Constitutionality of Rhode Island Online Casino Bill Questioned

constitutionality_of_rhode_island_online_casino_bill_questionedBally’s Corp. and IGT, two major gambling businesses with headquarters in America’s smallest but most densely populated state, had a chance to pitch their plan for online casino gambling in Rhode Island, but not every stakeholder in government the local gambling economy appeared to be happy about the prospect as proposed.

IGT is a familiar name to most seasoned casino gamblers in the US, but not everyone is aware of the fact that Si Redd’s Las Vegas-based company was acquired by and merged with the world’s largest lottery operator, GTECH – a company that posted over US$ 4 billion in revenue for 2022 or that Bally’s as we know it is not the Bally’s they may have known a decade ago. That company sprung from Twin Rivers (Rhode Island’s exclusive video lottery terminal casino game supplier with venues in Lincoln and Tiverton) and acquired the Bally’s name from Caesar’s a short time ago in relative terms.

The pushback comes from what might seem to be the most unlikely of places – the Rhode Island State Lottery (RILOT). Under the proposed bill, RILOT would have complete control of nearly every aspect of the proposed online casino gambling market in the state from the making of game rules to terms and conditions, and every regulatory duty normally associated with online casino gambling. The servers themselves would be located in one or both of Bally’s land-based casinos in the state.

IGT provides Bally’s with technology and machines to run its lottery casinos and sportsbetting applications in the state.

The Will of the People

Casino gambling and gambling expansion in the state were allowed under voter referendums in accordance with the state constitution, which as of today states:

No act expanding the types or locations of gambling which are permitted within the state or within any city or town … shall take effect until it has been approved by the majority of those electors voting in a statewide referendum and by the majority of those electors voting in said referendum in the municipality in which the proposed gambling would be allowed.”

Furcolo said (formatting – source article): “While the Rhode Island Lottery believes there is a legislative path for authorizing iGaming, and is supportive of iGaming, it is the … Lottery’s position that the bill — as drafted — is likely unconstitutional and must be revised to conform with the authorization under the 2012 and 2016 Voter Referendums related to casino gaming.

IGT is Rhode Island’s exclusive supplier of lottery solutions such as traditional lottery, instant win tickets, video lottery terminals (casino “slots”), and internet lottery games in the state.

The company’s lottery contract was recently extended until 2043 guaranteeing IGT the exclusive right to provide those games and services for an additional 20 years.

More recently, Bally’s was approved by RILOT to continue its exclusive provenance of sportsbetting in the state for three years, in concert with and using the technologies of IGT.

More than Constitutional Issues?

According to a report in the Providence Journal, one of the problems raised at a Senate hearing was one of monopoly as the legislation under consideration would not allow competitive bidding for an online casino license tender. The legislation, as proposed, was written and delivered to state lawmakers by Bally’s Corp, IGT, or one of the consortium’s affiliates.

Another issue, the one at front and center is the ability of 18-year-olds to act as “gambling surrogates” or proxy bettors for other high school-aged residents even younger.

Rhode Island teens of 18 years or older are currently banned from purchasing or using alcohol, cigarettes, or recreational marijuana – but they are allowed to place sports bets. According to the Providence Journal article: “<this> has made them kingpins of sorts in high school gambling operations.”

It’s not always easy to parse what’s “really” being said in Rhode Island media as the state has an antiquated but fully democratic government in the republican form, but a labyrinthine and impossible for outsiders to navigate political system as well as a history of less than savory characters holding sway over many elements of power in the state. If those nuances, as well as other things about America’s oldest state, are not understood by readers, the media may falsely assume that readers outside of the state may know what is behind certain references.

One salient example is a statement made by former Sen. John Tassoni Wednesday night when he was speaking in the capacity of a Rhode Island Council on Problem Gambling board member. He told a Senate committee: “They were called ’10 percenters’ on Federal Hill,” while referring to 18-year-olds giving younger children access to gambling online.

The former Senator’s office was closed on Sunday as this article was written so we were unable to contact him for clarification. We find no history of the “obvious” assumption that teens “ran numbers” for bookmakers or any other guess at what nefarious nature a “teen ten percenter” would represent.

A snippet of RI history for context from WorldAtlas:

On May 4th, 1776, Rhode Island was the first colony to renounce allegiance to Great Britain and declare its independence. However, Rhode Island was the last state to ratify the United States Constitution. It finally did so on May 29, 1790.

Readers are welcome to do their own research on Federal Hill and its history to form a personal assumption about the former Senator’s reference. A cursory search revealed no reference to gambling for our researchers.

Former Senator Not Alone in Concerns

Rhode Island Lottery director, Mark Furcolo warned that the Senate bill (S948) is “likely unconstitutional” as it is currently written. The Journal states that even if that issue is put to rest, iGaming “is likely” to cannibalize state revenues from existing Lottery offerings. However, Bally’s addressed that issue in a Spectrum Gaming analysis prior to announcing the new legislation at a Chamber of Commerce dinner a couple of months ago.

It would appear to the casual observer that some of the “noise” rising up against the casino bill may come from competitors, as is understandably the case in a capitalist system that is supposed to be fair and free of monopolization.

A spokesman for the Sports Betting Alliance (a coalition that includes BetMGM, DraftKings, and FanDuel) reportedly asked why Rhode Island might join Delaware as the only state in the Unionwhose residents would be limited to a single choice when it comes to iGaming.”

While the aforementioned businesses are all primarily sportsbetting operators, they also have casino components in some states that allow online casino gambling along with sportsbetting.

The spokesperson, Jon Mandel continued: “The result will be no different than mobile sports betting,” referring to the recent RILOT/Bally’s contract renewal of three years.

Residents will continue to use the illegal market; <they will> drive into Connecticut; or <they will> wait until Massachusetts legalizes iGaming to then cross the border, to the benefit of that state, not Rhode Island.”

Is $210 Million Per Year in New Revenue Enough?

Mandelas purportedly backed up his argument by referring to stats from the first month the neighboring state, Massachusetts opened online sports betting in that state, beginning on March 10, 2023.

Mandalas stated: “GeoComply identified 1,761 instances of a Rhode Island resident first attempting to access a Massachusetts sports betting app in Rhode Island and then traveling to Massachusetts and successfully logging into an app.”

The Sports Betting Alliance argues: “Multiple iGaming operators will generate significantly more tax revenue for the state than if the state grants one company a monopoly.”

The Bally’s measure as written is expected to generate about $210 Million a year for state coffers based on its Spectrum Gaming analysis and report which was tendered along with the proposed legislation in February this year.

Source: Online gambling could bring $210m in revenue. Why is Rhode Island Lottery pushing back? Providence Journal, May 12, 2023

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Rivers Casino Portsmouth Pays $275K Fine for Regulatory Infractions

Rivers Casino Portsmouth in January made history by becoming the first permanent casino to open in Virginia. But as a result of securing its place in Virginia’s rich history, the property also now has the dubious distinction of being the first casino to be fined by the Virginia Lottery Board.

Rivers Casino Portsmouth Virginia gambling
Patrons stand in a line outside Rivers Casino Portsmouth ahead of its grand opening on Jan. 23, 2023. The Virginia casino has agreed to pay the state $275K for three allegations of compliance breaches. (Image: The Virginian-Pilot)

Virginia’s 2020 commercial gaming bill directed all regulatory responsibilities for the state’s liberalization of brick-and-mortar casinos to fall under the scope of the Virginia Lottery Board. The agency handles all licensing matters and assures compliance of gaming operations.

Board officials said alleged violations at Rivers Portsmouth were brought to the state’s attention in January and February. Based on the review, the Lottery Board informed Rivers Casino that there was evidence suggesting that the casino, directly and through its contractors and agents, had allegedly violated provisions of the state’s Casino Gaming Law and the agency’s regulations. The mishaps reportedly occurred both before and after the casino’s opening on Jan. 23, 2023.

Rivers Casino Portsmouth, owned and operated by Chicago-based Rush Street Gaming, sought to remedy the allegations through a $275K settlement instead of a more costly administrative hearing.

Settlement Reached

The Virginia Lottery Board alleged Rivers’s violations included allowing underage people access to the casino floor. The claims also suggested that Rivers failed to properly license certain slot machines, and allowed a self-excluded person entry who had registered with the Lottery Board’s Voluntary Exclusion Program.

The Lottery has asserted that these actions violated the Casino Gaming Law and the regulations promulgated thereunder, and that these actions were sanctionable,” the Virginia Lottery Board’s settlement agreement with Rivers explained. “Rivers has cooperated fully with the Lottery’s inquiry into these matters, and has taken corrective measures, and has developed a corrective action plan to ensure future compliance with the Casino Gaming Law and its related regulations.”

Casinos often self-report regulatory infractions to their state gaming regulators. Self-reporting is typically a stipulation of holding a gaming license.

During the Virginia Lottery Board’s meeting on the Rivers allegations last month, a discussion ensued about how the board became aware of the violations. Board Executive Director Kelly Gee said those details “cannot be discussed in open session.”

Matter Resolved

The Virginia Lottery Board said the review of Rivers Casino Portsmouth has been deemed settled. But if the casino encounters additional regulatory infractions in the immediate future, the settlement could be readdressed.

For now, the $275K payment resolves the alleged violations. The Lottery Board said the settlement “does not constitute an allegation, an admission, or a denial by either party that a violation of law or regulation has occurred.”

Virginia’s Casino Gaming Law explains that allowing persons under 21 years of age to gamble inside a brick-and-mortar casino regulated by the Board is a Class 1 misdemeanor.

Rivers Casino generated gross gaming revenue (GGR) of about $24.7 million in February, its first full month in operation. March GGR was $23.6 million.

On the March haul, Rivers paid about $4.3 million in state and local taxes. About $1.4 million stayed in Portsmouth for the city’s local government.

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MGM’s Casino Resort in Osaka Japan Approved by Central Government

mgms_casino_resort_in_osaka_japan_approved_by_central_governmentThe Prime Minister of Japan announced Friday that a key committee had approved the development of an integrated resort casino (IR) in the Prefecture of Osaka.

Prime Minister Fumio Kishida heralded the decision by the Minister of Land, Infrastructure, Transport and Tourism’s review committee to greenlight after a meeting of the Headquarters for the Promotion of Integrated Resort.

MGM Resorts will participate in the operation and own a significant portion of the project along with Orix Corporation, a Japanese financial firm that is listed on the Tokyo and New York stock exchanges. The two firms will reportedly control equal 40% shares.

The resort will be operated by a newco. The consortium will include about 20 local companies.

Long Road to Arrive at Osaka Casino Resort

The central government’s approval comes after years of struggles and delays as there were initial hopes that the supporting legislation and approval could happen in enough time before the 2020 Tokyo Summer Games to capture revenue from the surge in tourism.

However, it wasn’t until 2018 when the Japanese Diet (parliament) finally authorized the construction of integrated resorts (after supporting legislation was passed in 2016) as part of a tourist resort. Several more years passed as the complicated framework was hammered out and the proper political coalitions could be found. The law, originally championed by former Prime Minister Abe finally came into effect in 2021.

The massive casino resort complex on the man-made island of Yumeshima in Osaka Bay will not be opened before the ward of Osak holds the World Expo in 2025. While the target date and final build cost estimates are certain to change over time, it is now expected to cost some US$10 billion to build with an opening anticipated in 2029 or 2030. Current cost estimates range between $8.5m and $13.5 billion (¥1.8 trillion).

Most multi-billion dollar casino developments around the world are allowed to open a temporary casino prior to full completion of the surrounding resort amenities, but Japan is a law unto itself when it comes to such matters. It’s currently unclear how the hotels and conference centers, shopping malls, museums, and ferry terminal will be phased in or if the casino will be allowed to open after certain benchmarks are achieved.

While several regions across the country were initially open for proposals, in recent years it has boiled down to Osaka and possibly Nagasaki. The 2018 legislation authorized the building of up to three IRs.

Already More than 7,000 Gambling Parlors in Japan

While this will be Japan’s first legal casino, gambling on Pachislo slots or pachinko machines that resemble vertical pinball games has always enjoyed a carve-out as a cultural exception. Players left as much as ¥14.6 trillion yen in those machines as of 2021.

More than 7,000 parlors featuring those games are scattered across the county, particularly in high foot-traffic areas such as near train stations. Other forms of gambling that were allowed before the casino bills passed include horse racing, motorboat, and motorcycle racing, bicycle race betting, and a restricted form of soccer betting as well as a lottery.

The MGM/Orix resort is expected to bring around 20 million visitors a year to the area who are expected to spend as much as $8.5b (¥1.14 trillion) each year once the full resort is open. Peak employment for the entire facility is expected to reach as high as 15,000.

Japanese citizens will have to pay a fee for every 24 hours they spend in a casino and there is a cap on the number of times one can visit. Family members will be able to request that any member be excluded from entering the premises.

Nagasaki is Still “in the running”

Asian media reports indicate that while Nagasaki is still “in the running” for a second IR for Japan, that issue didn’t come up at Friday’s meeting. However, GGRAsia reports that it has confirmed with local officials that the authorities in Nagasaki are still in discussions with central government officials about its plan for a casino resort.

The Nagasaki casino resort would be located in Sasebo City next to Huis Ten Bosch theme park, according to currently known plans.

In announcing the IR’s approval, Prime Minister Kishida said: “The Minister of Land, Infrastructure, Transport and Tourism has decided to certify Osaka’s area development plan. Osaka’s IR will contribute to the development of the Kansai region after the 2025 Osaka-Kansai Expo and to the growth of Japan. It is expected that it will become a tourist base that spreads the charm of Japan to the world.”

Earlier, Brian Sandoval President of Global Gaming Development at MGM Resorts said: “We want to provide guests with a new IR destination experience that is uniquely Japanese. Japan is advanced in technology innovation. It is also known as the best in class in terms of hospitality, rich in arts, culture, and food. We respect the spirit of “Omotenashi” and Japanese vibrant traditions. We have already learned so much from Japan that we have been able to export to other markets in which we operate.”

Source: Japan approves building of first casino, The Guardian, April 14, 2023

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Academy of Country Music Announces Casino of the Year Nominees

The Academy of Country Music (ACM) Awards has announced its nominees for “Country Music’s Party of the Year,” scheduled for next month on Thursday, May 11.

Academy of Country Music Awards casino theater arena
Luke Combs performs at the 2019 Country Music Awards in Nashville. The 2023 Academy of Country Music Awards has nominated 11 casinos for its “Casino of the Year — Theater” and “Casino of the Year — Arena” categories. (Image: Getty)

Among the list of nominees are 11 casinos that are finalists for two categories: “Casino of the Year — Theater” and “Casino of the Year — Arena.” The 58th edition of the ACM Awards will stream live exclusively on Amazon Prime from the Ford Center at The Star in Frisco, Texas.

The ACMs left Las Vegas last year after hosting its annual awards shindig at Mandalay Bay since 2003.

Country music icons Dolly Parton and Garth Brooks are slated to cohost the 58th ACMs. And for the gaming industry, the focus of the star-studded gala will be learning which casinos come out on top as it relates to hosting country music concerts and festivals.

Along with the Country Music Awards, the ACM Awards are some of the most prestigious prizes in all of country music. But while the CMAs are fully fan-voted, only members of the ACM elect nominees and vote on the finalists. The ACM includes nearly 5,000 members.

The ACMs are headlined by the “Entertainer of the Year” category. Its 2023 nominees include Jason Aldean, Kane Brown, Luke Combs, Miranda Lambert, Chris Stapleton, Carrie Underwood, and Morgan Wallen.

Casino Categories

Another distinction between the CMAs and ACMs is that only the latter recognizes the importance that commercial and tribal casinos have on the country music industry.

The ACMs began honoring casino venues in 1998 with the introduction of the “Casino of the Year” category. The award for the 2013 show was split into categories based on venue capacity, with casino categories for small, medium, and large capacity venues being honored from 2013 through 2018.

For the 2019 show, the ACM again modified its casino recognitions to include “Theater” and “Arena” components. To qualify, a venue must host at least five country music concerts or dates a year.

The 2023 “Casino of the Year — Theater” class includes Deadwood Mountain Grand, Golden Nugget Lake Charles in Louisiana, Resorts World Theatre at Resorts World Las Vegas, Seminole Hard Rock Hotel & Casino in Hollywood, Fla., and Soaring Eagle in Mount Pleasant, Mich.

The 2023 “Casino of the Year — Arena” nominees include Ontario’s Fallsview Casino Resort, Harrah’s Council Bluffs in Iowa, Harveys Lake Tahoe in Nevada, Mystic Lake Casino Showroom in Prior Lake, Minn., North Quest Resort & Casino in Airway Heights, Wash., and Turning Stone Resort Casino in Upstate New York’s Verona.

Previous Winners

MGM Grand Garden Arena in Las Vegas was the casino arena of the year in 2019 and Mohegan Sun Arena took the honors in 2021. There was no awards ceremony in 2020 because of the pandemic.

As for the best casino theaters, The Joint at the Hard Rock Hotel & Casino Tulsa won the award in 2019 and Choctaw Casino & Resort in Durant, Okla., received the decoration for 2021.

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Washington State Woman with TB Faces Jail After Casino Visit

An unnamed Tacoma, Wash. woman who refuses to isolate with tuberculosis (TB) has visited an area casino at least once, according to court documents seen by The Tacoma News Tribune.

TB, tuberculosis, Tacoma, Casino Washington state
TB is a life-threatening bacterial infection that attacks the lungs. It killed 1.6 million people worldwide in 2021, but US deaths are rare, and  it can be treated with antibiotics. (Image: MyMed)

The woman, identified in filings only as “V.N.,” has been ordered by the Pierce County Superior Court to isolate and receive treatment for the disease. But thus far, she has failed to comply, The News Tribune reports.

V.N. has had the disease for over a year and has ignored over a dozen court orders.

On March 2, the woman was found to be in contempt of those orders and a warrant was issued for her arrest. Nevertheless, as of April 5, she remained at large and continued to avoid detention, according to court documents filed last week.

At the time of publication, it is not clear whether V.N. has been apprehended by the Pierce County Sheriff’s Office.

Public Consumption

A corrections officer has been assigned to surveil the respondent to “determine her habits in order to execute the warrant in a safe manner,” according to the filings.

The officer “observed a person they believed to be respondent leave her residence, get onto a city bus, and arrive at a local casino,” the documents said.

While TB is a life-threatening bacterial infection that attacks the lungs, frequent visitors to Tacoma-area casinos probably shouldn’t panic. Transmission usually occurs only after prolonged, frequent, or close contact with an infected individual.

That means it is far more likely to be transferred between members of the same household. Even then, 90% of those infected are asymptomatic and cannot pass on the disease. This is known as latent TB. For the 10% who develop active TB, the deathrate is around 66% if effective treatment is not received.

Global Killer

In 2021, the disease killed around 1.6 million people worldwide, according to the World Health Organization. Just 526 of those deaths occurred in the US, per figures from the CDC. Washington state averages around 200 cases per year, according to the Tacoma-Pierce County Health Department (TPCHD).

Treatment for active TB involves prolonged antibiotics courses of between four and 20 weeks because some strains of the disease are resistant to certain medications. This is something V.N. shows no willingness to be subjected to, according to court filings.

In a blog post days before V.N.’s arrest warrant was issued, the TPCHD admitted that such cases involve a fine balance between the risk to the public and the civil liberties of the patient.

“We are always hopeful a patient will choose to comply voluntarily. Seeking to enforce a court order through a civil arrest warrant is always our last resort,” the health department said.

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