093_HB3865
LRB093 13358 LRD 18873 b
1 AN ACT in relation to gaming.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Bingo License and Tax Act is amended by
5 changing Section 1 as follows:
6 (230 ILCS 25/1) (from Ch. 120, par. 1101)
7 Sec. 1. The Department of Revenue shall, upon
8 application therefor on forms prescribed by such Department,
9 and upon the payment of an annual fee of $200 or a triennial
10 fee of $600, and upon a determination by the Department that
11 the applicant meets all of the qualifications specified in
12 this Section, issue a license for the conducting of bingo to
13 any bona fide religious, charitable, labor, fraternal, youth
14 athletic, senior citizen, educational or veterans'
15 organization organized in Illinois which operates without
16 profit to its members, which has been in existence in
17 Illinois continuously for a period of 5 years immediately
18 before making application for a license and which has had
19 during that entire 5 year period a bona fide membership
20 engaged in carrying out its objects. However, the 5 year
21 requirement shall be reduced to 2 years, as applied to a
22 local organization which is affiliated with and chartered by
23 a national organization which meets the 5 year requirement.
24 Each annual license expires at midnight, June 30 following
25 its date of issuance, except that, beginning with applicants
26 whose licenses expire on June 30, 1983, the Department shall
27 stagger license expiration dates by dividing the applicants
28 into 4 groups which are substantially equal in number.
29 Licenses issued and license fees charged to applicants in
30 each group shall be in accordance with the following
31 schedule:
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1 Group No. License Expiration Date Fee
2 1 December 31, 1983 $100
3 2 March 31, 1984 $150
4 3 June 30, 1984 $200
5 4 September 30, 1984 $250
6 Following expiration under this schedule, each renewed
7 license shall be in effect for one year from its date of
8 issuance unless suspended or revoked by Department action
9 before that date. After June 30, 1983, every new annual
10 license shall expire one year from the date of issuance
11 unless suspended or revoked and every new triennial license
12 issued or renewed on or after July 1, 2004 shall be in effect
13 for 3 years from its date of issuance unless suspended or
14 revoked by Department action before that date. A licensee may
15 hold only one license and that license is valid for only one
16 location.
17 For purposes of this Act, the following definitions
18 apply: "Organization": A corporation, agency, partnership,
19 association, firm or other entity consisting of 2 or more
20 persons joined by a common interest or purpose. "Non-profit
21 organization": An organization or institution organized and
22 conducted on a not-for-profit basis with no personal profit
23 inuring to any one as a result of the operation. "Charitable
24 organization": An organization or institution organized and
25 operated to benefit an indefinite number of the public.
26 "Educational organization": An organization or institution
27 organized and operated to provide systematic instruction in
28 useful branches of learning by methods common to schools and
29 institutions of learning which compare favorably in their
30 scope and intensity with the course of study presented in
31 tax-supported schools. "Religious organization": Any church,
32 congregation, society, or organization founded for the
33 purpose of religious worship. "Fraternal organization": An
34 organization of persons, including but not limited to ethnic
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1 organizations, having a common interest, organized and
2 operated exclusively to promote the welfare of its members
3 and to benefit the general public on a continuing and
4 consistent basis. "Veterans organization": An organization
5 comprised of members of which substantially all are
6 individuals who are veterans or spouses, widows, or widowers
7 of veterans, the primary purpose of which is to promote the
8 welfare of its members and to provide assistance to the
9 general public in such a way as to confer a public benefit.
10 "Labor organization": An organization composed of labor
11 unions or workers organized with the objective of betterment
12 of the conditions of those engaged in such pursuit and the
13 development of a higher degree of efficiency in their
14 respective occupations. "Youth athletic organization": An
15 organization having as its exclusive purpose the promotion
16 and provision of athletic activities for youth aged 18 and
17 under. "Senior citizens organization": An organization or
18 association comprised of members of which substantially all
19 are individuals who are senior citizens, as defined in
20 Section 3.05 of the Illinois Act on the Aging, the primary
21 purpose of which is to promote the welfare of its members.
22 Licensing for the conducting of bingo is subject to the
23 following restrictions:
24 (1) The license application, when submitted to the
25 Department of Revenue, must contain a sworn statement
26 attesting to the not-for-profit character of the
27 prospective licensee organization, signed by the
28 presiding officer and the secretary of that organization.
29 (2) The application for license shall be prepared
30 in accordance with the rules of the Department of
31 Revenue.
32 (3) Each license shall state which day of the week
33 and at what location the licensee is permitted to conduct
34 bingo. The Department may, on special application made
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1 by any organization having a bingo license, issue a
2 special operator's permit for conducting bingo at other
3 premises and on other days not exceeding 7 consecutive
4 days, except that a licensee may conduct bingo at the
5 Illinois State Fair or any county fair held in Illinois
6 during each day that the fair is in effect; such bingo
7 games conducted at the Illinois State Fair or a county
8 fair shall not require a special operator's permit. No
9 more than 2 special operator's permits may be issued in
10 one year to any one organization. Any organization,
11 qualified for a license but not holding one, upon
12 application and payment of a $50 fee may receive a
13 limited license to conduct bingo at no more than 2 indoor
14 or outdoor festivals in a year for a maximum of 5 days on
15 each occasion or, upon application and payment of a $150
16 fee, may receive a limited license to conduct bingo at no
17 more than 2 indoor or outdoor festivals in a year for up
18 to 3 years for a maximum of 5 days on each occasion.
19 Such limited license shall be prominently displayed at
20 the site of the bingo games.
21 (4) The licensee shall display a license in a
22 prominent place in the area where it is to conduct bingo.
23 (5) The proceeds from the license fee imposed by
24 this Act shall be paid into the General Revenue Fund of
25 the State Treasury.
26 (6) A license authorizes the licensee to conduct
27 the game commonly known as bingo, in which prizes are
28 awarded on the basis of designated numbers or symbols on
29 a card conforming to numbers or symbols selected at
30 random.
31 (7) The Director has the power to issue or to
32 refuse to issue a license permitting a person, firm or
33 corporation to provide premises for the conduct of bingo;
34 provided, however, that a municipality shall not be
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1 required to obtain a license to provide such premises.
2 The fee for such providers' license is $200. A person,
3 firm or corporation holding such a license may receive
4 reasonable expenses for providing premises for conducting
5 bingo. Reasonable expenses shall include only those
6 expenses defined as reasonable by rules promulgated by
7 the Department.
8 (8) The Department may issue restricted licenses to
9 senior citizens organizations. The fee for a restricted
10 license is $10 per year or $30 for 3 years. Restricted
11 licenses shall be subject to the following conditions:
12 (A) Bingo shall be conducted only at a
13 facility which is owned by a unit of local
14 government to which the corporate authorities have
15 given their approval and which is used to provide
16 social services or a meeting place to senior
17 citizens, or in common areas in multi-unit federally
18 assisted rental housing maintained solely for the
19 elderly and handicapped;
20 (B) The price paid for a single card shall not
21 exceed 5 cents;
22 (C) The aggregate retail value of all prizes
23 or merchandise awarded in any one game of bingo
24 shall not exceed $1;
25 (D) No person or organization shall
26 participate in the management or operation of bingo
27 under a restricted license if the person or
28 organization would be ineligible for a license under
29 this Section;
30 (E) No license is required to provide premises
31 for bingo conducted under a restricted license; and
32 (F) The Department may, by rule, exempt
33 restricted licensees from such requirements of this
34 Act as the Department may deem appropriate.
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1 The Director has the power to issue a license permitting
2 an Illinois person, firm or corporation to sell, lease or
3 distribute to any organization licensed to conduct bingo
4 games or to any licensed bingo supplier all cards, boards,
5 sheets, markers, pads and all other supplies, devices and
6 equipment designed for use in the play of bingo. No person,
7 firm or corporation shall sell, lease or distribute bingo
8 supplies or equipment without having first obtained a license
9 therefor upon written application made, verified and filed
10 with the Department in the form prescribed by the rules and
11 regulations of the Department. The fee for such license is
12 $200.
13 Applications for providers' and suppliers' licenses shall
14 be made in writing in accordance with Department rules. Each
15 providers' or suppliers' license is valid for one year from
16 date of issuance, unless suspended or revoked by Department
17 action before that date.
18 The following are ineligible for any license under this
19 Act:
20 (a) any person who has been convicted of a felony;
21 (b) any person who has been convicted of a
22 violation of Article 28 of the "Criminal Code of 1961";
23 (c) any person found gambling, participating in
24 gambling or knowingly permitting gambling on premises
25 where bingo is being conducted;
26 (d) any firm or corporation in which a person
27 defined in (a), (b) or (c) has a proprietary, equitable
28 or credit interest, or in which such person is active or
29 employed;
30 (e) any organization in which a person defined in
31 (a), (b) or (c) is an officer, director, or employee,
32 whether compensated or not;
33 (f) any organization in which a person defined in
34 (a), (b) or (c) is to participate in the management or
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1 operation of a bingo game.
2 (Source: P.A. 87-758.)
3 Section 99. Effective date. This Act takes effect July
4 1, 2004.