspension has been
8    abated. The Board may revoke the owners license upon a
9    determination that the owner has not made satisfactory
10    progress toward abating the hazard.
11        (12) To eject or exclude or authorize the ejection or
12    exclusion of, any person from riverboat gambling
13    facilities where that such person is in violation of this
14    Act, rules and regulations thereunder, or final orders of
15    the Board, or where such person's conduct or reputation is
16    such that his or her presence within the riverboat gambling
17    facilities may, in the opinion of the Board, call into
18    question the honesty and integrity of the gambling
19    operations or interfere with the orderly conduct thereof;
20    provided that the propriety of such ejection or exclusion
21    is subject to subsequent hearing by the Board.
22        (13) To require all licensees of gambling operations to
23    utilize a cashless wagering system whereby all players'
24    money is converted to tokens, electronic cards, or chips
25    which shall be used only for wagering in the gambling
26    establishment.

 

 

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1        (14) (Blank).
2        (15) To suspend, revoke or restrict licenses, to
3    require the removal of a licensee or an employee of a
4    licensee for a violation of this Act or a Board rule or for
5    engaging in a fraudulent practice, and to impose civil
6    penalties of up to $5,000 against individuals and up to
7    $10,000 or an amount equal to the daily gross receipts,
8    whichever is larger, against licensees for each violation
9    of any provision of the Act, any rules adopted by the
10    Board, any order of the Board or any other action which, in
11    the Board's discretion, is a detriment or impediment to
12    riverboat gambling operations.
13        (16) To hire employees to gather information, conduct
14    investigations and carry out any other tasks contemplated
15    under this Act.
16        (17) To establish minimum levels of insurance to be
17    maintained by licensees.
18        (18) To authorize a licensee to sell or serve alcoholic
19    liquors, wine or beer as defined in the Liquor Control Act
20    of 1934 on board a riverboat or in a casino and to have
21    exclusive authority to establish the hours for sale and
22    consumption of alcoholic liquor on board a riverboat or in
23    a casino, notwithstanding any provision of the Liquor
24    Control Act of 1934 or any local ordinance, and regardless
25    of whether the riverboat makes excursions. The
26    establishment of the hours for sale and consumption of

 

 

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1    alcoholic liquor on board a riverboat or in a casino is an
2    exclusive power and function of the State. A home rule unit
3    may not establish the hours for sale and consumption of
4    alcoholic liquor on board a riverboat or in a casino. This
5    subdivision (18) amendatory Act of 1991 is a denial and
6    limitation of home rule powers and functions under
7    subsection (h) of Section 6 of Article VII of the Illinois
8    Constitution.
9        (19) After consultation with the U.S. Army Corps of
10    Engineers, to establish binding emergency orders upon the
11    concurrence of a majority of the members of the Board
12    regarding the navigability of water, relative to
13    excursions, in the event of extreme weather conditions,
14    acts of God or other extreme circumstances.
15        (20) To delegate the execution of any of its powers
16    under this Act for the purpose of administering and
17    enforcing this Act and its rules and regulations hereunder.
18        (20.5) To approve any contract entered into on its
19    behalf.
20        (20.6) To appoint investigators to conduct
21    investigations, searches, seizures, arrests, and other
22    duties imposed under this Act, as deemed necessary by the
23    Board. These investigators have and may exercise all of the
24    rights and powers of peace officers, provided that these
25    powers shall be limited to offenses or violations occurring
26    or committed in a casino or on a riverboat or dock, as

 

 

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1    defined in subsections (d) and (f) of Section 4, or as
2    otherwise provided by this Act or any other law.
3        (20.7) To contract with the Department of State Police
4    for the use of trained and qualified State police officers
5    and with the Department of Revenue for the use of trained
6    and qualified Department of Revenue investigators to
7    conduct investigations, searches, seizures, arrests, and
8    other duties imposed under this Act and to exercise all of
9    the rights and powers of peace officers, provided that the
10    powers of Department of Revenue investigators under this
11    subdivision (20.7) shall be limited to offenses or
12    violations occurring or committed in a casino or on a
13    riverboat or dock, as defined in subsections (d) and (f) of
14    Section 4, or as otherwise provided by this Act or any
15    other law. In the event the Department of State Police or
16    the Department of Revenue is unable to fill contracted
17    police or investigative positions, the Board may appoint
18    investigators to fill those positions pursuant to
19    subdivision (20.6).
20        (21) To have the same jurisdiction and supervision over
21    casinos as the Board has over riverboats, including, but
22    not limited to, the power to (i) investigate, review, and
23    approve contracts as that power is applied to riverboats,
24    (ii) adopt rules for administering the provisions of this
25    Act, (iii) adopt standards for the licensing of all persons
26    involved with a casino, (iv) investigate alleged

 

 

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1    violations of this Act by any person involved with a
2    casino, and (v) require that records, including financial
3    or other statements of any casino, shall be kept in such
4    manner as prescribed by the Board.
5        (22) (21) To take any other action as may be reasonable
6    or appropriate to enforce this Act and rules and
7    regulations hereunder.
8    (d) The Board may seek and shall receive the cooperation of
9the Department of State Police in conducting background
10investigations of applicants and in fulfilling its
11responsibilities under this Section. Costs incurred by the
12Department of State Police as a result of such cooperation
13shall be paid by the Board in conformance with the requirements
14of Section 2605-400 of the Department of State Police Law (20
15ILCS 2605/2605-400).
16    (e) The Board must authorize to each investigator and to
17any other employee of the Board exercising the powers of a
18peace officer a distinct badge that, on its face, (i) clearly
19states that the badge is authorized by the Board and (ii)
20contains a unique identifying number. No other badge shall be
21authorized by the Board.
22(Source: P.A. 100-1152, eff. 12-14-18.)
 
23    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
24    Sec. 5.1. Disclosure of records.
25    (a) Notwithstanding any applicable statutory provision to

 

 

10100SB0516sam001- 21 -LRB101 04277 SMS 59275 a

1the contrary, the Board shall, on written request from any
2person, provide information furnished by an applicant or
3licensee concerning the applicant or licensee, his products,
4services or gambling enterprises and his business holdings, as
5follows:
6        (1) The name, business address and business telephone
7    number of any applicant or licensee.
8        (2) An identification of any applicant or licensee
9    including, if an applicant or licensee is not an
10    individual, the state of incorporation or registration,
11    the corporate officers, and the identity of all
12    shareholders or participants. If an applicant or licensee
13    has a pending registration statement filed with the
14    Securities and Exchange Commission, only the names of those
15    persons or entities holding interest of 5% or more must be
16    provided.
17        (3) An identification of any business, including, if
18    applicable, the state of incorporation or registration, in
19    which an applicant or licensee or an applicant's or
20    licensee's spouse or children has an equity interest of
21    more than 1%. If an applicant or licensee is a corporation,
22    partnership or other business entity, the applicant or
23    licensee shall identify any other corporation, partnership
24    or business entity in which it has an equity interest of 1%
25    or more, including, if applicable, the state of
26    incorporation or registration. This information need not

 

 

10100SB0516sam001- 22 -LRB101 04277 SMS 59275 a

1    be provided by a corporation, partnership or other business
2    entity that has a pending registration statement filed with
3    the Securities and Exchange Commission.
4        (4) Whether an applicant or licensee has been indicted,
5    convicted, pleaded guilty or nolo contendere, or forfeited
6    bail concerning any criminal offense under the laws of any
7    jurisdiction, either felony or misdemeanor (except for
8    traffic violations), including the date, the name and
9    location of the court, arresting agency and prosecuting
10    agency, the case number, the offense, the disposition and
11    the location and length of incarceration.
12        (5) Whether an applicant or licensee has had any
13    license or certificate issued by a licensing authority in
14    Illinois or any other jurisdiction denied, restricted,
15    suspended, revoked or not renewed and a statement
16    describing the facts and circumstances concerning the
17    denial, restriction, suspension, revocation or
18    non-renewal, including the licensing authority, the date
19    each such action was taken, and the reason for each such
20    action.
21        (6) Whether an applicant or licensee has ever filed or
22    had filed against it a proceeding in bankruptcy or has ever
23    been involved in any formal process to adjust, defer,
24    suspend or otherwise work out the payment of any debt
25    including the date of filing, the name and location of the
26    court, the case and number of the disposition.

 

 

10100SB0516sam001- 23 -LRB101 04277 SMS 59275 a

1        (7) Whether an applicant or licensee has filed, or been
2    served with a complaint or other notice filed with any
3    public body, regarding the delinquency in the payment of,
4    or a dispute over the filings concerning the payment of,
5    any tax required under federal, State or local law,
6    including the amount, type of tax, the taxing agency and
7    time periods involved.
8        (8) A statement listing the names and titles of all
9    public officials or officers of any unit of government, and
10    relatives of said public officials or officers who,
11    directly or indirectly, own any financial interest in, have
12    any beneficial interest in, are the creditors of or hold
13    any debt instrument issued by, or hold or have any interest
14    in any contractual or service relationship with, an
15    applicant or licensee.
16        (9) Whether an applicant or licensee has made, directly
17    or indirectly, any political contribution, or any loans,
18    donations or other payments, to any candidate or office
19    holder, within 5 years from the date of filing the
20    application, including the amount and the method of
21    payment.
22        (10) The name and business telephone number of the
23    counsel representing an applicant or licensee in matters
24    before the Board.
25        (11) A description of any proposed or approved gambling
26    riverboat gaming operation, including the type of boat,

 

 

10100SB0516sam001- 24 -LRB101 04277 SMS 59275 a

1    home dock, or casino or gaming location, expected economic
2    benefit to the community, anticipated or actual number of
3    employees, any statement from an applicant or licensee
4    regarding compliance with federal and State affirmative
5    action guidelines, projected or actual admissions and
6    projected or actual adjusted gross gaming receipts.
7        (12) A description of the product or service to be
8    supplied by an applicant for a supplier's license.
9    (b) Notwithstanding any applicable statutory provision to
10the contrary, the Board shall, on written request from any
11person, also provide the following information:
12        (1) The amount of the wagering tax and admission tax
13    paid daily to the State of Illinois by the holder of an
14    owner's license.
15        (2) Whenever the Board finds an applicant for an
16    owner's license unsuitable for licensing, a copy of the
17    written letter outlining the reasons for the denial.
18        (3) Whenever the Board has refused to grant leave for
19    an applicant to withdraw his application, a copy of the
20    letter outlining the reasons for the refusal.
21    (c) Subject to the above provisions, the Board shall not
22disclose any information which would be barred by:
23        (1) Section 7 of the Freedom of Information Act; or
24        (2) The statutes, rules, regulations or
25    intergovernmental agreements of any jurisdiction.
26    (d) The Board may assess fees for the copying of

 

 

10100SB0516sam001- 25 -LRB101 04277 SMS 59275 a

1information in accordance with Section 6 of the Freedom of
2Information Act.
3(Source: P.A. 96-1392, eff. 1-1-11.)
 
4    (230 ILCS 10/6)  (from Ch. 120, par. 2406)
5    Sec. 6. Application for Owners License.
6    (a) A qualified person may apply to the Board for an owners
7license to conduct a riverboat gambling operation as provided
8in this Act. The application shall be made on forms provided by
9the Board and shall contain such information as the Board
10prescribes, including, but not limited to, the identity of the
11riverboat on which such gambling operation is to be conducted,
12if applicable, and the exact location where such riverboat or
13casino will be located docked, a certification that the
14riverboat will be registered under this Act at all times during
15which gambling operations are conducted on board, detailed
16information regarding the ownership and management of the
17applicant, and detailed personal information regarding the
18applicant. Any application for an owners license to be
19re-issued on or after June 1, 2003 shall also include the
20applicant's license bid in a form prescribed by the Board.
21Information provided on the application shall be used as a
22basis for a thorough background investigation which the Board
23shall conduct with respect to each applicant. An incomplete
24application shall be cause for denial of a license by the
25Board.

 

 

10100SB0516sam001- 26 -LRB101 04277 SMS 59275 a

1    (b) Applicants shall submit with their application all
2documents, resolutions, and letters of support from the
3governing body that represents the municipality or county
4wherein the licensee will be located dock.
5    (c) Each applicant shall disclose the identity of every
6person or entity , association, trust or corporation having a
7greater than 1% direct or indirect pecuniary interest in the
8riverboat gambling operation with respect to which the license
9is sought. If the disclosed entity is a trust, the application
10shall disclose the names and addresses of all the
11beneficiaries; if a corporation, the names and addresses of all
12stockholders and directors; if a partnership, the names and
13addresses of all partners, both general and limited.
14    (d) An application shall be filed and considered in
15accordance with the rules of the Board. Each application shall
16be accompanied by a non-refundable An application fee of
17$100,000. In addition, a non-refundable fee of $50,000 shall be
18paid at the time of filing to defray the costs associated with
19the background investigation conducted by the Board. If the
20costs of the investigation exceed $50,000, the applicant shall
21pay the additional amount to the Board within 7 days after
22requested by the Board. If the costs of the investigation are
23less than $50,000, the applicant shall receive a refund of the
24remaining amount. All information, records, interviews,
25reports, statements, memoranda or other data supplied to or
26used by the Board in the course of its review or investigation

 

 

10100SB0516sam001- 27 -LRB101 04277 SMS 59275 a

1of an application for a license or a renewal under this Act
2shall be privileged, strictly confidential and shall be used
3only for the purpose of evaluating an applicant for a license
4or a renewal. Such information, records, interviews, reports,
5statements, memoranda or other data shall not be admissible as
6evidence, nor discoverable in any action of any kind in any
7court or before any tribunal, board, agency or person, except
8for any action deemed necessary by the Board.
9    (e) The Board shall charge each applicant a fee set by the
10Department of State Police to defray the costs associated with
11the search and classification of fingerprints obtained by the
12Board with respect to the applicant's application. These fees
13shall be paid into the State Police Services Fund.
14    (f) The licensed owner shall be the person primarily
15responsible for the boat or casino itself. Only one riverboat
16gambling operation may be authorized by the Board on any
17riverboat or in any casino. The applicant must identify the
18each riverboat or premises it intends to use and certify that
19the riverboat or premises: (1) has the authorized capacity
20required in this Act; (2) is accessible to persons with
21disabilities; and (3) is fully registered and licensed in
22accordance with any applicable laws.
23    (g) A person who knowingly makes a false statement on an
24application is guilty of a Class A misdemeanor.
25(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

10100SB0516sam001- 28 -LRB101 04277 SMS 59275 a

1    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
2    Sec. 7. Owners licenses.
3    (a) The Board shall issue owners licenses to persons, firms
4or corporations which apply for such licenses upon payment to
5the Board of the non-refundable license fee set by the Board,
6upon payment of a $25,000 license fee for the first year of
7operation and a $5,000 license fee for each succeeding year and
8upon a determination by the Board that the applicant is
9eligible for an owners license pursuant to this Act and the
10rules of the Board. From the effective date of this amendatory
11Act of the 95th General Assembly until (i) 3 years after the
12effective date of this amendatory Act of the 95th General
13Assembly, (ii) the date any organization licensee begins to
14operate a slot machine or video game of chance under the
15Illinois Horse Racing Act of 1975 or this Act, (iii) the date
16that payments begin under subsection (c-5) of Section 13 of the
17Act, or (iv) the wagering tax imposed under Section 13 of this
18Act is increased by law to reflect a tax rate that is at least
19as stringent or more stringent than the tax rate contained in
20subsection (a-3) of Section 13, whichever occurs first, as a
21condition of licensure and as an alternative source of payment
22for those funds payable under subsection (c-5) of Section 13 of
23the Riverboat Gambling Act, any owners licensee that holds or
24receives its owners license on or after the effective date of
25this amendatory Act of the 94th General Assembly, other than an
26owners licensee operating a riverboat with adjusted gross

 

 

10100SB0516sam001- 29 -LRB101 04277 SMS 59275 a

1receipts in calendar year 2004 of less than $200,000,000, must
2pay into the Horse Racing Equity Trust Fund, in addition to any
3other payments required under this Act, an amount equal to 3%
4of the adjusted gross receipts received by the owners licensee.
5The payments required under this Section shall be made by the
6owners licensee to the State Treasurer no later than 3:00
7o'clock p.m. of the day after the day when the adjusted gross
8receipts were received by the owners licensee. A person, firm
9or entity corporation is ineligible to receive an owners
10license if:
11        (1) the person has been convicted of a felony under the
12    laws of this State, any other state, or the United States;
13        (2) the person has been convicted of any violation of
14    Article 28 of the Criminal Code of 1961 or the Criminal
15    Code of 2012, or substantially similar laws of any other
16    jurisdiction;
17        (3) the person has submitted an application for a
18    license under this Act which contains false information;
19        (4) the person is a member of the Board;
20        (5) a person defined in (1), (2), (3) or (4) is an
21    officer, director or managerial employee of the entity firm
22    or corporation;
23        (6) the entity firm or corporation employs a person
24    defined in (1), (2), (3) or (4) who participates in the
25    management or operation of gambling operations authorized
26    under this Act;

 

 

10100SB0516sam001- 30 -LRB101 04277 SMS 59275 a

1        (7) (blank); or
2        (8) a license of the person or entity , firm or
3    corporation issued under this Act, or a license to own or
4    operate gambling facilities in any other jurisdiction, has
5    been revoked.
6    The Board is expressly prohibited from making changes to
7the requirement that licensees make payment into the Horse
8Racing Equity Trust Fund without the express authority of the
9Illinois General Assembly and making any other rule to
10implement or interpret this amendatory Act of the 95th General
11Assembly. For the purposes of this paragraph, "rules" is given
12the meaning given to that term in Section 1-70 of the Illinois
13Administrative Procedure Act.
14    (b) In determining whether to grant an owners license to an
15applicant, the Board shall consider:
16        (1) the character, reputation, experience and
17    financial integrity of the applicants and of any other or
18    separate person that either:
19            (A) controls, directly or indirectly, such
20        applicant, or
21            (B) is controlled, directly or indirectly, by such
22        applicant or by a person which controls, directly or
23        indirectly, such applicant;
24        (2) the facilities or proposed facilities for the
25    conduct of riverboat gambling;
26        (3) the highest prospective total revenue to be derived

 

 

10100SB0516sam001- 31 -LRB101 04277 SMS 59275 a

1    by the State from the conduct of riverboat gambling;
2        (4) the extent to which the ownership of the applicant
3    reflects the diversity of the State by including minority
4    persons, women, and persons with a disability and the good
5    faith affirmative action plan of each applicant to recruit,
6    train and upgrade minority persons, women, and persons with
7    a disability in all employment classifications;
8        (4.5) the extent to which the ownership of the
9    applicant includes veterans of service in the armed forces
10    of the United States, and the good faith affirmative action
11    plan of each applicant to recruit, train, and upgrade
12    veterans of service in the armed forces of the United
13    States in all employment classifications;
14        (5) the financial ability of the applicant to purchase
15    and maintain adequate liability and casualty insurance;
16        (6) whether the applicant has adequate capitalization
17    to provide and maintain, for the duration of a license, a
18    riverboat or casino;
19        (7) the extent to which the applicant exceeds or meets
20    other standards for the issuance of an owners license which
21    the Board may adopt by rule; and
22        (8) the The amount of the applicant's license bid; .
23        (9) the extent to which the applicant or the proposed
24    host municipality plans to enter into revenue sharing
25    agreements with communities other than the host
26    municipality; and

 

 

10100SB0516sam001- 32 -LRB101 04277 SMS 59275 a

1        (10) the extent to which the ownership of an applicant
2    includes the most qualified number of minority persons,
3    females, and persons with a disability.
4    (c) Each owners license shall specify the place where the
5casino riverboats shall operate or the riverboat shall operate
6and dock.
7    (d) Each applicant shall submit with his application, on
8forms provided by the Board, 2 sets of his fingerprints.
9    (e) The Board may issue up to 10 licenses authorizing the
10holders of such licenses to own riverboats. In the application
11for an owners license, the applicant shall state the dock at
12which the riverboat is based and the water on which the
13riverboat will be located. A riverboat may relocate to a new
14location from where it was docked on the effective date of this
15amendatory Act of the 101st General Assembly with approval from
16the Board. The Board shall approve relocations based on those
17plans that provide for the least amount of cannibalization of
18existing licensees' revenues generated pursuant to this Act. As
19used in this subsection (e), "cannibalization" means the
20diversion of revenues generated pursuant to this Act from
21existing licensees by an owners licensee authorized to relocate
22under this subsection (e) and by taking into consideration the
23best interest of the State. In determining whether
24cannibalization exists, the Board shall also consider the
25extent to which the applicant can attract from market areas of
26neighboring states. The Board shall issue 5 licenses to become

 

 

10100SB0516sam001- 33 -LRB101 04277 SMS 59275 a

1effective not earlier than January 1, 1991. Three of such
2licenses shall authorize riverboat gambling on the Mississippi
3River, or, with approval by the municipality in which the
4riverboat was docked on August 7, 2003 and with Board approval,
5be authorized to relocate to a new location, in a municipality
6that (1) borders on the Mississippi River or is within 5 miles
7of the city limits of a municipality that borders on the
8Mississippi River and (2), on August 7, 2003, had a riverboat
9conducting riverboat gambling operations pursuant to a license
10issued under this Act; one of which shall authorize riverboat
11gambling from a home dock in the city of East St. Louis. One
12other license shall authorize riverboat gambling on the
13Illinois River south of Marshall County. The Board shall issue
14one additional license to become effective not earlier than
15March 1, 1992, which shall authorize riverboat gambling on the
16Des Plaines River in Will County. The Board may issue 4
17additional licenses to become effective not earlier than March
181, 1992. In determining the water upon which riverboats will
19operate, the Board shall consider the economic benefit which
20riverboat gambling confers on the State, and shall seek to
21assure that all regions of the State share in the economic
22benefits of riverboat gambling.
23    In granting all licenses, the Board may give favorable
24consideration to economically depressed areas of the State, to
25applicants presenting plans which provide for significant
26economic development over a large geographic area, and to

 

 

10100SB0516sam001- 34 -LRB101 04277 SMS 59275 a

1applicants who currently operate non-gambling riverboats in
2Illinois. The Board shall review all applications for owners
3licenses, and shall inform each applicant of the Board's
4decision. The Board may grant an owners license to an applicant
5that has not submitted the highest license bid, but if it does
6not select the highest bidder, the Board shall issue a written
7decision explaining why another applicant was selected and
8identifying the factors set forth in this Section that favored
9the winning bidder. The fee for issuance or renewal of a
10license pursuant to this subsection (e) shall be $100,000.
11    In addition to any other revocation powers granted to the
12Board under this Act, the Board may revoke the owners license
13of a licensee which fails to begin conducting gambling within
1415 months of receipt of the Board's approval of the application
15if the Board determines that license revocation is in the best
16interests of the State.
17    (f) The first 10 owners licenses issued under this Act
18shall permit the holder to own up to 2 riverboats and equipment
19thereon for a period of 3 years after the effective date of the
20license. Holders of the first 10 owners licenses must pay the
21annual license fee for each of the 3 years during which they
22are authorized to own riverboats.
23    (g) Upon the termination, expiration, or revocation of each
24of the first 10 licenses, which shall be issued for a 3 year
25period, all licenses are renewable annually upon payment of the
26fee and a determination by the Board that the licensee

 

 

10100SB0516sam001- 35 -LRB101 04277 SMS 59275 a

1continues to meet all of the requirements of this Act and the
2Board's rules. However, for licenses renewed on or after May 1,
31998, renewal shall be for a period of 4 years, unless the
4Board sets a shorter period.
5    (h) An owners license shall entitle the licensee to own up
6to 2 riverboats. A licensee shall limit the number of gambling
7participants to 1,200 for any such owners license. A licensee
8may operate both of its riverboats concurrently, provided that
9the total number of gambling participants on both riverboats
10does not exceed 1,200. Riverboats licensed to operate on the
11Mississippi River and the Illinois River south of Marshall
12County shall have an authorized capacity of at least 500
13persons. Any other riverboat licensed under this Act shall have
14an authorized capacity of at least 400 persons.
15    (i) A licensed owner is authorized to apply to the Board
16for and, if approved therefor, to receive all licenses from the
17Board necessary for the operation of a riverboat or casino,
18including a liquor license, a license to prepare and serve food
19for human consumption, and other necessary licenses. All use,
20occupation and excise taxes which apply to the sale of food and
21beverages in this State and all taxes imposed on the sale or
22use of tangible personal property apply to such sales aboard
23the riverboat or in the casino.
24    (j) The Board may issue or re-issue a license authorizing a
25riverboat to dock in a municipality or approve a relocation
26under Section 11.2 only if, prior to the issuance or

 

 

10100SB0516sam001- 36 -LRB101 04277 SMS 59275 a

1re-issuance of the license or approval, the governing body of
2the municipality in which the riverboat will dock has by a
3majority vote approved the docking of riverboats in the
4municipality. The Board may issue or re-issue a license
5authorizing a riverboat to dock in areas of a county outside
6any municipality or approve a relocation under Section 11.2
7only if, prior to the issuance or re-issuance of the license or
8approval, the governing body of the county has by a majority
9vote approved of the docking of riverboats within such areas.
10    (k) An owners licensee may conduct land-based gambling
11operations upon approval by the Board.
12    (l) An owners licensee may conduct gaming at a temporary
13facility pending the construction of a permanent facility or
14the remodeling or relocation of an existing facility to
15accommodate gaming participants for up to 24 months after the
16temporary facility begins to conduct gaming. Upon request by an
17owners licensee and upon a showing of good cause by the owners
18licensee, the Board shall extend the period during which the
19licensee may conduct gaming at a temporary facility by up to 12
20months. The Board shall make rules concerning the conduct of
21gaming from temporary facilities.
22(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18.)
 
23    (230 ILCS 10/7.3)
24    Sec. 7.3. State conduct of gambling operations.
25    (a) If, after reviewing each application for a re-issued

 

 

10100SB0516sam001- 37 -LRB101 04277 SMS 59275 a

1license, the Board determines that the highest prospective
2total revenue to the State would be derived from State conduct
3of the gambling operation in lieu of re-issuing the license,
4the Board shall inform each applicant of its decision. The
5Board shall thereafter have the authority, without obtaining an
6owners license, to conduct casino or riverboat gambling
7operations as previously authorized by the terminated,
8expired, revoked, or nonrenewed license through a licensed
9manager selected pursuant to an open and competitive bidding
10process as set forth in Section 7.5 and as provided in Section
117.4.
12    (b) The Board may locate any casino or riverboat on which a
13gambling operation is conducted by the State in any home dock
14or other location authorized by Section 3(c) upon receipt of
15approval from a majority vote of the governing body of the
16municipality or county, as the case may be, in which the
17riverboat will dock.
18    (c) The Board shall have jurisdiction over and shall
19supervise all gambling operations conducted by the State
20provided for in this Act and shall have all powers necessary
21and proper to fully and effectively execute the provisions of
22this Act relating to gambling operations conducted by the
23State.
24    (d) The maximum number of owners licenses authorized under
25Section 7 7(e) shall be reduced by one for each instance in
26which the Board authorizes the State to conduct a casino or

 

 

10100SB0516sam001- 38 -LRB101 04277 SMS 59275 a

1riverboat gambling operation under subsection (a) in lieu of
2re-issuing a license to an applicant under Section 7.1.
3(Source: P.A. 93-28, eff. 6-20-03.)
 
4    (230 ILCS 10/8)  (from Ch. 120, par. 2408)
5    Sec. 8. Suppliers licenses.
6    (a) The Board may issue a suppliers license to such
7persons, firms or corporations which apply therefor upon the
8payment of a non-refundable application fee set by the Board,
9upon a determination by the Board that the applicant is
10eligible for a suppliers license and upon payment of a $5,000
11annual license fee.
12    (b) The holder of a suppliers license is authorized to sell
13or lease, and to contract to sell or lease, gambling equipment
14and supplies to any licensee involved in the ownership or
15management of gambling operations.
16    (c) Gambling supplies and equipment may not be distributed
17unless supplies and equipment conform to standards adopted by
18rules of the Board.
19    (d) A person, firm or corporation is ineligible to receive
20a suppliers license if:
21        (1) the person has been convicted of a felony under the
22    laws of this State, any other state, or the United States;
23        (2) the person has been convicted of any violation of
24    Article 28 of the Criminal Code of 1961 or the Criminal
25    Code of 2012, or substantially similar laws of any other

 

 

10100SB0516sam001- 39 -LRB101 04277 SMS 59275 a

1    jurisdiction;
2        (3) the person has submitted an application for a
3    license under this Act which contains false information;
4        (4) the person is a member of the Board;
5        (5) the entity firm or corporation is one in which a
6    person defined in (1), (2), (3) or (4), is an officer,
7    director or managerial employee;
8        (6) the firm or corporation employs a person who
9    participates in the management or operation of riverboat
10    gambling authorized under this Act;
11        (7) the license of the person, firm or corporation
12    issued under this Act, or a license to own or operate
13    gambling facilities in any other jurisdiction, has been
14    revoked.
15    (e) Any person that supplies any equipment, devices, or
16supplies to a licensed riverboat gambling operation must first
17obtain a suppliers license. A supplier shall furnish to the
18Board a list of all equipment, devices and supplies offered for
19sale or lease in connection with gambling games authorized
20under this Act. A supplier shall keep books and records for the
21furnishing of equipment, devices and supplies to gambling
22operations separate and distinct from any other business that
23the supplier might operate. A supplier shall file a quarterly
24return with the Board listing all sales and leases. A supplier
25shall permanently affix its name or a distinctive logo or other
26mark or design element identifying the manufacturer or supplier

 

 

10100SB0516sam001- 40 -LRB101 04277 SMS 59275 a

1to all its equipment, devices, and supplies, except gaming
2chips without a value impressed, engraved, or imprinted on it,
3for gambling operations. The Board may waive this requirement
4for any specific product or products if it determines that the
5requirement is not necessary to protect the integrity of the
6game. Items purchased from a licensed supplier may continue to
7be used even though the supplier subsequently changes its name,
8distinctive logo, or other mark or design element; undergoes a
9change in ownership; or ceases to be licensed as a supplier for
10any reason. Any supplier's equipment, devices or supplies which
11are used by any person in an unauthorized gambling operation
12shall be forfeited to the State. A licensed owner may own its
13own equipment, devices and supplies. Each holder of an owners
14license under the Act shall file an annual report listing its
15inventories of gambling equipment, devices and supplies.
16    (f) Any person who knowingly makes a false statement on an
17application is guilty of a Class A misdemeanor.
18    (g) Any gambling equipment, devices and supplies provided
19by any licensed supplier may either be repaired on the
20riverboat or in the casino or removed from the riverboat or
21casino to a an on-shore facility owned by the holder of an
22owners license for repair.
23(Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13;
2498-756, eff. 7-16-14.)
 
25    (230 ILCS 10/9)  (from Ch. 120, par. 2409)

 

 

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1    Sec. 9. Occupational licenses.
2    (a) The Board may issue an occupational license to an
3applicant upon the payment of a non-refundable fee set by the
4Board, upon a determination by the Board that the applicant is
5eligible for an occupational license and upon payment of an
6annual license fee in an amount to be established. To be
7eligible for an occupational license, an applicant must:
8        (1) be at least 21 years of age if the applicant will
9    perform any function involved in gaming by patrons. Any
10    applicant seeking an occupational license for a non-gaming
11    function shall be at least 18 years of age;
12        (2) not have been convicted of a felony offense, a
13    violation of Article 28 of the Criminal Code of 1961 or the
14    Criminal Code of 2012, or a similar statute of any other
15    jurisdiction;
16        (2.5) not have been convicted of a crime, other than a
17    crime described in item (2) of this subsection (a),
18    involving dishonesty or moral turpitude, except that the
19    Board may, in its discretion, issue an occupational license
20    to a person who has been convicted of a crime described in
21    this item (2.5) more than 10 years prior to his or her
22    application and has not subsequently been convicted of any
23    other crime;
24        (3) have demonstrated a level of skill or knowledge
25    which the Board determines to be necessary in order to
26    operate gambling aboard a riverboat or in a casino; and

 

 

10100SB0516sam001- 42 -LRB101 04277 SMS 59275 a

1        (4) have met standards for the holding of an
2    occupational license as adopted by rules of the Board. Such
3    rules shall provide that any person or entity seeking an
4    occupational license to manage gambling operations
5    hereunder shall be subject to background inquiries and
6    further requirements similar to those required of
7    applicants for an owners license. Furthermore, such rules
8    shall provide that each such entity shall be permitted to
9    manage gambling operations for only one licensed owner.
10    (b) Each application for an occupational license shall be
11on forms prescribed by the Board and shall contain all
12information required by the Board. The applicant shall set
13forth in the application: whether he has been issued prior
14gambling related licenses; whether he has been licensed in any
15other state under any other name, and, if so, such name and his
16age; and whether or not a permit or license issued to him in
17any other state has been suspended, restricted or revoked, and,
18if so, for what period of time.
19    (c) Each applicant shall submit with his application, on
20forms provided by the Board, 2 sets of his fingerprints. The
21Board shall charge each applicant a fee set by the Department
22of State Police to defray the costs associated with the search
23and classification of fingerprints obtained by the Board with
24respect to the applicant's application. These fees shall be
25paid into the State Police Services Fund.
26    (d) The Board may in its discretion refuse an occupational

 

 

10100SB0516sam001- 43 -LRB101 04277 SMS 59275 a

1license to any person: (1) who is unqualified to perform the
2duties required of such applicant; (2) who fails to disclose or
3states falsely any information called for in the application;
4(3) who has been found guilty of a violation of this Act or
5whose prior gambling related license or application therefor
6has been suspended, restricted, revoked or denied for just
7cause in any other state; or (4) for any other just cause.
8    (e) The Board may suspend, revoke or restrict any
9occupational licensee: (1) for violation of any provision of
10this Act; (2) for violation of any of the rules and regulations
11of the Board; (3) for any cause which, if known to the Board,
12would have disqualified the applicant from receiving such
13license; or (4) for default in the payment of any obligation or
14debt due to the State of Illinois; or (5) for any other just
15cause.
16    (f) A person who knowingly makes a false statement on an
17application is guilty of a Class A misdemeanor.
18    (g) Any license issued pursuant to this Section shall be
19valid for a period of one year from the date of issuance.
20    (h) Nothing in this Act shall be interpreted to prohibit a
21licensed owner from entering into an agreement with a public
22community college or a school approved under the Private
23Business and Vocational Schools Act of 2012 for the training of
24any occupational licensee. Any training offered by such a
25school shall be in accordance with a written agreement between
26the licensed owner and the school.

 

 

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1    (i) Any training provided for occupational licensees may be
2conducted either at the site of the gambling facility on the
3riverboat or at a school with which a licensed owner has
4entered into an agreement pursuant to subsection (h).
5(Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12;
697-1150, eff. 1-25-13.)
 
7    (230 ILCS 10/11)  (from Ch. 120, par. 2411)
8    Sec. 11. Conduct of gambling. Gambling may be conducted by
9licensed owners or licensed managers on behalf of the State
10aboard riverboats or at casinos, subject to the following
11standards:
12        (1) A licensee may conduct riverboat gambling
13    authorized under this Act regardless of whether it conducts
14    excursion cruises. A licensee may permit the continuous
15    ingress and egress of patrons passengers on a riverboat not
16    used for excursion cruises for the purpose of gambling.
17    Excursion cruises shall not exceed 4 hours for a round
18    trip. However, the Board may grant express approval for an
19    extended cruise on a case-by-case basis.
20        (2) (Blank).
21        (3) Minimum and maximum wagers on games shall be set by
22    the licensee.
23        (4) Agents of the Board and the Department of State
24    Police may board and inspect any riverboat or enter and
25    inspect any portion of a casino at any time for the purpose

 

 

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1    of determining whether this Act is being complied with.
2    Every riverboat, if under way and being hailed by a law
3    enforcement officer or agent of the Board, must stop
4    immediately and lay to.
5        (5) Employees of the Board shall have the right to be
6    present on the riverboat or in the casino or on adjacent
7    facilities under the control of the licensee.
8        (6) Gambling equipment and supplies customarily used
9    in conducting riverboat gambling must be purchased or
10    leased only from suppliers licensed for such purpose under
11    this Act. The Board may approve the transfer, sale, or
12    lease of gambling equipment and supplies by a licensed
13    owner from or to an affiliate of the licensed owner as long
14    as the gambling equipment and supplies were initially
15    acquired from a supplier licensed in Illinois.
16        (7) Persons licensed under this Act shall permit no
17    form of wagering on gambling games except as permitted by
18    this Act.
19        (8) Wagers may be received only from a person present
20    on a licensed riverboat or in a casino. No person present
21    on a licensed riverboat or in a casino shall place or
22    attempt to place a wager on behalf of another person who is
23    not present on the riverboat or in a casino.
24        (9) Wagering shall not be conducted with money or other
25    negotiable currency.
26        (10) A person under age 21 shall not be permitted on an

 

 

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1    area of a riverboat or casino where gambling is being
2    conducted, except for a person at least 18 years of age who
3    is an employee of the riverboat or casino gambling
4    operation. No employee under age 21 shall perform any
5    function involved in gambling by the patrons. No person
6    under age 21 shall be permitted to make a wager under this
7    Act, and any winnings that are a result of a wager by a
8    person under age 21, whether or not paid by a licensee,
9    shall be treated as winnings for the privilege tax
10    purposes, confiscated, and forfeited to the State and
11    deposited into the Education Assistance Fund.
12        (11) Gambling excursion cruises are permitted only
13    when the waterway for which the riverboat is licensed is
14    navigable, as determined by the Board in consultation with
15    the U.S. Army Corps of Engineers. This paragraph (11) does
16    not limit the ability of a licensee to conduct gambling
17    authorized under this Act when gambling excursion cruises
18    are not permitted.
19        (12) All tokens, chips or electronic cards used to make
20    wagers must be purchased (i) from a licensed owner or
21    manager, in the case of a riverboat, either aboard a
22    riverboat or at an onshore facility which has been approved
23    by the Board and which is located where the riverboat docks
24    or (ii) in the case of a casino, from a licensed owner at
25    the casino. The tokens, chips or electronic cards may be
26    purchased by means of an agreement under which the owner or

 

 

10100SB0516sam001- 47 -LRB101 04277 SMS 59275 a

1    manager extends credit to the patron. Such tokens, chips or
2    electronic cards may be used while aboard the riverboat or
3    in the casino only for the purpose of making wagers on
4    gambling games.
5        (13) Notwithstanding any other Section of this Act, in
6    addition to the other licenses authorized under this Act,
7    the Board may issue special event licenses allowing persons
8    who are not otherwise licensed to conduct riverboat
9    gambling to conduct such gambling on a specified date or
10    series of dates. Riverboat gambling under such a license
11    may take place on a riverboat not normally used for
12    riverboat gambling. The Board shall establish standards,
13    fees and fines for, and limitations upon, such licenses,
14    which may differ from the standards, fees, fines and
15    limitations otherwise applicable under this Act. All such
16    fees shall be deposited into the State Gaming Fund. All
17    such fines shall be deposited into the Education Assistance
18    Fund, created by Public Act 86-0018, of the State of
19    Illinois.
20        (14) In addition to the above, gambling must be
21    conducted in accordance with all rules adopted by the
22    Board.
23(Source: P.A. 96-1392, eff. 1-1-11.)
 
24    (230 ILCS 10/11.1)  (from Ch. 120, par. 2411.1)
25    Sec. 11.1. Collection of amounts owing under credit

 

 

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1agreements. Notwithstanding any applicable statutory provision
2to the contrary, a licensed owner or manager who extends credit
3to a riverboat gambling patron pursuant to paragraph (12) of
4Section 11 Section 11 (a) (12) of this Act is expressly
5authorized to institute a cause of action to collect any
6amounts due and owing under the extension of credit, as well as
7the owner's or manager's costs, expenses and reasonable
8attorney's fees incurred in collection.
9(Source: P.A. 93-28, eff. 6-20-03.)
 
10    (230 ILCS 10/12)  (from Ch. 120, par. 2412)
11    Sec. 12. Admission tax; fees.
12    (a) A tax is hereby imposed upon admissions to riverboat
13and casino gambling facilities riverboats operated by licensed
14owners authorized pursuant to this Act. Until July 1, 2002, the
15rate is $2 per person admitted. From July 1, 2002 until July 1,
162003, the rate is $3 per person admitted. From July 1, 2003
17until August 23, 2005 (the effective date of Public Act
1894-673), for a licensee that admitted 1,000,000 persons or
19fewer in the previous calendar year, the rate is $3 per person
20admitted; for a licensee that admitted more than 1,000,000 but
21no more than 2,300,000 persons in the previous calendar year,
22the rate is $4 per person admitted; and for a licensee that
23admitted more than 2,300,000 persons in the previous calendar
24year, the rate is $5 per person admitted. Beginning on August
2523, 2005 (the effective date of Public Act 94-673), for a

 

 

10100SB0516sam001- 49 -LRB101 04277 SMS 59275 a

1licensee that admitted 1,000,000 persons or fewer in calendar
2year 2004, the rate is $2 per person admitted, and for all
3other licensees, including licensees that were not conducting
4gambling operations in 2004, the rate is $3 per person
5admitted. This admission tax is imposed upon the licensed owner
6conducting gambling.
7        (1) The admission tax shall be paid for each admission,
8    except that a person who exits a riverboat gambling
9    facility and reenters that riverboat gambling facility
10    within the same gaming day shall be subject only to the
11    initial admission tax.
12        (2) (Blank).
13        (3) The riverboat licensee may issue tax-free passes to
14    actual and necessary officials and employees of the
15    licensee or other persons actually working on the
16    riverboat.
17        (4) The number and issuance of tax-free passes is
18    subject to the rules of the Board, and a list of all
19    persons to whom the tax-free passes are issued shall be
20    filed with the Board.
21    (a-5) A fee is hereby imposed upon admissions operated by
22licensed managers on behalf of the State pursuant to Section
237.3 at the rates provided in this subsection (a-5). For a
24licensee that admitted 1,000,000 persons or fewer in the
25previous calendar year, the rate is $3 per person admitted; for
26a licensee that admitted more than 1,000,000 but no more than

 

 

10100SB0516sam001- 50 -LRB101 04277 SMS 59275 a

12,300,000 persons in the previous calendar year, the rate is $4
2per person admitted; and for a licensee that admitted more than
32,300,000 persons in the previous calendar year, the rate is $5
4per person admitted.
5        (1) The admission fee shall be paid for each admission.
6        (2) (Blank).
7        (3) The licensed manager may issue fee-free passes to
8    actual and necessary officials and employees of the manager
9    or other persons actually working on the riverboat.
10        (4) The number and issuance of fee-free passes is
11    subject to the rules of the Board, and a list of all
12    persons to whom the fee-free passes are issued shall be
13    filed with the Board.
14    (b) From the tax imposed under subsection (a) and the fee
15imposed under subsection (a-5), a municipality shall receive
16from the State $1 for each person embarking on a riverboat
17docked within the municipality or entering a casino located
18within the municipality, and a county shall receive $1 for each
19person entering a casino or embarking on a riverboat docked
20within the county but outside the boundaries of any
21municipality. The municipality's or county's share shall be
22collected by the Board on behalf of the State and remitted
23quarterly by the State, subject to appropriation, to the
24treasurer of the unit of local government for deposit in the
25general fund.
26    (c) The licensed owner shall pay the entire admission tax

 

 

10100SB0516sam001- 51 -LRB101 04277 SMS 59275 a

1to the Board and the licensed manager shall pay the entire
2admission fee to the Board. Such payments shall be made daily.
3Accompanying each payment shall be a return on forms provided
4by the Board which shall include other information regarding
5admissions as the Board may require. Failure to submit either
6the payment or the return within the specified time may result
7in suspension or revocation of the owners or managers license.
8    (d) The Board shall administer and collect the admission
9tax imposed by this Section, to the extent practicable, in a
10manner consistent with the provisions of Sections 4, 5, 5a, 5b,
115c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
12Retailers' Occupation Tax Act and Section 3-7 of the Uniform
13Penalty and Interest Act.
14(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
 
15    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
16    Sec. 13. Wagering tax; rate; distribution.
17    (a) Until January 1, 1998, a tax is imposed on the adjusted
18gross receipts received from gambling games authorized under
19this Act at the rate of 20%.
20    (a-1) From January 1, 1998 until July 1, 2002, a privilege
21tax is imposed on persons engaged in the business of conducting
22riverboat gambling operations, based on the adjusted gross
23receipts received by a licensed owner from gambling games
24authorized under this Act at the following rates:
25        15% of annual adjusted gross receipts up to and

 

 

10100SB0516sam001- 52 -LRB101 04277 SMS 59275 a

1    including $25,000,000;
2        20% of annual adjusted gross receipts in excess of
3    $25,000,000 but not exceeding $50,000,000;
4        25% of annual adjusted gross receipts in excess of
5    $50,000,000 but not exceeding $75,000,000;
6        30% of annual adjusted gross receipts in excess of
7    $75,000,000 but not exceeding $100,000,000;
8        35% of annual adjusted gross receipts in excess of
9    $100,000,000.
10    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
11is imposed on persons engaged in the business of conducting
12riverboat gambling operations, other than licensed managers
13conducting riverboat gambling operations on behalf of the
14State, based on the adjusted gross receipts received by a
15licensed owner from gambling games authorized under this Act at
16the following rates:
17        15% of annual adjusted gross receipts up to and
18    including $25,000,000;
19        22.5% of annual adjusted gross receipts in excess of
20    $25,000,000 but not exceeding $50,000,000;
21        27.5% of annual adjusted gross receipts in excess of
22    $50,000,000 but not exceeding $75,000,000;
23        32.5% of annual adjusted gross receipts in excess of
24    $75,000,000 but not exceeding $100,000,000;
25        37.5% of annual adjusted gross receipts in excess of
26    $100,000,000 but not exceeding $150,000,000;

 

 

10100SB0516sam001- 53 -LRB101 04277 SMS 59275 a

1        45% of annual adjusted gross receipts in excess of
2    $150,000,000 but not exceeding $200,000,000;
3        50% of annual adjusted gross receipts in excess of
4    $200,000,000.
5    (a-3) Beginning July 1, 2003, a privilege tax is imposed on
6persons engaged in the business of conducting riverboat
7gambling operations, other than licensed managers conducting
8riverboat gambling operations on behalf of the State, based on
9the adjusted gross receipts received by a licensed owner from
10gambling games authorized under this Act at the following
11rates:
12        15% of annual adjusted gross receipts up to and
13    including $25,000,000;
14        27.5% of annual adjusted gross receipts in excess of
15    $25,000,000 but not exceeding $37,500,000;
16        32.5% of annual adjusted gross receipts in excess of
17    $37,500,000 but not exceeding $50,000,000;
18        37.5% of annual adjusted gross receipts in excess of
19    $50,000,000 but not exceeding $75,000,000;
20        45% of annual adjusted gross receipts in excess of
21    $75,000,000 but not exceeding $100,000,000;
22        50% of annual adjusted gross receipts in excess of
23    $100,000,000 but not exceeding $250,000,000;
24        70% of annual adjusted gross receipts in excess of
25    $250,000,000.
26    An amount equal to the amount of wagering taxes collected

 

 

10100SB0516sam001- 54 -LRB101 04277 SMS 59275 a

1under this subsection (a-3) that are in addition to the amount
2of wagering taxes that would have been collected if the
3wagering tax rates under subsection (a-2) were in effect shall
4be paid into the Common School Fund.
5    The privilege tax imposed under this subsection (a-3) shall
6no longer be imposed beginning on the earlier of (i) July 1,
72005; (ii) the first date after June 20, 2003 that riverboat
8gambling operations are conducted pursuant to a dormant
9license; or (iii) the first day that riverboat gambling
10operations are conducted under the authority of an owners
11license that is in addition to the 10 owners licenses initially
12authorized under this Act. For the purposes of this subsection
13(a-3), the term "dormant license" means an owners license that
14is authorized by this Act under which no riverboat gambling
15operations are being conducted on June 20, 2003.
16    (a-4) Beginning on the first day on which the tax imposed
17under subsection (a-3) is no longer imposed, a privilege tax is
18imposed on persons engaged in the business of conducting
19riverboat gambling operations, other than licensed managers
20conducting riverboat gambling operations on behalf of the
21State, based on the adjusted gross receipts received by a
22licensed owner from gambling games authorized under this Act at
23the following rates:
24        15% of annual adjusted gross receipts up to and
25    including $25,000,000;
26        22.5% of annual adjusted gross receipts in excess of

 

 

10100SB0516sam001- 55 -LRB101 04277 SMS 59275 a

1    $25,000,000 but not exceeding $50,000,000;
2        27.5% of annual adjusted gross receipts in excess of
3    $50,000,000 but not exceeding $75,000,000;
4        32.5% of annual adjusted gross receipts in excess of
5    $75,000,000 but not exceeding $100,000,000;
6        37.5% of annual adjusted gross receipts in excess of
7    $100,000,000 but not exceeding $150,000,000;
8        45% of annual adjusted gross receipts in excess of
9    $150,000,000 but not exceeding $200,000,000;
10        50% of annual adjusted gross receipts in excess of
11    $200,000,000.
12    (a-8) Riverboat gambling operations conducted by a
13licensed manager on behalf of the State are not subject to the
14tax imposed under this Section.
15    (a-10) The taxes imposed by this Section shall be paid by
16the licensed owner to the Board not later than 5:00 o'clock
17p.m. of the day after the day when the wagers were made.
18    (a-15) If the privilege tax imposed under subsection (a-3)
19is no longer imposed pursuant to item (i) of the last paragraph
20of subsection (a-3), then by June 15 of each year, each owners
21licensee, other than an owners licensee that admitted 1,000,000
22persons or fewer in calendar year 2004, must, in addition to
23the payment of all amounts otherwise due under this Section,
24pay to the Board a reconciliation payment in the amount, if
25any, by which the licensed owner's base amount exceeds the
26amount of net privilege tax paid by the licensed owner to the

 

 

10100SB0516sam001- 56 -LRB101 04277 SMS 59275 a

1Board in the then current State fiscal year. A licensed owner's
2net privilege tax obligation due for the balance of the State
3fiscal year shall be reduced up to the total of the amount paid
4by the licensed owner in its June 15 reconciliation payment.
5The obligation imposed by this subsection (a-15) is binding on
6any person, firm, corporation, or other entity that acquires an
7ownership interest in any such owners license. The obligation
8imposed under this subsection (a-15) terminates on the earliest
9of: (i) July 1, 2007, (ii) the first day after the effective
10date of this amendatory Act of the 94th General Assembly that
11riverboat gambling operations are conducted pursuant to a
12dormant license, (iii) the first day that riverboat gambling
13operations are conducted under the authority of an owners
14license that is in addition to the 10 owners licenses initially
15authorized under this Act, or (iv) the first day that a
16licensee under the Illinois Horse Racing Act of 1975 conducts
17gaming operations with slot machines or other electronic gaming
18devices. The Board must reduce the obligation imposed under
19this subsection (a-15) by an amount the Board deems reasonable
20for any of the following reasons: (A) an act or acts of God,
21(B) an act of bioterrorism or terrorism or a bioterrorism or
22terrorism threat that was investigated by a law enforcement
23agency, or (C) a condition beyond the control of the owners
24licensee that does not result from any act or omission by the
25owners licensee or any of its agents and that poses a hazardous
26threat to the health and safety of patrons. If an owners

 

 

10100SB0516sam001- 57 -LRB101 04277 SMS 59275 a

1licensee pays an amount in excess of its liability under this
2Section, the Board shall apply the overpayment to future
3payments required under this Section.
4    For purposes of this subsection (a-15):
5    "Act of God" means an incident caused by the operation of
6an extraordinary force that cannot be foreseen, that cannot be
7avoided by the exercise of due care, and for which no person
8can be held liable.
9    "Base amount" means the following:
10        For a riverboat in Alton, $31,000,000.
11        For a riverboat in East Peoria, $43,000,000.
12        For the Empress riverboat in Joliet, $86,000,000.
13        For a riverboat in Metropolis, $45,000,000.
14        For the Harrah's riverboat in Joliet, $114,000,000.
15        For a riverboat in Aurora, $86,000,000.
16        For a riverboat in East St. Louis, $48,500,000.
17        For a riverboat in Elgin, $198,000,000.
18    "Dormant license" has the meaning ascribed to it in
19subsection (a-3).
20    "Net privilege tax" means all privilege taxes paid by a
21licensed owner to the Board under this Section, less all
22payments made from the State Gaming Fund pursuant to subsection
23(b) of this Section.
24    The changes made to this subsection (a-15) by Public Act
2594-839 are intended to restate and clarify the intent of Public
26Act 94-673 with respect to the amount of the payments required

 

 

10100SB0516sam001- 58 -LRB101 04277 SMS 59275 a

1to be made under this subsection by an owners licensee to the
2Board.
3    (b) Until January 1, 1998, 25% of the tax revenue deposited
4in the State Gaming Fund under this Section shall be paid,
5subject to appropriation by the General Assembly, to the unit
6of local government which is designated as the home dock of the
7riverboat. Beginning January 1, 1998, from the tax revenue from
8riverboat or casino gambling deposited in the State Gaming Fund
9under this Section, an amount equal to 5% of adjusted gross
10receipts generated by a riverboat or a casino shall be paid
11monthly, subject to appropriation by the General Assembly, to
12the unit of local government in which the casino is located or
13that is designated as the home dock of the riverboat. From the
14tax revenue deposited in the State Gaming Fund pursuant to
15riverboat or casino gambling operations conducted by a licensed
16manager on behalf of the State, an amount equal to 5% of
17adjusted gross receipts generated pursuant to those riverboat
18or casino gambling operations shall be paid monthly, subject to
19appropriation by the General Assembly, to the unit of local
20government that is designated as the home dock of the riverboat
21upon which those riverboat gambling operations are conducted or
22in which the casino is located.
23    (c) Appropriations, as approved by the General Assembly,
24may be made from the State Gaming Fund to the Board (i) for the
25administration and enforcement of this Act and the Video Gaming
26Act, (ii) for distribution to the Department of State Police

 

 

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1and to the Department of Revenue for the enforcement of this
2Act, and (iii) to the Department of Human Services for the
3administration of programs to treat problem gambling.
4    (c-5) Before May 26, 2006 (the effective date of Public Act
594-804) and beginning on the effective date of this amendatory
6Act of the 95th General Assembly, unless any organization
7licensee under the Illinois Horse Racing Act of 1975 begins to
8operate a slot machine or video game of chance under the
9Illinois Horse Racing Act of 1975 or this Act, after the
10payments required under subsections (b) and (c) have been made,
11an amount equal to 15% of the adjusted gross receipts of (1) an
12owners licensee that relocates pursuant to Section 11.2, (2) an
13owners licensee conducting riverboat gambling operations
14pursuant to an owners license that is initially issued after
15June 25, 1999, or (3) the first riverboat gambling operations
16conducted by a licensed manager on behalf of the State under
17Section 7.3, whichever comes first, shall be paid from the
18State Gaming Fund into the Horse Racing Equity Fund.
19    (c-10) Each year the General Assembly shall appropriate
20from the General Revenue Fund to the Education Assistance Fund
21an amount equal to the amount paid into the Horse Racing Equity
22Fund pursuant to subsection (c-5) in the prior calendar year.
23    (c-15) After the payments required under subsections (b),
24(c), and (c-5) have been made, an amount equal to 2% of the
25adjusted gross receipts of (1) an owners licensee that
26relocates pursuant to Section 11.2, (2) an owners licensee

 

 

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1conducting riverboat gambling operations pursuant to an owners
2license that is initially issued after June 25, 1999, or (3)
3the first riverboat gambling operations conducted by a licensed
4manager on behalf of the State under Section 7.3, whichever
5comes first, shall be paid, subject to appropriation from the
6General Assembly, from the State Gaming Fund to each home rule
7county with a population of over 3,000,000 inhabitants for the
8purpose of enhancing the county's criminal justice system.
9    (c-20) Each year the General Assembly shall appropriate
10from the General Revenue Fund to the Education Assistance Fund
11an amount equal to the amount paid to each home rule county
12with a population of over 3,000,000 inhabitants pursuant to
13subsection (c-15) in the prior calendar year.
14    (c-25) On July 1, 2013 and each July 1 thereafter,
15$1,600,000 shall be transferred from the State Gaming Fund to
16the Chicago State University Education Improvement Fund.
17    (c-30) On July 1, 2013 or as soon as possible thereafter,
18$92,000,000 shall be transferred from the State Gaming Fund to
19the School Infrastructure Fund and $23,000,000 shall be
20transferred from the State Gaming Fund to the Horse Racing
21Equity Fund.
22    (c-35) Beginning on July 1, 2013, in addition to any amount
23transferred under subsection (c-30) of this Section,
24$5,530,000 shall be transferred monthly from the State Gaming
25Fund to the School Infrastructure Fund.
26    (d) From time to time, the Board shall transfer the

 

 

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1remainder of the funds generated by this Act into the Education
2Assistance Fund, created by Public Act 86-0018, of the State of
3Illinois.
4    (e) Nothing in this Act shall prohibit the unit of local
5government designated as the home dock of the riverboat from
6entering into agreements with other units of local government
7in this State or in other states to share its portion of the
8tax revenue.
9    (f) To the extent practicable, the Board shall administer
10and collect the wagering taxes imposed by this Section in a
11manner consistent with the provisions of Sections 4, 5, 5a, 5b,
125c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
13Retailers' Occupation Tax Act and Section 3-7 of the Uniform
14Penalty and Interest Act.
15(Source: P.A. 98-18, eff. 6-7-13.)
 
16    (230 ILCS 10/18)  (from Ch. 120, par. 2418)
17    Sec. 18. Prohibited Activities - Penalty.
18    (a) A person is guilty of a Class A misdemeanor for doing
19any of the following:
20        (1) Conducting gambling where wagering is used or to be
21    used without a license issued by the Board.
22        (2) Conducting gambling where wagering is permitted
23    other than in the manner specified by Section 11.
24    (b) A person is guilty of a Class B misdemeanor for doing
25any of the following:

 

 

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1        (1) permitting a person under 21 years to make a wager;
2    or
3        (2) violating paragraph (12) of subsection (a) of
4    Section 11 of this Act.
5    (c) A person wagering or accepting a wager at any location
6outside the riverboat or casino is subject to the penalties in
7paragraphs (1) or (2) of subsection (a) of Section 28-1 of the
8Criminal Code of 2012.
9    (d) A person commits a Class 4 felony and, in addition,
10shall be barred for life from gambling operations riverboats
11under the jurisdiction of the Board, if the person does any of
12the following:
13        (1) Offers, promises, or gives anything of value or
14    benefit to a person who is connected with a riverboat or
15    casino owner including, but not limited to, an officer or
16    employee of a licensed owner or holder of an occupational
17    license pursuant to an agreement or arrangement or with the
18    intent that the promise or thing of value or benefit will
19    influence the actions of the person to whom the offer,
20    promise, or gift was made in order to affect or attempt to
21    affect the outcome of a gambling game, or to influence
22    official action of a member of the Board.
23        (2) Solicits or knowingly accepts or receives a promise
24    of anything of value or benefit while the person is
25    connected with a riverboat or casino including, but not
26    limited to, an officer or employee of a licensed owner, or

 

 

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1    holder of an occupational license, pursuant to an
2    understanding or arrangement or with the intent that the
3    promise or thing of value or benefit will influence the
4    actions of the person to affect or attempt to affect the
5    outcome of a gambling game, or to influence official action
6    of a member of the Board.
7        (3) Uses or possesses with the intent to use a device
8    to assist:
9            (i) In projecting the outcome of the game.
10            (ii) In keeping track of the cards played.
11            (iii) In analyzing the probability of the
12        occurrence of an event relating to the gambling game.
13            (iv) In analyzing the strategy for playing or
14        betting to be used in the game except as permitted by
15        the Board.
16        (4) Cheats at a gambling game.
17        (5) Manufactures, sells, or distributes any cards,
18    chips, dice, game or device which is intended to be used to
19    violate any provision of this Act.
20        (6) Alters or misrepresents the outcome of a gambling
21    game on which wagers have been made after the outcome is
22    made sure but before it is revealed to the players.
23        (7) Places a bet after acquiring knowledge, not
24    available to all players, of the outcome of the gambling
25    game which is subject of the bet or to aid a person in
26    acquiring the knowledge for the purpose of placing a bet

 

 

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1    contingent on that outcome.
2        (8) Claims, collects, or takes, or attempts to claim,
3    collect, or take, money or anything of value in or from the
4    gambling games, with intent to defraud, without having made
5    a wager contingent on winning a gambling game, or claims,
6    collects, or takes an amount of money or thing of value of
7    greater value than the amount won.
8        (9) Uses counterfeit chips or tokens in a gambling
9    game.
10        (10) Possesses any key or device designed for the
11    purpose of opening, entering, or affecting the operation of
12    a gambling game, drop box, or an electronic or mechanical
13    device connected with the gambling game or for removing
14    coins, tokens, chips or other contents of a gambling game.
15    This paragraph (10) does not apply to a gambling licensee
16    or employee of a gambling licensee acting in furtherance of
17    the employee's employment.
18    (e) The possession of more than one of the devices
19described in subsection (d), paragraphs (3), (5), or (10)
20permits a rebuttable presumption that the possessor intended to
21use the devices for cheating.
22    (f) A person under the age of 21 who, except as authorized
23under paragraph (10) of Section 11, enters upon a riverboat or
24in a casino commits a petty offense and is subject to a fine of
25not less than $100 or more than $250 for a first offense and of
26not less than $200 or more than $500 for a second or subsequent

 

 

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1offense.
2    An action to prosecute any crime occurring on a riverboat
3shall be tried in the county of the dock at which the riverboat
4is based. An action to prosecute any crime occurring in a
5casino shall be tried in the county in which the casino is
6located.
7(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
 
8    (230 ILCS 10/18.1)
9    Sec. 18.1. Distribution of certain fines. If a fine is
10imposed on an owner licensee for knowingly sending marketing or
11promotional materials to any person placed on the
12self-exclusion list, then the Board shall distribute an amount
13equal to 15% of the fine imposed to the unit of local
14government in which the casino or riverboat is located for the
15purpose of awarding grants to non-profit entities that assist
16gambling addicts.
17(Source: P.A. 96-224, eff. 8-11-09.)
 
18    (230 ILCS 10/19)  (from Ch. 120, par. 2419)
19    Sec. 19. Forfeiture of property.
20    (a) Except as provided in subsection (b), any riverboat or
21casino used for the conduct of gambling games in violation of
22this Act shall be considered a gambling place in violation of
23Section 28-3 of the Criminal Code of 2012. Every gambling
24device found on a riverboat or in a casino operating gambling

 

 

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1games in violation of this Act shall be subject to seizure,
2confiscation and destruction as provided in Section 28-5 of the
3Criminal Code of 2012.
4    (b) It is not a violation of this Act for a riverboat or
5other watercraft which is licensed for gaming by a contiguous
6state to dock on the shores of this State if the municipality
7having jurisdiction of the shores, or the county in the case of
8unincorporated areas, has granted permission for docking and no
9gaming is conducted on the riverboat or other watercraft while
10it is docked on the shores of this State. No gambling device
11shall be subject to seizure, confiscation or destruction if the
12gambling device is located on a riverboat or other watercraft
13which is licensed for gaming by a contiguous state and which is
14docked on the shores of this State if the municipality having
15jurisdiction of the shores, or the county in the case of
16unincorporated areas, has granted permission for docking and no
17gaming is conducted on the riverboat or other watercraft while
18it is docked on the shores of this State.
19(Source: P.A. 97-1150, eff. 1-25-13.)
 
20    (230 ILCS 10/20)  (from Ch. 120, par. 2420)
21    Sec. 20. Prohibited activities - civil penalties. Any
22person who conducts a gambling operation without first
23obtaining a license to do so, or who continues to conduct such
24games after revocation of his license, or any licensee who
25conducts or allows to be conducted any unauthorized gambling

 

 

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1games on a riverboat or in a casino where it is authorized to
2conduct its riverboat gambling operation, in addition to other
3penalties provided, shall be subject to a civil penalty equal
4to the amount of gross receipts derived from wagering on the
5gambling games, whether unauthorized or authorized, conducted
6on that day as well as confiscation and forfeiture of all
7gambling game equipment used in the conduct of unauthorized
8gambling games.
9(Source: P.A. 86-1029.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".