HB2454 H GO AM 2-20
The Committee on Government Organization moves to amend the bill on page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
"CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Authority to enact ordinance regulating limited video lottery businesses; applicability to partial or total loss of existing business structure; exemptions; remedy.

(a) In the event a county has not created or designated a planning commission in accordance with the provisions of chapter eight-a of this code, a county commission may, subject to the authority of the Commissioner of the Alcohol Beverage Control Commission to regulate the location of licensees under the provisions of chapter sixty of this code, and in addition to all other powers of counties, adopt an ordinance that regulates the areas of the county in which a business may install video lottery terminals as defined in article twenty-two-b, chapter twenty nine of this code, including, but not limited to, regulating the location of and size of the area where video lottery terminals may be located in a building or structure and providing minimum distances from other similar businesses, residential neighborhoods, churches, schools, day care centers, libraries, parks and any other social, cultural or historic building or facility.
(b) A county ordinance provided in this section is subject to the provisions of article seven, chapter eight-a of this code: Provided, That in the event of the partial or total loss of any existing business structure due to fire, flood, accident or any other unforeseen act, that business structure may be repaired or replaced and the business use of that structure may continue notwithstanding the existence of any ordinance authorized by this section. Any repair or replacement will be limited to restoring or replacing the damaged or lost structure with one reasonably similar, or smaller, in size as measured in square footage, and any enlargement of the business structure will subject the structure to any existing ordinance authorized by this section.
(c) The ordinance may not be applied to a business which holds an ABC private club license or a Class A nonintoxicating beer license at the time of the passage of the ordinance.
(d) Nothing in this section may be construed to interfere with the authority of the Commissioner of the Alcohol Beverage Control Commission to issue an ABC private club license or a Class A nonintoxicating beer license.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-5e. Authority to enact ordinance regulating limited video lottery businesses; applicability to partial or total loss of existing business structure; exemptions; remedy .

(a) In the event a municipality has not created or designated a planning commission in accordance with the provisions chapter eight-a of this code , the governing body of the municipality may, subject to the authority of the Commissioner of the Alcohol Beverage Control Commission to regulate the location of licensees under the provisions of chapter sixty of this code, and in addition to all other powers of municipalities, adopt an ordinance that regulates the areas of the municipality in which a business may install video lottery terminals as defined in article twenty-two-b , including, but not limited to, regulating the location of and size of the area where video lottery terminals may be located in a building or structure and providing minimum distances from other similar businesses, residential neighborhoods, churches, schools, day care centers, libraries, parks and any other social, cultural or historic building or facility.
(b) A municipal ordinance provided in this section is subject to the provisions of article seven, chapter eight-a of this code: Provided, That in the event of the partial or total loss of any existing business structure due to fire, flood, accident or any other unforeseen act, that business structure may be repaired or replaced and the business use of that structure may continue notwithstanding the existence of any ordinance authorized by this section. Any repair or replacement will be limited to restoring or replacing the damaged or lost structure with one reasonably similar, or smaller, in size as measured in square footage, and any enlargement of the business structure will subject the structure to any existing ordinance authorized by this section.
(c) The ordinance may not be applied to a business which holds an ABC private club license or a Class A nonintoxicating beer license at the time of the passage of the ordinance.
(d) Nothing in this section may be construed to interfere with the authority of the Commissioner of the Alcohol Beverage Control Commission to issue an ABC private club license or a Class A nonintoxicating beer license.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 22B. LIMITED VIDEO LOTTERY.

PART 12. PLACEMENT AND TRANSPORTATION OF

VIDEO LOTTERY TERMINALS.

§29-22B-1201. Placement of video lottery terminals.
(a) Video lottery terminals allowed by this article may be placed only in licensed limited video lottery locations approved by the commission.
(b) All video lottery terminals in approved locations shall be physically located as follows:
(1) The video lottery terminals shall be continuously monitored through the use of a closed circuit television system capable of identifying players and terminal faces and of recording activity for a continuous twenty-four hour period. All video tapes or other recording medium approved in writing by the commission shall be retained for a period of at least sixty days and be available for viewing by an authorized representative of the commission or the Commissioner of Alcohol Beverage Control. The cost of monitoring shall be paid by the limited video lottery retailer;
(2) Access to video lottery terminal locations shall be restricted to persons legally entitled by age to play video lottery games;
(3) The permittee shall submit for commission approval a floor plan of the area or areas where video lottery terminals are to be operated showing terminal locations and security camera mount location; and
(4) No video lottery terminal or video lottery camera may be relocated without prior written approval from the commission.
(c) Personnel of the limited video lottery retailer shall be present during all hours of operation at each video lottery terminal location. These personnel shall make periodic inspections of the restricted access adult-only facility in order to provide for the safe and approved operation of the video lottery terminals and the safety and well-being of the players.
(d) Security personnel of the commission and investigators of the Alcohol Beverage Control Commissioner shall have unrestricted access to video lottery terminal locations.
(e) Notwithstanding any other provision of this article to the contrary, the commission may not approve the placement of a video lottery terminal in a state park or in any area of a municipality or county which would violate a municipal or county ordinance restricting the location of video lottery machines or other gambling games or devices.
§29-22B-1202. No limited video lottery retailer license for premises within 150 feet of another licensed premises; no two license retailer locations within a common structure.

(a) A limited video lottery retailer license may not be granted for operation of video lottery terminals on a premises if, at the time of application for the license, the applicant's premises are within one hundred fifty feet of, or has an external structural connection not amounting to a common internal wall to, a premises that already has a license for video lottery terminals.
(1) A measurement of the distance between two premises must be taken between the nearest exterior wall of each premises.
(2) When determining common ownership, the commission shall consider direct as well as indirect ownership.
(b) A premises for which a private club license to dispense alcoholic liquors, under provisions of article seven, chapter sixty of this code, or a Class A nonintoxicating beer license, under the provisions of article sixteen, chapter eleven of this code, was granted, was applied for, or the transfer of which was validly contracted for prior to the first day of January, two thousand one, is not subject to subsection subsections (a) and (c) of this section.
(c) No more than one restricted access adult-only facility shall hold a limited video lottery retailer license to offer video lottery terminals in any single structure under one roof.
(d) Notwithstanding the provisions of this section, if a different or more strict municipal or county ordinance is adopted which restricts the location of video lottery machines, the municipal or county ordinance applies."