Full Text of SB2325 100th General Assembly
SB2325 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2325 Introduced 1/24/2018, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: |
| 230 ILCS 10/6 | from Ch. 120, par. 2406 | 230 ILCS 10/7 | from Ch. 120, par. 2407 | 230 ILCS 10/7.3 | | 230 ILCS 10/7.5 | | 230 ILCS 10/7.12 new | |
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Amends the Riverboat Gambling Act. Provides that the Illinois Gaming Board may issue one owners license authorizing the conduct of riverboat gambling in the unincorporated area of Williamson County adjacent to the Big Muddy River. Contains provisions concerning applying for and issuing the owners license. Provides that an applicant for the owners license shall pay a non-refundable application fee of $100,000 and a non-refundable fee of $50,000 to defray background investigation costs. Provides that the license fee shall be $100,000 plus a minimum initial fee of $17,500 per gaming position. Provides that the licensee shall make a specified reconciliation payment 3 years after the licensee begins operating. Excludes the licensee from provisions entitling riverboat licensees to own up to 2 riverboats. Provides that the licensee shall limit the number of gaming positions to 1,200. Provides that the owners license may be issued pursuant to a competitive bidding process. Makes other changes. Effective January 1, 2019.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Riverboat Gambling Act is amended by | 5 | | changing Sections 6, 7, 7.3, and 7.5 and by adding Section 7.12 | 6 | | as follows:
| 7 | | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| 8 | | Sec. 6. Application for Owners License.
| 9 | | (a) A qualified person may
apply to the Board for an owners | 10 | | license to
conduct a riverboat gambling operation as provided | 11 | | in this Act. The
application shall be made on forms provided by | 12 | | the Board and shall contain
such information as the Board | 13 | | prescribes, including but not limited to the
identity of the | 14 | | riverboat on which such gambling operation is to be
conducted | 15 | | and the exact location where such riverboat will be docked, a
| 16 | | certification that the riverboat will be registered under this | 17 | | Act at all
times during which gambling operations are conducted | 18 | | on board, detailed
information regarding the ownership and | 19 | | management of the applicant, and
detailed personal information | 20 | | regarding the applicant. Any application for an
owners license | 21 | | to be re-issued on or after June 1, 2003 shall also
include the | 22 | | applicant's license bid in a form prescribed by the Board.
| 23 | | Information
provided on the application shall be used as a |
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| 1 | | basis for a thorough
background investigation which the Board | 2 | | shall conduct with respect to each
applicant. An incomplete | 3 | | application shall be cause for denial of a license
by the | 4 | | Board.
| 5 | | (b) Applicants shall submit with their application all | 6 | | documents,
resolutions, and letters of support from the | 7 | | governing body that represents
the municipality or county | 8 | | wherein the licensee will dock.
| 9 | | (c) Each applicant shall disclose the identity of every | 10 | | person,
association, trust or corporation having a greater than | 11 | | 1% direct or
indirect pecuniary interest in the riverboat | 12 | | gambling operation with
respect to which the license is sought. | 13 | | If the disclosed entity is a
trust, the application shall | 14 | | disclose the names and addresses of the
beneficiaries; if a | 15 | | corporation, the names and
addresses of all stockholders and | 16 | | directors; if a partnership, the names
and addresses of all | 17 | | partners, both general and limited.
| 18 | | (d) An application shall be filed and considered in | 19 | | accordance with the rules of the Board. An
application fee of | 20 | | $50,000 shall be paid at the time of filing
to defray the costs | 21 | | associated with the
background investigation conducted by the | 22 | | Board , except an applicant for an owners license under | 23 | | subsection (e-5) of Section 7 shall pay a non-refundable | 24 | | application fee of $100,000 and a non-refundable fee of $50,000 | 25 | | to defray the costs associated with the background | 26 | | investigation . If the costs of the
investigation exceed |
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| 1 | | $50,000, the applicant shall pay the additional amount
to the | 2 | | Board. If the costs of the investigation are less than $50,000, | 3 | | the
applicant shall receive a refund of the remaining amount. | 4 | | All
information, records, interviews, reports, statements, | 5 | | memoranda or other
data supplied to or used by the Board in the | 6 | | course of its review or
investigation of an application for a | 7 | | license or a renewal under this Act shall be
privileged, | 8 | | strictly confidential and shall be used only for the purpose of
| 9 | | evaluating an applicant for a license or a renewal. Such | 10 | | information, records, interviews, reports,
statements, | 11 | | memoranda or other data shall not be admissible as evidence,
| 12 | | nor discoverable in any action of any kind in any court or | 13 | | before any
tribunal, board, agency or person, except for any | 14 | | action deemed necessary
by the Board.
| 15 | | (e) The Board shall charge each applicant a fee set by the | 16 | | Department of
State Police to defray the costs associated with | 17 | | the search and
classification of fingerprints obtained by the | 18 | | Board with respect to the
applicant's application. These fees | 19 | | shall be paid into the State Police
Services Fund.
| 20 | | (f) The licensed owner shall be the person primarily | 21 | | responsible for the
boat itself. Only one riverboat gambling | 22 | | operation may be authorized
by the Board on any riverboat. The | 23 | | applicant must identify each riverboat
it intends to use and | 24 | | certify that the riverboat: (1) has the authorized
capacity | 25 | | required in this Act; (2) is accessible to persons with | 26 | | disabilities; and
(3) is fully registered and licensed in |
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| 1 | | accordance
with any applicable laws.
| 2 | | (g) A person who knowingly makes a false statement on an | 3 | | application is
guilty of a Class A misdemeanor.
| 4 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 5 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| 6 | | Sec. 7. Owners licenses.
| 7 | | (a) Except for the owners license authorized under | 8 | | subsection (e-5), the The Board shall issue owners licenses to | 9 | | persons, firms or
corporations which apply for such licenses | 10 | | upon payment to the Board of the
non-refundable license fee set | 11 | | by the Board, upon payment of a $25,000
license fee for the | 12 | | first year of operation and a $5,000 license fee for
each | 13 | | succeeding year and upon a determination by the Board that the
| 14 | | applicant is eligible for an owners license pursuant to this | 15 | | Act and the
rules of the Board. For the owners license | 16 | | authorized under subsection (e-5), the Board shall issue the | 17 | | owners license to a person, firm, or corporation that applies | 18 | | for the license upon payment to the Board of the non-refundable | 19 | | license fee provided in subsection (e-10) and upon a | 20 | | determination by the Board that the applicant is eligible for | 21 | | an owners license under this Act and the rules of the Board. | 22 | | From the effective date of this amendatory Act of the 95th | 23 | | General Assembly until (i) 3 years after the effective date of | 24 | | this amendatory Act of the 95th General Assembly, (ii) the date | 25 | | any organization licensee begins to operate a slot machine or |
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| 1 | | video game of chance under the Illinois Horse Racing Act of | 2 | | 1975 or this Act, (iii) the date that payments begin under | 3 | | subsection (c-5) of Section 13 of the Act, or (iv) the wagering | 4 | | tax imposed under Section 13 of this Act is increased by law to | 5 | | reflect a tax rate that is at least as stringent or more | 6 | | stringent than the tax rate contained in subsection (a-3) of | 7 | | Section 13, whichever occurs first, as a condition of licensure | 8 | | and as an alternative source of payment for those funds payable | 9 | | under subsection (c-5) of Section 13 of this the Riverboat | 10 | | Gambling Act, any owners licensee that holds or receives its | 11 | | owners license on or after the effective date of this | 12 | | amendatory Act of the 94th General Assembly, other than an | 13 | | owners licensee operating a riverboat with adjusted gross | 14 | | receipts in calendar year 2004 of less than $200,000,000, must | 15 | | pay into the Horse Racing Equity Trust Fund, in addition to any | 16 | | other payments required under this Act, an amount equal to 3% | 17 | | of the adjusted gross receipts received by the owners licensee. | 18 | | The payments required under this Section shall be made by the | 19 | | owners licensee to the State Treasurer no later than 3:00 | 20 | | o'clock p.m. of the day after the day when the adjusted gross | 21 | | receipts were received by the owners licensee. A person, firm | 22 | | or corporation is ineligible to receive
an owners license if:
| 23 | | (1) the person has been convicted of a felony under the | 24 | | laws of this
State, any other state, or the United States;
| 25 | | (2) the person has been convicted of any violation of | 26 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
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| 1 | | Code of 2012, or substantially similar laws of any other | 2 | | jurisdiction;
| 3 | | (3) the person has submitted an application for a | 4 | | license under this
Act which contains false information;
| 5 | | (4) the person is
a member of the Board;
| 6 | | (5) a person defined in (1), (2), (3) or (4) is an | 7 | | officer, director or
managerial employee of the firm or | 8 | | corporation;
| 9 | | (6) the firm or corporation employs a person defined in | 10 | | (1), (2), (3) or
(4) who participates in the management or | 11 | | operation of gambling operations
authorized under this | 12 | | Act;
| 13 | | (7) (blank); or
| 14 | | (8) a license of the person, firm or corporation issued | 15 | | under
this Act, or a license to own or operate gambling | 16 | | facilities
in any other jurisdiction, has been revoked.
| 17 | | The Board is expressly prohibited from making changes to | 18 | | the requirement that licensees make payment into the Horse | 19 | | Racing Equity Trust Fund without the express authority of the | 20 | | Illinois General Assembly and making any other rule to | 21 | | implement or interpret this amendatory Act of the 95th General | 22 | | Assembly. For the purposes of this paragraph, "rules" is given | 23 | | the meaning given to that term in Section 1-70 of the Illinois | 24 | | Administrative Procedure Act. | 25 | | (b) In determining whether to grant an owners license to an | 26 | | applicant, the
Board shall consider:
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| 1 | | (1) the character, reputation, experience and | 2 | | financial integrity of the
applicants and of any other or | 3 | | separate person that either:
| 4 | | (A) controls, directly or indirectly, such | 5 | | applicant, or
| 6 | | (B) is controlled, directly or indirectly, by such | 7 | | applicant or by a
person which controls, directly or | 8 | | indirectly, such applicant;
| 9 | | (2) the facilities or proposed facilities for the | 10 | | conduct of riverboat
gambling;
| 11 | | (3) the highest prospective total revenue to be derived | 12 | | by the State
from the conduct of riverboat gambling;
| 13 | | (4) the extent to which the ownership of the applicant | 14 | | reflects the
diversity of the State by including minority | 15 | | persons, women, and persons with a disability
and the good | 16 | | faith affirmative action plan of
each applicant to recruit, | 17 | | train and upgrade minority persons, women, and persons with | 18 | | a disability in all employment classifications;
| 19 | | (5) the financial ability of the applicant to purchase | 20 | | and maintain
adequate liability and casualty insurance;
| 21 | | (6) whether the applicant has adequate capitalization | 22 | | to provide and
maintain, for the duration of a license, a | 23 | | riverboat;
| 24 | | (7) the extent to which the applicant exceeds or meets | 25 | | other standards
for the issuance of an owners license which | 26 | | the Board may adopt by rule;
and
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| 1 | | (8) the The amount of the applicant's license bid.
| 2 | | (c) Each owners license shall specify the place where | 3 | | riverboats shall
operate and dock.
| 4 | | (d) Each applicant shall submit with his application, on | 5 | | forms
provided by the Board, 2 sets of his fingerprints.
| 6 | | (e) In addition to the license authorized under subsection | 7 | | (e-5) of this Section, the The Board may issue up to 10 | 8 | | licenses authorizing the holders of such
licenses to own | 9 | | riverboats. In the application for an owners license, the
| 10 | | applicant shall state the dock at which the riverboat is based | 11 | | and the water
on which the riverboat will be located. The Board | 12 | | shall issue 5 licenses to
become effective not earlier than | 13 | | January 1, 1991. Three of such licenses
shall authorize | 14 | | riverboat gambling on the Mississippi River, or, with approval
| 15 | | by the municipality in which the
riverboat was docked on August | 16 | | 7, 2003 and with Board approval, be authorized to relocate to a | 17 | | new location,
in a
municipality that (1) borders on the | 18 | | Mississippi River or is within 5
miles of the city limits of a | 19 | | municipality that borders on the Mississippi
River and (2), on | 20 | | August 7, 2003, had a riverboat conducting riverboat gambling | 21 | | operations pursuant to
a license issued under this Act; one of | 22 | | which shall authorize riverboat
gambling from a home dock in | 23 | | the city of East St. Louis. One other license
shall
authorize | 24 | | riverboat gambling on
the Illinois River south of Marshall | 25 | | County. The Board shall issue one
additional license to become | 26 | | effective not earlier than March 1, 1992, which
shall authorize |
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| 1 | | riverboat gambling on the Des Plaines River in Will County.
The | 2 | | Board may issue 4 additional licenses to become effective not
| 3 | | earlier than
March 1, 1992. In determining the water upon which | 4 | | riverboats will operate,
the Board shall consider the economic | 5 | | benefit which riverboat gambling confers
on the State, and | 6 | | shall seek to assure that all regions of the State share
in the | 7 | | economic benefits of riverboat gambling.
| 8 | | In granting all licenses, the Board may give favorable | 9 | | consideration to
economically depressed areas of the State, to | 10 | | applicants presenting plans
which provide for significant | 11 | | economic development over a large geographic
area, and to | 12 | | applicants who currently operate non-gambling riverboats in
| 13 | | Illinois.
The Board shall review all applications for owners | 14 | | licenses,
and shall inform each applicant of the Board's | 15 | | decision.
The Board may grant an owners license to an
applicant | 16 | | that has not submitted the highest license bid, but if it does | 17 | | not
select the highest bidder, the Board shall issue a written | 18 | | decision explaining
why another
applicant was selected and | 19 | | identifying the factors set forth in this Section
that favored | 20 | | the winning bidder.
| 21 | | (e-5) In addition to licenses authorized under subsection | 22 | | (e) of this Section, the Board may issue one owners license | 23 | | authorizing the conduct of riverboat gambling in the | 24 | | unincorporated area of Williamson County adjacent to the Big | 25 | | Muddy River. | 26 | | Each application for a license pursuant to this subsection |
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| 1 | | (e-5) shall be submitted to the Board no later than 120 days | 2 | | after the effective date of this amendatory Act of the 100th | 3 | | General Assembly and shall include the non-refundable | 4 | | application fee and the non-refundable background | 5 | | investigation fee as provided in subsection (d) of Section 6 of | 6 | | this Act. In the event that an applicant submits an application | 7 | | for a license pursuant to this subsection (e-5) prior to the | 8 | | effective date of this amendatory Act of the 100th General | 9 | | Assembly, such applicant shall submit the non-refundable | 10 | | application fee and background investigation fee as provided in | 11 | | subsection (d) of Section 6 of this Act no later than 6 months | 12 | | after the effective date of this amendatory Act of the 100th | 13 | | General Assembly. | 14 | | The Board shall consider issuing a license pursuant to this | 15 | | subsection only after the county board of the county in which | 16 | | the riverboat shall be located has certified to the Board the | 17 | | following: | 18 | | (i) that the applicant has negotiated with the county | 19 | | board in good faith; | 20 | | (ii) that the applicant and the county board have | 21 | | mutually agreed on the permanent location of the riverboat; | 22 | | (iii) that the applicant and the county board have | 23 | | mutually agreed on the temporary location of the riverboat; | 24 | | (iv) that the applicant and the county board have | 25 | | mutually agreed on the percentage of revenues that will be | 26 | | shared with the county, if any; and |
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| 1 | | (v) that the applicant and the county board have | 2 | | mutually agreed on any zoning, licensing, public health, or | 3 | | other issues that are within the jurisdiction of the | 4 | | county. | 5 | | At least 7 days before the county board of the county | 6 | | submits a certification to the Board concerning items (i) | 7 | | through (v) of this subsection, it shall hold a public hearing | 8 | | to discuss items (i) through (v), as well as any other details | 9 | | concerning the proposed riverboat in the county. The county | 10 | | board must subsequently memorialize the details concerning the | 11 | | proposed riverboat in a resolution that must be adopted by a | 12 | | majority of the county board before any certification is sent | 13 | | to the Board. The Board shall not alter, amend, change, or | 14 | | otherwise interfere with any agreement between the applicant | 15 | | and the county board of the county regarding the location of | 16 | | any temporary or permanent facility. | 17 | | (e-10) The license authorized under subsection (e-5) of | 18 | | this Section shall be issued within 12 months after the date | 19 | | the license application is submitted. If the Board does not | 20 | | issue the license within that time period, then the Board shall | 21 | | give a written explanation to the applicant as to why it has | 22 | | not reached a determination and when it reasonably expects to | 23 | | make a determination. The fee for the issuance or renewal of a | 24 | | license issued pursuant to this subsection (e-10) shall be | 25 | | $100,000. Additionally, a licensee shall pay a minimum initial | 26 | | fee of $17,500 per gaming position. The initial fees payable |
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| 1 | | under this subsection (e-10) shall be deposited into the Gaming | 2 | | Facilities Fee Revenue Fund. | 3 | | (e-15) The licensee of a license authorized under | 4 | | subsection (e-5) of this Section shall make a reconciliation | 5 | | payment 3 years after the date the licensee begins operating in | 6 | | an amount equal to 75% of the adjusted gross receipts for the | 7 | | most lucrative 12-month period of operations, minus an amount | 8 | | equal to the initial payment per gaming position paid by the | 9 | | specific licensee. If this calculation results in a negative | 10 | | amount, then the licensee is not entitled to any
reimbursement | 11 | | of fees previously paid. This reconciliation payment may be | 12 | | made in installments over a period of no more than 2 years, | 13 | | subject to Board approval. Any installment payments shall | 14 | | include an annual market interest rate as determined by the | 15 | | Board. All payments by licensees under this subsection (e-15) | 16 | | shall be deposited into the Gaming Facilities Fee Revenue Fund. | 17 | | (e-20) In addition to any other revocation powers granted | 18 | | to the Board under this
Act,
the Board may revoke the owners | 19 | | license of a licensee which fails
to begin conducting gambling | 20 | | within 15 months
of receipt of the
Board's approval of the | 21 | | application if the Board determines that license
revocation is | 22 | | in the best interests of the State.
| 23 | | (f) The first 10 owners licenses issued under this Act | 24 | | shall permit the
holder to own up to 2 riverboats and equipment | 25 | | thereon
for a period of 3 years after the effective date of the | 26 | | license. Holders of
the first 10 owners licenses must pay the |
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| 1 | | annual license fee for each of
the 3
years during which they | 2 | | are authorized to own riverboats.
| 3 | | (g) Upon the termination, expiration, or revocation of each | 4 | | of the first
10 licenses, which shall be issued for a 3 year | 5 | | period, all licenses are
renewable annually upon payment of the | 6 | | fee and a determination by the Board
that the licensee | 7 | | continues to meet all of the requirements of this Act and the
| 8 | | Board's rules.
However, for licenses renewed on or after May 1, | 9 | | 1998, renewal shall be
for a period of 4 years, unless the | 10 | | Board sets a shorter period.
| 11 | | (h) An owners license , except for an owners license | 12 | | authorized under subsection (e-5) of this Section, shall | 13 | | entitle the licensee to own up to 2
riverboats. | 14 | | A licensee authorized under subsection (e) shall limit the | 15 | | number of gambling participants to
1,200 for any such owners | 16 | | license. The owners license authorized under subsection (e-5) | 17 | | shall limit the number of gaming positions to 1,200. The | 18 | | initial fee for each gaming position obtained on or after the | 19 | | effective date of this amendatory Act of the 100th General | 20 | | Assembly by the owners license authorized under subsection | 21 | | (e-5) shall be a minimum of $17,500 for the licensee, in | 22 | | addition to the reconciliation payment, as set forth in | 23 | | subsection (e-15) of this Section. The fees under this | 24 | | subsection (h) shall be deposited into the Gaming Facilities | 25 | | Fee Revenue
Fund. | 26 | | The owners license authorized under subsection (e-5) shall |
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| 1 | | reserve its gaming positions within 90 days after issuance of | 2 | | its owners license. The Board may grant an extension to this | 3 | | 90-day period, provided that the owners licensee submits a | 4 | | written request and explanation as to why it is unable to | 5 | | reserve its positions within the 90-day period. | 6 | | A licensee may operate both of its riverboats concurrently, | 7 | | provided that the
total number of gambling participants on both | 8 | | riverboats does not exceed
1,200. Riverboats licensed to | 9 | | operate on the
Mississippi River and the Illinois River south | 10 | | of Marshall County shall
have an authorized capacity of at | 11 | | least 500 persons. Any other riverboat
licensed under this Act | 12 | | shall have an authorized capacity of at least 400
persons.
| 13 | | (i) A licensed owner is authorized to apply to the Board | 14 | | for and, if
approved therefor, to receive all licenses from the | 15 | | Board necessary for the
operation of a riverboat, including a | 16 | | liquor license, a license
to prepare and serve food for human | 17 | | consumption, and other necessary
licenses. All use, occupation | 18 | | and excise taxes which apply to the sale of
food and beverages | 19 | | in this State and all taxes imposed on the sale or use
of | 20 | | tangible personal property apply to such sales aboard the | 21 | | riverboat.
| 22 | | (j) The Board may issue or re-issue a license authorizing a | 23 | | riverboat to
dock
in a municipality or approve a relocation | 24 | | under Section 11.2 only if, prior
to the issuance or | 25 | | re-issuance of
the license or approval, the governing body of | 26 | | the municipality in which
the riverboat will dock has by a |
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| 1 | | majority vote approved the docking of
riverboats in the | 2 | | municipality. The Board may issue or re-issue a license
| 3 | | authorizing a
riverboat to dock in areas of a county outside | 4 | | any municipality or approve a
relocation under Section 11.2 | 5 | | only if, prior to the issuance or re-issuance
of the license
or | 6 | | approval, the
governing body of the county has by a majority | 7 | | vote approved of the docking of
riverboats within such areas.
| 8 | | (Source: P.A. 100-391, eff. 8-25-17.)
| 9 | | (230 ILCS 10/7.3)
| 10 | | Sec. 7.3. State conduct of gambling operations.
| 11 | | (a) If, after reviewing each application for a re-issued | 12 | | license, the
Board determines that the highest prospective | 13 | | total revenue to the State would
be derived from State conduct | 14 | | of the gambling operation in lieu of re-issuing
the license, | 15 | | the Board shall inform each applicant of its decision. The | 16 | | Board
shall thereafter have the authority, without obtaining an | 17 | | owners license, to
conduct riverboat gambling operations as
| 18 | | previously authorized by the terminated, expired, revoked, or | 19 | | nonrenewed
license through a licensed manager selected | 20 | | pursuant to an open and competitive
bidding
process as set | 21 | | forth in Section 7.5 and as provided in Section 7.4.
| 22 | | (b) The Board may locate any riverboat on which a gambling | 23 | | operation is
conducted by the State in any home dock location | 24 | | authorized by Section 3(c)
upon receipt of approval from a | 25 | | majority vote of the governing body of the
municipality or |
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| 1 | | county, as the case may be, in which the riverboat will dock.
| 2 | | (c) The Board shall have jurisdiction over and shall | 3 | | supervise all
gambling operations conducted by the State | 4 | | provided for in this Act and shall
have all powers necessary | 5 | | and proper to fully and effectively execute the
provisions of | 6 | | this Act relating to gambling operations conducted by the | 7 | | State.
| 8 | | (d) The maximum number of owners licenses authorized under | 9 | | Section 7
7(e)
shall be reduced by one for each instance in | 10 | | which the Board authorizes the
State to conduct a riverboat | 11 | | gambling operation under subsection (a) in lieu of
re-issuing a | 12 | | license to an applicant under Section 7.1.
| 13 | | (Source: P.A. 93-28, eff. 6-20-03.)
| 14 | | (230 ILCS 10/7.5)
| 15 | | Sec. 7.5. Competitive Bidding. When the Board determines | 16 | | that (i) it will re-issue an owners license pursuant to
an
open | 17 | | and competitive bidding process, as set forth in Section 7.1, | 18 | | (ii) or that it
will issue a managers license pursuant to an | 19 | | open and competitive bidding
process, as set forth in Section | 20 | | 7.4, or (iii) it will issue an owners license pursuant to an | 21 | | open
and competitive bidding process, as set forth in Section | 22 | | 7.12, the open and competitive bidding process
shall adhere to | 23 | | the following procedures:
| 24 | | (1) The Board shall make applications for owners and | 25 | | managers
licenses available to the public and allow a |
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| 1 | | reasonable time for applicants to
submit applications to the | 2 | | Board.
| 3 | | (2) During the filing period for owners or managers license | 4 | | applications,
the
Board may retain the services of an | 5 | | investment banking firm to assist the Board
in conducting the | 6 | | open and competitive bidding process.
| 7 | | (3) After receiving all of the bid proposals, the Board | 8 | | shall open all of
the
proposals in a public forum and disclose | 9 | | the prospective owners or managers
names, venture partners, if | 10 | | any, and, in the case of applicants for owners
licenses, the | 11 | | locations of the proposed development sites.
| 12 | | (4) The Board shall summarize the terms of the proposals | 13 | | and may make this
summary available to the public.
| 14 | | (5) The Board shall evaluate the proposals within a | 15 | | reasonable time and
select no
more than 3 final applicants to | 16 | | make presentations of their
proposals to the Board.
| 17 | | (6) The final applicants shall make their presentations to | 18 | | the
Board on
the same day during an open session of the Board.
| 19 | | (7) As soon as practicable after the public presentations | 20 | | by the final
applicants,
the Board, in its
discretion, may | 21 | | conduct further negotiations among the 3 final applicants.
| 22 | | During such negotiations, each final applicant may increase its | 23 | | license bid or
otherwise enhance its bid proposal. At the | 24 | | conclusion of such
negotiations, the Board shall
select the | 25 | | winning proposal. In the case of negotiations for
an owners | 26 | | license, the Board may, at the conclusion of such negotiations,
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| 1 | | make the determination allowed under Section 7.3(a).
| 2 | | (8) Upon selection of a winning bid, the Board shall | 3 | | evaluate the winning
bid
within a reasonable period of time for | 4 | | licensee suitability in accordance with
all applicable | 5 | | statutory and regulatory criteria.
| 6 | | (9) If the winning bidder is unable or otherwise fails to
| 7 | | consummate the transaction, (including if the Board determines | 8 | | that the winning
bidder does not satisfy the suitability | 9 | | requirements), the Board may, on the
same criteria, select from | 10 | | the remaining bidders or make the determination
allowed under | 11 | | Section 7.3(a).
| 12 | | (Source: P.A. 93-28, eff. 6-20-03.)
| 13 | | (230 ILCS 10/7.12 new) | 14 | | Sec. 7.12. Issuance of new owners license. | 15 | | (a) The owners license newly authorized pursuant to this | 16 | | amendatory Act of the 100th General Assembly may be issued by | 17 | | the Board to a qualified applicant pursuant to an open and | 18 | | competitive bidding process, as set forth in Section 7.5. | 19 | | (b) To be a qualified applicant, a person or entity may not | 20 | | be ineligible to receive an owners license under subsection (a) | 21 | | of Section 7 of this Act and must submit an application for an | 22 | | owners license that complies with Section 6 of this Act. | 23 | | (c) In determining whether to grant an owners license to an | 24 | | applicant, the Board shall consider all of the factors set | 25 | | forth in subsections (b) and (e-5) of Section 7 of this Act, as |
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| 1 | | well as the amount of the applicant's license bid. The Board | 2 | | may grant the owners license to an applicant that has not | 3 | | submitted the highest license bid, but if it does not select | 4 | | the highest bidder, the Board shall issue a written decision | 5 | | explaining why another applicant was selected and identifying | 6 | | the factors set forth in subsections (b) and (e-5) of Section 7 | 7 | | of this Act that favored the winning bidder. | 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2019. |
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