Casino hit with complaint

Thursday, Jan. 22, 2004 | 11:08 a.m.

The Hard Rock hotel-casino, dogged by complaints from public agencies about patrons having sex in public places and racy advertising campaigns, could face a fine of as much as $300,000 after the state Gaming Control Board filed a three-count complaint against the Las Vegas resort over its advertising on Wednesday.

A spokesman for the Hard Rock said Wednesday that a hearing would be requested to determine whether the property's ads had violated any state statutes.

Known as a hang-out for a hip crowd of young gamblers, the Hard Rock could be fined or have its gaming license restricted, suspended or revoked by the Nevada Gaming Commission, which could hear the complaint within 60 to 90 days.

Commissioners will be asked to determine if the Hard Rock, located off the Strip at Paradise Road and Harmon Avenue, has violated gaming regulations relating to the suitability of its advertising.

State laws give the Gaming Commission authority to punish gaming license holders for "failure to conduct advertising and public relations activities in accordance with decency, dignity, good taste, honesty and inoffensiveness ... "

The eight-page complaint cites three advertisements the Control Board found inappropriate:

A second billboard advertisement, displayed last summer, showed a naked woman holding a pair of dice over her nipples. The caption said, "We sell used dice."

Jeff Silver, an attorney representing the Hard Rock, said he was surprised by the filing and said he would welcome a dialogue about advertising.

"Typically, the issue of ad strategy is something left to the discretion of the licensees," Silver said after reviewing the complaint. "Based on what they're saying, the board would have to make judgments on any ad campaign. In a city where this type of advertising is the norm and not the exception, maybe it's time to look at the entire issue."

Silver said the clientele that patronizes the property is not the type "that would be attracted by ads for a great buffet at the Hard Rock. They're attracted by something a little edgier."

Silver said the Hard Rock toned down its risque advertising in November after Gaming Control Board member Bobby Siller scolded the resort for its ads at a Nov. 5 meeting at which regulators recommended the licensing of Kevin Kelley, president and chief operating officer of the resort.

Clark County officials asked the Hard Rock to remove its billboard showing the woman with the dice in January 2003, declaring it "obscene." In July 2002, the Hard Rock was ordered to pay a $100,000 fine to settle Gaming Board complaints over public sex acts taking place in one of its nightclubs.

Advertising content in Las Vegas has stretched the bounds of taste and appropriateness for years.

The Riviera hotel-casino raised a stir when it began advertising its long-running "Crazy Girls" production show with a promotion promising "no ifs, ands or ... " and showing cast members in thong costumes from the rear. That advertisement continues to be displayed, even on the tops of taxi cabs where it is in clear view of motorists.

Harrah's has used a billboard campaign depicting the torso of a topless woman partially obscured by blinds to advertise its "Skintight" production show and a new campaign for Bally's "Jubilee" show touts the topless dancers' costumes "or the lack thereof." Scantily clad women also are used in billboard campaigns for the Palms and its nightclubs and for MGM Grand's "Le Femme" show.