CHAPTER 6-D. GAMING ELECTIONS
§1300.21. Discontinuance of certain gaming activities, except as continued by local election
A.(1) All forms of gaming activity as defined in Paragraph (3) of this Subsection
shall be discontinued unless a majority of electors voting in the election provided for in this
Section permit the continuance of such gaming activity.
(2) At the time of the 1996 congressional general election, a proposition shall appear
on the ballot in every parish to determine whether the conducting of gaming activity shall be
permitted in the parish.
(3) As used in this Section, "gaming activity" means with respect to what is
authorized by law prior to May 9, 1996, in each parish, the operation of video draw poker
devices, the conduct of gaming on a riverboat upon a designated river or waterway, or the
conducting of land-based casino gaming operations at the official gaming establishment.
B.(1) The ballot for the election shall provide as follows:
"LOCAL OPTION ELECTION
Within _____ (name of parish or other voting area authorized by law):
(a) Shall the operation of a land-based casino be permitted? YES ( ) NO ( )
(b) Shall riverboat gaming activities be permitted? YES ( ) NO ( )
(c) Shall the operation of video draw poker devices be permitted? YES ( ) NO ( )"
(2) The secretary of state shall prepare the ballot for the election by deleting from the
ballot for use in each parish the ballot question pertaining to riverboat gaming in each parish
not adjoining a river or waterway designated in R.S. 27:43 and by deleting from the ballot
the question pertaining to the land-based casino in each parish in which an official gaming
establishment is not located as provided in R.S. 27:203.
C. A majority of votes cast on each proposition shall separately determine that issue
for each parish.
D. If a majority of the electors voting in the election vote in favor of permitting the
continuation of any gaming activity, then such gaming activity may be conducted in such
parish as provided by law. If a majority of the electors voting in the election vote not to
continue any gaming activity in the parish, then no license or permit shall be issued to
conduct such gaming activity and no such gaming activity may be permitted in that parish.
If any such gaming activity was, prior to May 9, 1996, authorized, licensed, or permitted, and
conducted in any parish in which the voters vote against continuance of such gaming activity,
the licensees or permittees for such gaming activity shall discontinue gaming activity in that
parish upon expiration of their current gaming license or upon revocation, suspension, or
return thereof if such revocation, suspension, or return occurs prior to expiration of the
license. Video draw poker licenses may be renewed twice following the election provided
the licensee is in compliance with the law and the rules adopted thereunder. The regulatory
and licensing agency for the regulation of video draw poker operations, as authorized by R.S.
27:301 et seq., and for the regulation of riverboats upon which gaming may be conducted as
authorized by R.S. 27:41 et seq., shall obtain the results of the election and shall not issue
any licenses in parishes where a majority of the voters voting in the election have voted
against continuance of gaming activities.
E. In any parish where a land-based casino has been authorized by state law, the
election provided for in this Section shall also allow the voters of the parish to vote on the
conducting of land-based casino gaming operations in the parish. If the voters vote not to
allow the conducting of land-based casino gaming operations in the parish, then the licensing
and regulatory agency for the conducting of land-based casino gaming operations shall obtain
the results of the elections and no license shall be issued and no such gaming operations shall
be permitted in the parish. The operation of land-based casino gaming previously existing
in the parish shall be discontinued.
F. The provisions of this Section shall not be construed to be an authorization or
expansion of any type of gaming or gambling activity. If a majority of the electors voting in
the election vote in favor of gaming activity and one or more forms of such gaming were not
authorized by law and conducted within the parish, such a vote shall not be interpreted to
authorize that gaming activity to be conducted within the parish without a subsequent Act
of the legislature which would authorize or permit that type of gambling activity or operation
within the parish.
G. Notwithstanding any other provision of law to the contrary, no gaming operations
are to be conducted upon a riverboat berthed or docked at a facility on that portion of Lake
Pontchartrain or any waterway connected thereto from the Kenner/Metairie border in
Jefferson Parish to the Industrial Canal in Orleans Parish.
H. Notwithstanding any provision of law to the contrary, no more than one riverboat
upon which gaming activities are conducted shall be berthed or docked on that portion of
Lake Pontchartrain within the city of Kenner. Additionally, no riverboat upon which gaming
activities are conducted shall be berthed or docked in the unincorporated portion of Jefferson
Parish contiguous to Lake Pontchartrain.
I. Notwithstanding any provision of law to the contrary, no riverboat gaming
activities shall be conducted upon a riverboat berthed or docked at a facility on that portion
of Lake Pontchartrain or any waterway connected thereto located within St. Tammany Parish.
However, if approved by the Louisiana Gaming Control Board and by a majority of the
electors voting in the election on the ballot proposition as provided in R.S. 18:1300.25,
riverboat gaming may be conducted in accordance with Chapter 4 of Title 27 of the
Louisiana Revised Statutes of 1950 on that portion of Lake Pontchartrain or any waterway
connected thereto located in St. Tammany Parish at the location specified in the ballot
proposition.
J. Except as otherwise provided in this Section, the election required in this Section
shall be conducted as provided in Chapter 6-B of this Title.
K. The costs of the election required in this Section shall be borne by the state.
L. Notwithstanding any provision of law to the contrary, no licensee shall berth a
riverboat in any parish in which an election was not held pursuant to this Section or in such
parish in which such election was held but in which election authority was denied without
a favorable vote of the electorate in the parish in which a berth is being sought as provided
in this Section.
M. Notwithstanding any provision of law to the contrary, in parishes where
riverboats are authorized to conduct gaming activities and a majority of the electors vote not
to allow such gaming activities, then the license or permit shall not be reissued nor
transferred to another authorized berth in any parish other than in a parish in which a
riverboat upon which gaming is conducted is berthed.
Acts 1996, 1st Ex. Sess., No. 57, §1, eff. May 9, 1996; Acts 1997, No. 1235, §2, eff.
July 15, 1997; Acts 2021, No. 362, §1, eff. June 15, 2021.