Bill Amendment: IL SB1794 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GAMING-LICENSEE LIMITATIONS

Status: 2015-10-10 - Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1794 Detail]

Download: Illinois-2015-SB1794-Senate_Amendment_001.html

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Sen. Darin M. LaHood

Filed: 3/18/2015

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AMENDMENT TO SENATE BILL 1794
AMENDMENT NO. ______. Amend Senate Bill 1794 by replacing
everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by adding Section
5-1126.5 as follows:
(55 ILCS 5/5-1126.5 new)
Sec. 5-1126.5. Liquor license with video gaming
authorization. Notwithstanding any provisions in the Liquor
Control Act of 1934 or the Video Gaming Act to the contrary, a
county board shall have the power, by ordinance, to adopt
classifications of liquor licenses, including an authorizing
license that, when issued, may or may not authorize the liquor
license holder to subsequently apply to the Illinois Gaming
Board for a license as a licensed establishment, licensed
fraternal establishment, or licensed veterans establishment
under the Video Gaming Act and to operate as a licensed

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establishment, licensed fraternal establishment, or licensed
veterans establishment if granted a license by the Illinois
Gaming Board. If such classifications are adopted by a county,
the amount of the license fee for an authorizing license shall
not exceed the amount charged for similar liquor licenses that
are not authorizing licenses. A county that permits video
gaming pursuant to the Video Gaming Act at the time it adopts
such classifications of liquor license shall, upon the
licensee's request, issue an authorizing license to any
establishment already possessing an existing liquor license
for no additional fee. Nothing in this Section shall be
construed to terminate or otherwise affect the rights of a
licensed establishment, licensed fraternal establishment,
licensed veterans establishment, or licensed truck stop
establishment licensed under the Video Gaming Act that is
located in a county that adopts an ordinance under this
Section. A county shall notify the Illinois Gaming Board upon
its adoption of any ordinance under this Section.
Section 10. The Illinois Municipal Code is amended by
adding Section 11-42-10.3 as follows:
(65 ILCS 5/11-42-10.3 new)
Sec. 11-42-10.3. Liquor license with video gaming
authorization. Notwithstanding any provisions in the Liquor
Control Act of 1934 or the Video Gaming Act to the contrary,

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the corporate authorities of a municipality shall have the
power, by ordinance, to adopt classifications of liquor
licenses, including an authorizing license that, when issued,
may or may not authorize the liquor license holder to
subsequently apply to the Illinois Gaming Board for a license
as a licensed establishment, licensed fraternal establishment,
or licensed veterans establishment under the Video Gaming Act
and to operate as a licensed establishment, licensed fraternal
establishment, or licensed veterans establishment if granted a
license by the Illinois Gaming Board. If such classifications
are adopted by a municipality, the amount of the license fee
for an authorizing license shall not exceed the amount charged
for similar liquor licenses that are not authorizing licenses.
A municipality that permits video gaming pursuant to the Video
Gaming Act at the time it adopts such classifications of liquor
license shall, upon the licensee's request, issue an
authorizing license to any establishment already possessing an
existing liquor license for no additional fee. Nothing in this
Section shall be construed to terminate or otherwise affect the
rights of a licensed establishment, licensed fraternal
establishment, licensed veterans establishment, or licensed
truck stop establishment licensed under the Video Gaming Act
that is located in a municipality that adopts an ordinance
under this Section. A municipality shall notify the Illinois
Gaming Board upon its adoption of any ordinance under this
Section.

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Section 15. The Video Gaming Act is amended by changing
Section 55 as follows:
(230 ILCS 40/55)
Sec. 55. Precondition for licensed location. In all cases
of application for a licensed location, to operate a video
gaming terminal, each licensed establishment, licensed
fraternal establishment, or licensed veterans establishment
shall possess a valid liquor license issued by the Illinois
Liquor Control Commission in effect at the time of application
and at all times thereafter during which a video gaming
terminal is made available to the public for play at that
location. If the applicant's liquor license issued by the local
governing body provides that the applicant is not authorized to
apply to the Board for a license as a licensed establishment,
licensed fraternal establishment, or licensed veterans
establishment under this Act, and to operate as a licensed
establishment, licensed fraternal establishment, or licensed
veterans establishment if granted a license by the Board, then
the applicant is ineligible to apply for a license under this
Act. Video gaming terminals in a licensed location shall be
operated only during the same hours of operation generally
permitted to holders of a license under the Liquor Control Act
of 1934 within the unit of local government in which they are
located. A licensed truck stop establishment that does not hold

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a liquor license may operate video gaming terminals on a
continuous basis. A licensed fraternal establishment or
licensed veterans establishment that does not hold a liquor
license may operate video gaming terminals if (i) the
establishment is located in a county with a population between
6,500 and 7,000, based on the 2000 U.S. Census, (ii) the county
prohibits by ordinance the sale of alcohol, and (iii) the
establishment is in a portion of the county where the sale of
alcohol is prohibited. A licensed fraternal establishment or
licensed veterans establishment that does not hold a liquor
license may operate video gaming terminals if (i) the
establishment is located in a municipality within a county with
a population between 8,500 and 9,000 based on the 2000 U.S.
Census and (ii) the municipality or county prohibits or limits
the sale of alcohol by ordinance in a way that prohibits the
establishment from selling alcohol.
(Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10;
97-594, eff. 8-26-11.)".