HLS 12RS-75 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 155
BY REPRESENTATIVE LOPINTO
GAMBLING/VIDEO POKER: Provides with respect to the location of qualified truck stop
facilities within prohibited distances from certain properties
AN ACT1
To amend and reenact R.S. 27:306(C), relative to the licensing of video draw poker truck2
stop facilities; to provide with respect to the licensing of truck stop facilities located3
within the prohibited distances from certain properties; to provide for applicability;4
to provide for exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 27:306(C) is hereby amended and reenacted to read as follows: 7
ยง306. State license qualifications; limitations; right to hearing8
* * *9
C.(1) A licensee may not have on the premises or make available for play on10
the premises of his licensed establishment more video draw poker devices than as11
provided in authorized by the provisions of Subsection A of this Section.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 HLS 12RS-75 ORIGINAL
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video draw poker devices, within two thousand five hundred feet of any property that1
is on the National Historic Registry, any public playground, or a building used2
exclusively as a church, synagogue, public library, or school unless the applicant for3
the license has applied prior to January 1, 2008, with the local governing authority4
of the parish where the truck stop is located for a certificate of compliance with5
applicable zoning ordinances and building codes and a statement of approval for the6
operation of video draw poker devices at a truck stop facility as required by R.S.7
27:324(C) or has applied with the appropriate authority for a building permit prior8
to January 1, 2008.9
(b) The measurement of this distance shall be a straight line from the nearest10
point of the truck stop facility to the nearest point of the church, synagogue, or11
school.12
(3) The prohibitions in Paragraph (2) of this Subsection do not apply to any13
truck stop licensed for the placement of video draw poker devices for a period of one14
year or longer prior to July 1, 1994. The subsequent construction, erection,15
development, or movement of a property on the National Historic Registry, public16
playground, church, synagogue, public library, or school which causes the truck stop17
facility to be located within the prohibited distance as provided in Paragraph (2) of18
this Subsection shall not be cause for revocation, withholding, denial of an19
application, nonrenewal of a license, or issuance of a new license. The subsequent20
construction, erection, development, or movement of a property on the National21
Historic Registry, public playground, church, synagogue, public library, or school22
following the application for a license to operate video draw poker devices at a truck23
stop facility and the granting of that license which causes the truck stop facility to24
be located within the prohibited distance as provided in Paragraph (2) of this25
Subsection shall not be cause for the revocation, withholding, denial of an26
application, nonrenewal of a license, or issuance of a new license.27
(4) No license shall be issued for any truck stop facility to an applicant who28
has applied with the local governing authority where the truck stop is located for a29 HLS 12RS-75 ORIGINAL
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building permit prior to August 1, 2007, and who has described the boundaries of the1
proposed truck stop facility within that application, for any truck stop facility located2
outside the boundaries described in that application if the location of the proposed3
truck stop facility is within two thousand five hundred feet of any property that is on4
the National Historic Registry, any public playground, or a building used exclusively5
as a church, synagogue, public library, or school.6
(5)(a)(i) Notwithstanding any provision of law to the contrary, including the7
prohibited distance provisions provided for in Paragraphs (2), (3) and (4) of this8
Subsection, no license shall be issued for any truck stop facility unless previously9
applied for or licensed as of June 1, 2010, located, at the time application is made for10
a license to operate video draw poker devices, within one mile of any residential11
property, any property that is on the National Registry of Historic Places, any public12
playground, or a building used exclusively as a church, synagogue, public library,13
or school unless the applicant for license has applied prior to June 1, 2010, with the14
local governing authority of the parish where the truck stop is located for a certificate15
of compliance with applicable zoning ordinances and building codes and a statement16
of approval for the operation of video draw poker devices at a truck stop facility as17
required by R.S. 27:324(C) or has applied with the appropriate authority for a18
building permit prior to June 1, 2010. If a parish or municipality does not have a19
zoning ordinance which designates certain property within their jurisdiction as20
residential property, the governing authority of the parish or municipality shall have21
the authority to designate to certain areas of their jurisdiction as residential districts22
for the purpose of this Paragraph. The measurement of this distance shall be a23
straight line from the nearest point of the truck stop facility to the nearest point of the24
residential property.25
(ii) The subsequent construction, erection, development, or movement of a26
property on the National Historic Registry, public playground, church, synagogue,27
public library, or school which causes the truck stop facility to be located within the28
prohibited distance as provided in this Paragraph shall not be cause for revocation,29 HLS 12RS-75 ORIGINAL
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withholding, denial of an application, nonrenewal of a license, or issuance of a new1
license. The subsequent construction, erection, development, or movement of a2
property on the National Historic Registry, public playground, church, synagogue,3
public library, or school following the application for a license to operate video draw4
poker devices at a truck stop facility and the granting of that license which causes the5
truck stop facility to be located within the prohibited distance as provided in this6
Paragraph shall not be cause for the revocation, withholding, denial of an7
application, nonrenewal of a license, or issuance of a new license. No license shall8
be granted to any qualified truck stop facility located, at the time application is made9
for a license to operate video draw poker devices, within one mile from any property10
on the National Historic Registry, any public playground, any residential property,11
or a building used primarily as a church, synagogue, public library, or school. The12
measurement of the distance shall be a straight line from the nearest point of the13
truck stop facility to the nearest point of the property on the National Historic14
Registry, the public playground, residential property, church, synagogue, public15
library, or school.16
(3) After application, the subsequent construction, erection, development,17
or movement of a property identified in Paragraph (2) of this Subsection which18
causes the location of a qualified truck stop facility to be within the prohibited19
distance shall not be cause for denial of an application or revocation of a license.20
(4) The prohibition in Paragraph (2) of this Subsection shall not apply to the21
location of a qualified truck stop facility which applied for a license or was issued22
a license on or before June 1, 2010. Such location shall be eligible for a qualified23
truck stop facility license without reference to the prohibition in Paragraph (2) of24
this Subsection unless a qualified truck stop facility has not been licensed at that25
location for thirty-six consecutive months and application for licensing is not made26
within that thirty-six-month period.27
(5) The prohibition in Paragraph (2) of this Subsection shall not apply to the28
location of a qualified truck stop facility which has a certificate of compliance as29 HLS 12RS-75 ORIGINAL
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required by R.S. 27:324(C) or valid building permit issued by the appropriate1
authority but has not constructed a truck stop. For these locations, if application for2
licensing is made on or before December 31, 2012, the prohibited distance shall be3
in accordance with the following:4
(a) For facilities applying for a certificate of compliance or a building permit5
on or before January 1, 2008, five hundred feet from any property on the National6
Historic Registry, any public playground, or a building used primarily as a church,7
synagogue, public library, or school.8
(b) For facilities applying for a certificate of compliance or a building permit9
after January 1, 2008, but on or before June 1, 2010, two thousand five hundred feet10
from any property on the National Historic Registry, any public playground,11
residential property, or a building used primarily as a church, synagogue, public12
library, or school.13
(6) If application for licensing is made after December 31, 2012, the14
prohibition in Paragraph (2) of this Subsection shall apply.15
(b)(7) "Residential property" shall mean any property which is wholly or16
partly used for or intended to be used for living or sleeping by human occupants and17
which includes one or more rooms, including a bathroom and complete kitchen18
facilities. Residential property shall include a mobile home or manufactured19
housing, provided that it shall have been in its present location for at least sixty days.20
Residential property shall not include any hotel or motel.21
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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)]
Lopinto HB No. 155
Abstract: Provides with respect to the issuance of licenses to operate video draw poker
devices at truck stop facilities within prohibited distances of certain properties.
Present law provides for qualifications of certain truck stop facilities seeking to operate
video draw poker devices. HLS 12RS-75 ORIGINAL
HB NO. 155
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are additions.
Present law 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 one mile of any residential
property, any property on the National Registry of Historic Places, any public playground,
or a building used exclusively as a church, synagogue, public library, or school unless the
applicant for license has applied prior to June 1, 2010.
Present law defines "residential property" to mean any property which is wholly or partly
used for or intended to be used for living or sleeping by human occupants and which
includes one or more rooms, including a bathroom and complete kitchen facilities. Includes
a mobile home or manufactured housing if it has been in its present location for at least 60
days.
Proposed law retains those provisions of present law and further provides that the prohibited
distances shall not apply to the location of a qualified truck stop facility which has a
certificate of compliance or valid building permit issued by the appropriate authority, but has
not constructed a truck stop. For these locations, if application for licensing is made on or
before Dec. 31, 2012, the prohibited distance shall be in accordance with the following:
(1)For facilities which applied for certificate of compliance or a building permit on or
before Jan. 1, 2008, 500 feet from any property on the National Historic Registry,
any public playground, or a building used primarily as a church, synagogue, public
library, or school.
(2)For facilities which applied for a certificate of compliance or a building permit after
Jan. 1, 2008, but on or before June 1, 2010, 2,500 feet from any property on the
National Historic Registry, any public playground, residential property, or a building
used primarily as a church, synagogue, public library, or school.
Proposed law further provides that if application for licensing is made after Dec. 31, 2012,
the prohibited distances in present law shall apply.
(Amends R.S. 27:306(C))