Section 4:214 - Offtrack wagering facilities; licensing; criteria; management; appeal of license suspension or revocation; limitation on facilities with historical horse racingA. Except for offtrack wagering conducted in a sports book lounge, license approval shall be subject to the criteria established by R.S. 4:159.B. Licensure for all offtrack wagering facilities shall be subject to the following conditions: (1)(a) Only the primary licensee operating at a pari-mutuel facility may apply for a license to operate offtrack wagering facilities in this state and only such primary licensees shall be licensed to operate offtrack wagering facilities under this Part.(b) An association applying for a license to operate an offtrack wagering facility to be located in a sports book lounge shall provide its agreement with the host entity or plan of operation as part of its application.(2)(a)(i) Before a license is granted for an offtrack wagering facility in any parish, the voters of that parish shall have approved the establishment of such a facility within the parish in a referendum election held for that purpose. The commission shall request a referendum by the governing body of a parish only after receipt of an application for licensure of an offtrack wagering facility in that parish by the eligible applicant as provided in R.S. 4:215.(ii) If the referendum fails to gain voter approval, or if the commission's request to the parish governing authority for a referendum is not granted within six months of such request, then the request therefor is rendered void.(iii) Any request for an offtrack referendum that is pending on the effective date of this Subparagraph before the governing authority of a parish wherein such a referendum has failed to gain voter approval in a prior election shall be rendered void upon that date.(iv) Any request for an offtrack referendum that has been pending before a parish governing authority for six months or more upon the effective date of this Subparagraph shall be rendered void upon that date.(b)(i) After a request by the commission to a parish governing authority for an offtrack referendum is voided for any reason, the original applicant may do either of the following:(aa) Resubmit the application for licensure, and the commission shall submit a new request for an offtrack referendum election to the parish governing authority.(bb) Submit a new application to the commission for licensure of an offtrack wagering facility in any city, town, or municipality within the parish, and the commission shall request the governing authority of such city, town, or municipality to hold an offtrack referendum election.(ii) If the referendum fails to gain voter approval or if the commission's request for a referendum is not granted within six months of such request, the request therefor is rendered void.(iii) If the offtrack referendum gains voter approval, the commission may license one offtrack wagering facility within the corporation limits of the city, town, or municipality in which the referendum was held. Such license shall conform to all applicable licensing criteria as provided in this Part.(c)(i) Except as provided in Item (ii) of this Subparagraph, the collection and distribution of license fees as provided in R.S. 4:218 shall not be affected by this Paragraph.(ii) Notwithstanding any provision of R.S. 4:218 to the contrary and except for offtrack wagering conducted in a sports book lounge of a host entity, if an offtrack wagering facility is located within the corporate limits of a municipality as a result of a municipal offtrack wagering referendum as provided in this Paragraph, called by the municipal governing authority without the assistance of the parish governing authority, the municipal governing authority may impose a license fee not to exceed two percent of the total amount wagered at that facility, and no license fee shall be imposed by the parish, and the municipality shall retain the total license fees collected; otherwise, distribution of the fees shall be in accordance with R.S. 4:218(B).(3)(a) A license shall not be granted to an offtrack wagering facility to be located within a fifty-five mile radius of a pari-mutuel facility without the prior written permission of the primary licensee of that facility.(b) Subparagraph (a) of this Paragraph shall not apply to an offtrack wagering facility located in a sports book lounge of a host entity.(4)(a) Not more than two offtrack wagering facilities may be licensed in any parish, except for Orleans and Jefferson.(b) For the purposes of this Paragraph, a pari-mutuel facility as that term is defined in R.S. 4:211 shall not be included in the count of licensed offtrack wagering facilities for the parish in which it is located.(c) For the purposes of this Paragraph, an offtrack wagering facility located in a sports book lounge of an entity licensed pursuant to Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950 shall not be included in the count of licensed offtrack wagering facilities for the parish in which it is located.(5) Except for an offtrack wagering facility located in the sports book lounge, final license approval is subject to local governing authority facility citing requirements.(6) Except for an offtrack wagering facility located in the sports book lounge, each offtrack wagering facility shall be specifically designed as an entertainment complex. Maximum allowable attendance at each facility shall be one hundred twenty-five percent of the seating capacity at that facility. At least one area for patrons at each offtrack wagering facility shall be designated as a nonsmoking area.(7) Except for an offtrack wagering facility located in the sports book lounge of a host entity, no person licensed by the commission pursuant to the provisions of this Chapter who shows proof of licensure upon entering an offtrack wagering facility shall be assessed any fees for admission into the facility.C.(1) Licenses granted by the commission shall be valid for a ten-year period. In the event of the sale of the pari-mutuel facility, such license may be transferred and remain valid for the balance of the term of the license. If the conditions of the sale do not include the transfer of the offtrack wagering facility license, such license shall be automatically voided upon the completion of the sale.(2) In the event a primary licensee is granted approval by the Louisiana State Racing Commission to transfer its live racing dates to another pari-mutuel facility, such primary licensee shall retain all the rights, privileges, and obligations relative to offtrack wagering facilities as provided in this Part as though it remained a primary licensee, as defined in R.S. 4:211, in its original location.D. License applications shall be accompanied by a good faith deposit of one thousand dollars.E. All primary licensees are eligible for licensure at their existing horse racing facilities as offtrack wagering facilities. Such primary licensees shall not be subject to the licensing requirements in Paragraph (B)(2) of this Section.F. There shall be no penalty for closing a licensed offtrack wagering facility provided the licensee submits written notice to the commission at least thirty days prior to closure. The commission shall notify all eligible applicants of the notice of closure. Ownership of an offtrack wagering facility may be transferred to other eligible applicants subject to all licensing requirements except as provided in Paragraph (B)(2) of this Section.G. Nothing in this Part shall be construed as preventing licensees from jointly owning or contracting for the management of any or all licensed offtrack wagering facilities.H. An offtrack wagering facility shall not accept wagers on races run at any track without a contract with the licensee operating the host track. This contract shall include all terms and conditions for use of races run at the host track by the offtrack wagering facility, including compensation of the host track for such use. This contract shall be filed with the commission. No host track may deny the use of its races by any other offtrack wagering facility in Louisiana under the same terms and conditions.I.(1) An offtrack wagering facility shall not allow the admission of any person less than eighteen years old. However, the provisions of this Paragraph shall not apply to any offtrack wagering facility located on the premises of a pari-mutuel facility as defined in R.S. 4:211.(2) An offtrack wagering facility located in a sports book lounge shall not allow the admission of any person less than twenty-one years old.J. Except for an offtrack wagering facility located in the sports book lounge of a host entity, in addition to license fees, each licensee shall pay the fees provided for in this Subsection. Each licensee shall begin paying the fees on the first day of the second year in which the licensee operates the facility. The licensee shall pay to the collector twenty-five cents for each person attending the offtrack wagering facility other than licensed personnel, employees, officials, and working press. These payments shall be made at the conclusion of each calendar week and shall be accompanied by a report under oath showing the total contributions and admissions, and any other information which the commission may require.K.(1) Should the commission suspend or revoke the license of a primary licensee, the licensee may, within ten days of the notification of the commission's decision, take a suspensive appeal to the district court having jurisdiction over the licensee's offtrack wagering facility. The appeal shall be filed in the district court in the same manner as an original suit is instituted thereon. Each appeal shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard.(2) Within ten calendar days of the signing of the judgment by the district court in any such appeal case, the commission or the applicant for a license or licensee, as the case may be, may suspensively appeal the judgment to the appellate court of proper jurisdiction. The appeal shall be perfected in the manner provided for in civil cases and shall be suspensive or devolutive in the discretion of the court.(3) All proceedings in the district and appellate courts arising under this Part are civil in nature and shall be heard summarily by the court, without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open court, and in or out of term.L.(1) No primary licensee may operate more than five offtrack wagering facilities in which historical horse racing is permitted.(2) Notwithstanding Paragraph (1) of this Subsection, any primary licensee that operates more than five offtrack wagering facilities as of July 1, 2021, may conduct historical horse racing at all of its licensed facilities. However, historical horse racing shall not be authorized at any future offtrack wagering facility for that primary licensee if the primary licensee is operating more than five offtrack wagering facilities. If any of the primary licensee's existing licensed offtrack wagering facilities on July 1, 2021, cease to be a licensed offtrack wagering facility for reasons other than force majeure, the number of offtrack wagering facilities allowed to conduct historical horse racing for that primary licensee shall be reduced by the number of its offtrack wagering facilities that cease to be licensed until such time as the primary licensee is reduced to no more than five licensed offtrack wagering facilities allowed to conduct historical horse racing.(3) Each primary licensee or licensed offtrack wagering facility shall not place more than fifty historical horse racing machines into service at any given time.(4) In addition to the requirements of Paragraph (3) of this Subsection, an application from an eligible facility to conduct historical horse racing in Orleans Parish may be approved by the commission only after the Amended and Renegotiated Casino Operating Contract entered into pursuant to R.S. 27:201 et seq. on October 30, 1998, as amended, is amended to provide that the conducting of historical horse racing at the eligible facility in Orleans Parish shall not constitute an exclusivity violation or prohibited land-based gaming as defined in such contract and such amendment to the contract is approved by the Joint Legislative Committee on the Budget as required by the provisions of Section 3.B of Act No. 1 of the 2001 First Extraordinary Session of the Legislature.M.(1) Historical horse racing shall not be conducted via a machine or website or mobile application beyond the property of the pari-mutuel facility or offtrack wagering facility.(2) Historical horse racing shall not be conducted at an offtrack wagering facility located in a sports book lounge.(3) The commission shall promulgate rules relative to the enforcement of the restrictions provided for in this Subsection.Acts 1987, No. 203, §1, eff. June 30, 1987; Acts 1988, No. 188, §1, eff. July 1, 1988; Acts 1988, No. 700, §1; Acts 1989, No. 628, §2; Acts 1990, No. 559, §1, eff. July 19, 1990; Acts 1990, No. 561, §1, eff. June 30, 1990; Acts 1990, No. 1013, §1, eff. July 26, 1990; Acts 1991, No. 963, §1; Acts 1992, No. 777, §1; Acts 2000, 1st Ex. Sess., No. 32, §1; Acts 2011, 1st Ex. Sess., No. 27, §1; Acts 2021, No. 437, §1, eff. June 21, 2021; Acts 2022, No. 530, §1, eff. June 16, 2022.Amended by Acts 2022, No. 530,s. 1, eff. 6/16/2022.Amended by Acts 2021, No. 437,s. 1, eff. 6/21/2021.Acts 1987, No. 203, §1, eff. 6/30/1987; Acts 1988, No. 188, §1, eff. 7/1/1988; Acts 1988, No. 700, §1; Acts 1989, No. 628, §2; Acts 1990, No. 559, §1, eff. 7/19/1990; Acts 1990, No. 561, §1, eff. 6/30/1990; Acts 1990, No. 1013, §1, eff. 7/26/1990; Acts 1991, No. 963, §1; Acts 1992, No. 777, §1; Acts 2000, 1st Ex. Sess., No. 32, §1; Acts 2011, 1st Ex. Sess., No. 27, §1.THE PROVISIONS OF R.S. 4:214(A)(2)(c)(ii) SHALL NOT APPLY TO ANY OFFTRACK WAGERING FACILITY IN OPERATION ON THE EFFECTIVE DATE OF THE ACT WHICH ORIGINATED AS HOUSE BILL NO. 1167 OF THIS 1992 REGULAR SESSION. (ACTS 1992, No. 777, EFF. AUGUST 21, 1992.)