Bill Text: IL HB5017 | 2013-2014 | 98th General Assembly | Engrossed
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-Engrossed.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-Engrossed.html
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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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Charitable Games Act is amended by changing | ||||||
5 | Sections 4, 5.1, and 8 as follows:
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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 | ||||||
17 | charge of and primarily responsible for the
conduct of the | ||||||
18 | charitable games. The person so designated shall be
present | ||||||
19 | on the premises continuously during charitable games.
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20 | (2) The license application shall be prepared by the | ||||||
21 | prospective
licensee organization or its duly authorized | ||||||
22 | representative in accordance
with the
rules of the | ||||||
23 | Department of Revenue.
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1 | (2.1) The organization shall maintain among its books | ||||||
2 | and records a list of the names,
addresses, social security | ||||||
3 | numbers, and dates of birth of all persons who will
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4 | participate in the management or operation of the games, | ||||||
5 | along with a sworn
statement made under penalties of | ||||||
6 | perjury, signed by a person listed on the application as an | ||||||
7 | owner, officer, or other person in charge of the necessary | ||||||
8 | day-to-day operations, that the persons listed as | ||||||
9 | participating in the
management or operation of the games | ||||||
10 | are bona fide members, volunteers as
defined in Section 2, | ||||||
11 | or employees of the applicant, that these persons have
not
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12 | participated in the management or operation of more than 12 | ||||||
13 | charitable games
events conducted by any licensee in the | ||||||
14 | calendar year, and that these persons
will receive no | ||||||
15 | remuneration or compensation, directly or indirectly from | ||||||
16 | any
source, for participating in the management or | ||||||
17 | operation of the games. Any
amendments to this listing must | ||||||
18 | contain an identical sworn statement.
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19 | (2.2) (Blank).
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20 | (3) Each license shall state the date, hours and
at | ||||||
21 | what
locations the licensee is permitted to conduct | ||||||
22 | charitable games.
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23 | (4) Each licensee shall file a copy of the license with | ||||||
24 | each
police
department or, if in unincorporated areas, each | ||||||
25 | sheriff's office whose
jurisdiction includes the premises | ||||||
26 | on which the charitable games are
authorized under the |
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1 | license.
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2 | (5) The licensee shall prominently display the license | ||||||
3 | in the
area where the licensee is to conduct charitable | ||||||
4 | games. The licensee shall likewise display, in the form and | ||||||
5 | manner prescribed by the Department, the provisions of | ||||||
6 | Section 9 of this Act.
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7 | (6) (Blank).
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8 | (7) (Blank).
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9 | (8) A license is not assignable or transferable.
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10 | (9) Unless the premises for conducting charitable | ||||||
11 | games are provided by
a
municipality, the Department shall | ||||||
12 | not issue a license
permitting a
person, firm
or | ||||||
13 | corporation to sponsor a charitable games night if the | ||||||
14 | premises for the
conduct of the charitable games has been | ||||||
15 | previously used for 12
charitable
games nights during the | ||||||
16 | previous 12 months.
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17 | (10) Auxiliary organizations of a licensee shall not be
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18 | eligible for a
license to conduct charitable games, except | ||||||
19 | for auxiliary organizations
of veterans organizations as | ||||||
20 | authorized in Section 2.
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21 | (11) Charitable games must be conducted in accordance | ||||||
22 | with
local
building and fire code requirements.
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23 | (12) The licensee shall consent to allowing the | ||||||
24 | Department's
employees
to be present on the premises | ||||||
25 | wherein the charitable games are conducted
and to inspect | ||||||
26 | or test equipment, devices and supplies used in the conduct
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1 | of the game.
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2 | Nothing in this Section shall be construed to prohibit a | ||||||
3 | licensee that
conducts charitable games on its own premises | ||||||
4 | from also obtaining a
providers' license in accordance with | ||||||
5 | Section 5.1.
The maximum number of charitable games events that | ||||||
6 | may be held in any one
premises is limited to no more than 12 | ||||||
7 | charitable games events per calendar year one charitable games | ||||||
8 | event per month .
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9 | (Source: P.A. 98-377, eff. 1-1-14.)
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10 | (230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
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11 | Sec. 5.1. If a licensee conducts charitable games on its | ||||||
12 | own premises,
the licensee may also obtain a providers' license | ||||||
13 | in accordance with
Section 5 to allow the licensee to rent or | ||||||
14 | otherwise provide its
premises to another licensee for the | ||||||
15 | conducting of an additional 4
charitable games events. The | ||||||
16 | maximum number of charitable games events that
may be held at | ||||||
17 | any one premises is limited to 12 8 charitable games events per
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18 | calendar year.
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19 | (Source: P.A. 94-986, eff. 6-30-06.)
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20 | (230 ILCS 30/8) (from Ch. 120, par. 1128)
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21 | Sec. 8. The conducting of charitable games is subject to | ||||||
22 | the following
restrictions:
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23 | (1) The entire net proceeds from charitable games must | ||||||
24 | be exclusively
devoted to the lawful purposes of the |
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1 | organization permitted to conduct
that game.
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2 | (2) No person except a bona fide member or employee of | ||||||
3 | the
sponsoring organization, or a volunteer recruited by | ||||||
4 | the sponsoring
organization, may participate in the | ||||||
5 | management or operation of the
game.
A person participates | ||||||
6 | in the management or operation of a charitable game
when he | ||||||
7 | or she sells admission tickets at the event; sells, | ||||||
8 | redeems, or in any
way assists in the selling or redeeming | ||||||
9 | of chips, scrip, or play money;
participates in the
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10 | conducting of any of the games played during the event, or | ||||||
11 | supervises, directs
or instructs anyone conducting a game; | ||||||
12 | or at any time during the hours of the
charitable games | ||||||
13 | event counts, handles, or supervises anyone counting or
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14 | handling any of the proceeds or chips, scrip, or play money | ||||||
15 | at the event. A
person who is present to
ensure that the | ||||||
16 | games are being conducted in conformance with the rules
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17 | established by the licensed organization or is present to | ||||||
18 | insure that the
equipment is working
properly is considered | ||||||
19 | to be participating in the management or operation of a
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20 | game. Setting up, cleaning up, selling food and drink, or | ||||||
21 | providing security
for persons or property at the event | ||||||
22 | does not constitute participation in the
management or | ||||||
23 | operation of the game.
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24 | Only bona fide members, volunteers as defined in | ||||||
25 | Section 2 of this Act, and
employees of the sponsoring | ||||||
26 | organization may participate in the management or
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1 | operation of the games. Participation in the management or
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2 | operation
of the games is limited to no more than 12 | ||||||
3 | charitable games events, either of the sponsoring | ||||||
4 | organization or any other licensed organization, during a | ||||||
5 | calendar year.
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6 | (3) No person may receive any remuneration or | ||||||
7 | compensation either
directly or
indirectly from any source | ||||||
8 | for
participating in the management or operation of the | ||||||
9 | game.
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10 | (4) No single bet at any house-banked game may exceed | ||||||
11 | $20.
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12 | (5) A bank shall be established on the premises to | ||||||
13 | convert currency into
chips, scrip, or other form of play | ||||||
14 | money which shall then be used to play
at
games of chance | ||||||
15 | which the participant chooses. Chips, scrip, or play money
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16 | must be permanently monogrammed with the supplier license | ||||||
17 | number or logo or charitable games license number of a | ||||||
18 | licensed organization or of the
supplier. Each participant | ||||||
19 | must be issued a receipt indicating the amount
of chips, | ||||||
20 | scrip, or play money purchased.
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21 | (6) At the conclusion of the event or when the | ||||||
22 | participant leaves, he or she
may cash in his or her chips, | ||||||
23 | scrip, or play money in exchange for currency not to
exceed | ||||||
24 | $500 in cash winnings or unlimited noncash prizes. Each | ||||||
25 | participant shall sign for any receipt
of prizes. The | ||||||
26 | licensee shall provide the Department of Revenue with a
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1 | listing of all prizes awarded, including the retail value | ||||||
2 | of all prizes awarded.
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3 | (7) Each licensee shall be permitted to conduct | ||||||
4 | charitable games on
not more than 4 days each year. Nothing | ||||||
5 | in this Section shall be construed to prohibit a licensee | ||||||
6 | that conducts charitable games on its own premises from | ||||||
7 | also obtaining a providers' license in accordance with | ||||||
8 | Section 7 of this Act.
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9 | (8) Unless the provider of the premises is a | ||||||
10 | municipality, the
provider of the premises may not rent or | ||||||
11 | otherwise provide the
premises for the conducting of more | ||||||
12 | than 12 charitable games nights per calendar year one | ||||||
13 | charitable games night per month .
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14 | (9) A charitable games event is considered to be a | ||||||
15 | one-day event and charitable games may not be played | ||||||
16 | between the hours of 2:00 a.m.
and noon.
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17 | (10) No person under the age of 18 years may play or | ||||||
18 | participate in the
conducting of charitable games. Any | ||||||
19 | person under the age of 18 years
may be within the area | ||||||
20 | where charitable games are being played only
when | ||||||
21 | accompanied by his parent or guardian.
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22 | (11) No one other than the sponsoring organization
of | ||||||
23 | charitable games must have a proprietary
interest in the | ||||||
24 | game promoted.
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25 | (12) Raffles or other forms of gambling prohibited by | ||||||
26 | law shall not be
conducted on the premises where charitable |
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1 | games are being conducted.
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2 | (13) Such games are not expressly prohibited by county
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3 | ordinance for
charitable games conducted in the | ||||||
4 | unincorporated areas of the county or
municipal ordinance | ||||||
5 | for charitable games conducted in the municipality and
the | ||||||
6 | ordinance is filed with the Department of Revenue. The | ||||||
7 | Department
shall provide each county or municipality with a | ||||||
8 | list of organizations
licensed or subsequently authorized | ||||||
9 | by the Department to conduct
charitable games in their | ||||||
10 | jurisdiction.
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11 | (14) The sale of tangible personal property at | ||||||
12 | charitable games is
subject to all State and local taxes | ||||||
13 | and obligations.
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14 | (15) Each licensee may offer or conduct only the games
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15 | listed
below,
which must be conducted in accordance with
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16 | rules posted by the organization. The organization | ||||||
17 | sponsoring charitable
games shall promulgate rules, and | ||||||
18 | make printed copies available to
participants, for the | ||||||
19 | following games: (a) roulette; (b) blackjack; (c)
poker; | ||||||
20 | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; | ||||||
21 | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) | ||||||
22 | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) | ||||||
23 | merchandise wheel. A licensee need not offer or
conduct | ||||||
24 | every game permitted by law.
The conducting of games not | ||||||
25 | listed above is prohibited by this Act.
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26 | (16) No slot machines or coin-in-the-slot-operated |
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1 | devices
that allow a participant to play games of chance | ||||||
2 | shall be permitted to be used at the location and during | ||||||
3 | the time at which the charitable games are being conducted. | ||||||
4 | However, establishments that have video gaming terminals | ||||||
5 | licensed under the Video Gaming Act may operate them along | ||||||
6 | with charitable games under rules adopted by the | ||||||
7 | Department.
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8 | (17) No cards, dice, wheels, or other equipment may be | ||||||
9 | modified or
altered
so as to give the licensee a greater | ||||||
10 | advantage in winning, other than as
provided under the | ||||||
11 | normal rules of play of a particular game.
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12 | (18) No credit shall be extended to any of the | ||||||
13 | participants.
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14 | (19) (Blank).
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15 | (20) A supplier may have only one representative | ||||||
16 | present at the charitable
games event, for the exclusive | ||||||
17 | purpose of ensuring that its equipment is not
damaged.
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18 | (21) No employee, owner, or officer of a consultant | ||||||
19 | service hired by a
licensed organization to perform | ||||||
20 | services at the event including, but not
limited to, | ||||||
21 | security for
persons or property at the event or services | ||||||
22 | before the event including, but
not limited to, training | ||||||
23 | for volunteers
or advertising may participate in the | ||||||
24 | management or operation of the games.
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25 | (22) (Blank).
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26 | (Source: P.A. 98-377, eff. 1-1-14.)
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