- Casinos In New York
- Casino Applicant Materials
- RFA for Gaming Facilities
- The Siting Process
- License Applicant Eligibility
- Gaming Facility Location Board
- Resolutions of Support
Casinos in New York State
August 7, 2014 Gaming Facility Location Board Meeting: Video
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.
• Four destination gaming resorts in Upstate New York
• At least one facility in each of three regions:
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
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.
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
Mohegan Sun at The Concord / Concord Kiamesha LLC and Mohegan Gaming New York LLC
Montreign Resort Casino / Empire Resorts
The Grand Hudson Resort & Casino / Greenetrack , Inc.
Hudson Valley Casino & Resort / Hudson Valley Gaming, LLC/Saratoga Harness Racing Inc(II)
Nevele Resort, Casino & Spa / Nevele-R, LLC by Nevele Resort, Casino & Spa
The Live! Hotel and Casino New York (OCCR Enterprises, LLC)
Sterling Forest Resort / RW Orange County LLC
Resorts World Hudson Valley / RW Orange County LLC
Capital Region (Region 2)
Rivers Casino & Resort at Mohawk Harbor / Capital Region Gaming, LLC
Unknown / Florida Acquisition Corp
Howe Caverns Resort & Casino / Howe Caves Development LLC
Hard Rock / NYS Funding, LLC
Capital View Casino & Resort / Saratoga Harness Racing Inc. (I)
Eastern Southern Tier (Region 5)
Tioga Downs Casino, Racing & Entertainment / Tioga Downs Racetrack LLC
Traditions Resort & Casino / Traditions Resort & Casino
Lago Resort & Casino / Wilmot Casino & Resort by Wilmorite, Inc.
RFA for Gaming Facilities
• Gaming Facility License Application Form
• New York Supplement to the Multi Jurisdictional Personal History Disclosure Form
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:
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 Issued March 31, 2014 ✓ Applicants' First Questions Due by 4:00 p.m. EDT April 11, 2014 ✓ Board Responses to First Questions April 23, 2014 ✓ Mandatory Applicant Conference April 30, 2014 ✓ Written Summary of Applicant Conference May 2, 2014 ✓ Applicants' Second Questions Due by 4:00 p.m. EDT May 7, 2014 ✓ Board Responses to Second Questions May 14, 2014 ✓ Applications Due by 4:00 p.m. EDT June 30, 2014 Oral Presentations of Applications On or after July 21, 2014* Selection of Gaming Facility Operator Early 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.
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
The Resort Gaming Facility Location Board will evaluate applications on the following scale and issue a finding on each.
• 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
• 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
• 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
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.
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.
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)