Bill Text: IL SB0712 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Video Gaming Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Failed) 2015-01-13 - Session Sine Die [SB0712 Detail]

Download: Illinois-2013-SB0712-Engrossed.html

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AN ACT concerning gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Video Gaming Act is amended by changing
Section 45 as follows:
(230 ILCS 40/45)
Sec. 45. Issuance of license.
(a) The burden is upon each applicant to demonstrate his
suitability for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, and licensed veterans
establishment shall be licensed by the Board. The Board may
issue or deny a license under this Act to any person pursuant
to the same criteria set forth in Section 9 of the Riverboat
Gambling Act.
(a-5) The Board shall not grant a license to a person who
has facilitated, enabled, or participated in the use of
coin-operated devices for gambling purposes or who is under the
significant influence or control of such a person. For the
purposes of this Act, "facilitated, enabled, or participated in
the use of coin-operated amusement devices for gambling
purposes" means that the person has been convicted of any

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violation of Article 28 of the Criminal Code of 1961 or the
Criminal Code of 2012. If there is pending legal action against
a person for any such violation, then the Board shall delay the
licensure of that person until the legal action is resolved.
(b) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall submit to a background
investigation conducted by the Board with the assistance of the
State Police or other law enforcement. To the extent that the
corporate structure of the applicant allows, the background
investigation shall include any or all of the following as the
Board deems appropriate or as provided by rule for each
category of licensure: (i) each beneficiary of a trust, (ii)
each partner of a partnership, (iii) each member of a limited
liability company, (iv) each director and officer of a publicly
or non-publicly held corporation, (v) each stockholder of a
non-publicly held corporation, (vi) each stockholder of 5% or
more of a publicly held corporation, or (vii) each stockholder
of 5% or more in a parent or subsidiary corporation. In the
course of conducting background investigations authorized
under this Section, the Board has the discretion to determine
whether to conduct a background investigation of a person or
entity who holds an indirect interest in the person seeking
licensure who: (1) holds such interest for investment purposes

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only; (2) does not exercise any control over the activities of
the person seeking and possessing a license; and (3) is a
limited partner in a partnership whose general partner is
controlled, directly or indirectly, by an investment adviser
registered under the federal Investment Advisers Act of 1940.
(c) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall disclose the identity of every
person, association, trust, corporation, or limited liability
company having a greater than 1% direct or indirect pecuniary
interest in the video gaming terminal operation for which the
license is sought. If the disclosed entity is a trust, the
application shall disclose the names and addresses of the
beneficiaries; if a corporation, the names and addresses of all
stockholders and directors; if a limited liability company, the
names and addresses of all members; or if a partnership, the
names and addresses of all partners, both general and limited.
The Board has discretion to determine whether to apply the
disclosure requirement of this subsection (c) as it relates to
the beneficiaries, stock holders, directors, members, or
partners of an entity who holds an indirect interest in a
person seeking licensure if the entity: (1) holds an interest
for investment purposes only; (2) does not exercise any control
over the activities of the person seeking and possessing a

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license; and (3) is a limited partner in a partnership whose
general partner is controlled by an investment adviser
registered under the federal Investment Advisers Act of 1940.
(d) No person may be licensed as a video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment if that person has been found by the Board to:
(1) have a background, including a criminal record,
reputation, habits, social or business associations, or
prior activities that pose a threat to the public interests
of the State or to the security and integrity of video
gaming;
(2) create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, and activities in
the conduct of video gaming; or
(3) present questionable business practices and
financial arrangements incidental to the conduct of video
gaming activities.
(e) Any applicant for any license under this Act has the
burden of proving his or her qualifications to the satisfaction
of the Board. The Board may adopt rules to establish additional
qualifications and requirements to preserve the integrity and
security of video gaming in this State.
(f) A non-refundable application fee shall be paid at the
time an application for a license is filed with the Board in

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the following amounts:
(1) Manufacturer..........................$5,000
(2) Distributor...........................$5,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,500
(5) Technician..............................$100
(6) Terminal Handler..............................$50
(g) The Board shall establish an annual fee for each
license not to exceed the following:
(1) Manufacturer.........................$10,000
(2) Distributor..........................$10,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,000
(5) Technician..............................$100
(6) Licensed establishment, licensed truck stop
establishment, licensed fraternal establishment,
or licensed veterans establishment..............$100
(7) Video gaming terminal...................$100
(8) Terminal Handler..............................$50
(h) A terminal operator and a licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment shall
equally split the fees specified in item (7) of subsection (g).
(Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13;
98-587, eff. 8-27-13; revised 9-19-13.)
Section 99. Effective date. This Act takes effect upon

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becoming law.