Opinion Number: 2021-096 Requestor:  Dismang, Jonathan The Honorable

Is it a violation of Ark. Const. amend. 100 for a casino licensee to contract with a third-party vendor to assist in the operation of a certain function of casino gaming, such as online sports pool, wherein the third-party vendor retains a majority of the revenue generated from assisting in the operation of casino gaming?  Q2) Would a revenue share agreement wherein a third-party vendor retained a majority of the revenue generated from assisting in a certain function of casino gaming violate the terms of a licensee's casino gaming license to conduct casino gaming in the state?  RESPONSE:  Q1)  No. Amendment 100 is silent regarding such contractual arrangements.  Q2)  Neither Amendment 100 nor the rules promulgated by the Arkansas Racing Commission on casino gaming address the scenario you have outlined.  Nor has the General Assembly enacted any legislation on the topic.

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