Ill. Admin. Code tit. 86 § 432.160

Current through Register Vol. 48, No. 50, December 13, 2024

Section 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).

Ill. Admin. Code tit. 86, § 432.160

Amended at 24 Ill. Reg. 8120, effective May 26, 2000