§ 20-174. Location.

(a)

In accordance and consistent with La.R.S. 27:416, no video draw poker device may be operated at a qualified truck stop facility unless that facility meets the requirements of La.R.S. 27:416(A) and is located in an area that is zoned locally for the operation of such businesses. The location of the facility shall include only that property which is adjoining to a major state or interstate highway as defined by the video gaming division of the gaming enforcement section of the Office of Louisiana State Police and has at least an 80,000 pound load limit. Within 60 calendar days of the adoption of the ordinance from which this chapter is derived, the parish president shall have a map prepared specifically identifying the areas in which truck stops may be licensed, which map shall be submitted to and approved by the St. Martin Parish Council. Upon adoption, the map shall be signed by the parish president and shall be known as the official video poker truck stop zoning map of the parish.

(b)

Any qualified establishment within St. Martin Parish, and within one mile of any prohibited property, shall have no more than three video draw poker devices in operation. The measurement of the distance shall be a straight line from the nearest point of qualified establishment location to the nearest point of the property.

(c)

Subsection (b) above shall not be applicable in the following instances:

(1)

Any qualified establishment situated within St. Martin Parish that was occupied by a qualified establishment with more than three video draw poker devices in operation at the said establishment on the date this section becomes effective shall be permitted to maintain greater than three video poker devices despite the establishment's proximity to any prohibited property.

(2)

Moreover, the prohibition set forth in subsection (b) shall not apply to a qualified establishment within St. Martin Parish if it is not situated within one mile of any prohibited property that has more than three video poker devices in operation when the subsequent construction, erection, development, or movement of any prohibited property causes the qualified establishment location to fall within one mile of any prohibited property.

(Code 1979, § 10-76; Ord. of 1-3-1995, § B; Ord. No. 15-08-1105-OR, 8-4-2015)