SLS 23RS-369 ENGROSSED 2023 Regular Session SENATE BILL NO. 189 BY SENATOR JACKSON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CHARITABLE GAMING. Provides relative to electronic or video bingo machines and licensed premises. (7/1/23) 1 AN ACT 2 To amend and reenact R.S. 4:724(J) and to enact R.S. 4:724(L) and (M), relative to 3 electronic or video bingo; to provide for operation of machines by a licensed 4 distributor if certain criteria are met; to provide for authorized locations; to provide 5 for an effective date; and to provide for related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 4:724(J) is hereby amended and reenacted and R.S. 4:724(L) and (M) 8 are hereby enacted to read as follows: 9 ยง724. Use of electronic or video bingo games 10 * * * 11 J.(1) Any license or permit that was issued to any location for the use of 12 electronic bingo machines before June 30, 2022, is a bona fide and valid license 13 and permit under Louisiana law. 14 (2) Any license or permit that was issued to any distributor for the use 15 of electronic video bingo machines before June 30, 2022, is a bona fide and valid 16 license and permit under Louisiana law. 17 (3) Any person who is may be licensed as a distributor shall be permitted to Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 189 SLS 23RS-369 ENGROSSED 1 operate electronic video bingo machines which are not in compliance with the 2 provisions of R.S. 4:724(B)(5) if either of the following occurs: 3 (a) The licensed distributor has purchased or has entered into a lease 4 agreement approved by the office for the total number of electronic video bingo 5 machines to be placed at a specific location and the electronic video bingo machines 6 have been permitted by the office and placed at a location which has been approved 7 by the office on or prior to August 15, 2008; or. 8 (b) The licensed distributor person has delivered to the office or has sent by 9 certified mail an application with the required fees to have electronic video bingo 10 machines permitted, which and the application has been received, but not approved 11 by the office on or prior to August 15, 2008, and the application includes one of the 12 following: includes proof of purchase for the total number of electronic video 13 bingo machines to be placed at a specific location that has been approved by the 14 office. 15 (i) Proof of purchase for the total number of video bingo machines to be 16 placed at a specific location. 17 (ii) A nonrefundable deposit of a minimum of twenty-five percent of the fair 18 market value of the wholesale purchase price of the total number of machines to be 19 placed at a specific location. 20 (iii) A nonrefundable deposit on a lease agreement which is equivalent in 21 value to a minimum of twenty-five percent of the fair market value of the wholesale 22 purchase price of the total number of machines to be placed at a specific location. 23 (2)(4) Electronic video bingo machines authorized by the provisions of this 24 Subsection shall only be placed at one of the following locations: 25 (a) A location which has been approved by the office on or prior to August 26 15, 2008; or. 27 (b) A location for which a completed application with the required fees for 28 the licensing to conduct charitable gaming at a specific location has been received 29 and approved by the office on or prior to August 15, 2008. However, locations Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 189 SLS 23RS-369 ENGROSSED 1 which have not been approved by the office prior to August 15, 2008, but for which 2 an application has been timely filed as provided by this Subparagraph, shall have 3 received final approval from the office and must be occupied by August 15, 2009, 4 in order to operate electronic video bingo machines which are not in compliance with 5 the provisions of R.S. 4:724(B)(5). 6 (5)(a) If at any time the Legislature of Louisiana amends the law to add 7 new licenses, the office shall not issue any new license or permit after June 30, 8 2022, that would allow any electronic or video bingo machine to be placed 9 within one mile from any property on the National Register of Historic Places, 10 any public playground, any residential property, or any building used primarily 11 as a church, synagogue, public library, or school. The measurement of the 12 distance shall be a straight line from the nearest point of the intended location 13 for the electronic video bingo machine for which any license or permit is sought 14 to the nearest point of the property on the National Register of Historic Places, 15 the public playground, the residential property, or the building used primarily 16 as a church, synagogue, public library, or school. 17 (b) The provisions of this Paragraph shall not apply to either of the 18 following: 19 (i) Any location that is damaged or destroyed due to an act of God, 20 natural disaster, force majeure, catastrophic event, action by a governmental 21 body, or a similar occurrence over which the licensee or permittee has no 22 control. 23 (ii) To any location licensed to conduct electronic video bingo on or 24 before June 30, 2022. 25 (c) For the purposes of this Paragraph, "residential property" means 26 any property that is wholly or partly used for or intended to be used for living 27 or sleeping by human occupants and that includes one or more rooms, including 28 a bathroom and complete kitchen facilities. "Residential property" shall include 29 a mobile home or manufactured housing provided that the mobile home or Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 189 SLS 23RS-369 ENGROSSED 1 manufactured housing has been in its present location for at least sixty days. 2 "Residential property" shall not include any hotel or motel. 3 * * * 4 L. If any location, where electronic or video bingo machines are validly 5 licensed or permitted to operate is damaged or destroyed due to an occurrence 6 that is an act of God, natural disaster, force majeure, catastrophic event, action 7 by a governmental body, or a similar occurrence over which the licensee or 8 permittee has no reasonable control, the office may allow electronic or video 9 bingo machines to operate at the same physical location. 10 M.(1) A location that has been licensed to conduct electronic video bingo 11 by the office may be sold or transferred to a new owner if the new owner is 12 found suitable to hold a charitable gaming license by the office pursuant to this 13 Chapter. 14 (2) Electronic video bingo machines licensed by the office may be sold 15 or transferred to a new owner if the new owner is found suitable to hold a 16 charitable gaming license by the office pursuant to this Chapter. 17 Section 2. This Act shall become effective on July 1, 2023. The original instrument was prepared by Brandi Cannon. The following digest, which does not constitute a part of the legislative instrument, was prepared by Michelle D. Ridge. DIGEST SB 189 Engrossed 2023 Regular Session Jackson Present law provides for the operation of electronic video bingo machines, including a prohibition that an electronic video bingo machine shall not contain entertainment display features simulating slot reels or card games. Proposed law provides that any license or permit that was issued to any location or to any distributor for the use of electronic video bingo machines before June 30, 2022, is a bona fide and valid license and permit under Louisiana law. Present law provides that a licensed distributor may operate electronic video bingo machines which are not in compliance with present law under either of the following circumstances: (1)The licensed distributor has purchased or entered into a lease agreement for the total number of electronic video bingo machines to be operated at a specific location on or prior to August 15, 2008. (2)The licensed distributor has delivered to the office of charitable gaming (office) or Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 189 SLS 23RS-369 ENGROSSED sent by certified mail an application and fees to have machines permitted which has been received and not approved on or prior to August 15, 2008, and the application includes either a proof of purchase or a non-refundable deposit. Proposed law removes references to the licensed distributor and electronic video bingo machines, which are not in compliance, and provides for the licensing of distributors to operate electronic video bingo machines if either: (1)The licensed distributor has purchased or has entered into a lease agreement and the machines have been permitted by the office and placed at a location which has been approved by the office prior to August 15, 2008. (2)The person has delivered to the office or has sent by certified mail an application with the required fees to have electronic video bingo machines permitted, and the application includes proof of purchase for the total number of electronic video bingo machines to be placed at a specific location that has been approved by the office. Present law provides that electronic video bingo machines authorized by present law may only be placed at the following two locations: (1)A location approved by the office on or prior to August 15, 2008. (2)A location for which a completed application with the required fees for the licensing to conduct charitable gaming at a specific location has been received by the office of charitable gaming on or prior to August 15, 2008, and which has received final approval from the office and was occupied by August 15, 2009. Proposed law removes deadlines for approval or receipt of applications and provides that machines may be placed either at a location approved by the office of charitable gaming or at a location for which a completed application with the required fees was received and approved by the office. Proposed law provides that if at any time the Legislature of Louisiana amends the law to add for new licenses, the office shall not issue any new license that would allow any electronic or video bingo machine to be placed within one mile of certain places, including any property on the National Register of Historic Places and any building used primarily as a church, synagogue, public library, or school. Provides for exceptions to the proposed law one-mile radius. Proposed law provides that if the physical location in which the charitable gaming organization operates electronic or video bingo machines is destroyed or damaged as a result of a natural disaster, an act of God, force majeure, a catastrophe, or such other occurrence over which the organization has no control, then the office of charitable gaming shall allow for a replacement location to be permitted in accordance with local zoning laws. Proposed law allows for the transfer of a location license and a electronic video bingo machines license. Effective July 1, 2023. (Amends R.S. 4:724(J); adds R.S. 4:724(L) and (M)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill 1. Provides for the validity of licenses for location and electronic video bingo Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 189 SLS 23RS-369 ENGROSSED machines issued before June 30, 2022. 2. Removes provisions relative to licensed distributors and the operation of electronic video machines that were not in compliance and provides for licensing requirements of distributors. 3. Removes references to deadline dates for submission of applications for licensure and approval of applications. 4. Provides that if the legislature amends law to add new licenses, the office of charitable gaming shall not issue a license or permit after June 30, 2022, that would allow any electronic video bingo machine to be placed within one mile of certain places and provides for exceptions to the one-mile radius. 5. Defines residential property. 6. Provides that if a location, where electronic video bingo machines are validly licensed or permitted to operate is damaged or destroyed due to certain events, the office may allow such machines to operate at the same physical location. 7. Provides for the transfer of a location license and electronic video bingo machines license. Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.