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Public Act 098-0111
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| HB1140 Enrolled | LRB098 07314 AMC 37377 b |
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AN ACT concerning gaming.
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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 Video Gaming
Act is amended by changing |
Section 35 as follows:
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(230 ILCS 40/35)
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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
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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
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Code of 2012. Every gambling device found in
a licensed |
establishment, licensed truck stop establishment, licensed |
fraternal
establishment, or licensed
veterans establishment |
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operating gambling games in violation of this
Act shall be |
subject to seizure, confiscation, and destruction as provided
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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
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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
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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
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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.
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The provisions of this Section do not apply to devices or |
electronic video
game terminals licensed pursuant to this Act. |
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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.
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(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.)
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