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Board affirms hearing officer in M Resort patron dispute over vouchers
Summary
The Nevada Gaming Control Board on July 9 affirmed a hearing officer's recommendation denying payment to a patron who sought monetary relief after an M Resort contest and subsequent disqualification. The board found the casino's contest and disqualification were covered by venue rules and did not overturn the hearing officer's conclusion.
The Nevada Gaming Control Board on July 9 affirmed a hearing examiner's recommendation to deny relief in a casino-patron dispute involving a patron of M Resort who contested the property's decision to disqualify him from a promotion and to cancel associated vouchers.
The patron had participated in a promotion that awarded vouchers when certain suited blackjacks were achieved; video and investigator testimony in the hearing record showed the patron had won multiple vouchers and typically placed consistent "flat" wagers while at the table. M Resort staff told investigators they observed erratic play and later disqualified the patron and voided remaining promotion opportunities. The hearing examiner concluded the casino's rules and the manager's discretionary authority supported the property's action.
On appeal to the board, the patron's attorney argued the vouchers represented a property right once the qualifying hands had been won and that revocation of earned vouchers amounted to an improper taking; the attorney also disputed references in the hearing record to card-counting activity. The board considered the hearing record, inclusive of surveillance and testimony, and concluded the hearing examiner's factual findings and legal conclusions were supported by the record. The board voted unanimously to affirm the hearing examiner's recommendation.
Why it matters: Patron disputes test the line between house rules and promised awards. The board's decision upholds the hearing examiner's reading of venue rules and an operator's recorded discretion to disqualify patrons in specific circumstances.
