| |
|
| |
| 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 |
| |
1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated |
2 | Statutes, further providing for Category 2 slot machine |
3 | license; providing for local referendum in cities of the |
4 | first class; and further providing for number of slot machine |
5 | licenses. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 1304(b)(1) of Title 4 of the Pennsylvania |
9 | Consolidated Statutes, amended January 7, 2010 (P.L.1, No.1), is |
10 | amended to read: |
11 | § 1304. Category 2 slot machine license. |
12 | * * * |
13 | (b) Location.-- |
14 | (1) [Two] Except as provided under section 1304.1 |
15 | (relating to local referendum in cities of the first class), |
16 | two Category 2 licensed facilities and no more shall be |
17 | located by the board within a city of the first class, and |
18 | one Category 2 licensed facility and no more shall be located |
19 | by the board within a city of the second class. No Category 2 |
|
1 | licensed facility located by the board within a city of the |
2 | first class shall be within ten linear miles of a Category 1 |
3 | licensed facility regardless of the municipality where the |
4 | Category 1 licensed facility is located. Except for any |
5 | Category 2 licensed facility located by the board within a |
6 | city of the first class or a city of the second class, no |
7 | Category 2 licensed facility shall be located within 30 |
8 | linear miles of any Category 1 licensed facility that has |
9 | conducted over 200 racing days per year for the two calendar |
10 | years immediately preceding the effective date of this part |
11 | and not within 20 linear miles of any other Category 1 |
12 | licensed facility. Except for any Category 2 licensed |
13 | facility located by the board within a city of the first |
14 | class, no Category 2 licensed facility shall be located |
15 | within 20 linear miles of another Category 2 licensed |
16 | facility. |
17 | * * * |
18 | Section 2. Title 4 is amended by adding a section to read: |
19 | § 1304.1. Local referendum in cities of the first class. |
20 | (a) Referendum required.--If the board revokes the Category |
21 | 2 slot machine license of a slot machine licensee in a city of |
22 | the first class prior to the time the licensed facility becomes |
23 | operational, the board shall be prohibited from issuing the |
24 | license to any other applicant seeking to locate a licensed |
25 | facility within the city of the first class unless authority to |
26 | locate a licensed facility within the city has been approved by |
27 | the residents of the city in a public referendum. |
28 | (b) Submittal of referendum.-- |
29 | (1) The governing body of the city of the first class |
30 | shall submit, at the first municipal or general election |
|
1 | following the revocation of a gaming license in a city of the |
2 | first class under subsection (a), a referendum question to |
3 | the electors of the city of the first class seeking voter |
4 | approval to authorize the board to issue a Category 2 slot |
5 | machine license to an applicant who is seeking to locate a |
6 | licensed facility within the city. Prior to placing a |
7 | referendum question on the ballot, the governing body must |
8 | adopt a resolution under this section. The governing body |
9 | must give public notice of its intent to adopt the resolution |
10 | in the manner provided under section 306 of the act of |
11 | December 31, 1965 (P.L.1257, No.511), known as The Local Tax |
12 | Enabling Act, and must conduct at least two public hearings |
13 | on the resolution. |
14 | (2) The governing body shall submit the referendum |
15 | question required under this subsection to the election |
16 | officials of the county no later than 60 days prior to the |
17 | election. The election officials shall cause the referendum |
18 | question to be submitted to the electors of the city. |
19 | (3) The referendum question shall seek voter approval to |
20 | locate a Category 2 licensed facility within the city. The |
21 | referendum question shall be clear and in language that is |
22 | readily understandable by a layperson and may be framed in |
23 | the following form: |
24 | Do you favor authorizing the Pennsylvania Gaming |
25 | Control Board to issue a Category 2 slot machine license |
26 | to an applicant who seeks to operate a casino within the |
27 | city? |
28 | (4) The election officials of the county shall, in |
29 | consultation with the governing body and the board, draft a |
30 | nonlegal interpretative statement which shall accompany the |
|
1 | referendum question in accordance with section 201.1 of the |
2 | act of June 3, 1937 (P.L.1333, No.320), known as the |
3 | Pennsylvania Election Code. |
4 | (c) Outcome of referendum.--If the referendum question under |
5 | this section is approved, the board shall be authorized and |
6 | required to locate a Category 2 licensed facility in the city of |
7 | the first class. If the referendum question is not approved, the |
8 | board shall be required to locate a licensed facility in |
9 | accordance with this part in any area of the Commonwealth other |
10 | than a city of the first class. The board shall establish a |
11 | schedule for the receipt and consideration of new applications |
12 | for the revoked license. |
13 | (d) Majority approval.--Approval of the referendum required |
14 | under this subsection shall be by a majority of the electors |
15 | voting on the question in the city. |
16 | (e) Pennsylvania Election Code.--Proceedings under this |
17 | section shall be in accordance with the Pennsylvania Election |
18 | Code. |
19 | Section 3. Section 1307 of Title 4, amended January 7, 2010 |
20 | (P.L.1, No.1), is amended to read: |
21 | § 1307. Number of slot machine licenses. |
22 | The board may license no more than seven Category 1 licensed |
23 | facilities and no more than five Category 2 licensed |
24 | facilities[, as it may deem appropriate, as long as]. Except as |
25 | provided under section 1304.1 (relating to local referendum in |
26 | cities of the first class), two, and not more, Category 2 |
27 | licensed facilities [are] shall be located by the board within |
28 | the city of the first class and [that] one, and not more, |
29 | Category 2 licensed facility [is] shall be located by the board |
30 | within the city of the second class. The board may at its |
|
1 | discretion increase the total number of Category 2 licensed |
2 | facilities permitted to be licensed by the board by an amount |
3 | not to exceed the total number of Category 1 licenses not |
4 | applied for within five years following the effective date of |
5 | this part. Except as permitted by section 1328 (relating to |
6 | change in ownership or control of slot machine licensee), any |
7 | Category 1 license may be reissued by the board at its |
8 | discretion as a Category 2 license if an application for |
9 | issuance of such license has not been made to the board. The |
10 | board may license no more than three Category 3 [Licensed] |
11 | licensed facilities. |
12 | Section 4. This act shall take effect in 60 days. |
|