Arkansas Racing Commission to review gaming rules as agency moves to issue state’s final casino license

The Arkansas Racing Commission authorized on Tuesday a proposed revision of its casino gaming rules. The much-debated Pope County casino license has caused significant unrest within both the county and the state, resulting in numerous court cases.

Amendment 100 to the Arkansas Constitution, approved by voters in November 2018, authorized the Arkansas Racing Commission to license four full-fledged casinos. Three casinos currently operate in Hot Springs, Pine Bluff, and West Memphis, attracting billions of dollars in combined wagers annually, while the Pope County license became the source of a years-long dispute.

The Arkansas Racing Commission's proposed rules changes will require the approval of Arkansas Gov. Sarah Huckabee Sanders before the commission can begin accepting public comment on the proposals for 30 days and then consider approving the revised rules before presenting them to the Legislative Council for its review.

"I think the main thing we are trying to do is get the clearest, widest path for them to take the ball down and get it across the goal line," said Commission Chairman Alex Lieblong of Conway, as reported by Arkansas Democrat Gazette.

Alex Lieblong

Doralee Chandler, a deputy attorney general overseeing state agencies, speculated the commission will consider approving the revised rules in March, at the end of the 30-day public comment period. 

After the Legislative Council reviews the commission's revised casino gaming rules, the commission will need to approve a new application for the Pope County casino license and a new scoring matrix for the applications, and set the dates for the 30-day application period. After the application period ends, the commission will review and score applications for the casino license.

Under the commission's casino gaming rules, Chandler said "the points shall be totaled for each application and ranked highest total score to lowest total score." According to her, the "points to be applied to it is something that you can vote on and determine as we set the matrix," she said as reported by the above-mentioned media.

Doralee Chandler

Lieblong said the commissions' scoring of the casino applications "was done poorly the first time," and that he would like to see an "open and constructive conversation" about the scoring of the applications.

Besides Lieblong, the other Arkansas racing commissioners are Steve Anthony of Fordyce, Mark Lamberth of Batesville, Denny East of Marion, Michael Post of Altus, Bo Hunter of Fort Smith, and Steve Landers of Little Rock, according to the commission's website.

The commission's current rules state applications for a casino license will be accepted by the commission for 30 days, starting on the date established by the commission, and no applications will be accepted after the 30-day period "except for good cause shown."

However, the proposed revised rules authorized by the commission Tuesday would eliminate the phrase "except for good cause shown" from the rules. The attorney general's office recommended axing that phrase because "this is a clause that is inviting of litigation," Chandler told the commission last week.

The proposed revised rules also would require the commission to open a new application period if no casino license is awarded after the application process. Furthermore, they also require the commission to open a new application period if a casino license is not renewed by a casino licensee, is surrendered by the casino licensee, revoked by the commission, or voided by a court.

Chuck Garrett

After the commission's meeting, Cherokee Nation Businesses Chief Executive Officer Chuck Garrett said Tuesday in a written statement: "We appreciate the diligent efforts being made by the Arkansas Racing Commission and the Arkansas Attorney General's office to ensure the administrative process is carried out properly and expeditiously."

"Our proposed Legends Resort & Casino, which has the express and exclusive support of elected officials in Pope County, represents a more than $300 million investment that will provide a welcomed economic anchor for Pope County, the River Valley, and the state of Arkansas."