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Public Act 098-0644 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing Section | ||||
9-7 as follows:
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(10 ILCS 5/9-7) (from Ch. 46, par. 9-7)
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Sec. 9-7. Records and accounts. | ||||
(1) Except as provided in subsection (2), the treasurer of | ||||
a political committee shall keep a detailed and exact
account | ||||
of-
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(a) the total of all contributions made to or for the | ||||
committee;
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(b) the full name and mailing address of every person | ||||
making a
contribution and the date and amount thereof;
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(c) the total of all expenditures made by or on behalf | ||||
of the committee;
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(d) the full name and mailing address of every person | ||||
to whom any
expenditure is made, and the date and amount | ||||
thereof;
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(e) proof of payment, stating the particulars, for | ||||
every expenditure made by or on behalf of the committee.
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The treasurer shall preserve all records and accounts | ||||
required
by this section for a period of 2 years. |
(2) The treasurer of a political committee shall keep a | ||
detailed and exact account of the total amount of contributions | ||
made to or for a committee at an event licensed under Section | ||
8.1 of the Raffles and Poker Runs Act. For an event licensed | ||
under Section 8.1, the treasurer is not required to keep a | ||
detailed and exact account of the full name and mailing address | ||
of a person who purchases tickets at the event in an amount | ||
that does not exceed $150.
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(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
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Section 10. The Raffles Act is amended by changing Sections | ||
0.01, 1, 2, 3, 4, 5, 6, and 8 as follows:
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(230 ILCS 15/0.01) (from Ch. 85, par. 2300)
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Sec. 0.01. Short title. This Act may be cited as the
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Raffles and Poker Runs Act.
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(Source: P.A. 86-1324.)
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(230 ILCS 15/1) (from Ch. 85, par. 2301)
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Sec. 1. Definitions. ) For the purposes of this Act the | ||
terms defined
in this Section have the meanings given them.
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"Net Proceeds" means the gross receipts from the conduct of | ||
raffles, less
reasonable sums expended for prizes, local | ||
license fees and other reasonable
operating expenses incurred | ||
as a result of operating a raffle or poker run .
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"Key location" means the location where the poker run |
concludes and the prize or prizes are awarded. | ||
"Poker run" means an event organized by an organization | ||
licensed under this Act in which participants travel to | ||
multiple predetermined locations, including a key location, | ||
drawing a playing card or equivalent item at each location, in | ||
order to assemble a facsimile of a poker hand or other numeric | ||
score. "Poker run" includes dice runs, marble runs, or other | ||
events where the objective is to build the best hand or highest | ||
score by obtaining an item at each location. | ||
"Raffle" means a form of lottery, as defined in Section | ||
28-2(b) of the
Criminal Code of 2012, conducted by an | ||
organization licensed under this Act, in which:
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(1) the player pays or agrees to pay something of value | ||
for a chance,
represented and differentiated by a number or | ||
by a combination of numbers
or by some other medium, one or | ||
more of which chances is to be designated
the winning | ||
chance;
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(2) the winning chance is to be determined through a | ||
drawing or by some
other method based on an element of | ||
chance by an act or set of acts on the
part of persons | ||
conducting or connected with the lottery, except that the
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winning chance shall not be determined by the outcome of a | ||
publicly exhibited
sporting contest.
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(Source: P.A. 97-1150, eff. 1-25-13.)
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(230 ILCS 15/2) (from Ch. 85, par. 2302)
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Sec. 2. Licensing. | ||
(a) The governing body of any county or municipality
within | ||
this State may establish a system for the licensing of | ||
organizations
to operate raffles. The governing bodies of a | ||
county and one or more
municipalities may, pursuant to a | ||
written contract, jointly establish a
system for the licensing | ||
of organizations to operate raffles within any
area of | ||
contiguous territory not contained within the corporate limits | ||
of a
municipality which is not a party to such contract. The | ||
governing bodies
of two or more adjacent counties or two or | ||
more adjacent municipalities
located within a county may, | ||
pursuant to a written contract, jointly
establish a system for | ||
the licensing of organizations to operate raffles
within the | ||
corporate limits of such counties or municipalities. The
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licensing authority may establish special categories of | ||
licenses and
promulgate rules relating to the various | ||
categories. The licensing system
shall provide for limitations | ||
upon (1) the aggregate retail value of all
prizes or | ||
merchandise awarded by a licensee in a single raffle, (2) the
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maximum retail value of each prize awarded by a licensee in a | ||
single raffle,
(3) the maximum price which may be charged for | ||
each raffle chance issued
or sold and (4) the maximum number of | ||
days during which chances may be issued
or sold. The licensing | ||
system may include a fee for each license in an
amount to be | ||
determined by the local governing body. Licenses issued | ||
pursuant
to this Act shall be valid for one raffle or for a |
specified number of
raffles to be conducted during a specified | ||
period not to exceed one year
and may be suspended or revoked
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for any violation of this Act. A local governing body shall act | ||
on a license
application within 30 days from the date of | ||
application. Nothing in this
Act shall be construed to prohibit | ||
a county or municipality from adopting
rules or ordinances for | ||
the operation of raffles that are more restrictive
than | ||
provided for in this Act. The governing body of a municipality | ||
may
authorize the sale of raffle chances only within the | ||
borders of the
municipality. The governing body of the county | ||
may authorize the sale of
raffle chances only in those areas | ||
which are both within the borders of the
county and outside the | ||
borders of any municipality.
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(a-5) The governing body of any county within this State | ||
may establish a system for the licensing of organizations to | ||
operate poker runs. The governing bodies of 2 or more adjacent | ||
counties may, pursuant to a written contract, jointly establish | ||
a system for the licensing of organizations to operate poker | ||
runs within the corporate limits of such counties. The | ||
licensing authority may establish special categories of | ||
licenses and adopt rules relating to the various categories. | ||
The licensing system may include a fee not to exceed $25 for | ||
each license. Licenses issued pursuant to this Act shall be | ||
valid for one poker run or for a specified number of poker runs | ||
to be conducted during a specified period not to exceed one | ||
year and may be suspended or revoked for any violation of this |
Act. A local governing body shall act on a license application | ||
within 30 days after the date of application. | ||
(b) Licenses shall be issued only to bona fide religious, | ||
charitable,
labor, business, fraternal, educational or | ||
veterans' organizations that
operate without profit to their | ||
members and which have been in existence
continuously for a | ||
period of 5 years immediately before making application
for a | ||
license and which have had during that entire 5 year period a | ||
bona
fide membership engaged in carrying out their objects, or | ||
to a non-profit
fundraising organization that the licensing | ||
authority determines is
organized for the sole purpose of | ||
providing financial assistance to an
identified individual or | ||
group of individuals suffering extreme financial
hardship as | ||
the result of an illness, disability, accident or disaster. A | ||
licensing authority may waive the 5-year requirement under this | ||
subsection (b) for a bona fide religious, charitable, labor, | ||
business, fraternal, educational, or veterans' organization | ||
that applies for a license to conduct a poker run if the | ||
organization is a local organization that is affiliated with | ||
and chartered by a national or State organization that meets | ||
the 5-year requirement.
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For purposes of this Act, the following definitions apply. | ||
Non-profit:
An organization or institution organized and | ||
conducted on a not-for-profit
basis with no personal profit | ||
inuring to any one as a result of the operation.
Charitable: An | ||
organization or institution organized and operated to benefit
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an indefinite number of the public. The service rendered to | ||
those eligible
for benefits must also confer some benefit on | ||
the public. Educational:
An organization or institution | ||
organized and operated to provide systematic
instruction in | ||
useful branches of learning by methods common to schools
and | ||
institutions of learning which compare favorably in their scope | ||
and
intensity with the course of study presented in | ||
tax-supported schools.
Religious: Any church, congregation, | ||
society, or organization founded for
the purpose of religious | ||
worship. Fraternal: An organization of persons
having a common | ||
interest, the primary interest of which is to both promote
the | ||
welfare of its members and to provide assistance to the general | ||
public
in such a way as to lessen the burdens of government by | ||
caring for those
that otherwise would be cared for by the | ||
government. Veterans: An organization
or association comprised | ||
of members of which substantially all are individuals
who are | ||
veterans or spouses, widows, or widowers of veterans, the | ||
primary
purpose of which is to promote the welfare of its | ||
members and to provide
assistance to the general public in such | ||
a way as to confer a public benefit.
Labor: An organization | ||
composed of workers organized with the objective
of betterment | ||
of the conditions of those engaged in such pursuit and the
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development of a higher degree of efficiency in their | ||
respective occupations.
Business: A voluntary organization | ||
composed of individuals and businesses
who have joined together | ||
to advance the commercial, financial, industrial
and civic |
interests of a community.
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(c) Poker runs shall be licensed by the governing body with | ||
jurisdiction over the key location. The license granted by the | ||
key location shall cover the entire poker run, including | ||
locations other than the key location. Each license issued | ||
shall include the name and address of each predetermined | ||
location. | ||
(Source: P.A. 86-820.)
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(230 ILCS 15/3) (from Ch. 85, par. 2303)
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Sec. 3.
License - Application - Issuance - Restrictions - | ||
Persons
ineligible. Licenses issued by the governing body of | ||
any county or municipality are
subject to the following | ||
restrictions:
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(1) No person, firm or corporation shall conduct raffles or | ||
chances or poker runs without
having first obtained a license | ||
therefor pursuant to this Act.
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(2) The license and application for license must specify | ||
the area or areas
within the licensing authority in which | ||
raffle chances will be sold or issued or a poker run will be | ||
conducted ,
the time period during which raffle chances will be | ||
sold or issued or a poker run will be conducted , the
time of | ||
determination of winning chances and the location or locations | ||
at
which winning chances will be determined.
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(3) The license application must contain a sworn statement | ||
attesting to
the not-for-profit character of the prospective |
licensee organization, signed
by the presiding officer and the | ||
secretary of that organization.
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(4) The application for license shall be prepared in | ||
accordance with the
ordinance of the local governmental unit.
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(5) A license authorizes the licensee to conduct raffles or | ||
poker runs as defined in
this Act.
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The following are ineligible for any license under this | ||
Act:
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(a) any person who has been convicted of a felony;
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(b) any person who is or has been a professional gambler or | ||
gambling promoter;
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(c) any person who is not of good moral character;
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(d) any firm or corporation in which a person defined in | ||
(a), (b) or (c)
has a proprietary, equitable or credit | ||
interest, or in which such a person
is active or employed;
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(e) any organization in which a person defined in (a), (b) | ||
or (c) is an
officer, director, or employee, whether | ||
compensated or not;
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(f) any organization in which a person defined in (a), (b) | ||
or (c) is to
participate in the management or operation of a | ||
raffle as defined in this Act.
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(Source: P.A. 85-160.)
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(230 ILCS 15/4) (from Ch. 85, par. 2304)
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Sec. 4. Conduct of raffles and poker runs .
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(a) The conducting of raffles and poker runs is subject to |
the following restrictions:
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(1) The entire net proceeds of any raffle or poker run | ||
must be exclusively devoted
to the lawful purposes of the | ||
organization permitted to conduct that game.
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(2) No person except a bona fide member of the | ||
sponsoring organization
may participate in the management | ||
or operation of the raffle or poker run .
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(3) No person may receive any remuneration or profit | ||
for participating
in the management or operation of the | ||
raffle or poker run .
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(4) A licensee may rent a premises on which to | ||
determine the winning
chance or chances in a raffle only | ||
from an organization which is also licensed
under this Act. | ||
A premises where a poker run is held is not required to | ||
obtain a license if the name and location of the premises | ||
is listed as a predetermined location on the license issued | ||
for the poker run and the premises does not charge for use | ||
of the premises.
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(5) Raffle chances may be sold or issued only within | ||
the area specified
on the license and winning chances may | ||
be determined only at those locations
specified on the | ||
license for a raffle .
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(6) A person under the age of 18 years may participate | ||
in the conducting
of raffles or chances or poker runs only | ||
with the permission of a parent or guardian.
A person under | ||
the age of 18 years may be within the area where winning |
chances in a raffle or winning hands or scores in a poker | ||
run
are being determined only when accompanied by his | ||
parent or guardian.
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(b) If a lessor rents premises where a winning chance or | ||
chances on a
raffle or a winning hand or score in a poker run is | ||
are determined, the lessor shall not be criminally liable if | ||
the
person who uses the premises for the determining of winning | ||
chances does not
hold a license issued by the governing body of | ||
any county or municipality
under the provisions of this Act.
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(Source: P.A. 87-1271.)
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(230 ILCS 15/5) (from Ch. 85, par. 2305)
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Sec. 5. Manager; bond Raffles - manager - bond . All | ||
operation of and the conduct
of raffles and poker runs shall be | ||
under the supervision of a single raffles manager
designated by | ||
the organization. The manager shall give a fidelity bond in an
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amount determined by the licensing authority in favor of the
| ||
organization conditioned upon his honesty in the performance of | ||
his duties.
Terms of the bond shall provide that notice shall | ||
be given in writing to the
licensing authority not less than 30 | ||
days prior to its cancellation. The
governing body of a local | ||
unit of government may waive this bond requirement by
including | ||
a waiver provision in the license issued to an organization | ||
under
this Act, provided that a license containing such waiver | ||
provision shall be
granted only by unanimous vote of the | ||
members of the licensed organization.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(230 ILCS 15/6) (from Ch. 85, par. 2306)
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Sec. 6.
Records. ) | ||
(a) Each organization licensed to conduct raffles and
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chances or poker run events shall keep records of its gross | ||
receipts, expenses and net proceeds
for each single gathering | ||
or occasion at which winning chances in a raffle or winning | ||
hands or scores in a poker run are determined.
All deductions | ||
from gross receipts for each single gathering or occasion
shall | ||
be documented with receipts or other records indicating the | ||
amount,
a description of the purchased item or service or other | ||
reason for the deduction,
and the recipient. The distribution | ||
of net proceeds shall be itemized as
to payee, purpose, amount | ||
and date of payment.
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(b) Gross receipts from the operation of raffles programs | ||
or poker runs shall be segregated
from other revenues of the | ||
organization, including bingo gross receipts,
if bingo games | ||
are also conducted by the same nonprofit organization pursuant
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to license therefor issued by the Department of Revenue of the | ||
State of
Illinois, and placed in a separate account. Each | ||
organization shall have
separate records of its raffles and | ||
poker runs . The person who accounts for gross receipts,
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expenses and net proceeds from the operation of raffles or | ||
poker runs shall not be the
same person who accounts for other | ||
revenues of the organization.
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(c) Each organization licensed to conduct raffles or poker | ||
runs shall report promptly
after the conclusion of each raffle | ||
or poker run
to its membership, and to the licensing local unit | ||
of government, its gross
receipts, expenses and net proceeds | ||
from raffles or poker runs , and the distribution of
net | ||
proceeds itemized as required in this Section.
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(d) Records required by this Section shall be preserved for | ||
3 years, and
organizations shall make available their records | ||
relating to operation of
raffles or poker runs for public | ||
inspection at reasonable times and places.
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(Source: P.A. 82-711.)
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(230 ILCS 15/8) (from Ch. 85, par. 2308)
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Sec. 8.
Nothing in this Act shall be construed to authorize | ||
the conducting
or operating of any gambling scheme, enterprise, | ||
activity or device other
than raffles or poker runs as provided | ||
for herein.
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(Source: P.A. 81-1365.)
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Section 15. The Charitable Games Act is amended by changing | ||
Section 2 as follows:
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(230 ILCS 30/2) (from Ch. 120, par. 1122)
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Sec. 2. Definitions. For purposes of this Act, the | ||
following definitions
apply:
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"Charitable games" means the 14 games of chance involving |
cards, dice, wheels, random selection of numbers, and gambling | ||
tickets which may be conducted at charitable games events | ||
listed as follows: roulette, blackjack, poker, pull tabs, | ||
craps, bang, beat the dealer, big six, gin rummy, five card | ||
stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | ||
wheel. | ||
"Charitable games event" or "event" means the type of | ||
fundraising event authorized by the Act at which participants | ||
pay to play charitable games for the chance of winning cash or | ||
noncash prizes. "Charitable games event" or "event" includes a | ||
poker run. | ||
"Charitable organization" means an organization or | ||
institution organized and operated to benefit an indefinite | ||
number of the public. | ||
"Chips" means scrip, play money, poker or casino chips, or | ||
any other representations of money, used to make wagers on the | ||
outcome of any charitable game. | ||
"Department" means the Department of Revenue.
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"Educational organization" means an organization or | ||
institution organized and operated to provide systematic | ||
instruction in useful branches of learning by methods common to | ||
schools and institutions of learning which compare favorably in | ||
their scope and intensity with the course of study presented in | ||
tax-supported schools. | ||
"Fraternal organization" means an organization of persons | ||
having a common interest that is organized and operated |
exclusively to promote the welfare of its members and to | ||
benefit the general public on a continuing and consistent | ||
basis, including but not limited to ethnic organizations.
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"Labor organization" means an organization composed of | ||
labor unions or
workers organized with the objective of | ||
betterment of the conditions of
those engaged in such pursuit | ||
and the development of a higher degree of
efficiency in their | ||
respective occupations.
| ||
"Licensed organization" means a qualified organization | ||
that has obtained a license to conduct a charitable games event | ||
in conformance with the provisions of this Act. | ||
"Non-profit organization" means an organization or | ||
institution organized and conducted on a not-for-profit basis | ||
with no personal profit inuring to anyone as a result of the | ||
operation.
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"Organization" means a : A corporation, agency, | ||
partnership,
association, firm, business, or other entity | ||
consisting of 2 or more persons joined by
a common interest or | ||
purpose.
| ||
"Person" means any natural individual, corporation, | ||
partnership, limited
liability company, organization as | ||
defined in this
Section, qualified organization, licensed | ||
organization, licensee under this Act, or volunteer.
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"Poker run" means an event organized by a sponsoring | ||
organization in which participants travel to 5 or more | ||
predetermined locations, drawing a playing card or equivalent |
item at each location, in order to assemble a facsimile of a | ||
poker hand or other numeric score. "Poker run" includes dice | ||
runs, marble runs, or other events where the objective is to | ||
build the best hand or highest score by obtaining an item at | ||
each location. | ||
"Premises" means a distinct parcel of land and the | ||
buildings thereon. | ||
"Provider" means the person or organization owning, | ||
leasing, or controlling premises upon which any charitable | ||
games event is to be conducted.
| ||
"Qualified organization" means:
| ||
(a) a charitable, religious, fraternal, veterans, | ||
labor, educational
organization, or other institution | ||
organized and conducted on a not-for-profit
basis with no | ||
personal profit inuring to anyone as a result of the
| ||
operation and which is exempt from federal income taxation | ||
under Sections
501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), | ||
501(c)(10) or 501(c)(19) of the
Internal Revenue Code;
| ||
(b) a veterans organization as defined in Section 1.1
| ||
of the
"Bingo License and Tax Act" organized
and conducted | ||
on a not-for-profit basis with no personal profit inuring | ||
to
anyone as a result of the operation; or
| ||
(c) An auxiliary organization of a veterans | ||
organization.
| ||
"Religious organization" means any church, congregation, | ||
society, or organization founded for the purpose of religious |
worship. | ||
"Sponsoring organization" means a qualified organization | ||
that has obtained a
license to conduct a charitable games event | ||
in conformance with the provisions
of this Act.
| ||
"Supplier" means any person, firm, or corporation that | ||
sells, leases, lends, distributes, or otherwise provides to any | ||
organization licensed to conduct charitable games events in | ||
Illinois any charitable games equipment.
| ||
"Veterans' organization" means an organization comprised | ||
of members of which substantially all are individuals who are | ||
veterans or spouses, widows, or widowers of veterans, the | ||
primary purpose of which is to promote the welfare of its | ||
members and to provide assistance to the general public in such | ||
a way as to confer a public benefit. | ||
"Volunteer" means a person recruited by a licensed | ||
organization who voluntarily performs services at a charitable | ||
games event, including participation in the management or | ||
operation of a game, as defined in Section 8.
| ||
(Source: P.A. 98-426, eff. 8-16-13.)
| ||
Section 20. The Liquor Control Act of 1934 is amended by | ||
changing Section 6-2 as follows:
| ||
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||
Sec. 6-2. Issuance of licenses to certain persons | ||
prohibited.
|
(a) Except as otherwise provided in subsection (b) of this | ||
Section and in paragraph (1) of subsection (a) of Section 3-12, | ||
no license
of any kind issued by the State Commission or any | ||
local
commission shall be issued to:
| ||
(1) A person who is not a resident of any city, village | ||
or county in
which the premises covered by the license are | ||
located; except in case of
railroad or boat licenses.
| ||
(2) A person who is not of good character and | ||
reputation in the
community in which he resides.
| ||
(3) A person who is not a citizen of the United States.
| ||
(4) A person who has been convicted of a felony under | ||
any Federal or
State law, unless the Commission determines | ||
that such
person has been sufficiently rehabilitated to | ||
warrant the public trust
after considering matters set | ||
forth in such person's application and the
Commission's | ||
investigation. The burden of proof of sufficient
| ||
rehabilitation shall be on the applicant.
| ||
(5) A person who has been convicted of keeping a place | ||
of prostitution or keeping a place of juvenile | ||
prostitution, promoting prostitution that involves keeping | ||
a place of prostitution, or promoting juvenile | ||
prostitution that involves keeping a place of juvenile | ||
prostitution.
| ||
(6) A person who has been convicted of pandering or | ||
other crime or
misdemeanor opposed to decency and morality.
| ||
(7) A person whose license issued under this Act has |
been revoked for
cause.
| ||
(8) A person who at the time of application for renewal | ||
of any license
issued hereunder would not be eligible for | ||
such license upon a first
application.
| ||
(9) A copartnership, if any general partnership | ||
thereof, or any
limited partnership thereof, owning more | ||
than 5% of the aggregate limited
partner interest in such | ||
copartnership would not be eligible to receive a
license | ||
hereunder for any reason other than residence within the | ||
political
subdivision, unless residency is required by | ||
local ordinance.
| ||
(10) A corporation or limited liability company, if any | ||
member, officer, manager or director thereof, or
any | ||
stockholder or stockholders owning in the aggregate more | ||
than 5% of the
stock of such corporation, would not be | ||
eligible to receive a license
hereunder for any reason | ||
other than citizenship and residence within the
political | ||
subdivision.
| ||
(10a) A corporation or limited liability company | ||
unless it is incorporated or organized in Illinois, or | ||
unless it
is a foreign corporation or foreign limited | ||
liability company which is qualified under the Business
| ||
Corporation Act of 1983 or the Limited Liability Company | ||
Act to transact business in Illinois. The Commission shall | ||
permit and accept from an applicant for a license under | ||
this Act proof prepared from the Secretary of State's |
website that the corporation or limited liability company | ||
is in good standing and is qualified under the Business
| ||
Corporation Act of 1983 or the Limited Liability Company | ||
Act to transact business in Illinois.
| ||
(11) A person whose place of business is conducted by a | ||
manager or agent
unless the manager or agent possesses the | ||
same qualifications required by
the licensee.
| ||
(12) A person who has been convicted of a violation of | ||
any Federal or
State law concerning the manufacture, | ||
possession or sale of alcoholic
liquor, subsequent to the | ||
passage of this Act or has forfeited his bond to
appear in | ||
court to answer charges for any such violation.
| ||
(13) A person who does not beneficially own the | ||
premises for which a
license is sought, or does not have a | ||
lease thereon for the full period for
which the license is | ||
to be issued.
| ||
(14) Any law enforcing public official, including | ||
members
of local liquor control commissions,
any mayor, | ||
alderman, or member of the
city council or commission, any | ||
president of the village board of trustees,
any member of a | ||
village board of trustees, or any president or member of a
| ||
county board; and no such official shall have a direct | ||
interest in the
manufacture, sale, or distribution of | ||
alcoholic liquor, except that a
license
may be granted to | ||
such official in relation to premises that are
not
located | ||
within the territory subject to the jurisdiction of that |
official
if the issuance of such license is approved by the | ||
State Liquor Control
Commission
and except that a license | ||
may be granted, in a city or village with a
population of | ||
55,000 or less, to any alderman, member of a city council, | ||
or
member of a village board of trustees in relation to | ||
premises that are located
within the territory
subject to | ||
the jurisdiction of that official if (i) the sale of | ||
alcoholic
liquor pursuant to the license is incidental to | ||
the selling of food, (ii) the
issuance of the license is | ||
approved by the State Commission, (iii) the
issuance of the | ||
license is in accordance with all applicable local | ||
ordinances
in effect where the premises are located, and | ||
(iv) the official granted a
license does not vote on | ||
alcoholic liquor issues pending before the board or
council | ||
to which the license holder is elected. Notwithstanding any | ||
provision of this paragraph (14) to the contrary, an | ||
alderman or member of a city council or commission, a | ||
member of a village board of trustees other than the | ||
president of the village board of trustees, or a member of | ||
a county board other than the president of a county board | ||
may have a direct interest in the manufacture, sale, or | ||
distribution of alcoholic liquor as long as he or she is | ||
not a law enforcing public official, a mayor, a village | ||
board president, or president of a county board. To prevent | ||
any conflict of interest, the elected official with the | ||
direct interest in the manufacture, sale, or distribution |
of alcoholic liquor shall not participate in any meetings, | ||
hearings, or decisions on matters impacting the | ||
manufacture, sale, or distribution of alcoholic liquor. | ||
Furthermore, the mayor of a city with a population of | ||
55,000 or less or the president of a village with a | ||
population of 55,000 or less may have an interest in the | ||
manufacture, sale, or distribution of alcoholic liquor as | ||
long as the council or board over which he or she presides | ||
has made a local liquor control commissioner appointment | ||
that complies with the requirements of Section 4-2 of this | ||
Act.
| ||
(15) A person who is not a beneficial owner of the | ||
business to be
operated by the licensee.
| ||
(16) A person who has been convicted of a gambling | ||
offense as
proscribed by any of subsections (a) (3) through | ||
(a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||
28-1.1 or 28-3 of, the Criminal Code of
1961 or the | ||
Criminal Code of 2012, or as proscribed by a
statute
| ||
replaced by any of the aforesaid statutory provisions.
| ||
(17) A person or entity to whom a federal wagering | ||
stamp has been
issued by the
federal government, unless the | ||
person or entity is eligible to be issued a
license under | ||
the Raffles and Poker Runs Act or the Illinois Pull Tabs | ||
and Jar Games Act.
| ||
(18) A person who intends to sell alcoholic liquors for | ||
use or
consumption on his or her licensed retail premises |
who does not have liquor
liability insurance coverage for | ||
that premises in an amount that is at least
equal to the | ||
maximum liability amounts set out in subsection (a) of | ||
Section
6-21.
| ||
(19) A person who is licensed by any licensing | ||
authority as a manufacturer of beer, or any partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form | ||
of business enterprise licensed as a manufacturer of beer, | ||
having any legal, equitable, or beneficial interest, | ||
directly or indirectly, in a person licensed in this State | ||
as a distributor or importing distributor. For purposes of | ||
this paragraph (19), a person who is licensed by any | ||
licensing authority as a "manufacturer of beer" shall also | ||
mean a brewer and a non-resident dealer who is also a | ||
manufacturer of beer, including a partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form | ||
of business enterprise licensed as a manufacturer of beer. | ||
(20) A person who is licensed in this State as a | ||
distributor or importing distributor, or any partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form | ||
of business enterprise licensed in this State as a | ||
distributor or importing distributor having any legal, | ||
equitable, or beneficial interest, directly or indirectly, |
in a person licensed as a manufacturer of beer by any | ||
licensing authority, or any partnership, corporation, | ||
limited liability company, or trust or any subsidiary, | ||
affiliate, or agent thereof, or any other form of business | ||
enterprise, except for a person who owns, on or after the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly, no more than 5% of the outstanding shares of a | ||
manufacturer of beer whose shares are publicly traded on an | ||
exchange within the meaning of the Securities Exchange Act | ||
of 1934. For the purposes of this paragraph (20), a person | ||
who is licensed by any licensing authority as a | ||
"manufacturer of beer" shall also mean a brewer and a | ||
non-resident dealer who is also a manufacturer of beer, | ||
including a partnership, corporation, limited liability | ||
company, or trust or any subsidiary, affiliate, or agent | ||
thereof, or any other form of business enterprise licensed | ||
as a manufacturer of beer. | ||
(b) A criminal conviction of a corporation is not grounds | ||
for the
denial, suspension, or revocation of a license applied | ||
for or held by the
corporation if the criminal conviction was | ||
not the result of a violation of any
federal or State law | ||
concerning the manufacture, possession or sale of
alcoholic | ||
liquor, the offense that led to the conviction did not result | ||
in any
financial gain to the corporation and the corporation | ||
has terminated its
relationship with each director, officer, | ||
employee, or controlling shareholder
whose actions directly |
contributed to the conviction of the corporation. The
| ||
Commission shall determine if all provisions of this subsection | ||
(b) have been
met before any action on the corporation's | ||
license is initiated.
| ||
(Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13; | ||
98-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)
| ||
Section 25. The Criminal Code of 2012 is amended by | ||
changing Sections 28-1 and 28-1.1 as follows:
| ||
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||
Sec. 28-1. Gambling.
| ||
(a) A person commits gambling when he or she:
| ||
(1) knowingly plays a game of chance or skill for money | ||
or other thing of
value, unless excepted in subsection (b) | ||
of this Section;
| ||
(2) knowingly makes a wager upon the result of any | ||
game, contest, or any
political nomination, appointment or | ||
election;
| ||
(3) knowingly operates, keeps, owns, uses, purchases, | ||
exhibits, rents, sells,
bargains for the sale or lease of, | ||
manufactures or distributes any
gambling device;
| ||
(4) contracts to have or give himself or herself or | ||
another the option to buy
or sell, or contracts to buy or | ||
sell, at a future time, any grain or
other commodity | ||
whatsoever, or any stock or security of any company,
where |
it is at the time of making such contract intended by both | ||
parties
thereto that the contract to buy or sell, or the | ||
option, whenever
exercised, or the contract resulting | ||
therefrom, shall be settled, not by
the receipt or delivery | ||
of such property, but by the payment only of
differences in | ||
prices thereof; however, the issuance, purchase, sale,
| ||
exercise, endorsement or guarantee, by or through a person | ||
registered
with the Secretary of State pursuant to Section | ||
8 of the Illinois
Securities Law of 1953, or by or through | ||
a person exempt from such
registration under said Section | ||
8, of a put, call, or other option to
buy or sell | ||
securities which have been registered with the Secretary of
| ||
State or which are exempt from such registration under | ||
Section 3 of the
Illinois Securities Law of 1953 is not | ||
gambling within the meaning of
this paragraph (4);
| ||
(5) knowingly owns or possesses any book, instrument or | ||
apparatus by
means of which bets or wagers have been, or | ||
are, recorded or registered,
or knowingly possesses any | ||
money which he has received in the course of
a bet or | ||
wager;
| ||
(6) knowingly sells pools upon the result of any game | ||
or contest of skill or
chance, political nomination, | ||
appointment or election;
| ||
(7) knowingly sets up or promotes any lottery or sells, | ||
offers to sell or
transfers any ticket or share for any | ||
lottery;
|
(8) knowingly sets up or promotes any policy game or | ||
sells, offers to sell or
knowingly possesses or transfers | ||
any policy ticket, slip, record,
document or other similar | ||
device;
| ||
(9) knowingly drafts, prints or publishes any lottery | ||
ticket or share,
or any policy ticket, slip, record, | ||
document or similar device, except for
such activity | ||
related to lotteries, bingo games and raffles authorized by
| ||
and conducted in accordance with the laws of Illinois or | ||
any other state or
foreign government;
| ||
(10) knowingly advertises any lottery or policy game, | ||
except for such
activity related to lotteries, bingo games | ||
and raffles authorized by and
conducted in accordance with | ||
the laws of Illinois or any other state;
| ||
(11) knowingly transmits information as to wagers, | ||
betting odds, or
changes in betting odds by telephone, | ||
telegraph, radio, semaphore or
similar means; or knowingly | ||
installs or maintains equipment for the
transmission or | ||
receipt of such information; except that nothing in this
| ||
subdivision (11) prohibits transmission or receipt of such | ||
information
for use in news reporting of sporting events or | ||
contests; or
| ||
(12) knowingly establishes, maintains, or operates an | ||
Internet site that
permits a person to play a game of
| ||
chance or skill for money or other thing of value by means | ||
of the Internet or
to make a wager upon the
result of any |
game, contest, political nomination, appointment, or
| ||
election by means of the Internet. This item (12) does not | ||
apply to activities referenced in items (6) and (6.1) of | ||
subsection (b) of this Section.
| ||
(b) Participants in any of the following activities shall | ||
not be
convicted of gambling:
| ||
(1) Agreements to compensate for loss caused by the | ||
happening of
chance including without limitation contracts | ||
of indemnity or guaranty
and life or health or accident | ||
insurance.
| ||
(2) Offers of prizes, award or compensation to the | ||
actual
contestants in any bona fide contest for the | ||
determination of skill,
speed, strength or endurance or to | ||
the owners of animals or vehicles
entered in such contest.
| ||
(3) Pari-mutuel betting as authorized by the law of | ||
this State.
| ||
(4) Manufacture of gambling devices, including the | ||
acquisition of
essential parts therefor and the assembly | ||
thereof, for transportation in
interstate or foreign | ||
commerce to any place outside this State when such
| ||
transportation is not prohibited by any applicable Federal | ||
law; or the
manufacture, distribution, or possession of | ||
video gaming terminals, as
defined in the Video Gaming Act, | ||
by manufacturers, distributors, and
terminal operators | ||
licensed to do so under the Video Gaming Act.
| ||
(5) The game commonly known as "bingo", when conducted |
in accordance
with the Bingo License and Tax Act.
| ||
(6) Lotteries when conducted by the State of Illinois | ||
in accordance
with the Illinois Lottery Law. This exemption | ||
includes any activity conducted by the Department of | ||
Revenue to sell lottery tickets pursuant to the provisions | ||
of the Illinois Lottery Law and its rules.
| ||
(6.1) The purchase of lottery tickets through the | ||
Internet for a lottery conducted by the State of Illinois | ||
under the program established in Section 7.12 of the | ||
Illinois Lottery Law.
| ||
(7) Possession of an antique slot machine that is | ||
neither used nor
intended to be used in the operation or | ||
promotion of any unlawful
gambling activity or enterprise. | ||
For the purpose of this subparagraph
(b)(7), an antique | ||
slot machine is one manufactured 25 years ago or earlier.
| ||
(8) Raffles and poker runs when conducted in accordance | ||
with the Raffles and Poker Runs Act.
| ||
(9) Charitable games when conducted in accordance with | ||
the Charitable
Games Act.
| ||
(10) Pull tabs and jar games when conducted under the | ||
Illinois Pull
Tabs and Jar Games Act.
| ||
(11) Gambling games conducted on riverboats when
| ||
authorized by the Riverboat Gambling Act.
| ||
(12) Video gaming terminal games at a licensed | ||
establishment, licensed truck stop establishment,
licensed
| ||
fraternal establishment, or licensed veterans |
establishment when
conducted in accordance with the Video | ||
Gaming Act. | ||
(13) Games of skill or chance where money or other | ||
things of value can be won but no payment or purchase is | ||
required to participate. | ||
(c) Sentence.
| ||
Gambling is a
Class A misdemeanor. A second or
subsequent | ||
conviction under subsections (a)(3) through (a)(12),
is a Class | ||
4 felony.
| ||
(d) Circumstantial evidence.
| ||
In prosecutions under
this
Section circumstantial evidence | ||
shall have the same validity and weight as
in any criminal | ||
prosecution.
| ||
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||
96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| ||
(720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||
Sec. 28-1.1. Syndicated gambling.
| ||
(a) Declaration of Purpose. Recognizing the close | ||
relationship between
professional gambling and other organized | ||
crime, it is declared to be the
policy of the legislature to | ||
restrain persons from engaging in the business
of gambling for | ||
profit in this State. This Section shall be liberally
construed | ||
and administered with a view to carrying out this policy.
| ||
(b) A person commits syndicated gambling when he or she | ||
operates a "policy
game" or engages in the business of |
bookmaking.
| ||
(c) A person "operates a policy game" when he or she | ||
knowingly uses any
premises or property for the purpose of | ||
receiving or knowingly does
receive from what is commonly | ||
called "policy":
| ||
(1) money from a person other than the bettor or player | ||
whose
bets or plays are represented by the money; or
| ||
(2) written "policy game" records, made or used over | ||
any
period of time, from a person other than the bettor or | ||
player whose bets
or plays are represented by the written | ||
record.
| ||
(d) A person engages in bookmaking when he or she knowingly | ||
receives or accepts more
than five bets or wagers upon the | ||
result of any trials or contests of
skill, speed or power of | ||
endurance or upon any lot, chance, casualty,
unknown or | ||
contingent event whatsoever, which bets or wagers shall be of
| ||
such size that the total of the amounts of money paid or | ||
promised to be
paid to the bookmaker on account thereof shall | ||
exceed $2,000.
Bookmaking is the receiving or accepting of bets | ||
or wagers
regardless of the form or manner in which the | ||
bookmaker records them.
| ||
(e) Participants in any of the following activities shall | ||
not be
convicted of syndicated gambling:
| ||
(1) Agreements to compensate for loss caused by the | ||
happening
of chance including without limitation contracts | ||
of indemnity or
guaranty and life or health or accident |
insurance;
| ||
(2) Offers of prizes, award or compensation to the | ||
actual
contestants in any bona fide contest for the | ||
determination of skill,
speed, strength or endurance or to | ||
the owners of animals or vehicles
entered in the contest;
| ||
(3) Pari-mutuel betting as authorized by law of this | ||
State;
| ||
(4) Manufacture of gambling devices, including the | ||
acquisition
of essential parts therefor and the assembly | ||
thereof, for transportation
in interstate or foreign | ||
commerce to any place outside this State when
the | ||
transportation is not prohibited by any applicable Federal | ||
law;
| ||
(5) Raffles and poker runs when conducted in accordance | ||
with the Raffles and Poker Runs Act;
| ||
(6) Gambling games conducted on riverboats when
| ||
authorized by the Riverboat Gambling Act; and
| ||
(7) Video gaming terminal games at a licensed | ||
establishment, licensed truck stop establishment,
licensed
| ||
fraternal establishment, or licensed veterans | ||
establishment
when conducted in accordance with the Video | ||
Gaming Act.
| ||
(f) Sentence. Syndicated gambling is a Class 3 felony.
| ||
(Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|