This site contains references and links related to the casino in Pope County that was authorized by the 2018 casino gaming amendment to Arkansas’  constitution.¹

The amendment

A casino in Pope County was authorized by The Arkansas Casino Gaming Amendment of 2018, which appeared on the November 2018 ballot as:

Issue No. 4: An Amendment to Require Four Licenses to be Issued for Casino Gaming at Casinos, One Each in Crittenden (to Southland Racing Corporation), Garland (to Oaklawn Jockey Club, Inc.), Pope, and Jefferson Counties

The Pope County “local option”

Pope County ballots had an additional casino-related item which appeared as Pope County Ordinance No. 2018-O-42, with two options, For Local Control and Against Local Control.  Its passage was added to the Pope County Code of Ordinances as the Pope County Local Control for Casino Gaming Amendment of 2018.² The ordinance required an election before the County Judge or the Quorum Court could issue a letter or resolution of support for a casino license as provided under Amendment 100.

The local option Ordinance, 2018-O-42, was flawed in multiple ways:

• it conflicted with Amendment 100’s grant of authority and discretion to the
  County Judge and the Quorum Court to issue letter(s) or resolution(s) of support for potential casino applicants,
• it was unenforceable as an attempt by Pope County to regulate gambling in violation of Arkansas Codes, and
• it set an impossible standard in that it required “a majority of registered voters” to authorize the issuance of a document of support. In other words, just over half of the registered voters in the county would have to approve it.

Ordinance 2018-O-42 was repealed on October 28, 2019.

The Resolution of Support

At the end of a long meeting on August 13, 2019, the Pope County Quorum Court voted on and passed a resolution of support for Cherokee Nation Businesses, LLC and Legends Resort and Casino, LLC. The meeting included explanations by County Judge Ben Cross, Justice Caleb Moore, and County Attorney Clay McCall on why Ordinance 2018-O-42 could not be implemented.

The Economic Development Agreement

During the August 13, 2019, meeting, Judge Cross also discussed the Economic Development Agreement (EDA) between Pope County and Cherokee Nation Businesses, LLC.  The EDA covers a number of things.

• Project
  • a minimum construction cost of $225,000,000 in addition to the Economic Development Fee;
  • casino/gaming facilities;
  • a hotel with a minimum of 200 rooms to meet AAA four diamond standards (upscale style and amenities with the right touch of service video);
  • a mixed-use indoor conference and music venue capable of accommodating a minimum of one thousand (1,000) guests;
  • multiple price-point dining facilities, sports bar/communal areas;
  • a sports book/simulcast parlor, subject to the Commission’s Rules;
  • a waterpark;
  • a recreational vehicle park;
  • an outdoor music venue capable of accommodating a minimum of five thousand (5,000) guests;
  • a medical air ambulance landing zone for use by medevac patients; and
  • a separate, secure office space to be utilized as a sub-station by local law
    enforcement agencies.
• Economic Development Fee, $38,000,000. To deliver to the recipients within 30 days of the successful resolution of all litigation or administrative challenges relating to the issuance of the License cashiers checks to:
  • $27,599,373 to Pope County, Arkansas;
  • $3,361,608 to the City of Pottsville, Arkansas;
  • $3,532,236 to the City of Atkins, Arkansas;
  • $1,444,000 to the City of London, Arkansas;
  • $1,505,356 to the City of Dover, Arkansas;
  • $242,427 to the City of Hector, Arkansas;
  • $800,000 to the Crow Mountain Fire Protection District;
  • $130,000 to the Pope County Fire Association;
  • $30,000 to the Arkansas Tech University Foundation;
  • $25,000 to the Russellville Center For the Arts;
  • $25,000 to the Dover Public Education Foundation;
  • $25,000 to the Hector Public Education Foundation;
  • $25,000 to the Atkins Red Devil Foundation;
  • $25,000 to the Pottsville Community Scholarship Fund;
  • $10,000 to the Dover Chamber of Commerce;
  • $10,000 to the Atkins People For a Better Atkins; and
  • $10,000 to the River Valley Arts Center.
• Community Development Grants
  • $2,000,000 beginning on the second anniversary date of the commencement of Casino gaming operations, and on each subsequent anniversary date … to a charitable foundation … to be designated by the
    County … adjusted every five (5) years.
• Ongoing Research and Economic Development Support
  • $25,000 every two years … to the Arkansas Tech University Foundation for
    purposes of study/research relating to the economic impact of the Project … beginning on the first anniversary date of the commencement of Casino gaming operations … adjusted every five (5) years.
  • $100,000 annually to the Russellville Economic Development Alliance, or its successor or assigns … beginning on the first anniversary date of the commencement of Casino gaming operations … adjusted every five (5) years.
• Certain Hiring Practices
  • use commercially reasonable efforts to create positions for and set a
    targeted goal of filling three percent (3%) of its workforce at the Project with individuals who have one or more “disabilities” (under the ADA)
  • hire a full-time certified addiction counselor or contract with an appropriate Pope County non-profit organization to provide addiction
    counseling services.
  • upon commencement of operations, all employees who do not
    receive gratuities as part of their regular compensation will be subject to a $13 per hour minimum wage
• Utility Services; Infrastructure
  • County agrees to fully cooperate with, utilize its best efforts, and actively assist Operator in the timely procurement of necessary utility and other public services, including, without limitation, electric, gas, water, sewer and sanitation services, as well as necessary infrastructure improvements, including, without limitation, street and highway improvements, access thoroughfares, curb cuts and signalized intersections, all at costs, assessments or rates generally available to other commercial users within Pope County, Arkansas. Operator agrees that it will assume and pay all costs associated with the street and drainage infrastructure improvements and modifications upon county roadways and rights-of-way necessary for the development of the Project.

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1. 1. I established this site as a reference after numerous lengthy searches to find relevant information on the casino issue in Pope County, sometimes needing to search for an item again when it came up again of Facebook, where it can be really difficult to find previous threads and discussions.
   2. I wasn’t able to find the ordinance on the Pope County website ^a as the ordinances have not been updated since 2012 on the service ^b  linked on the county website.  I was able to find it as an attachment to a letter ^c from Senator Breanne Davis.
      a. Pope County. Popecountyar.com. Accessed July 14, 2019.
      b. Municode Library. October 8, 2012. Accessed July 14, 2019. (Note: the current revision is November 20, 2020, and does not include Ordinance 2018-O-42 as it was repealed October 28, 2019, and declared unconstitutional October 29. Accessed 11/18/2021)
      c. Request for Opinion. Senator Breanne Davis to Attorney General Leslie Rutledge. letter December 27, 2018. Accessed July 14, 2019