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| Public Act 098-0377
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| HB0996 Enrolled | LRB098 02797 AMC 32805 b |
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Riverboat Gambling Act is amended by |
changing Section 5 as follows:
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(230 ILCS 10/5) (from Ch. 120, par. 2405)
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Sec. 5. Gaming Board.
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(a) (1) There is hereby established the
Illinois Gaming |
Board, which shall have the powers and duties specified in
this |
Act, and all other powers necessary and proper to fully and
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effectively execute this Act for the purpose of administering, |
regulating,
and enforcing the system of riverboat gambling |
established by this Act. Its
jurisdiction shall extend under |
this Act to every person, association,
corporation, |
partnership and trust involved in riverboat gambling
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operations in the State of Illinois.
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(2) The Board shall consist of 5 members to be appointed by |
the Governor
with the advice and consent of the Senate, one of |
whom shall be designated
by the Governor to be chairman. Each |
member shall have a reasonable
knowledge of the practice, |
procedure and principles of gambling operations.
Each member |
shall either be a resident of Illinois or shall certify that he
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will become a resident of Illinois before taking office. At |
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least one member
shall be experienced in law enforcement and |
criminal investigation, at
least one member shall be a |
certified public accountant experienced in
accounting and |
auditing, and at least one member shall be a lawyer licensed
to |
practice law in Illinois.
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(3) The terms of office of the Board members shall be 3 |
years, except
that the terms of office of the initial Board |
members appointed pursuant to
this Act will commence from the |
effective date of this Act and run as
follows: one for a term |
ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for |
a term ending July 1, 1993. Upon the expiration of the
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foregoing terms, the successors of such members shall serve a |
term for 3
years and until their successors are appointed and |
qualified for like terms.
Vacancies in the Board shall be |
filled for the unexpired term in like
manner as original |
appointments. Each member of the Board shall be
eligible for |
reappointment at the discretion of the Governor with the
advice |
and consent of the Senate.
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(4) Each member of the Board shall receive $300 for each |
day the
Board meets and for each day the member conducts any |
hearing pursuant to
this Act. Each member of the Board shall |
also be reimbursed for all actual
and necessary expenses and |
disbursements incurred in the execution of official
duties.
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(5) No person shall be appointed a member of the Board or |
continue to be
a member of the Board who is, or whose spouse, |
child or parent is, a member
of the board of directors of, or a |
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person financially interested in, any
gambling operation |
subject to the jurisdiction of this Board, or any race
track, |
race meeting, racing association or the operations thereof |
subject
to the jurisdiction of the Illinois Racing Board. No |
Board member shall
hold any other public office. No person |
shall be a
member of the Board who is not of good moral |
character or who has been
convicted of, or is under indictment |
for, a felony under the laws of
Illinois or any other state, or |
the United States.
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(5.5) No member of the Board shall engage in any political |
activity. For the purposes of this Section, "political" means |
any activity in support
of or in connection with any campaign |
for federal, State, or local elective office or any political
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organization, but does not include activities (i) relating to |
the support or
opposition of any executive, legislative, or |
administrative action (as those
terms are defined in Section 2 |
of the Lobbyist Registration Act), (ii) relating
to collective |
bargaining, or (iii) that are
otherwise
in furtherance of the |
person's official
State duties or governmental and public |
service functions.
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(6) Any member of the Board may be removed by the Governor |
for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
in office or for engaging in any political activity.
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(7) Before entering upon the discharge of the duties of his |
office, each
member of the Board shall take an oath that he |
will faithfully execute the
duties of his office according to |
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the laws of the State and the rules and
regulations adopted |
therewith and shall give bond to the State of Illinois,
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approved by the Governor, in the sum of $25,000. Every such |
bond, when
duly executed and approved, shall be recorded in the |
office of the
Secretary of State. Whenever the Governor |
determines that the bond of any
member of the Board has become |
or is likely to become invalid or
insufficient, he shall |
require such member forthwith to renew his bond,
which is to be |
approved by the Governor. Any member of the Board who fails
to |
take oath and give bond within 30 days from the date of his |
appointment,
or who fails to renew his bond within 30 days |
after it is demanded by the
Governor, shall be guilty of |
neglect of duty and may be removed by the
Governor. The cost of |
any bond given by any member of the Board under this
Section |
shall be taken to be a part of the necessary expenses of the |
Board.
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(7.5) For the examination of all mechanical, |
electromechanical, or electronic table games, slot machines, |
slot accounting systems, and other electronic gaming equipment |
for compliance with this Act, the Board may utilize the |
services of one or more independent outside testing |
laboratories that have been accredited by a national |
accreditation body and that, in the judgment of the Board, are |
qualified to perform such examinations. |
(8) The Board shall employ such
personnel as may be |
necessary to carry out its functions and shall determine the |
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salaries of all personnel, except those personnel whose |
salaries are determined under the terms of a collective |
bargaining agreement. No
person shall be employed to serve the |
Board who is, or whose spouse, parent
or child is, an official |
of, or has a financial interest in or financial
relation with, |
any operator engaged in gambling operations within this
State |
or any organization engaged in conducting horse racing within |
this
State. Any employee violating these prohibitions shall be |
subject to
termination of employment.
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(9) An Administrator shall perform any and all duties that |
the Board
shall assign him. The salary of the Administrator |
shall be determined by
the Board and, in addition,
he shall be |
reimbursed for all actual and necessary expenses incurred by
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him in discharge of his official duties. The Administrator |
shall keep
records of all proceedings of the Board and shall |
preserve all records,
books, documents and other papers |
belonging to the Board or entrusted to
its care. The |
Administrator shall devote his full time to the duties of
the |
office and shall not hold any other office or employment.
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(b) The Board shall have general responsibility for the |
implementation
of this Act. Its duties include, without |
limitation, the following:
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(1) To decide promptly and in reasonable order all |
license applications.
Any party aggrieved by an action of |
the Board denying, suspending,
revoking, restricting or |
refusing to renew a license may request a hearing
before |
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the Board. A request for a hearing must be made to the |
Board in
writing within 5 days after service of notice of |
the action of the Board.
Notice of the action of the Board |
shall be served either by personal
delivery or by certified |
mail, postage prepaid, to the aggrieved party.
Notice |
served by certified mail shall be deemed complete on the |
business
day following the date of such mailing. The Board |
shall conduct all
requested hearings promptly and in |
reasonable order;
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(2) To conduct all hearings pertaining to civil |
violations of this Act
or rules and regulations promulgated |
hereunder;
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(3) To promulgate such rules and regulations as in its |
judgment may be
necessary to protect or enhance the |
credibility and integrity of gambling
operations |
authorized by this Act and the regulatory process |
hereunder;
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(4) To provide for the establishment and collection of |
all license and
registration fees and taxes imposed by this |
Act and the rules and
regulations issued pursuant hereto. |
All such fees and taxes shall be
deposited into the State |
Gaming Fund;
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(5) To provide for the levy and collection of penalties |
and fines for the
violation of provisions of this Act and |
the rules and regulations
promulgated hereunder. All such |
fines and penalties shall be deposited
into the Education |
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Assistance Fund, created by Public Act 86-0018, of the
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State of Illinois;
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(6) To be present through its inspectors and agents any |
time gambling
operations are conducted on any riverboat for |
the purpose of certifying the
revenue thereof, receiving |
complaints from the public, and conducting such
other |
investigations into the conduct of the gambling games and |
the
maintenance of the equipment as from time to time the |
Board may deem
necessary and proper;
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(7) To review and rule upon any complaint by a licensee
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regarding any investigative procedures of the State which |
are unnecessarily
disruptive of gambling operations. The |
need to inspect and investigate
shall be presumed at all |
times. The disruption of a licensee's operations
shall be |
proved by clear and convincing evidence, and establish |
that: (A)
the procedures had no reasonable law enforcement |
purposes, and (B) the
procedures were so disruptive as to |
unreasonably inhibit gambling operations;
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(8) To hold at least one meeting each quarter of the |
fiscal
year. In addition, special meetings may be called by |
the Chairman or any 2
Board members upon 72 hours written |
notice to each member. All Board
meetings shall be subject |
to the Open Meetings Act. Three members of the
Board shall |
constitute a quorum, and 3 votes shall be required for any
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final determination by the Board. The Board shall keep a |
complete and
accurate record of all its meetings. A |
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majority of the members of the Board
shall constitute a |
quorum for the transaction of any business, for the
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performance of any duty, or for the exercise of any power |
which this Act
requires the Board members to transact, |
perform or exercise en banc, except
that, upon order of the |
Board, one of the Board members or an
administrative law |
judge designated by the Board may conduct any hearing
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provided for under this Act or by Board rule and may |
recommend findings and
decisions to the Board. The Board |
member or administrative law judge
conducting such hearing |
shall have all powers and rights granted to the
Board in |
this Act. The record made at the time of the hearing shall |
be
reviewed by the Board, or a majority thereof, and the |
findings and decision
of the majority of the Board shall |
constitute the order of the Board in
such case;
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(9) To maintain records which are separate and distinct |
from the records
of any other State board or commission. |
Such records shall be available
for public inspection and |
shall accurately reflect all Board proceedings;
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(10) To file a written annual report with the Governor |
on or before
March 1 each year and such additional reports |
as the Governor may request.
The annual report shall |
include a statement of receipts and disbursements
by the |
Board, actions taken by the Board, and any additional |
information
and recommendations which the Board may deem |
valuable or which the Governor
may request;
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(11) (Blank);
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(12) (Blank);
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(13) To assume responsibility for administration and |
enforcement of the
Video Gaming Act; and |
(14) To adopt, by rule, a code of conduct governing |
Board members and employees that ensure, to the maximum |
extent possible, that persons subject to this Code avoid |
situations, relationships, or associations that may |
represent or lead to a conflict of interest.
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(c) The Board shall have jurisdiction over and shall |
supervise all
gambling operations governed by this Act. The |
Board shall have all powers
necessary and proper to fully and |
effectively execute the provisions of
this Act, including, but |
not limited to, the following:
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(1) To investigate applicants and determine the |
eligibility of
applicants for licenses and to select among |
competing applicants the
applicants which best serve the |
interests of the citizens of Illinois.
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(2) To have jurisdiction and supervision over all |
riverboat gambling
operations in this State and all persons |
on riverboats where gambling
operations are conducted.
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(3) To promulgate rules and regulations for the purpose |
of administering
the provisions of this Act and to |
prescribe rules, regulations and
conditions under which |
all riverboat gambling in the State shall be
conducted. |
Such rules and regulations are to provide for the |
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prevention of
practices detrimental to the public interest |
and for the best interests of
riverboat gambling, including |
rules and regulations regarding the
inspection of such |
riverboats and the review of any permits or licenses
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necessary to operate a riverboat under any laws or |
regulations applicable
to riverboats, and to impose |
penalties for violations thereof.
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(4) To enter the office, riverboats, facilities, or |
other
places of business of a licensee, where evidence of |
the compliance or
noncompliance with the provisions of this |
Act is likely to be found.
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(5) To investigate alleged violations of this Act or |
the
rules of the Board and to take appropriate disciplinary
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action against a licensee or a holder of an occupational |
license for a
violation, or institute appropriate legal |
action for enforcement, or both.
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(6) To adopt standards for the licensing of all persons |
under this Act,
as well as for electronic or mechanical |
gambling games, and to establish
fees for such licenses.
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(7) To adopt appropriate standards for all riverboats
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and facilities.
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(8) To require that the records, including financial or |
other statements
of any licensee under this Act, shall be |
kept in such manner as prescribed
by the Board and that any |
such licensee involved in the ownership or
management of |
gambling operations submit to the Board an annual balance
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sheet and profit and loss statement, list of the |
stockholders or other
persons having a 1% or greater |
beneficial interest in the gambling
activities of each |
licensee, and any other information the Board deems
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necessary in order to effectively administer this Act and |
all rules,
regulations, orders and final decisions |
promulgated under this Act.
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(9) To conduct hearings, issue subpoenas for the |
attendance of
witnesses and subpoenas duces tecum for the |
production of books, records
and other pertinent documents |
in accordance with the Illinois
Administrative Procedure |
Act, and to administer oaths and affirmations to
the |
witnesses, when, in the judgment of the Board, it is |
necessary to
administer or enforce this Act or the Board |
rules.
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(10) To prescribe a form to be used by any licensee |
involved in the
ownership or management of gambling |
operations as an
application for employment for their |
employees.
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(11) To revoke or suspend licenses, as the Board may |
see fit and in
compliance with applicable laws of the State |
regarding administrative
procedures, and to review |
applications for the renewal of licenses. The
Board may |
suspend an owners license, without notice or hearing upon a
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determination that the safety or health of patrons or |
employees is
jeopardized by continuing a riverboat's |
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operation. The suspension may
remain in effect until the |
Board determines that the cause for suspension
has been |
abated. The Board may revoke the owners license upon a
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determination that the owner has not made satisfactory |
progress toward
abating the hazard.
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(12) To eject or exclude or authorize the ejection or |
exclusion of, any
person from riverboat gambling |
facilities where such person is in violation
of this Act, |
rules and regulations thereunder, or final orders of the
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Board, or where such person's conduct or reputation is such |
that his
presence within the riverboat gambling facilities |
may, in the opinion of
the Board, call into question the |
honesty and integrity of the gambling
operations or |
interfere with orderly conduct thereof; provided that the
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propriety of such ejection or exclusion is subject to |
subsequent hearing
by the Board.
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(13) To require all licensees of gambling operations to |
utilize a
cashless wagering system whereby all players' |
money is converted to tokens,
electronic cards, or chips |
which shall be used only for wagering in the
gambling |
establishment.
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(14) (Blank).
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(15) To suspend, revoke or restrict licenses, to |
require the
removal of a licensee or an employee of a |
licensee for a violation of this
Act or a Board rule or for |
engaging in a fraudulent practice, and to
impose civil |
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penalties of up to $5,000 against individuals and up to
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$10,000 or an amount equal to the daily gross receipts, |
whichever is
larger, against licensees for each violation |
of any provision of the Act,
any rules adopted by the |
Board, any order of the Board or any other action
which, in |
the Board's discretion, is a detriment or impediment to |
riverboat
gambling operations.
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(16) To hire employees to gather information, conduct |
investigations
and carry out any other tasks contemplated |
under this Act.
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(17) To establish minimum levels of insurance to be |
maintained by
licensees.
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(18) To authorize a licensee to sell or serve alcoholic |
liquors, wine or
beer as defined in the Liquor Control Act |
of 1934 on board a riverboat
and to have exclusive |
authority to establish the hours for sale and
consumption |
of alcoholic liquor on board a riverboat, notwithstanding |
any
provision of the Liquor Control Act of 1934 or any |
local ordinance, and
regardless of whether the riverboat |
makes excursions. The
establishment of the hours for sale |
and consumption of alcoholic liquor on
board a riverboat is |
an exclusive power and function of the State. A home
rule |
unit may not establish the hours for sale and consumption |
of alcoholic
liquor on board a riverboat. This amendatory |
Act of 1991 is a denial and
limitation of home rule powers |
and functions under subsection (h) of
Section 6 of Article |
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VII of the Illinois Constitution.
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(19) After consultation with the U.S. Army Corps of |
Engineers, to
establish binding emergency orders upon the |
concurrence of a majority of
the members of the Board |
regarding the navigability of water, relative to
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excursions,
in the event
of extreme weather conditions, |
acts of God or other extreme circumstances.
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(20) To delegate the execution of any of its powers |
under this Act for
the purpose of administering and |
enforcing this Act and its rules and
regulations hereunder.
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(20.5) To approve any contract entered into on its |
behalf.
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(20.6) To appoint investigators to conduct |
investigations, searches, seizures, arrests, and other |
duties imposed under this Act, as deemed necessary by the |
Board. These investigators have and may exercise all of the |
rights and powers of peace officers, provided that these |
powers shall be limited to offenses or violations occurring |
or committed on a riverboat or dock, as defined in |
subsections (d) and (f) of Section 4, or as otherwise |
provided by this Act or any other law. |
(20.7) To contract with the Department of State Police |
for the use of trained and qualified State police officers |
and with the Department of Revenue for the use of trained |
and qualified Department of Revenue investigators to |
conduct investigations, searches, seizures, arrests, and |
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other duties imposed under this Act and to exercise all of |
the rights and powers of peace officers, provided that the |
powers of Department of Revenue investigators under this |
subdivision (20.7) shall be limited to offenses or |
violations occurring or committed on a riverboat or dock, |
as defined in subsections (d) and (f) of Section 4, or as |
otherwise provided by this Act or any other law. In the |
event the Department of State Police or the Department of |
Revenue is unable to fill contracted police or |
investigative positions, the Board may appoint |
investigators to fill those positions pursuant to |
subdivision (20.6).
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(21) To take any other action as may be reasonable or |
appropriate to
enforce this Act and rules and regulations |
hereunder.
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(d) The Board may seek and shall receive the cooperation of |
the
Department of State Police in conducting background |
investigations of
applicants and in fulfilling its |
responsibilities under
this Section. Costs incurred by the |
Department of State Police as
a result of such cooperation |
shall be paid by the Board in conformance
with the requirements |
of Section 2605-400 of the Department of State Police Law
(20 |
ILCS 2605/2605-400).
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(e) The Board must authorize to each investigator and to |
any other
employee of the Board exercising the powers of a |
peace officer a distinct badge
that, on its face, (i) clearly |
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states that the badge is authorized by the Board
and
(ii) |
contains a unique identifying number. No other badge shall be |
authorized
by the Board.
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(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; |
96-1000, eff. 7-2-10; 96-1392, eff. 1-1-11.)
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Section 5. The Charitable Games Act is amended by changing |
Sections 3, 4, 5, 8, and 9 as follows:
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(230 ILCS 30/3) (from Ch. 120, par. 1123)
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Sec. 3. The Department of Revenue shall, upon application |
therefor
on forms prescribed by the Department, and upon the |
payment of a nonrefundable annual
fee of $400 due upon |
application and each renewal $200, and upon a determination by |
the Department that the applicant
meets all of the |
qualifications specified in this Act, issue a
charitable games |
license for the conducting of charitable games to any
of the |
following:
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(i) Any local fraternal mutual benefit organization |
chartered at least
40 years before it applies for a license |
under this Act.
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(ii) Any qualified organization organized in Illinois |
which operates
without profit to its members, which has |
been in existence in Illinois
continuously for a period of |
5 years immediately before making application for
a license |
and which has had during that 5 year period a bona fide |
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membership
engaged in carrying out its objects. However, |
the 5 year requirement shall be
reduced to 2 years, as |
applied to a local organization which is affiliated with
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and chartered by a national organization which meets the 5 |
year requirement.
The period of existence specified above |
shall not apply to a qualified
organization, organized for |
charitable purpose, created by a fraternal
organization |
that meets the existence requirements if the charitable
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organization has the same officers and directors as the |
fraternal organization.
Only one charitable organization |
created by a branch lodge or chapter of a
fraternal |
organization may be licensed under this provision.
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The application shall be signed by a person listed on the |
application as an owner, officer, or other person in charge of |
the necessary day-to-day operations of the applicant |
organization, who shall attest under penalties of perjury that |
the information contained in the application is true, correct, |
and complete.
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Each license shall be in effect for 2 years one year from |
its date of
issuance unless extended, suspended, or revoked by |
Department action before that date.
Any extension shall not |
exceed one year. The Department may by rule authorize the |
filing by electronic means of any application, license, permit, |
return, or registration required under this Act. A licensee may |
hold only one license. Each license must be applied for at
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least 30 days prior to the night or nights the licensee wishes |
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to conduct
such games. The Department may issue a license to a |
licensee that applies less than 30 days prior to the night or |
nights the licensee wishes to conduct the games if all other |
requirements of this Act are met and the Department has |
sufficient time and resources to issue the license in a timely |
manner. The Department may provide by rule for an extension of |
any charitable games license issued under this Act. If a |
licensee wishes to conduct games at a location other than
the |
locations originally specified in the license, the licensee |
shall
notify the Department of the proposed alternate location |
at least 30 days
before the night on which the licensee wishes |
to conduct games at the
alternate location. The Department may |
accept an applicant's change in location with less than 30 |
days' notice if all other requirements of this Act are met and |
the Department has sufficient time and resources to process the |
change in a timely manner.
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All taxes and fees imposed by this Act, unless otherwise |
specified, shall be paid into the Illinois Gaming Law |
Enforcement Fund of the State Treasury.
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(Source: P.A. 95-228, eff. 8-16-07.)
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(230 ILCS 30/4) (from Ch. 120, par. 1124)
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Sec. 4. Licensing Restrictions. Licensing for the |
conducting of
charitable games is subject to the following |
restrictions:
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(1) The license application, when submitted to the |
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Department of Revenue,
must contain a sworn statement |
attesting to the not-for-profit character
of the |
prospective licensee organization, signed by a person |
listed on the application as an owner, officer, or other |
person in charge of the necessary day-to-day operations. |
The application shall contain the
name of the person in |
charge of and primarily responsible for the
conduct of the |
charitable games. The person so designated shall be
present |
on the premises continuously during charitable games.
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(2) The license application shall be prepared by the |
prospective
licensee organization or its duly authorized |
representative in accordance
with the
rules of the |
Department of Revenue.
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(2.1) The organization shall maintain among its books |
and records a list of the names,
addresses, social security |
numbers, and dates of birth of all persons who will
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participate in the management or operation of the games, |
along with a sworn
statement made under penalties of |
perjury, signed by a person listed on the application as an |
owner, officer, or other person in charge of the necessary |
day-to-day operations, that the persons listed as |
participating in the
management or operation of the games |
are bona fide members, volunteers as
defined in Section 2, |
or employees of the applicant, that these persons have
not
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participated in the management or operation of more than 12 |
4 charitable games
events conducted by any licensee in the |
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calendar year, and that these persons
will receive no |
remuneration or compensation, directly or indirectly from |
any
source, for participating in the management or |
operation of the games. Any
amendments to this listing must |
contain an identical sworn statement.
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(2.2) (Blank).
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(3) Each license shall state the date, hours and
at |
what
locations the licensee is permitted to conduct |
charitable games.
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(4) Each licensee shall file a copy of the license with |
each
police
department or, if in unincorporated areas, each |
sheriff's office whose
jurisdiction includes the premises |
on which the charitable games are
authorized under the |
license.
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(5) The licensee shall prominently display the license |
in the
area where the licensee is to conduct charitable |
games. The licensee shall likewise display, in the form and |
manner prescribed by the Department, the provisions of |
Section 9 of this Act.
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(6) (Blank).
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(7) (Blank). Each licensee shall obtain and maintain a |
bond for the
benefit of
participants in games conducted by |
the licensee to insure payment to the
winners of such |
games. Such bond discretionary by the Department and shall |
be in an amount established by rule
by the Department of |
Revenue. In a county with fewer than 60,000
inhabitants, |
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the Department may waive the bond
requirement upon a |
showing by a licensee that it has sufficient funds on
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deposit to insure payment to the winners of such games.
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(8) A license is not assignable or transferable.
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(9) Unless the premises for conducting charitable |
games are provided by
a
municipality, the Department shall |
not issue a license
permitting a
person, firm
or |
corporation to sponsor a charitable games night if the |
premises for the
conduct of the charitable games has been |
previously used for 12 8
charitable
games nights during the |
previous 12 months.
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(10) Auxiliary organizations of a licensee shall not be
|
eligible for a
license to conduct charitable games, except |
for auxiliary organizations
of veterans organizations as |
authorized in Section 2.
|
(11) Charitable games must be conducted in accordance |
with
local
building and fire code requirements.
|
(12) The licensee shall consent to allowing the |
Department's
employees
to be present on the premises |
wherein the charitable games are conducted
and to inspect |
or test equipment, devices and supplies used in the conduct
|
of the game.
|
Nothing in this Section shall be construed to prohibit a |
licensee that
conducts charitable games on its own premises |
from also obtaining a
providers' license in accordance with |
Section 5.1.
The maximum number of charitable games events that |
|
may be held in any one
premises is limited to one 8 charitable |
games event events per month calendar year.
|
(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
|
(230 ILCS 30/5) (from Ch. 120, par. 1125)
|
Sec. 5. Providers' License. The Department shall issue a |
providers'
license permitting a person, firm or corporation to |
provide
premises for the conduct of charitable games. No |
person, firm or
corporation may rent or otherwise provide |
premises without having first
obtained a license. Applications |
for providers' licenses shall be made in writing in accordance |
with Department rules. The Department shall license providers |
of charitable games at a nonrefundable annual fee of $50, or |
nonrefundable triennial license fee of $150. Each providers' |
license is valid for one year
from the date of issuance, or 3 |
years from date of issuance for a triennial license, unless |
extended, suspended,
or revoked by Department action
before
|
that date. Any extension of a providers' license shall not |
exceed one year. A provider may receive reasonable compensation |
for the provision
of the premises. Reasonable expenses shall |
include only those expenses defined as reasonable by rules |
adopted by the Department. A provider, other than a
|
municipality, may not provide
the same premises for conducting |
more than 12 8 charitable games nights
per year.
A provider |
shall not have any interest in any suppliers' business, either
|
direct or indirect.
A municipality may provide the same |
|
premises for conducting 48 16 charitable
games nights during a |
12-month period. No employee, officer, or owner of a
provider |
may participate in the management or operation of a charitable |
games
event, even if the employee, officer, or owner is also a |
member, volunteer, or
employee of the charitable games |
licensee. A provider may not promote or
solicit a charitable |
games event on behalf of a charitable games licensee or
|
qualified organization.
Any qualified organization licensed to |
conduct a
charitable game need not obtain a providers' license |
if such games are to
be conducted on the organization's |
premises.
|
(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
|
(230 ILCS 30/8) (from Ch. 120, par. 1128)
|
Sec. 8. The conducting of charitable games is subject to |
the following
restrictions:
|
(1) The entire net proceeds from charitable games must |
be exclusively
devoted to the lawful purposes of the |
organization permitted to conduct
that game.
|
(2) No person except a bona fide member or employee of |
the
sponsoring organization, or a volunteer recruited by |
the sponsoring
organization, may participate in the |
management or operation of the
game.
A person participates |
in the management or operation of a charitable game
when he |
or she sells admission tickets at the event; sells, |
redeems, or in any
way assists in the selling or redeeming |
|
of chips, scrip, or play money;
participates in the
|
conducting of any of the games played during the event, or |
supervises, directs
or instructs anyone conducting a game; |
or at any time during the hours of the
charitable games |
event counts, handles, or supervises anyone counting or
|
handling any of the proceeds or chips, scrip, or play money |
at the event. A
person who is present to
ensure that the |
games are being conducted in conformance with the rules
|
established by the licensed organization or is present to |
insure that the
equipment is working
properly is considered |
to be participating in the management or operation of a
|
game. Setting up, cleaning up, selling food and drink, or |
providing security
for persons or property at the event |
does not constitute participation in the
management or |
operation of the game.
|
Only bona fide members, volunteers as defined in |
Section 2 of this Act, and
employees of the sponsoring |
organization may participate in the management or
|
operation of the games. Participation in the management or
|
operation
of the games is limited to no more than 12 4 |
charitable games events, either of the sponsoring |
organization or any other licensed organization, during a |
calendar year.
|
(3) No person may receive any remuneration or |
compensation either
directly or
indirectly from any source |
for
participating in the management or operation of the |
|
game.
|
(4) No single bet at any house-banked game may exceed |
$20 $10.
|
(5) A bank shall be established on the premises to |
convert currency into
chips, scrip, or other form of play |
money which shall then be used to play
at
games of chance |
which the participant chooses. Chips, scrip, or play money
|
must be permanently monogrammed with the supplier license |
number or logo or charitable games license number of a the |
licensed organization or of the
supplier. Each participant |
must be issued a receipt indicating the amount
of chips, |
scrip, or play money purchased.
|
(6) At the conclusion of the event or when the |
participant leaves, he or she
may cash in his or her chips, |
scrip, or play money in exchange for currency not to
exceed |
$500 in cash winnings $250 or unlimited noncash prizes. |
Each participant shall sign for any receipt
of prizes. The |
licensee shall provide the Department of Revenue with a
|
listing of all prizes awarded, including the retail value |
of all prizes awarded.
|
(7) Each licensee shall be permitted to conduct |
charitable games on
not more than 4 days each year. Nothing |
in this Section shall be construed to prohibit a licensee |
that conducts charitable games on its own premises from |
also obtaining a providers' license in accordance with |
Section 7 of this Act.
|
|
(8) Unless the provider of the premises is a |
municipality, the
provider of the premises may not rent or |
otherwise provide the
premises for the conducting of more |
than one 8 charitable games night nights per month year.
|
(9) A charitable games event is considered to be a |
one-day event and charitable games may not be played |
between the hours of 2:00 a.m.
and noon.
|
(10) No person under the age of 18 years may play or |
participate in the
conducting of charitable games. Any |
person under the age of 18 years
may be within the area |
where charitable games are being played only
when |
accompanied by his parent or guardian.
|
(11) No one other than the sponsoring organization
of |
charitable games must have a proprietary
interest in the |
game promoted.
|
(12) Raffles or other forms of gambling prohibited by |
law shall not be
conducted on the premises where charitable |
games are being conducted.
|
(13) Such games are not expressly prohibited by county
|
ordinance for
charitable games conducted in the |
unincorporated areas of the county or
municipal ordinance |
for charitable games conducted in the municipality and
the |
ordinance is filed with the Department of Revenue. The |
Department
shall provide each county or municipality with a |
list of organizations
licensed or subsequently authorized |
by the Department to conduct
charitable games in their |
|
jurisdiction.
|
(14) The sale of tangible personal property at |
charitable games is
subject to all State and local taxes |
and obligations.
|
(15) Each licensee may offer or conduct only the games
|
listed
below,
which must be conducted in accordance with
|
rules posted by the organization. The organization |
sponsoring charitable
games shall promulgate rules, and |
make printed copies available to
participants, for the |
following games: (a) roulette; (b) blackjack; (c)
poker; |
(d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; |
(h) big
six; (i) gin rummy; (j) five card stud poker; (k) |
chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) |
merchandise wheel. A licensee need not offer or
conduct |
every game permitted by law.
The conducting of games not |
listed above is prohibited by this Act.
|
(16) No slot machines or coin-in-the-slot-operated |
devices
that allow a participant to play games of chance |
shall be permitted to be used at the location and during |
the time at which the charitable games are being conducted. |
However, establishments that have video gaming terminals |
licensed under the Video Gaming Act may operate them along |
with charitable games under rules adopted by the |
Department.
|
(17) No cards, dice, wheels, or other equipment may be |
modified or
altered
so as to give the licensee a greater |
|
advantage in winning, other than as
provided under the |
normal rules of play of a particular game.
|
(18) No credit shall be extended to any of the |
participants.
|
(19) (Blank).
|
(20) A supplier may have only one representative |
present at the charitable
games event, for the exclusive |
purpose of ensuring that its equipment is not
damaged.
|
(21) No employee, owner, or officer of a consultant |
service hired by a
licensed organization to perform |
services at the event including, but not
limited to, |
security for
persons or property at the event or services |
before the event including, but
not limited to, training |
for volunteers
or advertising may participate in the |
management or operation of the games.
|
(22) (Blank).
|
(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
|
(230 ILCS 30/9) (from Ch. 120, par. 1129)
|
Sec. 9. There shall be paid to the Department of Revenue, |
5% 3% of the net
gross proceeds of charitable games conducted |
under the provisions
of this Act. Such payments shall be made |
within 30 days after the
completion of the games. Accompanying |
each payment shall be a return, on forms prescribed by
the |
Department of Revenue. Failure to submit either the payment or |
the return within the
specified time may result in suspension |
|
or revocation of the license. Tax returns filed pursuant to |
this Act shall not be confidential and shall be available for |
public inspection.
|
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, |
5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' |
Occupation
Tax Act, and Section 3-7 of the Uniform Penalty and |
Interest Act,
which are not inconsistent with this Act shall |
apply, as far as
practicable, to the subject matter of this Act |
to the same extent as if
such provisions were included in this |
Act. For the purposes of this Act, references in such |
incorporated
Sections of the Retailers' Occupation Tax Act to |
retailers, sellers or
persons engaged in the business of |
selling tangible personal property means
persons engaged in |
conducting charitable games, and references in such
|
incorporated Sections of the Retailers' Occupation Tax Act to |
sales of
tangible personal property mean the conducting of |
charitable games and the
making of charges for playing such |
games.
|
All payments made to the Department of Revenue under this |
Section shall be deposited
into the Illinois Gaming Law |
Enforcement Fund of the State Treasury.
|
(Source: P.A. 95-228, eff. 8-16-07.)
|
Section 10. The Video Gaming
Act is amended by changing |
Section 15 as follows:
|
|
(230 ILCS 40/15)
|
Sec. 15. Minimum requirements for
licensing and |
registration. Every video gaming terminal offered for
play |
shall first be
tested and approved pursuant to the rules of the |
Board, and
each video gaming terminal offered in this State for |
play shall conform to an
approved
model. For the examination of |
video gaming machines and associated equipment as required by |
this Section, the The Board may utilize the services of one or |
more an independent outside testing laboratories that have been |
accredited by a national accreditation body and that, in the |
judgment of the Board, are qualified to perform such |
examinations laboratory for the
examination of video gaming |
machines and associated equipment as required
by this Section. |
Every video gaming terminal offered in this State for play must |
meet minimum standards set by an independent outside testing |
laboratory approved by the Board. Each approved model shall, at |
a minimum, meet the following
criteria:
|
(1) It must conform to all requirements of federal law |
and
regulations, including FCC Class A
Emissions |
Standards.
|
(2) It must theoretically pay out a mathematically |
demonstrable percentage
during the expected lifetime of |
the machine
of all amounts played, which must not be less |
than 80%. The Board shall establish a maximum payout |
percentage for approved models by rule. Video gaming
|
terminals that may be affected by skill must meet this |
|
standard when using a
method of play that will provide the |
greatest return to the player over a
period of continuous |
play.
|
(3) It must use a random selection process to determine |
the outcome of
each play of a game. The random selection |
process must meet 99% confidence
limits using a standard |
chi-squared test for (randomness) goodness of fit.
|
(4) It must display an accurate representation of the |
game outcome.
|
(5) It must not automatically alter pay tables or any |
function of the
video gaming terminal based on internal |
computation of hold percentage or have
any means of |
manipulation that affects the random selection process or
|
probabilities of winning a game.
|
(6) It must not be adversely affected by static |
discharge or other
electromagnetic interference.
|
(7) It must be capable of detecting and displaying the |
following
conditions
during idle states or on demand: power |
reset; door open; and door just closed.
|
(8) It must have the capacity to display complete play |
history
(outcome, intermediate play steps, credits |
available, bets placed, credits
paid, and credits cashed |
out) for the most recent game played and 10 games
prior
|
thereto.
|
(9) The theoretical payback percentage of a video |
gaming terminal must
not be
capable of being changed |
|
without making a hardware or software change in
the video |
gaming terminal, either on site or via the central |
communications system.
|
(10) Video gaming terminals must be designed so that |
replacement of
parts or modules required for normal |
maintenance does not necessitate
replacement of the |
electromechanical meters.
|
(11) It must have nonresettable meters housed in a |
locked area of the
terminal that
keep a permanent record of |
all cash inserted into the machine, all winnings
made by |
the terminal printer, credits played in for video gaming |
terminals, and
credits won by video gaming players. The |
video gaming terminal must provide
the means for on-demand |
display of stored information as determined by the
Board.
|
(12) Electronically stored meter information required |
by this Section
must be preserved for a minimum of 180 days |
after a power loss to the service.
|
(13) It must have one or more mechanisms that accept |
cash in the
form of
bills. The mechanisms shall be designed |
to prevent obtaining credits without
paying by stringing, |
slamming, drilling, or other means. If such attempts at |
physical tampering are made, the video gaming terminal |
shall suspend itself from operating until reset.
|
(14) It shall have accounting software that keeps an |
electronic record
which includes, but is not limited to, |
the following: total cash inserted
into the video gaming |
|
terminal; the value of winning tickets claimed by
players; |
the
total credits played; the total
credits awarded
by a |
video gaming terminal; and pay back percentage credited to |
players of each video game.
|
(15) It shall be linked by a central communications |
system
to provide
auditing program information as approved |
by the Board. The central communications system shall use a |
standard industry protocol, as defined by the Gaming |
Standards Association, and shall have the functionality to |
enable the Board or its designee to activate or deactivate |
individual gaming devices from the central communications |
system. In no event may the
communications system approved |
by the Board limit participation to only one
manufacturer |
of video gaming terminals by either the cost in |
implementing
the necessary program modifications to |
communicate or the inability to
communicate with the |
central communications system.
|
(16) The Board, in its discretion, may require video |
gaming terminals to display Amber Alert messages if the |
Board makes a finding that it would be economically and |
technically feasible and pose no risk to the integrity and |
security of the central communications system and video |
gaming terminals.
|
