Re: Can Casinos Legally Charge you Admission to a Casino Pool That Offers Gambling

On May 22 2009 7:20 PM, Don Del Grande wrote:

Mr x wrote:

I have seen several posts and/or websites that touch on this.

There is a law in Nevada (that applies to Las Vegas) that says generally
gambling must be open to the publilc. There was an exception a few years
ago that the casino operators drove. Basically this was passsed to allow
for 'private gambling parlors' so that US Casinos could compete with the
international casinos and wouldn't lose whales. The Casino Control people
acknowledged that this might be a concern and after awhile drafted some
legislation that allowed for these private parlors, but they limited these
parlors to games where peolpe with a credit line of something loike $500K
and minimum bets are $10K or the like. From what I read, this may have
been revised down to $500 minimum bets.

From a public policy perspective, I think open gambling makes good sense.
Anything done in a back room is subject to fraud and conflict, plus since
the US is not a class driven society (as are the European countries that
still recognize feudal hereditry titles)(I think in the US you
automatically disavow your citizenship if you accept a hereditary title),
I think this is the American way to keep this open and available to all.

Anyway so here is the question. A lot of places offer poolside or swimup
blackjack. I have heard that because of this the casinos that choose to
offer this cannot exclude the public from their pools. I would think that
they could not legally charge admission. Sure I guess they could if your
intention were to just go to the pool, but does anyone have any firsthand
experience with going to the say Hard Rock Casino (where they charge
admission to non-guests) and say "I am here to play swim up blackjack"
Will they let you in without paying admission? I have heard that by
presenting your players card and saying you are there to play you can get
in without admission.

Anyone know for sure?

Nevada Gaming Regulation 5.210 ("Authorizing the imposition of a fee
for admission to an area in which gaming is conducted"), subsection 2:

"A licensee may not, directly or indirectly, restrict access to any
portion of an establishment wherein gaming is conducted, through the
assessment or imposition of a fee, except upon receiving prior written
administrative approval from the chairman consistent with policies of
the commission, or as approved pursuant to (Nevada Revised Statues)
463.408"

(Subsection 7(a) makes it sound like there has to be something besides
gambling in such an area - for example, a pool.)

Also, in subsection 10:

"Notwithstanding the forgoing, a fee may be charged for admission to
an establishment, or any area thereof, for which a restricted gaming
license has been issued, provided, that there be posted a sign of a
suitable size, which shall be placed near the entrance to the
establishment, that provides notice to patrons that they do not need
to pay a fee to engage in gaming within the establishment."

-- Don

Don,

Thanks for your response. It sure seems like they can charge for
admission ofrpeople that want to take advntage of the 'area of the
etsablishment's' non-gambling features (such as swimming in th pool or
'club') , but if pushed they would need to let you in without the charge
if you make it known you are there to 'engage in gaming.'

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