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Advertising of Gambling in Adjacent States

M

Matt

Folks,

I have a question about whether or not it is legal for a North Carolina broadcaster to advertise lotteries, horse racing tracks, etc., that are done legally in the neighboring states of South Carolina or Virginia.

Lots of stations in the state advertise Harrah's Casino in Cherokee, but that is located IN North Carolina and is authorized by federal law.

With lotteries in SC and VA drawing lots of ticket buyers in those states, it looks like those running the games in those states would be buying advertising for them on Charlotte and Greensboro radio and TV, but they don't. I'm wondering if there is a law that precludes such advertising, or if there isn't, why it's not happening?

Further, with Virginia's Colonial Downs racing track opening a satellite betting facility in a county along its North Carolina border, why have no Greensboro market stations attempted to get them to advertise?

Can anyone point me to a specific statue of law that precludes this?

Thanks,
Matt Smith, Station Manager
WGSR "Star-39"
Reidsville, NC
 
On the various New York City TV stations I have seen ads for:
The New Jersey Lottery
the Meadowlands Race Track
various Atlantic City casinos
various Las Vegas casinos
two Indian casinos in New England (Foxwoods and Mohegan Sun)

My guess it has to be a federal law, as the FCC regulates stations and this would be considered interstate commerce.<P ID="signature">______________
WCBS = We're Crazy Buffoons and Schmucks
<a href=http://chuck.spotteddogs.org/tv/>Spotted Dog TV Talk - for all your non-news TV Talk</a></P>
 
> Folks,
>
> I have a question about whether or not it is legal for a
> North Carolina broadcaster to advertise lotteries, horse
> racing tracks, etc., that are done legally in the
> neighboring states of South Carolina or Virginia.
>
> Lots of stations in the state advertise Harrah's Casino in
> Cherokee, but that is located IN North Carolina and is
> authorized by federal law.
>
> With lotteries in SC and VA drawing lots of ticket buyers in
> those states, it looks like those running the games in those
> states would be buying advertising for them on Charlotte and
> Greensboro radio and TV, but they don't. I'm wondering if
> there is a law that precludes such advertising, or if there
> isn't, why it's not happening?


There isn't one regarding casinos, AFAIK.

Birmingham and Montgomery TV stations regularly air ads for casinos in Mississippi and Florida, and some Vegas casinos advertise nationally now . . .

Per fcc.gov, lottery ads are allowable for:

(1) lotteries conducted by a state acting under the authority of state law, where the advertisement or information is broadcast by a radio or TV station licensed to a location in that state or in any other state that conducts such a lottery; (2) gaming conducted by an Indian Tribe under the Indian Gaming Regulatory Act; (3) lotteries authorized or not otherwise prohibited by the state in which they are conducted, and which are conducted by a not-for-profit organization or a governmental organization; and (4) lotteries conducted as a promotional activity by commercial organizations that are clearly occasional and ancillary to the primary business of that organization, as long as the lotteries are authorized or not otherwise prohibited by the state in which they are conducted.

That seems to indicate that states can advertise their lotteries on stations in any other state as long as it also has one (which AL and NC do not). I recall ads for both Oregon and Washington lotteries on Portland TV when I lived there, so that makes sense.







>
> Further, with Virginia's Colonial Downs racing track opening
> a satellite betting facility in a county along its North
> Carolina border, why have no Greensboro market stations
> attempted to get them to advertise?
>
> Can anyone point me to a specific statue of law that
> precludes this?
>
> Thanks,
> Matt Smith, Station Manager
> WGSR "Star-39"
> Reidsville, NC
>
 
> On the various New York City TV stations I have seen ads
> for:
> The New Jersey Lottery
> the Meadowlands Race Track
> various Atlantic City casinos
> various Las Vegas casinos
> two Indian casinos in New England (Foxwoods and Mohegan Sun)
>

Foxwoods and Mohegan Sun are advertised throughout New England on TV and radio. WCBS-AM 880 in New York mentions Mohegan Sun a lot since they are a Yankees advertising sponsor. Naturally, since I live near Hartford, we're inundated with their ads. (Just a short drive down CT Route 2 to I-395 and Exit 79A in Montville for CT Route 2A!)

As for other lottery and gambling advertising, I rarely, if ever hear ads for the Massachusetts Lottery, even when I've got a Springfield or Boston radio station tuned in. The Connecticut Lottery could learn a thing or two from the boys in Braintree!
 
> As for other lottery and gambling advertising, I rarely, if
> ever hear ads for the Massachusetts Lottery, even when I've
> got a Springfield or Boston radio station tuned in. The
> Connecticut Lottery could learn a thing or two from the boys
> in Braintree!

I have never seen a Connecticut Lottery ad on any NYC station, New York and New Jersey ads up the wazoo, though.
<P ID="signature">______________
WCBS = We're Crazy Buffoons and Schmucks
<a href=http://chuck.spotteddogs.org/tv/>Spotted Dog TV Talk - for all your non-news TV Talk</a></P>
 
Here in Atlanta, I see commercials for Harrah's in Cherokee, NC all the time. Awhile back I recall seeing a few commercials for Victoryland in Shorter, Alabama.
 
> Here in Atlanta, I see commercials for Harrah's in Cherokee,
> NC all the time. Awhile back I recall seeing a few
> commercials for Victoryland in Shorter, Alabama.
>


It's pretty simple. If the state you are licensed to permits lotteries you can accept lottery advertising from adjacent states. You cannot advertise a lottery in another state if lotteries are illegal in your state of license.

As an example, stations in Reno, NV cannot run advertisements for the California lottery because lotteries in NV are illegal. If a Reno station had a city of license in California, it would be able to accept the California lottery ads.

The Supreme Court struck down FCC rules on Casino advertising. So long as the advertisement is for lawful casino gambling, it can be shown anywhere; even a state where casino gambling is prohibited.<P ID="edit"><FONT class="small">Edited by effseesee on 08/10/05 12:50 AM.</FONT></P>
 
> The Supreme Court struck down FCC rules on Casino
> advertising. So long as the advertisement is for lawful
> casino gambling, it can be shown anywhere; even a state
> where casino gambling is prohibited.

That point seems pretty clear, since Harrah's Cherokee Casino advertises locally here.

My most pressing question concerns paramutual betting at an OTB facility in a neighboring county just north of the Virginia state line. Would that be viewed by the FCC in the same light as casino gambling?

Matt
 
> Stations in Reno, NV cannot run
> advertisements for the California lottery because lotteries
> in NV are illegal. If a Reno station had a city of license
> in California, it would be able to accept the California
> lottery ads.

I take it that this is a reason why "The Big Spin's" not seen in the Reno market. I wonder how well the Big Spin scratchoffs sell on the California side of Lake Tahoe?
 
Matt,

I had brought up the same thing with the previous management there in regards to announcing the winning lottery numbers, carrying horse racing results/shows, etc.

Your best bet is to contact your station's broadcast lawyer in Washington. IIRC, Irwin, Tannewald is one of the best firms in broadcasting and they would be able to help out. But, the point of the OTB in Southside is really a gray area to deal with and if you're trying to get them to advertise, it may be better to be safe than sorry.

Also, if you are simulacsting anything from Martinsville, it may be a good idea to edit out any daily drawing numbers unless it's something that is national news like Powerball hitting 350 million, etc.

E-mail me if I can help you out any further.

Jeff


> > The Supreme Court struck down FCC rules on Casino
> > advertising. So long as the advertisement is for lawful
> > casino gambling, it can be shown anywhere; even a state
> > where casino gambling is prohibited.
>
> That point seems pretty clear, since Harrah's Cherokee
> Casino advertises locally here.
>
> My most pressing question concerns paramutual betting at an
> OTB facility in a neighboring county just north of the
> Virginia state line. Would that be viewed by the FCC in the
> same light as casino gambling?
>
> Matt
>
<P ID="signature">______________
</P>
 
> > Stations in Reno, NV cannot run
> > advertisements for the California lottery because
> lotteries
> > in NV are illegal. If a Reno station had a city of license
>
> > in California, it would be able to accept the California
> > lottery ads.
>
> I take it that this is a reason why "The Big Spin's" not
> seen in the Reno market. I wonder how well the Big Spin
> scratchoffs sell on the California side of Lake Tahoe?
>

The Reno stations have translators on the California side. I wonder if it's actually carried on one of those somehow. . . Which one is it that does the local weather cut-ins for a lot of their translator cities? NBC 4, I think. . . Haven't been there in 4 years, so.
 
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