Latest / The Favorites Sports Betting Podcast / Sports Betting Legalization Update BONUS EPISODE
Transcript
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- 1:26Speaker 1: to the Favorites, the podcast from the Volume Podcast Network.
- 1:30Speaker 1: I am Chab Millman. I will be joined in a
- 1:33Speaker 1: moment by my bff, my companion, my compadre professional better
- 1:38Speaker 1: Simon Hunter. This is a very special bonus episode. We've
- 1:43Speaker 1: done a couple of these throughout the NFL season when
- 1:46Speaker 1: news and current events compel us to do that. Simon.
- 1:51Speaker 1: As we've discussed, this is the most popular sports betting
- 1:56Speaker 1: podcast in the country. The numbers prove it, which me
- 2:00Speaker 1: there are a lot of people listening who might not
- 2:01Speaker 1: have access to legalized sports betting. Today. We're going to
- 2:04Speaker 1: get him spark, isn't that right? Yeah, We're gonna find
- 2:07Speaker 1: out who's got legalization who doesn't. It's a lot of
- 2:10Speaker 1: things are changing. Some states are getting legalized and they're
- 2:12Speaker 1: becoming non legalized. It's uh, it's a crazy time right
- 2:15Speaker 1: now in American chap It is a crazy time. Uh,
- 2:18Speaker 1: And no one is better at unpacking it at all
- 2:21Speaker 1: than Daniel Walack, who I've known for several years, has
- 2:25Speaker 1: has sort of established himself as the pre eminent leader
- 2:29Speaker 1: when it comes to understanding the legalities around sports betting,
- 2:34Speaker 1: and back in the day when I was at ESPN
- 2:37Speaker 1: and Dan was sort of establishing himself, he understood better
- 2:41Speaker 1: than anyone the nuanced elements of legalization. Now that it's
- 2:46Speaker 1: state by state, especially with some very big states making
- 2:50Speaker 1: news in Florida and in New York over the past
- 2:54Speaker 1: several months, it's a good time to have minor discuss Dan.
- 2:58Speaker 1: Good to see a man um eight to see you
- 3:00Speaker 1: again chat. It's been it's been a couple of years
- 3:03Speaker 1: and this will be the first podcast I've ever done
- 3:05Speaker 1: from the busiest shopping mall in the country from my
- 3:08Speaker 1: gym with Avatar Mall as the backdrop. It for you.
- 3:13Speaker 1: I put a stop to the Christmas season and try
- 3:15Speaker 1: to try and update your audience on what's going on
- 3:18Speaker 1: around the country, especially in Florida where shopping is more
- 3:22Speaker 1: of a sure thing than betting. Yeah right. So, by
- 3:25Speaker 1: the way, if you want to follow Dan at wall
- 3:27Speaker 1: like Legal w A L l A C H Legal
- 3:31Speaker 1: on Twitter, it's also a contributor to the Athletic Before
- 3:34Speaker 1: we get to Florida, I want to start with New
- 3:37Speaker 1: York State, because New York State is legalized sports betting
- 3:40Speaker 1: and it will launch sometime early in two is the
- 3:45Speaker 1: word Explain to people what's happening there. Yeah, New York
- 3:49Speaker 1: past a very I guess unusual sports betting law that
- 3:52Speaker 1: created a competitive bidding process. So even though the law
- 3:56Speaker 1: was enacted in May, the New York State Gaming commiss
- 4:00Speaker 1: and had to solicit bids and choose the winning bidders,
- 4:03Speaker 1: and that process took roughly a half a year. So
- 4:06Speaker 1: the nine online sports betting operators have been chosen. All
- 4:10Speaker 1: the major companies are going to be participating, you know,
- 4:12Speaker 1: with an exception of I think bar stool and bet three,
- 4:15Speaker 1: six five. Most of the name brands will launch. And
- 4:17Speaker 1: the expectation is that now that the rules and regulations
- 4:22Speaker 1: from the Gaming Commission have been promulgated, licenses issue, it's
- 4:25Speaker 1: going to be all systems go uh in time for
- 4:27Speaker 1: the Super Bowl in all likelihood by the early the
- 4:30Speaker 1: middle part of January, at least. That's the word I'm
- 4:33Speaker 1: hearing from some key plugged in lawmakers and regulatory officials.
- 4:37Speaker 1: So there shouldn't be any controversy about that. It took
- 4:40Speaker 1: a while, but it was due to the competitive bidding
- 4:43Speaker 1: process that very few states other than New Hampshire and
- 4:47Speaker 1: and maybe Rhode Island have gone down that tab. Usually
- 4:50Speaker 1: that you passed the law issue licenses and then that's
- 4:53Speaker 1: it is New York still looking at that per cent tax?
- 4:56Speaker 1: Is that a real thing that did that get past?
- 5:00Speaker 1: New York did not mandate, did not mandate a specific
- 5:03Speaker 1: tax rate. But when you when you use a competitive
- 5:06Speaker 1: bidding arrangement, it basically is truth serum for the gaming industry,
- 5:09Speaker 1: and it forces operators to put their best foot forward
- 5:12Speaker 1: because if they don't bid, they're gonna lose out on
- 5:15Speaker 1: the market to their competitors. In New Hampshire and Rhode
- 5:18Speaker 1: Island and Delaware have basically already set the benchmark for
- 5:22Speaker 1: a quote unquote lottery operated competitive bidding model for sports betting,
- 5:26Speaker 1: and those those states have fifty or fifty one percent.
- 5:29Speaker 1: As a I wouldn't call it attacks. It's more of
- 5:31Speaker 1: a revenue share, almost a cane to a private public partnership,
- 5:35Speaker 1: where the state be sharing in the revenues even though
- 5:38Speaker 1: they're not doing anything, and the sports book and the
- 5:41Speaker 1: operators are taking all of the risk. The online sports
- 5:44Speaker 1: betting is like Amazon. It's you know, it's maybe lower
- 5:46Speaker 1: profit margin, but the volume you know, you're talking about,
- 5:50Speaker 1: you know, potential for a two billion dollar a month
- 5:52Speaker 1: handle in New York State in year one. Yeah, the
- 5:54Speaker 1: revenue share is going to be problematic, but every online
- 5:58Speaker 1: sports book operator will will make out pretty well under
- 6:01Speaker 1: this scenario. And I think down the road, if the
- 6:03Speaker 1: system doesn't work out profitably for the books, there's no
- 6:07Speaker 1: prohibition against going back a year from now in the
- 6:10Speaker 1: New York State Gaming Commission to just revise their their
- 6:13Speaker 1: contracts with the vendors. This is a private public partnership
- 6:17Speaker 1: and under the statutory framework, the Gaming Commission has the
- 6:21Speaker 1: authority to change any of the terms of the contract.
- 6:24Speaker 1: So this is not going to go on in perpetuity.
- 6:27Speaker 1: And I can just tell you from my experience in
- 6:28Speaker 1: my own state of Florida, they once tax slot machine
- 6:31Speaker 1: revenues that either fifty or sixty, which is ridiculous. The
- 6:35Speaker 1: operators complained and they went back a couple of years
- 6:38Speaker 1: later and tweaked it. And if New York is losing
- 6:41Speaker 1: business to New Jersey Connecticut, then you'll see a change
- 6:44Speaker 1: maybe a year or two years out. But in the
- 6:46Speaker 1: short term, I think location, location, location is going to
- 6:50Speaker 1: make New York the top sports betting market in the country.
- 6:53Speaker 1: The average consumer is not going to care about the
- 6:55Speaker 1: tax rate so long as it does not manifest itself
- 6:58Speaker 1: in the higher prices or worse promotions, or or deposit bonuses.
- 7:04Speaker 1: On the retail level, the customer doesn't notice the difference.
- 7:08Speaker 1: This is really about the stump the lines up to
- 7:11Speaker 1: make up for them. That's the downstream impact is that
- 7:13Speaker 1: the pricing won't be as good because the sports books
- 7:16Speaker 1: are gonna try to sort of pass that tax onto
- 7:19Speaker 1: the consumer indirectly. And I think you could be right.
- 7:22Speaker 1: I'm not saying you're wrong, but states like New Hampshire
- 7:25Speaker 1: and Rhode Islands tax identical revenue share, but they grant
- 7:30Speaker 1: a monopoly or exclusivity to one operator. So maybe maybe
- 7:34Speaker 1: having that kind of a high high tax rate where
- 7:36Speaker 1: one company controls the market makes it worth the while.
- 7:39Speaker 1: But those companies, those those companies Draft Kings and I
- 7:42Speaker 1: believe I G. T or William Hill, Caesar's, they're doing
- 7:45Speaker 1: well in those respective states. And I believe with nine
- 7:47Speaker 1: operators competition will force, uh, you know, a competitive marketplace
- 7:52Speaker 1: regardless of the tax rate. Dan, you mentioned Florida. You're
- 7:56Speaker 1: in Florida. Florida has been in the news the past
- 7:59Speaker 1: seven weeks because a variety of things regarding sports betting
- 8:02Speaker 1: run people through sort of in a discinct and clear
- 8:05Speaker 1: away as you can what was happening in Florida and
- 8:08Speaker 1: then where it is now. Yeah, And in Florida, Governor
- 8:11Speaker 1: de Santis made the decision to operate sports betting through
- 8:16Speaker 1: a tribal monopoly and entered into a Class three gaming
- 8:20Speaker 1: compact with the Seminole Tribe of Florida, which is the
- 8:22Speaker 1: largest tribe in the country, granting them basically control over
- 8:27Speaker 1: not only on reservation betting, but statewide mobile betting. That
- 8:32Speaker 1: compact was challenged in court because the federal law which
- 8:35Speaker 1: governs Indian gaming compacts only permits compacts to address and
- 8:40Speaker 1: authorized gambling activity that literally takes place on Indian lands
- 8:44Speaker 1: and nowhere else. You can't have a compact that gives
- 8:47Speaker 1: tribe authorization to operate outside of tribal land. So that
- 8:52Speaker 1: compact was challenged in court. And the reason why the
- 8:55Speaker 1: governor and the Seminal Tribe moved forward with this structure
- 8:59Speaker 1: is that they leave that just like in New Jersey
- 9:01Speaker 1: and in New York for online sports betting that the
- 9:04Speaker 1: location of the server is the paramount consideration in deciding
- 9:08Speaker 1: and determining where the bet takes place. Legislature of New
- 9:11Speaker 1: Jersey got around that requirement by saying, well, if the
- 9:14Speaker 1: servers located in Atlantic City, then the bet takes place
- 9:18Speaker 1: in Atlantic City. The federal courts have rejected that same principle,
- 9:21Speaker 1: and a group challenged the Seminal Gaming Compact and court
- 9:26Speaker 1: and argued that the location of the customer is more
- 9:29Speaker 1: important than the location of the server, because this federal
- 9:33Speaker 1: law is very crystal clear on where the gambling has
- 9:36Speaker 1: to take place, and every judicial decision which has interpreted
- 9:40Speaker 1: this language in the context of internet wagering has held
- 9:44Speaker 1: that the server is irrelevant and it's where the better
- 9:47Speaker 1: is located that dictates where the bet is made, and
- 9:50Speaker 1: as a result, the compact was invalidated. The case is
- 9:54Speaker 1: now on appeal, and the clearest path to online sports
- 9:57Speaker 1: betting in Florida lies with a ballot referendum that may
- 10:02Speaker 1: or may not take place in November two. So we
- 10:05Speaker 1: could be a year or more away from online sports
- 10:08Speaker 1: betting unless the Seminole tribe miraculously and I say miraculously
- 10:12Speaker 1: in an understated way, prevail on this appeal. Yeah, Florida
- 10:16Speaker 1: is not happening anytime soon. It's like Florida, California, Texas.
- 10:20Speaker 1: For those of us in the betting space who know
- 10:23Speaker 1: that we need to continue to have more states legalized
- 10:26Speaker 1: in order to develop more of a tipping point and
- 10:27Speaker 1: have mass scale, those are the states that we're looking
- 10:30Speaker 1: to three to five years down the road. Alright, So
- 10:34Speaker 1: last question, we'll get New York. Who else can we
- 10:39Speaker 1: expect to see UH come online or pass legislation? Well,
- 10:44Speaker 1: Ohio recently enacted to sports betting law, and that should
- 10:47Speaker 1: take around six months to launch online sports betting and
- 10:51Speaker 1: concern and states like Ohio, Louisiana, and Maryland, which have
- 10:56Speaker 1: all enacted sports betting laws but to g have to
- 10:58Speaker 1: launch online is sort of a debate internally about whether
- 11:02Speaker 1: all the companies should should launch at the same time
- 11:05Speaker 1: or whether it should be first in, first out, depending
- 11:07Speaker 1: on whose license more quickly. So the launch in those
- 11:11Speaker 1: three states is basically a t b A. But at
- 11:15Speaker 1: some point in roughly halfway to three quarters of the
- 11:18Speaker 1: way through the year, I would expect those states to
- 11:21Speaker 1: allow their citizens to wage your online. It's a matter
- 11:25Speaker 1: of licensing and the regulatory stuff being worked out. But
- 11:29Speaker 1: new states that I would expect to legalize sports bedding.
- 11:31Speaker 1: Massachusetts has been in the queue and in the debate
- 11:34Speaker 1: for the past four years, and it's just utterly shocking
- 11:37Speaker 1: to me that in what I consider to be the
- 11:39Speaker 1: most fervent sports market in the country, that they're pulling
- 11:43Speaker 1: up the rear, even though they don't have any of
- 11:45Speaker 1: the baggage at states like California, Florida, and Texas have
- 11:48Speaker 1: with state constitutions. So Massachusetts I think is pretty close
- 11:52Speaker 1: to at least continuing their debate and finally making it legal.
- 11:56Speaker 1: But I would also watch Georgia. States that have a
- 11:59Speaker 1: very short legislative session, and I would count among those
- 12:02Speaker 1: as Kentucky and Georgia, which meet between January and March,
- 12:06Speaker 1: and all the business has to be done in the
- 12:08Speaker 1: early part of the year, So I would look for Kentucky, Georgia,
- 12:12Speaker 1: and maybe Florida on a new compact that would allow
- 12:15Speaker 1: in person sports betting at any of the eight tribal
- 12:18Speaker 1: property statewide. I mean, something is better than nothing while
- 12:22Speaker 1: the legal battle plays on for online. So those are
- 12:24Speaker 1: the three states that I think are more more likely
- 12:27Speaker 1: to come online at the at the beginning part of
- 12:29Speaker 1: the year, and California is going to size up to
- 12:32Speaker 1: be probably the most heavily contested state in the history
- 12:35Speaker 1: of post past the legalized sports betting, where if they
- 12:39Speaker 1: they have four measures that may be on the ballot
- 12:41Speaker 1: to tribal initiatives, a card room sponsored initiative that folds
- 12:45Speaker 1: in the professional sports venues, as well as the sort
- 12:48Speaker 1: of the online sports betting operator lead initiative which has
- 12:51Speaker 1: DraftKings Fan Duel Caesar's Win Penn National. With four initiatives,
- 12:56Speaker 1: it will be close to half a billion dollars or
- 12:59Speaker 1: more of advertising to sort of win the hearts and
- 13:02Speaker 1: minds of California voters. And with four initiatives only one
- 13:07Speaker 1: can pass. Not only does yours have to win, but
- 13:10Speaker 1: you've got to get more than the others that goes
- 13:12Speaker 1: forward as is, or even with two initiatives, this will
- 13:16Speaker 1: set the record for campaigns spending on a ballot initiative
- 13:20Speaker 1: in California's history. I think five million is the starting
- 13:23Speaker 1: point on the spend. Well, Dan, thanks for coming back
- 13:27Speaker 1: on the podcast, Thanks for updating us and all that
- 13:30Speaker 1: we can look forward to in two, especially with New
- 13:33Speaker 1: York State. Hopefully Louisiana gets going, Hopefully Maryland gets going.
- 13:37Speaker 1: Hopefully Ohio gets going. Great to see you happy holidays.
- 13:41Speaker 1: Follow at Wallick Legal w A L l A C
- 13:45Speaker 1: H Legal on Twitter. For my compadre Simon Hunter, I
- 13:50Speaker 1: am Chad Nolman. This has been the favorites from the
- 13:53Speaker 1: Volume podcast Network. Download US and Apple podcasts and Spotify
- 13:56Speaker 1: wherever you get your podcasts. Until next time, I love you,