Ill. Admin. Code tit. 86, § 432.160 - Restrictions and Limitations on the Sale of Pull Tabs
a) Licenses. No person or organization may
sell pull tabs or advertise pull tabs for sale in Illinois without having a
valid license to do so.
1) Licensed
manufacturers may sell pull tabs only to licensed suppliers, licensed suppliers
may sell pull tabs only to regular and limited licensees, and regular and
limited licensees may sell pull tabs only to the public. A manufacturer or
supplier may rely on its customers' representations that they are properly
licensed (under the license numbers provided by the customers) unless the
manufacturer or supplier has received notification from the Department that a
particular person or organization does not have a valid license.
2) Regular and limited licensees may obtain
pull tabs only from licensed suppliers. It is the responsibility of regular and
limited licensees to ensure that all pull tabs which they obtain are marked
with the name of the supplier on each pull tab. Regular and limited licensees
are requested to notify the Department whenever they receive any printed
material advertising the availability of pull tabs if no supplier's license
number appears on the material. A supplier's license number will be in the form
of the letters "PS" followed by a hyphen and one or more numerals. The
notification to the Department, which may consist entirely of a copy of the
printed material, should be addressed to the Illinois Department of Revenue,
Office of Bingo and Charitable Games, P.O. Box 19480, Springfield, Illinois
62794-9480.
b)
Locations. A regular or limited licensee may sell pull tabs only at the
locations stated on its license. Pull tabs may be sold only at the following
locations:
1) On premises owned or occupied
by a licensed organization and used by its members for general activities
(Section 4(6) of the Act). "Premises" means a distinct parcel of land and the
buildings thereon. Premises are "occupied" by an organization when the
organization is using the premises for its general activities in accordance
with a contractual right to possess the premises on a regular basis;
2) On premises owned or rented for conducting
bingo (Section 4(6) of the Act). If a licensee rents premises for the purpose
of conducting bingo, and does not regularly conduct other activities at other
times on such premises, then pull tabs may be sold on such premises only during
the licensee's bingo session, which is defined as "the time during which bingo
is conducted, including the time during which bingo cards are sold" (86 Ill.
Adm. Code
430.100
);
3) For regular licensees only,
at other premises specified in a special permit obtained pursuant to Section
432.110(d).
4) A license issued by the Department does
not grant an unqualified right to sell pull tabs at a specified location. If
premises are owned or controlled by a person or organization other than the
licensee, that person or organization may prohibit the licensee from selling
pull tabs on the premises.
EXAMPLE: The American Legion Post conducts bingo at the Moose Lodge. Although the Post may legally obtain a license to sell pull tabs at the Lodge, the Lodge is not required to allow the Post to sell pull tabs on the Lodge's premises - this would be a matter to be determined by and between the Post and the Lodge.
5) A
regular or limited license or a special permit shall be prominently displayed
in the area where pull tabs are sold. If pull tabs are sold in more than one
area on the licensed premises, the license shall be prominently displayed in
the area where the greatest volume of sales normally occurs. If pull tabs are
sold at multiple premises, the license shall be prominently displayed at the
premises where the greatest volume of sales normally occurs, and a sign stating
where the license is located shall be prominently displayed on all other
premises. "Prominently displayed" means that a license or sign is clearly
visible and legible to the naked eye. Under no circumstances may any licensee
duplicate or reproduce any license issued under the Act.
c) No person under the age of 18 years shall
play or participate in the sale of pull tabs. A person under the age of 18
years may be within the area where pull tabs are sold only when accompanied by
his or her parent or guardian (Section 4(5) of the Act).
d) Only a bona fide member or employee of the
regular or limited licensee may participate in the sale of pull tabs. A "bona
fide" member is one who has been a member of the licensee for at least 30 days
prior to participating in the sale of pull tabs. A "bona fide" employee is one
whose principal duties are other than managing or operating pull tabs or jar
games. No person may receive any remuneration or compensation for participating
in the sale of pull tabs.
e)
Regular and limited licensees must sell pull tabs for the price printed on the
tickets, but in no case may pull tabs be sold for more than $2 each. Pull tabs
must be sold for cash - no credit may be extended to purchasers. There shall be
no more than 6,000 tickets in each game.
f) No single pull tab prize may exceed $500
in cash or merchandise (valued at retail). The aggregate value of all prizes or
merchandise awarded in any single day shall not exceed $5,000 (Section 4(4) of
the Act). All winning pull tabs which are redeemed for prizes each day shall be
retained by the licensee for a period of 60 days, and shall be segregated from
winning pull tabs which are redeemed on other days. Winning pull tabs should be
defaced so that they may not be used or redeemed a second time, but defacement
must leave the prize amount printed on the ticket legible.
g) All advertising of pull tabs for sale in
Illinois by any licensee under this Act must include the license number and
name of the licensee.
h) The entire
net proceeds from the sale of pull tabs must be exclusively devoted to the
lawful purposes of the licensee (Section 4(1) of the Act). The net proceeds
(gross proceeds less cash returned to winners) must not be commingled with any
other funds belonging to the licensee (except interest paid on the deposited
proceeds), and must be deposited into the pull tabs checking account
established pursuant to Section
432.180(a).
i) No regular or limited licensee, while pull
tabs are being sold, shall knowingly permit entry to any part of the licensed
premises to any person who has been convicted of a felony or a violation of
Article 28 (gambling) of the Criminal Code of 1961 (Section 6 of the
Act).
Notes
Amended at 24 Ill. Reg. 8120, effective May 26, 2000
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