§ 13-98. General provisions.

In accordance with R.S. 33:4862.21(A), as enacted by Act Number 13 of the 1994 Third Extraordinary Session of the Louisiana Legislature, the following shall govern the placement or use of video draw poker devices and the location, design, and construction of buildings, structures, and land for the operation of such devices at locations, including, without limitation to qualified truck stop facilities, within the incorporated area of the Town of St. Francisville:

(a)

General placement:

(1)

A video draw poker device may be placed or used only in a licensed establishment.

(2)

The term "licensed establishment" means the following:

a.

An establishment that is not located within a residential subdivision zoned R-1, R-2, R-3, and R-4, unless the establishment was licensed prior to the effective date of this section; and

b.

Meets the following requirements:

1.

Has a state and local Class "A" general retail or a state and local Class "A" restaurant permit, if applicable, for the sale of alcoholic beverages for on-premises consumption on the premises of a restaurant, bar, tavern, cocktail lounge, club only, or such an establishment located within a motel or hotel; or

2.

Is a Louisiana State Racing Commission licensed race track, pari-mutuel wagering facility, or offtrack wagering facility; or

3.

Is a qualified truck stop facility.

(3)

"Qualified truck stop" means a facility that meets the criteria contained in R.S. 33:4862.6(A)(4)(c) and which has underground storage facilities for fuel.

(4)

"Licensed establishment" does not include any premises leased to or utilized by a bona fide nonprofit organization for the conduction of charitable gaming nor any convenience store, quick-stop, food-mart, service station, grocery store, barber shop, laundromat/washateria, package, or discount liquor/cigarette establishment, movie theater, or beauty shop.

(b)

Truck stop facilities:

(1)

No video draw poker device may be operated in a truck stop facility if the facility is located less than five hundred (500) feet from any of the following protected properties:

a.

Any property that is on the National Historic Registry.

b.

Any commemorative area.

c.

A public park, playground, or ball park.

d.

A hospital.

e.

Any building used exclusively as a church, synagogue, public library, or school, except for a business college.

f.

Any residential subdivision zoned R-1, R-2, R-3, or R-4 located within the municipality.

(2)

The distance of five hundred (500) feet shall be measured as follows:

a.

As to any property that is on the National Historic Registry, any commemorative area, a public park, playground, or ball park, a hospital, any building used exclusively as a church, synagogue, public library, or school, except for a business college, as a person walks using the sidewalk or normal walkway from the nearest point of the property line of the protected property to the nearest point of the premises to be licensed.

b.

As to any residential subdivision zoned R-1, R-2, R-3, or R-4 located within the municipality, a straight line from the nearest point of the boundary line of the protected property to the nearest point of the premises sought to be licensed.

(c)

Other laws and ordinances. No approval shall be given to the operation of any licensed video draw poker device at a qualified truck stop facility unless the governing authority determines that the design and construction of each building and structure of the facility complies with or conforms to all applicable state laws and ordinances.

(Ord. No. 1994-5, § 1, 10-27-94)