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BP Business Economic Loss Claim Appeal 2015-1225: Promoter of poker tournaments not excluded

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The following is an Appeal Panel Decision issued pursuant to Section 6 of the BP Deepwater Horizon Economic & Property Damages Settlement Agreement and the Rules Governing the BP Appeals Process. Links may have been added to assist the reader. The original decision may be found here, as well as a glossary of BP Settlement terms.


What is in a name? We all recognize that a rose by any other name would smell as sweet, but use a gaming term in the name of your company and you will be excluded from an award, no matter what the primary business activity of your company.

Claimant is a company that puts on Texas Hold’em games at restaurants and bars to encourage people to come and support local food and beverage establishments. The locations pay the Claimant to conduct the games and the participants do not pay the Claimant anything. Claimants company is named, [XXXXX]. Sounds like a gaming company that should be excluded. However, true gaming companies must be licensed and the owners found suitable by the appropriate gaming jurisdiction in which they operate.

Claimant is licensed as a business which conducts entertainment events and is not required to obtain a gaming license from the State of Florida. Claimant has no location on which it holds events, it only hosts events at remote locations. It could just as easily be putting on karaoke sing offs. The Claimant does not conduct gambling events. The Administrator assigned NAICS Code 713290, Other Gaming Industries to the Claimant. The code that better describes the substantive nature of the business is 711320, Promoters of Performing Arts, Sports and Similar Events Without Facilities.

This appeal is remanded to the Administrator to assign the proper NAICS Code and calculate the appropriate award.

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