PRIOR PRINTER'S NO. 39 PRINTER'S NO. 3238
No. 14 Session of 2007
INTRODUCED BY M. O'BRIEN, CLYMER, J. TAYLOR, W. KELLER,
HENNESSEY, SWANGER, VITALI, JOSEPHS, YOUNGBLOOD, COX AND
DeWEESE, JANUARY 30, 2007
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 13, 2008
AN ACT
1 Amending Title 4 (Amusements) of the Pennsylvania Consolidated
2 Statutes, providing for binding ballot questions; AND FURTHER <--
3 PROVIDING FOR LOCATION OF CATEGORY 2 SLOT MACHINE LICENSE.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 4 of the Pennsylvania Consolidated Statutes
7 is amended by adding a section to read:
8 § 1214. Binding ballot question.
9 Notwithstanding any other provision of this title to the
10 contrary, a municipality shall have the authority to place a
11 binding ballot question before the electorate to approve or
12 disapprove the expansion of gambling operations or increases in
13 the number of licensees within the municipality.
14 SECTION 2. SECTION 1304(B)(1) OF TITLE 4 IS AMENDED TO READ: <--
15 § 1304. CATEGORY 2 SLOT MACHINE LICENSE.
16 * * *
17 (B) LOCATION.--
1 (1) TWO CATEGORY 2 LICENSED FACILITIES AND NO MORE SHALL
2 BE LOCATED BY THE BOARD WITHIN A CITY OF THE FIRST CLASS
3 PROVIDED THAT NO FACILITY SHALL BE LOCATED WITHIN 1,500 FEET
4 OF ANY REAL PROPERTY ON WHICH IS LOCATED AN EXISTING
5 RESIDENCE, PUBLIC, PRIVATE OR PAROCHIAL SCHOOL, PLACE OF
6 WORSHIP, PUBLIC RECREATION CENTER, PUBLIC PARK OR PUBLIC
7 PLAYGROUND, AND ONE CATEGORY 2 LICENSED FACILITY AND NO MORE
8 SHALL BE LOCATED BY THE BOARD WITHIN A CITY OF THE SECOND
9 CLASS. NO CATEGORY 2 LICENSED FACILITY LOCATED BY THE BOARD
10 WITHIN A CITY OF THE FIRST CLASS SHALL BE WITHIN TEN LINEAR
11 MILES OF A CATEGORY 1 LICENSED FACILITY REGARDLESS OF THE
12 MUNICIPALITY WHERE THE CATEGORY 1 LICENSED FACILITY IS
13 LOCATED. EXCEPT FOR ANY CATEGORY 2 LICENSED FACILITY LOCATED
14 BY THE BOARD WITHIN A CITY OF THE FIRST CLASS OR A CITY OF
15 THE SECOND CLASS, NO CATEGORY 2 LICENSED FACILITY SHALL BE
16 LOCATED WITHIN 30 LINEAR MILES OF ANY CATEGORY 1 LICENSED
17 FACILITY THAT HAS CONDUCTED OVER 200 RACING DAYS PER YEAR FOR
18 THE TWO CALENDAR YEARS IMMEDIATELY PRECEDING THE EFFECTIVE
19 DATE OF THIS PART AND NOT WITHIN 20 LINEAR MILES OF ANY OTHER
20 CATEGORY 1 LICENSED FACILITY. EXCEPT FOR ANY CATEGORY 2
21 LICENSED FACILITY LOCATED BY THE BOARD WITHIN A CITY OF THE
22 FIRST CLASS, NO CATEGORY 2 LICENSED FACILITY SHALL BE LOCATED
23 WITHIN 20 LINEAR MILES OF ANOTHER CATEGORY 2 LICENSED
24 FACILITY.
25 * * *
26 SECTION 3. THE 1,500-FOOT LIMITATION ON CATEGORY 2 LICENSED
27 FACILITIES IN A CITY OF THE FIRST CLASS SHALL APPLY
28 RETROACTIVELY TO ANY LICENSE ALREADY PROVISIONALLY ISSUED,
29 CONDITIONALLY ISSUED OR ACTUALLY ISSUED BY THE PENNSYLVANIA
30 GAMING CONTROL BOARD FOR A LOCATION IN THE CITY OF THE FIRST
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1 CLASS. IN THE EVENT OF SUCH RETROACTIVITY, SUCH LICENSEE, WITHIN
2 90 DAYS OF THE EFFECTIVE DATE OF THIS SECTION, MAY PETITION THE
3 BOARD PURSUANT TO 4 PA.C.S. § 1329 TO TRANSPORT THE LICENSE TO A
4 LOCATION THAT MEETS THE 1,500-FOOT LIMITATION. IN THE CASE OF A
5 PETITION FOR TRANSPORT PURSUANT TO 4 PA.C.S. § 1329, THE
6 APPLICABILITY OF THE 1,500-FOOT LIMITATION SHALL BE DEEMED TO
7 CONSTITUTE GOOD CAUSE SHOWN. IF A PETITION IS NOT MADE WITHIN 90
8 DAYS, OR IF ANY TIMELY PETITION IS NOT APPROVED BY THE BOARD,
9 ANY LICENSE FOR A PROPERTY THAT DOES NOT CONFORM WITH THE 1,500-
10 FOOT LIMITATION SHALL BE FORFEITED AND, IN SUCH CASE, THE
11 LICENSE SHALL BECOME AVAILABLE TO A FUTURE APPLICANT AND THE
12 BOARD SHALL AGAIN IMPLEMENT THE LICENSING PROCESS TO ISSUE THE
13 LICENSE IN ACCORDANCE WITH THE PROVISIONS OF 4 PA.C.S.
14 Section 2 4. This act shall take effect immediately. <--
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