Rep. Norine K. Hammond

Filed: 3/8/2023

 

 


 

 


 
10300HB1803ham001LRB103 28038 BMS 58032 a

1
AMENDMENT TO HOUSE BILL 1803

2    AMENDMENT NO. ______. Amend House Bill 1803 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Video Gaming Act is amended by changing
5Section 45 as follows:
 
6    (230 ILCS 40/45)
7    Sec. 45. Issuance of license.
8    (a) The burden is upon each applicant to demonstrate his
9suitability for licensure. Each video gaming terminal
10manufacturer, distributor, supplier, operator, handler,
11licensed establishment, licensed truck stop establishment,
12licensed large truck stop establishment, licensed fraternal
13establishment, and licensed veterans establishment shall be
14licensed by the Board. The Board may issue or deny a license
15under this Act to any person pursuant to the same criteria set
16forth in Section 9 of the Illinois Gambling Act.

 

 

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1    (a-5) The Board shall not grant a license to a person who
2has facilitated, enabled, or participated in the use of
3coin-operated devices for gambling purposes or who is under
4the significant influence or control of such a person. For the
5purposes of this Act, "facilitated, enabled, or participated
6in the use of coin-operated amusement devices for gambling
7purposes" means that the person has been convicted of any
8violation of Article 28 of the Criminal Code of 1961 or the
9Criminal Code of 2012. If there is pending legal action
10against a person for any such violation, then the Board shall
11delay the licensure of that person until the legal action is
12resolved.
13    (b) Each person seeking and possessing a license as a
14video gaming terminal manufacturer, distributor, supplier,
15operator, handler, licensed establishment, licensed truck stop
16establishment, licensed large truck stop establishment,
17licensed fraternal establishment, or licensed veterans
18establishment shall submit to a background investigation
19conducted by the Board with the assistance of the Illinois
20State Police or other law enforcement. To the extent that the
21corporate structure of the applicant allows, the background
22investigation shall include any or all of the following as the
23Board deems appropriate or as provided by rule for each
24category of licensure: (i) each beneficiary of a trust, (ii)
25each partner of a partnership, (iii) each member of a limited
26liability company, (iv) each director and officer of a

 

 

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1publicly or non-publicly held corporation, (v) each
2stockholder of a non-publicly held corporation, (vi) each
3stockholder of 5% or more of a publicly held corporation, or
4(vii) each stockholder of 5% or more in a parent or subsidiary
5corporation.
6    (c) Each person seeking and possessing a license as a
7video gaming terminal manufacturer, distributor, supplier,
8operator, handler, licensed establishment, licensed truck stop
9establishment, licensed large truck stop establishment,
10licensed fraternal establishment, or licensed veterans
11establishment shall disclose the identity of every person,
12association, trust, corporation, or limited liability company
13having a greater than 1% direct or indirect pecuniary interest
14in the video gaming terminal operation for which the license
15is sought. If the disclosed entity is a trust, the application
16shall disclose the names and addresses of the beneficiaries;
17if a corporation, the names and addresses of all stockholders
18and directors; if a limited liability company, the names and
19addresses of all members; or if a partnership, the names and
20addresses of all partners, both general and limited.
21    (d) No person may be licensed as a video gaming terminal
22manufacturer, distributor, supplier, operator, handler,
23licensed establishment, licensed truck stop establishment,
24licensed large truck stop establishment, licensed fraternal
25establishment, or licensed veterans establishment if that
26person has been found by the Board to:

 

 

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1        (1) have a background, including a criminal record,
2    reputation, habits, social or business associations, or
3    prior activities that pose a threat to the public
4    interests of the State or to the security and integrity of
5    video gaming;
6        (2) create or enhance the dangers of unsuitable,
7    unfair, or illegal practices, methods, and activities in
8    the conduct of video gaming; or
9        (3) present questionable business practices and
10    financial arrangements incidental to the conduct of video
11    gaming activities.
12    (e) Any applicant for any license under this Act has the
13burden of proving his or her qualifications to the
14satisfaction of the Board. The Board may adopt rules to
15establish additional qualifications and requirements to
16preserve the integrity and security of video gaming in this
17State.
18    (f) A non-refundable application fee shall be paid at the
19time an application for a license is filed with the Board in
20the following amounts:
21        (1) Manufacturer..........................$5,000
22        (2) Distributor...........................$5,000
23        (3) Terminal operator.....................$5,000
24        (4) Supplier..............................$2,500
25        (5) Technician..............................$100
26        (6) Terminal Handler........................$100

 

 

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1        (7) Licensed establishment, licensed truck stop
2    establishment, licensed large truck stop establishment,
3    licensed fraternal establishment, or licensed
4    veterans establishment...............................$100
5        (8) Sales agent and broker.......................$100
6    (g) The Board shall establish an annual fee for each
7license not to exceed the following:
8        (1) Manufacturer.........................$10,000
9        (2) Distributor..........................$10,000
10        (3) Terminal operator.....................$5,000
11        (4) Supplier..............................$2,000
12        (5) Technician..............................$100
13        (6) Licensed establishment, licensed truck stop
14    establishment, licensed large truck stop establishment,
15    licensed fraternal establishment, or licensed
16    veterans establishment..........................$100
17        (7) Video gaming terminal...................$100
18        (8) Terminal Handler............................$100 
19        (9) Sales agent and broker.......................$100
20    (h) A terminal operator and a licensed establishment,
21licensed truck stop establishment, licensed large truck stop
22establishment, licensed fraternal establishment, or licensed
23veterans establishment shall equally split the fees specified
24in item (7) of subsection (g).
25    (i) When processing applications for a license and issuing
26licenses to licensed establishments, the Board shall

 

 

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1prioritize the issuance of a license to a licensed
2establishment with a single location if that establishment's
3license application is necessitated by a change of ownership
4of the single location establishment.
5(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21;
6102-689, eff. 12-17-21.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".