| ||||
| Public Act 096-1410 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Video Gaming
Act is amended by changing | ||||
Sections 5, 15, 20, 25, 30, 35, 45, 55, 57, and 78 as follows: | ||||
(230 ILCS 40/5)
| ||||
Sec. 5. Definitions. As used in this Act:
| ||||
"Board" means the Illinois Gaming Board.
| ||||
"Credit" means one, 5, 10, or 25 cents either won or | ||||
purchased by a player.
| ||||
"Distributor" means an individual, partnership, or | ||||
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.
| ||||
"Terminal operator" means an individual, partnership, or | ||||
corporation, or limited liability company that is
licensed | ||||
under this Act and that owns, services, and maintains video
| ||||
gaming terminals for placement in licensed establishments, | ||||
licensed truck stop establishments, licensed fraternal
| ||||
establishments, or licensed veterans establishments.
| ||||
"Licensed technician" means an individual
who
is licensed | ||||
under this Act to repair,
service, and maintain
video gaming | ||||
terminals.
| ||
"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, or | ||
corporation, or limited liability company defined as a | ||
manufacturer, distributor, supplier, technician, or terminal | ||
operator under this Act. | ||
"Manufacturer" means an individual, partnership, or | ||
corporation, or limited liability company that is
licensed | ||
under this Act and that manufactures or assembles video gaming
| ||
terminals.
| ||
"Supplier" means an individual, partnership, or | ||
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.
| ||
"Net terminal income" means money put into a video gaming | ||
terminal minus
credits paid out to players.
| ||
"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
| ||
dispenses coins, cash, or tokens or is for amusement purposes | ||
only.
| ||
"Licensed establishment" means any licensed retail | ||
establishment where
alcoholic liquor is drawn, poured, mixed, | ||
or otherwise served for consumption
on the premises. "Licensed | ||
establishment" does not include a facility operated by an | ||
organization licensee, an intertrack wagering licensee, or an | ||
intertrack wagering location licensee licensed under the | ||
Illinois Horse Racing Act of 1975 or a riverboat licensed under | ||
the Riverboat Gambling Act.
| ||
"Licensed fraternal establishment" means the location | ||
where a qualified
fraternal organization that derives its | ||
charter from a national fraternal
organization regularly | ||
meets.
| ||
"Licensed veterans establishment" means the location where | ||
a qualified
veterans organization that derives its charter from | ||
a national veterans
organization regularly meets.
| ||
"Licensed truck stop establishment" means a facility (i) | ||
that is at least a
3-acre facility with a convenience store, | ||
(ii) and 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 | ||
and 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.
| ||
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) | ||
(230 ILCS 40/15)
| ||
Sec. 15. Minimum requirements for
licensing and | ||
registration. Every video gaming terminal offered for
play | ||
shall first be
tested and approved pursuant to the rules of the | ||
Board, and
each video gaming terminal offered in this State for | ||
play shall conform to an
approved
model. The Board may utilize | ||
the services of an independent outside testing laboratory for | ||
the
examination of video gaming machines and associated | ||
equipment as required
by this Section. Every video gaming | ||
terminal offered in this State for play must meet minimum | ||
standards set by an independent outside testing laboratory | ||
approved by the Board. Each approved model shall, at a minimum, | ||
meet the following
criteria:
| ||
(1) It must conform to all requirements of federal law | ||
and
regulations, including FCC Class A
Emissions | ||
Standards.
| ||
(2) It must theoretically pay out a mathematically | ||
demonstrable percentage
during the expected lifetime of | ||
the machine
of all amounts played, which must not be less | ||
than 80%. The Board shall establish a maximum payout | ||
percentage for approved models by rule. Video gaming
| ||
terminals that may be affected by skill must meet this | ||
standard when using a
method of play that will provide the | ||
greatest return to the player over a
period of continuous | ||
play.
| ||
(3) It must use a random selection process to determine | ||
the outcome of
each play of a game. The random selection | ||
process must meet 99% confidence
limits using a standard | ||
chi-squared test for (randomness) goodness of fit.
| ||
(4) It must display an accurate representation of the | ||
game outcome.
| ||
(5) It must not automatically alter pay tables or any | ||
function of the
video gaming terminal based on internal | ||
computation of hold percentage or have
any means of | ||
manipulation that affects the random selection process or
| ||
probabilities of winning a game.
| ||
(6) It must not be adversely affected by static | ||
discharge or other
electromagnetic interference.
| ||
(7) It must be capable of detecting and displaying the | ||
following
conditions
during idle states or on demand: power | ||
reset; door open; and door just closed.
| ||
(8) It must have the capacity to display complete play | ||
history
(outcome, intermediate play steps, credits | ||
available, bets placed, credits
paid, and credits cashed | ||
out) for the most recent game played and 10 games
prior
| ||
thereto.
| ||
(9) The theoretical payback percentage of a video | ||
gaming terminal must
not be
capable of being changed | ||
without making a hardware or software change in
the video | ||
gaming terminal, either on site or via the central | ||
communications system.
| ||
(10) Video gaming terminals must be designed so that | ||
replacement of
parts or modules required for normal | ||
maintenance does not necessitate
replacement of the | ||
electromechanical meters.
| ||
(11) It must have nonresettable meters housed in a | ||
locked area of the
terminal that
keep a permanent record of | ||
all cash inserted into the machine, all winnings
made by | ||
the terminal printer, credits played in for video gaming | ||
terminals, and
credits won by video gaming players. The | ||
video gaming terminal must provide
the means for on-demand | ||
display of stored information as determined by the
Board.
| ||
(12) Electronically stored meter information required | ||
by this Section
must be preserved for a minimum of 180 days | ||
after a power loss to the service.
| ||
(13) It must have one or more mechanisms that accept | ||
cash in the
form of
bills. The mechanisms shall be designed | ||
to prevent obtaining credits without
paying by stringing, | ||
slamming, drilling, or other means. If such attempts at | ||
physical tampering are made, the video gaming terminal | ||
shall suspend itself from operating until reset.
| ||
(14) It shall have accounting software that keeps an | ||
electronic record
which includes, but is not limited to, | ||
the following: total cash inserted
into the video gaming | ||
terminal; the value of winning tickets claimed by
players; | ||
the
total credits played; the total
credits awarded
by a | ||
video gaming terminal; and pay back percentage credited to | ||
players of each video game.
| ||
(15) It shall be linked by a central communications | ||
system
to provide
auditing program information as approved | ||
by the Board. The central communications system shall use a | ||
standard industry protocol, as defined by the Gaming | ||
Standards Association, and shall have the functionality to | ||
enable the Board or its designee to activate or deactivate | ||
individual gaming devices from the central communications | ||
system. In no event may the
communications system approved | ||
by the Board limit participation to only one
manufacturer | ||
of video gaming terminals by either the cost in | ||
implementing
the necessary program modifications to | ||
communicate or the inability to
communicate with the | ||
central communications system.
| ||
(16) The Board, in its discretion, may require video | ||
gaming terminals to display Amber Alert messages if the | ||
Board makes a finding that it would be economically and | ||
technically feasible and pose no risk to the integrity and | ||
security of the central communications system and video | ||
gaming terminals.
| ||
The Board may adopt rules to establish additional criteria | ||
to preserve the integrity and security of video gaming in this | ||
State. The central communications system vendor may not hold | ||
any license issued by the Board under this Act. | ||
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) | ||
(230 ILCS 40/20)
| ||
Sec. 20. Direct dispensing of receipt tickets only. A video | ||
gaming
terminal may not
directly dispense coins, cash, tokens, | ||
or any other article of exchange or
value except for receipt | ||
tickets. Tickets shall be dispensed by
pressing the ticket | ||
dispensing button on the video gaming terminal at the end
of | ||
one's turn or play. The ticket shall indicate the total amount | ||
of credits
and the cash award, the time of day in a 24-hour | ||
format showing hours and
minutes, the date, the
terminal serial | ||
number, the sequential number of the ticket, and an encrypted
| ||
validation number from which the validity of the prize may be | ||
determined.
The player shall turn in this ticket to the | ||
appropriate
person at the licensed establishment, licensed | ||
truck stop establishment, licensed fraternal establishment,
or
| ||
licensed veterans establishment
to receive the cash award. The | ||
cost
of the credit shall be one cent, 5 cents, 10 cents, or 25 | ||
cents, and the maximum
wager played per hand shall not exceed | ||
$2.
No cash award for the maximum wager on any
individual hand | ||
shall exceed $500.
| ||
(Source: P.A. 96-34, eff. 7-13-09.)
| ||
(230 ILCS 40/25)
| ||
Sec. 25. Restriction of licensees.
| ||
(a) Manufacturer. A person may not be licensed as a | ||
manufacturer of a
video gaming terminal in Illinois unless the | ||
person has a valid
manufacturer's license issued
under this | ||
Act. A manufacturer may only sell video gaming terminals for | ||
use
in Illinois to
persons having a valid distributor's | ||
license.
| ||
(b) Distributor. A person may not sell, distribute, or | ||
lease
or market a video gaming terminal in Illinois unless the | ||
person has a valid
distributor's
license issued under this Act. | ||
A distributor may only sell video gaming
terminals for use in
| ||
Illinois to persons having a valid distributor's or terminal | ||
operator's
license.
| ||
(c) Terminal operator. A person may not own, maintain, or | ||
place a video gaming terminal unless he has a valid terminal | ||
operator's
license issued
under this Act. A terminal operator | ||
may only place video gaming terminals for
use in
Illinois in | ||
licensed establishments, licensed truck stop establishments, | ||
licensed fraternal establishments,
and
licensed veterans | ||
establishments.
No terminal operator may give anything of | ||
value, including but not limited to
a loan or financing | ||
arrangement, to a licensed establishment, licensed truck stop | ||
establishment,
licensed fraternal establishment, or licensed | ||
veterans establishment as
any incentive or inducement to locate | ||
video terminals in that establishment.
Of the after-tax profits
| ||
from a video gaming terminal, 50% shall be paid to the terminal
| ||
operator and 50% shall be paid to the licensed establishment, | ||
licensed truck stop establishment,
licensed fraternal | ||
establishment, or
licensed veterans establishment, | ||
notwithstanding nothwithstanding any agreement to the | ||
contrary.
No terminal
operator may own or have a substantial | ||
interest in more than 5% of the video
gaming terminals licensed | ||
in this State. A video terminal operator that violates one or | ||
more requirements of this subsection is guilty of a Class 4 | ||
felony and is subject to termination of his or her license by | ||
the Board.
| ||
(d) Licensed technician. A person may not service, | ||
maintain, or repair a
video gaming terminal
in this State | ||
unless he or she (1) has a valid technician's license issued
| ||
under this Act, (2) is a terminal operator, or (3) is employed | ||
by a terminal
operator, distributor, or manufacturer.
| ||
(d-5) Licensed terminal handler. No person, including, but | ||
not limited to, an employee or independent contractor working | ||
for a manufacturer, distributor, supplier, technician, or | ||
terminal operator licensed pursuant to this Act, shall have | ||
possession or control of a video gaming terminal, or access to | ||
the inner workings of a video gaming terminal, unless that | ||
person possesses a valid terminal handler's license issued | ||
under this Act. | ||
(e) Licensed establishment. No video gaming terminal may be | ||
placed in any licensed establishment, licensed veterans | ||
establishment, licensed truck stop establishment,
or licensed | ||
fraternal establishment
unless the owner
or agent of the owner | ||
of the licensed establishment, licensed veterans | ||
establishment, licensed truck stop establishment, or licensed
| ||
fraternal establishment has entered into a
written use | ||
agreement with the terminal operator for placement of the
| ||
terminals. A copy of the use agreement shall be on file in the | ||
terminal
operator's place of business and available for | ||
inspection by individuals
authorized by the Board. A licensed | ||
establishment, licensed truck stop establishment, licensed | ||
veterans establishment,
or
licensed
fraternal
establishment | ||
may operate up to 5 video gaming terminals on its premises at | ||
any
time.
| ||
(f) (Blank).
| ||
(g) Financial interest restrictions.
As used in this Act, | ||
"substantial interest" in a partnership, a corporation, an
| ||
organization, an association, or a business, or a limited | ||
liability company means:
| ||
(A) When, with respect to a sole proprietorship, an | ||
individual or
his or her spouse owns, operates, manages, or | ||
conducts, directly
or indirectly, the organization, | ||
association, or business, or any part thereof;
or
| ||
(B) When, with respect to a partnership, the individual | ||
or his or
her spouse shares in any of the profits, or | ||
potential profits,
of the partnership activities; or
| ||
(C) When, with respect to a corporation, an individual | ||
or his or her
spouse is an officer or director, or the | ||
individual or his or her spouse is a holder, directly or | ||
beneficially, of 5% or more of any class
of stock of the | ||
corporation; or
| ||
(D) When, with respect to an organization not covered | ||
in (A), (B) or
(C) above, an individual or his or her | ||
spouse is an officer or manages the
business affairs, or | ||
the individual or his or her spouse is the
owner of or | ||
otherwise controls 10% or more of the assets of the | ||
organization;
or
| ||
(E) When an individual or his or her spouse furnishes
| ||
5% or more of the capital, whether in cash, goods, or | ||
services, for the
operation of any business, association, | ||
or organization during any calendar
year; or . | ||
(F) When, with respect to a limited liability company, | ||
an individual or his or her
spouse is a member, or the | ||
individual or his or her spouse is a holder, directly or | ||
beneficially, of 5% or more of the membership interest of | ||
the limited liability company.
| ||
For purposes of this subsection (g), "individual" includes | ||
all individuals or their spouses whose combined interest would | ||
qualify as a substantial interest under this subsection (g) and | ||
whose activities with respect to an organization, association, | ||
or business are so closely aligned or coordinated as to | ||
constitute the activities of a single entity. | ||
(h) Location restriction. A licensed establishment, | ||
licensed truck stop establishment, licensed
fraternal
| ||
establishment, or licensed veterans establishment that is (i) | ||
located within 1,000
feet of a facility operated by an | ||
organization organizational licensee, an inter-track | ||
intertrack wagering licensee, or an inter-track intertrack | ||
wagering location licensee licensed under the Illinois Horse | ||
Racing Act of 1975 or the home dock of a riverboat licensed | ||
under the Riverboat
Gambling Act or (ii) located within with a | ||
100 feet of a school or a place of worship under the Religious | ||
Corporation Act, is ineligible to operate a video gaming | ||
terminal. The location restrictions in this subsection (h) do | ||
not apply if a facility operated by an organization licensee, | ||
an inter-track wagering licensee, or an inter-track wagering | ||
location licensee, a school, or a place of worship moves to or | ||
is established within the restricted area after a licensed | ||
establishment, licensed truck stop establishment, licensed | ||
fraternal establishment, or licensed veterans establishment | ||
becomes licensed under this Act. For the purpose of this | ||
subsection, "school" means an elementary or secondary public | ||
school, or an elementary or secondary private school registered | ||
with or recognized by the State Board of Education. | ||
Notwithstanding the provisions of this subsection (h), the | ||
Board may waive the requirement that a licensed establishment, | ||
licensed truck stop establishment, licensed fraternal | ||
establishment, or licensed veterans establishment not be | ||
located within 1,000 feet from 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 the home dock of a | ||
riverboat licensed under the Riverboat Gambling Act. The Board | ||
shall not grant such waiver if there is any common ownership or | ||
control, shared business activity, or contractual arrangement | ||
of any type between the establishment and the organization | ||
licensee, inter-track wagering licensee, inter-track wagering | ||
location licensee, or owners licensee of a riverboat. The Board | ||
shall adopt rules to implement the provisions of this | ||
paragraph. | ||
(i) Undue economic concentration. In addition to | ||
considering all other requirements under this Act, in deciding | ||
whether to approve the operation of video gaming terminals by a | ||
terminal operator in a location, the Board shall consider the | ||
impact of any economic concentration of such operation of video | ||
gaming terminals. The Board shall not allow a terminal operator | ||
to operate video gaming terminals if the Board determines such | ||
operation will result in undue economic concentration. For | ||
purposes of this Section, "undue economic concentration" means | ||
that a terminal operator would have such actual or potential | ||
influence over video gaming terminals in Illinois as to: | ||
(1) substantially impede or suppress competition among | ||
terminal operators; | ||
(2) adversely impact the economic stability of the | ||
video gaming industry in Illinois; or | ||
(3) negatively impact the purposes of the Video Gaming | ||
Act. | ||
The Board shall adopt rules concerning undue economic | ||
concentration with respect to the operation of video gaming | ||
terminals in Illinois. The rules shall include, but not be | ||
limited to, (i) limitations on the number of video gaming | ||
terminals operated by any terminal operator within a defined | ||
geographic radius and (ii) guidelines on the discontinuation of | ||
operation of any such video gaming terminals the Board | ||
determines will cause undue economic concentration.
| ||
(j) (i) The provisions of the Illinois Antitrust Act are | ||
fully and equally applicable to the activities of any licensee | ||
under this Act.
| ||
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||
eff. 7-13-09; revised 8-17-09.)
| ||
(230 ILCS 40/30)
| ||
Sec. 30. Multiple types of licenses prohibited. A video | ||
gaming
terminal
manufacturer may not be licensed as a video | ||
gaming terminal
operator or own, manage, or control a licensed
| ||
establishment, licensed truck stop establishment, licensed | ||
fraternal establishment, or licensed veterans
establishment, | ||
and shall be licensed to sell only to persons having a valid | ||
distributor's license or, if the manufacturer also holds a | ||
valid distributor's license, to sell, distribute, lease, or | ||
market to persons having a valid terminal operator's license | ||
only to sell to distributors. A video
gaming terminal | ||
distributor may not be licensed as a
video gaming terminal | ||
operator or own, manage, or
control a
licensed establishment, | ||
licensed truck stop establishment, licensed fraternal | ||
establishment, or licensed
veterans
establishment, and shall | ||
only contract with a licensed terminal
operator. A video gaming | ||
terminal operator may not be licensed as
a video
gaming | ||
terminal manufacturer or distributor or own, manage, or control | ||
a
licensed establishment, licensed truck stop establishment, | ||
licensed fraternal establishment, or licensed
veterans
| ||
establishment, and shall be licensed only to contract with | ||
licensed
distributors and licensed establishments, licensed | ||
truck stop establishments,
licensed fraternal
establishments,
| ||
and licensed veterans establishments. An owner or manager of a
| ||
licensed establishment, licensed truck stop establishment, | ||
licensed fraternal
establishment, or licensed
veterans
| ||
establishment may not be licensed as a video gaming terminal
| ||
manufacturer, distributor, or operator, and shall only | ||
contract with a
licensed operator to place and service this | ||
equipment.
| ||
(Source: P.A. 96-34, eff. 7-13-09.) | ||
(230 ILCS 40/35)
| ||
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
| ||
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
| ||
Code of 1961. Every gambling device found in
a licensed | ||
establishment, licensed truck stop establishment, licensed | ||
fraternal
establishment, or licensed
veterans establishment | ||
operating gambling games in violation of this
Act shall be | ||
subject to seizure, confiscation, and destruction as provided
| ||
in Section 28-5 of the Criminal Code of 1961.
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
| ||
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
| ||
removing and recording the removal of credits when the award of | ||
credits is
dependent upon chance. A violation of this Section | ||
is a Class 4 felony. All
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 1961.
The provisions of this Section do | ||
not apply to devices or electronic video
game terminals | ||
licensed pursuant to this Act. A video gaming terminal operated | ||
for amusement only and bearing a valid amusement tax sticker | ||
issued prior to the effective date of this amendatory Act of | ||
the 96th General Assembly shall not be subject to this Section | ||
until the sooner of (i) the expiration of the amusement tax | ||
sticker or (ii) 30 days after the Board establishes that the | ||
central communications system is functional.
| ||
(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.)
| ||
(230 ILCS 40/45)
| ||
Sec. 45. Issuance of license.
| ||
(a) The burden is upon each applicant to
demonstrate his | ||
suitability for licensure. Each video gaming terminal
| ||
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.
| ||
(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. 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. The background | ||
investigation shall include each beneficiary of a trust, each | ||
partner of a partnership, and each director and officer 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, or corporation, or limited | ||
liability company having a greater than 1% direct or indirect | ||
pecuniary interest in the video gaming terminal operation for | ||
to 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:
| ||
(1) Manufacturer..........................$5,000
| ||
(2) Distributor...........................$5,000
| ||
(3) Terminal operator.....................$5,000
| ||
(4) Supplier..............................$2,500
| ||
(5) Technician..............................$100
| ||
(6) Terminal Handler..............................$50 | ||
(g) The Board shall establish an
annual fee for each | ||
license not to exceed the following: | ||
(1) Manufacturer.........................$10,000
| ||
(2) Distributor..........................$10,000
| ||
(3) Terminal operator.....................$5,000
| ||
(4) Supplier..............................$2,000
| ||
(5) Technician..............................$100
| ||
(6) Licensed establishment, licensed truck stop
| ||
establishment, licensed fraternal establishment,
| ||
or licensed veterans establishment..............$100
| ||
(7) Video gaming terminal...................$100
| ||
(8) Terminal Handler..............................$50
| ||
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||
eff. 7-13-09; revised 8-17-09.)
| ||
(230 ILCS 40/55)
| ||
Sec. 55. Precondition for licensed location establishment. | ||
In all cases of
application for a licensed location | ||
establishment,
to operate a video gaming terminal,
each | ||
licensed establishment licensed truck stop establishment, | ||
licensed
fraternal establishment, or licensed veterans
| ||
establishment
shall
possess a valid liquor license issued by | ||
the Illinois Liquor Control Commission
in effect at the time of | ||
application
and at all times thereafter during which a video
| ||
gaming terminal is made available to the public for play at | ||
that location. Video gaming terminals in a licensed location | ||
shall be
operated only during the same hours of operation | ||
generally permitted to holders of a license under the Liquor | ||
Control Act of 1934 within the unit of local government in | ||
which they are located. A licensed truck stop establishment | ||
that does not hold a liquor license may operate video gaming | ||
terminals on a continuous basis. A licensed fraternal | ||
establishment or licensed veterans establishment that does not | ||
hold a liquor license may operate video gaming terminals if (i) | ||
the establishment is located in a county with a population | ||
between 6,500 and 7,000, based on the 2000 U.S. Census, (ii) | ||
the county prohibits by ordinance the sale of alcohol, and | ||
(iii) the establishment is in a portion of the county where the | ||
sale of alcohol is prohibited.
| ||
(Source: P.A. 96-34, eff. 7-13-09.) | ||
(230 ILCS 40/57)
| ||
Sec. 57. Insurance. Each terminal operator licensed | ||
establishment, licensed truck stop
establishment, licensed | ||
fraternal
establishment, and licensed veterans establishment | ||
shall maintain liability insurance on
any gaming device that it | ||
places in a licensed video gaming location on its premises in
| ||
an amount set by the Board.
| ||
(Source: P.A. 96-34, eff. 7-13-09.) | ||
(230 ILCS 40/78)
| ||
Sec. 78. Authority of the Illinois Gaming Board. | ||
(a) The Board shall have jurisdiction over and shall | ||
supervise all gaming operations governed by this Act. The Board | ||
shall have all powers necessary and proper to fully and | ||
effectively execute the provisions of this Act, including, but | ||
not limited to, the following: | ||
(1) To investigate applicants and determine the | ||
eligibility of applicants for licenses and to select among | ||
competing applicants the applicants which best serve the | ||
interests of the citizens of Illinois. | ||
(2) To have jurisdiction and supervision over all video | ||
gaming operations in this State and all persons in | ||
establishments where video gaming operations are | ||
conducted. | ||
(3) To adopt rules for the purpose of administering the | ||
provisions of this Act and to prescribe rules, regulations, | ||
and conditions under which all video gaming in the State | ||
shall be conducted. Such rules and regulations are to | ||
provide for the prevention of practices detrimental to the | ||
public interest and for the best interests of video gaming, | ||
including rules and regulations regarding the inspection | ||
of such establishments and the review of any permits or | ||
licenses necessary to operate an establishment under any | ||
laws or regulations applicable to establishments and to | ||
impose penalties for violations of this Act and its rules.
| ||
(b) The Within 60 days after the effective date of this | ||
amendatory Act of the 96th General Assembly, the Board shall | ||
adopt emergency rules to administer this Act in accordance with | ||
Section 5-45 of the Illinois Administrative Procedure Act. For | ||
the purposes of the Illinois Administrative Procedure Act, the | ||
General Assembly finds that the adoption of rules to implement | ||
this Act is deemed an emergency and necessary to the public | ||
interest, safety, and welfare.
| ||
(Source: P.A. 96-38, eff. 7-13-09.) | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||