A unanimous Florida Supreme Court has ruled against a North Florida racetrack seeking to add slot machines.
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The catalyst: thousands of voters in Duval, Clay and Nassau counties who did not get to participate in the recent elections for both offices after write-in candidates closed primaries in the. Introduction to Nebraska Slot Machine Casino Gambling in 2020. Nebraska slot machine casino gambling consists of 21 gambling centers including commercial businesses, tribal casinos, keno locations in Scotts Bluff County, and racetracks with electronic gaming machines offering video bingo, video keno, and video poker. North Carolina slot machine casino gambling consists of two tribal casinos in the Great Smoky Mountains in the western tip of the state. Tribal-state gaming compacts in North Carolina have established theoretical minimum and maximum payout for their video gaming machines while return statistics are not publicly available.
The 20-page decision, released Thursday, means that gambling facilities in Gadsden County’s Gretna and in seven other counties that passed local referendums allowing slots also will not be able to offer them.
In doing so, the court upheld a decision by the 1st District Court of Appeal that agreed with state gambling regulators who denied the track a slots permit.
In sum, the ruling comes as a loss for the state’s pari-mutuels and a win for gambling expansion opponents. If it had gone the other way, the decision might have led to the single biggest gambling expansion in the state.
“The good news is there will not be thousands of slot machines coming to Florida without further action by the legislature,” said John Sowinski, president of the No Casinos anti-gambling expansion group.
Sowinski also chairs Voters in Charge, a political committee trying to get a proposed constitutional amendment on the 2018 statewide ballot to give voters “the exclusive right to decide whether to authorize casino gambling.”
Lawmakers, many of whom have bitterly complained of judicial overreach into policy, failed to agree on a comprehensive overhaul of the state’s gambling laws this Legislative Session.
* * *
At issue in the Gretna case was “whether local voters can authorize the operation of slot machines in counties outside of Dade and Broward.”
Statewide voters in 2004 approved a constitutional amendment legalizing slots at existing jai-alai frontons and horse and dog racetracks only in those counties and only if voters there OK’d it in referendums there.
Since then, voters in Brevard, Duval, Gadsden, Hamilton, Lee, Palm Beach, St. Lucie and Washington counties approved slots.
But the opinion, authored by Justice CharlesCanady, found that “nothing in (state gambling law) grants any authority to regulate slot machine gaming to any county.”
Specifically, the “general power of non-charter counties to ‘carry on county government’ does not constitute authorization to conduct a referendum to approve slot machine gaming,” the opinion said.
(“Charters are formal written documents that confer powers, duties, or privileges on the county,” according to the Florida Association of Counties.)
Chief Justice Jorge Labarga and Justices C. Alan Lawson, Barbara Pariente and Ricky Polston concurred in the decision. Justice Peggy A. Quince had been recused.
Oral argument in the case was last June but Lawson, appointed to the court in December to replace retired Justice James E.C. Perry, “fully participated after reviewing all of the materials including the oral argument video,” spokesman CraigWaters said.
Justice R. Fred Lewis also concurred, but wrote separately to note “the confusion in this area of the law.”
“Because slot machines are generally prohibited, Gadsden County does not have and cannot assert home rule powers as a basis to support a referendum on slot machine gambling,” he wrote.
Any other construction of the law is “misplaced,” he added.
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The horse track, known as Creek Entertainment/Gretna, is managed and operated by the Poarch Band of Creek Indians. Spokeswoman SarahBascom said they were “disappointed the Florida Supreme Court did not agree with our interpretation of the law.”
“Because of this ruling, we are now unable to create new jobs,” she said. “We are considering our options on how to proceed.”
Track lawyer Marc Dunbar, also a part owner, told justices in oral argument that the Legislature intended to allow for an expansion of slot machines in the state, saying counties were empowered under state law to decide whether to allow slots.
The track, about 30 miles west of Tallahassee, had asked the court to let it have slot machines because voters approved them in 2012.
Attorney Dan Gelber, the former House Democratic leader who represented No Casinos at argument, countered that lawmakers “would not have allowed slots but for that constitutional amendment.” He served in the House 2000-08.
“The idea that in implementing that amendment that they would, under the table, give 65 other counties that same right is sort of absurd,” he said. “If that had happened, I know a couple of my colleagues’ heads would have exploded.”
A decision the other way also likely would have broken the exclusivity to slots outside of South Florida enjoyed by the Seminole Tribe of Florida. That would have entitled the Tribe to reduce or stop paying money to the state.
“The Tribe is continuing to review the decision, but it looks like very good news for the State of Florida and for the Seminole Tribe,” spokesman Gary Bitner said.
And Stephen Lawson, spokesman for the Florida Department of Business and Professional Regulation, which regulates gambling, said the agency was “pleased that the Florida Supreme Court agreed with us on this important issue.”
“We will continue to follow the law,” he added.
Introduction to Nebraska Slot Machine Casino Gambling in 2020
Nebraska slot machine casino gambling consists of 21 gambling centers including commercial businesses, tribal casinos, keno locations in Scotts Bluff County, and racetracks with electronic gaming machines offering video bingo, video keno, and video poker.
No theoretical payout limits exist in Nebraska. However, you can calculate annual return statistics from info in the gaming revenue reports available from the state.
This post continues my weekly State-By-State Slot Machine Casino Gambling Series, an online resource dedicated to guiding slot machine casino gambler to success. Now in its third year, each weekly post reviews slots gambling in a single U.S. state, territory, or federal district.
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Relevant Legal Statutes on Gambling in Nebraska*
The minimum legal gambling age in Nebraska depends upon the gambling activity:
- Land-Based Casinos: 21
- Poker Rooms: 21
- Bingo: 18
- Lottery: 19
- Pari-Mutuel Wagering: 19
The state of gambling in Nebraska is one of the most unusual of any U.S. state. The Nebraska legislature has defined games of chance and gambling very differently from other states, exacerbated by the lack of a gaming commission to establish clear gaming regulations.
The Nebraska legislature states that all forms of gambling are illegal, including games of chance. However, they have been very selective when identifying what is and is not a game of chance. For example, Nebraska law does not define the state lottery, racing, bingo, keno, pickle cards, and more as games of chance.
By their definition, there are no legal forms of gambling per state law. By most other states accepted definitions of gambling, however, gambling does exist. Video keno, video poker, and video bingo are available at nearly two dozen locations around Nebraska.
*The purpose of this section is to inform the public of state gambling laws and how the laws might apply to various forms of gaming. It is not legal advice.
Slot Machine Private Ownership in Nebraska
It is illegal to own a slot machine privately in the state of Nebraska.
Gaming Control Board in Nebraska
Technically, Nebraska does not have a state gaming commission. However, it does have its Charitable Gaming Division (CGD) within the Nebraska Department of Revenue. This is where reports are for gaming revenue.
These Nebraska gaming revenues come from Keno, Pickle Cards, Bingo, and Lottery/Raffle. Total dollars wagered in the last full fiscal year was over $260 million. It’s worth mentioning that 90% of this gaming revenue came from Keno.
The Keno Tip Line at 877-Tip-Keno (877-847-5366) is an excellent example for Nebraska’s need for clear state gaming regulations. With this tip line, the Division asks you to call if you suspect any gaming wrongdoing, including:
- A player allowed to bet on credit
- Keno workers playing keno while on duty
- Minors (under age 19) allowed to play keno
- An irregularity in the winning number selection process (ball draw)
The CGD states this tip line is the first step to help them make sure all keno games are fair. Using a tip line to enforce gambling law violations seems less than useful. Why? Because voluntary notification after a violation occurs is not only the first step but also the last step without adequate state gaming regulations to protect keno players and keno players only.
There have been attempts to establish a state gaming commission. In 2004, a proposed state statue to regulate gaming failed with less than 48% of those voting. Measure 420 or, alternatively, the Nebraska Gaming Commission and Casino Regulation Initiative, would have permitted communities to authorize games of chance and the use of gaming devices at casinos, racetracks, and establishments that sell liquor on the premises.
Casinos in Nebraska
There are 21 gambling centers, elsewhere known as casinos, in Nebraska. Of these, four are racetracks, not all with gaming machines, and another five are tribal casinos. The remaining twelve gambling centers are bars, taverns, and other small businesses.
The largest casino in Nebraska is Ohiya Casino & Resort with 410 gaming machines.
The second-largest casino is Rosebud Casino with 250 gaming machines.
Commercial Casinos in Nebraska
The 16 commercial gambling centers include five county-owned keno locations in Scotts Bluff County, seven small businesses across Nebraska, and four racetracks with electronic gaming machines.
The five keno locations owned by Scotts Bluff County in the towns of Scottsbluff, Mitchell, and Morrill are:
- Back of Rack’s Bar & Grill in Scottsbluff located 98 miles northeast of Cheyenne, Wyoming and 19 miles from the Wyoming-Nebraska border.
- Company Bar and Grill in Mitchell located 96 miles northeast of Cheyenne, Wyoming and 12 miles from the Wyoming-Nebraska border.
- Main Parlor in Scottsbluff located 98 miles northeast of Cheyenne, Wyoming and 19 miles from the Wyoming-Nebraska border.
- Redz Bar & Grill in Mitchell located 96 miles northeast of Cheyenne, Wyoming and 12 miles from the Wyoming-Nebraska border.
- Rustic Tavern in Morrill located 92 miles northeast of Cheyenne, Wyoming and 6 miles from the Wyoming-Nebraska border.
The seven small businesses having electronic gaming machines in Nebraska are:
- Brownies Watering Hole Keno in Papillion located 12 miles southwest of Omaha.
- Hastings Keno Bar and Grill in Hastings located 27 miles south of Grand Island.
- Hop House Bar and Grill in Papillion located 15 miles southwest of Omaha.
- Jerzes Sports Bar & Keno in Papillion located 16 miles southwest of Omaha.
- Ralston Keno in Ralston located 8 miles southwest of Omaha
- Rosebud Casino in Valentine located 140 miles north of North Platte on the South Dakota-Nebraska border.
- Winners Lounge and Keno in Omaha.
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Nebraska’s four racetracks, only one of which offers electronic gaming machines, are:
- Fonner Park in Grand Island with its Fonner Keno Casino and Sports Lounge located 147 miles west of Omaha.
- Horseman’s Park in Omaha.
- Lincoln Race Track in Lincoln located 67 miles southwest of Omaha.
- Platte County AgPark in Columbus located 91 miles west of Omaha.
Tribal Casinos in Nebraska
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Nebraska’s five tribal casinos are:
- Iron Horse Bar & Casino in Emerson located 24 miles west of Sioux City, South Dakota and 9 miles from the South Dakota-Nebraska border.
- Lucky 77 Casino in Walthill located 26 miles south of Sioux City, South Dakota and 9 miles from the Iowa-Nebraska border.
- Native Star Casino in Winnebago located 20 miles south of Sioux City, South Dakota and 6 miles from the Iowa-Nebraska border.
- Ohiya Casino & Resort in Papillion located 87 miles west of Sioux City, South Dakota and 4 miles from the South Dakota-Nebraska border.
- Prairie Flower Casino, an Iowa tribal casino, in Crater Lake located 9 miles north of Omaha on the Nebraska-Iowa border.
Other Gambling Establishments
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As an alternative to enjoying Nebraska slot machine casino gambling, consider exploring casino options in a nearby state. Bordering Nebraska is:
- North: South Dakota Slots
- East: Iowa Slots and Missouri Slots
- South: Colorado Slots and Kansas Slots
- West: Colorado Slots and Wyoming Slots
Each of the links above will take you to my blog for that neighboring U.S. state to Nebraska.
Our Nebraska Slots Facebook Group
Are you interested in sharing and learning with other slots enthusiasts in Nebraska? If so, join our new Nebraska slots community on Facebook. All you’ll need is a Facebook profile to join this closed Facebook Group freely.
There, you’ll be able to privately share your slots experiences as well as chat with players about slots gambling in Nebraska. Join us!
Payout Returns in Nebraska
No payout return limits are available for electronic gaming machines in Nebraska. Actual gaming statistics for Keno is available for the fiscal year. Annual reporting of gaming revenues show gross earnings and number of licensees by county.
However, annual reports are available at the CGD, where the latest report is from 2019. The report shows gross wagered and prizes paid. With these statistics, we can calculate return statistics for each game. They are:
- Bingo (Class I games): 86.1%
- Bingo (Class II games): 66.8%
- Bingo (Total): 70.9%
- Pickle Cards (Class I games): 83.9%
- Pickle Cards (Class II games): 68.0%
- Pickle Cards (Total): 71.0%
- Keno: 76.1%
- Lottery/Raffle: 34.6%
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The highest return percentage went to Class I bingo games at 86% while the lowest return went to lotteries and raffles at 35%.
Summary of Nebraska Slot Machine Casino Gambling in 2020
Nebraska slot machine casino gambling consists of 21 gambling centers mostly offering video keno. Of these, one racetrack has electronic gaming machines. Five centers are tribal casinos. The remainder are small businesses such as bars and taverns.
No limits for payout returns have been legally set. However, annual gaming revenue reports have gross wagers and prizes paid for manual calculation of return statistics.
Annual Progress in Nebraska Slot Machine Casino Gambling
In the last year, there has been little change to the slots gaming industry in Nebraska.
Related Articles from Professor Slots
Other State-By-State Articles from Professor Slots
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By Jon H. Friedl, Jr. Ph.D., President
Jon Friedl, LLC