(A) A person commits gambling when, within the corporate limits of the village, he or she:
(1) Plays a game of chance or skill for money or other thing of value, unless excepted in division (B) below;
(2) Makes a wager upon the result of any game, contest or any political nomination, appoint- ment or election;
(3) Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
(4) Contracts to have or give himself, herself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, as described in 720 ILCS 5/28-1(a)(4);
(5) Knowingly owns or possesses any book, instrument or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he or she has received in the courses of a bet or wager;
(6) Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election;
(7) Sets up or promotes any lottery or sells, offers to sell or transfers any ticket or share for any lottery;
(8) Sets up or promotes any policy game or sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
(9) Knowingly drafts, prints or publishes any lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
(10) Knowingly advertises any lottery or policy game, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state; or
(11) Knowingly transmits information as to wagers, betting odds or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that, nothing in this division (A)(11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests.
(B) Participants in any of the following activities shall not be convicted of gambling:
(1) Agreements to compensate for loss caused by the happening of chance including, without limitation, contracts of indemnity or guaranty and life or health or accident insurance;
(2) Offers of prizes, awards or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest;
(3) Pari-mutuel betting as authorized by the law of the state;
(4) Manufacture of gambling devices, including the acquisition of essential parts therefore and the assembly thereof, for transportation in interstate or foreign commerce to any place outside the state when such transportation is not prohibited by any applicable federal law;
(5) The game commonly known as “bingo”, when conducted in accordance with 230 ILCS 25/1 et seq.;
(6) Lotteries, when conducted by the state in accordance with 20 ILCS 1605/1 et seq.;
(7) Possession of an antique slot machine that is neither used, nor intended to be used, in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this division (B)(7), an ANTIQUE SLOT MACHINE is one manufactured 25 years ago or earlier;
(8) Raffles, when conducted in accordance with 230 ILCS 15/1 et seq.;
(9) Charitable games when conducted in accordance with 230 ILCS 30/1 et seq.;
(10) Pull tabs and jar games when conducted under 230 ILCS 20/1 et seq.; and
(11) Gambling games conducted on riverboats when authorized under 230 ILCS 10/1 et seq.
(C) In prosecutions under division (A) above, circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(D) The following activity shall not be considered “gambling”, as set forth in division (A) above: use of any device for which a license or permit has been issued by the state’s Gaming Board, pursuant to the state’s Video Gaming Act, 230 ILCS 40/1 et seq., so long as such device is conducted in compliance with all the requirements of said act and all rules and regulations of the state’s Gaming Board. A device that meets the requirements of this section shall not be defined as a “gambling device”, pursuant to § 132.01 of this chapter.
(E) There is hereby imposed a license fee as set by the Board of Trustees from time to time, payable to the village annually, on any device within the village for which a license or permit has been issued by the state’s Gaming Board, pursuant to the state’s Video Gaming Act, 230 ILCS 40/1 et seq., which fee shall be paid by the owner of the operation in which the licensed or permitted device is located. Said per- year payment shall be due on the first day the said device is placed into service and on the anniversary of said license for each year thereafter that the device continues in service. A license will issue upon a showing of the appropriate state licenses or permits and must be displayed at the licensed premises.
(F) Any premises or property which uses a device that meets the requirements of this section shall not be considered a “gambling place”, pursuant to § 132.03 of this chapter, and such device or funds, money or other thing of value integrally related to the use of such device shall not be subject to seizure, confiscation or destruction by village authorities pursuant to § 132.04 of this chapter.
(2010 Code, § 135.02) (Ord. 12-08-01, passed - -2012)