Illinois Compiled Statutes
230 ILCS 40/5 (2026)
Definitions
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(230 ILCS 40/5)
Sec. 5. Definitions. As used in this Act:
"Board" means the Illinois Gaming Board.
"Credit" means one, 5, 10, or 25 cents either won or purchased by a player.
"Distributor" means an individual, partnership, corporation, or limited liability company licensed under
this Act to buy, sell, lease, or distribute video gaming terminals or major
components or parts of video gaming terminals to or from terminal
operators.
"Electronic card" means a card purchased from a licensed establishment, licensed fraternal establishment, licensed veterans establishment, licensed truck stop establishment, or licensed large truck stop establishment for use in that establishment as a substitute for cash in the conduct of gaming on a video gaming terminal. "Electronic voucher" means a voucher printed by an electronic video game machine that is redeemable in the licensed establishment for which it was issued. "In-location bonus jackpot" means one or more video gaming terminals at a single licensed establishment that allows for wagers placed on such video gaming terminals to contribute to a cumulative maximum jackpot of up to $10,000. "Terminal operator" means an individual, partnership, corporation, or limited liability company that is
licensed under this Act and that owns, services, and maintains video
gaming terminals for placement in licensed establishments, licensed truck stop establishments, licensed large truck stop establishments, licensed fraternal
establishments, or licensed veterans establishments.
"Licensed technician" means an individual
who
is licensed under this Act to repair,
service, and maintain
video gaming terminals.
"Licensed terminal handler" means a person, including but not limited to an employee or independent contractor working for a manufacturer, distributor, supplier, technician, or terminal operator, who is licensed under this Act to possess or control a video gaming terminal or to have access to the inner workings of a video gaming terminal. A licensed terminal handler does not include an individual, partnership, corporation, or limited liability company defined as a manufacturer, distributor, supplier, technician, or terminal operator under this Act. "Manufacturer" means an individual, partnership, corporation, or limited liability company that is
licensed under this Act and that manufactures or assembles video gaming
terminals.
"Supplier" means an individual, partnership, corporation, or limited liability company that is
licensed under this Act to supply major components or parts to video gaming
terminals to licensed
terminal operators.
"Net terminal income" means money put into a video gaming terminal minus
credits paid out to players.
"Video gaming terminal" means any electronic video game machine
that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of
a video game, including but not limited to video poker, line up, and blackjack, as
authorized by the Board utilizing a video display and microprocessors in
which the player may receive free games or credits that can be
redeemed for cash. 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. Provided, however, that the licensed establishment that has such a contractual relationship with an inter-track wagering location licensee may not, itself, be (i) an inter-track wagering location licensee, (ii) the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975, or (iii) the corporate subsidiary of a corporation that is also the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975. "Licensed establishment" does not include a facility operated by an organization licensee, an inter-track wagering licensee, or an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975 or a riverboat licensed under the Illinois Gambling Act, except as provided in this paragraph. The changes made to this definition by Public Act 98-587 are declarative of existing law.
"Licensed fraternal establishment" means the location where a qualified
fraternal organization that derives its charter from a national fraternal
organization regularly meets.
"Licensed veterans establishment" means the location where a qualified
veterans organization that derives its charter from a national veterans
organization regularly meets.
"Licensed truck stop establishment" means a facility (i) that is at least a
3-acre facility with a convenience store, (ii) with separate diesel
islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial
motor vehicles. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code. The requirement of item (iii) of this paragraph may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month.
"Licensed large truck stop establishment" means a facility located within 3 road miles from a freeway interchange, as measured in accordance with the Department of Transportation's rules regarding the criteria for the installation of business signs: (i) that is at least a
3-acre facility with a convenience store, (ii) with separate diesel
islands for fueling commercial motor vehicles, (iii) that sells at retail more than 50,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial
motor vehicles. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code. The requirement of item (iii) of this paragraph may be met by showing that estimated future sales or past sales average at least 50,000 gallons per month. "Sales agent and broker" means an individual, partnership, corporation, limited liability company, or other business entity engaged in the solicitation or receipt of business from current or potential licensed establishments, licensed fraternal establishments, licensed veterans establishments, licensed truck stop establishments, or licensed large truck stop establishments either on an employment or contractual basis. (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 2013–2025 · leading case: Triple 7 Illinois, LLC v. Gaming & Ent. Mgmt. - Illinois, LLC, 2013 IL App (3d) 120860 (Ill. App. Ct. 2013).
Triple 7 Illinois, LLC v. Gaming & Ent. Mgmt. - Illinois, LLC, 2013 IL App (3d) 120860 (Ill. App. Ct. 2013). “230 ILCS 40/5 (West 2012). The licensed individual or company that owns and maintains the video gaming terminals for placement in these licensed establishments is referred to as a “terminal operator.”
Dotty's Cafe v. Illinois Gaming Bd., 2019 IL App (1st) 173207 (Ill. App. Ct. 2019). “230 ILCS 40/5 (West 2016). ¶6 But, under the Gaming Act, there is a prohibition on certain individuals and businesses holding multiple licenses.”
J&J Ventures Gaming, LLC v. Wild, Inc., 2016 IL 119870 (Ill. 2016). “230 ILCS 40/5 (West 2014). The Act restricts the use of video gaming terminals by requiring that they be operated only at licensed establishments and by licensed terminal operators.”
J&J Ventures Gaming, LLC v. Wild, Inc, 2016 IL 119870 (Ill. 2017). “230 ILCS 40/5 (West 2014). The Act restricts the use of video gaming terminals by requiring that they be operated only at licensed establishments and by licensed terminal operators.”
Midwest Gaming & Ent., LLC v. The Cnty. of Cook, 2015 IL App (1st) 142786 (Ill. App. Ct. 2015). ““Gambling Machines” were defined as either a “Gambling Device” as defined by the Tax Ordinance or a “video gaming terminal” as defined by the Video Gaming Act (230 ILCS 40/5 (West 2012)). Cook County Ordinance No.”
Accel Ent. Gaming, LLC v. Vill. of Elmwood Park, 2015 IL App (1st) 143822 (Ill. App. Ct. 2015). “The video gaming terminals authorized by the Video Gaming Act can be placed in local establishments that are licensed to sell liquor, in fraternal organizations, and in veterans’ associations (230 ILCS 40/5 (West 2012)), which defendants argue are all establishments that are…”
Accel Ent. Gaming, LLC v. Vill. of Elmwood Park, 2015 IL App (1st) 143822 (Ill. App. Ct. 2016). “The video gaming terminals authorized by the Video Gaming Act can be placed in local establishments that are licensed to sell liquor, in fraternal organizations, and in veterans’ associations (230 ILCS 40/5 (West 2012)), which defendants argue are all establishments that are…”
Illinois Coin Mach. Operators Ass'n v. Cnty. of Cook, 2015 IL App (1st) 150547 (Ill. App. Ct. 2016). ““Gambling Machines” were defined as either a “Gambling Device” as defined by the Tax Ordinance or a “video gaming terminal” as defined by the Video Gaming Act (230 ILCS 40/5 (West 2012)). Cook County Ordinance No.”
C.Capp's LLC v. Jaffe, 2014 IL App (1st) 132696 (Ill. App. Ct. 2014). “230 ILCS 40/5 (West 2012). "Video gaming terminals" are electronic machines that accept cash or electronic cards or vouchers for the purpose of allowing users to play games such as video poker or blackjack.”
J&J Ventures Gaming, LLC v. Wild, Inc., 2015 IL App (5th) 140092 (Ill. App. Ct. 2015). “230 ILCS 40/5 (West 2012). A "terminal operator" is a person or entity licensed under the Act that owns, services, and maintains video gaming terminals for placement in licensed establishments.”
J&J Ventures Gaming, LLC v. Wild, Inc., 2015 IL App (5th) 140092 (Ill. App. Ct. 2015). “230 ILCS 40/5 (West 2012). A “terminal operator” is a person or entity licensed under the Act that owns, services, and maintains video gaming terminals for placement in licensed establishments.”
Semb's, Inc. v. Gaming & Ent. Mgmt.-Illinois, LLC, 2014 IL App (3d) 130111 (Ill. App. Ct. 2014). “; 230 ILCS 40/5 (West 2012). The entity that owns the terminals is termed a “terminal operator,” which the Act defines as an “individual, partnership, corporation, or limited liability company that is licensed under this Act and that owns, services, and maintains video gaming…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|