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Regular Session, 2013
SENATE BILL NO. 164
BY SENATOR MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VIDEO POKER. Provides relative to the Video Draw Poker Devices Control Law. (8/1/13)
AN ACT1
To amend and reenact R.S. 27:415 and 422(D)(1), relative to Video Draw Poker Devices2
Control Law; to provide for the location of certain video draw poker facilities; to3
provide for prohibited distances of certain video draw poker facilities; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 27:415 and 422(D)(1) are hereby amended and reenacted to read as7
follows:8
§415. Pari-mutuel wagering facility or offtrack wagering facility; no minimum wager9
A. A person owning a Louisiana State Racing Commission licensed pari-10
mutuel wagering facility or an offtrack wagering facility may be granted a license11
for the placement of video draw poker devices in his facility if all other requirements12
of this Chapter are met. There shall be no limit on the number of video draw poker13
devices which may be placed at the facility. Notwithstanding any provision of law14
to the contrary, video draw poker devices in these facilities may schedule games with15
no minimum wager.16
B. No license shall be granted to a Louisiana State Racing Commission17 SB NO. 164
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licensed pari-mutuel wagering facility or an offtrack wagering facility, at the1
time application is made for a license to operate video draw poker devices,2
within one mile from any property on the National Register of Historic Places,3
any public playground, any residential property, or a building used primarily4
as a church, synagogue, public library, or school. The measurement of the5
distance shall be a straight line from the nearest point of the Louisiana State6
Racing Commission licensed pari-mutuel wagering facility or the offtrack7
wagering facility to the nearest point of the property on the National Register8
of Historic Places, any public playground, any residential property, or a9
building used primarily as a church, synagogue, public library, or school. 10
C. "Residential property" shall mean any property which is wholly or11
partly used for or intended to be used for living or sleeping by human occupants12
and which includes one or more rooms, including a bathroom and complete13
kitchen facilities. Residential property shall include a mobile home or14
manufactured housing, provided that it shall have been in its present location15
for at least sixty days. Residential property shall not include any hotel or motel.16
* * *17
§422. Truck stop locations; prohibited distances; prohibited structures18
* * *19
D.(1) For locations on which a truck stop facility has not been completely20
constructed, if application for licensing is was made on or before August 1, 2012, the21
prohibited distance shall be in accordance with the following:22
(a) For facilities which applied for or were issued a certificate of compliance23
or a valid building permit on or before January 1, 2008 - five hundred feet from any24
property on the National Register of Historic Places, any public playground, or a25
building used primarily as a church, synagogue, public library, or school.26
(b) For facilities which applied for or were issued a certificate of compliance27
or a valid building permit after January 1, 2008, but on or before June 1, 2010 - two28
thousand five hundred feet from any property on the National Register of Historic29 SB NO. 164
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Places, any public playground, or a building used primarily as a church, synagogue,1
public library, or school.2
(c) For facilities which applied for or were issued a certificate of compliance3
or a building permit after June 1, 2010 - one mile from any property on the National4
Register of Historic Places, any public playground, residential property, or a building5
used primarily as a church, synagogue, public library, or school.6
* * *7
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Thomas L. Tyler.
DIGEST
Martiny (SB 164)
Present law provides for the locations of truck stops.
Proposed law retains present law provisions authorizing a person owning a licensed pari-
mutuel wagering facility or offtrack wagering facility to receive a license for placement of
video draw poker devices in his facility if all other requirements of law are met. Provides
that there is no limit on the number of video draw poker devices which may be placed at the
facility and that video draw poker devices in these facilities may schedule games with no
minimum wager.
Proposed law prohibits granting a license to a licensed pari-mutuel wagering facility or an
offtrack wagering facility, at the time application is made for a license to operate video draw
poker devices, within one mile from any property on the National Register of Historic
Places, any public playground, any residential property, or a building used primarily as a
church, synagogue, public library, or school. Requires that measurement of the distance to
be a straight line from the nearest point of the licensed facility to the nearest point of the
property on the National Register of Historic Places, any public playground, any residential
property, or a building used primarily as a church, synagogue, public library, or school.
Defines residential property to be 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. Provides that residential property
includes a mobile home or manufactured housing which has been in its present location for
at least 60 days but does not include any hotel or motel.
Present law provides that for locations on which a truck stop facility has not been completely
constructed, if application for licensing is made on or before August 1, 2012, the prohibited
distance shall be in accordance with the following:
(1)For facilities which applied for or were issued a certificate of compliance or a valid
building permit on or before January 1, 2008 - 500 feet from any property on the
National Register of Historic Places, any public playground, or a building used
primarily as a church, synagogue, public library, or school.
(2)For facilities which applied for or were issued a certificate of compliance or a valid
building permit after January 1, 2008, but on or before June 1, 2010 - 2,500 feet from
any property on the National Register of Historic Places, any public playground, or
a building used primarily as a church, synagogue, public library, or school. SB NO. 164
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(3)For facilities which applied for or were issued a certificate of compliance or a
building permit after June 1, 2010 - one mile from any property on the National
Register of Historic Places, any public playground, residential property, or a building
used primarily as a church, synagogue, public library, or school.
Proposed law provides that regardless of the date a facility applied for or was issued a
certificate of compliance or a valid building permit, locations on which a truck stop facility
has not been completely constructed, if application for licensing is made on or before August
1, 2012, the prohibited distance shall be one mile from any property on the National Register
of Historic Places, any public playground, residential property, or a building used primarily
as a church, synagogue, public library, or school.
Effective August 1, 2013.
(Amends R.S. 27:415 and 422(D)(1))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Add provisions prohibiting issuance of license within a mile of a property on
the National Register of Historic Places, public playground, residential
property, church, synagogue, public library or school.