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| Public Act 103-0550 | ||||
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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 Illinois Administrative Procedure Act is | ||||
amended by adding Section 5-45.35 as follows: | ||||
(5 ILCS 100/5-45.35 new) | ||||
Sec. 5-45.35. Emergency rulemaking; occupational licenses. | ||||
To provide for the expeditious and timely implementation of | ||||
this amendatory Act of the 103rd General Assembly, emergency | ||||
rules implementing the changes made to Section 9 of the | ||||
Illinois Gambling Act may be adopted in accordance with | ||||
Section 5-45 by the Illinois Gaming Board. The adoption of | ||||
emergency rules authorized by Section 5-45 and this Section is | ||||
deemed to be necessary for the public interest, safety, and | ||||
welfare. | ||||
This Section is repealed one year after the effective date | ||||
of this amendatory Act of the 103rd General Assembly. | ||||
Section 10. The Illinois Gambling Act is amended by | ||||
changing Section 9 as follows:
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(230 ILCS 10/9) (from Ch. 120, par. 2409)
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Sec. 9. Occupational licenses.
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(a) The Board may issue an occupational license to an | ||
applicant upon the
payment of a non-refundable fee set by the | ||
Board, upon a determination by
the Board that the applicant is | ||
eligible for an occupational license and
upon payment of an | ||
annual license fee in an amount to be established. To
be | ||
eligible for an occupational license, an applicant must:
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(1) be at least 21 years of age if the applicant will | ||
perform any
function involved in gaming by patrons. Any | ||
applicant seeking an
occupational license for a non-gaming | ||
function shall be at least 18 years
of age;
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(2) not have been convicted of a felony offense, a | ||
violation of Article
28 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar statute of any other
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jurisdiction if the applicant will perform any function | ||
involved in gaming by patrons;
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(2.5) not have been convicted of a crime, other than a | ||
crime described in item (2) of this subsection (a), | ||
involving dishonesty or moral turpitude if the applicant | ||
will perform any function involved in gaming by patrons, | ||
except that the Board may, in its discretion, issue an | ||
occupational license to a person who has been convicted of | ||
a crime described in this item (2.5) more than 10 years | ||
prior to his or her application and has not subsequently | ||
been convicted of any other crime;
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(3) have demonstrated a level of skill or knowledge | ||
which the Board
determines to be necessary in order to | ||
operate gambling aboard a riverboat, in a casino, or at an | ||
organization gaming facility; and
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(4) have met standards for the holding of an | ||
occupational license as
adopted by rules of the Board. | ||
Such rules shall provide that any person or
entity seeking | ||
an occupational license to manage gambling operations
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under this Act shall be subject to background inquiries | ||
and further requirements
similar to those required of | ||
applicants for an owners license.
Furthermore, such rules | ||
shall provide that each such entity shall be
permitted to | ||
manage gambling operations for only one licensed owner.
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(b) Each application for an occupational license shall be | ||
on forms
prescribed by the Board and shall contain all | ||
information required by the
Board. The applicant shall set | ||
forth in the application: whether he has been
issued prior | ||
gambling related licenses; whether he has been licensed in any
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other state under any other name, and, if so, such name and his | ||
age; and
whether or not a permit or license issued to him in | ||
any other state has
been suspended, restricted or revoked, | ||
and, if so, for what period of time.
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(c) Each applicant shall submit with his application, on | ||
forms provided
by the Board, 2 sets of his fingerprints. The | ||
Board shall charge each
applicant a fee set by the Illinois | ||
State Police to defray the costs
associated with the search | ||
and classification of fingerprints obtained by
the Board with | ||
respect to the applicant's application. These fees shall be
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paid into the State Police Services Fund.
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(d) The Board may in its discretion refuse an occupational | ||
license to
any person: (1) who is unqualified to perform the | ||
duties required of such
applicant; (2) who fails to disclose | ||
or states falsely any information
called for in the | ||
application; (3) who has been found guilty of a
violation of | ||
this Act or whose prior gambling related license or
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application therefor has been suspended, restricted, revoked | ||
or denied for
just cause in any other state; (4) who has a | ||
background, including a criminal record, reputation, habits, | ||
social or business associations, or prior activities, that | ||
poses a threat to the public interests of this State or to the | ||
security and integrity of gaming; or (5) (4) for any other just | ||
cause. When considering criminal convictions of an applicant, | ||
the Board shall consider the following factors: | ||
(1) the length of time since the conviction; | ||
(2) the number of convictions that appear on the | ||
conviction record; | ||
(3) the nature and severity of the conviction and its | ||
relationship to the safety and security of others or the | ||
integrity of gaming; | ||
(4) the facts or circumstances surrounding the | ||
conviction; | ||
(5) the age of the employee at the time of the | ||
conviction; and | ||
(6) evidence of rehabilitation efforts.
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(e) The Board may suspend, revoke or restrict any | ||
occupational licensee:
(1) for violation of any provision of | ||
this Act; (2) for violation of any
of the rules and regulations | ||
of the Board; (3) for any cause which, if
known to the Board, | ||
would have disqualified the applicant from receiving
such | ||
license; or (4) for default in the payment of any obligation or | ||
debt
due to the State of Illinois; or (5) for any other just | ||
cause.
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(f) A person who knowingly makes a false statement on an | ||
application is
guilty of a Class A misdemeanor.
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(g) Any license issued pursuant to this Section shall be | ||
valid for a
period of one year from the date of issuance.
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(h) Nothing in this Act shall be interpreted to prohibit a | ||
licensed
owner or organization gaming licensee from entering | ||
into an agreement with a public community college or a school | ||
approved under the
Private Business and Vocational Schools Act | ||
of 2012 for the training of any
occupational licensee. Any | ||
training offered by such a school shall be in
accordance with a | ||
written agreement between the licensed owner or organization | ||
gaming licensee and the school.
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(i) Any training provided for occupational licensees may | ||
be conducted
either at the site of the gambling facility or at | ||
a school with which a licensed owner or organization gaming | ||
licensee has
entered into an agreement pursuant to subsection | ||
(h).
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(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
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