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The law grants a summer jai alai permit to the lowest-performing pari-mutuel facility in a county. That then allows an operator who runs a limited season of jai alai matches to open a year-round card room. The owner of Hialeah Park, for instance, built a jai alai fronton and poker room in Florida City last year, promptly zipped through 58 performances of eight games each to meet the state minimum , then suspended jai alai play until May 2019, when it must host at least 58 more performances to keep the card room open. West Flagler is now phasing out dog racing at Magic City Casino in favor of jai alai. The firm won a summer jai alai permit in 2011, then successfully applied for a second permit on Biscayne Boulevard when an appeals court agreed with its interpretation of an obscure side rule. Braman and Perez say they have lawyers researching possible challenges to the state decision to grant the permit as well as any permits that may be needed from the city of Miami. At first blush, Codina conceded, the Crescent Height property's land-use classification and zoning appear to allow gaming as an entertainment use, but it's unclear whether the project would require any public hearings or approval by the city commission. In either case, Braman said, he intends to press elected officials to put a stop to it. Braman, echoing other critics, said it would be "outrageous" for a gaming complex to be built in the city with no input from the public or their elected representatives.

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