Evaluation and Selection

Minimum Capital Investment: $500 million.

License Fee: $500 million

Taxes: Gross gaming revenue will be taxed at a rate to-be-determined by the Commission as part of the competitive application process. An applicant may propose a tax rate on gross gaming revenue as part of its application, so long as the tax rate is at least 25% for slot gross gaming revenue and 10% for gross gaming revenue from all other sources.

An applicant must:

• Prove they have acquired public support via approval of the applicable Community Advisory Committee
• Prove compliance and approval with all required State and local zoning requirements
• Pay a $1 million application fee to the Gaming Commission

The Board will analyze the revenue impact of each applicant's proposed gaming facility on existing facilities and potential new facilities.

The Board will evaluate how each applicant proposes to advance the following objectives:

• Capital investment (not including land acquisition and infrastructure improvements)
• Maximizing revenues for the state and localities
• Highest number of quality jobs in the gaming facility
• Gaming facility of “the highest caliber with a variety of quality amenities”
• “Highest and best value to patrons to create a secure and robust gaming market in the region and state”
• Site location’s benefits
• Estimated recapture of gaming spending by residents currently traveling to an out-of-state facility
• Speed-to-market: “a reasonable and feasible construction schedule”
• Ability to fully finance the gaming facility
• Experience in developing and operating a quality gaming facility

• Mitigating potential impacts on host and nearby municipalities
• Partnering with and promoting local hotels, restaurants and retail facilities so that patrons “experience the full diversified regional tourism industry”
• Establishing “a fair and reasonable partnership with live entertainment venues that may be impacted” where the gaming facility “actively supports the mission and the operation” of the impacted venues

• Developing a workforce plan that utilizes the existing labor force, including:
  • Estimated number of construction jobs
  • Development of:
    • Training programs that serve the unemployed
    • Methods accessing employment
• Taking additional measures to address problem gambling including employee training to recognize individuals exhibiting problems with gambling
• Utilizing sustainable development principles including:
  • LEED-certified renovation and construction
  • Efforts to:
    • Mitigate vehicle trips
    • Conserve water
    • Manage storm water
  • Use of Energy Star-labeled HVAC equipment and appliances
  • Obtaining or generating on-site 10% of the facility’s annual electricity consumption from renewable sources
  • Developing a plan to monitor energy consumption and undertake efforts to improve efficiency
• Hiring and training practices and programs that “promote the development of a skilled and diverse workforce and access to promotion opportunities” by providing:
  • Transparent career paths with measurable criteria that lead to increased responsibility and higher pay grades that are designed to allow employees to pursue career advancement and promotion
  • Employees access to additional resources, such as tuition reimbursement or stipend policies, to enable them to acquire the education or training needed to advance career paths based on increased responsibility and pay grades
  • An on-site child day care program
• Purchasing domestically manufactured slot machines
• Implementing a workforce development plan that:
  • Utilizes New York State’s existing labor force
  • Estimates the number of construction jobs a gaming facility will generate
  • Provides equal employment opportunities
  • Includes specific MWBDVE goals for construction jobs
  • Identifies workforce training programs offered by the facility
  • Identifies how to access employment at the gaming facility
  • Incorporates workforce diversity (see below)
• Demonstrating that the applicant has an agreement with organized labor, including hospitality services, and has the support of organized labor for its application, which specifies:
  • Number of employees to be employed, including detailed information on pay rate and benefits for employees and contractors in the gaming facility and all infrastructure improvements related to the project
  • Detailed plans for assuring labor harmony during all phases of the construction, reconstruction, renovation, development and operation of the gaming facility

• Workforce demographics including current employment of minorities, women and service-disabled veterans in permanent and part-time jobs at the applicant's gaming facilities
• Diversity in the ownership and leadership of the corporate entity
• Efforts to ensure diversity at the applicant’s facilities and plans to undertake at this proposed facility including:
  • Mentorship opportunities and other business development programs
  • Affirmative action program of equal opportunity by which the applicant guarantees to provide equal employment opportunities to all employees qualified for licensure in all employment categories, including minorities, women and persons with disabilities
  • Specific goals for the inclusion of minorities, women and veterans on construction jobs
  • Ensuring that any contractors or subcontractors make good faith efforts to include minorities, women, and veterans in the workforce
  • Working and partnering with minority-owned businesses
  • Developing a plan of action that shall promote diversity in the Applicant’s:
    • Business model
    • Financing
    • Employment goals
    • Other social and economic equity roles in the gaming industry
  • Any such further criteria the GFLB sees fit for inclusion after consultation with Empire State Development’s Division of Minority and Women's Business Development

• The Commission will determine whether the selected applicant(s) have met the established licensure criteria and satisfactorily completed the State Environmental Quality Review (SEQR) process.
• The Commission may then decide to issue license(s).
• Following licensure, the Commission will issue an operating certificate when the facility is ready to open to the public.