Category Archives: Gambling Venues

Florida goes after Pari-Mutuels as it Seeks to Enforce Designated-Player Card Games Ruling

Casino Watch Focus has reported on the ongoing and developing situation regarding designated player banked card games. This form of card game was offered for four years before its legality was challenged. Last year, however, the court determined the games to be illegal and a violation of the Seminole Compact which outlined exclusive card games at Seminole casinos. As recently reported by Casino Watch Focus that ruling is being challenged in appeals court and is set to be heard next month. In the mean time, swift enforcement has begun to stop these illegal card games. An online source explains:

Florida gambling chiefs have launched legal action against two pari-mutuel venues, the Sarasota Kennel Club and Pensacola Greyhound Racing, for their alleged failure to remove so-called “designated player games” from their premises.

Meanwhile, many of Florida’s other cardrooms and racetracks are bracing themselves for similar action, as the state moves to crack down on the controversial games.

This action is especially important given litigation was dropped by the Seminole’s in exchange for the state agreeing truly enforce the courts ruling. The online source continues:

The case had initially been brought by the State against the Seminoles for their refusal to stop offering banked games once their initial five-year compact expired in 2015. But the tribe countersued over the exclusivity violation, forcing the state into a humiliating retreat. In July, both parties agreed to an end to litigation and the state vowed it would take “aggressive enforcement action” against pari-mutuels that violated the ban on the games it had previously permitted.

Nick Iarossi, a lobbyist for Jacksonville Greyhound Racing, told Sunshine State News that the state’s actions this week show it intends to live up to its word. “They’re going to come in. They’re going to check tape. They’re going to watch games being played live. And if they see anything out of compliance being done, they’re going to issue administrative complaints and fines,” he said. “So everybody is double- and triple-checking to make sure they’re in compliance.” 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION

Advertisements

UPDATE: Florida Decoupling Decision Draws Challenge

Casino Watch Focus has reported on the ongoing efforts to decouple dog racing from gambling venues, thus allowing them to operate stand alone slot machine gambling parlors. True decoupling efforts have been prevented, but the first approved case of de facto decoupling just happened in Florida. An old 1980 law was instrumental in the Magic City case and lead to the recent decoupling that will allow the facility to supplement actual races with jai alai matches. That ruling, however, is now being challenged, but its unclear if the challenge will be heard. The Miami CBS affiliate reports: 

Hartman and Tyner, Inc., and H&T Gaming, Inc., which run the Broward pari-mutuel, have filed a motion requesting that the Department of Businessand Professional Regulation vacate or reconsider the decision last month related to Magic City Casino in Miami.

The decision by the department’s Division of Pari-Mutuel Wagering would allow Magic City, operated by WestFlagler Associates, to replace dog races with jai alai matches and continue offering lucrative slots. The approval dealt with a long-controversial issue known as a “summer jai alai” permit.

In their motion, attorneys for the Broward pari-mutuel’s operators said, in part, that their effort to intervene in the issue was improperly dismissed by the department. Also, they pointed to a 2004 constitutional amendment that allowed slot machines in Miami-Dade and Broward counties and contend that Magic City is only allowed to offer slots in conjunction with a greyhound-racing permit — not a summer jai alai permit.

“As an existing greyhound permit holder and slot machine gaming operator, intervenors (Hartman and Tyner and H&T Gaming) have a right to be heard as to how the constitutional and statutory provisions are being interpreted as it relates to allowing new permits to be used for expanding slot machine operations,” the motion said. “Intervenors assert that slot machine gaming at West Flagler’s facility pursuant to its summer jai alai permit should not be authorized and would be illegal.”

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Florida Casino Expansion denied in Gambling Permit Case

Casino Watch Focus has reported on the efforts to expand gambling in Florida. The state has an agreement with the Seminole’s to allow tribal casinos in state, but other gambling efforts are more small scale and limited to horse and dog racing as well as various pari-mutual gambling locations. Efforts also took place to bring full-scale, Vegas style casino’s to the area and those too were shut down. That hasn’t stopped outside companies from trying to find new ways into the Florida market. The most recent example involves the sale of a license with the intent to move a facility and expand gambling greatly. The Saint Peters Blog has explained those efforts and how they have been shut down:

State gambling regulators this week shot down a request by a South Florida gambling permit holder who wanted sell the permit and allow the next operator to build on a new location in Broward County.

The *Department of Business and Professional Regulation on Monday said both sales of permits and any relocation of gambling—both time-consuming processes—have to be OK’d by the department’s Division of Pari-Mutuel Wagering, which regulates gambling in the state. The decision further cements the state’s control over where and how gambling is offered, particularly after a permit is granted.

The department’s “final order” also is a win for the Seminole Tribe of Florida, which asked to intervene in the case. The Seminoles, who operate the Hard Rock Hotel & Casino in Hollywood, had said allowing gambling licenses to be moved within a county “would provide out-of-state companies (with) an incentive to (buy) a license, possibly resulting in increased business competition for the Tribe.”

The company has a deal with an unnamed buy who was hoping to build a casino in a new location. The buyer knows it needs to relocate and build a new casino to be profitable, so this likely means the deal is off and there wont be significant new casino gambling expansion facing Florida families. 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Florida Court of Appeals to Hear Designated-Player Card Games Case

Casino Watch Focus has reported on the recent rise and fall of designated player banked card games in Florida. This style of card game seeks to avert Florida state gambling laws and for a while, the state wasn’t shutting them down. Once it was brought up that they were illegal forms of gambling and one that also violated the Seminole Compact’s exclusivity agreement, the state had to act. The issue went to court were they ruled illegal. As it might come as no surprise, the decision has now been appealed. An online source reports:

The legal battle related to greatly profitable *designated-player card games* at pari-mutuel facilities across the state of Florida is to be continued soon. It came to the knowledge of Casino Guardian that the matter is scheduled to be heard in September by a local *appeals court*.

The appeal was filed by *Florida Department of Business and Professional Regulation*, which is responsible for regulation and monitoring of local gambling venues. The Department is now challenging a ruling issued in 2016 by E. Gary Early, an Administrative Law Judge. In his decision from *August 2016*, Judge Early said that the way the so-called designated-player card games are being operated in a *way that violates the ban* on “banked” card games that had been imposed by the state.

According to notice which was published on an online court list with pending cases for trial, the *1st District Court of Appeal* is set to host the appeal’s hearing on *September 12th*.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


First Case of De Facto Decoupling Granted in Florida

Casino Watch Focus has reported on the ongoing efforts of those in the dog racing industry to separate the need to continue to allow races as a requisite for allowing slot machines at their facilities. Florida law stated that slot machines were only allowed in certain counties and racing facilities. The dog and horse racing industries in Florida have been struggling. Few bet on the races, the greyhound industry has come under increased scrutiny for mistreatment or drugging of their animals and its been clear that slot machines are the only real think keeping the doors open. Those involved have been attempting to remove the racing requirement so they can simply offer slot machines instead of closing the tracks down. It now appears that one venue has succeeded at getting permission to decouple. The Miami Herald explains: 

Florida gambling regulators this week gave a Miami dog track permission to ditch greyhound races but keep more lucrative slot machines and card games, in a first-of-its-kind ruling.

The Department of Business and Professional Regulation on Wednesday granted a request from West Flagler Associates, which operates Magic City Casino in Miami, to replace dog races with jai-alai matches, as part of a drawn-out legal dispute over a controversial “summer jai-alai” permit.

It’s the first time a pari-mutuel facility has been allowed to drop dog or horse races and continue operating slots. 

This isn’t the result of new legislation or action taken by gambling administrators, as much as it is an application of an old 1980 law. But it does signal that legislators are willing to consider more wide spread decoupling legislation in future. The Miami Herald continues:

The Magic City decision is rooted in a 1980 Florida law that allows pari-mutuels in Miami-Dade and Broward counties that have the lowest betting handle for two consecutive years to convert to summer jai-alai permits. But if those pari-mutuels do not seek conversion, other facilities can seek the permits. The Miami dog track’s lawyer, John Lockwood, first sought the summer jai-alai permit for Magic City in 2011.

After much legal wrangling, the department’s Division of Pari-Mutuel Wagering denied the track’s request to do away with dog races, launch jai-alai games and keep lucrative slots that the track began operating after voters signed off on the machines in 2004. But the 3rd District Court of Appeal ordered gambling regulators to reconsider the issue.

In a declaratory statement issued Wednesday, state regulators said Florida law gives the track the green light to do away with dog races, as long as the jai-alai matches take place at the same facility where the current greyhound permit is operated.

 The agency’s decision won’t have broad implications but comes as lawmakers consider a push by gambling operators who want to do away with live dog and horse racing while holding onto slots or card rooms.

“It’s pretty clear that the department intends for this to not have any far-reaching effects, but once again, John Lockwood has masterfully used a unique set of circumstances to create a positive outcome for his client,” Scott Ross, a former deputy secretary at the Department of Business and Professional Regulation who is now a lobbyist representing other gambling operators, said in a telephone interview Thursday.

Hopefully this was just legal maneuvering and the skill of a lobbyist with connections, but its best to make your opinion known to local representatives.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Florida and the Seminole Tribe finally reach a new Gambling agreement

Casino Watch Focus has reported on the ongoing struggle between Florida and the Seminole Tribe to come to an agreement over exclusivity rights in the local gambling landscape. The part of the Seminole Compact that dealt with table games and other exclusivity rights has been in need of a new agreement for some time now, and each new gambling bill that has been suggested seemingly strained the nature of such an agreement. Additionally, earlier iterations of a new compact have included far more gambling expansion proposals than legislators would allow. Now, it appears interested parties have come to an agreement and it reestablishes exclusivity and doesn’t allow an uptick in gambling expansion. The Miami Herald reports:

Blackjack will continue uninterrupted at casinos run by the Seminole Tribe of Florida, parimutuels will be ordered to stop offering controversial competing card games, and the State of Florida will have access to more than $340 million in new money, under a settlement agreement reached late Wednesday between the tribe and state regulators.

Under the agreement, the Seminole Tribe has agreed to continue monthly revenue sharing payments to the state in return for the state’s agreeing to enforce a judge’s ruling that allows it to continue to operate blackjack and other banked card games at its casinos for another 13 years.

The Florida Department of Business and Professional Regulation must also enforce a rule that prevents competing casinos and card rooms from operating blackjack and slot machines that mimic the banked card games the tribe is entitled to operate exclusively in Florida.

“The settlement is one of the rare incidents where everybody benefits,” said Barry Richard, attorney for the Seminole Tribe. “Nobody gave up anything. The state has an immediate infusion of money, and the tribe gets to continue its games.” 

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Florida Judge Changes ruling on Pre-reveal slot machines

Casino Watch Focus has reported on a new waive of machines that could have drastically changed the gambling landscape in Florida. The machines in question are known as pre-reveal machines, and they are basically slot machines that show you the next spin. Initially, a Florida judge ruled that if you know the outcome then its not gambling because the player gets a preview of what result will come up with the spin. This meant that any establishment could offer these slot machines with no regulation or license required. The judge was urged to reexamine what the machines do. Those familiar with the machines operation explained that even though the player knows the move that’s about to come, they are actually placing a bet on what comes after that move. After a closer look, the Miami Herald is reporting that the judge has changed his mind and these types of slot machines will constitute illegal gambling in not approved and state regulated venues:

Leon County Circuit Judge John Cooper ruled Monday that the electronic devices, in use in bars, strip malls and convenience stores throughout the state, violate a law banning slot machines outside of approved sites. Cooper held the hearing after Florida gambling regulators and the Seminole Tribe asked him to reconsider a March ruling in which he authorized the games.

Cooper originally sided with the manufacturer and the distributor of the machines, finding that they don’t violate prohibitions against slots because the games include a “preview” feature advising players of the outcome “before the player commits any money to the game by activating the ‘play’ button.”

But on Monday, Cooper said he had erred. “He said he was convinced he had made the wrong decision. He said he made a mistake and he felt these machines were slot machines within the meaning of the statute,” Barry Richard, who represents the Seminole Tribe, told The News Service of Florida after Monday’s hearing.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION