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Sen. Terry Link
Filed: 5/29/2014
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1 | | AMENDMENT TO HOUSE BILL 5017
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2 | | AMENDMENT NO. ______. Amend House Bill 5017 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Charitable Games Act is amended by changing |
5 | | Sections 4, 5.1, and 8 as follows:
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6 | | (230 ILCS 30/4) (from Ch. 120, par. 1124)
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7 | | Sec. 4. Licensing Restrictions. Licensing for the |
8 | | conducting of
charitable games is subject to the following |
9 | | restrictions:
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10 | | (1) The license application, when submitted to the |
11 | | Department of Revenue,
must contain a sworn statement |
12 | | attesting to the not-for-profit character
of the |
13 | | prospective licensee organization, signed by a person |
14 | | listed on the application as an owner, officer, or other |
15 | | person in charge of the necessary day-to-day operations. |
16 | | The application shall contain the
name of the person in |
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1 | | charge of and primarily responsible for the
conduct of the |
2 | | charitable games. The person so designated shall be
present |
3 | | on the premises continuously during charitable games.
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4 | | (2) The license application shall be prepared by the |
5 | | prospective
licensee organization or its duly authorized |
6 | | representative in accordance
with the
rules of the |
7 | | Department of Revenue.
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8 | | (2.1) The organization shall maintain among its books |
9 | | and records a list of the names,
addresses, social security |
10 | | numbers, and dates of birth of all persons who will
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11 | | participate in the management or operation of the games, |
12 | | along with a sworn
statement made under penalties of |
13 | | perjury, signed by a person listed on the application as an |
14 | | owner, officer, or other person in charge of the necessary |
15 | | day-to-day operations, that the persons listed as |
16 | | participating in the
management or operation of the games |
17 | | are bona fide members, volunteers as
defined in Section 2, |
18 | | or employees of the applicant, that these persons have
not
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19 | | participated in the management or operation of more than 12 |
20 | | charitable games
events conducted by any licensee in the |
21 | | calendar year, and that these persons
will receive no |
22 | | remuneration or compensation, directly or indirectly from |
23 | | any
source, for participating in the management or |
24 | | operation of the games. Any
amendments to this listing must |
25 | | contain an identical sworn statement.
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26 | | (2.2) (Blank).
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1 | | (3) Each license shall state the date, hours and
at |
2 | | what
locations the licensee is permitted to conduct |
3 | | charitable games.
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4 | | (4) Each licensee shall file a copy of the license with |
5 | | each
police
department or, if in unincorporated areas, each |
6 | | sheriff's office whose
jurisdiction includes the premises |
7 | | on which the charitable games are
authorized under the |
8 | | license.
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9 | | (5) The licensee shall prominently display the license |
10 | | in the
area where the licensee is to conduct charitable |
11 | | games. The licensee shall likewise display, in the form and |
12 | | manner prescribed by the Department, the provisions of |
13 | | Section 9 of this Act.
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14 | | (6) (Blank).
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15 | | (7) (Blank).
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16 | | (8) A license is not assignable or transferable.
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17 | | (9) Unless the premises for conducting charitable |
18 | | games are provided by
a
municipality, the Department shall |
19 | | not issue a license
permitting a
person, firm
or |
20 | | corporation to sponsor a charitable games night if the |
21 | | premises for the
conduct of the charitable games has been |
22 | | previously used for 12
charitable
games nights during the |
23 | | previous 12 months.
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24 | | (10) Auxiliary organizations of a licensee shall not be
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25 | | eligible for a
license to conduct charitable games, except |
26 | | for auxiliary organizations
of veterans organizations as |
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1 | | authorized in Section 2.
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2 | | (11) Charitable games must be conducted in accordance |
3 | | with
local
building and fire code requirements.
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4 | | (12) The licensee shall consent to allowing the |
5 | | Department's
employees
to be present on the premises |
6 | | wherein the charitable games are conducted
and to inspect |
7 | | or test equipment, devices and supplies used in the conduct
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8 | | of the game.
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9 | | Nothing in this Section shall be construed to prohibit a |
10 | | licensee that
conducts charitable games on its own premises |
11 | | from also obtaining a
providers' license in accordance with |
12 | | Section 5.1.
The maximum number of charitable games events that |
13 | | may be held in any one
premises is limited to no more than 12 |
14 | | charitable games events per calendar year one charitable games |
15 | | event per month .
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16 | | (Source: P.A. 98-377, eff. 1-1-14.)
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17 | | (230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)
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18 | | Sec. 5.1. If a licensee conducts charitable games on its |
19 | | own premises,
the licensee may also obtain a providers' license |
20 | | in accordance with
Section 5 to allow the licensee to rent or |
21 | | otherwise provide its
premises to another licensee for the |
22 | | conducting of an additional 4
charitable games events. The |
23 | | maximum number of charitable games events that
may be held at |
24 | | any one premises is limited to 12 8 charitable games events per
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25 | | calendar year.
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1 | | (Source: P.A. 94-986, eff. 6-30-06.)
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2 | | (230 ILCS 30/8) (from Ch. 120, par. 1128)
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3 | | Sec. 8. The conducting of charitable games is subject to |
4 | | the following
restrictions:
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5 | | (1) The entire net proceeds from charitable games must |
6 | | be exclusively
devoted to the lawful purposes of the |
7 | | organization permitted to conduct
that game.
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8 | | (2) No person except a bona fide member or employee of |
9 | | the
sponsoring organization, or a volunteer recruited by |
10 | | the sponsoring
organization, may participate in the |
11 | | management or operation of the
game.
A person participates |
12 | | in the management or operation of a charitable game
when he |
13 | | or she sells admission tickets at the event; sells, |
14 | | redeems, or in any
way assists in the selling or redeeming |
15 | | of chips, scrip, or play money;
participates in the
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16 | | conducting of any of the games played during the event, or |
17 | | supervises, directs
or instructs anyone conducting a game; |
18 | | or at any time during the hours of the
charitable games |
19 | | event counts, handles, or supervises anyone counting or
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20 | | handling any of the proceeds or chips, scrip, or play money |
21 | | at the event. A
person who is present to
ensure that the |
22 | | games are being conducted in conformance with the rules
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23 | | established by the licensed organization or is present to |
24 | | insure that the
equipment is working
properly is considered |
25 | | to be participating in the management or operation of a
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1 | | game. Setting up, cleaning up, selling food and drink, or |
2 | | providing security
for persons or property at the event |
3 | | does not constitute participation in the
management or |
4 | | operation of the game.
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5 | | Only bona fide members, volunteers as defined in |
6 | | Section 2 of this Act, and
employees of the sponsoring |
7 | | organization may participate in the management or
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8 | | operation of the games. Participation in the management or
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9 | | operation
of the games is limited to no more than 12 |
10 | | charitable games events, either of the sponsoring |
11 | | organization or any other licensed organization, during a |
12 | | calendar year.
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13 | | (3) No person may receive any remuneration or |
14 | | compensation either
directly or
indirectly from any source |
15 | | for
participating in the management or operation of the |
16 | | game.
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17 | | (4) No single bet at any house-banked game may exceed |
18 | | $20.
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19 | | (5) A bank shall be established on the premises to |
20 | | convert currency into
chips, scrip, or other form of play |
21 | | money which shall then be used to play
at
games of chance |
22 | | which the participant chooses. Chips, scrip, or play money
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23 | | must be permanently monogrammed with the supplier license |
24 | | number or logo or charitable games license number of a |
25 | | licensed organization or of the
supplier. Each participant |
26 | | must be issued a receipt indicating the amount
of chips, |
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1 | | scrip, or play money purchased.
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2 | | (6) At the conclusion of the event or when the |
3 | | participant leaves, he or she
may cash in his or her chips, |
4 | | scrip, or play money in exchange for currency not to
exceed |
5 | | $500 in cash winnings or unlimited noncash prizes. Each |
6 | | participant shall sign for any receipt
of prizes. The |
7 | | licensee shall provide the Department of Revenue with a
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8 | | listing of all prizes awarded, including the retail value |
9 | | of all prizes awarded.
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10 | | (7) Each licensee shall be permitted to conduct |
11 | | charitable games on
not more than 4 days each year. Nothing |
12 | | in this Section shall be construed to prohibit a licensee |
13 | | that conducts charitable games on its own premises from |
14 | | also obtaining a providers' license in accordance with |
15 | | Section 7 of this Act.
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16 | | (8) Unless the provider of the premises is a |
17 | | municipality, the
provider of the premises may not rent or |
18 | | otherwise provide the
premises for the conducting of more |
19 | | than 12 charitable games nights per calendar year one |
20 | | charitable games night per month .
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21 | | (9) A charitable games event is considered to be a |
22 | | one-day event and charitable games may not be played |
23 | | between the hours of 2:00 a.m.
and noon.
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24 | | (10) No person under the age of 18 years may play or |
25 | | participate in the
conducting of charitable games. Any |
26 | | person under the age of 18 years
may be within the area |
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1 | | where charitable games are being played only
when |
2 | | accompanied by his parent or guardian.
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3 | | (11) No one other than the sponsoring organization
of |
4 | | charitable games must have a proprietary
interest in the |
5 | | game promoted.
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6 | | (12) Raffles or other forms of gambling prohibited by |
7 | | law shall not be
conducted on the premises where charitable |
8 | | games are being conducted.
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9 | | (13) Such games are not expressly prohibited by county
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10 | | ordinance for
charitable games conducted in the |
11 | | unincorporated areas of the county or
municipal ordinance |
12 | | for charitable games conducted in the municipality and
the |
13 | | ordinance is filed with the Department of Revenue. The |
14 | | Department
shall provide each county or municipality with a |
15 | | list of organizations
licensed or subsequently authorized |
16 | | by the Department to conduct
charitable games in their |
17 | | jurisdiction.
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18 | | (14) The sale of tangible personal property at |
19 | | charitable games is
subject to all State and local taxes |
20 | | and obligations.
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21 | | (15) Each licensee may offer or conduct only the games
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22 | | listed
below,
which must be conducted in accordance with
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23 | | rules posted by the organization. The organization |
24 | | sponsoring charitable
games shall promulgate rules, and |
25 | | make printed copies available to
participants, for the |
26 | | following games: (a) roulette; (b) blackjack; (c)
poker; |
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1 | | (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; |
2 | | (h) big
six; (i) gin rummy; (j) five card stud poker; (k) |
3 | | chuck-a-luck; (l) keno;
(m) hold-em poker; and (n) |
4 | | merchandise wheel. A licensee need not offer or
conduct |
5 | | every game permitted by law.
The conducting of games not |
6 | | listed above is prohibited by this Act.
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7 | | (16) No slot machines or coin-in-the-slot-operated |
8 | | devices
that allow a participant to play games of chance |
9 | | shall be permitted to be used at the location and during |
10 | | the time at which the charitable games are being conducted. |
11 | | However, establishments that have video gaming terminals |
12 | | licensed under the Video Gaming Act may operate them along |
13 | | with charitable games under rules adopted by the |
14 | | Department.
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15 | | (17) No cards, dice, wheels, or other equipment may be |
16 | | modified or
altered
so as to give the licensee a greater |
17 | | advantage in winning, other than as
provided under the |
18 | | normal rules of play of a particular game.
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19 | | (18) No credit shall be extended to any of the |
20 | | participants.
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21 | | (19) (Blank).
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22 | | (20) A supplier may have only one representative |
23 | | present at the charitable
games event, for the exclusive |
24 | | purpose of ensuring that its equipment is not
damaged.
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25 | | (21) No employee, owner, or officer of a consultant |
26 | | service hired by a
licensed organization to perform |
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1 | | services at the event including, but not
limited to, |
2 | | security for
persons or property at the event or services |
3 | | before the event including, but
not limited to, training |
4 | | for volunteers
or advertising may participate in the |
5 | | management or operation of the games.
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6 | | (22) (Blank).
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7 | | (Source: P.A. 98-377, eff. 1-1-14.)
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8 | | Section 10. The Video Gaming
Act is amended by changing |
9 | | Sections 25, 55, and 58 and by adding Section 59 as follows:
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10 | | (230 ILCS 40/25)
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11 | | Sec. 25. Restriction of licensees.
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12 | | (a) Manufacturer. A person may not be licensed as a |
13 | | manufacturer of a
video gaming terminal in Illinois unless the |
14 | | person has a valid
manufacturer's license issued
under this |
15 | | Act. A manufacturer may only sell video gaming terminals for |
16 | | use
in Illinois to
persons having a valid distributor's |
17 | | license.
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18 | | (b) Distributor. A person may not sell, distribute, or |
19 | | lease
or market a video gaming terminal in Illinois unless the |
20 | | person has a valid
distributor's
license issued under this Act. |
21 | | A distributor may only sell video gaming
terminals for use in
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22 | | Illinois to persons having a valid distributor's or terminal |
23 | | operator's
license.
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24 | | (c) Terminal operator. A person may not own, maintain, or |
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1 | | place a video gaming terminal unless he has a valid terminal |
2 | | operator's
license issued
under this Act. A terminal operator |
3 | | may only place video gaming terminals for
use in
Illinois in |
4 | | licensed establishments, licensed truck stop establishments, |
5 | | licensed fraternal establishments,
and
licensed veterans |
6 | | establishments.
No terminal operator may give anything of |
7 | | value, including but not limited to
a loan or financing |
8 | | arrangement, to a licensed establishment, licensed truck stop |
9 | | establishment,
licensed fraternal establishment, or licensed |
10 | | veterans establishment as
any incentive or inducement to locate |
11 | | video terminals in that establishment.
Of the after-tax profits
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12 | | from a video gaming terminal, 50% shall be paid to the terminal
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13 | | operator and 50% shall be paid to the licensed establishment, |
14 | | licensed truck stop establishment,
licensed fraternal |
15 | | establishment, or
licensed veterans establishment, |
16 | | notwithstanding any agreement to the contrary.
A video terminal |
17 | | operator that violates one or more requirements of this |
18 | | subsection is guilty of a Class 4 felony and is subject to |
19 | | termination of his or her license by the Board.
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20 | | (d) Licensed technician. A person may not service, |
21 | | maintain, or repair a
video gaming terminal
in this State |
22 | | unless he or she (1) has a valid technician's license issued
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23 | | under this Act, (2) is a terminal operator, or (3) is employed |
24 | | by a terminal
operator, distributor, or manufacturer.
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25 | | (d-5) Licensed terminal handler. No person, including, but |
26 | | not limited to, an employee or independent contractor working |
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1 | | for a manufacturer, distributor, supplier, technician, or |
2 | | terminal operator licensed pursuant to this Act, shall have |
3 | | possession or control of a video gaming terminal, or access to |
4 | | the inner workings of a video gaming terminal, unless that |
5 | | person possesses a valid terminal handler's license issued |
6 | | under this Act. |
7 | | (e) Licensed establishment. No video gaming terminal may be |
8 | | placed in any licensed establishment, licensed veterans |
9 | | establishment, licensed truck stop establishment,
or licensed |
10 | | fraternal establishment
unless the owner
or agent of the owner |
11 | | of the licensed establishment, licensed veterans |
12 | | establishment, licensed truck stop establishment, or licensed
|
13 | | fraternal establishment has entered into a
written use |
14 | | agreement with the terminal operator for placement of the
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15 | | terminals. A copy of the use agreement shall be on file in the |
16 | | terminal
operator's place of business and available for |
17 | | inspection by individuals
authorized by the Board. A licensed |
18 | | establishment, licensed truck stop establishment, licensed |
19 | | veterans establishment,
or
licensed
fraternal
establishment |
20 | | may operate up to 5 video gaming terminals on its premises at |
21 | | any
time. A licensed truck stop establishment that is located |
22 | | within 3 road miles from a freeway interchange, as measured in |
23 | | accordance with the Illinois Department of Transportation's |
24 | | rules regarding the criteria for the installation of business |
25 | | signs, and that sells at retail more than 50,000 gallons of |
26 | | diesel or biodiesel fuel per month may operate up to 10 video |
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1 | | gaming terminals on its premises at any time. A licensed truck |
2 | | stop establishment may meet the fuel sales requirement by |
3 | | showing that estimated future sales or past sales average at |
4 | | least 50,000 gallons per month. All other licensed truck stop |
5 | | establishments may operate no more than 5 video gaming |
6 | | terminals at any time.
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7 | | (f) (Blank).
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8 | | (g) Financial interest restrictions.
As used in this Act, |
9 | | "substantial interest" in a partnership, a corporation, an
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10 | | organization, an association, a business, or a limited |
11 | | liability company means:
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12 | | (A) When, with respect to a sole proprietorship, an |
13 | | individual or
his or her spouse owns, operates, manages, or |
14 | | conducts, directly
or indirectly, the organization, |
15 | | association, or business, or any part thereof;
or
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16 | | (B) When, with respect to a partnership, the individual |
17 | | or his or
her spouse shares in any of the profits, or |
18 | | potential profits,
of the partnership activities; or
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19 | | (C) When, with respect to a corporation, an individual |
20 | | or his or her
spouse is an officer or director, or the |
21 | | individual or his or her spouse is a holder, directly or |
22 | | beneficially, of 5% or more of any class
of stock of the |
23 | | corporation; or
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24 | | (D) When, with respect to an organization not covered |
25 | | in (A), (B) or
(C) above, an individual or his or her |
26 | | spouse is an officer or manages the
business affairs, or |
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1 | | the individual or his or her spouse is the
owner of or |
2 | | otherwise controls 10% or more of the assets of the |
3 | | organization;
or
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4 | | (E) When an individual or his or her spouse furnishes
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5 | | 5% or more of the capital, whether in cash, goods, or |
6 | | services, for the
operation of any business, association, |
7 | | or organization during any calendar
year; or |
8 | | (F) When, with respect to a limited liability company, |
9 | | an individual or his or her
spouse is a member, or the |
10 | | individual or his or her spouse is a holder, directly or |
11 | | beneficially, of 5% or more of the membership interest of |
12 | | the limited liability company.
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13 | | For purposes of this subsection (g), "individual" includes |
14 | | all individuals or their spouses whose combined interest would |
15 | | qualify as a substantial interest under this subsection (g) and |
16 | | whose activities with respect to an organization, association, |
17 | | or business are so closely aligned or coordinated as to |
18 | | constitute the activities of a single entity. |
19 | | (h) Location restriction. A licensed establishment, |
20 | | licensed truck stop establishment, licensed
fraternal
|
21 | | establishment, or licensed veterans establishment that is (i) |
22 | | located within 1,000
feet of a facility operated by an |
23 | | organization licensee licensed under the Illinois Horse Racing |
24 | | Act of 1975 or the home dock of a riverboat licensed under the |
25 | | Riverboat
Gambling Act or (ii) located within 100 feet of a |
26 | | school or a place of worship under the Religious Corporation |
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1 | | Act, is ineligible to operate a video gaming terminal. The |
2 | | location restrictions in this subsection (h) do not apply if |
3 | | (A) a facility operated by an organization licensee, a school, |
4 | | or a place of worship moves to or is established within the |
5 | | restricted area after a licensed establishment, licensed truck |
6 | | stop establishment, licensed fraternal establishment, or |
7 | | licensed veterans establishment becomes licensed under this |
8 | | Act or (B) a school or place of worship moves to or is |
9 | | established within the restricted area after a licensed |
10 | | establishment, licensed truck stop establishment, licensed |
11 | | fraternal establishment, or licensed veterans establishment |
12 | | obtains its original liquor license. For the purpose of this |
13 | | subsection, "school" means an elementary or secondary public |
14 | | school, or an elementary or secondary private school registered |
15 | | with or recognized by the State Board of Education. |
16 | | Notwithstanding the provisions of this subsection (h), the |
17 | | Board may waive the requirement that a licensed establishment, |
18 | | licensed truck stop establishment, licensed fraternal |
19 | | establishment, or licensed veterans establishment not be |
20 | | located within 1,000 feet from a facility operated by an |
21 | | organization licensee or licensed under the Illinois Horse |
22 | | Racing Act of 1975 or the home dock of a riverboat licensed |
23 | | under the Riverboat Gambling Act. The Board shall not grant |
24 | | such waiver if there is any common ownership or control, shared |
25 | | business activity, or contractual arrangement of any type |
26 | | between the establishment and the organization licensee or |
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1 | | owners licensee of a riverboat. The Board shall adopt rules to |
2 | | implement the provisions of this paragraph. |
3 | | (i) Undue economic concentration. In addition to |
4 | | considering all other requirements under this Act, in deciding |
5 | | whether to approve the operation of video gaming terminals by a |
6 | | terminal operator in a location, the Board shall consider the |
7 | | impact of any economic concentration of such operation of video |
8 | | gaming terminals. The Board shall not allow a terminal operator |
9 | | to operate video gaming terminals if the Board determines such |
10 | | operation will result in undue economic concentration. For |
11 | | purposes of this Section, "undue economic concentration" means |
12 | | that a terminal operator would have such actual or potential |
13 | | influence over video gaming terminals in Illinois as to: |
14 | | (1) substantially impede or suppress competition among |
15 | | terminal operators; |
16 | | (2) adversely impact the economic stability of the |
17 | | video gaming industry in Illinois; or |
18 | | (3) negatively impact the purposes of the Video Gaming |
19 | | Act. |
20 | | The Board shall adopt rules concerning undue economic |
21 | | concentration with respect to the operation of video gaming |
22 | | terminals in Illinois. The rules shall include, but not be |
23 | | limited to, (i) limitations on the number of video gaming |
24 | | terminals operated by any terminal operator within a defined |
25 | | geographic radius and (ii) guidelines on the discontinuation of |
26 | | operation of any such video gaming terminals the Board |
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1 | | determines will cause undue economic concentration.
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2 | | (j) The provisions of the Illinois Antitrust Act are fully |
3 | | and equally applicable to the activities of any licensee under |
4 | | this Act.
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5 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, |
6 | | eff. 7-15-13; 98-112, eff. 7-26-13; revised 10-17-13.)
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7 | | (230 ILCS 40/55)
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8 | | Sec. 55. Precondition for licensed location. |
9 | | (a) In all cases of
application for a licensed location,
to |
10 | | operate a video gaming terminal,
each licensed establishment, |
11 | | licensed
fraternal establishment, or licensed veterans
|
12 | | establishment
shall
possess a valid liquor license issued by |
13 | | the Illinois Liquor Control Commission
in effect at the time of |
14 | | application
and at all times thereafter during which a video
|
15 | | gaming terminal is made available to the public for play at |
16 | | that location. Video gaming terminals in a licensed location |
17 | | shall be
operated only during the same hours of operation |
18 | | generally permitted to holders of a license under the Liquor |
19 | | Control Act of 1934 within the unit of local government in |
20 | | which they are located. A licensed truck stop establishment |
21 | | that does not hold a liquor license may operate video gaming |
22 | | terminals on a continuous basis. A licensed fraternal |
23 | | establishment or licensed veterans establishment that does not |
24 | | hold a liquor license may operate video gaming terminals if (i) |
25 | | the establishment is located in a county with a population |
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1 | | between 6,500 and 7,000, based on the 2000 U.S. Census, (ii) |
2 | | the county prohibits by ordinance the sale of alcohol, and |
3 | | (iii) the establishment is in a portion of the county where the |
4 | | sale of alcohol is prohibited. A licensed fraternal |
5 | | establishment or licensed veterans establishment
that does not |
6 | | hold a liquor license may operate video gaming terminals
if (i) |
7 | | the establishment is located in a municipality within a county |
8 | | with a population
between 8,500 and 9,000 based on the 2000 |
9 | | U.S. Census and (ii) the
municipality or county prohibits or |
10 | | limits the sale of alcohol by ordinance in a way
that prohibits |
11 | | the establishment from selling alcohol.
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12 | | (b) Beginning on the effective date of this amendatory Act |
13 | | of the 98th General Assembly, the Board shall not grant a |
14 | | license to operate as a licensed establishment to any |
15 | | establishment that applies for such a license after the |
16 | | effective date of this amendatory Act unless that establishment |
17 | | can demonstrate that at least 60% or more of its gross annual |
18 | | revenues, excluding video gaming revenues, are or will be |
19 | | derived from food and beverage sales and that at least 50% of |
20 | | all alcohol sales are consumed on the establishment's premises. |
21 | | For any establishment that applies for a license to operate as |
22 | | a licensed establishment and is granted such a license after |
23 | | the effective date of this amendatory Act of the 98th General |
24 | | Assembly, the Board shall not renew such license unless that |
25 | | establishment can demonstrate that at least 60% or more of its |
26 | | gross annual revenues, excluding video gaming revenues, are |
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1 | | derived from food and beverage sales and that least 50% of all |
2 | | alcohol sales are consumed on the establishment's premises. |
3 | | Each licensed establishment shall annually provide the Board |
4 | | with a report showing its gross annual sales total and sales by |
5 | | category, including food and beverage sales and on-premises and |
6 | | off-premises alcohol sales. The Board may audit this report. If |
7 | | the Board finds that a licensed establishment has sales of food |
8 | | and beverage that is less than 60% of its gross annual |
9 | | revenues, excluding video gaming revenues, or that less than |
10 | | 50% of all alcohol sales were consumed on the establishment's |
11 | | premises, the Board shall immediately revoke the licensed |
12 | | establishment's license. At no time shall there be more than |
13 | | 200 licensed establishments in Illinois with total revenues |
14 | | from video gaming exceeding 80% of the licensed establishment's |
15 | | gross annual revenues. Any licensed establishment that was |
16 | | licensed or had an application submitted to the Board prior to |
17 | | the effective date of this amendatory Act of the 98th General |
18 | | Assembly shall not be required to demonstrate that at least 60% |
19 | | or more of its gross annual revenues, excluding video gaming |
20 | | revenues, are or will be derived from food and beverage sales |
21 | | or that 50% or more of all alcohol sales are or will be |
22 | | consumed on the establishment's premises as required by this |
23 | | Section. This subsection (b) does not apply to any licensed |
24 | | fraternal establishment, licensed veterans establishment, or a |
25 | | bowling center or golf course that possesses a valid liquor |
26 | | license issued by the Illinois Liquor Control Commission in |
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1 | | effect at the time of application and at all times thereafter. |
2 | | For the purpose of this subsection, "bowling center" means a |
3 | | building, facility, or a premises that provides an area |
4 | | specifically designed to be used by the public for recreational |
5 | | or competitive bowling, and "golf course" means an area |
6 | | designated for the play or practice of the game of golf, |
7 | | including surrounding grounds. |
8 | | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10; |
9 | | 97-594, eff. 8-26-11.)
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10 | | (230 ILCS 40/58)
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11 | | Sec. 58. Location of terminals. Video gaming terminals |
12 | | must be located
in an area restricted to persons over 21 years |
13 | | of age the entrance to which is within the view of at least one |
14 | | employee, who is over 21 years of age, of the
establishment in |
15 | | which they are located or, if a licensed truck stop |
16 | | establishment, monitored through a closed circuit television |
17 | | monitor located on the premises and within the direct view of |
18 | | at least one employee, who is over 21 years of age. Beginning |
19 | | on March 1, 2015, each licensed establishment, licensed truck |
20 | | stop establishment, licensed fraternal establishment, and |
21 | | licensed veterans establishment shall post a sign at the |
22 | | entrance of each video gaming area stating (i) that only |
23 | | persons over 21 years of age are allowed in the area, (ii) that |
24 | | persons on the Board's self-exclusion list are prohibited from |
25 | | entering the area, and (iii) information regarding obtaining |
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1 | | assistance with gambling problems. The exact text, font size, |
2 | | and dimensions of the sign shall be determined by rule by the |
3 | | Board . The placement of video gaming terminals in licensed |
4 | | establishments, licensed truck stop establishments, licensed |
5 | | fraternal establishments, and licensed veterans establishments |
6 | | shall be subject to the rules promulgated by the Board pursuant |
7 | | to the Illinois Administrative Procedure Act.
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8 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)".
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9 | | (230 ILCS 40/59 new) |
10 | | Sec. 59. Advertising and promoting video gaming. Any |
11 | | advertising or promotional activities promoting video gaming |
12 | | conducted by a licensed establishment, licensed fraternal |
13 | | establishment, licensed veterans establishment, or licensed |
14 | | truck stop establishment shall include a statement regarding |
15 | | obtaining assistance with gambling problems, the text of which |
16 | | shall be determined by rule by the Board.
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17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.".
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