Henderson restaurant sues landlord in slot machine dispute

Wednesday, Aug. 22, 2001 | 10:51 a.m.

A Henderson restaurant, which is applying to the Nevada Gaming Commission for approval to install 15 slot machines, sued to force its landlord to provide information to the gaming commission.

DiMartino's sued American Nevada Corp.'s Pebble Marketplace shopping center at 1000 N. Green Valley Parkway in Clark County District Court.

The restaurant said its gaming application has been stalled because American Nevada has refused to provide a " 'location/landlord information sheet' required by the Nevada Gaming Commission for landlord suitability" unless DiMartino's agrees to lease amendments.

DiMartino's said it agreed to sublease space to E-T-T Slot Route Inc., which plans to operate 15 slot machines and pay DiMartino's a monthly rent of $1,000 per machine.

Michael Singer, DiMartino's attorney, listed several conditions the restaurant opposes.

"American Nevada had a hang-up about the restaurant's request to be opened for 24 hours daily. So we agreed to reduce the number of opening hours to 18, from the current 10-12 hours we're operating at," he said.

"DiMartino's is willing to provide additional security for the additional hours we're open. But what we objected to was American Nevada wanting us to provide as many additional security guards as they wanted at whatever price and at our expense. It was open-ended as to how much those expenses would be," he said.

"We also objected to their request to renegotiate our rents. Initially, we had agreed that we would pay American Nevada $100 in monthly rents for each gaming machine and that agreement is to be renegotiated within a year our gaming operations begin. But they've indicated they want to renegotiate our rental rates now, assuming for higher rates," Singer said.

American Nevada -- which is owned by the Greenspun family, owner of the Las Vegas Sun -- declined comment on the lawsuit.