SB1937 Enrolled LRB096 09645 AMC 19806 b

1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Riverboat Gambling Act is amended by
5 changing Sections 4, 5, 5.1, 6, 7, 9, 11, 12, 13, 15, and 18 and
6 by adding Section 5.2 as follows:
 
7     (230 ILCS 10/4)  (from Ch. 120, par. 2404)
8     Sec. 4. Definitions. As used in this Act:
9     (a) "Board" means the Illinois Gaming Board.
10     (b) "Occupational license" means a license issued by the
11 Board to a person or entity to perform an occupation which the
12 Board has identified as requiring a license to engage in
13 riverboat gambling in Illinois.
14     (c) "Gambling game" includes, but is not limited to,
15 baccarat, twenty-one, poker, craps, slot machine, video game of
16 chance, roulette wheel, klondike table, punchboard, faro
17 layout, keno layout, numbers ticket, push card, jar ticket, or
18 pull tab which is authorized by the Board as a wagering device
19 under this Act.
20     (d) "Riverboat" means a self-propelled excursion boat, a
21 permanently moored barge, or permanently moored barges that are
22 permanently fixed together to operate as one vessel, on which
23 lawful gambling is authorized and licensed as provided in this

 

 

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1 Act.
2     (e) "Managers license" means a license issued by the Board
3 to a person or entity to manage gambling operations conducted
4 by the State pursuant to Section 7.3.
5     (f) "Dock" means the location where a riverboat moors for
6 the purpose of embarking passengers for and disembarking
7 passengers from the riverboat.
8     (g) "Gross receipts" means the total amount of money
9 exchanged for the purchase of chips, tokens or electronic cards
10 by riverboat patrons.
11     (h) "Adjusted gross receipts" means the gross receipts less
12 winnings paid to wagerers.
13     (i) "Cheat" means to alter the selection of criteria which
14 determine the result of a gambling game or the amount or
15 frequency of payment in a gambling game.
16     (j) (Blank) "Department" means the Department of Revenue.
17     (k) "Gambling operation" means the conduct of authorized
18 gambling games upon a riverboat.
19     (l) "License bid" means the lump sum amount of money that
20 an applicant bids and agrees to pay the State in return for an
21 owners license that is re-issued on or after July 1, 2003.
22     (m) The terms "minority person", and "female", and "person
23 with a disability" shall have the same meaning as defined in
24 Section 2 of the Business Enterprise for Minorities, Females,
25 and Persons with Disabilities Act.
26 (Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1     (230 ILCS 10/5)  (from Ch. 120, par. 2405)
2     Sec. 5. Gaming Board.
3     (a) (1) There is hereby established the within the
4 Department of Revenue an Illinois Gaming Board, which shall
5 have the powers and duties specified in this Act, and all other
6 powers necessary and proper to fully and effectively execute
7 this Act for the purpose of administering, regulating, and
8 enforcing the system of riverboat gambling established by this
9 Act. Its jurisdiction shall extend under this Act to every
10 person, association, corporation, partnership and trust
11 involved in riverboat gambling operations in the State of
12 Illinois.
13     (2) The Board shall consist of 5 members to be appointed by
14 the Governor with the advice and consent of the Senate, one of
15 whom shall be designated by the Governor to be chairman. Each
16 member shall have a reasonable knowledge of the practice,
17 procedure and principles of gambling operations. Each member
18 shall either be a resident of Illinois or shall certify that he
19 will become a resident of Illinois before taking office. At
20 least one member shall be experienced in law enforcement and
21 criminal investigation, at least one member shall be a
22 certified public accountant experienced in accounting and
23 auditing, and at least one member shall be a lawyer licensed to
24 practice law in Illinois.
25     (3) The terms of office of the Board members shall be 3

 

 

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1 years, except that the terms of office of the initial Board
2 members appointed pursuant to this Act will commence from the
3 effective date of this Act and run as follows: one for a term
4 ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
5 a term ending July 1, 1993. Upon the expiration of the
6 foregoing terms, the successors of such members shall serve a
7 term for 3 years and until their successors are appointed and
8 qualified for like terms. Vacancies in the Board shall be
9 filled for the unexpired term in like manner as original
10 appointments. Each member of the Board shall be eligible for
11 reappointment at the discretion of the Governor with the advice
12 and consent of the Senate.
13     (4) Each member of the Board shall receive $300 for each
14 day the Board meets and for each day the member conducts any
15 hearing pursuant to this Act. Each member of the Board shall
16 also be reimbursed for all actual and necessary expenses and
17 disbursements incurred in the execution of official duties.
18     (5) No person shall be appointed a member of the Board or
19 continue to be a member of the Board who is, or whose spouse,
20 child or parent is, a member of the board of directors of, or a
21 person financially interested in, any gambling operation
22 subject to the jurisdiction of this Board, or any race track,
23 race meeting, racing association or the operations thereof
24 subject to the jurisdiction of the Illinois Racing Board. No
25 Board member shall hold any other public office for which he
26 shall receive compensation other than necessary travel or other

 

 

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1 incidental expenses. No person shall be a member of the Board
2 who is not of good moral character or who has been convicted
3 of, or is under indictment for, a felony under the laws of
4 Illinois or any other state, or the United States.
5     (5.5) No member of the Board shall engage in any political
6 activity. For the purposes of this Section, "political" means
7 any activity in support of or in connection with any campaign
8 for federal, State, or local elective office or any political
9 organization, but does not include activities (i) relating to
10 the support or opposition of any executive, legislative, or
11 administrative action (as those terms are defined in Section 2
12 of the Lobbyist Registration Act), (ii) relating to collective
13 bargaining, or (iii) that are otherwise in furtherance of the
14 person's official State duties or governmental and public
15 service functions.
16     (6) Any member of the Board may be removed by the Governor
17 for neglect of duty, misfeasance, malfeasance, or nonfeasance
18 in office or for engaging in any political activity.
19     (7) Before entering upon the discharge of the duties of his
20 office, each member of the Board shall take an oath that he
21 will faithfully execute the duties of his office according to
22 the laws of the State and the rules and regulations adopted
23 therewith and shall give bond to the State of Illinois,
24 approved by the Governor, in the sum of $25,000. Every such
25 bond, when duly executed and approved, shall be recorded in the
26 office of the Secretary of State. Whenever the Governor

 

 

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1 determines that the bond of any member of the Board has become
2 or is likely to become invalid or insufficient, he shall
3 require such member forthwith to renew his bond, which is to be
4 approved by the Governor. Any member of the Board who fails to
5 take oath and give bond within 30 days from the date of his
6 appointment, or who fails to renew his bond within 30 days
7 after it is demanded by the Governor, shall be guilty of
8 neglect of duty and may be removed by the Governor. The cost of
9 any bond given by any member of the Board under this Section
10 shall be taken to be a part of the necessary expenses of the
11 Board.
12     (8) The Upon the request of the Board, the Department shall
13 employ such personnel as may be necessary to carry out its the
14 functions and shall determine the salaries of all personnel,
15 except those personnel whose salaries are determined under the
16 terms of a collective bargaining agreement of the Board. No
17 person shall be employed to serve the Board who is, or whose
18 spouse, parent or child is, an official of, or has a financial
19 interest in or financial relation with, any operator engaged in
20 gambling operations within this State or any organization
21 engaged in conducting horse racing within this State. Any
22 employee violating these prohibitions shall be subject to
23 termination of employment.
24     (9) An Administrator shall perform any and all duties that
25 the Board shall assign him. The salary of the Administrator
26 shall be determined by the Board and approved by the Director

 

 

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1 of the Department and, in addition, he shall be reimbursed for
2 all actual and necessary expenses incurred by him in discharge
3 of his official duties. The Administrator shall keep records of
4 all proceedings of the Board and shall preserve all records,
5 books, documents and other papers belonging to the Board or
6 entrusted to its care. The Administrator shall devote his full
7 time to the duties of the office and shall not hold any other
8 office or employment.
9     (b) The Board shall have general responsibility for the
10 implementation of this Act. Its duties include, without
11 limitation, the following:
12         (1) To decide promptly and in reasonable order all
13     license applications. Any party aggrieved by an action of
14     the Board denying, suspending, revoking, restricting or
15     refusing to renew a license may request a hearing before
16     the Board. A request for a hearing must be made to the
17     Board in writing within 5 days after service of notice of
18     the action of the Board. Notice of the action of the Board
19     shall be served either by personal delivery or by certified
20     mail, postage prepaid, to the aggrieved party. Notice
21     served by certified mail shall be deemed complete on the
22     business day following the date of such mailing. The Board
23     shall conduct all requested hearings promptly and in
24     reasonable order;
25         (2) To conduct all hearings pertaining to civil
26     violations of this Act or rules and regulations promulgated

 

 

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1     hereunder;
2         (3) To promulgate such rules and regulations as in its
3     judgment may be necessary to protect or enhance the
4     credibility and integrity of gambling operations
5     authorized by this Act and the regulatory process
6     hereunder;
7         (4) To provide for the establishment and collection of
8     all license and registration fees and taxes imposed by this
9     Act and the rules and regulations issued pursuant hereto.
10     All such fees and taxes shall be deposited into the State
11     Gaming Fund;
12         (5) To provide for the levy and collection of penalties
13     and fines for the violation of provisions of this Act and
14     the rules and regulations promulgated hereunder. All such
15     fines and penalties shall be deposited into the Education
16     Assistance Fund, created by Public Act 86-0018, of the
17     State of Illinois;
18         (6) To be present through its inspectors and agents any
19     time gambling operations are conducted on any riverboat for
20     the purpose of certifying the revenue thereof, receiving
21     complaints from the public, and conducting such other
22     investigations into the conduct of the gambling games and
23     the maintenance of the equipment as from time to time the
24     Board may deem necessary and proper;
25         (7) To review and rule upon any complaint by a licensee
26     regarding any investigative procedures of the State which

 

 

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1     are unnecessarily disruptive of gambling operations. The
2     need to inspect and investigate shall be presumed at all
3     times. The disruption of a licensee's operations shall be
4     proved by clear and convincing evidence, and establish
5     that: (A) the procedures had no reasonable law enforcement
6     purposes, and (B) the procedures were so disruptive as to
7     unreasonably inhibit gambling operations;
8         (8) To hold at least one meeting each quarter of the
9     fiscal year. In addition, special meetings may be called by
10     the Chairman or any 2 Board members upon 72 hours written
11     notice to each member. All Board meetings shall be subject
12     to the Open Meetings Act. Three members of the Board shall
13     constitute a quorum, and 3 votes shall be required for any
14     final determination by the Board. The Board shall keep a
15     complete and accurate record of all its meetings. A
16     majority of the members of the Board shall constitute a
17     quorum for the transaction of any business, for the
18     performance of any duty, or for the exercise of any power
19     which this Act requires the Board members to transact,
20     perform or exercise en banc, except that, upon order of the
21     Board, one of the Board members or an administrative law
22     judge designated by the Board may conduct any hearing
23     provided for under this Act or by Board rule and may
24     recommend findings and decisions to the Board. The Board
25     member or administrative law judge conducting such hearing
26     shall have all powers and rights granted to the Board in

 

 

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1     this Act. The record made at the time of the hearing shall
2     be reviewed by the Board, or a majority thereof, and the
3     findings and decision of the majority of the Board shall
4     constitute the order of the Board in such case;
5         (9) To maintain records which are separate and distinct
6     from the records of any other State board or commission.
7     Such records shall be available for public inspection and
8     shall accurately reflect all Board proceedings;
9         (10) To file a written annual report with the Governor
10     on or before March 1 each year and such additional reports
11     as the Governor may request. The annual report shall
12     include a statement of receipts and disbursements by the
13     Board, actions taken by the Board, and any additional
14     information and recommendations which the Board may deem
15     valuable or which the Governor may request;
16         (11) (Blank);
17         (12) (Blank); To assume responsibility for the
18     administration and enforcement of the Bingo License and Tax
19     Act, the Charitable Games Act, and the Pull Tabs and Jar
20     Games Act if such responsibility is delegated to it by the
21     Director of Revenue; and
22         (13) To assume responsibility for administration and
23     enforcement of the Video Gaming Act; and .
24         (14) To adopt, by rule, a code of conduct governing
25     Board members and employees that ensure, to the maximum
26     extent possible, that persons subject to this Code avoid

 

 

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1     situations, relationships, or associations that may
2     represent or lead to a conflict of interest.
3     (c) The Board shall have jurisdiction over and shall
4 supervise all gambling operations governed by this Act. The
5 Board shall have all powers necessary and proper to fully and
6 effectively execute the provisions of this Act, including, but
7 not limited to, the following:
8         (1) To investigate applicants and determine the
9     eligibility of applicants for licenses and to select among
10     competing applicants the applicants which best serve the
11     interests of the citizens of Illinois.
12         (2) To have jurisdiction and supervision over all
13     riverboat gambling operations in this State and all persons
14     on riverboats where gambling operations are conducted.
15         (3) To promulgate rules and regulations for the purpose
16     of administering the provisions of this Act and to
17     prescribe rules, regulations and conditions under which
18     all riverboat gambling in the State shall be conducted.
19     Such rules and regulations are to provide for the
20     prevention of practices detrimental to the public interest
21     and for the best interests of riverboat gambling, including
22     rules and regulations regarding the inspection of such
23     riverboats and the review of any permits or licenses
24     necessary to operate a riverboat under any laws or
25     regulations applicable to riverboats, and to impose
26     penalties for violations thereof.

 

 

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1         (4) To enter the office, riverboats, facilities, or
2     other places of business of a licensee, where evidence of
3     the compliance or noncompliance with the provisions of this
4     Act is likely to be found.
5         (5) To investigate alleged violations of this Act or
6     the rules of the Board and to take appropriate disciplinary
7     action against a licensee or a holder of an occupational
8     license for a violation, or institute appropriate legal
9     action for enforcement, or both.
10         (6) To adopt standards for the licensing of all persons
11     under this Act, as well as for electronic or mechanical
12     gambling games, and to establish fees for such licenses.
13         (7) To adopt appropriate standards for all riverboats
14     and facilities.
15         (8) To require that the records, including financial or
16     other statements of any licensee under this Act, shall be
17     kept in such manner as prescribed by the Board and that any
18     such licensee involved in the ownership or management of
19     gambling operations submit to the Board an annual balance
20     sheet and profit and loss statement, list of the
21     stockholders or other persons having a 1% or greater
22     beneficial interest in the gambling activities of each
23     licensee, and any other information the Board deems
24     necessary in order to effectively administer this Act and
25     all rules, regulations, orders and final decisions
26     promulgated under this Act.

 

 

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1         (9) To conduct hearings, issue subpoenas for the
2     attendance of witnesses and subpoenas duces tecum for the
3     production of books, records and other pertinent documents
4     in accordance with the Illinois Administrative Procedure
5     Act, and to administer oaths and affirmations to the
6     witnesses, when, in the judgment of the Board, it is
7     necessary to administer or enforce this Act or the Board
8     rules.
9         (10) To prescribe a form to be used by any licensee
10     involved in the ownership or management of gambling
11     operations as an application for employment for their
12     employees.
13         (11) To revoke or suspend licenses, as the Board may
14     see fit and in compliance with applicable laws of the State
15     regarding administrative procedures, and to review
16     applications for the renewal of licenses. The Board may
17     suspend an owners license, without notice or hearing upon a
18     determination that the safety or health of patrons or
19     employees is jeopardized by continuing a riverboat's
20     operation. The suspension may remain in effect until the
21     Board determines that the cause for suspension has been
22     abated. The Board may revoke the owners license upon a
23     determination that the owner has not made satisfactory
24     progress toward abating the hazard.
25         (12) To eject or exclude or authorize the ejection or
26     exclusion of, any person from riverboat gambling

 

 

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1     facilities where such person is in violation of this Act,
2     rules and regulations thereunder, or final orders of the
3     Board, or where such person's conduct or reputation is such
4     that his presence within the riverboat gambling facilities
5     may, in the opinion of the Board, call into question the
6     honesty and integrity of the gambling operations or
7     interfere with orderly conduct thereof; provided that the
8     propriety of such ejection or exclusion is subject to
9     subsequent hearing by the Board.
10         (13) To require all licensees of gambling operations to
11     utilize a cashless wagering system whereby all players'
12     money is converted to tokens, electronic cards, or chips
13     which shall be used only for wagering in the gambling
14     establishment.
15         (14) (Blank).
16         (15) To suspend, revoke or restrict licenses, to
17     require the removal of a licensee or an employee of a
18     licensee for a violation of this Act or a Board rule or for
19     engaging in a fraudulent practice, and to impose civil
20     penalties of up to $5,000 against individuals and up to
21     $10,000 or an amount equal to the daily gross receipts,
22     whichever is larger, against licensees for each violation
23     of any provision of the Act, any rules adopted by the
24     Board, any order of the Board or any other action which, in
25     the Board's discretion, is a detriment or impediment to
26     riverboat gambling operations.

 

 

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1         (16) To hire employees to gather information, conduct
2     investigations and carry out any other tasks contemplated
3     under this Act.
4         (17) To establish minimum levels of insurance to be
5     maintained by licensees.
6         (18) To authorize a licensee to sell or serve alcoholic
7     liquors, wine or beer as defined in the Liquor Control Act
8     of 1934 on board a riverboat and to have exclusive
9     authority to establish the hours for sale and consumption
10     of alcoholic liquor on board a riverboat, notwithstanding
11     any provision of the Liquor Control Act of 1934 or any
12     local ordinance, and regardless of whether the riverboat
13     makes excursions. The establishment of the hours for sale
14     and consumption of alcoholic liquor on board a riverboat is
15     an exclusive power and function of the State. A home rule
16     unit may not establish the hours for sale and consumption
17     of alcoholic liquor on board a riverboat. This amendatory
18     Act of 1991 is a denial and limitation of home rule powers
19     and functions under subsection (h) of Section 6 of Article
20     VII of the Illinois Constitution.
21         (19) After consultation with the U.S. Army Corps of
22     Engineers, to establish binding emergency orders upon the
23     concurrence of a majority of the members of the Board
24     regarding the navigability of water, relative to
25     excursions, in the event of extreme weather conditions,
26     acts of God or other extreme circumstances.

 

 

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1         (20) To delegate the execution of any of its powers
2     under this Act for the purpose of administering and
3     enforcing this Act and its rules and regulations hereunder.
4         (20.5) To approve any contract entered into on its
5     behalf.
6         (20.6) To appoint investigators to conduct
7     investigations, searches, seizures, arrests, and other
8     duties imposed under this Act, as deemed necessary by the
9     Board. These investigators have and may exercise all of the
10     rights and powers of peace officers, provided that these
11     powers shall be limited to offenses or violations occurring
12     or committed on a riverboat or dock, as defined in
13     subsections (d) and (f) of Section 4, or as otherwise
14     provided by this Act or any other law.
15         (20.7) To contract with the Department of State Police
16     for the use of trained and qualified State police officers
17     and with the Department of Revenue for the use of trained
18     and qualified Department of Revenue investigators to
19     conduct investigations, searches, seizures, arrests, and
20     other duties imposed under this Act and to exercise all of
21     the rights and powers of peace officers, provided that the
22     powers of Department of Revenue investigators under this
23     subdivision (20.7) shall be limited to offenses or
24     violations occurring or committed on a riverboat or dock,
25     as defined in subsections (d) and (f) of Section 4, or as
26     otherwise provided by this Act or any other law. In the

 

 

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1     event the Department of State Police or the Department of
2     Revenue is unable to fill contracted police or
3     investigative positions, the Board may appoint
4     investigators to fill those positions pursuant to
5     subdivision (20.6).
6         (21) To take any other action as may be reasonable or
7     appropriate to enforce this Act and rules and regulations
8     hereunder.
9     (d) The Board may seek and shall receive the cooperation of
10 the Department of State Police in conducting background
11 investigations of applicants and in fulfilling its
12 responsibilities under this Section. Costs incurred by the
13 Department of State Police as a result of such cooperation
14 shall be paid by the Board in conformance with the requirements
15 of Section 2605-400 of the Department of State Police Law (20
16 ILCS 2605/2605-400).
17     (e) The Board must authorize to each investigator and to
18 any other employee of the Board exercising the powers of a
19 peace officer a distinct badge that, on its face, (i) clearly
20 states that the badge is authorized by the Board and (ii)
21 contains a unique identifying number. No other badge shall be
22 authorized by the Board.
23 (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; revised
24 8-20-09.)
 
25     (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)

 

 

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1     Sec. 5.1. Disclosure of records.
2     (a) Notwithstanding any applicable statutory provision to
3 the contrary, the Board shall, on written request from any
4 person, provide information furnished by an applicant or
5 licensee concerning the applicant or licensee, his products,
6 services or gambling enterprises and his business holdings, as
7 follows:
8         (1) The name, business address and business telephone
9     number of any applicant or licensee.
10         (2) An identification of any applicant or licensee
11     including, if an applicant or licensee is not an
12     individual, the state of incorporation or registration,
13     the corporate officers, and the identity of all
14     shareholders or participants. If an applicant or licensee
15     has a pending registration statement filed with the
16     Securities and Exchange Commission, only the names of those
17     persons or entities holding interest of 5% or more must be
18     provided.
19         (3) An identification of any business, including, if
20     applicable, the state of incorporation or registration, in
21     which an applicant or licensee or an applicant's or
22     licensee's spouse or children has an equity interest of
23     more than 1% 5%. If an applicant or licensee is a
24     corporation, partnership or other business entity, the
25     applicant or licensee shall identify any other
26     corporation, partnership or business entity in which it has

 

 

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1     an equity interest of 1% 5% or more, including, if
2     applicable, the state of incorporation or registration.
3     This information need not be provided by a corporation,
4     partnership or other business entity that has a pending
5     registration statement filed with the Securities and
6     Exchange Commission.
7         (4) Whether an applicant or licensee has been indicted,
8     convicted, pleaded guilty or nolo contendere, or forfeited
9     bail concerning any criminal offense under the laws of any
10     jurisdiction, either felony or misdemeanor (except for
11     traffic violations), including the date, the name and
12     location of the court, arresting agency and prosecuting
13     agency, the case number, the offense, the disposition and
14     the location and length of incarceration.
15         (5) Whether an applicant or licensee has had any
16     license or certificate issued by a licensing authority in
17     Illinois or any other jurisdiction denied, restricted,
18     suspended, revoked or not renewed and a statement
19     describing the facts and circumstances concerning the
20     denial, restriction, suspension, revocation or
21     non-renewal, including the licensing authority, the date
22     each such action was taken, and the reason for each such
23     action.
24         (6) Whether an applicant or licensee has ever filed or
25     had filed against it a proceeding in bankruptcy or has ever
26     been involved in any formal process to adjust, defer,

 

 

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1     suspend or otherwise work out the payment of any debt
2     including the date of filing, the name and location of the
3     court, the case and number of the disposition.
4         (7) Whether an applicant or licensee has filed, or been
5     served with a complaint or other notice filed with any
6     public body, regarding the delinquency in the payment of,
7     or a dispute over the filings concerning the payment of,
8     any tax required under federal, State or local law,
9     including the amount, type of tax, the taxing agency and
10     time periods involved.
11         (8) A statement listing the names and titles of all
12     public officials or officers of any unit of government, and
13     relatives of said public officials or officers who,
14     directly or indirectly, own any financial interest in, have
15     any beneficial interest in, are the creditors of or hold
16     any debt instrument issued by, or hold or have any interest
17     in any contractual or service relationship with, an
18     applicant or licensee.
19         (9) Whether an applicant or licensee has made, directly
20     or indirectly, any political contribution, or any loans,
21     donations or other payments, to any candidate or office
22     holder, within 5 years from the date of filing the
23     application, including the amount and the method of
24     payment.
25         (10) The name and business telephone number of the
26     counsel representing an applicant or licensee in matters

 

 

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1     before the Board.
2         (11) A description of any proposed or approved
3     riverboat gaming operation, including the type of boat,
4     home dock location, expected economic benefit to the
5     community, anticipated or actual number of employees, any
6     statement from an applicant or licensee regarding
7     compliance with federal and State affirmative action
8     guidelines, projected or actual admissions and projected
9     or actual adjusted gross gaming receipts.
10         (12) A description of the product or service to be
11     supplied by an applicant for a supplier's license.
12     (b) Notwithstanding any applicable statutory provision to
13 the contrary, the Board shall, on written request from any
14 person, also provide the following information:
15         (1) The amount of the wagering tax and admission tax
16     paid daily to the State of Illinois by the holder of an
17     owner's license.
18         (2) Whenever the Board finds an applicant for an
19     owner's license unsuitable for licensing, a copy of the
20     written letter outlining the reasons for the denial.
21         (3) Whenever the Board has refused to grant leave for
22     an applicant to withdraw his application, a copy of the
23     letter outlining the reasons for the refusal.
24     (c) Subject to the above provisions, the Board shall not
25 disclose any information which would be barred by:
26         (1) Section 7 of the Freedom of Information Act; or

 

 

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1         (2) The statutes, rules, regulations or
2     intergovernmental agreements of any jurisdiction.
3     (d) The Board may assess fees for the copying of
4 information in accordance with Section 6 of the Freedom of
5 Information Act.
6 (Source: P.A. 87-826.)
 
7     (230 ILCS 10/5.2 new)
8     Sec. 5.2. Separation from Department of Revenue. As of July
9 1, 2009, all of the powers, duties, assets, liabilities,
10 employees, contracts, property, records, pending business, and
11 unexpended appropriations of the Department of Revenue related
12 to the administration and enforcement of this Act are
13 transferred to the Illinois Gaming Board.
14     The status and rights of the transferred employees, and the
15 rights of the State of Illinois and its agencies, under the
16 Personnel Code and applicable collective bargaining agreements
17 or under any pension, retirement, or annuity plan are not
18 affected (except as provided in Sections 14-110 and 18-127 of
19 the Illinois Pension Code) by that transfer or by any other
20 provision of this amendatory Act of the 96th General Assembly.
21     This Section is declarative of existing law.
 
22     (230 ILCS 10/6)  (from Ch. 120, par. 2406)
23     Sec. 6. Application for Owners License.
24     (a) A qualified person may apply to the Board for an owners

 

 

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1 license to conduct a riverboat gambling operation as provided
2 in this Act. The application shall be made on forms provided by
3 the Board and shall contain such information as the Board
4 prescribes, including but not limited to the identity of the
5 riverboat on which such gambling operation is to be conducted
6 and the exact location where such riverboat will be docked, a
7 certification that the riverboat will be registered under this
8 Act at all times during which gambling operations are conducted
9 on board, detailed information regarding the ownership and
10 management of the applicant, and detailed personal information
11 regarding the applicant. Any application for an owners license
12 to be re-issued on or after June 1, 2003 shall also include the
13 applicant's license bid in a form prescribed by the Board.
14 Information provided on the application shall be used as a
15 basis for a thorough background investigation which the Board
16 shall conduct with respect to each applicant. An incomplete
17 application shall be cause for denial of a license by the
18 Board.
19     (b) Applicants shall submit with their application all
20 documents, resolutions, and letters of support from the
21 governing body that represents the municipality or county
22 wherein the licensee will dock.
23     (c) Each applicant shall disclose the identity of every
24 person, association, trust or corporation having a greater than
25 1% direct or indirect pecuniary interest in the riverboat
26 gambling operation with respect to which the license is sought.

 

 

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1 If the disclosed entity is a trust, the application shall
2 disclose the names and addresses of the beneficiaries; if a
3 corporation, the names and addresses of all stockholders and
4 directors; if a partnership, the names and addresses of all
5 partners, both general and limited.
6     (d) An application shall be filed and considered in
7 accordance with the rules of the Board with the Board by
8 January 1 of the year preceding any calendar year for which an
9 applicant seeks an owners license; however, applications for an
10 owners license permitting operations on January 1, 1991 shall
11 be filed by July 1, 1990. An application fee of $50,000 shall
12 be paid at the time of filing to defray the costs associated
13 with the background investigation conducted by the Board. If
14 the costs of the investigation exceed $50,000, the applicant
15 shall pay the additional amount to the Board. If the costs of
16 the investigation are less than $50,000, the applicant shall
17 receive a refund of the remaining amount. All information,
18 records, interviews, reports, statements, memoranda or other
19 data supplied to or used by the Board in the course of its
20 review or investigation of an application for a license or a
21 renewal under this Act shall be privileged, strictly
22 confidential and shall be used only for the purpose of
23 evaluating an applicant for a license or a renewal. Such
24 information, records, interviews, reports, statements,
25 memoranda or other data shall not be admissible as evidence,
26 nor discoverable in any action of any kind in any court or

 

 

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1 before any tribunal, board, agency or person, except for any
2 action deemed necessary by the Board.
3     (e) The Board shall charge each applicant a fee set by the
4 Department of State Police to defray the costs associated with
5 the search and classification of fingerprints obtained by the
6 Board with respect to the applicant's application. These fees
7 shall be paid into the State Police Services Fund.
8     (f) The licensed owner shall be the person primarily
9 responsible for the boat itself. Only one riverboat gambling
10 operation may be authorized by the Board on any riverboat. The
11 applicant must identify each riverboat it intends to use and
12 certify that the riverboat: (1) has the authorized capacity
13 required in this Act; (2) is accessible to disabled persons;
14 and (3) is fully registered and licensed in accordance with any
15 applicable laws.
16     (g) A person who knowingly makes a false statement on an
17 application is guilty of a Class A misdemeanor.
18 (Source: P.A. 93-28, eff. 6-20-03.)
 
19     (230 ILCS 10/7)  (from Ch. 120, par. 2407)
20     Sec. 7. Owners Licenses.
21     (a) The Board shall issue owners licenses to persons, firms
22 or corporations which apply for such licenses upon payment to
23 the Board of the non-refundable license fee set by the Board,
24 upon payment of a $25,000 license fee for the first year of
25 operation and a $5,000 license fee for each succeeding year and

 

 

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1 upon a determination by the Board that the applicant is
2 eligible for an owners license pursuant to this Act and the
3 rules of the Board. From the effective date of this amendatory
4 Act of the 95th General Assembly until (i) 3 years after the
5 effective date of this amendatory Act of the 95th General
6 Assembly, (ii) the date any organization licensee begins to
7 operate a slot machine or video game of chance under the
8 Illinois Horse Racing Act of 1975 or this Act, (iii) the date
9 that payments begin under subsection (c-5) of Section 13 of the
10 Act, or (iv) the wagering tax imposed under Section 13 of this
11 Act is increased by law to reflect a tax rate that is at least
12 as stringent or more stringent than the tax rate contained in
13 subsection (a-3) of Section 13, whichever occurs first, as a
14 condition of licensure and as an alternative source of payment
15 for those funds payable under subsection (c-5) of Section 13 of
16 the Riverboat Gambling Act, any owners licensee that holds or
17 receives its owners license on or after the effective date of
18 this amendatory Act of the 94th General Assembly, other than an
19 owners licensee operating a riverboat with adjusted gross
20 receipts in calendar year 2004 of less than $200,000,000, must
21 pay into the Horse Racing Equity Trust Fund, in addition to any
22 other payments required under this Act, an amount equal to 3%
23 of the adjusted gross receipts received by the owners licensee.
24 The payments required under this Section shall be made by the
25 owners licensee to the State Treasurer no later than 3:00
26 o'clock p.m. of the day after the day when the adjusted gross

 

 

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1 receipts were received by the owners licensee. A person, firm
2 or corporation is ineligible to receive an owners license if:
3         (1) the person has been convicted of a felony under the
4     laws of this State, any other state, or the United States;
5         (2) the person has been convicted of any violation of
6     Article 28 of the Criminal Code of 1961, or substantially
7     similar laws of any other jurisdiction;
8         (3) the person has submitted an application for a
9     license under this Act which contains false information;
10         (4) the person is a member of the Board;
11         (5) a person defined in (1), (2), (3) or (4) is an
12     officer, director or managerial employee of the firm or
13     corporation;
14         (6) the firm or corporation employs a person defined in
15     (1), (2), (3) or (4) who participates in the management or
16     operation of gambling operations authorized under this
17     Act;
18         (7) (blank); or
19         (8) a license of the person, firm or corporation issued
20     under this Act, or a license to own or operate gambling
21     facilities in any other jurisdiction, has been revoked.
22     The Board is expressly prohibited from making changes to
23 the requirement that licensees make payment into the Horse
24 Racing Equity Trust Fund without the express authority of the
25 Illinois General Assembly and making any other rule to
26 implement or interpret this amendatory Act of the 95th General

 

 

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1 Assembly. For the purposes of this paragraph, "rules" is given
2 the meaning given to that term in Section 1-70 of the Illinois
3 Administrative Procedure Act.
4     (b) In determining whether to grant an owners license to an
5 applicant, the Board shall consider:
6         (1) the character, reputation, experience and
7     financial integrity of the applicants and of any other or
8     separate person that either:
9             (A) controls, directly or indirectly, such
10         applicant, or
11             (B) is controlled, directly or indirectly, by such
12         applicant or by a person which controls, directly or
13         indirectly, such applicant;
14         (2) the facilities or proposed facilities for the
15     conduct of riverboat gambling;
16         (3) the highest prospective total revenue to be derived
17     by the State from the conduct of riverboat gambling;
18         (4) the extent to which the ownership of the applicant
19     reflects the diversity of the State by including minority
20     persons, and females, and persons with a disability and the
21     good faith affirmative action plan of each applicant to
22     recruit, train and upgrade minority persons, and females,
23     and persons with a disability in all employment
24     classifications;
25         (5) the financial ability of the applicant to purchase
26     and maintain adequate liability and casualty insurance;

 

 

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1         (6) whether the applicant has adequate capitalization
2     to provide and maintain, for the duration of a license, a
3     riverboat;
4         (7) the extent to which the applicant exceeds or meets
5     other standards for the issuance of an owners license which
6     the Board may adopt by rule; and
7         (8) The amount of the applicant's license bid.
8     (c) Each owners license shall specify the place where
9 riverboats shall operate and dock.
10     (d) Each applicant shall submit with his application, on
11 forms provided by the Board, 2 sets of his fingerprints.
12     (e) The Board may issue up to 10 licenses authorizing the
13 holders of such licenses to own riverboats. In the application
14 for an owners license, the applicant shall state the dock at
15 which the riverboat is based and the water on which the
16 riverboat will be located. The Board shall issue 5 licenses to
17 become effective not earlier than January 1, 1991. Three of
18 such licenses shall authorize riverboat gambling on the
19 Mississippi River, or, with approval by the municipality in
20 which the riverboat was docked on August 7, 2003 and with Board
21 approval, be authorized to relocate to a new location, in a
22 municipality that (1) borders on the Mississippi River or is
23 within 5 miles of the city limits of a municipality that
24 borders on the Mississippi River and (2), on August 7, 2003,
25 had a riverboat conducting riverboat gambling operations
26 pursuant to a license issued under this Act; one of which shall

 

 

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1 authorize riverboat gambling from a home dock in the city of
2 East St. Louis. One other license shall authorize riverboat
3 gambling on the Illinois River south of Marshall County. The
4 Board shall issue one additional license to become effective
5 not earlier than March 1, 1992, which shall authorize riverboat
6 gambling on the Des Plaines River in Will County. The Board may
7 issue 4 additional licenses to become effective not earlier
8 than March 1, 1992. In determining the water upon which
9 riverboats will operate, the Board shall consider the economic
10 benefit which riverboat gambling confers on the State, and
11 shall seek to assure that all regions of the State share in the
12 economic benefits of riverboat gambling.
13     In granting all licenses, the Board may give favorable
14 consideration to economically depressed areas of the State, to
15 applicants presenting plans which provide for significant
16 economic development over a large geographic area, and to
17 applicants who currently operate non-gambling riverboats in
18 Illinois. The Board shall review all applications for owners
19 licenses, and shall inform each applicant of the Board's
20 decision. The Board may grant an owners license to an applicant
21 that has not submitted the highest license bid, but if it does
22 not select the highest bidder, the Board shall issue a written
23 decision explaining why another applicant was selected and
24 identifying the factors set forth in this Section that favored
25 the winning bidder.
26     In addition to any other revocation powers granted to the

 

 

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1 Board under this Act, the Board may revoke the owners license
2 of a licensee which fails to begin conducting gambling within
3 15 months of receipt of the Board's approval of the application
4 if the Board determines that license revocation is in the best
5 interests of the State.
6     (f) The first 10 owners licenses issued under this Act
7 shall permit the holder to own up to 2 riverboats and equipment
8 thereon for a period of 3 years after the effective date of the
9 license. Holders of the first 10 owners licenses must pay the
10 annual license fee for each of the 3 years during which they
11 are authorized to own riverboats.
12     (g) Upon the termination, expiration, or revocation of each
13 of the first 10 licenses, which shall be issued for a 3 year
14 period, all licenses are renewable annually upon payment of the
15 fee and a determination by the Board that the licensee
16 continues to meet all of the requirements of this Act and the
17 Board's rules. However, for licenses renewed on or after May 1,
18 1998, renewal shall be for a period of 4 years, unless the
19 Board sets a shorter period.
20     (h) An owners license shall entitle the licensee to own up
21 to 2 riverboats. A licensee shall limit the number of gambling
22 participants to 1,200 for any such owners license. A licensee
23 may operate both of its riverboats concurrently, provided that
24 the total number of gambling participants on both riverboats
25 does not exceed 1,200. Riverboats licensed to operate on the
26 Mississippi River and the Illinois River south of Marshall

 

 

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1 County shall have an authorized capacity of at least 500
2 persons. Any other riverboat licensed under this Act shall have
3 an authorized capacity of at least 400 persons.
4     (i) A licensed owner is authorized to apply to the Board
5 for and, if approved therefor, to receive all licenses from the
6 Board necessary for the operation of a riverboat, including a
7 liquor license, a license to prepare and serve food for human
8 consumption, and other necessary licenses. All use, occupation
9 and excise taxes which apply to the sale of food and beverages
10 in this State and all taxes imposed on the sale or use of
11 tangible personal property apply to such sales aboard the
12 riverboat.
13     (j) The Board may issue or re-issue a license authorizing a
14 riverboat to dock in a municipality or approve a relocation
15 under Section 11.2 only if, prior to the issuance or
16 re-issuance of the license or approval, the governing body of
17 the municipality in which the riverboat will dock has by a
18 majority vote approved the docking of riverboats in the
19 municipality. The Board may issue or re-issue a license
20 authorizing a riverboat to dock in areas of a county outside
21 any municipality or approve a relocation under Section 11.2
22 only if, prior to the issuance or re-issuance of the license or
23 approval, the governing body of the county has by a majority
24 vote approved of the docking of riverboats within such areas.
25 (Source: P.A. 94-667, eff. 8-23-05; 94-804, eff. 5-26-06;
26 95-1008, eff. 12-15-08.)
 

 

 

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1     (230 ILCS 10/9)  (from Ch. 120, par. 2409)
2     Sec. 9. Occupational licenses.
3     (a) The Board may issue an occupational license to an
4 applicant upon the payment of a non-refundable fee set by the
5 Board, upon a determination by the Board that the applicant is
6 eligible for an occupational license and upon payment of an
7 annual license fee in an amount to be established. To be
8 eligible for an occupational license, an applicant must:
9         (1) be at least 21 years of age if the applicant will
10     perform any function involved in gaming by patrons. Any
11     applicant seeking an occupational license for a non-gaming
12     function shall be at least 18 years of age;
13         (2) not have been convicted of a felony offense, a
14     violation of Article 28 of the Criminal Code of 1961, or a
15     similar statute of any other jurisdiction, or a crime
16     involving dishonesty or moral turpitude;
17         (2.5) not have been convicted of a crime, other than a
18     crime described in item (2) of this subsection (a),
19     involving dishonesty or moral turpitude, except that the
20     Board may, in its discretion, issue an occupational license
21     to a person who has been convicted of a crime described in
22     this item (2.5) more than 10 years prior to his or her
23     application and has not subsequently been convicted of any
24     other crime;
25         (3) have demonstrated a level of skill or knowledge

 

 

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1     which the Board determines to be necessary in order to
2     operate gambling aboard a riverboat; and
3         (4) have met standards for the holding of an
4     occupational license as adopted by rules of the Board. Such
5     rules shall provide that any person or entity seeking an
6     occupational license to manage gambling operations
7     hereunder shall be subject to background inquiries and
8     further requirements similar to those required of
9     applicants for an owners license. Furthermore, such rules
10     shall provide that each such entity shall be permitted to
11     manage gambling operations for only one licensed owner.
12     (b) Each application for an occupational license shall be
13 on forms prescribed by the Board and shall contain all
14 information required by the Board. The applicant shall set
15 forth in the application: whether he has been issued prior
16 gambling related licenses; whether he has been licensed in any
17 other state under any other name, and, if so, such name and his
18 age; and whether or not a permit or license issued to him in
19 any other state has been suspended, restricted or revoked, and,
20 if so, for what period of time.
21     (c) Each applicant shall submit with his application, on
22 forms provided by the Board, 2 sets of his fingerprints. The
23 Board shall charge each applicant a fee set by the Department
24 of State Police to defray the costs associated with the search
25 and classification of fingerprints obtained by the Board with
26 respect to the applicant's application. These fees shall be

 

 

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1 paid into the State Police Services Fund.
2     (d) The Board may in its discretion refuse an occupational
3 license to any person: (1) who is unqualified to perform the
4 duties required of such applicant; (2) who fails to disclose or
5 states falsely any information called for in the application;
6 (3) who has been found guilty of a violation of this Act or
7 whose prior gambling related license or application therefor
8 has been suspended, restricted, revoked or denied for just
9 cause in any other state; or (4) for any other just cause.
10     (e) The Board may suspend, revoke or restrict any
11 occupational licensee: (1) for violation of any provision of
12 this Act; (2) for violation of any of the rules and regulations
13 of the Board; (3) for any cause which, if known to the Board,
14 would have disqualified the applicant from receiving such
15 license; or (4) for default in the payment of any obligation or
16 debt due to the State of Illinois; or (5) for any other just
17 cause.
18     (f) A person who knowingly makes a false statement on an
19 application is guilty of a Class A misdemeanor.
20     (g) Any license issued pursuant to this Section shall be
21 valid for a period of one year from the date of issuance.
22     (h) Nothing in this Act shall be interpreted to prohibit a
23 licensed owner from entering into an agreement with a public
24 community college or a school approved under the Private
25 Business and Vocational Schools Act for the training of any
26 occupational licensee. Any training offered by such a school

 

 

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1 shall be in accordance with a written agreement between the
2 licensed owner and the school.
3     (i) Any training provided for occupational licensees may be
4 conducted either on the riverboat or at a school with which a
5 licensed owner has entered into an agreement pursuant to
6 subsection (h).
7 (Source: P.A. 86-1029; 87-826.)
 
8     (230 ILCS 10/11)  (from Ch. 120, par. 2411)
9     Sec. 11. Conduct of gambling. Gambling may be conducted by
10 licensed owners or licensed managers on behalf of the State
11 aboard riverboats, subject to the following standards:
12         (1) A licensee may conduct riverboat gambling
13     authorized under this Act regardless of whether it conducts
14     excursion cruises. A licensee may permit the continuous
15     ingress and egress of passengers on a riverboat not used
16     for excursion cruises for the purpose of gambling.
17     Excursion cruises shall not exceed 4 hours for a round
18     trip. However, the Board may grant express approval for an
19     extended cruise on a case-by-case basis.
20         (2) (Blank).
21         (3) Minimum and maximum wagers on games shall be set by
22     the licensee.
23         (4) Agents of the Board and the Department of State
24     Police may board and inspect any riverboat at any time for
25     the purpose of determining whether this Act is being

 

 

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1     complied with. Every riverboat, if under way and being
2     hailed by a law enforcement officer or agent of the Board,
3     must stop immediately and lay to.
4         (5) Employees of the Board shall have the right to be
5     present on the riverboat or on adjacent facilities under
6     the control of the licensee.
7         (6) Gambling equipment and supplies customarily used
8     in conducting riverboat gambling must be purchased or
9     leased only from suppliers licensed for such purpose under
10     this Act. The Board may approve the transfer, sale, or
11     lease of gambling equipment and supplies by a licensed
12     owner from or to an affiliate of the licensed owner as long
13     as the gambling equipment and supplies were initially
14     acquired from a supplier licensed in Illinois.
15         (7) Persons licensed under this Act shall permit no
16     form of wagering on gambling games except as permitted by
17     this Act.
18         (8) Wagers may be received only from a person present
19     on a licensed riverboat. No person present on a licensed
20     riverboat shall place or attempt to place a wager on behalf
21     of another person who is not present on the riverboat.
22         (9) Wagering shall not be conducted with money or other
23     negotiable currency.
24         (10) A person under age 21 shall not be permitted on an
25     area of a riverboat where gambling is being conducted,
26     except for a person at least 18 years of age who is an

 

 

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1     employee of the riverboat gambling operation. No employee
2     under age 21 shall perform any function involved in
3     gambling by the patrons. No person under age 21 shall be
4     permitted to make a wager under this Act, and any winnings
5     that are a result of a wager by a person under age 21,
6     whether or not paid by a licensee, shall be treated as
7     winnings for the privilege tax purposes, confiscated, and
8     forfeited to the State and deposited into the Education
9     Assistance Fund.
10         (11) Gambling excursion cruises are permitted only
11     when the waterway for which the riverboat is licensed is
12     navigable, as determined by the Board in consultation with
13     the U.S. Army Corps of Engineers. This paragraph (11) does
14     not limit the ability of a licensee to conduct gambling
15     authorized under this Act when gambling excursion cruises
16     are not permitted.
17         (12) All tokens, chips or electronic cards used to make
18     wagers must be purchased from a licensed owner or manager
19     either aboard a riverboat or at an onshore facility which
20     has been approved by the Board and which is located where
21     the riverboat docks. The tokens, chips or electronic cards
22     may be purchased by means of an agreement under which the
23     owner or manager extends credit to the patron. Such tokens,
24     chips or electronic cards may be used while aboard the
25     riverboat only for the purpose of making wagers on gambling
26     games.

 

 

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1         (13) Notwithstanding any other Section of this Act, in
2     addition to the other licenses authorized under this Act,
3     the Board may issue special event licenses allowing persons
4     who are not otherwise licensed to conduct riverboat
5     gambling to conduct such gambling on a specified date or
6     series of dates. Riverboat gambling under such a license
7     may take place on a riverboat not normally used for
8     riverboat gambling. The Board shall establish standards,
9     fees and fines for, and limitations upon, such licenses,
10     which may differ from the standards, fees, fines and
11     limitations otherwise applicable under this Act. All such
12     fees shall be deposited into the State Gaming Fund. All
13     such fines shall be deposited into the Education Assistance
14     Fund, created by Public Act 86-0018, of the State of
15     Illinois.
16         (14) In addition to the above, gambling must be
17     conducted in accordance with all rules adopted by the
18     Board.
19 (Source: P.A. 93-28, eff. 6-20-03.)
 
20     (230 ILCS 10/12)  (from Ch. 120, par. 2412)
21     Sec. 12. Admission tax; fees.
22     (a) A tax is hereby imposed upon admissions to riverboats
23 operated by licensed owners authorized pursuant to this Act.
24 Until July 1, 2002, the rate is $2 per person admitted. From
25 July 1, 2002 until July 1, 2003, the rate is $3 per person

 

 

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1 admitted. From July 1, 2003 until August 23, 2005 (the
2 effective date of Public Act 94-673) this amendatory Act of the
3 94th General Assembly, for a licensee that admitted 1,000,000
4 persons or fewer in the previous calendar year, the rate is $3
5 per person admitted; for a licensee that admitted more than
6 1,000,000 but no more than 2,300,000 persons in the previous
7 calendar year, the rate is $4 per person admitted; and for a
8 licensee that admitted more than 2,300,000 persons in the
9 previous calendar year, the rate is $5 per person admitted.
10 Beginning on August 23, 2005 (the effective date of Public Act
11 94-673) this amendatory Act of the 94th General Assembly, for a
12 licensee that admitted 1,000,000 persons or fewer in calendar
13 year 2004, the rate is $2 per person admitted, and for all
14 other licensees, including licensees that were not conducting
15 gambling operations in 2004, the rate is $3 per person
16 admitted. This admission tax is imposed upon the licensed owner
17 conducting gambling.
18         (1) The admission tax shall be paid for each admission,
19     except that a person who exits a riverboat gambling
20     facility and reenters that riverboat gambling facility
21     within the same gaming day shall be subject only to the
22     initial admission tax.
23         (2) (Blank).
24         (3) The riverboat licensee may issue tax-free passes to
25     actual and necessary officials and employees of the
26     licensee or other persons actually working on the

 

 

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1     riverboat.
2         (4) The number and issuance of tax-free passes is
3     subject to the rules of the Board, and a list of all
4     persons to whom the tax-free passes are issued shall be
5     filed with the Board.
6     (a-5) A fee is hereby imposed upon admissions operated by
7 licensed managers on behalf of the State pursuant to Section
8 7.3 at the rates provided in this subsection (a-5). For a
9 licensee that admitted 1,000,000 persons or fewer in the
10 previous calendar year, the rate is $3 per person admitted; for
11 a licensee that admitted more than 1,000,000 but no more than
12 2,300,000 persons in the previous calendar year, the rate is $4
13 per person admitted; and for a licensee that admitted more than
14 2,300,000 persons in the previous calendar year, the rate is $5
15 per person admitted.
16         (1) The admission fee shall be paid for each admission.
17         (2) (Blank).
18         (3) The licensed manager may issue fee-free passes to
19     actual and necessary officials and employees of the manager
20     or other persons actually working on the riverboat.
21         (4) The number and issuance of fee-free passes is
22     subject to the rules of the Board, and a list of all
23     persons to whom the fee-free passes are issued shall be
24     filed with the Board.
25     (b) From the tax imposed under subsection (a) and the fee
26 imposed under subsection (a-5), a municipality shall receive

 

 

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1 from the State $1 for each person embarking on a riverboat
2 docked within the municipality, and a county shall receive $1
3 for each person embarking on a riverboat docked within the
4 county but outside the boundaries of any municipality. The
5 municipality's or county's share shall be collected by the
6 Board on behalf of the State and remitted quarterly by the
7 State, subject to appropriation, to the treasurer of the unit
8 of local government for deposit in the general fund.
9     (c) The licensed owner shall pay the entire admission tax
10 to the Board and the licensed manager shall pay the entire
11 admission fee to the Board. Such payments shall be made daily.
12 Accompanying each payment shall be a return on forms provided
13 by the Board which shall include other information regarding
14 admissions as the Board may require. Failure to submit either
15 the payment or the return within the specified time may result
16 in suspension or revocation of the owners or managers license.
17     (d) The Board shall administer and collect the admission
18 tax imposed by this Section, to the extent practicable, in a
19 manner consistent with the provisions of Sections 4, 5, 5a, 5b,
20 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
21 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
22 Penalty and Interest Act.
23 (Source: P.A. 94-673, eff. 8-23-05; 95-663, eff. 10-11-07.)
 
24     (230 ILCS 10/13)  (from Ch. 120, par. 2413)
25     Sec. 13. Wagering tax; rate; distribution.

 

 

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1     (a) Until January 1, 1998, a tax is imposed on the adjusted
2 gross receipts received from gambling games authorized under
3 this Act at the rate of 20%.
4     (a-1) From January 1, 1998 until July 1, 2002, a privilege
5 tax is imposed on persons engaged in the business of conducting
6 riverboat gambling operations, based on the adjusted gross
7 receipts received by a licensed owner from gambling games
8 authorized under this Act at the following rates:
9         15% of annual adjusted gross receipts up to and
10     including $25,000,000;
11         20% of annual adjusted gross receipts in excess of
12     $25,000,000 but not exceeding $50,000,000;
13         25% of annual adjusted gross receipts in excess of
14     $50,000,000 but not exceeding $75,000,000;
15         30% of annual adjusted gross receipts in excess of
16     $75,000,000 but not exceeding $100,000,000;
17         35% of annual adjusted gross receipts in excess of
18     $100,000,000.
19     (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
20 is imposed on persons engaged in the business of conducting
21 riverboat gambling operations, other than licensed managers
22 conducting riverboat gambling operations on behalf of the
23 State, based on the adjusted gross receipts received by a
24 licensed owner from gambling games authorized under this Act at
25 the following rates:
26         15% of annual adjusted gross receipts up to and

 

 

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1     including $25,000,000;
2         22.5% of annual adjusted gross receipts in excess of
3     $25,000,000 but not exceeding $50,000,000;
4         27.5% of annual adjusted gross receipts in excess of
5     $50,000,000 but not exceeding $75,000,000;
6         32.5% of annual adjusted gross receipts in excess of
7     $75,000,000 but not exceeding $100,000,000;
8         37.5% of annual adjusted gross receipts in excess of
9     $100,000,000 but not exceeding $150,000,000;
10         45% of annual adjusted gross receipts in excess of
11     $150,000,000 but not exceeding $200,000,000;
12         50% of annual adjusted gross receipts in excess of
13     $200,000,000.
14     (a-3) Beginning July 1, 2003, a privilege tax is imposed on
15 persons engaged in the business of conducting riverboat
16 gambling operations, other than licensed managers conducting
17 riverboat gambling operations on behalf of the State, based on
18 the adjusted gross receipts received by a licensed owner from
19 gambling games authorized under this Act at the following
20 rates:
21         15% of annual adjusted gross receipts up to and
22     including $25,000,000;
23         27.5% of annual adjusted gross receipts in excess of
24     $25,000,000 but not exceeding $37,500,000;
25         32.5% of annual adjusted gross receipts in excess of
26     $37,500,000 but not exceeding $50,000,000;

 

 

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1         37.5% of annual adjusted gross receipts in excess of
2     $50,000,000 but not exceeding $75,000,000;
3         45% of annual adjusted gross receipts in excess of
4     $75,000,000 but not exceeding $100,000,000;
5         50% of annual adjusted gross receipts in excess of
6     $100,000,000 but not exceeding $250,000,000;
7         70% of annual adjusted gross receipts in excess of
8     $250,000,000.
9     An amount equal to the amount of wagering taxes collected
10 under this subsection (a-3) that are in addition to the amount
11 of wagering taxes that would have been collected if the
12 wagering tax rates under subsection (a-2) were in effect shall
13 be paid into the Common School Fund.
14     The privilege tax imposed under this subsection (a-3) shall
15 no longer be imposed beginning on the earlier of (i) July 1,
16 2005; (ii) the first date after June 20, 2003 that riverboat
17 gambling operations are conducted pursuant to a dormant
18 license; or (iii) the first day that riverboat gambling
19 operations are conducted under the authority of an owners
20 license that is in addition to the 10 owners licenses initially
21 authorized under this Act. For the purposes of this subsection
22 (a-3), the term "dormant license" means an owners license that
23 is authorized by this Act under which no riverboat gambling
24 operations are being conducted on June 20, 2003.
25     (a-4) Beginning on the first day on which the tax imposed
26 under subsection (a-3) is no longer imposed, a privilege tax is

 

 

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1 imposed on persons engaged in the business of conducting
2 riverboat gambling operations, other than licensed managers
3 conducting riverboat gambling operations on behalf of the
4 State, based on the adjusted gross receipts received by a
5 licensed owner from gambling games authorized under this Act at
6 the following rates:
7         15% of annual adjusted gross receipts up to and
8     including $25,000,000;
9         22.5% of annual adjusted gross receipts in excess of
10     $25,000,000 but not exceeding $50,000,000;
11         27.5% of annual adjusted gross receipts in excess of
12     $50,000,000 but not exceeding $75,000,000;
13         32.5% of annual adjusted gross receipts in excess of
14     $75,000,000 but not exceeding $100,000,000;
15         37.5% of annual adjusted gross receipts in excess of
16     $100,000,000 but not exceeding $150,000,000;
17         45% of annual adjusted gross receipts in excess of
18     $150,000,000 but not exceeding $200,000,000;
19         50% of annual adjusted gross receipts in excess of
20     $200,000,000.
21     (a-8) Riverboat gambling operations conducted by a
22 licensed manager on behalf of the State are not subject to the
23 tax imposed under this Section.
24     (a-10) The taxes imposed by this Section shall be paid by
25 the licensed owner to the Board not later than 5:00 3:00
26 o'clock p.m. of the day after the day when the wagers were

 

 

SB1937 Enrolled - 47 - LRB096 09645 AMC 19806 b

1 made.
2     (a-15) If the privilege tax imposed under subsection (a-3)
3 is no longer imposed pursuant to item (i) of the last paragraph
4 of subsection (a-3), then by June 15 of each year, each owners
5 licensee, other than an owners licensee that admitted 1,000,000
6 persons or fewer in calendar year 2004, must, in addition to
7 the payment of all amounts otherwise due under this Section,
8 pay to the Board a reconciliation payment in the amount, if
9 any, by which the licensed owner's base amount exceeds the
10 amount of net privilege tax paid by the licensed owner to the
11 Board in the then current State fiscal year. A licensed owner's
12 net privilege tax obligation due for the balance of the State
13 fiscal year shall be reduced up to the total of the amount paid
14 by the licensed owner in its June 15 reconciliation payment.
15 The obligation imposed by this subsection (a-15) is binding on
16 any person, firm, corporation, or other entity that acquires an
17 ownership interest in any such owners license. The obligation
18 imposed under this subsection (a-15) terminates on the earliest
19 of: (i) July 1, 2007, (ii) the first day after the effective
20 date of this amendatory Act of the 94th General Assembly that
21 riverboat gambling operations are conducted pursuant to a
22 dormant license, (iii) the first day that riverboat gambling
23 operations are conducted under the authority of an owners
24 license that is in addition to the 10 owners licenses initially
25 authorized under this Act, or (iv) the first day that a
26 licensee under the Illinois Horse Racing Act of 1975 conducts

 

 

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1 gaming operations with slot machines or other electronic gaming
2 devices. The Board must reduce the obligation imposed under
3 this subsection (a-15) by an amount the Board deems reasonable
4 for any of the following reasons: (A) an act or acts of God,
5 (B) an act of bioterrorism or terrorism or a bioterrorism or
6 terrorism threat that was investigated by a law enforcement
7 agency, or (C) a condition beyond the control of the owners
8 licensee that does not result from any act or omission by the
9 owners licensee or any of its agents and that poses a hazardous
10 threat to the health and safety of patrons. If an owners
11 licensee pays an amount in excess of its liability under this
12 Section, the Board shall apply the overpayment to future
13 payments required under this Section.
14     For purposes of this subsection (a-15):
15     "Act of God" means an incident caused by the operation of
16 an extraordinary force that cannot be foreseen, that cannot be
17 avoided by the exercise of due care, and for which no person
18 can be held liable.
19     "Base amount" means the following:
20         For a riverboat in Alton, $31,000,000.
21         For a riverboat in East Peoria, $43,000,000.
22         For the Empress riverboat in Joliet, $86,000,000.
23         For a riverboat in Metropolis, $45,000,000.
24         For the Harrah's riverboat in Joliet, $114,000,000.
25         For a riverboat in Aurora, $86,000,000.
26         For a riverboat in East St. Louis, $48,500,000.

 

 

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1         For a riverboat in Elgin, $198,000,000.
2     "Dormant license" has the meaning ascribed to it in
3 subsection (a-3).
4     "Net privilege tax" means all privilege taxes paid by a
5 licensed owner to the Board under this Section, less all
6 payments made from the State Gaming Fund pursuant to subsection
7 (b) of this Section.
8     The changes made to this subsection (a-15) by Public Act
9 94-839 are intended to restate and clarify the intent of Public
10 Act 94-673 with respect to the amount of the payments required
11 to be made under this subsection by an owners licensee to the
12 Board.
13     (b) Until January 1, 1998, 25% of the tax revenue deposited
14 in the State Gaming Fund under this Section shall be paid,
15 subject to appropriation by the General Assembly, to the unit
16 of local government which is designated as the home dock of the
17 riverboat. Beginning January 1, 1998, from the tax revenue
18 deposited in the State Gaming Fund under this Section, an
19 amount equal to 5% of adjusted gross receipts generated by a
20 riverboat shall be paid monthly, subject to appropriation by
21 the General Assembly, to the unit of local government that is
22 designated as the home dock of the riverboat. From the tax
23 revenue deposited in the State Gaming Fund pursuant to
24 riverboat gambling operations conducted by a licensed manager
25 on behalf of the State, an amount equal to 5% of adjusted gross
26 receipts generated pursuant to those riverboat gambling

 

 

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1 operations shall be paid monthly, subject to appropriation by
2 the General Assembly, to the unit of local government that is
3 designated as the home dock of the riverboat upon which those
4 riverboat gambling operations are conducted.
5     (c) Appropriations, as approved by the General Assembly,
6 may be made from the State Gaming Fund to the Board (i)
7 Department of Revenue and the Department of State Police for
8 the administration and enforcement of this Act and the Video
9 Gaming Act, (ii) for distribution to the Department of State
10 Police and to the Department of Revenue for the enforcement of
11 this Act, and (iii) or to the Department of Human Services for
12 the administration of programs to treat problem gambling.
13     (c-5) Before May 26, 2006 (the effective date of Public Act
14 94-804) and beginning on the effective date of this amendatory
15 Act of the 95th General Assembly, unless any organization
16 licensee under the Illinois Horse Racing Act of 1975 begins to
17 operate a slot machine or video game of chance under the
18 Illinois Horse Racing Act of 1975 or this Act, after the
19 payments required under subsections (b) and (c) have been made,
20 an amount equal to 15% of the adjusted gross receipts of (1) an
21 owners licensee that relocates pursuant to Section 11.2, (2) an
22 owners licensee conducting riverboat gambling operations
23 pursuant to an owners license that is initially issued after
24 June 25, 1999, or (3) the first riverboat gambling operations
25 conducted by a licensed manager on behalf of the State under
26 Section 7.3, whichever comes first, shall be paid from the

 

 

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1 State Gaming Fund into the Horse Racing Equity Fund.
2     (c-10) Each year the General Assembly shall appropriate
3 from the General Revenue Fund to the Education Assistance Fund
4 an amount equal to the amount paid into the Horse Racing Equity
5 Fund pursuant to subsection (c-5) in the prior calendar year.
6     (c-15) After the payments required under subsections (b),
7 (c), and (c-5) have been made, an amount equal to 2% of the
8 adjusted gross receipts of (1) an owners licensee that
9 relocates pursuant to Section 11.2, (2) an owners licensee
10 conducting riverboat gambling operations pursuant to an owners
11 license that is initially issued after June 25, 1999, or (3)
12 the first riverboat gambling operations conducted by a licensed
13 manager on behalf of the State under Section 7.3, whichever
14 comes first, shall be paid, subject to appropriation from the
15 General Assembly, from the State Gaming Fund to each home rule
16 county with a population of over 3,000,000 inhabitants for the
17 purpose of enhancing the county's criminal justice system.
18     (c-20) Each year the General Assembly shall appropriate
19 from the General Revenue Fund to the Education Assistance Fund
20 an amount equal to the amount paid to each home rule county
21 with a population of over 3,000,000 inhabitants pursuant to
22 subsection (c-15) in the prior calendar year.
23     (c-25) After the payments required under subsections (b),
24 (c), (c-5) and (c-15) have been made, an amount equal to 2% of
25 the adjusted gross receipts of (1) an owners licensee that
26 relocates pursuant to Section 11.2, (2) an owners licensee

 

 

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1 conducting riverboat gambling operations pursuant to an owners
2 license that is initially issued after June 25, 1999, or (3)
3 the first riverboat gambling operations conducted by a licensed
4 manager on behalf of the State under Section 7.3, whichever
5 comes first, shall be paid from the State Gaming Fund to
6 Chicago State University.
7     (d) From time to time, the Board shall transfer the
8 remainder of the funds generated by this Act into the Education
9 Assistance Fund, created by Public Act 86-0018, of the State of
10 Illinois.
11     (e) Nothing in this Act shall prohibit the unit of local
12 government designated as the home dock of the riverboat from
13 entering into agreements with other units of local government
14 in this State or in other states to share its portion of the
15 tax revenue.
16     (f) To the extent practicable, the Board shall administer
17 and collect the wagering taxes imposed by this Section in a
18 manner consistent with the provisions of Sections 4, 5, 5a, 5b,
19 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
20 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
21 Penalty and Interest Act.
22 (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08;
23 96-37, eff. 7-13-09.)
 
24     (230 ILCS 10/15)  (from Ch. 120, par. 2415)
25     Sec. 15. Audit of Licensee Operations. Annually Within 90

 

 

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1 days after the end of each quarter of each fiscal year, the
2 licensed owner or manager shall transmit to the Board an audit
3 of the financial transactions and condition of the licensee's
4 total operations. Additionally, within 90 days after the end of
5 each quarter of each fiscal year, the licensed owner or manager
6 shall transmit to the Board a compliance report on engagement
7 procedures determined by the Board. All audits and compliance
8 engagements shall be conducted by certified public accountants
9 selected by the Board. Each certified public accountant must be
10 registered in the State of Illinois under the Illinois Public
11 Accounting Act. The compensation for each certified public
12 accountant shall be paid directly by the licensed owner or
13 manager to the certified public accountant.
14 (Source: P.A. 93-28, eff. 6-20-03.)
 
15     (230 ILCS 10/18)  (from Ch. 120, par. 2418)
16     Sec. 18. Prohibited Activities - Penalty.
17     (a) A person is guilty of a Class A misdemeanor for doing
18 any of the following:
19         (1) Conducting gambling where wagering is used or to be
20     used without a license issued by the Board.
21         (2) Conducting gambling where wagering is permitted
22     other than in the manner specified by Section 11.
23     (b) A person is guilty of a Class B misdemeanor for doing
24 any of the following:
25         (1) permitting a person under 21 years to make a wager;

 

 

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1     or
2         (2) violating paragraph (12) of subsection (a) of
3     Section 11 of this Act.
4     (c) A person wagering or accepting a wager at any location
5 outside the riverboat is subject to the penalties in paragraphs
6 (1) or (2) of subsection (a) of Section 28-1 of the Criminal
7 Code of 1961.
8     (d) A person commits a Class 4 felony and, in addition,
9 shall be barred for life from riverboats under the jurisdiction
10 of the Board, if the person does any of the following:
11         (1) Offers, promises, or gives anything of value or
12     benefit to a person who is connected with a riverboat owner
13     including, but not limited to, an officer or employee of a
14     licensed owner or holder of an occupational license
15     pursuant to an agreement or arrangement or with the intent
16     that the promise or thing of value or benefit will
17     influence the actions of the person to whom the offer,
18     promise, or gift was made in order to affect or attempt to
19     affect the outcome of a gambling game, or to influence
20     official action of a member of the Board.
21         (2) Solicits or knowingly accepts or receives a promise
22     of anything of value or benefit while the person is
23     connected with a riverboat including, but not limited to,
24     an officer or employee of a licensed owner, or holder of an
25     occupational license, pursuant to an understanding or
26     arrangement or with the intent that the promise or thing of

 

 

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1     value or benefit will influence the actions of the person
2     to affect or attempt to affect the outcome of a gambling
3     game, or to influence official action of a member of the
4     Board.
5         (3) Uses or possesses with the intent to use a device
6     to assist:
7             (i) In projecting the outcome of the game.
8             (ii) In keeping track of the cards played.
9             (iii) In analyzing the probability of the
10         occurrence of an event relating to the gambling game.
11             (iv) In analyzing the strategy for playing or
12         betting to be used in the game except as permitted by
13         the Board.
14         (4) Cheats at a gambling game.
15         (5) Manufactures, sells, or distributes any cards,
16     chips, dice, game or device which is intended to be used to
17     violate any provision of this Act.
18         (6) Alters or misrepresents the outcome of a gambling
19     game on which wagers have been made after the outcome is
20     made sure but before it is revealed to the players.
21         (7) Places a bet after acquiring knowledge, not
22     available to all players, of the outcome of the gambling
23     game which is subject of the bet or to aid a person in
24     acquiring the knowledge for the purpose of placing a bet
25     contingent on that outcome.
26         (8) Claims, collects, or takes, or attempts to claim,

 

 

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1     collect, or take, money or anything of value in or from the
2     gambling games, with intent to defraud, without having made
3     a wager contingent on winning a gambling game, or claims,
4     collects, or takes an amount of money or thing of value of
5     greater value than the amount won.
6         (9) Uses counterfeit chips or tokens in a gambling
7     game.
8         (10) Possesses any key or device designed for the
9     purpose of opening, entering, or affecting the operation of
10     a gambling game, drop box, or an electronic or mechanical
11     device connected with the gambling game or for removing
12     coins, tokens, chips or other contents of a gambling game.
13     This paragraph (10) does not apply to a gambling licensee
14     or employee of a gambling licensee acting in furtherance of
15     the employee's employment.
16     (e) The possession of more than one of the devices
17 described in subsection (d), paragraphs (3), (5), or (10)
18 permits a rebuttable presumption that the possessor intended to
19 use the devices for cheating.
20     (f) A person under the age of 21 who, except as authorized
21 under paragraph (10) of Section 11, enters upon a riverboat
22 commits a petty offense and is subject to a fine of not less
23 than $100 or more than $250 for a first offense and of not less
24 than $200 or more than $500 for a second or subsequent offense.
25     An action to prosecute any crime occurring on a riverboat
26 shall be tried in the county of the dock at which the riverboat

 

 

SB1937 Enrolled - 57 - LRB096 09645 AMC 19806 b

1 is based.
2 (Source: P.A. 91-40, eff. 6-25-99.)