USA ONLINE GAMBLING INTENSIVE 2013
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1 December 5, 2013 USA ONLINE GAMBLING INTENSIVE 2013 OVERVIEW OF CURRENT LANDSCAPE Linda J. Shorey Marsha A. Sajer Copyright 2013 by K&L Gates LLP. All rights reserved.
2 LEGAL GAMBLING IN THE US
3 FAST FACTS ABOUT GAMBLING IN THE U.S. 48 of 50 States have some form of legal gambling In 2012, 43 States operated a lottery In 2012, there were 466 Tribal casinos in 28 states: 114 in OK, 70 in CA, 39 in MN, 34 in WA, 31 in WI, 26 in AZ In 2012, there were 503 casinos/racinos in 23 States: 265 in NV, 30 in MS, 22 in MI, 18 in LA & IA, 13 in MO, 12 in NJ, 11 in PA As of 2010, pari-mutuel wagering was legal in 42 states Legal age to gamble is 18 or 21, depending on the state No federal law directly forbids gambling klgates.com 3
4 POPULATION COMPARISON California (1) 38,041,430 Texas (2) 26,059,203 New York (3) 19,570,261 Florida (4) 19,317,568 Illinois (5) 12,875,255 Pennsylvania (6) 12,763,536 Ohio (7) 11,544,225 Georgia (8) 9,919,945 Michigan (9) 9,883,360 New Jersey (11) 8,864,590 Massachusetts (14) 6,646,144 Nevada (36) 2,758,931 Delaware (46) 917,092 US Virgin Islands 105,256 Germany 80,640,000 UK 64,231,000 France 63,820,000 Italy 59,789,000 Spain 46,958,000 Poland 38,548,000 Netherlands 16,795,000 Ontario, Canada 12,851,821 Quebec, Canada 7,903,001 Denmark 5,612,000 Ireland 4,662,000 BC, Canada 4,400,057 Malta 419,000 Isle of Man 87,000 klgates.com 4
5 Land Based Gambling
6 STATES WITH COMMERCIAL CASINOS AND/OR RACINOS (2012) WA OR CA NV ID UT MT WY CO ND SD NE KS MN IA MO WI IL IN MI KY OH WV NY PA MD VA NJ VT NH MA CT DE ME RI AZ NM OK AR TN SC NC TX LA MS AL GA FL klgates.com 6
7 STATES WITH TRIBAL CASINOS (2012) AK WA OR CA NV ID UT MT WY CO ND SD NE KS MN IA MO WI IL IN MI KY OH WV NY PA MD VA NJ VT NH MA CT DE ME RI AZ NM OK AR TN SC NC TX LA MS AL GA FL klgates.com 7
8 STATES WITH CARD ROOMS (2012) WA OR CA NV ID UT MT WY CO ND SD NE KS MN IA MO WI IL IN MI KY OH WV NY PA MD VA NJ VT NH MA CT DE ME RI AZ NM OK AR TN SC NC TX LA MS AL GA FL klgates.com 8
9 STATES WITH ELECTRONIC GAMING DEVICES (2012) WA OR CA NV ID UT MT WY CO ND SD NE KS MN IA MO WI IL IN MI KY OH WV NY PA MD VA NJ VT NH MA CT DE ME RI AZ NM OK AR TN SC NC TX LA MS AL GA FL klgates.com 9
10 SPENDING ON CASINO GAMBLING AT CASINOS/RACINOS (2012) Rank State Amount 1 Nevada $10.86 Billion 2 Pennsylvania $ 3.16 Billion 3 New Jersey $ 3.05 Billion 4 Indiana $ 2.61 Billion 5 Louisiana $ 2.40 Billion 6 Mississippi $ 2.25 Billion 7 New York $ 1.80 Billion (VLTs only) 8 Illinois $ 1.64 Billion 9 Iowa $ 1.47 Billion 10 Michigan $ 1.42 Billion klgates.com 10
11 Mixed Land & Interactive Gambling
12 PARI-MUTUEL WAGERING At the track or jai alai fronton Off-track simulcast facilities ADW using phone or Internet klgates.com 12
13 STATES WITH PARI-MUTUEL WAGERING/ADW (2010) WA MT ND MN ME SD WI VT OR CA NV ID UT WY CO NE KS IA MO IL IN KY MI OH WV PA VA NY NH MA CT MD DE NJ RI AZ NM OK AR TN SC NC TX MS AL GA LA FL klgates.com 13
14 AMOUNT BET ON PARI-MUTUEL WAGERING Year At the Track Off Track Total 2000 $2,270 Billion $12,051 Billion $14,321 Billion 2001 $2,112 Billion $12,487 Billion $14,599 Billion 2002 $2,029 Billion $13,033 Billion $15,062 Billion 2003 $1,902 Billion $13,278 Billion $15,180 Billion 2004 $1,860 Billion $13,239 Billion $15,099 Billion 2005 $1,741 Billion $12,820 Billion $14,561 Billion 2006 $1,688 Billion $13,097 Billion $14,785 Billion 2007 $1,670 Billion $13,055 Billion $14,725 Billion 2008 $1,489 Billion $12,173 Billion $13,662 Billion 2009 $1,325 Billion $10,990 Billion $12,315 Billion 2010 $1,199 Billion $10,220 Billion $11,419 Billion 2011 $1,229 Billion $ 9,541 Billion $10,770 Billion 2012 $1,239 Billion $ 9,643 Billion $10,882 Billion klgates.com 14
15 STATE-OPERATED LOTTERIES Ticket (drawing or instant) purchase from landbased lottery agent/retailer at counter or at lottery terminal Online play - instant ticket bought and played on a lottery terminal located at a lottery retailer s premises Internet purchase of tickets (subscription/individual) Play later tickets/cards played using Internet ( credit redemption ) or physically (scratch tickets, pull tabs) Second chance drawings i-lottery games games paid for and played via Internet klgates.com 15
16 klgates.com 16 STATES OPERATING LOTTERIES klgates.com 16 CA OR WA NV ID MT WY UT AZ ND SD NE CO NM KS OK TX MN IA MO AR LA WI IL MI IN OH KY TN MS AL GA FL SC NC VA WV PA NY VT NH ME MD NJ MA CT DE RI
17 STATE, POPULATION, LOTTERY SALES (2012) New York 19,570,261 (3) $8,439 million (includes VLTs) Massachusetts 6,646,144 (14) $4,471 million Florida 19,317,568 (4) $4,450 million California 38,041,430 (1) $4,371 million Texas 26,059,203 (2) $4,191 million Georgia 9,919,945 (8) $3,835 million Rhode Island 1,050,292 (44) $3,532 million (includes VLTs) Pennsylvania 12,763,536 (6) $3,208 million New Jersey 8,864,590 (11) $2,759 million Ohio 11,544,225 (7) $2,750 million (includes VLTs) Illinois 12,875,255 (5) $2,680 million Michigan 9,883,360 (9) $2,413 million Maryland 5,884,563 (19) $1,990 million (includes VLTs) Delaware 917,092 (46) $ 687 million (includes VLTs) Minnesota 5,379,139 (21) $ 520 million klgates.com 17
18 State/Territory i-gambling Legislation Update
19 STATUS OF STATE/TERRITORY I-GAMBLING LEGISLATIVE EFFORTS WA OR CA NV ID UT MT WY CO ND SD NE KS MN IA MO WI IL IN MI KY OH WV NY PA NJ MD VA VT NH MA CT DE ME RI AZ NM OK AR TN SC NC TX LA MS AL GA FL HI USVI klgates.com 19
20 LEGAL I-GAMBLING Nevada 2001 law authorized i-gambling by licensed casino operators with i-gaming license; regulations for i-poker put in place in 2011 real money i-poker went live on April 30, 2013 Delaware i-casino (including poker) and i-lottery authorized 2012 i-gambling platform awarded in May 2013 to consortium of Sci Games, WMS, and 888.com Real money i-casino (no poker) went live on November 8, 2013 New Jersey i-gambling (casino and poker) authorized 2013 US Virgin Islands i-gambling authorized 2002 but yet to be implemented klgates.com 20
21 STATES WHERE I-GAMBLING BILLS FAILED IN 2013 IOWA ILLINOIS HAWAII MISSISSIPPI TEXAS klgates.com 21
22 STATES WITH PENDING BILLS THAT WOULD PERMIT I-GAMBLING California SB 51 introduced by Senator Wright SB 678 introduced by Senator Correa, supported by the San Manuel Band of Mission Indians Pennsylvania HB 1235 would permit casino licensees to offer approved i- gambling games HB 1404 would prohibit i-gambling Massachusetts SB 101 would permit State Lottery to offer i-lottery games SB 197 would permit casino/slots license holders to offer i- gambling not being offered by Lottery or that looks/acts like slots klgates.com 22
23 Status of State Lottery Efforts
24 STATES WITH INTERNET LOTTERY TICKET SALES, GAME PLAY, AND I-LOTTERY GAMES IN PROCESS WA OR CA NV ID UT MT WY CO ND SD NE KS MN IA MO WI IL IN MI KY OH NY PA WV VA NJ VT MA CT MD DE ME RI NH AZ NM TX OK AR LA MS TN AL GA SC NC FL klgates.com 24
25 LEGAL I-LOTTERY (TICKETS & GAMES) States currently selling individual draw tickets via internet/mobile device: IL (March 2012), MN (Sept. 2013), GA (Nov via pre-paid card); State authorized to sell individual draw tickets via internet: DE ( ) States currently selling subscriptions for certain lottery draw games: NH, ND, VA, NY, MN ( ) State currently selling Keno games at lottery retailers playable via Internet: MD; State authorized to sell instant ticket games at lottery retailers or via pre-paid card: DE (X) States slated to offer real money i-lottery games via Internet before end 2013: GA, MN (#) State announcing award for i-lottery (ticket sales & games) in Nov. 2013: MI (bills pending to prohibit i-lottery) ( ) klgates.com 25
26 Tribal Gaming
27 WHY TRIBES? klgates.com 27
28 TRIBES OPERATE CASINOS IN 28 STATES AK WA OR CA NV ID UT MT WY CO ND SD NE KS MN IA MO WI IL IN MI KY OH WV NY PA MD VA NJ VT NH MA CT DE ME RI AZ NM OK AR TN SC NC TX LA MS AL GA FL klgates.com 28
29 TRIBAL CASINOS IN CALIFORNIA klgates.com 29
30 TRIBES WILL HAVE A SAY IN I-GAMING Tribes earned gaming revenues of $27 billion, or almost 44 percent of total US casino gaming revenues of $63 billion (2011) Tribes have exclusive land-based gaming rights in states including California, Oklahoma, Connecticut, and Florida Tribes and tribal coalitions have the political clout at the state and federal level to impact online gaming development How will they use it? klgates.com 30
31 WHAT GOVERNS & WHO REGULATES TRIBAL GAMING? klgates.com 31
32 INDIAN GAMING REGULATORY ACT ( IGRA ) 25 U.S.C (enacted October 17,1988 IGRA accommodates Federal, State and Tribal interests: Federal statutory oversight over gaming to protect from organized crime and corruption Provide States with some authority over gaming on Tribal land Promote Tribal government, self-sufficiency and economic development klgates.com 32
33 PREREQUISITES TO GAMING UNDER IGRA Possession of Indian lands Federal approval of gaming ordinance Tribes regulate Class II games (bingo and nonbanked card games permitted by state) If Class III (casino-type games slot machines, house banking games, roulette, craps, and keno): Tribal land is located in a state that permits Class III gaming activity Tribal-state gaming compact is source of law Tribal gaming authority is primary regulator klgates.com 33
34 TRIBAL-STATE GAMING COMPACTS Compacts typically address: Revenue share Regional gaming exclusivity Games permitted Duration Investigation and licensing of participants Civil and criminal jurisdiction Internal controls Some compacts do not address I-gaming; some are ambiguous; some condition or limit I-gaming klgates.com 34
35 TRIBAL CONCERNS ABOUT I-GAMING Sovereignty Protection of existing tribal land-based casinos Whether I-gaming is governed by IGRA Whether I-gaming is covered by Tribal-State gaming compacts Types of I-gaming proposed to be offered Taxation/revenue share Regulation/enforcement Exclusivity Source of law klgates.com 35
36 SOURCE OF LAW WILL IMPACT TRIBAL ONLINE GAMING Federal law Federal law is supreme law of land Only the US Congress has the constitutional power to regulate commerce with Native American tribes State law States can license and regulate tribal gaming enterprises undertaken outside tribal lands as they do for non-tribal commercial activities klgates.com 36
37 TRIBAL AND COMMERCIAL GAMING Tribal Gaming Conducted on sovereign Tribal land Regulated by Tribe under federal oversight Scope of gaming established by Tribal- State compact Gaming revenue not subject to state taxation; revenue-share Tribal self-sufficiency Commercial Gaming Privately owned by operator or consortium Regulated by state gaming commission Scope of gaming based on state legislation and license Gaming revenue subject to state taxation Profit/revenues to state klgates.com 37
38 OPPORTUNITIES EXIST IN INDIAN COUNTRY klgates.com 38
39 Issues
40 INTERACTIVE GAMBLING ISSUES Will more states authorize i-gambling/i-lottery in 2014? How will smaller states/territories address liquidity for i- poker? Why should large states enter into interstate compacts? Should i-gambling licenses by limited to entities with state gambling licenses or open to all qualified applicants? Should entities involved in US-facing i-gambling pre- or post-uigea be permitted to seek licenses? What are the pros and cons to the NJ and DE models? In states with lotteries and commercial casinos, should both be permitted to offer interactive games? klgates.com 40
41 ISSUES CONTINUED Will Adelson s opposition to i-gambling have an impact? How will the tribal i-gambling issues be resolved? Will tribes be willing to compete (as in PA and MA for commercial casino licenses) for state i-gambling licenses? Will Congress take any action in connection with i- gaming? Will credit card companies/banks make credit card use easier? Will/can lottery retailers be convinced that i-lottery games will not undercut their profit/business? klgates.com 41
42 Questions? klgates.com 42
43 CONTACT INFORMATION Linda J. Shorey K&L Gates LLP Marsha A. Sajer K&L Gates LLP klgates.com 43
44
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