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90_SB0493ham001
LRB9002838LDdvam04
1 AMENDMENT TO SENATE BILL 493
2 AMENDMENT NO. . Amend Senate Bill 493 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Riverboat Gambling Act is amended by
5 changing Section 7 as follows:
6 (230 ILCS 10/7) (from Ch. 120, par. 2407)
7 Sec. 7. Owners Licenses.
8 (a) The Board shall issue owners licenses to persons,
9 firms or corporations which apply for such licenses upon
10 payment to the Board of the non-refundable license fee set by
11 the Board, upon payment of a $25,000 license fee for the
12 first year of operation and a $5,000 license fee for each
13 succeeding year and upon a determination by the Board that
14 the applicant is eligible for an owners license pursuant to
15 this Act and the rules of the Board. A person, firm or
16 corporation is ineligible to receive an owners license if:
17 (1) the person has been convicted of a felony under
18 the laws of this State, any other state, or the United
19 States;
20 (2) the person has been convicted of any violation
21 of Article 28 of the Criminal Code of 1961, or
22 substantially similar laws of any other jurisdiction;
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1 (3) the person has submitted an application for a
2 license under this Act which contains false information;
3 (4) the person is a member of the Board;
4 (5) a person defined in (1), (2), (3) or (4) is an
5 officer, director or managerial employee of the firm or
6 corporation;
7 (6) the firm or corporation employs a person
8 defined in (1), (2), (3) or (4) who participates in the
9 management or operation of gambling operations authorized
10 under this Act;
11 (7) the person, firm or corporation owns more than
12 a 10% ownership interest in any entity holding an owners
13 license issued under this Act; or
14 (8) a license of the person, firm or corporation
15 issued under this Act, or a license to own or operate
16 gambling facilities in any other jurisdiction, has been
17 revoked.
18 (b) In determining whether to grant an owners license to
19 an applicant, the Board shall consider:
20 (1) the character, reputation, experience and
21 financial integrity of the applicants and of any other or
22 separate person that either:
23 (A) controls, directly or indirectly, such
24 applicant, or
25 (B) is controlled, directly or indirectly, by
26 such applicant or by a person which controls,
27 directly or indirectly, such applicant;
28 (2) the facilities or proposed facilities for the
29 conduct of riverboat gambling;
30 (3) the highest prospective total revenue to be
31 derived by the State from the conduct of riverboat
32 gambling;
33 (4) the good faith affirmative action plan of each
34 applicant to recruit, train and upgrade minorities in all
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1 employment classifications;
2 (5) the financial ability of the applicant to
3 purchase and maintain adequate liability and casualty
4 insurance;
5 (6) whether the applicant has adequate
6 capitalization to provide and maintain, for the duration
7 of a license, a riverboat; and
8 (7) the extent to which the applicant exceeds or
9 meets other standards for the issuance of an owners
10 license which the Board may adopt by rule.
11 (c) Each owners license shall specify the place where
12 riverboats shall operate and dock.
13 (d) Each applicant shall submit with his application, on
14 forms provided by the Board, 2 sets of his fingerprints.
15 (e) The Board may issue up to 10 licenses authorizing
16 the holders of such licenses to own riverboats. In the
17 application for an owners license, the applicant shall state
18 the dock at which the riverboat is based and the navigable
19 stream on which the riverboat will operate. The Board shall
20 issue 5 licenses to become effective not earlier than January
21 1, 1991. Four of such licenses shall authorize riverboat
22 gambling on the Mississippi River, one of which shall
23 authorize riverboat gambling from a home dock in the city of
24 East St. Louis. The other license shall authorize riverboat
25 gambling on the Illinois River south of Marshall County. The
26 Board shall issue 1 additional license to become effective
27 not earlier than March 1, 1992, which shall authorize
28 riverboat gambling on the Des Plaines River in Will County.
29 The Board may issue 4 additional licenses to become effective
30 not earlier than March 1, 1992. In determining the navigable
31 streams upon which riverboats will operate with licenses
32 effective on or after March 1, 1992, the Board shall consider
33 the economic benefit which riverboat gambling confers on the
34 State, and shall seek to assure that all regions of the State
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1 share in the economic benefits of riverboat gambling.
2 In granting all licenses, the Board may give favorable
3 consideration to economically depressed areas of the State,
4 to applicants presenting plans which provide for significant
5 economic development over a large geographic area, and to
6 applicants who currently operate non-gambling riverboats in
7 Illinois. The Board shall review all applications for owners
8 licenses, and shall inform each applicant of the Board's
9 decision.
10 The Board may revoke the owners license of a licensee
11 which fails to begin regular riverboat cruises within 12
12 months of receipt of the Board's approval of the application
13 if the Board determines that license revocation is in the
14 best interests of the State.
15 (f) The first 10 owners licenses issued under this Act
16 shall permit the holder to own up to 2 riverboats and
17 equipment thereon for a period of 3 years after the effective
18 date of the license. Holders of the first 10 owners licenses
19 must pay the annual license fee for each of the 3 years
20 during which they are authorized to own riverboats.
21 (g) Upon the termination, expiration or revocation of
22 each of the first 10 licenses, which shall be issued for a 3
23 year period, all licenses are renewable annually upon payment
24 of the fee and a determination by the Board that the licensee
25 continues to meet all of the requirements of this Act and the
26 Board's rules. However, for licenses renewed on or after July
27 1, 1997, renewal shall be for a period of 4 years, unless the
28 Board sets a shorter period.
29 (h) An owners license shall entitle the licensee to own
30 up to 2 riverboats. A licensee shall limit the number of
31 gambling participants to 1,200 for any such owners license.
32 Riverboats licensed to operate on the Mississippi River and
33 the Illinois River south of Marshall County shall have an
34 authorized capacity of at least 500 persons. Any other
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1 riverboat licensed under this Act shall have an authorized
2 capacity of at least 400 persons.
3 (i) A licensed owner is authorized to apply to the Board
4 for and, if approved therefor, to receive all licenses from
5 the Board necessary for the operation of a riverboat,
6 including a liquor license, a license to prepare and serve
7 food for human consumption, and other necessary licenses.
8 All use, occupation and excise taxes which apply to the sale
9 of food and beverages in this State and all taxes imposed on
10 the sale or use of tangible personal property apply to such
11 sales aboard the riverboat.
12 (j) None of the first 5 licenses issued by the Board to
13 become effective not earlier than January 1, 1991 shall
14 authorize a riverboat to dock in a municipality with a
15 population of under 2,000; however, this restriction does not
16 apply to any additional licenses issued by the Board to
17 become effective not earlier than March 1, 1992. The Board
18 may issue a license authorizing a riverboat to dock in a
19 municipality only if, prior to the issuance of the license,
20 the governing body of the municipality has by a majority vote
21 approved the docking of riverboats in the municipality. The
22 Board may issue a license authorizing a riverboat to dock in
23 areas of a county outside any municipality only if, prior to
24 the issuance of the license, the governing body of the county
25 has by a majority vote approved of the docking of riverboats
26 within such areas.
27 (k) Nothing in this Act shall be interpreted to prohibit
28 a licensed owner from operating a school for the training of
29 any occupational licensee.
30 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)".