Why don’t the letters supporting Gulfside count?
Amendment 100 to the Arkansas Constitution stipulates:
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.
Amendment 100 also required:
Not later than June 1, 2019, the Arkansas Racing Commission shall begin accepting applications for casino licenses
The application period was from May 1 through May 31.
Applicants are required a supporting document with their application. Gulfside submitted its application on May 20, 2019. At that time, Judge Gibson and Mayor Horton had been out of office well over four months. They were not the county judge nor the city mayor at the time of application.
Though it is implicit in Amendment 100, in my view, the state clarified that in the Racing Commission’s Casino Rules and legislative action.
All letters of support or resolutions by the Quorum Court, required by these Rules and the Amendment, shall be dated and signed by the County Judge, Quorum Court members, or Mayor holding office at the time of the submission of an application for a casino gaming license. (page 11 of Casino Rules, AR Racing Commission)
A letter of support from the county judge or a resolution of support from the quorum court, and from the mayor, if appropriate, required under subsection (a) of this section shall be dated and signed by the county judge, quorum court, or mayor holding office at the time of the submission of an application for a casino license. (Casino Implementing Legislation, Act 371 of 2019)