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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4042

Introduced 2/6/2026, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

230 ILCS 40/5
230 ILCS 40/20
230 ILCS 40/25
230 ILCS 40/79.3 new

Amends the Video Gaming Act. Provides that each licensed
establishment, licensed truck stop establishment, licensed large truck
stop establishment, licensed fraternal establishment, or licensed veterans
establishment at which video gaming terminals are available shall have a
payout device approved by the Illinois Gaming Board. Provides that no cash
award for the maximum wager on any individual hand shall exceed the W-2G
reporting requirements set by the Internal Revenue Service (rather than
$1,199). Provides that cash awards shall be awarded in denominations
rounded to the nearest 5 cent credit, with rounding conducted upward or
downward as applicable. Sets forth circumstances under which a sales agent
or broker may not be compensated. Provides, with exceptions, 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. Sets forth prohibitions for sales agents and brokers in relation
to current or potential licensed establishments, licensed truck stop
establishments, licensed large truck stop establishments, licensed
fraternal establishments, and licensed veterans establishments. Provides
that no current or potential licensed establishments, licensed truck stop
establishments, licensed large truck stop establishments, licensed
fraternal establishments, and licensed veterans establishments shall
accept 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, licensed truck stop
establishments, licensed large truck stop establishments, licensed
fraternal establishments, and licensed veterans establishments. Provides
that no public officer may be granted a license under the Act. Sets forth
investigation provisions. Makes other changes.
LRB104 20774 LNS 34280 b

A BILL FOR

SB4042
LRB104 20774 LNS 34280 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, 20, and 25 and by adding Section 79.3 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
or 5, 10, or 25 cents cash award won by a
11
player
.
12

"Distributor" means an individual, partnership,
13
corporation, or limited liability company licensed under this
14
Act to buy, sell, lease, or distribute video gaming terminals
15
or major components or parts of video gaming terminals to or
16
from terminal operators.
17

"Electronic card" means a card purchased from a licensed
18
establishment, licensed fraternal establishment, licensed
19
veterans establishment, licensed truck stop establishment, or
20
licensed large truck stop establishment for use in that
21
establishment as a substitute for cash in the conduct of
22
gaming on a video gaming terminal.
23

"Electronic voucher" means a voucher printed by an

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1
electronic video game machine that is redeemable in the
2
licensed establishment for which it was issued.
3

"Immediate family" means a spouse, other than a spouse who
4
is legally separated from the individual under a decree of
5
divorce or separate maintenance, parent, grandparent, sibling,
6
child whether by blood, marriage, or adoption, grandchild, and
7
step-child, whether by blood, marriage, or adoption.

8

"In-location bonus jackpot" means one or more video gaming
9
terminals at a single licensed establishment that allows for
10
wagers placed on such video gaming terminals to contribute to
11
a cumulative maximum jackpot of up to $10,000.
12

"Full-time basis" means an individual who is employed for
13
a basic wage for at least 35 hours each week or who renders any
14
other standard of service generally accepted by industry
15
customs or practice as full-time employment. "Full-time basis"
16
includes an individual for whom a W-2 is issued by a
17
professional employer organization and is a full-time employee
18
if he or she is employed in the service of the applicant for a
19
basic wage for at least 35 hours each week.

20

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

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1

"Licensed technician" means an individual who is licensed
2
under this Act to repair, service, and maintain video gaming
3
terminals.
4

"Licensed terminal handler" means a person, including but
5
not limited to an employee or independent contractor working
6
for a manufacturer, distributor, supplier, technician, or
7
terminal operator, who is licensed under this Act to possess
8
or control a video gaming terminal or to have access to the
9
inner workings of a video gaming terminal. A licensed terminal
10
handler does not include an individual, partnership,
11
corporation, or limited liability company defined as a
12
manufacturer, distributor, supplier, technician, or terminal
13
operator under this Act.
14

"Manufacturer" means an individual, partnership,
15
corporation, or limited liability company that is licensed
16
under this Act and that manufactures or assembles video gaming
17
terminals.
18

"Supplier" means an individual, partnership, corporation,
19
or limited liability company that is licensed under this Act
20
to supply major components or parts to video gaming terminals
21
to licensed terminal operators.
22

"Net terminal income" means money put into a video gaming
23
terminal minus credits paid out to players.
24

"Video gaming terminal" means any electronic video game
25
machine that, upon insertion of cash, electronic cards or
26
vouchers, or any combination thereof, is available to play or

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LRB104 20774 LNS 34280 b
1
simulate the play of a video game, including but not limited to
2
video poker, line up, and blackjack, as authorized by the
3
Board utilizing a video display and microprocessors in which
4
the player may receive free games or credits that can be
5
redeemed for cash. The term does not include a machine that
6
directly dispenses coins, cash, or tokens or is for amusement
7
purposes only.
8

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

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1
"Licensed establishment" does not include a facility operated
2
by an organization licensee, an inter-track wagering licensee,
3
or an inter-track wagering location licensee licensed under
4
the Illinois Horse Racing Act of 1975 or a riverboat licensed
5
under the Illinois Gambling Act, except as provided in this
6
paragraph. The changes made to this definition by Public Act
7
98-587 are declarative of existing law.
8

"Licensed fraternal establishment" means the location
9
where a qualified fraternal organization that derives its
10
charter from a national fraternal organization regularly
11
meets.
12

"Licensed veterans establishment" means the location where
13
a qualified veterans organization that derives its charter
14
from a national veterans organization regularly meets.
15

"Licensed truck stop establishment" means a facility (i)
16
that is at least a 3-acre facility with a convenience store,
17
(ii) with separate diesel islands for fueling commercial motor
18
vehicles, (iii) that sells at retail more than 10,000 gallons
19
of diesel or biodiesel fuel per month, and (iv) with parking
20
spaces for commercial motor vehicles. "Commercial motor
21
vehicles" has the same meaning as defined in Section 18b-101
22
of the Illinois Vehicle Code. The requirement of item (iii) of
23
this paragraph may be met by showing that estimated future
24
sales or past sales average at least 10,000 gallons per month.
25

"Licensed large truck stop establishment" means a facility
26
located within 3 road miles from a freeway interchange, as

SB4042
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1
measured in accordance with the Department of Transportation's
2
rules regarding the criteria for the installation of business
3
signs: (i) that is at least a 3-acre facility with a
4
convenience store, (ii) with separate diesel islands for
5
fueling commercial motor vehicles, (iii) that sells at retail
6
more than 50,000 gallons of diesel or biodiesel fuel per
7
month, and (iv) with parking spaces for commercial motor
8
vehicles. "Commercial motor vehicles" has the same meaning as
9
defined in Section 18b-101 of the Illinois Vehicle Code. The
10
requirement of item (iii) of this paragraph may be met by
11
showing that estimated future sales or past sales average at
12
least 50,000 gallons per month.
13

"Person" means any individual or business entity.

14

"Sales agent and broker" means an individual
, partnership,
15
corporation, limited liability company, or other business
16
entity
engaged in the solicitation or receipt of business from
17
current or potential licensed establishments, licensed
18
fraternal establishments, licensed veterans establishments,
19
licensed truck stop establishments, or licensed large truck
20
stop establishments
employed by a terminal operator on a
21
full-time basis

either on an employment or contractual basis
.
22
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)

23

(230 ILCS 40/20)
24

Sec. 20.
Video gaming terminal payouts.

25

(a) A video gaming terminal may not directly dispense

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1
coins, cash, tokens, or any other article of exchange or value
2
except for receipt tickets. Tickets shall be dispensed by
3
pressing the ticket dispensing button on the video gaming
4
terminal at the end of one's turn or play. The ticket shall
5
indicate the total amount of credits and the cash award, the
6
time of day in a 24-hour format showing hours and minutes, the
7
date, the terminal serial number, the sequential number of the
8
ticket, and an encrypted validation number from which the
9
validity of the prize may be determined.
Each licensed
10
establishment, licensed truck stop establishment, licensed
11
large truck stop establishment, licensed fraternal
12
establishment, or licensed veterans establishment at which
13
video gaming terminals are available shall have a payout
14
device approved by the Board.

The player shall turn in this
15
ticket to the appropriate person at the licensed
16
establishment, licensed truck stop establishment, licensed
17
large truck stop establishment, licensed fraternal
18
establishment, or licensed veterans establishment to receive
19
the cash award.

20

(b) The cost of the credit shall be one cent, 5 cents, 10
21
cents, 25 cents, or $1, and the maximum wager played per hand
22
shall not exceed $4. No cash award for the maximum wager on any
23
individual hand shall exceed
the W-2G reporting requirements
24
set by the Internal Revenue Service. Cash awards shall be
25
awarded in denominations rounded to the nearest 5 cent credit,
26
with rounding conducted upward or downward as applicable

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LRB104 20774 LNS 34280 b
1
$1,199
. No cash award for the maximum wager on a jackpot,
2
progressive or otherwise, shall exceed $10,000.
3

(c) In-location bonus jackpot games are hereby authorized.
4
The Board shall adopt emergency rules pursuant to Section 5-45
5
of the Illinois Administrative Procedure Act to implement this
6
subsection (c) within 90 days after the effective date of this
7
amendatory Act of the 101st General Assembly. Jackpot winnings
8
from in-location progressive games shall be paid by the
9
terminal operator to the player not later than 3 days after
10
winning such a jackpot.
11
(Source: P.A. 101-31, eff. 6-28-19.)".

12

(230 ILCS 40/25)
13

Sec. 25.
Restriction of licensees.
14

(a) Manufacturer. A person may not be licensed as a
15
manufacturer of a video gaming terminal in Illinois unless the
16
person has a valid manufacturer's license issued under this
17
Act. A manufacturer may only sell video gaming terminals for
18
use in Illinois to persons having a valid distributor's
19
license.
20

(b) Distributor. A person may not sell, distribute, or
21
lease or market a video gaming terminal in Illinois unless the
22
person has a valid distributor's license issued under this
23
Act. A distributor may only sell video gaming terminals for
24
use in Illinois to persons having a valid distributor's or
25
terminal operator's license.

SB4042
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LRB104 20774 LNS 34280 b
1

(c) Terminal operator. A person may not own, maintain, or
2
place a video gaming terminal unless he has a valid terminal
3
operator's license issued under this Act. A terminal operator
4
may only place video gaming terminals for use in Illinois in
5
licensed establishments, licensed truck stop establishments,
6
licensed large truck stop establishments, licensed fraternal
7
establishments, and licensed veterans establishments. No
8
terminal operator may give anything of value, including but
9
not limited to a loan or financing arrangement, to a licensed
10
establishment, licensed truck stop establishment, licensed
11
large truck stop establishment, licensed fraternal
12
establishment, or licensed veterans establishment as any
13
incentive or inducement to locate video terminals in that
14
establishment. Of the after-tax profits from a video gaming
15
terminal, 50% shall be paid to the terminal operator and 50%
16
shall be paid to the licensed establishment, licensed truck
17
stop establishment, licensed large truck stop establishment,
18
licensed fraternal establishment, or licensed veterans
19
establishment, notwithstanding any agreement to the contrary.
20

(1) No terminal operator shall compensate a sales
21

agent and broker based on a (i) percentage of the
22

after-tax profits from a video gaming terminal, (ii) the
23

net terminal income from a video gaming terminal or
24

attributed to licensed establishments, licensed truck stop
25

establishments, licensed large truck stop establishments,
26

licensed fraternal establishments, and licensed veterans

SB4042
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LRB104 20774 LNS 34280 b
1

establishments, or (iii) any other compensation metric
2

based upon the performance of a video gaming terminal in a
3

single, or series of, licensed establishments, licensed
4

truck stop establishments, licensed large truck stop
5

establishments, licensed fraternal establishments, and
6

licensed veterans establishments that such sales agent or
7

broker has procured on behalf of the terminal operator.
8

(2) A terminal operator shall not enter into any
9

contract or agreement for the sharing, splitting, or
10

payment of net terminal income with any other person,
11

except as stated in paragraph (4). Any contract or
12

agreement for the sharing, splitting, or payment of net
13

terminal income with any other person executed before
14

January 1, 2025 shall not be amended, modified, or
15

extended.
16

(3) No terminal operator shall compensate any person
17

other than its owner based on a (i) percentage of the
18

after-tax profits from a video gaming terminal, (ii) the
19

net terminal income from a video gaming terminal or
20

attributed to licensed establishments, licensed truck stop
21

establishments, licensed large truck stop establishments,
22

licensed fraternal establishments, and licensed veterans
23

establishments, or (iii) any other compensation metric
24

based upon the performance of a video gaming terminal in a
25

single, or series of, licensed establishments, licensed
26

truck stop establishments, licensed large truck stop

SB4042
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LRB104 20774 LNS 34280 b
1

establishments, licensed fraternal establishments, and
2

licensed veterans establishments, except as stated in
3

paragraph (4).
4

(4) A terminal operator may enter into a contract or
5

agreement for the sharing, splitting, or payment of net
6

terminal income with any other person if such contract is
7

approved by the Board pursuant to rules adopted by the
8

Board.

9

(5)
A video terminal operator that violates one or
10

more requirements of this subsection is guilty of a Class
11

4 felony and is subject to termination of his or her
12

license by the Board.
13

(d) Licensed technician. A person may not service,
14
maintain, or repair a video gaming terminal in this State
15
unless he or she (1) has a valid technician's license issued
16
under this Act, (2) is a terminal operator, or (3) is employed
17
by a terminal operator, distributor, or manufacturer.
18

(d-5) Licensed terminal handler. No person, including, but
19
not limited to, an employee or independent contractor working
20
for a manufacturer, distributor, supplier, technician, or
21
terminal operator licensed pursuant to this Act, shall have
22
possession or control of a video gaming terminal, or access to
23
the inner workings of a video gaming terminal, unless that
24
person possesses a valid terminal handler's license issued
25
under this Act.
26

(d-10) Solicitation of use agreements.

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LRB104 20774 LNS 34280 b
1

(1)
A person may not solicit the signing of a use
2

agreement on behalf of a terminal operator or enter into a
3

use agreement as agent of a terminal operator unless that
4

person either has a valid sales agent and broker license
5

issued under this Act or owns, manages, or significantly
6

influences or controls the terminal operator.
7

(2) No sales agent and broker may give anything of
8

value, including, but not limited to, a loan or financing
9

arrangement, to a current or potential licensed
10

establishments, licensed truck stop establishments,
11

licensed large truck stop establishments, licensed
12

fraternal establishments, and licensed veterans
13

establishments as any incentive or inducement to locate
14

video terminals in that licensed establishments, licensed
15

truck stop establishments, licensed large truck stop
16

establishments, licensed fraternal establishments, and
17

licensed veterans establishments. No sales agent and
18

broker shall be compensated based on a (i) percentage of
19

the after-tax profits from a video gaming terminal, (ii)
20

the net terminal income from a video gaming terminal or
21

attributed to licensed establishments, licensed truck stop
22

establishments, licensed large truck stop establishments,
23

licensed fraternal establishments, and licensed veterans
24

establishments, or (iii) any other compensation metric
25

based upon the performance of a video gaming terminal in a
26

single, or series of, licensed establishments, licensed

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LRB104 20774 LNS 34280 b
1

truck stop establishments, licensed large truck stop
2

establishments, licensed fraternal establishments, and
3

licensed veterans establishments that such sales agent or
4

broker has procured on behalf of a terminal operator. A
5

sales agent and broker that violates this paragraph is
6

guilty of a Class 4 felony and is subject to termination of
7

his or her license by the Board.
8

(3) No sales agent and broker may solicit or procure a
9

use agreement or any other contract or agreement that
10

purports to control or authorize the placement or
11

operation of a video gaming terminal on behalf of a
12

terminal operator from a current or potential licensed
13

establishments, licensed truck stop establishments,
14

licensed large truck stop establishments, licensed
15

fraternal establishments, and licensed veterans
16

establishments if that person is an immediate family
17

member of (i) a direct or indirect owner, (ii) officer,
18

(iii) director, (iv) manager, (v) employee, or (vi) a
19

person who otherwise significantly influences or controls
20

the licensed establishments, licensed truck stop
21

establishments, licensed large truck stop establishments,
22

licensed fraternal establishments, and licensed veterans
23

establishments. Any use agreement that does not comply
24

with this paragraph shall be null and void.
25

(e) Licensed establishment. No video gaming terminal may
26
be placed in any licensed establishment, licensed veterans

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LRB104 20774 LNS 34280 b
1
establishment, licensed truck stop establishment, licensed
2
large truck stop establishment, or licensed fraternal
3
establishment unless the owner or agent of the owner of the
4
licensed establishment, licensed veterans establishment,
5
licensed truck stop establishment, licensed large truck stop
6
establishment, or licensed fraternal establishment has entered
7
into a written use agreement with the terminal operator for
8
placement of the terminals. A copy of the use agreement shall
9
be on file in the terminal operator's place of business and
10
available for inspection by individuals authorized by the
11
Board. A licensed establishment, licensed truck stop
12
establishment, licensed veterans establishment, or licensed
13
fraternal establishment may operate up to 6 video gaming
14
terminals on its premises at any time. A licensed large truck
15
stop establishment may operate up to 10 video gaming terminals
16
on its premises at any time.
No current or potential licensed
17
establishments, licensed truck stop establishments, licensed
18
large truck stop establishments, licensed fraternal
19
establishments, and licensed veterans establishments shall
20
accept anything of value from a terminal operator or sales
21
agent and broker, as any incentive or inducement to locate
22
video gaming terminals in that establishment and licensed
23
establishments, licensed truck stop establishments, licensed
24
large truck stop establishments, licensed fraternal
25
establishments, and licensed veterans establishments. Any
26
person who violates such prohibition is guilty of a Class 4

SB4042
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LRB104 20774 LNS 34280 b
1
felony and is subject to revocation of his or her license by
2
the Board.

3

(f) (Blank).
4

(g) Financial interest restrictions. As used in this Act,
5
"substantial interest" in a partnership, a corporation, an
6
organization, an association, a business, or a limited
7
liability company means:

8

(A) When, with respect to a sole proprietorship, an
9

individual or his or her spouse owns, operates, manages,
10

or conducts, directly or indirectly, the organization,
11

association, or business, or any part thereof; or

12

(B) When, with respect to a partnership, the
13

individual or his or her spouse shares in any of the
14

profits, or potential profits, of the partnership
15

activities; or

16

(C) When, with respect to a corporation, an individual
17

or his or her spouse is an officer or director, or the
18

individual or his or her spouse is a holder, directly or
19

beneficially, of 5% or more of any class of stock of the
20

corporation; or

21

(D) When, with respect to an organization not covered
22

in (A), (B) or (C) above, an individual or his or her
23

spouse is an officer or manages the business affairs, or
24

the individual or his or her spouse is the owner of or
25

otherwise controls 10% or more of the assets of the
26

organization; or

SB4042
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LRB104 20774 LNS 34280 b
1

(E) When an individual or his or her spouse furnishes
2

5% or more of the capital, whether in cash, goods, or
3

services, for the operation of any business, association,
4

or organization during any calendar year; or
5

(F) When, with respect to a limited liability company,
6

an individual or his or her spouse is a member, or the
7

individual or his or her spouse is a holder, directly or
8

beneficially, of 5% or more of the membership interest of
9

the limited liability company.
10

For purposes of this subsection (g), "individual" includes
11
all individuals or their spouses whose combined interest would
12
qualify as a substantial interest under this subsection (g)
13
and whose activities with respect to an organization,
14
association, or business are so closely aligned or coordinated
15
as to constitute the activities of a single entity.
16

(h) Location restriction. A licensed establishment,
17
licensed truck stop establishment, licensed large truck stop
18
establishment, licensed fraternal establishment, or licensed
19
veterans establishment that is (i) located within 1,000 feet
20
of a facility operated by an organization licensee licensed
21
under the Illinois Horse Racing Act of 1975 or the home dock of
22
a riverboat licensed under the Illinois Gambling Act or (ii)
23
located within 100 feet of a school or a place of worship under
24
the Religious Corporation Act, is ineligible to operate a
25
video gaming terminal. The location restrictions in this
26
subsection (h) do not apply if (A) a facility operated by an

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1
organization licensee, a school, or a place of worship moves
2
to or is established within the restricted area after a
3
licensed establishment, licensed truck stop establishment,
4
licensed large truck stop establishment, licensed fraternal
5
establishment, or licensed veterans establishment becomes
6
licensed under this Act or (B) a school or place of worship
7
moves to or is established within the restricted area after a
8
licensed establishment, licensed truck stop establishment,
9
licensed large truck stop establishment, licensed fraternal
10
establishment, or licensed veterans establishment obtains its
11
original liquor license. For the purpose of this subsection,
12
"school" means an elementary or secondary public school, or an
13
elementary or secondary private school registered with or
14
recognized by the State Board of Education.
15

Notwithstanding the provisions of this subsection (h), the
16
Board may waive the requirement that a licensed establishment,
17
licensed truck stop establishment, licensed large truck stop
18
establishment, licensed fraternal establishment, or licensed
19
veterans establishment not be located within 1,000 feet from a
20
facility operated by an organization licensee licensed under
21
the Illinois Horse Racing Act of 1975 or the home dock of a
22
riverboat licensed under the Illinois Gambling Act. The Board
23
shall not grant such waiver if there is any common ownership or
24
control, shared business activity, or contractual arrangement
25
of any type between the establishment and the organization
26
licensee or owners licensee of a riverboat. The Board shall

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adopt rules to implement the provisions of this paragraph.
2

(h-5) Restrictions on licenses in malls. The Board shall
3
not grant an application to become a licensed video gaming
4
location if the Board determines that granting the application
5
would more likely than not cause a terminal operator,
6
individually or in combination with other terminal operators,
7
licensed video gaming location, or other person or entity, to
8
operate the video gaming terminals in 2 or more licensed video
9
gaming locations as a single video gaming operation.
10

(1) In making determinations under this subsection
11

(h-5), factors to be considered by the Board shall
12

include, but not be limited to, the following:
13

(A) the physical aspects of the location;
14

(B) the ownership, control, or management of the
15

location;
16

(C) any arrangements, understandings, or
17

agreements, written or otherwise, among or involving
18

any persons or entities that involve the conducting of
19

any video gaming business or the sharing of costs or
20

revenues; and
21

(D) the manner in which any terminal operator or
22

other related entity markets, advertises, or otherwise
23

describes any location or locations to any other
24

person or entity or to the public.
25

(2) The Board shall presume, subject to rebuttal, that
26

the granting of an application to become a licensed video

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1

gaming location within a mall will cause a terminal
2

operator, individually or in combination with other
3

persons or entities, to operate the video gaming terminals
4

in 2 or more licensed video gaming locations as a single
5

video gaming operation if the Board determines that
6

granting the license would create a local concentration of
7

licensed video gaming locations.
8

For the purposes of this subsection (h-5):
9

"Mall" means a building, or adjoining or connected
10
buildings, containing 4 or more separate locations.
11

"Video gaming operation" means the conducting of video
12
gaming and all related activities.
13

"Location" means a space within a mall containing a
14
separate business, a place for a separate business, or a place
15
subject to a separate leasing arrangement by the mall owner.
16

"Licensed video gaming location" means a licensed
17
establishment, licensed fraternal establishment, licensed
18
veterans establishment, licensed truck stop establishment, or
19
licensed large truck stop.
20

"Local concentration of licensed video gaming locations"
21
means that the combined number of licensed video gaming
22
locations within a mall exceed half of the separate locations
23
within the mall.
24

(h-10) Public officer restriction. No public officer may
25
be granted a license under this Act. For purposes of this
26
subsection (h-10), "public officer" means a State, county, or

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1
municipality officer.

2

(i) Undue economic concentration. In addition to
3
considering all other requirements under this Act, in deciding
4
whether to approve the operation of video gaming terminals by
5
a terminal operator in a location, the Board shall consider
6
the impact of any economic concentration of such operation of
7
video gaming terminals. The Board shall not allow a terminal
8
operator to operate video gaming terminals if the Board
9
determines such operation will result in undue economic
10
concentration. For purposes of this Section, "undue economic
11
concentration" means that a terminal operator would have such
12
actual or potential influence over video gaming terminals in
13
Illinois as to:
14

(1) substantially impede or suppress competition among
15

terminal operators;
16

(2) adversely impact the economic stability of the
17

video gaming industry in Illinois; or
18

(3) negatively impact the purposes of the Video Gaming
19

Act.
20

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

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1
determines will cause undue economic concentration.
2

(j) The provisions of the Illinois Antitrust Act are fully
3
and equally applicable to the activities of any licensee under
4
this Act.
5
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)

6

(230 ILCS 40/79.3 new)
7

Sec. 79.3.
Investigation.
The Board, upon receipt of a
8
complaint or upon having knowledge that any person is engaged
9
in operating a video gaming terminal in this State without a
10
license, shall conduct an investigation. If, after conducting
11
an investigation, the Board is satisfied that the alleged
12
conduct occurred or is occurring, it may issue a cease and
13
desist notice, issue civil penalties, notify the Department of
14
Revenue, or file a complaint with the State's Attorney's
15
Office of the county where the incident occurred or with the
16
Attorney General.

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