ORS 227.172¹
Siting casino in incorporated city

(1) As used in this section:

(a) "Casino" means a facility in which casino games, as defined in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530), are played for the purpose of gambling.

(b) "Tribal casino" means a facility used for:

(A) Class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act of October 17, 1988 (25 U.S.C. 2701 et seq.);

(B) Class III gaming conducted under a tribal-state compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(8)); or

(C) Gaming conducted in accordance with the Indian Gaming Regulatory Act and federal regulations.

(2) A casino may not be sited on land in an incorporated city unless the electors of the city approve the development.

(3) Before a permit, as defined in ORS 227.160 (Definitions for ORS 227.160 to 227.186), can be approved authorizing a proposed development of land in an incorporated city as a site for a casino, the governing body of the city that contains the site shall submit the question of siting the casino to the electors of the city for approval or rejection.

(4) Subsections (2) and (3) of this section do not apply to a tribal casino. [2007 c.724 §2]

Notes of Decisions

References to applica­tion for permits and zone changes do not prevent use of quasi-judicial pro­ceed­ing in other types of land use decisions. Depart­ment of Transporta­tion v. City of Mosier, 161 Or App 252, 984 P2d 351 (1999)

Law Review Cita­tions

10 WLJ 395 (1974); 68 OLR 1005 (1989)

Chapter 227

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., applica­tion to city governing bodies and planning com­mis­sions, (1974) Vol 36, p 960

1 Legislative Counsel Committee, CHAPTER 227—City Planning and Zoning, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors227.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 227, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­227ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information