(230 ILCS 30/2) (from Ch. 120, par. 1122)
Sec. 2.
Definitions.
For purposes of this Act, the following definitions
apply:
"Organization": A corporation, agency, partnership, institution,
association, firm or other entity consisting of 2 or more persons joined by
a common interest or purpose.
"Sponsoring organization": A qualified organization that has obtained a
license to conduct a charitable games event in conformance with the provisions
of this Act.
"Qualified organization":
(a) a charitable, religious, fraternal, veterans, |
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labor or educational organization or institution organized and conducted on a not‑for‑profit basis with no personal profit inuring to anyone as a result of the operation and which is exempt from federal income taxation under Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code;
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(b) a veterans organization as defined in Section 1
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of the "Bingo License and Tax Act", approved July 22, 1971, as amended, organized and conducted on a not‑for‑profit basis with no personal profit inuring to anyone as a result of the operation; or
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(c) An auxiliary organization of a veterans
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"Fraternal organization": A civic, service or charitable organization in
this State except a college or high school fraternity or sorority, not for
pecuniary profit, which is a branch, lodge or chapter of a national or
State organization and exists for the common business, brotherhood, or
other interest of its members.
"Veterans organization": An organization comprised of members of which
substantially all are individuals who are veterans or spouses, widows, or
widowers of veterans, the primary purpose of which is to promote the
welfare of its members and to provide assistance to the general public in
such a way as to confer a public benefit.
"Labor organization": An organization composed of labor unions or
workers organized with the objective of betterment of the conditions of
those engaged in such pursuit and the development of a higher degree of
efficiency in their respective occupations.
"Department": The Department of Revenue.
"Volunteer": A person recruited by the sponsoring organization who
voluntarily performs services at a charitable games event, including
participation in the management or operation of a game, as defined in Section
8.
"Person": Any natural individual, a corporation, a partnership, a limited
liability company, an organization as defined in this
Section, a qualified organization, a sponsoring organization, any other
licensee under this Act, or a volunteer.
(Source: P.A. 87‑758; 88‑669, eff. 11‑29‑94.)
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(230 ILCS 30/4) (from Ch. 120, par. 1124)
Sec. 4.
Licensing Restrictions.
Licensing for the conducting of
charitable games is subject to the following restrictions:
(1) The license application, when submitted to the |
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Department of Revenue, must contain a sworn statement attesting to the not‑for‑profit character of the prospective licensee organization, signed by the presiding officer and the secretary of that organization. The application shall contain the name of the person in charge of and primarily responsible for the conduct of the charitable games. The person so designated shall be present on the premises continuously during charitable games. Any wilful misstatements contained in such application constitute perjury.
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(2) The application for license shall be prepared by
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the prospective licensee organization or its duly authorized representative in accordance with the rules of the Department of Revenue.
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(2.1) The application for a license shall contain a
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list of the names, addresses, social security numbers, and dates of birth of all persons who will participate in the management or operation of the games, along with a sworn statement made under penalties of perjury, signed by the presiding officer and secretary of the applicant, that the persons listed as participating in the management or operation of the games are bona fide members, volunteers as defined in Section 2, or employees of the applicant, that these persons have not participated in the management or operation of more than 4 charitable games events conducted by any licensee in the calendar year, and that these persons will receive no remuneration or compensation, directly or indirectly from any source, for participating in the management or operation of the games. Any amendments to this listing must contain an identical sworn statement.
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(2.2) The application shall be signed by the
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presiding officer and the secretary of the applicant organization, who shall attest under penalties of perjury that the information contained in the application is true, correct, and complete.
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(3) Each license shall state which day of the week,
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hours and at what locations the licensee is permitted to conduct charitable games.
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(4) Each licensee shall file a copy of the license
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with each police department or, if in unincorporated areas, each sheriff's office whose jurisdiction includes the premises on which the charitable games are authorized under the license.
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(5) The licensee shall display the license in a
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prominent place in the area where it is to conduct charitable games.
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(6) The proceeds from the license fee imposed by
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this Act shall be paid into the Illinois Gaming Law Enforcement Fund of the State Treasury.
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(7) Each licensee shall obtain and maintain a bond
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for the benefit of participants in games conducted by the licensee to insure payment to the winners of such games. Such bond shall be in an amount established by rule by the Department of Revenue. In a county with fewer than 60,000 inhabitants, the Department may waive the bond requirement upon a showing by a licensee that it has sufficient funds on deposit to insure payment to the winners of such games.
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(8) A license is not assignable or transferable.
(9) Unless the premises for conducting charitable
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games are provided by a municipality, the Department shall not issue a license permitting a person, firm or corporation to sponsor a charitable games night if the premises for the conduct of the charitable games has been previously used for 8 charitable games nights during the previous 12 months.
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(10) Auxiliary organizations of a licensee shall not
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be eligible for a license to conduct charitable games, except for auxiliary organizations of veterans organizations as authorized in Section 2.
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(11) Charitable games must be conducted in
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accordance with local building and fire code requirements.
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(12) The licensee shall consent to allowing the
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Department's employees to be present on the premises wherein the charitable games are conducted and to inspect or test equipment, devices and supplies used in the conduct of the game.
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Nothing in this Section shall be construed to prohibit a licensee that
conducts charitable games on its own premises from also obtaining a
providers' license in accordance with Section 5.1.
The maximum number of charitable games events that may be held in any one
premises is limited to 8 charitable games events per calendar year.
(Source: P.A. 87‑758; 88‑563, eff. 1‑1‑95; 88‑669, eff. 11‑29‑94.)
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(230 ILCS 30/6) (from Ch. 120, par. 1126)
Sec. 6.
Supplier's license.
The Department shall issue a supplier's
license permitting a person,
firm or corporation to sell, lease, lend or distribute to any organization
licensed
to conduct charitable games,
supplies, devices and other equipment designed for use in the playing of
charitable games.
No person, firm or corporation shall sell, lease or distribute charitable
games supplies
or equipment without having first obtained a license therefor upon written
application made, verified and filed with the Department in the form prescribed
by the rules and regulations of the Department. Each supplier's license is
valid for a period of one year from the date of issuance, unless suspended or
revoked by Department action before that date.
The annual fee for such
license is $500. The Department may require by rule for the provision of
surety bonds by suppliers. A supplier
shall furnish the Department
with a list of all products and equipment offered for sale or lease to any
organization licensed to conduct charitable games, and all such products
and equipment shall be sold or leased at the prices on file with the
Department. A supplier shall keep all such products and equipment
segregated and separate from any other products, materials or equipment that
it might own, sell or lease.
A supplier must include in its application for a license the exact
location of the storage of the products, materials or equipment. A
supplier, as a condition of licensure, must consent to permitting the
Department's employees to enter supplier's premises to inspect and test all
equipment and devices.
A supplier shall keep books and records for
the furnishing of products and equipment to charitable games separate and
distinct from any other business the supplier might operate. All products
and equipment supplied must be in accord with the Department's rules and
regulations.
A supplier shall not alter or modify any equipment or supplies, or possess
any equipment or supplies so altered or modified, so as to allow the
possessor or operator of the equipment to obtain a greater chance of
winning a game other than as under normal rules of play of such games.
The supplier shall not require an organization to pay a
percentage of the proceeds from the charitable games for the use of the
products or equipment. The supplier shall file a quarterly return with the
Department listing all sales or leases for such quarter and the gross
proceeds from such
sales or leases. A supplier shall permanently affix his name to all
charitable games equipment, supplies and pull tabs. A supplier shall not
have any interest in any providers' business, either direct or indirect.
If the supplier leases his equipment for use at an unlicensed charitable
games or to an unlicensed sponsoring group, all equipment so leased is
forfeited to the State.
No person, firm or corporation shall sell, lease or
distribute for compensation within this State, or possess with intent to sell, lease or
distribute for compensation within this State, any chips,
representations of money, wheels or any devices or
equipment designed for use or used in the play of charitable games
without first having obtained a license to do so from the Department of
Revenue. Any person, firm or corporation which knowingly violates this
paragraph shall be guilty of a Class A misdemeanor, the fine for which
shall not exceed $50,000.
Organizations licensed to conduct charitable games may own their own
equipment. Such organizations must apply to the Department for an
ownership permit. Any such application must be accompanied by a $50 fee.
Such organizations shall file an annual report listing their inventory of
charitable games equipment. Such organizations may lend such equipment
without compensation to other licensed organizations without applying for a
suppliers license.
No employee, owner, or officer of a supplier may
participate in the management or operation of a charitable games event,
even if the employee, owner, or officer is also a member, volunteer, or
employee of the charitable games licensee. A supplier may not promote or
solicit a charitable games event on behalf of a charitable games licensee or
qualified organization.
(Source: P.A. 88‑669, eff. 11‑29‑94.)
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(230 ILCS 30/8) (from Ch. 120, par. 1128)
Sec. 8.
The conducting of charitable games is subject to the following
restrictions:
(1) The entire net proceeds from charitable games |
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must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
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(2) No person except a bona fide member or employee
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of the sponsoring organization, or a volunteer recruited by the sponsoring organization, may participate in the management or operation of the game. A person participates in the management or operation of a charitable game when he or she sells admission tickets at the event; sells, redeems, or in any way assists in the selling or redeeming of chips, scrip, or play money; participates in the conducting of any of the games played during the event, or supervises, directs or instructs anyone conducting a game; or at any time during the hours of the charitable games event counts, handles, or supervises anyone counting or handling any of the proceeds or chips, scrip, or play money at the event. A person who is present to ensure that the games are being conducted in conformance with the rules established by the licensed organization or is present to insure that the equipment is working properly is considered to be participating in the management or operation of a game. Setting up, cleaning up, selling food and drink, or providing security for persons or property at the event does not constitute participation in the management or operation of the game.
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Only bona fide members, volunteers as defined in
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Section 2 of this Act, and employees of the sponsoring organization may participate in the management or operation of the games. A person who participates in the management or operation of the games and who is not a bona fide member, volunteer as defined in Section 2 of this Act, or employee of the sponsoring organization, or who receives remuneration or other compensation either directly or indirectly from any source for participating in the management or operation of the games, or who has participated in the management or operation of more than 4 charitable games events in the calendar year, commits a violation of this Act. In addition, a licensed organization that utilizes any person described in the preceding sentence commits a violation of this Act.
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(3) No person may receive any remuneration or
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compensation either directly or indirectly from any source for participating in the management or operation of the game.
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(4) No single bet at any game may exceed $10.
(5) A bank shall be established on the premises to
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convert currency into chips, scrip, or other form of play money which shall then be used to play at games of chance which the participant chooses. Chips, scrip, or play money must be monogrammed with the logo of the licensed organization or of the supplier. Each participant must be issued a receipt indicating the amount of chips, scrip, or play money purchased.
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(6) At the conclusion of the event or when the
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participant leaves, he may cash in his chips, scrip, or play money in exchange for currency not to exceed $250 or noncash prizes. Each participant shall sign for any receipt of prizes. The licensee shall provide the Department of Revenue with a listing of all prizes awarded.
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(7) Each licensee shall be permitted to conduct
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charitable games on not more than 4 days each year.
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(8) Unless the provider of the premises is a
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municipality, the provider of the premises may not rent or otherwise provide the premises for the conducting of more than 8 charitable games nights per year.
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(9) Charitable games may not be played between the
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hours of 2:00 a.m. and noon.
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(10) No person under the age of 18 years may play or
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participate in the conducting of charitable games. Any person under the age of 18 years may be within the area where charitable games are being played only when accompanied by his parent or guardian.
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(11) No one other than the sponsoring organization
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of charitable games must have a proprietary interest in the game promoted.
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(12) Raffles or other forms of gambling prohibited
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by law shall not be conducted on the premises where charitable games are being conducted.
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(13) Such games are not expressly prohibited by
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county ordinance for charitable games conducted in the unincorporated areas of the county or municipal ordinance for charitable games conducted in the municipality and the ordinance is filed with the Department of Revenue. The Department shall provide each county or municipality with a list of organizations licensed or subsequently authorized by the Department to conduct charitable games in their jurisdiction.
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(14) The sale of tangible personal property at
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charitable games is subject to all State and local taxes and obligations.
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(15) Each licensee may offer or conduct only the
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games listed below, which must be conducted in accordance with rules posted by the organization. The organization sponsoring charitable games shall promulgate rules, and make printed copies available to participants, for the following games: (a) roulette; (b) blackjack; (c) poker; (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; (h) big six; (i) gin rummy; (j) five card stud poker; (k) chuck‑a‑luck; (l) keno; (m) hold‑em poker; and (n) merchandise wheel. A licensee need not offer or conduct every game permitted by law. The conducting of games not listed above is prohibited by this Act.
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(16) No slot machines or coin‑in‑the‑slot‑operated
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devices that allow a participant to play games of chance based upon cards or dice shall be permitted to be used at the location and during the time at which the charitable games are being conducted.
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(17) No cards, dice, wheels, or other equipment may
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be modified or altered so as to give the licensee a greater advantage in winning, other than as provided under the normal rules of play of a particular game.
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(18) No credit shall be extended to any of the
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(19) No person may participate in the management or
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operation of games at more than 4 charitable games events in any calendar year.
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(20) A supplier may have only one representative
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present at the charitable games event, for the exclusive purpose of ensuring that its equipment is not damaged.
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(21) No employee, owner, or officer of a consultant
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service hired by a licensed organization to perform services at the event including, but not limited to, security for persons or property at the event or services before the event including, but not limited to, training for volunteers or advertising may participate in the management or operation of the games.
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(22) Volunteers as defined in Section 2 of this Act
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and bona fide members and employees of a sponsoring organization may not receive remuneration or compensation, either directly or indirectly from any source, for participating in the management or operation of games. They may participate in the management or operation of no more than 4 charitable games events, either of the sponsoring organization or any other licensed organization, during a calendar year.
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Nothing in this Section shall be construed to prohibit a licensee that
conducts charitable games on its own premises from also obtaining a
providers' license in accordance with Section 5.1.
(Source: P.A. 87‑758; 87‑1271; 88‑480; 88‑563, eff. 1‑1‑95; 88‑669, eff.
11‑29‑94; 88‑670, eff. 12‑2‑94.)
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(230 ILCS 30/9) (from Ch. 120, par. 1129)
Sec. 9.
There shall be paid to the Department of Revenue, 3% of the
gross proceeds of charitable games conducted under the provisions
of this Act. Such payments shall be made within 30 days after the
completion of the games. Payment must be by money order or certified
check. Accompanying each payment shall be a report, on forms provided by
the Department of Revenue, listing the games conducted, the gross income
derived and such other information as the Department of Revenue may
require. Failure to submit either the payment or the report within the
specified time may result in suspension or revocation of the license and
may be used in future considerations for renewal of the license.
The provisions of Section 2a of the Retailers' Occupation Tax Act pertaining
to the furnishing of a bond or other security are incorporated by reference
into this Act and are applicable to licensees under this Act as a precondition
of obtaining a license under this Act. For purposes of this Act gross
proceeds shall be defined as all chips, scrip or other form of play money
purchased or any fee or donation for admission or entry into such games.
The Department shall establish by rule the standards and criteria it will
use in determining whether to require the furnishing of a bond or other
security, the amount of such bond or other security, whether to require the
furnishing of an additional bond or other security by a licensee, and the
amount of such additional bond or other security. Such standards and
criteria may include payment history, general financial condition or other
factors which may pose risks to insuring the payment to the Department of
Revenue, of applicable taxes. Such rulemaking is subject to the provisions
of the Illinois Administrative Procedure Act.
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' Occupation
Tax Act, and Section 3‑7 of the Uniform Penalty and Interest Act,
which are not inconsistent with this Act shall apply, as far as
practicable, to the subject matter of this Act to the same extent as if
such provisions were included in this Act. Financial reports filed pursuant
to this Act shall not be confidential and shall be available for public
inspection. For the purposes of this Act, references in such incorporated
Sections of the Retailers' Occupation Tax Act to retailers, sellers or
persons engaged in the business of selling tangible personal property means
persons engaged in conducting charitable games, and references in such
incorporated Sections of the Retailers' Occupation Tax Act to sales of
tangible personal property mean the conducting of charitable games and the
making of charges for playing such games.
All of the sums collected under this Section shall be deposited
into the Illinois Gaming Law Enforcement Fund of the State Treasury.
(Source: P.A. 87‑205; 87‑895 .)
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