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$250
Following expiration under this schedule, each renewed license shall be
in effect for one year from its date of issuance unless suspended or revoked
by Department action before that date. After June 30, 1983, every new
annual license shall expire one year from the date of issuance unless
suspended or
revoked and every new triennial license issued or renewed on or after July
1, 2004 shall be in
effect for 3 years from its date of issuance unless suspended or revoked by
Department action before that date. A licensee may hold only one license and
that license is valid
for only one location.
For purposes of this Act, the following definitions apply: "Organization":
A corporation, agency, partnership, association, firm or other entity
consisting of 2 or more persons joined by a common interest or purpose.
"Non‑profit organization": An organization or institution organized and
conducted on a not‑for‑profit basis with no personal profit inuring to any
one as a result of the operation. "Charitable organization": An
organization or institution organized and operated to benefit an indefinite
number of the public. "Educational organization": An organization or
institution organized and operated to provide systematic instruction in
useful branches of learning by methods common to schools and institutions
of learning which compare favorably in their scope and intensity with the
course of study presented in tax‑supported schools. "Religious organization":
Any church, congregation, society, or organization founded for the purpose
of religious worship. "Fraternal organization": An organization of persons,
including but not limited to ethnic organizations, having a common
interest, organized and operated exclusively to promote the welfare of its
members and to benefit the general public on a continuing and consistent
basis. "Veterans organization": An organization comprised of members of
which substantially all are individuals who are veterans or spouses,
widows, or widowers of veterans, the primary purpose of which is to promote
the welfare of its members and to provide assistance to the general public
in such a way as to confer a public benefit. "Labor organization": An
organization composed of labor unions or workers organized with the
objective of betterment of the conditions of those engaged in such pursuit
and the development of a higher degree of efficiency in their respective
occupations. "Youth athletic organization": An organization having as its
exclusive purpose the promotion and provision of athletic activities for
youth aged 18 and under. "Senior citizens organization": An organization
or association comprised of members of which substantially all are
individuals who are senior citizens, as defined in Section 3.05 of the
Illinois Act on the Aging, the primary purpose of which is to promote the
welfare of its members.
Licensing for the conducting of bingo is subject to the following
restrictions:
(1) The license application, when submitted to the
Department of Revenue, must contain a sworn statement attesting to the not‑for‑profit character of the prospective licensee organization, signed by the presiding officer and the secretary of that organization.
(2) The application for license shall be prepared in
accordance with the rules of the Department of Revenue.
(3) Each license shall state which day of the week
and at what location the licensee is permitted to conduct bingo. The Department may, on special application made by any organization having a bingo license, issue a special operator's permit for conducting bingo at other premises and on other days not exceeding 7 consecutive days, except that a licensee may conduct bingo at the Illinois State Fair or any county fair held in Illinois during each day that the fair is in effect; such bingo games conducted at the Illinois State Fair or a county fair shall not require a special operator's permit. No more than 2 special operator's permits may be issued in one year to any one organization. Any organization, qualified for a license but not holding one, upon application and payment of a $50 fee may receive a limited license to conduct bingo at no more than 2 indoor or outdoor festivals in a year for a maximum of 5 days on each occasion or, upon application and payment of a $150 fee, may receive a limited license to conduct bingo at no more than 2 indoor or outdoor festivals in a year for up to 3 years for a maximum of 5 days on each occasion. Such limited license shall be prominently displayed at the site of the bingo games.
(4) The licensee shall display a license in a
prominent place in the area where it is to conduct bingo.
(5) The proceeds from the license fee imposed by this
Act shall be paid into the General Revenue Fund of the State Treasury.
(6) A license authorizes the licensee to conduct the
game commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.
(7) The Director has the power to issue or to refuse
to issue a license permitting a person, firm or corporation to provide premises for the conduct of bingo; provided, however, that a municipality shall not be required to obtain a license to provide such premises. The fee for such providers' license is $200. A person, firm or corporation holding such a license may receive reasonable expenses for providing premises for conducting bingo. Reasonable expenses shall include only those expenses defined as reasonable by rules promulgated by the Department.
(8) The Department may issue restricted licenses to
senior citizens organizations. The fee for a restricted license is $10 per year or $30 for 3 years. Restricted licenses shall be subject to the following conditions:
(A) Bingo shall be conducted only at a facility
which is owned by a unit of local government to which the corporate authorities have given their approval and which is used to provide social services or a meeting place to senior citizens, or in common areas in multi‑unit federally assisted rental housing maintained solely for the elderly and handicapped;
(B) The price paid for a single card shall not
exceed 5 cents;
(C) The aggregate retail value of all prizes or
merchandise awarded in any one game of bingo shall not exceed $1;
(D) No person or organization shall participate
in the management or operation of bingo under a restricted license if the person or organization would be ineligible for a license under this Section;
(E) No license is required to provide premises
for bingo conducted under a restricted license; and
(F) The Department may, by rule, exempt
restricted licensees from such requirements of this Act as the Department may deem appropriate.
The Director has the power to issue a license permitting an Illinois person,
firm or corporation to sell, lease or distribute to any organization licensed
to conduct bingo games or to any licensed bingo supplier all cards, boards,
sheets, markers, pads and all other supplies, devices and equipment
designed for use in the play of bingo. No person, firm or corporation shall
sell, lease or distribute bingo supplies or equipment without having first
obtained a license therefor upon written application made, verified and
filed with the Department in the form prescribed by the rules and
regulations of the Department. The fee for such license is $200.
Applications for providers' and suppliers' licenses shall be made in writing
in accordance with Department rules. Each providers' or suppliers' license
is valid for one year from date of issuance, unless suspended or revoked by
Department action before that date.
The following are ineligible for any license under this Act:
(a) any person who has been convicted of a felony;
(b) any person who has been convicted of a violation
of Article 28 of the "Criminal Code of 1961";
(c) any person found gambling, participating in
gambling or knowingly permitting gambling on premises where bingo is being conducted;
(d) any firm or corporation in which a person defined
in (a), (b) or (c) has a proprietary, equitable or credit interest, or in which such person is active or employed;
(e) any organization in which a person defined in
(a), (b) or (c) is an officer, director, or employee, whether compensated or not;
(f) any organization in which a person defined in
(a), (b) or (c) is to participate in the management or operation of a bingo game.
(Source: P.A. 93‑742, eff. 7‑15‑04.)
230 ILCS 25/2
(230 ILCS 25/2) (from Ch. 120, par. 1102)
Sec. 2.
The conducting of bingo is subject to the following restrictions:
(1) The entire net proceeds from bingo play must be exclusively devoted
to the lawful purposes of the organization permitted to conduct that game.
(2) (Blank).
(3) No person may receive any remuneration or profit for participating
in the management or operation of the game, except that if an organization
licensed under this Act is associated with a school or other educational
institution, that school or institution may reduce tuition or fees for a
designated pupil based on participation in the management or operation of
the game by any member of the organization. The extent to which tuition and
fees are reduced shall relate proportionately to the amount of time volunteered
by the member, as determined by the school or other educational institution.
(4) The aggregate retail value of all prizes or merchandise awarded in
any single day of bingo may not exceed $2,250, except that in adjoining
counties having 200,000 to 275,000 inhabitants each, and in counties which
are adjacent to either of such adjoining counties and are adjacent to a
total of not more than 2 counties in this State, and in any municipality
having 2,500 or more inhabitants and within one mile of such adjoining and
adjacent counties having less than 25,000 inhabitants, 2 additional bingo
games may be conducted after the $2,250 limit has been reached. The prize
awarded for any one game, including any game conducted after reaching
the $2,250 limit as authorized in this paragraph (4), may not exceed $500
cash or its equivalent.
(5) The number of games may not exceed 25 in any one day including regular
and special games, except that this restriction on the number of games
shall not apply to bingo conducted at the Illinois State Fair or any county
fair held in Illinois.
(6) The price paid for a single card under the license may not exceed
$1 and such card is valid for all regular games on that day of bingo.
A maximum of 5 special games may be held on each bingo day, except that
this restriction on the number of special games shall not apply to bingo
conducted at the Illinois State Fair or any county fair held in Illinois.
The price for a single special game card may not exceed 50 cents.
(7) The number of bingo days conducted by a licensee under this Act is
limited to one per week, except as follows:
(i) Bingo may be conducted in accordance with the
terms of a special operator's permit or limited license issued under subdivision (3) of Section 1.
(ii) Bingo may be conducted at the Illinois State
Fair or any county fair held in Illinois under subdivision (3) of Section 1.
(iii) A licensee which cancels a day of bingo
because of inclement weather or because the day is a holiday or the eve of a holiday may, after giving notice to the Department, conduct bingo on an additional date which falls on a day of the week other than the day authorized under the license. As used in this subdivision (iii), "holiday" means any of the holidays listed in Section 17 of the Promissory Note and Bank Holiday Act.
(8) A licensee may rent a premises on which to conduct bingo only from
an organization which is licensed as a provider of premises or exempt from
license requirements under this Act. If the organization providing the premises
is a metropolitan exposition, auditorium, and office building authority created
by State law, a licensee may enter into a rental agreement with the
organization authorizing the licensee and the organization to share the gross
proceeds of bingo games; however, the organization shall not receive more than
50% of the gross proceeds.
(9) No person under the age of 18 years may play or participate in the
conducting of bingo. Any person under the age of 18 years may be within the
area where bingo is being played only when accompanied by his parent or
guardian.
(10) The promoter of bingo games must have a proprietary interest in the
game promoted.
(11) Raffles or other forms of gambling prohibited by law shall not be
conducted on the premises where bingo is being conducted, except that
pull tabs and jar games conducted under the Illinois Pull Tabs and Jar
Games Act may be conducted on the premises where bingo is being conducted.
Prizes awarded in pull tabs and jar games shall not be included in the
bingo prize limitation.
(12) An organization holding a special operator's permit or a limited
license may, as one of the occasions allowed by such permit or license,
conduct bingo for a maximum of 2 consecutive days, during each day of which
the number of games may exceed 25, and regular game cards need not be valid
for all regular games. If only noncash prizes are awarded during such
occasions, the prize limits stated in paragraph (4) of this Section shall
not apply, provided that the retail value of noncash prizes for any single
game shall not exceed $150.
(Source: P.A. 92‑305, eff. 8‑9‑01.) 230 ILCS 25/3
(230 ILCS 25/3) (from Ch. 120, par. 1103)
Sec. 3.
There shall be paid to the Department of Revenue, 5% of the gross
proceeds of any game of bingo conducted under the provision of this Act.
Such payments shall be made 4 times per year, between the first and the
20th day of April, July, October and January. Payment must be by money
order or certified check. Accompanying each payment shall be a report,
on forms provided by the Department of Revenue, listing the number of games
conducted, the gross income derived and such other information as the
Department of Revenue may require. Failure to submit either the payment or
the report within the specified time may result in suspension or revocation
of the license.
The provisions of Section 2a of the Retailers' Occupation Tax Act pertaining
to the furnishing of a bond or other security are incorporated by reference
into this Act and are applicable to licensees under this Act as a precondition
of obtaining a license under this Act. The Department shall establish by
rule the standards and criteria it will use in determining whether to require
the furnishing of a bond or other security, the amount of such bond or other
security, whether to require the furnishing of an additional bond or other
security by a licensee, and the amount of such additional bond or other
security. Such standards and criteria may include payment history, general
financial condition or other factors which may pose risks to insuring the
payment to the Department of Revenue, of applicable taxes. Such rulemaking
is subject to the provisions of the Illinois Administrative Procedure Act.
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j,
6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the Retailers' Occupation
Tax Act which are not inconsistent with this Act, and Section 3‑7 of the
Uniform Penalty and Interest Act shall apply, as far as
practicable, to the subject matter of this Act to the same extent as if
such provisions were included in this Act. Tax returns filed pursuant to
this Act shall not be confidential and shall be available for public
inspection. For the purposes of this Act, references in such incorporated
Sections of the Retailers' Occupation Tax Act to retailers, sellers or
persons engaged in the business of selling tangible personal property means
persons engaged in conducting bingo games, and references in such
incorporated Sections of the Retailers' Occupation Tax Act to sales of
tangible personal property mean the conducting of bingo games and the
making of charges for playing such games.
One‑half of all of the sums collected under this Section shall be deposited
into the Mental Health Fund and 1/2 of all of the sums collected under this
Section shall be deposited in the Common School Fund.
(Source: P.A. 87‑205; 87‑895
.) 230 ILCS 25/4.1
(230 ILCS 25/4.1) (from Ch. 120, par. 1104.01)
Sec. 4.1.
Any organization which conducts bingo without first obtaining
a license to do so, or which continues to conduct bingo after revocation
of its bingo license, or any organization licensed to conduct bingo which
allows any form of illegal gambling to be conducted on the premises where
bingo is being conducted shall, in addition to other penalties provided,
be subject to a civil penalty equal to the amount of gross proceeds derived
on that day from bingo and any other illegal game that may have been
conducted as well as confiscation and forfeiture of the gross proceeds
derived from such bingo and any other illegal game.
(Source: P.A. 84‑221.) 230 ILCS 25/4.2
(230 ILCS 25/4.2) (from Ch. 120, par. 1104.2)
Sec. 4.2.
Any person or organization which provides premises for the
conduct of bingo without first obtaining a license or a special provider's
permit to do so, or having a provider's license or a special provider's
permit allows unlicensed organizations to conduct bingo on his premises,
or allows any form of illegal gambling to be conducted on the premises where
bingo is being played shall, in addition to other penalties provided, be
subject to a civil penalty of $5,000.
(Source: P.A. 82‑967.) 230 ILCS 25/4.3
(230 ILCS 25/4.3)
Sec. 4.3.
Compulsive gambling.
(a) Each organization conducting bingo shall post signs with a statement
regarding obtaining assistance with gambling problems, the text of which shall
be determined by rule by the Department of Human Services,
at all entrances and exits at the premises at which bingo is conducted by the
organization. The signs shall be provided by the Department of Human
Services.
(b) Each organization conducting bingo shall print a statement regarding
obtaining assistance with gambling problems, the text of which shall be
determined by rule by the Department of Human Services, on all
paper stock that it provides to the public.
(Source: P.A. 89‑374, eff. 1‑1‑96; 89‑507, eff. 7‑1‑97.) 230 ILCS 25/4
(230 ILCS 25/4) (from Ch. 120, par. 1104)
Sec. 4.
Each licensee must keep a complete record of bingo games conducted
within the previous 3 years. Such record shall be open to inspection by
any employee of the Department of Revenue during reasonable business hours.
The Director may require that any person, organization or corporation
licensed under this Act obtain from an Illinois certified public accounting
firm at its own expense a certified and unqualified financial statement
and verification of records of such organization.
Failure of a bingo licensee to comply with this requirement within 90
days of receiving notice from the Director may
result in suspension or revocation of the licensee's license.
The Department of Revenue may, at its discretion, suspend or revoke
any license where it finds that the licensee or any person connected therewith
has violated or is violating the provisions of this Act. No licensee under
this Act, while a bingo game is being conducted, shall knowingly permit
the entry into any part of the licensed premises by any person
who has been convicted of a felony or a violation of
Article 28 of the "Criminal Code of 1961".
(Source: P.A. 82‑967.) 230 ILCS 25/5.1
(230 ILCS 25/5.1) (from Ch. 120, par. 1105.1)
Sec. 5.1.
The Illinois Administrative Procedure Act is hereby expressly
adopted and shall apply to all administrative rules and procedures of the
Department of Revenue under this Act, except that (1) paragraph (b) of Section
5‑10 of the Illinois Administrative Procedure Act does not apply to final
orders, decisions and opinions of the Department, (2) subparagraph (a)(ii) of
Section 5‑10 of the Illinois Administrative Procedure Act does not apply to
forms established by the Department for use under this Act, and (3) the
provisions of Section 10‑45 of the Illinois Administrative Procedure Act
regarding proposals for decision are excluded and not applicable to the
Department under this Act.
(Source: P.A. 91‑357, eff. 7‑29‑99.) 230 ILCS 25/5
(230 ILCS 25/5) (from Ch. 120, par. 1105)
Sec. 5.
Any person who conducts or knowingly participates in an
unlicensed bingo game commits the offense of gambling in violation of
Section 28‑1 of the Criminal Code of 1961, as amended. Any person who
violates any other provision of this Act, or any person who
knowingly fails to file a bingo return or who knowingly files a fraudulent
return
under this Act, or any person who wilfully
violates any rule or regulation of the Department for the administration
and enforcement of this Act, or any officer or agent of an organization
or a corporation
licensed under this Act who signs a fraudulent return filed on behalf of
such an organization or corporation, is guilty of a Class A misdemeanor.
In addition to other penalties provided for in this Act, organizations
or corporations that illegally play bingo shall be subject to a civil penalty
equal to the gross proceeds derived from those
unlicensed games, as well as confiscation and forfeiture of all bingo equipment
used in the conduct of those unlicensed games.
(Source: P.A. 84‑221.) 230 ILCS 25/6
(230 ILCS 25/6) (from Ch. 120, par. 1106)
Sec. 6.
If any clause, sentence, section, provision or part of this Act, or the
application thereof to any person or circumstance, shall be adjudged to be
unconstitutional, the remainder of this Act or its application to persons
or circumstances other than those to which it is held invalid shall not be
affected thereby.
(Source: P. A. 77‑332.) 230 ILCS 25/7
(230 ILCS 25/7) (from Ch. 120, par. 1107)
Sec. 7.
This Act shall be known and may be cited as the "Bingo License and Tax
Act".
(Source: P. A. 77‑332.)
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