Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1426 Engrossed / Bill

                    HLS 10RS-2839	ENGROSSED
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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
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(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
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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
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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))