Illinois General Assembly - Full Text of HB4223
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Full Text of HB4223  98th General Assembly

HB4223sam001 98TH GENERAL ASSEMBLY

Sen. Gary Forby

Filed: 5/7/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4223

2    AMENDMENT NO. ______. Amend House Bill 4223 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Section 9-7 as follows:
 
6    (10 ILCS 5/9-7)  (from Ch. 46, par. 9-7)
7    Sec. 9-7. Records and accounts.
8    (1) Except as provided in subsection (2), the treasurer of
9a political committee shall keep a detailed and exact account
10of-
11        (a) the total of all contributions made to or for the
12    committee;
13        (b) the full name and mailing address of every person
14    making a contribution and the date and amount thereof;
15        (c) the total of all expenditures made by or on behalf
16    of the committee;

 

 

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1        (d) the full name and mailing address of every person
2    to whom any expenditure is made, and the date and amount
3    thereof;
4        (e) proof of payment, stating the particulars, for
5    every expenditure made by or on behalf of the committee.
6    The treasurer shall preserve all records and accounts
7required by this section for a period of 2 years.
8    (2) The treasurer of a political committee shall keep a
9detailed and exact account of the total amount of contributions
10made to or for a committee at an event licensed under Section
118.1 of the Raffles and Poker Runs Act. For an event licensed
12under Section 8.1, the treasurer is not required to keep a
13detailed and exact account of the full name and mailing address
14of a person who purchases tickets at the event in an amount
15that does not exceed $150.
16(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
 
17    Section 10. The Raffles Act is amended by changing Sections
180.01, 1, 2, 3, 4, 5, 6, and 8 as follows:
 
19    (230 ILCS 15/0.01)  (from Ch. 85, par. 2300)
20    Sec. 0.01. Short title. This Act may be cited as the
21Raffles and Poker Runs Act.
22(Source: P.A. 86-1324.)
 
23    (230 ILCS 15/1)  (from Ch. 85, par. 2301)

 

 

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1    Sec. 1. Definitions.) For the purposes of this Act the
2terms defined in this Section have the meanings given them.
3    "Net Proceeds" means the gross receipts from the conduct of
4raffles, less reasonable sums expended for prizes, local
5license fees and other reasonable operating expenses incurred
6as a result of operating a raffle or poker run.
7    "Key location" means the location where the poker run
8concludes and the prize or prizes are awarded.
9    "Poker run" means an event organized by an organization
10licensed under this Act in which participants travel to
11multiple predetermined locations, including a key location,
12drawing a playing card or equivalent item at each location, in
13order to assemble a facsimile of a poker hand or other numeric
14score. "Poker run" includes dice runs, marble runs, or other
15events where the objective is to build the best hand or highest
16score by obtaining an item at each location.
17    "Raffle" means a form of lottery, as defined in Section
1828-2(b) of the Criminal Code of 2012, conducted by an
19organization licensed under this Act, in which:
20        (1) the player pays or agrees to pay something of value
21    for a chance, represented and differentiated by a number or
22    by a combination of numbers or by some other medium, one or
23    more of which chances is to be designated the winning
24    chance;
25        (2) the winning chance is to be determined through a
26    drawing or by some other method based on an element of

 

 

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1    chance by an act or set of acts on the part of persons
2    conducting or connected with the lottery, except that the
3    winning chance shall not be determined by the outcome of a
4    publicly exhibited sporting contest.
5(Source: P.A. 97-1150, eff. 1-25-13.)
 
6    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
7    Sec. 2. Licensing.
8    (a) The governing body of any county or municipality within
9this State may establish a system for the licensing of
10organizations to operate raffles. The governing bodies of a
11county and one or more municipalities may, pursuant to a
12written contract, jointly establish a system for the licensing
13of organizations to operate raffles within any area of
14contiguous territory not contained within the corporate limits
15of a municipality which is not a party to such contract. The
16governing bodies of two or more adjacent counties or two or
17more adjacent municipalities located within a county may,
18pursuant to a written contract, jointly establish a system for
19the licensing of organizations to operate raffles within the
20corporate limits of such counties or municipalities. The
21licensing authority may establish special categories of
22licenses and promulgate rules relating to the various
23categories. The licensing system shall provide for limitations
24upon (1) the aggregate retail value of all prizes or
25merchandise awarded by a licensee in a single raffle, (2) the

 

 

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1maximum retail value of each prize awarded by a licensee in a
2single raffle, (3) the maximum price which may be charged for
3each raffle chance issued or sold and (4) the maximum number of
4days during which chances may be issued or sold. The licensing
5system may include a fee for each license in an amount to be
6determined by the local governing body. Licenses issued
7pursuant to this Act shall be valid for one raffle or for a
8specified number of raffles to be conducted during a specified
9period not to exceed one year and may be suspended or revoked
10for any violation of this Act. A local governing body shall act
11on a license application within 30 days from the date of
12application. Nothing in this Act shall be construed to prohibit
13a county or municipality from adopting rules or ordinances for
14the operation of raffles that are more restrictive than
15provided for in this Act. The governing body of a municipality
16may authorize the sale of raffle chances only within the
17borders of the municipality. The governing body of the county
18may authorize the sale of raffle chances only in those areas
19which are both within the borders of the county and outside the
20borders of any municipality.
21    (a-5) The governing body of any county within this State
22may establish a system for the licensing of organizations to
23operate poker runs. The governing bodies of 2 or more adjacent
24counties may, pursuant to a written contract, jointly establish
25a system for the licensing of organizations to operate poker
26runs within the corporate limits of such counties. The

 

 

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1licensing authority may establish special categories of
2licenses and adopt rules relating to the various categories.
3The licensing system may include a fee not to exceed $25 for
4each license. Licenses issued pursuant to this Act shall be
5valid for one poker run or for a specified number of poker runs
6to be conducted during a specified period not to exceed one
7year and may be suspended or revoked for any violation of this
8Act. A local governing body shall act on a license application
9within 30 days after the date of application.
10    (b) Licenses shall be issued only to bona fide religious,
11charitable, labor, business, fraternal, educational or
12veterans' organizations that operate without profit to their
13members and which have been in existence continuously for a
14period of 5 years immediately before making application for a
15license and which have had during that entire 5 year period a
16bona fide membership engaged in carrying out their objects, or
17to a non-profit fundraising organization that the licensing
18authority determines is organized for the sole purpose of
19providing financial assistance to an identified individual or
20group of individuals suffering extreme financial hardship as
21the result of an illness, disability, accident or disaster. A
22licensing authority may waive the 5-year requirement under this
23subsection (b) for a bona fide religious, charitable, labor,
24business, fraternal, educational, or veterans' organization
25that applies for a license to conduct a poker run if the
26organization is a local organization that is affiliated with

 

 

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1and chartered by a national or State organization that meets
2the 5-year requirement.
3    For purposes of this Act, the following definitions apply.
4Non-profit: An organization or institution organized and
5conducted on a not-for-profit basis with no personal profit
6inuring to any one as a result of the operation. Charitable: An
7organization or institution organized and operated to benefit
8an indefinite number of the public. The service rendered to
9those eligible for benefits must also confer some benefit on
10the public. Educational: An organization or institution
11organized and operated to provide systematic instruction in
12useful branches of learning by methods common to schools and
13institutions of learning which compare favorably in their scope
14and intensity with the course of study presented in
15tax-supported schools. Religious: Any church, congregation,
16society, or organization founded for the purpose of religious
17worship. Fraternal: An organization of persons having a common
18interest, the primary interest of which is to both promote the
19welfare of its members and to provide assistance to the general
20public in such a way as to lessen the burdens of government by
21caring for those that otherwise would be cared for by the
22government. Veterans: An organization or association comprised
23of members of which substantially all are individuals who are
24veterans or spouses, widows, or widowers of veterans, the
25primary purpose of which is to promote the welfare of its
26members and to provide assistance to the general public in such

 

 

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1a way as to confer a public benefit. Labor: An organization
2composed of workers organized with the objective of betterment
3of the conditions of those engaged in such pursuit and the
4development of a higher degree of efficiency in their
5respective occupations. Business: A voluntary organization
6composed of individuals and businesses who have joined together
7to advance the commercial, financial, industrial and civic
8interests of a community.
9    (c) Poker runs shall be licensed by the governing body with
10jurisdiction over the key location. The license granted by the
11key location shall cover the entire poker run, including
12locations other than the key location. Each license issued
13shall include the name and address of each predetermined
14location.
15(Source: P.A. 86-820.)
 
16    (230 ILCS 15/3)  (from Ch. 85, par. 2303)
17    Sec. 3. License - Application - Issuance - Restrictions -
18Persons ineligible. Licenses issued by the governing body of
19any county or municipality are subject to the following
20restrictions:
21    (1) No person, firm or corporation shall conduct raffles or
22chances or poker runs without having first obtained a license
23therefor pursuant to this Act.
24    (2) The license and application for license must specify
25the area or areas within the licensing authority in which

 

 

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1raffle chances will be sold or issued or a poker run will be
2conducted, the time period during which raffle chances will be
3sold or issued or a poker run will be conducted, the time of
4determination of winning chances and the location or locations
5at which winning chances will be determined.
6    (3) The license application must contain a sworn statement
7attesting to the not-for-profit character of the prospective
8licensee organization, signed by the presiding officer and the
9secretary of that organization.
10    (4) The application for license shall be prepared in
11accordance with the ordinance of the local governmental unit.
12    (5) A license authorizes the licensee to conduct raffles or
13poker runs as defined in this Act.
14    The following are ineligible for any license under this
15Act:
16    (a) any person who has been convicted of a felony;
17    (b) any person who is or has been a professional gambler or
18gambling promoter;
19    (c) any person who is not of good moral character;
20    (d) any firm or corporation in which a person defined in
21(a), (b) or (c) has a proprietary, equitable or credit
22interest, or in which such a person is active or employed;
23    (e) any organization in which a person defined in (a), (b)
24or (c) is an officer, director, or employee, whether
25compensated or not;
26    (f) any organization in which a person defined in (a), (b)

 

 

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1or (c) is to participate in the management or operation of a
2raffle as defined in this Act.
3(Source: P.A. 85-160.)
 
4    (230 ILCS 15/4)  (from Ch. 85, par. 2304)
5    Sec. 4. Conduct of raffles and poker runs.
6    (a) The conducting of raffles and poker runs is subject to
7the following restrictions:
8        (1) The entire net proceeds of any raffle or poker run
9    must be exclusively devoted to the lawful purposes of the
10    organization permitted to conduct that game.
11        (2) No person except a bona fide member of the
12    sponsoring organization may participate in the management
13    or operation of the raffle or poker run.
14        (3) No person may receive any remuneration or profit
15    for participating in the management or operation of the
16    raffle or poker run.
17        (4) A licensee may rent a premises on which to
18    determine the winning chance or chances in a raffle only
19    from an organization which is also licensed under this Act.
20    A premises where a poker run is held is not required to
21    obtain a license if the name and location of the premises
22    is listed as a predetermined location on the license issued
23    for the poker run and the premises does not charge for use
24    of the premises.
25        (5) Raffle chances may be sold or issued only within

 

 

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1    the area specified on the license and winning chances may
2    be determined only at those locations specified on the
3    license for a raffle.
4        (6) A person under the age of 18 years may participate
5    in the conducting of raffles or chances or poker runs only
6    with the permission of a parent or guardian. A person under
7    the age of 18 years may be within the area where winning
8    chances in a raffle or winning hands or scores in a poker
9    run are being determined only when accompanied by his
10    parent or guardian.
11    (b) If a lessor rents premises where a winning chance or
12chances on a raffle or a winning hand or score in a poker run is
13are determined, the lessor shall not be criminally liable if
14the person who uses the premises for the determining of winning
15chances does not hold a license issued by the governing body of
16any county or municipality under the provisions of this Act.
17(Source: P.A. 87-1271.)
 
18    (230 ILCS 15/5)  (from Ch. 85, par. 2305)
19    Sec. 5. Manager; bond Raffles - manager - bond. All
20operation of and the conduct of raffles and poker runs shall be
21under the supervision of a single raffles manager designated by
22the organization. The manager shall give a fidelity bond in an
23amount determined by the licensing authority in favor of the
24organization conditioned upon his honesty in the performance of
25his duties. Terms of the bond shall provide that notice shall

 

 

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1be given in writing to the licensing authority not less than 30
2days prior to its cancellation. The governing body of a local
3unit of government may waive this bond requirement by including
4a waiver provision in the license issued to an organization
5under this Act, provided that a license containing such waiver
6provision shall be granted only by unanimous vote of the
7members of the licensed organization.
8(Source: P.A. 91-357, eff. 7-29-99.)
 
9    (230 ILCS 15/6)  (from Ch. 85, par. 2306)
10    Sec. 6. Records.)
11    (a) Each organization licensed to conduct raffles and
12chances or poker run events shall keep records of its gross
13receipts, expenses and net proceeds for each single gathering
14or occasion at which winning chances in a raffle or winning
15hands or scores in a poker run are determined. All deductions
16from gross receipts for each single gathering or occasion shall
17be documented with receipts or other records indicating the
18amount, a description of the purchased item or service or other
19reason for the deduction, and the recipient. The distribution
20of net proceeds shall be itemized as to payee, purpose, amount
21and date of payment.
22    (b) Gross receipts from the operation of raffles programs
23or poker runs shall be segregated from other revenues of the
24organization, including bingo gross receipts, if bingo games
25are also conducted by the same nonprofit organization pursuant

 

 

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1to license therefor issued by the Department of Revenue of the
2State of Illinois, and placed in a separate account. Each
3organization shall have separate records of its raffles and
4poker runs. The person who accounts for gross receipts,
5expenses and net proceeds from the operation of raffles or
6poker runs shall not be the same person who accounts for other
7revenues of the organization.
8    (c) Each organization licensed to conduct raffles or poker
9runs shall report promptly after the conclusion of each raffle
10or poker run to its membership, and to the licensing local unit
11of government, its gross receipts, expenses and net proceeds
12from raffles or poker runs, and the distribution of net
13proceeds itemized as required in this Section.
14    (d) Records required by this Section shall be preserved for
153 years, and organizations shall make available their records
16relating to operation of raffles or poker runs for public
17inspection at reasonable times and places.
18(Source: P.A. 82-711.)
 
19    (230 ILCS 15/8)  (from Ch. 85, par. 2308)
20    Sec. 8. Nothing in this Act shall be construed to authorize
21the conducting or operating of any gambling scheme, enterprise,
22activity or device other than raffles or poker runs as provided
23for herein.
24(Source: P.A. 81-1365.)
 

 

 

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1    Section 15. The Charitable Games Act is amended by changing
2Section 2 as follows:
 
3    (230 ILCS 30/2)  (from Ch. 120, par. 1122)
4    Sec. 2. Definitions. For purposes of this Act, the
5following definitions apply:
6    "Charitable games" means the 14 games of chance involving
7cards, dice, wheels, random selection of numbers, and gambling
8tickets which may be conducted at charitable games events
9listed as follows: roulette, blackjack, poker, pull tabs,
10craps, bang, beat the dealer, big six, gin rummy, five card
11stud poker, chuck-a-luck, keno, hold-em poker, and merchandise
12wheel.
13    "Charitable games event" or "event" means the type of
14fundraising event authorized by the Act at which participants
15pay to play charitable games for the chance of winning cash or
16noncash prizes. "Charitable games event" or "event" includes a
17poker run.
18    "Charitable organization" means an organization or
19institution organized and operated to benefit an indefinite
20number of the public.
21    "Chips" means scrip, play money, poker or casino chips, or
22any other representations of money, used to make wagers on the
23outcome of any charitable game.
24    "Department" means the Department of Revenue.
25    "Educational organization" means an organization or

 

 

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1institution organized and operated to provide systematic
2instruction in useful branches of learning by methods common to
3schools and institutions of learning which compare favorably in
4their scope and intensity with the course of study presented in
5tax-supported schools.
6    "Fraternal organization" means an organization of persons
7having a common interest that is organized and operated
8exclusively to promote the welfare of its members and to
9benefit the general public on a continuing and consistent
10basis, including but not limited to ethnic organizations.
11    "Labor organization" means an organization composed of
12labor unions or workers organized with the objective of
13betterment of the conditions of those engaged in such pursuit
14and the development of a higher degree of efficiency in their
15respective occupations.
16    "Licensed organization" means a qualified organization
17that has obtained a license to conduct a charitable games event
18in conformance with the provisions of this Act.
19    "Non-profit organization" means an organization or
20institution organized and conducted on a not-for-profit basis
21with no personal profit inuring to anyone as a result of the
22operation.
23    "Organization" means a : A corporation, agency,
24partnership, association, firm, business, or other entity
25consisting of 2 or more persons joined by a common interest or
26purpose.

 

 

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1    "Person" means any natural individual, corporation,
2partnership, limited liability company, organization as
3defined in this Section, qualified organization, licensed
4organization, licensee under this Act, or volunteer.
5    "Poker run" means an event organized by a sponsoring
6organization in which participants travel to 5 or more
7predetermined locations, drawing a playing card or equivalent
8item at each location, in order to assemble a facsimile of a
9poker hand or other numeric score. "Poker run" includes dice
10runs, marble runs, or other events where the objective is to
11build the best hand or highest score by obtaining an item at
12each location.
13    "Premises" means a distinct parcel of land and the
14buildings thereon.
15    "Provider" means the person or organization owning,
16leasing, or controlling premises upon which any charitable
17games event is to be conducted.
18    "Qualified organization" means:
19        (a) a charitable, religious, fraternal, veterans,
20    labor, educational organization, or other institution
21    organized and conducted on a not-for-profit basis with no
22    personal profit inuring to anyone as a result of the
23    operation and which is exempt from federal income taxation
24    under Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8),
25    501(c)(10) or 501(c)(19) of the Internal Revenue Code;
26        (b) a veterans organization as defined in Section 1.1

 

 

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1    of the "Bingo License and Tax Act" organized and conducted
2    on a not-for-profit basis with no personal profit inuring
3    to anyone as a result of the operation; or
4        (c) An auxiliary organization of a veterans
5    organization.
6    "Religious organization" means any church, congregation,
7society, or organization founded for the purpose of religious
8worship.
9    "Sponsoring organization" means a qualified organization
10that has obtained a license to conduct a charitable games event
11in conformance with the provisions of this Act.
12    "Supplier" means any person, firm, or corporation that
13sells, leases, lends, distributes, or otherwise provides to any
14organization licensed to conduct charitable games events in
15Illinois any charitable games equipment.
16    "Veterans' organization" means an organization comprised
17of members of which substantially all are individuals who are
18veterans or spouses, widows, or widowers of veterans, the
19primary purpose of which is to promote the welfare of its
20members and to provide assistance to the general public in such
21a way as to confer a public benefit.
22    "Volunteer" means a person recruited by a licensed
23organization who voluntarily performs services at a charitable
24games event, including participation in the management or
25operation of a game, as defined in Section 8.
26(Source: P.A. 98-426, eff. 8-16-13.)
 

 

 

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1    Section 20. The Liquor Control Act of 1934 is amended by
2changing Section 6-2 as follows:
 
3    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
4    Sec. 6-2. Issuance of licenses to certain persons
5prohibited.
6    (a) Except as otherwise provided in subsection (b) of this
7Section and in paragraph (1) of subsection (a) of Section 3-12,
8no license of any kind issued by the State Commission or any
9local commission shall be issued to:
10        (1) A person who is not a resident of any city, village
11    or county in which the premises covered by the license are
12    located; except in case of railroad or boat licenses.
13        (2) A person who is not of good character and
14    reputation in the community in which he resides.
15        (3) A person who is not a citizen of the United States.
16        (4) A person who has been convicted of a felony under
17    any Federal or State law, unless the Commission determines
18    that such person has been sufficiently rehabilitated to
19    warrant the public trust after considering matters set
20    forth in such person's application and the Commission's
21    investigation. The burden of proof of sufficient
22    rehabilitation shall be on the applicant.
23        (5) A person who has been convicted of keeping a place
24    of prostitution or keeping a place of juvenile

 

 

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1    prostitution, promoting prostitution that involves keeping
2    a place of prostitution, or promoting juvenile
3    prostitution that involves keeping a place of juvenile
4    prostitution.
5        (6) A person who has been convicted of pandering or
6    other crime or misdemeanor opposed to decency and morality.
7        (7) A person whose license issued under this Act has
8    been revoked for cause.
9        (8) A person who at the time of application for renewal
10    of any license issued hereunder would not be eligible for
11    such license upon a first application.
12        (9) A copartnership, if any general partnership
13    thereof, or any limited partnership thereof, owning more
14    than 5% of the aggregate limited partner interest in such
15    copartnership would not be eligible to receive a license
16    hereunder for any reason other than residence within the
17    political subdivision, unless residency is required by
18    local ordinance.
19        (10) A corporation or limited liability company, if any
20    member, officer, manager or director thereof, or any
21    stockholder or stockholders owning in the aggregate more
22    than 5% of the stock of such corporation, would not be
23    eligible to receive a license hereunder for any reason
24    other than citizenship and residence within the political
25    subdivision.
26        (10a) A corporation or limited liability company

 

 

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1    unless it is incorporated or organized in Illinois, or
2    unless it is a foreign corporation or foreign limited
3    liability company which is qualified under the Business
4    Corporation Act of 1983 or the Limited Liability Company
5    Act to transact business in Illinois. The Commission shall
6    permit and accept from an applicant for a license under
7    this Act proof prepared from the Secretary of State's
8    website that the corporation or limited liability company
9    is in good standing and is qualified under the Business
10    Corporation Act of 1983 or the Limited Liability Company
11    Act to transact business in Illinois.
12        (11) A person whose place of business is conducted by a
13    manager or agent unless the manager or agent possesses the
14    same qualifications required by the licensee.
15        (12) A person who has been convicted of a violation of
16    any Federal or State law concerning the manufacture,
17    possession or sale of alcoholic liquor, subsequent to the
18    passage of this Act or has forfeited his bond to appear in
19    court to answer charges for any such violation.
20        (13) A person who does not beneficially own the
21    premises for which a license is sought, or does not have a
22    lease thereon for the full period for which the license is
23    to be issued.
24        (14) Any law enforcing public official, including
25    members of local liquor control commissions, any mayor,
26    alderman, or member of the city council or commission, any

 

 

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1    president of the village board of trustees, any member of a
2    village board of trustees, or any president or member of a
3    county board; and no such official shall have a direct
4    interest in the manufacture, sale, or distribution of
5    alcoholic liquor, except that a license may be granted to
6    such official in relation to premises that are not located
7    within the territory subject to the jurisdiction of that
8    official if the issuance of such license is approved by the
9    State Liquor Control Commission and except that a license
10    may be granted, in a city or village with a population of
11    55,000 or less, to any alderman, member of a city council,
12    or member of a village board of trustees in relation to
13    premises that are located within the territory subject to
14    the jurisdiction of that official if (i) the sale of
15    alcoholic liquor pursuant to the license is incidental to
16    the selling of food, (ii) the issuance of the license is
17    approved by the State Commission, (iii) the issuance of the
18    license is in accordance with all applicable local
19    ordinances in effect where the premises are located, and
20    (iv) the official granted a license does not vote on
21    alcoholic liquor issues pending before the board or council
22    to which the license holder is elected. Notwithstanding any
23    provision of this paragraph (14) to the contrary, an
24    alderman or member of a city council or commission, a
25    member of a village board of trustees other than the
26    president of the village board of trustees, or a member of

 

 

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1    a county board other than the president of a county board
2    may have a direct interest in the manufacture, sale, or
3    distribution of alcoholic liquor as long as he or she is
4    not a law enforcing public official, a mayor, a village
5    board president, or president of a county board. To prevent
6    any conflict of interest, the elected official with the
7    direct interest in the manufacture, sale, or distribution
8    of alcoholic liquor shall not participate in any meetings,
9    hearings, or decisions on matters impacting the
10    manufacture, sale, or distribution of alcoholic liquor.
11    Furthermore, the mayor of a city with a population of
12    55,000 or less or the president of a village with a
13    population of 55,000 or less may have an interest in the
14    manufacture, sale, or distribution of alcoholic liquor as
15    long as the council or board over which he or she presides
16    has made a local liquor control commissioner appointment
17    that complies with the requirements of Section 4-2 of this
18    Act.
19        (15) A person who is not a beneficial owner of the
20    business to be operated by the licensee.
21        (16) A person who has been convicted of a gambling
22    offense as proscribed by any of subsections (a) (3) through
23    (a) (11) of Section 28-1 of, or as proscribed by Section
24    28-1.1 or 28-3 of, the Criminal Code of 1961 or the
25    Criminal Code of 2012, or as proscribed by a statute
26    replaced by any of the aforesaid statutory provisions.

 

 

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1        (17) A person or entity to whom a federal wagering
2    stamp has been issued by the federal government, unless the
3    person or entity is eligible to be issued a license under
4    the Raffles and Poker Runs Act or the Illinois Pull Tabs
5    and Jar Games Act.
6        (18) A person who intends to sell alcoholic liquors for
7    use or consumption on his or her licensed retail premises
8    who does not have liquor liability insurance coverage for
9    that premises in an amount that is at least equal to the
10    maximum liability amounts set out in subsection (a) of
11    Section 6-21.
12        (19) A person who is licensed by any licensing
13    authority as a manufacturer of beer, or any partnership,
14    corporation, limited liability company, or trust or any
15    subsidiary, affiliate, or agent thereof, or any other form
16    of business enterprise licensed as a manufacturer of beer,
17    having any legal, equitable, or beneficial interest,
18    directly or indirectly, in a person licensed in this State
19    as a distributor or importing distributor. For purposes of
20    this paragraph (19), a person who is licensed by any
21    licensing authority as a "manufacturer of beer" shall also
22    mean a brewer and a non-resident dealer who is also a
23    manufacturer of beer, including a partnership,
24    corporation, limited liability company, or trust or any
25    subsidiary, affiliate, or agent thereof, or any other form
26    of business enterprise licensed as a manufacturer of beer.

 

 

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1        (20) A person who is licensed in this State as a
2    distributor or importing distributor, or any partnership,
3    corporation, limited liability company, or trust or any
4    subsidiary, affiliate, or agent thereof, or any other form
5    of business enterprise licensed in this State as a
6    distributor or importing distributor having any legal,
7    equitable, or beneficial interest, directly or indirectly,
8    in a person licensed as a manufacturer of beer by any
9    licensing authority, or any partnership, corporation,
10    limited liability company, or trust or any subsidiary,
11    affiliate, or agent thereof, or any other form of business
12    enterprise, except for a person who owns, on or after the
13    effective date of this amendatory Act of the 98th General
14    Assembly, no more than 5% of the outstanding shares of a
15    manufacturer of beer whose shares are publicly traded on an
16    exchange within the meaning of the Securities Exchange Act
17    of 1934. For the purposes of this paragraph (20), a person
18    who is licensed by any licensing authority as a
19    "manufacturer of beer" shall also mean a brewer and a
20    non-resident dealer who is also a manufacturer of beer,
21    including a partnership, corporation, limited liability
22    company, or trust or any subsidiary, affiliate, or agent
23    thereof, or any other form of business enterprise licensed
24    as a manufacturer of beer.
25    (b) A criminal conviction of a corporation is not grounds
26for the denial, suspension, or revocation of a license applied

 

 

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1for or held by the corporation if the criminal conviction was
2not the result of a violation of any federal or State law
3concerning the manufacture, possession or sale of alcoholic
4liquor, the offense that led to the conviction did not result
5in any financial gain to the corporation and the corporation
6has terminated its relationship with each director, officer,
7employee, or controlling shareholder whose actions directly
8contributed to the conviction of the corporation. The
9Commission shall determine if all provisions of this subsection
10(b) have been met before any action on the corporation's
11license is initiated.
12(Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13;
1398-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)
 
14    Section 25. The Criminal Code of 2012 is amended by
15changing Sections 28-1 and 28-1.1 as follows:
 
16    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
17    Sec. 28-1. Gambling.
18    (a) A person commits gambling when he or she:
19        (1) knowingly plays a game of chance or skill for money
20    or other thing of value, unless excepted in subsection (b)
21    of this Section;
22        (2) knowingly makes a wager upon the result of any
23    game, contest, or any political nomination, appointment or
24    election;

 

 

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

 

 

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

 

 

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

 

 

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1    commerce to any place outside this State when such
2    transportation is not prohibited by any applicable Federal
3    law; or the manufacture, distribution, or possession of
4    video gaming terminals, as defined in the Video Gaming Act,
5    by manufacturers, distributors, and terminal operators
6    licensed to do so under the Video Gaming Act.
7        (5) The game commonly known as "bingo", when conducted
8    in accordance with the Bingo License and Tax Act.
9        (6) Lotteries when conducted by the State of Illinois
10    in accordance with the Illinois Lottery Law. This exemption
11    includes any activity conducted by the Department of
12    Revenue to sell lottery tickets pursuant to the provisions
13    of the Illinois Lottery Law and its rules.
14        (6.1) The purchase of lottery tickets through the
15    Internet for a lottery conducted by the State of Illinois
16    under the program established in Section 7.12 of the
17    Illinois Lottery Law.
18        (7) Possession of an antique slot machine that is
19    neither used nor intended to be used in the operation or
20    promotion of any unlawful gambling activity or enterprise.
21    For the purpose of this subparagraph (b)(7), an antique
22    slot machine is one manufactured 25 years ago or earlier.
23        (8) Raffles and poker runs when conducted in accordance
24    with the Raffles and Poker Runs Act.
25        (9) Charitable games when conducted in accordance with
26    the Charitable Games Act.

 

 

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1        (10) Pull tabs and jar games when conducted under the
2    Illinois Pull Tabs and Jar Games Act.
3        (11) Gambling games conducted on riverboats when
4    authorized by the Riverboat Gambling Act.
5        (12) Video gaming terminal games at a licensed
6    establishment, licensed truck stop establishment, licensed
7    fraternal establishment, or licensed veterans
8    establishment when conducted in accordance with the Video
9    Gaming Act.
10        (13) Games of skill or chance where money or other
11    things of value can be won but no payment or purchase is
12    required to participate.
13    (c) Sentence.
14    Gambling is a Class A misdemeanor. A second or subsequent
15conviction under subsections (a)(3) through (a)(12), is a Class
164 felony.
17    (d) Circumstantial evidence.
18    In prosecutions under this Section circumstantial evidence
19shall have the same validity and weight as in any criminal
20prosecution.
21(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
2296-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
 
23    (720 ILCS 5/28-1.1)   (from Ch. 38, par. 28-1.1)
24    Sec. 28-1.1. Syndicated gambling.
25    (a) Declaration of Purpose. Recognizing the close

 

 

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1relationship between professional gambling and other organized
2crime, it is declared to be the policy of the legislature to
3restrain persons from engaging in the business of gambling for
4profit in this State. This Section shall be liberally construed
5and administered with a view to carrying out this policy.
6    (b) A person commits syndicated gambling when he or she
7operates a "policy game" or engages in the business of
8bookmaking.
9    (c) A person "operates a policy game" when he or she
10knowingly uses any premises or property for the purpose of
11receiving or knowingly does receive from what is commonly
12called "policy":
13        (1) money from a person other than the bettor or player
14    whose bets or plays are represented by the money; or
15        (2) written "policy game" records, made or used over
16    any period of time, from a person other than the bettor or
17    player whose bets or plays are represented by the written
18    record.
19    (d) A person engages in bookmaking when he or she knowingly
20receives or accepts more than five bets or wagers upon the
21result of any trials or contests of skill, speed or power of
22endurance or upon any lot, chance, casualty, unknown or
23contingent event whatsoever, which bets or wagers shall be of
24such size that the total of the amounts of money paid or
25promised to be paid to the bookmaker on account thereof shall
26exceed $2,000. Bookmaking is the receiving or accepting of bets

 

 

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1or wagers regardless of the form or manner in which the
2bookmaker records them.
3    (e) Participants in any of the following activities shall
4not be convicted of syndicated gambling:
5        (1) Agreements to compensate for loss caused by the
6    happening of chance including without limitation contracts
7    of indemnity or guaranty and life or health or accident
8    insurance;
9        (2) Offers of prizes, award or compensation to the
10    actual contestants in any bona fide contest for the
11    determination of skill, speed, strength or endurance or to
12    the owners of animals or vehicles entered in the contest;
13        (3) Pari-mutuel betting as authorized by law of this
14    State;
15        (4) Manufacture of gambling devices, including the
16    acquisition of essential parts therefor and the assembly
17    thereof, for transportation in interstate or foreign
18    commerce to any place outside this State when the
19    transportation is not prohibited by any applicable Federal
20    law;
21        (5) Raffles and poker runs when conducted in accordance
22    with the Raffles and Poker Runs Act;
23        (6) Gambling games conducted on riverboats when
24    authorized by the Riverboat Gambling Act; and
25        (7) Video gaming terminal games at a licensed
26    establishment, licensed truck stop establishment, licensed

 

 

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1    fraternal establishment, or licensed veterans
2    establishment when conducted in accordance with the Video
3    Gaming Act.
4    (f) Sentence. Syndicated gambling is a Class 3 felony.
5(Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".