Arkansas Racing Commission and Pope County Ordinance 2018-O-42

After watching the Appeal of Gulfside Casino Partnership from ARC Denial of Gulfside’s Application for a Casino Gaming License in Pope County video of the Arkansas Racing Commission meeting of July 18th, I transcribed Attorney Byron Freeland’s statement to the Commission concerning the Pope County Ordinance:

“Mr. Chairman, I wanted to make one thing clear, that the Arkansas constitutional amendment was passed by the state, takes precedence over any ordinance that was passed in Russellville, so our charge is to obey and provide for casinos and casino rules under Amendment 100.  The Pope County Ordinance has no validity as far as you’re concerned.”

Mr. Freeland has served as attorney to the Commission since 1975.

Patience.

Because this casino amendment is now written into the constitution, there's nothing stopping a casino from coming in later on in the future if the support is there.

Support (for the casino) is what we are all about at Pope County Majority (PCM), as I see it. We just have to be patient, keep on being positive, and spread the word.


Originally a Facebook post.

Bowie

While Bowie, sadly, is gone, imagine having some class entertainment here in Pope County.

A new official music video for David Bowie’s “Space Oddity” premiered Saturday to celebrate the 50th anniversary of both the 1969 single and the Apollo 11 moon landing.

“The video features never before released footage of David Bowie performing ‘Space Oddity’ at his 50th birthday concert at Madison Square Garden in 1997,” Bowie’s official website said of the new visual.

Pope County Majority

Facebook post

Quorum Court’s July 2018 Resolution on a Casino in Pope County.

One of the ways that a casino can demonstrate local “support” of its application is with a resolution from the quorum court.

I wondered what that really was and how much weight last July’s resolution carried where the quorum  unanimously voted against a proposed constitutional amendment that would allow a casino to be built in the county.

The Arkansas Casino Gaming Amendment of 2018

4. Licensing of Casinos and Casino Gaming.

(n) The Arkansas Racing Commission shall require all casino applicants for a casino license in Pope County and Jefferson County to submit either a letter of support from the county judge or a resolution from the quorum court in the county where the proposed casino is to be located and, if the proposed casino is to be located within a city or town, shall also require all casino applicants to include a letter of support from the mayor in the city or town where the applicant is proposing the casino to be located.

What is a resolution?

The determination or decision, in regard to its opinion or intention, of a deliberative or legislative body, public assembly, town council, board of directors or the like; also a motion or formal proposition offered for adoption by such a body. In legislative practice, the term is usually employed to denote the adoption of a motion, the subject matter of which would not properly constitute a statute; such as a mere expression of opinion; an alteration of the rules; a vote of thanks or of censure, etc. (The Law Dictionary)

So, as I understand it, last year’s resolution was a statement of the quorum court’s opinion, at the time.

The resolution reads:

Whereas, the issue of a constitutional amendment regarding a casino being in Pope County, Arkansas, will be voted on by the voters of the state of Arkansas in November 2018; and

Whereas, if the casino passes in a statewide election, but fails in Pope County, then the Quorum Court encourages the Pope County judge to not issue a “letter of support” to the Office of Casino Gaming.

Now therefore it be resolved by the Quorum Court of Pope County, Arkansas: That the voters of Pope County, Arkansas, in the November 2018 election should determine whether or not a casino is built in Pope County, Arkansas.

Nothing binding it that, I would say.

Net Casino Gaming Receipts Tax

The Arkansas Casino Gaming Amendment of 2018

Graduated taxation and distribution of proceeds.

(a) For each fiscal year, a casino licensee’s net casino gaming receipts are subject to a net casino gaming receipts tax as follows:

(1) 13% on the first $150,000,000 of net casino gaming receipts or any part thereof;

(2) 20% on net casino gaming receipts exceeding $150,000,001 or any part thereof;

(b) Each casino licensee shall be subject to the same income, property, sales, gross receipts, use, employment, and other taxation as any for-profit business located in the county and city or town in which the casino is located, except that no sales or gross receipts tax shall apply to casino gaming receipts or net casino gaming receipts.

(c) The net casino gaming receipts tax shall be distributed as follows:

(1) 55% to the Arkansas General Revenue Fund

(2) 17.5% to the to the Arkansas Racing Commission for deposit into the Arkansas Racing Commission Purse and Awards Fund to be used only for purses for live horse racing and greyhound racing by the Franchise holders, as the case may be, and then to be apportioned as set forth in section (e),

(3) 8% to the county in which the casino is located, and

(4) 19.5% to the city or town in which the casino is located, provided that the casino is not located within a city or town, then the 19.5% dedicated to the city or town shall go to the county in which the casino is located.

(d) On the last day of each month, the Treasurer shall transfer the 17.5% of revenues derived by the taxes levied under this Amendment referenced in section (c)(2) to the Arkansas Racing Commission to be distributed to the Franchise holders as follows:for the period prior to January 1, 2024,60% shall be distributed to the Franchise holder operating a franchise to conduct horse racing, and 40% shall be distributed to the Franchise holder operating a franchise to conduct greyhound racing; and for each calendar year thereafter, pro rata to the Franchise holders based upon the total respective amounts of each Franchise holder’s pari-mutuel wagering handle during each respective immediately preceding calendar year from wagers placed on and off-track on the Franchise holder’s live races (horse or greyhound, as the case may be) conducted at the Franchise holder’s licensed premises.

(e) On the last day of each month, the Treasurer of State shall transfer the other percentage allocations made in section (c) to the designated entities.

Casino Liquor Exempt from Dry County Rules.

Liquor Exempt from Dry County Rules.

The Arkansas Casino Gaming Amendment of 2018

7. Other operational provisions.

(a) Casino licensees are permitted to conduct casino gaming on any day for any portion or all of any day.
(b) Casino licensees shall be permitted to sell intoxicating liquor or provide complimentary servings of intoxicating liquor, only for on-premises consumption at the casinos, during all hours in which the casino licensees conduct casino gaming. To that extent, casino licensees shall not be subject to Ark. Code Ann. § 3-3-211, which prohibits the sale of intoxicating liquor on Christmas Day, and Ark. Code Ann. § 3-9-201, et seq. and other applicable Arkansas law requiring the residents of a dry county or city to vote to approve the sale of intoxicating liquor. Casino licensees shall purchase all intoxicating liquor from a Wholesaler. Casino licensees shall be subject to all other applicable Arkansas laws involving the distribution and sale of intoxicating liquor that do not conflict with any provision of this Amendment

Will not support casino

In January, The Courier had this: (paywall)

Harris wrote in an e-mail on Friday. “I stand resolved that I am opposed to a casino in Pope County and will not support a casino until the citizens of Russellville decide that a casino is wanted via special election of the Citizens of Russellville.”

Local Mayors meet with Gulfside Casino Partnership

Facebook post

On the Record

6 months ago, in a January 30th letter to The Courier Doug Skelton wrote:

I gladly go on the record to advocate for a Casino Resort Hotel to be built in Pope County.

What is being proposed here, in Pope County, is a Casino Resort Hotel by Gulfside Casino Partnership which creates a destination venue and offers a four diamond quality resort, fine dining, amphitheater for a music venue, gaming, pools and spas, millions in local tax revenue, $20 million dollar foundation for children who attend schools in Pope County, 1,000 plus good jobs with benefits, use of local workforce and vendors, all resulting from a $254 million dollar investment in this community and this doesn’t include the additional retail shopping and restaurants that will develop around the resort.

Read more in the article: (paywalled)

Letter: Casino, Pope County and taxes

Note: Skelton was serving as a Pope County JP at the time the letter wwas written

Facebook post

Twisted logic..

One of the people cited in an April 24, 2019, Courier article stated casinos were not a good source of tax revenue and although casinos created a significant number of jobs, there was a two percent decline in morality, including leading to social ills such as suicide, violent crime, auto theft and bankruptcy.

I thought that was a typo at first. After all, how do you quantify morality… how do you measure it? But then I looked at all the ills that were listed and realized that he was serious, but likely had twisted the original information, which was supposed to be from a 2012 Washington Post article.

Well, I found that 2012 article and the two percent decline was in mortality, not morality:

“A study by Maryland’s William Evans and Julie Topoleski that focused on Indian casinos found that they created a significant number of jobs. The ratio of jobs available to adults increased, on average, by 5 percent. This in turn lead (sic) to a 2 percent decline in mortality, as residents’ economic conditions improved.”

In other words, the subjects in the study lived longer because they had more jobs available.