Italy’s Custom and Monopolies Agency (ADM) has announced that starting June 1, 2024, new regulations will be enforced regarding bookmakers’ bonus management and the handling of palpable errors. This move addresses two significant areas of contention that have persisted since the regulated market’s launch in 2006.

New Regulations on Bonus Management

The ADM has established definitive rules through a specific decree on Bonus Management, detailing legislative criteria for the practical use of bonuses. These guidelines cover terms and conditions, payment methods, and the application of bonuses for ‘one-off’ tax purposes.

Under the current rules, Italian bookmakers face a ‘bonus limitation,’ restricting them from awarding more than a €100 bonus per customer on a fixed-odds wager. However, operators have expressed the need for a clear methodology to calculate the cost of these bonus rewards for tax and auditing purposes.

To address this, the ADM has clarified that “both the bonus used and any stake placed by the player will be included in the calculation of the amounts wagered and winnings paid.” This settlement aims to provide transparency and consistency in how bonuses are taxed.

Handling Palpable Errors

The ADM’s upcoming decree also introduces a regulated process for addressing palpable errors. These errors have historically led to numerous customer disputes, often requiring resolution through the legal system. The new rules aim to end such litigation by providing a systematic correction process.

Bookmakers are now required to submit a correction request through an application system, detailing the operator and the challenged odds. Upon approval, the odds will be recalculated based on the “market average, as determined through the national tote.” This new process is expected to streamline error corrections and reduce legal conflicts.

Ongoing Reorganisation of Italian Gambling

These new regulations operate independently of the broader ‘reorganisation of Italian Gambling’ currently undertaken by the Italian government. Recent developments in this reorganisation include the introduction of €7 million licenses for a nine-year term for online concessions, a significant increase from the previous €200,000 fee. This change is intended to reflect market dynamics dominated by major operators such as SNAI, Lottomatica, and Flutter Entertainment.

The Ministry of Finance (MEF) has endorsed the new fee structure to resolve long-standing legal disputes over licensing and to reduce the number of operators in the market. Additionally, the MEF is negotiating with Italy’s 20 regional governments and 100 municipalities to implement federal reforms related to land-based gambling venues.

These comprehensive reforms signify Italy’s commitment to refining its gambling regulations, ensuring a more transparent and consistent environment for both operators and players.

Source: “ADM settles Italy’s betting rules on bonus management & palpable errors”. SBC News. May 30, 2024.

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Coastal casino sites in Mississippi are once again in the sights of lawmakers, after a recent controversial project approval. RW Development, a company planning to build a casino on US 90 and Veterans Avenue in Biloxi, Mississippi, has been trying to secure approval from the gambling regulator in the state, the Mississippi Gaming Commission, for years.

After three unsuccessful attempts, RW Development secured site approval from the Commission in December. This was achieved after the company was allowed to build a pier at the end of Veterans Avenue. This strategic move enabled the company to secure the site approval from the gambling regulator. But the controversial approval captured the attention of lawmakers in the state, who filed a new bill that seeks to clear any inconsistencies and concerns in case other casino operators are interested in securing sites near the waterfront.

As announced by Sun Herald, the state’s legislators are currently reviewing a bill that seeks to clarify and change different provisions, ensuring clear rules are set for casinos interested in investments related to the state’s tidelands. Ultimately, the proposal seeks to outline a specific framework for the gambling regulator in cases similar to the recently approved license for RW Developments.

The proposal reiterates the currently established rules for casino projects on the state’s tidelands that require a minimum of 40,000 square feet of casino gaming space, along with restaurants and a minimum of 300 hotel rooms. Moreover, under the existing laws in Mississippi, such casino projects must boost the local economy and tourism as well.

Consistent Regulations to Protect the Environment, Encourage Investments

Under the proposal, SB 2780, Mississippi lawmakers seek to set clear lines when it comes to the authority of the state over Public Trust Tidelands. The proposal seeks to make it mandatory for casino licensees interested in tidelands projects to secure a tidelands lease via the secretary of state. Such licenses can also be subject to rent payable on an annual basis. The bill also seeks to clarify rules for cases related to Tidelands casino licenses that would not require annual rent.

The proposed bill is sponsored by the Senate Gaming Committee’s chairman, Sen. David Blount. “I am working with the Secretary of State’s office and every Coast casino operator on the bill,” he explained in a recent interview for Sun Herald. Additionally, Blount pointed out: “Now more than ever, we need to restore a consistent regulatory environment to preserve the sand beach and encourage further investment and improvements in the Coast casino market.”

Besides Sen. Blount, SB 2780 is sponsored by the Gaming Committee’s members, Jeremy England and Bryce Wiggins, along with Senators Philman Ladner and Mike Thompson.

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Across the globe, gambling operators enter into arrangements with individuals who help them bring high rollers to their casino floors. Companies that offer such activities are known as junket operators across Asia. In the United States, people who help bring high rollers to casinos are known as independent agents. It’s not a surprise that licensed gambling operators in Las Vegas, the gambling capital of the world, engage with independent agents who help them boost their business.

Usually, independent agents have ties with rich individuals and have access to incentives for their customers. Unsurprisingly, independent agents usually earn commissions based on individual clients they refer to casinos. Some agents work with multiple casino operators, in an effort to ensure the best experiences for their big-spending customers.

Now, a new report reveals that the gambling watchdog in Nevada approved changes to the regulatory framework for registered independent agents in the state. As announced by the Las Vegas Review-Journal, the Nevada Gaming Commission (NGC) greenlighted changes to Regulation 25 for independent agents that help bring high-roller customers to the state’s casino operators.

Previously, gambling operators had to submit mandatory quarterly reports revealing financial data regarding the independent agents they collaborate with. This requirement was later changed to annual reporting, before the most recent change. Under the new rules, licensed gambling operators would have to hold records for the activities of independent agents rather than submitting reports.

Per the change, licensees would have to be able to present the recorded data for the independent agents they work with. They will be required to keep such a record for a period of five years and present it in case of an inspection by the state’s gambling regulator.

Reducing the Regulatory Burden for Gambling Operators

The approved change effectively seeks to reduce the paperwork gambling operators are required to go through every year. Still, licensees would be required to keep on file information such as when they entered into a contract with an independent agent, when that contract end and how much was the agent paid.

According to Diane Presson, a supervisor with the NGC, there are more than 300 independent agents that are collaborating with casinos across Nevada. She added that some of those agents have active business-to-business relationships with multiple resorts at the same time. Finally, Presson pointed out that while the Commission will retain monitoring of the activities of independent agents, it has decided to leave this “at the property level” rather than requiring the operators to report those activities annually.

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In a significant move, the Department of the Interior has announced the finalization of federal rules affirming the legality of Florida-style “hub-and-spoke” tribal gaming compacts. These compacts, governed by the Indian Gaming and Regulatory Act, play a pivotal role in the economic development of Tribal nations and have been a focal point for negotiations between Tribes and states.

Updated Legislation Aims to Avoid Contentious Issues

The modifications to 25 C.F.R. Part 293, which governs the review and approval of Tribal-state gaming compacts, clarify the Department’s criteria when approving these compacts. This newest update aims to provide clear guidance on allowable negotiation topics between Tribes and states, eliminating ambiguity and streamlining the negotiation process.

Important terms related to gaming compacts have received better definitions, reducing potential areas of contention. The new regulations also explicitly outline when the Department must review a gaming compact, ensuring a more transparent and predictable review process. Assistant secretary for Indian affairs Bryan Newland remarked that the update upheld the government’s treaty and trust responsibilities to Tribal Nations.

A key part of that is our obligation to support Tribal Nations as they work to revitalize communities by opening businesses and creating jobs that strengthen their economic self-sufficiency.

Bryan Newland, assistant secretary for Indian affairs

These updated rules received extensive input from Tribal nations, with two listening sessions and seven formal consultation sessions held to gather insights and recommendations. Written comments from Tribes and the public further helped refine the new regulations, reflecting the Department’s commitment to collaboration and responsiveness to Tribal input.

Florida’s Troubles Proved the Need for Better Laws

The Department of the Interior’s drive to clarify tribal gambling regulations likely aims to avoid situations like Florida’s gaming compact between the Seminole Tribe and Gov. Ron DeSantis in Florida, which faced a prolonged legal battle. While the Seminole Tribe relaunched its Hard Rock Bets platform in 2023, the disruptions significantly hindered sports betting’s introduction to the Sunshine State.

West Flagler Associates, the party responsible for the lawsuit, openly questioned the Department of Interior, implying that the Seminole’s compact violated the law. The company’s latest legal maneuver was a writ of certiorari to the US Supreme Court, hoping to overturn the current verdict. If successful, the legal battle may extend into 2025, threatening the Seminole Tribe’s substantial investments.

With the new rules set to be effective 30 days after publication in the Federal Register, Tribal nations engaging in gaming compacts will benefit from increased clarity and certainty. The move aligns with broader initiatives under the Biden-Harris administration’s Investing in America agenda, which aims to deploy significant investments to help develop Tribal communities.

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New Jersey’s Supreme Court has ruled against Ocean Casino Resort, stating that the Atlantic City casino is not entitled to payouts from business interruption insurance for losses during the COVID-19 outbreak. Despite the operator’s claims, it has enjoyed positive financial results, successfully rebounding from the pandemic and maintaining its position as one of Atlantic City’s leading venues.

The Operator Failed to Present a Convincing Argument

The case involved Ocean Casino Resort’s claims against three insurance companies: AIG Specialty Insurance Co., American Guarantee & Liability Insurance Co., and Interstate Fire & Casualty Co. These insurers mostly denied payouts, asserting that the casino did not suffer direct physical loss or damage due to the virus. Ocean Casino Resort initially defeated an attempt by insurers to dismiss the case, but an appellate court later reversed that decision.

The New Jersey Supreme Court subsequently took on the case to settle the legal question of what constituted loss or damage. According to its unanimous decision, the company had to demonstrate a direct physical loss or damage to its property, rendering it unusable or uninhabitable. Since the aftermath of COVID-19 failed to meet this criteria, Ocean Casino was not eligible for a payout.

At most, it has alleged that it sustained a loss of business… because it was not permitted to use its property as it would otherwise have done.

New Jersey Supreme Court statement

This ruling aligns with decisions in various state and federal courts nationwide, which denied insurance claims related to business interruptions during the COVID-19 pandemic. Similar cases involved movie theaters in California, a real estate firm in Los Angeles, hotels in Pennsylvania, and a law firm in New Jersey.

Atlantic City Has Largely Moved On from the Pandemic

Despite Ocean Casino Resort’s claims, the high-profile venue has mostly recovered from the pandemic and is enjoying an impressive resurgence. November 2023’s financial results revealed that the casino posted $48.1 million in total gaming revenue in October, up 52.6% compared to the same month in 2022. 

Even without the insurance funds, Ocean Casino Resort is well-positioned to capitalize on gambling’s growing popularity in the USA. The region has achieved an impressive balance between land-based and online operators, allowing physical venues to focus on bettors seeking a more comprehensive leisure experience, particularly the VIP crowd. 

The New Jersey Supreme Court’s decision can benefit the sector in the long term, reaffirming US regulators’ overall stance on this matter. It is high time operators moved on from the pandemic to focus on the future, seizing new opportunities and focusing on providing customers with the best possible experience.

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The Australian Communications and Media Authority (ACMA) announced that it has found a number of operators guilty of breaching the country’s rules on gambling. As reported by the authority, the gambling companies in question used “Fast/Quick Codes” to facilitate in-play betting on sports matches.

Violators, according to the ACMA, included Entain’s Ladbrokes and Neds, bet365 and Sportsbet.

The ACMA reminded companies that in-play betting on sports matches is prohibited under the Interactive Gambling Act 2001, save for a few limited exceptions such as placing bets over the phone. However, in order for this exception to apply, a customer needs to provide their bet type, amount and confirmation via the phone call.

According to the ACMA, the aforementioned operators violated this rule by instead providing a Fast/Quick code option to customers. The codes in question embed the event, bet selection and bet type. Thanks to this, customers can just quote the Fast/Quick code to operators over the phone.

The ACMA Did Not Impose Further Sanctions

The ACMA explained that Ladbrokes and Neds, bet365 and Sportsbet all violated Australia’s rules on Fast/Quick Codes.

Ladbrokes and Neds (Entain), bet365 (Hillside) and Sportsbet (Sportsbet) in-play betting services were found to individually generate Fast/Quick Codes for each particular in-play bet when that bet was built by a customer via the service’s website or App – at least for the first customer.

ACMA statement

Australia’s communications regulator concluded that this betting information had been communicated via the website or app, rather than entirely via the phone call. As a result, the exception to the prohibition on in-play betting on sports matches did not apply.

In the wake of the investigation, all three operators in question have taken steps to make their Fast/Quick Codes compliant with the local rules. As a result, companies will only be able to generate such codes prior to the beginning of a sporting event, independent of customers selecting bets. These codes will be generic and the same for all customers, the ACMA added.

The ACMA acknowledged the three gambling companies’ quick reaction and decided not to impose sanctions.

Last month, the ACMA learned that the Seven Network Operations has breached the country’s gambling ad regulations. This was not the company’s first violation either, resulting in a penalty of $13,320.

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Sports betting powerhouse DraftKings is under fire in Massachusetts over depositing violations. The operator is now facing an adjudicatory hearing in the state.

As it turns out, DraftKings had accidentally allowed its users to use out-of-state credit cards to fuel their accounts, in violation of Massachusetts’ gambling rules. For reference, no gambling operators in the state can accept credit cards as a payment method.

DraftKings self-reported the issue to the Massachusetts Gaming Commission (MGC) in May this year. According to the operator, the mistake had allowed customers to bet with credit cards from March 10.

As a result, DraftKings implemented a tool that prevents the use of credit cards on its platform. However, it wasn’t until July 13 that DraftKings finally got the measure working properly. As a result, a total of 218 players used credit cards to place a total of 242 bets totaling $83,663.92 between March and July.

DraftKings told the MGC that the incident was due to an internal miscommunication. The operator also attributed its failure to get the necessary software working to the persistence of these alleged miscommunications.

The company explained that it had to introduce changes to three internal functions before being able to get the credit card prohibition underway. These included changes to its financial platform, account platform and sportsbook product.

MGC commissioner Eileen O’Brien commented on the matter, saying that she believes DraftKings’ negligence is egregious. O’Brien added that “this needs to be an adjudicatory hearing.” The other commissioners agreed. MGC commissioners said that this is the first instance of such a severe credit card-related violation. Because of that, the authority seeks to prioritize the matter.

This is not the only trouble DraftKings faces in The Bay State as it recently came under fire over a misleading promotion. The operator had promised a non-redeemable $1,000 bonus but had failed to clearly communicate that players would need to deposit $5,000 and wager $25,000 within 90 days to be eligible to receive the bonus.

Because of that, the company was hit with a class-action lawsuit led by the Public Health Advocacy Institute.

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Earlier in the week, the British Horseracing Authority (BHA), announced it would launch the fourth trainer and stable staff survey as a means of identifying yard-based problems and assisting the Industry People Board. 

Now, the authority whose goal is to build “a brighter future for our sport, our horses, and our people” has announced a series of changes to the start rules in British racing. The changes were given the green light after a comprehensive review of all stalls and starting procedures over the course of an entire year. 

Late Load Requests, Now Restricted 

One of the first changes to go into effect starting January 1, 2024, regards Late Load Requests. These represent privilege requests on race day issued by trainers for their horses to be loaded out of sequence.

According to the new tweaks, Late Load Requests have been restricted to horses that have shown signs of behavioral issues inside the starting stalls in previous races in Great Britain. 

At the same time, horses having their debut will no longer be eligible for a Late Load Request unless they have undertaken an assessment prior to the race which has indicated the existence of a behavioral concern inside the starting stalls.

Additionally, the rules regarding warnings for Late Load Requests and Stalls Tests have also suffered adjustments. 

For example, once a trainer has been given three warnings for the same horse in relation to behavioral issues inside the stalls within a one-year period, the horse will be asked to complete one Stalls Test instead of the standard requirement of two. 

Any additional Late Load Request for the respective horse will not lead to any more warnings over the course of the following 12 months, as opposed to the current rules that refer to the current lifetime late load.

The goal is to lower the number of Late Load Requests while improving the safety and fairness of the Start and making sure horses that do not have any behavioral issues are not in any way disadvantaged.

Loading Process Changes

Also effective starting January 2024, the process of twitching or grabbing the ear or tail of a horse during the loading process will only be allowed for safety purposes. 

This could be anything like gently holding the ear of the horse to help relax, placating a nervous or fractious horse during the loading, or ensuring the welfare of stalls, jockeys, or horses by helping settle unruly horses in the stalls.

Provided Stewards rule these actions as going well beyond what is deemed “necessary for the purposes of safety and horse welfare,” they will have the right to issue cautions for first offenses, followed by Band A fines for subsequent offenses.

Additional changes refer to BHA starters who will no longer be allowed to carry the hunting crop during jump-starts and also the requirement that all persons assisting at the start complete the BHA Trainer Representative – Starts Training Module. 

In May, BHA announced it would strengthen its board membership with two new independent non-executive directors, Kyrsten Halley and Tara Warren.

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Smoking in casinos across the United States has been a controversial topic for decades. On one side, non-smokers’ rights associations have long supported a smoking ban that would protect the health of non-smokers along with non-smoking employees of different casinos. On the other hand, casinos have long feared a smoking ban might result in a decrease in revenues.

Now, a recent report reveals that two casinos in Las Vegas have implemented changes to their smoking policies. Citing a memo released on Wednesday, the Las Vegas Review-Journal revealed that the Palazzo and The Venetian in Sin City implemented changes to their policies, allowing table game players to smoke. While the two venues allowed smoking for table game players, visitors can also request a non-smoking table, allowing them to enjoy a smoke-free experience.

The recently released memo explains that the new policies are effective as of Monday, November 6, 2023. The change effectively enables players of table games to smoke cigarettes, vapes and cigars on the casino floors at the Palazzo and The Venetian. The two venues explained that despite the change, the visibility or use of marijuana or marijuana products remains prohibited.

“Beginning Monday, Nov. 6, the company will reinstate the smoking policy on the casino floor which will permit the smoking of cigarettes, cigars and vapes at all table games on the casino floors at The Venetian and the Palazzo. As a reminder, the use or visibility of marijuana products continues to be strictly prohibited,“

reads a memo released by the Palazzo and The Venetian

Smoke-Free Tables upon Request

The recently implemented changes to the smoking policies at The Venetian and the Palazzo designate smoke-free tables upon request from the visitors. Non-smokers at the two venues can request a non-smoking table, allowing them to enjoy a smoke-free experience. Upon entering the casino floor, non-smokers who want a smoke-free table should submit a request to a table games supervisor or a higher-ranking official at The Venetian and the Palazzo.

“The notion of a partial smoking policy in casinos is a failed attempt to address the serious health concerns of casino workers.“

Cynthia Hallett, president and CEO Americans for Nonsmokers’ Rights

Cynthia Hallett, the president and CEO of Americans for Nonsmokers’ Rights, a nonprofit organization that advocates for smoke bans and the protection of non-smokers, criticized the changes in the policies of the two casinos in Sin City. She explained that those policies are insufficient when it comes to the protection of casino employees, as well as visitors who are non-smokers. Finally, Hallett warned that secondhand smoke poses a risk for both casino employees and non-smokers alike.

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The probe of the Authority uncovered that Seven West Media’s Seven Network Operations Ltd (Seven) has failed to comply with the country’s gambling advertising regulations. 

Not the First Breach

On December 12, 2022, Seven aired a gambling ad outside the officially established times allowed during live sports broadcasts on its streaming service. The respective ad was shown at 10:38 am on the demand platform 7plus while an American Football game in the National Football League was airing. 

Gambling ads cannot be displayed to the public while sports events are streamed live between the hours of 5 am and 8:30 pm. This includes a five-minute timeframe both prior to and after the event. 

This failure to comply with the online gambling ad regulations followed the authority’s previous formal warning given to the same network two months prior to the December breach, in regards to a similar problem. 

The ACMA, for which the minimization of gambling harm still represents a compliance priority in 2023-2024, has issued a $13,320 penalty for Seven. This is the maximum amount that the independent Commonwealth statutory authority responsible for regulating communications and media services Down Under Australia is allowed to apply for such breaches. 

Australians, “Extremely Concerned” About High Exposure to Ads

ACMA’s chair, Nerida O’Loughlin, expressed Australians’ concerns regarding the high “level of exposure to gambling advertising” in live sports coverage via all types of platforms and broadcasters. O’Loughlin further explained that the ACMA would like to see broadcasters make use of “robust systems and processes and associated assurance mechanisms” that would help them better comply with the current regulations.

In connection to the Seven breach, the ACMA explained that they were reassured that the streaming of the respective gambling ad in December “was an isolated event” and that the media company already has a series of ”adequate” mitigation measures in place meant to prevent similar incidents. 

These measures include additional training and oversight, among others. The ACMA has also been informed by Seven that the said measures can successfully and effectively “ensure future compliance,” adding that they do not need to implement any other measures. 

O’Loughlin, however, commented that in the context of the repeated breaches made by Seven, they will continue to keep a close eye on the way they comply with the rules to ensure what they are saying is valid. 

In mid-October, the ACMA published its Gambling Advertising in Australia: Placement and Spending report that showcased the persistence of gambling advertisements between May 2022 and April 2023.

According to the report, more than one million gambling ads were aired on free-to-air TV and metro radio.

Earlier this week, we spoke about SBS, another popular broadcasting network in Australia, and its revolutionary On-Demand TV app feature that will allow viewers to opt out of receiving certain ads starting next year. 

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