093_SB0328

 
                                     LRB093 08239 LRD 08451 b

 1        AN ACT concerning gambling.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Riverboat  Gambling  Act is amended by
 5    changing Section 7 as follows:

 6        (230 ILCS 10/7) (from Ch. 120, par. 2407)
 7        Sec. 7.  Owners Licenses.
 8        (a)  The Board shall issue owners  licenses  to  persons,
 9    firms  or  corporations  which  apply  for such licenses upon
10    payment to the Board of the non-refundable license fee set by
11    the Board, upon payment of a  $25,000  license  fee  for  the
12    first  year  of  operation  and a $5,000 license fee for each
13    succeeding year and upon a determination by  the  Board  that
14    the  applicant is eligible for an owners  license pursuant to
15    this Act and the rules of  the  Board.   A  person,  firm  or
16    corporation is ineligible to receive an owners license if:
17             (1)  the person has been convicted of a felony under
18        the  laws  of  this State, any other state, or the United
19        States;
20             (2)  the person has been convicted of any  violation
21        of   Article   28  of  the  Criminal  Code  of  1961,  or
22        substantially similar laws of any other jurisdiction;
23             (3)  the person has submitted an application  for  a
24        license under this Act which contains false information;
25             (4)  the person is a member of the Board;
26             (5)  a  person defined in (1), (2), (3) or (4) is an
27        officer, director or managerial employee of the  firm  or
28        corporation;
29             (6)  the   firm  or  corporation  employs  a  person
30        defined in (1), (2), (3) or (4) who participates  in  the
31        management or operation of gambling operations authorized
 
                            -2-      LRB093 08239 LRD 08451 b
 1        under this Act;
 2             (7)  (blank); or
 3             (8)  a  license  of  the person, firm or corporation
 4        issued under this Act, or a license  to  own  or  operate
 5        gambling  facilities  in any other jurisdiction, has been
 6        revoked.
 7        (b)  In determining whether to grant an owners license to
 8    an applicant, the Board shall consider:
 9             (1)  the  character,  reputation,  experience    and
10        financial integrity of the applicants and of any other or
11        separate person that either:
12                  (A)  controls,  directly  or  indirectly,  such
13             applicant, or
14                  (B)  is  controlled, directly or indirectly, by
15             such  applicant  or  by  a  person  which  controls,
16             directly or indirectly, such applicant;
17             (2)  the facilities or proposed facilities  for  the
18        conduct of riverboat gambling;
19             (3)  the  highest  prospective  total  revenue to be
20        derived by  the  State  from  the  conduct  of  riverboat
21        gambling;
22             (4)  the  good faith affirmative action plan of each
23        applicant to recruit, train and upgrade minorities in all
24        employment classifications;
25             (5)  the  financial  ability  of  the  applicant  to
26        purchase and maintain  adequate  liability  and  casualty
27        insurance;
28             (6)  whether     the    applicant    has    adequate
29        capitalization to provide and maintain, for the  duration
30        of a license, a riverboat; and
31             (7)  the  extent  to  which the applicant exceeds or
32        meets other standards  for  the  issuance  of  an  owners
33        license which the Board may adopt by rule.
34        (c)  Each  owners  license  shall specify the place where
 
                            -3-      LRB093 08239 LRD 08451 b
 1    riverboats shall operate and dock.
 2        (d)  Each applicant shall submit with his application, on
 3    forms provided by the Board, 2 sets of his fingerprints.
 4        (e)  The Board may issue up to  10  licenses  authorizing
 5    the  holders  of  such  licenses  to  own riverboats.  In the
 6    application for an owners license, the applicant shall  state
 7    the  dock  at  which  the riverboat is based and the water on
 8    which the riverboat will be located.  The Board shall issue 5
 9    licenses to become effective  not  earlier  than  January  1,
10    1991.   Three  of  such  licenses  shall  authorize riverboat
11    gambling  on  the  Mississippi  River,  one  of  which  shall
12    authorize riverboat gambling from a home dock in the city  of
13    East  St.  Louis,  and one of which shall authorize riverboat
14    gambling on the Mississippi River or in a  municipality  that
15    (1)  borders on the Mississippi River or is within 5 miles of
16    the city  limits  of  a  municipality  that  borders  on  the
17    Mississippi  River  and  (2)  on  the  effective date of this
18    amendatory Act of the 92nd General Assembly has  a  riverboat
19    conducting   riverboat  gambling  operations  pursuant  to  a
20    license issued under this  Act.    One  other  license  shall
21    authorize  riverboat  gambling on the Illinois River south of
22    Marshall  County.   The  Board  shall  issue  one  additional
23    license to become effective not earlier than March  1,  1992,
24    which  shall  authorize riverboat gambling on the Des Plaines
25    River in Will County.   The  Board  may  issue  4  additional
26    licenses  to become effective not earlier than March 1, 1992.
27    In determining the water upon which riverboats will  operate,
28    the Board shall consider the economic benefit which riverboat
29    gambling  confers on the State, and shall seek to assure that
30    all regions of the State share in the  economic  benefits  of
31    riverboat gambling.
32        In  granting  all  licenses, the Board may give favorable
33    consideration to economically depressed areas of  the  State,
34    to  applicants presenting plans which provide for significant
 
                            -4-      LRB093 08239 LRD 08451 b
 1    economic development over a large  geographic  area,  and  to
 2    applicants  who  currently operate non-gambling riverboats in
 3    Illinois.  The Board shall review all applications for owners
 4    licenses, and shall inform  each  applicant  of  the  Board's
 5    decision.
 6        The  Board  may  revoke  the owners license of a licensee
 7    which fails to begin conducting gambling within 15 months  of
 8    receipt  of  the  Board's  approval of the application if the
 9    Board determines that  license  revocation  is  in  the  best
10    interests of the State.
11        If  a license has been inactive, as defined by the Board,
12    for a period of 48 months or longer,  the  license  shall  be
13    declared   dormant.   The  Board  shall  revoke  all  dormant
14    licenses.
15        (f)  The first 10 owners licenses issued under  this  Act
16    shall  permit  the  holder  to  own  up  to  2 riverboats and
17    equipment thereon for a period of 3 years after the effective
18    date of the license. Holders of the first 10 owners  licenses
19    must  pay  the  annual  license  fee  for each of the 3 years
20    during which they are authorized to own riverboats.
21        (g)  Upon the termination, expiration, or  revocation  of
22    each  of the first 10 licenses, which shall be issued for a 3
23    year period, all licenses are renewable annually upon payment
24    of the fee and a determination by the Board that the licensee
25    continues to meet all of the requirements of this Act and the
26    Board's rules.  However, for licenses renewed on or after May
27    1, 1998, renewal shall be for a period of 4 years, unless the
28    Board sets a shorter period.
29        (h)  An owners license shall entitle the licensee to  own
30    up  to  2  riverboats.   A licensee shall limit the number of
31    gambling participants to 1,200 for any such owners license. A
32    licensee may operate both  of  its  riverboats  concurrently,
33    provided  that  the  total number of gambling participants on
34    both riverboats does not exceed 1,200. Riverboats licensed to
 
                            -5-      LRB093 08239 LRD 08451 b
 1    operate on the Mississippi River and the Illinois River south
 2    of Marshall County shall have an authorized  capacity  of  at
 3    least  500  persons.  Any other riverboat licensed under this
 4    Act shall  have  an  authorized  capacity  of  at  least  400
 5    persons.
 6        (i)  A licensed owner is authorized to apply to the Board
 7    for  and,  if approved therefor, to receive all licenses from
 8    the  Board  necessary  for  the  operation  of  a  riverboat,
 9    including a liquor license, a license to  prepare  and  serve
10    food  for  human  consumption,  and other necessary licenses.
11    All use, occupation and excise taxes which apply to the  sale
12    of  food and beverages in this State and all taxes imposed on
13    the sale or use of tangible personal property apply  to  such
14    sales aboard the riverboat.
15        (j)  The   Board   may  issue  a  license  authorizing  a
16    riverboat to dock in a municipality or approve  a  relocation
17    under  Section  11.2  only  if,  prior to the issuance of the
18    license or approval, the governing body of  the  municipality
19    in  which  the  riverboat  will  dock  has by a majority vote
20    approved the docking of riverboats in the municipality.   The
21    Board  may issue a license authorizing a riverboat to dock in
22    areas of a county  outside  any  municipality  or  approve  a
23    relocation  under Section 11.2 only if, prior to the issuance
24    of the license or approval, the governing body of the  county
25    has  by a majority vote approved of the docking of riverboats
26    within such areas.
27    (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)