City of Philadelphia - File #: 060639

• File #: 060639
• Version: 0
• Type: Resolution
• Status: ADOPTED
• File created: 9/14/2006
• In control: CITY COUNCIL
• Final action: 9/14/2006
• Title: Authorizing City Council to retain outside counsel to commence legal proceedings on behalf of the City of Philadelphia if the Commonwealth of Pennsylvania enacts legislation that would pre-empt any and all of the City's zoning control as it relates to gaming facilities.
• Sponsors: Councilmember Kenney, Councilmember DiCicco, Councilmember Goode, Councilmember Krajewski, Councilmember O'Neill, Councilmember Blackwell, Councilmember Ramos, Councilmember Reynolds Brown
• Indexes: ZONING

Date	Ver.	Action By	Action	Result	Tally
9/14/2006	0	CITY COUNCIL	ADOPTED
9/14/2006	0	CITY COUNCIL	READ
9/14/2006	0	CITY COUNCIL	Introduced	Pass

Title
Authorizing City Council to retain outside counsel to commence legal proceedings on behalf of the City of Philadelphia if the Commonwealth of Pennsylvania enacts legislation that would pre-empt any and all of the City's zoning control as it relates to gaming facilities.
Body
WHEREAS, The Commonwealth of Pennsylvania enacted Act 71 of 2004, which provided that two gaming licenses will be awarded in the City of Philadelphia. When the General Assembly first passed this legislation, it included provisions that would preempt all local zoning controls with respect to gaming facilities. The Pennsylvania Supreme Court struck down these provisions because they failed to provide adequate standards and guidelines for the Gaming Control Board's decisions with respect to the location of gaming facilities; and

WHEREAS, Philadelphia City Council enacted Bill Number 051028 that creates a new chapter in The Philadelphia Code entitled "Commercial Entertainment District." This new zoning classification places responsible and appropriate guidelines on casino developers that should protect the neighborhoods most impacted by gaming yet still allow the licensees to develop their product for a high profit; and,

WHEREAS, City Council members, the Administration and neighborhood organizations have begun to discuss the proposed gaming developments and their potential impact on their communities. While everyone involved is concerned about the advent of gaming, most recognize that gaming is coming. Elected officials and communities merely want to insure that residents and businesses are protected to the best of their ability; and

WHEREAS, House Speaker John Perzel commented in local papers that he would be concerned if Philadelphia should retain local zoning control and stated that Philadelphia's "culture of corruption" prevented the City from acting responsibly; and

WHEREAS, Representative Gannon, with the support of Speaker Perzel, Representative Keller, Repre...