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Monday, Nov. 22, 2010 | 6:16 p.m.
The entrance of Sunset Station as the sun goes down in Henderson.
Sun Coverage
Roadhouse Casino
Map of Sunset Station Hotel Casino
Sunset Station Hotel Casino
1301 W. Sunset Road, Henderson
A Station Casinos Inc. property is suing the city of Henderson over the city’s approval of a potential competitor’s operating permit.
Sunset Station Inc. filed suit in Clark County District Court last week against the city as well as the would-be competitor, Roadhouse Casino owner Robert McMackin and Marengo Inc.
The Roadhouse, on Boulder Highway and Sunset Road, has been closed for years but reopens once a year for one day to maintain its state nonrestricted gaming license. Its last approval to operate came this year for one day with 17 slot machines -- one machine above the 16-machine minimum for nonrestricted licensees.
Unlike current nonrestricted applicants, the Roadhouse license is grandfathered in by the state with no hotel.
Sunset Station and two of its sister properties in the region, Fiesta Henderson and Boulder Station, all have hotels and Station has been fighting plans by McMackin to operate with the nonrestricted license without him having invested in a hotel.
Sunset Station's lawsuit does not challenge the state license held by the Roadhouse. Rather, the city license is at issue.
Michael Tassi, planning manager for the city, on Monday said McMackin has recently expressed interest in reopening the property and gained city approval for rehabilitation of the structure as well as landscaping work, though no building permits have been issued.
McMackin couldn’t immediately be reached for comment.
Sunset Station, in its lawsuit, charges that on Sept. 21 McMackin and Marengo sought city approval to amend and revive conditional use rights they previously held under a 1988 conditional use permit for the property at 2100 North Boulder Highway.
Sunset Station charges that in 1992 McMackin received city approval to remodel and expand the Roadhouse, but that McMackin "never fully remodeled the Roadhouse and the Roadhouse never operated in the manner represented to the Henderson City Council."
The suit charges that McMackin received several extensions over the years to the conditional use permit until an extension was denied on Aug. 1, 2006, by the Henderson Planning Commission.
The 1988 version of the city code did not limit nonrestricted gaming to a resort hotel, as it now does, the suit charges.
"The Henderson City Council and McMackin fully understood that all rights would go away with the conditional use permit extension denial in 2006 and the applicants would have to comply with current code for any future use and development of the property," Sunset Station charges in the lawsuit.
Sunset Station charges city approval of the application for a city nonrestricted gaming license on Nov. 9 violated the Henderson Municipal Code because the code prohibits rights granted under the 1988 conditional use permit from ever being revived.
Tassi, however, said the city attorney has determined the Roadhouse’s 1988 conditional use permit rights never expired.
Sunset Station, represented by attorneys Todd Bice and Jarrod Rickard of the law firm Pisanelli Bice PLLC, charged in the lawsuit the city exceeded its authority "by approving an application permitting nonrestricted gaming without a resort hotel or specific nonconforming use."
City attorneys have not yet responded to the lawsuit.
Sunset Station features a 457-room hotel with 70 luxury suites, a casino, restaurants, a showroom, a movie theater and a bowling center on more than 98 acres in the heart of Henderson. It's located across from the Galleria at Sunset Mall and is also just a few minutes away by car from Lake Mead, Lake Las Vegas, Sam Boyd Stadium, golf courses and recreation areas.
The casino offers 110,000 square feet of gaming space, with more than 2,400 slot machines, more than 200 video poker machines, 39 gaming tables, a 300-seat race and sports book, a 488-seat bingo room, a keno lounge and an eight-table poker room.
Family-friendly features include a 13-screen movie theater and a 72-lane bowling center.
Restaurants include the Sonoma Cellar, for steaks and seafood; Cabo, for authentic Mexican food; Pasta Cucina for authentic Italian cuisine and the Oyster Bar, for Louisiana seafood and oysters. The 300-seat showroom hosts top names in entertainment as well as regular cover bands.
What about Binions and Plaza that have dumped their hotels downtown??
What's a matter Stations? Can't compete? I thought you were rough tough capitalists that believed in the marketplace? Now you want government to protect you??
Typical two faced business people.
People have been icing gaming licenses for years..
In the real world (aka outside of Nevada) if the issue was simple non-compliance with a straightforward zoning ordinance, such as one which requires buildings to be set back 30' from the curb, such a lawsuit would be a no brainer win for a plaintiff in the position of Station Casinos.
However, in the real world, when city officials are asked to make a discretionary decision, courts will not interfere with that exercise of discretion, because of the "separation of powers" doctrine inherent in the Constitution of every state and the United States. In the real world, courts usually consider compliance with the terms of conditional use permits to be the quintessence of discretionary executive branch decision making, allowing cities to waive conditions at will, even if that makes the neighbors angry.
As a result, it will be interesting to see how closely the District Court judge assigned to the Roadhouse case conforms to what is considered normal, in enforcement of conditional zoning entitlements, in the other 49 states.
I agree with mred. Went into Fiesta Henderson the other day, and it was the first time I've ever seen 7:5 basic video poker, not talking about the double double or triple double stuff where you really can't tell what the odds are. This how you can tell if the casino is greedy. A book I bought at Gamblers Bookstore said 9:6 is ideal, 8:5 is the minimum on basic poker. It means a full house pays 9 and a flush pays 6.
Obviously, Stations is desperate, and are screwing their customers. Go there at your own peril, and be prepared to hit the ATM's often. Those Chinese trinkets they give away are going to cost you a bundle in the long run.
I concur with nednouget and mred. Stations wants its cake and eat it too. It's ok for them to manipulate the laws to their benfit (bankruptcy and zoning changes to inhibit competition) but when the tables are turned they scream foul. I would love to see the competition as Stations can't compete. Cannery is eating Boulder Stations lunch. The M resort is hurting Green Valley Ranch and Suncoast is toasting Alliante. I love it!
Cannery may have a deal to sell out to Crown Casinos of Australia. Yes, they pulled out in 2007, but they're back again. They would have to close by March or April 2011. I went to one of their Casinos in Melbourne Au. in 2003, and let me tell you, it was lovely. You just have to wonder why they would want to buy a Casino on Boulder Trailer Park Trash Hwy, which isn't exactly a Green Valley or Anthem location. Maybe they can get it for dimes on the dollar. Will be interesting.
mred states, "Typical two faced business people."
"Typical"? Go ahead. Explain.
I stayed at Boulder Station Once(for one night last year). It had not seen an update or full cleaning since it opened. And then there is the tiny pool with the sewage smell. This is a far cry from what I consider a real hotel. They seem to cater to a Lower Income Senior and Hispanic population - that is willing to settle for less for their Gaming Dollar.
Raise Taxes on these Corporate Welfare Queens to pay for the Hospitals and Educational systems we desperately need. If we loose half of these places with their "No Benefits" anti-worker jobs - good riddance.
Ben Lambert,
'No Benefits" company? Come back when you know what you are talking about. The reason that Station Casinos is not a union house is because they take better care of their employees then the Union shops do.
Stations pays a big percentage of the TAXES that pay for those hospitals and education systems that you don't want to pay for.
I know, facts get in the way of a good rant.
I go to mostly Green Valley, rarely Sunset, but if you are bright enough to know about "full pay" poker, then you should be bright enough to find the machines that say "Optimum Payout". Both casinos have them, they are never full of players, and there is no reason to sit at a 7-5 machine. You get jobbed a bit on the player points, but if your goal isn't entertainment, rather it's winning, that's where you sit.
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As for the license, a bit of competition never hurts, they should grant it, although the only possible casino it might hurt in the Station family is Boulder. For the most part, anybody that gambles at Sunset or Green Valley wouldn't be caught dead on Boulder highway.
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Not too mention it will create a few more jobs, and that certainly isn't a bad thing either.
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As for Ben's comment, Station casinos were voted one of the best places in the country to work for 4 years running, they must have been doing something right. And in a brutally tough state economy, if the choice is reducing benefits to some of your employees or closing down, it's obvious something has to give.
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I often wonder if anybody who posts to this insert has actually ever owned and operated a business. Based on the comments of the majority, it wouldn't appear so.
"Suncoast is toasting Alliante."
I live near Aliante and I'm pretty sure the Suncoast is far enough away to make it irrelevant in the Aliante casino's troubles. Aliante and GVR are partially owned by the Greenspuns (who own this paper)
The Greenspuns have sued Stations over the way they've been running their joint properties (accusations of diverting high-rollers to wholly owned Station properties, etc.)The people that work at Aliante Station seem pretty nice to me, I'd hate to see them "toasted" by the Suncoast.
I do share your disdain for the Fertittas and their tactics, but I would hate to see any of the properties fail and take down their employees with them.
I don't know when the "locals gaming" execs are going to get the message that the stuff that flies on the strip isn't going to cut it on Rancho or Boulder Hwy. Locals want a decent gamble, good prices on food and a loose beverage policy for players. I don't even gamble and I know this.
BEWARE: Do not do business with the Roadhouse without being paid first!....they will not pay you for services provided....I am in the fire protection business and was stiffed twice!!!!!
vegaslee If you knew the facts you would know just how badly Station Casinos has treated thier employees through all of thier legal bs, and how they now wish they had a union contract to protect them from the wonderful Station Casino management. If you actually knew just how unhappy the current employees are you would rethink your post. If you knew just how Station Casinos has taken advantage of investors, employees, the state and city you would rethink your post. In the end I don't think you are capable of thinking.Now go ask the Fertittas what you next statement is you nit wit.
Station Casinos has long tried to monopolize the local market. It bought the Fiesta, Wildfire, Santa Fe plus vacant land near the corner of Rancho & Carey owned by Coast Casinos destined to be a hotel/casino. Stations then put a codicil on the vacant land that eliminated the posssibility of gaming. They ran all of the regular patrons out of the Fiesta by lowering payouts on Video Poker machines to even money for 2 pair on bonus machines and, in one case, 2-1 for 3-of-a-kind. They eliminated the breakfast buffet and made other moronic decisions that cost them dearly. They thought their customers were stupid but soon found out differently when their business went down the toilet. Believe me, it wasn't just the recession that put these jokers into bankruptcy. They got what they deserved.
Wow, Ben and Homer: You guys profess to know A LOT about MY job, MY employer, MY benefits, and MY "treatment" at the hands of Stations management...You BOTH must be Culinary hacks (although your grammar could use a lot of work).
Homer: Why would you claim to speak for the THOUSANDS of us who remain happily employed at Station Casinos WITHOUT A UNION CONTRACT?! The fact is the VAST MAJORITY OF OUR WORKFORCE DOES NOT "wish" for such representation, and your self-serving slander only strengthens our resolve to fight to keep Culinary out of our workplace. Don't believe me? Look around our properties; they're not exactly teeming with team-members wearing those stupid buttons, but, hey, nice try.
Ben: Your insipid "no benefits" comment has already been addressed by VegasLee, so I won't bother, but PLEASE do us all a favor and learn the difference between "lose" and "loose", okay? Thank you.
If Sunset Station has to play by Henderson's rules, so should their competitors. Sounds like Macklin didn't follow through on what he promised the city - is it fair for him to get to keep his 'grandfathered' gaming license?
I went with a group of 6 people to the Mexican restaraunt at Aliante Station last Wednesday..at 7:20pm we were one of 3 whole tables being occupied in it..food took forever to get to altho it was good...I'm sure they only had one cook working..and before we were even leaving they were turning out all the candles and closing up shop at about 9pm...the casino floor was deserted...It was a nice looking place..but it looked like a rubber stamp of Red Rock Casino
@mred: Binion's and The Plaza are not governed by the City of Henderson. You know, because they are located in LAS VEGAS. Henderson city ordinances have no jurisdiction.
Why Sunset Station has any interest in whether or not the Roadhouse Casino gets a license should be the real story here. Another attempt by Station Casinos to grab up cheap land so they can build another neighborhood killer.
First off, this suit should have no priority in the courts. It should get in line with all the other law suits waiting so that they can get their day in court in about 10 years. Station Casinos won't lose traffic if they would pay out more.
As for Ben's comment, Station casinos were voted one of the best places in the country to work for 4 years running, they must have been doing something right.
Such is the propaganda that Stations spews for public relations. Stations runs 2 surveys. One to get the overall feel of employee attitudes, and from those that gave positive comments they are asked to participate in another survey that is used to give the company the false rating.
'No Benefits" company? Come back when you know what you are talking about. The reason that Station Casinos is not a union house is because they take better care of their employees then the Union shops do.
Are you high? No way does stations take better care of their employees. I am a union cook and I have friends who work for gvr. Also cooks. I make 2 dollars an hour more than they do and I dont pay for my insurance, which happens to be the best insurance in the state. I also dont have to pay for my medicine because my union owns a pharmacy. And my wife and kids are covered on my insurance for free. Station sucks until we organize them.
CULINARY LOCAL 226-WE RUN THE STRIP
I used to love eat breakfast at the Sunset Station Cafe....BEFORE they leased it out to Coco's....now I do not go anymore.....in my opinion, the property is a water-downed version of what it used to be.
What about the Kansas City wiretaps?
I'd say Station is in a position to compete very well with it's larger, newer (and very nice) facility. Roadhouse may take some of the locals business, but a simple adjustment of promotions and payouts can keep them coming back. I wonder how the crowd was for that one day with 17 machines operating? Hey, they are abiding by the law. Anyone who wants to open up a casino these days should be commended. Good luck and prosperity to both companies.