Lillian Reed

lreed@eveningsun.com

The third time may be the charm as the old adage goes, but David LeVan's third attempt to bring a casino to the Gettysburg area might be his hardest try yet.

The local businessman, who owns Battlefield Harley Davidson, tried unsuccessfully to bring a casino to the Gettysburg area in 2005-06 and again in 2010. The plans spurred enormous debate between residents — some supported the proposal because of potential economic benefits and others condemned the project for encroaching on Gettysburg National Military Park and hallowed ground.

LeVan announced in January that he is trying again, this time applying for Pennsylvania's only available casino license reserved specifically for harness racing tracks. He plans to build both a harness racing track and casino in Freedom Township on a property bordering the Maryland line.

That means LeVan will not only need the approval from Adams County governments and the Gaming Control Board as in previous attempts, but he'll have to convince the State Horse Racing Commission that his project is viable.

If LeVan wants to bring a casino and track to Freedom Township, he has more hurdles to jump than ever before.

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Freedom Township

Before LeVan can obtain any of the necessary licensing for his venture from the state, he must first work with Freedom Township, the municipality in which he hopes to build.

Freedom Township officials are moving cautiously. Last month, representatives for the project — dubbed Mason-Dixon Downs — attended a supervisor's meeting to discuss how to go about changing a zoning rule. The large swath of land LeVan has been eyeing for his project is zoned in part as a mixed-use district. That zoning category does not allow for casinos and lists specific restrictions, such as building size, that may conflict with LeVan's plans.

Zoning ordinance changes happen all the time in municipalities. Planning commissions vote whether to recommend changes to supervisors. The supervisors must then advertise the proposed change along with the date and time that they plan to take a final vote whether to adopt it into law. Residents are then able to come and weigh in on changes before a final vote is cast.

Freedom supervisors made a motion at the meeting to give the planning commission authority to start reviewing whether to change the zoning ordinance. When about a dozen people used a public comment period to urge officials to wait for more information about the project before taking any action, the supervisors walked the motion back and asked the developer to submit rough drafts of what Mason-Dixon Downs might look like.

Freedom Township will next meet March 8 to discuss the project with developers. No plans have been delivered to the township yet, township secretary Joyce Shindeldecker said in an email Thursday.

The developers will need the ordinance changed before they submit Mason-Dixon Downs' application for a harness racing license to the Horse Racing Commission, the next government entity that LeVan will need to convince. That deadline is June 14.

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State Horse Racing Commission

Before a developer can even apply for Pennsylvania's only available casino license, he or she must first obtain a horse racing license from the state, said Brett Revington, the bureau director for Standardbred racing in Pennsylvania.

This is the new step that LeVan has not had to complete in past years. Previously, the developer applied for casino licenses that were not tethered to horse racing tracks.

Pennsylvania has three categories of licenses for horse racing. LeVan plans to apply for a category one Standardbred harness racing license, which must be partnered with a casino. There are six "racino" licenses issued in Pennsylvania. Mason-Dixon Downs may have to vie against other developers for the seventh and final available license.

The category one harness racing license is conditional, meaning Mason-Dixon Downs needs to get a horse racing license in order to get a casino license. The same rule applies in reverse as a developer cannot have one without the other.

That's the rule that caused problems for Endeka Entertainment, a business venture looking to bring a racetrack and casino to Lawrence County, near Pittsburgh. Endeka was granted the racing license but was deemed unsuitable for a casino license by the Pennsylvania Gaming Control Board. A December ruling from the Pennsylvania Supreme Court re-opened the application process for the racetrack license, effectively terminating Endeka's right to the license and creating the opportunity for LeVan.

The application period opened Feb. 15 and will close June 14, giving applicants 120 days to submit all of the necessary paperwork and the $50,000 processing fee. Whichever applicant is granted the license will have to pay a second $50,000 fee to the state, Revington said.

After the deadline passes, the commission will solicit forensic audits, perform applicant background checks and investigate all details in each application to ensure accurate information. The commission will then hold a series of public hearings near each proposed location for a racetrack. That could mean a hearing in or near Freedom Township where local government officials, business owners and members of the public may weigh in on the project.

The commission will then review all of the information and issue a ruling to give the license to one of the applicants. If none of the applicants are deemed suitable, the commission could opt against issuing the license at all, Revington said.

Since the commission needs time to conduct the investigations and hearings, there is no timeline associated with the process, he said. Developers may also appeal any decision the commissions make to the courts.

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Gaming Control Board

The process for getting a casino license in Pennsylvania is similar to a horse racing license.

The developer must submit a detailed application to the Gaming Control Board along with an application fee, which varies in cost based on the application. The board conducts an extensive investigation and then holds hearings in the proposed location for the casino, said Richard McGarvey, a spokesperson for the board.

Finally, the board makes a decision whether or not to issue a casino license, which costs $50 million for up to 5,000 slots and an additional $16.5 million for up to 250 table games. Similar to the State Horse Racing Commission, the board could choose to reject a developer for the license as it did with Endeka.

The exact length of time for LeVan to get all of the approvals from the states is difficult to predict, but it could take years.

The last time the harness racing license application process was open was in 2002, when Endeka and others applied for the license, Revington said. Even though Endeka was granted the harness racing license, the project was denied the casino license by the Gaming Control Board in 2016.

LeVan will also need to continue working with Adams County and Freedom Township officials throughout the licensing process. The local government officials, who have the final authority on regulating how projects are constructed within their jurisdiction, often testify during the licensing hearings.

If LeVan is successful in jumping through all of these hoops to obtain both licenses and local government approval, then he can begin to build.