Full Text of SB2216 99th General Assembly
SB2216ham004 99TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 11/28/2016
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| 1 | | AMENDMENT TO SENATE BILL 2216
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2216, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Video Gaming
Act is amended by changing | 6 | | Sections 5, 25, 30, 45, and 60 as follows:
| 7 | | (230 ILCS 40/5)
| 8 | | Sec. 5. Definitions. As used in this Act:
| 9 | | "Board" means the Illinois Gaming Board.
| 10 | | "Credit" means one, 5, 10, or 25 cents either won or | 11 | | purchased by a player.
| 12 | | "Distributor" means an individual, partnership, | 13 | | corporation, or limited liability company licensed under
this | 14 | | Act to buy, sell, lease, or distribute video gaming terminals | 15 | | or major
components or parts of video gaming terminals to or | 16 | | from terminal
operators.
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| 1 | | "Electronic card" means a card purchased from a licensed | 2 | | establishment, licensed fraternal establishment, licensed | 3 | | veterans establishment, or licensed truck stop establishment | 4 | | for use in that establishment as a substitute for cash in the | 5 | | conduct of gaming on a video gaming terminal. | 6 | | "Electronic voucher" means a voucher printed by an | 7 | | electronic video game machine that is redeemable in the | 8 | | licensed establishment for which it was issued. | 9 | | "Terminal operator" means an individual, partnership, | 10 | | corporation, or limited liability company that is
licensed | 11 | | under this Act and that owns, services, and maintains video
| 12 | | gaming terminals for placement in licensed establishments, | 13 | | licensed truck stop establishments, licensed fraternal
| 14 | | establishments, or licensed veterans establishments.
| 15 | | "Licensed technician" means an individual
who
is licensed | 16 | | under this Act to repair,
service, and maintain
video gaming | 17 | | terminals.
| 18 | | "Licensed terminal handler" means a person, including but | 19 | | not limited to an employee or independent contractor working | 20 | | for a manufacturer, distributor, supplier, technician, or | 21 | | terminal operator, who is licensed under this Act to possess or | 22 | | control a video gaming terminal or to have access to the inner | 23 | | workings of a video gaming terminal. A licensed terminal | 24 | | handler does not include an individual, partnership, | 25 | | corporation, or limited liability company defined as a | 26 | | manufacturer, distributor, supplier, technician, or terminal |
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| 1 | | operator under this Act. | 2 | | "Manufacturer" means an individual, partnership, | 3 | | corporation, or limited liability company that is
licensed | 4 | | under this Act and that manufactures or assembles video gaming
| 5 | | terminals.
| 6 | | "Supplier" means an individual, partnership, corporation, | 7 | | or limited liability company that is
licensed under this Act to | 8 | | supply major components or parts to video gaming
terminals to | 9 | | licensed
terminal operators.
| 10 | | "Net terminal income" means money put into a video gaming | 11 | | terminal minus
credits paid out to players.
| 12 | | "Video gaming terminal" means any electronic video game | 13 | | machine
that, upon insertion of cash, electronic cards or | 14 | | vouchers, or any combination thereof, is available to play or | 15 | | simulate the play of
a video game, including but not limited to | 16 | | video poker, line up, and blackjack, as
authorized by the Board | 17 | | utilizing a video display and microprocessors in
which the | 18 | | player may receive free games or credits that can be
redeemed | 19 | | for cash. The term does not include a machine that directly
| 20 | | dispenses coins, cash, or tokens or is for amusement purposes | 21 | | only.
| 22 | | "Licensed establishment" means any licensed retail | 23 | | establishment where
alcoholic liquor is drawn, poured, mixed, | 24 | | or otherwise served for consumption
on the premises, whether | 25 | | the establishment operates on a nonprofit or for-profit basis. | 26 | | "Licensed establishment" includes any such establishment that |
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| 1 | | has a contractual relationship with an inter-track wagering | 2 | | location licensee licensed under the Illinois Horse Racing Act | 3 | | of 1975, provided any contractual relationship shall not | 4 | | include any transfer or offer of revenue from the operation of | 5 | | video gaming under this Act to any licensee licensed under the | 6 | | Illinois Horse Racing Act of 1975. Provided, however, that the | 7 | | licensed establishment that has such a contractual | 8 | | relationship with an inter-track wagering location licensee | 9 | | may not, itself, be (i) an inter-track wagering location | 10 | | licensee, (ii) the corporate parent or subsidiary of any | 11 | | licensee licensed under the Illinois Horse Racing Act of 1975, | 12 | | or (iii) the corporate subsidiary of a corporation that is also | 13 | | the corporate parent or subsidiary of any licensee licensed | 14 | | under the Illinois Horse Racing Act of 1975. "Licensed | 15 | | establishment" does not include a facility operated by an | 16 | | organization licensee, an inter-track wagering licensee, or an | 17 | | inter-track wagering location licensee licensed under the | 18 | | Illinois Horse Racing Act of 1975 or a riverboat licensed under | 19 | | the Riverboat Gambling Act, except as provided in this | 20 | | paragraph. The changes made to this definition by Public Act | 21 | | 98-587 are declarative of existing law.
| 22 | | "Licensed fraternal establishment" means the location | 23 | | where a qualified
fraternal organization that derives its | 24 | | charter from a national fraternal
organization regularly | 25 | | meets.
| 26 | | "Licensed veterans establishment" means the location where |
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| 1 | | a qualified
veterans organization that derives its charter from | 2 | | a national veterans
organization regularly meets.
| 3 | | "Licensed truck stop establishment" means a facility (i) | 4 | | that is at least a
3-acre facility with a convenience store, | 5 | | (ii) with separate diesel
islands for fueling commercial motor | 6 | | vehicles, (iii) that sells at retail more than 10,000 gallons | 7 | | of diesel or biodiesel fuel per month, and (iv) with parking | 8 | | spaces for commercial
motor vehicles. "Commercial motor | 9 | | vehicles" has the same meaning as defined in Section 18b-101 of | 10 | | the Illinois Vehicle Code. The requirement of item (iii) of | 11 | | this paragraph may be met by showing that estimated future | 12 | | sales or past sales average at least 10,000 gallons per month.
| 13 | | "Licensed operator/establishment" means an individual, | 14 | | partnership, corporation, or limited liability company that | 15 | | meets the requirements to be licensed under this Act as a | 16 | | terminal operator and that also wholly owns or operates one or | 17 | | more establishments that meet the requirements to be licensed | 18 | | under this Act as a licensed establishment. | 19 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; | 20 | | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. | 21 | | 7-16-14.)
| 22 | | (230 ILCS 40/25)
| 23 | | Sec. 25. Restriction of licensees.
| 24 | | (a) Manufacturer. A person may not be licensed as a | 25 | | manufacturer of a
video gaming terminal in Illinois unless the |
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| 1 | | person has a valid
manufacturer's license issued
under this | 2 | | Act. A manufacturer may only sell video gaming terminals for | 3 | | use
in Illinois to
persons having a valid distributor's | 4 | | license.
| 5 | | (b) Distributor. A person may not sell, distribute, or | 6 | | lease
or market a video gaming terminal in Illinois unless the | 7 | | person has a valid
distributor's
license issued under this Act. | 8 | | A distributor may only sell video gaming
terminals for use in
| 9 | | Illinois to persons having a valid distributor's or terminal | 10 | | operator's
license.
| 11 | | (c) Terminal operator. | 12 | | (1) No person may own, maintain, or place a video gaming | 13 | | terminal unless he or she has a valid terminal operator's | 14 | | license issued under this Act. A terminal operator may only | 15 | | place video gaming terminals for use in Illinois in licensed | 16 | | establishments, licensed truck stop establishments, licensed | 17 | | fraternal establishments, and licensed veterans | 18 | | establishments. | 19 | | (2) No terminal operator or employee or agent of any | 20 | | terminal operator may offer, promise, or tender any property or | 21 | | personal advantage to any employee or agent of any licensed | 22 | | establishment, licensed truck stop establishment, licensed | 23 | | fraternal establishment, or licensed veterans establishment | 24 | | with the intent to influence that person with respect to | 25 | | locating or maintaining any video gaming terminal in that | 26 | | establishment. |
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| 1 | | (3) Of the after-tax profits from a video gaming terminal, | 2 | | 50% shall be paid to the terminal operator and 50% shall be | 3 | | paid to the licensed establishment, licensed truck stop | 4 | | establishment, licensed fraternal establishment, or licensed | 5 | | veterans establishment, notwithstanding any agreement to the | 6 | | contrary. Terminal operators and licensed establishments may | 7 | | allocate between them costs related to the operation, | 8 | | promotion, and maintenance of video gaming in any manner that | 9 | | they agree on, provided that (i) all such cost sharing | 10 | | arrangements are properly documented and disclosed to the Board | 11 | | in an existing and valid terminal use agreement contract and | 12 | | (ii) the agreement does not violate paragraph (2) of this | 13 | | subsection (c). It is the duty of the licensees to ensure that | 14 | | all books and records regarding cost sharing agreements are up | 15 | | to date and maintained in a manner that is readily accessible | 16 | | and subject to random audit by the Board. The failure to | 17 | | maintain the books and records in a reasonable manner may | 18 | | subject the licensees to disciplinary measures. | 19 | | (4) Any person or entity that violates one or more | 20 | | provisions of this
subsection (c) is guilty of a Class 4 felony | 21 | | and is subject to termination of his or her license
by the | 22 | | Board. A person may not own, maintain, or place a video gaming | 23 | | terminal unless he has a valid terminal operator's
license | 24 | | issued
under this Act. A terminal operator may only place video | 25 | | gaming terminals for
use in
Illinois in licensed | 26 | | establishments, licensed truck stop establishments, licensed |
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| 1 | | fraternal establishments,
and
licensed veterans | 2 | | establishments.
No terminal operator may give anything of | 3 | | value, including but not limited to
a loan or financing | 4 | | arrangement, to a licensed establishment, licensed truck stop | 5 | | establishment,
licensed fraternal establishment, or licensed | 6 | | veterans establishment as
any incentive or inducement to locate | 7 | | video terminals in that establishment.
Of the after-tax profits
| 8 | | from a video gaming terminal, 50% shall be paid to the terminal
| 9 | | operator and 50% shall be paid to the licensed establishment, | 10 | | licensed truck stop establishment,
licensed fraternal | 11 | | establishment, or
licensed veterans establishment, | 12 | | notwithstanding any agreement to the contrary.
A video terminal | 13 | | operator that violates one or more requirements of this | 14 | | subsection is guilty of a Class 4 felony and is subject to | 15 | | termination of his or her license by the Board.
| 16 | | (d) Licensed technician. A person may not service, | 17 | | maintain, or repair a
video gaming terminal
in this State | 18 | | unless he or she (1) has a valid technician's license issued
| 19 | | under this Act, (2) is a terminal operator, or (3) is employed | 20 | | by a terminal
operator, distributor, or manufacturer.
| 21 | | (d-5) Licensed terminal handler. No person, including, but | 22 | | not limited to, an employee or independent contractor working | 23 | | for a manufacturer, distributor, supplier, technician, or | 24 | | terminal operator licensed pursuant to this Act, shall have | 25 | | possession or control of a video gaming terminal, or access to | 26 | | the inner workings of a video gaming terminal, unless that |
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| 1 | | person possesses a valid terminal handler's license issued | 2 | | under this Act. | 3 | | (e) Licensed establishment. No video gaming terminal may be | 4 | | placed in any licensed establishment, licensed veterans | 5 | | establishment, licensed truck stop establishment,
or licensed | 6 | | fraternal establishment
unless the owner
or agent of the owner | 7 | | of the licensed establishment, licensed veterans | 8 | | establishment, licensed truck stop establishment, or licensed
| 9 | | fraternal establishment has entered into a
written use | 10 | | agreement with the terminal operator for placement of the
| 11 | | terminals. A copy of the use agreement shall be on file in the | 12 | | terminal
operator's place of business and available for | 13 | | inspection by individuals
authorized by the Board. The written | 14 | | use agreement requirement of this subsection (e) does not apply | 15 | | to the placement of terminals in an establishment owned or | 16 | | operated by a licensed operator/establishment. A licensed | 17 | | establishment, licensed truck stop establishment, licensed | 18 | | veterans establishment,
or
licensed
fraternal
establishment , | 19 | | or an establishment owned or operated by a licensed | 20 | | operator/establishment may operate up to 5 video gaming | 21 | | terminals on its premises at any
time.
| 22 | | (e-5) Licensed operator/establishment. No individual, | 23 | | partnership, corporation, or limited liability company may | 24 | | perform the functions of a terminal operator at an | 25 | | establishment that the individual, partnership, corporation, | 26 | | or limited liability company owns or operates unless the |
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| 1 | | individual, partnership, corporation, or limited liability | 2 | | company is licensed as an licensed operator/establishment | 3 | | under this Act. An operator/establishment licensee may not act | 4 | | as a terminal operator for establishments other than that for | 5 | | which the operator/establishment is licensed. | 6 | | (f) (Blank).
| 7 | | (g) Financial interest restrictions.
As used in this Act, | 8 | | "substantial interest" in a partnership, a corporation, an
| 9 | | organization, an association, a business, or a limited | 10 | | liability company means:
| 11 | | (A) When, with respect to a sole proprietorship, an | 12 | | individual or
his or her spouse owns, operates, manages, or | 13 | | conducts, directly
or indirectly, the organization, | 14 | | association, or business, or any part thereof;
or
| 15 | | (B) When, with respect to a partnership, the individual | 16 | | or his or
her spouse shares in any of the profits, or | 17 | | potential profits,
of the partnership activities; or
| 18 | | (C) When, with respect to a corporation, an individual | 19 | | or his or her
spouse is an officer or director, or the | 20 | | individual or his or her spouse is a holder, directly or | 21 | | beneficially, of 5% or more of any class
of stock of the | 22 | | corporation; or
| 23 | | (D) When, with respect to an organization not covered | 24 | | in (A), (B) or
(C) above, an individual or his or her | 25 | | spouse is an officer or manages the
business affairs, or | 26 | | the individual or his or her spouse is the
owner of or |
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| 1 | | otherwise controls 10% or more of the assets of the | 2 | | organization;
or
| 3 | | (E) When an individual or his or her spouse furnishes
| 4 | | 5% or more of the capital, whether in cash, goods, or | 5 | | services, for the
operation of any business, association, | 6 | | or organization during any calendar
year; or | 7 | | (F) When, with respect to a limited liability company, | 8 | | an individual or his or her
spouse is a member, or the | 9 | | individual or his or her spouse is a holder, directly or | 10 | | beneficially, of 5% or more of the membership interest of | 11 | | the limited liability company.
| 12 | | For purposes of this subsection (g), "individual" includes | 13 | | all individuals or their spouses whose combined interest would | 14 | | qualify as a substantial interest under this subsection (g) and | 15 | | whose activities with respect to an organization, association, | 16 | | or business are so closely aligned or coordinated as to | 17 | | constitute the activities of a single entity. | 18 | | (h) Location restriction. A licensed establishment, | 19 | | licensed truck stop establishment, licensed
fraternal
| 20 | | establishment, or licensed veterans establishment that is (i) | 21 | | located within 1,000
feet of a facility operated by an | 22 | | organization licensee licensed under the Illinois Horse Racing | 23 | | Act of 1975 or the home dock of a riverboat licensed under the | 24 | | Riverboat
Gambling Act or (ii) located within 100 feet of a | 25 | | school or a place of worship under the Religious Corporation | 26 | | Act, is ineligible to operate a video gaming terminal. The |
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| 1 | | location restrictions in this subsection (h) do not apply if | 2 | | (A) a facility operated by an organization licensee, a school, | 3 | | or a place of worship moves to or is established within the | 4 | | restricted area after a licensed establishment, licensed truck | 5 | | stop establishment, licensed fraternal establishment, or | 6 | | licensed veterans establishment becomes licensed under this | 7 | | Act or (B) a school or place of worship moves to or is | 8 | | established within the restricted area after a licensed | 9 | | establishment, licensed truck stop establishment, licensed | 10 | | fraternal establishment, or licensed veterans establishment | 11 | | obtains its original liquor license. For the purpose of this | 12 | | subsection, "school" means an elementary or secondary public | 13 | | school, or an elementary or secondary private school registered | 14 | | with or recognized by the State Board of Education. | 15 | | Notwithstanding the provisions of this subsection (h), the | 16 | | Board may waive the requirement that a licensed establishment, | 17 | | licensed truck stop establishment, licensed fraternal | 18 | | establishment, or licensed veterans establishment not be | 19 | | located within 1,000 feet from a facility operated by an | 20 | | organization licensee licensed under the Illinois Horse Racing | 21 | | Act of 1975 or the home dock of a riverboat licensed under the | 22 | | Riverboat Gambling Act. The Board shall not grant such waiver | 23 | | if there is any common ownership or control, shared business | 24 | | activity, or contractual arrangement of any type between the | 25 | | establishment and the organization licensee or owners licensee | 26 | | of a riverboat. The Board shall adopt rules to implement the |
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| 1 | | provisions of this paragraph. | 2 | | (i) Undue economic concentration. In addition to | 3 | | considering all other requirements under this Act, in deciding | 4 | | whether to approve the operation of video gaming terminals by a | 5 | | terminal operator in a location, the Board shall consider the | 6 | | impact of any economic concentration of such operation of video | 7 | | gaming terminals. The Board shall not allow a terminal operator | 8 | | to operate video gaming terminals if the Board determines such | 9 | | operation will result in undue economic concentration. For | 10 | | purposes of this Section, "undue economic concentration" means | 11 | | that : | 12 | | (1) there is a substantial risk that such approval | 13 | | would allow a terminal operator, individually or in | 14 | | combination with any other operator, location, person, or | 15 | | entity, including, but not limited to, any owner or | 16 | | operator of any location, facility, or property, to operate | 17 | | multiple locations as a single entity or location or as a | 18 | | related group of entities or locations. In order to | 19 | | determine whether such a risk exists, the Board may | 20 | | consider any factor, including, but not limited to: | 21 | | (A) the physical aspects of any facility or | 22 | | facilities; | 23 | | (B) the ownership, control, or management of any | 24 | | facility or facilities; | 25 | | (C) any arrangements, understandings, or | 26 | | agreements, written or otherwise, among or involving |
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| 1 | | any persons or entities that involve the conducting of | 2 | | any video gaming business or the sharing of costs or | 3 | | revenue; and | 4 | | (D) the manner in which any terminal operator or | 5 | | other related entity markets, advertises, or otherwise | 6 | | describes any location or locations to any other person | 7 | | or entity or to the public; and | 8 | | (2) a terminal operator would have such actual or | 9 | | potential influence over video gaming terminals in | 10 | | Illinois as to: a terminal operator would have such actual | 11 | | or potential influence over video gaming terminals in | 12 | | Illinois as to: | 13 | | (A) (1) substantially impede or suppress | 14 | | competition among terminal operators; | 15 | | (B) (2) adversely impact the economic stability of | 16 | | the video gaming industry in Illinois; or | 17 | | (C) (3) negatively impact the purposes of the Video | 18 | | Gaming Act. | 19 | | The Board shall adopt rules concerning undue economic | 20 | | concentration with respect to the operation of video gaming | 21 | | terminals in Illinois. The rules shall include, but not be | 22 | | limited to, (i) limitations on the number of video gaming | 23 | | terminals operated by any terminal operator within a defined | 24 | | geographic radius and (ii) guidelines on the discontinuation of | 25 | | operation of any such video gaming terminals the Board | 26 | | determines will cause undue economic concentration.
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| 1 | | (j) The provisions of the Illinois Antitrust Act are fully | 2 | | and equally applicable to the activities of any licensee under | 3 | | this Act.
| 4 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | 5 | | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
| 6 | | (230 ILCS 40/30)
| 7 | | Sec. 30. Multiple types of licenses prohibited. A video | 8 | | gaming
terminal
manufacturer may not be licensed as a video | 9 | | gaming terminal
operator or own, manage, or control a licensed
| 10 | | establishment, licensed truck stop establishment, licensed | 11 | | fraternal establishment, or licensed veterans
establishment, | 12 | | and shall be licensed to sell only to persons having a valid | 13 | | distributor's license or, if the manufacturer also holds a | 14 | | valid distributor's license, to sell, distribute, lease, or | 15 | | market to persons having a valid terminal operator's license. A | 16 | | video
gaming terminal distributor may not be licensed as a
| 17 | | video gaming terminal operator or own, manage, or
control a
| 18 | | licensed establishment, licensed truck stop establishment, | 19 | | licensed fraternal establishment, or licensed
veterans
| 20 | | establishment, and shall only contract with a licensed terminal
| 21 | | operator. A video gaming terminal operator may not be licensed | 22 | | as
a video
gaming terminal manufacturer or distributor or own, | 23 | | manage, or control a
licensed establishment, licensed truck | 24 | | stop establishment, licensed fraternal establishment, or | 25 | | licensed
veterans
establishment, and shall be licensed only to |
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| 1 | | contract with licensed
distributors and licensed | 2 | | establishments, licensed truck stop establishments,
licensed | 3 | | fraternal
establishments,
and licensed veterans | 4 | | establishments. An owner or manager of a
licensed | 5 | | establishment, licensed truck stop establishment, licensed | 6 | | fraternal
establishment, or licensed
veterans
establishment | 7 | | may not be licensed as a video gaming terminal
manufacturer, | 8 | | distributor, or operator, and shall only contract with a
| 9 | | licensed operator to place and service this equipment. A | 10 | | terminal operator or a licensed establishment may also be | 11 | | licensed as a licensed operator/establishment. A licensed | 12 | | operator/establishment may not be licensed as
a video
gaming | 13 | | terminal manufacturer or distributor.
| 14 | | (Source: P.A. 96-34, eff. 7-13-09; 96-1410, eff. 7-30-10.)
| 15 | | (230 ILCS 40/45)
| 16 | | Sec. 45. Issuance of license.
| 17 | | (a) The burden is upon each applicant to
demonstrate his | 18 | | suitability for licensure. Each video gaming terminal
| 19 | | manufacturer, distributor, supplier, operator, handler, | 20 | | licensed establishment, licensed truck stop establishment, | 21 | | licensed
fraternal
establishment, and licensed veterans | 22 | | establishment shall be
licensed by the Board.
The Board may | 23 | | issue or deny a license under this Act to any person pursuant | 24 | | to the same criteria set forth in Section 9 of the Riverboat | 25 | | Gambling Act.
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| 1 | | (a-5) The Board shall not grant a license to a person who | 2 | | has facilitated, enabled, or participated in the use of | 3 | | coin-operated devices for gambling purposes or who is under the | 4 | | significant influence or control of such a person. For the | 5 | | purposes of this Act, "facilitated, enabled, or participated in | 6 | | the use of coin-operated amusement devices for gambling | 7 | | purposes" means that the person has been convicted of any | 8 | | violation of Article 28 of the Criminal Code of 1961 or the | 9 | | Criminal Code of 2012. If there is pending legal action against | 10 | | a person for any such violation, then the Board shall delay the | 11 | | licensure of that person until the legal action is resolved. | 12 | | (b) Each person seeking and possessing a license as a video | 13 | | gaming terminal manufacturer, distributor, supplier, operator, | 14 | | handler, licensed establishment, licensed truck stop | 15 | | establishment, licensed fraternal establishment, or licensed | 16 | | veterans establishment shall submit to a background | 17 | | investigation conducted by the Board with the assistance of the | 18 | | State Police or other law enforcement. To the extent that the | 19 | | corporate structure of the applicant allows, the background | 20 | | investigation shall include any or all of the following as the | 21 | | Board deems appropriate or as provided by rule for each | 22 | | category of licensure: (i) each beneficiary of a trust, (ii) | 23 | | each partner of a partnership, (iii) each member of a limited | 24 | | liability company, (iv) each director and officer of a publicly | 25 | | or non-publicly held corporation, (v) each stockholder of a | 26 | | non-publicly held corporation, (vi) each stockholder of 5% or |
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| 1 | | more of a publicly held corporation, or (vii) each stockholder | 2 | | of 5% or more in a parent or subsidiary corporation. | 3 | | (c) Each person seeking and possessing a license as a video | 4 | | gaming terminal manufacturer, distributor, supplier, operator, | 5 | | handler, licensed establishment, licensed truck stop | 6 | | establishment, licensed fraternal establishment, or licensed | 7 | | veterans establishment shall disclose the identity of every | 8 | | person, association, trust, corporation, or limited liability | 9 | | company having a greater than 1% direct or indirect pecuniary | 10 | | interest in the video gaming terminal operation for which the | 11 | | license is sought. If the disclosed entity is a trust, the | 12 | | application shall disclose the names and addresses of the | 13 | | beneficiaries; if a corporation, the names and addresses of all | 14 | | stockholders and directors; if a limited liability company, the | 15 | | names and addresses of all members; or if a partnership, the | 16 | | names and addresses of all partners, both general and limited. | 17 | | (d) No person may be licensed as a video gaming terminal | 18 | | manufacturer, distributor, supplier, operator, handler, | 19 | | licensed establishment, licensed truck stop establishment, | 20 | | licensed fraternal establishment, or licensed veterans | 21 | | establishment if that person has been found by the Board to: | 22 | | (1) have a background, including a criminal record, | 23 | | reputation, habits, social or business associations, or | 24 | | prior activities that pose a threat to the public interests | 25 | | of the State or to the security and integrity of video | 26 | | gaming; |
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| 1 | | (2) create or enhance the dangers of unsuitable, | 2 | | unfair, or illegal practices, methods, and activities in | 3 | | the conduct of video gaming; or | 4 | | (3) present questionable business practices and | 5 | | financial arrangements incidental to the conduct of video | 6 | | gaming activities. | 7 | | (e) Any applicant for any license under this Act has the | 8 | | burden of proving his or her qualifications to the satisfaction | 9 | | of the Board. The Board may adopt rules to establish additional | 10 | | qualifications and requirements to preserve the integrity and | 11 | | security of video gaming in this State. | 12 | | (f) A non-refundable application fee shall be paid at the | 13 | | time an
application for a license is filed with the Board in | 14 | | the following amounts:
| 15 | | (1) Manufacturer ..........................$5,000
| 16 | | (2) Distributor ...........................$5,000
| 17 | | (3) Terminal operator .....................$5,000
| 18 | | (4) Supplier ..............................$2,500
| 19 | | (5) Technician ..............................$100
| 20 | | (6) Terminal Handler .........................$50
| 21 | | (7) Operator/Establishment ....................$50,000 | 22 | | (g) The Board shall establish an
annual fee for each | 23 | | license not to exceed the following: | 24 | | (1) Manufacturer .........................$10,000
| 25 | | (2) Distributor ..........................$10,000
| 26 | | (3) Terminal operator .....................$5,000
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| 1 | | (4) Supplier ..............................$2,000
| 2 | | (5) Technician ..............................$100
| 3 | | (6) Licensed establishment, licensed truck stop
| 4 | | establishment, licensed fraternal establishment,
| 5 | | or licensed veterans establishment ..............$100
| 6 | | (7) Video gaming terminal ...................$100
| 7 | | (8) Terminal Handler .........................$50
| 8 | | (9) Operator/Establishment ...................$250,000
| 9 | | (h) A terminal operator and a licensed establishment, | 10 | | licensed truck stop establishment, licensed fraternal | 11 | | establishment,
or licensed veterans establishment shall | 12 | | equally split the fees specified in item (7) of subsection (g). | 13 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | 14 | | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
| 15 | | (230 ILCS 40/60)
| 16 | | Sec. 60. Imposition and distribution of tax.
| 17 | | (a) A tax of 30% is imposed on net terminal income
and | 18 | | shall be collected by the Board.
| 19 | | (a-5) In addition to the tax imposed under subsection (a) | 20 | | of this Section, an additional tax of 2.5% is imposed on net | 21 | | terminal income from video gaming terminals operated by a | 22 | | licensed operator/establishment
and shall be collected by the | 23 | | Board. | 24 | | (b) Of the tax collected under subsection (a) of this | 25 | | Section, five-sixths shall be
deposited into the Capital |
| | | 09900SB2216ham004 | - 21 - | LRB099 15447 AMC 51677 a |
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| 1 | | Projects Fund and one-sixth shall be deposited into the Local | 2 | | Government Video Gaming Distributive Fund. The tax collected | 3 | | under subsection (a-5) of this Section shall be deposited into | 4 | | the Capital Projects Fund.
| 5 | | (c) Revenues generated from the play of video gaming | 6 | | terminals shall be
deposited by the terminal operator, who is | 7 | | responsible for tax payments, in
a specially created, separate | 8 | | bank account maintained by the video gaming
terminal operator
| 9 | | to allow for electronic fund transfers of moneys for tax | 10 | | payment.
| 11 | | (d) Each licensed establishment, licensed truck stop | 12 | | establishment, licensed fraternal establishment,
and licensed | 13 | | veterans establishment shall maintain an adequate video gaming
| 14 | | fund, with the amount to be determined by the Board.
| 15 | | (e) The State's percentage of net terminal income shall be | 16 | | reported and remitted to the Board within 15 days after the | 17 | | 15th day of each month and within 15 days after the end of each | 18 | | month by the video terminal operator. A video terminal operator | 19 | | who falsely reports or fails to report the amount due required | 20 | | by this Section is guilty of a Class 4 felony and is subject to | 21 | | termination of his or her license by the Board. Each video | 22 | | terminal operator shall keep a record of net terminal income in | 23 | | such form as the Board may require. All payments not remitted | 24 | | when due shall be paid together with a penalty assessment on | 25 | | the unpaid balance at a rate of 1.5% per month. | 26 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)".
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