Section 1800.430 Persons with Significant Influence or Control

TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING

SUBTITLE D: VIDEO GAMING

CHAPTER I: ILLINOIS GAMING BOARD

PART 1800 VIDEO GAMING (GENERAL)

SECTION 1800.430 PERSONS WITH SIGNIFICANT INFLUENCE OR CONTROL

Section 1800.430  Persons with Significant Influence or

Control

a)         The

Administrator shall identify each person that holds a position or level of

influence over or control in each applicant or licensee that is significant to

the regulatory concerns and obligations of the Board for the specified

applicant or licensee.

b)         Each

person identified as a person with significant influence or control shall

comply with the following:

1)         Cooperate

fully with any investigation conducted by or on behalf of the Board;

2)         Comply

with the Act and this Part; and

3)         Submit

initial and annual disclosure information on forms provided by the Board.

c)         An owner or person with significant influence or

control of a terminal operator shall not play any video gaming terminal owned

or leased by the terminal operator at any operating licensed location for

recreational purposes.

d)         Persons

with significant influence or control include, but are not limited, to the

following:

1)         Each

person in whose name the liquor license is maintained for each licensed video

gaming location;

2)         Each person

directly owning an applicant or licensee;

3)         Each

person who holds an indirect ownership interest of at least 5 percent in an

applicant or licensee;

4)         Each

person who, in the opinion of the Administrator, has the ability to influence

or control the activities of the applicant or licensee or elect a majority of

its board of directors, other than a bank or other licensed lending institution

that holds a mortgage or other lien, or any other source of funds, acquired in

the ordinary course of business;

5)         Persons

having the power to exercise significant influence or control over decisions

concerning any part of the applicant's or

he activities of the applicant or licensee or elect a majority of

its board of directors, other than a bank or other licensed lending institution

that holds a mortgage or other lien, or any other source of funds, acquired in

the ordinary course of business;

5)         Persons

having the power to exercise significant influence or control over decisions

concerning any part of the applicant's or licensee's video gaming operation;

6)         Any

person or business entity receiving any net terminal income pursuant to a

contractual agreement;

7)         Any

person or business entity holding an option agreement to acquire an equity

stake in a terminal operator licensee;

8)         Any

person employed or designated by a terminal operator as a progressive jackpot

coordinator.

9)         Any

person that has entered into a franchise agreement, licensing agreement,

intellectual property agreement, or other agreement that significantly controls

decisions at a video gaming location or its parent as a franchisor or

equivalent, when the video gaming location obtains greater than 50% of the

video gaming location's revenue from net terminal income.

e)         The

prohibition against gaming by persons with significant influence or control in

a licensed nonprofit establishment, licensed fraternal establishment or licensed

veterans establishment does not apply unless the person with significant

influence or control directly manages the establishment's video gaming

operation.