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

SB1360sam001 102ND GENERAL ASSEMBLY

Sen. Dale Fowler

Filed: 4/16/2021

 

 


 

 


 
10200SB1360sam001LRB102 11132 SMS 25362 a

1
AMENDMENT TO SENATE BILL 1360

2    AMENDMENT NO. ______. Amend Senate Bill 1360 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1gambling operations are conducted on board, detailed
2information regarding the ownership and management of the
3applicant, and detailed personal information regarding the
4applicant. Any application for an owners license to be
5re-issued on or after June 1, 2003 shall also include the
6applicant's license bid in a form prescribed by the Board.
7Information provided on the application shall be used as a
8basis for a thorough background investigation which the Board
9shall conduct with respect to each applicant. An incomplete
10application shall be cause for denial of a license by the
11Board.
12    (a-5) In addition to any other information required under
13this Section, each application for an owners license must
14include the following information:
15        (1) The history and success of the applicant and each
16    person and entity disclosed under subsection (c) of this
17    Section in developing tourism facilities ancillary to
18    gaming, if applicable.
19        (2) The likelihood that granting a license to the
20    applicant will lead to the creation of quality, living
21    wage jobs and permanent, full-time jobs for residents of
22    the State and residents of the unit of local government
23    that is designated as the home dock of the proposed
24    facility where gambling is to be conducted by the
25    applicant.
26        (3) The projected number of jobs that would be created

 

 

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1    if the license is granted and the projected number of new
2    employees at the proposed facility where gambling is to be
3    conducted by the applicant.
4        (4) The record, if any, of the applicant and its
5    developer in meeting commitments to local agencies,
6    community-based organizations, and employees at other
7    locations where the applicant or its developer has
8    performed similar functions as they would perform if the
9    applicant were granted a license.
10        (5) Identification of adverse effects that might be
11    caused by the proposed facility where gambling is to be
12    conducted by the applicant, including the costs of meeting
13    increased demand for public health care, child care,
14    public transportation, affordable housing, and social
15    services, and a plan to mitigate those adverse effects.
16        (6) The record, if any, of the applicant and its
17    developer regarding compliance with:
18            (A) federal, state, and local discrimination, wage
19        and hour, disability, and occupational and
20        environmental health and safety laws; and
21            (B) state and local labor relations and employment
22        laws.
23        (7) The applicant's record, if any, in dealing with
24    its employees and their representatives at other
25    locations.
26        (8) A plan concerning the utilization of

 

 

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1    minority-owned and women-owned businesses and concerning
2    the hiring of minorities and women.
3        (9) Evidence the applicant used its best efforts to
4    reach a goal of 25% ownership representation by minority
5    persons and 5% ownership representation by women.
6        (10) Evidence the applicant has entered into a
7    construction project labor agreement that includes
8    provisions establishing wages, benefits, and other
9    compensation for employees performing work under the
10    project labor agreement at that location and a commitment
11    to pay a prevailing wage for employees who are engaged in
12    construction. The project labor agreements must conform to
13    the requirements contained in Sections 20 and 25 of the
14    Project Labor Agreements Act. For any pending application
15    before the Board on the effective date of this amendatory
16    Act of the 102nd General Assembly, the applicant shall
17    submit evidence complying with this paragraph within 30
18    days after the effective date of this amendatory Act of
19    the 102nd General Assembly. The Board shall not award any
20    pending applications until the applicant has submitted
21    this information.
22    (b) Applicants shall submit with their application all
23documents, resolutions, and letters of support from the
24governing body that represents the municipality or county
25wherein the licensee will be located.
26    (c) Each applicant shall disclose the identity of every

 

 

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1person or entity having a greater than 1% direct or indirect
2pecuniary interest in the gambling operation with respect to
3which the license is sought. If the disclosed entity is a
4trust, the application shall disclose the names and addresses
5of all beneficiaries; if a corporation, the names and
6addresses of all stockholders and directors; if a partnership,
7the names and addresses of all partners, both general and
8limited.
9    (d) An application shall be filed and considered in
10accordance with the rules of the Board. Each application shall
11be accompanied by a nonrefundable application fee of $250,000.
12In addition, a nonrefundable fee of $50,000 shall be paid at
13the time of filing to defray the costs associated with the
14background investigation conducted by the Board. If the costs
15of the investigation exceed $50,000, the applicant shall pay
16the additional amount to the Board within 7 days after
17requested by the Board. If the costs of the investigation are
18less than $50,000, the applicant shall receive a refund of the
19remaining amount. All information, records, interviews,
20reports, statements, memoranda or other data supplied to or
21used by the Board in the course of its review or investigation
22of an application for a license or a renewal under this Act
23shall be privileged, strictly confidential and shall be used
24only for the purpose of evaluating an applicant for a license
25or a renewal. Such information, records, interviews, reports,
26statements, memoranda or other data shall not be admissible as

 

 

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1evidence, nor discoverable in any action of any kind in any
2court or before any tribunal, board, agency or person, except
3for any action deemed necessary by the Board. The application
4fee shall be deposited into the State Gaming Fund.
5    (e) The Board shall charge each applicant a fee set by the
6Department of State Police to defray the costs associated with
7the search and classification of fingerprints obtained by the
8Board with respect to the applicant's application. These fees
9shall be paid into the State Police Services Fund. In order to
10expedite the application process, the Board may establish
11rules allowing applicants to acquire criminal background
12checks and financial integrity reviews as part of the initial
13application process from a list of vendors approved by the
14Board.
15    (f) The licensed owner shall be the person primarily
16responsible for the boat or casino itself. Only one gambling
17operation may be authorized by the Board on any riverboat or in
18any casino. The applicant must identify the riverboat or
19premises it intends to use and certify that the riverboat or
20premises: (1) has the authorized capacity required in this
21Act; (2) is accessible to persons with disabilities; and (3)
22is fully registered and licensed in accordance with any
23applicable laws.
24    (g) A person who knowingly makes a false statement on an
25application is guilty of a Class A misdemeanor.
26(Source: P.A. 101-31, eff. 6-28-19.)
 

 

 

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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 or
4entities that apply for such licenses upon payment to the
5Board of the non-refundable license fee as provided in
6subsection (e) or (e-5) and upon a determination by the Board
7that the applicant is eligible for an owners license pursuant
8to this Act and the rules of the Board. From December 15, 2008
9(the effective date of Public Act 95-1008) this amendatory Act
10of the 95th General Assembly until (i) 3 years after December
1115, 2008 (the effective date of Public Act 95-1008) this
12amendatory Act of the 95th General Assembly, (ii) the date any
13organization licensee begins to operate a slot machine or
14video game of chance under the Illinois Horse Racing Act of
151975 or this Act, (iii) the date that payments begin under
16subsection (c-5) of Section 13 of this Act, (iv) the wagering
17tax imposed under Section 13 of this Act is increased by law to
18reflect a tax rate that is at least as stringent or more
19stringent than the tax rate contained in subsection (a-3) of
20Section 13, or (v) when an owners licensee holding a license
21issued pursuant to Section 7.1 of this Act begins conducting
22gaming, whichever occurs first, as a condition of licensure
23and as an alternative source of payment for those funds
24payable under subsection (c-5) of Section 13 of this Act, any
25owners licensee that holds or receives its owners license on

 

 

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1or after May 26, 2006 (the effective date of Public Act 94-804)
2this amendatory Act of the 94th General Assembly, other than
3an owners licensee operating a riverboat with adjusted gross
4receipts in calendar year 2004 of less than $200,000,000, must
5pay into the Horse Racing Equity Trust Fund, in addition to any
6other payments required under this Act, an amount equal to 3%
7of the adjusted gross receipts received by the owners
8licensee. The payments required under this Section shall be
9made by the owners licensee to the State Treasurer no later
10than 3:00 o'clock p.m. of the day after the day when the
11adjusted gross receipts were received by the owners licensee.
12A person or entity is ineligible to receive an owners license
13if:
14        (1) the person has been convicted of a felony under
15    the laws of this State, any other state, or the United
16    States;
17        (2) the person has been convicted of any violation of
18    Article 28 of the Criminal Code of 1961 or the Criminal
19    Code of 2012, or substantially similar laws of any other
20    jurisdiction;
21        (3) the person has submitted an application for a
22    license under this Act which contains false information;
23        (4) the person is a member of the Board;
24        (5) a person defined in (1), (2), (3), or (4) is an
25    officer, director, or managerial employee of the entity;
26        (6) the entity employs a person defined in (1), (2),

 

 

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1    (3), or (4) who participates in the management or
2    operation of gambling operations authorized under this
3    Act;
4        (7) (blank); or
5        (8) a license of the person or entity issued under
6    this Act, or a license to own or operate gambling
7    facilities in any other jurisdiction, has been revoked.
8    The Board is expressly prohibited from making changes to
9the requirement that licensees make payment into the Horse
10Racing Equity Trust Fund without the express authority of the
11Illinois General Assembly and making any other rule to
12implement or interpret Public Act 95-1008 this amendatory Act
13of the 95th General Assembly. For the purposes of this
14paragraph, "rules" is given the meaning given to that term in
15Section 1-70 of the Illinois Administrative Procedure Act.
16    (b) In determining whether to grant an owners license to
17an applicant, the Board shall consider:
18        (1) the character, reputation, experience, and
19    financial integrity of the applicants and of any other or
20    separate person that either:
21            (A) controls, directly or indirectly, such
22        applicant; , or
23            (B) is controlled, directly or indirectly, by such
24        applicant or by a person which controls, directly or
25        indirectly, such applicant;
26        (2) the facilities or proposed facilities for the

 

 

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1    conduct of gambling;
2        (3) the highest prospective total revenue to be
3    derived by the State from the conduct of gambling;
4        (4) the extent to which the ownership of the applicant
5    reflects the diversity of the State by including minority
6    persons, women, and persons with a disability and the good
7    faith affirmative action plan of each applicant to
8    recruit, train and upgrade minority persons, women, and
9    persons with a disability in all employment
10    classifications; the Board shall further consider granting
11    an owners license and giving preference to an applicant
12    under this Section to applicants in which minority persons
13    and women hold ownership interest of at least 16% and 4%,
14    respectively; .
15        (4.5) the extent to which the ownership of the
16    applicant includes veterans of service in the armed forces
17    of the United States, and the good faith affirmative
18    action plan of each applicant to recruit, train, and
19    upgrade veterans of service in the armed forces of the
20    United States in all employment classifications;
21        (5) the financial ability of the applicant to purchase
22    and maintain adequate liability and casualty insurance;
23        (6) whether the applicant has adequate capitalization
24    to provide and maintain, for the duration of a license, a
25    riverboat or casino;
26        (7) the extent to which the applicant exceeds or meets

 

 

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1    other standards for the issuance of an owners license
2    which the Board may adopt by rule;
3        (8) the amount of the applicant's license bid;
4        (9) the extent to which the applicant or the proposed
5    host municipality plans to enter into revenue sharing
6    agreements with communities other than the host
7    municipality; and
8        (10) the extent to which the ownership of an applicant
9    includes the most qualified number of minority persons,
10    women, and persons with a disability; .
11        (11) whether the applicant has entered into a
12    construction project labor agreement that includes
13    provisions establishing wages, benefits, and other
14    compensation for employees performing work under the
15    project labor agreement at that location; the project
16    labor agreements must conform to the requirements
17    contained in Sections 20 and 25 of the Project Labor
18    Agreements Act; and
19        (12) whether the applicant pays a prevailing wage for
20    employees who are engaged in construction.
21    (c) Each owners license shall specify the place where the
22casino shall operate or the riverboat shall operate and dock.
23    (d) Each applicant shall submit with his or her
24application, on forms provided by the Board, 2 sets of his or
25her fingerprints.
26    (e) In addition to any licenses authorized under

 

 

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1subsection (e-5) of this Section, the Board may issue up to 10
2licenses authorizing the holders of such licenses to own
3riverboats. In the application for an owners license, the
4applicant shall state the dock at which the riverboat is based
5and the water on which the riverboat will be located. The Board
6shall issue 5 licenses to become effective not earlier than
7January 1, 1991. Three of such licenses shall authorize
8riverboat gambling on the Mississippi River, or, with approval
9by the municipality in which the riverboat was docked on
10August 7, 2003 and with Board approval, be authorized to
11relocate to a new location, in a municipality that (1) borders
12on the Mississippi River or is within 5 miles of the city
13limits of a municipality that borders on the Mississippi River
14and (2) on August 7, 2003, had a riverboat conducting
15riverboat gambling operations pursuant to a license issued
16under this Act; one of which shall authorize riverboat
17gambling from a home dock in the city of East St. Louis; and
18one of which shall authorize riverboat gambling from a home
19dock in the City of Alton. One other license shall authorize
20riverboat gambling on the Illinois River in the City of East
21Peoria or, with Board approval, shall authorize land-based
22gambling operations anywhere within the corporate limits of
23the City of Peoria. The Board shall issue one additional
24license to become effective not earlier than March 1, 1992,
25which shall authorize riverboat gambling on the Des Plaines
26River in Will County. The Board may issue 4 additional

 

 

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1licenses to become effective not earlier than March 1, 1992.
2In determining the water upon which riverboats will operate,
3the Board shall consider the economic benefit which riverboat
4gambling confers on the State, and shall seek to assure that
5all regions of the State share in the economic benefits of
6riverboat gambling.
7    In granting all licenses, the Board may give favorable
8consideration to economically depressed areas of the State, to
9applicants presenting plans which provide for significant
10economic development over a large geographic area, and to
11applicants who currently operate non-gambling riverboats in
12Illinois. The Board shall review all applications for owners
13licenses, and shall inform each applicant of the Board's
14decision. The Board may grant an owners license to an
15applicant that has not submitted the highest license bid, but
16if it does not select the highest bidder, the Board shall issue
17a written decision explaining why another applicant was
18selected and identifying the factors set forth in this Section
19that favored the winning bidder. The fee for issuance or
20renewal of a license pursuant to this subsection (e) shall be
21$250,000.
22    (e-5) In addition to licenses authorized under subsection
23(e) of this Section:
24        (1) the Board may issue one owners license authorizing
25    the conduct of casino gambling in the City of Chicago;
26        (2) the Board may issue one owners license authorizing

 

 

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

 

 

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1than 6 months after June 28, 2019 (the effective date of Public
2Act 101-31).
3    The Board shall consider issuing a license pursuant to
4paragraphs (1) through (6) of this subsection only after the
5corporate authority of the municipality or the county board of
6the county in which the riverboat or casino shall be located
7has certified to the Board the following:
8        (i) that the applicant has negotiated with the
9    corporate authority or county board in good faith;
10        (ii) that the applicant and the corporate authority or
11    county board have mutually agreed on the permanent
12    location of the riverboat or casino;
13        (iii) that the applicant and the corporate authority
14    or county board have mutually agreed on the temporary
15    location of the riverboat or casino;
16        (iv) that the applicant and the corporate authority or
17    the county board have mutually agreed on the percentage of
18    revenues that will be shared with the municipality or
19    county, if any;
20        (v) that the applicant and the corporate authority or
21    county board have mutually agreed on any zoning,
22    licensing, public health, or other issues that are within
23    the jurisdiction of the municipality or county;
24        (vi) that the corporate authority or county board has
25    passed a resolution or ordinance in support of the
26    riverboat or casino in the municipality or county;

 

 

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1        (vii) the applicant for a license under paragraph (1)
2    has made a public presentation concerning its casino
3    proposal; and
4        (viii) the applicant for a license under paragraph (1)
5    has prepared a summary of its casino proposal and such
6    summary has been posted on a public website of the
7    municipality or the county.
8    At least 7 days before the corporate authority of a
9municipality or county board of the county submits a
10certification to the Board concerning items (i) through (viii)
11of this subsection, it shall hold a public hearing to discuss
12items (i) through (viii), as well as any other details
13concerning the proposed riverboat or casino in the
14municipality or county. The corporate authority or county
15board must subsequently memorialize the details concerning the
16proposed riverboat or casino in a resolution that must be
17adopted by a majority of the corporate authority or county
18board before any certification is sent to the Board. The Board
19shall not alter, amend, change, or otherwise interfere with
20any agreement between the applicant and the corporate
21authority of the municipality or county board of the county
22regarding the location of any temporary or permanent facility.
23    In addition, within 10 days after June 28, 2019 (the
24effective date of Public Act 101-31), the Board, with consent
25and at the expense of the City of Chicago, shall select and
26retain the services of a nationally recognized casino gaming

 

 

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1feasibility consultant. Within 45 days after June 28, 2019
2(the effective date of Public Act 101-31), the consultant
3shall prepare and deliver to the Board a study concerning the
4feasibility of, and the ability to finance, a casino in the
5City of Chicago. The feasibility study shall be delivered to
6the Mayor of the City of Chicago, the Governor, the President
7of the Senate, and the Speaker of the House of
8Representatives. Ninety days after receipt of the feasibility
9study, the Board shall make a determination, based on the
10results of the feasibility study, whether to recommend to the
11General Assembly that the terms of the license under paragraph
12(1) of this subsection (e-5) should be modified. The Board may
13begin accepting applications for the owners license under
14paragraph (1) of this subsection (e-5) upon the determination
15to issue such an owners license.
16    In addition, prior to the Board issuing the owners license
17authorized under paragraph (4) of subsection (e-5), an impact
18study shall be completed to determine what location in the
19city will provide the greater impact to the region, including
20the creation of jobs and the generation of tax revenue.
21    (e-10) The licenses authorized under subsection (e-5) of
22this Section shall be issued within 12 months after the date
23the license application is submitted. If the Board does not
24issue the licenses within that time period, then the Board
25shall give a written explanation to the applicant as to why it
26has not reached a determination and when it reasonably expects

 

 

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1to make a determination. The fee for the issuance or renewal of
2a license issued pursuant to this subsection (e-10) shall be
3$250,000. Additionally, a licensee located outside of Cook
4County shall pay a minimum initial fee of $17,500 per gaming
5position, and a licensee located in Cook County shall pay a
6minimum initial fee of $30,000 per gaming position. The
7initial fees payable under this subsection (e-10) shall be
8deposited into the Rebuild Illinois Projects Fund. If at any
9point after June 1, 2020 there are no pending applications for
10a license under subsection (e-5) and not all licenses
11authorized under subsection (e-5) have been issued, then the
12Board shall reopen the license application process for those
13licenses authorized under subsection (e-5) that have not been
14issued. The Board shall follow the licensing process provided
15in subsection (e-5) with all time frames tied to the last date
16of a final order issued by the Board under subsection (e-5)
17rather than the effective date of the amendatory Act.
18    (e-15) Each licensee of a license authorized under
19subsection (e-5) of this Section shall make a reconciliation
20payment 3 years after the date the licensee begins operating
21in an amount equal to 75% of the adjusted gross receipts for
22the most lucrative 12-month period of operations, minus an
23amount equal to the initial payment per gaming position paid
24by the specific licensee. Each licensee shall pay a
25$15,000,000 reconciliation fee upon issuance of an owners
26license. If this calculation results in a negative amount,

 

 

10200SB1360sam001- 19 -LRB102 11132 SMS 25362 a

1then the licensee is not entitled to any reimbursement of fees
2previously paid. This reconciliation payment may be made in
3installments over a period of no more than 6 years.
4    All payments by licensees under this subsection (e-15)
5shall be deposited into the Rebuild Illinois Projects Fund.
6    (e-20) In addition to any other revocation powers granted
7to the Board under this Act, the Board may revoke the owners
8license of a licensee which fails to begin conducting gambling
9within 15 months of receipt of the Board's approval of the
10application if the Board determines that license revocation is
11in the best interests of the State.
12    (f) The first 10 owners licenses issued under this Act
13shall permit the holder to own up to 2 riverboats and equipment
14thereon for a period of 3 years after the effective date of the
15license. Holders of the first 10 owners licenses must pay the
16annual license fee for each of the 3 years during which they
17are authorized to own riverboats.
18    (g) Upon the termination, expiration, or revocation of
19each of the first 10 licenses, which shall be issued for a
203-year period, all licenses are renewable annually upon
21payment of the fee and a determination by the Board that the
22licensee continues to meet all of the requirements of this Act
23and the Board's rules. However, for licenses renewed on or
24after May 1, 1998, renewal shall be for a period of 4 years,
25unless the Board sets a shorter period.
26    (h) An owners license, except for an owners license issued

 

 

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1under subsection (e-5) of this Section, shall entitle the
2licensee to own up to 2 riverboats.
3    An owners licensee of a casino or riverboat that is
4located in the City of Chicago pursuant to paragraph (1) of
5subsection (e-5) of this Section shall limit the number of
6gaming positions to 4,000 for such owner. An owners licensee
7authorized under subsection (e) or paragraph (2), (3), (4), or
8(5) of subsection (e-5) of this Section shall limit the number
9of gaming positions to 2,000 for any such owners license. An
10owners licensee authorized under paragraph (6) of subsection
11(e-5) of this Section shall limit the number of gaming
12positions to 1,200 for such owner. The initial fee for each
13gaming position obtained on or after June 28, 2019 (the
14effective date of Public Act 101-31) shall be a minimum of
15$17,500 for licensees not located in Cook County and a minimum
16of $30,000 for licensees located in Cook County, in addition
17to the reconciliation payment, as set forth in subsection
18(e-15) of this Section. The fees under this subsection (h)
19shall be deposited into the Rebuild Illinois Projects Fund.
20The fees under this subsection (h) that are paid by an owners
21licensee authorized under subsection (e) shall be paid by July
221, 2021.
23    Each owners licensee under subsection (e) of this Section
24shall reserve its gaming positions within 30 days after June
2528, 2019 (the effective date of Public Act 101-31). The Board
26may grant an extension to this 30-day period, provided that

 

 

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1the owners licensee submits a written request and explanation
2as to why it is unable to reserve its positions within the
330-day period.
4    Each owners licensee under subsection (e-5) of this
5Section shall reserve its gaming positions within 30 days
6after issuance of its owners license. The Board may grant an
7extension to this 30-day period, provided that the owners
8licensee submits a written request and explanation as to why
9it is unable to reserve its positions within the 30-day
10period.
11    A licensee may operate both of its riverboats
12concurrently, provided that the total number of gaming
13positions on both riverboats does not exceed the limit
14established pursuant to this subsection. Riverboats licensed
15to operate on the Mississippi River and the Illinois River
16south of Marshall County shall have an authorized capacity of
17at least 500 persons. Any other riverboat licensed under this
18Act shall have an authorized capacity of at least 400 persons.
19    (h-5) An owners licensee who conducted gambling operations
20prior to January 1, 2012 and obtains positions pursuant to
21Public Act 101-31 shall make a reconciliation payment 3 years
22after any additional gaming positions begin operating in an
23amount equal to 75% of the owners licensee's average gross
24receipts for the most lucrative 12-month period of operations
25minus an amount equal to the initial fee that the owners
26licensee paid per additional gaming position. For purposes of

 

 

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1this subsection (h-5), "average gross receipts" means (i) the
2increase in adjusted gross receipts for the most lucrative
312-month period of operations over the adjusted gross receipts
4for 2019, multiplied by (ii) the percentage derived by
5dividing the number of additional gaming positions that an
6owners licensee had obtained by the total number of gaming
7positions operated by the owners licensee. If this calculation
8results in a negative amount, then the owners licensee is not
9entitled to any reimbursement of fees previously paid. This
10reconciliation payment may be made in installments over a
11period of no more than 6 years. These reconciliation payments
12shall be deposited into the Rebuild Illinois Projects Fund.
13    (i) A licensed owner is authorized to apply to the Board
14for and, if approved therefor, to receive all licenses from
15the Board necessary for the operation of a riverboat or
16casino, including a liquor license, a license to prepare and
17serve food for human consumption, and other necessary
18licenses. All use, occupation, and excise taxes which apply to
19the sale of food and beverages in this State and all taxes
20imposed on the sale or use of tangible personal property apply
21to such sales aboard the riverboat or in the casino.
22    (j) The Board may issue or re-issue a license authorizing
23a riverboat to dock in a municipality or approve a relocation
24under Section 11.2 only if, prior to the issuance or
25re-issuance of the license or approval, the governing body of
26the municipality in which the riverboat will dock has by a

 

 

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1majority vote approved the docking of riverboats in the
2municipality. The Board may issue or re-issue a license
3authorizing a riverboat to dock in areas of a county outside
4any municipality or approve a relocation under Section 11.2
5only if, prior to the issuance or re-issuance of the license or
6approval, the governing body of the county has by a majority
7vote approved of the docking of riverboats within such areas.
8    (k) An owners licensee may conduct land-based gambling
9operations upon approval by the Board and payment of a fee of
10$250,000, which shall be deposited into the State Gaming Fund.
11    (l) An owners licensee may conduct gaming at a temporary
12facility pending the construction of a permanent facility or
13the remodeling or relocation of an existing facility to
14accommodate gaming participants for up to 24 months after the
15temporary facility begins to conduct gaming. Upon request by
16an owners licensee and upon a showing of good cause by the
17owners licensee, the Board shall extend the period during
18which the licensee may conduct gaming at a temporary facility
19by up to 12 months. The Board shall make rules concerning the
20conduct of gaming from temporary facilities.
21(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;
22101-31, eff. 6-28-19; 101-648, eff. 6-30-20; revised 8-19-20.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".