|
|
||||
| Public Act 094-0667 |
||||
| ||||
| ||||
AN ACT concerning gaming.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Riverboat Gambling Act is amended by | ||||
changing Section 7 as follows:
| ||||
(230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||
Sec. 7. Owners Licenses.
| ||||
(a) The Board shall issue owners licenses to persons, firms | ||||
or
corporations which apply for such licenses upon payment to | ||||
the Board of the
non-refundable license fee set by the Board, | ||||
upon payment of a $25,000
license fee for the first year of | ||||
operation and a $5,000 license fee for
each succeeding year and | ||||
upon a determination by the Board that the
applicant is | ||||
eligible for an owners license pursuant to this Act and the
| ||||
rules of the Board. A person, firm or corporation is ineligible | ||||
to receive
an owners license if:
| ||||
(1) the person has been convicted of a felony under the | ||||
laws of this
State, any other state, or the United States;
| ||||
(2) the person has been convicted of any violation of | ||||
Article 28 of the
Criminal Code of 1961, or substantially | ||||
similar laws of any other jurisdiction;
| ||||
(3) the person has submitted an application for a | ||||
license under this
Act which contains false information;
| ||||
(4) the person is
a member of the Board;
| ||||
(5) a person defined in (1), (2), (3) or (4) is an | ||||
officer, director or
managerial employee of the firm or | ||||
corporation;
| ||||
(6) the firm or corporation employs a person defined in | ||||
(1), (2), (3) or
(4) who participates in the management or | ||||
operation of gambling operations
authorized under this | ||||
Act;
| ||||
(7) (blank); or
| ||||
(8) a license of the person, firm or corporation issued | ||
under
this Act, or a license to own or operate gambling | ||
facilities
in any other jurisdiction, has been revoked.
| ||
(b) In determining whether to grant an owners license to an | ||
applicant, the
Board shall consider:
| ||
(1) the character, reputation, experience and | ||
financial integrity of the
applicants and of any other or | ||
separate person that either:
| ||
(A) controls, directly or indirectly, such | ||
applicant, or
| ||
(B) is controlled, directly or indirectly, by such | ||
applicant or by a
person which controls, directly or | ||
indirectly, such applicant;
| ||
(2) the facilities or proposed facilities for the | ||
conduct of riverboat
gambling;
| ||
(3) the highest prospective total revenue to be derived | ||
by the State
from the conduct of riverboat gambling;
| ||
(4) the extent to which the ownership of the applicant | ||
reflects the
diversity of the State by including minority | ||
persons and females
and the good faith affirmative action | ||
plan of
each applicant to recruit, train and upgrade | ||
minority persons and females in all employment | ||
classifications;
| ||
(5) the financial ability of the applicant to purchase | ||
and maintain
adequate liability and casualty insurance;
| ||
(6) whether the applicant has adequate capitalization | ||
to provide and
maintain, for the duration of a license, a | ||
riverboat;
| ||
(7) the extent to which the applicant exceeds or meets | ||
other standards
for the issuance of an owners license which | ||
the Board may adopt by rule;
and
| ||
(8) The amount of the applicant's license bid.
| ||
(c) Each owners license shall specify the place where | ||
riverboats shall
operate and dock.
| ||
(d) Each applicant shall submit with his application, on | ||
forms
provided by the Board, 2 sets of his fingerprints.
| ||
(e) The Board may issue up to 10 licenses authorizing the | ||
holders of such
licenses to own riverboats. In the application | ||
for an owners license, the
applicant shall state the dock at | ||
which the riverboat is based and the water
on which the | ||
riverboat will be located. The Board shall issue 5 licenses to
| ||
become effective not earlier than January 1, 1991. Three of | ||
such licenses
shall authorize riverboat gambling on the | ||
Mississippi River, or, with approval
by the municipality in | ||
which the
riverboat was
is docked on August 7, 2003 and with | ||
Board approval, be authorized to relocate to a new location
the | ||
effective date of this amendatory Act of the 93rd
Assembly,
in | ||
a
municipality that (1) borders on the Mississippi River or is | ||
within 5
miles of the city limits of a municipality that | ||
borders on the Mississippi
River and (2), on August 7, 2003, | ||
had
the effective date of this amendatory Act of the 93rd | ||
General
Assembly, has a riverboat conducting riverboat | ||
gambling operations pursuant to
a license issued under this | ||
Act;, one of which shall authorize riverboat
gambling from a | ||
home dock in the city of East St. Louis. One other license
| ||
shall
authorize riverboat gambling on
the Illinois River south | ||
of Marshall County. The Board shall issue one
additional | ||
license to become effective not earlier than March 1, 1992, | ||
which
shall authorize riverboat gambling on the Des Plaines | ||
River in Will County.
The Board may issue 4 additional licenses | ||
to become effective not
earlier than
March 1, 1992. In | ||
determining the water upon which riverboats will operate,
the | ||
Board shall consider the economic benefit which riverboat | ||
gambling confers
on the State, and shall seek to assure that | ||
all regions of the State share
in the economic benefits of | ||
riverboat gambling.
| ||
In granting all licenses, the Board may give favorable | ||
consideration to
economically depressed areas of the State, to | ||
applicants presenting plans
which provide for significant | ||
economic development over a large geographic
area, and to | ||
applicants who currently operate non-gambling riverboats in
| ||
Illinois.
The Board shall review all applications for owners | ||
licenses,
and shall inform each applicant of the Board's | ||
decision.
The Board may grant an owners license to an
applicant | ||
that has not submitted the highest license bid, but if it does | ||
not
select the highest bidder, the Board shall issue a written | ||
decision explaining
why another
applicant was selected and | ||
identifying the factors set forth in this Section
that favored | ||
the winning bidder.
| ||
In addition to any other revocation powers granted to the | ||
Board under this
Act,
the Board may revoke the owners license | ||
of a licensee which fails
to begin conducting gambling within | ||
15 months
of receipt of the
Board's approval of the application | ||
if the Board determines that license
revocation is in the best | ||
interests of the State.
| ||
(f) The first 10 owners licenses issued under this Act | ||
shall permit the
holder to own up to 2 riverboats and equipment | ||
thereon
for a period of 3 years after the effective date of the | ||
license. Holders of
the first 10 owners licenses must pay the | ||
annual license fee for each of
the 3
years during which they | ||
are authorized to own riverboats.
| ||
(g) Upon the termination, expiration, or revocation of each | ||
of the first
10 licenses, which shall be issued for a 3 year | ||
period, all licenses are
renewable annually upon payment of the | ||
fee and a determination by the Board
that the licensee | ||
continues to meet all of the requirements of this Act and the
| ||
Board's rules.
However, for licenses renewed on or after May 1, | ||
1998, renewal shall be
for a period of 4 years, unless the | ||
Board sets a shorter period.
| ||
(h) An owners license shall entitle the licensee to own up | ||
to 2
riverboats. A licensee shall limit the number of gambling | ||
participants to
1,200 for any such owners license.
A licensee | ||
may operate both of its riverboats concurrently, provided that | ||
the
total number of gambling participants on both riverboats | ||
does not exceed
1,200. Riverboats licensed to operate on the
| ||
Mississippi River and the Illinois River south of Marshall | ||
County shall
have an authorized capacity of at least 500 | ||
persons. Any other riverboat
licensed under this Act shall have | ||
an authorized capacity of at least 400
persons.
| ||
(i) A licensed owner is authorized to apply to the Board | ||
for and, if
approved therefor, to receive all licenses from the | ||
Board necessary for the
operation of a riverboat, including a | ||
liquor license, a license
to prepare and serve food for human | ||
consumption, and other necessary
licenses. All use, occupation | ||
and excise taxes which apply to the sale of
food and beverages | ||
in this State and all taxes imposed on the sale or use
of | ||
tangible personal property apply to such sales aboard the | ||
riverboat.
| ||
(j) The Board may issue or re-issue a license authorizing a | ||
riverboat to
dock
in a municipality or approve a relocation | ||
under Section 11.2 only if, prior
to the issuance or | ||
re-issuance of
the license or approval, the governing body of | ||
the municipality in which
the riverboat will dock has by a | ||
majority vote approved the docking of
riverboats in the | ||
municipality. The Board may issue or re-issue a license
| ||
authorizing a
riverboat to dock in areas of a county outside | ||
any municipality or approve a
relocation under Section 11.2 | ||
only if, prior to the issuance or re-issuance
of the license
or | ||
approval, the
governing body of the county has by a majority | ||
vote approved of the docking of
riverboats within such areas.
| ||
(Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | ||
93-453, eff. 8-7-03;
revised 1-27-04.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||