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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 364
BY SENATOR MICHOT
GAMING. Provides for the measurement of the distance between qualified truck stop
facilities and certain structures. (6/1/10)
AN ACT1
To amend and reenact R.S. 27:306(C)(2) and (C)(5)(a)(i), relative to Video Draw Poker2
Devices Control Law; to provide for licensing requirements for truck stop facilities;3
to provide for an effective date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 27:306(C)(2) and (C)(5)(a)(i) are hereby amended and reenacted to6
read as follows: 7
ยง306. State license qualifications; limitations; right to hearing8
* * *9
C. * * *10
(2)(a)(i) Notwithstanding any provision of law to the contrary, no license11
shall be granted to any truck stop facility located, at the time application is made for12
a license to operate video draw poker devices, within five hundred feet of any13
property that is on the National Historic Registry, any public playground, or a14
building used exclusively as a church, synagogue, public library, or school.15
(ii) Notwithstanding any provision of law to the contrary, no license shall be16
issued for any truck stop facility unless previously applied for or licensed as of17 SB NO. 364
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
January 1, 2008, located, at the time application is made for a license to operate1
video draw poker devices, within two thousand five hundred feet of any property that2
is on the National Historic Registry, any public playground, or a building used3
exclusively as a church, synagogue, public library, or school unless the applicant for4
the license has applied prior to January 1, 2008, with the local governing authority5
of the parish where the truck stop is located for a certificate of compliance with6
applicable zoning ordinances and building codes and a statement of approval for the7
operation of video draw poker devices at a truck stop facility as required by R.S.8
27:324(C) or has applied with the appropriate authority for a building permit prior9
to January 1, 2008.10
(b) In municipalities and in unincorporated areas which are divided into11
subdivisions with streets, blocks, and sidewalks, this distance shall be measured as12
a person walks using the sidewalk from the nearest point of the property line of the13
property on the National Historic Registry, public playground, church, synagogue,14
public library, or school to the nearest point of the premises to be licensed.15
(c)(b) Outside of municipalities and unincorporated areas which are not16
divided into subdivisions with streets, blocks, or sidewalks, the The measurement17
of this distance shall be a straight line from the nearest point of the truck stop facility18
to the nearest point of the church, synagogue, or school.19
* * *20
(5)(a)(i) Notwithstanding any provision of law to the contrary, no license21
shall be issued for any truck stop facility unless previously applied for or licensed22
as of June 1, 2010, located, at the time application is made for a license to operate23
video draw poker devices, within two thousand five hundred feet of any residential24
property unless the applicant for license has applied prior to June 1, 2010, with the25
local governing authority of the parish where the truck stop is located for a certificate26
of compliance with applicable zoning ordinances and building codes and a statement27
of approval for the operation of video draw poker devices at a truck stop facility as28
required by R.S. 27:324(C) or has applied with the appropriate authority for a29 SB NO. 364
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
building permit prior to June 1, 2010. If a parish or municipality does not have a1
zoning ordinance which designates certain property within their jurisdiction as2
residential property, the governing authority of the parish or municipality shall have3
the authority to designate to certain areas of their jurisdiction as residential districts4
for the purpose of this Paragraph. The measurement of this distance shall be a5
straight line from the nearest point of the truck stop facility to the nearest point6
of the residential property.7
* * *8
Section 2. This Act shall become effective on June 1, 2010.9
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Michot (SB 364)
Present law provides that no license shall be issued for any truck stop facility located, at the
time application is made for a license to operate video draw poker devices, 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
provides an exception to truck stop facilities previously applied for and licensed as of
January 1, 2008. Provides another exception for applicants for licenses who applied with
the local governing authority of the parish where the truck stop facility is located for a
certificate of compliance with applicable zoning ordinances and building codes and a
statement of approval for the operation of video draw poker devices at a truck stop facility
as required by law or has applied with the appropriate authority for a building permit prior
to January 1, 2008.
Present law provides that in municipalities and in unincorporated areas which are divided
into subdivisions with streets, blocks, and sidewalks, this distance shall be measured as a
person walks using the sidewalk from the nearest point of the property line of the property
on the National Historic Registry, public playground, church, synagogue, public library, or
school to the nearest point of the premises to be licensed.
Present law provides that outside of municipalities and unincorporated areas which are not
divided into subdivisions with streets, blocks, or sidewalks, the measurement of this distance
shall be a straight line from the nearest point of the truck stop facility to the nearest point of
the church, synagogue, or school.
Proposed law does not distinguish between municipalities and unincorporated areas which
are divided into subdivisions and those that are not and provides that the measurement of
distance for both shall be a straight line from the nearest point of the truck stop facility to
the nearest point of the church, synagogue, or school.
Present law provides that no license shall be issued for any truck stop facility located, at the
time application is made for a license to operate video draw poker devices, within 2,500 feet
of any residential property except as provided by law. Present law provides an exception for
facilities previously applied for or were licensed as of June 1, 2010. SB NO. 364
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the distance required in present law shall be a straight line from
the truck stop facility to the nearest point of the residential property.
Effective June 1, 2010.
(Amends R.S. 27:306(C)(2) and (C)(5)(a)(i))