I am pretty clear on the differences in law and jurisdiction between Indian and “regular” casinos. But my question is, does a tribal casino like Mohegan Sun in Massachusetts have same type of differences in law and jurisdiction as the one in Las Vegas? Or is the Mohegan Sun in Vegas not considered to be a tribal casino?
First, Mohegan is no longer the casino operator of Virgin Las Vegas. That relationship ended at the end of last year. The CFO and the hotel president have assumed management duties.
So let's transition the question to the Palms and its owner, the Yuhaaviatam of San Manuel Nation (formerly known as the San Manuel Band of Mission Indians) of southern California. And the answer is: Yes, they're under the same exact gaming laws, rules, regulations, and policies as every other Las Vegas and Nevada commercial casino. Thus, they're not considered a tribal casino in terms of having a compact with the state under separate jurisdiction.
At last year's Global Gaming Expo in October, a panel discussion covered this very topic. The panelists talked about the biggest adjustment of entering the commercial market: loss of control. The new jurisdiction, not the tribe, determines and enforces regulations.
“We don’t control the regulatory environment, the licensing environment, the taxing environment,” said Raymond Pineault, CEO of Mohegan Gaming and Entertainment," which was still the manager of Virgin at the time. "For example, Mohegan’s Pennsylvania casino had a 390-day streak of not allowing a minor on the gaming floor, but the first one who got through triggered a fine.
“Our team did an incredible job, but it doesn’t matter,” he said. “It’s their rules, their regulations. We have to abide by them.”
Also, compliance differs by jurisdiction. So what the Mohegans face in Pennsylvania, the Yuhaaviatam in California, and let's not forget the Seminoles in Florida isn't necessarily the same as in Nevada.
Veteran California casino regulator Richard Schuetz concurs. “Las Vegas casinos operated by tribes are subject to the same regulatory scrutiny in Nevada by the Gaming Control Board as any other Las Vegas casino."
There are, actually, three tribal casinos in this state. They're not in Las Vegas; rather, they're on their own reservations, so they're regulated by the tribes, the National Indian Gaming Commission, and to some degree, as defined in the compact, by the state regulatory authority. Those are the only exceptions in Nevada.
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