Illinois General Assembly - Full Text of Public Act 093-0453
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Public Act 093-0453


 

Public Act 93-0453 of the 93rd General Assembly


Public Act 93-0453

HB1070 Enrolled                      LRB093 05450 LRD 05541 b

    AN ACT in relation to gaming.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Riverboat  Gambling  Act is amended by
changing Section 7 as follows:

    (230 ILCS 10/7) (from Ch. 120, par. 2407)
    Sec. 7.  Owners Licenses.
    (a)  The Board shall issue owners  licenses  to  persons,
firms  or  corporations  which  apply  for such licenses upon
payment to the Board of the non-refundable license fee set by
the Board, upon payment of a  $25,000  license  fee  for  the
first  year  of  operation  and a $5,000 license fee for each
succeeding year and upon a determination by  the  Board  that
the  applicant is eligible for an owners  license pursuant to
this Act and the rules of  the  Board.   A  person,  firm  or
corporation is ineligible to receive an owners license if:
         (1)  the person has been convicted of a felony under
    the  laws  of  this State, any other state, or the United
    States;
         (2)  the person has been convicted of any  violation
    of   Article   28  of  the  Criminal  Code  of  1961,  or
    substantially similar laws of any other jurisdiction;
         (3)  the person has submitted an application  for  a
    license under this Act which contains false information;
         (4)  the person is a member of the Board;
         (5)  a  person defined in (1), (2), (3) or (4) is an
    officer, director or managerial employee of the  firm  or
    corporation;
         (6)  the   firm  or  corporation  employs  a  person
    defined in (1), (2), (3) or (4) who participates  in  the
    management or operation of gambling operations authorized
    under this Act;
         (7)  (blank); or
         (8)  a  license  of  the person, firm or corporation
    issued under this Act, or a license  to  own  or  operate
    gambling  facilities  in any other jurisdiction, has been
    revoked.
    (b)  In determining whether to grant an owners license to
an applicant, the Board shall consider:
         (1)  the  character,  reputation,  experience    and
    financial integrity of the applicants and of any other or
    separate person that either:
              (A)  controls,  directly  or  indirectly,  such
         applicant, or
              (B)  is  controlled, directly or indirectly, by
         such  applicant  or  by  a  person  which  controls,
         directly or indirectly, such applicant;
         (2)  the facilities or proposed facilities  for  the
    conduct of riverboat gambling;
         (3)  the  highest  prospective  total  revenue to be
    derived by  the  State  from  the  conduct  of  riverboat
    gambling;
         (4)  the  good faith affirmative action plan of each
    applicant to recruit, train and upgrade minorities in all
    employment classifications;
         (5)  the  financial  ability  of  the  applicant  to
    purchase and maintain  adequate  liability  and  casualty
    insurance;
         (6)  whether     the    applicant    has    adequate
    capitalization to provide and maintain, for the  duration
    of a license, a riverboat; and
         (7)  the  extent  to  which the applicant exceeds or
    meets other standards  for  the  issuance  of  an  owners
    license which the Board may adopt by rule.
    (c)  Each  owners  license  shall specify the place where
riverboats shall operate and dock.
    (d)  Each applicant shall submit with his application, on
forms provided by the Board, 2 sets of his fingerprints.
    (e)  The Board may issue up to  10  licenses  authorizing
the  holders  of  such  licenses  to  own riverboats.  In the
application for an owners license, the applicant shall  state
the  dock  at  which  the riverboat is based and the water on
which the riverboat will be located.  The Board shall issue 5
licenses to become effective  not  earlier  than  January  1,
1991.   Three  of  such  licenses  shall  authorize riverboat
gambling on the Mississippi River, or, with approval  by  the
municipality   in  which  the  riverboat  is  docked  on  the
effective date of this amendatory Act of the  93rd  Assembly,
in  a  municipality that (1) borders on the Mississippi River
or is within 5 miles of the city  limits  of  a  municipality
that  borders  on  the  Mississippi  River  and  (2),  on the
effective date of this amendatory Act  of  the  93rd  General
Assembly,  has  a  riverboat  conducting  riverboat  gambling
operations  pursuant  to a license issued under this Act; one
of which shall authorize riverboat gambling from a home  dock
in  the  city  of  East  St.  Louis,  and  one of which shall
authorize riverboat gambling on the Mississippi River or in a
municipality that (1) borders on the Mississippi River or  is
within  5  miles  of  the  city limits of a municipality that
borders on the Mississippi River and  (2)  on  the  effective
date  of this amendatory Act of the 92nd General Assembly has
a riverboat conducting riverboat gambling operations pursuant
to a license issued under this Act.  One other license  shall
authorize  riverboat  gambling on the Illinois River south of
Marshall  County.   The  Board  shall  issue  one  additional
license to become effective not earlier than March  1,  1992,
which  shall  authorize riverboat gambling on the Des Plaines
River in Will County.   The  Board  may  issue  4  additional
licenses  to become effective not earlier than March 1, 1992.
In determining the water upon which riverboats will  operate,
the Board shall consider the economic benefit which riverboat
gambling  confers on the State, and shall seek to assure that
all regions of the State share in the  economic  benefits  of
riverboat gambling.
    In  granting  all  licenses, the Board may give favorable
consideration to economically depressed areas of  the  State,
to  applicants presenting plans which provide for significant
economic development over a large  geographic  area,  and  to
applicants  who  currently operate non-gambling riverboats in
Illinois.  The Board shall review all applications for owners
licenses, and shall inform  each  applicant  of  the  Board's
decision.
    The  Board  may  revoke  the owners license of a licensee
which fails to begin conducting gambling within 15 months  of
receipt  of  the  Board's  approval of the application if the
Board determines that  license  revocation  is  in  the  best
interests of the State.
    (f)  The  first  10 owners licenses issued under this Act
shall permit the  holder  to  own  up  to  2  riverboats  and
equipment thereon for a period of 3 years after the effective
date  of the license. Holders of the first 10 owners licenses
must pay the annual license fee  for  each  of  the  3  years
during which they are authorized to own riverboats.
    (g)  Upon  the  termination, expiration, or revocation of
each of the first 10 licenses, which shall be issued for a  3
year period, all licenses are renewable annually upon payment
of the fee and a determination by the Board that the licensee
continues to meet all of the requirements of this Act and the
Board's rules.  However, for licenses renewed on or after May
1, 1998, renewal shall be for a period of 4 years, unless the
Board sets a shorter period.
    (h)  An  owners license shall entitle the licensee to own
up to 2 riverboats.  A licensee shall  limit  the  number  of
gambling participants to 1,200 for any such owners license. A
licensee  may  operate  both  of its riverboats concurrently,
provided that the total number of  gambling  participants  on
both riverboats does not exceed 1,200. Riverboats licensed to
operate on the Mississippi River and the Illinois River south
of  Marshall  County  shall have an authorized capacity of at
least 500 persons.  Any other riverboat licensed  under  this
Act  shall  have  an  authorized  capacity  of  at  least 400
persons.
    (i)  A licensed owner is authorized to apply to the Board
for and, if approved therefor, to receive all  licenses  from
the  Board  necessary  for  the  operation  of  a  riverboat,
including  a  liquor  license, a license to prepare and serve
food for human consumption,  and  other  necessary  licenses.
All  use, occupation and excise taxes which apply to the sale
of food and beverages in this State and all taxes imposed  on
the  sale  or use of tangible personal property apply to such
sales aboard the riverboat.
    (j)  The  Board  may  issue  a  license   authorizing   a
riverboat  to  dock in a municipality or approve a relocation
under Section 11.2 only if, prior  to  the  issuance  of  the
license  or  approval, the governing body of the municipality
in which the riverboat will  dock  has  by  a  majority  vote
approved  the docking of riverboats in the municipality.  The
Board may issue a license authorizing a riverboat to dock  in
areas  of  a  county  outside  any  municipality or approve a
relocation under Section 11.2 only if, prior to the  issuance
of  the license or approval, the governing body of the county
has by a majority vote approved of the docking of  riverboats
within such areas.
(Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 08/07/03