Gaming commission approves Herbst takeover of Mountain View Casino

LAS VEGAS — The Nevada Gaming Commission approved an ownership change in the Mountain View Casino Thursday, which returned a member of the Herbst family to the gaming industry.

But the discussion was more about medical marijuana.

A group headed by Timothy Herbst was approved for a 50 percent ownership in the small property, which will be renamed to carry the Terrible’s moniker. He said the casino would start out with 180 slot machines and be co-owned with its current operator, Rochelle McCaw, widow of the founder of Mountain View Casino, John McCaw.

Herbst told the commission his brother, Troy Herbst, who had been an investor in the casino business, would have no involvement with the gaming company because of his interest in a potential medical marijuana dispensary in Clark County.

In May, the Gaming Control Board issued an industry notice telling gaming license holders — and even prospective license applicants — to stay far away from medical marijuana. Under federal law, distribution, possession and sale of the drug is a crime.

Troy Herbst owns 10 percent of the Clinic Nevada LLC. The Herbst brother are advisers to JETT Gaming, a slot machine route company owned by their father, Jerry Herbst. The business manages the slot machines for the family’s Terrible Herbst convenience stores and gas stations.

Tim Herbst told the commission his brother would divest from the gaming business if his company earns a dispensary license. If the medical marijuana business isn’t licensed, he said his brother might want to return to the casino business.

“We’re not going to do anything to disappoint this commission,” Tim Herbst said. “We will do everything in our power to keep a bright light on this business.”

He said the businesses would be operated separately.

Gaming Commission Chairman Tony Alamo Jr. said the regulators would not change their stance on medical marijuana unless the federal government decriminalizes the activity.

The Nevada Gaming Control Board recommended approval of a non-restricted gaming license, slots only, on Sept. 10. Tim Herbst was approved for licensure as sole manager of Herbst Pahrump Acquisitions LLC.

During the Gaming Control Board hearing Tim Herbst said they plan to renovate the interior and exterior, bring in new equipment, install player tracking, build a new restaurant and fix up the bar. He said hopefully a brand new Terrible’s Casino would be open in Pahrump by the end of the year, he said.

Tim Herbst told the GCB the Mountain View Casino had 36 employees, what he described as the minimum crew of what they want to offer.

“Hopefully we’ll put some people in Pahrump back to work,” he said.

The gaming commission approval was based on three conditions. The casino is limited to 500 slot machines, the number of slots may not be increased nor may live games be added without prior administrative approval by the Gaming Control Board chairman or his designee. A surveillance system must be inspected and approved by the Gaming Control Board Enforcement Division within 60 days of the issuance of the license. A key employee application for the position of general manager must be filed within 60 days.

The Herbst family first opened Terrible’s Town Casino on Highway 160 and 372 in Pahrump in 1995 and followed with Terrible’s Lakeside Casino in 1999. Herbst Gaming filed for Chapter 11 bankruptcy protection in March 2009 in which lenders took control of 15 casinos in Nevada, Iowa and Missouri.They adopted the name Affinity Gaming LLC in May 2011. Golden Gaming Inc., owner of the Pahrump Nugget Hotel and Casino, ended up acquiring Terrible’s Town and Terrible’s Lakeside Casinos from Affinity Gaming in February 2012. Terrible’s Town was renamed Gold Town Casino after a local contest, while they shortened the other casino name to simply Lakeside Casino.

The Nevada Gaming Commission first approved a non-restricted gaming license for the Mountain View Recreation Center on June 22, 1989, the second license in Pahrump to allow live gaming after the Saddle West Hotel and Casino, the Pahrump Valley Times reported. The late John McCaw and his wife Debbie McCaw bought the Mountain View facility at the start of 1988.

The original 63,000-square-foot, $13.5 million Mountain View Casino burned in April 2003 and was rebuilt later with a smaller facility, without the bowling alley and convention center. Original owner John McCaw died in 2006.

Tim Herbst and representatives of Herbst Gaming were unavailable for comment after the decision.

Pahrump Valley Times Senior Staff Writer Mark Waite contributed to this report.