Public Act 093-0742
 
HB3865 Enrolled LRB093 13358 LRD 18873 b

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

Effective Date: 7/15/2004