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| Public Act 096-1479 | ||||
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Video Gaming
Act is amended by changing | ||||
Sections 5 and 25 as follows: | ||||
(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 5, 10, or 25 cents either won or purchased | ||||
by a player.
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"Distributor" means an individual, partnership, or | ||||
corporation 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 or | ||||
corporation that is
licensed under this Act and that owns, | ||||
services, and maintains video
gaming terminals for placement in | ||||
licensed establishments, licensed fraternal
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, or | ||
corporation defined as a manufacturer, distributor, supplier, | ||
technician, or terminal operator under this Act. | ||
"Manufacturer" means an individual, partnership, or | ||
corporation that is
licensed under this Act and that | ||
manufactures or assembles video gaming
terminals.
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"Supplier" means an individual, partnership, or | ||
corporation that is
licensed under this Act to supply major | ||
components or parts to video gaming
terminals to licensed
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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 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 | ||
intertrack wagering licensee, or an inter-track intertrack | ||
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.
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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 that | ||
is at least a
3-acre facility with a convenience store and with | ||
separate diesel
islands for fueling commercial motor vehicles | ||
and parking spaces for commercial
motor vehicles as defined in | ||
Section 18b-101 of the Illinois Vehicle Code.
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(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
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(230 ILCS 40/25)
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Sec. 25. Restriction of licensees.
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(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.
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(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
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Illinois to persons having a valid distributor's or terminal | ||
operator's
license.
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(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
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from a video gaming terminal, 50% shall be paid to the terminal
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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.
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(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
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under this Act, (2) is a terminal operator, or (3) is employed | ||
by a terminal
operator, distributor, or manufacturer.
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(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
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fraternal establishment has entered into a
written use | ||
agreement with the terminal operator for placement of the
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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.
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(f) (Blank).
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(g) Financial interest restrictions.
As used in this Act, | ||
"substantial interest" in a partnership, a corporation, an
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organization, an association, or a business means:
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(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
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(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
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(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
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(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
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owner of or otherwise controls 10% or more of the | ||
assets of the organization;
or
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(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.
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(h) Location restriction. A licensed establishment, | ||
licensed truck stop establishment, licensed
fraternal
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establishment, or licensed veterans establishment that is (i) | ||
located within 1,000
feet of a facility operated by an | ||
organizational licensee or , an inter-track intertrack wagering | ||
licensee, an 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.
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(i) The provisions of the Illinois Antitrust Act are fully | ||
and equally applicable to the activities of any licensee under | ||
this Act.
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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; revised 8-17-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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