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Slot machine license fee - 4 Pa. Cons. Stat. § 1209Legal Research Home > Pennsylvania Statutes
§ 1209. Slot machine license fee.
(a) Imposition.--Except as provided for a Category 3
licensed gaming entity under section 1305 (relating to Category
3 slot machine license) and subject to the requirements of this
section, at the time of license issuance the board shall impose
a one-time slot machine license fee to be paid by each
successful applicant for a conditional Category 1, a Category 1
or a Category 2 license in the amount of $50,000,000 and
deposited in the State Gaming Fund. No fee shall be imposed by
the board for a Category 1 license if the applicant has paid a
$50,000,000 fee for a conditional Category 1 license.
(b) Term.--A slot machine license, after payment of the fee,
shall be in effect unless suspended, revoked or not renewed by
the board upon good cause consistent with the license
requirements as provided for in this part. Slot machine
licensees shall be required to update the information in their
initial applications annually, and the license of a licensee in
good standing shall be updated and renewed annually. As to the
renewal of a license, no additional license fee pursuant to
subsection (a) shall be required.
(c) Credit against tax for slot machine licensees.--If the
rate of the tax imposed by section 1403 (relating to
establishment of State Gaming Fund and net slot machine revenue
distribution) is increased at any time during the term of ten
years following the initial issuance of the slot machine
license, the slot machine licensee shall be entitled to a credit
against subsequent payment of the tax equal to the difference
between the tax calculated at the rate when the license was
issued and the tax calculated at the increased rate. This credit
shall be applied on a dollar-for-dollar basis as and when the
tax is payable as set forth in section 1403 but shall not extend
beyond the ten-year period following the initial issuance of the
license. The aggregate amount of all credits provided shall not
exceed the amount of the licensing fee paid by the licensee. The
department shall enter into a contract with each slot machine
licensee explicitly setting forth the terms and conditions of
this credit and which also specifically incorporates the
requirements of subsection (f).
(d) Deposit of license fee.--The total amount of all license
fees imposed and collected by the board under this section shall
be deposited in the State Gaming Fund.
(e) Change of ownership or control of a license.--In the
event that the ownership or control of a slot machine licensee
or its affiliate, intermediary, subsidiary or holding company is
changed as described in section 1328 (relating to change in
ownership or control of slot machine licensee), the new owner
shall be entitled to the full remaining amount of the credit set
forth in subsection (c) or the return of the license fee in
accordance with subsection (f) as if the new owner or
controlling interest was the original licensee.
(f) Return of slot machine license fee.--
(1) The entire one-time slot machine license fee of
$50,000,000 for each Category 1 and Category 2 slot machine
license shall be returned to each licensee in the event
section 1201 (relating to Pennsylvania Gaming Control Board
established), 1202 (relating to general and specific powers)
or 1307 (relating to number of slot machine licenses) is
amended or otherwise altered by an act of the General
Assembly within five years following the initial issuance of
any slot machine licenses pursuant to section 1301 (relating
to authorized slot machine licenses) to change:
(i) the composition of the board;
(ii) the number or voting powers of members of the
board;
(iii) the manner in which members are nominated or
appointed to the board;
(iv) the length of term for which each member
serves;
(v) the general jurisdiction of the board in a
manner that impairs or otherwise reduces the board's
licensing authority; or
(vi) section 1307 to increase the statutory maximum
number of permissible licensed facilities.
(2) In the event that this part is amended or otherwise
altered by an act of the General Assembly as described
pursuant to paragraph (1):
(i) In the sixth year following the initial issuance
of any slot machine licenses pursuant to section 1301, a
Category 1 and 2 slot machine licensee shall be entitled
to a partial return of the one-time slot machine license
fee in the amount of $41,666,667.
(ii) In the seventh year, the licensee shall be
entitled to a partial return of the one-time slot machine
license fee in the amount of $33,333,334.
(iii) In the eighth year, the licensee shall be
entitled to a partial return of the one-time slot machine
license fee in the amount of $25,000,000.
(iv) In the ninth year, the licensee shall be
entitled to a partial return of the one-time slot machine
license fee in the amount of $16,666,668.
(v) In the tenth year, the licensee shall be
entitled to a partial return of the one-time machine
license fee in the amount of $8,333,334.
In the event that the action described in paragraph (1) occurs
after the expiration of ten years, the licensee shall not be
entitled to a return of any portion of the one-time slot machine
license fee. Notwithstanding the foregoing, no slot machine
licensee shall be entitled to the return of any portion of the
fee as a result of any act of the General Assembly insofar as it
implements a recommendation made by the board pursuant to a
qualified majority vote. In the event a full or partial return
of the slot machine license fee imposed pursuant to subsection
(a) becomes due pursuant to this subsection, the amount to be
returned to any slot machine licensee shall be reduced on a
dollar-for-dollar basis by the total accumulated tax credits
granted to such licensee pursuant to subsection (c). In no event
shall the total amount of the slot machine license fee returned,
combined with the total tax credits granted, exceed the amounts
set forth in this subsection for any licensee. The total or
partial return of the slot machine license fee shall extinguish
a licensee's right to claim any further tax credits pursuant to
subsection (c).
(Nov. 1, 2006, P.L.1243, No.135, eff. imd.)
2006 Amendment. Act 135 amended subsec. (a).
Cross References. Section 1209 is referred to in sections
1208, 1305, 1313, 1315, 1328, 1902 of this title.
Section: Previous 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1301 1302 1303 Next
Last modified: November 27, 2007 |