betting on sports betting?

RiversSportsbookOpen 

We’ve been quiet here at Snowmen At The Gates about sports betting since our post in May 2018, when the U.S. Supreme Court opened the way for all states to authorize sports betting. A couple weeks ago, Rivers Casino at Mohawk Harbor became the first facility in the State of New York to offer legalized sports betting at its Rivers Sportsbook lounge. [see Times Union coverage, and the Gazette article, July 16, 2019]

upstatenymap2019Having succeeded in keeping all but full-fledged casinos out of the sports betting game in Upstate New York for now, Rivers Casino is secure in the knowledge that its nearest competitors will be Resorts World International Catskills (123 miles away); del Lago Casino (156 miles away); and Tribal casino Turning Stone, in Verona, which is 97 miles away (see: “Turning Stone sports betting opens” (Syracuse.com, August 1, 2019, by Ben Coin).  

  • As a racino, Saratoga is not permitted to offer sports betting under the current NYS law.
  • What about Tribal Casinos, such as Turning Stone? Tribal Casinos are not included in the new sports wagering rules, but “tribal casinos in New York have legal reciprocity to offer any gambling games allowed at the state’s commercial casinos”. See LegalSportsReport] Earlier this year, the Oneida Nation announced that it is working on receiving the needed approval by the National Indian Gaming Commission for a partnership with Caesars Entertainment to offer sports betting at its three NYS casinos. And, Follow-up: Sports Betting opened at Turning Stone Casino on August 1, 2019. See NYCentral, July 31, 2019..

OpeningDayTUpic

Being slow learners, or good actors, our local pols have been brimming with optimism about all the new business and revenue, and tourism, sports betting will bring for Schenectady (City and County) and the State. [photo detail to the left by Paul Buckowski, Albany Times UnionNaturally, beyond the usual hyperbole and uncertainty of any wagering projection, no one has mentioned what will happen if existing Rivers customers substitute Sports Wagering (taxed at 10%) for their Slots betting (taxed at 45%), the only form of casino betting at Rivers that has been growing since its first year of operation; or, if they simply spend time at the Sports Lounge that would have been spent at the Tables.

Rivers Casino has apparently spent a million dollars preparing its 5000 square foot Sports Wagering Lounge. We now have figures for the first two weeks of Sports Wagering at Rivers Casino, as shown in this screen shot compilation, from the Rivers Casino weekly reports to the NYS Gaming Commission [click on the image for a larger version]:

Rivers-Sports-2wks

I have no idea whether the total of Sports Wagering for the first two weeks, $260,334, should be considered large or small; I do not think Rivers/Rush Street gave any public projections. But I will note that the two weeks included two very successful Saturday evening Harbor Jam concerts at Rivers Casino and the Mohawk Harbor Marina, creating the potential for thousands of the curious to check out the Sports Wagering Lounge.

Just looking at the numbers, I do see that:

  • plungegraphsmSports Betting Week 1: $168,743.
  • SB Week 2: $91,591
  • Week 2’s Sports Wagering total was down $77,152, which is 45.7% lower than Week 1
  • Slots Revenue during SBWeek 2 was down $4,918 from the week ending 7/14/2019, the week prior to the launch of Sports Wagering at Rivers.
  • Table Game revenue during SBWeek 2 was down $401,697 — that is down 45% — from the week ending 7/14/2019, the week prior to the launch of Sports Wagering at Rivers. Table Game revenue had also gone down the first week of Sports Wagering at Rivers Casino.
  • $2,898,960, Total Gaming Revenue at Rivers Casino for SBWeek 2 (the week ending July 18, 2019) was the second worse figure in over five months at Rivers Casino.

lifepreserverOf course, two weeks may not tell us much. But, Rivers Casino certainly got a lot of publicity for the opening of Sports Wagering in New York State. Fans of legal sports betting might have been expected to rush over to Mohawk Harbor. So far, totals at Rivers Casino suggest less overall revenue and therefore lower tax receipts than prior to the New Age of Sports Betting. If your tummy is easily upset, I’d suggest some dramamine to deal with the Spin Tsunami that may be coming. On the other hand, when it comes to less-than-rosy news about Rivers Casino, we mostly get deafening Silence from Rush Street Gaming, Rush Street Schenectady, and their handmaidens at City Hall, Metroplex, and the County and State Legislatures. Their unwitting public relations departments at our local media tend to run out of words (and follow-up questions), too, when casino news is not good.

plungegraphsmYupdate (Aug. 9, 2019): According to the Rivers Casino revenue report for the week ending 08/04/19, Sports Wagering GGR for the 3rd week at Rivers Sportsbook was $25,386. That’s two-thirds less than its dismal 2nd Week, and a mere 15% of the Week 1 sports wagering take. Total GGR at Rivers Schenectady was up 13% last week over the prior week, with Table Game revenue up 43% and Slots revenue up about 7%.

  • For another perspective, see “Rovell: Sports Betting Launched in New York and No One Cared” (Darren, Rovell, TheActionNetwork, Jul 19, 2019). “Put all the shine you want on it. Have comfortable plush chairs and good lines, without mobile, and with hard to get to retail sportsbooks, it won’t make an impact.”

Our elected leaders at Schenectady City Hall, who love to call the Casino their Partner, were all too thrilled to support Sports Betting on the Mohawk. Not one word was said by the Democratic majority or the Mayor’s Office about the not insignificant chance that overall tax receipts could decline, even if Rivers Casino got more profitable. I, for one, have no interest in throwing the ones seeking re-election at this time a life preserver. The least they could do is demand that the projection numbers be crunched to see how the net receipts are likely to work out for the City and County. And, start thinking of the people of Schenectady as their partners, not the Mohawk Harbor Gang.

  • Also, to bring up a pet peeve of mine, Mr. Kosiur or Mayor McCarthy should insist that Rivers Casino tell us their overall Visitor numbers for 2018, which they have not yet done, despite being halfway through 2019. Around Schenectady, No News is never good news. It is more likely to be a cover-up of bad news.

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RiversDesPlainesPylon follow-up FYI (August 4, 2019): Capital Region media never mentioned it, but in March 2019, Rush Street Gaming sold 61% of its ownership of the Des Plaines (Ill.) Rivers Casino, the largest casino in Illinois, to Churchill Downs. That surely got Rush Street a powerful influx of cash, despite all its crybaby antics at the NYS Legislature seeking tax breaks. The folk at Rivers Casino Des Plaines have announced a very large plan to get into sports betting big time. See “Rivers Casino owner is betting big with plans to expand Des Plaines casino, add sports wagering and go after a new casino license” (Chicago Tribune, August 2, 2019, by Robert Channick)

SPORTS BETTING along the Mohawk (with updates)

 This morning, the U.S. Supreme Court overturned the federal Professional and Amateur Sports Protection Act, which dates back to 1992, and is known as PASPA.  PAPSA prohibited most States, including NJ and NY, from allowing sports betting. For a good analysis of the decision (understandable for the non-lawyer) see the premier weblog covering the Supreme Court, SCOTUSblog, “Opinion Analysis: Justices strike down federal sports gambling law“. The Court decision is called Murphy [as Governor of New Jersey] v. NCAA; click here for a pdf. version of the full opinion.

This website will surely treat this topic again, to see how it impacts NYS and especially commercial casinos such as Rives Casino at Mohawk Harbor. Two important points (and see the Red Check below for updated information from theTimes Union):

  • Under the current gaming law, only full casinos may offer sports betting once it is legal under federal law. They must get a specific license for that. “Racinos”, such as the Saratoga Casino, already have let it be known that they want a law letting them do it, too.
  • Under the current NYS Gaming Law, slot machine revenues at Rivers Casino are taxed at a 45% rate, and any other type of gaming revenues are taxed at 10%.  And, according to the Times Union, “State Senate Racing, Gaming and Wagering Committee Chair John Bonacic carries legislation that would  . . . impose a state tax of 8.5 percent on sports wagering gross revenue.” So, if Rivers Casino slots players move a significant amount of their money over to the Casino’s Sports Betting lounge, or another Sports Wagering location (including online offerings), tax revenues from Rivers may decline, despite more betting go on at the Casino. Naturally, Rivers Casino hopes to lure sports bettors into other parts of the Casino, adding to gaming revenues.

Before 11 AM today, the Albany Times Union put online a good, short explanation on the possible impact on NYS casinos and racinos, in “Supreme Court ruling opens prospect of NY sports gamblingFour major NY casinos may be able to offer sports books” (by David Lombardo, online May 14, 2018). Here are excerpts from the TU article: 

The state law that allowed commercial live-table casinos in New York included a provision authorizing wagering on sporting events if the federal law was found unconstitutional or changed. Casinos must have a license specifically to offer sports gambling and gambling on sports can only be offered in “lounge” areas at a casino.
. . . Under current law, gambling operators besides the commercial live-table casinos, such as NYRA, the Saratoga Casino Hotel and Capital OTB, would be shut out from offering sports betting. But legislation from Sen. John Bonacic, an Orange County Republican and chair of the state Senate’s racing committee, would allow those operators to act as affiliates to the casinos and offer sports wagering.
. . James Featherstonhaugh, a minority owner in Saratoga Casino Hotel, anticipated the state Legislature could begin working on legislation addressing sports gambling this week.
 “I would expect it to be a lively topic between now and the end of the legislative session,” he said.
red check update (May 14, 2018, 7 PM): The Times Union has updated its article significantly, changing its subheadline to “State legislature will likely overhaul gambling landscape”, and reporting that
  1. “Gambling operators and state legislators in New York are scrambling to craft a new regulatory framework”
  2. ” The state Gaming Commission must also adopt regulations and issue a sports gambling license before the casinos could offer sports wagering. That process will likely be preempted by the state Legislature and Gov. Andrew M. Cuomo. . .Cuomo, speaking to reporters in Manhattan on Monday, rejected the idea that sports gambling in New York could be rolled out using the broad framework crafted in 2013. He said a new law was needed if the state wanted to proceed with sports gambling.” “We’ll do an economic analysis and a legal analysis, but nothing’s going to happen this year because there’s literally just a number of days left in the legislative session and this would be a very, very big issue to tackle,” Cuomo said.
  3.  The only local player with the potential to offer sports gambling under current law is the Rivers Casino & Resort in Schenectady, which has been eagerly preparing for the Supreme Court decision, according to their parent company, Rush Street Gaming.”We look forward to adding sports betting across all our gaming platforms as soon as possible,” Rush Street Gaming CEO Greg Carlin said in a statement.
  4. State Senate Racing, Gaming and Wagering Committee Chair John Bonacic carries legislation that would allow for sports gambling on online platforms, impose a state tax of 8.5 percent on sports wagering gross revenue, collect fees for the operators of sports leagues, and authorize gambling on college sports.

follow-up (1 AM, May 15, 2018): The Schenectady Gazette put up a comprehensive piece online this evening. See “Sports betting legalized, will be added in Schenectady as soon as possible“, by John Cropley.  In the article, both Greg Carlin of Rush Street Gaming and Schenectady Mayor Gary McCarthy say they want to bring sports betting to Schenectady as soon as possible. In a comment to the Gazette article, I raised the same theme as above on the questionable size of any increase in overall tax revenues to be paid by Rivers:

[Comment by David Giacalone:] Mayor McCarthy is already counting chickens early and praying for golden eggs. If enough slots betting (taxed at 45%) is instead bet on sports (taxed at 5 or 8.5 or 10%), taxes paid by Rivers Casino to the State may amount to a lot less than expected, even if Rivers revenues rise. Grandpa and Uncle Joe might just head for the Sports Wagering Lounge at Rivers, leaving Grandma and Aunt Tillie at the slots; or, all four of them might decide that sports wagering can be a lot more stimulating than a slots trance. As a result, former slots players might generate a lot less tax revenue even though visiting Rivers Casino as often as before.

I know why Rivers Casino wants to start sports wagering ASAP, but I am not so sure why the Mayor of Schenectady is in such a big hurry.

  • In a related matter, in case you missed the news, as of May 4, 2018, Capital OTB now has a branch inside Van Slyck’s Bar at Rivers Casino.
update (July 17, 2018): David Lombardo of the Times Union Capitol Confidential Blog posted a piece yesterday afternoon titled “State looks to offer online sports gambling without new law” (July 16, 2018).  That position by the State Gaming Commission is contrary to Gov. Andrew Cuomo’s stated preference in May. Commission acting-Executive Director Ron Ochrym said to the board. “There are however, a number of thorny policy [areas] that staff have been considering, including whether the existing law can be read so as to authorize mobile wagering without new statutory enactments, and, if so, whether to limit the number of skins available.” The TU blog notes that the State law reads: “An operator shall accept wagers on sports events only from persons physically present in the sports wagering lounge”.
  • And see, “New York preps limited rollout of sports betting” (Times Union, August 8, 2018, by David Lombardo). “The state Gaming Commission is working on regulations that would make sports gambling available at New York’s four privately run full-scale casinos, including Rivers Casino & Resort in Schenectady.

    SlicingThePie “But beyond the casinos, sports gambling probably won’t initially be allowed at other wagering-industry operations, such as the New York Racing Association tracks or the Saratoga Casino Hotel. It’s also unlikely to be available on mobile platforms, according to state Sen. John Bonacic. . . .  It’s not clear when those draft regulations will be publicized, even though [Gaming Commission acting-Executive Director Ron Ochrym] said at the commission’s May meeting that they would be available ‘in the near term. The consensus of the gambling community in New York is that the commission is waiting for a green light from Gov. Andrew M. Cuomo to release the regulations.”

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BTW: Amy Howe’s analysis of Murphy v. NCAA for SCOTUSblog points out that:

Today’s ruling could also have a much broader reach, potentially affecting a range of topics that bear little resemblance to sports betting. For example, supporters of so-called “sanctuary cities” – cities that refuse to cooperate with federal immigration officials to enforce immigration laws – have cited the 10th Amendment in recent challenges to the federal government’s efforts to implement conditions on grants for state and local law enforcement. Challenges to the federal government’s recent efforts to enforce federal marijuana laws in states that have legalized the drug for either recreational or medical use may also be based on the 10th Amendment.