TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE D: VIDEO GAMING
CHAPTER I: ILLINOIS GAMING BOARD
PART 1800 VIDEO GAMING (GENERAL)
SECTION 1800.110 DEFINITIONS


 

Section 1800.110  Definitions

 

For purposes of this Part the following terms shall have the following meanings:

 

"Act":  The Video Gaming Act [230 ILCS 40].

 

"Adjusted gross receipts" means the gross receipts less winnings paid to wagerers. The value of expired vouchers shall be included in computing adjusted gross receipts.

 

"Administrator": The chief executive officer responsible for day-to-day operations of the Illinois Gaming Board.

 

"Affiliate":  An "affiliate of", or person "affiliated with", a specified person shall mean a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such person.

 

"Affiliated entity":  An "affiliated entity" of a person is any business entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the person.

 

"Applicant":  A person applying for any license under the Act.

 

"Application":  All material submitted, including the instructions, definitions, forms and other documents issued by the Illinois Gaming Board, comprising the video gaming license application submitted to the Illinois Gaming Board.

 

"Associated video gaming equipment":  Ticket payout systems and validation procedures; wireless, promotional and bonusing systems; kiosks; gaming-related peripherals; hardware, software and systems; and other gaming devices and equipment for compliance with:

 

Illinois laws, regulations and requirements as codified or otherwise set forth; and

 

Board-approved video gaming industry standards.

 

"Attributed interest":  A direct or indirect interest in an enterprise deemed to be held by an individual not through the individual's actual holdings but either through the holdings of the individual's relatives or through a third party or parties on behalf of the individual pursuant to a plan, arrangement, agreement or contract.

 

"Board":  The Illinois Gaming Board.

 

"Business entity" or "Business":  A partnership, incorporated or unincorporated association or group, firm, corporation, limited liability company, partnership for shares, trust, sole proprietorship or other business enterprise.

 

"Chi-square test":  A statistical test used to determine if a relationship between variables exists by comparing expected and observed cell frequencies.  Specifically, a chi-square test examines the observed frequencies in a category and compares them to what would be expected by chance or would be expected if there was no relationship between variables.

 

"Control":  The possession, direct or indirect, of power to direct or cause the direction of the management and policies of an applicant or licensee through the ownership of voting securities, by contract or otherwise.

 

"Convenience store":  A retail store that is open long hours and sells motor fuel and a limited selection of snacks and general goods.

 

"Credit":  One, five, 10 or 25 cents.

 

"Distributor":  An individual, partnership, corporation or limited liability company licensed under the Act to buy, sell, lease or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators.

 

"Enforce a security interest":  To transfer possession of ownership or title pursuant to a security interest.

 

"EPROM":  An acronym for Erasable, Programmable, Read Only Memory, which is a microprocessor component that stores memory and affects payout percentage and/or contains a random number generator that selects the outcome of a game on a video gaming terminal.

 

"Facility-pay" or "facility payment" means a manual payment of currency by an authorized employee of a licensed video gaming location or an authorized employee of a terminal operator for amounts owed to a patron by a video gaming terminal when a video gaming terminal or ticket payout device has malfunctioned and is unable to produce or redeem a ticket.

 

"Fraternal organization":  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 and that is exempt from federal income taxation under section 501(c)(8) or (c)(10) of the Internal Revenue Code (26 USC 501(c)(8) or (c)(10)).

 

"Game":  A gambling activity that is played for money, property or anything of value, including without limitation those played with cards, chips, tokens, vouchers, dice, implements, or electronic, electrical or mechanical devices or machines.

 

"Gaming":  The dealing, operating, carrying on, conducting, maintaining or exposing for play of any game.

 

"Gaming operation":  The conducting of gaming or the providing or servicing of gaming equipment.

 

"Gaming property collateral":  Video gaming equipment subject to a security interest.

 

"Illinois resident":

 

With respect to an individual, an individual who is either:

 

domiciled in Illinois or maintains a bona fide place of abode in Illinois; or

 

is required to file an Illinois tax return during the taxable year.

 

With respect to a corporation, any corporation organized under the laws of this State and any foreign corporation with a certificate of authority to transact business in Illinois.  A foreign corporation not authorized to transact business in this State is a nonresident of this State.

 

With respect to a partnership, a partnership in which any partner is an Illinois resident, or where the partnership has an office and is doing business in Illinois.

 

With respect to an irrevocable trust, a trust where the grantor was an Illinois resident individual at the time the trust became irrevocable.

 

"Institutional investor": 

 

A retirement fund administered by a public agency for the exclusive benefit of federal, state or local public employees;

 

An investment company registered under section 8 of the Investment Company Act of 1940 (15 USC 80a-8);

 

A collective investment trust organized by a bank under Part 9 of the Rules of the Comptroller of the Currency (12 CFR 9.18);

 

A closed end investment trust registered with the United States Securities and Exchange Commission;

 

A chartered or licensed life insurance company or property and casualty insurance company;

 

A federal or state bank;

 

An investment advisor registered under the Investment Advisors Act of 1940 (15 USC 80b-1 through 80b-21); or

 

Such other person as the Illinois Gaming Board may determine for reasons consistent with the Act and this Part.

 

"License":  Authorization granted by the Board permitting a licensee to engage in the defined activities of video gaming.

 

"Licensed establishment":  Any retail establishment licensed under the Act where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises. Licensed establishment does not include a facility operated by an organization licensee, an intertrack wagering licensee, or an intertrack wagering location licensee licensed under the Illinois Horse Racing Act of 1975 [230 ILCS 5] or a riverboat licensed under the Riverboat Gambling Act [230 ILCS 10].

 

"Licensed fraternal establishment":  The location licensed under the Act where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets.

 

"Licensed technician":  An individual who is licensed under the Act to repair, service and maintain video gaming terminals.  A licensed technician is not licensed under the Act to possess or control a video gaming terminal or have access to the inner workings of a video gaming terminal (i.e., the logic area maintained in a separately locked cabinet of the video gaming terminal that houses electronic components that have the potential to significantly influence the operation of the video gaming terminal).

 

"Licensed terminal handler":  A person, including but not limited to an employee or independent contractor working for a manufacturer, distributor, supplier, technician or terminal operator, who is licensed under the Act to possess or control a video gaming terminal or to have access to the inner workings of a video gaming terminal.  A licensed terminal handler does not include an individual, partnership, corporation or limited liability company defined as a manufacturer, distributor, supplier, technician or terminal operator under Section 5 of the Act.

 

"Licensed truck stop establishment":  A facility licensed under the Act that is at least a 3-acre facility with a convenience store, that has separate diesel islands for fueling commercial motor vehicles, that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and that has parking spaces for commercial motor vehicles.  "Commercial motor vehicles" has the same meaning  as defined in Section 18b-101 of the Illinois Vehicle Code [625 ILCS 5/18b-101].  The 10,000 gallon requirement may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month.

 

"Licensed veterans establishment":  The location licensed under the Act where a qualified veterans organization that derives its charter from a national veterans organization regularly meets.

 

"Licensed video gaming location":  A licensed establishment, licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment, all as defined in Section 5 of the Act and this Part.

 

"Liquor license":  A license issued by a governmental body authorizing the holder to sell and offer for sale at retail alcoholic liquor for use or consumption.

 

"Major components or parts":  Components or parts that comprise the inner workings and peripherals of a video gaming terminal, including but not limited to

the device's hardware, software, human interface devices, interface ports, power supply, ticket payout system, bill validator, printer and any component that affects or could affect the result of a game played on the device.

 

"Manufacturer":  An individual, partnership, corporation or limited liability company that is licensed under the Act and that manufactures or assembles video gaming terminals.

 

"Net terminal income":  Money put into a video gaming terminal minus credits paid out to players.

 

"Nominee":  Any individual or business entity that holds as owner of record the legal title to tangible or intangible personal or real property, including without limitation any stock, bond, debenture, note, investment contract or real estate on

behalf of another individual or business entity, and as such is designated and authorized to act on his, her or its behalf with respect to the property.

 

"Ownership interest":  Includes, but is not limited to, direct, indirect, beneficial or attributed interest, or holder of stock options, convertible debt, warrants or stock appreciation rights, or holder of any beneficial ownership or leasehold interest in a business entity.

 

"Payout device": A device, approved by the Board and provided by a supplier or distributor, that redeems for cash tickets dispensed by a video gaming terminal in exchange for credits accumulated on a video gaming terminal.

 

"Person":  Includes both individuals and business entities.

 

"Person with significant interest or control":  Any of the following:

 

Each person in whose name the liquor license is maintained for each licensed video gaming location;

 

Each person who, in the opinion of the Administrator, has the ability to influence or control the activities of the applicant or licensee, or elect a majority of its board of directors, other than a bank or licensed lending institution that holds a mortgage or other lien, or any other source of funds, acquired in the ordinary course of business;

 

Persons having the power to exercise significant influence or control over decisions concerning any part of the applicant's or licensee's video gaming operation;

 

Each person who receives any net terminal income pursuant to a contractual agreement;

 

Any business entity that holds an option agreement to acquire an equity stake in a terminal operator licensee.

 

"Place of worship under the Religious Corporation Act":  A structure belonging to, or operated by, a church, congregation or society formed for the purpose of religious worship and eligible for incorporation under the Religious Corporation Act [805 ILCS 110], provided that the structure is used primarily for purposes of religious worship and related activities.

 

"Problem gambling":  "A repetitive set of gaming behaviors that negatively impacts someone's life.

 

"Redemption period":  The one-year period, starting on the date of issuance, during which a ticket dispensed by a video gaming terminal may be redeemed for cash.

 

"Responsible gaming" means all of the following:

 

Policies for reducing harms related to gaming;

 

Providing a transparent and fair game;

 

Playing within time and money limits; and

 

Gaming for entertainment and fun.

 

"Secured party":  A person who is a lender, seller or other person who holds a valid security interest.

 

"Security":  An ownership right or creditor relationship.

 

"Security agreement":  An agreement that creates or provides a security interest, including but not limited to a use agreement.

 

"Security interest":  An interest in property that secures the payment or performance of an obligation or judgment.

 

"Sole proprietor":  An individual who in his or her own name owns 100% of the assets and who is solely liable for the debts of a business.

 

"Substantial interest":  With respect to a partnership, a corporation, an organization, an association, a business or a limited liability company means:

 

When, with respect to a sole proprietorship, an individual or his or her spouse owns, operates, manages, or conducts, directly or indirectly, the organization, association or business, or any part thereof; or

 

When, with respect to a partnership, the individual or his or her spouse shares in any of the profits, or potential profits, of the partnership activities; or

 

When, with respect to a corporation, an individual or his or her spouse is an officer or director or the individual or his or her spouse is a holder, directly or beneficially, of 5% or more of any class of stock of the corporation; or

 

When, with respect to a limited liability company, an individual or his or her spouse is a member, or the individual or his or her spouse is a holder, directly or beneficially, of 5% or more of the membership interest of the limited liability company; or

 

When, with respect to any other organization not covered in the preceding four paragraphs, an individual or his or her spouse is an officer or manages the business affairs, or the individual or his or her spouse is the owner of, or otherwise controls, 10% or more of the assets of the organization; or

 

When an individual or his or her spouse furnishes 5% or more of the capital, whether in cash, goods or services, for the operation of any business, association or organization during any calendar year.

 

For purposes of this definition, "individual" includes all individuals or their spouses whose combined interest would qualify as a substantial interest under this definition and whose activities with respect to an organization, association, or business are so closely aligned or coordinated as to constitute the activities of a single entity.   

 

"Supplier":  An individual, partnership, corporation or limited liability company that is licensed under the Act to supply major components or parts to video gaming terminals to licensed terminal operators.

 

"Terminal operator":  An individual, partnership, corporation or limited liability company that is licensed under the Act that owns, services, and maintains video gaming terminals for placement in licensed establishments, licensed truck stop establishments, licensed fraternal establishments or licensed veterans establishments.

 

"Use agreement":  A contractual agreement between a licensed terminal operator and a licensed video gaming location establishing terms and conditions for placement and operation of video gaming terminals by the licensed terminal operator within the premises of the licensed video gaming location, and complying with all of the minimum standards for use agreements contained in Section 1800.320.

 

"Veterans organization":  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 and that is exempt from federal income taxation under section 501(c)(19) of the Internal Revenue Code (26 USC 501(c)(19)).

 

"Video gaming equipment":  Video gaming terminals, associated video gaming equipment and major components or parts.

 

"Video gaming manager":  An employee or owner or designated representative of a licensed video gaming location who manages, oversees or is responsible for video gaming operations at the location, and coordinates the video gaming operations with a terminal operator or the central communications system vendor.

 

"Video gaming operation":  As the context requires, the conducting of video gaming and all related activities.

 

"Video gaming terminal":  Any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, line up and blackjack, as authorized by the Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash.  The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only.

 

(Source:  Amended at 42 Ill. Reg. 3126, effective February 2, 2018)