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91_SB0992
LRB9105191LDmb
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
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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
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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
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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
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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
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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
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1 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
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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
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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.
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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
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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 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,
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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)
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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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