PRINTER'S NO. 3520
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2850
Session of
2022
INTRODUCED BY BURNS, SEPTEMBER 26, 2022
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, SEPTEMBER 26, 2022
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, in licensees, further providing for authorized slot
machine licenses and providing for Category 5 slot machine
license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301 of Title 4 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1301. Authorized slot machine licenses.
Except as provided under section 1305.1 (relating to Category
4 slot machine license) and 1305.3 (relating to Category 5 slot
machine license), there shall be three distinct classifications
of slot machine licenses, designated by category, each
permitting a licensed racing entity or person to apply for a
qualifying license category and, upon issuance by the board in
its discretion, to place and operate slot machines at a licensed
facility. Except for conditional Category 1 license applications
pursuant to section 1315 (relating to conditional Category 1
licenses), it is mandatory that the board shall consider,
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approve, condition or deny the approval of all initial
applications for each and every category of slot machine
licenses collectively and together, in a comprehensive Statewide
manner, within 12 months following the time set by the board at
which all applications are to be filed and deemed complete by
the board. The board shall approve, condition or deny the
issuance of a slot machine license of any category within the
time period provided for herein. Following approval of an
application for a slot machine license, the applicant shall
provide formal notification to the board as soon as:
(1) it fulfills all required conditions for issuance of
the license; and
(2) the board's decision approving the application is a
final, binding, nonappealable determination which is not
subject to a pending legal challenge.
Upon receipt of such formal notification and upon conducting any
necessary verification, the board shall issue a slot machine
license to the applicant.
Section 2. Title 4 is amended by adding a section to read:
§ 1305.3. Category 5 slot machine license.
(a) Eligibility.--A person may apply for a Category 5
license if the applicant or the applicant's affiliate,
intermediary, subsidiary or holding company is seeking to locate
a licensed facility in a county that can prove a well-documented
history of horse racing.
(b) Location.--
(1) The board may locate no more than one Category 5
licensed facility in a county that has no other licensed
facilities of any category. A Category 5 licensed facility
may not be located within 75 linear miles of another licensed
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facility regardless of the county where the other licensed
facility is located.
(2) The board shall notify the Department of Community
and Economic Development 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 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, for a slot machine license under this
section. The following shall apply:
(i) 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.
(ii) 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.
(iii) 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
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land decertified.
(c) Number of slot machines.--Notwithstanding the number of
permissible slot machines under section 1210 (relating to number
of slot machines), a Category 5 license granted under this
section shall entitle the licensed entity to operate no more
than 250 slot machines at the licensed facility, provided,
however, that a Category 5 slot machine licensee holding a table
game operation certificate shall be entitled to operate no more
than 300 slot machines at the licensed facility.
(d) Cost.--Each Category 5 license shall be sold for a price
equal to $20 per each person in a county under this section.
Section 3. This act shall take effect in 60 days.
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