ILCS » Chapter 230 · Act 40
Illinois Compiled Statutes

230 ILCS 40/78 (2026)

Authority of the Illinois Gaming Board

✓ current as of May 2026
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(230 ILCS 40/78)
    Sec. 78. Authority of the Illinois Gaming Board.
    (a) The Board shall have jurisdiction over and shall supervise all gaming operations governed by this Act. The Board shall have all powers necessary and proper to fully and effectively execute the provisions of this Act, including, but not limited to, the following:
        (1) To investigate applicants and determine the
    
eligibility of applicants for licenses and to select among competing applicants the applicants which best serve the interests of the citizens of Illinois.
        (2) To have jurisdiction and supervision over all
    
video gaming operations in this State and all persons in establishments where video gaming operations are conducted.
        (3) To adopt rules for the purpose of administering
    
the provisions of this Act and to prescribe rules, regulations, and conditions under which all video gaming in the State shall be conducted. Such rules and regulations are to provide for the prevention of practices detrimental to the public interest and for the best interests of video gaming, including rules and regulations (i) regarding the inspection of such establishments and the review of any permits or licenses necessary to operate an establishment under any laws or regulations applicable to establishments, (ii) to impose penalties for violations of this Act and its rules, and (iii) establishing standards for advertising video gaming.
    (b) The Board shall adopt emergency rules to administer this Act in accordance with Section 5-45 of the Illinois Administrative Procedure Act. For the purposes of the Illinois Administrative Procedure Act, the General Assembly finds that the adoption of rules to implement this Act is deemed an emergency and necessary to the public interest, safety, and welfare.
(Source: P.A. 98-31, eff. 6-24-13.)

    
Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 2014–2025 · leading case: J&J Ventures Gaming, LLC v. Wild, Inc., 2016 IL 119870 (Ill. 2016).
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J&J Ventures Gaming, LLC v. Wild, Inc., 2016 IL 119870 (Ill. 2016). · cites it 3× “230 ILCS 40/78 (West 2014). The Board also has all powers necessary and proper to effectively execute the provisions of the Act.”
J&J Ventures Gaming, LLC v. Wild, Inc, 2016 IL 119870 (Ill. 2017). · cites it 3× “230 ILCS 40/78 (West 2014). The Board also has all 1 These consolidated appeals arise from 10 lawsuits filed in three counties.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 5× “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes is section 5(c)(20.”
J&J Ventures Gaming, LLC v. Wild, Inc., 2015 IL App (5th) 140092 (Ill. App. Ct. 2015). · cites it 3× “” 230 ILCS 40/78(a) (West 2012). The legislature’s enactment of the Act included an amendment to the Riverboat Gambling Act, in which the legislature allocated “responsibility for administration and enforcement of the Video Gaming Act to the Illinois Gaming Board.”
Midwest Elec. Gaming, LLC v. Illinois Gaming Bd., 2025 IL App (1st) 241076-U (Ill. App. Ct. 2025). · cites it 3× “” 230 ILCS 40/78 (West 2024). Plaintiff has represented that it has a number of similar use agreements already in place, so the issue is bound to recur.”
J&J Ventures Gaming, LLC v. Wild, Inc., 2015 IL App (5th) 140092 (Ill. App. Ct. 2015). · cites it 3× “" 230 ILCS 40/78(a) (West 2012). The legislature's enactment of the Act included an amendment to the Riverboat Gambling Act, in which the legislature allocated "responsibility for administration and enforcement of the Video Gaming Act to the Illinois Gaming Board.”
Semb's, Inc. v. Gaming & Ent. Mgmt.-Illinois, LLC, 2014 IL App (3d) 130111 (Ill. App. Ct. 2014). “” 230 ILCS 40/78 (West 2012). ¶ 25 Pursuant to this directive, the Board adopted numerous administrative regulations.”
Fam. Amusement of N. Illinois, Inc. v. Accel Ent. Gaming LLC, 2018 IL App (2d) 170185 (Ill. App. Ct. 2018). · cites it 2× “¶ 46 The problem identified by FA is that, under the factual circumstances of this case, the language of the Order might have the effect of reaching payments that are arguably beyond the scope of the Board's power to regulate, either because they are unrelated to gambling or…”
Semb's, Inc. v. Gaming & Ent. Mgmt.-Illinois, LLC, 2014 IL App (3d) 130111 (Ill. App. Ct. 2014). “" 230 ILCS 40/78 (West 2012). ¶ 25 Pursuant to this directive, the Gaming Board adopted numerous administrative regulations.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 4× “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes in section 5(c)(20.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 4× “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes in section 5(c)(20.”
J&J Ventures Gaming, LLC v. Illinois Gaming Bd., 2024 IL App (5th) 230255 (Ill. App. Ct. 2024). · cites it 4× “230 ILCS 40/78 (West 2016); J&J Ventures, 2016 IL 119870, ¶ 27 .”
Show all 13 citing cases →
— 230 ILCS 40/78(a) — 5 cases
J&J Ventures Gaming, LLC v. Wild, Inc, 2016 IL 119870 (Ill. 2017). “230 ILCS 40/78 (West 2014). The Board also has all 1 These consolidated appeals arise from 10 lawsuits filed in three counties.”
J&J Ventures Gaming, LLC v. Wild, Inc., 2015 IL App (5th) 140092 (Ill. App. Ct. 2015). “” 230 ILCS 40/78(a) (West 2012). The legislature’s enactment of the Act included an amendment to the Riverboat Gambling Act, in which the legislature allocated “responsibility for administration and enforcement of the Video Gaming Act to the Illinois Gaming Board.”
Midwest Elec. Gaming, LLC v. Illinois Gaming Bd., 2025 IL App (1st) 241076-U (Ill. App. Ct. 2025). “” 230 ILCS 40/78 (West 2024). Plaintiff has represented that it has a number of similar use agreements already in place, so the issue is bound to recur.”
J&J Ventures Gaming, LLC v. Wild, Inc., 2015 IL App (5th) 140092 (Ill. App. Ct. 2015). “" 230 ILCS 40/78(a) (West 2012). The legislature's enactment of the Act included an amendment to the Riverboat Gambling Act, in which the legislature allocated "responsibility for administration and enforcement of the Video Gaming Act to the Illinois Gaming Board.”
J&J Ventures Gaming, LLC v. Illinois Gaming Bd., 2024 IL App (5th) 230255 (Ill. App. Ct. 2024). “230 ILCS 40/78 (West 2016); J&J Ventures, 2016 IL 119870, ¶ 27 .”
— 230 ILCS 40/78(a)(1) — 4 cases
J&J Ventures Gaming, LLC v. Wild, Inc., 2016 IL 119870 (Ill. 2016). “230 ILCS 40/78 (West 2014). The Board also has all powers necessary and proper to effectively execute the provisions of the Act.”
J&J Ventures Gaming, LLC v. Wild, Inc, 2016 IL 119870 (Ill. 2017). “230 ILCS 40/78 (West 2014). The Board also has all 1 These consolidated appeals arise from 10 lawsuits filed in three counties.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes is section 5(c)(20.”
J&J Ventures Gaming, LLC v. Illinois Gaming Bd., 2024 IL App (5th) 230255 (Ill. App. Ct. 2024). “230 ILCS 40/78 (West 2016); J&J Ventures, 2016 IL 119870, ¶ 27 .”
— 230 ILCS 40/78(a)(2) — 1 case
J&J Ventures Gaming, LLC v. Wild, Inc., 2015 IL App (5th) 140092 (Ill. App. Ct. 2015). “" 230 ILCS 40/78(a) (West 2012). The legislature's enactment of the Act included an amendment to the Riverboat Gambling Act, in which the legislature allocated "responsibility for administration and enforcement of the Video Gaming Act to the Illinois Gaming Board.”
— 230 ILCS 40/78(a)(3) — 5 cases
J&J Ventures Gaming, LLC v. Wild, Inc., 2016 IL 119870 (Ill. 2016). “230 ILCS 40/78 (West 2014). The Board also has all powers necessary and proper to effectively execute the provisions of the Act.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes is section 5(c)(20.”
Fam. Amusement of N. Illinois, Inc. v. Accel Ent. Gaming LLC, 2018 IL App (2d) 170185 (Ill. App. Ct. 2018). “¶ 46 The problem identified by FA is that, under the factual circumstances of this case, the language of the Order might have the effect of reaching payments that are arguably beyond the scope of the Board's power to regulate, either because they are unrelated to gambling or…”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes in section 5(c)(20.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes in section 5(c)(20.”
— 230 ILCS 40/78(b) — 3 cases
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes is section 5(c)(20.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes in section 5(c)(20.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “6) (West 2014)), and the Video Gaming Act limits it essentially to the licensing and supervising of video gaming operations (230 ILCS 40/78 (West 2014)). ¶ 35 Another significant provision for our purposes in section 5(c)(20.”
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