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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 364
BY SENATOR MICHOT
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 with respect to the location of certain qualified truck stop facilities; to4
provide with respect to prohibitions; to provide for exceptions; to provide for an5
effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 27:306(C)(2) and (C)(5)(a)(i) are hereby amended and reenacted to8
read as follows: 9
ยง306. State license qualifications; limitations; right to hearing10
* * *11
C. * * *12
(2)(a)(i) Notwithstanding any provision of law to the contrary, no license13
shall be granted to any truck stop facility located, at the time application is made for14
a license to operate video draw poker devices, within five hundred feet of any15
property that is on the National Historic Registry, any public playground, or a16
building used exclusively as a church, synagogue, public library, or school.17
(ii) Notwithstanding any provision of law to the contrary, no license shall be18
issued for any truck stop facility unless previously applied for or licensed as of19
January 1, 2008, located, at the time application is made for a license to operate20
video draw poker devices, within two thousand five hundred feet of any property that21
is on the National Historic Registry, any public playground, or a building used22
exclusively as a church, synagogue, public library, or school unless the applicant for23
the license has applied prior to January 1, 2008, with the local governing authority24
ACT No. 643 SB NO. 364 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the parish where the truck stop is located for a certificate of compliance with1
applicable zoning ordinances and building codes and a statement of approval for the2
operation of video draw poker devices at a truck stop facility as required by R.S.3
27:324(C) or has applied with the appropriate authority for a building permit prior4
to January 1, 2008.5
(b) In municipalities and in unincorporated areas which are divided into6
subdivisions with streets, blocks, and sidewalks, this distance shall be measured as7
a person walks using the sidewalk from the nearest point of the property line of the8
property on the National Historic Registry, public playground, church, synagogue,9
public library, or school to the nearest point of the premises to be licensed.10
(c)(b) Outside of municipalities and unincorporated areas which are not11
divided into subdivisions with streets, blocks, or sidewalks, the The measurement12
of this distance shall be a straight line from the nearest point of the truck stop facility13
to the nearest point of the church, synagogue, or school.14
* * *15
(5)(a)(i) Notwithstanding any provision of law to the contrary, including the16
prohibited distance provisions provided for in Paragraphs (2), (3) and (4) of this17
Subsection, no license shall be issued for any truck stop facility unless previously18
applied for or licensed as of June 1, 2010, located, at the time application is made for19
a license to operate video draw poker devices, within two thousand five hundred feet20
one mile of any residential property, any property that is on the National Registry21
of Historic Places, any public playground, or a building used exclusively as a22
church, synagogue, public library, or school unless the applicant for license has23
applied prior to June 1, 2010, with the local governing authority of the parish where24
the truck stop is located for a certificate of compliance with applicable zoning25
ordinances and building codes and a statement of approval for the operation of video26
draw poker devices at a truck stop facility as required by R.S. 27:324(C) or has27
applied with the appropriate authority for a building permit prior to June 1, 2010. If28
a parish or municipality does not have a zoning ordinance which designates certain29
property within their jurisdiction as residential property, the governing authority of30 SB NO. 364 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the parish or municipality shall have the authority to designate to certain areas of1
their jurisdiction as residential districts for the purpose of this Paragraph. The2
measurement of this distance shall be a straight line from the nearest point of3
the truck stop facility to the nearest point of the residential property.4
* * *5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: