A. Incorporation: This section incorporates herein by reference the charitable games act 1 (the "act"), as amended.
B. Organizations To Be Licensed; Eligibility if Debt Owed to Village: All organizations desiring to be licensed must be licensed by the Illinois department of revenue and follow the procedures of the act. All licensees must file a copy of the license with the director of law enforcement services of the village police department prior to conducting any charitable games.
1. Eligibility if Debt Owed to Village: See the provisions of Section 3-1-1(A) of this Code, which are incorporated by reference into this Title and Chapter and are applicable to the grant or issuance of any Village approvals, certificates, licenses or permits covered by this Chapter.
C. Compliance With Codes: All charitable games must be conducted in accordance with the village building and fire code requirements.
D. Location Of Games: The owner of any premises wishing to hold charitable games must obtain a providers' license, pursuant to section 5 of the act. However, if the premises are owned by the licensed organization, the organization will only need to obtain a providers' license if it wishes to allow other organizations to conduct charitable games on its premises, pursuant to section 6 of the act.
E. Penalties:
1. Any person who conducts or knowingly participates in an unlicensed charitable 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 provision of this act, or any person who fails to file a charitable games return or who files a fraudulent return or application 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 licensed under this act who signs a fraudulent return or application filed on behalf of such an organization, is guilty of a class A misdemeanor. Any second or subsequent violation of this act constitutes a class 4 felony.
2. Any organization that illegally conducts charitable games, in addition to other penalties provided for in this act, shall be subject to a civil penalty equal to the amount of gross proceeds derived from those unlicensed games, as well as confiscation and forfeiture of all charitable games equipment used in the conduct of those unlicensed games.
3. Any organization licensed to conduct charitable games that allows any form of illegal gambling to be conducted on the premises where charitable games are being conducted, in addition to other penalties provided for in this act, shall be subject to a civil penalty equal to the amount of gross proceeds derived on that day from charitable games and any illegal game that may have been conducted, as well as confiscation and forfeiture of all charitable games equipment used in the conduct of any unlicensed or illegal games.
4. Any person who violates any provision of this act or knowingly violates any rule of the department for the administration of this act, in addition to other penalties provided, shall be subject to a civil penalty not to exceed two hundred fifty dollars ($250.00) for each separate violation.
5. No person shall sell, lease or distribute for compensation within this state, or possess with intent to sell, lease or distribute for compensation within this state, any chips, representations of money, wheels, or any devices or equipment designed for use or used in the play of charitable games without first having obtained a license to do so from the department of revenue. Any person that knowingly violates this subsection E5 is guilty of a class A misdemeanor, the fine for which shall not exceed fifty thousand dollars ($50,000.00). (Ord. 11-2623, 3-28-2011; amd. Ord. 22-3091, 7-11-2022)
Notes
| 1 | 5. 230 ILCS 30/1 et seq. |