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| Public Act 093-0742 |
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AN ACT in relation to gaming.
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Be it enacted by the People of the State of Illinois, | |||||||||||||||||
represented in the General Assembly:
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Section 5. The Bingo License and Tax Act is amended by | |||||||||||||||||
changing
Section 1 as follows:
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(230 ILCS 25/1) (from Ch. 120, par. 1101)
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Sec. 1. The Department of Revenue shall, upon application | |||||||||||||||||
therefor on
forms prescribed by such Department, and upon the | |||||||||||||||||
payment of an
annual fee
of $200 or a triennial fee of $600, | |||||||||||||||||
and
upon a determination by the
Department that the applicant | |||||||||||||||||
meets
all of the qualifications specified in this Section, | |||||||||||||||||
issue a license for
the conducting of bingo to any bona fide | |||||||||||||||||
religious, charitable, labor,
fraternal, youth athletic, | |||||||||||||||||
senior citizen, educational or veterans'
organization | |||||||||||||||||
organized in Illinois which operates without profit to its
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members, which has been in existence in Illinois continuously | |||||||||||||||||
for a period
of 5 years immediately before making application | |||||||||||||||||
for a license and which
has had during that entire 5 year | |||||||||||||||||
period a bona fide membership engaged in
carrying out its | |||||||||||||||||
objects. However, the 5 year requirement shall be
reduced to 2 | |||||||||||||||||
years, as applied to a local organization which is affiliated
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with and chartered by a national organization which meets the 5 | |||||||||||||||||
year
requirement. Each annual license expires at midnight, June | |||||||||||||||||
30 following
its date
of issuance, except that, beginning with | |||||||||||||||||
applicants whose licenses expire
on June 30, 1983, the | |||||||||||||||||
Department shall stagger license expiration dates by
dividing | |||||||||||||||||
the applicants into 4 groups which are substantially equal in
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number. Licenses issued and license fees charged to applicants | |||||||||||||||||
in each
group shall be in accordance with the following | |||||||||||||||||
schedule:
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Following expiration under this schedule, each renewed license | |||||||||||||||||
shall be
in effect for one year from its date of issuance | |||||||||||||||||
unless suspended or revoked
by Department action before that | |||||||||||||||||
date. After June 30, 1983, every new
annual license shall | |||||||||||||||||
expire one year from the date of issuance unless
suspended or
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revoked and every new triennial license issued or renewed on or | |||||||||||||||||
after July
1, 2004 shall be in
effect for 3 years from its date | |||||||||||||||||
of issuance unless suspended or revoked by
Department action | |||||||||||||||||
before that date. A licensee may hold only one license and
that | |||||||||||||||||
license is valid
for only one location.
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For purposes of this Act, the following definitions apply: | |||||||||||||||||
"Organization":
A corporation, agency, partnership, | |||||||||||||||||
association, firm or other entity
consisting of 2 or more | |||||||||||||||||
persons joined by a common interest or purpose.
"Non-profit | |||||||||||||||||
organization": An organization or institution organized and
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conducted on a not-for-profit basis with no personal profit | |||||||||||||||||
inuring to any
one as a result of the operation. "Charitable | |||||||||||||||||
organization": An
organization or institution organized and | |||||||||||||||||
operated to benefit an indefinite
number of the public. | |||||||||||||||||
"Educational organization": An organization or
institution | |||||||||||||||||
organized and operated to provide systematic instruction in
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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 organization":
Any church, | |||||||||||||||||
congregation, society, or organization founded for the purpose
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of religious worship. "Fraternal organization": An | |||||||||||||||||
organization of persons,
including but not limited to ethnic | |||||||||||||||||
organizations, having a common
interest, organized and | |||||||||||||||||
operated exclusively to promote the welfare of its
members and | |||||||||||||||||
to benefit the general public on a continuing and consistent
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basis. "Veterans organization": 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. "Labor organization": An
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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. "Youth athletic | ||
organization": An organization having as its
exclusive purpose | ||
the promotion and provision of athletic activities for
youth | ||
aged 18 and under. "Senior citizens organization": An | ||
organization
or association comprised of members of which | ||
substantially all are
individuals who are senior citizens, as | ||
defined in Section 3.05 of the
Illinois Act on the Aging, the | ||
primary purpose of which is to promote the
welfare of its | ||
members.
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Licensing for the conducting of bingo is subject to the | ||
following
restrictions:
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(1) The license application, when submitted to the | ||
Department of Revenue,
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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(2) The application for license shall be prepared in | ||
accordance with the
rules of the Department of Revenue.
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(3) Each license shall state which day of the week and | ||
at what location
the licensee is permitted to conduct | ||
bingo. The Department may, on special
application made by | ||
any organization having a bingo license, issue a special
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operator's permit for conducting bingo at other premises | ||
and on other days
not exceeding 7 consecutive days, except | ||
that a licensee may conduct bingo
at the Illinois State | ||
Fair or any county fair held in Illinois during each
day | ||
that the fair is in effect; such bingo games conducted at | ||
the Illinois
State Fair or a county fair shall not require | ||
a special operator's permit.
No more than 2 special | ||
operator's permits may be issued in one year to any
one | ||
organization. Any organization, qualified for a license | ||
but not
holding one, upon application and payment of a $50 | ||
fee may receive a
limited license to conduct bingo at no | ||
more than 2 indoor or outdoor
festivals in a year for a | ||
maximum of 5 days on each occasion or, upon
application and | ||
payment of a $150 fee, may receive a limited license to | ||
conduct
bingo at no more than 2 indoor or outdoor festivals | ||
in a year for up to 3 years
for a maximum of 5 days on each | ||
occasion. Such limited
license shall be prominently | ||
displayed at the site of the bingo games.
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(4) The licensee shall display a license in a prominent | ||
place in the area
where it is to conduct bingo.
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(5) The proceeds from the license fee imposed by this | ||
Act shall be paid
into the General Revenue Fund of the | ||
State Treasury.
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(6) A license authorizes the licensee to conduct the | ||
game commonly known
as bingo, in which prizes are awarded | ||
on the basis of designated numbers
or symbols on a card | ||
conforming to numbers or symbols selected at random.
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(7) The Director has the power to issue or to refuse to | ||
issue a license
permitting a person, firm or corporation to | ||
provide premises for the
conduct of bingo; provided, | ||
however, that a municipality shall not be
required to | ||
obtain a license to provide such premises. The fee for such
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providers' license is $200. A person, firm or corporation | ||
holding such a
license may receive reasonable expenses for | ||
providing premises for
conducting bingo. Reasonable | ||
expenses shall include only those expenses
defined as | ||
reasonable by rules promulgated by the Department.
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(8) The Department may issue restricted licenses to | ||
senior citizens
organizations. The fee for a restricted | ||
license is $10 per year
or $30 for 3 years. Restricted | ||
licenses shall be subject to the following
conditions:
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(A) Bingo shall be conducted only at a facility | ||
which is owned by a unit
of local government to which | ||
the corporate authorities have given their
approval | ||
and which is used to provide social services or a
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meeting place to senior citizens, or in common areas in | ||
multi-unit federally
assisted rental housing | ||
maintained solely for the elderly and handicapped;
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(B) The price paid for a single card shall not | ||
exceed 5 cents;
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(C) The aggregate retail value of all prizes or | ||
merchandise awarded in
any one game of bingo shall not | ||
exceed $1;
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(D) No person or organization shall participate in | ||
the management or
operation of bingo under a restricted | ||
license if the person or organization
would be | ||
ineligible for a license under this Section;
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(E) No license is required to provide premises for | ||
bingo conducted under
a restricted license; and
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(F) The Department may, by rule, exempt restricted | ||
licensees from such
requirements of this Act as the | ||
Department may deem appropriate.
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The Director has the power to issue a license permitting an | ||
Illinois person,
firm or corporation to sell, lease or | ||
distribute to any organization licensed
to conduct bingo games | ||
or to any licensed bingo supplier all cards, boards,
sheets, | ||
markers, pads and all other supplies, devices and equipment
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designed for use in the play of bingo. No person, firm or | ||
corporation shall
sell, lease or distribute bingo supplies or | ||
equipment without having first
obtained a license therefor upon | ||
written application made, verified and
filed with the | ||
Department in the form prescribed by the rules and
regulations | ||
of the Department. The fee for such license is $200.
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Applications for providers' and suppliers' licenses shall | ||
be made in writing
in accordance with Department rules. Each | ||
providers' or suppliers' license
is valid for one year from | ||
date of issuance, unless suspended or revoked by
Department | ||
action before that date.
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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 has been convicted of a violation of | ||
Article 28 of
the "Criminal Code of 1961";
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(c) any person found gambling, participating in | ||
gambling or knowingly
permitting gambling on premises | ||
where bingo is being conducted;
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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 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 bingo game.
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(Source: P.A. 87-758.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2004.
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