§1800.265. Duties of Sales Agents and Brokers

In addition to all other duties and obligations required by the Act and this Part, each licensed sales agent and broker, or any person of significant influence or control of a terminal operator that is engaged in the solicitation of use agreements or any other agreement that purports to control the placement and operation of video gaming terminals for that terminal operator, has an ongoing duty to comply with the following:

 

a)         Carry and display identification issued by the Board when engaged in the active solicitation of use agreements on behalf of a terminal operator;

 

b)         Pay a fee of $10 to the Board for any necessary replacement of identification;

 

c)         Return Board issued identification to the Board within 30 days upon expiration, surrender, or termination of licensure, or rescission of Board issued temporary identification;

 

d)         Only solicit or facilitate use agreements or agreements that purport to control the placement and operation of video gaming terminals with video gaming locations that comply with the Act and this Part;

 

e)         Offer or provide nothing of value to any video gaming location, or any person related to or affiliated with video gaming location as identified in Section 1800.350(a)(2) of this Part, as an incentive or inducement to locate, keep or maintain video gaming terminals at the video gaming location (see Section 1800.350);

 

f)         Affirmatively disclose to every video gaming location being solicited the identity of any terminal operator on whose behalf the person is acting when soliciting use agreements or any agreements that purport to control the placement and operation of video gaming terminals.

 

g)         Disclose to any terminal operator on whose behalf the sales agent and broker is acting the identity of any and all of that sales agent and broker's employees, subcontractors, or other persons who may assist the sales agent and broker in solicitation or facilitation of use agreements or other agreements that purport to control the placement and operation of video gaming terminals on behalf of that terminal operator. Sales agents and brokers shall make such disclosure before those persons may engage in any solicitation or facilitation on behalf of the terminal operator.

 

h)         Offer or provide nothing of value to any other person as any form of compensation or payment in connection with the solicitation of use agreements or agreements that purport to control the placement and operation of video gaming terminals on behalf of a terminal operator unless:

 

1)         The person is a licensed sales agent and broker, and

 

2)         The person has been disclosed to the terminal operator as having been involved in the solicitation of the agreement for which that person is receiving compensation or payment.

 

i)          Retain a record of all payments or compensation of any kind made to any person in connection with the solicitation of use agreements or any other agreements that purport to control the placement and operation of video gaming terminals.

 

(Source:  Added at 47 Ill. Reg. 2682, effective February 10, 2023)