[Rev. 1/14/2014 4:07:46 PM--2014R1]

CHAPTER 463 - LICENSING AND CONTROL OF GAMING

GENERAL PROVISIONS

NRS 463.010           Short title.

NRS 463.0129         Public policy of state concerning gaming; license or approval revocable privilege.

NRS 463.013           Definitions.

NRS 463.0133         “Affiliate” defined.

NRS 463.0134         “Applicant” defined.

NRS 463.0135         “Application” defined.

NRS 463.0136         “Associated equipment” defined.

NRS 463.01365       “Banking game” defined.

NRS 463.0137         “Board” defined.

NRS 463.0139         “Capital lease” defined.

NRS 463.01395       “Cash access and wagering instrument service provider” defined.

NRS 463.014           “Cashless wagering system” defined.

NRS 463.0141         “Chair” defined.

NRS 463.0142         “Charitable lottery” defined.

NRS 463.0143         “City” defined.

NRS 463.0145         “Commission” defined.

NRS 463.0146         “Commissioner” defined.

NRS 463.01463       “Contest” defined.

NRS 463.01464       “Covered asset” defined.

NRS 463.014645     “Covered person” defined.

NRS 463.01465       “Credit card” defined.

NRS 463.01467       “Credit instrument” defined.

NRS 463.01469       “Debit instrument” defined.

NRS 463.0147         “Disseminator” defined.

NRS 463.01473       “Electronic transfer of money” defined.

NRS 463.0148         “Establishment” defined.

NRS 463.015           “Executive Director” defined.

NRS 463.0152         “Game” and “gambling game” defined.

NRS 463.0153         “Gaming” and “gambling” defined.

NRS 463.0155         “Gaming device” defined.

NRS 463.0157         “Gaming employee” defined.

NRS 463.0158         “Gaming enterprise district” defined.

NRS 463.0159         “Gaming license” defined.

NRS 463.01595       “Gaming salon” defined.

NRS 463.0161         “Gross revenue” defined.

NRS 463.0163         “Hearing examiner” defined.

NRS 463.0164         “Independent agent” defined.

NRS 463.01642       “Information service” defined.

NRS 463.016425     “Interactive gaming” defined.

NRS 463.016427     “Interactive gaming facility” defined.

NRS 463.01643       “Inter-casino linked system” defined.

NRS 463.0165         “License” defined.

NRS 463.0167         “License fees” defined.

NRS 463.0169         “Licensed gaming establishment” defined.

NRS 463.0171         “Licensee” defined.

NRS 463.01715       “Manufacture” defined.

NRS 463.0172         “Manufacturer” defined.

NRS 463.0173         “Manufacturer’s, seller’s or distributor’s license” defined.

NRS 463.0175         “Member,” “Board member” and “Commission member” defined.

NRS 463.0176         “Mobile gaming” defined.

NRS 463.0177         “Nonrestricted license” and “nonrestricted operation” defined.

NRS 463.0178         “Operate interactive gaming” defined.

NRS 463.0179         “Operation” defined.

NRS 463.018           “Operator of a slot machine route” defined.

NRS 463.01805       “Operator of an inter-casino linked system” defined.

NRS 463.0181         “Party” defined.

NRS 463.0182         “Periodic payments” defined.

NRS 463.0185         “Quarter” and “calendar quarter” defined.

NRS 463.01855       “Race book” defined.

NRS 463.01858       “Registered as a gaming employee” defined.

NRS 463.0186         “Regulation” defined.

NRS 463.01862       “Representative of value” defined.

NRS 463.01865       “Resort hotel” defined.

NRS 463.0187         “Respondent” defined.

NRS 463.0189         “Restricted license” and “restricted operation” defined.

NRS 463.0191         “Slot machine” defined.

NRS 463.0193         “Sports pool” defined.

NRS 463.01955       “Temporarily registered as a gaming employee” defined.

NRS 463.0196         “Tournament” defined.

NRS 463.01962       “Wager” defined.

NRS 463.01963       “Wagering credit” defined.

NRS 463.01967       “Wagering instrument” defined.

NRS 463.0199         Attorney General is legal adviser for Board and Commission.

GAMING POLICY COMMITTEE

NRS 463.021           Creation; composition; terms; meetings; recommendations advisory and not binding; Review Panel of Committee to consider certain appeals; advisory committee on gaming education; appointment of members, terms and duties.

NEVADA GAMING COMMISSION

NRS 463.022           Creation; number of members.

NRS 463.023           Members: Qualifications and eligibility.

NRS 463.024           Members: Appointment; Chair; terms; removal.

NRS 463.025           Members: Discharge of duties; certain political activities prohibited; oaths.

NRS 463.026           Members: Salaries.

NRS 463.027           Board to furnish administrative and clerical services and equipment to Commission; administrative costs.

NRS 463.028           Offices.

NRS 463.029           Meetings; quorum.

STATE GAMING CONTROL BOARD

NRS 463.030           Creation; number of members.

NRS 463.040           Members: Qualifications and eligibility.

NRS 463.050           Members: Appointment; terms; Chair and Executive Director; removal.

NRS 463.060           Members: Other employment and certain political activities and financial interests prohibited; oaths.

NRS 463.070           Members: Compensation.

NRS 463.080           Organization; administrative expenses; employees; plan concerning employees.

NRS 463.085           Executive Secretary: Appointment; removal; duties; other employment prohibited; salary.

NRS 463.095           Employment of consultants.

NRS 463.100           Offices.

NRS 463.110           Meetings; quorum; investigative hearings.

POWERS AND DUTIES OF BOARD AND COMMISSION

NRS 463.120           Records of Board and Commission; confidential treatment of certain information; report to Legislature by Board; access by Board and Commission to certain records of Nevada Tax Commission.

NRS 463.125           Commission may require certain nonrestricted licensees to report and maintain records of transactions involving cash; absolute immunity from civil liability for certain disclosures about transactions involving cash; absolute privilege of certain documents.

NRS 463.140           General powers and duties of Board and Commission.

NRS 463.1405         Investigation of qualifications of applicants and observation of conduct of licensees and other persons by Board; absolute powers of Board and Commission.

NRS 463.141           Initiation of proceedings and actions to enforce chapters.

NRS 463.142           Civil action by Board to collect fees, interest, penalty or tax; attachment; records as evidence.

NRS 463.143           Exercise of other necessary powers by Commission.

NRS 463.144           Commission and Board may refuse to reveal certain matters in court or administrative proceedings.

NRS 463.1445         Board, Commission and their agents deemed essential employees during budgetary or fiscal crisis necessitating closure of nonessential agencies.

REGULATIONS OF COMMISSION

NRS 463.145           Adoption, amendment and repeal: Procedure.

NRS 463.150           Required provisions.

NRS 463.151           Regulations requiring exclusion or ejection of certain persons from licensed establishments: Persons included.

NRS 463.152           Regulations requiring exclusion or ejection of certain persons from licensed establishments: Notice to person whose name is placed on list.

NRS 463.153           Regulations requiring exclusion or ejection of certain persons from licensed establishments: Hearing; disposition; judicial review.

NRS 463.154           Regulations requiring exclusion or ejection of certain persons from licensed establishments: Penalties for failure to exclude or eject.

NRS 463.155           Regulations requiring exclusion or ejection of certain persons from licensed establishments: Unlawful entry by person whose name has been placed on list; penalty.

NRS 463.156           Regulations concerning financial practices of licensees: Adoption.

NRS 463.157           Regulations concerning financial practices of licensees: Minimum procedures for control of internal fiscal affairs of nonrestricted licensees; internal audits.

NRS 463.158           Regulations concerning financial practices of licensees: Periodic financial reports from nonrestricted licensees.

NRS 463.159           Regulations concerning financial practices of licensees: Audits, compilations and reviews of financial statements of nonrestricted licensees; independent accountants.

NRS 463.1592         Regulations concerning financial practices of licensees: Organization of audit function of State Gaming Control Board; economic research and planning function.

NRS 463.1593         Regulations concerning financial practices of licensees: Duties of Legislative Auditor.

NRS 463.1595         Regulations concerning financial practices of licensees: Computation and reporting of winnings, compensation and gross revenue; submission of fees, interest, penalties and taxes.

NRS 463.1596         Regulations concerning recovery of gaming debts by patrons.

NRS 463.1597         Regulations concerning licensing of corporations and limited partnerships.

NRS 463.1598         Regulations governing sale or offering for sale of securities.

NRS 463.1599         Regulations governing operation of slot machine routes.

NRS 463.15993       Regulations governing approval and operation of inter-casino linked systems.

NRS 463.15995       Regulations governing charging of fee for admission to area in which gaming is conducted.

REGULATION OF PERSONS INVOLVED IN GAMING

NRS 463.160           Licenses required; unlawful to permit certain gaming activities to be conducted without license; exceptions; separate license required for each location where operation of race book or sports pool conducted.

NRS 463.1605         Limitation on approval of nonrestricted license in county whose population is 100,000 or more; additional local regulation of resort hotels permissible.

NRS 463.161           License to operate 15 or fewer slot machines: Conditions. [Effective through December 31, 2013.]

NRS 463.161           License to operate 15 or fewer slot machines: Conditions. [Effective January 1, 2014.]

NRS 463.162           State gaming license required where equipment, services or property delivered or furnished for gaming interest or revenue; exemptions.

NRS 463.1625         Preliminary finding of suitability; regulations.

NRS 463.163           Operation of gaming device in restricted area of public transportation facility: Prior approval of Board required.

NRS 463.165           Licensing of certain persons having significant influence over gaming operation of licensee; remuneration, contracts and employment prohibited for certain unsuitable or unlicensed persons; termination of contracts or agreements for services or employment.

NRS 463.166           Contracts or agreements with certain unsuitable or unlicensed persons prohibited; termination of contract or agreement.

NRS 463.1665         Licensing, registration, suitability or approval of applicants who are governmental entities or owned or controlled by governmental entities.

NRS 463.167           Suitability or licensing of certain persons furnishing services or property or doing business with gaming licensee; termination of association.

NRS 463.168           Suitability of certain persons providing transmission services in association with licensee; termination of association.

NRS 463.169           Registration or licensing of person conducting certain tournaments or contests in association with gaming licensee; termination of association.

NRS 463.170           Qualifications for license, finding of suitability or approval; regulations.

NRS 463.172           Power of Chair to approve transfer of interest in license, registration, finding of suitability or approval to or from inter vivos trust; approval of Chair required before amendment to inter vivos trust effective.

NRS 463.173           Restrictions on person denied license or found unsuitable.

NRS 463.174           Board to maintain list of unsuitable and unlicensed persons; removal of name from list.

NRS 463.175           Exemption of bank acting as fiduciary from certain requirements; limitation.

NRS 463.177           Exemption of governing body leasing portion of facility for public transportation for operation of slot machines.

NRS 463.180           Qualifications for county license.

NRS 463.190           Qualifications for municipal license.

NRS 463.200           Application for state license: Contents; supplemental forms.

NRS 463.210           Investigation of applicant; order of Board recommending approval or denial of license.

NRS 463.220           Action by Commission on application; further investigation; hearing.

NRS 463.225           Issuance of state licenses; bonds and deposits; account for bonds of state gaming licensees.

NRS 463.230           Issuance of county license.

NRS 463.240           State license prerequisite to county or municipal license; confidentiality of certain information provided to county or municipality.

NRS 463.242           Preparation by Board of basic form of application and supporting documents for licensing by county and city.

NRS 463.245           Single establishment not to contain more than one licensed operation; exceptions; certain agreements for sharing of revenue prohibited.

NRS 463.250           Taxing powers preserved.

NRS 463.260           Posting and inspection of licenses.

NRS 463.270           Renewal of state license; voluntary surrender of state license; penalties.

NRS 463.280           Renewal of county license.

NRS 463.290           Report furnished by licensee.

NRS 463.300           Unlawful transfer of ownership.

NRS 463.302           Moving location of establishment and transferring restricted or nonrestricted license: Exclusive authority of Board to approve; conditions for approval; exception.

NRS 463.305           Approval of gaming device, mobile gaming system or inter-casino linked system required; list of approved gaming devices, mobile gaming systems and inter-casino linked systems; removal of gaming device or mobile gaming system following suspension or revocation of approval; regulations.

NRS 463.306           Availability of inter-casino linked system to certain nonrestricted licensees.

NRS 463.307           Permissible wagering instrumentalities.

NONRESTRICTED GAMING LICENSES IN CERTAIN COUNTIES

NRS 463.3072         Legislative findings and declarations.

NRS 463.3074         Applicability of NRS 463.3072 to 463.3094, inclusive.

NRS 463.3076         Location of proposed establishment within Las Vegas Boulevard gaming corridor.

NRS 463.3078         Location of proposed establishment within rural Clark County gaming zone.

NRS 463.308           Approval of nonrestricted license for establishment located outside of gaming enterprise district prohibited; expansion of establishment located in gaming enterprise district limited; increase in number of games or slot machines at establishment located outside of gaming enterprise district prohibited after certain date.

NRS 463.3082         Approval of nonrestricted license for proposed establishment located within Las Vegas Boulevard gaming corridor and rural Clark County gaming zone prohibited unless location designated gaming enterprise district.

NRS 463.3084         Gaming enterprise district: Petition for designation of location if within Las Vegas Boulevard gaming corridor or rural Clark County gaming zone; petitioner’s burden of proof; hearing; limitation on subsequent petition.

NRS 463.3086         Gaming enterprise district: Petition for designation of location if outside of Las Vegas Boulevard gaming corridor and rural Clark County gaming zone; notice of hearing; hearing; petitioner’s burden of proof; limitation on subsequent petition.

NRS 463.3088         Gaming enterprise district: Procedure for appealing denial or grant of petition to designate location outside of Las Vegas Boulevard gaming corridor and rural Clark County gaming zone.

NRS 463.309           Duty of local government to provide and update map showing location of gaming enterprise districts.

NRS 463.3092         Duty of certain persons to erect and maintain sign on property to indicate intent to use, sell or lease for operation of establishment with nonrestricted license; requirements for sign.

NRS 463.3094         Description of Las Vegas urban growth zone.

DISCIPLINARY ACTIONS

NRS 463.310           Investigations and initiation of complaints by Board; proceedings before Commission; powers and duties of Commission.

NRS 463.311           Emergency order of Commission.

NRS 463.312           Contents and service of complaint; answer; effect of failure to answer or appear; notice of hearing.

NRS 463.3125         Hearing: Subpoena; payment of fees, subsistence and transportation for witness; deposition.

NRS 463.313           Hearings: Procedure; use of affidavit.

NRS 463.3133         Hearings other than investigative hearings: Procedure.

NRS 463.3136         Amended or supplemental pleadings.

NRS 463.314           Contempt.

NRS 463.3145         Written decision and order of Commission; rehearing.

NRS 463.315           Judicial review: Petition; intervention; stay of enforcement; priority if supervisor appointed.

NRS 463.316           Judicial review: Record on review.

NRS 463.317           Judicial review: Additional evidence taken by Commission; review confined to record; court may affirm, remand or reverse.

NRS 463.318           Judicial review: Appeal to Supreme Court; exclusive method of review for disciplinary hearings; certain actions not subject to judicial review. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 463.318           Judicial review: Appeal to appellate court; exclusive method of review for disciplinary hearings; certain actions not subject to judicial review. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

MISCELLANEOUS PROVISIONS

NRS 463.320           Collection and disposition of state fees for licenses and penalties.

NRS 463.323           Collection and disposition of county fees for licenses in county whose population is less than 700,000.

NRS 463.325           Collection and disposition of county fees for licenses in county whose population is 700,000 or more.

NRS 463.327           Decrease in rate of property tax of incorporated city receiving apportioned gaming license revenue.

NRS 463.330           Costs of administration; State Gaming Control Board Revolving Account; limitations on expenditures.

NRS 463.331           Investigative Fund.

NRS 463.335           Gaming employee must be registered with Board; notice of change of employment; investigation of applicant; fee; expiration of registration; suspension of or objection to registration; hearing and review; confidentiality of records; suspension of registration for failure to comply with provisions of chapter 179D of NRS.

NRS 463.33505       Renewal of registration as gaming employee: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

NRS 463.3351         Payment of child support: Statement by applicant for registration as gaming employee; grounds for denial of registration; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.3352         Suspension of registration as gaming employee for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.3354         Application for registration as gaming employee to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.336           Issuance of order summarily suspending registration as gaming employee; hearing; notice of defense.

NRS 463.337           Revocation of registration as gaming employee: Grounds; power of Commission; judicial review.

NRS 463.339           Disclosure by applicant for licensing, registration, finding of suitability, preliminary finding of suitability or required approval or consent.

NRS 463.3403         Confidentiality of information relating to termination of employment of gaming employee or independent agent.

NRS 463.3407         Absolute privilege of certain communications and documents; restrictions on and protections against disclosure.

NRS 463.341           Order of court for release of confidential information: Procedure.

NRS 463.342           Person with disability entitled to services of interpreter at hearing.

NRS 463.343           Declaratory judgment; limitations on injunctive relief.

NRS 463.344           Enforcement of certain security interests against licensees.

NRS 463.345           Early closing dates in certain transfers of gaming property prohibited.

NRS 463.3455         Provision regarding responsibility for fees and taxes required in certain transfers of gaming property or interest.

NRS 463.346           Injunctions.

NRS 463.3465         Prosecution by Attorney General of violations of gaming laws.

NRS 463.347           Penalty for possession of device, equipment or material illegally manufactured, sold or distributed.

NRS 463.350           Gaming or employment in gaming prohibited for persons under 21.

NRS 463.355           District attorney, sheriff and chief of police to furnish information obtained during investigation or prosecution.

NRS 463.3557         Electronic transfer of money to game or gaming device by credit card prohibited; exception.

NRS 463.3558         Approval of debit instrument required.

NRS 463.360           Penalties.

RECOVERY OF GAMING DEBTS BY PATRONS

NRS 463.361           Enforceability and resolution of gaming debts.

NRS 463.362           Resolution of disputes.

NRS 463.363           Petition for hearing by Board; notice and conduct of hearing.

NRS 463.364           Burden of proof on party seeking reconsideration; decision of Board or hearing examiner.

NRS 463.366           Payment of claim after decision of Board or hearing examiner becomes final; deposit and withdrawal of amount of claim upon judicial review.

NRS 463.3662         Judicial review: Petition; intervention; stay of enforcement.

NRS 463.3664         Judicial review: Record on review.

NRS 463.3666         Judicial review: Additional evidence taken by Board or hearing examiner; review confined to record; court may affirm, remand or reverse.

NRS 463.3668         Judicial review: Appeal; exclusive method of review; costs to transcribe proceedings and transmit record. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 463.3668         Judicial review: Appeal; exclusive method of review; costs to transcribe proceedings and transmit record. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

RECOVERY OF GAMING DEBTS BY LICENSEES

NRS 463.368           Credit instruments: Validity; enforcement; redemption; penalties; regulations.

UNREDEEMED SLOT MACHINE WAGERING VOUCHERS

NRS 463.369           Records to be maintained; expiration of obligation to pay patron; quarterly report; payment of percentage of value to Commission; regulations; “slot machine wagering voucher” defined.

FEES FOR STATE AND COUNTY GAMING LICENSES

NRS 463.370           Monthly fee for state license; fee for licensee operating less than full month; proportionate share of operator of inter-casino linked system and other persons; underpayments and overpayments; cessation of operation; offset of certain losses.

NRS 463.371           Computation of gross revenue: Credit instruments; cash and its equivalents.

NRS 463.3715         Computation of gross revenue: Items which may be deducted.

NRS 463.3717         Compilation of information concerning gross revenue reported by licensees; summary of compiled information available for public review.

NRS 463.372           Slot machines: Counting for purposes of administering quarterly fee and annual taxes and fees.

NRS 463.373           Quarterly fee for state license for restricted operation.

NRS 463.375           Quarterly fee for state license for nonrestricted operation; proportionate share of operator of inter-casino linked system and other persons.

NRS 463.380           Annual fee for state license based on number of games operated.

NRS 463.383           Quarterly fee for state license based on number of games operated.

NRS 463.385           Annual excise tax upon slot machines: Imposition; collection; proportionate share of operator of inter-casino linked system and other persons; deposit and use of receipts.

NRS 463.3855         Annual fee for license for operator of slot machine route, mobile gaming system or inter-casino linked system.

NRS 463.3856         Annual fee for license for operator of information service; collection.

NRS 463.3857         Fees from licensee who concludes gaming operation: Final fee based on total outstanding value of collectible credit instruments; monthly fee based on all compensation received in payment of credit instrument; calculation and collection of monthly fee; security required for payment of monthly fee.

NRS 463.386           Credit for prepaid fees for license upon transfer of gaming license for continuing operation; regulations.

NRS 463.387           Refund of excessive state fees or taxes paid; procedure; interest; time within which claim for refund must be filed.

NRS 463.388           Determination of deficiency: Recomputation or estimate of taxes or fees; accrual of interest on unpaid taxes; offsetting overpayments; refund of excess.

NRS 463.3881         Determination of deficiency: Notice.

NRS 463.3882         Determination of deficiency: Lien.

NRS 463.3883         Redetermination: Time for filing and contents of petition; hearing; finality of order; judicial review.

NRS 463.389           Remedies of State are cumulative.

NRS 463.390           Quarterly fee for county license; penalty for late payment.

NRS 463.395           Limitations on amount of fee for license or rate of tax imposed by local government.

NRS 463.400           Penalty for willful evasion of payment of fees for license and other acts and omissions.

GAMING SALONS

NRS 463.4071         Application for license to operate gaming salon; fee; costs for investigation.

NRS 463.4073         Regulations establishing policies and procedures for approval of license to operate gaming salon and standards of operation.

NRS 463.4076         Admission of patrons to gaming salon: Conditions; restrictions; resolution of disputes.

PERMITS FOR HOLIDAYS AND SPECIAL EVENTS

NRS 463.408           Application; fee; conditions and limitations.

GAMES OPERATED BY CHARITABLE OR EDUCATIONAL ORGANIZATIONS

NRS 463.409           Approval by Board of game operated by charitable organization; conditions; exceptions.

CHARITABLE BINGO GAMES OPERATED BY QUALIFIED ORGANIZATIONS

NRS 463.4091         Definitions.

NRS 463.40915       “Calendar quarter” defined.

NRS 463.4092         “Charitable or nonprofit activity” defined.

NRS 463.40925       “Net proceeds” defined.

NRS 463.4093         “Qualified organization” defined.

NRS 463.40935       Administration of provisions by Board and Commission; regulations.

NRS 463.4094         Requirements for operation of charitable bingo game without gaming license.

NRS 463.40945       Registration and approval of qualified organization: Duties of Executive Director; revocable privilege; expiration.

NRS 463.4095         Requirements for registration and approval of Executive Director.

NRS 463.40955       Commission may require finding of suitability.

NRS 463.4096         Prohibited acts concerning compensation of employees of qualified organizations and other persons.

NRS 463.40965       Reporting and expenditure of net proceeds of charitable bingo.

TRANSPORTATION OF GAMING DEVICES IN INTERSTATE COMMERCE

NRS 463.410           Exemption of State from operation of 15 U.S.C. § 1172.

NRS 463.420           Legal shipments of gambling devices into State.

DISSEMINATION OF LIVE BROADCASTS FOR RACING

NRS 463.421           Definitions.

NRS 463.4212         “Live broadcast” defined.

NRS 463.4214         “Racing meet” defined.

NRS 463.4216         “Track” defined.

NRS 463.4218         “User” defined.

NRS 463.422           Proposal by disseminator for exclusive right to disseminate live broadcast for racing meet; determination of necessity of hearing; notice; determination without hearing.

NRS 463.423           Hearing panel: Appointment; qualifications; expenses; agreements for services; additional personnel.

NRS 463.424           Procedure at hearing; submission of recommendation to Board; action on recommendation; regulations for contents of proposals.

NRS 463.425           Administrative review of decision of Board.

NRS 463.426           Powers of Board.

NRS 463.427           Unauthorized use or dissemination of live broadcast prohibited.

DISSEMINATION AND BROADCAST OF INFORMATION CONCERNING RACING

NRS 463.430           Unlawful to disseminate information without license; exceptions.

NRS 463.435           Renewal of license: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

NRS 463.440           Regulation and control of dissemination of information: Public policy of State; power of Commission; regulations.

NRS 463.445           Control of rates charged by disseminator; report of financial information.

NRS 463.450           Fees: Amount; collection; overpayment or underpayment; deposit in State General Fund.

NRS 463.460           Licensee to furnish information without discrimination.

NRS 463.462           Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Commission. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.464           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.466           Application for license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.480           Penalty.

LICENSING OF CORPORATIONS, LIMITED PARTNERSHIPS, LIMITED-LIABILITY COMPANIES AND OTHER SIMILAR ORGANIZATIONS

General Provisions

NRS 463.482           Definitions.

NRS 463.4825         “Affiliated company” defined.

NRS 463.483           “Director” defined.

NRS 463.484           “Equity security” defined.

NRS 463.4845         “General partner” defined.

NRS 463.485           “Holding company” defined.

NRS 463.4855         “Interest in a limited-liability company” defined.

NRS 463.486           “Intermediary company” defined.

NRS 463.4862         “Limited-liability company” defined.

NRS 463.4863         “Limited partner” defined.

NRS 463.4864         “Limited partnership” defined.

NRS 463.4865         “Limited partnership interest” defined.

NRS 463.4866         “Manager” defined.

NRS 463.4867         “Member” defined.

NRS 463.487           “Publicly traded corporation” defined.

NRS 463.488           “Subsidiary” defined.

 

Corporations Generally

NRS 463.489           Policy of State; waiver of requirements.

NRS 463.490           Qualifications for state gaming license for corporations other than publicly traded corporations.

NRS 463.505           Prior approval by Chair of Board required to grant option to purchase security issued by corporation other than publicly traded corporation or to dispose of existing option to acquire such security; review of denial of approval.

NRS 463.510           Prior approval by Commission required for other disposition of securities issued by corporation other than publicly traded corporation; restrictions on unsuitable persons; statement on certificate.

NRS 463.520           Registration with Board by corporations other than publicly traded corporations; required information.

NRS 463.530           Individual licensing of officers and directors of corporations other than publicly traded corporations; other persons required to be licensed individually.

NRS 463.540           Limitation on certain powers of corporations other than publicly traded corporations after licensing; approval of Commission.

NRS 463.550           Required reports and statements; income tax return.

NRS 463.560           Termination of employment of employee found unsuitable or whose license is denied or revoked; licensing of successor.

 

Limited Partnerships Generally

NRS 463.563           Policy of State; waiver of requirements.

NRS 463.564           Qualifications for state gaming license.

NRS 463.566           Eligibility.

NRS 463.5665         Prior approval by Chair of Board required to grant option to purchase interest in limited partnership or to dispose of existing option to acquire such interest; review of denial of approval.

NRS 463.567           Prior approval by Commission required for other disposition of interest in limited partnership; restrictions on unsuitable persons; statement on certificate.

NRS 463.568           Registration with Board; required information.

NRS 463.569           Individual licensing and registration of partners and other persons; regulations.

NRS 463.571           Required reports and statements; income tax return.

NRS 463.572           Termination of employment of employee found unsuitable or whose license is denied or revoked; licensing of successor.

 

Limited-Liability Companies Generally

NRS 463.573           Policy of State; waiver of requirements.

NRS 463.5731         Qualifications for state gaming license.

NRS 463.5732         Eligibility for gaming license.

NRS 463.57325       Prior approval by Chair of Board required to hold option to purchase interest in limited-liability company or to dispose of existing option to acquire such interest; review of denial of approval.

NRS 463.5733         Prior approval by Commission required for other disposition of interest in limited-liability company; restrictions on unsuitable persons; statement on certificate.

NRS 463.5734         Registration with Board; required information.

NRS 463.5735         Individual licensing and registration of members, directors, managers and other persons; regulations.

NRS 463.5736         Required reports and statements; income tax returns.

NRS 463.5737         Removal or modification of employment of employee, director or manager who is found unsuitable or whose license is denied or revoked; licensing of successor.

 

Holding and Intermediary Companies

NRS 463.575           Applicability of NRS 463.575 to 463.615, inclusive; exemption for publicly traded corporation.

NRS 463.585           Requirements if corporation or other business organization is or becomes subsidiary; investigations; restrictions on unsuitable persons; statement on certificate, securities; other requirements.

NRS 463.595           Individual licensing of officers, employees and other persons; removal from position if found unsuitable or if license is denied or revoked; suspension of suitability by Commission.

NRS 463.605           Information required if corporation or other business organization is or becomes subsidiary.

NRS 463.615           Penalties for noncompliance with laws and regulations.

 

Corporate Acquisitions, Repurchases of Securities and Recapitalization

NRS 463.621           Legislative declaration.

NRS 463.622           Policy of State.

NRS 463.623           Regulations concerning certain corporate acquisitions, repurchases of securities and corporate defense tactics.

 

Publicly Traded Corporations

NRS 463.625           Exemptions from certain requirements; compliance with NRS 463.635 to 463.645, inclusive.

NRS 463.627           Registration of corporation of another country: Application; investigation; expenses of investigation.

NRS 463.633           Registration of corporation of another country: Matters considered by Board; rejection without hearing.

NRS 463.635           Publicly traded corporation owning or controlling applicant or licensee: Duties; power of Board and Commission to investigate; procedure for Board to deregister corporation that ceases to engage in gaming activities.

NRS 463.637           Individual licensing of directors, officers and employees; removal from position if found unsuitable or if license is denied or revoked; suspension of suitability by Commission.

NRS 463.639           Required reports and statements; income tax return; documents filed with Commission.

NRS 463.641           Penalties for noncompliance with laws and regulations.

NRS 463.643           Suitability of persons acquiring beneficial ownership of any voting security or beneficial or record ownership of any nonvoting security or debt security in publicly traded corporation; report of acquisition; application; penalty.

 

Miscellaneous Provisions

NRS 463.645           Remuneration, contracts and employment prohibited for certain unsuitable or unlicensed persons.

LICENSING AND REGULATION OF CERTAIN MANUFACTURERS, SELLERS AND DISTRIBUTORS

NRS 463.650           License required for manufacture, selling or distribution of gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada; exceptions; applicability of NRS 463.482 to 463.645, inclusive; certain persons conducting business in Nevada to submit copy of registration with Attorney General of the United States to the Board; unlawful to distribute certain items to jurisdictions where such items are illegal.

NRS 463.6505         Renewal of license: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

NRS 463.651           Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Commission. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.652           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.653           Application for license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 463.655           Effect of determination that manufacturer or distributor is unsuitable to hold license.

NRS 463.660           Amount and disposition of fees for licenses.

NRS 463.665           Finding of suitability for manufacturer or distributor of associated equipment.

NRS 463.670           Inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems; fees; regulations; Commission may require filing of application for finding of suitability.

HOSTING CENTERS

NRS 463.673           Legislative findings; regulations.

SERVICE PROVIDERS

NRS 463.677           Legislative findings; regulations.

FOREIGN GAMING

NRS 463.680           Definitions.

NRS 463.700           Application for approval; investigations; revolving fund for expenses of investigation.

NRS 463.710           Documents, reports and other information required to be filed with Board.

NRS 463.715           Finding of suitability of certain activities or associations of licensee.

NRS 463.720           Prohibited practices.

MOBILE GAMING

NRS 463.730           License required to operate, manufacture, sell or distribute mobile gaming system or to manufacture equipment associated with mobile gaming; powers and duties of Commission; regulations; conditions.

NRS 463.735           Enforceability of mobile gaming debts.

INTERACTIVE GAMING

NRS 463.745           Legislative findings and declarations.

NRS 463.747           Governor may enter into agreements with certain governments for purposes of interactive gaming; regulations.

NRS 463.750           License required for person to operate interactive gaming, to manufacture interactive gaming systems or associated equipment or to act as service provider; powers and duties of Commission; regulations; conditions; limitations; penalty.

NRS 463.755           Commission may require license for manufacturer and others selling, transferring or offering equipment associated with interactive gaming.

NRS 463.760           Initial license fee for manufacturers; renewal fee.

NRS 463.765           Initial license fee to operate interactive gaming; renewal fee; regulations relating to increasing and decreasing fees.

NRS 463.767           Commission may adopt seal to identify certain gaming licenses; unauthorized use of seal; penalties.

NRS 463.770           Monthly license fee based on gross revenue from operating interactive gaming; liability of manufacturer entitled to share revenue from interactive gaming system.

NRS 463.775           Exemptions from certain fees and taxes.

NRS 463.780           Enforceability of interactive gaming debts.

NRS 463.785           Commission may authorize promotional schemes; regulations.

EMERGENCY RESPONSE PLANS

NRS 463.790           Resort hotel required to maintain plan; contents; confidentiality.

_________

 

GENERAL PROVISIONS

      NRS 463.010  Short title.  This chapter may be known and cited as the Nevada Gaming Control Act.

      [1:429:1955]—(NRS A 1959, 427)

      NRS 463.0129  Public policy of state concerning gaming; license or approval revocable privilege.

      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)

      NRS 463.013  Definitions.  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; 2009, 274; 2011, 205; 2013, 4)

      NRS 463.0133  “Affiliate” defined.  “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)

      NRS 463.0134  “Applicant” defined.  “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)

      NRS 463.0135  “Application” defined.  “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)

      NRS 463.0136  “Associated equipment” defined.  “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)

      NRS 463.01365  “Banking game” defined.  “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)

      NRS 463.0137  “Board” defined.  “Board” means the State Gaming Control Board as established by this chapter.

      (Added to NRS by 1967, 1038)

      NRS 463.0139  “Capital lease” defined.  “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)

      NRS 463.01395  “Cash access and wagering instrument service provider” defined.  “Cash access and wagering instrument service provider” means a provider of services or devices for use by patrons of licensed gaming establishments to obtain cash or wagering instruments through a variety of automated methods, including, without limitation:

      1.  Wagering instrument issuance and redemption kiosks; or

      2.  Money transfers through mobile or Internet services.

      (Added to NRS by 2011, 202)

      NRS 463.014  “Cashless wagering system” defined.  “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 or wagering credits are determined, monitored and retained on a computer that maintains a record of each transaction involving the wagering instrument or wagering credits and is operated and maintained by a licensee.

      (Added to NRS by 1993, 829; A 1995, 1496; 1997, 3497; 2013, 2105, 3308)

      NRS 463.0141  “Chair” defined.  “Chair” means the Chair and Executive Director of the State Gaming Control Board or the Chair of the Nevada Gaming Commission.

      (Added to NRS by 1967, 1039; A 1971, 765)

      NRS 463.0142  “Charitable lottery” defined.  “Charitable lottery” has the meaning ascribed to it in NRS 462.064.

      (Added to NRS by 1991, 2263)

      NRS 463.0143  “City” defined.  “City” includes an unincorporated town.

      (Added to NRS by 1967, 1039; A 1983, 140)

      NRS 463.0145  “Commission” defined.  “Commission” means the Nevada Gaming Commission.

      (Added to NRS by 1967, 1039)

      NRS 463.0146  “Commissioner” defined.  “Commissioner” means a member of the Nevada Gaming Commission.

      (Added to NRS by 1967, 1039)

      NRS 463.01463  “Contest” defined.  “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)

      NRS 463.01464  “Covered asset” defined.  “Covered asset” means any tangible or intangible asset specifically designed for use in, and used in connection with, the operation of an interactive gaming facility that, after December 31, 2006, knowingly and intentionally operated interactive gaming that involved patrons located in the United States, unless and to the extent such activity was licensed at all times by a state or the Federal Government, including, without limitation:

      1.  Any trademark, trade name, service mark or similar intellectual property under which an interactive gaming facility was identified to the patrons of the interactive gaming facility;

      2.  Any information regarding persons via a database, customer list or any derivative of a database or customer list; and

      3.  Any software or hardware relating to the management, administration, development, testing or control of an interactive gaming facility.

      (Added to NRS by 2013, 3)

      NRS 463.014645  “Covered person” defined.

      1.  “Covered person” means any person who:

      (a) Has at any time owned, in whole or in significant part, an interactive gaming facility or an entity operating an interactive gaming facility that after December 31, 2006, knowingly and intentionally operated interactive gaming that involved patrons located in the United States, unless and to the extent such activity was licensed at all times by a state or the Federal Government;

      (b) After December 31, 2006, acted, or proposed to act, on behalf of a person described in paragraph (a) and knowingly and intentionally provided, or proposed to provide, to such person any services as an interactive gaming service provider, with knowledge that the interactive gaming facility’s operation of interactive gaming involved patrons located in the United States; or

      (c) Purchased or acquired, directly or indirectly:

             (1) In whole or in significant part, a person described in paragraph (a) or (b); or

             (2) Any covered assets, in whole or in part, of such person.

      2.  As used in this section:

      (a) “Interactive gaming service provider” has the meaning ascribed to it in NRS 463.677.

      (b) “Significant part” means with respect to ownership, purchase or acquisition of an entity, interactive gaming facility or person, holding 5 percent or more of the entity, interactive gaming facility or person, or any amount of ownership that provides control over the entity, interactive gaming facility or person.

      (Added to NRS by 2013, 3)

      NRS 463.01465  “Credit card” defined.  “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)

      NRS 463.01467  “Credit instrument” defined.  “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)

      NRS 463.01469  “Debit instrument” defined.  “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)

      NRS 463.0147  “Disseminator” defined.  “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)

      NRS 463.01473  “Electronic transfer of money” defined.  “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)

      NRS 463.0148  “Establishment” defined.  “Establishment” means any premises wherein or whereon any gaming is done.

      (Added to NRS by 1967, 1039)

      NRS 463.015  “Executive Director” defined.  “Executive Director” means the Chair and Executive Director of the State Gaming Control Board.

      (Added to NRS by 1971, 764)

      NRS 463.0152  “Game” and “gambling game” defined.  “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)

      NRS 463.0153  “Gaming” and “gambling” defined.  “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)

      NRS 463.0155  “Gaming device” defined.  “Gaming device” means any object used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss and which does not otherwise constitute associated equipment. The term includes, without limitation:

      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) An assembled mechanical or electromechanical display unit intended for use in gambling; or

      (d) An assembled mechanical or electromechanical unit which cannot be demonstrated to have any use other than in a slot machine.

      3.  Any object 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.  A control program.

      6.  Any combination of one of the components set forth in paragraphs (a) to (d), 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.

      7.  Any object that has been determined to be a gaming device pursuant to regulations adopted by the Commission.

Ê As used in this section, “control program” means any software, source language or executable code which affects the result of a wager by determining win or loss as determined pursuant to regulations adopted by the Commission.

      (Added to NRS by 1967, 1039; A 1981, 1074; 1985, 2135; 1993, 307; 2009, 274; 2011, 1642)

      NRS 463.0157  “Gaming employee” defined.

      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) Boxpersons;

      (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 and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;

      (i) Employees whose duties are directly involved with the manufacture, repair, sale 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) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;

      (m) Employees who have access to the Board’s system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

      (n) Floorpersons;

      (o) Hosts or other persons empowered to extend credit or complimentary services;

      (p) Keno runners;

      (q) Keno writers;

      (r) Machine mechanics;

      (s) Odds makers and line setters;

      (t) Security personnel;

      (u) Shift or pit bosses;

      (v) Shills;

      (w) Supervisors or managers;

      (x) Ticket writers;

      (y) Employees of a person required by NRS 463.160 to be licensed to operate an information service;

      (z) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto; and

      (aa) Temporary or contract employees hired by a licensee to perform a function related to gaming.

      2.  “Gaming employee” does not include barbacks or bartenders whose duties do not involve gaming activities, cocktail servers or other persons engaged exclusively in preparing or serving food or beverages.

      3.  As used in this section, “local access” means access to hardware or software from within a licensed gaming establishment, hosting center or elsewhere within this State.

      (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; 2007, 1102; 2009, 274; 2013, 2105, 3308)

      NRS 463.0158  “Gaming enterprise district” defined.  “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)

      NRS 463.0159  “Gaming license” defined.  “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)

      NRS 463.01595  “Gaming salon” defined.  “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)

      NRS 463.0161  “Gross revenue” defined.

      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, or any contest or tournament in conjunction with interactive gaming, 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; 2013, 2106, 3309, 3318)

      NRS 463.0163  “Hearing examiner” defined.  “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)

      NRS 463.0164  “Independent agent” defined.

      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 or her services, other than cash, in an amount of not more than $1,000.

      (Added to NRS by 1991, 798; A 1993, 308)

      NRS 463.01642  “Information service” defined.  “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)

      NRS 463.016425  “Interactive gaming” defined.

      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:

      (a) Includes, without limitation, Internet poker.

      (b) 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 or other 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; A 2009, 2429; 2011, 1668)

      NRS 463.016427  “Interactive gaming facility” defined.

      1.  “Interactive gaming facility” means any Internet website, or similar communications facility in which transmissions may cross any state’s boundaries, through which any person operates interactive gaming through the use of communications technology.

      2.  As used in this section, “communications technology” has the meaning ascribed to it in NRS 463.016425.

      (Added to NRS by 2013, 3)

      NRS 463.01643  “Inter-casino linked system” defined.  “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)

      NRS 463.0165  “License” defined.  “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)

      NRS 463.0167  “License fees” defined.  “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)

      NRS 463.0169  “Licensed gaming establishment” defined.  “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)

      NRS 463.0171  “Licensee” defined.  “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)

      NRS 463.01715  “Manufacture” defined.

      1.  “Manufacture” means:

      (a) To manufacture, produce, program, design, control the design of or make modifications to a gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada;

      (b) To direct, control or assume responsibility for the methods and processes used to design, develop, program, assemble, produce, fabricate, compose and combine the components and other tangible objects of any gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada; or

      (c) To assemble, or control the assembly of, a gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada.

      2.  As used in this section:

      (a) “Assume responsibility” means to:

             (1) Acquire complete control over, or ownership of, the applicable gaming device, cashless wagering system, mobile gaming system or interactive gaming system; and

             (2) Accept continuing legal responsibility for the gaming device, cashless wagering system, mobile gaming system or interactive gaming system, including, without limitation, any form of manufacture performed by an affiliate or independent contractor.

      (b) “Independent contractor” means, with respect to a manufacturer, any person who:

             (1) Is not an employee of the manufacturer; and

             (2) Pursuant to an agreement with the manufacturer, designs, develops, programs, produces or composes a control program used in the manufacture of a gaming device. As used in this subparagraph, “control program” has the meaning ascribed to it in NRS 463.0155.

      (Added to NRS by 2009, 273; A 2011, 1643)

      NRS 463.0172  “Manufacturer” defined.  “Manufacturer” means a person who operates, carries on, conducts or maintains any form of manufacture.

      (Added to NRS by 1993, 829; A 2001, 3080; 2005, 717; 2009, 276)

      NRS 463.0173  “Manufacturer’s, seller’s or distributor’s license” defined.  “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)

      NRS 463.0175  “Member,” “Board member” and “Commission member” defined.  “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)

      NRS 463.0176  “Mobile gaming” defined.  “Mobile gaming” means the conduct of gambling games through communications devices operated solely in 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, “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.

      (Added to NRS by 2005, 715; A 2011, 1644)

      NRS 463.0177  “Nonrestricted license” and “nonrestricted operation” defined.  “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)

      NRS 463.0178  “Operate interactive gaming” defined.  “Operate interactive gaming” means to operate, carry on, conduct, maintain or expose for play interactive gaming.

      (Added to NRS by 2013, 4)

      NRS 463.0179  “Operation” defined.  “Operation” means the conduct of gaming.

      (Added to NRS by 1967, 1039)

      NRS 463.018  “Operator of a slot machine route” defined.  “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)

      NRS 463.01805  “Operator of an inter-casino linked system” defined.  “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)

      NRS 463.0181  “Party” defined.  “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)

      NRS 463.0182  “Periodic payments” defined.  “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)

      NRS 463.0185  “Quarter” and “calendar quarter” defined.  “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)

      NRS 463.01855  “Race book” defined.  “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)

      NRS 463.01858  “Registered as a gaming employee” defined.  “Registered as a gaming employee” means authorized to be employed as a gaming employee in this State.

      (Added to NRS by 2003, 20th Special Session, 2; A 2007, 1103)

      NRS 463.0186  “Regulation” defined.  “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)

      NRS 463.01862  “Representative of value” defined.  “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)

      NRS 463.01865  “Resort hotel” defined.  “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.  In a county whose population:

      (a) Is 700,000 or more, more than 200 rooms available for sleeping accommodations; or

      (b) Is 100,000 or more and less than 700,000, more than 300 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; A 2013, 3461)

      NRS 463.0187  “Respondent” defined.  “Respondent” means any licensee or other person against whom the Board has filed a complaint with the Commission.

      (Added to NRS by 1967, 1040)

      NRS 463.0189  “Restricted license” and “restricted operation” defined.  “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, race book or sports pool 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; 2013, 2153, 3318)

      NRS 463.0191  “Slot machine” defined.  “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)

      NRS 463.0193  “Sports pool” defined.  “Sports pool” means the business of accepting wagers on sporting events or other events by any system or method of wagering.

      (Added to NRS by 1975, 673; A 1997, 3500; 2009, 2429)

      NRS 463.01955  “Temporarily registered as a gaming employee” defined.  “Temporarily registered as a gaming employee” means authorized to be employed as a gaming employee in this State 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; A 2007, 1103)

      NRS 463.0196  “Tournament” defined.  “Tournament” means a series of contests.

      (Added to NRS by 1991, 925)

      NRS 463.01962  “Wager” defined.  “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)

      NRS 463.01963  “Wagering credit” defined.  “Wagering credit” means a representative of value, other than a chip, token or wagering instrument, that is used for wagering at a game, gaming device, race book or sports pool 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; A 2013, 2107, 3310)

      NRS 463.01967  “Wagering instrument” defined.  “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)

      NRS 463.0199  Attorney General is legal adviser for Board and Commission.  The Attorney General and his or her 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)

GAMING POLICY COMMITTEE

      NRS 463.021  Creation; composition; terms; meetings; recommendations advisory and not binding; Review Panel of Committee to consider certain appeals; advisory committee on gaming education; appointment of members, terms and duties.

      1.  The Gaming Policy Committee, consisting of the Governor as Chair and 11 members, is hereby created.

      2.  The Committee must be composed of:

      (a) One member of the Commission, designated by the Chair of the Commission;

      (b) One member of the Board, designated by the Chair 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) Six 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;

             (3) One representative of restricted gaming licensees; and

             (4) One representative of academia who possesses knowledge of matters related to gaming.

      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.

      7.  The Governor, as Chair of the Committee, may appoint an advisory committee on gaming education. An advisory committee appointed pursuant to this subsection must:

      (a) Contain not more than five members who serve at the pleasure of the Governor; and

      (b) Be chaired by the person selected as chair by the Governor.

      8.  An advisory committee created pursuant to subsection 7 shall:

      (a) Review and evaluate all gaming-related educational entities in this State, including, without limitation, the Culinary Academy of Las Vegas, the Institute for the Study of Gambling and Commercial Gaming of the University of Nevada, Reno, and the UNLV International Gaming Institute of the William F. Harrah College of Hotel Administration of the University of Nevada, Las Vegas, to determine how to align such entities with the needs of the gaming industry;

      (b) Study and analyze the workforce and technology needs of the gaming industry to determine how the gaming-related educational entities may satisfy those needs;

      (c) Study the potential for leveraging gaming-related competencies and technologies developed by gaming-related educational entities into other industries; and

      (d) Report any findings and recommendations to the Committee.

      (Added to NRS by 1961, 360; A 1971, 765; 1977, 1421; 1993, 1164; 1997, 1710; 2013, 3461)

NEVADA GAMING COMMISSION

      NRS 463.022  Creation; number of members.  The Nevada Gaming Commission, consisting of five members, is hereby created.

      (Added to NRS by 1959, 429)

      NRS 463.023  Members: Qualifications and eligibility.

      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)

      NRS 463.024  Members: Appointment; Chair; terms; removal.

      1.  The Governor shall appoint members of the Commission and designate the member to serve as Chair 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 the opinion of the Governor, 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)

      NRS 463.025  Members: Discharge of duties; certain political activities prohibited; oaths.

      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 office, each member shall subscribe to the constitutional oath of office and, in addition, swear that the member is not actively engaged in and does not hold a direct pecuniary interest in gaming activities.

      (Added to NRS by 1959, 430)

      NRS 463.026  Members: Salaries.  The Chair 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)

      NRS 463.027  Board to furnish administrative and clerical services and equipment to Commission; administrative costs.

      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)

      NRS 463.028  Offices.

      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 Section of the State Public Works 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 Section of the State Public Works Division of the Department of Administration.

      (Added to NRS by 1959, 430; A 1961, 662; 1963, 1070; 1973, 1475; 1993, 1636; 2011, 2984)

      NRS 463.029  Meetings; quorum.

      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

      NRS 463.030  Creation; number of members.  The State Gaming Control Board, consisting of three members, is hereby created.

      [3:429:1955]

      NRS 463.040  Members: Qualifications and eligibility.

      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 Chair 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 or her training and experience in the fields of investigation, law enforcement, law or gaming.

      [4:429:1955]—(NRS A 1959, 431; 1971, 766; 1981, 677)

      NRS 463.050  Members: Appointment; terms; Chair and Executive Director; removal.

      1.  The term of office of each member of the Board is 4 years, commencing on the last Monday in January.

      2.  The Governor shall appoint the members of the Board and designate one member to serve as Chair 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 the member; 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 the member. 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; 2007, 73)

      NRS 463.060  Members: Other employment and certain political activities and financial interests prohibited; oaths.

      1.  Except as otherwise provided in NRS 284.143, each member shall devote his or her 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 office, each member shall subscribe to the constitutional oath of office and, in addition, swear that the member 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)

      NRS 463.070  Members: Compensation.  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)

      NRS 463.080  Organization; administrative expenses; employees; plan concerning employees.

      1.  The Board 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 shall establish, and modify as necessary, 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 plan 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; 2011, 205)

      NRS 463.085  Executive Secretary: Appointment; removal; duties; other employment prohibited; salary.

      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 or her entire time and attention to the business of the office of Executive Secretary 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)

      NRS 463.095  Employment of consultants.  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)

      NRS 463.100  Offices.

      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 Section of the State Public Works 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 as the Chair of the Board deems necessary for the efficient operation of the Board in space provided by the Buildings and Grounds Section. Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.

      [10:429:1955]—(NRS A 1959, 432; 1961, 662; 1963, 1070; 1973, 1475; 1993, 1636; 2009, 276; 2011, 2553, 2984)

      NRS 463.110  Meetings; quorum; investigative hearings.

      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

      NRS 463.120  Records of Board and Commission; confidential treatment of certain information; report to Legislature by Board; access by Board and Commission to certain records of Nevada Tax 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 section, all information and data:

      (a) Required by the Board or Commission to be furnished to it under chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;

      (b) Pertaining to an applicant’s or natural person’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 pursuant to an audit, investigation, determination or hearing,

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.  Notwithstanding any other provision of state law, any and all information and data 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 chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto, are confidential and absolutely privileged and may be revealed in whole or in part only in the course of the necessary administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission. 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.

      6.  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.

      7.  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.

      8.  The files, records and reports of the Board are open at all times to inspection by the Commission and its authorized agents.

      9.  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.

      10.  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 the debtor, 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; 2009, 276)

      NRS 463.125  Commission may require certain nonrestricted licensees to report and maintain records of transactions involving cash; absolute immunity from civil liability for certain disclosures about transactions involving cash; absolute privilege of certain documents.

      1.  The Commission may 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; 2009, 277)

      NRS 463.140  General powers and duties of Board and Commission.

      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 or her premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his or her 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 or her gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, the former licensee 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)

      NRS 463.1405  Investigation of qualifications of applicants and observation of conduct of licensees and other persons by Board; absolute powers of Board and Commission.

      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)

      NRS 463.141  Initiation of proceedings and actions to enforce chapters.  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)

      NRS 463.142  Civil action by Board to collect fees, interest, penalty or tax; attachment; records as evidence.

      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)

      NRS 463.143  Exercise of other necessary powers by Commission.  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)

      NRS 463.144  Commission and Board may refuse to reveal certain matters in court or administrative proceedings.  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)

      NRS463.1445  Board, Commission and their agents deemed essential employees during budgetary or fiscal crisis necessitating closure of nonessential agencies.  Notwithstanding any other provision of law, in the event of a budgetary or other fiscal crisis which necessitates a temporary closure of the nonessential state agencies of the State of Nevada, the Board, the Commission and their agents shall be deemed to be essential employees and shall continue to perform their duties.

      (Added to NRS by 2007, 109)

REGULATIONS OF COMMISSION

      NRS 463.145  Adoption, amendment and repeal: Procedure.

      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 a meeting of the Commission at which the adoption, amendment or repeal of a regulation is considered, notice of the proposed action must be:

             (1) Posted on the Commission’s Internet website;

             (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 or her 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; 2011, 206)

      NRS 463.150  Required provisions.

      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 or her application by the Board.

      (b) Prescribing the information to be furnished by any applicant or licensee concerning his or her 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 the licensee’s 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 the licensee’s 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)

      NRS 463.151  Regulations requiring exclusion or ejection of certain persons from licensed establishments: Persons included.

      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)

      NRS 463.152  Regulations requiring exclusion or ejection of certain persons from licensed establishments: Notice to person whose name is placed on list.  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)

      NRS 463.153  Regulations requiring exclusion or ejection of certain persons from licensed establishments: Hearing; disposition; judicial review.

      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 the person should have his or her 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 the person’s 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)

      NRS 463.154  Regulations requiring exclusion or ejection of certain persons from licensed establishments: Penalties for failure to exclude or eject.  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)

      NRS 463.155  Regulations requiring exclusion or ejection of certain persons from licensed establishments: Unlawful entry by person whose name has been placed on list; penalty.  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 the person 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 the person 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)

      NRS 463.156  Regulations concerning financial practices of licensees: Adoption.  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)

      NRS 463.157  Regulations concerning financial practices of licensees: Minimum procedures for control of internal fiscal affairs of nonrestricted licensees; internal audits.  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)

      NRS 463.158  Regulations concerning financial practices of licensees: Periodic financial reports from nonrestricted licensees.  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)

      NRS 463.159  Regulations concerning financial practices of licensees: Audits, compilations and reviews of financial statements of nonrestricted licensees; independent accountants.

      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 Board 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; 2013, 2107, 3310)

      NRS 463.1592  Regulations concerning financial practices of licensees: Organization of audit function of State Gaming Control Board; economic research and planning function.  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)

      NRS 463.1593  Regulations concerning financial practices of licensees: Duties of Legislative Auditor.  The Legislative Auditor shall in performing his or her 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)

      NRS 463.1595  Regulations concerning financial practices of licensees: Computation and reporting of winnings, compensation and gross revenue; submission of fees, interest, penalties and taxes.

      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)

      NRS 463.1596  Regulations concerning recovery of gaming debts by patrons.  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)

      NRS 463.1597  Regulations concerning licensing of corporations and limited partnerships.  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)

      NRS 463.1598  Regulations governing sale or offering for sale of securities.

      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)

      NRS 463.1599  Regulations governing operation of slot machine routes.  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)

      NRS 463.15993  Regulations governing approval and operation of inter-casino linked systems.

      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)

      NRS 463.15995  Regulations governing charging of fee for admission to area in which gaming is conducted.

      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 Chair 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 Chair of the Board.

      (b) The Chair of the Board may, in the Chair’s 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 Chair 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 Chair 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

      NRS 463.160  Licenses required; unlawful to permit certain gaming activities to be conducted without license; exceptions; separate license required for each location where operation of race book or sports pool conducted.

      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;

      (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;

      (e) To operate as a cash access and wagering instrument service provider; or

      (f) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system,

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 the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that person’s 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.  For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:

      (a) Allowing patrons to establish an account for wagering with the race book or sports pool;

      (b) Accepting wagers from patrons;

      (c) Allowing patrons to place wagers;

      (d) Paying winning wagers to patrons; or

      (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,

Ê whether by a transaction in person at an establishment or through mechanical means, such as a kiosk or similar device, regardless of whether that device would otherwise be considered associated equipment. A separate license must be obtained for each location at which such an operation is conducted.

      6.  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; 2011, 207, 1669; 2013, 2153, 3318)

      NRS 463.1605  Limitation on approval of nonrestricted license in county whose population is 100,000 or more; additional local regulation of resort hotels permissible.

      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 chapter 279 of NRS 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 chapter 279 of NRS 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)

      NRS 463.161  License to operate 15 or fewer slot machines: Conditions. [Effective through December 31, 2013.]  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)

      NRS 463.161  License to operate 15 or fewer slot machines: Conditions. [Effective January 1, 2014.]

      1.  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.

      2.  In a county whose population is 100,000 or more, a license to operate 15 or fewer slot machines at an establishment which is licensed to sell alcoholic beverages at retail by the drink to the general public may only be granted if the establishment meets the requirements of this subsection. The establishment must:

      (a) Occupy an area comprised of at least 2,500 square feet which is open and available for use by patrons.

      (b) Contain a permanent physical bar.

      (c) Contain a restaurant which:

             (1) Serves food ordered by patrons from tables or booths.

             (2) Includes a dining area with seating for at least 25 persons in a room separate from the on-premise kitchen. For the purposes of determining the number of seats pursuant to this subparagraph, the stools at the bar or the seats outside the dining area must not be counted.

             (3) Includes a kitchen which is operated not less than 12 hours each day the establishment is open for business to the public, or the entire time the establishment is open for business to the public if it is open for business 12 hours or less each day.

      3.  As used in this section:

      (a) “Bar” means a physical structure with a flat horizontal counter, on one side of which alcoholic beverages are kept and maintained, where seats may be placed on the side opposite from where the alcohol is kept, and where the sale and service of alcoholic beverages are by the drink across such structure.

      (b) “Restaurant” means a public place where hot meals are prepared and served on the premises.

      (Added to NRS by 1985, 2262; A 2013, 2154, 3318, effective January 1, 2014)

      NRS 463.162  State gaming license required where equipment, services or property delivered or furnished for gaming interest or revenue; exemptions.

      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 the person 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.

      (d) Operates a call center within this State as an agent of a licensed race book or sports pool in this State in accordance with the regulations adopted by the Commission.

      (e) Has invented, has developed or owns the intellectual property rights to a game for which approval by the Commission is being sought or has been received in accordance with the regulations adopted by the Commission.

      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; 2009, 278)

      NRS 463.1625  Preliminary finding of suitability; regulations.

      1.  The Commission may, with the advice and assistance of the Board, adopt regulations governing the issuance of a preliminary finding of suitability to a person.

      2.  The regulations adopted by the Commission pursuant to this section must:

      (a) Provide that a person must demonstrate to the satisfaction of the Commission that the person has the suitability to become involved as a licensee but has not otherwise entered into a position or transaction which would require licensing pursuant to this chapter.

      (b) Provide that a preliminary finding of suitability expires not more than 2 years after issuance by the Commission but may be renewed for additional periods of not more than 2 years as the Commission deems appropriate.

      (c) Set forth standards for a person to be issued a preliminary finding of suitability that are as stringent as the standards for a person to be issued a nonrestricted license.

      (d) Establish the fees for a person to apply for, to be investigated for and to hold a preliminary finding of suitability.

      (e) Provide that no person may be issued a preliminary finding of suitability unless the person agrees that, for the duration of the period in which the person holds the preliminary finding of suitability, the person will not seek or in any way engage in a corporate acquisition opposed by management.

      (f) Define “preliminary finding of suitability” as the term is used in this section.

      3.  As used in this section:

      (a) “Acquire control” or “acquiring control” means any act or conduct by a person whereby the person obtains control, whether accomplished through the ownership of equity or voting securities, ownership of rights to acquire equity or voting securities, by management or consulting agreements or other contract, by proxy or power of attorney, by statutory mergers, by consummation of a tender offer, by acquisition of assets, or otherwise.

      (b) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person.

      (c) “Corporate acquisition opposed by management” means an attempt to acquire control of a publicly traded corporation that is an affiliated company by means of a tender offer that is opposed by the board of directors of the affiliated company.

      (d) “Tender offer” means a public offer by a person other than the issuer to purchase voting securities of a publicly traded corporation that is an affiliated company, made directly to security holders for the purpose of acquiring control of the affiliated company.

      (e) “Voting security” means a security the holder of which is entitled to vote for the election of a member or members of the board of directors or board of trustees of a corporation or a comparable person or persons in the case of a partnership, trust, or other form of business organization other than a corporation.

      (Added to NRS by 2011, 714)

      NRS 463.163  Operation of gaming device in restricted area of public transportation facility: Prior approval of Board required.

      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)

      NRS 463.165  Licensing of certain persons having significant influence over gaming operation of licensee; remuneration, contracts and employment prohibited for certain unsuitable or unlicensed persons; termination of contracts or agreements for services or employment.

      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 the person 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 or her license revoked by the Commission,

Ê the licensee by whom the employee is employed shall terminate his or her employment in any capacity in which the employee is required to be licensed and shall not permit the employee 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 the person 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, 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 the person is required to be licensed, if the person has been found unsuitable or denied a license, or if the person’s license has been revoked by the Commission, 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.

      (Added to NRS by 1977, 1425; A 1979, 474, 1525; 1981, 1064; 1993, 1998; 1999, 3172; 2007, 1103)

      NRS 463.166  Contracts or agreements with certain unsuitable or unlicensed persons prohibited; termination of contract or agreement.

      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)

      NRS 463.1665  Licensing, registration, suitability or approval of applicants who are governmental entities or owned or controlled by governmental entities.

      1.  An applicant which is a governmental entity or which is owned or controlled by a governmental entity must file such applications for licenses, registrations, findings of suitability or any other approvals as the Commission may prescribe.

      2.  As used in this section, “governmental entity” means a government or any political subdivision of a government.

      (Added to NRS by 2009, 2429)

      NRS 463.167  Suitability or licensing of certain persons furnishing services or property or doing business with gaming licensee; termination of association.

      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.

      (Added to NRS by 1981, 1070; A 1991, 800; 1999, 3174; 2007, 1105)

      NRS 463.168  Suitability of certain persons providing transmission services in association with licensee; termination of association.

      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)

      NRS 463.169  Registration or licensing of person conducting certain tournaments or contests in association with gaming licensee; termination of association.

      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 the person has registered with the Board in the manner prescribed by the Board and supplied such information as the Commission requires or unless the person 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 the person 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 the person must be licensed, and the Commission finds the person unsuitable for that reason; or

      (b) Is denied a license,

Ê the gaming licensee with whom the person 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)

      NRS 463.170  Qualifications for license, finding of suitability or approval; regulations.

      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 an applicant’s 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.

      8.  Any person granted a license or found suitable by the Commission shall continue to meet the applicable standards and qualifications set forth in this section and any other qualifications established by the Commission by regulation. The failure to continue to meet such standards and qualifications constitutes grounds for disciplinary action.

      [17:429:1955]—(NRS A 1959, 438; 1967, 1585; 1977, 1431; 1979, 1526; 1991, 2264; 1993, 185, 1999; 1995, 202; 1997, 3501; 1999, 952; 2009, 279)

      NRS 463.172  Power of Chair to approve transfer of interest in license, registration, finding of suitability or approval to or from inter vivos trust; approval of Chair required before amendment to inter vivos trust effective.

      1.  The Chair of the Board, in the Chair’s sole and absolute discretion, may:

      (a) Provide written approval for a person to transfer an interest for which the person 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 Chair 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)

      NRS 463.173  Restrictions on person denied license or found unsuitable.

      1.  A person who has had his or her application for a license denied or who has been found unsuitable by the Commission:

      (a) Is not entitled to profit from his or her 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 or her 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 or her interest in a corporation, partnership, limited partnership, limited-liability company or joint venture than the person 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)

      NRS463.174  Board to maintain list of unsuitable and unlicensed persons; removal of name from list.

      1.  The Board shall maintain and make available to every licensee a complete and current list containing the names of every person who has been denied a license, been found unsuitable or had a license or finding of suitability revoked by the Commission.

      2.  Any person whose name has been placed on the list maintained by the Board pursuant to subsection 1 may apply, on a form prescribed by the Board, for removal of his or her name from the list no earlier than 5 years after the date on which the person was denied a license, was found unsuitable or had a license or finding of suitability revoked by the Commission.

      (Added to NRS by 2007, 1102)

      NRS 463.175  Exemption of bank acting as fiduciary from certain requirements; limitation.

      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)

      NRS 463.177  Exemption of governing body leasing portion of facility for public transportation for operation of slot machines.

      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)

      NRS 463.180  Qualifications for county license.

      1.  A person is not qualified to hold any county license unless the person is the holder of a valid state license and unless the person 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 the person is not a citizen of the United States.

      [18:429:1955]—(NRS A 1979, 1170)

      NRS 463.190  Qualifications for municipal license.

      1.  A person is not permitted to engage in gaming operations in any city or town in this state, unless the person 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 the person is not a citizen of the United States.

      [19:429:1955]—(NRS A 1979, 1171; 1983, 140)

      NRS 463.200  Application for state license: Contents; supplemental forms.

      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 the 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)

      NRS 463.210  Investigation of applicant; order of Board recommending approval or denial of license.

      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)

      NRS 463.220  Action by Commission on application; further investigation; hearing.

      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)

      NRS 463.225  Issuance of state licenses; bonds and deposits; account for bonds of state gaming licensees.

      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 the applicant to engage in the gaming, manufacturing, selling, distributing or pari-mutuel wagering operation for which the applicant 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 the licensee’s 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)

      NRS 463.230  Issuance of county license.

      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)

      NRS 463.240  State license prerequisite to county or municipal license; confidentiality of certain information provided to county or municipality.

      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)

      NRS 463.242  Preparation by Board of basic form of application and supporting documents for licensing by county and city.

      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 the applicant’s 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)

      NRS 463.245  Single establishment not to contain more than one licensed operation; exceptions; certain agreements for sharing of revenue prohibited.

      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 for an operation described in subsection 1, 2 or 5 of NRS 463.0177 may establish a sports pool or race book on the premises of the establishment 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 a second establishment described in subsection 1 or 2 of NRS 463.0177 only if the second establishment is operated by a person who has been issued a nonrestricted license for that establishment. A person who has been issued a license to operate a race book or sports pool at an establishment is prohibited from operating a race book or sports pool at:

      (a) An establishment for which a restricted license has been granted; or

      (b) An establishment at which only a nonrestricted license has been granted for an operation described in subsection 3 or 4 of NRS 463.0177.

      4.  A person who has been issued a license to operate a race book or sports pool shall not enter into an agreement for the sharing of revenue from the operation of the race book or sports pool with another person in consideration for the offering, placing or maintaining of a kiosk or other similar device not physically located on the licensed premises of the race book or sports pool, except:

      (a) An affiliated licensed race book or sports pool; or

      (b) The licensee of an establishment at which the race book or sports pool holds or obtains a license to operate pursuant to this section.

Ê This subsection does not prohibit an operator of a race book or sports pool from entering into an agreement with another person for the provision of shared services relating to advertising or marketing.

      5.  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.

      6.  For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:

      (a) Allowing patrons to establish an account for wagering with the race book or sports pool;

      (b) Accepting wagers from patrons;

      (c) Allowing patrons to place wagers;

      (d) Paying winning wagers to patrons; or

      (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,

Ê whether by a transaction in person at an establishment or through mechanical means such as a kiosk or other similar device, regardless of whether that device would otherwise be considered associated equipment.

      7.  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; 2013, 2155, 3318)

      NRS 463.250  Taxing powers preserved.  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 the sheriff a valid and subsisting license obtained from such county or incorporated city, located within the 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)

      NRS 463.260  Posting and inspection of licenses.

      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)

      NRS 463.270  Renewal of state license; voluntary surrender of state license; penalties.

      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 the person’s 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 or her license as provided in this section, the Commission may order the immediate closure of all his or her 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)

      NRS 463.280  Renewal of county license.  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)

      NRS 463.290  Report furnished by licensee.  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)

      NRS 463.300  Unlawful transfer of ownership.  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)

      NRS 463.302  Moving location of establishment and transferring restricted or nonrestricted license: Exclusive authority of Board to approve; conditions for approval; exception.

      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 700,000, 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; 2011, 1280)

      NRS 463.305  Approval of gaming device, mobile gaming system or inter-casino linked system required; list of approved gaming devices, mobile gaming systems and inter-casino linked systems; removal of gaming device or mobile gaming system following suspension or revocation of approval; regulations.

      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)

      NRS 463.306  Availability of inter-casino linked system to certain nonrestricted licensees.

      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)

      NRS 463.307  Permissible wagering instrumentalities.  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

      NRS 463.3072  Legislative findings and declarations.

      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)

      NRS 463.3074  Applicability of NRS 463.3072 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 700,000 or more.

      (Added to NRS by 1997, 1704; A 2011, 1281)

      NRS 463.3076  Location of proposed establishment within Las Vegas Boulevard gaming corridor.  The location of a proposed establishment shall be deemed to be within the Las Vegas Boulevard gaming corridor if:

      1.  The property line of the proposed establishment:

      (a) Is within 1,500 feet of the centerline of Las Vegas Boulevard;

      (b) Is south of the intersection of Las Vegas Boulevard and that portion of St. Louis Avenue which is designated State Highway No. 605; and

      (c) Is adjacent to or north of the northern edge line of State Highway No. 146; or

      2.  The property line of the proposed establishment is within the area beginning at the point of the southern edge line of Desert Inn Road that is 1,500 feet east of the centerline of Las Vegas Boulevard, then proceeding east to the western edge line of Paradise Road, then proceeding south to the northern edge line of Sands Avenue, then proceeding west to a point that is 1,500 feet east of the centerline of Las Vegas Boulevard.

      (Added to NRS by 1997, 1705; A 2011, 816)

      NRS 463.3078  Location of proposed establishment within rural Clark County gaming zone.  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)

      NRS 463.308  Approval of nonrestricted license for establishment located outside of gaming enterprise district prohibited; expansion of establishment located in gaming enterprise district limited; increase in number of games or slot machines at establishment located outside of gaming enterprise district prohibited after certain date.

      1.  The Commission shall not approve a nonrestricted license for an establishment in a county whose population is 700,000 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; 2011, 1281)

      NRS 463.3082  Approval of nonrestricted license for proposed establishment located within Las Vegas Boulevard gaming corridor and rural Clark County gaming zone prohibited unless location designated gaming enterprise district.  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)

      NRS 463.3084  Gaming enterprise district: Petition for designation of location if within Las Vegas Boulevard gaming corridor or rural Clark County gaming zone; petitioner’s burden of proof; hearing; limitation on subsequent petition.

      1.  In a county whose population is 700,000 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; A 2011, 1281)

      NRS 463.3086  Gaming enterprise district: Petition for designation of location if outside of Las Vegas Boulevard gaming corridor and rural Clark County gaming zone; notice of hearing; hearing; petitioner’s burden of proof; limitation on subsequent petition.

      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)

      NRS 463.3088  Gaming enterprise district: Procedure for appealing denial or grant of petition to designate location outside of Las Vegas Boulevard gaming corridor and rural Clark County gaming zone.

      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)

      NRS 463.309  Duty of local government to provide and update map showing location of gaming enterprise districts.

      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)

      NRS 463.3092  Duty of certain persons to erect and maintain sign on property to indicate intent to use, sell or lease for operation of establishment with nonrestricted license; requirements for sign.

      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)

      NRS 463.3094  Description of Las Vegas urban growth zone.  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

      NRS 463.310  Investigations and initiation of complaints by Board; proceedings before Commission; powers and duties of Commission.

      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) A license, registration, finding of suitability, preliminary 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; or

      (b) A person or entity which is licensed, registered, found suitable or found preliminarily suitable pursuant to this chapter or chapter 464 of NRS or which 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 should be fined,

Ê the Board 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 the complaint 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, preliminary 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 the investment of the licensee in the licensed gaming establishment; and

      (d) Fine each person or entity, or both, which is licensed, registered, found suitable or found preliminarily suitable pursuant to this chapter or chapter 464 of NRS or which 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 and not 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), 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, preliminary 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; 2011, 715; 2013, 3804)

      NRS 463.311  Emergency order of Commission.  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 the investment of the licensee 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 registered 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 registered 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; A 2007, 2719)

      NRS 463.312  Contents and service of complaint; answer; effect of failure to answer or appear; notice of hearing.

      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 the address of the respondent that is 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 the answer the respondent:

      (a) Must state in short and plain terms the defenses to each claim asserted.

      (b) Must admit or deny the facts alleged in the complaint.

      (c) Must state which allegations the respondent 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 or her 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)

      NRS 463.3125  Hearing: Subpoena; payment of fees, subsistence and transportation for witness; deposition.

      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)

      NRS 463.313  Hearings: Procedure; use of affidavit.

      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 the witness to testify; and

             (5) Offer rebuttal evidence.

      (c) If the respondent does not testify in his or her own behalf, the respondent 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 the party 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, the opposing party’s 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 (here insert name of affiant) unless you notify the undersigned that you wish to cross-examine (here insert name of affiant). 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)

      NRS 463.3133  Hearings other than investigative hearings: Procedure.  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)

      NRS 463.3136  Amended or supplemental pleadings.  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)

      NRS 463.314  Contempt.  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 the person 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 or herself 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)

      NRS 463.3145  Written decision and order of Commission; rehearing.

      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 or her 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)

      NRS 463.315  Judicial review: Petition; intervention; stay of enforcement; priority if supervisor appointed.

      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, her 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)

      NRS 463.316  Judicial review: Record on review.

      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)

      NRS 463.317  Judicial review: Additional evidence taken by Commission; review confined to record; court may affirm, remand or reverse.

      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 or her 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)

      NRS 463.318  Judicial review: Appeal to Supreme Court; exclusive method of review for disciplinary hearings; certain actions not subject to judicial review. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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)

      NRS 463.318  Judicial review: Appeal to appellate court; exclusive method of review for disciplinary hearings; certain actions not subject to judicial review. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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 appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the manner and within the time provided by law for appeals in civil cases. The appellate court of competent jurisdiction 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 court and the appellate court of competent jurisdiction 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; 2013, 1785, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

MISCELLANEOUS PROVISIONS

      NRS 463.320  Collection and disposition of state fees for licenses and penalties.

      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 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; 2007, 812, 813; 2011, 970)

      NRS 463.323  Collection and disposition of county fees for licenses in county whose population is less than 700,000.  In a county whose population is less than 700,000:

      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 of the 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 the sheriff’s official bond for all money due for the licenses remaining uncollected by reason of the sheriff’s 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 for licenses and take from the county treasurer a receipt therefor, and the sheriff shall immediately on the same day return to the county auditor all licenses not issued or disposed of by the sheriff 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; 2011, 1282)

      NRS 463.325  Collection and disposition of county fees for licenses in county whose population is 700,000 or more.  In a county whose population is 700,000 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 of the 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 the sheriff’s official bond for all money due for the licenses remaining uncollected by reason of the sheriff’s 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 for licenses and take from the county treasurer a receipt therefor, and the sheriff shall immediately on the same day return to the county auditor all licenses not issued or disposed of by the sheriff 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; A 2011, 1282)

      NRS 463.327  Decrease in rate of property tax of incorporated city receiving apportioned gaming license revenue.  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 700,000 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; A 2011, 1283)

      NRS 463.330  Costs of administration; State Gaming Control Board Revolving Account; limitations on expenditures.

      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 Chair of the Board, the State Controller shall draw a warrant in favor of the Chair in the amount of $10,000, and upon presentation of the warrant to the State Treasurer, the State Treasurer shall pay it. When the warrant is paid, the Chair 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 Chair 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 Chair is not limited or bound by the provisions of NRS 281.160.

      4.  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; 2011, 207)

      NRS 463.331  Investigative Fund.

      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 Chair, 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)

      NRS 463.335  Gaming employee must be registered with Board; notice of change of employment; investigation of applicant; fee; expiration of registration; suspension of or objection to registration; hearing and review; confidentiality of records; suspension of registration for failure to comply with provisions of chapter 179D of NRS.

      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 in the State of Nevada; and

      (b) Maintain confidential records of such information.

      2.  A person may not be employed as a gaming employee unless the person 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, the registered gaming employee must file a change of employment notice within 10 calendar 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.  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 after receipt unless the date is administratively extended by the Chair 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.

      5.  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 the person 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.

      6.  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 fee charged by the Board to process a change of employment notice may cover only the actual investigative and administrative costs related to processing the change of employment notice. 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 10 to 16, inclusive, apply to such suspension by or objection of the Board.

      7.  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 the applicant 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. 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.

      8.  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 5, 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 the applicant files a complete application.

      9.  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.

      10.  If the Board, within the 120-day period prescribed in subsection 8, 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 the applicant 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.

      11.  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 or her 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.

      12.  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. If a gaming employee fails to comply with any limitation or condition placed on the effectiveness of the gaming employee’s registration as a gaming employee, notwithstanding any other provision of this section, the Board may object to the gaming employee’s registration. If the Board objects to the gaming employee’s registration, the provisions regarding the continued effectiveness of the registration and the review of the objection set forth in subsections 10 to 16, inclusive, apply, including, without limitation, the requirement to notify the applicable licensee about the objection.

      13.  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.

      14.  The Chair 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.

      15.  Notice by the Board as provided pursuant to subsections 1 to 14, 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.

      16.  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 the person’s 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.

      17.  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 the person provides the Board with verifiable documentation confirming that the person 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.

      18.  Notwithstanding any other provisions of this section, if a person notified by the Board pursuant to subsection 17 does not provide the Board, within the 15 days prescribed therein, with verifiable documentation establishing that the person is currently in compliance with the provisions of chapter 179D of NRS, the Chair 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 the hearing examiner is appointed by the Chair, 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 Chair, unless administratively extended by the Chair 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 the hearing examiner’s 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.

      19.  If, after conducting the hearing prescribed in subsection 18, 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 the person 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 20, 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 the person 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 20, of the findings of the hearing examiner.

      20.  Notice as provided pursuant to subsections 17, 18 and 19 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 or her 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.

      21.  The Board shall remove a suspension entered in accordance with subsection 19 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; 2007, 1106; 2009, 281)

      NRS 463.33505  Renewal of registration as gaming employee: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of registration as a gaming employee must indicate in the application submitted to the Board whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Registration as a gaming employee may not be renewed by the Board if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Board pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2733, effective January 1, 2014)

      NRS 463.3351  Payment of child support: Statement by applicant for registration as gaming employee; grounds for denial of registration; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 the applicant 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 the applicant 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)

      NRS 463.3352  Suspension of registration as gaming employee for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 463.3354  Application for registration as gaming employee to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 463.336  Issuance of order summarily suspending registration as gaming employee; hearing; notice of defense.

      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 or her 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)

      NRS 463.337  Revocation of registration as gaming employee: Grounds; power of Commission; judicial review.

      1.  If any gaming employee 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 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 if the Commission finds, after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive, that the gaming employee 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 the gaming employee 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 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; 2007, 1111)

      NRS 463.339  Disclosure by applicant for licensing, registration, finding of suitability, preliminary finding of suitability or required approval or consent.  An applicant for licensing, registration, finding of suitability, preliminary 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; 2013, 3805)

      NRS 463.3403  Confidentiality of information relating to termination of employment of gaming employee or independent agent.  Any information obtained by the Board from any licensee, his or her 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 the applicant to respond to any suspension or objection made by the Board to his or her 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)

      NRS 463.3407  Absolute privilege of certain communications and documents; restrictions on and protections against disclosure.

      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)

      NRS 463.341  Order of court for release of confidential information: Procedure.  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)

      NRS 463.342  Person with disability entitled to services of interpreter at hearing.  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 communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the person who presides at the hearing.

      (Added to NRS by 1979, 659; A 2001, 1778; 2007, 180)

      NRS 463.343  Declaratory judgment; limitations on injunctive relief.

      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 or her 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)

      NRS 463.344  Enforcement of certain security interests against licensees.

      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)

      NRS 463.345  Early closing dates in certain transfers of gaming property prohibited.  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)

      NRS 463.3455  Provision regarding responsibility for fees and taxes required in certain transfers of gaming property or interest.  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)

      NRS 463.346  Injunctions.

      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)

      NRS 463.3465  Prosecution by Attorney General of violations of gaming laws.

      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 the Attorney General 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, the district attorney may respond in writing to the Commission or Board within the 15-day period specified in subsection 1 and state the reasons why the district attorney declines.

      (Added to NRS by 1981, 545; A 1991, 2268)

      NRS 463.347  Penalty for possession of device, equipment or material illegally manufactured, sold or distributed.  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)

      NRS 463.350  Gaming or employment in gaming prohibited for persons under 21.

      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 or she 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)

      NRS 463.355  District attorney, sheriff and chief of police to furnish information obtained during investigation or prosecution.  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)

      NRS 463.3557  Electronic transfer of money to game or gaming device by credit card prohibited; exception.

      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)

      NRS 463.3558  Approval of debit instrument required.  A debit instrument issued by a licensee must be approved by the Board.

      (Added to NRS by 1995, 1496)

      NRS 463.360  Penalties.

      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

      NRS 463.361  Enforceability and resolution of gaming debts.

      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)

      NRS 463.362  Resolution of disputes.

      1.  Whenever a patron and a licensee, or any person acting on behalf of or in conjunction with a licensee, have any dispute which cannot be resolved to the satisfaction of the patron and which involves:

      (a) Alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event; or

      (b) The manner in which a game, tournament, contest, drawing, promotion or similar activity or event is conducted,

Ê the licensee is responsible for notifying the Board or patron in accordance with the provisions of subsection 2, regardless of whether the licensee is directly or indirectly involved in the dispute.

      2.  Whenever a dispute described in subsection 1 involves:

      (a) At least $500, the licensee shall immediately notify the Board; or

      (b) Less than $500, the licensee shall notify the patron of the patron’s right to request that the Board conduct an investigation.

      3.  Upon being notified of a dispute, the Board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made. The agent of the Board shall mail written notice to the Board, the licensee and the patron of the agent’s decision resolving the dispute within 45 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 the agent’s decision within the time required by this subsection does not divest the Board of its exclusive jurisdiction over the dispute.

      4.  Failure of the licensee to notify the Board or patron as provided in subsection 2 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.

      5.  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; 2007, 1112; 2009, 286)

      NRS 463.363  Petition for hearing by Board; notice and conduct of hearing.

      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)

      NRS 463.364  Burden of proof on party seeking reconsideration; decision of Board or hearing examiner.

      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 the party’s attorney of record.

      (Added to NRS by 1983, 1847; A 1991, 930)

      NRS 463.366  Payment of claim after decision of Board or hearing examiner becomes final; deposit and withdrawal of amount of claim upon judicial review.

      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 the licensee 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)

      NRS 463.3662  Judicial review: Petition; intervention; stay of enforcement.

      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)

      NRS 463.3664  Judicial review: Record on review.

      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)

      NRS 463.3666  Judicial review: Additional evidence taken by Board or hearing examiner; review confined to record; court may affirm, remand or reverse.

      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 or her 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)

      NRS 463.3668  Judicial review: Appeal; exclusive method of review; costs to transcribe proceedings and transmit record. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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)

      NRS 463.3668  Judicial review: Appeal; exclusive method of review; costs to transcribe proceedings and transmit record. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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 appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the manner and within the time provided by law for appeals in civil cases. The appellate court of competent jurisdiction 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 court and the appellate court of competent jurisdiction 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; 2013, 1785, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

RECOVERY OF GAMING DEBTS BY LICENSEES

      NRS 463.368  Credit instruments: Validity; enforcement; redemption; penalties; regulations.

      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)

UNREDEEMED SLOT MACHINE WAGERING VOUCHERS

      NRS 463.369  Records to be maintained; expiration of obligation to pay patron; quarterly report; payment of percentage of value to Commission; regulations; “slot machine wagering voucher” defined.

      1.  Whenever a nonrestricted licensee owes a patron a specific amount of money as the result of a slot machine wagering voucher which remains unpaid because of the failure of the patron to claim the value, regardless of whether the identity of the patron is known, the nonrestricted licensee shall maintain a record of the obligation in accordance with the regulations adopted by the Commission.

      2.  Unless the Commission specifies by regulation a shorter period in which a slot machine wagering voucher must be redeemed, upon the expiration date printed on a slot machine wagering voucher issued in this State or 180 days after a wager is placed, whichever period is less, the obligation of the nonrestricted licensee to pay the patron any value remaining on a slot machine wagering voucher expires.

      3.  Each nonrestricted licensee shall, for the previous calendar quarter, report to the Commission on or before the 15th day of the month following that calendar quarter any slot machine wagering voucher that expires pursuant to this section. The licensee shall remit to the Commission with each report payment equal to 75 percent of the value of the expired slot machine wagering vouchers included on the report.

      4.  The Commission shall pay over all money collected pursuant to this section to the State Treasurer to be deposited for credit to the State General Fund.

      5.  The Commission shall adopt regulations prescribing procedures which nonrestricted licensees must follow to comply with the provisions of this section.

      6.  As used in this section, “slot machine wagering voucher” means a printed wagering instrument, issued by a gaming establishment operating under a nonrestricted license, that has a fixed dollar wagering value which can only be used to acquire an equivalent value of cashable credits or cash.

      (Added to NRS by 2011, 2835; A 2013, 162)

FEES FOR STATE AND COUNTY GAMING LICENSES

      NRS 463.370  Monthly fee for state license; fee for licensee operating less than full month; proportionate share of operator of inter-casino linked system and other persons; underpayments and overpayments; cessation of operation; offset of certain losses.

      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 15th 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 15th 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 15th 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 15th 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 15th 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; 2013, 163)

      NRS 463.371  Computation of gross revenue: Credit instruments; cash and its equivalents.

      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 the patron 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 the patron;

      (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 the patron’s 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)

      NRS 463.3715  Computation of gross revenue: Items which may be deducted.

      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)

      NRS 463.3717  Compilation of information concerning gross revenue reported by licensees; summary of compiled information available for public review.  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)

      NRS 463.372  Slot machines: Counting for purposes of administering quarterly fee and annual taxes and fees.  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)

      NRS 463.373  Quarterly fee for state license for restricted operation.

      1.  Before issuing a state gaming license to an applicant for a restricted operation, the Commission shall charge and collect from the applicant for each slot machine for each quarter year:

      (a) A license fee of $81 for each slot machine if the applicant 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 the applicant 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)

      NRS 463.375  Quarterly fee for state license for nonrestricted operation; proportionate share of operator of inter-casino linked system and other persons.

      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)

      NRS 463.380  Annual fee for state license based on number of games operated.

      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:

      (a) Those establishments operating or to operate one game, the sum of $100.

      (b) Those establishments operating or to operate two games, the sum of $200.

      (c) Those establishments operating or to operate three games, the sum of $400.

      (d) Those establishments operating or to operate four games, the sum of $750.

      (e) Those establishments operating or to operate five games, the sum of $1,750.

      (f) Those establishments operating or to operate six or seven games, the sum of $3,000.

      (g) Those establishments operating or to operate 8, 9 or 10 games, the sum of $6,000.

      (h) Those establishments operating or to operate 11, 12 or 13 games, the sum of $650 for each game so operating or to operate.

      (i) Those establishments operating or to operate 14, 15 or 16 games, the sum of $1,000 for each game so operating or to operate.

      (j) 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 the licensee’s operations during the calendar year, the licensee must, after the licensee’s application is approved, be charged the full annual fees for the number of games for which the licensee desires a license under this section, and is entitled to credit thereon for the annual fee the licensee 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)

      NRS 463.383  Quarterly fee for state license based on number of games operated.

      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:

             (1) Those establishments operating or to operate one game, the sum of $50.

             (2) Those establishments operating or to operate two games, the sum of $100.

             (3) Those establishments operating or to operate three games, the sum of $200.

             (4) Those establishments operating or to operate four games, the sum of $375.

             (5) Those establishments operating or to operate five games, the sum of $875.

             (6) Those establishments operating or to operate six or seven games, the sum of $1,500.

             (7) 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)

      NRS 463.385  Annual excise tax upon slot machines: Imposition; collection; proportionate share of operator of inter-casino linked system and other persons; deposit and use of receipts.

      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, or for any other purpose authorized by the Legislature if sufficient money is available in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education on July 31 of each year to pay the principal and interest due in that fiscal year on the bonds described in subsection 6.

      5.  During each fiscal year, the State Treasurer shall deposit the tax paid over to him or her 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, the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106, and the bonds authorized to be issued by section 2 of chapter 514, Statutes of Nevada 2013, at page 3391. 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; 2010, 26th Special Session, 20; 2013, 3389)

      NRS 463.3855  Annual fee for license for operator of slot machine route, mobile gaming system or inter-casino linked system.

      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 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)

      NRS 463.3856  Annual fee for license for operator of information service; collection.

      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)

      NRS 463.3857  Fees from licensee who concludes gaming operation: Final fee based on total outstanding value of collectible credit instruments; monthly fee based on all compensation received in payment of credit instrument; calculation and collection of monthly fee; security required for payment of monthly fee.

      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 the licensee’s gaming operation, taking into account all relevant factors.

      (Added to NRS by 1989, 2058; A 1993, 7; 1997, 3502)

      NRS 463.386  Credit for prepaid fees for license upon transfer of gaming license for continuing operation; regulations.

      1.  If the Commission approves the issuance of a license for gaming operations at the same location that is currently licensed, or locations that are currently licensed if the license is for the operation of a slot machine route, the Chair of the Board, in consultation with the Chair of the Commission may administratively determine that, for the purposes of NRS 463.370 and 463.373 to 463.3855, inclusive, the gaming license shall be deemed transferred, the previously licensed operation shall be deemed a continuing operation and credit must be granted for prepaid license fees, if the Chair of the Board makes a written finding that such determination is consistent with the public policy of this State pursuant to NRS 463.0129.

      2.  The Chair of the Board may refer a request for administrative determination pursuant to this section to the Board and the Commission for consideration, or may deny the request for any reasonable cause. A denial may be submitted for review by the Board and the Commission in the manner set forth by the regulations adopted by the Commission which pertain to the review of administrative approval decisions.

      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.

      4.  The Commission may, with the advice and assistance of the Board, adopt regulations consistent with the policy, objects and purposes of this chapter as it may deem necessary to carry out the provisions of this section.

      (Added to NRS by 1973, 389; A 1975, 693; 1979, 1528, 1740; 1981, 1095; 1983, 1337; 1991, 534, 1011; 1993, 2001; 2011, 208)

      NRS 463.387  Refund of excessive state fees or taxes paid; procedure; interest; time within which claim for refund must be filed.

      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)

      NRS 463.388  Determination of deficiency: Recomputation or estimate of taxes or fees; accrual of interest on unpaid taxes; offsetting overpayments; refund of excess.

      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)

      NRS 463.3881  Determination of deficiency: Notice.

      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)

      NRS 463.3882  Determination of deficiency: Lien.

      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 the person 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 the debtor 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)

      NRS 463.3883  Redetermination: Time for filing and contents of petition; hearing; finality of order; judicial review.

      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 the person. 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)

      NRS 463.389  Remedies of State are cumulative.  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)

      NRS 463.390  Quarterly fee for county license; penalty for late payment.

      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)

      NRS 463.395  Limitations on amount of fee for license or rate of tax imposed by local government.

      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)

      NRS 463.400  Penalty for willful evasion of payment of fees for license and other acts and omissions.  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

      NRS 463.4071  Application for license to operate gaming salon; fee; costs for investigation.

      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)

      NRS 463.4073  Regulations establishing policies and procedures for approval of license to operate gaming salon and standards of operation.  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)

      NRS 463.4076  Admission of patrons to gaming salon: Conditions; restrictions; resolution of disputes.

      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

      NRS 463.408  Application; fee; conditions and limitations.

      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

      NRS 463.409  Approval by Board of game operated by charitable organization; conditions; exceptions.  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

      NRS 463.4091  Definitions.  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)

      NRS 463.40915  “Calendar quarter” defined.  “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)

      NRS 463.4092  “Charitable or nonprofit activity” defined.  “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)

      NRS 463.40925  “Net proceeds” defined.  “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)

      NRS 463.4093  “Qualified organization” defined.  “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)

      NRS 463.40935  Administration of provisions by Board and Commission; regulations.

      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)

      NRS 463.4094  Requirements for operation of charitable bingo game without gaming license.  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)

      NRS 463.40945  Registration and approval of qualified organization: Duties of Executive Director; revocable privilege; expiration.

      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)

      NRS 463.4095  Requirements for registration and approval of Executive Director.

      1.  To register with or request the approval of the Executive Director, a qualified organization must submit to the Executive Director:

      (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)

      NRS 463.40955  Commission may require finding of suitability.

      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)

      NRS 463.4096  Prohibited acts concerning compensation of employees of qualified organizations and other persons.  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 or her 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)

      NRS 463.40965  Reporting and expenditure of net proceeds of charitable bingo.

      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

      NRS 463.410  Exemption of State from operation of 15 U.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]

      NRS 463.420  Legal shipments of gambling devices into State.  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

      NRS 463.421  Definitions.  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)

      NRS 463.4212  “Live broadcast” defined.  “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)

      NRS 463.4214  “Racing meet” defined.  “Racing meet” means a series of scheduled races held at a track for a specified period.

      (Added to NRS by 1987, 1779)

      NRS 463.4216  “Track” defined.  “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)

      NRS 463.4218  “User” defined.  “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 the operator accepts.

      (Added to NRS by 1987, 1779)

      NRS 463.422  Proposal by disseminator for exclusive right to disseminate live broadcast for racing meet; determination of necessity of hearing; notice; determination without hearing.

      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 in accordance with the requirements established in the regulations adopted by the Commission.

      2.  After the Board receives such a notice, the Board shall notify 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 notify 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 notify each disseminator and the public of its determination.

      4.  All notifications provided by the Board pursuant to this section must:

      (a) Contain all information; and

      (b) Conform with all requirements relating to the manner, timing and form for such notifications,

Ê that the Commission, with the advice and assistance of the Board, may prescribe by regulation.

      (Added to NRS by 1987, 1779; A 1991, 1844; 2009, 287)

      NRS 463.423  Hearing panel: Appointment; qualifications; expenses; agreements for services; additional personnel.

      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.

      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; 2009, 287)

      NRS 463.424  Procedure at hearing; submission of recommendation to Board; action on recommendation; regulations for contents of proposals.

      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 or her proposal.

      (Added to NRS by 1987, 1779)

      NRS 463.425  Administrative review of decision of Board.

      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)

      NRS 463.426  Powers of Board.  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 disseminator 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.

      (Added to NRS by 1987, 1780; A 2009, 288)

      NRS 463.427  Unauthorized use or dissemination of live broadcast prohibited.  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

      NRS 463.430  Unlawful to disseminate information without license; exceptions.

      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)

      NRS 463.435  Renewal of license: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license issued pursuant to NRS 463.430 to 463.480, inclusive, must indicate in the application submitted to the Commission whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license issued pursuant to NRS 463.430 to 463.480, inclusive, may not be renewed by the Commission if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Commission pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2733, effective January 1, 2014)

      NRS 463.440  Regulation and control of dissemination of information: Public policy of State; power of Commission; regulations.

      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)

      NRS 463.445  Control of rates charged by disseminator; report of financial information.

      1.  Except as otherwise provided in subsection 3, the Commission may 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; 2009, 288)

      NRS 463.450  Fees: Amount; collection; overpayment or underpayment; deposit in State General Fund.

      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)

      NRS 463.460  Licensee to furnish information without discrimination.  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)

      NRS 463.462  Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Commission. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 the applicant 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 the applicant 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)

      NRS 463.464  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 463.466  Application for license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 463.480  Penalty.  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; 2013, 2734)

LICENSING OF CORPORATIONS, LIMITED PARTNERSHIPS, LIMITED-LIABILITY COMPANIES AND OTHER SIMILAR ORGANIZATIONS

General Provisions

      NRS 463.482  Definitions.  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)

      NRS 463.4825  “Affiliated company” defined.  “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)

      NRS 463.483  “Director” defined.  “Director” means any director of a corporation or any person performing similar functions with respect to any organization.

      (Added to NRS by 1969, 365)

      NRS 463.484  “Equity security” defined.  “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)

      NRS 463.4845  “General partner” defined.  “General partner” means any general partner of a limited partnership or any person performing similar functions.

      (Added to NRS by 1979, 1520)

      NRS 463.485  “Holding company” defined.

      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)

      NRS 463.4855  “Interest in a limited-liability company” defined.  “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)

      NRS 463.486  “Intermediary company” defined.  “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)

      NRS 463.4862  “Limited-liability company” defined.  “Limited-liability company” means a limited-liability company organized and existing pursuant to the provisions of chapter 86 of NRS or formed under the laws of any jurisdiction other than this State.

      (Added to NRS by 1993, 1993; A 2007, 1113)

      NRS 463.4863  “Limited partner” defined.  “Limited partner” means any limited partner of a limited partnership or any other person having similar rights.

      (Added to NRS by 1979, 1520)

      NRS 463.4864  “Limited partnership” defined.  “Limited partnership” means a partnership formed by two or more persons pursuant to the terms of chapter 87A or 88 of NRS or the laws of any state other than this State, having as members one or more general partners and one or more limited partners.

      (Added to NRS by 1979, 1521; A 2007, 486, 1113)

      NRS 463.4865  “Limited partnership interest” defined.  “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 the general or limited partner’s contribution to capital of the limited partnership,

Ê or the right to exercise any of the rights or powers provided in chapter 87A or 88 of NRS or the laws of any state other than this State, whether directly or indirectly.

      (Added to NRS by 1979, 1521; A 1985, 1296; 2007, 486, 1113)

      NRS 463.4866  “Manager” defined.  “Manager” means a person designated or selected to manage a limited-liability company.

      (Added to NRS by 1993, 1993; A 1997, 732)

      NRS 463.4867  “Member” defined.  “Member” means a person who owns an interest in a limited-liability company.

      (Added to NRS by 1993, 1993)

      NRS 463.487  “Publicly traded corporation” defined.

      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)

      NRS 463.488  “Subsidiary” defined.  “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

      NRS 463.489  Policy of State; waiver of requirements.

      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)

      NRS 463.490  Qualifications for state gaming license for corporations other than publicly traded corporations.  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)

      NRS 463.505  Prior approval by Chair of Board required to grant option to purchase security issued by corporation other than publicly traded corporation or to dispose of existing option to acquire such security; review of denial of approval.

      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 which is a holding company or an intermediary company for an entity that 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 Chair of the Board.

      2.  A request for administrative approval pursuant to subsection 1 must:

      (a) Be made on forms approved by the Chair of the Board; and

      (b) To the extent consistent with this section, be considered in all respects as an application.

      3.  The Chair 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; A 2007, 1113)

      NRS 463.510  Prior approval by Commission required for other disposition of securities issued by corporation other than publicly traded corporation; restrictions on unsuitable persons; statement on certificate.

      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 or which is a holding company or an intermediary company for an entity that 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; 2007, 1114)

      NRS 463.520  Registration with Board by corporations other than publicly traded corporations; required information.  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)

      NRS 463.530  Individual licensing of officers and directors of corporations other than publicly traded corporations; other persons required to be licensed individually.  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 the person 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 the person to do so.

      (Added to NRS by 1967, 1587; A 1969, 375; 1977, 1438; 1993, 188)

      NRS 463.540  Limitation on certain powers of corporations other than publicly traded corporations after licensing; approval of Commission.  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 the officer or member was so elected or appointed.

      (Added to NRS by 1967, 1588; A 1971, 675; 1993, 189, 314)

      NRS 463.550  Required reports and statements; income tax return.

      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)

      NRS 463.560  Termination of employment of employee found unsuitable or whose license is denied or revoked; licensing of successor.

      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 the employee to do so, and the Commission makes a finding of unsuitability for that reason;

      (b) Is denied a license; or

      (c) Has his or her license revoked by the Commission,

Ê the corporate gaming licensee by whom the employee is employed shall terminate his or her employment in any capacity in which the employee is required to be licensed and shall not permit the employee 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

      NRS 463.563  Policy of State; waiver of requirements.

      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.  To the extent practicable, the provisions of this chapter that apply to a limited partnership shall be deemed to apply to a registered limited-liability partnership as defined in NRS 87.020 or 87.4311 or a foreign registered limited-liability partnership.

      3.  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; A 2009, 288)

      NRS 463.564  Qualifications for state gaming license.  In order to be eligible to receive a state gaming license, a limited partnership shall:

      1.  Maintain an office of the limited partnership on the licensed premises;

      2.  Comply with all of the requirements of the laws of this State pertaining to limited partnerships; and

      3.  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; A 2007, 1114)

      NRS 463.566  Eligibility.  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)

      NRS 463.5665  Prior approval by Chair of Board required to grant option to purchase interest in limited partnership or to dispose of existing option to acquire such interest; review of denial of approval.

      1.  The purported granting of an option to purchase any interest in a limited partnership which holds a state gaming license or which is a holding company or an intermediary company for an entity that 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 void unless administratively approved in advance by the Chair of the Board.

      2.  A request for administrative approval pursuant to subsection 1 must:

      (a) Be made on forms approved by the Chair of the Board; and

      (b) To the extent consistent with this section, be considered in all respects as an application.

      3.  The Chair 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; A 2007, 1115)

      NRS 463.567  Prior approval by Commission required for other disposition of interest in limited partnership; restrictions on unsuitable persons; statement on certificate.

      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 or which is a holding company or an intermediary company for an entity that 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 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 after the date that it receives the notice from the Commission, return to the unsuitable owner, in cash, the amount of the unsuitable owner’s 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; 2007, 1115)

      NRS 463.568  Registration with Board; required information.  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)

      NRS 463.569  Individual licensing and registration of partners and other persons; regulations.

      1.  Every general partner of, and every limited partner with more than a 5 percent ownership interest in, 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 other limited partners or 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 the person 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 the person to do so.

      2.  All limited partners seeking to hold a 5 percent or less ownership interest in a limited partnership, other than a publicly traded limited partnership, which hold or apply for a state gaming license, must register in that capacity with the Board and submit to the Board’s jurisdiction. Such registration must be made on forms prescribed by the Chair of the Board. The Chair of the Board may require a registrant to apply for licensure at any time in the Chair’s discretion.

      3.  The Commission may, with the advice and assistance of the Board, adopt such regulations as it deems necessary to carry out the provisions of subsection 2.

      (Added to NRS by 1979, 1522; A 1997, 3504; 2011, 210; 2013, 2108, 3311)

      NRS 463.571  Required reports and statements; income tax return.

      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)

      NRS 463.572  Termination of employment of employee found unsuitable or whose license is denied or revoked; licensing of successor.

      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 the employee to do so, and the Commission makes a finding of unsuitability for that reason;

      (b) Is denied a license; or

      (c) Has his or her license revoked by the Commission,

Ê the limited partnership gaming licensee by whom the employee is employed shall terminate his or her 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

      NRS 463.573  Policy of State; waiver of requirements.

      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)

      NRS 463.5731  Qualifications for state gaming license.  In order to be eligible to receive a license, a limited-liability company must:

      1.  Maintain an office of the limited-liability company on the licensed premises;

      2.  Comply with all of the requirements of the laws of this State pertaining to limited-liability companies; and

      3.  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; A 2007, 1116)

      NRS 463.5732  Eligibility for gaming license.  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)

      NRS 463.57325  Prior approval by Chair of Board required to hold option to purchase interest in limited-liability company or to dispose of existing option to acquire such interest; review of denial of approval.

      1.  The purported granting of an option to purchase any interest in a limited-liability company which holds a state gaming license or which is a holding company or an intermediary company for an entity that 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 void unless administratively approved in advance by the Chair of the Board.

      2.  A request for administrative approval pursuant to subsection 1 must:

      (a) Be made on forms approved by the Chair of the Board; and

      (b) To the extent consistent with this section, be considered in all respects as an application.

      3.  The Chair 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; A 2007, 1116)

      NRS 463.5733  Prior approval by Commission required for other disposition of interest in limited-liability company; restrictions on unsuitable persons; statement on certificate.

      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 or which is a holding company or an intermediary company for an entity that holds a state gaming license is void 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 the member’s 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; 2007, 1116)

      NRS 463.5734  Registration with Board; required information.  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)

      NRS 463.5735  Individual licensing and registration of members, directors, managers and other persons; regulations.

      1.  Every member and transferee of a member’s interest with more than a 5 percent ownership interest in a limited-liability company, and every 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.  All members seeking to hold a 5 percent or less ownership interest in a limited-liability company, other than a publicly traded limited-liability company, which hold or apply for a state gaming license, must register in that capacity with the Board and submit to the Board’s jurisdiction. Such registration must be made on forms prescribed by the Chair of the Board. The Chair of the Board may require a registrant to apply for licensure at any time in the Chair’s discretion.

      3.  If, in the judgment of the Commission, the public interest will be served by requiring any members with a 5 percent or less ownership interest in a limited-liability company, or 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.

      4.  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.

      5.  No person may become a member or a transferee of a member’s interest in a limited-liability company which holds a license until the person secures the required approval of the Commission.

      6.  A director or manager of a limited-liability company shall apply for a license within 30 days after assuming office.

      7.  The Commission may, with the advice and assistance of the Board, adopt such regulations as it deems necessary to carry out the provisions of subsection 2.

      (Added to NRS by 1993, 1995; A 1997, 3505; 2001, 898; 2011, 210; 2013, 2108, 3311)

      NRS 463.5736  Required reports and statements; income tax returns.

      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)

      NRS 463.5737  Removal or modification of employment of employee, director or manager who is found unsuitable or whose license is denied or revoked; licensing of successor.

      1.  If a person who is an employee, a director or a manager of a limited-liability company which holds a license is required to be licensed individually, and the person:

      (a) Does not apply for a license within 30 days after the Commission requests the person to do so, and the Commission makes a finding of unsuitability for that reason;

      (b) Is denied a license; or

      (c) Has his or her license revoked by the Commission,

Ê the limited-liability company for whom the person is a manager or director or by whom the person is employed shall, upon receiving notice by registered or certified mail from the Commission, remove the person as a director or manager or modify the person’s employment so that the person no longer serves in a capacity for which the person is required to be licensed, and shall not allow the person 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

      NRS 463.575  Applicability of NRS 463.575 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)

      NRS 463.585  Requirements if corporation or other business organization is or becomes subsidiary; investigations; restrictions on unsuitable persons; statement on certificate, securities; other requirements.

      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)

      NRS 463.595  Individual licensing of officers, employees and other persons; removal from position if found unsuitable or if license is denied or revoked; suspension of suitability by Commission.

      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 or her license or the finding of his or her 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 the person 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)

      NRS 463.605  Information required if corporation or other business organization is or becomes subsidiary.  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)

      NRS 463.615  Penalties for noncompliance with laws and regulations.  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

      NRS 463.621  Legislative declaration.  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)

      NRS 463.622  Policy of State.  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)

      NRS 463.623  Regulations concerning certain corporate acquisitions, repurchases of securities and corporate defense tactics.  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

      NRS 463.625  Exemptions from certain requirements; compliance with NRS 463.635 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)

      NRS 463.627  Registration of corporation of another country: Application; investigation; expenses of investigation.

      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)

      NRS 463.633  Registration of corporation of another country: Matters considered by Board; rejection without hearing.  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)

      NRS 463.635  Publicly traded corporation owning or controlling applicant or licensee: Duties; power of Board and Commission to investigate; procedure for Board to deregister corporation that ceases to engage in gaming activities.

      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)

      NRS 463.637  Individual licensing of directors, officers and employees; removal from position if found unsuitable or if license is denied or revoked; suspension of suitability by Commission.

      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 or her license or the finding of his or her 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 the officer, director or employee 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 the officer, director or employee 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)

      NRS 463.639  Required reports and statements; income tax return; documents filed with Commission.

      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) Upon request of the Chair of the Board, 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 Chair of the Board, furnish to the Commission 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) Upon request of the Chair of the Board, 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 Chair of the Board, furnish to the Commission 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; 2011, 211)

      NRS 463.641  Penalties for noncompliance with laws and regulations.  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)

      NRS 463.643  Suitability of persons acquiring beneficial ownership of any voting security or beneficial or record ownership of any nonvoting security or debt security in publicly traded corporation; report of acquisition; application; penalty.

      1.  Each person who acquires, directly or indirectly:

      (a) Beneficial ownership of any voting security; or

      (b) Beneficial or record ownership of any nonvoting security,

Ê 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 the person’s acquisition of that ownership would otherwise be inconsistent with the declared policy of this state.

      2.  Each person who acquires, directly or indirectly, beneficial or record 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 the person’s 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, within 10 days after filing the report and any amendment thereto with the Securities and Exchange Commission, notify the Nevada Gaming Commission in the manner prescribed by the Chair of the Board that the report has been filed 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 Chair of the Board mails the written notice.

      5.  A person who acquires, directly or indirectly:

      (a) Beneficial ownership of any voting security; or

      (b) Beneficial or record ownership of any nonvoting security or debt security,

Ê 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 the person 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:

      (a) Beneficial ownership of any voting security; or

      (b) Beneficial or record ownership of any nonvoting security or debt security,

Ê 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; 2007, 1117; 2011, 212)

Miscellaneous Provisions

      NRS 463.645  Remuneration, contracts and employment prohibited for certain unsuitable or unlicensed persons.  If any person who is required by or pursuant to this chapter to be licensed or found suitable because of the person’s 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 the person’s license or finding of suitability is revoked, 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, and any licensee or an affiliate of the licensee shall not, after receipt of written notice from the Commission:

      1.  Pay the person 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.

      2.  Enter into any contract or agreement with the person or with a business organization that the licensee knows or under the circumstances reasonably should know is under the person’s control which involves the operations of a licensee, without the prior approval of the Commission.

      3.  Employ the person in any position involving the activities of a licensee without prior approval of the Commission.

      (Added to NRS by 1977, 1427; A 1979, 475; 1981, 1100; 1993, 2010; 1999, 3176; 2007, 1118)

LICENSING AND REGULATION OF CERTAIN MANUFACTURERS, SELLERS AND DISTRIBUTORS

      NRS 463.650  License required for manufacture, selling or distribution of gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada; exceptions; applicability of NRS 463.482 to 463.645, inclusive; certain persons conducting business in Nevada to submit copy of registration with Attorney General of the United States to the Board; unlawful to distribute certain items to jurisdictions where such items are illegal.

      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 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 Chair.

      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 or her 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.  Any person conducting business in Nevada who is not required to be licensed as a manufacturer, seller or distributor pursuant to subsection 1, but who otherwise must register with the Attorney General of the United States pursuant to Title 15 of U.S.C., must submit to the Board a copy of such registration within 10 days after submission to the Attorney General of the United States.

      10.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to knowingly distribute any gaming device, cashless wagering system, mobile gaming system, interactive gaming system or associated equipment from Nevada to any jurisdiction where the possession, ownership or use of any such device, system or equipment is illegal.

      11.  As used in this section:

      (a) “Antique gaming device” means a gaming device that was manufactured before 1961.

      (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; 2007, 1119; 2009, 288; 2011, 1644)

      NRS 463.6505  Renewal of license: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a manufacturer, distributor or seller of gaming devices or mobile gaming systems must indicate in the application submitted to the Commission whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license as a manufacturer, distributor or seller of gaming devices or mobile gaming systems may not be renewed by the Commission if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Commission pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2734, effective January 1, 2014)

      NRS 463.651  Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Commission. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 the applicant 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 the applicant 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)

      NRS 463.652  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 463.653  Application for license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 463.655  Effect of determination that manufacturer or distributor is unsuitable to hold license.  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)

      NRS 463.660  Amount and disposition of fees for licenses.

      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)

      NRS 463.665  Finding of suitability for manufacturer or distributor of associated equipment.

      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 or herself 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)

      NRS 463.670  Inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems; fees; regulations; Commission may require filing of application for finding of suitability.

      1.  The Legislature finds and declares as facts:

      (a) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems is essential to carry out the provisions of this chapter.

      (b) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked 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.

      (c) That the interest of this State in the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems must be balanced with the interest of this State in maintaining a competitive gaming industry in which games can be efficiently and expeditiously brought to the market.

      2.  The Commission may, with the advice and assistance of the Board, adopt and implement procedures that preserve and enhance the necessary balance between the regulatory and economic interests of this State which are critical to the vitality of the gaming industry of this State.

      3.  The Board may inspect every game or gaming device which is manufactured, sold or distributed:

      (a) For use in this State, before the game or gaming device is put into play.

      (b) In this State for use outside this State, before the game or gaming device is shipped out of this State.

      4.  The Board may inspect every game or gaming device which is offered for play within this State by a state gaming licensee.

      5.  The Board may inspect all associated equipment, every cashless wagering system, every inter-casino linked 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 state gaming licensee and at any time while the state gaming licensee is using the equipment or system.

      6.  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, distributor or independent testing laboratory which must not exceed the actual cost of inspection and investigation.

      7.  The Commission shall adopt regulations which:

      (a) Provide for the registration of independent testing laboratories and of each person that owns, operates or has significant involvement with an independent testing laboratory, specify the form of the application required for such registration, set forth the qualifications required for such registration and establish the fees required for the application, the investigation of the applicant and the registration of the applicant.

      (b) Authorize the Board to utilize independent testing laboratories for the inspection and certification of any game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any components thereof.

      (c) Establish uniform protocols and procedures which the Board and independent testing laboratories must follow during an inspection performed pursuant to subsection 3 or 5, and which independent testing laboratories must follow during the certification of any game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any components thereof, for use in this State or for shipment from this State.

      (d) Allow an application for the registration of an independent testing laboratory to be granted upon the independent testing laboratory’s completion of an inspection performed in compliance with the uniform protocols and procedures established pursuant to paragraph (c) and satisfaction of such other requirements that the Board may establish.

      (e) Provide the standards and procedures for the revocation of the registration of an independent testing laboratory.

      (f) Provide the standards and procedures relating to the filing of an application for a finding of suitability pursuant to this section and the remedies should a person be found unsuitable.

      (g) Provide any additional provisions which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129.

      8.  The Commission shall retain jurisdiction over any person registered pursuant to this section and any regulation adopted thereto, in all matters relating to a game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any component thereof or modification thereto, even if the person ceases to be registered.

      9.  A person registered pursuant to this section is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.

      10.  The Commission may, upon recommendation of the Board, require the following persons to file an application for a finding of suitability:

      (a) A registered independent testing laboratory.

      (b) An employee of a registered independent testing laboratory.

      (c) An officer, director, partner, principal, manager, member, trustee or direct or beneficial owner of a registered independent testing laboratory or any person that owns or has significant involvement with the activities of a registered independent testing laboratory.

      11.  If a person fails to submit an application for a finding of suitability within 30 days after a demand by the Commission pursuant to this section, the Commission may make a finding of unsuitability. Upon written request, such period may be extended by the Chair of the Commission, at the Chair’s sole and absolute discretion.

      12.  As used in this section, unless the context otherwise requires, “independent testing laboratory” means a private laboratory that is registered by the Board to inspect and certify games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems or interactive gaming systems, and any components thereof and modifications thereto, and to perform such other services as the Board and Commission may request.

      (Added to NRS by 1967, 1597; A 1969, 651; 1977, 1441; 1981, 1102; 1983, 1207; 1985, 2144; 1995, 1501; 2001, 3092; 2005, 721; 2011, 2841; 2013, 2109, 3312)

HOSTING CENTERS

      NRS 463.673  Legislative findings; regulations.

      1.  The Legislature finds that:

      (a) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission be allowed to react to rapidly evolving technological advances while maintaining strict regulation and control of gaming.

      (b) Technological advances have evolved which allow certain parts of games, gaming devices, cashless wagering systems and race book and sports pool operations to be conducted at locations that are not on the premises of a licensed gaming establishment.

      2.  Except as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provide by regulation for the operation and registration of hosting centers and persons associated therewith. Such regulations may include:

      (a) Provisions relating to the operation and location of hosting centers, including, without limitation, minimum internal and operational control standards established by the Commission.

      (b) Provisions relating to the registration of persons owning or operating a hosting center and any persons having a significant involvement with a hosting center, as determined by the Commission.

      (c) A provision that a person owning, operating or having a significant involvement with a hosting center may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.

      (d) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129.

      3.  The Commission may not adopt regulations pursuant to this section until the Commission first determines that hosting centers are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.

      4.  Regulations adopted by the Commission pursuant to this section must:

      (a) Define “hosting center.”

      (b) Provide that the premises on which the hosting center is located are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the hosting center is a gaming licensee.

      (Added to NRS by 2011, 203)

SERVICE PROVIDERS

      NRS 463.677  Legislative findings; regulations.

      1.  The Legislature finds that:

      (a) Technological advances have evolved which allow licensed gaming establishments to expose games, including, without limitation, system-based and system-supported games, gaming devices, mobile gaming systems, interactive gaming, cashless wagering systems or race books and sports pools, and to be assisted by a service provider who provides important services to the public with regard to the conduct and exposure of such games.

      (b) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission have the ability to license service providers by maintaining strict regulation and control of the operation of such service providers and all persons and locations associated therewith.

      2.  Except as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provide by regulation for the licensing and operation of a service provider and all persons, locations and matters associated therewith. Such regulations may include, without limitation:

      (a) Provisions requiring the service provider to meet the qualifications for licensing pursuant to NRS 463.170, in addition to any other qualifications established by the Commission, and to be licensed regardless of whether the service provider holds any other license.

      (b) Criteria regarding the location from which the service provider conducts its operations, including, without limitation, minimum internal and operational control standards established by the Commission.

      (c) Provisions relating to the licensing of persons owning or operating a service provider, and any persons having a significant involvement therewith, as determined by the Commission.

      (d) A provision that a person owning, operating or having significant involvement with a service provider, as determined by the Commission, may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.

      (e) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129, including that a service provider must be liable to the licensee on whose behalf the services are provided for the service provider’s proportionate share of the fees and taxes paid by the licensee.

      3.  The Commission may not adopt regulations pursuant to this section until the Commission first determines that service providers are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.

      4.  Regulations adopted by the Commission pursuant to this section must provide that the premises on which a service provider conducts its operations are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the service provider is a gaming licensee.

      5.  As used in this section:

      (a) “Interactive gaming service provider” means a person who acts on behalf of an establishment licensed to operate interactive gaming and:

             (1) Manages, administers or controls wagers that are initiated, received or made on an interactive gaming system;

             (2) Manages, administers or controls the games with which wagers that are initiated, received or made on an interactive gaming system are associated;

             (3) Maintains or operates the software or hardware of an interactive gaming system;

             (4) Provides the trademarks, trade names, service marks or similar intellectual property under which an establishment licensed to operate interactive gaming identifies its interactive gaming system to patrons;

             (5) Provides information regarding persons to an establishment licensed to operate interactive gaming via a database or customer list; or

             (6) Provides products, services, information or assets to an establishment licensed to operate interactive gaming and receives therefor a percentage of gaming revenue from the establishment’s interactive gaming system.

      (b) “Service provider” means a person who:

             (1) Acts on behalf of another licensed person who conducts nonrestricted gaming operations, and who assists, manages, administers or controls wagers or games, or maintains or operates the software or hardware of games on behalf of such a licensed person, and is authorized to share in the revenue from games without being licensed to conduct gaming at an establishment;

             (2) Is an interactive gaming service provider;

             (3) Is a cash access and wagering instrument service provider; or

             (4) Meets such other or additional criteria as the Commission may establish by regulation.

      (Added to NRS by 2011, 203)

FOREIGN GAMING

      NRS 463.680  Definitions.  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)

      NRS 463.700  Application for approval; investigations; revolving fund for expenses of investigation.

      1.  A licensee who proposes to participate in foreign gaming shall, no later than 30 days after the licensee executes a definitive agreement pertaining to the proposed participation in foreign gaming or files 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 the licensee’s 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 the licensee’s proposed participation as the Board may request.

      (Added to NRS by 1977, 1420; A 1993, 302)

      NRS 463.710  Documents, reports and other information required to be filed with Board.  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 the licensee 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)

      NRS 463.715  Finding of suitability of certain activities or associations of licensee.

      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 Chair 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 the licensee’s 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)

      NRS 463.720  Prohibited practices.  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

      NRS 463.730  License required to operate, manufacture, sell or distribute mobile gaming system or to manufacture equipment associated with mobile gaming; powers and duties of Commission; regulations; conditions.

      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 security of the computer system and its location, which may be outside a licensed gaming establishment but must be within this State, and for approval of hardware and software used in connection with mobile gaming.

      (d) Define “mobile gaming system,” “operator of a mobile gaming system” and “equipment associated with mobile gaming” as the terms are used in this chapter.

      (Added to NRS by 2005, 715; A 2011, 1646)

      NRS 463.735  Enforceability of mobile gaming debts.  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

      NRS 463.745  Legislative findings and declarations.  The Legislature hereby finds and declares that:

      1.  The State of Nevada leads the nation in gaming regulation and enforcement, such that the State of Nevada is uniquely positioned to develop an effective and comprehensive regulatory structure related to interactive gaming.

      2.  A comprehensive regulatory structure, coupled with strict licensing standards, will ensure the protection of consumers, including minors and vulnerable persons, prevent fraud, guard against underage and problem gambling, avoid unauthorized use by persons located in jurisdictions that do not authorize interactive gaming and aid in law enforcement efforts.

      3.  To provide for licensed and regulated interactive gaming, the State of Nevada must develop the necessary structure for licensure, regulation and enforcement.

      (Added to NRS by 2011, 1668; A 2013, 4)

      NRS 463.747  Governor may enter into agreements with certain governments for purposes of interactive gaming; regulations.

      1.  Upon recommendation of the Commission, the Governor, on behalf of the State of Nevada, is authorized to:

      (a) Enter into agreements, in accordance with the requirements of this section, with other governments whereby persons who are physically located in a signatory jurisdiction may participate in interactive gaming conducted by one or more operators licensed by one or more of the signatory governments; and

      (b) Take all necessary actions to ensure that any agreement entered into pursuant to this section becomes effective.

      2.  The Commission may:

      (a) Make recommendations to the Governor to enter into agreements pursuant to this section.

      (b) Upon the recommendation of the Board, adopt regulations relating to agreements pursuant to this section.

      3.  The regulations adopted by the Commission pursuant to this section may include, without limitation, provisions prescribing:

      (a) The form, length and terms of an agreement entered into by this State and another government, including, without limitation, provisions relating to how:

             (1) Taxes are to be treated by this State and another government;

             (2) Revenues are to be shared and distributed; and

             (3) Disputes with patrons are to be resolved.

      (b) The information to be furnished to the Board and the Commission by a government that proposes to enter into an agreement with this State pursuant to this section.

      (c) The information to be furnished by the Board to the Commission to enable the Commission to carry out the purposes of this section.

      (d) The manner and procedure for hearings conducted by the Board and Commission pursuant to this section, including, without limitation, the need for any special rules or notices.

      (e) The information to be furnished by the Commission to the Governor that supports the recommendations of the Commission made pursuant to this section.

      (f) Any other procedures to be followed by the Board or Commission to carry out the purposes of this section.

      4.  The Governor may not enter into an agreement pursuant to this section unless the agreement includes provisions:

      (a) For any potential arrangement for the sharing of revenues by this State and a government.

      (b) That permit the effective regulation of interactive gaming by this State, including, without limitation, provisions relating to licensing of entities and natural persons, technical standards to be followed, resolution of disputes by patrons, requirements for bankrolls, enforcement, accounting and maintenance of records.

      (c) That each government that is a signatory to the agreement agrees to prohibit operators of interactive gaming, service providers and manufacturers or distributors of interactive gaming systems from engaging in any activity permitted by the agreement unless such operators of interactive gaming, service providers or manufacturers or distributors of interactive gaming systems are licensed or found suitable:

             (1) In this State; or

             (2) In the signatory jurisdiction pursuant to requirements that are materially consistent with the corresponding requirements of this State.

      (d) That no variation or derogation from the requirements of the agreement is permitted for any signatory government absent the consent of this State and all signatory governments.

      (e) That prohibit any subordinate or side agreements, except with respect to sharing of revenues, among any subset of governments that are signatories to the agreement.

      (f) That, if the agreement allows persons physically located in this State to participate in interactive gaming conducted by another government or an operator of interactive gaming licensed by another government, require that government to establish and maintain regulatory requirements governing interactive gaming that are materially consistent with the requirements of this State in all material respects.

      5.  As used in this section:

      (a) “Government” means any governmental unit of a national, state or local body exercising governmental functions, other than the United States Government. The term includes, without limitation, national and subnational governments, including their respective departments, agencies and instrumentalities and any department, agency or authority of any such governmental unit that has authority over gaming or gambling activities.

      (b) “Jurisdiction” means the country, state or other geographic area over which a government exercises legal authority.

      (Added to NRS by 2013, 4; A 2013, 3316)

      NRS 463.750  License required for person to operate interactive gaming, to manufacture interactive gaming systems or associated equipment or to act as service provider; powers and duties of Commission; regulations; conditions; limitations; penalty.

      1.  The Commission shall, with the advice and assistance of the Board, adopt regulations governing the licensing and operation of interactive gaming.

      2.  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;

             (3) A license for a manufacturer of equipment associated with interactive gaming; and

             (4) A license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      (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;

             (2) A person may be required by the Commission to hold a license for a manufacturer of equipment associated with interactive gaming; and

             (3) A person must hold a license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      (c) Except as otherwise provided in subsections 6 to 10, inclusive, set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems, manufacturer of equipment associated with interactive gaming or a service provider as described in paragraph (b) of subsection 5 of NRS 463.677 that are as stringent as the standards for a nonrestricted license.

      (d) Set forth provisions governing:

             (1) The initial fee for a license for a service provider as described in paragraph (b) of subsection 5 of NRS 463.677.

             (2) The fee for the renewal of such a license for such a service provider and any renewal requirements for such a license.

             (3) Any portion of the license fee paid by a person licensed to operate interactive gaming, pursuant to subsection 1 of NRS 463.770, for which a service provider may be liable to the person licensed to operate interactive gaming.

      (e) 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, unless federal law otherwise provides for a similar fee or tax.

      (f) 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.

      (g) 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.

      3.  Except as otherwise provided in subsections 4 and 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:

      (a) In a county whose population is 700,000 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 45,000 or more but less than 700,000, 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.

      4.  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 3;

             (2) The affiliate is located in the same county as the establishment; and

             (3) The establishment has held a nonrestricted license for at least 5 years before the date on which the application is filed; and

      (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

      5.  The Commission may issue a license to operate interactive gaming to an applicant that meets any qualifications established by federal law regulating the licensure of interactive gaming.

      6.  Except as otherwise provided in subsections 7, 8 and 9:

      (a) A covered person may not be found suitable for licensure under this section within 5 years after February 21, 2013;

      (b) A covered person may not be found suitable for licensure under this section unless such covered person expressly submits to the jurisdiction of the United States and of each state in which patrons of interactive gaming operated by such covered person after December 31, 2006, were located, and agrees to waive any statutes of limitation, equitable remedies or laches that otherwise would preclude prosecution for a violation of any provision of federal law or the law of any state in connection with such operation of interactive gaming after that date;

      (c) A person may not be found suitable for licensure under this section within 5 years after February 21, 2013, if such person uses a covered asset for the operation of interactive gaming; and

      (d) Use of a covered asset is grounds for revocation of an interactive gaming license, or a finding of suitability, issued under this section.

      7.  The Commission, upon recommendation of the Board, may waive the requirements of subsection 6 if the Commission determines that:

      (a) In the case of a covered person described in paragraphs (a) and (b) of subsection 1 of NRS 463.014645:

             (1) The covered person did not violate, directly or indirectly, any provision of federal law or the law of any state in connection with the ownership and operation of, or provision of services to, an interactive gaming facility that, after December 31, 2006, operated interactive gaming involving patrons located in the United States; and

             (2) The assets to be used or that are being used by such person were not used after that date in violation of any provision of federal law or the law of any state;

      (b) In the case of a covered person described in paragraph (c) of subsection 1 of NRS 463.014645, the assets that the person will use in connection with interactive gaming for which the covered person applies for a finding of suitability were not used after December 31, 2006, in violation of any provision of federal law or the law of any state; and

      (c) In the case of a covered asset, the asset was not used after December 31, 2006, in violation of any provision of federal law or the law of any state, and the interactive gaming facility in connection with which the asset was used was not used after that date in violation of any provision of federal law or the law of any state.

      8.  With respect to a person applying for a waiver pursuant to subsection 7, the Commission shall afford the person an opportunity to be heard and present relevant evidence. The Commission shall act as finder of fact and is entitled to evaluate the credibility of witnesses and persuasiveness of the evidence. The affirmative votes of a majority of the whole Commission are required to grant or deny such waiver. The Board shall make appropriate investigations to determine any facts or recommendations that it deems necessary or proper to aid the Commission in making determinations pursuant to this subsection and subsection 7.

      9.  The Commission shall make a determination pursuant to subsections 7 and 8 with respect to a covered person or covered asset without regard to whether the conduct of the covered person or the use of the covered asset was ever the subject of a criminal proceeding for a violation of any provision of federal law or the law of any state, or whether the person has been prosecuted and the prosecution terminated in a manner other than with a conviction.

      10.  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.

      11.  A person who violates subsection 10 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; A 2011, 213, 1283, 1669; 2013, 4)

      NRS 463.755  Commission may require license for manufacturer and others selling, transferring or offering equipment associated with interactive gaming.

      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 is involved 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)

      NRS 463.760  Initial license fee for manufacturers; renewal fee.

      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)

      NRS 463.765  Initial license fee to operate interactive gaming; renewal fee; regulations relating to increasing and decreasing fees.

      1.  Unless a different fee is established pursuant to this section:

      (a) 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.

      (b) 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.

      (c) Notwithstanding the provisions of paragraphs (a) and (b) 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.

      (d) 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.

      2.  The Commission may, by regulation, increase the license fee pursuant to this section to not more than $1,000,000 and the renewal fee to not more than $500,000 if the Commission determines one or more of the following:

      (a) A higher fee is necessary to ensure licensees have the financial capacity to operate interactive gaming;

      (b) Regulatory costs to carry out the duties of the Commission and the Board, outside of investigative costs, require additional personnel or other regulatory expenditures;

      (c) A higher fee is necessary because of costs incurred or other conditions associated with entering into an interactive gaming agreement with one or more other states; or

      (d) Federal legislation requires a higher fee or imposes requirements necessitating the higher fee or making it advisable.

      3.  The Commission may, by regulation, reduce the license fee pursuant to this section to not less than $150,000 and the renewal fee to not less than $75,000 in the manner provided in this subsection. Any regulation adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS, and the Commission must not reduce the fees unless it determines two or more of the following:

      (a) The fee is not competitive with fees charged in other jurisdictions;

      (b) The low number of applicants demonstrates that the fee is too high;

      (c) A lower fee would generate greater competition in the market;

      (d) A lower fee is necessary because of conditions associated with entering into an interactive gaming agreement with one or more other states; or

      (e) Federal legislation requires a lower fee or makes a lower fee advisable.

      4.  Any increase or decrease in fees established by the Commission pursuant to this section applies to the issuance or renewal of a license on or after the effective date of the increase or decrease.

      (Added to NRS by 2001, 3078; A 2013, 8)

      NRS 463.767  Commission may adopt seal to identify certain gaming licenses; unauthorized use of seal; penalties.

      1.  The Commission may, with the advice and assistance of the Board, adopt a seal for its use to identify:

      (a) A license to operate interactive gaming;

      (b) A license for a manufacturer of interactive gaming systems;

      (c) A license for a manufacturer of equipment associated with interactive gaming; and

      (d) A license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      2.  The Chair of the Commission has the care and custody of the seal.

      3.  The seal must have imprinted thereon the words “Nevada Gaming Commission.”

      4.  A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the Commission. Except under circumstances where a greater penalty is provided in NRS 205.175, a person who violates this subsection is guilty of a gross misdemeanor.

      5.  A person convicted of violating subsection 4 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction. A court before whom a defendant is convicted of a violation of subsection 4 shall, for each violation, order the defendant to pay a civil penalty of $5,000. The money so collected:

      (a) Must not be deducted from any penal fine imposed by the court;

      (b) Must be stated separately on the court’s docket; and

      (c) Must be remitted forthwith to the Commission.

      (Added to NRS by 2013, 38)

      NRS 463.770  Monthly license fee based on gross revenue from operating interactive gaming; liability of manufacturer entitled to share revenue from interactive gaming system.

      1.  Unless federal law otherwise provides for a similar fee or tax, 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 the manufacturer of interactive gaming systems’ 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; 2011, 1672)

      NRS 463.775  Exemptions from certain fees and taxes.  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)

      NRS 463.780  Enforceability of interactive gaming debts.  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)

      NRS 463.785  Commission may authorize promotional schemes; regulations.  The Commission may, upon the recommendation of the Board, adopt regulations that allow promotional schemes to be conducted by licensed operators of interactive gaming in direct association with a licensed interactive gaming activity, contest or tournament that includes a raffle, drawing or other similar game of chance.

      (Added to NRS by 2013, 3307)

EMERGENCY RESPONSE PLANS

      NRS 463.790  Resort hotel required to maintain plan; contents; confidentiality.

      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)