[Rev. 1/17/2009 6:40:41 PM]
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 463.014 “Cashless wagering system” defined.
NRS 463.0141 “Chairman” 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 463.01465 “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 463.01643 “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 463.0172 “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 463.0179 “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.
NEVADA GAMING COMMISSION
NRS 463.022 Creation; number of members.
NRS 463.023 Members: Qualifications and eligibility.
NRS 463.024 Members: Appointment; Chairman; 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; Chairman 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; regulations 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.
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.
NRS 463.162 State gaming license required where equipment, services or property delivered or furnished for gaming interest or revenue; exemptions.
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 463.167 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 Chairman to approve transfer of interest in license, registration, finding of suitability or approval to or from inter vivos trust; approval of Chairman 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.
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.
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 400,000.
NRS 463.325 Collection and disposition of county fees for licenses in county whose population is 400,000 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 463.332 Account for Investigating Cash Transactions of Gaming Licensees: Creation; use; claims.
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 463.3351 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 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 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 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 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. [Effective through September 30, 2008.]
NRS 463.342 Person with disability entitled to services of interpreter at hearing. [Effective October 1, 2008.]
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.
RECOVERY OF GAMING DEBTS BY LICENSEES
NRS 463.368 Credit instruments: Validity; enforcement; redemption; penalties; regulations.
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 corporate gaming operations.
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; adoption of 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 463.440 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 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 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 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 Chairman 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 Chairman 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 of partners and other persons.
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 Chairman 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 of members, directors, managers and other persons.
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; exceptions; applicability of NRS 463.482 to 463.645, inclusive.
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 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 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 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 gaming devices, associated equipment, cashless wagering systems, mobile gaming systems and interactive gaming systems; fees.
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 463.750 License required for person to operate interactive gaming or to manufacture interactive gaming systems; 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.
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.
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)
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)—(Substituted in revision for NRS 463.0104)
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 463.014 “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 are determined, monitored and retained on a computer that maintains a record of each transaction involving the wagering instrument and is operated and maintained by a licensee.
(Added to NRS by 1993, 829; A 1995, 1496; 1997, 3497)
NRS 463.0141 “Chairman” defined. “Chairman” means the Chairman and Executive Director of the State Gaming Control Board or the Chairman of the Nevada Gaming Commission.
(Added to NRS by 1967, 1039; A 1971, 765)—(Substituted in revision for NRS 463.0105)
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)—(Substituted in revision for NRS 463.0107)
NRS 463.0146 “Commissioner” defined. “Commissioner” means a member of the Nevada Gaming Commission.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS 463.0108)
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 463.01465 “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)—(Substituted in revision for NRS 463.0109)
NRS 463.015 “Executive Director” defined. “Executive Director” means the Chairman and Executive Director of the State Gaming Control Board.
(Added to NRS by 1971, 764)—(Substituted in revision for NRS 463.01092)
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 equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss. The term includes:
1. A slot machine.
2. A collection of two or more of the following components:
(a) An assembled electronic circuit which cannot be reasonably demonstrated to have any use other than in a slot machine;
(b) A cabinet with electrical wiring and provisions for mounting a coin, token or currency acceptor and provisions for mounting a dispenser of coins, tokens or anything of value;
(c) A storage medium containing the source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than in a slot machine;
(d) An assembled video display unit;
(e) An assembled mechanical or electromechanical display unit intended for use in gambling; or
(f) An assembled mechanical or electromechanical unit which cannot be demonstrated to have any use other than in a slot machine.
3. Any mechanical, electrical or other device which may be connected to or used with a slot machine to alter the normal criteria of random selection or affect the outcome of a game.
4. A system for the accounting or management of any game in which the result of the wager is determined electronically by using any combination of hardware or software for computers.
5. Any combination of one of the components set forth in paragraphs (a) to (f), inclusive, of subsection 2 and any other component which the Commission determines by regulation to be a machine used directly or remotely in connection with gaming or any game which affects the results of a wager by determining a win or loss.
(Added to NRS by 1967, 1039; A 1981, 1074; 1985, 2135; 1993, 307)
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) Boxmen;
(c) Cashiers;
(d) Change personnel;
(e) Counting room personnel;
(f) Dealers;
(g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;
(h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;
(i) Employees whose duties are directly involved with the manufacture, repair or distribution of gaming devices, cashless wagering systems, mobile gaming systems, equipment associated with mobile gaming systems, interactive gaming systems or equipment associated with interactive gaming;
(j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;
(k) Employees of operators of inter-casino linked systems, mobile gaming systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;
(l) Employees whose responsibilities include performing the duties relating to the process of registration of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;
(m) Floormen;
(n) Hosts or other persons empowered to extend credit or complimentary services;
(o) Keno runners;
(p) Keno writers;
(q) Machine mechanics;
(r) Odds makers and line setters;
(s) Security personnel;
(t) Shift or pit bosses;
(u) Shills;
(v) Supervisors or managers;
(w) Ticket writers; and
(x) Employees of a person required by NRS 463.160 to be licensed to operate an information service.
2. “Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.
(Added to NRS by 1981, 1067; A 1985, 2135; 1987, 413; 1989, 666; 1991, 1837; 1993, 308; 1995, 756; 1997, 1117, 3498; 2001, 3079; 2005, 716; 2007, 1102)
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)—(Substituted in revision for NRS 463.0113)
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 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)
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)—(Substituted in revision for NRS 463.0115)
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 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 does not include the operation of a race book or sports pool that uses communications technology approved by the Board pursuant to regulations adopted by the Commission to accept wagers originating within this state for races or sporting events.
2. As used in this section, “communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wire, cable, radio, microwave, light, optics or computer data networks, including, without limitation, the Internet and intranets.
(Added to NRS by 2001, 3075)
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)—(Substituted in revision for NRS 463.0118)
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 463.0172 “Manufacturer” defined. “Manufacturer” means a person who:
1. Manufactures, assembles, programs or makes modifications to a gaming device, cashless wagering system, mobile gaming system or interactive gaming system; or
2. Designs, assumes responsibility for the design of, controls the design or assembly of, or maintains a copyright over the design of, a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in this State or for distribution outside of this State.
(Added to NRS by 1993, 829; A 2001, 3080; 2005, 717)
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)—(Substituted in revision for NRS 463.0120)
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)—(Substituted in revision for NRS 463.0121)
NRS 463.0176 “Mobile gaming” defined. “Mobile gaming” means the conduct of gambling games through communications devices operated solely in public areas of an establishment which holds a nonrestricted gaming license and which operates at least 100 slot machines and at least one other game by the use of communications technology that allows a person to transmit information to a computer to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. For the purposes of this section:
1. “Communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wireless network, wireless fidelity, wire, cable, radio, microwave, light, optics or computer data networks. The term does not include the Internet.
2. “Public areas” does not include rooms available for sleeping or living accommodations.
(Added to NRS by 2005, 715)
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 463.0179 “Operation” defined. “Operation” means the conduct of gaming.
(Added to NRS by 1967, 1039)—(Substituted in revision for NRS 463.0122)
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)—(Substituted in revision for NRS 463.0123)
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)—(Substituted in revision for NRS 463.0125)
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. More than 200 rooms available for sleeping accommodations;
2. At least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;
3. At least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and
4. A gaming area within the building or group of buildings.
(Added to NRS by 1991, 1405)
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)—(Substituted in revision for NRS 463.0126)
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 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)
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 by any system or method of wagering.
(Added to NRS by 1975, 673; A 1997, 3500)
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 or gaming device and is obtained by the payment of cash or a cash equivalent, the use of a wagering instrument or the electronic transfer of money.
(Added to NRS by 1995, 1495)
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 deputies are the legal advisers for the Commission and the Board and shall represent the Commission and the Board in any proceeding to which either is a party.
[9:429:1955]—(NRS A 1959, 432; 1967, 1500; 1971, 1439; 1977, 1428; 1979, 649; 1981, 1281)—(Substituted in revision for NRS 463.090)
GAMING POLICY COMMITTEE
NRS 463.021 Creation; composition; terms; meetings; recommendations advisory and not binding; Review Panel of Committee to consider certain appeals.
1. The Gaming Policy Committee, consisting of the Governor as Chairman and 10 members, is hereby created.
2. The Committee must be composed of:
(a) One member of the Commission, designated by the Chairman of the Commission;
(b) One member of the Board, designated by the Chairman of the Board;
(c) One member of the Senate appointed by the Legislative Commission;
(d) One member of the Assembly appointed by the Legislative Commission;
(e) One enrolled member of a Nevada Indian tribe appointed by the Inter-Tribal Council of Nevada, Inc.; and
(f) Five members appointed by the Governor for terms of 2 years as follows:
(1) Two representatives of the general public;
(2) Two representatives of nonrestricted gaming licensees; and
(3) One representative of restricted gaming licensees.
3. Members who are appointed by the Governor serve at the pleasure of the Governor.
4. Members who are Legislators serve terms beginning when the Legislature convenes and continuing until the next regular session of the Legislature is convened.
5. Except as otherwise provided in subsection 6, the Governor may call meetings of the Gaming Policy Committee for the exclusive purpose of discussing matters of gaming policy. The recommendations concerning gaming policy made by the Committee pursuant to this subsection are advisory and not binding on the Board or the Commission in the performance of their duties and functions.
6. An appeal filed pursuant to NRS 463.3088 may be considered only by a Review Panel of the Committee. The Review Panel must consist of the members of the Committee who are identified in paragraphs (a), (b) and (e) of subsection 2 and subparagraph (1) of paragraph (f) of subsection 2.
(Added to NRS by 1961, 360; A 1971, 765; 1977, 1421; 1993, 1164; 1997, 1710)
NEVADA GAMING COMMISSION
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; Chairman; terms; removal.
1. The Governor shall appoint members of the Commission and designate the member to serve as Chairman of the Commission.
2. After the initial terms, the term of office for each member of the Commission is 4 years.
3. Any commissioner may be removed by the Governor:
(a) If, in his opinion, that commissioner is guilty of malfeasance in office or neglect of duty.
(b) At any time without stated cause with the concurrence of a majority of the Legislative Commission.
(Added to NRS by 1959, 429; A 1961, 359; 1981, 66)
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 his office, each member shall subscribe to the constitutional oath of office and, in addition, swear that he is not actively engaged in nor does he hold a direct pecuniary interest in gaming activities.
(Added to NRS by 1959, 430)
NRS 463.026 Members: Salaries. The Chairman of the Commission is entitled to an annual salary of $55,000. Each of the other members is entitled to an annual salary of $40,000.
(Added to NRS by 1959, 430; A 1969, 648; 1981, 1107; 1985, 1879; 1991, 1921; 1995, 1497)
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)
1. The Commission shall keep its main office at Carson City, Nevada, in conjunction with the Board in rooms provided by the Buildings and Grounds Division of the Department of Administration.
2. The Commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the Buildings and Grounds Division.
(Added to NRS by 1959, 430; A 1961, 662; 1963, 1070; 1973, 1475; 1993, 1636)
1. Regular and special meetings of the Commission may be held, at the discretion of the Commission, at such times and places as it may deem convenient, but at least one regular meeting may be held each month on or after the 15th day of the month.
2. A majority of the members is a quorum of the Commission.
(Added to NRS by 1959, 430; A 1983, 1444)
STATE GAMING CONTROL BOARD
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 Chairman of the Board, who is its Executive Director, must have at least 5 years of responsible administrative experience in public or business administration or possess broad management skills.
5. One member of the Board must be a certified public accountant licensed by this state or another state of the United States or a public accountant qualified to practice public accounting under the provisions of chapter 628 of NRS, have 5 years of progressively responsible experience in general accounting, and have a comprehensive knowledge of the principles and practices of corporate finance; or such person must possess the qualifications of an expert in the fields of corporate finance and auditing, general finance, gaming or economics.
6. One member of the Board must be selected with special reference to his training and experience in the fields of investigation, law enforcement, law or gaming.
[4:429:1955]—(NRS A 1959, 431; 1971, 766; 1981, 677)
NRS 463.050 Members: Appointment; terms; Chairman 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 Chairman and Executive Director, who shall coordinate the activities of the Board.
3. The Governor may remove any member for misfeasance, malfeasance or nonfeasance in office. Removal may be made after:
(a) The member has been served with a copy of the charges against him; and
(b) A public hearing before the Governor is held upon the charges, if requested by the member charged.
Ê The request for a public hearing must be made within 10 days after service upon such member of the charges. If a hearing is not requested, a member is removed effective 10 days after service of charges upon him. A record of the proceedings at the public hearing must be filed with the Secretary of State.
[5:429:1955]—(NRS A 1959, 431; 1961, 360; 1971, 767; 1973, 1266; 1981, 66; 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 entire time and attention to the business of the Board and shall not pursue any other business or occupation or hold any other office of profit.
2. A member shall not be:
(a) A member of any political convention.
(b) A member of any committee of any political party, or engage in any party activities.
3. A member shall not be pecuniarily interested in any business or organization holding a gaming license under this chapter or doing business with any person or organization licensed under this chapter.
4. Before entering upon the duties of his office, each member shall subscribe to the constitutional oath of office and, in addition, swear that he is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization. The oath of office shall be filed in the Office of the Secretary of State.
[6:429:1955]—(NRS A 1959, 431; 1975, 934; 1977, 1114; 1997, 619)
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; regulations concerning employees.
1. The Board, with the approval of the Commission, may:
(a) Establish, and from time to time alter, such a plan of organization as it may deem expedient.
(b) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and other things as it may deem necessary or desirable in carrying out its functions.
(c) Incur such other expenses, within the limit of money available to it, as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of administration incurred by the Board must be paid out on claims from the State General Fund in the same manner as other claims against the State are paid.
3. The Board shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Board and Commission may require.
4. The members of the Board and all the personnel of the Board, except clerical employees and employees described in NRS 284.148, are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the Board prescribes, but such leaves must not be of lesser duration than those provided for other state employees pursuant to chapter 284 of NRS. Employees described in NRS 284.148 are subject to the limitations specified in that section.
5. Clerical employees of the Board are in the classified service but are exempt from the provisions of chapter 284 of NRS for purposes of removal. They are entitled to receive an annual salary which must be fixed in accordance with the pay plan adopted under the provisions of that chapter.
6. The Board and the Commission shall, by suitable regulations, establish a comprehensive plan governing employment, job classifications and performance standards, and retention or discharge of employees to assure that termination or other adverse action is not taken against such employees except for cause. The regulations must include provisions for hearings in personnel matters and for review of adverse actions taken in those matters.
[8:429:1955]—(NRS A 1959, 432; 1965, 1032; 1967, 1028, 1499; 1971, 767; 1981, 1074; 1993, 2092)
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 entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
3. The Executive Secretary is entitled to an annual salary in the amount specified by the Commission within the limits of legislative appropriations or authorizations.
(Added to NRS by 1971, 765; A 1971, 1438; 1979, 773; 1997, 619)
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)
1. The Board shall keep its main office at Carson City, Nevada, in conjunction with the Commission in rooms provided by the Buildings and Grounds Division of the Department of Administration.
2. The Board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the Buildings and Grounds Division.
[10:429:1955]—(NRS A 1959, 432; 1961, 662; 1963, 1070; 1973, 1475; 1993, 1636)
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 subsection and subsection 5, all information and data:
(a) Required by the Board or Commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicant’s criminal record, antecedents and background which have been furnished to or obtained by the Board or Commission from any source;
(c) Provided to the members, agents or employees of the Board or Commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;
(d) Obtained by the Board from a manufacturer, distributor or operator, or from an operator of an inter-casino linked system, relating to the manufacturing of gaming devices or the operation of an inter-casino linked system; or
(e) Prepared or obtained by an agent or employee of the Board or Commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of this chapter,
Ê are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the Board or Commission.
5. Before the beginning of each legislative session, the Board shall submit to the Legislative Commission for its review and for the use of the Legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
6. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the Commission.
7. The files, records and reports of the Board are open at all times to inspection by the Commission and its authorized agents.
8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada Tax Commission must be made available to the Board and the Nevada Gaming Commission as is necessary to the administration of this chapter.
9. The Nevada Gaming Commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by him, if after 5 years it remains impossible or impracticable to collect such amounts. The Commission shall establish a master file containing the information removed from its official records by this section.
[12:429:1955]—(NRS A 1959, 433; 1971, 672; 1979, 773; 1981, 1075; 1985, 1553, 1862; 1993, 309, 2118, 2128; 1995, 201, 1497, 1503; 1997, 3314; 1999, 950)
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, for the purpose of obtaining an exemption from the requirements of the Department of Treasury on reporting and keeping of records by casinos, require nonrestricted licensees with an annual gross revenue of $1,000,000 or more to report and keep records of all transactions involving cash.
2. A gaming licensee, or a director, officer, employee, affiliate or agent of the gaming licensee, who makes a disclosure to the Commission, the Board or any other law enforcement agency of a possible violation or circumvention of law or regulation regarding a transaction involving cash has absolute immunity from civil liability for that disclosure or for the failure to notify a person involved in the transaction or any other person of that disclosure.
3. The absolute privilege set forth in NRS 463.3407 also applies to the copy of a report of a suspicious transaction filed with the Board as required by regulations adopted pursuant to subsection 1.
(Added to NRS by 1985, 1299; A 1997, 214)
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 premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.
(e) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a licensee whom the Board or Commission knows or reasonably suspects is involved in the financing, operation or management of the licensee. The inspection, examination, photocopying and audit may take place on the affiliate’s premises or elsewhere as practicable, and in the presence of the affiliate or its agent.
3. For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the Board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for 1 year after the date of the surrender or revocation of his gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.
4. The Board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter, chapter 205 of NRS involving a crime against the property of a gaming licensee, NRS 207.195 or chapter 462, 463B, 464, 465 or 466 of NRS.
5. The Board and the Commission or any of its members has full power and authority to issue subpoenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The Board or the Commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the Board or Commission is guilty of perjury. The Board and Commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
[14:429:1955]—(NRS A 1959, 434; 1967, 1597; 1971, 541, 2079; 1975, 674; 1977, 1429, 1443, 1598; 1979, 1012; 1981, 1076; 1991, 1838, 2263; 1993, 575, 580, 2119, 2533; 1995, 427, 703)
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)
NRS 463.1445 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 the initial meeting of the Commission and 20 days before any subsequent meeting at which the adoption, amendment or repeal of a regulation is considered, notice of the proposed action must be:
(1) Published in such newspaper as the Commission prescribes;
(2) Mailed to every person who has filed a request therefor with the Commission; and
(3) When the Commission deems advisable, mailed to any person whom the Commission believes would be interested in the proposed action, and published in such additional form and manner as the Commission prescribes.
(b) The notice of proposed adoption, amendment or repeal must include:
(1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;
(2) Reference to the authority under which the action is proposed; and
(3) Either the express terms or an informative summary of the proposed action.
(c) On the date and at the time and place designated in the notice, the Commission shall afford any interested person or his authorized representative, or both, the opportunity to present statements, arguments or contentions in writing, with or without opportunity to present them orally. The Commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.
(d) Any interested person may file a petition with the Commission requesting the adoption, amendment or repeal of a regulation. The petition must state, clearly and concisely:
(1) The substance or nature of the regulation, amendment or repeal requested;
(2) The reasons for the request; and
(3) Reference to the authority of the Commission to take the action requested.
Ê Upon receipt of the petition, the Commission shall within 45 days deny the request in writing or schedule the matter for action pursuant to this subsection.
(e) In emergencies, the Commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of the facts constituting the emergency.
2. In any hearing held pursuant to this section, the Commission or its authorized representative may administer oaths or affirmations, and may continue or postpone the hearing from time to time and at such places as it prescribes.
3. The Commission may request the advice and assistance of the Board in carrying out the provisions of this section.
(Added to NRS by 1959, 436; A 1965, 322; 1969, 312; 1973, 1267; 1977, 1418; 1987, 185; 1993, 310; 2005, 22nd Special Session, 145)
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 application by the Board.
(b) Prescribing the information to be furnished by any applicant or licensee concerning his antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c) Prescribing the information to be furnished by a licensee relating to his gaming employees.
(d) Requiring fingerprinting of an applicant or licensee or employee of a licensee or other methods of identification.
(e) Prescribing the manner and procedure of all hearings conducted by the Board or Commission or any hearing examiner of the Board or Commission, including special rules of evidence applicable thereto and notices thereof.
(f) Requiring any applicant to pay all or any part of the fees and costs of investigation of such applicant as may be determined by the Board.
(g) Prescribing the manner and method of collection and payment of fees and issuance of licenses.
(h) Defining and limiting the area, games and devices permitted, and the method of operation of such games and devices for the purposes of this chapter.
(i) Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.
(j) Governing the manufacture, sale and distribution of gambling devices and equipment.
(k) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the Board or Commission, except any privilege afforded by the Constitutions of the United States or this state.
(l) Prescribing the qualifications of, and the conditions under which, attorneys, accountants and others are permitted to practice before the Board or Commission.
[15:429:1955]—(NRS A 1959, 435; 1967, 1598; 1969, 463; 1973, 1268; 1981, 1078)
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 he should have his name taken from such a list. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects his right to petition for judicial review as provided in paragraph (b) of subsection 3.
2. Upon receipt of a demand for hearing, the Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by agreement of the Commission and the person demanding the hearing.
3. If, upon completion of the hearing, the Commission determines that:
(a) The regulation does not or should not apply to the person so listed, the Commission shall notify all persons licensed under NRS 463.220 and 463.225 of its determination.
(b) Placing the person on the exclusion or ejection list was proper, the Commission shall make and enter in its minutes an order to that effect. This order is subject to review by any court of competent jurisdiction in accordance with the provisions of NRS 463.315 to 463.318, inclusive.
(Added to NRS by 1967, 1041; A 1983, 1552; 1985, 717; 1987, 186)
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 he thereafter enters the premises of a licensed gaming establishment which conducts pari-mutuel wagering or operates any race book, sports pool or games, other than slot machines only, without first having obtained a determination by the Commission that he should not have been placed on the list of persons to be excluded or ejected.
(Added to NRS by 1967, 1042; A 1977, 1431; 1981, 541; 1985, 2136)
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 Commission shall determine the amount of the increase or decrease required by this subsection and establish the adjusted amounts of annual gross revenue in effect for the succeeding calendar year. The audits, compilations and reviews provided for in subsections 1 and 2 must be made by independent accountants holding permits to practice public accounting in the State of Nevada.
4. Except as otherwise provided in subsection 5, for every audit required pursuant to this section:
(a) The independent accountants shall submit an audit report which must express an unqualified or qualified opinion or, if appropriate, disclaim an opinion on the statements taken as a whole in accordance with standards for the accounting profession established by rules and regulations of the Nevada State Board of Accountancy, but the preparation of statements without audit does not constitute compliance.
(b) The examination and audit must disclose whether the accounts, records and control procedures maintained by the licensee are as required by the regulations published by the Commission pursuant to NRS 463.156 to 463.1592, inclusive.
5. If the license of a nonrestricted licensee is terminated within 3 months after the end of a period covered by an audit, the licensee may submit compiled statements in lieu of an additional audited statement for the licensee’s final period of business.
(Added to NRS by 1967, 1277; A 1971, 673; 1985, 2137; 1991, 2255; 1997, 3500)
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 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)—(Substituted in revision for NRS 463.1594)
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 Chairman of the Board grants administrative approval of a request by a gaming licensee to charge such a fee; and
(2) Such administrative approval is not revoked or suspended by the Chairman of the Board.
(b) The Chairman of the Board may, in his sole and absolute discretion, grant, deny, limit, condition, restrict, revoke or suspend any administrative approval of a request by a gaming licensee to charge a fee pursuant to this section. In considering such a request, the Chairman of the Board shall consider all relevant factors, including, without limitation:
(1) The size of the area;
(2) The amount of gaming that occurs within the area;
(3) The types and quantity of gaming offered;
(4) The business purpose of the area;
(5) Other amenities that are offered within the area;
(6) The amount of the costs and expenses incurred in creating the area;
(7) The benefit to the State in having gaming conducted within the area;
(8) The amount of the fee charged and whether the fee charged is unreasonable as compared to the prevailing practice within the industry; and
(9) Whether the area should more appropriately be treated as a gaming salon.
Ê The decision of the Chairman of the Board regarding such a request may be appealed by the gaming licensee to the Commission pursuant to its regulations.
(c) A gaming licensee who charges a fee pursuant to this section:
(1) Shall deposit with the Board and thereafter maintain a refundable revolving fund in an amount determined by the Commission to pay the expenses of admission of agents of the Board or Commission to the area for which a fee for admission is charged.
(2) Shall arrange for access by agents of the Board or Commission to the area for which a fee for admission is charged.
(3) Shall, at all times that a fee is charged for admission to an area pursuant to this section in an establishment for which a nonrestricted license has been issued, provide for the public at least the same number of gaming devices and games in a different area for which no fee is charged for admission.
(4) Shall, at all times that a fee is charged for admission to an area pursuant to this section in an establishment for which a restricted license has been issued, post a sign of a suitable size in a conspicuous place near the entrance of the establishment that provides notice to patrons that they do not need to pay an admission fee or cover charge to engage in gaming.
(5) Shall not use a fee charged for admission to create a private gaming area that is not operated in association or conjunction with a nongaming activity, attraction or facility.
(6) Shall not restrict admission to the area for which a fee for admission is charged to a patron on the ground of race, color, religion, national origin or disability of the patron, and any unresolved dispute with a patron concerning restriction of admission shall be deemed a dispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362 to 463.366, inclusive.
(d) If a gaming licensee who holds a nonrestricted license charges a fee pursuant to this section, unless the area for which a fee for admission is charged is otherwise subject to the excise tax on admission to any facility in this State where live entertainment is provided pursuant to chapter 368A of NRS, the determination of the amount of the liability of the gaming licensee for that tax:
(1) Includes the fees charged for admission pursuant to this section; and
(2) Does not include charges for food, refreshments and merchandise collected in the area for which admission is charged.
(Added to NRS by 2005, 1355)
REGULATION OF PERSONS INVOLVED IN GAMING
NRS 463.160 Licenses required; unlawful to permit certain gaming activities to be conducted without license; exceptions.
1. Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool;
(b) To provide or maintain any information service;
(c) To operate a gaming salon; or
(d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, mobile gaming system, race book or sports pool,
Ê without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
2. The licensure of an operator of an inter-casino linked system is not required if:
(a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or
(b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.
3. Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed pursuant to this chapter, or his employee.
4. The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.
5. As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.
[16:429:1955]—(NRS A 1959, 437; 1961, 662; 1965, 1032; 1967, 1029, 1591; 1969, 372; 1971, 229; 1975, 675; 1977, 1423; 1979, 775, 1014, 1523; 1981, 1078; 1983, 140; 1985, 2137; 1989, 708, 969; 1995, 758; 1997, 117, 1118, 3500; 2001, 897; 2003, 1170; 2005, 717)
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 NRS 279.382 to 279.685, inclusive, in accordance with a final order of condemnation entered before June 17, 2005; or
(b) The establishment was acquired or displaced pursuant to a redevelopment project undertaken by an agency created pursuant to NRS 279.382 to 279.685, inclusive, in accordance with a final order of condemnation entered on or after June 17, 2005, and the new location of the establishment is within the same redevelopment area as the former location of the establishment.
(Added to NRS by 1991, 1405; A 1993, 2048; 1995, 2234; 2005, 718, 2210)
NRS 463.161 License to operate 15 or fewer slot machines: Conditions. 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 463.162 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 he leases the property directly to the licensee or through an intermediary.
(b) Repairs, rebuilds or modifies any gaming device.
(c) Manufactures or distributes chips or gaming tokens for use in this state.
6. If the Commission finds a person described in subsection 5 unsuitable, a licensee shall not enter into any contract or agreement with that person without the prior approval of the Commission. Any other agreement between the licensee and that person must be terminated upon receipt of notice of the action by the Commission. Any agreement between a licensee and a person described in subsection 5 shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the Commission that the person is unsuitable. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the Board within 30 days after demand, the Commission may pursue any remedy or combination of remedies provided in this chapter.
(Added to NRS by 1981, 1069; A 1987, 323; 1989, 403; 1991, 798; 1993, 1996)
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 he do so.
3. If an employee required to be licensed under subsection 1:
(a) Does not apply for a license within 30 days after being requested to do so by the Commission, and the Commission makes a finding of unsuitability for that reason;
(b) Is denied a license; or
(c) Has his license revoked by the Commission,
Ê the licensee by whom he is employed shall terminate his employment in any capacity in which he is required to be licensed and shall not permit him to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail of that action.
4. A gaming licensee or an affiliate of the licensee shall not pay to a person whose employment has been terminated pursuant to subsection 3 any remuneration for any service performed in any capacity in which he is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the action by the Commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the Commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
5. A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the Commission, enter into any contract or agreement with a person who is found unsuitable or who is denied a license or whose license is revoked by the Commission, 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 his 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 463.167 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 he has registered with the Board in the manner prescribed by the Board and supplied such information as the Commission requires or unless he is an officer or employee of the licensee.
2. Any person who conducts a tournament or contest on behalf of or in conjunction with a gaming licensee may be required by the Commission to be licensed by it as well as registered with the Board. Any person so required must apply for a license within 30 days after the decision of the Commission requiring him to obtain the license.
3. If any person required to be licensed pursuant to subsection 2:
(a) Does not apply for a license within 30 days after the decision of the Commission that he must be licensed, and the Commission finds him unsuitable for that reason; or
(b) Is denied a license,
Ê the gaming licensee with whom he is associated shall terminate that association upon notification from the Commission by registered or certified mail of its action.
(Added to NRS by 1985, 2134)
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 his qualification to receive any license, be found suitable or receive any approval required by this chapter is on the applicant.
2. An application to receive a license or be found suitable must not be granted unless the Commission is satisfied that the applicant is:
(a) A person of good character, honesty and integrity;
(b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this State or to the effective regulation and control of gaming or charitable lotteries, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or charitable lotteries or in the carrying on of the business and financial arrangements incidental thereto; and
(c) In all other respects qualified to be licensed or found suitable consistently with the declared policy of the State.
3. A license to operate a gaming establishment or an inter-casino linked system must not be granted unless the applicant has satisfied the Commission that:
(a) The applicant has adequate business probity, competence and experience, in gaming or generally; and
(b) The proposed financing of the entire operation is:
(1) Adequate for the nature of the proposed operation; and
(2) From a suitable source.
Ê Any lender or other source of money or credit which the Commission finds does not meet the standards set forth in subsection 2 may be deemed unsuitable.
4. An application to receive a license or be found suitable constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate or engage in, or be associated with gaming or the operation of a charitable lottery, as appropriate. Any written or oral statement made in the course of an official proceeding of the Board or Commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
5. The Commission may in its discretion grant a license to:
(a) A publicly traded corporation which has complied with the provisions of NRS 463.625 to 463.643, inclusive;
(b) Any other corporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive;
(c) A limited partnership which has complied with the provisions of NRS 463.564 to 463.571, inclusive; and
(d) A limited-liability company which has complied with the provisions of NRS 463.5731 to 463.5737, inclusive.
6. No limited partnership, except one whose sole limited partner is a publicly traded corporation which has registered with the Commission, or a limited-liability company, or business trust or organization or other association of a quasi-corporate character is eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.
7. The Commission may, by regulation:
(a) Limit the number of persons who may be financially interested and the nature of their interest in any corporation, other than a publicly traded corporation, limited partnership, limited-liability company or other organization or association licensed under this chapter; and
(b) Establish such other qualifications for licenses as it may, in its discretion, deem to be in the public interest and consistent with the declared policy of the State.
[17:429:1955]—(NRS A 1959, 438; 1967, 1585; 1977, 1431; 1979, 1526; 1991, 2264; 1993, 185, 1999; 1995, 202; 1997, 3501; 1999, 952)
NRS 463.172 Power of Chairman to approve transfer of interest in license, registration, finding of suitability or approval to or from inter vivos trust; approval of Chairman required before amendment to inter vivos trust effective.
1. The Chairman of the Board, in his sole and absolute discretion, may:
(a) Provide written approval for a person to transfer an interest for which he has been licensed, registered, found suitable or approved, to or from an inter vivos trust; and
(b) Administratively approve any licensing, registration, finding of suitability or approval required for the person, the trust or the interest as a result of the transfer.
2. An administrative approval received pursuant to this section relates back to the date on which the trust was executed.
3. Prior written administrative approval from the Chairman of the Board must be obtained before any amendment to such a trust is effective.
(Added to NRS by 1981, 1249; A 1995, 203; 1997, 117)
NRS 463.173 Restrictions on person denied license or found unsuitable.
1. A person who has had his application for a license denied or who has been found unsuitable by the Commission:
(a) Is not entitled to profit from his investment in a:
(1) Corporation other than a publicly traded corporation, as that term is defined in NRS 463.487;
(2) Partnership;
(3) Limited partnership;
(4) Limited-liability company; or
(5) Joint venture,
Ê which has applied for or been granted a license.
(b) Shall not retain his interest in a corporation, partnership, limited partnership, limited-liability company or joint venture beyond that period prescribed by the Commission.
(c) Shall not accept more for his interest in a corporation, partnership, limited partnership, limited-liability company or joint venture than he paid for it or the market value on the date of the denial of the license or the finding of unsuitability.
2. The Board or Commission may proceed pursuant to NRS 463.141 to enforce the provisions of subsection 1.
(Added to NRS by 1985, 2133; A 1993, 2000)
NRS 463.174 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 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 he is the holder of a valid state license and unless he meets such other qualifications as may be imposed by any valid county ordinance.
2. A county shall not deny a gaming license, finding of suitability or approval to a person solely because he is not a citizen of the United States.
[18:429:1955]—(NRS A 1979, 1170)
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 he has in force valid state and county licenses, as well as any licenses required by the city or town.
2. A city or town shall not deny a gaming license, finding of suitability or approval to a person solely because he is not a citizen of the United States.
[19:429:1955]—(NRS A 1979, 1171; 1983, 140)
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 his place or places of business.
(c) The gambling games, gaming device or slot machines to be operated.
(d) The names of all persons directly or indirectly interested in the business and the nature of such interest.
(e) Such other information and details as the Board may require in order to discharge its duty properly.
3. If the application is for a restricted license on premises not owned by the applicant, the application must include a sworn and notarized statement from the owner or lessor of the premises indicating whether the consideration paid by the applicant for the use of the premises has been or will be increased because of the operation of gaming on the premises.
4. The Board shall furnish to the applicant supplemental forms, which the applicant shall complete and file with the application. Such supplemental forms must require, but must not be limited to, complete information and details with respect to the applicant’s antecedents, habits, character, criminal record, business activities, financial affairs and business associates, covering at least a 10-year period immediately preceding the date of filing of the application.
[20:429:1955]—(NRS A 1975, 677; 2001, 3080)
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 him to engage in the gaming, manufacturing, selling, distributing or pari-mutuel wagering operation for which he is licensed, together with an enumeration of the specific terms and conditions of the license. The Commission shall prepare and maintain a written record of the specific terms and conditions of any license issued and of any modification to the license. A duplicate of the record must be delivered to the applicant or licensee upon request.
2. The Commission shall fix the amount of the bond to be required pursuant to subsection 1 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the Commission to the payment of any unpaid liability of the licensee pursuant to this chapter.
3. In lieu of a bond an applicant may deposit with the Commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Commission.
4. If the requirement for a bond is satisfied in:
(a) Cash, the Commission shall deposit the money in the State Treasury for credit to the Account for Bonds of State Gaming Licensees, which is hereby created in the State Agency Fund for Bonds.
(b) Any other authorized manner, the security must be placed without restriction at the disposal of the Commission, but any income must inure to the benefit of the licensee.
(Added to NRS by 1985, 716; A 1987, 187; 1989, 1073; 1991, 925, 1774, 1827)
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 his personal financial statement; and
(c) Any other information which the Board finds is required by all or a majority of these counties and cities or the State.
Ê In preparing these basic forms the Board shall consider the form which it requires of applicants for a state gaming license, and to the greatest extent possible shall so design the forms for local use that a copy or partial copy of the State’s form supplies the information required.
2. Each county and city which licenses gaming shall use the basic documents whose form is prescribed by the Board, and may require only such additional information as is not contained in those documents. Each county and city is responsible for reproducing blank forms as required.
(Added to NRS by 1981, 693)
NRS 463.245 Single establishment not to contain more than one licensed operation; exceptions.
1. Except as otherwise provided in this section:
(a) All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.
(b) A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.
2. A person who has been issued a nonrestricted gaming license may establish a sports pool or race book on the premises of the establishment at which he conducts a nonrestricted gaming operation only after obtaining permission from the Commission.
3. A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at another establishment if the second establishment is operated by a person who has been issued a nonrestricted license.
4. Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games in accordance with the provisions of this chapter and the regulations adopted by the Commission. An inter-casino linked system must not be used to link games other than slot machines, unless such games are located at an establishment that is licensed for games other than slot machines.
5. The provisions of this section do not apply to a license to operate a mobile gaming system or to operate interactive gaming.
(Added to NRS by 1981, 374; A 1985, 2138; 1989, 1096; 1991, 378; 1995, 759; 1999, 953; 2001, 3081; 2005, 718)
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 him a valid and subsisting license obtained from such county or incorporated city, located within his county, permitting the operation of such slot machine, game or device at the location applied for within the boundaries of such county or incorporated city.
[25:429:1955]—(NRS A 1959, 441)
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 his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
7. If any licensee or other person fails to renew his license as provided in this section, the Commission may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. Except for a license for which fees are based on the gross revenue of the licensee, failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
8. The voluntary surrender of a license by a licensee does not become effective until accepted in the manner provided in the regulations of the Commission. The surrender of a license does not relieve the former licensee of any penalties, fines, fees, taxes or interest due.
[27:429:1955]—(NRS A 1959, 441; 1961, 366; 1965, 950, 1033; 1967, 673, 819, 884, 1251; 1969, 187; 1975, 679; 1977, 1405; 1981, 1083; 1983, 214, 1333; 1985, 2138; 1989, 853; 1993, 311; 2003, 20th Special Session, 208)
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 400,000, any other location within the same local governmental jurisdiction as the existing location of the establishment, if the move and transfer are necessary because the existing location of the establishment has been taken by the State or a local government through condemnation or eminent domain in accordance with a final order of condemnation entered on or after June 17, 2005.
2. The Board shall not approve a move and transfer pursuant to subsection 1 unless, before the move and transfer, the licensee receives all necessary approvals from the local government having jurisdiction over the location to which the establishment wants to move and transfer its license.
3. Before a move and transfer pursuant to subsection 1, the Board may require the licensee to apply for a new license pursuant to the provisions of this chapter.
4. The provisions of subsection 1 do not apply to an establishment that is:
(a) A resort hotel; or
(b) Located in a county, city or town which has established one or more gaming enterprise districts.
(Added to NRS by 1997, 3313; A 2005, 2211)
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 400,000 or more.
(Added to NRS by 1997, 1704)
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 the property line of the proposed establishment:
1. Is within 1,500 feet of the centerline of Las Vegas Boulevard;
2. Is south of the intersection of Las Vegas Boulevard and that portion of St. Louis Avenue which is designated State Highway No. 605; and
3. Is adjacent to or north of the northern edge line of State Highway No. 146.
(Added to NRS by 1997, 1705)
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 400,000 or more unless the establishment is located in a gaming enterprise district.
2. The location of an establishment within a gaming enterprise district may not be expanded unless the expansion of the location of the establishment is also within a gaming enterprise district.
3. If an establishment is not located within a gaming enterprise district, the establishment may not increase the number of games or slot machines operated at the establishment beyond the number of games or slot machines authorized for such a classification of establishment by local ordinance on December 31, 1996.
(Added to NRS by 1989, 1391; A 1997, 1711)—(Substituted in revision for NRS 463.192)
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 400,000 or more, any person proposing to operate an establishment not located in a gaming enterprise district may petition the county, city or town having jurisdiction over the location of the proposed establishment to have the location designated a gaming enterprise district.
2. The petition must not be granted unless the petitioner demonstrates that:
(a) The roads, water, sanitation, utilities and related services to the location are adequate;
(b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;
(c) The proposed establishment will enhance, expand and stabilize employment and the local economy;
(d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive; and
(e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area.
3. Any interested person is entitled to be heard at the hearing held to consider a petition submitted pursuant to this section.
4. A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.
(Added to NRS by 1989, 1391)—(Substituted in revision for NRS 463.194)
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 license, registration, finding of suitability, pari-mutuel license or prior approval by the Commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 462, 464 or 466 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the Commission by filing a complaint with the Commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the Board.
3. Upon receipt of the complaint of the Board, the Commission shall review it and all matter presented in support thereof, and shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.
4. After the provisions of subsections 1, 2 and 3 have been complied with, the Commission may:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the Commission;
(c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment; and
(d) Fine each person or entity or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which Commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:
(1) Not less than $25,000 nor more than $250,000 for each separate violation of any regulation adopted pursuant to NRS 463.125 which is the subject of an initial or subsequent complaint; or
(2) Except as otherwise provided in subparagraph (1) of this paragraph, not more than $100,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the Commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the Commission which is the subject of any subsequent complaint.
Ê All fines must be paid to the State Treasurer for deposit in the State General Fund.
5. For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the Commission shall revoke the license of the establishment or person.
6. If the Commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.
7. Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the Commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the Commission may be had in accordance with NRS 463.315 to 463.318, inclusive.
[31:429:1955]—(NRS A 1959, 442; 1967, 1031; 1969, 464; 1971, 565; 1973, 1269; 1975, 680; 1977, 1432; 1983, 998, 1553; 1985, 1299, 1724; 1991, 2266; 1993, 2121; 1995, 428)
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 his investment in the licensed gaming establishment in the following manner:
1. An emergency order may be issued only when the Commission believes that:
(a) There has been a violation of subsection 2 of NRS 463.360 or NRS 465.083;
(b) Such action is necessary to prevent a violation of NRS 465.083;
(c) There has been a violation of subsection 1 of NRS 463.160; or
(d) Such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.
2. The emergency order must set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action.
3. An emergency order may be issued only with the approval of and upon signature by not less than three members of the Commission.
4. The emergency order is effective immediately upon issuance and service upon the licensee or 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 his address on file with the Commission.
3. Except as provided in subsection 4, the respondent must answer within 20 days after the service of the complaint. In his answer the respondent:
(a) Must state in short and plain terms his defenses to each claim asserted.
(b) Must admit or deny the facts alleged in the complaint.
(c) Must state which allegations he is without knowledge or information to form a belief as to their truth. Such allegations shall be deemed denied.
(d) Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.
(e) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing and to judicial review of any decision or order of the Commission, but the Commission may order a hearing even if the respondent so waives his right.
4. Failure to answer or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The Commission may take action based on such an admission and on other evidence without further notice to the respondent. If the Commission takes action based on such an admission, it shall include in the record which evidence was the basis for the action.
5. The Commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondent’s answer. The Commission shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days before the hearing.
(Added to NRS by 1959, 443; A 1960, 299; 1967, 1032, 1283; 1969, 95; 1975, 681; 1979, 777; 1983, 1555)
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 him to testify; and
(5) Offer rebuttal evidence.
(c) If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
(d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
(e) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
2. The Commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the Commission.
3. Affidavits may be received in evidence at any hearing of the Commission in accordance with the following:
(a) The party wishing to use an affidavit must, not less than 10 days before the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance with this paragraph, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) must be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the ........ day of the month of ………. of the year …… (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
(Party or Counsel)
(Address)
(Added to NRS by 1983, 1569; A 2001, 53)
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 he should not be punished as for contempt. The court order and a copy of the statement of the Commission must be served on the person cited to appear. Thereafter the court has jurisdiction of the matter, and the same proceedings must be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
(Added to NRS by 1983, 1571)
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 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 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 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.
1. Any party aggrieved by the final decision in the district court after a review of the decision and order of the Commission may appeal to the Supreme Court in the manner and within the time provided by law for appeals in civil cases. The Supreme Court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.
2. The judicial review by the district and Supreme Courts afforded in this chapter is the exclusive method of review of the Commission’s actions, decisions and orders in disciplinary hearings held pursuant to NRS 463.310 to 463.3145, inclusive. Judicial review is not available for actions, decisions and orders of the Commission relating to the denial of a license or to limited or conditional licenses. Extraordinary common-law writs or equitable proceedings are available except where statutory judicial review is made exclusive or is precluded, or the use of those writs or proceedings is precluded by specific statute.
(Added to NRS by 1983, 1573; A 1985, 2139)
MISCELLANEOUS PROVISIONS
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)
NRS 463.323 Collection and disposition of county fees for licenses in county whose population is less than 400,000. In a county whose population is less than 400,000:
1. The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff if there is no county license department is liable on his official bond for all money due for the licenses remaining uncollected by reason of his negligence.
2. If the county has no county license department, the sheriff shall, on or before the fifth day of each month, pay over to the county treasurer all money received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is provided by law with respect to other county licenses.
3. If the county has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.
4. All money received for county gaming licenses under this chapter must be retained by the county treasurer for credit to the county general fund, except:
(a) Where the license is collected within the boundaries of any incorporated city, the county shall retain 25 percent of the money, and the incorporated city is entitled to 75 percent of the money, which must be paid into the general fund of the incorporated city.
(b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the county shall retain 25 percent of the money, and 75 percent of the money must be placed in the town government fund for the general use and benefit of the unincorporated town.
(Added to NRS by 1979, 1406; A 1983, 141; 1987, 1723; 1997, 1298)
NRS 463.325 Collection and disposition of county fees for licenses in county whose population is 400,000 or more. In a county whose population is 400,000 or more:
1. The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff, if there is no county license department, is liable on his official bond for all money due for the licenses remaining uncollected by reason of his negligence.
2. If the county has no county license department, the sheriff shall, on or before the fifth day of each month, pay over to the county treasurer all money received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is provided by law with respect to other county licenses.
3. If the county has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.
4. All money received for county gaming licenses under this chapter must be apportioned by the county treasurer in the following manner:
(a) Where the license is collected within the boundaries of any incorporated city, the money must be paid into the general fund of the incorporated city.
(b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the money must be placed in the town government fund for the general use and benefit of the unincorporated town.
(c) Where the license is collected outside the boundaries of any incorporated city or unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the money must be retained by the county treasurer for credit to the county general fund.
(Added to NRS by 1997, 1297)
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 400,000 or more, and each such incorporated city shall accordingly decrease its property tax levy, for each fiscal year in which money will be distributed pursuant to NRS 463.325, by an amount which when multiplied by the assessed valuation of the incorporated city for the previous fiscal year would produce revenue equal to 25 percent of the amount allocated to the incorporated city pursuant to NRS 463.325 in the fiscal year in which the distribution will be received.
(Added to NRS by 1997, 1298)
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 Chairman of the Board, the State Controller shall draw his warrant in favor of the Chairman in the amount of $10,000, and upon presentation of the warrant to the State Treasurer, he shall pay it. When the warrant is paid, the Chairman shall deposit the $10,000 in a bank or credit union of reputable standing which shall secure the deposit with a depository bond satisfactory to the State Board of Examiners.
3. The Chairman of the Board may use the Revolving Account to pay the reasonable expenses of agents and employees of the Board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses are incurred for investigation of known or suspected violations. In allowing such expenses, the Chairman is not limited or bound by the provisions of NRS 281.160.
4. After the expenditure of money from the Revolving Account, the Chairman of the Board shall present a claim to the State Board of Examiners for the amount of the expenditure to be replaced in the Revolving Account. The claim must be allowed and paid as are other claims against the State, but the claim must not detail the investigation made as to the agent or employee making the investigation or the person or persons investigated. If the State Board of Examiners is not satisfied with the claim, the members thereof may orally examine the Chairman concerning the claim.
5. Expenditures from the Revolving Account may not exceed the amount authorized by the Legislature in any fiscal year.
[33:429:1955]—(NRS A 1959, 451; 1960, 304; 1961, 663; 1963, 691; 1969, 235, 736; 1977, 4; 1979, 782; 1983, 1530; 1999, 1499; 2003, 629)
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 Chairman, and expenditures from the Fund may be made without regard to NRS 281.160. Any money received from the applicant in excess of the costs and charges incurred in the investigation or the processing of the application must be refunded pursuant to regulations adopted by the Board and the Commission. At the conclusion of the investigation, the Board shall give to the applicant a written accounting of the costs and charges so incurred.
3. Within 3 months after the end of a fiscal year, the amount of the balance in the Fund in excess of $2,000 must be deposited in the State General Fund.
(Added to NRS by 1971, 834; A 1977, 1434; 1983, 243, 1531; 2001, 2754)
NRS 463.332 Account for Investigating Cash Transactions of Gaming Licensees: Creation; use; claims.
1. The Account for Investigating Cash Transactions of Gaming Licensees is hereby created in the Investigative Fund. The Account is a continuing account and its money does not revert to the State General Fund at any time.
2. The money in the Account must be used by the Board to conduct undercover investigations related to alleged or suspected violations of regulations concerning cash transactions of gaming licensees.
3. Claims against the Account which are approved by the Board must be paid as other claims against the State are paid.
(Added to NRS by 1989, 567; A 1991, 1775)
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 he is temporarily registered or registered as a gaming employee pursuant to this section. An applicant for registration or renewal of registration as a gaming employee must file an application for registration or renewal of registration with the Board. Whenever a registered gaming employee, whose registration has not expired, has not been objected to by the Board, or has not been suspended or revoked becomes employed as a gaming employee at another or additional gaming establishment, he must file a change of employment notice within 10 days with the Board. The application for registration and change of employment notice must be filed through the licensee for whom the applicant will commence or continue working as a gaming employee, unless otherwise filed with the Board as prescribed by regulation of the Commission.
3. The Board shall prescribe the forms for the application for registration as a gaming employee and the change of employment notice.
4. 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 Chairman of the Board for good cause. A licensee is not responsible for the accuracy or completeness of any application for registration or renewal of registration as a gaming employee or any change of employment notice.
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 he is eligible for registration as a gaming employee. In conducting the investigation, two complete sets of the applicant’s fingerprints must be submitted to the Central Repository for Nevada Records of Criminal History for:
(a) A report concerning the criminal history of the applicant; and
(b) Submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant.
Ê The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant. The fee for processing an application for registration or renewal of registration as a gaming employee may be charged only to cover the actual investigative and administrative costs related to processing the application and the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to process the fingerprints of an applicant pursuant to this subsection.
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 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. No fee may be charged by the Board to cover the actual investigative and administrative costs related to processing a change of employment notice.
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 he will commence or continue working as a gaming employee. Unless objected to by the Board or suspended or revoked, the initial registration of an applicant as a gaming employee expires 5 years after the date employment commences with the applicable licensee. 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 he 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 him to a position that does not require registration as a gaming employee. The notice of suspension or objection by the Board which is sent to the applicant must include a statement of the facts upon which the Board relied in making its suspension or objection.
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 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 his registration as a gaming employee, notwithstanding any other provision of this section, the Board may object to his registration. If the Board objects to his 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 Chairman of the Board may designate a member of the Board or the Board may appoint a hearing examiner and authorize that person to perform on behalf of the Board any of the following functions required of the Board by this section concerning the registration or renewal of registration of gaming employees:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the Board based upon the testimony and evidence or rendering a decision on behalf of the Board to sustain or reverse the suspension of or the objection to the registration of an applicant as a gaming employee; and
(d) Notifying the applicant of the decision.
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 his social security number, residential address and current employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
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 he provides the Board with verifiable documentation confirming that he is currently in compliance with the provisions of chapter 179D of NRS within 15 days after receipt of such notice, the Board shall, notwithstanding any other provisions of this section, conduct a hearing for the purpose of determining whether the registration of the person as a gaming employee must be suspended for noncompliance with the provisions of chapter 179D of NRS.
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 he is currently in compliance with the provisions of chapter 179D of NRS, the Chairman of the Board shall, within 10 days thereof, appoint a hearing examiner to conduct a hearing to determine whether the person is, in fact, not in compliance with the provisions of chapter 179D of NRS. The hearing examiner shall, within 5 days after the date he is appointed by the Chairman, notify the person of the date of the hearing. The hearing must be held within 20 days after the date on which the hearing examiner is appointed by the Chairman, unless administratively extended by the Chairman for good cause. At the hearing, the hearing examiner may take any testimony deemed necessary and shall render a decision sustaining or reversing the findings of the Central Repository for Nevada Records of Criminal History. The hearing examiner shall notify the person of his decision within 5 days after the date on which the decision is rendered. A failure of a person to appear at a hearing conducted pursuant to this section shall be deemed to be an admission that the findings of the hearing examiner are well-founded.
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 he must take to be in compliance with the provisions of chapter 179D of NRS; and
(3) Notify the licensee for which the person is employed as a gaming employee, in the manner prescribed in subsection 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 him to a position that does not require registration as a gaming employee.
(b) Is in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person and the Central Repository for Nevada Records of Criminal History, in the manner prescribed in subsection 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 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)
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 the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. An applicant for registration or renewal of registration as a gaming employee shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for registration or renewal of registration as a gaming employee; or
(b) A separate form prescribed by the Board.
3. An applicant may not be registered as a gaming employee if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2060; A 2003, 20th Special Session, 9)
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 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 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 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 he could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the Commission;
(g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;
(h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act;
(i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities; or
(j) Been convicted of any felony or gross misdemeanor, other than one constituting a violation of this chapter or chapter 463B, 464 or 465 of NRS.
3. A gaming employee 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 or required approval or consent. An applicant for licensing, registration, finding of suitability or any approval or consent required by this chapter or chapter 462 of NRS shall make full and true disclosure of all information to the Board, Commission or other relevant governmental authority as necessary or appropriate in the public interest or as required in order to carry out the policies of this state relating to licensing and control of the gaming industry and the operation of charitable lotteries.
(Added to NRS by 1977, 1418; A 1991, 2267; 2003, 20th Special Session, 12)
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 employer or agent relating to the termination of the employment of a gaming employee or the services of an independent agent is confidential and must not be disclosed except:
1. Such information obtained from the former employer of an applicant for registration as a gaming employee must be disclosed to the applicant to the extent necessary to permit him to respond to any suspension or objection made by the Board to his application for such registration;
2. In the necessary administration of this chapter; or
3. Upon the lawful order of a court of competent jurisdiction.
(Added to NRS by 1981, 1072; A 1991, 1844; 2003, 20th Special Session, 12)
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. [Effective through September 30, 2008.] Any person who is the subject of a hearing conducted under the provisions of this chapter, or who is a witness at that hearing, and who is a person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be:
1. Qualified to engage in the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100; and
2. Appointed by the person who presides at the hearing.
(Added to NRS by 1979, 659; A 2001, 1778)
NRS 463.342 Person with disability entitled to services of interpreter at hearing. [Effective October 1, 2008.] 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, effective October 1, 2008)
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 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)
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 he file a complaint or information or present the matter to a grand jury, as the facts may warrant, and thereafter proceed as appropriate to complete the prosecution. Upon a written recommendation to prosecute from the Commission or Board, the Attorney General may so file the matter without leave of court and has exclusive charge of the prosecution.
2. If a district attorney declines to prosecute such a violation after receiving a written request to do so from the Commission or Board, he may respond in writing to the Commission or Board within the 15-day period specified in subsection 1 and state the reasons why he declines.
(Added to NRS by 1981, 545; A 1991, 2268)
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 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)
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 his 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 his decision resolving the dispute within 30 days after the date the Board first receives notification from the licensee or a request to conduct an investigation from the patron. The failure of the agent to mail notice of his decision within the time required by this subsection does not divest the Board of its exclusive jurisdiction over the dispute.
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)
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 his 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 him to do so becomes final. Failure to pay within that time is grounds for disciplinary action pursuant to NRS 463.311 to 463.3145, inclusive.
2. If a licensee intends to file a petition for judicial review of the decision pursuant to NRS 463.3662 to 463.3668, inclusive, the licensee must first deposit in an interest-bearing account in a financial institution an amount equal to the amount in dispute. The licensee shall pay the full amount of the patron’s claim, including interest, within 20 days after a final, nonappealable order of a court of competent jurisdiction so directs.
3. The licensee may withdraw the amount deposited in the financial institution upon:
(a) Payment of the full amount of the patron’s claim, plus interest, if the licensee has given notice to the Board of the payment; or
(b) A final determination by the court that the licensee is not required to pay the claim.
(Added to NRS by 1983, 1847; A 1987, 1275; 1991, 930)
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 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.
1. Any party aggrieved by the final decision in the district court after a review of the decision and order of the Board or the hearing examiner may appeal to the Supreme Court in the manner and within the time provided by law for appeals in civil cases. The Supreme Court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.
2. The judicial review by the district and Supreme Courts afforded in this chapter is the exclusive method of review of any actions, decisions and orders in hearings held pursuant to NRS 463.361 to 463.366, inclusive. Judicial review is not available for extraordinary common-law writs or equitable proceedings.
3. The party requesting judicial review shall bear all of the costs of transcribing the proceedings before the Board or the hearing examiner and of transmitting the record on review.
(Added to NRS by 1987, 1277; A 1991, 931)
RECOVERY OF GAMING DEBTS BY LICENSEES
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)
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 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.
3. When a licensee has been operating for less than a full calendar month, the Commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the Commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next 3 calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the Commission on July 1, 1969, must be treated as an advance estimated payment.
4. All revenue received from any game or gaming device which is operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any game, gaming device or inter-casino linked system that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the 24th day of each calendar month. The proportionate share of an operator of an inter-casino linked system must be based on all compensation and other consideration received by the operator of the inter-casino linked system, including, without limitation, amounts that accrue to the meter of the primary progressive jackpot of the inter-casino linked system and amounts that fund the reserves of such a jackpot, subject to all appropriate adjustments for deductions, credits, offsets and exclusions that the licensee is entitled to take or receive pursuant to the provisions of this chapter. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any game, gaming device or inter-casino linked system that is operated on the premises of the licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
5. An operator of an inter-casino linked system shall not enter into any agreement or arrangement with a licensee that provides for the operator of the inter-casino linked system to be liable to the licensee for less than its full proportionate share of the license fees paid by the licensee pursuant to this section, whether accomplished through a rebate, refund, charge-back or otherwise.
6. Any person required to pay a fee pursuant to this section shall file with the Commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:
(a) The fee due based on the revenue of the month covered by the report; and
(b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.
7. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid, the Commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.
Ê Interest pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following the due date of the additional license fees until paid. Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.
8. Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.
9. Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
10. Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the Commission shall:
(a) Charge and collect the additional license fees determined to be due with interest computed pursuant to paragraph (a) of subsection 7; or
(b) Refund any overpayment to the licensee with interest computed pursuant to paragraph (b) of subsection 7,
Ê based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.
11. If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.
12. If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.
[Part 10e:99:1931; added 1945, 492; A 1947, 734; 1949, 114; 1955, 760]—(NRS A 1959, 452; 1965, 1034; 1967, 180, 674, 821, 886, 1082; 1969, 187, 403, 824; 1975, 689, 1143; 1981, 569, 1089; 1983, 216; 1987, 546, 548; 1989, 1158; 1991, 675, 932; 1993, 312; 1995, 204, 759, 763; 1999, 954; 2001, 3086; 2003, 20th Special Session, 209)
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 him in a written form satisfactory to the Board;
(b) The licensee did not have an address for the patron at the time of accepting the instrument, or, in lieu of that address, has not provided the Board, within a reasonable time after its request, the current address of the patron to whom the credit was extended;
(c) The licensee has not provided the Board any evidence that the licensee made a reasonable effort to collect the debt;
(d) The licensee has not provided the Board any evidence that the licensee checked the credit history of the patron before extending the credit to him;
(e) The licensee has not produced the instrument within a reasonable time after a request by the Board for the instrument unless it:
(1) Is in the possession of a court, governmental agency or financial institution;
(2) Has