Chapter 9.12
GAMBLING
Sections:
9.12.010 Gambling designated – Exceptions.
9.12.020 Keeping a gambling place.
For statutory provisions authorizing municipalities to suppress gaming, gambling houses and lotteries, see 65 ILCS 5/11-5-1.
9.12.010 Gambling designated – Exceptions.
A. A person commits gambling when he:
1. Plays a game of chance or skill for money or other thing of value, unless excepted in subsection B of this section; or
2. Makes a wager upon the result of any game, contest or any political nomination, appointment or election; or
3. Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device; or
4. Contracts to have or give himself 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, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or grantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953, is not gambling within the meaning of this subsection (A)(4); or
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 has received in the course of a bet or wager; or
6. Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election; or
7. Sets up or promotes any lottery or sells, offers to sell or transfers any ticket or share for any lottery; or
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; or
9. Knowingly advertises any lottery or policy game or drafts, prints or publishes any lottery ticket or share, or any policy ticket, slip, record, document or similar device, or any advertisement of any lottery or policy game; or
10. 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 subsection (A)(10) 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; and
2. Offers of prizes, award 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; and
3. Pari-mutuel betting as authorized by the law of the state; and
4. Manufacture of gambling devices, including the acquisition of essential parts therefor 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; and
5. The game commonly known as “bingo,” when conducted in accordance with “An Act making lawful the conducting of bingo by certain nonprofit organizations, requiring licensing and prescribing regulations therefor”;
6. Lotteries when conducted by the state in accordance with the “Illinois Lottery Law,” enacted by the 78th General Assembly; or
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 subsection (B)(7), an “antique slot machine” is one manufactured twenty-five years ago or earlier.
9.12.020 Keeping a gambling place.
A “gambling place” is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place commits a Class A misdemeanor. Each subsequent offense is a Class 4 felony. When any premises is determined by the circuit court to be a gambling place:
A. Such premises is a public nuisance and may be proceeded against as such; and
B. All licenses, permits or certificates issued by the state or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of sixty days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license; and
C. Such premises of any person who knowingly permits thereon a violation of this section or RMC 9.12.010 shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under this section or RMC 9.12.010.
9.12.030 Horse races.
It is unlawful for any person, firm or corporation to accept any wager or bet on any horse race, which person, firm or corporation thereafter places said wager or bet at an authorized race track, irrespective of whether a fee is charged.
9.12.040 Mechanical devices.
A. It is unlawful for any person, firm or corporation to maintain for the use of the public or patrons or to permit the use of the following device:
1. Any mechanical pinball amusement device which is so constructed that the result of its operation depends upon chance, or upon the skill of the operator, or upon both; or
2. Any mechanical device which in its operation shoots or propels an electric light, ray or impulse to a target, in or upon any premises within the village to which the public is generally admitted in connection with the sale of goods, wares and merchandise, for entertainment of the public, or in private clubs or organizations to which only members and their guests are admitted.
B. In addition to the penalty provided in Chapter 1.20 RMC, the local liquor commissioner may suspend or revoke the license of any person, firm or corporation licensed to sell alcoholic liquor in the village who permits a violation of this section to occur on the premises covered by such license.