The Pennsylvania Supreme Court is ready to make a big decision about whether electronic gaming terminals, commonly found in bars and convenience stores, should be considered illegal gambling machines. 

Pennsylvania Lottery and Casino Industry Blames Skill Games for Revenue Losses

The decision comes after an appeal by the attorney general’s office challenged a lower court ruling that said these “skill games” depend on a player’s ability rather than chance — making them different from traditional slot machines.

For years, the state has argued that these games operate illegally without a gambling license and can be seized by law enforcement. Manufacturers, distributors and operators of the games say they are legal under state law and do not fall under the definition of regulated gambling. This ruling could provide clarity on how those machines should be treated under the law for the first time, said Jeffrey Rosenthal, an attorney representing Parx Casino in Philadelphia, reported the Associated Press.

Courts and lawmakers have wrestled with their status or years. Texas, Virginia and Kentucky have had similar fights over them. 

The Pennsylvania Lottery and the state’s casino industry blame skill games for major revenue losses. Casinos pay out roughly 54% of slot machine revenues in taxes to the state government. Operators say skill games compete against slots tax-free. There are at least 67,000 such terminals in Pennsylvania — more than any other state, according to American Gaming Association estimates.

Pennsylvania Supreme Court to Decide Fate of Skill Games

Attorney General Michelle Henry’s office emphasized in its brief to the court that these devices are all over the place and need clear legal guidance. The justices will study whether these electronic devices with supposed “skill” components are gambling devices by definition under the law. 

Commonwealth Court Judge Lori Dumas noted previously that though they start off looking like slot machines, they include a memory game element that makes them different.

The case started off in Dauphin County in 2019 when state police confiscated Pennsylvania Skill-branded machines from Champions Sports Bar in Highspire.

No criminal charges were filed, but the bar was given an administrative citation. Champions and Capital Vending Company, which owns the machines, sued for their return and won in county court, a decision later upheld by the Commonwealth Court.Pending legislation would ban or regulate these terminals — with the industry pushing for regulation to prevent seizures of its machines.

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The Spanish Digital Gaming Association (Jdigital), announced that the country’s Supreme Court has partially upheld the association’s appeal against Royal Decree 958/2020, a piece of legislation which introduced several restrictions for the industry. However, Jdigital called for more dialogue with the Spanish regulator in order to put the country’s iGaming market on the right path.

The Spanish Supreme Court decided to partially uphold an appeal lodged by Jdigital and annulled several measures stipulated in the Royal Decree 958/2020, which came into effect in November 2020. Almost four years later the Supreme Court ruled that several articles in that decree lacked legal basis.

One of the annulled bits of legislation was article 13, which was related to targeted advertisements towards new customers. Following the Supreme Court’s decision iGaming operators in Spain will once again be able to advertise their products to players who have held an account for less than 30 days. Moreover, they will be able to advertise in venues with public accessibility which sell lottery games.

The ruling by the Supreme Court also allows celebrities to appear in gaming advertising again, while the ban on gambling ads on video sharing platforms was overturned as well. This means that iGaming operators can advertise their products to social media users, but only to those above 18 years of age.

Very Positive News

A previous appeal by Jdigital was rejected by Spain’s constitutional court in November 2023. The victory at the Supreme Court was described by Jdigital in a statement as “very positive news for the online gaming sector.”

However, the Spanish Digital Gaming Association argued that the measures that remain in place still impose several limitations that are considered too restrictive by the industry. For example, the ban on advertising between 1am and 5am both on radio and television remains in place, as it is covered by the General Law of Audiovisual Communication.

Moreover, Article 12 of the Royal Decree 958/2020 was not annulled, which means that iGaming operators still can not use branding for events that minors can see or sponsor sporting events or broadcasts. That said, Jdigital called for increased dialogue between the iGaming industry and the regulatory authorities in order to boost responsible gambling efforts while also allowing sustainable growth for the industry.

Source:

“Jdigital labels Spain ad restrictions annulments “very positive” but urges caution“, igamingbusiness.com, April 11, 2024.

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Spanish gambling law is rapidly changing, and a lot of efforts have been made in order for the state to find a solution that works for everyone. The most recent step towards gambling ad regulations was made when the Supreme Court partially approved the appeal against Royal Decree 958/2020, placed by the Spanish Digital Gaming Association (Jdigital).

Some of the bans previously incorporated into the law, including bans on celebrity ads, were discharged.

Changes in regulations

Since Royal Decree 958/2020 was approved in November 2020, the Spanish operators worked on preventing minors from being exposed to ads through various prohibitions, including sponsorship deals.

However, Jdigital was against it and amended it for the first time in November 2023, when the amendment was rejected. Since then, the Constitutional Court changed its decision, so some of the regulations were annulled.

Among the measures that have been lifted is Article 13, which focuses on targeting new customers. From now on, the operators will have a chance to target the players who created the accounts less than 30 days before the ad starts running. On top of that, they can run ads for lottery games.

On top of that, Article 15 has been annulled. It is related to the appearance of celebrities in ads – now both fictional and real characters are allowed to be included in gambling advertisements.

Thanks to changing the first section of Article 23 and the third section of Article 25, the operators can run their ads on video-sharing platforms, including YouTube. Article 26 has also undergone some changes, so since sections 2 and 3 were annulled, the operators will be allowed to target all users over 18 years old on social media.

According to Spain’s Supreme Court, these regulations didn’t have a great legal basis, so the overturn is natural.

Among the rules that were prescribed by the Decree, all ads on TV, radio, and YouTube were restricted to a period from 1 am to 5 am, and only operators’ social media followers were allowed to be targeted. On top of that, the restrictions were related to the age of users and promotion of the bonuses, except for the verified players.

Since the law passed back in October 2022, various bans have taken place, including all references to social status, health, and economic stability. On top of that, putting gambling in the first place compared to friends and family in ads is prohibited, as well as mentioning money or luxury goods.

Sports sponsorships are still banned in Spain, as well as sponsoring sports events and broadcasts.

Good news for Spanish operators

As iGaming Business reports, the Supreme Court commented: “The ruling considers that advertising is part of the freedom of business and is subject to limits. However, such limits and prohibitions, insofar as they also affect the exercise of a lawful business activity, must have sufficient legal coverage, without being able to be regulated by independent regulatory standards unrelated to the criteria and limits set by the legislator.”

Operators are satisfied with the decision since it will make the customer acquisition a lot easier for them. According to Patricia Lalanda, a partner in a law firm specializing in gaming, LOYRA Abogados, the news was unexpected. She said: “When we received the judgment, the ruling of partial upholding of the appeal, annulling some of the most relevant articles of Royal Decree 958/2020 on commercial gaming communications, we were very surprised. After the order of the Constitutional Court basically saying that with the reform of Law 13/2011 on the regulation of gambling, the object of the question of constitutionality had disappeared, everything indicated that the Supreme Court would go along the same line. But nothing could be further from the truth; the sentence is conclusive.”

Source:

Spain Supreme Court overturns gambling ad restrictions, igamingbusiness.com, April 10, 2024.

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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 Arkansas Supreme Court has rejected a petition from Legends Resort and Casino and Cherokee Nation Businesses, seeking a rehearing in a case where the court ruled that the Arkansas Racing Commission’s award of the Pope County casino license to the consortium violated Amendment 100 to the Arkansas Constitution. This decision leaves the Commission free to determine how to resolve the matter.

The Court Decision Marks Significant Progress

The legal battle began in November 2021 when the Arkansas Racing Commission issued the Pope County casino license to the Legends/Cherokee consortium, nullifying the license previously awarded to Gulfside Casino Partnership in 2020. Gulfside challenged this decision, leading to several years of court cases and disputes that may significantly affect the state’s gambling sector.

Amendment 100 to the Arkansas Constitution, approved by voters in November 2018, empowered the Arkansas Racing Commission to license four full-fledged casinos. However, in a 5-2 ruling on October 26, 2023, the state’s Supreme Court affirmed a decision by Pulaski County Circuit Judge Tim Fox, stating that the Arkansas Racing Commission erred in the licensing process.

The Commission had awarded the license to two entities, Legends Resort and Casino and Cherokee Nation Businesses. The court ruled that only a single entity could hold a casino license. Legends failed to meet the licensing requirements stipulated in the Arkansas Constitution due to a lack of prior casino gaming experience, disqualifying the venue from offering gambling services.

Legends Resort and Casino’s Future Remains Uncertain

The court’s decision not to grant a rehearing further complicates the situation. The next step involves the Arkansas Racing Commission meeting to receive input from the attorney general’s office and the state Department of Finance and Administration to determine the best course of action that will cause minimal disruptions.

The Pope County casino license has been a source of contention, with billions of dollars collectively wagered at the state’s casinos annually. Trent Minner, administrator of the state Department of Finance and Administration’s Regulatory Division, which includes the Racing Commission, stated that the Commission would assess the situation in upcoming meetings.

The high court’s decision effectively ended any form of litigation or questions remaining regarding the casino issue over the past five years.

Pope County Judge Ben Cross

The denial of the petition for rehearing by the Arkansas Supreme Court clears the way for the Arkansas Racing Commission to act. These ongoing legal proceedings and the involvement of different entities have underscored the challenges of implementing casino licensing in the state. The decision may prompt discussions on potential next steps and the impact on the casino licensing process in Pope County.

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Imperial Pacific International (IPI) faced another crippling blow on Monday as the US Supreme Court rejected its petition, upholding the Ninth Circuit’s previous ruling regarding the case. This decision allows the Commonwealth Casino Commission (CCC) to proceed with the revocation hearing concerning IPI’s casino license and will likely spell the end for Imperial Palace Casino in Saipan.

The Operator Exhausted All Legal Options

The casino, operated by IPI, ceased operations in March 2020 due to the COVID-19 pandemic, suffering a license suspension in April 2021 for failure to pay its license fees. IPI contested this decision, citing force majeure as the primary reason behind its casino closure. However, the Supreme Court highlighted that the force majeure event had concluded, and IPI had to pay its dues.

IPI, in response, filed civil suits against the CCC, alleging breaches in the casino license contract and an overstepping of its regulatory role in interpreting the agreement. The following legal disputes won the beleaguered operator some extra time to resolve its most pressing issues, but its efforts appear to have been in vain.

The CCC’s final compromise gave IPI until 30 December 2023 to pay back the $62 million in missed license fees or lose its license for good. That deadline passed without any attempts from the operator to pay its dues. Following the Supreme Court’s decision, the CCC is now free to hold a revocation hearing, which will likely spell the end of this saga.

A License Revocation Seems Inevitable

Commission representatives expressed relief at the Supreme Court’s decision, welcoming the opportunity to determine the fate of IPI’s license. Commissioner Ramon Dela Cruz stressed that IPI had ample time and due process to address its financial obligations to the CNMI government. The upcoming revocation hearing is scheduled for 31 January 2024 and should finally put the matter to rest.

Attorney General Edward E. Manibusan hailed the recent legal breakthrough, stressing the importance of enforcing IPI’s obligations to the CNMI. Although a license revocation is a natural next step for the Commission, the Commonwealth will likely face difficulties collecting its dues, as IPI has exhausted most of its assets, even auctioning off its liquor inventory.

This victory is important for the people of the Commonwealth in enforcing IPI’s failure to meet its contractual and statutory obligations to the people of the CNMI.

Attorney General Edward E. Manibusan

Despite legal challenges and appeals, the ruling from the highest court in the country affirms the CCC’s authority to pursue the revocation of IPI’s casino license. Although the process includes an official hearing, it is little more than a formality. This case highlights the lengths to which even a smaller casino operator will go to salvage its business, even against overwhelming odds.

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The ambition of two companies, to wit Cherokee Nation Businesses and Legends Resort and Casino, to bring a new gambling property to Pope County, Arkansas has gone on for years. The businesses have tried it all – playing nice and playing hardball, but locals have not bucked and have remained mostly firmly opposed to the idea of a casino in their area.

Supreme Court Reminds Cherokee Nation of Licensing Obligations

The fight has made it to the Arkansas Supreme Court, which decided on Thursday to uphold a lower court’s decision and pronounced itself against the licenses issued to the two businesses seeking to open a casino. The Supreme Court explained that the license was in breach of Amendment 100 and could not be used as the basis for realizing the proposed project.

Cherokee CEO Chuck Garrett expressed his disappointment but said that the ruling would not stop the nation from pursuing the license. Garrett cited the nation’s established track record in the industry and said that his colleagues knew what they were doing with more than 30 years of gaming and hospitality business experience. Yet, he acknowledged that securing the Pope County license has been the hardest to get yet.

Experienced or not, the Supreme Court found an issue with the manner of the proceedings by the private companies. For one, the Supreme Court rejected the idea of a license being issued to two entities. By law, there must be only one. To add insult to injury, Legends does not have any experience in casino gaming, which makes it illegible.

Why has an application been filed like this in the first place, most have asked? However, Garrett has preferred to focus on the good that would come out of building a casino. He assured that locals stood to benefit the most but cautioned that Arkansas is losing valuable tax money the longer this matter drags.

Going Back to the Drawing Board for Another Round

Not everyone is as upset about the decision, though, as Gulfside Casino Partnership rep Casey Castleberry said that the Supreme Court decision was the correct one. Of course, Gulfside Casino Partnership also wants to build a casino in Pope County. Gulfside too had a license granted, which was later reverted.

What this means is that after years of trying, local opposition may have somewhat subsided, but neither of the two parties who want to realize the project has demonstrated that they are clearly capable of clearing the licensing procedure. They need to start from scratch, and time is surely not on their side as both are eager to beat the other one to the finishing line.

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Betsoft Gaming has released a new Blackjack-inspired game called Supreme 777 Jackpots. The new table game has many features that will offer additional excitement to the players.

For example, the new title will feature a Progressive Jackpot feature, as well as a Perfect Pairs Side Bets mechanic. As a result, Supreme 777 Jackpots melds traditional Blackjack with jackpot games.

Supreme 777 Jackpots gives three hands of Blackjack across six decks at the same time. The game leverages “Las Vegas Strip” rules, with the exception that the pack is shuffled after every round. Furthermore, players can double after splitting and double on cards 9, 10 and 11 only.

Each hand of cards is played against the bank and individual bets can be placed on each hand and each feature, both at the same time or separately.

As in Blackjack, the goal of Supreme 777 Jackpots is to score 21 or a number that is as close as possible to that. Players that beat the bank will scoop up winnings of 3/2x before the next dealing.

Blackjack – But Not as You Know It!

The Perfect Pairs Side Bet allows players to try and match the first two cards dealt by face value, color or both. If they manage to do so, they can get up to 25x their bet with an instant payout.

In addition, the Supreme 777 Jackpots mechanic gives players the chance to win a Minor, Major or Grand Jackpot. The Jackpot bet is a completely separate game from the main Blackjack game, the developer explained.

Jackpot bettors will win a payout on 7s. With each 7 dealt, the payout will increase. If the first three cards dealt are 7s, the player will win a Jackpot. Players will win the Grand Jackpot if all these 7s are Spades.

Supreme 777 Jackpots is an exciting casino experience with what Betsoft described as a “generous 97.86% RTP.” The game boasts a deliberately wide betting range, allowing every spin to grow the winnings.

The Game Is Designed to Appeal to Many Players

Betsoft Gaming’s head of account management, Anastasia Bauer, commented on the new launch, saying that the game is a “classic with a twist” that both players of traditional Blackjack and seekers of innovative experiences will like.

Whether you are a fan of strategy or lucky chances, this jackpot Blackjack is designed for you. Our players expect constant innovation from us and Supreme 777 Jackpots delivers on every front. We are expecting this to be a big hit with our clients.

Anastasia Bauer, head of account management, Betsoft Gaming

The game was launched yesterday and is also available in a mini game format.

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