Recent Arkansas Casino Gaming Rules revisions are progressing through the approval process.
On Wednesday, the first day of the 2025 General Assembly’s fiscal session, the Joint Budget Committee’s Administrative Rule Review Subcommittee reviewed and approved the revised rules.
The rules were then sent to the full Joint Budget Committee.
If that committee approves the revised rules, they will be submitted to the Arkansas Secretary of State, going into effect ten days after that submission.
Spokesman Scott Hardin said, “The Pope County license remains a priority for the (Racing) Commission… We anticipate a meeting will be called soon to address next steps in the process.”
Those next steps will include a public notice that the Racing Commission will accept applications for the Pope County casino. The notice will include start and stop dates for a 30-day application period, the criteria that applicants will be evaluated against, and the number of points each merit criterion will be worth.
The applicant(s)
Any casino operator submitting an application for the Pope County Casino must either have a letter of support from the Pope County judge or a resolution of support from the quorum court. If the casino is to be built within the limits of a city, then an applicant must also provide a letter of support from the mayor.
Cherokee Nation Entertainment (CNE) will submit an application to build and operate Legends Resort and Casino, Arkansas. CNE has a letter of support from Judge Ben Cross and a resolution of support from the quorum court.
While other entities want to submit an application, none will receive a letter of support from Judge Cross or a resolution of support from the quorum court.
Gulfside Casino Partnership and Churchill Downs are two of the other entities seeking a letter or resolution that would qualify them to submit an application.
A ballot measure
On March 20, Attorney General Tim Griffin certified ballot language for a proposed constitutional amendment that would remove Pope County from Amendment 100, making casino gaming illegal in Pope County as it is in all but 3 other counties.
The Local Voters in Charge ballot question committee (BQC) must collect and turn in 90,704 valid signatures of registered voters, including at least specific numbers of signatures from each of 50 of the 75 counties in the state.
Many believe this will be difficult for the BQC to accomplish, even though it is heavily financed by the Choctaw Tribe of Oklahoma. Some sources say they may spend as much as $10 million on the effort. Thus far, funding from Choctaw has been reported as $250,000.
License voided
In January 2023, 4½ years of litigation between Gulfside Casino Partnership and the Arkansas Racing Commission ended when the Arkansas Supreme Court denied a petition for a rehearing.
The Court had affirmed a ruling by Pulaski County Circuit Judge Tim Fox that voided the license held by Cherokee Nation Businesses, LLC, and Legends Resort and Casino, LLC.
Fox’s ruling held that the Arkansas Racing Commission had erred when it awarded the license to two entities when Amendment 100 states that a license can only be held by a single entity and that Legends didn’t have the prior casino experience required by the Arkansas Constitution.
Cherokee Nation Entertainment will submit the sole application with the required local support documents.
Cherokee Nation Entertainment is a subsidiary of Cherokee Nation Businesses that operates ten casinos in Oklahoma and one in Mississippi, among other things. This satisfies the casino experience requirement.
Litigation
There is no current litigation in the way of the casino’s progress.