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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Riverboat Gambling Act is amended by | ||||||||||||||||||||||||
5 | changing Sections 5, 7, 7.6, and 13 as follows:
| ||||||||||||||||||||||||
6 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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7 | Sec. 5. Gaming Board.
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8 | (a) (1) There is hereby established the
Illinois Gaming | ||||||||||||||||||||||||
9 | Board, which shall have the powers and duties specified in
this | ||||||||||||||||||||||||
10 | Act, and all other powers necessary and proper to fully and
| ||||||||||||||||||||||||
11 | effectively execute this Act for the purpose of administering, | ||||||||||||||||||||||||
12 | regulating,
and enforcing the system of riverboat gambling | ||||||||||||||||||||||||
13 | established by this Act. Its
jurisdiction shall extend under | ||||||||||||||||||||||||
14 | this Act to every person, association,
corporation, | ||||||||||||||||||||||||
15 | partnership and trust involved in riverboat gambling
| ||||||||||||||||||||||||
16 | operations in the State of Illinois.
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17 | (2) The Board shall consist of 5 members to be appointed by | ||||||||||||||||||||||||
18 | the Governor
with the advice and consent of the Senate, one of | ||||||||||||||||||||||||
19 | whom shall be designated
by the Governor to be chairman. Each | ||||||||||||||||||||||||
20 | member shall have a reasonable
knowledge of the practice, | ||||||||||||||||||||||||
21 | procedure and principles of gambling operations.
Each member | ||||||||||||||||||||||||
22 | shall either be a resident of Illinois or shall certify that he
| ||||||||||||||||||||||||
23 | will become a resident of Illinois before taking office. At |
| |||||||
| |||||||
1 | least one member
shall be experienced in law enforcement and | ||||||
2 | criminal investigation, at
least one member shall be a | ||||||
3 | certified public accountant experienced in
accounting and | ||||||
4 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
5 | practice law in Illinois.
| ||||||
6 | (3) The terms of office of the Board members shall be 3 | ||||||
7 | years, except
that the terms of office of the initial Board | ||||||
8 | members appointed pursuant to
this Act will commence from the | ||||||
9 | effective date of this Act and run as
follows: one for a term | ||||||
10 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
11 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
12 | foregoing terms, the successors of such members shall serve a | ||||||
13 | term for 3
years and until their successors are appointed and | ||||||
14 | qualified for like terms.
Vacancies in the Board shall be | ||||||
15 | filled for the unexpired term in like
manner as original | ||||||
16 | appointments. Each member of the Board shall be
eligible for | ||||||
17 | reappointment at the discretion of the Governor with the
advice | ||||||
18 | and consent of the Senate.
| ||||||
19 | (4) Each member of the Board shall receive $300 for each | ||||||
20 | day the
Board meets and for each day the member conducts any | ||||||
21 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
22 | also be reimbursed for all actual
and necessary expenses and | ||||||
23 | disbursements incurred in the execution of official
duties.
| ||||||
24 | (5) No person shall be appointed a member of the Board or | ||||||
25 | continue to be
a member of the Board who is, or whose spouse, | ||||||
26 | child or parent is, a member
of the board of directors of, or a |
| |||||||
| |||||||
1 | person financially interested in, any
gambling operation | ||||||
2 | subject to the jurisdiction of this Board, or any race
track, | ||||||
3 | race meeting, racing association or the operations thereof | ||||||
4 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
5 | Board member shall
hold any other public office. No person | ||||||
6 | shall be a
member of the Board who is not of good moral | ||||||
7 | character or who has been
convicted of, or is under indictment | ||||||
8 | for, a felony under the laws of
Illinois or any other state, or | ||||||
9 | the United States.
| ||||||
10 | (5.5) No member of the Board shall engage in any political | ||||||
11 | activity. For the purposes of this Section, "political" means | ||||||
12 | any activity in support
of or in connection with any campaign | ||||||
13 | for federal, State, or local elective office or any political
| ||||||
14 | organization, but does not include activities (i) relating to | ||||||
15 | the support or
opposition of any executive, legislative, or | ||||||
16 | administrative action (as those
terms are defined in Section 2 | ||||||
17 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
18 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
19 | person's official
State duties or governmental and public | ||||||
20 | service functions.
| ||||||
21 | (6) Any member of the Board may be removed by the Governor | ||||||
22 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
23 | in office or for engaging in any political activity.
| ||||||
24 | (7) Before entering upon the discharge of the duties of his | ||||||
25 | office, each
member of the Board shall take an oath that he | ||||||
26 | will faithfully execute the
duties of his office according to |
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| |||||||
1 | the laws of the State and the rules and
regulations adopted | ||||||
2 | therewith and shall give bond to the State of Illinois,
| ||||||
3 | approved by the Governor, in the sum of $25,000. Every such | ||||||
4 | bond, when
duly executed and approved, shall be recorded in the | ||||||
5 | office of the
Secretary of State. Whenever the Governor | ||||||
6 | determines that the bond of any
member of the Board has become | ||||||
7 | or is likely to become invalid or
insufficient, he shall | ||||||
8 | require such member forthwith to renew his bond,
which is to be | ||||||
9 | approved by the Governor. Any member of the Board who fails
to | ||||||
10 | take oath and give bond within 30 days from the date of his | ||||||
11 | appointment,
or who fails to renew his bond within 30 days | ||||||
12 | after it is demanded by the
Governor, shall be guilty of | ||||||
13 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
14 | any bond given by any member of the Board under this
Section | ||||||
15 | shall be taken to be a part of the necessary expenses of the | ||||||
16 | Board.
| ||||||
17 | (7.5) For the examination of all mechanical, | ||||||
18 | electromechanical, or electronic table games, slot machines, | ||||||
19 | slot accounting systems, and other electronic gaming equipment | ||||||
20 | for compliance with this Act, the Board may utilize the | ||||||
21 | services of one or more independent outside testing | ||||||
22 | laboratories that have been accredited by a national | ||||||
23 | accreditation body and that, in the judgment of the Board, are | ||||||
24 | qualified to perform such examinations. | ||||||
25 | (8) The Board shall employ such
personnel as may be | ||||||
26 | necessary to carry out its functions and shall determine the |
| |||||||
| |||||||
1 | salaries of all personnel, except those personnel whose | ||||||
2 | salaries are determined under the terms of a collective | ||||||
3 | bargaining agreement. No
person shall be employed to serve the | ||||||
4 | Board who is, or whose spouse, parent
or child is, an official | ||||||
5 | of, or has a financial interest in or financial
relation with, | ||||||
6 | any operator engaged in gambling operations within this
State | ||||||
7 | or any organization engaged in conducting horse racing within | ||||||
8 | this
State. Any employee violating these prohibitions shall be | ||||||
9 | subject to
termination of employment.
| ||||||
10 | (9) An Administrator shall perform any and all duties that | ||||||
11 | the Board
shall assign him. The salary of the Administrator | ||||||
12 | shall be determined by
the Board and, in addition,
he shall be | ||||||
13 | reimbursed for all actual and necessary expenses incurred by
| ||||||
14 | him in discharge of his official duties. The Administrator | ||||||
15 | shall keep
records of all proceedings of the Board and shall | ||||||
16 | preserve all records,
books, documents and other papers | ||||||
17 | belonging to the Board or entrusted to
its care. The | ||||||
18 | Administrator shall devote his full time to the duties of
the | ||||||
19 | office and shall not hold any other office or employment.
| ||||||
20 | (b) The Board shall have general responsibility for the | ||||||
21 | implementation
of this Act. Its duties include, without | ||||||
22 | limitation, the following:
| ||||||
23 | (1) To decide promptly and in reasonable order all | ||||||
24 | license applications.
Any party aggrieved by an action of | ||||||
25 | the Board denying, suspending,
revoking, restricting or | ||||||
26 | refusing to renew a license may request a hearing
before |
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| |||||||
1 | the Board. A request for a hearing must be made to the | ||||||
2 | Board in
writing within 5 days after service of notice of | ||||||
3 | the action of the Board.
Notice of the action of the Board | ||||||
4 | shall be served either by personal
delivery or by certified | ||||||
5 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
6 | served by certified mail shall be deemed complete on the | ||||||
7 | business
day following the date of such mailing. The Board | ||||||
8 | shall conduct all
requested hearings promptly and in | ||||||
9 | reasonable order;
| ||||||
10 | (2) To conduct all hearings pertaining to civil | ||||||
11 | violations of this Act
or rules and regulations promulgated | ||||||
12 | hereunder;
| ||||||
13 | (3) To promulgate such rules and regulations as in its | ||||||
14 | judgment may be
necessary to protect or enhance the | ||||||
15 | credibility and integrity of gambling
operations | ||||||
16 | authorized by this Act and the regulatory process | ||||||
17 | hereunder;
| ||||||
18 | (4) To provide for the establishment and collection of | ||||||
19 | all license and
registration fees and taxes imposed by this | ||||||
20 | Act and the rules and
regulations issued pursuant hereto. | ||||||
21 | All such fees and taxes shall be
deposited into the State | ||||||
22 | Gaming Fund;
| ||||||
23 | (5) To provide for the levy and collection of penalties | ||||||
24 | and fines for the
violation of provisions of this Act and | ||||||
25 | the rules and regulations
promulgated hereunder. All such | ||||||
26 | fines and penalties shall be deposited
into the Education |
| |||||||
| |||||||
1 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
2 | State of Illinois;
| ||||||
3 | (6) To be present through its inspectors and agents any | ||||||
4 | time gambling
operations are conducted on any riverboat for | ||||||
5 | the purpose of certifying the
revenue thereof, receiving | ||||||
6 | complaints from the public, and conducting such
other | ||||||
7 | investigations into the conduct of the gambling games and | ||||||
8 | the
maintenance of the equipment as from time to time the | ||||||
9 | Board may deem
necessary and proper;
| ||||||
10 | (7) To review and rule upon any complaint by a licensee
| ||||||
11 | regarding any investigative procedures of the State which | ||||||
12 | are unnecessarily
disruptive of gambling operations. The | ||||||
13 | need to inspect and investigate
shall be presumed at all | ||||||
14 | times. The disruption of a licensee's operations
shall be | ||||||
15 | proved by clear and convincing evidence, and establish | ||||||
16 | that: (A)
the procedures had no reasonable law enforcement | ||||||
17 | purposes, and (B) the
procedures were so disruptive as to | ||||||
18 | unreasonably inhibit gambling operations;
| ||||||
19 | (8) To hold at least one meeting each quarter of the | ||||||
20 | fiscal
year. In addition, special meetings may be called by | ||||||
21 | the Chairman or any 2
Board members upon 72 hours written | ||||||
22 | notice to each member. All Board
meetings shall be subject | ||||||
23 | to the Open Meetings Act. Three members of the
Board shall | ||||||
24 | constitute a quorum, and 3 votes shall be required for any
| ||||||
25 | final determination by the Board. The Board shall keep a | ||||||
26 | complete and
accurate record of all its meetings. A |
| |||||||
| |||||||
1 | majority of the members of the Board
shall constitute a | ||||||
2 | quorum for the transaction of any business, for the
| ||||||
3 | performance of any duty, or for the exercise of any power | ||||||
4 | which this Act
requires the Board members to transact, | ||||||
5 | perform or exercise en banc, except
that, upon order of the | ||||||
6 | Board, one of the Board members or an
administrative law | ||||||
7 | judge designated by the Board may conduct any hearing
| ||||||
8 | provided for under this Act or by Board rule and may | ||||||
9 | recommend findings and
decisions to the Board. The Board | ||||||
10 | member or administrative law judge
conducting such hearing | ||||||
11 | shall have all powers and rights granted to the
Board in | ||||||
12 | this Act. The record made at the time of the hearing shall | ||||||
13 | be
reviewed by the Board, or a majority thereof, and the | ||||||
14 | findings and decision
of the majority of the Board shall | ||||||
15 | constitute the order of the Board in
such case;
| ||||||
16 | (9) To maintain records which are separate and distinct | ||||||
17 | from the records
of any other State board or commission. | ||||||
18 | Such records shall be available
for public inspection and | ||||||
19 | shall accurately reflect all Board proceedings;
| ||||||
20 | (10) To file a written annual report with the Governor | ||||||
21 | on or before
March 1 each year and such additional reports | ||||||
22 | as the Governor may request.
The annual report shall | ||||||
23 | include a statement of receipts and disbursements
by the | ||||||
24 | Board, actions taken by the Board, and any additional | ||||||
25 | information
and recommendations which the Board may deem | ||||||
26 | valuable or which the Governor
may request;
|
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| |||||||
1 | (11) (Blank);
| ||||||
2 | (12) (Blank);
| ||||||
3 | (13) To assume responsibility for administration and | ||||||
4 | enforcement of the
Video Gaming Act; and | ||||||
5 | (14) To adopt, by rule, a code of conduct governing | ||||||
6 | Board members and employees that ensure, to the maximum | ||||||
7 | extent possible, that persons subject to this Code avoid | ||||||
8 | situations, relationships, or associations that may | ||||||
9 | represent or lead to a conflict of interest.
| ||||||
10 | (c) The Board shall have jurisdiction over and shall | ||||||
11 | supervise all
gambling operations governed by this Act. The | ||||||
12 | Board shall have all powers
necessary and proper to fully and | ||||||
13 | effectively execute the provisions of
this Act, including, but | ||||||
14 | not limited to, the following:
| ||||||
15 | (1) To investigate applicants and determine the | ||||||
16 | eligibility of
applicants for licenses and to select among | ||||||
17 | competing applicants the
applicants which best serve the | ||||||
18 | interests of the citizens of Illinois.
| ||||||
19 | (2) To have jurisdiction and supervision over all | ||||||
20 | riverboat gambling
operations in this State and all persons | ||||||
21 | on riverboats where gambling
operations are conducted.
| ||||||
22 | (3) To promulgate rules and regulations for the purpose | ||||||
23 | of administering
the provisions of this Act and to | ||||||
24 | prescribe rules, regulations and
conditions under which | ||||||
25 | all riverboat gambling in the State shall be
conducted. | ||||||
26 | Such rules and regulations are to provide for the |
| |||||||
| |||||||
1 | prevention of
practices detrimental to the public interest | ||||||
2 | and for the best interests of
riverboat gambling, including | ||||||
3 | rules and regulations regarding the
inspection of such | ||||||
4 | riverboats and the review of any permits or licenses
| ||||||
5 | necessary to operate a riverboat under any laws or | ||||||
6 | regulations applicable
to riverboats, and to impose | ||||||
7 | penalties for violations thereof.
| ||||||
8 | (4) To enter the office, riverboats, facilities, or | ||||||
9 | other
places of business of a licensee, where evidence of | ||||||
10 | the compliance or
noncompliance with the provisions of this | ||||||
11 | Act is likely to be found.
| ||||||
12 | (5) To investigate alleged violations of this Act or | ||||||
13 | the
rules of the Board and to take appropriate disciplinary
| ||||||
14 | action against a licensee or a holder of an occupational | ||||||
15 | license for a
violation, or institute appropriate legal | ||||||
16 | action for enforcement, or both.
| ||||||
17 | (6) To adopt standards for the licensing of all persons | ||||||
18 | under this Act,
as well as for electronic or mechanical | ||||||
19 | gambling games, and to establish
fees for such licenses.
| ||||||
20 | (7) To adopt appropriate standards for all riverboats
| ||||||
21 | and facilities.
| ||||||
22 | (8) To require that the records, including financial or | ||||||
23 | other statements
of any licensee under this Act, shall be | ||||||
24 | kept in such manner as prescribed
by the Board and that any | ||||||
25 | such licensee involved in the ownership or
management of | ||||||
26 | gambling operations submit to the Board an annual balance
|
| |||||||
| |||||||
1 | sheet and profit and loss statement, list of the | ||||||
2 | stockholders or other
persons having a 1% or greater | ||||||
3 | beneficial interest in the gambling
activities of each | ||||||
4 | licensee, and any other information the Board deems
| ||||||
5 | necessary in order to effectively administer this Act and | ||||||
6 | all rules,
regulations, orders and final decisions | ||||||
7 | promulgated under this Act.
| ||||||
8 | (9) To conduct hearings, issue subpoenas for the | ||||||
9 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
10 | production of books, records
and other pertinent documents | ||||||
11 | in accordance with the Illinois
Administrative Procedure | ||||||
12 | Act, and to administer oaths and affirmations to
the | ||||||
13 | witnesses, when, in the judgment of the Board, it is | ||||||
14 | necessary to
administer or enforce this Act or the Board | ||||||
15 | rules.
| ||||||
16 | (10) To prescribe a form to be used by any licensee | ||||||
17 | involved in the
ownership or management of gambling | ||||||
18 | operations as an
application for employment for their | ||||||
19 | employees.
| ||||||
20 | (11) To revoke or suspend licenses, as the Board may | ||||||
21 | see fit and in
compliance with applicable laws of the State | ||||||
22 | regarding administrative
procedures, and to review | ||||||
23 | applications for the renewal of licenses. The
Board may | ||||||
24 | suspend an owners license, without notice or hearing upon a
| ||||||
25 | determination that the safety or health of patrons or | ||||||
26 | employees is
jeopardized by continuing a riverboat's |
| |||||||
| |||||||
1 | operation. The suspension may
remain in effect until the | ||||||
2 | Board determines that the cause for suspension
has been | ||||||
3 | abated. The Board may revoke the owners license upon a
| ||||||
4 | determination that the owner has not made satisfactory | ||||||
5 | progress toward
abating the hazard.
| ||||||
6 | (12) To eject or exclude or authorize the ejection or | ||||||
7 | exclusion of, any
person from riverboat gambling | ||||||
8 | facilities where such person is in violation
of this Act, | ||||||
9 | rules and regulations thereunder, or final orders of the
| ||||||
10 | Board, or where such person's conduct or reputation is such | ||||||
11 | that his
presence within the riverboat gambling facilities | ||||||
12 | may, in the opinion of
the Board, call into question the | ||||||
13 | honesty and integrity of the gambling
operations or | ||||||
14 | interfere with orderly conduct thereof; provided that the
| ||||||
15 | propriety of such ejection or exclusion is subject to | ||||||
16 | subsequent hearing
by the Board.
| ||||||
17 | (13) To require all licensees of gambling operations to | ||||||
18 | utilize a
cashless wagering system whereby all players' | ||||||
19 | money is converted to tokens,
electronic cards, or chips | ||||||
20 | which shall be used only for wagering in the
gambling | ||||||
21 | establishment.
| ||||||
22 | (14) (Blank).
| ||||||
23 | (15) To suspend, revoke or restrict licenses, to | ||||||
24 | require the
removal of a licensee or an employee of a | ||||||
25 | licensee for a violation of this
Act or a Board rule or for | ||||||
26 | engaging in a fraudulent practice, and to
impose civil |
| |||||||
| |||||||
1 | penalties of up to $5,000 against individuals and up to
| ||||||
2 | $10,000 or an amount equal to the daily gross receipts, | ||||||
3 | whichever is
larger, against licensees for each violation | ||||||
4 | of any provision of the Act,
any rules adopted by the | ||||||
5 | Board, any order of the Board or any other action
which, in | ||||||
6 | the Board's discretion, is a detriment or impediment to | ||||||
7 | riverboat
gambling operations , provided that these | ||||||
8 | limitations on civil penalties shall not apply to civil | ||||||
9 | penalties assessed under the Video Gaming Act .
| ||||||
10 | (16) To hire employees to gather information, conduct | ||||||
11 | investigations
and carry out any other tasks contemplated | ||||||
12 | under this Act.
| ||||||
13 | (17) To establish minimum levels of insurance to be | ||||||
14 | maintained by
licensees.
| ||||||
15 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
16 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
17 | of 1934 on board a riverboat
and to have exclusive | ||||||
18 | authority to establish the hours for sale and
consumption | ||||||
19 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
20 | any
provision of the Liquor Control Act of 1934 or any | ||||||
21 | local ordinance, and
regardless of whether the riverboat | ||||||
22 | makes excursions. The
establishment of the hours for sale | ||||||
23 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
24 | an exclusive power and function of the State. A home
rule | ||||||
25 | unit may not establish the hours for sale and consumption | ||||||
26 | of alcoholic
liquor on board a riverboat. This amendatory |
| |||||||
| |||||||
1 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
2 | and functions under subsection (h) of
Section 6 of Article | ||||||
3 | VII of the Illinois Constitution.
| ||||||
4 | (19) After consultation with the U.S. Army Corps of | ||||||
5 | Engineers, to
establish binding emergency orders upon the | ||||||
6 | concurrence of a majority of
the members of the Board | ||||||
7 | regarding the navigability of water, relative to
| ||||||
8 | excursions,
in the event
of extreme weather conditions, | ||||||
9 | acts of God or other extreme circumstances.
| ||||||
10 | (20) To delegate the execution of any of its powers | ||||||
11 | under this Act for
the purpose of administering and | ||||||
12 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
13 | (20.5) To approve any contract entered into on its | ||||||
14 | behalf.
| ||||||
15 | (20.6) To appoint investigators to conduct | ||||||
16 | investigations, searches, seizures, arrests, and other | ||||||
17 | duties imposed under this Act, as deemed necessary by the | ||||||
18 | Board. These investigators have and may exercise all of the | ||||||
19 | rights and powers of peace officers, provided that these | ||||||
20 | powers shall be limited to offenses or violations occurring | ||||||
21 | or committed on a riverboat or dock, as defined in | ||||||
22 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
23 | provided by this Act or any other law. | ||||||
24 | (20.7) To contract with the Department of State Police | ||||||
25 | for the use of trained and qualified State police officers | ||||||
26 | and with the Department of Revenue for the use of trained |
| |||||||
| |||||||
1 | and qualified Department of Revenue investigators to | ||||||
2 | conduct investigations, searches, seizures, arrests, and | ||||||
3 | other duties imposed under this Act and to exercise all of | ||||||
4 | the rights and powers of peace officers, provided that the | ||||||
5 | powers of Department of Revenue investigators under this | ||||||
6 | subdivision (20.7) shall be limited to offenses or | ||||||
7 | violations occurring or committed on a riverboat or dock, | ||||||
8 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
9 | otherwise provided by this Act or any other law. In the | ||||||
10 | event the Department of State Police or the Department of | ||||||
11 | Revenue is unable to fill contracted police or | ||||||
12 | investigative positions, the Board may appoint | ||||||
13 | investigators to fill those positions pursuant to | ||||||
14 | subdivision (20.6).
| ||||||
15 | (21) To take any other action as may be reasonable or | ||||||
16 | appropriate to
enforce this Act and rules and regulations | ||||||
17 | hereunder.
| ||||||
18 | (d) The Board may seek and shall receive the cooperation of | ||||||
19 | the
Department of State Police in conducting background | ||||||
20 | investigations of
applicants and in fulfilling its | ||||||
21 | responsibilities under
this Section. Costs incurred by the | ||||||
22 | Department of State Police as
a result of such cooperation | ||||||
23 | shall be paid by the Board in conformance
with the requirements | ||||||
24 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
25 | ILCS 2605/2605-400).
| ||||||
26 | (e) The Board must authorize to each investigator and to |
| |||||||
| |||||||
1 | any other
employee of the Board exercising the powers of a | ||||||
2 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
3 | states that the badge is authorized by the Board
and
(ii) | ||||||
4 | contains a unique identifying number. No other badge shall be | ||||||
5 | authorized
by the Board.
| ||||||
6 | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
| ||||||
7 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
8 | Sec. 7. Owners licenses.
| ||||||
9 | (a) The Board shall issue owners licenses to persons, firms | ||||||
10 | or
corporations which apply for such licenses upon payment to | ||||||
11 | the Board of the
non-refundable license fee set by the Board, | ||||||
12 | upon payment of a $25,000
license fee for the first year of | ||||||
13 | operation and a $5,000 license fee for
each succeeding year and | ||||||
14 | upon a determination by the Board that the
applicant is | ||||||
15 | eligible for an owners license pursuant to this Act and the
| ||||||
16 | rules of the Board. From the effective date of this amendatory | ||||||
17 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
18 | effective date of this amendatory Act of the 95th General | ||||||
19 | Assembly, (ii) the date any organization licensee begins to | ||||||
20 | operate a slot machine or video game of chance under the | ||||||
21 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
22 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
23 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
24 | Act is increased by law to reflect a tax rate that is at least | ||||||
25 | as stringent or more stringent than the tax rate contained in |
| |||||||
| |||||||
1 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
2 | condition of licensure and as an alternative source of payment | ||||||
3 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
4 | the Riverboat Gambling Act, any owners licensee that holds or | ||||||
5 | receives its owners license on or after the effective date of | ||||||
6 | this amendatory Act of the 94th General Assembly, other than an | ||||||
7 | owners licensee operating a riverboat with adjusted gross | ||||||
8 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
9 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
10 | other payments required under this Act, an amount equal to 3% | ||||||
11 | of the adjusted gross receipts received by the owners licensee. | ||||||
12 | The payments required under this Section shall be made by the | ||||||
13 | owners licensee to the State Treasurer no later than 3:00 | ||||||
14 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
15 | receipts were received by the owners licensee. A person, firm | ||||||
16 | or corporation is ineligible to receive
an owners license if:
| ||||||
17 | (1) the person has been convicted of a felony under the | ||||||
18 | laws of this
State, any other state, or the United States;
| ||||||
19 | (2) the person has been convicted of any violation of | ||||||
20 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
21 | Code of 2012, or substantially similar laws of any other | ||||||
22 | jurisdiction;
| ||||||
23 | (3) the person has submitted an application for a | ||||||
24 | license under this
Act which contains false information;
| ||||||
25 | (4) the person is
a member of the Board;
| ||||||
26 | (5) a person defined in (1), (2), (3) or (4) is an |
| |||||||
| |||||||
1 | officer, director or
managerial employee of the firm or | ||||||
2 | corporation;
| ||||||
3 | (6) the firm or corporation employs a person defined in | ||||||
4 | (1), (2), (3) or
(4) who participates in the management or | ||||||
5 | operation of gambling operations
authorized under this | ||||||
6 | Act;
| ||||||
7 | (7) (blank); or
| ||||||
8 | (8) a license of the person, firm or corporation issued | ||||||
9 | under
this Act, or a license to own or operate gambling | ||||||
10 | facilities
in any other jurisdiction, has been revoked.
| ||||||
11 | The Board is expressly prohibited from making changes to | ||||||
12 | the requirement that licensees make payment into the Horse | ||||||
13 | Racing Equity Trust Fund without the express authority of the | ||||||
14 | Illinois General Assembly and making any other rule to | ||||||
15 | implement or interpret this amendatory Act of the 95th General | ||||||
16 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
17 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
18 | Administrative Procedure Act. | ||||||
19 | (b) In determining whether to grant an owners license to an | ||||||
20 | applicant, the
Board shall consider:
| ||||||
21 | (1) the character, reputation, experience and | ||||||
22 | financial integrity of the
applicants and of any other or | ||||||
23 | separate person that either:
| ||||||
24 | (A) controls, directly or indirectly, such | ||||||
25 | applicant, or
| ||||||
26 | (B) is controlled, directly or indirectly, by such |
| |||||||
| |||||||
1 | applicant or by a
person which controls, directly or | ||||||
2 | indirectly, such applicant;
| ||||||
3 | (2) the facilities or proposed facilities for the | ||||||
4 | conduct of riverboat
gambling;
| ||||||
5 | (3) the highest prospective total revenue to be derived | ||||||
6 | by the State
from the conduct of riverboat gambling;
| ||||||
7 | (4) the extent to which the ownership of the applicant | ||||||
8 | reflects the
diversity of the State by including minority | ||||||
9 | persons, women, and persons with a disability
and the good | ||||||
10 | faith affirmative action plan of
each applicant to recruit, | ||||||
11 | train and upgrade minority persons, women, and persons with | ||||||
12 | a disability in all employment classifications;
| ||||||
13 | (4.5) the extent to which the ownership of the | ||||||
14 | applicant includes veterans of service in the armed forces | ||||||
15 | of the United States, and the good faith affirmative action | ||||||
16 | plan of each applicant to recruit, train, and upgrade | ||||||
17 | veterans of service in the armed forces of the United | ||||||
18 | States in all employment classifications; | ||||||
19 | (5) the financial ability of the applicant to purchase | ||||||
20 | and maintain
adequate liability and casualty insurance;
| ||||||
21 | (6) whether the applicant has adequate capitalization | ||||||
22 | to provide and
maintain, for the duration of a license, a | ||||||
23 | riverboat;
| ||||||
24 | (7) the extent to which the applicant exceeds or meets | ||||||
25 | other standards
for the issuance of an owners license which | ||||||
26 | the Board may adopt by rule;
and
|
| |||||||
| |||||||
1 | (8) The amount of the applicant's license bid.
| ||||||
2 | (c) Each owners license shall specify the place where | ||||||
3 | riverboats shall
operate and dock.
| ||||||
4 | (d) Each applicant shall submit with his application, on | ||||||
5 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
6 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
7 | holders of such
licenses to own riverboats. In the application | ||||||
8 | for an owners license, the
applicant shall state the dock at | ||||||
9 | which the riverboat is based and the water
on which the | ||||||
10 | riverboat will be located. The Board shall issue 5 licenses to
| ||||||
11 | become effective not earlier than January 1, 1991. Three of | ||||||
12 | such licenses
shall authorize riverboat gambling on the | ||||||
13 | Mississippi River, or, with approval
by the municipality in | ||||||
14 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
15 | approval, be authorized to relocate to a new location,
in a
| ||||||
16 | municipality that (1) borders on the Mississippi River or is | ||||||
17 | within 5
miles of the city limits of a municipality that | ||||||
18 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
19 | had a riverboat conducting riverboat gambling operations | ||||||
20 | pursuant to
a license issued under this Act; one of which shall | ||||||
21 | authorize riverboat
gambling from a home dock in the city of | ||||||
22 | East St. Louis. One other license
shall
authorize riverboat | ||||||
23 | gambling on
the Illinois River south of Marshall County. The | ||||||
24 | Board shall issue one
additional license to become effective | ||||||
25 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
26 | gambling on the Des Plaines River in Will County.
The Board may |
| |||||||
| |||||||
1 | issue 4 additional licenses to become effective not
earlier | ||||||
2 | than
March 1, 1992. In determining the water upon which | ||||||
3 | riverboats will operate,
the Board shall consider the economic | ||||||
4 | benefit which riverboat gambling confers
on the State, and | ||||||
5 | shall seek to assure that all regions of the State share
in the | ||||||
6 | economic benefits of riverboat gambling.
| ||||||
7 | In granting all licenses, the Board may give favorable | ||||||
8 | consideration to
economically depressed areas of the State, to | ||||||
9 | applicants presenting plans
which provide for significant | ||||||
10 | economic development over a large geographic
area, and to | ||||||
11 | applicants who currently operate non-gambling riverboats in
| ||||||
12 | Illinois.
The Board shall review all applications for owners | ||||||
13 | licenses,
and shall inform each applicant of the Board's | ||||||
14 | decision.
The Board may grant an owners license to an
applicant | ||||||
15 | that has not submitted the highest license bid, but if it does | ||||||
16 | not
select the highest bidder, the Board shall issue a written | ||||||
17 | decision explaining
why another
applicant was selected and | ||||||
18 | identifying the factors set forth in this Section
that favored | ||||||
19 | the winning bidder.
| ||||||
20 | In addition to any other revocation powers granted to the | ||||||
21 | Board under this
Act,
the Board may revoke the owners license | ||||||
22 | of a licensee which fails
to begin conducting gambling within | ||||||
23 | 15 months
of receipt of the
Board's approval of the application | ||||||
24 | if the Board determines that license
revocation is in the best | ||||||
25 | interests of the State.
| ||||||
26 | (f) The first 10 owners licenses issued under this Act |
| |||||||
| |||||||
1 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
2 | thereon
for a period of 3 years after the effective date of the | ||||||
3 | license. Holders of
the first 10 owners licenses must pay the | ||||||
4 | annual license fee for each of
the 3
years during which they | ||||||
5 | are authorized to own riverboats.
| ||||||
6 | (g) Upon the termination, expiration, or revocation of each | ||||||
7 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
8 | period, all licenses are
renewable annually upon payment of the | ||||||
9 | fee and a determination by the Board
that the licensee | ||||||
10 | continues to meet all of the requirements of this Act and the
| ||||||
11 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
12 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
13 | Board sets a shorter period.
| ||||||
14 | (h) An owners license shall entitle the licensee to own up | ||||||
15 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
16 | participants to
1,200 for any such owners license.
A licensee | ||||||
17 | may operate both of its riverboats concurrently, provided that | ||||||
18 | the
total number of gambling participants on both riverboats | ||||||
19 | does not exceed
1,200. Riverboats licensed to operate on the
| ||||||
20 | Mississippi River and the Illinois River south of Marshall | ||||||
21 | County shall
have an authorized capacity of at least 500 | ||||||
22 | persons. Any other riverboat
licensed under this Act shall have | ||||||
23 | an authorized capacity of at least 400
persons.
| ||||||
24 | (i) A licensed owner is authorized to apply to the Board | ||||||
25 | for and, if
approved therefor, to receive all licenses from the | ||||||
26 | Board necessary for the
operation of a riverboat, including a |
| |||||||
| |||||||
1 | liquor license, a license
to prepare and serve food for human | ||||||
2 | consumption, and other necessary
licenses. All use, occupation | ||||||
3 | and excise taxes which apply to the sale of
food and beverages | ||||||
4 | in this State and all taxes imposed on the sale or use
of | ||||||
5 | tangible personal property apply to such sales aboard the | ||||||
6 | riverboat.
| ||||||
7 | (j) The Board may issue or re-issue a license authorizing a | ||||||
8 | riverboat to
dock
in a municipality or approve a relocation | ||||||
9 | under Section 11.2 only if, prior
to the issuance or | ||||||
10 | re-issuance of
the license or approval, the governing body of | ||||||
11 | the municipality in which
the riverboat will dock has by a | ||||||
12 | majority vote approved the docking of
riverboats in the | ||||||
13 | municipality. The Board may issue or re-issue a license
| ||||||
14 | authorizing a
riverboat to dock in areas of a county outside | ||||||
15 | any municipality or approve a
relocation under Section 11.2 | ||||||
16 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
17 | approval, the
governing body of the county has by a majority | ||||||
18 | vote approved of the docking of
riverboats within such areas.
| ||||||
19 | (Source: P.A. 100-391, eff. 8-25-17.)
| ||||||
20 | (230 ILCS 10/7.6) | ||||||
21 | Sec. 7.6. Business enterprise program. | ||||||
22 | (a) For the purposes of this Section, the terms "minority", | ||||||
23 | "minority-owned business", "woman", "women-owned business", | ||||||
24 | "person with a disability", and "business owned by a person | ||||||
25 | with a disability" have the meanings ascribed to them in the |
| |||||||
| |||||||
1 | Business Enterprise for Minorities, Women, and Persons with | ||||||
2 | Disabilities Act. | ||||||
3 | (b) The Board shall, by rule, establish goals for the award | ||||||
4 | of contracts by each owners licensee to businesses owned by | ||||||
5 | minorities, women, and persons with disabilities, expressed as | ||||||
6 | percentages of an owners licensee's total dollar amount of | ||||||
7 | contracts awarded during each calendar year. Each owners | ||||||
8 | licensee must make every effort to meet the goals established | ||||||
9 | by the Board pursuant to this Section. When setting the goals | ||||||
10 | for the award of contracts, the Board shall not include | ||||||
11 | contracts where: (1) any purchasing mandates would be dependent | ||||||
12 | upon the availability of minority-owned businesses, | ||||||
13 | women-owned businesses, and businesses owned by persons with | ||||||
14 | disabilities ready, willing, and able with capacity to provide | ||||||
15 | quality goods and services to a gaming operation at reasonable | ||||||
16 | prices; (2) there are no or a limited number of licensed | ||||||
17 | suppliers as defined by this Act for the goods or services | ||||||
18 | provided to the licensee; (3) the licensee or its parent | ||||||
19 | company owns a company that provides the goods or services; or | ||||||
20 | (4) the goods or services are provided to the licensee by a | ||||||
21 | publicly traded company. | ||||||
22 | (c) Each owners licensee shall file with the Board an | ||||||
23 | annual report of its utilization of minority-owned businesses, | ||||||
24 | women-owned businesses, and businesses owned by persons with | ||||||
25 | disabilities during the preceding calendar year. The reports | ||||||
26 | shall include a self-evaluation of the efforts of the owners |
| |||||||
| |||||||
1 | licensee to meet its goals under this Section. | ||||||
2 | (c-5) The Board shall, by rule, establish goals for the | ||||||
3 | award of contracts by each owners licensee to businesses owned | ||||||
4 | by veterans of service in the armed forces of the United | ||||||
5 | States, expressed as percentages of an owners licensee's total | ||||||
6 | dollar amount of contracts awarded during each calendar year. | ||||||
7 | When setting the goals for the award of contracts, the Board | ||||||
8 | shall not include contracts where: (1) any purchasing mandates | ||||||
9 | would be dependent upon the availability of veteran-owned | ||||||
10 | businesses ready, willing, and able with capacity to provide | ||||||
11 | quality goods and services to a gaming operation at reasonable | ||||||
12 | prices; (2) there are no or a limited number of licensed | ||||||
13 | suppliers as defined in this Act for the goods or services | ||||||
14 | provided to the licensee: (3) the licensee or its parent | ||||||
15 | company owns a company that provides the goods or services; or | ||||||
16 | (4) the goods or services are provided to the licensee by a | ||||||
17 | publicly traded company. | ||||||
18 | Each owners licensee shall file with the Board an annual | ||||||
19 | report of its utilization of veteran-owned businesses during | ||||||
20 | the preceding calendar year. The reports shall include a | ||||||
21 | self-evaluation of the efforts of the owners licensee to meet | ||||||
22 | its goals under this Section. | ||||||
23 | (d) The owners licensee shall have the right to request a | ||||||
24 | waiver from the requirements of this Section. The Board shall | ||||||
25 | grant the waiver where the owners licensee demonstrates that | ||||||
26 | there has been made a good faith effort to comply with the |
| |||||||
| |||||||
1 | goals for participation by minority-owned businesses, | ||||||
2 | women-owned businesses, and businesses owned by persons with
| ||||||
3 | disabilities , and veteran-owned businesses . | ||||||
4 | (e) If the Board determines that its goals and policies are | ||||||
5 | not being met by any owners licensee, then the Board may: | ||||||
6 | (1) adopt remedies for such violations; and | ||||||
7 | (2) recommend that the owners licensee provide | ||||||
8 | additional opportunities for participation by | ||||||
9 | minority-owned businesses, women-owned businesses, and | ||||||
10 | businesses owned by persons with disabilities , and | ||||||
11 | veteran-owned businesses ; such recommendations may | ||||||
12 | include, but shall not be limited to: | ||||||
13 | (A) assurances of stronger and better focused
| ||||||
14 | solicitation efforts to obtain more minority-owned | ||||||
15 | businesses, women-owned businesses, and businesses | ||||||
16 | owned by persons with disabilities , and veteran-owned | ||||||
17 | businesses as potential sources of supply; | ||||||
18 | (B) division of job or project requirements, when
| ||||||
19 | economically feasible, into tasks or quantities to | ||||||
20 | permit participation of minority-owned businesses, | ||||||
21 | women-owned businesses, and businesses owned by | ||||||
22 | persons with disabilities , and veteran-owned | ||||||
23 | businesses ; | ||||||
24 | (C) elimination of extended experience or
| ||||||
25 | capitalization requirements, when programmatically | ||||||
26 | feasible, to permit participation of minority-owned |
| |||||||
| |||||||
1 | businesses, women-owned businesses, and businesses | ||||||
2 | owned by persons with disabilities , and veteran-owned | ||||||
3 | businesses ; | ||||||
4 | (D) identification of specific proposed contracts | ||||||
5 | as
particularly attractive or appropriate for | ||||||
6 | participation by minority-owned businesses, | ||||||
7 | women-owned businesses, and businesses owned by | ||||||
8 | persons with disabilities , and veteran-owned | ||||||
9 | businesses , such identification to result from and be | ||||||
10 | coupled with the efforts of items (A) through (C);
and | ||||||
11 | (E) implementation of regulations established
for | ||||||
12 | the use of the sheltered market process. | ||||||
13 | (f) The Board shall file, no later than March 1 of each | ||||||
14 | year, an annual report that shall detail the level of | ||||||
15 | achievement toward the goals specified in this Section over the | ||||||
16 | 3 most recent fiscal years. The annual report shall include, | ||||||
17 | but need not be limited to: | ||||||
18 | (1) a summary detailing expenditures subject
to the | ||||||
19 | goals, the actual goals specified, and the goals attained | ||||||
20 | by each owners licensee; and | ||||||
21 | (2) an analysis of the level of overall goal
| ||||||
22 | achievement concerning purchases from minority-owned | ||||||
23 | businesses, women-owned businesses, and businesses owned | ||||||
24 | by persons with disabilities , and veteran-owned | ||||||
25 | businesses .
| ||||||
26 | (Source: P.A. 99-78, eff. 7-20-15; 100-391, eff. 8-25-17.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
2 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
3 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
4 | gross
receipts received from gambling games authorized under | ||||||
5 | this Act at the rate of
20%.
| ||||||
6 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
7 | tax is
imposed on persons engaged in the business of conducting | ||||||
8 | riverboat gambling
operations, based on the adjusted gross | ||||||
9 | receipts received by a licensed owner
from gambling games | ||||||
10 | authorized under this Act at the following rates:
| ||||||
11 | 15% of annual adjusted gross receipts up to and | ||||||
12 | including $25,000,000;
| ||||||
13 | 20% of annual adjusted gross receipts in excess of | ||||||
14 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
15 | 25% of annual adjusted gross receipts in excess of | ||||||
16 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
17 | 30% of annual adjusted gross receipts in excess of | ||||||
18 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
19 | 35% of annual adjusted gross receipts in excess of | ||||||
20 | $100,000,000.
| ||||||
21 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
22 | is imposed on
persons engaged in the business of conducting | ||||||
23 | riverboat gambling operations,
other than licensed managers | ||||||
24 | conducting riverboat gambling operations on behalf
of the | ||||||
25 | State, based on the adjusted gross receipts received by a |
| |||||||
| |||||||
1 | licensed
owner from gambling games authorized under this Act at | ||||||
2 | the following rates:
| ||||||
3 | 15% of annual adjusted gross receipts up to and | ||||||
4 | including $25,000,000;
| ||||||
5 | 22.5% of annual adjusted gross receipts in excess of | ||||||
6 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
7 | 27.5% of annual adjusted gross receipts in excess of | ||||||
8 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
9 | 32.5% of annual adjusted gross receipts in excess of | ||||||
10 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
11 | 37.5% of annual adjusted gross receipts in excess of | ||||||
12 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
13 | 45% of annual adjusted gross receipts in excess of | ||||||
14 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
15 | 50% of annual adjusted gross receipts in excess of | ||||||
16 | $200,000,000.
| ||||||
17 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
18 | persons engaged
in the business of conducting riverboat | ||||||
19 | gambling operations, other than
licensed managers conducting | ||||||
20 | riverboat gambling operations on behalf of the
State, based on | ||||||
21 | the adjusted gross receipts received by a licensed owner from
| ||||||
22 | gambling games authorized under this Act at the following | ||||||
23 | rates:
| ||||||
24 | 15% of annual adjusted gross receipts up to and | ||||||
25 | including $25,000,000;
| ||||||
26 | 27.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
2 | 32.5% of annual adjusted gross receipts in excess of | ||||||
3 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
4 | 37.5% of annual adjusted gross receipts in excess of | ||||||
5 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
6 | 45% of annual adjusted gross receipts in excess of | ||||||
7 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
8 | 50% of annual adjusted gross receipts in excess of | ||||||
9 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
10 | 70% of annual adjusted gross receipts in excess of | ||||||
11 | $250,000,000.
| ||||||
12 | An amount equal to the amount of wagering taxes collected | ||||||
13 | under this
subsection (a-3) that are in addition to the amount | ||||||
14 | of wagering taxes that
would have been collected if the | ||||||
15 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
16 | be paid into the Common School Fund.
| ||||||
17 | The privilege tax imposed under this subsection (a-3) shall | ||||||
18 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
19 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
20 | gambling operations are conducted
pursuant to a dormant | ||||||
21 | license; or (iii) the first day that riverboat gambling
| ||||||
22 | operations are conducted under the authority of an owners | ||||||
23 | license that is in
addition to the 10 owners licenses initially | ||||||
24 | authorized under this Act.
For the purposes of this subsection | ||||||
25 | (a-3), the term "dormant license"
means an owners license that | ||||||
26 | is authorized by this Act under which no
riverboat gambling |
| |||||||
| |||||||
1 | operations are being conducted on June 20, 2003.
| ||||||
2 | (a-4) Beginning on the first day on which the tax imposed | ||||||
3 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
4 | imposed on persons
engaged in the business of conducting | ||||||
5 | riverboat gambling operations, other
than licensed managers | ||||||
6 | conducting riverboat gambling operations on behalf of
the | ||||||
7 | State, based on the adjusted gross receipts received by a | ||||||
8 | licensed owner
from gambling games authorized under this Act at | ||||||
9 | the following rates:
| ||||||
10 | 15% of annual adjusted gross receipts up to and | ||||||
11 | including $25,000,000;
| ||||||
12 | 22.5% of annual adjusted gross receipts in excess of | ||||||
13 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
14 | 27.5% of annual adjusted gross receipts in excess of | ||||||
15 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
16 | 32.5% of annual adjusted gross receipts in excess of | ||||||
17 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
18 | 37.5% of annual adjusted gross receipts in excess of | ||||||
19 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
20 | 45% of annual adjusted gross receipts in excess of | ||||||
21 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
22 | 50% of annual adjusted gross receipts in excess of | ||||||
23 | $200,000,000.
| ||||||
24 | (a-8) Riverboat gambling operations conducted by a | ||||||
25 | licensed manager on
behalf of the State are not subject to the | ||||||
26 | tax imposed under this Section.
|
| |||||||
| |||||||
1 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
2 | the licensed
owner to the Board not later than 5:00 o'clock | ||||||
3 | p.m. of the day after the day
when the wagers were made.
| ||||||
4 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
5 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
6 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
7 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
8 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
9 | the payment of all amounts otherwise due under this Section, | ||||||
10 | pay to the Board a reconciliation payment in the amount, if | ||||||
11 | any, by which the licensed owner's base amount exceeds the | ||||||
12 | amount of net privilege tax paid by the licensed owner to the | ||||||
13 | Board in the then current State fiscal year. A licensed owner's | ||||||
14 | net privilege tax obligation due for the balance of the State | ||||||
15 | fiscal year shall be reduced up to the total of the amount paid | ||||||
16 | by the licensed owner in its June 15 reconciliation payment. | ||||||
17 | The obligation imposed by this subsection (a-15) is binding on | ||||||
18 | any person, firm, corporation, or other entity that acquires an | ||||||
19 | ownership interest in any such owners license. The obligation | ||||||
20 | imposed under this subsection (a-15) terminates on the earliest | ||||||
21 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
22 | date of this amendatory Act of the 94th General Assembly that | ||||||
23 | riverboat gambling operations are conducted pursuant to a | ||||||
24 | dormant license, (iii) the first day that riverboat gambling | ||||||
25 | operations are conducted under the authority of an owners | ||||||
26 | license that is in addition to the 10 owners licenses initially |
| |||||||
| |||||||
1 | authorized under this Act, or (iv) the first day that a | ||||||
2 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
3 | gaming operations with slot machines or other electronic gaming | ||||||
4 | devices. The Board must reduce the obligation imposed under | ||||||
5 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
6 | for any of the following reasons: (A) an act or acts of God, | ||||||
7 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
8 | terrorism threat that was investigated by a law enforcement | ||||||
9 | agency, or (C) a condition beyond the control of the owners | ||||||
10 | licensee that does not result from any act or omission by the | ||||||
11 | owners licensee or any of its agents and that poses a hazardous | ||||||
12 | threat to the health and safety of patrons. If an owners | ||||||
13 | licensee pays an amount in excess of its liability under this | ||||||
14 | Section, the Board shall apply the overpayment to future | ||||||
15 | payments required under this Section. | ||||||
16 | For purposes of this subsection (a-15): | ||||||
17 | "Act of God" means an incident caused by the operation of | ||||||
18 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
19 | avoided by the exercise of due care, and for which no person | ||||||
20 | can be held liable.
| ||||||
21 | "Base amount" means the following: | ||||||
22 | For a riverboat in Alton, $31,000,000.
| ||||||
23 | For a riverboat in East Peoria, $43,000,000.
| ||||||
24 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
25 | For a riverboat in Metropolis, $45,000,000.
| ||||||
26 | For the Harrah's riverboat in Joliet, $114,000,000.
|
| |||||||
| |||||||
1 | For a riverboat in Aurora, $86,000,000.
| ||||||
2 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
3 | For a riverboat in Elgin, $198,000,000.
| ||||||
4 | "Dormant license" has the meaning ascribed to it in | ||||||
5 | subsection (a-3).
| ||||||
6 | "Net privilege tax" means all privilege taxes paid by a | ||||||
7 | licensed owner to the Board under this Section, less all | ||||||
8 | payments made from the State Gaming Fund pursuant to subsection | ||||||
9 | (b) of this Section. | ||||||
10 | The changes made to this subsection (a-15) by Public Act | ||||||
11 | 94-839 are intended to restate and clarify the intent of Public | ||||||
12 | Act 94-673 with respect to the amount of the payments required | ||||||
13 | to be made under this subsection by an owners licensee to the | ||||||
14 | Board.
| ||||||
15 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
16 | in the State
Gaming Fund under this Section shall be paid, | ||||||
17 | subject to appropriation by the
General Assembly, to the unit | ||||||
18 | of local government which is designated as the
home dock of the | ||||||
19 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
20 | deposited in the State Gaming Fund under this Section, an | ||||||
21 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
22 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
23 | the General Assembly, to the unit of local government that
is | ||||||
24 | designated as the home dock of the riverboat. From the tax | ||||||
25 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
26 | riverboat gambling operations
conducted by a licensed manager |
| |||||||
| |||||||
1 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
2 | receipts generated pursuant to those riverboat gambling
| ||||||
3 | operations shall be paid monthly,
subject to appropriation by | ||||||
4 | the General Assembly, to the unit of local
government that is | ||||||
5 | designated as the home dock of the riverboat upon which
those | ||||||
6 | riverboat gambling operations are conducted.
| ||||||
7 | (c) Appropriations, as approved by the General Assembly, | ||||||
8 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
9 | administration and enforcement of this Act and the Video Gaming | ||||||
10 | Act, (ii) for distribution to the Department of State Police | ||||||
11 | and to the Department of Revenue for the enforcement of this | ||||||
12 | Act, and (iii) to the
Department of Human Services for the | ||||||
13 | administration of programs to treat
problem gambling.
| ||||||
14 | (c-5) (Blank). Before May 26, 2006 (the effective date of | ||||||
15 | Public Act 94-804) and beginning on the effective date of this | ||||||
16 | amendatory Act of the 95th General Assembly, unless any | ||||||
17 | organization licensee under the Illinois Horse Racing Act of | ||||||
18 | 1975 begins to operate a slot machine or video game of chance | ||||||
19 | under the Illinois Horse Racing Act of 1975 or this Act, after | ||||||
20 | the payments required under subsections (b) and (c) have been
| ||||||
21 | made, an amount equal to 15% of the adjusted gross receipts of | ||||||
22 | (1) an owners
licensee that relocates pursuant to Section 11.2,
| ||||||
23 | (2) an owners licensee
conducting riverboat gambling | ||||||
24 | operations
pursuant to an
owners license that is initially | ||||||
25 | issued after June
25, 1999,
or (3) the first
riverboat gambling | ||||||
26 | operations conducted by a licensed manager on behalf of the
|
| |||||||
| |||||||
1 | State under Section 7.3,
whichever comes first, shall be paid | ||||||
2 | from the State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
3 | (c-10) (Blank). Each year the General Assembly shall | ||||||
4 | appropriate from the General
Revenue Fund to the Education | ||||||
5 | Assistance Fund an amount equal to the amount
paid into the | ||||||
6 | Horse Racing Equity Fund pursuant to subsection (c-5) in the
| ||||||
7 | prior calendar year.
| ||||||
8 | (c-15) After the payments required under subsections (b) | ||||||
9 | and , (c) , and (c-5)
have been made, an amount equal to 2% of | ||||||
10 | the adjusted gross receipts of (1)
an owners licensee that | ||||||
11 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
12 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
13 | license that is initially issued after June 25, 1999,
or (3) | ||||||
14 | the first
riverboat gambling operations conducted by a licensed | ||||||
15 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
16 | comes first, shall be paid, subject to appropriation
from the | ||||||
17 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
18 | county with a population of over 3,000,000 inhabitants for the | ||||||
19 | purpose of
enhancing the county's criminal justice system.
| ||||||
20 | (c-20) Each year the General Assembly shall appropriate | ||||||
21 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
22 | an amount equal to the amount
paid to each home rule county | ||||||
23 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
24 | subsection (c-15) in the prior calendar year.
| ||||||
25 | (c-25) On July 1, 2013 and each July 1 thereafter, | ||||||
26 | $1,600,000 shall be transferred from the State Gaming Fund to |
| |||||||
| |||||||
1 | the Chicago State University Education Improvement Fund.
| ||||||
2 | (c-30) On July 1, 2013 or as soon as possible thereafter, | ||||||
3 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
4 | the School Infrastructure Fund and $23,000,000 shall be | ||||||
5 | transferred from the State Gaming Fund to the Horse Racing | ||||||
6 | Equity Fund. | ||||||
7 | (c-35) Beginning on July 1, 2013, in addition to any amount | ||||||
8 | transferred under subsection (c-30) of this Section, | ||||||
9 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
10 | Fund to the School Infrastructure Fund. | ||||||
11 | (d) From time to time, the
Board shall transfer the | ||||||
12 | remainder of the funds
generated by this Act into the Education
| ||||||
13 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
14 | Illinois.
| ||||||
15 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
16 | government
designated as the home dock of the riverboat from | ||||||
17 | entering into agreements
with other units of local government | ||||||
18 | in this State or in other states to
share its portion of the | ||||||
19 | tax revenue.
| ||||||
20 | (f) To the extent practicable, the Board shall administer | ||||||
21 | and collect the
wagering taxes imposed by this Section in a | ||||||
22 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
23 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
24 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
25 | Penalty and Interest Act.
| ||||||
26 | (Source: P.A. 98-18, eff. 6-7-13.)
|
| |||||||
| |||||||
1 | Section 10. The Video Gaming
Act is amended by changing | ||||||
2 | Sections 25, 27, 45, and 80 as follows:
| ||||||
3 | (230 ILCS 40/25)
| ||||||
4 | Sec. 25. Restriction of licensees.
| ||||||
5 | (a) Manufacturer. A person may not be licensed as a | ||||||
6 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
7 | person has a valid
manufacturer's license issued
under this | ||||||
8 | Act. A manufacturer may only sell video gaming terminals for | ||||||
9 | use
in Illinois to
persons having a valid distributor's | ||||||
10 | license.
| ||||||
11 | (b) Distributor. A person may not sell, distribute, or | ||||||
12 | lease
or market a video gaming terminal in Illinois unless the | ||||||
13 | person has a valid
distributor's
license issued under this Act. | ||||||
14 | A distributor may only sell video gaming
terminals for use in
| ||||||
15 | Illinois to persons having a valid distributor's or terminal | ||||||
16 | operator's
license.
| ||||||
17 | (c) Terminal operator. A person may not own, maintain, or | ||||||
18 | place a video gaming terminal unless he has a valid terminal | ||||||
19 | operator's
license issued
under this Act. A terminal operator | ||||||
20 | may only place video gaming terminals for
use in
Illinois in | ||||||
21 | licensed establishments, licensed truck stop establishments, | ||||||
22 | licensed fraternal establishments,
and
licensed veterans | ||||||
23 | establishments.
No terminal operator may give anything of | ||||||
24 | value, including but not limited to
a loan or financing |
| |||||||
| |||||||
1 | arrangement, to a licensed establishment, licensed truck stop | ||||||
2 | establishment,
licensed fraternal establishment, or licensed | ||||||
3 | veterans establishment as
any incentive or inducement to locate | ||||||
4 | video terminals in that establishment.
Of the after-tax profits
| ||||||
5 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
6 | operator and 50% shall be paid to the licensed establishment, | ||||||
7 | licensed truck stop establishment,
licensed fraternal | ||||||
8 | establishment, or
licensed veterans establishment, | ||||||
9 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
10 | operator that violates one or more requirements of this | ||||||
11 | subsection is guilty of a Class 4 felony and is subject to | ||||||
12 | termination of his or her license by the Board.
| ||||||
13 | (d) Licensed technician. A person may not service, | ||||||
14 | maintain, or repair a
video gaming terminal
in this State | ||||||
15 | unless he or she (1) has a valid technician's license issued
| ||||||
16 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
17 | by a terminal
operator, distributor, or manufacturer.
| ||||||
18 | (d-5) Licensed terminal handler. No person, including, but | ||||||
19 | not limited to, an employee or independent contractor working | ||||||
20 | for a manufacturer, distributor, supplier, technician, or | ||||||
21 | terminal operator licensed pursuant to this Act, shall have | ||||||
22 | possession or control of a video gaming terminal, or access to | ||||||
23 | the inner workings of a video gaming terminal, unless that | ||||||
24 | person possesses a valid terminal handler's license issued | ||||||
25 | under this Act. | ||||||
26 | (e) Licensed establishment. No video gaming terminal may be |
| |||||||
| |||||||
1 | placed in any licensed establishment, licensed veterans | ||||||
2 | establishment, licensed truck stop establishment,
or licensed | ||||||
3 | fraternal establishment
unless the owner
or agent of the owner | ||||||
4 | of the licensed establishment, licensed veterans | ||||||
5 | establishment, licensed truck stop establishment, or licensed
| ||||||
6 | fraternal establishment has entered into a
written use | ||||||
7 | agreement with the terminal operator for placement of the
| ||||||
8 | terminals. A copy of the use agreement shall be on file in the | ||||||
9 | terminal
operator's place of business and available for | ||||||
10 | inspection by individuals
authorized by the Board. A licensed | ||||||
11 | establishment, licensed truck stop establishment, licensed | ||||||
12 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
13 | may operate up to 5 video gaming terminals on its premises at | ||||||
14 | any
time.
| ||||||
15 | (f) (Blank).
| ||||||
16 | (g) Financial interest restrictions.
As used in this Act, | ||||||
17 | "substantial interest" in a partnership, a corporation, an
| ||||||
18 | organization, an association, a business, or a limited | ||||||
19 | liability company means:
| ||||||
20 | (A) When, with respect to a sole proprietorship, an | ||||||
21 | individual or
his or her spouse owns, operates, manages, or | ||||||
22 | conducts, directly
or indirectly, the organization, | ||||||
23 | association, or business, or any part thereof;
or
| ||||||
24 | (B) When, with respect to a partnership, the individual | ||||||
25 | or his or
her spouse shares in any of the profits, or | ||||||
26 | potential profits,
of the partnership activities; or
|
| |||||||
| |||||||
1 | (C) When, with respect to a corporation, an individual | ||||||
2 | or his or her
spouse is an officer or director, or the | ||||||
3 | individual or his or her spouse is a holder, directly or | ||||||
4 | beneficially, of 5% or more of any class
of stock of the | ||||||
5 | corporation; or
| ||||||
6 | (D) When, with respect to an organization not covered | ||||||
7 | in (A), (B) or
(C) above, an individual or his or her | ||||||
8 | spouse is an officer or manages the
business affairs, or | ||||||
9 | the individual or his or her spouse is the
owner of or | ||||||
10 | otherwise controls 10% or more of the assets of the | ||||||
11 | organization;
or
| ||||||
12 | (E) When an individual or his or her spouse furnishes
| ||||||
13 | 5% or more of the capital, whether in cash, goods, or | ||||||
14 | services, for the
operation of any business, association, | ||||||
15 | or organization during any calendar
year; or | ||||||
16 | (F) When, with respect to a limited liability company, | ||||||
17 | an individual or his or her
spouse is a member, or the | ||||||
18 | individual or his or her spouse is a holder, directly or | ||||||
19 | beneficially, of 5% or more of the membership interest of | ||||||
20 | the limited liability company.
| ||||||
21 | For purposes of this subsection (g), "individual" includes | ||||||
22 | all individuals or their spouses whose combined interest would | ||||||
23 | qualify as a substantial interest under this subsection (g) and | ||||||
24 | whose activities with respect to an organization, association, | ||||||
25 | or business are so closely aligned or coordinated as to | ||||||
26 | constitute the activities of a single entity. |
| |||||||
| |||||||
1 | (h) Location restriction. A licensed establishment, | ||||||
2 | licensed truck stop establishment, licensed
fraternal
| ||||||
3 | establishment, or licensed veterans establishment that is (i) | ||||||
4 | located within 1,000
feet of a facility operated by an | ||||||
5 | organization licensee licensed under the Illinois Horse Racing | ||||||
6 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
7 | Riverboat
Gambling Act or (ii) located within 100 feet of a | ||||||
8 | school or a place of worship under the Religious Corporation | ||||||
9 | Act, is ineligible to operate a video gaming terminal. The | ||||||
10 | location restrictions in this subsection (h) do not apply if | ||||||
11 | (A) a facility operated by an organization licensee, a school, | ||||||
12 | or a place of worship moves to or is established within the | ||||||
13 | restricted area after a licensed establishment, licensed truck | ||||||
14 | stop establishment, licensed fraternal establishment, or | ||||||
15 | licensed veterans establishment becomes licensed under this | ||||||
16 | Act or (B) a school or place of worship moves to or is | ||||||
17 | established within the restricted area after a licensed | ||||||
18 | establishment, licensed truck stop establishment, licensed | ||||||
19 | fraternal establishment, or licensed veterans establishment | ||||||
20 | obtains its original liquor license. For the purpose of this | ||||||
21 | subsection, "school" means an elementary or secondary public | ||||||
22 | school, or an elementary or secondary private school registered | ||||||
23 | with or recognized by the State Board of Education. | ||||||
24 | Notwithstanding the provisions of this subsection (h), the | ||||||
25 | Board may waive the requirement that a licensed establishment, | ||||||
26 | licensed truck stop establishment, licensed fraternal |
| |||||||
| |||||||
1 | establishment, or licensed veterans establishment not be | ||||||
2 | located within 1,000 feet from a facility operated by an | ||||||
3 | organization licensee licensed under the Illinois Horse Racing | ||||||
4 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
5 | Riverboat Gambling Act. The Board shall not grant such waiver | ||||||
6 | if there is any common ownership or control, shared business | ||||||
7 | activity, or contractual arrangement of any type between the | ||||||
8 | establishment and the organization licensee or owners licensee | ||||||
9 | of a riverboat. The Board shall adopt rules to implement the | ||||||
10 | provisions of this paragraph. | ||||||
11 | (h-5) Restrictions on licenses in malls. The Board shall | ||||||
12 | not grant an application to become a licensed video gaming | ||||||
13 | location if the Board determines that granting the application | ||||||
14 | would more likely than not cause a terminal operator, | ||||||
15 | individually or in combination with other terminal operators, | ||||||
16 | licensed video gaming location, or other person or entity, to | ||||||
17 | operate the video gaming terminals in 2 or more licensed video | ||||||
18 | gaming locations as a single video gaming operation. | ||||||
19 | (1) In making determinations under this subsection | ||||||
20 | (h-5), factors to be considered by the Board shall include, | ||||||
21 | but not be limited to, the following: | ||||||
22 | (A) the physical aspects of the location; | ||||||
23 | (B) the ownership, control, or management of the | ||||||
24 | location; | ||||||
25 | (C) any arrangements, understandings, or | ||||||
26 | agreements, written or otherwise, among or involving |
| |||||||
| |||||||
1 | any persons or entities that involve the conducting of | ||||||
2 | any video gaming business or the sharing of costs or | ||||||
3 | revenues; and | ||||||
4 | (D) the manner in which any terminal operator or | ||||||
5 | other related entity markets, advertises, or otherwise | ||||||
6 | describes any location or locations to any other person | ||||||
7 | or entity or to the public. | ||||||
8 | (2) The Board shall presume, subject to rebuttal, that | ||||||
9 | the granting of an application to become a licensed video | ||||||
10 | gaming location within a mall will cause a terminal | ||||||
11 | operator, individually or in combination with other | ||||||
12 | persons or entities, to operate the video gaming terminals | ||||||
13 | in 2 or more licensed video gaming locations as a single | ||||||
14 | video gaming operation if the Board determines that | ||||||
15 | granting the license would create a local concentration of | ||||||
16 | licensed video gaming locations. | ||||||
17 | For the purposes of this subsection (h-5): | ||||||
18 | "Mall" means a building, or adjoining or connected | ||||||
19 | buildings, containing 4 or more separate locations. | ||||||
20 | "Video gaming operation" means the conducting of video | ||||||
21 | gaming and all related activities. | ||||||
22 | "Location" means a space within a mall containing a | ||||||
23 | separate business, a place for a separate business, or a place | ||||||
24 | subject to a separate leasing arrangement by the mall owner. | ||||||
25 | "Licensed video gaming location" means a licensed | ||||||
26 | establishment, licensed fraternal establishment, licensed |
| |||||||
| |||||||
1 | veterans establishment, or licensed truck stop. | ||||||
2 | "Local concentration of licensed video gaming locations" | ||||||
3 | means that the combined number of licensed video gaming | ||||||
4 | locations within a mall exceed half of the separate locations | ||||||
5 | within the mall. | ||||||
6 | (i) Undue economic concentration. In addition to | ||||||
7 | considering all other requirements under this Act, in deciding | ||||||
8 | whether to approve the operation of video gaming terminals by a | ||||||
9 | terminal operator in a location, the Board shall consider the | ||||||
10 | impact of any economic concentration of such operation of video | ||||||
11 | gaming terminals. The Board shall not allow a terminal operator | ||||||
12 | to operate video gaming terminals if the Board determines such | ||||||
13 | operation will result in undue economic concentration. For | ||||||
14 | purposes of this Section, "undue economic concentration" means | ||||||
15 | that a terminal operator would have such actual or potential | ||||||
16 | influence over video gaming terminals in Illinois as to: | ||||||
17 | (1) substantially impede or suppress competition among | ||||||
18 | terminal operators; | ||||||
19 | (2) adversely impact the economic stability of the | ||||||
20 | video gaming industry in Illinois; or | ||||||
21 | (3) negatively impact the purposes of the Video Gaming | ||||||
22 | Act. | ||||||
23 | The Board shall adopt rules concerning undue economic | ||||||
24 | concentration with respect to the operation of video gaming | ||||||
25 | terminals in Illinois. The rules shall include, but not be | ||||||
26 | limited to, (i) limitations on the number of video gaming |
| |||||||
| |||||||
1 | terminals operated by any terminal operator within a defined | ||||||
2 | geographic radius and (ii) guidelines on the discontinuation of | ||||||
3 | operation of any such video gaming terminals the Board | ||||||
4 | determines will cause undue economic concentration.
| ||||||
5 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
6 | and equally applicable to the activities of any licensee under | ||||||
7 | this Act.
| ||||||
8 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | ||||||
9 | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
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10 | (230 ILCS 40/27)
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11 | Sec. 27. Prohibition or limitation of video gaming by | ||||||
12 | political subdivision. | ||||||
13 | (a) A
municipality may
pass an ordinance prohibiting video | ||||||
14 | gaming within the corporate limits of the
municipality.
A | ||||||
15 | county board may, for the unincorporated area of the county, | ||||||
16 | pass an
ordinance prohibiting video gaming within the | ||||||
17 | unincorporated area of the
county.
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18 | (b) A home rule municipality, or a home rule county with | ||||||
19 | respect to unincorporated portions of the county, may impose | ||||||
20 | separate requirements on video gaming that provide sources of | ||||||
21 | municipal or county revenue or impose limitations on video | ||||||
22 | gaming more restrictive than those provided under this Act. | ||||||
23 | These requirements may include the following: | ||||||
24 | (1) license fees; | ||||||
25 | (2) occupation taxes; |
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1 | (3) licensing requirements; | ||||||
2 | (4) limitations on hours of video gaming terminal play | ||||||
3 | more restrictive than those provided under the liquor | ||||||
4 | license of a licensed establishment, licensed veterans | ||||||
5 | organization, or licensed fraternal organization; | ||||||
6 | (5) limitations on the numbers of video gaming | ||||||
7 | terminals within a licensed establishment, licensed | ||||||
8 | veterans organization, licensed fraternal organization, or | ||||||
9 | licensed truck stop; | ||||||
10 | (6) limitations on the total number of licensed | ||||||
11 | establishments, licensed veterans organizations, licensed | ||||||
12 | fraternal organizations, or licensed truck stops allowed | ||||||
13 | within the municipality or county, or a specific portion of | ||||||
14 | the municipality or county; | ||||||
15 | (7) limitations on hours of video gaming play; | ||||||
16 | (8) zoning to limit the areas within a municipality or | ||||||
17 | county where video gaming is permitted; or | ||||||
18 | (9) other requirements intended to promote safety, | ||||||
19 | morals, health, or welfare within the municipality or | ||||||
20 | county. | ||||||
21 | (Source: P.A. 96-34, eff. 7-13-09.)
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22 | (230 ILCS 40/45)
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23 | Sec. 45. Issuance of license.
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24 | (a) The burden is upon each applicant to
demonstrate his | ||||||
25 | suitability for licensure. Each video gaming terminal
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| |||||||
1 | manufacturer, distributor, supplier, operator, handler, | ||||||
2 | licensed establishment, licensed truck stop establishment, | ||||||
3 | licensed
fraternal
establishment, and licensed veterans | ||||||
4 | establishment shall be
licensed by the Board.
The Board may | ||||||
5 | issue or deny a license under this Act to any person pursuant | ||||||
6 | to the same criteria set forth in Section 9 of the Riverboat | ||||||
7 | Gambling Act.
| ||||||
8 | (a-5) The Board shall not grant a license to a person who | ||||||
9 | has facilitated, enabled, or participated in the use of | ||||||
10 | coin-operated devices for gambling purposes or who is under the | ||||||
11 | significant influence or control of such a person. For the | ||||||
12 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
13 | the use of coin-operated amusement devices for gambling | ||||||
14 | purposes" means that the person has been convicted of any | ||||||
15 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012. If there is pending legal action against | ||||||
17 | a person for any such violation, then the Board shall delay the | ||||||
18 | licensure of that person until the legal action is resolved. | ||||||
19 | (b) Each person seeking and possessing a license as a video | ||||||
20 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
21 | handler, licensed establishment, licensed truck stop | ||||||
22 | establishment, licensed fraternal establishment, or licensed | ||||||
23 | veterans establishment shall submit to a background | ||||||
24 | investigation conducted by the Board with the assistance of the | ||||||
25 | State Police or other law enforcement. To the extent that the | ||||||
26 | corporate structure of the applicant allows, the background |
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| |||||||
1 | investigation shall include any or all of the following as the | ||||||
2 | Board deems appropriate or as provided by rule for each | ||||||
3 | category of licensure: (i) each beneficiary of a trust, (ii) | ||||||
4 | each partner of a partnership, (iii) each member of a limited | ||||||
5 | liability company, (iv) each director and officer of a publicly | ||||||
6 | or non-publicly held corporation, (v) each stockholder of a | ||||||
7 | non-publicly held corporation, (vi) each stockholder of 5% or | ||||||
8 | more of a publicly held corporation, or (vii) each stockholder | ||||||
9 | of 5% or more in a parent or subsidiary corporation. | ||||||
10 | (c) Each person seeking and possessing a license as a video | ||||||
11 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
12 | handler, licensed establishment, licensed truck stop | ||||||
13 | establishment, licensed fraternal establishment, or licensed | ||||||
14 | veterans establishment shall disclose the identity of every | ||||||
15 | person, association, trust, corporation, or limited liability | ||||||
16 | company having a greater than 1% direct or indirect pecuniary | ||||||
17 | interest in the video gaming terminal operation for which the | ||||||
18 | license is sought. If the disclosed entity is a trust, the | ||||||
19 | application shall disclose the names and addresses of the | ||||||
20 | beneficiaries; if a corporation, the names and addresses of all | ||||||
21 | stockholders and directors; if a limited liability company, the | ||||||
22 | names and addresses of all members; or if a partnership, the | ||||||
23 | names and addresses of all partners, both general and limited. | ||||||
24 | (d) No person may be licensed as a video gaming terminal | ||||||
25 | manufacturer, distributor, supplier, operator, handler, | ||||||
26 | licensed establishment, licensed truck stop establishment, |
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| |||||||
1 | licensed fraternal establishment, or licensed veterans | ||||||
2 | establishment if that person has been found by the Board to: | ||||||
3 | (1) have a background, including a criminal record, | ||||||
4 | reputation, habits, social or business associations, or | ||||||
5 | prior activities that pose a threat to the public interests | ||||||
6 | of the State or to the security and integrity of video | ||||||
7 | gaming; | ||||||
8 | (2) create or enhance the dangers of unsuitable, | ||||||
9 | unfair, or illegal practices, methods, and activities in | ||||||
10 | the conduct of video gaming; or | ||||||
11 | (3) present questionable business practices and | ||||||
12 | financial arrangements incidental to the conduct of video | ||||||
13 | gaming activities. | ||||||
14 | (e) Any applicant for any license under this Act has the | ||||||
15 | burden of proving his or her qualifications to the satisfaction | ||||||
16 | of the Board. The Board may adopt rules to establish additional | ||||||
17 | qualifications and requirements to preserve the integrity and | ||||||
18 | security of video gaming in this State. | ||||||
19 | (f) A non-refundable application fee shall be paid at the | ||||||
20 | time an
application for a license is filed with the Board in | ||||||
21 | the following amounts:
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22 | (1) Manufacturer ..........................$5,000
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23 | (2) Distributor ...........................$5,000
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24 | (3) Terminal operator .....................$5,000
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25 | (4) Supplier ..............................$2,500
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26 | (5) Technician ..............................$100
|
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1 | (6) Terminal Handler .....................$100 $50
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2 | (7) Licensed establishment, licensed truck stop
| ||||||
3 | establishment, licensed fraternal establishment,
| ||||||
4 | or licensed veterans establishment ...................$100 | ||||||
5 | (g) The Board shall establish an
annual fee for each | ||||||
6 | license not to exceed the following: | ||||||
7 | (1) Manufacturer .........................$10,000
| ||||||
8 | (2) Distributor ..........................$10,000
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9 | (3) Terminal operator .....................$5,000
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10 | (4) Supplier ..............................$2,000
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11 | (5) Technician ..............................$100
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12 | (6) Licensed establishment, licensed truck stop
| ||||||
13 | establishment, licensed fraternal establishment,
| ||||||
14 | or licensed veterans establishment ..............$100
| ||||||
15 | (7) Video gaming terminal ...................$100
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16 | (8) Terminal Handler .........................$100 $50
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17 | (h) A terminal operator and a licensed establishment, | ||||||
18 | licensed truck stop establishment, licensed fraternal | ||||||
19 | establishment,
or licensed veterans establishment shall | ||||||
20 | equally split the fees specified in item (7) of subsection (g). | ||||||
21 | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | ||||||
22 | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
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23 | (230 ILCS 40/80)
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24 | Sec. 80. Applicability of Illinois Riverboat Gambling Act. | ||||||
25 | The provisions of the Illinois Riverboat Gambling Act, and all |
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1 | rules promulgated thereunder, shall apply to the Video Gaming | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Act, except where there is a conflict between the 2 Acts. All | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | current supplier licensees under the Riverboat Gambling Act | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | shall be entitled to licensure under the Video Gaming Act as | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | manufacturers, distributors, or suppliers without additional | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Board investigation or approval, except by vote of the Board; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | however, they are required to pay application and annual fees | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | under this Act. All provisions of the Uniform Penalty and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Interest Act shall apply, as far as practicable, to the subject | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | matter of this Act to the same extent as if such provisions | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | were included herein.
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12 | (Source: P.A. 96-37, eff. 7-13-09.)
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