Public Act 096-1410 Public Act 1410 96TH GENERAL ASSEMBLY |
Public Act 096-1410 | HB4927 Enrolled | LRB096 17755 KTG 33121 b |
|
| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Video Gaming
Act is amended by changing | Sections 5, 15, 20, 25, 30, 35, 45, 55, 57, and 78 as follows: | (230 ILCS 40/5)
| Sec. 5. Definitions. As used in this Act:
| "Board" means the Illinois Gaming Board.
| "Credit" means one, 5, 10, or 25 cents either won or | purchased by a player.
| "Distributor" means an individual, partnership, or | corporation , or limited liability company licensed under
this | Act to buy, sell, lease, or distribute video gaming terminals | or major
components or parts of video gaming terminals to or | from terminal
operators.
| "Terminal operator" means an individual, partnership , or | corporation , or limited liability company that is
licensed | under this Act and that owns, services, and maintains video
| gaming terminals for placement in licensed establishments, | licensed truck stop establishments, licensed fraternal
| establishments, or licensed veterans establishments.
| "Licensed technician" means an individual
who
is licensed | under this Act to repair,
service, and maintain
video gaming |
| terminals.
| "Licensed terminal handler" means a person, including but | not limited to an employee or independent contractor working | for a manufacturer, distributor, supplier, technician, or | terminal operator, who is licensed under this Act to possess or | control a video gaming terminal or to have access to the inner | workings of a video gaming terminal. A licensed terminal | handler does not include an individual, partnership, or | corporation , or limited liability company defined as a | manufacturer, distributor, supplier, technician, or terminal | operator under this Act. | "Manufacturer" means an individual, partnership, or | corporation , or limited liability company that is
licensed | under this Act and that manufactures or assembles video gaming
| terminals.
| "Supplier" means an individual, partnership, or | corporation , or limited liability company that is
licensed | under this Act to supply major components or parts to video | gaming
terminals to licensed
terminal operators.
| "Net terminal income" means money put into a video gaming | terminal minus
credits paid out to players.
| "Video gaming terminal" means any electronic video game | machine
that, upon insertion of cash, is available to play or | simulate the play of
a video game, including but not limited to | video poker, line up, and blackjack, as
authorized by the Board | utilizing a video display and microprocessors in
which the |
| player may receive free games or credits that can be
redeemed | for cash. The term does not include a machine that directly
| dispenses coins, cash, or tokens or is for amusement purposes | only.
| "Licensed establishment" means any licensed retail | establishment where
alcoholic liquor is drawn, poured, mixed, | or otherwise served for consumption
on the premises. "Licensed | establishment" does not include a facility operated by an | organization licensee, an intertrack wagering licensee, or an | intertrack wagering location licensee licensed under the | Illinois Horse Racing Act of 1975 or a riverboat licensed under | the Riverboat Gambling Act.
| "Licensed fraternal establishment" means the location | where a qualified
fraternal organization that derives its | charter from a national fraternal
organization regularly | meets.
| "Licensed veterans establishment" means the location where | a qualified
veterans organization that derives its charter from | a national veterans
organization regularly meets.
| "Licensed truck stop establishment" means a facility (i) | that is at least a
3-acre facility with a convenience store , | (ii) and with separate diesel
islands for fueling commercial | motor vehicles , (iii) that sells at retail more than 10,000 | gallons of diesel or biodiesel fuel per month, and (iv) with | and parking spaces for commercial
motor vehicles . "Commercial | motor vehicles" has the same meaning as defined in Section |
| 18b-101 of the Illinois Vehicle Code. The requirement of item | (iii) of this paragraph may be met by showing that estimated | future sales or past sales average at least 10,000 gallons per | month.
| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) | (230 ILCS 40/15)
| Sec. 15. Minimum requirements for
licensing and | registration. Every video gaming terminal offered for
play | shall first be
tested and approved pursuant to the rules of the | Board, and
each video gaming terminal offered in this State for | play shall conform to an
approved
model. The Board may utilize | the services of an independent outside testing laboratory for | the
examination of video gaming machines and associated | equipment as required
by this Section. Every video gaming | terminal offered in this State for play must meet minimum | standards set by an independent outside testing laboratory | approved by the Board. Each approved model shall, at a minimum, | meet the following
criteria:
| (1) It must conform to all requirements of federal law | and
regulations, including FCC Class A
Emissions | Standards.
| (2) It must theoretically pay out a mathematically | demonstrable percentage
during the expected lifetime of | the machine
of all amounts played, which must not be less | than 80%. The Board shall establish a maximum payout |
| percentage for approved models by rule. Video gaming
| terminals that may be affected by skill must meet this | standard when using a
method of play that will provide the | greatest return to the player over a
period of continuous | play.
| (3) It must use a random selection process to determine | the outcome of
each play of a game. The random selection | process must meet 99% confidence
limits using a standard | chi-squared test for (randomness) goodness of fit.
| (4) It must display an accurate representation of the | game outcome.
| (5) It must not automatically alter pay tables or any | function of the
video gaming terminal based on internal | computation of hold percentage or have
any means of | manipulation that affects the random selection process or
| probabilities of winning a game.
| (6) It must not be adversely affected by static | discharge or other
electromagnetic interference.
| (7) It must be capable of detecting and displaying the | following
conditions
during idle states or on demand: power | reset; door open; and door just closed.
| (8) It must have the capacity to display complete play | history
(outcome, intermediate play steps, credits | available, bets placed, credits
paid, and credits cashed | out) for the most recent game played and 10 games
prior
| thereto.
|
| (9) The theoretical payback percentage of a video | gaming terminal must
not be
capable of being changed | without making a hardware or software change in
the video | gaming terminal , either on site or via the central | communications system .
| (10) Video gaming terminals must be designed so that | replacement of
parts or modules required for normal | maintenance does not necessitate
replacement of the | electromechanical meters.
| (11) It must have nonresettable meters housed in a | locked area of the
terminal that
keep a permanent record of | all cash inserted into the machine, all winnings
made by | the terminal printer, credits played in for video gaming | terminals, and
credits won by video gaming players. The | video gaming terminal must provide
the means for on-demand | display of stored information as determined by the
Board.
| (12) Electronically stored meter information required | by this Section
must be preserved for a minimum of 180 days | after a power loss to the service.
| (13) It must have one or more mechanisms that accept | cash in the
form of
bills. The mechanisms shall be designed | to prevent obtaining credits without
paying by stringing, | slamming, drilling, or other means. If such attempts at | physical tampering are made, the video gaming terminal | shall suspend itself from operating until reset.
| (14) It shall have accounting software that keeps an |
| electronic record
which includes, but is not limited to, | the following: total cash inserted
into the video gaming | terminal; the value of winning tickets claimed by
players; | the
total credits played; the total
credits awarded
by a | video gaming terminal; and pay back percentage credited to | players of each video game.
| (15) It shall be linked by a central communications | system
to provide
auditing program information as approved | by the Board. The central communications system shall use a | standard industry protocol, as defined by the Gaming | Standards Association, and shall have the functionality to | enable the Board or its designee to activate or deactivate | individual gaming devices from the central communications | system. In no event may the
communications system approved | by the Board limit participation to only one
manufacturer | of video gaming terminals by either the cost in | implementing
the necessary program modifications to | communicate or the inability to
communicate with the | central communications system.
| (16) The Board, in its discretion, may require video | gaming terminals to display Amber Alert messages if the | Board makes a finding that it would be economically and | technically feasible and pose no risk to the integrity and | security of the central communications system and video | gaming terminals.
| The Board may adopt rules to establish additional criteria |
| to preserve the integrity and security of video gaming in this | State. The central communications system vendor may not hold | any license issued by the Board under this Act. | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) | (230 ILCS 40/20)
| Sec. 20. Direct dispensing of receipt tickets only. A video | gaming
terminal may not
directly dispense coins, cash, tokens, | or any other article of exchange or
value except for receipt | tickets. Tickets shall be dispensed by
pressing the ticket | dispensing button on the video gaming terminal at the end
of | one's turn or play. The ticket shall indicate the total amount | of credits
and the cash award, the time of day in a 24-hour | format showing hours and
minutes, the date, the
terminal serial | number, the sequential number of the ticket, and an encrypted
| validation number from which the validity of the prize may be | determined.
The player shall turn in this ticket to the | appropriate
person at the licensed establishment, licensed | truck stop establishment, licensed fraternal establishment,
or
| licensed veterans establishment
to receive the cash award. The | cost
of the credit shall be one cent, 5 cents, 10 cents, or 25 | cents, and the maximum
wager played per hand shall not exceed | $2.
No cash award for the maximum wager on any
individual hand | shall exceed $500.
| (Source: P.A. 96-34, eff. 7-13-09.)
|
| (230 ILCS 40/25)
| Sec. 25. Restriction of licensees.
| (a) Manufacturer. A person may not be licensed as a | manufacturer of a
video gaming terminal in Illinois unless the | person has a valid
manufacturer's license issued
under this | Act. A manufacturer may only sell video gaming terminals for | use
in Illinois to
persons having a valid distributor's | license.
| (b) Distributor. A person may not sell, distribute, or | lease
or market a video gaming terminal in Illinois unless the | person has a valid
distributor's
license issued under this Act. | A distributor may only sell video gaming
terminals for use in
| Illinois to persons having a valid distributor's or terminal | operator's
license.
| (c) Terminal operator. A person may not own, maintain, or | place a video gaming terminal unless he has a valid terminal | operator's
license issued
under this Act. A terminal operator | may only place video gaming terminals for
use in
Illinois in | licensed establishments, licensed truck stop establishments, | licensed fraternal establishments,
and
licensed veterans | establishments.
No terminal operator may give anything of | value, including but not limited to
a loan or financing | arrangement, to a licensed establishment, licensed truck stop | establishment,
licensed fraternal establishment, or licensed | veterans establishment as
any incentive or inducement to locate | video terminals in that establishment.
Of the after-tax profits
|
| from a video gaming terminal, 50% shall be paid to the terminal
| operator and 50% shall be paid to the licensed establishment, | licensed truck stop establishment,
licensed fraternal | establishment, or
licensed veterans establishment, | notwithstanding nothwithstanding any agreement to the | contrary.
No terminal
operator may own or have a substantial | interest in more than 5% of the video
gaming terminals licensed | in this State. A video terminal operator that violates one or | more requirements of this subsection is guilty of a Class 4 | felony and is subject to termination of his or her license by | the Board.
| (d) Licensed technician. A person may not service, | maintain, or repair a
video gaming terminal
in this State | unless he or she (1) has a valid technician's license issued
| under this Act, (2) is a terminal operator, or (3) is employed | by a terminal
operator, distributor, or manufacturer.
| (d-5) Licensed terminal handler. No person, including, but | not limited to, an employee or independent contractor working | for a manufacturer, distributor, supplier, technician, or | terminal operator licensed pursuant to this Act, shall have | possession or control of a video gaming terminal, or access to | the inner workings of a video gaming terminal, unless that | person possesses a valid terminal handler's license issued | under this Act. | (e) Licensed establishment. No video gaming terminal may be | placed in any licensed establishment, licensed veterans |
| establishment, licensed truck stop establishment,
or licensed | fraternal establishment
unless the owner
or agent of the owner | of the licensed establishment, licensed veterans | establishment, licensed truck stop establishment, or licensed
| fraternal establishment has entered into a
written use | agreement with the terminal operator for placement of the
| terminals. A copy of the use agreement shall be on file in the | terminal
operator's place of business and available for | inspection by individuals
authorized by the Board. A licensed | establishment, licensed truck stop establishment, licensed | veterans establishment,
or
licensed
fraternal
establishment | may operate up to 5 video gaming terminals on its premises at | any
time.
| (f) (Blank).
| (g) Financial interest restrictions.
As used in this Act, | "substantial interest" in a partnership, a corporation, an
| organization, an association, or a business , or a limited | liability company means:
| (A) When, with respect to a sole proprietorship, an | individual or
his or her spouse owns, operates, manages, or | conducts, directly
or indirectly, the organization, | association, or business, or any part thereof;
or
| (B) When, with respect to a partnership, the individual | or his or
her spouse shares in any of the profits, or | potential profits,
of the partnership activities; or
| (C) When, with respect to a corporation, an individual |
| or his or her
spouse is an officer or director, or the | individual or his or her spouse is a holder, directly or | beneficially, of 5% or more of any class
of stock of the | corporation; or
| (D) When, with respect to an organization not covered | in (A), (B) or
(C) above, an individual or his or her | spouse is an officer or manages the
business affairs, or | the individual or his or her spouse is the
owner of or | otherwise controls 10% or more of the assets of the | organization;
or
| (E) When an individual or his or her spouse furnishes
| 5% or more of the capital, whether in cash, goods, or | services, for the
operation of any business, association, | or organization during any calendar
year ; or . | (F) When, with respect to a limited liability company, | an individual or his or her
spouse is a member, or the | individual or his or her spouse is a holder, directly or | beneficially, of 5% or more of the membership interest of | the limited liability company.
| For purposes of this subsection (g), "individual" includes | all individuals or their spouses whose combined interest would | qualify as a substantial interest under this subsection (g) and | whose activities with respect to an organization, association, | or business are so closely aligned or coordinated as to | constitute the activities of a single entity. | (h) Location restriction. A licensed establishment, |
| licensed truck stop establishment, licensed
fraternal
| establishment, or licensed veterans establishment that is (i) | located within 1,000
feet of a facility operated by an | organization organizational licensee, an inter-track | intertrack wagering licensee, or an inter-track intertrack | wagering location licensee licensed under the Illinois Horse | Racing Act of 1975 or the home dock of a riverboat licensed | under the Riverboat
Gambling Act or (ii) located within with a | 100 feet of a school or a place of worship under the Religious | Corporation Act, is ineligible to operate a video gaming | terminal. The location restrictions in this subsection (h) do | not apply if a facility operated by an organization licensee, | an inter-track wagering licensee, or an inter-track wagering | location licensee, a school, or a place of worship moves to or | is established within the restricted area after a licensed | establishment, licensed truck stop establishment, licensed | fraternal establishment, or licensed veterans establishment | becomes licensed under this Act. For the purpose of this | subsection, "school" means an elementary or secondary public | school, or an elementary or secondary private school registered | with or recognized by the State Board of Education. | Notwithstanding the provisions of this subsection (h), the | Board may waive the requirement that a licensed establishment, | licensed truck stop establishment, licensed fraternal | establishment, or licensed veterans establishment not be | located within 1,000 feet from a facility operated by an |
| organization licensee, an inter-track wagering licensee, or an | inter-track wagering location licensee licensed under the | Illinois Horse Racing Act of 1975 or the home dock of a | riverboat licensed under the Riverboat Gambling Act. The Board | shall not grant such waiver if there is any common ownership or | control, shared business activity, or contractual arrangement | of any type between the establishment and the organization | licensee, inter-track wagering licensee, inter-track wagering | location licensee, or owners licensee of a riverboat. The Board | shall adopt rules to implement the provisions of this | paragraph. | (i) Undue economic concentration. In addition to | considering all other requirements under this Act, in deciding | whether to approve the operation of video gaming terminals by a | terminal operator in a location, the Board shall consider the | impact of any economic concentration of such operation of video | gaming terminals. The Board shall not allow a terminal operator | to operate video gaming terminals if the Board determines such | operation will result in undue economic concentration. For | purposes of this Section, "undue economic concentration" means | that a terminal operator would have such actual or potential | influence over video gaming terminals in Illinois as to: | (1) substantially impede or suppress competition among | terminal operators; | (2) adversely impact the economic stability of the | video gaming industry in Illinois; or |
| (3) negatively impact the purposes of the Video Gaming | Act. | The Board shall adopt rules concerning undue economic | concentration with respect to the operation of video gaming | terminals in Illinois. The rules shall include, but not be | limited to, (i) limitations on the number of video gaming | terminals operated by any terminal operator within a defined | geographic radius and (ii) guidelines on the discontinuation of | operation of any such video gaming terminals the Board | determines will cause undue economic concentration.
| (j) (i) The provisions of the Illinois Antitrust Act are | fully and equally applicable to the activities of any licensee | under this Act.
| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | eff. 7-13-09; revised 8-17-09.)
| (230 ILCS 40/30)
| Sec. 30. Multiple types of licenses prohibited. A video | gaming
terminal
manufacturer may not be licensed as a video | gaming terminal
operator or own, manage, or control a licensed
| establishment, licensed truck stop establishment, licensed | fraternal establishment, or licensed veterans
establishment, | and shall be licensed to sell only to persons having a valid | distributor's license or, if the manufacturer also holds a | valid distributor's license, to sell, distribute, lease, or | market to persons having a valid terminal operator's license |
| only to sell to distributors . A video
gaming terminal | distributor may not be licensed as a
video gaming terminal | operator or own, manage, or
control a
licensed establishment, | licensed truck stop establishment, licensed fraternal | establishment, or licensed
veterans
establishment, and shall | only contract with a licensed terminal
operator. A video gaming | terminal operator may not be licensed as
a video
gaming | terminal manufacturer or distributor or own, manage, or control | a
licensed establishment, licensed truck stop establishment, | licensed fraternal establishment, or licensed
veterans
| establishment, and shall be licensed only to contract with | licensed
distributors and licensed establishments, licensed | truck stop establishments,
licensed fraternal
establishments,
| and licensed veterans establishments. An owner or manager of a
| licensed establishment, licensed truck stop establishment, | licensed fraternal
establishment, or licensed
veterans
| establishment may not be licensed as a video gaming terminal
| manufacturer, distributor, or operator, and shall only | contract with a
licensed operator to place and service this | equipment.
| (Source: P.A. 96-34, eff. 7-13-09.) | (230 ILCS 40/35)
| Sec. 35. Display of license; confiscation; violation as | felony. | (a) Each
video gaming terminal shall be licensed by the |
| Board before placement
or operation on the premises of a | licensed establishment, licensed truck stop
establishment, | licensed
fraternal establishment, or licensed veterans | establishment. The license of
each video gaming terminal shall | be maintained
at the location where the video gaming terminal | is operated. Failure to do so
is a petty offense with a fine
| not to exceed $100.
Any licensed establishment, licensed truck | stop establishment, licensed
fraternal establishment, or | licensed
veterans establishment
used for the conduct of | gambling games in violation of this Act shall be
considered a | gambling place in violation of Section 28-3 of the Criminal
| Code of 1961. Every gambling device found in
a licensed | establishment, licensed truck stop establishment, licensed | fraternal
establishment, or licensed
veterans establishment | operating gambling games in violation of this
Act shall be | subject to seizure, confiscation, and destruction as provided
| in Section 28-5 of the Criminal Code of 1961.
Any license | issued under the Liquor Control Act
of 1934 to any owner or | operator of a licensed establishment, licensed truck
stop | establishment, licensed
fraternal establishment, or licensed | veterans establishment that operates or
permits the operation | of a video gaming terminal within its establishment in
| violation of this Act shall be immediately revoked.
No person | may own, operate, have in his or her possession or custody or | under
his or her control, or permit to be kept in any place | under his or her
possession or control, any
device that awards |
| credits and contains a circuit, meter, or switch capable of
| removing and recording the removal of credits when the award of | credits is
dependent upon chance. A violation of this Section | is a Class 4 felony. All
devices that are owned, operated, or | possessed in violation of this Section are
hereby declared to | be public nuisances and shall be subject to seizure,
| confiscation, and destruction as provided in Section 28-5 of | the Criminal Code
of 1961.
The provisions of this Section do | not apply to devices or electronic video
game terminals | licensed pursuant to this Act. A video gaming terminal operated | for amusement only and bearing a valid amusement tax sticker | issued prior to the effective date of this amendatory Act of | the 96th General Assembly shall not be subject to this Section | until the sooner of (i) the expiration of the amusement tax | sticker or (ii) 30 days after the Board establishes that the | central communications system is functional.
| (b) (1) The odds of winning each video game shall be posted | on or near each video gaming terminal. The manner in which the | odds are calculated and how they are posted shall be determined | by the Board by rule. | (2) No video gaming terminal licensed under this Act may be | played except during the legal hours of operation allowed for | the consumption of alcoholic beverages at the licensed | establishment, licensed fraternal establishment, or licensed | veterans establishment. A licensed establishment, licensed | fraternal establishment, or licensed veterans establishment |
| that violates this subsection is subject to termination of its | license by the Board. | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
| (230 ILCS 40/45)
| Sec. 45. Issuance of license.
| (a) The burden is upon each applicant to
demonstrate his | suitability for licensure. Each video gaming terminal
| manufacturer, distributor, supplier, operator, handler, | licensed establishment, licensed truck stop establishment, | licensed
fraternal
establishment, and licensed veterans | establishment shall be
licensed by the Board.
The Board may | issue or deny a license under this Act to any person pursuant | to the same criteria set forth in Section 9 of the Riverboat | Gambling Act.
| (a-5) The Board shall not grant a license to a person who | has facilitated, enabled, or participated in the use of | coin-operated devices for gambling purposes or who is under the | significant influence or control of such a person. For the | purposes of this Act, "facilitated, enabled, or participated in | the use of coin-operated amusement devices for gambling | purposes" means that the person has been convicted of any | violation of Article 28 of the Criminal Code of 1961. If there | is pending legal action against a person for any such | violation, then the Board shall delay the licensure of that | person until the legal action is resolved. |
| (b) Each person seeking and possessing a license as a video | gaming terminal manufacturer, distributor, supplier, operator, | handler, licensed establishment, licensed truck stop | establishment, licensed fraternal establishment, or licensed | veterans establishment shall submit to a background | investigation conducted by the Board with the assistance of the | State Police or other law enforcement. The background | investigation shall include each beneficiary of a trust, each | partner of a partnership, and each director and officer and all | stockholders of 5% or more in a parent or subsidiary | corporation of a video gaming terminal manufacturer, | distributor, supplier, operator, or licensed establishment, | licensed truck stop establishment, licensed fraternal | establishment, or licensed veterans establishment. | (c) Each person seeking and possessing a license as a video | gaming terminal manufacturer, distributor, supplier, operator, | handler, licensed establishment, licensed truck stop | establishment, licensed fraternal establishment, or licensed | veterans establishment shall disclose the identity of every | person, association, trust, or corporation , or limited | liability company having a greater than 1% direct or indirect | pecuniary interest in the video gaming terminal operation for | to which the license is sought. If the disclosed entity is a | trust, the application shall disclose the names and addresses | of the beneficiaries; if a corporation, the names and addresses | of all stockholders and directors; if a limited liability |
| company, the names and addresses of all members; or if a | partnership, the names and addresses of all partners, both | general and limited. | (d) No person may be licensed as a video gaming terminal | manufacturer, distributor, supplier, operator, handler, | licensed establishment, licensed truck stop establishment, | licensed fraternal establishment, or licensed veterans | establishment if that person has been found by the Board to: | (1) have a background, including a criminal record, | reputation, habits, social or business associations, or | prior activities that pose a threat to the public interests | of the State or to the security and integrity of video | gaming; | (2) create or enhance the dangers of unsuitable, | unfair, or illegal practices, methods, and activities in | the conduct of video gaming; or | (3) present questionable business practices and | financial arrangements incidental to the conduct of video | gaming activities. | (e) Any applicant for any license under this Act has the | burden of proving his or her qualifications to the satisfaction | of the Board. The Board may adopt rules to establish additional | qualifications and requirements to preserve the integrity and | security of video gaming in this State. | (f) A non-refundable application fee shall be paid at the | time an
application for a license is filed with the Board in |
| the following amounts:
| (1) Manufacturer ..........................$5,000
| (2) Distributor ...........................$5,000
| (3) Terminal operator .....................$5,000
| (4) Supplier ..............................$2,500
| (5) Technician ..............................$100
| (6) Terminal Handler ..............................$50 | (g) The Board shall establish an
annual fee for each | license not to exceed the following: | (1) Manufacturer .........................$10,000
| (2) Distributor ..........................$10,000
| (3) Terminal operator .....................$5,000
| (4) Supplier ..............................$2,000
| (5) Technician ..............................$100
| (6) Licensed establishment, licensed truck stop
| establishment, licensed fraternal establishment,
| or licensed veterans establishment ..............$100
| (7) Video gaming terminal ...................$100
| (8) Terminal Handler ..............................$50
| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | eff. 7-13-09; revised 8-17-09.)
| (230 ILCS 40/55)
| Sec. 55. Precondition for licensed location establishment . | In all cases of
application for a licensed location | establishment ,
to operate a video gaming terminal,
each |
| licensed establishment licensed truck stop establishment , | licensed
fraternal establishment, or licensed veterans
| establishment
shall
possess a valid liquor license issued by | the Illinois Liquor Control Commission
in effect at the time of | application
and at all times thereafter during which a video
| gaming terminal is made available to the public for play at | that location. Video gaming terminals in a licensed location | shall be
operated only during the same hours of operation | generally permitted to holders of a license under the Liquor | Control Act of 1934 within the unit of local government in | which they are located. A licensed truck stop establishment | that does not hold a liquor license may operate video gaming | terminals on a continuous basis. A licensed fraternal | establishment or licensed veterans establishment that does not | hold a liquor license may operate video gaming terminals if (i) | the establishment is located in a county with a population | between 6,500 and 7,000, based on the 2000 U.S. Census, (ii) | the county prohibits by ordinance the sale of alcohol, and | (iii) the establishment is in a portion of the county where the | sale of alcohol is prohibited.
| (Source: P.A. 96-34, eff. 7-13-09.) | (230 ILCS 40/57)
| Sec. 57. Insurance. Each terminal operator licensed | establishment, licensed truck stop
establishment, licensed | fraternal
establishment, and licensed veterans establishment |
| shall maintain liability insurance on
any gaming device that it | places in a licensed video gaming location on its premises in
| an amount set by the Board.
| (Source: P.A. 96-34, eff. 7-13-09.) | (230 ILCS 40/78)
| Sec. 78. Authority of the Illinois Gaming Board. | (a) The Board shall have jurisdiction over and shall | supervise all gaming operations governed by this Act. The Board | shall have all powers necessary and proper to fully and | effectively execute the provisions of this Act, including, but | not limited to, the following: | (1) To investigate applicants and determine the | eligibility of applicants for licenses and to select among | competing applicants the applicants which best serve the | interests of the citizens of Illinois. | (2) To have jurisdiction and supervision over all video | gaming operations in this State and all persons in | establishments where video gaming operations are | conducted. | (3) To adopt rules for the purpose of administering the | provisions of this Act and to prescribe rules, regulations, | and conditions under which all video gaming in the State | shall be conducted. Such rules and regulations are to | provide for the prevention of practices detrimental to the | public interest and for the best interests of video gaming, |
| including rules and regulations regarding the inspection | of such establishments and the review of any permits or | licenses necessary to operate an establishment under any | laws or regulations applicable to establishments and to | impose penalties for violations of this Act and its rules.
| (b) The Within 60 days after the effective date of this | amendatory Act of the 96th General Assembly, the Board shall | adopt emergency rules to administer this Act in accordance with | Section 5-45 of the Illinois Administrative Procedure Act. For | the purposes of the Illinois Administrative Procedure Act, the | General Assembly finds that the adoption of rules to implement | this Act is deemed an emergency and necessary to the public | interest, safety, and welfare.
| (Source: P.A. 96-38, eff. 7-13-09.) | Section 97. Severability. The provisions of this Act are | severable under Section 1.31 of the Statute on Statutes.
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/30/2010
|