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| [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0032
LRB9101544LDmb
1 AN ACT to amend the Bingo License and Tax Act by changing
2 Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Bingo License and Tax Act is amended by
6 changing Section 1 as follows:
7 (230 ILCS 25/1) (from Ch. 120, par. 1101)
8 Sec. 1. The Department of Revenue shall, upon
9 application therefor on forms prescribed by such Department,
10 and upon the payment of an annual fee of $200, and upon a
11 determination by the Department that the applicant meets all
12 of the qualifications specified in this Section, issue a
13 license for the conducting of bingo to any bona fide
14 religious, charitable, labor, fraternal, youth athletic,
15 senior citizen, educational or veterans' organization
16 organized in Illinois which operates without profit to its
17 members, which has been in existence in Illinois continuously
18 for a period of 5 years immediately before making application
19 for a license and which has had during that entire 5 year
20 period a bona fide membership engaged in carrying out its
21 objects. However, the 5 year requirement shall be reduced to
22 2 years, as applied to a local organization which is
23 affiliated with and chartered by a national organization
24 which meets the 5 year requirement. Each license expires at
25 midnight, June 30 following its date of issuance, except
26 that, beginning with applicants whose licenses expire on June
27 30, 1983, the Department shall stagger license expiration
28 dates by dividing the applicants into 4 groups which are
29 substantially equal in number. Licenses issued and license
30 fees charged to applicants in each group shall be in
31 accordance with the following schedule:
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1 Group No. License Expiration Date Fee
2 1 December 31, 1983 $100
3 2 March 31, 1984 $150
4 3 June 30, 1984 $200
5 4 September 30, 1984 $250
6 Following expiration under this schedule, each renewed
7 license shall be in effect for one year from its date of
8 issuance unless suspended or revoked by Department action
9 before that date. After June 30, 1983, every new license
10 shall expire one year from the date of issuance unless
11 suspended or revoked. A licensee may hold only one license
12 and that license is valid for only one location.
13 For purposes of this Act, the following definitions
14 apply: "Organization": A corporation, agency, partnership,
15 association, firm, or other entity consisting of 2 or more
16 persons joined by a common interest or purpose. "Non-profit
17 organization": An organization or institution organized and
18 conducted on a not-for-profit basis with no personal profit
19 inuring to any one as a result of the operation. "Charitable
20 organization": An organization or institution organized and
21 operated to benefit an indefinite number of the public.
22 "Educational organization": An organization or institution
23 organized and operated to provide systematic instruction in
24 useful branches of learning by methods common to schools and
25 institutions of learning which compare favorably in their
26 scope and intensity with the course of study presented in
27 tax-supported schools. "Religious organization": Any church,
28 congregation, society, or organization founded for the
29 purpose of religious worship. "Fraternal organization": An
30 organization of persons, including but not limited to ethnic
31 organizations, having a common interest, organized and
32 operated exclusively to promote the welfare of its members
33 and to benefit the general public on a continuing and
34 consistent basis. "Veterans organization": An organization
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1 comprised of members of which substantially all are
2 individuals who are veterans or spouses, widows, or widowers
3 of veterans, the primary purpose of which is to promote the
4 welfare of its members and to provide assistance to the
5 general public in such a way as to confer a public benefit.
6 "Labor organization": An organization composed of labor
7 unions or workers organized with the objective of betterment
8 of the conditions of those engaged in such pursuit and the
9 development of a higher degree of efficiency in their
10 respective occupations. "Youth athletic organization": An
11 organization having as its exclusive purpose the promotion
12 and provision of athletic activities for youth aged 18 and
13 under. "Senior citizens organization": An organization or
14 association comprised of members of which substantially all
15 are individuals who are senior citizens, as defined in
16 Section 3.05 of the Illinois Act on the Aging, the primary
17 purpose of which is to promote the welfare of its members.
18 Licensing for the conducting of bingo is subject to the
19 following restrictions:
20 (1) The license application, when submitted to the
21 Department of Revenue, must contain a sworn statement
22 attesting to the not-for-profit character of the
23 prospective licensee organization, signed by the
24 presiding officer and the secretary of that organization.
25 (2) The application for license shall be prepared
26 in accordance with the rules of the Department of
27 Revenue.
28 (3) Each license shall state which day of the week
29 and at what location the licensee is permitted to conduct
30 bingo. The Department may, on special application made
31 by any organization having a bingo license, issue a
32 special operator's permit for conducting bingo at other
33 premises and on other days not exceeding 7 consecutive
34 days, except that a licensee may conduct bingo at the
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1 Illinois State Fair or any county fair held in Illinois
2 during each day that the fair is in effect; such bingo
3 games conducted at the Illinois State Fair or a county
4 fair shall not require a special operator's permit. No
5 more than 2 special operator's permits may be issued in
6 one year to any one organization. Any organization,
7 qualified for a license but not holding one, upon
8 application and payment of a $50 fee may receive a
9 limited license to conduct bingo at no more than 2 indoor
10 or outdoor festivals in a year for a maximum of 5 days on
11 each occasion. Such limited license shall be prominently
12 displayed at the site of the bingo games.
13 (4) The licensee shall display a license in a
14 prominent place in the area where it is to conduct bingo.
15 (5) The proceeds from the license fee imposed by
16 this Act shall be paid into the General Revenue Fund of
17 the State Treasury.
18 (6) A license authorizes the licensee to conduct
19 the game commonly known as bingo, in which prizes are
20 awarded on the basis of designated numbers or symbols on
21 a card conforming to numbers or symbols selected at
22 random.
23 (7) The Director has the power to issue or to
24 refuse to issue a license permitting a person, firm or
25 corporation to provide premises for the conduct of bingo;
26 provided, however, that a municipality or park district
27 shall not be required to obtain a license to provide such
28 premises. The fee for such providers' license is $200. A
29 person, firm or corporation holding such a license may
30 receive reasonable expenses for providing premises for
31 conducting bingo. Reasonable expenses shall include only
32 those expenses defined as reasonable by rules promulgated
33 by the Department.
34 (8) The Department may issue restricted licenses to
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1 senior citizens organizations. The fee for a restricted
2 license is $10 per year. Restricted licenses shall be
3 subject to the following conditions:
4 (A) Bingo shall be conducted only at a
5 facility which is owned by a unit of local
6 government to which the corporate authorities have
7 given their approval and which is used to provide
8 social services or a meeting place to senior
9 citizens, or in common areas in multi-unit federally
10 assisted rental housing maintained solely for the
11 elderly and handicapped;
12 (B) The price paid for a single card shall not
13 exceed 5 cents;
14 (C) The aggregate retail value of all prizes
15 or merchandise awarded in any one game of bingo
16 shall not exceed $1;
17 (D) No person or organization shall
18 participate in the management or operation of bingo
19 under a restricted license if the person or
20 organization would be ineligible for a license under
21 this Section;
22 (E) No license is required to provide premises
23 for bingo conducted under a restricted license; and
24 (F) The Department may, by rule, exempt
25 restricted licensees from such requirements of this
26 Act as the Department may deem appropriate.
27 The Director has the power to issue a license permitting
28 an Illinois person, firm or corporation to sell, lease or
29 distribute to any organization licensed to conduct bingo
30 games or to any licensed bingo supplier all cards, boards,
31 sheets, markers, pads and all other supplies, devices and
32 equipment designed for use in the play of bingo. No person,
33 firm or corporation shall sell, lease or distribute bingo
34 supplies or equipment without having first obtained a license
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1 therefor upon written application made, verified and filed
2 with the Department in the form prescribed by the rules and
3 regulations of the Department. The fee for such license is
4 $200.
5 Applications for providers' and suppliers' licenses shall
6 be made in writing in accordance with Department rules. Each
7 providers' or suppliers' license is valid for one year from
8 date of issuance, unless suspended or revoked by Department
9 action before that date.
10 The following are ineligible for any license under this
11 Act:
12 (a) any person who has been convicted of a felony;
13 (b) any person who has been convicted of a
14 violation of Article 28 of the "Criminal Code of 1961";
15 (c) any person found gambling, participating in
16 gambling or knowingly permitting gambling on premises
17 where bingo is being conducted;
18 (d) any firm or corporation in which a person
19 defined in (a), (b) or (c) has a proprietary, equitable
20 or credit interest, or in which such person is active or
21 employed;
22 (e) any organization in which a person defined in
23 (a), (b) or (c) is an officer, director, or employee,
24 whether compensated or not;
25 (f) any organization in which a person defined in
26 (a), (b) or (c) is to participate in the management or
27 operation of a bingo game.
28 (Source: P.A. 87-758.)