Reno’s Grand Sierra Resort Agrees to $250K Settlement With Nevada Gaming Commission

The Grand Sierra Resort in Reno has agreed to pay the Nevada Gaming Commission (NGC) a quarter of a million dollars to settle a regulatory complaint stemming from an incident last year.

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The Grand Sierra Resort in Reno has agreed to pay $250K to settle a regulatory complaint brought by the Nevada Gaming Control Board (NGCB). This week, the Nevada Gaming Commission (NGC) signed off on the resolution. (Image: Grand Sierra Resort)

The Nevada Gaming Control Board (NGCB) brought a complaint against MEI-GSR Holdings, LLC, doing business as the Grand Sierra Resort after one of its agents reported being denied prompt access to the property’s Grand Theatre during a routine inspection.

Michael Somps, a senior deputy attorney general in the Nevada Attorney General’s Office who represented the state in the matter, told the NGC that a Gaming Enforcement Division agent arrived at the Reno casino on Dec. 19, 2023. During the agent’s inspection, casino security approached the agent after he bypassed a metal detector outside the theater’s entrance.

Casino security told the agent, who had his NGCB badge and credentials displayed, that he had to relinquish his firearm before entering the theater. After about six minutes, higher-ups with the resort informed the security personnel that the gaming agent could enter the theater with his weapon.

Rare Occurrence

All establishments licensed by the NGC are subject to routine inspections. State gaming agents are to have immediate and full access to “all portions of the premises,” with the definition of premises being “curb to curb,” said Somps.

The senior deputy attorney general explained that gaming agents review areas off of the casino floor to ensure that no illegal gambling or other unlawful activity is occurring inside the licensed gaming facility.

While a brief delay for access is sometimes common, a delay of six minutes, which the agent disputed and said was longer, is an outlier according to Somps. Paired with a similar incident in 2021, where a third-party security guard hired by the Grand Sierra, blocked a gaming agent’s immediate access until he was wanded, Somps said a $250K penalty against the resort was warranted.

Licensees have a long history of complying and granting Board agents immediate access to all portions of the premises. The Board views the Grand Sierra Resort’s violation seriously and maintains that licensees and their employees understand that any Board agent be given immediate access to any portion of the premises of the gaming establishment after they display their credentials,” Somps said.

The Meruelo Group, the parent owner of the Grand Sierra Resort controlled by billionaire Alex Meruelo, didn’t contest the fine in agreeing to settle the complaint.

The $250K fine comes just days after Meruelo’s Grand Sierra donated $15K to both the Robert Mitchell Elementary School and Vaughn Middle School, both of which are part of the Washoe County School District.

Where the Money Goes 

The NGC and NGCB are responsible for the strict regulation of all persons, locations, practices, and activities associated with the state’s gaming industry. Nevada’s gaming law allows the NGC to impose fines on licensees found to be noncompliant with its regulations.

Fines received by the state gaming agency are directed to the Nevada General Fund. The $250K fine against Grand Sierra slightly offsets another decision made on Monday that determined that Nevada Restaurant Services Inc., the parent of Dotty’s gaming taverns, was owed a $3 million tax refund.

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Dotty’s Operator Wins $3 Million Tax Refund from Nevada Regulator

The Nevada Gaming Commission (NGC) unanimously voted in favor of refunding $3.12 million in overpaid taxes to Nevada Restaurant Services Inc., the operator of the ubiquitous Dotty’s gaming taverns.

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A Dotty’s gaming bar. Operator Nevada Restaurant Services is getting a couple of big tax refunds from the state of Nevada. (Image: Las Vegas Review-Journal)

As part of the settlement, privately held Nevada Restaurant Services agreed to forgo claims to $222,744 in interest, which had been building up to the tune of $446 per day. Some members of the NGC had reservations about refunding that cash to the gaming operator because it was late in filing a claim.

The Dotty’s parent is entitled to the refund because it didn’t take advantage of a Nevada gaming tax stipulation that allows operators to deduct certain promotional expenses from gross taxable revenue. Nevada Restaurant Services later figured out it was eligible to deduct.

In addition to Dotty’s, Nevada Restaurant Services runs gaming taverns in Nevada under the Bourbon Street, La Villita, Points! Casino, and Red Dragon brands.

Nevada Owes Dotty’s Parent More Money

The aforementioned $3.12 million isn’t the only refund coming to Nevada Restaurant Services by way of the NGC.

It was also discovered that the gaming bar operator is owed $1.8 million for two years of overpayments. The Dotty’s owner will accept that amount, but will forego rights to interest payments.

The overpayments occurred because NRSI failed to properly deduct wagered cashable electronic promotion amounts from its $46.9 million gross revenue. Under state regulations, companies can deduct specific promotional costs from taxable revenue, which NRSI overlooked,” reports The Las Vegas Review Journal.

There are 120 Dotty’s locations in Nevada, 80 of which are restricted gaming locations, meaning there are 15 gaming machines per venue. Twenty-seven Dotty’s taverns have as many as 40 gaming devices. None of the properties, nor any of the company’s other establishments, have table games.

How Nevada Gaming Promotion Deduction Works

Nevada’s guidelines pertaining to the deduction of select promotional expenditures are relatively straightforward, but there is some onus on operators to be diligent on this front. That includes maintaining solid documentation and performing regular testing of systems that could be applicable in the deduction claiming process.

“At least annually, all computerized player tracking, promotional accounts, promotion and external bonusing slot systems (in-house developed and vendor systems) are reviewed by personnel independent of the individuals that set up or make changes to the system parameters. The review is performed to determine that the configuration parameters are accurate and that the configuration parameters have not been altered without appropriate management authorization (e.g., player tracking system – verify the accuracy of the awarding of points based on the dollar amount wagered),” according to the Nevada Gaming Control Board (NGCB).

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Bally’s Selling Asia Digital Gaming Operations

Bally’s (NYSE: BALY) said it is selling its Asian interactive gaming business, which also operates in other markets, to a group comprised of executives from the to-be-divested entity.

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Bally’s on the Atlantic City Boardwalk. The company is selling its Asian interactive unit. (Image: Press of Atlantic City)

Financial terms of the transaction weren’t disclosed, but Bally’s noted the sale will be “neutral” to its earnings before interest, taxes, depreciation, and amortization (EBITDA). The regional casino operator announced the deal in a Form 8-K filing with the Securities and Exchange Commission (SEC) earlier today.

The financial impact of the transaction is not expected to be material to Adjusted EBITDA or free cash flow of the Company,” said Bally’s in the regulatory document. “Going forward, the financial statements of the Company will only reflect licensing and royalty revenues received from the Buyer, which are expected to be lower than revenues under the current accounting treatment, but the profitability margins associated with those licensing revenues are expected to be higher as is customary in the gaming industry for IP license business models. The expected modest decline in Adjusted EBITDA and free cash flow resulting from the transaction are expected to be mitigated by cost actions to simplify Bally’s organizational structure and other cost reductions.”

The seller added the divestment of its Asian digital operations will allow it direct focus and resources to comparable operations in Europe and North America.

Bally’s Was Previously Bullish on Asia

When examining Bally’s online gaming business, the UK segment stands out as the clear leader with the aforementioned Asia unit being a laggard relative to the UK and North America.

Following the company’s second-quarter earnings report in August, CEO Robeson Reeves highlighted strength in the UK digital operations while acknowledging some issues in Asia, but he was optimistic a turnaround in Asia was possible.

“Outside the UK, our business in Asia was challenged in the quarter as we continue to work through several logistical and operational hurdles which directly impacted players,” he said on a conference call with analysts. “We believe the Asian Interactive market remains an attractive opportunity and we will continue to work to manage and grow our position in this important region.”

Rhode Island-based Bally’s delivers third-quarter results on Wednesday, Nov. 6. It’s possible that at that time, the company will provide more color on the Asia sale.

Asia Sale Could Help Renew Focus

Standard General — the hedge fund that’s Bally’s largest shareholder — is in the process of acquiring the casino operator. It’s not clear if the buyer prompted the sale of the Asian interactive business, but with that combination looming, now would be an opportune time to shed underperforming assets.

Additionally, the sale of the Asian business could pave the way for the seller to focus on important land-based projects, including construction of its permanent casino hotel in Chicago and a new integrated resort at the former site of the Tropicana on the Las Vegas Strip.

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