There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 230 Gaming 230 ILCS 10/ Riverboat Gambling Act.
(230 ILCS 10/1) (from Ch. 120, par. 2401)
Sec. 1.
Short title.
This Act shall be known and may be cited as the
Riverboat Gambling Act.
(Source: P.A. 86‑1029.)
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(230 ILCS 10/2) (from Ch. 120, par. 2402)
Sec. 2.
Legislative Intent.
(a) This Act is intended to benefit the
people of the State of Illinois
by assisting economic development and promoting Illinois tourism
and by increasing the amount of revenues available to the State to assist and
support education.
(b) While authorization of riverboat gambling will enhance investment,
development and tourism in Illinois, it is recognized that it will do so
successfully only if public confidence and trust in the credibility and
integrity of the gambling operations and the regulatory process is
maintained. Therefore, regulatory provisions of this Act are designed to
strictly regulate the facilities, persons, associations and practices
related to gambling operations pursuant to the police powers of the State,
including comprehensive law enforcement supervision.
(c) The Illinois Gaming Board established under this Act should, as soon
as possible, inform each applicant for an owners license of the Board's
intent to grant or deny a license.
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/3) (from Ch. 120, par. 2403)
Sec. 3.
Riverboat Gambling Authorized.
(a) Riverboat gambling
operations and the system of wagering
incorporated therein, as defined in this Act, are hereby authorized to the
extent that they are carried out in accordance with the provisions of this
Act.
(b) This Act does not apply to the pari‑mutuel system of wagering used
or intended to be used in connection with the horse‑race meetings as
authorized under the Illinois Horse Racing Act of 1975, lottery games
authorized under the Illinois Lottery Law, bingo authorized under the Bingo
License and Tax Act, charitable games authorized under the Charitable Games
Act or pull tabs and jar games conducted under the Illinois Pull Tabs and Jar
Games Act.
(c) Riverboat gambling conducted pursuant to this Act may be authorized
upon any water within the State of Illinois or any
water other than Lake Michigan which constitutes a boundary of the State
of Illinois.
A licensee may conduct riverboat gambling authorized under this Act
regardless of whether it conducts excursion cruises. A licensee may permit
the continuous ingress and egress of passengers for the purpose of
gambling.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 10/4) (from Ch. 120, par. 2404)
Sec. 4.
Definitions.
As used in this Act:
(a) "Board" means the Illinois Gaming Board.
(b) "Occupational license" means a license issued by the Board to a
person or entity to perform an occupation which the Board has identified as
requiring a license to engage in riverboat gambling in Illinois.
(c) "Gambling game" includes, but is not limited to, baccarat,
twenty‑one, poker, craps, slot machine, video game of chance, roulette
wheel, klondike table, punchboard, faro layout, keno layout, numbers
ticket, push card, jar ticket, or pull tab which is authorized by the Board
as a wagering device under this Act.
(d) "Riverboat" means a self‑propelled excursion boat, a
permanently moored barge, or permanently moored barges that are permanently
fixed together to operate as one vessel, on which lawful gambling is
authorized and licensed as
provided in this Act.
(e) "Managers license" means a license issued by the Board to a person or
entity
to manage gambling operations conducted by the State pursuant to Section 7.2.
(f) "Dock" means the location where a riverboat moors for the purpose of
embarking passengers for and disembarking passengers from the riverboat.
(g) "Gross receipts" means the total amount of money exchanged for the
purchase of chips, tokens or electronic cards by riverboat patrons.
(h) "Adjusted gross receipts" means the gross receipts less
winnings paid to wagerers.
(i) "Cheat" means to alter the selection of criteria which determine the
result of a gambling game or the amount or frequency of payment in a gambling
game.
(j) "Department" means the Department of Revenue.
(k) "Gambling operation" means the conduct of authorized gambling games
upon a riverboat.
(l) "License bid" means the lump sum amount of money that an applicant
bids and agrees to pay the State in return for an owners license that is
re‑issued on or after July 1, 2003.
(m) The terms "minority person" and "female" shall have the same meaning
as
defined in
Section 2 of the Business Enterprise for Minorities, Females, and Persons with
Disabilities Act.
(Source: P.A. 92‑600, eff. 6‑28‑02; 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5.
Gaming Board.
(a) (1) There is hereby established within the Department of Revenue an
Illinois Gaming Board which shall have the powers and duties specified in
this Act, and all other powers necessary and proper to fully and
effectively execute this Act for the purpose of administering, regulating,
and enforcing the system of riverboat gambling established by this Act. Its
jurisdiction shall extend under this Act to every person, association,
corporation, partnership and trust involved in riverboat gambling
operations in the State of Illinois.
(2) The Board shall consist of 5 members to be appointed by the Governor
with the advice and consent of the Senate, one of whom shall be designated
by the Governor to be chairman. Each member shall have a reasonable
knowledge of the practice, procedure and principles of gambling operations.
Each member shall either be a resident of Illinois or shall certify that he
will become a resident of Illinois before taking office. At least one member
shall be experienced in law enforcement and criminal investigation, at
least one member shall be a certified public accountant experienced in
accounting and auditing, and at least one member shall be a lawyer licensed
to practice law in Illinois.
(3) The terms of office of the Board members shall be 3 years, except
that the terms of office of the initial Board members appointed pursuant to
this Act will commence from the effective date of this Act and run as
follows: one for a term ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for a term ending July 1, 1993. Upon the expiration of the
foregoing terms, the successors of such members shall serve a term for 3
years and until their successors are appointed and qualified for like terms.
Vacancies in the Board shall be filled for the unexpired term in like
manner as original appointments. Each member of the Board shall be
eligible for reappointment at the discretion of the Governor with the
advice and consent of the Senate.
(4) Each member of the Board shall receive $300 for each day the
Board meets and for each day the member conducts any hearing pursuant to
this Act. Each member of the Board shall also be reimbursed for all actual
and necessary expenses and disbursements incurred in the execution of official
duties.
(5) No person shall be appointed a member of the Board or continue to be
a member of the Board who is, or whose spouse, child or parent is, a member
of the board of directors of, or a person financially interested in, any
gambling operation subject to the jurisdiction of this Board, or any race
track, race meeting, racing association or the operations thereof subject
to the jurisdiction of the Illinois Racing Board. No Board member shall
hold any other public office for which he shall receive compensation other
than necessary travel or other incidental expenses. No person shall be a
member of the Board who is not of good moral character or who has been
convicted of, or is under indictment for, a felony under the laws of
Illinois or any other state, or the United States.
(6) Any member of the Board may be removed by the Governor for neglect
of duty, misfeasance, malfeasance, or nonfeasance in office.
(7) Before entering upon the discharge of the duties of his office, each
member of the Board shall take an oath that he will faithfully execute the
duties of his office according to the laws of the State and the rules and
regulations adopted therewith and shall give bond to the State of Illinois,
approved by the Governor, in the sum of $25,000. Every such bond, when
duly executed and approved, shall be recorded in the office of the
Secretary of State. Whenever the Governor determines that the bond of any
member of the Board has become or is likely to become invalid or
insufficient, he shall require such member forthwith to renew his bond,
which is to be approved by the Governor. Any member of the Board who fails
to take oath and give bond within 30 days from the date of his appointment,
or who fails to renew his bond within 30 days after it is demanded by the
Governor, shall be guilty of neglect of duty and may be removed by the
Governor. The cost of any bond given by any member of the Board under this
Section shall be taken to be a part of the necessary expenses of the Board.
(8) Upon the request of the Board, the Department shall employ such
personnel as may be necessary to carry out the functions of the Board. No
person shall be employed to serve the Board who is, or whose spouse, parent
or child is, an official of, or has a financial interest in or financial
relation with, any operator engaged in gambling operations within this
State or any organization engaged in conducting horse racing within this
State. Any employee violating these prohibitions shall be subject to
termination of employment.
(9) An Administrator shall perform any and all duties that the Board
shall assign him. The salary of the Administrator shall be determined by
the Board and approved by the Director of the Department and, in addition,
he shall be reimbursed for all actual and necessary expenses incurred by
him in discharge of his official duties. The Administrator shall keep
records of all proceedings of the Board and shall preserve all records,
books, documents and other papers belonging to the Board or entrusted to
its care. The Administrator shall devote his full time to the duties of
the office and shall not hold any other office or employment.
(b) The Board shall have general responsibility for the implementation
of this Act. Its duties include, without limitation, the following:
(1) To decide promptly and in reasonable order all | ||
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(2) To conduct all hearings pertaining to civil | ||
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(3) To promulgate such rules and regulations as in | ||
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(4) To provide for the establishment and collection | ||
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(5) To provide for the levy and collection of | ||
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(6) To be present through its inspectors and agents | ||
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(7) To review and rule upon any complaint by a | ||
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(8) To hold at least one meeting each quarter of the | ||
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(9) To maintain records which are separate and | ||
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(10) To file a written annual report with the | ||
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(11) (Blank); and
(12) To assume responsibility for the administration | ||
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(c) The Board shall have jurisdiction over and shall supervise all
gambling operations governed by this Act. The Board shall have all powers
necessary and proper to fully and effectively execute the provisions of
this Act, including, but not limited to, the following:
(1) To investigate applicants and determine the | ||
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(2) To have jurisdiction and supervision over all | ||
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(3) To promulgate rules and regulations for the | ||
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(4) To enter the office, riverboats, facilities, or | ||
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(5) To investigate alleged violations of this Act or | ||
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(6) To adopt standards for the licensing of all | ||
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(7) To adopt appropriate standards for all | ||
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(8) To require that the records, including financial | ||
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(9) To conduct hearings, issue subpoenas for the | ||
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(10) To prescribe a form to be used by any licensee | ||
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(11) To revoke or suspend licenses, as the Board may | ||
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(12) To eject or exclude or authorize the ejection | ||
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(13) To require all licensees of gambling operations | ||
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(14) (Blank).
(15) To suspend, revoke or restrict licenses, to | ||
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(16) To hire employees to gather information, | ||
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(17) To establish minimum levels of insurance to be | ||
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(18) To authorize a licensee to sell or serve | ||
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(19) After consultation with the U.S. Army Corps of | ||
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(20) To delegate the execution of any of its powers | ||
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(21) To take any other action as may be reasonable | ||
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(d) The Board may seek and shall receive the cooperation of the
Department of State Police in conducting background investigations of
applicants and in fulfilling its responsibilities under
this Section. Costs incurred by the Department of State Police as
a result of such cooperation shall be paid by the Board in conformance
with the requirements of Section 2605‑400 of the Department of State Police Law
(20 ILCS 2605/2605‑400).
(e) The Board must authorize to each investigator and to any other
employee of the Board exercising the powers of a peace officer a distinct badge
that, on its face, (i) clearly states that the badge is authorized by the Board
and
(ii) contains a unique identifying number. No other badge shall be authorized
by the Board.
(Source: P.A. 91‑40, eff. 1‑1‑00; 91‑239, eff. 1‑1‑00; 91‑883, eff.
1‑1‑01.)
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(230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
Sec. 5.1.
Disclosure of records.
(a) Notwithstanding any applicable statutory provision to the contrary,
the Board shall, on written request from any person, provide
information furnished by an applicant or licensee concerning the applicant
or licensee, his products, services or gambling enterprises and his
business holdings, as follows:
(1) The name, business address and business | ||
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(2) An identification of any applicant or licensee | ||
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(3) An identification of any business, including, if | ||
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(4) Whether an applicant or licensee has been | ||
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(5) Whether an applicant or licensee has had any | ||
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(6) Whether an applicant or licensee has ever filed | ||
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(7) Whether an applicant or licensee has filed, or | ||
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(8) A statement listing the names and titles of all | ||
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(9) Whether an applicant or licensee has made, | ||
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(10) The name and business telephone number of the | ||
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(11) A description of any proposed or approved | ||
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(12) A description of the product or service to be | ||
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(b) Notwithstanding any applicable statutory provision to the contrary,
the Board shall, on written request from any person, also provide
the following information:
(1) The amount of the wagering tax and admission tax | ||
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(2) Whenever the Board finds an applicant for an | ||
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(3) Whenever the Board has refused to grant leave | ||
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(c) Subject to the above provisions, the Board shall not disclose any
information which would be barred by:
(1) Section 7 of the Freedom of Information Act; or
(2) The statutes, rules, regulations or | ||
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(d) The Board may assess fees for the copying of information in
accordance with Section 6 of the Freedom of Information Act.
(Source: P.A. 87‑826.)
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(230 ILCS 10/6) (from Ch. 120, par. 2406)
Sec. 6.
Application for Owners License.
(a) A qualified person may
apply to the Board for an owners license to
conduct a riverboat gambling operation as provided in this Act. The
application shall be made on forms provided by the Board and shall contain
such information as the Board prescribes, including but not limited to the
identity of the riverboat on which such gambling operation is to be
conducted and the exact location where such riverboat will be docked, a
certification that the riverboat will be registered under this Act at all
times during which gambling operations are conducted on board, detailed
information regarding the ownership and management of the applicant, and
detailed personal information regarding the applicant. Any application for an
owners license to be re‑issued on or after June 1, 2003 shall also
include the applicant's license bid in a form prescribed by the Board.
Information
provided on the application shall be used as a basis for a thorough
background investigation which the Board shall conduct with respect to each
applicant. An incomplete application shall be cause for denial of a license
by the Board.
(b) Applicants shall submit with their application all documents,
resolutions, and letters of support from the governing body that represents
the municipality or county wherein the licensee will dock.
(c) Each applicant shall disclose the identity of every person,
association, trust or corporation having a greater than 1% direct or
indirect pecuniary interest in the riverboat gambling operation with
respect to which the license is sought. If the disclosed entity is a
trust, the application shall disclose the names and addresses of the
beneficiaries; if a corporation, the names and
addresses of all stockholders and directors; if a partnership, the names
and addresses of all partners, both general and limited.
(d) An application shall be filed with the Board by January 1 of the
year preceding any calendar year for which an applicant seeks an owners
license; however, applications for an owners license permitting
operations on January 1, 1991 shall be filed by July 1, 1990. An
application fee of $50,000 shall be paid at the time of filing
to defray the costs associated with the
background investigation conducted by the Board. If the costs of the
investigation exceed $50,000, the applicant shall pay the additional amount
to the Board. If the costs of the investigation are less than $50,000, the
applicant shall receive a refund of the remaining amount. All
information, records, interviews, reports, statements, memoranda or other
data supplied to or used by the Board in the course of its review or
investigation of an application for a license under this Act shall be
privileged, strictly confidential and shall be used only for the purpose of
evaluating an applicant. Such information, records, interviews, reports,
statements, memoranda or other data shall not be admissible as evidence,
nor discoverable in any action of any kind in any court or before any
tribunal, board, agency or person, except for any action deemed necessary
by the Board.
(e) The Board shall charge each applicant a fee set by the Department of
State Police to defray the costs associated with the search and
classification of fingerprints obtained by the Board with respect to the
applicant's application. These fees shall be paid into the State Police
Services Fund.
(f) The licensed owner shall be the person primarily responsible for the
boat itself. Only one riverboat gambling operation may be authorized
by the Board on any riverboat. The applicant must identify each riverboat
it intends to use and certify that the riverboat: (1) has the authorized
capacity required in this Act; (2) is accessible to disabled persons; and
(3) is fully registered and licensed in accordance
with any applicable laws.
(g) A person who knowingly makes a false statement on an application is
guilty of a Class A misdemeanor.
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(2) the person has been convicted of any violation | ||
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(3) the person has submitted an application for a | ||
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(4) the person is
a member of the Board;
(5) a person defined in (1), (2), (3) or (4) is an | ||
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(6) the firm or corporation employs a person defined | ||
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(7) (blank); or
(8) a license of the person, firm or corporation | ||
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(b) In determining whether to grant an owners license to an applicant, the
Board shall consider:
(1) the character, reputation, experience and | ||
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(A) controls, directly or indirectly, such | ||
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(B) is controlled, directly or indirectly, by | ||
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(2) the facilities or proposed facilities for the | ||
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(3) the highest prospective total revenue to be | ||
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(4) the extent to which the ownership of the | ||
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(5) the financial ability of the applicant to | ||
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(6) whether the applicant has adequate | ||
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(7) the extent to which the applicant exceeds or | ||
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(8) The amount of the applicant's license bid.
(c) Each owners license shall specify the place where riverboats shall
operate and dock.
(d) Each applicant shall submit with his application, on forms
provided by the Board, 2 sets of his fingerprints.
(e) The Board may issue up to 10 licenses authorizing the holders of such
licenses to own riverboats. In the application for an owners license, the
applicant shall state the dock at which the riverboat is based and the water
on which the riverboat will be located. The Board shall issue 5 licenses to
become effective not earlier than January 1, 1991. Three of such licenses
shall authorize riverboat gambling on the Mississippi River, or, with approval
by the municipality in which the
riverboat was docked on August 7, 2003 and with Board approval, be authorized to relocate to a new location,
in a
municipality that (1) borders on the Mississippi River or is within 5
miles of the city limits of a municipality that borders on the Mississippi
River and (2), on August 7, 2003, had a riverboat conducting riverboat gambling operations pursuant to
a license issued under this Act; one of which shall authorize riverboat
gambling from a home dock in the city of East St. Louis. One other license
shall
authorize riverboat gambling on
the Illinois River south of Marshall County. The Board shall issue one
additional license to become effective not earlier than March 1, 1992, which
shall authorize riverboat gambling on the Des Plaines River in Will County.
The Board may issue 4 additional licenses to become effective not
earlier than
March 1, 1992. In determining the water upon which riverboats will operate,
the Board shall consider the economic benefit which riverboat gambling confers
on the State, and shall seek to assure that all regions of the State share
in the economic benefits of riverboat gambling.
In granting all licenses, the Board may give favorable consideration to
economically depressed areas of the State, to applicants presenting plans
which provide for significant economic development over a large geographic
area, and to applicants who currently operate non‑gambling riverboats in
Illinois.
The Board shall review all applications for owners licenses,
and shall inform each applicant of the Board's decision.
The Board may grant an owners license to an
applicant that has not submitted the highest license bid, but if it does not
select the highest bidder, the Board shall issue a written decision explaining
why another
applicant was selected and identifying the factors set forth in this Section
that favored the winning bidder.
In addition to any other revocation powers granted to the Board under this
Act,
the Board may revoke the owners license of a licensee which fails
to begin conducting gambling within 15 months
of receipt of the
Board's approval of the application if the Board determines that license
revocation is in the best interests of the State.
(f) The first 10 owners licenses issued under this Act shall permit the
holder to own up to 2 riverboats and equipment thereon
for a period of 3 years after the effective date of the license. Holders of
the first 10 owners licenses must pay the annual license fee for each of
the 3
years during which they are authorized to own riverboats.
(g) Upon the termination, expiration, or revocation of each of the first
10 licenses, which shall be issued for a 3 year period, all licenses are
renewable annually upon payment of the fee and a determination by the Board
that the licensee continues to meet all of the requirements of this Act and the
Board's rules.
However, for licenses renewed on or after May 1, 1998, renewal shall be
for a period of 4 years, unless the Board sets a shorter period.
(h) An owners license shall entitle the licensee to own up to 2
riverboats. A licensee shall limit the number of gambling participants to
1,200 for any such owners license.
A licensee may operate both of its riverboats concurrently, provided that the
total number of gambling participants on both riverboats does not exceed
1,200. Riverboats licensed to operate on the
Mississippi River and the Illinois River south of Marshall County shall
have an authorized capacity of at least 500 persons. Any other riverboat
licensed under this Act shall have an authorized capacity of at least 400
persons.
(i) A licensed owner is authorized to apply to the Board for and, if
approved therefor, to receive all licenses from the Board necessary for the
operation of a riverboat, including a liquor license, a license
to prepare and serve food for human consumption, and other necessary
licenses. All use, occupation and excise taxes which apply to the sale of
food and beverages in this State and all taxes imposed on the sale or use
of tangible personal property apply to such sales aboard the riverboat.
(j) The Board may issue or re‑issue a license authorizing a riverboat to
dock
in a municipality or approve a relocation under Section 11.2 only if, prior
to the issuance or re‑issuance of
the license or approval, the governing body of the municipality in which
the riverboat will dock has by a majority vote approved the docking of
riverboats in the municipality. The Board may issue or re‑issue a license
authorizing a
riverboat to dock in areas of a county outside any municipality or approve a
relocation under Section 11.2 only if, prior to the issuance or re‑issuance
of the license
or approval, the
governing body of the county has by a majority vote approved of the docking of
riverboats within such areas.
(Source: P.A. 93‑28, eff. 6‑20‑03; 93‑453, eff. 8‑7‑03; 94‑667, eff. 8‑23‑05; 94‑804, eff. 5‑26‑06.)
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(230 ILCS 10/7.1)
Sec. 7.1.
Re‑issuance of revoked or non‑renewed owners licenses.
(a) If an owners license terminates or expires without renewal or the Board
revokes or determines not to renew an owners license (including, without
limitation, an owners license for a licensee that was not conducting riverboat
gambling operations on January 1, 1998)
and that revocation or determination is final, the Board may re‑issue such
license to
a qualified applicant pursuant to an open and competitive bidding process, as
set forth in Section 7.5, and subject to the maximum number of authorized
licenses set forth in Section
7(e).
(b) To be a qualified applicant, a person, firm, or corporation cannot be
ineligible to receive an owners license under Section 7(a) and must submit an
application for an owners license that complies with Section 6. Each such
applicant must also submit evidence to the Board that minority persons and
females hold ownership interests in the applicant of at least 16% and 4%
respectively.
(c) Notwithstanding anything to the contrary in Section 7(e), an applicant
may apply to the Board for approval of relocation of a re‑issued license to a
new home dock location authorized under Section 3(c) upon receipt of the
approval from the municipality or county, as the case may be, pursuant to
Section 7(j).
(d) In determining whether to grant a re‑issued owners license to an
applicant, the
Board shall consider all of the factors set forth in Sections 7(b) and (e) as
well as the amount of the applicant's license bid. The Board may
grant the re‑issued owners license to an applicant that has not submitted the
highest license bid, but if it does not select the highest bidder,
the Board shall issue a written decision explaining why another applicant was
selected and identifying the factors set forth in Sections 7(b) and (e) that
favored the winning bidder.
(e) Re‑issued owners licenses shall be subject to annual license fees as
provided for in Section 7(a) and shall be governed by the provisions of
Sections 7(f), (g), (h), and (i).
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/7.2)
Sec. 7.2.
Temporary operating permits.
Any person operating
under a temporary operating permit issued pursuant to 86 Ill. Admin. Code
3000.230 shall be deemed to be operating under the authority of an owner's
license for purposes of Section 13 of this Act. This Section shall not affect
in any way the licensure requirements of this Act.
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/7.3)
Sec. 7.3.
State conduct of gambling operations.
(a) If, after reviewing each application for a re‑issued license, the
Board determines that the highest prospective total revenue to the State would
be derived from State conduct of the gambling operation in lieu of re‑issuing
the license, the Board shall inform each applicant of its decision. The Board
shall thereafter have the authority, without obtaining an owners license, to
conduct riverboat gambling operations as
previously authorized by the terminated, expired, revoked, or nonrenewed
license through a licensed manager selected pursuant to an open and competitive
bidding
process as set forth in Section 7.5 and as provided in Section 7.4.
(b) The Board may locate any riverboat on which a gambling operation is
conducted by the State in any home dock location authorized by Section 3(c)
upon receipt of approval from a majority vote of the governing body of the
municipality or county, as the case may be, in which the riverboat will dock.
(c) The Board shall have jurisdiction over and shall supervise all
gambling operations conducted by the State provided for in this Act and shall
have all powers necessary and proper to fully and effectively execute the
provisions of this Act relating to gambling operations conducted by the State.
(d) The maximum number of owners licenses authorized under Section 7(e)
shall be reduced by one for each instance in which the Board authorizes the
State to conduct a riverboat gambling operation under subsection (a) in lieu of
re‑issuing a license to an applicant under Section 7.1.
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/7.4)
Sec. 7.4.
Managers licenses.
(a) A qualified person may apply to the Board for a managers license to
operate
and manage any gambling operation conducted by the State. The application shall
be
made on forms provided by the Board and shall contain such information as the
Board
prescribes, including but not limited to information required in Sections 6(a),
(b), and
(c) and information relating to the applicant's proposed price to manage State
gambling
operations and to provide the riverboat, gambling equipment, and supplies
necessary to
conduct State gambling operations.
(b) Each applicant must submit evidence to the Board that minority persons
and
females hold ownership interests in the applicant of at least 16% and 4%,
respectively.
(c) A person, firm, or corporation is ineligible to receive a managers
license if:
(1) the person has been convicted of a felony under | ||
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(2) the person has been convicted of any violation | ||
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(3) the person has submitted an application for a | ||
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(4) the person is a member of the Board;
(5) a person defined in (1), (2), (3), or (4) is an | ||
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(6) the firm or corporation employs a person defined | ||
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(7) a license of the person, firm, or corporation | ||
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(d) Each applicant shall submit with his or her application, on forms
prescribed by
the Board, 2 sets of his or her fingerprints.
(e) The Board shall charge each applicant a fee, set by the Board, to defray
the costs associated with the background investigation conducted by the
Board.
(f) A person who knowingly makes a false statement on an application is
guilty of a Class A misdemeanor.
(g) The managers license shall be for a term not to exceed 10 years, shall
be
renewable at the Board's option, and shall contain such terms and
provisions as the Board deems necessary to protect or enhance the
credibility and integrity of State gambling operations, achieve the highest
prospective total revenue to the State, and otherwise serve the interests of
the citizens of Illinois.
(h) Issuance of a managers license shall be subject to an open and
competitive bidding
process. The Board may select an applicant other than the lowest bidder by
price. If it does not select the lowest bidder, the Board shall issue a notice
of who
the lowest bidder was and a written decision as to why another bidder was
selected.
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/7.5)
Sec. 7.5.
Competitive Bidding.
When the Board determines that it will re‑issue an owners license pursuant to
an
open and competitive bidding process, as set forth in Section 7.1, or that it
will issue a managers license pursuant to an open and competitive bidding
process, as set forth in Section 7.4, the open and competitive bidding process
shall adhere to the following procedures:
(1) The Board shall make applications for owners and managers
licenses available to the public and allow a reasonable time for applicants to
submit applications to the Board.
(2) During the filing period for owners or managers license applications,
the
Board may retain the services of an investment banking firm to assist the Board
in conducting the open and competitive bidding process.
(3) After receiving all of the bid proposals, the Board shall open all of
the
proposals in a public forum and disclose the prospective owners or managers
names, venture partners, if any, and, in the case of applicants for owners
licenses, the locations of the proposed development sites.
(4) The Board shall summarize the terms of the proposals and may make this
summary available to the public.
(5) The Board shall evaluate the proposals within a reasonable time and
select no
more than 3 final applicants to make presentations of their
proposals to the Board.
(6) The final applicants shall make their presentations to the
Board on
the same day during an open session of the Board.
(7) As soon as practicable after the public presentations by the final
applicants,
the Board, in its
discretion, may conduct further negotiations among the 3 final applicants.
During such negotiations, each final applicant may increase its license bid or
otherwise enhance its bid proposal. At the conclusion of such
negotiations, the Board shall
select the winning proposal. In the case of negotiations for
an owners license, the Board may, at the conclusion of such negotiations,
make the determination allowed under Section 7.3(a).
(8) Upon selection of a winning bid, the Board shall evaluate the winning
bid
within a reasonable period of time for licensee suitability in accordance with
all applicable statutory and regulatory criteria.
(9) If the winning bidder is unable or otherwise fails to
consummate the transaction, (including if the Board determines that the winning
bidder does not satisfy the suitability requirements), the Board may, on the
same criteria, select from the remaining bidders or make the determination
allowed under Section 7.3(a).
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/8) (from Ch. 120, par. 2408)
Sec. 8.
Suppliers licenses.
(a) The Board may issue a suppliers license to such persons, firms or
corporations which apply therefor upon the payment of a non‑refundable
application fee set by the Board, upon a determination by the Board that
the applicant is eligible for a suppliers license and upon payment of a
$5,000 annual license
fee.
(b) The holder of a suppliers license is authorized to sell or lease,
and to contract to sell or lease, gambling equipment and supplies to any
licensee involved in the ownership or management of gambling operations.
(c) Gambling supplies and equipment may not be distributed
unless supplies and equipment conform to standards adopted by
rules of the Board.
(d) A person, firm or corporation is ineligible to receive a suppliers
license if:
(1) the person has been convicted of a felony under | ||
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(2) the person has been convicted of any violation | ||
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(3) the person has submitted an application for a | ||
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||
(4) the person is a member of the Board;
(5) the firm or corporation is one in which a person | ||
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||
(6) the firm or corporation employs a person who | ||
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||
(7) the license of the person, firm or corporation | ||
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||
(e) Any person that supplies any equipment, devices, or supplies to a
licensed riverboat gambling operation must first obtain a suppliers
license. A supplier shall furnish to the Board a list of all equipment,
devices and supplies offered for sale or lease in connection with gambling
games authorized under this Act. A supplier shall keep books and records
for the furnishing of equipment, devices and supplies to gambling
operations separate and distinct from any other business that the supplier
might operate. A supplier shall file a quarterly return with the Board
listing all sales and leases. A supplier shall permanently affix its name
to all its equipment, devices, and supplies for gambling operations.
Any supplier's equipment, devices or supplies which are used by any person
in an unauthorized gambling operation shall be forfeited to the State. A
licensed owner may own its own equipment, devices and supplies. Each
holder of an owners license under the Act shall file an annual report
listing its inventories of gambling equipment, devices and supplies.
(f) Any person who knowingly makes a false statement on an application
is guilty of a Class A misdemeanor.
(g) Any gambling equipment, devices and supplies provided by any
licensed supplier may either be repaired on the riverboat or removed from
the riverboat to an on‑shore facility owned by the holder of an owners
license for repair.
(Source: P.A. 86‑1029; 87‑826.)
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(230 ILCS 10/9) (from Ch. 120, par. 2409)
Sec. 9.
Occupational licenses.
(a) The Board may issue an occupational license to an applicant upon the
payment of a non‑refundable fee set by the Board, upon a determination by
the Board that the applicant is eligible for an occupational license and
upon payment of an annual license fee in an amount to be established. To
be eligible for an occupational license, an applicant must:
(1) be at least 21 years of age if the applicant | ||
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(2) not have been convicted of a felony offense, a | ||
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||
(3) have demonstrated a level of skill or knowledge | ||
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(4) have met standards for the holding of an | ||
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(b) Each application for an occupational license shall be on forms
prescribed by the Board and shall contain all information required by the
Board. The applicant shall set forth in the application: whether he has been
issued prior gambling related licenses; whether he has been licensed in any
other state under any other name, and, if so, such name and his age; and
whether or not a permit or license issued to him in any other state has
been suspended, restricted or revoked, and, if so, for what period of time.
(c) Each applicant shall submit with his application, on forms provided
by the Board, 2 sets of his fingerprints. The Board shall charge each
applicant a fee set by the Department of State Police to defray the costs
associated with the search and classification of fingerprints obtained by
the Board with respect to the applicant's application. These fees shall be
paid into the State Police Services Fund.
(d) The Board may in its discretion refuse an occupational license to
any person: (1) who is unqualified to perform the duties required of such
applicant; (2) who fails to disclose or states falsely any information
called for in the application; (3) who has been found guilty of a
violation of this Act or whose prior gambling related license or
application therefor has been suspended, restricted, revoked or denied for
just cause in any other state; or (4) for any other just cause.
(e) The Board may suspend, revoke or restrict any occupational licensee:
(1) for violation of any provision of this Act; (2) for violation of any
of the rules and regulations of the Board; (3) for any cause which, if
known to the Board, would have disqualified the applicant from receiving
such license; or (4) for default in the payment of any obligation or debt
due to the State of Illinois; or (5) for any other just cause.
(f) A person who knowingly makes a false statement on an application is
guilty of a Class A misdemeanor.
(g) Any license issued pursuant to this Section shall be valid for a
period of one year from the date of issuance.
(h) Nothing in this Act shall be interpreted to prohibit a licensed
owner from entering into an agreement with a school approved under the
Private Business and Vocational Schools Act for the training of any
occupational licensee. Any training offered by such a school shall be in
accordance with a written agreement between the licensed owner and the school.
(i) Any training provided for occupational licensees may be conducted
either on the riverboat or at a school with which a licensed owner has
entered into an agreement pursuant to subsection (h).
(Source: P.A. 86‑1029; 87‑826.)
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(230 ILCS 10/10) (from Ch. 120, par. 2410)
Sec. 10.
Bond of licensee.
Before an owners license is issued or
re‑issued or a managers license is issued, the
licensee shall post a bond in the sum of $200,000 to the State of Illinois.
The bond shall be used to guarantee that the licensee
faithfully makes the payments, keeps his books and records and makes
reports, and conducts his games of chance in conformity with this Act and
the rules adopted by the Board. The bond shall not be canceled by a
surety on less than 30 days notice in writing to the Board.
If a bond is canceled and the licensee fails to file a new bond with the
Board in the required amount on or before the effective date of
cancellation, the licensee's license shall be revoked. The total and
aggregate liability of the surety on the bond is limited to the amount
specified in the bond.
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/11) (from Ch. 120, par. 2411)
Sec. 11.
Conduct of gambling.
Gambling may be conducted by licensed owners or licensed managers on behalf
of the State aboard riverboats,
subject to the following standards:
(1) A licensee may conduct riverboat gambling | ||
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(2) (Blank).
(3) Minimum and maximum wagers on games shall be set | ||
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(4) Agents of the Board and the Department of State | ||
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(5) Employees of the Board shall have the right to | ||
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(6) Gambling equipment and supplies customarily used | ||
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(7) Persons licensed under this Act shall permit no | ||
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(8) Wagers may be received only from a person | ||
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(9) Wagering shall not be conducted with money or | ||
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(10) A person under age 21 shall not be permitted on | ||
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(11) Gambling excursion cruises are permitted only | ||
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(12) All tokens, chips or electronic cards used to | ||
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||
(13) Notwithstanding any other Section of this Act, | ||
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||
(14) In addition to the above, gambling must be | ||
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||
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
Sec. 11.1.
Collection of amounts owing under credit agreements.
Notwithstanding any applicable statutory provision to the contrary, a
licensed owner or manager who extends credit to a riverboat gambling patron
pursuant
to Section 11 (a) (12) of this Act is expressly authorized to institute a
cause of action to collect any amounts due and owing under the extension of
credit, as well as the owner's or manager's costs, expenses and reasonable
attorney's
fees incurred in collection.
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/11.2)
Sec. 11.2.
Relocation of riverboat home dock.
(a) A licensee that was not conducting
riverboat gambling on January 1, 1998 may apply to the Board for renewal and
approval of relocation to a new home dock location authorized under Section
3(c) and
the Board
shall grant the application and approval upon receipt by the licensee of
approval from the new municipality or county, as the case may be, in which the
licensee wishes to relocate pursuant to Section 7(j).
(b) Any licensee that relocates its home dock
pursuant
to this Section shall attain a level of at least 20% minority person and female
ownership, at least 16% and 4% respectively, within a time period
prescribed by the Board,
but not to exceed 12 months from the date
the licensee
begins conducting gambling at the new home dock location. The 12‑month period
shall be extended by the amount of
time
necessary to conduct a background investigation pursuant to Section 6.
For the purposes of this
Section, the terms "female" and "minority person" have the meanings provided in
Section 2 of the
Business Enterprise for Minorities, Females, and Persons with Disabilities
Act.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(2) (Blank).
(3) The riverboat licensee may issue tax‑free passes | ||
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(4) The number and issuance of tax‑free passes is | ||
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(a‑5) A fee is hereby imposed upon admissions operated by licensed
managers on behalf of the State pursuant to Section 7.3 at the rates provided
in
this subsection (a‑5). For a licensee that
admitted 1,000,000 persons or fewer in the previous calendar year, the rate is
$3 per person admitted; for a licensee that admitted more than 1,000,000 but no
more than 2,300,000 persons
in the previous calendar year, the rate is $4 per person admitted; and for
a licensee that admitted more than 2,300,000 persons in the previous calendar
year, the rate is $5 per person admitted.
(1) The admission fee shall be paid for each | ||
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(2) (Blank).
(3) The licensed manager may issue fee‑free passes | ||
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(4) The number and issuance of fee‑free passes is | ||
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(b) From the tax imposed under subsection (a) and the fee imposed under
subsection (a‑5), a municipality shall receive from the State $1 for each
person embarking on a riverboat docked within the municipality, and a county
shall receive $1 for each person embarking on a riverboat docked within the
county but outside the boundaries of any municipality. The municipality's or
county's share shall be collected by the Board on behalf of the State and
remitted quarterly by the State, subject to appropriation, to the treasurer of
the unit of local government for deposit in the general fund.
(c) The licensed owner shall pay the entire admission tax to the Board and
the licensed manager shall pay the entire admission fee to the Board.
Such payments shall be made daily. Accompanying each payment shall be a
return on forms provided by the Board which shall include other
information regarding admissions as the Board may require. Failure to
submit either the payment or the return within the specified time may
result in suspension or revocation of the owners or managers license.
(d) The Board shall administer and collect the admission tax imposed by
this Section, to the extent practicable, in a manner consistent with the
provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the Retailers' Occupation Tax Act and
Section 3‑7 of the Uniform Penalty and Interest Act.
(Source: P.A. 93‑27, eff. 6‑20‑03; 93‑28, eff. 6‑20‑03; 94‑673, eff. 8‑23‑05.)
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20% of annual adjusted gross receipts in excess of | ||
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25% of annual adjusted gross receipts in excess of | ||
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30% of annual adjusted gross receipts in excess of | ||
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35% of annual adjusted gross receipts in excess of | ||
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(a‑2) From July 1, 2002 until July 1, 2003, a privilege tax is imposed on
persons engaged in the business of conducting riverboat gambling operations,
other than licensed managers conducting riverboat gambling operations on behalf
of the State, based on the adjusted gross receipts received by a licensed
owner from gambling games authorized under this Act at the following rates:
15% of annual adjusted gross receipts up to and | ||
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22.5% of annual adjusted gross receipts in excess of | ||
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||
27.5% of annual adjusted gross receipts in excess of | ||
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||
32.5% of annual adjusted gross receipts in excess of | ||
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||
37.5% of annual adjusted gross receipts in excess of | ||
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||
45% of annual adjusted gross receipts in excess of | ||
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||
50% of annual adjusted gross receipts in excess of | ||
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||
(a‑3) Beginning July 1, 2003, a privilege tax is imposed on persons engaged
in the business of conducting riverboat gambling operations, other than
licensed managers conducting riverboat gambling operations on behalf of the
State, based on the adjusted gross receipts received by a licensed owner from
gambling games authorized under this Act at the following rates:
15% of annual adjusted gross receipts up to and | ||
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27.5% of annual adjusted gross receipts in excess of | ||
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||
32.5% of annual adjusted gross receipts in excess of | ||
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||
37.5% of annual adjusted gross receipts in excess of | ||
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||
45% of annual adjusted gross receipts in excess of | ||
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||
50% of annual adjusted gross receipts in excess of | ||
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70% of annual adjusted gross receipts in excess of | ||
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An amount equal to the amount of wagering taxes collected under this
subsection (a‑3) that are in addition to the amount of wagering taxes that
would have been collected if the wagering tax rates under subsection (a‑2)
were in effect shall be paid into the Common School Fund.
The privilege tax imposed under this subsection (a‑3) shall no longer be
imposed beginning on the earlier of (i) July 1, 2005; (ii) the first date
after June 20, 2003 that riverboat gambling operations are conducted
pursuant to a dormant license; or (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners license that is in
addition to the 10 owners licenses initially authorized under this Act.
For the purposes of this subsection (a‑3), the term "dormant license"
means an owners license that is authorized by this Act under which no
riverboat gambling operations are being conducted on June 20, 2003.
(a‑4) Beginning on the first day on which the tax imposed under
subsection (a‑3) is no longer imposed, a privilege tax is imposed on persons
engaged in the business of conducting riverboat gambling operations, other
than licensed managers conducting riverboat gambling operations on behalf of
the State, based on the adjusted gross receipts received by a licensed owner
from gambling games authorized under this Act at the following rates:
15% of annual adjusted gross receipts up to and | ||
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22.5% of annual adjusted gross receipts in excess of | ||
|
||
27.5% of annual adjusted gross receipts in excess of | ||
|
||
32.5% of annual adjusted gross receipts in excess of | ||
|
||
37.5% of annual adjusted gross receipts in excess of | ||
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||
45% of annual adjusted gross receipts in excess of | ||
|
||
50% of annual adjusted gross receipts in excess of | ||
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||
(a‑8) Riverboat gambling operations conducted by a licensed manager on
behalf of the State are not subject to the tax imposed under this Section.
(a‑10) The taxes imposed by this Section shall be paid by the licensed
owner to the Board not later than 3:00 o'clock p.m. of the day after the day
when the wagers were made.
(a‑15) If the privilege tax imposed under subsection (a‑3) is no longer imposed pursuant to item (i) of the last paragraph of subsection (a‑3), then by June 15 of each year, each owners licensee, other than an owners licensee that admitted 1,000,000 persons or
fewer in calendar year 2004, must, in addition to the payment of all amounts otherwise due under this Section, pay to the Board the amount, if any, by which the base amount for the licensed owner exceeds the amount of tax paid under this Section by the licensed owner in the then current State fiscal year. The obligation imposed by this subsection (a‑15) is binding on any person, firm, corporation, or other entity that acquires an ownership interest in any such owners license. The obligation imposed under this subsection (a‑15) terminates on the earliest of: (i) July 1, 2007, (ii) the first day after the effective date of this amendatory Act of the 94th General Assembly that riverboat gambling operations are conducted pursuant to a dormant license, (iii) the first day that riverboat gambling operations are conducted under the authority of an owners license that is in addition to the 10 owners licenses initially authorized under this Act, or (iv) the first day that a licensee under the Illinois Horse Racing Act of 1975 conducts gaming operations with slot machines or other electronic gaming devices. The Board must reduce the obligation imposed under this subsection (a‑15) by an amount the Board deems reasonable for any of the following reasons: (A) an act or acts of God, (B) an act of bioterrorism or terrorism or a bioterrorism or terrorism threat that was investigated by a law enforcement agency, or (C) a condition beyond the control of the owners licensee that does not result from any act or omission by the owners licensee or any of its agents and that poses a hazardous threat to the health and safety of patrons. If an owners licensee pays an amount in excess of its liability under this Section, the Board shall apply the overpayment to future payments required under this Section. For purposes of this subsection (a‑15): "Act of God" means an incident caused by the operation of an extraordinary force that cannot be foreseen, that cannot be avoided by the exercise of due care, and for which no person can be held liable.
"Base amount" means the following: For a riverboat in Alton, $31,000,000.
For a riverboat in East Peoria, $43,000,000.
For the Empress riverboat in Joliet, $86,000,000.
For a riverboat in Metropolis, $45,000,000.
For the Harrah's riverboat in Joliet, $114,000,000.
For a riverboat in Aurora, $86,000,000.
For a riverboat in East St. Louis, $48,500,000.
For a riverboat in Elgin, $198,000,000.
"Dormant license" has the meaning ascribed to it in subsection (a‑3).
(b) Until January 1, 1998, 25% of the tax revenue deposited in the State
Gaming Fund under this Section shall be paid, subject to appropriation by the
General Assembly, to the unit of local government which is designated as the
home dock of the riverboat. Beginning January 1, 1998, from the tax revenue
deposited in the State Gaming Fund under this Section, an amount equal to 5% of
adjusted gross receipts generated by a riverboat shall be paid monthly, subject
to appropriation by the General Assembly, to the unit of local government that
is designated as the home dock of the riverboat. From the tax revenue
deposited in the State Gaming Fund pursuant to riverboat gambling operations
conducted by a licensed manager on behalf of the State, an amount equal to 5%
of adjusted gross receipts generated pursuant to those riverboat gambling
operations shall be paid monthly,
subject to appropriation by the General Assembly, to the unit of local
government that is designated as the home dock of the riverboat upon which
those riverboat gambling operations are conducted.
(c) Appropriations, as approved by the General Assembly, may be made
from the State Gaming Fund to the Department of Revenue and the Department
of State Police for the administration and enforcement of this Act, or to the
Department of Human Services for the administration of programs to treat
problem gambling.
(c‑5) After the payments required under subsections (b) and (c) have been
made, an amount equal to 15% of the adjusted gross receipts of (1) an owners
licensee that relocates pursuant to Section 11.2,
(2) an owners licensee
conducting riverboat gambling operations
pursuant to an
owners license that is initially issued after June
25, 1999,
or (3) the first
riverboat gambling operations conducted by a licensed manager on behalf of the
State under Section 7.3,
whichever comes first, shall be paid from the State
Gaming Fund into the Horse Racing Equity Fund.
(c‑10) Each year the General Assembly shall appropriate from the General
Revenue Fund to the Education Assistance Fund an amount equal to the amount
paid into the Horse Racing Equity Fund pursuant to subsection (c‑5) in the
prior calendar year.
(c‑15) After the payments required under subsections (b), (c), and (c‑5)
have been made, an amount equal to 2% of the adjusted gross receipts of (1)
an owners licensee that relocates pursuant to Section 11.2, (2) an owners
licensee conducting riverboat gambling operations pursuant to
an
owners license that is initially issued after June 25, 1999,
or (3) the first
riverboat gambling operations conducted by a licensed manager on behalf of the
State under Section 7.3,
whichever comes first, shall be paid, subject to appropriation
from the General Assembly, from the State Gaming Fund to each home rule
county with a population of over 3,000,000 inhabitants for the purpose of
enhancing the county's criminal justice system.
(c‑20) Each year the General Assembly shall appropriate from the General
Revenue Fund to the Education Assistance Fund an amount equal to the amount
paid to each home rule county with a population of over 3,000,000 inhabitants
pursuant to subsection (c‑15) in the prior calendar year.
(c‑25) After the payments required under subsections (b), (c), (c‑5) and
(c‑15) have been made, an amount equal to 2% of the
adjusted gross receipts of (1) an owners licensee
that
relocates pursuant to Section 11.2, (2) an
owners
licensee conducting riverboat gambling operations pursuant to
an
owners license
that is initially issued after June 25, 1999,
or (3) the first
riverboat gambling operations conducted by a licensed manager on behalf of the
State under Section 7.3,
whichever
comes first,
shall be paid from the State
Gaming Fund to Chicago State University.
(d) From time to time, the
Board shall transfer the remainder of the funds
generated by this Act into the Education
Assistance Fund, created by Public Act 86‑0018, of the State of Illinois.
(e) Nothing in this Act shall prohibit the unit of local government
designated as the home dock of the riverboat from entering into agreements
with other units of local government in this State or in other states to
share its portion of the tax revenue.
(f) To the extent practicable, the Board shall administer and collect the
wagering taxes imposed by this Section in a manner consistent with the
provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and Section 3‑7 of the
Uniform Penalty and Interest Act.
(Source: P.A. 93‑27, eff. 6‑20‑03; 93‑28, eff. 6‑20‑03; 94‑673, eff. 8‑23‑05.)
|
(230 ILCS 10/13.1)
Sec. 13.1.
Compulsive gambling.
(a) Each licensed owner shall post signs with a statement
regarding obtaining assistance with gambling problems, the text of which shall
be determined by rule by the Department of Human Services, at the following
locations in each facility at which
gambling is conducted by the licensed owner:
(i) Each entrance and exit.
(ii) Near each credit location.
The signs shall be provided by the Department of Human Services.
(b) Each licensed owner shall print a statement regarding obtaining
assistance with gambling problems, the text of which shall be determined by
rule by the Department of Human Services, on all paper stock
that the licensed owner provides to the general public.
(Source: P.A. 89‑374, eff. 1‑1‑96; 89‑507, eff. 7‑1‑97.)
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(230 ILCS 10/14) (from Ch. 120, par. 2414)
Sec. 14.
Licensees ‑ Records ‑ Reports ‑ Supervision.
(a) A licensed owner shall keep his books and records so as to clearly
show the following:
(1) The amount received daily from admission fees.
(2) The total amount of gross receipts.
(3) The total amount of the adjusted gross receipts.
(b) The licensed owner shall furnish to the Board reports and information as
the Board may require with respect to its activities on forms designed and
supplied for such purpose by the Board.
(c) The books and records kept by a licensed owner as provided by this Section are
public records and the examination, publication, and dissemination of the
books and records are governed by the provisions of The Freedom of Information Act.
(Source: P.A. 86‑1029.)
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(230 ILCS 10/15) (from Ch. 120, par. 2415)
Sec. 15.
Audit of Licensee Operations.
Within 90 days after the end
of each quarter of each fiscal year, the licensed owner or manager shall
transmit to the Board an audit of the financial transactions
and condition of the licensee's total operations. All audits shall be
conducted by certified public accountants selected by the Board. Each
certified public accountant must be registered in the State of
Illinois under the Illinois Public Accounting Act.
The compensation for each certified public accountant shall be paid
directly by the licensed owner or manager to the certified public
accountant.
(Source: P.A. 93‑28, eff. 6‑20‑03.)
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(230 ILCS 10/16) (from Ch. 120, par. 2416)
Sec. 16.
Annual Report of Board.
The Board shall make an
annual report to the Governor, for the period ending December 31 of each
year. Included in the report shall be an account of the Board
actions, its financial position and results of operation under this Act,
the practical results attained under this Act and any recommendations for
legislation which the Board deems advisable.
(Source: P.A. 86‑1029.)
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(230 ILCS 10/17) (from Ch. 120, par. 2417)
Sec. 17.
Administrative Procedures.
The Illinois Administrative Procedure
Act shall apply to all administrative rules and procedures of the Board under
this Act, except that: (1) subsection (b) of Section 5‑10 of the Illinois
Administrative Procedure Act does not apply to final orders, decisions and
opinions of the Board; (2) subsection (a) of Section 5‑10 of the Illinois
Administrative Procedure Act does not apply to forms established by the Board
for use under this Act; (3) the provisions of Section 10‑45 of the Illinois
Administrative Procedure Act regarding proposals for decision are excluded
under this Act; and (4) the provisions of subsection (d) of Section
10‑65 of the Illinois Administrative Procedure Act do not apply so as to
prevent summary suspension of any license pending revocation or other action,
which suspension shall remain in effect unless modified by the Board or unless
the Board's decision is reversed on the merits upon judicial review.
(Source: P.A. 88‑45; 89‑626, eff. 8‑9‑96.)
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(230 ILCS 10/17.1) (from Ch. 120, par. 2417.1)
Sec. 17.1.
Judicial Review.
(a) Jurisdiction and venue for the judicial
review of a final order of the Board relating to owners, suppliers or
special event licenses is vested in the Appellate Court of
the judicial district in which Sangamon County is located. A
petition for judicial review of a final order of the Board must be filed in
the Appellate Court, within 35 days from the date that a copy of the decision
sought to be reviewed was served upon the party affected by the decision.
(b) Judicial review of all other final orders of the Board shall be
conducted in accordance with the Administrative Review Law.
(Source: P.A. 88‑1.)
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(230 ILCS 10/18) (from Ch. 120, par. 2418)
Sec. 18.
Prohibited Activities ‑ Penalty.
(a) A person is guilty of a Class A misdemeanor for doing any of the
following:
(1) Conducting gambling where wagering is used or to | ||
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(2) Conducting gambling where wagering is permitted | ||
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(b) A person is guilty of a Class B misdemeanor for doing any of the
following:
(1) permitting a person under 21 years to make a | ||
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(2) violating paragraph (12) of subsection (a) of | ||
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(c) A person wagering or accepting a wager at any location outside the
riverboat is subject to the penalties in paragraphs (1) or (2) of
subsection (a) of Section 28‑1 of the Criminal Code of 1961.
(d) A person commits a Class 4 felony and, in addition, shall be barred
for life from riverboats under the jurisdiction of the
Board, if the person does any of the following:
(1) Offers, promises, or gives anything of value or | ||
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(2) Solicits or knowingly accepts or receives a | ||
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(3) Uses or possesses with the intent to use a | ||
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(i) In projecting the outcome of the game.
(ii) In keeping track of the cards played.
(iii) In analyzing the probability of the | ||
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(iv) In analyzing the strategy for playing or | ||
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(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards, | ||
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(6) Alters or misrepresents the outcome of a | ||
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(7) Places a bet after acquiring knowledge, not | ||
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(8) Claims, collects, or takes, or attempts to | ||
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(9) Uses counterfeit chips or tokens in a gambling | ||
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(10) Possesses any key or device designed for the | ||
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(e) The possession of more than one of the devices described in
subsection (d), paragraphs (3), (5) or (10) permits a rebuttable
presumption that the possessor intended to use the devices for cheating.
An action to prosecute any crime occurring on a riverboat
shall be tried in the county of the dock at which the riverboat is based.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 10/19) (from Ch. 120, par. 2419)
Sec. 19.
Forfeiture of property.
(a) Except as provided in
subsection (b), any riverboat
used for the conduct of gambling games in violation of this Act shall be
considered a gambling place in violation of Section 28‑3 of the Criminal
Code of 1961, as now or hereafter amended. Every gambling device found on
a riverboat operating gambling games in violation of this
Act shall be subject to seizure, confiscation and destruction as provided
in Section 28‑5 of the Criminal Code of 1961, as now or hereafter amended.
(b) It is not a violation of this Act for a riverboat or other
watercraft which is licensed for gaming by a contiguous state to dock on
the shores of this State if the municipality having jurisdiction of the
shores, or the county in the case of unincorporated areas, has granted
permission for docking and no gaming is conducted on the riverboat or other
watercraft while it is docked on the shores of this State.
No gambling device shall be subject to seizure, confiscation or
destruction if the gambling device is located on a riverboat or other
watercraft which is licensed for gaming by a contiguous state and which is
docked on the shores of this State if the municipality having jurisdiction
of the shores, or the county in the case of unincorporated areas, has
granted permission for docking and no
gaming is conducted on the riverboat or other watercraft while it is docked on
the shores of this State.
(Source: P.A. 86‑1029.)
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(230 ILCS 10/20) (from Ch. 120, par. 2420)
Sec. 20.
Prohibited activities ‑ civil penalties.
Any person who
conducts a gambling operation without first obtaining a
license to do so, or who continues to conduct such games after revocation
of his license, or any licensee who conducts or allows to be
conducted any unauthorized gambling games on a riverboat where it is
authorized to conduct its riverboat gambling operation, in addition to
other penalties provided, shall be subject to a civil penalty equal to the
amount of gross receipts derived from wagering on the gambling games,
whether unauthorized or authorized, conducted on that day as well as
confiscation and forfeiture of all gambling game equipment used in the
conduct of unauthorized gambling games.
(Source: P.A. 86‑1029.)
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(230 ILCS 10/21) (from Ch. 120, par. 2421)
Sec. 21.
Limitation on taxation of licensees.
Licensees shall not be
subjected to any excise tax, license tax,
permit tax, privilege tax, occupation tax or excursion tax which is imposed
exclusively upon the licensee by the State or any political
subdivision thereof, except as provided in this Act.
(Source: P.A. 86‑1029.)
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(230 ILCS 10/22) (from Ch. 120, par. 2422)
Sec. 22.
Criminal history record information.
Whenever the Board is authorized or required by law to consider some
aspect of criminal history record information for the purpose of carrying
out its statutory powers and responsibilities, the Board shall, in the
form and manner required by the Department of State Police and the Federal
Bureau of Investigation, cause to be conducted a criminal history record
investigation to obtain any information currently or thereafter contained in
the files of the Department of State Police or the Federal Bureau of
Investigation.
Each applicant for occupational licensing under Section 9
or key person as defined by the Board in administrative rules shall submit his
or her fingerprints to the
Department of State Police in the form and manner prescribed by the Department
of State Police. These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of
State Police and Federal Bureau of Investigation criminal history
records databases. The Department of State Police
shall charge a fee for conducting the criminal history records check, which
shall be deposited in the State Police Services Fund and shall not exceed the
actual cost of the records check.
The Department of State Police shall provide, on the Board's
request, information concerning any criminal charges, and their disposition,
currently or thereafter filed against an applicant for or holder of an
occupational license. Information obtained as a result of an investigation
under this Section shall be used in determining eligibility for an occupational
license under Section 9. Upon request and
payment of fees in conformance with the requirements of
Section 2605‑400 of the Department of State Police Law (20 ILCS
2605/2605‑400), the
Department
of State Police is authorized to furnish, pursuant to positive
identification, such information contained in State files as is necessary
to fulfill the request.
(Source: P.A. 93‑418, eff. 1‑1‑04.)
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