                                 CODE OF VIRGINIA

ELIGIBLE HOST CITY; CERTIFICATION OF PREFERRED CASINO GAMING OPERATOR (§
58.1-4107)

A. The conduct of casino gaming shall be limited to the following eligible host
cities:

   1. Any city (i) in which at least 40 percent of the assessed value of all real
   estate in such city is exempt from local property taxation, according to the
   Virginia Department of Taxation Annual Report for Fiscal Year 2018, and (ii)
   that experienced a population decrease of at least seven percent from 1990 to
   2016, according to data provided by the U.S. Census Bureau;

   2. Any city that had (i) an annual unemployment rate of at least five percent
   in 2018, according to data provided by the U.S. Bureau of Labor Statistics;
   (ii) an annual poverty rate of at least 20 percent in 2017, according to data
   provided by the U.S. Census Bureau; and (iii) a population decrease of at
   least 20 percent from 1990 to 2016, according to data provided by the U.S.
   Census Bureau;

   3. Any city that (i) had an annual unemployment rate of at least 3.6 percent
   in 2018, according to data provided by the U.S. Bureau of Labor Statistics;
   (ii) had an annual poverty rate of at least 20 percent in 2017, according to
   data provided by the U.S. Census Bureau; (iii) experienced a population
   decrease of at least four percent from 1990 to 2016, according to data
   provided by the U.S. Census Bureau; and (iv) is located adjacent to a state
   that has adopted a Border Region Retail Tourism Development District Act;

   4. Any city (i) with a population greater than 200,000 according to the 2018
   population estimates from the Weldon Cooper Center for Public Service of the
   University of Virginia; (ii) in which at least 24 percent of the assessed
   value of all real estate in such city is exempt from local property taxation,
   according to the Virginia Department of Taxation Annual Report for Fiscal Year
   2018; and (iii) that experienced a population decrease of at least five
   percent from 1990 to 2016, according to data provided by the U.S. Census
   Bureau; and

   5. Any city (i) in which at least 17 percent of the assessed value of all real
   estate in such city is exempt from local property taxation, according to the
   Virginia Department of Taxation Annual Report for Fiscal Year 2016; (ii) that
   had a poverty rate of at least 21 percent in 2019, according to data provided
   by the U.S. Census Bureau; and (iii) that had an annual unemployment rate of
   at least 13 percent in 2020, according to data provided by the U.S. Bureau of
   Labor and Statistics.

B. In selecting a preferred casino gaming operator, an eligible host city shall
have considered and given substantial weight to factors such as:

   1. The potential benefit and prospective revenues of the proposed casino
   gaming establishment.

   2. The total value of the proposed casino gaming establishment.

   3. The proposed capital investment and the financial health of the proposer
   and any proposed development partners.

   4. The experience of the proposer and any development partners in the
   operation of a casino gaming establishment.

   5. Security plans for the proposed casino gaming establishment.

   6. The economic development value of the proposed casino gaming establishment
   and the potential for community reinvestment and redevelopment in an area in
   need of such.

   7. Availability of city-owned assets and privately owned assets, such as real
   property, including where there is only one location practicably available or
   land under a development agreement between a potential operator and the city,
   incorporated in the proposal.

   8. The best financial interest of the city.

   9. The proposer&#8217;s status as a minority-owned business as defined in
   &#xA7; 2.2-1604 or the proposer&#8217;s commitment to solicit equity
   investment in the proposed casino gaming establishment from one or more
   minority-owned businesses and the proposer&#8217;s commitment to solicit
   contracts with minority-owned businesses for the purchase of goods and
   services.

C. The Department shall, upon request of any eligible host city, provide a list
of resources that may be of assistance in evaluating the technical merits of any
proposal submitted pursuant to this section, provided that selection of the
preferred casino gaming operator shall be at the city&#8217;s sole discretion.

D. The eligible host city described in subdivision A 4 shall provide substantial
and preferred consideration to a proposer who is a Virginia Indian tribe
recognized in House Joint Resolution No. 54 (1983) and acknowledged by the
Assistant Secretary-Indian Affairs for the U.S. Department of the Interior as an
Indian tribe within the meaning of federal law that has the authority to conduct
gaming activities as a matter of claimed inherent authority or under the
authority of the Indian Gaming Regulatory Act (25 U.S.C. &#xA7; 2701 et seq.).

E. An eligible host city shall promptly submit its preferred casino gaming
operator to the Department for review prior to scheduling the referendum
required by &#xA7; 58.1-4123. An eligible host city shall include with the
submission any written or electronic documentation considered as part of the
criteria in subsection B, including any memorandums of understanding,
incentives, development agreements, land purchase agreements, or local
infrastructure agreements. The Department shall conduct a preliminary review of
the financial status and ability of the preferred casino gaming operator to
operate and properly support ongoing operations in an eligible host city, as
well as current casino operations in other states and territories. The
Department shall conduct such review within 45 days of receipt of the submission
by the eligible host city. An eligible host city and preferred casino gaming
operator shall fully cooperate with all necessary requests by the Department in
that regard. Upon successful preliminary review, the Department shall certify
approval for the eligible host city to proceed to the referendum required by
&#xA7; 58.1-4123. The Department shall develop guidelines establishing
procedures and criteria for conducting the preliminary review required by this
subsection. Certification by the Department to proceed to referendum shall in no
way entitle the preferred casino gaming operator to approval of any application
to operate a casino gaming establishment.

HISTORY: 2020, cc. 1197, 1248; 2024, cc. 318, 359, 798.