Bill Text: IL HB5017 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1071 [HB5017 Detail]
Download: Illinois-2013-HB5017-Amended.html
Bill Title: Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1071 [HB5017 Detail]
Download: Illinois-2013-HB5017-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5017
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2 | AMENDMENT NO. ______. Amend House Bill 5017 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 4, 5.1, and 8 as follows:
| ||||||
6 | (230 ILCS 30/4) (from Ch. 120, par. 1124)
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7 | Sec. 4. Licensing Restrictions. Licensing for the | ||||||
8 | conducting of
charitable games is subject to the following | ||||||
9 | restrictions:
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10 | (1) The license application, when submitted to the | ||||||
11 | Department of Revenue,
must contain a sworn statement | ||||||
12 | attesting to the not-for-profit character
of the | ||||||
13 | prospective licensee organization, signed by a person | ||||||
14 | listed on the application as an owner, officer, or other | ||||||
15 | person in charge of the necessary day-to-day operations. | ||||||
16 | The application shall contain the
name of the person in |
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1 | charge of and primarily responsible for the
conduct of the | ||||||
2 | charitable games. The person so designated shall be
present | ||||||
3 | on the premises continuously during charitable games.
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4 | (2) The license application shall be prepared by the | ||||||
5 | prospective
licensee organization or its duly authorized | ||||||
6 | representative in accordance
with the
rules of the | ||||||
7 | Department of Revenue.
| ||||||
8 | (2.1) The organization shall maintain among its books | ||||||
9 | and records a list of the names,
addresses, social security | ||||||
10 | numbers, and dates of birth of all persons who will
| ||||||
11 | participate in the management or operation of the games, | ||||||
12 | along with a sworn
statement made under penalties of | ||||||
13 | perjury, signed by a person listed on the application as an | ||||||
14 | owner, officer, or other person in charge of the necessary | ||||||
15 | day-to-day operations, that the persons listed as | ||||||
16 | participating in the
management or operation of the games | ||||||
17 | are bona fide members, volunteers as
defined in Section 2, | ||||||
18 | or employees of the applicant, that these persons have
not
| ||||||
19 | participated in the management or operation of more than 12 | ||||||
20 | charitable games
events conducted by any licensee in the | ||||||
21 | calendar year, and that these persons
will receive no | ||||||
22 | remuneration or compensation, directly or indirectly from | ||||||
23 | any
source, for participating in the management or | ||||||
24 | operation of the games. Any
amendments to this listing must | ||||||
25 | contain an identical sworn statement.
| ||||||
26 | (2.2) (Blank).
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1 | (3) Each license shall state the date, hours and
at | ||||||
2 | what
locations the licensee is permitted to conduct | ||||||
3 | charitable games.
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4 | (4) Each licensee shall file a copy of the license with | ||||||
5 | each
police
department or, if in unincorporated areas, each | ||||||
6 | sheriff's office whose
jurisdiction includes the premises | ||||||
7 | on which the charitable games are
authorized under the | ||||||
8 | license.
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9 | (5) The licensee shall prominently display the license | ||||||
10 | in the
area where the licensee is to conduct charitable | ||||||
11 | games. The licensee shall likewise display, in the form and | ||||||
12 | manner prescribed by the Department, the provisions of | ||||||
13 | Section 9 of this Act.
| ||||||
14 | (6) (Blank).
| ||||||
15 | (7) (Blank).
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16 | (8) A license is not assignable or transferable.
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17 | (9) Unless the premises for conducting charitable | ||||||
18 | games are provided by
a
municipality, the Department shall | ||||||
19 | not issue a license
permitting a
person, firm
or | ||||||
20 | corporation to sponsor a charitable games night if the | ||||||
21 | premises for the
conduct of the charitable games has been | ||||||
22 | previously used for 12
charitable
games nights during the | ||||||
23 | previous 12 months.
| ||||||
24 | (10) Auxiliary organizations of a licensee shall not be
| ||||||
25 | eligible for a
license to conduct charitable games, except | ||||||
26 | for auxiliary organizations
of veterans organizations as |
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1 | authorized in Section 2.
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2 | (11) Charitable games must be conducted in accordance | ||||||
3 | with
local
building and fire code requirements.
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4 | (12) The licensee shall consent to allowing the | ||||||
5 | Department's
employees
to be present on the premises | ||||||
6 | wherein the charitable games are conducted
and to inspect | ||||||
7 | or test equipment, devices and supplies used in the conduct
| ||||||
8 | of the game.
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9 | Nothing in this Section shall be construed to prohibit a | ||||||
10 | licensee that
conducts charitable games on its own premises | ||||||
11 | from also obtaining a
providers' license in accordance with | ||||||
12 | Section 5.1.
The maximum number of charitable games events that | ||||||
13 | may be held in any one
premises is limited to no more than 12 | ||||||
14 | charitable games events per calendar year one charitable games | ||||||
15 | event per month .
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16 | (Source: P.A. 98-377, eff. 1-1-14.)
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17 | (230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
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18 | Sec. 5.1. If a licensee conducts charitable games on its | ||||||
19 | own premises,
the licensee may also obtain a providers' license | ||||||
20 | in accordance with
Section 5 to allow the licensee to rent or | ||||||
21 | otherwise provide its
premises to another licensee for the | ||||||
22 | conducting of an additional 4
charitable games events. The | ||||||
23 | maximum number of charitable games events that
may be held at | ||||||
24 | any one premises is limited to 12 8 charitable games events per
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25 | calendar year.
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1 | (Source: P.A. 94-986, eff. 6-30-06.)
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2 | (230 ILCS 30/8) (from Ch. 120, par. 1128)
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3 | Sec. 8. The conducting of charitable games is subject to | ||||||
4 | the following
restrictions:
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5 | (1) The entire net proceeds from charitable games must | ||||||
6 | be exclusively
devoted to the lawful purposes of the | ||||||
7 | organization permitted to conduct
that game.
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8 | (2) No person except a bona fide member or employee of | ||||||
9 | the
sponsoring organization, or a volunteer recruited by | ||||||
10 | the sponsoring
organization, may participate in the | ||||||
11 | management or operation of the
game.
A person participates | ||||||
12 | in the management or operation of a charitable game
when he | ||||||
13 | or she sells admission tickets at the event; sells, | ||||||
14 | redeems, or in any
way assists in the selling or redeeming | ||||||
15 | of chips, scrip, or play money;
participates in the
| ||||||
16 | conducting of any of the games played during the event, or | ||||||
17 | supervises, directs
or instructs anyone conducting a game; | ||||||
18 | or at any time during the hours of the
charitable games | ||||||
19 | event counts, handles, or supervises anyone counting or
| ||||||
20 | handling any of the proceeds or chips, scrip, or play money | ||||||
21 | at the event. A
person who is present to
ensure that the | ||||||
22 | games are being conducted in conformance with the rules
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23 | established by the licensed organization or is present to | ||||||
24 | insure that the
equipment is working
properly is considered | ||||||
25 | to be participating in the management or operation of a
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1 | game. Setting up, cleaning up, selling food and drink, or | ||||||
2 | providing security
for persons or property at the event | ||||||
3 | does not constitute participation in the
management or | ||||||
4 | operation of the game.
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5 | Only bona fide members, volunteers as defined in | ||||||
6 | Section 2 of this Act, and
employees of the sponsoring | ||||||
7 | organization may participate in the management or
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8 | operation of the games. Participation in the management or
| ||||||
9 | operation
of the games is limited to no more than 12 | ||||||
10 | charitable games events, either of the sponsoring | ||||||
11 | organization or any other licensed organization, during a | ||||||
12 | calendar year.
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13 | (3) No person may receive any remuneration or | ||||||
14 | compensation either
directly or
indirectly from any source | ||||||
15 | for
participating in the management or operation of the | ||||||
16 | game.
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17 | (4) No single bet at any house-banked game may exceed | ||||||
18 | $20.
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19 | (5) A bank shall be established on the premises to | ||||||
20 | convert currency into
chips, scrip, or other form of play | ||||||
21 | money which shall then be used to play
at
games of chance | ||||||
22 | which the participant chooses. Chips, scrip, or play money
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23 | must be permanently monogrammed with the supplier license | ||||||
24 | number or logo or charitable games license number of a | ||||||
25 | licensed organization or of the
supplier. Each participant | ||||||
26 | must be issued a receipt indicating the amount
of chips, |
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1 | scrip, or play money purchased.
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2 | (6) At the conclusion of the event or when the | ||||||
3 | participant leaves, he or she
may cash in his or her chips, | ||||||
4 | scrip, or play money in exchange for currency not to
exceed | ||||||
5 | $500 in cash winnings or unlimited noncash prizes. Each | ||||||
6 | participant shall sign for any receipt
of prizes. The | ||||||
7 | licensee shall provide the Department of Revenue with a
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8 | listing of all prizes awarded, including the retail value | ||||||
9 | of all prizes awarded.
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10 | (7) Each licensee shall be permitted to conduct | ||||||
11 | charitable games on
not more than 4 days each year. Nothing | ||||||
12 | in this Section shall be construed to prohibit a licensee | ||||||
13 | that conducts charitable games on its own premises from | ||||||
14 | also obtaining a providers' license in accordance with | ||||||
15 | Section 7 of this Act.
| ||||||
16 | (8) Unless the provider of the premises is a | ||||||
17 | municipality, the
provider of the premises may not rent or | ||||||
18 | otherwise provide the
premises for the conducting of more | ||||||
19 | than 12 charitable games nights per calendar year one | ||||||
20 | charitable games night per month .
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21 | (9) A charitable games event is considered to be a | ||||||
22 | one-day event and charitable games may not be played | ||||||
23 | between the hours of 2:00 a.m.
and noon.
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24 | (10) No person under the age of 18 years may play or | ||||||
25 | participate in the
conducting of charitable games. Any | ||||||
26 | person under the age of 18 years
may be within the area |
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1 | where charitable games are being played only
when | ||||||
2 | accompanied by his parent or guardian.
| ||||||
3 | (11) No one other than the sponsoring organization
of | ||||||
4 | charitable games must have a proprietary
interest in the | ||||||
5 | game promoted.
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6 | (12) Raffles or other forms of gambling prohibited by | ||||||
7 | law shall not be
conducted on the premises where charitable | ||||||
8 | games are being conducted.
| ||||||
9 | (13) Such games are not expressly prohibited by county
| ||||||
10 | ordinance for
charitable games conducted in the | ||||||
11 | unincorporated areas of the county or
municipal ordinance | ||||||
12 | for charitable games conducted in the municipality and
the | ||||||
13 | ordinance is filed with the Department of Revenue. The | ||||||
14 | Department
shall provide each county or municipality with a | ||||||
15 | list of organizations
licensed or subsequently authorized | ||||||
16 | by the Department to conduct
charitable games in their | ||||||
17 | jurisdiction.
| ||||||
18 | (14) The sale of tangible personal property at | ||||||
19 | charitable games is
subject to all State and local taxes | ||||||
20 | and obligations.
| ||||||
21 | (15) Each licensee may offer or conduct only the games
| ||||||
22 | listed
below,
which must be conducted in accordance with
| ||||||
23 | rules posted by the organization. The organization | ||||||
24 | sponsoring charitable
games shall promulgate rules, and | ||||||
25 | make printed copies available to
participants, for the | ||||||
26 | following games: (a) roulette; (b) blackjack; (c)
poker; |
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| |||||||
1 | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||||||
2 | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | ||||||
3 | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | ||||||
4 | merchandise wheel. A licensee need not offer or
conduct | ||||||
5 | every game permitted by law.
The conducting of games not | ||||||
6 | listed above is prohibited by this Act.
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7 | (16) No slot machines or coin-in-the-slot-operated | ||||||
8 | devices
that allow a participant to play games of chance | ||||||
9 | shall be permitted to be used at the location and during | ||||||
10 | the time at which the charitable games are being conducted. | ||||||
11 | However, establishments that have video gaming terminals | ||||||
12 | licensed under the Video Gaming Act may operate them along | ||||||
13 | with charitable games under rules adopted by the | ||||||
14 | Department.
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15 | (17) No cards, dice, wheels, or other equipment may be | ||||||
16 | modified or
altered
so as to give the licensee a greater | ||||||
17 | advantage in winning, other than as
provided under the | ||||||
18 | normal rules of play of a particular game.
| ||||||
19 | (18) No credit shall be extended to any of the | ||||||
20 | participants.
| ||||||
21 | (19) (Blank).
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22 | (20) A supplier may have only one representative | ||||||
23 | present at the charitable
games event, for the exclusive | ||||||
24 | purpose of ensuring that its equipment is not
damaged.
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25 | (21) No employee, owner, or officer of a consultant | ||||||
26 | service hired by a
licensed organization to perform |
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1 | services at the event including, but not
limited to, | ||||||
2 | security for
persons or property at the event or services | ||||||
3 | before the event including, but
not limited to, training | ||||||
4 | for volunteers
or advertising may participate in the | ||||||
5 | management or operation of the games.
| ||||||
6 | (22) (Blank).
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7 | (Source: P.A. 98-377, eff. 1-1-14.)
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8 | Section 10. The Video Gaming
Act is amended by changing | ||||||
9 | Sections 25, 55, and 58 and by adding Section 59 as follows:
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10 | (230 ILCS 40/25)
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11 | Sec. 25. Restriction of licensees.
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12 | (a) Manufacturer. A person may not be licensed as a | ||||||
13 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
14 | person has a valid
manufacturer's license issued
under this | ||||||
15 | Act. A manufacturer may only sell video gaming terminals for | ||||||
16 | use
in Illinois to
persons having a valid distributor's | ||||||
17 | license.
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18 | (b) Distributor. A person may not sell, distribute, or | ||||||
19 | lease
or market a video gaming terminal in Illinois unless the | ||||||
20 | person has a valid
distributor's
license issued under this Act. | ||||||
21 | A distributor may only sell video gaming
terminals for use in
| ||||||
22 | Illinois to persons having a valid distributor's or terminal | ||||||
23 | operator's
license.
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24 | (c) Terminal operator. A person may not own, maintain, or |
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1 | place a video gaming terminal unless he has a valid terminal | ||||||
2 | operator's
license issued
under this Act. A terminal operator | ||||||
3 | may only place video gaming terminals for
use in
Illinois in | ||||||
4 | licensed establishments, licensed truck stop establishments, | ||||||
5 | licensed fraternal establishments,
and
licensed veterans | ||||||
6 | establishments.
No terminal operator may give anything of | ||||||
7 | value, including but not limited to
a loan or financing | ||||||
8 | arrangement, to a licensed establishment, licensed truck stop | ||||||
9 | establishment,
licensed fraternal establishment, or licensed | ||||||
10 | veterans establishment as
any incentive or inducement to locate | ||||||
11 | video terminals in that establishment.
Of the after-tax profits
| ||||||
12 | from a video gaming terminal, 50% shall be paid to the terminal
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13 | operator and 50% shall be paid to the licensed establishment, | ||||||
14 | licensed truck stop establishment,
licensed fraternal | ||||||
15 | establishment, or
licensed veterans establishment, | ||||||
16 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
17 | operator that violates one or more requirements of this | ||||||
18 | subsection is guilty of a Class 4 felony and is subject to | ||||||
19 | termination of his or her license by the Board.
| ||||||
20 | (d) Licensed technician. A person may not service, | ||||||
21 | maintain, or repair a
video gaming terminal
in this State | ||||||
22 | unless he or she (1) has a valid technician's license issued
| ||||||
23 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
24 | by a terminal
operator, distributor, or manufacturer.
| ||||||
25 | (d-5) Licensed terminal handler. No person, including, but | ||||||
26 | not limited to, an employee or independent contractor working |
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| |||||||
1 | for a manufacturer, distributor, supplier, technician, or | ||||||
2 | terminal operator licensed pursuant to this Act, shall have | ||||||
3 | possession or control of a video gaming terminal, or access to | ||||||
4 | the inner workings of a video gaming terminal, unless that | ||||||
5 | person possesses a valid terminal handler's license issued | ||||||
6 | under this Act. | ||||||
7 | (e) Licensed establishment. No video gaming terminal may be | ||||||
8 | placed in any licensed establishment, licensed veterans | ||||||
9 | establishment, licensed truck stop establishment,
or licensed | ||||||
10 | fraternal establishment
unless the owner
or agent of the owner | ||||||
11 | of the licensed establishment, licensed veterans | ||||||
12 | establishment, licensed truck stop establishment, or licensed
| ||||||
13 | fraternal establishment has entered into a
written use | ||||||
14 | agreement with the terminal operator for placement of the
| ||||||
15 | terminals. A copy of the use agreement shall be on file in the | ||||||
16 | terminal
operator's place of business and available for | ||||||
17 | inspection by individuals
authorized by the Board. A licensed | ||||||
18 | establishment, licensed truck stop establishment, licensed | ||||||
19 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
20 | may operate up to 5 video gaming terminals on its premises at | ||||||
21 | any
time. A licensed truck stop establishment that is located | ||||||
22 | within 3 road miles from a freeway interchange, as measured in | ||||||
23 | accordance with the Illinois Department of Transportation's | ||||||
24 | rules regarding the criteria for the installation of business | ||||||
25 | signs, and that sells at retail more than 50,000 gallons of | ||||||
26 | diesel or biodiesel fuel per month may operate up to 10 video |
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| |||||||
1 | gaming terminals on its premises at any time. A licensed truck | ||||||
2 | stop establishment may meet the fuel sales requirement by | ||||||
3 | showing that estimated future sales or past sales average at | ||||||
4 | least 50,000 gallons per month. All other licensed truck stop | ||||||
5 | establishments may operate no more than 5 video gaming | ||||||
6 | terminals at any time.
| ||||||
7 | (f) (Blank).
| ||||||
8 | (g) Financial interest restrictions.
As used in this Act, | ||||||
9 | "substantial interest" in a partnership, a corporation, an
| ||||||
10 | organization, an association, a business, or a limited | ||||||
11 | liability company means:
| ||||||
12 | (A) When, with respect to a sole proprietorship, an | ||||||
13 | individual or
his or her spouse owns, operates, manages, or | ||||||
14 | conducts, directly
or indirectly, the organization, | ||||||
15 | association, or business, or any part thereof;
or
| ||||||
16 | (B) When, with respect to a partnership, the individual | ||||||
17 | or his or
her spouse shares in any of the profits, or | ||||||
18 | potential profits,
of the partnership activities; or
| ||||||
19 | (C) When, with respect to a corporation, an individual | ||||||
20 | or his or her
spouse is an officer or director, or the | ||||||
21 | individual or his or her spouse is a holder, directly or | ||||||
22 | beneficially, of 5% or more of any class
of stock of the | ||||||
23 | corporation; or
| ||||||
24 | (D) When, with respect to an organization not covered | ||||||
25 | in (A), (B) or
(C) above, an individual or his or her | ||||||
26 | spouse is an officer or manages the
business affairs, or |
| |||||||
| |||||||
1 | the individual or his or her spouse is the
owner of or | ||||||
2 | otherwise controls 10% or more of the assets of the | ||||||
3 | organization;
or
| ||||||
4 | (E) When an individual or his or her spouse furnishes
| ||||||
5 | 5% or more of the capital, whether in cash, goods, or | ||||||
6 | services, for the
operation of any business, association, | ||||||
7 | or organization during any calendar
year; or | ||||||
8 | (F) When, with respect to a limited liability company, | ||||||
9 | an individual or his or her
spouse is a member, or the | ||||||
10 | individual or his or her spouse is a holder, directly or | ||||||
11 | beneficially, of 5% or more of the membership interest of | ||||||
12 | the limited liability company.
| ||||||
13 | For purposes of this subsection (g), "individual" includes | ||||||
14 | all individuals or their spouses whose combined interest would | ||||||
15 | qualify as a substantial interest under this subsection (g) and | ||||||
16 | whose activities with respect to an organization, association, | ||||||
17 | or business are so closely aligned or coordinated as to | ||||||
18 | constitute the activities of a single entity. | ||||||
19 | (h) Location restriction. A licensed establishment, | ||||||
20 | licensed truck stop establishment, licensed
fraternal
| ||||||
21 | establishment, or licensed veterans establishment that is (i) | ||||||
22 | located within 1,000
feet of a facility operated by an | ||||||
23 | organization licensee licensed under the Illinois Horse Racing | ||||||
24 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
25 | Riverboat
Gambling Act or (ii) located within 100 feet of a | ||||||
26 | school or a place of worship under the Religious Corporation |
| |||||||
| |||||||
1 | Act, is ineligible to operate a video gaming terminal. The | ||||||
2 | location restrictions in this subsection (h) do not apply if | ||||||
3 | (A) a facility operated by an organization licensee, a school, | ||||||
4 | or a place of worship moves to or is established within the | ||||||
5 | restricted area after a licensed establishment, licensed truck | ||||||
6 | stop establishment, licensed fraternal establishment, or | ||||||
7 | licensed veterans establishment becomes licensed under this | ||||||
8 | Act or (B) a school or place of worship moves to or is | ||||||
9 | established within the restricted area after a licensed | ||||||
10 | establishment, licensed truck stop establishment, licensed | ||||||
11 | fraternal establishment, or licensed veterans establishment | ||||||
12 | obtains its original liquor license. For the purpose of this | ||||||
13 | subsection, "school" means an elementary or secondary public | ||||||
14 | school, or an elementary or secondary private school registered | ||||||
15 | with or recognized by the State Board of Education. | ||||||
16 | Notwithstanding the provisions of this subsection (h), the | ||||||
17 | Board may waive the requirement that a licensed establishment, | ||||||
18 | licensed truck stop establishment, licensed fraternal | ||||||
19 | establishment, or licensed veterans establishment not be | ||||||
20 | located within 1,000 feet from a facility operated by an | ||||||
21 | organization licensee or licensed under the Illinois Horse | ||||||
22 | Racing Act of 1975 or the home dock of a riverboat licensed | ||||||
23 | under the Riverboat Gambling Act. The Board shall not grant | ||||||
24 | such waiver if there is any common ownership or control, shared | ||||||
25 | business activity, or contractual arrangement of any type | ||||||
26 | between the establishment and the organization licensee or |
| |||||||
| |||||||
1 | owners licensee of a riverboat. The Board shall adopt rules to | ||||||
2 | implement the provisions of this paragraph. | ||||||
3 | (i) Undue economic concentration. In addition to | ||||||
4 | considering all other requirements under this Act, in deciding | ||||||
5 | whether to approve the operation of video gaming terminals by a | ||||||
6 | terminal operator in a location, the Board shall consider the | ||||||
7 | impact of any economic concentration of such operation of video | ||||||
8 | gaming terminals. The Board shall not allow a terminal operator | ||||||
9 | to operate video gaming terminals if the Board determines such | ||||||
10 | operation will result in undue economic concentration. For | ||||||
11 | purposes of this Section, "undue economic concentration" means | ||||||
12 | that a terminal operator would have such actual or potential | ||||||
13 | influence over video gaming terminals in Illinois as to: | ||||||
14 | (1) substantially impede or suppress competition among | ||||||
15 | terminal operators; | ||||||
16 | (2) adversely impact the economic stability of the | ||||||
17 | video gaming industry in Illinois; or | ||||||
18 | (3) negatively impact the purposes of the Video Gaming | ||||||
19 | Act. | ||||||
20 | The Board shall adopt rules concerning undue economic | ||||||
21 | concentration with respect to the operation of video gaming | ||||||
22 | terminals in Illinois. The rules shall include, but not be | ||||||
23 | limited to, (i) limitations on the number of video gaming | ||||||
24 | terminals operated by any terminal operator within a defined | ||||||
25 | geographic radius and (ii) guidelines on the discontinuation of | ||||||
26 | operation of any such video gaming terminals the Board |
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1 | determines will cause undue economic concentration.
| ||||||
2 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
3 | and equally applicable to the activities of any licensee under | ||||||
4 | this Act.
| ||||||
5 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | ||||||
6 | eff. 7-15-13; 98-112, eff. 7-26-13; revised 10-17-13.)
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7 | (230 ILCS 40/55)
| ||||||
8 | Sec. 55. Precondition for licensed location. | ||||||
9 | (a) In all cases of
application for a licensed location,
to | ||||||
10 | operate a video gaming terminal,
each licensed establishment, | ||||||
11 | licensed
fraternal establishment, or licensed veterans
| ||||||
12 | establishment
shall
possess a valid liquor license issued by | ||||||
13 | the Illinois Liquor Control Commission
in effect at the time of | ||||||
14 | application
and at all times thereafter during which a video
| ||||||
15 | gaming terminal is made available to the public for play at | ||||||
16 | that location. Video gaming terminals in a licensed location | ||||||
17 | shall be
operated only during the same hours of operation | ||||||
18 | generally permitted to holders of a license under the Liquor | ||||||
19 | Control Act of 1934 within the unit of local government in | ||||||
20 | which they are located. A licensed truck stop establishment | ||||||
21 | that does not hold a liquor license may operate video gaming | ||||||
22 | terminals on a continuous basis. A licensed fraternal | ||||||
23 | establishment or licensed veterans establishment that does not | ||||||
24 | hold a liquor license may operate video gaming terminals if (i) | ||||||
25 | the establishment is located in a county with a population |
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| |||||||
1 | between 6,500 and 7,000, based on the 2000 U.S. Census, (ii) | ||||||
2 | the county prohibits by ordinance the sale of alcohol, and | ||||||
3 | (iii) the establishment is in a portion of the county where the | ||||||
4 | sale of alcohol is prohibited. A licensed fraternal | ||||||
5 | establishment or licensed veterans establishment
that does not | ||||||
6 | hold a liquor license may operate video gaming terminals
if (i) | ||||||
7 | the establishment is located in a municipality within a county | ||||||
8 | with a population
between 8,500 and 9,000 based on the 2000 | ||||||
9 | U.S. Census and (ii) the
municipality or county prohibits or | ||||||
10 | limits the sale of alcohol by ordinance in a way
that prohibits | ||||||
11 | the establishment from selling alcohol.
| ||||||
12 | (b) Beginning on the effective date of this amendatory Act | ||||||
13 | of the 98th General Assembly, the Board shall not grant a | ||||||
14 | license to operate as a licensed establishment to any | ||||||
15 | establishment that applies for such a license after the | ||||||
16 | effective date of this amendatory Act unless that establishment | ||||||
17 | can demonstrate that at least 60% or more of its gross annual | ||||||
18 | revenues, excluding video gaming revenues, are or will be | ||||||
19 | derived from food and beverage sales and that at least 50% of | ||||||
20 | all alcohol sales are consumed on the establishment's premises. | ||||||
21 | For any establishment that applies for a license to operate as | ||||||
22 | a licensed establishment and is granted such a license after | ||||||
23 | the effective date of this amendatory Act of the 98th General | ||||||
24 | Assembly, the Board shall not renew such license unless that | ||||||
25 | establishment can demonstrate that at least 60% or more of its | ||||||
26 | gross annual revenues, excluding video gaming revenues, are |
| |||||||
| |||||||
1 | derived from food and beverage sales and that least 50% of all | ||||||
2 | alcohol sales are consumed on the establishment's premises. | ||||||
3 | Each licensed establishment shall annually provide the Board | ||||||
4 | with a report showing its gross annual sales total and sales by | ||||||
5 | category, including food and beverage sales and on-premises and | ||||||
6 | off-premises alcohol sales. The Board may audit this report. If | ||||||
7 | the Board finds that a licensed establishment has sales of food | ||||||
8 | and beverage that is less than 60% of its gross annual | ||||||
9 | revenues, excluding video gaming revenues, or that less than | ||||||
10 | 50% of all alcohol sales were consumed on the establishment's | ||||||
11 | premises, the Board shall immediately revoke the licensed | ||||||
12 | establishment's license. At no time shall there be more than | ||||||
13 | 200 licensed establishments in Illinois with total revenues | ||||||
14 | from video gaming exceeding 80% of the licensed establishment's | ||||||
15 | gross annual revenues. Any licensed establishment that was | ||||||
16 | licensed or had an application submitted to the Board prior to | ||||||
17 | the effective date of this amendatory Act of the 98th General | ||||||
18 | Assembly shall not be required to demonstrate that at least 60% | ||||||
19 | or more of its gross annual revenues, excluding video gaming | ||||||
20 | revenues, are or will be derived from food and beverage sales | ||||||
21 | or that 50% or more of all alcohol sales are or will be | ||||||
22 | consumed on the establishment's premises as required by this | ||||||
23 | Section. This subsection (b) does not apply to any licensed | ||||||
24 | fraternal establishment, licensed veterans establishment, or a | ||||||
25 | bowling center or golf course that possesses a valid liquor | ||||||
26 | license issued by the Illinois Liquor Control Commission in |
| |||||||
| |||||||
1 | effect at the time of application and at all times thereafter. | ||||||
2 | For the purpose of this subsection, "bowling center" means a | ||||||
3 | building, facility, or a premises that provides an area | ||||||
4 | specifically designed to be used by the public for recreational | ||||||
5 | or competitive bowling, and "golf course" means an area | ||||||
6 | designated for the play or practice of the game of golf, | ||||||
7 | including surrounding grounds. | ||||||
8 | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10; | ||||||
9 | 97-594, eff. 8-26-11.)
| ||||||
10 | (230 ILCS 40/58)
| ||||||
11 | Sec. 58. Location of terminals. Video gaming terminals | ||||||
12 | must be located
in an area restricted to persons over 21 years | ||||||
13 | of age the entrance to which is within the view of at least one | ||||||
14 | employee, who is over 21 years of age, of the
establishment in | ||||||
15 | which they are located or, if a licensed truck stop | ||||||
16 | establishment, monitored through a closed circuit television | ||||||
17 | monitor located on the premises and within the direct view of | ||||||
18 | at least one employee, who is over 21 years of age. Beginning | ||||||
19 | on March 1, 2015, each licensed establishment, licensed truck | ||||||
20 | stop establishment, licensed fraternal establishment, and | ||||||
21 | licensed veterans establishment shall post a sign at the | ||||||
22 | entrance of each video gaming area stating (i) that only | ||||||
23 | persons over 21 years of age are allowed in the area, (ii) that | ||||||
24 | persons on the Board's self-exclusion list are prohibited from | ||||||
25 | entering the area, and (iii) information regarding obtaining |
| |||||||
| |||||||
1 | assistance with gambling problems. The exact text, font size, | ||||||
2 | and dimensions of the sign shall be determined by rule by the | ||||||
3 | Board . The placement of video gaming terminals in licensed | ||||||
4 | establishments, licensed truck stop establishments, licensed | ||||||
5 | fraternal establishments, and licensed veterans establishments | ||||||
6 | shall be subject to the rules promulgated by the Board pursuant | ||||||
7 | to the Illinois Administrative Procedure Act.
| ||||||
8 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)".
| ||||||
9 | (230 ILCS 40/59 new) | ||||||
10 | Sec. 59. Advertising and promoting video gaming. Any | ||||||
11 | advertising or promotional activities promoting video gaming | ||||||
12 | conducted by a licensed establishment, licensed fraternal | ||||||
13 | establishment, licensed veterans establishment, or licensed | ||||||
14 | truck stop establishment shall include a statement regarding | ||||||
15 | obtaining assistance with gambling problems, the text of which | ||||||
16 | shall be determined by rule by the Board.
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
|