Students get involed with gaming’s future in the LVBP

This week, my column in the Las Vegas Business Press looks at how a class at the William S. Boyd School of Law has helped Nevada take a step into the future of gaming, which I think is online:

People have been gambling online for 15 years now. You don’t need to be a clairvoyant to see that online play is in the industry’s future. But between now and tomorrow, there are several uncertainties. When will the United States legalize Internet gambling? How will online operations be regulated? How will prospective operators get licensed?

With an assist from a class of students from the William S. Boyd School of Law at the University of Nevada, Las Vegas, the Nevada Legislature took a step toward answering at least the last of those questions.

via Las Vegas Business Press :: David G. Schwartz : Students help push state toward Net gaming future.

I enjoyed learning about the students’ contribution–I don’t recall having heard much about it before, so I was glad to share the news.

Tectonic shift for gaming in the Business Press

Mulling over two seemingly contradictory bits of news–that the Justice Department had labeled Full Tilt Poker a “global Ponzi scheme” and that the AGA was launching a renewed push for the legalization of online poker–I got to thinking. It’s a dangerous pastime, I know, but in this case it led me to my latest column for the Las Vegas Business Press:

Gambling online and by mobile devices seems to be on the march. Despite a still-simmering online poker scandal, it now appears that its only a matter of when Internet poker is legalized, and last week the Nevada Gaming Commission approved two expansions of sports betting. To some, this is a surprise, but it shouldnt be: Smart players are just adapting to the latest technology, as they have been for millennia.

Gambling shifts to suit the times arent just inevitable — theyre a smart response to changing conditions.

via Las Vegas Business Press :: David G. Schwartz : Tectonic shift for gaming seems poised to come.

The Nevada legislature–which doesn’t exactly have a sterling reputation as a forward-thinking, pro-active body–first addressed online gaming ten years ago. I wonder how much longer it will take for Congress to do the same.

Gaming evolving to web/mobile in LVBP

I’ve got a new piece up in the Las Vegas Business Press about how the current debate over legalizing online gaming in Nevada is really informed by the past development of gaming in relation to technology. But I don’t think it’s as boring as it sounds:

With the current debate over Assembly Bill 258, which would legalize online poker in Nevada, we’ve been hearing a great deal about how online is the future for gambling. But getting involved with online gambling really isn’t such a dramatic departure from the past. Gambling has always evolved. And, for the past 80 years, Nevada has evolved along with it.

via Las Vegas Business Press :: David G. Schwartz : Technology keeps pushing betting, now toward Web.

I really think it’s a question of when, not if Internet gaming is legalized. With our current economic and fiscal position, the phrase “there’s no time like the present” comes to mind.

Inside the NJ Internet gambling law

You might not have heard, but the New Jersey legislature voted to legalize Internet gaming. The bill in question (S490) passed both houses and awaits Governor Christie’s signature. So what does it mean?

The new law changes the Casino Control Act to permit Atlantic City casinos to offer gambling over the Internet to residents of New Jersey and those who live outside the United States.

To play, gamblers must first establish an account with the casino.

The computers, servers, monitoring rooms, and hubs must be housed in a “restricted area” in a casino or in an off-site location that is still in Atlantic City.

Things get tricky with taxation. There’s a gross tax on wagers of 8% (same as for regular gambling), with a 30% investment alternative tax and a 15% investment alternative–a 52% effective tax rate. According to the bill, CRDA can use that money to support racetracks in other parts of the state.

Within a fiscal year of sports betting being implemented in New Jersey, the investment alternative tax falls to 10%, and the investment alternative to 5%, leaving a much more manageable 23% effective tax rate. Subsidies to the tracks also stop then. Seems like the horsemen have a real incentive to block any sports-betting law, and the casinos have a big incentive to push it.

Applicants have to verify their name and residency before opening an account and gambling.

None of the following people can bet online:
(1) the Governor 1or Lieutenant Governor1;
(2) any State officer or employee or special State officer or employee;
(3) any member of the Judiciary;
(4) any member of the Legislature;
(5) any officer of Atlantic City; or
(6) any casino employee, casino key employee or principal employee of a casino licensee.

Bad news for casino employees who were hoping to unwind by playing legal online poker in their off-hours. This seems a bit onerous.

If money in an account sits dormant for too long (a period that’s not specified in this law), the casino must contact the holder (“by mail, phone, and computer”) and, if it doesn’t get a reply, must close the account, with 50% of the account’s value going to the state, 50% to the casino. Didn’t Christie suggest stores do this with gift cards, too?

There are some problem gambling controls:

The words “If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER,” or “some comparable language approved by the commission, which language shall include the words “gambling problem” and “call 1-800 GAMBLER,”" must be “prominently and continuously displayed to any person visiting or logged onto Internet wagering.” It’s like a surgeon general’s warning on cigarettes; hopefully it has more impact.

An account holder can establish a loss limit, beyond which he can’t gamble anymore, or cap his max bet, or suspend his account temporarily or permanently. While in suspension, casinos can’t market to him.

There’s a lot of material in the bill that hasn’t been widely reported on–I suggest you read it for yourself.

Online gambling, taxes, and regulation

Some federal debate on legalizing and taxes online gambling, from the LVRJ:

Democrat Shelley Berkley said she backs legalizing Internet gambling, but said it is too early to think about taxing it.

“Because the industry is not even established yet, I can’t imagine how we can know with any degree of certainty how the special tax would affect operators or customers,” she said.

“Let’s legalize Internet gaming, regulate it, and watch the industry develop and grow in the United States,” she said. “This is not the place to find (revenue) nor the method to get at it. I strongly believe that our economy, our consumers, and the future U.S. internet gaming industry will be better served by legalization and regulation — not by taxation.”

ONLINE GAMBLING: Promise of big money fails to lure support for online gaming – Business – ReviewJournal.com.

I think that Berkley is right on here. There are some great arguments for legalizing online gambling; filling budget gaps isn’t one of them. From a philosophical point of view, I’d say the most compelling argument for legalization is that, like gambling at casinos, this is something that Americans want to do, and that most people can do without causing harm to themselves or others. If you’re looking at it as a form of entertainment, it’s no different than spending the money on buying digital downloads of media content; if you’re looking at it as gambling, it’s no different from buying lottery tickets, which many people can do at convenience stores in their own neighborhoods. Is there really a moral distinction between buying lottery tickets and playing $0.10/$0.20 Hold’Em online? If anything, online poker’s the better choice, because at least it can help people develop their math skills.

What about the money? Would legalizing online gambling bring state budgets back into the black? I don’t see how that’s possible. A little while ago, I took on this issue in a post called The Virtue of Vice. In the next fiscal year, states are facing a combined $89 billion budget shortfall. If you accept the $72 billion-over-ten-years figure for online gaming revenues, it should be clear that even if you took ten years worth of all of the revenues for online gambling and turned it over to the states, it wouldn’t get them out of the red, even for a single budget.

If we had total state tax revenues of $3 billion from online gambling this year, it would cover a little more than 3% of the current combined budget shortfall.

Crunching McDermott’s few numbers (states and tribes will keep $30 billion out of $72 billion) shows that he’s projecting a tax rate of nearly 42%. That’s pretty high (well above Nevada’s 6.75% rate), and I’m not sure that a fledgling industry can support that kind of tax burden. Maybe it can, but as Berkley suggests, it’s impossible to say until we actually know what the industry’s going to be like.

Squeezing the lottery

There’s a right reason for legalizing expanded gambling and a wrong reason. The wrong reason is, “the state needs more money.” Guess what’s afoot in Illinois? From the Chicago Tribune:

Hoping to squeeze more money out of the state lottery, Illinois Senate President John Cullerton wants to sell tickets online and hire a private company to manage and market the games.

Cullerton thinks new technology and fresh ideas could help Illinois — facing what could be a $9 billion hole in next years budget — dramatically boost lottery revenues.

"I would venture to say you could potentially even double it," the Chicago Democrat said in a recent interview with The Associated Press.

But lottery experts are skeptical, noting Internet sales could raise legal questions and might not attract many new customers because lottery tickets already are so easy to buy.

Senate president hopes to expand Ill. lottery — chicagotribune.com.

Even if you tripled the state’s lottery sales, you’re still getting about $300 million in revenues. That’s nowhere close to $9 billion. So why even consider expanding the lottery for budgetary reasons? It’s not going to help enough to make a difference.

If the state believes that its citizens, as responsible adults, should have the right to buy lottery tickets online, so be it. But just throwing the magical gambling switch without regard to anything but a possible increase in revenues is a recipe for a public policy disaster.

The world according to gaming research

This is fun: a story from KLAS about online gaming has made the rounds of the internet, and somehow, after being run through a translation program a few times, wound up on what appears to a link farm for online gaming sites. I’m posting it in its entirety, not because of the content, but because of the fantastically twisted language:

As the topic becomes more and more popular we are also going to examine some questions in order to help an online gambler.

As reported by KLAS-TV: “Strip casinos be the subject of been struggling lately to observe up their gambling revenues.Fewer humbler classes are visiting Las Vegas and that property unruffled less are gambling.But could the cure in favor of the downturn subsist reaching public to would-be gamblers in their allow homes?

“Online gambling sites furnish the same variety of games that utmost Strip casinos translate — from sports betting, to poker and unruffled bingo.But progression laws take care of online gaming completely of the U.S., somebody that many casinos supported.But a considerable number are since since it of the same kind with any opportunity.

“The mistake to the internet-based casino would subsist only a clink not present, and the tables are filled through glowing players.Online casinos be obliged been giving gamblers a place to play free from the trip to Las Vegas during the term of years, on the other hand play is nor one nor the other legal nor regulated.

We have already given you several details in the beginning of this article, now we want to develop the topic.

“…When the sites before anything else began in the 1990’s, the big casinos feared they would attract away players, if it were not that after this they are vision the possibilities.If the laws are changed, existing casinos would likely have existence licensed judgment cross-border based sites, aperture the door in quest of fruitful names approve MGM and Harrah’s to influence unused gamblers.

“‘Having legal online gaming would really help the Strip casinos accompanying their marketing.It would cure them procure loudly who is stakes on the outside there,’ reported David Schwartz by the side of UNLV’s Center according to Gaming Research…”

After summing up all that we have spoken about you will realize that all this will be with you during your lifetime.

New slots machines » Blog Archive » Online gambling sites offer the same variety of games that most Strip casinos.

I think I want to rename my place of employment the “Center according to Gaming Research.” It’s much more interesting. And I look forward to seeing the casinos procure loudly who is stakes on the outside there.

The whole thing reminded me of a Damon Wayans sketch from In Living Color, in a good way. I’ve got to start talking like that from now on.

And the article’s coda, “you will realize that all this will be with you during your lifetime,” of course brings to mind “future events like these will affect you in the future” from Ed Wood’s opus Plan 9 from Outer Space.

G2E and the industry’s future

This week my job is to spend too much time at the Las Vegas Convention Center, walking the exhibit halls and stalking the conference rooms of the Global Gaming Expo. Here’s a takeaway from the first day, from KLAS:

The economy took center stage at the largest gaming conference in the world that opened in Las Vegas. But the nation's economic struggles may actually be a win for the expansion of the gaming industry.

These days almost anything is just a click away except legal gambling. For that, you must walk into a licensed and regulated casino. Next year that may change when congress goes back into session, according to American Gaming Association President and CEO Frank Fahrenkopf.

"Looking at our industry in hard times, it is a way to provide some revenue for state government," he said.

Nevada alone faced a $1 billion deficit this year. The federal government deficit makes that look like pocket change.

As the lobbyist for the gaming companies, Fahrenkopf says the internet may be the solution. He believes a bill setting up federal regulation and taxation of legal internet gambling can pass in 2009.

"Having $8 to $15 billion, as the offshore folks say, is there in new taxes has to look very, very inviting to a new congress," he said.

Las Vegas Now | Insiders Look to Online Betting as Big Business.

As I’ve been saying for years, there’s simply too much money in online gaming for the industry–and for states–to let it go untapped for long. But I have an issue with the $8 to $15 billion in government revenues figure floated there. I’d like to try to deconstruct this estimate and come close to a better figure, using just logic and educated guesswork.

In 2007, Nevada casinos “won” $168 million from 907 poker tables, yielding state tax revenues of slightly less than $13.5 million. Poker is not a big money-maker for Nevada casinos: by contrast, the state’s slots took in $8.5 billion.

But the online poker market will be much larger. Let’s say that customers will spend $10 billion on online poker in a year. That’s more than double the entire take for Atlantic City casinos in a year and one-eighth of the current total national gambling win, but we’ll think big here. Poker players are winning and losing that money to each other. The house is only collecting a “rake” from each pot. This money is going back and forth between players, and each time, the house takes its cut.

I’m going to be generous to the industry and suggest a 10% rake–players, I know you won’t like this, but this is just a thought exercise.

Out of $10 billion wagered in pots in a year (and won by players), the house would keep 10%, or $1 billion. From that billion dollars they’ve got to pay their bills and, hopefully, leave a little something for profit. Before you say “that’s a lot of money!” remember that this is for the entire industry, and they’ve all got IT guys to pay, plus hopefully something left for the shareholders.

But before they can drive that money off to the bank, the state has to take a cut. If online gaming is taxed at the going Nevada rate, we’re talking about an effective tax rate (figuring in licenses and per-game costs) of 8% or so. So out of that $1 billion won by all casinos, the state gets $80 million.

If, however, we assume that the industry would assent to a higher tax rate, let’s say 20%, you get $200 million collected in taxes in a year when $10 billion is wagered on online poker (again, with a very high average 10% rake).

Right now, that would barely make the Clark Country School District solvent, let alone put a dent in Nevada’s budget deficit. But wait, that $200 million won’t all go to the Silver State: we’ve got to assume that if other states are letting their citizens gamble online (and not play at state-taxed casinos), they’ll want a cut. So that $200 million is spread out over the entire country.

I think my math here is sound, and my assumptions about rake and tax rates are, I think, at the high end.

So can someone explain to me how online gambling is going to generate even $8 billion in taxes a year, as was mentioned above? I’m not at all being sarcastic–I’d really like to know if there are some data points I’ve missed. According to my calculations, people would have to bet $400 billion on online poker to get $8 billion in annual tax revenue. That’s more than five times the total combined annual take for all kinds of gambling in the United States.

According to my calculations, that about $1.3 million per capita for the entire population of the United States. So unless each of us has been sitting on $1.3 million in mattress money that we’ll play online (and that money would have to magically renew itself each year), I honestly don’t see how a figure of $8 billion in revenues is defensible. I’d say that $200 to $500 million in state tax revenues is possibly in the ball park but still optimistic, given that we don’t even have solid figures on the size of the industry.

Common sense would seem to suggest that allowing people to play poker online won’t magically quintuple the annual American spend on gambling. Even if it doubled the total amount of American gambling, we’d still only get, at best, an additional $1.6 billion a year. And we’re still talking about Americans suddenly gambling twice as much as they’ve been in the past.

If I wrong on the numbers (quantatative work isn’t my strongest suit, but I think I’ve got a decent grasp on simple arithmetic), please let me know and I’ll amend this. By $10 billion poker handle might be low: the table games (non-poker) handle for the whole state of Nevada was $30 billion last year, but that includes a lot of high end play. Even if I’m off by a magnitude of ten, and there is actually $100 billion wagered each year, I don’t see how we get to tax revenues of $8-$15 billion, unless we’re talking about a dramatically different tax model.

I’m not saying that we shouldn’t legalize online poker. I’m just saying that we should do it for the right reasons (personal liberty, player protection, minimizing hypocrisy), not because we’ve been promised a magic $8 billion treasure chest with no logical proof.

Antigua whitelisted

Because I was emailed this story three times and I’m too busy to look for something else to post today, you are going to hear about Antigua getting whitelisted. From the Antigua Sun:

After months of hard work, negotiations and amendments, Antigua and Barbuda has successfully attained white list certification from the UK Department of Culture, Media and Sport.

By attaining this white list status, remote gaming operators based in Antigua and Barbuda will, as of 21 Nov., be allowed to advertise their services to consumers in the UK and promote the expansion of Antigua and Barbuda’s online gaming industry.

The white listing also means that operators will have the opportunity to work within a world-class regulatory environment that offers “superb e-services infrastructure.”

According to Mark Mendel, Antigua and Barbuda’s attorney at the World Trade Organisation WTO, this achievement makes Antigua and Barbuda the only non-EU European Union country, other than Tasmania, to receive white list certification.

Antigua Sun.

This sounds pretty good for Antigua. It’s better, I suppose, than being blacklisted. I wonder how the new administration will alter the U.S. policy towards online gaming. I’m not sure that it will, but you never know.

Online gaming study

There’s a new study on online gambling, and the authors think that playing online should be regulated. From the LV Sun:

Gamblers in the UNLV study weren’t asked about gambling addiction, but rather what gambling meant to them and what motivated them to gamble online versus in bricks-and-mortar casinos. Researchers asked gamblers, 20 of whom primarily visited casinos and 10 of whom mostly gambled online, to create visual collages representing their feelings about gambling.

Alice, to illustrate how she felt about gambling online, showed a cartoon character fighting off a pack of bulldogs.

The study comes as the debate heats up around Internet gambling, which is the focus of at least five bills circulating through Congress.

The study doesn’t conveniently serve arguments for or against legalization of online gambling and therefore is unlikely to register in the debate. But it does offer a glimpse into an activity that is growing in popularity and is little understood by many involved in the debate.
Players in the political debate interpreted the study in contradictory ways.
Dressing down: Web gambling’s hallmark – Las Vegas Sun

I’m not so sure about this “visual collage” thing. It’s not the sort of thing I’d expect an adult to do. In fact, I’m pretty sure that if I was talking to someone and asked them to describe how they felt by selecting a cartoon, they would whack me in the head pretty hard. Maybe I should broaden my range of acquaintances.

The thing about gambling online is that it’s still just gambling. Sure, there are differences. But there are probably differences in how consumers relate to restricted slot locations (the bars, gas stations, and markets w/ 15 or fewer games) and major casinos. As I said yesterday (when I was talking about owner/investors) some people will win, some will lose. I would say that some are born to sing the blues, but I’d rather select a cartoon to tell you my mood than quote a Journey song here. The only problem is, they play it so often on the radio that I’ll never be able to forget it. Can we do a study on that?