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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. O'BRIEN, CALTAGIRONE, JOSEPHS, SWANGER, BAKER, BARRAR, CLYMER, FLECK, KOTIK, STERN AND TALLMAN, FEBRUARY 4, 2011 |
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| REFERRED TO COMMITTEE ON GAMING OVERSIGHT, FEBRUARY 4, 2011 |
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| AN ACT |
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1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated |
2 | Statutes, in general provisions, providing for binding ballot |
3 | question; and, in licensees, further providing for location |
4 | of Category 2 slot machine license. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 4 of the Pennsylvania Consolidated Statutes |
8 | is amended by adding a section to read: |
9 | § 1104. Binding ballot question. |
10 | Notwithstanding any other provision of this title to the |
11 | contrary, a municipality shall have the authority to place a |
12 | binding ballot question before the electorate to approve or |
13 | disapprove the expansion of gambling operations or increases in |
14 | the number of licensees within the municipality. |
15 | Section 2. Section 1304(b)(1) of Title 4 is amended to read: |
16 | § 1304. Category 2 slot machine license. |
17 | * * * |
18 | (b) Location.-- |
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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 4. This act shall take effect immediately. |
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