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Legalized Gambling : an Overview University of Calgary PRISM: University of Calgary's Digital Repository Alberta Gambling Research Institute Alberta Gambling Research Institute 1984 Legalized gambling : an overview Beare, Margaret E.; Hampton, Howard; Canada. Solicitor General Canada. Programs Branch; Canada. Solicitor General Canada. Ministry Secretariat Solicitor General Canada, Ministry Secretariat http://hdl.handle.net/1880/41372 technical report Downloaded from PRISM: https://prism.ucalgary.ca I ~idstryof the Solicitor General of Canada MAINC / iI Hv 6710 B43 1984 i i Beare, Margaret E Ij Leqalized qamblinq : an iiI- overview - 1:' 5057 00384 7703 I 3 1: Margaret E. Beare Senior Research Officer Polic9 Research Section and Howard Hampton Research Consultant LEGALIZED GAMBLING: AN OVERVIEW I 984-i 3 The views expre- ssed in this working paper prepared in 1983 are those of the authors and are not necessarily those of the Uinistry of the Solicitor General of Canada. This barking 2aper may not be published, cited or reproduced without 2e~issionof the Ministry. This working paper is available in ~rench. Ce docwent de travail est dispnible en franqais. TABLE OF CONTENTS Chapter Title EXECUTIVE SUNMARY 1 REVIEW OF LEGALIZED GAM3LING RESEARCH Introduction Jusfifying the Legalization of Gambling 1. The Revenue Debate: A. Regressivity Quest ion B. Cost of Legalized Gambling Revenue C. Additional "Costs" ( i) Harm to Horse-Racinc Irdustry (ii) Disrespect for Gamblirg Laws (iii) Compulsive Gambling D. Dedication of Revenues Combatting Organized Criminal Involvement in Legal and Illegal Gambling: A. Lqal Gambling as Competition for Illegal Gambling Operations ( i ) Tax-Free Gambl ing (ii) Anonymity (iii) Credit Operations (iv) Better Odds (v) Simplicity and Immediacy (vi) Informal Social Network (vii) Convenience (viii) Variability B. Or~anized Criminal ~nvolvementin Lesal Gambling Operations ( i) Laundering funds (ii) "Walking-with-chips" (iii) Casino as Criminal C1l~S 11. LAW ENFORCE?ISNT AND CONTROL OF LEGALIZED GA!.IBLING 1, Effectiveness of Gambling Law Enforc2~nent 4 4 2. The Role of Commissions 46 A, Co?-~issions As Fact Finders 46 B. Co-rtissions As Regulatory Agencies 48 III. NEVADA: A CASE HISTORY The Traditional North American Casino Gambling Yodel 50 1. Historical Background to the Establishment of Ganing in Nevada 51 2. Political & Economic Pressures: Xevada Gambling Tax Revenue 52 3. Control of Casinos in Nevada: Regulatory Structure A. Gaming Commission B. Gaming Board C. Gaming Policy Committee 4. Licensing A. Who Requires A Gaming License B. Who Qualifies For A Gaming License C. Types of Gaming Licenses D. Taxation Requirements 5. Criticisms of the Nevada Model A. Discretionary Power of the Commission ( i) The Rosenthal Case (ii) Lists of Excluded Persons (iii) Appointment of Interim Supervisor B. Relationship Between the Board and the Commission C. Conflict of Interest (i) Post Employment Restrictions (ii) Industry Capture of its Regulators IV. NEW JERSEY 1. Control of Casinos in New Jersey: The Regulatory Structure A. The Casino Control Commission B. The Division of Gaming Enforcement 2. Licensing A. Who Requires A License B. Licensing Procedure C. Size of the Atlantic City Casino Industry 3. Weaknesses in New Jersey Casino Model A. Discretionary Power of the Commission ( i) Temporary Casino Permits (ii) Division Recommendation Versus Commission Decisions B. Organized Crime and Corruption: "The Mob Wades Ashore In Atlantic City". C. Failure At Land Development and Planning; ~enefits for the Elderly, Increased Employment and Environmental Concerns (i) State Land Banking (ii) Land Speculation (iii) Taxation (iv) Dominating Casino Construction (v) Employment (vi) Housing (vii) Environmental Destruction D. Failure of Customer Protection: Issues Relateding to Alcohol and Tipping i) Alcohol ii) Tipping E. Skimming, Theft and Tax Evasion F. Increase of Street Crime in Casino Environment G. Public Hearing on Statutory & Regulatory Controls over Casino Credit & Casino Industry Credit Practices i) Extent of Credit ii) Walking with chips iii) Fraud Related to Credit Practices iv) Casino Credit & Organized Crime V) Courting of "Big-Time" Gamblers vi) The Compulsive Gambler vii) Conclusion on Credit 4. Casino Taxation Revenue A. Casino Revenue Fund B. Casino Control Fund V. NEW YORK 'S DECISION REGARDING CASINOS 1. Background 131 2. New York State Studies Pertaining to Casino Gambling 133 A. 1975 - Easy Money 133 B. 1979 - Final Report of the Casino Gamblinq Study Panel (Lynch Report) 143 C. Reuter and Ruth Study 145 D. 1981 - Abram's study- 147 VI . THE SEARCH FOR AN UTOPIAN CASINO' MODEL 1. State Versus Private Control: Problems of State-Owned Casinos A. Issue of Corruption B. Conflict of Interest C. Funding for the Facilities D. The State As Casino Boss 2. British Versus American Model A. Economic Constraints B. Legal Constraints VII. LEGALIZED GAMBLING IN GREAT BRITAIN 1. Introduction 2. Gambling Policy in Great Britain: The Attitude Towards Gambling Activities 159 3. Recent History of British Gaming Law 160 A. Royal Commission on Betting, Lotteries and Gaming - 1949-51 161 B. Betting and Gaming Act 1960/Betting, Gaming and Lotteries Act 1963 163 C. The Gaming Act - 1968 165 4. Control of Gaming in Great Britain A. Enforcement Under the Gaming Act of 1968 166 (i) Restrictions Upon Gaming Under Gaming Act 1968 167 (ii) Bingo Clubs 169 (iii) Commercial Casinos 169 (iv) Gaming In Registered (Non-Commercial) Members' Clubs 171 (v) Slot Machines - Part I11 of the Gaming Act 1968 172 B. Regulatory Structure: The Gaming Board 175 C. Licensing 179 ( i) Licensing Authorities 179 (ii) Renewal of Licenses 182 (iii) Restrictions Attached to a License on Renewal 183 D. The Gaming Act 1968 and the Gaming Board: How Effective Have They Been 183 5. Betting, Bookmaking and Lotteries in Great Britain 190 A. Bookmaking in Britain 192 B. Lotteries in Great Britain 194 6. Conclusions: British Scheme of Gambling Control 202 VIII. APPLICATION OF ENGLISH LEGALIZED GAMBLING EXPERIENCE 1. Gambling Legislation in the Bahamas 209 A. Comparison Between British and Bahamas' Gambling Legislation 209 B. Licensing in the Bahamas 210 C. Restrictions on Casino Gaming 210 D. Amendments to the Lottery and Gaming Act 1969: Tightening Up the British Model 211 E. Casino Taxation in the Bahamas 212 2. Legalized Gambling in Australia A. Control of Gambling in Australia B. Types of Gambling (i) Racing (ii) Poker Machines (iii) Lotteries (iv) Soccer Pools (v) Minor Gaming (iv) Casinos C. The Casino Industry in Australia (i) Tasmania (ii) Northern Territory (iii) Control of Gaming Areas D. Betting Behaviour and Tax Revenue Gains 3. Legalized Gambling in New Zealand A. Forms of Legalized Gambling ( i) Lotteries (ii) Bingo (iii) Prize Competitions (iv) Horse-Racing B. Summary and Conclusions IX. EUROPEAN CASINO MODEL 1. Introduction: Key Features 2. Legalized Gambling in France A. Casino Gambling ( i) Control of Casino Gambling (ii) Participation in Casino and Gaming Circle Gambling (iii) Taxation (iv) Corruption B. Horse-Racing in France (i) Control of Horse-Racing (ii) Off-Track Betting (iii) Taxation C. Lotteries in France D. Conclusion: Importance of French Gambling Controls E. Additional Examples of Legalized Gambling: European Model (i) Monaco (ii) Switzerland REFERENCES BIBLIOGRAPHY APPENDIX A Three Landmark Studies as Background to Legalized Gaming B Temporary Casino Permits C Summary and Recommendation - Lynch Report D Abrams Report (vii) FOREWORD Legalized gambling is a very broad topic. Therefore, this study is limited to forms which are most relevant to Canada: casinos, lotteries, of f-track and inter-track betting, and slot machines. Bingo is not included because it is nearly uniform in regulation from place to place. This document presents descriptions and analyses of legalized gambling operations and legislation in countries which have social systems similar to Canada. The primary focus is on the United States and England, with lesser emphasis on the Bahamas, Australia, New Zealand, France, Monaco and Switzerland. EXECUTIVE SUMMARY INTRODUCTION This report was prepared in response to a request by the RCMP Senior Gaming Specialists that a study be conducted into legalized gambling in western societies. Legal gambling issues are discussed in general with an emphasis upon legalized casino gambling. An examination was made of legal gambling in Nevada, New Jersey, New York, Great Britain, the Bahamas, Australia, New Zealand, France, Monaco and Switzerland. However, this executive summary is concerned primarily with England and the United States. MODELS ANALYSED The Nevada model is a highly developed revenue producing system of casino gaming which, due to its employment impact, economic spinoffs and large tax revenues, is vital to the economy of the State. The New Jersey model was intended to enhance urban renewal, raise state tax revenues and eliminate or reduce illegal gambling operations. New York is important for the thorough exposition of the reasons for which legal casino gaming was originally proposed, and the reasons for which it was later rejected. Great Britain is a jurisdiction where legal gambling, including casinos, off-track betting shops, sports pools and lotteries, was adopted, not to increase tax reveriues or create new employment or economic benefits, but to control and curtail the development of illegal gambling. RESEARCH OBJECTIVE AND METHODOLOGY The objective of this study is to provide information on issues related to the enforcement, regulation, and con- sequences
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