THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, MAY 19, 2010

REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, MAY 19, 2010  

AN ACT

Amending Title 4 (Amusements) of the Pennsylvania Consolidated

Statutes, further providing for Category 2 slot machine

license; providing for licensed facilities in cities of the

first class; and further providing for number of slot machine

licenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1304 of Title 4 of the Pennsylvania

Consolidated Statutes, amended January 7, 2010 (P.L.1, No.1), is

amended to read:

§ 1304.  Category 2 slot machine license.

(a)  Eligibility.--

(1)  A person may be eligible to apply for a Category 2

license if the applicant, its affiliate, intermediary,

subsidiary or holding company is not otherwise eligible to

apply for a Category 1 license and the person is seeking to

locate a licensed facility in a city of the first class, a

city of the second class or a revenue- or tourism-enhanced

location. It shall not be a condition of eligibility to apply

for a Category 2 license to obtain a license from either the

State Horse Racing Commission or the State Harness Racing

Commission to conduct thoroughbred or harness race meetings

respectively with pari-mutuel wagering.

(2)  If the person seeking a slot machine license

proposes to place the licensed facility upon land designated

a subzone, an expansion subzone or an improvement subzone

under the act of October 6, 1998 (P.L.705, No.92), known as

the Keystone Opportunity Zone, Keystone Opportunity Expansion

Zone and Keystone Opportunity Improvement Zone Act, the

person shall, at any time prior to the application being

approved, submit a statement waiving the exemptions,

deductions, abatements or credits granted under the Keystone

Opportunity Zone, Keystone Opportunity Expansion Zone and

Keystone Opportunity Improvement Zone Act if the board

approves the application.

(b)  Location.--

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

be located by the board within a city of the first class[,

and one] in accordance with section 1304.1 (relating to

licensed facilities in cities of the first class). One 

Category 2 licensed facility and no more shall be located by

the board within a city of the second class. No Category 2

licensed facility located by the board within a city of the

first class shall be within ten linear miles of a Category 1

licensed facility regardless of the municipality where the

Category 1 licensed facility is located. Except for any

Category 2 licensed facility located by the board within a

city of the first class or a city of the second class, no

Category 2 licensed facility shall be located within 30

linear miles of any Category 1 licensed facility that has

conducted over 200 racing days per year for the two calendar

years immediately preceding the effective date of this part

and not within 20 linear miles of any other Category 1

licensed facility. Except for any Category 2 licensed

facility located by the board within a city of the first

class, no Category 2 licensed facility shall be located

within 20 linear miles of another Category 2 licensed

facility.

(2)  Within five days of approving a license for an

applicant with a proposed licensed facility consisting of

land designated a subzone, an expansion subzone or an

improvement subzone under the Keystone Opportunity Zone,

Keystone Opportunity Expansion Zone and Keystone Opportunity

Improvement Zone Act for a slot machine license under this

section, the board shall notify the Department of Community

and Economic Development. The notice shall include a

description of the land of the proposed licensed facility

which is designated a subzone, an expansion subzone or an

improvement subzone. Within five days of receiving the notice

required by this paragraph, the Secretary of Community and

Economic Development shall decertify the land of the proposed

licensed facility as being a subzone, an expansion subzone or

an improvement subzone. Upon decertification in accordance

with this paragraph and notwithstanding Chapter 3 of the

Keystone Opportunity Zone, Keystone Opportunity Expansion

Zone and Keystone Opportunity Improvement Zone Act, a

political subdivision may amend the ordinance, resolution or

other required action which granted the exemptions,

deductions, abatements or credits required by the Keystone

Opportunity Zone, Keystone Opportunity Expansion Zone and

Keystone Opportunity Improvement Zone Act to repeal the

exemptions, deductions, abatements or credits for the land

decertified.

(3)  Notwithstanding any other provision of law, the

governing body of a city of the first class shall not exempt

from real property taxation or provide any real property tax

abatement under the act of December 1, 1977 (P.L.237, No.76),

known as the Local Economic Revitalization Tax Assistance

Act, to a Category 2 licensed facility located within the

city, or any improvements to such facility, unless the owner

of the licensed facility enters into or has entered into a

tax settlement agreement or payment in lieu of taxes

agreement with the city, including any amendments,

supplements or modifications of such agreements.

Section 2.  Title 4 is amended by adding a section to read:

§ 1304.1.  Licensed facilities in cities of the first class.

(a)  Gaming districts.--The governing body of a city of the

first class shall by ordinance designate no fewer than five

areas within the city as gaming districts for local zoning and

land use purposes. Each gaming district shall be located in an

area of the city which does not violate the provisions of this

act, including the mileage restrictions under section 1304(b)

(relating to Category 2 slot machine license).

(b)  Siting.--Except as otherwise provided in subsection (c),

the board shall be prohibited from awarding a Category 2 slot

machine license to any applicant that seeks to locate a licensed

facility in an area other than a gaming district.

(c)  Failure to adopt ordinance.--If the governing body fails

to adopt the ordinance required under subsection (a) within 90

days after the effective date of this section, the provisions of

subsection (b) shall not apply to the board.

Section 3.  Section 1307 of Title 4, amended January 7, 2010

(P.L.1, No.1), is amended to read:

§ 1307.  Number of slot machine licenses.

The board may license no more than seven Category 1 licensed

facilities and no more than five Category 2 licensed facilities,

as it may deem appropriate, as long as two, and not more,

Category 2 licensed facilities are located by the board within

the city of the first class in accordance with section 1304.1

(relating to licensed facilities in cities of the first class) 

and that one, and not more, Category 2 licensed facility is

located by the board within the city of the second class. The

board may at its discretion increase the total number of

Category 2 licensed facilities permitted to be licensed by the

board by an amount not to exceed the total number of Category 1

licenses not applied for within five years following the

effective date of this part. Except as permitted by section 1328

(relating to change in ownership or control of slot machine

licensee), any Category 1 license may be reissued by the board

at its discretion as a Category 2 license if an application for

issuance of such license has not been made to the board. The

board may license no more than three Category 3 Licensed

facilities.

Section 4.  The addition of 4 Pa.C.S. § 1304.1 shall apply to

any application submitted for a Category 2 slot machine license

in a city of the first class after January 1, 2010.

Section 5.  This act shall take effect in 60 days.