George Latimer

County Executive
December 10, 2021

Ms. Kristen Buckley

Secretary to the Commission
N.Y.S. Gaming Commission
One Broadway Center
Schenectady, New York

RE: Westchester County Response to New York State Gaming Commission RFI
to the New York State Gaming Commission:

Introduction

Located just north of the City of New York, Westchester County is a wonderful place to
live, work, and visit. We are already home to numerous Fortune 500 companies, but also a very
common place to serve as home for individuals looking to work in the City and have a fast 30-
minute commute. We also already have a diverse thriving art and cultural scene. But we must
help create more job opportunities for our residents and find new ways to entice tourists to leave
the City and enjoy what its neighboring county has to offer.

For decades, Westchester County has been home to a premier gaming facility. MGM
Resorts Empire City has been a great corporate citizen to Westchester County, but we know that
Empire City can offer much more if it expanded from being exclusively a Video Lottery Terminal
facility to a complete casino gaming facility. We are pleased to take this opportunity to respond
to the “New York State Gaming Commission’s Request for Information for Unawarded
Commercial Casino Licenses” (the “RFI”) in strong support for a process that would enable
Empire City Casino to live up to its name. As is explained in the attached responses to select RFI
questions, Westchester County believes it is time to enable us to have a full-scale casino at Empire
City. Doing so will mean greater financial support for Westchester and its residents, as well as
new opportunities to revitalize communities throughout out the County. Empire City stands to
raise as much as $1 billion in economic activity for the region, creating 2,000 new direct jobs and
as many as 10,000 indirect and induced jobs.

In short, Westchester County fully endorses a process that will make this major economic
development opportunity a reality. The following are our responses as an “affected entity,” to
certain key questions from the RFI.

Office of the County Executive, Telephone: (914)995-2900

Michaelian Office Building,
148 Martine White Plains, New York 10601 westchestergov.com
George Latimer
County Executive

Relevant RFI Excerpts

RFI 3.2.1 – Interest

 Are any cities, towns, or municipalities interested in hosting a gaming facility?
 What factors would be limiting to this interest?

Westchester County believes that Empire City Casino, the existing video lottery gaming facility
in Yonkers, should receive a full-gaming license. Yonkers and the greater Westchester region
would benefit greatly from the job creation, economic development benefits and private
investment, that would come along with a full-scale casino in our community. As an existing
corporate resident, Empire City has a proven track record as one of the largest private employers
in the County creating quality, unionized, family sustaining jobs. Empire City has long invested
in the property in Yonkers and has served as a good partner through its community investment.

3.2.2 Locations
 Should the State limit the potential award of licenses to existing development zones and
regions defined at N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1310?
 Should certain zones or regions be excluded from consideration?
 Should differing criteria and consideration be given to proposals in rural, suburban, or
urban areas?
 Should locations requiring dislocation of existing tenants be disfavored?
 Should property use history be considered?

It is logical for the State to continue the existing practice of dividing upstate and downstate into
two zones, with regions within those zones. A license should be prioritized for Zone 1, Region 1
– which includes Westchester County – so that our long-standing partner, Empire City, can expand
to a full casino. Westchester’s geographic location is such that it will attract visitors and residents
of upstate and New York City alike.

Any license award process should afford preference to applicants within more underserved
communities where job creation, private investment and community needs are most acute. Within
Zone 1, Region 1, preference should be given to applicants within more urban areas. Moreover,
preference should be afforded to applicants that are already existing business enterprises that use
their property for gaming purposes.

3.2.3 Scale
 Should the State consider varying types of proposals? For instance, allowing a facility with
fully-integrated amenities and allowing a facility with just gaming, if located in an area
with substantial surrounding commerce? If yes, how should the differing proposal be
compared?
 Should there be a minimum dollar figure required to be invested? If so, how should this
dollar figure be established and verified?

Office of the County Executive, Telephone: (914)995-2900

Michaelian Office Building,
148 Martine White Plains, New York 10601 westchestergov.com
George Latimer
County Executive
Westchester welcomes MGM to evaluate the current market and make smart growth decisions.
Different sites and conditions will offer different opportunities, but when considering investment,
previous onsite development should be considered.

3.2.4 Transportation
 Should proposed development have convenient access to public transportation?
 Should proposed development be required to have an associated parking structure?
 Should local traffic impacts be considered? If so, how should these concerns be evaluated?

Westchester, and Yonkers in particular, has a unique benefit of strong access to convenient public
transportation, as well as being easily accessible for those visitors who rely on private vehicles.
Given the number of visitors who are likely to rely on their own transportation – regardless of the
casino’s location – it is important that the applicant have sufficient on-site parking. Similarly, it
is imperative that any developer account for the effect traffic will have on the local communities.
Traffic studies that look at the net increase or net decrease from current site usage should be
required of all applicants.

3.2.5 Local Factors

 Should the State consider the potential impact on a host’s public services (such as police,
fire, EMS, public health)? If so, should proffered private sector funding be considered?

Impacts on public services should be evaluated, but what should be measured is the difference
between impacts based on the current use of the property versus the proposed development. To
the extent that any applicant wishes to rely on private services, those applicants who can establish
a track record of working with local service providers should be preferred.

 Should a proposed facility be seamlessly integrated into the locale or should it be

developed as a focal point?

Any proposed development should serve as a focal point to attract visitors from outside of the
immediate community, but still respectful of and integrate with the local community. Applicants
should be required to prioritize local hiring and local procurement for businesses.

3.2.7 Evaluation
 In evaluating proposals, which of the following factors should the State deem important?

Consistent with our comments above, Westchester recommends that the State consider the
following factors when evaluating license applications:
1. Employment/Hiring
a. History of and commitment to union employment
i. Construction and permanent employees
b. Number of indirect jobs to be created and in what types of communities
i. Focus communities with greater need
2. Infrastructure development cost
Office of the County Executive, Telephone: (914)995-2900
Michaelian Office Building,
148 Martine White Plains, New York 10601 westchestergov.com
George Latimer
County Executive
a. Must account for evaluation of past investments in existing property
3. Incremental gaming tax revenue
a. No casino licenses should be awarded to an entity that would cause a reduction in
tax revenue to nearby gaming facilities in the same region
4. Speed to market
a. Prioritization should be given to applicants that can establish the ability to quickly
generate both tax revenue and job creation
5. MWBE/V
a. Applicants should have both a plan and a track record of creating opportunity for
MWBE/V businesses
6. Effect on other cultural institutions and small businesses
a. The facility should not result in the displacement of any businesses or cultural
institutions; ideally applicant will help increase customer traffic to local community
entities
7. Operational effectiveness
a. Demonstrate a successful history of operating a gaming facility in New York State

 What review and evaluation criteria should be replicated from the evaluation criteria
associated with the Gaming Facility Location Board’s 2014 and 2015 RFAs?

It is imperative that the Gaming Commission continue to give significant weight to:
1. Economic Activity & Business Development Factors
a. Fastest time to completion
b. Ability to fully finance
c. Demonstrated experience in developing and operating a quality facility
2. Local Impact & Siting Factors
a. Mitigating potential impacts on host and surrounding municipalities
b. Gaining public support
c. Operating in partnership with and promoting local hotels, restaurants, and
retail facilities
3. Workforce Enhancement
a. Implementing a workforce development plan
b. Employment at the Gaming Facility
c. Taking measures to address problem gambling
d. Establishing, funding, and maintaining human resource hiring and training
practices that promote the development of a skilled and diverse workforce
e. Demonstrating an agreement with organized labor

Conclusion

The COVID-19 pandemic may not be over, but the State of New York needs to start
implementing policies that will help protect the economic viability of business in a post-pandemic
world. Creating a pathway to a full casino license at Empire City will do just that by paving the
way for:

Office of the County Executive, Telephone: (914)995-2900

Michaelian Office Building,
148 Martine White Plains, New York 10601 westchestergov.com
George Latimer
County Executive

 10,000+ new jobs, including 2,500 direct hires at Empire City, in Westchester;
 6 new union jobs for every VLT replaced with a live-dealer table game;
 Hundreds of millions of dollars in licensing fees for New York; and
 A billion dollars in economic impact for the greater Westchester area.

We thank you for this opportunity to explain why we support Empire City’s effort to obtain a
full casino license and welcome the opportunity to discuss further.

Respectfully submitted,

George Latimer
Westchester County Executive

Office of the County Executive, Telephone: (914)995-2900

Michaelian Office Building,
148 Martine White Plains, New York 10601 westchestergov.com