Category 3 slot machine license - 4 Pa. Cons. Stat. § 1305

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     § 1305.  Category 3 slot machine license.
        (a)  Eligibility.--
            (1)  A person may be eligible to apply for a Category 3
        license if the applicant, its affiliate, intermediary,
        subsidiary or holding company has not applied for or been
        approved or issued a Category 1 or 2 license and the person
        is seeking to locate a Category 3 licensed facility in a
        well-established resort hotel having no fewer than 275 guest
        rooms under common ownership and having substantial year-
        round recreational guest amenities. The applicant for a
        Category 3 license shall be the owner or be a wholly owned
        subsidiary of the owner of the established resort hotel. A
        Category 3 license may only be granted upon the express
        condition that an individual may not enter a gaming area of
        the licensee if the individual is not a registered overnight
        guest of the established resort hotel or if the individual is
        not a patron of one or more of the amenities provided by the
        established resort hotel.
            (2)  Notwithstanding section 1512(a) and (a.1) (relating
        to public official financial interest), if at the time of
        application an applicant has terminated public office or
        employment as an executive-level public employee within the
        last calendar year, the applicant shall be eligible to apply
        for a slot machine license under this section but may not be
        issued a license until one year following the date of
        termination as a public official or executive-level public
        employee. An application submitted in accordance with this
        paragraph shall not constitute a violation of section 1512(a)
        or (a.1).
            (3)  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)  No Category 3 license shall be located by the board
        within 15 linear miles of another 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
        license 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.
        (c)  Number of slot machines.--Notwithstanding the number of
     permissible slot machines as set forth in section 1210 (relating
     to number of slot machines), a Category 3 license granted under
     the provisions of this section shall entitle the licensed entity
     to operate no more than 500 slot machines at the licensed
     facility.
        (d)  Category 3 license fee.--Notwithstanding the one-time
     slot machine license fee as set forth in section 1209 (relating
     to slot machine license fee), the board shall impose a one-time
     Category 3 license fee to be paid by each successful applicant
     in the amount of $5,000,000 to be deposited in the State Gaming
     Fund. The provisions of section 1209 relating to term, credit
     against tax for slot machine licensees, deposit of license fee
     and change of ownership or control of a license shall be
     applicable to a Category 3 license fee.
        (e)  Definitions.--For the purpose of subsection (a), the
     following words and phrases shall have the meaning given to them
     in this subsection:
        "Amenities."  Any ancillary activities, services or
     facilities in which a registered guest or the transient public,
     in return for non-de minimis consideration as defined by board
     regulation, may participate at a resort hotel, including, but
     not limited to, sports and recreational activities and
     facilities such as a golf course or golf driving range, tennis
     courts or swimming pool; health spa; convention, meeting and
     banquet facilities; entertainment facilities; and restaurant
     facilities.
        "Patron of the amenities."  Any individual who is a
     registered attendee of a convention, meeting or banquet event or
     a participant in a sport or recreational event or any other
     social, cultural or business event held at a resort hotel or who
     participates in one or more of the amenities provided to
     registered guests of the resort hotel.
     (Nov. 1, 2006, P.L.1243, No.135, eff. imd.)

        Cross References.  Section 1305 is referred to in sections
     1208, 1209, 1210, 1313 of this title.

Last modified: November 27, 2007