Illinois General Assembly - Full Text of Public Act 098-0111

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Public Act 098-0111

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Public Act 0111 98TH GENERAL ASSEMBLY

Public Act 098-0111

HB1140 Enrolled LRB098 07314 AMC 37377 b

    AN ACT concerning gaming.

    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
Section 35 as follows:

    (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 2012. 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 2012. 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.
    Nothing in this Section shall be deemed to prohibit the use
of a game device only if the game device is used in an activity
that is not gambling under subsection (b) of Section 28-1 of
the Criminal Code of 2012.
    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 2012.
    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 shall not be subject to this
Section until 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;
96-1410, eff. 7-30-10; 97-1150, eff. 1-25-13.)

Effective Date: 1/1/2014

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