Rep. Ed Sullivan, Jr.
Filed: 2/14/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 5017




2 AMENDMENT NO. ______. Amend House Bill 5017 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Charitable Games Act is amended by changing 
5Sections 4, 5.1, and 8 as follows:




6 (230 ILCS 30/4) (from Ch. 120, par. 1124)


7 Sec. 4. Licensing Restrictions. Licensing for the 
8conducting of
charitable games is subject to the following 
9restrictions:


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.


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.


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

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

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.


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.


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.


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.



14  (6) (Blank).


15  (7) (Blank).


16  (8) A license is not assignable or transferable.


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.


24  (10) Auxiliary organizations of a licensee shall not be

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.


2  (11) Charitable games must be conducted in accordance 
3 with
local
building and fire code requirements.


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

8 of the game.

9 Nothing in this Section shall be construed to prohibit a 
10licensee that
conducts charitable games on its own premises 
11from also obtaining a
providers' license in accordance with 
12Section 5.1.
The maximum number of charitable games events that 
13may be held in any one
premises is limited to no more than 12 
14charitable games events per calendar year one charitable games 
15event per month.

16(Source: P.A. 98-377, eff. 1-1-14.)





17 (230 ILCS 30/5.1) (from Ch. 120, par. 1125.1)



18 Sec. 5.1. If a licensee conducts charitable games on its 
19own premises,
the licensee may also obtain a providers' license 
20in accordance with
Section 5 to allow the licensee to rent or 
21otherwise provide its
premises to another licensee for the 
22conducting of an additional 4
charitable games events. The 
23maximum number of charitable games events that
may be held at 
24any one premises is limited to 12 8 charitable games events per

25calendar year.

 
 
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1(Source: P.A. 94-986, eff. 6-30-06.)





2 (230 ILCS 30/8) (from Ch. 120, par. 1128)


3 Sec. 8. The conducting of charitable games is subject to 
4the following
restrictions:


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.


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

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

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

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.


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

8 operation of the games. Participation in the management or

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.


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.


17  (4) No single bet at any house-banked game may exceed 
18 $20.


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

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.


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

8 listing of all prizes awarded, including the retail value 
9 of all prizes awarded.


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.



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.


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.


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.


3  (11) No one other than the sponsoring organization
of 
4 charitable games must have a proprietary
interest in the 
5 game promoted.


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.


9  (13) Such games are not expressly prohibited by county

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.


18  (14) The sale of tangible personal property at 
19 charitable games is
subject to all State and local taxes 
20 and obligations.


21  (15) Each licensee may offer or conduct only the games

22 listed
below,
which must be conducted in accordance with

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.


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. 


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.


19  (18) No credit shall be extended to any of the 
20 participants.


21  (19) (Blank).


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.


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.


6  (22) (Blank).

7(Source: P.A. 98-377, eff. 1-1-14.)



8 Section 99. Effective date. This Act takes effect upon 
9becoming law.".