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A02279
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
321
Session of
2019
INTRODUCED BY MARTIN AND AUMENT, MAY 6, 2019
AS AMENDED ON THIRD CONSIDERATION, JUNE 17, 2019
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for the option to prohibit
the location of an establishment license within a
municipality.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 5
PROHIBITION OPTIONS
Sec.
501. Definitions.
502. Municipal option for gaming.
§ 501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." As defined under 4 Pa.C.S. § 3102 (relating to
definitions).
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"Board." The Pennsylvania Gaming Control Board.
"County." A county of the third class , based upon county
classification in effect on the effective date of this
definition. Any reclassification of counties as a result of a
Federal decennial census or of a State's statute shall not apply
to this definition. WHICH HAS A POPULATION, BASED ON THE MOST
RECENT FEDERAL DECENNIAL CENSUS, OF AT LEAST 500,000.
"Establishment license." As defined under 4 Pa.C.S. § 3102.
"Establishment licensee." As defined under 4 Pa.C.S. § 3102.
"Municipality." A municipality city, borough, incorporated
town or township, including a home rule municipality, within a
county.
"Truck stop establishment." As defined under 4 Pa.C.S. §
3102.
§ 502. Municipal option for gaming.
(a) Prohibition.--Notwithstanding 4 Pa.C.S. § 3514 (relating
to establishment licenses), the following shall apply:
(1) A municipality may, by delivering a resolution of
the municipality's governing body to the board no later than
60 days after the effective date of this subsection, prohibit
the location of an establishment licensee within the
municipality as follows:
(i) Prior to the board approving an application and
issuing an establishment license within the municipality.
(ii) After an establishment license has been issued
within the municipality.
(2) An establishment licensee may not be located in a
municipality which has exercised its option under this
subsection.
(b) Repeal.--
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(1) In a municipality that prohibits the location of an
establishment licensee within the municipality under
subsection (a), an election may be held on the date of the
primary election immediately preceding a municipal election,
but not more than once in four years, to determine the will
of the electors with respect to the repeal of the prohibition
within the limits of the municipality.
(2) If an election has been held at the primary election
preceding a municipal election in any year, another election
may be held under this subsection at the primary election
occurring the fourth year after the prior election.
(3) If electors equal to at least 25% of the highest
vote cast for any office in the municipality at the last
preceding general election file a petition with the county
board of elections of the county, or the governing body of
the municipality adopts, by a majority vote, a resolution to
place a question on the ballot and a copy of the resolution
is filed with the board of elections of the county for a
referendum on the question of repeal of the prohibition, the
county board of elections shall cause a question to be placed
on the ballot or on the voting machine board. The question
shall be in the following form:
Do you favor the repeal of the prohibition against video
gambling within this municipality?
(4) If a majority of the electors voting on the question
vote "yes," the prohibition shall be repealed. If a majority
of the electors voting on the question vote "no," the
prohibition shall not be repealed.
(5) Proceedings under this subsection shall be in
accordance with the act of June 3, 1937 (P.L.1333, No.320),
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known as the Pennsylvania Election Code.
(6) A municipality that repeals its prior prohibition
under this subsection may not subsequently prohibit the
location of an establishment licensee within the
municipality.
(3) A PROHIBITION UNDER THIS SUBSECTION SHALL NOT BE
AFFECTED BY A RECLASSIFICATION OF COUNTIES AS A RESULT OF A
FEDERAL DECENNIAL CENSUS OR PURSUANT TO AN ACT OF THE GENERAL
ASSEMBLY OR BY A CHANGE IN THE POPULATION OF A COUNTY.
(B) RESCISSION OF PROHIBITION.--
(1) A MUNICIPALITY THAT PROHIBITS THE LOCATION OF AN
ESTABLISHMENT LICENSEE UNDER SUBSECTION (A) MAY RESCIND THAT
PROHIBITION AT ANY TIME BY DELIVERING A NEW RESOLUTION OF THE
MUNICIPALITY'S GOVERNING BODY TO THE BOARD.
(2) A MUNICIPALITY THAT RESCINDS ITS PRIOR PROHIBITION
ACCORDING TO THIS SUBSECTION MAY NOT SUBSEQUENTLY PROHIBIT
THE LOCATION OF AN ESTABLISHMENT LICENSEE IN THE
MUNICIPALITY.
(3) A MUNICIPALITY'S ABILITY TO RESCIND UNDER THIS
SUBSECTION SHALL NOT BE AFFECTED BY A RECLASSIFICATION OF
COUNTIES AS A RESULT OF A FEDERAL DECENNIAL CENSUS OR
PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY OR BY A CHANGE IN
THE POPULATION OF A COUNTY.
(c) Refund of fees.--If a truck stop establishment has been
approved for an establishment license or submits an application
and the fees for an establishment license as required under 4
Pa.C.S. § 4101 (relating to fees) and the municipality within
which the truck stop establishment is located elects to prohibit
establishment licensees under subsection (a), the board shall
refund the fees to the applicant.
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Section 2. This act shall take effect immediately.
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