Current through Register Vol. 48, No. 38, September 20, 2024
a) In addition to considering all other
requirements under the Act and this Part, in deciding whether to approve direct
or indirect ownership or control of an Owner's license the Board shall consider
the impact of any economic concentration of the ownership or control. No direct
or indirect ownership or control shall be approved and no Owner's license shall
be issued or transferred to or held by any person or entity if the Board
determines that approval, issuance, transfer or holding will result in undue
economic concentration in the direct or indirect ownership or control of
riverboat gambling operations in Illinois.
b) For purposes of this Section, "undue
economic concentration" means that a person or entity would have actual or
potential domination of riverboat gambling in Illinois sufficient to:
1) substantially impede or suppress
competition among holders of Owner's licenses;
2) adversely impact the economic stability of
the riverboat casino industry in Illinois; or
3) negatively impact the purposes of the Act,
including tourism, economic development, benefits to local communities, and
State and local revenues.
c) In determining whether the issuance,
transfer or holding, directly or indirectly, of an Owner's license will result
in undue economic concentration, the Board shall consider the following
criteria:
1) The percentage share of the
market presently owned or controlled by a person or entity, directly or
indirectly, in each of the following categories:
i) The total number of licensed riverboat
casinos in Illinois;
ii) Total
riverboat casino square footage;
iii) Number of persons employed in the
riverboat gambling operation and any affiliated hotel operation;
iv) Number of guest rooms in an affiliated
hotel;
v) Number of Electronic
Gaming Devices;
vi) Number of table
games;
vii) Net revenue and
Adjusted Gross Receipts;
viii)
Table Win;
ix) Electronic Gaming
Device Win;
x) Table Drop;
and
xi) Electronic Gaming Device
Drop;
2) The estimated
increase in the market shares in the categories in subsection (c)(1) above if
the person or entity is approved, or is issued or permitted to hold the Owner's
license;
3) The relative position
of other persons or entities that own or control Owner's licenses in Illinois,
as evidenced by the market shares of each license in the categories in
subsection (c)(1) above;
4) The
current and projected financial condition of the riverboat gaming
industry;
5) Current market
conditions, including proximity and level of competition, consumer demand,
market concentration, and any other relevant characteristics of the
market;
6) Whether the licenses to
be issued, transferred or held, directly or indirectly, by the person or entity
have separate organizational structures or other independent
obligations;
7) The potential
impact on the projected future growth and development of the riverboat gambling
industry, the local communities in which licenses are located, and the State of
Illinois;
8) The barriers to entry
into the riverboat gambling industry, including the licensure requirements of
the Act and this Part, and whether the issuance or transfer to, or holding,
directly or indirectly, of, an Owner's license by the person or entity will
operate as a barrier to new companies and individuals desiring to enter the
market;
9) Whether the issuance or
transfer to or holding, directly or indirectly, of the license by the person or
entity will adversely impact on consumer interests, or whether such issuance,
transfer or holding is likely to result in enhancing the quality and customer
appeal of products and services offered by riverboat casinos in order to
maintain or increase their respective market shares;
10) Whether a restriction on the issuance or
transfer of a license to, or holding, directly or indirectly, of, an additional
license by the person is necessary in order to encourage and preserve
competition in casino operations; and
11) Any other information deemed relevant by
the Board.
