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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 Video Gaming Act is amended by changing
5Sections 5 and 45 as follows:
6    (230 ILCS 40/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Board" means the Illinois Gaming Board.
9    "Credit" means one, 5, 10, or 25 cents either won or
10purchased by a player.
11    "Distributor" means an individual, partnership,
12corporation, or limited liability company licensed under this
13Act to buy, sell, lease, or distribute video gaming terminals
14or major components or parts of video gaming terminals to or
15from terminal operators.
16    "Terminal operator" means an individual, partnership,
17corporation, or limited liability company that is licensed
18under this Act and that owns, services, and maintains video
19gaming terminals for placement in licensed establishments,
20licensed truck stop establishments, licensed fraternal
21establishments, or licensed veterans establishments.
22    "Licensed technician" means an individual who is licensed
23under this Act to repair, service, and maintain video gaming



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2    "Licensed terminal handler" means a person, including but
3not limited to an employee or independent contractor working
4for a manufacturer, distributor, supplier, technician, or
5terminal operator, who is licensed under this Act to possess or
6control a video gaming terminal or to have access to the inner
7workings of a video gaming terminal. A licensed terminal
8handler does not include an individual, partnership,
9corporation, or limited liability company defined as a
10manufacturer, distributor, supplier, technician, or terminal
11operator under this Act.
12    "Manufacturer" means an individual, partnership,
13corporation, or limited liability company that is licensed
14under this Act and that manufactures or assembles video gaming
16    "Supplier" means an individual, partnership, corporation,
17or limited liability company that is licensed under this Act to
18supply major components or parts to video gaming terminals to
19licensed terminal operators.
20    "Net terminal income" means money put into a video gaming
21terminal minus credits paid out to players.
22    "Video gaming terminal" means any electronic video game
23machine that, upon insertion of cash, is available to play or
24simulate the play of a video game, including but not limited to
25video poker, line up, and blackjack, as authorized by the Board
26utilizing a video display and microprocessors in which the



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1player may receive free games or credits that can be redeemed
2for cash. The term does not include a machine that directly
3dispenses coins, cash, or tokens or is for amusement purposes
5    "Licensed establishment" means any licensed retail
6establishment where alcoholic liquor is drawn, poured, mixed,
7or otherwise served for consumption on the premises, whether
8the establishment operates on a nonprofit or for-profit basis.
9"Licensed establishment" and includes any such establishment
10that has a contractual relationship with an inter-track
11wagering location licensee licensed under the Illinois Horse
12Racing Act of 1975, provided any contractual relationship shall
13not include any transfer or offer of revenue from the operation
14of video gaming under this Act to any licensee licensed under
15the Illinois Horse Racing Act of 1975. Provided, however, that
16the licensed establishment that has such a contractual
17relationship with an inter-track wagering location licensee
18may not, itself, be (i) an inter-track wagering location
19licensee, (ii) the corporate parent or subsidiary of any
20licensee licensed under the Illinois Horse Racing Act of 1975,
21or (iii) the corporate subsidiary of a corporation that is also
22the corporate parent or subsidiary of any licensee licensed
23under the Illinois Horse Racing Act of 1975. "Licensed
24establishment" does not include a facility operated by an
25organization licensee, an inter-track wagering licensee, or an
26inter-track wagering location licensee licensed under the



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1Illinois Horse Racing Act of 1975 or a riverboat licensed under
2the Riverboat Gambling Act, except as provided in this
3paragraph. The changes made to this definition by this
4amendatory Act of the 98th General Assembly are declarative of
5existing law.
6    "Licensed fraternal establishment" means the location
7where a qualified fraternal organization that derives its
8charter from a national fraternal organization regularly
10    "Licensed veterans establishment" means the location where
11a qualified veterans organization that derives its charter from
12a national veterans organization regularly meets.
13    "Licensed truck stop establishment" means a facility (i)
14that is at least a 3-acre facility with a convenience store,
15(ii) with separate diesel islands for fueling commercial motor
16vehicles, (iii) that sells at retail more than 10,000 gallons
17of diesel or biodiesel fuel per month, and (iv) with parking
18spaces for commercial motor vehicles. "Commercial motor
19vehicles" has the same meaning as defined in Section 18b-101 of
20the Illinois Vehicle Code. The requirement of item (iii) of
21this paragraph may be met by showing that estimated future
22sales or past sales average at least 10,000 gallons per month.
23(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
2496-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff.



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1    (230 ILCS 40/45)
2    Sec. 45. Issuance of license.
3    (a) The burden is upon each applicant to demonstrate his
4suitability for licensure. Each video gaming terminal
5manufacturer, distributor, supplier, operator, handler,
6licensed establishment, licensed truck stop establishment,
7licensed fraternal establishment, and licensed veterans
8establishment shall be licensed by the Board. The Board may
9issue or deny a license under this Act to any person pursuant
10to the same criteria set forth in Section 9 of the Riverboat
11Gambling Act.
12    (a-5) The Board shall not grant a license to a person who
13has facilitated, enabled, or participated in the use of
14coin-operated devices for gambling purposes or who is under the
15significant influence or control of such a person. For the
16purposes of this Act, "facilitated, enabled, or participated in
17the use of coin-operated amusement devices for gambling
18purposes" means that the person has been convicted of any
19violation of Article 28 of the Criminal Code of 1961 or the
20Criminal Code of 2012. If there is pending legal action against
21a person for any such violation, then the Board shall delay the
22licensure of that person until the legal action is resolved.
23    (b) Each person seeking and possessing a license as a video
24gaming terminal manufacturer, distributor, supplier, operator,
25handler, licensed establishment, licensed truck stop
26establishment, licensed fraternal establishment, or licensed



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1veterans establishment shall submit to a background
2investigation conducted by the Board with the assistance of the
3State Police or other law enforcement. To the extent that the
4corporate structure of the applicant allows, the The background
5investigation shall include any or all of the following as the
6Board deems appropriate or as provided by rule for each
7category of licensure: (i) each beneficiary of a trust, (ii)
8each partner of a partnership, (iii) each member of a limited
9liability company, (iv) and each director and officer of a
10publicly or non-publicly held corporation, (v) each
11stockholder of a non-publicly held corporation, (vi) each
12stockholder of 5% or more of a publicly held corporation, or
13(vii) each stockholder and all stockholders of 5% or more in a
14parent or subsidiary corporation of a video gaming terminal
15manufacturer, distributor, supplier, operator, or licensed
16establishment, licensed truck stop establishment, licensed
17fraternal establishment, or licensed veterans establishment.
18    (c) Each person seeking and possessing a license as a video
19gaming terminal manufacturer, distributor, supplier, operator,
20handler, licensed establishment, licensed truck stop
21establishment, licensed fraternal establishment, or licensed
22veterans establishment shall disclose the identity of every
23person, association, trust, corporation, or limited liability
24company having a greater than 1% direct or indirect pecuniary
25interest in the video gaming terminal operation for which the
26license is sought. If the disclosed entity is a trust, the



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1application shall disclose the names and addresses of the
2beneficiaries; if a corporation, the names and addresses of all
3stockholders and directors; if a limited liability company, the
4names and addresses of all members; or if a partnership, the
5names and addresses of all partners, both general and limited.
6    (d) No person may be licensed as a video gaming terminal
7manufacturer, distributor, supplier, operator, handler,
8licensed establishment, licensed truck stop establishment,
9licensed fraternal establishment, or licensed veterans
10establishment if that person has been found by the Board to:
11        (1) have a background, including a criminal record,
12    reputation, habits, social or business associations, or
13    prior activities that pose a threat to the public interests
14    of the State or to the security and integrity of video
15    gaming;
16        (2) create or enhance the dangers of unsuitable,
17    unfair, or illegal practices, methods, and activities in
18    the conduct of video gaming; or
19        (3) present questionable business practices and
20    financial arrangements incidental to the conduct of video
21    gaming activities.
22    (e) Any applicant for any license under this Act has the
23burden of proving his or her qualifications to the satisfaction
24of the Board. The Board may adopt rules to establish additional
25qualifications and requirements to preserve the integrity and
26security of video gaming in this State.



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1    (f) A non-refundable application fee shall be paid at the
2time an application for a license is filed with the Board in
3the following amounts:
4        (1) Manufacturer..........................$5,000
5        (2) Distributor...........................$5,000
6        (3) Terminal operator.....................$5,000
7        (4) Supplier..............................$2,500
8        (5) Technician..............................$100
9        (6) Terminal Handler..............................$50
10    (g) The Board shall establish an annual fee for each
11license not to exceed the following:
12        (1) Manufacturer.........................$10,000
13        (2) Distributor..........................$10,000
14        (3) Terminal operator.....................$5,000
15        (4) Supplier..............................$2,000
16        (5) Technician..............................$100
17        (6) Licensed establishment, licensed truck stop
18    establishment, licensed fraternal establishment,
19    or licensed veterans establishment..............$100
20        (7) Video gaming terminal...................$100
21        (8) Terminal Handler..............................$50
22(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
23eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10;
2497-1150, eff. 1-25-13.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.