FOR IMMEDIATE RELEASE

November 2nd, 2017

COMMONWEALTH OF PENNSYLVANIA

Pennsylvania Gaming Control Board
P.O. Box 69060
Harrisburg, PA 17106-9060

Notice From the PA Gaming Control Board: County Option To Prohibit Placement of Truck Stop Video Gaming Terminals

HARRISBURG, PA:   On October 30, 2017, Governor Wolf signed into law House Bill 271 which amends the Pennsylvania Race Horse Development and Gaming Act (“Act”), 4 Pa.C.S. §§1101 et seq., and authorizes a number of gambling expansion opportunities throughout the Commonwealth. 

One such opportunity is found in the creation of Video Gaming at certain truck stops across Pennsylvania. Under the expansion language, a truck stop which could be eligible for placement of up to 5 video gaming terminals is defined as:

·         a premises that is equipped with diesel islands used for fueling commercial motor vehicles;

·         has sold on average 50,000 gallons of diesel or biodiesel fuel each month for the previous 12 months or is projected to do so for the next 12 months;

·         has at least 20 parking spaces dedicated for commercial motor vehicles;

·         has a convenience store;

·         is situated on a parcel of land not less than three acres; and,

·         is not located on any property owned by the Pennsylvania Turnpike.

Section 4506 of the Act provides for a “Host County Option” that permits a county in which a Category 1, Category 2 or Category 3 Slot Machine Licensee is located to prohibit, or opt-out of, the placement of video gaming terminals within the host county by delivering a resolution exercising this power within 60 days of the effective date of §4506 which would be no later than December 29, 2017.1    

In order to facilitate this process, if a county which currently hosts a Category 1, 2 or 3 casino facility desired to avail itself of the Host County Option regarding video gaming terminals, the Pennsylvania Gaming Control Board provides the following guidance:

·         The governing body of the County should officially adopt the Resolution at a public meeting consistent with the requirements  of Pennsylvania’s Sunshine Act, 65 Pa.C.S. §701 et seq., after October 31, 2017.

·         Then, an official copy of the Resolution should be delivered no later than December 29, 2017 to:

Pamela Lewis, Board Secretary

Pennsylvania Gaming Control Board

303 Walnut Street

Commonwealth Tower, 5th Floor

Harrisburg, PA 17101

pamelewis@pa.gov

  

The Board also recommends that each county governing body consult their solicitor in the development of the resolution which, at minimum, should include the following information:

·         Reference to the power granted under Section 4506 and the county’s decision to exercise the power to opt-out;

·         The date that the county governing body adopted the resolution; and

·         The inclusion of signatures or seal necessary to establish that the resolution was officially adopted.

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[1] The specific text of Section 4506 is as follows:

 

§ 4506. HOST COUNTY OPTION.

(A)  GENERAL RULE.--A COUNTY THAT HOSTS A CATEGORY 1, CATEGORY 2 OR CATEGORY 3 LICENSED FACILITY ON THE EFFECTIVE DATE OF THIS SECTION SHALL HAVE THE OPTION TO PROHIBIT THE PLACEMENT OF VIDEO GAMING TERMINALS WITHIN THE HOST COUNTY BY DELIVERING A RESOLUTION OF THE COUNTY GOVERNING BODY TO THE BOARD WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS SECTION. NO VIDEO GAMING TERMINALS MAY BE OPERATED IN A HOST COUNTY THAT HAS EXERCISED THE OPTION TO PROHIBIT VIDEO GAMING TERMINALS UNDER THIS SECTION.

 

(B)  RESCISSION OF PROHIBITION.—

(1) SUBJECT TO PARAGRAPH (2), A HOST COUNTY THAT PROHIBITS VIDEO GAMING TERMINALS WITHIN THE HOST COUNTY UNDER SUBSECTION (A) MAY RESCIND THAT PROHIBITION AT ANY TIME BY DELIVERING A NEW RESOLUTION OF THE COUNTY GOVERNING BODY TO THE BOARD.

(2) A HOST COUNTY THAT RESCINDS ITS PRIOR PROHIBITION ACCORDING    TO PARAGRAPH (1) MAY NOT SUBSEQUENTLY PROHIBIT VIDEO GAMING TERMINALS IN THE HOST COUNTY UNDER THIS SECTION.