Bill Text: IL HB0385 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Riverboat Gambling Act. Changes the short title to the Riverboat and Casino Gambling Act and changes corresponding references to the Act throughout the statutes. Authorizes license owners to conduct gambling operations on a riverboat or in a land-based casino.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0385 Detail]

Download: Illinois-2017-HB0385-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0385

Introduced , by Rep. David Harris

SYNOPSIS AS INTRODUCED:
See Index

Amends the Riverboat Gambling Act. Changes the short title to the Riverboat and Casino Gambling Act and changes corresponding references to the Act throughout the statutes. Authorizes license owners to conduct gambling operations on a riverboat or in a land-based casino.
LRB100 05884 MJP 15910 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB0385LRB100 05884 MJP 15910 b
1 AN ACT concerning gaming.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Section 5-20 as follows:
6 (20 ILCS 301/5-20)
7 Sec. 5-20. Compulsive gambling program.
8 (a) Subject to appropriation, the Department shall
9establish a program for public education, research, and
10training regarding problem and compulsive gambling and the
11treatment and prevention of problem and compulsive gambling.
12Subject to specific appropriation for these stated purposes,
13the program must include all of the following:
14 (1) Establishment and maintenance of a toll-free "800"
15 telephone number to provide crisis counseling and referral
16 services to families experiencing difficulty as a result of
17 problem or compulsive gambling.
18 (2) Promotion of public awareness regarding the
19 recognition and prevention of problem and compulsive
20 gambling.
21 (3) Facilitation, through in-service training and
22 other means, of the availability of effective assistance
23 programs for problem and compulsive gamblers.

HB0385- 2 -LRB100 05884 MJP 15910 b
1 (4) Conducting studies to identify adults and
2 juveniles in this State who are, or who are at risk of
3 becoming, problem or compulsive gamblers.
4 (b) Subject to appropriation, the Department shall either
5establish and maintain the program or contract with a private
6or public entity for the establishment and maintenance of the
7program. Subject to appropriation, either the Department or the
8private or public entity shall implement the toll-free
9telephone number, promote public awareness, and conduct
10in-service training concerning problem and compulsive
11gambling.
12 (c) Subject to appropriation, the Department shall produce
13and supply the signs specified in Section 10.7 of the Illinois
14Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
151975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
16of the Charitable Games Act, and Section 13.1 of the Riverboat
17and Casino Gambling Act.
18(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
19 Section 10. The Department of Revenue Law of the Civil
20Administrative Code of Illinois is amended by changing Section
212505-305 as follows:
22 (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
23 Sec. 2505-305. Investigators.
24 (a) The Department has the power to appoint investigators

HB0385- 3 -LRB100 05884 MJP 15910 b
1to conduct all investigations, searches, seizures, arrests,
2and other duties imposed under the provisions of any law
3administered by the Department. Except as provided in
4subsection (c), these investigators have and may exercise all
5the powers of peace officers solely for the purpose of
6enforcing taxing measures administered by the Department.
7 (b) The Director must authorize to each investigator
8employed under this Section and to any other employee of the
9Department exercising the powers of a peace officer a distinct
10badge that, on its face, (i) clearly states that the badge is
11authorized by the Department and (ii) contains a unique
12identifying number. No other badge shall be authorized by the
13Department.
14 (c) The Department may enter into agreements with the
15Illinois Gaming Board providing that investigators appointed
16under this Section shall exercise the peace officer powers set
17forth in paragraph (20.6) of subsection (c) of Section 5 of the
18Riverboat and Casino Gambling Act.
19(Source: P.A. 96-37, eff. 7-13-09.)
20 Section 15. The State Finance Act is amended by changing
21Section 6z-45 as follows:
22 (30 ILCS 105/6z-45)
23 Sec. 6z-45. The School Infrastructure Fund.
24 (a) The School Infrastructure Fund is created as a special

HB0385- 4 -LRB100 05884 MJP 15910 b
1fund in the State Treasury.
2 In addition to any other deposits authorized by law,
3beginning January 1, 2000, on the first day of each month, or
4as soon thereafter as may be practical, the State Treasurer and
5State Comptroller shall transfer the sum of $5,000,000 from the
6General Revenue Fund to the School Infrastructure Fund, except
7that, notwithstanding any other provision of law, and in
8addition to any other transfers that may be provided for by
9law, before June 30, 2012, the Comptroller and the Treasurer
10shall transfer $45,000,000 from the General Revenue Fund into
11the School Infrastructure Fund, and, for fiscal year 2013 only,
12the Treasurer and the Comptroller shall transfer $1,250,000
13from the General Revenue Fund to the School Infrastructure Fund
14on the first day of each month; provided, however, that no such
15transfers shall be made from July 1, 2001 through June 30,
162003.
17 (b) Subject to the transfer provisions set forth below,
18money in the School Infrastructure Fund shall, if and when the
19State of Illinois incurs any bonded indebtedness for the
20construction of school improvements under the School
21Construction Law, be set aside and used for the purpose of
22paying and discharging annually the principal and interest on
23that bonded indebtedness then due and payable, and for no other
24purpose.
25 In addition to other transfers to the General Obligation
26Bond Retirement and Interest Fund made pursuant to Section 15

HB0385- 5 -LRB100 05884 MJP 15910 b
1of the General Obligation Bond Act, upon each delivery of bonds
2issued for construction of school improvements under the School
3Construction Law, the State Comptroller shall compute and
4certify to the State Treasurer the total amount of principal
5of, interest on, and premium, if any, on such bonds during the
6then current and each succeeding fiscal year. With respect to
7the interest payable on variable rate bonds, such
8certifications shall be calculated at the maximum rate of
9interest that may be payable during the fiscal year, after
10taking into account any credits permitted in the related
11indenture or other instrument against the amount of such
12interest required to be appropriated for that period.
13 On or before the last day of each month, the State
14Treasurer and State Comptroller shall transfer from the School
15Infrastructure Fund to the General Obligation Bond Retirement
16and Interest Fund an amount sufficient to pay the aggregate of
17the principal of, interest on, and premium, if any, on the
18bonds payable on their next payment date, divided by the number
19of monthly transfers occurring between the last previous
20payment date (or the delivery date if no payment date has yet
21occurred) and the next succeeding payment date. Interest
22payable on variable rate bonds shall be calculated at the
23maximum rate of interest that may be payable for the relevant
24period, after taking into account any credits permitted in the
25related indenture or other instrument against the amount of
26such interest required to be appropriated for that period.

HB0385- 6 -LRB100 05884 MJP 15910 b
1Interest for which moneys have already been deposited into the
2capitalized interest account within the General Obligation
3Bond Retirement and Interest Fund shall not be included in the
4calculation of the amounts to be transferred under this
5subsection.
6 (b-5) The money deposited into the School Infrastructure
7Fund from transfers pursuant to subsections (c-30) and (c-35)
8of Section 13 of the Riverboat and Casino Gambling Act shall be
9applied, without further direction, as provided in subsection
10(b-3) of Section 5-35 of the School Construction Law.
11 (c) The surplus, if any, in the School Infrastructure Fund
12after payments made pursuant to subsections (b) and (b-5) of
13this Section shall, subject to appropriation, be used as
14follows:
15 First - to make 3 payments to the School Technology
16Revolving Loan Fund as follows:
17 Transfer of $30,000,000 in fiscal year 1999;
18 Transfer of $20,000,000 in fiscal year 2000; and
19 Transfer of $10,000,000 in fiscal year 2001.
20 Second - to pay the expenses of the State Board of
21Education and the Capital Development Board in administering
22programs under the School Construction Law, the total expenses
23not to exceed $1,200,000 in any fiscal year.
24 Third - to pay any amounts due for grants for school
25construction projects and debt service under the School
26Construction Law.

HB0385- 7 -LRB100 05884 MJP 15910 b
1 Fourth - to pay any amounts due for grants for school
2maintenance projects under the School Construction Law.
3(Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
4 Section 20. The Joliet Regional Port District Act is
5amended by changing Section 5.1 as follows:
6 (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
7 Sec. 5.1. Riverboat and Casino gambling. Notwithstanding
8any other provision of this Act, the District may not regulate
9the operation, conduct, or navigation of any riverboat gambling
10casino licensed under the Riverboat and Casino Gambling Act,
11and the District may not license, tax, or otherwise levy any
12assessment of any kind on any riverboat gambling casino
13licensed under the Riverboat and Casino Gambling Act. The
14General Assembly declares that the powers to regulate the
15operation, conduct, and navigation of riverboat gambling
16casinos and to license, tax, and levy assessments upon
17riverboat gambling casinos are exclusive powers of the State of
18Illinois and the Illinois Gaming Board as provided in the
19Riverboat and Casino Gambling Act.
20(Source: P.A. 87-1175.)
21 Section 25. The Consumer Installment Loan Act is amended by
22changing Section 12.5 as follows:

HB0385- 8 -LRB100 05884 MJP 15910 b
1 (205 ILCS 670/12.5)
2 Sec. 12.5. Limited purpose branch.
3 (a) Upon the written approval of the Director, a licensee
4may maintain a limited purpose branch for the sole purpose of
5making loans as permitted by this Act. A limited purpose branch
6may include an automatic loan machine. No other activity shall
7be conducted at the site, including but not limited to,
8accepting payments, servicing the accounts, or collections.
9 (b) The licensee must submit an application for a limited
10purpose branch to the Director on forms prescribed by the
11Director with an application fee of $300. The approval for the
12limited purpose branch must be renewed concurrently with the
13renewal of the licensee's license along with a renewal fee of
14$300 for the limited purpose branch.
15 (c) The books, accounts, records, and files of the limited
16purpose branch's transactions shall be maintained at the
17licensee's licensed location. The licensee shall notify the
18Director of the licensed location at which the books, accounts,
19records, and files shall be maintained.
20 (d) The licensee shall prominently display at the limited
21purpose branch the address and telephone number of the
22licensee's licensed location.
23 (e) No other business shall be conducted at the site of the
24limited purpose branch unless authorized by the Director.
25 (f) The Director shall make and enforce reasonable rules
26for the conduct of a limited purpose branch.

HB0385- 9 -LRB100 05884 MJP 15910 b
1 (g) A limited purpose branch may not be located within
21,000 feet of a facility operated by an inter-track wagering
3licensee or an organization licensee subject to the Illinois
4Horse Racing Act of 1975, on a riverboat or in a casino subject
5to the Riverboat and Casino Gambling Act, or within 1,000 feet
6of the location at which the riverboat docks or within 1,000
7feet of a casino.
8(Source: P.A. 90-437, eff. 1-1-98.)
9 Section 30. The Illinois Horse Racing Act of 1975 is
10amended by changing Sections 54 and 54.75 as follows:
11 (230 ILCS 5/54)
12 Sec. 54. Horse Racing Equity Fund.
13 (a) There is created in the State Treasury a Fund to be
14known as the Horse Racing Equity Fund. The Fund shall consist
15of moneys paid into it pursuant to subsection (c-5) of Section
1613 of the Riverboat and Casino Gambling Act. The Fund shall be
17administered by the Racing Board.
18 (b) The moneys deposited into the Fund shall be distributed
19by the Racing Board within 10 days after those moneys are
20deposited into the Fund as follows:
21 (1) Fifty percent of all moneys distributed under this
22 subsection shall be distributed to organization licensees
23 to be distributed at their race meetings as purses.
24 Fifty-seven percent of the amount distributed under this

HB0385- 10 -LRB100 05884 MJP 15910 b
1 paragraph (1) shall be distributed for thoroughbred race
2 meetings and 43% shall be distributed for standardbred race
3 meetings. Within each breed, moneys shall be allocated to
4 each organization licensee's purse fund in accordance with
5 the ratio between the purses generated for that breed by
6 that licensee during the prior calendar year and the total
7 purses generated throughout the State for that breed during
8 the prior calendar year.
9 (2) The remaining 50% of the moneys distributed under
10 this subsection (b) shall be distributed pro rata according
11 to the aggregate proportion of state-wide handle at the
12 racetrack, inter-track, and inter-track wagering locations
13 that derive their licenses from a racetrack identified in
14 this paragraph (2) for calendar years 1994, 1996, and 1997
15 to (i) any person (or its successors or assigns) who had
16 operating control of a racing facility at which live racing
17 was conducted in calendar year 1997 and who has operating
18 control of an organization licensee that conducted racing
19 in calendar year 1997 and is a licensee in the current
20 year, or (ii) any person (or its successors or assigns) who
21 has operating control of a racing facility located in a
22 county that is bounded by the Mississippi River that has a
23 population of less than 150,000 according to the 1990
24 decennial census and conducted an average of 60 days of
25 racing per year between 1985 and 1993 and has been awarded
26 an inter-track wagering license in the current year.

HB0385- 11 -LRB100 05884 MJP 15910 b
1 If any person identified in this paragraph (2) becomes
2 ineligible to receive moneys from the Fund, such amount
3 shall be redistributed among the remaining persons in
4 proportion to their percentages otherwise calculated.
5(Source: P.A. 98-18, eff. 6-7-13.)
6 (230 ILCS 5/54.75)
7 Sec. 54.75. Horse Racing Equity Trust Fund.
8 (a) There is created a Fund to be known as the Horse Racing
9Equity Trust Fund, which is a non-appropriated trust fund held
10separate and apart from State moneys. The Fund shall consist of
11moneys paid into it by owners licensees under the Riverboat and
12Casino Gambling Act for the purposes described in this Section.
13The Fund shall be administered by the Board. Moneys in the Fund
14shall be distributed as directed and certified by the Board in
15accordance with the provisions of subsection (b).
16 (b) The moneys deposited into the Fund, plus any accrued
17interest on those moneys, shall be distributed within 10 days
18after those moneys are deposited into the Fund as follows:
19 (1) Sixty percent of all moneys distributed under this
20 subsection shall be distributed to organization licensees
21 to be distributed at their race meetings as purses.
22 Fifty-seven percent of the amount distributed under this
23 paragraph (1) shall be distributed for thoroughbred race
24 meetings and 43% shall be distributed for standardbred race
25 meetings. Within each breed, moneys shall be allocated to

HB0385- 12 -LRB100 05884 MJP 15910 b
1 each organization licensee's purse fund in accordance with
2 the ratio between the purses generated for that breed by
3 that licensee during the prior calendar year and the total
4 purses generated throughout the State for that breed during
5 the prior calendar year by licensees in the current
6 calendar year.
7 (2) The remaining 40% of the moneys distributed under
8 this subsection (b) shall be distributed as follows:
9 (A) 11% shall be distributed to any person (or its
10 successors or assigns) who had operating control of a
11 racetrack that conducted live racing in 2002 at a
12 racetrack in a county with at least 230,000 inhabitants
13 that borders the Mississippi River and is a licensee in
14 the current year; and
15 (B) the remaining 89% shall be distributed pro rata
16 according to the aggregate proportion of total handle
17 from wagering on live races conducted in Illinois
18 (irrespective of where the wagers are placed) for
19 calendar years 2004 and 2005 to any person (or its
20 successors or assigns) who (i) had majority operating
21 control of a racing facility at which live racing was
22 conducted in calendar year 2002, (ii) is a licensee in
23 the current year, and (iii) is not eligible to receive
24 moneys under subparagraph (A) of this paragraph (2).
25 The moneys received by an organization licensee
26 under this paragraph (2) shall be used by each

HB0385- 13 -LRB100 05884 MJP 15910 b
1 organization licensee to improve, maintain, market,
2 and otherwise operate its racing facilities to conduct
3 live racing, which shall include backstretch services
4 and capital improvements related to live racing and the
5 backstretch. Any organization licensees sharing common
6 ownership may pool the moneys received and spent at all
7 racing facilities commonly owned in order to meet these
8 requirements.
9 If any person identified in this paragraph (2) becomes
10 ineligible to receive moneys from the Fund, such amount
11 shall be redistributed among the remaining persons in
12 proportion to their percentages otherwise calculated.
13 (c) The Board shall monitor organization licensees to
14ensure that moneys paid to organization licensees under this
15Section are distributed by the organization licensees as
16provided in subsection (b).
17(Source: P.A. 95-1008, eff. 12-15-08.)
18 Section 35. The Riverboat Gambling Act is amended by
19changing Sections 1, 3, 4, 5, 5.1, 6, 7, 7.3, 7.4, 8, 9, 11,
2011.1, 12, 13, 18, 18.1, 19, 20, and 24 as follows:
21 (230 ILCS 10/1) (from Ch. 120, par. 2401)
22 Sec. 1. Short title. This Act shall be known and may be
23cited as the Riverboat and Casino Gambling Act.
24(Source: P.A. 86-1029.)

HB0385- 14 -LRB100 05884 MJP 15910 b
1 (230 ILCS 10/3) (from Ch. 120, par. 2403)
2 Sec. 3. Riverboat Gambling Authorized.
3 (a) Riverboat and casino gambling operations and the system
4of wagering incorporated therein, as defined in this Act, are
5hereby authorized to the extent that they are carried out in
6accordance with the provisions of this Act.
7 (b) This Act does not apply to the pari-mutuel system of
8wagering used or intended to be used in connection with the
9horse-race meetings as authorized under the Illinois Horse
10Racing Act of 1975, lottery games authorized under the Illinois
11Lottery Law, bingo authorized under the Bingo License and Tax
12Act, charitable games authorized under the Charitable Games Act
13or pull tabs and jar games conducted under the Illinois Pull
14Tabs and Jar Games Act.
15 (c) Riverboat gambling conducted pursuant to this Act may
16be authorized upon any water within the State of Illinois or
17any water other than Lake Michigan which constitutes a boundary
18of the State of Illinois. A licensee may conduct riverboat
19gambling authorized under this Act regardless of whether it
20conducts excursion cruises. A licensee may permit the
21continuous ingress and egress of passengers for the purpose of
22gambling.
23(Source: P.A. 91-40, eff. 6-25-99.)
24 (230 ILCS 10/4) (from Ch. 120, par. 2404)

HB0385- 15 -LRB100 05884 MJP 15910 b
1 Sec. 4. Definitions. As used in this Act:
2 (a) "Board" means the Illinois Gaming Board.
3 (b) "Occupational license" means a license issued by the
4Board to a person or entity to perform an occupation which the
5Board has identified as requiring a license to engage in
6riverboat gambling or casino gambling in Illinois.
7 (c) "Gambling game" includes, but is not limited to,
8baccarat, twenty-one, poker, craps, slot machine, video game of
9chance, roulette wheel, klondike table, punchboard, faro
10layout, keno layout, numbers ticket, push card, jar ticket, or
11pull tab which is authorized by the Board as a wagering device
12under this Act.
13 (d) "Riverboat" means a self-propelled excursion boat, a
14permanently moored barge, or permanently moored barges that are
15permanently fixed together to operate as one vessel, on which
16lawful gambling is authorized and licensed as provided in this
17Act.
18 (e) "Managers license" means a license issued by the Board
19to a person or entity to manage gambling operations conducted
20by the State pursuant to Section 7.3.
21 (f) "Dock" means the location where a riverboat moors for
22the purpose of embarking passengers for and disembarking
23passengers from the riverboat.
24 (g) "Gross receipts" means the total amount of money
25exchanged for the purchase of chips, tokens, or electronic
26cards by riverboat patrons.

HB0385- 16 -LRB100 05884 MJP 15910 b
1 (h) "Adjusted gross receipts" means the gross receipts less
2winnings paid to wagerers.
3 (i) "Cheat" means to alter the selection of criteria which
4determine the result of a gambling game or the amount or
5frequency of payment in a gambling game.
6 (j) (Blank).
7 (k) "Gambling operation" means the conduct of authorized
8gambling games authorized under this Act upon a riverboat or in
9a casino.
10 (l) "License bid" means the lump sum amount of money that
11an applicant bids and agrees to pay the State in return for an
12owners license that is re-issued on or after July 1, 2003.
13 (m) The terms "minority person", "female", and "person with
14a disability" shall have the same meaning as defined in Section
152 of the Business Enterprise for Minorities, Females, and
16Persons with Disabilities Act.
17 "Casino" means a facility at which lawful gambling is
18authorized as provided in this Act.
19 "Owners license" means a license to conduct riverboat or
20casino gambling operations.
21 "Licensed owner" means a person or entity who holds an
22owners license.
23(Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
24 (230 ILCS 10/5) (from Ch. 120, par. 2405)
25 Sec. 5. Gaming Board.

HB0385- 17 -LRB100 05884 MJP 15910 b
1 (a) (1) There is hereby established the Illinois Gaming
2Board, which shall have the powers and duties specified in this
3Act, and all other powers necessary and proper to fully and
4effectively execute this Act for the purpose of administering,
5regulating, and enforcing the system of riverboat and casino
6gambling established by this Act. Its jurisdiction shall extend
7under this Act to every person, association, corporation,
8partnership and trust involved in riverboat and casino gambling
9operations in the State of Illinois.
10 (2) The Board shall consist of 5 members to be appointed by
11the Governor with the advice and consent of the Senate, one of
12whom shall be designated by the Governor to be chairperson
13chairman. Each member shall have a reasonable knowledge of the
14practice, procedure and principles of gambling operations.
15Each member shall either be a resident of Illinois or shall
16certify that he or she will become a resident of Illinois
17before taking office.
18 At least one member shall be experienced in law enforcement
19and criminal investigation, at least one member shall be a
20certified public accountant experienced in accounting and
21auditing, and at least one member shall be a lawyer licensed to
22practice law in Illinois.
23 (3) The terms of office of the Board members shall be 3
24years, except that the terms of office of the initial Board
25members appointed pursuant to this Act will commence from the
26effective date of this Act and run as follows: one for a term

HB0385- 18 -LRB100 05884 MJP 15910 b
1ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
2a term ending July 1, 1993. Upon the expiration of the
3foregoing terms, the successors of such members shall serve a
4term for 3 years and until their successors are appointed and
5qualified for like terms. Vacancies in the Board shall be
6filled for the unexpired term in like manner as original
7appointments. Each member of the Board shall be eligible for
8reappointment at the discretion of the Governor with the advice
9and consent of the Senate.
10 (4) Each member of the Board shall receive $300 for each
11day the Board meets and for each day the member conducts any
12hearing pursuant to this Act. Each member of the Board shall
13also be reimbursed for all actual and necessary expenses and
14disbursements incurred in the execution of official duties.
15 (5) No person shall be appointed a member of the Board or
16continue to be a member of the Board who is, or whose spouse,
17child or parent is, a member of the board of directors of, or a
18person financially interested in, any gambling operation
19subject to the jurisdiction of this Board, or any race track,
20race meeting, racing association or the operations thereof
21subject to the jurisdiction of the Illinois Racing Board. No
22Board member shall hold any other public office. No person
23shall be a member of the Board who is not of good moral
24character or who has been convicted of, or is under indictment
25for, a felony under the laws of Illinois or any other state, or
26the United States.

HB0385- 19 -LRB100 05884 MJP 15910 b
1 (5.5) No member of the Board shall engage in any political
2activity. For the purposes of this Section, "political" means
3any activity in support of or in connection with any campaign
4for federal, State, or local elective office or any political
5organization, but does not include activities (i) relating to
6the support or opposition of any executive, legislative, or
7administrative action (as those terms are defined in Section 2
8of the Lobbyist Registration Act), (ii) relating to collective
9bargaining, or (iii) that are otherwise in furtherance of the
10person's official State duties or governmental and public
11service functions.
12 (6) Any member of the Board may be removed by the Governor
13for neglect of duty, misfeasance, malfeasance, or nonfeasance
14in office or for engaging in any political activity.
15 (7) Before entering upon the discharge of the duties of his
16office, each member of the Board shall take an oath that he
17will faithfully execute the duties of his office according to
18the laws of the State and the rules and regulations adopted
19therewith and shall give bond to the State of Illinois,
20approved by the Governor, in the sum of $25,000. Every such
21bond, when duly executed and approved, shall be recorded in the
22office of the Secretary of State. Whenever the Governor
23determines that the bond of any member of the Board has become
24or is likely to become invalid or insufficient, he shall
25require such member forthwith to renew his bond, which is to be
26approved by the Governor. Any member of the Board who fails to

HB0385- 20 -LRB100 05884 MJP 15910 b
1take oath and give bond within 30 days from the date of his
2appointment, or who fails to renew his bond within 30 days
3after it is demanded by the Governor, shall be guilty of
4neglect of duty and may be removed by the Governor. The cost of
5any bond given by any member of the Board under this Section
6shall be taken to be a part of the necessary expenses of the
7Board.
8 (7.5) For the examination of all mechanical,
9electromechanical, or electronic table games, slot machines,
10slot accounting systems, and other electronic gaming equipment
11for compliance with this Act, the Board may utilize the
12services of one or more independent outside testing
13laboratories that have been accredited by a national
14accreditation body and that, in the judgment of the Board, are
15qualified to perform such examinations.
16 (8) The Board shall employ such personnel as may be
17necessary to carry out its functions and shall determine the
18salaries of all personnel, except those personnel whose
19salaries are determined under the terms of a collective
20bargaining agreement. No person shall be employed to serve the
21Board who is, or whose spouse, parent or child is, an official
22of, or has a financial interest in or financial relation with,
23any operator engaged in gambling operations within this State
24or any organization engaged in conducting horse racing within
25this State. Any employee violating these prohibitions shall be
26subject to termination of employment.

HB0385- 21 -LRB100 05884 MJP 15910 b
1 (9) An Administrator shall perform any and all duties that
2the Board shall assign him. The salary of the Administrator
3shall be determined by the Board and, in addition, he shall be
4reimbursed for all actual and necessary expenses incurred by
5him in discharge of his official duties. The Administrator
6shall keep records of all proceedings of the Board and shall
7preserve all records, books, documents and other papers
8belonging to the Board or entrusted to its care. The
9Administrator shall devote his full time to the duties of the
10office and shall not hold any other office or employment.
11 (b) The Board shall have general responsibility for the
12implementation of this Act. Its duties include, without
13limitation, the following:
14 (1) To decide promptly and in reasonable order all
15 license applications. Any party aggrieved by an action of
16 the Board denying, suspending, revoking, restricting or
17 refusing to renew a license may request a hearing before
18 the Board. A request for a hearing must be made to the
19 Board in writing within 5 days after service of notice of
20 the action of the Board. Notice of the action of the Board
21 shall be served either by personal delivery or by certified
22 mail, postage prepaid, to the aggrieved party. Notice
23 served by certified mail shall be deemed complete on the
24 business day following the date of such mailing. The Board
25 shall conduct all requested hearings promptly and in
26 reasonable order;

HB0385- 22 -LRB100 05884 MJP 15910 b
1 (2) To conduct all hearings pertaining to civil
2 violations of this Act or rules and regulations promulgated
3 hereunder;
4 (3) To promulgate such rules and regulations as in its
5 judgment may be necessary to protect or enhance the
6 credibility and integrity of gambling operations
7 authorized by this Act and the regulatory process
8 hereunder;
9 (4) To provide for the establishment and collection of
10 all license and registration fees and taxes imposed by this
11 Act and the rules and regulations issued pursuant hereto.
12 All such fees and taxes shall be deposited into the State
13 Gaming Fund;
14 (5) To provide for the levy and collection of penalties
15 and fines for the violation of provisions of this Act and
16 the rules and regulations promulgated hereunder. All such
17 fines and penalties shall be deposited into the Education
18 Assistance Fund, created by Public Act 86-0018, of the
19 State of Illinois;
20 (6) To be present through its inspectors and agents any
21 time gambling operations are conducted on any riverboat or
22 in any casino for the purpose of certifying the revenue
23 thereof, receiving complaints from the public, and
24 conducting such other investigations into the conduct of
25 the gambling games and the maintenance of the equipment as
26 from time to time the Board may deem necessary and proper;

HB0385- 23 -LRB100 05884 MJP 15910 b
1 (7) To review and rule upon any complaint by a licensee
2 regarding any investigative procedures of the State which
3 are unnecessarily disruptive of gambling operations. The
4 need to inspect and investigate shall be presumed at all
5 times. The disruption of a licensee's operations shall be
6 proved by clear and convincing evidence, and establish
7 that: (A) the procedures had no reasonable law enforcement
8 purposes, and (B) the procedures were so disruptive as to
9 unreasonably inhibit gambling operations;
10 (8) To hold at least one meeting each quarter of the
11 fiscal year. In addition, special meetings may be called by
12 the Chairman or any 2 Board members upon 72 hours written
13 notice to each member. All Board meetings shall be subject
14 to the Open Meetings Act. Three members of the Board shall
15 constitute a quorum, and 3 votes shall be required for any
16 final determination by the Board. The Board shall keep a
17 complete and accurate record of all its meetings. A
18 majority of the members of the Board shall constitute a
19 quorum for the transaction of any business, for the
20 performance of any duty, or for the exercise of any power
21 which this Act requires the Board members to transact,
22 perform or exercise en banc, except that, upon order of the
23 Board, one of the Board members or an administrative law
24 judge designated by the Board may conduct any hearing
25 provided for under this Act or by Board rule and may
26 recommend findings and decisions to the Board. The Board

HB0385- 24 -LRB100 05884 MJP 15910 b
1 member or administrative law judge conducting such hearing
2 shall have all powers and rights granted to the Board in
3 this Act. The record made at the time of the hearing shall
4 be reviewed by the Board, or a majority thereof, and the
5 findings and decision of the majority of the Board shall
6 constitute the order of the Board in such case;
7 (9) To maintain records which are separate and distinct
8 from the records of any other State board or commission.
9 Such records shall be available for public inspection and
10 shall accurately reflect all Board proceedings;
11 (10) To file a written annual report with the Governor
12 on or before March 1 each year and such additional reports
13 as the Governor may request. The annual report shall
14 include a statement of receipts and disbursements by the
15 Board, actions taken by the Board, and any additional
16 information and recommendations which the Board may deem
17 valuable or which the Governor may request;
18 (11) (Blank);
19 (12) (Blank);
20 (13) To assume responsibility for administration and
21 enforcement of the Video Gaming Act; and
22 (14) To adopt, by rule, a code of conduct governing
23 Board members and employees that ensures ensure, to the
24 maximum extent possible, that persons subject to this Code
25 avoid situations, relationships, or associations that may
26 represent or lead to a conflict of interest.

HB0385- 25 -LRB100 05884 MJP 15910 b
1 (c) The Board shall have jurisdiction over and shall
2supervise all gambling operations governed by this Act. The
3Board shall have all powers necessary and proper to fully and
4effectively execute the provisions of this Act, including, but
5not limited to, the following:
6 (1) To investigate applicants and determine the
7 eligibility of applicants for licenses and to select among
8 competing applicants the applicants which best serve the
9 interests of the citizens of Illinois.
10 (2) To have jurisdiction and supervision over all
11 riverboat gambling operations authorized under this Act in
12 this State and all persons in places on riverboats where
13 gambling operations are conducted.
14 (3) To promulgate rules and regulations for the purpose
15 of administering the provisions of this Act and to
16 prescribe rules, regulations and conditions under which
17 all riverboat gambling operations subject to this Act in
18 the State shall be conducted. Such rules and regulations
19 are to provide for the prevention of practices detrimental
20 to the public interest and for the best interests of
21 riverboat gambling, including rules and regulations
22 regarding the inspection of casinos and such riverboats,
23 and the review of any permits or licenses necessary to
24 operate a riverboat or casino under any laws or regulations
25 applicable to riverboats or casinos, and to impose
26 penalties for violations thereof.

HB0385- 26 -LRB100 05884 MJP 15910 b
1 (4) To enter the office, riverboats, casinos, and other
2 facilities, or other places of business of a licensee,
3 where evidence of the compliance or noncompliance with the
4 provisions of this Act is likely to be found.
5 (5) To investigate alleged violations of this Act or
6 the rules of the Board and to take appropriate disciplinary
7 action against a licensee or a holder of an occupational
8 license for a violation, or institute appropriate legal
9 action for enforcement, or both.
10 (6) To adopt standards for the licensing of all persons
11 and entities under Section 7 of this Act, as well as for
12 electronic or mechanical gambling games, and to establish
13 fees for such licenses.
14 (7) To adopt appropriate standards for all riverboats,
15 casinos, and other facilities authorized under this Act.
16 (8) To require that the records, including financial or
17 other statements of any licensee under this Act, shall be
18 kept in such manner as prescribed by the Board and that any
19 such licensee involved in the ownership or management of
20 gambling operations submit to the Board an annual balance
21 sheet and profit and loss statement, list of the
22 stockholders or other persons having a 1% or greater
23 beneficial interest in the gambling activities of each
24 licensee, and any other information the Board deems
25 necessary in order to effectively administer this Act and
26 all rules, regulations, orders and final decisions

HB0385- 27 -LRB100 05884 MJP 15910 b
1 promulgated under this Act.
2 (9) To conduct hearings, issue subpoenas for the
3 attendance of witnesses and subpoenas duces tecum for the
4 production of books, records and other pertinent documents
5 in accordance with the Illinois Administrative Procedure
6 Act, and to administer oaths and affirmations to the
7 witnesses, when, in the judgment of the Board, it is
8 necessary to administer or enforce this Act or the Board
9 rules.
10 (10) To prescribe a form to be used by any licensee
11 involved in the ownership or management of gambling
12 operations as an application for employment for their
13 employees.
14 (11) To revoke or suspend licenses, as the Board may
15 see fit and in compliance with applicable laws of the State
16 regarding administrative procedures, and to review
17 applications for the renewal of licenses. The Board may
18 suspend an owners license, without notice or hearing, upon
19 a determination that the safety or health of patrons or
20 employees is jeopardized by continuing a gambling
21 operation conducted under that license riverboat's
22 operation. The suspension may remain in effect until the
23 Board determines that the cause for suspension has been
24 abated. The Board may revoke an the owners license upon a
25 determination that the licensee owner has not made
26 satisfactory progress toward abating the hazard.

HB0385- 28 -LRB100 05884 MJP 15910 b
1 (12) To eject or exclude or authorize the ejection or
2 exclusion of, any person from riverboat gambling
3 facilities where that such person is in violation of this
4 Act, rules and regulations thereunder, or final orders of
5 the Board, or where such person's conduct or reputation is
6 such that his or her presence within the riverboat gambling
7 facilities may, in the opinion of the Board, call into
8 question the honesty and integrity of the gambling
9 operations or interfere with the orderly conduct thereof;
10 provided that the propriety of such ejection or exclusion
11 is subject to subsequent hearing by the Board.
12 (13) To require all licensees of gambling operations to
13 utilize a cashless wagering system whereby all players'
14 money is converted to tokens, electronic cards, or chips
15 which shall be used only for wagering in the gambling
16 establishment.
17 (14) (Blank).
18 (15) To suspend, revoke, or restrict licenses, to
19 require the removal of a licensee or an employee of a
20 licensee for a violation of this Act or a Board rule or for
21 engaging in a fraudulent practice, and to impose civil
22 penalties of up to $5,000 against individuals and up to
23 $10,000 or an amount equal to the daily gross receipts,
24 whichever is larger, against licensees for each violation
25 of any provision of the Act, any rules adopted by the
26 Board, any order of the Board or any other action which, in

HB0385- 29 -LRB100 05884 MJP 15910 b
1 the Board's discretion, is a detriment or impediment to
2 riverboat gambling operations.
3 (16) To hire employees to gather information, conduct
4 investigations and carry out any other tasks contemplated
5 under this Act.
6 (17) To establish minimum levels of insurance to be
7 maintained by licensees.
8 (18) To authorize a licensee to sell or serve alcoholic
9 liquors, wine or beer as defined in the Liquor Control Act
10 of 1934 on board a riverboat or in a casino and to have
11 exclusive authority to establish the hours for sale and
12 consumption of alcoholic liquor on board a riverboat or in
13 a casino, notwithstanding any provision of the Liquor
14 Control Act of 1934 or any local ordinance, and regardless
15 of whether the riverboat makes excursions. The
16 establishment of the hours for sale and consumption of
17 alcoholic liquor on board a riverboat or in a casino is an
18 exclusive power and function of the State. A home rule unit
19 may not establish the hours for sale and consumption of
20 alcoholic liquor on board a riverboat or in a casino. This
21 paragraph (18) amendatory Act of 1991 is a denial and
22 limitation of home rule powers and functions under
23 subsection (h) of Section 6 of Article VII of the Illinois
24 Constitution.
25 (19) After consultation with the U.S. Army Corps of
26 Engineers, to establish binding emergency orders upon the

HB0385- 30 -LRB100 05884 MJP 15910 b
1 concurrence of a majority of the members of the Board
2 regarding the navigability of water, relative to
3 excursions, in the event of extreme weather conditions,
4 acts of God or other extreme circumstances.
5 (20) To delegate the execution of any of its powers
6 under this Act for the purpose of administering and
7 enforcing this Act and the its rules adopted by the Board
8 under this Act and regulations hereunder.
9 (20.5) To approve any contract entered into on its
10 behalf.
11 (20.6) To appoint investigators to conduct
12 investigations, searches, seizures, arrests, and other
13 duties imposed under this Act, as deemed necessary by the
14 Board. These investigators have and may exercise all of the
15 rights and powers of peace officers, provided that these
16 powers shall be limited to offenses or violations occurring
17 or committed in a casino or on a riverboat or dock, as
18 defined in subsections (d) and (f) of Section 4, or as
19 otherwise provided by this Act or any other law.
20 (20.7) To contract with the Department of State Police
21 for the use of trained and qualified State police officers
22 and with the Department of Revenue for the use of trained
23 and qualified Department of Revenue investigators to
24 conduct investigations, searches, seizures, arrests, and
25 other duties imposed under this Act and to exercise all of
26 the rights and powers of peace officers, provided that the

HB0385- 31 -LRB100 05884 MJP 15910 b
1 powers of Department of Revenue investigators under this
2 paragraph subdivision (20.7) shall be limited to offenses
3 or violations occurring or committed in a casino or on a
4 riverboat or dock, as defined in subsections (d) and (f) of
5 Section 4, or as otherwise provided by this Act or any
6 other law. In the event the Department of State Police or
7 the Department of Revenue is unable to fill contracted
8 police or investigative positions, the Board may appoint
9 investigators to fill those positions pursuant to
10 paragraph subdivision (20.6).
11 (21) To take any other action as may be reasonable or
12 appropriate to enforce this Act and the rules adopted by
13 the Board under this Act and regulations hereunder.
14 (d) The Board may seek and shall receive the cooperation of
15the Department of State Police in conducting background
16investigations of applicants and in fulfilling its
17responsibilities under this Section. Costs incurred by the
18Department of State Police as a result of such cooperation
19shall be paid by the Board in conformance with the requirements
20of Section 2605-400 of the Department of State Police Law (20
21ILCS 2605/2605-400).
22 (e) The Board must authorize to each investigator and to
23any other employee of the Board exercising the powers of a
24peace officer a distinct badge that, on its face, (i) clearly
25states that the badge is authorized by the Board and (ii)
26contains a unique identifying number. No other badge shall be

HB0385- 32 -LRB100 05884 MJP 15910 b
1authorized by the Board.
2(Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
3 (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
4 Sec. 5.1. Disclosure of records.
5 (a) Notwithstanding any applicable statutory provision to
6the contrary, the Board shall, on written request from any
7person, provide information furnished by an applicant or
8licensee concerning the applicant or licensee, his products,
9services or gambling enterprises and his business holdings, as
10follows:
11 (1) The name, business address and business telephone
12 number of any applicant or licensee.
13 (2) An identification of any applicant or licensee
14 including, if an applicant or licensee is not an
15 individual, the state of incorporation or registration,
16 the corporate officers, and the identity of all
17 shareholders or participants. If an applicant or licensee
18 has a pending registration statement filed with the
19 Securities and Exchange Commission, only the names of those
20 persons or entities holding interest of 5% or more must be
21 provided.
22 (3) An identification of any business, including, if
23 applicable, the state of incorporation or registration, in
24 which an applicant or licensee or an applicant's or
25 licensee's spouse or children has an equity interest of

HB0385- 33 -LRB100 05884 MJP 15910 b
1 more than 1%. If an applicant or licensee is a corporation,
2 partnership or other business entity, the applicant or
3 licensee shall identify any other corporation, partnership
4 or business entity in which it has an equity interest of 1%
5 or more, including, if applicable, the state of
6 incorporation or registration. This information need not
7 be provided by a corporation, partnership or other business
8 entity that has a pending registration statement filed with
9 the Securities and Exchange Commission.
10 (4) Whether an applicant or licensee has been indicted,
11 convicted, pleaded guilty or nolo contendere, or forfeited
12 bail concerning any criminal offense under the laws of any
13 jurisdiction, either felony or misdemeanor (except for
14 traffic violations), including the date, the name and
15 location of the court, arresting agency and prosecuting
16 agency, the case number, the offense, the disposition and
17 the location and length of incarceration.
18 (5) Whether an applicant or licensee has had any
19 license or certificate issued by a licensing authority in
20 Illinois or any other jurisdiction denied, restricted,
21 suspended, revoked or not renewed and a statement
22 describing the facts and circumstances concerning the
23 denial, restriction, suspension, revocation or
24 non-renewal, including the licensing authority, the date
25 each such action was taken, and the reason for each such
26 action.

HB0385- 34 -LRB100 05884 MJP 15910 b
1 (6) Whether an applicant or licensee has ever filed or
2 had filed against it a proceeding in bankruptcy or has ever
3 been involved in any formal process to adjust, defer,
4 suspend or otherwise work out the payment of any debt
5 including the date of filing, the name and location of the
6 court, the case and number of the disposition.
7 (7) Whether an applicant or licensee has filed, or been
8 served with a complaint or other notice filed with any
9 public body, regarding the delinquency in the payment of,
10 or a dispute over the filings concerning the payment of,
11 any tax required under federal, State or local law,
12 including the amount, type of tax, the taxing agency and
13 time periods involved.
14 (8) A statement listing the names and titles of all
15 public officials or officers of any unit of government, and
16 relatives of said public officials or officers who,
17 directly or indirectly, own any financial interest in, have
18 any beneficial interest in, are the creditors of or hold
19 any debt instrument issued by, or hold or have any interest
20 in any contractual or service relationship with, an
21 applicant or licensee.
22 (9) Whether an applicant or licensee has made, directly
23 or indirectly, any political contribution, or any loans,
24 donations or other payments, to any candidate or office
25 holder, within 5 years from the date of filing the
26 application, including the amount and the method of

HB0385- 35 -LRB100 05884 MJP 15910 b
1 payment.
2 (10) The name and business telephone number of the
3 counsel representing an applicant or licensee in matters
4 before the Board.
5 (11) A description of any proposed or approved
6 riverboat or casino gaming operation, including the type of
7 boat, home dock or casino location, expected economic
8 benefit to the community, anticipated or actual number of
9 employees, any statement from an applicant or licensee
10 regarding compliance with federal and State affirmative
11 action guidelines, projected or actual admissions and
12 projected or actual adjusted gross gaming receipts.
13 (12) A description of the product or service to be
14 supplied by an applicant for a supplier's license.
15 (b) Notwithstanding any applicable statutory provision to
16the contrary, the Board shall, on written request from any
17person, also provide the following information:
18 (1) The amount of the wagering tax and admission tax
19 paid daily to the State of Illinois by the holder of an
20 owner's license.
21 (2) Whenever the Board finds an applicant for an
22 owner's license unsuitable for licensing, a copy of the
23 written letter outlining the reasons for the denial.
24 (3) Whenever the Board has refused to grant leave for
25 an applicant to withdraw his application, a copy of the
26 letter outlining the reasons for the refusal.

HB0385- 36 -LRB100 05884 MJP 15910 b
1 (c) Subject to the above provisions, the Board shall not
2disclose any information which would be barred by:
3 (1) Section 7 of the Freedom of Information Act; or
4 (2) The statutes, rules, regulations or
5 intergovernmental agreements of any jurisdiction.
6 (d) The Board may assess fees for the copying of
7information in accordance with Section 6 of the Freedom of
8Information Act.
9(Source: P.A. 96-1392, eff. 1-1-11.)
10 (230 ILCS 10/6) (from Ch. 120, par. 2406)
11 Sec. 6. Application for Owners License.
12 (a) A qualified person may apply to the Board for an owners
13license to conduct a riverboat gambling operation as provided
14in Section 7 of this Act. The application shall be made on
15forms provided by the Board and shall contain such information
16as the Board prescribes, including but not limited to the
17identity of the riverboat on which such gambling operation is
18to be conducted, if applicable, and the exact location where
19such riverboat or casino will be located docked, a
20certification that the riverboat or casino will be registered
21under this Act at all times during which gambling operations
22are conducted within on board, detailed information regarding
23the ownership and management of the applicant, and detailed
24personal information regarding the applicant. Any application
25for an owners license to be re-issued on or after June 1, 2003

HB0385- 37 -LRB100 05884 MJP 15910 b
1shall also include the applicant's license bid in a form
2prescribed by the Board. Information provided on the
3application shall be used as a basis for a thorough background
4investigation which the Board shall conduct with respect to
5each applicant. An incomplete application shall be cause for
6denial of a license by the Board.
7 (b) Applicants shall submit with their application all
8documents, resolutions, and letters of support from the
9governing body that represents the municipality or county
10wherein the licensee will be located dock.
11 (c) Each applicant shall disclose the identity of every
12person, association, trust or corporation having a greater than
131% direct or indirect pecuniary interest in the riverboat
14gambling operation with respect to which the license is sought.
15If the disclosed entity is a trust, the application shall
16disclose the names and addresses of the beneficiaries; if a
17corporation, the names and addresses of all stockholders and
18directors; if a partnership, the names and addresses of all
19partners, both general and limited.
20 (d) An application shall be filed and considered in
21accordance with the rules of the Board. An application fee of
22$50,000 shall be paid at the time of filing to defray the costs
23associated with the background investigation conducted by the
24Board. If the costs of the investigation exceed $50,000, the
25applicant shall pay the additional amount to the Board. If the
26costs of the investigation are less than $50,000, the applicant

HB0385- 38 -LRB100 05884 MJP 15910 b
1shall receive a refund of the remaining amount. All
2information, records, interviews, reports, statements,
3memoranda or other data supplied to or used by the Board in the
4course of its review or investigation of an application for a
5license or a renewal under this Act shall be privileged,
6strictly confidential and shall be used only for the purpose of
7evaluating an applicant for a license or a renewal. Such
8information, records, interviews, reports, statements,
9memoranda or other data shall not be admissible as evidence,
10nor discoverable in any action of any kind in any court or
11before any tribunal, board, agency or person, except for any
12action deemed necessary by the Board.
13 (e) The Board shall charge each applicant a fee set by the
14Department of State Police to defray the costs associated with
15the search and classification of fingerprints obtained by the
16Board with respect to the applicant's application. These fees
17shall be paid into the State Police Services Fund.
18 (f) The licensed owner shall be the person primarily
19responsible for the boat or casino itself. Only one riverboat
20gambling operation may be authorized by the Board on any
21riverboat or in any casino. The applicant must identify each
22riverboat or premises it intends to use and certify that the
23riverboat or premises: (1) has the authorized capacity required
24in this Act; (2) is accessible to persons with disabilities;
25and (3) is fully registered and licensed in accordance with any
26applicable laws.

HB0385- 39 -LRB100 05884 MJP 15910 b
1 (g) A person who knowingly makes a false statement on an
2application is guilty of a Class A misdemeanor.
3(Source: P.A. 99-143, eff. 7-27-15.)
4 (230 ILCS 10/7) (from Ch. 120, par. 2407)
5 Sec. 7. Owners Licenses.
6 (a) The Board shall issue owners licenses to persons, firms
7or corporations which apply for such licenses upon payment to
8the Board of the non-refundable license fee set by the Board,
9upon payment of a $25,000 license fee for the first year of
10operation and a $5,000 license fee for each succeeding year and
11upon a determination by the Board that the applicant is
12eligible for an owners license pursuant to this Act and the
13rules of the Board. From the effective date of this amendatory
14Act of the 95th General Assembly until (i) 3 years after the
15effective date of this amendatory Act of the 95th General
16Assembly, (ii) the date any organization licensee begins to
17operate a slot machine or video game of chance under the
18Illinois Horse Racing Act of 1975 or this Act, (iii) the date
19that payments begin under subsection (c-5) of Section 13 of the
20Act, or (iv) the wagering tax imposed under Section 13 of this
21Act is increased by law to reflect a tax rate that is at least
22as stringent or more stringent than the tax rate contained in
23subsection (a-3) of Section 13, whichever occurs first, as a
24condition of licensure and as an alternative source of payment
25for those funds payable under subsection (c-5) of Section 13 of

HB0385- 40 -LRB100 05884 MJP 15910 b
1this the Riverboat Gambling Act, any owners licensee that holds
2or receives its owners license on or after the effective date
3of this amendatory Act of the 94th General Assembly, other than
4an owners licensee operating a gambling operation riverboat
5with adjusted gross receipts in calendar year 2004 of less than
6$200,000,000, must pay into the Horse Racing Equity Trust Fund,
7in addition to any other payments required under this Act, an
8amount equal to 3% of the adjusted gross receipts received by
9the owners licensee. The payments required under this Section
10shall be made by the owners licensee to the State Treasurer no
11later than 3:00 o'clock p.m. of the day after the day when the
12adjusted gross receipts were received by the owners licensee. A
13person, firm or corporation is ineligible to receive an owners
14license if:
15 (1) the person has been convicted of a felony under the
16 laws of this State, any other state, or the United States;
17 (2) the person has been convicted of any violation of
18 Article 28 of the Criminal Code of 1961 or the Criminal
19 Code of 2012, or substantially similar laws of any other
20 jurisdiction;
21 (3) the person has submitted an application for a
22 license under this Act which contains false information;
23 (4) the person is a member of the Board;
24 (5) a person defined in (1), (2), (3), or (4) is an
25 officer, director or managerial employee of the firm or
26 corporation;

HB0385- 41 -LRB100 05884 MJP 15910 b
1 (6) the firm or corporation employs a person defined in
2 (1), (2), (3), or (4) who participates in the management or
3 operation of gambling operations authorized under this
4 Act;
5 (7) (blank); or
6 (8) a license of the person, firm or corporation issued
7 under this Act, or a license to own or operate gambling
8 facilities in any other jurisdiction, has been revoked.
9 The Board is expressly prohibited from making changes to
10the requirement that licensees make payment into the Horse
11Racing Equity Trust Fund without the express authority of the
12Illinois General Assembly and making any other rule to
13implement or interpret this amendatory Act of the 95th General
14Assembly. For the purposes of this paragraph, "rules" is given
15the meaning given to that term in Section 1-70 of the Illinois
16Administrative Procedure Act.
17 (b) In determining whether to grant an owners license to an
18applicant, the Board shall consider:
19 (1) the character, reputation, experience and
20 financial integrity of the applicants and of any other or
21 separate person that either:
22 (A) controls, directly or indirectly, such
23 applicant, or
24 (B) is controlled, directly or indirectly, by such
25 applicant or by a person which controls, directly or
26 indirectly, such applicant;

HB0385- 42 -LRB100 05884 MJP 15910 b
1 (2) the facilities or proposed facilities for the
2 conduct of riverboat gambling;
3 (3) the highest prospective total revenue to be derived
4 by the State from the conduct of riverboat gambling;
5 (4) the extent to which the ownership of the applicant
6 reflects the diversity of the State by including minority
7 persons, females, and persons with a disability and the
8 good faith affirmative action plan of each applicant to
9 recruit, train and upgrade minority persons, females, and
10 persons with a disability in all employment
11 classifications;
12 (5) the financial ability of the applicant to purchase
13 and maintain adequate liability and casualty insurance;
14 (6) whether the applicant has adequate capitalization
15 to provide and maintain, for the duration of a license, a
16 riverboat or casino;
17 (7) the extent to which the applicant exceeds or meets
18 other standards for the issuance of an owners license which
19 the Board may adopt by rule; and
20 (8) the The amount of the applicant's license bid.
21 (c) Each owners license shall specify the place where the
22casino riverboats shall operate or the riverboat shall operate
23and dock.
24 (d) Each applicant shall submit with his application, on
25forms provided by the Board, 2 sets of his fingerprints.
26 (e) The Board may issue up to 10 licenses authorizing the

HB0385- 43 -LRB100 05884 MJP 15910 b
1holders of such licenses to own riverboats. In the application
2for an owners license, the applicant shall state the dock at
3which the riverboat is based and the water on which the
4riverboat will be located. The Board shall issue 5 licenses to
5become effective not earlier than January 1, 1991. Three of
6such licenses shall authorize riverboat gambling on the
7Mississippi River, or, with approval by the municipality in
8which the riverboat was docked on August 7, 2003 and with Board
9approval, be authorized to relocate to a new location, in a
10municipality that (1) borders on the Mississippi River or is
11within 5 miles of the city limits of a municipality that
12borders on the Mississippi River and (2), on August 7, 2003,
13had a riverboat conducting riverboat gambling operations
14pursuant to a license issued under this Act; one of which shall
15authorize riverboat gambling from a home dock in the city of
16East St. Louis. One other license shall authorize riverboat
17gambling on the Illinois River south of Marshall County. The
18Board shall issue one additional license to become effective
19not earlier than March 1, 1992, which shall authorize riverboat
20gambling on the Des Plaines River in Will County. The Board may
21issue 4 additional licenses to become effective not earlier
22than March 1, 1992. In determining the water upon which
23riverboats will operate, the Board shall consider the economic
24benefit which riverboat gambling confers on the State, and
25shall seek to assure that all regions of the State share in the
26economic benefits of riverboat gambling.

HB0385- 44 -LRB100 05884 MJP 15910 b
1 In granting all licenses, the Board may give favorable
2consideration to economically depressed areas of the State, to
3applicants presenting plans which provide for significant
4economic development over a large geographic area, and to
5applicants who currently operate non-gambling riverboats in
6Illinois. The Board shall review all applications for owners
7licenses, and shall inform each applicant of the Board's
8decision. The Board may grant an owners license to an applicant
9that has not submitted the highest license bid, but if it does
10not select the highest bidder, the Board shall issue a written
11decision explaining why another applicant was selected and
12identifying the factors set forth in this Section that favored
13the winning bidder.
14 In addition to any other revocation powers granted to the
15Board under this Act, the Board may revoke the owners license
16of a licensee which fails to begin conducting gambling within
1715 months of receipt of the Board's approval of the application
18if the Board determines that license revocation is in the best
19interests of the State.
20 (f) The first 10 owners licenses issued under this Act
21shall permit the holder to own up to 2 riverboats and equipment
22thereon for a period of 3 years after the effective date of the
23license. Holders of the first 10 owners licenses must pay the
24annual license fee for each of the 3 years during which they
25are authorized to own riverboats.
26 (g) Upon the termination, expiration, or revocation of each

HB0385- 45 -LRB100 05884 MJP 15910 b
1of the first 10 licenses, which shall be issued for a 3 year
2period, all licenses are renewable annually upon payment of the
3fee and a determination by the Board that the licensee
4continues to meet all of the requirements of this Act and the
5Board's rules. However, for licenses renewed on or after May 1,
61998, renewal shall be for a period of 4 years, unless the
7Board sets a shorter period.
8 (h) An owners license shall entitle the licensee to own up
9to 2 riverboats.
10 A licensee shall limit the number of gambling participants
11to 1,200 for any such owners license.
12 A licensee may operate both of its riverboats concurrently,
13provided that the total number of gambling participants on both
14riverboats does not exceed 1,200. Riverboats licensed to
15operate on the Mississippi River and the Illinois River south
16of Marshall County shall have an authorized capacity of at
17least 500 persons. Any other riverboat licensed under this Act
18shall have an authorized capacity of at least 400 persons.
19 (i) A licensed owner is authorized to apply to the Board
20for and, if approved therefor, to receive all licenses from the
21Board necessary for the operation of a riverboat, including a
22liquor license, a license to prepare and serve food for human
23consumption, and other necessary licenses. All use, occupation
24and excise taxes which apply to the sale of food and beverages
25in this State and all taxes imposed on the sale or use of
26tangible personal property apply to such sales aboard the

HB0385- 46 -LRB100 05884 MJP 15910 b
1riverboat.
2 (j) The Board may issue or re-issue a license authorizing a
3riverboat to dock in a municipality or approve a relocation
4under Section 11.2 only if, prior to the issuance or
5re-issuance of the license or approval, the governing body of
6the municipality in which the riverboat will dock has by a
7majority vote approved the docking of riverboats in the
8municipality. The Board may issue or re-issue a license
9authorizing a riverboat to dock in areas of a county outside
10any municipality or approve a relocation under Section 11.2
11only if, prior to the issuance or re-issuance of the license or
12approval, the governing body of the county has by a majority
13vote approved of the docking of riverboats within such areas.
14 (k) An owners licensee may conduct land-based gambling
15operations upon approval by the Board.
16(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
17 (230 ILCS 10/7.3)
18 Sec. 7.3. State conduct of gambling operations.
19 (a) If, after reviewing each application for a re-issued
20license, the Board determines that the highest prospective
21total revenue to the State would be derived from State conduct
22of the gambling operation in lieu of re-issuing the license,
23the Board shall inform each applicant of its decision. The
24Board shall thereafter have the authority, without obtaining an
25owners license, to conduct casino or riverboat gambling

HB0385- 47 -LRB100 05884 MJP 15910 b
1operations as previously authorized by the terminated,
2expired, revoked, or nonrenewed license through a licensed
3manager selected pursuant to an open and competitive bidding
4process as set forth in Section 7.5 and as provided in Section
57.4.
6 (b) The Board may locate any casino or riverboat on which a
7gambling operation is conducted by the State in any home dock
8or other location authorized by Section 3(c) upon receipt of
9approval from a majority vote of the governing body of the
10municipality or county, as the case may be, in which the
11riverboat will dock.
12 (c) The Board shall have jurisdiction over and shall
13supervise all gambling operations conducted by the State
14provided for in this Act and shall have all powers necessary
15and proper to fully and effectively execute the provisions of
16this Act relating to gambling operations conducted by the
17State.
18 (d) The maximum number of owners licenses authorized under
19Section 7(e) shall be reduced by one for each instance in which
20the Board authorizes the State to conduct a casino or riverboat
21gambling operation under subsection (a) in lieu of re-issuing a
22license to an applicant under Section 7.1.
23(Source: P.A. 93-28, eff. 6-20-03.)
24 (230 ILCS 10/7.4)
25 Sec. 7.4. Managers licenses.

HB0385- 48 -LRB100 05884 MJP 15910 b
1 (a) A qualified person may apply to the Board for a
2managers license to operate and manage any gambling operation
3conducted by the State. The application shall be made on forms
4provided by the Board and shall contain such information as the
5Board prescribes, including but not limited to information
6required in Sections 6(a), (b), and (c) and information
7relating to the applicant's proposed price to manage State
8gambling operations and to provide the riverboat, gambling
9equipment, and supplies necessary to conduct State gambling
10operations.
11 (b) Each applicant must submit evidence to the Board that
12minority persons and females hold ownership interests in the
13applicant of at least 16% and 4%, respectively.
14 (c) A person, firm, or corporation is ineligible to receive
15a managers license if:
16 (1) the person has been convicted of a felony under the
17 laws of this State, any other state, or the United States;
18 (2) the person has been convicted of any violation of
19 Article 28 of the Criminal Code of 1961 or the Criminal
20 Code of 2012, or substantially similar laws of any other
21 jurisdiction;
22 (3) the person has submitted an application for a
23 license under this Act which contains false information;
24 (4) the person is a member of the Board;
25 (5) a person defined in paragraph (1), (2), (3), or (4)
26 is an officer, director, or managerial employee of the firm

HB0385- 49 -LRB100 05884 MJP 15910 b
1 or corporation;
2 (6) the firm or corporation employs a person defined in
3 paragraph (1), (2), (3), or (4) who participates in the
4 management or operation of gambling operations authorized
5 under this Act; or
6 (7) a license of the person, firm, or corporation
7 issued under this Act, or a license to own or operate
8 gambling facilities in any other jurisdiction, has been
9 revoked.
10 (d) Each applicant shall submit with his or her
11application, on forms prescribed by the Board, 2 sets of his or
12her fingerprints.
13 (e) The Board shall charge each applicant a fee, set by the
14Board, to defray the costs associated with the background
15investigation conducted by the Board.
16 (f) A person who knowingly makes a false statement on an
17application is guilty of a Class A misdemeanor.
18 (g) The managers license shall be for a term not to exceed
1910 years, shall be renewable at the Board's option, and shall
20contain such terms and provisions as the Board deems necessary
21to protect or enhance the credibility and integrity of State
22gambling operations, achieve the highest prospective total
23revenue to the State, and otherwise serve the interests of the
24citizens of Illinois.
25 (h) Issuance of a managers license shall be subject to an
26open and competitive bidding process. The Board may select an

HB0385- 50 -LRB100 05884 MJP 15910 b
1applicant other than the lowest bidder by price. If it does not
2select the lowest bidder, the Board shall issue a notice of who
3the lowest bidder was and a written decision as to why another
4bidder was selected.
5(Source: P.A. 97-1150, eff. 1-25-13.)
6 (230 ILCS 10/8) (from Ch. 120, par. 2408)
7 Sec. 8. Suppliers licenses.
8 (a) The Board may issue a suppliers license to such
9persons, firms or corporations which apply therefor upon the
10payment of a non-refundable application fee set by the Board,
11upon a determination by the Board that the applicant is
12eligible for a suppliers license and upon payment of a $5,000
13annual license fee.
14 (b) The holder of a suppliers license is authorized to sell
15or lease, and to contract to sell or lease, gambling equipment
16and supplies to any licensee involved in the ownership or
17management of gambling operations.
18 (c) Gambling supplies and equipment may not be distributed
19unless supplies and equipment conform to standards adopted by
20rules of the Board.
21 (d) A person, firm or corporation is ineligible to receive
22a suppliers license if:
23 (1) the person has been convicted of a felony under the
24 laws of this State, any other state, or the United States;
25 (2) the person has been convicted of any violation of

HB0385- 51 -LRB100 05884 MJP 15910 b
1 Article 28 of the Criminal Code of 1961 or the Criminal
2 Code of 2012, or substantially similar laws of any other
3 jurisdiction;
4 (3) the person has submitted an application for a
5 license under this Act which contains false information;
6 (4) the person is a member of the Board;
7 (5) the firm or corporation is one in which a person
8 defined in paragraph (1), (2), (3), or (4), is an officer,
9 director, or managerial employee;
10 (6) the firm or corporation employs a person who
11 participates in the management or operation of riverboat
12 gambling authorized under this Act;
13 (7) the license of the person, firm, or corporation
14 issued under this Act, or a license to own or operate
15 gambling facilities in any other jurisdiction, has been
16 revoked.
17 (e) Any person that supplies any equipment, devices, or
18supplies to a licensed riverboat gambling operation or casino
19gambling operation must first obtain a suppliers license. A
20supplier shall furnish to the Board a list of all equipment,
21devices and supplies offered for sale or lease in connection
22with gambling games authorized under this Act. A supplier shall
23keep books and records for the furnishing of equipment, devices
24and supplies to gambling operations separate and distinct from
25any other business that the supplier might operate. A supplier
26shall file a quarterly return with the Board listing all sales

HB0385- 52 -LRB100 05884 MJP 15910 b
1and leases. A supplier shall permanently affix its name or a
2distinctive logo or other mark or design element identifying
3the manufacturer or supplier to all its equipment, devices, and
4supplies, except gaming chips without a value impressed,
5engraved, or imprinted on it, for gambling operations. The
6Board may waive this requirement for any specific product or
7products if it determines that the requirement is not necessary
8to protect the integrity of the game. Items purchased from a
9licensed supplier may continue to be used even though the
10supplier subsequently changes its name, distinctive logo, or
11other mark or design element; undergoes a change in ownership;
12or ceases to be licensed as a supplier for any reason. Any
13supplier's equipment, devices or supplies which are used by any
14person in an unauthorized gambling operation shall be forfeited
15to the State. A licensed owner may own its own equipment,
16devices, and supplies. Each holder of an owners license under
17this the Act shall file an annual report listing its
18inventories of gambling equipment, devices and supplies.
19 (f) Any person who knowingly makes a false statement on an
20application is guilty of a Class A misdemeanor.
21 (g) Any gambling equipment, devices, and supplies provided
22by any licensed supplier may either be repaired on the
23riverboat or in the casino or removed from the riverboat or
24casino to a an on-shore facility owned by the holder of an
25owners license for repair.
26(Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13;

HB0385- 53 -LRB100 05884 MJP 15910 b
198-756, eff. 7-16-14.)
2 (230 ILCS 10/9) (from Ch. 120, par. 2409)
3 Sec. 9. Occupational licenses.
4 (a) The Board may issue an occupational license to an
5applicant upon the payment of a non-refundable fee set by the
6Board, upon a determination by the Board that the applicant is
7eligible for an occupational license and upon payment of an
8annual license fee in an amount to be established. To be
9eligible for an occupational license, an applicant must:
10 (1) be at least 21 years of age if the applicant will
11 perform any function involved in gaming by patrons. Any
12 applicant seeking an occupational license for a non-gaming
13 function shall be at least 18 years of age;
14 (2) not have been convicted of a felony offense, a
15 violation of Article 28 of the Criminal Code of 1961 or the
16 Criminal Code of 2012, or a similar statute of any other
17 jurisdiction;
18 (2.5) not have been convicted of a crime, other than a
19 crime described in item (2) of this subsection (a),
20 involving dishonesty or moral turpitude, except that the
21 Board may, in its discretion, issue an occupational license
22 to a person who has been convicted of a crime described in
23 this item (2.5) more than 10 years prior to his or her
24 application and has not subsequently been convicted of any
25 other crime;

HB0385- 54 -LRB100 05884 MJP 15910 b
1 (3) have demonstrated a level of skill or knowledge
2 which the Board determines to be necessary in order to
3 operate gambling aboard a riverboat or in a casino; and
4 (4) have met standards for the holding of an
5 occupational license as adopted by rules of the Board. Such
6 rules shall provide that any person or entity seeking an
7 occupational license to manage gambling operations under
8 this Act hereunder shall be subject to background inquiries
9 and further requirements similar to those required of
10 applicants for an owners license. Furthermore, such rules
11 shall provide that each such entity shall be permitted to
12 manage gambling operations for only one licensed owner.
13 (b) Each application for an occupational license shall be
14on forms prescribed by the Board and shall contain all
15information required by the Board. The applicant shall set
16forth in the application: whether he has been issued prior
17gambling related licenses; whether he has been licensed in any
18other state under any other name, and, if so, such name and his
19age; and whether or not a permit or license issued to him in
20any other state has been suspended, restricted or revoked, and,
21if so, for what period of time.
22 (c) Each applicant shall submit with his application, on
23forms provided by the Board, 2 sets of his fingerprints. The
24Board shall charge each applicant a fee set by the Department
25of State Police to defray the costs associated with the search
26and classification of fingerprints obtained by the Board with

HB0385- 55 -LRB100 05884 MJP 15910 b
1respect to the applicant's application. These fees shall be
2paid into the State Police Services Fund.
3 (d) The Board may in its discretion refuse an occupational
4license to any person: (1) who is unqualified to perform the
5duties required of such applicant; (2) who fails to disclose or
6states falsely any information called for in the application;
7(3) who has been found guilty of a violation of this Act or
8whose prior gambling related license or application therefor
9has been suspended, restricted, revoked or denied for just
10cause in any other state; or (4) for any other just cause.
11 (e) The Board may suspend, revoke or restrict any
12occupational licensee: (1) for violation of any provision of
13this Act; (2) for violation of any of the rules and regulations
14of the Board; (3) for any cause which, if known to the Board,
15would have disqualified the applicant from receiving such
16license; or (4) for default in the payment of any obligation or
17debt due to the State of Illinois; or (5) for any other just
18cause.
19 (f) A person who knowingly makes a false statement on an
20application is guilty of a Class A misdemeanor.
21 (g) Any license issued pursuant to this Section shall be
22valid for a period of one year from the date of issuance.
23 (h) Nothing in this Act shall be interpreted to prohibit a
24licensed owner from entering into an agreement with a public
25community college or a school approved under the Private
26Business and Vocational Schools Act of 2012 for the training of

HB0385- 56 -LRB100 05884 MJP 15910 b
1any occupational licensee. Any training offered by such a
2school shall be in accordance with a written agreement between
3the licensed owner and the school.
4 (i) Any training provided for occupational licensees may be
5conducted either at the site of the gambling facility on the
6riverboat or at a school with which a licensed owner has
7entered into an agreement pursuant to subsection (h).
8(Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12;
997-1150, eff. 1-25-13.)
10 (230 ILCS 10/11) (from Ch. 120, par. 2411)
11 Sec. 11. Conduct of gambling. Gambling may be conducted by
12licensed owners or licensed managers on behalf of the State
13aboard riverboats or in a casino. Gambling authorized under
14this Section is , subject to the following standards:
15 (1) A licensee may conduct riverboat gambling
16 authorized under this Act regardless of whether it conducts
17 excursion cruises. A licensee may permit the continuous
18 ingress and egress of patrons passengers on a riverboat not
19 used for excursion cruises for the purpose of gambling.
20 Excursion cruises shall not exceed 4 hours for a round
21 trip. However, the Board may grant express approval for an
22 extended cruise on a case-by-case basis.
23 (2) (Blank).
24 (3) Minimum and maximum wagers on games shall be set by
25 the licensee.

HB0385- 57 -LRB100 05884 MJP 15910 b
1 (4) Agents of the Board and the Department of State
2 Police may board and inspect any riverboat or enter and
3 inspect any portion of a casino at any time for the purpose
4 of determining whether this Act is being complied with.
5 Every riverboat, if under way and being hailed by a law
6 enforcement officer or agent of the Board, must stop
7 immediately and lay to.
8 (5) Employees of the Board shall have the right to be
9 present on the riverboat or in the casino or on adjacent
10 facilities under the control of the licensee.
11 (6) Gambling equipment and supplies customarily used
12 in conducting riverboat or casino gambling must be
13 purchased or leased only from suppliers licensed for such
14 purpose under this Act. The Board may approve the transfer,
15 sale, or lease of gambling equipment and supplies by a
16 licensed owner from or to an affiliate of the licensed
17 owner as long as the gambling equipment and supplies were
18 initially acquired from a supplier licensed in Illinois.
19 (7) Persons licensed under this Act shall permit no
20 form of wagering on gambling games except as permitted by
21 this Act.
22 (8) Wagers may be received only from a person present
23 on a licensed riverboat or in a casino. No person present
24 on a licensed riverboat or in a casino shall place or
25 attempt to place a wager on behalf of another person who is
26 not present on the riverboat or in a casino.

HB0385- 58 -LRB100 05884 MJP 15910 b
1 (9) Wagering shall not be conducted with money or other
2 negotiable currency.
3 (10) A person under age 21 shall not be permitted on an
4 area of a riverboat or casino where gambling is being
5 conducted, except for a person at least 18 years of age who
6 is an employee of the riverboat or casino gambling
7 operation. No employee under age 21 shall perform any
8 function involved in gambling by the patrons. No person
9 under age 21 shall be permitted to make a wager under this
10 Act, and any winnings that are a result of a wager by a
11 person under age 21, whether or not paid by a licensee,
12 shall be treated as winnings for the privilege tax
13 purposes, confiscated, and forfeited to the State and
14 deposited into the Education Assistance Fund.
15 (11) Gambling excursion cruises are permitted only
16 when the waterway for which the riverboat is licensed is
17 navigable, as determined by the Board in consultation with
18 the U.S. Army Corps of Engineers. This paragraph (11) does
19 not limit the ability of a licensee to conduct gambling
20 authorized under this Act when gambling excursion cruises
21 are not permitted.
22 (12) All tokens, chips, or electronic cards used to
23 make wagers must be purchased (i) from a licensed owner or
24 manager, in the case of a riverboat, either aboard a
25 riverboat or at an onshore facility which has been approved
26 by the Board and which is located where the riverboat docks

HB0385- 59 -LRB100 05884 MJP 15910 b
1 or (ii) in the case of a casino, from a licensed owner or
2 manager at the casino. The tokens, chips or electronic
3 cards may be purchased by means of an agreement under which
4 the owner or manager extends credit to the patron. Such
5 tokens, chips or electronic cards may be used while aboard
6 the riverboat or in the casino only for the purpose of
7 making wagers on gambling games.
8 (13) Notwithstanding any other Section of this Act, in
9 addition to the other licenses authorized under this Act,
10 the Board may issue special event licenses allowing persons
11 who are not otherwise licensed to conduct riverboat
12 gambling to conduct such gambling on a specified date or
13 series of dates. Riverboat gambling under such a license
14 may take place on a riverboat not normally used for
15 riverboat gambling. The Board shall establish standards,
16 fees and fines for, and limitations upon, such licenses,
17 which may differ from the standards, fees, fines and
18 limitations otherwise applicable under this Act. All such
19 fees shall be deposited into the State Gaming Fund. All
20 such fines shall be deposited into the Education Assistance
21 Fund, created by Public Act 86-0018, of the State of
22 Illinois.
23 (14) In addition to the above, gambling must be
24 conducted in accordance with all rules adopted by the
25 Board.
26(Source: P.A. 96-1392, eff. 1-1-11.)

HB0385- 60 -LRB100 05884 MJP 15910 b
1 (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
2 Sec. 11.1. Collection of amounts owing under credit
3agreements. Notwithstanding any applicable statutory provision
4to the contrary, a licensed owner or manager who extends credit
5to a riverboat gambling patron pursuant to Section 11 (a) (12)
6of this Act is expressly authorized to institute a cause of
7action to collect any amounts due and owing under the extension
8of credit, as well as the licensed owner's or manager's costs,
9expenses and reasonable attorney's fees incurred in
10collection.
11(Source: P.A. 93-28, eff. 6-20-03.)
12 (230 ILCS 10/12) (from Ch. 120, par. 2412)
13 Sec. 12. Admission tax; fees.
14 (a) A tax is hereby imposed upon admissions to riverboat
15and casino gambling facilities riverboats operated by licensed
16owners authorized pursuant to this Act. Until July 1, 2002, the
17rate is $2 per person admitted. From July 1, 2002 until July 1,
182003, the rate is $3 per person admitted. From July 1, 2003
19until August 23, 2005 (the effective date of Public Act
2094-673), for a licensee that admitted 1,000,000 persons or
21fewer in the previous calendar year, the rate is $3 per person
22admitted; for a licensee that admitted more than 1,000,000 but
23no more than 2,300,000 persons in the previous calendar year,
24the rate is $4 per person admitted; and for a licensee that

HB0385- 61 -LRB100 05884 MJP 15910 b
1admitted more than 2,300,000 persons in the previous calendar
2year, the rate is $5 per person admitted. Beginning on August
323, 2005 (the effective date of Public Act 94-673), for a
4licensee that admitted 1,000,000 persons or fewer in calendar
5year 2004, the rate is $2 per person admitted, and for all
6other licensees, including licensees that were not conducting
7gambling operations in 2004, the rate is $3 per person
8admitted. This admission tax is imposed upon the licensed owner
9conducting gambling.
10 (1) The admission tax shall be paid for each admission,
11 except that a person who exits a riverboat gambling
12 facility and reenters that riverboat gambling facility
13 within the same gaming day shall be subject only to the
14 initial admission tax.
15 (2) (Blank).
16 (3) The riverboat licensee may issue tax-free passes to
17 actual and necessary officials and employees of the
18 licensee or other persons actually working on the riverboat
19 or casino.
20 (4) The number and issuance of tax-free passes is
21 subject to the rules of the Board, and a list of all
22 persons to whom the tax-free passes are issued shall be
23 filed with the Board.
24 (a-5) A fee is hereby imposed upon admissions to gambling
25operations operated by licensed managers on behalf of the State
26pursuant to Section 7.3 at the rates provided in this

HB0385- 62 -LRB100 05884 MJP 15910 b
1subsection (a-5). For a licensee that admitted 1,000,000
2persons or fewer in the previous calendar year, the rate is $3
3per person admitted; for a licensee that admitted more than
41,000,000 but no more than 2,300,000 persons in the previous
5calendar year, the rate is $4 per person admitted; and for a
6licensee that admitted more than 2,300,000 persons in the
7previous calendar year, the rate is $5 per person admitted.
8 (1) The admission fee shall be paid for each admission.
9 (2) (Blank).
10 (3) The licensed manager may issue fee-free passes to
11 actual and necessary officials and employees of the manager
12 or other persons actually working on the riverboat.
13 (4) The number and issuance of fee-free passes is
14 subject to the rules of the Board, and a list of all
15 persons to whom the fee-free passes are issued shall be
16 filed with the Board.
17 (b) From the tax imposed under subsection (a) and the fee
18imposed under subsection (a-5), a municipality shall receive
19from the State $1 for each person embarking on a riverboat
20docked within the municipality or entering a casino located
21within the municipality, and a county shall receive $1 for each
22person entering a casino or embarking on a riverboat docked
23within the county but outside the boundaries of any
24municipality. The municipality's or county's share shall be
25collected by the Board on behalf of the State and remitted
26quarterly by the State, subject to appropriation, to the

HB0385- 63 -LRB100 05884 MJP 15910 b
1treasurer of the unit of local government for deposit in the
2general fund.
3 (c) The licensed owner shall pay the entire admission tax
4to the Board and the licensed manager shall pay the entire
5admission fee to the Board. Such payments shall be made daily.
6Accompanying each payment shall be a return on forms provided
7by the Board which shall include other information regarding
8admissions as the Board may require. Failure to submit either
9the payment or the return within the specified time may result
10in suspension or revocation of the owners or managers license.
11 (d) The Board shall administer and collect the admission
12tax imposed by this Section, to the extent practicable, in a
13manner consistent with the provisions of Sections 4, 5, 5a, 5b,
145c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
15Retailers' Occupation Tax Act and Section 3-7 of the Uniform
16Penalty and Interest Act.
17(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
18 (230 ILCS 10/13) (from Ch. 120, par. 2413)
19 Sec. 13. Wagering tax; rate; distribution.
20 (a) Until January 1, 1998, a tax is imposed on the adjusted
21gross receipts received from gambling games authorized under
22this Act at the rate of 20%.
23 (a-1) From January 1, 1998 until July 1, 2002, a privilege
24tax is imposed on persons engaged in the business of conducting
25riverboat gambling operations, based on the adjusted gross

HB0385- 64 -LRB100 05884 MJP 15910 b
1receipts received by a licensed owner from gambling games
2authorized under this Act at the following rates:
3 15% of annual adjusted gross receipts up to and
4 including $25,000,000;
5 20% of annual adjusted gross receipts in excess of
6 $25,000,000 but not exceeding $50,000,000;
7 25% of annual adjusted gross receipts in excess of
8 $50,000,000 but not exceeding $75,000,000;
9 30% of annual adjusted gross receipts in excess of
10 $75,000,000 but not exceeding $100,000,000;
11 35% of annual adjusted gross receipts in excess of
12 $100,000,000.
13 (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
14is imposed on persons engaged in the business of conducting
15riverboat gambling operations, other than licensed managers
16conducting riverboat gambling operations on behalf of the
17State, based on the adjusted gross receipts received by a
18licensed owner from gambling games authorized under this Act at
19the following rates:
20 15% of annual adjusted gross receipts up to and
21 including $25,000,000;
22 22.5% of annual adjusted gross receipts in excess of
23 $25,000,000 but not exceeding $50,000,000;
24 27.5% of annual adjusted gross receipts in excess of
25 $50,000,000 but not exceeding $75,000,000;
26 32.5% of annual adjusted gross receipts in excess of

HB0385- 65 -LRB100 05884 MJP 15910 b
1 $75,000,000 but not exceeding $100,000,000;
2 37.5% of annual adjusted gross receipts in excess of
3 $100,000,000 but not exceeding $150,000,000;
4 45% of annual adjusted gross receipts in excess of
5 $150,000,000 but not exceeding $200,000,000;
6 50% of annual adjusted gross receipts in excess of
7 $200,000,000.
8 (a-3) Beginning July 1, 2003, a privilege tax is imposed on
9persons engaged in the business of conducting riverboat
10gambling operations, other than licensed managers conducting
11riverboat gambling operations on behalf of the State, based on
12the adjusted gross receipts received by a licensed owner from
13gambling games authorized under this Act at the following
14rates:
15 15% of annual adjusted gross receipts up to and
16 including $25,000,000;
17 27.5% of annual adjusted gross receipts in excess of
18 $25,000,000 but not exceeding $37,500,000;
19 32.5% of annual adjusted gross receipts in excess of
20 $37,500,000 but not exceeding $50,000,000;
21 37.5% of annual adjusted gross receipts in excess of
22 $50,000,000 but not exceeding $75,000,000;
23 45% of annual adjusted gross receipts in excess of
24 $75,000,000 but not exceeding $100,000,000;
25 50% of annual adjusted gross receipts in excess of
26 $100,000,000 but not exceeding $250,000,000;

HB0385- 66 -LRB100 05884 MJP 15910 b
1 70% of annual adjusted gross receipts in excess of
2 $250,000,000.
3 An amount equal to the amount of wagering taxes collected
4under this subsection (a-3) that are in addition to the amount
5of wagering taxes that would have been collected if the
6wagering tax rates under subsection (a-2) were in effect shall
7be paid into the Common School Fund.
8 The privilege tax imposed under this subsection (a-3) shall
9no longer be imposed beginning on the earlier of (i) July 1,
102005; (ii) the first date after June 20, 2003 that riverboat
11gambling operations are conducted pursuant to a dormant
12license; or (iii) the first day that riverboat gambling
13operations are conducted under the authority of an owners
14license that is in addition to the 10 owners licenses initially
15authorized under this Act. For the purposes of this subsection
16(a-3), the term "dormant license" means an owners license that
17is authorized by this Act under which no riverboat gambling
18operations are being conducted on June 20, 2003.
19 (a-4) Beginning on the first day on which the tax imposed
20under subsection (a-3) is no longer imposed, a privilege tax is
21imposed on persons engaged in the business of conducting
22riverboat or casino gambling operations, other than licensed
23managers conducting riverboat gambling operations on behalf of
24the State, based on the adjusted gross receipts received by a
25licensed owner from gambling games authorized under this Act at
26the following rates:

HB0385- 67 -LRB100 05884 MJP 15910 b
1 15% of annual adjusted gross receipts up to and
2 including $25,000,000;
3 22.5% of annual adjusted gross receipts in excess of
4 $25,000,000 but not exceeding $50,000,000;
5 27.5% of annual adjusted gross receipts in excess of
6 $50,000,000 but not exceeding $75,000,000;
7 32.5% of annual adjusted gross receipts in excess of
8 $75,000,000 but not exceeding $100,000,000;
9 37.5% of annual adjusted gross receipts in excess of
10 $100,000,000 but not exceeding $150,000,000;
11 45% of annual adjusted gross receipts in excess of
12 $150,000,000 but not exceeding $200,000,000;
13 50% of annual adjusted gross receipts in excess of
14 $200,000,000.
15 (a-8) Gambling Riverboat gambling operations conducted by
16a licensed manager on behalf of the State are not subject to
17the tax imposed under this Section.
18 (a-10) The taxes imposed by this Section shall be paid by
19the licensed owner to the Board not later than 5:00 o'clock
20p.m. of the day after the day when the wagers were made.
21 (a-15) If the privilege tax imposed under subsection (a-3)
22is no longer imposed pursuant to item (i) of the last paragraph
23of subsection (a-3), then by June 15 of each year, each owners
24licensee, other than an owners licensee that admitted 1,000,000
25persons or fewer in calendar year 2004, must, in addition to
26the payment of all amounts otherwise due under this Section,

HB0385- 68 -LRB100 05884 MJP 15910 b
1pay to the Board a reconciliation payment in the amount, if
2any, by which the licensed owner's base amount exceeds the
3amount of net privilege tax paid by the licensed owner to the
4Board in the then current State fiscal year. A licensed owner's
5net privilege tax obligation due for the balance of the State
6fiscal year shall be reduced up to the total of the amount paid
7by the licensed owner in its June 15 reconciliation payment.
8The obligation imposed by this subsection (a-15) is binding on
9any person, firm, corporation, or other entity that acquires an
10ownership interest in any such owners license. The obligation
11imposed under this subsection (a-15) terminates on the earliest
12of: (i) July 1, 2007, (ii) the first day after the effective
13date of this amendatory Act of the 94th General Assembly that
14riverboat gambling operations are conducted pursuant to a
15dormant license, (iii) the first day that riverboat gambling
16operations are conducted under the authority of an owners
17license that is in addition to the 10 owners licenses initially
18authorized under this Act, or (iv) the first day that a
19licensee under the Illinois Horse Racing Act of 1975 conducts
20gaming operations with slot machines or other electronic gaming
21devices. The Board must reduce the obligation imposed under
22this subsection (a-15) by an amount the Board deems reasonable
23for any of the following reasons: (A) an act or acts of God,
24(B) an act of bioterrorism or terrorism or a bioterrorism or
25terrorism threat that was investigated by a law enforcement
26agency, or (C) a condition beyond the control of the owners

HB0385- 69 -LRB100 05884 MJP 15910 b
1licensee that does not result from any act or omission by the
2owners licensee or any of its agents and that poses a hazardous
3threat to the health and safety of patrons. If an owners
4licensee pays an amount in excess of its liability under this
5Section, the Board shall apply the overpayment to future
6payments required under this Section.
7 For purposes of this subsection (a-15):
8 "Act of God" means an incident caused by the operation of
9an extraordinary force that cannot be foreseen, that cannot be
10avoided by the exercise of due care, and for which no person
11can be held liable.
12 "Base amount" means the following:
13 For a riverboat in Alton, $31,000,000.
14 For a riverboat in East Peoria, $43,000,000.
15 For the Empress riverboat in Joliet, $86,000,000.
16 For a riverboat in Metropolis, $45,000,000.
17 For the Harrah's riverboat in Joliet, $114,000,000.
18 For a riverboat in Aurora, $86,000,000.
19 For a riverboat in East St. Louis, $48,500,000.
20 For a riverboat in Elgin, $198,000,000.
21 "Dormant license" has the meaning ascribed to it in
22subsection (a-3).
23 "Net privilege tax" means all privilege taxes paid by a
24licensed owner to the Board under this Section, less all
25payments made from the State Gaming Fund pursuant to subsection
26(b) of this Section.

HB0385- 70 -LRB100 05884 MJP 15910 b
1 The changes made to this subsection (a-15) by Public Act
294-839 are intended to restate and clarify the intent of Public
3Act 94-673 with respect to the amount of the payments required
4to be made under this subsection by an owners licensee to the
5Board.
6 (b) From Until January 1, 1998, 25% of the tax revenue
7deposited in the State Gaming Fund under this Section shall be
8paid, subject to appropriation by the General Assembly, to the
9unit of local government which is designated as the home dock
10of the riverboat. Beginning January 1, 1998, from the tax
11revenue from owners licenses issued under Section 7 of this Act
12deposited in the State Gaming Fund under this Section, an
13amount equal to 5% of adjusted gross receipts generated by a
14riverboat or casino shall be paid monthly, subject to
15appropriation by the General Assembly, to the unit of local
16government in which the casino is located or that is designated
17as the home dock of the riverboat. From the tax revenue
18deposited in the State Gaming Fund pursuant to riverboat or
19casino gambling operations conducted by a licensed manager on
20behalf of the State under Section 7.3 of this Act, an amount
21equal to 5% of adjusted gross receipts generated pursuant to
22those riverboat or casino gambling operations shall be paid
23monthly, subject to appropriation by the General Assembly, to
24the unit of local government that is designated as the home
25dock of the riverboat upon which those riverboat gambling
26operations are conducted or in which the casino is located.

HB0385- 71 -LRB100 05884 MJP 15910 b
1 (c) Appropriations, as approved by the General Assembly,
2may be made from the State Gaming Fund to the Board (i) for the
3administration and enforcement of this Act and the Video Gaming
4Act, (ii) for distribution to the Department of State Police
5and to the Department of Revenue for the enforcement of this
6Act, and (iii) to the Department of Human Services for the
7administration of programs to treat problem gambling.
8 (c-5) Before May 26, 2006 (the effective date of Public Act
994-804) and beginning on the effective date of this amendatory
10Act of the 95th General Assembly, unless any organization
11licensee under the Illinois Horse Racing Act of 1975 begins to
12operate a slot machine or video game of chance under the
13Illinois Horse Racing Act of 1975 or this Act, after the
14payments required under subsections (b) and (c) have been made,
15an amount equal to 15% of the adjusted gross receipts of (1) an
16owners licensee that relocates pursuant to Section 11.2, (2) an
17owners licensee conducting riverboat gambling operations
18pursuant to an owners license that is initially issued after
19June 25, 1999, or (3) the first riverboat gambling operations
20conducted by a licensed manager on behalf of the State under
21Section 7.3, whichever comes first, shall be paid from the
22State Gaming Fund into the Horse Racing Equity Fund.
23 (c-10) Each year the General Assembly shall appropriate
24from the General Revenue Fund to the Education Assistance Fund
25an amount equal to the amount paid into the Horse Racing Equity
26Fund pursuant to subsection (c-5) in the prior calendar year.

HB0385- 72 -LRB100 05884 MJP 15910 b
1 (c-15) After the payments required under subsections (b),
2(c), and (c-5) have been made, an amount equal to 2% of the
3adjusted gross receipts of (1) an owners licensee that
4relocates pursuant to Section 11.2, (2) an owners licensee
5conducting riverboat gambling operations pursuant to an owners
6license that is initially issued after June 25, 1999, or (3)
7the first riverboat gambling operations conducted by a licensed
8manager on behalf of the State under Section 7.3, whichever
9comes first, shall be paid, subject to appropriation from the
10General Assembly, from the State Gaming Fund to each home rule
11county with a population of over 3,000,000 inhabitants for the
12purpose of enhancing the county's criminal justice system.
13 (c-20) Each year the General Assembly shall appropriate
14from the General Revenue Fund to the Education Assistance Fund
15an amount equal to the amount paid to each home rule county
16with a population of over 3,000,000 inhabitants pursuant to
17subsection (c-15) in the prior calendar year.
18 (c-25) On July 1, 2013 and each July 1 thereafter,
19$1,600,000 shall be transferred from the State Gaming Fund to
20the Chicago State University Education Improvement Fund.
21 (c-30) On July 1, 2013 or as soon as possible thereafter,
22$92,000,000 shall be transferred from the State Gaming Fund to
23the School Infrastructure Fund and $23,000,000 shall be
24transferred from the State Gaming Fund to the Horse Racing
25Equity Fund.
26 (c-35) Beginning on July 1, 2013, in addition to any amount

HB0385- 73 -LRB100 05884 MJP 15910 b
1transferred under subsection (c-30) of this Section,
2$5,530,000 shall be transferred monthly from the State Gaming
3Fund to the School Infrastructure Fund.
4 (d) From time to time, the Board shall transfer the
5remainder of the funds generated by this Act into the Education
6Assistance Fund, created by Public Act 86-0018, of the State of
7Illinois.
8 (e) Nothing in this Act shall prohibit the unit of local
9government designated as the home dock of the riverboat from
10entering into agreements with other units of local government
11in this State or in other states to share its portion of the
12tax revenue.
13 (f) To the extent practicable, the Board shall administer
14and collect the wagering taxes imposed by this Section in a
15manner consistent with the provisions of Sections 4, 5, 5a, 5b,
165c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
17Retailers' Occupation Tax Act and Section 3-7 of the Uniform
18Penalty and Interest Act.
19(Source: P.A. 98-18, eff. 6-7-13.)
20 (230 ILCS 10/18) (from Ch. 120, par. 2418)
21 Sec. 18. Prohibited Activities - Penalty.
22 (a) A person is guilty of a Class A misdemeanor for doing
23any of the following:
24 (1) Conducting gambling where wagering is used or to be
25 used without a license issued by the Board.

HB0385- 74 -LRB100 05884 MJP 15910 b
1 (2) Conducting gambling where wagering is permitted
2 other than in the manner specified by Section 11.
3 (b) A person is guilty of a Class B misdemeanor for doing
4any of the following:
5 (1) permitting a person under 21 years to make a wager;
6 or
7 (2) violating paragraph (12) of subsection (a) of
8 Section 11 of this Act.
9 (c) A person wagering or accepting a wager at any location
10outside the riverboat or casino in violation of paragraph is
11subject to the penalties in paragraphs (1) or (2) of subsection
12(a) of Section 28-1 of the Criminal Code of 2012 is subject to
13the penalties provided in that Section.
14 (d) A person commits a Class 4 felony and, in addition,
15shall be barred for life from gambling operations riverboats
16under the jurisdiction of the Board, if the person does any of
17the following:
18 (1) Offers, promises, or gives anything of value or
19 benefit to a person who is connected with a riverboat or
20 casino owner including, but not limited to, an officer or
21 employee of a licensed owner or holder of an occupational
22 license pursuant to an agreement or arrangement or with the
23 intent that the promise or thing of value or benefit will
24 influence the actions of the person to whom the offer,
25 promise, or gift was made in order to affect or attempt to
26 affect the outcome of a gambling game, or to influence

HB0385- 75 -LRB100 05884 MJP 15910 b
1 official action of a member of the Board.
2 (2) Solicits or knowingly accepts or receives a promise
3 of anything of value or benefit while the person is
4 connected with a riverboat or casino, including, but not
5 limited to, an officer or employee of a licensed owner, or
6 the holder of an occupational license, pursuant to an
7 understanding or arrangement or with the intent that the
8 promise or thing of value or benefit will influence the
9 actions of the person to affect or attempt to affect the
10 outcome of a gambling game, or to influence official action
11 of a member of the Board.
12 (3) Uses or possesses with the intent to use a device
13 to assist:
14 (i) In projecting the outcome of the game.
15 (ii) In keeping track of the cards played.
16 (iii) In analyzing the probability of the
17 occurrence of an event relating to the gambling game.
18 (iv) In analyzing the strategy for playing or
19 betting to be used in the game except as permitted by
20 the Board.
21 (4) Cheats at a gambling game.
22 (5) Manufactures, sells, or distributes any cards,
23 chips, dice, game or device which is intended to be used to
24 violate any provision of this Act.
25 (6) Alters or misrepresents the outcome of a gambling
26 game on which wagers have been made after the outcome is

HB0385- 76 -LRB100 05884 MJP 15910 b
1 made sure but before it is revealed to the players.
2 (7) Places a bet after acquiring knowledge, not
3 available to all players, of the outcome of the gambling
4 game which is subject of the bet or to aid a person in
5 acquiring the knowledge for the purpose of placing a bet
6 contingent on that outcome.
7 (8) Claims, collects, or takes, or attempts to claim,
8 collect, or take, money or anything of value in or from the
9 gambling games, with intent to defraud, without having made
10 a wager contingent on winning a gambling game, or claims,
11 collects, or takes an amount of money or thing of value of
12 greater value than the amount won.
13 (9) Uses counterfeit chips or tokens in a gambling
14 game.
15 (10) Possesses any key or device designed for the
16 purpose of opening, entering, or affecting the operation of
17 a gambling game, drop box, or an electronic or mechanical
18 device connected with the gambling game or for removing
19 coins, tokens, chips or other contents of a gambling game.
20 This paragraph (10) does not apply to a gambling licensee
21 or employee of a gambling licensee acting in furtherance of
22 the employee's employment.
23 (e) The possession of more than one of the devices
24described in subsection (d), paragraphs (3), (5), or (10)
25permits a rebuttable presumption that the possessor intended to
26use the devices for cheating.

HB0385- 77 -LRB100 05884 MJP 15910 b
1 (f) A person under the age of 21 who, except as authorized
2under paragraph (10) of Section 11, enters upon a riverboat or
3in a casino commits a petty offense and is subject to a fine of
4not less than $100 or more than $250 for a first offense and of
5not less than $200 or more than $500 for a second or subsequent
6offense.
7 An action to prosecute any crime occurring on a riverboat
8shall be tried in the county of the dock at which the riverboat
9is based. An action to prosecute any crime occurring in a
10casino shall be tried in the county in which the casino is
11located.
12(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
13 (230 ILCS 10/18.1)
14 Sec. 18.1. Distribution of certain fines. If a fine is
15imposed on an owner licensee for knowingly sending marketing or
16promotional materials to any person placed on the
17self-exclusion list, then the Board shall distribute an amount
18equal to 15% of the fine imposed to the unit of local
19government in which the riverboat or casino is located for the
20purpose of awarding grants to non-profit entities that assist
21gambling addicts.
22(Source: P.A. 96-224, eff. 8-11-09.)
23 (230 ILCS 10/19) (from Ch. 120, par. 2419)
24 Sec. 19. Forfeiture of property.

HB0385- 78 -LRB100 05884 MJP 15910 b
1 (a) Except as provided in subsection (b), any riverboat or
2casino used for the conduct of gambling games in violation of
3this Act shall be considered a gambling place in violation of
4Section 28-3 of the Criminal Code of 2012. Every gambling
5device found on a riverboat or in a casino operating gambling
6games in violation of this Act shall be subject to seizure,
7confiscation and destruction as provided in Section 28-5 of the
8Criminal Code of 2012.
9 (b) It is not a violation of this Act for a riverboat or
10other watercraft which is licensed for gaming by a contiguous
11state to dock on the shores of this State if the municipality
12having jurisdiction of the shores, or the county in the case of
13unincorporated areas, has granted permission for docking and no
14gaming is conducted on the riverboat or other watercraft while
15it is docked on the shores of this State. No gambling device
16shall be subject to seizure, confiscation or destruction if the
17gambling device is located on a riverboat or other watercraft
18which is licensed for gaming by a contiguous state and which is
19docked on the shores of this State if the municipality having
20jurisdiction of the shores, or the county in the case of
21unincorporated areas, has granted permission for docking and no
22gaming is conducted on the riverboat or other watercraft while
23it is docked on the shores of this State.
24(Source: P.A. 97-1150, eff. 1-25-13.)
25 (230 ILCS 10/20) (from Ch. 120, par. 2420)

HB0385- 79 -LRB100 05884 MJP 15910 b
1 Sec. 20. Prohibited activities - civil penalties. Any
2person who conducts a gambling operation without first
3obtaining a license to do so, or who continues to conduct such
4games after revocation of his license, or any licensee who
5conducts or allows to be conducted any unauthorized gambling
6games on a riverboat or in a casino where it is authorized to
7conduct its riverboat gambling operation, in addition to other
8penalties provided, shall be subject to a civil penalty equal
9to the amount of gross receipts derived from wagering on the
10gambling games, whether unauthorized or authorized, conducted
11on that day as well as confiscation and forfeiture of all
12gambling game equipment used in the conduct of unauthorized
13gambling games.
14(Source: P.A. 86-1029.)
15 (230 ILCS 10/24)
16 Sec. 24. Applicability of this Illinois Riverboat Gambling
17Act. The provisions of the this Illinois Riverboat Gambling
18Act, and all rules promulgated thereunder, shall apply to the
19Video Gaming Act, except where there is a conflict between the
202 Acts.
21(Source: P.A. 96-37, eff. 7-13-09.)
22 Section 40. The Video Gaming Act is amended by changing
23Sections 5, 25, 45, 79, and 80 as follows:

HB0385- 80 -LRB100 05884 MJP 15910 b
1 (230 ILCS 40/5)
2 Sec. 5. Definitions. As used in this Act:
3 "Board" means the Illinois Gaming Board.
4 "Credit" means one, 5, 10, or 25 cents either won or
5purchased by a player.
6 "Distributor" means an individual, partnership,
7corporation, or limited liability company licensed under this
8Act to buy, sell, lease, or distribute video gaming terminals
9or major components or parts of video gaming terminals to or
10from terminal operators.
11 "Electronic card" means a card purchased from a licensed
12establishment, licensed fraternal establishment, licensed
13veterans establishment, or licensed truck stop establishment
14for use in that establishment as a substitute for cash in the
15conduct of gaming on a video gaming terminal.
16 "Electronic voucher" means a voucher printed by an
17electronic video game machine that is redeemable in the
18licensed establishment for which it was issued.
19 "Terminal operator" means an individual, partnership,
20corporation, or limited liability company that is licensed
21under this Act and that owns, services, and maintains video
22gaming terminals for placement in licensed establishments,
23licensed truck stop establishments, licensed fraternal
24establishments, or licensed veterans establishments.
25 "Licensed technician" means an individual who is licensed
26under this Act to repair, service, and maintain video gaming

HB0385- 81 -LRB100 05884 MJP 15910 b
1terminals.
2 "Licensed terminal handler" means a person, including but
3not limited to an employee or independent contractor working
4for a manufacturer, distributor, supplier, technician, or
5terminal operator, who is licensed under this Act to possess or
6control a video gaming terminal or to have access to the inner
7workings of a video gaming terminal. A licensed terminal
8handler does not include an individual, partnership,
9corporation, or limited liability company defined as a
10manufacturer, distributor, supplier, technician, or terminal
11operator under this Act.
12 "Manufacturer" means an individual, partnership,
13corporation, or limited liability company that is licensed
14under this Act and that manufactures or assembles video gaming
15terminals.
16 "Supplier" means an individual, partnership, corporation,
17or limited liability company that is licensed under this Act to
18supply major components or parts to video gaming terminals to
19licensed terminal operators.
20 "Net terminal income" means money put into a video gaming
21terminal minus credits paid out to players.
22 "Video gaming terminal" means any electronic video game
23machine that, upon insertion of cash, electronic cards or
24vouchers, or any combination thereof, is available to play or
25simulate the play of a video game, including but not limited to
26video poker, line up, and blackjack, as authorized by the Board

HB0385- 82 -LRB100 05884 MJP 15910 b
1utilizing a video display and microprocessors in which the
2player may receive free games or credits that can be redeemed
3for cash. The term does not include a machine that directly
4dispenses coins, cash, or tokens or is for amusement purposes
5only.
6 "Licensed establishment" means any licensed retail
7establishment where alcoholic liquor is drawn, poured, mixed,
8or otherwise served for consumption on the premises, whether
9the establishment operates on a nonprofit or for-profit basis.
10"Licensed establishment" includes any such establishment that
11has a contractual relationship with an inter-track wagering
12location licensee licensed under the Illinois Horse Racing Act
13of 1975, provided any contractual relationship shall not
14include any transfer or offer of revenue from the operation of
15video gaming under this Act to any licensee licensed under the
16Illinois Horse Racing Act of 1975. Provided, however, that the
17licensed establishment that has such a contractual
18relationship with an inter-track wagering location licensee
19may not, itself, be (i) an inter-track wagering location
20licensee, (ii) the corporate parent or subsidiary of any
21licensee licensed under the Illinois Horse Racing Act of 1975,
22or (iii) the corporate subsidiary of a corporation that is also
23the corporate parent or subsidiary of any licensee licensed
24under the Illinois Horse Racing Act of 1975. "Licensed
25establishment" does not include a facility operated by an
26organization licensee, an inter-track wagering licensee, or an

HB0385- 83 -LRB100 05884 MJP 15910 b
1inter-track wagering location licensee licensed under the
2Illinois Horse Racing Act of 1975 or a riverboat licensed under
3the Riverboat and Casino Gambling Act, except as provided in
4this paragraph. The changes made to this definition by Public
5Act 98-587 are declarative of existing law.
6 "Licensed fraternal establishment" means the location
7where a qualified fraternal organization that derives its
8charter from a national fraternal organization regularly
9meets.
10 "Licensed veterans establishment" means the location where
11a qualified veterans organization that derives its charter from
12a national veterans organization regularly meets.
13 "Licensed truck stop establishment" means a facility (i)
14that is at least a 3-acre facility with a convenience store,
15(ii) with separate diesel islands for fueling commercial motor
16vehicles, (iii) that sells at retail more than 10,000 gallons
17of diesel or biodiesel fuel per month, and (iv) with parking
18spaces for commercial motor vehicles. "Commercial motor
19vehicles" has the same meaning as defined in Section 18b-101 of
20the Illinois Vehicle Code. The requirement of item (iii) of
21this paragraph may be met by showing that estimated future
22sales or past sales average at least 10,000 gallons per month.
23(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13;
2498-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff.
257-16-14.)

HB0385- 84 -LRB100 05884 MJP 15910 b
1 (230 ILCS 40/25)
2 Sec. 25. Restriction of licensees.
3 (a) Manufacturer. A person may not be licensed as a
4manufacturer of a video gaming terminal in Illinois unless the
5person has a valid manufacturer's license issued under this
6Act. A manufacturer may only sell video gaming terminals for
7use in Illinois to persons having a valid distributor's
8license.
9 (b) Distributor. A person may not sell, distribute, or
10lease or market a video gaming terminal in Illinois unless the
11person has a valid distributor's license issued under this Act.
12A distributor may only sell video gaming terminals for use in
13Illinois to persons having a valid distributor's or terminal
14operator's license.
15 (c) Terminal operator. A person may not own, maintain, or
16place a video gaming terminal unless he has a valid terminal
17operator's license issued under this Act. A terminal operator
18may only place video gaming terminals for use in Illinois in
19licensed establishments, licensed truck stop establishments,
20licensed fraternal establishments, and licensed veterans
21establishments. No terminal operator may give anything of
22value, including but not limited to a loan or financing
23arrangement, to a licensed establishment, licensed truck stop
24establishment, licensed fraternal establishment, or licensed
25veterans establishment as any incentive or inducement to locate
26video terminals in that establishment. Of the after-tax profits

HB0385- 85 -LRB100 05884 MJP 15910 b
1from a video gaming terminal, 50% shall be paid to the terminal
2operator and 50% shall be paid to the licensed establishment,
3licensed truck stop establishment, licensed fraternal
4establishment, or licensed veterans establishment,
5notwithstanding any agreement to the contrary. A video terminal
6operator that violates one or more requirements of this
7subsection is guilty of a Class 4 felony and is subject to
8termination of his or her license by the Board.
9 (d) Licensed technician. A person may not service,
10maintain, or repair a video gaming terminal in this State
11unless he or she (1) has a valid technician's license issued
12under this Act, (2) is a terminal operator, or (3) is employed
13by a terminal operator, distributor, or manufacturer.
14 (d-5) Licensed terminal handler. No person, including, but
15not limited to, an employee or independent contractor working
16for a manufacturer, distributor, supplier, technician, or
17terminal operator licensed pursuant to this Act, shall have
18possession or control of a video gaming terminal, or access to
19the inner workings of a video gaming terminal, unless that
20person possesses a valid terminal handler's license issued
21under this Act.
22 (e) Licensed establishment. No video gaming terminal may be
23placed in any licensed establishment, licensed veterans
24establishment, licensed truck stop establishment, or licensed
25fraternal establishment unless the owner or agent of the owner
26of the licensed establishment, licensed veterans

HB0385- 86 -LRB100 05884 MJP 15910 b
1establishment, licensed truck stop establishment, or licensed
2fraternal establishment has entered into a written use
3agreement with the terminal operator for placement of the
4terminals. A copy of the use agreement shall be on file in the
5terminal operator's place of business and available for
6inspection by individuals authorized by the Board. A licensed
7establishment, licensed truck stop establishment, licensed
8veterans establishment, or licensed fraternal establishment
9may operate up to 5 video gaming terminals on its premises at
10any time.
11 (f) (Blank).
12 (g) Financial interest restrictions. As used in this Act,
13"substantial interest" in a partnership, a corporation, an
14organization, an association, a business, or a limited
15liability company means:
16 (A) When, with respect to a sole proprietorship, an
17 individual or his or her spouse owns, operates, manages, or
18 conducts, directly or indirectly, the organization,
19 association, or business, or any part thereof; or
20 (B) When, with respect to a partnership, the individual
21 or his or her spouse shares in any of the profits, or
22 potential profits, of the partnership activities; or
23 (C) When, with respect to a corporation, an individual
24 or his or her spouse is an officer or director, or the
25 individual or his or her spouse is a holder, directly or
26 beneficially, of 5% or more of any class of stock of the

HB0385- 87 -LRB100 05884 MJP 15910 b
1 corporation; or
2 (D) When, with respect to an organization not covered
3 in (A), (B) or (C) above, an individual or his or her
4 spouse is an officer or manages the business affairs, or
5 the individual or his or her spouse is the owner of or
6 otherwise controls 10% or more of the assets of the
7 organization; or
8 (E) When an individual or his or her spouse furnishes
9 5% or more of the capital, whether in cash, goods, or
10 services, for the operation of any business, association,
11 or organization during any calendar year; or
12 (F) When, with respect to a limited liability company,
13 an individual or his or her spouse is a member, or the
14 individual or his or her spouse is a holder, directly or
15 beneficially, of 5% or more of the membership interest of
16 the limited liability company.
17 For purposes of this subsection (g), "individual" includes
18all individuals or their spouses whose combined interest would
19qualify as a substantial interest under this subsection (g) and
20whose activities with respect to an organization, association,
21or business are so closely aligned or coordinated as to
22constitute the activities of a single entity.
23 (h) Location restriction. A licensed establishment,
24licensed truck stop establishment, licensed fraternal
25establishment, or licensed veterans establishment that is (i)
26located within 1,000 feet of a facility operated by an

HB0385- 88 -LRB100 05884 MJP 15910 b
1organization licensee licensed under the Illinois Horse Racing
2Act of 1975 or a casino or the home dock of a riverboat
3licensed under the Riverboat and Casino Gambling Act or (ii)
4located within 100 feet of a school or a place of worship under
5the Religious Corporation Act, is ineligible to operate a video
6gaming terminal. The location restrictions in this subsection
7(h) do not apply if (A) a facility operated by an organization
8licensee, a school, or a place of worship moves to or is
9established within the restricted area after a licensed
10establishment, licensed truck stop establishment, licensed
11fraternal establishment, or licensed veterans establishment
12becomes licensed under this Act or (B) a school or place of
13worship moves to or is established within the restricted area
14after a licensed establishment, licensed truck stop
15establishment, licensed fraternal establishment, or licensed
16veterans establishment obtains its original liquor license.
17For the purpose of this subsection, "school" means an
18elementary or secondary public school, or an elementary or
19secondary private school registered with or recognized by the
20State Board of Education.
21 Notwithstanding the provisions of this subsection (h), the
22Board may waive the requirement that a licensed establishment,
23licensed truck stop establishment, licensed fraternal
24establishment, or licensed veterans establishment not be
25located within 1,000 feet from a facility operated by an
26organization licensee licensed under the Illinois Horse Racing

HB0385- 89 -LRB100 05884 MJP 15910 b
1Act of 1975 or a casino or the home dock of a riverboat
2licensed under the Riverboat and Casino Gambling Act. The Board
3shall not grant such waiver if there is any common ownership or
4control, shared business activity, or contractual arrangement
5of any type between the establishment and the organization
6licensee or owners licensee of a riverboat. The Board shall
7adopt rules to implement the provisions of this paragraph.
8 (i) Undue economic concentration. In addition to
9considering all other requirements under this Act, in deciding
10whether to approve the operation of video gaming terminals by a
11terminal operator in a location, the Board shall consider the
12impact of any economic concentration of such operation of video
13gaming terminals. The Board shall not allow a terminal operator
14to operate video gaming terminals if the Board determines such
15operation will result in undue economic concentration. For
16purposes of this Section, "undue economic concentration" means
17that a terminal operator would have such actual or potential
18influence over video gaming terminals in Illinois as to:
19 (1) substantially impede or suppress competition among
20 terminal operators;
21 (2) adversely impact the economic stability of the
22 video gaming industry in Illinois; or
23 (3) negatively impact the purposes of the Video Gaming
24 Act.
25 The Board shall adopt rules concerning undue economic
26concentration with respect to the operation of video gaming

HB0385- 90 -LRB100 05884 MJP 15910 b
1terminals in Illinois. The rules shall include, but not be
2limited to, (i) limitations on the number of video gaming
3terminals operated by any terminal operator within a defined
4geographic radius and (ii) guidelines on the discontinuation of
5operation of any such video gaming terminals the Board
6determines will cause undue economic concentration.
7 (j) The provisions of the Illinois Antitrust Act are fully
8and equally applicable to the activities of any licensee under
9this Act.
10(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77,
11eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
12 (230 ILCS 40/45)
13 Sec. 45. Issuance of license.
14 (a) The burden is upon each applicant to demonstrate his
15suitability for licensure. Each video gaming terminal
16manufacturer, distributor, supplier, operator, handler,
17licensed establishment, licensed truck stop establishment,
18licensed fraternal establishment, and licensed veterans
19establishment shall be licensed by the Board. The Board may
20issue or deny a license under this Act to any person pursuant
21to the same criteria set forth in Section 9 of the Riverboat
22and Casino Gambling Act.
23 (a-5) The Board shall not grant a license to a person who
24has facilitated, enabled, or participated in the use of
25coin-operated devices for gambling purposes or who is under the

HB0385- 91 -LRB100 05884 MJP 15910 b
1significant influence or control of such a person. For the
2purposes of this Act, "facilitated, enabled, or participated in
3the use of coin-operated amusement devices for gambling
4purposes" means that the person has been convicted of any
5violation of Article 28 of the Criminal Code of 1961 or the
6Criminal Code of 2012. If there is pending legal action against
7a person for any such violation, then the Board shall delay the
8licensure of that person until the legal action is resolved.
9 (b) Each person seeking and possessing a license as a video
10gaming terminal manufacturer, distributor, supplier, operator,
11handler, licensed establishment, licensed truck stop
12establishment, licensed fraternal establishment, or licensed
13veterans establishment shall submit to a background
14investigation conducted by the Board with the assistance of the
15State Police or other law enforcement. To the extent that the
16corporate structure of the applicant allows, the background
17investigation shall include any or all of the following as the
18Board deems appropriate or as provided by rule for each
19category of licensure: (i) each beneficiary of a trust, (ii)
20each partner of a partnership, (iii) each member of a limited
21liability company, (iv) each director and officer of a publicly
22or non-publicly held corporation, (v) each stockholder of a
23non-publicly held corporation, (vi) each stockholder of 5% or
24more of a publicly held corporation, or (vii) each stockholder
25of 5% or more in a parent or subsidiary corporation.
26 (c) Each person seeking and possessing a license as a video

HB0385- 92 -LRB100 05884 MJP 15910 b
1gaming terminal manufacturer, distributor, supplier, operator,
2handler, licensed establishment, licensed truck stop
3establishment, licensed fraternal establishment, or licensed
4veterans establishment shall disclose the identity of every
5person, association, trust, corporation, or limited liability
6company having a greater than 1% direct or indirect pecuniary
7interest in the video gaming terminal operation for which the
8license is sought. If the disclosed entity is a trust, the
9application shall disclose the names and addresses of the
10beneficiaries; if a corporation, the names and addresses of all
11stockholders and directors; if a limited liability company, the
12names and addresses of all members; or if a partnership, the
13names and addresses of all partners, both general and limited.
14 (d) No person may be licensed as a video gaming terminal
15manufacturer, distributor, supplier, operator, handler,
16licensed establishment, licensed truck stop establishment,
17licensed fraternal establishment, or licensed veterans
18establishment if that person has been found by the Board to:
19 (1) have a background, including a criminal record,
20 reputation, habits, social or business associations, or
21 prior activities that pose a threat to the public interests
22 of the State or to the security and integrity of video
23 gaming;
24 (2) create or enhance the dangers of unsuitable,
25 unfair, or illegal practices, methods, and activities in
26 the conduct of video gaming; or

HB0385- 93 -LRB100 05884 MJP 15910 b
1 (3) present questionable business practices and
2 financial arrangements incidental to the conduct of video
3 gaming activities.
4 (e) Any applicant for any license under this Act has the
5burden of proving his or her qualifications to the satisfaction
6of the Board. The Board may adopt rules to establish additional
7qualifications and requirements to preserve the integrity and
8security of video gaming in this State.
9 (f) A non-refundable application fee shall be paid at the
10time an application for a license is filed with the Board in
11the following amounts:
12 (1) Manufacturer..........................$5,000
13 (2) Distributor...........................$5,000
14 (3) Terminal operator.....................$5,000
15 (4) Supplier..............................$2,500
16 (5) Technician..............................$100
17 (6) Terminal Handler..............................$50
18 (g) The Board shall establish an annual fee for each
19license not to exceed the following:
20 (1) Manufacturer.........................$10,000
21 (2) Distributor..........................$10,000
22 (3) Terminal operator.....................$5,000
23 (4) Supplier..............................$2,000
24 (5) Technician..............................$100
25 (6) Licensed establishment, licensed truck stop
26 establishment, licensed fraternal establishment,

HB0385- 94 -LRB100 05884 MJP 15910 b
1 or licensed veterans establishment..............$100
2 (7) Video gaming terminal...................$100
3 (8) Terminal Handler..............................$50
4 (h) A terminal operator and a licensed establishment,
5licensed truck stop establishment, licensed fraternal
6establishment, or licensed veterans establishment shall
7equally split the fees specified in item (7) of subsection (g).
8(Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13;
998-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
10 (230 ILCS 40/79)
11 Sec. 79. Investigators. Investigators appointed by the
12Board pursuant to the powers conferred upon the Board by
13paragraph (20.6) of subsection (c) of Section 5 of the
14Riverboat and Casino Gambling Act and Section 80 of this Act
15shall have authority to conduct investigations, searches,
16seizures, arrests, and other duties imposed under this Act and
17the Riverboat and Casino Gambling Act, as deemed necessary by
18the Board. These investigators have and may exercise all of the
19rights and powers of peace officers, provided that these powers
20shall be (1) limited to offenses or violations occurring or
21committed in connection with conduct subject to this Act,
22including, but not limited to, the manufacture, distribution,
23supply, operation, placement, service, maintenance, or play of
24video gaming terminals and the distribution of profits and
25collection of revenues resulting from such play, and (2)

HB0385- 95 -LRB100 05884 MJP 15910 b
1exercised, to the fullest extent practicable, in cooperation
2with the local police department of the applicable municipality
3or, if these powers are exercised outside the boundaries of an
4incorporated municipality or within a municipality that does
5not have its own police department, in cooperation with the
6police department whose jurisdiction encompasses the
7applicable locality.
8(Source: P.A. 97-809, eff. 7-13-12.)
9 (230 ILCS 40/80)
10 Sec. 80. Applicability of Illinois Riverboat and Casino
11Gambling Act. The provisions of the Illinois Riverboat and
12Casino Gambling Act, and all rules promulgated thereunder,
13shall apply to the Video Gaming Act, except where there is a
14conflict between the 2 Acts. All provisions of the Uniform
15Penalty and Interest Act shall apply, as far as practicable, to
16the subject matter of this Act to the same extent as if such
17provisions were included herein.
18(Source: P.A. 96-37, eff. 7-13-09.)
19 Section 45. The Liquor Control Act of 1934 is amended by
20changing Sections 5-1 and 6-30 as follows:
21 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
22 Sec. 5-1. Licenses issued by the Illinois Liquor Control
23Commission shall be of the following classes:

HB0385- 96 -LRB100 05884 MJP 15910 b
1 (a) Manufacturer's license - Class 1. Distiller, Class 2.
2Rectifier, Class 3. Brewer, Class 4. First Class Wine
3Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
4First Class Winemaker, Class 7. Second Class Winemaker, Class
58. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
610. Class 1 Brewer, Class 11. Class 2 Brewer,
7 (b) Distributor's license,
8 (c) Importing Distributor's license,
9 (d) Retailer's license,
10 (e) Special Event Retailer's license (not-for-profit),
11 (f) Railroad license,
12 (g) Boat license,
13 (h) Non-Beverage User's license,
14 (i) Wine-maker's premises license,
15 (j) Airplane license,
16 (k) Foreign importer's license,
17 (l) Broker's license,
18 (m) Non-resident dealer's license,
19 (n) Brew Pub license,
20 (o) Auction liquor license,
21 (p) Caterer retailer license,
22 (q) Special use permit license,
23 (r) Winery shipper's license,
24 (s) Craft distiller tasting permit.
25 No person, firm, partnership, corporation, or other legal
26business entity that is engaged in the manufacturing of wine

HB0385- 97 -LRB100 05884 MJP 15910 b
1may concurrently obtain and hold a wine-maker's license and a
2wine manufacturer's license.
3 (a) A manufacturer's license shall allow the manufacture,
4importation in bulk, storage, distribution and sale of
5alcoholic liquor to persons without the State, as may be
6permitted by law and to licensees in this State as follows:
7 Class 1. A Distiller may make sales and deliveries of
8alcoholic liquor to distillers, rectifiers, importing
9distributors, distributors and non-beverage users and to no
10other licensees.
11 Class 2. A Rectifier, who is not a distiller, as defined
12herein, may make sales and deliveries of alcoholic liquor to
13rectifiers, importing distributors, distributors, retailers
14and non-beverage users and to no other licensees.
15 Class 3. A Brewer may make sales and deliveries of beer to
16importing distributors and distributors and may make sales as
17authorized under subsection (e) of Section 6-4 of this Act.
18 Class 4. A first class wine-manufacturer may make sales and
19deliveries of up to 50,000 gallons of wine to manufacturers,
20importing distributors and distributors, and to no other
21licensees.
22 Class 5. A second class Wine manufacturer may make sales
23and deliveries of more than 50,000 gallons of wine to
24manufacturers, importing distributors and distributors and to
25no other licensees.
26 Class 6. A first-class wine-maker's license shall allow the

HB0385- 98 -LRB100 05884 MJP 15910 b
1manufacture of up to 50,000 gallons of wine per year, and the
2storage and sale of such wine to distributors in the State and
3to persons without the State, as may be permitted by law. A
4person who, prior to June 1, 2008 (the effective date of Public
5Act 95-634), is a holder of a first-class wine-maker's license
6and annually produces more than 25,000 gallons of its own wine
7and who distributes its wine to licensed retailers shall cease
8this practice on or before July 1, 2008 in compliance with
9Public Act 95-634.
10 Class 7. A second-class wine-maker's license shall allow
11the manufacture of between 50,000 and 150,000 gallons of wine
12per year, and the storage and sale of such wine to distributors
13in this State and to persons without the State, as may be
14permitted by law. A person who, prior to June 1, 2008 (the
15effective date of Public Act 95-634), is a holder of a
16second-class wine-maker's license and annually produces more
17than 25,000 gallons of its own wine and who distributes its
18wine to licensed retailers shall cease this practice on or
19before July 1, 2008 in compliance with Public Act 95-634.
20 Class 8. A limited wine-manufacturer may make sales and
21deliveries not to exceed 40,000 gallons of wine per year to
22distributors, and to non-licensees in accordance with the
23provisions of this Act.
24 Class 9. A craft distiller license shall allow the
25manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166)
26gallons of spirits by distillation per year and the storage of

HB0385- 99 -LRB100 05884 MJP 15910 b
1such spirits. If a craft distiller licensee, including a craft
2distiller licensee who holds more than one craft distiller
3license, is not affiliated with any other manufacturer of
4spirits, then the craft distiller licensee may sell such
5spirits to distributors in this State and up to 2,500 gallons
6of such spirits to non-licensees to the extent permitted by any
7exemption approved by the Commission pursuant to Section 6-4 of
8this Act. A craft distiller license holder may store such
9spirits at a non-contiguous licensed location, but at no time
10shall a craft distiller license holder directly or indirectly
11produce in the aggregate more than 100,000 gallons of spirits
12per year.
13 A craft distiller licensee may hold more than one craft
14distiller's license. However, a craft distiller that holds more
15than one craft distiller license shall not manufacture, in the
16aggregate, more than 100,000 gallons of spirits by distillation
17per year and shall not sell, in the aggregate, more than 2,500
18gallons of such spirits to non-licensees in accordance with an
19exemption approved by the State Commission pursuant to Section
206-4 of this Act.
21 Any craft distiller licensed under this Act who on July 28,
222010 (the effective date of Public Act 96-1367) was licensed as
23a distiller and manufactured no more spirits than permitted by
24this Section shall not be required to pay the initial licensing
25fee.
26 Class 10. A class 1 brewer license, which may only be

HB0385- 100 -LRB100 05884 MJP 15910 b
1issued to a licensed brewer or licensed non-resident dealer,
2shall allow the manufacture of up to 930,000 gallons of beer
3per year provided that the class 1 brewer licensee does not
4manufacture more than a combined 930,000 gallons of beer per
5year and is not a member of or affiliated with, directly or
6indirectly, a manufacturer that produces more than 930,000
7gallons of beer per year or any other alcoholic liquor. A class
81 brewer licensee may make sales and deliveries to importing
9distributors and distributors and to retail licensees in
10accordance with the conditions set forth in paragraph (18) of
11subsection (a) of Section 3-12 of this Act.
12 Class 11. A class 2 brewer license, which may only be
13issued to a licensed brewer or licensed non-resident dealer,
14shall allow the manufacture of up to 3,720,000 gallons of beer
15per year provided that the class 2 brewer licensee does not
16manufacture more than a combined 3,720,000 gallons of beer per
17year and is not a member of or affiliated with, directly or
18indirectly, a manufacturer that produces more than 3,720,000
19gallons of beer per year or any other alcoholic liquor. A class
202 brewer licensee may make sales and deliveries to importing
21distributors and distributors, but shall not make sales or
22deliveries to any other licensee. If the State Commission
23provides prior approval, a class 2 brewer licensee may annually
24transfer up to 3,720,000 gallons of beer manufactured by that
25class 2 brewer licensee to the premises of a licensed class 2
26brewer wholly owned and operated by the same licensee.

HB0385- 101 -LRB100 05884 MJP 15910 b
1 (a-1) A manufacturer which is licensed in this State to
2make sales or deliveries of alcoholic liquor to licensed
3distributors or importing distributors and which enlists
4agents, representatives, or individuals acting on its behalf
5who contact licensed retailers on a regular and continual basis
6in this State must register those agents, representatives, or
7persons acting on its behalf with the State Commission.
8 Registration of agents, representatives, or persons acting
9on behalf of a manufacturer is fulfilled by submitting a form
10to the Commission. The form shall be developed by the
11Commission and shall include the name and address of the
12applicant, the name and address of the manufacturer he or she
13represents, the territory or areas assigned to sell to or
14discuss pricing terms of alcoholic liquor, and any other
15questions deemed appropriate and necessary. All statements in
16the forms required to be made by law or by rule shall be deemed
17material, and any person who knowingly misstates any material
18fact under oath in an application is guilty of a Class B
19misdemeanor. Fraud, misrepresentation, false statements,
20misleading statements, evasions, or suppression of material
21facts in the securing of a registration are grounds for
22suspension or revocation of the registration. The State
23Commission shall post a list of registered agents on the
24Commission's website.
25 (b) A distributor's license shall allow the wholesale
26purchase and storage of alcoholic liquors and sale of alcoholic

HB0385- 102 -LRB100 05884 MJP 15910 b
1liquors to licensees in this State and to persons without the
2State, as may be permitted by law. No person licensed as a
3distributor shall be granted a non-resident dealer's license.
4 (c) An importing distributor's license may be issued to and
5held by those only who are duly licensed distributors, upon the
6filing of an application by a duly licensed distributor, with
7the Commission and the Commission shall, without the payment of
8any fee, immediately issue such importing distributor's
9license to the applicant, which shall allow the importation of
10alcoholic liquor by the licensee into this State from any point
11in the United States outside this State, and the purchase of
12alcoholic liquor in barrels, casks or other bulk containers and
13the bottling of such alcoholic liquors before resale thereof,
14but all bottles or containers so filled shall be sealed,
15labeled, stamped and otherwise made to comply with all
16provisions, rules and regulations governing manufacturers in
17the preparation and bottling of alcoholic liquors. The
18importing distributor's license shall permit such licensee to
19purchase alcoholic liquor from Illinois licensed non-resident
20dealers and foreign importers only. No person licensed as an
21importing distributor shall be granted a non-resident dealer's
22license.
23 (d) A retailer's license shall allow the licensee to sell
24and offer for sale at retail, only in the premises specified in
25the license, alcoholic liquor for use or consumption, but not
26for resale in any form. Nothing in Public Act 95-634 shall

HB0385- 103 -LRB100 05884 MJP 15910 b
1deny, limit, remove, or restrict the ability of a holder of a
2retailer's license to transfer, deliver, or ship alcoholic
3liquor to the purchaser for use or consumption subject to any
4applicable local law or ordinance. Any retail license issued to
5a manufacturer shall only permit the manufacturer to sell beer
6at retail on the premises actually occupied by the
7manufacturer. For the purpose of further describing the type of
8business conducted at a retail licensed premises, a retailer's
9licensee may be designated by the State Commission as (i) an on
10premise consumption retailer, (ii) an off premise sale
11retailer, or (iii) a combined on premise consumption and off
12premise sale retailer.
13 Notwithstanding any other provision of this subsection
14(d), a retail licensee may sell alcoholic liquors to a special
15event retailer licensee for resale to the extent permitted
16under subsection (e).
17 (e) A special event retailer's license (not-for-profit)
18shall permit the licensee to purchase alcoholic liquors from an
19Illinois licensed distributor (unless the licensee purchases
20less than $500 of alcoholic liquors for the special event, in
21which case the licensee may purchase the alcoholic liquors from
22a licensed retailer) and shall allow the licensee to sell and
23offer for sale, at retail, alcoholic liquors for use or
24consumption, but not for resale in any form and only at the
25location and on the specific dates designated for the special
26event in the license. An applicant for a special event retailer

HB0385- 104 -LRB100 05884 MJP 15910 b
1license must (i) furnish with the application: (A) a resale
2number issued under Section 2c of the Retailers' Occupation Tax
3Act or evidence that the applicant is registered under Section
42a of the Retailers' Occupation Tax Act, (B) a current, valid
5exemption identification number issued under Section 1g of the
6Retailers' Occupation Tax Act, and a certification to the
7Commission that the purchase of alcoholic liquors will be a
8tax-exempt purchase, or (C) a statement that the applicant is
9not registered under Section 2a of the Retailers' Occupation
10Tax Act, does not hold a resale number under Section 2c of the
11Retailers' Occupation Tax Act, and does not hold an exemption
12number under Section 1g of the Retailers' Occupation Tax Act,
13in which event the Commission shall set forth on the special
14event retailer's license a statement to that effect; (ii)
15submit with the application proof satisfactory to the State
16Commission that the applicant will provide dram shop liability
17insurance in the maximum limits; and (iii) show proof
18satisfactory to the State Commission that the applicant has
19obtained local authority approval.
20 (f) A railroad license shall permit the licensee to import
21alcoholic liquors into this State from any point in the United
22States outside this State and to store such alcoholic liquors
23in this State; to make wholesale purchases of alcoholic liquors
24directly from manufacturers, foreign importers, distributors
25and importing distributors from within or outside this State;
26and to store such alcoholic liquors in this State; provided

HB0385- 105 -LRB100 05884 MJP 15910 b
1that the above powers may be exercised only in connection with
2the importation, purchase or storage of alcoholic liquors to be
3sold or dispensed on a club, buffet, lounge or dining car
4operated on an electric, gas or steam railway in this State;
5and provided further, that railroad licensees exercising the
6above powers shall be subject to all provisions of Article VIII
7of this Act as applied to importing distributors. A railroad
8license shall also permit the licensee to sell or dispense
9alcoholic liquors on any club, buffet, lounge or dining car
10operated on an electric, gas or steam railway regularly
11operated by a common carrier in this State, but shall not
12permit the sale for resale of any alcoholic liquors to any
13licensee within this State. A license shall be obtained for
14each car in which such sales are made.
15 (g) A boat license shall allow the sale of alcoholic liquor
16in individual drinks, on any passenger boat regularly operated
17as a common carrier on navigable waters in this State or on any
18riverboat operated under the Riverboat and Casino Gambling Act,
19which boat or riverboat maintains a public dining room or
20restaurant thereon.
21 (h) A non-beverage user's license shall allow the licensee
22to purchase alcoholic liquor from a licensed manufacturer or
23importing distributor, without the imposition of any tax upon
24the business of such licensed manufacturer or importing
25distributor as to such alcoholic liquor to be used by such
26licensee solely for the non-beverage purposes set forth in

HB0385- 106 -LRB100 05884 MJP 15910 b
1subsection (a) of Section 8-1 of this Act, and such licenses
2shall be divided and classified and shall permit the purchase,
3possession and use of limited and stated quantities of
4alcoholic liquor as follows:
5Class 1, not to exceed ......................... 500 gallons
6Class 2, not to exceed ....................... 1,000 gallons
7Class 3, not to exceed ....................... 5,000 gallons
8Class 4, not to exceed ...................... 10,000 gallons
9Class 5, not to exceed ....................... 50,000 gallons
10 (i) A wine-maker's premises license shall allow a licensee
11that concurrently holds a first-class wine-maker's license to
12sell and offer for sale at retail in the premises specified in
13such license not more than 50,000 gallons of the first-class
14wine-maker's wine that is made at the first-class wine-maker's
15licensed premises per year for use or consumption, but not for
16resale in any form. A wine-maker's premises license shall allow
17a licensee who concurrently holds a second-class wine-maker's
18license to sell and offer for sale at retail in the premises
19specified in such license up to 100,000 gallons of the
20second-class wine-maker's wine that is made at the second-class
21wine-maker's licensed premises per year for use or consumption
22but not for resale in any form. A wine-maker's premises license
23shall allow a licensee that concurrently holds a first-class
24wine-maker's license or a second-class wine-maker's license to
25sell and offer for sale at retail at the premises specified in
26the wine-maker's premises license, for use or consumption but

HB0385- 107 -LRB100 05884 MJP 15910 b
1not for resale in any form, any beer, wine, and spirits
2purchased from a licensed distributor. Upon approval from the
3State Commission, a wine-maker's premises license shall allow
4the licensee to sell and offer for sale at (i) the wine-maker's
5licensed premises and (ii) at up to 2 additional locations for
6use and consumption and not for resale. Each location shall
7require additional licensing per location as specified in
8Section 5-3 of this Act. A wine-maker's premises licensee shall
9secure liquor liability insurance coverage in an amount at
10least equal to the maximum liability amounts set forth in
11subsection (a) of Section 6-21 of this Act.
12 (j) An airplane license shall permit the licensee to import
13alcoholic liquors into this State from any point in the United
14States outside this State and to store such alcoholic liquors
15in this State; to make wholesale purchases of alcoholic liquors
16directly from manufacturers, foreign importers, distributors
17and importing distributors from within or outside this State;
18and to store such alcoholic liquors in this State; provided
19that the above powers may be exercised only in connection with
20the importation, purchase or storage of alcoholic liquors to be
21sold or dispensed on an airplane; and provided further, that
22airplane licensees exercising the above powers shall be subject
23to all provisions of Article VIII of this Act as applied to
24importing distributors. An airplane licensee shall also permit
25the sale or dispensing of alcoholic liquors on any passenger
26airplane regularly operated by a common carrier in this State,

HB0385- 108 -LRB100 05884 MJP 15910 b
1but shall not permit the sale for resale of any alcoholic
2liquors to any licensee within this State. A single airplane
3license shall be required of an airline company if liquor
4service is provided on board aircraft in this State. The annual
5fee for such license shall be as determined in Section 5-3.
6 (k) A foreign importer's license shall permit such licensee
7to purchase alcoholic liquor from Illinois licensed
8non-resident dealers only, and to import alcoholic liquor other
9than in bulk from any point outside the United States and to
10sell such alcoholic liquor to Illinois licensed importing
11distributors and to no one else in Illinois; provided that (i)
12the foreign importer registers with the State Commission every
13brand of alcoholic liquor that it proposes to sell to Illinois
14licensees during the license period, (ii) the foreign importer
15complies with all of the provisions of Section 6-9 of this Act
16with respect to registration of such Illinois licensees as may
17be granted the right to sell such brands at wholesale, and
18(iii) the foreign importer complies with the provisions of
19Sections 6-5 and 6-6 of this Act to the same extent that these
20provisions apply to manufacturers.
21 (l) (i) A broker's license shall be required of all persons
22who solicit orders for, offer to sell or offer to supply
23alcoholic liquor to retailers in the State of Illinois, or who
24offer to retailers to ship or cause to be shipped or to make
25contact with distillers, rectifiers, brewers or manufacturers
26or any other party within or without the State of Illinois in

HB0385- 109 -LRB100 05884 MJP 15910 b
1order that alcoholic liquors be shipped to a distributor,
2importing distributor or foreign importer, whether such
3solicitation or offer is consummated within or without the
4State of Illinois.
5 No holder of a retailer's license issued by the Illinois
6Liquor Control Commission shall purchase or receive any
7alcoholic liquor, the order for which was solicited or offered
8for sale to such retailer by a broker unless the broker is the
9holder of a valid broker's license.
10 The broker shall, upon the acceptance by a retailer of the
11broker's solicitation of an order or offer to sell or supply or
12deliver or have delivered alcoholic liquors, promptly forward
13to the Illinois Liquor Control Commission a notification of
14said transaction in such form as the Commission may by
15regulations prescribe.
16 (ii) A broker's license shall be required of a person
17within this State, other than a retail licensee, who, for a fee
18or commission, promotes, solicits, or accepts orders for
19alcoholic liquor, for use or consumption and not for resale, to
20be shipped from this State and delivered to residents outside
21of this State by an express company, common carrier, or
22contract carrier. This Section does not apply to any person who
23promotes, solicits, or accepts orders for wine as specifically
24authorized in Section 6-29 of this Act.
25 A broker's license under this subsection (l) shall not
26entitle the holder to buy or sell any alcoholic liquors for his

HB0385- 110 -LRB100 05884 MJP 15910 b
1own account or to take or deliver title to such alcoholic
2liquors.
3 This subsection (l) shall not apply to distributors,
4employees of distributors, or employees of a manufacturer who
5has registered the trademark, brand or name of the alcoholic
6liquor pursuant to Section 6-9 of this Act, and who regularly
7sells such alcoholic liquor in the State of Illinois only to
8its registrants thereunder.
9 Any agent, representative, or person subject to
10registration pursuant to subsection (a-1) of this Section shall
11not be eligible to receive a broker's license.
12 (m) A non-resident dealer's license shall permit such
13licensee to ship into and warehouse alcoholic liquor into this
14State from any point outside of this State, and to sell such
15alcoholic liquor to Illinois licensed foreign importers and
16importing distributors and to no one else in this State;
17provided that (i) said non-resident dealer shall register with
18the Illinois Liquor Control Commission each and every brand of
19alcoholic liquor which it proposes to sell to Illinois
20licensees during the license period, (ii) it shall comply with
21all of the provisions of Section 6-9 hereof with respect to
22registration of such Illinois licensees as may be granted the
23right to sell such brands at wholesale, and (iii) the
24non-resident dealer shall comply with the provisions of
25Sections 6-5 and 6-6 of this Act to the same extent that these
26provisions apply to manufacturers. No person licensed as a

HB0385- 111 -LRB100 05884 MJP 15910 b
1non-resident dealer shall be granted a distributor's or
2importing distributor's license.
3 (n) A brew pub license shall allow the licensee to only (i)
4manufacture up to 155,000 gallons of beer per year only on the
5premises specified in the license, (ii) make sales of the beer
6manufactured on the premises or, with the approval of the
7Commission, beer manufactured on another brew pub licensed
8premises that is wholly owned and operated by the same licensee
9to importing distributors, distributors, and to non-licensees
10for use and consumption, (iii) store the beer upon the
11premises, (iv) sell and offer for sale at retail from the
12licensed premises for off-premises consumption no more than
13155,000 gallons per year so long as such sales are only made
14in-person, (v) sell and offer for sale at retail for use and
15consumption on the premises specified in the license any form
16of alcoholic liquor purchased from a licensed distributor or
17importing distributor, and (vi) with the prior approval of the
18Commission, annually transfer no more than 155,000 gallons of
19beer manufactured on the premises to a licensed brew pub wholly
20owned and operated by the same licensee.
21 A brew pub licensee shall not under any circumstance sell
22or offer for sale beer manufactured by the brew pub licensee to
23retail licensees.
24 A person who holds a class 2 brewer license may
25simultaneously hold a brew pub license if the class 2 brewer
26(i) does not, under any circumstance, sell or offer for sale

HB0385- 112 -LRB100 05884 MJP 15910 b
1beer manufactured by the class 2 brewer to retail licensees;
2(ii) does not hold more than 3 brew pub licenses in this State;
3(iii) does not manufacture more than a combined 3,720,000
4gallons of beer per year, including the beer manufactured at
5the brew pub; and (iv) is not a member of or affiliated with,
6directly or indirectly, a manufacturer that produces more than
73,720,000 gallons of beer per year or any other alcoholic
8liquor.
9 Notwithstanding any other provision of this Act, a licensed
10brewer, class 2 brewer, or non-resident dealer who before July
111, 2015 manufactured less than 3,720,000 gallons of beer per
12year and held a brew pub license on or before July 1, 2015 may
13(i) continue to qualify for and hold that brew pub license for
14the licensed premises and (ii) manufacture more than 3,720,000
15gallons of beer per year and continue to qualify for and hold
16that brew pub license if that brewer, class 2 brewer, or
17non-resident dealer does not simultaneously hold a class 1
18brewer license and is not a member of or affiliated with,
19directly or indirectly, a manufacturer that produces more than
203,720,000 gallons of beer per year or that produces any other
21alcoholic liquor.
22 (o) A caterer retailer license shall allow the holder to
23serve alcoholic liquors as an incidental part of a food service
24that serves prepared meals which excludes the serving of snacks
25as the primary meal, either on or off-site whether licensed or
26unlicensed.

HB0385- 113 -LRB100 05884 MJP 15910 b
1 (p) An auction liquor license shall allow the licensee to
2sell and offer for sale at auction wine and spirits for use or
3consumption, or for resale by an Illinois liquor licensee in
4accordance with provisions of this Act. An auction liquor
5license will be issued to a person and it will permit the
6auction liquor licensee to hold the auction anywhere in the
7State. An auction liquor license must be obtained for each
8auction at least 14 days in advance of the auction date.
9 (q) A special use permit license shall allow an Illinois
10licensed retailer to transfer a portion of its alcoholic liquor
11inventory from its retail licensed premises to the premises
12specified in the license hereby created, and to sell or offer
13for sale at retail, only in the premises specified in the
14license hereby created, the transferred alcoholic liquor for
15use or consumption, but not for resale in any form. A special
16use permit license may be granted for the following time
17periods: one day or less; 2 or more days to a maximum of 15 days
18per location in any 12-month 12 month period. An applicant for
19the special use permit license must also submit with the
20application proof satisfactory to the State Commission that the
21applicant will provide dram shop liability insurance to the
22maximum limits and have local authority approval.
23 (r) A winery shipper's license shall allow a person with a
24first-class or second-class wine manufacturer's license, a
25first-class or second-class wine-maker's license, or a limited
26wine manufacturer's license or who is licensed to make wine

HB0385- 114 -LRB100 05884 MJP 15910 b
1under the laws of another state to ship wine made by that
2licensee directly to a resident of this State who is 21 years
3of age or older for that resident's personal use and not for
4resale. Prior to receiving a winery shipper's license, an
5applicant for the license must provide the Commission with a
6true copy of its current license in any state in which it is
7licensed as a manufacturer of wine. An applicant for a winery
8shipper's license must also complete an application form that
9provides any other information the Commission deems necessary.
10The application form shall include all addresses from which the
11applicant for a winery shipper's license intends to ship wine,
12including the name and address of any third party, except for a
13common carrier, authorized to ship wine on behalf of the
14manufacturer. The application form shall include an
15acknowledgement consenting to the jurisdiction of the
16Commission, the Illinois Department of Revenue, and the courts
17of this State concerning the enforcement of this Act and any
18related laws, rules, and regulations, including authorizing
19the Department of Revenue and the Commission to conduct audits
20for the purpose of ensuring compliance with Public Act 95-634,
21and an acknowledgement that the wine manufacturer is in
22compliance with Section 6-2 of this Act. Any third party,
23except for a common carrier, authorized to ship wine on behalf
24of a first-class or second-class wine manufacturer's licensee,
25a first-class or second-class wine-maker's licensee, a limited
26wine manufacturer's licensee, or a person who is licensed to

HB0385- 115 -LRB100 05884 MJP 15910 b
1make wine under the laws of another state shall also be
2disclosed by the winery shipper's licensee, and a copy of the
3written appointment of the third-party wine provider, except
4for a common carrier, to the wine manufacturer shall be filed
5with the State Commission as a supplement to the winery
6shipper's license application or any renewal thereof. The
7winery shipper's license holder shall affirm under penalty of
8perjury, as part of the winery shipper's license application or
9renewal, that he or she only ships wine, either directly or
10indirectly through a third-party provider, from the licensee's
11own production.
12 Except for a common carrier, a third-party provider
13shipping wine on behalf of a winery shipper's license holder is
14the agent of the winery shipper's license holder and, as such,
15a winery shipper's license holder is responsible for the acts
16and omissions of the third-party provider acting on behalf of
17the license holder. A third-party provider, except for a common
18carrier, that engages in shipping wine into Illinois on behalf
19of a winery shipper's license holder shall consent to the
20jurisdiction of the State Commission and the State. Any
21third-party, except for a common carrier, holding such an
22appointment shall, by February 1 of each calendar year, file
23with the State Commission a statement detailing each shipment
24made to an Illinois resident. The State Commission shall adopt
25rules as soon as practicable to implement the requirements of
26Public Act 99-904 this amendatory Act of the 99th General

HB0385- 116 -LRB100 05884 MJP 15910 b
1Assembly and shall adopt rules prohibiting any such third-party
2appointment of a third-party provider, except for a common
3carrier, that has been deemed by the State Commission to have
4violated the provisions of this Act with regard to any winery
5shipper licensee.
6 A winery shipper licensee must pay to the Department of
7Revenue the State liquor gallonage tax under Section 8-1 for
8all wine that is sold by the licensee and shipped to a person
9in this State. For the purposes of Section 8-1, a winery
10shipper licensee shall be taxed in the same manner as a
11manufacturer of wine. A licensee who is not otherwise required
12to register under the Retailers' Occupation Tax Act must
13register under the Use Tax Act to collect and remit use tax to
14the Department of Revenue for all gallons of wine that are sold
15by the licensee and shipped to persons in this State. If a
16licensee fails to remit the tax imposed under this Act in
17accordance with the provisions of Article VIII of this Act, the
18winery shipper's license shall be revoked in accordance with
19the provisions of Article VII of this Act. If a licensee fails
20to properly register and remit tax under the Use Tax Act or the
21Retailers' Occupation Tax Act for all wine that is sold by the
22winery shipper and shipped to persons in this State, the winery
23shipper's license shall be revoked in accordance with the
24provisions of Article VII of this Act.
25 A winery shipper licensee must collect, maintain, and
26submit to the Commission on a semi-annual basis the total

HB0385- 117 -LRB100 05884 MJP 15910 b
1number of cases per resident of wine shipped to residents of
2this State. A winery shipper licensed under this subsection (r)
3must comply with the requirements of Section 6-29 of this Act.
4 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
5Section 3-12, the State Commission may receive, respond to, and
6investigate any complaint and impose any of the remedies
7specified in paragraph (1) of subsection (a) of Section 3-12.
8 (s) A craft distiller tasting permit license shall allow an
9Illinois licensed craft distiller to transfer a portion of its
10alcoholic liquor inventory from its craft distiller licensed
11premises to the premises specified in the license hereby
12created and to conduct a sampling, only in the premises
13specified in the license hereby created, of the transferred
14alcoholic liquor in accordance with subsection (c) of Section
156-31 of this Act. The transferred alcoholic liquor may not be
16sold or resold in any form. An applicant for the craft
17distiller tasting permit license must also submit with the
18application proof satisfactory to the State Commission that the
19applicant will provide dram shop liability insurance to the
20maximum limits and have local authority approval.
21(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
2298-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff.
237-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904,
24eff. 1-1-17; revised 9-15-16.)
25 (235 ILCS 5/6-30) (from Ch. 43, par. 144f)

HB0385- 118 -LRB100 05884 MJP 15910 b
1 Sec. 6-30. Notwithstanding any other provision of this Act,
2the Illinois Gaming Board shall have exclusive authority to
3establish the hours for sale and consumption of alcoholic
4liquor on board a riverboat during riverboat gambling
5excursions and in a casino conducted in accordance with the
6Riverboat and Casino Gambling Act.
7(Source: P.A. 87-826.)
8 Section 50. The Illinois Public Aid Code is amended by
9changing Section 10-17.15 as follows:
10 (305 ILCS 5/10-17.15)
11 Sec. 10-17.15. Certification of information to State
12gaming licensees.
13 (a) For purposes of this Section, "State gaming licensee"
14means, as applicable, an organization licensee or advance
15deposit wagering licensee licensed under the Illinois Horse
16Racing Act of 1975, an owners licensee licensed under the
17Riverboat and Casino Gambling Act, or a licensee that operates,
18under any law of this State, one or more facilities or gaming
19locations at which lawful gambling is authorized and licensed
20as provided in the Riverboat and Casino Gambling Act.
21 (b) The Department may provide, by rule, for certification
22to any State gaming licensee of past due child support owed by
23a responsible relative under a support order entered by a court
24or administrative body of this or any other State on behalf of

HB0385- 119 -LRB100 05884 MJP 15910 b
1a resident or non-resident receiving child support services
2under this Article in accordance with the requirements of Title
3IV-D, Part D, of the Social Security Act. The State gaming
4licensee shall have the ability to withhold from winnings
5required to be reported to the Internal Revenue Service on Form
6W-2G, up to the full amount of winnings necessary to pay the
7winner's past due child support. The rule shall provide for
8notice to and an opportunity to be heard by each responsible
9relative affected and any final administrative decision
10rendered by the Department shall be reviewed only under and in
11accordance with the Administrative Review Law.
12 (c) For withholding of winnings, the State gaming licensee
13shall be entitled to an administrative fee not to exceed the
14lesser of 4% of the total amount of cash winnings paid to the
15gambling winner or $150.
16 (d) In no event may the total amount withheld from the cash
17payout, including the administrative fee, exceed the total cash
18winnings claimed by the obligor. If the cash payout claimed is
19greater than the amount sufficient to satisfy the obligor's
20delinquent child support payments, the State gaming licensee
21shall pay the obligor the remaining balance of the payout, less
22the administrative fee authorized by subsection (c) of this
23Section, at the time it is claimed.
24 (e) A State gaming licensee who in good faith complies with
25the requirements of this Section shall not be liable to the
26gaming winner or any other individual or entity.

HB0385- 120 -LRB100 05884 MJP 15910 b
1(Source: P.A. 98-318, eff. 8-12-13.)
2 Section 55. The Firearm Concealed Carry Act is amended by
3changing Section 65 as follows:
4 (430 ILCS 66/65)
5 Sec. 65. Prohibited areas.
6 (a) A licensee under this Act shall not knowingly carry a
7firearm on or into:
8 (1) Any building, real property, and parking area under
9 the control of a public or private elementary or secondary
10 school.
11 (2) Any building, real property, and parking area under
12 the control of a pre-school or child care facility,
13 including any room or portion of a building under the
14 control of a pre-school or child care facility. Nothing in
15 this paragraph shall prevent the operator of a child care
16 facility in a family home from owning or possessing a
17 firearm in the home or license under this Act, if no child
18 under child care at the home is present in the home or the
19 firearm in the home is stored in a locked container when a
20 child under child care at the home is present in the home.
21 (3) Any building, parking area, or portion of a
22 building under the control of an officer of the executive
23 or legislative branch of government, provided that nothing
24 in this paragraph shall prohibit a licensee from carrying a

HB0385- 121 -LRB100 05884 MJP 15910 b
1 concealed firearm onto the real property, bikeway, or trail
2 in a park regulated by the Department of Natural Resources
3 or any other designated public hunting area or building
4 where firearm possession is permitted as established by the
5 Department of Natural Resources under Section 1.8 of the
6 Wildlife Code.
7 (4) Any building designated for matters before a
8 circuit court, appellate court, or the Supreme Court, or
9 any building or portion of a building under the control of
10 the Supreme Court.
11 (5) Any building or portion of a building under the
12 control of a unit of local government.
13 (6) Any building, real property, and parking area under
14 the control of an adult or juvenile detention or
15 correctional institution, prison, or jail.
16 (7) Any building, real property, and parking area under
17 the control of a public or private hospital or hospital
18 affiliate, mental health facility, or nursing home.
19 (8) Any bus, train, or form of transportation paid for
20 in whole or in part with public funds, and any building,
21 real property, and parking area under the control of a
22 public transportation facility paid for in whole or in part
23 with public funds.
24 (9) Any building, real property, and parking area under
25 the control of an establishment that serves alcohol on its
26 premises, if more than 50% of the establishment's gross

HB0385- 122 -LRB100 05884 MJP 15910 b
1 receipts within the prior 3 months is from the sale of
2 alcohol. The owner of an establishment who knowingly fails
3 to prohibit concealed firearms on its premises as provided
4 in this paragraph or who knowingly makes a false statement
5 or record to avoid the prohibition on concealed firearms
6 under this paragraph is subject to the penalty under
7 subsection (c-5) of Section 10-1 of the Liquor Control Act
8 of 1934.
9 (10) Any public gathering or special event conducted on
10 property open to the public that requires the issuance of a
11 permit from the unit of local government, provided this
12 prohibition shall not apply to a licensee who must walk
13 through a public gathering in order to access his or her
14 residence, place of business, or vehicle.
15 (11) Any building or real property that has been issued
16 a Special Event Retailer's license as defined in Section
17 1-3.17.1 of the Liquor Control Act during the time
18 designated for the sale of alcohol by the Special Event
19 Retailer's license, or a Special use permit license as
20 defined in subsection (q) of Section 5-1 of the Liquor
21 Control Act during the time designated for the sale of
22 alcohol by the Special use permit license.
23 (12) Any public playground.
24 (13) Any public park, athletic area, or athletic
25 facility under the control of a municipality or park
26 district, provided nothing in this Section shall prohibit a

HB0385- 123 -LRB100 05884 MJP 15910 b
1 licensee from carrying a concealed firearm while on a trail
2 or bikeway if only a portion of the trail or bikeway
3 includes a public park.
4 (14) Any real property under the control of the Cook
5 County Forest Preserve District.
6 (15) Any building, classroom, laboratory, medical
7 clinic, hospital, artistic venue, athletic venue,
8 entertainment venue, officially recognized
9 university-related organization property, whether owned or
10 leased, and any real property, including parking areas,
11 sidewalks, and common areas under the control of a public
12 or private community college, college, or university.
13 (16) Any building, real property, or parking area under
14 the control of a gaming facility licensed under the
15 Riverboat and Casino Gambling Act or the Illinois Horse
16 Racing Act of 1975, including an inter-track wagering
17 location licensee.
18 (17) Any stadium, arena, or the real property or
19 parking area under the control of a stadium, arena, or any
20 collegiate or professional sporting event.
21 (18) Any building, real property, or parking area under
22 the control of a public library.
23 (19) Any building, real property, or parking area under
24 the control of an airport.
25 (20) Any building, real property, or parking area under
26 the control of an amusement park.

HB0385- 124 -LRB100 05884 MJP 15910 b
1 (21) Any building, real property, or parking area under
2 the control of a zoo or museum.
3 (22) Any street, driveway, parking area, property,
4 building, or facility, owned, leased, controlled, or used
5 by a nuclear energy, storage, weapons, or development site
6 or facility regulated by the federal Nuclear Regulatory
7 Commission. The licensee shall not under any circumstance
8 store a firearm or ammunition in his or her vehicle or in a
9 compartment or container within a vehicle located anywhere
10 in or on the street, driveway, parking area, property,
11 building, or facility described in this paragraph.
12 (23) Any area where firearms are prohibited under
13 federal law.
14 (a-5) Nothing in this Act shall prohibit a public or
15private community college, college, or university from:
16 (1) prohibiting persons from carrying a firearm within
17 a vehicle owned, leased, or controlled by the college or
18 university;
19 (2) developing resolutions, regulations, or policies
20 regarding student, employee, or visitor misconduct and
21 discipline, including suspension and expulsion;
22 (3) developing resolutions, regulations, or policies
23 regarding the storage or maintenance of firearms, which
24 must include designated areas where persons can park
25 vehicles that carry firearms; and
26 (4) permitting the carrying or use of firearms for the

HB0385- 125 -LRB100 05884 MJP 15910 b
1 purpose of instruction and curriculum of officially
2 recognized programs, including but not limited to military
3 science and law enforcement training programs, or in any
4 designated area used for hunting purposes or target
5 shooting.
6 (a-10) The owner of private real property of any type may
7prohibit the carrying of concealed firearms on the property
8under his or her control. The owner must post a sign in
9accordance with subsection (d) of this Section indicating that
10firearms are prohibited on the property, unless the property is
11a private residence.
12 (b) Notwithstanding subsections (a), (a-5), and (a-10) of
13this Section except under paragraph (22) or (23) of subsection
14(a), any licensee prohibited from carrying a concealed firearm
15into the parking area of a prohibited location specified in
16subsection (a), (a-5), or (a-10) of this Section shall be
17permitted to carry a concealed firearm on or about his or her
18person within a vehicle into the parking area and may store a
19firearm or ammunition concealed in a case within a locked
20vehicle or locked container out of plain view within the
21vehicle in the parking area. A licensee may carry a concealed
22firearm in the immediate area surrounding his or her vehicle
23within a prohibited parking lot area only for the limited
24purpose of storing or retrieving a firearm within the vehicle's
25trunk. For purposes of this subsection, "case" includes a glove
26compartment or console that completely encloses the concealed

HB0385- 126 -LRB100 05884 MJP 15910 b
1firearm or ammunition, the trunk of the vehicle, or a firearm
2carrying box, shipping box, or other container.
3 (c) A licensee shall not be in violation of this Section
4while he or she is traveling along a public right of way that
5touches or crosses any of the premises under subsection (a),
6(a-5), or (a-10) of this Section if the concealed firearm is
7carried on his or her person in accordance with the provisions
8of this Act or is being transported in a vehicle by the
9licensee in accordance with all other applicable provisions of
10law.
11 (d) Signs stating that the carrying of firearms is
12prohibited shall be clearly and conspicuously posted at the
13entrance of a building, premises, or real property specified in
14this Section as a prohibited area, unless the building or
15premises is a private residence. Signs shall be of a uniform
16design as established by the Department and shall be 4 inches
17by 6 inches in size. The Department shall adopt rules for
18standardized signs to be used under this subsection.
19(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
20 Section 60. The Criminal Code of 2012 is amended by
21changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as
22follows:
23 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
24 Sec. 28-1. Gambling.

HB0385- 127 -LRB100 05884 MJP 15910 b
1 (a) A person commits gambling when he or she:
2 (1) knowingly plays a game of chance or skill for money
3 or other thing of value, unless excepted in subsection (b)
4 of this Section;
5 (2) knowingly makes a wager upon the result of any
6 game, contest, or any political nomination, appointment or
7 election;
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;
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 delivery
19 of such property, but by the payment only of differences in
20 prices thereof; however, the issuance, purchase, sale,
21 exercise, endorsement or guarantee, by or through a person
22 registered with the Secretary of State pursuant to Section
23 8 of the Illinois Securities Law of 1953, or by or through
24 a person exempt from such registration under said Section
25 8, of a put, call, or other option to buy or sell
26 securities which have been registered with the Secretary of

HB0385- 128 -LRB100 05884 MJP 15910 b
1 State or which are exempt from such registration under
2 Section 3 of the Illinois Securities Law of 1953 is not
3 gambling within the meaning of this paragraph (4);
4 (5) knowingly owns or possesses any book, instrument or
5 apparatus by means of which bets or wagers have been, or
6 are, recorded or registered, or knowingly possesses any
7 money which he has received in the course of a bet or
8 wager;
9 (6) knowingly sells pools upon the result of any game
10 or contest of skill or chance, political nomination,
11 appointment or election;
12 (7) knowingly sets up or promotes any lottery or sells,
13 offers to sell or transfers any ticket or share for any
14 lottery;
15 (8) knowingly sets up or promotes any policy game or
16 sells, offers to sell or knowingly possesses or transfers
17 any policy ticket, slip, record, document or other similar
18 device;
19 (9) knowingly drafts, prints or publishes any lottery
20 ticket or share, or any policy ticket, slip, record,
21 document or similar device, except for such activity
22 related to lotteries, bingo games and raffles authorized by
23 and conducted in accordance with the laws of Illinois or
24 any other state or foreign government;
25 (10) knowingly advertises any lottery or policy game,
26 except for such activity related to lotteries, bingo games

HB0385- 129 -LRB100 05884 MJP 15910 b
1 and raffles authorized by and conducted in accordance with
2 the laws of Illinois or any other state;
3 (11) knowingly transmits information as to wagers,
4 betting odds, or changes in betting odds by telephone,
5 telegraph, radio, semaphore or similar means; or knowingly
6 installs or maintains equipment for the transmission or
7 receipt of such information; except that nothing in this
8 subdivision (11) prohibits transmission or receipt of such
9 information for use in news reporting of sporting events or
10 contests; or
11 (12) knowingly establishes, maintains, or operates an
12 Internet site that permits a person to play a game of
13 chance or skill for money or other thing of value by means
14 of the Internet or to make a wager upon the result of any
15 game, contest, political nomination, appointment, or
16 election by means of the Internet. This item (12) does not
17 apply to activities referenced in items (6) and (6.1) of
18 subsection (b) of this Section.
19 (b) Participants in any of the following activities shall
20not be convicted of gambling:
21 (1) Agreements to compensate for loss caused by the
22 happening of chance including without limitation contracts
23 of indemnity or guaranty and life or health or accident
24 insurance.
25 (2) Offers of prizes, award or compensation to the
26 actual contestants in any bona fide contest for the

HB0385- 130 -LRB100 05884 MJP 15910 b
1 determination of skill, speed, strength or endurance or to
2 the owners of animals or vehicles entered in such contest.
3 (3) Pari-mutuel betting as authorized by the law of
4 this State.
5 (4) Manufacture of gambling devices, including the
6 acquisition of essential parts therefor and the assembly
7 thereof, for transportation in interstate or foreign
8 commerce to any place outside this State when such
9 transportation is not prohibited by any applicable Federal
10 law; or the manufacture, distribution, or possession of
11 video gaming terminals, as defined in the Video Gaming Act,
12 by manufacturers, distributors, and terminal operators
13 licensed to do so under the Video Gaming Act.
14 (5) The game commonly known as "bingo", when conducted
15 in accordance with the Bingo License and Tax Act.
16 (6) Lotteries when conducted by the State of Illinois
17 in accordance with the Illinois Lottery Law. This exemption
18 includes any activity conducted by the Department of
19 Revenue to sell lottery tickets pursuant to the provisions
20 of the Illinois Lottery Law and its rules.
21 (6.1) The purchase of lottery tickets through the
22 Internet for a lottery conducted by the State of Illinois
23 under the program established in Section 7.12 of the
24 Illinois Lottery Law.
25 (7) Possession of an antique slot machine that is
26 neither used nor intended to be used in the operation or

HB0385- 131 -LRB100 05884 MJP 15910 b
1 promotion of any unlawful gambling activity or enterprise.
2 For the purpose of this subparagraph (b)(7), an antique
3 slot machine is one manufactured 25 years ago or earlier.
4 (8) Raffles and poker runs when conducted in accordance
5 with the Raffles and Poker Runs Act.
6 (9) Charitable games when conducted in accordance with
7 the Charitable Games Act.
8 (10) Pull tabs and jar games when conducted under the
9 Illinois Pull Tabs and Jar Games Act.
10 (11) Gambling games conducted on riverboats when
11 authorized by the Riverboat and Casino Gambling Act.
12 (12) Video gaming terminal games at a licensed
13 establishment, licensed truck stop establishment, licensed
14 fraternal establishment, or licensed veterans
15 establishment when conducted in accordance with the Video
16 Gaming Act.
17 (13) Games of skill or chance where money or other
18 things of value can be won but no payment or purchase is
19 required to participate.
20 (14) Savings promotion raffles authorized under
21 Section 5g of the Illinois Banking Act, Section 7008 of the
22 Savings Bank Act, Section 42.7 of the Illinois Credit Union
23 Act, Section 5136B of the National Bank Act (12 U.S.C.
24 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
25 1463).
26 (c) Sentence.

HB0385- 132 -LRB100 05884 MJP 15910 b
1 Gambling is a Class A misdemeanor. A second or subsequent
2conviction under subsections (a)(3) through (a)(12), is a Class
34 felony.
4 (d) Circumstantial evidence.
5 In prosecutions under this Section circumstantial evidence
6shall have the same validity and weight as in any criminal
7prosecution.
8(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
9 (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
10 Sec. 28-1.1. Syndicated gambling.
11 (a) Declaration of Purpose. Recognizing the close
12relationship between professional gambling and other organized
13crime, it is declared to be the policy of the legislature to
14restrain persons from engaging in the business of gambling for
15profit in this State. This Section shall be liberally construed
16and administered with a view to carrying out this policy.
17 (b) A person commits syndicated gambling when he or she
18operates a "policy game" or engages in the business of
19bookmaking.
20 (c) A person "operates a policy game" when he or she
21knowingly uses any premises or property for the purpose of
22receiving or knowingly does receive from what is commonly
23called "policy":
24 (1) money from a person other than the bettor or player
25 whose bets or plays are represented by the money; or

HB0385- 133 -LRB100 05884 MJP 15910 b
1 (2) written "policy game" records, made or used over
2 any period of time, from a person other than the bettor or
3 player whose bets or plays are represented by the written
4 record.
5 (d) A person engages in bookmaking when he or she knowingly
6receives or accepts more than five bets or wagers upon the
7result of any trials or contests of skill, speed or power of
8endurance or upon any lot, chance, casualty, unknown or
9contingent event whatsoever, which bets or wagers shall be of
10such size that the total of the amounts of money paid or
11promised to be paid to the bookmaker on account thereof shall
12exceed $2,000. Bookmaking is the receiving or accepting of bets
13or wagers regardless of the form or manner in which the
14bookmaker records them.
15 (e) Participants in any of the following activities shall
16not be convicted of syndicated gambling:
17 (1) Agreements to compensate for loss caused by the
18 happening of chance including without limitation contracts
19 of indemnity or guaranty and life or health or accident
20 insurance;
21 (2) Offers of prizes, award or compensation to the
22 actual contestants in any bona fide contest for the
23 determination of skill, speed, strength or endurance or to
24 the owners of animals or vehicles entered in the contest;
25 (3) Pari-mutuel betting as authorized by law of this
26 State;

HB0385- 134 -LRB100 05884 MJP 15910 b
1 (4) Manufacture of gambling devices, including the
2 acquisition of essential parts therefor and the assembly
3 thereof, for transportation in interstate or foreign
4 commerce to any place outside this State when the
5 transportation is not prohibited by any applicable Federal
6 law;
7 (5) Raffles and poker runs when conducted in accordance
8 with the Raffles and Poker Runs Act;
9 (6) Gambling games conducted on riverboats or in
10 casinos when authorized by the Riverboat and Casino
11 Gambling Act;
12 (7) Video gaming terminal games at a licensed
13 establishment, licensed truck stop establishment, licensed
14 fraternal establishment, or licensed veterans
15 establishment when conducted in accordance with the Video
16 Gaming Act; and
17 (8) Savings promotion raffles authorized under Section
18 5g of the Illinois Banking Act, Section 7008 of the Savings
19 Bank Act, Section 42.7 of the Illinois Credit Union Act,
20 Section 5136B of the National Bank Act (12 U.S.C. 25a), or
21 Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
22 (f) Sentence. Syndicated gambling is a Class 3 felony.
23(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
24 (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
25 Sec. 28-3. Keeping a Gambling Place. A "gambling place" is

HB0385- 135 -LRB100 05884 MJP 15910 b
1any real estate, vehicle, boat or any other property whatsoever
2used for the purposes of gambling other than gambling conducted
3in the manner authorized by the Riverboat and Casino Gambling
4Act or the Video Gaming Act. Any person who knowingly permits
5any premises or property owned or occupied by him or under his
6control to be used as a gambling place commits a Class A
7misdemeanor. Each subsequent offense is a Class 4 felony. When
8any premises is determined by the circuit court to be a
9gambling place:
10 (a) Such premises is a public nuisance and may be proceeded
11against as such, and
12 (b) All licenses, permits or certificates issued by the
13State of Illinois or any subdivision or public agency thereof
14authorizing the serving of food or liquor on such premises
15shall be void; and no license, permit or certificate so
16cancelled shall be reissued for such premises for a period of
1760 days thereafter; nor shall any person convicted of keeping a
18gambling place be reissued such license for one year from his
19conviction and, after a second conviction of keeping a gambling
20place, any such person shall not be reissued such license, and
21 (c) Such premises of any person who knowingly permits
22thereon a violation of any Section of this Article shall be
23held liable for, and may be sold to pay any unsatisfied
24judgment that may be recovered and any unsatisfied fine that
25may be levied under any Section of this Article.
26(Source: P.A. 96-34, eff. 7-13-09.)

HB0385- 136 -LRB100 05884 MJP 15910 b
1 (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
2 Sec. 28-5. Seizure of gambling devices and gambling funds.
3 (a) Every device designed for gambling which is incapable
4of lawful use or every device used unlawfully for gambling
5shall be considered a "gambling device", and shall be subject
6to seizure, confiscation and destruction by the Department of
7State Police or by any municipal, or other local authority,
8within whose jurisdiction the same may be found. As used in
9this Section, a "gambling device" includes any slot machine,
10and includes any machine or device constructed for the
11reception of money or other thing of value and so constructed
12as to return, or to cause someone to return, on chance to the
13player thereof money, property or a right to receive money or
14property. With the exception of any device designed for
15gambling which is incapable of lawful use, no gambling device
16shall be forfeited or destroyed unless an individual with a
17property interest in said device knows of the unlawful use of
18the device.
19 (b) Every gambling device shall be seized and forfeited to
20the county wherein such seizure occurs. Any money or other
21thing of value integrally related to acts of gambling shall be
22seized and forfeited to the county wherein such seizure occurs.
23 (c) If, within 60 days after any seizure pursuant to
24subparagraph (b) of this Section, a person having any property
25interest in the seized property is charged with an offense, the

HB0385- 137 -LRB100 05884 MJP 15910 b
1court which renders judgment upon such charge shall, within 30
2days after such judgment, conduct a forfeiture hearing to
3determine whether such property was a gambling device at the
4time of seizure. Such hearing shall be commenced by a written
5petition by the State, including material allegations of fact,
6the name and address of every person determined by the State to
7have any property interest in the seized property, a
8representation that written notice of the date, time and place
9of such hearing has been mailed to every such person by
10certified mail at least 10 days before such date, and a request
11for forfeiture. Every such person may appear as a party and
12present evidence at such hearing. The quantum of proof required
13shall be a preponderance of the evidence, and the burden of
14proof shall be on the State. If the court determines that the
15seized property was a gambling device at the time of seizure,
16an order of forfeiture and disposition of the seized property
17shall be entered: a gambling device shall be received by the
18State's Attorney, who shall effect its destruction, except that
19valuable parts thereof may be liquidated and the resultant
20money shall be deposited in the general fund of the county
21wherein such seizure occurred; money and other things of value
22shall be received by the State's Attorney and, upon
23liquidation, shall be deposited in the general fund of the
24county wherein such seizure occurred. However, in the event
25that a defendant raises the defense that the seized slot
26machine is an antique slot machine described in subparagraph

HB0385- 138 -LRB100 05884 MJP 15910 b
1(b) (7) of Section 28-1 of this Code and therefore he is exempt
2from the charge of a gambling activity participant, the seized
3antique slot machine shall not be destroyed or otherwise
4altered until a final determination is made by the Court as to
5whether it is such an antique slot machine. Upon a final
6determination by the Court of this question in favor of the
7defendant, such slot machine shall be immediately returned to
8the defendant. Such order of forfeiture and disposition shall,
9for the purposes of appeal, be a final order and judgment in a
10civil proceeding.
11 (d) If a seizure pursuant to subparagraph (b) of this
12Section is not followed by a charge pursuant to subparagraph
13(c) of this Section, or if the prosecution of such charge is
14permanently terminated or indefinitely discontinued without
15any judgment of conviction or acquittal (1) the State's
16Attorney shall commence an in rem proceeding for the forfeiture
17and destruction of a gambling device, or for the forfeiture and
18deposit in the general fund of the county of any seized money
19or other things of value, or both, in the circuit court and (2)
20any person having any property interest in such seized gambling
21device, money or other thing of value may commence separate
22civil proceedings in the manner provided by law.
23 (e) Any gambling device displayed for sale to a riverboat
24gambling operation or casino gambling operation or used to
25train occupational licensees of a riverboat gambling operation
26or casino gambling operation as authorized under the Riverboat

HB0385- 139 -LRB100 05884 MJP 15910 b
1and Casino Gambling Act is exempt from seizure under this
2Section.
3 (f) Any gambling equipment, devices and supplies provided
4by a licensed supplier in accordance with the Riverboat and
5Casino Gambling Act which are removed from a the riverboat or
6casino for repair are exempt from seizure under this Section.
7 (g) The following video gaming terminals are exempt from
8seizure under this Section:
9 (1) Video gaming terminals for sale to a licensed
10 distributor or operator under the Video Gaming Act.
11 (2) Video gaming terminals used to train licensed
12 technicians or licensed terminal handlers.
13 (3) Video gaming terminals that are removed from a
14 licensed establishment, licensed truck stop establishment,
15 licensed fraternal establishment, or licensed veterans
16 establishment for repair.
17(Source: P.A. 98-31, eff. 6-24-13.)
18 (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
19 Sec. 28-7. Gambling contracts void.
20 (a) All promises, notes, bills, bonds, covenants,
21contracts, agreements, judgments, mortgages, or other
22securities or conveyances made, given, granted, drawn, or
23entered into, or executed by any person whatsoever, where the
24whole or any part of the consideration thereof is for any money
25or thing of value, won or obtained in violation of any Section

HB0385- 140 -LRB100 05884 MJP 15910 b
1of this Article are null and void.
2 (b) Any obligation void under this Section may be set aside
3and vacated by any court of competent jurisdiction, upon a
4complaint filed for that purpose, by the person so granting,
5giving, entering into, or executing the same, or by his
6executors or administrators, or by any creditor, heir, legatee,
7purchaser or other person interested therein; or if a judgment,
8the same may be set aside on motion of any person stated above,
9on due notice thereof given.
10 (c) No assignment of any obligation void under this Section
11may in any manner affect the defense of the person giving,
12granting, drawing, entering into or executing such obligation,
13or the remedies of any person interested therein.
14 (d) This Section shall not prevent a licensed owner or
15licensed manager of a riverboat gambling operation or casino
16gambling operation from instituting a cause of action to
17collect any amount due and owing under an extension of credit
18to a riverboat gambling patron as authorized under Section 11.1
19of the Riverboat and Casino Gambling Act.
20(Source: P.A. 87-826.)
21 Section 65. The Payday Loan Reform Act is amended by
22changing Section 3-5 as follows:
23 (815 ILCS 122/3-5)
24 Sec. 3-5. Licensure.

HB0385- 141 -LRB100 05884 MJP 15910 b
1 (a) A license to make a payday loan shall state the
2address, including city and state, at which the business is to
3be conducted and shall state fully the name of the licensee.
4The license shall be conspicuously posted in the place of
5business of the licensee and shall not be transferable or
6assignable.
7 (b) An application for a license shall be in writing and in
8a form prescribed by the Secretary. The Secretary may not issue
9a payday loan license unless and until the following findings
10are made:
11 (1) that the financial responsibility, experience,
12 character, and general fitness of the applicant are such as
13 to command the confidence of the public and to warrant the
14 belief that the business will be operated lawfully and
15 fairly and within the provisions and purposes of this Act;
16 and
17 (2) that the applicant has submitted such other
18 information as the Secretary may deem necessary.
19 (c) A license shall be issued for no longer than one year,
20and no renewal of a license may be provided if a licensee has
21substantially violated this Act and has not cured the violation
22to the satisfaction of the Department.
23 (d) A licensee shall appoint, in writing, the Secretary as
24attorney-in-fact upon whom all lawful process against the
25licensee may be served with the same legal force and validity
26as if served on the licensee. A copy of the written

HB0385- 142 -LRB100 05884 MJP 15910 b
1appointment, duly certified, shall be filed in the office of
2the Secretary, and a copy thereof certified by the Secretary
3shall be sufficient evidence to subject a licensee to
4jurisdiction in a court of law. This appointment shall remain
5in effect while any liability remains outstanding in this State
6against the licensee. When summons is served upon the Secretary
7as attorney-in-fact for a licensee, the Secretary shall
8immediately notify the licensee by registered mail, enclosing
9the summons and specifying the hour and day of service.
10 (e) A licensee must pay an annual fee of $1,000. In
11addition to the license fee, the reasonable expense of any
12examination or hearing by the Secretary under any provisions of
13this Act shall be borne by the licensee. If a licensee fails to
14renew its license by December 31, its license shall
15automatically expire; however, the Secretary, in his or her
16discretion, may reinstate an expired license upon:
17 (1) payment of the annual fee within 30 days of the
18 date of expiration; and
19 (2) proof of good cause for failure to renew.
20 (f) Not more than one place of business shall be maintained
21under the same license, but the Secretary may issue more than
22one license to the same licensee upon compliance with all the
23provisions of this Act governing issuance of a single license.
24The location, except those locations already in existence as of
25June 1, 2005, may not be within one mile of a horse race track
26subject to the Illinois Horse Racing Act of 1975, within one

HB0385- 143 -LRB100 05884 MJP 15910 b
1mile of a facility at which gambling is conducted under the
2Riverboat and Casino Gambling Act, within one mile of the
3location at which a riverboat subject to the Riverboat and
4Casino Gambling Act docks, or within one mile of any State of
5Illinois or United States military base or naval installation.
6 (g) No licensee shall conduct the business of making loans
7under this Act within any office, suite, room, or place of
8business in which (1) any loans are offered or made under the
9Consumer Installment Loan Act other than title secured loans as
10defined in subsection (a) of Section 15 of the Consumer
11Installment Loan Act and governed by Title 38, Section 110.330
12of the Illinois Administrative Code or (2) any other business
13is solicited or engaged in unless the other business is
14licensed by the Department or, in the opinion of the Secretary,
15the other business would not be contrary to the best interests
16of consumers and is authorized by the Secretary in writing.
17 (g-5) Notwithstanding subsection (g) of this Section, a
18licensee may obtain a license under the Consumer Installment
19Loan Act (CILA) for the exclusive purpose and use of making
20title secured loans, as defined in subsection (a) of Section 15
21of CILA and governed by Title 38, Section 110.300 of the
22Illinois Administrative Code. A licensee may continue to
23service Consumer Installment Loan Act loans that were
24outstanding as of the effective date of this amendatory Act of
25the 96th General Assembly.
26 (h) The Secretary shall maintain a list of licensees that

HB0385- 144 -LRB100 05884 MJP 15910 b
1shall be available to interested consumers and lenders and the
2public. The Secretary shall maintain a toll-free number whereby
3consumers may obtain information about licensees. The
4Secretary shall also establish a complaint process under which
5an aggrieved consumer may file a complaint against a licensee
6or non-licensee who violates any provision of this Act.
7(Source: P.A. 96-936, eff. 3-21-11.)
8 Section 70. The Travel Promotion Consumer Protection Act is
9amended by changing Section 2 as follows:
10 (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
11 Sec. 2. Definitions.
12 (a) "Travel promoter" means a person, including a tour
13operator, who sells, provides, furnishes, contracts for,
14arranges or advertises that he or she will arrange wholesale or
15retail transportation by air, land, sea or navigable stream,
16either separately or in conjunction with other services.
17"Travel promoter" does not include (1) an air carrier; (2) a
18sea carrier; (3) an officially appointed agent of an air
19carrier who is a member in good standing of the Airline
20Reporting Corporation; (4) a travel promoter who has in force
21$1,000,000 or more of liability insurance coverage for
22professional errors and omissions and a surety bond or
23equivalent surety in the amount of $100,000 or more for the
24benefit of consumers in the event of a bankruptcy on the part

HB0385- 145 -LRB100 05884 MJP 15910 b
1of the travel promoter; or (5) a riverboat subject to
2regulation under the Riverboat and Casino Gambling Act.
3 (b) "Advertise" means to make any representation in the
4solicitation of passengers and includes communication with
5other members of the same partnership, corporation, joint
6venture, association, organization, group or other entity.
7 (c) "Passenger" means a person on whose behalf money or
8other consideration has been given or is to be given to
9another, including another member of the same partnership,
10corporation, joint venture, association, organization, group
11or other entity, for travel.
12 (d) "Ticket or voucher" means a writing or combination of
13writings which is itself good and sufficient to obtain
14transportation and other services for which the passenger has
15contracted.
16(Source: P.A. 91-357, eff. 7-29-99.)

HB0385- 146 -LRB100 05884 MJP 15910 b
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 301/5-20
4 20 ILCS 2505/2505-305was 20 ILCS 2505/39b15.1
5 30 ILCS 105/6z-45
6 70 ILCS 1825/5.1from Ch. 19, par. 255.1
7 205 ILCS 670/12.5
8 230 ILCS 5/54
9 230 ILCS 5/54.75
10 230 ILCS 10/1from Ch. 120, par. 2401
11 230 ILCS 10/3from Ch. 120, par. 2403
12 230 ILCS 10/4from Ch. 120, par. 2404
13 230 ILCS 10/5from Ch. 120, par. 2405
14 230 ILCS 10/5.1from Ch. 120, par. 2405.1
15 230 ILCS 10/6from Ch. 120, par. 2406
16 230 ILCS 10/7from Ch. 120, par. 2407
17 230 ILCS 10/7.3
18 230 ILCS 10/7.4
19 230 ILCS 10/8from Ch. 120, par. 2408
20 230 ILCS 10/9from Ch. 120, par. 2409
21 230 ILCS 10/11from Ch. 120, par. 2411
22 230 ILCS 10/11.1from Ch. 120, par. 2411.1
23 230 ILCS 10/12from Ch. 120, par. 2412
24 230 ILCS 10/13from Ch. 120, par. 2413
25 230 ILCS 10/18from Ch. 120, par. 2418

HB0385- 147 -LRB100 05884 MJP 15910 b