USA Statutes : nevada
Title : Title 41 - GAMING; HORSE RACING; SPORTING EVENTS
Chapter : CHAPTER 462 - LOTTERIES
The Legislature hereby
finds, and declares to be the public policy of this state, that:
1. The operation of legitimate charitable lotteries by bona fide
charitable and nonprofit organizations is beneficial to the general
welfare of the residents of this state.
2. The benefits of charitable lotteries:
(a) Are dependent upon ensuring that those lotteries are operated
honestly and free from criminal and corruptive elements, and that the
proceeds of those lotteries are expended to benefit the activities of
charitable or nonprofit organizations.
(b) Can be ensured through the regulation of the type of
organizations authorized to operate those lotteries, the manner in which
those lotteries are conducted and the manner in which the proceeds of
those lotteries are expended.
(Added to NRS by 1991, 2257)
Nothing in this chapter affects the power of a local
government to require the licensing of or to impose additional
restrictions on the operation of a charitable lottery.
(Added to NRS by 1991, 2261)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 462.045
to 462.125 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1991, 2257)
“Board” means the State Gaming
Control Board.
(Added to NRS by 1991, 2257)
“Calendar quarter” means
a period of 3 consecutive months commencing on the 1st day of January,
April, July or October in any year.
(Added to NRS by 1991, 2257)
“Charitable lottery”
means a lottery operated by a bona fide charitable or nonprofit
organization pursuant to the provisions of this chapter.
(Added to NRS by 1991, 2258)
“Charitable or nonprofit activity” means an activity in support of the
arts, amateur athletics, peace officers or health or social services, or
conducted for any benevolent, civic, educational, eleemosynary,
fraternal, humanitarian, patriotic, political or religious purpose,
including the operation of a qualified organization.
(Added to NRS by 1991, 2258)
“Commission” means the Nevada
Gaming Commission.
(Added to NRS by 1991, 2258)
“Executive Director”
means the Chairman and Executive Director of the State Gaming Control
Board.
(Added to NRS by 1991, 2258)
1. Except as otherwise provided in subsection 2, “lottery” means
any scheme for the disposal or distribution of property, by chance, among
persons who have paid or promised to pay any valuable consideration for
the chance of obtaining that property, or a portion of it, or for any
share or interest in that property upon any agreement, understanding or
expectation that it is to be distributed or disposed of by lot or chance,
whether called a lottery, raffle or gift enterprise, or by whatever name
it may be known.
2. “Lottery” does not include a promotional scheme conducted by a
licensed gaming establishment in direct association with a licensed
gaming activity, contest or tournament.
3. For the purpose of this section, a person has not “paid or
promised to pay any valuable consideration” by virtue of his having:
(a) Engaged in or promised to engage in a transaction in which he
receives fair value for his payment;
(b) Accepted or promised to accept any products or services on a
trial basis; or
(c) Been or promised to have been present at a particular time and
place,
Ê as the sole basis for his having received a chance to obtain property
pursuant to an occasional and ancillary promotion conducted by an
organization whose primary purpose is not the operation of such a
promotion.
[1911 C&P § 229; RL § 6494; NCL § 10176]—(NRS A 1991, 925,
2261)—(Substituted in revision for NRS 462.010)
“Net proceeds” means the
total amount of money collected from the sale of tickets or chances for a
charitable lottery, less the total amount of money expended for prizes,
supplies, advertising, promotion, printing, administration and other
direct expenses necessary to operate a charitable lottery.
(Added to NRS by 1991, 2258)
“Qualified
organization” means a bona fide charitable, civic, educational,
fraternal, patriotic, political, religious or veterans’ organization that
is not operated for profit.
(Added to NRS by 1991, 2258)
CHARITABLE LOTTERIES
1. The Board and Commission shall administer the provisions of
this chapter for the protection of the public and in the public interest
in accordance with the policy of this state.
2. The Commission, upon the recommendation of the Board:
(a) May adopt such regulations as it deems desirable to enforce the
provisions of this chapter; and
(b) Shall adopt regulations providing a procedure to appeal the
denial of the approval of the Executive Director pursuant to NRS 462.150
,
Ê pursuant to the procedure set forth in NRS 463.145 .
(Added to NRS by 1991, 2258)
A
qualified organization may operate a charitable lottery if:
1. The organization is approved by the Executive Director and the
total value of all the prizes offered in charitable lotteries operated by
the organization during the same calendar year does not exceed $500,000;
2. The organization registers with the Executive Director and the
total value of all the prizes offered in charitable lotteries operated by
the organization during the same calendar year does not exceed $25,000; or
3. The total value of the prizes offered in the charitable lottery
does not exceed $2,500 and:
(a) The organization operates no more than two charitable lotteries
per calendar year; or
(b) The tickets or chances for the charitable lottery are sold only
to members of the organization, and to guests of those members while
attending a special event sponsored by the organization, and the total
value of all the prizes offered in charitable lotteries operated by the
organization during the same calendar year does not exceed $15,000.
(Added to NRS by 1991, 2258; A 1997, 294)
1. The Executive Director shall:
(a) Register a qualified organization that complies with the
requirements of NRS 462.160 .
(b) Approve a qualified organization if:
(1) The organization complies with the requirements of NRS
462.160 ; and
(2) The Executive Director determines that the approval of
the organization would not be contrary to the public interest.
(c) Provide a qualified organization, within 30 days after its
submission of an application pursuant to NRS 462.160 , with written notification of the basis for
any refusal by the Executive Director to register or approve the
qualified organization pursuant to this section.
2. The registration or approval of a qualified organization is a
revocable privilege. No person has any right to be registered or approved
by the Executive Director or acquires any vested right upon being
registered or approved by the Executive Director.
3. Unless earlier revoked, the registration or approval of a
qualified organization is valid for the calendar year and expires on
December 31.
(Added to NRS by 1991, 2258)
1. To register with or request the approval of the Executive
Director, a qualified organization must submit to him:
(a) A written application containing:
(1) The name, address and nature of the organization.
(2) Proof that the organization is a qualified organization.
(3) The names of the officers or principals of the
organization, and of any person responsible for the management,
administration or supervision of the organization’s charitable lotteries
and any activities related to those lotteries.
(4) A description of all the prizes to be offered in
charitable lotteries operated by the organization during the calendar
year to which the application pertains and, if the approval of the
Executive Director is required, a summary of the anticipated expenses of
conducting those lotteries, including copies of any proposed agreements
between the organization and any suppliers of material for the operation
of those lotteries.
(5) A description of the intended use of the net proceeds of
charitable lotteries operated by the organization during the calendar
year to which the application pertains.
(6) The designation of a primary county in which charitable
lotteries will be conducted by the organization during the calendar year
to which the application pertains.
(7) Any other information the Executive Director deems
appropriate.
(b) A nonrefundable fee of:
(1) For registration, $5; or
(2) For a request for approval, $25.
2. A qualified organization shall submit such additional
information as necessary to correct or complete any information submitted
pursuant to this section that becomes inaccurate or incomplete. The
approval of a qualified organization is suspended during the period that
any of the information is inaccurate or incomplete. The Executive
Director may reinstate the approval of the organization only after all
information has been corrected and completed.
3. The money collected pursuant to this section must be expended
to administer and enforce the provisions of this chapter.
(Added to NRS by 1991, 2259)
1. The Commission may, upon recommendation of the Board, require:
(a) A qualified organization that registers with or requests the
approval of the Executive Director to file an application pursuant to
chapter 463 of NRS for a finding of
suitability to operate a charitable lottery in this state.
(b) Any person who is employed by, a member of or otherwise
associated with such an organization to file an application pursuant to
chapter 463 of NRS for a finding of
suitability to be associated with the operation of a charitable lottery
in this state.
2. The Board may conduct an investigation of the qualified
organization or associated person and submit recommendations to the
Commission. The qualified organization or associated person must deposit
with the Board a sum of money which the Board determines will be adequate
to pay the anticipated costs of the investigation and shall upon the
completion of the investigation pay to the Board any additional money
necessary to reimburse the Board for the actual cost of the
investigation. The Board shall refund any overpayments.
3. The Commission may revoke the registration or approval of a
qualified organization if:
(a) An application for a finding of suitability is not submitted to
the Board, together with the deposit required by subsection 2, within 30
days after the qualified organization receives written notice that it is
required pursuant to paragraph (a) of subsection 1 to file an application
for a finding of suitability.
(b) The qualified organization is found unsuitable to operate a
charitable lottery in this state.
(c) An application for a finding of suitability is not submitted to
the Board, together with the deposit required by subsection 2, or the
association of the person with the organization is not terminated, within
30 days after the qualified organization receives written notice that an
associated person is required pursuant to paragraph (b) of subsection 1
to file an application for a finding of suitability.
(d) The associated person is found unsuitable to be associated with
the operation of a charitable lottery in this state and the qualified
organization does not terminate its association with that person within
30 days after receiving written notice of the finding of unsuitability.
(Added to NRS by 1991, 2260)
A qualified
organization shall not:
1. Sell any ticket or chance for a charitable lottery outside of:
(a) The primary county in which the charitable lottery is being
conducted; and
(b) Any counties that border on the primary county.
2. If the organization has been approved by the Executive
Director, conduct more than one charitable lottery in any calendar
quarter without the specific authorization of the Executive Director.
(Added to NRS by 1991, 2260)
A qualified
organization shall not:
1. Compensate any person for the provision of prizes and supplies
used in the operation of a charitable lottery, except to pay the fair
market value of the prizes and supplies necessary for the operation of
the charitable lottery.
2. Provide:
(a) Any compensation to a person who is not a regular employee of
the organization; and
(b) Any additional compensation to a person who is a regular
employee of the organization,
Ê for his services in organizing or operating a charitable lottery or
assisting in the organization or operation of a charitable lottery. This
subsection does not prohibit a qualified organization from compensating a
person for the fair market value of services that are ancillary to the
organization or operation of a charitable lottery.
(Added to NRS by 1991, 2260)
1. A qualified organization shall expend the net proceeds of a
charitable lottery only for the benefit of charitable or nonprofit
activities in this state.
2. A qualified organization approved by the Executive Director
shall, after the completion of a charitable lottery and no later than the
end of the same calendar year, submit to the Executive Director a
financial report on the charitable lottery. The financial report must
include a statement of:
(a) The expenses incurred in the operation of the charitable
lottery; and
(b) The amount and use of the net proceeds of the charitable
lottery.
(Added to NRS by 1991, 2261)
UNLAWFUL ACTS; PENALTIES
A person who
contrives, prepares, sets up, proposes or draws any lottery, except as
authorized pursuant to this chapter, is guilty of a misdemeanor.
[1911 C&P § 230: RL § 6495; NCL § 10177]—(NRS A 1991,
2261)—(Substituted in revision for NRS 462.020)
A person who sells, gives or in any manner whatever furnishes or
transfers to or for any other person any ticket, chance, share or
interest, or any paper, certificate or instrument purporting or
understood to be or to represent any ticket, chance, share or interest in
or depending upon the event of any lottery, except as authorized pursuant
to this chapter, is guilty of a misdemeanor.
[1911 C&P § 231; RL § 6496; NCL § 10178]—(NRS A 1991,
2262)—(Substituted in revision for NRS 462.030)
280 and 462.290
regarding regular reporting of information. The provisions of NRS
462.280 and 462.290 do not apply to the regular reporting of
information to the public by a newspaper, periodical or press
association, or a radio or television station.
(Added to NRS by 1991, 2261)
A
person who intentionally aids or assists, either by printing, writing,
advertising, publishing or otherwise, in setting up, managing or drawing
any lottery in violation of this chapter, or in selling or disposing of
any ticket, chance or share therein, is guilty of a misdemeanor.
[1911 C&P § 232; RL § 6497; NCL § 10179]—(NRS A 1991,
2262)—(Substituted in revision for NRS 462.040)
Every person who opens, sets up or keeps by himself or
by any other person any office or other place for the sale of or for
registering the number of any ticket in any lottery in violation of this
chapter, or who by printing, writing or other means intentionally
advertises or publishes the setting up, opening or using of any such
office, is guilty of a misdemeanor.
[1911 C&P § 233; RL § 6498; NCL § 10180]—(NRS A 1991,
2262)—(Substituted in revision for NRS 462.050)
Every person who insures or receives any consideration for insuring for
or against the drawing of any ticket in any lottery whatever, whether
drawn or to be drawn within this state or not, or who receives any
valuable consideration upon any agreement to repay any sum or deliver the
same, or any other property, if any lottery ticket or number of any
ticket in any lottery shall prove fortunate or unfortunate, or shall be
drawn or not be drawn at any particular time or in any particular order,
or who promises or agrees to pay any sum of money, or to deliver any
goods, things in action or property, or to forbear to do anything for the
benefit of any person, with or without consideration, upon any event or
contingency dependent upon the drawing of any ticket in any lottery, or
who publishes any notice or proposal of any of the purposes aforesaid, is
guilty of a misdemeanor.
[1911 C&P § 234; RL § 6499; NCL § 10181]—(Substituted in revision
for NRS 462.060)
Upon a trial for violation of any of the provisions of this chapter, it
is not necessary to prove the existence of any lottery in which any
lottery ticket purports to have been issued, nor to prove the actual
signing of any such ticket or share, or pretended ticket or share of any
pretended lottery, nor that any lottery ticket, share or interest was
signed or issued by the authority of any manager, or of any person
assuming to have authority as manager; but in all cases proof of the
sale, furnishing, bartering or procuring of any ticket, share or interest
therein, or of any instrument purporting to be a ticket, or part or share
of any such ticket, constitutes evidence that such share or interest was
signed and issued according to the purport thereof.
(Added to NRS by 1967, 1472; A 1991, 2262)—(Substituted in revision
for NRS 462.065)
A person who lets or permits
to be used any building or vessel, or any portion thereof, knowing that
it is to be used for setting up, managing or drawing any lottery in
violation of this chapter, or for the purpose of selling or disposing of
lottery tickets in violation of this chapter, is guilty of a misdemeanor.
[1911 C&P § 236; RL § 6501; NCL § 10183]—(NRS A 1991,
2262)—(Substituted in revision for NRS 462.070)
1. All money and property offered for sale or distribution in
violation of any of the provisions of this chapter are forfeited to the
State, and may be recovered by information filed or by an action brought
by the Attorney General or by any district attorney, in the name of the
State.
2. Upon the filing of the information or complaint, the clerk of
the court, or if the suit is in a Justice Court, the justice, must issue
an attachment against the property mentioned in the complaint or
information, which attachment has the same force and effect against such
property and is issued in the same manner as attachments from the
district courts in civil cases.
[1911 C&P § 235; RL § 6500; NCL § 10182]—(NRS A 1991,
2262)—(Substituted in revision for NRS 462.080)
