97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3141

 

Introduced 2/23/2011, by Rep. Roger L. Eddy

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 5/28-1  from Ch. 38, par. 28-1
720 ILCS 5/28-3  from Ch. 38, par. 28-3

    Creates the Social Club Poker Act. Provides that the Illinois Gaming Board shall issue social club poker licenses to qualified applicants. Provides that a social club poker licensee may contract with a place of public accommodation to co-host social club poker events if (1) the parties to the contract are at an arm's length relationship and (2) the place of public accommodation is also a licensee in good standing under the Video Gaming Act. Sets forth provisions concerning prizes, fees, and the Board's powers and duties. Defines "arm's length relationship", "Board", "social club poker", and "social club poker licensee". Amends the Criminal Code of 1961 to make corresponding changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Social
5Club Poker Act.
 
6    Section 5. Purpose. It is the intent of this Act to create
7jobs in Illinois by creating independent, arms-length business
8ties between: (a) social club poker licensees, and (b) places
9of public accommodation that hire and employ Illinois
10residents.
 
11    Section 10. Definitions. In this Act:
12    "Board" means the Illinois Gaming Board.
13    "Social club poker" means any table game played with a deck
14or decks of playing cards in which (1) the performance of any
15player, or team of players, depends upon a combination of luck
16and skill and (2) all of the games are played at the place of
17public accommodation under the supervision of the place of
18public accommodation's staff and the staff of the social club
19poker licensee.
20    "Social club poker licensee" means a private, for-profit
21person or legal person who is licensed by the Illinois Gaming
22Board to host games of social poker at places of public

 

 

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1accommodation that operate under a liquor license and are not
2owned by, or otherwise affiliated with, the social club poker
3licensee.
 
4    Section 15. Social club poker license; application;
5restrictions.
6    (a) The Board shall issue social club poker licenses to
7qualified applicants.
8    (b) No person shall be issued a social club poker license
9without a background check performed by the Board. The Board
10shall determine, by administrative rule, the criteria to be met
11by a social club poker license applicant.
12    (c) A social club poker license shall be good for 12
13months. Each license application shall contain an enumerated
14list of all of the social club poker games that the social club
15poker licensee will co-host during the duration of the license.
16    (d) No place of public accommodation shall be approved to
17co-host a social club poker event unless that place of public
18accommodation is also a licensee in good standing under the
19Video Gaming Act. Licensure of a place of public accommodation
20under the Video Gaming Act shall be deemed sufficient to
21establish the place's suitability under the Social Club Poker
22Act and the Board shall not be required to examine the place of
23public accommodation.
24    If the license of a place of public accommodation under the
25Video Gaming Act expires or is revoked or suspended, then no

 

 

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1social club poker may be conducted at that place of public
2accommodation until the license is re-issued, renewed, or no
3longer suspended.
4    (f) A contractual relationship between a social club poker
5licensee and a place of public accommodation, to be legal, must
6be an arm's length relationship. For purposes of this
7subsection (f), "an arm's length relationship" means that
8neither the place of public accommodation nor the social club
9poker licensee has, either directly or indirectly, any
10financial interest in, or exercises control over the other.
11Nothing in this Act forbids a chain of places of public
12accommodation from entering into a contract with a social club
13poker licensee to offer social club poker at 2 or more places
14of public accommodation.
15    (g) The social club poker licensee may require that all or
16part of the prizes paid out are predicated upon the winner
17having purchased goods or services from the place of public
18accommodation. Prizes offered by the social club poker licensee
19may include goods or services provided by the place of public
20accommodation.
21    (h) Co-hosts of social club poker events may charge fees to
22players to enable them to cover the fees charged by the Board
23under this Act. Nothing in this Act authorizes any fee expenses
24being passed through to any customers of a place of public
25accommodation who are not participants in a social club poker
26event under this Act.
 

 

 

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1    Section 20. Powers and duties of the Illinois Gaming Board.
2    (a) The Board may examine the books of the social club
3poker licensee, and enter the place of public accommodation, to
4enforce this Act.
5    (b) The Board may establish and charge, by administrative
6rule, sufficient licensing fees upon both the social club poker
7licensee and the place of public accommodation to enable it to
8carry out its supervisory and regulatory requirements under
9this Act.
10    (c) The Board shall adopt administrative rules, subject to
11the Illinois Administrative Procedure Act, to implement and
12enforce this Act.
 
13    Section 50. The Criminal Code of 1961 is amended by
14changing Sections 28-1 and 28-3 as follows:
 
15    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
16    Sec. 28-1. Gambling.
17    (a) A person commits gambling when he:
18        (1) Plays a game of chance or skill for money or other
19    thing of value, unless excepted in subsection (b) of this
20    Section; or
21        (2) Makes a wager upon the result of any game, contest,
22    or any political nomination, appointment or election; or
23        (3) Operates, keeps, owns, uses, purchases, exhibits,

 

 

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1    rents, sells, bargains for the sale or lease of,
2    manufactures or distributes any gambling device; or
3        (4) Contracts to have or give himself or another the
4    option to buy or sell, or contracts to buy or sell, at a
5    future time, any grain or other commodity whatsoever, or
6    any stock or security of any company, where it is at the
7    time of making such contract intended by both parties
8    thereto that the contract to buy or sell, or the option,
9    whenever exercised, or the contract resulting therefrom,
10    shall be settled, not by the receipt or delivery of such
11    property, but by the payment only of differences in prices
12    thereof; however, the issuance, purchase, sale, exercise,
13    endorsement or guarantee, by or through a person registered
14    with the Secretary of State pursuant to Section 8 of the
15    Illinois Securities Law of 1953, or by or through a person
16    exempt from such registration under said Section 8, of a
17    put, call, or other option to buy or sell securities which
18    have been registered with the Secretary of State or which
19    are exempt from such registration under Section 3 of the
20    Illinois Securities Law of 1953 is not gambling within the
21    meaning of this paragraph (4); or
22        (5) Knowingly owns or possesses any book, instrument or
23    apparatus by means of which bets or wagers have been, or
24    are, recorded or registered, or knowingly possesses any
25    money which he has received in the course of a bet or
26    wager; or

 

 

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1        (6) Sells pools upon the result of any game or contest
2    of skill or chance, political nomination, appointment or
3    election; or
4        (7) Sets up or promotes any lottery or sells, offers to
5    sell or transfers any ticket or share for any lottery; or
6        (8) Sets up or promotes any policy game or sells,
7    offers to sell or knowingly possesses or transfers any
8    policy ticket, slip, record, document or other similar
9    device; or
10        (9) Knowingly drafts, prints or publishes any lottery
11    ticket or share, or any policy ticket, slip, record,
12    document or similar device, except for such activity
13    related to lotteries, bingo games and raffles authorized by
14    and conducted in accordance with the laws of Illinois or
15    any other state or foreign government; or
16        (10) Knowingly advertises any lottery or policy game,
17    except for such activity related to lotteries, bingo games
18    and raffles authorized by and conducted in accordance with
19    the laws of Illinois or any other state; or
20        (11) Knowingly transmits information as to wagers,
21    betting odds, or changes in betting odds by telephone,
22    telegraph, radio, semaphore or similar means; or knowingly
23    installs or maintains equipment for the transmission or
24    receipt of such information; except that nothing in this
25    subdivision (11) prohibits transmission or receipt of such
26    information for use in news reporting of sporting events or

 

 

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1    contests; or
2        (12) Knowingly establishes, maintains, or operates an
3    Internet site that permits a person to play a game of
4    chance or skill for money or other thing of value by means
5    of the Internet or to make a wager upon the result of any
6    game, contest, political nomination, appointment, or
7    election by means of the Internet. This item (12) does not
8    apply to activities referenced in items (6) and (6.1) of
9    subsection (b) of this Section.
10    (b) Participants in any of the following activities shall
11not be convicted of gambling therefor:
12        (1) Agreements to compensate for loss caused by the
13    happening of chance including without limitation contracts
14    of indemnity or guaranty and life or health or accident
15    insurance.
16        (2) Offers of prizes, award or compensation to the
17    actual contestants in any bona fide contest for the
18    determination of skill, speed, strength or endurance or to
19    the owners of animals or vehicles entered in such contest.
20        (3) Pari-mutuel betting as authorized by the law of
21    this State.
22        (4) Manufacture of gambling devices, including the
23    acquisition of essential parts therefor and the assembly
24    thereof, for transportation in interstate or foreign
25    commerce to any place outside this State when such
26    transportation is not prohibited by any applicable Federal

 

 

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1    law; or the manufacture, distribution, or possession of
2    video gaming terminals, as defined in the Video Gaming Act,
3    by manufacturers, distributors, and terminal operators
4    licensed to do so under the Video Gaming Act.
5        (5) The game commonly known as "bingo", when conducted
6    in accordance with the Bingo License and Tax Act.
7        (6) Lotteries when conducted by the State of Illinois
8    in accordance with the Illinois Lottery Law. This exemption
9    includes any activity conducted by the Department of
10    Revenue to sell lottery tickets pursuant to the provisions
11    of the Illinois Lottery Law and its rules.
12        (6.1) The purchase of lottery tickets through the
13    Internet for a lottery conducted by the State of Illinois
14    under the program established in Section 7.12 of the
15    Illinois Lottery Law.
16        (7) Possession of an antique slot machine that is
17    neither used nor intended to be used in the operation or
18    promotion of any unlawful gambling activity or enterprise.
19    For the purpose of this subparagraph (b)(7), an antique
20    slot machine is one manufactured 25 years ago or earlier.
21        (8) Raffles when conducted in accordance with the
22    Raffles Act.
23        (9) Charitable games when conducted in accordance with
24    the Charitable Games Act.
25        (10) Pull tabs and jar games when conducted under the
26    Illinois Pull Tabs and Jar Games Act.

 

 

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1        (11) Gambling games conducted on riverboats when
2    authorized by the Riverboat Gambling Act.
3        (12) Video gaming terminal games at a licensed
4    establishment, licensed truck stop establishment, licensed
5    fraternal establishment, or licensed veterans
6    establishment when conducted in accordance with the Video
7    Gaming Act.
8        (13) Games of skill or chance where money or other
9    things of value can be won but no payment or purchase is
10    required to participate.
11        (14) Poker games conducted when authorized by the
12    Social Club Poker Act.
13    (c) Sentence.
14    Gambling under subsection (a)(1) or (a)(2) of this Section
15is a Class A misdemeanor. Gambling under any of subsections
16(a)(3) through (a)(11) of this Section is a Class A
17misdemeanor. A second or subsequent conviction under any of
18subsections (a)(3) through (a)(11), is a Class 4 felony.
19Gambling under subsection (a)(12) of this Section is a Class A
20misdemeanor. A second or subsequent conviction under
21subsection (a)(12) is a Class 4 felony.
22    (d) Circumstantial evidence.
23    In prosecutions under subsection (a)(1) through (a)(12) of
24this Section circumstantial evidence shall have the same
25validity and weight as in any criminal prosecution.
26(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;

 

 

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196-1203, eff. 7-22-10.)
 
2    (720 ILCS 5/28-3)   (from Ch. 38, par. 28-3)
3    Sec. 28-3. Keeping a Gambling Place. A "gambling place" is
4any real estate, vehicle, boat or any other property whatsoever
5used for the purposes of gambling other than gambling conducted
6in the manner authorized by the Social Club Poker Act,
7Riverboat Gambling Act, or the Video Gaming Act. Any person who
8knowingly permits any premises or property owned or occupied by
9him or under his control to be used as a gambling place commits
10a Class A misdemeanor. Each subsequent offense is a Class 4
11felony. When any premises is determined by the circuit court to
12be a gambling place:
13    (a) Such premises is a public nuisance and may be proceeded
14against as such, and
15    (b) All licenses, permits or certificates issued by the
16State of Illinois or any subdivision or public agency thereof
17authorizing the serving of food or liquor on such premises
18shall be void; and no license, permit or certificate so
19cancelled shall be reissued for such premises for a period of
2060 days thereafter; nor shall any person convicted of keeping a
21gambling place be reissued such license for one year from his
22conviction and, after a second conviction of keeping a gambling
23place, any such person shall not be reissued such license, and
24    (c) Such premises of any person who knowingly permits
25thereon a violation of any Section of this Article shall be

 

 

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1held liable for, and may be sold to pay any unsatisfied
2judgment that may be recovered and any unsatisfied fine that
3may be levied under any Section of this Article.
4(Source: P.A. 96-34, eff. 7-13-09.)