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But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses.
The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
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Bally’s shares plunged 26% on 17 August despite a solid Q2 in which group revenue rose by 20% year-on-year to €792.2 million.
The share price came under pressure following debt disclosures in Bally’s Q2 10-Q filing, which was submitted to the Securities and Exchange Commission on 14 August.
In the filing, Bally’s noted that based on current forecasts, the business “does not project that it would satisfy the liquidity maintenance requirement” or the “consolidated net leverage ratio covenant” in its revolving credit facility over the next year.
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Unlike regulated sportsbooks, prediction markets allow customers between the ages of 18 and 21 to trade on sports-event contracts. Craig Carton, a sports talk host with WFAN 660 AM in New York, criticised the athletes for their endorsement of Polymarket. Carton, a recovering compulsive gambler, opined that the “unregulated” gambling markets are driving Americans into bankruptcy and kids out of school. Regulated books prohibit those under 21 from betting on their platform, leading Carton to question the celebrities for promoting the company.
“At what point does someone come along where you say no to the offer?” Carton asked.
A Bank of America study released on 1 September found that the median deposit account balance of households that participated in online betting was 59% higher than households that avoided the activity. As prediction markets rapidly expand alongside traditional sports betting, the findings have prompted “some to blur the lines between entertainment and investment”, according to a proprietary study undertaken by BofA.