The result was another meeting in which little progress was made to restore gaming to the shuttered mega resort, which when it reopens will be known as TEN.
Straub, whose team had made the changes, was annoyed by the delay. But Mary Jo Flaherty, assistant state attorney general, called Straub’s late filing of the lease a “ploy” and disrespectful to the board.
Straub’s attorney claimed the changes were less than a page long.
“We keep answering all of their questions that they come up with,” Straub said. “It was not sinister that we submitted this answer to them when we did. You can never bring money into this city. It’s going to make all investors coming to Atlantic City think twice about it because of the red tape. Over two years of dealing with red tape.”
““The hearing had been expected to resolve whether Straub needed a casino license despite him leasing gaming operations at the former Revel to a third party
”
Despite the lack of action at the meeting, Straub claims the 6 million-square-foot facility will be open President’s Day weekend even if it doesn’t have gaming license. Last year, Straub claimed he was ready to reopen the property June 15, despite lacking key permits.
Matthew Levinson, chairman and CEO of the Casino Control Commission, said the board was prepared to act until it was notified Tuesday afternoon that there would be changes to the agreement. The board didn’t see the changes until just before 9 a.m. Wednesday, Levinson said, a little more than 90 minutes before the meeting was to start.
““For the last year, Straub has claimed state agencies like the commission have delayed the opening of the property
”
No date has been set for a decision on whether Straub needs a casino license or not.
“This is a very complicated lease,” said Lloyd Levenson, Straub’s attorney. “This was not meant to deceive the commission.”
Following the postponement announcement, the commission and Straub’s legal team went into a lengthy executive session to discuss evidence related to the case.
“It is disingenuous to suggest that because it was only a single page that it was an insignificant amendment,” Levinson said. “It made substantive changes to sections of a very complex lease.”
State gaming officials have told Straub he is required to apply for a license to operate a casino on the property. Straub claims that since he is planning on leasing the casino area to a third-party vendor he should not be required to apply for the license.
In August 2015, Straub bought the once $2.4 billion Revel for just $82 million in bankruptcy court. In October, the property received its temporary certificate of occupancy from the city.
“The Division of Gaming Enforcement has worked diligently, and the staff of the commission has acted quickly and professionally to address these matters,” Levinson said. “I can assure you, if there are any future delays in this matter, it will not be our doing.”