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GAMING STUDY: Analysis of Current and Potential New Gaming Activities in North Carolina

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GAMING STUDY: Analysis of Current and Potential New Gaming Activities in North Carolina GAMING STUDY: Analysis of Current and Potential New Gaming Activities in North Carolina Prepared for North Carolina Education Lottery March 16, 2020 Executive Summary Pursuant to Senate Bill 574, the North Carolina Education Lottery (“NCEL,” “the Lottery” or “Client”) engaged Spectrum Gaming Group (“Spectrum,” “we” or “our”) to “provide an independent analysis of current North Carolina gaming activities (including those prohibited by law), potential new gaming activities and whether a Gaming Commission should be created in North Carolina.” I. Prohibited Gaming in North Carolina Unregulated gaming – which includes that which is expressly illegal and that which falls into a “gray area” of the law – is rampant in North Carolina, as it is in many states. Tens of thousands of unregulated gaming machines operate in plain sight throughout the state. Because they are unregulated enterprises, the operators of such gaming devices do not pay a State gaming tax and are not subject to the customary gaming rules and regulations established by the State of North Carolina and the Eastern Band of Cherokee Indians. Most significant, illegal operators, by definition, are not subject to abiding by a core principle of legalized gaming throughout the United States: That a license to operate gaming is a privilege limited to those who demonstrate their good character, honesty and integrity. Further, illegal sports betting will compete with the legal sports betting expected to commence this year at the Harrah’s Cherokee casinos. Those games already compete to varying degrees with – and on an unlevel playing field against – the following authorized forms of gambling: 1. Traditional lottery, which is operated and regulated by the North Carolina Education Lottery. 2. Tribal gaming, which is offered and regulated by the Eastern Band of Cherokee Indians (“EBCI”) at its Harrah’s Cherokee Casino Resort and Harrah’s Cherokee Valley River Casino & Hotel in the western part of the state. Games include slot machines, table games, and poker; sports betting could commence later this year. Both casinos are operated by Caesars Entertainment under agreement with the EBCI. 3. Charitable gaming, which is offered by registered organizations and regulated by the Alcohol Law Enforcement (“ALE”), a division of the Department of Public Safety. Games include bingo,1 raffles and “game nights.” 1 Low-stakes, non-charitable “beach bingo,” an activity Spectrum would characterize as social gaming, is also authorized in North Carolina. North Carolina Gaming Study ii North Carolina law states that it is illegal for any person or organization to operate a game of chance or to play or bet on any game of chance that involves winning money, property or anything of value absent State authorization. Gambling is punishable as a Class 2 misdemeanor. Alcohol Law Enforcement Gaming Unit Special Agents are directly responsible for enforcing criminal laws pertaining to alcohol, controlled substances, tobacco, lottery, bingo and gambling. Specific gambling violations in the statute, Article 37, Chapter 14, include: • Advertising and / or dealing lotteries as an unlicensed agent • Selling “numbers” tickets, such as raffles and certificates • Establishing or participating in a pyramid scheme • Allowing illegal gambling on one’s property or business • Dealing illegal slot machines and/or gambling tables • Manufacturing illegal slots and/or gambling devices Moreover, it is illegal to operate any slot machine or device where the user may become entitled to receive any money, credit, allowance, or anything of value. A slot machine is a device where players insert coins, slugs, or tokens and the game of chance may result in winning money or something of value. The statute further provides that it is also illegal to manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport or to permit the operation of, any slot machine. It is also illegal to allow slot machines to be stored on one’s property for use.2 Through interviews, research and our experience studying all manner of gaming throughout the country, Spectrum endeavored to understand the extent of unregulated gaming machines, sports betting and pari-mutuel wagering in North Carolina. We also sought to calculate the potential revenues these forms of gaming are generating, as well as their potential State gaming-tax receipts for the State of North Carolina. There are two primary caveats with this exercise: 1. It is impossible to know the precise extent or performance of unregulated gaming in North Carolina. We developed reasonable ranges based on our research and experience for the purpose of showing the possible size of these activities in North Carolina, which may help the State establish public policy toward expanded legal gaming. 2. We provide our estimates of revenue and tax receipts of unregulated gaming activities “as is”; i.e., we estimate them in their current, unregulated state. If they 2 General Statutes, Article 37, section 14-301. North Carolina Gaming Study iii were to become legal and regulated, the revenues and corresponding tax receipts could be significantly higher, because they would be well marketed and advertised. The following table summarizes our findings and estimates regarding unregulated gaming in North Carolina: Table A: Potential performance range, State annual fiscal receipts from unregulated gaming in North Carolina State Annual Gaming Estimated Assumed State Distribution Channel Fiscal Segment Performance Gaming-Tax Rate Receipts Range Gaming Estimated 90,000 games at retail $456M to $1.7B $137M to 30% of GGR Machines locations in estimated 90 counties in GGR $500M $193M to $237M $31M to Sports Betting Online, local bookmakers 16% of GGR in GGR $38M Pari-Mutuel Handle: $13.7M $0.137M to Online 1% to 2% of handle Horse Racing Takeout: $3.0M $0.274M Source: Spectrum Gaming Group. GGR = gross gaming revenue. In total, illegal gaming could be a nearly $2 billion industry in North Carolina and thus depriving the State of as much as $538 million in State gaming taxes. II. Gaming Today in North Carolina There are three forms of legal gaming today in North Carolina, as follows. North Carolina Education Lottery The North Carolina Education Lottery commenced operations in 2006 with the sale of its first scratchoff tickets. By the end of 2006, NCEL began selling Powerball and other jackpot and draw games. NCEL surpassed the $1 billion threshold by its second year and has continued to experience steady growth. A brand revitalization campaign to freshen its existing product portfolio has resulted in increasing total sales by more than $1 billion since 2014, surpassing the $2 billion sales threshold in 2016, then reaching $2.86 billion in FY 2019. As with all lotteries, when gross sales increase, the corresponding net revenue or earning to the state increases as well. In FY 2019, NCEL raised $709.2 million for education programs in North Carolina. Scratchoff tickets continue to be the Lottery’s most popular product, generating $1.91 billion in sales, or 66.8 percent of total sales. The Lottery launched 57 new scratchoff games during the year. It is noteworthy that NCEL has accomplished steady growth in gross sales and earnings directed to the State without significant increases in its administrative expenses, particularly payroll and advertising, thus growing its operating margin. In the last five fiscal years, NCEL has added only six employees while increasing game sales (operating revenue) by more than $1 billion. North Carolina Gaming Study iv NCEL has outperformed lottery industry trends. In 2015, the Lottery offered the first $30 price point for scratchoff tickets to be offered in North Carolina. NCEL offered its first scented scratchoff ticket in 2015, when it developed the BBQ Bucks ticket. It is this type of continued effort to innovate that will lead to continued success for NCEL in the future. At the end of 2019, NCEL had a total of 7,049 lottery retailers. Since the introduction of Carolina Keno in 2017, NCEL has grown the number of bars and restaurants. Growing the number of bars and restaurants offers a significant growth potential both for traditional lottery products and potential new products like sports betting. Spectrum recommends that NCEL continue to focus on recruiting bars and restaurants to not only sell traditional lottery products but also as a potential vehicle to grow other game offerings. Cherokee Casinos The Harrah’s Cherokee casinos, owned by the EBCI and operated by Caesars Entertainment, are collectively a major gaming operation by any standard. The Cherokee resort in Cherokee has 1,108 hotel rooms – making it the largest hotel in the state – along with more than 3,100 slot machines, 147 live table games including poker, and, expected this year, a sportsbook. It has myriad non-gaming amenities, including a 3,035-seat event center. The smaller and newer Valley River in Murphy includes 300 hotel rooms, 1,023 slots, 62 live table games, and, expected this year, a sportsbook. The combined Cherokee casino operation generates estimated net revenue of approximately $900 million per year, with 70 percent of that amount being generated by the flagship Cherokee resort, making that property one of the highest-grossing casinos in the country. The EBCI has invested more than $1.2 billion in its casinos, excluding a current $330 million expansion that includes a 725-room hotel, 83,000 square feet of conference space, and a 2,000-space parking garage, expected to be completed in 2021. Both Cherokee casinos are major employers, with the larger Cherokee casino employing roughly 3,000 and Valley River roughly 1,200. The Cherokee expansion will create another 400 permanent jobs, and the sportsbooks at both casinos will create a combined 50 permanent jobs. Charitable Gaming There are three types of charitable gaming in North Carolina, all of which are overseen by Alcohol Law Enforcement (“ALE”), a division of the Department of Public Safety: • Game nights usually consist of casino-type games such as roulette, blackjack, poker and craps.
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