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91_SB0991
LRB9103342LDmbA
1 AN ACT in relation to riverboat gambling, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Riverboat Gambling Act is amended by
6 changing the Act title and Sections 4, 5, 6, 7, 11, 12, and
7 18 as follows:
8 (230 ILCS 10/Act title)
9 An Act to authorize certain forms of gambling on
10 excursion gambling boats.
11 (Source: P.A. 86-1029.)
12 (230 ILCS 10/4) (from Ch. 120, par. 2404)
13 Sec. 4. Definitions. As used in this Act:
14 (a) "Board" means the Illinois Gaming Board.
15 (b) "Occupational license" means a license issued by the
16 Board to a person or entity to perform an occupation which
17 the Board has identified as requiring a license to engage in
18 riverboat gambling in Illinois.
19 (c) "Gambling game" includes, but is not limited to,
20 baccarat, twenty-one, poker, craps, slot machine, video game
21 of chance, roulette wheel, klondike table, punchboard, faro
22 layout, keno layout, numbers ticket, push card, jar ticket,
23 or pull tab which is authorized by the Board as a wagering
24 device under this Act.
25 (d) "Riverboat" means a self-propelled excursion boat or
26 permanently moored barge on which lawful gambling is
27 authorized and licensed as provided in this Act.
28 (e) (Blank). "Gambling excursion" means the time during
29 which gambling games may be operated on a riverboat.
30 (f) "Dock" means the location where an excursion
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1 riverboat moors for the purpose of embarking passengers onto
2 for and disembarking passengers from the riverboat a gambling
3 excursion.
4 (g) "Gross receipts" means the total amount of money
5 exchanged for the purchase of chips, tokens or electronic
6 cards by riverboat patrons.
7 (h) "Adjusted gross receipts" means the gross receipts
8 less winnings paid to wagerers.
9 (i) "Cheat" means to alter the selection of criteria
10 which determine the result of a gambling game or the amount
11 or frequency of payment in a gambling game.
12 (j) "Department" means the Department of Revenue.
13 (k) "Gambling operation" means the conduct of authorized
14 gambling games upon a riverboat.
15 (Source: P.A. 86-1029; 86-1389; 87-826.)
16 (230 ILCS 10/5) (from Ch. 120, par. 2405)
17 Sec. 5. Gaming Board.
18 (a) (1) There is hereby established within the
19 Department of Revenue an Illinois Gaming Board which shall
20 have the powers and duties specified in this Act, and all
21 other powers necessary and proper to fully and effectively
22 execute this Act for the purpose of administering,
23 regulating, and enforcing the system of riverboat gambling
24 established by this Act. Its jurisdiction shall extend under
25 this Act to every person, association, corporation,
26 partnership and trust involved in riverboat gambling
27 operations in the State of Illinois.
28 (2) The Board shall consist of 5 members to be appointed
29 by the Governor with the advice and consent of the Senate,
30 one of whom shall be designated by the Governor to be
31 chairman. Each member shall have a reasonable knowledge of
32 the practice, procedure and principles of gambling
33 operations. Each member shall either be a resident of
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1 Illinois or shall certify that he will become a resident of
2 Illinois before taking office. At least one member shall be
3 experienced in law enforcement and criminal investigation, at
4 least one member shall be a certified public accountant
5 experienced in accounting and auditing, and at least one
6 member shall be a lawyer licensed to practice law in
7 Illinois.
8 (3) The terms of office of the Board members shall be 3
9 years, except that the terms of office of the initial Board
10 members appointed pursuant to this Act will commence from the
11 effective date of this Act and run as follows: one for a
12 term ending July 1, 1991, 2 for a term ending July 1, 1992,
13 and 2 for a term ending July 1, 1993. Upon the expiration of
14 the foregoing terms, the successors of such members shall
15 serve a term for 3 years and until their successors are
16 appointed and qualified for like terms. Vacancies in the
17 Board shall be filled for the unexpired term in like manner
18 as original appointments. Each member of the Board shall be
19 eligible for reappointment at the discretion of the Governor
20 with the advice and consent of the Senate.
21 (4) Each member of the Board shall receive $300 for each
22 day the Board meets and for each day the member conducts any
23 hearing pursuant to this Act. Each member of the Board shall
24 also be reimbursed for all actual and necessary expenses and
25 disbursements incurred in the execution of official duties.
26 (5) No person shall be appointed a member of the Board
27 or continue to be a member of the Board who is, or whose
28 spouse, child or parent is, a member of the board of
29 directors of, or a person financially interested in, any
30 gambling operation subject to the jurisdiction of this Board,
31 or any race track, race meeting, racing association or the
32 operations thereof subject to the jurisdiction of the
33 Illinois Racing Board. No Board member shall hold any other
34 public office for which he shall receive compensation other
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1 than necessary travel or other incidental expenses. No
2 person shall be a member of the Board who is not of good
3 moral character or who has been convicted of, or is under
4 indictment for, a felony under the laws of Illinois or any
5 other state, or the United States.
6 (6) Any member of the Board may be removed by the
7 Governor for neglect of duty, misfeasance, malfeasance, or
8 nonfeasance in office.
9 (7) Before entering upon the discharge of the duties of
10 his office, each member of the Board shall take an oath that
11 he will faithfully execute the duties of his office according
12 to the laws of the State and the rules and regulations
13 adopted therewith and shall give bond to the State of
14 Illinois, approved by the Governor, in the sum of $25,000.
15 Every such bond, when duly executed and approved, shall be
16 recorded in the office of the Secretary of State. Whenever
17 the Governor determines that the bond of any member of the
18 Board has become or is likely to become invalid or
19 insufficient, he shall require such member forthwith to renew
20 his bond, which is to be approved by the Governor. Any
21 member of the Board who fails to take oath and give bond
22 within 30 days from the date of his appointment, or who fails
23 to renew his bond within 30 days after it is demanded by the
24 Governor, shall be guilty of neglect of duty and may be
25 removed by the Governor. The cost of any bond given by any
26 member of the Board under this Section shall be taken to be a
27 part of the necessary expenses of the Board.
28 (8) Upon the request of the Board, the Department shall
29 employ such personnel as may be necessary to carry out the
30 functions of the Board. No person shall be employed to serve
31 the Board who is, or whose spouse, parent or child is, an
32 official of, or has a financial interest in or financial
33 relation with, any operator engaged in gambling operations
34 within this State or any organization engaged in conducting
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1 horse racing within this State. Any employee violating these
2 prohibitions shall be subject to termination of employment.
3 (9) An Administrator shall perform any and all duties
4 that the Board shall assign him. The salary of the
5 Administrator shall be determined by the Board and approved
6 by the Director of the Department and, in addition, he shall
7 be reimbursed for all actual and necessary expenses incurred
8 by him in discharge of his official duties. The
9 Administrator shall keep records of all proceedings of the
10 Board and shall preserve all records, books, documents and
11 other papers belonging to the Board or entrusted to its care.
12 The Administrator shall devote his full time to the duties of
13 the office and shall not hold any other office or employment.
14 (b) The Board shall have general responsibility for the
15 implementation of this Act. Its duties include, without
16 limitation, the following:
17 (1) To decide promptly and in reasonable order all
18 license applications. Any party aggrieved by an action of
19 the Board denying, suspending, revoking, restricting or
20 refusing to renew a license may request a hearing before
21 the Board. A request for a hearing must be made to the
22 Board in writing within 5 days after service of notice of
23 the action of the Board. Notice of the action of the
24 Board shall be served either by personal delivery or by
25 certified mail, postage prepaid, to the aggrieved party.
26 Notice served by certified mail shall be deemed complete
27 on the business day following the date of such mailing.
28 The Board shall conduct all requested hearings promptly
29 and in reasonable order;
30 (2) To conduct all hearings pertaining to civil
31 violations of this Act or rules and regulations
32 promulgated hereunder;
33 (3) To promulgate such rules and regulations as in
34 its judgment may be necessary to protect or enhance the
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1 credibility and integrity of gambling operations
2 authorized by this Act and the regulatory process
3 hereunder;
4 (4) To provide for the establishment and collection
5 of all license and registration fees and taxes imposed by
6 this Act and the rules and regulations issued pursuant
7 hereto. All such fees and taxes shall be deposited into
8 the State Gaming Fund;
9 (5) To provide for the levy and collection of
10 penalties and fines for the violation of provisions of
11 this Act and the rules and regulations promulgated
12 hereunder. All such fines and penalties shall be
13 deposited into the Education Assistance Fund, created by
14 Public Act 86-0018, of the State of Illinois;
15 (6) To be present through its inspectors and agents
16 any time gambling operations are conducted on any
17 riverboat for the purpose of certifying the revenue
18 thereof, receiving complaints from the public, and
19 conducting such other investigations into the conduct of
20 the gambling games and the maintenance of the equipment
21 as from time to time the Board may deem necessary and
22 proper;
23 (7) To review and rule upon any complaint by a
24 licensee regarding any investigative procedures of the
25 State which are unnecessarily disruptive of gambling
26 operations. The need to inspect and investigate shall be
27 presumed at all times. The disruption of a licensee's
28 operations shall be proved by clear and convincing
29 evidence, and establish that: (A) the procedures had no
30 reasonable law enforcement purposes, and (B) the
31 procedures were so disruptive as to unreasonably inhibit
32 gambling operations;
33 (8) To hold at least one meeting each quarter of
34 the fiscal year. In addition, special meetings may be
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1 called by the Chairman or any 2 Board members upon 72
2 hours written notice to each member. All Board meetings
3 shall be subject to the Open Meetings Act. Three members
4 of the Board shall constitute a quorum, and 3 votes shall
5 be required for any final determination by the Board.
6 The Board shall keep a complete and accurate record of
7 all its meetings. A majority of the members of the Board
8 shall constitute a quorum for the transaction of any
9 business, for the performance of any duty, or for the
10 exercise of any power which this Act requires the Board
11 members to transact, perform or exercise en banc, except
12 that, upon order of the Board, one of the Board members
13 or an administrative law judge designated by the Board
14 may conduct any hearing provided for under this Act or by
15 Board rule and may recommend findings and decisions to
16 the Board. The Board member or administrative law judge
17 conducting such hearing shall have all powers and rights
18 granted to the Board in this Act. The record made at the
19 time of the hearing shall be reviewed by the Board, or a
20 majority thereof, and the findings and decision of the
21 majority of the Board shall constitute the order of the
22 Board in such case;
23 (9) To maintain records which are separate and
24 distinct from the records of any other State board or
25 commission. Such records shall be available for public
26 inspection and shall accurately reflect all Board
27 proceedings;
28 (10) To file a written annual report with the
29 Governor on or before March 1 each year and such
30 additional reports as the Governor may request. The
31 annual report shall include a statement of receipts and
32 disbursements by the Board, actions taken by the Board,
33 and any additional information and recommendations which
34 the Board may deem valuable or which the Governor may
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1 request;
2 (11) To review the patterns of wagering and wins
3 and losses by persons on riverboat gambling operations
4 under this Act, and make recommendation to the Governor
5 and the General Assembly, by January 31, 1992, as to
6 whether limits on wagering losses should be imposed; and
7 (12) To assume responsibility for the
8 administration and enforcement of the Bingo License and
9 Tax Act, the Charitable Games Act, and the Pull Tabs and
10 Jar Games Act if such responsibility is delegated to it
11 by the Director of Revenue.
12 (c) The Board shall have jurisdiction over and shall
13 supervise all gambling operations governed by this Act. The
14 Board shall have all powers necessary and proper to fully and
15 effectively execute the provisions of this Act, including,
16 but not limited to, the following:
17 (1) To investigate applicants and determine the
18 eligibility of applicants for licenses and to select
19 among competing applicants the applicants which best
20 serve the interests of the citizens of Illinois.
21 (2) To have jurisdiction and supervision over all
22 riverboat gambling operations in this State and all
23 persons on riverboats where gambling operations are
24 conducted.
25 (3) To promulgate rules and regulations for the
26 purpose of administering the provisions of this Act and
27 to prescribe rules, regulations and conditions under
28 which all riverboat gambling in the State shall be
29 conducted. Such rules and regulations are to provide for
30 the prevention of practices detrimental to the public
31 interest and for the best interests of riverboat
32 gambling, including rules and regulations regarding the
33 inspection of such riverboats and the review of any
34 permits or licenses necessary to operate a riverboat
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1 under any laws or regulations applicable to riverboats,
2 and to impose penalties for violations thereof.
3 (4) To enter the office, riverboats, facilities, or
4 other places of business of a licensee, where evidence of
5 the compliance or noncompliance with the provisions of
6 this Act is likely to be found.
7 (5) To investigate alleged violations of this Act
8 or the rules of the Board and to take appropriate
9 disciplinary action against a licensee or a holder of an
10 occupational license for a violation, or institute
11 appropriate legal action for enforcement, or both.
12 (6) To adopt standards for the licensing of all
13 persons under this Act, as well as for electronic or
14 mechanical gambling games, and to establish fees for such
15 licenses.
16 (7) To adopt appropriate standards for all
17 riverboats and facilities.
18 (8) To require that the records, including
19 financial or other statements of any licensee under this
20 Act, shall be kept in such manner as prescribed by the
21 Board and that any such licensee involved in the
22 ownership or management of gambling operations submit to
23 the Board an annual balance sheet and profit and loss
24 statement, list of the stockholders or other persons
25 having a 1% or greater beneficial interest in the
26 gambling activities of each licensee, and any other
27 information the Board deems necessary in order to
28 effectively administer this Act and all rules,
29 regulations, orders and final decisions promulgated under
30 this Act.
31 (9) To conduct hearings, issue subpoenas for the
32 attendance of witnesses and subpoenas duces tecum for the
33 production of books, records and other pertinent
34 documents in accordance with the Illinois Administrative
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1 Procedure Act, and to administer oaths and affirmations
2 to the witnesses, when, in the judgment of the Board, it
3 is necessary to administer or enforce this Act or the
4 Board rules.
5 (10) To prescribe a form to be used by any licensee
6 involved in the ownership or management of gambling
7 operations as an application for employment for their
8 employees.
9 (11) To revoke or suspend licenses, as the Board
10 may see fit and in compliance with applicable laws of the
11 State regarding administrative procedures, and to review
12 applications for the renewal of licenses. The Board may
13 suspend an owners license, without notice or hearing upon
14 a determination that the safety or health of patrons or
15 employees is jeopardized by continuing a riverboat's
16 operation. The suspension may remain in effect until the
17 Board determines that the cause for suspension has been
18 abated. The Board may revoke the owners license upon a
19 determination that the owner has not made satisfactory
20 progress toward abating the hazard.
21 (12) To eject or exclude or authorize the ejection
22 or exclusion of, any person from riverboat gambling
23 facilities where such person is in violation of this Act,
24 rules and regulations thereunder, or final orders of the
25 Board, or where such person's conduct or reputation is
26 such that his presence within the riverboat gambling
27 facilities may, in the opinion of the Board, call into
28 question the honesty and integrity of the gambling
29 operations or interfere with orderly conduct thereof;
30 provided that the propriety of such ejection or exclusion
31 is subject to subsequent hearing by the Board.
32 (13) To require all licensees of gambling
33 operations to utilize a cashless wagering system whereby
34 all players' money is converted to tokens, electronic
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1 cards, or chips which shall be used only for wagering in
2 the gambling establishment.
3 (14) (Blank). To authorize the routes of a
4 riverboat and the stops which a riverboat may make.
5 (15) To suspend, revoke or restrict licenses, to
6 require the removal of a licensee or an employee of a
7 licensee for a violation of this Act or a Board rule or
8 for engaging in a fraudulent practice, and to impose
9 civil penalties of up to $5,000 against individuals and
10 up to $10,000 or an amount equal to the daily gross
11 receipts, whichever is larger, against licensees for each
12 violation of any provision of the Act, any rules adopted
13 by the Board, any order of the Board or any other action
14 which, in the Board's discretion, is a detriment or
15 impediment to riverboat gambling operations.
16 (16) To hire employees to gather information,
17 conduct investigations and carry out any other tasks
18 contemplated under this Act.
19 (17) To establish minimum levels of insurance to be
20 maintained by licensees.
21 (18) To authorize a licensee to sell or serve
22 alcoholic liquors, wine or beer as defined in the Liquor
23 Control Act of 1934 on board a riverboat and to have
24 exclusive authority to establish the hours for sale and
25 consumption of alcoholic liquor on board a riverboat,
26 notwithstanding any provision of the Liquor Control Act
27 of 1934 or any local ordinance, and regardless of whether
28 the riverboat makes excursions. The establishment of the
29 hours for sale and consumption of alcoholic liquor on
30 board a riverboat is an exclusive power and function of
31 the State. A home rule unit may not establish the hours
32 for sale and consumption of alcoholic liquor on board a
33 riverboat. This amendatory Act of 1991 is a denial and
34 limitation of home rule powers and functions under
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1 subsection (h) of Section 6 of Article VII of the
2 Illinois Constitution.
3 (19) After consultation with the U.S. Army Corps of
4 Engineers, to establish binding emergency orders upon the
5 concurrence of a majority of the members of the Board
6 regarding the navigability of rivers in the event of
7 extreme weather conditions, acts of God or other extreme
8 circumstances.
9 (20) To delegate the execution of any of its powers
10 under this Act for the purpose of administering and
11 enforcing this Act and its rules and regulations
12 hereunder.
13 (21) To take any other action as may be reasonable
14 or appropriate to enforce this Act and rules and
15 regulations hereunder.
16 (d) The Board may seek and shall receive the cooperation
17 of the Department of State Police in conducting background
18 investigations of applicants and in fulfilling its
19 responsibilities under this Section. Costs incurred by the
20 Department of State Police as a result of such cooperation
21 shall be paid by the Board in conformance with the
22 requirements of subsection 22 of Section 55a of The Civil
23 Administrative Code of Illinois.
24 (Source: P.A. 86-1029; 86-1389; 87-826.)
25 (230 ILCS 10/6) (from Ch. 120, par. 2406)
26 Sec. 6. Application for Owners License.
27 (a) A qualified person may apply to the Board for an
28 owners license to conduct a riverboat gambling operation as
29 provided in this Act. The application shall be made on forms
30 provided by the Board and shall contain such information as
31 the Board prescribes, including but not limited to the
32 identity of the riverboat on which such gambling operation is
33 to be conducted and the exact location where such riverboat
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1 will be docked, a certification that the riverboat will be
2 registered under this Act at all times during which gambling
3 operations are conducted on board, detailed information
4 regarding the ownership and management of the applicant, and
5 detailed personal information regarding the applicant.
6 Information provided on the application shall be used as a
7 basis for a thorough background investigation which the Board
8 shall conduct with respect to each applicant. An incomplete
9 application shall be cause for denial of a license by the
10 Board.
11 (b) Applicants shall submit with their application all
12 documents, resolutions, and letters of support from the
13 governing body that represents the municipality or county
14 wherein the licensee will dock.
15 (c) Each applicant shall disclose the identity of every
16 person, association, trust or corporation having a greater
17 than 1% direct or indirect pecuniary interest in the
18 riverboat gambling operation with respect to which the
19 license is sought. If the disclosed entity is a trust, the
20 application shall disclose the names and addresses of the
21 beneficiaries; if a corporation, the names and addresses of
22 all stockholders and directors; if a partnership, the names
23 and addresses of all partners, both general and limited.
24 (d) An application shall be filed with the Board by
25 January 1 of the year preceding any calendar year for which
26 an applicant seeks an owners license; however, applications
27 for an owners license permitting operations on January 1,
28 1991 shall be filed by July 1, 1990. An application fee of
29 $50,000 shall be paid at the time of filing to defray the
30 costs associated with the background investigation conducted
31 by the Board. If the costs of the investigation exceed
32 $50,000, the applicant shall pay the additional amount to the
33 Board. If the costs of the investigation are less than
34 $50,000, the applicant shall receive a refund of the
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1 remaining amount. All information, records, interviews,
2 reports, statements, memoranda or other data supplied to or
3 used by the Board in the course of its review or
4 investigation of an application for a license under this Act
5 shall be privileged, strictly confidential and shall be used
6 only for the purpose of evaluating an applicant. Such
7 information, records, interviews, reports, statements,
8 memoranda or other data shall not be admissible as evidence,
9 nor discoverable in any action of any kind in any court or
10 before any tribunal, board, agency or person, except for any
11 action deemed necessary by the Board.
12 (e) The Board shall charge each applicant a fee set by
13 the Department of State Police to defray the costs associated
14 with the search and classification of fingerprints obtained
15 by the Board with respect to the applicant's application.
16 These fees shall be paid into the State Police Services Fund.
17 (f) The licensed owner shall be the person primarily
18 responsible for the boat itself. Only one riverboat gambling
19 operation may be authorized by the Board on any riverboat.
20 The applicant must identify each riverboat it intends to use
21 and certify that the riverboat: (1) has the authorized
22 capacity required in this Act; (2) is accessible to disabled
23 persons; and (3) is either a replica of a 19th century
24 Illinois riverboat or of a casino cruise ship design; and (4)
25 operate. The
33 Board shall issue 5 licenses to become effective not earlier
34 than January 1, 1991. Four of such licenses shall authorize
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1 riverboat gambling on the Mississippi River, one of which
2 shall authorize riverboat gambling from a home dock in the
3 city of East St. Louis. The other license shall authorize
4 riverboat gambling on the Illinois River south of Marshall
5 County. The Board shall issue 1 additional license to become
6 effective not earlier than March 1, 1992, which shall
7 authorize riverboat gambling on the Des Plaines River in Will
8 County. The Board may issue 4 additional licenses to become
9 effective not earlier than March 1, 1992. In determining the
10 navigable streams upon which riverboats will operate with
11 licenses effective on or after March 1, 1992, the Board shall
12 consider the economic benefit which riverboat gambling
13 confers on the State, and shall seek to assure that all
14 regions of the State share in the economic benefits of
15 riverboat gambling.
16 In granting all licenses, the Board may give favorable
17 consideration to economically depressed areas of the State,
18 to applicants presenting plans which provide for significant
19 economic development over a large geographic area, and to
20 applicants who currently operate non-gambling riverboats in
21 Illinois. The Board shall review all applications for owners
22 licenses, and shall inform each applicant of the Board's
23 decision.
24 The Board may revoke the owners license of a licensee
25 which fails to begin conducting gambling regular riverboat
26 cruises within 12 months of receipt of the Board's approval
27 of the application if the Board determines that license
28 revocation is in the best interests of the State.
29 (f) The first 10 owners licenses issued under this Act
30 shall permit the holder to own up to 2 riverboats and
31 equipment thereon for a period of 3 years after the effective
32 date of the license. Holders of the first 10 owners licenses
33 must pay the annual license fee for each of the 3 years
34 during which they are authorized to own riverboats.
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1 (g) Upon the termination, expiration or revocation of
2 each of the first 10 licenses, which shall be issued for a 3
3 year period, all licenses are renewable annually upon payment
4 of the fee and a determination by the Board that the licensee
5 continues to meet all of the requirements of this Act and the
6 Board's rules.
7 (h) An owners license shall entitle the licensee to own
8 up to 2 riverboats. A licensee shall limit the number of
9 gambling participants to 1,200 for any such owners license.
10 Riverboats licensed to operate on the Mississippi River and
11 the Illinois River south of Marshall County shall have an
12 authorized capacity of at least 500 persons. Any other
13 riverboat licensed under this Act shall have an authorized
14 capacity of at least 400 persons.
15 (i) A licensed owner is authorized to apply to the Board
16 for and, if approved therefor, to receive all licenses from
17 the Board necessary for the operation of a riverboat,
18 including a liquor license, a license to prepare and serve
19 food for human consumption, and other necessary licenses.
20 All use, occupation and excise taxes which apply to the sale
21 of food and beverages in this State and all taxes imposed on
22 the sale or use of tangible personal property apply to such
23 sales aboard the riverboat.
24 (j) None of the first 5 licenses issued by the Board to
25 become effective not earlier than January 1, 1991 shall
26 authorize a riverboat to dock in a municipality with a
27 population of under 2,000; however, this restriction does not
28 apply to any additional licenses issued by the Board to
29 become effective not earlier than March 1, 1992. The Board
30 may issue a license authorizing a riverboat to dock in a
31 municipality only if, prior to the issuance of the license,
32 the governing body of the municipality has by a majority vote
33 approved the docking of riverboats in the municipality. The
34 Board may issue a license authorizing a riverboat to dock in
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1 areas of a county outside any municipality only if, prior to
2 the issuance of the license, the governing body of the county
3 has by a majority vote approved of the docking of riverboats
4 within such areas.
5 (k) Nothing in this Act shall be interpreted to prohibit
6 a licensed owner from operating a school for the training of
7 any occupational licensee.
8 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
9 (230 ILCS 10/11) (from Ch. 120, par. 2411)
10 Sec. 11. Conduct of gambling.
11 (a) Gambling may be conducted by licensed owners aboard
12 riverboats, subject to the following standards:
13 (1) No Gambling may be conducted while a riverboat
14 is docked.
15 (2) Patrons shall be allowed continuous ingress and
16 egress to a riverboat for the purpose of gambling during
17 all hours of operation while the riverboat is docked.
18 Riverboat cruises may not exceed 4 hours for a round
19 trip, with the exception of any extended cruises, each of
20 which shall be expressly approved by the Board.
21 (3) Minimum and maximum wagers on games shall be
22 set by the licensee.
23 (4) Agents of the Board and the Department of State
24 Police may board and inspect any riverboat at any time
25 for the purpose of determining whether this Act is being
26 complied with. Every riverboat, if under way and being
27 hailed by a law enforcement officer or agent of the
28 Board, must stop immediately and lay to.
29 (5) Employees of the Board shall have the right to
30 be present on the riverboat or on adjacent facilities
31 under the control of the licensee.
32 (6) Gambling equipment and supplies customarily
33 used in conducting riverboat gambling must be purchased
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1 or leased only from suppliers licensed for such purpose
2 under this Act.
3 (7) Persons licensed under this Act shall permit no
4 form of wagering on gambling games except as permitted by
5 this Act.
6 (8) Wagers may be received only from a person
7 present on a licensed riverboat. No person present on a
8 licensed riverboat shall place or attempt to place a
9 wager on behalf of another person who is not present on
10 the riverboat.
11 (9) Wagering shall not be conducted with money or
12 other negotiable currency.
13 (10) A person under age 21 shall not be permitted
14 on an area of a riverboat where gambling is being
15 conducted, except for a person at least 18 years of age
16 who is an employee of the riverboat gambling operation.
17 No employee under age 21 shall perform any function
18 involved in gambling by the patrons. No person under age
19 21 shall be permitted to make a wager under this Act.
20 (11) Gambling excursion cruises are permitted only
21 when the navigable stream for which the riverboat is
22 licensed is navigable, as determined by the Board in
23 consultation with the U.S. Army Corps of Engineers.
24 However, riverboats are not required to cruise.
25 (12) All tokens, chips or electronic cards used to
26 make wagers must be purchased from a licensed owner
27 either aboard a riverboat or at an onshore facility which
28 has been approved by the Board and which is located where
29 the riverboat docks. The tokens, chips or electronic
30 cards may be purchased by means of an agreement under
31 which the owner extends credit to the patron. Such
32 tokens, chips or electronic cards may be used while
33 aboard the riverboat only for the purpose of making
34 wagers on gambling games.
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1 (13) Notwithstanding any other Section of this Act,
2 in addition to the other licenses authorized under this
3 Act, the Board may issue special event licenses allowing
4 persons who are not otherwise licensed to conduct
5 riverboat gambling to conduct such gambling on a
6 specified date or series of dates. Riverboat gambling
7 under such a license may take place on a riverboat not
8 normally used for riverboat gambling. The Board shall
9 establish standards, fees and fines for, and limitations
10 upon, such licenses, which may differ from the standards,
11 fees, fines and limitations otherwise applicable under
12 this Act. All such fees shall be deposited into the
13 State Gaming Fund. All such fines shall be deposited
14 into the Education Assistance Fund, created by Public Act
15 86-0018, of the State of Illinois.
16 (14) In addition to the above, gambling must be
17 conducted in accordance with all rules adopted by the
18 Board.
19 (Source: P.A. 86-1029; 86-1389; 87-826.)
20 (230 ILCS 10/12) (from Ch. 120, par. 2412)
21 Sec. 12. Admission tax; fees.
22 (a) A tax is hereby imposed upon admissions to
23 riverboats gambling excursions authorized pursuant to this
24 Act at a rate of $2 per day per person admitted. This
25 admission tax is imposed upon the licensed owner conducting
26 the gambling excursion.
27 (1) (Blank). If tickets are issued which are good
28 for more than one gambling excursion, the admission tax
29 shall be paid for each person using the ticket on each
30 gambling excursion for which the ticket is used.
31 (2) If free passes or complimentary admission
32 tickets are issued, the licensee shall pay the same tax
33 upon these passes or complimentary tickets as if they
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1 were sold at the regular and usual admission rate.
2 (3) The riverboat licensee may issue tax-free
3 passes to actual and necessary officials and employees of
4 the licensee or other persons actually working on the
5 riverboat.
6 (4) The number and issuance of tax-free passes is
7 subject to the rules of the Board, and a list of all
8 persons to whom the tax-free passes are issued shall be
9 filed with the Board.
10 (b) From the $2 tax imposed under subsection (a), a
11 municipality shall receive from the State $1 for each person
12 embarking on a riverboat docked within the municipality, and
13 a county shall receive $1 for each person embarking on a
14 riverboat docked within the county but outside the boundaries
15 of any municipality. The municipality's or county's share
16 shall be collected by the Board on behalf of the State and
17 remitted quarterly by the State, subject to appropriation, to
18 the treasurer of the unit of local government for deposit in
19 the general fund.
20 (c) The licensed owner shall pay the entire admission
21 tax to the Board. Such payments shall be made daily.
22 Accompanying each payment shall be a return on forms provided
23 by the Board which shall include other information regarding
24 admissions as the Board may require. Failure to submit
25 either the payment or the return within the specified time
26 may result in suspension or revocation of the owners license.
27 (d) The Board shall administer and collect the admission
28 tax imposed by this Section, to the extent practicable, in a
29 manner consistent with the provisions of Sections 4, 5, 5a,
30 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
31 the Retailers' Occupation Tax Act and Section 3-7 of the
32 Uniform Penalty and Interest Act.
33 (Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)
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1 (230 ILCS 10/18) (from Ch. 120, par. 2418)
2 Sec. 18. Prohibited Activities - Penalty.
3 (a) A person is guilty of a Class A misdemeanor for
4 doing any of the following:
5 (1) Conducting Operating a gambling operations
6 excursion where wagering is used or to be used without a
7 license issued by the Board.
8 (2) Conducting Operating a gambling operations
9 excursion where wagering is permitted other than in the
10 manner specified by Section 11.
11 (b) A person is guilty of a Class B misdemeanor for
12 doing any of the following:
13 (1) permitting a person under 21 years to make a
14 wager; or
15 (2) violating paragraph (12) of subsection (a) of
16 Section 11 of this Act.
17 (c) A person wagering or accepting a wager at any
18 location outside the riverboat is subject to the penalties in
19 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
20 the Criminal Code of 1961.
21 (d) A person commits a Class 4 felony and, in addition,
22 shall be barred for life from riverboats under the
23 jurisdiction of the Board, if the person does any of the
24 following:
25 (1) Offers, promises, or gives anything of value or
26 benefit to a person who is connected with a riverboat
27 owner including, but not limited to, an officer or
28 employee of a licensed owner or holder of an occupational
29 license pursuant to an agreement or arrangement or with
30 the intent that the promise or thing of value or benefit
31 will influence the actions of the person to whom the
32 offer, promise, or gift was made in order to affect or
33 attempt to affect the outcome of a gambling game, or to
34 influence official action of a member of the Board.
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1 (2) Solicits or knowingly accepts or receives a
2 promise of anything of value or benefit while the person
3 is connected with a riverboat including, but not limited
4 to, an officer or employee of a licensed owner, or holder
5 of an occupational license, pursuant to an understanding
6 or arrangement or with the intent that the promise or
7 thing of value or benefit will influence the actions of
8 the person to affect or attempt to affect the outcome of
9 a gambling game, or to influence official action of a
10 member of the Board.
11 (3) Uses or possesses with the intent to use a
12 device to assist:
13 (i) In projecting the outcome of the game.
14 (ii) In keeping track of the cards played.
15 (iii) In analyzing the probability of the
16 occurrence of an event relating to the gambling
17 game.
18 (iv) In analyzing the strategy for playing or
19 betting to be used in the game except as permitted
20 by the Board.
21 (4) Cheats at a gambling game.
22 (5) Manufactures, sells, or distributes any cards,
23 chips, dice, game or device which is intended to be used
24 to violate any provision of this Act.
25 (6) Alters or misrepresents the outcome of a
26 gambling game on which wagers have been made after the
27 outcome is made sure but before it is revealed to the
28 players.
29 (7) Places a bet after acquiring knowledge, not
30 available to all players, of the outcome of the gambling
31 game which is subject of the bet or to aid a person in
32 acquiring the knowledge for the purpose of placing a bet
33 contingent on that outcome.
34 (8) Claims, collects, or takes, or attempts to
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1 claim, collect, or take, money or anything of value in or
2 from the gambling games, with intent to defraud, without
3 having made a wager contingent on winning a gambling
4 game, or claims, collects, or takes an amount of money or
5 thing of value of greater value than the amount won.
6 (9) Uses counterfeit chips or tokens in a gambling
7 game.
8 (10) Possesses any key or device designed for the
9 purpose of opening, entering, or affecting the operation
10 of a gambling game, drop box, or an electronic or
11 mechanical device connected with the gambling game or for
12 removing coins, tokens, chips or other contents of a
13 gambling game. This paragraph (10) does not apply to a
14 gambling licensee or employee of a gambling licensee
15 acting in furtherance of the employee's employment.
16 (e) The possession of more than one of the devices
17 described in subsection (d), paragraphs (3), (5) or (10)
18 permits a rebuttable presumption that the possessor intended
19 to use the devices for cheating.
20 An action to prosecute any crime occurring on a riverboat
21 during a gambling excursion shall be tried in the county of
22 the dock at which the riverboat is based.
23 (Source: P.A. 86-1029; 87-826.)
24 Section 10. The Liquor Control Act of 1934 is amended by
25 changing Section 6-30 as follows:
26 (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
27 Sec. 6-30. Notwithstanding any other provision of this
28 Act, the Illinois Gaming Board shall have exclusive authority
29 to establish the hours for sale and consumption of alcoholic
30 liquor on board a riverboat during the conduct of riverboat
31 gambling operations excursions conducted in accordance with
32 the Riverboat Gambling Act.
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1 (Source: P.A. 87-826.)