HLS 10RS-2839 ENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 1426 BY REPRESENTATIVE EDWARDS GAMBLING/VIDEO POKER: Amends property restrictions regarding video draw poker establishments AN ACT1 To amend and reenact R.S. 27:306(C)(5)(a)(ii), relative to the Video Draw Poker Devices2 Control Law; to provide with respect to the location of certain qualified truck stop3 facilities; to provide with respect to prohibitions; to provide for exceptions; and to4 provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 27:306(C)(5)(a)(ii) is hereby amended and reenacted to read as7 follows: 8 ยง306. State license qualifications; limitations; right to hearing9 C.10 * * *11 (5)(a) 12 * * *13 (ii) The subsequent construction, erection, development, or movement of a14 property on the National Historic Registry, public playground, church, synagogue,15 public library, or school which causes the truck stop facility to be located within the16 prohibited distance as provided in this Paragraph shall not be cause for revocation,17 withholding, denial of an application, nonrenewal of a license, or issuance of a new18 license. The subsequent construction, erection, development, or movement of a19 property on the National Historic Registry, public playground, church, synagogue,20 HLS 10RS-2839 ENGROSSED HB NO. 1426 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. public library, or school following the application for a license to operate video draw1 poker devices at a truck stop facility and the granting of that license which causes the2 truck stop facility to be located within the prohibited distance as provided in this3 Paragraph shall not be cause for the revocation, withholding, denial of an4 application, nonrenewal of a license, or issuance of a new license. The prohibitions5 provided for in Paragraphs (2), (4), and (5) of this Subsection shall not apply to any6 property previously licensed as a truck stop facility for the placement of video draw7 poker devices prior to June 1, 2010. The subsequent construction, erection, or8 development of a public playground, church, synagogue, public library, residential9 property, or school, or the movement of a property on the National Historic Registry,10 which causes the property of the truck stop facility to be located within the11 prohibited distance as provided in Paragraphs (2), (4), or (5) of this Subsection, shall12 not be cause for revocation, withholding, denial of an application, nonrenewal of a13 license, or issuance of a new license. The subsequent construction, erection, or14 development of a public playground, church, synagogue, public library, residential15 property, or school, or movement of a property on the National Historic Registry,16 following the application for a license to operate video draw poker devices at a truck17 stop facility or property previously licensed as a truck stop facility and the granting18 of that license which causes the truck stop facility to be located within the prohibited19 distance as provided in Paragraphs (2), (4), or (5) of this Subsection, shall not be20 cause for the revocation, withholding, denial of an application, nonrenewal of a21 license, or issuance of a new license.22 * * *23 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Edwards HB No. 1426 Abstract: Provides with respect to the location of truck stop facilities. HLS 10RS-2839 ENGROSSED HB NO. 1426 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Present law provides for the operation of video draw poker devices at qualified truck stop facilities. Present law further provides that no license shall be issued for any truck stop facility to an applicant who has applied with the local governing authority where the truck stop is located for a building permit prior to Aug. 1, 2007, and who has described the boundaries of the proposed truck stop facility within that application, for any truck stop facility located outside the boundaries described in that application if the location of the proposed truck stop facility is within 2,500 feet of any property that is on the National Historic Registry, any public playground, or a building used exclusively as a church, synagogue, public library, or school. Present law further provides that no license shall be issued for any truck stop facility unless previously applied for or licensed as of June 1, 2010, located, at the time application is made for a license to operate video draw poker devices, within 2,500 feet of any residential property unless the applicant for license has applied prior to June 1, 2010, with the local governing authority of the parish where the truck stop is located for a certificate of compliance with applicable zoning ordinances and building codes. Proposed law retains the provisions of present law and further provides that the prohibited distances shall not apply to any property previously licensed as a truck stop facility for the placement of video draw poker devices prior to June 1, 2010. The subsequent construction, erection, or development of a public playground, church, synagogue, public library, residential property, or school, or the movement of a property on the National Historic Registry, which causes the property of the truck stop facility to be located within the prohibited distance shall not be cause for revocation, withholding, denial of an application, nonrenewal of a license, or issuance of a new license. (Amends R.S. 27:306(C)(5)(a)(ii))