Bill Text: IL SB1937 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Riverboat Gambling Act. For a riverboat with annual adjusted gross receipts of less than $50,000,000, (i) eliminates the admissions tax and (ii) imposes an additional 1% privilege tax, the proceeds of which shall be paid monthly to the unit of local government that is designated as the home dock of the riverboat upon which those riverboat gambling operations are conducted. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-29 - Public Act . . . . . . . . . 96-1392 [SB1937 Detail]
Download: Illinois-2009-SB1937-Enrolled.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 Sections 4, 5, 5.1, 6, 7, 9, 11, 12, 13, 15, and 18 and | ||||||
6 | by adding Section 5.2 as follows:
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7 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
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8 | Sec. 4. Definitions. As used in this Act:
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9 | (a) "Board" means the Illinois Gaming Board.
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10 | (b) "Occupational license" means a license issued by the | ||||||
11 | Board to a
person or entity to perform an occupation which the | ||||||
12 | Board has identified as
requiring a license to engage in | ||||||
13 | riverboat gambling in Illinois.
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14 | (c) "Gambling game" includes, but is not limited to, | ||||||
15 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
16 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
17 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
18 | pull tab which is authorized by the Board
as a wagering device | ||||||
19 | under this Act.
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20 | (d) "Riverboat" means a self-propelled excursion boat, a
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21 | permanently moored barge, or permanently moored barges that are | ||||||
22 | permanently
fixed together to operate as one vessel, on which | ||||||
23 | lawful gambling is
authorized and licensed as
provided in this |
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1 | Act.
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2 | (e) "Managers license" means a license issued by the Board | ||||||
3 | to a person or
entity
to manage gambling operations conducted | ||||||
4 | by the State pursuant to Section 7.3.
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5 | (f) "Dock" means the location where a riverboat moors for | ||||||
6 | the purpose of
embarking passengers for and disembarking | ||||||
7 | passengers from the riverboat.
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8 | (g) "Gross receipts" means the total amount of money | ||||||
9 | exchanged for the
purchase of chips, tokens or electronic cards | ||||||
10 | by riverboat patrons.
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11 | (h) "Adjusted gross receipts" means the gross receipts less
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12 | winnings paid to wagerers.
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13 | (i) "Cheat" means to alter the selection of criteria which | ||||||
14 | determine the
result of a gambling game or the amount or | ||||||
15 | frequency of payment in a gambling
game.
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16 | (j) (Blank) "Department" means the Department of Revenue .
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17 | (k) "Gambling operation" means the conduct of authorized | ||||||
18 | gambling games
upon a riverboat.
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19 | (l) "License bid" means the lump sum amount of money that | ||||||
20 | an applicant
bids and agrees to pay the State in return for an | ||||||
21 | owners license that is
re-issued on or after July 1, 2003.
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22 | (m) The terms "minority person" , and "female" , and "person | ||||||
23 | with a disability" shall have the same meaning
as
defined in
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24 | Section 2 of the Business Enterprise for Minorities, Females, | ||||||
25 | and Persons with
Disabilities Act.
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26 | (Source: P.A. 95-331, eff. 8-21-07.)
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1 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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2 | Sec. 5. Gaming Board.
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3 | (a) (1) There is hereby established the within the | ||||||
4 | Department of Revenue an
Illinois Gaming Board , which shall | ||||||
5 | have the powers and duties specified in
this Act, and all other | ||||||
6 | powers necessary and proper to fully and
effectively execute | ||||||
7 | this Act for the purpose of administering, regulating,
and | ||||||
8 | enforcing the system of riverboat gambling established by this | ||||||
9 | Act. Its
jurisdiction shall extend under this Act to every | ||||||
10 | person, association,
corporation, partnership and trust | ||||||
11 | involved in riverboat gambling
operations in the State of | ||||||
12 | Illinois.
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13 | (2) The Board shall consist of 5 members to be appointed by | ||||||
14 | the Governor
with the advice and consent of the Senate, one of | ||||||
15 | whom shall be designated
by the Governor to be chairman. Each | ||||||
16 | member shall have a reasonable
knowledge of the practice, | ||||||
17 | procedure and principles of gambling operations.
Each member | ||||||
18 | shall either be a resident of Illinois or shall certify that he
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19 | will become a resident of Illinois before taking office. At | ||||||
20 | least one member
shall be experienced in law enforcement and | ||||||
21 | criminal investigation, at
least one member shall be a | ||||||
22 | certified public accountant experienced in
accounting and | ||||||
23 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
24 | practice law in Illinois.
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25 | (3) The terms of office of the Board members shall be 3 |
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1 | years, except
that the terms of office of the initial Board | ||||||
2 | members appointed pursuant to
this Act will commence from the | ||||||
3 | effective date of this Act and run as
follows: one for a term | ||||||
4 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
5 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
6 | foregoing terms, the successors of such members shall serve a | ||||||
7 | term for 3
years and until their successors are appointed and | ||||||
8 | qualified for like terms.
Vacancies in the Board shall be | ||||||
9 | filled for the unexpired term in like
manner as original | ||||||
10 | appointments. Each member of the Board shall be
eligible for | ||||||
11 | reappointment at the discretion of the Governor with the
advice | ||||||
12 | and consent of the Senate.
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13 | (4) Each member of the Board shall receive $300 for each | ||||||
14 | day the
Board meets and for each day the member conducts any | ||||||
15 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
16 | also be reimbursed for all actual
and necessary expenses and | ||||||
17 | disbursements incurred in the execution of official
duties.
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18 | (5) No person shall be appointed a member of the Board or | ||||||
19 | continue to be
a member of the Board who is, or whose spouse, | ||||||
20 | child or parent is, a member
of the board of directors of, or a | ||||||
21 | person financially interested in, any
gambling operation | ||||||
22 | subject to the jurisdiction of this Board, or any race
track, | ||||||
23 | race meeting, racing association or the operations thereof | ||||||
24 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
25 | Board member shall
hold any other public office for which he | ||||||
26 | shall receive compensation other
than necessary travel or other |
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1 | incidental expenses . No person shall be a
member of the Board | ||||||
2 | who is not of good moral character or who has been
convicted | ||||||
3 | of, or is under indictment for, a felony under the laws of
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4 | Illinois or any other state, or the United States.
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5 | (5.5) No member of the Board shall engage in any political | ||||||
6 | activity. For the purposes of this Section, "political" means | ||||||
7 | any activity in support
of or in connection with any campaign | ||||||
8 | for federal, State, or local elective office or any political
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9 | organization, but does not include activities (i) relating to | ||||||
10 | the support or
opposition of any executive, legislative, or | ||||||
11 | administrative action (as those
terms are defined in Section 2 | ||||||
12 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
13 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
14 | person's official
State duties or governmental and public | ||||||
15 | service functions.
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16 | (6) Any member of the Board may be removed by the Governor | ||||||
17 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
18 | in office or for engaging in any political activity .
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19 | (7) Before entering upon the discharge of the duties of his | ||||||
20 | office, each
member of the Board shall take an oath that he | ||||||
21 | will faithfully execute the
duties of his office according to | ||||||
22 | the laws of the State and the rules and
regulations adopted | ||||||
23 | therewith and shall give bond to the State of Illinois,
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24 | approved by the Governor, in the sum of $25,000. Every such | ||||||
25 | bond, when
duly executed and approved, shall be recorded in the | ||||||
26 | office of the
Secretary of State. Whenever the Governor |
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1 | determines that the bond of any
member of the Board has become | ||||||
2 | or is likely to become invalid or
insufficient, he shall | ||||||
3 | require such member forthwith to renew his bond,
which is to be | ||||||
4 | approved by the Governor. Any member of the Board who fails
to | ||||||
5 | take oath and give bond within 30 days from the date of his | ||||||
6 | appointment,
or who fails to renew his bond within 30 days | ||||||
7 | after it is demanded by the
Governor, shall be guilty of | ||||||
8 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
9 | any bond given by any member of the Board under this
Section | ||||||
10 | shall be taken to be a part of the necessary expenses of the | ||||||
11 | Board.
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12 | (8) The Upon the request of the Board , the Department shall | ||||||
13 | employ such
personnel as may be necessary to carry out its the | ||||||
14 | functions and shall determine the salaries of all personnel, | ||||||
15 | except those personnel whose salaries are determined under the | ||||||
16 | terms of a collective bargaining agreement of the Board . No
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17 | person shall be employed to serve the Board who is, or whose | ||||||
18 | spouse, parent
or child is, an official of, or has a financial | ||||||
19 | interest in or financial
relation with, any operator engaged in | ||||||
20 | gambling operations within this
State or any organization | ||||||
21 | engaged in conducting horse racing within this
State. Any | ||||||
22 | employee violating these prohibitions shall be subject to
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23 | termination of employment.
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24 | (9) An Administrator shall perform any and all duties that | ||||||
25 | the Board
shall assign him. The salary of the Administrator | ||||||
26 | shall be determined by
the Board and approved by the Director |
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1 | of the Department and, in addition,
he shall be reimbursed for | ||||||
2 | all actual and necessary expenses incurred by
him in discharge | ||||||
3 | of his official duties. The Administrator shall keep
records of | ||||||
4 | all proceedings of the Board and shall preserve all records,
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5 | books, documents and other papers belonging to the Board or | ||||||
6 | entrusted to
its care. The Administrator shall devote his full | ||||||
7 | time to the duties of
the office and shall not hold any other | ||||||
8 | office or employment.
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9 | (b) The Board shall have general responsibility for the | ||||||
10 | implementation
of this Act. Its duties include, without | ||||||
11 | limitation, the following:
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12 | (1) To decide promptly and in reasonable order all | ||||||
13 | license applications.
Any party aggrieved by an action of | ||||||
14 | the Board denying, suspending,
revoking, restricting or | ||||||
15 | refusing to renew a license may request a hearing
before | ||||||
16 | the Board. A request for a hearing must be made to the | ||||||
17 | Board in
writing within 5 days after service of notice of | ||||||
18 | the action of the Board.
Notice of the action of the Board | ||||||
19 | shall be served either by personal
delivery or by certified | ||||||
20 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
21 | served by certified mail shall be deemed complete on the | ||||||
22 | business
day following the date of such mailing. The Board | ||||||
23 | shall conduct all
requested hearings promptly and in | ||||||
24 | reasonable order;
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25 | (2) To conduct all hearings pertaining to civil | ||||||
26 | violations of this Act
or rules and regulations promulgated |
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1 | hereunder;
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2 | (3) To promulgate such rules and regulations as in its | ||||||
3 | judgment may be
necessary to protect or enhance the | ||||||
4 | credibility and integrity of gambling
operations | ||||||
5 | authorized by this Act and the regulatory process | ||||||
6 | hereunder;
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7 | (4) To provide for the establishment and collection of | ||||||
8 | all license and
registration fees and taxes imposed by this | ||||||
9 | Act and the rules and
regulations issued pursuant hereto. | ||||||
10 | All such fees and taxes shall be
deposited into the State | ||||||
11 | Gaming Fund;
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12 | (5) To provide for the levy and collection of penalties | ||||||
13 | and fines for the
violation of provisions of this Act and | ||||||
14 | the rules and regulations
promulgated hereunder. All such | ||||||
15 | fines and penalties shall be deposited
into the Education | ||||||
16 | Assistance Fund, created by Public Act 86-0018, of the
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17 | State of Illinois;
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18 | (6) To be present through its inspectors and agents any | ||||||
19 | time gambling
operations are conducted on any riverboat for | ||||||
20 | the purpose of certifying the
revenue thereof, receiving | ||||||
21 | complaints from the public, and conducting such
other | ||||||
22 | investigations into the conduct of the gambling games and | ||||||
23 | the
maintenance of the equipment as from time to time the | ||||||
24 | Board may deem
necessary and proper;
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25 | (7) To review and rule upon any complaint by a licensee
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26 | regarding any investigative procedures of the State which |
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1 | are unnecessarily
disruptive of gambling operations. The | ||||||
2 | need to inspect and investigate
shall be presumed at all | ||||||
3 | times. The disruption of a licensee's operations
shall be | ||||||
4 | proved by clear and convincing evidence, and establish | ||||||
5 | that: (A)
the procedures had no reasonable law enforcement | ||||||
6 | purposes, and (B) the
procedures were so disruptive as to | ||||||
7 | unreasonably inhibit gambling operations;
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8 | (8) To hold at least one meeting each quarter of the | ||||||
9 | fiscal
year. In addition, special meetings may be called by | ||||||
10 | the Chairman or any 2
Board members upon 72 hours written | ||||||
11 | notice to each member. All Board
meetings shall be subject | ||||||
12 | to the Open Meetings Act. Three members of the
Board shall | ||||||
13 | constitute a quorum, and 3 votes shall be required for any
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14 | final determination by the Board. The Board shall keep a | ||||||
15 | complete and
accurate record of all its meetings. A | ||||||
16 | majority of the members of the Board
shall constitute a | ||||||
17 | quorum for the transaction of any business, for the
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18 | performance of any duty, or for the exercise of any power | ||||||
19 | which this Act
requires the Board members to transact, | ||||||
20 | perform or exercise en banc, except
that, upon order of the | ||||||
21 | Board, one of the Board members or an
administrative law | ||||||
22 | judge designated by the Board may conduct any hearing
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23 | provided for under this Act or by Board rule and may | ||||||
24 | recommend findings and
decisions to the Board. The Board | ||||||
25 | member or administrative law judge
conducting such hearing | ||||||
26 | shall have all powers and rights granted to the
Board in |
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1 | this Act. The record made at the time of the hearing shall | ||||||
2 | be
reviewed by the Board, or a majority thereof, and the | ||||||
3 | findings and decision
of the majority of the Board shall | ||||||
4 | constitute the order of the Board in
such case;
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5 | (9) To maintain records which are separate and distinct | ||||||
6 | from the records
of any other State board or commission. | ||||||
7 | Such records shall be available
for public inspection and | ||||||
8 | shall accurately reflect all Board proceedings;
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9 | (10) To file a written annual report with the Governor | ||||||
10 | on or before
March 1 each year and such additional reports | ||||||
11 | as the Governor may request.
The annual report shall | ||||||
12 | include a statement of receipts and disbursements
by the | ||||||
13 | Board, actions taken by the Board, and any additional | ||||||
14 | information
and recommendations which the Board may deem | ||||||
15 | valuable or which the Governor
may request;
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16 | (11) (Blank);
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17 | (12) (Blank); To assume responsibility for the | ||||||
18 | administration and
enforcement of the Bingo License and Tax | ||||||
19 | Act, the Charitable Games Act, and
the Pull Tabs and Jar | ||||||
20 | Games Act if such responsibility is delegated to it
by the | ||||||
21 | Director of Revenue; and
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22 | (13) To assume responsibility for administration and | ||||||
23 | enforcement of the
Video Gaming Act ; and . | ||||||
24 | (14) To adopt, by rule, a code of conduct governing | ||||||
25 | Board members and employees that ensure, to the maximum | ||||||
26 | extent possible, that persons subject to this Code avoid |
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1 | situations, relationships, or associations that may | ||||||
2 | represent or lead to a conflict of interest.
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3 | (c) The Board shall have jurisdiction over and shall | ||||||
4 | supervise all
gambling operations governed by this Act. The | ||||||
5 | Board shall have all powers
necessary and proper to fully and | ||||||
6 | effectively execute the provisions of
this Act, including, but | ||||||
7 | not limited to, the following:
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8 | (1) To investigate applicants and determine the | ||||||
9 | eligibility of
applicants for licenses and to select among | ||||||
10 | competing applicants the
applicants which best serve the | ||||||
11 | interests of the citizens of Illinois.
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12 | (2) To have jurisdiction and supervision over all | ||||||
13 | riverboat gambling
operations in this State and all persons | ||||||
14 | on riverboats where gambling
operations are conducted.
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15 | (3) To promulgate rules and regulations for the purpose | ||||||
16 | of administering
the provisions of this Act and to | ||||||
17 | prescribe rules, regulations and
conditions under which | ||||||
18 | all riverboat gambling in the State shall be
conducted. | ||||||
19 | Such rules and regulations are to provide for the | ||||||
20 | prevention of
practices detrimental to the public interest | ||||||
21 | and for the best interests of
riverboat gambling, including | ||||||
22 | rules and regulations regarding the
inspection of such | ||||||
23 | riverboats and the review of any permits or licenses
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24 | necessary to operate a riverboat under any laws or | ||||||
25 | regulations applicable
to riverboats, and to impose | ||||||
26 | penalties for violations thereof.
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1 | (4) To enter the office, riverboats, facilities, or | ||||||
2 | other
places of business of a licensee, where evidence of | ||||||
3 | the compliance or
noncompliance with the provisions of this | ||||||
4 | Act is likely to be found.
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5 | (5) To investigate alleged violations of this Act or | ||||||
6 | the
rules of the Board and to take appropriate disciplinary
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7 | action against a licensee or a holder of an occupational | ||||||
8 | license for a
violation, or institute appropriate legal | ||||||
9 | action for enforcement, or both.
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10 | (6) To adopt standards for the licensing of all persons | ||||||
11 | under this Act,
as well as for electronic or mechanical | ||||||
12 | gambling games, and to establish
fees for such licenses.
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13 | (7) To adopt appropriate standards for all riverboats
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14 | and facilities.
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15 | (8) To require that the records, including financial or | ||||||
16 | other statements
of any licensee under this Act, shall be | ||||||
17 | kept in such manner as prescribed
by the Board and that any | ||||||
18 | such licensee involved in the ownership or
management of | ||||||
19 | gambling operations submit to the Board an annual balance
| ||||||
20 | sheet and profit and loss statement, list of the | ||||||
21 | stockholders or other
persons having a 1% or greater | ||||||
22 | beneficial interest in the gambling
activities of each | ||||||
23 | licensee, and any other information the Board deems
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24 | necessary in order to effectively administer this Act and | ||||||
25 | all rules,
regulations, orders and final decisions | ||||||
26 | promulgated under this Act.
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1 | (9) To conduct hearings, issue subpoenas for the | ||||||
2 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
3 | production of books, records
and other pertinent documents | ||||||
4 | in accordance with the Illinois
Administrative Procedure | ||||||
5 | Act, and to administer oaths and affirmations to
the | ||||||
6 | witnesses, when, in the judgment of the Board, it is | ||||||
7 | necessary to
administer or enforce this Act or the Board | ||||||
8 | rules.
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9 | (10) To prescribe a form to be used by any licensee | ||||||
10 | involved in the
ownership or management of gambling | ||||||
11 | operations as an
application for employment for their | ||||||
12 | employees.
| ||||||
13 | (11) To revoke or suspend licenses, as the Board may | ||||||
14 | see fit and in
compliance with applicable laws of the State | ||||||
15 | regarding administrative
procedures, and to review | ||||||
16 | applications for the renewal of licenses. The
Board may | ||||||
17 | suspend an owners license, without notice or hearing upon a
| ||||||
18 | determination that the safety or health of patrons or | ||||||
19 | employees is
jeopardized by continuing a riverboat's | ||||||
20 | operation. The suspension may
remain in effect until the | ||||||
21 | Board determines that the cause for suspension
has been | ||||||
22 | abated. The Board may revoke the owners license upon a
| ||||||
23 | determination that the owner has not made satisfactory | ||||||
24 | progress toward
abating the hazard.
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25 | (12) To eject or exclude or authorize the ejection or | ||||||
26 | exclusion of, any
person from riverboat gambling |
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1 | facilities where such person is in violation
of this Act, | ||||||
2 | rules and regulations thereunder, or final orders of the
| ||||||
3 | Board, or where such person's conduct or reputation is such | ||||||
4 | that his
presence within the riverboat gambling facilities | ||||||
5 | may, in the opinion of
the Board, call into question the | ||||||
6 | honesty and integrity of the gambling
operations or | ||||||
7 | interfere with orderly conduct thereof; provided that the
| ||||||
8 | propriety of such ejection or exclusion is subject to | ||||||
9 | subsequent hearing
by the Board.
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10 | (13) To require all licensees of gambling operations to | ||||||
11 | utilize a
cashless wagering system whereby all players' | ||||||
12 | money is converted to tokens,
electronic cards, or chips | ||||||
13 | which shall be used only for wagering in the
gambling | ||||||
14 | establishment.
| ||||||
15 | (14) (Blank).
| ||||||
16 | (15) To suspend, revoke or restrict licenses, to | ||||||
17 | require the
removal of a licensee or an employee of a | ||||||
18 | licensee for a violation of this
Act or a Board rule or for | ||||||
19 | engaging in a fraudulent practice, and to
impose civil | ||||||
20 | penalties of up to $5,000 against individuals and up to
| ||||||
21 | $10,000 or an amount equal to the daily gross receipts, | ||||||
22 | whichever is
larger, against licensees for each violation | ||||||
23 | of any provision of the Act,
any rules adopted by the | ||||||
24 | Board, any order of the Board or any other action
which, in | ||||||
25 | the Board's discretion, is a detriment or impediment to | ||||||
26 | riverboat
gambling operations.
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1 | (16) To hire employees to gather information, conduct | ||||||
2 | investigations
and carry out any other tasks contemplated | ||||||
3 | under this Act.
| ||||||
4 | (17) To establish minimum levels of insurance to be | ||||||
5 | maintained by
licensees.
| ||||||
6 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
7 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
8 | of 1934 on board a riverboat
and to have exclusive | ||||||
9 | authority to establish the hours for sale and
consumption | ||||||
10 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
11 | any
provision of the Liquor Control Act of 1934 or any | ||||||
12 | local ordinance, and
regardless of whether the riverboat | ||||||
13 | makes excursions. The
establishment of the hours for sale | ||||||
14 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
15 | an exclusive power and function of the State. A home
rule | ||||||
16 | unit may not establish the hours for sale and consumption | ||||||
17 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
18 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
19 | and functions under subsection (h) of
Section 6 of Article | ||||||
20 | VII of the Illinois Constitution.
| ||||||
21 | (19) After consultation with the U.S. Army Corps of | ||||||
22 | Engineers, to
establish binding emergency orders upon the | ||||||
23 | concurrence of a majority of
the members of the Board | ||||||
24 | regarding the navigability of water, relative to
| ||||||
25 | excursions,
in the event
of extreme weather conditions, | ||||||
26 | acts of God or other extreme circumstances.
|
| |||||||
| |||||||
1 | (20) To delegate the execution of any of its powers | ||||||
2 | under this Act for
the purpose of administering and | ||||||
3 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
4 | (20.5) To approve any contract entered into on its | ||||||
5 | behalf.
| ||||||
6 | (20.6) To appoint investigators to conduct | ||||||
7 | investigations, searches, seizures, arrests, and other | ||||||
8 | duties imposed under this Act, as deemed necessary by the | ||||||
9 | Board. These investigators have and may exercise all of the | ||||||
10 | rights and powers of peace officers, provided that these | ||||||
11 | powers shall be limited to offenses or violations occurring | ||||||
12 | or committed on a riverboat or dock, as defined in | ||||||
13 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
14 | provided by this Act or any other law. | ||||||
15 | (20.7) To contract with the Department of State Police | ||||||
16 | for the use of trained and qualified State police officers | ||||||
17 | and with the Department of Revenue for the use of trained | ||||||
18 | and qualified Department of Revenue investigators to | ||||||
19 | conduct investigations, searches, seizures, arrests, and | ||||||
20 | other duties imposed under this Act and to exercise all of | ||||||
21 | the rights and powers of peace officers, provided that the | ||||||
22 | powers of Department of Revenue investigators under this | ||||||
23 | subdivision (20.7) shall be limited to offenses or | ||||||
24 | violations occurring or committed on a riverboat or dock, | ||||||
25 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
26 | otherwise provided by this Act or any other law. In the |
| |||||||
| |||||||
1 | event the Department of State Police or the Department of | ||||||
2 | Revenue is unable to fill contracted police or | ||||||
3 | investigative positions, the Board may appoint | ||||||
4 | investigators to fill those positions pursuant to | ||||||
5 | subdivision (20.6).
| ||||||
6 | (21) To take any other action as may be reasonable or | ||||||
7 | appropriate to
enforce this Act and rules and regulations | ||||||
8 | hereunder.
| ||||||
9 | (d) The Board may seek and shall receive the cooperation of | ||||||
10 | the
Department of State Police in conducting background | ||||||
11 | investigations of
applicants and in fulfilling its | ||||||
12 | responsibilities under
this Section. Costs incurred by the | ||||||
13 | Department of State Police as
a result of such cooperation | ||||||
14 | shall be paid by the Board in conformance
with the requirements | ||||||
15 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
16 | ILCS 2605/2605-400).
| ||||||
17 | (e) The Board must authorize to each investigator and to | ||||||
18 | any other
employee of the Board exercising the powers of a | ||||||
19 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
20 | states that the badge is authorized by the Board
and
(ii) | ||||||
21 | contains a unique identifying number. No other badge shall be | ||||||
22 | authorized
by the Board.
| ||||||
23 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; revised | ||||||
24 | 8-20-09.)
| ||||||
25 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
|
| |||||||
| |||||||
1 | Sec. 5.1. Disclosure of records.
| ||||||
2 | (a) Notwithstanding any applicable statutory provision to | ||||||
3 | the contrary,
the Board shall, on written request from any | ||||||
4 | person, provide
information furnished by an applicant or | ||||||
5 | licensee concerning the applicant
or licensee, his products, | ||||||
6 | services or gambling enterprises and his
business holdings, as | ||||||
7 | follows:
| ||||||
8 | (1) The name, business address and business telephone | ||||||
9 | number of any
applicant or licensee.
| ||||||
10 | (2) An identification of any applicant or licensee | ||||||
11 | including, if an
applicant or licensee is not an | ||||||
12 | individual, the state of incorporation or
registration, | ||||||
13 | the corporate officers, and the identity of all | ||||||
14 | shareholders
or participants. If an applicant or licensee | ||||||
15 | has a pending registration
statement filed with the | ||||||
16 | Securities and Exchange Commission, only the names
of those | ||||||
17 | persons or entities holding interest of 5% or more must be | ||||||
18 | provided.
| ||||||
19 | (3) An identification of any business, including, if | ||||||
20 | applicable, the
state of incorporation or registration, in | ||||||
21 | which an applicant or licensee
or an applicant's or | ||||||
22 | licensee's spouse or children has an equity interest
of | ||||||
23 | more than 1%
5% . If an applicant or licensee is a | ||||||
24 | corporation, partnership
or other business entity, the | ||||||
25 | applicant or licensee shall identify any
other | ||||||
26 | corporation, partnership or business entity in which it has |
| |||||||
| |||||||
1 | an equity
interest of 1%
5% or more, including, if | ||||||
2 | applicable, the state of
incorporation or registration. | ||||||
3 | This information need not be provided by a
corporation, | ||||||
4 | partnership or other business entity that has a pending
| ||||||
5 | registration statement filed with the Securities and | ||||||
6 | Exchange Commission.
| ||||||
7 | (4) Whether an applicant or licensee has been indicted, | ||||||
8 | convicted,
pleaded guilty or nolo contendere, or forfeited | ||||||
9 | bail concerning any
criminal offense under the laws of any | ||||||
10 | jurisdiction, either felony or
misdemeanor (except for | ||||||
11 | traffic violations), including the date, the name
and | ||||||
12 | location of the court, arresting agency and prosecuting | ||||||
13 | agency, the
case number, the offense, the disposition and | ||||||
14 | the location and length of
incarceration.
| ||||||
15 | (5) Whether an applicant or licensee has had any | ||||||
16 | license or
certificate issued by a licensing authority in | ||||||
17 | Illinois or any other
jurisdiction denied, restricted, | ||||||
18 | suspended, revoked or not renewed and a
statement | ||||||
19 | describing the facts and circumstances concerning the | ||||||
20 | denial,
restriction, suspension, revocation or | ||||||
21 | non-renewal, including the licensing
authority, the date | ||||||
22 | each such action was taken, and the reason for each
such | ||||||
23 | action.
| ||||||
24 | (6) Whether an applicant or licensee has ever filed or | ||||||
25 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
26 | been involved in any formal
process to adjust, defer, |
| |||||||
| |||||||
1 | suspend or otherwise work out the payment of any
debt | ||||||
2 | including the date of filing, the name and location of the | ||||||
3 | court, the
case and number of the disposition.
| ||||||
4 | (7) Whether an applicant or licensee has filed, or been | ||||||
5 | served with a
complaint or other notice filed with any | ||||||
6 | public body, regarding the
delinquency in the payment of, | ||||||
7 | or a dispute over the filings concerning the
payment of, | ||||||
8 | any tax required under federal, State or local law, | ||||||
9 | including
the amount, type of tax, the taxing agency and | ||||||
10 | time periods involved.
| ||||||
11 | (8) A statement listing the names and titles of all | ||||||
12 | public officials
or officers of any unit of government, and | ||||||
13 | relatives of said
public officials or officers who, | ||||||
14 | directly or indirectly, own
any financial interest in, have | ||||||
15 | any beneficial interest in, are the
creditors of or hold | ||||||
16 | any debt instrument issued by, or hold or have any
interest | ||||||
17 | in any contractual or service relationship with, an | ||||||
18 | applicant
or licensee.
| ||||||
19 | (9) Whether an applicant or licensee has made, directly | ||||||
20 | or indirectly,
any political contribution, or any loans, | ||||||
21 | donations or other payments, to
any candidate or office | ||||||
22 | holder, within 5 years from the date of filing the
| ||||||
23 | application, including the amount and the method of | ||||||
24 | payment.
| ||||||
25 | (10) The name and business telephone number of the | ||||||
26 | counsel
representing an applicant or licensee in matters |
| |||||||
| |||||||
1 | before the Board.
| ||||||
2 | (11) A description of any proposed or approved | ||||||
3 | riverboat
gaming operation, including the type of boat, | ||||||
4 | home dock location, expected
economic benefit to the | ||||||
5 | community, anticipated or actual number of
employees, any | ||||||
6 | statement from an applicant or licensee regarding | ||||||
7 | compliance
with federal and State affirmative action | ||||||
8 | guidelines, projected or actual
admissions and projected | ||||||
9 | or actual adjusted gross gaming receipts.
| ||||||
10 | (12) A description of the product or service to be | ||||||
11 | supplied by an
applicant for a supplier's license.
| ||||||
12 | (b) Notwithstanding any applicable statutory provision to | ||||||
13 | the contrary,
the Board shall, on written request from any | ||||||
14 | person, also provide
the following information:
| ||||||
15 | (1) The amount of the wagering tax and admission tax | ||||||
16 | paid daily to the
State of Illinois by the holder of an | ||||||
17 | owner's license.
| ||||||
18 | (2) Whenever the Board finds an applicant for an | ||||||
19 | owner's license
unsuitable for licensing, a copy of the | ||||||
20 | written letter outlining the
reasons for the denial.
| ||||||
21 | (3) Whenever the Board has refused to grant leave for | ||||||
22 | an applicant to
withdraw his application, a copy of the | ||||||
23 | letter outlining the reasons for
the refusal.
| ||||||
24 | (c) Subject to the above provisions, the Board shall not | ||||||
25 | disclose any
information which would be barred by:
| ||||||
26 | (1) Section 7 of the Freedom of Information Act; or
|
| |||||||
| |||||||
1 | (2) The statutes, rules, regulations or | ||||||
2 | intergovernmental agreements
of any jurisdiction.
| ||||||
3 | (d) The Board may assess fees for the copying of | ||||||
4 | information in
accordance with Section 6 of the Freedom of | ||||||
5 | Information Act.
| ||||||
6 | (Source: P.A. 87-826.)
| ||||||
7 | (230 ILCS 10/5.2 new)
| ||||||
8 | Sec. 5.2. Separation from Department of Revenue. As of July | ||||||
9 | 1, 2009, all of the powers, duties, assets, liabilities, | ||||||
10 | employees, contracts, property, records, pending business, and | ||||||
11 | unexpended appropriations of the Department of Revenue related | ||||||
12 | to the administration and enforcement of this Act are | ||||||
13 | transferred to the Illinois Gaming Board. | ||||||
14 | The status and rights of the transferred employees, and the | ||||||
15 | rights of the State of Illinois and its agencies, under the | ||||||
16 | Personnel Code and applicable collective bargaining agreements | ||||||
17 | or under any pension, retirement, or annuity plan are not | ||||||
18 | affected (except as provided in Sections 14-110 and 18-127 of | ||||||
19 | the Illinois Pension Code) by that transfer or by any other | ||||||
20 | provision of this amendatory Act of the 96th General Assembly.
| ||||||
21 | This Section is declarative of existing law.
| ||||||
22 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
23 | Sec. 6. Application for Owners License.
| ||||||
24 | (a) A qualified person may
apply to the Board for an owners |
| |||||||
| |||||||
1 | license to
conduct a riverboat gambling operation as provided | ||||||
2 | in this Act. The
application shall be made on forms provided by | ||||||
3 | the Board and shall contain
such information as the Board | ||||||
4 | prescribes, including but not limited to the
identity of the | ||||||
5 | riverboat on which such gambling operation is to be
conducted | ||||||
6 | and the exact location where such riverboat will be docked, a
| ||||||
7 | certification that the riverboat will be registered under this | ||||||
8 | Act at all
times during which gambling operations are conducted | ||||||
9 | on board, detailed
information regarding the ownership and | ||||||
10 | management of the applicant, and
detailed personal information | ||||||
11 | regarding the applicant. Any application for an
owners license | ||||||
12 | to be re-issued on or after June 1, 2003 shall also
include the | ||||||
13 | applicant's license bid in a form prescribed by the Board.
| ||||||
14 | Information
provided on the application shall be used as a | ||||||
15 | basis for a thorough
background investigation which the Board | ||||||
16 | shall conduct with respect to each
applicant. An incomplete | ||||||
17 | application shall be cause for denial of a license
by the | ||||||
18 | Board.
| ||||||
19 | (b) Applicants shall submit with their application all | ||||||
20 | documents,
resolutions, and letters of support from the | ||||||
21 | governing body that represents
the municipality or county | ||||||
22 | wherein the licensee will dock.
| ||||||
23 | (c) Each applicant shall disclose the identity of every | ||||||
24 | person,
association, trust or corporation having a greater than | ||||||
25 | 1% direct or
indirect pecuniary interest in the riverboat | ||||||
26 | gambling operation with
respect to which the license is sought. |
| |||||||
| |||||||
1 | If the disclosed entity is a
trust, the application shall | ||||||
2 | disclose the names and addresses of the
beneficiaries; if a | ||||||
3 | corporation, the names and
addresses of all stockholders and | ||||||
4 | directors; if a partnership, the names
and addresses of all | ||||||
5 | partners, both general and limited.
| ||||||
6 | (d) An application shall be filed and considered in | ||||||
7 | accordance with the rules of the Board with the Board by | ||||||
8 | January 1 of the
year preceding any calendar year for which an | ||||||
9 | applicant seeks an owners
license; however, applications for an | ||||||
10 | owners license permitting
operations on January 1, 1991 shall | ||||||
11 | be filed by July 1, 1990 . An
application fee of $50,000 shall | ||||||
12 | be paid at the time of filing
to defray the costs associated | ||||||
13 | with the
background investigation conducted by the Board. If | ||||||
14 | the costs of the
investigation exceed $50,000, the applicant | ||||||
15 | shall pay the additional amount
to the Board. If the costs of | ||||||
16 | the investigation are less than $50,000, the
applicant shall | ||||||
17 | receive a refund of the remaining amount. All
information, | ||||||
18 | records, interviews, reports, statements, memoranda or other
| ||||||
19 | data supplied to or used by the Board in the course of its | ||||||
20 | review or
investigation of an application for a license or a | ||||||
21 | renewal under this Act shall be
privileged, strictly | ||||||
22 | confidential and shall be used only for the purpose of
| ||||||
23 | evaluating an applicant for a license or a renewal . Such | ||||||
24 | information, records, interviews, reports,
statements, | ||||||
25 | memoranda or other data shall not be admissible as evidence,
| ||||||
26 | nor discoverable in any action of any kind in any court or |
| |||||||
| |||||||
1 | before any
tribunal, board, agency or person, except for any | ||||||
2 | action deemed necessary
by the Board.
| ||||||
3 | (e) The Board shall charge each applicant a fee set by the | ||||||
4 | Department of
State Police to defray the costs associated with | ||||||
5 | the search and
classification of fingerprints obtained by the | ||||||
6 | Board with respect to the
applicant's application. These fees | ||||||
7 | shall be paid into the State Police
Services Fund.
| ||||||
8 | (f) The licensed owner shall be the person primarily | ||||||
9 | responsible for the
boat itself. Only one riverboat gambling | ||||||
10 | operation may be authorized
by the Board on any riverboat. The | ||||||
11 | applicant must identify each riverboat
it intends to use and | ||||||
12 | certify that the riverboat: (1) has the authorized
capacity | ||||||
13 | required in this Act; (2) is accessible to disabled persons; | ||||||
14 | and
(3) is fully registered and licensed in accordance
with any | ||||||
15 | applicable laws.
| ||||||
16 | (g) A person who knowingly makes a false statement on an | ||||||
17 | application is
guilty of a Class A misdemeanor.
| ||||||
18 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
19 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
20 | Sec. 7. Owners Licenses.
| ||||||
21 | (a) The Board shall issue owners licenses to persons, firms | ||||||
22 | or
corporations which apply for such licenses upon payment to | ||||||
23 | the Board of the
non-refundable license fee set by the Board, | ||||||
24 | upon payment of a $25,000
license fee for the first year of | ||||||
25 | operation and a $5,000 license fee for
each succeeding year and |
| |||||||
| |||||||
1 | upon a determination by the Board that the
applicant is | ||||||
2 | eligible for an owners license pursuant to this Act and the
| ||||||
3 | rules of the Board. From the effective date of this amendatory | ||||||
4 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
5 | effective date of this amendatory Act of the 95th General | ||||||
6 | Assembly, (ii) the date any organization licensee begins to | ||||||
7 | operate a slot machine or video game of chance under the | ||||||
8 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
9 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
10 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
11 | Act is increased by law to reflect a tax rate that is at least | ||||||
12 | as stringent or more stringent than the tax rate contained in | ||||||
13 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
14 | condition of licensure and as an alternative source of payment | ||||||
15 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
16 | the Riverboat Gambling Act, any owners licensee that holds or | ||||||
17 | receives its owners license on or after the effective date of | ||||||
18 | this amendatory Act of the 94th General Assembly, other than an | ||||||
19 | owners licensee operating a riverboat with adjusted gross | ||||||
20 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
21 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
22 | other payments required under this Act, an amount equal to 3% | ||||||
23 | of the adjusted gross receipts received by the owners licensee. | ||||||
24 | The payments required under this Section shall be made by the | ||||||
25 | owners licensee to the State Treasurer no later than 3:00 | ||||||
26 | o'clock p.m. of the day after the day when the adjusted gross |
| |||||||
| |||||||
1 | receipts were received by the owners licensee. A person, firm | ||||||
2 | or corporation is ineligible to receive
an owners license if:
| ||||||
3 | (1) the person has been convicted of a felony under the | ||||||
4 | laws of this
State, any other state, or the United States;
| ||||||
5 | (2) the person has been convicted of any violation of | ||||||
6 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
7 | similar laws of any other jurisdiction;
| ||||||
8 | (3) the person has submitted an application for a | ||||||
9 | license under this
Act which contains false information;
| ||||||
10 | (4) the person is
a member of the Board;
| ||||||
11 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
12 | officer, director or
managerial employee of the firm or | ||||||
13 | corporation;
| ||||||
14 | (6) the firm or corporation employs a person defined in | ||||||
15 | (1), (2), (3) or
(4) who participates in the management or | ||||||
16 | operation of gambling operations
authorized under this | ||||||
17 | Act;
| ||||||
18 | (7) (blank); or
| ||||||
19 | (8) a license of the person, firm or corporation issued | ||||||
20 | under
this Act, or a license to own or operate gambling | ||||||
21 | facilities
in any other jurisdiction, has been revoked.
| ||||||
22 | The Board is expressly prohibited from making changes to | ||||||
23 | the requirement that licensees make payment into the Horse | ||||||
24 | Racing Equity Trust Fund without the express authority of the | ||||||
25 | Illinois General Assembly and making any other rule to | ||||||
26 | implement or interpret this amendatory Act of the 95th General |
| |||||||
| |||||||
1 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
2 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
3 | Administrative Procedure Act. | ||||||
4 | (b) In determining whether to grant an owners license to an | ||||||
5 | applicant, the
Board shall consider:
| ||||||
6 | (1) the character, reputation, experience and | ||||||
7 | financial integrity of the
applicants and of any other or | ||||||
8 | separate person that either:
| ||||||
9 | (A) controls, directly or indirectly, such | ||||||
10 | applicant, or
| ||||||
11 | (B) is controlled, directly or indirectly, by such | ||||||
12 | applicant or by a
person which controls, directly or | ||||||
13 | indirectly, such applicant;
| ||||||
14 | (2) the facilities or proposed facilities for the | ||||||
15 | conduct of riverboat
gambling;
| ||||||
16 | (3) the highest prospective total revenue to be derived | ||||||
17 | by the State
from the conduct of riverboat gambling;
| ||||||
18 | (4) the extent to which the ownership of the applicant | ||||||
19 | reflects the
diversity of the State by including minority | ||||||
20 | persons , and females , and persons with a disability
and the | ||||||
21 | good faith affirmative action plan of
each applicant to | ||||||
22 | recruit, train and upgrade minority persons , and females , | ||||||
23 | and persons with a disability in all employment | ||||||
24 | classifications;
| ||||||
25 | (5) the financial ability of the applicant to purchase | ||||||
26 | and maintain
adequate liability and casualty insurance;
|
| |||||||
| |||||||
1 | (6) whether the applicant has adequate capitalization | ||||||
2 | to provide and
maintain, for the duration of a license, a | ||||||
3 | riverboat;
| ||||||
4 | (7) the extent to which the applicant exceeds or meets | ||||||
5 | other standards
for the issuance of an owners license which | ||||||
6 | the Board may adopt by rule;
and
| ||||||
7 | (8) The amount of the applicant's license bid.
| ||||||
8 | (c) Each owners license shall specify the place where | ||||||
9 | riverboats shall
operate and dock.
| ||||||
10 | (d) Each applicant shall submit with his application, on | ||||||
11 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
12 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
13 | holders of such
licenses to own riverboats. In the application | ||||||
14 | for an owners license, the
applicant shall state the dock at | ||||||
15 | which the riverboat is based and the water
on which the | ||||||
16 | riverboat will be located. The Board shall issue 5 licenses to
| ||||||
17 | become effective not earlier than January 1, 1991. Three of | ||||||
18 | such licenses
shall authorize riverboat gambling on the | ||||||
19 | Mississippi River, or, with approval
by the municipality in | ||||||
20 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
21 | approval, be authorized to relocate to a new location,
in a
| ||||||
22 | municipality that (1) borders on the Mississippi River or is | ||||||
23 | within 5
miles of the city limits of a municipality that | ||||||
24 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
25 | had a riverboat conducting riverboat gambling operations | ||||||
26 | pursuant to
a license issued under this Act; one of which shall |
| |||||||
| |||||||
1 | authorize riverboat
gambling from a home dock in the city of | ||||||
2 | East St. Louis. One other license
shall
authorize riverboat | ||||||
3 | gambling on
the Illinois River south of Marshall County. The | ||||||
4 | Board shall issue one
additional license to become effective | ||||||
5 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
6 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
7 | issue 4 additional licenses to become effective not
earlier | ||||||
8 | than
March 1, 1992. In determining the water upon which | ||||||
9 | riverboats will operate,
the Board shall consider the economic | ||||||
10 | benefit which riverboat gambling confers
on the State, and | ||||||
11 | shall seek to assure that all regions of the State share
in the | ||||||
12 | economic benefits of riverboat gambling.
| ||||||
13 | In granting all licenses, the Board may give favorable | ||||||
14 | consideration to
economically depressed areas of the State, to | ||||||
15 | applicants presenting plans
which provide for significant | ||||||
16 | economic development over a large geographic
area, and to | ||||||
17 | applicants who currently operate non-gambling riverboats in
| ||||||
18 | Illinois.
The Board shall review all applications for owners | ||||||
19 | licenses,
and shall inform each applicant of the Board's | ||||||
20 | decision.
The Board may grant an owners license to an
applicant | ||||||
21 | that has not submitted the highest license bid, but if it does | ||||||
22 | not
select the highest bidder, the Board shall issue a written | ||||||
23 | decision explaining
why another
applicant was selected and | ||||||
24 | identifying the factors set forth in this Section
that favored | ||||||
25 | the winning bidder.
| ||||||
26 | In addition to any other revocation powers granted to the |
| |||||||
| |||||||
1 | Board under this
Act,
the Board may revoke the owners license | ||||||
2 | of a licensee which fails
to begin conducting gambling within | ||||||
3 | 15 months
of receipt of the
Board's approval of the application | ||||||
4 | if the Board determines that license
revocation is in the best | ||||||
5 | interests of the State.
| ||||||
6 | (f) The first 10 owners licenses issued under this Act | ||||||
7 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
8 | thereon
for a period of 3 years after the effective date of the | ||||||
9 | license. Holders of
the first 10 owners licenses must pay the | ||||||
10 | annual license fee for each of
the 3
years during which they | ||||||
11 | are authorized to own riverboats.
| ||||||
12 | (g) Upon the termination, expiration, or revocation of each | ||||||
13 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
14 | period, all licenses are
renewable annually upon payment of the | ||||||
15 | fee and a determination by the Board
that the licensee | ||||||
16 | continues to meet all of the requirements of this Act and the
| ||||||
17 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
18 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
19 | Board sets a shorter period.
| ||||||
20 | (h) An owners license shall entitle the licensee to own up | ||||||
21 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
22 | participants to
1,200 for any such owners license.
A licensee | ||||||
23 | may operate both of its riverboats concurrently, provided that | ||||||
24 | the
total number of gambling participants on both riverboats | ||||||
25 | does not exceed
1,200. Riverboats licensed to operate on the
| ||||||
26 | Mississippi River and the Illinois River south of Marshall |
| |||||||
| |||||||
1 | County shall
have an authorized capacity of at least 500 | ||||||
2 | persons. Any other riverboat
licensed under this Act shall have | ||||||
3 | an authorized capacity of at least 400
persons.
| ||||||
4 | (i) A licensed owner is authorized to apply to the Board | ||||||
5 | for and, if
approved therefor, to receive all licenses from the | ||||||
6 | Board necessary for the
operation of a riverboat, including a | ||||||
7 | liquor license, a license
to prepare and serve food for human | ||||||
8 | consumption, and other necessary
licenses. All use, occupation | ||||||
9 | and excise taxes which apply to the sale of
food and beverages | ||||||
10 | in this State and all taxes imposed on the sale or use
of | ||||||
11 | tangible personal property apply to such sales aboard the | ||||||
12 | riverboat.
| ||||||
13 | (j) The Board may issue or re-issue a license authorizing a | ||||||
14 | riverboat to
dock
in a municipality or approve a relocation | ||||||
15 | under Section 11.2 only if, prior
to the issuance or | ||||||
16 | re-issuance of
the license or approval, the governing body of | ||||||
17 | the municipality in which
the riverboat will dock has by a | ||||||
18 | majority vote approved the docking of
riverboats in the | ||||||
19 | municipality. The Board may issue or re-issue a license
| ||||||
20 | authorizing a
riverboat to dock in areas of a county outside | ||||||
21 | any municipality or approve a
relocation under Section 11.2 | ||||||
22 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
23 | approval, the
governing body of the county has by a majority | ||||||
24 | vote approved of the docking of
riverboats within such areas.
| ||||||
25 | (Source: P.A. 94-667, eff. 8-23-05; 94-804, eff. 5-26-06; | ||||||
26 | 95-1008, eff. 12-15-08.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||||||
2 | Sec. 9. Occupational licenses.
| ||||||
3 | (a) The Board may issue an occupational license to an | ||||||
4 | applicant upon the
payment of a non-refundable fee set by the | ||||||
5 | Board, upon a determination by
the Board that the applicant is | ||||||
6 | eligible for an occupational license and
upon payment of an | ||||||
7 | annual license fee in an amount to be established. To
be | ||||||
8 | eligible for an occupational license, an applicant must:
| ||||||
9 | (1) be at least 21 years of age if the applicant will | ||||||
10 | perform any
function involved in gaming by patrons. Any | ||||||
11 | applicant seeking an
occupational license for a non-gaming | ||||||
12 | function shall be at least 18 years
of age;
| ||||||
13 | (2) not have been convicted of a felony offense, a | ||||||
14 | violation of Article
28 of the Criminal Code of 1961, or a | ||||||
15 | similar statute of any other
jurisdiction , or a crime | ||||||
16 | involving dishonesty or moral turpitude ;
| ||||||
17 | (2.5) not have been convicted of a crime, other than a | ||||||
18 | crime described in item (2) of this subsection (a), | ||||||
19 | involving dishonesty or moral turpitude, except that the | ||||||
20 | Board may, in its discretion, issue an occupational license | ||||||
21 | to a person who has been convicted of a crime described in | ||||||
22 | this item (2.5) more than 10 years prior to his or her | ||||||
23 | application and has not subsequently been convicted of any | ||||||
24 | other crime;
| ||||||
25 | (3) have demonstrated a level of skill or knowledge |
| |||||||
| |||||||
1 | which the Board
determines to be necessary in order to | ||||||
2 | operate gambling aboard a riverboat; and
| ||||||
3 | (4) have met standards for the holding of an | ||||||
4 | occupational license as
adopted by rules of the Board. Such | ||||||
5 | rules shall provide that any person or
entity seeking an | ||||||
6 | occupational license to manage gambling operations
| ||||||
7 | hereunder shall be subject to background inquiries and | ||||||
8 | further requirements
similar to those required of | ||||||
9 | applicants for an owners license.
Furthermore, such rules | ||||||
10 | shall provide that each such entity shall be
permitted to | ||||||
11 | manage gambling operations for only one licensed owner.
| ||||||
12 | (b) Each application for an occupational license shall be | ||||||
13 | on forms
prescribed by the Board and shall contain all | ||||||
14 | information required by the
Board. The applicant shall set | ||||||
15 | forth in the application: whether he has been
issued prior | ||||||
16 | gambling related licenses; whether he has been licensed in any
| ||||||
17 | other state under any other name, and, if so, such name and his | ||||||
18 | age; and
whether or not a permit or license issued to him in | ||||||
19 | any other state has
been suspended, restricted or revoked, and, | ||||||
20 | if so, for what period of time.
| ||||||
21 | (c) Each applicant shall submit with his application, on | ||||||
22 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
23 | Board shall charge each
applicant a fee set by the Department | ||||||
24 | of State Police to defray the costs
associated with the search | ||||||
25 | and classification of fingerprints obtained by
the Board with | ||||||
26 | respect to the applicant's application. These fees shall be
|
| |||||||
| |||||||
1 | paid into the State Police Services Fund.
| ||||||
2 | (d) The Board may in its discretion refuse an occupational | ||||||
3 | license to
any person: (1) who is unqualified to perform the | ||||||
4 | duties required of such
applicant; (2) who fails to disclose or | ||||||
5 | states falsely any information
called for in the application; | ||||||
6 | (3) who has been found guilty of a
violation of this Act or | ||||||
7 | whose prior gambling related license or
application therefor | ||||||
8 | has been suspended, restricted, revoked or denied for
just | ||||||
9 | cause in any other state; or (4) for any other just cause.
| ||||||
10 | (e) The Board may suspend, revoke or restrict any | ||||||
11 | occupational licensee:
(1) for violation of any provision of | ||||||
12 | this Act; (2) for violation of any
of the rules and regulations | ||||||
13 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
14 | would have disqualified the applicant from receiving
such | ||||||
15 | license; or (4) for default in the payment of any obligation or | ||||||
16 | debt
due to the State of Illinois; or (5) for any other just | ||||||
17 | cause.
| ||||||
18 | (f) A person who knowingly makes a false statement on an | ||||||
19 | application is
guilty of a Class A misdemeanor.
| ||||||
20 | (g) Any license issued pursuant to this Section shall be | ||||||
21 | valid for a
period of one year from the date of issuance.
| ||||||
22 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
23 | licensed
owner from entering into an agreement with a public | ||||||
24 | community college or a school approved under the
Private | ||||||
25 | Business and Vocational Schools Act for the training of any
| ||||||
26 | occupational licensee. Any training offered by such a school |
| |||||||
| |||||||
1 | shall be in
accordance with a written agreement between the | ||||||
2 | licensed owner and the school.
| ||||||
3 | (i) Any training provided for occupational licensees may be | ||||||
4 | conducted
either on the riverboat or at a school with which a | ||||||
5 | licensed owner has
entered into an agreement pursuant to | ||||||
6 | subsection (h).
| ||||||
7 | (Source: P.A. 86-1029; 87-826.)
| ||||||
8 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
9 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
10 | licensed owners or licensed managers on behalf
of the State | ||||||
11 | aboard riverboats,
subject to the following standards:
| ||||||
12 | (1) A licensee may conduct riverboat gambling | ||||||
13 | authorized under this Act
regardless of whether it conducts | ||||||
14 | excursion cruises. A licensee may permit
the continuous | ||||||
15 | ingress and egress of passengers on a riverboat not used | ||||||
16 | for excursion cruises for the purpose of gambling. | ||||||
17 | Excursion cruises shall not exceed 4 hours for a round | ||||||
18 | trip. However, the Board may grant express approval for an | ||||||
19 | extended cruise on a case-by-case basis.
| ||||||
20 | (2) (Blank).
| ||||||
21 | (3) Minimum and maximum wagers on games shall be set by | ||||||
22 | the licensee.
| ||||||
23 | (4) Agents of the Board and the Department of State | ||||||
24 | Police may board
and inspect any riverboat at any time for | ||||||
25 | the purpose of determining
whether this Act is being |
| |||||||
| |||||||
1 | complied with. Every riverboat, if under way and
being | ||||||
2 | hailed by a law enforcement officer or agent of the Board, | ||||||
3 | must stop
immediately and lay to.
| ||||||
4 | (5) Employees of the Board shall have the right to be | ||||||
5 | present on the
riverboat or on adjacent facilities under | ||||||
6 | the control of the licensee.
| ||||||
7 | (6) Gambling equipment and supplies customarily used | ||||||
8 | in conducting
riverboat gambling must be purchased or | ||||||
9 | leased only from suppliers licensed
for such purpose under | ||||||
10 | this Act. The Board may approve the transfer, sale, or | ||||||
11 | lease of gambling equipment and supplies by a licensed | ||||||
12 | owner from or to an affiliate of the licensed owner as long | ||||||
13 | as the gambling equipment and supplies were initially | ||||||
14 | acquired from a supplier licensed in Illinois.
| ||||||
15 | (7) Persons licensed under this Act shall permit no | ||||||
16 | form of wagering on
gambling games except as permitted by | ||||||
17 | this Act.
| ||||||
18 | (8) Wagers may be received only from a person present | ||||||
19 | on a licensed
riverboat. No person present on a licensed | ||||||
20 | riverboat shall place
or attempt to place a wager on behalf | ||||||
21 | of another person who is not present
on the riverboat.
| ||||||
22 | (9) Wagering shall not be conducted with money or other | ||||||
23 | negotiable
currency.
| ||||||
24 | (10) A person under age 21 shall not be permitted on an | ||||||
25 | area of a
riverboat where gambling is being conducted, | ||||||
26 | except for a person at least
18 years of age who is an |
| |||||||
| |||||||
1 | employee of the riverboat gambling operation. No
employee | ||||||
2 | under age 21 shall perform any function involved in | ||||||
3 | gambling by
the patrons. No person under age 21 shall be | ||||||
4 | permitted to make a wager under
this Act , and any winnings | ||||||
5 | that are a result of a wager by a person under age 21, | ||||||
6 | whether or not paid by a licensee, shall be treated as | ||||||
7 | winnings for the privilege tax purposes, confiscated, and | ||||||
8 | forfeited to the State and deposited into the Education | ||||||
9 | Assistance Fund .
| ||||||
10 | (11) Gambling excursion cruises are permitted only | ||||||
11 | when the waterway for
which the riverboat is licensed is | ||||||
12 | navigable, as determined by
the Board in consultation with | ||||||
13 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
14 | not limit the ability of a licensee to conduct
gambling | ||||||
15 | authorized under this Act when gambling excursion cruises | ||||||
16 | are not
permitted.
| ||||||
17 | (12) All tokens, chips or electronic cards used to make | ||||||
18 | wagers must be
purchased from a licensed owner or manager | ||||||
19 | either aboard a riverboat or at
an onshore
facility which | ||||||
20 | has been approved by the Board and which is located where
| ||||||
21 | the riverboat docks. The tokens, chips or electronic cards | ||||||
22 | may be
purchased by means of an agreement under which the | ||||||
23 | owner or manager extends
credit to
the patron. Such tokens, | ||||||
24 | chips or electronic cards may be used
while aboard the | ||||||
25 | riverboat only for the purpose of making wagers on
gambling | ||||||
26 | games.
|
| |||||||
| |||||||
1 | (13) Notwithstanding any other Section of this Act, in | ||||||
2 | addition to the
other licenses authorized under this Act, | ||||||
3 | the Board may issue special event
licenses allowing persons | ||||||
4 | who are not otherwise licensed to conduct
riverboat | ||||||
5 | gambling to conduct such gambling on a specified date or | ||||||
6 | series
of dates. Riverboat gambling under such a license | ||||||
7 | may take place on a
riverboat not normally used for | ||||||
8 | riverboat gambling. The Board shall
establish standards, | ||||||
9 | fees and fines for, and limitations upon, such
licenses, | ||||||
10 | which may differ from the standards, fees, fines and | ||||||
11 | limitations
otherwise applicable under this Act. All such | ||||||
12 | fees shall be deposited into
the State Gaming Fund. All | ||||||
13 | such fines shall be deposited into the
Education Assistance | ||||||
14 | Fund, created by Public Act 86-0018, of the State
of | ||||||
15 | Illinois.
| ||||||
16 | (14) In addition to the above, gambling must be | ||||||
17 | conducted in accordance
with all rules adopted by the | ||||||
18 | Board.
| ||||||
19 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
20 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
| ||||||
21 | Sec. 12. Admission tax; fees.
| ||||||
22 | (a) A tax is hereby imposed upon admissions to riverboats | ||||||
23 | operated by
licensed owners authorized pursuant to this Act. | ||||||
24 | Until July 1, 2002, the
rate is $2 per person admitted. From | ||||||
25 | July 1, 2002 until
July 1, 2003, the rate is $3 per person |
| |||||||
| |||||||
1 | admitted.
From July 1, 2003 until August 23, 2005 ( the | ||||||
2 | effective date of Public Act 94-673) this amendatory Act of the | ||||||
3 | 94th General Assembly , for a licensee that admitted 1,000,000 | ||||||
4 | persons or
fewer in the previous calendar year, the rate is $3 | ||||||
5 | per person admitted; for a
licensee that admitted more than | ||||||
6 | 1,000,000 but no more than 2,300,000 persons
in the previous | ||||||
7 | calendar year, the rate is $4 per person admitted; and for
a | ||||||
8 | licensee that admitted more than 2,300,000 persons in the | ||||||
9 | previous calendar
year, the rate is $5 per person admitted.
| ||||||
10 | Beginning on August 23, 2005 ( the effective date of Public Act | ||||||
11 | 94-673) this amendatory Act of the 94th General Assembly , for a | ||||||
12 | licensee that admitted 1,000,000 persons or
fewer in calendar | ||||||
13 | year 2004, the rate is $2 per person admitted, and for all | ||||||
14 | other
licensees , including licensees that were not conducting | ||||||
15 | gambling operations in 2004, the rate is $3 per person | ||||||
16 | admitted.
This admission tax is imposed upon the
licensed owner | ||||||
17 | conducting gambling.
| ||||||
18 | (1) The admission tax shall be paid for each admission, | ||||||
19 | except that a person who exits a riverboat gambling | ||||||
20 | facility and reenters that riverboat gambling facility | ||||||
21 | within the same gaming day shall be subject only to the | ||||||
22 | initial admission tax.
| ||||||
23 | (2) (Blank).
| ||||||
24 | (3) The riverboat licensee may issue tax-free passes to
| ||||||
25 | actual and necessary officials and employees of the | ||||||
26 | licensee or other
persons actually working on the |
| |||||||
| |||||||
1 | riverboat.
| ||||||
2 | (4) The number and issuance of tax-free passes is | ||||||
3 | subject to the rules
of the Board, and a list of all | ||||||
4 | persons to whom the tax-free passes are
issued shall be | ||||||
5 | filed with the Board.
| ||||||
6 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
7 | licensed
managers on behalf of the State pursuant to Section | ||||||
8 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
9 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
10 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
11 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
12 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
13 | per person admitted; and for
a licensee that admitted more than | ||||||
14 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
15 | per person admitted.
| ||||||
16 | (1) The admission fee shall be paid for each admission.
| ||||||
17 | (2) (Blank).
| ||||||
18 | (3) The licensed manager may issue fee-free passes to | ||||||
19 | actual and necessary
officials and employees of the manager | ||||||
20 | or other persons actually working on the
riverboat.
| ||||||
21 | (4) The number and issuance of fee-free passes is | ||||||
22 | subject to the rules
of the Board, and a list of all | ||||||
23 | persons to whom the fee-free passes are
issued shall be | ||||||
24 | filed with the Board.
| ||||||
25 | (b) From the tax imposed under subsection (a) and the fee | ||||||
26 | imposed under
subsection (a-5), a municipality shall receive |
| |||||||
| |||||||
1 | from the State $1 for each
person embarking on a riverboat | ||||||
2 | docked within the municipality, and a county
shall receive $1 | ||||||
3 | for each person embarking on a riverboat docked within the
| ||||||
4 | county but outside the boundaries of any municipality. The | ||||||
5 | municipality's or
county's share shall be collected by the | ||||||
6 | Board on behalf of the State and
remitted quarterly by the | ||||||
7 | State, subject to appropriation, to the treasurer of
the unit | ||||||
8 | of local government for deposit in the general fund.
| ||||||
9 | (c) The licensed owner shall pay the entire admission tax | ||||||
10 | to the Board and
the licensed manager shall pay the entire | ||||||
11 | admission fee to the Board.
Such payments shall be made daily. | ||||||
12 | Accompanying each payment shall be a
return on forms provided | ||||||
13 | by the Board which shall include other
information regarding | ||||||
14 | admissions as the Board may require. Failure to
submit either | ||||||
15 | the payment or the return within the specified time may
result | ||||||
16 | in suspension or revocation of the owners or managers license.
| ||||||
17 | (d) The Board shall administer and collect the admission | ||||||
18 | tax imposed by
this Section, to the extent practicable, in a | ||||||
19 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
20 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
21 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
22 | Penalty and Interest Act.
| ||||||
23 | (Source: P.A. 94-673, eff. 8-23-05; 95-663, eff. 10-11-07.)
| ||||||
24 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
25 | Sec. 13. Wagering tax; rate; distribution.
|
| |||||||
| |||||||
1 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
2 | gross
receipts received from gambling games authorized under | ||||||
3 | this Act at the rate of
20%.
| ||||||
4 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
5 | tax is
imposed on persons engaged in the business of conducting | ||||||
6 | riverboat gambling
operations, based on the adjusted gross | ||||||
7 | receipts received by a licensed owner
from gambling games | ||||||
8 | authorized under this Act at the following rates:
| ||||||
9 | 15% of annual adjusted gross receipts up to and | ||||||
10 | including $25,000,000;
| ||||||
11 | 20% of annual adjusted gross receipts in excess of | ||||||
12 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
13 | 25% of annual adjusted gross receipts in excess of | ||||||
14 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
15 | 30% of annual adjusted gross receipts in excess of | ||||||
16 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
17 | 35% of annual adjusted gross receipts in excess of | ||||||
18 | $100,000,000.
| ||||||
19 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
20 | is imposed on
persons engaged in the business of conducting | ||||||
21 | riverboat gambling operations,
other than licensed managers | ||||||
22 | conducting riverboat gambling operations on behalf
of the | ||||||
23 | State, based on the adjusted gross receipts received by a | ||||||
24 | licensed
owner from gambling games authorized under this Act at | ||||||
25 | the following rates:
| ||||||
26 | 15% of annual adjusted gross receipts up to and |
| |||||||
| |||||||
1 | including $25,000,000;
| ||||||
2 | 22.5% of annual adjusted gross receipts in excess of | ||||||
3 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
4 | 27.5% of annual adjusted gross receipts in excess of | ||||||
5 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
6 | 32.5% of annual adjusted gross receipts in excess of | ||||||
7 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
8 | 37.5% of annual adjusted gross receipts in excess of | ||||||
9 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
10 | 45% of annual adjusted gross receipts in excess of | ||||||
11 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
12 | 50% of annual adjusted gross receipts in excess of | ||||||
13 | $200,000,000.
| ||||||
14 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
15 | persons engaged
in the business of conducting riverboat | ||||||
16 | gambling operations, other than
licensed managers conducting | ||||||
17 | riverboat gambling operations on behalf of the
State, based on | ||||||
18 | the adjusted gross receipts received by a licensed owner from
| ||||||
19 | gambling games authorized under this Act at the following | ||||||
20 | rates:
| ||||||
21 | 15% of annual adjusted gross receipts up to and | ||||||
22 | including $25,000,000;
| ||||||
23 | 27.5% of annual adjusted gross receipts in excess of | ||||||
24 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
25 | 32.5% of annual adjusted gross receipts in excess of | ||||||
26 | $37,500,000 but not
exceeding $50,000,000;
|
| |||||||
| |||||||
1 | 37.5% of annual adjusted gross receipts in excess of | ||||||
2 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
3 | 45% of annual adjusted gross receipts in excess of | ||||||
4 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
5 | 50% of annual adjusted gross receipts in excess of | ||||||
6 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
7 | 70% of annual adjusted gross receipts in excess of | ||||||
8 | $250,000,000.
| ||||||
9 | An amount equal to the amount of wagering taxes collected | ||||||
10 | under this
subsection (a-3) that are in addition to the amount | ||||||
11 | of wagering taxes that
would have been collected if the | ||||||
12 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
13 | be paid into the Common School Fund.
| ||||||
14 | The privilege tax imposed under this subsection (a-3) shall | ||||||
15 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
16 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
17 | gambling operations are conducted
pursuant to a dormant | ||||||
18 | license; or (iii) the first day that riverboat gambling
| ||||||
19 | operations are conducted under the authority of an owners | ||||||
20 | license that is in
addition to the 10 owners licenses initially | ||||||
21 | authorized under this Act.
For the purposes of this subsection | ||||||
22 | (a-3), the term "dormant license"
means an owners license that | ||||||
23 | is authorized by this Act under which no
riverboat gambling | ||||||
24 | operations are being conducted on June 20, 2003.
| ||||||
25 | (a-4) Beginning on the first day on which the tax imposed | ||||||
26 | under
subsection (a-3) is no longer imposed, a privilege tax is |
| |||||||
| |||||||
1 | imposed on persons
engaged in the business of conducting | ||||||
2 | riverboat gambling operations, other
than licensed managers | ||||||
3 | conducting riverboat gambling operations on behalf of
the | ||||||
4 | State, based on the adjusted gross receipts received by a | ||||||
5 | licensed owner
from gambling games authorized under this Act at | ||||||
6 | the following rates:
| ||||||
7 | 15% of annual adjusted gross receipts up to and | ||||||
8 | including $25,000,000;
| ||||||
9 | 22.5% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
11 | 27.5% of annual adjusted gross receipts in excess of | ||||||
12 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
13 | 32.5% of annual adjusted gross receipts in excess of | ||||||
14 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
15 | 37.5% of annual adjusted gross receipts in excess of | ||||||
16 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
17 | 45% of annual adjusted gross receipts in excess of | ||||||
18 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
19 | 50% of annual adjusted gross receipts in excess of | ||||||
20 | $200,000,000.
| ||||||
21 | (a-8) Riverboat gambling operations conducted by a | ||||||
22 | licensed manager on
behalf of the State are not subject to the | ||||||
23 | tax imposed under this Section.
| ||||||
24 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
25 | the licensed
owner to the Board not later than 5:00 3:00 | ||||||
26 | o'clock p.m. of the day after the day
when the wagers were |
| |||||||
| |||||||
1 | made.
| ||||||
2 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
3 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
4 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
5 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
6 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
7 | the payment of all amounts otherwise due under this Section, | ||||||
8 | pay to the Board a reconciliation payment in the amount, if | ||||||
9 | any, by which the licensed owner's base amount exceeds the | ||||||
10 | amount of net privilege tax paid by the licensed owner to the | ||||||
11 | Board in the then current State fiscal year. A licensed owner's | ||||||
12 | net privilege tax obligation due for the balance of the State | ||||||
13 | fiscal year shall be reduced up to the total of the amount paid | ||||||
14 | by the licensed owner in its June 15 reconciliation payment. | ||||||
15 | The obligation imposed by this subsection (a-15) is binding on | ||||||
16 | any person, firm, corporation, or other entity that acquires an | ||||||
17 | ownership interest in any such owners license. The obligation | ||||||
18 | imposed under this subsection (a-15) terminates on the earliest | ||||||
19 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
20 | date of this amendatory Act of the 94th General Assembly that | ||||||
21 | riverboat gambling operations are conducted pursuant to a | ||||||
22 | dormant license, (iii) the first day that riverboat gambling | ||||||
23 | operations are conducted under the authority of an owners | ||||||
24 | license that is in addition to the 10 owners licenses initially | ||||||
25 | authorized under this Act, or (iv) the first day that a | ||||||
26 | licensee under the Illinois Horse Racing Act of 1975 conducts |
| |||||||
| |||||||
1 | gaming operations with slot machines or other electronic gaming | ||||||
2 | devices. The Board must reduce the obligation imposed under | ||||||
3 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
4 | for any of the following reasons: (A) an act or acts of God, | ||||||
5 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
6 | terrorism threat that was investigated by a law enforcement | ||||||
7 | agency, or (C) a condition beyond the control of the owners | ||||||
8 | licensee that does not result from any act or omission by the | ||||||
9 | owners licensee or any of its agents and that poses a hazardous | ||||||
10 | threat to the health and safety of patrons. If an owners | ||||||
11 | licensee pays an amount in excess of its liability under this | ||||||
12 | Section, the Board shall apply the overpayment to future | ||||||
13 | payments required under this Section. | ||||||
14 | For purposes of this subsection (a-15): | ||||||
15 | "Act of God" means an incident caused by the operation of | ||||||
16 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
17 | avoided by the exercise of due care, and for which no person | ||||||
18 | can be held liable.
| ||||||
19 | "Base amount" means the following: | ||||||
20 | For a riverboat in Alton, $31,000,000.
| ||||||
21 | For a riverboat in East Peoria, $43,000,000.
| ||||||
22 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
23 | For a riverboat in Metropolis, $45,000,000.
| ||||||
24 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
25 | For a riverboat in Aurora, $86,000,000.
| ||||||
26 | For a riverboat in East St. Louis, $48,500,000.
|
| |||||||
| |||||||
1 | For a riverboat in Elgin, $198,000,000.
| ||||||
2 | "Dormant license" has the meaning ascribed to it in | ||||||
3 | subsection (a-3).
| ||||||
4 | "Net privilege tax" means all privilege taxes paid by a | ||||||
5 | licensed owner to the Board under this Section, less all | ||||||
6 | payments made from the State Gaming Fund pursuant to subsection | ||||||
7 | (b) of this Section. | ||||||
8 | The changes made to this subsection (a-15) by Public Act | ||||||
9 | 94-839 are intended to restate and clarify the intent of Public | ||||||
10 | Act 94-673 with respect to the amount of the payments required | ||||||
11 | to be made under this subsection by an owners licensee to the | ||||||
12 | Board.
| ||||||
13 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
14 | in the State
Gaming Fund under this Section shall be paid, | ||||||
15 | subject to appropriation by the
General Assembly, to the unit | ||||||
16 | of local government which is designated as the
home dock of the | ||||||
17 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
18 | deposited in the State Gaming Fund under this Section, an | ||||||
19 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
20 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
21 | the General Assembly, to the unit of local government that
is | ||||||
22 | designated as the home dock of the riverboat. From the tax | ||||||
23 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
24 | riverboat gambling operations
conducted by a licensed manager | ||||||
25 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
26 | receipts generated pursuant to those riverboat gambling
|
| |||||||
| |||||||
1 | operations shall be paid monthly,
subject to appropriation by | ||||||
2 | the General Assembly, to the unit of local
government that is | ||||||
3 | designated as the home dock of the riverboat upon which
those | ||||||
4 | riverboat gambling operations are conducted.
| ||||||
5 | (c) Appropriations, as approved by the General Assembly, | ||||||
6 | may be made
from the State Gaming Fund to the Board (i) | ||||||
7 | Department of Revenue and the Department
of State Police for | ||||||
8 | the administration and enforcement of this Act and the Video | ||||||
9 | Gaming Act, (ii) for distribution to the Department of State | ||||||
10 | Police and to the Department of Revenue for the enforcement of | ||||||
11 | this Act, and (iii) or to the
Department of Human Services for | ||||||
12 | the administration of programs to treat
problem gambling.
| ||||||
13 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
14 | 94-804) and beginning on the effective date of this amendatory | ||||||
15 | Act of the 95th General Assembly, unless any organization | ||||||
16 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
17 | operate a slot machine or video game of chance under the | ||||||
18 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
19 | payments required under subsections (b) and (c) have been
made, | ||||||
20 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
21 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
22 | owners licensee
conducting riverboat gambling operations
| ||||||
23 | pursuant to an
owners license that is initially issued after | ||||||
24 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
25 | conducted by a licensed manager on behalf of the
State under | ||||||
26 | Section 7.3,
whichever comes first, shall be paid from the |
| |||||||
| |||||||
1 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
2 | (c-10) Each year the General Assembly shall appropriate | ||||||
3 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
4 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
5 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
6 | (c-15) After the payments required under subsections (b), | ||||||
7 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
8 | adjusted gross receipts of (1)
an owners licensee that | ||||||
9 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
10 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
11 | license that is initially issued after June 25, 1999,
or (3) | ||||||
12 | the first
riverboat gambling operations conducted by a licensed | ||||||
13 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
14 | comes first, shall be paid, subject to appropriation
from the | ||||||
15 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
16 | county with a population of over 3,000,000 inhabitants for the | ||||||
17 | purpose of
enhancing the county's criminal justice system.
| ||||||
18 | (c-20) Each year the General Assembly shall appropriate | ||||||
19 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
20 | an amount equal to the amount
paid to each home rule county | ||||||
21 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
22 | subsection (c-15) in the prior calendar year.
| ||||||
23 | (c-25) After the payments required under subsections (b), | ||||||
24 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
25 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
26 | relocates pursuant to Section 11.2, (2) an
owners
licensee |
| |||||||
| |||||||
1 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
2 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
3 | the first
riverboat gambling operations conducted by a licensed | ||||||
4 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
5 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
6 | Chicago State University.
| ||||||
7 | (d) From time to time, the
Board shall transfer the | ||||||
8 | remainder of the funds
generated by this Act into the Education
| ||||||
9 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
10 | Illinois.
| ||||||
11 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
12 | government
designated as the home dock of the riverboat from | ||||||
13 | entering into agreements
with other units of local government | ||||||
14 | in this State or in other states to
share its portion of the | ||||||
15 | tax revenue.
| ||||||
16 | (f) To the extent practicable, the Board shall administer | ||||||
17 | and collect the
wagering taxes imposed by this Section in a | ||||||
18 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
19 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
20 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
21 | Penalty and Interest Act.
| ||||||
22 | (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | ||||||
23 | 96-37, eff. 7-13-09.)
| ||||||
24 | (230 ILCS 10/15) (from Ch. 120, par. 2415)
| ||||||
25 | Sec. 15. Audit of Licensee Operations. Annually Within 90 |
| |||||||
| |||||||
1 | days after the end
of each quarter of each fiscal year , the | ||||||
2 | licensed owner or manager shall
transmit to the Board an audit | ||||||
3 | of the financial transactions
and condition of the licensee's | ||||||
4 | total operations. Additionally, within 90 days after the end of | ||||||
5 | each quarter of each fiscal year, the licensed owner or manager | ||||||
6 | shall transmit to the Board a compliance report on engagement | ||||||
7 | procedures determined by the Board. All audits and compliance | ||||||
8 | engagements shall be
conducted by certified public accountants | ||||||
9 | selected by the Board. Each
certified public accountant must be | ||||||
10 | registered in the State of
Illinois under the Illinois Public | ||||||
11 | Accounting Act.
The compensation for each certified public | ||||||
12 | accountant shall be paid
directly by the licensed owner or | ||||||
13 | manager to the certified public
accountant.
| ||||||
14 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
15 | (230 ILCS 10/18) (from Ch. 120, par. 2418)
| ||||||
16 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
17 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
18 | any of the
following:
| ||||||
19 | (1) Conducting gambling where wagering
is used or to be | ||||||
20 | used
without a license issued by the Board.
| ||||||
21 | (2) Conducting gambling where wagering
is permitted | ||||||
22 | other
than in the manner specified by Section 11.
| ||||||
23 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
24 | any of the
following:
| ||||||
25 | (1) permitting a person under 21 years to make a wager; |
| |||||||
| |||||||
1 | or
| ||||||
2 | (2) violating paragraph (12) of subsection (a) of | ||||||
3 | Section 11 of this Act.
| ||||||
4 | (c) A person wagering or accepting a wager at any location | ||||||
5 | outside the
riverboat is subject to the penalties in paragraphs | ||||||
6 | (1) or (2) of
subsection (a) of Section 28-1 of the Criminal | ||||||
7 | Code of 1961.
| ||||||
8 | (d) A person commits a Class 4 felony and, in addition, | ||||||
9 | shall be barred
for life from riverboats under the jurisdiction | ||||||
10 | of the
Board, if the person does any of the following:
| ||||||
11 | (1) Offers, promises, or gives anything of value or | ||||||
12 | benefit to a person
who is connected with a riverboat owner | ||||||
13 | including, but
not limited to, an officer or employee of a | ||||||
14 | licensed owner or holder of an
occupational license | ||||||
15 | pursuant to an agreement or arrangement or with the
intent | ||||||
16 | that the promise or thing of value or benefit will | ||||||
17 | influence the
actions of the person to whom the offer, | ||||||
18 | promise, or gift was made in order
to affect or attempt to | ||||||
19 | affect the outcome of a gambling game, or to
influence | ||||||
20 | official action of a member of the Board.
| ||||||
21 | (2) Solicits or knowingly accepts or receives a promise | ||||||
22 | of anything of
value or benefit while the person is | ||||||
23 | connected with a riverboat
including, but not limited to, | ||||||
24 | an officer or employee of a licensed owner,
or holder of an | ||||||
25 | occupational license, pursuant to an understanding or
| ||||||
26 | arrangement or with the intent that the promise or thing of |
| |||||||
| |||||||
1 | value or
benefit will influence the actions of the person | ||||||
2 | to affect or attempt to
affect the outcome of a gambling | ||||||
3 | game, or to influence official action of a
member of the | ||||||
4 | Board.
| ||||||
5 | (3) Uses or possesses with the intent to use a device | ||||||
6 | to assist:
| ||||||
7 | (i) In projecting the outcome of the game.
| ||||||
8 | (ii) In keeping track of the cards played.
| ||||||
9 | (iii) In analyzing the probability of the | ||||||
10 | occurrence of an event
relating to the gambling game.
| ||||||
11 | (iv) In analyzing the strategy for playing or | ||||||
12 | betting to be used in the
game except as permitted by | ||||||
13 | the Board.
| ||||||
14 | (4) Cheats at a gambling game.
| ||||||
15 | (5) Manufactures, sells, or distributes any cards, | ||||||
16 | chips, dice, game or
device which is intended to be used to | ||||||
17 | violate any provision of this Act.
| ||||||
18 | (6) Alters or misrepresents the outcome of a gambling | ||||||
19 | game on which
wagers have been made after the outcome is | ||||||
20 | made sure but before it is
revealed to the players.
| ||||||
21 | (7) Places a bet after acquiring knowledge, not | ||||||
22 | available to all players,
of the outcome of the gambling | ||||||
23 | game which is subject of the bet or to aid a
person in | ||||||
24 | acquiring the knowledge for the purpose of placing a bet
| ||||||
25 | contingent on that outcome.
| ||||||
26 | (8) Claims, collects, or takes, or attempts to claim, |
| |||||||
| |||||||
1 | collect, or take,
money or anything of value in or from the | ||||||
2 | gambling games, with intent to
defraud, without having made | ||||||
3 | a wager contingent on winning a gambling game,
or claims, | ||||||
4 | collects, or takes an amount of money or thing of value of
| ||||||
5 | greater value than the amount won.
| ||||||
6 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
7 | game.
| ||||||
8 | (10) Possesses any key or device designed for the | ||||||
9 | purpose of opening,
entering, or affecting the operation of | ||||||
10 | a gambling game, drop box, or an
electronic or mechanical | ||||||
11 | device connected with the gambling game or for
removing | ||||||
12 | coins, tokens, chips or other contents of a gambling game. | ||||||
13 | This
paragraph (10) does not apply to a gambling licensee | ||||||
14 | or employee of a
gambling licensee acting in furtherance of | ||||||
15 | the employee's employment.
| ||||||
16 | (e) The possession of more than one of the devices | ||||||
17 | described in
subsection (d), paragraphs (3), (5) , or (10) | ||||||
18 | permits a rebuttable
presumption that the possessor intended to | ||||||
19 | use the devices for cheating.
| ||||||
20 | (f) A person under the age of 21 who, except as authorized | ||||||
21 | under paragraph (10) of Section 11, enters upon a riverboat | ||||||
22 | commits a petty offense and is subject to a fine of not less | ||||||
23 | than $100 or more than $250 for a first offense and of not less | ||||||
24 | than $200 or more than $500 for a second or subsequent offense. | ||||||
25 | An action to prosecute any crime occurring on a riverboat
| ||||||
26 | shall be tried in the county of the dock at which the riverboat |
| |||||||
| |||||||
1 | is based.
| ||||||
2 | (Source: P.A. 91-40, eff. 6-25-99.)
|