Text of Issue 3, the Ohio Casino Initiative

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Ohio Casino Initiative, Issue 3 (2009)

INlTIATlVE PETITION

Amendment to the Constitution

SUMMARY

The Amendment 10 be enacted by amending Article XV, Section 6 of the Ohio Constitution will: • Authorize a single casino at a predetermined location, as designated in the Amendment, in each of the cities of:

  • Cincinnati. The casino in Cincinnati, Ohio will be located on approximately 2004 acres of property located southeast cfReading Road. cast of Broadway, north of CoW1 Street, southwest and partially northeast of the 1-411 ramp and northwest of Gilben Avenue, including 405 Reading Road,415 Reading Road, 421 Reading Road, 521 Reading Road, 575 Reading Road, 1002 Broadway, 1006 Broadway, 1008 Broadway, 1020 Broadway, 1024 Broadway, 418 East Court Street, 430 East Court Street, 1009 Gilbert Avenue and 1031 Spring Street, Cincinnati, Ohio);
  • Cleveland (The casino in Cleveland, Ohio will be located on one or more of the following properties: (a) the property situated south of Public Square, east of Superior Avenue, west of Ontario Street and north of W. Prospect Avenue; (b) the property situated south of W. Prospect Avenue, east of West 6th Street, north of W. Huron Road and west of Ontario Str«1; (e) approximately 7.91 acres of property located south of W. Huron Road, west of Ontario Street, nonh of Canal Road and lying east of the prolongation of the centerline of the Bridge of West 6th Street; (d) approximately 11.22 acres of property and water lying east of the prolongation of the centerline of the Bridge of West 3rd Street, south of Canal Road, northwest of W. Eagle Road and bounded by, and including a portion of, the Cuyahoga River to the soulh and the southwest; (e) all air rights above the approximately 0.87 acre parcel of property situated along and south of Ontario Street in close prOXimity to the intersection of W. Huron Road and Ontario SlIeet; (0 approximately 1.83 acres of property located at the southeast comer of the intersection of W. 3rd Street and W. Eagle Avenue and the northeast comer of the intersection of W. 3rd Street and Carnegie Avenue and west of the former Baltimore and Ohio railroad right of way; Cg) approximately 1.55 acres of property located at the southeast corner of the intersection of W. 3rd Street and Camegie Avenue and west of the former Baltimore and Ohio railroad right of way; (h) floors one through four, mezzanine, basement and sub-basement of that certain property located at 2100 Public Square, Cleveland, Ohio, commonly known as the Higbee Building, which property is located to the south of Public Square, north of West Prospect Avenue and southwest of Ontario' Street; and (i) approximately 61 acres of properties, commonly known as the Scranton Peninsula, bounded by tbe Cuyahoga River to the north and the west and situated west of Scranlon Road and northwest and partially southeast of the overpass of the Lorain Carnegie Bridge);
  • Columbus (The casino in Columbus, Ohio will be located on approximately 18.312 acres currently known as 560 Nationwide Blvd., located on fhe north side of Nationwide Blvd.. west of the railroad overpass and west of the new Franklin County ballpark facility); and
  • Toledo (The casino in Toledo. Ohio will be located on appro:timalely 44.24 acres currently known as 1968 Miami Street, located on the south side of the Maumee River and on the north side of Miami Street with Intentate Highway 75 running north to south tbtu the real property).
  • Provide that each of these four casino facilities will be subject to all applicable health and building laws and ordinances and related requirements; provided that no local zoning, subdivision or land use laws shall prohibit the development or operation of the casino facilities, but, provided further that no casino facility may be located in a district zoned exclusively residential as of January I. 2009.
  • Require the State of Ohio to impose and collect a thirty-three percent (33%) tax on gross casino revenue from each of these four casino facilities while providing the tax commissioner and a newly established Ohio Casino Control Commission with examination authority for the purposes of tax collection.
  • In addition to the gross casino revenue tax, require that aU casino operators of the four casino facilities will be subject to all customary non-discriminatory fees, taxes, and other charges that are generally imposed upon other Ohio businesses, their gross or net revenues, their operations, their owners. and their property. No other casino gaming-related fees, taxes. or other charges may be imposed upon gross casino revenue, casino operators. their operations, their owners, or their property.
  • Require each initial licensed casino operator of each of these four casino facilities to pay an upfront license fee of fifty million dollars ($50.000,000) to the state to support job training programs for Ohio's workforce for a total of two hundred million dollars ($200,000,000).
  • Require each initial licensed casino operator of each of these four casino facilities to make an investment of at least two hundred fifty million dollars ($250,000.000) in the development of their casino facilities for a total minimum investment of one billion dollars (SI,Ooo.OOO.OOO) statewide.
  • Distribute the proceeds of the tax on gross casino revenue from each casino as follows:

(1) 51% among all 88 counties in proportion to such counties' respective populations at the time of such distribution. Half of each county's distribution shall gO to its largest city, but only if that city's population is greater than 80,000 as of the 2000 U.S. census. (2) 34% among all 88 counties in proportion to such counties' respective public school district student populations at the time of such distribution which will be distributed by each county to all public school districts in such county. Each public school district shall determine how its distributions are appropriated, but all distributions shall only be used to support primary and secondary education. (3) 5% to casino host cities. (4) 3% to fund the Ohio Casino Control Commission. (5) 3% to an Ohio Slate Racing Commission fund to support purses, breeding programs and operations at the existing commercial hOrse racetracks. No funding shall be distributed to operations of an Ohio commercial horse racetrack if an owner or operator of the racetrack holds a majority interest in an Ohio casino facility or in on Ohio casino license. (6) 2% to a state fund for training opportunities for Ohio's law enforcement community. (7) 2% to a state fund for the treatment of problem gambling, substance abuse and related research.

  • Provide that tax collection. and distributions to school districts and local governments, under this Amendment, are intended to supplement, not supplant, any funding obligations of the state.
  • Establish the Ohio Casino Control Conunission to license and regulate casino gaming. casioo operators of these four casino facilities, management companies retained by such casino operators, key employees of such casino operators and such management companies, and gaming-related vendors to ensure the integrity of casino gaming.
  • Require the General Assembly to pass laws within six months of the effective date of the Amendment to facilitate the operation of the Amendment.
  • Require that casino gaming be conducted only by authorized casino operators of these four casino facilities or by licensed management companies retained by such casino operators.
  • Allow casino gaming to be conducted twenty-four boon each day as determined by the casino operator for each casino facility.
  • Provide that each casino operator for each casino facility sh211 determine the total number of slot machines in their facility, but there shall be no more than five thousand slot machines per casino facility.
  • Allow at these four casino facilities the types of slot machine and lable game wagering currently authorized in, and any future slot machine and table game wagering aulboriud in, any of the neighboring States of Indiana, Michigan, Pennsylvania. and West Virginia.

• Provide defmitions for the following tenns: casino facility, casino gaming, casino operalor, gross casino revenue, majority interesl, slot machines, and table game. • Provide that nothing in the Amendment shall restrict or in any way limit lotteries authorized under Section 6(A) of Article XV of the Ohio Constitution or bingo authorized under Secrion 6(B) of Article XV of the Ohio Constitution.

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