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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1603 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
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| 230 ILCS 40/35 | | 720 ILCS 5/28-1 | from Ch. 38, par. 28-1 | 720 ILCS 5/28-2 | from Ch. 38, par. 28-2 |
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Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, a machine or device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits that offers a person entry into any contest, competition, sweepstakes, scheme, plan, or other selection process that involves or is dependent upon an element of chance for which the person may receive a gift, award, or other item or service of value if that offer is incidental to or results from: (A) the purchase of an item or service of value; or (B) the purchase or gratuitous receipt of a coupon, voucher, certificate, or other similar credit that can be redeemed for or applied towards an item or service of value from such machine or device or elsewhere. Provides that participants in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate shall not be convicted of gambling except where participation in such game of skill or chance is accomplished using a gambling device prohibited by these changes to the definition. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Video Gaming
Act is amended by changing |
| 5 | | Section 35 as follows:
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| 6 | | (230 ILCS 40/35)
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| 7 | | Sec. 35. Display of license; confiscation; violation as |
| 8 | | felony. |
| 9 | | (a) Each
video gaming terminal shall be licensed by the |
| 10 | | Board before placement
or operation on the premises of a |
| 11 | | licensed establishment, licensed truck stop
establishment, |
| 12 | | licensed large truck stop establishment, licensed
fraternal |
| 13 | | establishment, or licensed veterans establishment. The license |
| 14 | | of
each video gaming terminal shall be maintained
at the |
| 15 | | location where the video gaming terminal is operated. Failure |
| 16 | | to do so
is a petty offense with a fine
not to exceed $100.
Any |
| 17 | | licensed establishment, licensed truck stop establishment, |
| 18 | | licensed large truck stop establishment, licensed
fraternal |
| 19 | | establishment, or licensed
veterans establishment
used for the |
| 20 | | conduct of gambling games in violation of this Act shall be
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| 21 | | considered a gambling place in violation of Section 28-3 of |
| 22 | | the Criminal
Code of 2012. Every gambling device found in
a |
| 23 | | licensed establishment, licensed truck stop establishment, |
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| 1 | | licensed large truck stop establishment, licensed fraternal
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| 2 | | establishment, or licensed
veterans establishment operating |
| 3 | | gambling games in violation of this
Act shall be subject to |
| 4 | | seizure, confiscation, and destruction as provided
in Section |
| 5 | | 28-5 of the Criminal Code of 2012.
Any license issued under the |
| 6 | | Liquor Control Act
of 1934 to any owner or operator of a |
| 7 | | licensed establishment, licensed truck
stop establishment, |
| 8 | | licensed large truck stop establishment, licensed
fraternal |
| 9 | | establishment, or licensed veterans establishment that |
| 10 | | operates or
permits the operation of a video gaming terminal |
| 11 | | within its establishment in
violation of this Act shall be |
| 12 | | immediately revoked.
No person may own, operate, have in his |
| 13 | | or her possession or custody or under
his or her control, or |
| 14 | | permit to be kept in any place under his or her
possession or |
| 15 | | control, any
device that awards credits and contains a |
| 16 | | circuit, meter, or switch capable of
removing and recording |
| 17 | | the removal of credits when the award of credits is
dependent |
| 18 | | upon chance. |
| 19 | | Nothing in this Section shall be deemed to prohibit the |
| 20 | | use of a game device only if the game device is used in an |
| 21 | | activity that is not gambling under subsection (b) of Section |
| 22 | | 28-1 of the Criminal Code of 2012. |
| 23 | | A violation of this Section is a Class 4 felony. All
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| 24 | | devices that are owned, operated, or possessed in violation of |
| 25 | | this Section are
hereby declared to be public nuisances and |
| 26 | | shall be subject to seizure,
confiscation, and destruction as |
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| 1 | | provided in Section 28-5 of the Criminal Code
of 2012.
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| 2 | | The provisions of this Section do not apply to devices or |
| 3 | | electronic video
game terminals licensed pursuant to this Act. |
| 4 | | A video gaming terminal operated for amusement only and |
| 5 | | bearing a valid amusement tax sticker shall not be subject to |
| 6 | | this Section until 30 days after the Board establishes that |
| 7 | | the central communications system is functional.
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| 8 | | (b) (1) The odds of winning each video game shall be posted |
| 9 | | on or near each video gaming terminal. The manner in which the |
| 10 | | odds are calculated and how they are posted shall be |
| 11 | | determined by the Board by rule. |
| 12 | | (2) No video gaming terminal licensed under this Act may |
| 13 | | be played except during the legal hours of operation allowed |
| 14 | | for the consumption of alcoholic beverages at the licensed |
| 15 | | establishment, licensed fraternal establishment, or licensed |
| 16 | | veterans establishment. A licensed establishment, licensed |
| 17 | | fraternal establishment, or licensed veterans establishment |
| 18 | | that violates this subsection is subject to termination of its |
| 19 | | license by the Board. |
| 20 | | (Source: P.A. 101-31, eff. 6-28-19.)
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| 21 | | Section 10. The Criminal Code of 2012 is amended by |
| 22 | | changing Sections 28-1 and 28-2 as follows:
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| 23 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
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| 24 | | Sec. 28-1. Gambling.
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| 1 | | (a) A person commits gambling when he or she:
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| 2 | | (1) knowingly plays a game of chance or skill for |
| 3 | | money or other thing of
value, unless excepted in |
| 4 | | subsection (b) of this Section;
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| 5 | | (2) knowingly makes a wager upon the result of any |
| 6 | | game, contest, or any
political nomination, appointment or |
| 7 | | election;
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| 8 | | (3) knowingly operates, keeps, owns, uses, purchases, |
| 9 | | exhibits, rents, sells,
bargains for the sale or lease of, |
| 10 | | manufactures or distributes any
gambling device;
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| 11 | | (4) contracts to have or give himself or herself or |
| 12 | | another the option to buy
or sell, or contracts to buy or |
| 13 | | sell, at a future time, any grain or
other commodity |
| 14 | | whatsoever, or any stock or security of any company,
where |
| 15 | | it is at the time of making such contract intended by both |
| 16 | | parties
thereto that the contract to buy or sell, or the |
| 17 | | option, whenever
exercised, or the contract resulting |
| 18 | | therefrom, shall be settled, not by
the receipt or |
| 19 | | delivery of such property, but by the payment only of
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| 20 | | differences in prices thereof; however, the issuance, |
| 21 | | purchase, sale,
exercise, endorsement or guarantee, by or |
| 22 | | through a person registered
with the Secretary of State |
| 23 | | pursuant to Section 8 of the Illinois
Securities Law of |
| 24 | | 1953, or by or through a person exempt from such
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| 25 | | registration under said Section 8, of a put, call, or |
| 26 | | other option to
buy or sell securities which have been |
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| 1 | | registered with the Secretary of
State or which are exempt |
| 2 | | from such registration under Section 3 of the
Illinois |
| 3 | | Securities Law of 1953 is not gambling within the meaning |
| 4 | | of
this paragraph (4);
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| 5 | | (5) knowingly owns or possesses any book, instrument, |
| 6 | | or apparatus by
means of which bets or wagers have been, or |
| 7 | | are, recorded or registered,
or knowingly possesses any |
| 8 | | money which he or she has received in the course of
a bet |
| 9 | | or wager;
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| 10 | | (6) knowingly sells pools upon the result of any game |
| 11 | | or contest of skill or
chance, political nomination, |
| 12 | | appointment, or election;
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| 13 | | (7) knowingly sets up or promotes any lottery or |
| 14 | | sells, offers to sell, or
transfers any ticket or share |
| 15 | | for any lottery;
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| 16 | | (8) knowingly sets up or promotes any policy game or |
| 17 | | sells, offers to sell, or
knowingly possesses or transfers |
| 18 | | any policy ticket, slip, record,
document, or other |
| 19 | | similar device;
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| 20 | | (9) knowingly drafts, prints, or publishes any lottery |
| 21 | | ticket or share,
or any policy ticket, slip, record, |
| 22 | | document, or similar device, except for
such activity |
| 23 | | related to lotteries, bingo games, and raffles authorized |
| 24 | | by
and conducted in accordance with the laws of Illinois |
| 25 | | or any other state or
foreign government;
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| 26 | | (10) knowingly advertises any lottery or policy game, |
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| 1 | | except for such
activity related to lotteries, bingo |
| 2 | | games, and raffles authorized by and
conducted in |
| 3 | | accordance with the laws of Illinois or any other state;
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| 4 | | (11) knowingly transmits information as to wagers, |
| 5 | | betting odds, or
changes in betting odds by telephone, |
| 6 | | telegraph, radio, semaphore, or
similar means; or |
| 7 | | knowingly installs or maintains equipment for the
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| 8 | | transmission or receipt of such information; except that |
| 9 | | nothing in this
subdivision (11) prohibits transmission or |
| 10 | | receipt of such information
for use in news reporting of |
| 11 | | sporting events or contests; or
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| 12 | | (12) knowingly establishes, maintains, or operates an |
| 13 | | Internet site that
permits a person to play a game of
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| 14 | | chance or skill for money or other thing of value by means |
| 15 | | of the Internet or
to make a wager upon the
result of any |
| 16 | | game, contest, political nomination, appointment, or
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| 17 | | election by means of the Internet. This item (12) does not |
| 18 | | apply to activities referenced in items (6), (6.1), (8), |
| 19 | | (8.1), and (15) of subsection (b) of this Section.
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| 20 | | (b) Participants in any of the following activities shall |
| 21 | | not be
convicted of gambling:
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| 22 | | (1) Agreements to compensate for loss caused by the |
| 23 | | happening of
chance, including, without limitation, |
| 24 | | contracts of indemnity or guaranty
and life or health or |
| 25 | | accident insurance.
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| 26 | | (2) Offers of prizes, award, or compensation to the |
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| 1 | | actual
contestants in any bona fide contest for the |
| 2 | | determination of skill,
speed, strength, or endurance or |
| 3 | | to the owners of animals or vehicles
entered in such |
| 4 | | contest.
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| 5 | | (3) Pari-mutuel betting as authorized by the law of |
| 6 | | this State.
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| 7 | | (4) Manufacture of gambling devices, including the |
| 8 | | acquisition of
essential parts therefor and the assembly |
| 9 | | thereof, for transportation in
interstate or foreign |
| 10 | | commerce to any place outside this State when such
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| 11 | | transportation is not prohibited by any applicable Federal |
| 12 | | law; or the
manufacture, distribution, or possession of |
| 13 | | video gaming terminals, as
defined in the Video Gaming |
| 14 | | Act, by manufacturers, distributors, and
terminal |
| 15 | | operators licensed to do so under the Video Gaming Act.
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| 16 | | (5) The game commonly known as "bingo", when conducted |
| 17 | | in accordance
with the Bingo License and Tax Act.
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| 18 | | (6) Lotteries when conducted by the State of Illinois |
| 19 | | in accordance
with the Illinois Lottery Law. This |
| 20 | | exemption includes any activity conducted by the |
| 21 | | Department of Revenue to sell lottery tickets pursuant to |
| 22 | | the provisions of the Illinois Lottery Law and its rules.
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| 23 | | (6.1) The purchase of lottery tickets through the |
| 24 | | Internet for a lottery conducted by the State of Illinois |
| 25 | | under the program established in Section 7.12 of the |
| 26 | | Illinois Lottery Law.
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| 1 | | (7) Possession of an antique slot machine that is |
| 2 | | neither used nor
intended to be used in the operation or |
| 3 | | promotion of any unlawful
gambling activity or enterprise. |
| 4 | | For the purpose of this subparagraph
(b)(7), an antique |
| 5 | | slot machine is one manufactured 25 years ago or earlier.
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| 6 | | (8) Raffles and poker runs when conducted in |
| 7 | | accordance with the Raffles and Poker Runs Act.
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| 8 | | (8.1) The purchase of raffle chances for a raffle |
| 9 | | conducted in accordance with the Raffles and Poker Runs |
| 10 | | Act. |
| 11 | | (9) Charitable games when conducted in accordance with |
| 12 | | the Charitable
Games Act.
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| 13 | | (10) Pull tabs and jar games when conducted under the |
| 14 | | Illinois Pull
Tabs and Jar Games Act.
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| 15 | | (11) Gambling games when
authorized by the Illinois |
| 16 | | Gambling Act.
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| 17 | | (12) Video gaming terminal games at a licensed |
| 18 | | establishment, licensed truck stop establishment, licensed |
| 19 | | large truck stop establishment,
licensed
fraternal |
| 20 | | establishment, or licensed veterans establishment when
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| 21 | | conducted in accordance with the Video Gaming Act. |
| 22 | | (13) Games of skill or chance where money or other |
| 23 | | things of value can be won but no payment or purchase is |
| 24 | | required to participate, except where participation in |
| 25 | | such game of skill or chance is accomplished using a |
| 26 | | gambling device prohibited by Section 28-2(a)(iii). |
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| 1 | | (14) Savings promotion raffles authorized under |
| 2 | | Section 5g of the Illinois Banking Act, Section 7008 of |
| 3 | | the Savings Bank Act, Section 42.7 of the Illinois Credit |
| 4 | | Union Act, Section 5136B of the National Bank Act (12 |
| 5 | | U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 |
| 6 | | U.S.C. 1463). |
| 7 | | (15) Sports wagering when conducted in accordance with |
| 8 | | the Sports Wagering Act. |
| 9 | | (c) Sentence.
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| 10 | | (1) Gambling is a
Class A misdemeanor. A second or
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| 11 | | subsequent conviction under subsections (a)(3) through |
| 12 | | (a)(12),
is a Class 4 felony.
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| 13 | | (2) Notwithstanding subsection (c)(1), or anything |
| 14 | | else contained in this Section to the contrary, a gambling |
| 15 | | offense involving a device described in Section |
| 16 | | 28-2(a)(iii) is a Class 4 felony. |
| 17 | | (d) Circumstantial evidence.
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| 18 | | In prosecutions under
this
Section circumstantial evidence |
| 19 | | shall have the same validity and weight as
in any criminal |
| 20 | | prosecution.
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| 21 | | (Source: P.A. 101-31, Article 25, Section 25-915, eff. |
| 22 | | 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; |
| 23 | | 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
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| 24 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
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| 25 | | Sec. 28-2. Definitions.
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| 1 | | (a) A "gambling device" is: (i) any clock, tape machine, |
| 2 | | slot machine, or
other machines or device for the reception of |
| 3 | | money or other thing of value
on chance or skill or upon the |
| 4 | | action of which money or other thing of
value is staked, |
| 5 | | hazarded, bet, won, or lost; (ii) or any mechanism, furniture,
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| 6 | | fixture, equipment, or other device designed primarily for use |
| 7 | | in a gambling
place; or (iii) any vending or other electronic |
| 8 | | machine or device, including, without limitation, a machine or |
| 9 | | device that awards credits and contains a circuit, meter, or |
| 10 | | switch capable of removing and recording the removal of |
| 11 | | credits that offers a person entry into any contest, |
| 12 | | competition, sweepstakes, scheme, plan, or other selection |
| 13 | | process that involves or is dependent upon an element of |
| 14 | | chance for which the person may receive a gift, award, or other |
| 15 | | item or service of value if that offer is incidental to or |
| 16 | | results from: (A) the purchase of an item or service of value; |
| 17 | | or (B) the purchase or gratuitous receipt of a coupon, |
| 18 | | voucher, certificate, or other similar credit that can be |
| 19 | | redeemed for or applied towards an item or service of value |
| 20 | | from such machine or device or elsewhere. A "gambling device" |
| 21 | | does not include:
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| 22 | | (1) A coin-in-the-slot operated mechanical device |
| 23 | | played for amusement
which rewards the player with the |
| 24 | | right to replay such mechanical device,
which device is so |
| 25 | | constructed or devised as to make such result of the
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| 26 | | operation thereof depend in part upon the skill of the |
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| 1 | | player and which
returns to the player thereof no money, |
| 2 | | property, or right to receive money
or property.
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| 3 | | (2) Except as otherwise provided in this subsection |
| 4 | | (a), a vending machine Vending machines by which full and |
| 5 | | adequate return is made for the
money invested and in |
| 6 | | which there is no element of chance or hazard.
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| 7 | | (3) A crane game. For the purposes of this paragraph |
| 8 | | (3), a "crane
game" is an amusement device involving |
| 9 | | skill, if it rewards the player
exclusively with |
| 10 | | merchandise contained within the amusement device proper
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| 11 | | and limited to toys, novelties, and prizes other than |
| 12 | | currency, each having
a wholesale value which is not more |
| 13 | | than $25.
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| 14 | | (4) A redemption machine. For the purposes of this |
| 15 | | paragraph (4), a
"redemption machine" is a single-player |
| 16 | | or multi-player amusement device
involving a game, the |
| 17 | | object of which is throwing, rolling, bowling,
shooting, |
| 18 | | placing, or propelling a ball or other object that is |
| 19 | | either physical or computer generated on a display or with |
| 20 | | lights into, upon, or
against a hole or other target that |
| 21 | | is either physical or computer generated on a display or |
| 22 | | with lights, or stopping, by physical, mechanical, or |
| 23 | | electronic means, a moving object that is either physical |
| 24 | | or computer generated on a display or with lights into, |
| 25 | | upon, or
against a hole or other target that is either |
| 26 | | physical or computer generated on a display or with |
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| 1 | | lights, provided that all of the following
conditions are |
| 2 | | met:
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| 3 | | (A) The outcome of the game is predominantly |
| 4 | | determined by the
skill of the player.
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| 5 | | (B) The award of the prize is based solely upon the |
| 6 | | player's
achieving the object of the game or otherwise |
| 7 | | upon the player's score.
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| 8 | | (C) Only merchandise prizes are awarded.
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| 9 | | (D) The wholesale value of prizes awarded in lieu |
| 10 | | of tickets
or tokens for single play of the device does |
| 11 | | not exceed $25.
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| 12 | | (E) The redemption value of tickets, tokens, and |
| 13 | | other representations
of value, which may be |
| 14 | | accumulated by players to redeem prizes of greater
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| 15 | | value, for a single play of the device does not exceed |
| 16 | | $25.
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| 17 | | (5) Video gaming terminals at a licensed |
| 18 | | establishment, licensed truck stop establishment,
licensed |
| 19 | | large truck stop establishment, licensed
fraternal |
| 20 | | establishment, or licensed veterans establishment licensed |
| 21 | | in accordance with the Video Gaming Act. |
| 22 | | (a-5) "Internet" means an interactive computer service or |
| 23 | | system or an
information service, system, or access software |
| 24 | | provider that provides or
enables computer access by multiple |
| 25 | | users to a computer server, and includes,
but is not limited |
| 26 | | to, an information service, system, or access software
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| 1 | | provider that provides access to a network system commonly |
| 2 | | known as the
Internet, or any comparable system or service and |
| 3 | | also includes, but is not
limited to, a World Wide Web page, |
| 4 | | newsgroup, message board, mailing list, or
chat area on any |
| 5 | | interactive computer service or system or other online
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| 6 | | service.
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| 7 | | (a-6) "Access" has the meaning ascribed to the term in |
| 8 | | Section 17-55.
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| 9 | | (a-7) "Computer" has the meaning ascribed to the term in |
| 10 | | Section 17-0.5. |
| 11 | | (b) A "lottery" is any scheme or procedure whereby one or |
| 12 | | more prizes
are distributed by chance among persons who have |
| 13 | | paid or promised
consideration for a chance to win such |
| 14 | | prizes, whether such scheme or
procedure is called a lottery, |
| 15 | | raffle, gift, sale, or some other name, excluding savings |
| 16 | | promotion raffles authorized under Section 5g of the Illinois |
| 17 | | Banking Act, Section 7008 of the Savings Bank Act, Section |
| 18 | | 42.7 of the Illinois Credit Union Act, Section 5136B of the |
| 19 | | National Bank Act (12 U.S.C. 25a), or Section 4 of the Home |
| 20 | | Owners' Loan Act (12 U.S.C. 1463).
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| 21 | | (c) A "policy game" is any scheme or procedure whereby a |
| 22 | | person promises
or guarantees by any instrument, bill, |
| 23 | | certificate, writing, token, or other
device that any |
| 24 | | particular number, character, ticket, or certificate shall
in |
| 25 | | the event of any contingency in the nature of a lottery entitle |
| 26 | | the
purchaser or holder to receive money, property, or |