Rush Street must think we are all pretty stupid

. . . or, don’t care about the facts or taxpayers

. . update (June 19, 2019): They’re at it again; see “Not again, Mr. Steck!

emptypockets Rush Street Gaming’s billionaire CEO/Owner Neil Bluhm is back walking the halls of the New York State Legislature trying to get a tax break for their Rivers Casino at Mohawk Harbor. [See “Schenectady casino seeks lower tax rates: Tax credit floated as relief” (Albany Times Union, by David Lombardo, March 29, 2019); “Rivers Casino takes another crack at a tax cut: Schenectady facility says highest tax rate among New York casinos puts it at a disadvantage” (Schenectady Gazette, March 28, 2019)].

openpalmgThey are again whining about the unfairness of the gaming tax structure, and have bolstered their specious arguments with a flood of misleading statements about their new competitor, MGM Springfield. They are also acting as if an Advertising Allowance tax credit is not a tax break. [follow-up (April 14, 2019): According to the Sunday Gazette, Rivers Casino just had its best month ever, but continues its whining and seeking tax breaks.]

Below is the slightly edited text of an email that I sent to members of the media this afternoon (Friday, March 29), in the hope that the press will dilute Mr. Bluhm’s Casino Chicanery with facts, and that our Legislators will care about the facts. It has been supplemented with arguments against the Marketing Allowance.

MGMSpringfRevs . . Left: MGM Springfield Tax Revenue Report . . 

Email Message

Rush Street Gaming is again seeking tax cuts from Albany for its Schenectady Rivers Casino, using misleading information and half-truths, plus a boatful of whining. 

 
Here are the facts:
When it applied for a casino license in July 2014, Rush Street Gaming knew:
  • The gaming revenue tax on a Capital Region casino, as stated in the 2013 enabling legislation,  would be 45% on Slots and 10% on all other gaming revenue, with lower rates on slots in other Regions (that had less population density, fewer economic resources, and more competitors, i.e., racinos, Indian and Canadian casinos).
  • MGM Springfield had received its license in June 2013 and was planning to build a spectacular casino resort on a bend of the Connecticut River, in the historic and cultural center of Springfield.
  • The gaming tax in Massachusetts would be 25% on all casino gaming revenue proceeds (slots and table games).
  • There might be a second full casino in western Massachusetts (but that has not happened).
 
Rivers says that this unfair rate differential has lowered its Slots income, however:
  • In the six full months since MGM Springfield has been in operation (Sept. 2018 through February 2019), Slot GGR at Rivers Casino has increased 10.4% over the same months the prior year,  from $46,090,049 to $50,902,095. See Monthly Reports
Rivers says its unfair tax burden makes it impossible to fairly compete with MGM Springfield, and they need a slots tax rate below 40%, but:
 

From Sep 2018 through Feb. 2019, Rivers paid approx. $24 million in Gaming Tax, that equals a blended 34% gaming tax on its Total GGR. See Rivers Casino Monthly Financial Reports. While, from Sept. 2018 through Feb. 2019, MGM Springfield paid approximately $33 million in Gaming Tax, 25% of Total GGR.  See MassGaming Revenue Report on MGM SpringfieldHOWEVER, 

red check Rush Street is not mentioning that, under its Host Community Agreement with Springfield: 

  • MGM Resorts paid upfront and advance payments, totaling $15 million to the City of Springfield during the construction phase including pre-payment of taxes for general city purposes as well as:
    • $2.5 million to purchase equipment and to provide training for police, firefighters and emergency medical services personnel.
    • $1 million to redevelop Riverfront Park.
  • Big$Jackpot Once opening for business, MGM Springfield must make more than $25 million in annual payments to the City. This includes $17.6 million in lieu of tax payments as well as, among other things:
    • $2.5 million to fund operating and other costs for police, firefighters, emergency medical services and education.
    • $2.5 million for a Community Development Fund to be administered by the city to support early childhood education, higher education, libraries, health initiatives, and the betterment of the city and its residents.
  • And, other $50 million coming up: Just last week, MGM Springfield reported to the Mass. Gaming Commission  that it intends to invest in the proposed $55 million redevelopment of the long-vacant Court Square hotel building in downtown Springfield as part of an obligation to build housing within one-half mile of its resort casino. See WAMC Report.

See the MassGaming 4-page Summary of Springfield HCA, for the amazing array of extra obligations MGM Springfield has undertaken while Rush Street just pays what it has to pay under the 2013 Legislation. 

exclamationpoint
 It should be clear that the Massachusetts gaming tax structure intentionally took into account the obligation of any casino applicant to negotiate an HCA or Mitigation Agreement with the host municipality, with its consequent large financial obligations over and above the State gaming revenue tax.
.
RIVERS CASINO never entered into an HCA with the City of Schenectady, as Mayor Gary McCarthy refused to negotiate for one, as did Metroplex Chair Ray Gillen. It paid no upfront money during construction, and no economic development funds for the community. (see our posting “answering Mayor McCarthy on HCAs“, June 28, 2015)
  • NYS Assemblyman J. Gary Pretlow (Dem., Mt Vernon), the Chair of the Assembly Standing Committee on Racing and Wagering, has been insisting that Rivers Casino offered to pay an “exorbitant” amount over the mandated gambling revenue tax, and should now be given a break. However, Rivers pays exactly the amount called for in the 2013 Legislation, under which it would have to pay more if it had offered to do so as part of its Application. Instead, The Report and Findings of the New York Gaming Facility Location Board (Feb. 27, 2015, at 261) specifically states in the section captioned “Maximizing revenues received by the state and localities. (§ 1320(1)(b))”, that:  “Rivers does not propose a supplemental tax payment or increased license fee.”
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MGMSpringfield-rend2 . . . MGMSpringfield-render
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above: the $960 million MGM Springfield Casino Resort; below: the $340 million Rivers Casino at Mohawk Harbor (front entrance on R, rear and hotel on L)
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MHrailing14Oct2018 . . Rivers08Feb2018

 

WHY DO PEOPLE TAKE BUSES TO MGM Springfield?

  • CasinoBusTripMRM Resorts spent $960 million to build a spectacular, true destination casino, in a bustling, interesting neighborhood
  • Rush Street, after bragging that it builds spectacular international destinations in its Applications, spent merely $320 million at Mohawk Harbor, and has produced, at best, a homely, mediocre regional casino, which targets and predominantly attracts local residents and perhaps those living within a 60-mile radius
  • By failing to insist on a true destination casino, Schenectady’s Mayor, City Council majority and Planning Commission, and the County’s Metroplex and Legislature, condemned our City to a mediocre Casino that will be constantly failing to meet its bloated projections and wanting tax breaks. See, e.g., our posting “casino choices in Upstate New York: who will choose Schenectady?” (January 19, 2017)

920x920 Exactly a year ago, we were in the same situation, waiting to see if the rush to the Legislative Budget Deadline (April 1), would bring with it a budget that included casino tax breaks. See “bum’s rush needed” (March 28, 2018). We were pleased at the time that Gov. Andrew Cuomo did not favor casino tax breaks. Also, the Gazette Editorial Board wrote a piece entitled “Editorial: No state financial deals for casinos”  In addition, on Sunday March 30, 2018, the Times Union editorial board weighed in with “Editorial: Say no to casino subsidies“, which included the nifty illustration by Jeff Boyer that is at the head of this paragraph.

SteckAtRiversCasino

Phil Steck at Rivers Casino

 Marketing Allowance? For some reason, we are supposed to believe that a Marketing Allowance is not a tax break, although it would reduce River Casino’s gaming tax burden by 10% of the Casino’s marketing expenses. Last year, we noted on this topic that: “In the TU article “Casino seeks state help in marketing” (Sept. 29, 2018), Assemblyman Phil Steck is far from elegant defending Rivers Casino request for a 10% marketing allowance reduction in its gaming tax obligations to the State”:

“It’s not saying, ‘State, come in and give us money’; it’s saying, ‘We believe we need to expand the market for our product, we need an allowance for marketing,’ and I think that’s a reasonable position for a business to take,” said Steck, a Democratic lawmaker from Colonie, of the request by the Schenectady casino, which is located on the former Alco site on Erie Boulevard.

“What they’re saying is, ‘If we spend 10 cents on marketing instead of giving you 100 cents on that dollar, we’re going to give you 90 cents,’ and that makes a lot of sense because if the total amount of revenue expands as a result of their marketing effort, the state’s going to make more money anyway and so will the city,” Steck said.

Steck-Golub-McCarthyatCasino Assemblyman Steck apparently still supports such a Marketing Allowance, if it brings in more revenue, but does not demonstrate how that would happen.  As I noted last year in correspondence with Mr. Steck, Rivers Casino already does a lot of advertising and marketing (a rather basic expense for doing business in a capitalist market), and if doing more would increase its revenue in any way, it would be doing just that. Moreover:

  1. DSCF4456Much of Rivers’ marketing appears to be aimed at bringing in non-gambling customers to the Casino complex and Mohawk Harbor. That business (drinking, dining, conventions, fight shows, concerts) does not add to Rivers’ gaming tax obligations (45% on slots, 10% on table games and poker). Instead, it merely increases profits for the Casino and its business associates, and generates the much lower taxes based on food and similar sales taxes (often “cannibalizing” the business of other local businesses).
  2. DisoverySchyCasino.jpg Rivers Casino is already a major beneficiary of the County’s Tourism Bureau and Discovery Schenectady programs for gaming and convention programs.
  3. MohHarb30ftPylonMohawk Harbor was allowed to put a giant shopping-mall style 30′ high by 18′ wide pylon sign, that looms over Erie Blvd. at a location that normally would permit only a 7′ high sign under our Zoning Code. In permitting the sign, after literal begging for the favor by Metroplex Chair Ray Gillen, the Board of Zoning Appeals reversed a decision it had made just weeks before. The pylon sign contains a large LCD screen that changes message every 8 seconds; safety-conscious cities and planners discourage such distractions so close to a busy intersection. Isn’t this quite enough favoritism at the expense of the public interest for Mohawk Harbor and its Casino tenant?

Phil Steck balked when I called him “the Assemblyman from Mohawk Harbor” last year. But, I cannot imagine the normally-thoughtful Mr. Steck offering even his current conditional support for the Marketing Allowance, were Mohawk Harbor not in his Assembly District.

 

. . share this post with this URL: http://tinyurl.com/WhiningRivers

RiversCasino-eastentrance

. . many locals believe this northeast Harbor Way entrance to Rivers Casino, with its utility bollards, parking garage, and Hotel, is the more attractive (and far less tacky) view of the Casino . . 

bum’s Rush needed

. . “get dose bums outta here!” . . 

 And, so it begins: “Rivers, Del Lago casinos ask state for better terms: All four non-Indian casinos in state are missing their financial targets” (Schenectady Daily Gazette, by John CropleyMarch 28, 2018):

 Little more than a year since their grand openings, two of New York’s four non-Indian casinos are asking the state for financial help.

Rivers Casino & Resort in Schenectady and Del Lago Resort and Casino in Seneca County are both making their cases with state lawmakers as the negotiations for the 2018-2019 state budget wind down to the final hours in Albany.

Details on their requests are elusive and, given the secretive nature of deal-making in the Capitol, quite possibly subject to change or outright rejection.

. . . Details were likewise hazy on the request by Rivers.

 A New Jersey public relations agency working for Rivers said there would be no comment on the matter.

A lobbyist reportedly working for the casinos did not return a call seeking comment.

. . . However, Assemblyman Phil Steck, D-Colonie, whose district contains Rivers Casino & Resort, said he has been given a rough idea of what Rivers is requesting, and said he endorses it.

Trying to save Schenectady’s Lady Liberty from pols and pirates is monopolizing my time again today, so I can’t go into detail about taxpayers getting the Bum’s Rush from Rush Street, but it probably makes more sense to see what, if anything, is done with their request. [see update below: Cuomo won’t play]

Here is what I said in a comment at the Gazette article:

 On July 14, 2014, we asked at the “Stop the Schenectady Casino” weblog: “How big of a gamble are the casino cheerleaders willing to take?. . . Does the shiny future they predict for Schenectady include the sight of a failing casino project along Schenectady’s riverfront and the inevitable request for tax breaks and financial assistance that we can expect once gaming revenues shrink along the Mohawk? [see https://tinyurl.com/unpromisingCasino ]

When Rivers hired Rob Long as its new General Manager last December, we also noted that Long had guided the development and opening of Rush Street’s very first casino, Riverwalk in Vicksburg, Mississippi. Rush Street sold that Casino in 2012, just four years after it opened, and after failing in their request for a 60% reduction in their property tax assessment. Have Rush Street and Galesi Group drawn up their tax assessment challenges yet? Are they looking for a buyer? What will Mr. Steck do for them next?

In addition to checking out https://tinyurl.com/unpromisingCasino, see “casino projections vs. casino reality” and links therein. Stay tuned, and watch out for those pick-pockets and Rushing Bums.

red check update (4 PM, March 28, 2018):  See “Cuomo says he is not interested in bailing out casinos” (State Of Politics. March 28, 2918). Article also has letter from State Senator Micheal Ranzenhofer, wanting help for existing casinos hurt by creating del Lago Casino, not for del Lago.

[8PM update] See “Cuomo: No bailout for Rivers, del Lago casinos” (Gazette, John Cropley, March 28, 2018).

There are many others in this state that aren’t getting what they need and that deserve more money from the state — many others in severe need through no fault of their own.

The casinos don’t fall into that category, and state lawmakers shouldn’t cave in to their appeals.

[March 29 update:] In the TU article “Casino seeks state help in marketing” (Sept. 29, 2018), Assemblyman Phil Steck is far from elegant defending Rivers Casino request for a 10% marketing allowance reduction in its gaming tax obligations to the State:

“It’s not saying, ‘State, come in and give us money’; it’s saying, ‘We believe we need to expand the market for our product, we need an allowance for marketing,’ and I think that’s a reasonable position for a business to take,” said Steck, a Democratic lawmaker from Colonie, of the request by the Schenectady casino, which is located on the former Alco site on Erie Boulevard.

“What they’re saying is, ‘If we spend 10 cents on marketing instead of giving you 100 cents on that dollar, we’re going to give you 90 cents,’ and that makes a lot of sense because if the total amount of revenue expands as a result of their marketing effort, the state’s going to make more money anyway and so will the city,” Steck said.

The article continues, making Steck sound rather conflicted:

“While Steck declined to call the request by Rivers a bailout, he conceded he is not a big fan of casinos, arguing they are a tax on the poor and middle class.”

Moreover, good luck figuring out what State. Senator Jim Tedisco is thinking:

State Sen. Jim Tedisco, R-Glenville, said that since Cuomo “has seemingly closed the door to any tax adjustment,” he believes “a more plausible approach would be to ask for marketing assistance with also a good portion to go toward property tax reduction for Schenectady and surrounding communities.”

  • TUJBoyerTaxGamble update (March 30, 2018): The Times Union editorial board weighed in this morning with “Editorial: Say no to casino subsidies“, including a nifty illustration by Jeff Boyer [click on the thumbnail to the left]. It notes which of our representatives are for and against such handouts, and concludes:

All the signs were there years ago that the casino expectations and promises, especially upstate, were overblown. Now that those warnings are proving true, these enterprises seem to hope New York will behave like a classic loser who digs deeper into his pockets in the hope of a winning hand. There’s a gambling term state leaders would do well to learn: Pass.