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HB3729 • 2026

VIDEO GAMING-VARIOUS

VIDEO GAMING-VARIOUS

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Robert "Bob" Rita
Last action
2026-04-17
Official status
Rule 19(a) / Re-referred to Rules Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

VIDEO GAMING-VARIOUS

VIDEO GAMING-VARIOUS

What This Bill Does

  • VIDEO GAMING-VARIOUS

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-04-17 Illinois General Assembly

    Rule 19(a) / Re-referred to Rules Committee

  2. 2026-04-17 Illinois General Assembly

    House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee

  3. 2026-04-17 Illinois General Assembly

    House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee

  4. 2026-04-17 Illinois General Assembly

    House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee

  5. 2026-04-07 Illinois General Assembly

    House Floor Amendment No. 3 Rules Refers to Gaming Committee

  6. 2026-04-06 Illinois General Assembly

    House Floor Amendment No. 3 Filed with Clerk by Rep. Robert "Bob" Rita

  7. 2026-04-06 Illinois General Assembly

    House Floor Amendment No. 3 Referred to Rules Committee

  8. 2026-03-24 Illinois General Assembly

    House Floor Amendment No. 1 Rules Refers to Gaming Committee

  9. 2026-03-24 Illinois General Assembly

    House Floor Amendment No. 2 Rules Refers to Gaming Committee

  10. 2026-03-23 Illinois General Assembly

    House Floor Amendment No. 1 Filed with Clerk by Rep. Robert "Bob" Rita

  11. 2026-03-23 Illinois General Assembly

    House Floor Amendment No. 1 Referred to Rules Committee

  12. 2026-03-23 Illinois General Assembly

    House Floor Amendment No. 2 Filed with Clerk by Rep. Robert "Bob" Rita

  13. 2026-03-23 Illinois General Assembly

    House Floor Amendment No. 2 Referred to Rules Committee

  14. 2026-03-12 Illinois General Assembly

    Approved for Consideration Rules Committee ; 005-000-000

  15. 2026-03-12 Illinois General Assembly

    Placed on Calendar 2nd Reading - Short Debate

  16. 2025-04-11 Illinois General Assembly

    Rule 19(a) / Re-referred to Rules Committee

  17. 2025-03-26 Illinois General Assembly

    Second Reading - Short Debate

  18. 2025-03-26 Illinois General Assembly

    Held on Calendar Order of Second Reading - Short Debate

  19. 2025-03-20 Illinois General Assembly

    Placed on Calendar 2nd Reading - Short Debate

  20. 2025-03-19 Illinois General Assembly

    Do Pass / Short Debate Gaming Committee ; 017-000-000

  21. 2025-03-11 Illinois General Assembly

    Assigned to Gaming Committee

  22. 2025-02-18 Illinois General Assembly

    First Reading

  23. 2025-02-18 Illinois General Assembly

    Referred to Rules Committee

  24. 2025-02-07 Illinois General Assembly

    Filed with the Clerk by Rep. Robert "Bob" Rita

Official Summary Text

VIDEO GAMING-VARIOUS

Current Bill Text

Read the full stored bill text
Illinois General Assembly - Full Text of HB3729

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HB3729 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3729

Introduced 2/18/2025, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

230 ILCS 40/5
230 ILCS 40/25

Amends the Video Gaming Act. Prohibits a terminal operator from
compensating a sales agent and broker based on a percentage of the
after-tax profits from a video gaming terminal, the net terminal income
from a video gaming terminal or attributed to licensed establishments, or
any other compensation metric based upon the performance of a video gaming
terminal in various licensed establishments. Provides that a terminal
operator shall not enter into any contract or agreement for the sharing,
splitting, or payment of net terminal income with any other person.
Prohibits any contract or agreement for the sharing, splitting, or payment
of net terminal income with any other person executed before January 1,
2025 from being amended, modified, or extended. Allows a terminal operator
to enter into a contract or agreement for the sharing, splitting, or
payment of net terminal income with any other person if such contract is
approved by the Illinois Gaming Board. Prohibits a sales agent and broker
from giving anything of value to a current or potential licensed
establishment. Prohibits a sales agent and broker that is not an owner of a
terminal operator to solicit or procure a use agreement or any other
contract or agreement that purports to control or authorize the placement
or operation of a video gaming terminal on behalf of a terminal operator
from a current or potential licensed establishment if that person is an
immediate family member of a direct or indirect owner, officer, director,
manager, employee, or a person who otherwise significantly influences or
controls the licensed establishment. Provides that any use agreement
currently authorizing the placement and operation of video gaming may
continue as a valid and enforceable use agreement through the end of the
current use agreement term, but shall not be amended, modified, extended,
or renewed after the effective date of the amendatory Act. Prohibits a
current or potential licensed establishment from accepting anything of
value from a terminal operator or sales agent and broker as any incentive
or inducement to locate video gaming terminals in that establishment and
licensed establishments. Makes other changes.
LRB104 10960 LNS 21042 b

A BILL FOR

HB3729
LRB104 10960 LNS 21042 b
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
Sections 5 and 25 as follows:

6

(230 ILCS 40/5)
7

Sec. 5.
Definitions.
As used in this Act:
8

"Board" means the Illinois Gaming Board.
9

"Credit" means one, 5, 10, or 25 cents either won or
10
purchased by a player.
11

"Distributor" means an individual, partnership,
12
corporation, or limited liability company licensed under this
13
Act to buy, sell, lease, or distribute video gaming terminals
14
or major components or parts of video gaming terminals to or
15
from terminal operators.
16

"Electronic card" means a card purchased from a licensed
17
establishment, licensed fraternal establishment, licensed
18
veterans establishment, licensed truck stop establishment, or
19
licensed large truck stop establishment for use in that
20
establishment as a substitute for cash in the conduct of
21
gaming on a video gaming terminal.
22

"Electronic voucher" means a voucher printed by an
23
electronic video game machine that is redeemable in the

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LRB104 10960 LNS 21042 b
1
licensed establishment for which it was issued.
2

"In-location bonus jackpot" means one or more video gaming
3
terminals at a single licensed establishment that allows for
4
wagers placed on such video gaming terminals to contribute to
5
a cumulative maximum jackpot of up to $10,000.
6

"Full-time basis" means an individual who is employed for
7
a basic wage for at least 35 hours each week or who renders any
8
other standard of service generally accepted by industry
9
customs or practice as full-time employment. "Full-time basis"
10
includes an individual for whom a W-2 is issued by a
11
professional employer organization and is a full-time employee
12
if he or she is employed in the service of the applicant for a
13
basic wage for at least 35 hours each week.

14

"Immediate family" means a spouse, other than a spouse who
15
is legally separated from the individual under a decree of
16
divorce or separate maintenance, parent, grandparent, sibling,
17
child, by blood, marriage, or adoption, grandchild, and
18
stepchild, by blood, marriage, or adoption.

19

"Terminal operator" means an individual, partnership,
20
corporation, or limited liability company that is licensed
21
under this Act and that owns, services, and maintains video
22
gaming terminals for placement in licensed establishments,
23
licensed truck stop establishments, licensed large truck stop
24
establishments, licensed fraternal establishments, or licensed
25
veterans establishments.
26

"Licensed technician" means an individual who is licensed

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LRB104 10960 LNS 21042 b
1
under this Act to repair, service, and maintain video gaming
2
terminals.
3

"Licensed terminal handler" means a person, including but
4
not limited to an employee or independent contractor working
5
for a manufacturer, distributor, supplier, technician, or
6
terminal operator, who is licensed under this Act to possess
7
or control a video gaming terminal or to have access to the
8
inner workings of a video gaming terminal. A licensed terminal
9
handler does not include an individual, partnership,
10
corporation, or limited liability company defined as a
11
manufacturer, distributor, supplier, technician, or terminal
12
operator under this Act.
13

"Manufacturer" means an individual, partnership,
14
corporation, or limited liability company that is licensed
15
under this Act and that manufactures or assembles video gaming
16
terminals.
17

"Supplier" means an individual, partnership, corporation,
18
or limited liability company that is licensed under this Act
19
to supply major components or parts to video gaming terminals
20
to licensed terminal operators.
21

"Net terminal income" means money put into a video gaming
22
terminal minus credits paid out to players.
23

"Video gaming terminal" means any electronic video game
24
machine that, upon insertion of cash, electronic cards or
25
vouchers, or any combination thereof, is available to play or
26
simulate the play of a video game, including but not limited to

HB3729
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LRB104 10960 LNS 21042 b
1
video poker, line up, and blackjack, as authorized by the
2
Board utilizing a video display and microprocessors in which
3
the player may receive free games or credits that can be
4
redeemed for cash. The term does not include a machine that
5
directly dispenses coins, cash, or tokens or is for amusement
6
purposes only.
7

"Licensed establishment" means any licensed retail
8
establishment where alcoholic liquor is drawn, poured, mixed,
9
or otherwise served for consumption on the premises, whether
10
the establishment operates on a nonprofit or for-profit basis.
11
"Licensed establishment" includes any such establishment that
12
has a contractual relationship with an inter-track wagering
13
location licensee licensed under the Illinois Horse Racing Act
14
of 1975, provided any contractual relationship shall not
15
include any transfer or offer of revenue from the operation of
16
video gaming under this Act to any licensee licensed under the
17
Illinois Horse Racing Act of 1975. Provided, however, that the
18
licensed establishment that has such a contractual
19
relationship with an inter-track wagering location licensee
20
may not, itself, be (i) an inter-track wagering location
21
licensee, (ii) the corporate parent or subsidiary of any
22
licensee licensed under the Illinois Horse Racing Act of 1975,
23
or (iii) the corporate subsidiary of a corporation that is
24
also the corporate parent or subsidiary of any licensee
25
licensed under the Illinois Horse Racing Act of 1975.
26
"Licensed establishment" does not include a facility operated

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LRB104 10960 LNS 21042 b
1
by an organization licensee, an inter-track wagering licensee,
2
or an inter-track wagering location licensee licensed under
3
the Illinois Horse Racing Act of 1975 or a riverboat licensed
4
under the Illinois Gambling Act, except as provided in this
5
paragraph. The changes made to this definition by Public Act
6
98-587 are declarative of existing law.
7

"Licensed fraternal establishment" means the location
8
where a qualified fraternal organization that derives its
9
charter from a national fraternal organization regularly
10
meets.
11

"Licensed veterans establishment" means the location where
12
a qualified veterans organization that derives its charter
13
from a national veterans organization regularly meets.
14

"Licensed truck stop establishment" means a facility (i)
15
that is at least a 3-acre facility with a convenience store,
16
(ii) with separate diesel islands for fueling commercial motor
17
vehicles, (iii) that sells at retail more than 10,000 gallons
18
of diesel or biodiesel fuel per month, and (iv) with parking
19
spaces for commercial motor vehicles. "Commercial motor
20
vehicles" has the same meaning as defined in Section 18b-101
21
of the Illinois Vehicle Code. The requirement of item (iii) of
22
this paragraph may be met by showing that estimated future
23
sales or past sales average at least 10,000 gallons per month.
24

"Licensed large truck stop establishment" means a facility
25
located within 3 road miles from a freeway interchange, as
26
measured in accordance with the Department of Transportation's

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LRB104 10960 LNS 21042 b
1
rules regarding the criteria for the installation of business
2
signs: (i) that is at least a 3-acre facility with a
3
convenience store, (ii) with separate diesel islands for
4
fueling commercial motor vehicles, (iii) that sells at retail
5
more than 50,000 gallons of diesel or biodiesel fuel per
6
month, and (iv) with parking spaces for commercial motor
7
vehicles. "Commercial motor vehicles" has the same meaning as
8
defined in Section 18b-101 of the Illinois Vehicle Code. The
9
requirement of item (iii) of this paragraph may be met by
10
showing that estimated future sales or past sales average at
11
least 50,000 gallons per month.
12

"Sales agent and broker" means an individual
, partnership,
13
corporation, limited liability company, or other business
14
entity
engaged in the solicitation or receipt of business from
15
current or potential licensed establishments, licensed
16
fraternal establishments, licensed veterans establishments,
17
licensed truck stop establishments, or licensed large truck
18
stop establishments
employed by a terminal operator on a
19
full-time basis

either on an employment or contractual basis
.
20
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)

21

(230 ILCS 40/25)
22

Sec. 25.
Restriction of licensees.
23

(a) Manufacturer. A person may not be licensed as a
24
manufacturer of a video gaming terminal in Illinois unless the
25
person has a valid manufacturer's license issued under this

HB3729
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LRB104 10960 LNS 21042 b
1
Act. A manufacturer may only sell video gaming terminals for
2
use in Illinois to persons having a valid distributor's
3
license.
4

(b) Distributor. A person may not sell, distribute, or
5
lease or market a video gaming terminal in Illinois unless the
6
person has a valid distributor's license issued under this
7
Act. A distributor may only sell video gaming terminals for
8
use in Illinois to persons having a valid distributor's or
9
terminal operator's license.
10

(c) Terminal operator. A person may not own, maintain, or
11
place a video gaming terminal unless he has a valid terminal
12
operator's license issued under this Act. A terminal operator
13
may only place video gaming terminals for use in Illinois in
14
licensed establishments, licensed truck stop establishments,
15
licensed large truck stop establishments, licensed fraternal
16
establishments, and licensed veterans establishments. No
17
terminal operator may give anything of value, including but
18
not limited to a loan or financing arrangement, to a licensed
19
establishment, licensed truck stop establishment, licensed
20
large truck stop establishment, licensed fraternal
21
establishment, or licensed veterans establishment as any
22
incentive or inducement to locate video terminals in that
23
establishment. Of the after-tax profits from a video gaming
24
terminal, 50% shall be paid to the terminal operator and 50%
25
shall be paid to the licensed establishment, licensed truck
26
stop establishment, licensed large truck stop establishment,

HB3729
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LRB104 10960 LNS 21042 b
1
licensed fraternal establishment, or licensed veterans
2
establishment, notwithstanding any agreement to the contrary.
3

(1) No terminal operator shall compensate a sales
4

agent and broker based on a (i) percentage of the
5

after-tax profits from a video gaming terminal, (ii) the
6

net terminal income from a video gaming terminal or
7

attributed to licensed establishments, licensed truck stop
8

establishments, licensed large truck stop establishments,
9

licensed fraternal establishments, and licensed veterans
10

establishments, or (iii) any other compensation metric
11

based upon the performance of a video gaming terminal in a
12

single, or series of, licensed establishments, licensed
13

truck stop establishments, licensed large truck stop
14

establishments, licensed fraternal establishments, and
15

licensed veterans establishments that such sales agent or
16

broker has procured on behalf of the terminal operator.
17

(2) A terminal operator shall not enter into any
18

contract or agreement for the sharing, splitting, or
19

payment of net terminal income with any other person,
20

except as stated in paragraph (4). Any contract or
21

agreement for the sharing, splitting, or payment of net
22

terminal income with any other person executed before
23

January 1, 2025 shall not be amended, modified, or
24

extended.
25

(3) No terminal operator shall compensate any person
26

other than its owner based on a (i) percentage of the

HB3729
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LRB104 10960 LNS 21042 b
1

after-tax profits from a video gaming terminal, (ii) the
2

net terminal income from a video gaming terminal or
3

attributed to licensed establishments, licensed truck stop
4

establishments, licensed large truck stop establishments,
5

licensed fraternal establishments, and licensed veterans
6

establishments, or (iii) any other compensation metric
7

based upon the performance of a video gaming terminal in a
8

single, or series of, licensed establishments, licensed
9

truck stop establishments, licensed large truck stop
10

establishments, licensed fraternal establishments, and
11

licensed veterans establishments, except as stated in
12

paragraph (4).
13

(4) A terminal operator may enter into a contract or
14

agreement for the sharing, splitting, or payment of net
15

terminal income with any other person if such contract is
16

approved by the Board pursuant to rules adopted by the
17

Board.

18

(5)
A video terminal operator that violates one or
19

more requirements of this subsection is guilty of a Class
20

4 felony and is subject to termination of his or her
21

license by the Board.
22

(d) Licensed technician. A person may not service,
23
maintain, or repair a video gaming terminal in this State
24
unless he or she (1) has a valid technician's license issued
25
under this Act, (2) is a terminal operator, or (3) is employed
26
by a terminal operator, distributor, or manufacturer.

HB3729
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LRB104 10960 LNS 21042 b
1

(d-5) Licensed terminal handler. No person, including, but
2
not limited to, an employee or independent contractor working
3
for a manufacturer, distributor, supplier, technician, or
4
terminal operator licensed pursuant to this Act, shall have
5
possession or control of a video gaming terminal, or access to
6
the inner workings of a video gaming terminal, unless that
7
person possesses a valid terminal handler's license issued
8
under this Act.
9

(d-10) Solicitation of use agreements.
10

(1)
A person may not solicit the signing of a use
11

agreement on behalf of a terminal operator or enter into a
12

use agreement as agent of a terminal operator unless that
13

person either has a valid sales agent and broker license
14

issued under this Act or owns, manages, or significantly
15

influences or controls the terminal operator.
Any
16

compensation paid to a sales agent and broker by a
17

terminal operator must be pursuant to a written agreement
18

or written policy and submitted to the Board.
19

(2) No sales agent and broker may give anything of
20

value, including, but not limited to, a loan or financing
21

arrangement, to a current or potential licensed
22

establishments, licensed truck stop establishments,
23

licensed large truck stop establishments, licensed
24

fraternal establishments, and licensed veterans
25

establishments as any incentive or inducement to locate
26

video terminals in that licensed establishments, licensed

HB3729
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LRB104 10960 LNS 21042 b
1

truck stop establishments, licensed large truck stop
2

establishments, licensed fraternal establishments, and
3

licensed veterans establishments. No sales agent and
4

broker shall be compensated based on a (i) percentage of
5

the after-tax profits from a video gaming terminal, (ii)
6

the net terminal income from a video gaming terminal or
7

attributed to licensed establishments, licensed truck stop
8

establishments, licensed large truck stop establishments,
9

licensed fraternal establishments, and licensed veterans
10

establishments, or (iii) any other compensation metric
11

based upon the performance of a video gaming terminal in a
12

single, or series of, licensed establishments, licensed
13

truck stop establishments, licensed large truck stop
14

establishments, licensed fraternal establishments, and
15

licensed veterans establishments that such sales agent or
16

broker has procured on behalf of a terminal operator. A
17

sales agent and broker that violates this paragraph is
18

guilty of a Class 4 felony and is subject to termination of
19

his or her license by the Board.
20

(3) No sales agent and broker that is not otherwise an
21

owner of a terminal operator may solicit or procure a use
22

agreement or any other contract or agreement that purports
23

to control or authorize the placement or operation of a
24

video gaming terminal on behalf of a terminal operator
25

from a current or potential licensed establishments,
26

licensed truck stop establishments, licensed large truck

HB3729
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LRB104 10960 LNS 21042 b
1

stop establishments, licensed fraternal establishments,
2

and licensed veterans establishments if that person is an
3

immediate family member of (i) a direct or indirect owner,
4

(ii) officer, (iii) director, (iv) manager, (v) employee,
5

or (vi) a person who otherwise significantly influences or
6

controls the licensed establishments, licensed truck stop
7

establishments, licensed large truck stop establishments,
8

licensed fraternal establishments, and licensed veterans
9

establishments. Any use agreement that does not comply
10

with this paragraph shall be null and void.
11

(4) Any use agreement currently authorizing the
12

placement and operation of video gaming may continue as a
13

valid and enforceable use agreement through the end of the
14

current use agreement term, but shall not be amended,
15

modified, extended, or renewed after the effective date of
16

this amendatory Act of the 104th General Assembly;
17

however, if the licensed establishments, licensed truck
18

stop establishments, licensed large truck stop
19

establishments, licensed fraternal establishments, and
20

licensed veterans establishments that is subject to an
21

agreement for the sharing, splitting, or payment of net
22

terminal income has not been authorized to go live with
23

video gaming by the Board or transitioned to a new
24

terminal operator to go live with video gaming by January
25

1, 2025, then that agreement with the sales agent shall be
26

void ab initio.

HB3729
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LRB104 10960 LNS 21042 b
1

(e) Licensed establishment. No video gaming terminal may
2
be placed in any licensed establishment, licensed veterans
3
establishment, licensed truck stop establishment, licensed
4
large truck stop establishment, or licensed fraternal
5
establishment unless the owner or agent of the owner of the
6
licensed establishment, licensed veterans establishment,
7
licensed truck stop establishment, licensed large truck stop
8
establishment, or licensed fraternal establishment has entered
9
into a written use agreement with the terminal operator for
10
placement of the terminals. A copy of the use agreement shall
11
be on file in the terminal operator's place of business and
12
available for inspection by individuals authorized by the
13
Board. A licensed establishment, licensed truck stop
14
establishment, licensed veterans establishment, or licensed
15
fraternal establishment may operate up to 6 video gaming
16
terminals on its premises at any time. A licensed large truck
17
stop establishment may operate up to 10 video gaming terminals
18
on its premises at any time.
No current or potential licensed
19
establishments, licensed truck stop establishments, licensed
20
large truck stop establishments, licensed fraternal
21
establishments, and licensed veterans establishments shall
22
accept anything of value from a terminal operator or sales
23
agent and broker, as any incentive or inducement to locate
24
video gaming terminals in that establishment and licensed
25
establishments, licensed truck stop establishments, licensed
26
large truck stop establishments, licensed fraternal

HB3729
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LRB104 10960 LNS 21042 b
1
establishments, and licensed veterans establishments. Any
2
person who violates such prohibition is guilty of a Class 4
3
felony and is subject to termination of his or her license by
4
the Board.

5

(f) (Blank).
6

(g) Financial interest restrictions. As used in this Act,
7
"substantial interest" in a partnership, a corporation, an
8
organization, an association, a business, or a limited
9
liability company means:

10

(A) When, with respect to a sole proprietorship, an
11

individual or his or her spouse owns, operates, manages,
12

or conducts, directly or indirectly, the organization,
13

association, or business, or any part thereof; or

14

(B) When, with respect to a partnership, the
15

individual or his or her spouse shares in any of the
16

profits, or potential profits, of the partnership
17

activities; or

18

(C) When, with respect to a corporation, an individual
19

or his or her spouse is an officer or director, or the
20

individual or his or her spouse is a holder, directly or
21

beneficially, of 5% or more of any class of stock of the
22

corporation; or

23

(D) When, with respect to an organization not covered
24

in (A), (B) or (C) above, an individual or his or her
25

spouse is an officer or manages the business affairs, or
26

the individual or his or her spouse is the owner of or

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1

otherwise controls 10% or more of the assets of the
2

organization; or

3

(E) When an individual or his or her spouse furnishes
4

5% or more of the capital, whether in cash, goods, or
5

services, for the operation of any business, association,
6

or organization during any calendar year; or
7

(F) When, with respect to a limited liability company,
8

an individual or his or her spouse is a member, or the
9

individual or his or her spouse is a holder, directly or
10

beneficially, of 5% or more of the membership interest of
11

the limited liability company.
12

For purposes of this subsection (g), "individual" includes
13
all individuals or their spouses whose combined interest would
14
qualify as a substantial interest under this subsection (g)
15
and whose activities with respect to an organization,
16
association, or business are so closely aligned or coordinated
17
as to constitute the activities of a single entity.
18

(h) Location restriction. A licensed establishment,
19
licensed truck stop establishment, licensed large truck stop
20
establishment, licensed fraternal establishment, or licensed
21
veterans establishment that is (i) located within 1,000 feet
22
of a facility operated by an organization licensee licensed
23
under the Illinois Horse Racing Act of 1975 or the home dock of
24
a riverboat licensed under the Illinois Gambling Act or (ii)
25
located within 100 feet of a school or a place of worship under
26
the Religious Corporation Act, is ineligible to operate a

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1
video gaming terminal. The location restrictions in this
2
subsection (h) do not apply if (A) a facility operated by an
3
organization licensee, a school, or a place of worship moves
4
to or is established within the restricted area after a
5
licensed establishment, licensed truck stop establishment,
6
licensed large truck stop establishment, licensed fraternal
7
establishment, or licensed veterans establishment becomes
8
licensed under this Act or (B) a school or place of worship
9
moves to or is established within the restricted area after a
10
licensed establishment, licensed truck stop establishment,
11
licensed large truck stop establishment, licensed fraternal
12
establishment, or licensed veterans establishment obtains its
13
original liquor license. For the purpose of this subsection,
14
"school" means an elementary or secondary public school, or an
15
elementary or secondary private school registered with or
16
recognized by the State Board of Education.
17

Notwithstanding the provisions of this subsection (h), the
18
Board may waive the requirement that a licensed establishment,
19
licensed truck stop establishment, licensed large truck stop
20
establishment, licensed fraternal establishment, or licensed
21
veterans establishment not be located within 1,000 feet from a
22
facility operated by an organization licensee licensed under
23
the Illinois Horse Racing Act of 1975 or the home dock of a
24
riverboat licensed under the Illinois Gambling Act. The Board
25
shall not grant such waiver if there is any common ownership or
26
control, shared business activity, or contractual arrangement

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1
of any type between the establishment and the organization
2
licensee or owners licensee of a riverboat. The Board shall
3
adopt rules to implement the provisions of this paragraph.
4

(h-5) Restrictions on licenses in malls. The Board shall
5
not grant an application to become a licensed video gaming
6
location if the Board determines that granting the application
7
would more likely than not cause a terminal operator,
8
individually or in combination with other terminal operators,
9
licensed video gaming location, or other person or entity, to
10
operate the video gaming terminals in 2 or more licensed video
11
gaming locations as a single video gaming operation.
12

(1) In making determinations under this subsection
13

(h-5), factors to be considered by the Board shall
14

include, but not be limited to, the following:
15

(A) the physical aspects of the location;
16

(B) the ownership, control, or management of the
17

location;
18

(C) any arrangements, understandings, or
19

agreements, written or otherwise, among or involving
20

any persons or entities that involve the conducting of
21

any video gaming business or the sharing of costs or
22

revenues; and
23

(D) the manner in which any terminal operator or
24

other related entity markets, advertises, or otherwise
25

describes any location or locations to any other
26

person or entity or to the public.

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1

(2) The Board shall presume, subject to rebuttal, that
2

the granting of an application to become a licensed video
3

gaming location within a mall will cause a terminal
4

operator, individually or in combination with other
5

persons or entities, to operate the video gaming terminals
6

in 2 or more licensed video gaming locations as a single
7

video gaming operation if the Board determines that
8

granting the license would create a local concentration of
9

licensed video gaming locations.
10

For the purposes of this subsection (h-5):
11

"Mall" means a building, or adjoining or connected
12
buildings, containing 4 or more separate locations.
13

"Video gaming operation" means the conducting of video
14
gaming and all related activities.
15

"Location" means a space within a mall containing a
16
separate business, a place for a separate business, or a place
17
subject to a separate leasing arrangement by the mall owner.
18

"Licensed video gaming location" means a licensed
19
establishment, licensed fraternal establishment, licensed
20
veterans establishment, licensed truck stop establishment, or
21
licensed large truck stop.
22

"Local concentration of licensed video gaming locations"
23
means that the combined number of licensed video gaming
24
locations within a mall exceed half of the separate locations
25
within the mall.
26

(i) Undue economic concentration. In addition to

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1
considering all other requirements under this Act, in deciding
2
whether to approve the operation of video gaming terminals by
3
a terminal operator in a location, the Board shall consider
4
the impact of any economic concentration of such operation of
5
video gaming terminals. The Board shall not allow a terminal
6
operator to operate video gaming terminals if the Board
7
determines such operation will result in undue economic
8
concentration. For purposes of this Section, "undue economic
9
concentration" means that a terminal operator would have such
10
actual or potential influence over video gaming terminals in
11
Illinois as to:
12

(1) substantially impede or suppress competition among
13

terminal operators;
14

(2) adversely impact the economic stability of the
15

video gaming industry in Illinois; or
16

(3) negatively impact the purposes of the Video Gaming
17

Act.
18

The Board shall adopt rules concerning undue economic
19
concentration with respect to the operation of video gaming
20
terminals in Illinois. The rules shall include, but not be
21
limited to, (i) limitations on the number of video gaming
22
terminals operated by any terminal operator within a defined
23
geographic radius and (ii) guidelines on the discontinuation
24
of operation of any such video gaming terminals the Board
25
determines will cause undue economic concentration.
26

(j) The provisions of the Illinois Antitrust Act are fully

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1
and equally applicable to the activities of any licensee under
2
this Act.
3
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)

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