(230 ILCS 25/1.1) Sec. 1.1. Definitions. For purposes of this Act, the following definitions apply: "Bingo" means a game in which each player has a card or board for which a consideration has been paid, containing 5 horizontal rows of spaces, with each row except the central one containing 5 figures. The central row has 4 figures with the word "free" marked in the center space. "Bingo" includes games that otherwise qualify under this paragraph, except for the use of cards where the figures are not preprinted but are filled in by the players. A player wins a game of bingo by completing a preannounced combination of spaces or, in the absence of a preannouncement of a combination of spaces, any combination of 5 spaces in a row, vertically, horizontally, or diagonally. "Bingo equipment" means any equipment or machinery designed or used for the play of bingo. "Bingo equipment" does not include electronic equipment. "Charitable organization" means an organization or institution organized and operated to benefit an indefinite number of the public. "Department" means the Department of Revenue. "Educational organization" means an organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax-supported schools. "Fraternal organization" means an organization of persons having a common interest that is organized and operated exclusively to promote the welfare of its members and to benefit the general public on a continuing and consistent basis, including but not limited to ethnic organizations. "Holiday" means any of the holidays listed in Section 17 of the Promissory Note and Bank Holiday Act. "Labor organization" means an organization composed of labor unions or workers organized with the objectives of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations. "Licensed organization" means a qualified organization that has obtained a license to conduct bingo in conformance with the provisions of this Act. "Limited license" means a license issued to an organization that is not a licensed organization, but that is otherwise eligible for a regular license to conduct bingo. A limited license authorizes the conduct of bingo at up to 2 indoor or outdoor festivals during the calendar year for which the license is issued for a maximum of 5 consecutive days on each occasion. "Non-profit organization" means an organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation. "Organization" means a corporation, agency, partnership, association, firm, business or other entity consisting of 2 or more persons joined by a common interest or purpose. "Person" means any natural individual, corporation, partnership, limited liability company, organization (as defined in this Section), licensee under this Act, or volunteer. "Provider" means any person or organization, except a city, village, or incorporated town that owns or leases premises to an organization for the conduct of bingo. "Regular license" means a license authorizing its holder to conduct one session of bingo per week on the date and at the time and location stated on the license. "Religious organization" means any church, congregation, society, or organization founded for the purpose of religious worship. "Senior citizens organization" means an organization or association comprised of members of which substantially all are individuals who are senior citizens, as defined in the Illinois Act on the Aging, the primary purpose of which is to promote the welfare of its members. "Special games" means bingo games that may be designated as such, played a maximum of 5 times during a bingo session and are distinguished from regular games only by the maximum price that may be charged for the bingo cards used. "Special permit" means the ability of a licensee who currently holds a license to be granted a permit to conduct bingo on other days not exceeding 5 consecutive days. "Supplier" means any person, firm, or corporation that sells, leases, or distributes to any organization licensed to conduct bingo or to any licensed bingo supplier, cards, boards, sheets, markers, pads and any other supplies, devices and equipment designed for use in the play of bingo. "Veterans' organization" means an organization comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit. "Volunteer" means a person recruited by an organization who voluntarily performs services at a bingo event, including participation in the management or operation of a game. "Youth athletic organization" means an organization having as its exclusive purpose the promotion and provision of athletic activities for youth aged 18 and under.
(Source: P.A. 99-177, eff. 7-29-15.) |
(230 ILCS 25/1.2) Sec. 1.2. Ineligibility for licensure. The following are ineligible for any license under this Act: (1) Any person convicted of any felony within the |
| last 5 years where such conviction will impair the person's ability to engage in the position for which a license is sought.
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(2) Any person convicted of a violation of Article 28
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| of the Criminal Code of 1961 or the Criminal Code of 2012 who has not been sufficiently rehabilitated following the conviction.
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(3) Any person who has had a bingo, pull tabs and jar
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| games, or charitable games license revoked by the Department.
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(4) Any person who is or has been a professional
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(5) Any person found gambling in a manner not
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| authorized by the Illinois Pull Tabs and Jar Games Act, Bingo License and Tax Act, or the Charitable Games Act, participating in such gambling, or knowingly permitting such gambling on premises where a bingo event is authorized to be conducted or has been conducted.
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(6) Any organization in which a person defined in
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| (1), (2), (3), (4), or (5) has a proprietary, equitable, or credit interest, or in which such person is active or employed.
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(7) Any organization in which a person defined in
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| (1), (2), (3), (4), or (5) is an officer, director, or employee, whether compensated or not.
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(8) Any organization in which a person defined in
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| (1), (2), (3), (4), or (5) is to participate in the management or operation of a bingo game.
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The Illinois State Police shall provide the criminal background of any person requested by the Department of Revenue.
(Source: P.A. 102-538, eff. 8-20-21.)
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(230 ILCS 25/1.2a) Sec. 1.2a. Applicant convictions. (a) The Department, upon a finding that an applicant for a license was convicted of a felony within the previous 5 years or of a violation of Article 28 of the Criminal Code of 1961 or Criminal Code of 2012, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the applicant is sufficiently rehabilitated or whether the conviction will impair the ability of the applicant to engage in the position for which a license is sought: (1) the lack of direct relation of the offense for |
| which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
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(2) the amount of time that has elapsed since the
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(3) if the applicant was previously licensed or
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| employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
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(4) the age of the person at the time of the criminal
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(5) successful completion of sentence and, for
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| applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
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(6) evidence of the applicant's present fitness and
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(7) evidence of rehabilitation or rehabilitative
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| effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
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(8) any other mitigating factors that contribute to
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| the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
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(b) If the Department refuses to issue a license to an applicant, then the Department shall notify the applicant of the denial in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue
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(2) a list of the convictions that the Department
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| determined will impair the applicant's ability to engage in the position for which a license is sought;
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(3) a list of convictions that formed the sole or
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| partial basis for the refusal to issue a license; and
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(4) a summary of the appeal process or the earliest
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| the applicant may reapply for a license, whichever is applicable.
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(c) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(1) the number of applicants for a new or renewal
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| license under this Act within the previous calendar year;
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(2) the number of applicants for a new or renewal
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| license under this Act within the previous calendar year who had any criminal conviction;
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(3) the number of applicants for a new or renewal
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| license under this Act in the previous calendar year who were granted a license;
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(4) the number of applicants for a new or renewal
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| license with a criminal conviction who were granted a license under this Act within the previous calendar year;
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(5) the number of applicants for a new or renewal
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| license under this Act within the previous calendar year who were denied a license; and
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(6) the number of applicants for a new or renewal
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| license with a criminal conviction who were denied a license under this Act in the previous calendar year in whole or in part because of a prior conviction.
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(d) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure:
(1) Juvenile adjudications of delinquent minors as
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| defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the exclusions set forth in Section 5-130 of the Juvenile Court Act of 1987.
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(2) Law enforcement records, court records, and
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| conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
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(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
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(Source: P.A. 100-286, eff. 1-1-18 .)
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(230 ILCS 25/1.3)
Sec. 1.3. Restrictions on licensure. Licensing for the conducting of bingo is subject to the following restrictions: (1) The license application, when submitted to the |
| Department, must contain a sworn statement attesting to the not-for-profit character of the prospective licensee organization, signed by a person listed on the application as an owner, officer, or other person in charge of the necessary day-to-day operations of that organization.
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(2) The license application shall be prepared in
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| accordance with the rules of the Department.
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(3) The licensee shall prominently display the
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| license in the area where the licensee conducts bingo. The licensee shall likewise display, in the form and manner as prescribed by the Department, the provisions of Section 8 of this Act.
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(4) Each license shall state the day of the week,
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| hours and at which location the licensee is permitted to conduct bingo games.
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(5) A license is not assignable or transferable.
(6) A license authorizes the licensee to conduct the
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| game commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.
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(7) The Department may, on special application made
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| by any organization having a bingo license, issue a special permit for conducting bingo on other days not exceeding 5 consecutive days, except that a licensee may conduct bingo at the Illinois State Fair or any county fair held in Illinois during each day that the fair is held, without a fee. Bingo games conducted at the Illinois State Fair or a county fair shall not require a special permit. No more than 2 special permits may be issued in one year to any one organization.
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(8) Any organization qualified for a license but not
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| holding one may, upon application and payment of a nonrefundable fee of $50, receive a limited license to conduct bingo games at no more than 2 indoor or outdoor festivals in a year for a maximum of 5 consecutive days on each occasion. No more than 2 limited licenses under this item (7) may be issued to any organization in any year. A limited license must be prominently displayed at the site where the bingo games are conducted.
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(9) Senior citizens organizations and units of local
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| government may conduct bingo without a license or fee, subject to the following conditions:
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(A) bingo shall be conducted only (i) at a
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| facility that is owned by a unit of local government to which the corporate authorities have given their approval and that is used to provide social services or a meeting place to senior citizens, (ii) in common areas in multi-unit federally assisted rental housing maintained solely for elderly persons and persons with disabilities, or (iii) at a building owned by a church or veterans organization;
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(B) the price paid for a single card shall not
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(C) the aggregate retail value of all prizes or
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| merchandise awarded in any one game of bingo shall not exceed $10;
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(D) no person or organization shall participate
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| in the management or operation of bingo under this item (9) if the person or organization would be ineligible for a license under this Section; and
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(E) no license is required to provide premises
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| for bingo conducted under this item (9).
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(10) Bingo equipment shall not be used for any
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| purpose other than for the play of bingo.
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(Source: P.A. 99-143, eff. 7-27-15; 99-177, eff. 7-29-15; 99-642, eff. 7-28-16.)
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(230 ILCS 25/2) (from Ch. 120, par. 1102)
Sec. 2. The conducting of bingo is subject to the following restrictions:
(1) The entire net proceeds from bingo play must be |
| exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
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(2) (Blank).
(2.5) No person except a bona fide member or employee
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| of the sponsoring organization may participate in the management or operation of bingo.
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(3) No person may receive any remuneration or profit
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| for participating in the management or operation of the game, except that if an organization licensed under this Act is associated with a school or other educational institution, that school or institution may reduce tuition or fees for a designated pupil based on participation in the management or operation of the game by any member of the organization. The extent to which tuition and fees are reduced shall relate proportionately to the amount of time volunteered by the member, as determined by the school or other educational institution.
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(4) The aggregate retail value of all prizes or
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| merchandise awarded in any single day of bingo may not exceed $2,250, except that in adjoining counties having 200,000 to 275,000 inhabitants each, and in counties which are adjacent to either of such adjoining counties and are adjacent to a total of not more than 2 counties in this State, and in any municipality having 2,500 or more inhabitants and within one mile of such adjoining and adjacent counties having less than 25,000 inhabitants, 2 additional bingo games may be conducted after the $2,250 limit has been reached. The prize awarded for any one game, including any game conducted after reaching the $2,250 limit as authorized in this paragraph (4), may not exceed $500 cash or its equivalent.
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(5) The number of games, including regular and
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| special games, may not exceed 25 in any one day, except that this restriction on the number of games shall not apply to bingo conducted at the Illinois State Fair or any county fair held in Illinois.
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(6) The price paid for a single card under the
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| license may not exceed $1 and such card is valid for all regular games on that day of bingo. A maximum of 5 special games may be held on each bingo day, except that this restriction on the number of special games shall not apply to bingo conducted at the Illinois State Fair or any county fair held in Illinois. The price for a single special game card may not exceed 50 cents.
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(7) The number of bingo days conducted by a licensee
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| under this Act is limited to one per week, except as follows:
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(i) Bingo may be conducted in accordance with the
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| terms of a special operator's permit or limited license issued under subdivision (7) or (8) of Section 1.3.
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(ii) Bingo may be conducted at the Illinois State
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| Fair or any county fair held in Illinois under subdivision (6) of Section 1.3.
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(iii) A licensee which cancels a day of bingo because
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| of inclement weather or because the day is a holiday or the eve of a holiday may, after giving notice to the Department, conduct bingo on an additional date which falls on a day of the week other than the day authorized under the license.
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(8) A licensee may rent a premises on which to
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| conduct bingo only from an organization which is licensed as a provider of premises or exempt from license requirements under this Act. If the organization providing the premises is a metropolitan exposition, auditorium, and office building authority created by State law, a licensee may enter into a rental agreement with the organization authorizing the licensee and the organization to share the gross proceeds of bingo games; however, the organization shall not receive more than 50% of the gross proceeds.
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(9) No person under the age of 18 years may play or
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| participate in the conducting of bingo. Any person under the age of 18 years may be within the area where bingo is being played only when accompanied by his parent or guardian.
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(10) The promoter of bingo games must have a
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| proprietary interest in the game promoted.
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(11) Raffles or other forms of gambling prohibited by
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| law shall not be conducted on the premises where bingo is being conducted, except that pull tabs and jar games conducted under the Illinois Pull Tabs and Jar Games Act may be conducted on the premises where bingo is being conducted. Prizes awarded in pull tabs and jar games shall not be included in the bingo prize limitation.
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(12) Organizations may be issued a special permit or
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| limited license no more than 2 times in any year. An organization holding a special operator's permit or a limited license may, as one of the occasions allowed by such permit or license, conduct bingo for a maximum of 2 consecutive days. If an organization conducts bingo pursuant to a limited license or special permit, then the number of games played during each day may exceed 25, and regular game cards need not be valid for all regular games. If only noncash prizes are awarded during such occasions, the prize limits stated in subdivision (4) of this Section shall not apply, provided that the retail value of noncash prizes for any single game shall not exceed $150.
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(Source: P.A. 95-228, eff. 8-16-07.)
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(230 ILCS 25/3) (from Ch. 120, par. 1103)
Sec. 3. Payments; returns. There shall be paid to the Department of Revenue, 5% of the gross
proceeds of any game of bingo conducted under the provision of this Act.
Such payments shall be made 4 times per year, between the first and the
20th day of April, July, October and January. Accompanying each payment shall be a return,
on forms prescribed by the Department of Revenue. Failure to submit either the payment or
the return within the specified time may result in suspension or revocation
of the license. Tax returns filed pursuant to this Act shall not be confidential and shall be available for public inspection.
If any payment provided for in this Section exceeds the taxpayer's liabilities under this Act, as shown on an original return, the taxpayer may credit such excess payment against liability subsequently to be remitted to the Department under this Act, in accordance with reasonable rules adopted by the Department. All payments made to the Department of Revenue under this Section shall be deposited as follows: (1) 50% shall be deposited in the Mental Health Fund; |
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(2) 50% shall be deposited in the Common School Fund.
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' Occupation
Tax Act
and Section 3-7 of the
Uniform Penalty and Interest Act, which are not inconsistent with this Act, shall apply, as far as
practicable, to the subject matter of this Act to the same extent as if
such provisions were included in this Act. For the purposes of this Act, references in such incorporated
Sections of the Retailers' Occupation Tax Act to retailers, sellers or
persons engaged in the business of selling tangible personal property means
persons engaged in conducting bingo games, and references in such
incorporated Sections of the Retailers' Occupation Tax Act to sales of
tangible personal property mean the conducting of bingo games and the
making of charges for playing such games.
(Source: P.A. 100-1171, eff. 1-4-19.)
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(230 ILCS 25/5) (from Ch. 120, par. 1105)
Sec. 5. Penalties.
(a) Any person who conducts or knowingly participates in an
unlicensed bingo game commits the offense of gambling in violation of
Section 28-1 of the Criminal Code of 2012. Any person who
violates any other provision of this Act, or any person who
knowingly fails to file a bingo return or who knowingly files a fraudulent
application or return
under this Act, or any person who wilfully
violates any rule or regulation of the Department for the administration
and enforcement of this Act, or any officer or agent of an organization
licensed under this Act who signs a fraudulent application or return filed on behalf of
such an organization, is guilty of a Class A misdemeanor.
(b) Any organization that illegally conducts bingo, in addition to other penalties provided for in this Act, shall be subject to a civil penalty
equal to the gross proceeds derived from those
unlicensed games, as well as confiscation and forfeiture of all bingo equipment
used in the conduct of those unlicensed games.
(c) Any organization licensed to conduct bingo which allows any form of illegal gambling to be conducted on the premises where bingo is being conducted, in addition to other penalties provided for in this Act, shall be subject to a civil penalty equal to the amount of gross proceeds derived on that day from bingo and any illegal game that may have been conducted, as well as confiscation and forfeiture of all bingo equipment used in the conduct of any unlicensed or illegal games. (d) Any person or organization, in addition to other penalties provided for in this Act, shall be subject to a civil penalty not to exceed $5,000 for any of the following violations: (1) Providing premises for the conduct of bingo |
| without first obtaining a license or a special permit to do so.
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(2) Allowing unlicensed organizations to conduct
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(3) Allowing any form of illegal gambling to be
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| conducted on the premises where bingo is being conducted.
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(Source: P.A. 97-1150, eff. 1-25-13.)
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