Illinois General Assembly - Full Text of SB3312
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Full Text of SB3312  98th General Assembly

SB3312enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
59-7 as follows:
 
6    (10 ILCS 5/9-7)  (from Ch. 46, par. 9-7)
7    Sec. 9-7. Records and accounts.
8    (1) Except as provided in subsection (2), the treasurer of
9a political committee shall keep a detailed and exact account
10of-
11        (a) the total of all contributions made to or for the
12    committee;
13        (b) the full name and mailing address of every person
14    making a contribution and the date and amount thereof;
15        (c) the total of all expenditures made by or on behalf
16    of the committee;
17        (d) the full name and mailing address of every person
18    to whom any expenditure is made, and the date and amount
19    thereof;
20        (e) proof of payment, stating the particulars, for
21    every expenditure made by or on behalf of the committee.
22    The treasurer shall preserve all records and accounts
23required by this section for a period of 2 years.

 

 

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1    (2) The treasurer of a political committee shall keep a
2detailed and exact account of the total amount of contributions
3made to or for a committee at an event licensed under Section
48.1 of the Raffles and Poker Runs Act. For an event licensed
5under Section 8.1, the treasurer is not required to keep a
6detailed and exact account of the full name and mailing address
7of a person who purchases tickets at the event in an amount
8that does not exceed $150.
9(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
 
10    Section 10. The Raffles Act is amended by changing Sections
110.01, 1, 2, 3, 4, 5, 6, and 8 as follows:
 
12    (230 ILCS 15/0.01)  (from Ch. 85, par. 2300)
13    Sec. 0.01. Short title. This Act may be cited as the
14Raffles and Poker Runs Act.
15(Source: P.A. 86-1324.)
 
16    (230 ILCS 15/1)  (from Ch. 85, par. 2301)
17    Sec. 1. Definitions.) For the purposes of this Act the
18terms defined in this Section have the meanings given them.
19    "Net Proceeds" means the gross receipts from the conduct of
20raffles, less reasonable sums expended for prizes, local
21license fees and other reasonable operating expenses incurred
22as a result of operating a raffle or poker run.
23    "Key location" means the location where the poker run

 

 

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1concludes and the prize or prizes are awarded.
2    "Poker run" means an event organized by an organization
3licensed under this Act in which participants travel to
4multiple predetermined locations, including a key location,
5drawing a playing card or equivalent item at each location, in
6order to assemble a facsimile of a poker hand or other numeric
7score. "Poker run" includes dice runs, marble runs, or other
8events where the objective is to build the best hand or highest
9score by obtaining an item at each location.
10    "Raffle" means a form of lottery, as defined in Section
1128-2(b) of the Criminal Code of 2012, conducted by an
12organization licensed under this Act, in which:
13        (1) the player pays or agrees to pay something of value
14    for a chance, represented and differentiated by a number or
15    by a combination of numbers or by some other medium, one or
16    more of which chances is to be designated the winning
17    chance;
18        (2) the winning chance is to be determined through a
19    drawing or by some other method based on an element of
20    chance by an act or set of acts on the part of persons
21    conducting or connected with the lottery, except that the
22    winning chance shall not be determined by the outcome of a
23    publicly exhibited sporting contest.
24(Source: P.A. 97-1150, eff. 1-25-13.)
 
25    (230 ILCS 15/2)  (from Ch. 85, par. 2302)

 

 

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1    Sec. 2. Licensing.
2    (a) The governing body of any county or municipality within
3this State may establish a system for the licensing of
4organizations to operate raffles. The governing bodies of a
5county and one or more municipalities may, pursuant to a
6written contract, jointly establish a system for the licensing
7of organizations to operate raffles within any area of
8contiguous territory not contained within the corporate limits
9of a municipality which is not a party to such contract. The
10governing bodies of two or more adjacent counties or two or
11more adjacent municipalities located within a county may,
12pursuant to a written contract, jointly establish a system for
13the licensing of organizations to operate raffles within the
14corporate limits of such counties or municipalities. The
15licensing authority may establish special categories of
16licenses and promulgate rules relating to the various
17categories. The licensing system shall provide for limitations
18upon (1) the aggregate retail value of all prizes or
19merchandise awarded by a licensee in a single raffle, (2) the
20maximum retail value of each prize awarded by a licensee in a
21single raffle, (3) the maximum price which may be charged for
22each raffle chance issued or sold and (4) the maximum number of
23days during which chances may be issued or sold. The licensing
24system may include a fee for each license in an amount to be
25determined by the local governing body. Licenses issued
26pursuant to this Act shall be valid for one raffle or for a

 

 

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

 

 

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1Act. A local governing body shall act on a license application
2within 30 days after the date of application.
3    (b) Licenses shall be issued only to bona fide religious,
4charitable, labor, business, fraternal, educational or
5veterans' organizations that operate without profit to their
6members and which have been in existence continuously for a
7period of 5 years immediately before making application for a
8license and which have had during that entire 5 year period a
9bona fide membership engaged in carrying out their objects, or
10to a non-profit fundraising organization that the licensing
11authority determines is organized for the sole purpose of
12providing financial assistance to an identified individual or
13group of individuals suffering extreme financial hardship as
14the result of an illness, disability, accident or disaster. A
15licensing authority may waive the 5-year requirement under this
16subsection (b) for a bona fide religious, charitable, labor,
17business, fraternal, educational, or veterans' organization
18that applies for a license to conduct a poker run if the
19organization is a local organization that is affiliated with
20and chartered by a national or State organization that meets
21the 5-year requirement.
22    For purposes of this Act, the following definitions apply.
23Non-profit: An organization or institution organized and
24conducted on a not-for-profit basis with no personal profit
25inuring to any one as a result of the operation. Charitable: An
26organization or institution organized and operated to benefit

 

 

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1an indefinite number of the public. The service rendered to
2those eligible for benefits must also confer some benefit on
3the public. Educational: An organization or institution
4organized and operated to provide systematic instruction in
5useful branches of learning by methods common to schools and
6institutions of learning which compare favorably in their scope
7and intensity with the course of study presented in
8tax-supported schools. Religious: Any church, congregation,
9society, or organization founded for the purpose of religious
10worship. Fraternal: An organization of persons having a common
11interest, the primary interest of which is to both promote the
12welfare of its members and to provide assistance to the general
13public in such a way as to lessen the burdens of government by
14caring for those that otherwise would be cared for by the
15government. Veterans: An organization or association comprised
16of members of which substantially all are individuals who are
17veterans or spouses, widows, or widowers of veterans, the
18primary purpose of which is to promote the welfare of its
19members and to provide assistance to the general public in such
20a way as to confer a public benefit. Labor: An organization
21composed of workers organized with the objective of betterment
22of the conditions of those engaged in such pursuit and the
23development of a higher degree of efficiency in their
24respective occupations. Business: A voluntary organization
25composed of individuals and businesses who have joined together
26to advance the commercial, financial, industrial and civic

 

 

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1interests of a community.
2    (c) Poker runs shall be licensed by the governing body with
3jurisdiction over the key location. The license granted by the
4key location shall cover the entire poker run, including
5locations other than the key location. Each license issued
6shall include the name and address of each predetermined
7location.
8(Source: P.A. 86-820.)
 
9    (230 ILCS 15/3)  (from Ch. 85, par. 2303)
10    Sec. 3. License - Application - Issuance - Restrictions -
11Persons ineligible. Licenses issued by the governing body of
12any county or municipality are subject to the following
13restrictions:
14    (1) No person, firm or corporation shall conduct raffles or
15chances or poker runs without having first obtained a license
16therefor pursuant to this Act.
17    (2) The license and application for license must specify
18the area or areas within the licensing authority in which
19raffle chances will be sold or issued or a poker run will be
20conducted, the time period during which raffle chances will be
21sold or issued or a poker run will be conducted, the time of
22determination of winning chances and the location or locations
23at which winning chances will be determined.
24    (3) The license application must contain a sworn statement
25attesting to the not-for-profit character of the prospective

 

 

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1licensee organization, signed by the presiding officer and the
2secretary of that organization.
3    (4) The application for license shall be prepared in
4accordance with the ordinance of the local governmental unit.
5    (5) A license authorizes the licensee to conduct raffles or
6poker runs as defined in this Act.
7    The following are ineligible for any license under this
8Act:
9    (a) any person who has been convicted of a felony;
10    (b) any person who is or has been a professional gambler or
11gambling promoter;
12    (c) any person who is not of good moral character;
13    (d) any firm or corporation in which a person defined in
14(a), (b) or (c) has a proprietary, equitable or credit
15interest, or in which such a person is active or employed;
16    (e) any organization in which a person defined in (a), (b)
17or (c) is an officer, director, or employee, whether
18compensated or not;
19    (f) any organization in which a person defined in (a), (b)
20or (c) is to participate in the management or operation of a
21raffle as defined in this Act.
22(Source: P.A. 85-160.)
 
23    (230 ILCS 15/4)  (from Ch. 85, par. 2304)
24    Sec. 4. Conduct of raffles and poker runs.
25    (a) The conducting of raffles and poker runs is subject to

 

 

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1the following restrictions:
2        (1) The entire net proceeds of any raffle or poker run
3    must be exclusively devoted to the lawful purposes of the
4    organization permitted to conduct that game.
5        (2) No person except a bona fide member of the
6    sponsoring organization may participate in the management
7    or operation of the raffle or poker run.
8        (3) No person may receive any remuneration or profit
9    for participating in the management or operation of the
10    raffle or poker run.
11        (4) A licensee may rent a premises on which to
12    determine the winning chance or chances in a raffle only
13    from an organization which is also licensed under this Act.
14    A premises where a poker run is held is not required to
15    obtain a license if the name and location of the premises
16    is listed as a predetermined location on the license issued
17    for the poker run and the premises does not charge for use
18    of the premises.
19        (5) Raffle chances may be sold or issued only within
20    the area specified on the license and winning chances may
21    be determined only at those locations specified on the
22    license for a raffle.
23        (6) A person under the age of 18 years may participate
24    in the conducting of raffles or chances or poker runs only
25    with the permission of a parent or guardian. A person under
26    the age of 18 years may be within the area where winning

 

 

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1    chances in a raffle or winning hands or scores in a poker
2    run are being determined only when accompanied by his
3    parent or guardian.
4    (b) If a lessor rents premises where a winning chance or
5chances on a raffle or a winning hand or score in a poker run is
6are determined, the lessor shall not be criminally liable if
7the person who uses the premises for the determining of winning
8chances does not hold a license issued by the governing body of
9any county or municipality under the provisions of this Act.
10(Source: P.A. 87-1271.)
 
11    (230 ILCS 15/5)  (from Ch. 85, par. 2305)
12    Sec. 5. Manager; bond Raffles - manager - bond. All
13operation of and the conduct of raffles and poker runs shall be
14under the supervision of a single raffles manager designated by
15the organization. The manager shall give a fidelity bond in an
16amount determined by the licensing authority in favor of the
17organization conditioned upon his honesty in the performance of
18his duties. Terms of the bond shall provide that notice shall
19be given in writing to the licensing authority not less than 30
20days prior to its cancellation. The governing body of a local
21unit of government may waive this bond requirement by including
22a waiver provision in the license issued to an organization
23under this Act, provided that a license containing such waiver
24provision shall be granted only by unanimous vote of the
25members of the licensed organization.

 

 

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1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    (230 ILCS 15/6)  (from Ch. 85, par. 2306)
3    Sec. 6. Records.)
4    (a) Each organization licensed to conduct raffles and
5chances or poker run events shall keep records of its gross
6receipts, expenses and net proceeds for each single gathering
7or occasion at which winning chances in a raffle or winning
8hands or scores in a poker run are determined. All deductions
9from gross receipts for each single gathering or occasion shall
10be documented with receipts or other records indicating the
11amount, a description of the purchased item or service or other
12reason for the deduction, and the recipient. The distribution
13of net proceeds shall be itemized as to payee, purpose, amount
14and date of payment.
15    (b) Gross receipts from the operation of raffles programs
16or poker runs shall be segregated from other revenues of the
17organization, including bingo gross receipts, if bingo games
18are also conducted by the same nonprofit organization pursuant
19to license therefor issued by the Department of Revenue of the
20State of Illinois, and placed in a separate account. Each
21organization shall have separate records of its raffles and
22poker runs. The person who accounts for gross receipts,
23expenses and net proceeds from the operation of raffles or
24poker runs shall not be the same person who accounts for other
25revenues of the organization.

 

 

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1    (c) Each organization licensed to conduct raffles or poker
2runs shall report promptly after the conclusion of each raffle
3or poker run to its membership, and to the licensing local unit
4of government, its gross receipts, expenses and net proceeds
5from raffles or poker runs, and the distribution of net
6proceeds itemized as required in this Section.
7    (d) Records required by this Section shall be preserved for
83 years, and organizations shall make available their records
9relating to operation of raffles or poker runs for public
10inspection at reasonable times and places.
11(Source: P.A. 82-711.)
 
12    (230 ILCS 15/8)  (from Ch. 85, par. 2308)
13    Sec. 8. Nothing in this Act shall be construed to authorize
14the conducting or operating of any gambling scheme, enterprise,
15activity or device other than raffles or poker runs as provided
16for herein.
17(Source: P.A. 81-1365.)
 
18    Section 15. The Charitable Games Act is amended by changing
19Section 2 as follows:
 
20    (230 ILCS 30/2)  (from Ch. 120, par. 1122)
21    Sec. 2. Definitions. For purposes of this Act, the
22following definitions apply:
23    "Charitable games" means the 14 games of chance involving

 

 

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1cards, dice, wheels, random selection of numbers, and gambling
2tickets which may be conducted at charitable games events
3listed as follows: roulette, blackjack, poker, pull tabs,
4craps, bang, beat the dealer, big six, gin rummy, five card
5stud poker, chuck-a-luck, keno, hold-em poker, and merchandise
6wheel.
7    "Charitable games event" or "event" means the type of
8fundraising event authorized by the Act at which participants
9pay to play charitable games for the chance of winning cash or
10noncash prizes. "Charitable games event" or "event" includes a
11poker run.
12    "Charitable organization" means an organization or
13institution organized and operated to benefit an indefinite
14number of the public.
15    "Chips" means scrip, play money, poker or casino chips, or
16any other representations of money, used to make wagers on the
17outcome of any charitable game.
18    "Department" means the Department of Revenue.
19    "Educational organization" means an organization or
20institution organized and operated to provide systematic
21instruction in useful branches of learning by methods common to
22schools and institutions of learning which compare favorably in
23their scope and intensity with the course of study presented in
24tax-supported schools.
25    "Fraternal organization" means an organization of persons
26having a common interest that is organized and operated

 

 

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1exclusively to promote the welfare of its members and to
2benefit the general public on a continuing and consistent
3basis, including but not limited to ethnic organizations.
4    "Labor organization" means an organization composed of
5labor unions or workers organized with the objective of
6betterment of the conditions of those engaged in such pursuit
7and the development of a higher degree of efficiency in their
8respective occupations.
9    "Licensed organization" means a qualified organization
10that has obtained a license to conduct a charitable games event
11in conformance with the provisions of this Act.
12    "Non-profit organization" means an organization or
13institution organized and conducted on a not-for-profit basis
14with no personal profit inuring to anyone as a result of the
15operation.
16    "Organization" means a : A corporation, agency,
17partnership, association, firm, business, or other entity
18consisting of 2 or more persons joined by a common interest or
19purpose.
20    "Person" means any natural individual, corporation,
21partnership, limited liability company, organization as
22defined in this Section, qualified organization, licensed
23organization, licensee under this Act, or volunteer.
24    "Poker run" means an event organized by a sponsoring
25organization in which participants travel to 5 or more
26predetermined locations, drawing a playing card or equivalent

 

 

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1item at each location, in order to assemble a facsimile of a
2poker hand or other numeric score. "Poker run" includes dice
3runs, marble runs, or other events where the objective is to
4build the best hand or highest score by obtaining an item at
5each location.
6    "Premises" means a distinct parcel of land and the
7buildings thereon.
8    "Provider" means the person or organization owning,
9leasing, or controlling premises upon which any charitable
10games event is to be conducted.
11    "Qualified organization" means:
12        (a) a charitable, religious, fraternal, veterans,
13    labor, educational organization, or other institution
14    organized and conducted on a not-for-profit basis with no
15    personal profit inuring to anyone as a result of the
16    operation and which is exempt from federal income taxation
17    under Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8),
18    501(c)(10) or 501(c)(19) of the Internal Revenue Code;
19        (b) a veterans organization as defined in Section 1.1
20    of the "Bingo License and Tax Act" organized and conducted
21    on a not-for-profit basis with no personal profit inuring
22    to anyone as a result of the operation; or
23        (c) An auxiliary organization of a veterans
24    organization.
25    "Religious organization" means any church, congregation,
26society, or organization founded for the purpose of religious

 

 

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1worship.
2    "Sponsoring organization" means a qualified organization
3that has obtained a license to conduct a charitable games event
4in conformance with the provisions of this Act.
5    "Supplier" means any person, firm, or corporation that
6sells, leases, lends, distributes, or otherwise provides to any
7organization licensed to conduct charitable games events in
8Illinois any charitable games equipment.
9    "Veterans' organization" means an organization comprised
10of members of which substantially all are individuals who are
11veterans or spouses, widows, or widowers of veterans, the
12primary purpose of which is to promote the welfare of its
13members and to provide assistance to the general public in such
14a way as to confer a public benefit.
15    "Volunteer" means a person recruited by a licensed
16organization who voluntarily performs services at a charitable
17games event, including participation in the management or
18operation of a game, as defined in Section 8.
19(Source: P.A. 98-426, eff. 8-16-13.)
 
20    Section 20. The Liquor Control Act of 1934 is amended by
21changing Section 6-2 as follows:
 
22    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
23    Sec. 6-2. Issuance of licenses to certain persons
24prohibited.

 

 

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

 

 

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1    been revoked for cause.
2        (8) A person who at the time of application for renewal
3    of any license issued hereunder would not be eligible for
4    such license upon a first application.
5        (9) A copartnership, if any general partnership
6    thereof, or any limited partnership thereof, owning more
7    than 5% of the aggregate limited partner interest in such
8    copartnership would not be eligible to receive a license
9    hereunder for any reason other than residence within the
10    political subdivision, unless residency is required by
11    local ordinance.
12        (10) A corporation or limited liability company, if any
13    member, officer, manager or director thereof, or any
14    stockholder or stockholders owning in the aggregate more
15    than 5% of the stock of such corporation, would not be
16    eligible to receive a license hereunder for any reason
17    other than citizenship and residence within the political
18    subdivision.
19        (10a) A corporation or limited liability company
20    unless it is incorporated or organized in Illinois, or
21    unless it is a foreign corporation or foreign limited
22    liability company which is qualified under the Business
23    Corporation Act of 1983 or the Limited Liability Company
24    Act to transact business in Illinois. The Commission shall
25    permit and accept from an applicant for a license under
26    this Act proof prepared from the Secretary of State's

 

 

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1    website that the corporation or limited liability company
2    is in good standing and is qualified under the Business
3    Corporation Act of 1983 or the Limited Liability Company
4    Act to transact business in Illinois.
5        (11) A person whose place of business is conducted by a
6    manager or agent unless the manager or agent possesses the
7    same qualifications required by the licensee.
8        (12) A person who has been convicted of a violation of
9    any Federal or State law concerning the manufacture,
10    possession or sale of alcoholic liquor, subsequent to the
11    passage of this Act or has forfeited his bond to appear in
12    court to answer charges for any such violation.
13        (13) A person who does not beneficially own the
14    premises for which a license is sought, or does not have a
15    lease thereon for the full period for which the license is
16    to be issued.
17        (14) Any law enforcing public official, including
18    members of local liquor control commissions, any mayor,
19    alderman, or member of the city council or commission, any
20    president of the village board of trustees, any member of a
21    village board of trustees, or any president or member of a
22    county board; and no such official shall have a direct
23    interest in the manufacture, sale, or distribution of
24    alcoholic liquor, except that a license may be granted to
25    such official in relation to premises that are not located
26    within the territory subject to the jurisdiction of that

 

 

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1    official if the issuance of such license is approved by the
2    State Liquor Control Commission and except that a license
3    may be granted, in a city or village with a population of
4    55,000 or less, to any alderman, member of a city council,
5    or member of a village board of trustees in relation to
6    premises that are located within the territory subject to
7    the jurisdiction of that official if (i) the sale of
8    alcoholic liquor pursuant to the license is incidental to
9    the selling of food, (ii) the issuance of the license is
10    approved by the State Commission, (iii) the issuance of the
11    license is in accordance with all applicable local
12    ordinances in effect where the premises are located, and
13    (iv) the official granted a license does not vote on
14    alcoholic liquor issues pending before the board or council
15    to which the license holder is elected. Notwithstanding any
16    provision of this paragraph (14) to the contrary, an
17    alderman or member of a city council or commission, a
18    member of a village board of trustees other than the
19    president of the village board of trustees, or a member of
20    a county board other than the president of a county board
21    may have a direct interest in the manufacture, sale, or
22    distribution of alcoholic liquor as long as he or she is
23    not a law enforcing public official, a mayor, a village
24    board president, or president of a county board. To prevent
25    any conflict of interest, the elected official with the
26    direct interest in the manufacture, sale, or distribution

 

 

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1    of alcoholic liquor shall not participate in any meetings,
2    hearings, or decisions on matters impacting the
3    manufacture, sale, or distribution of alcoholic liquor.
4    Furthermore, the mayor of a city with a population of
5    55,000 or less or the president of a village with a
6    population of 55,000 or less may have an interest in the
7    manufacture, sale, or distribution of alcoholic liquor as
8    long as the council or board over which he or she presides
9    has made a local liquor control commissioner appointment
10    that complies with the requirements of Section 4-2 of this
11    Act.
12        (15) A person who is not a beneficial owner of the
13    business to be operated by the licensee.
14        (16) A person who has been convicted of a gambling
15    offense as proscribed by any of subsections (a) (3) through
16    (a) (11) of Section 28-1 of, or as proscribed by Section
17    28-1.1 or 28-3 of, the Criminal Code of 1961 or the
18    Criminal Code of 2012, or as proscribed by a statute
19    replaced by any of the aforesaid statutory provisions.
20        (17) A person or entity to whom a federal wagering
21    stamp has been issued by the federal government, unless the
22    person or entity is eligible to be issued a license under
23    the Raffles and Poker Runs Act or the Illinois Pull Tabs
24    and Jar Games Act.
25        (18) A person who intends to sell alcoholic liquors for
26    use or consumption on his or her licensed retail premises

 

 

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1    who does not have liquor liability insurance coverage for
2    that premises in an amount that is at least equal to the
3    maximum liability amounts set out in subsection (a) of
4    Section 6-21.
5        (19) A person who is licensed by any licensing
6    authority as a manufacturer of beer, or any partnership,
7    corporation, limited liability company, or trust or any
8    subsidiary, affiliate, or agent thereof, or any other form
9    of business enterprise licensed as a manufacturer of beer,
10    having any legal, equitable, or beneficial interest,
11    directly or indirectly, in a person licensed in this State
12    as a distributor or importing distributor. For purposes of
13    this paragraph (19), a person who is licensed by any
14    licensing authority as a "manufacturer of beer" shall also
15    mean a brewer and a non-resident dealer who is also a
16    manufacturer of beer, including a partnership,
17    corporation, limited liability company, or trust or any
18    subsidiary, affiliate, or agent thereof, or any other form
19    of business enterprise licensed as a manufacturer of beer.
20        (20) A person who is licensed in this State as a
21    distributor or importing distributor, or any partnership,
22    corporation, limited liability company, or trust or any
23    subsidiary, affiliate, or agent thereof, or any other form
24    of business enterprise licensed in this State as a
25    distributor or importing distributor having any legal,
26    equitable, or beneficial interest, directly or indirectly,

 

 

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1    in a person licensed as a manufacturer of beer by any
2    licensing authority, or any partnership, corporation,
3    limited liability company, or trust or any subsidiary,
4    affiliate, or agent thereof, or any other form of business
5    enterprise, except for a person who owns, on or after the
6    effective date of this amendatory Act of the 98th General
7    Assembly, no more than 5% of the outstanding shares of a
8    manufacturer of beer whose shares are publicly traded on an
9    exchange within the meaning of the Securities Exchange Act
10    of 1934. For the purposes of this paragraph (20), a person
11    who is licensed by any licensing authority as a
12    "manufacturer of beer" shall also mean a brewer and a
13    non-resident dealer who is also a manufacturer of beer,
14    including a partnership, corporation, limited liability
15    company, or trust or any subsidiary, affiliate, or agent
16    thereof, or any other form of business enterprise licensed
17    as a manufacturer of beer.
18    (b) A criminal conviction of a corporation is not grounds
19for the denial, suspension, or revocation of a license applied
20for or held by the corporation if the criminal conviction was
21not the result of a violation of any federal or State law
22concerning the manufacture, possession or sale of alcoholic
23liquor, the offense that led to the conviction did not result
24in any financial gain to the corporation and the corporation
25has terminated its relationship with each director, officer,
26employee, or controlling shareholder whose actions directly

 

 

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1contributed to the conviction of the corporation. The
2Commission shall determine if all provisions of this subsection
3(b) have been met before any action on the corporation's
4license is initiated.
5(Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13;
698-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)
 
7    Section 25. The Criminal Code of 2012 is amended by
8changing Sections 28-1 and 28-1.1 as follows:
 
9    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
10    Sec. 28-1. Gambling.
11    (a) A person commits gambling when he or she:
12        (1) knowingly plays a game of chance or skill for money
13    or other thing of value, unless excepted in subsection (b)
14    of this Section;
15        (2) knowingly makes a wager upon the result of any
16    game, contest, or any political nomination, appointment or
17    election;
18        (3) knowingly operates, keeps, owns, uses, purchases,
19    exhibits, rents, sells, bargains for the sale or lease of,
20    manufactures or distributes any gambling device;
21        (4) contracts to have or give himself or herself or
22    another the option to buy or sell, or contracts to buy or
23    sell, at a future time, any grain or other commodity
24    whatsoever, or any stock or security of any company, where

 

 

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1    it is at the time of making such contract intended by both
2    parties thereto that the contract to buy or sell, or the
3    option, whenever exercised, or the contract resulting
4    therefrom, shall be settled, not by the receipt or delivery
5    of such property, but by the payment only of differences in
6    prices thereof; however, the issuance, purchase, sale,
7    exercise, endorsement or guarantee, by or through a person
8    registered with the Secretary of State pursuant to Section
9    8 of the Illinois Securities Law of 1953, or by or through
10    a person exempt from such registration under said Section
11    8, of a put, call, or other option to buy or sell
12    securities which have been registered with the Secretary of
13    State or which are exempt from such registration under
14    Section 3 of the Illinois Securities Law of 1953 is not
15    gambling within the meaning of this paragraph (4);
16        (5) knowingly owns or possesses any book, instrument or
17    apparatus by means of which bets or wagers have been, or
18    are, recorded or registered, or knowingly possesses any
19    money which he has received in the course of a bet or
20    wager;
21        (6) knowingly sells pools upon the result of any game
22    or contest of skill or chance, political nomination,
23    appointment or election;
24        (7) knowingly sets up or promotes any lottery or sells,
25    offers to sell or transfers any ticket or share for any
26    lottery;

 

 

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1        (8) knowingly sets up or promotes any policy game or
2    sells, offers to sell or knowingly possesses or transfers
3    any policy ticket, slip, record, document or other similar
4    device;
5        (9) knowingly drafts, prints or publishes any lottery
6    ticket or share, or any policy ticket, slip, record,
7    document or similar device, except for such activity
8    related to lotteries, bingo games and raffles authorized by
9    and conducted in accordance with the laws of Illinois or
10    any other state or foreign government;
11        (10) knowingly advertises any lottery or policy game,
12    except for such activity related to lotteries, bingo games
13    and raffles authorized by and conducted in accordance with
14    the laws of Illinois or any other state;
15        (11) knowingly transmits information as to wagers,
16    betting odds, or changes in betting odds by telephone,
17    telegraph, radio, semaphore or similar means; or knowingly
18    installs or maintains equipment for the transmission or
19    receipt of such information; except that nothing in this
20    subdivision (11) prohibits transmission or receipt of such
21    information for use in news reporting of sporting events or
22    contests; or
23        (12) knowingly establishes, maintains, or operates an
24    Internet site that permits a person to play a game of
25    chance or skill for money or other thing of value by means
26    of the Internet or to make a wager upon the result of any

 

 

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1    game, contest, political nomination, appointment, or
2    election by means of the Internet. This item (12) does not
3    apply to activities referenced in items (6) and (6.1) of
4    subsection (b) of this Section.
5    (b) Participants in any of the following activities shall
6not be convicted of gambling:
7        (1) Agreements to compensate for loss caused by the
8    happening of chance including without limitation contracts
9    of indemnity or guaranty and life or health or accident
10    insurance.
11        (2) Offers of prizes, award or compensation to the
12    actual contestants in any bona fide contest for the
13    determination of skill, speed, strength or endurance or to
14    the owners of animals or vehicles entered in such contest.
15        (3) Pari-mutuel betting as authorized by the law of
16    this State.
17        (4) Manufacture of gambling devices, including the
18    acquisition of essential parts therefor and the assembly
19    thereof, for transportation in interstate or foreign
20    commerce to any place outside this State when such
21    transportation is not prohibited by any applicable Federal
22    law; or the manufacture, distribution, or possession of
23    video gaming terminals, as defined in the Video Gaming Act,
24    by manufacturers, distributors, and terminal operators
25    licensed to do so under the Video Gaming Act.
26        (5) The game commonly known as "bingo", when conducted

 

 

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1    in accordance with the Bingo License and Tax Act.
2        (6) Lotteries when conducted by the State of Illinois
3    in accordance with the Illinois Lottery Law. This exemption
4    includes any activity conducted by the Department of
5    Revenue to sell lottery tickets pursuant to the provisions
6    of the Illinois Lottery Law and its rules.
7        (6.1) The purchase of lottery tickets through the
8    Internet for a lottery conducted by the State of Illinois
9    under the program established in Section 7.12 of the
10    Illinois Lottery Law.
11        (7) Possession of an antique slot machine that is
12    neither used nor intended to be used in the operation or
13    promotion of any unlawful gambling activity or enterprise.
14    For the purpose of this subparagraph (b)(7), an antique
15    slot machine is one manufactured 25 years ago or earlier.
16        (8) Raffles and poker runs when conducted in accordance
17    with the Raffles and Poker Runs Act.
18        (9) Charitable games when conducted in accordance with
19    the Charitable Games Act.
20        (10) Pull tabs and jar games when conducted under the
21    Illinois Pull Tabs and Jar Games Act.
22        (11) Gambling games conducted on riverboats when
23    authorized by the Riverboat Gambling Act.
24        (12) Video gaming terminal games at a licensed
25    establishment, licensed truck stop establishment, licensed
26    fraternal establishment, or licensed veterans

 

 

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1    establishment when conducted in accordance with the Video
2    Gaming Act.
3        (13) Games of skill or chance where money or other
4    things of value can be won but no payment or purchase is
5    required to participate.
6    (c) Sentence.
7    Gambling is a Class A misdemeanor. A second or subsequent
8conviction under subsections (a)(3) through (a)(12), is a Class
94 felony.
10    (d) Circumstantial evidence.
11    In prosecutions under this Section circumstantial evidence
12shall have the same validity and weight as in any criminal
13prosecution.
14(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
1596-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
 
16    (720 ILCS 5/28-1.1)   (from Ch. 38, par. 28-1.1)
17    Sec. 28-1.1. Syndicated gambling.
18    (a) Declaration of Purpose. Recognizing the close
19relationship between professional gambling and other organized
20crime, it is declared to be the policy of the legislature to
21restrain persons from engaging in the business of gambling for
22profit in this State. This Section shall be liberally construed
23and administered with a view to carrying out this policy.
24    (b) A person commits syndicated gambling when he or she
25operates a "policy game" or engages in the business of

 

 

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1bookmaking.
2    (c) A person "operates a policy game" when he or she
3knowingly uses any premises or property for the purpose of
4receiving or knowingly does receive from what is commonly
5called "policy":
6        (1) money from a person other than the bettor or player
7    whose bets or plays are represented by the money; or
8        (2) written "policy game" records, made or used over
9    any period of time, from a person other than the bettor or
10    player whose bets or plays are represented by the written
11    record.
12    (d) A person engages in bookmaking when he or she knowingly
13receives or accepts more than five bets or wagers upon the
14result of any trials or contests of skill, speed or power of
15endurance or upon any lot, chance, casualty, unknown or
16contingent event whatsoever, which bets or wagers shall be of
17such size that the total of the amounts of money paid or
18promised to be paid to the bookmaker on account thereof shall
19exceed $2,000. Bookmaking is the receiving or accepting of bets
20or wagers regardless of the form or manner in which the
21bookmaker records them.
22    (e) Participants in any of the following activities shall
23not be convicted of syndicated gambling:
24        (1) Agreements to compensate for loss caused by the
25    happening of chance including without limitation contracts
26    of indemnity or guaranty and life or health or accident

 

 

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1    insurance;
2        (2) Offers of prizes, award or compensation to the
3    actual contestants in any bona fide contest for the
4    determination of skill, speed, strength or endurance or to
5    the owners of animals or vehicles entered in the contest;
6        (3) Pari-mutuel betting as authorized by law of this
7    State;
8        (4) Manufacture of gambling devices, including the
9    acquisition of essential parts therefor and the assembly
10    thereof, for transportation in interstate or foreign
11    commerce to any place outside this State when the
12    transportation is not prohibited by any applicable Federal
13    law;
14        (5) Raffles and poker runs when conducted in accordance
15    with the Raffles and Poker Runs Act;
16        (6) Gambling games conducted on riverboats when
17    authorized by the Riverboat Gambling Act; and
18        (7) Video gaming terminal games at a licensed
19    establishment, licensed truck stop establishment, licensed
20    fraternal establishment, or licensed veterans
21    establishment when conducted in accordance with the Video
22    Gaming Act.
23    (f) Sentence. Syndicated gambling is a Class 3 felony.
24(Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.