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92_HB4563ham002
LRB9212061LDtmam03
1 AMENDMENT TO HOUSE BILL 4563
2 AMENDMENT NO. . Amend House Bill 4563, AS AMENDED,
3 with reference to page and line numbers of House Amendment
4 No. 1, on page 1, line 5, by changing "Section" to "Sections
5 7 and"; and
6 on page 1, by inserting the following after line 5:
7 "(230 ILCS 10/7) (from Ch. 120, par. 2407)
8 Sec. 7. Owners Licenses.
9 (a) The Board shall issue owners licenses to persons,
10 firms or corporations which apply for such licenses upon
11 payment to the Board of the non-refundable license fee set by
12 the Board, upon payment of a $25,000 license fee for the
13 first year of operation and a $5,000 license fee for each
14 succeeding year and upon a determination by the Board that
15 the applicant is eligible for an owners license pursuant to
16 this Act and the rules of the Board. A person, firm or
17 corporation is ineligible to receive an owners license if:
18 (1) the person has been convicted of a felony under
19 the laws of this State, any other state, or the United
20 States;
21 (2) the person has been convicted of any violation
22 of Article 28 of the Criminal Code of 1961, or
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1 substantially similar laws of any other jurisdiction;
2 (3) the person has submitted an application for a
3 license under this Act which contains false information;
4 (4) the person is a member of the Board;
5 (5) a person defined in (1), (2), (3) or (4) is an
6 officer, director or managerial employee of the firm or
7 corporation;
8 (6) the firm or corporation employs a person
9 defined in (1), (2), (3) or (4) who participates in the
10 management or operation of gambling operations authorized
11 under this Act;
12 (7) (blank); or
13 (8) a license of the person, firm or corporation
14 issued under this Act, or a license to own or operate
15 gambling facilities in any other jurisdiction, has been
16 revoked.
17 (b) In determining whether to grant an owners license to
18 an applicant, the Board shall consider:
19 (1) the character, reputation, experience and
20 financial integrity of the applicants and of any other or
21 separate person that either:
22 (A) controls, directly or indirectly, such
23 applicant, or
24 (B) is controlled, directly or indirectly, by
25 such applicant or by a person which controls,
26 directly or indirectly, such applicant;
27 (2) the facilities or proposed facilities for the
28 conduct of riverboat gambling;
29 (3) the highest prospective total revenue to be
30 derived by the State from the conduct of riverboat
31 gambling;
32 (4) the good faith affirmative action plan of each
33 applicant to recruit, train and upgrade minorities in all
34 employment classifications;
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1 (5) the financial ability of the applicant to
2 purchase and maintain adequate liability and casualty
3 insurance;
4 (6) whether the applicant has adequate
5 capitalization to provide and maintain, for the duration
6 of a license, a riverboat; and
7 (7) the extent to which the applicant exceeds or
8 meets other standards for the issuance of an owners
9 license which the Board may adopt by rule.
10 (c) Each owners license shall specify the place where
11 riverboats shall operate and dock.
12 (d) Each applicant shall submit with his application, on
13 forms provided by the Board, 2 sets of his fingerprints.
14 (e) The Board may issue up to 10 licenses authorizing
15 the holders of such licenses to own riverboats. In the
16 application for an owners license, the applicant shall state
17 the dock at which the riverboat is based and the water on
18 which the riverboat will be located. The Board shall issue 5
19 licenses to become effective not earlier than January 1,
20 1991. Three of such licenses shall authorize riverboat
21 gambling on the Mississippi River, one of which shall
22 authorize riverboat gambling from a home dock in the city of
23 East St. Louis. One other license shall authorize riverboat
24 gambling on the Illinois River south of Marshall County. The
25 Board shall issue 1 additional license to become effective
26 not earlier than March 1, 1992, which shall authorize
27 riverboat gambling on the Des Plaines River in Will County.
28 The Board may issue 4 additional licenses to become effective
29 not earlier than March 1, 1992. In determining the water
30 upon which riverboats will operate, the Board shall consider
31 the economic benefit which riverboat gambling confers on the
32 State, and shall seek to assure that all regions of the State
33 share in the economic benefits of riverboat gambling.
34 In granting all licenses, the Board may give favorable
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1 consideration to economically depressed areas of the State,
2 to applicants presenting plans which provide for significant
3 economic development over a large geographic area, and to
4 applicants who currently operate non-gambling riverboats in
5 Illinois. The Board shall review all applications for owners
6 licenses, and shall inform each applicant of the Board's
7 decision.
8 The Board may revoke the owners license of a licensee
9 which fails to begin conducting gambling within 15 months of
10 receipt of the Board's approval of the application if the
11 Board determines that license revocation is in the best
12 interests of the State.
13 (f) The first 10 owners licenses issued under this Act
14 shall permit the holder to own up to 2 riverboats and
15 equipment thereon for a period of 3 years after the effective
16 date of the license. Holders of the first 10 owners licenses
17 must pay the annual license fee for each of the 3 years
18 during which they are authorized to own riverboats.
19 (g) Upon the termination, expiration, or revocation of
20 each of the first 10 licenses, which shall be issued for a 3
21 year period, all licenses are renewable annually upon payment
22 of the fee and a determination by the Board that the licensee
23 continues to meet all of the requirements of this Act and the
24 Board's rules. However, for licenses renewed on or after May
25 1, 1998, renewal shall be for a period of 4 years, unless the
26 Board sets a shorter period.
27 (h) An owners license shall entitle the licensee to own
28 up to 2 riverboats. A licensee shall limit the number of
29 gambling participants to 2,000 1,200 for any such owners
30 license. A licensee may operate both of its riverboats
31 concurrently, provided that the total number of gambling
32 participants on both riverboats does not exceed 2,000 1,200.
33 Riverboats licensed to operate on the Mississippi River and
34 the Illinois River south of Marshall County shall have an
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1 authorized capacity of at least 500 persons. Any other
2 riverboat licensed under this Act shall have an authorized
3 capacity of at least 400 persons.
4 (i) A licensed owner is authorized to apply to the Board
5 for and, if approved therefor, to receive all licenses from
6 the Board necessary for the operation of a riverboat,
7 including a liquor license, a license to prepare and serve
8 food for human consumption, and other necessary licenses.
9 All use, occupation and excise taxes which apply to the sale
10 of food and beverages in this State and all taxes imposed on
11 the sale or use of tangible personal property apply to such
12 sales aboard the riverboat.
13 (j) The Board may issue a license authorizing a
14 riverboat to dock in a municipality or approve a relocation
15 under Section 11.2 only if, prior to the issuance of the
16 license or approval, the governing body of the municipality
17 in which the riverboat will dock has by a majority vote
18 approved the docking of riverboats in the municipality. The
19 Board may issue a license authorizing a riverboat to dock in
20 areas of a county outside any municipality or approve a
21 relocation under Section 11.2 only if, prior to the issuance
22 of the license or approval, the governing body of the county
23 has by a majority vote approved of the docking of riverboats
24 within such areas.
25 (Source: P.A. 91-40, eff. 6-25-99.)"; and
26 on page 3, after line 23 by inserting the following:
27 "(c-30) After the payments required under subsections
28 (b), (c), (c-5), (c-15), and (c-25) have been made, an
29 aggregate amount equal to 1% of the adjusted gross receipts
30 of a riverboat less an amount equal to the amount paid to the
31 unit of local government that is designated as the home dock
32 of the riverboat pursuant to subsection (b), shall be paid
33 monthly, subject to appropriation by the General Assembly,
34 from the State Gaming Fund to blighted municipalities other
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1 than the municipality in which the riverboat docks, if the
2 riverboat docks within the boundaries of a municipality, that
3 are located in the county in which the riverboat docks based
4 on the proportion that the population of each of those
5 blighted municipalities bears to the total population of
6 blighted municipalities in the county, other than the home
7 dock municipality. For the purpose of this subsection (c-30),
8 the term "blighted municipality" means a municipality that is
9 in the bottom 10% of all the municipalities in the county in
10 average median income or employment rate.".