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91_SB1193
LRB9102964LDmb
1 AN ACT to amend the Riverboat Gambling Act by changing
2 Section 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Riverboat Gambling Act is amended by
6 changing Section 7 as follows:
7 (230 ILCS 10/7) (from Ch. 120, par. 2407)
8 Sec. 7. Owners Licenses.
9 (a) The Board shall issue owners licenses to persons,
10 firms or corporations which apply for such licenses upon
11 payment to the Board of the non-refundable license fee set by
12 the Board, upon payment of a $25,000 license fee for the
13 first year of operation and a $5,000 license fee for each
14 succeeding year and upon a determination by the Board that
15 the applicant is eligible for an owners license pursuant to
16 this Act and the rules of the Board. A person, firm or
17 corporation is ineligible to receive an owners license if:
18 (1) the person has been convicted of a felony under
19 the laws of this State, any other state, or the United
20 States;
21 (2) the person has been convicted of any violation
22 of Article 28 of the Criminal Code of 1961, or
23 substantially similar laws of any other jurisdiction;
24 (3) the person has submitted an application for a
25 license under this Act which contains false information;
26 (4) the person is a member of the Board;
27 (5) a person defined in (1), (2), (3) or (4) is an
28 officer, director or managerial employee of the firm or
29 corporation;
30 (6) the firm or corporation employs a person
31 defined in (1), (2), (3) or (4) who participates in the
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1 management or operation of gambling operations authorized
2 under this Act;
3 (7) the person, firm or corporation owns more than
4 a 10% ownership interest in any entity holding an owners
5 license issued under this Act; or
6 (8) a license of the person, firm or corporation
7 issued under this Act, or a license to own or operate
8 gambling facilities in any other jurisdiction, has been
9 revoked.
10 (b) In determining whether to grant an owners license to
11 an applicant, the Board shall consider:
12 (1) the character, reputation, experience and
13 financial integrity of the applicants and of any other or
14 separate person that either:
15 (A) controls, directly or indirectly, such
16 applicant, or
17 (B) is controlled, directly or indirectly, by
18 such applicant or by a person which controls,
19 directly or indirectly, such applicant;
20 (2) the facilities or proposed facilities for the
21 conduct of riverboat gambling;
22 (3) the highest prospective total revenue to be
23 derived by the State from the conduct of riverboat
24 gambling;
25 (4) the good faith affirmative action plan of each
26 applicant to recruit, train and upgrade minorities in all
27 employment classifications;
28 (5) the financial ability of the applicant to
29 purchase and maintain adequate liability and casualty
30 insurance;
31 (6) whether the applicant has adequate
32 capitalization to provide and maintain, for the duration
33 of a license, a riverboat; and
34 (7) the extent to which the applicant exceeds or
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1 meets other standards for the issuance of an owners
2 license which the Board may adopt by rule.
3 (c) Each owners license shall specify the place where
4 riverboats shall operate and dock.
5 (d) Each applicant shall submit with his application, on
6 forms provided by the Board, 2 sets of his fingerprints.
7 (e) The Board may issue up to 10 licenses authorizing
8 the holders of such licenses to own riverboats. In the
9 application for an owners license, the applicant shall state
10 the dock at which the riverboat is based and the navigable
11 stream on which the riverboat will operate. The Board shall
12 issue 5 licenses to become effective not earlier than January
13 1, 1991. Four of such licenses shall authorize riverboat
14 gambling on the Mississippi River, one of which shall
15 authorize riverboat gambling from a home dock in the city of
16 East St. Louis. The other license shall authorize riverboat
17 gambling on the Illinois River south of Marshall County. The
18 Board shall issue 1 additional license to become effective
19 not earlier than March 1, 1992, which shall authorize
20 riverboat gambling on the Des Plaines River in Will County.
21 The Board may issue 4 additional licenses to become effective
22 not earlier than March 1, 1992. In determining the navigable
23 streams upon which riverboats will operate with licenses
24 effective on or after March 1, 1992, the Board shall consider
25 the economic benefit which riverboat gambling confers on the
26 State, and shall seek to assure that all regions of the State
27 share in the economic benefits of riverboat gambling.
28 In granting all licenses, the Board may give favorable
29 consideration to economically depressed areas of the State,
30 to applicants presenting plans which provide for significant
31 economic development over a large geographic area, and to
32 applicants who currently operate non-gambling riverboats in
33 Illinois. The Board shall review all applications for owners
34 licenses, and shall inform each applicant of the Board's
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1 decision.
2 The Board may revoke the owners license of a licensee
3 which fails to begin regular riverboat cruises within 12
4 months of receipt of the Board's approval of the application
5 if the Board determines that license revocation is in the
6 best interests of the State.
7 (f) The first 10 owners licenses issued under this Act
8 shall permit the holder to own up to 2 riverboats and
9 equipment thereon for a period of 3 years after the effective
10 date of the license. Holders of the first 10 owners licenses
11 must pay the annual license fee for each of the 3 years
12 during which they are authorized to own riverboats.
13 (g) Upon the termination, expiration or revocation of
14 each of the first 10 licenses, which shall be issued for a 3
15 year period, all licenses are renewable annually upon payment
16 of the fee and a determination by the Board that the licensee
17 continues to meet all of the requirements of this Act and the
18 Board's rules.
19 (h) An owners license shall entitle the licensee to own
20 up to 2 riverboats. A licensee shall limit the number of
21 gambling participants to 1,200 for any such owners license.
22 Riverboats licensed to operate on the Mississippi River and
23 the Illinois River south of Marshall County shall have an
24 authorized capacity of at least 500 persons. Any other
25 riverboat licensed under this Act shall have an authorized
26 capacity of at least 400 persons.
27 (i) A licensed owner is authorized to apply to the Board
28 for and, if approved therefor, to receive all licenses from
29 the Board necessary for the operation of a riverboat,
30 including a liquor license, a license to prepare and serve
31 food for human consumption, and other necessary licenses.
32 All use, occupation and excise taxes which apply to the sale
33 of food and beverages in this State and all taxes imposed on
34 the sale or use of tangible personal property apply to such
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1 sales aboard the riverboat.
2 (j) None of the first 5 licenses issued by the Board to
3 become effective not earlier than January 1, 1991 shall
4 authorize a riverboat to dock in a municipality with a
5 population of under 2,000; however, this restriction does not
6 apply to any additional licenses issued by the Board to
7 become effective not earlier than March 1, 1992. The Board
8 may issue a license authorizing a riverboat to dock in a
9 municipality only if, prior to the issuance of the license,
10 the governing body of the municipality has by a majority vote
11 approved the docking of riverboats in the municipality. The
12 Board may issue a license authorizing a riverboat to dock in
13 areas of a county outside any municipality only if, prior to
14 the issuance of the license, the governing body of the county
15 has by a majority vote approved of the docking of riverboats
16 within such areas.
17 (k) Nothing in this Act shall be interpreted to prohibit
18 a licensed owner from operating a school for the training of
19 any occupational licensee.
20 (l) Any owners license that authorizes gambling under
21 this Act from a home dock in a municipality with a population
22 of more than 500,000 inhabitants shall be issued only to the
23 governing board of the municipality. Any owners license that
24 authorizes gambling from a home dock that is in a county with
25 a population of more than 3,000,000 inhabitants but not in a
26 municipality with a population of more than 500,000
27 inhabitants shall be issued only to the governing board of
28 the county. No such license may be awarded to any other
29 person or entity. If a license is issued to the governing
30 board of a municipality or county pursuant to this subsection
31 (l), that governing board shall conduct an auction and grant
32 the opportunity to manage the riverboat gambling operations
33 authorized by that license to the highest qualified bidder.
34 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)