Casino Has No Live Racing & Adds New Gambling Restrictions .by Jack Swint & Sam Webber WestVirginiaNews@gmail.com
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If you haven’t read the 173 page "emergency rule" presented by the Lottery Commission on July 27 2009, you may want to download it from the below link and take the time to carefully examine it. It sets the stage for changes in WV statutes concerning the mandated law that any casino in West Virginia must also provide live racing on site with slots & table games.
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Why was it an emergency? So the powers to be could fast track it in front of the 2009 legislature session. The document also re-visits other rules and laws to do with anyone who writes bad checks to a casino and who can be barred from entering.
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First and foremost, we stand corrected from a previous story that stated live racing would never go away in WV casino’s because of the millions it generated into the local community economy from racing related sales by local merchants… With the new legislation, live racing could be phased out over time.
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Their request, titled "Limited Gaming Facility Rule" for a historic resort hotel, was filed in the Secretary of States Office on July 27 of this year. It specifically addresses WV code 29-25-5 with amended changes "and adopts new language."
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In this proposed emergency rule, it defines in legal lingo their reason for this needed change.
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"The 2009 Regular Session of the West Virginia Legislature repealed, added, or amended and reenacted most sections in Article 25, Chapter 29, which controls the licensing, regulation, and oversight of one limited gaming facility at one historic resort hotel. Since the voters of Greenbrier County have voted to permit a gaming facility in its county, it is possible that a limited gaming facility license may be granted.
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Given the drastic changes made to W. Va. Code 29-25-1 et seq., there will be a substantial disconnect between the newly amended Act and the rules unless the rules are immediately changed.
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The purpose of the proposed emergency rule and the identical legislative rule is to ensure consistency between the Act and the rule, so as to better regulate the limited gaming facility and all licensees associated with it."…
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OK, our interpretation to the amended law is that the state wanted to quickly put in a casino at the Greenbrier Hotel. To differ from the other 4 casino's, they only allow people who stay at the resort to gamble. Like a private resort, and gambling is part of the package deal..
This also allows the state to get around any horse or dog racing that is mandated for casino operations. It's a legal loophole to by-pass live racing legislative law that has been in effect for the past 30 years.
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Will this plan actually fly? Well, on September 4th, 2009 Governor Joe Manchin presented new Greenbrier Resort owner Jim Justice with its casino license, calling it "a proud day for the employees and the people in Greenbrier County."
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According to a Daily Mail newspaper story, "Manchin pointed out that The Greenbrier's license varies from other casino licenses issued by the state because it has a human resource account built into it. A portion of the receipts will help fund hotel employee benefits."
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He also forgot to mention that it’s unlike any other casino in WV because:
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1. You have to be a registered guest at the Greenbrier Hotel to gamble. Which won’t help most of the local Greenbrier County economy or give a chance for new business. Especially motel and or restaurants etc.
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2. There will be no live thoroughbred or greyhound races at this casino which is mandated by WV law.
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The casino project is required by law to create at least 100 new jobs. "I am confident The Greenbrier will do a fantastic job, Manchin said. "I think it is going to be a tremendous added value to The Greenbrier."
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How The Casino Revenues Will Be Dispersed
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The casino will retain 47 percent of gross terminal revenue from the video lottery terminals and 65 percent of gross receipts from the table games. 36 percent of gross terminal revenue from the video lottery terminals and 30 percent of gross receipts from the table games will go to the state. 17 percent of gross terminal revenue from the video lottery terminals and 5 percent of gross receipts from the table games will help fund The Greenbrier employee benefits but not casino employee benefits.
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Most of the state's share of revenue from the casino 64 percent will go to the state's general revenue fund, while 19 percent will go to a state debt reduction fund, according to a chart provided by Manchin.
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Other entities that will receive funding from the state's share and the percentage. Greenbrier County, 4 percent; the tourism promotion fund, 3 percent; White Sulphur Springs, 2.5 percent; other Greenbrier County municipalities, 2.5 percent; other West Virginia municipalities, 2.5 percent; and other West Virginia counties, 2.5 percent.
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There is no mention of any monies going to the Racing Commission....
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New Owners Of The Greenbrier Hotel
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According to Secretary of State records, businessman Jim Justice now owns the Hotel property when he obtained it from CSX Railroad Corporation for $20 million in a bankruptcy bailout agreement.
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Before filing for bankruptcy, CSX had been lobbying the West Virginia Legislature for years to allow casino gambling at The Greenbrier, arguing that gaming would dramatically increase occupancy of the resort during the winter off-season. Under the original plan, the former secret underground bunker would’ve been converted into a high-end casino.
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CSX is probably kicking themselves for agreeing to sell. If they had just held out a few months longer, Governor Manchin would have been handing them the new casino licensee. Or, maybe they just didn’t know how WV fast track politics can work when needed.
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Mr. Justice purchased the property in or about March 2009 and the lottery commission filed for its emergency rule change in July and the casino license was issued this month. He plans to have a temporary casino up and running in October.
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That is fast tracking at its best.
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In Justices own words during his media interview, "I don't know how this story cannot turn out to be great. I don't try to impose my conviction on anyone, but, I believe the Good Lord is guiding this whole process."
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Were not sure that the Good Lord supports gambling, and or the sordid activities it brings with it, but maybe he has changed his views since destroying Sodom & Gomorrah."
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Which brings us to this part of the story…
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Other Interesting State Laws For All Casinos’ Within The Emergency Rule Request
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In most circumstances it is against the law to write a bad check in West Virginia. You can go to jail. But, lawmakers have deemed it OK if your in a WV casino and write a worthless check, they consider it giving you credit!
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On page 165 of the emergency rule PDF, State law 179-4-160.1 dictates that anyone who writes a bad check to a WV casino for money to gamble on, is handled the same way that the casino handles giving credit to patrons.
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Also, the same law, in 160.5.states that, "A returned check is considered the issuance of credit and shall be handled in accordance with the collection of credits." Luckily, they also state that anyone who does write a bad check cant have any further "credit" until the debt is paid off. With today’s banking system, a person could probably only write 3 to 4 checks, or one big one, before it is noticed.
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On pages 166 to 167, State statute 179-4-171 provides for an "Exclusion List; Duty To Exclude" and statute 179-4-173.1 details the criteria for who should be excluded from entering a casino…
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"The person has been convicted of a felony in any jurisdiction or has been convicted of a misdemeanor in any jurisdiction involving gambling theft, dishonesty, or fraud." Which would include a lot of people who go to casinos, including this author, and Earl Tomblin Sr. who is a multi-convicted felon.
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Conclusion
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The citizens of Greenbrier County WV voted to allow casino gambling at the Greenbrier Hotel. It’s not sure at this writing if they knew that patrons at the casino had to be a registered guest at that hotel. If gamblers were allowed to stay at local motel/hotels, it would increase revenues for local business too.
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If you can afford to stay at the Greenbrier hotel, you most likely won’t leave the resort facilities there to venture out into the surrounding areas unless you’re arriving to or leaving the Greenbrier.
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Will the opening of this casino be the only WV gambling establishment in the state to not have live racing? Or is this the beginning of the end of thoroughbred and or greyhound tracks.
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Most people will be pleased if the greyhound dog tracks would go away because of the reported abuse and injuries that these dogs face throughout their racing careers. But, the thoroughbred track in Charles Town is just as historic to most WV native citizens as the Greenbrier Hotel.
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End Of Story
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Jack Swint & Sam Webber
WestVirginiNews@gmail.com
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Emergency Rule PDF Application
http://www.wvsos.com/adlaw/emergency/179-04er.pdf
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Our Recommended News Websites:
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Huntington News.Net
http://www.huntingtonnews.net/index.html
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The WV Examiner
http://www.examinewv.com/
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Ironicus Maximus
http://ironicusmaximus.blogspot.com/
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9 comments:
Hey Swint, how do you find these stories? I bet Gov Joe Manchin would offer you a job just to get you to leave him and all the corruption in this state alone.
Keep writing!!
Holy Crap!
I have got to read this thing over again and hope to God the people of West Virginia "have seen the light".
Exposure in the media always kills the bacteria.
Keep it coming, Jack and Sam.
Jack, when are all these criminals going to get tossed into jail?
This is just one more distraction for Manchin's Houdini Act.
Better watch this guy. He'll go "missing" and he'll be living the life of Riley somewhere in the tropics.
In the meantime, tell Tomblin and all those cruel Greyhound "executives" they will never be able to flee from Greyhound Rescuers who have been tortured along with their lovely Greyhounds for years. It's not just about the money; it's about unspeakable massacres of Greyhounds and the horrendous live-baiting that has existed ever since Greyhound Racing was taken over by the mob.
Read our lips you bums of yesteryears. You are all going to rot in cages far worse than even you supplied to these poor hounds. And you will be bitten , prodded and left alone for years.
And let's see if anyone will want you then.
Just another one of Manchins deals where he does what he wants even if the law says you cant.
Only good thing out of this is that there wont be another greyhound racing track.
Hopefully this is the beginning of the end for that industry.
AMEN!
Maybe politicians realize that it is time to get out of the live racing business after all of the publicity that you, and other people are bringing down on the greyhound industry.
KEEP UP THE GOOD WORK!!!
Keep the casino's and close down the dog racetracks!! Great plan Manchin and Tomblin. Its about time.
Thanks to people like Jack Swint & Sam Webber of this news website and Ironicus Maximus and all of the people accross the country who have pushed to ban greyhound racing.
If this is the beginning of the end of live dog racing in WV, the the good Lord is listening to our prayers.
Not another greyhound race track going into a new WV Casino? Thank Jesus, he has heard our cry's.
Break the law Gov Manchin, were behind you on this one!!!!
Much thanks to the author of this website for the stories that you have written in regards to the cruel and inhumane treatment of the greyhound dogs.
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