License or permit issuance - 4 Pa. Cons. Stat. § 1325

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     § 1325.  License or permit issuance.
        (a)  Issuance.--In addition to any other criteria provided
     under this part, any licensed gaming entity, supplier,
     manufacturer, gaming employee or other person that the board
     approves as qualified to receive a license or a permit under
     this part shall be issued a license or permit upon the payment
     of any fee required and upon the fulfillment of any conditions
     required by the board or provided for in this part. Nothing
     contained in this part is intended or shall be construed to
     create an entitlement to a license or permit by any person. The
     board shall in its sole discretion issue, renew, condition or
     deny a slot machine license based upon the requirements of this
     part and whether the issuance of a license will enhance tourism,
     economic development or job creation is in the best interests of
     the Commonwealth and advances the purposes of this part.
        (b)  Eligibility.--A license or permit shall not be granted
     or renewed unless the board finds that the applicant satisfies
     all of the following criteria:
            (1)  The applicant has developed and implemented or
        agreed to develop and implement a diversity plan to assure
        that all persons are accorded equality of opportunity in
        employment and contracting by the applicant, its contractors,
        subcontractors, assignees, lessees, agents, vendors and
        suppliers.
            (2)  The applicant in all other respects is found
        suitable consistent with the laws of this Commonwealth and is
        otherwise qualified to be issued a license or permit.
        (c)  Additional requirements.--In addition to the eligibility
     requirements otherwise provided in this part, the board may also
     take into account the following factors when considering an
     application for a slot machine license:
            (1)  The location and quality of the proposed facility,
        including, but not limited to, road and transit access,
        parking and centrality to market service area.
            (2)  The potential for new job creation and economic
        development which will result from granting a license to an
        applicant.
            (3)  The applicant's good faith plan to recruit, train
        and upgrade diversity in all employment classifications in
        the facility.
            (4)  The applicant's good faith plan for enhancing the
        representation of diverse groups in the operation of its
        facility through the ownership and operation of business
        enterprises associated with or utilized by its facility or
        through the provision of goods or services utilized by its
        facility and through the participation in the ownership of
        the applicant.
            (5)  The applicant's good faith effort to assure that all
        persons are accorded equality of opportunity in employment
        and contracting by it and any contractors, subcontractors,
        assignees, lessees, agents, vendors and suppliers it may
        employ directly or indirectly.
            (6)  The history and success of the applicant in
        developing tourism facilities ancillary to gaming development
        if applicable to the applicant.
            (7)  The degree to which the applicant presents a plan
        for the project which will likely lead to the creation of
        quality, living-wage jobs and full-time permanent jobs for
        residents of this Commonwealth generally and for residents of
        the host political subdivision in particular.
            (8)  The record of the applicant and its developer in
        meeting commitments to local agencies, community-based
        organizations and employees in other locations.
            (9)  The degree to which potential adverse effects which
        might result from the project, including costs of meeting the
        increased demand for public health care, child care, public
        transportation, affordable housing and social services, will
        be mitigated.
            (10)  The record of the applicant and its developer
        regarding compliance with:
                (i)  Federal, State and local discrimination, wage
            and hour, disability and occupational and environmental
            health and safety laws; and
                (ii)  State and local labor relations and employment
            laws.
            (11)  The applicant's record in dealing with its
        employees and their representatives at other locations.
        (d)  Trusts and similar business entities.--The board shall
     determine the eligibility of a trust or similar business entity
     to be a licensed entity in accordance with the following:
            (1)  No trust or similar business entity shall be
        eligible to hold any beneficial interest in a licensed entity
        under this part unless each trustee, grantor and beneficiary
        of the trust, including a minor child beneficiary, qualifies
        for and is granted a license as a principal. The board may
        waive compliance with this paragraph if the trustee is a
        banking or lending institution and the board is satisfied
        that the trustee is not significantly involved in the
        activities of the licensed entity. In addition to other
        information required by the board, a banking or lending
        institution acting as a trustee shall produce at the request
        of the board any documentation or information relating to the
        trust.
            (2)  No beneficiary of a trust or similar business entity
        who is a minor child shall control or be significantly
        involved in the activities of a licensed entity or its
        holding company or intermediary. No beneficiary of a trust or
        similar business entity who is a minor child shall be
        permitted to vote to elect directors of a licensed entity or
        its holding company or intermediary.
            (3)  No trust or similar business entity may hold any
        beneficial interest in a licensed entity unless the board
        determines that the trust or similar business entity is not
        engaged in any activity or otherwise being used to evade the
        public protections under this part, including sections 1512
        (relating to financial and employment interests) and 1513
        (relating to political influence).
     (Nov. 1, 2006, P.L.1243, No.135, eff. imd.)

        2006 Amendment.  Act 135 added subsec. (d).
        Cross References.  Section 1325 is referred to in section
     1315 of this title.

Last modified: November 27, 2007