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New Shack out to Shake up Newbury St.

Written By Unknown on Kamis, 02 Januari 2014 | 00.32

Shake Shack, the much-ballyhooed burger chain from New York, is heading for Boston's Newbury Street next year.

The, 5,600-square-foot, two-level location at 236 Newbury St. will be Shake Shack's third store in Massachusetts and its largest yet.

Shake Shack signed a lease for the space in November, according to Registry of Deeds documents, and will occupy the street and lower levels of the recently renovated building.

Spokesman Greg Waters would not discuss the company's plans.

"At this point, I have nothing to report," he said.

Shake Shack opened its first Bay State restaurant to long lines at The Street shopping center in Chestnut Hill in March and will hold the grand opening for its Harvard Square location at 92 Winthrop St. in Cambridge tomorrow.

"It's been exceeding our expectations," Waters said of the Chestnut Hill restaurant. "We've been extremely pleased with the response."

The Harvard Square Shake Shack opened for several hours on Dec. 24 to serve the chain's signature frozen custard, and formally opens tomorrow at 11 a.m.

Restaurateur Danny Meyer's Union Square Hospitality Group opened the first Shake Shack in New York's Madison Square Park in 2004. The Harvard Square location will be its 40th worldwide. "We love Boston and can't wait for our grand opening in Harvard Square," CEO Randy Garutti said in a statement. "Cambridge is absolutely amazing with its vibrant food culture, energized college scene, wealth of history and central location."


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Missing Ga. bank director arrested in Brunswick

ATLANTA — A bank director accused of losing millions of investors' dollars before vanishing last year was arrested Tuesday during a traffic stop in a city in south Georgia.

Aubrey Lee Price, 47, was arrested Wednesday during a stop for a vehicle and traffic violation on Interstate 95 in Brunswick by members of the Glynn County Sheriff's Department, the U.S. attorney's office in Savannah said. Price is set to make his initial appearance before a federal judge in Brunswick on Thursday.

Price disappeared in June 2012 after sending a rambling letter to his family and acquaintances that investigators described as a confession. A Florida judge declared him dead a year ago, but the FBI had said it didn't believe Price was dead and continued to search for him.

Prosecutors have said Price had raised roughly $40 million from about 115 investors, mostly in Georgia and Florida, through the sale of membership interests in his investment firm. Authorities believe Price slipped away with up to $17 million of investors' money. He has been indicted in federal courts in New York and Georgia, and the Securities and Exchange Commission has filed a complaint against him in federal court in Atlanta.

FBI Special Agent Stephen Emmett said in an email Tuesday that he didn't know whether Price's wife and children had known that he was still alive. His family had previously told investigators they believed Price was dead. A call to a number listed for his wife in Valdosta on Tuesday evening did not go through.

Price left his home in south Georgia on June 16, 2012, telling his family he was headed to Guatemala for business, authorities have said. Two days later, Price's family and acquaintances received letters saying he was going to Key West to board a ferry headed to Fort Meyers and planned to jump off somewhere along the way to end his life.

"My depression and discouragement have driven me to deep anxiety, fear and shame. I am emotionally overwhelmed and incapable of continuing in this life," said a rambling confession letter investigators believe was written by Price.

"I created false statements, covered up my losses and deceived and hurt the very people I was trying to help," the letter said.

Credit card records showed he purchased dive weights and a ferry ticket. The ferry ticket was scanned at the boarding point, and security camera footage released by the FBI about six weeks after his disappearance showed Price at the Key West, Fla., airport and ferry terminal on the day he disappeared.

Price owned real estate in Venezuela and had told people he frequently went there and to Guatemala. The FBI said in February that investigators had accounted for all the vehicles Price owned, except for a 17-foot fiberglass boat. The agency said at the time that it was possible Price had used the boat to flee and may still be using it.

Price became director of Montgomery Bank & Trust in Ailey, Ga., in December 2010, when a company he controlled bought a controlling portion of the bank's stock, according to a complaint filed in June 2012 in federal court in New York. Price then opened brokerage accounts through a securities clearing and custodial firm in New York and told bank managers he would invest in U.S. Treasury securities.

Instead of investing the bank's money, authorities say Price wired the funds into accounts he controlled at other financial institutions and provided bank managers with fraudulent documents.

Price lived with his wife and children in Bradenton, Fla., but bought a home in Valdosta in the months before his disappearance, according to authorities. Price had moved his family to the south Georgia city, where his wife's parents lived, just a few weeks before he disappeared.


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Hub buildings change hands

A flurry of transactions closed a heady year for the Boston real estate market, including the sales of a rare portfolio of Boylston and Newbury street properties, One Winthrop Square and The Block on Congress.

Bethesda, Md.-based ASB Real Estate Investments paid $91.2 million for the four retail-office buildings at 801 Boylston St. and 333-335, 342 and 352 Newbury St. that total 51,249 square feet and are fully leased.

"It's aggressive pricing," said Michael Jammen, a principal at UrbanMeritage, a Boston real estate investment firm. "It's not often that a portfolio of properties comes up together on Newbury Street. The buildings are quality."

The seller was an entity formed by Irish investor Paul O'Sullivan and his U.S. business partner, John Driscoll of North Reading.

In another transaction, San Francisco's Divco-
West Real Estate Services acquired One Winthrop Square — a 114,000-square-foot office building with BNP Paribas and Boston Financial Management as major tenants — for $36 million. The seller, Munich-based GLL HRE Core Properties, had purchased it in 2009 for $21 million.

Boston's Related Beal, meanwhile, bought "The Block on Congress" from Fidelity Investments for $59.2 million, according to Registry of Deeds documents. The five buildings at the top of Post Office Square consist of about 343,000 square feet of office and retail space and include 82 Devonshire St./35 Congress St., 54 and 68 Devonshire St., and 15 and 19 Congress St.

"Rarely do you have the opportunity to reposition and reinvent an entire city block, especially one in the heart of downtown Boston," Stephen Faber, executive vice president of Related Beal, said in a statement.


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Brewery responds to Starbucks letter with $6 check

ST. LOUIS — A small Missouri brewery has responded to a cease and desist letter from Starbucks by sending the coffee chain a check to cover what it calls the profit from use of the word "Frappicino" — a check for $6.

Exit 6 Pub and Brewery in the St. Louis suburb of Cottleville named one of its brews the Frappicino, with one c instead of the two that Starbucks uses for its blended beverages. That prompted an attorney for Starbucks Coffee Co. to send Exit 6 a letter on Dec. 9.

The letter from attorney Anessa Owen Kramer noted that the Seattle-based company "is the owner of a number of world-famous trademarks, including the well-known FRAPPUCCINO trademark." It said that the words are "phonetically identical" and that Exit 6's use of Frappicino "is likely to cause confusion, mistake."

In his sarcastic response letter, Exit 6 owner Jeff Britton also wrote that the brewery "never thought that our beer drinking customers would have thought that the alcoholic beverage coming out of the tap would have actually been coffee from one of the many, many, many stores located a few blocks away."

Exit 6 posted the letter on its Facebook site and responded with a letter to "Mr. Bucks." The letter said Exit 6 would no longer use the term "Frappicino" and would instead refer to its beer as the "F Word."

Britton said in a telephone interview Tuesday that he brewed up a new batch of "The F Word" last Friday. By then, the dispute was already drawing attention on social media, and the beer sold out in three hours. He's contemplating making more, based on the calls, emails and Facebook messages of support he said he's received from around the world.

"It's been unbelievable," Britton said. "People are just saying, 'Hey, read the story, good job.' I'm getting emails and Facebook messages from Germany, China, England. People are just clamoring for it."

Starbucks spokeswoman Laurel Harper said the company was glad the brewery agreed to stop using the name.

"This was a respectful request asking Exit 6 to refrain from using the term 'Frappicino,' which differs by only one letter from our 'Frappucino' product," she said by telephone.

"We always prefer to resolve trademark disputes informally and amicably, and we appreciate them respecting our request to avoid confusion among customers."


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3 apply to operate resort casinos in Mass.

BOSTON — Massachusetts gambling regulators said they would spend several months evaluating final applications submitted by three companies hoping to win licenses to build the state's first resort casinos.

As expected, Wynn Resorts, MGM Resorts International and Mohegan Sun filed detailed "Phase 2" applications with the Massachusetts Gaming Commission by Tuesday's deadline.

Mohegan Sun and Wynn are vying for the only eastern Massachusetts resort casino license allowed under the state's 2011 gambling law, while MGM is the only applicant in the state's western region.

The applications, thousands of pages in length, provide exhaustive details about the proposals and will be evaluated by the five-member commission on the basis of several key criteria, including finances, economic development, building and site design, and plans the developers have to reduce impacts on local residents and businesses.

The commission hopes to make portions of the applications public next month and has invited all three companies to a Jan. 22 public hearing to discuss their proposals. Licensing decisions are not expected until late May or June.

Wynn Resorts, which has proposed a $1.2 billion resort at a former industrial site on the banks of the Mystic River in Everett, said Tuesday that it submitted its application to the commission last Friday. A spokesman for the Las Vegas company said the filing included 750 documents totaling more than 18,000 pages, delivered in leather-covered, gold-embossed notebooks and flash drives.

Connecticut-based Mohegan Sun said it submitted its final application on Tuesday in 15 boxes totaling more than 16,000 pages of documents.

The company is hoping to develop a $1.3 billion resort on 42 acres of land owned by Suffolk Downs in Revere. The plan emerged after a proposal by Suffolk Downs for a casino straddling the Boston-Revere border was rejected by East Boston voters in a Nov. 5 referendum.

While Revere voters had approved the earlier plan, the commission said a new vote would be needed by city residents on the Revere-only project because of how dramatically it differed from the original proposal. The referendum, scheduled for Feb. 25, has to be approved for the application to go forward.

"Mohegan Sun will create something very special in Revere: a wonderful gaming and entertainment destination that drives tourism and delivers thousands of jobs," said Mitchell Etess, chief executive of the Uncasville, Conn.-based Mohegan Tribal Gaming Authority, in a statement.

MGM has proposed an $800 million casino in downtown Springfield and delivered its final application on Monday.

The state law also allowed for one resort casino in southeastern Massachusetts, but gave first preference in the region to a federally-recognized Indian tribe. The Mashpee Wampanoag tribe has proposed a casino in Taunton, but the gaming commission has said it would consider applicants for commercial developers if the tribe fails to show progress in securing needed federal approvals.

The commission is also weighing three applications submitted in October for the single slots parlor license allowed under the law, with a decision expected in March.


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Obama's tarnished health care law at a crossroads

WASHINGTON — All things good, bad and unpredictable converge with the new year for President Barack Obama's health care overhaul as the law's major benefits take effect, along with an unpopular insurance mandate and a risk of more nerve-wracking disruptions to coverage.

The changes bring big improvements for some, including Howard Kraft of Lincolnton, N.C. A painful spinal problem left him unable to work as a hotel bellman. But he's got coverage because federal law now forbids insurers from turning away people with health problems.

"I am not one of these people getting a policy because I'm being made to," Kraft said. "I need one to stay alive."

What's good for millions like Kraft is secured through what others see as an imposition: requiring virtually every American to get covered, either through an employer, a government program, or by buying a plan directly.

But the health care headlines early this year could come from continued unpredictable consequences of the insurance program's messy rollout.

The consumer-facing side of the HealthCare.gov website appears to be largely fixed — with 2.1 million enrolled through federal and state websites. But on the back end, insurers say they are still receiving thousands of erroneous sign-ups from the government.

That means early in the year insured patients could go for a medication refill — or turn up in the emergency room — only to be told there is no record of their coverage.

One of the main worries is over certain error-tainted enrollment records that insurers call "orphans" and "ghosts."

"Orphans" are sign-ups that the government has a record of, but they do not appear in insurer systems. Insurers say those customers never left the government's "orphanage" to "go and live" with the carrier they selected.

"Ghosts" are new customers that the insurer does have a record of, but mysteriously the information does not appear in the government's computers.

The Obama administration says the rate of such errors has been dramatically reduced, and insurers agree. The catch is that the volume of sign-ups has surged in the meantime, which means even with a lower error rate the number of problem cases keeps growing. And there is no automated way to clear up mistakes quickly.

"Some people are actually going to start using their coverage Jan. 1, and that is a good thing for them," said Mark McClellan, who oversaw the rollout of Medicare's prescription drug benefit — a program that also had its share of issues. "But there are going to be problems for any number of people who thought they had signed up, and it won't work right off the bat. It would be particularly disruptive for people in the midst of treatment."

Anticipating disruptions, major drug store chains like CVS and Walgreens have announced they will help customers who face coverage glitches, even providing temporary supplies of medications without insisting on up-front payment. Many smaller independent pharmacies are also ready to help.

White House health care adviser Phil Schiliro told reporters Tuesday the administration was working with insurers and health care service providers to minimize disruptions "as we deal with what are always going to be unexpected problems where there is a transition."

Legal challenges still lie ahead for the health care law. Supreme Court Justice Sonia Sotomayor, acting Tuesday night on a request from an order of Catholic nuns in Colorado, blocked implementation of portions of the law that would have forced some religion-affiliated organizations to provide health insurance for employees that includes birth control. In a separate filing earlier Tuesday, several Catholic groups asked the Supreme Court to take similar action for similar reasons.

Obama had envisioned that the arrival of the Affordable Care Act's major benefits in 2014 would be like a national seminar, showcasing his philosophy that government can and should smooth the rough edges of an unforgiving economy for struggling working people.

The goal was that in a midterm election year, Democrats would be able to point to millions of newly insured Americans, thanks to subsidized private plans and an expanded version of Medicaid. Media reports would feature compelling cases of people literally handed a lifeline.

That's indeed happening, but it seems to be only part of the story. The Republican portrayal of "Obamacare" as government inept and out of control appears to be unfolding right alongside.

Although the stated goal of the law was to cover the uninsured, at least 4.7 million insured people had individual policies cancelled that didn't measure up to new requirements. That forced an apology from the president, who had famously promised that if you like your health plan, you can keep it. The administration says it believes most of those people have secured new coverage.

Americans with job-based health plans are also worried. A recent Associated Press-GfK poll found that most people who've seen their employers scale back coverage blame that on Obama's law, even though businesses were shifting health costs to workers before the law passed.

The nation's divisive debate over health care could go on for years.

For now, administration officials say they are just focused on getting through the March 31 end of open enrollment season. People who enroll by that date will not face the law's tax penalty for remaining uninsured.

The administration and its supporters are also planning a big push to get younger, healthy uninsured people to sign up, key to the law's long-term success.

Experts say it's likely that many of those who have signed up so far are people like Kraft, the disabled former bellman. He had an urgent need for insurance because of his painful back problems, and because the temporary coverage he had been buying through his former employer was expiring at the end of 2013.

Kraft estimates he spent at least 20 hours over two months dealing with website woes that left him frustrated. But in the end he prevailed.

He says he's got better coverage, and thanks to tax credits it's costing him about half what he was paying. The only drawback is an annual deductible of $1,250, which has to come from his pocket.

"Once people are able to get signed up and they actually see the policies that are available to them, I think it is going to start changing minds," he said.


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Casino hopefuls deal out applications on deadline

A last crucial deadline passed yesterday for hopeful resort casinos in the state — as all three contenders for the eastern and western region licenses submitted massive application files — setting up a battle for the Boston-area casino between two casino giants.

"It's going to be an interesting battle between who promises the most," said Boston College professor and casino expert Richard McGowan.

He said both the Wynn and Mohegan Sun proposals raise questions that will have to be answered in the applications. They include whether the Suffolk Downs' Revere property can accommodate a Mohegan Sun resort that is large enough to satisfy the state Gaming Commission; and how hard it will be for Wynn Resorts to clean up the land at the former Monsanto chemical site in Everett.

Mohegan Sun released the first renderings of its Revere-only proposal yesterday, a design they said was completely done from scratch.

"It really was a herculean effort to get that done," said Mohegan Tribal Gaming Authority CEO Mitchell Etess.

Las Vegas casino giant Wynn was keeping a low profile yesterday, releasing no new details.

"We've submitted our application and we look forward to our presentation," Wynn Resorts spokesman Michael Weaver said.

MGM Springfield also submitted its application by the deadline, the only proposal for the western Massachusetts casino license. The applications — 41,000 pages in all — have not yet been made public by the commission. They will be posted online next week.


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Driven to distraction

The next technology-vs.-real-life clash is shaping up in the car — again — as anti-distracted-driving advocates call for a ban of Google's futuristic Glass behind the wheel, though some techies say the Internet-enhanced spectacles could end up making driving easier and safer.

"You necessarily need to take your eyes off the road," said Glass-user Andrew Perlman, a professor at Suffolk University Law School. He said he tried driving with them once, but found it too distracting. "It's not something I would want to use while driving."

"It certainly sounds like it is a visual and a mental distraction," said Jeff Larson, president of the Safe Roads Alliance, adding that he would like Google Glass-like devices that put the Internet in front of the wearer's eyes addressed by the law.

The state's safe driving law is broad enough to include Glass, the Department of Transportation said, under the same provision that bans "distracting objects" such as televisions. Spokeswoman Sara Lavoie said it is up to police to interpret and cite drivers for distracted driving.

"The technology is new," said Trooper Todd Nolan, a spokesman for the state police, "A lot of us are unfamiliar with it."

He said it does not seem to be an issue now because sightings of the sci-fi frames are rare.

"If or when they do become more prevalent, we'll have to address it then," Nolan said.

Roger Kay, a technology analyst, said Glass is still in its infancy, and the best uses have not been developed yet.

"Most of its potential is really in the future," Kay said. "Rather than being distracting ... it could actually enhance the driving experience."

Kay envisions an app that uses Glass's camera to alert the driver when another car is slowing down, or getting too close.

Perlman said he didn't see the value in wearing Glass while driving, and said it had about the same distracting effect as a common GPS on a dashboard — currently one of the few legal screen uses for drivers.

"I don't think it's any more distracting," Perlman said.

Google Glass is not now widely available. But the devices may start to show up on more faces in the coming months, with Google aiming to expand from 10,000 "Glass Explorers" in 2014. Yesterday, Google sent out invitations to buy the $1,500 device to subscribers of its music subscription service, All Access. In a statement, Google said, "Explorers should always use Glass responsibly and put their safety and the safety of others first."


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Justice delays health law's birth control mandate

WASHINGTON — Only hours before the law was to take effect, a Supreme Court justice on Tuesday blocked implementation of part of President Barack Obama's health care law that would have forced some religion-affiliated organizations to provide health insurance for employees that includes birth control.

Justice Sonia Sotomayor's decision came after a flurry of efforts by Catholic-affiliated groups from around the nation. Those groups had rushed to the federal courts to stop Wednesday's start of portions of the Affordable Care Act, also known as Obamacare.

Sotomayor acted on a request from an organization of Catholic nuns in Denver, the Little Sisters of the Poor Home for the Aged. Its request for an emergency stay had been denied earlier in the day by a federal appeals court.

The government is "temporarily enjoined from enforcing against applicants the contraceptive coverage requirements imposed by the Patient Protection and Affordable Care Act," Sotomayor said in the order.

Sotomayor, who was in New York Tuesday night to lead the final 60-second countdown and push the ceremonial button to signal the descent of the Times Square New Year's Eve ball, gave government officials until 10 a.m. EST Friday to respond to her order.

The law requires employers to provide insurance that covers a range of preventive care, free of charge, including contraception. The Catholic Church prohibits the use of contraceptives.

The Obama administration crafted a compromise, or accommodation, that attempted to create a buffer for religiously affiliated hospitals, universities and social service groups that oppose birth control. The law requires insurers or the health plan's outside administrator to pay for birth control coverage and creates a way to reimburse them.

But for that to work, the nuns would have to sign a form authorizing their insurance company to provide contraceptive coverage, which would still violate their beliefs, argued their attorney, Mark Rienzi.

"Without an emergency injunction, Mother Provincial Loraine Marie Maguire has to decide between two courses of action: (a) sign and submit a self-certification form, thereby violating her religious beliefs; or (b) refuse to sign the form and pay ruinous fines," Rienzi said.

The White House did not comment on the order Tuesday night. In a statement Tuesday night, Rienzi said he was delighted by Sotomayor's order. "The government has lots of ways to deliver contraceptives to people," he said. "It doesn't need to force nuns to participate."

Sotomayor's decision to delay the contraceptive portion of the law was joined by the U.S. Court of Appeals for the District of Columbia Circuit, which also issued an emergency stay for Catholic-affiliated groups challenging the contraceptive provision, including the Archdiocese of Washington, D.C., and Catholic University. But one judge on the three-judge panel that made the decision, Judge David S. Tatel, said he would have denied their motion.

"Because I believe that appellants are unlikely to prevail on their claim that the challenged provision imposes a 'substantial burden' under the Religious Freedom Restoration Act, I would deny their application for an injunction pending appeal," Tatel said.

The archdiocese praised the appeals court's action in a statement.

"This action by the U.S. Court of Appeals for the D.C. Circuit is in line with the rulings of courts all across the country which have held that the HHS mandate imposes a substantial and impermissible burden on the free exercise of religion," the archdiocese said. "These decisions also vindicate the pledge of the U.S. Catholic bishops to stand united in resolute defense of the first and most sacred freedom - religious liberty."

The Supreme Court already has decided to rule on whether businesses may use religious objections to escape a requirement to cover birth control for employees. That case, which involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees, is expected to be argued in March and decided by summer.

___

Follow Jesse J. Holland on Twitter at http://www.twitter.com/jessejholland.


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Lavish parties, uninhibited tourists rule in Vegas

LAS VEGAS — Las Vegas held one its biggest ever New Year's Eve celebrations, with sold-out concerts and an eight-minute long fireworks show that was billed as the largest in the country.

Big-ticket musical acts Bruno Mars, John Legend and Maroon 5 helped lure 335,000 visitors to Las Vegas by nightfall on Tuesday — 5,000 more than last year, tourism officials said.

Thousands celebrated late Tuesday and early Wednesday along the Las Vegas Strip and across town at the Fremont Street Experience, where Mayor Carolyn Goodman and her husband, former mayor Oscar Goodman, were on hand.

Party-goers cheered in anticipation at 10 minutes before midnight, and then again with five minutes to go, then watched as the fireworks were launched from the rooftops of seven hotel-casinos.

The holiday was seemingly custom-made to align with Sin City's boozy, bad-judgment ethos.

The Minus5 Ice Bar Mandalay Bay started handing out free champagne for hourly toasts at 11 a.m. Tourists were seen toting novelty drinks into casinos by noon.

For Lester Arnold, 50, the desert weather made Las Vegas the obvious place to ring in the New Year. Temperatures dropped from 60 to 40 degrees as the sun set.

"There are people outside here. It's minus twenty in Springfield and there's no party there," the Massachusetts native said, sipping from a red Solo cup full to the brim with champagne as nearly naked showgirls strutted past.

A Gene Simmons impersonator sat in a motorized scooter nearby, wagging his tongue at tourists in novelty hats.

Police shut down traffic on the Las Vegas Strip at 6 p.m. so revelers could spill into the 4-mile stretch of road normally packed with cars.

Randy and Patty Harkin, of Salt Lake City, were dressed in their finest. The couple had just eloped at the Stained Glass Chapel, on the anniversary of their first kiss.

"I called my mom and was like, 'We're married now, and happy New Year," Randy Harkin said.

Law enforcement officers were keeping a close eye on the festivities.

Hotels were dealing a full house, with occupancy approaching 100 percent and $200 rooms going for $600. New Year's Eve is typically the most profitable night of the year for casinos, and their executives worked to persuade visitors to make it a long weekend.

Many casinos offered up special "New Year's Eve Eve" events on Monday and advertised the two days before that as the biggest weekend of the year. DJs were counting down to 2014 as early as Sunday at the Mirage hotel-casino's 1OAK club.

Las Vegas was light this year on hosted nightclub bashes in which guests pay for proximity to a famous person. Original celebutante Paris Hilton was hosting one of the only such parties.

New Year's Eve crowds in the city have doubled since 1990 but still lag other parties in New York City's Times Square and Copacabana beach in Rio de Janeiro.

In seedier downtown Las Vegas at the Fremont Street Experience pedestrian mall, organizers held a block party that featured Blues Traveler and Papa Roach. Some revelers were disappointed to learn that they had to pay $40 to get in.

Grace Champion, 25, had come with her husband from Wasilla, Alaska. The couple bought their own yard-long plastic drink cups for 99 cents and was saving money by getting them refilled inside casinos.

Her hope for the New Year was that it would bring her a job. Her goal for the night: catch a glimpse of Papa Roach.

___

Hannah Dreier can be reached at http://twitter.com/hannahdreier.


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