Commissioner's resignation gives Sisolak chance to appoint nearly all of state's gaming regulators

Nevada Gaming Commission member Deborah Fuetsch resigned Tuesday, giving Gov. Steve Sisolak the opportunity to name seven of the eight regulators who oversee the state’s largest industry during his first term.

Sisolak has appointed three members of the Gaming Commission, Steven Cohen, Ogonna Brown, and Rosa Solis-Rainey – all attorneys from Las Vegas. He has also appointed all three members of the Nevada Gaming Control Board - Chairman Brin Gibson and members Brittnie Watkins and Philip Katsaros.

Fuetsch’s term expired at the end of April. 

In a letter to Sisolak, the Reno-based former commercial banking executive, said it was “a true privilege to serve the State” and “I hope I have been an asset to the industry.” Fuetsch said she would remain on the five-person commission until June 1.

The panel has its next monthly hearing on Thursday, where one of the items up for consideration is the licensing for the $4.3 billion Resorts World Las Vegas.

In addition, the term for Gaming Commission Chairman John Moran Jr., a Las Vegas attorney and the panel’s longest serving member, also expired at the end of April. Sisolak named Moran chairman last July, three months after the resignation of then-Chairman Tony Alamo Jr. 

Moran, who was first appointed to the Gaming Commission in 2004, served as acting chairman following Alamo’s departure.

In an email, Sisolak spokeswoman Meghin Delaney said the governor had received the resignation letter.

“The Governor thanks the commissioner for her dedicated service to the state,” Delaney said, but did not provide a timeline for an appointment.

Fuetsch, who spent 17 years with Wells Fargo, was appointed to the commission in 2016 by then-Gov. Brian Sandoval.

“These past 18 months have been the most unexpected and difficult time in our state’s history,” Fuetsch wrote. Her letter did not include any mention of possible reappointment. She said she decided to “seek other opportunities.”

In her letter, she credited Sisolak, former Control Board Chairwoman Sandra Douglass Morgan and Gibson with guiding “our state with urgency and determination to keep Nevadans safe and healthy.”

The three-member Control Board makes recommendations on licensing and other gaming policy matters to the part-time Nevada Gaming Commission.

Watkins, a Las Vegas attorney, was appointed to the Control Board last month, replacing Terry Johnson, whose second four-year term expired in February.

Last year, Sisolak appointed Gibson as chairman after Morgan resigned to accept a board position with Fidelity National. Sisolak also appointed Katsaros to the board in 2019.

What Happened Here: A company town turned ghost town during the COVID shutdown starts to rebuild

The vehicles streamed into the pickup lines on a recent Monday, some with popped trunks awaiting cargo.

In a North Las Vegas parking lot, they inched toward a white tent, where workers loaded brown boxes and white plastic bags filled with food into cars, trucks and SUVs. The assembly line-like operation outside the Culinary Academy of Las Vegas popped up in the immediate aftermath of the COVID-19 shutdown to help thousands of furloughed workers put food on the table.

A year later, it hasn’t stopped. Instead, the Culinary Academy expanded and began allowing all community members to access the roughly 40-pound batch of fruits, vegetables, grains and meat — complete with recipe cards — designed to feed families.

As of early March, the food assistance program had donated 11.5 million pounds of groceries, or the equivalent of about 35 million meals. On any given week about 6,000 to 8,000 vehicles roll through the drive-through-style line, and that figure doesn’t include deliveries made directly to those in need who cannot leave their homes or food distributed at smaller pop-up sties.

“I can tell you that the lines aren’t getting any shorter at all,” said Mark Scott, chief executive officer of the Culinary Academy. “...This past year is really a hole fairly wide and fairly deep for people, and it’s going to be a long time before people are able to dig out.”

But across town another pickup line was seeing equal, if not greater, activity —  the passenger pickup area at McCarran International Airport. Hordes of flight-weary travelers, some donning face masks, scanned the line of cars as horns honked and doors opened and shut. 

A year ago, this was not the case. The normal hustle and bustle of a busy airport had been swiftly replaced by an eerie quiet.

Now, the two pickup lines — separated by miles and purpose — nod to the region’s hopeful but challenged circumstances. 

Nevada is, once again, healing, just as it did after the tourism industry was rocked by 9/11, the Great Recession and 1 October. Vaccination numbers are climbing, case numbers and hospitalizations remain relatively low and spring has brought forth not just tourists but an increasing sense of optimism about the future.

But the truth is Nevada’s healing has only ever been surface deep, its wounds still raw beneath and ready to break open at even the slightest injury. 

Amid all the talk of economic diversification over the last decade, experts say Nevada has failed to invest in the necessary level of change to build a more stable economy. The memories of past economic devastation often quickly fade as Nevada once again returns to boom times and trusts the glittering lights of the Las Vegas Strip to save it.

Some would say Nevada’s close relationship with business is what gives the state an edge. When Nevada struggled to secure necessary supplies for hospitals in the early days of the pandemic, for instance, gaming and mining companies donated millions of pieces of personal protective equipment, money and other resources through the governor’s private-sector COVID task force.

But Nevada’s reliance on industry to save the day has also time and time again left the state dependent and vulnerable. At first it was mining, an industry so valuable, and powerful, that it was granted a special, favorable taxation structure when the state’s Constitution was written in 1864. 

Then it was the casinos, who have so wholeheartedly opposed industry-specific taxes that they have gone so far as to support a widespread tax increase that would equally affect all larger businesses in Nevada. There was Tesla, Faraday Future, the Raiders and, now, Blockchains, all enterprises touted as the state’s next economic cure-all.

In its nearly 157-year history, Nevada has been unable to shrug off being a company town. This time, it’s put the state in the impossible position of choosing between saving its residents from COVID or financial devastation. 

Now, the question is whether, as the lights on the Las Vegas Strip grow brighter, Nevada will once again be drawn like a moth to flame or whether it will truly diversify its economy while fixing a long-ailing unemployment system. The question is what the future holds for Nevada’s workers — many of them workers of color — who are the lifeblood of the economy and the first ones to suffer when good times turn bad.

The question is whether history will once again repeat itself.

The shutdown was swift.

Six hours after Gov. Steve Sisolak announced on March 17 that nonessential businesses would be required to shut their doors to halt COVID-19’s advance on the state, all gambling activity statewide ceased. It was the first time Nevada’s lucrative gaming industry had been prohibited from operating since gambling was legalized statewide in 1931.

Other quintessential Nevada businesses, including strip clubs and brothels, and other everyday establishments, such as salons, gyms and malls, were given an extra 12 hours to wind down their businesses.

The decision hadn’t come as a shock to gaming establishments, many of which had been on multiple calls with the governor leading up to the decision and some of which had already been making plans to shutter operations in light of canceled bookings and an increasingly bleak future for the tourism industry. Billy Vassiliadis, longtime Las Vegas adman, estimated there was 80 to 90 percent agreement among the resorts by the time the governor made his decision that the shutdown had to happen.

Plus, some casino operators saw what was happening half a world away and started preparing. Casinos in Macao shut down for 15 days in February last year.

“I think we could see that it was going to be a very serious matter and definitely going to affect operations based on what we had seen happen in Macao,” said Virginia Valentine, president of the Nevada Resort Association. “But I don't think anyone knew just how big an impact there was going to be or that there would be extended closures.”

More than six months earlier, the Nevada Department of Employment, Training and Rehabilitation (DETR) had carried out “economic cycle planning,” preparations that recognized a 10-year streak of economic growth would inevitably come to an end and unemployment would grow. But the domino of casino closure announcements was ominous for then-director Tiffany Tyler-Garner.

“Over time, there's this growing concern of ‘oh my gosh, yet another employer is indicating that they're putting folks on leave’ … and that all those tens or hundreds, or whatever size those businesses were, were headed our way,” she said.

The prospect of shutting down the gaming industry was more complex than it perhaps appeared from the outside. For starters, some casinos scrambled to find padlocks to secure their entryways. Locks, as it turns out, were not a standard feature in the 24-hour establishments.

Casinos also had to quickly devise plans for counting and safely storing cash, either on site or transferring via armored trucks to banks. Sandra Douglass Morgan, former chair of the Gaming Control Board, said regulators were fielding call after call from casino operators who wanted to ensure they were in compliance with all the logistical and accounting matters. At the same time, gaming properties were handling people-centric problems, such as notifying and accommodating hotel guests and standing up employee assistance programs for the wave of people facing sudden furloughs.

“If we had to do it all over again, obviously we would have said, ‘Okay, you have a week to close,’ to make sure all that information was put into place, but we didn’t at the time,” Morgan said. “But everyone was very understanding.”

State officials within the Department of Business and Industry, meanwhile, scrambled to help other businesses figure out whether they were considered essential and, therefore, whether they were required to shut down. The initial list of essential businesses Sisolak announced could remain open was specific, if incomplete: Grocery stores, pharmacies, banks, hardware stores, truck stops, daycares, gas stations and health facilities.

That left the rest of the non-casino businesses in somewhat of a grey area. Workers at the Tesla Gigafactory, Allegiant Stadium and several marijuana dispensaries reported for work as usual on March 18, unclear whether their employers would be sending them home at noon.

Clarification came that afternoon — an hour after businesses were supposed to close — in the form of a “Risk Mitigation Initiative” document, which outlined 20 essential services and sectors. Among them were ones the governor hadn’t mentioned the previous night, including veterinarian services and pet stores, laundromats and dry cleaners, and auto repair services. Construction and mining businesses were, separately, granted permission to remain open as well.

But, at the time, there was little to no federal guidance about how essential businesses ought to remain open safely to protect themselves, their workers and their customers. So, state officials hurried to come up with their own guidelines. Terry Reynolds, director of the Department of Business and Industry, said the state ended up being about two or three weeks ahead of the federal Department of Labor in the guidance it released for Nevada businesses and employees.

“Businesses can’t wait three weeks,” Reynolds said. “They need to know what they need to know quickly.”

Some of the issues state officials grappled with included how to keep small banks, which were legally required to stay open during the shutdown, running when their employees fell ill, and how to help restaurants safely pivot to a takeout model as dine-in operations closed. Reynolds said some restaurants were able to successfully shift their operations.

“Others did not shift very well,” he added. “It was very unfortunate because I think a lot of those may not come back at all.”

Echo & Rig, a popular steakhouse near Summerlin, saw a massive uptick in customers visiting its on-site butcher shop during the initial shutdown period when only takeout was allowed, chef and owner Sam Marvin said. But that alone didn’t spare the restaurant from feeling the sting of no in-person dining. 

At least half the Las Vegas restaurant’s employees were furloughed, and Marvin said a loan from the Paycheck Protection Program, which was established early on in the pandemic to help small businesses make payroll, “made the difference in us surviving or not surviving.”

The restaurateur doesn’t hold a grudge against state officials. Compared with California, where he operates two restaurants, Nevada gave a much earlier green light to some in-person dining when the state started to reopen. Because of all the uncertainty surrounding the virus initially, Marvin said he didn’t disagree with the shutdown, though he acknowledges his opinion may differ from others in the restaurant industry who couldn’t hang on financially.

“How can you disagree if you don’t know better?” he said. “Better safe than sorry.”

Echo & Rig’s furloughed employees were just a small slice of the hundreds of thousands of employees who lost their jobs almost overnight, pushing Nevada unemployment to levels worse than those seen during the Great Depression. In April, more than 28 percent of Nevadans were unemployed, up from 3.6 percent in February.

Those hundreds of thousands of newly jobless Nevadans quickly overwhelmed the state’s unemployment system, which was accustomed to handling about 2,500 initial claims a week but received more than 92,000 as the shutdown began. In the past year, half a million Nevadans have collected at least one week of unemployment benefits out of a workforce of 1.5 million, and the agency has received nearly two million initial applications for benefits.

“We were in response mode, without knowing exactly what the floor or ceiling would be,” Tyler-Garner said.

DETR’s problems were numerous, including a staff that had atrophied over the past decade as the federal government drew down funding. Issues as small as a vacation payout to a claimant would trigger “adjudication,” or an analytical review, but Tyler-Garner estimates only about seven people in the agency were qualified to manage that step when the crisis hit, for example.

Early on, the federal government answered pleas to support gig workers ineligible for traditional unemployment by creating the Pandemic Unemployment Assistance (PUA) program, but Nevada officials feared that adding PUA programming into the brittle system processing traditional claims would crash it and cut off claimants already receiving benefits. They bought a separate software product to administer PUA in the name of speed and IT stability, but it created a bifurcated system that bedevils claimants to this day.

Mike Powers, a guitarist who worked for a talent agency that dispatches musicians for gigs ranging from conventions to sidewalk entertainment, is one of them. From the first day he applied to PUA, the system flagged his Social Security number as tied to another existing claim, and he believes he’s stuck in limbo a year later because someone in California filed a fraudulent application in his name. 

Every day is a financial emergency, he says, but he holds out hope that he’ll someday emerge from the Byzantine system and claim the tens of thousands of dollars he believes he’s owed.

“I would hate to think that I was so close to solving the riddle and then, you know, it did not happen,” he said. 

Much of the messaging from Sisolak early on was about the public health crisis at hand and flattening the curve of what was at the time an unknown and deadly virus. But to the quarter of Nevadans who were unemployed and struggling to wend their way through the bureaucratic nightmare that was the state’s unemployment system, it often felt like they were being left behind.

Joshua Meltzer, 29, worked as a singing gondolier at the Venetian and switched to the business side of live entertainment just before the pandemic hit. But a year later, he hasn’t been paid unemployment, and after months of trying to make it with the help of friends, he left the state for Minnesota and is working a clerical job to make ends meet.  

He described the last year as a financial, emotional, philosophical and spiritual crisis all rolled into one. He’s always seen government as a force for great good, but its inability to help him has challenged that belief.

“I feel betrayed, in a way, by Nevada, which has been a place of … rejuvenation,” he said. “If that community doesn't take care of its own in crisis, I don't know if that can be my long term home anymore.”

Claimants have also criticized elected officials’ handling of the situation, from the governor failing to mention the unemployed in certain press conferences to formulaic responses when claimants poured out their hearts in desperate emails to their congressional representatives.

“The best thing you can do is just listen better and realize that there are people that are truly hurting,” Powers said. 

Reflecting back on his public communications to unemployed Nevadans, Sisolak said he “tried to speak to their plight.” He also said he wishes the state had an “army of people” to quickly work through the hundreds of thousands of unemployment claims that poured in, noting it can take up to an hour for a state worker to process some of the more complex claims.

But, mostly, he blamed yearslong underfunding and neglect of the state’s unemployment system. During a period of record low unemployment in 2019, DETR told lawmakers that after years of successive budget cuts, it was struggling to handle its call volume and expected to be able to handle only 2,800 phone calls a week in 2020.  

During the pandemic, a single claimant from Dayton reported calling DETR 2,200 times during a two-week period in April, and many others reported placing hundreds of fruitless calls a day.

“You've got a system that was basically ignored session after session after session,” Sisolak said. “Then when suddenly you're hit with a pandemic that you get claims that are 20, 25 times what you are normally getting, no system is going to work under that situation.”

To make matters worse, state officials were also tasked with sifting fraudulent claims from the legitimate ones. While DETR hasn’t quantified how many illegitimate claims were approved and how much the state paid out on those claims, they estimate they prevented billions of dollars of fraudulent payouts through blocking payment on hundreds of thousands of claims on which they couldn’t verify identity.

As of March 4, DETR reported there were 306,632 claims with pending identity issues that are suspected to be fraudulent. At least another 437,000 PUA claims were denied over identity verification issues in two rounds of mass disqualifications last year.

“The amount of fraud that was happening was unconscionable,” Sisolak said. 

But a focus on fraud has had unintended consequences for claimants. Amber Hansen, an administrator of a popular Facebook group for PUA claimants, said it casts a stigma on PUA applicants “that we’re fraudulent … some of us are inherently bad.”

“We still do have people that have eligible claims, and that need to be helped,” she said. “We have to kind of move off that issue.”

Jason Guinasso, a Reno attorney who studied DETR’s backlog as a court-appointed special master last year, said the unemployment agency has erred too much on the side of trying to control fraud, and is making policy “based on the exception, not the rule.” He compared it to a department store assuming all its customers showed up to steal.

“Imagine if they ran their store based on trying to stop shrinkage, and that's all they cared about,” he said. “Your experience going to Macy's to buy a dress would be a lot different than it would be if they were running their store to cater to the majority of people [who] are not there to steal.”

The governor praised the staff at DETR, which increased the number of people working on unemployment issues threefold by January and had many staffers working overtime to process unemployment claims under immense pressure, scrutiny and even threats, including to the director of the department. But he also acknowledged the state’s shortcomings.

“Could we have done a better job? Certainly we could have done a better job,” Sisolak said. 

As spring pushed toward summer and the number of people hospitalized with COVID-19 started to decline, the number of people unemployed because of COVID-19 creeped higher. Pressure mounted on Sisolak to start reopening the state’s economy. Leaders in some local jurisdictions signaled they weren’t going to wait for the governor’s lead, touting their own plans for reopening.

At the end of April, Sisolak announced the state would begin an “active transition” toward reopening that would start with some of the safest businesses, including indoor retail spaces, before progressing to the riskier establishments, such as casinos. At the time, he credited Nevadans’ “incredible discipline” in halting the spread of the virus.

The casinos had a model for reopening: Macao. Casinos in the special administrative region in China had already opened their doors again. But when they did, it was with significant capacity limits, social distancing at table games and slot machines, temperature checks and face masks. Resorts in Las Vegas could essentially take the Macao playbook, make a few adjustments for scale, and put it into practice.

Casino floors — known for their winding paths that keep gamblers wandering and shoving money into slot machines — would have considerably more elbow room. The Gaming Control Board issued a policy document in May spelling out some of the new rules of the trade.

Table games now have player limits: six people for craps, three for blackjack, four at roulette and poker tables. Some slot machines, meanwhile, were placed in an extended hibernation to make way for social distancing. Conversations also occurred around how to disinfect gaming chips without compromising their integrity.

And then there was the human aspect.

The Culinary Union lobbied hard for the approval of SB4 during a special legislative session last summer. The bill, which passed and was signed into law by the governor, shields many Nevada businesses from frivolous lawsuits related to COVID-19 — but only if the companies adhere to the strict, government-imposed health and safety protocols that prevent spread of the virus. Union officials pushed for the measure in honor of Adolfo Fernandez, a utility porter at Caesars Palace who died in June after falling ill with COVID-19.

Despite the bill’s passage, the union wants to see more done to protect hospitality workers, many of them on the front line interacting with people who have traveled to Las Vegas. D. Taylor, president of UNITE HERE, the parent organization of the Culinary Union, said he was unhappy that food service and hospitality workers weren’t prioritized higher up in the state’s vaccination schedule. Casino workers in Clark County did not become eligible for vaccines until Thursday. 

He framed it as both a safety and equity issue.

“Who are workers on the frontlines?” he said, referring to the union’s membership. “They’re predominantly female and people of color.”

For Las Vegas, as a tourist destination, the focus was not only on safety but how to effectively communicate to tourists how seriously the industry was taking precautions. This wasn’t the first time the city had to pivot its branding strategy. In the years after 9/11, the “What happens here, stays here” slogan was born. In the wake of 1 October, it was, “#VegasStrong” and a message of resilience.

But the city had never had to market itself in the middle of an ongoing public health crisis. In the weeks before casinos reopened, cases had been fluctuating. In early June, right around when casinos opened, cases started to climb.

"This one, you didn't know where we were going,” said Vassiliadis, CEO of R&R Partners, the ad agency for the Las Vegas Convention and Visitors Authority. “It was like we were in this abyss, making decisions and consulting with folks with daily information that was fuzzy at best.”

The message Las Vegas ended up adopting was one that balanced safety with freedom. A weekend in Las Vegas, even with masks and social distancing, was still a lot more fun than a weekend stuck at home ordering DoorDash, Grubhub and Uber Eats.

“We didn't need to have the old Las Vegas for them to feel free,” Vassiliadis said. “They just needed more freedom than the restrictions they had been living under for the previous three months.”

There was just one catch: Sisolak didn’t announce a statewide mask mandate until 20 days after casinos reopened. While employees were wearing masks, it was up to casino patrons whether to don that extra layer of protection. In mid-June, the Gaming Control Board issued an industry notice that required patrons to wear face masks at table games if there was no barrier or shield separating the players and dealers.

Even Caesar himself — the statue version, that is —  wore a giant mask in a bid to encourage others to follow suit. By the second week casinos were open, Morgan, then the state’s chief gaming regulator, said it was clear many people weren’t heeding that advice.

“It was harder for casino staff to tell people to wear masks if it wasn't mandated,” she said.

The governor’s order, issued on June 24, turned the option into a requirement. But controversy surrounding the decision spilled into gaming properties where some security officers suffered injuries after upset guests lashed out when told to wear a mask, Morgan said.

“No one should have bodily harm being threatened because you’re just doing your job telling people to comply with the mask mandate,” she said.

Pre-opening visitor surveys showed it was a “much younger and more rambunctious crowd” that was eager to return to Las Vegas, Vassiliadis said. And those surveys were borne out in reality: The crowd that first returned to Las Vegas was made up of younger, healthier people who were less concerned about contracting the virus and more concerned about busting loose after months of quarantine, and low room rates meant that some of Las Vegas’s top properties were now affordable for younger people, particularly if they stayed two or three to a room.

In the wake of its reopening, Las Vegas saw fights, shootings and stabbings on the Las Vegas Strip. In response, resorts stepped up their security and the Las Vegas Metro Police Department increased its police patrols.

“Underscoring that's not tolerated here to a lot of those visitors, I think, changed the situation rather quickly,” Vassiliadis said. “I don't think we suffered any kind of reputational long-term hit. I know we haven’t.”

At the state level, the governor’s office sought to convey to surrounding Western states the tightrope Nevada was walking by trying to balance the state’s economic and public health needs. In some ways, Nevada needed the buy-in of surrounding states so that they would keep sending their residents to Las Vegas and not blacklist the state through a travel advisory.

Michelle White, Sisolak’s chief of staff, recalled having “candid, open conversations” with other members of the Western States Pact, a compact established early on in the pandemic between Nevada, California, Oregon, Washington and Colorado, about Nevada’s difficult situation.

“We have states around us who I think were exceptional in understanding the situation that we were in … and genuinely were rooting for us to be OK,” White said. “Being able to explain that to folks and talk through that I think was really, really helpful in our efforts.”

Still, at one point in early December, California — which is home to 1 in 5 visitors to Las Vegas — issued a travel advisory encouraging residents to avoid nonessential travel to other states; it was a little less a month after Sisolak had encouraged visitors to continue traveling to the state even as cases surged in Nevada.

“If there were times where [Western states] said, ‘You know, we're concerned for our residents in a surge and so we're going to require quarantine,’ that’s an acceptable, reasonable thing to do for other leaders who are concerned about their residents. The way it was discussed, at least, was never about in response to Nevada directly,” White said. “It was more of, ‘This is a step we're going to take, this is another mitigation measure we're going to take to try to slow the spread and the surge.’”

For other businesses, reopening would bring with it a host of questions: Would employees have to wear masks? Could they hold meetings in person? What happens if an employee tests positive for COVID-19? There were also industry-specific considerations. How should salons disinfect their equipment? Could movie theaters open their snack bars? Would vehicles need to be sanitized at car dealerships between test drives?

To answer those questions and more, the state authored a series of reopening guidelines. Reynolds, director of the Department of Business and Industry, said the state got feedback on reopening plans from a number of different industries, from the Retail Association of Nevada to the REALTORS.

“In most cases, they were extremely helpful in terms of giving us perspective on what to look at and what can be done to keep things going and what we needed to do, how we need to approach things in concert with the medical advice that we got,” Reynolds said.

But businesses had to make adjustments beyond those required by the state to stay financially afloat as they reopened under strict capacity limits. Echo & Rig, for instance, added more seating in a second patio area that had previously been largely unused and trimmed its menu — from 60 to 42 items — as a cost-containment measure. 

Some menu items went up in price as well to balance the ripple-effect felt throughout the supply chain. Restaurants are still dealing with changes in where they’re able to source certain food items, he said. Some of their beloved vendors went out of business.

Marvin, the restaurant's owner, was pleasantly surprised by the number of people willing to venture out and dine at Echo & Rig once it opened its doors. He’s hopeful that customers, at his restaurant and other eateries, will continue to offer them patience — knowing that things will still look and feel a bit different because of safety protocols and other changes designed to keep the businesses viable.

Once businesses reopened their doors, the next challenge was enforcement. Reynolds said state officials took a “one, two, three” approach, giving businesses guidance on how to come into compliance on their first two visits before issuing citations on the third visit.

“A lot of businesses basically just needed a little bit of training on how to do things,” Reynolds said.

To date, the state’s Occupational Safety and Health Administration has conducted about 13,000 first visits to businesses. Compliance with the state’s COVID-19 health and safety protocols is about 92 percent in Northern Nevada and 90 percent in Southern Nevada, though Reynolds noted that compliance on first visits has been 100 percent most weeks since January.

Reynolds said that of the businesses found to be not in compliance with the state’s rules, he estimates only less than 10 percent were truly thumbing their nose at the state’s requirements. 

“We were tough on the front end on a lot of these businesses, but I think now we’re seeing for the last six, seven weeks good compliance overall,” he said.

And some businesses that initially seemed uninterested in complying with the state’s guidelines eventually came around, Reynolds said. About $60,000 in health and safety-related fines were issued to Walmart before it came into compliance.

“All of a sudden, corporate culture came in and started working on it very strongly,” Reynolds said. “It just took time. Once they did, it grabbed hold and they’ve done well.”

Even as businesses began to heal, Nevada workers continued to struggle.

When nonessential businesses started opening in May and the 78-day casino shutdown lifted on June 4, it didn’t have the same lightswitch effect with unemployment. There were still 285,610 people seeking Nevada unemployment benefits the first week of March — nearly one in five people in the state’s labor force.

A report by the Anderson Economic Group, which has been following the economic effects of COVID-19, described the December jobs numbers as a “continued trend of lethargic recovery.” Between November and December, the leisure and hospitality industry lost 2,000 jobs in Nevada, though gains in other industries offset that.

Only about 50 percent of the members of the Culinary Union, which represents roughly 60,000 resort employees across the state, including guest room attendants, cooks and porters, have returned to work since last year, though their work hours may not be the same. At the height of the shutdown, 98 percent of the union’s members were furloughed.

“Our industry — the hospitality industry overall — has been the hardest hit,” said Taylor, UNITE HERE’s president, said. “Now, we always see signs of life coming back in certain areas, which is great, but until people feel very safe travelling, until they feel safe with indoor dining and staying indoors, it will be challenging.”

Mary Ann Bautista is among those who haven’t been called back to their union jobs. Before the pandemic, she spent 14 years as a buffet food server at The Strat. 

As a single mother with several teenagers still living in the house, she said it has been difficult to make ends meet on unemployment benefits alone. Bautista has leaned on the Culinary Academy’s food assistance program for help over the past year. She longs for the day when she can resume her job. 

“This is not our fault. We didn’t do this,” she said. “This is a pandemic. We didn’t ask for this. We work hard.”

DETR Director Elisa Cafferata said when she arrived at the agency in August, there were nonstop calls from constituents needing help and a major backlog. To this day, she said the applications haven’t tapered off as much as she expected.

“We've definitely made a lot of progress. There's still a lot of hard work to do,” she said. “The thing I'm most focused on is how do we sort of pivot and help people start thinking about going back to work.” 

But the employment figures also highlight a troubling trend, said Brian Peterson, director of public policy and economic analysis with the Anderson Economic Group. In Nevada, nearly 74,000 people dropped out of the labor force completely between February and December of last year. These are people who have reported not actively looking for a job in the past four weeks.

“The big question is, what are those 74,000 people doing?” he said. “Have they become discouraged? Are they planning on waiting out the pandemic? My guess is that at least some of those 74,000 folks want to have a job, but they just haven't been able to find anything.”

There is a certain optimism within the resort industry about Las Vegas’s ability to once again come roaring back as a tourist destination. 

Las Vegas has already, essentially, been at the capacity allowed under the state’s emergency directives for some of the recent three- and four-day weekends, Vassiliadis said. World of Concrete is slated to be the first major convention to return to Las Vegas in June, and Cirque du Soleil is hoping to bring back its aquatic acrobatics show “O” at the Bellagio by July.

Tourism officials say the old notion of Las Vegas — a great escape in the desert where fun and freedom trump judgment — could be the very reason it will bounce back more quickly than other destinations. Sure, it might currently lack some of the traditional offerings. Nightclubs, for instance, aren’t jam-packed with partygoers on the dance floor. But the sunshine, warm weather, dining and gambling options might be enough to lure travel-hungry guests, even if other entertainment options are somewhat limited.

“People want to see family and then they want to get away, and when they want to get away, Vegas tops that list,” said Steve Hill, president and CEO of the Las Vegas Convention and Visitors Authority.

Of course, this all boils down to people’s willingness to travel. Vaccine deployment will play a crucial role boosting that confidence level, state leaders say. But the Centers for Disease Control and Prevention hasn’t exactly given would-be tourists its blessing. The nation’s top health authority recently issued guidance discouraging travel among fully vaccinated people — a point that has received pushback from some within the travel and health industries. 

Plus, it’s unclear whether COVID-19 cases will remain at their current plateau or see a springtime surge as a result of the increasing spread of variants and loosening restrictions. In Las Vegas, tourism outpaced projections when casinos initially reopened last summer but then took a nosedive toward the end of the year as coronavirus cases multiplied again.

“I'm pretty optimistic about the direction we're headed in now,” Hill said. “But we didn't anticipate the extreme nature of the spikes that we saw around Thanksgiving and Christmas and how much damage that did to the economy here.”

Another variable: the return of business meetings and conventions, which boost the economy during off-peak travel seasons. There’s even hope that some conventions might return to Las Vegas in the second half of 2021 and then return during their normally scheduled time in early 2022.

The Las Vegas they return to, however, will likely look a little different. Resorts have more eagerly embraced new technologies, such as remote check-in and keyless hotel room entry. In the case of MGM Resorts, a partnership with Clorox as the resorts’ “official guest disinfectant and hand sanitizer brand” is now a selling point.

Jim Murren, former CEO of MGM Resorts, envisions Las Vegas marketing itself as the “preeminent health safety tourist destination in America” — even beyond what resorts are already doing.

“When you do that ... we rip conferences and conventions away from Atlanta and Miami and New York and Chicago and Dallas and LA,” Murren said. “If they have a choice of listening to Lady Gaga in LA versus Vegas, and we can market that it’s safer to do it here, they’re going to come here.”

There is, however, less optimism about the future beyond the Las Vegas Strip. It’s not that state officials don’t believe Nevada’s economic situation will improve across the state — they do — but they worry about the small businesses and workers getting left behind.

Lawmakers have taken steps to help, including authorizing $100 million for the Pandemic Emergency Technical Support (PETS) grant. They hope $10,000 or $20,000 cash infusions backed by federal dollars will keep thousands of small businesses alive.

“It's always easier to keep what you've got … You're so much better off doing that and trying to spur new startups,” said Bob Potts, deputy director with the Governor’s Office of Economic Development. “The recovery side of things — that has to be paramount.”

Sisolak is hopeful he will be able to work with the Legislature to fix the longstanding problems with the state’s unemployment system. A computer modernization project that could cost up to $50 million is on tap for the next few years pending availability of funding, and a “strike force” led by former Assembly Speaker Barbara Buckley made extensive recommendations for how DETR could be better prepared to scale up staffing if another crisis hits as suddenly as COVID. 

“Prepare for war in times of peace,” Tyler-Garner advised. “I couldn't underscore more the need to ensure that we're always planning to strengthen our systems, because we never know what the demand might be in the future.”

But there’s also an acknowledgement among many in the state that Nevada’s problems run deeper, and that recovery cannot begin and end with Nevada’s tourism industry, or even with fixing the state’s unemployment system. The goal, they believe, has to be a long-term fundamental shift in thinking about the state’s economy. Murren, who became the CEO of MGM Resorts during the Great Recession, recalled seeing the “economic, social, mental, physical devastation of our community” because of Nevada’s reliance on one industry for a significant chunk of its tax revenue.

“Here we are again, and what did we learn? It seems very little,” Murren said. “Whenever things are doing well here in our state, there seems to be this expectation that they'll always be that way and that we should just not rock the boat.”

Tyler-Garner said before the pandemic, she had been working on how DETR would respond to problems that lurked just below the surface of the state’s illustrious unemployment rate: Wage stagnation. Jobs without adequate benefits. Dramatically higher unemployment in subgroups such as the formerly incarcerated.

“Some of the families that were already working two or three low wage jobs ... I shudder to think of what is happening to those families right now,” she said. “Those segments of our community were invisible.”

For Buckley, who runs Legal Aid of Southern Nevada as her day job and has seen the agency deal with a record of nearly 163,000 clients in 2020 in a region of a little more than 2 million, the pandemic has highlighted the need to invest further in the safety net and — deeper than that — Nevada schools.

“I think that key leadership throughout our state do recognize our shortcomings and are working on plans to change our over reliance on gaming and hospitality,” she said. “But as many have pointed out, it means more of an investment is needed in education and in our schools, to allow us to compete.”

That’s, in part, why the governor’s private-sector COVID-19 task force, which has in the last year helped the state secure personal protective equipment, ramp up testing, build out a contact tracing app and bridge the digital divide for students, plans to focus next on workforce recovery. Nevada was also one of nine states awarded up to $100,000 in grant funding through the National Governors Association to help states prepare for a post-COVID economy.

But Murren, who chairs the task force, believes economic diversification will only happen in Nevada if and when the state chooses to make a significant investment into the quality of life of its residents, including supporting education, health and safety, the elderly and homeless individuals. And he believes it will take the support of everyday Nevadans, too.

“What makes me incredibly angry is that so many people move to our state to avail themselves to our lifestyle, to our weather, to our natural beauty, to our entertainment, to what is great about Nevada, but they don’t contribute to it,” Murren said. “The will of the people seems to be that we don’t want taxes, or little taxes, or we don’t want to raise any revenue, any form of proper investment. Then, you get what you get in Carson City as well.”

Nevada’s budget was already slim to begin with, and it became even slimmer when lawmakers cut nearly a billion dollars from the state’s budget over the summer. That included hundreds of millions of dollars in spending on health care and education. Though Nevada received nearly $25 billion in federal aid in the last year, state officials felt like they were constantly worrying about how to pay for needed services.

“Nevada doesn’t have a huge safety net to provide on the best of days, and that’s the reality of it,” said White, the governor’s chief of staff. “That’s the hard reality of it.”

That reality is visible in places like the Culinary Academy’s parking lot. Its food distribution operation is called Helping Hand, and Scott, the organization’s CEO, said it’s not time to let go yet. The Culinary Academy anticipates providing food assistance to needy families through the end of the year in some form.

Scott knows community members remain appreciative.

It’s not uncommon, he said, to find notes of gratitude waiting in the vehicles’ trunks.

Part III coming Sunday, March 21.

Sisolak appoints his former general counsel as new Gaming Control Board chair

Gov. Steve Sisolak has chosen his former general counsel, J. Brin Gibson, to lead the Nevada Gaming Control Board.

Sisolak announced on Tuesday afternoon that he was appointing Gibson as the new chair and executive director of the gaming regulatory agency. Gibson will take the reins following the departure of Sandra Douglass Morgan, who last month accepted a position on Fidelity National Financials' Board of Directors.

Gibson, who most recently served as a shareholder at Brownstein Hyatt Farber Schreck, will start his new role Nov. 18. He will be leaving his position with the law firm.

“I am humbled and honored that Governor Sisolak would appoint me chair of the Nevada Gaming Control Board at this point in the state's history,” Gibson said in a statement. “It is a position that has been occupied with individuals of high character and ability, including the outgoing chair, Sandra Douglass Morgan, who has done an exceptional job under the most difficult circumstances. I will work tirelessly to serve with the same sense of honor and dignity for the position those before me have shown.” 

Gibson’s path to the Nevada Gaming Control Board began at Brigham Young University, where he earned his bachelor of arts, master of public policy and juris doctor degrees. He went on to serve as first assistant attorney general and chief of the gaming division within the Nevada attorney general’s office, overseeing a staff of nearly 400 lawyers and legal support professionals. Gibson's time in that office coincided with former Republican Attorney General Adam Laxalt's leadership.

As chief of the gaming division, Gibson also served as primary legal counsel to the Nevada Gaming Control Board, Nevada Gaming Commission and Nevada Gaming Policy Committee. Former Gov. Brian Sandoval also appointed Gibson to serve as the commissioner of the Colorado River Commission of Nevada. 

During the summer, Gibson helped the governor’s office during the two special legislative sessions, underscoring his close working relationship with Sisolak. He served as the governor’s general counsel from January 2019 until January 2020.

Sisolak, in a statement, lauded Gibson as “exactly the type of committed public servant” needed at this time in the state’s history.

"Brin's extensive background and expertise in highly regulated industries, including his experience as Chief of the Gaming Division, makes him a perfect fit for this position, and I look forward to watching him excel in this position,” the governor wrote.

The Nevada Gaming Control Board next meets Dec. 2 and Dec. 3.

Sandra Douglass Morgan leaving post as chair of Gaming Control Board

Wynn Resorts on the Las Vegas Strip

Sandra Douglass Morgan, who has played a key role shepherding the gaming industry through the pandemic, has resigned as chairwoman and executive director of the Nevada Gaming Control Board.

Gov. Steve Sisolak announced her departure in a news release Thursday afternoon, noting that she is “resigning to pursue an exciting professional opportunity.”

On Friday morning, Fidelity National Financial, the nation’s largest title insurance company, announced that Douglass Morgan had been elected to its board of directors. Bill Foley, who owns the Las Vegas Golden Knights hockey team, chairs the company board.

She starts her new role Nov. 9. 

Sandra Douglass Morgan, chair of the Nevada Gaming Control Board. (Photo courtesy of the Nevada Gaming Control Board)

Her resignation from the gaming regulatory body is effective Nov. 6. No successor has been named yet.

Douglass Morgan, who was the first African American to serve as chair of the Gaming Control Board, called her time as its leader an “honor of a lifetime.” She has served as the board’s chair since January 2019, when Sisolak appointed her after entering office.

“In the last two years, the Board has ensured that gaming licensees adopted and implemented policies for all types of discrimination and harassment, modernized its regulations to allow cashless wagering at machines and table games, investigated the merger creating the world’s largest casino company, and adopted COVID-19 mitigation measures,” she said in a statement. 

The governor praised Douglass Morgan as someone who has a “steady hand and unmatched leadership,” especially during the turbulent last few months in the gaming industry.

“She will be greatly missed, but her leadership and ability to put together a talented team has left the State in a great position to fill the role with another accomplished individual,” Sisolak wrote. “We again thank Sandra for her many accomplishments and time at the State.” 

It’s not immediately clear where Douglass Morgan is headed next in her professional career. When Douglass Morgan took on the board leadership role, she replaced former chairwoman and Republican former state Sen. Becky Harris.

This story was updated at 6:56 a.m. on Friday, Oct. 30, 2020, to reflect Douglass Morgan's next career move.

As online gaming expands in the U.S., experts worry Nevada could be left behind

In April and May combined, when Nevada’s casinos were closed to slow the spread of COVID-19, statewide gaming revenues totaled $9.44 million, a more than 99 percent decline over the same two months in 2019.

Gaming win came from mobile sports wagering on Belarusian soccer, Korean baseball, Chinese table tennis, other non-traditional games and gambling on – Nevada’s lone online poker site.

It was a different story in New Jersey and Pennsylvania.

Both states’ casinos were also closed, but New Jersey gaming revenues totaled $178.4 million over the two months. Pennsylvania reported $108 million.

The difference was online gaming, which accounted for more than 75 percent of the revenue.

The websites in those states are not just dedicated to poker but also include wagering on table games and slot machines with the same themes found in traditional casino settings.

New Jersey and Pennsylvania have multiple online gaming websites affiliated with gaming companies tied to Nevada, including MGM Resorts International, Golden Nugget and Caesars Entertainment, which owns the World Series of Poker-affiliated WSOP site.

“From our organization’s perspective, Nevada is missing out,” said John Pappas, spokesman for the Washington D.C.-based iDevelopment and Economic Association, which goes by iDEA Growth, a trade organization for the digital and interactive gaming community.

“We recognize that change in Nevada has to be spearheaded by the brick and mortar casinos,” Pappas said. “There can be a tremendous amount of benefit.”

Eilers and Krejcik Gaming Research analyst Chris Grove said a “healthy debate” could take place in comparisons of New Jersey’s growing online gaming market with Nevada’s online casino potential.

“It’s evident to us that the introduction of online casino would have an additive impact on the total amount of gambling revenue generated by the Nevada locals market,” Grove said.

A Caesars representative said the company wasn’t aware of momentum in Nevada for legalizing online casino games. A spokeswoman for BetMGM – MGM’s joint venture online wagering application – said it would offer online gaming once it's allowed in Nevada.

Texas casino and restaurant developer Tilman Fertitta is spinning off Golden Nugget’s online gaming business into a public company this year, looking to grow outside its market-leading presence in New Jersey. Nevada, where Fertitta owns the Golden Nugget casinos in downtown and Laughlin, could be a target.

“We look forward to expanding our operations to Pennsylvania and Michigan, where our licensing process is ongoing,” Golden Nugget Online Gaming General Manager Thomas Winter said in a statement. “We are closely monitoring the legislative momentum in other states.”

Nevada lawmakers legalized internet gaming for a brief time in 2002. The efforts were halted when the Department of Justice advised the state that federal law prohibited internet gambling.

After the Federal Wire Act was reinterpreted by the U.S. Department of Justice in December 2011, a handful of states explored online gaming legalization. Nevada lawmakers approved online poker in 2013.

Today, five states offer online gaming – Delaware, Pennsylvania, Nevada (poker only), New Jersey and West Virginia. Michigan has legalized online gaming but has not yet gone live with the activity. Seven states had online gaming legislation pending in the spring before the coronavirus outbreak caused lawmakers to suspend sessions indefinitely.

Earlier this month, the American Gaming Association said the impact COVID-19 had on second quarter gaming revenues nationwide amounted to a 79 percent decline compared to a year ago. All gaming verticals but one – online gaming – showed double-digit decreases.

Combined, the five online gaming states produced revenues of $402.7 million for the quarter, an increase of almost 254 percent.

AGA CEO Bill Miller noted the quarter was the first time that online gaming recorded higher revenues than sports betting, which was legalized in May 2018.

What about Nevada?

So why hasn’t Nevada legalized online casinos?

The simple answer is lack of consensus in the casino industry.

Las Vegas Sands Corp. has not moved from its nearly decade-long opposition to online gaming. Company Chairman and CEO Sheldon Adelson once vowed to spend millions to kill the activity.

On the other end of spectrum, billionaire media mogul Barry Diller spent more than $1 billion through IAC/Interactive Corp. this summer to acquire a 12 percent ownership stake in MGM Resorts. His primary focus is MGM’s interactive gaming business.

Diller, who is chairman and senior executive of IAC, said online gaming “currently comprises a tiny portion of its revenue. It’s so small, he said, that “it rounds down to zero.”

In 2018, MGM Resorts and United Kingdom-based sports betting conglomerate GVC Holdings partnered to form Roar Digital, which oversees the BetMGM app. The product is live in seven states and expects to be operating in 11 states by the end of 2020.

“There is a digital-first opportunity within MGM Resorts’ already impressive offline businesses, and with our experience, we hope we can strongly contribute to the growth of online gaming,” said Diller, who founded Fox Broadcasting and USA Broadcasting.

Other Nevada-based casino operators have launched online gaming outside of the Silver State. Caesars has online gaming sites in New Jersey and Pennsylvania while Boyd Gaming is a partner with FanDuel in an online casino in Pennsylvania that is tied to Boyd’s Valley Forge Casino.

Grove said Nevada’s “unique” gaming market is unlike the rest of the country in its “saturation” of casinos geared to different customer demographics.

“Nevada has a far greater variety of retail gambling outlets, a smaller population, and a greater density of total population proximate to the full range of retail gambling outlets than you'll find in any other state,” Grove said. “All of that makes precise forecasting of Nevada's online casino potential a challenging task.”

Adding online casinos in Nevada 

If state gaming regulators – with casino industry backing – decide to add online casinos, there isn’t a need to go back to the Legislature.

Longtime gaming attorney Tony Cabot, now a Distinguished Fellow in Gaming Law at UNLV’s Boyd School of Law, said “the framework is clearly in place” following the passage of previous efforts.

“The gaming commission was uncomfortable doing anything beyond poker,” Cabot said. “The regulations governing internet casinos would just have to be approved.”

Gaming Control Board Chairwoman Sandra Douglass Morgan said the Gaming Policy Committee, under then-Gov. Brian Sandoval, met in 2016 and discussed online gaming and future opportunities for Nevada.

“However, there was no decision to expand interactive gaming beyond internet poker at that time,” Morgan said. Still, state gaming law allows interested parties to petition the Nevada Gaming Commission for regulation changes.

“If a policy decision is made to expand interactive gaming beyond internet poker, the Gaming Control Board will fulfill its statutory duty to ensure interactive gaming is properly regulated,” Morgan said.

Cabot, who has written extensively on internet gaming, questioned whether Nevada’s market size could support the investment casinos would need to make to launch full-scale online gaming. He believes one casualty would be the growing social gaming business, where customers play free casino games and slots online in exchange for virtual tokens.

Pappas said internet gaming would only enhance a casino’s offerings.

“Nevada has done a great job embracing mobile sports betting,” Pappas said. “The state needs to take it one step further.”

Online poker history

After launching in 2013, Nevada at its height had three poker websites:, South Point’s Real Gaming and Station Casinos’ Ultimate Poker, which was the first to launch in April 2013, but was closed after 19 months.

By statute, state gaming regulators only release gaming revenue figures when there are three reporting businesses. Just once in the eight months that Nevada had three poker sites did online gaming combine to produce more than $1 million in revenue — $1.037 million in June 2014.

In 2015, Nevada signed a multistate poker network agreement with Delaware where players from the two states could share poker tables and tournaments. The network still exists, and New Jersey joined a few years later.  

Growing business

Internet gaming has not expanded at the same pace as sports betting, which is now available in 18 states with another four states potentially able to launch before the end of 2020. In 2019, gamblers nationwide legally wagered more than $13 billion on sports, a figure that was easily on track to be crushed in 2020 until COVID-19 shut down college and professional sports and the gaming industry.

While the interest for digital gaming has picked up, Nevada could be left behind.

Boston-based DraftKings went public in April and since June, the company has launched sports betting in Colorado, an online casino in Pennsylvania, sports betting in Illinois and an online casino in West Virginia. DraftKings is working to enter the Virginia and Tennessee markets for sports betting and Michigan for sports betting and online gaming.

DraftKings does not have any operations in Nevada.

Penn National Gaming, which operates Tropicana Las Vegas, M Resort and two casinos in the northeastern Nevada town of Jackpot, is preparing to roll out a sports betting and online game app in partnership with sports media platform Barstool Sports.

Penn spent $163 million to acquire 36 percent of Barstool in February, looking to attract the platform’s 66 million-member fan base.

Penn CEO Jay Snowden recently told private investors at a meeting hosted by Truist Securities that the Barstool branded app would launch in Pennsylvania in September and in Michigan by November. New Jersey, Indiana, Iowa, West Virginia and Colorado would roll out in early 2021, he said.

Nevada was not mentioned, and no reason was given.

Some analysts suspect the IAC investment into MGM Resorts could jumpstart online gaming in many states, including Nevada.

“IAC is clearly taking a long-term view of the online opportunity within gaming,” said Deutsche Bank gaming analyst Carlo Santarelli.

James Wheatcroft, a United Kingdom-based gaming analyst for Jefferies, expressed a bright future for the U.S. online gambling market, projecting $19 billion in revenue from sports betting by 2023.

“We anticipate that (internet) gaming is the next logical step in the legislative process, with casino-oriented MGM well placed to benefit,” he said.

Disclosure: Chris Grove, mentioned in this story, has donated $2,550 to The Nevada Independent through 404 LLC.

Howard Stutz is a freelance gaming reporter for The Nevada Independent and the executive editor of CDC Gaming Reports. He has been a Nevada journalist for 30 years. He can be reached at On Twitter: @howardstutz

Gaming Control Board files health and safety complaint against the Sahara Las Vegas

The Nevada Gaming Control Board has lodged its first COVID-19-related complaint against a Las Vegas Strip property.

The regulatory agency filed a complaint Monday against the Sahara Las Vegas with the Nevada Gaming Commission. The complaint alleges the Sahara allowed a luncheon on property for a local trade group that was attended by about 135 people, violating Gov. Steve Sisolak’s order that limits gatherings to 50 people.

The second count relates to a board agent observation on June 16, when a person not participating was standing adjacent to three players at a craps table and another person, also not participating, was standing between two blackjack players at a table. The board agent also saw five people gathering around another person playing a slot machine. The incidents violate the board’s health and safety policies, which prohibit people congregating around gaming tables or machines.

The Sahara’s vice president of government affairs told a board agent there was a “misunderstanding” about occupancy limits and gatherings, according to the complaint. The executive thought — based on a conference call with the Nevada Resort Association, Clark County Commissioner Marilyn Kirkpatrick and Board Chair Sandra Douglass Morgan — that events involving food and beverage could be held to the 50 percent occupancy standard for restaurants.

The complaint also acknowledges casino staff acted swiftly to eliminate people congregating after the board agent brought it to their attention.

“When asked about the instances of noncompliance, the Assistant Casino Manager acknowledged and immediately corrected the situations at the craps and blackjack table (the patrons congregating at the slot machine had already dispersed of their own accord),” the complaint states. “The Assistant Casino Manager also spoke with the dealers at the respective tables about the requirements.”

The complaint comes after the Gaming Control Board last week announced it had opened 156 regulatory cases statewide related to non-compliance with the agency’s health and safety policies. The board said it had conducted more than 10,135 inspections and observations as of June 28.

The Gaming Control Board also has filed four formal complaints against licensees in areas outside of Las Vegas. Those complaints were filed against the Hotel Nevada in Ely related to face mask use; the Bowl Incline in Incline Village related to bar-top slot machines; the C.O.D. Casino in Minden related to face mask use; and Cheers Tap House in Winnemucca related to bar-top slot machines.

The complaints set in motion a disciplinary process outlined in the state’s gaming regulations. The licensees can respond by filing an answer with the Gaming Commission or request settlement options with the Nevada Gaming Control Board.

A Sahara spokesperson released a statement Wednesday saying “nothing is more important” than the health and safety of guests and employees — and, as such, the property worked with health experts prior to reopening to develop its own “stringent health and sanitation protocols.”

The statement also noted that the Sahara will continue working with government agencies to meet the standards.

“We take our duties as a licensed gaming operator very seriously and work continuously to adhere to the health and safety standards set forth by the Governor and Nevada Gaming Commission,” according to the statement. “As stated in the Nevada Gaming Control Board filing, we acknowledged and immediately corrected conditions related to State-mandated social distancing protocols inside the resort identified shortly after reopening in June.”

This story has been updated with additional information from the complaint as well as a statement from the Sahara Las Vegas.

Gaming Control Board adds stronger language on face masks to health and safety policy

The encouragement for casino patrons to wear face masks just got stronger.

The Nevada Gaming Control Board issued an industry notice Wednesday with an updated health and safety policy. It adds requirements casinos must follow regarding face masks without outright mandating them for guests. 

But if patrons want to play table or card games that don’t have any sort of barrier separating them from the dealer, they’ll need to don a face mask. That’s one of the new requirements in the policy, and it applies to players and anyone else within six feet of the table or card game.

Properties must also offer all guests a face covering as they enter the casino or have “dedicated signage” alerting patrons to the availability of the personal protective equipment, according to the policy update. And if anyone asks for one, it must be provided.

The policy update also notes that personal protective equipment may be required by federal, state or local authorities, and if so, casinos must provide training for employees on how to use and dispose of it.

As nonrestricted licensees, casinos must adhere to the regulations set forth by the Gaming Control Board or risk facing discipline or revocation of their licenses.

The changes come amid an increase in COVID-19 cases across the state and an acknowledgment by state officials — including Gaming Control Board Chair Sandra Douglass Morgan — that people appeared to be easing up on mask use despite growing evidence that they can prevent the spread of the life-threatening virus.

Douglass Morgan told The Nevada Independent during an interview Monday that she had noticed a decline in the number of people wearing face masks since casinos were allowed to reopen June 4. She urged people to act responsibly in the age of the coronavirus.

“Our patrons need to be responsible and respect and follow the guidelines if they want to come back in three or six months or a year,” she said.

The Gaming Control Board on Wednesday also issued a policy outlining guidelines for hosting a closed event at gaming properties. It applies to any live event that would normally have an in-person audience, such as sporting events, concerts, entertainment shows or other competitions.

The event operator must file an operation plan to the Gaming Control Board 14 days prior to the event. That plan must detail the steps being taken to follow the requirements outlined in the closed event policy.

Gaming regulators noted that additional policy updates may be forthcoming as the pandemic evolves.

“In conjunction with state and local health officials, the Board will continue to ensure that best practices are used in the mitigation of COVID-19, and its effect on the resumption of gaming operations, and will issue further notices as appropriate,” the industry notice states.

Clark County's chief health officer urges face mask use; governor sets news conference for this evening

A man pulls at his mask in line

Clark County’s chief health officer, Dr. Fermin Leguen, issued a lengthy statement Monday morning imploring residents to wear face masks despite it not being a mandate.

Southern Nevada Health District officials said his statement was prompted by a rise in COVID-19 cases and anecdotal evidence suggesting fewer people are heeding recommendations to wear face masks to help prevent the spread of the upper-respiratory virus. The health agency reported an additional 242 cases Saturday, 179 cases Sunday and 80 cases today — bringing the county total up to 8,815.

“Unfortunately, as more businesses are opening and people are beginning to resume their normal activities, it is easy to forget that we are still responding to a pandemic, and precautions need to be taken,” Leguen said in a statement.

He went on to note that face coverings have “faced opposition from limited segments of the population and reluctancy from some local business to properly request it from its patrons” despite growing evidence of their health benefits. Leguen then asks everyone — employers, workers, customers, residents and visitors — to wear face masks in public areas. He also asks the business community to consider adopting “more stringent” face-covering policies.

“Together we can continue to slow the spread of the COVID-19 in our community,” he wrote. “Stay safe.”

The 412- word statement comes the same day as Gov. Steve Sisolak announced a 5 p.m. press conference to provide an update on the state’s Phase 2 reopening plan. Nevada moved into Phase 2, which included allowing churches, gyms and bars to reopen with social-distancing requirements, on May 29. Casinos were allowed to reopen June 4.

Nevada Gaming Control Board Chair Sandra Douglass Morgan has expressed dismay at the number of patrons not wearing face masks in casinos. During a phone interview Monday morning, Douglass Morgan said she has seen a decline in face mask usage since June 4.

Per the regulatory agency’s health and safety policy, casino employees are required to wear face masks, and casinos must make masks available to patrons, who are strongly encouraged to wear them.

Douglass Morgan urged patrons to act responsibility by wearing face masks, not relax safety precautions amid the ongoing pandemic.

"Our patrons need to be responsible and respect and follow the guidelines if they want to come back in three or six months or a year,” she said.

Indy Q+A: Gaming Control Board chair talks safety compliance ahead of casinos reopening

In less than 48 hours, slot machines can light up, cards can fly and dice can roll inside Nevada casinos again.

The unprecedented closure put the gaming industry on pause for more than two months. But it was far from an idle time for gaming companies or regulators. The fast-spreading COVID-19 virus triggered an overhaul of casino properties to keep both employees and guests safe. 

The Gaming Control Board, which is the agency that regulates the state’s massive gaming industry, debuted health and safety policies last month. Since then, companies have been busy submitting plans for how their properties will abide by the new standards. And, as casinos reopen their doors, those plans will transition from paper to practice.

Sandra Douglass Morgan, chair of the Nevada Gaming Control Board. (Photo courtesy of the Nevada Gaming Control Board)

Sandra Douglass Morgan, the chair of the Gaming Control Board, discussed everything from the coming changes to compliance efforts during a recent interview with The Nevada Independent. The conversation has been lightly edited for clarity and brevity.

How many companies have submitted reopening plans? And what does the approval process look like?

I'm comfortable saying a majority of the plans have been submitted. However, because of the workshop, we're still receiving some addendums … So we will review it all. If we have any issues, we will contact the licensee. If they do not address the issue, they will not be able to reopen.

Once casinos and resort properties reopen, how does the Gaming Control Board go about monitoring compliance? And does the agency have the staff to do so?

The health and safety guidelines aren't something that would be, dare I say, typical for gaming regulators, but obviously this is very important because it is a public health issue, and we are tasked with ensuring that health and safety of all Nevadans is at the forefront of what we're doing. And so although traditionally and historically it has been more about people cheating the game and ensuring people have equal access to gaming, this is a different focus, but it’s still within our mandate.

To answer your question, yes, I would love more people, but we're definitely doing the best with what we have. And the initial plans will be reviewed based on what has been submitted on paper … and we do of course have a plan to address ongoing compliance items that we will be able to do once they reopen. We physically can't review all the properties because we're not open yet, right? So to be able to test against the plan that's being submitted, we will be doing that on an ongoing basis after they reopen. 

(Douglass Morgan said the Gaming Control Board’s enforcement division has about 110 staff members.)

What can guests or patrons do if they suspect a property isn’t compliant?

They can always contact the Gaming Control Board. That’s what we’ve been getting even during the closure, right? Either potential allegations of maybe a device being on or, prior to restaurants being allowed to open, people seeing too many cars in a parking lot when they shouldn’t have any operations. We are frequently contacted by persons who believe or may just suspect that maybe there’s some activity going on that isn’t proper.

If the Gaming Control Board determines a licensee isn’t compliant, what are the next steps?

In Governor Sisolak’s latest directive, he was very explicit in stating that the Gaming Control Board is authorized to enforce his directive — the actual Directive 21 with regard to reopening — as necessary. And it includes without limitation pursuing disciplinary action to limit, condition, suspend or revoke a gaming license or impose a monetary fine.

Even with the industry notices that we've issued that clearly guide licensees on what we expect, the explicit directive — allowing the Gaming Control Board to enforce these — will definitely give us more teeth with regards to compliance. 

I'm confident that they understand the severity of this and that they will comply. However, we also have a task to enforce strict gaming regulation to allow the industry to be able to operate. They know our standards. We’ve been answering questions nonstop … We've tried to be as transparent as possible and as consistent as possible.

What happens if a guest or patron has a temperature above 100.4 degrees or several symptoms associated with COVID-19 but refuses further medical screening or treatment?

No one can be forced to take a test, and I can't expect a gaining licensee to force someone to take a COVID test. The goal of these health and safety policies is to ensure that there are  mechanisms in place, there are procedures in place if a guest does fall ill and they potentially do have COVID or they want to have a COVID test.

So what happens if a guest at one of these properties does fall ill and test positive for COVID-19?

That’s up to the business. The business could say, “Look, we do have some health concerns here, but we know that UMC (University Medical Center) and the Southern Nevada Health District have already identified certain areas where you can stay so you don't have to be forced out,” or that property may say, “You know, you are fine if you choose to stay here. You can stay here but may be limited to your room and limit interactions with our employees.”

For several days, protests related to the police killing of George Floyd in Minnesota have occurred in cities across the nation, including Las Vegas and Reno. Could the ongoing unrest affect the casino reopening date?

At this time, I don't believe so. I am certainly heartbroken about the unfortunate violent killings that we've seen on television that have been played over and over again, not just for Mr. Floyd and his family, but also for Mr. Arbery at the hands of a private citizen. There's definitely a lot of pain and I think there needs to be a broader discussion — not only with law enforcement but with our leaders as well. 

When we talk about COVID, we closed all these properties and the state because we’re concerned about the value of life and the death toll the virus is taking. But there are also lives being taken as well unlawfully. So I definitely feel for the protesters and just hope and, honestly, on a personal note, just pray that they’re peaceful and ensuring that the message they want to convey is actually delivered and not being overshadowed by violence.

For people considering a trip here or even locals wondering whether they should spend a night out at a casino, what’s your message to them?

Although it's going to feel and maybe look a little different, these unprecedented measures were needed during these difficult times. But we're confident that at least the policies and the plans that have been put in place are very sound and are a safe way to welcome back employees and guests.

I would tell the patron who's considering coming back to Las Vegas or just to Nevada in general to do their part in ensuring that we can continue to reopen. This is just the first phase for gaming … Be responsible. Be respectful of the rules that we’ve put in place. Be respectful of the rules that the gaming licensees are going to be encouraging patrons to follow when they come back. It'll still be, I think, a great experience. It'll just be a little different.

Do you anticipate these health and safety policies being in place in perpetuity?

These policies flow from the governor's directives, which were as a result of the declaration of emergency. And so while that declaration of emergency is still in place and we still have restrictions — whether they be for phases or occupancy — these policies will still exist. As things hopefully progress and get better, we can definitely find a time or a way to either scale back some of these or maybe get to a point where we rescind all of them. But, for now, while the declaration of emergency is in place, these health and safety policies will be in place as well. 

Anything else you want to add as Nevada casinos inch closer to reopening?

There is no exact playbook for this, but it's a good feeling to know that so many people are working together to understand that when we do this and we reopen, it has to be done right. It won't be seamless. There will definitely be hiccups, but we're all working together towards the same goal of ensuring that we're mitigating the spread of COVID in the state as we start to welcome people back.

As casinos prepare to reopen, the Culinary Union remains uneasy about worker safety

Earlier this week, the chain reaction that will wake the gaming industry from its virus-induced slumber began.

Gov. Steve Sisolak announced casinos could reopen June 4. Then the Nevada Gaming Control Board updated its health and safety policy, which outlines requirements aimed at preventing the spread of COVID-19. Gaming companies quickly followed suit and unveiled which of their properties would be reopening along with some of the steps they’re taking to protect both workers and guests.

But the process hasn’t appeased the powerful Culinary Workers Union Local 226, which represents roughly 60,000 employees who work in casinos-resort properties as guest room attendants, cooks, porters, baristas, bartenders and cashiers, among other roles. Several thousand union members are expected to join a caravan on the Las Vegas Strip Friday evening to demand worker safety.

Union spokeswoman Bethany Khan said casino reopening plans submitted to the Gaming Control Board should be publicly available. (The regulatory agency says they’re deemed confidential by Nevada law, although gaming companies are free to share their plans if they desire.)

“We just think the public deserves to know exactly what they are,” she said. “This is a matter of life and death.”

The union’s parent organization, UNITE HERE, issued public health guidelines for gaming properties amid the pandemic several weeks ago. The list includes 97 recommendations that range from employer-paid COVID-19 testing for workers and adequate personal protective equipment to banning vacuum use and frequent sanitation of gaming equipment.

The union contends the regulatory agency didn’t go far enough with some of its recommendations. For instance, the union said, “Guests should be offered surgical masks and asked to wear them while in public areas.”

The regulatory agency’s policy states properties must “provide for the availability of face masks or cloth face coverings for patrons and guests open request” and encourage them to be worn.

The policy also gives properties some leeway in how to address medical screenings for guests. Properties can either conduct temperature screenings as hotel guests arrive or ensure that a medical professional is on site at all times and require guests to complete a symptom self-assessment at check-in.

Khan described the Gaming Control Board’s policy as “disappointing” and said some of the union’s concerns have fallen on deaf ears. For instance, she said the union wants assurance that workers can access more than one face mask per shift if needed.

“It didn’t have to be that way because we have been involved from the beginning,” she said. “We have made public comment. We are the experts in worker protection. We have been participating in those workshops and these forums.”

Sandra Douglass Morgan, chair of the Gaming Control Board, defended the process leading up to casinos reopening.

“The safety and wellbeing of Nevada’s residents and guests has been at the forefront of every decision made by state officials,” she said in a statement. “The Gaming Control Board is no different. Working together with medical experts, the Board created policies that will help keep employees and guests as safe as possible while allowing them to return to work and play at Nevada’s gaming properties.”

The union started negotiating the effects of the coronavirus with gaming and resort companies before the shutdown began, Khan said, and will continue to do so. Already, the organization has agreements in place with the Wynn, Encore, Cosmopolitan and Hilton Grand Vacation properties.

The Culinary Union’s first caravan on the Strip drew roughly 10,000 members and their families, Khan said. They’re the people who slip in back entrances at properties and make the industry function, but Friday evening, they’ll be on the front side..

“All this work is done, and usually it’s invisible to most folks,” she said.