State of Illinois
91st General Assembly

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 1        AN ACT to amend the Riverboat Gambling Act.

 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 the title of the Act and changing Sections 3, 4,  5,
 6    6, 7, 11, 12, and 18 as follows:

 7        (230 ILCS 10/Act title)
 8        An   Act  to  authorize  certain  forms  of  gambling  on
 9    excursion gambling boats.
10    (Source: P.A. 86-1029.)

11        (230 ILCS 10/3) (from Ch. 120, par. 2403)
12        Sec. 3.  Riverboat Gambling Authorized.
13        (a)  Riverboat gambling  operations  and  the  system  of
14    wagering  incorporated  therein,  as defined in this Act, are
15    hereby authorized to the extent that they are carried out  in
16    accordance with the provisions of this Act.
17        (b)  This Act does not apply to the pari-mutuel system of
18    wagering  used  or intended to be used in connection with the
19    horse-race meetings as authorized under  the  Illinois  Horse
20    Racing  Act  of  1975,  lottery  games  authorized  under the
21    Illinois  Lottery  Law,  bingo  authorized  under  the  Bingo
22    License and Tax Act, charitable games  authorized  under  the
23    Charitable  Games  Act  or  pull tabs and jar games conducted
24    under the Illinois Pull Tabs and Jar Games Act.
25        (c)  Riverboat gambling conducted pursuant  to  this  Act
26    may  be authorized upon any water navigable stream within the
27    State of Illinois or any water navigable  stream  other  than
28    Lake  Michigan  which  constitutes a boundary of the State of
29    Illinois.  A  licensee   may   conduct   riverboat   gambling
30    authorized  under  this Act regardless of whether it conducts
                            -2-                LRB9105191LDmb
 1    excursion cruises.   A  license  may  permit  the  continuous
 2    ingress  and egress of passengers; however, this Act does not
 3    authorize  riverboat  gambling  within  a  county  having   a
 4    population  in  excess  of  3,000,000,  and this Act does not
 5    authorize riverboats conducting gambling under  this  Act  to
 6    dock  at  any  location  in  a  county having a population in
 7    excess of 3,000,000.
 8    (Source: P.A. 86-1029.)

 9        (230 ILCS 10/4) (from Ch. 120, par. 2404)
10        Sec. 4.  Definitions. As used in this Act:
11        (a)  "Board" means the Illinois Gaming Board.
12        (b)  "Occupational license" means a license issued by the
13    Board to a person or entity to perform  an  occupation  which
14    the  Board has identified as requiring a license to engage in
15    riverboat gambling in Illinois.
16        (c)  "Gambling game" includes, but  is  not  limited  to,
17    baccarat,  twenty-one, poker, craps, slot machine, video game
18    of chance, roulette wheel, klondike table,  punchboard,  faro
19    layout,  keno  layout, numbers ticket, push card, jar ticket,
20    or pull tab which is authorized by the Board  as  a  wagering
21    device under this Act.
22        (d)  "Riverboat" means a self-propelled excursion boat or
23    a  permanently  moored  barge  on  which  lawful  gambling is
24    authorized and licensed as provided in this Act.
25        (e)  (Blank). "Gambling excursion" means the time  during
26    which gambling games may be operated on a riverboat.
27        (f)  "Dock"  means  the  location  where  a  an excursion
28    riverboat moors for the purpose of embarking  passengers  for
29    and  disembarking  passengers  from  the riverboat a gambling
30    excursion.
31        (g)  "Gross receipts" means the  total  amount  of  money
32    exchanged  for  the  purchase  of chips, tokens or electronic
33    cards by riverboat patrons.
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 1        (h)  "Adjusted gross receipts" means the  gross  receipts
 2    less winnings paid to wagerers.
 3        (i)  "Cheat"  means  to  alter  the selection of criteria
 4    which determine the result of a gambling game or  the  amount
 5    or frequency of payment in a gambling game.
 6        (j)  "Department" means the Department of Revenue.
 7        (k)  "Gambling operation" means the conduct of authorized
 8    gambling games upon a riverboat.
 9    (Source: P.A. 86-1029; 86-1389; 87-826.)

10        (230 ILCS 10/5) (from Ch. 120, par. 2405)
11        Sec. 5.  Gaming Board.
12        (a)  (1)  There   is   hereby   established   within  the
13    Department of Revenue an Illinois Gaming  Board  which  shall
14    have  the  powers  and  duties specified in this Act, and all
15    other powers necessary and proper to  fully  and  effectively
16    execute   this   Act   for   the  purpose  of  administering,
17    regulating, and enforcing the system  of  riverboat  gambling
18    established  by this Act. Its jurisdiction shall extend under
19    this  Act  to   every   person,   association,   corporation,
20    partnership   and   trust   involved  in  riverboat  gambling
21    operations in the State of Illinois.
22        (2)  The Board shall consist of 5 members to be appointed
23    by the Governor with the advice and consent  of  the  Senate,
24    one  of  whom  shall  be  designated  by  the  Governor to be
25    chairman.  Each member shall have a reasonable  knowledge  of
26    the   practice,   procedure   and   principles   of  gambling
27    operations.  Each  member  shall  either  be  a  resident  of
28    Illinois or shall certify that he will become a  resident  of
29    Illinois  before  taking office. At least one member shall be
30    experienced in law enforcement and criminal investigation, at
31    least one member  shall  be  a  certified  public  accountant
32    experienced  in  accounting  and  auditing,  and at least one
33    member  shall  be  a  lawyer  licensed  to  practice  law  in
                            -4-                LRB9105191LDmb
 1    Illinois.
 2        (3)  The terms of office of the Board members shall be  3
 3    years,  except  that the terms of office of the initial Board
 4    members appointed pursuant to this Act will commence from the
 5    effective date of this Act and run  as  follows:  one  for  a
 6    term  ending  July 1, 1991, 2 for a term ending July 1, 1992,
 7    and 2 for a term ending July 1, 1993.  Upon the expiration of
 8    the foregoing terms, the successors  of  such  members  shall
 9    serve  a  term  for  3  years  and until their successors are
10    appointed and qualified for  like  terms.  Vacancies  in  the
11    Board  shall  be filled for the unexpired term in like manner
12    as original appointments.  Each member of the Board shall  be
13    eligible  for reappointment at the discretion of the Governor
14    with the advice and consent of the Senate.
15        (4)  Each member of the Board shall receive $300 for each
16    day the Board meets and for each day the member conducts  any
17    hearing pursuant to this Act.  Each member of the Board shall
18    also  be reimbursed for all actual and necessary expenses and
19    disbursements incurred in the execution of official duties.
20        (5)  No person shall be appointed a member of  the  Board
21    or  continue  to  be  a  member of the Board who is, or whose
22    spouse, child  or  parent  is,  a  member  of  the  board  of
23    directors  of,  or  a  person  financially interested in, any
24    gambling operation subject to the jurisdiction of this Board,
25    or any race track, race meeting, racing  association  or  the
26    operations   thereof  subject  to  the  jurisdiction  of  the
27    Illinois Racing Board.  No Board member shall hold any  other
28    public  office  for which he shall receive compensation other
29    than necessary  travel  or  other  incidental  expenses.   No
30    person  shall  be  a  member  of the Board who is not of good
31    moral character or who has been convicted  of,  or  is  under
32    indictment  for,  a  felony under the laws of Illinois or any
33    other state, or the United States.
34        (6)  Any member of  the  Board  may  be  removed  by  the
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 1    Governor  for  neglect  of duty, misfeasance, malfeasance, or
 2    nonfeasance in office.
 3        (7)  Before entering upon the discharge of the duties  of
 4    his  office, each member of the Board shall take an oath that
 5    he will faithfully execute the duties of his office according
 6    to the laws of  the  State  and  the  rules  and  regulations
 7    adopted  therewith  and  shall  give  bond  to  the  State of
 8    Illinois, approved by the Governor, in the  sum  of  $25,000.
 9    Every  such  bond,  when duly executed and approved, shall be
10    recorded in the office of the Secretary of  State.   Whenever
11    the  Governor  determines  that the bond of any member of the
12    Board  has  become  or  is  likely  to  become   invalid   or
13    insufficient, he shall require such member forthwith to renew
14    his  bond,  which  is  to  be  approved by the Governor.  Any
15    member of the Board who fails to  take  oath  and  give  bond
16    within 30 days from the date of his appointment, or who fails
17    to  renew his bond within 30 days after it is demanded by the
18    Governor, shall be guilty of  neglect  of  duty  and  may  be
19    removed  by  the Governor.  The cost of any bond given by any
20    member of the Board under this Section shall be taken to be a
21    part of the necessary expenses of the Board.
22        (8)  Upon the request of the Board, the Department  shall
23    employ  such  personnel  as may be necessary to carry out the
24    functions of the Board.  No person shall be employed to serve
25    the Board who is, or whose spouse, parent  or  child  is,  an
26    official  of,  or  has  a  financial interest in or financial
27    relation with, any operator engaged  in  gambling  operations
28    within  this  State or any organization engaged in conducting
29    horse racing within this State.  Any employee violating these
30    prohibitions shall be subject to termination of employment.
31        (9)  An Administrator shall perform any  and  all  duties
32    that   the  Board  shall  assign  him.   The  salary  of  the
33    Administrator shall be determined by the Board  and  approved
34    by  the Director of the Department and, in addition, he shall
                            -6-                LRB9105191LDmb
 1    be reimbursed for all actual and necessary expenses  incurred
 2    by   him   in   discharge   of   his  official  duties.   The
 3    Administrator shall keep records of all  proceedings  of  the
 4    Board  and  shall  preserve all records, books, documents and
 5    other papers belonging to the Board or entrusted to its care.
 6    The Administrator shall devote his full time to the duties of
 7    the office and shall not hold any other office or employment.
 8        (b)  The Board shall have general responsibility for  the
 9    implementation  of  this  Act.   Its  duties include, without
10    limitation, the following:
11             (1)  To decide promptly and in reasonable order  all
12        license applications. Any party aggrieved by an action of
13        the  Board  denying, suspending, revoking, restricting or
14        refusing to renew a license may request a hearing  before
15        the  Board.   A request for a hearing must be made to the
16        Board in writing within 5 days after service of notice of
17        the action of the Board.  Notice of  the  action  of  the
18        Board  shall  be served either by personal delivery or by
19        certified mail, postage prepaid, to the aggrieved party.
20        Notice served by certified mail shall be deemed  complete
21        on  the  business day following the date of such mailing.
22        The Board shall conduct all requested  hearings  promptly
23        and in reasonable order;
24             (2)  To  conduct  all  hearings  pertaining to civil
25        violations  of  this  Act  or   rules   and   regulations
26        promulgated hereunder;
27             (3)  To  promulgate such rules and regulations as in
28        its judgment may be necessary to protect or  enhance  the
29        credibility   and   integrity   of   gambling  operations
30        authorized  by  this  Act  and  the  regulatory   process
31        hereunder;
32             (4)  To provide for the establishment and collection
33        of all license and registration fees and taxes imposed by
34        this  Act  and  the rules and regulations issued pursuant
                            -7-                LRB9105191LDmb
 1        hereto.  All such fees and taxes shall be deposited  into
 2        the State Gaming Fund;
 3             (5)  To  provide  for  the  levy  and  collection of
 4        penalties and fines for the violation  of  provisions  of
 5        this  Act  and  the  rules  and  regulations  promulgated
 6        hereunder.    All  such  fines  and  penalties  shall  be
 7        deposited into the Education Assistance Fund, created  by
 8        Public Act 86-0018, of the State of Illinois;
 9             (6)  To be present through its inspectors and agents
10        any   time  gambling  operations  are  conducted  on  any
11        riverboat for  the  purpose  of  certifying  the  revenue
12        thereof,   receiving  complaints  from  the  public,  and
13        conducting such other investigations into the conduct  of
14        the  gambling  games and the maintenance of the equipment
15        as from time to time the Board  may  deem  necessary  and
16        proper;
17             (7)  To  review  and  rule  upon  any complaint by a
18        licensee regarding any investigative  procedures  of  the
19        State  which  are  unnecessarily  disruptive  of gambling
20        operations.  The need to inspect and investigate shall be
21        presumed at all times.  The disruption  of  a  licensee's
22        operations  shall  be  proved  by  clear  and  convincing
23        evidence,  and establish that:  (A) the procedures had no
24        reasonable  law  enforcement  purposes,   and   (B)   the
25        procedures  were so disruptive as to unreasonably inhibit
26        gambling operations;
27             (8)  To hold at least one meeting  each  quarter  of
28        the  fiscal  year.   In addition, special meetings may be
29        called by the Chairman or any 2  Board  members  upon  72
30        hours  written notice to each member.  All Board meetings
31        shall be subject to the Open Meetings Act. Three  members
32        of the Board shall constitute a quorum, and 3 votes shall
33        be  required  for  any  final determination by the Board.
34        The Board shall keep a complete and  accurate  record  of
                            -8-                LRB9105191LDmb
 1        all  its meetings. A majority of the members of the Board
 2        shall constitute a quorum  for  the  transaction  of  any
 3        business,  for  the  performance  of any duty, or for the
 4        exercise of any power which this Act requires  the  Board
 5        members  to transact, perform or exercise en banc, except
 6        that, upon order of the Board, one of the  Board  members
 7        or  an  administrative  law judge designated by the Board
 8        may conduct any hearing provided for under this Act or by
 9        Board rule and may recommend findings  and  decisions  to
10        the  Board.  The Board member or administrative law judge
11        conducting such hearing shall have all powers and  rights
12        granted  to the Board in this Act. The record made at the
13        time of the hearing shall be reviewed by the Board, or  a
14        majority  thereof,  and  the findings and decision of the
15        majority of the Board shall constitute the order  of  the
16        Board in such case;
17             (9)  To  maintain  records  which  are  separate and
18        distinct from the records of any  other  State  board  or
19        commission.   Such  records shall be available for public
20        inspection  and  shall  accurately  reflect   all   Board
21        proceedings;
22             (10)  To  file  a  written  annual  report  with the
23        Governor  on  or  before  March  1  each  year  and  such
24        additional reports  as  the  Governor  may  request.  The
25        annual  report  shall include a statement of receipts and
26        disbursements by the Board, actions taken by  the  Board,
27        and  any additional information and recommendations which
28        the Board may deem valuable or  which  the  Governor  may
29        request;
30             (11)  (Blank) To review the patterns of wagering and
31        wins   and   losses  by  persons  on  riverboat  gambling
32        operations under this Act, and make recommendation to the
33        Governor and the General Assembly, by January  31,  1992,
34        as to whether limits on wagering losses should be imposed
                            -9-                LRB9105191LDmb
 1        ; and
 2             (12)  To     assume     responsibility    for    the
 3        administration and enforcement of the Bingo  License  and
 4        Tax  Act, the Charitable Games Act, and the Pull Tabs and
 5        Jar Games Act if such responsibility is delegated  to  it
 6        by the Director of Revenue.
 7        (c)  The  Board  shall  have  jurisdiction over and shall
 8    supervise all gambling operations governed by this Act.   The
 9    Board shall have all powers necessary and proper to fully and
10    effectively  execute  the  provisions of this Act, including,
11    but not limited to, the following:
12             (1)  To investigate  applicants  and  determine  the
13        eligibility  of  applicants  for  licenses  and to select
14        among competing  applicants  the  applicants  which  best
15        serve the interests of the citizens of Illinois.
16             (2)  To  have  jurisdiction and supervision over all
17        riverboat gambling  operations  in  this  State  and  all
18        persons  on  riverboats  where  gambling  operations  are
19        conducted.
20             (3)  To  promulgate  rules  and  regulations for the
21        purpose of administering the provisions of this  Act  and
22        to  prescribe  rules,  regulations  and  conditions under
23        which all  riverboat  gambling  in  the  State  shall  be
24        conducted.  Such rules and regulations are to provide for
25        the  prevention  of  practices  detrimental to the public
26        interest  and  for  the  best  interests   of   riverboat
27        gambling,  including  rules and regulations regarding the
28        inspection of such  riverboats  and  the  review  of  any
29        permits  or  licenses  necessary  to  operate a riverboat
30        under any laws or regulations applicable  to  riverboats,
31        and to impose penalties for violations thereof.
32             (4)  To enter the office, riverboats, facilities, or
33        other places of business of a licensee, where evidence of
34        the  compliance  or  noncompliance with the provisions of
                            -10-               LRB9105191LDmb
 1        this Act is likely to be found.
 2             (5)  To investigate alleged violations of  this  Act
 3        or  the  rules  of  the  Board  and  to  take appropriate
 4        disciplinary action against a licensee or a holder of  an
 5        occupational   license  for  a  violation,  or  institute
 6        appropriate legal action for enforcement, or both.
 7             (6)  To adopt standards for  the  licensing  of  all
 8        persons  under  this  Act,  as  well as for electronic or
 9        mechanical gambling games, and to establish fees for such
10        licenses.
11             (7)  To  adopt   appropriate   standards   for   all
12        riverboats and facilities.
13             (8)  To   require   that   the   records,  including
14        financial or other statements of any licensee under  this
15        Act,  shall  be  kept in such manner as prescribed by the
16        Board  and  that  any  such  licensee  involved  in   the
17        ownership  or management of gambling operations submit to
18        the Board an annual balance sheet  and  profit  and  loss
19        statement,  list  of  the  stockholders  or other persons
20        having  a  1%  or  greater  beneficial  interest  in  the
21        gambling activities of  each  licensee,   and  any  other
22        information   the  Board  deems  necessary  in  order  to
23        effectively  administer   this   Act   and   all   rules,
24        regulations, orders and final decisions promulgated under
25        this Act.
26             (9)  To  conduct  hearings,  issue subpoenas for the
27        attendance of witnesses and subpoenas duces tecum for the
28        production  of  books,  records   and   other   pertinent
29        documents  in accordance with the Illinois Administrative
30        Procedure Act, and to administer oaths  and  affirmations
31        to  the witnesses, when, in the judgment of the Board, it
32        is necessary to administer or enforce  this  Act  or  the
33        Board rules.
34             (10)  To prescribe a form to be used by any licensee
                            -11-               LRB9105191LDmb
 1        involved  in  the  ownership  or  management  of gambling
 2        operations as an application  for  employment  for  their
 3        employees.
 4             (11)  To  revoke  or  suspend licenses, as the Board
 5        may see fit and in compliance with applicable laws of the
 6        State regarding administrative procedures, and to  review
 7        applications  for the renewal of licenses.  The Board may
 8        suspend an owners license, without notice or hearing upon
 9        a determination that the safety or health of  patrons  or
10        employees  is  jeopardized  by  continuing  a riverboat's
11        operation.  The suspension may remain in effect until the
12        Board determines that the cause for suspension  has  been
13        abated.   The  Board may revoke the owners license upon a
14        determination that the owner has  not  made  satisfactory
15        progress toward abating the hazard.
16             (12)  To  eject or exclude or authorize the ejection
17        or exclusion  of,  any  person  from  riverboat  gambling
18        facilities where such person is in violation of this Act,
19        rules  and regulations thereunder, or final orders of the
20        Board, or where such person's conduct  or  reputation  is
21        such  that  his  presence  within  the riverboat gambling
22        facilities may, in the opinion of the  Board,  call  into
23        question  the  honesty  and  integrity  of  the  gambling
24        operations  or  interfere  with  orderly conduct thereof;
25        provided that the propriety of such ejection or exclusion
26        is subject to subsequent hearing by the Board.
27             (13)  To   require   all   licensees   of   gambling
28        operations to utilize a cashless wagering system  whereby
29        all  players'  money  is  converted to tokens, electronic
30        cards, or chips which shall be used only for wagering  in
31        the gambling establishment.
32             (14)  (Blank).   To   authorize   the  routes  of  a
33        riverboat and the stops which a riverboat may make.
34             (15)  To suspend, revoke or  restrict  licenses,  to
                            -12-               LRB9105191LDmb
 1        require  the  removal  of  a licensee or an employee of a
 2        licensee for a violation of this Act or a Board  rule  or
 3        for  engaging  in  a  fraudulent  practice, and to impose
 4        civil penalties of up to $5,000 against  individuals  and
 5        up  to  $10,000  or  an  amount  equal to the daily gross
 6        receipts, whichever is larger, against licensees for each
 7        violation of any provision of the Act, any rules  adopted
 8        by  the Board, any order of the Board or any other action
 9        which, in the  Board's  discretion,  is  a  detriment  or
10        impediment to riverboat gambling operations.
11             (16)  To   hire  employees  to  gather  information,
12        conduct investigations and  carry  out  any  other  tasks
13        contemplated under this Act.
14             (17)  To establish minimum levels of insurance to be
15        maintained by licensees.
16             (18)  To  authorize  a  licensee  to  sell  or serve
17        alcoholic liquors, wine or beer as defined in the  Liquor
18        Control  Act  of  1934  on  board a riverboat and to have
19        exclusive authority to establish the hours for  sale  and
20        consumption  of  alcoholic  liquor  on board a riverboat,
21        notwithstanding any provision of the Liquor  Control  Act
22        of 1934 or any local ordinance, and regardless of whether
23        the riverboat makes excursions.  The establishment of the
24        hours  for  sale  and  consumption of alcoholic liquor on
25        board a riverboat is an exclusive power and  function  of
26        the  State.  A home rule unit may not establish the hours
27        for sale and consumption of alcoholic liquor on  board  a
28        riverboat.   This  amendatory Act of 1991 is a denial and
29        limitation  of  home  rule  powers  and  functions  under
30        subsection (h)  of  Section  6  of  Article  VII  of  the
31        Illinois Constitution.
32             (19)  After consultation with the U.S. Army Corps of
33        Engineers, to establish binding emergency orders upon the
34        concurrence  of  a  majority  of the members of the Board
                            -13-               LRB9105191LDmb
 1        regarding  the  navigability  of   water,   relative   to
 2        excursions,  rivers  in  the  event  of  extreme  weather
 3        conditions, acts of God or other extreme circumstances.
 4             (20)  To delegate the execution of any of its powers
 5        under  this  Act  for  the  purpose  of administering and
 6        enforcing  this  Act  and  its  rules   and   regulations
 7        hereunder.
 8             (21)  To  take any other action as may be reasonable
 9        or  appropriate  to  enforce  this  Act  and  rules   and
10        regulations hereunder.
11        (d)  The Board may seek and shall receive the cooperation
12    of  the  Department  of State Police in conducting background
13    investigations  of   applicants   and   in   fulfilling   its
14    responsibilities  under  this Section.  Costs incurred by the
15    Department of State Police as a result  of  such  cooperation
16    shall   be   paid  by  the  Board  in  conformance  with  the
17    requirements of subsection 22 of Section  55a  of  The  Civil
18    Administrative Code of Illinois.
19    (Source: P.A. 86-1029; 86-1389; 87-826.)

20        (230 ILCS 10/6) (from Ch. 120, par. 2406)
21        Sec. 6.  Application for Owners License.
22        (a)  A  qualified  person  may  apply to the Board for an
23    owners license to conduct a riverboat gambling  operation  as
24    provided in this Act.  The application shall be made on forms
25    provided  by  the Board and shall contain such information as
26    the Board  prescribes,  including  but  not  limited  to  the
27    identity of the riverboat on which such gambling operation is
28    to  be  conducted and the exact location where such riverboat
29    will be docked, a certification that the  riverboat  will  be
30    registered  under this Act at all times during which gambling
31    operations  are  conducted  on  board,  detailed  information
32    regarding the ownership and management of the applicant,  and
33    detailed   personal   information  regarding  the  applicant.
                            -14-               LRB9105191LDmb
 1    Information provided on the application shall be  used  as  a
 2    basis for a thorough background investigation which the Board
 3    shall  conduct with respect to each applicant.  An incomplete
 4    application shall be cause for denial of  a  license  by  the
 5    Board.
 6        (b)  Applicants  shall  submit with their application all
 7    documents, resolutions,  and  letters  of  support  from  the
 8    governing  body  that  represents  the municipality or county
 9    wherein the licensee will dock.
10        (c)  Each applicant shall disclose the identity of  every
11    person,  association,  trust  or corporation having a greater
12    than  1%  direct  or  indirect  pecuniary  interest  in   the
13    riverboat  gambling  operation  with  respect  to  which  the
14    license  is  sought.  If the disclosed entity is a trust, the
15    application shall disclose the names  and  addresses  of  the
16    beneficiaries;  if  a corporation, the names and addresses of
17    all stockholders and directors; if a partnership,  the  names
18    and addresses of all partners, both general and limited.
19        (d)  An  application  shall  be  filed  with the Board by
20    January 1 of the year preceding any calendar year  for  which
21    an  applicant  seeks an owners license; however, applications
22    for an owners license permitting  operations  on  January  1,
23    1991  shall  be filed by July 1, 1990.  An application fee of
24    $50,000 shall be paid at the time of  filing  to  defray  the
25    costs  associated with the background investigation conducted
26    by the Board.  If  the  costs  of  the  investigation  exceed
27    $50,000, the applicant shall pay the additional amount to the
28    Board.   If  the  costs  of  the  investigation are less than
29    $50,000,  the  applicant  shall  receive  a  refund  of   the
30    remaining  amount.   All  information,  records,  interviews,
31    reports,  statements,  memoranda or other data supplied to or
32    used  by  the  Board  in  the  course  of   its   review   or
33    investigation  of an application for a license under this Act
34    shall be privileged, strictly confidential and shall be  used
                            -15-               LRB9105191LDmb
 1    only  for  the  purpose  of  evaluating  an  applicant.  Such
 2    information,  records,   interviews,   reports,   statements,
 3    memoranda  or other data shall not be admissible as evidence,
 4    nor discoverable in any action of any kind in  any  court  or
 5    before  any tribunal, board, agency or person, except for any
 6    action deemed necessary by the Board.
 7        (e)  The Board shall charge each applicant a fee  set  by
 8    the Department of State Police to defray the costs associated
 9    with  the  search and classification of fingerprints obtained
10    by the Board with respect  to  the  applicant's  application.
11    These fees shall be paid into the State Police Services Fund.
12        (f)  The  licensed  owner  shall  be the person primarily
13    responsible for the boat itself.  Only one riverboat gambling
14    operation may be authorized by the Board  on  any  riverboat.
15    The  applicant must identify each riverboat it intends to use
16    and certify  that  the  riverboat:  (1)  has  the  authorized
17    capacity  required in this Act; (2) is accessible to disabled
18    persons; and (3) is  either  a  replica  of  a  19th  century
19    Illinois riverboat or of a casino cruise ship design; and (4)
20      is  fully  registered  and  licensed in accordance with any
21    applicable laws.
22        (g)  A person who knowingly makes a false statement on an
23    application is guilty of a Class A misdemeanor.
24    (Source: P.A. 86-1029; 86-1389.)

25        (230 ILCS 10/7) (from Ch. 120, par. 2407)
26        Sec. 7.  Owners Licenses.
27        (a)  The Board shall issue owners  licenses  to  persons,
28    firms  or  corporations  which  apply  for such licenses upon
29    payment to the Board of the non-refundable license fee set by
30    the Board, upon payment of a  $25,000  license  fee  for  the
31    first  year  of  operation  and a $5,000 license fee for each
32    succeeding year and upon a determination by  the  Board  that
33    the  applicant is eligible for an owners  license pursuant to
                            -16-               LRB9105191LDmb
 1    this Act and the rules of  the  Board.   A  person,  firm  or
 2    corporation is ineligible to receive an owners license if:
 3             (1)  the person has been convicted of a felony under
 4        the  laws  of  this State, any other state, or the United
 5        States;
 6             (2)  the person has been convicted of any  violation
 7        of   Article   28  of  the  Criminal  Code  of  1961,  or
 8        substantially similar laws of any other jurisdiction;
 9             (3)  the person has submitted an application  for  a
10        license under this Act which contains false information;
11             (4)  the person is a member of the Board;
12             (5)  a  person defined in (1), (2), (3) or (4) is an
13        officer, director or managerial employee of the  firm  or
14        corporation;
15             (6)  the   firm  or  corporation  employs  a  person
16        defined in (1), (2), (3) or (4) who participates  in  the
17        management or operation of gambling operations authorized
18        under this Act;
19             (7)  (blank)  the  person, firm or corporation  owns
20        more than a 10% ownership interest in any entity  holding
21        an owners license issued under this Act; or
22             (8)  a  license  of  the person, firm or corporation
23        issued under this Act, or a license  to  own  or  operate
24        gambling  facilities  in any other jurisdiction, has been
25        revoked.
26        (b)  In determining whether to grant an owners license to
27    an applicant, the Board shall consider:
28             (1)  the  character,  reputation,  experience    and
29        financial integrity of the applicants and of any other or
30        separate person that either:
31                  (A)  controls,  directly  or  indirectly,  such
32             applicant, or
33                  (B)  is  controlled, directly or indirectly, by
34             such  applicant  or  by  a  person  which  controls,
                            -17-               LRB9105191LDmb
 1             directly or indirectly, such applicant;
 2             (2)  the facilities or proposed facilities  for  the
 3        conduct of riverboat gambling;
 4             (3)  the  highest  prospective  total  revenue to be
 5        derived by  the  State  from  the  conduct  of  riverboat
 6        gambling;
 7             (4)  the  good faith affirmative action plan of each
 8        applicant to recruit, train and upgrade minorities in all
 9        employment classifications;
10             (5)  the  financial  ability  of  the  applicant  to
11        purchase and maintain  adequate  liability  and  casualty
12        insurance;
13             (6)  whether     the    applicant    has    adequate
14        capitalization to provide and maintain, for the  duration
15        of a license, a riverboat; and
16             (7)  the  extent  to  which the applicant exceeds or
17        meets other standards  for  the  issuance  of  an  owners
18        license which the Board may adopt by rule.
19        (c)  Each  owners  license  shall specify the place where
20    riverboats shall operate and dock.
21        (d)  Each applicant shall submit with his application, on
22    forms provided by the Board, 2 sets of his fingerprints.
23        (e)  The Board may issue up to  10  licenses  authorizing
24    the  holders  of  such  licenses  to  own riverboats.  In the
25    application for an owners license, the applicant shall  state
26    the  dock  at  which  the  riverboat  is  based and the water
27    navigable stream on  which  the  riverboat  will  be  located
28    operate. The Board shall issue 5 licenses to become effective
29    not  earlier  than  January  1,  1991.  Four of such licenses
30    shall authorize riverboat gambling on the Mississippi  River,
31    one  of  which shall authorize riverboat gambling from a home
32    dock in the city of East St. Louis. The other  license  shall
33    authorize  riverboat  gambling on the Illinois River south of
34    Marshall County. The Board shall issue 1  additional  license
                            -18-               LRB9105191LDmb
 1    to  become  effective  not  earlier than March 1, 1992, which
 2    shall authorize riverboat gambling on the Des  Plaines  River
 3    in  Will County. The Board may issue 4 additional licenses to
 4    become  effective  not  earlier  than  March  1,   1992.   In
 5    determining the water navigable streams upon which riverboats
 6    will  operate  with  licenses  effective on or after March 1,
 7    1992, the Board shall consider  the  economic  benefit  which
 8    riverboat  gambling  confers  on the State, and shall seek to
 9    assure that all regions of the State share  in  the  economic
10    benefits of riverboat gambling.
11        In  granting  all  licenses, the Board may give favorable
12    consideration to economically depressed areas of  the  State,
13    to  applicants presenting plans which provide for significant
14    economic development over a large  geographic  area,  and  to
15    applicants  who  currently operate non-gambling riverboats in
16    Illinois.  The Board shall review all applications for owners
17    licenses, and shall inform  each  applicant  of  the  Board's
18    decision.
19        The  Board  may  revoke  the owners license of a licensee
20    which fails to begin conducting  gambling  regular  riverboat
21    cruises  within  15  12  months  of  receipt  of  the Board's
22    approval of the application  if  the  Board  determines  that
23    license revocation is in the best interests of the State.
24        (f)  The  first  10 owners licenses issued under this Act
25    shall permit the  holder  to  own  up  to  2  riverboats  and
26    equipment thereon for a period of 3 years after the effective
27    date  of the license. Holders of the first 10 owners licenses
28    must pay the annual license fee  for  each  of  the  3  years
29    during which they are authorized to own riverboats.
30        (g)  Upon  the  termination, expiration, or revocation of
31    each of the first 10 licenses, which shall be issued for a  3
32    year period, all licenses are renewable annually upon payment
33    of the fee and a determination by the Board that the licensee
34    continues to meet all of the requirements of this Act and the
                            -19-               LRB9105191LDmb
 1    Board's rules.  However, for licenses renewed on or after May
 2    1, 1999, renewal shall be for a period of 4 years, unless the
 3    Board sets a shorter period.
 4        (h)  An  owners license shall entitle the licensee to own
 5    up to 2 riverboats.  A licensee shall  limit  the  number  of
 6    gambling participants to 1,200 for any such owners license. A
 7    licensee  may  operate  both  of its riverboats concurrently,
 8    provided that the total number of  gambling  participants  on
 9    both riverboats does not exceed 1,200. Riverboats licensed to
10    operate on the Mississippi River and the Illinois River south
11    of  Marshall  County  shall have an authorized capacity of at
12    least 500 persons.  Any other riverboat licensed  under  this
13    Act  shall  have  an  authorized  capacity  of  at  least 400
14    persons.
15        (i)  A licensed owner is authorized to apply to the Board
16    for and, if approved therefor, to receive all  licenses  from
17    the  Board  necessary  for  the  operation  of  a  riverboat,
18    including  a  liquor  license, a license to prepare and serve
19    food for human consumption,  and  other  necessary  licenses.
20    All  use, occupation and excise taxes which apply to the sale
21    of food and beverages in this State and all taxes imposed  on
22    the  sale  or use of tangible personal property apply to such
23    sales aboard the riverboat.
24        (j)  None of the first 5 licenses issued by the Board  to
25    become  effective  not  earlier  than  January  1, 1991 shall
26    authorize a riverboat  to  dock  in  a  municipality  with  a
27    population of under 2,000; however, this restriction does not
28    apply  to  any  additional  licenses  issued  by the Board to
29    become effective not earlier than March 1, 1992.   The  Board
30    may  issue  a  license  authorizing  a riverboat to dock in a
31    municipality or approve a relocation under Section 11.2  only
32    if,  prior  to  the  issuance of the license or approval, the
33    governing body of the municipality  in  which  the  riverboat
34    will  dock  has  by  a  majority vote approved the docking of
                            -20-               LRB9105191LDmb
 1    riverboats in  the  municipality.   The  Board  may  issue  a
 2    license  authorizing a riverboat to dock in areas of a county
 3    outside  any  municipality  or  approve  a  relocation  under
 4    Section 11.2 only if, prior to the issuance of the license or
 5    approval, the governing body of the county has by a  majority
 6    vote approved of the docking of riverboats within such areas.
 7    Nothing  in  this  Act  shall prevent an owners licensee that
 8    moves its home dock location pursuant to  Section  11.2  from
 9    entering into an intergovernmental agreement with the unit of
10    local  government  that was the licensee's original home dock
11    location and  the  unit  of  local  government  that  is  the
12    licensee's home dock location after the relocation.
13        (k)  Nothing in this Act shall be interpreted to prohibit
14    a  licensed owner from operating a school for the training of
15    any occupational licensee.
16    (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)

17        (230 ILCS 10/11) (from Ch. 120, par. 2411)
18        Sec. 11.  Conduct of gambling.
19        (a)  Gambling may be conducted by licensed owners  aboard
20    riverboats, subject to the following standards:
21             (1)  (Blank).  No  gambling may be conducted while a
22        riverboat is docked.
23             (2)  (Blank). Riverboat cruises  may  not  exceed  4
24        hours  for  a  round  trip,  with  the  exception  of any
25        extended  cruises,  each  of  which  shall  be  expressly
26        approved by the Board.
27             (3)  Minimum and maximum wagers on  games  shall  be
28        set by the licensee.
29             (4)  Agents of the Board and the Department of State
30        Police  may  board  and inspect any riverboat at any time
31        for the purpose of determining whether this Act is  being
32        complied  with.   Every riverboat, if under way and being
33        hailed by a law  enforcement  officer  or  agent  of  the
                            -21-               LRB9105191LDmb
 1        Board, must stop immediately and lay to.
 2             (5)  Employees  of the Board shall have the right to
 3        be present on the riverboat  or  on  adjacent  facilities
 4        under the control of the licensee.
 5             (6)  Gambling  equipment  and  supplies  customarily
 6        used  in  conducting riverboat gambling must be purchased
 7        or leased only from suppliers licensed for  such  purpose
 8        under this Act.
 9             (7)  Persons licensed under this Act shall permit no
10        form of wagering on gambling games except as permitted by
11        this Act.
12             (8)  Wagers  may  be  received  only  from  a person
13        present on a licensed riverboat.  No person present on  a
14        licensed  riverboat  shall  place  or  attempt to place a
15        wager on behalf of another person who is not  present  on
16        the riverboat.
17             (9)  Wagering  shall  not be conducted with money or
18        other negotiable currency.
19             (10)  A person under age 21 shall not  be  permitted
20        on  an  area  of  a  riverboat  where  gambling  is being
21        conducted, except for a person at least 18 years  of  age
22        who  is  an employee of the riverboat gambling operation.
23        No employee under  age  21  shall  perform  any  function
24        involved  in gambling by the patrons. No person under age
25        21 shall be permitted to make a wager under this Act.
26             (11)  Gambling excursion cruises are permitted  only
27        when   the   waterway  navigable  stream  for  which  the
28        riverboat is licensed is navigable, as determined by  the
29        Board  in  consultation  with  the  U.S.  Army  Corps  of
30        Engineers. This paragraph (11) does not limit the ability
31        of  a  licensee to conduct gambling authorized under this
32        Act when gambling excursion cruises are not permitted.
33             (12)  All tokens, chips or electronic cards used  to
34        make  wagers  must  be  purchased  from  a licensed owner
                            -22-               LRB9105191LDmb
 1        either aboard a riverboat or at an onshore facility which
 2        has been approved by the Board and which is located where
 3        the riverboat docks.  The  tokens,  chips  or  electronic
 4        cards  may  be  purchased  by means of an agreement under
 5        which the owner  extends  credit  to  the  patron.   Such
 6        tokens,  chips  or  electronic  cards  may  be used while
 7        aboard the riverboat  only  for  the  purpose  of  making
 8        wagers on gambling games.
 9             (13)  Notwithstanding any other Section of this Act,
10        in  addition  to the other licenses authorized under this
11        Act, the Board may issue special event licenses  allowing
12        persons   who  are  not  otherwise  licensed  to  conduct
13        riverboat  gambling  to  conduct  such  gambling   on   a
14        specified  date  or  series of dates.  Riverboat gambling
15        under such a license may take place on  a  riverboat  not
16        normally  used  for  riverboat gambling.  The Board shall
17        establish standards, fees and fines for, and  limitations
18        upon, such licenses, which may differ from the standards,
19        fees,  fines  and  limitations otherwise applicable under
20        this Act.  All such fees  shall  be  deposited  into  the
21        State  Gaming  Fund.   All  such fines shall be deposited
22        into the Education Assistance Fund, created by Public Act
23        86-0018, of the State of Illinois.
24             (14)  In addition to the  above,  gambling  must  be
25        conducted  in  accordance  with  all rules adopted by the
26        Board.
27    (Source: P.A. 86-1029; 86-1389; 87-826.)

28        (230 ILCS 10/11.2 new)
29        Sec. 11.2. Relocation of riverboat home dock. A  licensee
30    that was not conducting riverboat gambling on January 1, 1998
31    may apply to the Board for renewal and approval of relocation
32    to a new home dock location authorized under Section 3(c) and
33    the  Board  shall  grant  the  application  and approval upon
                            -23-               LRB9105191LDmb
 1    receipt by the licensee of approval from the new municipality
 2    or county, as the case may be, in which the  licensee  wishes
 3    to relocate pursuant to Section 7(j).

 4        (230 ILCS 10/12) (from Ch. 120, par. 2412)
 5        Sec. 12. Admission tax; fees.
 6        (a)  A  tax is hereby imposed upon admissions to gambling
 7    excursions authorized pursuant to this Act at a  rate  of  $2
 8    per  person admitted.  This admission tax is imposed upon the
 9    licensed owner conducting the gambling excursion.
10             (1)  If tickets are issued which are good  for  more
11        than  one  gambling excursion, The admission tax shall be
12        paid for each admittance person using the ticket on  each
13        gambling excursion for which the ticket is used.
14             (2)  (Blank).   If   free  passes  or  complimentary
15        admission tickets are issued, the licensee shall pay  the
16        same tax upon these passes or complimentary tickets as if
17        they were sold at the regular and usual admission rate.
18             (3)  The   riverboat  licensee  may  issue  tax-free
19        passes to actual and necessary officials and employees of
20        the licensee or other persons  actually  working  on  the
21        riverboat.
22             (4)  The  number  and issuance of tax-free passes is
23        subject to the rules of the Board,  and  a  list  of  all
24        persons  to  whom the tax-free passes are issued shall be
25        filed with the Board.
26        (b)  From the $2 tax  imposed  under  subsection  (a),  a
27    municipality  shall receive from the State $1 for each person
28    embarking on a riverboat docked within the municipality,  and
29    a  county  shall  receive  $1  for each person embarking on a
30    riverboat docked within the county but outside the boundaries
31    of any municipality. The  municipality's  or  county's  share
32    shall  be  collected  by the Board on behalf of the State and
33    remitted quarterly by the State, subject to appropriation, to
                            -24-               LRB9105191LDmb
 1    the treasurer of the unit of local government for deposit  in
 2    the general fund.
 3        (c)  The  licensed  owner  shall pay the entire admission
 4    tax  to  the  Board.  Such  payments  shall  be  made  daily.
 5    Accompanying each payment shall be a return on forms provided
 6    by the Board which shall include other information  regarding
 7    admissions  as  the  Board  may  require.   Failure to submit
 8    either the payment or the return within  the  specified  time
 9    may result in suspension or revocation of the owners license.
10        (d)  The Board shall administer and collect the admission
11    tax  imposed by this Section, to the extent practicable, in a
12    manner consistent with the provisions of Sections 4,  5,  5a,
13    5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
14    the  Retailers'  Occupation  Tax  Act  and Section 3-7 of the
15    Uniform Penalty and Interest Act.
16    (Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)

17        (230 ILCS 10/18) (from Ch. 120, par. 2418)
18        Sec. 18.  Prohibited Activities - Penalty.
19        (a)  A person is guilty of  a  Class  A  misdemeanor  for
20    doing any of the following:
21             (1)  Conducting Operating a gambling excursion where
22        wagering  is  used or to be used without a license issued
23        by the Board.
24             (2)  Conducting Operating a gambling excursion where
25        wagering is permitted other than in the manner  specified
26        by Section 11.
27        (b)  A  person  is  guilty  of  a Class B misdemeanor for
28    doing any of the following:
29             (1)  permitting a person under 21 years  to  make  a
30        wager; or
31             (2)  violating  paragraph  (12) of subsection (a) of
32        Section 11 of this Act.
33        (c)  A person  wagering  or  accepting  a  wager  at  any
                            -25-               LRB9105191LDmb
 1    location outside the riverboat is subject to the penalties in
 2    paragraphs  (1)  or  (2) of subsection (a) of Section 28-1 of
 3    the Criminal Code of 1961.
 4        (d)  A person commits a Class 4 felony and, in  addition,
 5    shall   be   barred   for  life  from  riverboats  under  the
 6    jurisdiction of the Board, if the  person  does  any  of  the
 7    following:
 8             (1)  Offers, promises, or gives anything of value or
 9        benefit  to  a  person  who is connected with a riverboat
10        owner including,  but  not  limited  to,  an  officer  or
11        employee of a licensed owner or holder of an occupational
12        license  pursuant  to an agreement or arrangement or with
13        the intent that the promise or thing of value or  benefit
14        will  influence  the  actions  of  the person to whom the
15        offer, promise, or gift was made in order  to  affect  or
16        attempt  to  affect the outcome of a gambling game, or to
17        influence official action of a member of the Board.
18             (2)  Solicits or knowingly  accepts  or  receives  a
19        promise  of anything of value or benefit while the person
20        is connected with a riverboat including, but not  limited
21        to, an officer or employee of a licensed owner, or holder
22        of  an occupational license, pursuant to an understanding
23        or arrangement or with the intent  that  the  promise  or
24        thing  of  value or benefit will influence the actions of
25        the person to affect or attempt to affect the outcome  of
26        a  gambling  game,  or  to influence official action of a
27        member of the Board.
28             (3)  Uses or possesses with  the  intent  to  use  a
29        device to assist:
30                  (i)  In projecting the outcome of the game.
31                  (ii)  In keeping track of the cards played.
32                  (iii)  In  analyzing  the  probability  of  the
33             occurrence  of  an  event  relating  to the gambling
34             game.
                            -26-               LRB9105191LDmb
 1                  (iv)  In analyzing the strategy for playing  or
 2             betting  to  be used in the game except as permitted
 3             by the Board.
 4             (4)  Cheats at a gambling game.
 5             (5)  Manufactures, sells, or distributes any  cards,
 6        chips,  dice, game or device which is intended to be used
 7        to violate any provision of this Act.
 8             (6)  Alters  or  misrepresents  the  outcome  of   a
 9        gambling  game  on  which wagers have been made after the
10        outcome is made sure but before it  is  revealed  to  the
11        players.
12             (7)  Places  a  bet  after  acquiring knowledge, not
13        available to all players, of the outcome of the  gambling
14        game  which  is  subject of the bet or to aid a person in
15        acquiring the knowledge for the purpose of placing a  bet
16        contingent on that outcome.
17             (8)  Claims,  collects,  or  takes,  or  attempts to
18        claim, collect, or take, money or anything of value in or
19        from the gambling games, with intent to defraud,  without
20        having  made  a  wager  contingent  on winning a gambling
21        game, or claims, collects, or takes an amount of money or
22        thing of value of greater value than the amount won.
23             (9)  Uses counterfeit chips or tokens in a  gambling
24        game.
25             (10)  Possesses  any  key or device designed for the
26        purpose of opening, entering, or affecting the  operation
27        of  a  gambling  game,  drop  box,  or  an  electronic or
28        mechanical device connected with the gambling game or for
29        removing coins, tokens,  chips or  other  contents  of  a
30        gambling  game.   This paragraph (10) does not apply to a
31        gambling licensee or  employee  of  a  gambling  licensee
32        acting in furtherance of the employee's employment.
33        (e)  The  possession  of  more  than  one  of the devices
34    described in subsection (d),  paragraphs  (3),  (5)  or  (10)
                            -27-               LRB9105191LDmb
 1    permits  a rebuttable presumption that the possessor intended
 2    to use the devices for cheating.
 3        An action to prosecute any crime occurring on a riverboat
 4     during a gambling excursion shall be tried in the county  of
 5    the dock at which the riverboat is based.
 6    (Source: P.A. 86-1029; 87-826.)

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.

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