SB0712 EngrossedLRB098 04912 AMC 34942 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Video Gaming Act is amended by changing
5Section 45 as follows:
 
6    (230 ILCS 40/45)
7    Sec. 45. Issuance of license.
8    (a) The burden is upon each applicant to demonstrate his
9suitability for licensure. Each video gaming terminal
10manufacturer, distributor, supplier, operator, handler,
11licensed establishment, licensed truck stop establishment,
12licensed fraternal establishment, and licensed veterans
13establishment shall be licensed by the Board. The Board may
14issue or deny a license under this Act to any person pursuant
15to the same criteria set forth in Section 9 of the Riverboat
16Gambling Act.
17    (a-5) The Board shall not grant a license to a person who
18has facilitated, enabled, or participated in the use of
19coin-operated devices for gambling purposes or who is under the
20significant influence or control of such a person. For the
21purposes of this Act, "facilitated, enabled, or participated in
22the use of coin-operated amusement devices for gambling
23purposes" means that the person has been convicted of any

 

 

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1violation of Article 28 of the Criminal Code of 1961 or the
2Criminal Code of 2012. If there is pending legal action against
3a person for any such violation, then the Board shall delay the
4licensure of that person until the legal action is resolved.
5    (b) Each person seeking and possessing a license as a video
6gaming terminal manufacturer, distributor, supplier, operator,
7handler, licensed establishment, licensed truck stop
8establishment, licensed fraternal establishment, or licensed
9veterans establishment shall submit to a background
10investigation conducted by the Board with the assistance of the
11State Police or other law enforcement. To the extent that the
12corporate structure of the applicant allows, the background
13investigation shall include any or all of the following as the
14Board deems appropriate or as provided by rule for each
15category of licensure: (i) each beneficiary of a trust, (ii)
16each partner of a partnership, (iii) each member of a limited
17liability company, (iv) each director and officer of a publicly
18or non-publicly held corporation, (v) each stockholder of a
19non-publicly held corporation, (vi) each stockholder of 5% or
20more of a publicly held corporation, or (vii) each stockholder
21of 5% or more in a parent or subsidiary corporation. In the
22course of conducting background investigations authorized
23under this Section, the Board has the discretion to determine
24whether to conduct a background investigation of a person or
25entity who holds an indirect interest in the person seeking
26licensure who: (1) holds such interest for investment purposes

 

 

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1only; (2) does not exercise any control over the activities of
2the person seeking and possessing a license; and (3) is a
3limited partner in a partnership whose general partner is
4controlled, directly or indirectly, by an investment adviser
5registered under the federal Investment Advisers Act of 1940.
6    (c) Each person seeking and possessing a license as a video
7gaming terminal manufacturer, distributor, supplier, operator,
8handler, licensed establishment, licensed truck stop
9establishment, licensed fraternal establishment, or licensed
10veterans establishment shall disclose the identity of every
11person, association, trust, corporation, or limited liability
12company having a greater than 1% direct or indirect pecuniary
13interest in the video gaming terminal operation for which the
14license is sought. If the disclosed entity is a trust, the
15application shall disclose the names and addresses of the
16beneficiaries; if a corporation, the names and addresses of all
17stockholders and directors; if a limited liability company, the
18names and addresses of all members; or if a partnership, the
19names and addresses of all partners, both general and limited.
20The Board has discretion to determine whether to apply the
21disclosure requirement of this subsection (c) as it relates to
22the beneficiaries, stock holders, directors, members, or
23partners of an entity who holds an indirect interest in a
24person seeking licensure if the entity: (1) holds an interest
25for investment purposes only; (2) does not exercise any control
26over the activities of the person seeking and possessing a

 

 

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1license; and (3) is a limited partner in a partnership whose
2general partner is controlled by an investment adviser
3registered under the federal Investment Advisers Act of 1940.
4    (d) No person may be licensed as a video gaming terminal
5manufacturer, distributor, supplier, operator, handler,
6licensed establishment, licensed truck stop establishment,
7licensed fraternal establishment, or licensed veterans
8establishment if that person has been found by the Board to:
9        (1) have a background, including a criminal record,
10    reputation, habits, social or business associations, or
11    prior activities that pose a threat to the public interests
12    of the State or to the security and integrity of video
13    gaming;
14        (2) create or enhance the dangers of unsuitable,
15    unfair, or illegal practices, methods, and activities in
16    the conduct of video gaming; or
17        (3) present questionable business practices and
18    financial arrangements incidental to the conduct of video
19    gaming activities.
20    (e) Any applicant for any license under this Act has the
21burden of proving his or her qualifications to the satisfaction
22of the Board. The Board may adopt rules to establish additional
23qualifications and requirements to preserve the integrity and
24security of video gaming in this State.
25    (f) A non-refundable application fee shall be paid at the
26time an application for a license is filed with the Board in

 

 

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1the following amounts:
2        (1) Manufacturer..........................$5,000
3        (2) Distributor...........................$5,000
4        (3) Terminal operator.....................$5,000
5        (4) Supplier..............................$2,500
6        (5) Technician..............................$100
7        (6) Terminal Handler..............................$50
8    (g) The Board shall establish an annual fee for each
9license not to exceed the following:
10        (1) Manufacturer.........................$10,000
11        (2) Distributor..........................$10,000
12        (3) Terminal operator.....................$5,000
13        (4) Supplier..............................$2,000
14        (5) Technician..............................$100
15        (6) Licensed establishment, licensed truck stop
16    establishment, licensed fraternal establishment,
17    or licensed veterans establishment..............$100
18        (7) Video gaming terminal...................$100
19        (8) Terminal Handler..............................$50
20    (h) A terminal operator and a licensed establishment,
21licensed truck stop establishment, licensed fraternal
22establishment, or licensed veterans establishment shall
23equally split the fees specified in item (7) of subsection (g).
24(Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13;
2598-587, eff. 8-27-13; revised 9-19-13.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.