Bill Text: IL HB2693 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Riverboat Gambling Act to change the short title to the Casino Gaming Act. Amends various other Acts to reflect the short title change. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB2693 Detail]
Download: Illinois-2013-HB2693-Introduced.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Alcoholism and Other Drug Abuse and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Dependency Act is amended by changing Section 5-20 as follows:
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6 | (20 ILCS 301/5-20)
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7 | Sec. 5-20. Compulsive gambling program.
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8 | (a) Subject to appropriation, the Department shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | establish a program for
public education, research, and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | training regarding problem and compulsive
gambling and the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | treatment and prevention of problem and compulsive gambling.
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12 | Subject to specific appropriation for these stated purposes, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | the program must
include all of the following:
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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.
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18 | (2) Promotion of public awareness regarding the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | recognition and
prevention of problem and compulsive | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | gambling.
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21 | (3) Facilitation, through in-service training and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | other means, of the
availability of effective assistance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | programs for problem and compulsive
gamblers.
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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.
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4 | (b) Subject to appropriation, the Department shall either | ||||||
5 | establish and
maintain the program or contract with a private | ||||||
6 | or public entity for the
establishment and maintenance of the | ||||||
7 | program. Subject to appropriation, either
the Department or the | ||||||
8 | private or public entity shall implement the toll-free
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9 | telephone number, promote public awareness, and conduct | ||||||
10 | in-service training
concerning problem and compulsive | ||||||
11 | gambling.
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12 | (c) Subject to appropriation, the Department shall produce | ||||||
13 | and supply the
signs specified in Section 10.7 of the Illinois | ||||||
14 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
15 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
16 | of the Charitable Games Act, and Section 13.1 of the Casino | ||||||
17 | Gaming Riverboat
Gambling Act.
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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 | ||||||
20 | Administrative Code of Illinois is amended by changing Section | ||||||
21 | 2505-305 as follows:
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22 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
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23 | Sec. 2505-305. Investigators.
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24 | (a) The Department has the power to
appoint investigators |
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1 | to conduct all investigations,
searches, seizures, arrests, | ||||||
2 | and other duties imposed under the provisions
of any law | ||||||
3 | administered by the Department.
Except as provided in | ||||||
4 | subsection (c), these investigators have
and
may exercise all | ||||||
5 | the powers of peace officers solely for the purpose of
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6 | enforcing taxing measures administered by the Department.
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7 | (b) The Director must authorize to each investigator | ||||||
8 | employed under this
Section and
to any other employee of the | ||||||
9 | Department exercising the powers of a peace
officer a
distinct | ||||||
10 | badge that, on its face, (i) clearly states that the badge is
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11 | authorized
by the
Department and (ii)
contains a unique | ||||||
12 | identifying number.
No other badge shall be authorized by
the | ||||||
13 | Department.
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14 | (c) The Department may enter into agreements with the | ||||||
15 | Illinois Gaming Board providing that investigators appointed | ||||||
16 | under this Section shall exercise the peace officer powers set | ||||||
17 | forth in paragraph (20.6) of subsection (c) of Section 5 of the | ||||||
18 | Casino Gaming Riverboat Gambling Act.
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19 | (Source: P.A. 96-37, eff. 7-13-09.)
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20 | Section 15. The Joliet Regional Port District Act is | ||||||
21 | amended by changing Section 5.1 as follows:
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22 | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
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23 | Sec. 5.1. Riverboat gambling. Notwithstanding any other | ||||||
24 | provision of
this Act, the District may not regulate the |
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1 | operation, conduct, or
navigation of any riverboat gambling | ||||||
2 | casino licensed under the Casino Gaming Riverboat
Gambling Act, | ||||||
3 | and the District
may not license, tax, or otherwise levy any | ||||||
4 | assessment of any kind on
any riverboat gambling casino | ||||||
5 | licensed under the Casino Gaming Riverboat Gambling Act. The
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6 | General Assembly declares that the powers to regulate the | ||||||
7 | operation,
conduct, and navigation of riverboat gambling | ||||||
8 | casinos and to license, tax,
and levy assessments upon | ||||||
9 | riverboat gambling casinos are exclusive powers of
the State of | ||||||
10 | Illinois and the Illinois Gaming Board as provided in the | ||||||
11 | Casino Gaming
Riverboat Gambling Act.
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12 | (Source: P.A. 87-1175.)
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13 | Section 20. The Consumer Installment Loan Act is amended by | ||||||
14 | changing Section 12.5 as follows:
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15 | (205 ILCS 670/12.5)
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16 | Sec. 12.5. Limited purpose branch.
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17 | (a) Upon the written approval of the Director, a licensee | ||||||
18 | may maintain a
limited purpose branch for the sole purpose of | ||||||
19 | making loans as permitted by
this Act. A limited purpose branch | ||||||
20 | may include an automatic loan machine. No
other activity shall | ||||||
21 | be conducted at the site, including but not limited to,
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22 | accepting payments, servicing the accounts, or collections.
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23 | (b) The licensee must submit an application for a limited | ||||||
24 | purpose branch to
the Director on forms prescribed by the |
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1 | Director with an application fee of
$300. The approval for the | ||||||
2 | limited purpose branch must be renewed concurrently
with the | ||||||
3 | renewal of the licensee's license along with a renewal fee of | ||||||
4 | $300 for
the limited purpose branch.
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5 | (c) The books, accounts, records, and files of the limited | ||||||
6 | purpose branch's
transactions shall be maintained at the | ||||||
7 | licensee's licensed location. The
licensee shall notify the | ||||||
8 | Director of the licensed location at which the books,
accounts, | ||||||
9 | records, and files shall be maintained.
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10 | (d) The licensee shall prominently display at the limited | ||||||
11 | purpose branch the
address and telephone number of the | ||||||
12 | licensee's licensed location.
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13 | (e) No other business shall be conducted at the site of the | ||||||
14 | limited purpose
branch unless authorized by the Director.
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15 | (f) The Director shall make and enforce reasonable rules | ||||||
16 | for the conduct of
a limited purpose branch.
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17 | (g) A limited purpose branch may not be located
within | ||||||
18 | 1,000 feet of a facility operated by an inter-track wagering | ||||||
19 | licensee or
an organization licensee subject to the Illinois | ||||||
20 | Horse Racing Act of 1975,
on a riverboat subject to
the Casino | ||||||
21 | Gaming Riverboat Gambling Act, or within 1,000 feet of the | ||||||
22 | location at which the
riverboat docks.
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23 | (Source: P.A. 90-437, eff. 1-1-98.)
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24 | Section 25. The Illinois Horse Racing Act of 1975 is | ||||||
25 | amended by changing Sections 54 and 54.75 as follows:
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1 | (230 ILCS 5/54)
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2 | Sec. 54. Horse Racing Equity Fund.
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3 | (a) There is created in the State Treasury a Fund to be | ||||||
4 | known as the Horse
Racing
Equity Fund. The Fund shall consist | ||||||
5 | of moneys paid into it pursuant to
subsection (c-5) of Section | ||||||
6 | 13 of the Casino Gaming Riverboat Gambling Act. The Fund shall
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7 | be administered
by the Racing Board.
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8 | (b) The moneys deposited into the Fund shall be distributed | ||||||
9 | by the State
Treasurer
within 10 days after those moneys are | ||||||
10 | deposited into the Fund as follows:
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11 | (1) Fifty percent of all moneys distributed under this | ||||||
12 | subsection shall be
distributed to organization licensees | ||||||
13 | to be distributed at their race
meetings as purses. | ||||||
14 | Fifty-seven percent of the amount distributed under this
| ||||||
15 | paragraph (1) shall be distributed for thoroughbred race | ||||||
16 | meetings and
43% shall be distributed for standardbred race | ||||||
17 | meetings. Within each
breed, moneys shall be allocated to | ||||||
18 | each organization licensee's purse
fund in accordance with | ||||||
19 | the ratio between the purses generated for that
breed by | ||||||
20 | that licensee during the prior calendar year and the total | ||||||
21 | purses
generated throughout the State for that breed during | ||||||
22 | the prior calendar
year.
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23 | (2) The remaining 50% of the moneys distributed under | ||||||
24 | this
subsection (b) shall be distributed pro rata
according | ||||||
25 | to the aggregate
proportion of state-wide handle at the |
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1 | racetrack, inter-track, and inter-track
wagering locations | ||||||
2 | that derive their licenses from a racetrack identified in
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3 | this paragraph (2) for calendar years 1994, 1996, and 1997
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4 | to (i) any person (or its
successors or assigns) who had
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5 | operating control of a racing facility at which live racing | ||||||
6 | was conducted in
calendar year 1997 and who has operating | ||||||
7 | control of an organization licensee
that conducted racing | ||||||
8 | in calendar year 1997 and is a licensee in the current
| ||||||
9 | year, or (ii) any person
(or its successors or assigns)
who | ||||||
10 | has operating control of a racing facility located in a
| ||||||
11 | county that is bounded by the Mississippi River that has a | ||||||
12 | population of less
than 150,000 according to the 1990 | ||||||
13 | decennial census and conducted an average of
60 days of | ||||||
14 | racing per year between 1985 and 1993 and has been awarded | ||||||
15 | an
inter-track wagering license in the current year.
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16 | If any person identified in this paragraph (2) becomes
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17 | ineligible to receive moneys from the Fund, such amount | ||||||
18 | shall be redistributed
among the remaining persons in | ||||||
19 | proportion to their percentages otherwise
calculated.
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20 | (Source: P.A. 91-40, eff. 6-25-99.)
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21 | (230 ILCS 5/54.75)
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22 | Sec. 54.75. Horse Racing Equity Trust Fund. | ||||||
23 | (a) There is created a Fund to be known as the Horse
Racing
| ||||||
24 | Equity Trust Fund, which is a non-appropriated trust fund held | ||||||
25 | separate and apart from State moneys. The Fund shall consist of |
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1 | moneys paid into it by owners licensees under
the Casino Gaming | ||||||
2 | Riverboat Gambling Act for the purposes described in this | ||||||
3 | Section. The Fund shall
be administered
by the Board. Moneys in | ||||||
4 | the Fund shall be distributed as directed and certified by the | ||||||
5 | Board in accordance with the provisions of subsection (b). | ||||||
6 | (b) The moneys deposited into the Fund, plus any accrued | ||||||
7 | interest on those moneys, shall be distributed
within 10 days | ||||||
8 | after those moneys are deposited into the Fund as follows: | ||||||
9 | (1) Sixty percent of all moneys distributed under this | ||||||
10 | subsection shall be
distributed to organization licensees | ||||||
11 | to be distributed at their race
meetings as purses. | ||||||
12 | Fifty-seven percent of the amount distributed under this
| ||||||
13 | paragraph (1) shall be distributed for thoroughbred race | ||||||
14 | meetings and
43% shall be distributed for standardbred race | ||||||
15 | meetings. Within each
breed, moneys shall be allocated to | ||||||
16 | each organization licensee's purse
fund in accordance with | ||||||
17 | the ratio between the purses generated for that
breed by | ||||||
18 | that licensee during the prior calendar year and the total | ||||||
19 | purses
generated throughout the State for that breed during | ||||||
20 | the prior calendar
year by licensees in the current | ||||||
21 | calendar year. | ||||||
22 | (2) The remaining 40% of the moneys distributed under | ||||||
23 | this
subsection (b) shall be distributed as follows: | ||||||
24 | (A) 11% shall be distributed to any person (or its | ||||||
25 | successors or assigns) who had operating control of a | ||||||
26 | racetrack that conducted live racing in 2002 at a |
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1 | racetrack in a
county with at least 230,000 inhabitants | ||||||
2 | that borders the Mississippi River and is a licensee in | ||||||
3 | the current year; and | ||||||
4 | (B) the remaining 89% shall be distributed pro rata
| ||||||
5 | according to the aggregate
proportion of total handle | ||||||
6 | from wagering on live races conducted in Illinois | ||||||
7 | (irrespective of where the wagers are placed) for | ||||||
8 | calendar years 2004 and 2005
to any person (or its
| ||||||
9 | successors or assigns) who (i) had
majority operating | ||||||
10 | control of a racing facility at which live racing was | ||||||
11 | conducted in
calendar year 2002, (ii) is a licensee in | ||||||
12 | the current
year, and (iii) is not eligible to receive | ||||||
13 | moneys under subparagraph (A) of this paragraph (2). | ||||||
14 | The moneys received by an organization licensee | ||||||
15 | under this paragraph (2) shall be used by each | ||||||
16 | organization licensee to improve, maintain, market, | ||||||
17 | and otherwise operate its racing facilities to conduct | ||||||
18 | live racing, which shall include backstretch services | ||||||
19 | and capital improvements related to live racing and the | ||||||
20 | backstretch. Any organization licensees sharing common | ||||||
21 | ownership may pool the moneys received and spent at all | ||||||
22 | racing facilities commonly owned in order to meet these | ||||||
23 | requirements. | ||||||
24 | If any person identified in this paragraph (2) becomes
| ||||||
25 | ineligible to receive moneys from the Fund, such amount | ||||||
26 | shall be redistributed
among the remaining persons in |
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| |||||||
1 | proportion to their percentages otherwise
calculated. | ||||||
2 | (c) The Board shall monitor organization licensees to | ||||||
3 | ensure that moneys paid to organization licensees under this | ||||||
4 | Section are distributed by the organization licensees as | ||||||
5 | provided in subsection (b).
| ||||||
6 | (Source: P.A. 95-1008, eff. 12-15-08.)
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7 | Section 30. The Riverboat Gambling Act is amended by | ||||||
8 | changing Sections 1, 7, and 24 as follows:
| ||||||
9 | (230 ILCS 10/1) (from Ch. 120, par. 2401)
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10 | Sec. 1. Short title. This Act shall be known and may be | ||||||
11 | cited as the
Casino Gaming Riverboat Gambling Act.
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12 | (Source: P.A. 86-1029.)
| ||||||
13 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
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14 | Sec. 7. Owners Licenses.
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15 | (a) The Board shall issue owners licenses to persons, firms | ||||||
16 | or
corporations which apply for such licenses upon payment to | ||||||
17 | the Board of the
non-refundable license fee set by the Board, | ||||||
18 | upon payment of a $25,000
license fee for the first year of | ||||||
19 | operation and a $5,000 license fee for
each succeeding year and | ||||||
20 | upon a determination by the Board that the
applicant is | ||||||
21 | eligible for an owners license pursuant to this Act and the
| ||||||
22 | rules of the Board. From the effective date of this amendatory | ||||||
23 | Act of the 95th General Assembly until (i) 3 years after the |
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1 | effective date of this amendatory Act of the 95th General | ||||||
2 | Assembly, (ii) the date any organization licensee begins to | ||||||
3 | operate a slot machine or video game of chance under the | ||||||
4 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
5 | that payments begin under subsection (c-5) of Section 13 of | ||||||
6 | this the Act, or (iv) the wagering tax imposed under Section 13 | ||||||
7 | of this Act is increased by law to reflect a tax rate that is at | ||||||
8 | least as stringent or more stringent than the tax rate | ||||||
9 | contained in subsection (a-3) of Section 13, whichever occurs | ||||||
10 | first, as a condition of licensure and as an alternative source | ||||||
11 | of payment for those funds payable under subsection (c-5) of | ||||||
12 | Section 13 of this the Riverboat Gambling Act, any owners | ||||||
13 | licensee that holds or receives its owners license on or after | ||||||
14 | the effective date of this amendatory Act of the 94th General | ||||||
15 | Assembly, other than an owners licensee operating a riverboat | ||||||
16 | with adjusted gross receipts in calendar year 2004 of less than | ||||||
17 | $200,000,000, must pay into the Horse Racing Equity Trust Fund, | ||||||
18 | in addition to any other payments required under this Act, an | ||||||
19 | amount equal to 3% of the adjusted gross receipts received by | ||||||
20 | the owners licensee. The payments required under this Section | ||||||
21 | shall be made by the owners licensee to the State Treasurer no | ||||||
22 | later than 3:00 o'clock p.m. of the day after the day when the | ||||||
23 | adjusted gross receipts were received by the owners licensee. A | ||||||
24 | person, firm or corporation is ineligible to receive
an owners | ||||||
25 | license if:
| ||||||
26 | (1) the person has been convicted of a felony under the |
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| |||||||
1 | laws of this
State, any other state, or the United States;
| ||||||
2 | (2) the person has been convicted of any violation of | ||||||
3 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
4 | Code of 2012, or substantially similar laws of any other | ||||||
5 | jurisdiction;
| ||||||
6 | (3) the person has submitted an application for a | ||||||
7 | license under this
Act which contains false information;
| ||||||
8 | (4) the person is
a member of the Board;
| ||||||
9 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
10 | officer, director or
managerial employee of the firm or | ||||||
11 | corporation;
| ||||||
12 | (6) the firm or corporation employs a person defined in | ||||||
13 | (1), (2), (3) or
(4) who participates in the management or | ||||||
14 | operation of gambling operations
authorized under this | ||||||
15 | Act;
| ||||||
16 | (7) (blank); or
| ||||||
17 | (8) a license of the person, firm or corporation issued | ||||||
18 | under
this Act, or a license to own or operate gambling | ||||||
19 | facilities
in any other jurisdiction, has been revoked.
| ||||||
20 | The Board is expressly prohibited from making changes to | ||||||
21 | the requirement that licensees make payment into the Horse | ||||||
22 | Racing Equity Trust Fund without the express authority of the | ||||||
23 | Illinois General Assembly and making any other rule to | ||||||
24 | implement or interpret this amendatory Act of the 95th General | ||||||
25 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
26 | the meaning given to that term in Section 1-70 of the Illinois |
| |||||||
| |||||||
1 | Administrative Procedure Act. | ||||||
2 | (b) In determining whether to grant an owners license to an | ||||||
3 | applicant, the
Board shall consider:
| ||||||
4 | (1) the character, reputation, experience and | ||||||
5 | financial integrity of the
applicants and of any other or | ||||||
6 | separate person that either:
| ||||||
7 | (A) controls, directly or indirectly, such | ||||||
8 | applicant, or
| ||||||
9 | (B) is controlled, directly or indirectly, by such | ||||||
10 | applicant or by a
person which controls, directly or | ||||||
11 | indirectly, such applicant;
| ||||||
12 | (2) the facilities or proposed facilities for the | ||||||
13 | conduct of riverboat
gambling;
| ||||||
14 | (3) the highest prospective total revenue to be derived | ||||||
15 | by the State
from the conduct of riverboat gambling;
| ||||||
16 | (4) the extent to which the ownership of the applicant | ||||||
17 | reflects the
diversity of the State by including minority | ||||||
18 | persons, females, and persons with a disability
and the | ||||||
19 | good faith affirmative action plan of
each applicant to | ||||||
20 | recruit, train and upgrade minority persons, females, and | ||||||
21 | persons with a disability in all employment | ||||||
22 | classifications;
| ||||||
23 | (5) the financial ability of the applicant to purchase | ||||||
24 | and maintain
adequate liability and casualty insurance;
| ||||||
25 | (6) whether the applicant has adequate capitalization | ||||||
26 | to provide and
maintain, for the duration of a license, a |
| |||||||
| |||||||
1 | riverboat;
| ||||||
2 | (7) the extent to which the applicant exceeds or meets | ||||||
3 | other standards
for the issuance of an owners license which | ||||||
4 | the Board may adopt by rule;
and
| ||||||
5 | (8) The amount of the applicant's license bid.
| ||||||
6 | (c) Each owners license shall specify the place where | ||||||
7 | riverboats shall
operate and dock.
| ||||||
8 | (d) Each applicant shall submit with his application, on | ||||||
9 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
10 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
11 | holders of such
licenses to own riverboats. In the application | ||||||
12 | for an owners license, the
applicant shall state the dock at | ||||||
13 | which the riverboat is based and the water
on which the | ||||||
14 | riverboat will be located. The Board shall issue 5 licenses to
| ||||||
15 | become effective not earlier than January 1, 1991. Three of | ||||||
16 | such licenses
shall authorize riverboat gambling on the | ||||||
17 | Mississippi River, or, with approval
by the municipality in | ||||||
18 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
19 | approval, be authorized to relocate to a new location,
in a
| ||||||
20 | municipality that (1) borders on the Mississippi River or is | ||||||
21 | within 5
miles of the city limits of a municipality that | ||||||
22 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
23 | had a riverboat conducting riverboat gambling operations | ||||||
24 | pursuant to
a license issued under this Act; one of which shall | ||||||
25 | authorize riverboat
gambling from a home dock in the city of | ||||||
26 | East St. Louis. One other license
shall
authorize riverboat |
| |||||||
| |||||||
1 | gambling on
the Illinois River south of Marshall County. The | ||||||
2 | Board shall issue one
additional license to become effective | ||||||
3 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
4 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
5 | issue 4 additional licenses to become effective not
earlier | ||||||
6 | than
March 1, 1992. In determining the water upon which | ||||||
7 | riverboats will operate,
the Board shall consider the economic | ||||||
8 | benefit which riverboat gambling confers
on the State, and | ||||||
9 | shall seek to assure that all regions of the State share
in the | ||||||
10 | economic benefits of riverboat gambling.
| ||||||
11 | In granting all licenses, the Board may give favorable | ||||||
12 | consideration to
economically depressed areas of the State, to | ||||||
13 | applicants presenting plans
which provide for significant | ||||||
14 | economic development over a large geographic
area, and to | ||||||
15 | applicants who currently operate non-gambling riverboats in
| ||||||
16 | Illinois.
The Board shall review all applications for owners | ||||||
17 | licenses,
and shall inform each applicant of the Board's | ||||||
18 | decision.
The Board may grant an owners license to an
applicant | ||||||
19 | that has not submitted the highest license bid, but if it does | ||||||
20 | not
select the highest bidder, the Board shall issue a written | ||||||
21 | decision explaining
why another
applicant was selected and | ||||||
22 | identifying the factors set forth in this Section
that favored | ||||||
23 | the winning bidder.
| ||||||
24 | In addition to any other revocation powers granted to the | ||||||
25 | Board under this
Act,
the Board may revoke the owners license | ||||||
26 | of a licensee which fails
to begin conducting gambling within |
| |||||||
| |||||||
1 | 15 months
of receipt of the
Board's approval of the application | ||||||
2 | if the Board determines that license
revocation is in the best | ||||||
3 | interests of the State.
| ||||||
4 | (f) The first 10 owners licenses issued under this Act | ||||||
5 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
6 | thereon
for a period of 3 years after the effective date of the | ||||||
7 | license. Holders of
the first 10 owners licenses must pay the | ||||||
8 | annual license fee for each of
the 3
years during which they | ||||||
9 | are authorized to own riverboats.
| ||||||
10 | (g) Upon the termination, expiration, or revocation of each | ||||||
11 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
12 | period, all licenses are
renewable annually upon payment of the | ||||||
13 | fee and a determination by the Board
that the licensee | ||||||
14 | continues to meet all of the requirements of this Act and the
| ||||||
15 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
16 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
17 | Board sets a shorter period.
| ||||||
18 | (h) An owners license shall entitle the licensee to own up | ||||||
19 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
20 | participants to
1,200 for any such owners license.
A licensee | ||||||
21 | may operate both of its riverboats concurrently, provided that | ||||||
22 | the
total number of gambling participants on both riverboats | ||||||
23 | does not exceed
1,200. Riverboats licensed to operate on the
| ||||||
24 | Mississippi River and the Illinois River south of Marshall | ||||||
25 | County shall
have an authorized capacity of at least 500 | ||||||
26 | persons. Any other riverboat
licensed under this Act shall have |
| |||||||
| |||||||
1 | an authorized capacity of at least 400
persons.
| ||||||
2 | (i) A licensed owner is authorized to apply to the Board | ||||||
3 | for and, if
approved therefor, to receive all licenses from the | ||||||
4 | Board necessary for the
operation of a riverboat, including a | ||||||
5 | liquor license, a license
to prepare and serve food for human | ||||||
6 | consumption, and other necessary
licenses. All use, occupation | ||||||
7 | and excise taxes which apply to the sale of
food and beverages | ||||||
8 | in this State and all taxes imposed on the sale or use
of | ||||||
9 | tangible personal property apply to such sales aboard the | ||||||
10 | riverboat.
| ||||||
11 | (j) The Board may issue or re-issue a license authorizing a | ||||||
12 | riverboat to
dock
in a municipality or approve a relocation | ||||||
13 | under Section 11.2 only if, prior
to the issuance or | ||||||
14 | re-issuance of
the license or approval, the governing body of | ||||||
15 | the municipality in which
the riverboat will dock has by a | ||||||
16 | majority vote approved the docking of
riverboats in the | ||||||
17 | municipality. The Board may issue or re-issue a license
| ||||||
18 | authorizing a
riverboat to dock in areas of a county outside | ||||||
19 | any municipality or approve a
relocation under Section 11.2 | ||||||
20 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
21 | approval, the
governing body of the county has by a majority | ||||||
22 | vote approved of the docking of
riverboats within such areas.
| ||||||
23 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
24 | (230 ILCS 10/24)
| ||||||
25 | Sec. 24. Applicability of this Illinois Riverboat Gambling |
| |||||||
| |||||||
1 | Act. The provisions of this the Illinois Riverboat Gambling | ||||||
2 | Act, and all rules promulgated under this Act thereunder , shall | ||||||
3 | apply to the Video Gaming Act, except where there is a conflict | ||||||
4 | between the 2 Acts.
| ||||||
5 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
6 | Section 35. The Video Gaming
Act is amended by changing | ||||||
7 | Sections 5, 25, 45, 79, and 80 as follows:
| ||||||
8 | (230 ILCS 40/5)
| ||||||
9 | Sec. 5. Definitions. As used in this Act:
| ||||||
10 | "Board" means the Illinois Gaming Board.
| ||||||
11 | "Credit" means one, 5, 10, or 25 cents either won or | ||||||
12 | purchased by a player.
| ||||||
13 | "Distributor" means an individual, partnership, | ||||||
14 | corporation, or limited liability company licensed under
this | ||||||
15 | Act to buy, sell, lease, or distribute video gaming terminals | ||||||
16 | or major
components or parts of video gaming terminals to or | ||||||
17 | from terminal
operators.
| ||||||
18 | "Terminal operator" means an individual, partnership, | ||||||
19 | corporation, or limited liability company that is
licensed | ||||||
20 | under this Act and that owns, services, and maintains video
| ||||||
21 | gaming terminals for placement in licensed establishments, | ||||||
22 | licensed truck stop establishments, licensed fraternal
| ||||||
23 | establishments, or licensed veterans establishments.
| ||||||
24 | "Licensed technician" means an individual
who
is licensed |
| |||||||
| |||||||
1 | under this Act to repair,
service, and maintain
video gaming | ||||||
2 | terminals.
| ||||||
3 | "Licensed terminal handler" means a person, including but | ||||||
4 | not limited to an employee or independent contractor working | ||||||
5 | for a manufacturer, distributor, supplier, technician, or | ||||||
6 | terminal operator, who is licensed under this Act to possess or | ||||||
7 | control a video gaming terminal or to have access to the inner | ||||||
8 | workings of a video gaming terminal. A licensed terminal | ||||||
9 | handler does not include an individual, partnership, | ||||||
10 | corporation, or limited liability company defined as a | ||||||
11 | manufacturer, distributor, supplier, technician, or terminal | ||||||
12 | operator under this Act. | ||||||
13 | "Manufacturer" means an individual, partnership, | ||||||
14 | corporation, or limited liability company that is
licensed | ||||||
15 | under this Act and that manufactures or assembles video gaming
| ||||||
16 | terminals.
| ||||||
17 | "Supplier" means an individual, partnership, corporation, | ||||||
18 | or limited liability company that is
licensed under this Act to | ||||||
19 | supply major components or parts to video gaming
terminals to | ||||||
20 | licensed
terminal operators.
| ||||||
21 | "Net terminal income" means money put into a video gaming | ||||||
22 | terminal minus
credits paid out to players.
| ||||||
23 | "Video gaming terminal" means any electronic video game | ||||||
24 | machine
that, upon insertion of cash, is available to play or | ||||||
25 | simulate the play of
a video game, including but not limited to | ||||||
26 | video poker, line up, and blackjack, as
authorized by the Board |
| |||||||
| |||||||
1 | utilizing a video display and microprocessors in
which the | ||||||
2 | player may receive free games or credits that can be
redeemed | ||||||
3 | for cash. The term does not include a machine that directly
| ||||||
4 | dispenses coins, cash, or tokens or is for amusement purposes | ||||||
5 | only.
| ||||||
6 | "Licensed establishment" means any licensed retail | ||||||
7 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
8 | or otherwise served for consumption
on the premises and | ||||||
9 | includes any such establishment that has a contractual | ||||||
10 | relationship with an inter-track wagering location licensee | ||||||
11 | licensed under the Illinois Horse Racing Act of 1975, provided | ||||||
12 | any contractual relationship shall not include any transfer or | ||||||
13 | offer of revenue from the operation of video gaming under this | ||||||
14 | Act to any licensee licensed under the Illinois Horse Racing | ||||||
15 | Act of 1975. Provided, however, that the licensed establishment | ||||||
16 | that has such a contractual relationship with an inter-track | ||||||
17 | wagering location licensee may not, itself, be (i) an | ||||||
18 | inter-track wagering location licensee, (ii) the corporate | ||||||
19 | parent or subsidiary of any licensee licensed under the | ||||||
20 | Illinois Horse Racing Act of 1975, or (iii) the corporate | ||||||
21 | subsidiary of a corporation that is also the corporate parent | ||||||
22 | or subsidiary of any licensee licensed under the Illinois Horse | ||||||
23 | Racing Act of 1975. "Licensed establishment" does not include a | ||||||
24 | facility operated by an organization licensee, an inter-track | ||||||
25 | wagering licensee, or an inter-track wagering location | ||||||
26 | licensee licensed under the Illinois Horse Racing Act of 1975 |
| |||||||
| |||||||
1 | or a riverboat licensed under the Casino Gaming Riverboat | ||||||
2 | Gambling Act, except as provided in this paragraph.
| ||||||
3 | "Licensed fraternal establishment" means the location | ||||||
4 | where a qualified
fraternal organization that derives its | ||||||
5 | charter from a national fraternal
organization regularly | ||||||
6 | meets.
| ||||||
7 | "Licensed veterans establishment" means the location where | ||||||
8 | a qualified
veterans organization that derives its charter from | ||||||
9 | a national veterans
organization regularly meets.
| ||||||
10 | "Licensed truck stop establishment" means a facility (i) | ||||||
11 | that is at least a
3-acre facility with a convenience store, | ||||||
12 | (ii) with separate diesel
islands for fueling commercial motor | ||||||
13 | vehicles, (iii) that sells at retail more than 10,000 gallons | ||||||
14 | of diesel or biodiesel fuel per month, and (iv) with parking | ||||||
15 | spaces for commercial
motor vehicles. "Commercial motor | ||||||
16 | vehicles" has the same meaning as defined in Section 18b-101 of | ||||||
17 | the Illinois Vehicle Code. The requirement of item (iii) of | ||||||
18 | this paragraph may be met by showing that estimated future | ||||||
19 | sales or past sales average at least 10,000 gallons per month.
| ||||||
20 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
21 | 96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; 97-333, eff. | ||||||
22 | 8-12-11.)
| ||||||
23 | (230 ILCS 40/25)
| ||||||
24 | Sec. 25. Restriction of licensees.
| ||||||
25 | (a) Manufacturer. A person may not be licensed as a |
| |||||||
| |||||||
1 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
2 | person has a valid
manufacturer's license issued
under this | ||||||
3 | Act. A manufacturer may only sell video gaming terminals for | ||||||
4 | use
in Illinois to
persons having a valid distributor's | ||||||
5 | license.
| ||||||
6 | (b) Distributor. A person may not sell, distribute, or | ||||||
7 | lease
or market a video gaming terminal in Illinois unless the | ||||||
8 | person has a valid
distributor's
license issued under this Act. | ||||||
9 | A distributor may only sell video gaming
terminals for use in
| ||||||
10 | Illinois to persons having a valid distributor's or terminal | ||||||
11 | operator's
license.
| ||||||
12 | (c) Terminal operator. A person may not own, maintain, or | ||||||
13 | place a video gaming terminal unless he has a valid terminal | ||||||
14 | operator's
license issued
under this Act. A terminal operator | ||||||
15 | may only place video gaming terminals for
use in
Illinois in | ||||||
16 | licensed establishments, licensed truck stop establishments, | ||||||
17 | licensed fraternal establishments,
and
licensed veterans | ||||||
18 | establishments.
No terminal operator may give anything of | ||||||
19 | value, including but not limited to
a loan or financing | ||||||
20 | arrangement, to a licensed establishment, licensed truck stop | ||||||
21 | establishment,
licensed fraternal establishment, or licensed | ||||||
22 | veterans establishment as
any incentive or inducement to locate | ||||||
23 | video terminals in that establishment.
Of the after-tax profits
| ||||||
24 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
25 | operator and 50% shall be paid to the licensed establishment, | ||||||
26 | licensed truck stop establishment,
licensed fraternal |
| |||||||
| |||||||
1 | establishment, or
licensed veterans establishment, | ||||||
2 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
3 | operator that violates one or more requirements of this | ||||||
4 | subsection is guilty of a Class 4 felony and is subject to | ||||||
5 | termination of his or her license by the Board.
| ||||||
6 | (d) Licensed technician. A person may not service, | ||||||
7 | maintain, or repair a
video gaming terminal
in this State | ||||||
8 | unless he or she (1) has a valid technician's license issued
| ||||||
9 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
10 | by a terminal
operator, distributor, or manufacturer.
| ||||||
11 | (d-5) Licensed terminal handler. No person, including, but | ||||||
12 | not limited to, an employee or independent contractor working | ||||||
13 | for a manufacturer, distributor, supplier, technician, or | ||||||
14 | terminal operator licensed pursuant to this Act, shall have | ||||||
15 | possession or control of a video gaming terminal, or access to | ||||||
16 | the inner workings of a video gaming terminal, unless that | ||||||
17 | person possesses a valid terminal handler's license issued | ||||||
18 | under this Act. | ||||||
19 | (e) Licensed establishment. No video gaming terminal may be | ||||||
20 | placed in any licensed establishment, licensed veterans | ||||||
21 | establishment, licensed truck stop establishment,
or licensed | ||||||
22 | fraternal establishment
unless the owner
or agent of the owner | ||||||
23 | of the licensed establishment, licensed veterans | ||||||
24 | establishment, licensed truck stop establishment, or licensed
| ||||||
25 | fraternal establishment has entered into a
written use | ||||||
26 | agreement with the terminal operator for placement of the
|
| |||||||
| |||||||
1 | terminals. A copy of the use agreement shall be on file in the | ||||||
2 | terminal
operator's place of business and available for | ||||||
3 | inspection by individuals
authorized by the Board. A licensed | ||||||
4 | establishment, licensed truck stop establishment, licensed | ||||||
5 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
6 | may operate up to 5 video gaming terminals on its premises at | ||||||
7 | any
time.
| ||||||
8 | (f) (Blank).
| ||||||
9 | (g) Financial interest restrictions.
As used in this Act, | ||||||
10 | "substantial interest" in a partnership, a corporation, an
| ||||||
11 | organization, an association, a business, or a limited | ||||||
12 | liability company means:
| ||||||
13 | (A) When, with respect to a sole proprietorship, an | ||||||
14 | individual or
his or her spouse owns, operates, manages, or | ||||||
15 | conducts, directly
or indirectly, the organization, | ||||||
16 | association, or business, or any part thereof;
or
| ||||||
17 | (B) When, with respect to a partnership, the individual | ||||||
18 | or his or
her spouse shares in any of the profits, or | ||||||
19 | potential profits,
of the partnership activities; or
| ||||||
20 | (C) When, with respect to a corporation, an individual | ||||||
21 | or his or her
spouse is an officer or director, or the | ||||||
22 | individual or his or her spouse is a holder, directly or | ||||||
23 | beneficially, of 5% or more of any class
of stock of the | ||||||
24 | corporation; or
| ||||||
25 | (D) When, with respect to an organization not covered | ||||||
26 | in (A), (B) or
(C) above, an individual or his or her |
| |||||||
| |||||||
1 | spouse is an officer or manages the
business affairs, or | ||||||
2 | the individual or his or her spouse is the
owner of or | ||||||
3 | otherwise controls 10% or more of the assets of the | ||||||
4 | organization;
or
| ||||||
5 | (E) When an individual or his or her spouse furnishes
| ||||||
6 | 5% or more of the capital, whether in cash, goods, or | ||||||
7 | services, for the
operation of any business, association, | ||||||
8 | or organization during any calendar
year; or | ||||||
9 | (F) When, with respect to a limited liability company, | ||||||
10 | an individual or his or her
spouse is a member, or the | ||||||
11 | individual or his or her spouse is a holder, directly or | ||||||
12 | beneficially, of 5% or more of the membership interest of | ||||||
13 | the limited liability company.
| ||||||
14 | For purposes of this subsection (g), "individual" includes | ||||||
15 | all individuals or their spouses whose combined interest would | ||||||
16 | qualify as a substantial interest under this subsection (g) and | ||||||
17 | whose activities with respect to an organization, association, | ||||||
18 | or business are so closely aligned or coordinated as to | ||||||
19 | constitute the activities of a single entity. | ||||||
20 | (h) Location restriction. A licensed establishment, | ||||||
21 | licensed truck stop establishment, licensed
fraternal
| ||||||
22 | establishment, or licensed veterans establishment that is (i) | ||||||
23 | located within 1,000
feet of a facility operated by an | ||||||
24 | organization licensee or an inter-track wagering licensee | ||||||
25 | licensed under the Illinois Horse Racing Act of 1975 or the | ||||||
26 | home dock of a riverboat licensed under the Casino Gaming |
| |||||||
| |||||||
1 | Riverboat
Gambling Act or (ii) located within 100 feet of a | ||||||
2 | school or a place of worship under the Religious Corporation | ||||||
3 | Act, is ineligible to operate a video gaming terminal. The | ||||||
4 | location restrictions in this subsection (h) do not apply if a | ||||||
5 | facility operated by an organization licensee, an inter-track | ||||||
6 | wagering licensee, or an inter-track wagering location | ||||||
7 | licensee, a school, or a place of worship moves to or is | ||||||
8 | established within the restricted area after a licensed | ||||||
9 | establishment, licensed truck stop establishment, licensed | ||||||
10 | fraternal establishment, or licensed veterans establishment | ||||||
11 | becomes licensed under this Act. For the purpose of this | ||||||
12 | subsection, "school" means an elementary or secondary public | ||||||
13 | school, or an elementary or secondary private school registered | ||||||
14 | with or recognized by the State Board of Education. | ||||||
15 | Notwithstanding the provisions of this subsection (h), the | ||||||
16 | Board may waive the requirement that a licensed establishment, | ||||||
17 | licensed truck stop establishment, licensed fraternal | ||||||
18 | establishment, or licensed veterans establishment not be | ||||||
19 | located within 1,000 feet from a facility operated by an | ||||||
20 | organization licensee, an inter-track wagering licensee, or an | ||||||
21 | inter-track wagering location licensee licensed under the | ||||||
22 | Illinois Horse Racing Act of 1975 or the home dock of a | ||||||
23 | riverboat licensed under the Casino Gaming Riverboat Gambling | ||||||
24 | Act. The Board shall not grant such waiver if there is any | ||||||
25 | common ownership or control, shared business activity, or | ||||||
26 | contractual arrangement of any type between the establishment |
| |||||||
| |||||||
1 | and the organization licensee, inter-track wagering licensee, | ||||||
2 | inter-track wagering location licensee, or owners licensee of a | ||||||
3 | riverboat. The Board shall adopt rules to implement the | ||||||
4 | provisions of this paragraph. | ||||||
5 | (i) Undue economic concentration. In addition to | ||||||
6 | considering all other requirements under this Act, in deciding | ||||||
7 | whether to approve the operation of video gaming terminals by a | ||||||
8 | terminal operator in a location, the Board shall consider the | ||||||
9 | impact of any economic concentration of such operation of video | ||||||
10 | gaming terminals. The Board shall not allow a terminal operator | ||||||
11 | to operate video gaming terminals if the Board determines such | ||||||
12 | operation will result in undue economic concentration. For | ||||||
13 | purposes of this Section, "undue economic concentration" means | ||||||
14 | that a terminal operator would have such actual or potential | ||||||
15 | influence over video gaming terminals in Illinois as to: | ||||||
16 | (1) substantially impede or suppress competition among | ||||||
17 | terminal operators; | ||||||
18 | (2) adversely impact the economic stability of the | ||||||
19 | video gaming industry in Illinois; or | ||||||
20 | (3) negatively impact the purposes of the Video Gaming | ||||||
21 | Act. | ||||||
22 | The Board shall adopt rules concerning undue economic | ||||||
23 | concentration with respect to the operation of video gaming | ||||||
24 | terminals in Illinois. The rules shall include, but not be | ||||||
25 | limited to, (i) limitations on the number of video gaming | ||||||
26 | terminals operated by any terminal operator within a defined |
| |||||||
| |||||||
1 | geographic radius and (ii) guidelines on the discontinuation of | ||||||
2 | operation of any such video gaming terminals the Board | ||||||
3 | determines will cause undue economic concentration.
| ||||||
4 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
5 | and equally applicable to the activities of any licensee under | ||||||
6 | this Act.
| ||||||
7 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||||||
8 | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; | ||||||
9 | 96-1479, eff. 8-23-10; 97-333, eff. 8-12-11.)
| ||||||
10 | (230 ILCS 40/45)
| ||||||
11 | Sec. 45. Issuance of license.
| ||||||
12 | (a) The burden is upon each applicant to
demonstrate his | ||||||
13 | suitability for licensure. Each video gaming terminal
| ||||||
14 | manufacturer, distributor, supplier, operator, handler, | ||||||
15 | licensed establishment, licensed truck stop establishment, | ||||||
16 | licensed
fraternal
establishment, and licensed veterans | ||||||
17 | establishment shall be
licensed by the Board.
The Board may | ||||||
18 | issue or deny a license under this Act to any person pursuant | ||||||
19 | to the same criteria set forth in Section 9 of the Casino | ||||||
20 | Gaming Riverboat Gambling Act.
| ||||||
21 | (a-5) The Board shall not grant a license to a person who | ||||||
22 | has facilitated, enabled, or participated in the use of | ||||||
23 | coin-operated devices for gambling purposes or who is under the | ||||||
24 | significant influence or control of such a person. For the | ||||||
25 | purposes of this Act, "facilitated, enabled, or participated in |
| |||||||
| |||||||
1 | the use of coin-operated amusement devices for gambling | ||||||
2 | purposes" means that the person has been convicted of any | ||||||
3 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012. If there is pending legal action against | ||||||
5 | a person for any such violation, then the Board shall delay the | ||||||
6 | licensure of that person until the legal action is resolved. | ||||||
7 | (b) Each person seeking and possessing a license as a video | ||||||
8 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
9 | handler, licensed establishment, licensed truck stop | ||||||
10 | establishment, licensed fraternal establishment, or licensed | ||||||
11 | veterans establishment shall submit to a background | ||||||
12 | investigation conducted by the Board with the assistance of the | ||||||
13 | State Police or other law enforcement. The background | ||||||
14 | investigation shall include each beneficiary of a trust, each | ||||||
15 | partner of a partnership, and each director and officer and all | ||||||
16 | stockholders of 5% or more in a parent or subsidiary | ||||||
17 | corporation of a video gaming terminal manufacturer, | ||||||
18 | distributor, supplier, operator, or licensed establishment, | ||||||
19 | licensed truck stop establishment, licensed fraternal | ||||||
20 | establishment, or licensed veterans establishment. | ||||||
21 | (c) Each person seeking and possessing a license as a video | ||||||
22 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
23 | handler, licensed establishment, licensed truck stop | ||||||
24 | establishment, licensed fraternal establishment, or licensed | ||||||
25 | veterans establishment shall disclose the identity of every | ||||||
26 | person, association, trust, corporation, or limited liability |
| |||||||
| |||||||
1 | company having a greater than 1% direct or indirect pecuniary | ||||||
2 | interest in the video gaming terminal operation for which the | ||||||
3 | license is sought. If the disclosed entity is a trust, the | ||||||
4 | application shall disclose the names and addresses of the | ||||||
5 | beneficiaries; if a corporation, the names and addresses of all | ||||||
6 | stockholders and directors; if a limited liability company, the | ||||||
7 | names and addresses of all members; or if a partnership, the | ||||||
8 | names and addresses of all partners, both general and limited. | ||||||
9 | (d) No person may be licensed as a video gaming terminal | ||||||
10 | manufacturer, distributor, supplier, operator, handler, | ||||||
11 | licensed establishment, licensed truck stop establishment, | ||||||
12 | licensed fraternal establishment, or licensed veterans | ||||||
13 | establishment if that person has been found by the Board to: | ||||||
14 | (1) have a background, including a criminal record, | ||||||
15 | reputation, habits, social or business associations, or | ||||||
16 | prior activities that pose a threat to the public interests | ||||||
17 | of the State or to the security and integrity of video | ||||||
18 | gaming; | ||||||
19 | (2) create or enhance the dangers of unsuitable, | ||||||
20 | unfair, or illegal practices, methods, and activities in | ||||||
21 | the conduct of video gaming; or | ||||||
22 | (3) present questionable business practices and | ||||||
23 | financial arrangements incidental to the conduct of video | ||||||
24 | gaming activities. | ||||||
25 | (e) Any applicant for any license under this Act has the | ||||||
26 | burden of proving his or her qualifications to the satisfaction |
| |||||||
| |||||||
1 | of the Board. The Board may adopt rules to establish additional | ||||||
2 | qualifications and requirements to preserve the integrity and | ||||||
3 | security of video gaming in this State. | ||||||
4 | (f) A non-refundable application fee shall be paid at the | ||||||
5 | time an
application for a license is filed with the Board in | ||||||
6 | the following amounts:
| ||||||
7 | (1) Manufacturer ..........................$5,000
| ||||||
8 | (2) Distributor ...........................$5,000
| ||||||
9 | (3) Terminal operator .....................$5,000
| ||||||
10 | (4) Supplier ..............................$2,500
| ||||||
11 | (5) Technician ..............................$100
| ||||||
12 | (6) Terminal Handler ..............................$50 | ||||||
13 | (g) The Board shall establish an
annual fee for each | ||||||
14 | license not to exceed the following: | ||||||
15 | (1) Manufacturer .........................$10,000
| ||||||
16 | (2) Distributor ..........................$10,000
| ||||||
17 | (3) Terminal operator .....................$5,000
| ||||||
18 | (4) Supplier ..............................$2,000
| ||||||
19 | (5) Technician ..............................$100
| ||||||
20 | (6) Licensed establishment, licensed truck stop
| ||||||
21 | establishment, licensed fraternal establishment,
| ||||||
22 | or licensed veterans establishment ..............$100
| ||||||
23 | (7) Video gaming terminal ...................$100
| ||||||
24 | (8) Terminal Handler ..............................$50
| ||||||
25 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||||||
26 | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10; |
| |||||||
| |||||||
1 | 97-1150, eff. 1-25-13.)
| ||||||
2 | (230 ILCS 40/79) | ||||||
3 | Sec. 79. Investigators. Investigators appointed by the | ||||||
4 | Board pursuant to the powers conferred upon the Board by | ||||||
5 | paragraph (20.6) of subsection (c) of Section 5 of the Casino | ||||||
6 | Gaming Riverboat Gambling Act and Section 80 of this Act shall | ||||||
7 | have authority to conduct investigations, searches, seizures, | ||||||
8 | arrests, and other duties imposed under this Act and the Casino | ||||||
9 | Gaming Riverboat Gambling Act, as deemed necessary by the | ||||||
10 | Board. These investigators have and may exercise all of the | ||||||
11 | rights and powers of peace officers, provided that these powers | ||||||
12 | shall be (1) limited to offenses or violations occurring or | ||||||
13 | committed in connection with conduct subject to this Act, | ||||||
14 | including, but not limited to, the manufacture, distribution, | ||||||
15 | supply, operation, placement, service, maintenance, or play of | ||||||
16 | video gaming terminals and the distribution of profits and | ||||||
17 | collection of revenues resulting from such play, and (2) | ||||||
18 | exercised, to the fullest extent practicable, in cooperation | ||||||
19 | with the local police department of the applicable municipality | ||||||
20 | or, if these powers are exercised outside the boundaries of an | ||||||
21 | incorporated municipality or within a municipality that does | ||||||
22 | not have its own police department, in cooperation with the | ||||||
23 | police department whose jurisdiction encompasses the | ||||||
24 | applicable locality.
| ||||||
25 | (Source: P.A. 97-809, eff. 7-13-12.)
|
| |||||||
| |||||||
1 | (230 ILCS 40/80)
| ||||||
2 | Sec. 80. Applicability of the Casino Gaming Illinois | ||||||
3 | Riverboat Gambling Act. The provisions of the Casino Gaming | ||||||
4 | Illinois Riverboat Gambling Act, and all rules promulgated | ||||||
5 | thereunder, shall apply to the Video Gaming Act, except where | ||||||
6 | there is a conflict between the 2 Acts. All provisions of the | ||||||
7 | Uniform Penalty and Interest Act shall apply, as far as | ||||||
8 | practicable, to the subject matter of this Act to the same | ||||||
9 | extent as if such provisions were included herein.
| ||||||
10 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
11 | Section 40. The Liquor Control Act of 1934 is amended by | ||||||
12 | changing Sections 5-1 and 6-30 as follows:
| ||||||
13 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
14 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
15 | Commission
shall be of the following classes: | ||||||
16 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
17 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
18 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
19 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
20 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
21 | 10. Craft Brewer, | ||||||
22 | (b) Distributor's license, | ||||||
23 | (c) Importing Distributor's license, |
| |||||||
| |||||||
1 | (d) Retailer's license, | ||||||
2 | (e) Special Event Retailer's license (not-for-profit), | ||||||
3 | (f) Railroad license, | ||||||
4 | (g) Boat license, | ||||||
5 | (h) Non-Beverage User's license, | ||||||
6 | (i) Wine-maker's premises license, | ||||||
7 | (j) Airplane license, | ||||||
8 | (k) Foreign importer's license, | ||||||
9 | (l) Broker's license, | ||||||
10 | (m) Non-resident dealer's
license, | ||||||
11 | (n) Brew Pub license, | ||||||
12 | (o) Auction liquor license, | ||||||
13 | (p) Caterer retailer license, | ||||||
14 | (q) Special use permit license, | ||||||
15 | (r) Winery shipper's license.
| ||||||
16 | No
person, firm, partnership, corporation, or other legal | ||||||
17 | business entity that is
engaged in the manufacturing of wine | ||||||
18 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
19 | wine manufacturer's license. | ||||||
20 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
21 | importation in bulk, storage, distribution and sale of | ||||||
22 | alcoholic liquor
to persons without the State, as may be | ||||||
23 | permitted by law and to licensees
in this State as follows: | ||||||
24 | Class 1. A Distiller may make sales and deliveries of | ||||||
25 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
26 | distributors, distributors and
non-beverage users and to no |
| |||||||
| |||||||
1 | other licensees. | ||||||
2 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
3 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
4 | rectifiers, importing distributors,
distributors, retailers | ||||||
5 | and non-beverage users and to no other licensees. | ||||||
6 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
7 | importing
distributors and distributors and may make sales as | ||||||
8 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
9 | Class 4. A first class wine-manufacturer may make sales and | ||||||
10 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
11 | importing
distributors and distributors, and to no other | ||||||
12 | licensees. | ||||||
13 | Class 5. A second class Wine manufacturer may make sales | ||||||
14 | and deliveries
of more than 50,000 gallons of wine to | ||||||
15 | manufacturers, importing distributors
and distributors and to | ||||||
16 | no other licensees. | ||||||
17 | Class 6. A first-class wine-maker's license shall allow the | ||||||
18 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
19 | storage
and sale of such
wine to distributors in the State and | ||||||
20 | to persons without the
State, as may be permitted by law. A | ||||||
21 | person who, prior to the effective date of this amendatory Act | ||||||
22 | of the 95th General Assembly, is a holder of a first-class | ||||||
23 | wine-maker's license and annually produces more than 25,000 | ||||||
24 | gallons of its own wine and who distributes its wine to | ||||||
25 | licensed retailers shall cease this practice on or before July | ||||||
26 | 1, 2008 in compliance with this amendatory Act of the 95th |
| |||||||
| |||||||
1 | General Assembly. | ||||||
2 | Class 7. A second-class wine-maker's license shall allow | ||||||
3 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
4 | per year, and
the
storage and sale of such wine
to distributors | ||||||
5 | in this State and to persons without the State, as may be
| ||||||
6 | permitted by law. A person who, prior to the effective date of | ||||||
7 | this amendatory Act of the 95th General Assembly, is a holder | ||||||
8 | of a second-class wine-maker's license and annually produces | ||||||
9 | more than 25,000 gallons of its own wine and who distributes | ||||||
10 | its wine to licensed retailers shall cease this practice on or | ||||||
11 | before July 1, 2008 in compliance with this amendatory Act of | ||||||
12 | the 95th General Assembly. | ||||||
13 | Class 8. A limited wine-manufacturer may make sales and | ||||||
14 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
15 | distributors, and to
non-licensees in accordance with the | ||||||
16 | provisions of this Act. | ||||||
17 | Class 9. A craft distiller license shall allow the | ||||||
18 | manufacture of up to 15,000 gallons of spirits by distillation | ||||||
19 | per year and the storage of such spirits. If a craft distiller | ||||||
20 | licensee is not affiliated with any other manufacturer, then | ||||||
21 | the craft distiller licensee may sell such spirits to | ||||||
22 | distributors in this State and non-licensees to the extent | ||||||
23 | permitted by any exemption approved by the Commission pursuant | ||||||
24 | to Section 6-4 of this Act. | ||||||
25 | Any craft distiller licensed under this Act who on the | ||||||
26 | effective date of this amendatory Act of the 96th General |
| |||||||
| |||||||
1 | Assembly was licensed as a distiller and manufactured no more | ||||||
2 | spirits than permitted by this Section shall not be required to | ||||||
3 | pay the initial licensing fee. | ||||||
4 | Class 10. A craft brewer's license, which may only be | ||||||
5 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
6 | shall allow the manufacture of up to 465,000 gallons of beer | ||||||
7 | per year. A craft brewer licensee may make sales and deliveries | ||||||
8 | to importing distributors and distributors and to retail | ||||||
9 | licensees in accordance with the conditions set forth in | ||||||
10 | paragraph (18) of subsection (a) of Section 3-12 of this Act. | ||||||
11 | (a-1) A manufacturer which is licensed in this State to | ||||||
12 | make sales or
deliveries of alcoholic liquor and which enlists | ||||||
13 | agents, representatives, or
individuals acting on its behalf | ||||||
14 | who contact licensed retailers on a regular
and continual basis | ||||||
15 | in this State must register those agents, representatives,
or | ||||||
16 | persons acting on its behalf with the State Commission. | ||||||
17 | Registration of agents, representatives, or persons acting | ||||||
18 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
19 | to the Commission. The form
shall be developed by the | ||||||
20 | Commission and shall include the name and address of
the | ||||||
21 | applicant, the name and address of the manufacturer he or she | ||||||
22 | represents,
the territory or areas assigned to sell to or | ||||||
23 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
24 | questions deemed appropriate and necessary.
All statements in | ||||||
25 | the forms required to be made by law or by rule shall be
deemed | ||||||
26 | material, and any person who knowingly misstates any material |
| |||||||
| |||||||
1 | fact under
oath in an application is guilty of a Class B | ||||||
2 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
3 | misleading statements, evasions, or
suppression of material | ||||||
4 | facts in the securing of a registration are grounds for
| ||||||
5 | suspension or revocation of the registration. | ||||||
6 | (b) A distributor's license shall allow the wholesale | ||||||
7 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
8 | liquors to licensees
in this State and to persons without the | ||||||
9 | State, as may be permitted by law. | ||||||
10 | (c) An importing distributor's license may be issued to and | ||||||
11 | held by
those only who are duly licensed distributors, upon the | ||||||
12 | filing of an
application by a duly licensed distributor, with | ||||||
13 | the Commission and
the Commission shall, without the
payment of | ||||||
14 | any fee, immediately issue such importing distributor's
| ||||||
15 | license to the applicant, which shall allow the importation of | ||||||
16 | alcoholic
liquor by the licensee into this State from any point | ||||||
17 | in the United
States outside this State, and the purchase of | ||||||
18 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
19 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
20 | but all bottles or containers
so filled shall be sealed, | ||||||
21 | labeled, stamped and otherwise made to comply
with all | ||||||
22 | provisions, rules and regulations governing manufacturers in
| ||||||
23 | the preparation and bottling of alcoholic liquors. The | ||||||
24 | importing
distributor's license shall permit such licensee to | ||||||
25 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
26 | dealers and foreign importers only. |
| |||||||
| |||||||
1 | (d) A retailer's license shall allow the licensee to sell | ||||||
2 | and offer
for sale at retail, only in the premises specified in | ||||||
3 | the license,
alcoholic liquor for use or consumption, but not | ||||||
4 | for resale in any form. Nothing in this amendatory Act of the | ||||||
5 | 95th General Assembly shall deny, limit, remove, or restrict | ||||||
6 | the ability of a holder of a retailer's license to transfer, | ||||||
7 | deliver, or ship alcoholic liquor to the purchaser for use or | ||||||
8 | consumption subject to any applicable local law or ordinance. | ||||||
9 | Any retail license issued to a manufacturer shall only
permit | ||||||
10 | the manufacturer to sell beer at retail on the premises | ||||||
11 | actually
occupied by the manufacturer. For the purpose of | ||||||
12 | further describing the type of business conducted at a retail | ||||||
13 | licensed premises, a retailer's licensee may be designated by | ||||||
14 | the State Commission as (i) an on premise consumption retailer, | ||||||
15 | (ii) an off premise sale retailer, or (iii) a combined on | ||||||
16 | premise consumption and off premise sale retailer.
| ||||||
17 | Notwithstanding any other provision of this subsection | ||||||
18 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
19 | event retailer licensee for
resale to the extent permitted | ||||||
20 | under subsection (e). | ||||||
21 | (e) A special event retailer's license (not-for-profit) | ||||||
22 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
23 | Illinois licensed distributor
(unless the licensee purchases | ||||||
24 | less than $500 of alcoholic liquors for the
special event, in | ||||||
25 | which case the licensee may purchase the alcoholic liquors
from | ||||||
26 | a licensed retailer) and shall allow the licensee to sell and |
| |||||||
| |||||||
1 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
2 | consumption, but not for resale
in any form and only at the | ||||||
3 | location and on the specific dates designated for
the special | ||||||
4 | event in the license. An applicant for a special event retailer
| ||||||
5 | license must
(i) furnish with the application: (A) a resale | ||||||
6 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
7 | Act or evidence that the applicant is
registered under Section | ||||||
8 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
9 | exemption identification
number issued under Section 1g of the | ||||||
10 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
11 | Commission that the purchase of alcoholic liquors will be
a | ||||||
12 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
13 | not registered
under Section 2a of the Retailers' Occupation | ||||||
14 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
15 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
16 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
17 | in which event the Commission shall set forth on the special | ||||||
18 | event
retailer's license a statement to that effect; (ii) | ||||||
19 | submit with the application proof satisfactory to
the State | ||||||
20 | Commission that the applicant will provide dram shop liability
| ||||||
21 | insurance in the maximum limits; and (iii) show proof | ||||||
22 | satisfactory to the
State Commission that the applicant has | ||||||
23 | obtained local authority
approval. | ||||||
24 | (f) A railroad license shall permit the licensee to import | ||||||
25 | alcoholic
liquors into this State from any point in the United | ||||||
26 | States outside this
State and to store such alcoholic liquors |
| |||||||
| |||||||
1 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
2 | directly from manufacturers, foreign
importers, distributors | ||||||
3 | and importing distributors from within or outside
this State; | ||||||
4 | and to store such alcoholic liquors in this State; provided
| ||||||
5 | that the above powers may be exercised only in connection with | ||||||
6 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
7 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
8 | operated on an electric,
gas or steam railway in this State; | ||||||
9 | and provided further, that railroad
licensees exercising the | ||||||
10 | above powers shall be subject to all provisions of
Article VIII | ||||||
11 | of this Act as applied to importing distributors. A railroad
| ||||||
12 | license shall also permit the licensee to sell or dispense | ||||||
13 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
14 | operated on an electric,
gas or steam railway regularly | ||||||
15 | operated by a common carrier in this State,
but shall not | ||||||
16 | permit the sale for resale of any alcoholic liquors to any
| ||||||
17 | licensee within this State. A license shall be obtained for | ||||||
18 | each car in which
such sales are made. | ||||||
19 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
20 | in
individual drinks, on any passenger boat regularly operated | ||||||
21 | as a common
carrier on navigable waters in this State or on any | ||||||
22 | riverboat operated
under
the Casino Gaming Riverboat Gambling | ||||||
23 | Act, which boat or riverboat maintains a public
dining room or | ||||||
24 | restaurant thereon. | ||||||
25 | (h) A non-beverage user's license shall allow the licensee | ||||||
26 | to
purchase alcoholic liquor from a licensed manufacturer or |
| |||||||
| |||||||
1 | importing
distributor, without the imposition of any tax upon | ||||||
2 | the business of such
licensed manufacturer or importing | ||||||
3 | distributor as to such alcoholic
liquor to be used by such | ||||||
4 | licensee solely for the non-beverage purposes
set forth in | ||||||
5 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
6 | shall be divided and classified and shall permit the
purchase, | ||||||
7 | possession and use of limited and stated quantities of
| ||||||
8 | alcoholic liquor as follows: | ||||||
9 | Class 1, not to exceed ......................... 500 gallons
| ||||||
10 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
11 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
12 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
13 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
14 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
15 | that concurrently holds a first-class wine-maker's license to | ||||||
16 | sell
and offer for sale at retail in the premises specified in | ||||||
17 | such license
not more than 50,000 gallons of the first-class | ||||||
18 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
19 | licensed premises per year for use or
consumption, but not for | ||||||
20 | resale in any form. A wine-maker's premises
license shall allow | ||||||
21 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
22 | license to sell and offer for sale at retail in the premises
| ||||||
23 | specified in such license up to 100,000 gallons of the
| ||||||
24 | second-class wine-maker's wine that is made at the second-class | ||||||
25 | wine-maker's
licensed premises per year
for use or consumption | ||||||
26 | but not for resale in any form. A wine-maker's premises license |
| |||||||
| |||||||
1 | shall allow a
licensee that concurrently holds a first-class | ||||||
2 | wine-maker's license or a second-class
wine-maker's license to | ||||||
3 | sell
and offer for sale at retail at the premises specified in | ||||||
4 | the wine-maker's premises license, for use or consumption but | ||||||
5 | not for resale in any form, any beer, wine, and spirits | ||||||
6 | purchased from a licensed distributor. Upon approval from the
| ||||||
7 | State Commission, a wine-maker's premises license
shall allow | ||||||
8 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
9 | licensed premises and (ii) at up to 2 additional locations for | ||||||
10 | use and
consumption and not for resale. Each location shall | ||||||
11 | require additional
licensing per location as specified in | ||||||
12 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
13 | secure liquor liability insurance coverage in an amount at
| ||||||
14 | least equal to the maximum liability amounts set forth in
| ||||||
15 | subsection (a) of Section 6-21 of this Act.
| ||||||
16 | (j) An airplane license shall permit the licensee to import
| ||||||
17 | alcoholic liquors into this State from any point in the United | ||||||
18 | States
outside this State and to store such alcoholic liquors | ||||||
19 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
20 | directly from
manufacturers, foreign importers, distributors | ||||||
21 | and importing
distributors from within or outside this State; | ||||||
22 | and to store such
alcoholic liquors in this State; provided | ||||||
23 | that the above powers may be
exercised only in connection with | ||||||
24 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
25 | sold or dispensed on an airplane; and
provided further, that | ||||||
26 | airplane licensees exercising the above powers
shall be subject |
| |||||||
| |||||||
1 | to all provisions of Article VIII of this Act as
applied to | ||||||
2 | importing distributors. An airplane licensee shall also
permit | ||||||
3 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
4 | airplane regularly operated by a common carrier in this State, | ||||||
5 | but shall
not permit the sale for resale of any alcoholic | ||||||
6 | liquors to any licensee
within this State. A single airplane | ||||||
7 | license shall be required of an
airline company if liquor | ||||||
8 | service is provided on board aircraft in this
State. The annual | ||||||
9 | fee for such license shall be as determined in
Section 5-3. | ||||||
10 | (k) A foreign importer's license shall permit such licensee | ||||||
11 | to purchase
alcoholic liquor from Illinois licensed | ||||||
12 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
13 | than in bulk from any point outside the
United States and to | ||||||
14 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
15 | distributors and to no one else in Illinois;
provided that (i) | ||||||
16 | the foreign importer registers with the State Commission
every
| ||||||
17 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
18 | licensees during the
license period, (ii) the foreign importer | ||||||
19 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
20 | with respect to registration of such Illinois licensees as may
| ||||||
21 | be granted the
right to sell such brands at wholesale, and | ||||||
22 | (iii) the foreign importer complies with the provisions of | ||||||
23 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
24 | provisions apply to manufacturers. | ||||||
25 | (l) (i) A broker's license shall be required of all persons
| ||||||
26 | who solicit
orders for, offer to sell or offer to supply |
| |||||||
| |||||||
1 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
2 | offer to retailers to ship or
cause to be shipped or to make | ||||||
3 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
4 | or any other party within or without the State
of Illinois in | ||||||
5 | order that alcoholic liquors be shipped to a distributor,
| ||||||
6 | importing distributor or foreign importer, whether such | ||||||
7 | solicitation or
offer is consummated within or without the | ||||||
8 | State of Illinois. | ||||||
9 | No holder of a retailer's license issued by the Illinois | ||||||
10 | Liquor
Control Commission shall purchase or receive any | ||||||
11 | alcoholic liquor, the
order for which was solicited or offered | ||||||
12 | for sale to such retailer by a
broker unless the broker is the | ||||||
13 | holder of a valid broker's license. | ||||||
14 | The broker shall, upon the acceptance by a retailer of the | ||||||
15 | broker's
solicitation of an order or offer to sell or supply or | ||||||
16 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
17 | to the Illinois Liquor
Control Commission a notification of | ||||||
18 | said transaction in such form as
the Commission may by | ||||||
19 | regulations prescribe. | ||||||
20 | (ii) A broker's license shall be required of
a person | ||||||
21 | within this State, other than a retail licensee,
who, for a fee | ||||||
22 | or commission, promotes, solicits, or accepts orders for
| ||||||
23 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
24 | be shipped from this State and delivered to residents outside | ||||||
25 | of
this State by an express company, common carrier, or | ||||||
26 | contract carrier.
This Section does not apply to any person who |
| |||||||
| |||||||
1 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
2 | authorized in Section 6-29 of this Act. | ||||||
3 | A broker's license under this subsection (l)
shall not | ||||||
4 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
5 | own account or to take or deliver title to
such alcoholic | ||||||
6 | liquors. | ||||||
7 | This subsection (l)
shall not apply to distributors, | ||||||
8 | employees of
distributors, or employees of a manufacturer who | ||||||
9 | has registered the
trademark, brand or name of the alcoholic | ||||||
10 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
11 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
12 | its registrants thereunder. | ||||||
13 | Any agent, representative, or person subject to | ||||||
14 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
15 | not be eligible to receive a broker's
license. | ||||||
16 | (m) A non-resident dealer's license shall permit such | ||||||
17 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
18 | State from any point
outside of this State, and to sell such | ||||||
19 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
20 | importing distributors and to no one else in this State;
| ||||||
21 | provided that (i) said non-resident dealer shall register with | ||||||
22 | the Illinois Liquor
Control Commission each and every brand of | ||||||
23 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
24 | licensees during the license period, (ii) it shall comply with | ||||||
25 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
26 | registration of such Illinois licensees as may be granted the |
| |||||||
| |||||||
1 | right
to sell such brands at wholesale, and (iii) the | ||||||
2 | non-resident dealer shall comply with the provisions of | ||||||
3 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
4 | provisions apply to manufacturers. | ||||||
5 | (n) A brew pub license shall allow the licensee (i) to | ||||||
6 | manufacture beer only
on the premises specified in the license, | ||||||
7 | (ii) to make sales of the
beer manufactured on the premises or, | ||||||
8 | with the approval of the Commission, beer manufactured on | ||||||
9 | another brew pub licensed premises that is substantially owned | ||||||
10 | and operated by the same licensee to importing distributors, | ||||||
11 | distributors,
and to non-licensees for use and consumption, | ||||||
12 | (iii) to store the beer upon
the premises, and (iv) to sell and | ||||||
13 | offer for sale at retail from the licensed
premises, provided | ||||||
14 | that a brew pub licensee shall not sell for off-premises
| ||||||
15 | consumption more than 50,000 gallons per year. A person who | ||||||
16 | holds a brew pub license may simultaneously hold a craft brewer | ||||||
17 | license if he or she otherwise qualifies for the craft brewer | ||||||
18 | license and the craft brewer license is for a location separate | ||||||
19 | from the brew pub's licensed premises. A brew pub license shall | ||||||
20 | permit a person who has received prior approval from the | ||||||
21 | Commission to annually transfer no more than a total of 50,000 | ||||||
22 | gallons of beer manufactured on premises to all other licensed | ||||||
23 | brew pubs that are substantially owned and operated by the same | ||||||
24 | person. | ||||||
25 | (o) A caterer retailer license shall allow the holder
to | ||||||
26 | serve alcoholic liquors as an incidental part of a food service |
| |||||||
| |||||||
1 | that serves
prepared meals which excludes the serving of snacks | ||||||
2 | as
the primary meal, either on or off-site whether licensed or | ||||||
3 | unlicensed. | ||||||
4 | (p) An auction liquor license shall allow the licensee to | ||||||
5 | sell and offer
for sale at auction wine and spirits for use or | ||||||
6 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
7 | accordance with provisions of this Act. An
auction liquor | ||||||
8 | license will be issued to a person and it will permit the
| ||||||
9 | auction liquor licensee to hold the auction anywhere in the | ||||||
10 | State. An auction
liquor license must be obtained for each | ||||||
11 | auction at least 14 days in advance of
the auction date. | ||||||
12 | (q) A special use permit license shall allow an Illinois | ||||||
13 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
14 | inventory from its
retail licensed premises to the premises | ||||||
15 | specified in the license hereby
created, and to sell or offer | ||||||
16 | for sale at retail, only in the premises
specified in the | ||||||
17 | license hereby created, the transferred alcoholic liquor for
| ||||||
18 | use or consumption, but not for resale in any form. A special | ||||||
19 | use permit
license may be granted for the following time | ||||||
20 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
21 | per location in any 12 month period. An
applicant for the | ||||||
22 | special use permit license must also submit with the
| ||||||
23 | application proof satisfactory to the State Commission that the | ||||||
24 | applicant will
provide dram shop liability insurance to the | ||||||
25 | maximum limits and have local
authority approval. | ||||||
26 | (r) A winery shipper's license shall allow a person
with a |
| |||||||
| |||||||
1 | first-class or second-class wine manufacturer's
license, a | ||||||
2 | first-class or second-class wine-maker's license,
or a limited | ||||||
3 | wine manufacturer's license or who is licensed to
make wine | ||||||
4 | under the laws of another state to ship wine
made by that | ||||||
5 | licensee directly to a resident of this
State who is 21 years | ||||||
6 | of age or older for that resident's
personal use and not for | ||||||
7 | resale. Prior to receiving a
winery shipper's license, an | ||||||
8 | applicant for the license must
provide the Commission with a | ||||||
9 | true copy of its current
license in any state in which it is | ||||||
10 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
11 | shipper's license must
also complete an application form that | ||||||
12 | provides any other
information the Commission deems necessary. | ||||||
13 | The
application form shall include an acknowledgement | ||||||
14 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
15 | Department of Revenue, and the courts of this State concerning
| ||||||
16 | the enforcement of this Act and any related laws, rules, and
| ||||||
17 | regulations, including authorizing the Department of Revenue
| ||||||
18 | and the Commission to conduct audits for the purpose of
| ||||||
19 | ensuring compliance with this amendatory Act. | ||||||
20 | A winery shipper licensee must pay to the Department
of | ||||||
21 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
22 | all wine that is sold by the licensee and shipped to a person
| ||||||
23 | in this State. For the purposes of Section 8-1, a winery
| ||||||
24 | shipper licensee shall be taxed in the same manner as a
| ||||||
25 | manufacturer of wine. A licensee who is not otherwise required | ||||||
26 | to register under the Retailers' Occupation Tax Act must
|
| |||||||
| |||||||
1 | register under the Use Tax Act to collect and remit use tax to
| ||||||
2 | the Department of Revenue for all gallons of wine that are sold
| ||||||
3 | by the licensee and shipped to persons in this State. If a
| ||||||
4 | licensee fails to remit the tax imposed under this Act in
| ||||||
5 | accordance with the provisions of Article VIII of this Act, the
| ||||||
6 | winery shipper's license shall be revoked in accordance
with | ||||||
7 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
8 | to properly register and remit tax under the Use Tax Act
or the | ||||||
9 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
10 | winery shipper and shipped to persons in this
State, the winery | ||||||
11 | shipper's license shall be revoked in
accordance with the | ||||||
12 | provisions of Article VII of this Act. | ||||||
13 | A winery shipper licensee must collect, maintain, and
| ||||||
14 | submit to the Commission on a semi-annual basis the
total | ||||||
15 | number of cases per resident of wine shipped to residents
of | ||||||
16 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
17 | must comply with the requirements of Section 6-29 of this | ||||||
18 | amendatory Act.
| ||||||
19 | (Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455, | ||||||
20 | eff. 8-19-11; 97-813, eff. 7-13-12.)
| ||||||
21 | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
| ||||||
22 | Sec. 6-30.
Notwithstanding any other provision of this Act, | ||||||
23 | the
Illinois Gaming Board shall have exclusive authority to | ||||||
24 | establish the hours
for sale and consumption of alcoholic | ||||||
25 | liquor on board a riverboat during
riverboat gambling |
| |||||||
| |||||||
1 | excursions conducted in accordance with the Casino Gaming | ||||||
2 | Riverboat
Gambling Act.
| ||||||
3 | (Source: P.A. 87-826.)
| ||||||
4 | Section 45. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as | ||||||
6 | follows:
| ||||||
7 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
8 | Sec. 28-1. Gambling.
| ||||||
9 | (a) A person commits gambling when he or she:
| ||||||
10 | (1) knowingly plays a game of chance or skill for money | ||||||
11 | or other thing of
value, unless excepted in subsection (b) | ||||||
12 | of this Section;
| ||||||
13 | (2) knowingly makes a wager upon the result of any | ||||||
14 | game, contest, or any
political nomination, appointment or | ||||||
15 | election;
| ||||||
16 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
17 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
18 | manufactures or distributes any
gambling device;
| ||||||
19 | (4) contracts to have or give himself or herself or | ||||||
20 | another the option to buy
or sell, or contracts to buy or | ||||||
21 | sell, at a future time, any grain or
other commodity | ||||||
22 | whatsoever, or any stock or security of any company,
where | ||||||
23 | it is at the time of making such contract intended by both | ||||||
24 | parties
thereto that the contract to buy or sell, or the |
| |||||||
| |||||||
1 | option, whenever
exercised, or the contract resulting | ||||||
2 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
3 | of such property, but by the payment only of
differences in | ||||||
4 | prices thereof; however, the issuance, purchase, sale,
| ||||||
5 | exercise, endorsement or guarantee, by or through a person | ||||||
6 | registered
with the Secretary of State pursuant to Section | ||||||
7 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
8 | a person exempt from such
registration under said Section | ||||||
9 | 8, of a put, call, or other option to
buy or sell | ||||||
10 | securities which have been registered with the Secretary of
| ||||||
11 | State or which are exempt from such registration under | ||||||
12 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
13 | gambling within the meaning of
this paragraph (4);
| ||||||
14 | (5) knowingly owns or possesses any book, instrument or | ||||||
15 | apparatus by
means of which bets or wagers have been, or | ||||||
16 | are, recorded or registered,
or knowingly possesses any | ||||||
17 | money which he has received in the course of
a bet or | ||||||
18 | wager;
| ||||||
19 | (6) knowingly sells pools upon the result of any game | ||||||
20 | or contest of skill or
chance, political nomination, | ||||||
21 | appointment or election;
| ||||||
22 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
23 | offers to sell or
transfers any ticket or share for any | ||||||
24 | lottery;
| ||||||
25 | (8) knowingly sets up or promotes any policy game or | ||||||
26 | sells, offers to sell or
knowingly possesses or transfers |
| |||||||
| |||||||
1 | any policy ticket, slip, record,
document or other similar | ||||||
2 | device;
| ||||||
3 | (9) knowingly drafts, prints or publishes any lottery | ||||||
4 | ticket or share,
or any policy ticket, slip, record, | ||||||
5 | document or similar device, except for
such activity | ||||||
6 | related to lotteries, bingo games and raffles authorized by
| ||||||
7 | and conducted in accordance with the laws of Illinois or | ||||||
8 | any other state or
foreign government;
| ||||||
9 | (10) knowingly advertises any lottery or policy game, | ||||||
10 | except for such
activity related to lotteries, bingo games | ||||||
11 | and raffles authorized by and
conducted in accordance with | ||||||
12 | the laws of Illinois or any other state;
| ||||||
13 | (11) knowingly transmits information as to wagers, | ||||||
14 | betting odds, or
changes in betting odds by telephone, | ||||||
15 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
16 | installs or maintains equipment for the
transmission or | ||||||
17 | receipt of such information; except that nothing in this
| ||||||
18 | subdivision (11) prohibits transmission or receipt of such | ||||||
19 | information
for use in news reporting of sporting events or | ||||||
20 | contests; or
| ||||||
21 | (12) knowingly establishes, maintains, or operates an | ||||||
22 | Internet site that
permits a person to play a game of
| ||||||
23 | chance or skill for money or other thing of value by means | ||||||
24 | of the Internet or
to make a wager upon the
result of any | ||||||
25 | game, contest, political nomination, appointment, or
| ||||||
26 | election by means of the Internet. This item (12) does not |
| |||||||
| |||||||
1 | apply to activities referenced in items (6) and (6.1) of | ||||||
2 | subsection (b) of this Section.
| ||||||
3 | (b) Participants in any of the following activities shall | ||||||
4 | not be
convicted of gambling:
| ||||||
5 | (1) Agreements to compensate for loss caused by the | ||||||
6 | happening of
chance including without limitation contracts | ||||||
7 | of indemnity or guaranty
and life or health or accident | ||||||
8 | insurance.
| ||||||
9 | (2) Offers of prizes, award or compensation to the | ||||||
10 | actual
contestants in any bona fide contest for the | ||||||
11 | determination of skill,
speed, strength or endurance or to | ||||||
12 | the owners of animals or vehicles
entered in such contest.
| ||||||
13 | (3) Pari-mutuel betting as authorized by the law of | ||||||
14 | this State.
| ||||||
15 | (4) Manufacture of gambling devices, including the | ||||||
16 | acquisition of
essential parts therefor and the assembly | ||||||
17 | thereof, for transportation in
interstate or foreign | ||||||
18 | commerce to any place outside this State when such
| ||||||
19 | transportation is not prohibited by any applicable Federal | ||||||
20 | law; or the
manufacture, distribution, or possession of | ||||||
21 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
22 | by manufacturers, distributors, and
terminal operators | ||||||
23 | licensed to do so under the Video Gaming Act.
| ||||||
24 | (5) The game commonly known as "bingo", when conducted | ||||||
25 | in accordance
with the Bingo License and Tax Act.
| ||||||
26 | (6) Lotteries when conducted by the State of Illinois |
| |||||||
| |||||||
1 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
2 | includes any activity conducted by the Department of | ||||||
3 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
4 | of the Illinois Lottery Law and its rules.
| ||||||
5 | (6.1) The purchase of lottery tickets through the | ||||||
6 | Internet for a lottery conducted by the State of Illinois | ||||||
7 | under the program established in Section 7.12 of the | ||||||
8 | Illinois Lottery Law.
| ||||||
9 | (7) Possession of an antique slot machine that is | ||||||
10 | neither used nor
intended to be used in the operation or | ||||||
11 | promotion of any unlawful
gambling activity or enterprise. | ||||||
12 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
13 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
14 | (8) Raffles when conducted in accordance with the | ||||||
15 | Raffles Act.
| ||||||
16 | (9) Charitable games when conducted in accordance with | ||||||
17 | the Charitable
Games Act.
| ||||||
18 | (10) Pull tabs and jar games when conducted under the | ||||||
19 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
20 | (11) Gambling games conducted on riverboats when
| ||||||
21 | authorized by the Casino Gaming Riverboat Gambling Act.
| ||||||
22 | (12) Video gaming terminal games at a licensed | ||||||
23 | establishment, licensed truck stop establishment,
licensed
| ||||||
24 | fraternal establishment, or licensed veterans | ||||||
25 | establishment when
conducted in accordance with the Video | ||||||
26 | Gaming Act. |
| |||||||
| |||||||
1 | (13) Games of skill or chance where money or other | ||||||
2 | things of value can be won but no payment or purchase is | ||||||
3 | required to participate. | ||||||
4 | (c) Sentence.
| ||||||
5 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
6 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
7 | 4 felony.
| ||||||
8 | (d) Circumstantial evidence.
| ||||||
9 | In prosecutions under
this
Section circumstantial evidence | ||||||
10 | shall have the same validity and weight as
in any criminal | ||||||
11 | prosecution.
| ||||||
12 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
13 | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| ||||||
14 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
15 | Sec. 28-1.1. Syndicated gambling.
| ||||||
16 | (a) Declaration of Purpose. Recognizing the close | ||||||
17 | relationship between
professional gambling and other organized | ||||||
18 | crime, it is declared to be the
policy of the legislature to | ||||||
19 | restrain persons from engaging in the business
of gambling for | ||||||
20 | profit in this State. This Section shall be liberally
construed | ||||||
21 | and administered with a view to carrying out this policy.
| ||||||
22 | (b) A person commits syndicated gambling when he or she | ||||||
23 | operates a "policy
game" or engages in the business of | ||||||
24 | bookmaking.
| ||||||
25 | (c) A person "operates a policy game" when he or she |
| |||||||
| |||||||
1 | knowingly uses any
premises or property for the purpose of | ||||||
2 | receiving or knowingly does
receive from what is commonly | ||||||
3 | called "policy":
| ||||||
4 | (1) money from a person other than the bettor or player | ||||||
5 | whose
bets or plays are represented by the money; or
| ||||||
6 | (2) written "policy game" records, made or used over | ||||||
7 | any
period of time, from a person other than the bettor or | ||||||
8 | player whose bets
or plays are represented by the written | ||||||
9 | record.
| ||||||
10 | (d) A person engages in bookmaking when he or she knowingly | ||||||
11 | receives or accepts more
than five bets or wagers upon the | ||||||
12 | result of any trials or contests of
skill, speed or power of | ||||||
13 | endurance or upon any lot, chance, casualty,
unknown or | ||||||
14 | contingent event whatsoever, which bets or wagers shall be of
| ||||||
15 | such size that the total of the amounts of money paid or | ||||||
16 | promised to be
paid to the bookmaker on account thereof shall | ||||||
17 | exceed $2,000.
Bookmaking is the receiving or accepting of bets | ||||||
18 | or wagers
regardless of the form or manner in which the | ||||||
19 | bookmaker records them.
| ||||||
20 | (e) Participants in any of the following activities shall | ||||||
21 | not be
convicted of syndicated gambling:
| ||||||
22 | (1) Agreements to compensate for loss caused by the | ||||||
23 | happening
of chance including without limitation contracts | ||||||
24 | of indemnity or
guaranty and life or health or accident | ||||||
25 | insurance;
| ||||||
26 | (2) Offers of prizes, award or compensation to the |
| |||||||
| |||||||
1 | actual
contestants in any bona fide contest for the | ||||||
2 | determination of skill,
speed, strength or endurance or to | ||||||
3 | the owners of animals or vehicles
entered in the contest;
| ||||||
4 | (3) Pari-mutuel betting as authorized by law of this | ||||||
5 | State;
| ||||||
6 | (4) Manufacture of gambling devices, including the | ||||||
7 | acquisition
of essential parts therefor and the assembly | ||||||
8 | thereof, for transportation
in interstate or foreign | ||||||
9 | commerce to any place outside this State when
the | ||||||
10 | transportation is not prohibited by any applicable Federal | ||||||
11 | law;
| ||||||
12 | (5) Raffles when conducted in accordance with the | ||||||
13 | Raffles Act;
| ||||||
14 | (6) Gambling games conducted on riverboats when
| ||||||
15 | authorized by the Casino Gaming Riverboat Gambling Act; and
| ||||||
16 | (7) Video gaming terminal games at a licensed | ||||||
17 | establishment, licensed truck stop establishment,
licensed
| ||||||
18 | fraternal establishment, or licensed veterans | ||||||
19 | establishment
when conducted in accordance with the Video | ||||||
20 | Gaming Act.
| ||||||
21 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
22 | (Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
| ||||||
23 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
24 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
25 | any real
estate, vehicle, boat or any other property whatsoever |
| |||||||
| |||||||
1 | used for the
purposes of gambling other than gambling conducted | ||||||
2 | in the manner authorized
by the Casino Gaming Riverboat | ||||||
3 | Gambling Act or the Video Gaming Act. Any person who
knowingly | ||||||
4 | permits any premises
or property owned or occupied by him or | ||||||
5 | under his control to be used as a
gambling place commits a | ||||||
6 | Class A misdemeanor. Each subsequent offense is a
Class 4 | ||||||
7 | felony. When any premises is determined by the circuit court to | ||||||
8 | be
a gambling place:
| ||||||
9 | (a) Such premises is a public nuisance and may be proceeded | ||||||
10 | against as such,
and
| ||||||
11 | (b) All licenses, permits or certificates issued by the | ||||||
12 | State of
Illinois or any subdivision or public agency thereof | ||||||
13 | authorizing the
serving of food or liquor on such premises | ||||||
14 | shall be void; and no license,
permit or certificate so | ||||||
15 | cancelled shall be reissued for such premises for
a period of | ||||||
16 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
17 | gambling place be reissued such license
for one year from his | ||||||
18 | conviction and, after a second conviction of keeping
a gambling | ||||||
19 | place, any such person shall not be reissued such license, and
| ||||||
20 | (c) Such premises of any person who knowingly permits | ||||||
21 | thereon a
violation of any Section of this Article shall be | ||||||
22 | held liable for, and may
be sold to pay any unsatisfied | ||||||
23 | judgment that may be recovered and any
unsatisfied fine that | ||||||
24 | may be levied under any Section of this Article.
| ||||||
25 | (Source: P.A. 96-34, eff. 7-13-09.)
|
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1 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
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2 | Sec. 28-5. Seizure of gambling devices and gambling funds.
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3 | (a) Every device designed for gambling which is incapable | ||||||
4 | of lawful use
or every device used unlawfully for gambling | ||||||
5 | shall be considered a
"gambling device", and shall be subject | ||||||
6 | to seizure, confiscation and
destruction by the Department of | ||||||
7 | State Police or by any municipal, or other
local authority, | ||||||
8 | within whose jurisdiction the same may be found. As used
in | ||||||
9 | this Section, a "gambling device" includes any slot machine, | ||||||
10 | and
includes any machine or device constructed for the | ||||||
11 | reception of money or
other thing of value and so constructed | ||||||
12 | as to return, or to cause someone
to return, on chance to the | ||||||
13 | player thereof money, property or a right to
receive money or | ||||||
14 | property. With the exception of any device designed for
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15 | gambling which is incapable of lawful use, no gambling device | ||||||
16 | shall be
forfeited or destroyed unless an individual with a | ||||||
17 | property interest in
said device knows of the unlawful use of | ||||||
18 | the device.
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19 | (b) Every gambling device shall be seized and forfeited to | ||||||
20 | the county
wherein such seizure occurs. Any money or other | ||||||
21 | thing of value integrally
related to acts of gambling shall be | ||||||
22 | seized and forfeited to the county
wherein such seizure occurs.
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23 | (c) If, within 60 days after any seizure pursuant to | ||||||
24 | subparagraph
(b) of this Section, a person having any property | ||||||
25 | interest in the seized
property is charged with an offense, the | ||||||
26 | court which renders judgment
upon such charge shall, within 30 |
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1 | days after such judgment, conduct a
forfeiture hearing to | ||||||
2 | determine whether such property was a gambling device
at the | ||||||
3 | time of seizure. Such hearing shall be commenced by a written
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4 | petition by the State, including material allegations of fact, | ||||||
5 | the name
and address of every person determined by the State to | ||||||
6 | have any property
interest in the seized property, a | ||||||
7 | representation that written notice of
the date, time and place | ||||||
8 | of such hearing has been mailed to every such
person by | ||||||
9 | certified mail at least 10 days before such date, and a
request | ||||||
10 | for forfeiture. Every such person may appear as a party and
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11 | present evidence at such hearing. The quantum of proof required | ||||||
12 | shall
be a preponderance of the evidence, and the burden of | ||||||
13 | proof shall be on
the State. If the court determines that the | ||||||
14 | seized property was
a gambling device at the time of seizure, | ||||||
15 | an order of forfeiture and
disposition of the seized property | ||||||
16 | shall be entered: a gambling device
shall be received by the | ||||||
17 | State's Attorney, who shall effect its
destruction, except that | ||||||
18 | valuable parts thereof may be liquidated and
the resultant | ||||||
19 | money shall be deposited in the general fund of the county
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20 | wherein such seizure occurred; money and other things of value | ||||||
21 | shall be
received by the State's Attorney and, upon | ||||||
22 | liquidation, shall be
deposited in the general fund of the | ||||||
23 | county wherein such seizure
occurred. However, in the event | ||||||
24 | that a defendant raises the defense
that the seized slot | ||||||
25 | machine is an antique slot machine described in
subparagraph | ||||||
26 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
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1 | from the charge of a gambling activity participant, the seized
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2 | antique slot machine shall not be destroyed or otherwise | ||||||
3 | altered until a
final determination is made by the Court as to | ||||||
4 | whether it is such an
antique slot machine. Upon a final | ||||||
5 | determination by the Court of this
question in favor of the | ||||||
6 | defendant, such slot machine shall be
immediately returned to | ||||||
7 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
8 | for the purposes of appeal, be a final order and
judgment in a | ||||||
9 | civil proceeding.
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10 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
11 | Section is not
followed by a charge pursuant to subparagraph | ||||||
12 | (c) of this Section, or if
the prosecution of such charge is | ||||||
13 | permanently terminated or indefinitely
discontinued without | ||||||
14 | any judgment of conviction or acquittal (1) the
State's | ||||||
15 | Attorney shall commence an in rem proceeding for the forfeiture
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16 | and destruction of a gambling device, or for the forfeiture and | ||||||
17 | deposit
in the general fund of the county of any seized money | ||||||
18 | or other things of
value, or both, in the circuit court and (2) | ||||||
19 | any person having any
property interest in such seized gambling | ||||||
20 | device, money or other thing
of value may commence separate | ||||||
21 | civil proceedings in the manner provided
by law.
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22 | (e) Any gambling device displayed for sale to a riverboat | ||||||
23 | gambling
operation or used to train occupational licensees of a | ||||||
24 | riverboat gambling
operation as authorized under the Casino | ||||||
25 | Gaming Riverboat Gambling Act is exempt from
seizure under this | ||||||
26 | Section.
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1 | (f) Any gambling equipment, devices and supplies provided | ||||||
2 | by a licensed
supplier in accordance with the Casino Gaming | ||||||
3 | Riverboat Gambling Act which are removed
from the riverboat for | ||||||
4 | repair are exempt from seizure under this Section.
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5 | (Source: P.A. 87-826.)
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6 | (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
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7 | Sec. 28-7. Gambling contracts void.
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8 | (a) All promises, notes, bills, bonds, covenants, | ||||||
9 | contracts, agreements,
judgments, mortgages, or other | ||||||
10 | securities or conveyances made, given,
granted, drawn, or | ||||||
11 | entered into, or executed by any person whatsoever,
where the | ||||||
12 | whole or any part of the consideration thereof is for any
money | ||||||
13 | or thing of value, won or obtained in violation of any Section | ||||||
14 | of
this Article are null and void.
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15 | (b) Any obligation void under this Section may be set aside | ||||||
16 | and vacated
by any court of competent jurisdiction, upon a | ||||||
17 | complaint filed for that
purpose, by the person so granting, | ||||||
18 | giving, entering into, or executing the
same, or by his | ||||||
19 | executors or administrators, or by any creditor, heir,
legatee, | ||||||
20 | purchaser or other person interested therein; or if a judgment,
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21 | the same may be set aside on motion of any person stated above, | ||||||
22 | on due
notice thereof given.
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23 | (c) No assignment of any obligation void under this Section | ||||||
24 | may in any
manner affect the defense of the person giving, | ||||||
25 | granting, drawing, entering
into or executing such obligation, |
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1 | or the remedies of any person interested
therein.
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2 | (d) This Section shall not prevent a licensed owner of a | ||||||
3 | riverboat
gambling operation from instituting a cause of action | ||||||
4 | to collect any amount
due and owing under an extension of | ||||||
5 | credit to a riverboat gambling patron
as authorized under the | ||||||
6 | Casino Gaming Riverboat Gambling Act.
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7 | (Source: P.A. 87-826.)
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8 | Section 50. The Payday Loan Reform Act is amended by | ||||||
9 | changing Section 3-5 as follows:
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10 | (815 ILCS 122/3-5)
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11 | Sec. 3-5. Licensure. | ||||||
12 | (a) A license to make a payday loan shall state the | ||||||
13 | address,
including city and state, at which
the business is to | ||||||
14 | be conducted and shall state fully the name of the licensee.
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15 | The license shall be conspicuously posted in the place of | ||||||
16 | business of the
licensee and shall not be transferable or | ||||||
17 | assignable.
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18 | (b) An application for a license shall be in writing and in | ||||||
19 | a form
prescribed by the Secretary. The Secretary may not issue | ||||||
20 | a payday loan
license unless and until the following findings | ||||||
21 | are made:
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22 | (1) that the financial responsibility, experience, | ||||||
23 | character, and general
fitness of the applicant are such as | ||||||
24 | to command the confidence of the public
and to warrant the |
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1 | belief that the business will be operated lawfully and
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2 | fairly and within the provisions and purposes of this Act; | ||||||
3 | and
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4 | (2) that the applicant has submitted such other | ||||||
5 | information as the
Secretary may deem necessary.
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6 | (c) A license shall be issued for no longer than one year, | ||||||
7 | and no renewal
of a license may be provided if a licensee has | ||||||
8 | substantially violated this
Act and has not cured the violation | ||||||
9 | to the satisfaction of the Department.
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10 | (d) A licensee shall appoint, in writing, the Secretary as | ||||||
11 | attorney-in-fact
upon whom all lawful process against the | ||||||
12 | licensee may be served with the
same legal force and validity | ||||||
13 | as if served on the licensee. A copy of the
written | ||||||
14 | appointment, duly certified, shall be filed in the office of | ||||||
15 | the
Secretary, and a copy thereof certified by the Secretary | ||||||
16 | shall be sufficient
evidence to subject a licensee to | ||||||
17 | jurisdiction in a court of law. This appointment shall remain | ||||||
18 | in effect while any liability remains
outstanding in this State | ||||||
19 | against the licensee. When summons is served upon
the Secretary | ||||||
20 | as attorney-in-fact for a licensee, the Secretary shall | ||||||
21 | immediately
notify the licensee by registered mail, enclosing | ||||||
22 | the summons and specifying
the hour and day of service.
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23 | (e) A licensee must pay an annual fee of $1,000. In | ||||||
24 | addition to the
license fee, the reasonable expense of any | ||||||
25 | examination or hearing
by the Secretary under any provisions of | ||||||
26 | this Act shall be borne by
the licensee. If a licensee fails to |
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1 | renew its license by December 31,
its license
shall | ||||||
2 | automatically expire; however, the Secretary, in his or her | ||||||
3 | discretion,
may reinstate an expired license upon:
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4 | (1) payment of the annual fee within 30 days of the | ||||||
5 | date of
expiration; and
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6 | (2) proof of good cause for failure to renew.
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7 | (f) Not more than one place of business shall be maintained | ||||||
8 | under the
same license, but the Secretary may issue more than | ||||||
9 | one license to the same
licensee upon compliance with all the | ||||||
10 | provisions of this Act governing
issuance of a single license. | ||||||
11 | The location, except those locations already in
existence as of | ||||||
12 | June 1, 2005, may not be within one mile of a
horse race track | ||||||
13 | subject to the Illinois Horse Racing Act of 1975,
within one | ||||||
14 | mile of a facility at which gambling is conducted under the | ||||||
15 | Casino Gaming
Riverboat Gambling Act, within one mile of the | ||||||
16 | location at which a
riverboat subject to the Casino Gaming | ||||||
17 | Riverboat Gambling Act docks, or within one mile of
any State | ||||||
18 | of Illinois or United States military base or naval | ||||||
19 | installation.
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20 | (g) No licensee shall conduct the business of making loans | ||||||
21 | under this
Act within any office, suite, room, or place of | ||||||
22 | business in which (1) any loans are offered or made under the | ||||||
23 | Consumer Installment Loan Act other than title secured loans as | ||||||
24 | defined in subsection (a) of Section 15 of the Consumer | ||||||
25 | Installment Loan Act and governed by Title 38, Section 110.330 | ||||||
26 | of the Illinois Administrative Code or (2) any other
business |
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1 | is solicited or engaged in unless the other business is | ||||||
2 | licensed by the Department or, in the opinion of the Secretary, | ||||||
3 | the
other business would not be contrary to the best interests | ||||||
4 | of consumers and
is authorized by the Secretary in writing.
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5 | (g-5) Notwithstanding subsection (g) of this Section, a | ||||||
6 | licensee may obtain a license under the Consumer Installment | ||||||
7 | Loan Act (CILA) for the exclusive purpose and use of making | ||||||
8 | title secured loans, as defined in subsection (a) of Section 15 | ||||||
9 | of CILA and governed by Title 38, Section 110.300 of the | ||||||
10 | Illinois Administrative Code. A licensee may continue to | ||||||
11 | service Consumer Installment Loan Act loans that were | ||||||
12 | outstanding as of the effective date of this amendatory Act of | ||||||
13 | the 96th General Assembly. | ||||||
14 | (h) The Secretary shall maintain a list of licensees that | ||||||
15 | shall be
available to interested consumers and lenders and the | ||||||
16 | public. The Secretary
shall maintain a toll-free number whereby | ||||||
17 | consumers may obtain
information about licensees. The | ||||||
18 | Secretary shall also establish a complaint
process under which | ||||||
19 | an aggrieved consumer
may file a complaint against a licensee | ||||||
20 | or non-licensee who violates any
provision of this Act.
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21 | (Source: P.A. 96-936, eff. 3-21-11 .)
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22 | Section 55. The Travel Promotion Consumer Protection Act is | ||||||
23 | amended by changing Section 2 as follows:
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24 | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
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1 | Sec. 2. Definitions.
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2 | (a) "Travel promoter" means a person, including a tour | ||||||
3 | operator, who sells,
provides, furnishes, contracts for, | ||||||
4 | arranges or advertises that he or she will
arrange wholesale or | ||||||
5 | retail transportation by air, land, sea or navigable
stream, | ||||||
6 | either separately or in conjunction with other services. | ||||||
7 | "Travel
promoter" does not include (1) an air carrier; (2) a | ||||||
8 | sea carrier; (3) an
officially appointed agent of an air | ||||||
9 | carrier who is a member in good standing
of the Airline | ||||||
10 | Reporting Corporation; (4) a travel promoter who has in
force | ||||||
11 | $1,000,000 or more of liability insurance coverage for | ||||||
12 | professional
errors and omissions and a surety bond or | ||||||
13 | equivalent surety in the amount of
$100,000 or more for the | ||||||
14 | benefit of consumers in the event of a bankruptcy on
the part | ||||||
15 | of the travel promoter; or (5) a riverboat subject to | ||||||
16 | regulation under
the Casino Gaming Riverboat Gambling Act.
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17 | (b) "Advertise" means to make any representation in the | ||||||
18 | solicitation of
passengers and includes communication with | ||||||
19 | other members of the same
partnership, corporation, joint | ||||||
20 | venture, association, organization, group or
other entity.
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21 | (c) "Passenger" means a person on whose behalf money or | ||||||
22 | other
consideration has been given or is to be given to | ||||||
23 | another, including
another member of the same partnership, | ||||||
24 | corporation, joint venture,
association, organization, group | ||||||
25 | or other entity, for travel.
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26 | (d) "Ticket or voucher" means a writing or combination of |
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1 | writings which
is itself good and sufficient to obtain
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2 | transportation and other services for which the passenger has | ||||||
3 | contracted.
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4 | (Source: P.A. 91-357, eff. 7-29-99.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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