Category 2 slot machine license - 4 Pa. Cons. Stat. § 1304

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     § 1304.  Category 2 slot machine license.
        (a)  Eligibility.--
            (1)  A person may be eligible to apply for a Category 2
        license if the applicant, its affiliate, intermediary,
        subsidiary or holding company is not otherwise eligible to
        apply for a Category 1 license and the person is seeking to
        locate a licensed facility in a city of the first class, a
        city of the second class or a revenue- or tourism-enhanced
        location. It shall not be a condition of eligibility to apply
        for a Category 2 license to obtain a license from either the
        State Horse Racing Commission or the State Harness Racing
        Commission to conduct thoroughbred or harness race meetings
        respectively with pari-mutuel wagering.
            (2)  If the person seeking a slot machine license
        proposes to place the licensed facility upon land designated
        a subzone, an expansion subzone or an improvement subzone
        under the act of October 6, 1998 (P.L.705, No.92), known as
        the Keystone Opportunity Zone, Keystone Opportunity Expansion
        Zone and Keystone Opportunity Improvement Zone Act, the
        person shall, at any time prior to the application being
        approved, submit a statement waiving the exemptions,
        deductions, abatements or credits granted under the Keystone
        Opportunity Zone, Keystone Opportunity Expansion Zone and
        Keystone Opportunity Improvement Zone Act if the board
        approves the application.
        (b)  Location.--
            (1)  Two Category 2 licensed facilities and no more shall
        be located by the board within a city of the first class, and
        one Category 2 licensed facility and no more shall be located
        by the board within a city of the second class. No Category 2
        licensed facility located by the board within a city of the
        first class shall be within ten linear miles of a Category 1
        licensed facility regardless of the municipality where the
        Category 1 licensed facility is located. Except for any
        Category 2 licensed facility located by the board within a
        city of the first class or a city of the second class, no
        Category 2 licensed facility shall be located within 30
        linear miles of any Category 1 licensed facility that has
        conducted over 200 racing days per year for the two calendar
        years immediately preceding the effective date of this part
        and not within 20 linear miles of any other Category 1
        licensed facility. Except for any Category 2 licensed
        facility located by the board within a city of the first
        class, no Category 2 licensed facility shall be located
        within 20 linear miles of another Category 2 licensed
        facility.
            (2)  Within five days of approving a license for an
        applicant with a proposed licensed facility consisting of
        land designated a subzone, an expansion subzone or an
        improvement subzone under the Keystone Opportunity Zone,
        Keystone Opportunity Expansion Zone and Keystone Opportunity
        Improvement Zone Act for a slot machine license under this
        section, the board shall notify the Department of Community
        and Economic Development. The notice shall include a
        description of the land of the proposed licensed facility
        which is designated a subzone, an expansion subzone or an
        improvement subzone. Within five days of receiving the notice
        required by this paragraph, the Secretary of Community and
        Economic Development shall decertify the land of the proposed
        licensed facility as being a subzone, an expansion subzone or
        an improvement subzone. Upon decertification in accordance
        with this paragraph and notwithstanding Chapter 3 of the
        Keystone Opportunity Zone, Keystone Opportunity Expansion
        Zone and Keystone Opportunity Improvement Zone Act, a
        political subdivision may amend the ordinance, resolution or
        other required action which granted the exemptions,
        deductions, abatements or credits required by the Keystone
        Opportunity Zone, Keystone Opportunity Expansion Zone and
        Keystone Opportunity Improvement Zone Act to repeal the
        exemptions, deductions, abatements or credits for the land
        decertified.
     (Nov. 1, 2006, P.L.1243, No.135, eff. imd.)

Last modified: November 27, 2007