-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LjoEIO0QCWYlvjPKanea9eoXhsZi0oRzib3CMNsyQ+VB+rLVdNFYkG6+US6rXxlg 8VoEq0v4CzYDpJNhOT7keQ== 0000921895-06-002595.txt : 20061222 0000921895-06-002595.hdr.sgml : 20061222 20061222155805 ACCESSION NUMBER: 0000921895-06-002595 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20061221 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20061222 DATE AS OF CHANGE: 20061222 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EMPIRE RESORTS INC CENTRAL INDEX KEY: 0000906780 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING & DRINKING PLACES [5810] IRS NUMBER: 133714474 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12522 FILM NUMBER: 061297105 BUSINESS ADDRESS: STREET 1: RT 17B STREET 2: P.O. BOX 5013 CITY: MONTICELLO STATE: NY ZIP: 12701 BUSINESS PHONE: (845) 807-0001 MAIL ADDRESS: STREET 1: RT 17B STREET 2: P.O. BOX 5013 CITY: MONTICELLO STATE: NY ZIP: 12701 FORMER COMPANY: FORMER CONFORMED NAME: ALPHA HOSPITALITY CORP DATE OF NAME CHANGE: 19930614 8-K 1 form8k05558_12212006.htm sec document

                                  UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                              WASHINGTON, DC 20549

                              --------------------

                                    FORM 8-K

                                 CURRENT REPORT
                     PURSUANT TO SECTION 13 OR 15(d) OF THE
                         SECURITIES EXCHANGE ACT OF 1934


       Date of Report (Date of earliest event reported): December 21, 2006
                                                         -----------------

                              EMPIRE RESORTS, INC.
- --------------------------------------------------------------------------------
             (Exact name of registrant as specified in its charter)


          Delaware                      001-12522                13-3714474
- --------------------------------------------------------------------------------
(State or other jurisdiction           (Commission              (IRS Employer
      of incorporation)               File Number)           Identification No.)

701 N. Green Valley Parkway, Suite 200, Henderson, NV                    89074
- --------------------------------------------------------------------------------
       (Address of Principal Executive Offices)                       (Zip Code)

       Registrant's telephone number, including area code: (702) 990-3355
                                                           --------------

                                       N/A
- --------------------------------------------------------------------------------
         (Former name or former address, if changed since last report.)


Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (SEE General Instruction A.2. below):

         |_|      Written communications pursuant to Rule 425 under the
Securities Act (17 CFR 230.425)

         |_|      Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12)

         |_|      Pre-commencement communications pursuant to Rule 14d-2(b)
under the Exchange Act (17 CFR 240.14d-2(b))

         |_|      Pre-commencement communications pursuant to Rule 13e-4(c)
under the Exchange Act (17 CFR 240.13e-4(c))




Item 8.01.        OTHER EVENTS.

         Empire Resorts, Inc. has been advised that on December 21, 2006, its
partner, the St. Regis Mohawk Tribe (the "Tribe"), received a letter from James
R. Cason of the Department of the Interior's Bureau of Indian Affairs (the
"BIA") stating that the Tribe's Final Environmental Assessment has been deemed
sufficient, an Environmental Impact Study will be not be required and a Finding
of No Significant Impact (FONSI) related to the proposed federal action
approving the request of the Tribe to take 29.31 acres into trust for the
purpose of building a Class III gaming facility to be located at Monticello
Raceway, in accordance with the Indian Gaming Regulatory Act of 1988 (the
"Land-to-Trust Transfer") has been issued. Mr. Cason further indicated that the
Department of the Interior anticipates continued political scrutiny of the
ability of Tribes, such as the St. Regis Mohawk Tribe, to acquire land into
trust for gaming purposes away from their aboriginal reservations and indicated
that the Department itself was considering the implementation of regulatory
changes that might broaden the scope of review of such applications. In
addition, the Land-to-Trust Transfer remains subject to further state and
federal government approvals, including concurrence in the two-part
determination, an amendment to the gaming compact between the Tribe and New York
State and review of such compact by the department, and could be affected by
future legislative or regulatory changes that may occur.

         On December 22, 2006, Empire Resorts, Inc. issued a press release, a
copy of which is attached hereto as EXHIBIT 99.1, with respect to the
notification received by the Tribe from the BIA.

Item 9.01.        FINANCIAL STATEMENTS AND EXHIBITS.

(d)      Exhibits

         EXHIBIT NO.       EXHIBITS

99.1               Press Release of Empire Resorts, Inc. dated December 22, 2006.






                                   SIGNATURES

         Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.


                                              EMPIRE RESORTS, INC.

Dated: December 22, 2006                      By: /s/ Ronald J. Radcliffe
                                                  ------------------------------
                                                  Name: Ronald J. Radcliffe
                                                  Title: Chief Financial Officer




EX-99.1 2 ex991to8k05558_12212006.htm sec document

                                                                    Exhibit 99.1


EMPIRE RESORTS CONTACT:                     INVESTOR CONTACT:
Charles A. Degliomini                       Jody Burfening
VP, Communications & Government Relations   Lippert/Heilshorn & Associates, Inc.
(845) 807-0001                              (212) 838-3777
                                            jburfening@lhai.com


FOR IMMEDIATE RELEASE


 EMPIRE RESORTS ANNOUNCES CASINO SITE RECEIVES FINDING OF NO SIGNIFICANT IMPACT
           TRANSMITTAL LETTER TO TRIBE UNDERSCORES EVOLVING NATURE OF
                            "OFF RESERVATION GAMING"

LAS VEGAS,  NV, DECEMBER 22, 2006 - Empire Resorts,  Inc.  (NASDAQ:  NYNY) today
announced  that the Bureau of Indian  Affairs  (BIA) has  informed the St. Regis
Mohawk  Tribe  that the Final  Environmental  Assessment  (FEA) has been  deemed
sufficient,  and as such no  Environmental  Impact Study (EIS) will be required.
The BIA has issued a Finding of No  Significant  Impact  (FONSI)  related to the
proposed  federal action  approving the Tribe's  request to take 29.3 acres into
trust for the purpose of  building a Class III gaming  facility,  in  accordance
with the Indian  Gaming  Regulatory  Act of 1988.  The proposed St. Regis Mohawk
Casino is to be located at Monticello  Raceway,  just 90 miles north of New York
City.

In a  transmittal  letter  to the  St.  Regis  Mohawk  Tribe,  Associate  Deputy
Secretary of the  Interior  James Cason  indicated  that the  Department  of the
Interior anticipates continued political scrutiny of the ability of Tribes, such
as the St. Regis Mohawk  Tribe,  to acquire land into trust for gaming  purposes
away from their aboriginal reservations and indicated that the Department itself
was considering the  implementation of regulatory changes that might broaden the
scope of review of such applications.

In April 2000, the Tribe  received a favorable  Secretarial  determination  that
found that gaming on the  Monticello  site would be in the best  interest of the
tribe  and  its  members,  and  would  not be  detrimental  to  the  surrounding
communities.  This  determination  known  as the  two-part  determination  under
Section 20 of the Indian Gaming  Regulatory  Act of 1988,  had only been granted
three times since the Act's  passage.  The St. Regis Mohawk Tribe was the fourth
tribe to be granted this rare exception to game on newly acquired lands.

On September 9, 2005,  George  Skibine,  Acting  Deputy  Secretary  for Economic
Development and Policy,  wrote to the Tribe to confirm that the 2000 Secretarial
determination  was still  valid.  In response to a letter from  Governor  Pataki
asking whether the April 2000  Secretarial  determination  was still valid,  Mr.
Skibine  responded  that the  Department  of the  Interior  considered  the 2000
Secretarial determination to be of continuing validity subject to concurrence by
the Governor.  In a letter dated May 25, 2006, the  Governor's  office urged the
BIA to expedite  its review  process and to promptly  notify his office once the
potential environmental impacts had been satisfactorily  addressed. This process
is now complete.

David P. Hanlon,  Empire's President and CEO stated, "Our enhanced Environmental
Assessment has been  meticulously  reviewed and approved over an extended period
of time and we are pleased that now the process can move  forward.  Importantly,
it is clear from the Department of Interior's transmittal letter that due to the
evolving nature of  off-reservation  gaming in the United States, New York State
and local  officials  should  work  together to  immediately  secure this unique



economic  development  opportunity before the federal  legislative or regulatory
landscape inexorable changes -- leaving  Pennsylvania,  Connecticut and Atlantic
City the really big winners."


ABOUT EMPIRE RESORTS, INC.
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.  This  facility  features over 1,500 video gaming
machines and amenities such as a 350-seat buffet and live entertainment.  Empire
is also working to develop a $500 million "Class III" Native American casino and
resort on a site adjacent to the Raceway and other gaming and non-gaming  resort
projects in the Catskills region and other areas.

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.




-----END PRIVACY-ENHANCED MESSAGE-----