Las Vegas Real Estate

Buyers/Sellers Hotline

1-877-822-7163

Buying

Condominiums

Town Homes

Homes

Luxury Homes

High Rise Condos

Vacant Land

Commercial Structure

Commercial Land

Downtown Investment

Mt. Charleston Hms.

UNLV Living

Search the MLS

Leasing

Commercial Lease

Selling

Listing Appointment

Free CMA

Seller Services

Contact

Toll Free

1-877-822-7163

Andreas Adrian

Majestic Properties

"Adrian Team"

3030 S. Jones Blvd.

Suite 109

Las Vegas, NV 89146

Ph: (702) 682-2902

Fx: (702) 920-8988

Website

Featured agents:

Andreas Adrian

Agents wanted

References

Andreas Photos

Client Testimonials

Realtor of the Month

Satisfied Clients

Clients Section

Feedback

Submit Testimonial

Other topics

Buyer Services

Links

Realtor to Realtor

Team Member Login

This page is solely intended as a resource for members of The Adrian Team. If you are not a team member of "The Adrian Team" at MAJESTIC PROPERTIES please return to the homepage.

Nevada Las Vegas Gaming Information  

 
 

CHAPTER 463

LICENSING AND CONTROL OF GAMING

 

      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 463.0197, 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)

      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, 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 casino entertainment tax pursuant to NRS 463.401.

      (Added to NRS by 1985, 2133; A 1997, 3497)

      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 of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming devices, cashless wagering systems, 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 or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

      (l) Floormen;

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

      (n) Keno runners;

      (o) Keno writers;

      (p) Machine mechanics;

      (q) Odds makers and line setters;

      (r) Security personnel;

      (s) Shift or pit bosses;

      (t) Shills;

      (u) Supervisors or managers;

      (v) Ticket writers; and

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

      2.  “Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.

      (Added to NRS by 1981, 1067; A 1985, 2135; 1987, 413; 1989, 666; 1991, 1837; 1993, 308; 1995, 756; 1997, 1117, 3498; 2001, 3079)

 

      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 463.0161  “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,

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.

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 463.01646  “International gaming salon” defined.  “International 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 2001, 896)

      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 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 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)

      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 463.0177  “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; or

      4.  A license for, or the operation of, an inter-casino linked system.

      (Added to NRS by 1981, 1068; A 1997, 3499)

      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 463.0186  “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 463.0195  “Temporary work permit” defined.  “Temporary work permit” means a work permit which is valid only for a period not to exceed 90 days from its date of issue and is not renewable.

      (Added to NRS by 1981, 1068)

      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 463.0197  “Work permit” defined. [Effective through December 31, 2002.]  “Work permit” means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the holder to be employed as a gaming employee or to serve as an independent agent. A document issued by any governmental authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.

      (Added to NRS by 1981, 1068; A 1991, 1838)

      NRS 463.0197  “Work permit” defined. [Effective January 1, 2003.]  “Work permit” means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the holder to be employed as a gaming employee in this state or to serve as an independent agent. A document issued by any governmental authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.

      (Added to NRS by 1981, 1068; A 1991, 1838; 2001, 3080, effective January 1, 2003)

      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)

      NRS 463.028  Offices.

      1.  The commission shall keep its main office at Carson City, Nevada, in conjunction with the board in rooms provided by the buildings and grounds 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)

      NRS 463.029  Meetings; quorum.

      1.  Regular and special meetings of the commission may be held, at the discretion of the commission, at such times and places as it may deem convenient, but at least one regular meeting may be held each month on or after the 15th day of the month.

      2.  A majority of the members is a quorum of the commission.

      (Added to NRS by 1959, 430; A 1983, 1444)

 

STATE GAMING CONTROL BOARD

      NRS 463.030  Creation; number of members.  The state gaming control board, consisting of three members, is hereby created.

      [3:429:1955]

 

      NRS 463.040  Members: Qualifications and eligibility.

      1.  Each member of the board shall:

      (a) Be a citizen of the United States.

      (b) Be, or within 6 months after appointment become and remain, a resident of the State of Nevada.

      2.  No member of the legislature, no person holding any elective office in the state government, nor any officer or official of any political party is eligible for appointment to the board.

      3.  It is the intention of the legislature that the board be composed of the most qualified persons available.

      4.  The 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.  After the initial terms, the term of office of each member of the board is 4 years.

      2.  The governor shall appoint the members of the board and designate one member to serve as chairman and executive director, who shall coordinate the activities of the board.

      3.  The governor may remove any member for misfeasance, malfeasance or nonfeasance in office. Removal may be made after:

      (a) The member has been served with a copy of the charges against him; and

      (b) A public hearing before the governor is held upon the charges, if requested by the member charged.

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)

 

      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)

      NRS 463.100  Offices.

      1.  The board shall keep its main office at Carson City, Nevada, in conjunction with the commission in rooms provided by the buildings and grounds 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,

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.  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.

      3.  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)

 

      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,

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)

 

REGULATIONS OF COMMISSION

      NRS 463.145  Adoption, amendment and repeal: Procedure.

      1.  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.

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)

      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; A 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 shall 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. 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)

 

      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.  The commission shall adopt regulations, consistent with NRS 463.371, which prescribe the manner in which winnings, compensation from games and gaming devices, and gross revenue must be computed and reported by the licensee.

      (Added to NRS by 1981, 1543)

      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)

 

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, slot machine, race book or sports pool;

      (b) To provide or maintain any information service;

      (c) To operate an international 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, race book or sports pool,

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, 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)

 

      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 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 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.

      (Added to NRS by 1991, 1405; A 1993, 2048; 1995, 2234)

 

      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.

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; board to maintain list of unsuitable and unlicensed persons.

      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,

the licensee by whom he is employed shall terminate his employment in any capacity in which he is required to be licensed and shall not permit him to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail of that action.

      4.  A gaming licensee or an affiliate of the licensee shall not pay to a person whose employment has been terminated pursuant to subsection 3 any remuneration for any service performed in any capacity in which he is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the action by the commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      5.  A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the commission, enter into any contract or agreement with a person who is found unsuitable or who is denied a license or whose license is revoked by the commission, and whose name has been placed on the list maintained pursuant to subsection 8, or with any business enterprise that the licensee knows or under the circumstances reasonably should know is under the control of that person after the date of receipt of notice of the action by the commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      6.  A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the commission, employ any person in a capacity for which he is required to be licensed, if he has been found unsuitable or denied a license, or whose license has been revoked by the commission, and whose name has been placed on the list maintained pursuant to subsection 8, after the date of receipt of notice of the action by the commission. Every contract or agreement for employment with a gaming licensee or an affiliate shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure to expressly include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      7.  As used in this section, “affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a licensee.

      8.  The board shall maintain and make available to every licensee a complete and current list containing the names of every person the commission has denied a license, who has been found unsuitable or who has had a license or finding of suitability revoked. The list must also contain the names of any business organization under the control of any such person known to the board.

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

 

      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,

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.

      4.  The name of any person determined to be unsuitable pursuant to this section must be included on the list required pursuant to subsection 8 of NRS 463.165.

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

 

      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,

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,

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.

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,

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 463.175  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.

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,

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.

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 interactive gaming.

      (Added to NRS by 1981, 374; A 1985, 2138; 1989, 1096; 1991, 378; 1995, 759; 1999, 953; 2001, 3081)

      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 1st day of each January and all quarterly state gaming licenses on the 1st 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 463.370, 463.373 to 463.3855, inclusive, 463.401, 463.660, 464.015 and 464.040, must be paid to the commission 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)

 

      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 zone, if the redevelopment zone is located in the same local governmental jurisdiction as the existing location of the establishment; or

      (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.

      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 city which has established one or more gaming enterprise districts.

      (Added to NRS by 1997, 3313)

      NRS 463.305  Approval of gaming device or inter-casino linked system required; list of approved devices and systems; removal of gaming device 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, 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 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, the board may order the removal of the gaming device 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)

 

      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)

 

 

Artan Media Sponsors: www.nevadatrade.com,  www.heiratenlasvegas.com, www.vegasforeclosures.com, www.clads.com, www.oktoberfestlasvegas.com, www.lasvegasoktoberfest.com, www.vegasresidences.com, www.octoberfestlasvegas.com, www.lasvegasimmobilien.com, www.veraricharda.com, www.rosmariepfister.com, http://lasvegasrealtors.las.mlxchange.com , http://www.immobel.com/lasvegasrealtors.com, www.veraricharda.com 

 

	© Copyright 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 Andreas Adrian. All trademarks are the sole property of each trademark owner. Andreas Adrian and the agents of the "Adrian Team" are licensed Real Estate Agents for Majestic Properties, Las Vegas, Nevada, USA. Member Greater Las Vegas Association of REALTORS®.  Contents of this site, including text and graphics may not be used, copied, published, altered or reproduced without the written permission of Andreas Adrian. All violations will be prosecuted to the fullest extend of the law. Andreas Adrian is a licensed Real Estate Agent in the State of Nevada, as well as a licensed Real  Estate Broker in the State of Florida. He is Short Sale and Foreclosure Certified. Member Greater Las Vegas Association of REALTORS®, Member Nevada Association of REALTORS®, Member National Association of REALTORS®