Category Archives: Slot Machines

Florida Ends Session with No Gambling Bills Passed – Seminole Tribe Provided Assurances to Continue the Revenue Sharing Compact in the Interim

Casino Watch Focus has reported on the ongoing gambling expansion issues in Florida. Many issues were on the table this legislative session including a new gambling compact between the State and the Seminole Tribe, a greyhound racing ban, specific regulations on types of card games to be allowed, and the location and expiation of new slot machines in the states. The hope was to address these issues this legislative session, as it seems clear that a new amendment will pass a vote of the people to require all future gambling legislation to be approved by the voters. Most recently though, Casino Watch Focus reported that those goals were unlikely to be achieved as the focus of the Florida legislators would be shifting to focus on gun control legislation that was prompted after the Parkland school shooting. After those efforts were complete, gambling discussions were given some very last minute life, but as reported by The Palm Beach Post, those efforts have come to a close with no new gambling bills being passed:

Republican legislative leaders had resurrected the issue in the waning days of the session as they tried to strike a deal between the gambling-leery House and the Senate, which was willing to expand slot machines to counties where voters have approved the lucrative machines.

But after a day of horse-trading, House Speaker Richard Corcoran and Senate President Joe Negron declared the issue off the table. “Despite the good faith efforts of both the House and Senate, a gaming bill will not pass the Legislature this session,” the leaders said in a statement Friday evening. “Gaming remains one of the most difficult issues we face as a Legislature. We are pleased with the progress made over the last week and know that our colleagues will continue to work on this important issue.”

Lawmakers were anxious to address the perennially elusive issue due to a constitutional amendment on the November ballot that would give voters control of future gambling decisions, something now largely left up to the Legislature.

“We spent so much time, and rightfully so, on the school-safety legislation, and we found ourselves on a Friday, with a Sunday deadline if we had extended, and the tribe’s not up here,” Galvano said, referring to school-safety legislation stemming from the Feb. 14 mass shooting at a Broward County high school.

One of the more pressing issues at hand, was the formation of a new gambling compact between the Florida and the Seminole Tribe. The legal issues at hand have stemmed from the exclusivity aspects of certain card games in exchange for income to the State. The Palm Beach Post continues:

Also, legislators wanted to ensure a steady stream of income from the Seminole Tribe of Florida. The money could be in peril after a federal court ruling about controversial “designated player” games at pari-mutuel cardrooms throughout the state. Striking a new deal, called a compact, with the Seminoles, which would be part of any gambling legislation, has proved elusive for legislators.

One of the critical provisions of a 2010 deal between the state and tribe, giving the tribe “exclusivity” over banked card games, such as blackjack, expired in 2015. That spawned a protracted legal battle and previously futile attempts by lawmakers to seal a new agreement. The tribe pays more than $300 million a year under the banked-card games portion of the 2010 agreement.

But the legal battle focused heavily on what are known as “designated player games,” which are played at pari-mutuel facilities. After a federal judge sided with the tribe in a dispute over whether the lucrative designated-player games breached the Seminoles’ exclusivity over offering banked card games, the tribe agreed to continue making payments to the state, and gambling regulators promised to “aggressively enforce” the manner in which cardrooms conduct the designated player games.

While the tribe agreed to temporarily continue paying the state, some lawmakers are eager for the financial certainty a new compact would provide. But Galvano said he has spoken with a representative of the tribe, who assured him that the Seminoles intend to maintain the revenue-sharing agreement with the state. 

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New Missouri Gambling Bill Represents the Largest Gambling Expansion to the State since Casinos

Casino Watch Focus has reported on the newest attempts to expand gambling in Missouri, that being Tribal Casinos. The opposition was immediate and not much else has come out publicly about that expansion idea. A new discussion for expansion has emerged however, and if allowed, it could easily be the largest expansion of gambling since voters agreed to riverboat casinos. The bill proposed would legalize slot machines in bars, convenient stores and places like the VFW. The St. Louis Post Dispatch reports: 

Under legislation endorsed by a Senate committee Tuesday on a 4-2 vote, the state would allow as many as five video gambling machines in taverns, convenience stores, restaurants and truck stops and as many as 10 machines in benevolent organizations such as the Veterans of Foreign Wars or the Elks Club. 

An analysis of the proposal shows nearly 20,000 slot machines could become as close to home as the local convenience store after a four-year ramp up period. 

Mike Winter of the Missouri Gaming Association said legalizing slot machines would be the largest expansion of gambling since voters approved the casinos. “This is a very substantial change in policy,” Winter said. “We do have considerable concerns with the legislation.”

 The casino industry would obviously see a hit to their bottom line and given they have substantial lobbying influence, legislators decided to add a way to help the casino industry off set some of their losses. The bill paves the way to allow even more expanded gambling by allowing casinos to offer sports gambling. KMOV reported the details:

There is a renewed effort in Missouri to legalize slot machines at bars and convenience stores despite concerns from the casino industry. The Missouri Video Lottery Control Act made it’s way out of committee on Tuesday.

To help out casinos, the bill does allow for sports betting. Taxes from wagering on sporting events could bring in an additional $65 million. But for now, sports betting is illegal under federal law. Hoskins said if that changes, the casinos could participate. 

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UPDATE: Despite Florida Supreme Court Ruling, Gadsden Looking to Authorize Slots in North Florida Again

Casino Watch Focus has reported on the ongoing saga of a north Florida county attempting to legalize slot machines. Florida law very clearly outlines the jurisdictions of where slot machines and other gambling are legal, and Gadsden county is not one. The issue of voter approved slot machines in not designated areas reached the Florida Supreme Court and they unanimously agreed Florida law prohibited such gambling venues. However, it appears a new bill has been filed to again allow Gadsden County to hold a referendum on authorizing slot machine gambling at the local race track. Florida Politics breaks down the attempted angle they are taking:

A unanimous Florida Supreme Court last year ruled against the track and facilities in seven other counties that previously passed local referendums allowing slots, saying “nothing in (state gambling law) grants any authority to regulate slot machine gaming to any county.”

The holding was limited to non-charter counties, however. Gadsden does not have a charter but did pass a slots referendum in 2012. Tuesday’s bill responds to the court’s ruling that “the Legislature did not specifically authorize” that referendum.

It would OK the following ballot question: “Shall slot machine gaming be authorized at the pari-mutuel quarter horse racing facility in the City of Gretna?”

The issue was quickly addressed by Executive Direct of Florida group No Casinos, and Paul Seago was very to the point in his opposition:

“First, we think it violates the Florida Constitution, which prohibits expansion of casino gambling without a statewide vote,” he said. “Second, it sets up a violation of the compact between the state and the Seminole Tribe, jeopardizing millions of dollars in revenue.”

The Seminole Tribe of Florida enjoys exclusive rights to offers slots outside of South Florida; breaking that exclusivity entitles the Tribe to reduce or stop paying a cut of its gambling revenue to the state.

“Third, any municipality that thinks casino gambling is a key to economic development need look no further than Atlantic City to see the associated crime and social ills that come with it,” Seago added. “For these reasons we will vigorously oppose HB 1111.”

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A New form of Gambling in Video Games? What are Loot Boxes and Why is the Gaming Community asking the ESRB to Call this Gambling Practice Out?

Casino Watch Focus has reported on the highly addictive principle of near misses and how this form of gambling forms strong addiction. Typically viewed in the context of regulated slot machines, the player pulls the lever and tries to line enough symbols up in a row to get a prize. Studies have indicated that when someone gets close but doesn’t win, what they call a near miss in the industry, the player will chase the win. A very similar phenomenon is now taking place in video games. The concept in the gaming world is known as a loot box. You pay a price to manufacture to by a box. Random items that a player would want to have in the game, say, a high powered weapon in a shooting game or a piece of defensive armor that models a coveted look and offers superior protection from other players, are generated when the loot box is opened. The key is that the items are random. Most players are looking for top end, often times called legendary gear. The odds of getting them aren’t too high and so a player tends to keep paying more and more money to open more and more loot boxes chasing after the win, or the best items in the game. This practice was identified very early as a form of gambling and a gaming mechanic that uses the same psychological techniques to addict players. The worst part, they are in games marketed toward children and no regulation exists. The highest level, state or federal laws, are completely none existent, so many in the community turned to the ESRB rating system to get these games classified as mature, so that young kids and teens aren’t the target of such gambling practices. As reported by Forbes, ESRB has erred in declining to view loot boxes as gambling, and social awareness is very much need to properly protect players:

Today, the Entertainment Software Rating Board, or ESRB, stated publicly that the hot new monetization trend in video games, loot boxes, don’t qualify as gambling. This is wrong on many levels. While it’s true that, unlike a slot machine, a loot box will always result in some form of a prize, that doesn’t change the fact that the simple act of opening loot boxes is incredibly similar to gambling, and taps into all the same parts of the brain.

“The player is basically working for reward by making a series of responses, but the rewards are delivered unpredictably,” Dr. Luke Clark, director at the Center for Gambling Research at the University of British Columbia, told PC Gamer recently “We know that the dopamine system, which is targeted by drugs of abuse, is also very interested in unpredictable rewards. Dopamine cells are most active when there is maximum uncertainty, and the dopamine system responds more to an uncertain reward than the same reward delivered on a predictable basis.”

Psychologists call this “variable rate reinforcement.” Essentially, the brain kicks into high gear when you’re opening a loot box or pulling the lever on a slot machine or opening a Christmas present because the outcome is uncertain. This is exciting and, for many people, addictive. When it comes to video games, the biggest concern is that children and adolescents will end up forming addictive behaviors early on.

At this point there are two issues/lines of thought at play. One is that the act of buying a loot box and opening it might not be technically gambling because you always get a prize. To this point, its pointed out above that the act of chasing loot boxes is exactly the same as gambling. More importantly though, some games do allow the players to sell or auction off the items received in exchange for real world money, items or game subscription, things with real world value. Eurogamer very specifically outlines the many ways in their recent article when they discuss both the US ESRB and European’s PEGI stance on loot boxes. So in that sense the player is putting real money into the game, opening the box and getting a price based on random chance not skill, and then cashing out the winnings, which is text book gambling. The Second line of thought is that regardless of whether or not this reaches the threashold for actual gambling that requires governmental oversight, it absolutely should get the ESRB’s attention and it should be disclosed to players and parents accordingly. Forbs continues:

“Look if you include these kind of mechanics in these games and you actually allow people to buy these packs for real money, these random blind packs and engage in what is essentially a form of gambling, then you should be jacking the rating of your game up to Mature.

“The fact that [Star Wars] /Battlefront II/ is going to be Teen rated and yet has an in-game real money gambling system blows my mind. How are they possibly getting away with that? Well, the answer is that the US government and legislation hasn’t caught up with it yet.”

OpenCritic co-founder and CEO Matthew Enthoven says that the ESRB’s response “kind of ducked the issue” calling it a semantic argument. “You can call it gambling, you can call it gaming addiction, you can call it whatever you want. The problem is still the same,” he tells me. 

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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.”

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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. 

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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.

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