Full Text of SB2072 102nd General Assembly
SB2072 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2072 Introduced 2/26/2021, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: |
| 230 ILCS 10/4 | from Ch. 120, par. 2404 | 230 ILCS 10/8 | from Ch. 120, par. 2408 | 230 ILCS 10/9 | from Ch. 120, par. 2409 |
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Amends the Illinois Gambling Act. Provides that nothing in the Act shall be interpreted to require a suppliers license for a third-party supplier of an amenities outlet or non-gaming operation or function or an occupational license for a person whose duties do not directly involve gaming activities and who is employed exclusively in an amenities outlet or operation. Provides that those people are exempt from licensure. Defines "amenities outlet or non-gaming operation or function".
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Gambling Act is amended by | 5 | | changing Sections 4, 8, and 9 as follows:
| 6 | | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| 7 | | Sec. 4. Definitions. As used in this Act:
| 8 | | "Board" means the Illinois Gaming Board.
| 9 | | "Occupational license" means a license issued by the Board | 10 | | to a
person or entity to perform an occupation which the Board | 11 | | has identified as
requiring a license to engage in riverboat | 12 | | gambling, casino gambling, or gaming pursuant to an | 13 | | organization gaming license issued under this Act in Illinois.
| 14 | | "Gambling game" includes, but is not limited to, baccarat,
| 15 | | twenty-one, poker, craps, slot machine, video game of chance, | 16 | | roulette
wheel, klondike table, punchboard, faro layout, keno | 17 | | layout, numbers
ticket, push card, jar ticket, or pull tab | 18 | | which is authorized by the Board
as a wagering device under | 19 | | this Act.
| 20 | | "Riverboat" means a self-propelled excursion boat, a
| 21 | | permanently moored barge, or permanently moored barges that | 22 | | are permanently
fixed together to operate as one vessel, on | 23 | | which lawful gambling is
authorized and licensed as
provided |
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| 1 | | in this Act.
| 2 | | "Slot machine" means any mechanical, electrical, or other | 3 | | device, contrivance, or machine that is authorized by the | 4 | | Board as a wagering device under this Act which, upon | 5 | | insertion of a coin, currency, token, or similar object | 6 | | therein, or upon payment of any consideration whatsoever, is | 7 | | available to play or operate, the play or operation of which | 8 | | may deliver or entitle the person playing or operating the | 9 | | machine to receive cash, premiums, merchandise, tokens, or | 10 | | anything of value whatsoever, whether the payoff is made | 11 | | automatically from the machine or in any other manner | 12 | | whatsoever. A slot machine: | 13 | | (1) may utilize spinning reels or video displays or | 14 | | both; | 15 | | (2) may or may not dispense coins, tickets, or tokens | 16 | | to winning patrons; | 17 | | (3) may use an electronic credit system for receiving | 18 | | wagers and making payouts; and | 19 | | (4) may simulate a table game. | 20 | | "Slot machine" does not include table games authorized by | 21 | | the Board as a wagering device under this Act. | 22 | | "Managers license" means a license issued by the Board to | 23 | | a person or
entity
to manage gambling operations conducted by | 24 | | the State pursuant to Section 7.3.
| 25 | | "Dock" means the location where a riverboat moors for the | 26 | | purpose of
embarking passengers for and disembarking |
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| 1 | | passengers from the riverboat.
| 2 | | "Gross receipts" means the total amount of money exchanged | 3 | | for the
purchase of chips, tokens, or electronic cards by | 4 | | riverboat patrons.
| 5 | | "Adjusted gross receipts" means the gross receipts less
| 6 | | winnings paid to wagerers.
| 7 | | "Cheat" means to alter the selection of criteria which | 8 | | determine the
result of a gambling game or the amount or | 9 | | frequency of payment in a gambling
game.
| 10 | | "Gambling operation" means the conduct of gambling games | 11 | | authorized under this Act
upon a riverboat or in a casino or | 12 | | authorized under this Act and the Illinois Horse Racing Act of | 13 | | 1975 at an organization gaming facility.
| 14 | | "License bid" means the lump sum amount of money that an | 15 | | applicant
bids and agrees to pay the State in return for an | 16 | | owners license that is issued or
re-issued on or after July 1, | 17 | | 2003.
| 18 | | "Table game" means a live gaming apparatus upon which | 19 | | gaming is conducted or that determines an outcome that is the | 20 | | object of a wager, including, but not limited to, baccarat, | 21 | | twenty-one, blackjack, poker, craps, roulette wheel, klondike | 22 | | table, punchboard, faro layout, keno layout, numbers ticket, | 23 | | push card, jar ticket, pull tab, or other similar games that | 24 | | are authorized by the Board as a wagering device under this | 25 | | Act. "Table game" does not include slot machines or video | 26 | | games of chance. |
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| 1 | | The terms "minority person", "woman", and "person with a | 2 | | disability" shall have the same meaning
as
defined in
Section | 3 | | 2 of the Business Enterprise for Minorities, Women, and | 4 | | Persons with
Disabilities Act.
| 5 | | "Amenities outlet or non-gaming operation or function" | 6 | | means a place or function that offers non-gaming amenities or | 7 | | part of the operation that perform non-gaming functions that | 8 | | are a part of, or operates in conjunction with, a facility at | 9 | | which lawful gaming is conducted as authorized by this Act. | 10 | | "Amenities outlet or operation or function" includes, but is | 11 | | not limited to, a shop, restaurant, bar, lodging, parking lot | 12 | | or garage, and another place that offers non-gaming goods and | 13 | | services. | 14 | | "Casino" means a facility at which lawful gambling is | 15 | | authorized as provided in this Act. | 16 | | "Owners license" means a license to conduct riverboat or | 17 | | casino gambling operations, but does not include an | 18 | | organization gaming license. | 19 | | "Licensed owner" means a person who holds an owners | 20 | | license. | 21 | | "Organization gaming facility" means that portion of an
| 22 | | organization licensee's racetrack facilities at which gaming | 23 | | authorized under Section 7.7 is conducted. | 24 | | "Organization gaming license" means a license issued by | 25 | | the
Illinois Gaming Board under Section 7.7 of this Act | 26 | | authorizing gaming pursuant to that Section at an organization |
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| 1 | | gaming
facility. | 2 | | "Organization gaming licensee" means an entity that holds
| 3 | | an organization gaming license. | 4 | | "Organization licensee" means an entity authorized by the | 5 | | Illinois Racing Board to conduct pari-mutuel wagering in | 6 | | accordance with the Illinois Horse Racing Act of 1975. With | 7 | | respect only to gaming pursuant to an organization gaming | 8 | | license, "organization licensee" includes the authorization | 9 | | for gaming created under subsection (a) of Section 56 of the | 10 | | Illinois Horse Racing Act of 1975. | 11 | | (Source: P.A. 100-391, eff. 8-25-17; 101-31, eff. 6-28-19.)
| 12 | | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| 13 | | Sec. 8. Suppliers licenses.
| 14 | | (a) The Board may issue a suppliers license to such | 15 | | persons, firms or
corporations which apply therefor upon the | 16 | | payment of a non-refundable
application fee set by the Board, | 17 | | upon a determination by the Board that
the applicant is | 18 | | eligible for a suppliers license and upon payment of a
$5,000 | 19 | | annual license
fee.
| 20 | | (b) The holder of a suppliers license is authorized to | 21 | | sell or lease,
and to contract to sell or lease, gambling | 22 | | equipment and supplies to any
licensee involved in the | 23 | | ownership or management of gambling operations.
| 24 | | (c) Gambling supplies and equipment may not be distributed
| 25 | | unless supplies and equipment conform to standards adopted by
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| 1 | | rules of the Board.
| 2 | | (d) A person, firm or corporation is ineligible to receive | 3 | | a suppliers
license if:
| 4 | | (1) the person has been convicted of a felony under | 5 | | the laws of this
State, any other state, or the United | 6 | | States;
| 7 | | (2) the person has been convicted of any violation of | 8 | | Article 28 of the
Criminal Code of 1961 or the Criminal | 9 | | Code of 2012, or substantially similar laws of any other | 10 | | jurisdiction;
| 11 | | (3) the person has submitted an application for a | 12 | | license under this
Act which contains false information;
| 13 | | (4) the person is a member of the Board;
| 14 | | (5) the entity is one in which a person defined in (1),
| 15 | | (2), (3) or (4), is an officer, director or managerial | 16 | | employee;
| 17 | | (6) the firm or corporation employs a person who | 18 | | participates in the
management or operation of gambling | 19 | | authorized under this Act;
| 20 | | (7) the license of the person, firm or corporation | 21 | | issued under
this Act, or a license to own or operate | 22 | | gambling facilities
in any other jurisdiction, has been | 23 | | revoked.
| 24 | | (e) Any person that supplies any equipment, devices, or | 25 | | supplies to a
licensed gambling operation must first obtain a | 26 | | suppliers
license. A supplier shall furnish to the Board a |
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| 1 | | list of all equipment,
devices and supplies offered for sale | 2 | | or lease in connection with gambling
games authorized under | 3 | | this Act. A supplier shall keep books and records
for the | 4 | | furnishing of equipment, devices and supplies to gambling
| 5 | | operations separate and distinct from any other business that | 6 | | the supplier
might operate. A supplier shall file a quarterly | 7 | | return with the Board
listing all sales and leases. A supplier | 8 | | shall permanently affix its name or a distinctive logo or | 9 | | other mark or design element identifying the manufacturer or | 10 | | supplier
to all its equipment, devices, and supplies, except | 11 | | gaming chips without a value impressed, engraved, or imprinted | 12 | | on it, for gambling operations.
The Board may waive this | 13 | | requirement for any specific product or products if it | 14 | | determines that the requirement is not necessary to protect | 15 | | the integrity of the game. Items purchased from a licensed | 16 | | supplier may continue to be used even though the supplier | 17 | | subsequently changes its name, distinctive logo, or other mark | 18 | | or design element; undergoes a change in ownership; or ceases | 19 | | to be licensed as a supplier for any reason. Any supplier's | 20 | | equipment, devices or supplies which are used by any person
in | 21 | | an unauthorized gambling operation shall be forfeited to the | 22 | | State. A holder of an owners license or an organization gaming | 23 | | license may own its own equipment, devices and supplies. Each
| 24 | | holder of an owners license or an organization gaming license | 25 | | under the Act shall file an annual report
listing its | 26 | | inventories of gambling equipment, devices and supplies.
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| 1 | | (f) Any person who knowingly makes a false statement on an | 2 | | application
is guilty of a Class A misdemeanor.
| 3 | | (g) Any gambling equipment, devices and supplies provided | 4 | | by any
licensed supplier may either be repaired on the | 5 | | riverboat, in the casino, or at the organization gaming | 6 | | facility or removed from
the riverboat, casino, or | 7 | | organization gaming facility to a facility owned by the holder | 8 | | of an owners
license, organization gaming license, or | 9 | | suppliers license for repair.
| 10 | | (h) Nothing in this Act shall be interpreted to require a | 11 | | suppliers license for a third-party supplier of an amenities | 12 | | outlet or non-gaming operation or function and such suppliers | 13 | | shall be exempt from licensure. | 14 | | (Source: P.A. 101-31, eff. 6-28-19.)
| 15 | | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| 16 | | Sec. 9. Occupational licenses.
| 17 | | (a) The Board may issue an occupational license to an | 18 | | applicant upon the
payment of a non-refundable fee set by the | 19 | | Board, upon a determination by
the Board that the applicant is | 20 | | eligible for an occupational license and
upon payment of an | 21 | | annual license fee in an amount to be established. To
be | 22 | | eligible for an occupational license, an applicant must:
| 23 | | (1) be at least 21 years of age if the applicant will | 24 | | perform any
function involved in gaming by patrons. Any | 25 | | applicant seeking an
occupational license for a non-gaming |
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| 1 | | function shall be at least 18 years
of age;
| 2 | | (2) not have been convicted of a felony offense, a | 3 | | violation of Article
28 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, or a similar statute of any other
| 5 | | jurisdiction;
| 6 | | (2.5) not have been convicted of a crime, other than a | 7 | | crime described in item (2) of this subsection (a), | 8 | | involving dishonesty or moral turpitude, except that the | 9 | | Board may, in its discretion, issue an occupational | 10 | | license to a person who has been convicted of a crime | 11 | | described in this item (2.5) more than 10 years prior to | 12 | | his or her application and has not subsequently been | 13 | | convicted of any other crime;
| 14 | | (3) have demonstrated a level of skill or knowledge | 15 | | which the Board
determines to be necessary in order to | 16 | | operate gambling aboard a riverboat, in a casino, or at an | 17 | | organization gaming facility; and
| 18 | | (4) have met standards for the holding of an | 19 | | occupational license as
adopted by rules of the Board. | 20 | | Such rules shall provide that any person or
entity seeking | 21 | | an occupational license to manage gambling operations
| 22 | | under this Act shall be subject to background inquiries | 23 | | and further requirements
similar to those required of | 24 | | applicants for an owners license.
Furthermore, such rules | 25 | | shall provide that each such entity shall be
permitted to | 26 | | manage gambling operations for only one licensed owner.
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| 1 | | (b) Each application for an occupational license shall be | 2 | | on forms
prescribed by the Board and shall contain all | 3 | | information required by the
Board. The applicant shall set | 4 | | forth in the application: whether he has been
issued prior | 5 | | gambling related licenses; whether he has been licensed in any
| 6 | | other state under any other name, and, if so, such name and his | 7 | | age; and
whether or not a permit or license issued to him in | 8 | | any other state has
been suspended, restricted or revoked, | 9 | | and, if so, for what period of time.
| 10 | | (c) Each applicant shall submit with his application, on | 11 | | forms provided
by the Board, 2 sets of his fingerprints. The | 12 | | Board shall charge each
applicant a fee set by the Department | 13 | | of State Police to defray the costs
associated with the search | 14 | | and classification of fingerprints obtained by
the Board with | 15 | | respect to the applicant's application. These fees shall be
| 16 | | paid into the State Police Services Fund.
| 17 | | (d) The Board may in its discretion refuse an occupational | 18 | | license to
any person: (1) who is unqualified to perform the | 19 | | duties required of such
applicant; (2) who fails to disclose | 20 | | or states falsely any information
called for in the | 21 | | application; (3) who has been found guilty of a
violation of | 22 | | this Act or whose prior gambling related license or
| 23 | | application therefor has been suspended, restricted, revoked | 24 | | or denied for
just cause in any other state; or (4) for any | 25 | | other just cause.
| 26 | | (e) The Board may suspend, revoke or restrict any |
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| 1 | | occupational licensee:
(1) for violation of any provision of | 2 | | this Act; (2) for violation of any
of the rules and regulations | 3 | | of the Board; (3) for any cause which, if
known to the Board, | 4 | | would have disqualified the applicant from receiving
such | 5 | | license; or (4) for default in the payment of any obligation or | 6 | | debt
due to the State of Illinois; or (5) for any other just | 7 | | cause.
| 8 | | (f) A person who knowingly makes a false statement on an | 9 | | application is
guilty of a Class A misdemeanor.
| 10 | | (g) Any license issued pursuant to this Section shall be | 11 | | valid for a
period of one year from the date of issuance.
| 12 | | (h) Nothing in this Act shall be interpreted to prohibit a | 13 | | licensed
owner or organization gaming licensee from entering | 14 | | into an agreement with a public community college or a school | 15 | | approved under the
Private Business and Vocational Schools Act | 16 | | of 2012 for the training of any
occupational licensee. Any | 17 | | training offered by such a school shall be in
accordance with a | 18 | | written agreement between the licensed owner or organization | 19 | | gaming licensee and the school.
| 20 | | (i) Any training provided for occupational licensees may | 21 | | be conducted
either at the site of the gambling facility or at | 22 | | a school with which a licensed owner or organization gaming | 23 | | licensee has
entered into an agreement pursuant to subsection | 24 | | (h).
| 25 | | (j) Nothing in this Act shall be interpreted to require an | 26 | | occupational license for a person whose duties do not directly |
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| 1 | | involve gaming activities or who is employed exclusively in an | 2 | | amenities outlet or non-gaming operation or function. A person | 3 | | who meets these requirements is exempt from occupational | 4 | | licensure. | 5 | | (Source: P.A. 101-31, eff. 6-28-19.)
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