§ 9-1A-36. Video Lottery Facility Location Commission; licenses
West's Annotated Code of MarylandState GovernmentEffective: April 12, 2022
Effective: April 12, 2022
MD Code, State Government, § 9-1A-36
§ 9-1A-36. Video Lottery Facility Location Commission; licenses
(c) A member of the Video Lottery Facility Location Commission:
(d) A member of the Video Lottery Facility Location Commission:
(e) The State Lottery and Gaming Control Commission shall provide staff to the Video Lottery Facility Location Commission.
(f) The Video Lottery Facility Location Commission may award not more than six video lottery operation licenses to qualified applicants, through a competitive process consistent with the process for competitive sealed proposals under Title 13 of the State Finance and Procurement Article.
(g) The Video Lottery Facility Location Commission may not award more than one video lottery operation license in a single county or Baltimore City.
(h)(1) In order to qualify for a video lottery operation license under this section, a proposed video lottery facility shall be located in one of the following counties:
(3)(i) With respect to a video lottery operation license awarded to a location under paragraph (1)(iv) of this subsection, the holder of the video lottery operation license or any other person with a direct or indirect legal or financial interest in the Ocean Downs racetrack or video lottery facility may not build or operate a conference center or convention center, amusement park, amusement rides, arcade, or miniature golf course on or within 10 miles of the property owned by the holder of the license on which a video lottery facility is operated.
(i)(1) Except as provided in paragraphs (2) and (3) of this subsection, the Video Lottery Facility Location Commission may not allocate more than the following number of video lottery terminals for:
(2) The Video Lottery Facility Location Commission may allocate video lottery terminals in a manner that is different from the allocation provided in paragraph (1) of this subsection on a determination that the market factors and other factors evaluated under subsection (k) of this section warrant the different allocation, provided that no one location may be allocated more than 4,750 video lottery terminals.
(3)(i) Beginning with the termination date for the Video Lottery Facility Location Commission and every 3 years thereafter, if all of the video lottery terminals authorized under this subtitle are not allocated or have been allocated but are not in regular operation, the State Lottery and Gaming Control Commission may allocate or reallocate video lottery terminals to video lottery operation licensees in a manner that ensures that the highest potential revenues are achieved.
(j)(1)(i) Except as provided in subparagraph (ii) of this paragraph, an application submitted for a video lottery operation license under this section shall include an initial license fee in the application of at least $3,000,000 for each 500 video lottery terminals included in the application.
(3)(i) An application submitted for a video lottery operation license under this section shall provide for at least $25,000,000 in direct investment by the applicant in construction and related costs for each 500 video lottery terminals contained in the proposed application that shall be prorated based on the exact number of video lottery terminals contained in the application.
(ii) For an application submitted for a video lottery operation license in Allegany County, the purchase price for the Rocky Gap Lodge and Resort shall be counted in the calculation of the applicant's direct investment under this paragraph, as determined by the Video Lottery Facility Location Commission.
(k)(1) In awarding a video lottery operation license, the Video Lottery Facility Location Commission shall evaluate the factors under this subsection in the manner specified.
(l)(1) If an applicant is seeking investors in the entity applying for a video lottery operation license, it shall take the following steps before being awarded a license by the Video Lottery Facility Location Commission:
(2) If an applicant is awarded a license by the Video Lottery Facility Location Commission, the applicant shall sign a memorandum of understanding with the Video Lottery Facility Location Commission that requires the awardee to again make serious, good-faith efforts to interview minority investors in any future attempts to raise venture capital or attract new investors to the entity awarded the license.
(m) The Video Lottery Facility Location Commission may not award a video lottery operation license to a person that is not qualified under this section or this subtitle.
(n)(1) The Video Lottery Facility Location Commission shall refer to the State Lottery and Gaming Control Commission the name and all relevant information concerning a person that makes an application under this section.
(o) After an award of a video lottery operation license under this section, the Video Lottery Facility Location Commission shall notify the State Lottery and Gaming Control Commission of the successful applicants.
(p) After an award of a video lottery operation license under this section, the State Lottery and Gaming Control Commission shall:
(q)(1) An unsuccessful applicant for a video lottery operation license under this section may seek, under Title 15 of the State Finance and Procurement Article, review by the State Board of Contract Appeals of the awarding of the video lottery operation license by the Video Lottery Facility Location Commission.
(r)(1) Nothing in this subtitle may be construed to require the Video Lottery Facility Location Commission to award all six video lottery operation licenses authorized under this subtitle.
(2) Notwithstanding any of the provisions of this subtitle, the Video Lottery Facility Location Commission may not award a video lottery operation license under this subtitle unless the Video Lottery Facility Location Commission determines and declares that an applicant selected for award of the license is in the public interest and is consistent with the purposes of this subtitle.
(s) The Video Lottery Facility Location Commission may award a video lottery operation license that is revoked or surrendered utilizing the criteria established in this subtitle.
(t)(1) Except as provided in paragraph (2) of this subsection, the Video Lottery Facility Location Commission shall terminate on January 1, 2015.
Credits
Added by Acts 2007, 1st Sp. Sess., c. 4, § 1, eff. Nov. 25, 2008. Amended by Acts 2007, c. 5, § 7, eff. March 22, 2007; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2010, c. 624, § 1, eff. June 1, 2010; Acts 2011, c. 240, § 1, eff. May 10, 2011; Acts 2012, 2nd Sp. Sess., c. 1, § 1, eff. Oct. 1, 2012; Acts 2012, 2nd Sp. Sess., c. 1, § 2, ratified Nov. 6, 2012; Acts 2017, c. 633, § 1, eff. June 1, 2017; Acts 2017, c. 634, § 1, eff. June 1, 2017; Acts 2018, c. 12, § 1, eff. April 5, 2018; Acts 2021, c. 356, § 2, eff. May 18, 2021; Acts 2021, c. 692, § 1, eff. July 1, 2021; Acts 2022, c. 135, § 1, eff. April 12, 2022.
MD Code, State Government, § 9-1A-36, MD STATE GOVT § 9-1A-36
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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