Louisiana Statewide Rule
Louisiana Restricts Casino Siting to Named Waterways
Key Facts
- Riverboat gaming
- Limited to waterways named in R.S. 27:43(B)(1)
- Local option
- 25% voter petition forces a parish-wide election
- Vote effect
- Majority ban blocks new berths in that parish only
- Existing riverboats
- Rejection doesn't affect right of passage or other parishes
- Land-based casino
- One statewide, sited at Rivergate, Orleans Parish
- Local zoning power
- None beyond admission fee -- state licenses exclusively
- Regulator
- Louisiana Gaming Control Board
Summary
Louisiana authorizes casino gambling only on a short list of named rivers and lakes under La. R.S. 27:43 -- the Mississippi, Red outside Rapides Parish, Calcasieu, Mermentau, and Atchafalaya Rivers, Lake Pontchartrain, Lake Charles, and several other designated waterways -- plus a single land-based casino at the old Rivergate site in New Orleans. A parish bordering an eligible waterway can still vote riverboat gaming out under the local-option election law.
Notwithstanding any other provision of law to the contrary, the conducting of gaming activities on a riverboat in accordance with the provisions of this Chapter, while upon designated rivers or waterways as described in Subsection B of this Section, is hereby authorized. ... For purposes of this Chapter, designated rivers and waterways shall include those portions of the Mississippi, Red, except the portion of the Red River within the borders of Rapides Parish, Calcasieu, Mermentau, or Atchafalaya Rivers and Bayou Segnette within the city limits of Westwego, the Mississippi River Gulf Outlet, Bayou Bienvenue, Lake Pontchartrain, ... Lake Maurepas, Lake Charles, the Intracoastal Waterway, except the portion thereof within the borders of Terrebonne and Lafourche Parishes, and the Sabine River north of the Toledo Bend Reservoir Dam ... upon which a gaming operator is authorized to conduct gaming operations in accordance with the provisions of this Chapter.
Full Breakdown
Casino siting in Louisiana runs through Title 27 of the Revised Statutes, and it works nothing like municipal zoning. Riverboat gaming is legal only on the specific waterways Section 27:43(B)(1) names by name: the Mississippi, Red (outside Rapides Parish), Calcasieu, Mermentau, and Atchafalaya Rivers, Bayou Segnette within Westwego, the Mississippi River Gulf Outlet, Bayou Bienvenue, Lake Pontchartrain (the stretch south and east of I-10 in St. Tammany Parish), Lake Maurepas, Lake Charles, the Intracoastal Waterway outside Terrebonne and Lafourche Parishes, and the Sabine River above the Toledo Bend dam. Adding any other waterway to that list requires its own parish-wide vote under Subsection B(2) -- the legislature does not get to expand casino geography by itself.
Even inside an eligible waterway, a parish or municipality can still shut riverboat gaming out. Section 27:93(C) lets 25 percent of a parish's registered voters force a local-option election by petition; a majority voting to prohibit gaming blocks any new licensed berth there. A rejection doesn't touch a riverboat's right to simply pass through the parish's waters, and it has zero effect on operations already licensed elsewhere in the state -- the vote is parish-specific, not statewide. Outside collecting the admission fee Section 93(A) authorizes, local governments have no independent power to license, zone, or otherwise regulate riverboat gaming; that authority sits entirely with the state.
Land-based casino gaming is even narrower. Section 27:241 caps it at one official gaming establishment statewide, contractually sited at the old Rivergate Convention Center site in Orleans Parish, with the state's contract expressly exclusive against any second land-based casino opening in that parish while it runs. The Louisiana Gaming Control Board administers licensing and enforcement for both the riverboat and land-based programs.
Violations & Penalties
Berthing or operating a gaming riverboat outside the waterways Section 27:43(B)(1) lists, or opening a new berth in a parish that voted gaming down under Section 27:93(C), gives the Louisiana Gaming Control Board grounds to deny, suspend, or revoke the operator's license and refer the operation for prosecution as illegal gambling. A second land-based casino in Orleans Parish while the Rivergate contract runs would breach the state's exclusive Section 27:241 contract, not just a permit condition -- the remedy runs through contract enforcement and license action, not a local citation.
Frequently Asked Questions
Can a Louisiana parish ban casino gaming?
Which Louisiana waterways allow riverboat casinos?
Is there a land-based casino in Louisiana?
Can a city zone out a state-licensed riverboat casino?
Sources
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