The New York State Gaming Commission is issuing this Request for Proposals to solicit Proposals from bidders seeking the award of a Contract to provide a gaming market study in relation to the evaluation of the gaming market in New York State and potential impacts of changes to that market both within and outside of the State.
On November 5, 2013, the electorate of the State approved a Constitutional amendment permitting the legislature to authorize up to seven (7) casinos. Chapters 174 and 175 of the Laws of 2013, known as the Upstate New York Gaming Economic Development Act of 2013 (the “Act”), authorized the awarding of up to four (4) casinos and sets forth, among other things, statutory requirements for casino gaming in New York State. Subsequently, the Commission awarded four (4) gaming facility licenses within three (3) regions of the State: del Lago Casino, Resorts World Catskills Casino, Rivers Casino, and Tioga Downs Casino. In addition to these four (4) commercial casinos, seven (7) Indian casinos and eight (8) Video Lottery facilities currently operate in New York State. Other forms of authorized gaming occurring in the State include the New York Lottery, pari-mutuel horse racing, and charitable gaming.
The Commission seeks a qualified vendor to provide an analysis of the current gaming market including the economic impact of the Act and the economic and revenue impacts of the potential award of an additional three (3) commercial gaming facilities in downstate New York.
Scope of Work:
The Successful Bidder will be expected to provide a detailed report providing the resulting analysis of the New York State gaming market. This will include, but may not be limited to the following:
A. An analysis of the performance of commercial casinos, video lottery gaming facilities, the state lottery for education, and Native American gaming facilities, including:
1. All State revenue generated through gaming activities;
2. Actual performance vs. market potential, and if applicable, reasons for deviation;
3. Total economic impact of the industry including an analysis of the economic impact of the Act; and
4. External factors impacting the New York gaming market, including changes in status in neighboring states;
B. A review of relevant economic, demographic, tourism (domestic and international), and other commercial factors that impact or may impact the gaming industry in New York;
C. The economic, fiscal, and social implications of the awarding of up to three (3) additional commercial casino licenses, including:
1. An understanding of the size and scope of the potential market, including economic, social and fiscal implications;
2. Analysis of potential gross gaming revenue scenarios based on specific siting locations;
3. Examination of the impact downstate legalization would have on the existing gaming industry in New York and neighboring states;
4. The potential impact on any downstate development should full-scale casino gambling be authorized elsewhere in the region; and
5. Evaluation of optimal taxation rates and license fees;
D. The impact an Orange County-based VLT facility will have on existing gaming facilities and State revenues, and the impact of such facility in the analysis conducted pursuant to Section 3.2 (C);
E. The impact of a change in taxation rates for video lottery and commercial casino games and activities, including:
1. An assessment of the impacts of rate equalization for video lottery gaming, commercial casino gaming, and Indian gaming activities;
2. Recommendations on modification of tax and commission rates under various scenarios;
3. An analysis of how a change in tax rates would affect the competitive dynamics of the existing VLTs/casinos and tax revenues for the state; and
4. An assessment and determination of the optimal promotional credit level to maximize education gaming revenue.
F. Suggestions for the sustainability and growth of each gaming market segment, insularly and as to the maximization of state revenue, including:
1. Size and scope necessary to achieve full potential at Jake’s 58, and analyze the negative impact of such development on Resorts World New York City;
2. The effects of a continued Seneca Nation of Indians exclusivity on video lottery gaming facilities within that area, as well as the potential impacts on such video lottery gaming facilities if there was a cessation of exclusivity;
3. The future negative impact of the upstate Native American gaming and commercial casinos on the Finger Lakes and Saratoga video lottery gaming facilities; and
4. The long-term sustainability of Batavia Downs, Buffalo Raceway and Vernon Downs;
G. Analysis of the potential market for other gaming and the impacts of each on the existing gaming markets, including:
1. Sports wagering, only at commercial casinos;
2. Sports wagering expanded to video lottery gaming facilities and off-track betting facilities; and
3. Online sports wagering, lottery, and video poker; NOTE: The report shall clearly indicate these analyses presume that a Constitutional amendment has passed authorizing such activity.
H. Analysis of the current distribution of pari-mutuel horse racing revenue, including:
1. The sustainability of the Off-Track Betting corporations; and
2. Recommended modifications to the distribution schedules; and
I. The effect of modification of live racing requirements for pari-mutuel facilities, including evaluation of impacts on purses and awards and the likely effects on the breeding industries.
July 31st, 2019.
New York State Gaming Commission
Contracts Office, 4th Floor
One Broadway Center
Schenectady, NY 12305
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