Act 71 Pennsylvania Gaming Law Part 3 of 9

1 (I) SUPPLIER LICENSEES SHALL PAY A FEE OF $25,000
2 UPON THE ISSUANCE OF A LICENSE AND $10,000 FOR THE ANNUAL
3 RENEWAL OF A SUPPLIER LICENSE.
4 (II) MANUFACTURER LICENSEES SHALL PAY A FEE OF
5 $50,000 UPON THE ISSUANCE OF A LICENSE AND $25,000 FOR
6 THE ANNUAL RENEWAL OF A MANUFACTURER LICENSE.
7 (III) EACH APPLICATION FOR A SLOT MACHINE LICENSE,
8 SUPPLIER LICENSE OR MANUFACTURER LICENSE MUST BE
9 ACCOMPANIED BY A NONREFUNDABLE FEE SET BY THE BOARD FOR
10 THE COST OF EACH INDIVIDUAL REQUIRING A BACKGROUND
11 INVESTIGATION. THE REASONABLE AND NECESSARY COSTS AND
12 EXPENSES INCURRED IN ANY BACKGROUND INVESTIGATION OR
13 OTHER INVESTIGATION OR PROCEEDING CONCERNING ANY
14 APPLICANT, LICENSEE OR PERMITTEE SHALL BE REIMBURSED TO
15 THE BOARD BY THOSE PERSONS.
16 (2) TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF
17 FINES AND PENALTIES FOR VIOLATIONS OF THIS PART. ALL FINES
18 AND PENALTIES SHALL BE CREDITED FOR DEPOSIT TO THE GENERAL
19 FUND. TWO YEARS FOLLOWING ENACTMENT OF THIS PART, THE BOARD
20 SHALL HAVE THE AUTHORITY TO INCREASE EACH YEAR ANY FEE,
21 CHARGE, COST OR ADMINISTRATIVE PENALTY, BUT NOT ANY CRIMINAL
22 FINE OR PENALTY, PROVIDED IN THIS PART BY AN AMOUNT NOT TO
23 EXCEED AN ANNUAL COST-OF-LIVING ADJUSTMENT CALCULATED BY
24 APPLYING THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX
25 FOR ALL URBAN CONSUMERS (CPI-U) FOR THE PENNSYLVANIA, NEW
26 JERSEY, DELAWARE AND MARYLAND AREA FOR THE MOST RECENT 12-
27 MONTH PERIOD FOR WHICH FIGURES HAVE BEEN OFFICIALLY REPORTED
28 BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR
29 STATISTICS, IMMEDIATELY PRIOR TO THE DATE THE ADJUSTMENT IS
30 DUE TO TAKE EFFECT.
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1 § 1209. SLOT MACHINE LICENSE FEE.
2 (A) IMPOSITION.--EXCEPT AS PROVIDED FOR A CATEGORY 3
3 LICENSED GAMING ENTITY UNDER SECTION 1305 (RELATING TO CATEGORY
4 3 SLOT MACHINE LICENSE) AND SUBJECT TO THE REQUIREMENTS OF THIS
5 SECTION, AT THE TIME OF LICENSE ISSUANCE THE BOARD SHALL IMPOSE
6 A ONE-TIME SLOT MACHINE LICENSE FEE TO BE PAID BY EACH
7 SUCCESSFUL APPLICANT IN THE AMOUNT OF $50,000,000 FOR EACH
8 CATEGORY OF SLOT MACHINE LICENSE.
9 (B) TERM.--A SLOT MACHINE LICENSE, AFTER PAYMENT OF THE FEE,
10 SHALL BE IN EFFECT UNLESS SUSPENDED, REVOKED OR NOT RENEWED BY
11 THE BOARD UPON GOOD CAUSE CONSISTENT WITH THE LICENSE
12 REQUIREMENTS AS PROVIDED FOR IN THIS PART. SLOT MACHINE
13 LICENSEES SHALL BE REQUIRED TO UPDATE THE INFORMATION IN THEIR
14 INITIAL APPLICATIONS ANNUALLY, AND THE LICENSE OF A LICENSEE IN
15 GOOD STANDING SHALL BE UPDATED AND RENEWED ANNUALLY. AS TO THE
16 RENEWAL OF A LICENSE, NO ADDITIONAL LICENSE FEE PURSUANT TO
17 SUBSECTION (A) SHALL BE REQUIRED.
18 (C) CREDIT AGAINST TAX FOR SLOT MACHINE LICENSEES.--IF THE
19 RATE OF THE TAX IMPOSED BY SECTION 1403 (RELATING TO
20 ESTABLISHMENT OF STATE GAMING FUND AND NET SLOT MACHINE REVENUE
21 DISTRIBUTION) IS INCREASED AT ANY TIME DURING THE TERM OF TEN
22 YEARS FOLLOWING THE INITIAL ISSUANCE OF THE SLOT MACHINE
23 LICENSE, THE SLOT MACHINE LICENSEE SHALL BE ENTITLED TO A CREDIT
24 AGAINST SUBSEQUENT PAYMENT OF THE TAX EQUAL TO THE DIFFERENCE
25 BETWEEN THE TAX CALCULATED AT THE RATE WHEN THE LICENSE WAS
26 ISSUED AND THE TAX CALCULATED AT THE INCREASED RATE. THIS CREDIT
27 SHALL BE APPLIED ON A DOLLAR-FOR-DOLLAR BASIS AS AND WHEN THE
28 TAX IS PAYABLE AS SET FORTH IN SECTION 1403, BUT SHALL NOT
29 EXTEND BEYOND THE TEN-YEAR PERIOD FOLLOWING THE INITIAL ISSUANCE
30 OF THE LICENSE. THE AGGREGATE AMOUNT OF ALL CREDITS PROVIDED
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1 SHALL NOT EXCEED THE AMOUNT OF THE LICENSING FEE PAID BY THE
2 LICENSEE. THE DEPARTMENT SHALL ENTER INTO A CONTRACT WITH EACH
3 SLOT MACHINE LICENSEE EXPLICITLY SETTING FORTH THE TERMS AND
4 CONDITIONS OF THIS CREDIT AND WHICH ALSO SPECIFICALLY
5 INCORPORATES THE REQUIREMENTS OF SUBSECTION (F).
6 (D) DEPOSIT OF LICENSE FEE.--THE TOTAL AMOUNT OF ALL LICENSE
7 FEES IMPOSED AND COLLECTED BY THE BOARD UNDER THIS SECTION SHALL
8 BE DEPOSITED IN THE STATE GAMING FUND.
9 (E) CHANGE OF OWNERSHIP OR CONTROL OF A LICENSE.--IN THE
10 EVENT THAT THE OWNERSHIP OR CONTROL OF A SLOT MACHINE LICENSEE
11 OR ITS AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY IS
12 CHANGED AS DESCRIBED IN SECTION 1328 (RELATING TO CHANGE IN
13 OWNERSHIP OR CONTROL OF SLOT MACHINE LICENSEE), THE NEW OWNER
14 SHALL BE ENTITLED TO THE FULL REMAINING AMOUNT OF THE CREDIT SET
15 FORTH IN SUBSECTION (C) OR THE RETURN OF THE LICENSE FEE IN
16 ACCORDANCE WITH SUBSECTION (F) AS IF THE NEW OWNER OR
17 CONTROLLING INTEREST WAS THE ORIGINAL LICENSEE.
18 (F) RETURN OF SLOT MACHINE LICENSE FEE.--
19 (1) THE ENTIRE ONE-TIME SLOT MACHINE LICENSE FEE OF
20 $50,000,000 FOR EACH CATEGORY 1 AND CATEGORY 2 SLOT MACHINE
21 LICENSE SHALL BE RETURNED TO EACH LICENSEE IN THE EVENT
22 SECTION 1201 (RELATING TO PENNSYLVANIA GAMING CONTROL BOARD
23 ESTABLISHED), 1202 (RELATING TO GENERAL AND SPECIFIC POWERS)
24 OR 1307 (RELATING TO NUMBER OF SLOT MACHINE LICENSES) IS
25 AMENDED OR OTHERWISE ALTERED BY AN ACT OF THE GENERAL
26 ASSEMBLY WITHIN FIVE YEARS FOLLOWING THE INITIAL ISSUANCE OF
27 ANY SLOT MACHINE LICENSES PURSUANT TO SECTION 1301 (RELATING
28 TO AUTHORIZED SLOT MACHINE LICENSES), TO CHANGE:
29 (I) THE COMPOSITION OF THE BOARD;
30 (II) THE NUMBER, VOTING POWERS OR MEMBERS OF THE
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1 BOARD;
2 (III) THE MANNER IN WHICH MEMBERS ARE NOMINATED OR
3 APPOINTED TO THE BOARD;
4 (IV) THE LENGTH OF TERM FOR WHICH EACH MEMBER
5 SERVES;
6 (V) THE GENERAL JURISDICTION OF THE BOARD IN A
7 MANNER THAT IMPAIRS OR OTHERWISE REDUCES THE BOARD'S
8 LICENSING AUTHORITY; OR
9 (VI) SECTION 1307 TO INCREASE THE STATUTORY MAXIMUM
10 NUMBER OF PERMISSIBLE LICENSED FACILITIES.
11 (2) IN THE EVENT THAT THIS PART IS AMENDED OR OTHERWISE
12 ALTERED BY AN ACT OF THE GENERAL ASSEMBLY AS DESCRIBED
13 PURSUANT TO PARAGRAPH (1) HEREIN:
14 (I) IN THE SIXTH YEAR FOLLOWING THE INITIAL ISSUANCE
15 OF ANY SLOT MACHINE LICENSES PURSUANT TO SECTION 1301, A
16 CATEGORY 1 AND 2 SLOT MACHINE LICENSEE SHALL BE ENTITLED
17 TO A PARTIAL RETURN OF THE ONE-TIME SLOT MACHINE LICENSE
18 FEE IN THE AMOUNT OF $41,666,667.
19 (II) IN THE SEVENTH YEAR, THE LICENSEE SHALL BE
20 ENTITLED TO A PARTIAL RETURN OF THE ONE-TIME SLOT MACHINE
21 LICENSE FEE IN THE AMOUNT OF $33,333,334.
22 (III) IN THE EIGHTH YEAR, THE LICENSEE SHALL BE
23 ENTITLED TO A PARTIAL RETURN OF THE ONE-TIME SLOT MACHINE
24 LICENSE FEE IN THE AMOUNT OF $25,000,000.
25 (IV) IN THE NINTH YEAR, THE LICENSEE SHALL BE
26 ENTITLED TO A PARTIAL RETURN OF THE ONE-TIME SLOT MACHINE
27 LICENSE FEE IN THE AMOUNT OF $16,666,668.
28 (V) IN THE TENTH YEAR, THE LICENSEE SHALL BE
29 ENTITLED TO A PARTIAL RETURN OF THE ONE-TIME MACHINE
30 LICENSE FEE IN THE AMOUNT OF $8,333,334.
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1 IN THE EVENT THAT THE ACTION DESCRIBED IN PARAGRAPH (1) OCCURS
2 AFTER THE EXPIRATION OF TEN YEARS, THE LICENSEE SHALL NOT BE
3 ENTITLED TO A RETURN OF ANY PORTION OF THE ONE-TIME SLOT MACHINE
4 LICENSE FEE. NOTWITHSTANDING THE FOREGOING, NO SLOT MACHINE
5 LICENSEE SHALL BE ENTITLED TO THE RETURN OF ANY PORTION OF THE
6 FEE AS A RESULT OF ANY ACT OF THE GENERAL ASSEMBLY INSOFAR AS IT
7 IMPLEMENTS A RECOMMENDATION MADE BY THE BOARD PURSUANT TO A
8 QUALIFIED MAJORITY VOTE. IN THE EVENT A FULL OR PARTIAL RETURN
9 OF THE SLOT MACHINE LICENSE FEE IMPOSED PURSUANT TO SUBSECTION
10 (A) BECOMES DUE PURSUANT TO THIS SUBSECTION, THE AMOUNT TO BE
11 RETURNED TO ANY SLOT MACHINE LICENSEE SHALL BE REDUCED ON A
12 DOLLAR-FOR-DOLLAR BASIS BY THE TOTAL ACCUMULATED TAX CREDITS
13 GRANTED TO SUCH LICENSEE PURSUANT TO SUBSECTION (C). IN NO EVENT
14 SHALL THE TOTAL AMOUNT OF THE SLOT MACHINE LICENSE FEE RETURNED,
15 COMBINED WITH THE TOTAL TAX CREDITS GRANTED, EXCEED THE AMOUNTS
16 SET FORTH IN THIS SUBSECTION FOR ANY LICENSEE. THE TOTAL OR
17 PARTIAL RETURN OF THE SLOT MACHINE LICENSE FEE SHALL EXTINGUISH
18 A LICENSEE'S RIGHT TO CLAIM ANY FURTHER TAX CREDITS PURSUANT TO
19 SUBSECTION (C).
20 § 1210. NUMBER OF SLOT MACHINES.
21 (A) INITIAL COMPLEMENT.--EXCEPT AS PROVIDED FOR CATEGORY 3
22 SLOT MACHINE LICENSEES UNDER SECTION 1305 (RELATING TO CATEGORY
23 3 SLOT MACHINE LICENSE), ALL SLOT MACHINE LICENSEES SHALL BE
24 PERMITTED TO OPERATE UP TO 3,000 SLOT MACHINES AT ANY ONE
25 LICENSED FACILITY AND SHALL BE REQUIRED TO OPERATE AND MAKE
26 AVAILABLE TO PLAY A MINIMUM OF 1,500 MACHINES AT ANY ONE
27 LICENSED FACILITY WITHIN ONE YEAR OF THE ISSUANCE BY THE BOARD
28 OF A SLOT MACHINE LICENSE, UNLESS OTHERWISE EXTENDED BY THE
29 BOARD, UPON APPLICATION AND FOR GOOD CAUSE SHOWN, FOR AN
30 ADDITIONAL PERIOD NOT TO EXCEED 24 MONTHS.
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1 (B) ADDITIONAL SLOT MACHINES.--EXCEPT AS PROVIDED FOR
2 CATEGORY 3 SLOT MACHINE LICENSEES UNDER SECTION 1305, SIX MONTHS
3 FOLLOWING THE DATE OF COMMENCEMENT OF SLOT MACHINE OPERATIONS,
4 THE BOARD MAY PERMIT A SLOT MACHINE LICENSEE TO INSTALL AND
5 OPERATE UP TO 2,000 ADDITIONAL SLOT MACHINES AT ITS LICENSED
6 FACILITY, BEYOND THOSE MACHINES AUTHORIZED UNDER SUBSECTION (A),
7 UPON APPLICATION BY THE SLOT MACHINE LICENSEE. THE BOARD, IN
8 CONSIDERING SUCH AN APPLICATION, SHALL TAKE INTO ACCOUNT THE
9 APPROPRIATENESS OF THE PHYSICAL SPACE WHERE THE ADDITIONAL SLOT
10 MACHINES WILL BE LOCATED AND THE CONVENIENCE OF THE PUBLIC
11 ATTENDING THE FACILITY. THE BOARD MAY ALSO TAKE INTO ACCOUNT THE
12 POTENTIAL BENEFIT TO ECONOMIC DEVELOPMENT, EMPLOYMENT AND
13 TOURISM, ENHANCED REVENUES TO THE COMMONWEALTH AND OTHER
14 ECONOMIC INDICATORS IT DEEMS APPLICABLE IN MAKING ITS DECISION.
15 § 1211. REPORTS OF BOARD.
16 (A) REPORT OF BOARD.--EIGHTEEN MONTHS AFTER THE EFFECTIVE
17 DATE OF THIS PART AND EVERY YEAR ON THAT DATE THEREAFTER, THE
18 BOARD SHALL ISSUE A REPORT TO THE GOVERNOR AND EACH MEMBER OF
19 THE GENERAL ASSEMBLY ON THE GENERAL OPERATION OF THE BOARD AND
20 EACH SLOT MACHINE LICENSEE'S PERFORMANCE, INCLUDING, BUT NOT
21 LIMITED TO, NUMBER AND WIN PER SLOT MACHINE AT LICENSED
22 FACILITIES DURING THE PREVIOUS YEAR, ALL TAXES, FEES, FINES AND
23 OTHER REVENUES COLLECTED AND, WHERE APPROPRIATE, DISBURSED, THE
24 COSTS OF OPERATION OF THE BOARD, ALL HEARINGS CONDUCTED AND THE
25 RESULTS OF THE HEARINGS AND OTHER INFORMATION THAT THE BOARD
26 DEEMS NECESSARY AND APPROPRIATE.
27 (B) REPORT OF THE LEGISLATIVE BUDGET AND FINANCE
28 COMMITTEE.--NO LATER THAN MARCH 15 OF THE YEAR FOLLOWING THE
29 EFFECTIVE DATE OF THIS PART AND EACH MARCH 15 THEREAFTER, THE
30 LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL ISSUE A REPORT TO
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1 THE GENERAL ASSEMBLY ANALYZING THE IMPACT, IF ANY, OF THIS PART
2 ON THE STATE LOTTERY.
3 (C) INTERCEPTION OF GAMING WINNINGS.--THE BOARD SHALL
4 CONDUCT A STUDY TO DETERMINE THE FEASIBILITY OF IMPLEMENTING
5 METHODS FOR THE INTERCEPTION OF THE GAMING WINNINGS OF
6 INDIVIDUALS WHO ARE DELINQUENT SUPPORT OBLIGORS OR TAX
7 DELINQUENT. THE STUDY SHALL BE COMPLETED BY DECEMBER 31, 2006,
8 AND SHALL CONTAIN RECOMMENDATIONS WHICH THE BOARD DETERMINES
9 APPROPRIATE.
10 § 1212. DIVERSITY GOALS OF BOARD.
11 (A) INTENT.--IT IS THE INTENT AND GOAL OF THE GENERAL
12 ASSEMBLY THAT THE BOARD PROMOTE AND ENSURE DIVERSITY IN ALL
13 ASPECTS OF THE GAMING ACTIVITIES AUTHORIZED UNDER THIS PART. THE
14 BOARD SHALL WORK TO ENHANCE THE REPRESENTATION OF DIVERSE GROUPS
15 IN THE OWNERSHIP, PARTICIPATION AND OPERATION OF LICENSED
16 ENTITIES AND LICENSED FACILITIES IN THIS COMMONWEALTH AND
17 THROUGH THE OWNERSHIP, PARTICIPATION AND OPERATION OF BUSINESS
18 ENTERPRISES ASSOCIATED WITH OR UTILIZED BY LICENSED ENTITIES AND
19 LICENSED FACILITIES AND THROUGH THE PROVISION OF GOODS AND
20 SERVICES UTILIZED BY SLOT MACHINE LICENSEES UNDER THIS PART.
21 (B) INVESTIGATIONS.--THE BOARD IS AUTHORIZED TO INVESTIGATE
22 AND CONDUCT AN ANNUAL STUDY TO ASCERTAIN WHETHER EFFECTIVE AND
23 MEANINGFUL ACTION HAS BEEN TAKEN OR WILL BE TAKEN TO ENHANCE THE
24 REPRESENTATION OF DIVERSE GROUPS IN THE OWNERSHIP, PARTICIPATION
25 AND OPERATION OF LICENSED FACILITIES IN THIS COMMONWEALTH AND
26 THROUGH THE OWNERSHIP AND OPERATION OF BUSINESS ENTERPRISES
27 ASSOCIATED WITH OR UTILIZED BY SLOT MACHINE LICENSEES, THROUGH
28 THE PROVISION OF GOODS AND SERVICES UTILIZED BY SLOT MACHINE
29 LICENSEES AND THROUGH EMPLOYMENT OPPORTUNITIES.
30 (C) COMPLETION OF INVESTIGATION.--THE FIRST STUDY SHALL BE
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1 COMPLETED SIX MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS PART,
2 IF PRACTICALLY POSSIBLE, AND ANNUALLY THEREAFTER, AND SHALL
3 CONTAIN RECOMMENDATIONS WHICH THE BOARD DETERMINES APPROPRIATE.
4 § 1213. LICENSE OR PERMIT PROHIBITION.
5 NO APPLICANT FOR A LICENSE OR PERMIT UNDER THIS PART,
6 INCLUDING DIRECTORS, OWNERS AND KEY EMPLOYEES, THAT HAS BEEN
7 CONVICTED, IN ANY JURISDICTION, OF A FELONY OR GAMBLING OFFENSE
8 WITHIN THE PAST 15 YEARS, SHALL BE ISSUED A LICENSE OR PERMIT
9 UNDER THIS PART OR BE FOUND QUALIFIED TO SERVE IN A POSITION AS
10 A DIRECTOR, OWNER OR KEY EMPLOYEE OF OR ASSOCIATED WITH ANY
11 LICENSEE OR PERMITTEE.
12 CHAPTER 13
13 LICENSEES
14 SEC.
15 1301. AUTHORIZED SLOT MACHINE LICENSES.
16 1302. CATEGORY 1 SLOT MACHINE LICENSE.
17 1303. ADDITIONAL CATEGORY 1 SLOT MACHINE LICENSE
18 REQUIREMENTS.
19 1304. CATEGORY 2 SLOT MACHINE LICENSE.
20 1305. CATEGORY 3 SLOT MACHINE LICENSE.
21 1306. ORDER OF INITIAL LICENSE ISSUANCE.
22 1307. NUMBER OF SLOT MACHINE LICENSES.
23 1308. APPLICATIONS FOR LICENSE OR PERMIT.
24 1309. SLOT MACHINE LICENSE APPLICATION.
25 1310. SLOT MACHINE LICENSE APPLICATION CHARACTER
26 REQUIREMENTS.
27 1311. SLOT MACHINE LICENSE APPLICATION BUSINESS ENTITY
28 REQUIREMENTS.
29 1312. DIVESTITURE OF DISQUALIFYING APPLICANT.
30 1313. SLOT MACHINE LICENSE APPLICATION FINANCIAL
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1 FITNESS REQUIREMENTS.
2 1314. ALTERNATIVE CATEGORY 1 LICENSING STANDARDS.
3 1315. CONDITIONAL CATEGORY 1 LICENSES.
4 1316. BOND FOR ISSUANCE OF SLOT MACHINE LICENSE.
5 1317. SUPPLIER AND MANUFACTURER LICENSES APPLICATION.
6 1318. OCCUPATION PERMIT APPLICATION.
7 1319. ALTERNATIVE MANUFACTURER LICENSING STANDARDS.
8 1320. SLOT MACHINE TESTING AND CERTIFICATION STANDARDS.
9 1321. ADDITIONAL LICENSES AND PERMITS AND APPROVAL OF
10 AGREEMENTS.
11 1322. SLOT MACHINE ACCOUNTING CONTROLS AND AUDITS.
12 1323. CENTRAL CONTROL COMPUTER SYSTEM.
13 1324. PROTOCOL INFORMATION.
14 1325. LICENSE OR PERMIT ISSUANCE.
15 1326. LICENSE RENEWALS.
16 1327. NONTRANSFERABILITY OF LICENSES.
17 1328. CHANGE IN OWNERSHIP OR CONTROL OF SLOT MACHINE
18 LICENSEE.
19 1329. NONPORTABILITY OF SLOT MACHINE LICENSE.
20 1330. MULTIPLE SLOT MACHINE LICENSE PROHIBITION.
21 1331. DUTY OF LICENSEES, KEY EMPLOYEES AND GAMING EMPLOYEES.
22 § 1301. AUTHORIZED SLOT MACHINE LICENSES.
23 THERE SHALL BE THREE DISTINCT CLASSIFICATIONS OF SLOT MACHINE
24 LICENSES, DESIGNATED BY CATEGORY, EACH PERMITTING A LICENSED
25 RACING ENTITY OR PERSON TO APPLY FOR A QUALIFYING LICENSE
26 CATEGORY AND, UPON ISSUANCE BY THE BOARD, IN ITS DISCRETION, TO
27 PLACE AND OPERATE SLOT MACHINES AT A LICENSED FACILITY. EXCEPT
28 FOR CONDITIONAL CATEGORY 1 LICENSE APPLICATIONS PURSUANT TO
29 SECTION 1315 (RELATING TO CONDITIONAL CATEGORY 1 LICENSE), IT IS
30 MANDATORY THAT THE BOARD SHALL CONSIDER, APPROVE, CONDITION OR
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1 DENY THE APPROVAL OF ALL INITIAL APPLICATIONS FOR EACH AND EVERY
2 CATEGORY OF SLOT MACHINE LICENSES COLLECTIVELY AND TOGETHER, IN
3 A COMPREHENSIVE STATEWIDE MANNER, WITHIN 12 MONTHS FOLLOWING THE
4 TIME SET BY THE BOARD AT WHICH ALL APPLICATIONS ARE TO BE FILED
5 AND DEEMED COMPLETE BY THE BOARD. THE BOARD SHALL APPROVE,
6 CONDITION OR DENY THE ISSUANCE OF A SLOT MACHINE LICENSE OF ANY
7 CATEGORY WITHIN THE TIME PERIOD PROVIDED FOR HEREIN. FOLLOWING
8 APPROVAL OF AN APPLICATION FOR A SLOT MACHINE LICENSE, THE
9 APPLICANT SHALL PROVIDE FORMAL NOTIFICATION TO THE BOARD AS SOON
10 AS:
11 (I) IT FULFILLS ALL REQUIRED CONDITIONS FOR ISSUANCE
12 OF THE LICENSE; AND
13 (II) THE BOARD'S DECISION APPROVING THE APPLICATION
14 IS A FINAL, BINDING, NONAPPEALABLE DETERMINATION WHICH IS
15 NOT SUBJECT TO A PENDING LEGAL CHALLENGE.
16 UPON RECEIPT OF SUCH FORMAL NOTIFICATION AND UPON CONDUCTING ANY
17 NECESSARY VERIFICATION, THE BOARD SHALL ISSUE A SLOT MACHINE
18 LICENSE TO THE APPLICANT.
19 § 1302. CATEGORY 1 SLOT MACHINE LICENSE.
20 (A) ELIGIBILITY.--A PERSON MAY BE ELIGIBLE TO APPLY FOR A
21 CATEGORY 1 LICENSE TO PLACE AND OPERATE SLOT MACHINES AT A
22 LICENSED RACETRACK FACILITY IF THE PERSON:
23 (1) HAS BEEN ISSUED A LICENSE FROM EITHER THE STATE
24 HORSE RACING COMMISSION OR THE STATE HARNESS RACING
25 COMMISSION TO CONDUCT THOROUGHBRED OR HARNESS RACE MEETINGS
26 RESPECTIVELY WITH PARI-MUTUEL WAGERING AND HAS CONDUCTED LIVE
27 HORSE RACES FOR NOT LESS THAN TWO YEARS IMMEDIATELY PRECEDING
28 THE EFFECTIVE DATE OF THIS PART;
29 (2) HAS BEEN APPROVED OR ISSUED A LICENSE FROM EITHER
30 THE STATE HORSE RACING COMMISSION OR THE STATE HARNESS RACING
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1 COMMISSION TO CONDUCT THOROUGHBRED OR HARNESS RACE MEETINGS
2 RESPECTIVELY WITH PARI-MUTUEL WAGERING WITHIN 18 MONTHS
3 IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS PART AND
4 WILL SUCCESSFULLY CONDUCT LIVE RACING PURSUANT TO THE
5 REQUIREMENTS OF SECTION 1303 (RELATING TO ADDITIONAL CATEGORY
6 3 SLOT MACHINE LICENSE REQUIREMENTS); OR
7 (3) HAS BEEN APPROVED BY THE STATE HARNESS RACING
8 COMMISSION, AFTER THE EFFECTIVE DATE OF THIS PART, TO CONDUCT
9 HARNESS RACE MEETINGS WITH PARI-MUTUEL WAGERING AND WILL
10 CONDUCT LIVE RACING PURSUANT TO THE REQUIREMENTS OF SECTION
11 1303.
12 (4) IS A SUCCESSOR IN INTEREST TO PERSONS ELIGIBLE UNDER
13 PARAGRAPH (1), (2) OR (3) WHO COMPLY WITH THE REQUIREMENTS OF
14 SECTION 1328 (RELATING TO CHANGE IN OWNERSHIP OR CONTROL OF
15 SLOT MACHINE LICENSEE) OR IS A SUCCESSOR IN INTEREST TO
16 PERSONS OTHERWISE ELIGIBLE UNDER PARAGRAPH (1), (2) OR (3)
17 BUT PRECLUDED FROM ELIGIBILITY UNDER THE PROVISIONS OF
18 SECTION 1330.
19 NOTHING IN THIS PART SHALL BE CONSTRUED TO PERMIT THE APPROVAL
20 OR ISSUANCE OF MORE THAN ONE SLOT MACHINE LICENSE AT A LICENSED
21 RACETRACK FACILITY.
22 (B) LOCATION.--A CATEGORY 1 LICENSE MAY ONLY BE ISSUED TO AN
23 ELIGIBLE PERSON AUTHORIZING SLOT MACHINE OPERATIONS AT THE
24 PARTICULAR LICENSED RACETRACK FACILITY IDENTIFIED IN THE
25 APPLICATION. NO CATEGORY 1 LICENSED FACILITY SHALL BE LOCATED
26 WITHIN 20 LINEAR MILES OF ANOTHER CATEGORY 1 LICENSED FACILITY.
27 § 1303. ADDITIONAL CATEGORY 1 SLOT MACHINE LICENSE
28 REQUIREMENTS.
29 (A) ELIGIBILITY.--IN ADDITION TO THE CRITERIA PRESCRIBED IN
30 SECTION 1302 (RELATING TO CATEGORY 1 SLOT MACHINE LICENSE) AN
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1 APPLICANT FOR A CATEGORY 1 SLOT MACHINE LICENSE SHALL BE
2 ELIGIBLE FOR A LICENSE TO PLACE AND OPERATE SLOT MACHINES AT A
3 LICENSED FACILITY ONLY IF THE APPLICANT MEETS ONE OF THE
4 FOLLOWING CRITERIA:
5 (1) THE LICENSED RACING ENTITY OR ITS PREDECESSOR OWNER
6 OF THE LICENSED RACETRACK HAS CONDUCTED LIVE HORSE RACES FOR
7 NOT LESS THAN TWO YEARS IMMEDIATELY PRECEDING THE EFFECTIVE
8 DATE OF THIS PART; OR
9 (2) THE LICENSED RACING ENTITY HAS NOT PREVIOUSLY
10 CONDUCTED LIVE RACING AT A RACETRACK BUT WILL CONDUCT LIVE
11 RACING FOR A MINIMUM OF 150 DAYS TO BEGIN IN THE YEAR WHICH
12 BEGINS TWO YEARS FOLLOWING THE ISSUANCE OF ITS SLOT MACHINE
13 LICENSE FOR THE RACETRACK UNLESS THE APPROPRIATE COMMISSION
14 DETERMINES, UPON APPLICATION, THAT IT IS NOT PRACTICALLY
15 FEASIBLE FOR THE LICENSED RACING ENTITY TO CONDUCT LIVE
16 RACING FOR A MINIMUM OF 150 DAYS DUE TO PROJECTED OR ACTUAL
17 WEATHER CONDITIONS. FAILURE TO MEET THE REQUIRED MINIMUM
18 NUMBER OF DAYS WILL RESULT IN IMMEDIATE SUSPENSION OF THE
19 SLOT MACHINE LICENSE.
20 (B) REQUIRED RACING DAYS.--EXCEPT AS PROVIDED IN SUBSECTION
21 (A)(2), A CATEGORY 1 SLOT MACHINE LICENSEE MUST CONDUCT LIVE
22 RACING AT THE RACETRACK FOR AT LEAST 100 DAYS PER CALENDAR YEAR
23 FOR EACH LICENSE HELD BY THE LICENSED RACING ENTITY PURSUANT TO
24 THE RACE HORSE INDUSTRY REFORM ACT AND THE AGGREGATE NUMBER OF
25 LIVE RACING DAYS AT THE RACETRACK WHERE THE CATEGORY 1 SLOT
26 MACHINE LICENSEE CONDUCTS LIVE RACING SHALL NOT BE LESS THAN 95%
27 OF THE TOTAL NUMBER OF HORSE OR HARNESS RACING DAYS THAT WERE
28 SCHEDULED IN 1986 AT THAT RACETRACK. IF A RACING DAY IS CANCELED
29 FOR REASONS BEYOND THE CONTROL OF THE LICENSED RACING ENTITY,
30 THE APPROPRIATE COMMISSION SHALL GRANT THE LICENSEE THE RIGHT TO
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1 CONDUCT THAT RACING DAY IN THE SAME OR NEXT ENSUING CALENDAR
2 YEAR. THE PURSE FOR THAT RACING DAY SHALL NOT BE USED FOR THE
3 PURSE OF OTHER SCHEDULED RACING DAYS OF THAT CALENDAR YEAR AND
4 MUST BE USED FOR THE PURSE OF SUCH RESCHEDULED DAY.
5 (C) LIMITATIONS.--THE ISSUANCE OF A CATEGORY 1 SLOT MACHINE
6 LICENSE SHALL ENTITLE THE LICENSEE TO OPERATE SLOT MACHINES ONLY
7 WITHIN THE GROUNDS OF A LICENSED RACETRACK.
8 (D) AUTHORIZATION.--AUTHORIZATION FOR A CATEGORY 1 SLOT
9 MACHINE LICENSEE TO CONTINUE THE OPERATION OF SLOT MACHINES
10 SHALL BE LIMITED TO THOSE LICENSEES THAT:
11 (1) HAVE A WRITTEN LIVE RACING AGREEMENT WITH A
12 HORSEMEN'S ORGANIZATION REPRESENTING A MAJORITY OF OWNERS AND
13 TRAINERS AT THE RACETRACK WHERE THE LICENSED RACING ENTITY
14 CONDUCTS LIVE RACING.
15 (2) HAVE 95% OF THE TOTAL NUMBER OF HORSE OR HARNESS
16 RACING DAYS THAT WERE SCHEDULED IN 1986 BY IT OR ITS
17 PREDECESSOR AT THE RACETRACK WHERE THE CATEGORY 1 SLOT
18 MACHINE LICENSEE CONDUCTS LIVE RACING AND THE AGGREGATE
19 NUMBER OF LIVE RACING DAYS AT THE RACETRACK WHERE THE
20 CATEGORY 1 SLOT MACHINE LICENSEE CONDUCTS LIVE RACING SHALL
21 NOT BE LESS THAN 95% OF THE TOTAL NUMBER OF HORSE OR HARNESS
22 RACING DAYS THAT WERE SCHEDULED IN 1986 AT THAT RACETRACK. A
23 NEW LICENSEE WHICH OPENS A NEW RACETRACK AND WHICH WILL
24 SUCCESSFULLY CONDUCT LIVE RACING FOR A MINIMUM OF 150 DAYS TO
25 BEGIN NO LATER THAN IN THE YEAR WHICH BEGINS TWO YEARS
26 FOLLOWING THE ISSUANCE OF ITS SLOT MACHINE LICENSE FOR THE
27 RACETRACK, UNLESS THE APPROPRIATE COMMISSION DETERMINES, UPON
28 APPLICATION, THAT IT IS NOT PRACTICALLY FEASIBLE FOR THE
29 LICENSED RACING ENTITY TO CONDUCT LIVE RACING FOR A MINIMUM
30 OF 150 DAYS DUE TO PROJECTED OR ACTUAL WEATHER CONDITIONS,
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1 SHALL BE ALLOWED TO OPERATE SLOT MACHINES, FROM THE DATE ITS
2 SLOT MACHINE LICENSE IS ISSUED AND INTRASTATE AND INTERSTATE
3 SIMULCAST IN ACCORDANCE WITH THE RACE HORSE INDUSTRY REFORM
4 ACT, FROM THE FIRST DAY OF THE CALENDAR YEAR IN WHICH IT
5 CONDUCTS LIVE RACING DAYS.
6 (3) UNLESS THE HORSEMEN'S ORGANIZATION REPRESENTING A
7 MAJORITY OF THE OWNERS AND TRAINERS CONSENTS TO A LOWER
8 NUMBER OF REQUIRED RACING DAYS AT THE RACETRACK, SUBJECT TO
9 ACTIONS OR ACTIVITIES BEYOND THE CONTROL OF THE LICENSEE,
10 CONDUCT NOT FEWER THAN EIGHT LIVE RACES PER RACE DATE DURING
11 EACH MEET AT THE RACETRACK WHERE THE LICENSED RACING ENTITY
12 CONDUCTS LIVE RACING, EXCEPT FOR THOROUGHBRED TRACKS ON THE
13 DAY DESIGNATED AS A BREEDER'S CUP EVENT DAY, WHEN THE
14 LICENSED RACING ENTITY SHALL HOLD A MINIMUM OF FIVE LIVE
15 RACES. THE CATEGORY 1 SLOT MACHINE LICENSEE SHALL NOT WAIVE
16 OR MODIFY THE PROVISIONS PERTAINING TO THE REQUIRED NUMBER OF
17 RACING DAYS UNDER PARAGRAPH (2) AND RACES PER DAY SCHEDULED
18 IN THIS SUBSECTION WITHOUT THE CONSENT OF THE HORSEMEN'S
19 ORGANIZATION REPRESENTING A MAJORITY OF OWNERS AND TRAINERS
20 AT THE RACETRACK.
21 (4) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), IN
22 THE EVENT THAT A WRITTEN LIVE RACING AGREEMENT HAS NOT BEEN
23 ENTERED INTO, PERMISSION FOR ANY LICENSEE TO OPERATE SLOT
24 MACHINES AT RACETRACKS SHALL BE GRANTED PROVIDED THAT THE
25 CATEGORY 1 SLOT MACHINE LICENSEE HAS CONTINUED TO CONDUCT
26 LIVE RACING IN ACCORDANCE WITH PARAGRAPHS (2) AND (3) AND
27 KEEPS ITS RACETRACK OPEN TO THE GENERAL POPULATION OF OWNERS,
28 TRAINERS AND HORSES STABLED THERE FOR TRAINING AND STABLING
29 ON A REGULAR BASIS, WHEN IT IS NORMALLY OPEN FOR LIVE RACING
30 AND DURING SUCH PERIODS, AND CONTINUES TO COMPLY WITH ALL
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1 PROVISIONS OF THE MOST RECENTLY EXPIRED LIVE RACING
2 AGREEMENT, INCLUDING RECOGNITION OF THE THEN EXISTING
3 HORSEMEN'S ORGANIZATION AT EACH SUCH RACETRACK AS THE SOLE
4 REPRESENTATIVE OF THE HORSEMEN AT THAT TIME, AND PAYS PURSES
5 AS DEFINED IN THE MOST RECENTLY EXPIRED LIVE RACING AGREEMENT
6 PLUS THE APPLICABLE PURSE REVENUE DISTRIBUTED TO LICENSED
7 RACING ENTITIES FROM THE OPERATION OF SLOT MACHINES UNDER
8 THIS PART. NOTHING IN THIS PART SHALL EXEMPT AN EXISTING OR
9 FUTURE LICENSED RACETRACK FROM THE REQUIREMENTS OF THE RACE
10 HORSE INDUSTRY REFORM ACT REQUIRING A LICENSED CORPORATION TO
11 HAVE A WRITTEN AND UNEXPIRED LIVE RACING AGREEMENT WITH THE
12 HORSEMEN'S ORGANIZATION REPRESENTING A MAJORITY OF OWNERS AND
13 TRAINERS AT THE RACETRACK WHERE THE LICENSED CORPORATION
14 CONDUCTS OR WILL CONDUCT LIVE RACING DATES IN ORDER TO
15 CONTINUE OR COMMENCE ANY FORM OF SIMULCASTING.
16 (5) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO
17 THE CONTRARY, ACCOUNT WAGERS, AUTHORIZED PURSUANT TO SECTION
18 218(B) OF THE RACE HORSE INDUSTRY REFORM ACT, SHALL ONLY BE
19 ACCEPTED BY A LICENSED CORPORATION IN ACCORDANCE WITH THE
20 PROVISIONS OF THE RACE HORSE INDUSTRY REFORM ACT AND NO
21 ENTITY THAT IS NOT A LICENSED CORPORATION UNDER THAT ACT
22 SHALL ACCEPT AN ACCOUNT WAGER FROM ANY PERSON WITHIN THIS
23 COMMONWEALTH.
24 § 1304. CATEGORY 2 SLOT MACHINE LICENSE.
25 (A) ELIGIBILITY.--A PERSON MAY BE ELIGIBLE TO APPLY FOR A
26 CATEGORY 2 LICENSE IF THE APPLICANT, ITS AFFILIATE,
27 INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY IS NOT OTHERWISE
28 ELIGIBLE TO APPLY FOR A CATEGORY 1 LICENSE AND THE PERSON IS
29 SEEKING TO LOCATE A LICENSED FACILITY IN A CITY OF THE FIRST
30 CLASS, A CITY OF THE SECOND CLASS OR A REVENUE OR TOURISM
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1 ENHANCED LOCATION. IT SHALL NOT BE A CONDITION OF ELIGIBILITY TO
2 APPLY FOR A CATEGORY 2 LICENSE TO OBTAIN A LICENSE FROM EITHER
3 THE STATE HORSE RACING COMMISSION OR THE STATE HARNESS RACING
4 COMMISSION TO CONDUCT THOROUGHBRED OR HARNESS RACE MEETINGS
5 RESPECTIVELY WITH PARI-MUTUEL WAGERING.
6 (B) LOCATION.--TWO CATEGORY 2 LICENSED FACILITIES, AND NO
7 MORE, SHALL BE LOCATED BY THE BOARD WITHIN A CITY OF THE FIRST
8 CLASS AND ONE CATEGORY 2 LICENSED FACILITY, AND NO MORE, SHALL
9 BE LOCATED BY THE BOARD WITHIN A CITY OF THE SECOND CLASS. NO
10 CATEGORY 2 LICENSED FACILITY LOCATED BY THE BOARD WITHIN A CITY
11 OF THE FIRST CLASS SHALL BE WITHIN TEN LINEAR MILES OF A
12 CATEGORY 1 LICENSED FACILITY, REGARDLESS OF THE MUNICIPALITY
13 WHERE THE CATEGORY 1 LICENSED FACILITY IS LOCATED. EXCEPT FOR
14 ANY CATEGORY 2 LICENSED FACILITY LOCATED BY THE BOARD WITHIN A
15 CITY OF THE FIRST CLASS OR A CITY OF THE SECOND CLASS, NO
16 CATEGORY 2 LICENSED FACILITY SHALL BE LOCATED WITHIN 30 LINEAR
17 MILES OF ANY CATEGORY 1 LICENSED FACILITY THAT HAS CONDUCTED
18 OVER 200 RACING DAYS PER YEAR FOR THE TWO CALENDAR YEARS
19 IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS PART AND NOT
20 WITHIN 20 LINEAR MILES OF ANY OTHER CATEGORY 1 LICENSED
21 FACILITY. EXCEPT FOR ANY CATEGORY 2 LICENSED FACILITY LOCATED BY
22 THE BOARD WITHIN A CITY OF THE FIRST CLASS, NO CATEGORY 2
23 LICENSED FACILITY SHALL BE LOCATED WITHIN 20 LINEAR MILES OF
24 ANOTHER CATEGORY 2 LICENSED FACILITY.
25 § 1305. CATEGORY 3 SLOT MACHINE LICENSE.
26 (A) ELIGIBILITY.--A PERSON MAY BE ELIGIBLE TO APPLY FOR A
27 CATEGORY 3 LICENSE IF THE APPLICANT, ITS AFFILIATE,
28 INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY HAS NOT APPLIED FOR
29 OR BEEN APPROVED OR ISSUED A CATEGORY 1 OR 2 LICENSE, AND THE
30 PERSON IS SEEKING TO LOCATE A CATEGORY 3 LICENSED FACILITY IN A
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1 WELL ESTABLISHED RESORT HOTEL HAVING NO FEWER THAN 275 GUEST
2 ROOMS UNDER COMMON OWNERSHIP AND HAVING SUBSTANTIAL YEAR-ROUND
3 RECREATIONAL GUEST AMENITIES. THE APPLICANT FOR A CATEGORY 3
4 LICENSE SHALL BE THE OWNER OR BE A WHOLLY OWNED SUBSIDIARY OF
5 THE OWNER OF THE ESTABLISHED RESORT HOTEL. A CATEGORY 3 LICENSE
6 MAY ONLY BE GRANTED UPON THE EXPRESS CONDITION THAT AN
7 INDIVIDUAL MAY NOT ENTER A GAMING AREA OF THE LICENSEE IF THE
8 INDIVIDUAL IS NOT A REGISTERED OVERNIGHT GUEST OF THE
9 ESTABLISHED RESORT HOTEL OR IF THE INDIVIDUAL IS NOT A PATRON OF
10 ONE OR MORE OF THE AMENITIES PROVIDED BY THE ESTABLISHED RESORT
11 HOTEL.
12 (B) LOCATION.--NO CATEGORY 3 LICENSE SHALL BE LOCATED BY THE
13 BOARD WITHIN 15 LINEAR MILES OF ANOTHER LICENSED FACILITY.
14 (C) NUMBER OF SLOT MACHINES.--NOTWITHSTANDING THE NUMBER OF
15 PERMISSIBLE SLOT MACHINES AS SET FORTH IN SECTION 1210 (RELATING
16 TO NUMBER OF SLOT MACHINES), A CATEGORY 3 LICENSE GRANTED UNDER
17 THE PROVISIONS OF THIS SECTION SHALL ENTITLE THE LICENSED ENTITY
18 TO OPERATE NO MORE THAN 500 SLOT MACHINES AT THE LICENSED
19 FACILITY.
20 (D) CATEGORY 3 LICENSE FEE.--NOTWITHSTANDING THE ONE-TIME
21 SLOT MACHINE LICENSE FEE AS SET FORTH IN SECTION 1209 (RELATING
22 TO SLOT MACHINE LICENSE FEE), THE BOARD SHALL IMPOSE A ONE-TIME
23 CATEGORY 3 LICENSE FEE TO BE PAID BY EACH SUCCESSFUL APPLICANT
24 IN AN AMOUNT OF $5,000,000. THE PROVISIONS OF SECTION 1209
25 RELATING TO TERM, CREDIT AGAINST TAX FOR SLOT MACHINE LICENSEES,
26 DEPOSIT OF LICENSE FEE AND CHANGE OF OWNERSHIP OR CONTROL OF A
27 LICENSE SHALL BE APPLICABLE TO A CATEGORY 3 LICENSE FEE.
28 (E) DEFINITIONS.--FOR THE PURPOSE OF SUBSECTION (A), THE
29 FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANING GIVEN TO THEM
30 IN THIS SUBSECTION:
20040H2330B4272 - 51 -

1 "AMENITIES." ANY ANCILLARY ACTIVITIES, SERVICES OR
2 FACILITIES IN WHICH A REGISTERED GUEST OR THE TRANSIENT PUBLIC,
3 IN RETURN FOR NON-DE MINIMIS CONSIDERATION AS DEFINED BY BOARD
4 REGULATION, MAY PARTICIPATE AT A RESORT HOTEL, INCLUDING, BUT
5 NOT LIMITED TO: SPORTS AND RECREATIONAL ACTIVITIES AND
6 FACILITIES, SUCH AS A GOLF COURSE OR GOLF DRIVING RANGE, TENNIS
7 COURTS, OR SWIMMING POOL; HEALTH SPA; CONVENTION, MEETING AND
8 BANQUET FACILITIES; ENTERTAINMENT FACILITIES; AND RESTAURANT
9 FACILITIES.
10 "PATRON OF THE AMENITIES." ANY INDIVIDUAL WHO IS A
11 REGISTERED ATTENDEE OF A CONVENTION, MEETING OR BANQUET EVENT OR
12 A PARTICIPANT IN A SPORT OR RECREATIONAL EVENT OR ANY OTHER
13 SOCIAL, CULTURAL OR BUSINESS EVENT HELD AT A RESORT HOTEL OR WHO
14 PARTICIPATES IN ONE OR MORE OF THE AMENITIES PROVIDED TO
15 REGISTERED GUESTS OF THE RESORT HOTEL.
16 § 1306. ORDER OF INITIAL LICENSE ISSUANCE.
17 IN ORDER TO FACILITATE THE TIMELY AND ORDERLY DEPLOYMENT OF
18 LICENSED GAMING OPERATIONS IN THIS COMMONWEALTH, THE BOARD SHALL
19 ADOPT A SCHEDULE BY WHICH APPLICANTS FOR SLOT MACHINE,
20 MANUFACTURER AND SUPPLIER LICENSES SHALL BE FILED, CONSIDERED
21 AND RESOLVED IN ACCORDANCE WITH THE PROVISIONS OF THIS PART. IN
22 SO DOING, THE BOARD SHALL CONSIDER, APPROVE, CONDITION OR DENY
23 THE APPROVAL OF ALL FILED APPLICATIONS FOR MANUFACTURER AND
24 SUPPLIER LICENSES AS SOON AS ADMINISTRATIVELY POSSIBLE AND AT
25 LEAST THREE MONTHS PRIOR TO THE BOARD'S APPROVAL, CONDITIONING,
26 OR DENIAL OF THE APPROVAL OF ANY CATEGORY 1 LICENSE APPLICATION
27 PURSUANT TO SECTION 1315 (RELATING TO CONDITIONAL CATEGORY 1
28 LICENSES) OR ANY OTHER CATEGORY OF SLOT MACHINE LICENSE PURSUANT
29 TO SECTION 1301 (RELATING TO AUTHORIZED SLOT MACHINE LICENSE).
30 THE BOARD SHALL ENSURE THAT AN ADEQUATE NUMBER OF SUPPLIERS HAVE
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1 BEEN LICENSED PURSUANT TO SECTION 1301 TO MEET MARKET DEMAND.
2 § 1307. NUMBER OF SLOT MACHINE LICENSES.
3 THE BOARD MAY LICENSE NO MORE THAN SEVEN CATEGORY 1 LICENSED
4 FACILITIES, AND NO MORE THAN FIVE CATEGORY 2 LICENSED
5 FACILITIES, AS IT MAY DEEM APPROPRIATE, AS LONG AS TWO, AND NOT
6 MORE, CATEGORY 2 LICENSES ARE LOCATED BY THE BOARD WITHIN THE
7 CITY OF THE FIRST CLASS AND THAT ONE, AND NOT MORE, CATEGORY 2
8 LICENSED FACILITY IS LOCATED BY THE BOARD WITHIN THE CITY OF THE
9 SECOND CLASS. THE BOARD MAY, AT ITS DISCRETION, INCREASE THE
10 TOTAL NUMBER OF CATEGORY 2 LICENSED FACILITIES PERMITTED TO BE
11 LICENSED BY THE BOARD, BY AN AMOUNT NOT TO EXCEED THE TOTAL
12 NUMBER OF CATEGORY 1 LICENSES NOT APPLIED FOR WITHIN FIVE YEARS
13 FOLLOWING THE EFFECTIVE DATE OF THIS PART. EXCEPT AS PERMITTED
14 BY SECTION 1328 (RELATING TO CHANGE IN OWNERSHIP OR CONTROL OF
15 SLOT MACHINE LICENSEE), ANY CATEGORY 1 LICENSE MAY BE REISSUED
16 BY THE BOARD, AT ITS DISCRETION, AS A CATEGORY 2 LICENSE IF AN
17 APPLICATION FOR ISSUANCE OF SUCH LICENSE HAS NOT BEEN MADE TO
18 THE BOARD. THE BOARD MAY LICENSE NO MORE THAN TWO CATEGORY 3
19 LICENSED FACILITIES.
20 § 1308. APPLICATIONS FOR LICENSE OR PERMIT.
21 (A) APPLICATIONS.--AN APPLICATION FOR A LICENSE OR PERMIT TO
22 BE ISSUED BY THE BOARD SHALL BE SUBMITTED ON A FORM AND IN A
23 MANNER AS SHALL BE REQUIRED BY THE BOARD. IN REVIEWING
24 APPLICATIONS, THE BOARD SHALL CONFIRM THAT ALL THE APPLICABLE
25 LICENSE OR PERMIT FEES HAVE BEEN PAID IN ACCORDANCE WITH THIS
26 PART.
27 (B) COMPLETENESS OF APPLICATIONS.--THE BOARD SHALL NOT
28 CONSIDER AN INCOMPLETE APPLICATION AND SHALL NOTIFY THE
29 APPLICANT IN WRITING IF AN APPLICATION IS INCOMPLETE. AN
30 APPLICATION SHALL BE CONSIDERED INCOMPLETE IF IT DOES NOT
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1 INCLUDE ALL APPLICABLE FEES AND ALL INFORMATION AND ACCOMPANYING
2 DOCUMENTATION REQUIRED BY THE BOARD, INCLUDING, BUT NOT LIMITED
3 TO, A CURRENT TAX LIEN CERTIFICATE ISSUED BY THE DEPARTMENT AT
4 THE TIME OF FILING THE APPLICATION. ANY UNPAID TAXES IDENTIFIED
5 ON THE TAX LIEN CERTIFICATE SHALL BE PAID BEFORE THE APPLICATION
6 IS CONSIDERED COMPLETE. A NOTIFICATION OF INCOMPLETENESS SHALL
7 STATE THE DEFICIENCIES IN THE APPLICATION THAT MUST BE CORRECTED
8 PRIOR TO CONSIDERATION OF THE MERITS OF THE APPLICATION.
9 (C) ADVERSE LITIGATION.--NOTWITHSTANDING ANY LAW TO THE
10 CONTRARY, THE BOARD AND THE COMMISSIONS SHALL NOT CONSIDER ANY
11 APPLICATION FOR A LICENSE IF THE APPLICANT OR ANY PERSON
12 AFFILIATED WITH OR DIRECTLY RELATED TO THE APPLICANT IS A PARTY
13 IN ANY ONGOING CIVIL PROCEEDING IN WHICH THE PARTY IS SEEKING TO
14 OVERTURN OR OTHERWISE CHALLENGE A DECISION OR ORDER OF THE BOARD
15 OR COMMISSIONS, PERTAINING TO THE APPROVAL, DENIAL, OR
16 CONDITIONING OF A LICENSE TO CONDUCT THOROUGHBRED OR HARNESS
17 HORSE RACE MEETINGS RESPECTIVELY WITH PARI-MUTUEL WAGERING, OR
18 TO OPERATE SLOT MACHINES. THIS SUBSECTION SHALL NOT BE
19 INTERPRETED TO AFFECT THE RIGHTS OF APPLICANTS TO SEEK JUDICIAL
20 ENFORCEMENT OF MANDATORY OBLIGATIONS OF THE BOARD AS MAY BE
21 REQUIRED BY THIS PART.
22 § 1309. SLOT MACHINE LICENSE APPLICATION.
23 (A) GENERAL REQUIREMENTS.--IN ADDITION TO ANY OTHER
24 INFORMATION REQUIRED UNDER THIS PART OR AS MAY BE REQUIRED BY
25 THE BOARD, THE APPLICATION FOR ANY CATEGORY OF SLOT MACHINE
26 LICENSE SHALL INCLUDE AT A MINIMUM:
27 (1) THE NAME, ADDRESS, PHOTOGRAPH AND HANDWRITING
28 EXEMPLAR OF THE APPLICANT AND OF ALL DIRECTORS AND OWNERS AND
29 KEY EMPLOYEES AND THEIR POSITIONS WITHIN THE CORPORATION OR
30 ORGANIZATION, AS WELL AS ANY ADDITIONAL FINANCIAL INFORMATION
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