EX-99.1 2 ex9901to8k_04122005.htm sec document




                                                                    Exhibit 99.1

EMPIRE RESORTS  ANNOUNCES NEW VIDEO GAMING MACHINE REVENUE FORMULA BECOMES STATE
LAW

MONTICELLO,  N.Y., Apr 13, 2005 -- Empire Resorts Incorporated ("Empire") (NYNY)
announced  today  that the  pending  legislation  providing  relief to the video
gaming  machine "VGM"  industry in NY State,  including the Company's  operation
Mighty M Gaming at  Monticello  Raceway,  was passed into law.  The  legislation
changes the vendor fees which are based on net VGM  revenues to 32% of the first
fifty million and 29% of the next one hundred million of such revenues.  The new
law also provides for an additional  marketing  allowance of 8% of the first one
hundred  million of net VGM  revenues.

Empire CEO Robert Berman stated,  "The passage of this new revenue formula is an
important  event for our  company.  This new  structure  will put us on a better
footing and give us the  resources  we need to optimize  our  business  model by
expanding  our  marketing  efforts."  Berman  thanked New York State leaders for
their  support  for making the VGM bill a part of this year's  historic  on-time
budget.

Since the inception of the  Company's  VGM  operation on June 30, 2004,  through
March 31, 2005, Mighty M Gaming at the Monticello Raceway has had over 1,000,000
visitors and recorded VGM revenues in excess of $45,000,000.

About Empire Resorts:

Empire  operates the  Monticello  Raceway and is involved in the  development of
other legal  gaming  venues in New York.  Empire  opened  Mighty M Gaming at the
Raceway site on June 30, 2004. The facility features 1,718 video gaming machines
and amenities such as a 350-seat buffet and live nightly entertainment. Together
with the Cayuga  Nation,  Empire has  announced  plans to develop a $500 million
"Class III" Native American casino and resort on a site adjacent to the Raceway.
In addition,  Empire has recently announced plans to develop a second casino and
resort in the Catskills with the Seneca Cayuga Tribe of Oklahoma.

Statements in this press release  regarding the company's  business that are not
historical  facts  are  "forward-looking  statements"  that  involve  risks  and
uncertainties,  including  the  need for  regulatory  approvals,  financing  and
successful completion of construction. The company wishes to caution readers not
to place undue reliance on such forward-looking statements, which statements are
made pursuant to the Private  Securities  Litigation  Reform Act of 1994, and as
such,  speak only as of the date made.  To the extent the  content of this press
release  includes  forward-looking  statements,  they involve  various risks and
uncertainties  including  (i) the risk that the various  approvals  necessary as
described  herein and other  approvals  required to be obtained  from the United
States  Congress,  the Bureau of Indian  Affairs,  the  National  Indian  Gaming
Regulatory  Commission,  the Governor of the State of New York and various other
federal,  State and local governmental entities are not received,  (ii) the risk
that financing  necessary for the proposed  programs or projects may not be able
to  be  obtained  because  of  credit  factors,   market   conditions  or  other
contingencies,  (iii) the risk that sovereign  Native  American  governments may
exercise  certain broad rights with regard to termination of its agreements with
the company (iv) the risk of  non-compliance  by various  counterparties  of the






related  agreements,  and (v) general  risks  affecting the company as described
from  time to time in it's  reports  filed  with  the  Securities  and  Exchange
Commission.  For a full discussion of such risks and uncertainties,  which could
cause  actual  results to differ  from those  contained  in the  forward-looking
statements,  see "Risk Factors" in the company's  Annual Report or Form 10-K for
the most recently ended fiscal year.

CONTACT:     Empire Resorts, Inc.
             Charles A. Degliomini
             845-807-0001
             cdegliomini@empireresorts.com