SLS 18RS-483 ORIGINAL
2018 Regular Session
SENATE BILL NO. 217
BY SENATOR CARTER
VIDEO POKER. Removes the average monthly fuel sales requirement for the operation of
video draw poker devices. (8/1/18)
1 AN ACT
2 To amend and reenact R.S. 27:416(A), (C), and (D)(1) and (2) and to repeal R.S. 27:421,
3 relative to the Video Draw Poker Devices Control Law; to provide for qualified truck
4 stop facilities; to provide for fuel sales of qualified truck stop facilities; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 27:416(A), (C), and (D)(1) and (2) are hereby amended and
8 reenacted to read as follows:
9 ยง416. Qualified truck stop facilities; number of devices; fuel sales
10 A. A person owning or leasing a qualified truck stop facility may be granted
11 a license for the placement of not more than fifty video draw poker devices in his
12 facility based on the fuel sales as provided in Subsection C of this Section, in an area
13 separated for adult patronage only, if all other requirements of this Chapter are met.
14 There shall be only one license granted for the operation of video draw poker devices
15 at each qualified truck stop facility.
16 * * *
17 C.(1) Except as provided in R.S. 27:421 and Paragraph (2) of this Subsection,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 217
SLS 18RS-483 ORIGINAL
1 the number of video draw poker devices placed at a qualified truck stop facility shall
2 be based on the average monthly fuel sales calculated quarterly, using four sets of
3 three calendar months, for the first year of operation and thereafter shall be based
4 upon the average monthly fuel sales calculated annually, using a calendar year, as
5 follows:
6 (a) One hundred thousand gallons of fuel - not more than fifty devices.
7 (b) Seventy-five thousand gallons of fuel - not more than forty devices.
8 (c) Fifty thousand gallons of fuel - not more than thirty-five devices.
9 (2) In addition to the requirements in Paragraph (1) of this Subsection, a
10 qualified truck stop facility, except a qualified truck stop facility located within a
11 radius of twelve miles or less from the location of the official gaming establishment
12 in Orleans Parish, which complies or has complied with one of the fuel sales
13 requirements of Paragraph (1) of this Subsection for five consecutive years shall
14 thereafter be permitted to retain the number of devices it operated during that same
15 consecutive five-year period provided it continues to meet the fuel sales requirement
16 set forth in Subparagraph (1)(c) of this Subsection.
17 (3) The board may adopt rules to recognize alternative fuel sources to satisfy
18 the requirements regarding fuel sales provided by this Chapter.
19 D.(1) The A qualified truck stop facility must have a fuel facility shall
20 offer that offers, in the regular course of business, fuel sales for individual vehicle
21 consumption. The board may adopt rules to recognize alternative fuel sources
22 to satisfy the requirement regarding fuel sales provided by this Chapter.
23 (2) Bulk sales or transfers shall not be used to calculate monthly averages. All
24 fuel sales must correspond to state-accepted daily sales reports which correspond to
25 monthly state sales tax reports and shall be verified by fuel tickets from the truck
26 stop facility.
27 * * *
28 Section 2. R.S. 27:421 is hereby repealed in its entirety.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 217
SLS 18RS-483 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ashley Menou.
DIGEST
SB 217 Original 2018 Regular Session Carter
Present law provides that a qualified truck stop facility may be granted a license for the
placement of up to 50 video draw poker devices in his facility based on the fuel sales of the
qualified truck stop.
Present law provides that the number of video draw poker devices placed at a qualified truck
stop shall be based on the average monthly fuel sales.
Proposed law deletes present law and provides that to be granted a license for the placement
of video draw poker devices, a qualified truck stop facility must have a fuel facility that
offers fuel sales for individual vehicle consumption.
Present law provides that the board may adopt rules to recognize alternative fuel sources to
satisfy the fuel sale requirement.
Proposed law retains present law reference to the fuel sale requirements and otherwise
retains present law.
Present law provides that any person applying for a truck stop facility license may be issued
up to 25 video draw poker devices temporarily without meeting the fuel sale requirements
if the facility meets all other licensing and amenity requirements.
Proposed law deletes present law.
Present law provides for the method of calculating the monthly fuel sales for a newly
licensed qualified truck stop facility.
Proposed law deletes present law.
Present law provides for the method of calculating the monthly fuel sales of a qualified truck
stop facility that is unable to meet fuel sale requirements due to reasons of force majeure or
other noncommercial circumstances.
Proposed law deletes present law.
Effective August 1, 2018.
(Amends R.S. 27:416(A), (C), and (D)(1) and (2); repeals R.S. 27:421)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.