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92_HB4169
LRB9213637LDtm
1 AN ACT in relation to gambling.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Bingo License and Tax Act is amended by
5 changing Section 1 as follows:
6 (230 ILCS 25/1) (from Ch. 120, par. 1101)
7 Sec. 1. The Department of Revenue shall, upon
8 application therefor on forms prescribed by such Department,
9 and upon the payment of an annual fee of $200, and upon a
10 determination by the Department that the applicant meets all
11 of the qualifications specified in this Section, issue a
12 license for the conducting of bingo to any bona fide
13 religious, charitable, labor, fraternal, youth athletic,
14 senior citizen, educational or veterans' organization
15 organized in Illinois which operates without profit to its
16 members, which has been in existence in Illinois continuously
17 for a period of 5 years immediately before making application
18 for a license and which has had during that entire 5 year
19 period a bona fide membership engaged in carrying out its
20 objects. However, the 5 year requirement shall be reduced to
21 2 years, as applied to a local organization which is
22 affiliated with and chartered by a national organization
23 which meets the 5 year requirement. Each license expires at
24 midnight, June 30 following its date of issuance, except
25 that, beginning with applicants whose licenses expire on June
26 30, 1983, the Department shall stagger license expiration
27 dates by dividing the applicants into 4 groups which are
28 substantially equal in number. Licenses issued and license
29 fees charged to applicants in each group shall be in
30 accordance with the following schedule:
31 Group No. License Expiration Date Fee
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1 1 December 31, 1983 $100
2 2 March 31, 1984 $150
3 3 June 30, 1984 $200
4 4 September 30, 1984 $250
5 Following expiration under this schedule, each renewed
6 license shall be in effect for one year from its date of
7 issuance unless suspended or revoked by Department action
8 before that date. After June 30, 1983, every new license
9 shall expire one year from the date of issuance unless
10 suspended or revoked. A licensee may hold only one license
11 and that license is valid for only one location.
12 For purposes of this Act, the following definitions
13 apply: "Organization": A corporation, agency, partnership,
14 association, firm or other entity consisting of 2 or more
15 persons joined by a common interest or purpose. "Non-profit
16 organization": An organization or institution organized and
17 conducted on a not-for-profit basis with no personal profit
18 inuring to any one as a result of the operation. "Charitable
19 organization": An organization or institution organized and
20 operated to benefit an indefinite number of the public.
21 "Educational organization": An organization or institution
22 organized and operated to provide systematic instruction in
23 useful branches of learning by methods common to schools and
24 institutions of learning which compare favorably in their
25 scope and intensity with the course of study presented in
26 tax-supported schools. "Religious organization": Any church,
27 congregation, society, or organization founded for the
28 purpose of religious worship. "Fraternal organization": An
29 organization of persons, including but not limited to ethnic
30 organizations, having a common interest, organized and
31 operated exclusively to promote the welfare of its members
32 and to benefit the general public on a continuing and
33 consistent basis. "Veterans organization": An organization
34 comprised of members of which substantially all are
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1 individuals who are veterans or spouses, widows, or widowers
2 of veterans, the primary purpose of which is to promote the
3 welfare of its members and to provide assistance to the
4 general public in such a way as to confer a public benefit.
5 "Labor organization": An organization composed of labor
6 unions or workers organized with the objective of betterment
7 of the conditions of those engaged in such pursuit and the
8 development of a higher degree of efficiency in their
9 respective occupations. "Youth athletic organization": An
10 organization having as its exclusive purpose the promotion
11 and provision of athletic activities for youth aged 18 and
12 under. "Senior citizens organization": An organization or
13 association comprised of members of which substantially all
14 are individuals who are senior citizens, as defined in
15 Section 3.05 of the Illinois Act on the Aging, the primary
16 purpose of which is to promote the welfare of its members.
17 Licensing for the conducting of bingo is subject to the
18 following restrictions:
19 (1) The license application, when submitted to the
20 Department of Revenue, must contain a sworn statement
21 attesting to the not-for-profit character of the
22 prospective licensee organization, signed by the
23 presiding officer and the secretary of that organization.
24 (2) The application for license shall be prepared
25 in accordance with the rules of the Department of
26 Revenue.
27 (3) Each license shall state which day of the week
28 and at what location the licensee is permitted to conduct
29 bingo. The Department may, on special application made
30 by any organization having a bingo license, issue a
31 special operator's permit for conducting bingo at other
32 premises and on other days not exceeding 7 consecutive
33 days, except that a licensee may conduct bingo at the
34 Illinois State Fair or any county fair held in Illinois
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1 during each day that the fair is in effect; such bingo
2 games conducted at the Illinois State Fair or a county
3 fair shall not require a special operator's permit. No
4 more than 2 special operator's permits may be issued in
5 one year to any one organization. Any organization,
6 qualified for a license but not holding one, upon
7 application and payment of a $50 fee may receive a
8 limited license to conduct bingo at no more than 2 indoor
9 or outdoor festivals in a year for a maximum of 5 days on
10 each occasion. Such limited license shall be prominently
11 displayed at the site of the bingo games.
12 (4) The licensee shall display a license in a
13 prominent place in the area where it is to conduct bingo.
14 (5) The proceeds from the license fee imposed by
15 this Act shall be paid into the General Revenue Fund of
16 the State Treasury.
17 (6) A license authorizes the licensee to conduct
18 the game commonly known as bingo, in which prizes are
19 awarded on the basis of designated numbers or symbols on
20 a card conforming to numbers or symbols selected at
21 random.
22 (7) The Director has the power to issue or to
23 refuse to issue a license permitting a person, firm or
24 corporation to provide premises for the conduct of bingo;
25 provided, however, that a municipality shall not be
26 required to obtain a license to provide such premises.
27 The fee for such providers' license is $200. A person,
28 firm or corporation holding such a license may receive
29 reasonable expenses for providing premises for conducting
30 bingo. Reasonable expenses shall include only those
31 expenses defined as reasonable by rules promulgated by
32 the Department.
33 (8) The Department may issue restricted licenses to
34 senior citizens organizations. The fee for a restricted
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1 license is $10 per year. Restricted licenses shall be
2 subject to the following conditions:
3 (A) Bingo shall be conducted only at a
4 facility which is owned by a unit of local
5 government to which the corporate authorities have
6 given their approval and which is used to provide
7 social services or a meeting place to senior
8 citizens, or in common areas in multi-unit federally
9 assisted rental housing maintained solely for the
10 elderly and handicapped;
11 (B) The price paid for a single card shall not
12 exceed $1 5 cents;
13 (C) The aggregate retail value of all prizes
14 or merchandise awarded in any one game of bingo
15 shall not exceed $20 $1;
16 (D) No person or organization shall
17 participate in the management or operation of bingo
18 under a restricted license if the person or
19 organization would be ineligible for a license under
20 this Section;
21 (E) No license is required to provide premises
22 for bingo conducted under a restricted license; and
23 (F) The Department may, by rule, exempt
24 restricted licensees from such requirements of this
25 Act as the Department may deem appropriate.
26 The Director has the power to issue a license permitting
27 an Illinois person, firm or corporation to sell, lease or
28 distribute to any organization licensed to conduct bingo
29 games or to any licensed bingo supplier all cards, boards,
30 sheets, markers, pads and all other supplies, devices and
31 equipment designed for use in the play of bingo. No person,
32 firm or corporation shall sell, lease or distribute bingo
33 supplies or equipment without having first obtained a license
34 therefor upon written application made, verified and filed
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1 with the Department in the form prescribed by the rules and
2 regulations of the Department. The fee for such license is
3 $200.
4 Applications for providers' and suppliers' licenses shall
5 be made in writing in accordance with Department rules. Each
6 providers' or suppliers' license is valid for one year from
7 date of issuance, unless suspended or revoked by Department
8 action before that date.
9 The following are ineligible for any license under this
10 Act:
11 (a) any person who has been convicted of a felony;
12 (b) any person who has been convicted of a
13 violation of Article 28 of the "Criminal Code of 1961";
14 (c) any person found gambling, participating in
15 gambling or knowingly permitting gambling on premises
16 where bingo is being conducted;
17 (d) any firm or corporation in which a person
18 defined in (a), (b) or (c) has a proprietary, equitable
19 or credit interest, or in which such person is active or
20 employed;
21 (e) any organization in which a person defined in
22 (a), (b) or (c) is an officer, director, or employee,
23 whether compensated or not;
24 (f) any organization in which a person defined in
25 (a), (b) or (c) is to participate in the management or
26 operation of a bingo game.
27 (Source: P.A. 87-758.)