093_HB2422

                                     LRB093 03655 LRD 08167 b

 1        AN ACT in relation to games of chance.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Video Gaming Act.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Board" means the Illinois Gaming Board.
 8        "Credit" means 5, 10, or 25 cents either won or purchased
 9    by a player.
10        "Distributor"   means   an   individual,  partnership  or
11    corporation licensed under this Act to buy, sell,  lease,  or
12    distribute video gaming terminals to terminal operators.
13        "Terminal  operator"  means an individual, partnership or
14    corporation that is licensed under this Act  and  that  owns,
15    services,  and maintains video gaming terminals for placement
16    in    licensed     establishments,     licensed     fraternal
17    establishments, or licensed veterans establishments.
18        "Licensed  technician"  means on individual, partnership,
19    or corporation that is licensed  under  this  Act  to  repair
20    video gaming terminals.
21        "Manufacturer"   means  an  individual,  partnership,  or
22    corporation  that  is  licensed  under  this  Act  and   that
23    manufactures or assembles video gaming terminals.
24        "Supplier"   means   an   individual,   partnership,   or
25    corporation  that  is licensed under this Act to supply video
26    gaming  terminals  to   licensed   establishments,   licensed
27    fraternal     establishments,     and    licensed    veterans
28    establishments.
29        "Net terminal income" means money put into a video gaming
30    terminal minus credits paid out to players.
31        "Video gaming terminal" means any electronic  video  game
 
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 1    machine that, upon insertion of cash, is available to play or
 2    simulate  the play of a video game, including but not limited
 3    to video poker, in line, and  blackjack,  authorized  by  the
 4    Board  utilizing a video display and microprocessors in which
 5    the player may receive free games  or  credits  that  can  be
 6    redeemed  for cash.  The term does not include a machine that
 7    directly dispenses coins, cash, or tokens or is for amusement
 8    purposes only.
 9        "Licensed  establishment"  means  any   licensed   retail
10    establishment where alcoholic liquor is drawn, poured, mixed,
11    or otherwise served for consumption on the premises.
12        "Licensed  fraternal  establishment"  means  the location
13    where a qualified fraternal organization under the Charitable
14    Games Act that derives its charter from a national  fraternal
15    organization and that has received a charitable games license
16    from  the  Illinois  Department of Revenue for the conduct of
17    charitable games is licensed to conduct those games.
18        "Licensed  veterans  establishment"  means  the  location
19    where a qualified veterans organization under the  Charitable
20    Games  Act  that derives its charter from a national veterans
21    organization and that has received a charitable games license
22    from the Illinois Department of Revenue for  the  conduct  of
23    charitable games is licensed to conduct those games.

24        Section    10.  Licensing    and   registration.    Every
25    individual,  corporation,   contractor,   subcontractor,   or
26    partnership  offering  a  licensee  goods  or  services  on a
27    regular  basis  that  directly  relate  to  the  manufacture,
28    modification, distribution, sale, operation, maintenance,  or
29    security  of  video  gaming  terminals  shall be licensed and
30    registered pursuant to rules of the Board.

31        Section  15.  Minimum  requirements  for  licensing   and
32    registration.   Every  video gaming terminal offered for play
 
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 1    shall first be tested and approved pursuant to the  rules  of
 2    the  Board,  and  each  video gaming terminal offered in this
 3    State for play shall conform to an approved model.  The Board
 4    may contract with  an  independent  outside  vendor  for  the
 5    examination of video gaming machines and associated equipment
 6    as required by this Section.  Each approved model shall, at a
 7    minimum, meet the following criteria:
 8             (1)  It  must conform to all requirements of federal
 9        law and regulations,  including  FCC  Class  A  Emissions
10        Standards.
11             (2)  It  must theoretically pay out a mathematically
12        demonstrable percentage of all amounts played, which must
13        not be less than 80%.  Video gaming terminals that may be
14        affected by skill must meet this standard  when  using  a
15        method  of  play that will provide the greatest return to
16        the player over a period of continuous play.
17             (3)  It must  use  a  random  selection  process  to
18        determine the outcome of each play of a game.  The random
19        selection process must meet 99% confidence limits using a
20        standard  chi-squared  test  for (randomness) goodness of
21        fit.
22             (4)  It must display an accurate  representation  of
23        the game outcome.
24             (5)  It  must  not automatically alter pay tables or
25        any function  of  the  video  gaming  terminal  based  on
26        internal computation of hold percentage.
27             (6)  It  must  exhibit  total immunity to human body
28        electrostatic discharges on all player-exposed areas.
29             (7)  The  random   number   generator   and   random
30        selection  process  must be impervious to influences from
31        outside  the  video  gaming   terminal   and   must   use
32        appropriate communication protocols to protect the random
33        number   generator  and  random  selection  process  from
34        influence by affiliated equipment, such  as  the  central
 
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 1        site monitoring equipment.
 2             (8)  It  must be capable of detecting and displaying
 3        the following conditions during idle states or on demand:
 4        power reset; door open; and door just closed.
 5             (9)  The  program  residing  in  the  video   gaming
 6        terminal  must  be contained in a storage medium which is
 7        not  alterable  through  any  use  of  the  circuitry  or
 8        programming of the video gaming terminal itself.
 9             (10)  It must have the capacity to display  complete
10        play  history  (outcome, intermediate play steps, credits
11        available, bets placed, credits paid and  credits  cashed
12        out)  for  the most recent game played and one game prior
13        thereto.
14             (11)  The  control  program  must  check   for   any
15        corruption  of  random  access  memory locations used for
16        crucial video gaming terminal  functions  including,  but
17        not  limited  to,  information pertaining to the play and
18        final  outcome  of  the  2  prior  games,  random  number
19        generator outcome, credits available for  play,  and  any
20        error  states.   These  memory  areas must be checked for
21        corruption following game initiation but prior to display
22        of the game outcome to  the  player.   Detection  of  any
23        uncorrectable  corruption  shall  be  deemed to be a game
24        malfunction and must result in a tilt condition.
25             (12)  The theoretical payback percentage of a  video
26        gaming  terminal  must  not  be  capable of being changed
27        without making a hardware or software change in the video
28        gaming terminal.
29             (13)  Video gaming terminals  must  be  designed  so
30        that  replacement of parts or modules required for normal
31        maintenance  does  not  necessitate  replacement  of  the
32        electromechanical meters.
33             (14)  Video   gaming   terminals   must   have    an
34        electronically  stored digital meter of at least 3 digits
 
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 1        for the number of plays since power on and the number  of
 2        plays  since  door  closure.   When the maximum value has
 3        been reached, the meters must remain at that value  until
 4        reset  by occurrence of the appropriate event.  The video
 5        gaming terminal must  provide  the  means  for  on-demand
 6        display of the stored information.
 7             (15)  Electronically    stored   meter   information
 8        required by this Section must be preserved for a  minimum
 9        of 72 hours after a power loss to the service.
10             (16)  Collectible  credits  may  be accumulated from
11        wins or from approved  currency  acceptors.   Collectible
12        credits  may  be  accumulated  directly from coin or bill
13        acceptance if the video gaming terminal uses  a  coin  or
14        bill acceptor.
15             (17)  It  shall  have accounting software that keeps
16        an electronic record which includes, but is  not  limited
17        to,  the  following:  total  cash inserted into the video
18        gaming terminal; the value of winning tickets claimed  by
19        players;  the total credits played; and the total credits
20        awarded by a video gaming terminal.
21             (18)  It   shall   be   linked   under   a   central
22        communications system on a  "dial-up"  basis  to  provide
23        auditing program information as approved by the Board. In
24        no  event  may  the communications system approved by the
25        Board limit participation to  only  one  manufacturer  of
26        video gaming terminals by either the cost in implementing
27        the necessary program modifications to communicate or the
28        inability  to communicate with the central communications
29        system.

30        Section 20.  Direct dispensing of receipt  tickets  only.
31    A  video  gaming  terminal  may  not directly dispense coins,
32    cash, tokens, or any  other  article  of  exchange  or  value
33    except  for  receipt  tickets.  Tickets shall be dispensed by
 
                            -6-      LRB093 03655 LRD 08167 b
 1    pressing the ticket dispensing button  on  the  video  gaming
 2    terminal  at the end of one's turn or play.  The ticket shall
 3    indicate the total amount of credits and the cash award,  and
 4    the  player  shall  turn  in  this  ticket to the appropriate
 5    person at  the  licensed  establishment,  licensed  fraternal
 6    establishment,  or licensed veterans establishment to receive
 7    the cash award.  The cost of the credit shall be 5 cents,  10
 8    cents,  or  25  cents,  and the maximum wager played per hand
 9    shall not exceed $2. No cash award for the maximum  wager  on
10    any individual hand shall exceed $500.

11        Section 25.  Restriction of licensees.
12        (a)  Manufacturer.   A  person  may  not be licensed as a
13    manufacturer of a video gaming terminal  in  Illinois  unless
14    the  person  has  a valid manufacturer's license issued under
15    this  Act.   A  manufacturer  may  only  sell  video   gaming
16    terminals  for  use  in  Illinois  to  persons having a valid
17    distributor's license.
18        (b)  Distributor.   A  person  may  not  sell,   service,
19    distribute,  or  lease  or  market a video gaming terminal in
20    Illinois unless the person has a valid distributor's  license
21    issued  under  this  Act.   A distributor may only sell video
22    gaming terminals for use in  Illinois  to  persons  having  a
23    valid distributor's or terminal operator's license.
24        (c)  Terminal  operator.   A person may not own, service,
25    maintain, lease, or place a video gaming terminal  unless  he
26    has  a  valid  terminal  operator's license issued under this
27    Act.   A  terminal  operator  may  only  place  video  gaming
28    terminals for use in  Illinois  in  licensed  establishments,
29    licensed  fraternal  establishments,  and  licensed  veterans
30    establishments.  No  terminal  operator  may give anything of
31    value, including but not  limited  to  a  loan  or  financing
32    arrangement,  to a licensed establishment, licensed fraternal
33    establishment, or  licensed  veterans  establishment  as  any
 
                            -7-      LRB093 03655 LRD 08167 b
 1    incentive  or  inducement  to  locate video terminals in that
 2    establishment.  Of the after-tax profits from a video  gaming
 3    terminal,  50% shall be paid to the terminal operator and 50%
 4    shall  be  paid  to  the  licensed  establishment,   licensed
 5    fraternal  establishment, or licensed veterans establishment.
 6    A  terminal  operator  shall  be  entitled  to   access   all
 7    information  recorded  by the operator's machines pursuant to
 8    item (17) of Section 15. No terminal operator may own or have
 9    a substantial interest in more than 5% of  the  video  gaming
10    terminals licensed in this State.
11        (d)  Licensed technician. A person may not repair a video
12    gaming  terminal  in  this  State  unless he or she (1) has a
13    valid technician's license issued under this Act,  (2)  is  a
14    terminal  operator or is employed by a terminal operator, and
15    (3) receives continuing education as required by the Board.
16        (e)  Licensed  establishment.   A  valid  liquor  license
17    shall  be  prima  facie  evidence  of  compliance  with   the
18    licensing  requirements of this Act. No video gaming terminal
19    may be placed in any licensed establishment unless the  owner
20    or  agent  of  the  owner  of  the licensed establishment has
21    entered into  a  written  use  agreement  with  the  terminal
22    operator  for  placement of the terminals.  A copy of the use
23    agreement shall be on file in the terminal  operator's  place
24    of  business  and  available  for  inspection  by individuals
25    authorized by the Board.  A licensed  establishment  may  not
26    have  more  than  3 video gaming terminals on its premises at
27    any time, unless the Board authorizes  a  greater  number.  A
28    licensed  fraternal  establishment  may  have  up  to 5 video
29    gaming terminals on its premises  at  any  time,  unless  the
30    Board authorizes a greater number.
31        (f)  Residency  requirement.   Each licensed distributor,
32    terminal operator, and owner  of  a  licensed  establishment,
33    licensed   fraternal   establishment,  or  licensed  veterans
34    establishment must be an Illinois resident.  However,  if  an
 
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 1    out  of  state  distributor, terminal operator, or owner of a
 2    licensed establishment, licensed fraternal establishment,  or
 3    licensed  veterans establishment has performed its respective
 4    business within Illinois for at least 48 months prior to  the
 5    effective  date  of  this Act, the out of state person may be
 6    eligible for licensing under this Act,  upon  application  to
 7    and approval of the Board.
 8        (g)  Financial  interest  restrictions.  As  used in this
 9    Act, "substantial interest" in an organization,  association,
10    or business means:
11                  (A)  When,    with    respect    to    a   sole
12             proprietorship, an individual or his or her  marital
13             community  owns,  operates,  manages,  or  conducts,
14             directly    or    indirectly,    the   organization,
15             association, or business, or any part thereof; or
16                  (B)  When, with respect to a  partnership,  the
17             individual or his or her marital community shares in
18             any  of  the  profits,  or potential profits, of the
19             partnership activities; or
20                  (C)  When, with respect to  a  corporation,  an
21             individual  or  his  or  her spouse is an officer or
22             director, or the individual or his  or  her  marital
23             community  is a holder, directly or beneficially, of
24             5% or more of any class of stock of the corporation;
25             or
26                  (D)  When, with respect to an organization  not
27             covered  in  (A), (B) or (C) above, an individual or
28             his or her spouse  is  an  officer  or  manages  the
29             business  affairs,  or  the individual or his or her
30             marital community  is  the  owner  of  or  otherwise
31             controls   10%   or   more  of  the  assets  of  the
32             organization; or
33                  (E)  When an individual or his or  her  marital
34             community  furnishes  5%  or  more  of  the capital,
 
                            -9-      LRB093 03655 LRD 08167 b
 1             whether  in  cash,  goods,  or  services,  for   the
 2             operation   of   any   business,   association,   or
 3             organization during any calendar year.
 4        (h)  Licensed  fraternal establishment; licensed veterans
 5    establishment. Each licensed fraternal establishment and each
 6    licensed  veterans  establishment  shall  possess   a   valid
 7    charitable games license issued by the Illinois Department of
 8    Revenue  in  effect  at  the  time  of  application  for, and
 9    issuance of, a video gaming terminal license and at all times
10    thereafter during which  a  video  gaming  terminal  is  made
11    available  to the public for play at that location. Except as
12    otherwise specifically authorized by the Board,  no  licensed
13    fraternal  establishment  or  licensed veterans establishment
14    possessing a valid charitable games license shall be licensed
15    for more  than  5  video  gaming  terminals  for  any  single
16    license.

17        Section  30.  Multiple  types  of licenses prohibited.  A
18    video gaming terminal manufacturer may not be licensed  as  a
19    video  gaming  terminal distributor,  operator, or technician
20    or own, manage, or control a licensed establishment, licensed
21    fraternal establishment, or licensed veterans  establishment,
22    and  shall be licensed only to sell to distributors.  A video
23    gaming terminal distributor may not be licensed  as  a  video
24    gaming terminal manufacturer, operator, or technician or own,
25    manage,   or   control  a  licensed  establishment,  licensed
26    fraternal establishment, or licensed veterans  establishment,
27    and  shall only contract with a licensed terminal operator. A
28    video gaming terminal  operator  or  technician  may  not  be
29    licensed   as   a   video  gaming  terminal  manufacturer  or
30    distributor  or  own,   manage,   or   control   a   licensed
31    establishment,  licensed fraternal establishment, or licensed
32    veterans  establishment,  and  shall  be  licensed  only   to
33    contract    with    licensed    distributors   and   licensed
 
                            -10-     LRB093 03655 LRD 08167 b
 1    establishments,  licensed   fraternal   establishments,   and
 2    licensed  veterans  establishments.  An owner or manager of a
 3    licensed establishment, licensed fraternal establishment,  or
 4    licensed  veterans  establishment  may  not  be licensed as a
 5    video gaming terminal manufacturer, distributor, or operator,
 6    and shall only contract with a licensed operator to place and
 7    service this equipment.

 8        Section 35.  Display of license; confiscation;  violation
 9    as  felony.   Each video gaming terminal shall be licensed by
10    the Board before placement or operation on the premises of  a
11    licensed  establishment.  Each machine shall have the license
12    prominently displayed thereon.  Any  licensed  establishment,
13    licensed   fraternal   establishment,  or  licensed  veterans
14    establishment used for  the  conduct  of  gambling  games  in
15    violation of this Act shall be considered a gambling place in
16    violation  of  Section  28-3  of  the  Criminal Code of 1961.
17    Every gambling device  found  in  a  licensed  establishment,
18    licensed   fraternal   establishment,  or  licensed  veterans
19    establishment operating gambling games in violation  of  this
20    Act   shall   be   subject   to  seizure,  confiscation,  and
21    destruction as provided in Section 28-5 of the Criminal  Code
22    of 1961.

23        Section   40.  Video   gaming   terminal  use  by  minors
24    prohibited.  No licensee shall cause  or  permit  any  person
25    under  the  age  of  21  years  to use or play a video gaming
26    terminal.  Any licensee who knowingly permits a person  under
27    the age of 21 years to use or play a video gaming terminal is
28    guilty of a business offense and shall be fined an amount not
29    to exceed $5,000.

30        Section 45.  Issuance of license.
31        (a)  The burden is upon each applicant to demonstrate his
 
                            -11-     LRB093 03655 LRD 08167 b
 1    suitability   for  licensure.   Each  video  gaming  terminal
 2    manufacturer, distributor, operator, licensed  establishment,
 3    licensed   fraternal  establishment,  and  licensed  veterans
 4    establishment shall be licensed by the Board before any video
 5    gaming terminal is manufactured, distributed, sold, or placed
 6    for public use in this State.  The  Board  may  not  issue  a
 7    license  under this Act to any person who, within 10 years of
 8    the date of the application, has been convicted of  a  felony
 9    under  the laws of this State, any other state, or the United
10    States, or to any firm or corporation in which such a  person
11    is an officer, director, or managerial employee.
12        (b)  A  non-refundable  application  fee shall be paid at
13    the time an application for a license is filed with the Board
14    in the following amounts:
15             (1)  Manufacturer..........................  $ 5,000
16             (2)  Distributor...........................  $ 5,000
17             (3)  Terminal operator.....................  $ 5,000
18             (4)  Licensed supplier.....................  $ 2,500
19             (5)  Technician............................  $   100
20        (c)  The Board shall establish an  annual  fee  for  each
21    license not to exceed the following:
22             (1)  Manufacturer..........................  $10,000
23             (2)  Distributor...........................  $10,000
24             (3)  Terminal operator.....................  $ 5,000
25             (4)  Technician............................  $   100
26             (5)  Licensed    establishment,    licensed
27        fraternal  establishment,  or  licensed veterans
28        establishment...................................  $   100
29             (6)  Video gaming terminal.................  $   100

30        Section 50. Distribution of license fees.
31        (a)  All  fees  collected  under  Section  45  shall   be
32    deposited in the General Revenue Fund.
33        (b)  Fees  collected  under  Section  45 shall be used as
 
                            -12-     LRB093 03655 LRD 08167 b
 1    follows:
 2             (1)  Twenty-five percent shall be paid  to  programs
 3        for the treatment of compulsive gambling.
 4             (2)  Seventy-five  percent  shall  be  used  for the
 5        administration of this Act.
 6        (c)  All licenses issued by the Board under this Act  are
 7    renewable  annually unless sooner cancelled or terminated. No
 8    license issued under this Act is transferable or assignable.

 9        Section 55.  Precondition for licensed establishment.  In
10    all cases of application for a licensed  establishment,  each
11    licensed  establishment  shall possess a valid liquor license
12    issued by the Illinois Liquor Control Commission in effect at
13    the time of application for, and issuance of, a video  gaming
14    terminal  license  and at all times thereafter during which a
15    video gaming terminal is made available  to  the  public  for
16    play at that location.

17        Section   57.  Insurance.  Each  licensed  establishment,
18    licensed  fraternal  establishment,  and  licensed   veterans
19    establishment  shall  maintain insurance on any gaming device
20    on its premises in an amount set by the Board.

21        Section 60.  Imposition and distribution of tax.
22        (a)  A tax of 20% is imposed on net terminal  income  and
23    shall be collected by the Board.
24        (b)  Of  the tax collected under this Section, 100% shall
25    be deposited in the General Revenue Fund.
26        (c)  Revenues generated from the  play  of  video  gaming
27    terminals shall be deposited by the terminal operator, who is
28    responsible   for  tax  payments,  in  a  specially  created,
29    separate bank account maintained by the video gaming terminal
30    operator to allow for electronic fund transfers of moneys for
31    tax payment.
 
                            -13-     LRB093 03655 LRD 08167 b
 1        (d)  Each licensed location shall  maintain  an  adequate
 2    video  gaming  fund,  with the amount to be determined by the
 3    Board.

 4        Section 185.  The Riverboat Gambling Act  is  amended  by
 5    changing Section 5 as follows:

 6        (230 ILCS 10/5) (from Ch. 120, par. 2405)
 7        Sec. 5.  Gaming Board.
 8        (a) (1)  There   is   hereby   established   within   the
 9    Department  of  Revenue  an Illinois Gaming Board which shall
10    have the powers and duties specified in  this  Act,  and  all
11    other  powers  necessary  and proper to fully and effectively
12    execute  this  Act  for   the   purpose   of   administering,
13    regulating,  and  enforcing  the system of riverboat gambling
14    established by this Act. Its jurisdiction shall extend  under
15    this   Act   to   every   person,  association,  corporation,
16    partnership  and  trust  involved   in   riverboat   gambling
17    operations in the State of Illinois.
18        (2)  The Board shall consist of 5 members to be appointed
19    by  the  Governor  with the advice and consent of the Senate,
20    one of whom  shall  be  designated  by  the  Governor  to  be
21    chairman.   Each  member shall have a reasonable knowledge of
22    the  practice,   procedure   and   principles   of   gambling
23    operations.  Each  member  shall  either  be  a  resident  of
24    Illinois  or  shall certify that he will become a resident of
25    Illinois before taking office. At least one member  shall  be
26    experienced in law enforcement and criminal investigation, at
27    least  one  member  shall  be  a  certified public accountant
28    experienced in accounting and  auditing,  and  at  least  one
29    member  shall  be  a  lawyer  licensed  to  practice  law  in
30    Illinois.
31        (3)  The  terms of office of the Board members shall be 3
32    years, except that the terms of office of the  initial  Board
 
                            -14-     LRB093 03655 LRD 08167 b
 1    members appointed pursuant to this Act will commence from the
 2    effective  date  of  this  Act and run as follows:  one for a
 3    term ending July 1, 1991, 2 for a term ending July  1,  1992,
 4    and 2 for a term ending July 1, 1993.  Upon the expiration of
 5    the  foregoing  terms,  the  successors of such members shall
 6    serve a term for 3  years  and  until  their  successors  are
 7    appointed  and  qualified  for  like  terms. Vacancies in the
 8    Board shall be filled for the unexpired term in  like  manner
 9    as  original appointments.  Each member of the Board shall be
10    eligible for reappointment at the discretion of the  Governor
11    with the advice and consent of the Senate.
12        (4)  Each member of the Board shall receive $300 for each
13    day  the Board meets and for each day the member conducts any
14    hearing pursuant to this Act.  Each member of the Board shall
15    also be reimbursed for all actual and necessary expenses  and
16    disbursements incurred in the execution of official duties.
17        (5)  No  person  shall be appointed a member of the Board
18    or continue to be a member of the  Board  who  is,  or  whose
19    spouse,  child  or  parent  is,  a  member  of  the  board of
20    directors of, or a  person  financially  interested  in,  any
21    gambling operation subject to the jurisdiction of this Board,
22    or  any  race  track, race meeting, racing association or the
23    operations  thereof  subject  to  the  jurisdiction  of   the
24    Illinois  Racing Board.  No Board member shall hold any other
25    public office for which he shall receive  compensation  other
26    than  necessary  travel  or  other  incidental  expenses.  No
27    person shall be a member of the Board  who  is  not  of  good
28    moral  character  or  who  has been convicted of, or is under
29    indictment for, a felony under the laws of  Illinois  or  any
30    other state, or the United States.
31        (6)  Any  member  of  the  Board  may  be  removed by the
32    Governor for neglect of duty,  misfeasance,  malfeasance,  or
33    nonfeasance in office.
34        (7)  Before  entering upon the discharge of the duties of
 
                            -15-     LRB093 03655 LRD 08167 b
 1    his office, each member of the Board shall take an oath  that
 2    he will faithfully execute the duties of his office according
 3    to  the  laws  of  the  State  and  the rules and regulations
 4    adopted therewith  and  shall  give  bond  to  the  State  of
 5    Illinois,  approved  by  the Governor, in the sum of $25,000.
 6    Every such bond, when duly executed and  approved,  shall  be
 7    recorded  in  the office of the Secretary of State.  Whenever
 8    the Governor determines that the bond of any  member  of  the
 9    Board   has   become  or  is  likely  to  become  invalid  or
10    insufficient, he shall require such member forthwith to renew
11    his bond, which is to  be  approved  by  the  Governor.   Any
12    member  of  the  Board  who  fails to take oath and give bond
13    within 30 days from the date of his appointment, or who fails
14    to renew his bond within 30 days after it is demanded by  the
15    Governor,  shall  be  guilty  of  neglect  of duty and may be
16    removed by the Governor.  The cost of any bond given  by  any
17    member of the Board under this Section shall be taken to be a
18    part of the necessary expenses of the Board.
19        (8)  Upon  the request of the Board, the Department shall
20    employ such personnel as may be necessary to  carry  out  the
21    functions of the Board.  No person shall be employed to serve
22    the  Board  who  is,  or whose spouse, parent or child is, an
23    official of, or has a  financial  interest  in  or  financial
24    relation  with,  any  operator engaged in gambling operations
25    within this State or any organization engaged  in  conducting
26    horse racing within this State.  Any employee violating these
27    prohibitions shall be subject to termination of employment.
28        (9)  An  Administrator  shall  perform any and all duties
29    that  the  Board  shall  assign  him.   The  salary  of   the
30    Administrator  shall  be determined by the Board and approved
31    by the Director of the Department and, in addition, he  shall
32    be  reimbursed for all actual and necessary expenses incurred
33    by  him  in  discharge   of   his   official   duties.    The
34    Administrator  shall  keep  records of all proceedings of the
 
                            -16-     LRB093 03655 LRD 08167 b
 1    Board and shall preserve all records,  books,  documents  and
 2    other papers belonging to the Board or entrusted to its care.
 3    The Administrator shall devote his full time to the duties of
 4    the office and shall not hold any other office or employment.
 5        (b)  The  Board shall have general responsibility for the
 6    implementation of this  Act.   Its  duties  include,  without
 7    limitation, the following:
 8             (1)  To  decide promptly and in reasonable order all
 9        license applications. Any party aggrieved by an action of
10        the Board denying, suspending, revoking,  restricting  or
11        refusing  to renew a license may request a hearing before
12        the Board.  A request for a hearing must be made  to  the
13        Board in writing within 5 days after service of notice of
14        the  action  of  the  Board.  Notice of the action of the
15        Board shall be served either by personal delivery  or  by
16        certified mail, postage prepaid, to the aggrieved party.
17        Notice  served by certified mail shall be deemed complete
18        on the business day following the date of  such  mailing.
19        The  Board  shall conduct all requested hearings promptly
20        and in reasonable order;
21             (2)  To conduct all  hearings  pertaining  to  civil
22        violations   of   this   Act  or  rules  and  regulations
23        promulgated hereunder;
24             (3)  To promulgate such rules and regulations as  in
25        its  judgment  may be necessary to protect or enhance the
26        credibility  and   integrity   of   gambling   operations
27        authorized   by  this  Act  and  the  regulatory  process
28        hereunder;
29             (4)  To provide for the establishment and collection
30        of all license and registration fees and taxes imposed by
31        this Act and the rules and  regulations  issued  pursuant
32        hereto.   All such fees and taxes shall be deposited into
33        the State Gaming Fund;
34             (5)  To provide  for  the  levy  and  collection  of
 
                            -17-     LRB093 03655 LRD 08167 b
 1        penalties  and  fines  for the violation of provisions of
 2        this  Act  and  the  rules  and  regulations  promulgated
 3        hereunder.   All  such  fines  and  penalties  shall   be
 4        deposited  into the Education Assistance Fund, created by
 5        Public Act 86-0018, of the State of Illinois;
 6             (6)  To be present through its inspectors and agents
 7        any  time  gambling  operations  are  conducted  on   any
 8        riverboat  for  the  purpose  of  certifying  the revenue
 9        thereof,  receiving  complaints  from  the  public,   and
10        conducting  such other investigations into the conduct of
11        the gambling games and the maintenance of  the  equipment
12        as  from  time  to  time the Board may deem necessary and
13        proper;
14             (7)  To review and rule  upon  any  complaint  by  a
15        licensee  regarding  any  investigative procedures of the
16        State which  are  unnecessarily  disruptive  of  gambling
17        operations.  The need to inspect and investigate shall be
18        presumed  at  all  times.  The disruption of a licensee's
19        operations  shall  be  proved  by  clear  and  convincing
20        evidence, and establish that:  (A) the procedures had  no
21        reasonable   law   enforcement   purposes,  and  (B)  the
22        procedures were so disruptive as to unreasonably  inhibit
23        gambling operations;
24             (8)  To  hold  at  least one meeting each quarter of
25        the fiscal year.  In addition, special  meetings  may  be
26        called  by  the  Chairman  or any 2 Board members upon 72
27        hours written notice to each member.  All Board  meetings
28        shall  be subject to the Open Meetings Act. Three members
29        of the Board shall constitute a quorum, and 3 votes shall
30        be required for any final  determination  by  the  Board.
31        The  Board  shall  keep a complete and accurate record of
32        all its meetings. A majority of the members of the  Board
33        shall  constitute  a  quorum  for  the transaction of any
34        business, for the performance of any  duty,  or  for  the
 
                            -18-     LRB093 03655 LRD 08167 b
 1        exercise  of  any power which this Act requires the Board
 2        members to transact, perform or exercise en banc,  except
 3        that,  upon  order of the Board, one of the Board members
 4        or an administrative law judge designated  by  the  Board
 5        may conduct any hearing provided for under this Act or by
 6        Board  rule  and  may recommend findings and decisions to
 7        the Board.  The Board member or administrative law  judge
 8        conducting  such hearing shall have all powers and rights
 9        granted to the Board in this Act. The record made at  the
10        time  of the hearing shall be reviewed by the Board, or a
11        majority thereof, and the findings and  decision  of  the
12        majority  of  the Board shall constitute the order of the
13        Board in such case;
14             (9)  To maintain  records  which  are  separate  and
15        distinct  from  the  records  of any other State board or
16        commission.  Such records shall be available  for  public
17        inspection   and   shall  accurately  reflect  all  Board
18        proceedings;
19             (10)  To file  a  written  annual  report  with  the
20        Governor  on  or  before  March  1  each  year  and  such
21        additional  reports  as  the  Governor  may  request. The
22        annual report shall include a statement of  receipts  and
23        disbursements  by  the Board, actions taken by the Board,
24        and any additional information and recommendations  which
25        the  Board  may  deem  valuable or which the Governor may
26        request;
27             (11)  (Blank); and
28             (12)  To    assume    responsibility     for     the
29        administration  and  enforcement of the Bingo License and
30        Tax Act, the Charitable Games Act, and the Pull Tabs  and
31        Jar  Games  Act if such responsibility is delegated to it
32        by the Director of Revenue; and.
33             (13)  To assume  responsibility  for  administration
34        and enforcement of the Video Gaming Act.
 
                            -19-     LRB093 03655 LRD 08167 b
 1        (c)  The  Board  shall  have  jurisdiction over and shall
 2    supervise all gambling operations governed by this Act.   The
 3    Board shall have all powers necessary and proper to fully and
 4    effectively  execute  the  provisions of this Act, including,
 5    but not limited to, the following:
 6             (1)  To investigate  applicants  and  determine  the
 7        eligibility  of  applicants  for  licenses  and to select
 8        among competing  applicants  the  applicants  which  best
 9        serve the interests of the citizens of Illinois.
10             (2)  To  have  jurisdiction and supervision over all
11        riverboat gambling  operations  in  this  State  and  all
12        persons  on  riverboats  where  gambling  operations  are
13        conducted.
14             (3)  To  promulgate  rules  and  regulations for the
15        purpose of administering the provisions of this  Act  and
16        to  prescribe  rules,  regulations  and  conditions under
17        which all  riverboat  gambling  in  the  State  shall  be
18        conducted.  Such rules and regulations are to provide for
19        the  prevention  of  practices  detrimental to the public
20        interest  and  for  the  best  interests   of   riverboat
21        gambling,  including  rules and regulations regarding the
22        inspection of such  riverboats  and  the  review  of  any
23        permits  or  licenses  necessary  to  operate a riverboat
24        under any laws or regulations applicable  to  riverboats,
25        and to impose penalties for violations thereof.
26             (4)  To enter the office, riverboats, facilities, or
27        other places of business of a licensee, where evidence of
28        the  compliance  or  noncompliance with the provisions of
29        this Act is likely to be found.
30             (5)  To investigate alleged violations of  this  Act
31        or  the  rules  of  the  Board  and  to  take appropriate
32        disciplinary action against a licensee or a holder of  an
33        occupational   license  for  a  violation,  or  institute
34        appropriate legal action for enforcement, or both.
 
                            -20-     LRB093 03655 LRD 08167 b
 1             (6)  To adopt standards for  the  licensing  of  all
 2        persons  under  this  Act,  as  well as for electronic or
 3        mechanical gambling games, and to establish fees for such
 4        licenses.
 5             (7)  To  adopt   appropriate   standards   for   all
 6        riverboats and facilities.
 7             (8)  To   require   that   the   records,  including
 8        financial or other statements of any licensee under  this
 9        Act,  shall  be  kept in such manner as prescribed by the
10        Board  and  that  any  such  licensee  involved  in   the
11        ownership  or management of gambling operations submit to
12        the Board an annual balance sheet  and  profit  and  loss
13        statement,  list  of  the  stockholders  or other persons
14        having  a  1%  or  greater  beneficial  interest  in  the
15        gambling activities of  each  licensee,   and  any  other
16        information   the  Board  deems  necessary  in  order  to
17        effectively  administer   this   Act   and   all   rules,
18        regulations, orders and final decisions promulgated under
19        this Act.
20             (9)  To  conduct  hearings,  issue subpoenas for the
21        attendance of witnesses and subpoenas duces tecum for the
22        production  of  books,  records   and   other   pertinent
23        documents  in accordance with the Illinois Administrative
24        Procedure Act, and to administer oaths  and  affirmations
25        to  the witnesses, when, in the judgment of the Board, it
26        is necessary to administer or enforce  this  Act  or  the
27        Board rules.
28             (10)  To prescribe a form to be used by any licensee
29        involved  in  the  ownership  or  management  of gambling
30        operations as an application  for  employment  for  their
31        employees.
32             (11)  To  revoke  or  suspend licenses, as the Board
33        may see fit and in compliance with applicable laws of the
34        State regarding administrative procedures, and to  review
 
                            -21-     LRB093 03655 LRD 08167 b
 1        applications  for the renewal of licenses.  The Board may
 2        suspend an owners license, without notice or hearing upon
 3        a determination that the safety or health of  patrons  or
 4        employees  is  jeopardized  by  continuing  a riverboat's
 5        operation.  The suspension may remain in effect until the
 6        Board determines that the cause for suspension  has  been
 7        abated.   The  Board may revoke the owners license upon a
 8        determination that the owner has  not  made  satisfactory
 9        progress toward abating the hazard.
10             (12)  To  eject or exclude or authorize the ejection
11        or exclusion  of,  any  person  from  riverboat  gambling
12        facilities where such person is in violation of this Act,
13        rules  and regulations thereunder, or final orders of the
14        Board, or where such person's conduct  or  reputation  is
15        such  that  his  presence  within  the riverboat gambling
16        facilities may, in the opinion of the  Board,  call  into
17        question  the  honesty  and  integrity  of  the  gambling
18        operations  or  interfere  with  orderly conduct thereof;
19        provided that the propriety of such ejection or exclusion
20        is subject to subsequent hearing by the Board.
21             (13)  To   require   all   licensees   of   gambling
22        operations to utilize a cashless wagering system  whereby
23        all  players'  money  is  converted to tokens, electronic
24        cards, or chips which shall be used only for wagering  in
25        the gambling establishment.
26             (14)  (Blank).
27             (15)  To  suspend,  revoke  or restrict licenses, to
28        require the removal of a licensee or  an  employee  of  a
29        licensee  for  a violation of this Act or a Board rule or
30        for engaging in a  fraudulent  practice,  and  to  impose
31        civil  penalties  of up to $5,000 against individuals and
32        up to $10,000 or an  amount  equal  to  the  daily  gross
33        receipts, whichever is larger, against licensees for each
34        violation  of any provision of the Act, any rules adopted
 
                            -22-     LRB093 03655 LRD 08167 b
 1        by the Board, any order of the Board or any other  action
 2        which,  in  the  Board's  discretion,  is  a detriment or
 3        impediment to riverboat gambling operations.
 4             (16)  To  hire  employees  to  gather   information,
 5        conduct  investigations  and  carry  out  any other tasks
 6        contemplated under this Act.
 7             (17)  To establish minimum levels of insurance to be
 8        maintained by licensees.
 9             (18)  To authorize  a  licensee  to  sell  or  serve
10        alcoholic  liquors, wine or beer as defined in the Liquor
11        Control Act of 1934 on board  a  riverboat  and  to  have
12        exclusive  authority  to establish the hours for sale and
13        consumption of alcoholic liquor  on  board  a  riverboat,
14        notwithstanding  any  provision of the Liquor Control Act
15        of 1934 or any local ordinance, and regardless of whether
16        the riverboat makes excursions.  The establishment of the
17        hours for sale and consumption  of  alcoholic  liquor  on
18        board  a  riverboat is an exclusive power and function of
19        the State.  A home rule unit may not establish the  hours
20        for  sale  and consumption of alcoholic liquor on board a
21        riverboat.  This amendatory Act of 1991 is a  denial  and
22        limitation  of  home  rule  powers  and  functions  under
23        subsection  (h)  of  Section  6  of  Article  VII  of the
24        Illinois Constitution.
25             (19)  After consultation with the U.S. Army Corps of
26        Engineers, to establish binding emergency orders upon the
27        concurrence of a majority of the  members  of  the  Board
28        regarding   the   navigability   of  water,  relative  to
29        excursions, in the event of extreme  weather  conditions,
30        acts of God or other extreme circumstances.
31             (20)  To delegate the execution of any of its powers
32        under  this  Act  for  the  purpose  of administering and
33        enforcing  this  Act  and  its  rules   and   regulations
34        hereunder.
 
                            -23-     LRB093 03655 LRD 08167 b
 1             (21)  To  take any other action as may be reasonable
 2        or  appropriate  to  enforce  this  Act  and  rules   and
 3        regulations hereunder.
 4        (d)  The Board may seek and shall receive the cooperation
 5    of  the  Department  of State Police in conducting background
 6    investigations  of   applicants   and   in   fulfilling   its
 7    responsibilities  under  this Section.  Costs incurred by the
 8    Department of State Police as a result  of  such  cooperation
 9    shall   be   paid  by  the  Board  in  conformance  with  the
10    requirements of Section 2605-400 of the Department  of  State
11    Police Law (20 ILCS 2605/2605-400).
12        (e)  The Board must authorize to each investigator and to
13    any  other  employee  of the Board exercising the powers of a
14    peace officer a distinct badge that, on its face, (i) clearly
15    states that the badge is authorized by  the  Board  and  (ii)
16    contains  a  unique identifying number.  No other badge shall
17    be authorized by the Board.
18    (Source:  P.A.  91-40,  eff.  1-1-00;  91-239,  eff.  1-1-00;
19    91-883, eff. 1-1-01.)

20        Section 190.  The Criminal Code of  1961  is  amended  by
21    changing Sections 28-1, 28-1.1, and 28-3 as follows:

22        (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
23        Sec. 28-1.  Gambling.
24        (a)  A person commits gambling when he:
25             (1)  Plays  a  game  of chance or skill for money or
26        other thing of value, unless excepted in  subsection  (b)
27        of this Section; or
28             (2)  Makes  a  wager  upon  the  result of any game,
29        contest, or  any  political  nomination,  appointment  or
30        election; or
31             (3)  Operates,   keeps,   owns,   uses,   purchases,
32        exhibits,  rents,  sells,  bargains for the sale or lease
 
                            -24-     LRB093 03655 LRD 08167 b
 1        of, manufactures or distributes any gambling device; or
 2             (4)  Contracts to have or give  himself  or  another
 3        the  option  to buy or sell, or contracts to buy or sell,
 4        at  a  future  time,  any  grain   or   other   commodity
 5        whatsoever,  or  any  stock  or  security of any company,
 6        where it is at the time of making such contract  intended
 7        by both parties thereto that the contract to buy or sell,
 8        or  the  option,  whenever  exercised,  or  the  contract
 9        resulting therefrom, shall be settled, not by the receipt
10        or  delivery of such property, but by the payment only of
11        differences in prices  thereof;  however,  the  issuance,
12        purchase, sale, exercise, endorsement or guarantee, by or
13        through  a  person registered with the Secretary of State
14        pursuant to Section 8 of the Illinois Securities  Law  of
15        1953,  or  by  or  through  a  person  exempt  from  such
16        registration  under  said  Section  8, of a put, call, or
17        other option to buy or sell securities  which  have  been
18        registered  with  the  Secretary  of  State  or which are
19        exempt from such registration  under  Section  3  of  the
20        Illinois  Securities  Law  of 1953 is not gambling within
21        the meaning of this paragraph (4); or
22             (5)  Knowingly   owns   or   possesses   any   book,
23        instrument or apparatus by means of which bets or  wagers
24        have  been,  or are, recorded or registered, or knowingly
25        possesses any money which he has received in  the  course
26        of a bet or wager; or
27             (6)  Sells  pools  upon  the  result  of any game or
28        contest  of  skill  or  chance,   political   nomination,
29        appointment or election; or
30             (7)  Sets  up  or  promotes  any  lottery  or sells,
31        offers to sell or transfers any ticket or share  for  any
32        lottery; or
33             (8)  Sets  up  or promotes any policy game or sells,
34        offers to sell or knowingly possesses  or  transfers  any
 
                            -25-     LRB093 03655 LRD 08167 b
 1        policy  ticket,  slip,  record, document or other similar
 2        device; or
 3             (9)  Knowingly  drafts,  prints  or  publishes   any
 4        lottery  ticket  or  share,  or  any policy ticket, slip,
 5        record, document  or  similar  device,  except  for  such
 6        activity  related  to  lotteries, bingo games and raffles
 7        authorized by and conducted in accordance with  the  laws
 8        of Illinois or any other state or foreign government; or
 9             (10)  Knowingly  advertises  any  lottery  or policy
10        game, except for  such  activity  related  to  lotteries,
11        bingo  games  and  raffles authorized by and conducted in
12        accordance with the laws of Illinois or any other  state;
13        or
14             (11)  Knowingly  transmits information as to wagers,
15        betting odds, or changes in betting  odds  by  telephone,
16        telegraph,   radio,   semaphore   or  similar  means;  or
17        knowingly  installs  or  maintains  equipment   for   the
18        transmission  or receipt of such information; except that
19        nothing in this subdivision (11)  prohibits  transmission
20        or  receipt of such information for use in news reporting
21        of sporting events or contests; or
22             (12) Knowingly establishes, maintains,  or  operates
23        an  Internet site that permits a person to play a game of
24        chance or skill for money or  other  thing  of  value  by
25        means  of the Internet or to make a wager upon the result
26        of any game, contest, political nomination,  appointment,
27        or election by means of the Internet.
28        (b)  Participants  in  any  of  the  following activities
29    shall not be convicted of gambling therefor:
30             (1)  Agreements to compensate for loss caused by the
31        happening  of   chance   including   without   limitation
32        contracts  of indemnity or guaranty and life or health or
33        accident insurance;
34             (2)  Offers of prizes, award or compensation to  the
 
                            -26-     LRB093 03655 LRD 08167 b
 1        actual  contestants  in  any  bona  fide  contest for the
 2        determination of skill, speed, strength or  endurance  or
 3        to  the  owners  of  animals  or vehicles entered in such
 4        contest;
 5             (3)  Pari-mutuel betting as authorized by the law of
 6        this State;
 7             (4)  Manufacture of gambling devices, including  the
 8        acquisition  of essential parts therefor and the assembly
 9        thereof, for  transportation  in  interstate  or  foreign
10        commerce  to  any  place  outside  this  State  when such
11        transportation  is  not  prohibited  by  any   applicable
12        Federal   law;   or  the  manufacture,  distribution,  or
13        possession of video gaming terminals, as defined  in  the
14        Video  Gaming  Act,  by  manufacturers, distributors, and
15        terminal operators licensed to  do  so  under  the  Video
16        Gaming Act;
17             (5)  The   game  commonly  known  as  "bingo",  when
18        conducted in accordance with the Bingo  License  and  Tax
19        Act;
20             (6)  Lotteries   when  conducted  by  the  State  of
21        Illinois in accordance with the Illinois Lottery Law;
22             (7)  Possession of an antique slot machine  that  is
23        neither  used nor intended to be used in the operation or
24        promotion  of   any   unlawful   gambling   activity   or
25        enterprise.  For the purpose of this subparagraph (b)(7),
26        an  antique slot machine is one manufactured 25 years ago
27        or earlier;
28             (8)  Raffles when conducted in accordance  with  the
29        Raffles Act;
30             (9)  Charitable  games  when conducted in accordance
31        with the Charitable Games Act;
32             (10)  Pull tabs and jar games when  conducted  under
33        the Illinois Pull Tabs and Jar Games Act; or
34             (11)  Gambling  games  conducted  on riverboats when
 
                            -27-     LRB093 03655 LRD 08167 b
 1        authorized by the Riverboat Gambling Act; or.
 2             (12)  Video gaming  terminal  games  at  a  licensed
 3        establishment,   licensed   fraternal  establishment,  or
 4        licensed  veterans  establishment   when   conducted   in
 5        accordance with the Video Gaming Act.
 6        (c)  Sentence.
 7        Gambling  under  subsection  (a)(1)  or  (a)(2)  of  this
 8    Section  is  a  Class  A  misdemeanor.  Gambling under any of
 9    subsections (a)(3) through (a)(11) of this Section is a Class
10    A misdemeanor.  A second or subsequent conviction  under  any
11    of  subsections  (a)(3) through (a)(11), is a Class 4 felony.
12    Gambling under subsection (a)(12) of this Section is a  Class
13    A  misdemeanor.   A  second  or  subsequent  conviction under
14    subsection (a)(12) is a Class 4 felony.
15        (d)  Circumstantial evidence.
16        In prosecutions under subsection (a)(1)  through  (a)(12)
17    of  this  Section circumstantial evidence shall have the same
18    validity and weight as in any criminal prosecution.
19    (Source: P.A. 91-257, eff. 1-1-00.)

20        (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
21        Sec. 28-1.1.  Syndicated gambling.
22        (a)  Declaration  of  Purpose.  Recognizing   the   close
23    relationship   between   professional   gambling   and  other
24    organized crime, it is declared  to  be  the  policy  of  the
25    legislature to restrain persons from engaging in the business
26    of  gambling for profit in this State.  This Section shall be
27    liberally construed and administered with a view to  carrying
28    out this policy.
29        (b)  A   person   commits  syndicated  gambling  when  he
30    operates a "policy  game"  or  engages  in  the  business  of
31    bookmaking.
32        (c)  A  person "operates a policy game" when he knowingly
33    uses any premises or property for the purpose of receiving or
 
                            -28-     LRB093 03655 LRD 08167 b
 1    knowingly does receive from what is commonly called "policy":
 2             (1)  money from a person other than  the  better  or
 3        player whose bets or plays are represented by such money;
 4        or
 5             (2)  written  "policy  game"  records,  made or used
 6        over any period of time, from a  person  other  than  the
 7        better  or  player whose bets or plays are represented by
 8        such written record.
 9        (d)  A person engages in bookmaking when he  receives  or
10    accepts  more than five bets or wagers upon the result of any
11    trials or contests of skill, speed or power of  endurance  or
12    upon  any  lot, chance, casualty, unknown or contingent event
13    whatsoever, which bets or wagers shall be of such  size  that
14    the total of the amounts of money paid or promised to be paid
15    to  such  bookmaker  on  account thereof shall exceed $2,000.
16    Bookmaking is the receiving or  accepting  of  such  bets  or
17    wagers  regardless  of  the  form  or  manner  in  which  the
18    bookmaker records them.
19        (e)  Participants  in  any  of  the  following activities
20    shall not be convicted of syndicated gambling:
21             (1)  Agreements to compensate for loss caused by the
22        happening  of   chance   including   without   limitation
23        contracts  of indemnity or guaranty and life or health or
24        accident insurance; and
25             (2)  Offers of prizes, award or compensation to  the
26        actual  contestants  in  any  bona  fide  contest for the
27        determination of skill, speed, strength or  endurance  or
28        to  the  owners  of  animals  or vehicles entered in such
29        contest; and
30             (3)  Pari-mutuel betting as  authorized  by  law  of
31        this State; and
32             (4)  Manufacture  of gambling devices, including the
33        acquisition of essential parts therefor and the  assembly
34        thereof,  for  transportation  in  interstate  or foreign
 
                            -29-     LRB093 03655 LRD 08167 b
 1        commerce to  any  place  outside  this  State  when  such
 2        transportation   is  not  prohibited  by  any  applicable
 3        Federal law; and
 4             (5)  Raffles when conducted in accordance  with  the
 5        Raffles Act; and
 6             (6)  Gambling  games  conducted  on  riverboats when
 7        authorized by the Riverboat Gambling Act; and.
 8             (7)  Video  gaming  terminal  games  at  a  licensed
 9        establishment,  licensed  fraternal   establishment,   or
10        licensed   veterans   establishment   when  conducted  in
11        accordance with the Video Gaming Act.
12        (f)  Sentence.  Syndicated gambling is a Class 3 felony.
13    (Source: P.A. 86-1029; 87-435.)

14        (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
15        Sec. 28-3.  Keeping a Gambling Place. A "gambling  place"
16    is  any  real  estate,  vehicle,  boat  or any other property
17    whatsoever used for  the  purposes  of  gambling  other  than
18    gambling  conducted in the manner authorized by the Riverboat
19    Gambling Act  or  the  Video  Gaming  Act.   Any  person  who
20    knowingly  permits any premises or property owned or occupied
21    by him or under his control to be used as  a  gambling  place
22    commits  a Class A misdemeanor.  Each subsequent offense is a
23    Class 4 felony.  When  any  premises  is  determined  by  the
24    circuit court to be a gambling place:
25        (a)  Such  premises  is  a  public  nuisance  and  may be
26    proceeded against as such, and
27        (b)  All licenses, permits or certificates issued by  the
28    State of Illinois or any subdivision or public agency thereof
29    authorizing  the  serving  of food or liquor on such premises
30    shall be void; and  no  license,  permit  or  certificate  so
31    cancelled shall be reissued for such premises for a period of
32    60 days thereafter; nor shall any person convicted of keeping
33    a  gambling  place be reissued such license for one year from
 
                            -30-     LRB093 03655 LRD 08167 b
 1    his conviction and, after a second conviction  of  keeping  a
 2    gambling  place,  any  such person shall not be reissued such
 3    license, and
 4        (c)  Such premises of any person  who  knowingly  permits
 5    thereon  a  violation of any Section of this Article shall be
 6    held liable for, and may  be  sold  to  pay  any  unsatisfied
 7    judgment  that may be recovered and any unsatisfied fine that
 8    may be levied under any Section of this Article.
 9    (Source: P.A. 86-1029.)

10        Section 199.  Effective date. This Act takes effect  upon
11    becoming law.