City of Philadelphia - File #: 040913

• File #: 040913
• Version: 0
• Type: Resolution
• Status: ADOPTED
• File created: 10/14/2004
• In control: CITY COUNCIL
• Final action: 10/14/2004
• Title: Authorizing City Council to retain counsel to challenge the validity of the provision of the Pennsylvania Race Horse Development and Gaming Act (4 Pa.C.S. §1506) that would exempt state licensed gaming facilities from the City's zoning laws.
• Sponsors: Councilmember Clarke, Councilmember Cohen, Councilmember Kenney, Councilmember Reynolds Brown, Councilmember Goode, Councilmember Ramos, Councilmember Blackwell, Councilmember Miller, Councilmember DiCicco, Councilmember Krajewski, Councilmember Kelly, Councilmember Nutter, Councilmember Tasco, Councilmember Mariano, Councilmember O'Neill

Date	Ver.	Action By	Action	Result	Tally
10/14/2004	0	CITY COUNCIL	ADOPTED
10/14/2004	0	CITY COUNCIL	READ
10/14/2004	0	CITY COUNCIL	Introduced	Pass

Title
Authorizing City Council to retain counsel to challenge the validity of the provision of the Pennsylvania Race Horse Development and Gaming Act (4 Pa.C.S. §1506) that would exempt state licensed gaming facilities from the City's zoning laws.
Body
WHEREAS, The Pennsylvania Race Horse Development and Gaming Act includes a provision (4 Pa.C.S. §1506) that purports to nullify the City's zoning laws with respect to state licensed gaming facilities. In particular, that provision states as follows:

Local Land Use Preemption. The conduct of gaming as permitted under this part, including the physical location of any licensed facility, shall not be prohibited or otherwise regulated by any ordinance, home rule charter provision, resolution, rule or regulation of any political subdivision or any local or state instrumentality or authority that relates to zoning or land use to the extent that the licensed facility has been approved by the [Pennsylvania Gaming Control Board]. The [Pennsylvania Gaming Control Board] may, in its discretion, consider such local zoning ordinances when considering an application for a slot machine license. The [Pennsylvania Gaming Control Board] shall provide the political subdivision, within which an applicant for a slot machine license has proposed to locate a licensed gaming facility, a 60-day comment period prior to the [Pennsylvania Gaming Control Board's] final approval, condition or denial of approval of its application for a slot machine license. The political subdivision may make recommendations to the [Pennsylvania Gaming Control Board] for improvements to the applicant's proposed site plans that take into account the impact on the local community, including, but not limited to, land use and transportation impact. This section shall also apply to any proposed racetrack or licensed racetrack.

WHEREAS, As a home rule municipality, Philadelphia has complete powers of local self-government, including the power to legislate w...