Click here for Fiscal Note
Second Regular Session
Sixty-first General Assembly
LLS NO. 980523.01 DHG
SENATE BILL 98069
STATE OF COLORADO
BY SENATOR Chlouber;
also REPRESENTATIVE Sullivant.
A BILL FOR AN ACT
CONCERNING MEASURES TO PRESERVE THE HISTORIC CHARACTER
OF THE COMMUNITIES IN WHICH LIMITED GAMING IS PERMITTED, AND,
IN CONNECTION THEREWITH, REQUIRING APPROVAL IN ADVANCE FOR THE
DESTRUCTION OF HISTORIC STRUCTURES OR THE CONSTRUCTION OF DISPROPORTIONATELY
LARGE NEW STRUCTURES IN GAMING COMMUNITIES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
States that the constitutional requirement of consistency with preWorld War I architectural styles is presumed met in the case of casino construction approved by local governing bodies of gaming towns, except when existing preWorld War I buildings are to be demolished or relocated or the proposed casino structure would exceed 36 feet in height or 60,000 gross square feet in area. Requires a report and recommendations by the state historical society and the approval of the Colorado limited gaming control commission in such cases.
Sets forth the factors to be considered by the historical society in making its report and recommendation.
Applies to construction projects for which a building
permit was issued on or after January 1, 1998.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 5 of article 47.1 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
1247.1516.5. Licensed premises historic preservation when additional approval required. (1) IN KEEPING WITH SECTION 9(3)(b) OF ARTICLE XVIII OF THE COLORADO CONSTITUTION, ALL PREMISES WHERE LIMITED GAMING IS CONDUCTED SHALL CONFORM TO THE ARCHITECTURAL STYLES AND DESIGNS THAT WERE COMMON PRIOR TO WORLD WAR I IN THE AREAS IN WHICH THEY ARE LOCATED AND SHALL CONFORM TO THE REQUIREMENTS OF APPLICABLE CITY ORDINANCES. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS SECTION, STRUCTURES APPROVED BY THE RESPECTIVE MUNICIPAL GOVERNING BODIES SHALL BE PRESUMED TO MEET THESE CONSTITUTIONAL STANDARDS.
(2) IF NEW CONSTRUCTION OR THE RENOVATION OF ANY EXISTING STRUCTURE CAUSES OR THREATENS TO CAUSE ANY OF THE FOLLOWING RESULTS, NO LIMITED GAMING LICENSE SHALL BE ISSUED AND NO LIMITED GAMING ACTIVITY SHALL BE CONDUCTED ON THE PREMISES UNTIL THE APPLICANT SEEKS AND OBTAINS THE APPROVAL OF THE COMMISSION BASED ON A REVIEW AND RECOMMENDATION BY THE STATE HISTORICAL SOCIETY PURSUANT TO SECTION 1247.11202:
(a) AN EXISTING STRUCTURE THAT WAS BUILT BEFORE 1915 WILL BE DEMOLISHED OR RELOCATED;
(b) THE STRUCTURE IN WHICH LIMITED GAMING IS TO TAKE PLACE EXCEEDS THIRTYSIX FEET IN HEIGHT, MEASURED FROM THE LOWEST POINT OF THE EXISTING NATURAL GRADE ON THE PLAT TO THE HIGHEST PORTION OF THE STRUCTURE;
(c) THE STRUCTURE IN WHICH LIMITED GAMING IS TO TAKE PLACE EXCEEDS SIXTY THOUSAND GROSS SQUARE FEET OF FLOOR AREA.
SECTION 2. Part 12 of article 47.1 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
1247.11202. Historical preservation in gaming communities review of proposed construction, renovation, or demolition. (1) UNDER THE CIRCUMSTANCES DESCRIBED IN SECTION 1247.1516.5 (2), THE STATE HISTORICAL SOCIETY SHALL REVIEW AND MAY RECOMMEND TO THE COMMISSION APPROVAL OF ANY PROPOSED CONSTRUCTION, RENOVATION, RELOCATION, OR DEMOLITION OF STRUCTURES IN WHICH LIMITED GAMING ACTIVITY TAKES PLACE OR WILL TAKE PLACE. SUCH REVIEW AND RECOMMENDATIONS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, CONSIDERATION OF THE FOLLOWING FACTORS:
(a) THE COMPATIBILITY OF THE PROPOSED STRUCTURE WITH OTHERS IN THE VICINITY WITH REGARD TO SIZE, SCALE, MASS, AND HEIGHT;
(b) A COMPARISON OF THE PROPOSED STRUCTURE WITH STRUCTURES THAT EXISTED IN AND WERE TYPICAL OF THE COMMUNITY PRIOR TO WORLD WAR I, WHETHER OR NOT SUCH BUILDINGS STILL EXIST, WITH REGARD TO SIZE, SCALE, MASS, AND HEIGHT; AND
(c) THE HISTORIC AND ARCHITECTURAL SIGNIFICANCE OF ANY PRE1915 STRUCTURE THAT WOULD BE DEMOLISHED OR RELOCATED.
(2) THE COMMISSION MAY ADOPT RULES AND PROCEDURES IN FURTHERANCE OF THIS SECTION.
SECTION 3. Effective date applicability. This act shall take effect upon passage and shall apply to projects in which a local building permit is or was issued on or after January 1, 1998.
SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.