(230 ILCS 30/2)
(from Ch. 120, par. 1122)
For purposes of this Act, the following definitions
"Charitable games" means the 14 games of chance involving cards, dice, wheels, random selection of numbers, and gambling tickets which may be conducted at charitable games events listed as follows: roulette, blackjack, poker, pull tabs, craps, bang, beat the dealer, big six, gin rummy, five card stud poker, chuck-a-luck, keno, hold-em poker, and merchandise wheel.
"Charitable games event" or "event" means the type of fundraising event authorized by the Act at which participants pay to play charitable games for the chance of winning cash or noncash prizes.
"Charitable organization" means an organization or institution organized and operated to benefit an indefinite number of the public.
"Chips" means scrip, play money, poker or casino chips, or any other representations of money, used to make wagers on the outcome of any charitable game.
"Department" means the Department of Revenue.
"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.
"Fraternal organization" means an organization of persons having a common interest that is organized and operated exclusively to promote the welfare of its members and to benefit the general public on a continuing and consistent basis, including but not limited to ethnic organizations.
"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.
"Licensed organization" means a qualified organization that has obtained a license to conduct a charitable games event in conformance with the provisions of this Act.
"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.
"Organization" means a corporation, agency, partnership,
association, firm, business, or other entity consisting of 2 or more persons joined by
a common interest or purpose.
"Person" means any natural individual, corporation, partnership, limited
liability company, organization as defined in this
Section, qualified organization, licensed organization, licensee under this Act, or volunteer.
"Premises" means a distinct parcel of land and the buildings thereon.
"Provider" means the person or organization owning, leasing, or controlling premises upon which any charitable games event is to be conducted.
"Qualified organization" means:
(a) a charitable, religious, fraternal, veterans,
labor, educational organization, or other institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation and which is exempt from federal income taxation under Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code;
(b) a veterans organization as defined in Section 1.1
of the "Bingo License and Tax Act" organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation; or
(c) An auxiliary organization of a veterans
"Religious organization" means any church, congregation, society, or organization founded for the purpose of religious worship.
"Sponsoring organization" means a qualified organization that has obtained a
license to conduct a charitable games event in conformance with the provisions
of this Act.
"Supplier" means any person, firm, or corporation that sells, leases, lends, distributes, or otherwise provides to any organization licensed to conduct charitable games events in Illinois any charitable games equipment.
"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.
"Volunteer" means a person recruited by a licensed organization who voluntarily performs services at a charitable games event, including participation in the management or operation of a game, as defined in Section 8.
(Source: P.A. 98-426, eff. 8-16-13; 98-644, eff. 6-10-14.)
(230 ILCS 30/3)
(from Ch. 120, par. 1123)
The Department of Revenue shall, upon application therefor
on forms prescribed by the Department, and upon the payment of a nonrefundable
fee of $400 due upon application and each renewal, and upon a determination by the Department that the applicant
meets all of the qualifications specified in this Act, issue a
charitable games license for the conducting of charitable games to any
of the following:
(i) Any local fraternal mutual benefit organization
chartered at least 40 years before it applies for a license under this Act.
(ii) Any qualified 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 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. The period of existence specified above shall not apply to a qualified organization, organized for charitable purpose, created by a fraternal organization that meets the existence requirements if the charitable organization has the same officers and directors as the fraternal organization. Only one charitable organization created by a branch lodge or chapter of a fraternal organization may be licensed under this provision.
The application shall be signed by a person listed on the application as an owner, officer, or other person in charge of the necessary day-to-day operations of the applicant organization, who shall attest under penalties of perjury that the information contained in the application is true, correct, and complete.
Each license shall be in effect for 2 years from its date of
issuance unless extended, suspended, or revoked by Department action before that date.
Any extension shall not exceed one year. The Department may by rule authorize the filing by electronic means of any application, license, permit, return, or registration required under this Act. A licensee may hold only one license. Each license must be applied for at
least 30 days prior to the night or nights the licensee wishes to conduct
such games. The Department may issue a license to a licensee that applies less than 30 days prior to the night or nights the licensee wishes to conduct the games if all other requirements of this Act are met and the Department has sufficient time and resources to issue the license in a timely manner. The Department may provide by rule for an extension of any charitable games license issued under this Act. If a licensee wishes to conduct games at a location other than
the locations originally specified in the license, the licensee shall
notify the Department of the proposed alternate location at least 30 days
before the night on which the licensee wishes to conduct games at the
alternate location. The Department may accept an applicant's change in location with less than 30 days' notice if all other requirements of this Act are met and the Department has sufficient time and resources to process the change in a timely manner.
All taxes and fees imposed by this Act, unless otherwise specified, shall be paid into the Illinois Gaming Law Enforcement Fund of the State Treasury.
(Source: P.A. 98-377, eff. 1-1-14.)
(230 ILCS 30/4)
(from Ch. 120, par. 1124)
Licensing for the conducting of
charitable games is subject to the following restrictions:
(1) The license application, when submitted to the
Department of Revenue, must contain a sworn statement attesting to the not-for-profit character of the prospective licensee organization, signed by a person listed on the application as an owner, officer, or other person in charge of the necessary day-to-day operations. The application shall contain the name of the person in charge of and primarily responsible for the conduct of the charitable games. The person so designated shall be present on the premises continuously during charitable games.
(2) The license application shall be prepared by the
prospective licensee organization or its duly authorized representative in accordance with the rules of the Department of Revenue.
(2.1) The organization shall maintain among its books
and records a list of the names, addresses, social security numbers, and dates of birth of all persons who will participate in the management or operation of the games, along with a sworn statement made under penalties of perjury, signed by a person listed on the application as an owner, officer, or other person in charge of the necessary day-to-day operations, that the persons listed as participating in the management or operation of the games are bona fide members, volunteers as defined in Section 2, or employees of the applicant, that these persons have not participated in the management or operation of more than 12 charitable games events conducted by any licensee in the calendar year, and that these persons will receive no remuneration or compensation, directly or indirectly from any source, for participating in the management or operation of the games. Any amendments to this listing must contain an identical sworn statement.
(3) Each license shall state the date, hours and at
what locations the licensee is permitted to conduct charitable games.
(4) Each licensee shall file a copy of the license
with each police department or, if in unincorporated areas, each sheriff's office whose jurisdiction includes the premises on which the charitable games are authorized under the license.
(5) The licensee shall prominently display the
license in the area where the licensee is to conduct charitable games. The licensee shall likewise display, in the form and manner prescribed by the Department, the provisions of Section 9 of this Act.
(8) A license is not assignable or transferable.
(9) Unless the premises for conducting charitable
games are provided by a municipality, the Department shall not issue a license permitting a person, firm or corporation to sponsor a charitable games night if the premises for the conduct of the charitable games has been previously used for 12 charitable games nights during the previous 12 months.
(10) Auxiliary organizations of a licensee shall not
be eligible for a license to conduct charitable games, except for auxiliary organizations of veterans organizations as authorized in Section 2.
(11) Charitable games must be conducted in accordance
with local building and fire code requirements.
(12) The licensee shall consent to allowing the
Department's employees to be present on the premises wherein the charitable games are conducted and to inspect or test equipment, devices and supplies used in the conduct of the game.
Nothing in this Section shall be construed to prohibit a licensee that
conducts charitable games on its own premises from also obtaining a
providers' license in accordance with Section 5.1.
The maximum number of charitable games events that may be held in any one
premises is limited to no more than 12 charitable games events per calendar year.
(Source: P.A. 98-377, eff. 1-1-14; 98-1071, eff. 8-26-14.)
(230 ILCS 30/6)
(from Ch. 120, par. 1126)
The Department shall issue a supplier's
license permitting a person,
firm, or corporation to sell, lease, lend or distribute to any organization
to conduct charitable games,
supplies, devices, and other equipment designed for use in the playing of
No person, firm, or corporation shall sell, lease, lend, or distribute charitable
or equipment without having first obtained a license. Applications for suppliers' licenses shall be made in writing in accordance with Department rules. The Department shall license suppliers of charitable games subject to a nonrefundable annual fee of $500, or a nonrefundable triennial fee of $1,500.
Each supplier's license is
valid for one year from the date of issuance, or 3 years from date of issuance for a triennial license, unless extended, suspended, or
revoked by Department action before that date. Any extension of a supplier's license shall not exceed one year. No licensed supplier under this Act shall lease, lend, or distribute charitable gaming equipment, supplies, or other devices to persons not otherwise licensed to conduct charitable games under this Act. The Department may require by rule for the provision of
surety bonds by suppliers. A supplier
shall keep among its books and records and make available for inspection by the Department a list of all products and equipment offered for sale or lease to any
organization licensed to conduct charitable games, and all such products
and equipment shall be sold or leased at the prices shown on the books and records. A supplier shall keep all such products and equipment
segregated and separate from any other products, materials or equipment that
it might own, sell, or lease.
A supplier must include in its application for a license the exact
location of the storage of the products, materials, or equipment. A
supplier, as a condition of licensure, must consent to permitting the
Department's employees to enter supplier's premises to inspect and test all
equipment and devices.
A supplier shall keep books and records for
the furnishing of products and equipment to charitable games separate and
distinct from any other business the supplier might operate. All products
and equipment supplied must be in accord with the Department's rules and
A supplier shall not alter or modify any equipment or supplies, or possess
any equipment or supplies so altered or modified, so as to allow the
possessor or operator of the equipment to obtain a greater chance of
winning a game other than as under normal rules of play of such games.
The supplier shall not require an organization to pay a
percentage of the proceeds from the charitable games for the use of the
products or equipment. The supplier shall
file a quarterly return with the
Department listing all sales or leases for such quarter and the gross
proceeds from such
sales or leases. A supplier shall permanently affix his name to all
charitable games equipment, supplies and pull tabs. A supplier shall not
have any interest in any providers' business, either direct or indirect.
If the supplier leases his equipment for use at an unlicensed charitable
games or to an unlicensed sponsoring group, all equipment so leased is
forfeited to the State.
Organizations licensed to conduct charitable games may own their own
equipment. Such organizations must apply to the Department for an
ownership permit. Any such application must be accompanied by a one-time, nonrefundable fee of $50.
Such organizations shall file an annual report listing their inventory of
charitable games equipment. Such organizations may lend such equipment
without compensation to other licensed organizations without applying for a
No employee, owner, or officer of a supplier may
participate in the management or operation of a charitable games event,
even if the employee, owner, or officer is also a member, volunteer, or
employee of the charitable games licensee. A supplier may not promote or
solicit a charitable games event on behalf of a charitable games licensee or
(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
(230 ILCS 30/7)
(from Ch. 120, par. 1127)
The following are ineligible for any
license under this Act:
(a) any person convicted of any felony within the
last 5 years where such conviction will impair the person's ability to engage in the position for which a license is sought;
(b) any person convicted of a violation of Article 28
of the Criminal Code of 1961 or the Criminal Code of 2012 who has not been sufficiently rehabilitated following the conviction;
(c) any person who has had a bingo, pull tabs and jar
games, or charitable games license revoked by the Department;
(d) any person who is or has been a professional
(d-1) any person found gambling in a manner not
authorized by this Act, the Illinois Pull Tabs and Jar Games Act, or the Bingo License and Tax Act participating in such gambling, or knowingly permitting such gambling on premises where an authorized charitable games event is authorized to be conducted or has been conducted;
(e) any organization in which a person defined in
(a), (b), (c), (d), or (d-1) has a proprietary, equitable, or credit interest, or in which the person is active or employed;
(f) any organization in which a person defined in
(a), (b), (c), (d), or (d-1) is an officer, director, or employee, whether compensated or not;
(g) any organization in which a person defined in
(a), (b), (c), (d), or (d-1) is to participate in the management or operation of charitable games.
The Department of State Police shall provide the criminal background of
any person requested by the Department of Revenue.
(Source: P.A. 100-286, eff. 1-1-18
(230 ILCS 30/7.1)
(a) The Department, upon a finding that an applicant for a license was convicted of a felony within the previous 5 years or of a violation of Article 28 of the Criminal Code of 1961 or Criminal Code of 2012, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the applicant is sufficiently rehabilitated or whether the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
(2) the amount of time that has elapsed since the
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
(6) evidence of the applicant's present fitness and
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
(8) any other mitigating factors that contribute to
the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
(b) If the Department refuses to grant a license to an applicant, then the Department shall notify the applicant of the denial in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest
the applicant may reapply for a license, whichever is applicable.
(c) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a license under this Act in the previous calendar year in whole or in part because of a prior conviction.
(d) Applicants shall not be required to report the following information and the following shall not be considered in connection with an application for licensure or registration:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
(Source: P.A. 100-286, eff. 1-1-18
(230 ILCS 30/8)
(from Ch. 120, par. 1128)
The conducting of charitable games is subject to the following
(1) The entire net proceeds from charitable games
must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
(2) No person except a bona fide member or employee
of the sponsoring organization, or a volunteer recruited by the sponsoring organization, may participate in the management or operation of the game. A person participates in the management or operation of a charitable game when he or she sells admission tickets at the event; sells, redeems, or in any way assists in the selling or redeeming of chips, scrip, or play money; participates in the conducting of any of the games played during the event, or supervises, directs or instructs anyone conducting a game; or at any time during the hours of the charitable games event counts, handles, or supervises anyone counting or handling any of the proceeds or chips, scrip, or play money at the event. A person who is present to ensure that the games are being conducted in conformance with the rules established by the licensed organization or is present to insure that the equipment is working properly is considered to be participating in the management or operation of a game. Setting up, cleaning up, selling food and drink, or providing security for persons or property at the event does not constitute participation in the management or operation of the game.
Only bona fide members, volunteers as defined in
Section 2 of this Act, and employees of the sponsoring organization may participate in the management or operation of the games. Participation in the management or operation of the games is limited to no more than 12 charitable games events, either of the sponsoring organization or any other licensed organization, during a calendar year.
(3) No person may receive any remuneration or
compensation either directly or indirectly from any source for participating in the management or operation of the game.
(4) No single bet at any house-banked game may exceed
(5) A bank shall be established on the premises to
convert currency into chips, scrip, or other form of play money which shall then be used to play at games of chance which the participant chooses. Chips, scrip, or play money must be permanently monogrammed with the supplier license number or logo or charitable games license number of a licensed organization or of the supplier. Each participant must be issued a receipt indicating the amount of chips, scrip, or play money purchased.
(6) At the conclusion of the event or when the
participant leaves, he or she may cash in his or her chips, scrip, or play money in exchange for currency not to exceed $500 in cash winnings or unlimited noncash prizes. Each participant shall sign for any receipt of prizes. The licensee shall provide the Department of Revenue with a listing of all prizes awarded, including the retail value of all prizes awarded.
(7) Each licensee shall be permitted to conduct
charitable games on not more than 4 days each year. Nothing in this Section shall be construed to prohibit a licensee that conducts charitable games on its own premises from also obtaining a providers' license in accordance with Section 7 of this Act.
(8) Unless the provider of the premises is a
municipality, the provider of the premises may not rent or otherwise provide the premises for the conducting of more than 12 charitable games nights per calendar year.
(9) A charitable games event is considered to be a
one-day event and charitable games may not be played between the hours of 2:00 a.m. and noon.
(10) No person under the age of 18 years may play or
participate in the conducting of charitable games. Any person under the age of 18 years may be within the area where charitable games are being played only when accompanied by his parent or guardian.
(11) No one other than the sponsoring organization
of charitable games must have a proprietary interest in the game promoted.
(12) Raffles or other forms of gambling prohibited by
law shall not be conducted on the premises where charitable games are being conducted.
(13) Such games are not expressly prohibited by
county ordinance for charitable games conducted in the unincorporated areas of the county or municipal ordinance for charitable games conducted in the municipality and the ordinance is filed with the Department of Revenue. The Department shall provide each county or municipality with a list of organizations licensed or subsequently authorized by the Department to conduct charitable games in their jurisdiction.
(14) The sale of tangible personal property at
charitable games is subject to all State and local taxes and obligations.
(15) Each licensee may offer or conduct only the
games listed below, which must be conducted in accordance with rules posted by the organization. The organization sponsoring charitable games shall promulgate rules, and make printed copies available to participants, for the following games: (a) roulette; (b) blackjack; (c) poker; (d) pull tabs; (e) craps; (f) bang; (g) beat the dealer; (h) big six; (i) gin rummy; (j) five card stud poker; (k) chuck-a-luck; (l) keno; (m) hold-em poker; and (n) merchandise wheel. A licensee need not offer or conduct every game permitted by law. The conducting of games not listed above is prohibited by this Act.
(16) No slot machines or coin-in-the-slot-operated
devices that allow a participant to play games of chance shall be permitted to be used at the location and during the time at which the charitable games are being conducted. However, establishments that have video gaming terminals licensed under the Video Gaming Act may operate them along with charitable games under rules adopted by the Department.
(17) No cards, dice, wheels, or other equipment may
be modified or altered so as to give the licensee a greater advantage in winning, other than as provided under the normal rules of play of a particular game.
(18) No credit shall be extended to any of the
(20) A supplier may have only one representative
present at the charitable games event, for the exclusive purpose of ensuring that its equipment is not damaged.
(21) No employee, owner, or officer of a consultant
service hired by a licensed organization to perform services at the event including, but not limited to, security for persons or property at the event or services before the event including, but not limited to, training for volunteers or advertising may participate in the management or operation of the games.
(Source: P.A. 98-377, eff. 1-1-14; 98-1071, eff. 8-26-14.)
(230 ILCS 30/9)
(from Ch. 120, par. 1129)
There shall be paid to the Department of Revenue, 5% of the net
proceeds of charitable games conducted under the provisions
of this Act. Such payments shall be made within 30 days after the
completion of the games. Accompanying each payment shall be a return, on forms prescribed by
the Department of Revenue. Failure to submit either the payment or the return within the
specified time may result in suspension or revocation of the license. Tax returns filed pursuant to this Act shall not be confidential and shall be available for public inspection.
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 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 charitable games, and references in such
incorporated Sections of the Retailers' Occupation Tax Act to sales of
tangible personal property mean the conducting of charitable games and the
making of charges for playing such games.
If any payment provided for in this Section exceeds the taxpayer's liabilities under this Act, as shown on an original return, the taxpayer may credit such excess payment against liability subsequently to be remitted to the Department under this Act, in accordance with reasonable rules adopted by the Department.
All payments made to the Department of Revenue under this Section shall be deposited
into the Illinois Gaming Law Enforcement Fund of the State Treasury.
(Source: P.A. 100-1171, eff. 1-4-19.)