STATE OF ILLINOIS IN THE ILLINOIS GAMING BOARD IN RE: THE DISCIPLINARY ACTION OF NO. THE 50 YARD LINE, INC., 50 YARD LINE, ESTABLISHMENT LICENSEE COMPLAINT FOR DISCIPLINARY ACTION The ILLINOIS GAMING BOARD (the ?Board? or in its Complaint against THE 50 YARD LINE, INC. 50 YARD I INII ("50 Yard"), the above-named licensee, states as follows: NATURE OF ACTION bun-i . This action is brought because 50 Yard has violated provisions of the Illinois Video Gaming Act the Illinois Riverboat Gambling Act and the Board?s Adopted Rules on Video Gaming (?Rules?) that prohibit the holder of any Board?issued license from engaging in conduct that would discredit or tend to discredit or adversely re?ect on the integrity of the Illinois gaming industry or the State of Illinois, including but not limited to, the failure to comply with the VGA, RGA, the .Rules, and any federal, state or local laWs or regulations. 2. This complaint is brought pursuant to Sections 45, 78(a)(3) and 80 of the VGA, Sections 5(c)(l 9(a) and 9(e) of. the as well as Rules 210, 270 and 310. 230 ILCS 40/45; 230 ILCS 40/78; 230 ILCS 40/80; 230 ILCS 10/5; 230 ILCS 10/9; 11 Ill. Adm. Code 1800.210, 1800.260 and 1800.310. PARTIES 3. The Board is the Illinois regulatory agency charged with. the responsibility of administering, regulating and enforcing the systems of gaming established by the VGA. The Board?s jurisdiction extends to every person, association, corporation, partnership and trust involved in Illinois video gaming operations. 4. 50 Yard is a Licensed Establishment, as de?ned by the VGA and the Rules. 5. As the holder of a license, 50 Yard is, and at all times relevant hereto was, required to comply with the VGA, RGA, the Rules, and any fedelal, state or local laws or regulations. FACTS 6. On or around April 23, 2015, the 1GB issued a Disciplinary Complaint against 50 Yard foi separate instances of illegal gambling in Septeinbe1 of 2014 and Januaiy of 2015; which fine was paid 111 the amount of 500. A copy of the April 23, 2015 Disciplinary Complaint 1s attached he1eto as "Exhibit 7. On or around November 28, 2015, 1GB agents conducted an overt site inSpection of 50 Yard. The 100% owner of 50 Yard, Mark A. Palaschak, was present during the inspection. 8. 1GB agents asked Mr. Palaschak whether he was conducting illegal gambling in the establishment, and he responded in the affirmative. 9. Mr. Palaschak then escorted agents to a small enclosed room at the end of the bar. Agents observed tip boards on the counter, payout money and records behind the counter, and additional tip boards inside a safe. The tip boards listed college football team names, the start times of the games and. which television network was broadcasting the games. 10. Also during that inspection, Mr. Palaschak inlormed IGB agents that he sold tips for each football game, paid the winner 80% and paid himself 20%. He further informed 1GB agents that, attei having incurred the April 2015 fine for illegal gambling, he had resumed said operations at his establishment in September of 2015. COUNT I (Violation of 230 ILCS 10H) .11. The Board rte?alleges Paragraphs 1 through 10 of the Disciplinary Complaint as if fully alleged in this Count and incorporates them herein by reference. 12. Rule 310 provides that licensees shall be subject to a disciplinary action for ?any act or failure to act by themselves or by their agents or employees that is injurious to the public health, safety, morals, good order and general welfare of the people of the State of Illinois, or that would discredit or tend to discredit the Illinois video gaming industry or the State of Illinois.? Rule 310 provides that ?[fjailing to comply with or make provision for compliance with the Act, this Part, any federal, State or local law or regulation, or a control system or protocol mandated by the Board" may be grounds for discipline. 11 Ill. Admin. Code 13. Conducting pull tabs without a valid license is prohibited under the Illinois P1111 Tabs and Jar Gaines Act, 2301LCS 20/1 et seq. 14. By conducting pull tabs activities by purchase of tips, 50 Yard, by and through its sole owner and agent, Mr. Palaschak, is in violation of the Illinois Pull Tabs and Jar Games Act and Rule 310; and is therefore subject to discipline as prescribed by Rule 310. ORE, based on the foregoing, 50 Yard should be disciplined in a manner deemed appropriate by the Board. COUNT II (Violation of 720 ILCS 5/28?1) 1.5. The Board re~alleges Paragraphs 1 through 10 of the Disciplinary Complaint as if fully alleged in this Count and incorporates them herein by reference. .16. Rule 310 provides that licensees shall be-subject to a disciplinary action for ?any act or failure to act by themselves or by their agents or employees that is injurious to the public health, safety, morals, good order and general welfare of the people of the State of Illinois, or that would discredit or tend to discredit the Illinois video gaming industry or the State of Illinois.? Rule 310 provides that "Mailing to comply with or make provision for compliance with the Act, this Part, any federal, State or local law or regulation, or a control system or protocol mandated by the Bear may be grounds for discipline. 11 Ill. Admin. Code 17. Section 28~1 of the Illinois Criminal Code provides, A person commits gambling when he or she knowingly owns or possesses any book, instrument, or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager; or knowingly sells pools upon the result of any game or contest of skill. 72011_.Cs 18. By conducting football pools and related pull tabs activities to raise money by purchase of tips, 50 Yard, by and through its sole owner and agent, Mr. Palaschak, is in violation of the Section 28? 1 of the Illinois Criminal Code and Rule 310; and 18 therefore subject to discipline as prescribed by Rule 310 WHEREFORE, based on the foregoing, 50 Yard should be disciplined in a manner deemed appropriate by the Board COUNT (Violation of Section of the RGA) 19. The Board re-alleges Paragraphs 1 through 10 of the Disciplinary Complaint as if fully alleged in this Count and incorporates them herein by reference. 20. Pursuant to Section 80 of the VGA, all provisions of the RGA and all rules promulgated therein apply to the VGA. 230 ILCS 40/80. 21. Section 9(e) of the RGA provides that the Board may suspend, revoke, or restrict any licensee for violations of any provision of the RGA or of any rules and regulations of this Board. Pursuant to Sections of the RGA, ?[t]he Board may suspend, revoke or restrict? any licensee for any just cause. 230 ILCS 22. ?l?he conduct of 50 Yard, by repeatedly committing illegal gambling, constitutes just cause to impose discipline, in accordance with Section 9 of the RGA. WHEREFORE, based on the "foregoing, 50 Yard shOuld be disciplined in a manner deemed appropriate by the Board. Dated this 23? day 2015. Respectfully submitted, MAR. ?ow Administrator Illinois Gaming Board NOTIFICATION OF DISCIPLINARY ACTION The Illinois Gaming Board, upon review of the Disciplinary Action and a summary of the evidence, ?nds facts suf?cient to authorize the issuance of a Disciplinary Complaint against licensee The 50 Yard Line, Inc. and to impose the following discipline: The Video Gaming Establishment License of The 50 Yard Line, Inc. shall be revoked for violations of the Video Gaming Act and the Adopted Rules, as set forth in Disciplinary Complaint No. unless you file an Answer to the Disciplinary Complaint within 21 days from the date of service of the Complaint, pursuant to Rule 720, 11 Ill. Admin. Code 1800.720. If you choose to ?le an Answer, which complies with every requirement of Rule 720, a hearing of?cer will be appointed. The Answer shall be mailed to: Illinois Gaming Board c/o Legal Department, 160 N. LaSalle St., Suite 300, Chicago, IL 6060]. VOTED BY THE GAMING BOARD on December 16, 2015. Illinois Gaming Board Mambati?wski Administrator Dated this 23"d day of December, 2015. DISCIPLINARY COMPLAINT The 50 Yard Line. Inc. License #140701193 423 E. Main Street Streator, 1L 61364 DISCIPLINARY ACTION You are hereby served with this Disciplinary Complaint pursuant to Section 78 of the Video Gaming Act, 230 11.. ES 40/1 et seq. (?the Act?) and Section 310 of the Illinois Gaming Board?s Adopted Rules, 11 Ill. Admin. Code 1800.110 et seq. (the ?Rules? for your violatioo of Sections 210 and 310 ofthc Rules. Pursuant to the authority under Section the Rules, The 50 Yard Line. Inc. has been fined $7,500.00. You may pay the tine by personal check or money order made payable to the Illinois Gaming Board. The payment must be received by the 1GB Within 21 days after you receive this Complaint. Payment must be sent by USPS Certi?ed Mail to: General Counsel, Illinois Gaming Board 160 N. LaSalle, Suite 300 Chicago, IL 60601. FACTS 1. On or about January 30, 2015, 103 Agents were on site at he 50 Yard Line, Inc. for a site inspection. 2. While on site, IGB Agents found evidence of tip boards, punch boards and football pool boards used for illegal gambling. - 3. The owner of The 50 Yard line, Inc. admitted that he knew it was illegal to operate illegal gambling at the location. 4. Rule 310 provides that licensees shall be subject to a disciplinary action for ?any act or failure to act by themselves or by their agents or employees that is injurious to the public health, safety,.morals, good order and general welfare of the people of the State of Illinois, err-that would discredit or tend to discredit the Illinois video gaming industry or the State of Illinois.? Rule 310 provides that the following may be grounds tin? discipline: (1) Failiog to comply with or make provision for compliance with the Act, this Part, any federal, State or local law or regulation, or a control system or protocol mandated by the Board. 11 [11. Admin. Code 1800.310. . 5. Additionally, Rule 210 describes the general duties of licensees, and provides that each licensee has an ongoing duty to comply with all federal, State, or local laws and regulations. 11 Ill. Adamo. Lode 1800.210. 6. ?Mark Pursuant to the Criminal Code of 2012, a person commits gambling when he or she: knowingly owns or possesses any book, instrument or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wagon? and knowingly sells pools upon the result of any game or contest of skill or chance. . . 720 ILCS By allowing spo?s betting and having illegal gambling paraphernalia on site, The 50 Yard Line, Inc. is in violation of Rules 210 and 310. REQUEST FOR HEARING PROCEDURE In lieu of payment of the ?ne, you are entitled to ?le an Answer to this Complaint within 21 days after you receive this Complaint. If you choose to ?le an Answer, it must comply with my requirement listed in Section 720 of the Rules [11 Ill. Admin. Code 1800.720], or it will 39]; be decepted. Your failure to ?le an Answer in compliance with Rule 720 means the ?ne will become effective and ?nal immediately. A copy of the rule is attached with this Complaint. If you choose to tile an Answer that complies with every requirement of Rule 720, a hearing of?cer will be appointed who will conduct a hearing to determine whether you violated the Rules. Failure to pay the fine or file an Answer within 21 days of receiving this Complaint will result in further discipline, up to and including the revocation of your Establishment License. dill/lilies: ., s. we. is" (betrowski Dated Administrator, Illinois Gaming Board