§415. Pari-mutuel wagering facility or offtrack wagering facility; no minimum wager; location

            A. A person owning a Louisiana State Racing Commission licensed pari-mutuel wagering facility or an offtrack wagering facility may be granted a license for the placement of video draw poker devices in his facility if all other requirements of this Chapter are met. There shall be no limit on the number of video draw poker devices which may be placed at the facility. Notwithstanding any provision of law to the contrary, video draw poker devices in these facilities may schedule games with no minimum wager.

            B. Notwithstanding the provisions of R.S. 4:214(A)(4), no more than five Louisiana State Racing Commission licensed pari-mutuel facilities or offtrack wagering facilities that operate video draw poker devices shall be located within Jefferson Parish.

            C. No license shall be granted to any offtrack wagering facility located, at the time application is made for a license to operate video draw poker devices, within one mile from any property on the National Register of Historic Places, any public playground, any residential property, or a building used primarily as a church, synagogue, public library, or school. The measurement of the distance shall be a straight line from the nearest point of the offtrack wagering facility to the nearest point of the property on the National Register of Historic Places, the public playground, residential property, or building used primarily as a church, synagogue, public library, or school.

            D. After an application is filed with the division, the subsequent construction, erection, development, or movement of a property identified in Subsection C of this Section which causes the location of an offtrack wagering facility to be within the prohibited distance shall not be cause for denial of an initial or renewal application or revocation of a license.

            E. If a parish or municipality does not have a zoning ordinance which designates certain property within their jurisdiction as residential property, the governing authority of the parish or municipality shall have the authority to designate certain areas of their jurisdiction as residential districts for the purposes of this Section.

            F. The prohibition provided for in Subsection C of this Section shall not apply to any offtrack wagering facility that is both licensed and operating on January 1, 2025. If application for licensing is made after January 1, 2025, the prohibition in Subsection C of this Section shall apply.

            G. For the purposes of this Section, "residential property" means any property which is wholly or partly used for or intended to be used for living or sleeping by human occupants and which includes one or more rooms, including a bathroom and complete kitchen facilities. Residential property shall include a mobile home or manufactured housing, provided that it shall have been in its present location for at least sixty days. Residential property shall not include any hotel or motel.

            Acts 2012, No. 161, §2; Acts 2013, No. 355, §1; Acts 2025, No. 378, §1, eff. June 20, 2025.