Rep. Lou Lang

Filed: 2/25/2013





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2    AMENDMENT NO. ______. Amend House Bill 1140 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Video Gaming Act is amended by changing
5Section 35 as follows:
6    (230 ILCS 40/35)
7    Sec. 35. Display of license; confiscation; violation as
9    (a) Each video gaming terminal shall be licensed by the
10Board before placement or operation on the premises of a
11licensed establishment, licensed truck stop establishment,
12licensed fraternal establishment, or licensed veterans
13establishment. The license of each video gaming terminal shall
14be maintained at the location where the video gaming terminal
15is operated. Failure to do so is a petty offense with a fine
16not to exceed $100. Any licensed establishment, licensed truck



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1stop establishment, licensed fraternal establishment, or
2licensed veterans establishment used for the conduct of
3gambling games in violation of this Act shall be considered a
4gambling place in violation of Section 28-3 of the Criminal
5Code of 2012. Every gambling device found in a licensed
6establishment, licensed truck stop establishment, licensed
7fraternal establishment, or licensed veterans establishment
8operating gambling games in violation of this Act shall be
9subject to seizure, confiscation, and destruction as provided
10in Section 28-5 of the Criminal Code of 2012. Any license
11issued under the Liquor Control Act of 1934 to any owner or
12operator of a licensed establishment, licensed truck stop
13establishment, licensed fraternal establishment, or licensed
14veterans establishment that operates or permits the operation
15of a video gaming terminal within its establishment in
16violation of this Act shall be immediately revoked. No person
17may own, operate, have in his or her possession or custody or
18under his or her control, or permit to be kept in any place
19under his or her possession or control, any device that awards
20credits and contains a circuit, meter, or switch capable of
21removing and recording the removal of credits when the award of
22credits is dependent upon chance.
23    Nothing in this Section shall be deemed to prohibit the use
24of a game device only if the game device is used in an activity
25that is not gambling under subsection (b) of Section 28-1 of
26the Criminal Code of 2012.



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1    A violation of this Section is a Class 4 felony. All
2devices that are owned, operated, or possessed in violation of
3this Section are hereby declared to be public nuisances and
4shall be subject to seizure, confiscation, and destruction as
5provided in Section 28-5 of the Criminal Code of 2012.
6    The provisions of this Section do not apply to devices or
7electronic video game terminals licensed pursuant to this Act.
8A video gaming terminal operated for amusement only and bearing
9a valid amusement tax sticker shall not be subject to this
10Section until 30 days after the Board establishes that the
11central communications system is functional.
12    (b) (1) The odds of winning each video game shall be posted
13on or near each video gaming terminal. The manner in which the
14odds are calculated and how they are posted shall be determined
15by the Board by rule.
16    (2) No video gaming terminal licensed under this Act may be
17played except during the legal hours of operation allowed for
18the consumption of alcoholic beverages at the licensed
19establishment, licensed fraternal establishment, or licensed
20veterans establishment. A licensed establishment, licensed
21fraternal establishment, or licensed veterans establishment
22that violates this subsection is subject to termination of its
23license by the Board.
24(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
2596-1410, eff. 7-30-10; 97-1150, eff. 1-25-13.)".