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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Video Gaming
Act is amended by changing | ||||||||||||||||||||||||||||||||||||||
5 | Sections 5, 20, 25, 35, 45, 55, 58, and 60 as follows:
| ||||||||||||||||||||||||||||||||||||||
6 | (230 ILCS 40/5)
| ||||||||||||||||||||||||||||||||||||||
7 | Sec. 5. Definitions. As used in this Act:
| ||||||||||||||||||||||||||||||||||||||
8 | "Board" means the Illinois Gaming Board.
| ||||||||||||||||||||||||||||||||||||||
9 | "Credit" means one, 5, 10, or 25 cents either won or | ||||||||||||||||||||||||||||||||||||||
10 | purchased by a player.
| ||||||||||||||||||||||||||||||||||||||
11 | "Distributor" means an individual, partnership, | ||||||||||||||||||||||||||||||||||||||
12 | corporation, or limited liability company licensed under
this | ||||||||||||||||||||||||||||||||||||||
13 | Act to buy, sell, lease, or distribute video gaming terminals | ||||||||||||||||||||||||||||||||||||||
14 | or major
components or parts of video gaming terminals to or | ||||||||||||||||||||||||||||||||||||||
15 | from terminal
operators.
| ||||||||||||||||||||||||||||||||||||||
16 | "Electronic card" means a card purchased from a licensed | ||||||||||||||||||||||||||||||||||||||
17 | establishment, licensed fraternal establishment, licensed | ||||||||||||||||||||||||||||||||||||||
18 | veterans establishment, or licensed truck stop establishment , | ||||||||||||||||||||||||||||||||||||||
19 | or licensed motorsports park for use in that establishment as a | ||||||||||||||||||||||||||||||||||||||
20 | substitute for cash in the conduct of gaming on a video gaming | ||||||||||||||||||||||||||||||||||||||
21 | terminal. | ||||||||||||||||||||||||||||||||||||||
22 | "Electronic voucher" means a voucher printed by an | ||||||||||||||||||||||||||||||||||||||
23 | electronic video game machine that is redeemable in the |
| |||||||
| |||||||
1 | licensed establishment for which it was issued. | ||||||
2 | "Terminal operator" means an individual, partnership, | ||||||
3 | corporation, or limited liability company that is
licensed | ||||||
4 | under this Act and that owns, services, and maintains video
| ||||||
5 | gaming terminals for placement in licensed establishments, | ||||||
6 | licensed truck stop establishments, licensed fraternal
| ||||||
7 | establishments, or licensed veterans establishments.
| ||||||
8 | "Licensed technician" means an individual
who
is licensed | ||||||
9 | under this Act to repair,
service, and maintain
video gaming | ||||||
10 | terminals.
| ||||||
11 | "Licensed terminal handler" means a person, including but | ||||||
12 | not limited to an employee or independent contractor working | ||||||
13 | for a manufacturer, distributor, supplier, technician, or | ||||||
14 | terminal operator, who is licensed under this Act to possess or | ||||||
15 | control a video gaming terminal or to have access to the inner | ||||||
16 | workings of a video gaming terminal. A licensed terminal | ||||||
17 | handler does not include an individual, partnership, | ||||||
18 | corporation, or limited liability company defined as a | ||||||
19 | manufacturer, distributor, supplier, technician, or terminal | ||||||
20 | operator under this Act. | ||||||
21 | "Manufacturer" means an individual, partnership, | ||||||
22 | corporation, or limited liability company that is
licensed | ||||||
23 | under this Act and that manufactures or assembles video gaming
| ||||||
24 | terminals.
| ||||||
25 | "Supplier" means an individual, partnership, corporation, | ||||||
26 | or limited liability company that is
licensed under this Act to |
| |||||||
| |||||||
1 | supply major components or parts to video gaming
terminals to | ||||||
2 | licensed
terminal operators.
| ||||||
3 | "Net terminal income" means money put into a video gaming | ||||||
4 | terminal minus
credits paid out to players.
| ||||||
5 | "Video gaming terminal" means any electronic video game | ||||||
6 | machine
that, upon insertion of cash, electronic cards or | ||||||
7 | vouchers, or any combination thereof, is available to play or | ||||||
8 | simulate the play of
a video game, including but not limited to | ||||||
9 | video poker, line up, and blackjack, as
authorized by the Board | ||||||
10 | utilizing a video display and microprocessors in
which the | ||||||
11 | player may receive free games or credits that can be
redeemed | ||||||
12 | for cash. The term does not include a machine that directly
| ||||||
13 | dispenses coins, cash, or tokens or is for amusement purposes | ||||||
14 | only.
| ||||||
15 | "Licensed establishment" means any licensed retail | ||||||
16 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
17 | or otherwise served for consumption
on the premises, whether | ||||||
18 | the establishment operates on a nonprofit or for-profit basis. | ||||||
19 | "Licensed establishment" includes any such establishment that | ||||||
20 | has a contractual relationship with an inter-track wagering | ||||||
21 | location licensee licensed under the Illinois Horse Racing Act | ||||||
22 | of 1975, provided any contractual relationship shall not | ||||||
23 | include any transfer or offer of revenue from the operation of | ||||||
24 | video gaming under this Act to any licensee licensed under the | ||||||
25 | Illinois Horse Racing Act of 1975. Provided, however, that the | ||||||
26 | licensed establishment that has such a contractual |
| |||||||
| |||||||
1 | relationship with an inter-track wagering location licensee | ||||||
2 | may not, itself, be (i) an inter-track wagering location | ||||||
3 | licensee, (ii) the corporate parent or subsidiary of any | ||||||
4 | licensee licensed under the Illinois Horse Racing Act of 1975, | ||||||
5 | or (iii) the corporate subsidiary of a corporation that is also | ||||||
6 | the corporate parent or subsidiary of any licensee licensed | ||||||
7 | under the Illinois Horse Racing Act of 1975. "Licensed | ||||||
8 | establishment" does not include a facility operated by an | ||||||
9 | organization licensee, an inter-track wagering licensee, or an | ||||||
10 | inter-track wagering location licensee licensed under the | ||||||
11 | Illinois Horse Racing Act of 1975 or a riverboat licensed under | ||||||
12 | the Riverboat Gambling Act, except as provided in this | ||||||
13 | paragraph. The changes made to this definition by Public Act | ||||||
14 | 98-587 are declarative of existing law.
| ||||||
15 | "Licensed fraternal establishment" means the location | ||||||
16 | where a qualified
fraternal organization that derives its | ||||||
17 | charter from a national fraternal
organization regularly | ||||||
18 | meets.
| ||||||
19 | "Licensed veterans establishment" means the location where | ||||||
20 | a qualified
veterans organization that derives its charter from | ||||||
21 | a national veterans
organization regularly meets.
| ||||||
22 | "Licensed truck stop establishment" means a facility (i) | ||||||
23 | that is at least a
3-acre facility with a convenience store, | ||||||
24 | (ii) with separate diesel
islands for fueling commercial motor | ||||||
25 | vehicles, (iii) that sells at retail more than 10,000 gallons | ||||||
26 | of diesel or biodiesel fuel per month, and (iv) with parking |
| |||||||
| |||||||
1 | spaces for commercial
motor vehicles. "Commercial motor | ||||||
2 | vehicles" has the same meaning as defined in Section 18b-101 of | ||||||
3 | the Illinois Vehicle Code. The requirement of item (iii) of | ||||||
4 | this paragraph may be met by showing that estimated future | ||||||
5 | sales or past sales average at least 10,000 gallons per month.
| ||||||
6 | "Licensed motorsports park" means a facility located in a | ||||||
7 | county with a population of 500,000 or less that is within 5 | ||||||
8 | miles of 3 interstate highways and that has seating capacity | ||||||
9 | for motorsports of 50,000 people or more. | ||||||
10 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; | ||||||
11 | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. | ||||||
12 | 7-16-14.)
| ||||||
13 | (230 ILCS 40/20)
| ||||||
14 | Sec. 20. Direct dispensing of receipt tickets only. A video | ||||||
15 | gaming
terminal may not
directly dispense coins, cash, tokens, | ||||||
16 | or any other article of exchange or
value except for receipt | ||||||
17 | tickets. Tickets shall be dispensed by
pressing the ticket | ||||||
18 | dispensing button on the video gaming terminal at the end
of | ||||||
19 | one's turn or play. The ticket shall indicate the total amount | ||||||
20 | of credits
and the cash award, the time of day in a 24-hour | ||||||
21 | format showing hours and
minutes, the date, the
terminal serial | ||||||
22 | number, the sequential number of the ticket, and an encrypted
| ||||||
23 | validation number from which the validity of the prize may be | ||||||
24 | determined.
The player shall turn in this ticket to the | ||||||
25 | appropriate
person at the licensed establishment, licensed |
| |||||||
| |||||||
1 | truck stop establishment, licensed fraternal establishment,
or
| ||||||
2 | licensed veterans establishment , or licensed motorsports park
| ||||||
3 | to receive the cash award. The cost
of the credit shall be one | ||||||
4 | cent, 5 cents, 10 cents, or 25 cents, and the maximum
wager | ||||||
5 | played per hand shall not exceed $2.
No cash award for the | ||||||
6 | maximum wager on any
individual hand shall exceed $500.
| ||||||
7 | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10.)
| ||||||
8 | (230 ILCS 40/25)
| ||||||
9 | Sec. 25. Restriction of licensees.
| ||||||
10 | (a) Manufacturer. A person may not be licensed as a | ||||||
11 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
12 | person has a valid
manufacturer's license issued
under this | ||||||
13 | Act. A manufacturer may only sell video gaming terminals for | ||||||
14 | use
in Illinois to
persons having a valid distributor's | ||||||
15 | license.
| ||||||
16 | (b) Distributor. A person may not sell, distribute, or | ||||||
17 | lease
or market a video gaming terminal in Illinois unless the | ||||||
18 | person has a valid
distributor's
license issued under this Act. | ||||||
19 | A distributor may only sell video gaming
terminals for use in
| ||||||
20 | Illinois to persons having a valid distributor's or terminal | ||||||
21 | operator's
license.
| ||||||
22 | (c) Terminal operator. A person may not own, maintain, or | ||||||
23 | place a video gaming terminal unless he has a valid terminal | ||||||
24 | operator's
license issued
under this Act. A terminal operator | ||||||
25 | may only place video gaming terminals for
use in
Illinois in |
| |||||||
| |||||||
1 | licensed establishments, licensed truck stop establishments, | ||||||
2 | licensed fraternal establishments,
and
licensed veterans | ||||||
3 | establishments.
No terminal operator may give anything of | ||||||
4 | value, including but not limited to
a loan or financing | ||||||
5 | arrangement, to a licensed establishment, licensed truck stop | ||||||
6 | establishment,
licensed fraternal establishment, or licensed | ||||||
7 | veterans establishment as
any incentive or inducement to locate | ||||||
8 | video terminals in that establishment.
Of the after-tax profits
| ||||||
9 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
10 | operator and 50% shall be paid to the licensed establishment, | ||||||
11 | licensed truck stop establishment,
licensed fraternal | ||||||
12 | establishment, or
licensed veterans establishment, | ||||||
13 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
14 | operator that violates one or more requirements of this | ||||||
15 | subsection is guilty of a Class 4 felony and is subject to | ||||||
16 | termination of his or her license by the Board.
| ||||||
17 | (d) Licensed technician. A person may not service, | ||||||
18 | maintain, or repair a
video gaming terminal
in this State | ||||||
19 | unless he or she (1) has a valid technician's license issued
| ||||||
20 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
21 | by a terminal
operator, distributor, or manufacturer.
| ||||||
22 | (d-5) Licensed terminal handler. No person, including, but | ||||||
23 | not limited to, an employee or independent contractor working | ||||||
24 | for a manufacturer, distributor, supplier, technician, or | ||||||
25 | terminal operator licensed pursuant to this Act, shall have | ||||||
26 | possession or control of a video gaming terminal, or access to |
| |||||||
| |||||||
1 | the inner workings of a video gaming terminal, unless that | ||||||
2 | person possesses a valid terminal handler's license issued | ||||||
3 | under this Act. | ||||||
4 | (e) Licensed establishment. No video gaming terminal may be | ||||||
5 | placed in any licensed establishment, licensed veterans | ||||||
6 | establishment, licensed truck stop establishment,
or licensed | ||||||
7 | fraternal establishment
unless the owner
or agent of the owner | ||||||
8 | of the licensed establishment, licensed veterans | ||||||
9 | establishment, licensed truck stop establishment, or licensed
| ||||||
10 | fraternal establishment has entered into a
written use | ||||||
11 | agreement with the terminal operator for placement of the
| ||||||
12 | terminals. A copy of the use agreement shall be on file in the | ||||||
13 | terminal
operator's place of business and available for | ||||||
14 | inspection by individuals
authorized by the Board. A licensed | ||||||
15 | establishment, licensed truck stop establishment, licensed | ||||||
16 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
17 | may operate up to 5 video gaming terminals on its premises at | ||||||
18 | any
time.
| ||||||
19 | (e-5) Licensed motorsports park. No video gaming terminal | ||||||
20 | may be placed in a licensed motorsports park unless the owner | ||||||
21 | or agent of the owner of the licensed motorsports park has | ||||||
22 | entered into a written use agreement with the terminal operator | ||||||
23 | for placement of the terminals. A copy of the use agreement | ||||||
24 | shall be on file in the terminal operator's place of business | ||||||
25 | and available for inspection by individuals authorized by the | ||||||
26 | Board. A licensed motorsports park may operate up to 200 video |
| |||||||
| |||||||
1 | gaming terminals on its premises at any time. | ||||||
2 | (f) (Blank).
| ||||||
3 | (g) Financial interest restrictions.
As used in this Act, | ||||||
4 | "substantial interest" in a partnership, a corporation, an
| ||||||
5 | organization, an association, a business, or a limited | ||||||
6 | liability company means:
| ||||||
7 | (A) When, with respect to a sole proprietorship, an | ||||||
8 | individual or
his or her spouse owns, operates, manages, or | ||||||
9 | conducts, directly
or indirectly, the organization, | ||||||
10 | association, or business, or any part thereof;
or
| ||||||
11 | (B) When, with respect to a partnership, the individual | ||||||
12 | or his or
her spouse shares in any of the profits, or | ||||||
13 | potential profits,
of the partnership activities; or
| ||||||
14 | (C) When, with respect to a corporation, an individual | ||||||
15 | or his or her
spouse is an officer or director, or the | ||||||
16 | individual or his or her spouse is a holder, directly or | ||||||
17 | beneficially, of 5% or more of any class
of stock of the | ||||||
18 | corporation; or
| ||||||
19 | (D) When, with respect to an organization not covered | ||||||
20 | in (A), (B) or
(C) above, an individual or his or her | ||||||
21 | spouse is an officer or manages the
business affairs, or | ||||||
22 | the individual or his or her spouse is the
owner of or | ||||||
23 | otherwise controls 10% or more of the assets of the | ||||||
24 | organization;
or
| ||||||
25 | (E) When an individual or his or her spouse furnishes
| ||||||
26 | 5% or more of the capital, whether in cash, goods, or |
| |||||||
| |||||||
1 | services, for the
operation of any business, association, | ||||||
2 | or organization during any calendar
year; or | ||||||
3 | (F) When, with respect to a limited liability company, | ||||||
4 | an individual or his or her
spouse is a member, or the | ||||||
5 | individual or his or her spouse is a holder, directly or | ||||||
6 | beneficially, of 5% or more of the membership interest of | ||||||
7 | the limited liability company.
| ||||||
8 | For purposes of this subsection (g), "individual" includes | ||||||
9 | all individuals or their spouses whose combined interest would | ||||||
10 | qualify as a substantial interest under this subsection (g) and | ||||||
11 | whose activities with respect to an organization, association, | ||||||
12 | or business are so closely aligned or coordinated as to | ||||||
13 | constitute the activities of a single entity. | ||||||
14 | (h) Location restriction. A licensed establishment, | ||||||
15 | licensed truck stop establishment, licensed
fraternal
| ||||||
16 | establishment, or licensed veterans establishment , or licensed | ||||||
17 | motorsports park that is (i) located within 1,000
feet of a | ||||||
18 | facility operated by an organization licensee licensed under | ||||||
19 | the Illinois Horse Racing Act of 1975 or the home dock of a | ||||||
20 | riverboat licensed under the Riverboat
Gambling Act or (ii) | ||||||
21 | located within 100 feet of a school or a place of worship under | ||||||
22 | the Religious Corporation Act, is ineligible to operate a video | ||||||
23 | gaming terminal. The location restrictions in this subsection | ||||||
24 | (h) do not apply if (A) a facility operated by an organization | ||||||
25 | licensee, a school, or a place of worship moves to or is | ||||||
26 | established within the restricted area after a licensed |
| |||||||
| |||||||
1 | establishment, licensed truck stop establishment, licensed | ||||||
2 | fraternal establishment, or licensed veterans establishment , | ||||||
3 | or licensed motorsports park becomes licensed under this Act or | ||||||
4 | (B) a school or place of worship moves to or is established | ||||||
5 | within the restricted area after a licensed establishment, | ||||||
6 | licensed truck stop establishment, licensed fraternal | ||||||
7 | establishment, or licensed veterans establishment , or licensed | ||||||
8 | motorsports park obtains its original liquor license. For the | ||||||
9 | purpose of this subsection, "school" means an elementary or | ||||||
10 | secondary public school, or an elementary or secondary private | ||||||
11 | school registered with or recognized by the State Board of | ||||||
12 | Education. | ||||||
13 | Notwithstanding the provisions of this subsection (h), the | ||||||
14 | Board may waive the requirement that a licensed establishment, | ||||||
15 | licensed truck stop establishment, licensed fraternal | ||||||
16 | establishment, or licensed veterans establishment , or licensed | ||||||
17 | motorsports park not be located within 1,000 feet from a | ||||||
18 | facility operated by an organization licensee licensed under | ||||||
19 | the Illinois Horse Racing Act of 1975 or the home dock of a | ||||||
20 | riverboat licensed under the Riverboat Gambling Act. The Board | ||||||
21 | shall not grant such waiver if there is any common ownership or | ||||||
22 | control, shared business activity, or contractual arrangement | ||||||
23 | of any type between the establishment and the organization | ||||||
24 | licensee or owners licensee of a riverboat. The Board shall | ||||||
25 | adopt rules to implement the provisions of this paragraph. | ||||||
26 | (i) Undue economic concentration. In addition to |
| |||||||
| |||||||
1 | considering all other requirements under this Act, in deciding | ||||||
2 | whether to approve the operation of video gaming terminals by a | ||||||
3 | terminal operator in a location, the Board shall consider the | ||||||
4 | impact of any economic concentration of such operation of video | ||||||
5 | gaming terminals. The Board shall not allow a terminal operator | ||||||
6 | to operate video gaming terminals if the Board determines such | ||||||
7 | operation will result in undue economic concentration. For | ||||||
8 | purposes of this Section, "undue economic concentration" means | ||||||
9 | that a terminal operator would have such actual or potential | ||||||
10 | influence over video gaming terminals in Illinois as to: | ||||||
11 | (1) substantially impede or suppress competition among | ||||||
12 | terminal operators; | ||||||
13 | (2) adversely impact the economic stability of the | ||||||
14 | video gaming industry in Illinois; or | ||||||
15 | (3) negatively impact the purposes of the Video Gaming | ||||||
16 | Act. | ||||||
17 | The Board shall adopt rules concerning undue economic | ||||||
18 | concentration with respect to the operation of video gaming | ||||||
19 | terminals in Illinois. The rules shall include, but not be | ||||||
20 | limited to, (i) limitations on the number of video gaming | ||||||
21 | terminals operated by any terminal operator within a defined | ||||||
22 | geographic radius and (ii) guidelines on the discontinuation of | ||||||
23 | operation of any such video gaming terminals the Board | ||||||
24 | determines will cause undue economic concentration.
| ||||||
25 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
26 | and equally applicable to the activities of any licensee under |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | ||||||
3 | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
| ||||||
4 | (230 ILCS 40/35)
| ||||||
5 | Sec. 35. Display of license; confiscation; violation as | ||||||
6 | felony. | ||||||
7 | (a) Each
video gaming terminal shall be licensed by the | ||||||
8 | Board before placement
or operation on the premises of a | ||||||
9 | licensed establishment, licensed truck stop
establishment, | ||||||
10 | licensed
fraternal establishment, or licensed veterans | ||||||
11 | establishment , or licensed motorsports park . The license of
| ||||||
12 | each video gaming terminal shall be maintained
at the location | ||||||
13 | where the video gaming terminal is operated. Failure to do so
| ||||||
14 | is a petty offense with a fine
not to exceed $100.
Any licensed | ||||||
15 | establishment, licensed truck stop establishment, licensed
| ||||||
16 | fraternal establishment, or licensed
veterans establishment , | ||||||
17 | or licensed motorsports park
used for the conduct of gambling | ||||||
18 | games in violation of this Act shall be
considered a gambling | ||||||
19 | place in violation of Section 28-3 of the Criminal
Code of | ||||||
20 | 2012. Every gambling device found in
a licensed establishment, | ||||||
21 | licensed truck stop establishment, licensed fraternal
| ||||||
22 | establishment, or licensed
veterans establishment , or licensed | ||||||
23 | motorsports park operating gambling games in violation of this
| ||||||
24 | Act shall be subject to seizure, confiscation, and destruction | ||||||
25 | as provided
in Section 28-5 of the Criminal Code of 2012.
Any |
| |||||||
| |||||||
1 | license issued under the Liquor Control Act
of 1934 to any | ||||||
2 | owner or operator of a licensed establishment, licensed truck
| ||||||
3 | stop establishment, licensed
fraternal establishment, or | ||||||
4 | licensed veterans establishment , or licensed motorsports park | ||||||
5 | that operates or
permits the operation of a video gaming | ||||||
6 | terminal within its establishment in
violation of this Act | ||||||
7 | shall be immediately revoked.
No person may own, operate, have | ||||||
8 | in his or her possession or custody or under
his or her | ||||||
9 | control, or permit to be kept in any place under his or her
| ||||||
10 | possession or control, any
device that awards credits and | ||||||
11 | contains a circuit, meter, or switch capable of
removing and | ||||||
12 | recording the removal of credits when the award of credits is
| ||||||
13 | dependent upon chance. | ||||||
14 | Nothing in this Section shall be deemed to prohibit the use | ||||||
15 | of a game device only if the game device is used in an activity | ||||||
16 | that is not gambling under subsection (b) of Section 28-1 of | ||||||
17 | the Criminal Code of 2012. | ||||||
18 | A violation of this Section is a Class 4 felony. All
| ||||||
19 | devices that are owned, operated, or possessed in violation of | ||||||
20 | this Section are
hereby declared to be public nuisances and | ||||||
21 | shall be subject to seizure,
confiscation, and destruction as | ||||||
22 | provided in Section 28-5 of the Criminal Code
of 2012.
| ||||||
23 | The provisions of this Section do not apply to devices or | ||||||
24 | electronic video
game terminals licensed pursuant to this Act. | ||||||
25 | A video gaming terminal operated for amusement only and bearing | ||||||
26 | a valid amusement tax sticker shall not be subject to this |
| |||||||
| |||||||
1 | Section until 30 days after the Board establishes that the | ||||||
2 | central communications system is functional.
| ||||||
3 | (b) (1) The odds of winning each video game shall be posted | ||||||
4 | on or near each video gaming terminal. The manner in which the | ||||||
5 | odds are calculated and how they are posted shall be determined | ||||||
6 | by the Board by rule. | ||||||
7 | (2) No video gaming terminal licensed under this Act may be | ||||||
8 | played except during the legal hours of operation allowed for | ||||||
9 | the consumption of alcoholic beverages at the licensed | ||||||
10 | establishment, licensed fraternal establishment, or licensed | ||||||
11 | veterans establishment , or licensed motorsports park . A | ||||||
12 | licensed establishment, licensed fraternal establishment, or | ||||||
13 | licensed veterans establishment , or licensed motorsports park | ||||||
14 | that violates this subsection is subject to termination of its | ||||||
15 | license by the Board. | ||||||
16 | (Source: P.A. 97-1150, eff. 1-25-13; 98-111, eff. 1-1-14.)
| ||||||
17 | (230 ILCS 40/45)
| ||||||
18 | Sec. 45. Issuance of license.
| ||||||
19 | (a) The burden is upon each applicant to
demonstrate his | ||||||
20 | suitability for licensure. Each video gaming terminal
| ||||||
21 | manufacturer, distributor, supplier, operator, handler, | ||||||
22 | licensed establishment, licensed truck stop establishment, | ||||||
23 | licensed
fraternal
establishment, and licensed veterans | ||||||
24 | establishment , and licensed motorsports park shall be
licensed | ||||||
25 | by the Board.
The Board may issue or deny a license under this |
| |||||||
| |||||||
1 | Act to any person pursuant to the same criteria set forth in | ||||||
2 | Section 9 of the Riverboat Gambling Act.
| ||||||
3 | (a-5) The Board shall not grant a license to a person who | ||||||
4 | has facilitated, enabled, or participated in the use of | ||||||
5 | coin-operated devices for gambling purposes or who is under the | ||||||
6 | significant influence or control of such a person. For the | ||||||
7 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
8 | the use of coin-operated amusement devices for gambling | ||||||
9 | purposes" means that the person has been convicted of any | ||||||
10 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012. If there is pending legal action against | ||||||
12 | a person for any such violation, then the Board shall delay the | ||||||
13 | licensure of that person until the legal action is resolved. | ||||||
14 | (b) Each person seeking and possessing a license as a video | ||||||
15 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
16 | handler, licensed establishment, licensed truck stop | ||||||
17 | establishment, licensed fraternal establishment, or licensed | ||||||
18 | veterans establishment , or licensed motorsports park shall | ||||||
19 | submit to a background investigation conducted by the Board | ||||||
20 | with the assistance of the State Police or other law | ||||||
21 | enforcement. To the extent that the corporate structure of the | ||||||
22 | applicant allows, the background investigation shall include | ||||||
23 | any or all of the following as the Board deems appropriate or | ||||||
24 | as provided by rule for each category of licensure: (i) each | ||||||
25 | beneficiary of a trust, (ii) each partner of a partnership, | ||||||
26 | (iii) each member of a limited liability company, (iv) each |
| |||||||
| |||||||
1 | director and officer of a publicly or non-publicly held | ||||||
2 | corporation, (v) each stockholder of a non-publicly held | ||||||
3 | corporation, (vi) each stockholder of 5% or more of a publicly | ||||||
4 | held corporation, or (vii) each stockholder of 5% or more in a | ||||||
5 | parent or subsidiary corporation. | ||||||
6 | (c) Each person seeking and possessing a license as a video | ||||||
7 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
8 | handler, licensed establishment, licensed truck stop | ||||||
9 | establishment, licensed fraternal establishment, or licensed | ||||||
10 | veterans establishment , or licensed motorsports park shall | ||||||
11 | disclose the identity of every person, association, trust, | ||||||
12 | corporation, or limited liability company having a greater than | ||||||
13 | 1% direct or indirect pecuniary interest in the video gaming | ||||||
14 | terminal operation for which the license is sought. If the | ||||||
15 | disclosed entity is a trust, the application shall disclose the | ||||||
16 | names and addresses of the beneficiaries; if a corporation, the | ||||||
17 | names and addresses of all stockholders and directors; if a | ||||||
18 | limited liability company, the names and addresses of all | ||||||
19 | members; or if a partnership, the names and addresses of all | ||||||
20 | partners, both general and limited. | ||||||
21 | (d) No person may be licensed as a video gaming terminal | ||||||
22 | manufacturer, distributor, supplier, operator, handler, | ||||||
23 | licensed establishment, licensed truck stop establishment, | ||||||
24 | licensed fraternal establishment, or licensed veterans | ||||||
25 | establishment , or licensed motorsports park if that person has | ||||||
26 | been found by the Board to: |
| |||||||
| |||||||
1 | (1) have a background, including a criminal record, | ||||||
2 | reputation, habits, social or business associations, or | ||||||
3 | prior activities that pose a threat to the public interests | ||||||
4 | of the State or to the security and integrity of video | ||||||
5 | gaming; | ||||||
6 | (2) create or enhance the dangers of unsuitable, | ||||||
7 | unfair, or illegal practices, methods, and activities in | ||||||
8 | the conduct of video gaming; or | ||||||
9 | (3) present questionable business practices and | ||||||
10 | financial arrangements incidental to the conduct of video | ||||||
11 | gaming activities. | ||||||
12 | (e) Any applicant for any license under this Act has the | ||||||
13 | burden of proving his or her qualifications to the satisfaction | ||||||
14 | of the Board. The Board may adopt rules to establish additional | ||||||
15 | qualifications and requirements to preserve the integrity and | ||||||
16 | security of video gaming in this State. | ||||||
17 | (f) A non-refundable application fee shall be paid at the | ||||||
18 | time an
application for a license is filed with the Board in | ||||||
19 | the following amounts:
| ||||||
20 | (1) Manufacturer ..........................$5,000
| ||||||
21 | (2) Distributor ...........................$5,000
| ||||||
22 | (3) Terminal operator .....................$5,000
| ||||||
23 | (4) Supplier ..............................$2,500
| ||||||
24 | (5) Technician ..............................$100
| ||||||
25 | (6) Terminal Handler ..............................$50 | ||||||
26 | (g) The Board shall establish an
annual fee for each |
| |||||||
| |||||||
1 | license not to exceed the following: | ||||||
2 | (1) Manufacturer .........................$10,000
| ||||||
3 | (2) Distributor ..........................$10,000
| ||||||
4 | (3) Terminal operator .....................$5,000
| ||||||
5 | (4) Supplier ..............................$2,000
| ||||||
6 | (5) Technician ..............................$100
| ||||||
7 | (6) Licensed establishment, licensed truck stop
| ||||||
8 | establishment, licensed fraternal establishment,
| ||||||
9 | or licensed veterans establishment ..............$100
| ||||||
10 | (7) Video gaming terminal ...................$100
| ||||||
11 | (8) Terminal Handler .........................$50
| ||||||
12 | (9) Licensed motorsports park ..................$5,000
| ||||||
13 | (h) A terminal operator and a licensed establishment, | ||||||
14 | licensed truck stop establishment, licensed fraternal | ||||||
15 | establishment,
or licensed veterans establishment shall | ||||||
16 | equally split the fees specified in item (7) of subsection (g). | ||||||
17 | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | ||||||
18 | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
19 | (230 ILCS 40/55)
| ||||||
20 | Sec. 55. Precondition for licensed location. In all cases | ||||||
21 | of
application for a licensed location,
to operate a video | ||||||
22 | gaming terminal,
each licensed establishment, licensed
| ||||||
23 | fraternal establishment, or licensed veterans
establishment , | ||||||
24 | or licensed motorsports park
shall
possess a valid liquor | ||||||
25 | license issued by the Illinois Liquor Control Commission
in |
| |||||||
| |||||||
1 | effect at the time of application
and at all times thereafter | ||||||
2 | during which a video
gaming terminal is made available to the | ||||||
3 | public for play at that location. Video gaming terminals in a | ||||||
4 | licensed location shall be
operated only during the same hours | ||||||
5 | of operation generally permitted to holders of a license under | ||||||
6 | the Liquor Control Act of 1934 within the unit of local | ||||||
7 | government in which they are located. A licensed truck stop | ||||||
8 | establishment that does not hold a liquor license may operate | ||||||
9 | video gaming terminals on a continuous basis. A licensed | ||||||
10 | fraternal establishment or licensed veterans establishment | ||||||
11 | that does not hold a liquor license may operate video gaming | ||||||
12 | terminals if (i) the establishment is located in a county with | ||||||
13 | a population between 6,500 and 7,000, based on the 2000 U.S. | ||||||
14 | Census, (ii) the county prohibits by ordinance the sale of | ||||||
15 | alcohol, and (iii) the establishment is in a portion of the | ||||||
16 | county where the sale of alcohol is prohibited. A licensed | ||||||
17 | fraternal establishment or licensed veterans establishment
| ||||||
18 | that does not hold a liquor license may operate video gaming | ||||||
19 | terminals
if (i) the establishment is located in a municipality | ||||||
20 | within a county with a population
between 8,500 and 9,000 based | ||||||
21 | on the 2000 U.S. Census and (ii) the
municipality or county | ||||||
22 | prohibits or limits the sale of alcohol by ordinance in a way
| ||||||
23 | that prohibits the establishment from selling alcohol.
| ||||||
24 | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10; | ||||||
25 | 97-594, eff. 8-26-11.) |
| |||||||
| |||||||
1 | (230 ILCS 40/58)
| ||||||
2 | Sec. 58. Location of terminals. Video gaming terminals | ||||||
3 | must be located
in an area restricted to persons over 21 years | ||||||
4 | of age the entrance to which is within the view of at least one | ||||||
5 | employee, who is over 21 years of age, of the
establishment in | ||||||
6 | which they are located. The placement of video gaming terminals | ||||||
7 | in licensed establishments, licensed truck stop | ||||||
8 | establishments, licensed fraternal establishments, and | ||||||
9 | licensed veterans establishments , and licensed motorsports | ||||||
10 | park shall be subject to the rules promulgated by the Board | ||||||
11 | pursuant to the Illinois Administrative Procedure Act.
| ||||||
12 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) | ||||||
13 | (230 ILCS 40/60)
| ||||||
14 | Sec. 60. Imposition and distribution of tax.
| ||||||
15 | (a) A tax of 30% is imposed on net terminal income
and | ||||||
16 | shall be collected by the Board.
| ||||||
17 | (b) Of the tax collected under this Section, five-sixths | ||||||
18 | shall be
deposited into the Capital Projects Fund and one-sixth | ||||||
19 | shall be deposited into the Local Government Video Gaming | ||||||
20 | Distributive Fund.
| ||||||
21 | (c) Revenues generated from the play of video gaming | ||||||
22 | terminals shall be
deposited by the terminal operator, who is | ||||||
23 | responsible for tax payments, in
a specially created, separate | ||||||
24 | bank account maintained by the video gaming
terminal operator | ||||||
25 | to allow for electronic fund transfers of moneys for tax |
| |||||||
| |||||||
1 | payment.
| ||||||
2 | (d) Each licensed establishment, licensed truck stop | ||||||
3 | establishment, licensed fraternal establishment,
and licensed | ||||||
4 | veterans establishment , and licensed motorsports park shall | ||||||
5 | maintain an adequate video gaming
fund, with the amount to be | ||||||
6 | determined by the Board.
| ||||||
7 | (e) The State's percentage of net terminal income shall be | ||||||
8 | reported and remitted to the Board within 15 days after the | ||||||
9 | 15th day of each month and within 15 days after the end of each | ||||||
10 | month by the video terminal operator. A video terminal operator | ||||||
11 | who falsely reports or fails to report the amount due required | ||||||
12 | by this Section is guilty of a Class 4 felony and is subject to | ||||||
13 | termination of his or her license by the Board. Each video | ||||||
14 | terminal operator shall keep a record of net terminal income in | ||||||
15 | such form as the Board may require. All payments not remitted | ||||||
16 | when due shall be paid together with a penalty assessment on | ||||||
17 | the unpaid balance at a rate of 1.5% per month. | ||||||
18 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law. |