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| Public Act 098-1071 | ||||
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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 Charitable Games Act is amended by changing | ||||
Sections 4, 5.1, and 8 as follows:
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(230 ILCS 30/4) (from Ch. 120, par. 1124)
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Sec. 4. Licensing Restrictions. Licensing for the | ||||
conducting of
charitable games is subject to the following | ||||
restrictions:
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(1) The license application, when submitted to the | ||||
Department of Revenue,
must contain a sworn statement | ||||
attesting to the not-for-profit character
of the | ||||
prospective licensee organization, signed by a person | ||||
listed on the application as an owner, officer, or other | ||||
person in charge of the necessary day-to-day operations. | ||||
The application shall contain the
name of the person in | ||||
charge of and primarily responsible for the
conduct of the | ||||
charitable games. The person so designated shall be
present | ||||
on the premises continuously during charitable games.
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(2) The license application shall be prepared by the | ||||
prospective
licensee organization or its duly authorized | ||||
representative in accordance
with the
rules of the | ||||
Department of Revenue.
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(2.1) The organization shall maintain among its books | ||
and records a list of the names,
addresses, social security | ||
numbers, and dates of birth of all persons who will
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participate in the management or operation of the games, | ||
along with a sworn
statement made under penalties of | ||
perjury, signed by a person listed on the application as an | ||
owner, officer, or other person in charge of the necessary | ||
day-to-day operations, that the persons listed as | ||
participating in the
management or operation of the games | ||
are bona fide members, volunteers as
defined in Section 2, | ||
or employees of the applicant, that these persons have
not
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participated in the management or operation of more than 12 | ||
charitable games
events conducted by any licensee in the | ||
calendar year, and that these persons
will receive no | ||
remuneration or compensation, directly or indirectly from | ||
any
source, for participating in the management or | ||
operation of the games. Any
amendments to this listing must | ||
contain an identical sworn statement.
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(2.2) (Blank).
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(3) Each license shall state the date, hours and
at | ||
what
locations the licensee is permitted to conduct | ||
charitable games.
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(4) Each licensee shall file a copy of the license with | ||
each
police
department or, if in unincorporated areas, each | ||
sheriff's office whose
jurisdiction includes the premises | ||
on which the charitable games are
authorized under the | ||
license.
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(5) The licensee shall prominently display the license | ||
in the
area where the licensee is to conduct charitable | ||
games. The licensee shall likewise display, in the form and | ||
manner prescribed by the Department, the provisions of | ||
Section 9 of this Act.
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(6) (Blank).
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(7) (Blank).
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(8) A license is not assignable or transferable.
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(9) Unless the premises for conducting charitable | ||
games are provided by
a
municipality, the Department shall | ||
not issue a license
permitting a
person, firm
or | ||
corporation to sponsor a charitable games night if the | ||
premises for the
conduct of the charitable games has been | ||
previously used for 12
charitable
games nights during the | ||
previous 12 months.
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(10) Auxiliary organizations of a licensee shall not be
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eligible for a
license to conduct charitable games, except | ||
for auxiliary organizations
of veterans organizations as | ||
authorized in Section 2.
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(11) Charitable games must be conducted in accordance | ||
with
local
building and fire code requirements.
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(12) The licensee shall consent to allowing the | ||
Department's
employees
to be present on the premises | ||
wherein the charitable games are conducted
and to inspect | ||
or test equipment, devices and supplies used in the conduct
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of the game.
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Nothing in this Section shall be construed to prohibit a | ||
licensee that
conducts charitable games on its own premises | ||
from also obtaining a
providers' license in accordance with | ||
Section 5.1.
The maximum number of charitable games events that | ||
may be held in any one
premises is limited to no more than 12 | ||
charitable games events per calendar year one charitable games | ||
event per month.
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(Source: P.A. 98-377, eff. 1-1-14.)
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(230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
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Sec. 5.1. If a licensee conducts charitable games on its | ||
own premises,
the licensee may also obtain a providers' license | ||
in accordance with
Section 5 to allow the licensee to rent or | ||
otherwise provide its
premises to another licensee for the | ||
conducting of an additional 4
charitable games events. The | ||
maximum number of charitable games events that
may be held at | ||
any one premises is limited to 12 8 charitable games events per
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calendar year.
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(Source: P.A. 94-986, eff. 6-30-06.)
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(230 ILCS 30/8) (from Ch. 120, par. 1128)
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Sec. 8. The conducting of charitable games is subject to | ||
the following
restrictions:
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(1) The entire net proceeds from charitable games must | ||
be exclusively
devoted to the lawful purposes of the | ||
organization permitted to conduct
that game.
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(2) No person except a bona fide member or employee of | ||
the
sponsoring organization, or a volunteer recruited by | ||
the sponsoring
organization, may participate in the | ||
management or operation of the
game.
A person participates | ||
in the management or operation of a charitable game
when he | ||
or she sells admission tickets at the event; sells, | ||
redeems, or in any
way assists in the selling or redeeming | ||
of chips, scrip, or play money;
participates in the
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conducting of any of the games played during the event, or | ||
supervises, directs
or instructs anyone conducting a game; | ||
or at any time during the hours of the
charitable games | ||
event counts, handles, or supervises anyone counting or
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handling any of the proceeds or chips, scrip, or play money | ||
at the event. A
person who is present to
ensure that the | ||
games are being conducted in conformance with the rules
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established by the licensed organization or is present to | ||
insure that the
equipment is working
properly is considered | ||
to be participating in the management or operation of a
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game. Setting up, cleaning up, selling food and drink, or | ||
providing security
for persons or property at the event | ||
does not constitute participation in the
management or | ||
operation of the game.
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Only bona fide members, volunteers as defined in | ||
Section 2 of this Act, and
employees of the sponsoring | ||
organization may participate in the management or
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operation of the games. Participation in the management or
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operation
of the games is limited to no more than 12 | ||
charitable games events, either of the sponsoring | ||
organization or any other licensed organization, during a | ||
calendar year.
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(3) No person may receive any remuneration or | ||
compensation either
directly or
indirectly from any source | ||
for
participating in the management or operation of the | ||
game.
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(4) No single bet at any house-banked game may exceed | ||
$20.
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(5) A bank shall be established on the premises to | ||
convert currency into
chips, scrip, or other form of play | ||
money which shall then be used to play
at
games of chance | ||
which the participant chooses. Chips, scrip, or play money
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must be permanently monogrammed with the supplier license | ||
number or logo or charitable games license number of a | ||
licensed organization or of the
supplier. Each participant | ||
must be issued a receipt indicating the amount
of chips, | ||
scrip, or play money purchased.
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(6) At the conclusion of the event or when the | ||
participant leaves, he or she
may cash in his or her chips, | ||
scrip, or play money in exchange for currency not to
exceed | ||
$500 in cash winnings or unlimited noncash prizes. Each | ||
participant shall sign for any receipt
of prizes. The | ||
licensee shall provide the Department of Revenue with a
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listing of all prizes awarded, including the retail value | ||
of all prizes awarded.
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(7) Each licensee shall be permitted to conduct | ||
charitable games on
not more than 4 days each year. Nothing | ||
in this Section shall be construed to prohibit a licensee | ||
that conducts charitable games on its own premises from | ||
also obtaining a providers' license in accordance with | ||
Section 7 of this Act.
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(8) Unless the provider of the premises is a | ||
municipality, the
provider of the premises may not rent or | ||
otherwise provide the
premises for the conducting of more | ||
than 12 charitable games nights per calendar year one | ||
charitable games night per month.
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(9) A charitable games event is considered to be a | ||
one-day event and charitable games may not be played | ||
between the hours of 2:00 a.m.
and noon.
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(10) No person under the age of 18 years may play or | ||
participate in the
conducting of charitable games. Any | ||
person under the age of 18 years
may be within the area | ||
where charitable games are being played only
when | ||
accompanied by his parent or guardian.
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(11) No one other than the sponsoring organization
of | ||
charitable games must have a proprietary
interest in the | ||
game promoted.
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(12) Raffles or other forms of gambling prohibited by | ||
law shall not be
conducted on the premises where charitable | ||
games are being conducted.
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(13) Such games are not expressly prohibited by county
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ordinance for
charitable games conducted in the | ||
unincorporated areas of the county or
municipal ordinance | ||
for charitable games conducted in the municipality and
the | ||
ordinance is filed with the Department of Revenue. The | ||
Department
shall provide each county or municipality with a | ||
list of organizations
licensed or subsequently authorized | ||
by the Department to conduct
charitable games in their | ||
jurisdiction.
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(14) The sale of tangible personal property at | ||
charitable games is
subject to all State and local taxes | ||
and obligations.
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(15) Each licensee may offer or conduct only the games
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listed
below,
which must be conducted in accordance with
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rules posted by the organization. The organization | ||
sponsoring charitable
games shall promulgate rules, and | ||
make printed copies available to
participants, for the | ||
following games: (a) roulette; (b) blackjack; (c)
poker; | ||
(d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||
(h) big
six; (i) gin rummy; (j) five card stud poker; (k) | ||
chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | ||
merchandise wheel. A licensee need not offer or
conduct | ||
every game permitted by law.
The conducting of games not | ||
listed above is prohibited by this Act.
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(16) No slot machines or coin-in-the-slot-operated | ||
devices
that allow a participant to play games of chance | ||
shall be permitted to be used at the location and during | ||
the time at which the charitable games are being conducted. | ||
However, establishments that have video gaming terminals | ||
licensed under the Video Gaming Act may operate them along | ||
with charitable games under rules adopted by the | ||
Department.
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(17) No cards, dice, wheels, or other equipment may be | ||
modified or
altered
so as to give the licensee a greater | ||
advantage in winning, other than as
provided under the | ||
normal rules of play of a particular game.
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(18) No credit shall be extended to any of the | ||
participants.
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(19) (Blank).
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(20) A supplier may have only one representative | ||
present at the charitable
games event, for the exclusive | ||
purpose of ensuring that its equipment is not
damaged.
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(21) No employee, owner, or officer of a consultant | ||
service hired by a
licensed organization to perform | ||
services at the event including, but not
limited to, | ||
security for
persons or property at the event or services | ||
before the event including, but
not limited to, training | ||
for volunteers
or advertising may participate in the | ||
management or operation of the games.
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(22) (Blank).
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(Source: P.A. 98-377, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||