ILCS » Chapter 230 · Act 40
Illinois Compiled Statutes

230 ILCS 40/35 (2026)

Display of license; confiscation; violation as felony

✓ current as of May 2026
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(230 ILCS 40/35)
    Sec. 35. Display of license; confiscation; violation as felony.
    (a) Each video gaming terminal shall be licensed by the Board before placement or operation on the premises of a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment. The license of each video gaming terminal shall be maintained at the location where the video gaming terminal is operated. Failure to do so is a petty offense with a fine not to exceed $100. Any licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment used for the conduct of gambling games in violation of this Act shall be considered a gambling place in violation of Section 28-3 of the Criminal Code of 2012. Every gambling device found in a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment operating gambling games in violation of this Act shall be subject to seizure, confiscation, and destruction as provided in Section 28-5 of the Criminal Code of 2012. Any license issued under the Liquor Control Act of 1934 to any owner or operator of a licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment that operates or permits the operation of a video gaming terminal within its establishment in violation of this Act shall be immediately revoked. No person may own, operate, have in his or her possession or custody or under his or her control, or permit to be kept in any place under his or her possession or control, any device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits when the award of credits is dependent upon chance.
    Nothing in this Section shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling under subsection (b) of Section 28-1 of the Criminal Code of 2012.
    A violation of this Section is a Class 4 felony. All devices that are owned, operated, or possessed in violation of this Section are hereby declared to be public nuisances and shall be subject to seizure, confiscation, and destruction as provided in Section 28-5 of the Criminal Code of 2012.
    The provisions of this Section do not apply to devices or electronic video game terminals licensed pursuant to this Act. A video gaming terminal operated for amusement only and bearing a valid amusement tax sticker shall not be subject to this Section until 30 days after the Board establishes that the central communications system is functional.
    (b) (1) The odds of winning each video game shall be posted on or near each video gaming terminal. The manner in which the odds are calculated and how they are posted shall be determined by the Board by rule.
    (2) No video gaming terminal licensed under this Act may be played except during the legal hours of operation allowed for the consumption of alcoholic beverages at the licensed establishment, licensed fraternal establishment, or licensed veterans establishment. A licensed establishment, licensed fraternal establishment, or licensed veterans establishment that violates this subsection is subject to termination of its license by the Board.
(Source: P.A. 101-31, eff. 6-28-19.)

    
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2014–2021 · leading case: Tomm's Redemption, Inc. v. Hamer, 2014 IL App (1st) 131005 (Ill. App. Ct. 2014).
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Tomm's Redemption, Inc. v. Hamer, 2014 IL App (1st) 131005 (Ill. App. Ct. 2014). “Section 35(a) of the Video Gaming Act (230 ILCS 40/35(a) (West 2010)), however, prohibits the possession or operation of “any device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits when the award of credits is…”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 4× “’ 230 ILCS 40/35(a). Effective January 1, 2014, Public Act 098-0111 amends section 35(a) of the VGA by adding the following language: Nothing in this Section shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling…”
Uncle Tom's, Inc. v. Lynn Plaza, LLC, 2021 IL App (1st) 200205 (Ill. App. Ct. 2021). “230 ILCS 40/35(a) (West 2018). ¶ 15 Pursuant to the Act, the Board has adopted regulations that, among other things, outline the duties and obligations of video gaming terminal operators and video gaming locations (11 Ill.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 5× “____________________________________________________________________________ OPINION ¶1 The defendant, the Illinois Gaming Board, had posted a document to its website (the Website Document) opining, inter alia, that certain devices called “Electronic Product Promotion Kiosks”…”
Fam. Amusement of N. Illinois, Inc. v. Accel Ent. Gaming LLC, 2018 IL App (2d) 170185 (Ill. App. Ct. 2018). “¶ 8 On May 25, 2016, Grap was arrested and charged with the crime of possessing multiple illegal gambling devices that were found in FA's warehouse, a violation of section 35(a) of the Act ( 230 ILCS 40/35(a) (West 2016)). (Section 35(a) requires all video-gaming terminals to be…”
Uncle Tom's, Inc. v. Lynn Plaza, LLC, 2021 IL App (1st) 200205 (Ill. App. Ct. 2021). “230 ILCS 40/35(a) (West 2018). ¶ 15 Pursuant to the Act, the Board has adopted regulations that, among other things, outline the duties and obligations of video gaming terminal operators and video gaming locations (11 Ill.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 5× “____________________________________________________________________________ OPINION ¶1 The defendant, the Illinois Gaming Board, had posted a document to its website (the Website Document) opining, inter alia, that certain devices called “Electronic Product Promotion Kiosks”…”
— 230 ILCS 40/35(a) — 7 cases
Tomm's Redemption, Inc. v. Hamer, 2014 IL App (1st) 131005 (Ill. App. Ct. 2014). “Section 35(a) of the Video Gaming Act (230 ILCS 40/35(a) (West 2010)), however, prohibits the possession or operation of “any device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits when the award of credits is…”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “’ 230 ILCS 40/35(a). Effective January 1, 2014, Public Act 098-0111 amends section 35(a) of the VGA by adding the following language: Nothing in this Section shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling…”
Uncle Tom's, Inc. v. Lynn Plaza, LLC, 2021 IL App (1st) 200205 (Ill. App. Ct. 2021). “230 ILCS 40/35(a) (West 2018). ¶ 15 Pursuant to the Act, the Board has adopted regulations that, among other things, outline the duties and obligations of video gaming terminal operators and video gaming locations (11 Ill.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “____________________________________________________________________________ OPINION ¶1 The defendant, the Illinois Gaming Board, had posted a document to its website (the Website Document) opining, inter alia, that certain devices called “Electronic Product Promotion Kiosks”…”
Fam. Amusement of N. Illinois, Inc. v. Accel Ent. Gaming LLC, 2018 IL App (2d) 170185 (Ill. App. Ct. 2018). “¶ 8 On May 25, 2016, Grap was arrested and charged with the crime of possessing multiple illegal gambling devices that were found in FA's warehouse, a violation of section 35(a) of the Act ( 230 ILCS 40/35(a) (West 2016)). (Section 35(a) requires all video-gaming terminals to be…”
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