Illinois General Assembly - Full Text of HB1140
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Full Text of HB1140  98th General Assembly




HB1140 EnrolledLRB098 07314 AMC 37377 b

1    AN ACT concerning gaming.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17stop establishment, licensed fraternal establishment, or
18licensed veterans establishment used for the conduct of
19gambling games in violation of this Act shall be considered a
20gambling place in violation of Section 28-3 of the Criminal
21Code of 2012. Every gambling device found in a licensed
22establishment, licensed truck stop establishment, licensed
23fraternal establishment, or licensed veterans establishment



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



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1A video gaming terminal operated for amusement only and bearing
2a valid amusement tax sticker shall not be subject to this
3Section until 30 days after the Board establishes that the
4central communications system is functional.
5    (b) (1) The odds of winning each video game shall be posted
6on or near each video gaming terminal. The manner in which the
7odds are calculated and how they are posted shall be determined
8by the Board by rule.
9    (2) No video gaming terminal licensed under this Act may be
10played except during the legal hours of operation allowed for
11the consumption of alcoholic beverages at the licensed
12establishment, licensed fraternal establishment, or licensed
13veterans establishment. A licensed establishment, licensed
14fraternal establishment, or licensed veterans establishment
15that violates this subsection is subject to termination of its
16license by the Board.
17(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
1896-1410, eff. 7-30-10; 97-1150, eff. 1-25-13.)