Illinois General Assembly - Full Text of SB1360
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Full Text of SB1360  102nd General Assembly

SB1360enr 102ND GENERAL ASSEMBLY



 


 
SB1360 EnrolledLRB102 11132 SMS 16464 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Gambling Act is amended by
5changing Sections 6 and 7 as follows:
 
6    (230 ILCS 10/6)  (from Ch. 120, par. 2406)
7    Sec. 6. Application for owners license.
8    (a) A qualified person may apply to the Board for an owners
9license to conduct a gambling operation as provided in this
10Act. The application shall be made on forms provided by the
11Board and shall contain such information as the Board
12prescribes, including but not limited to the identity of the
13riverboat on which such gambling operation is to be conducted,
14if applicable, and the exact location where such riverboat or
15casino will be located, a certification that the riverboat
16will be registered under this Act at all times during which
17gambling operations are conducted on board, detailed
18information regarding the ownership and management of the
19applicant, and detailed personal information regarding the
20applicant. Any application for an owners license to be
21re-issued on or after June 1, 2003 shall also include the
22applicant's license bid in a form prescribed by the Board.
23Information provided on the application shall be used as a

 

 

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1basis for a thorough background investigation which the Board
2shall conduct with respect to each applicant. An incomplete
3application shall be cause for denial of a license by the
4Board.
5    (a-5) In addition to any other information required under
6this Section, each application for an owners license must
7include the following information:
8        (1) The history and success of the applicant and each
9    person and entity disclosed under subsection (c) of this
10    Section in developing tourism facilities ancillary to
11    gaming, if applicable.
12        (2) The likelihood that granting a license to the
13    applicant will lead to the creation of quality, living
14    wage jobs and permanent, full-time jobs for residents of
15    the State and residents of the unit of local government
16    that is designated as the home dock of the proposed
17    facility where gambling is to be conducted by the
18    applicant.
19        (3) The projected number of jobs that would be created
20    if the license is granted and the projected number of new
21    employees at the proposed facility where gambling is to be
22    conducted by the applicant.
23        (4) The record, if any, of the applicant and its
24    developer in meeting commitments to local agencies,
25    community-based organizations, and employees at other
26    locations where the applicant or its developer has

 

 

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1    performed similar functions as they would perform if the
2    applicant were granted a license.
3        (5) Identification of adverse effects that might be
4    caused by the proposed facility where gambling is to be
5    conducted by the applicant, including the costs of meeting
6    increased demand for public health care, child care,
7    public transportation, affordable housing, and social
8    services, and a plan to mitigate those adverse effects.
9        (6) The record, if any, of the applicant and its
10    developer regarding compliance with:
11            (A) federal, state, and local discrimination, wage
12        and hour, disability, and occupational and
13        environmental health and safety laws; and
14            (B) state and local labor relations and employment
15        laws.
16        (7) The applicant's record, if any, in dealing with
17    its employees and their representatives at other
18    locations.
19        (8) A plan concerning the utilization of
20    minority-owned and women-owned businesses and concerning
21    the hiring of minorities and women.
22        (9) Evidence the applicant used its best efforts to
23    reach a goal of 25% ownership representation by minority
24    persons and 5% ownership representation by women.
25        (10) Evidence the applicant has entered into a fully
26    executed project labor agreement with the applicable local

 

 

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1    building trades council. For any pending application
2    before the Board on the effective date of this amendatory
3    Act of the 102nd General Assembly, the applicant shall
4    submit evidence complying with this paragraph within 30
5    days after the effective date of this amendatory Act of
6    the 102nd General Assembly. The Board shall not award any
7    pending applications until the applicant has submitted
8    this information.
9    (b) Applicants shall submit with their application all
10documents, resolutions, and letters of support from the
11governing body that represents the municipality or county
12wherein the licensee will be located.
13    (c) Each applicant shall disclose the identity of every
14person or entity having a greater than 1% direct or indirect
15pecuniary interest in the gambling operation with respect to
16which the license is sought. If the disclosed entity is a
17trust, the application shall disclose the names and addresses
18of all beneficiaries; if a corporation, the names and
19addresses of all stockholders and directors; if a partnership,
20the names and addresses of all partners, both general and
21limited.
22    (d) An application shall be filed and considered in
23accordance with the rules of the Board. Each application shall
24be accompanied by a nonrefundable application fee of $250,000.
25In addition, a nonrefundable fee of $50,000 shall be paid at
26the time of filing to defray the costs associated with the

 

 

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1background investigation conducted by the Board. If the costs
2of the investigation exceed $50,000, the applicant shall pay
3the additional amount to the Board within 7 days after
4requested by the Board. If the costs of the investigation are
5less than $50,000, the applicant shall receive a refund of the
6remaining amount. All information, records, interviews,
7reports, statements, memoranda or other data supplied to or
8used by the Board in the course of its review or investigation
9of an application for a license or a renewal under this Act
10shall be privileged, strictly confidential and shall be used
11only for the purpose of evaluating an applicant for a license
12or a renewal. Such information, records, interviews, reports,
13statements, memoranda or other data shall not be admissible as
14evidence, nor discoverable in any action of any kind in any
15court or before any tribunal, board, agency or person, except
16for any action deemed necessary by the Board. The application
17fee shall be deposited into the State Gaming Fund.
18    (e) The Board shall charge each applicant a fee set by the
19Department of State Police to defray the costs associated with
20the search and classification of fingerprints obtained by the
21Board with respect to the applicant's application. These fees
22shall be paid into the State Police Services Fund. In order to
23expedite the application process, the Board may establish
24rules allowing applicants to acquire criminal background
25checks and financial integrity reviews as part of the initial
26application process from a list of vendors approved by the

 

 

SB1360 Enrolled- 6 -LRB102 11132 SMS 16464 b

1Board.
2    (f) The licensed owner shall be the person primarily
3responsible for the boat or casino itself. Only one gambling
4operation may be authorized by the Board on any riverboat or in
5any casino. The applicant must identify the riverboat or
6premises it intends to use and certify that the riverboat or
7premises: (1) has the authorized capacity required in this
8Act; (2) is accessible to persons with disabilities; and (3)
9is fully registered and licensed in accordance with any
10applicable laws.
11    (g) A person who knowingly makes a false statement on an
12application is guilty of a Class A misdemeanor.
13(Source: P.A. 101-31, eff. 6-28-19.)
 
14    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
15    Sec. 7. Owners licenses.
16    (a) The Board shall issue owners licenses to persons or
17entities that apply for such licenses upon payment to the
18Board of the non-refundable license fee as provided in
19subsection (e) or (e-5) and upon a determination by the Board
20that the applicant is eligible for an owners license pursuant
21to this Act and the rules of the Board. From December 15, 2008
22(the effective date of Public Act 95-1008) this amendatory Act
23of the 95th General Assembly until (i) 3 years after December
2415, 2008 (the effective date of Public Act 95-1008) this
25amendatory Act of the 95th General Assembly, (ii) the date any

 

 

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1organization licensee begins to operate a slot machine or
2video game of chance under the Illinois Horse Racing Act of
31975 or this Act, (iii) the date that payments begin under
4subsection (c-5) of Section 13 of this Act, (iv) the wagering
5tax imposed under Section 13 of this Act is increased by law to
6reflect a tax rate that is at least as stringent or more
7stringent than the tax rate contained in subsection (a-3) of
8Section 13, or (v) when an owners licensee holding a license
9issued pursuant to Section 7.1 of this Act begins conducting
10gaming, whichever occurs first, as a condition of licensure
11and as an alternative source of payment for those funds
12payable under subsection (c-5) of Section 13 of this Act, any
13owners licensee that holds or receives its owners license on
14or after May 26, 2006 (the effective date of Public Act 94-804)
15this amendatory Act of the 94th General Assembly, other than
16an owners licensee operating a riverboat with adjusted gross
17receipts in calendar year 2004 of less than $200,000,000, must
18pay into the Horse Racing Equity Trust Fund, in addition to any
19other payments required under this Act, an amount equal to 3%
20of the adjusted gross receipts received by the owners
21licensee. The payments required under this Section shall be
22made by the owners licensee to the State Treasurer no later
23than 3:00 o'clock p.m. of the day after the day when the
24adjusted gross receipts were received by the owners licensee.
25A person or entity is ineligible to receive an owners license
26if:

 

 

SB1360 Enrolled- 8 -LRB102 11132 SMS 16464 b

1        (1) the person has been convicted of a felony under
2    the laws of this State, any other state, or the United
3    States;
4        (2) the person has been convicted of any violation of
5    Article 28 of the Criminal Code of 1961 or the Criminal
6    Code of 2012, or substantially similar laws of any other
7    jurisdiction;
8        (3) the person has submitted an application for a
9    license under this Act which contains false information;
10        (4) the person is a member of the Board;
11        (5) a person defined in (1), (2), (3), or (4) is an
12    officer, director, or managerial employee of the entity;
13        (6) the entity employs a person defined in (1), (2),
14    (3), or (4) who participates in the management or
15    operation of gambling operations authorized under this
16    Act;
17        (7) (blank); or
18        (8) a license of the person or entity issued under
19    this Act, or a license to own or operate gambling
20    facilities in any other jurisdiction, has been revoked.
21    The Board is expressly prohibited from making changes to
22the requirement that licensees make payment into the Horse
23Racing Equity Trust Fund without the express authority of the
24Illinois General Assembly and making any other rule to
25implement or interpret Public Act 95-1008 this amendatory Act
26of the 95th General Assembly. For the purposes of this

 

 

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1paragraph, "rules" is given the meaning given to that term in
2Section 1-70 of the Illinois Administrative Procedure Act.
3    (b) In determining whether to grant an owners license to
4an applicant, the Board shall consider:
5        (1) the character, reputation, experience, and
6    financial integrity of the applicants and of any other or
7    separate person that either:
8            (A) controls, directly or indirectly, such
9        applicant; , or
10            (B) is controlled, directly or indirectly, by such
11        applicant or by a person which controls, directly or
12        indirectly, such applicant;
13        (2) the facilities or proposed facilities for the
14    conduct of gambling;
15        (3) the highest prospective total revenue to be
16    derived by the State from the conduct of gambling;
17        (4) the extent to which the ownership of the applicant
18    reflects the diversity of the State by including minority
19    persons, women, and persons with a disability and the good
20    faith affirmative action plan of each applicant to
21    recruit, train and upgrade minority persons, women, and
22    persons with a disability in all employment
23    classifications; the Board shall further consider granting
24    an owners license and giving preference to an applicant
25    under this Section to applicants in which minority persons
26    and women hold ownership interest of at least 16% and 4%,

 

 

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

 

 

SB1360 Enrolled- 11 -LRB102 11132 SMS 16464 b

1    (c) Each owners license shall specify the place where the
2casino shall operate or the riverboat shall operate and dock.
3    (d) Each applicant shall submit with his or her
4application, on forms provided by the Board, 2 sets of his or
5her fingerprints.
6    (e) In addition to any licenses authorized under
7subsection (e-5) of this Section, the Board may issue up to 10
8licenses authorizing the holders of such licenses to own
9riverboats. In the application for an owners license, the
10applicant shall state the dock at which the riverboat is based
11and the water on which the riverboat will be located. The Board
12shall issue 5 licenses to become effective not earlier than
13January 1, 1991. Three of such licenses shall authorize
14riverboat gambling on the Mississippi River, or, with approval
15by the municipality in which the riverboat was docked on
16August 7, 2003 and with Board approval, be authorized to
17relocate to a new location, in a municipality that (1) borders
18on the Mississippi River or is within 5 miles of the city
19limits of a municipality that borders on the Mississippi River
20and (2) on August 7, 2003, had a riverboat conducting
21riverboat gambling operations pursuant to a license issued
22under this Act; one of which shall authorize riverboat
23gambling from a home dock in the city of East St. Louis; and
24one of which shall authorize riverboat gambling from a home
25dock in the City of Alton. One other license shall authorize
26riverboat gambling on the Illinois River in the City of East

 

 

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1Peoria or, with Board approval, shall authorize land-based
2gambling operations anywhere within the corporate limits of
3the City of Peoria. The Board shall issue one additional
4license to become effective not earlier than March 1, 1992,
5which shall authorize riverboat gambling on the Des Plaines
6River in Will County. The Board may issue 4 additional
7licenses to become effective not earlier than March 1, 1992.
8In determining the water upon which riverboats will operate,
9the Board shall consider the economic benefit which riverboat
10gambling confers on the State, and shall seek to assure that
11all regions of the State share in the economic benefits of
12riverboat gambling.
13    In granting all licenses, the Board may give favorable
14consideration to economically depressed areas of the State, to
15applicants presenting plans which provide for significant
16economic development over a large geographic area, and to
17applicants who currently operate non-gambling riverboats in
18Illinois. The Board shall review all applications for owners
19licenses, and shall inform each applicant of the Board's
20decision. The Board may grant an owners license to an
21applicant that has not submitted the highest license bid, but
22if it does not select the highest bidder, the Board shall issue
23a written decision explaining why another applicant was
24selected and identifying the factors set forth in this Section
25that favored the winning bidder. The fee for issuance or
26renewal of a license pursuant to this subsection (e) shall be

 

 

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1$250,000.
2    (e-5) In addition to licenses authorized under subsection
3(e) of this Section:
4        (1) the Board may issue one owners license authorizing
5    the conduct of casino gambling in the City of Chicago;
6        (2) the Board may issue one owners license authorizing
7    the conduct of riverboat gambling in the City of Danville;
8        (3) the Board may issue one owners license authorizing
9    the conduct of riverboat gambling in the City of Waukegan;
10        (4) the Board may issue one owners license authorizing
11    the conduct of riverboat gambling in the City of Rockford;
12        (5) the Board may issue one owners license authorizing
13    the conduct of riverboat gambling in a municipality that
14    is wholly or partially located in one of the following
15    townships of Cook County: Bloom, Bremen, Calumet, Rich,
16    Thornton, or Worth Township; and
17        (6) the Board may issue one owners license authorizing
18    the conduct of riverboat gambling in the unincorporated
19    area of Williamson County adjacent to the Big Muddy River.
20    Except for the license authorized under paragraph (1),
21each application for a license pursuant to this subsection
22(e-5) shall be submitted to the Board no later than 120 days
23after June 28, 2019 (the effective date of Public Act 101-31).
24All applications for a license under this subsection (e-5)
25shall include the nonrefundable application fee and the
26nonrefundable background investigation fee as provided in

 

 

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1subsection (d) of Section 6 of this Act. In the event that an
2applicant submits an application for a license pursuant to
3this subsection (e-5) prior to June 28, 2019 (the effective
4date of Public Act 101-31), such applicant shall submit the
5nonrefundable application fee and background investigation fee
6as provided in subsection (d) of Section 6 of this Act no later
7than 6 months after June 28, 2019 (the effective date of Public
8Act 101-31).
9    The Board shall consider issuing a license pursuant to
10paragraphs (1) through (6) of this subsection only after the
11corporate authority of the municipality or the county board of
12the county in which the riverboat or casino shall be located
13has certified to the Board the following:
14        (i) that the applicant has negotiated with the
15    corporate authority or county board in good faith;
16        (ii) that the applicant and the corporate authority or
17    county board have mutually agreed on the permanent
18    location of the riverboat or casino;
19        (iii) that the applicant and the corporate authority
20    or county board have mutually agreed on the temporary
21    location of the riverboat or casino;
22        (iv) that the applicant and the corporate authority or
23    the county board have mutually agreed on the percentage of
24    revenues that will be shared with the municipality or
25    county, if any;
26        (v) that the applicant and the corporate authority or

 

 

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1    county board have mutually agreed on any zoning,
2    licensing, public health, or other issues that are within
3    the jurisdiction of the municipality or county;
4        (vi) that the corporate authority or county board has
5    passed a resolution or ordinance in support of the
6    riverboat or casino in the municipality or county;
7        (vii) the applicant for a license under paragraph (1)
8    has made a public presentation concerning its casino
9    proposal; and
10        (viii) the applicant for a license under paragraph (1)
11    has prepared a summary of its casino proposal and such
12    summary has been posted on a public website of the
13    municipality or the county.
14    At least 7 days before the corporate authority of a
15municipality or county board of the county submits a
16certification to the Board concerning items (i) through (viii)
17of this subsection, it shall hold a public hearing to discuss
18items (i) through (viii), as well as any other details
19concerning the proposed riverboat or casino in the
20municipality or county. The corporate authority or county
21board must subsequently memorialize the details concerning the
22proposed riverboat or casino in a resolution that must be
23adopted by a majority of the corporate authority or county
24board before any certification is sent to the Board. The Board
25shall not alter, amend, change, or otherwise interfere with
26any agreement between the applicant and the corporate

 

 

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1authority of the municipality or county board of the county
2regarding the location of any temporary or permanent facility.
3    In addition, within 10 days after June 28, 2019 (the
4effective date of Public Act 101-31), the Board, with consent
5and at the expense of the City of Chicago, shall select and
6retain the services of a nationally recognized casino gaming
7feasibility consultant. Within 45 days after June 28, 2019
8(the effective date of Public Act 101-31), the consultant
9shall prepare and deliver to the Board a study concerning the
10feasibility of, and the ability to finance, a casino in the
11City of Chicago. The feasibility study shall be delivered to
12the Mayor of the City of Chicago, the Governor, the President
13of the Senate, and the Speaker of the House of
14Representatives. Ninety days after receipt of the feasibility
15study, the Board shall make a determination, based on the
16results of the feasibility study, whether to recommend to the
17General Assembly that the terms of the license under paragraph
18(1) of this subsection (e-5) should be modified. The Board may
19begin accepting applications for the owners license under
20paragraph (1) of this subsection (e-5) upon the determination
21to issue such an owners license.
22    In addition, prior to the Board issuing the owners license
23authorized under paragraph (4) of subsection (e-5), an impact
24study shall be completed to determine what location in the
25city will provide the greater impact to the region, including
26the creation of jobs and the generation of tax revenue.

 

 

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1    (e-10) The licenses authorized under subsection (e-5) of
2this Section shall be issued within 12 months after the date
3the license application is submitted. If the Board does not
4issue the licenses within that time period, then the Board
5shall give a written explanation to the applicant as to why it
6has not reached a determination and when it reasonably expects
7to make a determination. The fee for the issuance or renewal of
8a license issued pursuant to this subsection (e-10) shall be
9$250,000. Additionally, a licensee located outside of Cook
10County shall pay a minimum initial fee of $17,500 per gaming
11position, and a licensee located in Cook County shall pay a
12minimum initial fee of $30,000 per gaming position. The
13initial fees payable under this subsection (e-10) shall be
14deposited into the Rebuild Illinois Projects Fund. If at any
15point after June 1, 2020 there are no pending applications for
16a license under subsection (e-5) and not all licenses
17authorized under subsection (e-5) have been issued, then the
18Board shall reopen the license application process for those
19licenses authorized under subsection (e-5) that have not been
20issued. The Board shall follow the licensing process provided
21in subsection (e-5) with all time frames tied to the last date
22of a final order issued by the Board under subsection (e-5)
23rather than the effective date of the amendatory Act.
24    (e-15) Each licensee of a license authorized under
25subsection (e-5) of this Section shall make a reconciliation
26payment 3 years after the date the licensee begins operating

 

 

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1in an amount equal to 75% of the adjusted gross receipts for
2the most lucrative 12-month period of operations, minus an
3amount equal to the initial payment per gaming position paid
4by the specific licensee. Each licensee shall pay a
5$15,000,000 reconciliation fee upon issuance of an owners
6license. If this calculation results in a negative amount,
7then the licensee is not entitled to any reimbursement of fees
8previously paid. This reconciliation payment may be made in
9installments over a period of no more than 6 years.
10    All payments by licensees under this subsection (e-15)
11shall be deposited into the Rebuild Illinois Projects Fund.
12    (e-20) In addition to any other revocation powers granted
13to the Board under this Act, the Board may revoke the owners
14license of a licensee which fails to begin conducting gambling
15within 15 months of receipt of the Board's approval of the
16application if the Board determines that license revocation is
17in the best interests of the State.
18    (f) The first 10 owners licenses issued under this Act
19shall permit the holder to own up to 2 riverboats and equipment
20thereon for a period of 3 years after the effective date of the
21license. Holders of the first 10 owners licenses must pay the
22annual license fee for each of the 3 years during which they
23are authorized to own riverboats.
24    (g) Upon the termination, expiration, or revocation of
25each of the first 10 licenses, which shall be issued for a
263-year period, all licenses are renewable annually upon

 

 

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1payment of the fee and a determination by the Board that the
2licensee continues to meet all of the requirements of this Act
3and the Board's rules. However, for licenses renewed on or
4after the effective date of this amendatory Act of the 102nd
5General Assembly May 1, 1998, renewal shall be for a period of
64 years, unless the Board sets a shorter period.
7    (h) An owners license, except for an owners license issued
8under subsection (e-5) of this Section, shall entitle the
9licensee to own up to 2 riverboats.
10    An owners licensee of a casino or riverboat that is
11located in the City of Chicago pursuant to paragraph (1) of
12subsection (e-5) of this Section shall limit the number of
13gaming positions to 4,000 for such owner. An owners licensee
14authorized under subsection (e) or paragraph (2), (3), (4), or
15(5) of subsection (e-5) of this Section shall limit the number
16of gaming positions to 2,000 for any such owners license. An
17owners licensee authorized under paragraph (6) of subsection
18(e-5) of this Section shall limit the number of gaming
19positions to 1,200 for such owner. The initial fee for each
20gaming position obtained on or after June 28, 2019 (the
21effective date of Public Act 101-31) shall be a minimum of
22$17,500 for licensees not located in Cook County and a minimum
23of $30,000 for licensees located in Cook County, in addition
24to the reconciliation payment, as set forth in subsection
25(e-15) of this Section. The fees under this subsection (h)
26shall be deposited into the Rebuild Illinois Projects Fund.

 

 

SB1360 Enrolled- 20 -LRB102 11132 SMS 16464 b

1The fees under this subsection (h) that are paid by an owners
2licensee authorized under subsection (e) shall be paid by July
31, 2021.
4    Each owners licensee under subsection (e) of this Section
5shall reserve its gaming positions within 30 days after June
628, 2019 (the effective date of Public Act 101-31). The Board
7may grant an extension to this 30-day period, provided that
8the owners licensee submits a written request and explanation
9as to why it is unable to reserve its positions within the
1030-day period.
11    Each owners licensee under subsection (e-5) of this
12Section shall reserve its gaming positions within 30 days
13after issuance of its owners license. The Board may grant an
14extension to this 30-day period, provided that the owners
15licensee submits a written request and explanation as to why
16it is unable to reserve its positions within the 30-day
17period.
18    A licensee may operate both of its riverboats
19concurrently, provided that the total number of gaming
20positions on both riverboats does not exceed the limit
21established pursuant to this subsection. Riverboats licensed
22to operate on the Mississippi River and the Illinois River
23south of Marshall County shall have an authorized capacity of
24at least 500 persons. Any other riverboat licensed under this
25Act shall have an authorized capacity of at least 400 persons.
26    (h-5) An owners licensee who conducted gambling operations

 

 

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1prior to January 1, 2012 and obtains positions pursuant to
2Public Act 101-31 shall make a reconciliation payment 3 years
3after any additional gaming positions begin operating in an
4amount equal to 75% of the owners licensee's average gross
5receipts for the most lucrative 12-month period of operations
6minus an amount equal to the initial fee that the owners
7licensee paid per additional gaming position. For purposes of
8this subsection (h-5), "average gross receipts" means (i) the
9increase in adjusted gross receipts for the most lucrative
1012-month period of operations over the adjusted gross receipts
11for 2019, multiplied by (ii) the percentage derived by
12dividing the number of additional gaming positions that an
13owners licensee had obtained by the total number of gaming
14positions operated by the owners licensee. If this calculation
15results in a negative amount, then the owners licensee is not
16entitled to any reimbursement of fees previously paid. This
17reconciliation payment may be made in installments over a
18period of no more than 6 years. These reconciliation payments
19shall be deposited into the Rebuild Illinois Projects Fund.
20    (i) A licensed owner is authorized to apply to the Board
21for and, if approved therefor, to receive all licenses from
22the Board necessary for the operation of a riverboat or
23casino, including a liquor license, a license to prepare and
24serve food for human consumption, and other necessary
25licenses. All use, occupation, and excise taxes which apply to
26the sale of food and beverages in this State and all taxes

 

 

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1imposed on the sale or use of tangible personal property apply
2to such sales aboard the riverboat or in the casino.
3    (j) The Board may issue or re-issue a license authorizing
4a riverboat to dock in a municipality or approve a relocation
5under Section 11.2 only if, prior to the issuance or
6re-issuance of the license or approval, the governing body of
7the municipality in which the riverboat will dock has by a
8majority vote approved the docking of riverboats in the
9municipality. The Board may issue or re-issue a license
10authorizing a riverboat to dock in areas of a county outside
11any municipality or approve a relocation under Section 11.2
12only if, prior to the issuance or re-issuance of the license or
13approval, the governing body of the county has by a majority
14vote approved of the docking of riverboats within such areas.
15    (k) An owners licensee may conduct land-based gambling
16operations upon approval by the Board and payment of a fee of
17$250,000, which shall be deposited into the State Gaming Fund.
18    (l) An owners licensee may conduct gaming at a temporary
19facility pending the construction of a permanent facility or
20the remodeling or relocation of an existing facility to
21accommodate gaming participants for up to 24 months after the
22temporary facility begins to conduct gaming. Upon request by
23an owners licensee and upon a showing of good cause by the
24owners licensee, the Board shall extend the period during
25which the licensee may conduct gaming at a temporary facility
26by up to 12 months. The Board shall make rules concerning the

 

 

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1conduct of gaming from temporary facilities.
2(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;
3101-31, eff. 6-28-19; 101-648, eff. 6-30-20; revised 8-19-20.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.