Rep. André Thapedi

Filed: 3/21/2019





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2    AMENDMENT NO. ______. Amend House Bill 3308 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Sports Wagering Act.
6    Section 5. Definitions. As used in this Act:
7    "Board" means the Illinois Gaming Board.
8    "Gaming facility" means a facility in this State that is
9authorized to conduct gambling operations under the Riverboat
10Gambling Act and a facility at which inter-track wagering is
11conducted pursuant to an inter-track wagering license under the
12Illinois Horse Racing Act of 1975.
13    "Interactive sports wagering platform" means a person or
14entity licensed to offer sports wagering over the Internet,
15including on websites and mobile devices.
16    "Official league data" means statistics, results,



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1outcomes, and other data relating to a sporting event obtained
2pursuant to an agreement with the relevant sports governing
3body, or an entity expressly authorized by the sports governing
4body to provide such information to sports wagering operators
5and interactive sports wagering platforms, which authorizes
6the use of such data for determining the outcome of tier 2
7sports wagers.
8    "Sports facility" includes Guaranteed Rate Field, located
9at 333 West 35th Street in Chicago, Soldier Field, located at
101410 Museum Campus Drive in Chicago, United Center, located at
111901 West Madison in Chicago, Wrigley Field, located at 1060
12West Addison in Chicago, and the site of a professional golf
13tournament conducted by the Professional Golfers' Association
14of America within the State on a temporary basis during the
15relevant tournament.
16    "Sports governing body" means the organization that
17prescribes final rules and enforces codes of conduct with
18respect to a sporting event and participants therein.
19    "Sports wagering" means accepting wagers on sporting
20events or portions of sporting events, or on the individual
21performance statistics of athletes in a sporting event or
22combination of sporting events, by any system or method of
23wagering, including, but not limited to, in person or over the
24Internet through websites and on mobile devices. "Sports
25wagering" includes, but is not limited to, single-game bets,
26teaser bets, parlays, over-under, moneyline, pools, exchange



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1wagering, in-game wagering, in-play bets, proposition bets,
2and straight bets.
3    "Sports wagering operator" means an owners licensee under
4the Riverboat Gambling Act or an organization licensee under
5the Illinois Horse Racing Act of 1975 that is licensed to offer
6sports wagering.
7    "Tier 1 sports wager" means a sports wager that is
8determined solely by the final score or final outcome of the
9sporting event and is placed before the sporting event has
11    "Tier 2 sports wager" means a sports wager that is not a
12tier 1 sports wager.
13    "Wager" or "bet" means the staking or risking by a person
14of something of value upon an agreement or understanding that
15the person or another person will receive something of value in
16the event of a certain outcome. "Wager" or "bet" does not
18        (1) any activity governed by the securities laws of the
19    United States or this State;
20        (2) any contract of indemnity or guarantee;
21        (3) any contract for insurance; or
22        (4) participation in any game or contest in which the
23    participants do not stake or risk anything of value other
24    than personal efforts of the participants in playing the
25    game or contest or obtaining access to the Internet, or
26    points or credits that the sponsor of the game or contest



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1    provides to participants free of charge and that can be
2    used or redeemed only for participation in games or
3    contests offered by the sponsor.
4    Section 10. Sports wagering by sports wagering operators.
5    (a) Sports wagering may not be offered in this State except
6by a sports wagering operator in accordance with this Act.
7    (b) A sports wagering operator may offer sports wagering:
8        (1) in person at the gaming facility; and
9        (2) over the Internet through an interactive sports
10    wagering platform to persons physically located in this
11    State.
12    (c) A sports wagering operator may contract with
13interactive sports wagering platforms to administer sports
14wagering over the Internet on its behalf.
15    (d) To offer sports wagering, a sports wagering operator
16shall pay to the Board an initial fee of $10,000,000. A sports
17wagering operator shall pay to the Board a renewal fee of
18$250,000 every 5 years.
19    Section 15. Sports wagering at a sports facility. No gaming
20facility may be located at or within a 5-block radius of a
21sports facility. However, sports wagering may be offered in
22person at or within a 5-block radius of a sports facility if
23sports wagering is offered by a sports wagering operator and
24the sports wagering operator has received written



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1authorization from the Major League Baseball, National
2Basketball Association, National Football League, or National
3Hockey League team that plays its home contests at the sports
4facility or the Professional Golfers' Association of America
5for a professional golf tournament. If more than one
6professional sports team plays its home contests at the same
7sports facility, written authorization is required from all the
8professional sports teams that play home contests at the sports
10    Section 20. Sports wagering by interactive sports wagering
12    (a) An interactive sports wagering platform may offer
13sports wagering only if it holds an interactive sports wagering
14platform license issued by the Board.
15    (b) An applicant for an interactive sports wagering
16platform license shall:
17        (1) submit an application to the Board in the manner
18    prescribed by the Board to verify the interactive sports
19    wagering platform's eligibility under this Act; and
20        (2) pay an initial fee of $10,000,000.
21    (c) Every 5 years on or before the anniversary date of the
22payment of the initial fee made under paragraph (2) of
23subsection (b), if an interactive sports wagering platform
24license has been issued, an interactive sports wagering
25platform shall pay to the Board a license renewal fee of



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2    (d) Notwithstanding any other provision of law, an
3interactive sports wagering platform license application and
4all documents, reports, and data submitted by an interactive
5sports wagering platform to the Board containing proprietary
6information, trade secrets, financial information, or personal
7information about any person shall be treated by the Board as
8closed records and shall not to be disclosed to the public
9unless required by a court order, this Act, or another law.
10    (e) An interactive sports wagering platform may enter into
11agreements to offer sports wagering on behalf of one or more
12sports wagering operators without limitation. Such agreements
13are not prerequisites to obtaining an interactive sports
14wagering platform license.
15    (f) No interactive sports wagering platform may offer
16sports wagering over the Internet on any device, terminal, or
17other mechanism that is owned by, controlled by, or otherwise
18affiliated with a terminal operator licensed under the Video
19Gaming Act.
20    Section 25. Sports wagering; consumer protections.
21    (a) Sports wagering operators and interactive sports
22wagering platforms shall verify that a person placing a wager,
23including with respect to online or mobile betting, is of the
24legal minimum age for placing such a wager.
25    (b) Sports wagering operators and interactive sports



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1wagering platforms shall allow individuals to restrict
2themselves from placing wagers with the sports wagering
3operator or interactive sports wagering platform, including
4limits on the time spent betting and amounts wagered, and take
5reasonable steps to prevent those individuals from placing such
6wagers, including upon request of such individual to share the
7request with the Board for the sole purpose of disseminating
8the request to other sports wagering operators and interactive
9sports wagering platforms.
10    (c) The Board shall adopt rules that require sports
11wagering operators and interactive sports wagering platforms
12to implement responsible gaming programs that include
13comprehensive employee training on responding to circumstances
14in which individuals present signs of a gambling addiction.
15    (d) The Board shall adopt rules to ensure that sports
16wagering operators' and interactive sports wagering platforms'
17advertisements for sports wagering:
18        (1) do not target minors or other persons who are
19    ineligible to place wagers, problem gamblers, or other
20    vulnerable persons, which may include limitations on the
21    form, content, quantity, timing, and location of
22    advertisements;
23        (2) disclose the identity of the sports wagering
24    operator or interactive sports wagering platform;
25        (3) provide information about or links to resources
26    relating to gambling addiction; and



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1        (4) are not false, misleading, or deceptive to a
2    reasonable consumer.
3    (e) A person placing a wager with sports wagering operators
4and interactive sports wagering platforms shall be at least 21
5years of age.
6    Section 30. Integrity requirements.
7    (a) Sports wagering operators and interactive sports
8wagering platforms shall conduct background checks on newly
9hired employees and annual background checks on all existing
10employees. Background checks shall include searches for
11criminal history and any charges or convictions involving
12corruption or manipulation of sporting events and association
13with organized crime.
14     (b) Sports wagering operators and interactive sports
15wagering platforms shall employ commercially reasonable
16methods to:
17        (1) prohibit sports wagering operators and interactive
18    sports wagering platforms, directors, officers, owners,
19    and employees of sports wagering operators and interactive
20    sports wagering platforms, and any relative living in the
21    same household as such persons, from placing bets with
22    sports wagering operators and interactive sports wagering
23    platforms;
24        (2) prohibit athletes, coaches, referees, team owners,
25    and employees of a sports governing body or its member



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1    teams and player and referee union personnel from wagering
2    on any sporting event overseen by their sport's governing
3    body; in determining which persons are excluded from
4    placing wagers under this paragraph, sports wagering
5    operators and interactive sports wagering platforms shall
6    use publicly available information and any lists of such
7    persons that the sports governing body may provide to the
8    Board;
9        (3) prohibit any individual with access to non-public
10    confidential information held by the sports wagering
11    operator or interactive sports wagering platform from
12    placing wagers with the sports wagering operator or
13    interactive sports wagering platform;
14        (4) prohibit persons from placing wagers as agents or
15    proxies for others; and
16        (5) maintain the security of wagering data, customer
17    data, and other confidential information from unauthorized
18    access and dissemination; however, nothing in this Act
19    shall preclude the use of Internet or cloud-based hosting
20    of such data and information or disclosure as required by a
21    court order, another law, or this Act.
22    (c) A sports governing body may notify the Board that it
23desires to restrict, limit, or exclude sports wagering on its
24sporting events by providing notice in the form and manner as
25the Board may require, including, without limitation,
26restrictions on the sources of data and associated video upon



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1which a sports wagering operator or interactive sports wagering
2platform may rely in offering and paying wagers and the bet
3types that may be offered. Upon receiving such notice, the
4Board shall only deny a request if it deems such request
5arbitrary and capricious. If the Board denies a request, the
6sports governing body shall be afforded notice and the right to
7be heard and offer proof in opposition to such determination in
8accordance with the rules of the Board. Offering or taking
9wagers contrary to restrictions adopted by the Board is a
10violation of this Section. If a request is submitted in
11relation to an emergency situation, the chairman of the Board
12may temporarily grant the request of the sports governing body
13until the Board makes a final determination as to whether such
14request is arbitrary and capricious.
15    (d) The Board shall designate a State law enforcement
16entity to have primary responsibility for conducting or
17assisting the Board in conducting investigations into abnormal
18betting activity, match fixing, and other conduct that corrupts
19a betting outcome of a sporting event or events for purposes of
20financial gain.
21    (e) The Board, sports wagering operators, and interactive
22sports wagering platforms shall cooperate with investigations
23conducted by sports governing bodies or law enforcement
24agencies, including, but not limited to, providing or
25facilitating the provision of account-level betting
26information and audio or video files relating to persons



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1placing wagers.
2    (f) Sports wagering operators and interactive sports
3wagering platforms shall immediately report to the Board any
4information relating to:
5        (1) criminal or disciplinary proceedings commenced
6    against the sports wagering operator or interactive sports
7    wagering platform in connection with its operations;
8        (2) abnormal betting activity or patterns that may
9    indicate a concern with the integrity of a sporting event
10    or events;
11        (3) any potential breach of the relevant sports
12    governing body's internal rules and codes of conduct
13    pertaining to sports wagering;
14        (4) any other conduct that corrupts a betting outcome
15    of a sporting event or events for purposes of financial
16    gain, including match fixing; and
17        (5) suspicious or illegal wagering activities,
18    including use of funds derived from illegal activity,
19    wagers to conceal or launder funds derived from illegal
20    activity, using agents to place wagers, and using false
21    identification.
22    Sports wagering operators and interactive sports wagering
23platforms shall also immediately report information relating
24to conduct described in paragraphs (1), (2), and (3) to the
25relevant sports governing body.
26    (g) Sports wagering operators and interactive sports



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1wagering platforms shall maintain the confidentiality of
2information provided by a sports governing body to sports
3wagering operators and interactive sports wagering platforms,
4unless disclosure is required by this Act, the Board, another
5law, or a court order.
6     (h) The Board, sports wagering operators, and interactive
7sports wagering platforms shall maintain the confidentiality
8of all information relating to conduct described in paragraphs
9(1), (2), and (3) of paragraph (f) unless disclosure is
10required by this Act, another law, or a court order or
11authorized by the relevant sports governing body. Nothing in
12this Section prohibits the Board, a sports wagering operator,
13or an interactive sports wagering platform from making a
14confidential disclosure to another sports wagering operator,
15interactive sports wagering platform, a sports governing body,
16sports betting regulating entity, law enforcement entity, or
17other party for the purpose of preventing or investigating
18conduct that corrupts or could corrupt the outcome of a
19sporting event, including match fixing.
20    (i) Except as provided in subsection (j), sports wagering
21operators and interactive sports wagering platforms may use any
22data source to determine the results of sports wagers if the
23data is not obtained directly or indirectly from live event
24attendees who collect the data in violation of the terms of
25admittance to an event or through automated computer programs
26that compile data from the Internet in violation of the terms



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1of service of the relevant website or other Internet platform.
2    (j) A sports governing body may notify the Board that it
3desires to supply official league data to sports wagering
4operators for determining the results of tier 2 sports wagers.
5Such notification shall be made in the form and manner as the
6Board may require. Within 30 days after such notification by a
7sports governing body, a sports wagering operator or
8interactive sports wagering platform shall use only official
9league data to determine the results of tier 2 sports wagers,
10unless the sports wagering operator or interactive sports
11wagering platform can demonstrate to the Board that the sports
12governing body or its designee cannot provide a feed of
13official league data to the sports wagering operator or
14interactive sports wagering platform on commercially
15reasonable terms.
16    (k) Any sports governing body may also enter into
17commercial agreements with sports wagering operators and
18interactive sports wagering platforms in which the sports
19governing body may share in the amount of bets or revenues
20derived from sports wagering on the sports governing body's
21sporting events. A sports governing body is not required to
22obtain a license or any other approval from the Board to
23lawfully accept such amounts or revenues.
24    Section 35. Recordkeeping; information sharing; sports
25betting royalty.



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1    (a) Sports wagering operators and interactive sports
2wagering platforms shall maintain records of all bets and
3wagers placed, including personally identifiable information
4of the bettor, amount and type of bet, time the bet was placed,
5location of the bet, including Internet protocol address, if
6applicable, the outcome of the bet, records of abnormal betting
7activity, and video camera recordings in the case of in person
8wagers for at least 3 years after the sporting event occurs and
9make such data available for inspection upon request of the
10Board or as required by a court order.
11    (b) If a sports governing body has notified the Board that
12real-time information sharing for wagers placed on its sporting
13events is necessary and desirable, sports wagering operators
14and interactive sports wagering platforms shall share in real
15time, at the account level and in pseudononymous form, the
16information required to be retained pursuant to subsection (a)
17(other than video files) with the sports governing body or its
18designee with respect to wagers on its sporting events. Such
19information may be used by a sports governing body solely for
20integrity purposes.
21    (c) Within 30 days after the end of each calendar quarter,
22sports wagering operators and interactive sports wagering
23platforms shall remit to the Board a royalty of 0.25% of the
24amounts wagered on sporting events.
25        (1) The royalty shall be remitted on a form as the
26    Board may require, on which the sports wagering operator



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1    and interactive sports wagering platform shall identify
2    the percentage of wagering during the reporting period
3    attributable to each sports governing body's sporting
4    events.
5        (2) No later than April 30 of each year, a sports
6    governing body may submit a request for disbursement funds
7    remitted by sports wagering operators and interactive
8    sports wagering platforms in the previous calendar year.
9    The Board shall disburse the funds to the sports governing
10    body in pro rata proportion of the total amount wagered on
11    its sporting events. No sports governing body is required
12    to obtain a license from the Board in order to lawfully
13    accept the funds provided for in this paragraph (2).
14        (3) The Board shall annually publish a report stating
15    the amount received from sports wagering operators and
16    interactive sports wagering platforms in royalties and the
17    amount paid to sports governing bodies.
18        (4) Any unclaimed royalties shall be distributed to the
19    sports wagering operators and interactive sports wagering
20    platforms that timely remitted the royalties required
21    under this subsection (c) to the Board. Such royalties
22    shall be distributed to the eligible sports wagering
23    operators and interactive sports wagering platforms on a
24    pro rata basis.
25    (d) The Board shall cooperate with sports governing bodies,
26sports wagering operators, and interactive sports wagering



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1platforms to ensure the timely, efficient, and accurate sharing
2of information and the remittance of royalties to sports
3governing bodies or their designees.
4    Section 40. Privilege tax; State Gaming Fund. For the
5privilege of offering sports wagering in this State, sports
6wagering operators and interactive sports wagering platforms
7shall pay a 12.5% tax on annual adjusted gross receipts to the
8Board. The Board shall deposit taxes paid under this Section
9and any fees and penalties collected under this Act into the
10State Gaming Fund and then transferred in equal amounts to the
11State Construction Account Fund, the Pension Stabilization
12Fund, and the Common School Fund.
13    Section 45. Civil penalty. Any person, firm, corporation,
14association, agent, or employee who knowingly violates any
15procedure implemented under this Act shall be liable for a
16civil penalty of not more than $5,000 for each violation, not
17to exceed $50,000 for violations arising out of the same
18transaction or occurrence, which shall accrue to the State and
19may be recovered in a civil action brought by the Board.
20    Section 50. Criminal liability.
21    (a) A person shall be guilty of a Class 1 felony if he or
23        (1) places, or causes to be placed, a bet or wager on



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1    the basis of material nonpublic information relating to
2    that bet or wager, while knowing that the information is
3    material nonpublic information; or
4        (2) knowingly engages in, facilitates, or conceals
5    conduct that intends to improperly influence a betting
6    outcome of a sporting event for purposes of financial gain,
7    in connection with betting or wagering on a sporting event.
8    (b) Any person or sports wagering operator who violates
9paragraph (2) of subsection (a) shall be liable to the relevant
10sports governing body, which sports governing body may sue
11either at law or in equity in any court of competent
13    (c) As used in this Section, a bet or wager is "on the
14basis of" material nonpublic information relating to that bet
15or wager if the person placing the bet or wager, or causing it
16to be placed, was aware of the material nonpublic information
17when such person placed the bet or wager or caused it to be
19    Section 90. The Criminal Code of 2012 is amended by
20changing Sections 28-1 and 28-3 as follows:
21    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
22    Sec. 28-1. Gambling.
23    (a) A person commits gambling when he or she:
24        (1) knowingly plays a game of chance or skill for money



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



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1    gambling within the meaning of this paragraph (4);
2        (5) knowingly owns or possesses any book, instrument or
3    apparatus by means of which bets or wagers have been, or
4    are, recorded or registered, or knowingly possesses any
5    money which he has received in the course of a bet or
6    wager;
7        (6) knowingly sells pools upon the result of any game
8    or contest of skill or chance, political nomination,
9    appointment or election;
10        (7) knowingly sets up or promotes any lottery or sells,
11    offers to sell or transfers any ticket or share for any
12    lottery;
13        (8) knowingly sets up or promotes any policy game or
14    sells, offers to sell or knowingly possesses or transfers
15    any policy ticket, slip, record, document or other similar
16    device;
17        (9) knowingly drafts, prints or publishes any lottery
18    ticket or share, or any policy ticket, slip, record,
19    document or similar device, except for such activity
20    related to lotteries, bingo games and raffles authorized by
21    and conducted in accordance with the laws of Illinois or
22    any other state or foreign government;
23        (10) knowingly advertises any lottery or policy game,
24    except for such activity related to lotteries, bingo games
25    and raffles authorized by and conducted in accordance with
26    the laws of Illinois or any other state;



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1        (11) knowingly transmits information as to wagers,
2    betting odds, or changes in betting odds by telephone,
3    telegraph, radio, semaphore or similar means; or knowingly
4    installs or maintains equipment for the transmission or
5    receipt of such information; except that nothing in this
6    subdivision (11) prohibits transmission or receipt of such
7    information for use in news reporting of sporting events or
8    contests; or
9        (12) knowingly establishes, maintains, or operates an
10    Internet site that permits a person to play a game of
11    chance or skill for money or other thing of value by means
12    of the Internet or to make a wager upon the result of any
13    game, contest, political nomination, appointment, or
14    election by means of the Internet. This item (12) does not
15    apply to activities referenced in items (6), and (6.1), and
16    (15) of subsection (b) of this Section.
17    (b) Participants in any of the following activities shall
18not be convicted of gambling:
19        (1) Agreements to compensate for loss caused by the
20    happening of chance including without limitation contracts
21    of indemnity or guaranty and life or health or accident
22    insurance.
23        (2) Offers of prizes, award or compensation to the
24    actual contestants in any bona fide contest for the
25    determination of skill, speed, strength or endurance or to
26    the owners of animals or vehicles entered in such contest.



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



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1    slot machine is one manufactured 25 years ago or earlier.
2        (8) Raffles and poker runs when conducted in accordance
3    with the Raffles and Poker Runs Act.
4        (9) Charitable games when conducted in accordance with
5    the Charitable Games Act.
6        (10) Pull tabs and jar games when conducted under the
7    Illinois Pull Tabs and Jar Games Act.
8        (11) Gambling games conducted on riverboats when
9    authorized by the Riverboat Gambling Act.
10        (12) Video gaming terminal games at a licensed
11    establishment, licensed truck stop establishment, licensed
12    fraternal establishment, or licensed veterans
13    establishment when conducted in accordance with the Video
14    Gaming Act.
15        (13) Games of skill or chance where money or other
16    things of value can be won but no payment or purchase is
17    required to participate.
18        (14) Savings promotion raffles authorized under
19    Section 5g of the Illinois Banking Act, Section 7008 of the
20    Savings Bank Act, Section 42.7 of the Illinois Credit Union
21    Act, Section 5136B of the National Bank Act (12 U.S.C.
22    25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
23    1463).
24        (15) Sports wagering when conducted in accordance with
25    the Sports Wagering Act.
26    (c) Sentence.



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1    Gambling is a Class A misdemeanor. A second or subsequent
2conviction under subsections (a)(3) through (a)(12), is a Class
34 felony.
4    (d) Circumstantial evidence.
5    In prosecutions under this Section circumstantial evidence
6shall have the same validity and weight as in any criminal
8(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
9    (720 ILCS 5/28-3)   (from Ch. 38, par. 28-3)
10    Sec. 28-3. Keeping a Gambling Place. A "gambling place" is
11any real estate, vehicle, boat or any other property whatsoever
12used for the purposes of gambling other than gambling conducted
13in the manner authorized by the Riverboat Gambling Act, the
14Sports Wagering Act, or the Video Gaming Act. Any person who
15knowingly permits any premises or property owned or occupied by
16him or under his control to be used as a gambling place commits
17a Class A misdemeanor. Each subsequent offense is a Class 4
18felony. When any premises is determined by the circuit court to
19be a gambling place:
20    (a) Such premises is a public nuisance and may be proceeded
21against as such, and
22    (b) All licenses, permits or certificates issued by the
23State of Illinois or any subdivision or public agency thereof
24authorizing the serving of food or liquor on such premises
25shall be void; and no license, permit or certificate so



10100HB3308ham003- 24 -LRB101 10689 SMS 58072 a

1cancelled shall be reissued for such premises for a period of
260 days thereafter; nor shall any person convicted of keeping a
3gambling place be reissued such license for one year from his
4conviction and, after a second conviction of keeping a gambling
5place, any such person shall not be reissued such license, and
6    (c) Such premises of any person who knowingly permits
7thereon a violation of any Section of this Article shall be
8held liable for, and may be sold to pay any unsatisfied
9judgment that may be recovered and any unsatisfied fine that
10may be levied under any Section of this Article.
11(Source: P.A. 96-34, eff. 7-13-09.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".