Bill Text: IL HB0996 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Charitable Games Act. Transfers all the powers of the Department of Revenue under the Act to the Illinois Gaming Board and makes related changes. Extends the licensure period from one year to 2 years. Changes the application and renewal fees from an annual $200 fee to a $400 fee for the 2-year licensure period. Provides that participation in the management or operation of the games is limited to no more than 12 (rather than 4) charitable games events, either of the sponsoring organization or any other licensed organization, during a calendar year. Provides that no single bet at any game may exceed $20. Provides that at the conclusion of the event or when the participant leaves, he or she may cash in his or her chips, scrip, or play money in exchange for currency not to exceed $500 in cash winnings (instead of $250) or unlimited noncash prizes. Provides that the provider of the premises, other than a municipality, may not rent or otherwise provide the premises for the conducting of more than one charitable games night per month (rather than 8 charitable games nights per year). Provides that 5% of the net proceeds (rather than 3% of the gross proceeds) of charitable games shall be paid to the Illinois Gaming Board. Provides that establishments that have video gaming terminals licensed under the Video Gaming Act may operate them along with charitable games under rules adopted by the Illinois Gaming Board. Makes other changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0377 [HB0996 Detail]
Download: Illinois-2013-HB0996-Amended.html
Bill Title: Amends the Charitable Games Act. Transfers all the powers of the Department of Revenue under the Act to the Illinois Gaming Board and makes related changes. Extends the licensure period from one year to 2 years. Changes the application and renewal fees from an annual $200 fee to a $400 fee for the 2-year licensure period. Provides that participation in the management or operation of the games is limited to no more than 12 (rather than 4) charitable games events, either of the sponsoring organization or any other licensed organization, during a calendar year. Provides that no single bet at any game may exceed $20. Provides that at the conclusion of the event or when the participant leaves, he or she may cash in his or her chips, scrip, or play money in exchange for currency not to exceed $500 in cash winnings (instead of $250) or unlimited noncash prizes. Provides that the provider of the premises, other than a municipality, may not rent or otherwise provide the premises for the conducting of more than one charitable games night per month (rather than 8 charitable games nights per year). Provides that 5% of the net proceeds (rather than 3% of the gross proceeds) of charitable games shall be paid to the Illinois Gaming Board. Provides that establishments that have video gaming terminals licensed under the Video Gaming Act may operate them along with charitable games under rules adopted by the Illinois Gaming Board. Makes other changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0377 [HB0996 Detail]
Download: Illinois-2013-HB0996-Amended.html
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1 | AMENDMENT TO HOUSE BILL 996
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2 | AMENDMENT NO. ______. Amend House Bill 996 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Charitable Games Act is amended by changing | ||||||
5 | Sections 3, 4, 5, 8, and 9 as follows:
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6 | (230 ILCS 30/3) (from Ch. 120, par. 1123)
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7 | Sec. 3. The Department of Revenue shall, upon application | ||||||
8 | therefor
on forms prescribed by the Department, and upon the | ||||||
9 | payment of a nonrefundable annual
fee of $400 due upon | ||||||
10 | application and each renewal $200 , and upon a determination by | ||||||
11 | the Department that the applicant
meets all of the | ||||||
12 | qualifications specified in this Act, issue a
charitable games | ||||||
13 | license for the conducting of charitable games to any
of the | ||||||
14 | following:
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15 | (i) Any local fraternal mutual benefit organization | ||||||
16 | chartered at least
40 years before it applies for a license |
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1 | under this Act.
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2 | (ii) Any qualified organization organized in Illinois | ||||||
3 | which operates
without profit to its members, which has | ||||||
4 | been in existence in Illinois
continuously for a period of | ||||||
5 | 5 years immediately before making application for
a license | ||||||
6 | and which has had during that 5 year period a bona fide | ||||||
7 | membership
engaged in carrying out its objects. However, | ||||||
8 | the 5 year requirement shall be
reduced to 2 years, as | ||||||
9 | applied to a local organization which is affiliated with
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10 | and chartered by a national organization which meets the 5 | ||||||
11 | year requirement.
The period of existence specified above | ||||||
12 | shall not apply to a qualified
organization, organized for | ||||||
13 | charitable purpose, created by a fraternal
organization | ||||||
14 | that meets the existence requirements if the charitable
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15 | organization has the same officers and directors as the | ||||||
16 | fraternal organization.
Only one charitable organization | ||||||
17 | created by a branch lodge or chapter of a
fraternal | ||||||
18 | organization may be licensed under this provision.
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19 | The application shall be signed by a person listed on the | ||||||
20 | application as an owner, officer, or other person in charge of | ||||||
21 | the necessary day-to-day operations of the applicant | ||||||
22 | organization, who shall attest under penalties of perjury that | ||||||
23 | the information contained in the application is true, correct, | ||||||
24 | and complete.
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25 | Each license shall be in effect for 2 years one year from | ||||||
26 | its date of
issuance unless extended, suspended, or revoked by |
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1 | Department action before that date.
Any extension shall not | ||||||
2 | exceed one year. The Department may by rule authorize the | ||||||
3 | filing by electronic means of any application, license, permit, | ||||||
4 | return, or registration required under this Act. A licensee may | ||||||
5 | hold only one license. Each license must be applied for at
| ||||||
6 | least 30 days prior to the night or nights the licensee wishes | ||||||
7 | to conduct
such games. The Department may issue a license to a | ||||||
8 | licensee that applies less than 30 days prior to the night or | ||||||
9 | nights the licensee wishes to conduct the games if all other | ||||||
10 | requirements of this Act are met and the Department has | ||||||
11 | sufficient time and resources to issue the license in a timely | ||||||
12 | manner. The Department may provide by rule for an extension of | ||||||
13 | any charitable games license issued under this Act. If a | ||||||
14 | licensee wishes to conduct games at a location other than
the | ||||||
15 | locations originally specified in the license, the licensee | ||||||
16 | shall
notify the Department of the proposed alternate location | ||||||
17 | at least 30 days
before the night on which the licensee wishes | ||||||
18 | to conduct games at the
alternate location. The Department may | ||||||
19 | accept an applicant's change in location with less than 30 | ||||||
20 | days' notice if all other requirements of this Act are met and | ||||||
21 | the Department has sufficient time and resources to process the | ||||||
22 | change in a timely manner.
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23 | All taxes and fees imposed by this Act, unless otherwise | ||||||
24 | specified, shall be paid into the Illinois Gaming Law | ||||||
25 | Enforcement Fund of the State Treasury.
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26 | (Source: P.A. 95-228, eff. 8-16-07.)
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1 | (230 ILCS 30/4) (from Ch. 120, par. 1124)
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2 | Sec. 4. Licensing Restrictions. Licensing for the | ||||||
3 | conducting of
charitable games is subject to the following | ||||||
4 | restrictions:
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5 | (1) The license application, when submitted to the | ||||||
6 | Department of Revenue,
must contain a sworn statement | ||||||
7 | attesting to the not-for-profit character
of the | ||||||
8 | prospective licensee organization, signed by a person | ||||||
9 | listed on the application as an owner, officer, or other | ||||||
10 | person in charge of the necessary day-to-day operations. | ||||||
11 | The application shall contain the
name of the person in | ||||||
12 | charge of and primarily responsible for the
conduct of the | ||||||
13 | charitable games. The person so designated shall be
present | ||||||
14 | on the premises continuously during charitable games.
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15 | (2) The license application shall be prepared by the | ||||||
16 | prospective
licensee organization or its duly authorized | ||||||
17 | representative in accordance
with the
rules of the | ||||||
18 | Department of Revenue.
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19 | (2.1) The organization shall maintain among its books | ||||||
20 | and records a list of the names,
addresses, social security | ||||||
21 | numbers, and dates of birth of all persons who will
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22 | participate in the management or operation of the games, | ||||||
23 | along with a sworn
statement made under penalties of | ||||||
24 | perjury, signed by a person listed on the application as an | ||||||
25 | owner, officer, or other person in charge of the necessary |
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1 | day-to-day operations, that the persons listed as | ||||||
2 | participating in the
management or operation of the games | ||||||
3 | are bona fide members, volunteers as
defined in Section 2, | ||||||
4 | or employees of the applicant, that these persons have
not
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5 | participated in the management or operation of more than 12 | ||||||
6 | 4 charitable games
events conducted by any licensee in the | ||||||
7 | calendar year, and that these persons
will receive no | ||||||
8 | remuneration or compensation, directly or indirectly from | ||||||
9 | any
source, for participating in the management or | ||||||
10 | operation of the games. Any
amendments to this listing must | ||||||
11 | contain an identical sworn statement.
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12 | (2.2) (Blank).
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13 | (3) Each license shall state the date, hours and
at | ||||||
14 | what
locations the licensee is permitted to conduct | ||||||
15 | charitable games.
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16 | (4) Each licensee shall file a copy of the license with | ||||||
17 | each
police
department or, if in unincorporated areas, each | ||||||
18 | sheriff's office whose
jurisdiction includes the premises | ||||||
19 | on which the charitable games are
authorized under the | ||||||
20 | license.
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21 | (5) The licensee shall prominently display the license | ||||||
22 | in the
area where the licensee is to conduct charitable | ||||||
23 | games. The licensee shall likewise display, in the form and | ||||||
24 | manner prescribed by the Department, the provisions of | ||||||
25 | Section 9 of this Act.
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26 | (6) (Blank).
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1 | (7) (Blank). Each licensee shall obtain and maintain a | ||||||
2 | bond for the
benefit of
participants in games conducted by | ||||||
3 | the licensee to insure payment to the
winners of such | ||||||
4 | games. Such bond discretionary by the Department and shall | ||||||
5 | be in an amount established by rule
by the Department of | ||||||
6 | Revenue. In a county with fewer than 60,000
inhabitants, | ||||||
7 | the Department may waive the bond
requirement upon a | ||||||
8 | showing by a licensee that it has sufficient funds on
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9 | deposit to insure payment to the winners of such games.
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10 | (8) A license is not assignable or transferable.
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11 | (9) Unless the premises for conducting charitable | ||||||
12 | games are provided by
a
municipality, the Department shall | ||||||
13 | not issue a license
permitting a
person, firm
or | ||||||
14 | corporation to sponsor a charitable games night if the | ||||||
15 | premises for the
conduct of the charitable games has been | ||||||
16 | previously used for 12 8
charitable
games nights during the | ||||||
17 | previous 12 months.
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18 | (10) Auxiliary organizations of a licensee shall not be
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19 | eligible for a
license to conduct charitable games, except | ||||||
20 | for auxiliary organizations
of veterans organizations as | ||||||
21 | authorized in Section 2.
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22 | (11) Charitable games must be conducted in accordance | ||||||
23 | with
local
building and fire code requirements.
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24 | (12) The licensee shall consent to allowing the | ||||||
25 | Department's
employees
to be present on the premises | ||||||
26 | wherein the charitable games are conducted
and to inspect |
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1 | or test equipment, devices and supplies used in the conduct
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2 | of the game.
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3 | Nothing in this Section shall be construed to prohibit a | ||||||
4 | licensee that
conducts charitable games on its own premises | ||||||
5 | from also obtaining a
providers' license in accordance with | ||||||
6 | Section 5.1.
The maximum number of charitable games events that | ||||||
7 | may be held in any one
premises is limited to one 8 charitable | ||||||
8 | games event events per month calendar year .
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9 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
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10 | (230 ILCS 30/5) (from Ch. 120, par. 1125)
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11 | Sec. 5. Providers' License. The Department shall issue a | ||||||
12 | providers'
license permitting a person, firm or corporation to | ||||||
13 | provide
premises for the conduct of charitable games. No | ||||||
14 | person, firm or
corporation may rent or otherwise provide | ||||||
15 | premises without having first
obtained a license. Applications | ||||||
16 | for providers' licenses shall be made in writing in accordance | ||||||
17 | with Department rules. The Department shall license providers | ||||||
18 | of charitable games at a nonrefundable annual fee of $50, or | ||||||
19 | nonrefundable triennial license fee of $150. Each providers' | ||||||
20 | license is valid for one year
from the date of issuance, or 3 | ||||||
21 | years from date of issuance for a triennial license, unless | ||||||
22 | extended, suspended,
or revoked by Department action
before
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23 | that date. Any extension of a providers' license shall not | ||||||
24 | exceed one year. A provider may receive reasonable compensation | ||||||
25 | for the provision
of the premises. Reasonable expenses shall |
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1 | include only those expenses defined as reasonable by rules | ||||||
2 | adopted by the Department. A provider, other than a
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3 | municipality, may not provide
the same premises for conducting | ||||||
4 | more than 12 8 charitable games nights
per year.
A provider | ||||||
5 | shall not have any interest in any suppliers' business, either
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6 | direct or indirect.
A municipality may provide the same | ||||||
7 | premises for conducting 48 16 charitable
games nights during a | ||||||
8 | 12-month period. No employee, officer, or owner of a
provider | ||||||
9 | may participate in the management or operation of a charitable | ||||||
10 | games
event, even if the employee, officer, or owner is also a | ||||||
11 | member, volunteer, or
employee of the charitable games | ||||||
12 | licensee. A provider may not promote or
solicit a charitable | ||||||
13 | games event on behalf of a charitable games licensee or
| ||||||
14 | qualified organization.
Any qualified organization licensed to | ||||||
15 | conduct a
charitable game need not obtain a providers' license | ||||||
16 | if such games are to
be conducted on the organization's | ||||||
17 | premises.
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18 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
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19 | (230 ILCS 30/8) (from Ch. 120, par. 1128)
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20 | Sec. 8. The conducting of charitable games is subject to | ||||||
21 | the following
restrictions:
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22 | (1) The entire net proceeds from charitable games must | ||||||
23 | be exclusively
devoted to the lawful purposes of the | ||||||
24 | organization permitted to conduct
that game.
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25 | (2) No person except a bona fide member or employee of |
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1 | the
sponsoring organization, or a volunteer recruited by | ||||||
2 | the sponsoring
organization, may participate in the | ||||||
3 | management or operation of the
game.
A person participates | ||||||
4 | in the management or operation of a charitable game
when he | ||||||
5 | or she sells admission tickets at the event; sells, | ||||||
6 | redeems, or in any
way assists in the selling or redeeming | ||||||
7 | of chips, scrip, or play money;
participates in the
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8 | conducting of any of the games played during the event, or | ||||||
9 | supervises, directs
or instructs anyone conducting a game; | ||||||
10 | or at any time during the hours of the
charitable games | ||||||
11 | event counts, handles, or supervises anyone counting or
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12 | handling any of the proceeds or chips, scrip, or play money | ||||||
13 | at the event. A
person who is present to
ensure that the | ||||||
14 | games are being conducted in conformance with the rules
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15 | established by the licensed organization or is present to | ||||||
16 | insure that the
equipment is working
properly is considered | ||||||
17 | to be participating in the management or operation of a
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18 | game. Setting up, cleaning up, selling food and drink, or | ||||||
19 | providing security
for persons or property at the event | ||||||
20 | does not constitute participation in the
management or | ||||||
21 | operation of the game.
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22 | Only bona fide members, volunteers as defined in | ||||||
23 | Section 2 of this Act, and
employees of the sponsoring | ||||||
24 | organization may participate in the management or
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25 | operation of the games. Participation in the management or
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26 | operation
of the games is limited to no more than 12 4 |
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1 | charitable games events, either of the sponsoring | ||||||
2 | organization or any other licensed organization, during a | ||||||
3 | calendar year.
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4 | (3) No person may receive any remuneration or | ||||||
5 | compensation either
directly or
indirectly from any source | ||||||
6 | for
participating in the management or operation of the | ||||||
7 | game.
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8 | (4) No single bet at any house-banked game may exceed | ||||||
9 | $20 $10 .
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10 | (5) A bank shall be established on the premises to | ||||||
11 | convert currency into
chips, scrip, or other form of play | ||||||
12 | money which shall then be used to play
at
games of chance | ||||||
13 | which the participant chooses. Chips, scrip, or play money
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14 | must be permanently monogrammed with the supplier license | ||||||
15 | number or logo or charitable games license number of a the | ||||||
16 | licensed organization or of the
supplier. Each participant | ||||||
17 | must be issued a receipt indicating the amount
of chips, | ||||||
18 | scrip, or play money purchased.
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19 | (6) At the conclusion of the event or when the | ||||||
20 | participant leaves, he or she
may cash in his or her chips, | ||||||
21 | scrip, or play money in exchange for currency not to
exceed | ||||||
22 | $500 in cash winnings $250 or unlimited noncash prizes. | ||||||
23 | Each participant shall sign for any receipt
of prizes. The | ||||||
24 | licensee shall provide the Department of Revenue with a
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25 | listing of all prizes awarded, including the retail value | ||||||
26 | of all prizes awarded.
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1 | (7) Each licensee shall be permitted to conduct | ||||||
2 | charitable games on
not more than 4 days each year. Nothing | ||||||
3 | in this Section shall be construed to prohibit a licensee | ||||||
4 | that conducts charitable games on its own premises from | ||||||
5 | also obtaining a providers' license in accordance with | ||||||
6 | Section 7 of this Act.
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7 | (8) Unless the provider of the premises is a | ||||||
8 | municipality, the
provider of the premises may not rent or | ||||||
9 | otherwise provide the
premises for the conducting of more | ||||||
10 | than one 8 charitable games night nights per month year .
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11 | (9) A charitable games event is considered to be a | ||||||
12 | one-day event and charitable games may not be played | ||||||
13 | between the hours of 2:00 a.m.
and noon.
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14 | (10) No person under the age of 18 years may play or | ||||||
15 | participate in the
conducting of charitable games. Any | ||||||
16 | person under the age of 18 years
may be within the area | ||||||
17 | where charitable games are being played only
when | ||||||
18 | accompanied by his parent or guardian.
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19 | (11) No one other than the sponsoring organization
of | ||||||
20 | charitable games must have a proprietary
interest in the | ||||||
21 | game promoted.
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22 | (12) Raffles or other forms of gambling prohibited by | ||||||
23 | law shall not be
conducted on the premises where charitable | ||||||
24 | games are being conducted.
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25 | (13) Such games are not expressly prohibited by county
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26 | ordinance for
charitable games conducted in the |
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1 | unincorporated areas of the county or
municipal ordinance | ||||||
2 | for charitable games conducted in the municipality and
the | ||||||
3 | ordinance is filed with the Department of Revenue. The | ||||||
4 | Department
shall provide each county or municipality with a | ||||||
5 | list of organizations
licensed or subsequently authorized | ||||||
6 | by the Department to conduct
charitable games in their | ||||||
7 | jurisdiction.
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8 | (14) The sale of tangible personal property at | ||||||
9 | charitable games is
subject to all State and local taxes | ||||||
10 | and obligations.
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11 | (15) Each licensee may offer or conduct only the games
| ||||||
12 | listed
below,
which must be conducted in accordance with
| ||||||
13 | rules posted by the organization. The organization | ||||||
14 | sponsoring charitable
games shall promulgate rules, and | ||||||
15 | make printed copies available to
participants, for the | ||||||
16 | following games: (a) roulette; (b) blackjack; (c)
poker; | ||||||
17 | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||||||
18 | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | ||||||
19 | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | ||||||
20 | merchandise wheel. A licensee need not offer or
conduct | ||||||
21 | every game permitted by law.
The conducting of games not | ||||||
22 | listed above is prohibited by this Act.
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23 | (16) No slot machines or coin-in-the-slot-operated | ||||||
24 | devices
that allow a participant to play games of chance | ||||||
25 | shall be permitted to be used at the location and during | ||||||
26 | the time at which the charitable games are being conducted. |
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1 | However, establishments that have video gaming terminals | ||||||
2 | licensed under the Video Gaming Act may operate them along | ||||||
3 | with charitable games under rules adopted by the | ||||||
4 | Department.
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5 | (17) No cards, dice, wheels, or other equipment may be | ||||||
6 | modified or
altered
so as to give the licensee a greater | ||||||
7 | advantage in winning, other than as
provided under the | ||||||
8 | normal rules of play of a particular game.
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9 | (18) No credit shall be extended to any of the | ||||||
10 | participants.
| ||||||
11 | (19) (Blank).
| ||||||
12 | (20) A supplier may have only one representative | ||||||
13 | present at the charitable
games event, for the exclusive | ||||||
14 | purpose of ensuring that its equipment is not
damaged.
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15 | (21) No employee, owner, or officer of a consultant | ||||||
16 | service hired by a
licensed organization to perform | ||||||
17 | services at the event including, but not
limited to, | ||||||
18 | security for
persons or property at the event or services | ||||||
19 | before the event including, but
not limited to, training | ||||||
20 | for volunteers
or advertising may participate in the | ||||||
21 | management or operation of the games.
| ||||||
22 | (22) (Blank).
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23 | (Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| ||||||
24 | (230 ILCS 30/9) (from Ch. 120, par. 1129)
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25 | Sec. 9. There shall be paid to the Department of Revenue, |
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| |||||||
1 | 5% 3% of the net
gross proceeds of charitable games conducted | ||||||
2 | under the provisions
of this Act. Such payments shall be made | ||||||
3 | within 30 days after the
completion of the games. Accompanying | ||||||
4 | each payment shall be a return, on forms prescribed by
the | ||||||
5 | Department of Revenue. Failure to submit either the payment or | ||||||
6 | the return within the
specified time may result in suspension | ||||||
7 | or revocation of the license. Tax returns filed pursuant to | ||||||
8 | this Act shall not be confidential and shall be available for | ||||||
9 | public inspection.
| ||||||
10 |
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, | ||||||
11 | 5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' | ||||||
12 | Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and | ||||||
13 | Interest Act,
which are not inconsistent with this Act shall | ||||||
14 | apply, as far as
practicable, to the subject matter of this Act | ||||||
15 | to the same extent as if
such provisions were included in this | ||||||
16 | Act. For the purposes of this Act, references in such | ||||||
17 | incorporated
Sections of the Retailers' Occupation Tax Act to | ||||||
18 | retailers, sellers or
persons engaged in the business of | ||||||
19 | selling tangible personal property means
persons engaged in | ||||||
20 | conducting charitable games, and references in such
| ||||||
21 | incorporated Sections of the Retailers' Occupation Tax Act to | ||||||
22 | sales of
tangible personal property mean the conducting of | ||||||
23 | charitable games and the
making of charges for playing such | ||||||
24 | games.
| ||||||
25 | All payments made to the Department of Revenue under this | ||||||
26 | Section shall be deposited
into the Illinois Gaming Law |
| |||||||
| |||||||
1 | Enforcement Fund of the State Treasury.
| ||||||
2 | (Source: P.A. 95-228, eff. 8-16-07.)".
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