Illinois Compiled Statutes
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230 ILCS 10/7
(230 ILCS 10/7)
(from Ch. 120, par. 2407)
(a) The Board shall issue owners licenses to persons, firms or
corporations which apply for such licenses upon payment to the Board of the
non-refundable license fee set by the Board, upon payment of a $25,000
license fee for the first year of operation and a $5,000 license fee for
each succeeding year and upon a determination by the Board that the
applicant is eligible for an owners license pursuant to this Act and the
rules of the Board. From the effective date of this amendatory Act of the 95th General Assembly until (i) 3 years after the effective date of this amendatory Act of the 95th General Assembly, (ii) the date any organization licensee begins to operate a slot machine or video game of chance under the Illinois Horse Racing Act of 1975 or this Act, (iii) the date that payments begin under subsection (c-5) of Section 13 of the Act, or (iv) the wagering tax imposed under Section 13 of this Act is increased by law to reflect a tax rate that is at least as stringent or more stringent than the tax rate contained in subsection (a-3) of Section 13, whichever occurs first, as a condition of licensure and as an alternative source of payment for those funds payable under subsection (c-5) of Section 13 of the Riverboat Gambling Act, any owners licensee that holds or receives its owners license on or after the effective date of this amendatory Act of the 94th General Assembly, other than an owners licensee operating a riverboat with adjusted gross receipts in calendar year 2004 of less than $200,000,000, must pay into the Horse Racing Equity Trust Fund, in addition to any other payments required under this Act, an amount equal to 3% of the adjusted gross receipts received by the owners licensee. The payments required under this Section shall be made by the owners licensee to the State Treasurer no later than 3:00 o'clock p.m. of the day after the day when the adjusted gross receipts were received by the owners licensee. A person, firm or corporation is ineligible to receive
an owners license if:
(1) the person has been convicted of a felony under
the laws of this State, any other state, or the United States;
(2) the person has been convicted of any violation of
Article 28 of the Criminal Code of 1961 or the Criminal Code of 2012, or substantially similar laws of any other jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) the person is
a member of the Board;
(5) a person defined in (1), (2), (3) or (4) is an
officer, director or managerial employee of the firm or corporation;
(6) the firm or corporation employs a person defined
in (1), (2), (3) or (4) who participates in the management or operation of gambling operations authorized under this Act;
(7) (blank); or
(8) a license of the person, firm or corporation
issued under this Act, or a license to own or operate gambling facilities in any other jurisdiction, has been revoked.
The Board is expressly prohibited from making changes to the requirement that licensees make payment into the Horse Racing Equity Trust Fund without the express authority of the Illinois General Assembly and making any other rule to implement or interpret this amendatory Act of the 95th General Assembly. For the purposes of this paragraph, "rules" is given the meaning given to that term in Section 1-70 of the Illinois Administrative Procedure Act.
(b) In determining whether to grant an owners license to an applicant, the
Board shall consider:
(1) the character, reputation, experience and
financial integrity of the applicants and of any other or separate person that either:
(A) controls, directly or indirectly, such
(B) is controlled, directly or indirectly, by
such applicant or by a person which controls, directly or indirectly, such applicant;
(2) the facilities or proposed facilities for the
conduct of riverboat gambling;
(3) the highest prospective total revenue to be
derived by the State from the conduct of riverboat gambling;
(4) the extent to which the ownership of the
applicant reflects the diversity of the State by including minority persons, females, and persons with a disability and the good faith affirmative action plan of each applicant to recruit, train and upgrade minority persons, females, and persons with a disability in all employment classifications;
(5) the financial ability of the applicant to
purchase and maintain adequate liability and casualty insurance;
(6) whether the applicant has adequate capitalization
to provide and maintain, for the duration of a license, a riverboat;
(7) the extent to which the applicant exceeds or
meets other standards for the issuance of an owners license which the Board may adopt by rule; and
(8) The amount of the applicant's license bid.
(c) Each owners license shall specify the place where riverboats shall
operate and dock.
(d) Each applicant shall submit with his application, on forms
provided by the Board, 2 sets of his fingerprints.
(e) The Board may issue up to 10 licenses authorizing the holders of such
licenses to own riverboats. In the application for an owners license, the
applicant shall state the dock at which the riverboat is based and the water
on which the riverboat will be located. The Board shall issue 5 licenses to
become effective not earlier than January 1, 1991. Three of such licenses
shall authorize riverboat gambling on the Mississippi River, or, with approval
by the municipality in which the
riverboat was docked on August 7, 2003 and with Board approval, be authorized to relocate to a new location,
municipality that (1) borders on the Mississippi River or is within 5
miles of the city limits of a municipality that borders on the Mississippi
River and (2), on August 7, 2003, had a riverboat conducting riverboat gambling operations pursuant to
a license issued under this Act; one of which shall authorize riverboat
gambling from a home dock in the city of East St. Louis. One other license
authorize riverboat gambling on
the Illinois River south of Marshall County. The Board shall issue one
additional license to become effective not earlier than March 1, 1992, which
shall authorize riverboat gambling on the Des Plaines River in Will County.
The Board may issue 4 additional licenses to become effective not
March 1, 1992. In determining the water upon which riverboats will operate,
the Board shall consider the economic benefit which riverboat gambling confers
on the State, and shall seek to assure that all regions of the State share
in the economic benefits of riverboat gambling.
In granting all licenses, the Board may give favorable consideration to
economically depressed areas of the State, to applicants presenting plans
which provide for significant economic development over a large geographic
area, and to applicants who currently operate non-gambling riverboats in
The Board shall review all applications for owners licenses,
and shall inform each applicant of the Board's decision.
The Board may grant an owners license to an
applicant that has not submitted the highest license bid, but if it does not
select the highest bidder, the Board shall issue a written decision explaining
applicant was selected and identifying the factors set forth in this Section
that favored the winning bidder.
In addition to any other revocation powers granted to the Board under this
the Board may revoke the owners license of a licensee which fails
to begin conducting gambling within 15 months
of receipt of the
Board's approval of the application if the Board determines that license
revocation is in the best interests of the State.
(f) The first 10 owners licenses issued under this Act shall permit the
holder to own up to 2 riverboats and equipment thereon
for a period of 3 years after the effective date of the license. Holders of
the first 10 owners licenses must pay the annual license fee for each of
years during which they are authorized to own riverboats.
(g) Upon the termination, expiration, or revocation of each of the first
10 licenses, which shall be issued for a 3 year period, all licenses are
renewable annually upon payment of the fee and a determination by the Board
that the licensee continues to meet all of the requirements of this Act and the
However, for licenses renewed on or after May 1, 1998, renewal shall be
for a period of 4 years, unless the Board sets a shorter period.
(h) An owners license shall entitle the licensee to own up to 2
riverboats. A licensee shall limit the number of gambling participants to
1,200 for any such owners license.
A licensee may operate both of its riverboats concurrently, provided that the
total number of gambling participants on both riverboats does not exceed
1,200. Riverboats licensed to operate on the
Mississippi River and the Illinois River south of Marshall County shall
have an authorized capacity of at least 500 persons. Any other riverboat
licensed under this Act shall have an authorized capacity of at least 400
(i) A licensed owner is authorized to apply to the Board for and, if
approved therefor, to receive all licenses from the Board necessary for the
operation of a riverboat, including a liquor license, a license
to prepare and serve food for human consumption, and other necessary
licenses. All use, occupation and excise taxes which apply to the sale of
food and beverages in this State and all taxes imposed on the sale or use
of tangible personal property apply to such sales aboard the riverboat.
(j) The Board may issue or re-issue a license authorizing a riverboat to
in a municipality or approve a relocation under Section 11.2 only if, prior
to the issuance or re-issuance of
the license or approval, the governing body of the municipality in which
the riverboat will dock has by a majority vote approved the docking of
riverboats in the municipality. The Board may issue or re-issue a license
riverboat to dock in areas of a county outside any municipality or approve a
relocation under Section 11.2 only if, prior to the issuance or re-issuance
of the license
or approval, the
governing body of the county has by a majority vote approved of the docking of
riverboats within such areas.
(Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)