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Public Act 098-0587
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| SB2371 Enrolled | LRB098 10401 AMC 41033 b |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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(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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