Bill Text: IL SB1725 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Riverboat Gambling Act. Adds to the duties of the Illinois Gaming Board the retention of the Chicago Police Department as security personnel and the conducting of investigations, searches and seizures, arrests, and other duties imposed under the Act if an owners license is awarded that allows for the conduct of gambling within the City of Chicago. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1725 Detail]
Download: Illinois-2013-SB1725-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 Riverboat Gambling Act is amended by | |||||||||||||||||||
5 | changing Section 5 as follows:
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6 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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7 | Sec. 5. Gaming Board.
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8 | (a) (1) There is hereby established the
Illinois Gaming | |||||||||||||||||||
9 | Board, which shall have the powers and duties specified in
this | |||||||||||||||||||
10 | Act, and all other powers necessary and proper to fully and
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11 | effectively execute this Act for the purpose of administering, | |||||||||||||||||||
12 | regulating,
and enforcing the system of riverboat gambling | |||||||||||||||||||
13 | established by this Act. Its
jurisdiction shall extend under | |||||||||||||||||||
14 | this Act to every person, association,
corporation, | |||||||||||||||||||
15 | partnership and trust involved in riverboat gambling
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16 | operations in the State of Illinois.
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17 | (2) The Board shall consist of 5 members to be appointed by | |||||||||||||||||||
18 | the Governor
with the advice and consent of the Senate, one of | |||||||||||||||||||
19 | whom shall be designated
by the Governor to be chairman. Each | |||||||||||||||||||
20 | member shall have a reasonable
knowledge of the practice, | |||||||||||||||||||
21 | procedure and principles of gambling operations.
Each member | |||||||||||||||||||
22 | shall either be a resident of Illinois or shall certify that he
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23 | will become a resident of Illinois before taking office. At |
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1 | least one member
shall be experienced in law enforcement and | ||||||
2 | criminal investigation, at
least one member shall be a | ||||||
3 | certified public accountant experienced in
accounting and | ||||||
4 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
5 | practice law in Illinois.
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6 | (3) The terms of office of the Board members shall be 3 | ||||||
7 | years, except
that the terms of office of the initial Board | ||||||
8 | members appointed pursuant to
this Act will commence from the | ||||||
9 | effective date of this Act and run as
follows: one for a term | ||||||
10 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
11 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
12 | foregoing terms, the successors of such members shall serve a | ||||||
13 | term for 3
years and until their successors are appointed and | ||||||
14 | qualified for like terms.
Vacancies in the Board shall be | ||||||
15 | filled for the unexpired term in like
manner as original | ||||||
16 | appointments. Each member of the Board shall be
eligible for | ||||||
17 | reappointment at the discretion of the Governor with the
advice | ||||||
18 | and consent of the Senate.
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19 | (4) Each member of the Board shall receive $300 for each | ||||||
20 | day the
Board meets and for each day the member conducts any | ||||||
21 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
22 | also be reimbursed for all actual
and necessary expenses and | ||||||
23 | disbursements incurred in the execution of official
duties.
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24 | (5) No person shall be appointed a member of the Board or | ||||||
25 | continue to be
a member of the Board who is, or whose spouse, | ||||||
26 | child or parent is, a member
of the board of directors of, or a |
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1 | person financially interested in, any
gambling operation | ||||||
2 | subject to the jurisdiction of this Board, or any race
track, | ||||||
3 | race meeting, racing association or the operations thereof | ||||||
4 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
5 | Board member shall
hold any other public office. No person | ||||||
6 | shall be a
member of the Board who is not of good moral | ||||||
7 | character or who has been
convicted of, or is under indictment | ||||||
8 | for, a felony under the laws of
Illinois or any other state, or | ||||||
9 | the United States.
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10 | (5.5) No member of the Board shall engage in any political | ||||||
11 | activity. For the purposes of this Section, "political" means | ||||||
12 | any activity in support
of or in connection with any campaign | ||||||
13 | for federal, State, or local elective office or any political
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14 | organization, but does not include activities (i) relating to | ||||||
15 | the support or
opposition of any executive, legislative, or | ||||||
16 | administrative action (as those
terms are defined in Section 2 | ||||||
17 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
18 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
19 | person's official
State duties or governmental and public | ||||||
20 | service functions.
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21 | (6) Any member of the Board may be removed by the Governor | ||||||
22 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
23 | in office or for engaging in any political activity.
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24 | (7) Before entering upon the discharge of the duties of his | ||||||
25 | office, each
member of the Board shall take an oath that he | ||||||
26 | will faithfully execute the
duties of his office according to |
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1 | the laws of the State and the rules and
regulations adopted | ||||||
2 | therewith and shall give bond to the State of Illinois,
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3 | approved by the Governor, in the sum of $25,000. Every such | ||||||
4 | bond, when
duly executed and approved, shall be recorded in the | ||||||
5 | office of the
Secretary of State. Whenever the Governor | ||||||
6 | determines that the bond of any
member of the Board has become | ||||||
7 | or is likely to become invalid or
insufficient, he shall | ||||||
8 | require such member forthwith to renew his bond,
which is to be | ||||||
9 | approved by the Governor. Any member of the Board who fails
to | ||||||
10 | take oath and give bond within 30 days from the date of his | ||||||
11 | appointment,
or who fails to renew his bond within 30 days | ||||||
12 | after it is demanded by the
Governor, shall be guilty of | ||||||
13 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
14 | any bond given by any member of the Board under this
Section | ||||||
15 | shall be taken to be a part of the necessary expenses of the | ||||||
16 | Board.
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17 | (8) The Board shall employ such
personnel as may be | ||||||
18 | necessary to carry out its functions and shall determine the | ||||||
19 | salaries of all personnel, except those personnel whose | ||||||
20 | salaries are determined under the terms of a collective | ||||||
21 | bargaining agreement. No
person shall be employed to serve the | ||||||
22 | Board who is, or whose spouse, parent
or child is, an official | ||||||
23 | of, or has a financial interest in or financial
relation with, | ||||||
24 | any operator engaged in gambling operations within this
State | ||||||
25 | or any organization engaged in conducting horse racing within | ||||||
26 | this
State. Any employee violating these prohibitions shall be |
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1 | subject to
termination of employment.
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2 | (9) An Administrator shall perform any and all duties that | ||||||
3 | the Board
shall assign him. The salary of the Administrator | ||||||
4 | shall be determined by
the Board and, in addition,
he shall be | ||||||
5 | reimbursed for all actual and necessary expenses incurred by
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6 | him in discharge of his official duties. The Administrator | ||||||
7 | shall keep
records of all proceedings of the Board and shall | ||||||
8 | preserve all records,
books, documents and other papers | ||||||
9 | belonging to the Board or entrusted to
its care. The | ||||||
10 | Administrator shall devote his full time to the duties of
the | ||||||
11 | office and shall not hold any other office or employment.
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12 | (b) The Board shall have general responsibility for the | ||||||
13 | implementation
of this Act. Its duties include, without | ||||||
14 | limitation, the following:
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15 | (1) To decide promptly and in reasonable order all | ||||||
16 | license applications.
Any party aggrieved by an action of | ||||||
17 | the Board denying, suspending,
revoking, restricting or | ||||||
18 | refusing to renew a license may request a hearing
before | ||||||
19 | the Board. A request for a hearing must be made to the | ||||||
20 | Board in
writing within 5 days after service of notice of | ||||||
21 | the action of the Board.
Notice of the action of the Board | ||||||
22 | shall be served either by personal
delivery or by certified | ||||||
23 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
24 | served by certified mail shall be deemed complete on the | ||||||
25 | business
day following the date of such mailing. The Board | ||||||
26 | shall conduct all
requested hearings promptly and in |
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1 | reasonable order;
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2 | (2) To conduct all hearings pertaining to civil | ||||||
3 | violations of this Act
or rules and regulations promulgated | ||||||
4 | hereunder;
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5 | (3) To promulgate such rules and regulations as in its | ||||||
6 | judgment may be
necessary to protect or enhance the | ||||||
7 | credibility and integrity of gambling
operations | ||||||
8 | authorized by this Act and the regulatory process | ||||||
9 | hereunder;
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10 | (4) To provide for the establishment and collection of | ||||||
11 | all license and
registration fees and taxes imposed by this | ||||||
12 | Act and the rules and
regulations issued pursuant hereto. | ||||||
13 | All such fees and taxes shall be
deposited into the State | ||||||
14 | Gaming Fund;
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15 | (5) To provide for the levy and collection of penalties | ||||||
16 | and fines for the
violation of provisions of this Act and | ||||||
17 | the rules and regulations
promulgated hereunder. All such | ||||||
18 | fines and penalties shall be deposited
into the Education | ||||||
19 | Assistance Fund, created by Public Act 86-0018, of the
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20 | State of Illinois;
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21 | (6) To be present through its inspectors and agents any | ||||||
22 | time gambling
operations are conducted on any riverboat for | ||||||
23 | the purpose of certifying the
revenue thereof, receiving | ||||||
24 | complaints from the public, and conducting such
other | ||||||
25 | investigations into the conduct of the gambling games and | ||||||
26 | the
maintenance of the equipment as from time to time the |
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1 | Board may deem
necessary and proper;
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2 | (7) To review and rule upon any complaint by a licensee
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3 | regarding any investigative procedures of the State which | ||||||
4 | are unnecessarily
disruptive of gambling operations. The | ||||||
5 | need to inspect and investigate
shall be presumed at all | ||||||
6 | times. The disruption of a licensee's operations
shall be | ||||||
7 | proved by clear and convincing evidence, and establish | ||||||
8 | that: (A)
the procedures had no reasonable law enforcement | ||||||
9 | purposes, and (B) the
procedures were so disruptive as to | ||||||
10 | unreasonably inhibit gambling operations;
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11 | (8) To hold at least one meeting each quarter of the | ||||||
12 | fiscal
year. In addition, special meetings may be called by | ||||||
13 | the Chairman or any 2
Board members upon 72 hours written | ||||||
14 | notice to each member. All Board
meetings shall be subject | ||||||
15 | to the Open Meetings Act. Three members of the
Board shall | ||||||
16 | constitute a quorum, and 3 votes shall be required for any
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17 | final determination by the Board. The Board shall keep a | ||||||
18 | complete and
accurate record of all its meetings. A | ||||||
19 | majority of the members of the Board
shall constitute a | ||||||
20 | quorum for the transaction of any business, for the
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21 | performance of any duty, or for the exercise of any power | ||||||
22 | which this Act
requires the Board members to transact, | ||||||
23 | perform or exercise en banc, except
that, upon order of the | ||||||
24 | Board, one of the Board members or an
administrative law | ||||||
25 | judge designated by the Board may conduct any hearing
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26 | provided for under this Act or by Board rule and may |
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1 | recommend findings and
decisions to the Board. The Board | ||||||
2 | member or administrative law judge
conducting such hearing | ||||||
3 | shall have all powers and rights granted to the
Board in | ||||||
4 | this Act. The record made at the time of the hearing shall | ||||||
5 | be
reviewed by the Board, or a majority thereof, and the | ||||||
6 | findings and decision
of the majority of the Board shall | ||||||
7 | constitute the order of the Board in
such case;
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8 | (9) To maintain records which are separate and distinct | ||||||
9 | from the records
of any other State board or commission. | ||||||
10 | Such records shall be available
for public inspection and | ||||||
11 | shall accurately reflect all Board proceedings;
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12 | (10) To file a written annual report with the Governor | ||||||
13 | on or before
March 1 each year and such additional reports | ||||||
14 | as the Governor may request.
The annual report shall | ||||||
15 | include a statement of receipts and disbursements
by the | ||||||
16 | Board, actions taken by the Board, and any additional | ||||||
17 | information
and recommendations which the Board may deem | ||||||
18 | valuable or which the Governor
may request;
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19 | (11) (Blank);
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20 | (12) (Blank);
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21 | (13) To assume responsibility for administration and | ||||||
22 | enforcement of the
Video Gaming Act; and | ||||||
23 | (14) To adopt, by rule, a code of conduct governing | ||||||
24 | Board members and employees that ensure, to the maximum | ||||||
25 | extent possible, that persons subject to this Code avoid | ||||||
26 | situations, relationships, or associations that may |
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1 | represent or lead to a conflict of interest.
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2 | (c) The Board shall have jurisdiction over and shall | ||||||
3 | supervise all
gambling operations governed by this Act. The | ||||||
4 | Board shall have all powers
necessary and proper to fully and | ||||||
5 | effectively execute the provisions of
this Act, including, but | ||||||
6 | not limited to, the following:
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7 | (1) To investigate applicants and determine the | ||||||
8 | eligibility of
applicants for licenses and to select among | ||||||
9 | competing applicants the
applicants which best serve the | ||||||
10 | interests of the citizens of Illinois.
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11 | (2) To have jurisdiction and supervision over all | ||||||
12 | riverboat gambling
operations in this State and all persons | ||||||
13 | on riverboats where gambling
operations are conducted.
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14 | (3) To promulgate rules and regulations for the purpose | ||||||
15 | of administering
the provisions of this Act and to | ||||||
16 | prescribe rules, regulations and
conditions under which | ||||||
17 | all riverboat gambling in the State shall be
conducted. | ||||||
18 | Such rules and regulations are to provide for the | ||||||
19 | prevention of
practices detrimental to the public interest | ||||||
20 | and for the best interests of
riverboat gambling, including | ||||||
21 | rules and regulations regarding the
inspection of such | ||||||
22 | riverboats and the review of any permits or licenses
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23 | necessary to operate a riverboat under any laws or | ||||||
24 | regulations applicable
to riverboats, and to impose | ||||||
25 | penalties for violations thereof.
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26 | (4) To enter the office, riverboats, facilities, or |
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1 | other
places of business of a licensee, where evidence of | ||||||
2 | the compliance or
noncompliance with the provisions of this | ||||||
3 | Act is likely to be found.
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4 | (5) To investigate alleged violations of this Act or | ||||||
5 | the
rules of the Board and to take appropriate disciplinary
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6 | action against a licensee or a holder of an occupational | ||||||
7 | license for a
violation, or institute appropriate legal | ||||||
8 | action for enforcement, or both.
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9 | (6) To adopt standards for the licensing of all persons | ||||||
10 | under this Act,
as well as for electronic or mechanical | ||||||
11 | gambling games, and to establish
fees for such licenses.
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12 | (7) To adopt appropriate standards for all riverboats
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13 | and facilities.
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14 | (8) To require that the records, including financial or | ||||||
15 | other statements
of any licensee under this Act, shall be | ||||||
16 | kept in such manner as prescribed
by the Board and that any | ||||||
17 | such licensee involved in the ownership or
management of | ||||||
18 | gambling operations submit to the Board an annual balance
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19 | sheet and profit and loss statement, list of the | ||||||
20 | stockholders or other
persons having a 1% or greater | ||||||
21 | beneficial interest in the gambling
activities of each | ||||||
22 | licensee, and any other information the Board deems
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23 | necessary in order to effectively administer this Act and | ||||||
24 | all rules,
regulations, orders and final decisions | ||||||
25 | promulgated under this Act.
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26 | (9) To conduct hearings, issue subpoenas for the |
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1 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
2 | production of books, records
and other pertinent documents | ||||||
3 | in accordance with the Illinois
Administrative Procedure | ||||||
4 | Act, and to administer oaths and affirmations to
the | ||||||
5 | witnesses, when, in the judgment of the Board, it is | ||||||
6 | necessary to
administer or enforce this Act or the Board | ||||||
7 | rules.
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8 | (10) To prescribe a form to be used by any licensee | ||||||
9 | involved in the
ownership or management of gambling | ||||||
10 | operations as an
application for employment for their | ||||||
11 | employees.
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12 | (11) To revoke or suspend licenses, as the Board may | ||||||
13 | see fit and in
compliance with applicable laws of the State | ||||||
14 | regarding administrative
procedures, and to review | ||||||
15 | applications for the renewal of licenses. The
Board may | ||||||
16 | suspend an owners license, without notice or hearing upon a
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17 | determination that the safety or health of patrons or | ||||||
18 | employees is
jeopardized by continuing a riverboat's | ||||||
19 | operation. The suspension may
remain in effect until the | ||||||
20 | Board determines that the cause for suspension
has been | ||||||
21 | abated. The Board may revoke the owners license upon a
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22 | determination that the owner has not made satisfactory | ||||||
23 | progress toward
abating the hazard.
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24 | (12) To eject or exclude or authorize the ejection or | ||||||
25 | exclusion of, any
person from riverboat gambling | ||||||
26 | facilities where such person is in violation
of this Act, |
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1 | rules and regulations thereunder, or final orders of the
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2 | Board, or where such person's conduct or reputation is such | ||||||
3 | that his
presence within the riverboat gambling facilities | ||||||
4 | may, in the opinion of
the Board, call into question the | ||||||
5 | honesty and integrity of the gambling
operations or | ||||||
6 | interfere with orderly conduct thereof; provided that the
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7 | propriety of such ejection or exclusion is subject to | ||||||
8 | subsequent hearing
by the Board.
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9 | (13) To require all licensees of gambling operations to | ||||||
10 | utilize a
cashless wagering system whereby all players' | ||||||
11 | money is converted to tokens,
electronic cards, or chips | ||||||
12 | which shall be used only for wagering in the
gambling | ||||||
13 | establishment.
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14 | (14) (Blank).
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15 | (15) To suspend, revoke or restrict licenses, to | ||||||
16 | require the
removal of a licensee or an employee of a | ||||||
17 | licensee for a violation of this
Act or a Board rule or for | ||||||
18 | engaging in a fraudulent practice, and to
impose civil | ||||||
19 | penalties of up to $5,000 against individuals and up to
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20 | $10,000 or an amount equal to the daily gross receipts, | ||||||
21 | whichever is
larger, against licensees for each violation | ||||||
22 | of any provision of the Act,
any rules adopted by the | ||||||
23 | Board, any order of the Board or any other action
which, in | ||||||
24 | the Board's discretion, is a detriment or impediment to | ||||||
25 | riverboat
gambling operations.
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26 | (16) To hire employees to gather information, conduct |
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1 | investigations
and carry out any other tasks contemplated | ||||||
2 | under this Act.
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3 | (17) To establish minimum levels of insurance to be | ||||||
4 | maintained by
licensees.
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5 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
6 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
7 | of 1934 on board a riverboat
and to have exclusive | ||||||
8 | authority to establish the hours for sale and
consumption | ||||||
9 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
10 | any
provision of the Liquor Control Act of 1934 or any | ||||||
11 | local ordinance, and
regardless of whether the riverboat | ||||||
12 | makes excursions. The
establishment of the hours for sale | ||||||
13 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
14 | an exclusive power and function of the State. A home
rule | ||||||
15 | unit may not establish the hours for sale and consumption | ||||||
16 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
17 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
18 | and functions under subsection (h) of
Section 6 of Article | ||||||
19 | VII of the Illinois Constitution.
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20 | (19) After consultation with the U.S. Army Corps of | ||||||
21 | Engineers, to
establish binding emergency orders upon the | ||||||
22 | concurrence of a majority of
the members of the Board | ||||||
23 | regarding the navigability of water, relative to
| ||||||
24 | excursions,
in the event
of extreme weather conditions, | ||||||
25 | acts of God or other extreme circumstances.
| ||||||
26 | (20) To delegate the execution of any of its powers |
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| |||||||
1 | under this Act for
the purpose of administering and | ||||||
2 | enforcing this Act and its rules and
regulations hereunder.
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3 | (20.5) To approve any contract entered into on its | ||||||
4 | behalf.
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5 | (20.6) To appoint investigators to conduct | ||||||
6 | investigations, searches, seizures, arrests, and other | ||||||
7 | duties imposed under this Act, as deemed necessary by the | ||||||
8 | Board. These investigators have and may exercise all of the | ||||||
9 | rights and powers of peace officers, provided that these | ||||||
10 | powers shall be limited to offenses or violations occurring | ||||||
11 | or committed on a riverboat or dock, as defined in | ||||||
12 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
13 | provided by this Act or any other law. | ||||||
14 | (20.7) To contract with the Department of State Police | ||||||
15 | for the use of trained and qualified State police officers | ||||||
16 | and with the Department of Revenue for the use of trained | ||||||
17 | and qualified Department of Revenue investigators to | ||||||
18 | conduct investigations, searches, seizures, arrests, and | ||||||
19 | other duties imposed under this Act and to exercise all of | ||||||
20 | the rights and powers of peace officers, provided that the | ||||||
21 | powers of Department of Revenue investigators under this | ||||||
22 | subdivision (20.7) shall be limited to offenses or | ||||||
23 | violations occurring or committed on a riverboat or dock, | ||||||
24 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
25 | otherwise provided by this Act or any other law. In the | ||||||
26 | event the Department of State Police or the Department of |
| |||||||
| |||||||
1 | Revenue is unable to fill contracted police or | ||||||
2 | investigative positions, the Board may appoint | ||||||
3 | investigators to fill those positions pursuant to | ||||||
4 | subdivision (20.6).
| ||||||
5 | (20.8) If an owners license is awarded under this Act | ||||||
6 | that allows for the conduct of gambling within the City of | ||||||
7 | Chicago, to retain the Chicago Police Department as | ||||||
8 | security personnel and to conduct investigations, searches | ||||||
9 | and seizures, arrests, and other duties imposed under this | ||||||
10 | Act.
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11 | (21) To take any other action as may be reasonable or | ||||||
12 | appropriate to
enforce this Act and rules and regulations | ||||||
13 | hereunder.
| ||||||
14 | (d) The Board may seek and shall receive the cooperation of | ||||||
15 | the
Department of State Police in conducting background | ||||||
16 | investigations of
applicants and in fulfilling its | ||||||
17 | responsibilities under
this Section. Costs incurred by the | ||||||
18 | Department of State Police as
a result of such cooperation | ||||||
19 | shall be paid by the Board in conformance
with the requirements | ||||||
20 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
21 | ILCS 2605/2605-400).
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22 | (e) The Board must authorize to each investigator and to | ||||||
23 | any other
employee of the Board exercising the powers of a | ||||||
24 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
25 | states that the badge is authorized by the Board
and
(ii) | ||||||
26 | contains a unique identifying number. No other badge shall be |
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1 | authorized
by the Board.
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2 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
3 | 96-1000, eff. 7-2-10; 96-1392, eff. 1-1-11.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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