104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2636 Introduced 3/12/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: See Index Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately. LRB104 12693 LNS 23531 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2636 Introduced 3/12/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: See Index See Index Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately. LRB104 12693 LNS 23531 b LRB104 12693 LNS 23531 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2636 Introduced 3/12/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately.
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A BILL FOR
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1 AN ACT concerning gaming.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Video Gaming Act is amended by changing
5 Section 35 as follows:
6 (230 ILCS 40/35)
7 Sec. 35. Display of license; confiscation; violation as
8 felony.
9 (a) Each video gaming terminal shall be licensed by the
10 Board before placement or operation on the premises of a
11 licensed establishment, licensed truck stop establishment,
12 licensed large truck stop establishment, licensed fraternal
13 establishment, or licensed veterans establishment. The license
14 of each video gaming terminal shall be maintained at the
15 location where the video gaming terminal is operated. Failure
16 to do so is a petty offense with a fine not to exceed $100. Any
17 licensed establishment, licensed truck stop establishment,
18 licensed large truck stop establishment, licensed fraternal
19 establishment, or licensed veterans establishment used for the
20 conduct of gambling games in violation of this Act shall be
21 considered a gambling place in violation of Section 28-3 of
22 the Criminal Code of 2012. Every gambling device found in a
23 licensed establishment, licensed truck stop establishment,
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2636 Introduced 3/12/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Video Gaming Act. Provides that an applicant or licensee is not in violation of the Act or any of the Illinois Gaming Board rules, and shall not be subject to disciplinary action, delay of any Board consideration, or denial of any license for operating a game device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that a gambling offense involving a specific gambling device is a Class 4 felony. Prohibits a municipality from imposing any restriction or prohibition related to an activity which is lawful under under a provision that set forth activities that a person may not be convicted of gambling for participating. Includes specified vending or other electronic machines or devices in the definition of gambling device. Amends the Prizes and Gifts Act. Provides that it is unlawful for a person to operate on any premises a prize and gift kiosk that fails to meet the specified technical standards. Prohibits a prize and gift kiosk from being connected directly or indirectly to the Internet in order to participate in the game or contest or to receive or retrieve any data related to the kiosk or device unless the connected device is a redemption vault. Provides that is unlawful for a prize and gift kiosk to offer the sale of anything other than a bona fide product. Provides that it is unlawful to operate a prize and gift kiosk without a self contained fill system which permits the operation of the device solely determined on a fee basis or the amount of revenue generated but does not include a system based on time, number of spins or spin equivalent, or other non-revenue based system, and automatically ceases to operate upon the completion of a predetermined cycle. Provides that it is unlawful to operate a prize and gift kiosk without a route boost plus internal monitoring system that accounts and records (i) cash in, (ii) winnings, (iii) entries used, (iv) power failures, disconnections from the monitoring system, and malfunctions, and (v) remote activations and disabling. Requires a prize and gift kiosk to be registered with the Department of Revenue and to remit the annual fee as set by the Department of Revenue. Effective immediately.
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A BILL FOR
See Index
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1 licensed large truck stop establishment, licensed fraternal
2 establishment, or licensed veterans establishment operating
3 gambling games in violation of this Act shall be subject to
4 seizure, confiscation, and destruction as provided in Section
5 28-5 of the Criminal Code of 2012. Any license issued under the
6 Liquor Control Act of 1934 to any owner or operator of a
7 licensed establishment, licensed truck stop establishment,
8 licensed large truck stop establishment, licensed fraternal
9 establishment, or licensed veterans establishment that
10 operates or permits the operation of a video gaming terminal
11 within its establishment in violation of this Act shall be
12 immediately revoked. No person may own, operate, have in his
13 or her possession or custody or under his or her control, or
14 permit to be kept in any place under his or her possession or
15 control, any device that awards credits and contains a
16 circuit, meter, or switch capable of removing and recording
17 the removal of credits when the award of credits is dependent
18 upon chance.
19 Nothing in this Section shall be deemed to prohibit the
20 use of a game device only if the game device is used in an
21 activity that is not gambling under subsection (b) of Section
22 28-1 of the Criminal Code of 2012. An applicant or licensee
23 under this Act is not in violation of this Act or any of the
24 Illinois Gaming Board rules, specifically 11 Ill. Adm. Code
25 1800.420, and shall not be subject to disciplinary action,
26 delay of any Board consideration, or denial of any license for
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1 operating a game device if operation of the gaming device is in
2 compliance with and not considered gambling under subsection
3 (b) of Section 28-1 or paragraph (iii) of subsection (a) of
4 Section 28-2 of the Criminal Code of 2012.
5 A violation of this Section is a Class 4 felony. All
6 devices that are owned, operated, or possessed in violation of
7 this Section are hereby declared to be public nuisances and
8 shall be subject to seizure, confiscation, and destruction as
9 provided in Section 28-5 of the Criminal Code of 2012.
10 The provisions of this Section do not apply to devices or
11 electronic video game terminals licensed pursuant to this Act.
12 A video gaming terminal operated for amusement only and
13 bearing a valid amusement tax sticker shall not be subject to
14 this Section until 30 days after the Board establishes that
15 the central communications system is functional.
16 (b) (1) The odds of winning each video game shall be posted
17 on or near each video gaming terminal. The manner in which the
18 odds are calculated and how they are posted shall be
19 determined by the Board by rule.
20 (2) No video gaming terminal licensed under this Act may
21 be played except during the legal hours of operation allowed
22 for the consumption of alcoholic beverages at the licensed
23 establishment, licensed fraternal establishment, or licensed
24 veterans establishment. A licensed establishment, licensed
25 fraternal establishment, or licensed veterans establishment
26 that violates this subsection is subject to termination of its
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1 license by the Board.
2 (Source: P.A. 101-31, eff. 6-28-19.)
3 Section 10. The Criminal Code of 2012 is amended by
4 changing Sections 28-1 and 28-2 as follows and by adding
5 Section 28-1.2 as follows:
6 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
7 Sec. 28-1. Gambling.
8 (a) A person commits gambling when he or she:
9 (1) knowingly plays a game of chance or skill for
10 money or other thing of value, unless excepted in
11 subsection (b) of this Section;
12 (2) knowingly makes a wager upon the result of any
13 game, contest, or any political nomination, appointment or
14 election;
15 (3) knowingly operates, keeps, owns, uses, purchases,
16 exhibits, rents, sells, bargains for the sale or lease of,
17 manufactures or distributes any gambling device;
18 (4) contracts to have or give himself or herself or
19 another the option to buy or sell, or contracts to buy or
20 sell, at a future time, any grain or other commodity
21 whatsoever, or any stock or security of any company, where
22 it is at the time of making such contract intended by both
23 parties thereto that the contract to buy or sell, or the
24 option, whenever exercised, or the contract resulting
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1 therefrom, shall be settled, not by the receipt or
2 delivery of such property, but by the payment only of
3 differences in prices thereof; however, the issuance,
4 purchase, sale, exercise, endorsement or guarantee, by or
5 through a person registered with the Secretary of State
6 pursuant to Section 8 of the Illinois Securities Law of
7 1953, or by or through a person exempt from such
8 registration under said Section 8, of a put, call, or
9 other option to buy or sell securities which have been
10 registered with the Secretary of State or which are exempt
11 from such registration under Section 3 of the Illinois
12 Securities Law of 1953 is not gambling within the meaning
13 of this paragraph (4);
14 (5) knowingly owns or possesses any book, instrument
15 or apparatus by means of which bets or wagers have been, or
16 are, recorded or registered, or knowingly possesses any
17 money which he has received in the course of a bet or
18 wager;
19 (6) knowingly sells pools upon the result of any game
20 or contest of skill or chance, political nomination,
21 appointment or election;
22 (7) knowingly sets up or promotes any lottery or
23 sells, offers to sell or transfers any ticket or share for
24 any lottery;
25 (8) knowingly sets up or promotes any policy game or
26 sells, offers to sell or knowingly possesses or transfers
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1 any policy ticket, slip, record, document or other similar
2 device;
3 (9) knowingly drafts, prints or publishes any lottery
4 ticket or share, or any policy ticket, slip, record,
5 document or similar device, except for such activity
6 related to lotteries, bingo games and raffles authorized
7 by and conducted in accordance with the laws of Illinois
8 or any other state or foreign government;
9 (10) knowingly advertises any lottery or policy game,
10 except for such activity related to lotteries, bingo games
11 and raffles authorized by and conducted in accordance with
12 the laws of Illinois or any other state;
13 (11) knowingly transmits information as to wagers,
14 betting odds, or changes in betting odds by telephone,
15 telegraph, radio, semaphore or similar means; or knowingly
16 installs or maintains equipment for the transmission or
17 receipt of such information; except that nothing in this
18 subdivision (11) prohibits transmission or receipt of such
19 information for use in news reporting of sporting events
20 or contests; or
21 (12) knowingly establishes, maintains, or operates an
22 Internet site that permits a person to play a game of
23 chance or skill for money or other thing of value by means
24 of the Internet or to make a wager upon the result of any
25 game, contest, political nomination, appointment, or
26 election by means of the Internet. This item (12) does not
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1 apply to activities referenced in items (6), (6.1), (8),
2 (8.1), and (15) of subsection (b) of this Section.
3 (b) Participants in any of the following activities shall
4 not be convicted of gambling:
5 (1) Agreements to compensate for loss caused by the
6 happening of chance including without limitation contracts
7 of indemnity or guaranty and life or health or accident
8 insurance.
9 (2) Offers of prizes, award or compensation to the
10 actual contestants in any bona fide contest for the
11 determination of skill, speed, strength or endurance or to
12 the owners of animals or vehicles entered in such contest.
13 (3) Pari-mutuel betting as authorized by the law of
14 this State.
15 (4) Manufacture of gambling devices, including the
16 acquisition of essential parts therefor and the assembly
17 thereof, for transportation in interstate or foreign
18 commerce to any place outside this State when such
19 transportation is not prohibited by any applicable Federal
20 law; or the manufacture, distribution, or possession of
21 video gaming terminals, as defined in the Video Gaming
22 Act, by manufacturers, distributors, and terminal
23 operators licensed to do so under the Video Gaming Act.
24 (5) The game commonly known as "bingo", when conducted
25 in accordance with the Bingo License and Tax Act.
26 (6) Lotteries when conducted by the State of Illinois
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1 in accordance with the Illinois Lottery Law. This
2 exemption includes any activity conducted by the
3 Department of Revenue to sell lottery tickets pursuant to
4 the provisions of the Illinois Lottery Law and its rules.
5 (6.1) The purchase of lottery tickets through the
6 Internet for a lottery conducted by the State of Illinois
7 under the program established in Section 7.12 of the
8 Illinois Lottery Law.
9 (7) Possession of an antique slot machine that is
10 neither used nor intended to be used in the operation or
11 promotion of any unlawful gambling activity or enterprise.
12 For the purpose of this subparagraph (b)(7), an antique
13 slot machine is one manufactured 25 years ago or earlier.
14 (8) Raffles and poker runs when conducted in
15 accordance with the Raffles and Poker Runs Act.
16 (8.1) The purchase of raffle chances for a raffle
17 conducted in accordance with the Raffles and Poker Runs
18 Act.
19 (9) Charitable games when conducted in accordance with
20 the Charitable Games Act.
21 (10) Pull tabs and jar games when conducted under the
22 Illinois Pull Tabs and Jar Games Act.
23 (11) Gambling games when authorized by the Illinois
24 Gambling Act.
25 (12) Video gaming terminal games at a licensed
26 establishment, licensed truck stop establishment, licensed
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1 large truck stop establishment, licensed fraternal
2 establishment, or licensed veterans establishment when
3 conducted in accordance with the Video Gaming Act.
4 (13) Games of skill or chance where money or other
5 things of value can be won but no payment or purchase is
6 required to participate as provided for in Section 10 of
7 the Prizes and Gifts Act, except where participation in
8 such game of chance is accomplished using a gambling
9 device prohibited by paragraph (iii) of subsection (a) of
10 Section 28-2.
11 (14) Savings promotion raffles authorized under
12 Section 5g of the Illinois Banking Act, Section 7008 of
13 the Savings Bank Act, Section 42.7 of the Illinois Credit
14 Union Act, Section 5136B of the National Bank Act (12
15 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
16 U.S.C. 1463).
17 (15) Sports wagering when conducted in accordance with
18 the Sports Wagering Act.
19 (c) Sentence.
20 (1) Gambling is a Class A misdemeanor. A second or
21 subsequent conviction under subsections (a)(3) through
22 (a)(12), is a Class 4 felony.
23 (2) Notwithstanding any other provision of this
24 Section to the contrary, a gambling offense involving a
25 gambling device described in paragraph (iii) of subsection
26 (a) of Section 28-2 is a Class 4 felony.
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1 (d) Circumstantial evidence.
2 In prosecutions under this Section circumstantial evidence
3 shall have the same validity and weight as in any criminal
4 prosecution.
5 (Source: P.A. 101-31, Article 25, Section 25-915, eff.
6 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
7 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
8 (720 ILCS 5/28-1.2 new)
9 Sec. 28-1.2. Restrictions prohibited. No municipality
10 shall impose any restriction or prohibition related to an
11 activity which is lawful under subsection (b) of Section 28-1.
12 (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
13 Sec. 28-2. Definitions.
14 (a) A "gambling device" is (i) any clock, tape machine,
15 slot machine or other machines or device for the reception of
16 money or other thing of value on chance or skill or upon the
17 action of which money or other thing of value is staked,
18 hazarded, bet, won, or lost; (ii) or any mechanism, furniture,
19 fixture, equipment, or other device designed primarily for use
20 in a gambling place; or (iii) any vending or other electronic
21 machine or device, including, but not limited to, a machine or
22 device that awards credits and contains a circuit, meter, or
23 switch capable of removing and recording the removal of
24 credits or that is connected directly or indirectly to the
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1 Internet, either by cellular modem, hard wire, or wireless
2 connection, or to a set of interconnected networked devices in
3 order to participate in the game or contest or to receive or
4 retrieve any data related to the device unless the connected
5 device is a redemption vault or does not operate with a
6 self-contained fill system, as defined in Section 10 and
7 subsection (d) of Section 33 of the Prizes and Gifts Act, which
8 permits the operation of the device solely determined on a fee
9 basis or the amount of revenue generated but does not include a
10 system based on time, number of spins or spin equivalent, or
11 other non-revenue based system, and automatically ceases to
12 operate upon the completion of a predetermined cycle and a
13 route boost plus internal monitoring system, as defined in
14 Section 10 of the Prizes and gifts Act, which is established
15 and operated by the distributor. A "gambling device" does not
16 include:
17 (1) A coin-in-the-slot operated mechanical device
18 played for amusement which rewards the player with the
19 right to replay such mechanical device, which device is so
20 constructed or devised as to make such result of the
21 operation thereof depend in part upon the skill of the
22 player and which returns to the player thereof no money,
23 property, or right to receive money or property.
24 (2) Except as otherwise provided in this subsection, a
25 vending machine Vending machines by which full and
26 adequate return is made for the money invested and in
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1 which there is no element of chance or hazard; or a device
2 as provided for in the Prizes and Gifts Act.
3 (3) A crane game. For the purposes of this paragraph
4 (3), a "crane game" is an amusement device involving
5 skill, if it rewards the player exclusively with
6 merchandise contained within the amusement device proper
7 and limited to toys, novelties, and prizes other than
8 currency, each having a wholesale value which is not more
9 than $25.
10 (4) A redemption machine. For the purposes of this
11 paragraph (4), a "redemption machine" is a single-player
12 or multi-player amusement device involving a game, the
13 object of which is throwing, rolling, bowling, shooting,
14 placing, or propelling a ball or other object that is
15 either physical or computer generated on a display or with
16 lights into, upon, or against a hole or other target that
17 is either physical or computer generated on a display or
18 with lights, or stopping, by physical, mechanical, or
19 electronic means, a moving object that is either physical
20 or computer generated on a display or with lights into,
21 upon, or against a hole or other target that is either
22 physical or computer generated on a display or with
23 lights, provided that all of the following conditions are
24 met:
25 (A) The outcome of the game is predominantly
26 determined by the skill of the player.
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1 (B) The award of the prize is based solely upon the
2 player's achieving the object of the game or otherwise
3 upon the player's score.
4 (C) Only merchandise prizes are awarded.
5 (D) The wholesale value of prizes awarded in lieu
6 of tickets or tokens for single play of the device does
7 not exceed $25.
8 (E) The redemption value of tickets, tokens, and
9 other representations of value, which may be
10 accumulated by players to redeem prizes of greater
11 value, for a single play of the device does not exceed
12 $25.
13 (5) Video gaming terminals at a licensed
14 establishment, licensed truck stop establishment, licensed
15 large truck stop establishment, licensed fraternal
16 establishment, or licensed veterans establishment licensed
17 in accordance with the Video Gaming Act.
18 (a-5) "Internet" means an interactive computer service or
19 system or an information service, system, or access software
20 provider that provides or enables computer access by multiple
21 users to a computer server, and includes, but is not limited
22 to, an information service, system, or access software
23 provider that provides access to a network system commonly
24 known as the Internet, or any comparable system or service and
25 also includes, but is not limited to, a World Wide Web page,
26 newsgroup, message board, mailing list, or chat area on any
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1 interactive computer service or system or other online
2 service.
3 (a-6) "Access" has the meaning ascribed to the term in
4 Section 17-55.
5 (a-7) "Computer" has the meaning ascribed to the term in
6 Section 17-0.5.
7 (b) A "lottery" is any scheme or procedure whereby one or
8 more prizes are distributed by chance among persons who have
9 paid or promised consideration for a chance to win such
10 prizes, whether such scheme or procedure is called a lottery,
11 raffle, gift, sale, or some other name, excluding savings
12 promotion raffles authorized under Section 5g of the Illinois
13 Banking Act, Section 7008 of the Savings Bank Act, Section
14 42.7 of the Illinois Credit Union Act, Section 5136B of the
15 National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
16 Owners' Loan Act (12 U.S.C. 1463).
17 (c) A "policy game" is any scheme or procedure whereby a
18 person promises or guarantees by any instrument, bill,
19 certificate, writing, token, or other device that any
20 particular number, character, ticket, or certificate shall in
21 the event of any contingency in the nature of a lottery entitle
22 the purchaser or holder to receive money, property, or
23 evidence of debt.
24 (Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
25 102-558, eff. 8-20-21.)
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1 Section 15. The Prizes and Gifts Act is amended by by
2 changing Section 10 and by adding Sections 33 and 45 as
3 follows:
4 (815 ILCS 525/10)
5 Sec. 10. Definitions. As used in this Act:
6 "Bona fide product" means any item of real value, which
7 may include gift certificates to be used for or towards the
8 purchase of a retail item. "Bona fide product" does not
9 include discount coupons, Internet access, a telephone card, a
10 calling card, or a phone card.
11 "Catalog seller" means an entity (and its subsidiaries) or
12 a person at least 50% of whose annual revenues are derived from
13 the sale of products sold in connection with the distribution
14 of catalogs of at least 24 pages, which contain written
15 descriptions or illustrations and sale prices for each item of
16 merchandise and which are distributed in more than one state
17 with a total annual distribution of at least 250,000.
18 "Discount coupon" means a coupon that has a value worth
19 double the amount inserted into the electronic product
20 promotion kiosk and is used to offset the price of a retail
21 item at a store with a physical location or ecommerce website.
22 "No payment or purchase" means the process to participate
23 in a prize and gift kiosk without inserting anything of value
24 and limited to obtaining a code that will allow for free
25 participation through the mail pursuant to instructions
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1 contained within the prize and gift kiosk.
2 "Person" means a corporation, partnership, limited
3 liability company, sole proprietorship, or natural person.
4 "Prize" means a gift, award, or other item or service of
5 value that is offered or awarded to a participant in a real or
6 purported contest, competition, sweepstakes, scheme, plan, or
7 other selection process that involves an element of chance.
8 "Prize and gift kiosk" means a device used to promote the
9 purchase of a bona fide product and offers or awards a prize,
10 including cash, without requiring payment or purchase to
11 participate in compliance with paragraph (12) of subsection
12 (a) and paragraph (13) of subsection (b) of Section 28-1 of the
13 Criminal Code of 2012, contains a fill system which permits
14 the operation of the device solely determined on a fee basis or
15 the amount of revenue generated but does not include a system
16 based on time, number of spins or spin equivalent, or other
17 non-revenue based system, and automatically ceases to operate
18 upon the completion of a predetermined cycle, contains a route
19 boost plus internal monitoring system that accounts and
20 records (i) cash in, (ii) winnings, (iii) entries used, (iv)
21 power failures, disconnections from the monitoring system, and
22 malfunctions, and (v) remote activations and disabling.
23 However, the monitoring system shall not be able to control or
24 in any way alter the play of the prize and gift kiosk and shall
25 not provide for the monitoring or reading of personal or
26 financial information concerning patrons, and is not connected
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1 directly or indirectly to the Internet, either by cellular
2 modem, hard wire or wireless connection, or to a set of
3 interconnected networked devices in order to participate in
4 the game or contest or to receive or retrieve any data related
5 to the device unless the connected device is a redemption
6 vault that is for the sole purpose of redeeming a prize or
7 award.
8 "Retail value" of a prize means:
9 (1) a price at which the sponsor can substantiate that
10 a substantial quantity of the item or service offered as a
11 prize has been sold to the public; or
12 (2) if the sponsor is unable to satisfy the
13 requirement in subdivision (1), no more than 3 times the
14 amount the sponsor paid for the prize in a bona fide
15 purchase from an unaffiliated seller.
16 "Route boost plus" means an internal monitoring system
17 that accounts and records (i) cash in, (ii) winnings, (iii)
18 entries used, (iv) power failures, disconnections from the
19 monitoring system, and malfunctions, and (v) remote
20 activations and disabling. However, the monitoring system
21 shall not be able to control or in any way alter the play of
22 the prize and gift kiosk and shall not provide for the
23 monitoring or reading of personal or financial information
24 concerning patrons.
25 "Sponsor" means a person on whose behalf a promotion is
26 conducted to promote or advertise goods, services, or property
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1 of that person. "Sponsor" includes a person who conducts a
2 promotion on behalf of another sponsor.
3 (Source: P.A. 92-436, eff. 1-1-02.)
4 (815 ILCS 525/33 new)
5 Sec. 33. Prize and gift kiosk.
6 (a) It is unlawful for a person to operate on any premises
7 a prize and gift kiosk that fails to meet the technical
8 standard set forth in Section 10.
9 (b) No prize and gift kiosk shall be connected directly or
10 indirectly to the Internet, either by cellular modem, hard
11 wire or wireless connection, or to a set of interconnected
12 networked devices in order to participate in the game or
13 contest or to receive or retrieve any data related to the kiosk
14 or device unless the connected device is a redemption vault.
15 (c) It is unlawful for a prize and gift kiosk to offer the
16 sale of anything other than a bona fide product.
17 (d) It is unlawful to operate a prize and gift kiosk
18 without a self contained fill system which permits the
19 operation of the device solely determined on a fee basis or the
20 amount of revenue generated but does not include a system
21 based on time, number of spins or spin equivalent, or other
22 non-revenue based system, and automatically ceases to operate
23 upon the completion of a predetermined cycle.
24 (e) It is unlawful to operate a prize and gift kiosk
25 without a route boost plus internal monitoring system that
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1 accounts and records (i) cash in, (ii) winnings, (iii) entries
2 used, (iv) power failures, disconnections from the monitoring
3 system, and malfunctions, and (v) remote activations and
4 disabling. However, the monitoring system shall not be able to
5 control or in any way alter the play of the prize and gift
6 kiosk and shall not provide for the monitoring or reading of
7 personal or financial information concerning patrons.
8 (f) It is unlawful for a prize and gift kiosk to offer no
9 payment or purchase options other than provided for in Section
10 10.
11 (815 ILCS 525/45 new)
12 Sec. 45. Fee. A prize and gift kiosk shall be registered
13 with the Department of Revenue and shall remit the annual fee
14 as set by the Department of Revenue. Filing for a device other
15 than a prize and gift kiosk shall be deemed a violation of
16 filing a false report or form with the State. Violators shall
17 be subject to any and all penalties for such violation,
18 including, but not limited to, the seizure of the device. The
19 Department of Revenue and the Illinois Liquor Control
20 Commission or its designee, including any public or private
21 task force, shall have jurisdiction.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.
SB2636- 20 -LRB104 12693 LNS 23531 b 1 INDEX 2 Statutes amended in order of appearance 3 230 ILCS 40/354 720 ILCS 5/28-1from Ch. 38, par. 28-15 720 ILCS 5/28-1.2 new6 720 ILCS 5/28-2from Ch. 38, par. 28-27 815 ILCS 525/108 815 ILCS 525/33 new9 815 ILCS 525/45 new SB2636- 20 -LRB104 12693 LNS 23531 b SB2636 - 20 - LRB104 12693 LNS 23531 b 1 INDEX 2 Statutes amended in order of appearance 3 230 ILCS 40/35 4 720 ILCS 5/28-1 from Ch. 38, par. 28-1 5 720 ILCS 5/28-1.2 new 6 720 ILCS 5/28-2 from Ch. 38, par. 28-2 7 815 ILCS 525/10 8 815 ILCS 525/33 new 9 815 ILCS 525/45 new
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1 INDEX
2 Statutes amended in order of appearance
3 230 ILCS 40/35
4 720 ILCS 5/28-1 from Ch. 38, par. 28-1
5 720 ILCS 5/28-1.2 new
6 720 ILCS 5/28-2 from Ch. 38, par. 28-2
7 815 ILCS 525/10
8 815 ILCS 525/33 new
9 815 ILCS 525/45 new
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1 INDEX
2 Statutes amended in order of appearance
3 230 ILCS 40/35
4 720 ILCS 5/28-1 from Ch. 38, par. 28-1
5 720 ILCS 5/28-1.2 new
6 720 ILCS 5/28-2 from Ch. 38, par. 28-2
7 815 ILCS 525/10
8 815 ILCS 525/33 new
9 815 ILCS 525/45 new
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