Bill Text: IL SB3387 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Riverboat Gambling Act. Provides that limitations on certain civil penalties shall not apply to civil penalties assessed under the Video Gaming Act. Provides that, in determining whether to grant an owners license to an applicant, the Illinois Gaming Board shall consider the extent to which the applicant considers veterans of the armed forces of the United States for employment. Requires the Board, by rule, to establish goals for the award of contracts by each owners licensee to businesses owned by veterans of service in the armed forces of the United States, expressed as percentages of an owners licensee's total dollar amount of contracts awarded during each calendar year. Removes provisions concerning the distribution of certain funds into the Horse Racing Equity Fund. Amends the Video Gaming Act. Provides that the Illinois Gaming Board shall not grant an application to become a licensed video gaming location if the Board determines that granting the application would more likely than not cause a terminal operator licensed video gaming location to operate the video gaming terminals in 2 or more licensed video gaming locations as a single video gaming operation. Provides factors to be considered by the Board in determining restrictions on licenses in malls. Changes the non-refundable license application fee for terminal handlers from $50 to $100. Adds provisions providing that the non-refundable license application fee for certain licenses shall be $100. Provides that all current supplier licensees under the Riverboat Gambling Act shall be entitled to licensure under the Video Gaming Act as manufacturers, distributors, or suppliers without additional Board investigation or approval, except by vote of the Board. Makes other changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-12-14 - Public Act . . . . . . . . . 100-1152 [SB3387 Detail]
Download: Illinois-2017-SB3387-Engrossed.html
Bill Title: Amends the Riverboat Gambling Act. Provides that limitations on certain civil penalties shall not apply to civil penalties assessed under the Video Gaming Act. Provides that, in determining whether to grant an owners license to an applicant, the Illinois Gaming Board shall consider the extent to which the applicant considers veterans of the armed forces of the United States for employment. Requires the Board, by rule, to establish goals for the award of contracts by each owners licensee to businesses owned by veterans of service in the armed forces of the United States, expressed as percentages of an owners licensee's total dollar amount of contracts awarded during each calendar year. Removes provisions concerning the distribution of certain funds into the Horse Racing Equity Fund. Amends the Video Gaming Act. Provides that the Illinois Gaming Board shall not grant an application to become a licensed video gaming location if the Board determines that granting the application would more likely than not cause a terminal operator licensed video gaming location to operate the video gaming terminals in 2 or more licensed video gaming locations as a single video gaming operation. Provides factors to be considered by the Board in determining restrictions on licenses in malls. Changes the non-refundable license application fee for terminal handlers from $50 to $100. Adds provisions providing that the non-refundable license application fee for certain licenses shall be $100. Provides that all current supplier licensees under the Riverboat Gambling Act shall be entitled to licensure under the Video Gaming Act as manufacturers, distributors, or suppliers without additional Board investigation or approval, except by vote of the Board. Makes other changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-12-14 - Public Act . . . . . . . . . 100-1152 [SB3387 Detail]
Download: Illinois-2017-SB3387-Engrossed.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 5, 7, and 7.6 as follows:
| ||||||
6 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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7 | Sec. 5. Gaming Board.
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8 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
9 | Board, which shall have the powers and duties specified in
this | ||||||
10 | Act, and all other powers necessary and proper to fully and
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11 | effectively execute this Act for the purpose of administering, | ||||||
12 | regulating,
and enforcing the system of riverboat gambling | ||||||
13 | established by this Act. Its
jurisdiction shall extend under | ||||||
14 | this Act to every person, association,
corporation, | ||||||
15 | partnership and trust involved in riverboat gambling
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16 | operations in the State of Illinois.
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17 | (2) The Board shall consist of 5 members to be appointed by | ||||||
18 | the Governor
with the advice and consent of the Senate, one of | ||||||
19 | whom shall be designated
by the Governor to be chairman. Each | ||||||
20 | member shall have a reasonable
knowledge of the practice, | ||||||
21 | procedure and principles of gambling operations.
Each member | ||||||
22 | shall either be a resident of Illinois or shall certify that he
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23 | will become a resident of Illinois before taking office. At |
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1 | least one member
shall be experienced in law enforcement and | ||||||
2 | criminal investigation, at
least one member shall be a | ||||||
3 | certified public accountant experienced in
accounting and | ||||||
4 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
5 | practice law in Illinois.
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6 | (3) The terms of office of the Board members shall be 3 | ||||||
7 | years, except
that the terms of office of the initial Board | ||||||
8 | members appointed pursuant to
this Act will commence from the | ||||||
9 | effective date of this Act and run as
follows: one for a term | ||||||
10 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
11 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
12 | foregoing terms, the successors of such members shall serve a | ||||||
13 | term for 3
years and until their successors are appointed and | ||||||
14 | qualified for like terms.
Vacancies in the Board shall be | ||||||
15 | filled for the unexpired term in like
manner as original | ||||||
16 | appointments. Each member of the Board shall be
eligible for | ||||||
17 | reappointment at the discretion of the Governor with the
advice | ||||||
18 | and consent of the Senate.
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19 | (4) Each member of the Board shall receive $300 for each | ||||||
20 | day the
Board meets and for each day the member conducts any | ||||||
21 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
22 | also be reimbursed for all actual
and necessary expenses and | ||||||
23 | disbursements incurred in the execution of official
duties.
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24 | (5) No person shall be appointed a member of the Board or | ||||||
25 | continue to be
a member of the Board who is, or whose spouse, | ||||||
26 | child or parent is, a member
of the board of directors of, or a |
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1 | person financially interested in, any
gambling operation | ||||||
2 | subject to the jurisdiction of this Board, or any race
track, | ||||||
3 | race meeting, racing association or the operations thereof | ||||||
4 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
5 | Board member shall
hold any other public office. No person | ||||||
6 | shall be a
member of the Board who is not of good moral | ||||||
7 | character or who has been
convicted of, or is under indictment | ||||||
8 | for, a felony under the laws of
Illinois or any other state, or | ||||||
9 | the United States.
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10 | (5.5) No member of the Board shall engage in any political | ||||||
11 | activity. For the purposes of this Section, "political" means | ||||||
12 | any activity in support
of or in connection with any campaign | ||||||
13 | for federal, State, or local elective office or any political
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14 | organization, but does not include activities (i) relating to | ||||||
15 | the support or
opposition of any executive, legislative, or | ||||||
16 | administrative action (as those
terms are defined in Section 2 | ||||||
17 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
18 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
19 | person's official
State duties or governmental and public | ||||||
20 | service functions.
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21 | (6) Any member of the Board may be removed by the Governor | ||||||
22 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
23 | in office or for engaging in any political activity.
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24 | (7) Before entering upon the discharge of the duties of his | ||||||
25 | office, each
member of the Board shall take an oath that he | ||||||
26 | will faithfully execute the
duties of his office according to |
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1 | the laws of the State and the rules and
regulations adopted | ||||||
2 | therewith and shall give bond to the State of Illinois,
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3 | approved by the Governor, in the sum of $25,000. Every such | ||||||
4 | bond, when
duly executed and approved, shall be recorded in the | ||||||
5 | office of the
Secretary of State. Whenever the Governor | ||||||
6 | determines that the bond of any
member of the Board has become | ||||||
7 | or is likely to become invalid or
insufficient, he shall | ||||||
8 | require such member forthwith to renew his bond,
which is to be | ||||||
9 | approved by the Governor. Any member of the Board who fails
to | ||||||
10 | take oath and give bond within 30 days from the date of his | ||||||
11 | appointment,
or who fails to renew his bond within 30 days | ||||||
12 | after it is demanded by the
Governor, shall be guilty of | ||||||
13 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
14 | any bond given by any member of the Board under this
Section | ||||||
15 | shall be taken to be a part of the necessary expenses of the | ||||||
16 | Board.
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17 | (7.5) For the examination of all mechanical, | ||||||
18 | electromechanical, or electronic table games, slot machines, | ||||||
19 | slot accounting systems, and other electronic gaming equipment | ||||||
20 | for compliance with this Act, the Board may utilize the | ||||||
21 | services of one or more independent outside testing | ||||||
22 | laboratories that have been accredited by a national | ||||||
23 | accreditation body and that, in the judgment of the Board, are | ||||||
24 | qualified to perform such examinations. | ||||||
25 | (8) The Board shall employ such
personnel as may be | ||||||
26 | necessary to carry out its functions and shall determine the |
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1 | salaries of all personnel, except those personnel whose | ||||||
2 | salaries are determined under the terms of a collective | ||||||
3 | bargaining agreement. No
person shall be employed to serve the | ||||||
4 | Board who is, or whose spouse, parent
or child is, an official | ||||||
5 | of, or has a financial interest in or financial
relation with, | ||||||
6 | any operator engaged in gambling operations within this
State | ||||||
7 | or any organization engaged in conducting horse racing within | ||||||
8 | this
State. Any employee violating these prohibitions shall be | ||||||
9 | subject to
termination of employment.
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10 | (9) An Administrator shall perform any and all duties that | ||||||
11 | the Board
shall assign him. The salary of the Administrator | ||||||
12 | shall be determined by
the Board and, in addition,
he shall be | ||||||
13 | reimbursed for all actual and necessary expenses incurred by
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14 | him in discharge of his official duties. The Administrator | ||||||
15 | shall keep
records of all proceedings of the Board and shall | ||||||
16 | preserve all records,
books, documents and other papers | ||||||
17 | belonging to the Board or entrusted to
its care. The | ||||||
18 | Administrator shall devote his full time to the duties of
the | ||||||
19 | office and shall not hold any other office or employment.
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20 | (b) The Board shall have general responsibility for the | ||||||
21 | implementation
of this Act. Its duties include, without | ||||||
22 | limitation, the following:
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23 | (1) To decide promptly and in reasonable order all | ||||||
24 | license applications.
Any party aggrieved by an action of | ||||||
25 | the Board denying, suspending,
revoking, restricting or | ||||||
26 | refusing to renew a license may request a hearing
before |
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1 | the Board. A request for a hearing must be made to the | ||||||
2 | Board in
writing within 5 days after service of notice of | ||||||
3 | the action of the Board.
Notice of the action of the Board | ||||||
4 | shall be served either by personal
delivery or by certified | ||||||
5 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
6 | served by certified mail shall be deemed complete on the | ||||||
7 | business
day following the date of such mailing. The Board | ||||||
8 | shall conduct all
requested hearings promptly and in | ||||||
9 | reasonable order;
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10 | (2) To conduct all hearings pertaining to civil | ||||||
11 | violations of this Act
or rules and regulations promulgated | ||||||
12 | hereunder;
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13 | (3) To promulgate such rules and regulations as in its | ||||||
14 | judgment may be
necessary to protect or enhance the | ||||||
15 | credibility and integrity of gambling
operations | ||||||
16 | authorized by this Act and the regulatory process | ||||||
17 | hereunder;
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18 | (4) To provide for the establishment and collection of | ||||||
19 | all license and
registration fees and taxes imposed by this | ||||||
20 | Act and the rules and
regulations issued pursuant hereto. | ||||||
21 | All such fees and taxes shall be
deposited into the State | ||||||
22 | Gaming Fund;
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23 | (5) To provide for the levy and collection of penalties | ||||||
24 | and fines for the
violation of provisions of this Act and | ||||||
25 | the rules and regulations
promulgated hereunder. All such | ||||||
26 | fines and penalties shall be deposited
into the Education |
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1 | Assistance Fund, created by Public Act 86-0018, of the
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2 | State of Illinois;
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3 | (6) To be present through its inspectors and agents any | ||||||
4 | time gambling
operations are conducted on any riverboat for | ||||||
5 | the purpose of certifying the
revenue thereof, receiving | ||||||
6 | complaints from the public, and conducting such
other | ||||||
7 | investigations into the conduct of the gambling games and | ||||||
8 | the
maintenance of the equipment as from time to time the | ||||||
9 | Board may deem
necessary and proper;
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10 | (7) To review and rule upon any complaint by a licensee
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11 | regarding any investigative procedures of the State which | ||||||
12 | are unnecessarily
disruptive of gambling operations. The | ||||||
13 | need to inspect and investigate
shall be presumed at all | ||||||
14 | times. The disruption of a licensee's operations
shall be | ||||||
15 | proved by clear and convincing evidence, and establish | ||||||
16 | that: (A)
the procedures had no reasonable law enforcement | ||||||
17 | purposes, and (B) the
procedures were so disruptive as to | ||||||
18 | unreasonably inhibit gambling operations;
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19 | (8) To hold at least one meeting each quarter of the | ||||||
20 | fiscal
year. In addition, special meetings may be called by | ||||||
21 | the Chairman or any 2
Board members upon 72 hours written | ||||||
22 | notice to each member. All Board
meetings shall be subject | ||||||
23 | to the Open Meetings Act. Three members of the
Board shall | ||||||
24 | constitute a quorum, and 3 votes shall be required for any
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25 | final determination by the Board. The Board shall keep a | ||||||
26 | complete and
accurate record of all its meetings. A |
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1 | majority of the members of the Board
shall constitute a | ||||||
2 | quorum for the transaction of any business, for the
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3 | performance of any duty, or for the exercise of any power | ||||||
4 | which this Act
requires the Board members to transact, | ||||||
5 | perform or exercise en banc, except
that, upon order of the | ||||||
6 | Board, one of the Board members or an
administrative law | ||||||
7 | judge designated by the Board may conduct any hearing
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8 | provided for under this Act or by Board rule and may | ||||||
9 | recommend findings and
decisions to the Board. The Board | ||||||
10 | member or administrative law judge
conducting such hearing | ||||||
11 | shall have all powers and rights granted to the
Board in | ||||||
12 | this Act. The record made at the time of the hearing shall | ||||||
13 | be
reviewed by the Board, or a majority thereof, and the | ||||||
14 | findings and decision
of the majority of the Board shall | ||||||
15 | constitute the order of the Board in
such case;
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16 | (9) To maintain records which are separate and distinct | ||||||
17 | from the records
of any other State board or commission. | ||||||
18 | Such records shall be available
for public inspection and | ||||||
19 | shall accurately reflect all Board proceedings;
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20 | (10) To file a written annual report with the Governor | ||||||
21 | on or before
July 1 March 1 each year and such additional | ||||||
22 | reports as the Governor may request.
The annual report | ||||||
23 | shall include a statement of receipts and disbursements
by | ||||||
24 | the Board, actions taken by the Board, and any additional | ||||||
25 | information
and recommendations which the Board may deem | ||||||
26 | valuable or which the Governor
may request;
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1 | (11) (Blank);
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2 | (12) (Blank);
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3 | (13) To assume responsibility for administration and | ||||||
4 | enforcement of the
Video Gaming Act; and | ||||||
5 | (14) To adopt, by rule, a code of conduct governing | ||||||
6 | Board members and employees that ensure, to the maximum | ||||||
7 | extent possible, that persons subject to this Code avoid | ||||||
8 | situations, relationships, or associations that may | ||||||
9 | represent or lead to a conflict of interest.
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10 | (c) The Board shall have jurisdiction over and shall | ||||||
11 | supervise all
gambling operations governed by this Act. The | ||||||
12 | Board shall have all powers
necessary and proper to fully and | ||||||
13 | effectively execute the provisions of
this Act, including, but | ||||||
14 | not limited to, the following:
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15 | (1) To investigate applicants and determine the | ||||||
16 | eligibility of
applicants for licenses and to select among | ||||||
17 | competing applicants the
applicants which best serve the | ||||||
18 | interests of the citizens of Illinois.
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19 | (2) To have jurisdiction and supervision over all | ||||||
20 | riverboat gambling
operations in this State and all persons | ||||||
21 | on riverboats where gambling
operations are conducted.
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22 | (3) To promulgate rules and regulations for the purpose | ||||||
23 | of administering
the provisions of this Act and to | ||||||
24 | prescribe rules, regulations and
conditions under which | ||||||
25 | all riverboat gambling in the State shall be
conducted. | ||||||
26 | Such rules and regulations are to provide for the |
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1 | prevention of
practices detrimental to the public interest | ||||||
2 | and for the best interests of
riverboat gambling, including | ||||||
3 | rules and regulations regarding the
inspection of such | ||||||
4 | riverboats and the review of any permits or licenses
| ||||||
5 | necessary to operate a riverboat under any laws or | ||||||
6 | regulations applicable
to riverboats, and to impose | ||||||
7 | penalties for violations thereof.
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8 | (4) To enter the office, riverboats, facilities, or | ||||||
9 | other
places of business of a licensee, where evidence of | ||||||
10 | the compliance or
noncompliance with the provisions of this | ||||||
11 | Act is likely to be found.
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12 | (5) To investigate alleged violations of this Act or | ||||||
13 | the
rules of the Board and to take appropriate disciplinary
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14 | action against a licensee or a holder of an occupational | ||||||
15 | license for a
violation, or institute appropriate legal | ||||||
16 | action for enforcement, or both.
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17 | (6) To adopt standards for the licensing of all persons | ||||||
18 | under this Act,
as well as for electronic or mechanical | ||||||
19 | gambling games, and to establish
fees for such licenses.
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20 | (7) To adopt appropriate standards for all riverboats
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21 | and facilities.
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22 | (8) To require that the records, including financial or | ||||||
23 | other statements
of any licensee under this Act, shall be | ||||||
24 | kept in such manner as prescribed
by the Board and that any | ||||||
25 | such licensee involved in the ownership or
management of | ||||||
26 | gambling operations submit to the Board an annual balance
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1 | sheet and profit and loss statement, list of the | ||||||
2 | stockholders or other
persons having a 1% or greater | ||||||
3 | beneficial interest in the gambling
activities of each | ||||||
4 | licensee, and any other information the Board deems
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5 | necessary in order to effectively administer this Act and | ||||||
6 | all rules,
regulations, orders and final decisions | ||||||
7 | promulgated under this Act.
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8 | (9) To conduct hearings, issue subpoenas for the | ||||||
9 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
10 | production of books, records
and other pertinent documents | ||||||
11 | in accordance with the Illinois
Administrative Procedure | ||||||
12 | Act, and to administer oaths and affirmations to
the | ||||||
13 | witnesses, when, in the judgment of the Board, it is | ||||||
14 | necessary to
administer or enforce this Act or the Board | ||||||
15 | rules.
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16 | (10) To prescribe a form to be used by any licensee | ||||||
17 | involved in the
ownership or management of gambling | ||||||
18 | operations as an
application for employment for their | ||||||
19 | employees.
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20 | (11) To revoke or suspend licenses, as the Board may | ||||||
21 | see fit and in
compliance with applicable laws of the State | ||||||
22 | regarding administrative
procedures, and to review | ||||||
23 | applications for the renewal of licenses. The
Board may | ||||||
24 | suspend an owners license, without notice or hearing upon a
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25 | determination that the safety or health of patrons or | ||||||
26 | employees is
jeopardized by continuing a riverboat's |
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1 | operation. The suspension may
remain in effect until the | ||||||
2 | Board determines that the cause for suspension
has been | ||||||
3 | abated. The Board may revoke the owners license upon a
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4 | determination that the owner has not made satisfactory | ||||||
5 | progress toward
abating the hazard.
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6 | (12) To eject or exclude or authorize the ejection or | ||||||
7 | exclusion of, any
person from riverboat gambling | ||||||
8 | facilities where such person is in violation
of this Act, | ||||||
9 | rules and regulations thereunder, or final orders of the
| ||||||
10 | Board, or where such person's conduct or reputation is such | ||||||
11 | that his
presence within the riverboat gambling facilities | ||||||
12 | may, in the opinion of
the Board, call into question the | ||||||
13 | honesty and integrity of the gambling
operations or | ||||||
14 | interfere with orderly conduct thereof; provided that the
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15 | propriety of such ejection or exclusion is subject to | ||||||
16 | subsequent hearing
by the Board.
| ||||||
17 | (13) To require all licensees of gambling operations to | ||||||
18 | utilize a
cashless wagering system whereby all players' | ||||||
19 | money is converted to tokens,
electronic cards, or chips | ||||||
20 | which shall be used only for wagering in the
gambling | ||||||
21 | establishment.
| ||||||
22 | (14) (Blank).
| ||||||
23 | (15) To suspend, revoke or restrict licenses, to | ||||||
24 | require the
removal of a licensee or an employee of a | ||||||
25 | licensee for a violation of this
Act or a Board rule or for | ||||||
26 | engaging in a fraudulent practice, and to
impose civil |
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1 | penalties of up to $5,000 against individuals and up to
| ||||||
2 | $10,000 or an amount equal to the daily gross receipts, | ||||||
3 | whichever is
larger, against licensees for each violation | ||||||
4 | of any provision of the Act,
any rules adopted by the | ||||||
5 | Board, any order of the Board or any other action
which, in | ||||||
6 | the Board's discretion, is a detriment or impediment to | ||||||
7 | riverboat
gambling operations.
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8 | (16) To hire employees to gather information, conduct | ||||||
9 | investigations
and carry out any other tasks contemplated | ||||||
10 | under this Act.
| ||||||
11 | (17) To establish minimum levels of insurance to be | ||||||
12 | maintained by
licensees.
| ||||||
13 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
14 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
15 | of 1934 on board a riverboat
and to have exclusive | ||||||
16 | authority to establish the hours for sale and
consumption | ||||||
17 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
18 | any
provision of the Liquor Control Act of 1934 or any | ||||||
19 | local ordinance, and
regardless of whether the riverboat | ||||||
20 | makes excursions. The
establishment of the hours for sale | ||||||
21 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
22 | an exclusive power and function of the State. A home
rule | ||||||
23 | unit may not establish the hours for sale and consumption | ||||||
24 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
25 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
26 | and functions under subsection (h) of
Section 6 of Article |
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| |||||||
1 | VII of the Illinois Constitution.
| ||||||
2 | (19) After consultation with the U.S. Army Corps of | ||||||
3 | Engineers, to
establish binding emergency orders upon the | ||||||
4 | concurrence of a majority of
the members of the Board | ||||||
5 | regarding the navigability of water, relative to
| ||||||
6 | excursions,
in the event
of extreme weather conditions, | ||||||
7 | acts of God or other extreme circumstances.
| ||||||
8 | (20) To delegate the execution of any of its powers | ||||||
9 | under this Act for
the purpose of administering and | ||||||
10 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
11 | (20.5) To approve any contract entered into on its | ||||||
12 | behalf.
| ||||||
13 | (20.6) To appoint investigators to conduct | ||||||
14 | investigations, searches, seizures, arrests, and other | ||||||
15 | duties imposed under this Act, as deemed necessary by the | ||||||
16 | Board. These investigators have and may exercise all of the | ||||||
17 | rights and powers of peace officers, provided that these | ||||||
18 | powers shall be limited to offenses or violations occurring | ||||||
19 | or committed on a riverboat or dock, as defined in | ||||||
20 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
21 | provided by this Act or any other law. | ||||||
22 | (20.7) To contract with the Department of State Police | ||||||
23 | for the use of trained and qualified State police officers | ||||||
24 | and with the Department of Revenue for the use of trained | ||||||
25 | and qualified Department of Revenue investigators to | ||||||
26 | conduct investigations, searches, seizures, arrests, and |
| |||||||
| |||||||
1 | other duties imposed under this Act and to exercise all of | ||||||
2 | the rights and powers of peace officers, provided that the | ||||||
3 | powers of Department of Revenue investigators under this | ||||||
4 | subdivision (20.7) shall be limited to offenses or | ||||||
5 | violations occurring or committed on a riverboat or dock, | ||||||
6 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
7 | otherwise provided by this Act or any other law. In the | ||||||
8 | event the Department of State Police or the Department of | ||||||
9 | Revenue is unable to fill contracted police or | ||||||
10 | investigative positions, the Board may appoint | ||||||
11 | investigators to fill those positions pursuant to | ||||||
12 | subdivision (20.6).
| ||||||
13 | (21) To take any other action as may be reasonable or | ||||||
14 | appropriate to
enforce this Act and rules and regulations | ||||||
15 | hereunder.
| ||||||
16 | (d) The Board may seek and shall receive the cooperation of | ||||||
17 | the
Department of State Police in conducting background | ||||||
18 | investigations of
applicants and in fulfilling its | ||||||
19 | responsibilities under
this Section. Costs incurred by the | ||||||
20 | Department of State Police as
a result of such cooperation | ||||||
21 | shall be paid by the Board in conformance
with the requirements | ||||||
22 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
23 | ILCS 2605/2605-400).
| ||||||
24 | (e) The Board must authorize to each investigator and to | ||||||
25 | any other
employee of the Board exercising the powers of a | ||||||
26 | peace officer a distinct badge
that, on its face, (i) clearly |
| |||||||
| |||||||
1 | states that the badge is authorized by the Board
and
(ii) | ||||||
2 | contains a unique identifying number. No other badge shall be | ||||||
3 | authorized
by the Board.
| ||||||
4 | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
| ||||||
5 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
6 | Sec. 7. Owners licenses.
| ||||||
7 | (a) The Board shall issue owners licenses to persons, firms | ||||||
8 | or
corporations which apply for such licenses upon payment to | ||||||
9 | the Board of the
non-refundable license fee set by the Board, | ||||||
10 | upon payment of a $25,000
license fee for the first year of | ||||||
11 | operation and a $5,000 license fee for
each succeeding year and | ||||||
12 | upon a determination by the Board that the
applicant is | ||||||
13 | eligible for an owners license pursuant to this Act and the
| ||||||
14 | rules of the Board. From the effective date of this amendatory | ||||||
15 | Act of the 95th General Assembly until (i) 3 years after the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly, (ii) the date any organization licensee begins to | ||||||
18 | operate a slot machine or video game of chance under the | ||||||
19 | Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||||||
20 | that payments begin under subsection (c-5) of Section 13 of the | ||||||
21 | Act, or (iv) the wagering tax imposed under Section 13 of this | ||||||
22 | Act is increased by law to reflect a tax rate that is at least | ||||||
23 | as stringent or more stringent than the tax rate contained in | ||||||
24 | subsection (a-3) of Section 13, whichever occurs first, as a | ||||||
25 | condition of licensure and as an alternative source of payment |
| |||||||
| |||||||
1 | for those funds payable under subsection (c-5) of Section 13 of | ||||||
2 | the Riverboat Gambling Act, any owners licensee that holds or | ||||||
3 | receives its owners license on or after the effective date of | ||||||
4 | this amendatory Act of the 94th General Assembly, other than an | ||||||
5 | owners licensee operating a riverboat with adjusted gross | ||||||
6 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
7 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
8 | other payments required under this Act, an amount equal to 3% | ||||||
9 | of the adjusted gross receipts received by the owners licensee. | ||||||
10 | The payments required under this Section shall be made by the | ||||||
11 | owners licensee to the State Treasurer no later than 3:00 | ||||||
12 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
13 | receipts were received by the owners licensee. A person, firm | ||||||
14 | or corporation is ineligible to receive
an owners license if:
| ||||||
15 | (1) the person has been convicted of a felony under the | ||||||
16 | laws of this
State, any other state, or the United States;
| ||||||
17 | (2) the person has been convicted of any violation of | ||||||
18 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, or substantially similar laws of any other | ||||||
20 | jurisdiction;
| ||||||
21 | (3) the person has submitted an application for a | ||||||
22 | license under this
Act which contains false information;
| ||||||
23 | (4) the person is
a member of the Board;
| ||||||
24 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
25 | officer, director or
managerial employee of the firm or | ||||||
26 | corporation;
|
| |||||||
| |||||||
1 | (6) the firm or corporation employs a person defined in | ||||||
2 | (1), (2), (3) or
(4) who participates in the management or | ||||||
3 | operation of gambling operations
authorized under this | ||||||
4 | Act;
| ||||||
5 | (7) (blank); or
| ||||||
6 | (8) a license of the person, firm or corporation issued | ||||||
7 | under
this Act, or a license to own or operate gambling | ||||||
8 | facilities
in any other jurisdiction, has been revoked.
| ||||||
9 | The Board is expressly prohibited from making changes to | ||||||
10 | the requirement that licensees make payment into the Horse | ||||||
11 | Racing Equity Trust Fund without the express authority of the | ||||||
12 | Illinois General Assembly and making any other rule to | ||||||
13 | implement or interpret this amendatory Act of the 95th General | ||||||
14 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
15 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
16 | Administrative Procedure Act. | ||||||
17 | (b) In determining whether to grant an owners license to an | ||||||
18 | applicant, the
Board shall consider:
| ||||||
19 | (1) the character, reputation, experience and | ||||||
20 | financial integrity of the
applicants and of any other or | ||||||
21 | separate person that either:
| ||||||
22 | (A) controls, directly or indirectly, such | ||||||
23 | applicant, or
| ||||||
24 | (B) is controlled, directly or indirectly, by such | ||||||
25 | applicant or by a
person which controls, directly or | ||||||
26 | indirectly, such applicant;
|
| |||||||
| |||||||
1 | (2) the facilities or proposed facilities for the | ||||||
2 | conduct of riverboat
gambling;
| ||||||
3 | (3) the highest prospective total revenue to be derived | ||||||
4 | by the State
from the conduct of riverboat gambling;
| ||||||
5 | (4) the extent to which the ownership of the applicant | ||||||
6 | reflects the
diversity of the State by including minority | ||||||
7 | persons, women, and persons with a disability
and the good | ||||||
8 | faith affirmative action plan of
each applicant to recruit, | ||||||
9 | train and upgrade minority persons, women, and persons with | ||||||
10 | a disability in all employment classifications;
| ||||||
11 | (4.5) the extent to which the ownership of the | ||||||
12 | applicant includes veterans of service in the armed forces | ||||||
13 | of the United States, and the good faith affirmative action | ||||||
14 | plan of each applicant to recruit, train, and upgrade | ||||||
15 | veterans of service in the armed forces of the United | ||||||
16 | States in all employment classifications; | ||||||
17 | (5) the financial ability of the applicant to purchase | ||||||
18 | and maintain
adequate liability and casualty insurance;
| ||||||
19 | (6) whether the applicant has adequate capitalization | ||||||
20 | to provide and
maintain, for the duration of a license, a | ||||||
21 | riverboat;
| ||||||
22 | (7) the extent to which the applicant exceeds or meets | ||||||
23 | other standards
for the issuance of an owners license which | ||||||
24 | the Board may adopt by rule;
and
| ||||||
25 | (8) The amount of the applicant's license bid.
| ||||||
26 | (c) Each owners license shall specify the place where |
| |||||||
| |||||||
1 | riverboats shall
operate and dock.
| ||||||
2 | (d) Each applicant shall submit with his application, on | ||||||
3 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
4 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
5 | holders of such
licenses to own riverboats. In the application | ||||||
6 | for an owners license, the
applicant shall state the dock at | ||||||
7 | which the riverboat is based and the water
on which the | ||||||
8 | riverboat will be located. The Board shall issue 5 licenses to
| ||||||
9 | become effective not earlier than January 1, 1991. Three of | ||||||
10 | such licenses
shall authorize riverboat gambling on the | ||||||
11 | Mississippi River, or, with approval
by the municipality in | ||||||
12 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
13 | approval, be authorized to relocate to a new location,
in a
| ||||||
14 | municipality that (1) borders on the Mississippi River or is | ||||||
15 | within 5
miles of the city limits of a municipality that | ||||||
16 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
17 | had a riverboat conducting riverboat gambling operations | ||||||
18 | pursuant to
a license issued under this Act; one of which shall | ||||||
19 | authorize riverboat
gambling from a home dock in the city of | ||||||
20 | East St. Louis. One other license
shall
authorize riverboat | ||||||
21 | gambling on
the Illinois River south of Marshall County. The | ||||||
22 | Board shall issue one
additional license to become effective | ||||||
23 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
24 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
25 | issue 4 additional licenses to become effective not
earlier | ||||||
26 | than
March 1, 1992. In determining the water upon which |
| |||||||
| |||||||
1 | riverboats will operate,
the Board shall consider the economic | ||||||
2 | benefit which riverboat gambling confers
on the State, and | ||||||
3 | shall seek to assure that all regions of the State share
in the | ||||||
4 | economic benefits of riverboat gambling.
| ||||||
5 | In granting all licenses, the Board may give favorable | ||||||
6 | consideration to
economically depressed areas of the State, to | ||||||
7 | applicants presenting plans
which provide for significant | ||||||
8 | economic development over a large geographic
area, and to | ||||||
9 | applicants who currently operate non-gambling riverboats in
| ||||||
10 | Illinois.
The Board shall review all applications for owners | ||||||
11 | licenses,
and shall inform each applicant of the Board's | ||||||
12 | decision.
The Board may grant an owners license to an
applicant | ||||||
13 | that has not submitted the highest license bid, but if it does | ||||||
14 | not
select the highest bidder, the Board shall issue a written | ||||||
15 | decision explaining
why another
applicant was selected and | ||||||
16 | identifying the factors set forth in this Section
that favored | ||||||
17 | the winning bidder.
| ||||||
18 | In addition to any other revocation powers granted to the | ||||||
19 | Board under this
Act,
the Board may revoke the owners license | ||||||
20 | of a licensee which fails
to begin conducting gambling within | ||||||
21 | 15 months
of receipt of the
Board's approval of the application | ||||||
22 | if the Board determines that license
revocation is in the best | ||||||
23 | interests of the State.
| ||||||
24 | (f) The first 10 owners licenses issued under this Act | ||||||
25 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
26 | thereon
for a period of 3 years after the effective date of the |
| |||||||
| |||||||
1 | license. Holders of
the first 10 owners licenses must pay the | ||||||
2 | annual license fee for each of
the 3
years during which they | ||||||
3 | are authorized to own riverboats.
| ||||||
4 | (g) Upon the termination, expiration, or revocation of each | ||||||
5 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
6 | period, all licenses are
renewable annually upon payment of the | ||||||
7 | fee and a determination by the Board
that the licensee | ||||||
8 | continues to meet all of the requirements of this Act and the
| ||||||
9 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
10 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
11 | Board sets a shorter period.
| ||||||
12 | (h) An owners license shall entitle the licensee to own up | ||||||
13 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
14 | participants to
1,200 for any such owners license.
A licensee | ||||||
15 | may operate both of its riverboats concurrently, provided that | ||||||
16 | the
total number of gambling participants on both riverboats | ||||||
17 | does not exceed
1,200. Riverboats licensed to operate on the
| ||||||
18 | Mississippi River and the Illinois River south of Marshall | ||||||
19 | County shall
have an authorized capacity of at least 500 | ||||||
20 | persons. Any other riverboat
licensed under this Act shall have | ||||||
21 | an authorized capacity of at least 400
persons.
| ||||||
22 | (i) A licensed owner is authorized to apply to the Board | ||||||
23 | for and, if
approved therefor, to receive all licenses from the | ||||||
24 | Board necessary for the
operation of a riverboat, including a | ||||||
25 | liquor license, a license
to prepare and serve food for human | ||||||
26 | consumption, and other necessary
licenses. All use, occupation |
| |||||||
| |||||||
1 | and excise taxes which apply to the sale of
food and beverages | ||||||
2 | in this State and all taxes imposed on the sale or use
of | ||||||
3 | tangible personal property apply to such sales aboard the | ||||||
4 | riverboat.
| ||||||
5 | (j) The Board may issue or re-issue a license authorizing a | ||||||
6 | riverboat to
dock
in a municipality or approve a relocation | ||||||
7 | under Section 11.2 only if, prior
to the issuance or | ||||||
8 | re-issuance of
the license or approval, the governing body of | ||||||
9 | the municipality in which
the riverboat will dock has by a | ||||||
10 | majority vote approved the docking of
riverboats in the | ||||||
11 | municipality. The Board may issue or re-issue a license
| ||||||
12 | authorizing a
riverboat to dock in areas of a county outside | ||||||
13 | any municipality or approve a
relocation under Section 11.2 | ||||||
14 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
15 | approval, the
governing body of the county has by a majority | ||||||
16 | vote approved of the docking of
riverboats within such areas.
| ||||||
17 | (Source: P.A. 100-391, eff. 8-25-17.)
| ||||||
18 | (230 ILCS 10/7.6) | ||||||
19 | Sec. 7.6. Business enterprise program. | ||||||
20 | (a) For the purposes of this Section, the terms "minority", | ||||||
21 | "minority-owned business", "woman", "women-owned business", | ||||||
22 | "person with a disability", and "business owned by a person | ||||||
23 | with a disability" have the meanings ascribed to them in the | ||||||
24 | Business Enterprise for Minorities, Women, and Persons with | ||||||
25 | Disabilities Act. |
| |||||||
| |||||||
1 | (b) The Board shall, by rule, establish goals for the award | ||||||
2 | of contracts by each owners licensee to businesses owned by | ||||||
3 | minorities, women, and persons with disabilities, expressed as | ||||||
4 | percentages of an owners licensee's total dollar amount of | ||||||
5 | contracts awarded during each calendar year. Each owners | ||||||
6 | licensee must make every effort to meet the goals established | ||||||
7 | by the Board pursuant to this Section. When setting the goals | ||||||
8 | for the award of contracts, the Board shall not include | ||||||
9 | contracts where: (1) any purchasing mandates would be dependent | ||||||
10 | upon the availability of minority-owned businesses, | ||||||
11 | women-owned businesses, and businesses owned by persons with | ||||||
12 | disabilities ready, willing, and able with capacity to provide | ||||||
13 | quality goods and services to a gaming operation at reasonable | ||||||
14 | prices; (2) there are no or a limited number of licensed | ||||||
15 | suppliers as defined by this Act for the goods or services | ||||||
16 | provided to the licensee; (3) the licensee or its parent | ||||||
17 | company owns a company that provides the goods or services; or | ||||||
18 | (4) the goods or services are provided to the licensee by a | ||||||
19 | publicly traded company. | ||||||
20 | (c) Each owners licensee shall file with the Board an | ||||||
21 | annual report of its utilization of minority-owned businesses, | ||||||
22 | women-owned businesses, and businesses owned by persons with | ||||||
23 | disabilities during the preceding calendar year. The reports | ||||||
24 | shall include a self-evaluation of the efforts of the owners | ||||||
25 | licensee to meet its goals under this Section. | ||||||
26 | (c-5) The Board shall, by rule, establish goals for the |
| |||||||
| |||||||
1 | award of contracts by each owners licensee to businesses owned | ||||||
2 | by veterans of service in the armed forces of the United | ||||||
3 | States, expressed as percentages of an owners licensee's total | ||||||
4 | dollar amount of contracts awarded during each calendar year. | ||||||
5 | When setting the goals for the award of contracts, the Board | ||||||
6 | shall not include contracts where: (1) any purchasing mandates | ||||||
7 | would be dependent upon the availability of veteran-owned | ||||||
8 | businesses ready, willing, and able with capacity to provide | ||||||
9 | quality goods and services to a gaming operation at reasonable | ||||||
10 | prices; (2) there are no or a limited number of licensed | ||||||
11 | suppliers as defined in this Act for the goods or services | ||||||
12 | provided to the licensee; (3) the licensee or its parent | ||||||
13 | company owns a company that provides the goods or services; or | ||||||
14 | (4) the goods or services are provided to the licensee by a | ||||||
15 | publicly traded company. | ||||||
16 | Each owners licensee shall file with the Board an annual | ||||||
17 | report of its utilization of veteran-owned businesses during | ||||||
18 | the preceding calendar year. The reports shall include a | ||||||
19 | self-evaluation of the efforts of the owners licensee to meet | ||||||
20 | its goals under this Section. | ||||||
21 | (d) The owners licensee shall have the right to request a | ||||||
22 | waiver from the requirements of this Section. The Board shall | ||||||
23 | grant the waiver where the owners licensee demonstrates that | ||||||
24 | there has been made a good faith effort to comply with the | ||||||
25 | goals for participation by minority-owned businesses, | ||||||
26 | women-owned businesses, and businesses owned by persons with
|
| |||||||
| |||||||
1 | disabilities , and veteran-owned businesses . | ||||||
2 | (e) If the Board determines that its goals and policies are | ||||||
3 | not being met by any owners licensee, then the Board may: | ||||||
4 | (1) adopt remedies for such violations; and | ||||||
5 | (2) recommend that the owners licensee provide | ||||||
6 | additional opportunities for participation by | ||||||
7 | minority-owned businesses, women-owned businesses, and | ||||||
8 | businesses owned by persons with disabilities , and | ||||||
9 | veteran-owned businesses ; such recommendations may | ||||||
10 | include, but shall not be limited to: | ||||||
11 | (A) assurances of stronger and better focused
| ||||||
12 | solicitation efforts to obtain more minority-owned | ||||||
13 | businesses, women-owned businesses, and businesses | ||||||
14 | owned by persons with disabilities , and veteran-owned | ||||||
15 | businesses as potential sources of supply; | ||||||
16 | (B) division of job or project requirements, when
| ||||||
17 | economically feasible, into tasks or quantities to | ||||||
18 | permit participation of minority-owned businesses, | ||||||
19 | women-owned businesses, and businesses owned by | ||||||
20 | persons with disabilities , and veteran-owned | ||||||
21 | businesses ; | ||||||
22 | (C) elimination of extended experience or
| ||||||
23 | capitalization requirements, when programmatically | ||||||
24 | feasible, to permit participation of minority-owned | ||||||
25 | businesses, women-owned businesses, and businesses | ||||||
26 | owned by persons with disabilities , and veteran-owned |
| |||||||
| |||||||
1 | businesses ; | ||||||
2 | (D) identification of specific proposed contracts | ||||||
3 | as
particularly attractive or appropriate for | ||||||
4 | participation by minority-owned businesses, | ||||||
5 | women-owned businesses, and businesses owned by | ||||||
6 | persons with disabilities , and veteran-owned | ||||||
7 | businesses , such identification to result from and be | ||||||
8 | coupled with the efforts of items (A) through (C);
and | ||||||
9 | (E) implementation of regulations established
for | ||||||
10 | the use of the sheltered market process. | ||||||
11 | (f) The Board shall file, no later than March 1 of each | ||||||
12 | year, an annual report that shall detail the level of | ||||||
13 | achievement toward the goals specified in this Section over the | ||||||
14 | 3 most recent fiscal years. The annual report shall include, | ||||||
15 | but need not be limited to: | ||||||
16 | (1) a summary detailing expenditures subject
to the | ||||||
17 | goals, the actual goals specified, and the goals attained | ||||||
18 | by each owners licensee; and | ||||||
19 | (2) an analysis of the level of overall goal
| ||||||
20 | achievement concerning purchases from minority-owned | ||||||
21 | businesses, women-owned businesses, and businesses owned | ||||||
22 | by persons with disabilities , and veteran-owned | ||||||
23 | businesses .
| ||||||
24 | (Source: P.A. 99-78, eff. 7-20-15; 100-391, eff. 8-25-17.)
| ||||||
25 | Section 10. The Video Gaming
Act is amended by changing |
| |||||||
| |||||||
1 | Sections 25, 45, and 80 as follows:
| ||||||
2 | (230 ILCS 40/25)
| ||||||
3 | Sec. 25. Restriction of licensees.
| ||||||
4 | (a) Manufacturer. A person may not be licensed as a | ||||||
5 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
6 | person has a valid
manufacturer's license issued
under this | ||||||
7 | Act. A manufacturer may only sell video gaming terminals for | ||||||
8 | use
in Illinois to
persons having a valid distributor's | ||||||
9 | license.
| ||||||
10 | (b) Distributor. A person may not sell, distribute, or | ||||||
11 | lease
or market a video gaming terminal in Illinois unless the | ||||||
12 | person has a valid
distributor's
license issued under this Act. | ||||||
13 | A distributor may only sell video gaming
terminals for use in
| ||||||
14 | Illinois to persons having a valid distributor's or terminal | ||||||
15 | operator's
license.
| ||||||
16 | (c) Terminal operator. A person may not own, maintain, or | ||||||
17 | place a video gaming terminal unless he has a valid terminal | ||||||
18 | operator's
license issued
under this Act. A terminal operator | ||||||
19 | may only place video gaming terminals for
use in
Illinois in | ||||||
20 | licensed establishments, licensed truck stop establishments, | ||||||
21 | licensed fraternal establishments,
and
licensed veterans | ||||||
22 | establishments.
No terminal operator may give anything of | ||||||
23 | value, including but not limited to
a loan or financing | ||||||
24 | arrangement, to a licensed establishment, licensed truck stop | ||||||
25 | establishment,
licensed fraternal establishment, or licensed |
| |||||||
| |||||||
1 | veterans establishment as
any incentive or inducement to locate | ||||||
2 | video terminals in that establishment.
Of the after-tax profits
| ||||||
3 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
4 | operator and 50% shall be paid to the licensed establishment, | ||||||
5 | licensed truck stop establishment,
licensed fraternal | ||||||
6 | establishment, or
licensed veterans establishment, | ||||||
7 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
8 | operator that violates one or more requirements of this | ||||||
9 | subsection is guilty of a Class 4 felony and is subject to | ||||||
10 | termination of his or her license by the Board.
| ||||||
11 | (d) Licensed technician. A person may not service, | ||||||
12 | maintain, or repair a
video gaming terminal
in this State | ||||||
13 | unless he or she (1) has a valid technician's license issued
| ||||||
14 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
15 | by a terminal
operator, distributor, or manufacturer.
| ||||||
16 | (d-5) Licensed terminal handler. No person, including, but | ||||||
17 | not limited to, an employee or independent contractor working | ||||||
18 | for a manufacturer, distributor, supplier, technician, or | ||||||
19 | terminal operator licensed pursuant to this Act, shall have | ||||||
20 | possession or control of a video gaming terminal, or access to | ||||||
21 | the inner workings of a video gaming terminal, unless that | ||||||
22 | person possesses a valid terminal handler's license issued | ||||||
23 | under this Act. | ||||||
24 | (e) Licensed establishment. No video gaming terminal may be | ||||||
25 | placed in any licensed establishment, licensed veterans | ||||||
26 | establishment, licensed truck stop establishment,
or licensed |
| |||||||
| |||||||
1 | fraternal establishment
unless the owner
or agent of the owner | ||||||
2 | of the licensed establishment, licensed veterans | ||||||
3 | establishment, licensed truck stop establishment, or licensed
| ||||||
4 | fraternal establishment has entered into a
written use | ||||||
5 | agreement with the terminal operator for placement of the
| ||||||
6 | terminals. A copy of the use agreement shall be on file in the | ||||||
7 | terminal
operator's place of business and available for | ||||||
8 | inspection by individuals
authorized by the Board. A licensed | ||||||
9 | establishment, licensed truck stop establishment, licensed | ||||||
10 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
11 | may operate up to 5 video gaming terminals on its premises at | ||||||
12 | any
time.
| ||||||
13 | (f) (Blank).
| ||||||
14 | (g) Financial interest restrictions.
As used in this Act, | ||||||
15 | "substantial interest" in a partnership, a corporation, an
| ||||||
16 | organization, an association, a business, or a limited | ||||||
17 | liability company means:
| ||||||
18 | (A) When, with respect to a sole proprietorship, an | ||||||
19 | individual or
his or her spouse owns, operates, manages, or | ||||||
20 | conducts, directly
or indirectly, the organization, | ||||||
21 | association, or business, or any part thereof;
or
| ||||||
22 | (B) When, with respect to a partnership, the individual | ||||||
23 | or his or
her spouse shares in any of the profits, or | ||||||
24 | potential profits,
of the partnership activities; or
| ||||||
25 | (C) When, with respect to a corporation, an individual | ||||||
26 | or his or her
spouse is an officer or director, or the |
| |||||||
| |||||||
1 | individual or his or her spouse is a holder, directly or | ||||||
2 | beneficially, of 5% or more of any class
of stock of the | ||||||
3 | corporation; or
| ||||||
4 | (D) When, with respect to an organization not covered | ||||||
5 | in (A), (B) or
(C) above, an individual or his or her | ||||||
6 | spouse is an officer or manages the
business affairs, or | ||||||
7 | the individual or his or her spouse is the
owner of or | ||||||
8 | otherwise controls 10% or more of the assets of the | ||||||
9 | organization;
or
| ||||||
10 | (E) When an individual or his or her spouse furnishes
| ||||||
11 | 5% or more of the capital, whether in cash, goods, or | ||||||
12 | services, for the
operation of any business, association, | ||||||
13 | or organization during any calendar
year; or | ||||||
14 | (F) When, with respect to a limited liability company, | ||||||
15 | an individual or his or her
spouse is a member, or the | ||||||
16 | individual or his or her spouse is a holder, directly or | ||||||
17 | beneficially, of 5% or more of the membership interest of | ||||||
18 | the limited liability company.
| ||||||
19 | For purposes of this subsection (g), "individual" includes | ||||||
20 | all individuals or their spouses whose combined interest would | ||||||
21 | qualify as a substantial interest under this subsection (g) and | ||||||
22 | whose activities with respect to an organization, association, | ||||||
23 | or business are so closely aligned or coordinated as to | ||||||
24 | constitute the activities of a single entity. | ||||||
25 | (h) Location restriction. A licensed establishment, | ||||||
26 | licensed truck stop establishment, licensed
fraternal
|
| |||||||
| |||||||
1 | establishment, or licensed veterans establishment that is (i) | ||||||
2 | located within 1,000
feet of a facility operated by an | ||||||
3 | organization licensee licensed under the Illinois Horse Racing | ||||||
4 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
5 | Riverboat
Gambling Act or (ii) located within 100 feet of a | ||||||
6 | school or a place of worship under the Religious Corporation | ||||||
7 | Act, is ineligible to operate a video gaming terminal. The | ||||||
8 | location restrictions in this subsection (h) do not apply if | ||||||
9 | (A) a facility operated by an organization licensee, a school, | ||||||
10 | or a place of worship moves to or is established within the | ||||||
11 | restricted area after a licensed establishment, licensed truck | ||||||
12 | stop establishment, licensed fraternal establishment, or | ||||||
13 | licensed veterans establishment becomes licensed under this | ||||||
14 | Act or (B) a school or place of worship moves to or is | ||||||
15 | established within the restricted area after a licensed | ||||||
16 | establishment, licensed truck stop establishment, licensed | ||||||
17 | fraternal establishment, or licensed veterans establishment | ||||||
18 | obtains its original liquor license. For the purpose of this | ||||||
19 | subsection, "school" means an elementary or secondary public | ||||||
20 | school, or an elementary or secondary private school registered | ||||||
21 | with or recognized by the State Board of Education. | ||||||
22 | Notwithstanding the provisions of this subsection (h), the | ||||||
23 | Board may waive the requirement that a licensed establishment, | ||||||
24 | licensed truck stop establishment, licensed fraternal | ||||||
25 | establishment, or licensed veterans establishment not be | ||||||
26 | located within 1,000 feet from a facility operated by an |
| |||||||
| |||||||
1 | organization licensee licensed under the Illinois Horse Racing | ||||||
2 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
3 | Riverboat Gambling Act. The Board shall not grant such waiver | ||||||
4 | if there is any common ownership or control, shared business | ||||||
5 | activity, or contractual arrangement of any type between the | ||||||
6 | establishment and the organization licensee or owners licensee | ||||||
7 | of a riverboat. The Board shall adopt rules to implement the | ||||||
8 | provisions of this paragraph. | ||||||
9 | (h-5) Restrictions on licenses in malls. The Board shall | ||||||
10 | not grant an application to become a licensed video gaming | ||||||
11 | location if the Board determines that granting the application | ||||||
12 | would more likely than not cause a terminal operator, | ||||||
13 | individually or in combination with other terminal operators, | ||||||
14 | licensed video gaming location, or other person or entity, to | ||||||
15 | operate the video gaming terminals in 2 or more licensed video | ||||||
16 | gaming locations as a single video gaming operation. | ||||||
17 | (1) In making determinations under this subsection | ||||||
18 | (h-5), factors to be considered by the Board shall include, | ||||||
19 | but not be limited to, the following: | ||||||
20 | (A) the physical aspects of the location; | ||||||
21 | (B) the ownership, control, or management of the | ||||||
22 | location; | ||||||
23 | (C) any arrangements, understandings, or | ||||||
24 | agreements, written or otherwise, among or involving | ||||||
25 | any persons or entities that involve the conducting of | ||||||
26 | any video gaming business or the sharing of costs or |
| |||||||
| |||||||
1 | revenues; and | ||||||
2 | (D) the manner in which any terminal operator or | ||||||
3 | other related entity markets, advertises, or otherwise | ||||||
4 | describes any location or locations to any other person | ||||||
5 | or entity or to the public. | ||||||
6 | (2) The Board shall presume, subject to rebuttal, that | ||||||
7 | the granting of an application to become a licensed video | ||||||
8 | gaming location within a mall will cause a terminal | ||||||
9 | operator, individually or in combination with other | ||||||
10 | persons or entities, to operate the video gaming terminals | ||||||
11 | in 2 or more licensed video gaming locations as a single | ||||||
12 | video gaming operation if the Board determines that | ||||||
13 | granting the license would create a local concentration of | ||||||
14 | licensed video gaming locations. | ||||||
15 | For the purposes of this subsection (h-5): | ||||||
16 | "Mall" means a building, or adjoining or connected | ||||||
17 | buildings, containing 4 or more separate locations. | ||||||
18 | "Video gaming operation" means the conducting of video | ||||||
19 | gaming and all related activities. | ||||||
20 | "Location" means a space within a mall containing a | ||||||
21 | separate business, a place for a separate business, or a place | ||||||
22 | subject to a separate leasing arrangement by the mall owner. | ||||||
23 | "Licensed video gaming location" means a licensed | ||||||
24 | establishment, licensed fraternal establishment, licensed | ||||||
25 | veterans establishment, or licensed truck stop. | ||||||
26 | "Local concentration of licensed video gaming locations" |
| |||||||
| |||||||
1 | means that the combined number of licensed video gaming | ||||||
2 | locations within a mall exceed half of the separate locations | ||||||
3 | within the mall. | ||||||
4 | (i) Undue economic concentration. In addition to | ||||||
5 | considering all other requirements under this Act, in deciding | ||||||
6 | whether to approve the operation of video gaming terminals by a | ||||||
7 | terminal operator in a location, the Board shall consider the | ||||||
8 | impact of any economic concentration of such operation of video | ||||||
9 | gaming terminals. The Board shall not allow a terminal operator | ||||||
10 | to operate video gaming terminals if the Board determines such | ||||||
11 | operation will result in undue economic concentration. For | ||||||
12 | purposes of this Section, "undue economic concentration" means | ||||||
13 | that a terminal operator would have such actual or potential | ||||||
14 | influence over video gaming terminals in Illinois as to: | ||||||
15 | (1) substantially impede or suppress competition among | ||||||
16 | terminal operators; | ||||||
17 | (2) adversely impact the economic stability of the | ||||||
18 | video gaming industry in Illinois; or | ||||||
19 | (3) negatively impact the purposes of the Video Gaming | ||||||
20 | Act. | ||||||
21 | The Board shall adopt rules concerning undue economic | ||||||
22 | concentration with respect to the operation of video gaming | ||||||
23 | terminals in Illinois. The rules shall include, but not be | ||||||
24 | limited to, (i) limitations on the number of video gaming | ||||||
25 | terminals operated by any terminal operator within a defined | ||||||
26 | geographic radius and (ii) guidelines on the discontinuation of |
| |||||||
| |||||||
1 | operation of any such video gaming terminals the Board | ||||||
2 | determines will cause undue economic concentration.
| ||||||
3 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
4 | and equally applicable to the activities of any licensee under | ||||||
5 | this Act.
| ||||||
6 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | ||||||
7 | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
| ||||||
8 | (230 ILCS 40/45)
| ||||||
9 | Sec. 45. Issuance of license.
| ||||||
10 | (a) The burden is upon each applicant to
demonstrate his | ||||||
11 | suitability for licensure. Each video gaming terminal
| ||||||
12 | manufacturer, distributor, supplier, operator, handler, | ||||||
13 | licensed establishment, licensed truck stop establishment, | ||||||
14 | licensed
fraternal
establishment, and licensed veterans | ||||||
15 | establishment shall be
licensed by the Board.
The Board may | ||||||
16 | issue or deny a license under this Act to any person pursuant | ||||||
17 | to the same criteria set forth in Section 9 of the Riverboat | ||||||
18 | Gambling Act.
| ||||||
19 | (a-5) The Board shall not grant a license to a person who | ||||||
20 | has facilitated, enabled, or participated in the use of | ||||||
21 | coin-operated devices for gambling purposes or who is under the | ||||||
22 | significant influence or control of such a person. For the | ||||||
23 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
24 | the use of coin-operated amusement devices for gambling | ||||||
25 | purposes" means that the person has been convicted of any |
| |||||||
| |||||||
1 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012. If there is pending legal action against | ||||||
3 | a person for any such violation, then the Board shall delay the | ||||||
4 | licensure of that person until the legal action is resolved. | ||||||
5 | (b) Each person seeking and possessing a license as a video | ||||||
6 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
7 | handler, licensed establishment, licensed truck stop | ||||||
8 | establishment, licensed fraternal establishment, or licensed | ||||||
9 | veterans establishment shall submit to a background | ||||||
10 | investigation conducted by the Board with the assistance of the | ||||||
11 | State Police or other law enforcement. To the extent that the | ||||||
12 | corporate structure of the applicant allows, the background | ||||||
13 | investigation shall include any or all of the following as the | ||||||
14 | Board deems appropriate or as provided by rule for each | ||||||
15 | category of licensure: (i) each beneficiary of a trust, (ii) | ||||||
16 | each partner of a partnership, (iii) each member of a limited | ||||||
17 | liability company, (iv) each director and officer of a publicly | ||||||
18 | or non-publicly held corporation, (v) each stockholder of a | ||||||
19 | non-publicly held corporation, (vi) each stockholder of 5% or | ||||||
20 | more of a publicly held corporation, or (vii) each stockholder | ||||||
21 | of 5% or more in a parent or subsidiary corporation. | ||||||
22 | (c) Each person seeking and possessing a license as a video | ||||||
23 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
24 | handler, licensed establishment, licensed truck stop | ||||||
25 | establishment, licensed fraternal establishment, or licensed | ||||||
26 | veterans establishment shall disclose the identity of every |
| |||||||
| |||||||
1 | person, association, trust, corporation, or limited liability | ||||||
2 | company having a greater than 1% direct or indirect pecuniary | ||||||
3 | interest in the video gaming terminal operation for which the | ||||||
4 | license is sought. If the disclosed entity is a trust, the | ||||||
5 | application shall disclose the names and addresses of the | ||||||
6 | beneficiaries; if a corporation, the names and addresses of all | ||||||
7 | stockholders and directors; if a limited liability company, the | ||||||
8 | names and addresses of all members; or if a partnership, the | ||||||
9 | names and addresses of all partners, both general and limited. | ||||||
10 | (d) No person may be licensed as a video gaming terminal | ||||||
11 | manufacturer, distributor, supplier, operator, handler, | ||||||
12 | licensed establishment, licensed truck stop establishment, | ||||||
13 | licensed fraternal establishment, or licensed veterans | ||||||
14 | establishment if that person has been found by the Board to: | ||||||
15 | (1) have a background, including a criminal record, | ||||||
16 | reputation, habits, social or business associations, or | ||||||
17 | prior activities that pose a threat to the public interests | ||||||
18 | of the State or to the security and integrity of video | ||||||
19 | gaming; | ||||||
20 | (2) create or enhance the dangers of unsuitable, | ||||||
21 | unfair, or illegal practices, methods, and activities in | ||||||
22 | the conduct of video gaming; or | ||||||
23 | (3) present questionable business practices and | ||||||
24 | financial arrangements incidental to the conduct of video | ||||||
25 | gaming activities. | ||||||
26 | (e) Any applicant for any license under this Act has the |
| |||||||
| |||||||
1 | burden of proving his or her qualifications to the satisfaction | ||||||
2 | of the Board. The Board may adopt rules to establish additional | ||||||
3 | qualifications and requirements to preserve the integrity and | ||||||
4 | security of video gaming in this State. | ||||||
5 | (f) A non-refundable application fee shall be paid at the | ||||||
6 | time an
application for a license is filed with the Board in | ||||||
7 | the following amounts:
| ||||||
8 | (1) Manufacturer ..........................$5,000
| ||||||
9 | (2) Distributor ...........................$5,000
| ||||||
10 | (3) Terminal operator .....................$5,000
| ||||||
11 | (4) Supplier ..............................$2,500
| ||||||
12 | (5) Technician ..............................$100
| ||||||
13 | (6) Terminal Handler .....................$100 $50
| ||||||
14 | (7) Licensed establishment, licensed truck stop
| ||||||
15 | establishment, licensed fraternal establishment,
| ||||||
16 | or licensed veterans establishment ...................$100 | ||||||
17 | (g) The Board shall establish an
annual fee for each | ||||||
18 | license not to exceed the following: | ||||||
19 | (1) Manufacturer .........................$10,000
| ||||||
20 | (2) Distributor ..........................$10,000
| ||||||
21 | (3) Terminal operator .....................$5,000
| ||||||
22 | (4) Supplier ..............................$2,000
| ||||||
23 | (5) Technician ..............................$100
| ||||||
24 | (6) Licensed establishment, licensed truck stop
| ||||||
25 | establishment, licensed fraternal establishment,
| ||||||
26 | or licensed veterans establishment ..............$100
|
| |||||||
| |||||||
1 | (7) Video gaming terminal ...................$100
| ||||||
2 | (8) Terminal Handler .........................$100 $50
| ||||||
3 | (h) A terminal operator and a licensed establishment, | ||||||
4 | licensed truck stop establishment, licensed fraternal | ||||||
5 | establishment,
or licensed veterans establishment shall | ||||||
6 | equally split the fees specified in item (7) of subsection (g). | ||||||
7 | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | ||||||
8 | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
9 | (230 ILCS 40/80)
| ||||||
10 | Sec. 80. Applicability of Illinois Riverboat Gambling Act. | ||||||
11 | The provisions of the Illinois Riverboat Gambling Act, and all | ||||||
12 | rules promulgated thereunder, shall apply to the Video Gaming | ||||||
13 | Act, except where there is a conflict between the 2 Acts. All | ||||||
14 | current supplier licensees under the Riverboat Gambling Act | ||||||
15 | shall be entitled to licensure under the Video Gaming Act as | ||||||
16 | manufacturers, distributors, or suppliers without additional | ||||||
17 | Board investigation or approval, except by vote of the Board; | ||||||
18 | however, they are required to pay application and annual fees | ||||||
19 | under this Act. All provisions of the Uniform Penalty and | ||||||
20 | Interest Act shall apply, as far as practicable, to the subject | ||||||
21 | matter of this Act to the same extent as if such provisions | ||||||
22 | were included herein.
| ||||||
23 | (Source: P.A. 96-37, eff. 7-13-09.)
|