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HomeMy WebLinkAboutSubmittal-Steve Geller-Opening Remarks1.0 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk Opening Remarks: Chairman Hardemon, Members of the Commission, Before my three minutes begin, My name is Steve Geller. I spent 20 years on Tallahassee as a Representative and Senator, and I'm currently a member of the Broward County Commission. I'm testifying today as an Expert Witness, not a lay witness, and accordingly, I request 6 minutes to make a record. Thank you. Because of my time limit, I will leave my printouts from my website attesting to my expert witness credentials in two areas. As the briefest of summaries, I served on and chaired the committees regulating gambling in the Legislature for 20 years; Gambling law is one of the three areas of expertise listed on my website; I have a gambling blog, www.gellergaminglaw.com ; and I speak all over the country on Gambling law issues. One of the other three areas listed om my website is Zoning and Land Use. In the interest of time I ask that you look at documents that I have distributed. I proffer that I am an expert in gambling law and zoning law, and would be happy to further elaborate in the Q&A. There are only a few issues that I have time to cover. First, it is important to understand that there cannot be a proliferation of Pari-mutuels locating in the City of Miami. There are a limited number of Pari-mutuel permits in general that are permitted in an area. Pari-Mutuels are governed by Florida Statute 550. In general, Florida Statutes grant a 25 to 100 mile exclusive area to Jai - Alai, dog racing, and horse racing. Please see, for example, F.S. 550.054 (2). I believe that there is no part of the City of Miami that is more than 50 miles from Magic City Casino and Jai Alai. I believe that there is no part of the City of Miami that is more than 50 miles from +722- SJIDrmThL( Sfe(4,e Cre110--Ortminj gaiwks tor Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk Miami Jai Alai a/k/a Casino Miami, or more than 100 Miles from Hialeah Racetrack. There is an exception to the mileage rule, and that exception is set forth in F.S. 550.0745(1). That section permits the creation of certain "Summer Jai Alai" permits under certain complicated specified criteria, regardless of the mileage exclusion. That is the type of permit that is in front of you now, a recently created Summer Jai Alai permit that was issued on 7/3/18. There is no application pending for any new Summer Jai Alai permit at this time, and no new permit can be applied for until after July 1, 2019. These permits take a long time to issue after they're applied for, and would require zoning approval letters from the City of Miami prior to issuance by the Division of Pari-Mutuel Wagering. As a result of this, it is questionable whether any additional Jai Alai Fronton can or would locate in the City of Miami. It is unquestionable, however, that the only Pari-Mutuel permitholder that has currently applied in the City of Miami is West Flagler Associates. Therefore, it is beyond question that the City of Miami could pass a restriction that is prospective only, and would forever require a 4/5 vote to bring any new Summer Jai Alai fronton to the City. The retroactive nature of this ordinance affects only one permitholder, West Flagler Associates. I mentioned earlier that one of the other three areas of law listed on my Website is Zoning and Land Use Wearing both my Gambling and Zoning expert hats, it seems clear that this is impermissible ex post facto zoning. The City of Miami issued a letter to the Department of Business and Professional Regulation, Division of Pari-mutuel Wagering on January 10, 2018 approving the zoning on the property. The Division issued Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk the Permit to West Flagler Associates on July 3, 2018. I believe that by January 10, West Flagler's property rights became vested, but I suppose one could argue that vesting didn't occur until July 3, 2018. According to the City Website, Zoning In Progress began July 26, 2018, after West Flagler's property rights on this property were clearly already vested. It is important to understand what types of gambling could occur at this facility. In addition to Pari-mutuel gambling, the Jai Alai fronton could be permitted to have a Card room under Florida Statute 849.086. I will parenthetically add that I was the original author of this statute authorizing Card rooms at Pari-mutuels. Under Florida Statute 849.086(5), they would not be eligible for the card room until they begin playing jai -alai and no license can be granted until the play of jai -alai begins. Additionally, pursuant to F.S. 849.086(16), a vote of this Commission would be required to authorize card rooms at the new Jai Alai fronton. That's all the time I have, and I'll be happy to answer any questions.