Questions, questions, questions – frequently asked.

August 18, 2019

The Pope County Majority (PCM Facebook group is rather large.  There are some of us who are on it quite a lot. Others, though, only see posts in their Facebook  feed.  Some don’t look at Facebook very often.  We also have had a lot of new people join us.  Heck, we’re all new here – this group has only been going since the middle of June.

We see some of the same questions asked again and again.  They may be new to the person asking, but, well, often we’ve seen them before and tried to answer them before.

This site and page isn’t part of Pope County Majority.  My intent is that it complement what has been going on with the group.  I hope that group members will use it and that they will provide feedback if I get something wrong.

Comments: I have comment turned off intentionally.  All of my online dialog about the casino is on PCM.  I don’t want the added distraction of moderating comments here.

Work in progress:  I hope to be adding and editing this as I can, when I see new material and when I get PCM feedback on needed editing.

Questions and Answers

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 their 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 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)

When were the Racing Commission Casino Gaming Rules approved?

Racing Commission rules must be approved by the Legislative Review Committee. Any rules promulgated before that time are preliminary and NOT in effect until after approved and properly filed.
 
Arkansas Casino Gaming rules were approved by the Racing Commission on February 21, 2019.
 
The Legislature’s Joint Budget Committee’s Administrative Rule & Regulation Review Subcommittee approved the rules on February 25. The document then was required to be filed with the secretary of state’s office.
 
Racing Commission Casino Rules became effective 10 days after the date on which they were filed with the Secretary of State. Amendment 100 required that the rules be be effective no later than March 12.

It’s not a letter, it’s a resolution.

Amendment 100 requires casino applicants to provide a letter of support from the County Judge or a resolution of support from the County Quorum Court.  If the casino will be inside the city limits, then a letter of support is also required from the Mayor.

Ben Cross did not provide a letter of support for the casino. As the presiding but non-voting county official, he signed a resolution on August 13, 2019 that a majority of the Pope County Quorum Court passed supporting Cherokee Nation Businesses, LLC.

Now Therefore Be it Resolved that the Pope County Quorum Court grants and expresses its support for a casino application to be submitted by the Cherokee Nation Businesses, LLC/Legends Resort and Casino, LLC to build and operate the Legends Resort and Casino in Pope County, Arkansas.

Why is the Arkansas Racing Commission casino application period open for 90 days?

At the August 15th, Racing Commission meeting, the racing commission attorney, Byron Freeland said. “The purpose for the 90 days was to give everyone a chance to get in front of the quorum court, the county judge, the mayor so we wouldn’t hear that we were shut out.” Freeland also said, “This would give everybody time to get in front of those bodies and determine if they can get a recommendation and submit an application.”

Can “the letter” be changed to someone else?

A new support document could be written, but it is highly unlikely.

Can Russellville endorse a different casino?

The County Judge or Quorum Court must supply a support document for any casino that wants to come into the county, even if it’s inside the city limits. If the applicant wants it to be inside city limits, then and only then is a letter from the mayor required. None of the applicants were interested in being inside the city limits.

What about the $50 million upfront money in the proposal?

The rumor reported in the media prior to the August 13th Quorum Court meeting was up to $50 million. The actual Economic Development Agreement has one-time fees totaling $38.8 million plus $2 million annually to a charitable foundation, $25,000 every two years to ATU Foundation for research, and an annual $100,000 to the Russellville Economic Alliance.

Can the Cherokees claim the Casino Land as a reservation?

While federal law has mechanisms for land outside of a reservation to be established as tribal land, this is prohibited for Legends Resort and Casino Arkansas.  Under the Economic Development agreement, Cherokee Nations Businesses, LLC, cannot make changes to the casino organization’s legal form,

(including changing the legal status of its wholly owned subsidiary as an Arkansas LLC), or any changes in the status of the Project site that would have the effect of eliminating or changing any of its responsibilities regarding the payment of taxes, assessments, levies, permit fees, or the like, to the State of Arkansas or any subdivision or agency thereof, or to Pope County or any of its subdivisions, municipalities or agencies thereof

What about dry county liquor restrictions?

Dry county regulations do not apply to Arkansas casinos for consumption at the casinos.

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

Info and Quick Links

An unofficial repository of material and links related to Pope County.

The blog is a reverse chronological compilation of posts, social media posts, and new ongoing material. Commenting is intentionally turned off.

Pope Count official website
Quorum Court—Justices of the Peace, phone numbers, and email
Association of Arkansas Counties website
Casino Gaming License, November 12, 2021
Amendment 100, Amendment 100.
Casino Gaming Rules of The State of Arkansas – Arkansas Racing Commission, effective the second week of March 2019
Economic Development Agreement between CNB and Pope County.
Arkansas Municipal League website
Russellville Stuff
Search Public Records—Use this to search for existing permits, plans, inspections, code cases, requests and licenses.
ReImagine Russellville 2040—September 2020, a narrative report on the Comprehensive Plan for Russellville. The plan serves as an official policy statement of the City of Russellville for directing growth and development within its city limits and planning area.

Litigation

  1. There are currently NO active cases related to the Pope County Casino. There have been 18 cases filed so far, including appeals:
    1. 58CV-18-768—Knight v. Gibson; filed 12-27-2018
    2. 58CV-19-439—CFABPC & Knight v Cross et al. filed 8-13-2019.
    3. 60CV-19-5832—Gulfside Casino Partnership v. ARC, filed 8-15-2019.  This was a judicial review of the ARC denial of Gulfside’s application.  Judge Tim Fox ruled in favor of Gulfside. This ruling was reversed and remanded by the Arkansas Supreme Court. Fox again ruled in favor of Gulfside.  The Arkansas Supreme Court reversed his ruling and dismissed the case.
    4. 60CV-19-5858—Knight et al v.ARC, filed 8-15-2019
    5. 58CV-19-462—Gulfside Casino Partnership v. ARC, filed 8-22-2019. A week after 60CV-19-5832 was filed in Pulaski County, Judge Tim Fox said the proper venue was Pope County and sent it there, where it was filed under this case number. Judge William Pearson found that the proper venue was Pulaski County.  The case was returned to Pulaski County, where it was refiled under the original case number and Judge. filed 8-22-2019
    6. CV-19-968—Gulfside Casino Partnership v. ARC, filed 12-23-2019
    7. 60CV-19-9172—CFABPC & Knight v. ARC, filed  12-27-2019
    8. CV-20-145—CFABPC & Knight v Cross et al., filed 3-2-2020
    9. CV-20-211—CNB v. Gulfside, filed 4-2-2020
    10. CV-20-438—CNB v. ADFA, filed 7-8-2020
    11. 58CV-20-429—Cross et al. v. ARC, filed 10-13-2020
    12. 60CV-21-1217—Legends et al v. ARC et al., filed 2-16-2021
    13. 60CV-21-1653—Gulfside v. ARC, filed 3-09-2021
    14. CV-21-289—CNB v. Gulfside, filed 6-28-2021
    15. 60CV-21-7742—Goodin v. ARC, filed 12-7-2021
    16. CV-23-50—Legends v. Gulfside, filed 1-26-2023
    17. CV-23-541—Knight v. ARC, filed 8-11-2023
    18. 60CV-23-7266—Goodin & Thone v. ARC, filed 9-25-2023

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Your voter registration information at Arkansas Secretary of State website: address, party association, ballot statuses, and polling place locations – also all of the districts that are applicable for your location.

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Arkansas Department of Transportation

I Drive Arkansas, traffic conditions, traffic cameras, etc.

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Arkansas Codes

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Arkansas Constitution

Article 5 § 1 – Initiative and Referendum–“no local legislation shall be enacted contrary to the Constitution or any general law of the State, and any general law shall have the effect of repealing any local legislation which is in conflict therewith.
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Legends Resort & Casino | Arkansas

Other Miscellaneous Stuff