Bill Text: PA HB23 | 2009-2010 | Regular Session | Introduced

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Bill Title: In general provisions, providing for binding ballot question; and, in licensees, further providing for location of Category 2 slot machine license.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-01-26 - Referred to GAMING OVERSIGHT [HB23 Detail]

Download: Pennsylvania-2009-HB23-Introduced.html

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PRINTER'S NO. 22
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 23 Session of2009
INTRODUCED BY M. O'BRIEN, SWANGER, JOSEPHS, TRUE, McILVAINE SMITH, BENNINGHOFF, CLYMER AND FLECK, JANUARY 26, 2009
REFERRED TO COMMITTEE ON GAMING OVERSIGHT , JANUARY 26, 2009
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, in general provisions, providing for binding ballot
question; and, in licensees, further providing for location
of Category 2 slot machine license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 4 of the Pennsylvania Consolidated Statutes
is amended by adding a section to read:
§ 1104. Binding ballot question.
Notwithstanding any other provision of this title to the
contrary, a municipality shall have the authority to place a
binding ballot question before the electorate to approve or
disapprove the expansion of gambling operations or increases in
the number of licensees within the municipality.
Section 2. Section 1304(b)(1) of Title 4 is amended to read:
§ 1304. Category 2 slot machine license.
* * *
(b) Location.--
(1) Two Category 2 licensed facilities and no more shall
be located by the board within a city of the first class,
provided that no facility shall be located within 1,500 feet
of any real property on which is located an existing
residence, public, private or parochial school, place of
worship, public recreation center, public park or public
playground, and 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.
* * *
Section 3. The 1,500-foot limitation on Category 2 licensed
facilities in a city of the first class shall apply
retroactively to any license already provisionally issued,
conditionally issued or actually issued by the Pennsylvania
Gaming Control Board for a location in the city of the first
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class. In the event of such retroactivity, such licensee, within
90 days of the effective date of this section, may petition the
board pursuant to 4 Pa.C.S. § 1329 to transport the license to a
location that meets the 1,500-foot limitation. In the case of a
petition for transport pursuant to 4 Pa.C.S. § 1329, the
applicability of the 1,500-foot limitation shall be deemed to
constitute good cause shown. If a petition is not made within 90
days, or if any timely petition is not approved by the board,
any license for a property that does not conform with the 1,500-
foot limitation shall be forfeited and, in such case, the
license shall become available to a future applicant and the
board shall again implement the licensing process to issue the
license in accordance with the provisions of 4 Pa.C.S.
Section 4. This act shall take effect immediately.
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