2005 Illinois Code - Chapter 230 Gaming 230 ILCS 20/ Illinois Pull Tabs and Jar Games Act.
(230 ILCS 20/1) (from Ch. 120, par. 1051)
Sec. 1.
This Act shall be known and may be cited as the Illinois Pull Tabs and Jar Games Act.
(Source: P.A. 85‑1012.)
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(230 ILCS 20/1.1) (from Ch. 120, par. 1051.1)
Sec. 1.1.
Definitions.
As used in this Act:
"Pull tabs" and "jar games" means a game
using single‑folded or banded tickets or a card, the face of which is
initially covered or otherwise hidden from view in order to conceal a number,
symbol or set of symbols, some of which are winners. Players with winning
tickets receive a prize stated on a promotional display or "flare". Pull
tabs also means a game in which prizes are won by pulling a tab from a
board thereby revealing a number which corresponds to the number for a given
prize.
Each winning pull tab or slip shall be predetermined. The right to
participate in such games shall not
cost more than $2. No single prize shall
exceed $500. There shall be no more than 6,000
tickets in a game.
"Pull tabs and jar games", as used in this Act, does not include the
following: numbers, policy, bolita or similar games, dice, slot machines,
bookmaking and wagering pools with respect to a sporting event, or that
game commonly known as punch boards, or any other game or activity not
expressly defined in this Section.
"Organization" means a corporation, agency, partnership, association,
firm or other entity consisting of 2 or more persons joined by a common
interest or purpose.
"Non‑profit organization" means an 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.
"Charitable organization" means an organization or institution organized
and operated to benefit an indefinite number of the public.
"Educational organization" means an organization or institution organized
and operated to provide systematic instruction in useful branches of
learning by methods common to schools and institutions of learning which
compare favorably in their scope and intensity with the course of study
presented in tax‑supported schools.
"Religious organization" means any church, congregation, society, or
organization founded for the purpose of religious worship.
"Fraternal organization" means an organization of persons, including but
not limited to ethnic organizations, having a common interest, organized
and operated exclusively to promote the welfare of its members and to
benefit the general public on a continuing and consistent basis.
"Veterans' organization" means 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" means 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.
"Youth athletic organization" means an organization having as its
exclusive purpose the promotion and provision of athletic activities for
youth aged 18 and under.
"Senior citizens organization" means an organization or association
comprised of members of which substantially all are individuals who are
senior citizens, as defined in the Illinois Act on the Aging, the primary
purpose of which is to promote the welfare of its members.
(Source: P.A. 90‑536, eff. 1‑1‑98.)
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(230 ILCS 20/2) (from Ch. 120, par. 1052)
Sec. 2.
The Department of Revenue shall, upon application therefor on
forms prescribed by the Department, and upon the payment of an annual fee of
$500, and upon determination that the applicant meets all the requirements
of this Act, issue a license to conduct pull tabs and jar games to
any of the following:
(i) Any local fraternal mutual benefit organization |
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chartered at least 40 years before it applies for a license under this Act.
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(ii) Any bona fide religious, charitable, labor,
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fraternal, youth athletic, senior citizen, educational or veterans' organization organized in Illinois which operates without profit to its members, which has been in existence in Illinois continuously for a period of 5 years immediately before making application for a license and which has had during that entire 5 year period a bona fide membership engaged in carrying out its objects. However, the 5 year requirement shall be reduced to 2 years, as applied to a local organization which is affiliated with and chartered by a national organization which meets the 5 year requirement.
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Each license expires at midnight, June 30, following its date of
issuance, except that, beginning with applicants whose licenses expire on
June 30, 1990, the Department shall stagger license expiration dates by
dividing the applicants into 4 groups which are substantially equal in
number. Licenses issued and license fees charged to applicants in each
group shall be in accordance with the following schedule:
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Group No. | License Expiration Date | Fee | 1 | December 31, 1990 | $250 | 2 | March 31, 1991 | $375 | 3 | June 30, 1991 | $500 | 4 | September 30, 1991 | $625 |
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Following expiration under this schedule, each renewed license shall be
in effect for one year from its date of issuance unless suspended or
revoked by Department action before that date. After June 30, 1990, every
new license shall expire one year from the date of issuance unless suspended
or revoked. A licensee may hold only one license and that license is valid for
only one location.
The following are ineligible for any license under this Act:
(a) any person who has been convicted of a felony within 10 years of the
date of the application;
(b) any person who has been convicted of a violation of Article 28 of
the "Criminal Code of 1961";
(c) any person who has had a pull tabs and jar games, bingo or
charitable games license revoked by the Department;
(d) any person who is or has been a professional gambler;
(e) any firm or corporation in which a person defined in (a), (b), (c)
or (d) has any proprietary, equitable or credit interest, or in which such
person is active or employed;
(f) any organization in which a person defined in (a), (b), (c) or (d)
is an officer, director, or employee, whether compensated or not;
(g) any organization in which a person defined in (a), (b), (c) or (d)
is to participate in the management or operation of pull tabs and jar games.
The Department of State Police shall provide the criminal background of
any supplier as requested by the Department of Revenue.
(Source: P.A. 86‑703; 87‑1271.)
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(230 ILCS 20/3) (from Ch. 120, par. 1053)
Sec. 3.
Licensing for the conducting of pull tabs and jar games is
subject to the following restrictions:
(1) The license application, when submitted to the Department of Revenue,
shall contain a sworn statement attesting to the not‑for‑profit character
of the prospective licensee organization and shall be signed by the
presiding officer and the secretary of that organization.
(2) The license application shall be prepared in accordance with the
rules of the Department of Revenue.
(3) The licensee shall prominently display the license in the area where
the licensee conducts pull tabs and jar games.
(4) Each license shall state the location at which the licensee is
permitted to conduct pull tabs and jar games. The Department
may, on special application made by a licensed organization, issue a
special permit to conduct a single pull tabs or jar games event at another
location. A special
permit shall be displayed at the site of any pull tabs or jar games
authorized by such permit.
(5) Any organization qualified for a license but not holding one, may
upon application and payment of a fee of $50 receive a special permit to
conduct pull tabs or jar games at no more than 2 indoor or outdoor
festivals in a year for a maximum of 5 days on each occasion. No more than 2
permits
under this subsection may be issued to any organization in any year.
(Source: P.A. 86‑703.)
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(230 ILCS 20/4) (from Ch. 120, par. 1054)
Sec. 4.
The conducting of pull tabs and jar games is subject to the
following restrictions:
(1) The entire net proceeds of any pull tabs or jar games, except as
otherwise approved in this Act, must be exclusively devoted to the lawful
purposes of the organization permitted to conduct such drawings.
(2) No person except a bona fide member or employee of the sponsoring
organization may participate in the management or operation of such pull
tabs or jar games; however, nothing herein shall conflict with pull tabs
and jar games conducted under the provisions of the Charitable Games Act.
(3) No person may receive any remuneration or profit for participating
in the management or operation of such pull tabs or jar games; however,
nothing herein shall conflict with pull tabs and jar games conducted under
the provisions of the Charitable Games Act.
(4) The price paid for a single chance or right to participate in a game
licensed under this Act shall not exceed $2. The aggregate value of
all
prizes or merchandise awarded in any single day of pull tabs and jar games
shall not exceed $5,000, except that in adjoining counties
having 200,000
to 275,000 inhabitants each, and in counties which are adjacent to either
of such adjoining counties and are adjacent to total of not more than 2
counties in this State, the value of all prizes or merchandise awarded may
not exceed $5,000 in a single day.
(5) No person under the age of 18 years shall play or participate in
games under this Act. A person under the age of 18 years may be within the
area where pull tabs and jar games are being conducted only when
accompanied by his parent or guardian.
(6) Pull tabs and jar games shall be conducted only on premises owned or
occupied by licensed organizations and used by its members for general
activities, or on premises owned or rented for conducting the game of
bingo, or as permitted in subsection (4) of Section 3.
(Source: P.A. 90‑536, eff. 1‑1‑98; 90‑808, eff. 12‑1‑98.)
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(230 ILCS 20/5) (from Ch. 120, par. 1055)
Sec. 5.
There shall be paid to the Department of Revenue 5% of the
gross proceeds of any pull tabs and jar games conducted
under this Act. Such payments shall be made 4 times per year, between the
first and the 20th day of April, July, October and January. Payment must
be made by money order or certified check. Accompanying each payment shall
be a report, on forms provided by the Department of Revenue, listing the
number of drawings conducted, the gross income derived therefrom and such
other information as the Department of Revenue may require. Failure to
submit either the payment or the report within the specified time shall
result in automatic revocation of the license. All payments made to the
Department of Revenue under this Act shall be deposited as follows:
(a) 50% shall be deposited in the Common School Fund; and
(b) 50% shall be deposited in the Illinois Gaming Law Enforcement Fund.
Of the monies deposited in the Illinois Gaming Law Enforcement Fund under
this Section, the General Assembly shall appropriate two‑thirds to the
Department of Revenue, Department of State Police and the Office of the
Attorney General for State law enforcement purposes, and one‑third shall be
appropriated to the Department of Revenue for the purpose of distribution
in the form of grants to counties or municipalities for law enforcement
purposes. The amounts of grants to counties or municipalities shall bear
the same ratio as the number of licenses issued in counties or
municipalities bears to the total number of licenses issued in the State.
In computing the number of licenses issued in a county, licenses issued for
locations within a municipality's boundaries shall be excluded.
The Department of Revenue shall license suppliers and manufacturers of
pull tabs and jar games at an annual fee of $5,000. Suppliers and
manufacturers shall meet the requirements and qualifications established by
rule by the Department. Licensed manufacturers shall sell pull tabs and
jar games only to licensed suppliers. Licensed suppliers shall buy pull
tabs and jar games only from licensed manufacturers and shall sell pull
tabs and jar games only to licensed organizations. Licensed organizations
shall buy pull tabs and jar games only from licensed suppliers.
The Department of Revenue shall adopt by rule minimum quality production
standards for pull tabs and jar games. In determining such standards, the
Department shall consider the standards adopted by the National Association
of Gambling Regulatory Agencies and the National Association of Fundraising
Ticket Manufacturers. Such standards shall include the name of the supplier
which shall appear in plain view to the casual observer on the face side of
each pull tab ticket and on each jar game ticket. The pull tab
ticket shall contain the name of the game, the selling price of the ticket,
the amount of the prize and the serial number of the ticket. The back side
of a pull tab ticket shall contain a series of perforated tabs marked "open
here". The logo of the manufacturer shall be clearly
visible on each jar game ticket.
The Department of Revenue shall adopt rules necessary to provide for the
proper accounting and control of activities under this Act, to ensure that
the proper taxes are paid, that the proceeds from the activities under this
Act are used lawfully, and to prevent illegal activity associated with the
use of pull tabs and jar games.
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. The provisions of Sections 4, 5,
5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 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. 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 pull tabs and jar games and references in such
incorporated Sections of the Retailers' Occupation Tax Act to sales of
tangible personal property mean the conducting of pull tabs and jar games
and the making of charges for participating in such drawings.
(Source: P.A. 87‑205; 87‑895.)
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(230 ILCS 20/6) (from Ch. 120, par. 1056)
Sec. 6.
Each licensee must keep a record of pull tabs and jar
games conducted within the previous 3 years in accordance with rules
therefor adopted by the Department of Revenue. Such record shall be available for
inspection by any employee of the Department of Revenue during reasonable
business hours. The Department of Revenue may, at its discretion, revoke
any license if it finds that the licensee or any person connected therewith
has violated or is violating this Act or that such drawings are or have
been conducted by a person or persons of questionable character or affiliation.
No licensee under this Act, while pull tabs and jar games chances are being
conducted, shall knowingly permit entry to any part of the licensed premises
to any person
who has been convicted
of a felony or a violation of Article 28 of the Criminal Code of 1961.
(Source: P.A. 85‑1012.)
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(230 ILCS 20/7) (from Ch. 120, par. 1057)
Sec. 7.
Any person who violates this Act, or any person
who files a fraudulent return under this Act, or any person who wilfully
violates any rule or regulation of the Department for the administration
and enforcement of this Act, or any officer or agent of a corporation licensed
under this Act who signs a fraudulent return filed on behalf of such corporation,
is guilty of a Class A misdemeanor.
(Source: P.A. 85‑1012.)
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