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| [ Introduced ] | [ Senate Amendment 001 ] |
91_SB0032eng SB32 Engrossed 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: SB32 Engrossed -2- LRB9101544LDmb 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 SB32 Engrossed -3- LRB9101544LDmb 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 SB32 Engrossed -4- LRB9101544LDmb 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 shall not be 27 required to obtain a license to provide such premises. 28 The fee for such providers' license is $200, except that 29 a park district shall not be required to pay a fee for a 30 providers' license. A person, firm or corporation 31 holding such a license may receive reasonable expenses 32 for providing premises for conducting bingo. Reasonable 33 expenses shall include only those expenses defined as 34 reasonable by rules promulgated by the Department. SB32 Engrossed -5- LRB9101544LDmb 1 (8) The Department may issue restricted licenses to 2 senior citizens organizations. The fee for a restricted 3 license is $10 per year. Restricted licenses shall be 4 subject to the following conditions: 5 (A) Bingo shall be conducted only at a 6 facility which is owned by a unit of local 7 government to which the corporate authorities have 8 given their approval and which is used to provide 9 social services or a meeting place to senior 10 citizens, or in common areas in multi-unit federally 11 assisted rental housing maintained solely for the 12 elderly and handicapped; 13 (B) The price paid for a single card shall not 14 exceed 5 cents; 15 (C) The aggregate retail value of all prizes 16 or merchandise awarded in any one game of bingo 17 shall not exceed $1; 18 (D) No person or organization shall 19 participate in the management or operation of bingo 20 under a restricted license if the person or 21 organization would be ineligible for a license under 22 this Section; 23 (E) No license is required to provide premises 24 for bingo conducted under a restricted license; and 25 (F) The Department may, by rule, exempt 26 restricted licensees from such requirements of this 27 Act as the Department may deem appropriate. 28 The Director has the power to issue a license permitting 29 an Illinois person, firm or corporation to sell, lease or 30 distribute to any organization licensed to conduct bingo 31 games or to any licensed bingo supplier all cards, boards, 32 sheets, markers, pads and all other supplies, devices and 33 equipment designed for use in the play of bingo. No person, 34 firm or corporation shall sell, lease or distribute bingo SB32 Engrossed -6- LRB9101544LDmb 1 supplies or equipment without having first obtained a license 2 therefor upon written application made, verified and filed 3 with the Department in the form prescribed by the rules and 4 regulations of the Department. The fee for such license is 5 $200. 6 Applications for providers' and suppliers' licenses shall 7 be made in writing in accordance with Department rules. Each 8 providers' or suppliers' license is valid for one year from 9 date of issuance, unless suspended or revoked by Department 10 action before that date. 11 The following are ineligible for any license under this 12 Act: 13 (a) any person who has been convicted of a felony; 14 (b) any person who has been convicted of a 15 violation of Article 28 of the "Criminal Code of 1961"; 16 (c) any person found gambling, participating in 17 gambling or knowingly permitting gambling on premises 18 where bingo is being conducted; 19 (d) any firm or corporation in which a person 20 defined in (a), (b) or (c) has a proprietary, equitable 21 or credit interest, or in which such person is active or 22 employed; 23 (e) any organization in which a person defined in 24 (a), (b) or (c) is an officer, director, or employee, 25 whether compensated or not; 26 (f) any organization in which a person defined in 27 (a), (b) or (c) is to participate in the management or 28 operation of a bingo game. 29 (Source: P.A. 87-758.)