093_SB1515sam001











                                     LRB093 06602 LRD 12767 a

 1                    AMENDMENT TO SENATE BILL 1515

 2        AMENDMENT NO.     .  Amend Senate Bill 1515 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Riverboat  Gambling  Act is amended by
 5    changing Section 7 as follows:

 6        (230 ILCS 10/7) (from Ch. 120, par. 2407)
 7        Sec. 7.  Owners Licenses.
 8        (a)  The Board shall issue owners  licenses  to  persons,
 9    firms or corporations that which apply for such licenses upon
10    payment to the Board of the non-refundable license fee set by
11    the  Board,  upon  payment  of  a $25,000 license fee for the
12    first year of operation and a $5,000  license  fee  for  each
13    succeeding  year  and  upon a determination by the Board that
14    the applicant is eligible for an owners  license pursuant  to
15    this Act and the rules of the Board.
16        A person, firm or corporation is ineligible to receive an
17    owners license if:
18             (1)  the person has been convicted of a felony under
19        the  laws  of  this State, any other state, or the United
20        States;
21             (2)  the person has been convicted of any  violation
22        of   Article   28  of  the  Criminal  Code  of  1961,  or
 
                            -2-      LRB093 06602 LRD 12767 a
 1        substantially similar laws of any other jurisdiction;
 2             (3)  the person has submitted an application  for  a
 3        license under this Act which contains false information;
 4             (4)  the person is a member of the Board;
 5             (5)  a  person defined in (1), (2), (3) or (4) is an
 6        officer, director or managerial employee of the  firm  or
 7        corporation;
 8             (6)  the   firm  or  corporation  employs  a  person
 9        defined in (1), (2), (3) or (4) who participates  in  the
10        management or operation of gambling operations authorized
11        under this Act;
12             (7)  (blank); or
13             (8)  a  license  of  the person, firm or corporation
14        issued under this Act, or a license  to  own  or  operate
15        gambling  facilities  in any other jurisdiction, has been
16        revoked.
17        (b)  In determining whether to grant an owners license to
18    an applicant, the Board shall consider:
19             (1)  the  character,  reputation,  experience    and
20        financial integrity of the applicants and of any other or
21        separate person that either:
22                  (A)  controls,  directly  or  indirectly,  such
23             applicant, or
24                  (B)  is  controlled, directly or indirectly, by
25             such  applicant  or  by  a  person  which  controls,
26             directly or indirectly, such applicant;
27             (2)  the facilities or proposed facilities  for  the
28        conduct of riverboat gambling;
29             (3)  the  highest  prospective  total  revenue to be
30        derived by  the  State  from  the  conduct  of  riverboat
31        gambling;
32             (4)  the  good faith affirmative action plan of each
33        applicant to recruit, train and upgrade minorities in all
34        employment classifications;
 
                            -3-      LRB093 06602 LRD 12767 a
 1             (5)  the  financial  ability  of  the  applicant  to
 2        purchase and maintain  adequate  liability  and  casualty
 3        insurance;
 4             (6)  whether     the    applicant    has    adequate
 5        capitalization to provide and maintain, for the  duration
 6        of a license, a riverboat; and
 7             (7)  the  extent  to  which the applicant exceeds or
 8        meets other standards  for  the  issuance  of  an  owners
 9        license which the Board may adopt by rule.
10        (c)  Each  owners  license  shall specify the place where
11    riverboats shall operate and dock.
12        (d)  Each applicant shall submit with his application, on
13    forms provided by the Board, 2 sets of his fingerprints.
14        (e)  The Board may issue up to  10  licenses  authorizing
15    the  holders  of  such  licenses  to  own riverboats.  In the
16    application for an owners license, the applicant shall  state
17    the  dock  at  which  the riverboat is based and the water on
18    which the riverboat will be located.  The Board shall issue 5
19    licenses to become effective  not  earlier  than  January  1,
20    1991.   Three  of  such  licenses  shall  authorize riverboat
21    gambling  on  the  Mississippi  River,  one  of  which  shall
22    authorize riverboat gambling from a home dock in the city  of
23    East  St.  Louis,  and one of which shall authorize riverboat
24    gambling on the Mississippi River or in a  municipality  that
25    (1)  borders on the Mississippi River or is within 5 miles of
26    the city  limits  of  a  municipality  that  borders  on  the
27    Mississippi  River  and  (2)  on  the  effective date of this
28    amendatory Act of the 92nd General Assembly has  a  riverboat
29    conducting   riverboat  gambling  operations  pursuant  to  a
30    license issued under  this  Act.   One  other  license  shall
31    authorize  riverboat  gambling on the Illinois River south of
32    Marshall  County.   The  Board  shall  issue  one  additional
33    license to become effective not earlier than March  1,  1992,
34    which  shall  authorize riverboat gambling on the Des Plaines
 
                            -4-      LRB093 06602 LRD 12767 a
 1    River in Will County.   The  Board  may  issue  4  additional
 2    licenses  to become effective not earlier than March 1, 1992.
 3    In determining the water upon which riverboats will  operate,
 4    the Board shall consider the economic benefit which riverboat
 5    gambling  confers on the State, and shall seek to assure that
 6    all regions of the State share in the  economic  benefits  of
 7    riverboat gambling.
 8        In  granting  all  licenses, the Board may give favorable
 9    consideration to economically depressed areas of  the  State,
10    to  applicants presenting plans which provide for significant
11    economic development over a large  geographic  area,  and  to
12    applicants  who  currently operate non-gambling riverboats in
13    Illinois.  The Board shall review all applications for owners
14    licenses, and shall inform  each  applicant  of  the  Board's
15    decision.
16        The  Board  may  revoke  the owners license of a licensee
17    which fails to begin conducting gambling within 15 months  of
18    receipt  of  the  Board's  approval of the application if the
19    Board determines that  license  revocation  is  in  the  best
20    interests of the State.
21        (f)  The  first  10 owners licenses issued under this Act
22    shall permit the  holder  to  own  up  to  2  riverboats  and
23    equipment thereon for a period of 3 years after the effective
24    date  of the license. Holders of the first 10 owners licenses
25    must pay the annual license fee  for  each  of  the  3  years
26    during which they are authorized to own riverboats.
27        (g)  Upon  the  termination, expiration, or revocation of
28    each of the first 10 licenses, which shall be issued for a  3
29    year period, all licenses are renewable annually upon payment
30    of the fee and a determination by the Board that the licensee
31    continues to meet all of the requirements of this Act and the
32    Board's rules.  However, for licenses renewed on or after May
33    1, 1998, renewal shall be for a period of 4 years, unless the
34    Board sets a shorter period.
 
                            -5-      LRB093 06602 LRD 12767 a
 1        (h)  An  owners license shall entitle the licensee to own
 2    up to 2 riverboats. A licensee  shall  limit  the  number  of
 3    gambling participants to 1,200 for any such owners license. A
 4    licensee  may  operate  both  of its riverboats concurrently,
 5    provided that the total number of  gambling  participants  on
 6    both riverboats does not exceed 1,200. Riverboats licensed to
 7    operate on the Mississippi River and the Illinois River south
 8    of  Marshall  County  shall have an authorized capacity of at
 9    least 500 persons.  Any other riverboat licensed  under  this
10    Act  shall  have  an  authorized  capacity  of  at  least 400
11    persons.
12        (i)  A licensed owner is authorized to apply to the Board
13    for and, if approved therefor, to receive all  licenses  from
14    the  Board  necessary  for  the  operation  of  a  riverboat,
15    including  a  liquor  license, a license to prepare and serve
16    food for human consumption,  and  other  necessary  licenses.
17    All  use, occupation and excise taxes which apply to the sale
18    of food and beverages in this State and all taxes imposed  on
19    the  sale  or use of tangible personal property apply to such
20    sales aboard the riverboat.
21        (j)  The  Board  may  issue  a  license   authorizing   a
22    riverboat  to  dock in a municipality or approve a relocation
23    under Section 11.2 only if, prior  to  the  issuance  of  the
24    license  or  approval, the governing body of the municipality
25    in which the riverboat will  dock  has  by  a  majority  vote
26    approved  the docking of riverboats in the municipality.  The
27    Board may issue a license authorizing a riverboat to dock  in
28    areas  of  a  county  outside  any  municipality or approve a
29    relocation under Section 11.2 only if, prior to the  issuance
30    of  the license or approval, the governing body of the county
31    has by a majority vote approved of the docking of  riverboats
32    within such areas.
33    (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)".