Compliance Updates
PGCB Approves License for Nittany Mall Casino
The Pennsylvania Gaming Control Board (PGCB) on Wednesday unanimously approved a license for the proposed mini-casino at the Nittany Mall, but a potential appeal and a parallel lawsuit by a competing company mean the facility is unlikely to move forward any time soon.
SC Gaming OpCo, owned by investor and former Penn State trustee Ira Lubert, was awarded the state’s fifth category 4 casino license about two and half years after Lubert won an auction to apply with a $10 million bid.
The $127 million casino project is planned for the 94,000-square-foot former Macy’s property at the College Township mall.
While the board approved the license, it cannot be issued until any appeals are resolved, and a competing casino company is likely to contest the decision.
Stadium Casino, which was the losing bidder at the 2020 auction, has argued that Lubert subsequently partnered with other entities and individuals who may have ownership interests and who were not eligible to bid because they had no pre-existing interests in Pennsylvania casinos. State law for Category 4 casinos requires bidders to have ownership in existing casinos in Pennsylvania, and Lubert was eligible because of his ownership interest in Rivers Casino Pittsburgh.
SC Gaming has partnered with Bally’s, which does not have any Pennsylvania casinos, to develop the project. The board on Wednesday also approved a casino management license for Bally’s.
Baltimore-based Stadium, which operates the Live! casinos in Philadelphia and Pittsburgh, contended that the PGCB did not even have the statutory authority to consider the license application because of the ownership questions.
Stadium was granted 15 minutes to speak at Wednesday’s hearing but was denied discovery and not permitted to question witnesses. Attorney Mark Aronchick called the limitations “an abuse of discretion” by the board and said that because Stadium was the only party involved questioning the authority to consider the application, an adversarial hearing should have been conducted.
“You have tied our hands. You are not permitting us to do it in the proper way and that is not right,” Aronchick said.
PGCB’s chief enforcement counsel, Cyrus Pitre, said the board’s statutory authority is clear.
“The authority is in the [Pennsylvania gaming] act. The act is replete with the authority of this board, so as far as I’m concerned that argument goes out the window. Everything submitted by Mr. Lubert as an applicant is similar to just about every other application that we’ve received for a category 1, 2, 3, 4 license. His application is no different from Stadium’s application or any other applicant that came before us in general. There is nothing unsuitable about the application. There is nothing unsuitable about the integrity of the source of the funds, the source of the bid. All of that has been investigated and is of a suitable nature,” Cyrus Pitre said.
Lubert’s attorneys stated that he is the sole owner of SC Gaming OpCo, that any transfer of ownership would require PGCB approval and that state law does not prohibit having other financial backers.
Office of Enforcement Counsel attorney Ashley Gabrielle said PGCB’s Bureau of Investigations and Enforcement and its Financial Investigations Unit conducted “exhaustive and detailed” background investigations and found no issues.
“…OEC is of the opinion that SC Gaming OpCo is eligible and suitable for the issuance of a category 4 slot machine license at this time. As such, OEC is of the opinion that the board has the authority and duty to consider this application as it does any other application that is ripe for consideration,” Gabrielle said.
An appeal of the board’s decision would go to the Pennsylvania Supreme Court. Stadium also has a lawsuit against Lubert and the PGCB pending in Commonwealth Court, with no clear timeline.
Compliance Updates
Grupo Aposta Ganha secures GLI 19, GLI 33 and Brazilian certification for its platform from BMM Testlabs
Aposta Ganha, the fastest-growing Brazilian sports betting and casino site, has successfully completed its GLI 19, GLI 33 and Brazilian certifications from BMM Testlabs for its Player Account Management (PAM) system and Sportsbook
These three important certifications mark a significant milestone in Grupo Aposta Ganha’s complete commitment to regulatory compliance and operational excellence in Brazil’s iGaming market. Meeting BMM Testlabs’ rigorous testing processes highlights the company’s dedication to best practices and upholding the highest levels of security, transparency, and user experience.
BMM Testlabs implemented a comprehensive 360-degree evaluation of vital operational elements, including user account management, platform interaction, and security. Grupo Aposta Ganha’s systems officially meet the standards for operating within a regulated market, reflecting both international best practices and the specific requirements of Brazil’s regulatory environment.
Grupo Aposta Ganha CTO, Rony Silva, added: “Securing these three certifications showcases our relentless commitment to meeting all the requirements stipulated by the regulator. As a company, we’re passionate about offering our customers the highest levels of compliance and safety. Our certification is part of our greater mission of embracing the evolution of good practices that have been built collaboratively to meet the Brazilian market’s unique position.”
Compliance Updates
Koi Nation of Northern California Casino Plan Meets Requirements of Indian Gaming Laws
The Koi Nation of Northern California is in full compliance with the Indian Gaming Regulatory Act’s “Restored Lands Provision” in the tribe’s pursuit of the Shiloh Resort & Casino project in unincorporated Sonoma County, California.
“The promise of the Indian Gaming Regulatory Act’s “restored lands provision” was to remedy the tragic history of forced removal and relocation by allowing restored lands to be utilized for tribal gaming. Like it or not, a rigid set of rules exists to qualify for this provision of federal law — and we’ve dutifully met them all,” said Darin Beltran, Chair of the Koi Nation of Northern California’s Tribal Council.
The Koi Nation’s ancestors relocated to Sonoma County after rejecting the Bureau of Indian Affairs’ offer of a Rancheria in neighboring Lake County in 1916 that the agency itself deemed uninhabitable. This tragic series of events rendered the Koi Nation landless and led to the improper termination of its federal recognition status, ending its ability to pursue gaming through the same rights afforded to all other federally recognized tribes.
The Koi Nation’s federal recognition status was finally restored in 2000, and a 2019 ruling in a case overseen by the Chief Judge of the U.S. District Court of the District of Columbia, Beryl A. Howell, recognized the tribe’s ability to pursue gaming through the “restored lands provision”.
“This unique provision of federal law allows tribes restored to federal recognition status, such as the Koi Nation, to pursue gaming according to strict statutory and regulatory requirements,” Beltran said.
These requirements include the demonstration of a “significant historical connection” to the site of proposed gaming projects.
In its filing for a restored lands opinion, the Koi Nation methodically details the tribe’s deep ties to Sonoma County. These include their ancestors’ well-regarded roles as Sonoma County Native American political leaders who advocated for 1928 federal native claims legislation, Native American social rights and community organization with other Pomo tribes, and voters for the tribe’s organization under President FranklinRoosevelt’s Indian Reorganization Act of 1935.
“Since that time, the center of Koi Pomo life – and death – has been in Sonoma County. Our application is in full compliance with Indian Gaming Regulation Act’s restored lands provision,” said Dino Beltran, Vice Chair of the Koi Nation of Northern California’s Tribal Council.
The Koi Nation’s strong historical connection to Sonoma County was recently supported by an opinion piece published by the project site’s local paper of record, the Press Democrat.
Additionally, the largest native American news publication in the US, Indian Country Today, published an opinion piece supporting the Koi Nation’s utilization of the restored land provision in the face of recent opposition.
The publication of these two pieces demonstrates that the opinions contained therein are significant not just in the region surrounding the proposed Shiloh Resort & Casino project, but for all of Indian country throughout the US.
Canada
Jackpot Digital Receives Approval from the Saskatchewan Liquor and Gaming Authority
Jackpot Digital, a leading manufacturer of electronic multiplayer dealerless poker tables, has announced that it has received approval from the Saskatchewan Liquor and Gaming Authority (SLGA) to act as a registered supplier of gaming supplies and services to regulated casinos in the Canadian province of Saskatchewan.
The approval follows the Company’s news release dated February 6, 2024, announcing the signing of a licensing agreement with the Saskatchewan Indian Gaming Authority (SIGA) to install the Company’s Jackpot Blitz dealerless poker ETGs into SIGA casinos.
SIGA operates seven casinos and Playnow.com in Saskatchewan. At the outset, SIGA proposes to install Jackpot Blitz machines at its Dakota Dunes and Gold Horse Casino properties, located in Saskatoon and Lloydminster, respectively.
Jackpot CEO Jake Kalpakian said: “We are excited to receive approval as a gaming equipment supplier in Saskatchewan. This represents the first major jurisdictional, non-tribal license received by Jackpot during our continuing expansion into the land-based casino market. We have many more license applications underway in the US and other Canadian provinces, which will dramatically impact our ability to accelerate the rollout of Jackpot Blitz across North America.”
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