Online Gambling in Illinois: an Expert Guide

The state has a broad view of what constitutes gambling, which gives regulators and law enforcement broad authority to prosecute illegal gaming. Notice the broad definition in the relevant code.

Section 28-1

A person commits gambling when he:

Plays a game of chance or skill for money or other thing of value

(c) Riverboat gambling conducted pursuant to this Act may be authorized upon any water within the State of Illinois or any water other than Lake Michigan which constitutes a boundary of the State of Illinois. A licensee may conduct riverboat gambling authorized under this Act regardless of whether it conducts excursion cruises. A licensee may permit the continuous ingress and egress of passengers for the purpose of gambling.

Before the Governor may enter into a compact with a Native American tribe authorizing the Native American tribe to conduct gambling in Illinois, the Governor must submit a request for authority to enter into the compact to the General Assembly. The Governor must include with that submission a copy of the proposed compact.

If the General Assembly enacts legislation authorizing the Governor to enter into the compact within 30 session days after the submission of the request by the Governor to the General Assembly under subsection (a), the Governor may enter into the compact. If the General Assembly does not enact legislation authorizing the Governor to enter into the compact within 30 session days after the submission of the request by the Governor to the General Assembly under subsection (a), the Governor may not enter into the compact.

The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only.

“Licensed establishment” means any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises, whether the establishment operates on a nonprofit or for-profit basis. “Licensed establishment” includes any such establishment that has a contractual relationship with an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975, provided any contractual relationship shall not include any transfer or offer of revenue from the operation of video gaming under this Act to any licensee licensed under the Illinois Horse Racing Act of 1975.

• “Charitable games event” or “event” means the type of fundraising event authorized by the Act at which participants pay to play charitable games for the chance of winning cash or noncash prizes.
• “Qualified organization” means:
• a charitable, religious, fraternal, veterans, labor, educational organization, or other institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation and which is exempt from federal income taxation under Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c) (10) or 501(c)(19) of the Internal Revenue Code;
• a veteran’s organization as defined in Section 1.1 of the “Bingo License and Tax Act” organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation; or
• An auxiliary organization of a veteran’s organization.
• “Religious organization” means any church, congregation, society, or organization founded for the purpose of religious worship.
• “Sponsoring organization” means a qualified organization that has obtained a license to conduct a charitable games event in conformance with the provisions of this Act.
• “Veterans’ organization” means an organization comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.

Neighboring Indiana passed laws to allow its riverboat casinos to move inland to brick-and-mortar casinos, which allow for more gaming space, convention halls, live concert venues, and other attractions. The Indiana cities of Gary and Hammond are suburbs of Chicago, meaning Indiana’s land-based casinos compete directly with Illinois casinos.

That is why Illinois has allowed Rivers Casino to move onto dry land, with other casinos to be built in the future: so players could continue to play their favorite table games.