§ 10-309. Video Lottery Facility Economic Opportunities.

(a)

Pursuant to authority set forth in Section 9-1A-10(a)(3), State Government Article, Annotated Code of Maryland, a video lottery operator shall comply with the following requirements:

(1)

In the construction and operation of any video lottery facility located in the County, a video lottery operator shall use best efforts to meet or exceed annual percentages of county based business participation set forth in a development agreement negotiated between the video lottery operator and the County Executive or the County Executive's designee, subject to approval of the development agreement by resolution of the County Council.

(2)

In the construction and operation of any video lottery facility located in the County, a video lottery operator shall use best efforts to meet or exceed annual percentage goal(s) for county based minority business participation set forth in a development agreement negotiated between the video lottery operator and the County Executive or the County Executive's designee, subject to approval of the development agreement by resolution of the County Council.

(3)

In the construction and operation of any video lottery facility located in the County, a video lottery operator shall use best efforts to meet or exceed annual percentage requirements for the employment of County residents set forth in a development agreement negotiated between the video lottery operator and the County Executive or the County Executive's designee, subject to approval of the development agreement by resolution of the County Council.

(b)

Video Lottery Facility Compliance and Reporting Plan. Any development agreement authorized by this Division shall include a Video Lottery Facility Compliance and Reporting Plan to facilitate and ensure satisfaction of the requirements of the agreement. A Video Lottery Facility Compliance and Reporting Plan shall include, but not be limited to including, reasonable procurement and employment reporting requirements, standards and procedures for determining best efforts, employment training and preparation efforts, local business capacity building, enforcement provisions, and community outreach components to be complied with by the video lottery operator on an ongoing basis.

(c)

Any development agreement authorized by this Division shall include a statement detailing any opportunities in relation to the video lottery facility to be made available to Prince George's County residents or businesses via direct monetary or other equity investment, ownership of independent in-line businesses, ownership of retail pad sites, ownership of business franchises, ownership of service businesses, and/or ownership of any other for-profit businesses.

(d)

Approval of a development agreement by resolution of the County Council under this Division shall occur prior to the issuance of any use and occupancy permits for the video lottery facility and compliance with the development agreement shall be a stated condition of approval for any use and occupancy permits for the video lottery facility. A development agreement authorized by this Division may be adjusted by mutual consent of the video lottery operator and the County Executive or County Executive's designee, subject to approval of any such adjustment by County Council resolution.

(e)

Regardless of the timing of approval of the development agreement, the requirements of subsections (a)(1)—(a)(3) of this Section shall apply to the entire construction and operation phases of the video lottery facility, from commencement to completion.

(CB-7-2014)

Editor's note

Section 2 of CB-7-2014 (DR-4) provides that within six (6) months after the first building permit is issued to the video lottery operator and semi-annually thereafter, the video lottery operator shall prepare and submit a report to the County Council and Compliance Manager detailing the video lottery operator's performance in fulfilling the requirements of the Video Lottery Facility Compliance and Reporting Plan, specifically the utilization of county based business participation, county based minority business participation, and the employment of County residents as it relates to the construction phase of any video lottery facility located in the County until the construction is completed. Beginning on July 1, 2017 and annually thereafter, the video lottery operator shall be responsible for providing an annual briefing to the County Council and Compliance Manager detailing the video lottery operator's performance in fulfilling the requirements of the Video Lottery Facility Compliance and Reporting Plan, specifically the utilization of county based business participation, county based minority business participation, and the employment of County residents as it relates to the operation phase of any video lottery facility located in the County.