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  • Casinos in New York State


    APPLICATIONS RECEIVED – JUNE 30, 2014


    May 12, 2014 Gaming Facility Location Board Meeting: Video | Transcript

    April 30, 2014 Gaming Facility Location Board Applicant Conference: Video: Windows Media | Video: Realplayer | Transcript

    March 31, 2014 Gaming Facility Location Board Meeting: Video | Transcript


    The Upstate New York Gaming Economic Development Act (Chapters 174 and 175 of the Laws of 2013) outlines the procedure and process for siting destination gaming resorts in New York State. The primary provisions of the Act are included in Article 13 of New York's Racing, Pari-Mutuel Wagering and Breeding Law.


    Overview:

    • Four destination gaming resorts in Upstate New York

    • At least one facility in each of three regions:

    o Capital

    o Catskills/Hudson Valley

    o Eastern Southern Tier

    • No more than two facilities in any of the three regions

    • Tribal casinos retain their geographical exclusivity

    • No downstate gaming resorts for at least 7 years after first gaming license is awarded

    • Gaming facilities will either be entirely new resorts or conversion of existing New York racinos

    Important Note:

    Lobbyist Registration Form: Section 1329 of the Racing, Pari-Mutuel Wagering and Breeding Law requires each lobbyist seeking to engage in lobbying activity on behalf of a client or a client's interest before the Gaming Commission to first register with the secretary of the Commission. This requirement is in addition to any other registration and reporting required by law. Completed forms should be emailed to Kristen.Buckley@gaming.ny.gov.

    Lobbyist Registration Database


    Regional Revenue


    Presentation about the Upstate New York Gaming and Economic Development Act


    Gaming Expenditures

  • Casino Applicant Executive Summaries


    In connection with applications to develop and operate a gaming facility in New York State submitted on June 30, 2014, the New York State Gaming Commission hereby distributes through its website certain materials submitted by each Applicant. Any opinions, statements or other information or content expressed in the application materials or made available by an Applicant are those of the respective Applicant and do not necessarily state or reflect those of the New York State Gaming Commission or the New York Gaming Facility Location Board. Please note that redactions made to any of the application materials were made by the Applicants and are currently under review by the New York State Gaming Commission under the Freedom of Information Law (N.Y. Public Officers Law Article 6) and the Personal Privacy Protection Law (N.Y. Public Officers Law Article 6-A). If it is determined that a redaction does not qualify as an exemption, the document containing that redaction will be reposted with such redaction removed.

    The New York State Gaming Commission is not responsible for any errors or omissions in any Applicant material made available or for any consequences of the use of this information. All Applicant information is provided "as is," with no guarantee of completeness, accuracy, timeliness or any other aspect of this information, and without warranty of any kind, express or implied, including, without limitation, warranties of performance, merchantability and fitness for a particular purpose. In no event will the New York State Gaming Commission, the New York Gaming Facility Location Board, or the agents or employees thereof, be liable to anyone for any decision made or action taken in reliance on the information in this website or for any consequential, special or similar damages, even if advised of the possibility of such damages.


    Catskills/Hudson Valley (Region 1)


    Caesars New York / Caesars Entertainment

    • Municipality: Woodbury (Orange County)

    • Executive Summary

    Mohegan Sun at The Concord / Concord Kiamesha LLC and Mohegan Gaming New York LLC

    • Municipality: Thompson (Sullivan County)

    • Executive Summary

    Montreign Resort Casino / Empire Resorts

    • Municipality: Thompson (Sullivan County)

    • Executive Summary

    The Grand Hudson Resort & Casino / Greenetrack , Inc.

    • Municipality: New Windsor (Orange County)

    • Executive Summary

    Hudson Valley Casino & Resort / Hudson Valley Gaming, LLC/Saratoga Harness Racing Inc(II)

    • Municipality: Newburgh (Orange County)

    • Executive Summary

    Nevele Resort, Casino & Spa / Nevele-R, LLC by Nevele Resort, Casino & Spa

    • Municipality: Ellenville (Ulster County)

    • Executive Summary

    The Live! Hotel and Casino New York (OCCR Enterprises, LLC)

    • Municipality: South Blooming Grove (Orange County)

    • Executive Summary

    Sterling Forest Resort / RW Orange County LLC

    • Municipality: Tuxedo (Orange County)

    • Executive Summary

    Resorts World Hudson Valley / RW Orange County LLC

    • Municipality: Montgomery (Orange County)

    • Executive Summary


    Capital Region (Region 2)


    Rivers Casino & Resort at Mohawk Harbor / Capital Region Gaming, LLC

    • Municipality: Schenectady (Schenectady County)

    • Executive Summary

    Unknown / Florida Acquisition Corp

    • Municipality: Amsterdam (Montgomery County)

    • Executive Summary

    Howe Caverns Resort & Casino / Howe Caves Development LLC

    • Municipality: Howes Cave (Schoharie County)

    • Executive Summary

    Hard Rock / NYS Funding, LLC

    • Municipality: Rensselaer (Rensselaer County)

    • Executive Summary

    Capital View Casino & Resort / Saratoga Harness Racing Inc. (I)

    • Municipality: East Greenbush (Rensselaer County)

    • Executive Summary


    Eastern Southern Tier (Region 5)


    Tioga Downs Casino, Racing & Entertainment / Tioga Downs Racetrack LLC

    • Municipality: Nichols (Tioga County)

    • Executive Summary

    Traditions Resort & Casino / Traditions Resort & Casino

    • Municipality: Johnson City (Broome County)

    • Executive Summary

    Lago Resort & Casino / Wilmot Casino & Resort by Wilmorite, Inc.

    • Municipality: Tyre (Seneca County)

    • Executive Summary

  • RFA for Gaming Facilities

    • Request for Application

    • Gaming Facility License Application Form

    • Adobe PDF
    • MS Word

    • Multi Jurisdictional Personal History Disclosure Form

    • New York Supplement to the Multi Jurisdictional Personal History Disclosure Form

    • Adobe PDF
    • MS Word

    • First Round Questions and Answers - April 23, 2014

    • Advance Questions and Answers for Applicant Conference - April 30, 2014

    • Guidance Document: Refund of Application Fee (Revised) - April 30, 2014

    • Applicant Conference Questions and Answers - May 2, 2014

    • Guidance Document: Minimum Capital Investment (Revised) - May 12, 2014

    • RFA Addendum - MWBE - May 12, 2014

    • Second Round Questions and Answers - May 14, 2014

    • Guidance Document: Resolutions of Support (Revised) - May 20, 2014

    • Guidance Document: SEQRA - May 20, 2014

    • Guidance Document: Additional Questions and Answers - May 20, 2014

    • Host Municipality Resolution Questions and Answers - June 10, 2014

    • Guidance Document - Joint Guidance on Lobbying - June 16, 2014

    • Regulatory White Paper - June 16, 2014

    • Additional Questions & Answers, June 16, 2014

    • Document Submission Clarification

    • Guidance Document Regarding SEQR - June 19, 2014

    • Additional Questions and Answers - June 24, 2014

    • Guidance Document - Fingerprinting - June 26, 2014

    • Additional Questions and Answers - June 27, 2014

    PERMISSIBLE CONTACTS

    Consistent with the public policy established by the Procurement Lobbying Law, the Supervisor of Contract Administration and the Contract Management Specialist designated below are the only points of contact with regard to matters relating to this RFA unless the Board designates additional points of contact.

    ALL COMMUNICATIONS CONCERNING THIS REQUEST FOR APPLICATION MUST BE ADDRESSED IN WRITING TO THE SUPERVISOR OF CONTRACT ADMINISTRATION OR THE CONTRACT MANAGEMENT SPECIALIST NOTED BELOW:

    New York State Gaming Commission
    Contracts Office
    One Broadway Center
    Schenectady, NY 12301-7500

    Gail P. Thorpe, Supervisor of Contract Administration
    gail.thorpe@gaming.ny.gov

    or

    Stacey Relation, Contract Management Specialist
    stacey.relation@gaming.ny.gov

  • The Siting Process

    The following dates are established for informational and planning purposes. The Board reserves the unilateral right to make adjustments to this schedule.

    RFA IssuedMarch 31, 2014
    Applicants' First Questions Due by 4:00 p.m. EDTApril 11, 2014
    Board Responses to First QuestionsApril 23, 2014
    Mandatory Applicant ConferenceApril 30, 2014
    Written Summary of Applicant ConferenceMay 2, 2014
    Applicants' Second Questions Due by 4:00 p.m. EDTMay 7, 2014
    Board Responses to Second QuestionsMay 14, 2014
    Applications Due by 4:00 p.m. EDTJune 30, 2014
     Oral Presentations of ApplicationsOn or after July 21, 2014*
     Selection of Gaming Facility OperatorEarly fall

    *As discussed in the April 30, 2014 Applicant Conference, public presentations and public hearings will be held after Labor Day.


    The Gaming Facility Location Board has employed the services of Taft, Stettinius & Hollister LLP to provide analysis of the gaming industry and assist with the comprehensive review and evaluation of the applications. The consultant, which was procured through a separate Request for Proposal, has subcontracted with financial advisory firm Christiansen Capital Advisors, investment bank Houlihan Lokey and gaming facility consultant Macomber International, Inc. Learn more here: http://www.gaming.ny.gov/pdf/03.24.14.FLBGamingAdvisoryServices.pdf

    Additionally, the Facility Location Board may retain attorneys, accountants, auditors and financial and other experts to render necessary services, as well as Commission and other state agency staff as necessary to assist in its mission.

    The Facility Location Board and the Commission both have independent authority to conduct public hearings concerning applicants for gaming facility licenses as well as the overall conduct of gaming.

    Applications for licenses are to be public records; provided however, that N.Y. Public Officers Law § 87 (d)(2) applies to trade secrets

    Meetings of Resort Gaming Facility Location Board will be public.


    Request for Application

    The Request for Application must contain the following elements:

    • The location of the proposed gaming facility

    • The type and number of games to be conducted

    • Whether the facility is part of a regional or local economic plan

    • Identify each person having a direct or indirect interest in the business

    • Submit an independent audit report of all financial activities and interests

    • Prove financial stability by clear and convincing evidence

    • Provide information and documentation demonstrating sufficient business ability

    • Full description of internal controls and security systems for the proposed gaming facility

    • Designs for the proposed gaming facility

    • Number of construction hours estimated to complete the work

    • Description of the ancillary entertainment services and amenities to be provided

    • Number of employees to be employed at the proposed gaming facility, including detailed information on the pay rate and benefits

    • Completed studies and reports including:

    o Economic benefits to the region and the state

    o Local and regional social, environmental, traffic and infrastructure impacts

    o Impact on the local and regional economy, cultural institutions and small businesses

    o Cost to the host municipality, nearby municipalities and the state for the proposed gaming facility to be located at the proposed location

    • Estimated state tax revenue to be generated by the gaming facility

  • License Applicant Eligibility

    As a condition of filing, each applicant must illustrate to the Board's satisfaction that local support has been demonstrated.

    If the Commission determines no applicant has met the eligibility criteria or the Board finds that no applicant has provided substantial evidence that its proposal will provide value to the region: no gaming facility license shall be awarded in that region.

    Required Capital Investment:

    • Board establishes minimum capital investment, by zone and region

    • Investment to include casino area, hotel and other amenities

    • May include purchase or lease price of the land or any support infrastructure

    • May consider private capital investment made previous to the casino legislation, but the Board may discount a percentage of the investment made

    • Ten percent of total investment proposed must be placed in an account, releasable upon performance or subject to forfeit if project is not timely completed


    Application Evaluation

    The Resort Gaming Facility Location Board will evaluate applications on the following scale and issue a finding on each.


    Economic Activity & Business Development Factors - 70 percent

    • Realizing maximum capital investment exclusive of land acquisition and infrastructure improvements

    • Maximizing revenues received by the state and localities

    • Providing the highest number of quality jobs in the gaming facility

    • Building a gaming facility of the highest caliber with a variety of quality amenities to be included as part of the gaming facility

    • Offering the highest and best value to patrons to create a secure and robust gaming market in the region and the state

    • Providing a market analysis detailing the benefits of the site location of the gaming facility and the estimated recapture rate of gaming-related spending by residents travelling to an out-of-state gaming facility

    • Offering the fastest time to completion of the full gaming facility

    • Demonstrating the ability to fully finance the gaming facility

    • Demonstrating experience in the development and operation of a quality gaming facility


    Local Impact and Siting Factors - 20 percent

    • Mitigating potential impacts on host and nearby municipalities which might result from the development or operation of the gaming facility

    • Gaining public support in the host and nearby municipalities which may be demonstrated through the passage of local laws or public comment received by the board or gaming applicant

    • Operating in partnership with and promoting local hotels, restaurants and retail facilities so that patrons experience the full diversified regional tourism industry

    • Establishing a fair and reasonable partnership with live entertainment venues that may be impacted by a gaming facility under which the gaming facility actively supports the mission and the operation of the impacted entertainment venues


    Workforce Enhancement Factors - 10 percent

    • Implementing a workforce development plan that utilizes the existing labor force, including the development of workforce training programs that serve the unemployed

    • Taking additional measures to address problem gambling including, but not limited to, training of gaming employees

    • Utilizing sustainable development principles

    • Establishing, funding and maintaining human resource hiring and training practices that promote the development of a skilled and diverse workforce and access to promotion opportunities

    • Purchasing, whenever possible, domestically manufactured slot machines for installation in the gaming facility

    • Implementing a workforce development plan that:

    o Incorporates an affirmative action program

    o Utilizes the existing labor force in the state

    o Includes specific goals for the utilization of minorities, women and veterans on construction jobs

    o Identifies workforce training programs

    o Identifies the methods for accessing employment

    • Demonstrating that the applicant has an agreement with organized labor, including hospitality services, and has the support of organized labor for its application, which specifies:

    o The number of employees to be employed at the gaming facility

    o Detailed plans for assuring labor harmony during all phases of the construction, reconstruction, renovation, development and operation


    License Thresholds

    In order to receive a gaming license, the successful applicant must:

    • Invest the required capital

    • Meet the deposit requirement

    • Demonstrate ability to pay and commit to paying the licensing fee

    • Demonstrate how proposes to address:

    o problem gambling concerns

    o workforce development and community development

    o host and nearby municipality impact and mitigation issues

    • Identify infrastructure costs of the host municipality incurred in direct relation to the construction and operation of a gaming facility and commit to a community mitigation plan for the host municipality

    • Identify service costs of the host municipality incurred for emergency services in direct relation to the operation of a gaming facility and commit to a community mitigation plan for the host municipality

    • Pay application fee to defray the licensing costs

    • Comply with state building and fire prevention codes

    • Formulate an affirmative action program of equal opportunity whereby the applicant establishes specific goals for the utilization of minorities, women and veterans on construction jobs

  • Gaming Facility Location Board

    A five-member Resort Gaming Facility Location Board, appointed by the Commission, will evaluate casino applications and ultimately make selections of who is eligible to apply for a commercial gaming license in New York State. To be eligible, members of the Facility Location Board must meet a strict series of requirements.

    Gaming Facility Location Board Logo


    Board Members



    The Facility Location Board will select license applicants through a competitive Request for Application process. In particular, the Facility Location Board will:

    • Work with the Commission to develop the application form

    • Determine a gaming facility license fee

    • Develop the criteria to assess which applications provide the highest and best value to the state, zone and region

    • Determine the sources and total amount of an applicant's proposed capitalization to develop, construct, maintain and operate a proposed gaming facility

    • Issue detailed findings of facts and conclusions demonstrating the reasons supporting its decisions to select applicants

    Members of the Facility Location Board are subject to procurement lobbying provisions in N.Y. State Finance Law §139-j and §139-k. The members receive no compensation other than expenses incurred in carrying out their duties.


    Resort Gaming Facility Location Board Requirements

    As mandated in the Act, Board members must possess ten or more years of responsible experience in fiscal matters, plus significant service:

    • As an accountant economist, or financial analyst experienced in finance or economics

    • In an academic field relating to finance or economics

    • In the field of commercial real estate

    • As an executive with fiduciary responsibilities in charge of a large organization or foundation

    Board Members must be a resident of the New York and cannot be an elected official. Additionally, they cannot:

    • Have a close familial or business relationship to a person that holds a license under the Racing Law

    • Have any direct or indirect financial interest, ownership, or management, including holding any stocks, bonds, or other similar financial interests in any gaming activities, including horse racing, lottery or gambling

    • Receive or share in, directly or indirectly, the receipts or proceeds of any gaming activities, including horse racing, lottery or gambling

    • Have a beneficial interest in any contract for the manufacture or sale of gaming devices, the conduct of any gaming activity, or the provision of any independent consulting services in connection with any licensed establishment

    In addition, the Gaming Commission has determined that Facility Location Board Members should reside outside of the eligible casino zones.

  • Host Municipality Resolutions of Support Received

    NOTE: Beginning 5/22/14, this page will be updated as new resolutions are received.

    Region 1 (Catskills/Hudson Valley)

    Region 2 (Capital Region)

    Region 5 (Eastern Southern Tier)