1Amending Title 4 (Amusements) of the Pennsylvania Consolidated
2Statutes, in general provisions, providing for binding ballot
3question; and, in licensees, further providing for location 
4of Category 2 slot machine license.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 4 of the Pennsylvania Consolidated Statutes
8is amended by adding a section to read:

9§ 1104. Binding ballot question.

10Notwithstanding any other provision of this title to the
11contrary, a municipality shall have the authority to place a
12binding ballot question before the electorate to approve or
13disapprove the expansion of gambling operations or increases in
14the number of licensees within the municipality.

15Section 2. Section 1304(b)(1) of Title 4 is amended to read:

16§ 1304. Category 2 slot machine license.

17* * *

18(b) Location.--

19(1) Two Category 2 licensed facilities and no more shall 

1be located by the board within a city of the first class, 
2provided that no facility shall be located within 1,500 feet 
3of any real property on which is located an existing 
4residence, public, private or parochial school, place of 
5worship, public recreation center, public park or public 
6playground, and one Category 2 licensed facility and no more 
7shall be located by the board within a city of the second 
8class. No Category 2 licensed facility located by the board 
9within a city of the first class shall be within ten linear 
10miles of a Category 1 licensed facility regardless of the 
11municipality where the Category 1 licensed facility is 
12located. Except for any Category 2 licensed facility located 
13by the board within a city of the first class or a city of 
14the second class, no Category 2 licensed facility shall be 
15located within 30 linear miles of any Category 1 licensed 
16facility that has conducted over 200 racing days per year for 
17the two calendar years immediately preceding the effective 
18date of this part and not within 20 linear miles of any other 
19Category 1 licensed facility. Except for any Category 2 
20licensed facility located by the board within a city of the 
21first class, no Category 2 licensed facility shall be located 
22within 20 linear miles of another Category 2 licensed 
23facility.

24* * *

25Section 3. The 1,500-foot limitation on Category 2 licensed 
26facilities in a city of the first class shall apply 
27retroactively to any license already provisionally issued, 
28conditionally issued or actually issued by the Pennsylvania 
29Gaming Control Board for a location in the city of the first 
30class. In the event of such retroactivity, such licensee, within 

190 days of the effective date of this section, may petition the 
2board pursuant to 4 Pa.C.S. § 1329 to transport the license to a 
3location that meets the 1,500-foot limitation. In the case of a 
4petition for transport pursuant to 4 Pa.C.S. § 1329, the 
5applicability of the 1,500-foot limitation shall be deemed to 
6constitute good cause shown. If a petition is not made within 90 
7days, or if any timely petition is not approved by the board, 
8any license for a property that does not conform with the 1,500-
9foot limitation shall be forfeited and, in such case, the 
10license shall become available to a future applicant and the 
11board shall again implement the licensing process to issue the 
12license in accordance with the provisions of 4 Pa.C.S.

13Section 4. This act shall take effect immediately.