Sen. Terry Link

Filed: 5/5/2010

 

 


 

 


 
09600HB4927sam002 LRB096 17755 AMC 41230 a

1
AMENDMENT TO HOUSE BILL 4927

2     AMENDMENT NO. ______. Amend House Bill 4927, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Video Gaming Act is amended by changing
6 Sections 5, 15, 20, 25, 30, 35, 45, 55, 57, and 78 as follows:
 
7     (230 ILCS 40/5)
8     Sec. 5. Definitions. As used in this Act:
9     "Board" means the Illinois Gaming Board.
10     "Credit" means one, 5, 10, or 25 cents either won or
11 purchased by a player.
12     "Distributor" means an individual, partnership, or
13 corporation, or limited liability company licensed under this
14 Act to buy, sell, lease, or distribute video gaming terminals
15 or major components or parts of video gaming terminals to or
16 from terminal operators.

 

 

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1     "Terminal operator" means an individual, partnership, or
2 corporation, or limited liability company that is licensed
3 under this Act and that owns, services, and maintains video
4 gaming terminals for placement in licensed establishments,
5 licensed truck stop establishments, licensed fraternal
6 establishments, or licensed veterans establishments.
7     "Licensed technician" means an individual who is licensed
8 under this Act to repair, service, and maintain video gaming
9 terminals.
10     "Licensed terminal handler" means a person, including but
11 not limited to an employee or independent contractor working
12 for a manufacturer, distributor, supplier, technician, or
13 terminal operator, who is licensed under this Act to possess or
14 control a video gaming terminal or to have access to the inner
15 workings of a video gaming terminal. A licensed terminal
16 handler does not include an individual, partnership, or
17 corporation, or limited liability company defined as a
18 manufacturer, distributor, supplier, technician, or terminal
19 operator under this Act.
20     "Manufacturer" means an individual, partnership, or
21 corporation, or limited liability company that is licensed
22 under this Act and that manufactures or assembles video gaming
23 terminals.
24     "Supplier" means an individual, partnership, or
25 corporation, or limited liability company that is licensed
26 under this Act to supply major components or parts to video

 

 

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1 gaming terminals to licensed terminal operators.
2     "Net terminal income" means money put into a video gaming
3 terminal minus credits paid out to players.
4     "Video gaming terminal" means any electronic video game
5 machine that, upon insertion of cash, is available to play or
6 simulate the play of a video game, including but not limited to
7 video poker, line up, and blackjack, as authorized by the Board
8 utilizing a video display and microprocessors in which the
9 player may receive free games or credits that can be redeemed
10 for cash. The term does not include a machine that directly
11 dispenses coins, cash, or tokens or is for amusement purposes
12 only.
13     "Licensed establishment" means any licensed retail
14 establishment where alcoholic liquor is drawn, poured, mixed,
15 or otherwise served for consumption on the premises. "Licensed
16 establishment" does not include a facility operated by an
17 organization licensee, an intertrack wagering licensee, or an
18 intertrack wagering location licensee licensed under the
19 Illinois Horse Racing Act of 1975 or a riverboat licensed under
20 the Riverboat Gambling Act.
21     "Licensed fraternal establishment" means the location
22 where a qualified fraternal organization that derives its
23 charter from a national fraternal organization regularly
24 meets.
25     "Licensed veterans establishment" means the location where
26 a qualified veterans organization that derives its charter from

 

 

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1 a national veterans organization regularly meets.
2     "Licensed truck stop establishment" means a facility (i)
3 that is at least a 3-acre facility with a convenience store,
4 (ii) and with separate diesel islands for fueling commercial
5 motor vehicles, (iii) that sells at retail more than 10,000
6 gallons of diesel or biodiesel fuel per month, and (iv) with
7 and parking spaces for commercial motor vehicles. "Commercial
8 motor vehicles" has the same meaning as defined in Section
9 18b-101 of the Illinois Vehicle Code. The requirement of item
10 (iii) of this paragraph may be met by showing that estimated
11 future sales or past sales average at least 10,000 gallons per
12 month.
13 (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
 
14     (230 ILCS 40/15)
15     Sec. 15. Minimum requirements for licensing and
16 registration. Every video gaming terminal offered for play
17 shall first be tested and approved pursuant to the rules of the
18 Board, and each video gaming terminal offered in this State for
19 play shall conform to an approved model. The Board may utilize
20 the services of an independent outside testing laboratory for
21 the examination of video gaming machines and associated
22 equipment as required by this Section. Every video gaming
23 terminal offered in this State for play must meet minimum
24 standards set by an independent outside testing laboratory
25 approved by the Board. Each approved model shall, at a minimum,

 

 

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1 meet the following criteria:
2         (1) It must conform to all requirements of federal law
3     and regulations, including FCC Class A Emissions
4     Standards.
5         (2) It must theoretically pay out a mathematically
6     demonstrable percentage during the expected lifetime of
7     the machine of all amounts played, which must not be less
8     than 80%. The Board shall establish a maximum payout
9     percentage for approved models by rule. Video gaming
10     terminals that may be affected by skill must meet this
11     standard when using a method of play that will provide the
12     greatest return to the player over a period of continuous
13     play.
14         (3) It must use a random selection process to determine
15     the outcome of each play of a game. The random selection
16     process must meet 99% confidence limits using a standard
17     chi-squared test for (randomness) goodness of fit.
18         (4) It must display an accurate representation of the
19     game outcome.
20         (5) It must not automatically alter pay tables or any
21     function of the video gaming terminal based on internal
22     computation of hold percentage or have any means of
23     manipulation that affects the random selection process or
24     probabilities of winning a game.
25         (6) It must not be adversely affected by static
26     discharge or other electromagnetic interference.

 

 

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1         (7) It must be capable of detecting and displaying the
2     following conditions during idle states or on demand: power
3     reset; door open; and door just closed.
4         (8) It must have the capacity to display complete play
5     history (outcome, intermediate play steps, credits
6     available, bets placed, credits paid, and credits cashed
7     out) for the most recent game played and 10 games prior
8     thereto.
9         (9) The theoretical payback percentage of a video
10     gaming terminal must not be capable of being changed
11     without making a hardware or software change in the video
12     gaming terminal, either on site or via the central
13     communications system.
14         (10) Video gaming terminals must be designed so that
15     replacement of parts or modules required for normal
16     maintenance does not necessitate replacement of the
17     electromechanical meters.
18         (11) It must have nonresettable meters housed in a
19     locked area of the terminal that keep a permanent record of
20     all cash inserted into the machine, all winnings made by
21     the terminal printer, credits played in for video gaming
22     terminals, and credits won by video gaming players. The
23     video gaming terminal must provide the means for on-demand
24     display of stored information as determined by the Board.
25         (12) Electronically stored meter information required
26     by this Section must be preserved for a minimum of 180 days

 

 

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1     after a power loss to the service.
2         (13) It must have one or more mechanisms that accept
3     cash in the form of bills. The mechanisms shall be designed
4     to prevent obtaining credits without paying by stringing,
5     slamming, drilling, or other means. If such attempts at
6     physical tampering are made, the video gaming terminal
7     shall suspend itself from operating until reset.
8         (14) It shall have accounting software that keeps an
9     electronic record which includes, but is not limited to,
10     the following: total cash inserted into the video gaming
11     terminal; the value of winning tickets claimed by players;
12     the total credits played; the total credits awarded by a
13     video gaming terminal; and pay back percentage credited to
14     players of each video game.
15         (15) It shall be linked by a central communications
16     system to provide auditing program information as approved
17     by the Board. The central communications system shall use a
18     standard industry protocol, as defined by the Gaming
19     Standards Association, and shall have the functionality to
20     enable the Board or its designee to activate or deactivate
21     individual gaming devices from the central communications
22     system. In no event may the communications system approved
23     by the Board limit participation to only one manufacturer
24     of video gaming terminals by either the cost in
25     implementing the necessary program modifications to
26     communicate or the inability to communicate with the

 

 

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1     central communications system.
2         (16) The Board, in its discretion, may require video
3     gaming terminals to display Amber Alert messages if the
4     Board makes a finding that it would be economically and
5     technically feasible and pose no risk to the integrity and
6     security of the central communications system and video
7     gaming terminals.
8     The Board may adopt rules to establish additional criteria
9 to preserve the integrity and security of video gaming in this
10 State. The central communications system vendor may not hold
11 any license issued by the Board under this Act.
12 (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
 
13     (230 ILCS 40/20)
14     Sec. 20. Direct dispensing of receipt tickets only. A video
15 gaming terminal may not directly dispense coins, cash, tokens,
16 or any other article of exchange or value except for receipt
17 tickets. Tickets shall be dispensed by pressing the ticket
18 dispensing button on the video gaming terminal at the end of
19 one's turn or play. The ticket shall indicate the total amount
20 of credits and the cash award, the time of day in a 24-hour
21 format showing hours and minutes, the date, the terminal serial
22 number, the sequential number of the ticket, and an encrypted
23 validation number from which the validity of the prize may be
24 determined. The player shall turn in this ticket to the
25 appropriate person at the licensed establishment, licensed

 

 

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1 truck stop establishment, licensed fraternal establishment, or
2 licensed veterans establishment to receive the cash award. The
3 cost of the credit shall be one cent, 5 cents, 10 cents, or 25
4 cents, and the maximum wager played per hand shall not exceed
5 $2. No cash award for the maximum wager on any individual hand
6 shall exceed $500.
7 (Source: P.A. 96-34, eff. 7-13-09.)
 
8     (230 ILCS 40/25)
9     Sec. 25. Restriction of licensees.
10     (a) Manufacturer. A person may not be licensed as a
11 manufacturer of a video gaming terminal in Illinois unless the
12 person has a valid manufacturer's license issued under this
13 Act. A manufacturer may only sell video gaming terminals for
14 use in Illinois to persons having a valid distributor's
15 license.
16     (b) Distributor. A person may not sell, distribute, or
17 lease or market a video gaming terminal in Illinois unless the
18 person has a valid distributor's license issued under this Act.
19 A distributor may only sell video gaming terminals for use in
20 Illinois to persons having a valid distributor's or terminal
21 operator's license.
22     (c) Terminal operator. A person may not own, maintain, or
23 place a video gaming terminal unless he has a valid terminal
24 operator's license issued under this Act. A terminal operator
25 may only place video gaming terminals for use in Illinois in

 

 

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1 licensed establishments, licensed truck stop establishments,
2 licensed fraternal establishments, and licensed veterans
3 establishments. No terminal operator may give anything of
4 value, including but not limited to a loan or financing
5 arrangement, to a licensed establishment, licensed truck stop
6 establishment, licensed fraternal establishment, or licensed
7 veterans establishment as any incentive or inducement to locate
8 video terminals in that establishment. Of the after-tax profits
9 from a video gaming terminal, 50% shall be paid to the terminal
10 operator and 50% shall be paid to the licensed establishment,
11 licensed truck stop establishment, licensed fraternal
12 establishment, or licensed veterans establishment,
13 notwithstanding nothwithstanding any agreement to the
14 contrary. No terminal operator may own or have a substantial
15 interest in more than 5% of the video gaming terminals licensed
16 in this State. A video terminal operator that violates one or
17 more requirements of this subsection is guilty of a Class 4
18 felony and is subject to termination of his or her license by
19 the Board.
20     (d) Licensed technician. A person may not service,
21 maintain, or repair a video gaming terminal in this State
22 unless he or she (1) has a valid technician's license issued
23 under this Act, (2) is a terminal operator, or (3) is employed
24 by a terminal operator, distributor, or manufacturer.
25     (d-5) Licensed terminal handler. No person, including, but
26 not limited to, an employee or independent contractor working

 

 

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1 for a manufacturer, distributor, supplier, technician, or
2 terminal operator licensed pursuant to this Act, shall have
3 possession or control of a video gaming terminal, or access to
4 the inner workings of a video gaming terminal, unless that
5 person possesses a valid terminal handler's license issued
6 under this Act.
7     (e) Licensed establishment. No video gaming terminal may be
8 placed in any licensed establishment, licensed veterans
9 establishment, licensed truck stop establishment, or licensed
10 fraternal establishment unless the owner or agent of the owner
11 of the licensed establishment, licensed veterans
12 establishment, licensed truck stop establishment, or licensed
13 fraternal establishment has entered into a written use
14 agreement with the terminal operator for placement of the
15 terminals. A copy of the use agreement shall be on file in the
16 terminal operator's place of business and available for
17 inspection by individuals authorized by the Board. A licensed
18 establishment, licensed truck stop establishment, licensed
19 veterans establishment, or licensed fraternal establishment
20 may operate up to 5 video gaming terminals on its premises at
21 any time.
22     (f) (Blank).
23     (g) Financial interest restrictions. As used in this Act,
24 "substantial interest" in a partnership, a corporation, an
25 organization, an association, or a business, or a limited
26 liability company means:

 

 

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1         (A) When, with respect to a sole proprietorship, an
2     individual or his or her spouse owns, operates, manages, or
3     conducts, directly or indirectly, the organization,
4     association, or business, or any part thereof; or
5         (B) When, with respect to a partnership, the individual
6     or his or her spouse shares in any of the profits, or
7     potential profits, of the partnership activities; or
8         (C) When, with respect to a corporation, an individual
9     or his or her spouse is an officer or director, or the
10     individual or his or her spouse is a holder, directly or
11     beneficially, of 5% or more of any class of stock of the
12     corporation; or
13         (D) When, with respect to an organization not covered
14     in (A), (B) or (C) above, an individual or his or her
15     spouse is an officer or manages the business affairs, or
16     the individual or his or her spouse is the owner of or
17     otherwise controls 10% or more of the assets of the
18     organization; or
19         (E) When an individual or his or her spouse furnishes
20     5% or more of the capital, whether in cash, goods, or
21     services, for the operation of any business, association,
22     or organization during any calendar year; or .
23         (F) When, with respect to a limited liability company,
24     an individual or his or her spouse is a member, or the
25     individual or his or her spouse is a holder, directly or
26     beneficially, of 5% or more of the membership interest of

 

 

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1     the limited liability company.
2     For purposes of this subsection (g), "individual" includes
3 all individuals or their spouses whose combined interest would
4 qualify as a substantial interest under this subsection (g) and
5 whose activities with respect to an organization, association,
6 or business are so closely aligned or coordinated as to
7 constitute the activities of a single entity.
8     (h) Location restriction. A licensed establishment,
9 licensed truck stop establishment, licensed fraternal
10 establishment, or licensed veterans establishment that is (i)
11 located within 1,000 feet of a facility operated by an
12 organization organizational licensee, an inter-track
13 intertrack wagering licensee, or an inter-track intertrack
14 wagering location licensee licensed under the Illinois Horse
15 Racing Act of 1975 or the home dock of a riverboat licensed
16 under the Riverboat Gambling Act or (ii) located within with a
17 100 feet of a school or a place of worship under the Religious
18 Corporation Act, is ineligible to operate a video gaming
19 terminal. The location restrictions in this subsection (h) do
20 not apply if a facility operated by an organization licensee,
21 an inter-track wagering licensee, or an inter-track wagering
22 location licensee, a school, or a place of worship moves to or
23 is established within the restricted area after a licensed
24 establishment, licensed truck stop establishment, licensed
25 fraternal establishment, or licensed veterans establishment
26 becomes licensed under this Act. For the purpose of this

 

 

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1 subsection, "school" means an elementary or secondary public
2 school, or an elementary or secondary private school registered
3 with or recognized by the State Board of Education. "School"
4 does not include a day care center or a home school.
5     Notwithstanding the provisions of this subsection (h), the
6 Board may waive the requirement that a licensed establishment,
7 licensed truck stop establishment, licensed fraternal
8 establishment, or licensed veterans establishment not be
9 located within 1,000 feet from a facility operated by an
10 organization licensee, an inter-track wagering licensee, or an
11 inter-track wagering location licensee licensed under the
12 Illinois Horse Racing Act of 1975 or the home dock of a
13 riverboat licensed under the Riverboat Gambling Act. The Board
14 shall not grant such waiver if there is any common ownership or
15 control, shared business activity, or contractual arrangement
16 of any type between the establishment and the organization
17 licensee, inter-track wagering licensee, inter-track wagering
18 location licensee, or owners licensee of a riverboat. The Board
19 shall adopt rules to implement the provisions of this
20 paragraph.
21     (i) Undue economic concentration. In addition to
22 considering all other requirements under this Act, in deciding
23 whether to approve the operation of video gaming terminals by a
24 terminal operator in a location, the Board shall consider the
25 impact of any economic concentration of such operation of video
26 gaming terminals. The Board shall not allow a terminal operator

 

 

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1 to operate video gaming terminals if the Board determines such
2 operation will result in undue economic concentration. For
3 purposes of this Section, "undue economic concentration" means
4 that a terminal operator would have such actual or potential
5 influence over video gaming terminals in Illinois as to:
6         (1) substantially impede or suppress competition among
7     terminal operators;
8         (2) adversely impact the economic stability of the
9     video gaming industry in Illinois; or
10         (3) negatively impact the purposes of the Video Gaming
11     Act.
12     The Board shall adopt rules concerning undue economic
13 concentration with respect to the operation of video gaming
14 terminals in Illinois. The rules shall include, but not be
15 limited to, (i) limitations on the number of video gaming
16 terminals operated by any terminal operator within a defined
17 geographic radius and (ii) guidelines on the discontinuation of
18 operation of any such video gaming terminals the Board
19 determines will cause undue economic concentration.
20     (j) (i) The provisions of the Illinois Antitrust Act are
21 fully and equally applicable to the activities of any licensee
22 under this Act.
23 (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
24 eff. 7-13-09; revised 8-17-09.)
 
25     (230 ILCS 40/30)

 

 

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1     Sec. 30. Multiple types of licenses prohibited. A video
2 gaming terminal manufacturer may not be licensed as a video
3 gaming terminal operator or own, manage, or control a licensed
4 establishment, licensed truck stop establishment, licensed
5 fraternal establishment, or licensed veterans establishment,
6 and shall be licensed to sell only to persons having a valid
7 distributor's license or, if the manufacturer also holds a
8 valid distributor's license, to sell, distribute, lease, or
9 market to persons having a valid terminal operator's license
10 only to sell to distributors. A video gaming terminal
11 distributor may not be licensed as a video gaming terminal
12 operator or own, manage, or control a licensed establishment,
13 licensed truck stop establishment, licensed fraternal
14 establishment, or licensed veterans establishment, and shall
15 only contract with a licensed terminal operator. A video gaming
16 terminal operator may not be licensed as a video gaming
17 terminal manufacturer or distributor or own, manage, or control
18 a licensed establishment, licensed truck stop establishment,
19 licensed fraternal establishment, or licensed veterans
20 establishment, and shall be licensed only to contract with
21 licensed distributors and licensed establishments, licensed
22 truck stop establishments, licensed fraternal establishments,
23 and licensed veterans establishments. An owner or manager of a
24 licensed establishment, licensed truck stop establishment,
25 licensed fraternal establishment, or licensed veterans
26 establishment may not be licensed as a video gaming terminal

 

 

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1 manufacturer, distributor, or operator, and shall only
2 contract with a licensed operator to place and service this
3 equipment.
4 (Source: P.A. 96-34, eff. 7-13-09.)
 
5     (230 ILCS 40/35)
6     Sec. 35. Display of license; confiscation; violation as
7 felony.
8     (a) Each video gaming terminal shall be licensed by the
9 Board before placement or operation on the premises of a
10 licensed establishment, licensed truck stop establishment,
11 licensed fraternal establishment, or licensed veterans
12 establishment. The license of each video gaming terminal shall
13 be maintained at the location where the video gaming terminal
14 is operated. Failure to do so is a petty offense with a fine
15 not to exceed $100. Any licensed establishment, licensed truck
16 stop establishment, licensed fraternal establishment, or
17 licensed veterans establishment used for the conduct of
18 gambling games in violation of this Act shall be considered a
19 gambling place in violation of Section 28-3 of the Criminal
20 Code of 1961. Every gambling device found in a licensed
21 establishment, licensed truck stop establishment, licensed
22 fraternal establishment, or licensed veterans establishment
23 operating gambling games in violation of this Act shall be
24 subject to seizure, confiscation, and destruction as provided
25 in Section 28-5 of the Criminal Code of 1961. Any license

 

 

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1 issued under the Liquor Control Act of 1934 to any owner or
2 operator of a licensed establishment, licensed truck stop
3 establishment, licensed fraternal establishment, or licensed
4 veterans establishment that operates or permits the operation
5 of a video gaming terminal within its establishment in
6 violation of this Act shall be immediately revoked. No person
7 may own, operate, have in his or her possession or custody or
8 under his or her control, or permit to be kept in any place
9 under his or her possession or control, any device that awards
10 credits and contains a circuit, meter, or switch capable of
11 removing and recording the removal of credits when the award of
12 credits is dependent upon chance. A violation of this Section
13 is a Class 4 felony. All devices that are owned, operated, or
14 possessed in violation of this Section are hereby declared to
15 be public nuisances and shall be subject to seizure,
16 confiscation, and destruction as provided in Section 28-5 of
17 the Criminal Code of 1961. The provisions of this Section do
18 not apply to devices or electronic video game terminals
19 licensed pursuant to this Act. A video gaming terminal operated
20 for amusement only and bearing a valid amusement tax sticker
21 issued prior to July 13, 2009 (the effective date of Public Act
22 96-37) this amendatory Act of the 96th General Assembly shall
23 not be subject to this Section until the sooner of (i) the
24 expiration of the amusement tax sticker or (ii) 30 days after
25 the Board establishes that the central communications system is
26 functional.

 

 

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1     (b) (1) The odds of winning each video game shall be posted
2 on or near each video gaming terminal. The manner in which the
3 odds are calculated and how they are posted shall be determined
4 by the Board by rule.
5     (2) No video gaming terminal licensed under this Act may be
6 played except during the legal hours of operation allowed for
7 the consumption of alcoholic beverages at the licensed
8 establishment, licensed fraternal establishment, or licensed
9 veterans establishment. A licensed establishment, licensed
10 fraternal establishment, or licensed veterans establishment
11 that violates this subsection is subject to termination of its
12 license by the Board.
13 (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
 
14     (230 ILCS 40/45)
15     Sec. 45. Issuance of license.
16     (a) The burden is upon each applicant to demonstrate his
17 suitability for licensure. Each video gaming terminal
18 manufacturer, distributor, supplier, operator, handler,
19 licensed establishment, licensed truck stop establishment,
20 licensed fraternal establishment, and licensed veterans
21 establishment shall be licensed by the Board. The Board may
22 issue or deny a license under this Act to any person pursuant
23 to the same criteria set forth in Section 9 of the Riverboat
24 Gambling Act.
25     (a-5) The Board shall not grant a license to a person who

 

 

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1 has facilitated, enabled, or participated in the use of
2 coin-operated devices for gambling purposes or who is under the
3 significant influence or control of such a person. For the
4 purposes of this Act, "facilitated, enabled, or participated in
5 the use of coin-operated amusement devices for gambling
6 purposes" means that the person has been convicted of any
7 violation of Article 28 of the Criminal Code of 1961. If there
8 is pending legal action against a person for any such
9 violation, then the Board shall delay the licensure of that
10 person until the legal action is resolved.
11     (b) Each person seeking and possessing a license as a video
12 gaming terminal manufacturer, distributor, supplier, operator,
13 handler, licensed establishment, licensed truck stop
14 establishment, licensed fraternal establishment, or licensed
15 veterans establishment shall submit to a background
16 investigation conducted by the Board with the assistance of the
17 State Police or other law enforcement. The background
18 investigation shall include each beneficiary of a trust, each
19 partner of a partnership, and each director and officer and all
20 stockholders of 5% or more in a parent or subsidiary
21 corporation of a video gaming terminal manufacturer,
22 distributor, supplier, operator, or licensed establishment,
23 licensed truck stop establishment, licensed fraternal
24 establishment, or licensed veterans establishment.
25     (c) Each person seeking and possessing a license as a video
26 gaming terminal manufacturer, distributor, supplier, operator,

 

 

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1 handler, licensed establishment, licensed truck stop
2 establishment, licensed fraternal establishment, or licensed
3 veterans establishment shall disclose the identity of every
4 person, association, trust, or corporation, or limited
5 liability company having a greater than 1% direct or indirect
6 pecuniary interest in the video gaming terminal operation for
7 to which the license is sought. If the disclosed entity is a
8 trust, the application shall disclose the names and addresses
9 of the beneficiaries; if a corporation, the names and addresses
10 of all stockholders and directors; if a limited liability
11 company, the names and addresses of all members; or if a
12 partnership, the names and addresses of all partners, both
13 general and limited.
14     (d) No person may be licensed as a video gaming terminal
15 manufacturer, distributor, supplier, operator, handler,
16 licensed establishment, licensed truck stop establishment,
17 licensed fraternal establishment, or licensed veterans
18 establishment if that person has been found by the Board to:
19         (1) have a background, including a criminal record,
20     reputation, habits, social or business associations, or
21     prior activities that pose a threat to the public interests
22     of the State or to the security and integrity of video
23     gaming;
24         (2) create or enhance the dangers of unsuitable,
25     unfair, or illegal practices, methods, and activities in
26     the conduct of video gaming; or

 

 

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1         (3) present questionable business practices and
2     financial arrangements incidental to the conduct of video
3     gaming activities.
4     (e) Any applicant for any license under this Act has the
5 burden of proving his or her qualifications to the satisfaction
6 of the Board. The Board may adopt rules to establish additional
7 qualifications and requirements to preserve the integrity and
8 security of video gaming in this State.
9     (f) A non-refundable application fee shall be paid at the
10 time an application for a license is filed with the Board in
11 the following amounts:
12         (1) Manufacturer..........................$5,000
13         (2) Distributor...........................$5,000
14         (3) Terminal operator.....................$5,000
15         (4) Supplier..............................$2,500
16         (5) Technician..............................$100
17         (6) Terminal Handler..............................$50
18     (g) The Board shall establish an annual fee for each
19 license not to exceed the following:
20         (1) Manufacturer.........................$10,000
21         (2) Distributor..........................$10,000
22         (3) Terminal operator.....................$5,000
23         (4) Supplier..............................$2,000
24         (5) Technician..............................$100
25         (6) Licensed establishment, licensed truck stop
26     establishment, licensed fraternal establishment,

 

 

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1     or licensed veterans establishment..............$100
2         (7) Video gaming terminal...................$100
3         (8) Terminal Handler..............................$50
4 (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
5 eff. 7-13-09; revised 8-17-09.)
 
6     (230 ILCS 40/55)
7     Sec. 55. Precondition for licensed location establishment.
8 In all cases of application for a licensed location
9 establishment, to operate a video gaming terminal, each
10 licensed establishment licensed truck stop establishment,
11 licensed fraternal establishment, or licensed veterans
12 establishment shall possess a valid liquor license issued by
13 the Illinois Liquor Control Commission in effect at the time of
14 application and at all times thereafter during which a video
15 gaming terminal is made available to the public for play at
16 that location. Video gaming terminals in a licensed location
17 shall be operated only during the same hours of operation
18 generally permitted to holders of a license under the Liquor
19 Control Act of 1934 within the unit of local government in
20 which they are located. A licensed truck stop establishment
21 that does not hold a liquor license may operate video gaming
22 terminals on a continuous basis.
23 (Source: P.A. 96-34, eff. 7-13-09.)
 
24     (230 ILCS 40/57)

 

 

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1     Sec. 57. Insurance. Each terminal operator licensed
2 establishment, licensed truck stop establishment, licensed
3 fraternal establishment, and licensed veterans establishment
4 shall maintain liability insurance on any gaming device that it
5 places in a licensed video gaming location on its premises in
6 an amount set by the Board.
7 (Source: P.A. 96-34, eff. 7-13-09.)
 
8     (230 ILCS 40/78)
9     Sec. 78. Authority of the Illinois Gaming Board.
10     (a) The Board shall have jurisdiction over and shall
11 supervise all gaming operations governed by this Act. The Board
12 shall have all powers necessary and proper to fully and
13 effectively execute the provisions of this Act, including, but
14 not limited to, the following:
15         (1) To investigate applicants and determine the
16     eligibility of applicants for licenses and to select among
17     competing applicants the applicants which best serve the
18     interests of the citizens of Illinois.
19         (2) To have jurisdiction and supervision over all video
20     gaming operations in this State and all persons in
21     establishments where video gaming operations are
22     conducted.
23         (3) To adopt rules for the purpose of administering the
24     provisions of this Act and to prescribe rules, regulations,
25     and conditions under which all video gaming in the State

 

 

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1     shall be conducted. Such rules and regulations are to
2     provide for the prevention of practices detrimental to the
3     public interest and for the best interests of video gaming,
4     including rules and regulations regarding the inspection
5     of such establishments and the review of any permits or
6     licenses necessary to operate an establishment under any
7     laws or regulations applicable to establishments and to
8     impose penalties for violations of this Act and its rules.
9     (b) The Within 60 days after the effective date of this
10 amendatory Act of the 96th General Assembly, the Board shall
11 adopt emergency rules to administer this Act in accordance with
12 Section 5-45 of the Illinois Administrative Procedure Act. For
13 the purposes of the Illinois Administrative Procedure Act, the
14 General Assembly finds that the adoption of rules to implement
15 this Act is deemed an emergency and necessary to the public
16 interest, safety, and welfare.
17 (Source: P.A. 96-38, eff. 7-13-09.)
 
18     Section 97. Severability. The provisions of this Act are
19 severable under Section 1.31 of the Statute on Statutes.
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".