USA Statutes : nevada
Title : Title 41 - GAMING; HORSE RACING; SPORTING EVENTS
Chapter : CHAPTER 463 - LICENSING AND CONTROL OF GAMING
This chapter may be known and cited as
the Nevada Gaming Control Act.
[1:429:1955]—(NRS A 1959, 427)
1. The Legislature hereby finds, and declares to be the public
policy of this state, that:
(a) The gaming industry is vitally important to the economy of the
State and the general welfare of the inhabitants.
(b) The continued growth and success of gaming is dependent upon
public confidence and trust that licensed gaming and the manufacture,
sale and distribution of gaming devices and associated equipment are
conducted honestly and competitively, that establishments which hold
restricted and nonrestricted licenses where gaming is conducted and where
gambling devices are operated do not unduly impact the quality of life
enjoyed by residents of the surrounding neighborhoods, that the rights of
the creditors of licensees are protected and that gaming is free from
criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict
regulation of all persons, locations, practices, associations and
activities related to the operation of licensed gaming establishments,
the manufacture, sale or distribution of gaming devices and associated
equipment and the operation of inter-casino linked systems.
(d) All establishments where gaming is conducted and where gaming
devices are operated, and manufacturers, sellers and distributors of
certain gaming devices and equipment, and operators of inter-casino
linked systems must therefore be licensed, controlled and assisted to
protect the public health, safety, morals, good order and general welfare
of the inhabitants of the State, to foster the stability and success of
gaming and to preserve the competitive economy and policies of free
competition of the State of Nevada.
(e) To ensure that gaming is conducted honestly, competitively and
free of criminal and corruptive elements, all gaming establishments in
this state must remain open to the general public and the access of the
general public to gaming activities must not be restricted in any manner
except as provided by the Legislature.
2. No applicant for a license or other affirmative commission
approval has any right to a license or the granting of the approval
sought. Any license issued or other commission approval granted pursuant
to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder
acquires any vested right therein or thereunder.
3. This section does not:
(a) Abrogate or abridge any common-law right of a gaming
establishment to exclude any person from gaming activities or eject any
person from the premises of the establishment for any reason; or
(b) Prohibit a licensee from establishing minimum wagers for any
gambling game or slot machine.
[13:429:1955]—(NRS A 1959, 434; 1967, 1597; 1969, 633; 1977, 1428;
1979, 333; 1983, 1205; 1987, 1273; 1991, 968, 2144; 1997, 1709; 1999, 949
, 1412 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 463.0133
to 463.01967 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1967, 1038; A 1971, 765; 1975, 673; 1977, 1422;
1981, 677, 1073; 1983, 563, 1333; 1985, 2134; 1987, 1780; 1989, 1392;
1991, 798, 925, 1405, 1837, 2263, 2269; 1993, 829; 1995, 756, 1496; 1997,
1117, 3314, 3319, 3497; 2001, 897 , 3079 ; 2003, 1170 ; 2003, 20th Special Session, 3 ; 2005, 716 )
“Affiliate” means a person who,
directly or indirectly through one or more intermediaries, controls, is
controlled by or is under common control with, a specified person.
(Added to NRS by 1991, 1837)
“Applicant” means any person
who has applied for or is about to apply for a state gaming license,
manufacturer’s license, distributor’s license, registration or finding of
suitability under the provisions of this chapter, a finding of
suitability regarding the operation of a charitable lottery under the
provisions of chapter 462 of NRS, a
pari-mutuel wagering license under the provisions of chapter 464 of NRS, or approval of any act or transaction for
which commission approval is required or permitted under the provisions
of this chapter or chapter 464 of NRS.
(Added to NRS by 1967, 1038; A 1967, 1599; 1975, 673; 1991, 2263)
“Application” means a request
for the issuance of a state gaming license, manufacturer’s, seller’s or
distributor’s license, registration or finding of suitability under the
provisions of this chapter, for a finding of suitability regarding the
operation of a charitable lottery under the provisions of chapter 462
of NRS, for a pari-mutuel wagering license
under the provisions of chapter 464 of NRS,
or for approval of any act or transaction for which commission approval
is required or permitted under the provisions of this chapter or chapter
464 of NRS.
(Added to NRS by 1967, 1038; A 1967, 1599, 1975, 674; 1991, 2263)
“Associated
equipment” means:
1. Any equipment or mechanical, electromechanical or electronic
contrivance, component or machine used remotely or directly in connection
with gaming or mobile gaming, any game, race book or sports pool that
would not otherwise be classified as a gaming device, including dice,
playing cards, links which connect to progressive slot machines,
equipment which affects the proper reporting of gross revenue,
computerized systems of betting at a race book or sports pool,
computerized systems for monitoring slot machines and devices for
weighing or counting money; or
2. A computerized system for recordation of sales for use in an
area subject to the tax imposed pursuant to NRS 368A.200 .
(Added to NRS by 1985, 2133; A 1997, 3497; 2003, 20th Special
Session, 208 ; 2005, 716 )
“Banking game” means any
gambling game in which players compete against the licensed gaming
establishment rather than against one another.
(Added to NRS by 1997, 3497)
“Board” means the State Gaming
Control Board as established by this chapter.
(Added to NRS by 1967, 1038)—(Substituted in revision for NRS
463.0104)
“Capital lease” means a
bailment, lease or similar transaction in which:
1. The lease is in writing;
2. The writing includes the names and addresses of the lessor and
lessee, the term, amount of rental payments, a specific list of the
leased equipment and details of any rights which the lessee has to extend
the term or to acquire the leased equipment during the term or at the
expiration of the term including any renewals of the original term;
3. The lease serves as the functional equivalent of an extension
of credit by the lessor to the lessee;
4. The leased equipment was acquired by the lessor specifically
for a leasing transaction; and
5. The lessor is a national banking association that is authorized
to do business in this state, a banking corporation formed or regulated
under the laws of this state or a wholly owned subsidiary of such a
banking association or corporation that is formed or regulated under the
laws of this state.
(Added to NRS by 1977, 1422; A 1997, 62)
“Cashless
wagering system” means a method of wagering and accounting:
1. In which the validity and value of a wagering instrument or
wagering credits are determined, monitored and retained by a computer
operated and maintained by a licensee which maintains a record of each
transaction involving the wagering instrument or wagering credits,
exclusive of the game or gaming device on which wagers are being made.
The term includes computerized systems which facilitate electronic
transfers of money directly to or from a game or gaming device; or
2. Used in a race book or sports pool in which the validity and
value of a wagering instrument are determined, monitored and retained on
a computer that maintains a record of each transaction involving the
wagering instrument and is operated and maintained by a licensee.
(Added to NRS by 1993, 829; A 1995, 1496; 1997, 3497)
“Chairman” means the Chairman
and Executive Director of the State Gaming Control Board or the Chairman
of the Nevada Gaming Commission.
(Added to NRS by 1967, 1039; A 1971, 765)—(Substituted in revision
for NRS 463.0105)
“Charitable lottery”
has the meaning ascribed to it in NRS 462.064 .
(Added to NRS by 1991, 2263)
“City” includes an unincorporated
town.
(Added to NRS by 1967, 1039; A 1983, 140)
“Commission” means the Nevada
Gaming Commission.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS
463.0107)
“Commissioner” means a
member of the Nevada Gaming Commission.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS
463.0108)
“Contest” means a competition
among patrons for a prize, whether or not:
1. The prize is a specified amount of money; or
2. Consideration is required to be paid by the patrons to
participate in the competition.
(Added to NRS by 1991, 925)
“Credit card” means a card,
code or other device with which a person may defer payment of debt, incur
debt and defer its payment, or purchase property or services and defer
payment therefor, but does not include a card, code or other device used
to activate a preexisting agreement between a person and a financial
institution to extend credit when the person’s account at the financial
institution is overdrawn or to maintain a specified minimum balance in
the person’s account at the financial institution.
(Added to NRS by 1995, 1495)
“Credit instrument”
means a writing which evidences a gaming debt owed to a person who holds
a nonrestricted license at the time the debt is created, and includes any
writing taken in consolidation, redemption or payment of a previous
credit instrument.
(Added to NRS by 1991, 798)
“Debit instrument”
means a card, code or other device with which a person may initiate an
electronic transfer of money to a game or gaming device.
(Added to NRS by 1995, 1495)
“Disseminator” means any
person who furnishes an operator of a race book, sports pool or gambling
game who is licensed in this state with information relating to horse
racing or other racing which is used to determine winners of or payoffs
on wagers accepted by the operator. The term does not include a person
who provides a televised broadcast without charge to any person who
receives the broadcast.
(Added to NRS by 1987, 1779)
“Electronic
transfer of money” means any transfer of money, other than a transaction
initiated by a check, draft or other similar instrument, that is
initiated through an electronic terminal, telephone, computer or magnetic
tape for the purpose of ordering, instructing or authorizing a financial
institution or person holding an account on behalf of another to debit or
credit an account.
(Added to NRS by 1995, 1495)
“Establishment” means any
premises wherein or whereon any gaming is done.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS
463.0109)
“Executive Director”
means the Chairman and Executive Director of the State Gaming Control
Board.
(Added to NRS by 1971, 764)—(Substituted in revision for NRS
463.01092)
“Game” or
“gambling game” means any game played with cards, dice, equipment or any
mechanical, electromechanical or electronic device or machine for money,
property, checks, credit or any representative of value, including,
without limiting the generality of the foregoing, faro, monte, roulette,
keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun,
klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu),
wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker,
panguingui, slot machine, any banking or percentage game or any other
game or device approved by the Commission, but does not include games
played with cards in private homes or residences in which no person makes
money for operating the game, except as a player, or games operated by
charitable or educational organizations which are approved by the Board
pursuant to the provisions of NRS 463.409 .
(Added to NRS by 1967, 1039; A 1969, 462; 1979, 772; 1981, 1073;
1985, 2134)
“Gaming” or
“gambling” means to deal, operate, carry on, conduct, maintain or expose
for play any game as defined in NRS 463.0152 , or to operate an inter-casino linked system.
(Added to NRS by 1967, 1039; A 1995, 756)
“Gaming device” means any
equipment or mechanical, electromechanical or electronic contrivance,
component or machine used remotely or directly in connection with gaming
or any game which affects the result of a wager by determining win or
loss. The term includes:
1. A slot machine.
2. A collection of two or more of the following components:
(a) An assembled electronic circuit which cannot be reasonably
demonstrated to have any use other than in a slot machine;
(b) A cabinet with electrical wiring and provisions for mounting a
coin, token or currency acceptor and provisions for mounting a dispenser
of coins, tokens or anything of value;
(c) A storage medium containing the source language or executable
code of a computer program that cannot be reasonably demonstrated to have
any use other than in a slot machine;
(d) An assembled video display unit;
(e) An assembled mechanical or electromechanical display unit
intended for use in gambling; or
(f) An assembled mechanical or electromechanical unit which cannot
be demonstrated to have any use other than in a slot machine.
3. Any mechanical, electrical or other device which may be
connected to or used with a slot machine to alter the normal criteria of
random selection or affect the outcome of a game.
4. A system for the accounting or management of any game in which
the result of the wager is determined electronically by using any
combination of hardware or software for computers.
5. Any combination of one of the components set forth in
paragraphs (a) to (f), inclusive, of subsection 2 and any other component
which the Commission determines by regulation to be a machine used
directly or remotely in connection with gaming or any game which affects
the results of a wager by determining a win or loss.
(Added to NRS by 1967, 1039; A 1981, 1074; 1985, 2135; 1993, 307)
1. “Gaming employee” means any person connected directly with an
operator of a slot route, the operator of a pari-mutuel system, the
operator of an inter-casino linked system or a manufacturer, distributor
or disseminator, or with the operation of a gaming establishment licensed
to conduct any game, 16 or more slot machines, a race book, sports pool
or pari-mutuel wagering, including:
(a) Accounting or internal auditing personnel who are directly
involved in any recordkeeping or the examination of records associated
with revenue from gaming;
(b) Boxmen;
(c) Cashiers;
(d) Change personnel;
(e) Counting room personnel;
(f) Dealers;
(g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track
pari-mutuel system;
(h) Employees of a person required by NRS 463.430 to be licensed to disseminate information
concerning racing;
(i) Employees of manufacturers or distributors of gaming equipment
within this State whose duties are directly involved with the
manufacture, repair or distribution of gaming devices, cashless wagering
systems, mobile gaming systems, equipment associated with mobile gaming
systems, interactive gaming systems or equipment associated with
interactive gaming;
(j) Employees of operators of slot routes who have keys for slot
machines or who accept and transport revenue from the slot drop;
(k) Employees of operators of inter-casino linked systems, mobile
gaming systems or interactive gaming systems whose duties include the
operational or supervisory control of the systems or the games that are
part of the systems;
(l) Floormen;
(m) Hosts or other persons empowered to extend credit or
complimentary services;
(n) Keno runners;
(o) Keno writers;
(p) Machine mechanics;
(q) Odds makers and line setters;
(r) Security personnel;
(s) Shift or pit bosses;
(t) Shills;
(u) Supervisors or managers;
(v) Ticket writers; and
(w) Employees of a person required by NRS 463.160 to be licensed to operate an information
service.
2. “Gaming employee” does not include bartenders, cocktail
waitresses or other persons engaged exclusively in preparing or serving
food or beverages.
(Added to NRS by 1981, 1067; A 1985, 2135; 1987, 413; 1989, 666;
1991, 1837; 1993, 308; 1995, 756; 1997, 1117, 3498; 2001, 3079 ; 2005, 716 )
“Gaming
enterprise district” means an area that has been approved by a county,
city or town as suitable for operating an establishment that has been
issued a nonrestricted license.
(Added to NRS by 1989, 1391)
“Gaming license” means any
license issued by the State or any political subdivision thereof pursuant
to this chapter or chapter 464 of NRS which
authorizes the person named therein to engage in gaming or pari-mutuel
wagering.
(Added to NRS by 1967, 1599)—(Substituted in revision for NRS
463.0113)
“Gaming salon” means an
enclosed gaming facility which is located anywhere on the property of a
resort hotel that holds a nonrestricted license, admission to which
facility is based upon the financial criteria of a patron as established
by the licensee and approved by the Board.
(Added to NRS by 2003, 1169 )
1. “Gross revenue” means the total of all:
(a) Cash received as winnings;
(b) Cash received in payment for credit extended by a licensee to a
patron for purposes of gaming; and
(c) Compensation received for conducting any game in which the
licensee is not party to a wager,
Ê less the total of all cash paid out as losses to patrons, those amounts
paid to fund periodic payments and any other items made deductible as
losses by NRS 463.3715 . For the
purposes of this section, cash or the value of noncash prizes awarded to
patrons in a contest or tournament are not losses, except that losses in
a contest or tournament conducted in conjunction with an inter-casino
linked system may be deducted to the extent of the compensation received
for the right to participate in that contest or tournament.
2. The term does not include:
(a) Counterfeit facsimiles of money, chips, tokens, wagering
instruments or wagering credits;
(b) Coins of other countries which are received in gaming devices;
(c) Any portion of the face value of any chip, token or other
representative of value won by a licensee from a patron for which the
licensee can demonstrate that it or its affiliate has not received cash;
(d) Cash taken in fraudulent acts perpetrated against a licensee
for which the licensee is not reimbursed;
(e) Cash received as entry fees for contests or tournaments in
which patrons compete for prizes, except for a contest or tournament
conducted in conjunction with an inter-casino linked system;
(f ) Uncollected baccarat commissions; or
(g) Cash provided by the licensee to a patron and subsequently won
by the licensee, for which the licensee can demonstrate that it or its
affiliate has not been reimbursed.
3. As used in this section, “baccarat commission” means:
(a) A fee assessed by a licensee on cash paid out as a loss to a
patron at baccarat to modify the odds of the game; or
(b) A rate or fee charged by a licensee for the right to
participate in a baccarat game.
(Added to NRS by 1967, 1039; A 1981, 1543; 1985, 803, 2146; 1987,
90, 1274; 1993, 288; 1995, 465, 757, 1496; 1997, 3499)
“Hearing examiner” means
a member of the State Gaming Control Board or Nevada Gaming Commission or
other person authorized by the State Gaming Control Board or Nevada
Gaming Commission to conduct investigative hearings.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS
463.0115)
1. “Independent agent” means any person who:
(a) Approves or grants the extension of gaming credit on behalf of
a state gaming licensee or collects a debt evidenced by a credit
instrument; or
(b) Contracts with a state gaming licensee or its affiliate to
provide services outside of Nevada consisting of arranging complimentary
transportation, food, lodging or other services, or any combination
thereof, whose combined retail price per person exceeds $1,000 in any
7-day period for guests at a licensed gaming establishment.
2. The term does not include:
(a) A state gaming licensee;
(b) A bonded collection agency licensed by the local government
authorities in the jurisdiction where the agency has its principal place
of business;
(c) A licensed attorney;
(d) A supplier of transportation;
(e) A travel agency which receives compensation solely on the price
of the transportation or lodging arranged for by the agency;
(f) An employee of a state gaming licensee or its affiliate; or
(g) A person who receives compensation for his services, other than
cash, in an amount of not more than $1,000.
(Added to NRS by 1991, 798; A 1993, 308)
“Information
service” means a person who sells and provides information to a licensed
sports pool that is used primarily to aid the placing of wagers on events
of any kind. The term includes, without limitation, a person who sells
and provides any:
1. Line, point spread or odds;
2. Information, advice or consultation considered by a licensee in
establishing or setting any line, point spread or odds; or
3. Advice, estimate or prediction regarding the outcome of an
event.
Ê The term does not include a newspaper or magazine of general
circulation or a television or radio service or broadcast if the primary
purpose of the newspaper, magazine or television or radio service or
broadcast is other than to aid the placing of wagers on events of any
kind.
(Added to NRS by 1997, 1116)
1. “Interactive gaming” means the conduct of gambling games
through the use of communications technology that allows a person,
utilizing money, checks, electronic checks, electronic transfers of
money, credit cards, debit cards or any other instrumentality, to
transmit to a computer information to assist in the placing of a bet or
wager and corresponding information related to the display of the game,
game outcomes or other similar information. The term does not include the
operation of a race book or sports pool that uses communications
technology approved by the Board pursuant to regulations adopted by the
Commission to accept wagers originating within this state for races or
sporting events.
2. As used in this section, “communications technology” means any
method used and the components employed by an establishment to facilitate
the transmission of information, including, without limitation,
transmission and reception by systems based on wire, cable, radio,
microwave, light, optics or computer data networks, including, without
limitation, the Internet and intranets.
(Added to NRS by 2001, 3075 )
“Inter-casino
linked system” means a network of electronically interfaced similar games
which are located at two or more licensed gaming establishments that are
linked to conduct gaming activities, contests or tournaments.
(Added to NRS by 1995, 756)
“License” means a gaming license,
a manufacturer’s or distributor’s license, a license issued to a
disseminator of information concerning racing or a license issued to an
operator of an off-track pari-mutuel system.
(Added to NRS by 1967, 1599; A 1991, 1838; 1993, 309)
“License fees” means any
money required by law to be paid to obtain or renew a gaming license,
manufacturer’s or distributor’s license or license issued to an operator
of an off-track pari-mutuel system. The term also includes the fees paid
by a disseminator of information concerning racing.
(Added to NRS by 1967, 1039; A 1967, 1599; 1993, 309)
“Licensed
gaming establishment” means any premises licensed pursuant to the
provisions of this chapter wherein or whereon gaming is done.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS
463.0118)
“Licensee” means any person to
whom a valid gaming license, manufacturer’s or distributor’s license,
license for the operation of an off-track pari-mutuel system or license
for dissemination of information concerning racing has been issued.
(Added to NRS by 1967, 1039; A 1967, 1599; 1993, 309)
“Manufacturer” means a
person who:
1. Manufactures, assembles, programs or makes modifications to a
gaming device, cashless wagering system, mobile gaming system or
interactive gaming system; or
2. Designs, assumes responsibility for the design of, controls the
design or assembly of, or maintains a copyright over the design of, a
mechanism, electronic circuit or computer program which cannot be
reasonably demonstrated to have any application other than in a gaming
device, cashless wagering system, mobile gaming system or interactive
gaming system for use or play in this State or for distribution outside
of this State.
(Added to NRS by 1993, 829; A 2001, 3080 ; 2005, 717 )
“Manufacturer’s, seller’s or distributor’s license” means a
license issued pursuant to NRS 463.650
and 463.660 .
(Added to NRS by 1967, 1600)—(Substituted in revision for NRS
463.0120)
“Member” or “Board member” or “Commission member” means a
member of the State Gaming Control Board or a member of the Nevada Gaming
Commission.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS
463.0121)
“Mobile gaming” means the
conduct of gambling games through communications devices operated solely
in public areas of an establishment which holds a nonrestricted gaming
license and which operates at least 100 slot machines and at least one
other game by the use of communications technology that allows a person
to transmit information to a computer to assist in the placing of a bet
or wager and corresponding information related to the display of the
game, game outcomes or other similar information. For the purposes of
this section:
1. “Communications technology” means any method used and the
components employed by an establishment to facilitate the transmission of
information, including, without limitation, transmission and reception by
systems based on wireless network, wireless fidelity, wire, cable, radio,
microwave, light, optics or computer data networks. The term does not
include the Internet.
2. “Public areas” does not include rooms available for sleeping or
living accommodations.
(Added to NRS by 2005, 715 )
“Nonrestricted license” or “nonrestricted operation” means:
1. A state gaming license for, or an operation consisting of, 16
or more slot machines;
2. A license for, or operation of, any number of slot machines
together with any other game, gaming device, race book or sports pool at
one establishment;
3. A license for, or the operation of, a slot machine route;
4. A license for, or the operation of, an inter-casino linked
system; or
5. A license for, or the operation of, a mobile gaming system.
(Added to NRS by 1981, 1068; A 1997, 3499; 2005, 717 )
“Operation” means the conduct
of gaming.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS
463.0122)
“Operator
of a slot machine route” means a person who, under any agreement whereby
consideration is paid or payable for the right to place slot machines,
engages in the business of placing and operating slot machines upon the
business premises of others at three or more locations.
(Added to NRS by 1983, 1332; A 1985, 2262)
“Operator of an inter-casino linked system” means a person who, under
any agreement whereby consideration is paid or payable for the right to
place an inter-casino linked system, engages in the business of placing
and operating an inter-casino linked system upon the premises of two or
more licensed gaming establishments, and who is authorized to share in
the revenue from the linked games without having been individually
licensed to conduct gaming at the establishment.
(Added to NRS by 1995, 756)
“Party” means the State Gaming
Control Board and any licensee or other person appearing of record in any
proceeding before the Commission; or the Nevada Gaming Commission and any
licensee or other person appearing of record in any proceeding for
judicial review of any action, decision or order of the Commission.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS
463.0123)
“Periodic payments”
means a series of payments that are disbursed at least annually to remit
payouts on winning wagers to a patron.
(Added to NRS by 1995, 756)
“Quarter”
or “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 1967, 1040)—(Substituted in revision for NRS
463.0125)
“Race book” means the business
of accepting wagers upon the outcome of any event held at a track which
uses the pari-mutuel system of wagering.
(Added to NRS by 1985, 2133)
“Registered as a gaming employee” means authorized to be employed as a
gaming employee in this state or to serve as an independent agent.
(Added to NRS by 2003, 20th Special Session, 2 )
“Regulation” means a rule,
standard, directive or statement of general applicability which
effectuates law or policy, or describes the procedure or requirements for
practicing before the Board or Commission. The term includes a proposed
regulation and the amendment or repeal of a prior regulation, but does
not include:
1. A statement concerning only the internal management of the
Board or Commission and not affecting the rights or procedures available
to any licensee or other person;
2. A declaratory ruling;
3. An interagency memorandum or a memorandum between the Board and
the Commission;
4. The Board’s or the Commission’s decision in a contested case or
relating to an application for a license; or
5. Any notice concerning the fees to be charged which are
necessary for the administration of this chapter.
(Added to NRS by 1983, 562)
“Representative
of value” means any instrumentality used by a patron in a game whether or
not the instrumentality may be redeemed for cash.
(Added to NRS by 1997, 3497)
“Resort hotel” means any
building or group of buildings that is maintained as and held out to the
public to be a hotel where sleeping accommodations are furnished to the
transient public and that has:
1. More than 200 rooms available for sleeping accommodations;
2. At least one bar with permanent seating capacity for more than
30 patrons that serves alcoholic beverages sold by the drink for
consumption on the premises;
3. At least one restaurant with permanent seating capacity for
more than 60 patrons that is open to the public 24 hours each day and 7
days each week; and
4. A gaming area within the building or group of buildings.
(Added to NRS by 1991, 1405)
“Respondent” means any
licensee or other person against whom the Board has filed a complaint
with the Commission.
(Added to NRS by 1967, 1040)—(Substituted in revision for NRS
463.0126)
“Restricted license” or “restricted operation” means a state
gaming license for, or an operation consisting of, not more than 15 slot
machines and no other game or gaming device at an establishment in which
the operation of slot machines is incidental to the primary business of
the establishment.
(Added to NRS by 1981, 1068; A 1989, 1096)
“Slot machine” means any
mechanical, electrical or other device, contrivance or machine which,
upon insertion of a coin, token or similar object, or upon payment of any
consideration, is available to play or operate, the play or operation of
which, whether by reason of the skill of the operator in playing a
gambling game which is presented for play by the machine or application
of the element of chance, or both, may deliver or entitle the person
playing or operating the machine to receive cash, premiums, merchandise,
tokens or any thing of value, whether the payoff is made automatically
from the machine or in any other manner.
(Added to NRS by 1967, 1040; A 1985, 2135)
“Sports pool” means the
business of accepting wagers on sporting events by any system or method
of wagering.
(Added to NRS by 1975, 673; A 1997, 3500)
“Temporarily registered as a gaming employee” means authorized
to be employed as a gaming employee in this state or serve as an
independent agent from the date of submitting a complete application for
registration or renewal of registration for a period not to exceed 120
days following receipt of the complete application by the Board,
including classifiable fingerprints, unless otherwise suspended.
(Added to NRS by 2003, 20th Special Session, 2 )
“Tournament” means a series of
contests.
(Added to NRS by 1991, 925)
“Wager” means a sum of money or
representative of value that is risked on an occurrence for which the
outcome is uncertain.
(Added to NRS by 1997, 3497)
“Wagering credit” means
a representative of value, other than a chip, token or wagering
instrument, that is used for wagering at a game or gaming device and is
obtained by the payment of cash or a cash equivalent, the use of a
wagering instrument or the electronic transfer of money.
(Added to NRS by 1995, 1495)
“Wagering
instrument” means a representative of value, other than a chip or token,
that is issued by a licensee and approved by the Board for use in a
cashless wagering system.
(Added to NRS by 1995, 1496)
The Attorney General and his deputies are the legal advisers
for the Commission and the Board and shall represent the Commission and
the Board in any proceeding to which either is a party.
[9:429:1955]—(NRS A 1959, 432; 1967, 1500; 1971, 1439; 1977, 1428;
1979, 649; 1981, 1281)—(Substituted in revision for NRS 463.090)
GAMING POLICY COMMITTEE
1. The Gaming Policy Committee, consisting of the Governor as
Chairman and 10 members, is hereby created.
2. The Committee must be composed of:
(a) One member of the Commission, designated by the Chairman of the
Commission;
(b) One member of the Board, designated by the Chairman of the
Board;
(c) One member of the Senate appointed by the Legislative
Commission;
(d) One member of the Assembly appointed by the Legislative
Commission;
(e) One enrolled member of a Nevada Indian tribe appointed by the
Inter-Tribal Council of Nevada, Inc.; and
(f) Five members appointed by the Governor for terms of 2 years as
follows:
(1) Two representatives of the general public;
(2) Two representatives of nonrestricted gaming licensees;
and
(3) One representative of restricted gaming licensees.
3. Members who are appointed by the Governor serve at the pleasure
of the Governor.
4. Members who are Legislators serve terms beginning when the
Legislature convenes and continuing until the next regular session of the
Legislature is convened.
5. Except as otherwise provided in subsection 6, the Governor may
call meetings of the Gaming Policy Committee for the exclusive purpose of
discussing matters of gaming policy. The recommendations concerning
gaming policy made by the Committee pursuant to this subsection are
advisory and not binding on the Board or the Commission in the
performance of their duties and functions.
6. An appeal filed pursuant to NRS 463.3088 may be considered only by a Review Panel of
the Committee. The Review Panel must consist of the members of the
Committee who are identified in paragraphs (a), (b) and (e) of subsection
2 and subparagraph (1) of paragraph (f) of subsection 2.
(Added to NRS by 1961, 360; A 1971, 765; 1977, 1421; 1993, 1164;
1997, 1710)
NEVADA GAMING COMMISSION
The Nevada Gaming
Commission, consisting of five members, is hereby created.
(Added to NRS by 1959, 429)
1. Each member of the Commission shall be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
2. No member of the Legislature, no person holding any elective
office in the State Government, nor any officer or official of any
political party shall be eligible to appointment to the Commission.
3. It is the intention of the Legislature that the Commission
shall be composed of the most qualified persons available, preferably no
two of whom shall be of the same profession or major field of industry;
but no person actively engaged or having a direct pecuniary interest in
gaming activities shall be a member of the Commission.
4. Not more than three members of the Commission shall be of the
same major political affiliation.
(Added to NRS by 1959, 429; A 1961, 359)
1. The Governor shall appoint members of the Commission and
designate the member to serve as Chairman of the Commission.
2. After the initial terms, the term of office for each member of
the Commission is 4 years.
3. Any commissioner may be removed by the Governor:
(a) If, in his opinion, that commissioner is guilty of malfeasance
in office or neglect of duty.
(b) At any time without stated cause with the concurrence of a
majority of the Legislative Commission.
(Added to NRS by 1959, 429; A 1961, 359; 1981, 66)
1. The Commission members shall devote such time to the business
of the Commission as may be necessary to the discharge of their duties.
2. No member shall be:
(a) A member of any political convention; or
(b) A member of any committee of any political party.
3. Before entering upon the duties of his office, each member
shall subscribe to the constitutional oath of office and, in addition,
swear that he is not actively engaged in nor does he hold a direct
pecuniary interest in gaming activities.
(Added to NRS by 1959, 430)
The Chairman of the Commission is
entitled to an annual salary of $55,000. Each of the other members is
entitled to an annual salary of $40,000.
(Added to NRS by 1959, 430; A 1969, 648; 1981, 1107; 1985, 1879;
1991, 1921; 1995, 1497)
1. The Board shall furnish to the Commission such administrative
and clerical services and such furnishings, equipment, supplies,
stationery, books, motor vehicles and all other things as the Commission
may deem necessary or desirable in carrying out its functions.
2. Except as otherwise provided in this chapter, all costs of
administration incurred by the Board on behalf of the Commission shall be
paid out on claims from the General Fund in the State Treasury in the
same manner as other claims against the State are paid.
(Added to NRS by 1959, 430; A 1961, 662; 1963, 642; 1965, 705,
1032; 1967, 1499; 1971, 766)
1. The Commission shall keep its main office at Carson City,
Nevada, in conjunction with the Board in rooms provided by the Buildings
and Grounds Division of the Department of Administration.
2. The Commission may, in its discretion, maintain a branch office
in Las Vegas, Nevada, or at any other place in this state, in space to be
provided by the Buildings and Grounds Division.
(Added to NRS by 1959, 430; A 1961, 662; 1963, 1070; 1973, 1475;
1993, 1636)
1. Regular and special meetings of the Commission may be held, at
the discretion of the Commission, at such times and places as it may deem
convenient, but at least one regular meeting may be held each month on or
after the 15th day of the month.
2. A majority of the members is a quorum of the Commission.
(Added to NRS by 1959, 430; A 1983, 1444)
STATE GAMING CONTROL BOARD
The State Gaming Control
Board, consisting of three members, is hereby created.
[3:429:1955]
1. Each member of the Board shall:
(a) Be a citizen of the United States.
(b) Be, or within 6 months after appointment become and remain, a
resident of the State of Nevada.
2. No member of the Legislature, no person holding any elective
office in the State Government, nor any officer or official of any
political party is eligible for appointment to the Board.
3. It is the intention of the Legislature that the Board be
composed of the most qualified persons available.
4. The Chairman of the Board, who is its Executive Director, must
have at least 5 years of responsible administrative experience in public
or business administration or possess broad management skills.
5. One member of the Board must be a certified public accountant
licensed by this state or another state of the United States or a public
accountant qualified to practice public accounting under the provisions
of chapter 628 of NRS, have 5 years of
progressively responsible experience in general accounting, and have a
comprehensive knowledge of the principles and practices of corporate
finance; or such person must possess the qualifications of an expert in
the fields of corporate finance and auditing, general finance, gaming or
economics.
6. One member of the Board must be selected with special reference
to his training and experience in the fields of investigation, law
enforcement, law or gaming.
[4:429:1955]—(NRS A 1959, 431; 1971, 766; 1981, 677)
1. After the initial terms, the term of office of each member of
the Board is 4 years.
2. The Governor shall appoint the members of the Board and
designate one member to serve as Chairman and Executive Director, who
shall coordinate the activities of the Board.
3. The Governor may remove any member for misfeasance, malfeasance
or nonfeasance in office. Removal may be made after:
(a) The member has been served with a copy of the charges against
him; and
(b) A public hearing before the Governor is held upon the charges,
if requested by the member charged.
Ê The request for a public hearing must be made within 10 days after
service upon such member of the charges. If a hearing is not requested, a
member is removed effective 10 days after service of charges upon him. A
record of the proceedings at the public hearing must be filed with the
Secretary of State.
[5:429:1955]—(NRS A 1959, 431; 1961, 360; 1971, 767; 1973, 1266;
1981, 66)
1. Except as otherwise provided in NRS 284.143 , each member shall devote his entire time and
attention to the business of the Board and shall not pursue any other
business or occupation or hold any other office of profit.
2. A member shall not be:
(a) A member of any political convention.
(b) A member of any committee of any political party, or engage in
any party activities.
3. A member shall not be pecuniarily interested in any business or
organization holding a gaming license under this chapter or doing
business with any person or organization licensed under this chapter.
4. Before entering upon the duties of his office, each member
shall subscribe to the constitutional oath of office and, in addition,
swear that he is not pecuniarily interested in any business or
organization holding a gaming license or doing business with any such
person or organization. The oath of office shall be filed in the Office
of the Secretary of State.
[6:429:1955]—(NRS A 1959, 431; 1975, 934; 1977, 1114; 1997, 619)
The Board members are each
entitled to receive an annual salary in the amount specified by the
Legislature.
[7:429:1955]—(NRS A 1959, 432; 1965, 705; 1967, 1499; 1971, 767;
1987, 1309)
1. The Board, with the approval of the Commission, may:
(a) Establish, and from time to time alter, such a plan of
organization as it may deem expedient.
(b) Acquire such furnishings, equipment, supplies, stationery,
books, motor vehicles and other things as it may deem necessary or
desirable in carrying out its functions.
(c) Incur such other expenses, within the limit of money available
to it, as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of
administration incurred by the Board must be paid out on claims from the
State General Fund in the same manner as other claims against the State
are paid.
3. The Board shall, within the limits of legislative
appropriations or authorizations, employ and fix the salaries of or
contract for the services of such professional, technical and operational
personnel and consultants as the execution of its duties and the
operation of the Board and Commission may require.
4. The members of the Board and all the personnel of the Board,
except clerical employees and employees described in NRS 284.148 , are exempt from the provisions of chapter 284
of NRS. They are entitled to such leaves of
absence as the Board prescribes, but such leaves must not be of lesser
duration than those provided for other state employees pursuant to
chapter 284 of NRS. Employees described in
NRS 284.148 are subject to the
limitations specified in that section.
5. Clerical employees of the Board are in the classified service
but are exempt from the provisions of chapter 284 of NRS for purposes of removal. They are entitled to
receive an annual salary which must be fixed in accordance with the pay
plan adopted under the provisions of that chapter.
6. The Board and the Commission shall, by suitable regulations,
establish a comprehensive plan governing employment, job classifications
and performance standards, and retention or discharge of employees to
assure that termination or other adverse action is not taken against such
employees except for cause. The regulations must include provisions for
hearings in personnel matters and for review of adverse actions taken in
those matters.
[8:429:1955]—(NRS A 1959, 432; 1965, 1032; 1967, 1028, 1499; 1971,
767; 1981, 1074; 1993, 2092)
1. The position of Executive Secretary of the State Gaming Control
Board and of the Nevada Gaming Commission is hereby created.
2. The Executive Secretary:
(a) Is appointed by the Board with the approval of the Commission,
and may be removed by the Board with the concurrence of the Commission.
(b) Is responsible for the conduct of the Commission’s
administrative matters and shall assist the Board in administrative
matters.
(c) Shall, except as otherwise provided in NRS 284.143 , devote his entire time and attention to the
business of his office and shall not pursue any other business or
occupation or hold any other office of profit.
3. The Executive Secretary is entitled to an annual salary in the
amount specified by the Commission within the limits of legislative
appropriations or authorizations.
(Added to NRS by 1971, 765; A 1971, 1438; 1979, 773; 1997, 619)
The Board may employ the
services of such persons as it considers necessary for the purposes of
consultation or investigation.
(Added to NRS by 1971, 672; A 1981, 1074)
1. The Board shall keep its main office at Carson City, Nevada, in
conjunction with the Commission in rooms provided by the Buildings and
Grounds Division of the Department of Administration.
2. The Board may, in its discretion, maintain a branch office in
Las Vegas, Nevada, or at any other place in this state, in space to be
provided by the Buildings and Grounds Division.
[10:429:1955]—(NRS A 1959, 432; 1961, 662; 1963, 1070; 1973, 1475;
1993, 1636)
1. The Board may hold regular and special meetings at such times
and places as it may deem convenient, and it may hold at least one
regular meeting each month.
2. All meetings of the Board are open to the public except for
investigative hearings which may be conducted in private at the
discretion of the Board or hearing examiner.
3. A majority of the members constitutes a quorum of the Board,
and a majority of members present at any meeting determines the action of
the Board.
4. Investigative hearings may be conducted by one or more members
with the concurrence of a majority of the Board, or by a hearing examiner
appointed by the Board, without notice, at such times and places, within
or without the State of Nevada, as may be convenient.
[11:429:1955]—(NRS A 1959, 433; 1973, 1267; 1977, 1428; 1979, 773;
1983, 1444)
POWERS AND DUTIES OF BOARD AND COMMISSION
1. The Board and the Commission shall cause to be made and kept a
record of all proceedings at regular and special meetings of the Board
and the Commission. These records are open to public inspection.
2. The Board shall maintain a file of all applications for
licenses under this chapter and chapter 466
of NRS, together with a record of all action taken with respect to those
applications. The file and record are open to public inspection.
3. The Board and the Commission may maintain such other files and
records as they may deem desirable.
4. Except as otherwise provided in this subsection and subsection
5, all information and data:
(a) Required by the Board or Commission to be furnished to it under
this chapter or which may be otherwise obtained relative to the finances,
earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicant’s criminal record, antecedents and
background which have been furnished to or obtained by the Board or
Commission from any source;
(c) Provided to the members, agents or employees of the Board or
Commission by a governmental agency or an informer or on the assurance
that the information will be held in confidence and treated as
confidential;
(d) Obtained by the Board from a manufacturer, distributor or
operator, or from an operator of an inter-casino linked system, relating
to the manufacturing of gaming devices or the operation of an
inter-casino linked system; or
(e) Prepared or obtained by an agent or employee of the Board or
Commission relating to an application for a license, a finding of
suitability or any approval that is required pursuant to the provisions
of this chapter,
Ê are confidential and may be revealed in whole or in part only in the
course of the necessary administration of this chapter or upon the lawful
order of a court of competent jurisdiction. The Board and Commission may
reveal such information and data to an authorized agent of any agency of
the United States Government, any state or any political subdivision of a
state or the government of any foreign country. Notwithstanding any other
provision of state law, such information may not be otherwise revealed
without specific authorization by the Board or Commission.
5. Before the beginning of each legislative session, the Board
shall submit to the Legislative Commission for its review and for the use
of the Legislature a report on the gross revenue, net revenue and average
depreciation of all licensees, categorized by class of licensee and
geographical area and the assessed valuation of the property of all
licensees, by category, as listed on the assessment rolls.
6. Notice of the content of any information or data furnished or
released pursuant to subsection 4 may be given to any applicant or
licensee in a manner prescribed by regulations adopted by the Commission.
7. The files, records and reports of the Board are open at all
times to inspection by the Commission and its authorized agents.
8. All files, records, reports and other information pertaining to
gaming matters in the possession of the Nevada Tax Commission must be
made available to the Board and the Nevada Gaming Commission as is
necessary to the administration of this chapter.
9. The Nevada Gaming Commission, by the affirmative vote of a
majority of its members, may remove from its records the name of a debtor
and the amount of tax, penalty and interest, or any of them, owed by him,
if after 5 years it remains impossible or impracticable to collect such
amounts. The Commission shall establish a master file containing the
information removed from its official records by this section.
[12:429:1955]—(NRS A 1959, 433; 1971, 672; 1979, 773; 1981, 1075;
1985, 1553, 1862; 1993, 309, 2118, 2128; 1995, 201, 1497, 1503; 1997,
3314; 1999, 950 )
1. The Commission may, for the purpose of obtaining an exemption
from the requirements of the Department of Treasury on reporting and
keeping of records by casinos, require nonrestricted licensees with an
annual gross revenue of $1,000,000 or more to report and keep records of
all transactions involving cash.
2. A gaming licensee, or a director, officer, employee, affiliate
or agent of the gaming licensee, who makes a disclosure to the
Commission, the Board or any other law enforcement agency of a possible
violation or circumvention of law or regulation regarding a transaction
involving cash has absolute immunity from civil liability for that
disclosure or for the failure to notify a person involved in the
transaction or any other person of that disclosure.
3. The absolute privilege set forth in NRS 463.3407 also applies to the copy of a report of a
suspicious transaction filed with the Board as required by regulations
adopted pursuant to subsection 1.
(Added to NRS by 1985, 1299; A 1997, 214)
1. The provisions of this chapter with respect to state gaming
licenses and manufacturer’s, seller’s and distributor’s licenses must be
administered by the Board and the Commission, which shall administer them
for the protection of the public and in the public interest in accordance
with the policy of this state.
2. The Board and the Commission and their agents may:
(a) Inspect and examine all premises wherein gaming is conducted or
gambling devices or equipment are manufactured, sold or distributed.
(b) Inspect all equipment and supplies in, upon or about such
premises.
(c) Summarily seize and remove from such premises and impound any
equipment, supplies, documents or records for the purpose of examination
and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all
papers, books and records of any applicant or licensee, on his premises,
or elsewhere as practicable, and in the presence of the applicant or
licensee, or his agent, respecting the gross income produced by any
gaming business, and require verification of income, and all other
matters affecting the enforcement of the policy or any of the provisions
of this chapter.
(e) Demand access to and inspect, examine, photocopy and audit all
papers, books and records of any affiliate of a licensee whom the Board
or Commission knows or reasonably suspects is involved in the financing,
operation or management of the licensee. The inspection, examination,
photocopying and audit may take place on the affiliate’s premises or
elsewhere as practicable, and in the presence of the affiliate or its
agent.
3. For the purpose of conducting audits after the cessation of
gaming by a licensee, the former licensee shall furnish, upon demand of
an agent of the Board, books, papers and records as necessary to conduct
the audits. The former licensee shall maintain all books, papers and
records necessary for audits for 1 year after the date of the surrender
or revocation of his gaming license. If the former licensee seeks
judicial review of a deficiency determination or files a petition for a
redetermination, he must maintain all books, papers and records until a
final order is entered on the determination.
4. The Board may investigate, for the purpose of prosecution, any
suspected criminal violation of the provisions of this chapter, chapter
205 of NRS involving a crime against the
property of a gaming licensee, NRS 207.195 or chapter 462 ,
463B , 464 , 465
or 466 of NRS.
5. The Board and the Commission or any of its members has full
power and authority to issue subpoenas and compel the attendance of
witnesses at any place within this state, to administer oaths and to
require testimony under oath. Any process or notice may be served in the
manner provided for service of process and notices in civil actions. The
Board or the Commission may pay such transportation and other expenses of
witnesses as it may deem reasonable and proper. Any person making false
oath in any matter before either the Board or Commission is guilty of
perjury. The Board and Commission or any member thereof may appoint
hearing examiners who may administer oaths and receive evidence and
testimony under oath.
[14:429:1955]—(NRS A 1959, 434; 1967, 1597; 1971, 541, 2079; 1975,
674; 1977, 1429, 1443, 1598; 1979, 1012; 1981, 1076; 1991, 1838, 2263;
1993, 575, 580, 2119, 2533; 1995, 427, 703)
1. The Board shall investigate the qualifications of each
applicant under this chapter before any license is issued or any
registration, finding of suitability or approval of acts or transactions
for which Commission approval is required or permission is granted, and
shall continue to observe the conduct of all licensees and other persons
having a material involvement directly or indirectly with a licensed
gaming operation or registered holding company to ensure that licenses
are not issued or held by, nor is there any material involvement directly
or indirectly with a licensed gaming operation or registered holding
company by unqualified, disqualified or unsuitable persons, or persons
whose operations are conducted in an unsuitable manner or in unsuitable
or prohibited places or locations.
2. To request and receive information from the Federal Bureau of
Investigation concerning an investigation of an applicant pursuant to
this section, the Board must receive a complete set of fingerprints of
the applicant which the Board must forward to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau
of Investigation for its report.
3. The Board has full and absolute power and authority to
recommend the denial of any application, the limitation, conditioning or
restriction of any license, registration, finding of suitability or
approval, the suspension or revocation of any license, registration,
finding of suitability or approval or the imposition of a fine upon any
person licensed, registered, found suitable or approved for any cause
deemed reasonable by the Board.
4. The Commission has full and absolute power and authority to
deny any application or limit, condition, restrict, revoke or suspend any
license, registration, finding of suitability or approval, or fine any
person licensed, registered, found suitable or approved, for any cause
deemed reasonable by the Commission.
(Added to NRS by 1981, 1068; A 2003, 2850 )
The Commission or Board shall initiate proceedings or actions
appropriate to enforce the provisions of this chapter and chapter 462
of NRS, and may request that a district
attorney or recommend that the Attorney General prosecute any public
offense committed in violation of any provision of this chapter or of
chapter 462 , 463B , 464 or 466 of NRS. If the Board initiates any action or
proceeding or requests the prosecution of any offense, it shall
immediately notify the Commission.
(Added to NRS by 1967, 1040; A 1981, 546; 1991, 2264; 1993, 2120)
1. At any time:
(a) Within 5 years after any amount of fees, interest, penalties or
tax required to be paid or collected pursuant to the provisions of this
chapter becomes due and payable;
(b) Within 5 years after the delinquency of any amount of such
fees, interest, penalties or tax; or
(c) Within 3 years after the Board has, within one of the 5-year
periods limited by paragraphs (a) and (b), made a determination of any
fee, interest, penalty or tax pursuant to NRS 463.388 , whichever period extends the longest,
Ê the Board may bring a civil action in the courts of this state, or any
other state, or of the United States, in the name of the State of Nevada
to collect the amount due together with penalties and interest. An action
may be brought even though the person owing the amount is no longer a
gaming licensee under the provisions of this chapter.
2. If the action is brought in this state:
(a) A writ of attachment may issue, and no bond or affidavit
previous to the issuing of the attachment is required.
(b) The records of the Board are prima facie evidence of the
determination of the tax or the amount of the tax, the delinquency of the
amount set forth and compliance by the Board with all the provisions of
this chapter in relation to the computation and determination of the
amounts.
(Added to NRS by 1967, 1040; A 1969, 462; 1975, 1142; 1977, 1405;
1981, 1077)
The
Commission may exercise any proper power and authority necessary to
perform the duties assigned to it by the Legislature, and is not limited
by any enumeration of powers in this chapter.
(Added to NRS by 1967, 1040)
The Commission and the
Board may refuse to reveal, in any court or administrative proceeding
except a proceeding brought by the State of Nevada, the identity of an
informant, or the information obtained from the informant, or both the
identity and the information.
(Added to NRS by 1969, 785; A 1979, 774)
REGULATIONS OF COMMISSION
1. Except as otherwise provided in NRS 368A.140 , the Commission shall, pursuant to NRS
463.150 , adopt, amend and repeal
regulations in accordance with the following procedures:
(a) At least 30 days before the initial meeting of the Commission
and 20 days before any subsequent meeting at which the adoption,
amendment or repeal of a regulation is considered, notice of the proposed
action must be:
(1) Published in such newspaper as the Commission prescribes;
(2) Mailed to every person who has filed a request therefor
with the Commission; and
(3) When the Commission deems advisable, mailed to any
person whom the Commission believes would be interested in the proposed
action, and published in such additional form and manner as the
Commission prescribes.
(b) The notice of proposed adoption, amendment or repeal must
include:
(1) A statement of the time, place and nature of the
proceedings for adoption, amendment or repeal;
(2) Reference to the authority under which the action is
proposed; and
(3) Either the express terms or an informative summary of
the proposed action.
(c) On the date and at the time and place designated in the notice,
the Commission shall afford any interested person or his authorized
representative, or both, the opportunity to present statements, arguments
or contentions in writing, with or without opportunity to present them
orally. The Commission shall consider all relevant matter presented to it
before adopting, amending or repealing any regulation.
(d) Any interested person may file a petition with the Commission
requesting the adoption, amendment or repeal of a regulation. The
petition must state, clearly and concisely:
(1) The substance or nature of the regulation, amendment or
repeal requested;
(2) The reasons for the request; and
(3) Reference to the authority of the Commission to take the
action requested.
Ê Upon receipt of the petition, the Commission shall within 45 days deny
the request in writing or schedule the matter for action pursuant to this
subsection.
(e) In emergencies, the Commission may summarily adopt, amend or
repeal any regulation if at the same time it files a finding that such
action is necessary for the immediate preservation of the public peace,
health, safety, morals, good order or general welfare, together with a
statement of the facts constituting the emergency.
2. In any hearing held pursuant to this section, the Commission or
its authorized representative may administer oaths or affirmations, and
may continue or postpone the hearing from time to time and at such places
as it prescribes.
3. The Commission may request the advice and assistance of the
Board in carrying out the provisions of this section.
(Added to NRS by 1959, 436; A 1965, 322; 1969, 312; 1973, 1267;
1977, 1418; 1987, 185; 1993, 310; 2005, 22nd Special Session, 145 )
1. The Commission shall, from time to time, adopt, amend or repeal
such regulations, consistent with the policy, objects and purposes of
this chapter as it may deem necessary or desirable in the public interest
in carrying out the policy and provisions of this chapter.
2. These regulations must, without limiting the general powers
herein conferred, include the following:
(a) Prescribing the method and form of application which any
applicant for a gaming license or for a manufacturer’s, seller’s or
distributor’s license must follow and complete before consideration of
his application by the Board.
(b) Prescribing the information to be furnished by any applicant or
licensee concerning his antecedents, habits, character, associates,
criminal record, business activities and financial affairs, past or
present.
(c) Prescribing the information to be furnished by a licensee
relating to his gaming employees.
(d) Requiring fingerprinting of an applicant or licensee or
employee of a licensee or other methods of identification.
(e) Prescribing the manner and procedure of all hearings conducted
by the Board or Commission or any hearing examiner of the Board or
Commission, including special rules of evidence applicable thereto and
notices thereof.
(f) Requiring any applicant to pay all or any part of the fees and
costs of investigation of such applicant as may be determined by the
Board.
(g) Prescribing the manner and method of collection and payment of
fees and issuance of licenses.
(h) Defining and limiting the area, games and devices permitted,
and the method of operation of such games and devices for the purposes of
this chapter.
(i) Prescribing under what conditions the nonpayment of a gambling
debt by a licensee shall be deemed grounds for revocation or suspension
of his license.
(j) Governing the manufacture, sale and distribution of gambling
devices and equipment.
(k) Requiring any applicant or licensee to waive any privilege with
respect to any testimony at any hearing or meeting of the Board or
Commission, except any privilege afforded by the Constitutions of the
United States or this state.
(l) Prescribing the qualifications of, and the conditions under
which, attorneys, accountants and others are permitted to practice before
the Board or Commission.
[15:429:1955]—(NRS A 1959, 435; 1967, 1598; 1969, 463; 1973, 1268;
1981, 1078)
1. The Legislature hereby declares that the exclusion or ejection
of certain persons from licensed gaming establishments which conduct
pari-mutuel wagering or operate any race book, sports pool or games,
other than slot machines only, is necessary to effectuate the policies of
this chapter and to maintain effectively the strict regulation of
licensed gaming.
2. The Commission may by regulation provide for the establishment
of a list of persons who are to be excluded or ejected from any licensed
gaming establishment which conducts pari-mutuel wagering or operates any
race book, sports pool or games, other than slot machines only. The list
may include any person whose presence in the establishment is determined
by the Board and the Commission to pose a threat to the interests of this
state or to licensed gaming, or both.
3. In making that determination, the Board and the Commission may
consider any:
(a) Prior conviction of a crime which is a felony in this state or
under the laws of the United States, a crime involving moral turpitude or
a violation of the gaming laws of any state;
(b) Violation or conspiracy to violate the provisions of this
chapter relating to:
(1) The failure to disclose an interest in a gaming
establishment for which the person must obtain a license; or
(2) Willful evasion of fees or taxes;
(c) Notorious or unsavory reputation which would adversely affect
public confidence and trust that the gaming industry is free from
criminal or corruptive elements; or
(d) Written order of a governmental agency which authorizes the
exclusion or ejection of the person from an establishment at which gaming
or pari-mutuel wagering is conducted.
4. Race, color, creed, national origin or ancestry, or sex must
not be grounds for placing the name of a person upon the list.
(Added to NRS by 1967, 1041; A 1977, 1430; 1981, 540; 1985, 2136)
Whenever the name and description of any person is
placed on a list pursuant to NRS 463.151 , the Board shall serve notice of such fact to
such person:
1. By personal service;
2. By certified mail to the last known address of such person; or
3. By publication daily for 1 week in one of the principal
newspapers published in the City of Reno and in one of the principal
newspapers published in the City of Las Vegas, Nevada.
(Added to NRS by 1967, 1041)
1. Within 30 days after service by mail or in person or 60 days
after the last publication, as provided in NRS 463.152 , the person named may demand a hearing before
the Commission and show cause why he should have his name taken from such
a list. Failure to demand a hearing within the time allotted in this
section precludes the person from having an administrative hearing, but
in no way affects his right to petition for judicial review as provided
in paragraph (b) of subsection 3.
2. Upon receipt of a demand for hearing, the Commission shall set
a time and place for the hearing. This hearing must not be held later
than 30 days after receipt of the demand for the hearing, unless the time
of the hearing is changed by agreement of the Commission and the person
demanding the hearing.
3. If, upon completion of the hearing, the Commission determines
that:
(a) The regulation does not or should not apply to the person so
listed, the Commission shall notify all persons licensed under NRS
463.220 and 463.225 of its determination.
(b) Placing the person on the exclusion or ejection list was
proper, the Commission shall make and enter in its minutes an order to
that effect. This order is subject to review by any court of competent
jurisdiction in accordance with the provisions of NRS 463.315 to 463.318 ,
inclusive.
(Added to NRS by 1967, 1041; A 1983, 1552; 1985, 717; 1987, 186)
The Commission may revoke, limit, condition, suspend or fine an
individual licensee or licensed gaming establishment which conducts
pari-mutuel wagering or operates any race book, sports pool or games,
other than slot machines only, in accordance with the laws of this state
and the regulations of the Commission, if that establishment or any
individual licensee affiliated therewith knowingly fails to exclude or
eject from the premises of the licensed establishment any person placed
on the list of persons to be excluded or ejected.
(Added to NRS by 1967, 1042; A 1977, 1431; 1979, 774; 1981, 541;
1985, 2136)
Any person who has been placed on the
list of persons to be excluded or ejected from any licensed gaming
establishment pursuant to NRS 463.151
is guilty of a gross misdemeanor if he thereafter enters the premises of
a licensed gaming establishment which conducts pari-mutuel wagering or
operates any race book, sports pool or games, other than slot machines
only, without first having obtained a determination by the Commission
that he should not have been placed on the list of persons to be excluded
or ejected.
(Added to NRS by 1967, 1042; A 1977, 1431; 1981, 541; 1985, 2136)
The Commission shall, with the advice and
assistance of the Board, adopt regulations conforming to the requirements
of NRS 463.157 to 463.1592 , inclusive.
(Added to NRS by 1967, 1276)
The Commission shall by
regulation:
1. Prescribe minimum procedures for adoption by each nonrestricted
licensee to exercise effective control over its internal fiscal affairs,
which must include, but are not limited to, provisions for:
(a) The safeguarding of its assets and revenues, especially the
recording of cash and evidences of indebtedness; and
(b) The provision of reliable records, accounts and reports of
transactions, operations and events, including reports to the Board and
the Commission.
2. Provide for the adoption and use of internal audits, whether by
qualified internal auditors or by accountants holding a permit to
practice public accounting, in the case of each nonrestricted licensee
whose operation equals or exceeds a specified size. The regulations or
any standards adopted pursuant to such regulations must, if the stock of
the nonrestricted licensee is publicly traded, preclude internal audits
by the same independent accountant hired to provide audits, compiled
statements or reviews of the financial statements required by NRS 463.159
. As used in this subsection, “internal
audit” means a type of control which operates through the testing and
evaluation of other controls and which is also directed toward observing
proper compliance with the minimum standards of control prescribed
pursuant to subsection 1.
(Added to NRS by 1967, 1277; A 2003, 20th Special Session, 273
)
The
Commission shall by regulation require periodic financial reports from
each nonrestricted licensee, and:
1. Specify standard forms for reporting financial condition,
results of operations and other relevant financial information.
2. Formulate a uniform code of accounts and accounting
classifications to assure consistency, comparability and effective
disclosure of financial information.
3. Prescribe the intervals at which such information shall be
furnished. For this purpose the Commission may classify licensees by size
of operation.
(Added to NRS by 1967, 1277)
1. The Commission shall by regulation require audits of the
financial statements of all nonrestricted licensees whose annual gross
revenue is $5,000,000 or more.
2. The Commission may require audits, compiled statements or
reviews of the financial statements of nonrestricted licensees whose
annual gross revenue is less than $5,000,000.
3. The amounts of annual gross revenue provided for in subsections
1 and 2 must be increased or decreased annually in an amount
corresponding to the percentage of increase or decrease in the Consumer
Price Index (All Items) published by the United States Department of
Labor for the preceding year. On or before December 15 of each year, the
Commission shall determine the amount of the increase or decrease
required by this subsection and establish the adjusted amounts of annual
gross revenue in effect for the succeeding calendar year. The audits,
compilations and reviews provided for in subsections 1 and 2 must be made
by independent accountants holding permits to practice public accounting
in the State of Nevada.
4. Except as otherwise provided in subsection 5, for every audit
required pursuant to this section:
(a) The independent accountants shall submit an audit report which
must express an unqualified or qualified opinion or, if appropriate,
disclaim an opinion on the statements taken as a whole in accordance with
standards for the accounting profession established by rules and
regulations of the Nevada State Board of Accountancy, but the preparation
of statements without audit does not constitute compliance.
(b) The examination and audit must disclose whether the accounts,
records and control procedures maintained by the licensee are as required
by the regulations published by the Commission pursuant to NRS 463.156
to 463.1592 , inclusive.
5. If the license of a nonrestricted licensee is terminated within
3 months after the end of a period covered by an audit, the licensee may
submit compiled statements in lieu of an additional audited statement for
the licensee’s final period of business.
(Added to NRS by 1967, 1277; A 1971, 673; 1985, 2137; 1991, 2255;
1997, 3500)
The Commission shall by
regulation provide for:
1. The organization of the Board’s audit function in conformity
with other accounting and auditing provisions of its regulations and with
acceptable and modern auditing practices.
2. The organization and administration of an economic research and
planning function by a central body which shall gather, evaluate and
disseminate facts regarding the economics of the gaming industry and
economic conditions affecting the industry. The regulations shall include
provision for the organizational status of this body, its staffing
structure, and a budget for its operations.
(Added to NRS by 1967, 1277)
The Legislative Auditor shall
in performing his regular audits of the Commission and the Board, and in
addition whenever so directed by a concurrent resolution of the
Legislature, ascertain whether the control and related practices
prescribed by NRS 463.157 to 463.1592
, inclusive, are being efficiently,
effectively and equitably administered.
(Added to NRS by 1967, 1278; A 1973, 1669)
1. The Commission shall adopt regulations, consistent with NRS
463.370 , 463.371 and 463.3715 , that prescribe the manner in which winnings,
compensation from games and gaming devices, and gross revenue must be
computed and reported by the licensee.
2. The Commission may adopt regulations that prescribe the manner
in which a licensee must submit to the Commission any fees, interest,
penalties or tax required to be paid based upon the information reported
in subsection 1.
(Added to NRS by 1981, 1543; A 2003, 20th Special Session, 3 )
The Commission may adopt such regulations as it deems necessary
to carry out the provisions of NRS 463.362 to 463.366 ,
inclusive.
(Added to NRS by 1983, 1847)
The Commission shall, with the advice and
assistance of the Board, adopt regulations to implement the provisions of
NRS 463.482 to 463.645 , inclusive, and shall thereafter maintain such
regulations in conformity thereto.
(Added to NRS by 1971, 672)—(Substituted in revision for NRS
463.1594)
1. The Commission may:
(a) Adopt regulations governing the sale or offering for sale of
securities, by public or other offerings, of any affiliated company of a
corporate licensee.
(b) Pursue any remedy or combination of remedies provided in this
chapter for a violation of any regulation adopted pursuant to this
section, but any such violation does not affect the validity of the
securities issued.
2. As used in this section, unless the context otherwise requires,
“sale” means every contract of sale, contract to sell, disposition or
transfer whether or not for value. The term includes any exchange and any
material change in the rights, preferences, privileges or restrictions of
or on outstanding securities.
(Added to NRS by 1981, 1073)
The Commission shall, from time to time, adopt, amend or repeal
such regulations, consistent with the policy, objects and purposes of
this chapter as it may deem necessary or desirable in the public interest
governing the operation of slot machine routes, the licensing of their
operators and the reports appropriate to such an operation.
(Added to NRS by 1983, 1333)
1. The Commission shall adopt regulations governing the approval
and operation of inter-casino linked systems and the licensing of the
operators of such systems.
2. The Commission shall include in the regulations, without
limitation:
(a) Standards for the approval and operation of an inter-casino
linked system.
(b) Requirements for the:
(1) Operator of an inter-casino linked system to disclose to
the Board, the Commission and licensees on a confidential basis the rate
of progression of the primary jackpot meter; and
(2) Establishment of a minimum rate of progression of the
primary jackpot meter.
(c) Criteria for multiple licensing of inter-casino linked systems
and the operators of inter-casino linked systems.
(d) Procedures and criteria for the regular auditing of the
regulatory compliance of an operator of an inter-casino linked system.
(Added to NRS by 1995, 756; A 1999, 951 )
1. The Commission shall, with the advice and assistance of the
Board, adopt regulations authorizing a gaming licensee to charge a fee
for admission to an area in which gaming is conducted in accordance with
the provisions of this section.
2. The regulations adopted by the Commission pursuant to this
section must include, without limitation, provisions that:
(a) A gaming licensee may not charge a fee pursuant to this section
unless:
(1) The Chairman of the Board grants administrative approval
of a request by a gaming licensee to charge such a fee; and
(2) Such administrative approval is not revoked or suspended
by the Chairman of the Board.
(b) The Chairman of the Board may, in his sole and absolute
discretion, grant, deny, limit, condition, restrict, revoke or suspend
any administrative approval of a request by a gaming licensee to charge a
fee pursuant to this section. In considering such a request, the Chairman
of the Board shall consider all relevant factors, including, without
limitation:
(1) The size of the area;
(2) The amount of gaming that occurs within the area;
(3) The types and quantity of gaming offered;
(4) The business purpose of the area;
(5) Other amenities that are offered within the area;
(6) The amount of the costs and expenses incurred in
creating the area;
(7) The benefit to the State in having gaming conducted
within the area;
(8) The amount of the fee charged and whether the fee
charged is unreasonable as compared to the prevailing practice within the
industry; and
(9) Whether the area should more appropriately be treated as
a gaming salon.
Ê The decision of the Chairman of the Board regarding such a request may
be appealed by the gaming licensee to the Commission pursuant to its
regulations.
(c) A gaming licensee who charges a fee pursuant to this section:
(1) Shall deposit with the Board and thereafter maintain a
refundable revolving fund in an amount determined by the Commission to
pay the expenses of admission of agents of the Board or Commission to the
area for which a fee for admission is charged.
(2) Shall arrange for access by agents of the Board or
Commission to the area for which a fee for admission is charged.
(3) Shall, at all times that a fee is charged for admission
to an area pursuant to this section in an establishment for which a
nonrestricted license has been issued, provide for the public at least
the same number of gaming devices and games in a different area for which
no fee is charged for admission.
(4) Shall, at all times that a fee is charged for admission
to an area pursuant to this section in an establishment for which a
restricted license has been issued, post a sign of a suitable size in a
conspicuous place near the entrance of the establishment that provides
notice to patrons that they do not need to pay an admission fee or cover
charge to engage in gaming.
(5) Shall not use a fee charged for admission to create a
private gaming area that is not operated in association or conjunction
with a nongaming activity, attraction or facility.
(6) Shall not restrict admission to the area for which a fee
for admission is charged to a patron on the ground of race, color,
religion, national origin or disability of the patron, and any unresolved
dispute with a patron concerning restriction of admission shall be deemed
a dispute as to the manner in which a game is conducted pursuant to NRS
463.362 and must be resolved pursuant
to NRS 463.362 to 463.366 , inclusive.
(d) If a gaming licensee who holds a nonrestricted license charges
a fee pursuant to this section, unless the area for which a fee for
admission is charged is otherwise subject to the excise tax on admission
to any facility in this State where live entertainment is provided
pursuant to chapter 368A of NRS, the
determination of the amount of the liability of the gaming licensee for
that tax:
(1) Includes the fees charged for admission pursuant to this
section; and
(2) Does not include charges for food, refreshments and
merchandise collected in the area for which admission is charged.
(Added to NRS by 2005, 1355 )
REGULATION OF PERSONS INVOLVED IN GAMING
1. Except as otherwise provided in subsection 4 and NRS 463.172
, it is unlawful for any person, either
as owner, lessee or employee, whether for hire or not, either solely or
in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for
play in the State of Nevada any gambling game, gaming device,
inter-casino linked system, mobile gaming system, slot machine, race book
or sports pool;
(b) To provide or maintain any information service;
(c) To operate a gaming salon; or
(d) To receive, directly or indirectly, any compensation or reward
or any percentage or share of the money or property played, for keeping,
running or carrying on any gambling game, slot machine, gaming device,
mobile gaming system, race book or sports pool,
Ê without having first procured, and thereafter maintaining in effect,
all federal, state, county and municipal gaming licenses as required by
statute, regulation or ordinance or by the governing board of any
unincorporated town.
2. The licensure of an operator of an inter-casino linked system
is not required if:
(a) A gaming licensee is operating an inter-casino linked system on
the premises of an affiliated licensee; or
(b) An operator of a slot machine route is operating an
inter-casino linked system consisting of slot machines only.
3. Except as otherwise provided in subsection 4, it is unlawful
for any person knowingly to permit any gambling game, slot machine,
gaming device, inter-casino linked system, mobile gaming system, race
book or sports pool to be conducted, operated, dealt or carried on in any
house or building or other premises owned by him, in whole or in part, by
a person who is not licensed pursuant to this chapter, or his employee.
4. The Commission may, by regulation, authorize a person to own or
lease gaming devices for the limited purpose of display or use in the
person’s private residence without procuring a state gaming license.
5. As used in this section, “affiliated licensee” has the meaning
ascribed to it in NRS 463.430 .
[16:429:1955]—(NRS A 1959, 437; 1961, 662; 1965, 1032; 1967, 1029,
1591; 1969, 372; 1971, 229; 1975, 675; 1977, 1423; 1979, 775, 1014, 1523;
1981, 1078; 1983, 140; 1985, 2137; 1989, 708, 969; 1995, 758; 1997, 117,
1118, 3500; 2001, 897 ; 2003, 1170 ; 2005, 717 )
1. Except as otherwise provided in subsection 3, the Commission
shall not approve a nonrestricted license, other than for the operation
of a mobile gaming system, race book or sports pool at an establishment
which holds a nonrestricted license to operate both gaming devices and a
gambling game, for an establishment in a county whose population is
100,000 or more unless the establishment is a resort hotel.
2. A county, city or town may require resort hotels to meet
standards in addition to those required by this chapter as a condition of
issuance of a gaming license by the county, city or town.
3. The Commission may approve a nonrestricted license for an
establishment which is not a resort hotel at a new location if:
(a) The establishment was acquired or displaced pursuant to a
redevelopment project undertaken by an agency created pursuant to NRS
279.382 to 279.685 , inclusive, in accordance with a final order
of condemnation entered before June 17, 2005; or
(b) The establishment was acquired or displaced pursuant to a
redevelopment project undertaken by an agency created pursuant to NRS
279.382 to 279.685 , inclusive, in accordance with a final order
of condemnation entered on or after June 17, 2005, and the new location
of the establishment is within the same redevelopment area as the former
location of the establishment.
(Added to NRS by 1991, 1405; A 1993, 2048; 1995, 2234; 2005, 718
, 2210 )
A license to operate 15 or fewer slot machines at an
establishment in which the operation of slot machines is incidental to
the primary business conducted at the establishment may only be granted
to the operator of the primary business or to a licensed operator of a
slot machine route.
(Added to NRS by 1985, 2262)
1. Except as otherwise provided in subsections 2 and 3, it is
unlawful for any person to:
(a) Lend, let, lease or otherwise deliver or furnish any equipment
of any gambling game, including any slot machine, for any interest,
percentage or share of the money or property played, under guise of any
agreement whatever, without having first procured a state gaming license.
(b) Lend, let, lease or otherwise deliver or furnish, except by a
bona fide sale or capital lease, any slot machine under guise of any
agreement whereby any consideration is paid or is payable for the right
to possess or use that slot machine, whether the consideration is
measured by a percentage of the revenue derived from the machine or by a
fixed fee or otherwise, without having first procured a state gaming
license for the slot machine.
(c) Furnish services or property, real or personal, on the basis of
a contract, lease or license, pursuant to which that person receives
payments based on earnings or profits from any gambling game, including
any slot machine, without having first procured a state gaming license.
2. The provisions of subsection 1 do not apply to any person:
(a) Whose payments are a fixed sum determined in advance on a bona
fide basis for the furnishing of services or property other than a slot
machine.
(b) Who furnishes services or property under a bona fide rental
agreement or security agreement for gaming equipment.
(c) That is a wholly owned subsidiary of:
(1) A corporation, limited partnership or limited-liability
company holding a state gaming license; or
(2) A holding company or intermediary company, or publicly
traded corporation, that has registered pursuant to NRS 463.585 or 463.635
and which has fully complied with the laws applicable to it.
(d) Who is licensed as a distributor and who rents or leases any
equipment of any gambling game including any slot machine, under a bona
fide agreement where the payments are a fixed sum determined in advance
and not determined as a percentage of the revenue derived from the
equipment or slot machine.
(e) Who is found suitable by the Commission to act as an
independent agent.
Ê Receipts or rentals or charges for real property, personal property or
services do not lose their character as payments of a fixed sum or as
bona fide because of provisions in a contract, lease or license for
adjustments in charges, rentals or fees on account of changes in taxes or
assessments, escalations in the cost-of-living index, expansions or
improvement of facilities, or changes in services supplied. Receipts of
rentals or charges based on percentage between a corporate licensee or a
licensee who is a limited partnership or limited-liability company and
the entities enumerated in paragraph (c) are permitted under this
subsection.
3. The Commission may, upon the issuance of its approval or a
finding of suitability, exempt a holding company from the licensing
requirements of subsection 1.
4. The Board may require any person exempted by the provisions of
subsection 2 or paragraph (b) of subsection 1 to provide such information
as it may require to perform its investigative duties.
5. The Board and the Commission may require a finding of
suitability or the licensing of any person who:
(a) Owns any interest in the premises of a licensed establishment
or owns any interest in real property used by a licensed establishment
whether he leases the property directly to the licensee or through an
intermediary.
(b) Repairs, rebuilds or modifies any gaming device.
(c) Manufactures or distributes chips or gaming tokens for use in
this state.
6. If the Commission finds a person described in subsection 5
unsuitable, a licensee shall not enter into any contract or agreement
with that person without the prior approval of the Commission. Any other
agreement between the licensee and that person must be terminated upon
receipt of notice of the action by the Commission. Any agreement between
a licensee and a person described in subsection 5 shall be deemed to
include a provision for its termination without liability on the part of
the licensee upon a finding by the Commission that the person is
unsuitable. Failure expressly to include that condition in the agreement
is not a defense in any action brought pursuant to this section to
terminate the agreement. If the application is not presented to the Board
within 30 days after demand, the Commission may pursue any remedy or
combination of remedies provided in this chapter.
(Added to NRS by 1981, 1069; A 1987, 323; 1989, 403; 1991, 798;
1993, 1996)
1. A licensee shall not operate a gaming device in a restricted
area of a public transportation facility without prior approval of the
Board.
2. If approval to operate a gaming device in a restricted area of
a public transportation facility is sought for a gaming device located in
an area of a public transportation facility that may become a restricted
area, the application for approval must be filed with the Board at least
15 days before the anticipated restriction of the area or such shorter
time as the Board may allow.
3. As used in this section:
(a) “Public transportation facility” has the meaning ascribed to it
in NRS 463.177 .
(b) “Restricted area” means a portion of a public transportation
facility for which the access of the general public is restricted or
screening of the general public is required.
(Added to NRS by 1991, 968)
1. Except for persons associated with licensed corporations,
limited partnerships or limited-liability companies and required to be
licensed pursuant to NRS 463.530 ,
463.569 or 463.5735 , each employee, agent, guardian, personal
representative, lender or holder of indebtedness of a gaming licensee
who, in the opinion of the Commission, has the power to exercise a
significant influence over the licensee’s operation of a gaming
establishment may be required to apply for a license.
2. A person required to be licensed pursuant to subsection 1 shall
apply for a license within 30 days after the Commission requests that he
do so.
3. If an employee required to be licensed under subsection 1:
(a) Does not apply for a license within 30 days after being
requested to do so by the Commission, and the Commission makes a finding
of unsuitability for that reason;
(b) Is denied a license; or
(c) Has his license revoked by the Commission,
Ê the licensee by whom he is employed shall terminate his employment in
any capacity in which he is required to be licensed and shall not permit
him to exercise a significant influence over the operation of the gaming
establishment upon being notified by registered or certified mail of that
action.
4. A gaming licensee or an affiliate of the licensee shall not pay
to a person whose employment has been terminated pursuant to subsection 3
any remuneration for any service performed in any capacity in which he is
required to be licensed, except for amounts due for services rendered
before the date of receipt of notice of the action by the Commission. Any
contract or agreement for personal services or for the conduct of any
activity at the licensed gaming establishment between a gaming licensee
or an affiliate of the licensee and a person terminated pursuant to
subsection 3 is subject to termination. Every such agreement shall be
deemed to include a provision for its termination without liability on
the part of the licensee or affiliate upon a finding by the Commission
that the person is unsuitable to be associated with a gaming enterprise.
Failure expressly to include that condition in the agreement is not a
defense in any action brought pursuant to this section to terminate the
agreement.
5. A gaming licensee or an affiliate of the licensee shall not,
without the prior approval of the Commission, enter into any contract or
agreement with a person who is found unsuitable or who is denied a
license or whose license is revoked by the Commission, and whose name has
been placed on the list maintained pursuant to subsection 8, or with any
business enterprise that the licensee knows or under the circumstances
reasonably should know is under the control of that person after the date
of receipt of notice of the action by the Commission. Every contract or
agreement for personal services to a gaming licensee or an affiliate or
for the conduct of any activity at a licensed gaming establishment shall
be deemed to include a provision for its termination without liability on
the part of the licensee or affiliate upon a finding by the Commission
that the person is unsuitable to be associated with a gaming enterprise.
Failure expressly to include such a condition in the agreement is not a
defense in any action brought pursuant to this section to terminate the
agreement.
6. A gaming licensee or an affiliate of the licensee shall not,
without the prior approval of the Commission, employ any person in a
capacity for which he is required to be licensed, if he has been found
unsuitable or denied a license, or whose license has been revoked by the
Commission, and whose name has been placed on the list maintained
pursuant to subsection 8, after the date of receipt of notice of the
action by the Commission. Every contract or agreement for employment with
a gaming licensee or an affiliate shall be deemed to include a provision
for its termination without liability on the part of the licensee or
affiliate upon a finding by the Commission that the person is unsuitable
to be associated with a gaming enterprise. Failure to expressly include
such a condition in the agreement is not a defense in any action brought
pursuant to this section to terminate the agreement.
7. As used in this section, “affiliate” means a person who,
directly or indirectly through one or more intermediaries, controls, is
controlled by or is under common control with a licensee.
8. The Board shall maintain and make available to every licensee a
complete and current list containing the names of every person the
Commission has denied a license, who has been found unsuitable or who has
had a license or finding of suitability revoked. The list must also
contain the names of any business organization under the control of any
such person known to the Board.
(Added to NRS by 1977, 1425; A 1979, 474, 1525; 1981, 1064; 1993,
1998; 1999, 3172 )
1. A person who has:
(a) Been denied a license by the Commission;
(b) Been found unsuitable by the Commission; or
(c) Had a license or finding of suitability revoked by the
Commission,
Ê shall not enter or attempt to enter into any contract or agreement with
a licensee, either directly or indirectly, through any business
organization under such a person’s control, that involves the operations
of a licensee without the prior approval of the Commission. This
provision does not prohibit any person from purchasing any goods or
services for personal use from a licensee at retail prices that are
available to the general public.
2. Every contract or agreement with a person that is subject to
the provisions of subsection 1 shall be deemed to include a provision for
its termination without liability on the part of the licensee. Failure to
expressly include that condition in the contract or agreement is not a
defense in any action brought pursuant to this section to terminate the
agreement.
3. Any person, contract or agreement subject to the provisions of
subsection 1 is subject to being enjoined pursuant to and in accordance
with the provisions of NRS 463.346 .
(Added to NRS by 1999, 3172 )
1. The Commission may determine the suitability, or may require
the licensing, of any person who furnishes services or property to a
state gaming licensee under any arrangement pursuant to which the person
receives payments based on earnings, profits or receipts from gaming. The
Commission may require any such person to comply with the requirements of
this chapter and with the regulations of the Commission. If the
Commission determines that any such person is unsuitable, it may require
the arrangement to be terminated.
2. If the premises of a licensed gaming establishment are directly
or indirectly owned or under the control of the licensee therein, or of
any person controlling, controlled by, or under common control with the
licensee, the Commission may, upon recommendation of the Board, require
the application of any person for a determination of suitability to be
associated with a gaming enterprise if the person:
(a) Does business on the premises of the licensed gaming
establishment;
(b) Is an independent agent or does business with a licensed gaming
establishment as a ticket purveyor, a tour operator, the operator of a
bus program, or as the operator of any other type of casino travel
program or promotion; or
(c) Provides any goods or services to the licensed gaming
establishment for a compensation which the Board finds to be grossly
disproportionate to the value of the goods or services.
3. If the Commission determines that the person is unsuitable to
be associated with a gaming enterprise, the association must be
terminated. Any agreement which entitles a business other than gaming to
be conducted on the premises, or entitles a person other than gaming to
conduct business with the licensed gaming establishment as set forth in
paragraph (b) or (c) of subsection 2, is subject to termination upon a
finding of unsuitability of the person associated therewith. Every such
agreement must be deemed to include a provision for its termination
without liability on the part of the licensee upon a finding by the
Commission that the person associated therewith is unsuitable to be
associated with a gaming enterprise. Failure expressly to include that
condition in the agreement is not a defense in any action brought
pursuant to this section to terminate the agreement. If the application
is not presented to the board within 30 days following demand or the
unsuitable association is not terminated, the Commission may pursue any
remedy or combination of remedies provided in this chapter.
4. The name of any person determined to be unsuitable pursuant to
this section must be included on the list required pursuant to subsection
8 of NRS 463.165 .
(Added to NRS by 1981, 1070; A 1991, 800; 1999, 3174 )
1. The Commission, upon recommendation by the Board, may require a
natural person or an entity providing services in connection with the
transmission of live broadcasts to file an application for a finding of
suitability.
2. If the Commission determines that the person or entity is
unsuitable to provide transmission services, any association or agreement
between the provider and a licensee must be terminated, unless otherwise
provided by the Commission.
3. An agreement between such a person or entity and a licensee
shall be deemed to include a provision for its termination without
liability on the part of the licensee upon a finding by the Commission
that the provider is unsuitable to be associated with a licensee. Failure
to include that condition in the agreement is not a defense in any action
brought concerning the termination of an agreement pursuant to this
section.
4. If an application for a finding of suitability is not submitted
to the Board within 30 days after the Commission so requests, the
Commission may pursue any remedy or combination of remedies provided in
this chapter.
5. Failure of a licensee to terminate any association or agreement
with a person or entity providing services in connection with the
transmission of live broadcasts after receiving notice of a determination
of unsuitability, or the failure of the provider to file a timely
application for a finding of suitability, is an unsuitable method of
operation.
(Added to NRS by 1993, 306)
1. A person shall not receive any consideration, direct or
indirect, for conducting a tournament or contest on behalf of or in
conjunction with a gaming licensee:
(a) Which involves a sporting event upon which wagers may be
accepted or racing held at a track which uses the pari-mutuel system of
wagering or gaming;
(b) In which persons pay a fee for the privilege of participating;
and
(c) In which prizes are awarded to winners,
Ê unless he has registered with the Board in the manner prescribed by the
Board and supplied such information as the Commission requires or unless
he is an officer or employee of the licensee.
2. Any person who conducts a tournament or contest on behalf of or
in conjunction with a gaming licensee may be required by the Commission
to be licensed by it as well as registered with the Board. Any person so
required must apply for a license within 30 days after the decision of
the Commission requiring him to obtain the license.
3. If any person required to be licensed pursuant to subsection 2:
(a) Does not apply for a license within 30 days after the decision
of the Commission that he must be licensed, and the Commission finds him
unsuitable for that reason; or
(b) Is denied a license,
Ê the gaming licensee with whom he is associated shall terminate that
association upon notification from the Commission by registered or
certified mail of its action.
(Added to NRS by 1985, 2134)
1. Any person who the Commission determines is qualified to
receive a license, to be found suitable or to receive any approval
required under the provisions of this chapter, or to be found suitable
regarding the operation of a charitable lottery under the provisions of
chapter 462 of NRS, having due consideration
for the proper protection of the health, safety, morals, good order and
general welfare of the inhabitants of the State of Nevada and the
declared policy of this State, may be issued a state gaming license, be
found suitable or receive any approval required by this chapter, as
appropriate. The burden of proving his qualification to receive any
license, be found suitable or receive any approval required by this
chapter is on the applicant.
2. An application to receive a license or be found suitable must
not be granted unless the Commission is satisfied that the applicant is:
(a) A person of good character, honesty and integrity;
(b) A person whose prior activities, criminal record, if any,
reputation, habits and associations do not pose a threat to the public
interest of this State or to the effective regulation and control of
gaming or charitable lotteries, or create or enhance the dangers of
unsuitable, unfair or illegal practices, methods and activities in the
conduct of gaming or charitable lotteries or in the carrying on of the
business and financial arrangements incidental thereto; and
(c) In all other respects qualified to be licensed or found
suitable consistently with the declared policy of the State.
3. A license to operate a gaming establishment or an inter-casino
linked system must not be granted unless the applicant has satisfied the
Commission that:
(a) The applicant has adequate business probity, competence and
experience, in gaming or generally; and
(b) The proposed financing of the entire operation is:
(1) Adequate for the nature of the proposed operation; and
(2) From a suitable source.
Ê Any lender or other source of money or credit which the Commission
finds does not meet the standards set forth in subsection 2 may be deemed
unsuitable.
4. An application to receive a license or be found suitable
constitutes a request for a determination of the applicant’s general
character, integrity, and ability to participate or engage in, or be
associated with gaming or the operation of a charitable lottery, as
appropriate. Any written or oral statement made in the course of an
official proceeding of the Board or Commission by any member thereof or
any witness testifying under oath which is relevant to the purpose of the
proceeding is absolutely privileged and does not impose liability for
defamation or constitute a ground for recovery in any civil action.
5. The Commission may in its discretion grant a license to:
(a) A publicly traded corporation which has complied with the
provisions of NRS 463.625 to 463.643
, inclusive;
(b) Any other corporation which has complied with the provisions of
NRS 463.490 to 463.530 , inclusive;
(c) A limited partnership which has complied with the provisions of
NRS 463.564 to 463.571 , inclusive; and
(d) A limited-liability company which has complied with the
provisions of NRS 463.5731 to 463.5737
, inclusive.
6. No limited partnership, except one whose sole limited partner
is a publicly traded corporation which has registered with the
Commission, or a limited-liability company, or business trust or
organization or other association of a quasi-corporate character is
eligible to receive or hold any license under this chapter unless all
persons having any direct or indirect interest therein of any nature
whatever, whether financial, administrative, policymaking or supervisory,
are individually qualified to be licensed under the provisions of this
chapter.
7. The Commission may, by regulation:
(a) Limit the number of persons who may be financially interested
and the nature of their interest in any corporation, other than a
publicly traded corporation, limited partnership, limited-liability
company or other organization or association licensed under this chapter;
and
(b) Establish such other qualifications for licenses as it may, in
its discretion, deem to be in the public interest and consistent with the
declared policy of the State.
[17:429:1955]—(NRS A 1959, 438; 1967, 1585; 1977, 1431; 1979, 1526;
1991, 2264; 1993, 185, 1999; 1995, 202; 1997, 3501; 1999, 952 )
1. The Chairman of the Board, in his sole and absolute discretion,
may:
(a) Provide written approval for a person to transfer an interest
for which he has been licensed, registered, found suitable or approved,
to or from an inter vivos trust; and
(b) Administratively approve any licensing, registration, finding
of suitability or approval required for the person, the trust or the
interest as a result of the transfer.
2. An administrative approval received pursuant to this section
relates back to the date on which the trust was executed.
3. Prior written administrative approval from the Chairman of the
Board must be obtained before any amendment to such a trust is effective.
(Added to NRS by 1981, 1249; A 1995, 203; 1997, 117)
1. A person who has had his application for a license denied or
who has been found unsuitable by the Commission:
(a) Is not entitled to profit from his investment in a:
(1) Corporation other than a publicly traded corporation, as
that term is defined in NRS 463.487 ;
(2) Partnership;
(3) Limited partnership;
(4) Limited-liability company; or
(5) Joint venture,
Ê which has applied for or been granted a license.
(b) Shall not retain his interest in a corporation, partnership,
limited partnership, limited-liability company or joint venture beyond
that period prescribed by the Commission.
(c) Shall not accept more for his interest in a corporation,
partnership, limited partnership, limited-liability company or joint
venture than he paid for it or the market value on the date of the denial
of the license or the finding of unsuitability.
2. The Board or Commission may proceed pursuant to NRS 463.141
to enforce the provisions of subsection
1.
(Added to NRS by 1985, 2133; A 1993, 2000)
1. As used in this section:
(a) “Bank” means a national banking association that is authorized
to do business in this State, a banking corporation formed or regulated
under the laws of this State or a trust company formed or regulated under
the laws of this State.
(b) “Fiduciary” means an executor, an administrator, a special
administrator, a trustee of an inter vivos trust, a trustee of a
testamentary trust, an escrow agent, a depositary or any combination
thereof.
2. The Commission may, selectively or by general regulation, at
any time and from time to time, exempt a bank acting as a fiduciary from
all or any portion of the requirements of NRS 463.160 , 463.162 ,
463.167 , 463.170 , and 463.490 to 463.645, inclusive, and from
the regulations adopted thereunder.
3. The Commission may, upon the recommendation of the Board or
upon its own undertaking, grant, deny, limit, condition, restrict, revoke
or suspend any exemption or application for exemption pursuant to
subsection 2 for any reasonable cause.
4. An exemption granted pursuant to subsection 2 is a revocable
privilege, and no person may acquire any vested rights therein or
thereunder.
(Added to NRS by 1973, 846; A 1981, 1081; 1997, 63)
1. As used in this section:
(a) “Governing body” includes the governing body of a political
subdivision of this state and every authority composed of representatives
of those bodies.
(b) “Public transportation facility” means an airport, marina, bus
terminal or train station owned and operated by a governing body.
2. The Commission may exempt a governing body, which leases a
portion of a public transportation facility for the operation of slot
machines only, from the provisions of NRS 463.160 , 463.162 ,
463.167 and 463.170 , and the regulations of the Commission
relating to gaming if:
(a) The lessee who is operating the slot machines complies with all
applicable federal, state and local licensing requirements; and
(b) The terms of the lease provide for the immediate termination of
the lease upon the revocation of any license necessary to operate the
slot machines.
3. The Commission may grant, deny, limit, condition, suspend or
revoke any exemption or any application for an exemption.
4. The grant of an exemption under this section does not create
any vested rights.
(Added to NRS by 1981, 1071)
1. A person is not qualified to hold any county license unless he
is the holder of a valid state license and unless he meets such other
qualifications as may be imposed by any valid county ordinance.
2. A county shall not deny a gaming license, finding of
suitability or approval to a person solely because he is not a citizen of
the United States.
[18:429:1955]—(NRS A 1979, 1170)
1. A person is not permitted to engage in gaming operations in any
city or town in this state, unless he has in force valid state and county
licenses, as well as any licenses required by the city or town.
2. A city or town shall not deny a gaming license, finding of
suitability or approval to a person solely because he is not a citizen of
the United States.
[19:429:1955]—(NRS A 1979, 1171; 1983, 140)
1. Application for a state gaming license or other Commission
action must be made to the Board on forms furnished by the Board and in
accordance with the regulations of the Commission.
2. The application for a license must include:
(a) The name of the proposed licensee.
(b) The location of his place or places of business.
(c) The gambling games, gaming device or slot machines to be
operated.
(d) The names of all persons directly or indirectly interested in
the business and the nature of such interest.
(e) Such other information and details as the Board may require in
order to discharge its duty properly.
3. If the application is for a restricted license on premises not
owned by the applicant, the application must include a sworn and
notarized statement from the owner or lessor of the premises indicating
whether the consideration paid by the applicant for the use of the
premises has been or will be increased because of the operation of gaming
on the premises.
4. The Board shall furnish to the applicant supplemental forms,
which the applicant shall complete and file with the application. Such
supplemental forms must require, but must not be limited to, complete
information and details with respect to the applicant’s antecedents,
habits, character, criminal record, business activities, financial
affairs and business associates, covering at least a 10-year period
immediately preceding the date of filing of the application.
[20:429:1955]—(NRS A 1975, 677; 2001, 3080 )
1. Within a reasonable time after filing of an application and
such supplemental information as the Board may require, the Board shall
commence its investigation of the applicant and shall conduct such
proceedings in accordance with applicable regulations as it may deem
necessary.
2. If a person has applied for a position which cannot be held
pending licensure or approval by the Commission, the Board shall use its
best efforts to enter its order concerning the application not longer
than 9 months after the application and supporting data are completed and
filed with the Board. If denial of an application is recommended, the
Board shall prepare and file with the Commission its written reasons upon
which the order is based.
3. The Board shall have full and absolute power and authority to
recommend denial of any application for any reasonable cause.
4. A recommendation of denial of an application is without
prejudice to a new and different application if made in conformity to
regulations applicable to such situations.
[21:429:1955]—(NRS A 1959, 438; 1975, 677; 1981, 1081)
1. The Board shall present its final order upon an application to
the Commission at the next meeting of the Commission.
2. The Commission may, after considering the recommendation of the
Board, issue to the applicant named, as a natural person, and to the
licensed gaming establishment, as a business entity, under the name or
style therein designated, a state gaming license, or deny the same. The
Commission may limit the license or place such conditions thereon as it
may deem necessary in the public interest. The Commission may, if it
considers necessary, issue a probationary license. No state gaming
license may be assigned either in whole or in part.
3. The Commission may limit or place such conditions as it may
deem necessary in the public interest upon any registration, finding of
suitability or approval for which application has been made.
4. After final order of the Board recommending denial of an
application, the Commission, after considering the recommendation of the
Board, may:
(a) Deny the application;
(b) Remand the matter to the Board for such further investigation
and reconsideration as the Commission may order; or
(c) By unanimous vote of the members present, grant the application
for a license, registration, finding of suitability or approval.
Ê For the purposes of this section, a tie vote of the Board upon an
application does not constitute a recommendation of denial of the
application.
5. If the Commission is not satisfied that an applicant approved
by the Board is qualified to be licensed under this chapter, the
Commission may cause to be made such investigation into and conduct such
hearings concerning the qualifications of the applicant in accordance
with its regulations as it may deem necessary.
6. If the Commission desires further investigation be made or to
conduct any hearings, it shall, within 30 days after presentation of the
recommendation of the Board so notify the applicant and set a date for
hearing, if a hearing is requested by the applicant. Final action by the
Commission must be taken within 120 days after the recommendation of the
Board has been presented to the Commission. Failure of the Commission to
take action within 120 days shall be deemed to constitute approval of the
applicant by the Commission, and a license must be issued forthwith upon
compliance by the applicant with the provisions of NRS 463.225 .
7. The Commission has full and absolute power and authority to
deny any application for any cause it deems reasonable. If an application
is denied, the Commission shall prepare and file its written decision
upon which its order denying the application is based.
[22:429:1955]—(NRS A 1959, 439; 1967, 1030; 1969, 402; 1975, 678;
1981, 1081; 1983, 398; 1985, 717)
1. If satisfied that an applicant is eligible to receive a state
gaming, manufacturing, selling, distributing or pari-mutuel wagering
license, and upon tender of:
(a) All license fees and taxes as required by law and regulation of
the Commission; and
(b) A bond executed by the applicant as principal, and by a
corporation qualified under the laws of this state as surety, payable to
the State of Nevada, and conditioned upon the payment of license fees and
taxes and the faithful performance of all requirements imposed by law or
regulation or the conditions of the license,
Ê the Commission shall issue and deliver to the applicant a license
entitling him to engage in the gaming, manufacturing, selling,
distributing or pari-mutuel wagering operation for which he is licensed,
together with an enumeration of the specific terms and conditions of the
license. The Commission shall prepare and maintain a written record of
the specific terms and conditions of any license issued and of any
modification to the license. A duplicate of the record must be delivered
to the applicant or licensee upon request.
2. The Commission shall fix the amount of the bond to be required
pursuant to subsection 1 at no more than the total amount of license fees
and taxes estimated to become due from the licensee before his full
compliance with the requirements of subsection 3 of NRS 463.370 . The bond so furnished may be applied by the
Commission to the payment of any unpaid liability of the licensee
pursuant to this chapter.
3. In lieu of a bond an applicant may deposit with the Commission
a like amount of lawful money of the United States or any other form of
security authorized by NRS 100.065 . If
security is provided in the form of a savings certificate, certificate of
deposit or investment certificate, the certificate must state that the
amount is unavailable for withdrawal except upon order of the Commission.
4. If the requirement for a bond is satisfied in:
(a) Cash, the Commission shall deposit the money in the State
Treasury for credit to the Account for Bonds of State Gaming Licensees,
which is hereby created in the State Agency Fund for Bonds.
(b) Any other authorized manner, the security must be placed
without restriction at the disposal of the Commission, but any income
must inure to the benefit of the licensee.
(Added to NRS by 1985, 716; A 1987, 187; 1989, 1073; 1991, 925,
1774, 1827)
1. Any person to whom a state license has been issued as provided
in this chapter may, upon proper application to the sheriff if there is
no county license department or to that department of the county wherein
it is proposed that such gaming operation shall be conducted, be issued a
license for each particular device or game or slot machine, upon
compliance with such conditions and regulations as may be imposed by the
county, and on payment to the sheriff or county license department of
license fees as required by law or ordinance.
2. Licenses:
(a) Must be prepared by the county auditor or by the county
comptroller, if such officer is appointed pursuant to NRS 251.170 , and contain such information as is required
by county ordinance.
(b) Must be issued and accounted for as is provided by law with
respect to other county licenses.
(c) Are not transferable by the licensee to any other person.
[23:429:1955]—(NRS A 1959, 440; 1960, 318; 1971, 670; 1979, 737)
1. No county, city or town may grant a gaming license to any
applicant unless the applicant holds a valid state gaming license issued
by the Commission, but the issuance by the Commission of the state gaming
license imposes no requirements upon any such county, city or town to
issue a gaming license to the applicant.
2. Any information that is supplied to a county, city or town by
an applicant or a licensee shall be deemed to be confidential if the
information is confidential pursuant to NRS 463.120 .
[24:429:1955]—(NRS A 1983, 141; 1997, 3315)
1. The Board shall investigate the information required by each
county and city which licenses gaming, and shall prepare a basic form of
application and supporting documents which must include:
(a) A statement concerning the applicant’s personal history;
(b) A questionnaire concerning the amount and sources of the
capital to be invested in the establishment, and his personal financial
statement; and
(c) Any other information which the Board finds is required by all
or a majority of these counties and cities or the State.
Ê In preparing these basic forms the Board shall consider the form which
it requires of applicants for a state gaming license, and to the greatest
extent possible shall so design the forms for local use that a copy or
partial copy of the State’s form supplies the information required.
2. Each county and city which licenses gaming shall use the basic
documents whose form is prescribed by the Board, and may require only
such additional information as is not contained in those documents. Each
county and city is responsible for reproducing blank forms as required.
(Added to NRS by 1981, 693)
1. Except as otherwise provided in this section:
(a) All licenses issued to the same person, including a wholly
owned subsidiary of that person, for the operation of any game, including
a sports pool or race book, which authorize gaming at the same
establishment must be merged into a single gaming license.
(b) A gaming license may not be issued to any person if the
issuance would result in more than one licensed operation at a single
establishment, whether or not the profits or revenue from gaming are
shared between the licensed operations.
2. A person who has been issued a nonrestricted gaming license may
establish a sports pool or race book on the premises of the establishment
at which he conducts a nonrestricted gaming operation only after
obtaining permission from the Commission.
3. A person who has been issued a license to operate a sports pool
or race book at an establishment may be issued a license to operate a
sports pool or race book at another establishment if the second
establishment is operated by a person who has been issued a nonrestricted
license.
4. Nothing in this section limits or prohibits an operator of an
inter-casino linked system from placing and operating such a system on
the premises of two or more gaming licensees and receiving, either
directly or indirectly, any compensation or any percentage or share of
the money or property played from the linked games in accordance with the
provisions of this chapter and the regulations adopted by the Commission.
An inter-casino linked system must not be used to link games other than
slot machines, unless such games are located at an establishment that is
licensed for games other than slot machines.
5. The provisions of this section do not apply to a license to
operate a mobile gaming system or to operate interactive gaming.
(Added to NRS by 1981, 374; A 1985, 2138; 1989, 1096; 1991, 378;
1995, 759; 1999, 953 ; 2001, 3081 ; 2005, 718 )
Nothing contained in this
chapter shall be deemed to affect the powers conferred by the provisions
of the charter or organic law of any county or incorporated city in the
State of Nevada to fix, impose and collect a license tax, and in all such
counties or incorporated cities having such powers the sheriff shall not
issue any such license for the operation of any such slot machine, game
or device within the boundaries of such county or incorporated city until
the applicant shall have first exhibited to him a valid and subsisting
license obtained from such county or incorporated city, located within
his county, permitting the operation of such slot machine, game or device
at the location applied for within the boundaries of such county or
incorporated city.
[25:429:1955]—(NRS A 1959, 441)
1. A license issued pursuant to the provisions of this chapter
must be posted by the licensee and kept posted at all times in a
conspicuous place in the area where gaming is conducted in the
establishment for which the license is issued until it is replaced by a
succeeding license.
2. All licenses may be inspected by authorized state, county, city
and town officials.
[26:429:1955]—(NRS A 1959, 441; 1987, 187; 1991, 926)
1. Subject to the power of the Commission to deny, revoke,
suspend, condition or limit licenses, any state license in force may be
renewed by the Commission for the next succeeding license period upon
proper application for renewal and payment of state license fees and
taxes as required by law and the regulations of the Commission.
2. All state gaming licenses are subject to renewal on the first
day of each January and all quarterly state gaming licenses on the first
day of each calendar quarter thereafter.
3. Application for renewal must be filed with the Commission, and
all state license fees and taxes required by law, including, without
limitation, NRS 368A.200 , 463.370
, 463.373 to 463.3855 , inclusive, 463.660 , 464.015 and
464.040 , must be paid to the Board on
or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must
be made by the operators of the locations where such machines are
situated.
5. Any person failing to pay any state license fees or taxes due
at the times respectively provided shall pay in addition to such license
fees or taxes a penalty of not less than $50 or 25 percent of the amount
due, whichever is the greater, but not more than $1,000 if the fees or
taxes are less than 10 days late and in no case in excess of $5,000. The
penalty must be collected as are other charges, license fees and
penalties under this chapter.
6. Any person who operates, carries on or exposes for play any
gambling game, gaming device or slot machine or who manufactures, sells
or distributes any gaming device, equipment, material or machine used in
gaming after his license becomes subject to renewal, and thereafter fails
to apply for renewal as provided in this section, is guilty of a
misdemeanor and, in addition to the penalties provided by law, is liable
to the State of Nevada for all license fees, taxes and penalties which
would have been due upon application for renewal.
7. If any licensee or other person fails to renew his license as
provided in this section, the Commission may order the immediate closure
of all his gaming activity until the license is renewed by the payment of
the necessary fees, taxes, interest and any penalties. Except for a
license for which fees are based on the gross revenue of the licensee,
failure to renew a license within 30 days after the date required by this
chapter shall be deemed a surrender of the license.
8. The voluntary surrender of a license by a licensee does not
become effective until accepted in the manner provided in the regulations
of the Commission. The surrender of a license does not relieve the former
licensee of any penalties, fines, fees, taxes or interest due.
[27:429:1955]—(NRS A 1959, 441; 1961, 366; 1965, 950, 1033; 1967,
673, 819, 884, 1251; 1969, 187; 1975, 679; 1977, 1405; 1981, 1083; 1983,
214, 1333; 1985, 2138; 1989, 853; 1993, 311; 2003, 20th Special Session,
208 )
Subject to the power of
the Commission to deny, revoke or suspend, condition or limit licenses,
any county license in force on the expiration date thereof may be
replaced by a new license issued by the sheriff if there is no county
license department or by that department upon proper application and
payment of county license fees as required by law, ordinance or
regulation.
[28:429:1955]—(NRS A 1959, 442; 1979, 738)
Every licensee shall at
all times maintain on file with the Commission a current report, verified
by the affidavit of the person or an officer of a corporation to whom the
license is issued, which sets forth such information as may be required
by the regulations of the Commission.
[29:429:1955]—(NRS A 1959, 442; 1993, 186)
It is unlawful for
any person to sell, purchase, lease, hypothecate, borrow or loan money,
or create a voting trust agreement or any other agreement of any sort to
or with any licensee in connection with any gaming operation licensed
under this chapter or with respect to any portion of such gaming
operation, except in accordance with the regulations of the Commission.
[30:429:1955]—(NRS A 1959, 442)
1. Notwithstanding any other provision of law and except as
otherwise provided in this section, the Board may, in its sole and
absolute discretion, allow a licensee to move the location of its
establishment and transfer its restricted or nonrestricted license to:
(a) A location within a redevelopment area created pursuant to
chapter 279 of NRS, if the redevelopment area
is located in the same local governmental jurisdiction as the existing
location of the establishment;
(b) Any other location, if the move and transfer are necessary
because the existing location of the establishment has been taken by the
State or a local government through condemnation or eminent domain in
accordance with a final order of condemnation entered before June 17,
2005; or
(c) In any county other than a county whose population is 100,000
or more but less than 400,000, any other location within the same local
governmental jurisdiction as the existing location of the establishment,
if the move and transfer are necessary because the existing location of
the establishment has been taken by the State or a local government
through condemnation or eminent domain in accordance with a final order
of condemnation entered on or after June 17, 2005.
2. The Board shall not approve a move and transfer pursuant to
subsection 1 unless, before the move and transfer, the licensee receives
all necessary approvals from the local government having jurisdiction
over the location to which the establishment wants to move and transfer
its license.
3. Before a move and transfer pursuant to subsection 1, the Board
may require the licensee to apply for a new license pursuant to the
provisions of this chapter.
4. The provisions of subsection 1 do not apply to an establishment
that is:
(a) A resort hotel; or
(b) Located in a county, city or town which has established one or
more gaming enterprise districts.
(Added to NRS by 1997, 3313; A 2005, 2211 )
1. Any person who operates or maintains in this State any gaming
device of a specific model, any gaming device which includes a
significant modification, any mobile gaming system or any inter-casino
linked system which the Board or Commission has not approved for testing
or for operation is subject to disciplinary action by the Board or
Commission.
2. The Board shall maintain a list of approved gaming devices,
mobile gaming systems and inter-casino linked systems.
3. If the Board suspends or revokes approval of a gaming device
pursuant to the regulations adopted pursuant to subsection 4 or suspends
or revokes approval of a mobile gaming system pursuant to the regulations
adopted pursuant to NRS 463.730 , the
Board may order the removal of the gaming device or mobile gaming system
from an establishment.
4. The Commission shall adopt regulations relating to gaming
devices and their significant modification and inter-casino linked
systems.
(Added to NRS by 1981, 1072; A 1999, 954 ; 2001, 383 ; 2005, 719 )
1. If an operator of an inter-casino linked system makes the
inter-casino linked system available to a nonrestricted licensee, other
than during a trial period, the operator shall also make the inter-casino
linked system available to any other eligible nonrestricted licensee
subject to the provisions of this chapter and reasonable production and
delivery schedules. For purposes of this section, a nonrestricted
licensee shall be deemed to be eligible if the licensee is a Group I
licensee or a Group II licensee, as determined pursuant to the
regulations of the Commission and otherwise meets the requirements of the
Commission regarding locations for games that are part of an inter-casino
linked system.
2. The provisions of subsection 1 do not prevent the imposition by
an operator of an inter-casino linked system of different terms and
conditions, including prices, based on:
(a) The quantity or volume of gaming devices connected to an
inter-casino linked system that are sold or leased to a licensee or to
affiliated licensees by the operator; or
(b) Credit considerations.
(Added to NRS by 1999, 949 )
All wagering
must be conducted with chips, tokens, wagering instruments or other
instrumentalities approved by the Board, or with wagering credits or the
legal tender of the United States.
(Added to NRS by 1981, 1073; A 1985, 2139; 1995, 1498)
NONRESTRICTED GAMING LICENSES IN CERTAIN COUNTIES
1. The Legislature hereby finds that:
(a) According to the United States Bureau of the Census, the State
of Nevada was the fastest-growing state in the United States during the
period from 1990 to 1996, increasing its population by approximately 27
percent.
(b) Forecasters estimate that the State of Nevada will be the
fastest-growing state into the beginning of the 21st century, increasing
its population during the period from 1996 to 2020 by approximately 79
percent.
(c) Approximately 65 percent of the residents of the State of
Nevada currently live in Clark County and that percentage is increasing.
(d) During the period from 1985 to 1995, the population of Clark
County has increased annually by an amount of between 4 and 9 percent.
(e) As the population of Clark County increases, the demand for
safe and peaceful residential neighborhoods increases, and the need to
ensure that such neighborhoods are available in the face of unrelenting
urban growth also increases.
2. The Legislature hereby finds that:
(a) The gaming industry is vital to the economy of this State and
Clark County, and the continued growth and success of gaming is of
critical importance to the general welfare of all the residents of this
State.
(b) A significant part of the continued growth and success of
gaming depends upon the attractiveness, excitement and vitality of the
Las Vegas Strip. To make the Las Vegas Strip more attractive to visitors,
there is a need to promote new development along the Strip and to
concentrate the next generation of resort hotels in a location that is
convenient to visitors, supported by an existing infrastructure and
suitable for the unique and exciting atmosphere of resort hotels.
(c) The concentration of the next generation of large gaming
establishments along the Las Vegas Strip would use land efficiently and
would promote responsible use of financial and natural resources by
encouraging urban development in those areas where the transportation
systems and infrastructure are best suited for such intensive development.
3. The Legislature hereby finds that:
(a) Although the continued growth and success of gaming is
essential to the welfare of Clark County and this State, the growth of
gaming in a planned and predictable manner is necessary for the safety,
integrity and tranquillity of the residential neighborhoods of Clark
County.
(b) By concentrating the growth of gaming in those areas where it
is most appropriate, the gaming industry and residential neighborhoods
will both benefit enormously as those areas best suited for gaming, such
as the Las Vegas Strip, will continue to grow and flourish, and those
areas best suited for residential living, whether existing or planned for
the future, will continue to provide the scenic beauty and safe
environment that is essential for enhancing the quality of life of
families and children.
4. The Legislature hereby declares that:
(a) Because Southern Nevada is the source of a majority of the
revenues generated in this State, the well-being and prosperity of the
State of Nevada as a whole is necessarily dependent on the orderly,
responsible growth of Clark County.
(b) The fact that a single area has such a significant impact on
the rest of the State makes necessary the enactment of a law of special
application to ensure that the various communities within Clark County
will be able to grow in an orderly and responsible manner into the next
century and beyond.
5. The Legislature, therefore, hereby declares that because a
general law cannot be made applicable because of the economic and
geographical diversity of the local governments of this State, the unique
growth patterns in regions controlled by those local governments, and the
special conditions experienced in Clark County as a result of
unrestricted gaming development, it is necessary by special act to
provide a means by which the State of Nevada may ensure that the growth
of gaming within Clark County proceeds in an orderly and responsible
manner, to the benefit of residents of and visitors to this State.
(Added to NRS by 1997, 1703)
3072 to 463.3094 , inclusive. The provisions of NRS 463.3072
to 463.3094 , inclusive, apply to establishments and
gaming enterprise districts that are located in a county whose population
is 400,000 or more.
(Added to NRS by 1997, 1704)
The location of a proposed establishment
shall be deemed to be within the Las Vegas Boulevard gaming corridor if
the property line of the proposed establishment:
1. Is within 1,500 feet of the centerline of Las Vegas Boulevard;
2. Is south of the intersection of Las Vegas Boulevard and that
portion of St. Louis Avenue which is designated State Highway No. 605; and
3. Is adjacent to or north of the northern edge line of State
Highway No. 146.
(Added to NRS by 1997, 1705)
The location of a proposed establishment shall be
deemed to be within the rural Clark County gaming zone if the property
line of the proposed establishment is not within any of the tracts of
land located in the Las Vegas urban growth zone described in NRS 463.3094
.
(Added to NRS by 1997, 1705)
1. The Commission shall not approve a nonrestricted license for an
establishment in a county whose population is 400,000 or more unless the
establishment is located in a gaming enterprise district.
2. The location of an establishment within a gaming enterprise
district may not be expanded unless the expansion of the location of the
establishment is also within a gaming enterprise district.
3. If an establishment is not located within a gaming enterprise
district, the establishment may not increase the number of games or slot
machines operated at the establishment beyond the number of games or slot
machines authorized for such a classification of establishment by local
ordinance on December 31, 1996.
(Added to NRS by 1989, 1391; A 1997, 1711)—(Substituted in revision
for NRS 463.192)
If the location of a proposed establishment:
1. Is within the Las Vegas Boulevard gaming corridor or the rural
Clark County gaming zone; and
2. Is not within a gaming enterprise district,
Ê the Commission shall not approve a nonrestricted license for the
establishment unless the location of the proposed establishment is
designated a gaming enterprise district pursuant to NRS 463.3084 .
(Added to NRS by 1997, 1705)
1. In a county whose population is 400,000 or more, any person
proposing to operate an establishment not located in a gaming enterprise
district may petition the county, city or town having jurisdiction over
the location of the proposed establishment to have the location
designated a gaming enterprise district.
2. The petition must not be granted unless the petitioner
demonstrates that:
(a) The roads, water, sanitation, utilities and related services to
the location are adequate;
(b) The proposed establishment will not unduly impact public
services, consumption of natural resources and the quality of life
enjoyed by residents of the surrounding neighborhoods;
(c) The proposed establishment will enhance, expand and stabilize
employment and the local economy;
(d) The proposed establishment will be located in an area planned
or zoned for that purpose pursuant to NRS 278.010 to 278.630 ,
inclusive; and
(e) The proposed establishment will not be detrimental to the
health, safety or general welfare of the community or be incompatible
with the surrounding area.
3. Any interested person is entitled to be heard at the hearing
held to consider a petition submitted pursuant to this section.
4. A county, city or town that denies a petition submitted
pursuant to this section shall not consider another petition concerning
the same location or any portion thereof for 1 year after the date of the
denial.
(Added to NRS by 1989, 1391)—(Substituted in revision for NRS
463.194)
1. If the location of a proposed establishment:
(a) Is not within the Las Vegas Boulevard gaming corridor or the
rural Clark County gaming zone; and
(b) Is not within a gaming enterprise district,
Ê the Commission shall not approve a nonrestricted license for the
establishment unless the location of the establishment is designated a
gaming enterprise district pursuant to this section.
2. If a person is proposing to operate an establishment with a
nonrestricted license and the location of the proposed establishment:
(a) Is not within the Las Vegas Boulevard gaming corridor or the
rural Clark County gaming zone; and
(b) Is not within a gaming enterprise district,
Ê the person may petition the county, city or town having jurisdiction
over the location of the proposed establishment to designate the location
of the proposed establishment a gaming enterprise district pursuant to
this section.
3. If a person files a petition pursuant to subsection 2, the
county, city or town shall, at least 10 days before the date of the
hearing on the petition, mail a notice of the hearing to:
(a) Each owner of real property whose property line is less than
2,500 feet from the property line of the proposed establishment;
(b) The owner, as listed on the county assessor’s records, of each
of the 30 separately owned parcels nearest the proposed establishment, to
the extent this notice does not duplicate the notice given pursuant to
paragraph (a);
(c) Each tenant of a mobile home park whose property line is less
than 2,500 feet from the property line of the proposed establishment; and
(d) Any advisory board that represents one or more owners of real
property or tenants of a mobile home park whose property line is less
than 2,500 feet from the property line of the proposed establishment.
Ê The notice must be written in language that is easy to understand and
must set forth the date, time, place and purpose of the hearing and
contain a physical description or map of the location of the proposed
establishment. The petitioner shall pay the costs of providing the notice
that is required by this subsection.
4. Any interested person is entitled to be heard at the hearing on
the petition.
5. The county, city or town shall cause the hearing on the
petition to be reported by a court reporter who is certified pursuant to
chapter 656 of NRS. The petitioner shall pay
the costs of having the hearing reported.
6. At the hearing, the petitioner must prove by clear and
convincing evidence that:
(a) The roads, water, sanitation, utilities and related services to
the location are adequate;
(b) The proposed establishment will not unduly impact public
services, consumption of natural resources and the quality of life
enjoyed by residents of the surrounding neighborhoods;
(c) The proposed establishment will enhance, expand and stabilize
employment and the local economy;
(d) The proposed establishment will be located in an area planned
or zoned for that purpose pursuant to NRS 278.010 to 278.630 ,
inclusive;
(e) The proposed establishment will not be detrimental to the
health, safety or general welfare of the community or be incompatible
with the surrounding area;
(f) On the date that the petition was filed, the property line of
the proposed establishment was not less than:
(1) Five hundred feet from the property line of a developed
residential district; and
(2) Fifteen hundred feet from the property line of a public
school, private school or structure used primarily for religious services
or worship; and
(g) The proposed establishment will not adversely affect:
(1) A developed residential district; or
(2) A public school, private school or structure used
primarily for religious services,
Ê whose property line is within 2,500 feet from the property line of the
proposed establishment.
7. A three-fourths vote of the governing body of the county, city
or town is required to grant the petition to designate the location of
the proposed establishment a gaming enterprise district pursuant to this
section.
8. A county, city or town that denies a petition submitted
pursuant to this section shall not consider another petition concerning
the same location or any portion thereof for 1 year after the date of the
denial.
9. As used in this section:
(a) “Developed residential district” means a parcel of land zoned
primarily for residential use in which at least one completed residential
unit has been constructed on the date that the petitioner files a
petition pursuant to this section.
(b) “Private school” has the meaning ascribed to it in NRS 394.103
.
(c) “Public school” has the meaning ascribed to it in NRS 385.007
.
(Added to NRS by 1997, 1705; A 2001, 1453 )
1. After a county, city or town makes a decision on a petition
filed pursuant to NRS 463.3086 :
(a) The petitioner may appeal to the Committee if the petition is
denied; or
(b) An aggrieved party may appeal to the Committee if the petition
is granted.
2. A notice of appeal must be filed with the Committee not later
than 10 days after the date of the decision on the petition.
3. The Committee may hear only one appeal from the decision on the
petition.
4. The Committee shall determine whether a person who files a
notice of appeal is an aggrieved party. If more than one person files a
notice of appeal, the Committee shall consolidate the appeals of all
persons who the Committee determines are aggrieved parties.
5. If the petitioner files a notice of appeal, the county, city or
town that denied the petition shall be deemed to be the opposing party,
and the county, city or town may elect to defend its decision before the
Committee.
6. If a notice of appeal is filed by the petitioner or an
aggrieved party, the petitioner shall request the court reporter to
prepare a transcript of the report of the hearing on the petition, and
the petitioner shall pay the costs of preparing the transcript.
7. The Committee shall consider the appeal not later than 30 days
after the date the notice of appeal is filed. The Committee may accept
written briefs or hear oral arguments, or both. The Committee shall not
receive additional evidence and shall confine its review to the record.
In reviewing the record, the Committee may substitute its judgment for
that of the county, city or town and may make its own determinations as
to the sufficiency and weight of the evidence on all questions of fact or
law.
8. The Committee shall issue its decision and written findings not
later than 30 days after the appeal is heard or is submitted for
consideration without oral argument. The Committee shall affirm or
reverse the decision of the county, city or town and shall grant or deny
the petition in accordance with its affirmance or reversal.
9. Any party to the appeal before the Committee may appeal the
decision of the Committee to grant or deny the petition to the district
court. A party must file such an appeal not later than 20 days after the
date of the decision of the Committee.
10. The Committee may take any action that is necessary to carry
out the provisions of this section. Any action that is taken by the
Committee pursuant to this section must be approved by a majority vote of
the membership of the Committee.
11. As used in this section, “Committee” means the Review Panel of
the Gaming Policy Committee as provided in subsection 6 of NRS 463.021
.
(Added to NRS by 1997, 1706)
1. If a county, city or town has established one or more gaming
enterprise districts before, on or after July 16, 1997, the county, city
or town shall make available for public inspection a map that shows the
location of each gaming enterprise district that the county, city or town
has established within the limits of its jurisdiction.
2. The county, city or town shall update the map at least once
every 4 months.
3. The map is a public record that is subject to the provisions of
chapter 239 of NRS.
(Added to NRS by 1997, 1707)
1. If a parcel of property is not within the Las Vegas Boulevard
gaming corridor, is located in a gaming enterprise district and is not
being used for the operation of an establishment with a nonrestricted
license, a person who owns, leases or controls the property shall erect
and maintain at least one sign that complies with the provisions of
subsection 2 on each frontage of the property that is adjacent to a
county, city or town street or a state highway, if the person intends to
use, sell or lease the property for the operation of an establishment
with a nonrestricted license.
2. A sign that is required to be erected and maintained pursuant
to subsection 1:
(a) Is for informational purposes only and must comply with all
local ordinances and regulations that do not conflict with the provisions
of this subsection and subsection 1;
(b) Must be located not more than 20 feet from the edge of the
street or state highway that it faces;
(c) Must not be less than 32 square feet nor more than 80 square
feet in surface area and must contain lettering that is not less than 6
inches in height;
(d) Must indicate in simple and concise language that the property
is intended to be used for a casino and a resort hotel; and
(e) Must be maintained until the proposed establishment is
substantially completed or the person who owns, leases or controls the
property no longer intends to use, sell or lease the property for the
operation of an establishment with a nonrestricted license.
(Added to NRS by 1997, 1708)
The Las
Vegas urban growth zone consists of the following tracts of land:
1. All of sections 1 through 3, the north half of section 10, and
all of sections 12, 13, 24, 25 and 36, Township 19 South, Range 59 East,
MDM.
2. The south half of section 1 and all of sections 2 through 36,
Township 19 South, Range 60 East, MDM.
3. The south half of section 6, all of section 7 and all of
sections 13 through 36, Township 19 South, Range 61 East, MDM.
4. All of sections 18 through 21, the south half of section 22,
the west half of section 26, all of sections 27 through 34 and the west
half of section 35, Township 19 South, Range 62 East, MDM.
5. All of sections 1 and 12 through 14, the south half of section
15, the southwest quarter of section 20, and all of sections 21 through
29 and 33 through 36, Township 20 South, Range 59 East, MDM.
6. All of Township 20 South, Range 60 East, MDM.
7. All of Township 20 South, Range 61 East, MDM.
8. The west half of section 2, all of sections 3 through 10, the
west half of section 11, the west half of section 14, all of sections 15
through 22, the west half of section 23, the west half of section 26, all
of sections 27 through 34 and the west half of section 35, Township 20
South, Range 62 East, MDM.
9. All of sections 1 and 2, the north half of the northeast
quarter of section 3, and all of sections 11 through 14, 23 through 26
and 36, Township 21 South, Range 59 East, MDM.
10. All of Township 21 South, Range 60 East, MDM.
11. All of Township 21 South, Range 61 East, MDM.
12. The west half of section 2, all of sections 3 through 10, the
west half of section 11, the west half of section 14, all of sections 15
through 22, the west half of the west half of section 23, the south half
of the south half of section 25, and all of sections 26 through 36,
Township 21 South, Range 62 East, MDM.
13. All of sections 27, 31 through 33 and those portions of
sections 26 and 34 north of state route 41, Township 21 South, Range 63
East, MDM.
14. The north half of section 1, Township 22 South, Range 59 East,
MDM.
15. All of sections 1 through 29, the north half of section 30,
all of section 34, the north half and the southeast quarter of section
35, and all of section 36, Township 22 South, Range 60 East, MDM.
16. All of Township 22 South, Range 61 East, MDM.
17. All of sections 1 through 33, Township 22 South, Range 62
East, MDM.
18. All of sections 4 through 9, 16 through 21 and 27 through 34,
Township 22 South, Range 63 East, MDM.
19. All of sections 1 through 6, 8 through 17 and 20 through 24,
Township 23 South, Range 61 East, MDM.
20. All of sections 5 through 8, the west half of section 17, all
of section 18 and those portions of sections 19 and 20 located outside of
the North McCullough Wilderness Study Area as the boundaries of that area
existed on May 1, 1997, Township 23 South, Range 62 East, MDM.
21. The northwest quarter and that portion of the northeast
quarter of section 3 lying northwest of the line connecting the northeast
corner of section 3 with the center of section 3, Township 23 South,
Range 63 East, MDM.
(Added to NRS by 1997, 1708)
DISCIPLINARY ACTIONS
1. The Board shall make appropriate investigations:
(a) To determine whether there has been any violation of this
chapter or chapter 462 , 464 , 465 or 466 of NRS or any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which
it may deem necessary or proper to aid in the enforcement of any such law
or regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation
relating to this chapter or chapter 462 , 464
, 465 or 466
of NRS.
(e) As directed by the Commission.
2. If, after any investigation the Board is satisfied that a
license, registration, finding of suitability, pari-mutuel license or
prior approval by the Commission of any transaction for which the
approval was required or permitted under the provisions of this chapter
or chapter 462 , 464 or 466 of NRS should be
limited, conditioned, suspended or revoked, it shall initiate a hearing
before the Commission by filing a complaint with the Commission in
accordance with NRS 463.312 and
transmit therewith a summary of evidence in its possession bearing on the
matter and the transcript of testimony at any investigative hearing
conducted by or on behalf of the Board.
3. Upon receipt of the complaint of the Board, the Commission
shall review it and all matter presented in support thereof, and shall
conduct further proceedings in accordance with NRS 463.3125 to 463.3145 , inclusive.
4. After the provisions of subsections 1, 2 and 3 have been
complied with, the Commission may:
(a) Limit, condition, suspend or revoke the license of any licensed
gaming establishment or the individual license of any licensee without
affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration, finding
of suitability, pari-mutuel license, or prior approval given or granted
to any applicant by the Commission;
(c) Order a licensed gaming establishment to keep an individual
licensee from the premises of the licensed gaming establishment or not to
pay the licensee any remuneration for services or any profits, income or
accruals on his investment in the licensed gaming establishment; and
(d) Fine each person or entity or both, who was licensed,
registered or found suitable pursuant to this chapter or chapter 464
of NRS or who previously obtained approval
for any act or transaction for which Commission approval was required or
permitted under the provisions of this chapter or chapter 464 of NRS:
(1) Not less than $25,000 nor more than $250,000 for each
separate violation of any regulation adopted pursuant to NRS 463.125
which is the subject of an initial or
subsequent complaint; or
(2) Except as otherwise provided in subparagraph (1) of this
paragraph, not more than $100,000 for each separate violation of the
provisions of this chapter or chapter 464 or
465 of NRS or of the regulations of the
Commission which is the subject of an initial complaint and not more than
$250,000 for each separate violation of the provisions of this chapter or
chapter 464 or 465 of NRS or of the regulations of the Commission which
is the subject of any subsequent complaint.
Ê All fines must be paid to the State Treasurer for deposit in the State
General Fund.
5. For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or
individual licensee, the Commission shall revoke the license of the
establishment or person.
6. If the Commission limits, conditions, suspends or revokes any
license or imposes a fine, or limits, conditions, suspends or revokes any
registration, finding of suitability, pari-mutuel license or prior
approval, it shall issue its written order therefor after causing to be
prepared and filed its written decision upon which the order is based.
7. Any such limitation, condition, revocation, suspension or fine
so made is effective until reversed upon judicial review, except that the
Commission may stay its order pending a rehearing or judicial review upon
such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the Commission
may be had in accordance with NRS 463.315 to 463.318 ,
inclusive.
[31:429:1955]—(NRS A 1959, 442; 1967, 1031; 1969, 464; 1971, 565;
1973, 1269; 1975, 680; 1977, 1432; 1983, 998, 1553; 1985, 1299, 1724;
1991, 2266; 1993, 2121; 1995, 428)
The Commission may
issue an emergency order for suspension, limitation or conditioning of a
license, registration, finding of suitability, pari-mutuel license or
prior approval, or may issue an emergency order requiring a licensed
gaming establishment to keep an individual licensee from the premises of
the licensed gaming establishment or not to pay such licensee any
remuneration for services or any profits, income or accruals on his
investment in the licensed gaming establishment in the following manner:
1. An emergency order may be issued only when the Commission
believes that:
(a) There has been a violation of subsection 2 of NRS 463.360
or NRS 465.083 ;
(b) Such action is necessary to prevent a violation of NRS 465.083
;
(c) There has been a violation of subsection 1 of NRS 463.160
; or
(d) Such action is necessary for the immediate preservation of the
public peace, health, safety, morals, good order or general welfare.
2. The emergency order must set forth the grounds upon which it is
issued, including a statement of facts constituting the alleged emergency
necessitating such action.
3. An emergency order may be issued only with the approval of and
upon signature by not less than three members of the Commission.
4. The emergency order is effective immediately upon issuance and
service upon the licensee or resident agent of the licensee or, in cases
involving registrations, findings of suitability, pari-mutuel licenses or
any prior approval, upon issuance and service upon the person or entity
involved or resident agent of the entity involved. The emergency order
may suspend, limit, condition or take other action in relation to the
license of one or more persons in an operation without affecting other
individual licensees or the licensed gaming establishment. The emergency
order remains effective until further order of the Commission or final
disposition of the case.
5. Within 5 days after issuance of an emergency order, the
Commission shall cause a complaint to be filed and served upon the person
or entity involved in accordance with the provisions of NRS 463.312
.
6. Thereafter, the person or entity against whom the emergency
order has been issued and served is entitled to a hearing before the
Commission in accordance with NRS 463.312 to 463.3145 , inclusive, and to judicial review of the
decision and order of the Commission thereon in accordance with NRS
463.315 to 463.318 , inclusive.
(Added to NRS by 1983, 1568)
1. The complaint referred to in NRS 463.310 and 464.080
must be a written statement of charges which must set forth in ordinary
and concise language the acts or omissions with which the respondent is
charged. It must specify the statutes and regulations which the
respondent is alleged to have violated, but must not consist merely of
charges raised in the language of the statutes or regulations.
2. Upon the filing of the complaint, the Commission shall serve a
copy of the complaint upon the respondent either personally, or by
registered or certified mail at his address on file with the Commission.
3. Except as provided in subsection 4, the respondent must answer
within 20 days after the service of the complaint. In his answer the
respondent:
(a) Must state in short and plain terms his defenses to each claim
asserted.
(b) Must admit or deny the facts alleged in the complaint.
(c) Must state which allegations he is without knowledge or
information to form a belief as to their truth. Such allegations shall be
deemed denied.
(d) Must affirmatively set forth any matter which constitutes an
avoidance or affirmative defense.
(e) May demand a hearing. Failure to demand a hearing constitutes a
waiver of the right to a hearing and to judicial review of any decision
or order of the Commission, but the Commission may order a hearing even
if the respondent so waives his right.
4. Failure to answer or to appear at the hearing constitutes an
admission by the respondent of all facts alleged in the complaint. The
Commission may take action based on such an admission and on other
evidence without further notice to the respondent. If the Commission
takes action based on such an admission, it shall include in the record
which evidence was the basis for the action.
5. The Commission shall determine the time and place of the
hearing as soon as is reasonably practical after receiving the
respondent’s answer. The Commission shall deliver or send by registered
or certified mail a notice of hearing to all parties at least 10 days
before the hearing.
(Added to NRS by 1959, 443; A 1960, 299; 1967, 1032, 1283; 1969,
95; 1975, 681; 1979, 777; 1983, 1555)
1. Before a hearing before the Commission, and during a hearing
upon reasonable cause shown, the Commission shall issue subpoenas and
subpoenas duces tecum at the request of a party. All witnesses appearing
pursuant to subpoena, other than parties, officers or employees of the
State of Nevada or any political subdivision thereof, are entitled to
receive fees and mileage in the same amounts and under the same
circumstances as provided by law for witnesses in civil actions in the
district courts. Witnesses entitled to fees or mileage who attend
hearings at points so far removed from their residences as to prohibit
return thereto from day to day are entitled, in addition to witness fees
and in lieu of mileage, to the per diem compensation for subsistence and
transportation authorized for state officers and employees for each day
of actual attendance and for each day necessarily occupied in traveling
to and from the hearings. Fees, subsistence and transportation expenses
must be paid by the party at whose request the witness is subpoenaed. The
Commission may award as costs the amount of all such expenses to the
prevailing party.
2. The testimony of any material witness residing within or
without the State of Nevada may be taken by deposition in the manner
provided by the Nevada Rules of Civil Procedure.
(Added to NRS by 1983, 1569; A 1985, 426)
1. At all hearings before the Commission other than investigative
hearings:
(a) Oral evidence may be taken only upon oath or affirmation
administered by the Commission.
(b) Every party has the right to:
(1) Call and examine witnesses;
(2) Introduce exhibits relevant to the issues of the case,
including the transcript of testimony at any investigative hearing
conducted by or on behalf of the Board or the Commission;
(3) Cross-examine opposing witnesses on any matters relevant
to the issues of the case, even though the matter was not covered in a
direct examination;
(4) Impeach any witness regardless of which party first
called him to testify; and
(5) Offer rebuttal evidence.
(c) If the respondent does not testify in his own behalf, he may be
called and examined as if under cross-examination.
(d) The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence may be admitted
and is sufficient in itself to support a finding if it is the sort of
evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of such
evidence over objection in a civil action.
(e) The parties or their counsel may by written stipulation agree
that certain specified evidence may be admitted even though such evidence
might otherwise be subject to objection.
2. The Commission may take official notice of any generally
accepted information or technical or scientific matter within the field
of gaming, and of any other fact which may be judicially noticed by the
courts of this state. The parties must be informed of any information,
matters or facts so noticed, and must be given a reasonable opportunity,
on request, to refute such information, matters or facts by evidence or
by written or oral presentation of authorities, the manner of such
refutation to be determined by the Commission.
3. Affidavits may be received in evidence at any hearing of the
Commission in accordance with the following:
(a) The party wishing to use an affidavit must, not less than 10
days before the day set for hearing, serve upon the opposing party or
counsel, either personally or by registered or certified mail, a copy of
the affidavit which he proposes to introduce in evidence together with a
notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service,
mails or delivers to the proponent a request to cross-examine the
affiant, his right to cross-examine the affiant is waived and the
affidavit, if introduced in evidence, must be given the same effect as if
the affiant had testified orally. If an opportunity to cross-examine an
affiant is not afforded after request therefor is made in accordance with
this paragraph, the affidavit may be introduced in evidence, but must be
given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) must be substantially
in the following form:
The accompanying affidavit of (here insert name of affiant) will
be introduced as evidence at the hearing set for the ........ day of the
month of ………. of the year …… (Here insert name of affiant) will not be
called to testify orally and you will not be entitled to question him
unless you notify the undersigned that you wish to cross-examine him. To
be effective your request must be mailed or delivered to the undersigned
on or before 7 days from the date this notice and the enclosed affidavit
are served upon you.
(Party or Counsel)
(Address)
(Added to NRS by 1983, 1569; A 2001, 53 )
The following procedures apply at all hearings of the
Commission other than investigative hearings:
1. At least three members of the Commission shall be present at
every hearing, and they shall exercise all powers relating to the conduct
of the hearing and shall enforce all decisions with respect thereto.
2. The proceedings at the hearing must be reported either
stenographically or by a phonographic reporter.
(Added to NRS by 1983, 1571)
The Commission
may, before submission of the case for decision, permit the filing of
amended or supplemental pleadings and shall notify all parties thereof,
and provide a reasonable opportunity for objections thereto.
(Added to NRS by 1983, 1571)
If any person in proceedings before the
Commission disobeys or resists any lawful order or refuses to respond to
a subpoena, or refuses to take the oath or affirmation as a witness or
thereafter refuses to be examined, or is guilty of misconduct during the
hearing or so near the place thereof as to obstruct the proceeding, the
Commission may certify the facts to the district court in and for the
county where the proceedings are held. The court shall thereupon issue an
order directing the person to appear before the court and show cause why
he should not be punished as for contempt. The court order and a copy of
the statement of the Commission must be served on the person cited to
appear. Thereafter the court has jurisdiction of the matter, and the same
proceedings must be had, the same penalties may be imposed and the person
charged may purge himself of the contempt in the same way as in the case
of a person who has committed a contempt in the trial of a civil action
before a district court.
(Added to NRS by 1983, 1571)
1. After the hearing of a contested matter, the Commission shall
render a written decision on the merits which must contain findings of
fact, a determination of the issues presented and the penalty to be
imposed, if any. The Commission shall thereafter make and enter its
written order in conformity to its decision. No member of the Commission
who did not hear the evidence may vote on the decision. The affirmative
votes of a majority of the whole Commission are required to impose any
penalty. Copies of the decision and order must be served on the parties
personally or sent to them by registered or certified mail. The decision
is effective upon such service, unless the Commission orders otherwise.
2. The Commission may, upon motion made within 10 days after
service of a decision and order, order a rehearing before the Commission
upon such terms and conditions as it may deem just and proper if a
petition for judicial review of the decision and order has not been
filed. The motion must not be granted except upon a showing that there is
additional evidence which is material and necessary and reasonably
calculated to change the decision of the Commission, and that sufficient
reason existed for failure to present the evidence at the hearing of the
Commission. The motion must be supported by an affidavit of the moving
party or his counsel showing with particularity the materiality and
necessity of the additional evidence and the reason why it was not
introduced at the hearing. Upon rehearing, rebuttal evidence to the
additional evidence must be permitted. After rehearing, the Commission
may modify its decision and order as the additional evidence may warrant.
(Added to NRS by 1983, 1571)
1. Any person aggrieved by a final decision or order of the
Commission made after hearing or rehearing by the Commission pursuant to
NRS 463.312 to 463.3145 , inclusive, and whether or not a petition for
rehearing was filed, may obtain a judicial review thereof in the district
court of the county in which the petitioner resides or has his or its
principal place of business.
2. The judicial review must be instituted by filing a petition
within 20 days after the effective date of the final decision or order. A
petition may not be filed while a petition for rehearing or a rehearing
is pending before the Commission. The petition must set forth the order
or decision appealed from and the grounds or reasons why petitioner
contends a reversal or modification should be ordered.
3. Copies of the petition must be served upon the Commission and
all other parties of record, or their counsel of record, either
personally or by certified mail.
4. The court, upon a proper showing, may permit other interested
persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition does not stay enforcement of the
decision or order of the Commission, but the Commission itself may grant
a stay upon such terms and conditions as it deems proper.
6. If judicial review is sought in any case in which a supervisor
has been appointed pursuant to NRS 463B.010 to 463B.280 , inclusive, the district court shall give
priority to that review over other civil actions.
(Added to NRS by 1959, 448; A 1979, 809; 1983, 1561)
1. Upon written request of petitioner and upon payment of such
reasonable costs and fees as the Commission may prescribe, the complete
record on review, or such parts thereof as are designated by the
petitioner, must be prepared by the Commission.
2. The complete record on review must include copies of:
(a) All pleadings in the case;
(b) All notices and interim orders issued by the Commission in
connection with the case;
(c) All stipulations;
(d) The decision and order appealed from;
(e) A transcript of all testimony, evidence and proceedings at the
hearing;
(f) The exhibits admitted or rejected; and
(g) Any other papers in the case.
Ê The original of any document may be used in lieu of a copy thereof. The
record on review may be shortened by stipulation of all parties to the
review proceedings.
3. The record on review must be filed with the reviewing court
within 30 days after service of the petition for review, but the court
may allow the Commission additional time to prepare and transmit the
record on review.
(Added to NRS by 1983, 1572)
1. The reviewing court may, upon motion therefor, order that
additional evidence in the case be taken by the Commission upon such
terms and conditions as the court deems just and proper. The motion must
not be granted except upon a showing that the additional evidence is
material and necessary and that sufficient reason existed for failure to
present the evidence at the hearing of the Commission. The motion must be
supported by an affidavit of the moving party or his counsel showing with
particularity the materiality and necessity of the additional evidence
and the reason why it was not introduced in the administrative hearing.
Rebuttal evidence to the additional evidence must be permitted. In cases
in which additional evidence is presented to the Commission, the
Commission may modify its decisions and orders as the additional evidence
may warrant and shall file with the reviewing court a transcript of the
additional evidence together with any modifications of the decision and
order, all of which become a part of the record on review.
2. The review must be conducted by the court sitting without a
jury, and must not be a trial de novo but is confined to the record on
review. The filing of briefs and oral argument must be made in accordance
with the rules governing appeals in civil cases unless the local rules of
practice adopted in the judicial district provide a different procedure.
3. The reviewing court may affirm the decision and order of the
Commission, or it may remand the case for further proceedings or reverse
the decision if the substantial rights of the petitioner have been
prejudiced because the decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the
Commission;
(c) Made upon unlawful procedure;
(d) Unsupported by any evidence; or
(e) Arbitrary or capricious or otherwise not in accordance with law.
(Added to NRS by 1983, 1572; A 1991, 2145)
1. Any party aggrieved by the final decision in the district court
after a review of the decision and order of the Commission may appeal to
the Supreme Court in the manner and within the time provided by law for
appeals in civil cases. The Supreme Court shall follow the same procedure
thereafter as in appeals in civil actions, and may affirm, reverse or
modify the decision as the record and law warrant.
2. The judicial review by the district and Supreme Courts afforded
in this chapter is the exclusive method of review of the Commission’s
actions, decisions and orders in disciplinary hearings held pursuant to
NRS 463.310 to 463.3145 , inclusive. Judicial review is not available
for actions, decisions and orders of the Commission relating to the
denial of a license or to limited or conditional licenses. Extraordinary
common-law writs or equitable proceedings are available except where
statutory judicial review is made exclusive or is precluded, or the use
of those writs or proceedings is precluded by specific statute.
(Added to NRS by 1983, 1573; A 1985, 2139)
MISCELLANEOUS PROVISIONS
[Effective through June 30, 2007.]
1. All gaming license fees imposed by the provisions of NRS
463.370 , 463.373 to 463.383 ,
inclusive, and 463.3855 must be
collected and disposed of as provided in this section.
2. All state gaming license fees and penalties must be collected
by the Commission and paid over immediately to the State Treasurer to be
disposed of as follows:
(a) Except as otherwise provided in paragraphs (c), (d) and (e),
all state gaming license fees and penalties other than the license fees
imposed by the provisions of NRS 463.380 must be deposited for credit to the State
General Fund.
(b) All state gaming license fees imposed by the provisions of NRS
463.380 must, after deduction of costs
of administration and collection, be divided equally among the various
counties and transmitted to the respective county treasurers. Such fees,
except as otherwise provided in this section, must be deposited by the
county treasurer in the county general fund and be expended for county
purposes. If the board of county commissioners desires to apportion and
allocate all or a portion of such fees to one or more cities or towns
within the county, the board of county commissioners shall, annually,
before the preparation of the city or town budget or budgets as required
by chapter 354 of NRS, adopt a resolution so
apportioning and allocating a percentage of such fees anticipated to be
received during the coming fiscal year to such city or cities or town or
towns for the next fiscal year commencing July 1. After the adoption of
the resolution, the percentage so apportioned and allocated must be
converted to a dollar figure and included in the city or town budget or
budgets as an estimated receipt for the next fiscal year. Quarterly, upon
receipt of the money from the State, the county treasurer shall deposit
an amount of money equal to the percentage so apportioned and allocated
to the credit of the city or town fund to be used for city or town
purposes, and the balance remaining must be deposited in the county
general fund and must be expended for county purposes.
(c) One twenty-fifth of the license fee imposed by the provisions
of NRS 463.370 on gross revenue which
exceeds $134,000 per calendar month that is paid pursuant to subsection 2
of NRS 464.045 by persons licensed to
conduct off-track pari-mutuel wagering must, after the deduction of costs
of administration and collection, be allocated pro rata among the
counties in this State whose population is less than 100,000 in which
on-track pari-mutuel wagering is conducted. The allocation must be based
upon the amounts paid from each such county pursuant to subsection 2 of
NRS 466.125 and transmitted to the
respective county treasurers. Money received by a county treasurer
pursuant to this paragraph must be deposited in the county general fund
and expended to augment any stakes, purses or rewards which are offered
with respect to horse races conducted in that county by a state fair
association, agricultural society or county fair and recreation board.
(d) Ten percent of the amount of the license fee imposed by the
provisions of NRS 463.370 that is paid
pursuant to subsection 2 of NRS 464.045
by persons licensed to conduct off-track pari-mutuel wagering which
exceeds $5,036,938 per calendar year must, after the deduction of costs
of administration and collection, be allocated pro rata among the
counties in this State whose population is less than 100,000 in which
on-track pari-mutuel wagering is conducted. The allocation must be based
upon the amounts paid from each such county pursuant to subsection 2 of
NRS 466.125 and must be transmitted to
the respective county treasurers as provided in this paragraph. On March
1 of each year, the Board shall calculate the amount of money to be
allocated to the respective county treasurers and notify the State
Treasurer of the appropriate amount of each allocation. The State
Treasurer shall transfer the money to the respective county treasurers.
Money received by a county treasurer pursuant to this paragraph must be
deposited in the county general fund and expended to augment any stakes,
purses or rewards which are offered with respect to horse races conducted
in that county by a state fair association, agricultural society or
county fair and recreation board.
(e) The Commission shall deposit quarterly in the Revolving Account
to Support Programs for the Prevention and Treatment of Problem Gambling
created by NRS 458A.090 :
(1) For the Fiscal Year 2005-2006, an amount equal to $1 for
each slot machine that is subject to the license fee imposed pursuant to
NRS 463.373 and 463.375 and collected by the Commission; and
(2) For the Fiscal Year 2006-2007, an amount equal to $2 for
each slot machine that is subject to the license fee imposed pursuant to
NRS 463.373 and 463.375 and collected by the Commission.
[32:429:1955]—(NRS A 1957, 784; 1959, 450, 762; 1960, 330; 1963,
521; 1965, 747; 1967, 820, 885; 1969, 642; 1979, 738, 1403; 1983, 141,
1335; 2003, 3406 ; 2005, 1530 )
[Effective July 1, 2007.]
1. All gaming license fees imposed by the provisions of NRS
463.370 , 463.373 to 463.383 ,
inclusive, and 463.3855 must be
collected and disposed of as provided in this section.
2. All state gaming license fees and penalties must be collected
by the Commission and paid over immediately to the State Treasurer to be
disposed of as follows:
(a) Except as otherwise provided in paragraphs (c) and (d), all
state gaming license fees and penalties other than the license fees
imposed by the provisions of NRS 463.380 must be deposited for credit to the State
General Fund.
(b) All state gaming license fees imposed by the provisions of NRS
463.380 must, after deduction of costs
of administration and collection, be divided equally among the various
counties and transmitted to the respective county treasurers. Such fees,
except as otherwise provided in this section, must be deposited by the
county treasurer in the county general fund and be expended for county
purposes. If the board of county commissioners desires to apportion and
allocate all or a portion of such fees to one or more cities or towns
within the county, the board of county commissioners shall, annually,
before the preparation of the city or town budget or budgets as required
by chapter 354 of NRS, adopt a resolution so
apportioning and allocating a percentage of such fees anticipated to be
received during the coming fiscal year to such city or cities or town or
towns for the next fiscal year commencing July 1. After the adoption of
the resolution, the percentage so apportioned and allocated must be
converted to a dollar figure and included in the city or town budget or
budgets as an estimated receipt for the next fiscal year. Quarterly, upon
receipt of the money from the State, the county treasurer shall deposit
an amount of money equal to the percentage so apportioned and allocated
to the credit of the city or town fund to be used for city or town
purposes, and the balance remaining must be deposited in the county
general fund and must be expended for county purposes.
(c) One twenty-fifth of the license fee imposed by the provisions
of NRS 463.370 on gross revenue which
exceeds $134,000 per calendar month that is paid pursuant to subsection 2
of NRS 464.045 by persons licensed to
conduct off-track pari-mutuel wagering must, after the deduction of costs
of administration and collection, be allocated pro rata among the
counties in this State whose population is less than 100,000 in which
on-track pari-mutuel wagering is conducted. The allocation must be based
upon the amounts paid from each such county pursuant to subsection 2 of
NRS 466.125 and transmitted to the
respective county treasurers. Money received by a county treasurer
pursuant to this paragraph must be deposited in the county general fund
and expended to augment any stakes, purses or rewards which are offered
with respect to horse races conducted in that county by a state fair
association, agricultural society or county fair and recreation board.
(d) Ten percent of the amount of the license fee imposed by the
provisions of NRS 463.370 that is paid
pursuant to subsection 2 of NRS 464.045
by persons licensed to conduct off-track pari-mutuel wagering which
exceeds $5,036,938 per calendar year must, after the deduction of costs
of administration and collection, be allocated pro rata among the
counties in this State whose population is less than 100,000 in which
on-track pari-mutuel wagering is conducted. The allocation must be based
upon the amounts paid from each such county pursuant to subsection 2 of
NRS 466.125 and must be transmitted to
the respective county treasurers as provided in this paragraph. On March
1 of each year, the Board shall calculate the amount of money to be
allocated to the respective county treasurers and notify the State
Treasurer of the appropriate amount of each allocation. The State
Treasurer shall transfer the money to the respective county treasurers.
Money received by a county treasurer pursuant to this paragraph must be
deposited in the county general fund and expended to augment any stakes,
purses or rewards which are offered with respect to horse races conducted
in that county by a state fair association, agricultural society or
county fair and recreation board.
[32:429:1955]—(NRS A 1957, 784; 1959, 450, 762; 1960, 330; 1963,
521; 1965, 747; 1967, 820, 885; 1969, 642; 1979, 738, 1403; 1983, 141,
1335; 2003, 3406 ; 2005, 1530 , effective July 1, 2007)
In a county whose
population is less than 400,000:
1. The county license department, or the sheriff if there is no
county license department, shall collect all county license fees, and no
license money paid to the sheriff or county license department may be
refunded, whether the slot machine, game or device for which the license
was issued has voluntarily ceased or its license has been revoked or
suspended, or for any other reason. The sheriff in his county or the
county license department shall demand that all persons required to
procure county licenses in accordance with this chapter take out and pay
for the licenses, and the sheriff if there is no county license
department is liable on his official bond for all money due for the
licenses remaining uncollected by reason of his negligence.
2. If the county has no county license department, the sheriff
shall, on or before the fifth day of each month, pay over to the county
treasurer all money received by him for licenses and take from the county
treasurer a receipt therefor, and he shall immediately on the same day
return to the county auditor all licenses not issued or disposed of by
him as is provided by law with respect to other county licenses.
3. If the county has a county license department, all money
received for county gaming licenses must be paid over to the county
treasurer at the time and in the manner prescribed by county ordinance.
4. All money received for county gaming licenses under this
chapter must be retained by the county treasurer for credit to the county
general fund, except:
(a) Where the license is collected within the boundaries of any
incorporated city, the county shall retain 25 percent of the money, and
the incorporated city is entitled to 75 percent of the money, which must
be paid into the general fund of the incorporated city.
(b) Where the license is collected within the boundaries of any
unincorporated town under the control of the board of county
commissioners pursuant to chapter 269 of NRS,
the county shall retain 25 percent of the money, and 75 percent of the
money must be placed in the town government fund for the general use and
benefit of the unincorporated town.
(Added to NRS by 1979, 1406; A 1983, 141; 1987, 1723; 1997, 1298)
In a county whose
population is 400,000 or more:
1. The county license department, or the sheriff if there is no
county license department, shall collect all county license fees, and no
license money paid to the sheriff or county license department may be
refunded, whether the slot machine, game or device for which the license
was issued has voluntarily ceased or its license has been revoked or
suspended, or for any other reason. The sheriff in his county or the
county license department shall demand that all persons required to
procure county licenses in accordance with this chapter take out and pay
for the licenses, and the sheriff, if there is no county license
department, is liable on his official bond for all money due for the
licenses remaining uncollected by reason of his negligence.
2. If the county has no county license department, the sheriff
shall, on or before the fifth day of each month, pay over to the county
treasurer all money received by him for licenses and take from the county
treasurer a receipt therefor, and he shall immediately on the same day
return to the county auditor all licenses not issued or disposed of by
him as is provided by law with respect to other county licenses.
3. If the county has a county license department, all money
received for county gaming licenses must be paid over to the county
treasurer at the time and in the manner prescribed by county ordinance.
4. All money received for county gaming licenses under this
chapter must be apportioned by the county treasurer in the following
manner:
(a) Where the license is collected within the boundaries of any
incorporated city, the money must be paid into the general fund of the
incorporated city.
(b) Where the license is collected within the boundaries of any
unincorporated town under the control of the board of county
commissioners pursuant to chapter 269 of NRS,
the money must be placed in the town government fund for the general use
and benefit of the unincorporated town.
(c) Where the license is collected outside the boundaries of any
incorporated city or unincorporated town under the control of the board
of county commissioners pursuant to chapter 269 of NRS, the money must be retained by the county
treasurer for credit to the county general fund.
(Added to NRS by 1997, 1297)
The Executive Director of
the Department of Taxation shall decrease the rate of property tax
otherwise allowed to be levied pursuant to chapter 354 of NRS by each incorporated city in a county whose
population is 400,000 or more, and each such incorporated city shall
accordingly decrease its property tax levy, for each fiscal year in which
money will be distributed pursuant to NRS 463.325 , by an amount which when multiplied by the
assessed valuation of the incorporated city for the previous fiscal year
would produce revenue equal to 25 percent of the amount allocated to the
incorporated city pursuant to NRS 463.325 in the fiscal year in which the distribution
will be received.
(Added to NRS by 1997, 1298)
1. Costs of administration of this chapter incurred by the
Commission and the State Gaming Control Board must be paid from the State
General Fund on claims presented by the Commission and the Board,
respectively, and approved and paid as other claims against the State are
paid. The Commission and the Board shall comply with the provisions of
the State Budget Act in order that legislative authorization for budgeted
expenditures may be provided.
2. In order to facilitate the confidential investigation of
violations of this chapter and the regulations adopted by the Commission
pursuant to this chapter, there is hereby created the State Gaming
Control Board Revolving Account. Upon the written request of the Chairman
of the Board, the State Controller shall draw his warrant in favor of the
Chairman in the amount of $10,000, and upon presentation of the warrant
to the State Treasurer, he shall pay it. When the warrant is paid, the
Chairman shall deposit the $10,000 in a bank or credit union of reputable
standing which shall secure the deposit with a depository bond
satisfactory to the State Board of Examiners.
3. The Chairman of the Board may use the Revolving Account to pay
the reasonable expenses of agents and employees of the Board engaged in
confidential investigations concerning the enforcement of this chapter,
including the prepayment of expenses where necessary, whether such
expenses are incurred for investigation of known or suspected violations.
In allowing such expenses, the Chairman is not limited or bound by the
provisions of NRS 281.160 .
4. After the expenditure of money from the Revolving Account, the
Chairman of the Board shall present a claim to the State Board of
Examiners for the amount of the expenditure to be replaced in the
Revolving Account. The claim must be allowed and paid as are other claims
against the State, but the claim must not detail the investigation made
as to the agent or employee making the investigation or the person or
persons investigated. If the State Board of Examiners is not satisfied
with the claim, the members thereof may orally examine the Chairman
concerning the claim.
5. Expenditures from the Revolving Account may not exceed the
amount authorized by the Legislature in any fiscal year.
[33:429:1955]—(NRS A 1959, 451; 1960, 304; 1961, 663; 1963, 691;
1969, 235, 736; 1977, 4; 1979, 782; 1983, 1530; 1999, 1499 ; 2003, 629 )
1. An Investigative Fund is hereby created as an enterprise fund
for the purposes of paying all expenses incurred by the Board and the
Commission for investigation of an application for a license, finding of
suitability or approval under the provisions of this chapter. The special
revenue of the Investigative Fund is the money received by the State from
the respective applicants. The amount to be paid by each applicant is the
amount determined by the Board in each case, but the Board may not charge
any amount to an applicant for a finding of suitability to be associated
with a gaming enterprise pursuant to paragraph (a) of subsection 2 of NRS
463.167 .
2. Expenses may be advanced from the Investigative Fund by the
Chairman, and expenditures from the Fund may be made without regard to
NRS 281.160 . Any money received from
the applicant in excess of the costs and charges incurred in the
investigation or the processing of the application must be refunded
pursuant to regulations adopted by the Board and the Commission. At the
conclusion of the investigation, the Board shall give to the applicant a
written accounting of the costs and charges so incurred.
3. Within 3 months after the end of a fiscal year, the amount of
the balance in the Fund in excess of $2,000 must be deposited in the
State General Fund.
(Added to NRS by 1971, 834; A 1977, 1434; 1983, 243, 1531; 2001,
2754 )
1. The Account for Investigating Cash Transactions of Gaming
Licensees is hereby created in the Investigative Fund. The Account is a
continuing account and its money does not revert to the State General
Fund at any time.
2. The money in the Account must be used by the Board to conduct
undercover investigations related to alleged or suspected violations of
regulations concerning cash transactions of gaming licensees.
3. Claims against the Account which are approved by the Board must
be paid as other claims against the State are paid.
(Added to NRS by 1989, 567; A 1991, 1775)
1. The Legislature finds that, to protect and promote the health,
safety, morals, good order and general welfare of the inhabitants of the
State of Nevada and to carry out the policy declared in NRS 463.0129
, it is necessary that the Board:
(a) Ascertain and keep itself informed of the identity, prior
activities and present location of all gaming employees and independent
agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. Except as otherwise provided in subsection 4, a person may not
be employed as a gaming employee or serve as an independent agent unless
he is temporarily registered or registered as a gaming employee pursuant
to this section. An applicant for registration or renewal of registration
as a gaming employee must file an application for registration or renewal
of registration with the Board. Whenever a registered gaming employee,
whose registration has not expired, has not been objected to by the
Board, or has not been suspended or revoked becomes employed as a gaming
employee at another or additional gaming establishment, he must file a
change of employment notice within 10 days with the Board. The
application for registration and change of employment notice must be
filed through the licensee for whom the applicant will commence or
continue working as a gaming employee, unless otherwise filed with the
Board as prescribed by regulation of the Commission.
3. The Board shall prescribe the forms for the application for
registration as a gaming employee and the change of employment notice.
4. An independent agent is not required to be registered as a
gaming employee if he is not a resident of this State and has registered
with the Board in accordance with the provisions of the regulations
adopted by the Commission.
5. A complete application for registration or renewal of
registration as a gaming employee or a change of employment notice
received by a licensee must be mailed or delivered to the Board within 5
business days of receipt unless the date is administratively extended by
the Chairman of the Board for good cause. A licensee is not responsible
for the accuracy or completeness of any application for registration or
renewal of registration as a gaming employee or any change of employment
notice.
6. The Board shall immediately conduct an investigation of each
person who files an application for registration or renewal of
registration as a gaming employee to determine whether he is eligible for
registration as a gaming employee. In conducting the investigation, two
complete sets of the applicant’s fingerprints must be submitted to the
Central Repository for Nevada Records of Criminal History for:
(a) A report concerning the criminal history of the applicant; and
(b) Submission to the Federal Bureau of Investigation for a report
concerning the criminal history of the applicant.
Ê The investigation need not be limited solely to consideration of the
results of the report concerning the criminal history of the applicant.
The fee for processing an application for registration or renewal of
registration as a gaming employee may be charged only to cover the actual
investigative and administrative costs related to processing the
application and the fees charged by the Central Repository for Nevada
Records of Criminal History and the Federal Bureau of Investigation to
process the fingerprints of an applicant pursuant to this subsection.
7. Upon receipt of a change of employment notice, the Board may
conduct any investigations of the gaming employee that the Board deems
appropriate to determine whether the gaming employee may remain
registered as a gaming employee. The filing of a change of employment
notice constitutes an application for registration as a gaming employee,
and if the Board, after conducting its investigation, suspends or objects
to the continued registration of the gaming employee, the provisions of
subsections 11 to 17, inclusive, apply to such suspension by or objection
of the Board. No fee may be charged by the Board to cover the actual
investigative and administrative costs related to processing a change of
employment notice.
8. Except as otherwise prescribed by regulation of the Commission,
an applicant for registration or renewal of registration as a gaming
employee is deemed temporarily registered as a gaming employee as of the
date a complete application for registration or renewal of registration
is submitted to the licensee for which he will commence or continue
working as a gaming employee. Unless objected to by the Board or
suspended or revoked, the initial registration of an applicant as a
gaming employee expires 5 years after the date employment commences with
the applicable licensee or, in the case of an independent agent, 5 years
after the date he contracts with an applicable licensee. Any subsequent
renewal of registration as a gaming employee, unless objected to by the
Board or suspended or revoked, expires 5 years after the expiration date
of the most recent registration or renewal of registration of the gaming
employee.
9. If, within 120 days after receipt by the Board of a complete
application for registration or renewal of registration as a gaming
employee, including classifiable fingerprints, or a change of employment
notice, the Board has not notified the applicable licensee of any
suspension or objection, the applicant shall be deemed to be registered
as a gaming employee. A complete application for registration or renewal
of registration as a gaming employee is composed of:
(a) The fully completed form for application for registration as a
gaming employee prescribed in subsection 3;
(b) Two complete sets of the fingerprints of the applicant, unless
directly forwarded electronically or by another means to the Central
Repository for Nevada Records of Criminal History;
(c) The fee for processing the application for registration or
renewal of registration as a gaming employee prescribed by the Board
pursuant to subsection 6, unless otherwise prescribed by regulation of
the Commission; and
(d) A completed statement as prescribed in subsections 1 and 2 of
NRS 463.3351 .
Ê If the Board determines after receiving an application for registration
or renewal of registration as a gaming employee that the application is
incomplete, the Board may suspend the temporary registration as a gaming
employee of the applicant who filed the incomplete application. An
applicant whose temporary registration is suspended shall not be eligible
to work as a gaming employee until such time as he files a complete
application.
10. A person who is temporarily registered or registered as a
gaming employee is eligible for employment in any licensed gaming
establishment in this State until such registration is objected to by the
Board, expires or is suspended or revoked. The Commission shall adopt
regulations to:
(a) Establish uniform procedures for the registration of gaming
employees;
(b) Establish uniform criteria for objection by the Board of an
application for registration; and
(c) Provide for the creation and maintenance of a system of records
that contain information regarding the current place of employment of
each person who is registered as a gaming employee and each person whose
registration as a gaming employee has expired, was objected to by the
Board, or was suspended or revoked. The system of records must be
accessible by:
(1) Licensees for the limited purpose of complying with
subsection 2; and
(2) The Central Repository for Nevada Records of Criminal
History for the limited purpose of complying with NRS 179D.570 .
11. If the Board, within the 120-day period prescribed in
subsection 9, notifies:
(a) The applicable licensee; and
(b) The applicant,
Ê that the Board suspends or objects to the temporary registration of an
applicant as a gaming employee, the licensee shall immediately terminate
the applicant from employment or reassign him to a position that does not
require registration as a gaming employee. The notice of suspension or
objection by the Board which is sent to the applicant must include a
statement of the facts upon which the Board relied in making its
suspension or objection.
12. Any person whose application for registration or renewal of
registration as a gaming employee has been suspended or objected to by
the Board may, not later than 60 days after receiving notice of the
suspension or objection, apply to the Board for a hearing. A failure of a
person whose application has been objected to or suspended to apply for a
hearing within 60 days or his failure to appear at a hearing of the Board
conducted pursuant to this section shall be deemed to be an admission
that the suspension or objection is well-founded, and the failure
precludes administrative or judicial review. At the hearing, the Board
shall take any testimony deemed necessary. After the hearing, the Board
shall review the testimony taken and any other evidence, and shall,
within 45 days after the date of the hearing, mail to the applicant its
decision sustaining or reversing the suspension or the objection to the
registration of the applicant as a gaming employee.
13. The Board may suspend or object to the registration of an
applicant as a gaming employee for any cause deemed reasonable by the
Board. The Board may object to or suspend the registration if the
applicant has:
(a) Failed to disclose or misstated information or otherwise
attempted to mislead the Board with respect to any material fact
contained in the application for registration as a gaming employee;
(b) Knowingly failed to comply with the provisions of this chapter
or chapter 463B , 464 or 465 of NRS or the
regulations of the Commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral
turpitude, embezzlement or larceny or any violation of any law pertaining
to gaming, or any crime which is inimical to the declared policy of this
State concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a
felony or gross misdemeanor in this State or an offense in another state
or jurisdiction which would be a felony or gross misdemeanor if committed
in this State and which relates to the applicant’s suitability or
qualifications to work as a gaming employee;
(e) Been identified in the published reports of any federal or
state legislative or executive body as being a member or associate of
organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any
federal, state or municipal law enforcement authority; or
(g) Had registration as a gaming employee revoked or committed any
act which is a ground for the revocation of registration as a gaming
employee or would have been a ground for revoking registration as a
gaming employee if the applicant had then been registered as a gaming
employee.
Ê If the Board registers or does not suspend or object to the
registration of an applicant as a gaming employee, it may specially limit
the period for which the registration is valid, limit the job
classifications for which the registered gaming employee may be employed
and establish such individual conditions for the renewal and
effectiveness of the registration as the Board deems appropriate,
including required submission to unscheduled tests for the presence of
alcohol or controlled substances.
14. Any applicant aggrieved by the decision of the Board may,
within 15 days after the announcement of the decision, apply in writing
to the Commission for review of the decision. Review is limited to the
record of the proceedings before the Board. The Commission may sustain,
modify or reverse the Board’s decision. The decision of the Commission is
subject to judicial review pursuant to NRS 463.315 to 463.318 ,
inclusive.
15. The Chairman of the Board may designate a member of the Board
or the Board may appoint a hearing examiner and authorize that person to
perform on behalf of the Board any of the following functions required of
the Board by this section concerning the registration or renewal of
registration of gaming employees:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the Board based upon the testimony
and evidence or rendering a decision on behalf of the Board to sustain or
reverse the suspension of or the objection to the registration of an
applicant as a gaming employee; and
(d) Notifying the applicant of the decision.
16. Notice by the Board as provided pursuant to subsections 1 to
15, inclusive, is sufficient if it is mailed to the applicant’s last
known address as indicated on the application for registration as a
gaming employee or the record of the hearing, as the case may be. The
date of mailing may be proven by a certificate signed by an officer or
employee of the Board which specifies the time the notice was mailed. The
notice shall be deemed to have been received by the applicant 5 days
after it is deposited with the United States Postal Service with the
postage thereon prepaid.
17. Except as otherwise provided in this subsection, all records
acquired or compiled by the Board or Commission relating to any
application made pursuant to this section, all lists of persons
registered as gaming employees, all lists of persons suspended or
objected to by the Board and all records of the names or identity of
persons engaged in the gaming industry in this State are confidential and
must not be disclosed except in the proper administration of this chapter
or to an authorized law enforcement agency. Upon receipt of a request
from the Division of Welfare and Supportive Services of the Department of
Health and Human Services pursuant to NRS 425.400 for information relating to a specific person
who has applied for registration as a gaming employee or is registered as
a gaming employee, the Board shall disclose to the Division his social
security number, residential address and current employer as that
information is listed in the files and records of the Board. Any record
of the Board or Commission which shows that the applicant has been
convicted of a crime in another state must show whether the crime was a
misdemeanor, gross misdemeanor, felony or other class of crime as
classified by the state in which the crime was committed. In a disclosure
of the conviction, reference to the classification of the crime must be
based on the classification in the state where it was committed.
18. If the Central Repository for Nevada Records of Criminal
History, in accordance with the provisions of NRS 179D.570 , provides the Board with the name and other
identifying information of a registered gaming employee who is not in
compliance with the provisions of chapter 179D of NRS, the Board shall notify the person that,
unless he provides the Board with verifiable documentation confirming
that he is currently in compliance with the provisions of chapter 179D
of NRS within 15 days after receipt of such
notice, the Board shall, notwithstanding any other provisions of this
section, conduct a hearing for the purpose of determining whether the
registration of the person as a gaming employee must be suspended for
noncompliance with the provisions of chapter 179D of NRS.
19. Notwithstanding any other provisions of this section, if a
person notified by the Board pursuant to subsection 18 does not provide
the Board, within the 15 days prescribed therein, with verifiable
documentation establishing that he is currently in compliance with the
provisions of chapter 179D of NRS, the
Chairman of the Board shall, within 10 days thereof, appoint a hearing
examiner to conduct a hearing to determine whether the person is, in
fact, not in compliance with the provisions of chapter 179D of NRS. The hearing examiner shall, within 5 days
after the date he is appointed by the Chairman, notify the person of the
date of the hearing. The hearing must be held within 20 days after the
date on which the hearing examiner is appointed by the Chairman, unless
administratively extended by the Chairman for good cause. At the hearing,
the hearing examiner may take any testimony deemed necessary and shall
render a decision sustaining or reversing the findings of the Central
Repository for Nevada Records of Criminal History. The hearing examiner
shall notify the person of his decision within 5 days after the date on
which the decision is rendered. A failure of a person to appear at a
hearing conducted pursuant to this section shall be deemed to be an
admission that the findings of the hearing examiner are well-founded.
20. If, after conducting the hearing prescribed in subsection 19,
the hearing examiner renders a decision that the person who is the
subject of the hearing:
(a) Is not in compliance with the provisions of chapter 179D of NRS, the Board shall, notwithstanding any other
provisions of this section:
(1) Suspend the registration of the person as a gaming
employee;
(2) Notify the person to contact the Central Repository for
Nevada Records of Criminal History to determine the actions that he must
take to be in compliance with the provisions of chapter 179D of NRS; and
(3) Notify the licensee for which the person is employed as
a gaming employee, in the manner prescribed in subsection 21, that the
Board has suspended the registration of the person as a gaming employee
and that the licensee must immediately terminate the person from
employment or reassign him to a position that does not require
registration as a gaming employee.
(b) Is in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person and the
Central Repository for Nevada Records of Criminal History, in the manner
prescribed in subsection 21, of the findings of the hearing examiner.
21. Notice as provided pursuant to subsections 18, 19 and 20 is
sufficient if it is mailed to the person’s last known address as
indicated on the most recent application for registration as a gaming
employee or the record of the hearing, or to the person at his place of
gaming employment. The date of mailing may be proven by a certificate
signed by an officer or employee of the Board which specifies the time
the notice was mailed. The notice shall be deemed to have been received
by the applicant 5 days after it is deposited with the United States
Postal Service with the postage thereon prepaid.
22. The Board shall remove a suspension entered in accordance with
subsection 20 and reinstate the registration of a person as a gaming
employee upon receipt of verifiable documentation confirming that the
person is currently in compliance with the provisions of chapter 179D
of NRS.
(Added to NRS by 1965, 758; A 1975, 686; 1977, 1434; 1979, 783;
1981, 548, 1084; 1983, 1563; 1989, 494; 1991, 589, 926, 1840, 1931; 1993,
577, 580, 649, 652; 1995, 208; 1999, 899 ; 2001, 3081 ; 2003, 211 , 216 , 2698 ; 2003, 20th Special Session, 4 ; 2005, 2880 )
[Expires by limitation on the date of the repeal of the federal
law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. An applicant for registration or renewal of registration as a
gaming employee shall submit to the Board the statement prescribed by the
Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
registration or renewal of registration as a gaming employee; or
(b) A separate form prescribed by the Board.
3. An applicant may not be registered as a gaming employee if the
applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2060; A 2003, 20th Special Session, 9 )
[Expires by limitation on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is registered as a gaming
employee, the Board shall deem the registration of that person to be
suspended at the end of the 30th day after the date on which the court
order was issued unless the Board receives a letter issued to the
registered gaming employee by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the registered gaming employee has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate the registration as a gaming employee
of a person that has been suspended by a district court pursuant to NRS
425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS
425.550 to the person whose
registration was suspended stating that the person whose registration was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2061; A 2003, 20th Special Session, 10
)
[Expires by limitation on
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.] An application for registration
or renewal of registration as a gaming employee must include the social
security number of the applicant.
(Added to NRS by 1997, 2061; A 2003, 20th Special Session, 10
)
1. The Commission may issue an order summarily suspending a
person’s registration as a gaming employee upon a finding that the
suspension is necessary for the immediate preservation of the public
peace, health, safety, morals, good order or general welfare. The order
becomes effective when served upon the person registered.
2. The order of summary suspension must state the facts upon which
the finding of necessity for the suspension is based. For purposes of
this section, the order of summary suspension shall be deemed a complaint.
3. An order of summary suspension must be signed by at least three
members of the Commission.
4. The person whose registration as a gaming employee is summarily
suspended:
(a) Has a right to a hearing on the order. The Commission shall
schedule a hearing within 5 days after receipt of the person’s notice of
defense.
(b) Must file a notice of defense within 30 days after the
effective date of the order of summary suspension. Failure to file this
notice in a timely manner waives his right to a hearing before the
Commission and to judicial review of the final decision.
5. All affirmative defenses must be specifically stated in the
notice of defense and unless an objection is stated to the form or manner
of the order, all objections to the form of the complaint shall be deemed
waived.
6. Except as otherwise provided in this section, the procedures
for a disciplinary action in NRS 463.312 to 463.3145 , inclusive, must be followed.
(Added to NRS by 1981, 1072; A 1983, 1565; 1989, 497; 2003, 20th
Special Session, 10 )
1. If any gaming employee or independent agent, who is registered
as a gaming employee with the Board, is convicted of any violation of
this chapter or chapter 463B , 464 or 465 of NRS, or if in
investigating an alleged violation of this chapter by any licensee the
Commission finds that a registered gaming employee employed by or a
registered independent agent contracting with the licensee has been
guilty of cheating, the Commission shall, after a hearing as provided in
NRS 463.310 and 463.312 to 463.3145 , inclusive, revoke the registration.
2. The Commission may revoke the registration of a gaming employee
or independent agent if the Commission finds, after a hearing as provided
in NRS 463.310 and 463.312 to 463.3145 , inclusive, that the gaming employee or
independent agent has failed to disclose, misstated or otherwise misled
the Board in respect to any fact contained within any application for
registration as a gaming employee or, subsequent to being registered as a
gaming employee:
(a) Committed, attempted or conspired to do any of the acts
prohibited by this chapter or chapter 463B ,
464 or 465 of NRS;
(b) Knowingly possessed or permitted to remain in or upon any
licensed premises any cards, dice, mechanical device or any other
cheating device whatever, the use of which is prohibited by statute or
ordinance;
(c) Concealed or refused to disclose any material fact in any
investigation by the Board;
(d) Committed, attempted or conspired to commit larceny or
embezzlement against a gaming licensee or upon the premises of a licensed
gaming establishment;
(e) Been convicted in any jurisdiction other than Nevada of any
offense involving or relating to gambling;
(f) Accepted employment without prior Commission approval in a
position for which he could be required to be licensed under this chapter
after having been denied a license for a reason involving personal
unsuitability or after failing to apply for licensing when requested to
do so by the Commission;
(g) Been refused the issuance of any license, permit or approval to
engage in or be involved with gaming or pari-mutuel wagering in any
jurisdiction other than Nevada, or had any such license, permit or
approval revoked or suspended;
(h) Been prohibited under color of governmental authority from
being present upon the premises of any gaming establishment or any
establishment where pari-mutuel wagering is conducted for any reason
relating to improper gambling activities or any illegal act;
(i) Contumaciously defied any legislative investigative committee
or other officially constituted bodies acting on behalf of the United
States or any state, county or municipality which seeks to investigate
crimes relating to gaming, corruption of public officials, or any
organized criminal activities; or
(j) Been convicted of any felony or gross misdemeanor, other than
one constituting a violation of this chapter or chapter 463B , 464 or 465 of NRS.
3. A gaming employee or independent agent whose registration as a
gaming employee has been revoked pursuant to this section is entitled to
judicial review of the Commission’s action in the manner prescribed by
NRS 463.315 to 463.318 , inclusive.
4. Nothing in this section limits or prohibits the enforcement of
NRS 463.165 , 463.560 , 463.595 ,
463.637 or 463.645 .
(Added to NRS by 1967, 1042; A 1969, 3, 465; 1973, 659; 1975, 688;
1977, 1437; 1979, 786; 1981, 1086; 1983, 1566; 1991, 1842; 2003, 20th
Special Session, 11 )
An applicant for
licensing, registration, finding of suitability or any approval or
consent required by this chapter or chapter 462 of NRS shall make full and true disclosure of all
information to the Board, Commission or other relevant governmental
authority as necessary or appropriate in the public interest or as
required in order to carry out the policies of this state relating to
licensing and control of the gaming industry and the operation of
charitable lotteries.
(Added to NRS by 1977, 1418; A 1991, 2267; 2003, 20th Special
Session, 12 )
Any
information obtained by the Board from any licensee, his employer or
agent relating to the termination of the employment of a gaming employee
or the services of an independent agent is confidential and must not be
disclosed except:
1. Such information obtained from the former employer of an
applicant for registration as a gaming employee must be disclosed to the
applicant to the extent necessary to permit him to respond to any
suspension or objection made by the Board to his application for such
registration;
2. In the necessary administration of this chapter; or
3. Upon the lawful order of a court of competent jurisdiction.
(Added to NRS by 1981, 1072; A 1991, 1844; 2003, 20th Special
Session, 12 )
1. Any communication or document of an applicant or licensee, or
an affiliate of either, which is made or transmitted to the Board or
Commission or any of their agents or employees to:
(a) Comply with any law or the regulations of the Board or
Commission;
(b) Comply with a subpoena issued by the Board or Commission; or
(c) Assist the Board or Commission in the performance of their
respective duties,
Ê is absolutely privileged and does not impose liability for defamation
or constitute a ground for recovery in any civil action.
2. If such a document or communication contains any information
which is privileged pursuant to chapter 49 of
NRS, that privilege is not waived or lost because the document or
communication is disclosed to the Board or Commission or any of its
agents or employees.
3. Notwithstanding the provisions of subsection 4 of NRS 463.120
:
(a) The Board, Commission and their agents and employees shall not
release or disclose any information, documents or communications provided
by an applicant or licensee, or an affiliate of either, which are
privileged pursuant to chapter 49 of NRS,
without the prior written consent of the applicant, licensee or
affiliate, or pursuant to a lawful court order after timely notice of the
proceedings has been given to the applicant, licensee or affiliate.
(b) The Board and Commission shall maintain all privileged
information, documents and communications in a secure place accessible
only to members of the Board and Commission and their authorized agents
and employees.
(c) The Board and Commission shall adopt procedures and regulations
to protect the privileged nature of information, documents and
communications provided by an applicant or licensee, or an affiliate of
either.
(Added to NRS by 1981, 1072; A 1987, 1274; 1993, 184; 1995, 1498)
An application to a court for an order requiring
the Board or the Commission to release any information declared by law to
be confidential shall be made only upon motion in writing on 10 days’
written notice to the Board or Commission, the Attorney General and all
persons who may be affected by the entry of such order. Copies of the
motion and all papers filed in support of it shall be served with the
notice by delivering a copy in person or by certified mail to the last
known address of the person to be served.
(Added to NRS by 1977, 1418)
Any person who is the subject of a hearing
conducted under the provisions of this chapter, or who is a witness at
that hearing, and who is a person with a disability as defined in NRS
50.050 , is entitled to the services of
an interpreter at public expense, subject to the provisions of NRS 50.052
and 50.053 . The interpreter must be:
1. Qualified to engage in the practice of interpreting in this
State pursuant to subsection 2 of NRS 656A.100 ; and
2. Appointed by the person who presides at the hearing.
(Added to NRS by 1979, 659; A 2001, 1778 )
1. The Board or Commission or any applicant, licensee, association
of licensees, nonprofit corporation that represents licensees, person
found suitable, holding company, intermediary company or publicly traded
corporation which is registered with the Commission may obtain a judicial
determination of any question of construction or validity arising under
this chapter, chapter 462 of NRS or any
regulation of the Commission by bringing an action for a declaratory
judgment in the First Judicial District Court of the State of Nevada in
and for Carson City, or in the district court of the district in which
the plaintiff resides or does business, in accordance with the provisions
of chapter 30 of NRS.
2. When an action is brought by a person other than the Board or
Commission, the Commission must be made a party to the action and the
Attorney General must be served with a copy of the complaint and is
entitled to appear in the action.
3. Statutes and regulations reviewed pursuant to this section must
be construed in a manner consistent with the declared policy of the State.
4. The filing of a complaint for judicial determination under this
section does not stay enforcement of any Commission or Board action. The
Board or Commission may grant a stay upon appropriate terms.
5. In any proceeding brought under this section, the district
court shall not grant any injunctive relief or relief based upon any
other extraordinary common-law writ to:
(a) Any applicant for licensing, finding of suitability or
registration;
(b) Any person who has been ordered by the Board or Commission to
submit his application for licensing, finding of suitability or
registration;
(c) Any person seeking judicial review of an action of the
Commission which is subject to the provisions of NRS 463.315 to 463.318 ,
inclusive; or
(d) Any person who is adversely affected by the appointment of a
supervisor pursuant to chapter 463B of NRS.
(Added to NRS by 1977, 1417; A 1979, 787; 1981, 1087; 1983, 1567;
1991, 2267; 1993, 186)
1. A security interest in:
(a) A security issued by a corporation, partnership, limited
partnership or limited-liability company which is a holder of a gaming
license in this State;
(b) A security issued by a holding company that is not a publicly
traded corporation; or
(c) A security issued by a holding company that is a publicly
traded corporation, if the enforcement of the security interest will
result in the creditor acquiring control,
Ê may not be enforced without the prior approval of the Commission and
compliance with the regulations adopted by the Commission pursuant to
subsection 2.
2. The Commission shall adopt regulations establishing the
procedure for the enforcement of such a security interest which are
consistent with chapter 104 of NRS. Any
remedy provided by the Commission in its regulations for the enforcement
of such a security interest is in addition to any other remedy provided
by law.
(Added to NRS by 1987, 1273; A 1991, 1011; 1993, 2000)
When any person contracts to sell or lease any
property or interest in property, real or personal, under circumstances
which require the approval or licensing of the purchaser or lessee by the
Commission, the contract shall not specify a closing date for the
transaction which is earlier than the expiration of 90 days after the
submission of the completed application for such approval or licensing.
Any provision of such a contract which specifies an earlier closing date
is void for all purposes, but such invalidity does not affect the
validity of any other provision of the contract.
(Added to NRS by 1969, 785)
When any
person contracts to sell or lease any property or interest in property,
real or personal, under circumstances which require the approval or
licensing of the purchaser or lessee by the Commission, the contract must
contain a provision satisfactory to the Commission regarding
responsibility for the payment of any fees or taxes due pursuant to any
subsequent deficiency determinations made under this chapter which
encompass any period of time before the closing date of the transaction.
(Added to NRS by 1983, 593)
1. The Attorney General, at the direction of the Commission, may
institute a civil action in any district court of this State against any
person subject to this chapter or chapter 462 , 464 or 465 of NRS to restrain a violation of this chapter or
chapter 462 , 464
or 465 of NRS.
2. The district court shall give priority over other civil actions
to an action brought pursuant to this section.
3. An action brought against a person pursuant to this section
does not preclude a criminal action or administrative proceeding against
that person.
(Added to NRS by 1977, 1425; A 1991, 2268)
1. If a district attorney in whose county a violation of this
chapter or of chapter 462 , 463B , 464 or 465 of NRS occurs fails to file a complaint or
information for that offense or present it to a grand jury, within 15
days after the Commission or Board so requests in writing, the Commission
or Board may recommend to the Attorney General that he file a complaint
or information or present the matter to a grand jury, as the facts may
warrant, and thereafter proceed as appropriate to complete the
prosecution. Upon a written recommendation to prosecute from the
Commission or Board, the Attorney General may so file the matter without
leave of court and has exclusive charge of the prosecution.
2. If a district attorney declines to prosecute such a violation
after receiving a written request to do so from the Commission or Board,
he may respond in writing to the Commission or Board within the 15-day
period specified in subsection 1 and state the reasons why he declines.
(Added to NRS by 1981, 545; A 1991, 2268)
Any person who
possesses any device, equipment or material which has been manufactured,
sold or distributed in violation of NRS 463.650 is guilty of a misdemeanor.
(Added to NRS by 1969, 652)
1. A person under the age of 21 years shall not:
(a) Play, be allowed to play, place wagers at, or collect winnings
from, whether personally or through an agent, any gambling game, slot
machine, race book, sports pool or pari-mutuel operator.
(b) Loiter, or be permitted to loiter, in or about any room or
premises wherein any licensed game, race book, sports pool or pari-mutuel
wagering is operated or conducted.
(c) Be employed as a gaming employee except in a counting room.
2. Any licensee, employee, dealer or other person who violates or
permits the violation of any of the provisions of this section and any
person, under 21 years of age, who violates any of the provisions of this
section is guilty of a misdemeanor.
3. In any prosecution or other proceeding for the violation of any
of the provisions of this section, it is no excuse for the licensee,
employee, dealer or other person to plead that he believed the person to
be 21 years old or over.
[35:429:1955]—(NRS A 1979, 788; 1981, 1088; 1985, 2139; 1989, 489;
1991, 652)
Every
district attorney, sheriff and chief of police shall furnish to the
Board, on forms prepared by the Board, all information obtained during
the course of any substantial investigation or prosecution of any person
if it appears that a violation of any law related to gaming has occurred.
(Added to NRS by 1981, 1073)
1. Except as otherwise provided in subsection 2, an electronic
transfer of money from a financial institution directly to a game or
gaming device may not be made with a credit card.
2. The provisions of subsection 1 do not apply to an interactive
gaming system.
(Added to NRS by 1995, 1496; A 2001, 3086 )
A debit
instrument issued by a licensee must be approved by the Board.
(Added to NRS by 1995, 1496)
1. Conviction by a court of competent jurisdiction of a person for
a violation of, an attempt to violate, or a conspiracy to violate any of
the provisions of this chapter or of chapter 463B , 464 or 465 of NRS may act as an immediate revocation of all
licenses which have been issued to the violator, and, in addition, the
court may, upon application of the district attorney of the county or of
the Commission, order that no new or additional license under this
chapter be issued to the violator, or be issued to any person for the
room or premises in which the violation occurred, for 1 year after the
date of the revocation.
2. A person who willfully fails to report, pay or truthfully
account for and pay over any license fee or tax imposed by the provisions
of this chapter, or willfully attempts in any manner to evade or defeat
any such license fee, tax or payment thereof is guilty of a category C
felony and shall be punished as provided in NRS 193.130 . In addition to any other penalty, the court
shall order the person to pay restitution.
3. Except as otherwise provided in subsection 4, a person who
willfully violates, attempts to violate, or conspires to violate any of
the provisions of subsection 1 of NRS 463.160 is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 10 years, by a fine
of not more than $50,000, or by both fine and imprisonment.
4. A licensee who puts additional games or slot machines into play
or displays additional games or slot machines in a public area without
first obtaining all required licenses and approval is subject only to the
penalties provided in NRS 463.270 and
463.310 and in any applicable ordinance
of the county, city or town.
5. A person who willfully violates any provision of a regulation
adopted pursuant to NRS 463.125 is
guilty of a category C felony and shall be punished as provided in NRS
193.130 .
6. The violation of any of the provisions of this chapter, the
penalty for which is not specifically fixed in this chapter, is a gross
misdemeanor.
[36:429:1955]—(NRS A 1959, 452; 1967, 587, 1119; 1979, 1016; 1981,
1088; 1985, 1300; 1995, 1294)
RECOVERY OF GAMING DEBTS BY PATRONS
1. Except as otherwise provided in NRS 463.361 to 463.366 ,
inclusive, and 463.780 , gaming debts
that are not evidenced by a credit instrument are void and unenforceable
and do not give rise to any administrative or civil cause of action.
2. A claim by a patron of a licensee for payment of a gaming debt
that is not evidenced by a credit instrument may be resolved in
accordance with NRS 463.362 to 463.366
, inclusive:
(a) By the Board; or
(b) If the claim is for less than $500, by a hearing examiner
designated by the Board.
(Added to NRS by 1983, 1846; A 1991, 929; 2001, 3086 )
1. Whenever a licensee and a patron have any dispute as to alleged
winnings, alleged losses or the manner in which a game is conducted, the
licensee and the patron are unable to resolve the dispute to the
satisfaction of the patron and the dispute involves:
(a) At least $500, the licensee shall immediately notify the Board;
or
(b) Less than $500, the licensee shall inform the patron of his
right to request that the Board conduct an investigation.
Ê The Board, through an agent, shall conduct whatever investigation it
deems necessary and shall determine whether payment should be made.
2. The agent of the Board shall mail written notice to the Board,
the licensee and the patron of his decision resolving the dispute within
30 days after the date the Board first receives notification from the
licensee or a request to conduct an investigation from the patron. The
failure of the agent to mail notice of his decision within the time
required by this subsection does not divest the Board of its exclusive
jurisdiction over the dispute.
3. Failure of the licensee to notify the Board or inform the
patron as provided in subsection 1 is grounds for disciplinary action
pursuant to NRS 463.310 to 463.3145
, inclusive.
4. The decision of the agent of the Board is effective on the date
the aggrieved party receives notice of the decision. Notice of the
decision shall be deemed sufficient if it is mailed to the last known
address of the licensee and patron. The date of mailing may be proven by
a certificate signed by an officer or employee of the Board which
specifies the time the notice was mailed. The notice shall be deemed to
have been received by the licensee or the patron 5 days after it is
deposited with the United States Postal Service with the postage thereon
prepaid.
(Added to NRS by 1983, 1846; A 1985, 1797; 1987, 188; 1989, 1264;
1991, 929, 2146; 1995, 1498)
1. Within 20 days after the date of receipt of the written
decision of the agent, the aggrieved party may file a petition with the
Board requesting a hearing to reconsider the decision.
2. The petition must set forth the basis of the request for
reconsideration.
3. If no petition for reconsideration is filed within the time
prescribed in subsection 1, the decision shall be deemed final action on
the matter and is not subject to reconsideration by the Board or to
review by the Commission or any court.
4. The party requesting the hearing must provide a copy of the
petition to the other party.
5. Within 15 days after service of the petition, the responding
party may answer the allegations contained therein by filing a written
response with the Board.
6. The Board shall schedule a hearing and may conduct the hearing
as provided in subsection 4 of NRS 463.110 , except that notice of the date, time and
place of the hearing must be provided by the Board to both parties.
7. The hearing must be conducted in accordance with regulations
adopted by the Commission.
(Added to NRS by 1983, 1846; A 1987, 188; 1989, 1265; 1991, 2146)
1. The party seeking reconsideration bears the burden of showing
that the agent’s decision should be reversed or modified.
2. After the hearing, the Board or the hearing examiner may
sustain, modify or reverse the agent’s decision. The decision by the
Board or the hearing examiner must be in writing and must include
findings of fact. A copy of the decision must be delivered or mailed
forthwith to each party or to his attorney of record.
(Added to NRS by 1983, 1847; A 1991, 930)
1. Except as otherwise provided in subsection 2, a licensee shall
pay a patron’s claim within 20 days after the decision of the Board or
the hearing examiner directing him to do so becomes final. Failure to pay
within that time is grounds for disciplinary action pursuant to NRS
463.311 to 463.3145 , inclusive.
2. If a licensee intends to file a petition for judicial review of
the decision pursuant to NRS 463.3662
to 463.3668 , inclusive, the licensee
must first deposit in an interest-bearing account in a financial
institution an amount equal to the amount in dispute. The licensee shall
pay the full amount of the patron’s claim, including interest, within 20
days after a final, nonappealable order of a court of competent
jurisdiction so directs.
3. The licensee may withdraw the amount deposited in the financial
institution upon:
(a) Payment of the full amount of the patron’s claim, plus
interest, if the licensee has given notice to the Board of the payment; or
(b) A final determination by the court that the licensee is not
required to pay the claim.
(Added to NRS by 1983, 1847; A 1987, 1275; 1991, 930)
1. Any person aggrieved by a final decision or order of the Board
or the hearing examiner made after hearing by the Board pursuant to NRS
463.361 to 463.366 , inclusive, may obtain a judicial review
thereof in the district court of the county in which the dispute between
the licensee and patron arose.
2. The judicial review must be instituted by filing a petition
within 20 days after the effective date of the final decision or order.
The petition must set forth the order or decision appealed from and the
grounds or reasons why the petitioner contends that a reversal or
modification should be ordered.
3. Copies of the petition must be served upon the Board and all
other parties of record, or their counsel of record, either personally or
by certified mail.
4. The court, upon a proper showing, may permit other interested
persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition does not stay enforcement of the
decision or order of the Board or the hearing examiner, but the Board
itself may grant a stay upon such terms and conditions as it deems proper.
(Added to NRS by 1987, 1276; A 1989, 1265; 1991, 930)
1. Upon written request of petitioner and upon payment of such
reasonable costs and fees as the Board may prescribe, the complete record
on review, or such parts thereof as are designated by the petitioner,
must be prepared by the Board.
2. The complete record on review must include copies of:
(a) All pleadings in the case;
(b) All notices and interim orders issued by the Board in
connection with the case;
(c) All stipulations;
(d) The decision and order appealed from;
(e) A transcript of all testimony, evidence and proceedings at the
hearing;
(f) The exhibits admitted or rejected; and
(g) Any other papers in the case.
Ê The original of any document may be used in lieu of a copy thereof. The
record on review may be shortened by stipulation of all parties to the
review proceedings.
3. The record on review must be filed with the reviewing court
within 30 days after service of the petition for review, but the court
may allow the Board additional time to prepare and transmit the record on
review.
(Added to NRS by 1987, 1276)
1. The reviewing court may, upon motion therefor, order that
additional evidence in the case be taken by the Board or the hearing
examiner upon such terms and conditions as the court deems just and
proper. The motion must not be granted except upon a showing that the
additional evidence is material and necessary and that sufficient reason
existed for failure to present the evidence at the hearing conducted by
the Board or the hearing examiner. The motion must be supported by an
affidavit of the moving party or his counsel showing with particularity
the materiality and necessity of the additional evidence and the reason
why it was not introduced in the administrative hearing. Rebuttal
evidence to the additional evidence must be permitted. In cases in which
additional evidence is presented to the Board or the hearing examiner,
the Board or the hearing examiner may modify the decisions and orders as
the additional evidence may warrant and shall file with the reviewing
court a transcript of the additional evidence together with any
modifications of the decision and order, all of which become a part of
the record on review.
2. The review must be conducted by the court sitting without a
jury, and must not be a trial de novo but is confined to the record on
review. The filing of briefs and oral argument must be made in accordance
with the rules governing appeals in civil cases unless the local rules of
practice adopted in the judicial district provide a different procedure.
3. The reviewing court may affirm the decision and order of the
Board or the hearing examiner, or it may remand the case for further
proceedings or reverse the decision if the substantial rights of the
petitioner have been prejudiced because the decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the
Board or the hearing examiner;
(c) Made upon unlawful procedure;
(d) Unsupported by any evidence; or
(e) Arbitrary or capricious or otherwise not in accordance with law.
(Added to NRS by 1987, 1277; A 1991, 931, 2147)
1. Any party aggrieved by the final decision in the district court
after a review of the decision and order of the Board or the hearing
examiner may appeal to the Supreme Court in the manner and within the
time provided by law for appeals in civil cases. The Supreme Court shall
follow the same procedure thereafter as in appeals in civil actions, and
may affirm, reverse or modify the decision as the record and law warrant.
2. The judicial review by the district and Supreme Courts afforded
in this chapter is the exclusive method of review of any actions,
decisions and orders in hearings held pursuant to NRS 463.361 to 463.366 ,
inclusive. Judicial review is not available for extraordinary common-law
writs or equitable proceedings.
3. The party requesting judicial review shall bear all of the
costs of transcribing the proceedings before the Board or the hearing
examiner and of transmitting the record on review.
(Added to NRS by 1987, 1277; A 1991, 931)
RECOVERY OF GAMING DEBTS BY LICENSEES
1. A credit instrument accepted on or after June 1, 1983, and the
debt that the credit instrument represents are valid and may be enforced
by legal process.
2. A licensee or a person acting on behalf of a licensee may
accept an incomplete credit instrument which:
(a) Is signed by a patron; and
(b) States the amount of the debt in figures,
Ê and may complete the instrument as is necessary for the instrument to
be presented for payment.
3. A licensee or person acting on behalf of a licensee:
(a) May accept a credit instrument that is payable to an affiliated
company or may complete a credit instrument in the name of an affiliated
company as payee if the credit instrument otherwise complies with this
subsection and the records of the affiliated company pertaining to the
credit instrument are made available to agents of the Board upon request.
(b) May accept a credit instrument either before, at the time or
after the patron incurs the debt. The credit instrument and the debt that
the credit instrument represents are enforceable without regard to
whether the credit instrument was accepted before, at the time or after
the debt is incurred.
4. This section does not prohibit the establishment of an account
by a deposit of cash, recognized traveler’s check, or any other
instrument which is equivalent to cash.
5. If a credit instrument is lost or destroyed, the debt
represented by the credit instrument may be enforced if the licensee or
person if acting on behalf of the licensee can prove the existence of the
credit instrument.
6. A patron’s claim of having a mental or behavioral disorder
involving gambling:
(a) Is not a defense in any action by a licensee or a person acting
on behalf of a licensee to enforce a credit instrument or the debt that
the credit instrument represents.
(b) Is not a valid counterclaim to such an action.
7. Any person who violates the provisions of this section is
subject only to the penalties provided in NRS 463.310 to 463.318 ,
inclusive. The failure of a person to comply with the provisions of this
section or the regulations of the Commission does not invalidate a credit
instrument or affect the ability to enforce the credit instrument or the
debt that the credit instrument represents.
8. The Commission may adopt regulations prescribing the conditions
under which a credit instrument may be redeemed or presented to a bank or
credit union for collection or payment.
(Added to NRS by 1983, 828; A 1985, 798; 1989, 400; 1991, 817;
1995, 1499; 1999, 1500 )
FEES FOR STATE AND COUNTY GAMING LICENSES
1. Except as otherwise provided in NRS 463.373 , the Commission shall charge and collect from
each licensee a license fee based upon all the gross revenue of the
licensee as follows:
(a) Three and one-half percent of all the gross revenue of the
licensee which does not exceed $50,000 per calendar month;
(b) Four and one-half percent of all the gross revenue of the
licensee which exceeds $50,000 per calendar month and does not exceed
$134,000 per calendar month; and
(c) Six and three-quarters percent of all the gross revenue of the
licensee which exceeds $134,000 per calendar month.
2. Unless the licensee has been operating for less than a full
calendar month, the Commission shall charge and collect the fee
prescribed in subsection 1, based upon the gross revenue for the
preceding calendar month, on or before the 24th day of the following
month. Except for the fee based on the first full month of operation, the
fee is an estimated payment of the license fee for the third month
following the month whose gross revenue is used as its basis.
3. When a licensee has been operating for less than a full
calendar month, the Commission shall charge and collect the fee
prescribed in subsection 1, based on the gross revenue received during
that month, on or before the 24th day of the following calendar month of
operation. After the first full calendar month of operation, the
Commission shall charge and collect the fee based on the gross revenue
received during that month, on or before the 24th day of the following
calendar month. The payment of the fee due for the first full calendar
month of operation must be accompanied by the payment of a fee equal to
three times the fee for the first full calendar month. This additional
amount is an estimated payment of the license fees for the next 3
calendar months. Thereafter, each license fee must be paid in the manner
described in subsection 2. Any deposit held by the Commission on July 1,
1969, must be treated as an advance estimated payment.
4. All revenue received from any game or gaming device which is
operated on the premises of a licensee, regardless of whether any portion
of the revenue is shared with any other person, must be attributed to the
licensee for the purposes of this section and counted as part of the
gross revenue of the licensee. Any other person, including, without
limitation, an operator of an inter-casino linked system, who is
authorized to receive a share of the revenue from any game, gaming device
or inter-casino linked system that is operated on the premises of a
licensee is liable to the licensee for that person’s proportionate share
of the license fees paid by the licensee pursuant to this section and
shall remit or credit the full proportionate share to the licensee on or
before the 24th day of each calendar month. The proportionate share of an
operator of an inter-casino linked system must be based on all
compensation and other consideration received by the operator of the
inter-casino linked system, including, without limitation, amounts that
accrue to the meter of the primary progressive jackpot of the
inter-casino linked system and amounts that fund the reserves of such a
jackpot, subject to all appropriate adjustments for deductions, credits,
offsets and exclusions that the licensee is entitled to take or receive
pursuant to the provisions of this chapter. A licensee is not liable to
any other person authorized to receive a share of the licensee’s revenue
from any game, gaming device or inter-casino linked system that is
operated on the premises of the licensee for that person’s proportionate
share of the license fees to be remitted or credited to the licensee by
that person pursuant to this section.
5. An operator of an inter-casino linked system shall not enter
into any agreement or arrangement with a licensee that provides for the
operator of the inter-casino linked system to be liable to the licensee
for less than its full proportionate share of the license fees paid by
the licensee pursuant to this section, whether accomplished through a
rebate, refund, charge-back or otherwise.
6. Any person required to pay a fee pursuant to this section shall
file with the Commission, on or before the 24th day of each calendar
month, a report showing the amount of all gross revenue received during
the preceding calendar month. Each report must be accompanied by:
(a) The fee due based on the revenue of the month covered by the
report; and
(b) An adjustment for the difference between the estimated fee
previously paid for the month covered by the report, if any, and the fee
due for the actual gross revenue earned in that month. If the adjustment
is less than zero, a credit must be applied to the estimated fee due with
that report.
7. If the amount of license fees required to be reported and paid
pursuant to this section is later determined to be greater or less than
the amount actually reported and paid, the Commission shall:
(a) Charge and collect the additional license fees determined to be
due, with interest thereon until paid; or
(b) Refund any overpayment to the person entitled thereto pursuant
to this chapter, with interest thereon.
Ê Interest pursuant to paragraph (a) must be computed at the rate
prescribed in NRS 17.130 from the first
day of the first month following the due date of the additional license
fees until paid. Interest pursuant to paragraph (b) must be computed at
one-half the rate prescribed in NRS 17.130 from the first day of the first month
following the date of overpayment until paid.
8. Failure to pay the fees provided for in this section shall be
deemed a surrender of the license at the expiration of the period for
which the estimated payment of fees has been made, as established in
subsection 2.
9. Except as otherwise provided in NRS 463.386 , the amount of the fee prescribed in
subsection 1 must not be prorated.
10. Except as otherwise provided in NRS 463.386 , if a licensee ceases operation, the
Commission shall:
(a) Charge and collect the additional license fees determined to be
due with interest computed pursuant to paragraph (a) of subsection 7; or
(b) Refund any overpayment to the licensee with interest computed
pursuant to paragraph (b) of subsection 7,
Ê based upon the gross revenue of the licensee during the last 3 months
immediately preceding the cessation of operation, or portions of those
last 3 months.
11. If in any month, the amount of gross revenue is less than
zero, the licensee may offset the loss against gross revenue in
succeeding months until the loss has been fully offset.
12. If in any month, the amount of the license fee due is less
than zero, the licensee is entitled to receive a credit against any
license fees due in succeeding months until the credit has been fully
offset.
[Part 10e:99:1931; added 1945, 492; A 1947, 734; 1949, 114; 1955,
760]—(NRS A 1959, 452; 1965, 1034; 1967, 180, 674, 821, 886, 1082; 1969,
187, 403, 824; 1975, 689, 1143; 1981, 569, 1089; 1983, 216; 1987, 546,
548; 1989, 1158; 1991, 675, 932; 1993, 312; 1995, 204, 759, 763; 1999,
954 ; 2001, 3086 ; 2003, 20th Special Session, 209 )
1. For the purposes of this chapter, except as otherwise provided
in subsection 3, the computation of gross revenue must include the face
value of any credit instrument accepted on or after July 1, 1981, if,
within 5 years after the last day of the month following the month in
which the instrument was accepted by the licensee, the Board determines
that:
(a) The instrument was not signed by the patron or otherwise
acknowledged by him in a written form satisfactory to the Board;
(b) The licensee did not have an address for the patron at the time
of accepting the instrument, or, in lieu of that address, has not
provided the Board, within a reasonable time after its request, the
current address of the patron to whom the credit was extended;
(c) The licensee has not provided the Board any evidence that the
licensee made a reasonable effort to collect the debt;
(d) The licensee has not provided the Board any evidence that the
licensee checked the credit history of the patron before extending the
credit to him;
(e) The licensee has not produced the instrument within a
reasonable time after a request by the Board for the instrument unless it:
(1) Is in the possession of a court, governmental agency or
financial institution;
(2) Has been returned to the patron upon his partial payment
of the instrument;
(3) Has been stolen and the licensee has made a written
report of the theft to the appropriate law enforcement agency; or
(4) Cannot be produced because of any other circumstance
which is beyond the licensee’s control;
(f) The signature of the patron on the instrument was forged and
the licensee has not made a written report of the forgery to the
appropriate law enforcement agency; or
(g) Upon an audit by the Board, the licensee requested the auditors
not to confirm the unpaid balance of the debt with the patron and there
is no other satisfactory means of confirmation.
2. For the purposes of this chapter, the computation of gross
revenue must not include cash or its equivalent which is received in full
or partial payment of a debt previously included in the computation of
gross revenue pursuant to subsection 1.
3. Subsection 1 does not apply to any credit instrument which is
settled for less than its face amount to:
(a) Induce a partial payment;
(b) Compromise a dispute;
(c) Retain a patron’s business for the future; or
(d) Obtain a patron’s business if:
(1) An agreement is entered into to discount the face amount
of a credit instrument before it is issued to induce timely payment of
the credit instrument; and
(2) The percentage of discount of the instrument is
reasonable as compared to the prevailing practice in the industry.
(Added to NRS by 1981, 1542; A 1983, 829; 1987, 396, 1234, 1235)
1. In calculating gross revenue, any prizes, premiums, drawings,
benefits or tickets that are redeemable for money or merchandise or other
promotional allowance, except money or tokens paid at face value directly
to a patron as the result of a specific wager, must not be deducted as
losses from winnings at any game except a slot machine.
2. In calculating gross revenue, the amount of cash paid to fund
periodic payments may be deducted as losses from winnings for any game.
3. In calculating gross revenue from slot machines, keno and
bingo, the actual cost to the licensee of any personal property
distributed to a patron as the result of a specific legitimate wager may
be deducted as a loss, but not travel expenses, food, refreshments,
lodging or services.
4. In calculating gross revenue from bingo, a licensee who
provides a patron with additional play at bingo as the result of an
initial wager may deduct as losses from winnings all money or tokens paid
directly to that patron as a result of such additional play.
5. In calculating gross revenue, a licensee may deduct its pro
rata share of a payout from a game played in an inter-casino linked
system except for a payout made in conjunction with a card game. The
amount of the deduction must be determined based upon the written
agreement among the licensed gaming establishments participating in the
inter-casino linked system and the operator of the system. All cash
prizes and the value of noncash prizes awarded during a contest or
tournament conducted in conjunction with an inter-casino linked system
are also deductible on a pro rata basis to the extent of the compensation
received for the right to participate in that contest or tournament. The
deductions may be taken only by those participating licensed gaming
establishments that held an active gaming license at any time during the
month in which the payout was awarded.
(Added to NRS by 1981, 1073; A 1985, 804, 2146; 1987, 90; 1991,
533; 1995, 761, 1500)
The Board shall:
1. Compile the information concerning gross revenue reported by
licensees pursuant to NRS 463.370 ; and
2. Immediately make available to the public a summary of the
compiled information.
(Added to NRS by 2003, 1169 )
For purposes of administering
the quarterly state license fee imposed by NRS 463.373 , the annual state license fees imposed by NRS
463.375 and 463.3855 , and the annual tax imposed by NRS 463.385
, the Commission shall prescribe by
regulation the manner of counting slot machines whose operations are
related to one another.
(Added to NRS by 1969, 616; A 1979, 1737; 1983, 1336)
1. Before issuing a state gaming license to an applicant for a
restricted operation, the Commission shall charge and collect from him
for each slot machine for each quarter year:
(a) A license fee of $81 for each slot machine if he will have at
least 1 but not more than 5 slot machines.
(b) A license fee of $405 plus $141 for each slot machine in excess
of 5 if he will have at least 6 but not more than 15 slot machines.
2. The Commission shall charge and collect the fee prescribed in
subsection 1:
(a) On or before the last day of the last month in a calendar
quarter, for the ensuing calendar quarter, from a licensee whose
operation is continuing.
(b) In advance from a licensee who begins operation or puts
additional slot machines into play during a calendar quarter.
3. Except as otherwise provided in NRS 463.386 , no proration of the fee prescribed in
subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated
shall pay the fee prescribed in subsection 1 upon the total number of
slot machines situated in that location, whether or not the machines are
owned by one or more licensee-owners.
(Added to NRS by 1967, 818; A 1969, 188; 1973, 389; 1981, 570, 571,
1091; 1983, 1336; 1987, 1860; 1993, 1444; 2003, 20th Special Session, 211
)
1. In addition to any other state gaming license fees provided for
in this chapter, before issuing a state gaming license to an applicant
for a nonrestricted operation, the Commission shall charge and collect
from the applicant a license fee of $80 for each slot machine for each
calendar year.
2. The Commission shall charge and collect the fee prescribed in
subsection 1, at the rate of $20 for each slot machine for each calendar
quarter:
(a) On or before the last day of the last month in a calendar
quarter, for the ensuing calendar quarter, from a licensee whose
operation is continuing.
(b) In advance from a licensee who begins operation or puts
additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386 , no proration of the quarterly amount
prescribed in subsection 2 may be allowed for any reason.
4. The operator of the location where slot machines are situated
shall pay the fee prescribed in subsection 1 upon the total number of
slot machines situated in that location, whether the machines are owned
by one or more licensee-owners.
5. Any other person, including, without limitation, an operator of
an inter-casino linked system, who is authorized to receive a share of
the revenue from any slot machine that is operated on the premises of a
licensee is liable to the licensee for that person’s proportionate share
of the license fees paid by the licensee pursuant to this section and
shall remit or credit the full proportionate share to the licensee on or
before the dates set forth in subsection 2. A licensee is not liable to
any other person authorized to receive a share of the licensee’s revenue
from any slot machine that is operated on the premises of a licensee for
that person’s proportionate share of the license fees to be remitted or
credited to the licensee by that person pursuant to this section.
(Added to NRS by 1967, 883; A 1969, 189; 1973, 390; 1981, 571,
1092; 1999, 956 )
1. In addition to any other state gaming license fees provided for
in this chapter, the Commission shall, before issuing a state gaming
license, charge and collect in advance from each applicant a license fee
to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of
$1,750.
Those establishments operating or to operate six or seven games, the sum
of $3,000.
Those establishments operating or to operate 8, 9 or 10 games, the sum of
$6,000.
Those establishments operating or to operate 11, 12 or 13 games, the sum
of $650 for each game so operating or to operate.
Those establishments operating or to operate 14, 15 or 16 games, the sum
of $1,000 for each game so operating or to operate.
Those establishments operating or to operate more than 16 games, the sum
of $1,000 for each game to and including 16 games and the sum of $200 for
each game in excess of 16 games so operating or to operate.
2. In computing the number of games operated or to be operated by
an applicant under this section, a license authorizing the receiving of
bets or wagers on races held at a track which uses the pari-mutuel system
of wagering located outside of the State of Nevada, or on sporting events
by any system or method of wagering other than the system known as the
pari-mutuel method of wagering, shall be deemed a game within the meaning
of this section.
3. All licenses must be issued for the calendar year beginning
January 1 and expiring December 31. If the operation of the licensee is
continuing, the Commission shall charge and collect the fee prescribed in
subsection 1 on or before December 31 for the ensuing calendar year. If
the operation is new or has been temporarily closed with the approval of
the Board, the Commission shall prorate the license fee on a monthly
basis. If any licensee desires to enlarge his operations during the
calendar year, he must, after his application is approved, be charged the
full annual fees for the number of games for which he desires a license
under this section, and is entitled to credit thereon for the annual fee
he may have previously paid under this section for the same calendar year
for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo,
low ball, and panguingui for money, and slot machines, when not utilized
as an adjunct to or a unit of any banking, percentage or mechanical
device or machine, are not gambling games under the provisions of this
section.
5. All games operated or conducted in one room or a group of rooms
in the same or a contiguous building are considered one operation under
this section, and the license to be paid must be determined on the
aggregate number of games in each room or group of rooms in the same or a
contiguous building.
6. Except as otherwise provided in this section and NRS 463.386
, the amount of the fee specified in
subsection 1 must not be prorated.
[Part 10ee:99:1931; added 1947, 734; A 1949, 114; 1955, 760]—(NRS A
1957, 783; 1959, 453; 1965, 1035; 1967, 181, 675, 887; 1969, 189; 1975,
690; 1979, 1016; 1981, 1093; 1987, 632, 2261)
1. In addition to any other state gaming license fees provided for
in this chapter, the Commission shall, before issuing a state gaming
license, charge and collect from each applicant a quarterly license fee
to be determined on the basis of the following annual rates:
(a) From establishments operating or to operate 10 games or less:
Those establishments operating or to operate one game, the sum of $50.
Those establishments operating or to operate two games, the sum of $100.
Those establishments operating or to operate three games, the sum of $200.
Those establishments operating or to operate four games, the sum of $375.
Those establishments operating or to operate five games, the sum of $875.
Those establishments operating or to operate six or seven games, the sum
of $1,500.
Those establishments operating or to operate 8, 9 or 10 games, the sum of
$3,000.
(b) From establishments operating or to operate more than 10 games:
(1) For each game up to and including 16 games, the sum of
$500.
(2) For each game from 17 to 26 games, inclusive, the sum of
$4,800.
(3) For each game from 27 to 35 games, inclusive, the sum of
$2,800.
(4) For each game more than 35 games, the sum of $100.
2. The Commission shall charge and collect the fee prescribed in
subsection 1, at the rate of one-fourth of the prescribed annual rate for
each calendar quarter:
(a) On or before the last day of the last month in a calendar
quarter, for the ensuing calendar quarter, from a licensee whose
operation is continuing.
(b) In advance from a licensee who begins operation or puts
additional games into play during a calendar quarter.
3. Except as otherwise provided in NRS 463.386 , no proration of the quarterly amount
prescribed in subsection 2 may be allowed for any reason.
4. In computing the number of games operated or to be operated by
an applicant under this section, a license authorizing the receiving of
bets or wagers on races held at a track which uses the pari-mutuel system
of wagering located outside of the State of Nevada or on sporting events
by any system or method of wagering other than the system known as the
pari-mutuel method of wagering, shall be deemed a game within the meaning
of this section.
5. Card games, that is, stud or draw poker, bridge, whist, solo,
low ball, and panguingui for money, and slot machines, when not utilized
as an adjunct to or a unit of any banking, percentage or mechanical
device or machine, are not gambling games under the provisions of this
section.
6. All games operated or conducted in one room or a group of rooms
in the same or a contiguous building are considered one operation and the
license to be paid must be determined on the aggregate number of games in
each room or group of rooms in the same or a contiguous building.
(Added to NRS by 1967, 883; A 1969, 191; 1973, 390; 1975, 691;
1979, 1018; 1981, 1094; 1987, 633)
1. In addition to any other license fees and taxes imposed by this
chapter, there is hereby imposed upon each slot machine operated in this
State an annual excise tax of $250. If a slot machine is replaced by
another, the replacement is not considered a different slot machine for
the purpose of imposing this tax.
2. The Commission shall:
(a) Collect the tax annually on or before June 30, as a condition
precedent to the issuance of a state gaming license to operate any slot
machine for the ensuing fiscal year beginning July 1, from a licensee
whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation
or puts additional slot machines into play during the fiscal year,
prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming
taxes collected.
3. Any other person, including, without limitation, an operator of
an inter-casino linked system, who is authorized to receive a share of
the revenue from any slot machine that is operated on the premises of a
licensee is liable to the licensee for that person’s proportionate share
of the license fees paid by the licensee pursuant to this section and
shall remit or credit the full proportionate share to the licensee on or
before the dates set forth in subsection 2. A licensee is not liable to
any other person authorized to receive a share of the licensee’s revenue
from any slot machine that is operated on the premises of a licensee for
that person’s proportionate share of the license fees to be remitted or
credited to the licensee by that person pursuant to this section.
4. The Commission shall pay over the tax as collected to the State
Treasurer to be deposited to the credit of the State Distributive School
Account in the State General Fund, and the Capital Construction Fund for
Higher Education and the Special Capital Construction Fund for Higher
Education, which are hereby created in the State Treasury as special
revenue funds, in the amounts and to be expended only for the purposes
specified in this section.
5. During each fiscal year, the State Treasurer shall deposit the
tax paid over to him by the Commission as follows:
(a) The first $5,000,000 of the tax in the Capital Construction
Fund for Higher Education;
(b) Twenty percent of the tax in the Special Capital Construction
Fund for Higher Education; and
(c) The remainder of the tax in the State Distributive School
Account in the State General Fund.
6. There is hereby appropriated from the balance in the Special
Capital Construction Fund for Higher Education on July 31 of each year
the amount necessary to pay the principal and interest due in that fiscal
year on the bonds issued pursuant to section 5 of chapter 679, Statutes
of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at
page 1251, the bonds authorized to be issued by section 2 of chapter 643,
Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued
by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the
bonds authorized to be issued by section 2 of chapter 718, Statutes of
Nevada 1991, at page 2382, and the bonds authorized to be issued by
section 2 of chapter 629, Statutes of Nevada 1997, at page 3106. If in
any year the balance in that fund is not sufficient for this purpose, the
remainder necessary is hereby appropriated on July 31 from the Capital
Construction Fund for Higher Education. The balance remaining
unappropriated in the Capital Construction Fund for Higher Education on
August 1 of each year and all amounts received thereafter during the
fiscal year must be transferred to the State General Fund for the support
of higher education. If bonds described in this subsection are refunded
and if the amount required to pay the principal of and interest on the
refunding bonds in any fiscal year during the term of the bonds is less
than the amount that would have been required in the same fiscal year to
pay the principal of and the interest on the original bonds if they had
not been refunded, there is appropriated to the Nevada System of Higher
Education an amount sufficient to pay the principal of and interest on
the original bonds, as if they had not been refunded. The amount required
to pay the principal of and interest on the refunding bonds must be used
for that purpose from the amount appropriated. The amount equal to the
saving realized in that fiscal year from the refunding must be used by
the Nevada System of Higher Education to defray, in whole or in part, the
expenses of operation and maintenance of the facilities acquired in part
with the proceeds of the original bonds.
7. After the requirements of subsection 6 have been met for each
fiscal year, when specific projects are authorized by the Legislature,
money in the Capital Construction Fund for Higher Education and the
Special Capital Construction Fund for Higher Education must be
transferred by the State Controller and the State Treasurer to the State
Public Works Board for the construction of capital improvement projects
for the Nevada System of Higher Education, including, but not limited to,
capital improvement projects for the community colleges of the Nevada
System of Higher Education. As used in this subsection, “construction”
includes, but is not limited to, planning, designing, acquiring and
developing a site, construction, reconstruction, furnishing, equipping,
replacing, repairing, rehabilitating, expanding and remodeling. Any money
remaining in either Fund at the end of a fiscal year does not revert to
the State General Fund but remains in those Funds for authorized
expenditure.
8. The money deposited in the State Distributive School Account in
the State General Fund under this section must be apportioned as provided
in NRS 387.030 among the several school
districts and charter schools of the State at the times and in the manner
provided by law.
9. The Board of Regents of the University of Nevada may use any
money in the Capital Construction Fund for Higher Education and the
Special Capital Construction Fund for Higher Education for the payment of
interest and amortization of principal on bonds and other securities,
whether issued before, on or after July 1, 1979, to defray in whole or in
part the costs of any capital project authorized by the Legislature.
(Added to NRS by 1967, 874; A 1971, 168; 1973, 909; 1975, 692;
1977, 1033; 1979, 1738, 1739; 1983, 515, 516, 1364, 1365; 1987, 423,
1501, 1504; 1989, 314, 1375; 1991, 1911, 2380; 1993, 407, 584; 1997,
3104; 1999, 957 , 1423 , 3320 ; 2005, 369 )
1. In addition to any other state license fees imposed by this
chapter, the Commission shall, before issuing a state gaming license to
an operator of a slot machine route, an operator of a mobile gaming
system or an operator of an inter-casino linked system, charge and
collect from him an annual license fee of $500.
2. Each such license must be issued for a calendar year beginning
January 1 and ending December 31. If the operation of the licensee is
continuing, the Commission shall charge and collect the fee on or before
December 31 for the ensuing calendar year.
3. Except as otherwise provided in NRS 463.386 , the fee to be charged and collected under
this section is the full annual fee, without regard to the date of
application for or issuance of the license.
(Added to NRS by 1983, 1332; A 1995, 761; 2005, 719 )
1. The Commission shall, before issuing a state gaming license to
an operator of an information service, charge and collect an annual fee
of $6,000.
2. Each such license must be issued for a calendar year beginning
on January 1 and ending on December 31. If the operation of the licensee
is continuing, the Commission shall charge and collect the fee on or
before December 31 for the ensuing calendar year.
3. Except as otherwise provided in NRS 463.386 , the fee to be charged and collected pursuant
to this section is the full annual fee, without regard to the date of
application for or issuance of the license.
(Added to NRS by 1997, 1117)
1. Except as otherwise provided in NRS 463.386 , the Commission shall charge and collect from
each licensee who concludes a gaming operation:
(a) A fee, to be included on the final tax return at the close of
operations and derived from application of the rates and monetary limits
set forth in NRS 463.370 , based on the
total outstanding value of collectible credit instruments received as a
result of that gaming operation which are held by the licensee and remain
unpaid on the last tax day; or
(b) A monthly fee on all cash or other compensation received by the
licensee or any affiliate of the licensee in payment of any credit
instrument received as a result of that gaming operation which is held by
the licensee or any affiliate of the licensee and remains unpaid on the
last tax day.
2. The monthly fee must be:
(a) Calculated by applying to the amount of cash or other
compensation received in payment of a credit instrument during the month
a rate derived from the application of the rates and monetary limits set
forth in NRS 463.370 to the licensee’s
experience in receiving payment of credit instruments before concluding
gaming operations; and
(b) Collected and refunded pursuant to the regulations adopted by
the Commission.
3. To secure payment of the monthly fee, the licensee must make a
cash deposit or post and maintain a surety bond or other acceptable form
of security with the Commission in an amount determined by applying the
rate derived pursuant to paragraph (a) of subsection 2 to the value of
all collectible credit instruments.
4. As used in this section:
(a) “Last tax day” means the last day for which a licensee is
legally obligated to pay the fees imposed pursuant to NRS 463.370 .
(b) “Value of all collectible credit instruments” means the amount
of cash or other compensation the licensee may reasonably expect to
receive in payment of unpaid credit instruments after conclusion of his
gaming operation, taking into account all relevant factors.
(Added to NRS by 1989, 2058; A 1993, 7; 1997, 3502)
1. If the Commission approves the issuance of a license for gaming
operations at the same location, or locations if the license is for the
operation of a slot machine route, within 30 days following a change
described in subsection 2, for the purposes of NRS 463.370 and 463.373
to 463.3855 , inclusive, the gaming
license shall be deemed transferred and the previously licensed operation
shall be deemed a continuing operation.
2. Credit must be granted for prepaid license fees as described in
subsection 1 if:
(a) The securities of a corporate gaming licensee are or become
publicly held or publicly traded and the gaming operations of that
corporation are transferred to a wholly owned subsidiary corporation;
(b) A corporate gaming licensee is merged with another corporation
which is the surviving entity and at least 80 percent of the surviving
entity is owned by shareholders of the former licensee;
(c) A corporate gaming licensee is dissolved, and the parent
corporation of the dissolved corporation or a subsidiary corporation of
the parent corporation, at least 80 percent of which is owned by the
parent corporation, becomes the gaming licensee;
(d) A corporate gaming licensee or a gaming licensee which is a
partnership or limited partnership is reorganized pursuant to a plan of
reorganization approved by the Commission, and a limited partnership or
limited-liability company is the surviving entity;
(e) The assets of a gaming licensee who is a sole proprietorship
are transferred to:
(1) A corporation and at least 80 percent of the stock of
the corporation is held by the former sole proprietor; or
(2) A limited-liability company and at least 80 percent of
the interests in the limited-liability company are held by the former
sole proprietor;
(f) A corporate gaming licensee is dissolved and the assets of the
gaming establishment are transferred to:
(1) A sole proprietorship in which the sole proprietor owned
at least 80 percent of the stock of the former corporation; or
(2) A limited-liability company in which at least 80 percent
of the interests are owned by a person who owned at least 80 percent of
the stock of the former corporation;
(g) A licensed gaming partnership or limited partnership is
dissolved and the assets of the gaming establishment are transferred to a
sole proprietorship in which the sole proprietor owned at least 80
percent of the former partnership or limited partnership interests;
(h) The assets of a gaming licensee who is a sole proprietorship
are transferred to a partnership or limited partnership in which at least
80 percent of the ownership of the partnership or limited partnership
interests are held by the former sole proprietor;
(i) A licensed gaming partnership, limited partnership or
limited-liability company is dissolved and the assets of the gaming
establishment are transferred to a corporation, at least 80 percent of
the stock of which is held by persons who held interests in the former
partnership, limited partnership or limited-liability company;
(j) A licensed gaming partnership or limited partnership is
dissolved or reorganized and the assets of the gaming establishment are
transferred to a partnership, limited partnership or limited-liability
company, at least 80 percent of the ownership of which is held by the
former partnership interests; or
(k) A trustee, receiver, assignee for the benefit of a creditor or
a fiduciary is approved to continue the operation of a licensed
establishment and the Commission deems the operation to continue pursuant
to the existing license of the establishment.
3. Except as otherwise provided in this section, no credit or
refund of fees or taxes may be made because a gaming establishment ceases
operation.
(Added to NRS by 1973, 389; A 1975, 693; 1979, 1528, 1740; 1981,
1095; 1983, 1337; 1991, 534, 1011; 1993, 2001)
1. State gaming license fees or taxes paid in excess of the amount
required to be reported and paid may be refunded, upon the approval of
the Commission, as other claims against the State are paid.
2. Within 90 days after the mailing of the notice of the
Commission’s action upon a claim for refund filed pursuant to this
chapter, the claimant may bring an action against the Commission on the
grounds set forth in the claim in any court of competent jurisdiction for
the recovery of the whole or any part of the amount with respect to which
the claim has been disallowed.
3. Failure to bring an action within the time specified in
subsection 2 constitutes a waiver of any demand against the State on
account of alleged overpayments.
4. Within 20 days after the mailing of the notice of the
Commission’s action upon a claim for refund filed pursuant to this
chapter, the claimant may file a motion for rehearing with the
Commission. The Commission must take action on the motion for rehearing
within 50 days after it has been filed with the Commission. If the motion
for rehearing is granted, the Commission’s earlier action upon the claim
for refund is rescinded and the 90-day period specified in subsection 2
does not begin until the Commission mails notice of its action upon the
claim following the rehearing.
5. If the Commission fails to mail its notice of action on a claim
within 6 months after the claim is filed or reheard, the claimant may
consider the claim disallowed and bring an action against the Commission
on the grounds set forth in the claim for the recovery of the whole or
any part of the amount claimed as an overpayment.
6. In any case where a refund is granted, interest must be allowed
at one-half the rate prescribed in NRS 17.130 upon the amount found to have been erroneously
paid from the first day of the first month following the date of
overpayment until paid. The Commission may in its discretion deny or
limit the payment of interest if it finds that the claimant has failed to
file a claim for a refund within 90 days after receiving written
notification of overpayment from the Board or has impeded the Board’s
ability to process the claim in a timely manner.
7. Notwithstanding the provisions of NRS 353.115 , any claim for refund of state gaming license
fees or taxes paid in excess of the amount required to be reported and
paid must be filed with the Commission within 5 years after the date of
overpayment and not thereafter.
8. The provisions of this chapter must not be construed to permit
the proration of state gaming taxes or license fees for purposes of a
refund.
(Added to NRS by 1969, 913; A 1975, 693, 1143; 1977, 1406; 1981,
1097; 1991, 933; 1995, 205; 1999, 3175 ; 2001, 3088 )
1. If any person fails to make a report of the state license fees
or taxes as required by this chapter, or if the Board is not satisfied
with the report of the state license fees or taxes required to be paid to
the State pursuant to this chapter by any person, the Board may compute
and determine the amount required to be paid upon the basis of:
(a) The facts contained in the report, if any;
(b) An audit conducted by the Board;
(c) An estimate of the amount of taxes or fees due pursuant to the
provisions of this chapter;
(d) Any information within its possession or that may come into its
possession; or
(e) Any combination of the methods described in paragraphs (a) to
(d), inclusive.
2. Any interest on the tax unpaid by reason of a credit instrument
that is the subject of a determination by the Board pursuant to NRS
463.371 accrues from the first day of
the second month following the month in which the action or omission on
which the determination is based occurred.
3. In making such a determination, the Board may offset
overpayments and interest due thereon against underpayments and interest
or penalties due thereon for the period of the audit.
4. If overpayments and interest thereon exceed underpayments,
penalties and interest thereon, the excess must be refunded to the
licensee except where otherwise expressly provided.
(Added to NRS by 1977, 1403; A 1981, 1097, 1544; 1987, 397; 1997,
3503)
1. The Board shall give written notice of its determination
pursuant to NRS 463.388 to the licensee
or other person responsible for the payment of the license fee or tax.
2. The notice may be served by sending it by certified mail,
addressed to the licensee or other person at the licensed location as it
appears in the records of the Commission.
3. Except in the case of fraud or intent to evade the payment of
any fee or tax imposed by this chapter, every notice of a determination
of deficiency must be mailed within 5 years after the last day of the
calendar month following the applicable reporting period in which the
deficiency occurred or within 5 years after the report is filed by the
licensee, whichever period expires later.
4. If, before the expiration of the time prescribed in this
section for the mailing of a notice of a determination of deficiency, the
licensee has consented in writing to the mailing of the notice after that
time, the notice may be mailed at any time before the expiration of the
period agreed upon. The period so agreed upon may be extended by
subsequent agreements in writing before the expiration of the period
previously agreed upon.
5. If the reasons for the deficiency are not apparent, the Board
shall include a brief explanation of those reasons in the notice of a
determination of deficiency.
(Added to NRS by 1977, 1404; A 1981, 1098; 1987, 289; 1991, 934)
1. Upon the expiration of 30 days after the service of notice of a
deficiency determination, the amount of license fees or taxes due,
together with all interest and penalties, constitutes a lien on any
right, title or interest in all real and personal property where the
gaming establishment is located, or that is directly connected with
gaming, which is in the State and owned by the person against whom the
determination has been made unless he files a petition for a
redetermination which complies with the provisions of NRS 463.3883 .
2. If a proper petition for a redetermination is filed, any amount
due pursuant to a final order or decision upon the petition for
redetermination constitutes a lien on all such property within the State
owned by the debtor upon service of the final order or decision.
3. The filing of a petition for judicial review does not affect
the lien or stay any action for the enforcement of the lien. If the
amount due is modified upon review, the Commission shall record a notice
of the modification of the amount of the lien.
4. A debtor continues to be responsible for a deficiency
determination although he is no longer licensed pursuant to this chapter.
5. A lien created pursuant to this section is perfected upon the
recording of a notice of the lien with the Secretary of State and the
county recorder of the county within which the establishment subject to
the lien is located. The lien has priority over any other lien except a
previously recorded lien and continues for 5 years from the date it is
recorded unless it is sooner discharged.
6. Within 5 years after the recording of the lien or within 5
years after its most recent extension, the lien may be extended by
recording a notice that it remains unsatisfied with the Secretary of
State and the county recorder of the county within which the
establishment subject to the lien is located. Upon this recording, the
existence of the lien is extended 5 years unless sooner released or
otherwise discharged.
7. The lien is discharged upon:
(a) Payment or cancellation of the underlying debt; or
(b) The conveyance to the State of property which satisfied the
underlying debt.
(Added to NRS by 1981, 1071)
1. Any person against whom a determination is made pursuant to NRS
463.388 may petition the Commission for
a redetermination within 30 days after service of notice of the
determination upon him. If a petition for redetermination satisfying the
requirements of subsection 3 is not filed within 30 days, the
determination becomes final at the expiration of the period.
2. If a petition for redetermination satisfying the requirements
of subsection 3 is filed within the 30-day period, the Commission shall
reconsider the determination and, if the petitioner has so requested,
shall grant the petitioner a hearing.
3. A petition for redetermination must:
(a) Specify the contested portions of the determination of
deficiency;
(b) Specify the grounds for redetermination;
(c) State whether a hearing is requested; and
(d) Be accompanied by payment in full of the uncontested portion of
the determination, including any interest and penalties.
4. An order or decision of the Commission upon a petition for
redetermination is final 10 days after service upon the petitioner.
5. A petitioner against whom an order or decision of the
Commission has become final may, within 60 days after it becomes final,
petition for judicial review in the manner provided by NRS 463.315 to 463.318 ,
inclusive. The Board may not petition for judicial review.
(Added to NRS by 1977, 1404; A 1981, 1098; 1987, 398; 1991, 2147)
The remedies of the
State for the collection and payment of license fees, taxes, penalties
and interest provided for in this chapter are cumulative and any action
taken by the Commission or the Attorney General does not constitute an
election by the State to pursue any remedy to the exclusion of any other
remedy for which provision is made in this chapter.
(Added to NRS by 1977, 1404)
1. Any natural person, firm, association, corporation,
partnership, limited partnership or limited-liability company desiring to
conduct, operate or carry on any gambling game, slot machine or any game
of chance must, upon proper application to the sheriff if there is no
county license department or to that department of the county wherein it
is proposed that the slot machine, game or games be conducted or
operated, be issued a license for each particular device or game or slot
machine under the following conditions and regulations:
(a) The natural person, firm, association, corporation,
partnership, limited partnership or limited-liability company so applying
must furnish a complete description of the particular room and premises
in which the applicant desires to carry on or conduct the slot machine,
device or game, together with the location of the building, its street
number, if any, and any other information by which it may be definitely
and readily located and recognized.
(b) The applicant must state definitely the particular type of slot
machine or the particular game or device which the applicant desires to
carry on or conduct in the room and premises, and the slot machine, game
or device must be specifically described in and entered upon the license.
(c) Card games, that is, stud and draw poker, bridge, whist, solo,
and panguingui for money, must be licensed independently of other games
mentioned in this section, regardless of locality or population, at the
rate of $25 per table per month, payable at the time of the application
prorated to the end of the calendar quarter during which the application
is made, and thereafter payable 3 months in advance.
(d) A license fee of $50 per month, payable at the time of the
application prorated to the end of the calendar quarter during which the
application is made, and thereafter payable for 3 months in advance, must
be paid to the sheriff or county license department for each license
issued for a game or device except for slot machines and games as
otherwise provided for in this section. For each money slot machine the
license fee is $10 per month, payable at the time of the application
prorated to the end of the calendar quarter during which the application
is made, and thereafter payable for 3 months in advance. When a
combination of units are operated by one handle, the license fee is $10
per month, payable at the time of the application prorated to the end of
the calendar quarter during which the application is made, and thereafter
payable for 3 months in advance, for each unit paying in identical
denominations operated thereby.
(e) The license entitles the holder to carry on or operate the
specific slot machine, game or device for which the license is issued in
the particular room and premises described therein, but not any other
slot machine, game or device than that specified therein, or the
specified slot machine, game or device in any other place than the room
and premises so described, for a period of 3 months next succeeding the
date of issuance of the license.
2. The licensee is entitled to operate two or more slot machines,
games or devices in the same room by paying the license fee provided for
in this section for each slot machine, game or device and otherwise
complying with the terms of this section.
3. Except as otherwise provided in subsection 4 or NRS 463.400
, any person failing to pay any license
fees due to a county at the times respectively provided in this chapter
must pay in addition to the license fees a penalty of not less than $50
or 25 percent of the amount due, whichever is the greater, but not more
than $1,000 if the fees are less than 10 days late and in no case more
than $5,000. The penalty must be collected as are other charges, license
fees and penalties under this chapter.
4. A county may waive all or part of any penalty due pursuant to
subsection 3 if the board of county commissioners issues a written
finding that the license fees were not paid in a timely manner as a
result of circumstances beyond the licensee’s control.
5. Where the operator of a slot machine route is contractually
responsible for the payment of license fees for a particular
establishment which holds a restricted license, the operator is also
responsible for the payment of any penalties imposed for late payment of
those license fees. In such a case, the owner of the establishment is not
responsible for the payment of any penalties so imposed.
[2:99:1931; A 1939, 95; 1931 NCL § 3302.01] + [Part 10ee:99:1931;
added 1947, 734; A 1949, 114; 1955, 760]—(NRS A 1959, 454; 1967, 1037,
1373; 1969, 192; 1979, 739, 1405; 1991, 617; 1993, 2002)
1. The license fee or tax imposed by a local government for
conducting, carrying on or operating any gambling game, slot machine or
other game of chance must not exceed:
(a) The amount, if charged per person, establishment, game or
machine; or
(b) The rate, if charged according to revenue,
Ê which was in effect for that purpose on or before April 27, 1981.
2. If on that date the local government:
(a) Was in existence, had a population of less than 2,000 and was
not collecting or authorized by ordinance to collect such a fee or tax,
the local government may impose such a fee or tax in an amount approved
by the Nevada Tax Commission which is not greater than the largest fee or
tax imposed by a local government of the same kind. The fee or tax must
not be increased.
(b) Was in existence, had a population of less than 2,000, and was
authorized to collect but was not collecting such a fee or tax, the local
government may impose such a fee or tax in an amount not greater than
that authorized by ordinance.
(c) Was collecting a fee or tax which is afterward held to be
invalid, the local government may impose a new fee or tax no greater in
amount of estimated revenue to be derived than the fee or tax held
invalid.
(Added to NRS by 1981, 568; A 1985, 1152; 1987, 936)
Any person who willfully fails to
report, pay or truthfully account for and pay over the license fees
imposed by NRS 463.370 , 463.373 to 463.3855 , inclusive, 463.390 , 463.450 and
463,760 to 463.775, inclusive, or willfully attempts in any manner to
evade or defeat any such tax or payment thereof, or any licensee who puts
additional games into play without authority of the Commission to do so
or any licensee who fails to remit any license fee provided for by this
chapter when due is in addition to the amount due liable for a penalty of
the amount of the license fee evaded or not paid, collected or paid over.
The penalty must be assessed and collected in the same manner as are
other charges, license fees and penalties under this chapter.
[Part 10e:99:1931; added 1945, 492; A 1947, 734; 1949, 114; 1955,
760]—(NRS A 1965, 1036; 1967, 676, 822, 888; 1981, 1098; 1983, 1337;
1997, 1196; 2001, 3089 )
GAMING SALONS
1. A licensee may apply to the Board, on forms prescribed by the
Board, for a license to operate a gaming salon.
2. A nonrefundable application fee in the amount of $5,000 must
accompany the application for a license to operate a gaming salon.
3. An applicant must pay the costs incurred by the Board for
investigation of an application.
(Added to NRS by 2001, 896 ; A 2003, 1170 )
The Commission shall, with the advice and assistance of the Board, adopt
regulations setting forth:
1. The policies and procedures for approval of a license to
operate a gaming salon.
2. The standards of operation for a gaming salon, including,
without limitation, policies and procedures governing:
(a) Surveillance and security systems.
(b) The games offered. The regulations must provide that the games
offered must include table games and may include slot machines.
(c) Minimum wagers for any game offered. The regulations must
provide that minimum wagers for slot machines must not be less than $500.
(Added to NRS by 2001, 896 ; A 2003, 1171 )
1. The admission of a patron to a gaming salon:
(a) May be restricted on the basis of the financial criteria of the
patron as established by the licensee and approved by the Board; and
(b) Must not be restricted on the basis of the race, color,
religion, national origin, ancestry, physical disability or sex of the
patron.
2. Any unresolved dispute with a patron concerning restriction of
admission to a gaming salon shall be deemed a dispute as to the manner in
which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362
to 463.366 , inclusive.
(Added to NRS by 2001, 896 ; A 2003, 1171 )
PERMITS FOR HOLIDAYS AND SPECIAL EVENTS
1. As used in this section, “holidays or special events” refers to
periods during which the influx of tourist activity in this State or any
area thereof may require additional or alternative industry accommodation
as determined by the Board.
2. Any licensee holding a valid license under this chapter may
apply to the Board, on application forms prescribed by the Board, for a
holiday or special event permit to:
(a) Increase the licensee’s game operations during holidays or
special events; or
(b) Provide persons who are attending a special event with gaming
in an area of the licensee’s establishment to which access by the general
public may be restricted.
3. The application must be filed with the Board at least 15 days
before the date of the holiday or special event.
4. If the Board approves the application, it shall issue to the
licensee a permit to operate presently existing games or any additional
games in designated areas of the licensee’s establishment. The number of
additional games must not exceed 50 percent of the number of games
operated by the licensee at the time the application is filed. The permit
must state the period for which it is issued and the number, if any, of
additional games allowed. For purposes of computation, any fractional
game must be counted as one full game. The licensee shall present any
such permit on the demand of any inspecting agent of the Board or
Commission.
5. Before issuing any permit, the Board shall charge and collect
from the licensee a fee of $14 per game per day for each day the permit
is effective. The fees are in lieu of the fees required under NRS 463.380
, 463.383 and 463.390 .
6. The additional games allowed under a permit must not be counted
in computing the tax imposed by NRS 368A.200 .
7. If any such additional games are not removed at the time the
permit expires, the licensee is immediately subject to the fees provided
for in this chapter.
(Added to NRS by 1969, 510; A 1975, 166; 1987, 617; 1993, 313;
2003, 20th Special Session, 212 )
GAMES OPERATED BY CHARITABLE OR EDUCATIONAL ORGANIZATIONS
Except as otherwise provided in
NRS 463.4091 to 463.40965 , inclusive, the Board may approve the
operation of a game or games by a charitable or educational organization
subject to such conditions and limitations as the Board may impose, but
no such approval shall be given by the Board for the operation of a game
or games for more than one event or function conducted or sponsored by
one charitable or educational organization during any 1 calendar quarter.
(Added to NRS by 1969, 465; A 1993, 1162)
CHARITABLE BINGO GAMES OPERATED BY QUALIFIED ORGANIZATIONS
As used in NRS 463.4091 to 463.40965 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 463.40915 to 463.4093 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1993, 1159)
“Calendar quarter”
means a period of 3 consecutive months commencing on the first day of
January, April, July or October in any year.
(Added to NRS by 1993, 1159)
“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 1993, 1159)
“Net proceeds” means the
total amount of money collected from charitable bingo games, less the
total amount of money expended for prizes, supplies, advertising,
promotion, printing, administration and other direct expenses necessary
to operate charitable bingo.
(Added to NRS by 1993, 1159)
“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 1993, 1159)
1. The Board and Commission shall administer the provisions of NRS
463.4091 to 463.40965 , inclusive, 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, may adopt
such regulations as it deems desirable to enforce the provisions of NRS
463.4091 to 463.40965 , inclusive, pursuant to the procedure set
forth in NRS 463.145 .
(Added to NRS by 1993, 1159)
A qualified organization may operate a
charitable bingo game without obtaining a license pursuant to NRS 463.160
if:
1. The organization is approved by the Executive Director and the
total value of all the prizes offered in charitable bingo games 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 bingo games operated
by the organization during the same calendar year does not exceed
$50,000; or
3. The total value of the prizes offered in the charitable bingo
games does not exceed $2,500 per calendar quarter.
(Added to NRS by 1993, 1160)
1. The Executive Director shall:
(a) Register a qualified organization that complies with the
requirements of NRS 463.4095 .
(b) Approve a qualified organization if:
(1) The organization complies with the requirements of NRS
463.4095 ; 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 60 days after its
submission of an application pursuant to NRS 463.4095 , 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 1993, 1160)
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 bingo
games and any activities related to those bingo games.
(4) A description of all the prizes to be offered in
charitable bingo games 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 bingo games, including copies of any proposed agreements
between the organization and any suppliers of material for the operation
of those bingo games.
(5) A description of the intended use of the net proceeds of
charitable bingo games operated by the organization during the calendar
year to which the application pertains.
(6) The address of the location where charitable bingo games
will be conducted by the organization during the calendar year to which
the application pertains.
(7) A statement that charitable bingo games will be
conducted in accordance with standards of honesty and integrity
applicable to licensed bingo games in this state.
(8) Any other information the Executive Director deems
appropriate.
(b) A nonrefundable fee of:
(1) For registration, $10; or
(2) For a request for approval, $25.
(c) If the qualified organization requests approval of the
Executive Director, it must:
(1) Submit a complete set of the fingerprints of its
officers, principals and persons responsible for management of the bingo
games, on forms approved by the Executive Director, which the Executive
Director may forward to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation
for its report; and
(2) Reimburse the Board for its costs incurred in submitting
the fingerprints for review.
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 NRS 463.4091 to 463.40965 , inclusive.
(Added to NRS by 1993, 1160; A 2003, 2851 )
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
this chapter for a finding of suitability to operate charitable bingo in
this state.
(b) Any person who is employed by, a member of, a supplier of or
otherwise associated with such an organization to file an application
pursuant to this chapter for a finding of suitability to be associated
with the operation of charitable bingo in this state.
2. 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 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
charitable bingo in this state.
(c) A complete application for a finding of suitability is not
submitted to the Board 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 charitable bingo 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.
Every contract or agreement for personal services to a qualified
organization or for the conduct of any activity relating to the operation
of charitable bingo shall be deemed to include a provision for its
termination without liability on the part of the qualified organization
upon a finding by the Commission that the person is unsuitable to be
associated with a qualified organization. Failure expressly to include
such a condition in the agreement is not a defense in any action brought
pursuant to this section to terminate the agreement.
(Added to NRS by 1993, 1161)
A qualified organization
shall not:
1. Compensate any person for the provision of prizes and supplies
used in the operation of charitable bingo in an amount that exceeds the
fair market value of the prizes and supplies necessary for the operation
of charitable bingo.
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 charitable bingo or
assisting in the organization or operation of charitable bingo. 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 charitable bingo.
(Added to NRS by 1993, 1162)
1. A qualified organization shall expend the net proceeds of
charitable bingo only for the benefit of charitable or nonprofit
activities in this state.
2. On or before February 1 of each year, a qualified organization
approved by the Executive Director shall submit to the Executive Director
a financial report on its charitable bingo activities for the preceding
calendar year. The financial report must include a statement of:
(a) The expenses incurred in the operation of charitable bingo
games; and
(b) The amount and use of the net proceeds of charitable bingo
games.
(Added to NRS by 1993, 1162)
TRANSPORTATION OF GAMING DEVICES IN INTERSTATE COMMERCE
S.C. §
1172. Pursuant to section 2 of that certain Act of the Congress of the
United States entitled “An act to prohibit transportation of gambling
devices in interstate and foreign commerce,” approved January 2, 1951,
being c. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. §§
1171-1177, the State of Nevada, acting by and through its duly elected
and qualified members of its Legislature, does hereby in this section,
and in accordance with and in compliance with the provisions of section 2
of such Act of Congress, declare and proclaim that it is exempt from the
provisions of section 2 of that certain Act of the Congress of the United
States entitled “An act to prohibit transportation of gambling devices in
interstate and foreign commerce,” approved January 2, 1951, being c.
1194, 64 Stat. 1134.
[1:97:1951]
All
shipments of gambling devices, including slot machines, into this state,
the registering, recording and labeling of which has been duly had by the
manufacturer or dealer thereof in accordance with sections 3 and 4 of
that certain Act of the Congress of the United States entitled “An act to
prohibit transportation of gambling devices in interstate and foreign
commerce,” approved January 2, 1951, being c. 1194, 64 Stat. 1134, and
also designated as 15 U.S.C. §§ 1171-1177, shall be deemed legal
shipments thereof into this state.
[2:97:1951]
DISSEMINATION OF LIVE BROADCASTS FOR RACING
As used in NRS 463.421 to 463.480 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 463.4212 to 463.4218
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1987, 1779; A 1997, 1196)
“Live broadcast” means an
audio and video transmission of a race, or series of races, as it occurs
at a track and which is furnished by a disseminator to a user for a fee.
(Added to NRS by 1987, 1779)
“Racing meet” means a series
of scheduled races held at a track for a specified period.
(Added to NRS by 1987, 1779)
“Track” means a facility licensed
to operate horse or other racing where pari-mutuel wagering on races is
conducted.
(Added to NRS by 1987, 1779)
“User” means an operator of a race
book, sports pool or gambling game who is licensed in this state and
receives and displays a live broadcast within this state and uses
information contained in the broadcast to determine winners of or payoffs
on wagers he accepts.
(Added to NRS by 1987, 1779)
1. A disseminator who wishes to submit a proposal for the
exclusive right to disseminate a live broadcast for a racing meet to
users must give written notice to the Board not earlier than 180 days nor
later than 100 days before the racing meet begins. The Board may provide
for a shorter period of notice.
2. Within 20 days after it receives such a notice, the Board shall
give written notice to the disseminator indicating when a written
proposal must be submitted. If the Board reviews the submitted proposals
and determines that a hearing is necessary, the Board shall give written
notice to each disseminator and user indicating that the Board intends to
conduct a hearing to determine which disseminator will receive the
exclusive right to disseminate a live broadcast for a racing meet to
users.
3. If the Board reviews the submitted proposals and determines
that the selection of a disseminator may be made without a hearing, it
shall give written notice of its determination and selection to each
disseminator and shall post such a notice in a conspicuous place in each
of its offices in Las Vegas and Carson City for inspection by members of
the public.
4. All notices given by the Board pursuant to this section must
contain all information the Commission, with the advice and assistance of
the Board, may prescribe by regulation.
(Added to NRS by 1987, 1779; A 1991, 1844)
1. Whenever the Board decides to conduct a hearing to determine
which disseminator will receive the exclusive right to disseminate a live
broadcast for a racing meet to users, the Board shall appoint a hearing
panel, consisting of three members, to conduct the hearing. The
Commission, with the advice and assistance of the Board, shall prescribe
by regulation the qualifications of those members.
2. The members of the panel are entitled to receive the necessary
expenses incurred in carrying out their duties as prescribed by the
Board. The expenses must be paid from the account for the operation of
hearing panels.
3. The Board may enter into agreements necessary to provide for
the services of the members of the hearing panels appointed pursuant to
this section.
4. The Board shall provide from its staff such additional
personnel as it deems necessary to carry out the provisions of this
section.
(Added to NRS by 1987, 1779; A 1991, 1844)
1. The hearing panel shall keep a record of the hearing and allow
any disseminator or user to present oral or written testimony at the
hearing.
2. At the hearing each interested disseminator shall present a
proposal for the exclusive right to disseminate a live broadcast to users.
3. A user may present evidence in support of or in opposition to
any proposal presented by a disseminator, except that a user may not
offer an opinion as to which disseminator the panel should recommend to
the Board.
4. Within 10 days after the hearing is completed, the hearing
panel shall select the proposal of one disseminator from the proposals
presented at the hearing and submit to the Board the name of that
disseminator as its recommendation.
5. The Board may accept or reject the recommendation of the
hearing panel. If the Board rejects the recommendation, it may select any
other disseminator who presented a proposal at the hearing, or may reject
all proposals presented at the hearing.
6. The Commission, with the advice and assistance of the Board,
shall adopt regulations prescribing the information and documentation
each disseminator must include in his proposal.
(Added to NRS by 1987, 1779)
1. Any disseminator who presents a proposal or user who presents
evidence at the hearing conducted pursuant to NRS 463.424 may appeal the decision of the Board. The
aggrieved party must file a petition with the Commission within 10 days
after the Board issues its decision.
2. The party seeking the review bears the burden of proof. The
Commission’s review must be confined to the record and is limited solely
to a consideration and determination of the question of whether there has
been an abuse of discretion by the Board in its decision.
3. The decision of the Commission is final and is not subject to
judicial review.
(Added to NRS by 1987, 1780)
The Board may:
1. Authorize a disseminator to enter into an agreement with a
track to disseminate to users a live broadcast which is received from the
track.
2. Establish fees to be paid by a user of a live broadcast in an
amount which is equal to the cost of carrying out the provisions of NRS
463.421 to 463.427 , inclusive.
3. The Board shall deposit the fees with the State Treasurer for
credit to the Account for the Operation of Hearing Panels. Any interest
earned on money in the Account must be credited to that Account.
(Added to NRS by 1987, 1780)
No live broadcast may be used or disseminated unless the
rights for that broadcast have been secured by a disseminator authorized
by the Board pursuant to NRS 463.424 .
(Added to NRS by 1987, 1780)
DISSEMINATION AND BROADCAST OF INFORMATION CONCERNING RACING
1. It is unlawful for any person in this state to receive, supply
or disseminate in this state by any means information received from any
source outside of this state concerning racing, when the information is
to be used to maintain and operate any gambling game and particularly any
race book, except off-track pari-mutuel wagering for which the user is
licensed pursuant to chapter 464 of NRS,
without first having obtained a license so to do as provided in NRS
463.430 to 463.480 , inclusive.
2. The provisions of this section do not apply to:
(a) Any person who provides a televised broadcast which is
presented without charge to any person who receives the broadcast.
(b) Any licensee who has been issued a gaming license and receives
from or supplies to any affiliated licensee, by means of a computerized
system for bookmaking used by the licensee and the affiliated licensee,
information concerning racing.
3. For the purposes of this section:
(a) Any broadcasting or display of information concerning racing
held at a track which uses the pari-mutuel system of wagering is an
incident of maintaining and operating a race book.
(b) “Affiliated licensee” means any person to whom a valid gaming
license or pari-mutuel wagering license has been issued that directly, or
indirectly, through one or more intermediaries, controls, or is
controlled by, or is under common control with, a licensee.
[1:152:1949; 1943 NCL § 6227.01]—(NRS A 1983, 1035, 1894; 1985,
2140; 1989, 1097; 1997, 2063)
1. In addition to the state policy concerning gaming as set forth
in NRS 463.0129 , the Legislature
hereby finds, and declares to be the public policy of this state
concerning activities and information related to wagering on races held
at a track which uses the pari-mutuel system of wagering that:
(a) All persons licensed to operate and maintain a sports pool or
race book are entitled to receive on a fair and equitable basis all
information concerning such racing that is being disseminated into and
within this state.
(b) In order to protect the health, safety, morals, good order and
general welfare of the public, all persons, associations, locations,
practices and activities related to the dissemination and use of
information concerning such racing should be controlled, supervised and
properly licensed.
2. In accordance with reasonable regulations which may be adopted,
amended or repealed by the Commission, the Commission has the power and
jurisdiction:
(a) To regulate and control the business of supplying and
disseminating information by such means concerning racing held at a track
which uses the pari-mutuel system of wagering.
(b) To issue, condition, limit and restrict licenses to such
disseminators.
(c) To suspend, revoke, condition or limit such licenses or impose
fines in accordance with NRS 463.310 .
(d) To prescribe the manner, terms and conditions for receiving,
supplying or disseminating in this state information concerning such
racing.
3. The Commission is empowered to adopt, amend and repeal such
regulations as may be necessary for the orderly administration of NRS
463.430 to 463.480 , inclusive, and for the protection of the
public and in the public interest.
[2:152:1949; 1943 NCL § 6227.02]—(NRS A 1959, 455; 1983, 1036;
1985, 2141)
1. Except as otherwise provided in subsection 3, the Commission
shall fix, regulate and control the rates to be charged by any
disseminator of information concerning racing held at a track which uses
the pari-mutuel system of wagering, but the rates must be just and
reasonable.
2. The Commission may require any licensee who subscribes to a
disseminator’s service to report financial information relating to
wagering and amounts won on each track or event, and may publish this
information to ensure that the rates are just and reasonable.
3. The provisions of subsection 1 do not apply to the rates to be
charged for the dissemination of live broadcasts.
(Added to NRS by 1983, 1036; A 1985, 2141; 1987, 1781)
1. Any disseminator of such information obtaining a license under
NRS 463.430 to 463.480 , inclusive, shall pay to the Commission a fee
of 4.25 percent of the total fees collected from users each calendar
month for the dissemination of live broadcasts.
2. The Commission shall collect the fee on or before the last day
of each calendar month for the preceding calendar month.
3. If the amount of the fee required by this section to be
reported and paid is determined to be different than the amount reported
or paid by the licensee, the Commission shall:
(a) Charge and collect any additional fee determined to be due,
with interest thereon until paid; or
(b) Refund any overpaid fees to the person entitled thereto
pursuant to this chapter, with interest thereon.
Ê Interest pursuant to paragraph (a) must be computed at the rate
prescribed in NRS 17.130 from the first
day of the first calendar month following the due date of the additional
license fees until paid. Interest pursuant to paragraph (b) must be
computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month
following the date of overpayment until paid.
4. The Commission shall remit all fees collected, less any fees
refunded pursuant to subsection 3, to the State Treasurer for deposit to
the credit of the State General Fund.
[3:152:1949; 1943 NCL § 6227.03]—(NRS A 1959, 455; 1991, 934; 1995,
206; 1997, 1196; 2001, 3089 )
Any disseminator of such information obtaining a license
under NRS 463.430 to 463.480 , inclusive, shall furnish such information to
any licensed race book or sports pool which applies to the disseminator
therefor, and the information must be furnished by the disseminator as
adequately and efficiently as it is furnished to any other users of the
information furnished by the disseminator.
[4:152:1949; 1943 NCL § 6227.04]—(NRS A 1985, 2142)
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. A natural person who applies for the issuance or renewal of a
license issued pursuant to NRS 463.430
to 463.480 , inclusive, shall submit to
the Commission the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The Commission shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Commission.
3. A license may not be issued or renewed by the Commission
pursuant to NRS 463.430 to 463.480
, inclusive, if the applicant is a
natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Commission shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2061)
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If the Commission receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license issued pursuant to NRS 463.430 to 463.480 ,
inclusive, the Commission shall deem the license issued to that person to
be suspended at the end of the 30th day after the date on which the court
order was issued unless the Commission receives a letter issued to the
holder of the license by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560 .
2. The Commission shall reinstate a license issued pursuant to NRS
463.430 to 463.480 , inclusive, that has been suspended by a
district court pursuant to NRS 425.540
if the Commission receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
(Added to NRS by 1997, 2062)
[Expires by limitation on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.] The application of a natural person who applies
for the issuance of a license issued pursuant to NRS 463.430 to 463.480 ,
inclusive, must include the social security number of the applicant.
(Added to NRS by 1997, 2062)
A person, firm, association or corporation,
or any of their officers or agents, who violates any of the provisions of
NRS 463.430 to 463.460 , inclusive, is guilty of a category C felony
and shall be punished as provided in NRS 193.130 .
[7:152:1949; 1943 NCL § 6227.07]—(NRS A 1967, 587; 1981, 1100;
1995, 1295)
LICENSING OF CORPORATIONS, LIMITED PARTNERSHIPS, LIMITED-LIABILITY
COMPANIES AND OTHER SIMILAR ORGANIZATIONS
General Provisions
As used in NRS 463.160 to 463.170 ,
inclusive, 463.368 , 463.386 , 463.482 to
463.645 , inclusive, and 463.750 , unless the context otherwise requires, the
words and terms defined in NRS 463.4825 to 463.488 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 365; A 1977, 1438; 1979, 1528; 1981, 1100;
1985, 1476; 1987, 1743; 1989, 400; 1993, 2003; 2001, 3090 ; 2003, 20th Special Session, 13 ; 2005, 719 )
“Affiliated company”
means a subsidiary company, holding company, intermediate company or any
other form of business organization that:
1. Controls, is controlled by or is under common control with a
licensee which is a corporation or limited-liability company; and
2. Is involved in gaming activities in this state or involved in
the ownership of property in this state upon which gaming is conducted.
(Added to NRS by 1981, 1067; A 1993, 2004)
“Director” means any director of
a corporation or any person performing similar functions with respect to
any organization.
(Added to NRS by 1969, 365)
“Equity security” means:
1. Any voting stock of a corporation, or similar security;
2. Any security convertible, with or without consideration, into
such a security, or carrying any warrant or right to subscribe to or
purchase such a security;
3. Any such warrant or right; or
4. Any security having a direct or indirect participation in the
profits of the issuer.
(Added to NRS by 1969, 365)
“General partner” means
any general partner of a limited partnership or any person performing
similar functions.
(Added to NRS by 1979, 1520)
1. “Holding company” means any corporation, firm, partnership,
limited partnership, limited-liability company, trust or other form of
business organization not a natural person which, directly or indirectly:
(a) Owns;
(b) Has the power or right to control; or
(c) Holds with power to vote,
Ê any part of the limited partnership interests, interests in a
limited-liability company or outstanding voting securities of a
corporation which holds or applies for a license.
2. For the purposes of this section, in addition to any other
reasonable meaning of the words used, a holding company “indirectly” has,
holds or owns any power, right or security mentioned in subsection 1 if
it does so through any interest in a subsidiary or successive
subsidiaries, however many such subsidiaries may intervene between the
holding company and the corporation, limited partnership or
limited-liability company which holds or applies for a license.
(Added to NRS by 1969, 366; A 1987, 618; 1993, 2004)
“Interest in a limited-liability company” means a member’s share of the
profits and losses of a limited-liability company and the right to
receive distributions of the company’s assets.
(Added to NRS by 1993, 1993)
“Intermediary
company” means any corporation, firm, partnership, limited partnership,
limited-liability company, trust or other form of business organization
other than a natural person which:
1. Is a holding company with respect to a corporation, limited
partnership or limited-liability company which holds or applies for a
license; and
2. Is a subsidiary with respect to any holding company.
(Added to NRS by 1969, 366; A 1987, 618; 1993, 2004)
“Limited-liability company” means a limited-liability company organized
and existing pursuant to the provisions of chapter 86 of NRS.
(Added to NRS by 1993, 1993)
“Limited partner” means
any limited partner of a limited partnership or any other person having
similar rights.
(Added to NRS by 1979, 1520)
“Limited partnership”
means a partnership formed by two or more persons pursuant to the terms
of chapter 88 of NRS, having as members one
or more general partners and one or more limited partners.
(Added to NRS by 1979, 1521)
“Limited
partnership interest” means the right of a general or limited partner to
receive from a limited partnership:
1. A share of the profits;
2. Any other compensation by way of income; or
3. A return of any or all of his contribution to capital of the
limited partnership,
Ê or the right to exercise any of the rights or powers provided in
chapter 88 of NRS, whether directly or
indirectly.
(Added to NRS by 1979, 1521; A 1985, 1296)
“Manager” means a person
designated or selected to manage a limited-liability company.
(Added to NRS by 1993, 1993; A 1997, 732)
“Member” means a person who owns
an interest in a limited-liability company.
(Added to NRS by 1993, 1993)
1. “Publicly traded corporation” means:
(a) Any corporation or other legal entity except a natural person
which:
(1) Has one or more classes of securities registered
pursuant to section 12 of the Securities Exchange Act of 1934, as amended
(15 U.S.C. § 78l);
(2) Is an issuer subject to section 15(d) of the Securities
Exchange Act of 1934, as amended (15 U.S.C. § 78o); or
(3) Has one or more classes of securities exempted from the
registration requirements of section 5 of the Securities Act of 1933, as
amended (15 U.S.C. § 77e), solely by reason of an exemption contained in
section 3(a)10, 3(a)11 or 3(c) of the Securities Act of 1933, as amended
(15 U.S.C. §§ 77c(a)(10), 77c(a)(11) and 77c(c), respectively) or 17
C.F.R. §§ 230.251 et seq.
(b) Any corporation or other legal entity created under the laws of
a foreign country:
(1) Which has one or more classes of securities registered
on that country’s securities exchange or over-the-counter market; and
(2) Whose activities have been found by the Commission to be
regulated in a manner which protects the investors and the State of
Nevada.
2. The term does not include any corporation or other legal entity
which has securities registered or is an issuer pursuant to paragraph (a)
of subsection 1 solely because it:
(a) Guaranteed a security issued by an affiliated company pursuant
to a public offering; or
(b) Is considered by the Securities and Exchange Commission to be a
coissuer of a public offering of securities pursuant to 17 C.F.R. §
230.140.
(Added to NRS by 1969, 366; A 1975, 693; 1985, 1476; 1991, 935)
“Subsidiary” means:
1. A corporation any part of whose outstanding equity securities
are:
(a) Owned;
(b) Subject to a power or right of control; or
(c) Held with power to vote,
Ê by a holding company or intermediary company; or
2. A firm, partnership, limited partnership, limited-liability
company, trust or other form of business organization not a natural
person, any interest in which is:
(a) Owned;
(b) Subject to a power or right of control; or
(c) Held with power to vote,
Ê by a holding company or intermediary company.
(Added to NRS by 1969, 366; A 1993, 2004)
Corporations Generally
1. The policy of the State of Nevada with respect to the issuance
of state gaming licenses to corporations is:
(a) To broaden the opportunity for investment in gaming through the
pooling of capital in corporate form.
(b) To maintain effective control over the conduct of gaming by
corporate licensees.
(c) To restrain any speculative promotion of the stock or other
securities of gaming enterprises.
2. The Commission may waive, either selectively or by general
regulation, one or more of the requirements of NRS 463.482 to 463.645 ,
inclusive, if it makes a written finding that such waiver is consistent
with the state policy set forth in NRS 463.0129 and this section.
(Added to NRS by 1969, 365; A 1975, 694)
In order to be
eligible to receive a state gaming license, a corporation, other than a
publicly traded corporation, must:
1. Be incorporated:
(a) In the State of Nevada, although the corporation may be a
wholly or partly owned subsidiary of a corporation which is chartered in
another state of the United States; or
(b) In another state of the United States, if all persons having
any direct or indirect interest of any nature in the corporation are
licensed as required by NRS 463.530 and
any applicable regulations of the Commission;
2. Maintain an office of the corporation on the licensed premises;
3. Comply with all of the requirements of the laws of the State of
Nevada pertaining to corporations; and
4. Maintain a ledger in the principal office of the corporation in
Nevada, which shall:
(a) At all times reflect the ownership of every class of security
issued by the corporation; and
(b) Be available for inspection by the Board, Commission and their
authorized agents, at all reasonable times without notice.
(Added to NRS by 1967, 1586; A 1969, 374; 1993, 187)
1. The purported granting of an option to purchase any security
issued by a corporation, other than a publicly traded corporation, which
holds a state gaming license, or the purported sale, assignment,
transfer, pledge or other disposition of an existing option to acquire
such a security is void unless administratively approved in advance by
the Chairman of the Board.
2. A request for administrative approval pursuant to subsection 1
must:
(a) Be made on forms approved by the Chairman of the Board; and
(b) To the extent consistent with this section, be considered in
all respects as an application.
3. The Chairman of the Board may refer a request for
administrative approval to the Board and Commission for consideration or
deny the request for administrative approval for any reasonable cause. A
denial may be submitted for review by the Board and Commission in the
manner set forth by the regulations of the Commission pertaining to the
review of administrative approval decisions.
4. The Commission, upon recommendation by the Board, may require a
person to apply for a finding of suitability to hold an option to
purchase such a security.
(Added to NRS by 2003, 20th Special Session, 2 )
1. The purported sale, assignment, transfer, pledge, exercise of
an option to purchase or other disposition of any security issued by a
corporation, other than a publicly traded corporation, which holds a
state gaming license is void unless approved in advance by the Commission.
2. If at any time the Commission finds that an individual owner of
any such security is unsuitable to continue as a gaming licensee in this
state, the owner shall immediately offer the security to the issuing
corporation for purchase. The corporation shall purchase the security so
offered, for cash at fair market value, within 10 days after the date of
the offer.
3. Beginning upon the date when the Commission serves notice of a
determination of unsuitability pursuant to subsection 2 upon the
corporation, it is unlawful for the unsuitable owner:
(a) To receive any dividend or interest upon any such security;
(b) To exercise, directly or through any trustee or nominee, any
voting right conferred by such security; or
(c) To receive any remuneration in any form from the corporation,
for services rendered or otherwise.
4. Every security issued by a corporation, other than a publicly
traded corporation, which holds a state gaming license must bear a
statement, on both sides of the certificate evidencing the security, of
the restrictions imposed by this section.
(Added to NRS by 1967, 1586; A 1969, 374; 1983, 743; 1993, 187;
2003, 20th Special Session, 13 )
A corporation, other
than a publicly traded corporation, which applies for a state gaming
license shall register as a corporation with the Board, and shall provide
the following information to the Board:
1. The organization, financial structure and nature of the
business to be operated, including:
(a) The names and personal history of all officers, directors and
key employees;
(b) A complete set of the fingerprints of all officers, directors
and key employees which the Board may forward to the Central Repository
for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report; and
(c) The names, addresses and number of shares held by all
stockholders.
2. The rights and privileges acquired by the holders of different
classes of authorized securities, including debentures.
3. The terms on which securities are to be offered.
4. The terms and conditions of all outstanding loans, mortgages,
trust deeds, pledges or any other indebtedness or security device.
5. The extent of the equity security holding in the corporation of
all officers, directors and underwriters, and their remuneration as
compensation for services, in the form of salary, wages, fees or
otherwise.
6. Remuneration to persons other than directors and officers
exceeding $30,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing, or to be created.
10. Balance sheets for at least 3 preceding fiscal years or, if
the corporation has not been incorporated for a period of 3 years,
balance sheets from the time of its incorporation. All balance sheets
shall be certified by independent public accountants certified or
registered in the State of Nevada.
11. Profit and loss statements for at least the 3 preceding fiscal
years or, if the corporation has not been incorporated for a period of 3
years, profit and loss statements from the time of its incorporation. All
profit and loss statements shall be certified by independent public
accountants certified or registered in the State of Nevada.
12. Any further financial data which the Board may deem necessary
or appropriate for the protection of the State of Nevada, or licensed
gambling, or both.
(Added to NRS by 1967, 1587; A 1969, 375; 1971, 673; 1993, 188;
2003, 2852 )
All officers and directors of a
corporation, other than a publicly traded corporation, which holds or
applies for a state gaming license must be licensed individually,
according to the provisions of this chapter, and if, in the judgment of
the Commission, the public interest will be served by requiring any or
all of the corporation’s individual stockholders, lenders, holders of
evidence of indebtedness, underwriters, key executives, agents or
employees to be licensed, the corporation shall require those persons to
apply for a license in accordance with the laws and requirements in
effect at the time the Commission requires the licensing. A person who is
required to be licensed by this section shall apply for a license within
30 days after he becomes an officer or director. A person who is required
to be licensed pursuant to a decision of the Commission shall apply for a
license within 30 days after the Commission requests him to do so.
(Added to NRS by 1967, 1587; A 1969, 375; 1977, 1438; 1993, 188)
After licensing pursuant to NRS 463.170 , a corporation, other than a publicly traded
corporation:
1. Before it may issue or transfer any security to any person,
shall file a report of its proposed action with the Board and Commission,
which report must request the approval of the Commission. The Commission
shall have 90 days within which to approve or deny the request. If the
Commission denies the request, the corporation shall not issue or
transfer any such security.
2. Shall file a report of each change of the corporate officers
and the members of its board of directors with the Board and Commission
within 30 days after the change becomes effective. The Commission has 90
days within which to approve or disapprove the change. During the 90-day
period and thereafter if the Commission does not disapprove the change,
the officer or member of the board of directors is entitled to exercise
all powers of the office to which he was so elected or appointed.
(Added to NRS by 1967, 1588; A 1971, 675; 1993, 189, 314)
1. After licensing pursuant to NRS 463.530 , the corporation shall:
(a) Report to the Board and Commission in writing any change in
corporate personnel who have been designated by the Board or Commission
as key executives.
(b) Furnish the Board an annual profit and loss statement and an
annual balance sheet.
2. The Commission may require that any such corporation furnish
the Board with a copy of its federal income tax return within 30 days
after such return is filed with the Federal Government.
(Added to NRS by 1967, 1588; A 1971, 675)
1. If an employee of a corporate licensee who is required to be
licensed individually:
(a) Does not apply for a license within 30 days after the
Commission requests him to do so, and the Commission makes a finding of
unsuitability for that reason;
(b) Is denied a license; or
(c) Has his license revoked by the Commission,
Ê the corporate gaming licensee by whom he is employed shall terminate
his employment in any capacity in which he is required to be licensed and
shall not permit him to exercise a significant influence over the
operation of the gaming establishment upon being notified by registered
or certified mail of that action.
2. If the corporate licensee designates another employee to
replace the employee whose employment was terminated, it shall promptly
notify the Commission and shall cause the newly designated employee to
apply for a gaming license.
(Added to NRS by 1967, 1588; A 1969, 376; 1977, 1438; 1981, 1065)
Limited Partnerships Generally
1. The policy of the State of Nevada with respect to the issuance
of state gaming licenses to limited partnerships is:
(a) To broaden the opportunity for investment in gaming through the
pooling of capital in limited partnership form.
(b) To maintain effective control over the conduct of gaming by
limited partnership licensees.
(c) To restrain any speculative promotion of limited partnership
interests in gaming enterprises.
2. The Commission may waive, either selectively or by general
regulation, one or more of the requirements of NRS 463.564 to 463.572 ,
inclusive, if it makes a written finding that a waiver is consistent with
the state policy set forth in NRS 463.0129 and this section.
(Added to NRS by 1979, 1521)
In order to
be eligible to receive a state gaming license, a limited partnership
shall:
1. Be formed under the laws of this state;
2. Maintain an office of the limited partnership on the licensed
premises;
3. Comply with all of the requirements of the laws of this state
pertaining to limited partnerships; and
4. Maintain a ledger in the principal office of the limited
partnership in this state, which must:
(a) At all times reflect the ownership of all interests in the
limited partnership; and
(b) Be available for inspection by the Board, Commission and their
authorized agents, at all reasonable times without notice.
(Added to NRS by 1979, 1521)
No limited partnership is eligible to
receive a state gaming license unless the conduct of gaming is among the
purposes stated in its certificate of limited partnership.
(Added to NRS by 1979, 1521)
1. The purported granting of an option to purchase any interest in
a limited partnership which holds a state gaming license or the purported
sale, assignment, transfer, pledge or other disposition of an existing
option to acquire such an interest is ineffective unless administratively
approved in advance by the Chairman of the Board.
2. A request for administrative approval pursuant to subsection 1
must:
(a) Be made on forms approved by the Chairman of the Board; and
(b) To the extent consistent with this section, be considered in
all respects as an application.
3. The Chairman of the Board may refer a request for
administrative approval to the Board and Commission for consideration or
deny the request for administrative approval for any reasonable cause. A
denial may be submitted for review by the Board and Commission in the
manner set forth by the regulations of the Commission pertaining to the
review of administrative approval decisions.
4. The Commission, upon recommendation by the Board, may require a
person to apply for a finding of suitability to hold an option to
purchase such an interest.
(Added to NRS by 2003, 20th Special Session, 3 )
1. The purported sale, assignment, transfer, pledge, exercise of
an option to purchase, or other disposition of any interest in a limited
partnership which holds a state gaming license is ineffective unless
approved in advance by the Commission.
2. If at any time the Commission finds that an individual owner of
any such interest is unsuitable to hold that interest, the Commission
shall immediately notify the limited partnership of that fact. The
limited partnership shall, within 10 days from the date that it receives
the notice from the Commission, return to the unsuitable owner, in cash,
the amount of his capital account as reflected on the books of the
partnership.
3. Beginning on the date when the Commission serves notice of a
determination of unsuitability pursuant to subsection 2 upon the limited
partnership, it is unlawful for the unsuitable owner:
(a) To receive any share of the profits or interest upon any
limited partnership interest;
(b) To exercise, directly or through any trustee or nominee, any
voting right conferred by such interest; or
(c) To receive any remuneration in any form from the limited
partnership, for services rendered or otherwise.
4. The certificate of limited partnership of any limited
partnership holding a state gaming license must contain a statement of
the restrictions imposed by this section.
(Added to NRS by 1979, 1521; A 1997, 3504; 2003, 20th Special
Session, 13 )
The
limited partnership which applies for a state gaming license shall
register as a limited partnership with the Board, and shall provide the
following information to the Board:
1. The organization, financial structure and nature of the
business to be operated, including:
(a) The names and personal history of all general partners and key
employees;
(b) A complete set of the fingerprints of all general partners and
key employees which the Board may forward to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau
of Investigation for its report; and
(c) The name, address and interest of each limited partner.
2. The rights, privileges and relative priorities of limited
partners as to the return of contributions to capital, and the right to
receive income.
3. The terms on which limited partnership interests are to be
offered.
4. The terms and conditions of all outstanding loans, mortgages,
trust deeds, pledges or any other indebtedness or security device.
5. The extent of the holding in the limited partnership of all
underwriters, and their remuneration as compensation for services, in the
form of salary, wages, fees or otherwise.
6. Remuneration to persons other than general partners exceeding
$30,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing, or to be created.
10. Balance sheets for at least the 3 preceding fiscal years or,
if the limited partnership has not been in existence for 3 years, balance
sheets from the time of its formation. All balance sheets must be
certified by independent public accountants certified or registered in
this state.
11. Profit and loss statements for at least the 3 preceding fiscal
years or, if the limited partnership has not been in existence for 3
years, profit and loss statements from the time of its formation. All
profit and loss statements must be certified by independent public
accountants certified or registered in this state.
12. Any further financial data which the Board may deem necessary
or appropriate for the protection of the State of Nevada, or licensed
gambling, or both.
(Added to NRS by 1979, 1522; A 2003, 2853 )
Every general partner and limited partner of a limited partnership which
holds a state gaming license must be licensed individually, according to
the provisions of this chapter, and if, in the judgment of the
Commission, the public interest will be served by requiring any or all of
the limited partnership’s lenders, holders of evidence of indebtedness,
underwriters, key executives, agents or employees to be licensed, the
limited partnership shall require those persons to apply for a license in
accordance with the laws and requirements in effect at the time the
Commission requires the licensing. Publicly traded corporations which are
limited partners of limited partnerships are not required to be licensed,
but shall comply with NRS 463.635 to
463.645 , inclusive. A person who is
required to be licensed by this section as a general or limited partner
shall not receive that position until he secures the required approval of
the Commission. A person who is required to be licensed pursuant to a
decision of the Commission shall apply for a license within 30 days after
the Commission requests him to do so.
(Added to NRS by 1979, 1522; A 1997, 3504)
1. After licensing pursuant to NRS 463.569 , the limited partnership shall:
(a) Report to the Board and Commission in writing any change in
personnel who have been designated by the Board or Commission as key
executives.
(b) Furnish the Board an annual profit and loss statement and an
annual balance sheet.
2. The Commission may require that any limited partnership furnish
the Board with a copy of its federal income tax return within 30 days
after the return is filed with the Federal Government.
(Added to NRS by 1979, 1523)
1. If an employee of a limited partnership licensee who is
required to be licensed individually:
(a) Does not apply for a license within 30 days after the
Commission requests him to do so, and the Commission makes a finding of
unsuitability for that reason;
(b) Is denied a license; or
(c) Has his license revoked by the Commission,
Ê the limited partnership gaming licensee by whom he is employed shall
terminate his employment upon notification by registered or certified
mail to the limited partnership of that action.
2. If the limited partnership licensee designates another employee
to replace the employee whose employment was terminated, it shall
promptly notify the Commission and cause the newly designated employee to
apply for a gaming license.
(Added to NRS by 1979, 1523)
Limited-Liability Companies Generally
1. The policy of the State of Nevada with respect to the issuance
of licenses to limited-liability companies is:
(a) To broaden the opportunity for investment in gaming through the
pooling of capital in limited-liability companies.
(b) To maintain effective control over the conduct of gaming by
limited-liability companies.
(c) To restrain any speculative promotion of interests in a
limited-liability company in gaming enterprises.
2. The Commission may waive, either selectively or by general
regulation, one or more of the requirements of NRS 463.5731 to 463.5737 , inclusive, if it makes a written finding
that a waiver is consistent with the state policy set forth in NRS
463.0129 and this section.
(Added to NRS by 1993, 1993)
In order to
be eligible to receive a license, a limited-liability company must:
1. Be formed under the laws of this state;
2. Maintain an office of the limited-liability company on the
licensed premises;
3. Comply with all of the requirements of the laws of this state
pertaining to limited-liability companies; and
4. Maintain a ledger in the principal office of the
limited-liability company in this state, which must:
(a) At all times reflect the ownership of all interests in the
limited-liability company; and
(b) Be available for inspection by the Board, Commission and their
authorized agents, at all reasonable times without notice.
(Added to NRS by 1993, 1994)
No limited-liability
company is eligible to receive a license unless the conduct of gaming is
among the purposes stated in its articles of organization.
(Added to NRS by 1993, 1994)
1. The purported granting of an option to purchase any interest in
a limited-liability company which holds a state gaming license or the
purported sale, assignment, transfer, pledge or other disposition of an
existing option to acquire such an interest is ineffective unless
administratively approved in advance by the Chairman of the Board.
2. A request for administrative approval pursuant to subsection 1
must:
(a) Be made on forms approved by the Chairman of the Board; and
(b) To the extent consistent with this section, be considered in
all respects as an application.
3. The Chairman of the Board may refer a request for
administrative approval to the Board and Commission for consideration or
deny the request for administrative approval for any reasonable cause. A
denial may be submitted for review by the Board and Commission in the
manner set forth by the regulations of the Commission pertaining to the
review of administrative approval decisions.
4. The Commission, upon recommendation by the Board, may require a
person to apply for a finding of suitability to hold an option to
purchase such an interest.
(Added to NRS by 2003, 20th Special Session, 3 )
1. The purported sale, assignment, transfer, pledge, exercise of
an option to purchase or other disposition of any interest in a
limited-liability company which holds a state gaming license is
ineffective unless approved in advance by the Commission.
2. If at any time the Commission finds that a member is unsuitable
to hold an interest in a limited-liability company, the Commission shall
immediately notify the limited-liability company of that fact. The
limited-liability company shall, within 10 days after it receives the
notice from the Commission, return to the member, in cash, the amount of
his capital account as reflected on the books of the company.
3. Except as otherwise provided in subsection 2, beginning on the
date when the Commission serves notice of a determination of
unsuitability pursuant to subsection 2 upon the limited-liability
company, it is unlawful for the unsuitable member:
(a) To receive any share of the distribution of profits of the
limited-liability company or any payments upon dissolution of the company;
(b) To exercise any voting right conferred by the member’s interest
in the limited-liability company;
(c) To participate in the management of the limited-liability
company; or
(d) To receive any remuneration in any form from the
limited-liability company, for services rendered or otherwise.
4. The articles of organization of any limited-liability company
holding a state gaming license must contain a statement of the
restrictions imposed by this section.
(Added to NRS by 1993, 1994; A 1997, 3504; 2003, 20th Special
Session, 14 )
A
limited-liability company which applies for a license shall register as a
limited-liability company with the Board, and shall provide the following
information to the Board:
1. The organization, financial structure and nature of the
business to be operated, including:
(a) The names and personal history of each director, manager,
member and key employee; and
(b) A complete set of the fingerprints of each director, manager,
member and key employee which the Board may forward to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.
2. The rights, privileges and relative priorities of the members
as to the return of contributions to capital and the right to receive
distribution of profits.
3. The terms on which interests in the limited-liability company
are to be offered.
4. The terms and conditions of all outstanding loans, mortgages,
trust deeds, pledges and any other indebtedness or security device.
5. The extent of the holding in the limited-liability company of
all underwriters, and their remuneration as compensation for services, in
the form of salary, wages, fees or otherwise.
6. Remuneration to persons other than directors and managers
exceeding $30,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing, or to be created.
10. Balance sheets for at least the 3 preceding fiscal years or,
if the limited-liability company has not been in existence for 3 years,
balance sheets from the time of its formation. All balance sheets must be
certified by independent public accountants certified or registered in
this state.
11. Profit and loss statements for at least the 3 preceding fiscal
years or, if the limited-liability company has not been in existence for
3 years, profit and loss statements from the time of its formation. All
profit and loss statements must be certified by independent public
accountants certified or registered in this state.
12. Any further financial data which the Board may deem necessary
or appropriate for the protection of the State of Nevada, or licensed
gambling, or both.
(Added to NRS by 1993, 1994; A 2001, 897 ; 2003, 2853 )
1. Every member, transferee of a member’s interest in a
limited-liability company, director and manager of a limited-liability
company which holds or applies for a state gaming license must be
licensed individually, according to the provisions of this chapter.
2. If, in the judgment of the Commission, the public interest will
be served by requiring any of the limited-liability company’s lenders,
holders of evidence of indebtedness, underwriters, key executives, agents
or employees to be licensed:
(a) The limited-liability company shall require those persons to
apply for a license in accordance with the laws and requirements in
effect at the time the Commission requires the licensing; and
(b) Those persons shall apply for a license within 30 days after
being requested to do so by the Commission.
3. A publicly traded corporation which is a member of a
limited-liability company is not required to be licensed, but shall
comply with NRS 463.635 to 463.645
, inclusive.
4. No person may become a member or a transferee of a member’s
interest in a limited-liability company which holds a license until he
secures the required approval of the Commission.
5. A director or manager of a limited-liability company shall
apply for a license within 30 days after assuming office.
(Added to NRS by 1993, 1995; A 1997, 3505; 2001, 898 )
1. After licensing pursuant to NRS 463.5735 , a limited-liability company shall:
(a) Report to the Board and Commission in writing any change in
personnel who have been designated by the Board or Commission as key
executives.
(b) Furnish the Board an annual profit and loss statement and an
annual balance sheet.
2. The Commission may require that a limited-liability company
furnish the Board with a copy of its federal income tax return within 30
days after the return is filed with the Federal Government.
(Added to NRS by 1993, 1996)
1. If an employee, a director or a manager of a limited-liability
company which holds a license is required to be licensed individually,
and he:
(a) Does not apply for a license within 30 days after the
Commission requests him to do so, and the Commission makes a finding of
unsuitability for that reason;
(b) Is denied a license; or
(c) Has his license revoked by the Commission,
Ê the limited-liability company for whom he is a manager or director or
by whom he is employed shall, upon receiving notice by registered or
certified mail from the Commission, remove him as a director or manager
or modify his employment so that he no longer serves in a capacity for
which he is required to be licensed, and shall not allow him to exercise
a significant influence over the limited-liability company’s operation of
a gaming establishment.
2. If the limited-liability company designates another employee,
director or manager to replace the employee, director or manager whose
employment was modified or who was removed as a director or manager, it
shall promptly notify the Commission and require the newly designated
employee, director or manager to apply for a license.
(Added to NRS by 1993, 1996; A 2001, 898 )
Holding and Intermediary Companies
575 to 463.615 ,
inclusive; exemption for publicly traded corporation. NRS 463.575 to 463.615 ,
inclusive, apply to every holding company or intermediary company except
a publicly traded corporation which has been exempted from the operation
of all or some of the provisions of such sections pursuant to NRS 463.625
.
(Added to NRS by 1969, 366)
1. If a corporation, partnership, limited partnership,
limited-liability company or other business organization applying for or
holding a license is or becomes a subsidiary, each holding company and
each intermediary company with respect thereto must:
(a) Qualify to do business in the State of Nevada.
(b) If it is a corporation, register with the Commission and
furnish the Board:
(1) A complete list of all stockholders when it first
registers, and annually thereafter, within 30 days after the annual
meeting of the stockholders of the corporation, showing the number of
shares held by each.
(2) The names of all corporate officers within 30 days of
their appointment.
(3) The names of all members of the Board of Directors
within 30 days of their election.
(c) If it is a firm, partnership, trust or other form of business
organization, it must register with the Commission and furnish the Board
such analogous information as the Commission may prescribe.
2. The Board or the Commission may in its discretion make such
investigations concerning the officers, directors, underwriters, security
holders, partners, principals, trustees or direct or beneficial owners of
any interest in any holding company or intermediary company as it deems
necessary, either at the time of initial registration or at any time
thereafter.
3. If at any time the Commission finds that any person owning,
controlling or holding with power to vote any part of any class of
security of, or any interest in, any holding company or intermediary
company is unsuitable to be connected with a licensed gaming enterprise,
it shall so notify the unsuitable person, the holding company or
intermediary company, or both. The unsuitable person shall immediately
offer the security to the issuing corporation, or the interest to the
firm, partnership, trust or other business organization, for purchase.
The corporation shall purchase the security so offered, or the firm,
partnership, trust or other business organization shall purchase the
interest so offered, for cash at fair market value within 10 days after
the date of the offer.
4. Beginning upon the date when the Commission serves notice of a
determination of unsuitability pursuant to subsection 3, it is unlawful
for the unsuitable person:
(a) To receive any dividend or interest upon any such securities,
or any dividend, payment or distribution of any kind from any holding
company or intermediary company;
(b) To exercise, directly or indirectly or through any proxy,
trustee or nominee, any voting right conferred by such securities or
interest; or
(c) To receive any remuneration in any form from the corporation,
partnership, limited partnership, limited-liability company or other
business organization holding a license or from any holding company or
intermediary company with respect thereto, for services rendered or
otherwise.
5. Every security issued by a holding company or intermediary
company which directly or indirectly:
(a) Owns;
(b) Has the power or right to control; or
(c) Holds with power to vote,
Ê any part of the outstanding equity securities of a corporation holding
a gaming license or the interests in a partnership, limited partnership,
limited-liability company or other business organization holding a gaming
license shall bear a statement, on both sides of the certificate
evidencing such security, of the restrictions imposed by this section.
6. A holding company or intermediary company subject to subsection
1 shall not make any public offering of any of its securities unless such
public offering has been approved by the Commission.
7. The Commission may, at any time and from time to time, by
general regulation or selectively, impose on any holding company or
intermediary company any requirement not inconsistent with law which it
may deem necessary in the public interest. Without limiting the
generality of the preceding sentence, any such requirement may deal with
the same subject matter as, but be more stringent than, the requirements
imposed by NRS 463.482 to 463.645
, inclusive.
(Added to NRS by 1969, 366; A 1971, 675; 1993, 2005)
1. Each officer, employee, director, partner, principal, manager,
member, trustee or direct or beneficial owner of any interest in any
holding company or intermediary company, who the Commission determines is
or is to become engaged in the administration or supervision of, or any
other significant involvement with, the activities of a licensee, must be
found suitable therefor and may be required to be licensed by the
Commission.
2. If any officer, employee, director, partner, principal,
manager, member, trustee or direct or beneficial owner required to be
found suitable pursuant to subsection 1 fails to apply for a finding of
suitability or a gaming license within 30 days after being requested so
to do by the Commission, is not found suitable or is denied a license by
the Commission, or if his license or the finding of his suitability is
revoked after appropriate findings by the Commission, the holding company
or intermediary company, or both, shall immediately remove that person
from any position in the administration or supervision of, or any other
significant involvement with, the activities of a licensee. If the
Commission suspends the suitability or license of any officer, employee,
director, partner, principal, manager, member, trustee or owner, the
holding company or intermediary company, or both, shall, immediately and
for the duration of the suspension, suspend him from performing any
duties in administration or supervision of the activities of the licensee
and from any other significant involvement therewith.
(Added to NRS by 1969, 368; A 1977, 1439; 1993, 2006)
If a corporation, partnership,
limited partnership, limited-liability company or other business
organization applying for or holding a license is or becomes a
subsidiary, each holding company and intermediary company shall furnish
the Board the following information:
1. The organization, financial structure and nature of the
business it operates.
2. The terms, position, rights and privileges of the different
classes of securities outstanding.
3. The terms on which its securities are to be, and during the
preceding 3 years have been, offered to the public or otherwise.
4. The terms and conditions of all outstanding loans, mortgages,
trust deeds, pledges or any other indebtedness or security device
pertaining to the gaming licensee.
5. The extent of the security holding or other interest in the
holding company or intermediary company of all officers, employees,
directors, underwriters, partners, principals, managers, members,
trustees or any direct or beneficial owner, and any remuneration as
compensation for their services, in the form of salary, wages, fees, or
by contract, pertaining to the gaming licensee.
6. Remuneration to others than directors and officers exceeding
$40,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing or to be created in respect of their
securities or other interests.
10. Balance sheets, certified by independent certified public
accountants, for not more than the 3 preceding fiscal years, or, if the
holding company or intermediary company has not been in existence more
than 3 years, balance sheets from the time of its establishment.
11. Profit and loss statements, certified by independent certified
public accountants, for not more than the 3 preceding fiscal years, or,
if the holding company or intermediary company has not been in existence
more than 3 years, profit and loss statements from the time of its
establishment.
12. Any further financial statements which the Board may deem
necessary or appropriate for the protection of the State of Nevada,
licensed gambling, or both.
13. An annual profit and loss statement and an annual balance
sheet, and a copy of its annual federal income tax return, within 30 days
after such return is filed with the Federal Government.
(Added to NRS by 1969, 368; A 1975, 694; 1993, 2006)
If any corporation, partnership, limited partnership,
limited-liability company or other business organization holding a
license or if any holding company or intermediary company with respect
thereto, does not comply with the laws of this state and the regulations
of the Commission, the Commission may, in its discretion, do any one, all
or a combination of the following:
1. Revoke, limit, condition or suspend the license of the
corporation, partnership, limited partnership, limited-liability company
or other business organization; or
2. Fine the persons involved, or the corporation, partnership,
limited partnership, limited-liability company or other business
organization holding a license or such holding company or intermediary
company,
Ê in accordance with the laws of this state and the regulations of the
Commission.
(Added to NRS by 1969, 369; A 1979, 1529; 1993, 2007)
Corporate Acquisitions, Repurchases of Securities and Recapitalization
The Legislature hereby
declares that:
1. Some corporate acquisitions opposed by management, repurchases
of securities and corporate defense tactics affecting corporate gaming
licensees and publicly traded corporations that are affiliated companies
can constitute business practices which may be injurious to stable and
productive corporate gaming.
2. A regulatory scheme established to ameliorate the potential
adverse effects of these business practices upon the gaming industry must
be properly developed to balance the interests of Nevada gaming,
interstate commerce and federal regulation of securities.
3. A regulatory scheme established to ameliorate the potential
adverse effects of these business practices upon the gaming industry may
best be accomplished by the adoption and enforcement of regulations by
the Nevada Gaming Commission.
(Added to NRS by 1987, 1742)
The policy of the State of Nevada
with respect to corporate acquisitions, repurchases of securities and
corporate recapitalizations affecting corporate licensees and publicly
traded corporations that are affiliated companies is to:
1. Assure the financial stability of corporate licensees and
affiliated companies;
2. Preserve the beneficial aspects of conducting business in the
corporate form; and
3. Promote a neutral environment for the orderly governance of
corporate affairs that is consistent with the public policy of this state
concerning gaming.
(Added to NRS by 1987, 1743)
The Commission
may adopt regulations providing for the review and approval of corporate
acquisitions opposed by management, repurchases of securities and
corporate defense tactics affecting corporate gaming licensees and
publicly traded corporations that are affiliated companies. The
regulations must be consistent with:
1. The policy of this state as expressed in this chapter;
2. The provisions of this chapter;
3. The requirements of the Constitution of the United States; and
4. Federal regulation of securities.
(Added to NRS by 1987, 1743)
Publicly Traded Corporations
635 to 463.645 , inclusive. The Commission may exempt a
publicly traded corporation from compliance with any of the provisions of
NRS 463.575 to 463.615 , inclusive. To the extent of such an
exemption, the corporation shall comply instead with the provisions of
NRS 463.635 to 463.645 , inclusive, except as otherwise ordered by the
Commission.
(Added to NRS by 1969, 369; A 1971, 676; 1985, 1477; 1993, 189)
1. A corporation or other legal entity which is organized under
the laws of another country and seeks to register with the Commission as
a publicly traded corporation must submit an application to the Board.
2. The application must provide the Board with information showing
that the applicant’s business activities are regulated by a governmental
authority of the foreign country in a manner which will prevent those
activities from posing any threat to the control of gaming in this state.
3. The Board may conduct an investigation of the applicant and the
governmental authority responsible for regulation of the applicant. The
Board shall require the applicant to pay the Board’s anticipated expenses
for such an investigation, and may, after completing such an
investigation, charge the applicant any amount necessary to cover an
underpayment of the actual expenses.
(Added to NRS by 1985, 1476)
In determining
whether to recommend that the Commission approve such an application, the
Board may consider, in addition to all other requirements of this chapter:
1. Whether the governmental authority in the foreign country has
an effective system to regulate the applicant and the relations between
the investing public and the applicant and other corporations listed on
the exchange;
2. Whether the system includes:
(a) A requirement that the listed corporations make full disclosure
of information to the investing public;
(b) A requirement that the listed corporations file periodic
reports with the governmental authority;
(c) A method to prevent any manipulation of the prices of
securities or any employment of deceptive or misleading devices; and
(d) A restriction on margins to prevent any excessive use of credit
for the purchase or carrying of securities listed on the exchange;
3. The availability of means by which the Board and Commission may
obtain adequate information from the governmental authority in the
foreign country concerning the applicant’s activities; and
4. Such other matters as the Board finds it necessary to consider
in order to protect regulated gaming in Nevada.
Ê The Board may reject any such application without a hearing.
(Added to NRS by 1985, 1476)
1. If a corporation, partnership, limited partnership,
limited-liability company or other business organization applying for or
holding a state gaming license is or becomes owned in whole or in part or
controlled by a publicly traded corporation, or if a publicly traded
corporation applies for or holds a state gaming license, the publicly
traded corporation shall:
(a) Maintain a ledger in the principal office of its subsidiary
which is licensed to conduct gaming in this state, which must:
(1) Reflect the ownership of record of each outstanding
share of any class of equity security issued by the publicly traded
corporation. The ledger may initially consist of a copy of its latest
list of equity security holders and thereafter be maintained by adding a
copy of such material as it regularly receives from the transfer agent
for its equity securities of any class which are outstanding.
(2) Be available for inspection by the Board and the
Commission and their authorized agents at all reasonable times without
notice.
(b) Register with the Commission and provide the following
information to the Board:
(1) The organization, financial structure and nature of the
business of the publicly traded corporation, including the names of all
officers, directors and any employees actively and directly engaged in
the administration or supervision of the activities of the gaming
licensee, and the names, addresses and number of shares held of record by
holders of its equity securities.
(2) The rights and privileges accorded the holders of
different classes of its authorized equity securities.
(3) The terms on which its equity securities are to be, and
during the preceding 3 years have been, offered by the corporation to the
public or otherwise initially issued by it.
(4) The terms and conditions of all its outstanding loans,
mortgages, trust deeds, pledges or any other indebtedness or security
device, directly relating to the gaming activities of the gaming licensee.
(5) The extent of the equity security holdings of record in
the publicly traded corporation of all officers, directors, underwriters
and persons owning of record equity securities of any class of the
publicly traded corporation, and any payment received by any such person
from the publicly traded corporation for each of its 3 preceding fiscal
years for any reason whatever.
(6) Remuneration exceeding $40,000 per annum to persons
other than directors and officers who are actively and directly engaged
in the administration or supervision of the gaming activities of the
gaming licensee.
(7) Bonus and profit-sharing arrangements of the publicly
traded corporation directly or indirectly relating to the gaming
activities of the gaming licensee.
(8) Management and service contracts of the publicly traded
corporation directly or indirectly relating to the gaming activities of
the gaming licensee.
(9) Options existing or from time to time created in respect
of its equity securities.
(10) Balance sheets, certified by independent public
accountants, for at least the 3 preceding fiscal years, or if the
publicly traded corporation has not been incorporated for a period of 3
years, balance sheets from the time of its incorporation. These balance
sheets may be those filed by it with or furnished by it to the Securities
and Exchange Commission.
(11) Profit and loss statements, certified by independent
certified public accountants, for at least the 3 preceding fiscal years,
or, if the publicly traded corporation has not been incorporated for a
period of 3 years, profit and loss statements from the time of its
incorporation. These profit and loss statements may be those filed by it
with or furnished by it to the Securities and Exchange Commission.
(12) Any further information within the knowledge or control
of the publicly traded corporation which either the Board or the
Commission may deem necessary or appropriate for the protection of this
state, or licensed gambling, or both. The Board or the Commission may
make such investigation of the publicly traded corporation or any of its
officers, directors, security holders or other persons associated
therewith as it deems necessary.
(c) Apply for an order of registration from the Commission which
must set forth a description of the publicly traded corporation’s
affiliated companies and intermediary companies, and the various gaming
licenses and approvals obtained by those entities. The Commission may
issue an order of registration upon receipt of a proper application. If
the information set forth in an order of registration changes, the
publicly traded corporation shall apply for and the Commission may issue
amendments to and revisions of the order of registration to reflect the
changes.
(d) If the publicly traded corporation is a foreign corporation,
qualify to do business in this state.
2. If the Board determines that a publicly traded corporation
registered with the Commission, or any of its affiliates or intermediary
companies, have ceased engaging in gaming activities in Nevada, the Board
may, upon its own motion, recommend that the Commission deregister the
publicly traded corporation. Before making such a recommendation for
deregistration, the Board shall provide at least 30 days’ notice to the
publicly traded corporation that it intends to move for deregistration.
If the Board is unable to confirm that notice has been received by the
publicly traded corporation, the Board shall provide notice to the last
known address of the registered agent of the publicly traded corporation.
If the Commission issues an order deregistering the publicly traded
corporation, a copy of the order must be provided to the publicly traded
corporation together with a notice that the publicly traded corporation
must apply, within 3 years after the date of the order of deregistration,
to the Commission for a refund of any money of the publicly traded
corporation held by the Board. If the Commission is unable to confirm
that the publicly traded corporation has received the order, the
Commission shall provide the order to the last known address of the
registered agent of the publicly traded corporation. The publicly traded
corporation must apply to the Board for a refund of any investigative or
other money of the publicly traded corporation held by the Board within 3
years after the date of deregistration. The money of the publicly traded
corporation for which a refund is not requested within 3 years after the
date of deregistration is presumed abandoned and is subject to the
provisions of chapter 120A of NRS.
3. The Commission may adopt regulations that generally or
selectively impose on any publicly traded corporation any requirement not
inconsistent with law which it may deem necessary in the public interest.
Without limiting the generality of the preceding sentence, any such
requirement may deal with the same subject matter as, but be more
stringent than, the requirements imposed by NRS 463.482 to 463.645 ,
inclusive.
(Added to NRS by 1969, 369; A 1971, 676; 1975, 695; 1979, 1529;
1991, 935; 1993, 189, 2008; 1997, 3505; 2001, 1649 )
1. Each officer, director and employee of a publicly traded
corporation who the Commission determines is or is to become actively and
directly engaged in the administration or supervision of, or any other
significant involvement with, the gaming activities of the corporation or
any of its affiliated or intermediary companies must be found suitable
therefor and may be required to be licensed by the Commission.
2. If any officer, director or employee of a publicly traded
corporation required to be licensed or found suitable pursuant to
subsection 1 fails to apply for a gaming license or finding of
suitability within 30 days after being requested to do so by the
Commission, or is denied a license or not found suitable by the
Commission, or if his license or the finding of his suitability is
revoked after appropriate findings by the Commission, the publicly traded
corporation shall immediately remove that officer, director or employee
from any office or position wherein he is actively and directly engaged
in the administration or supervision of, or any other significant
involvement with, the gaming activities of the corporation or any of its
affiliated or intermediary companies. If the Commission suspends the
finding of suitability of any officer, director or employee, the publicly
traded corporation shall, immediately and for the duration of the
suspension, suspend that officer, director or employee from performance
of any duties wherein he is actively and directly engaged in
administration or supervision of, or any other significant involvement
with, the gaming activities of the corporation or any of its affiliated
or intermediary companies.
(Added to NRS by 1969, 371; A 1977, 1439; 1979, 1530; 1993, 191)
1. Except as otherwise provided in subsection 2, after a publicly
traded corporation has registered pursuant to this chapter, and while the
publicly traded corporation or any of its affiliated or intermediary
companies holds a gaming license, the publicly traded corporation shall:
(a) Report promptly to the Commission in writing any change in its
officers, directors or employees who are actively and directly engaged in
the administration or supervision of the gaming activities of the
corporation or any of its affiliated or intermediary companies.
(b) Each year furnish to the Commission a profit and loss statement
and a balance sheet of the publicly traded corporation as of the end of
the year, and, upon request of the Commission therefor, a copy of the
publicly traded corporation’s federal income tax return within 30 days
after the return is filed with the Federal Government. All profit and
loss statements and balance sheets must be submitted within 120 days
after the close of the fiscal year to which they relate, and may be those
filed by the publicly traded corporation with or furnished by it to the
Securities and Exchange Commission.
(c) Mail to the Commission a copy of any statement, or amendment
thereto, received from a stockholder or group of stockholders pursuant to
section 13(d) of the Securities Exchange Act of 1934, as amended, within
10 days after receiving the statement or amendment thereto, and report
promptly to the Commission in writing any changes in ownership of record
of its equity securities which indicate that any person has become the
owner of record of more than 10 percent of its outstanding equity
securities of any class.
(d) Upon request of the Commission, furnish to it a copy of any
document filed by the publicly traded corporation with the Securities and
Exchange Commission or with any national or regional securities exchange,
including documents considered to be confidential in nature, or any
document furnished by it to any of its equity security holders of any
class.
2. A publicly traded corporation which was created under the laws
of a foreign country shall, instead of complying with subsection 1:
(a) Each year furnish to the Commission a profit and loss statement
and a balance sheet of the publicly traded corporation as of the end of
the year, and, upon request of the Commission therefor, a copy of the
publicly traded corporation’s federal income tax return within 30 days
after the return is filed with the Federal Government. All profit and
loss statements and balance sheets must be submitted within 120 days
after the close of the fiscal year to which they relate, and may be those
filed by the publicly traded corporation with or furnished by it to the
foreign governmental agency that regulates the sale of its securities.
(b) Mail to the Commission a copy of any statement, or amendment
thereto, received from a stockholder or group of stockholders pursuant to
law, within 10 days after receiving the statement or amendment thereto,
and report promptly to the Commission in writing any changes in ownership
of record of its equity securities which indicate that any person has
become the owner of record of more than 10 percent of its outstanding
equity securities of any class.
(c) Upon request of the Commission, furnish to it a copy of any
document filed by the publicly traded corporation with the foreign
governmental agency that regulates the sale of its securities or with any
national or regional securities exchange, including documents considered
to be confidential in nature, or any document furnished by it to any of
its equity security holders of any class.
(Added to NRS by 1969, 371; A 1977, 1440; 1979, 1531; 1985, 1477;
1993, 192)
If any corporation, partnership, limited partnership,
limited-liability company or other business organization holding a
license is owned or controlled by a publicly traded corporation subject
to the provisions of this chapter, or that publicly traded corporation,
does not comply with the laws of this state and the regulations of the
Commission, the Commission may in its discretion do any one, all or a
combination of the following:
1. Revoke, limit, condition or suspend the license of the
licensee; or
2. Fine the persons involved, the licensee or the publicly traded
corporation,
Ê in accordance with the laws of this state and the regulations of the
Commission.
(Added to NRS by 1969, 372; A 1979, 1532; 1993, 2009)
1. Each person who acquires, directly or indirectly, beneficial
ownership of any voting security in a publicly traded corporation which
is registered with the Commission may be required to be found suitable if
the Commission has reason to believe that his acquisition of that
ownership would otherwise be inconsistent with the declared policy of
this state.
2. Each person who acquires, directly or indirectly, beneficial
ownership of any debt security in a publicly traded corporation which is
registered with the Commission may be required to be found suitable if
the Commission has reason to believe that his acquisition of the debt
security would otherwise be inconsistent with the declared policy of this
state.
3. Each person who, individually or in association with others,
acquires, directly or indirectly, beneficial ownership of more than 5
percent of any class of voting securities of a publicly traded
corporation registered with the Nevada Gaming Commission, and who is
required to report, or voluntarily reports, the acquisition to the
Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or
16(a) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. §§
78m(d)(1), 78m(g) and 78p(a), respectively, shall file a copy of that
report, and any amendments thereto, with the Nevada Gaming Commission
within 10 days after filing that report with the Securities and Exchange
Commission.
4. Each person who, individually or in association with others,
acquires, directly or indirectly, the beneficial ownership of more than
10 percent of any class of voting securities of a publicly traded
corporation registered with the Commission, or who is required to report,
or voluntarily reports, such acquisition pursuant to section 13(d)(1),
13(g) or 16(a) of the Securities Exchange Act of 1934, as amended, 15
U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively, shall apply to the
Commission for a finding of suitability within 30 days after the Chairman
of the Board mails the written notice.
5. A person who acquires beneficial ownership of any voting
security or debt security in a publicly traded corporation created under
the laws of a foreign country which is registered with the Commission
shall file such reports and is subject to such a finding of suitability
as the Commission may prescribe.
6. Any person required by the Commission or by this section to be
found suitable shall:
(a) Except as otherwise required in subsection 4, apply for a
finding of suitability within 30 days after the Commission requests that
he do so; and
(b) Together with the application, deposit with the Board a sum of
money which, in the opinion of the Board, will be adequate to pay the
anticipated costs and charges incurred in the investigation and
processing of the application, and deposit such additional sums as are
required by the Board to pay final costs and charges.
7. Any person required by the Commission or this section to be
found suitable who is found unsuitable by the Commission shall not hold
directly or indirectly the beneficial ownership of any voting security or
debt security of a publicly traded corporation which is registered with
the Commission beyond the time prescribed by the Commission.
8. The violation of subsection 6 or 7 is a gross misdemeanor.
9. As used in this section, “debt security” means any instrument
generally recognized as a corporate security representing money owed and
reflected as debt on the financial statement of a publicly traded
corporation, including, but not limited to, bonds, notes and debentures.
(Added to NRS by 1977, 1426; A 1985, 1478, 2142; 1991, 937; 1995,
207; 2001, 3090 )
Miscellaneous Provisions
1. If any person who is required by or pursuant to this chapter to
be licensed or found suitable because of his connection with a
corporation, partnership, limited partnership, limited-liability company
or other business organization holding a license, or a holding company or
intermediary company, including a publicly traded corporation, fails to
apply for a license or a finding of suitability after being requested to
do so by the Commission or is denied a license or a finding of
suitability, or if his license or finding of suitability is revoked, and
his name has been placed on the list maintained pursuant to subsection 8
of NRS 463.165 , the corporation,
partnership, limited partnership, limited-liability company, business
organization, holding company, intermediary company or any person who
directly or indirectly controls, is controlled by or is under common
control with the corporation, partnership, limited partnership,
limited-liability company, business organization, holding company or
intermediary company shall not, after receipt of written notice from the
Commission:
(a) Pay him any remuneration for any service relating to the
activities of a licensee, except for amounts due for services rendered
before the date of receipt of notice of such action by the Commission.
Any contract or agreement for personal services or the conduct of any
activity at a licensed gaming establishment between a former employee
whose employment was terminated because of failure to apply for a license
or a finding of suitability, denial of a license or finding of
suitability, or revocation of a license or a finding of suitability, or
any business enterprise under the control of that employee and the
licensee, holding or intermediary company or registered publicly traded
corporation is subject to termination. Every such agreement shall be
deemed to include a provision for its termination without liability on
the part of the licensee upon a finding by the Commission that the
business or any person associated therewith is unsuitable to be
associated with a gaming enterprise. Failure expressly to include such a
condition in the agreement is not a defense in any action brought
pursuant to this section to terminate the agreement.
(b) Enter into any contract or agreement with him or with a
business organization that the licensee knows or under the circumstances
reasonably should know is under his control which involves the operations
of a licensee, without the prior approval of the Commission.
(c) Employ him in any position involving the activities of a
licensee without prior approval of the Commission.
2. The name of any person who has been denied a license, been
found unsuitable or had a license or finding of suitability revoked
pursuant to subsection 1 must be included on the list required pursuant
to subsection 8 of NRS 463.165 .
(Added to NRS by 1977, 1427; A 1979, 475; 1981, 1100; 1993, 2010;
1999, 3176 )
LICENSING AND REGULATION OF CERTAIN MANUFACTURERS, SELLERS AND
DISTRIBUTORS
482 to 463.645 , inclusive.
1. Except as otherwise provided in subsections 2 to 5, inclusive,
it is unlawful for any person, either as owner, lessee or employee,
whether for hire or not, to operate, carry on, conduct or maintain any
form of manufacture, selling or distribution of any gaming device,
cashless wagering system, mobile gaming system or interactive gaming
system for use or play in Nevada or for distribution outside of Nevada
without first procuring and maintaining all required federal, state,
county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital
lease is not required to be licensed under this section or NRS 463.660
.
3. The holder of a state gaming license or the holding company of
a corporation, partnership, limited partnership, limited-liability
company or other business organization holding a license may, within 2
years after cessation of business or upon specific approval by the Board,
dispose of by sale in a manner approved by the Board, any or all of its
gaming devices, including slot machines, mobile gaming systems and
cashless wagering systems, without a distributor’s license. In cases of
bankruptcy of a state gaming licensee or foreclosure of a lien by a bank
or other person holding a security interest for which gaming devices are
security in whole or in part for the lien, the Board may authorize the
disposition of the gaming devices without requiring a distributor’s
license.
4. The Commission may, by regulation, authorize a person who owns:
(a) Gaming devices for home use in accordance with NRS 463.160
; or
(b) Antique gaming devices,
Ê to sell such devices without procuring a license therefor to residents
of jurisdictions wherein ownership of such devices is legal.
5. Upon approval by the Board, a gaming device owned by:
(a) A law enforcement agency;
(b) A court of law; or
(c) A gaming device repair school licensed by the Commission on
Postsecondary Education,
Ê may be disposed of by sale, in a manner approved by the Board, without
a distributor’s license. An application for approval must be submitted to
the Board in the manner prescribed by the Chairman.
6. Any person who the Commission determines is a suitable person
to receive a license under the provisions of this section and NRS 463.660
may be issued a manufacturer’s or
distributor’s license. The burden of proving his qualification to receive
or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
7. Every person who must be licensed pursuant to this section is
subject to the provisions of NRS 463.482 to 463.645 ,
inclusive, unless exempted from those provisions by the Commission.
8. The Commission may exempt, for any purpose, a manufacturer,
seller or distributor from the provisions of NRS 463.482 to 463.645 ,
inclusive, if the Commission determines that the exemption is consistent
with the purposes of this chapter.
9. As used in this section:
(a) “Antique gaming device” means a gaming device that was
manufactured before 1951.
(b) “Holding company” has the meaning ascribed to it in NRS 463.485
.
(Added to NRS by 1967, 1596; A 1969, 651; 1977, 1425, 1441, 1445;
1981, 1101; 1983, 1206; 1989, 405, 970; 1993, 314, 829, 831, 2010; 1995,
762; 1997, 3508; 2001, 3091 ; 2003, 20th Special Session, 14 ; 2005, 719 )
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. A natural person who applies for the issuance or renewal of a
license as a manufacturer, distributor or seller of gaming devices or
mobile gaming systems shall submit to the Commission the statement
prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Commission shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Commission.
3. A license as a manufacturer, distributor or seller of gaming
devices or mobile gaming systems may not be issued or renewed by the
Commission if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Commission shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2062; A 2005, 720 )
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If the Commission receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license as a manufacturer, distributor or seller of gaming devices
or mobile gaming systems, the Commission shall deem the license issued to
that person to be suspended at the end of the 30th day after the date on
which the court order was issued unless the Commission receives a letter
issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Commission shall reinstate a license as a manufacturer,
distributor or seller of gaming devices or mobile gaming systems that has
been suspended by a district court pursuant to NRS 425.540 if the Commission receives a letter issued by
the district attorney or other public agency pursuant to NRS 425.550
to the person whose license was
suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2063; A 2005, 721 )
[Expires by limitation on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.] The application of a natural person who applies
for the issuance of a license as a manufacturer, distributor or seller of
gaming devices or mobile gaming systems must include the social security
number of the applicant.
(Added to NRS by 1997, 2063; A 2005, 721 )
If the Commission determines
that a manufacturer or distributor is unsuitable to receive or hold a
license:
1. No new gaming device or associated equipment manufactured by
the manufacturer or distributed by the distributor may be approved;
2. Any previously approved device or associated equipment
manufactured by the manufacturer or distributed by the distributor is
subject to revocation of approval if the reasons for the denial of the
license also apply to that device or associated equipment;
3. No new device or associated equipment manufactured by the
manufacturer or distributed by the distributor may be sold, transferred
or offered for use or play in Nevada; and
4. Any association or agreement between the manufacturer or
distributor and a licensee must be terminated, unless otherwise provided
by the Commission. An agreement between such a manufacturer or
distributor of gaming devices or associated equipment and a licensee
shall be deemed to include a provision for its termination without
liability on the part of the licensee upon a finding by the Commission
that the manufacturer is unsuitable to be associated with a gaming
enterprise. Failure to include that condition in the agreement is not a
defense in any action brought pursuant to this section to terminate the
agreement.
5. Failure of a licensee to terminate any association or agreement
with a manufacturer or distributor of gaming devices or associated
equipment after receiving notice of a determination of unsuitability, the
denial of a license or failure to file a timely application for a license
is an unsuitable method of operation.
(Added to NRS by 1983, 1205; A 1985, 2143)
1. The Commission shall charge and collect from each applicant a
fee of:
(a) For the issuance or renewal of a manufacturer’s license, $1,000.
(b) For the issuance or renewal of a seller’s or distributor’s
license, $500.
2. All licenses must be issued for the calendar year beginning on
January 1 and expiring on December 31. If the operation is continuing,
the Commission shall charge and collect the fee prescribed by subsection
1 on or before December 31 for the ensuing calendar year. Regardless of
the date of application or issuance of the license, the fee to be charged
and collected under this section is the full annual fee.
3. All license fees collected pursuant to this section must be
paid over immediately to the State Treasurer to be deposited to the
credit of the State General Fund.
(Added to NRS by 1967, 1596; A 1983, 1338; 1999, 1425 )
1. A manufacturer or distributor of associated equipment who
sells, transfers or offers the associated equipment for use or play in
Nevada may be required by the Commission, upon recommendation of the
Board, to file an application for a finding of suitability to be a
manufacturer or distributor of associated equipment.
2. Any person who directly or indirectly involves himself in the
sale, transfer or offering for use or play in Nevada of such associated
equipment who is not otherwise required to be licensed as a manufacturer
or distributor may be required by the Commission, upon recommendation of
the Board, to file an application for a finding of suitability to be a
manufacturer or distributor of associated equipment.
3. If an application for a finding of suitability is not submitted
to the Board within 30 days after demand by the Commission, it may pursue
any remedy or combination of remedies provided in this chapter.
(Added to NRS by 1983, 1205; A 1985, 2144; 1987, 188)
1. The Legislature finds and declares as facts:
(a) That the inspection of gaming devices, associated equipment,
cashless wagering systems, mobile gaming systems and interactive gaming
systems is essential to carry out the provisions of this chapter; and
(b) That inspection of gaming devices, associated equipment,
cashless wagering systems, mobile gaming systems and interactive gaming
systems is greatly facilitated by the opportunity to inspect components
before assembly and to examine the methods of manufacture.
2. The Board may inspect every gaming device which is
manufactured, sold or distributed:
(a) For use in this State, before the gaming device is put into
play.
(b) In this State for use outside this State, before the gaming
device is shipped out of this State.
3. The Board may inspect every gaming device which is offered for
play within this State by a licensee.
4. The Board may inspect all associated equipment, every cashless
wagering system, every mobile gaming system and every interactive gaming
system which is manufactured, sold or distributed for use in this State
before the equipment or system is installed or used by a licensee and at
any time while the licensee is using the equipment or system.
5. In addition to all other fees and charges imposed by this
chapter, the Board may determine, charge and collect an inspection fee
from each manufacturer, seller or distributor which must not exceed the
actual cost of inspection and investigation.
(Added to NRS by 1967, 1597; A 1969, 651; 1977, 1441; 1981, 1102;
1983, 1207; 1985, 2144; 1995, 1501; 2001, 3092 ; 2005, 721 )
FOREIGN GAMING
For the purposes of NRS 463.680 to 463.720 ,
inclusive:
1. “Foreign gaming” means the conduct of gaming outside this state.
2. “Licensee” means a person who:
(a) Is licensed or required to be licensed pursuant to NRS 463.160
, 463.162 , 463.167 or
463.650 ;
(b) Is or is required to be licensed, registered or found suitable
pursuant to NRS 463.482 to 463.645
, inclusive; or
(c) Directly or through one or more intermediaries controls, is
controlled by or is under common control with a person described in
paragraph (a) or (b).
(Added to NRS by 1977, 1419; A 1981, 1102; 1993, 302; 1997, 1072)
1. A licensee who proposes to participate in foreign gaming shall,
no later than 30 days after his execution of a definitive agreement
pertaining to the proposed participation in foreign gaming or his filing
of an application for licensing or related approval pertaining to the
proposed participation, whichever is earlier, deposit with the Board and
thereafter maintain a refundable revolving fund in the amount of $10,000
to pay the expenses of investigation by the Board of his participation in
foreign gaming. The Commission may in a particular case increase or
decrease the required amount of the revolving fund, but the Board or
Commission shall not require a licensee to establish more than one such
revolving fund. Upon the licensee’s termination of all proposed and
actual participation in foreign gaming, the Board shall refund the
remaining balance in the licensee’s revolving fund.
2. Before participating in foreign gaming, a licensee shall
provide to the Board such information pertaining to his proposed
participation as the Board may request.
(Added to NRS by 1977, 1420; A 1993, 302)
Unless otherwise ordered by the Board or
Commission, a licensee who participates in foreign gaming shall file with
the Board:
1. As soon as participation in foreign gaming begins:
(a) All documents filed by him or by an affiliate with the foreign
jurisdiction; and
(b) The systems of accounting and internal control utilized in the
foreign gaming operation and any amendments to the systems as soon as
made.
2. Annual operational and regulatory reports describing compliance
with regulations, procedures for audit, and procedures for surveillance
relating to the foreign gaming operation.
3. Quarterly reports regarding any of the following information
which is within the knowledge of the licensee:
(a) Any changes in ownership or control of any interest in the
foreign gaming operation;
(b) Any changes in officers, directors or key employees of the
foreign gaming operation;
(c) All complaints, disputes, orders to show cause and disciplinary
actions, related to gaming, instituted or presided over by an entity of
the United States, a state or any other governmental jurisdiction
concerning the foreign gaming operation;
(d) Any arrest of an employee of the foreign gaming operation
involving cheating or theft, related to gaming, in the foreign
jurisdiction; and
(e) Any arrest or conviction of an officer, director, key employee
or owner of equity in the foreign gaming operation for an offense that
would constitute a gross misdemeanor or felony in this state.
4. Such other information as the Commission requires by regulation.
(Added to NRS by 1977, 1420; A 1987, 142; 1993, 303; 1997, 1073)
1. If the Board determines that an actual or intended activity or
association of a licensee in a foreign gaming operation may be prohibited
pursuant to subsection 3 of NRS 463.720 , the Board may require the licensee to file an
application for a finding of suitability to be made by the Commission
concerning the activity or association. Except as otherwise provided in
subsection 2, the licensee shall file the application for a finding of
suitability within 30 days after receiving the request from the Board
unless the Chairman of the Board grants an extension of time.
2. In lieu of filing an application for a finding of suitability
pursuant to subsection 1, a licensee may, within 30 days after receiving
a request from the Board pursuant to subsection 1, petition the
Commission to review the request and determine whether the licensee is
required to file the application.
3. A licensee may, without a request from the Board, file an
application for a finding of suitability concerning his actual or
intended activity or association in a foreign gaming operation.
4. If the Commission finds that:
(a) An intended activity or association of a licensee in a foreign
gaming operation is unsuitable pursuant to subsection 3 of NRS 463.720
, the licensee shall not engage in the
activity or enter into the association.
(b) An activity or association of a licensee in a foreign gaming
operation is prohibited pursuant to subsection 3 of NRS 463.720 , the licensee shall terminate the activity or
association within the time prescribed by the Commission.
5. An application for a finding of suitability filed pursuant to
this section is subject to the same procedures and standards as any other
application for a finding of suitability filed pursuant to this chapter.
(Added to NRS by 1997, 1072)
A licensee shall not, in a
foreign gaming operation, knowingly:
1. Violate a foreign, federal, tribal, state, county, city or
township law, regulation, ordinance or rule, or any equivalent thereof,
concerning the conduct of gaming;
2. Fail to conduct the operation in accordance with the standards
of honesty and integrity required for gaming in this state;
3. Engage in an activity or enter into an association that is
unsuitable for a licensee because it:
(a) Poses an unreasonable threat to the control of gaming in this
state;
(b) Reflects or tends to reflect discredit or disrepute upon this
state or gaming in this state; or
(c) Is contrary to the public policy of this state concerning
gaming;
4. Engage in an activity or enter into an association that
interferes with the ability of this state to collect all license fees
imposed by this chapter; or
5. Employ, contract with or associate with a person whom the
Commission or a court in this state has found guilty of cheating or to
whom the Commission has denied a gaming license, or finding of
suitability, on the ground of unsuitability.
(Added to NRS by 1977, 1421; A 1993, 304; 1997, 1073)
MOBILE GAMING
1. Except as otherwise provided in subsection 2, the Commission
may, with the advice and assistance of the Board, adopt regulations
governing the operation of mobile gaming and the licensing of:
(a) An operator of a mobile gaming system;
(b) A manufacturer, seller or distributor of a mobile gaming
system; and
(c) A manufacturer of equipment associated with mobile gaming.
2. The Commission may not adopt regulations pursuant to this
section until the Commission first determines that:
(a) Mobile gaming systems are secure and reliable, and provide
reasonable assurance that players will be of lawful age and communicating
only from areas of licensed gaming establishments that have been approved
by the Commission for that purpose; and
(b) Mobile gaming can be operated in a manner which complies with
all applicable laws.
3. The regulations adopted by the Commission pursuant to this
section must:
(a) Provide that gross revenue received by a licensed gaming
establishment or the operator or the manufacturer of a mobile gaming
system from the operation of mobile gaming is subject to the same license
fee provisions of NRS 463.370 as the
other games and gaming devices operated at the licensed gaming
establishment.
(b) Provide that a mobile communications device which displays
information relating to the game to a participant in the game as part of
a mobile gaming system is subject to the same fees and taxes applicable
to slot machines as set forth in NRS 463.375 and 463.385 .
(c) Set forth standards for the location and security of the
computer system and for approval of hardware and software used in
connection with mobile gaming.
(d) Define “mobile gaming system,” “operator of a mobile gaming
system,” “equipment associated with mobile gaming” and “public area” as
the terms are used in this chapter.
(Added to NRS by 2005, 715 )
A debt
incurred by a patron in connection with playing a mobile gaming system at
a licensed gaming establishment is valid and may be enforced by legal
process.
(Added to NRS by 2005, 716 )
INTERACTIVE GAMING
1. Except as otherwise provided in subsections 2 and 3, the
Commission may, with the advice and assistance of the Board, adopt
regulations governing the licensing and operation of interactive gaming.
2. The Commission may not adopt regulations governing the
licensing and operation of interactive gaming until the Commission first
determines that:
(a) Interactive gaming can be operated in compliance with all
applicable laws;
(b) Interactive gaming systems are secure and reliable, and provide
reasonable assurance that players will be of lawful age and communicating
only from jurisdictions where it is lawful to make such communications;
and
(c) Such regulations are consistent with the public policy of the
State to foster the stability and success of gaming.
3. The regulations adopted by the Commission pursuant to this
section must:
(a) Establish the investigation fees for:
(1) A license to operate interactive gaming;
(2) A license for a manufacturer of interactive gaming
systems; and
(3) A license for a manufacturer of equipment associated
with interactive gaming.
(b) Provide that:
(1) A person must hold a license for a manufacturer of
interactive gaming systems to supply or provide any interactive gaming
system, including, without limitation, any piece of proprietary software
or hardware; and
(2) A person may be required by the Commission to hold a
license for a manufacturer of equipment associated with interactive
gaming.
(c) Set forth standards for the suitability of a person to be
licensed as a manufacturer of interactive gaming systems or manufacturer
of equipment associated with interactive gaming that are as stringent as
the standards for a nonrestricted license.
(d) Provide that gross revenue received by an establishment from
the operation of interactive gaming is subject to the same license fee
provisions of NRS 463.370 as the games
and gaming devices of the establishment.
(e) Set forth standards for the location and security of the
computer system and for approval of hardware and software used in
connection with interactive gaming.
(f) Define “equipment associated with interactive gaming,”
“interactive gaming system,” “manufacturer of equipment associated with
interactive gaming,” “manufacturer of interactive gaming systems,”
“operate interactive gaming” and “proprietary hardware and software” as
the terms are used in this chapter.
4. Except as otherwise provided in subsection 5, the Commission
shall not approve a license for an establishment to operate interactive
gaming unless:
(a) In a county whose population is 400,000 or more, the
establishment is a resort hotel that holds a nonrestricted license to
operate games and gaming devices.
(b) In a county whose population is more than 40,000 but less than
400,000, the establishment is a resort hotel that holds a nonrestricted
license to operate games and gaming devices or the establishment:
(1) Holds a nonrestricted license for the operation of games
and gaming devices;
(2) Has more than 120 rooms available for sleeping
accommodations in the same county;
(3) Has at least one bar with permanent seating capacity for
more than 30 patrons that serves alcoholic beverages sold by the drink
for consumption on the premises;
(4) Has at least one restaurant with permanent seating
capacity for more than 60 patrons that is open to the public 24 hours
each day and 7 days each week; and
(5) Has a gaming area that is at least 18,000 square feet in
area with at least 1,600 slot machines, 40 table games, and a sports book
and race pool.
(c) In all other counties, the establishment is a resort hotel that
holds a nonrestricted license to operate games and gaming devices or the
establishment:
(1) Has held a nonrestricted license for the operation of
games and gaming devices for at least 5 years before the date of its
application for a license to operate interactive gaming;
(2) Meets the definition of group 1 licensee as set forth in
the regulations of the Commission on the date of its application for a
license to operate interactive gaming; and
(3) Operates either:
(I) More than 50 rooms for sleeping accommodations in
connection therewith; or
(II) More than 50 gaming devices in connection
therewith.
5. The Commission may:
(a) Issue a license to operate interactive gaming to an affiliate
of an establishment if:
(1) The establishment satisfies the applicable requirements
set forth in subsection 4; and
(2) The affiliate is located in the same county as the
establishment; and
(b) Require an affiliate that receives a license pursuant to this
subsection to comply with any applicable provision of this chapter.
6. It is unlawful for any person, either as owner, lessee or
employee, whether for hire or not, either solely or in conjunction with
others, to operate interactive gaming:
(a) Until the Commission adopts regulations pursuant to this
section; and
(b) Unless the person first procures, and thereafter maintains in
effect, all appropriate licenses as required by the regulations adopted
by the Commission pursuant to this section.
7. A person who violates subsection 6 is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than
10 years or by a fine of not more than $50,000, or both.
(Added to NRS by 2001, 3076 )
1. Upon the recommendation of the Board, the Commission may
require:
(a) A manufacturer of equipment associated with interactive gaming
who sells, transfers or offers equipment associated with interactive
gaming for use or play in this state to file an application for a license
to be a manufacturer of equipment associated with interactive gaming.
(b) A person who directly or indirectly involves himself in the
sale, transfer or offering for use or play in this state of equipment
associated with interactive gaming who is not otherwise required to be
licensed as a manufacturer or distributor pursuant to this chapter to
file an application for a license to be a manufacturer of equipment
associated with interactive gaming.
2. If a person fails to submit an application for a license to be
a manufacturer of equipment associated with interactive gaming within 30
days after a demand by the Commission pursuant to this section, the
Commission may pursue any remedy or combination of remedies provided in
this chapter.
(Added to NRS by 2001, 3078 )
1. Before issuing a license for a manufacturer of interactive
gaming systems or manufacturer of equipment associated with interactive
gaming, the Commission shall charge and collect a license fee of:
(a) One hundred and twenty-five thousand dollars for a license for
a manufacturer of interactive gaming systems; or
(b) Fifty thousand dollars for a license for a manufacturer of
equipment associated with interactive gaming.
2. Each license issued pursuant to this section must be issued for
a 1-year period that begins on the date the license is issued.
3. Before renewing a license issued pursuant to this section, but
in no case later than 1 year after the license was issued or previously
renewed, the Commission shall charge and collect a renewal fee for the
renewal of the license for the immediately following 1-year period. The
renewal fee for a license for a manufacturer of interactive gaming
systems or manufacturer of equipment associated with interactive gaming
is $25,000.
(Added to NRS by 2001, 3078 )
1. Before issuing an initial license for an establishment to
operate interactive gaming, the Commission shall charge and collect from
the establishment a license fee of $500,000.
2. Each initial license for an establishment to operate
interactive gaming must be issued for a 2-year period beginning on
January 1 of the first year and ending on December 31 of the second year.
3. Notwithstanding the provisions of subsections 1 and 2 to the
contrary, a license for an establishment to operate interactive gaming
may be issued after January 1 of a calendar year for a period beginning
on the date of issuance of the license and ending on the second December
31 following the date of issuance of the license. Before issuing an
initial license pursuant to this subsection, the Commission shall charge
and collect from the establishment a license fee of $500,000 prorated by
1/24 for each full month between January 1 of the calendar year and the
date of issuance of the license.
4. Before renewing a license issued pursuant to this section, but
in no case later than the second December 31 after the license was issued
or previously renewed, the Commission shall charge and collect a renewal
fee of $250,000 for the renewal of the license for the immediately
following 1-year period.
(Added to NRS by 2001, 3078 )
1. All gross revenue from operating interactive gaming received by
an establishment licensed to operate interactive gaming, regardless of
whether any portion of the revenue is shared with another person, must be
attributed to the licensee and counted as part of the gross revenue of
the licensee for the purpose of computing the license fee required by NRS
463.370 .
2. A manufacturer of interactive gaming systems who is authorized
by an agreement to receive a share of the revenue from an interactive
gaming system from an establishment licensed to operate interactive
gaming is liable to the establishment for a portion of the license fee
paid pursuant to subsection 1. The portion for which the manufacturer of
interactive gaming systems is liable is 6.75 percent of the amount of
revenue to which the manufacturer of interactive gaming systems is
entitled pursuant to the agreement.
3. For the purposes of subsection 2, the amount of revenue to
which the manufacturer of interactive gaming systems is entitled pursuant
to an agreement to share the revenue from an interactive gaming system:
(a) Includes all revenue of the manufacturer of interactive gaming
systems that is his share of the revenue from the interactive gaming
system pursuant to the agreement; and
(b) Does not include revenue that is the fixed purchase price for
the sale of a component of the interactive gaming system.
(Added to NRS by 2001, 3079 ; A 2003, 20th Special Session, 213 )
The operation
of interactive gaming is exempt from the fees and taxes imposed pursuant
to NRS 463.375 , 463.380 , 463.383 and
463.385 .
(Added to NRS by 2001, 3078 )
A debt
incurred by a patron for play at an interactive gaming system of an
establishment licensed to operate interactive gaming is valid and may be
enforced by legal process.
(Added to NRS by 2001, 3078 )
EMERGENCY RESPONSE PLANS
1. Each resort hotel shall adopt and maintain an emergency
response plan. Each new or revised plan must be filed within 3 days after
adoption or revision with each local fire department and local law
enforcement agency whose jurisdiction includes the area in which the
resort hotel is located and with the Division of Emergency Management of
the Department of Public Safety.
2. The emergency response plan required by subsection 1 must
include:
(a) A drawing or map of the layout of all areas within the building
or buildings and grounds that constitute a part of the resort hotel and
its support systems and a brief description of the purpose or use for
each area;
(b) A drawing or description of the internal and external access
routes;
(c) The location and inventory of emergency response equipment and
resources;
(d) The location of any unusually hazardous substances;
(e) The name and telephone number of the emergency response
coordinator for the resort hotel;
(f) The location of one or more site emergency response command
posts;
(g) A description of any special equipment needed to respond to an
emergency at the resort hotel;
(h) An evacuation plan;
(i) A description of any public health or safety hazards present on
the site; and
(j) Any other information requested by a local fire department or
local law enforcement agency whose jurisdiction includes the area in
which the resort hotel is located or by the Division of Emergency
Management.
3. A plan filed pursuant to the requirements of this section,
including any revisions adopted thereto, is confidential and must be
securely maintained by the department, agency and Division with whom it
is filed. An officer, employee or other person to whom the plan is
entrusted by the department, agency or Division shall not disclose the
contents of such a plan except:
(a) Upon the lawful order of a court of competent jurisdiction; or
(b) As is reasonably necessary in the case of an emergency
involving public health or safety.
4. As used in this section, the term “local law enforcement
agency” means:
(a) The sheriff’s office of a county;
(b) A metropolitan police department; or
(c) A police department of an incorporated city.
(Added to NRS by 2003, 2954 )
