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91_HB4409ham001
LRB9112958LDsbam
1 AMENDMENT TO HOUSE BILL 4409
2 AMENDMENT NO. . Amend House Bill 4409 by replacing
3 the title with the following:
4 "AN ACT to create the Omnibus Charitable Gaming Act.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "ARTICLE 1. INTENT
9 Section 1-1. Short title. This Act may be cited as the
10 Omnibus Charitable Gaming Act.
11 Section 1-5. Legislative findings and intent.
12 (a) The General Assembly finds the following:
13 (1) Not-for-profit charitable organizations provide
14 important and necessary services to the people of the
15 State of Illinois with respect to educational and social
16 services.
17 (2) There is a need to provide methods of fund
18 raising to such not-for-profit organizations to enable
19 them to meet their stated charitable and social purposes.
20 (3) Uniform regulation for the conduct of
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1 standardized games of chance is in the best interests of
2 not-for-profit organizations and the people of the State
3 of Illinois.
4 (4) Authorization for such not-for-profit
5 organizations to conduct charitable games as provided in
6 this Act is in the best interests of and will benefit the
7 people of the State of Illinois.
8 (b) It is the purpose and intent of this Act to do the
9 following:
10 (1) Permit not-for-profit organizations to conduct
11 charitable games only in compliance with the provisions
12 of this Act.
13 (2) Reaffirm that gambling in Illinois, unless
14 specifically authorized, is not to be allowed.
15 ARTICLE 5. DEFINITIONS
16 Section 5-5. Definitions. As used in this Act:
17 "Act" means the Omnibus Charitable Gaming Act.
18 "Adjusted gross proceeds" means gross proceeds less cash
19 prizes.
20 "Bingo" means a game where each player has a face or
21 board for which a consideration has been paid containing 5
22 horizontal rows of spaces, with each row except the central
23 one containing 5 figures. The central row has 4 figures with
24 the word "free" marked in the center space thereof. Bingo
25 also includes games that are as described in this definition
26 including the use of faces where the figures are not
27 preprinted but are filled in by the players. A player wins a
28 game of bingo by completing a preannounced combination of
29 spaces or, in the absence of a preannouncement of a
30 combination of spaces, any combination of 5 spaces in a row,
31 either vertical, horizontal, or diagonal.
32 "Bingo game" means a game that consists of the calling of
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1 numbers or letters or combination of numbers and letters, one
2 at a time without replacement, until one or more winners are
3 determined by the completion of one or more predetermined
4 patterns of numbers or letters or combination of numbers and
5 letters on a bingo face.
6 "Charitable games" means the games licensed for play
7 under this Act, including bingo, event games, pull tabs, jar
8 ticket games, and tipboards, and the games authorized to be
9 played at Las Vegas Nights events.
10 "Charitable organization" means an organization or
11 institution that is organized and operated to benefit an
12 indefinite number of the public. In order to benefit the
13 general public, an organization must contribute a minimum of
14 5% per year of the organization's adjusted gross proceeds
15 from charitable games to benefit the general public.
16 "Deal" means, for purposes of pull tabs, jar ticket
17 games, and tipboards, a separate package, series of packages,
18 card, or tipboard consisting of one game of tickets with the
19 same serial number, purchased from a licensed manufacturer or
20 supplier.
21 "Department" means the Illinois Department of Revenue.
22 "Educational organization" means a not-for-profit
23 organization or institution organized and operated to provide
24 systematic instruction in useful branches of learning by
25 methods common to schools and institutions of learning which
26 compare favorably in their scope and intensity with the
27 course of study presented in tax-supported schools.
28 "Electronic bingo cardminding device" means a device that
29 electronically stores predetermined bingo faces, provides a
30 means for players to input numbers or symbols called by the
31 operator, compares the numbers or symbols input by the player
32 to bingo faces previously stored in an electronic data base,
33 and identifies to the player those stored bingo faces that
34 contain the numbers or symbols input by the player.
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1 "Electronic gaming device" means any mechanical,
2 electrical device or machine that, upon payment of
3 consideration, including money, chips, scrip, or play money,
4 is available to play or operate, operation of which, whether
5 by reason of the skill of the operator, or application of the
6 element of chance, or both, may deliver or entitle the person
7 playing or operating the machine to receive money, premiums,
8 merchandise, tokens, redeemable game credits or anything of
9 value other than unredeemable free games whether the payoff
10 is made automatically from the machine or in any other
11 manner. "Electronic gaming device" does not include a
12 machine that dispenses pull tabs or jar game tickets or cards
13 or an electronic bingo cardminding device.
14 "Event game" means a game, excluding bingo, keno,
15 roulette, and poker, where the winner or winners have not
16 been designated in advance by the manufacturer, but rather
17 determined solely by an element of chance not contingent upon
18 the participation in bingo. Blowers, cages, wheels, decks of
19 cards, seal cards, and numeral paper are permitted for use in
20 determining the winning ticket, number, or symbol
21 combinations. Event games shall only be conducted during a
22 licensed organization's own bingo session.
23 "Face value", for purposes of pull tabs, jar ticket
24 games, and tipboards, means the price per pull tab or jar
25 ticket printed on such ticket or flare or both.
26 "Flare" means the posted display setting forth the rules
27 of a particular game of pull tabs, jar ticket games, and
28 tipboards and that is associated with a specific deal of pull
29 tabs, jar ticket games, and tipboards.
30 "Fraternal organization" means a civic, service, or
31 charitable organization in this State, except a college or
32 high school fraternity or sorority, not for pecuniary profit,
33 that is a branch, lodge, or chapter of a national or State
34 organization and that is organized and operated for the
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1 common business, brotherhood, or other interest of its
2 members and to benefit the general public on a continuing and
3 consistent basis. In order to benefit the general public on
4 a continuing and consistent basis, such organization must
5 contribute a minimum of 5% per year of the organization's
6 adjusted gross proceeds from charitable games to benefit the
7 general public.
8 "Gross proceeds", for purposes of pull tabs, jar ticket
9 games, and tipboards, means the total receipts, in any form,
10 from the sale of pull tabs, jar ticket games, and tipboards.
11 "Gross proceeds", for purposes of bingo, means the total
12 receipts, in any form, from the sale of bingo faces.
13 "Gross proceeds", for purposes of Las Vegas Nights
14 events, means all chips, scrip, or other form of play money
15 purchased or any fee or donation for admission or entry into
16 such games. If a licensed organization conducts games for a
17 corporate sponsor as provided in Section 30-5, "gross
18 proceeds" shall include the amount paid to the licensed
19 organization for conducting such games as provided by
20 Department rule.
21 "Ideal net proceeds", for purposes of pull tabs, jar
22 ticket games, and tipboards, means the total amount of
23 receipts that would be received if every individual ticket in
24 the pull tab or jar ticket game or tipboard deal was sold at
25 its face value, less cash prizes.
26 "Labor organization" means an organization composed of
27 labor unions or workers organized with the objective of
28 betterment of the conditions of those engaged in such pursuit
29 and the development of a higher degree of efficiency in their
30 respective occupations.
31 "Las Vegas Nights games" means and is limited to the
32 following games: (1) roulette; (2) blackjack; (3) craps; (4)
33 bang; (5) beat the dealer; (6) poker; (7) chuck-a-luck; and
34 (8) wheel games. Las Vegas Nights games do not include any
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1 of the games listed items in (1) through (8) when played on
2 an electronic gaming device, except as authorized by
3 Department rule.
4 "License term" means the 3-year period for which a
5 license is valid under this Act.
6 "Licensed organization" means any organization holding a
7 valid license from the Department to conduct charitable
8 games.
9 "Licensee" may refer to any of the various persons
10 holding a license under this Act, including organizations
11 licensed to conduct charitable games or suppliers,
12 manufacturers, or providers licensed under this Act.
13 "Non-profit organization" means an organization or
14 institution organized and conducted on a not-for-profit basis
15 with no personal profit inuring to any person as a result of
16 the operation.
17 "Organization" means a corporation, limited liability
18 company, agency, partnership, association, firm, or other
19 entity consisting of 2 or more persons joined by a common
20 interest or purpose.
21 "Participation in the operation and management of
22 charitable games", for purposes of Las Vegas Nights events,
23 means, but is not limited to, (1) selling admission tickets
24 at the event; (2) selling or redeeming or in any way
25 assisting in the selling or redeeming of chips; or (3)
26 participating in the conducting of any games played at the
27 event or acting as a supervisor or pit boss of a person
28 conducting the games. Conducting a game includes, but is not
29 limited to, dealing cards in poker or other card games,
30 spinning a wheel, turning the chuck-a-luck cage, or acting as
31 a croupier. Participation in the management or operation of
32 games also includes persons who, at any time during the hours
33 of a Las Vegas Nights event, count or handle or supervise
34 anyone who counts or handles any of the proceeds or chips at
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1 the event. A person who is present to ensure that the games
2 are being conducted in conformance with the rules established
3 by the licensed organization is considered to be
4 participating in the management or operation of the games.
5 Setting up, cleaning up, selling food and drink, and
6 providing security either for persons or property at events
7 (other than for the Las Vegas Nights equipment and money,
8 chips, or scrip used in the conducting of Las Vegas Nights
9 games), do not constitute, in and of themselves,
10 participation in the management and operation of the games.
11 "Participation in the operation and management of
12 charitable games", for purposes of bingo and pull tabs, jar
13 ticket games, and tipboards, includes, but is not limited to,
14 selling bingo faces, drawing and announcing bingo numbers and
15 winners, and selling pull tabs, jar ticket games, and
16 tipboards tickets. Setting up, cleaning up, selling food and
17 drink, and providing security either for persons or property
18 at games, do not constitute, in and of themselves,
19 participation in the management and operation of the games.
20 "Person" means and includes an individual, a trust,
21 estate, partnership, association, firm, company, corporation,
22 limited liability company, fiduciary, or any natural
23 individual. It specifically includes an officer, agent, or
24 employee of a corporation, a member, agent, or employee of a
25 partnership, or a member, manager, employee, officer,
26 director, or agent of a limited liability company.
27 "Progressive event game" means an event game in which a
28 prize value not won during one session of bingo of a licensed
29 organization is carried over and added to the jackpot value
30 of a subsequent session of that same licensed organization
31 until won.
32 "Pull tabs, jar ticket games, and tipboards" means a game
33 using a folded and banded ticket or a multi-ply card with a
34 perforated break-open tab or tabs, made completely of paper
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1 or paper products, the face of which is initially covered or
2 otherwise hidden from view in order to conceal a number,
3 symbol or set of symbols, some of which are winners. Each
4 winning pull tab, card or ticket shall be predetermined.
5 Players with winning cards or tickets receive a prize stated
6 on the game's flare. "Pull tabs, jar ticket games, and
7 tipboards" also means a game in which prizes are won by
8 pulling a tab, card, or ticket from a board thereby revealing
9 a number that corresponds to the number for a given prize.
10 "Pull tabs, jar ticket games, and tipboards" does not
11 include the following: numbers, policy, bolita or similar
12 games, dice, slot machines, bookmaking and wagering pools
13 with respect to a sporting event, or that game commonly known
14 as punch boards, or any other game or activity not expressly
15 defined in this Section.
16 "Qualified persons" means the persons who are reported to
17 the Department by a licensed organization as members,
18 employees, or volunteers of the licensed organization who
19 will participate in the management and operation of
20 charitable games.
21 "Qualified organization" means a bona fide charitable,
22 religious, fraternal, veterans', labor, educational, youth
23 athletic, or senior citizens' organization or institution
24 organized and conducted on a not-for-profit basis with no
25 personal profit inuring to anyone as a result of the
26 operation. It also includes a veterans' organization as
27 defined in this Act, organized and operated on a
28 not-for-profit basis with no personal profit inuring to any
29 person as a result of the operation, and an auxiliary
30 organization of a veterans' organization.
31 "Religious organization" means any church, congregation,
32 society, or organization founded for the purpose of religious
33 worship.
34 "Senior citizens' organization" means an organization or
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1 association comprised of members of which substantially all
2 are individuals who are senior citizens, as defined in the
3 Illinois Act on the Aging, the primary purpose of which is to
4 promote the welfare of its members.
5 "Sponsoring organization" means a qualified organization
6 that has obtained a license to conduct charitable games in
7 conformance with this Act.
8 "Tipboard" means a board, placard, or other device
9 containing a seal that conceals the winning number or symbol
10 and that serves as the game flare for a tipboard game.
11 "Veterans' organization" means an organization comprised
12 of members of which substantially all are individuals who are
13 veterans or spouses, widows, or widowers of veterans, the
14 primary purpose of which is to promote the welfare of its
15 members and to provide assistance to the general public in
16 such a way as to confer a public benefit. In order to
17 benefit the general public, such organization must contribute
18 a minimum of 5% per year of the organization's adjusted gross
19 proceeds from charitable games to benefit the general public.
20 "Volunteer" means a person recruited by a licensed
21 organization who voluntarily performs services at a
22 charitable games event, including participation in the
23 management or operation of a game as defined in this Section.
24 "Youth athletic organization" means an organization
25 having as its exclusive purpose the promotion and provision
26 of athletic activities for youth aged 18 and under.
27 ARTICLE 10. LICENSES
28 Section 10-5. Pull tabs license.
29 (a) The Department of Revenue, upon application made and
30 filed under penalty of perjury on forms prescribed by the
31 Department and upon the payment of a license fee of $1,500,
32 and upon a determination by the Department that the applicant
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1 meets all of the qualifications specified in this Section,
2 shall issue a license to conduct pull tabs, jar ticket games,
3 and tipboards. If the entire fee is not submitted at the
4 time of application, it may be paid in accordance with a
5 payment schedule established by rule by the Department. If
6 the license is surrendered, the license fee shall be refunded
7 only in yearly installments of the license term. The
8 Department is authorized to issue a license to conduct pull
9 tabs, jar ticket games, and tipboards to any of the
10 following:
11 (1) Any local fraternal mutual benefit organization
12 chartered at least 40 years before it applies for a
13 license under this Act.
14 (2) Any qualified organization organized in
15 Illinois that operates without profit to its members,
16 that has been in existence in Illinois continuously for a
17 period of 3 years immediately before making application
18 for a license, and that has had during that 3-year period
19 a bona fide membership engaged in carrying out its
20 objects. However, the 3-year requirement shall be
21 reduced to 2 years, as applied to a local organization
22 that is affiliated with and chartered by a national
23 organization that meets the 3-year requirement. The
24 period of existence specified in this paragraph (2) shall
25 not apply to a qualified organization, organized for
26 charitable purpose, created by a fraternal organization
27 that meets the existence requirements if the charitable
28 organization has the same officers and directors as the
29 fraternal organization. Only one charitable organization
30 created by a branch, lodge, or chapter of a fraternal
31 organization may be licensed under this provision.
32 Each license shall be in effect for 3 years from its date
33 of issuance, unless suspended or revoked by Department action
34 before that date. A licensee may hold only one license to
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1 conduct pull tabs, jar ticket games, and tipboards, which is
2 valid only for the locations specified on the license. If a
3 licensee wishes to conduct pull tabs, jar ticket games, and
4 tipboards at a location other than the locations originally
5 specified on the license or if the licensee wishes to change
6 established event dates or times, the licensee shall notify
7 the Department in writing of the proposed alternate location
8 or alternate dates or times at least 20 days in advance of
9 the rescheduled event and shall obtain a license for the
10 alternate location or alternate dates or times before
11 conducting the rescheduled event. Any change to a license,
12 including a change in date, time, or location or any addition
13 of a date, time, or location is subject to a $25
14 nonrefundable amendment fee.
15 (b) The Department may, upon written request signed by
16 an officer of the applicant organization, issue a special
17 permit to a licensed organization to sell pull tabs or jar
18 ticket games for no more than 7 consecutive days, except that
19 a licensee may sell pull tabs or jar ticket games at the
20 Illinois State Fair or any county fair held in Illinois
21 during each day that the fair is in effect. Pull tabs or jar
22 ticket games sold at the Illinois State Fair or a county fair
23 shall require a fair permit. A special permit shall be
24 displayed at the site of any pull tabs or jar ticket games
25 authorized by such permit. No more than 4 special permits
26 may be issued to any one organization during the pendency of
27 each 12-month period of the organization's regular license
28 term.
29 (c) For purposes of a pull tabs, jar ticket games, and
30 tipboards license, any organization qualified for a license
31 but not holding one may, upon application signed under
32 penalty of perjury and upon payment of a license fee of $150,
33 receive a limited license to conduct pull tabs or jar ticket
34 games at no more than 4 indoor or outdoor festivals during
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1 each 12-month period of the license term for a maximum of 5
2 days on each occasion. If the license is surrendered, the
3 license fee shall be refunded only in yearly installments of
4 the license term. Such limited license shall be prominently
5 displayed at the site of the pull tabs or jar ticket games.
6 (d) The Department shall license suppliers and
7 manufacturers of pull tabs, jar ticket games, and tipboards
8 for a license fee of $15,000. If the entire fee is not
9 submitted at the time of application, it may be paid in
10 accordance with a payment schedule established by rule by the
11 Department. If the license is surrendered, the license fee
12 shall be refunded only in yearly installments of the license
13 term. Each license shall be in effect for 3 years from its
14 date of issuance, unless suspended or revoked by Department
15 action before that date. License applications shall contain
16 the information required by Department rule and shall be
17 signed by the applicant under penalty of perjury. Suppliers
18 and manufacturers may meet the requirements and
19 qualifications established by Department rule. Licensed
20 manufacturers may sell pull tabs, jar ticket games, and
21 tipboards only to licensed suppliers. Licensed suppliers may
22 buy pull tabs, jar ticket games, and tipboards only from
23 licensed manufacturers and may sell pull tabs, jar ticket
24 games, and tipboards only to licensed organizations. Licensed
25 organizations may buy pull tabs, jar ticket games, and
26 tipboards only from licensed suppliers. When a licensed
27 organization buys pull tabs, jar ticket games, and tipboards
28 from a licensed supplier, the licensed organization shall pay
29 the supplier cash on delivery. On and after January 1, 2004,
30 a person holding a pull tabs, jar ticket games, and tipboards
31 manufacturer's license shall be ineligible to hold a pull
32 tabs, jar ticket games, and tipboards supplier's license. On
33 and after January 1, 2004, a person holding a pull tabs, jar
34 ticket games, and tipboards supplier's license shall be
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1 ineligible to hold a pull tabs, jar ticket games, and
2 tipboards manufacturer's license.
3 (e) The Department shall adopt by rule minimum quality
4 production standards for pull tabs, jar ticket games, and
5 tipboards. In determining such standards, the Department
6 shall consider the standards adopted by the North American
7 Gaming Regulators Association and the National Association of
8 Fundraising Ticket Manufacturers. No pull tabs, jar ticket
9 games, and tipboards shall be sold in this State unless they
10 conform to the following standards:
11 (1) Each pull tab ticket, jar game ticket, or
12 tipboard ticket sold shall contain the following minimum
13 information:
14 (A) For tickets measuring less than 1 1/4 inch
15 by 2 1/4 inch, each ticket shall contain the name of
16 the manufacturer (or its Department-registered
17 distinctive logo) and the game serial number.
18 (B) For tickets measuring 1 1/4 inch by 2 1/4
19 inch or more, each ticket shall contain the name of
20 the manufacturer (or its Department-registered
21 distinctive logo), the name of the game, the game
22 form number, the price of the ticket, the game
23 serial number, and the number of winners and
24 respective winning numbers or symbols and the prize
25 amounts.
26 (2) All imprinting of pull tab tickets, jar game
27 tickets, and tipboard tickets must be performed at the
28 manufacturer's premises. Manufacturers or suppliers may
29 not sell pull tab tickets, jar game tickets, or tipboard
30 tickets to any person in Illinois unless the tickets are
31 imprinted as provided for in this Section. Sales of
32 unmarked pull tab tickets or jar game tickets or tipboard
33 tickets by any person in Illinois constitutes a violation
34 of this Act. Each pull tab flare, jar ticket game flare,
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1 and tipboard shall be imprinted or affixed by the
2 manufacturer with a State of Illinois logo containing the
3 initials "IL" that has been approved by the Department
4 and with a bar code that provides the following:
5 (i) The form number;
6 (ii) The serial number of the game; and
7 (iii) The name of the manufacturer.
8 (3) Affixed to each pull tabs package, jar games
9 bag, or tipboard that constitutes a deal shall also be a
10 bar code with the information required in items (i),
11 (ii), and (iii) of paragraph (2), which is capable of
12 being removed and attached to the informational report
13 required by Section 35-5(c) of this Act.
14 (4) The serial number included in the bar code must
15 be the same as the serial number of the tickets or cards
16 included in the deal. A manufacturer who manufactures a
17 deal of pull tab tickets, jar game tickets, or tipboard
18 tickets must affix to the outside of the container or
19 wrapper containing that game the same bar code that is
20 imprinted or affixed at the bottom of the flare for that
21 deal.
22 (f) No person may alter the bar code or State of
23 Illinois logo that appears on the outside of the container or
24 wrapper containing a deal of pull tab tickets, jar game
25 tickets, or tipboard tickets. Possession of a container or
26 wrapper containing a deal of pull tab tickets, jar game
27 tickets, or tipboard tickets that has a bar code different
28 from the bar code of the deal inside the container or wrapper
29 shall be reported in writing to the Department by the
30 possessor within 10 days of discovery.
31 (g) A sample of pull tabs, jar ticket games, and
32 tipboards proposed for production and sale by licensed
33 manufacturers must be submitted to the Department prior to
34 sale for approval. The Department shall approve or deny such
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1 sales of pull tabs, jar ticket games, and tipboards within 30
2 days of submission. The Department shall establish by rule
3 standards for the submission of and approval of such games.
4 The sale or use or possession of unapproved pull tabs, jar
5 ticket games or tipboards constitutes a violation of this
6 Act. Any pull tabs, jar ticket games, and tipboards
7 trademarked or copyrighted and available for sale in Illinois
8 before the effective date of this amendatory Act of the 91st
9 General Assembly need not be submitted to the Department for
10 such approval.
11 (h) No employee, owner, or officer of a supplier or
12 manufacturer may participate in the management or operation
13 of pull tabs or jar ticket games, even if the employee, owner
14 or officer is also a member, volunteer, or employee of the
15 organization licensed to sell pull tabs, jar ticket games,
16 and tipboards tickets. Suppliers and manufacturers may not
17 promote or solicit pull tabs, jar ticket games, and tipboards
18 on behalf of a licensed organization or organization that is
19 eligible to receive a license.
20 (i) The Department of Revenue shall adopt rules
21 necessary to provide for the proper accounting and control of
22 activities under this Act and to prevent illegal activity
23 associated with the use of pull tabs, jar ticket games, and
24 tipboards.
25 (j) License fees paid to the Department under this
26 Section shall be deposited as follows:
27 (1) 50% shall be deposited in the Common School
28 Fund; and
29 (2) 50% shall be deposited in the Illinois Gaming
30 Law Enforcement Fund. Of the moneys deposited in the
31 Illinois Gaming Law Enforcement Fund under this Section,
32 the General Assembly shall appropriate two-thirds to the
33 Department of Revenue, Department of State Police, and
34 the Office of the Attorney General for State law
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1 enforcement purposes, and one-third shall be appropriated
2 to the Department of Revenue for the purpose of
3 distribution in the form of grants to counties or
4 municipalities for law enforcement purposes. The amounts
5 of grants to counties or municipalities shall bear the
6 same ratio as the number of licenses issued in counties
7 or municipalities bears to the total number of licenses
8 issued in the State. In computing the number of licenses
9 issued in a county, licenses issued for locations within
10 a municipality's boundaries shall be excluded.
11 Section 10-10. Bingo license.
12 (a) The Department of Revenue, upon application made and
13 filed under penalty of perjury on forms prescribed by the
14 Department, and upon the payment of a license fee of $600,
15 and upon a determination by the Department that the applicant
16 meets all of the qualifications specified in this Section,
17 shall issue a license for the conducting of bingo and event
18 games. If the entire fee is not submitted at the time of
19 application, it may be paid in accordance with a payment
20 schedule established by rule by the Department. If the
21 license is surrendered, the license fee shall be refunded
22 only in yearly installments of the license term. The
23 Department is authorized to issue a license to conduct bingo
24 to any of the following:
25 (1) Any local fraternal mutual benefit organization
26 chartered at least 40 years before it applies for a
27 license under this Act.
28 (2) Any qualified organization organized in
29 Illinois that operates without profit to its members,
30 that been in existence in Illinois continuously for a
31 period of 3 years immediately before making application
32 for a license, and that has had during that 3-year period
33 a bona fide membership engaged in carrying out its
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1 objects. However, the 3-year requirement shall be
2 reduced to 2 years, as applied to a local organization
3 that is affiliated with and chartered by a national
4 organization which meets the 3-year requirement. The
5 period of existence specified in this paragraph (2) shall
6 not apply to a qualified organization, organized for
7 charitable purpose, created by a fraternal organization
8 that meets the existence requirements if the charitable
9 organization has the same officers and directors as the
10 fraternal organization. Only one charitable organization
11 created by a branch, lodge, or chapter of a fraternal
12 organization may be licensed under this provision.
13 Each license shall be in effect for 3 years from its date
14 of issuance unless suspended or revoked by Department action
15 before that date. A licensee may hold only one license to
16 conduct bingo and that license shall be valid only for the
17 location, dates, and times specified on the license. If a
18 licensee wishes to conduct bingo at a location other than the
19 location originally specified in the license or if the
20 licensee wishes to change established event dates or times,
21 the licensee shall notify the Department in writing of the
22 proposed alternate location or alternate dates or times at
23 least 20 days in advance of the rescheduled event and shall
24 obtain a license for the alternate location or alternate
25 dates or times before conducting the rescheduled event. Any
26 change to a license, including a change in date, time, or
27 location, or any addition of a date, time, or location is
28 subject to a $25 nonrefundable amendment fee.
29 (b) The Department may, upon written request signed by
30 an officer of the applicant organization, issue a special
31 permit for conducting bingo and on other days not exceeding 7
32 consecutive days, except that a licensee may conduct bingo at
33 the Illinois State Fair or any county fair held in Illinois
34 during each day that the fair is in effect. Bingo games
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1 conducted at the Illinois State Fair or a county fair shall
2 require a fair permit. No more than 4 special permits may be
3 issued to any one organization per each 12-month period of
4 the license term.
5 (c) Any organization qualified for a license but not
6 holding one, upon application made under penalty of perjury
7 on forms prescribed by the Department and payment of a
8 license fee of $150, may receive a limited license to conduct
9 bingo at no more than 4 indoor or outdoor festivals per each
10 12-month period of the license term for a maximum of 5 days
11 on each occasion. If the license is surrendered, the license
12 fee shall be refunded only in yearly installments of the
13 license term. Such limited license shall be prominently
14 displayed at the site of the bingo games.
15 (d) The Department, upon application made under penalty
16 of perjury on forms prescribed by the Department, may issue
17 restricted licenses to senior citizens' organizations. The
18 nonrefundable license fee for a restricted license is $10 per
19 year. Restricted licenses shall be subject to the following
20 conditions:
21 (1) Bingo shall be conducted only at a facility
22 that is owned by a unit of local government to which the
23 corporate authorities have given their approval and that
24 is used to provide social services or a meeting place to
25 senior citizens, or in common areas in multi-unit
26 federally assisted rental housing maintained solely for
27 the elderly and handicapped.
28 (2) The price paid for a single face shall not
29 exceed 5 cents.
30 (3) The aggregate retail value of all prizes or
31 merchandise awarded in any one game of bingo shall not
32 exceed $1.
33 (4) No person or organization shall participate in
34 the management or operation of bingo under a restricted
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1 license if the person or organization would be ineligible
2 for a license under this Section.
3 (5) No license is required to provide premises for
4 bingo conducted under a restricted license.
5 (6) The Department may, by rule, exempt restricted
6 licensees from such requirements of this Act as the
7 Department may deem appropriate.
8 (e) The Department, upon application made and filed
9 under penalty of perjury on forms prescribed by the
10 Department and upon payment of a license fee of $600, shall
11 issue a license permitting a person to sell, lease, or
12 distribute all faces, boards, sheets, pads, electronic bingo
13 cardminding devices, and other equipment designed for use in
14 the play of bingo. If the entire fee is not submitted at the
15 time of application, it may be paid in accordance with a
16 payment schedule established by rule by the Department. If
17 the license is surrendered, the license fee shall be refunded
18 only in yearly installments of the license term. Within 30
19 days after the end of each calendar quarter during which a
20 supplier's license was in effect, the supplier shall file a
21 return with the Department listing all sales and leases of
22 bingo supplies and equipment for the quarter and gross
23 proceeds derived from each such sale or lease. Information
24 required by the return shall be filed by submitting
25 appropriate computer-generated magnetic media, unless as
26 provided by rule, the Department grants an exception upon
27 petition of the supplier. The Department shall promulgate
28 rules regarding the format of the computer-generated magnetic
29 media. No person shall sell, lease or distribute bingo
30 supplies or equipment without having first obtained a license
31 therefor. On and after January 1, 2004, persons holding a
32 bingo provider's license are ineligible to hold a bingo
33 supplier's license. However, persons holding a bingo
34 provider's license are authorized to lease or lend blowers
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1 and display boards and Department-approved electronic bingo
2 cardminding devices to organizations licensed to conduct
3 bingo games. A supplier's license is valid for 3 years from
4 the date of issuance, unless suspended or revoked by
5 Department action before that date. A bingo supplier's
6 license authorizes a supplier to sell bingo supplies or
7 equipment to any organization licensed to conduct bingo games
8 or to any licensed bingo supplier. Sales of bingo supplies or
9 equipment to nonlicensed persons are authorized, provided
10 that all such sales are reported to the Department and
11 supported by a certification that such supplies and equipment
12 are for use in a manner not subject to this Act and whereby
13 such certification is signed and dated by the nonlicensed
14 person and attached to the supplier's quarterly return
15 listing all sales and leases of bingo supplies and equipment.
16 Organizations licensed to conduct bingo games shall purchase,
17 lease or otherwise obtain bingo supplies or equipment only
18 from licensed suppliers.
19 No employee, owner, or officer of a supplier may
20 participate in the management or operation of a bingo game,
21 even if the employee, owner, or officer is also a member,
22 volunteer, or employee of the licensee. A supplier may not
23 promote or solicit a bingo game on behalf of a licensee or
24 qualified organization.
25 (f) The Department, upon application made and filed
26 under penalty of perjury on forms prescribed by the
27 Department and upon payment of a license fee of $600, shall
28 issue a provider's license permitting a person to provide
29 premises for the conduct of bingo. If the entire fee is not
30 submitted at the time of application, it may be paid in
31 accordance with a payment schedule established by rule by the
32 Department. If the license is surrendered, the license fee
33 shall be refunded only in yearly installments of the license
34 term. A provider's license is valid for 3 years from the date
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1 of issuance, unless suspended or revoked by Department action
2 before that date. Such license also authorizes the provider
3 to lease or lend blowers and display boards and electronic
4 bingo cardminding devices to organizations licensed to
5 conduct bingo games. A municipality or township shall not be
6 required to obtain a license to provide such premises. No
7 license is required to provide premises for bingo conducted
8 under a restricted license. An organization qualified to
9 receive a bingo license need not obtain a provider's license
10 if bingo games will be conducted on the organization's
11 premises. However, if it will rent premises to separately
12 licensed organizations, it must apply for and obtain a
13 provider's license from the Department. On and after January
14 1, 2004, a person holding a bingo supplier's license is
15 ineligible to hold a bingo provider's license.
16 No more than 2 bingo sessions may be conducted on a
17 premises during any day. A person holding a provider's
18 license may receive reasonable expenses for providing
19 premises for conducting bingo. Reasonable expenses shall
20 include only those expenses defined as reasonable by rules
21 promulgated by the Department. Separate rent charged for
22 organizations to sell pull tabs on the same premises is
23 prohibited. A provider shall not prohibit a licensed
24 organization from selling pull tab and jar game tickets
25 during such licensed organization's bingo session.
26 A licensee may rent a premises on which to conduct bingo
27 only from a person licensed as a provider of premises.
28 Licensed providers may rent premises only to organizations
29 that possess valid licenses issued by the Department. If the
30 person providing the premises is a metropolitan exposition,
31 auditorium, and office building authority created by State
32 law, a licensee may enter into a rental agreement with that
33 person authorizing the licensee and that person to share the
34 gross proceeds of bingo games. However, the metropolitan
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1 exposition, auditorium, or office building authority created
2 by State law shall not receive more than 50% of the gross
3 proceeds.
4 A provider shall not have any interest in any supplier's
5 business, either direct or indirect. No employee, officer,
6 or owner of a for-profit provider may participate in the
7 management or operation of a bingo session, even if the
8 employee, officer, or owner is also a member, volunteer, or
9 employee of the bingo licensee. A provider may not promote
10 or solicit a bingo game on behalf of a bingo licensee or
11 person qualified to receive a bingo license.
12 (g) The proceeds from the bingo license fees imposed by
13 this Act shall be paid into the General Revenue Fund of the
14 State Treasury.
15 Section 10-15. Las Vegas Nights events license.
16 (a) The Department of Revenue, upon application made and
17 filed under penalty of perjury on forms prescribed by the
18 Department and upon the payment of a license fee of $600, and
19 upon a determination by the Department that the applicant
20 meets all of the qualifications specified in this Section,
21 shall issue a Las Vegas Nights events license for the
22 conducting of Las Vegas Nights games to any of the following:
23 (1) Any local fraternal mutual benefit organization
24 chartered at least 40 years before it applies for a
25 license under this Act.
26 (2) Any qualified organization organized in
27 Illinois that operates without profit to its members,
28 that has been in existence in Illinois continuously for a
29 period of 3 years immediately before making application
30 for a license, and that has had during that 3-year period
31 a bona fide membership engaged in carrying out its
32 objects. However, the 3-year requirement shall be
33 reduced to 2 years, as applied to a local organization
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1 that is affiliated with and chartered by a national
2 organization that meets the 3-year requirement. The
3 period of existence specified in this paragraph (2) shall
4 not apply to a qualified organization, organized for
5 charitable purpose, created by a fraternal organization
6 that meets the existence requirements if the charitable
7 organization has the same officers and directors as the
8 fraternal organization. Only one charitable organization
9 created by a branch, lodge, or chapter of a fraternal
10 organization may be licensed under this provision.
11 If the entire fee is not submitted at the time of
12 application, it may be paid in accordance with a payment
13 schedule established by rule by the Department. If the
14 license is surrendered, the license fee shall be refunded
15 only in yearly installments of the license term. Each license
16 shall be in effect for 3 years from its date of issuance
17 unless suspended or revoked by Department action before that
18 date. A licensee may hold only one license to conduct Las
19 Vegas Nights games.
20 (b) If a licensee wishes to conduct Las Vegas Nights
21 games at a location other than the locations originally
22 specified in the license or if the licensee wishes to change
23 established event dates or times, the licensee shall notify
24 the Department in writing of the proposed alternate location
25 or alternate dates or times at least 20 days in advance of
26 the rescheduled event and shall obtain a license for the
27 alternate location or alternate dates or times before
28 conducting the rescheduled event. Any change to a license,
29 including a change in date, time, or location or any addition
30 of a date, time, or location is subject to a $25
31 nonrefundable amendment fee.
32 (c) The Department, upon application made and filed
33 under penalty of perjury on forms prescribed by the
34 Department and upon the payment of a license fee of $1,500,
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1 shall issue a supplier's license permitting a person to sell,
2 lease, lend, or distribute to any organization licensed to
3 conduct Las Vegas Nights events, supplies, devices, and other
4 equipment designed for use in the playing of Las Vegas Nights
5 games. If the entire fee is not submitted at the time of
6 application, it may be paid in accordance with a payment
7 schedule established by rule by the Department. If the
8 license is surrendered, the license fee shall be refunded
9 only in yearly installments of the license term. A licensee
10 may hold only one license as a Las Vegas Nights games
11 supplier. No person shall sell, lease, or distribute Las
12 Vegas Nights games supplies or equipment without having first
13 obtained a license from the Department. Each license is
14 valid for a period of 3 years from the date of issuance,
15 unless suspended or revoked by Department action before that
16 date. A licensed supplier may, as authorized by Department
17 rule, lend, lease, or distribute equipment to non-licensed
18 persons solely for promotional or cinematic purposes. A
19 licensed supplier shall obtain written approval from the
20 Department for such use of equipment at least 10 days prior
21 to the promotional or cinematic event.
22 A supplier shall furnish the Department with a list of
23 all products and equipment offered for sale or lease to any
24 organization licensed to conduct charitable games and all
25 such products and equipment shall be sold or leased at the
26 prices on file with the Department. A supplier shall keep
27 all such products and equipment segregated and separate from
28 any other products, materials, or equipment that it might
29 own, sell, or lease. A supplier must include in its
30 application for a license the exact location of the storage
31 of the products, materials, or equipment. A supplier, as a
32 condition of licensure, must consent to permitting the
33 Department's employees to enter supplier's premises to
34 inspect and test all equipment and devices. A supplier shall
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1 keep books and records for the furnishing of products and
2 equipment to charitable games separate and distinct from any
3 other business the supplier might operate. All products and
4 equipment supplied must be in accord with the Department's
5 rules. A supplier shall not alter or modify any equipment
6 or supplies or possess any equipment or supplies so altered
7 or modified so as to allow the possessor or operator of the
8 equipment to obtain a greater chance of winning a game other
9 than as under normal rules of play of such games. The
10 supplier shall not receive a percentage of the proceeds from
11 the Las Vegas Nights games for the use of the products or
12 equipment. The supplier shall file a quarterly return with
13 the Department listing all sales or leases for such quarter
14 and the gross proceeds from such sales or leases. A supplier
15 shall permanently affix his name to all Las Vegas Nights
16 events equipment and supplies. On and after January 1, 2004,
17 a person holding a Las Vegas Nights events provider's license
18 is ineligible to hold a Las Vegas Nights events supplier's
19 license. If the supplier leases his or her equipment for use
20 at an unlicensed charitable games or to an unlicensed
21 sponsoring organization, all equipment so leased shall be
22 forfeited to the State.
23 Organizations licensed to conduct Las Vegas Nights events
24 may own their own equipment. Such organizations must apply
25 to the Department for an ownership permit. Application for a
26 permit must be filed under penalty of perjury on forms
27 prescribed by the Department and must be accompanied by a $50
28 permit fee. Such organizations shall file an annual report
29 listing their inventory of Las Vegas Nights games equipment.
30 Such organizations may lend such equipment without
31 compensation to other licensed organizations without applying
32 for a supplier's license.
33 No employee, owner, or officer of a supplier may
34 participate in the management or operation of a Las Vegas
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1 Nights event, even if the employee, owner, or officer is also
2 a member, volunteer, or employee of the Las Vegas Nights
3 licensee. A supplier may not promote or solicit a Las Vegas
4 Nights event on behalf of a Las Vegas Nights licensee or
5 qualified organization.
6 The Department, upon written notification, may grant a
7 special sales permit to a person authorizing the person to
8 sell, on a limited basis, to a supplier or organization
9 licensed under this Act equipment designed for use in the
10 playing of Las Vegas Nights games. A special sales permit
11 may be issued when demand for a particular type of equipment
12 is anticipated to be below the level of economic feasibility
13 of obtaining a license under this Act. The Department may
14 establish by rule standards for the issuance of such special
15 sales permits.
16 (d) The Department, upon application made and filed
17 under penalty of perjury on forms prescribed by the
18 Department and upon payment of a license fee of $150, shall
19 issue a provider's license permitting a person to provide
20 premises for the conduct of Las Vegas Nights. If the entire
21 fee is not submitted at the time of application, it may be
22 paid in accordance with a payment schedule established by
23 rule by the Department. If the license is surrendered, the
24 license fee shall be refunded only in yearly installments of
25 the license term. A provider must obtain a separate license
26 for each separate premises. No person may rent or otherwise
27 provide premises without having first obtained a license from
28 the Department. Each provider's license is valid for 3 years
29 from the date of issuance, unless suspended or revoked by
30 Department action before that date. A provider may receive
31 reasonable compensation for the provision of the premises.
32 Reasonable expenses shall include only those expenses defined
33 as reasonable by rules promulgated by the Department. The
34 compensation shall not be based upon a percentage of the
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1 gross proceeds from the Las Vegas Nights games. A provider,
2 including a municipality or township, may not provide the
3 same premises for conducting more than 12 Las Vegas Nights
4 per each 12-month period of the license term. A provider
5 shall not have any interest in any supplier's business,
6 either direct or indirect. No employee, officer, or owner of
7 a provider may participate in the management or operation of
8 a Las Vegas Night event, even if the employee, officer, or
9 owner is also a member, volunteer, or employee of the Las
10 Vegas Night licensee. A provider may not promote or solicit
11 a Las Vegas Night event on behalf of a Las Vegas Night
12 licensee or qualified organization. Any qualified
13 organization licensed to conduct a Las Vegas Nights event
14 need not obtain a provider's license if such events are to be
15 conducted on the organization's premises. On and after
16 January 1, 2004, a person holding a Las Vegas Nights events
17 supplier's license is ineligible to hold a Las Vegas events
18 provider's license.
19 If a licensee conducts Las Vegas Nights events on its own
20 premises, the licensee may also obtain a provider's license
21 to allow the licensee to rent or otherwise provide its
22 premises to another licensee for the conducting of an
23 additional 4 Las Vegas Nights events. The maximum number of
24 events that may be held at any one premises is limited to 12
25 Las Vegas Nights events per each 12-month period of the
26 license term.
27 (e) The proceeds from the Las Vegas Nights events
28 license and permit fees imposed by this Act shall be paid
29 into the Illinois Gaming Law Enforcement Fund of the State
30 Treasury.
31 ARTICLE 15. INELIGIBLE PERSONS
32 Section 15-5. Ineligible Persons.
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1 (a) The following are ineligible for any license under
2 this Act:
3 (1) Any person who has been convicted of a felony
4 within 10 years of the date of the application.
5 (2) Any person who has been convicted of a
6 violation of Article 28 of the Criminal Code of 1961.
7 (3) Any person who has had a license issued under
8 this Act or the Illinois Pull Tabs and Jar Games Act, the
9 Bingo License and Tax Act, or the Charitable Games Act
10 revoked by the Department.
11 (4) Any business or organization in which a person
12 defined in paragraph (1) or (2) of this subsection (a)
13 has a proprietary, equitable, or credit interest or in
14 which the person is active or employed.
15 (5) Any business or organization in which a person
16 defined in paragraph (a)(1), (a)(2), or (a)(3) is an
17 officer, director, or employee, whether compensated or
18 not.
19 (6) Any organization in which a person defined in
20 paragraph (a)(1), (a)(2), or (a)(3) is to participate in
21 the management or operation of Las Vegas Nights events,
22 pull tabs, jar ticket games, or bingo.
23 (7) Any person or organization who has knowingly
24 submitted any application, supporting documentation,
25 return, or report containing statements that the person
26 or organization knows to be false.
27 (8) Any unlicensed organization engaging in any
28 activities required to be licensed under this Act.
29 (b) The ineligibility of an organization under paragraph
30 (a)(4), (a)(5), or (a)(6) of this Section shall continue so
31 long as any person defined in paragraph (a)(1), (a)(2), or
32 (a)(3) maintains with the person or organization a
33 relationship causing ineligibility. The ineligibility of a
34 person under paragraph (a)(3) shall continue for a period of
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1 5 years from the date of revocation. The ineligibility of a
2 person or organization under paragraph (a)(7) or (a)(8) shall
3 continue for a period of 5 years from the date of the
4 submission of the application, supporting documentation,
5 return, or report or the date the unlicensed activities were
6 discontinued.
7 (c) The Department of State Police shall provide the
8 criminal background of any person requested by the Department
9 of Revenue.
10 ARTICLE 25. LICENSING RESTRICTIONS
11 Section 25-5. Licensing restrictions.
12 (a) All licenses issued under this Act are subject to
13 the following restrictions.
14 (1) Any change in officers, directors, partners, or
15 stockholders owning at least 10% of the shares of a
16 corporate or partnership licensee must be reported to the
17 Department in writing within 30 days of the change. A
18 new application must be submitted to the Department upon
19 any change in officers, directors, partners, or
20 stockholders or partners owning more than 50% of the
21 shares of a corporate or partnership licensee.
22 (1.5) All license applications, except renewals,
23 must be submitted to the Department at least 30 days
24 before engaging in the activities for which the license
25 is required.
26 (2) A license is not assignable or transferable.
27 (3) A licensee shall consent to allowing the
28 Department's employees to be present on the premises
29 wherein the charitable games are conducted and to inspect
30 or test equipment, devices, and supplies used in the
31 conduct of the games.
32 (4) In addition to the basic license fees, the
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1 Department may require payment of such additional license
2 fees as are necessary to defray the costs of background
3 investigations of applicants for whom adequate background
4 information sources are not readily available, including,
5 but not limited to, applicants who have not resided in
6 the State of Illinois for at least one year. The
7 Department may require payment of the estimated
8 additional license fee in advance as a condition
9 precedent to beginning the investigation. The Department
10 shall notify the applicant as soon as possible after it
11 makes a determination that such additional fee is
12 necessary and shall further notify the applicant of the
13 Department's best estimate of what such additional
14 license fee will be, provided, that such estimate shall
15 not be binding upon the Department. Any applicant may
16 then withdraw his or her application if he or she so
17 chooses.
18 (5) The payment of tax or a license fee by a check
19 that, for any reason, is not promptly paid by the drawer
20 bank shall be grounds for immediate denial of a new
21 license, denial of a renewal application, or suspension
22 of any current license issued under this Act. If a
23 license is denied under this paragraph (5), a new
24 application must be submitted with fees payable only by
25 certified check, money order, or cash.
26 (6) The Department shall mail a renewal application
27 at least 4 months prior to the expiration of the license.
28 If a completed renewal application is not received by the
29 Department within 2 months prior to the expiration of the
30 license, the licensee shall not be permitted to continue
31 to operate once the current license has expired.
32 (b) Licenses issued to conduct charitable games are
33 subject to the following restrictions:
34 (1) The license application, when submitted to the
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1 Department, must contain a sworn statement attesting to
2 the not-for-profit character of the prospective licensee
3 organization that has been signed by the presiding
4 officer and the secretary of that organization. Any
5 willful misstatements contained in such application
6 constitute perjury.
7 (2) For purposes of a Las Vegas Nights events
8 license, the application shall also contain the name of
9 the person in charge of and primarily responsible for the
10 conduct of the Las Vegas Nights games. The person so
11 designated shall be present on the premises continuously
12 during the games.
13 (3) The application for license shall be prepared
14 by the licensee organization or its duly authorized
15 representative in accordance with the rules of the
16 Department.
17 (4) The application for any license issued under
18 this Act shall contain a list of the names, addresses,
19 social security numbers, and dates of birth of all
20 persons who will participate in the management or
21 operation of the games, along with a sworn statement made
22 under penalty of perjury, signed by the presiding officer
23 and secretary of the applicant, that the persons listed
24 as participating in the management or operation of the
25 games are either bona fide members, volunteers as defined
26 in Section 5-5, or employees of the applicant, will
27 receive no remuneration or compensation, directly or
28 indirectly, from any source for participating in the
29 management or operation of the games, and for purposes of
30 Las Vegas Nights events, that these persons have not
31 participated in the management or operation of more than
32 8 charitable games events in a calendar year. Any
33 amendments to this listing must be submitted on forms
34 prescribed by the Department and must be received by the
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1 Department at least 3 business days before the scheduled
2 event and must be verified as received by the Department
3 and contain an identical sworn statement. If not
4 received within this time, the persons listed on such
5 supplemental list shall not be authorized to participate
6 in the management or operation of the charitable games.
7 If, from the information provided, the Department cannot
8 determine with reasonable certainty that a member,
9 volunteer, or employee does not have a criminal record
10 that would make the organization ineligible for a
11 license, the Department may require such member,
12 volunteer, or employee to submit to fingerprinting in
13 order to make a more certain determination as to the lack
14 of a criminal history of the member, volunteer, or
15 employee.
16 (5) For purposes of a pull tabs, jar ticket games,
17 and tipboards license, the licensee organization shall
18 state in the application for a pull tabs, jar ticket
19 games, and tipboards license whether the licensee
20 organization is using mechanical pull tab dispensing
21 machines and, if so, how many are in the possession of
22 the licensee organization and how many are being used.
23 If a licensee organization at the time of application
24 does not possess any such mechanical pull tab dispensing
25 machines but acquires such machines at a later date, the
26 licensee organization shall notify the Department, in
27 writing, within 30 days of obtaining such machines, of
28 the number of machines. The Department may inspect or
29 test such mechanical pull tab dispensing machines during
30 reasonable business hours.
31 (6) The application shall be signed by the
32 presiding officer and the secretary of the prospective
33 licensee organization, who shall attest under penalty of
34 perjury that the information contained in the application
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1 is true, correct, and complete.
2 (7) For purposes of a pull tabs, jar ticket games,
3 and tipboards license, each license shall state the
4 locations at which the licensee is permitted to conduct
5 pull tabs, jar ticket games, and tipboards.
6 (8) For purposes of a bingo license, each licensee
7 shall state which hours and day of the week and at what
8 location the licensee is permitted to conduct bingo.
9 (9) For purposes of a Las Vegas Nights events
10 license, each license shall state which day of the week,
11 the hours, and at what locations the licensee is
12 permitted to conduct Las Vegas Nights games.
13 (10) The licensee shall display the license in a
14 prominent place in the area where it is to conduct pull
15 tabs, jar ticket games, and tipboards, bingo, or Las
16 Vegas Nights games.
17 (11) For purposes of a Las Vegas Nights events
18 license, the Department shall not issue a license
19 permitting an organization to sponsor a Las Vegas Nights
20 event if the premises for the conduct of the Las Vegas
21 Nights games has been previously used for 8 Las Vegas
22 Nights events during the current 12-month period of the
23 license term. However, up to 12 Las Vegas Nights events
24 per each 12-month period of the license term may be held
25 in any one premises if an organization licensed to
26 conduct Las Vegas Nights events on its own premises has
27 also obtained a Las Vegas Nights events provider's
28 license in accordance with Section 10-15. In this case,
29 the maximum number of Las Vegas Nights events that may be
30 held in any one premises is limited to 12 Las Vegas
31 Nights events per each 12-month period of the license
32 term.
33 (12) For purposes of a Las Vegas Nights events
34 license, auxiliary organizations of a licensee shall not
-34- LRB9112958LDsbam
1 be eligible for a license to conduct Las Vegas Nights
2 games, except for auxiliary organizations of veterans'
3 organizations as authorized in Section 5-5.
4 (13) Charitable games must be conducted in
5 accordance with local building and fire code
6 requirements.
7 ARTICLE 30. CONDUCTING OF GAMES; RESTRICTIONS
8 Section 30-5. Conducting charitable games; restrictions.
9 The conducting of charitable games is subject to the
10 following restrictions:
11 (1) The entire adjusted gross proceeds of any charitable
12 games, except as otherwise approved in this Act, must be
13 exclusively devoted to the lawful purposes of the
14 organization permitted to conduct such games.
15 (2) No person, except a bona fide member, volunteer, or
16 employee of the sponsoring organization may participate in
17 the management or operation of charitable games. A person
18 who participates in the management or operation of the games
19 and who is not a bona fide member, volunteer, or employee of
20 the sponsoring organization or who receives remuneration or
21 other compensation either directly or indirectly from any
22 source for participating in the management or operation of
23 the games commits a violation of this Act.
24 (3) No person may receive any remuneration or profit for
25 participating in the management or operation of charitable
26 games, except that if an organization licensed under this Act
27 to conduct bingo is associated with a school or other
28 educational institution, the school or institution may reduce
29 tuition or fees for a designated pupil based on participation
30 in the management or operation of the game by any member of
31 the organization. The extent to which tuition and fees are
32 reduced shall relate proportionately to the amount of time
-35- LRB9112958LDsbam
1 volunteered by the member, as determined by the school or
2 other educational institution.
3 (4) No person under the age of 18 years shall play or
4 participate in games under this Act. A person under the age
5 of 18 years may be within the area where charitable games are
6 being conducted only when accompanied by his or her parent or
7 guardian.
8 (5) Use of electronic gaming devices to play charitable
9 games is prohibited.
10 (6) No one other than the sponsoring organization of
11 charitable games shall have a proprietary interest in the
12 game promoted.
13 (7) Las Vegas Nights games may not be played between the
14 hours of 12:00 a.m. and noon.
15 (8) Each organization conducting charitable games shall
16 post signs with a statement regarding obtaining assistance
17 with gambling problems, the text of which shall be determined
18 by rule by the Department of Human Services, at all entrances
19 and exits at the premises at which charitable games are
20 conducted by the organization. The signs shall be provided
21 by the Department of Human Services.
22 (10) For purposes of pull tabs, jar ticket games, and
23 tipboards, the price paid for a single chance or right to
24 participate in a game licensed under this Act shall not
25 exceed $2. A single prize shall not exceed $500. There
26 shall be no more than 6,000 tickets in a game.
27 (11) The sale of tangible personal property at
28 charitable games is subject to all State and local taxes and
29 obligations.
30 (12) Gambling prohibited by law shall not be conducted
31 on the premises where charitable games are being conducted.
32 (13) For purposes of pull tabs, jar ticket games, and
33 tipboards, pull tabs, jar ticket games, and tipboards shall
34 be conducted only on a single premises that is owned or
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1 occupied by a licensed organization and used by its members
2 as its principle place for general activities and on the
3 premises owned or rented by such organization for conducting
4 its bingo games during the hours licensed for such games or
5 as permitted in subsection (b) of Section 10-5.
6 (14) For purposes of bingo, the aggregate retail value
7 of all prizes or merchandise awarded in any single session of
8 bingo may not exceed $3,250. The prize awarded for any one
9 game may not exceed $1,000 cash or its equivalent. Prizes
10 awarded in pull tabs, jar ticket games, and tipboards shall
11 not be included in the bingo prize limitation.
12 (15) For purposes of bingo, there shall be a one-hour
13 period between each bingo session during which no bingo games
14 shall be conducted. "Bingo session" means a series of up to
15 30 bingo games, including the selling of faces, conducted by
16 a licensed organization. A bingo session shall be conducted
17 only during the time stated on the bingo license.
18 (15-5) A bingo license authorizes a licensed
19 organization to conduct event games at a bingo session, and
20 no more than 3 of those event games may be progressive event
21 games and in no event shall the initial prize in a
22 progressive event game exceed $500.
23 (15-10) The price paid for an event game may not exceed
24 $5. The aggregate retail value of all prizes or merchandise
25 awarded from event games in any single session may not exceed
26 $3,250, not including prize values carried forward from
27 progressive event games. The prize awarded for any one game
28 may not exceed $1,000 cash or its equivalent. Any amounts to
29 be carried over for award during a subsequent session in
30 accordance with a progressive event game may not exceed $500
31 per session. The prize awarded for any one progressive event
32 game may not exceed $10,000.
33 (16) For purposes of bingo, the number of games may not
34 exceed 30 in any one session including regular and special
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1 games, except that this restriction on the number of games
2 shall not apply to bingo conducted at the Illinois State Fair
3 or any county fair held in Illinois.
4 (17) For purposes of bingo, the price paid for a single
5 face under the license may not exceed $2 and such face is
6 valid for all regular games during that session of bingo. A
7 maximum of 5 special games may be held on each bingo day,
8 except that this restriction on the number of special games
9 shall not apply to bingo conducted at the Illinois State Fair
10 or any county fair held in Illinois. The price for a single
11 special game face may not exceed $1.
12 (18) For purposes of bingo, the number of bingo days
13 conducted by a licensee under this Act is limited to one per
14 week, except as follows:
15 (A) Bingo may be conducted in accordance with the
16 terms of a special permit or limited license issued under
17 subsection (b) or (c) of Section 10-10.
18 (B) Bingo may be conducted at the Illinois State
19 Fair or any county fair held in Illinois under subsection
20 (b) of Section 10-10.
21 (C) A licensee that cancels a day of bingo because
22 of inclement weather or because the day is a holiday or
23 the eve of a holiday may conduct bingo on an additional
24 date that occurs within the remaining time of the
25 12-month period of the licensee's license term and that
26 falls on a day of the week other than the day authorized
27 under the license. Licensees canceling a day of bingo
28 shall provide the Department with written verification,
29 signed by an officer of the cancelled event within 10
30 days of the cancellation. "Holiday" means any of the
31 holidays listed in Section 17 of the Promissory Note and
32 Bank Holiday Act.
33 (19) For purposes of bingo, a licensee may rent a
34 premises on which to conduct bingo only from an organization
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1 that is licensed as a provider of premises or exempt from
2 license requirements under this Act. If the organization
3 providing the premises is a metropolitan exposition,
4 auditorium, and office building authority created by State
5 law, a licensee may enter into a rental agreement with the
6 organization authorizing the licensee and the organization to
7 share the gross proceeds of bingo games; however, the
8 organization shall not receive more than 50% of the adjusted
9 gross proceeds.
10 (20) For purposes of bingo, an organization holding a
11 special permit or a limited license may, as one of the
12 occasions allowed by the permit or license, conduct bingo for
13 a maximum of 2 consecutive days, during each day of which the
14 number of games may exceed 30, and regular game faces need
15 not be valid for all regular games. If only noncash prizes
16 are awarded during such occasions, the prize limits stated in
17 item (10) of this Section shall not apply, provided that the
18 retail value of noncash prizes for any single game shall not
19 exceed $150.
20 (21) For purposes of Las Vegas Nights events, bona fide
21 members, volunteers, and employees of the sponsoring
22 organization shall not participate in the management or
23 operation of more than 8 Las Vegas Nights events, either of
24 the sponsoring organization or any other licensed
25 organization, during each calendar year.
26 (22) For purposes of Las Vegas Nights events, no bet at
27 any game may exceed $10 per any occurrence of chance.
28 (23) For purposes of Las Vegas Nights events, a bank
29 shall be established on the premises to convert currency into
30 chips, scrip, or other form of play money which shall then be
31 used to play at games of chance which the participant
32 chooses. Chips, scrip, or play money must be monogrammed with
33 the Department-registered logo of the licensed organization
34 or of the supplier. Each participant must be issued a
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1 single, numbered receipt indicating the amount of chips,
2 scrip, or play money purchased throughout the event.
3 (24) For purposes of Las Vegas Nights events, at the
4 conclusion of the event or when the participant leaves, he or
5 she may cash in his chips, scrip, or play money in exchange
6 for currency not to exceed $250 above the amount he paid for
7 chips, scrip, or play money. Each participant shall sign for
8 any receipt of prizes. The licensee shall provide the
9 Department of Revenue with a listing of all prizes awarded.
10 (25) For purposes of Las Vegas Nights events, each
11 sponsoring organization shall be permitted to conduct 8 Las
12 Vegas Nights events per each 12-month period of the license
13 term.
14 (26) For purposes of Las Vegas Nights events, the
15 provider of the premises may not rent or otherwise provide
16 the premises for the conducting of more than 12 Las Vegas
17 Nights events per each 12-month period of the license term.
18 (27) For purposes of Las Vegas Nights events, Las Vegas
19 nights games are authorized only if they are not expressly
20 prohibited by county ordinance for Las Vegas Nights games
21 conducted in the unincorporated areas of a county, or by
22 municipal ordinance for Las Vegas Nights games conducted in a
23 municipality.
24 (28) For purposes of Las Vegas Nights events, each
25 licensee may offer or conduct only the games listed in this
26 item (28), which must be conducted in accordance with rules
27 promulgated by the Department and rules posted by the
28 organization. The organization sponsoring a Las Vegas Nights
29 event shall promulgate rules and make printed copies
30 available to participants, for the following games: (a)
31 roulette; (b) blackjack; (c) craps; (d) bang; (e) beat the
32 dealer; (f) poker; (g) chuck-a-luck; and (h) wheel games. A
33 licensee need not offer or conduct every game permitted by
34 law. No games other than those listed in this item (28) are
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1 authorized for the purpose of Las Vegas Nights under this
2 Act, and the playing of any other games shall constitute
3 gambling.
4 (29) For purposes of Las Vegas Nights events, no slot
5 machines or coin-in-the-slot-operated devices shall be
6 permitted to be used at the location and during the time at
7 which the Las Vegas Nights games are being conducted.
8 (30) For purposes of Las Vegas Nights events, no cards,
9 dice, wheels, or other equipment may be modified or altered
10 so as to give the licensee a greater advantage in winning,
11 other than as provided under the normal rules of play of a
12 particular game.
13 (31) For purposes of Las Vegas Nights events, no credit
14 shall be extended to any of the participants.
15 (32) For purposes of Las Vegas Nights events, a supplier
16 may have only one representative present at the Las Vegas
17 Nights event for the exclusive purpose of ensuring that its
18 equipment is not damaged.
19 (33) For purposes of Las Vegas Nights events, no
20 employee, owner, or officer of a consultant service hired by
21 a licensed organization to perform services at an event
22 including, but not limited to, security at the event or
23 services before the event including, but not limited to,
24 training for volunteers or advertising, may participate in
25 the management or operation of the games.
26 (34) For purposes of Las Vegas Nights events, card games
27 authorized under this Act shall be played only in the manner
28 established by Department rule. Such card games shall have a
29 dealer who is a qualified person. All other games shall have
30 a game manager who is a qualified person for the purpose of
31 overseeing the conduct of the games.
32 (35) An organization licensed to conduct a Las Vegas
33 Nights event may host an event or events for a corporate
34 sponsor. Such corporate-sponsored events shall be included
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1 in calculating the 8 authorized Las Vegas Nights events per
2 each 12-month period of a license term. A corporate sponsor
3 includes games hosted for a corporation, partnership, firm,
4 association, or other business entity consisting of 2 or more
5 persons. Such event is subject to the following
6 restrictions:
7 (A) The event shall not be open to the public and
8 attendance must be restricted to employees, clients, and
9 guests of the corporate sponsor.
10 (B) No chips, scrip, or play money shall be sold at
11 the event.
12 (C) At the conclusion of the event or when the
13 participants leave, they may exchange their chips, scrip,
14 or play money for noncash prizes only. Chips, scrip, or
15 play money may not be exchanged for currency.
16 (D) Licensees conducting a Las Vegas Nights event
17 for a corporate sponsor must comply with all restrictions
18 and conditions to which other Las Vegas Nights events
19 licensees are subject, except that a person who solely
20 provides premises for a licensee who is conducting a Las
21 Vegas Nights event for a corporate sponsor is not
22 required to obtain a license as provided in subsection
23 (d) of Section 10-15 of this Act and except that such
24 licensees need not comply with the requirements of
25 paragraph (4), subsection (b) of Section 25-5 of this
26 Act. The Department shall promulgate rules as may be
27 necessary to administer and enforce this paragraph.
28 (36) An organization licensed under this Act may obtain
29 persons to provide security at events for equipment and
30 money, chips or scrip used in the conducting of Las Vegas
31 Nights games; however, such persons must be private security
32 contractors licensed under the Private Detective, Private
33 Alarm, Private Security, and Locksmith Act of 1993, as
34 amended, or certified Illinois state, county or municipal law
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1 enforcement officers.
2 ARTICLE 35. TAXATION; RETURNS
3 Section 35-5. Pull tabs, jar ticket games, and tipboards
4 returns and reports.
5 (a) There shall be paid to the Department of Revenue 5%
6 of the ideal net proceeds of any pull tabs, jar ticket games,
7 and tipboard deal sold by licensed suppliers to licensed
8 organizations under this Act. Such payments shall be made
9 monthly and are due by the 30th day of each month. A
10 supplier filing a return under this Section shall, at the
11 time of filing the return, pay to the Department the amount
12 of tax imposed by this Section less a discount of 1.75%,
13 which is allowed to reimburse the supplier for the expenses
14 incurred in keeping records, preparing and filing returns,
15 and remitting the tax. Accompanying each tax return shall be
16 a report listing the name of the licensee to whom tickets are
17 sold, the serial numbers of the pull tabs sold to the
18 licensee, the date of the sale to the licensee, the name of
19 the manufacturer of the pull tabs, and such other information
20 as the Department of Revenue may by rule require.
21 Information required by the report shall be filed by
22 submitting appropriate computer-generated magnetic media,
23 unless, as provided by rule, the Department grants an
24 exception upon petition of the taxpayer. The Department
25 shall promulgate rules regarding the format of the
26 computer-generated magnetic media. Returns and all required
27 report information shall be filed under penalty of perjury.
28 Failure to submit either the payment or the report within the
29 specified time may result in suspension or revocation of the
30 license.
31 (b) All payments made to the Department of Revenue under
32 this Section shall be deposited as follows:
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1 (1) 50% shall be deposited in the Common School
2 Fund; and
3 (2) 50% shall be deposited in the Illinois Gaming
4 Law Enforcement Fund.
5 Of the moneys deposited in the Illinois Gaming Law
6 Enforcement Fund under this Section, the General Assembly
7 shall appropriate two-thirds to the Department of Revenue,
8 the Department of State Police, and the Office of the
9 Attorney General for State law enforcement purposes, and
10 one-third shall be appropriated to the Department of Revenue
11 for the purpose of distribution in the form of grants to
12 counties or municipalities for law enforcement purposes. The
13 amounts of grants to counties or municipalities shall bear
14 the same ratio as the number of licenses issued in counties
15 or municipalities bears to the total number of licenses
16 issued in the State. In computing the number of licenses
17 issued in a county, licenses issued for locations within a
18 municipality's boundaries shall be excluded.
19 (c) Licensed organizations are required to submit a
20 quarterly informational report with the Department. The
21 informational report shall contain the bar code appearing on
22 each deal or flare of pull tabs, jar ticket games, and
23 tipboards that were sold during the immediately preceding
24 calendar quarter and such other information as the Department
25 may by rule require. Such reports shall be submitted to the
26 Department under penalty of perjury. Such reports shall be
27 submitted to the Department 4 times per year, by the 30th day
28 of April, July, October, and January. Failure to submit a
29 complete informational report within the specified time may
30 result in suspension or revocation of the license. The
31 Department shall issue a warning to a licensed organization
32 the first time the licensed organization fails to submit the
33 bar code appearing on each deal or flare of pull tabs, jar
34 ticket games, and tipboards that were sold during the
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1 immediately preceding calendar quarter. For each subsequent
2 failure to submit the bar code, the licensed organization
3 shall be subject to a civil penalty equal to the amount of
4 the ideal net proceeds of the deal for which the bar code was
5 not submitted on the report.
6 (d) Licensed manufacturers of pull tabs are required to
7 submit a monthly informational report with the Department.
8 The informational report shall contain the serial numbers of
9 all pull tabs, jar ticket games, and tipboards sold during
10 the preceding calendar month to licensed suppliers and such
11 other information as the Department may by rule require.
12 Such reports are due by the 20th day of the month following
13 the month for which the report is filed. They shall be
14 submitted to the Department under penalty of perjury.
15 Information required by the report shall be filed by
16 submitting appropriate computer-generated magnetic media,
17 unless, as provided by rule, the Department grants an
18 exception upon petition of the taxpayer. The Department
19 shall promulgate rules regarding the format of the
20 computer-generated magnetic media.
21 Section 35-10. Bingo tax.
22 (a) There shall be paid to the Department of Revenue 5%
23 of the adjusted gross proceeds of each bingo session,
24 including adjusted gross proceeds from each game of bingo and
25 each event game conducted under the provisions of this Act.
26 Such payments shall be made 4 times per year, between the
27 first and the 30th day of April, July, October, and January.
28 Accompanying each payment shall be a report, on forms
29 provided by the Department of Revenue, listing the number of
30 games conducted, the gross income derived, the value of
31 prizes awarded, and such other information as the Department
32 of Revenue may require. Failure to submit either the payment
33 or the report within the specified time may result in
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1 suspension or revocation of the license.
2 (b) Of the sums collected under this Section, 50% shall
3 be deposited into the Mental Health Fund and 50% of all of
4 the sums collected under this Section shall be deposited into
5 the Common School Fund.
6 Section 35-15. Las Vegas Nights events tax.
7 (a) There shall be paid to the Department of Revenue 5%
8 of the adjusted gross proceeds of Las Vegas Nights games
9 conducted under the provisions of this Act. Such payments
10 shall be made within 30 days after the completion of the
11 games. Accompanying each payment shall be a report, on forms
12 provided by the Department, listing the games conducted, the
13 gross income derived, and such other information as the
14 Department may require. Failure to submit either the payment
15 or the report within the specified time may result in
16 suspension or revocation of the license and may be used in
17 future considerations for renewal of the license.
18 (b) All sums collected under this Section shall be
19 deposited into the Illinois Gaming Law Enforcement Fund.
20 ARTICLE 40. RECORDKEEPING REQUIREMENTS
21 Section 40-5. Recordkeeping requirements.
22 (a) Each licensed organization must keep a complete
23 record of charitable games conducted within the previous 3
24 years. Such records shall be open to inspection by any agent
25 or employee of the Department of Revenue during reasonable
26 business hours. Any agent or employee of the Department may
27 visit the premises and inspect such records during, and for a
28 reasonable time before and after, charitable games. Gross
29 proceeds of charitable games shall be segregated from other
30 revenues of the licensee and shall be placed in a separate
31 account.
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1 (b) The Department may establish rules requiring that
2 any person, organization, or corporation licensed under this
3 Act obtain from a certified public accountant at its own
4 expense a certified and unqualified financial statement and
5 verification of records of such organization. Failure of a
6 charitable games licensee to comply with this requirement
7 within 90 days of receiving notice from the Department may
8 result in suspension or revocation of the licensee's license
9 and forfeiture of all proceeds.
10 (c) To ensure that the organization to whom equipment is
11 sold, leased, lent, or distributed or to whom premises are
12 provided is licensed for charitable gaming, suppliers and
13 providers licensed under this Act shall obtain from the
14 licensed organization and retain among their books and
15 records, a copy of the organization's license showing the
16 license number, expiration date, and event date for which the
17 equipment was sold, leased, lent, or distributed or for which
18 premises were provided.
19 ARTICLE 45. SUSPENSION; REVOCATION
20 Section 45-5. Suspension; revocation. The Department of
21 Revenue may revoke or suspend any license when it finds that
22 the licensee or any person connected therewith has violated
23 or is violating the provisions of this Act or any rule
24 promulgated under this Act. The decision to revoke or
25 suspend, and the duration of any suspension, shall be made by
26 taking into account factors that include, but are not limited
27 to, the licensee's previous history of compliance with the
28 Act and rules, the number, seriousness, and duration of the
29 violations, and the licensee's cooperation in discontinuing
30 and correcting the violations. A revocation or suspension
31 shall be in addition to, and not in lieu of, any other civil
32 penalties or assessments that are authorized by this Act.
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1 The Department shall promulgate rules for determining the
2 manner in which sanctions shall be imposed.
3 ARTICLE 50. CIVIL AND CRIMINAL PENALTIES
4 Section 50-5. Civil penalties.
5 (a) Any organization that conducts charitable games
6 without first obtaining a license to do so or which continues
7 to conduct such games after revocation of its license or any
8 organization licensed to conduct games that allows any form
9 of illegal gambling to be conducted on the premises where
10 such games are being conducted shall, in addition to other
11 penalties provided, be subject to a civil penalty equal to
12 the amount of adjusted gross proceeds derived on that day
13 from such games and any other illegal game that may have been
14 conducted as well as seizure and forfeiture to the Department
15 of all money or other thing of value integrally related to
16 the playing of such games, including, but not limited to,
17 seizure and forfeiture of all gaming equipment used in the
18 conduct of unlicensed games. Any forfeited property that is
19 incapable of lawful use shall be destroyed.
20 (b) All property used in playing unauthorized Las Vegas
21 Nights games or used in playing authorized Las Vegas Nights
22 games, bingo, event game, pull tabs or jar ticket game, or
23 tipboard when not conducted or managed by a qualified person,
24 together with any money or other thing of value integrally
25 related to the playing of such unauthorized games or
26 authorized games not managed or conducted by a qualified
27 person shall be seized by the Department and forfeited to it.
28 Any forfeited property that is incapable of lawful use shall
29 be destroyed.
30 (c) Any person or organization that provides premises
31 for the conduct of games without first obtaining a license to
32 do so or having a provider's license that allows unlicensed
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1 organizations to conduct games on his or her premises or
2 allows any form of illegal gambling to be conducted on the
3 premises where games are being played shall, in addition to
4 other penalties provided, be subject to a civil penalty of
5 $5,000.
6 (d) Any person who violates any provision of this Act or
7 knowingly violates any rule of the Department for the
8 administration of this Act shall, in addition to other
9 penalties provided, be subject to a civil penalty in the
10 amount of $250 for each separate violation. Persons subject
11 to this provision include, but are not limited to, sponsoring
12 organizations, volunteers, any licensee under this Act, and
13 any other person or organization.
14 (e) Any agent or employee of the Department may
15 terminate any Las Vegas Nights event, bingo game, event game,
16 pull tabs or jar ticket game, or tipboard that is not
17 conducted in accordance with this Act and rules promulgated
18 thereunder, or at which games not authorized under this Act
19 are being conducted or, where authorized, are not being
20 managed or conducted by qualified persons.
21 (f) Pull tab tickets, jar game tickets, and tipboard
22 tickets that are not imprinted in accordance with this Act
23 and all flares not imprinted or affixed in accordance with
24 this Act shall be seized by the Department and forfeited to
25 it.
26 (g) All civil penalties, all moneys forfeited, and all
27 moneys obtained from the sale of forfeited items listed in
28 this Section shall be paid into the Gaming Enforcement Fund.
29 (h) All civil penalties imposed under this Act shall
30 become final unless the person against whom a civil penalty
31 has been assessed makes a written request for a hearing
32 within 60 days after the date the Department mailed the
33 notice of its action.
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1 Section 50-10. Criminal penalties.
2 (a) Any person who knowingly conducts or participates in
3 an unlicensed charitable game commits the offense of gambling
4 in violation of Section 28-1 of the Criminal Code of 1961.
5 (b) Any person who knowingly sells, leases, or
6 distributes for compensation within this State or knowingly
7 possesses any chips, representations of money, wheels, or any
8 devices or equipment designed for use or used in the play of
9 Las Vegas Nights games without first having obtained a
10 license to do so from the Department, is guilty of a Class A
11 misdemeanor.
12 (c) Any person who signs or who submits to the
13 Department an application for any license under this Act that
14 such person knows contains a false statement is guilty of a
15 Class A misdemeanor.
16 (d) Any employee, member, or volunteer of an
17 organization licensed under this Act to conduct charitable
18 games who knowingly allows any person who is not a qualified
19 person to participate in managing or conducting a charitable
20 game is guilty of a Class A misdemeanor.
21 (e) Any person who knowingly participates in the
22 management or conduct of a charitable game who is not a
23 qualified person is guilty of a Class A misdemeanor for the
24 first offense and a Class 4 felony for the second or any
25 subsequent offense.
26 (f) Any person, other than a manufacturer who holds a
27 license from the Department to manufacture pull tabs, jar
28 ticket games, or tipboards, who knowingly possesses any pull
29 tab ticket, jar game ticket, or tipboard ticket that is not
30 imprinted as required by this Act or any person who knowingly
31 possesses any flare that is not imprinted or affixed as
32 required by this Act is guilty of a Class A misdemeanor.
33 (g) Any licensed manufacturer of pull tab tickets, jar
34 game tickets, or tipboard tickets who knowingly sells such
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1 pull tab tickets, jar game tickets, or tipboard tickets to
2 any person located in Illinois other than a supplier licensed
3 by the Department or any licensed supplier of pull tab
4 tickets, jar game tickets, or tipboard tickets who knowingly
5 sells pull tab tickets, jar game tickets, or tipboard tickets
6 to any person located in Illinois who is not licensed by the
7 Department to conduct pull tabs, jar ticket games, or
8 tipboards or any organization licensed to conduct pull tabs,
9 jar tickets games, or tipboards or any officer, agent, or
10 employee of such organization who knowingly purchases pull
11 tab tickets, jar game tickets, or tipboards from any person
12 located in Illinois who is not a supplier licensed by the
13 Department shall be guilty of a Class A misdemeanor for the
14 first offense and a Class 4 felony for the second or any
15 subsequent offense.
16 (h) Any employee, member, or volunteer of an
17 organization licensed to conduct Las Vegas Night events who
18 knowingly allows the playing of any games at a Las Vegas
19 Night event other than those authorized in this Act shall be
20 guilty of a Class A misdemeanor.
21 (i) Any person who knowingly fails to file any return or
22 report required to be filed under this Act or any officer,
23 agent, or employee of any corporation, partnership,
24 association, labor organization, or limited liability company
25 who, as such officer, agent, or employee is under a duty from
26 such entity to file any return or report required to be filed
27 by this Act and who knowingly fails to file such return or
28 report on or before the date upon which such return or report
29 is required to be filed is guilty of a Class A misdemeanor if
30 the return or report is an informational return or report or
31 if the amount of tax due is less than $300.
32 (j) Any person who knowingly fails to file any return or
33 report required to be filed under this Act or any officer,
34 agent, or employee of any corporation, partnership,
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1 association, labor organization, or limited liability company
2 who, as such officer, agent, or employee is under a duty from
3 such entity to file any return or report required to be filed
4 by this Act and who knowingly fails to file such return or
5 report on or before that date upon which such return or
6 report is required to be filed is guilty of a Class 4 felony
7 if the amount of tax due is $300 or more.
8 (k) Any person who files any return, report, or
9 statement with the Department that he or she knows is false
10 as to any material fact is guilty of a Class 3 felony.
11 (l) Any person who knowingly attempts in any manner to
12 evade or defeat any tax imposed by this Act or the payment
13 thereof is guilty of a Class 2 felony.
14 (m) A prosecution for any act in violation of this
15 Section may be commenced at any time within 3 years of the
16 commission of that act. In a prosecution for tax evasion
17 under this Act, the prosecution may be commenced at any time
18 within 3 years of the last act of evasion.
19 (n) A prosecution for failing to file any return or
20 report required to be filed under this Act shall be tried in
21 any county where the return or report could have been filed
22 with the Department. A prosecution for making a false
23 application to the Department or for filing a false return,
24 report, or statement with the Department shall be tried in
25 the county where the Department office that received the
26 false application, return, report or statement is located or
27 the county in which the person signing the application,
28 return, report, or statement resides. A prosecution for tax
29 evasion under this Act may be tried in any county in which
30 any act in furtherance of evasion is committed. A
31 prosecution for any other violation of this Section shall be
32 tried in the county in which the act occurred.
33 ARTICLE 55. HEARINGS
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1 Section 55-5. Revocation; suspension; denial hearings.
2 (a) The Department may, after notice and a hearing as
3 provided herein, revoke or suspend the license of any person
4 licensed under this Act who violates any of the provisions of
5 this Act, whose application is found to have contained any
6 false statement, or who has become ineligible for any reason
7 while the license is in effect. The Department shall deny
8 the application, including a renewal application, of any
9 person or organization that does not satisfy all eligibility
10 requirements for the license for which application is made or
11 is otherwise ineligible for a license. Notices of denial,
12 suspension, or revocation shall be sent by certified mail,
13 return receipt requested, to the applicant or licensee at the
14 mailing address stated on the applicant's or licensee's most
15 recent license application. All such notices shall include a
16 statement of the reasons for the Department's action. The
17 effective date of a revocation or suspension shall be not
18 less than 25 days after the date the Department mails notice
19 to the licensee.
20 (b) An applicant or licensee may request a hearing to
21 contest a denial, suspension, or revocation. The request
22 shall be in writing and must be received by the Department
23 within 20 days after the date the Department mailed the
24 notice of its action to the applicant or licensee. If no
25 hearing is requested within 20 days, the Department's
26 revocation, suspension, or denial becomes final and the
27 licensee is barred from operating.
28 (c) Unless the license of the licensee has expired or
29 will expire during the pendency of the hearing, the licensee
30 may continue to operate as long as the licensee continues to
31 file required renewal applications and make payments.
32 However, if the Department determines that a summary
33 suspension or revocation is warranted, as provided in Section
34 1065 of the Illinois Administrative Procedure Act, the
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1 licensee shall cease all activities. Hearings on summary
2 suspensions and revocations shall be initiated within 90 days
3 of the revocation date.
4 Section 55-10. Civil penalties; confiscation hearings.
5 (a) In accordance with subsection (d) of Section 50-5 of
6 this Act, the Department is authorized to impose a civil
7 penalty in the amount of $250 for each violation when a
8 licensee violates the Act or knowingly violates any rule of
9 the Department for the administration of the Act.
10 (b) When charitable games equipment or property
11 integrally related to the operation of charitable games is
12 seized and forfeited to the State under subsection (a), (b),
13 or (f) of Section 50-5 of this Act or a civil penalty is
14 imposed under subsection (c) of Section 50-5 of this Act, the
15 owner or owners of the equipment at the time of seizure or at
16 the time a civil penalty is assessed may, within 60 days of
17 the date of seizure or imposition of the penalty, request, in
18 writing, a hearing. The Department's action shall become
19 final unless such a written request for a hearing has been
20 made. The sole issue at such hearing shall be whether
21 charitable games were conducted without a license or under a
22 suspended or revoked license, whether pull tabs, jar ticket
23 games, and tipboards tickets have not been imprinted in
24 accordance with this Act or flares have not been properly
25 stamped, whether illegal gambling was conducted at an
26 otherwise properly licensed charitable games event, or
27 whether charitable games were managed or operated by someone
28 other than a qualified person.
29 Section 55-15. Conduct of hearings. All hearings held
30 under this Act shall be held in accordance with rules
31 established by the Department. Notice of assessment of a
32 civil penalty shall be sent by certified mail, return receipt
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1 requested, to the mailing address stated on the licensee's
2 most recent license application or the person's last known
3 address as indicated by the Department's books and records.
4 All such notices shall include a statement of the reasons for
5 the Department's action.
6 ARTICLE 60. LAW ENFORCEMENT AGENCY ACTION
7 Section 60-5. Law enforcement agency action. Any law
8 enforcement agency that takes action relating to the
9 operation of a charitable game shall notify the Department
10 and specify the extent of the action taken and the reasons
11 for the action.
12 ARTICLE 65. SEVERABILITY
13 Section 65-5. Severability. If any clause, sentence,
14 Section, provision or part of this Act, or the application
15 thereof to any person or circumstance, shall be adjudged to
16 be unconstitutional, the remainder of this Act or its
17 application to persons or circumstances other than those to
18 which it is held invalid shall not be affected thereby.
19 ARTICLE 70. INCORPORATION BY REFERENCE
20 Section 70-5. Incorporation by reference. The
21 provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
22 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers'
23 Occupation Tax Act that are not inconsistent with this Act
24 and all of the provisions of the Uniform Penalty and Interest
25 Act shall apply, as far as practicable, to the subject matter
26 of this Act to the same extent as if such provisions were
27 included in this Act. Tax returns and reports filed pursuant
28 to this Act shall not be confidential and shall be available
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1 for public inspection. For the purposes of this Act,
2 references in such incorporated Sections of the Retailers'
3 Occupation Tax Act to retailers, sellers, or persons engaged
4 in the business of selling tangible personal property means
5 persons engaged in conducting any of the games enumerated in
6 this Act and references in such incorporated Sections of the
7 Retailers' Occupation Tax Act to sales of tangible personal
8 property mean the conducting of such games and the making of
9 charges for playing such games.
10 ARTICLE 72. RULES
11 Section 72-5. Rules. The Department shall promulgate
12 reasonable rules as may be necessary to administer and
13 enforce this Act.
14 ARTICLE 75. ILLINOIS ADMINISTRATIVE PROCEDURE ACT
15 Section 75-5. Illinois Administrative Procedure Act;
16 applications. The Illinois Administrative Procedure Act
17 shall apply to all administrative rules and procedures of the
18 Department of Revenue under this Act, except that (1)
19 subsection (b) of Section 5-10 of the Illinois Administrative
20 Procedure Act does not apply to final orders, decisions, and
21 opinions of the Department, (2) item (ii) of subsection (a)
22 of Section 5-10 of the Illinois Administrative Procedure Act
23 does not apply to forms established by the Department for use
24 under this Act, (3) the provisions of Section 10-45 of the
25 Illinois Administrative Procedure Act regarding proposals for
26 decision are excluded and not applicable to the Department
27 under this Act, and (4) the provisions of subsection (c) of
28 Section 10-65 of the Illinois Administrative Procedure Act do
29 not apply to prevent summary suspension of any license
30 pending revocation or other action, which suspension shall
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1 remain in effect unless modified by the Department or unless
2 the Department's decision is reversed on the merits in
3 proceedings conducted pursuant to the Administrative Review
4 Law.
5 ARTICLE 80. AMENDATORY PROVISIONS
6 Section 80-5. The Raffles Act is amended by changing
7 Section 1 as follows:
8 (230 ILCS 15/1) (from Ch. 85, par. 2301)
9 Sec. 1. Definitions.) For the purposes of this Act the
10 terms defined in this Section have the meanings given them.
11 "Net Proceeds" means the gross receipts from the conduct
12 of raffles, less reasonable sums expended for prizes, local
13 license fees and other reasonable operating expenses incurred
14 as a result of operating a raffle.
15 "Raffle" means a form of lottery, as defined in Section
16 28-2 (b) of the "Criminal Code of 1961", conducted by an
17 organization licensed under this Act, in which:
18 (1) the player pays or agrees to pay something of value
19 for a chance, represented and differentiated by a number or
20 by a combination of numbers printed on a single tear-apart
21 ticket or by some other medium, one or more of which chances
22 is to be designated the winning chance; and
23 (2) the winning chance is to be determined through a
24 drawing whereby one portion of the single tear-apart ticket
25 is deposited into a receptacle from which the winning tickets
26 are drawn and the other portion is held by the purchaser to
27 match against those drawn or by some other method based on an
28 element of chance by an act or set of acts on the part of
29 persons conducting or connected with the lottery, except that
30 the winning chance shall not be determined by the outcome of
31 a publicly exhibited sporting contest.
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1 (Source: P.A. 81-1365.)
2 Section 80-7. The Illinois Pull Tabs and Jar Games Act
3 is amended by adding Section 1.05 as follows:
4 (230 ILCS 20/1.05 new)
5 Sec. 1.05. On and after January 1, 2001, the tax imposed
6 under this Act and the licensing requirements imposed under
7 this Act shall no longer be imposed; however, all other
8 provisions, including but not limited to collection,
9 remittance, and enforcement provisions shall continue in full
10 force and effect for any liabilities and penalties incurred
11 before January 1, 2001.
12 Section 80-8. The Bingo License and Tax Act is amended
13 by adding Section .05 as follows:
14 (230 ILCS 25/.05 new)
15 Sec. .05. On and after January 1, 2001, the tax imposed
16 under this Act and the licensing requirements imposed under
17 this Act shall no longer be imposed; however, all other
18 provisions, including but not limited to collection,
19 remittance, and enforcement provisions shall continue in full
20 force and effect for any liabilities and penalties incurred
21 before January 1, 2001.
22 Section 80-9. The Charitable Games Act is amended by
23 adding Section .05 as follows:
24 (230 ILCS 30/.05 new)
25 Sec. .05. On and after January 1, 2001, the tax imposed
26 under this Act and the licensing requirements imposed under
27 this Act shall no longer be imposed; however, all other
28 provisions, including but not limited to collection,
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1 remittance, and enforcement provisions shall continue in full
2 force and effect for any liabilities and penalties incurred
3 before January 1, 2001.
4 Section 80-10. The Criminal Code of 1961 is amended by
5 changing Section 28-1 as follows:
6 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
7 Sec. 28-1. Gambling.
8 (a) A person commits gambling when he:
9 (1) Plays a game of chance or skill for money or
10 other thing of value, unless excepted in subsection (b)
11 of this Section; or
12 (2) Makes a wager upon the result of any game,
13 contest, or any political nomination, appointment or
14 election; or
15 (3) Operates, keeps, owns, uses, purchases,
16 exhibits, rents, sells, bargains for the sale or lease
17 of, manufactures or distributes any gambling device; or
18 (4) Contracts to have or give himself or another
19 the option to buy or sell, or contracts to buy or sell,
20 at a future time, any grain or other commodity
21 whatsoever, or any stock or security of any company,
22 where it is at the time of making such contract intended
23 by both parties thereto that the contract to buy or sell,
24 or the option, whenever exercised, or the contract
25 resulting therefrom, shall be settled, not by the receipt
26 or delivery of such property, but by the payment only of
27 differences in prices thereof; however, the issuance,
28 purchase, sale, exercise, endorsement or guarantee, by or
29 through a person registered with the Secretary of State
30 pursuant to Section 8 of the Illinois Securities Law of
31 1953, or by or through a person exempt from such
32 registration under said Section 8, of a put, call, or
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1 other option to buy or sell securities which have been
2 registered with the Secretary of State or which are
3 exempt from such registration under Section 3 of the
4 Illinois Securities Law of 1953 is not gambling within
5 the meaning of this paragraph (4); or
6 (5) Knowingly owns or possesses any book,
7 instrument or apparatus by means of which bets or wagers
8 have been, or are, recorded or registered, or knowingly
9 possesses any money which he has received in the course
10 of a bet or wager; or
11 (6) Sells pools upon the result of any game or
12 contest of skill or chance, political nomination,
13 appointment or election; or
14 (7) Sets up or promotes any lottery or sells,
15 offers to sell or transfers any ticket or share for any
16 lottery; or
17 (8) Sets up or promotes any policy game or sells,
18 offers to sell or knowingly possesses or transfers any
19 policy ticket, slip, record, document or other similar
20 device; or
21 (9) Knowingly drafts, prints or publishes any
22 lottery ticket or share, or any policy ticket, slip,
23 record, document or similar device, except for such
24 activity related to lotteries, bingo games and raffles
25 authorized by and conducted in accordance with the laws
26 of Illinois or any other state or foreign government; or
27 (10) Knowingly advertises any lottery or policy
28 game, except for such activity related to lotteries,
29 bingo games and raffles authorized by and conducted in
30 accordance with the laws of Illinois or any other state;
31 or
32 (11) Knowingly transmits information as to wagers,
33 betting odds, or changes in betting odds by telephone,
34 telegraph, radio, semaphore or similar means; or
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1 knowingly installs or maintains equipment for the
2 transmission or receipt of such information; except that
3 nothing in this subdivision (11) prohibits transmission
4 or receipt of such information for use in news reporting
5 of sporting events or contests; or
6 (12) Knowingly establishes, maintains, or operates
7 an Internet site that permits a person to play a game of
8 chance or skill for money or other thing of value by
9 means of the Internet or to make a wager upon the result
10 of any game, contest, political nomination, appointment,
11 or election by means of the Internet.
12 (b) Participants in any of the following activities
13 shall not be convicted of gambling therefor:
14 (1) Agreements to compensate for loss caused by the
15 happening of chance including without limitation
16 contracts of indemnity or guaranty and life or health or
17 accident insurance;
18 (2) Offers of prizes, award or compensation to the
19 actual contestants in any bona fide contest for the
20 determination of skill, speed, strength or endurance or
21 to the owners of animals or vehicles entered in such
22 contest;
23 (3) Pari-mutuel betting as authorized by the law of
24 this State;
25 (4) Manufacture of gambling devices, including the
26 acquisition of essential parts therefor and the assembly
27 thereof, for transportation in interstate or foreign
28 commerce to any place outside this State when such
29 transportation is not prohibited by any applicable
30 Federal law;
31 (5) (Blank) The game commonly known as "bingo",
32 when conducted in accordance with the Bingo License and
33 Tax Act;
34 (6) Lotteries when conducted by the State of
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1 Illinois in accordance with the Illinois Lottery Law;
2 (7) Possession of an antique slot machine that is
3 neither used nor intended to be used in the operation or
4 promotion of any unlawful gambling activity or
5 enterprise. For the purpose of this subparagraph (b)(7),
6 an antique slot machine is one manufactured 25 years ago
7 or earlier;
8 (8) Raffles when conducted in accordance with the
9 Raffles Act;
10 (9) Pull tabs, jar ticket games, tipboards, bingo,
11 event games, or Las Vegas Nights events Charitable games
12 when conducted in accordance with the Omnibus Charitable
13 Gaming Games Act;
14 (10) (Blank) Pull tabs and jar games when conducted
15 under the Illinois Pull Tabs and Jar Games Act; or
16 (11) Gambling games conducted on riverboats when
17 authorized by the Riverboat Gambling Act.
18 (c) Sentence.
19 Gambling under subsection (a)(1) or (a)(2) of this
20 Section is a Class A misdemeanor. Gambling under any of
21 subsections (a)(3) through (a)(11) of this Section is a Class
22 A misdemeanor. A second or subsequent conviction under any
23 of subsections (a)(3) through (a)(11), is a Class 4 felony.
24 Gambling under subsection (a)(12) of this Section is a Class
25 A misdemeanor. A second or subsequent conviction under
26 subsection (a)(12) is a Class 4 felony.
27 (d) Circumstantial evidence.
28 In prosecutions under subsection (a)(1) through (a)(12)
29 of this Section circumstantial evidence shall have the same
30 validity and weight as in any criminal prosecution.
31 (Source: P.A. 91-257, eff. 1-1-00.)
32 ARTICLE 99. EFFECTIVE DATE
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1 Section 99-5. Effective date. This Act takes effect
2 January 1, 2001.".