Bill Text: IL SB3312 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Charitable Games Act. Provides that the Department of Revenue shall issue a charitable games license only for the conduct of a poker run to a non-profit organization that the Department determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as a result of an illness, disability, accident, or disaster. Further provides that any organization applying for a license to conduct a poker run shall list the name and address of each predetermined location and that any premises that is listed as a predetermined location of a poker run shall not be required to obtain a providers' license for such poker run so long as the provider does not charge any fee or seek any other compensation for the use of the premises. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 11-5)
Status: (Passed) 2014-06-10 - Public Act . . . . . . . . . 98-0644 [SB3312 Detail]
Download: Illinois-2013-SB3312-Enrolled.html
Bill Title: Amends the Charitable Games Act. Provides that the Department of Revenue shall issue a charitable games license only for the conduct of a poker run to a non-profit organization that the Department determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as a result of an illness, disability, accident, or disaster. Further provides that any organization applying for a license to conduct a poker run shall list the name and address of each predetermined location and that any premises that is listed as a predetermined location of a poker run shall not be required to obtain a providers' license for such poker run so long as the provider does not charge any fee or seek any other compensation for the use of the premises. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 11-5)
Status: (Passed) 2014-06-10 - Public Act . . . . . . . . . 98-0644 [SB3312 Detail]
Download: Illinois-2013-SB3312-Enrolled.html
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1 | AN ACT concerning regulation.
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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 Election Code is amended by changing Section | ||||||
5 | 9-7 as follows:
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6 | (10 ILCS 5/9-7) (from Ch. 46, par. 9-7)
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7 | Sec. 9-7. Records and accounts. | ||||||
8 | (1) Except as provided in subsection (2), the treasurer of | ||||||
9 | a political committee shall keep a detailed and exact
account | ||||||
10 | of-
| ||||||
11 | (a) the total of all contributions made to or for the | ||||||
12 | committee;
| ||||||
13 | (b) the full name and mailing address of every person | ||||||
14 | making a
contribution and the date and amount thereof;
| ||||||
15 | (c) the total of all expenditures made by or on behalf | ||||||
16 | of the committee;
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17 | (d) the full name and mailing address of every person | ||||||
18 | to whom any
expenditure is made, and the date and amount | ||||||
19 | thereof;
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20 | (e) proof of payment, stating the particulars, for | ||||||
21 | every expenditure made by or on behalf of the committee.
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22 | The treasurer shall preserve all records and accounts | ||||||
23 | required
by this section for a period of 2 years. |
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1 | (2) The treasurer of a political committee shall keep a | ||||||
2 | detailed and exact account of the total amount of contributions | ||||||
3 | made to or for a committee at an event licensed under Section | ||||||
4 | 8.1 of the Raffles and Poker Runs Act. For an event licensed | ||||||
5 | under Section 8.1, the treasurer is not required to keep a | ||||||
6 | detailed and exact account of the full name and mailing address | ||||||
7 | of a person who purchases tickets at the event in an amount | ||||||
8 | that does not exceed $150.
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9 | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
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10 | Section 10. The Raffles Act is amended by changing Sections | ||||||
11 | 0.01, 1, 2, 3, 4, 5, 6, and 8 as follows:
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12 | (230 ILCS 15/0.01) (from Ch. 85, par. 2300)
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13 | Sec. 0.01. Short title. This Act may be cited as the
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14 | Raffles and Poker Runs Act.
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15 | (Source: P.A. 86-1324.)
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16 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
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17 | Sec. 1. Definitions. ) For the purposes of this Act the | ||||||
18 | terms defined
in this Section have the meanings given them.
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19 | "Net Proceeds" means the gross receipts from the conduct of | ||||||
20 | raffles, less
reasonable sums expended for prizes, local | ||||||
21 | license fees and other reasonable
operating expenses incurred | ||||||
22 | as a result of operating a raffle or poker run .
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23 | "Key location" means the location where the poker run |
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1 | concludes and the prize or prizes are awarded. | ||||||
2 | "Poker run" means an event organized by an organization | ||||||
3 | licensed under this Act in which participants travel to | ||||||
4 | multiple predetermined locations, including a key location, | ||||||
5 | drawing a playing card or equivalent item at each location, in | ||||||
6 | order to assemble a facsimile of a poker hand or other numeric | ||||||
7 | score. "Poker run" includes dice runs, marble runs, or other | ||||||
8 | events where the objective is to build the best hand or highest | ||||||
9 | score by obtaining an item at each location. | ||||||
10 | "Raffle" means a form of lottery, as defined in Section | ||||||
11 | 28-2(b) of the
Criminal Code of 2012, conducted by an | ||||||
12 | organization licensed under this Act, in which:
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13 | (1) the player pays or agrees to pay something of value | ||||||
14 | for a chance,
represented and differentiated by a number or | ||||||
15 | by a combination of numbers
or by some other medium, one or | ||||||
16 | more of which chances is to be designated
the winning | ||||||
17 | chance;
| ||||||
18 | (2) the winning chance is to be determined through a | ||||||
19 | drawing or by some
other method based on an element of | ||||||
20 | chance by an act or set of acts on the
part of persons | ||||||
21 | conducting or connected with the lottery, except that the
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22 | winning chance shall not be determined by the outcome of a | ||||||
23 | publicly exhibited
sporting contest.
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24 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
25 | (230 ILCS 15/2) (from Ch. 85, par. 2302)
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1 | Sec. 2. Licensing. | ||||||
2 | (a) The governing body of any county or municipality
within | ||||||
3 | this State may establish a system for the licensing of | ||||||
4 | organizations
to operate raffles. The governing bodies of a | ||||||
5 | county and one or more
municipalities may, pursuant to a | ||||||
6 | written contract, jointly establish a
system for the licensing | ||||||
7 | of organizations to operate raffles within any
area of | ||||||
8 | contiguous territory not contained within the corporate limits | ||||||
9 | of a
municipality which is not a party to such contract. The | ||||||
10 | governing bodies
of two or more adjacent counties or two or | ||||||
11 | more adjacent municipalities
located within a county may, | ||||||
12 | pursuant to a written contract, jointly
establish a system for | ||||||
13 | the licensing of organizations to operate raffles
within the | ||||||
14 | corporate limits of such counties or municipalities. The
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15 | licensing authority may establish special categories of | ||||||
16 | licenses and
promulgate rules relating to the various | ||||||
17 | categories. The licensing system
shall provide for limitations | ||||||
18 | upon (1) the aggregate retail value of all
prizes or | ||||||
19 | merchandise awarded by a licensee in a single raffle, (2) the
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20 | maximum retail value of each prize awarded by a licensee in a | ||||||
21 | single raffle,
(3) the maximum price which may be charged for | ||||||
22 | each raffle chance issued
or sold and (4) the maximum number of | ||||||
23 | days during which chances may be issued
or sold. The licensing | ||||||
24 | system may include a fee for each license in an
amount to be | ||||||
25 | determined by the local governing body. Licenses issued | ||||||
26 | pursuant
to this Act shall be valid for one raffle or for a |
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1 | specified number of
raffles to be conducted during a specified | ||||||
2 | period not to exceed one year
and may be suspended or revoked
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3 | for any violation of this Act. A local governing body shall act | ||||||
4 | on a license
application within 30 days from the date of | ||||||
5 | application. Nothing in this
Act shall be construed to prohibit | ||||||
6 | a county or municipality from adopting
rules or ordinances for | ||||||
7 | the operation of raffles that are more restrictive
than | ||||||
8 | provided for in this Act. The governing body of a municipality | ||||||
9 | may
authorize the sale of raffle chances only within the | ||||||
10 | borders of the
municipality. The governing body of the county | ||||||
11 | may authorize the sale of
raffle chances only in those areas | ||||||
12 | which are both within the borders of the
county and outside the | ||||||
13 | borders of any municipality.
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14 | (a-5) The governing body of any county within this State | ||||||
15 | may establish a system for the licensing of organizations to | ||||||
16 | operate poker runs. The governing bodies of 2 or more adjacent | ||||||
17 | counties may, pursuant to a written contract, jointly establish | ||||||
18 | a system for the licensing of organizations to operate poker | ||||||
19 | runs within the corporate limits of such counties. The | ||||||
20 | licensing authority may establish special categories of | ||||||
21 | licenses and adopt rules relating to the various categories. | ||||||
22 | The licensing system may include a fee not to exceed $25 for | ||||||
23 | each license. Licenses issued pursuant to this Act shall be | ||||||
24 | valid for one poker run or for a specified number of poker runs | ||||||
25 | to be conducted during a specified period not to exceed one | ||||||
26 | year and may be suspended or revoked for any violation of this |
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1 | Act. A local governing body shall act on a license application | ||||||
2 | within 30 days after the date of application. | ||||||
3 | (b) Licenses shall be issued only to bona fide religious, | ||||||
4 | charitable,
labor, business, fraternal, educational or | ||||||
5 | veterans' organizations that
operate without profit to their | ||||||
6 | members and which have been in existence
continuously for a | ||||||
7 | period of 5 years immediately before making application
for a | ||||||
8 | license and which have had during that entire 5 year period a | ||||||
9 | bona
fide membership engaged in carrying out their objects, or | ||||||
10 | to a non-profit
fundraising organization that the licensing | ||||||
11 | authority determines is
organized for the sole purpose of | ||||||
12 | providing financial assistance to an
identified individual or | ||||||
13 | group of individuals suffering extreme financial
hardship as | ||||||
14 | the result of an illness, disability, accident or disaster. A | ||||||
15 | licensing authority may waive the 5-year requirement under this | ||||||
16 | subsection (b) for a bona fide religious, charitable, labor, | ||||||
17 | business, fraternal, educational, or veterans' organization | ||||||
18 | that applies for a license to conduct a poker run if the | ||||||
19 | organization is a local organization that is affiliated with | ||||||
20 | and chartered by a national or State organization that meets | ||||||
21 | the 5-year requirement.
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22 | For purposes of this Act, the following definitions apply. | ||||||
23 | Non-profit:
An organization or institution organized and | ||||||
24 | conducted on a not-for-profit
basis with no personal profit | ||||||
25 | inuring to any one as a result of the operation.
Charitable: An | ||||||
26 | organization or institution organized and operated to benefit
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1 | an indefinite number of the public. The service rendered to | ||||||
2 | those eligible
for benefits must also confer some benefit on | ||||||
3 | the public. Educational:
An organization or institution | ||||||
4 | organized and operated to provide systematic
instruction in | ||||||
5 | useful branches of learning by methods common to schools
and | ||||||
6 | institutions of learning which compare favorably in their scope | ||||||
7 | and
intensity with the course of study presented in | ||||||
8 | tax-supported schools.
Religious: Any church, congregation, | ||||||
9 | society, or organization founded for
the purpose of religious | ||||||
10 | worship. Fraternal: An organization of persons
having a common | ||||||
11 | interest, the primary interest of which is to both promote
the | ||||||
12 | welfare of its members and to provide assistance to the general | ||||||
13 | public
in such a way as to lessen the burdens of government by | ||||||
14 | caring for those
that otherwise would be cared for by the | ||||||
15 | government. Veterans: An organization
or association comprised | ||||||
16 | of members of which substantially all are individuals
who are | ||||||
17 | veterans or spouses, widows, or widowers of veterans, the | ||||||
18 | primary
purpose of which is to promote the welfare of its | ||||||
19 | members and to provide
assistance to the general public in such | ||||||
20 | a way as to confer a public benefit.
Labor: An organization | ||||||
21 | composed of workers organized with the objective
of betterment | ||||||
22 | of the conditions of those engaged in such pursuit and the
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23 | development of a higher degree of efficiency in their | ||||||
24 | respective occupations.
Business: A voluntary organization | ||||||
25 | composed of individuals and businesses
who have joined together | ||||||
26 | to advance the commercial, financial, industrial
and civic |
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1 | interests of a community.
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2 | (c) Poker runs shall be licensed by the governing body with | ||||||
3 | jurisdiction over the key location. The license granted by the | ||||||
4 | key location shall cover the entire poker run, including | ||||||
5 | locations other than the key location. Each license issued | ||||||
6 | shall include the name and address of each predetermined | ||||||
7 | location. | ||||||
8 | (Source: P.A. 86-820.)
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9 | (230 ILCS 15/3) (from Ch. 85, par. 2303)
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10 | Sec. 3.
License - Application - Issuance - Restrictions - | ||||||
11 | Persons
ineligible. Licenses issued by the governing body of | ||||||
12 | any county or municipality are
subject to the following | ||||||
13 | restrictions:
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14 | (1) No person, firm or corporation shall conduct raffles or | ||||||
15 | chances or poker runs without
having first obtained a license | ||||||
16 | therefor pursuant to this Act.
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17 | (2) The license and application for license must specify | ||||||
18 | the area or areas
within the licensing authority in which | ||||||
19 | raffle chances will be sold or issued or a poker run will be | ||||||
20 | conducted ,
the time period during which raffle chances will be | ||||||
21 | sold or issued or a poker run will be conducted , the
time of | ||||||
22 | determination of winning chances and the location or locations | ||||||
23 | at
which winning chances will be determined.
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24 | (3) The license application must contain a sworn statement | ||||||
25 | attesting to
the not-for-profit character of the prospective |
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1 | licensee organization, signed
by the presiding officer and the | ||||||
2 | secretary of that organization.
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3 | (4) The application for license shall be prepared in | ||||||
4 | accordance with the
ordinance of the local governmental unit.
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5 | (5) A license authorizes the licensee to conduct raffles or | ||||||
6 | poker runs as defined in
this Act.
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7 | The following are ineligible for any license under this | ||||||
8 | Act:
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9 | (a) any person who has been convicted of a felony;
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10 | (b) any person who is or has been a professional gambler or | ||||||
11 | gambling promoter;
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12 | (c) any person who is not of good moral character;
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13 | (d) any firm or corporation in which a person defined in | ||||||
14 | (a), (b) or (c)
has a proprietary, equitable or credit | ||||||
15 | interest, or in which such a person
is active or employed;
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16 | (e) any organization in which a person defined in (a), (b) | ||||||
17 | or (c) is an
officer, director, or employee, whether | ||||||
18 | compensated or not;
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19 | (f) any organization in which a person defined in (a), (b) | ||||||
20 | or (c) is to
participate in the management or operation of a | ||||||
21 | raffle as defined in this Act.
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22 | (Source: P.A. 85-160.)
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23 | (230 ILCS 15/4) (from Ch. 85, par. 2304)
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24 | Sec. 4. Conduct of raffles and poker runs .
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25 | (a) The conducting of raffles and poker runs is subject to |
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1 | the following restrictions:
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2 | (1) The entire net proceeds of any raffle or poker run | ||||||
3 | must be exclusively devoted
to the lawful purposes of the | ||||||
4 | organization permitted to conduct that game.
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5 | (2) No person except a bona fide member of the | ||||||
6 | sponsoring organization
may participate in the management | ||||||
7 | or operation of the raffle or poker run .
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8 | (3) No person may receive any remuneration or profit | ||||||
9 | for participating
in the management or operation of the | ||||||
10 | raffle or poker run .
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11 | (4) A licensee may rent a premises on which to | ||||||
12 | determine the winning
chance or chances in a raffle only | ||||||
13 | from an organization which is also licensed
under this Act. | ||||||
14 | A premises where a poker run is held is not required to | ||||||
15 | obtain a license if the name and location of the premises | ||||||
16 | is listed as a predetermined location on the license issued | ||||||
17 | for the poker run and the premises does not charge for use | ||||||
18 | of the premises.
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19 | (5) Raffle chances may be sold or issued only within | ||||||
20 | the area specified
on the license and winning chances may | ||||||
21 | be determined only at those locations
specified on the | ||||||
22 | license for a raffle .
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23 | (6) A person under the age of 18 years may participate | ||||||
24 | in the conducting
of raffles or chances or poker runs only | ||||||
25 | with the permission of a parent or guardian.
A person under | ||||||
26 | the age of 18 years may be within the area where winning |
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1 | chances in a raffle or winning hands or scores in a poker | ||||||
2 | run
are being determined only when accompanied by his | ||||||
3 | parent or guardian.
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4 | (b) If a lessor rents premises where a winning chance or | ||||||
5 | chances on a
raffle or a winning hand or score in a poker run is | ||||||
6 | are determined, the lessor shall not be criminally liable if | ||||||
7 | the
person who uses the premises for the determining of winning | ||||||
8 | chances does not
hold a license issued by the governing body of | ||||||
9 | any county or municipality
under the provisions of this Act.
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10 | (Source: P.A. 87-1271.)
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11 | (230 ILCS 15/5) (from Ch. 85, par. 2305)
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12 | Sec. 5. Manager; bond Raffles - manager - bond . All | ||||||
13 | operation of and the conduct
of raffles and poker runs shall be | ||||||
14 | under the supervision of a single raffles manager
designated by | ||||||
15 | the organization. The manager shall give a fidelity bond in an
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16 | amount determined by the licensing authority in favor of the
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17 | organization conditioned upon his honesty in the performance of | ||||||
18 | his duties.
Terms of the bond shall provide that notice shall | ||||||
19 | be given in writing to the
licensing authority not less than 30 | ||||||
20 | days prior to its cancellation. The
governing body of a local | ||||||
21 | unit of government may waive this bond requirement by
including | ||||||
22 | a waiver provision in the license issued to an organization | ||||||
23 | under
this Act, provided that a license containing such waiver | ||||||
24 | provision shall be
granted only by unanimous vote of the | ||||||
25 | members of the licensed organization.
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1 | (Source: P.A. 91-357, eff. 7-29-99.)
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2 | (230 ILCS 15/6) (from Ch. 85, par. 2306)
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3 | Sec. 6.
Records. ) | ||||||
4 | (a) Each organization licensed to conduct raffles and
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5 | chances or poker run events shall keep records of its gross | ||||||
6 | receipts, expenses and net proceeds
for each single gathering | ||||||
7 | or occasion at which winning chances in a raffle or winning | ||||||
8 | hands or scores in a poker run are determined.
All deductions | ||||||
9 | from gross receipts for each single gathering or occasion
shall | ||||||
10 | be documented with receipts or other records indicating the | ||||||
11 | amount,
a description of the purchased item or service or other | ||||||
12 | reason for the deduction,
and the recipient. The distribution | ||||||
13 | of net proceeds shall be itemized as
to payee, purpose, amount | ||||||
14 | and date of payment.
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15 | (b) Gross receipts from the operation of raffles programs | ||||||
16 | or poker runs shall be segregated
from other revenues of the | ||||||
17 | organization, including bingo gross receipts,
if bingo games | ||||||
18 | are also conducted by the same nonprofit organization pursuant
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19 | to license therefor issued by the Department of Revenue of the | ||||||
20 | State of
Illinois, and placed in a separate account. Each | ||||||
21 | organization shall have
separate records of its raffles and | ||||||
22 | poker runs . The person who accounts for gross receipts,
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23 | expenses and net proceeds from the operation of raffles or | ||||||
24 | poker runs shall not be the
same person who accounts for other | ||||||
25 | revenues of the organization.
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1 | (c) Each organization licensed to conduct raffles or poker | ||||||
2 | runs shall report promptly
after the conclusion of each raffle | ||||||
3 | or poker run
to its membership, and to the licensing local unit | ||||||
4 | of government, its gross
receipts, expenses and net proceeds | ||||||
5 | from raffles or poker runs , and the distribution of
net | ||||||
6 | proceeds itemized as required in this Section.
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7 | (d) Records required by this Section shall be preserved for | ||||||
8 | 3 years, and
organizations shall make available their records | ||||||
9 | relating to operation of
raffles or poker runs for public | ||||||
10 | inspection at reasonable times and places.
| ||||||
11 | (Source: P.A. 82-711.)
| ||||||
12 | (230 ILCS 15/8) (from Ch. 85, par. 2308)
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13 | Sec. 8.
Nothing in this Act shall be construed to authorize | ||||||
14 | the conducting
or operating of any gambling scheme, enterprise, | ||||||
15 | activity or device other
than raffles or poker runs as provided | ||||||
16 | for herein.
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17 | (Source: P.A. 81-1365.)
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18 | Section 15. The Charitable Games Act is amended by changing | ||||||
19 | Section 2 as follows:
| ||||||
20 | (230 ILCS 30/2) (from Ch. 120, par. 1122)
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21 | Sec. 2. Definitions. For purposes of this Act, the | ||||||
22 | following definitions
apply:
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23 | "Charitable games" means the 14 games of chance involving |
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1 | cards, dice, wheels, random selection of numbers, and gambling | ||||||
2 | tickets which may be conducted at charitable games events | ||||||
3 | listed as follows: roulette, blackjack, poker, pull tabs, | ||||||
4 | craps, bang, beat the dealer, big six, gin rummy, five card | ||||||
5 | stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | ||||||
6 | wheel. | ||||||
7 | "Charitable games event" or "event" means the type of | ||||||
8 | fundraising event authorized by the Act at which participants | ||||||
9 | pay to play charitable games for the chance of winning cash or | ||||||
10 | noncash prizes. "Charitable games event" or "event" includes a | ||||||
11 | poker run. | ||||||
12 | "Charitable organization" means an organization or | ||||||
13 | institution organized and operated to benefit an indefinite | ||||||
14 | number of the public. | ||||||
15 | "Chips" means scrip, play money, poker or casino chips, or | ||||||
16 | any other representations of money, used to make wagers on the | ||||||
17 | outcome of any charitable game. | ||||||
18 | "Department" means the Department of Revenue.
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19 | "Educational organization" means an organization or | ||||||
20 | institution organized and operated to provide systematic | ||||||
21 | instruction in useful branches of learning by methods common to | ||||||
22 | schools and institutions of learning which compare favorably in | ||||||
23 | their scope and intensity with the course of study presented in | ||||||
24 | tax-supported schools. | ||||||
25 | "Fraternal organization" means an organization of persons | ||||||
26 | having a common interest that is organized and operated |
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1 | exclusively to promote the welfare of its members and to | ||||||
2 | benefit the general public on a continuing and consistent | ||||||
3 | basis, including but not limited to ethnic organizations.
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4 | "Labor organization" means an organization composed of | ||||||
5 | labor unions or
workers organized with the objective of | ||||||
6 | betterment of the conditions of
those engaged in such pursuit | ||||||
7 | and the development of a higher degree of
efficiency in their | ||||||
8 | respective occupations.
| ||||||
9 | "Licensed organization" means a qualified organization | ||||||
10 | that has obtained a license to conduct a charitable games event | ||||||
11 | in conformance with the provisions of this Act. | ||||||
12 | "Non-profit organization" means an organization or | ||||||
13 | institution organized and conducted on a not-for-profit basis | ||||||
14 | with no personal profit inuring to anyone as a result of the | ||||||
15 | operation.
| ||||||
16 | "Organization" means a : A corporation, agency, | ||||||
17 | partnership,
association, firm, business, or other entity | ||||||
18 | consisting of 2 or more persons joined by
a common interest or | ||||||
19 | purpose.
| ||||||
20 | "Person" means any natural individual, corporation, | ||||||
21 | partnership, limited
liability company, organization as | ||||||
22 | defined in this
Section, qualified organization, licensed | ||||||
23 | organization, licensee under this Act, or volunteer.
| ||||||
24 | "Poker run" means an event organized by a sponsoring | ||||||
25 | organization in which participants travel to 5 or more | ||||||
26 | predetermined locations, drawing a playing card or equivalent |
| |||||||
| |||||||
1 | item at each location, in order to assemble a facsimile of a | ||||||
2 | poker hand or other numeric score. "Poker run" includes dice | ||||||
3 | runs, marble runs, or other events where the objective is to | ||||||
4 | build the best hand or highest score by obtaining an item at | ||||||
5 | each location. | ||||||
6 | "Premises" means a distinct parcel of land and the | ||||||
7 | buildings thereon. | ||||||
8 | "Provider" means the person or organization owning, | ||||||
9 | leasing, or controlling premises upon which any charitable | ||||||
10 | games event is to be conducted.
| ||||||
11 | "Qualified organization" means:
| ||||||
12 | (a) a charitable, religious, fraternal, veterans, | ||||||
13 | labor, educational
organization, or other institution | ||||||
14 | organized and conducted on a not-for-profit
basis with no | ||||||
15 | personal profit inuring to anyone as a result of the
| ||||||
16 | operation and which is exempt from federal income taxation | ||||||
17 | under Sections
501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), | ||||||
18 | 501(c)(10) or 501(c)(19) of the
Internal Revenue Code;
| ||||||
19 | (b) a veterans organization as defined in Section 1.1
| ||||||
20 | of the
"Bingo License and Tax Act" organized
and conducted | ||||||
21 | on a not-for-profit basis with no personal profit inuring | ||||||
22 | to
anyone as a result of the operation; or
| ||||||
23 | (c) An auxiliary organization of a veterans | ||||||
24 | organization.
| ||||||
25 | "Religious organization" means any church, congregation, | ||||||
26 | society, or organization founded for the purpose of religious |
| |||||||
| |||||||
1 | worship. | ||||||
2 | "Sponsoring organization" means a qualified organization | ||||||
3 | that has obtained a
license to conduct a charitable games event | ||||||
4 | in conformance with the provisions
of this Act.
| ||||||
5 | "Supplier" means any person, firm, or corporation that | ||||||
6 | sells, leases, lends, distributes, or otherwise provides to any | ||||||
7 | organization licensed to conduct charitable games events in | ||||||
8 | Illinois any charitable games equipment.
| ||||||
9 | "Veterans' organization" means an organization comprised | ||||||
10 | of members of which substantially all are individuals who are | ||||||
11 | veterans or spouses, widows, or widowers of veterans, the | ||||||
12 | primary purpose of which is to promote the welfare of its | ||||||
13 | members and to provide assistance to the general public in such | ||||||
14 | a way as to confer a public benefit. | ||||||
15 | "Volunteer" means a person recruited by a licensed | ||||||
16 | organization who voluntarily performs services at a charitable | ||||||
17 | games event, including participation in the management or | ||||||
18 | operation of a game, as defined in Section 8.
| ||||||
19 | (Source: P.A. 98-426, eff. 8-16-13.)
| ||||||
20 | Section 20. The Liquor Control Act of 1934 is amended by | ||||||
21 | changing Section 6-2 as follows:
| ||||||
22 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||||||
23 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
24 | prohibited.
|
| |||||||
| |||||||
1 | (a) Except as otherwise provided in subsection (b) of this | ||||||
2 | Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||||
3 | no license
of any kind issued by the State Commission or any | ||||||
4 | local
commission shall be issued to:
| ||||||
5 | (1) A person who is not a resident of any city, village | ||||||
6 | or county in
which the premises covered by the license are | ||||||
7 | located; except in case of
railroad or boat licenses.
| ||||||
8 | (2) A person who is not of good character and | ||||||
9 | reputation in the
community in which he resides.
| ||||||
10 | (3) A person who is not a citizen of the United States.
| ||||||
11 | (4) A person who has been convicted of a felony under | ||||||
12 | any Federal or
State law, unless the Commission determines | ||||||
13 | that such
person has been sufficiently rehabilitated to | ||||||
14 | warrant the public trust
after considering matters set | ||||||
15 | forth in such person's application and the
Commission's | ||||||
16 | investigation. The burden of proof of sufficient
| ||||||
17 | rehabilitation shall be on the applicant.
| ||||||
18 | (5) A person who has been convicted of keeping a place | ||||||
19 | of prostitution or keeping a place of juvenile | ||||||
20 | prostitution, promoting prostitution that involves keeping | ||||||
21 | a place of prostitution, or promoting juvenile | ||||||
22 | prostitution that involves keeping a place of juvenile | ||||||
23 | prostitution.
| ||||||
24 | (6) A person who has been convicted of pandering or | ||||||
25 | other crime or
misdemeanor opposed to decency and morality.
| ||||||
26 | (7) A person whose license issued under this Act has |
| |||||||
| |||||||
1 | been revoked for
cause.
| ||||||
2 | (8) A person who at the time of application for renewal | ||||||
3 | of any license
issued hereunder would not be eligible for | ||||||
4 | such license upon a first
application.
| ||||||
5 | (9) A copartnership, if any general partnership | ||||||
6 | thereof, or any
limited partnership thereof, owning more | ||||||
7 | than 5% of the aggregate limited
partner interest in such | ||||||
8 | copartnership would not be eligible to receive a
license | ||||||
9 | hereunder for any reason other than residence within the | ||||||
10 | political
subdivision, unless residency is required by | ||||||
11 | local ordinance.
| ||||||
12 | (10) A corporation or limited liability company, if any | ||||||
13 | member, officer, manager or director thereof, or
any | ||||||
14 | stockholder or stockholders owning in the aggregate more | ||||||
15 | than 5% of the
stock of such corporation, would not be | ||||||
16 | eligible to receive a license
hereunder for any reason | ||||||
17 | other than citizenship and residence within the
political | ||||||
18 | subdivision.
| ||||||
19 | (10a) A corporation or limited liability company | ||||||
20 | unless it is incorporated or organized in Illinois, or | ||||||
21 | unless it
is a foreign corporation or foreign limited | ||||||
22 | liability company which is qualified under the Business
| ||||||
23 | Corporation Act of 1983 or the Limited Liability Company | ||||||
24 | Act to transact business in Illinois. The Commission shall | ||||||
25 | permit and accept from an applicant for a license under | ||||||
26 | this Act proof prepared from the Secretary of State's |
| |||||||
| |||||||
1 | website that the corporation or limited liability company | ||||||
2 | is in good standing and is qualified under the Business
| ||||||
3 | Corporation Act of 1983 or the Limited Liability Company | ||||||
4 | Act to transact business in Illinois.
| ||||||
5 | (11) A person whose place of business is conducted by a | ||||||
6 | manager or agent
unless the manager or agent possesses the | ||||||
7 | same qualifications required by
the licensee.
| ||||||
8 | (12) A person who has been convicted of a violation of | ||||||
9 | any Federal or
State law concerning the manufacture, | ||||||
10 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
11 | passage of this Act or has forfeited his bond to
appear in | ||||||
12 | court to answer charges for any such violation.
| ||||||
13 | (13) A person who does not beneficially own the | ||||||
14 | premises for which a
license is sought, or does not have a | ||||||
15 | lease thereon for the full period for
which the license is | ||||||
16 | to be issued.
| ||||||
17 | (14) Any law enforcing public official, including | ||||||
18 | members
of local liquor control commissions,
any mayor, | ||||||
19 | alderman, or member of the
city council or commission, any | ||||||
20 | president of the village board of trustees,
any member of a | ||||||
21 | village board of trustees, or any president or member of a
| ||||||
22 | county board; and no such official shall have a direct | ||||||
23 | interest in the
manufacture, sale, or distribution of | ||||||
24 | alcoholic liquor, except that a
license
may be granted to | ||||||
25 | such official in relation to premises that are
not
located | ||||||
26 | within the territory subject to the jurisdiction of that |
| |||||||
| |||||||
1 | official
if the issuance of such license is approved by the | ||||||
2 | State Liquor Control
Commission
and except that a license | ||||||
3 | may be granted, in a city or village with a
population of | ||||||
4 | 55,000 or less, to any alderman, member of a city council, | ||||||
5 | or
member of a village board of trustees in relation to | ||||||
6 | premises that are located
within the territory
subject to | ||||||
7 | the jurisdiction of that official if (i) the sale of | ||||||
8 | alcoholic
liquor pursuant to the license is incidental to | ||||||
9 | the selling of food, (ii) the
issuance of the license is | ||||||
10 | approved by the State Commission, (iii) the
issuance of the | ||||||
11 | license is in accordance with all applicable local | ||||||
12 | ordinances
in effect where the premises are located, and | ||||||
13 | (iv) the official granted a
license does not vote on | ||||||
14 | alcoholic liquor issues pending before the board or
council | ||||||
15 | to which the license holder is elected. Notwithstanding any | ||||||
16 | provision of this paragraph (14) to the contrary, an | ||||||
17 | alderman or member of a city council or commission, a | ||||||
18 | member of a village board of trustees other than the | ||||||
19 | president of the village board of trustees, or a member of | ||||||
20 | a county board other than the president of a county board | ||||||
21 | may have a direct interest in the manufacture, sale, or | ||||||
22 | distribution of alcoholic liquor as long as he or she is | ||||||
23 | not a law enforcing public official, a mayor, a village | ||||||
24 | board president, or president of a county board. To prevent | ||||||
25 | any conflict of interest, the elected official with the | ||||||
26 | direct interest in the manufacture, sale, or distribution |
| |||||||
| |||||||
1 | of alcoholic liquor shall not participate in any meetings, | ||||||
2 | hearings, or decisions on matters impacting the | ||||||
3 | manufacture, sale, or distribution of alcoholic liquor. | ||||||
4 | Furthermore, the mayor of a city with a population of | ||||||
5 | 55,000 or less or the president of a village with a | ||||||
6 | population of 55,000 or less may have an interest in the | ||||||
7 | manufacture, sale, or distribution of alcoholic liquor as | ||||||
8 | long as the council or board over which he or she presides | ||||||
9 | has made a local liquor control commissioner appointment | ||||||
10 | that complies with the requirements of Section 4-2 of this | ||||||
11 | Act.
| ||||||
12 | (15) A person who is not a beneficial owner of the | ||||||
13 | business to be
operated by the licensee.
| ||||||
14 | (16) A person who has been convicted of a gambling | ||||||
15 | offense as
proscribed by any of subsections (a) (3) through | ||||||
16 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
17 | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | ||||||
18 | Criminal Code of 2012, or as proscribed by a
statute
| ||||||
19 | replaced by any of the aforesaid statutory provisions.
| ||||||
20 | (17) A person or entity to whom a federal wagering | ||||||
21 | stamp has been
issued by the
federal government, unless the | ||||||
22 | person or entity is eligible to be issued a
license under | ||||||
23 | the Raffles and Poker Runs Act or the Illinois Pull Tabs | ||||||
24 | and Jar Games Act.
| ||||||
25 | (18) A person who intends to sell alcoholic liquors for | ||||||
26 | use or
consumption on his or her licensed retail premises |
| |||||||
| |||||||
1 | who does not have liquor
liability insurance coverage for | ||||||
2 | that premises in an amount that is at least
equal to the | ||||||
3 | maximum liability amounts set out in subsection (a) of | ||||||
4 | Section
6-21.
| ||||||
5 | (19) A person who is licensed by any licensing | ||||||
6 | authority as a manufacturer of beer, or any partnership, | ||||||
7 | corporation, limited liability company, or trust or any | ||||||
8 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
9 | of business enterprise licensed as a manufacturer of beer, | ||||||
10 | having any legal, equitable, or beneficial interest, | ||||||
11 | directly or indirectly, in a person licensed in this State | ||||||
12 | as a distributor or importing distributor. For purposes of | ||||||
13 | this paragraph (19), a person who is licensed by any | ||||||
14 | licensing authority as a "manufacturer of beer" shall also | ||||||
15 | mean a brewer and a non-resident dealer who is also a | ||||||
16 | manufacturer of beer, including a partnership, | ||||||
17 | corporation, limited liability company, or trust or any | ||||||
18 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
19 | of business enterprise licensed as a manufacturer of beer. | ||||||
20 | (20) A person who is licensed in this State as a | ||||||
21 | distributor or importing distributor, or any partnership, | ||||||
22 | corporation, limited liability company, or trust or any | ||||||
23 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
24 | of business enterprise licensed in this State as a | ||||||
25 | distributor or importing distributor having any legal, | ||||||
26 | equitable, or beneficial interest, directly or indirectly, |
| |||||||
| |||||||
1 | in a person licensed as a manufacturer of beer by any | ||||||
2 | licensing authority, or any partnership, corporation, | ||||||
3 | limited liability company, or trust or any subsidiary, | ||||||
4 | affiliate, or agent thereof, or any other form of business | ||||||
5 | enterprise, except for a person who owns, on or after the | ||||||
6 | effective date of this amendatory Act of the 98th General | ||||||
7 | Assembly, no more than 5% of the outstanding shares of a | ||||||
8 | manufacturer of beer whose shares are publicly traded on an | ||||||
9 | exchange within the meaning of the Securities Exchange Act | ||||||
10 | of 1934. For the purposes of this paragraph (20), a person | ||||||
11 | who is licensed by any licensing authority as a | ||||||
12 | "manufacturer of beer" shall also mean a brewer and a | ||||||
13 | non-resident dealer who is also a manufacturer of beer, | ||||||
14 | including a partnership, corporation, limited liability | ||||||
15 | company, or trust or any subsidiary, affiliate, or agent | ||||||
16 | thereof, or any other form of business enterprise licensed | ||||||
17 | as a manufacturer of beer. | ||||||
18 | (b) A criminal conviction of a corporation is not grounds | ||||||
19 | for the
denial, suspension, or revocation of a license applied | ||||||
20 | for or held by the
corporation if the criminal conviction was | ||||||
21 | not the result of a violation of any
federal or State law | ||||||
22 | concerning the manufacture, possession or sale of
alcoholic | ||||||
23 | liquor, the offense that led to the conviction did not result | ||||||
24 | in any
financial gain to the corporation and the corporation | ||||||
25 | has terminated its
relationship with each director, officer, | ||||||
26 | employee, or controlling shareholder
whose actions directly |
| |||||||
| |||||||
1 | contributed to the conviction of the corporation. The
| ||||||
2 | Commission shall determine if all provisions of this subsection | ||||||
3 | (b) have been
met before any action on the corporation's | ||||||
4 | license is initiated.
| ||||||
5 | (Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13; | ||||||
6 | 98-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)
| ||||||
7 | Section 25. The Criminal Code of 2012 is amended by | ||||||
8 | changing Sections 28-1 and 28-1.1 as follows:
| ||||||
9 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
10 | Sec. 28-1. Gambling.
| ||||||
11 | (a) A person commits gambling when he or she:
| ||||||
12 | (1) knowingly plays a game of chance or skill for money | ||||||
13 | or other thing of
value, unless excepted in subsection (b) | ||||||
14 | of this Section;
| ||||||
15 | (2) knowingly makes a wager upon the result of any | ||||||
16 | game, contest, or any
political nomination, appointment or | ||||||
17 | election;
| ||||||
18 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
19 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
20 | manufactures or distributes any
gambling device;
| ||||||
21 | (4) contracts to have or give himself or herself or | ||||||
22 | another the option to buy
or sell, or contracts to buy or | ||||||
23 | sell, at a future time, any grain or
other commodity | ||||||
24 | whatsoever, or any stock or security of any company,
where |
| |||||||
| |||||||
1 | it is at the time of making such contract intended by both | ||||||
2 | parties
thereto that the contract to buy or sell, or the | ||||||
3 | option, whenever
exercised, or the contract resulting | ||||||
4 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
5 | of such property, but by the payment only of
differences in | ||||||
6 | prices thereof; however, the issuance, purchase, sale,
| ||||||
7 | exercise, endorsement or guarantee, by or through a person | ||||||
8 | registered
with the Secretary of State pursuant to Section | ||||||
9 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
10 | a person exempt from such
registration under said Section | ||||||
11 | 8, of a put, call, or other option to
buy or sell | ||||||
12 | securities which have been registered with the Secretary of
| ||||||
13 | State or which are exempt from such registration under | ||||||
14 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
15 | gambling within the meaning of
this paragraph (4);
| ||||||
16 | (5) knowingly owns or possesses any book, instrument or | ||||||
17 | apparatus by
means of which bets or wagers have been, or | ||||||
18 | are, recorded or registered,
or knowingly possesses any | ||||||
19 | money which he has received in the course of
a bet or | ||||||
20 | wager;
| ||||||
21 | (6) knowingly sells pools upon the result of any game | ||||||
22 | or contest of skill or
chance, political nomination, | ||||||
23 | appointment or election;
| ||||||
24 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
25 | offers to sell or
transfers any ticket or share for any | ||||||
26 | lottery;
|
| |||||||
| |||||||
1 | (8) knowingly sets up or promotes any policy game or | ||||||
2 | sells, offers to sell or
knowingly possesses or transfers | ||||||
3 | any policy ticket, slip, record,
document or other similar | ||||||
4 | device;
| ||||||
5 | (9) knowingly drafts, prints or publishes any lottery | ||||||
6 | ticket or share,
or any policy ticket, slip, record, | ||||||
7 | document or similar device, except for
such activity | ||||||
8 | related to lotteries, bingo games and raffles authorized by
| ||||||
9 | and conducted in accordance with the laws of Illinois or | ||||||
10 | any other state or
foreign government;
| ||||||
11 | (10) knowingly advertises any lottery or policy game, | ||||||
12 | except for such
activity related to lotteries, bingo games | ||||||
13 | and raffles authorized by and
conducted in accordance with | ||||||
14 | the laws of Illinois or any other state;
| ||||||
15 | (11) knowingly transmits information as to wagers, | ||||||
16 | betting odds, or
changes in betting odds by telephone, | ||||||
17 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
18 | installs or maintains equipment for the
transmission or | ||||||
19 | receipt of such information; except that nothing in this
| ||||||
20 | subdivision (11) prohibits transmission or receipt of such | ||||||
21 | information
for use in news reporting of sporting events or | ||||||
22 | contests; or
| ||||||
23 | (12) knowingly establishes, maintains, or operates an | ||||||
24 | Internet site that
permits a person to play a game of
| ||||||
25 | chance or skill for money or other thing of value by means | ||||||
26 | of the Internet or
to make a wager upon the
result of any |
| |||||||
| |||||||
1 | game, contest, political nomination, appointment, or
| ||||||
2 | election by means of the Internet. This item (12) does not | ||||||
3 | apply to activities referenced in items (6) and (6.1) of | ||||||
4 | subsection (b) of this Section.
| ||||||
5 | (b) Participants in any of the following activities shall | ||||||
6 | not be
convicted of gambling:
| ||||||
7 | (1) Agreements to compensate for loss caused by the | ||||||
8 | happening of
chance including without limitation contracts | ||||||
9 | of indemnity or guaranty
and life or health or accident | ||||||
10 | insurance.
| ||||||
11 | (2) Offers of prizes, award or compensation to the | ||||||
12 | actual
contestants in any bona fide contest for the | ||||||
13 | determination of skill,
speed, strength or endurance or to | ||||||
14 | the owners of animals or vehicles
entered in such contest.
| ||||||
15 | (3) Pari-mutuel betting as authorized by the law of | ||||||
16 | this State.
| ||||||
17 | (4) Manufacture of gambling devices, including the | ||||||
18 | acquisition of
essential parts therefor and the assembly | ||||||
19 | thereof, for transportation in
interstate or foreign | ||||||
20 | commerce to any place outside this State when such
| ||||||
21 | transportation is not prohibited by any applicable Federal | ||||||
22 | law; or the
manufacture, distribution, or possession of | ||||||
23 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
24 | by manufacturers, distributors, and
terminal operators | ||||||
25 | licensed to do so under the Video Gaming Act.
| ||||||
26 | (5) The game commonly known as "bingo", when conducted |
| |||||||
| |||||||
1 | in accordance
with the Bingo License and Tax Act.
| ||||||
2 | (6) Lotteries when conducted by the State of Illinois | ||||||
3 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
4 | includes any activity conducted by the Department of | ||||||
5 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
6 | of the Illinois Lottery Law and its rules.
| ||||||
7 | (6.1) The purchase of lottery tickets through the | ||||||
8 | Internet for a lottery conducted by the State of Illinois | ||||||
9 | under the program established in Section 7.12 of the | ||||||
10 | Illinois Lottery Law.
| ||||||
11 | (7) Possession of an antique slot machine that is | ||||||
12 | neither used nor
intended to be used in the operation or | ||||||
13 | promotion of any unlawful
gambling activity or enterprise. | ||||||
14 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
15 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
16 | (8) Raffles and poker runs when conducted in accordance | ||||||
17 | with the Raffles and Poker Runs Act.
| ||||||
18 | (9) Charitable games when conducted in accordance with | ||||||
19 | the Charitable
Games Act.
| ||||||
20 | (10) Pull tabs and jar games when conducted under the | ||||||
21 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
22 | (11) Gambling games conducted on riverboats when
| ||||||
23 | authorized by the Riverboat Gambling Act.
| ||||||
24 | (12) Video gaming terminal games at a licensed | ||||||
25 | establishment, licensed truck stop establishment,
licensed
| ||||||
26 | fraternal establishment, or licensed veterans |
| |||||||
| |||||||
1 | establishment when
conducted in accordance with the Video | ||||||
2 | Gaming Act. | ||||||
3 | (13) Games of skill or chance where money or other | ||||||
4 | things of value can be won but no payment or purchase is | ||||||
5 | required to participate. | ||||||
6 | (c) Sentence.
| ||||||
7 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
8 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
9 | 4 felony.
| ||||||
10 | (d) Circumstantial evidence.
| ||||||
11 | In prosecutions under
this
Section circumstantial evidence | ||||||
12 | shall have the same validity and weight as
in any criminal | ||||||
13 | prosecution.
| ||||||
14 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
15 | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| ||||||
16 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
17 | Sec. 28-1.1. Syndicated gambling.
| ||||||
18 | (a) Declaration of Purpose. Recognizing the close | ||||||
19 | relationship between
professional gambling and other organized | ||||||
20 | crime, it is declared to be the
policy of the legislature to | ||||||
21 | restrain persons from engaging in the business
of gambling for | ||||||
22 | profit in this State. This Section shall be liberally
construed | ||||||
23 | and administered with a view to carrying out this policy.
| ||||||
24 | (b) A person commits syndicated gambling when he or she | ||||||
25 | operates a "policy
game" or engages in the business of |
| |||||||
| |||||||
1 | bookmaking.
| ||||||
2 | (c) A person "operates a policy game" when he or she | ||||||
3 | knowingly uses any
premises or property for the purpose of | ||||||
4 | receiving or knowingly does
receive from what is commonly | ||||||
5 | called "policy":
| ||||||
6 | (1) money from a person other than the bettor or player | ||||||
7 | whose
bets or plays are represented by the money; or
| ||||||
8 | (2) written "policy game" records, made or used over | ||||||
9 | any
period of time, from a person other than the bettor or | ||||||
10 | player whose bets
or plays are represented by the written | ||||||
11 | record.
| ||||||
12 | (d) A person engages in bookmaking when he or she knowingly | ||||||
13 | receives or accepts more
than five bets or wagers upon the | ||||||
14 | result of any trials or contests of
skill, speed or power of | ||||||
15 | endurance or upon any lot, chance, casualty,
unknown or | ||||||
16 | contingent event whatsoever, which bets or wagers shall be of
| ||||||
17 | such size that the total of the amounts of money paid or | ||||||
18 | promised to be
paid to the bookmaker on account thereof shall | ||||||
19 | exceed $2,000.
Bookmaking is the receiving or accepting of bets | ||||||
20 | or wagers
regardless of the form or manner in which the | ||||||
21 | bookmaker records them.
| ||||||
22 | (e) Participants in any of the following activities shall | ||||||
23 | not be
convicted of syndicated gambling:
| ||||||
24 | (1) Agreements to compensate for loss caused by the | ||||||
25 | happening
of chance including without limitation contracts | ||||||
26 | of indemnity or
guaranty and life or health or accident |
| |||||||
| |||||||
1 | insurance;
| ||||||
2 | (2) Offers of prizes, award or compensation to the | ||||||
3 | actual
contestants in any bona fide contest for the | ||||||
4 | determination of skill,
speed, strength or endurance or to | ||||||
5 | the owners of animals or vehicles
entered in the contest;
| ||||||
6 | (3) Pari-mutuel betting as authorized by law of this | ||||||
7 | State;
| ||||||
8 | (4) Manufacture of gambling devices, including the | ||||||
9 | acquisition
of essential parts therefor and the assembly | ||||||
10 | thereof, for transportation
in interstate or foreign | ||||||
11 | commerce to any place outside this State when
the | ||||||
12 | transportation is not prohibited by any applicable Federal | ||||||
13 | law;
| ||||||
14 | (5) Raffles and poker runs when conducted in accordance | ||||||
15 | with the Raffles and Poker Runs Act;
| ||||||
16 | (6) Gambling games conducted on riverboats when
| ||||||
17 | authorized by the Riverboat Gambling Act; and
| ||||||
18 | (7) Video gaming terminal games at a licensed | ||||||
19 | establishment, licensed truck stop establishment,
licensed
| ||||||
20 | fraternal establishment, or licensed veterans | ||||||
21 | establishment
when conducted in accordance with the Video | ||||||
22 | Gaming Act.
| ||||||
23 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
24 | (Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|