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| Public Act 098-0587 | ||||
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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 | ||||
Sections 5 and 45 as follows:
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(230 ILCS 40/5)
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Sec. 5. Definitions. As used in this Act:
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"Board" means the Illinois Gaming Board.
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"Credit" means one, 5, 10, or 25 cents either won or | ||||
purchased by a player.
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"Distributor" means an individual, partnership, | ||||
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.
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"Terminal operator" means an individual, partnership, | ||||
corporation, or limited liability company that is
licensed | ||||
under this Act and that owns, services, and maintains video
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gaming terminals for placement in licensed establishments, | ||||
licensed truck stop establishments, licensed fraternal
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establishments, or licensed veterans establishments.
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"Licensed technician" means an individual
who
is licensed | ||||
under this Act to repair,
service, and maintain
video gaming | ||||
terminals.
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"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, | ||
corporation, or limited liability company defined as a | ||
manufacturer, distributor, supplier, technician, or terminal | ||
operator under this Act. | ||
"Manufacturer" means an individual, partnership, | ||
corporation, or limited liability company that is
licensed | ||
under this Act and that manufactures or assembles video gaming
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terminals.
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"Supplier" means an individual, partnership, 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.
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"Net terminal income" means money put into a video gaming | ||
terminal minus
credits paid out to players.
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"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
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dispenses coins, cash, or tokens or is for amusement purposes | ||
only.
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"Licensed establishment" means any licensed retail | ||
establishment where
alcoholic liquor is drawn, poured, mixed, | ||
or otherwise served for consumption
on the premises, whether | ||
the establishment operates on a nonprofit or for-profit basis. | ||
"Licensed establishment" and includes any such establishment | ||
that has a contractual relationship with an inter-track | ||
wagering location licensee licensed under the Illinois Horse | ||
Racing Act of 1975, provided any contractual relationship shall | ||
not include any transfer or offer of revenue from the operation | ||
of video gaming under this Act to any licensee licensed under | ||
the Illinois Horse Racing Act of 1975. Provided, however, that | ||
the licensed establishment that has such a contractual | ||
relationship with an inter-track wagering location licensee | ||
may not, itself, be (i) an inter-track wagering location | ||
licensee, (ii) the corporate parent or subsidiary of any | ||
licensee licensed under the Illinois Horse Racing Act of 1975, | ||
or (iii) the corporate subsidiary of a corporation that is also | ||
the corporate parent or subsidiary of any licensee licensed | ||
under the Illinois Horse Racing Act of 1975. "Licensed | ||
establishment" does not include 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 a riverboat licensed under | ||
the Riverboat Gambling Act, except as provided in this | ||
paragraph. The changes made to this definition by this | ||
amendatory Act of the 98th General Assembly are declarative of | ||
existing law.
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"Licensed fraternal establishment" means the location | ||
where a qualified
fraternal organization that derives its | ||
charter from a national fraternal
organization regularly | ||
meets.
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"Licensed veterans establishment" means the location where | ||
a qualified
veterans organization that derives its charter from | ||
a national veterans
organization regularly meets.
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"Licensed truck stop establishment" means a facility (i) | ||
that is at least a
3-acre facility with a convenience store, | ||
(ii) 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 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.
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(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||
96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff. | ||
8-12-11.)
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(230 ILCS 40/45)
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Sec. 45. Issuance of license.
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(a) The burden is upon each applicant to
demonstrate his | ||
suitability for licensure. Each video gaming terminal
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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.
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(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 or the | ||
Criminal Code of 2012. 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. To the extent that the | ||
corporate structure of the applicant allows, the The background | ||
investigation shall include any or all of the following as the | ||
Board deems appropriate or as provided by rule for each | ||
category of licensure: (i) each beneficiary of a trust, (ii) | ||
each partner of a partnership, (iii) each member of a limited | ||
liability company, (iv) and each director and officer of a | ||
publicly or non-publicly held corporation, (v) each | ||
stockholder of a non-publicly held corporation, (vi) each | ||
stockholder of 5% or more of a publicly held corporation, or | ||
(vii) each stockholder 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, corporation, or limited liability | ||
company having a greater than 1% direct or indirect pecuniary | ||
interest in the video gaming terminal operation for 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:
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(1) Manufacturer..........................$5,000
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(2) Distributor...........................$5,000
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(3) Terminal operator.....................$5,000
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(4) Supplier..............................$2,500
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(5) Technician..............................$100
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(6) Terminal Handler..............................$50 | ||
(g) The Board shall establish an
annual fee for each | ||
license not to exceed the following: | ||
(1) Manufacturer.........................$10,000
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(2) Distributor..........................$10,000
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(3) Terminal operator.....................$5,000
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(4) Supplier..............................$2,000
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(5) Technician..............................$100
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(6) Licensed establishment, licensed truck stop
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establishment, licensed fraternal establishment,
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or licensed veterans establishment..............$100
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(7) Video gaming terminal...................$100
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(8) Terminal Handler..............................$50
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(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||
eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; | ||
97-1150, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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