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Offshore Gambling Sites Side-Step Legal Challenges Between States and Native American Tribes

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Gila River Casino

According to a recent op-ed released by the Off Shore Gaming Association, Native American gambling operators are unfairly handcuffed by various anti-gambling laws, including the Federal Wire Act.

The Wire Act came into existence in 1961 and was originally intended to prevent mafia and other organized crime organizations from using wire communications (telephone, telegraph, etc) to take bets on sporting events. At the time illegal sports betting operations were a common form of corruption and money laundering.

But since then, the gambling and sports betting industry has largely legitimized itself both domestically and offshore. U.S. Politicians however used the Wire Act to target legal offshore gambling companies like NETeller and BetonSports.

The law specifically targets the “wire communications” and several lawsuits have equivocated on whether that definition applies to internet and other forms of wireless communication, as well as whether that definition includes casino games and poker in conjunction with sports.

The Department of Justice ruled in 2011 that the Wire Act does apply to internet as a form of wire communications, but that this law applies solely to sports betting. The Wire Act and the UIGEA have had negative impacts on Native American Tribes attempting to offer legal online sports betting or online gambling.

The main restrictions lie in the fact that many states have used these laws to make Native American online gambling operations available only on tribal land. But other states, like Michigan, agreed to allow Tribes to offer sports betting and online gambling off their reserves as long as they abide by commercial regulations, meaning they will be subject to taxation that Native casinos usually are protected from paying.

In other states, like New York, Iowa, and Tennessee, state legislators appear to expect tribal casinos to stick the original agreements of their compacts. States like Florida and California, both with large Native American business presences, will undergo similar legal challenges in reference to online gambling and sports betting.

Some industry analysts hinted that the Wire Act will come under scrutiny in the first term of the Biden administration, and will seek to either amend or repeal the act entirely to settle legal battles between states and Tribal gambling operators.

The offshore gambling industry has passed by unscathed in these domestic issues since they operate outside of US jurisdiction and are not subject to the same restrictions. Offshore gambling sites offering casino games and online sports betting provide a great alternative to domestic operators that are caught up in old and unnecessary laws.

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Conway’s Revo Casino and Social House Prepares To Open

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Revo Casino

Revo Casino logoDick Anagnost, one of the owners of the new Revo Casino and Social House in Conway, New Hampshire, told the media that the casino is expected to open February 1st, 2025. Anagnost also stated that more than 70 employment positions are already filled, and two local charities (Mount Washington Valley Promotions and the North Conway Community Center) are already poised to benefit.

The new charitable gaming casino is in Shurfine Plaza, which also houses the New Hampshire liquor store. Revo will move into the suite that used to be a grocery store. The new facility will be 11,800 square feet and include a bar, a restaurant, multiple table game options, and electronic gaming machines offering slots, video poker, and more.

Before the new casino can open, the building has to undergo a plumbing, electrical, health/safety building, and a Liquor Commission inspection. Anagnost said, “If we pass all of that, our (certificates of occupancy) would probably be issued Jan. 28 or 29, and probably 48-72 hours after that, we’d be open for business.” He also stated that a soft opening could possibly occur before February 1st.

On opening day, the casino will feature 75 gaming machines and table games, including blackjack, roulette, and poker. An adjacent smoking room with some gaming machines will allow patrons to smoke and enjoy gambling while the main casino floor remains smoke-free.

Anagost also stated that the casino has had more than 200 applicants and that the local community has supported the project, “I don’t think anyone in any of the casinos we’ve opened across the state has received so much attention.”

New Hampshire Casinos

New Hampshire currently has no commercial casinos but has 14 charitable casinos where a portion of the profits go to local charities. These casinos are no different from what you would find anywhere else in the USA except for how the revenue is disbursed.

Current NH gambling laws mandate that 35% of casino game profits go to charity, while another 10% goes to the New Hampshire Lottery for the state’s educational fund. This system has proved beneficial to the state’s bottom line, helping fund educational programs across the state.

However, while online casino options are limited to offshore sites, both in-person and online sports betting have been legal in the state since 2019. Sports betting in the state must also give 51% of online revenue and 50% of in-person revenue to the state.

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Virginia General Assembly Considers Tysons Casino Proposal

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Tysons proposed casino

offshore starThe Virginia General Assembly is currently deliberating a proposal to establish a resort-style casino in Tysons, Fairfax County. Introduced by Senate Majority Leader Scott Surovell, the bill aims to create an entertainment district with a casino, hotels, a convention center, and performing arts venues.

While labor unions support the casino, this initiative has sparked a robust debate among lawmakers, community members, and industry stakeholders.

Senate Bill 982, introduced by Senator Surovell, seeks to amend existing legislation to designate Fairfax County as an eligible host locality for casino gaming. The bill outlines specific criteria for the proposed location within the county and mandates a local referendum to secure voter approval before any casino development can proceed.

Potential Revenue

Proponents of the Tysons casino project highlight significant economic benefits. Senator Surovell points out that Virginians contribute approximately $300 million in annual tax revenue to Maryland by patronizing MGM National Harbor. By establishing a casino in Tysons, these funds could be redirected to support Virginia’s public services, including education and infrastructure.

Opponents’ Concerns

Conversely, some community members and organizations have raised objections. The McLean Citizens Association, for instance, has mobilized opposition, citing concerns about introducing gambling into the community.

Additionally, a group of former national security and intelligence professionals cautions that the casino’s proximity to sensitive government facilities could pose security risks, potentially making personnel with security clearances vulnerable to exploitation.

Virginia Gambling Laws

Virginia has three casino locations and several slot parlors. Offshore casinos can also accept VA players, as no state gambling laws forbid their use.

Domestic casinos were first launched in 2022, when the temporary Hard Rock Bristol opened its doors. The state allows commercial gaming facilities to accept players over the age of 21 and offer class III table games (blackjack, slots, baccarat, roulette, etc.).

Regulatory and Approval Process

For the casino project to materialize in Fairfax County, the following steps must be completed:

  • Legislative Approval: The General Assembly must pass Senate Bill 982 to authorize Fairfax County as a potential casino host.
  • Local Referendum: Upon legislative approval, the Fairfax County Board of Supervisors would be empowered to hold a referendum, allowing residents to vote on the casino proposal.
  • Development Planning: If the referendum passes, detailed plans for the entertainment district will be developed, followed by zoning approvals and construction.
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Salem Approves New Gaming Facility Despite Concerns From Neighboring Communities

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Salem New Hampshire Live! Casino plans

star iconSalem, New Hampshire, recently approved a new “charitable” gaming facility despite concerns from the neighboring community of Lawrence, Massachusetts.

Located just over the New Hampshire state line, the city of Lawrence is the poorest in the state, and community leaders fear that a new casino-style gaming facility could lead to addiction and further poverty. Despite the concerns and the city asking Salem to reconsider, the state plans to proceed with the project.

On November 26th, the Salem Planning Board voted 5-2 to approve the project slated for the old Lord & Taylor store at The Mall at Rockingham Park. The casino will offer 1,300+ jobs, multiple restaurants, and event space.

New Hampshire Gambling Laws

The state of New Hampshire does not allow commercial casino gaming; however, it does allow charitable gaming. Charitable gaming in the state consists of blackjack, poker, and roulette. While other casino staples such as slots and baccarat are not allowed, the exception for charitable gaming offers residents entertainment and the state additional revenue.

Despite not having full access to class III casino gaming options, the state has 14 charitable gaming facilities that pay 35% of its gross gaming revenues to local charities. Another 10% of revenue goes to the state to fund educational programs.

Lawrence Officials Speak Out

Stephany Infante, vice president of the Lawrence City Council, is concerned that a new casino just over the state line will target residents of Lawrence. She stated to media sources, “In Lawrence, we’re trying to tackle financial struggle, mental health issues, addiction, et cetera, and this is just going to add another component to those challenges.” She also expressed her concern that “People who are struggling financially, or with gambling, which is an addiction, that’s the clientele any casino targets.”

The Lawrence City Council sent a resolution to the Salem Planning Board claiming that Lawrence residents are a primary target for the new casino. Several Lawrence City residents are concerned that a 10-minute drive to a casino could facilitate further criminal activities tied to money laundering.

Are Online Casinos Legal In New Hampshire?

New Hampshire does not license or authorize online casinos within state lines. Despite the restrictions, offshore casinos have been accepting players from New Hampshire and Massachusetts since the late 1990s and have become the go-to option for many players.

Online casino sites offer players popular casino games such as slots, roulette, baccarat, blackjack, poker, sports betting, and more. They also offer bigger bonuses, traditional and non-traditional casino banking options, and more game variations, which makes it easy to see why many players gamble online.

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