2005 Nevada Revised Statutes - Chapter 463 — Licensing and Control of Gaming

CHAPTER 463 - LICENSING AND CONTROL OFGAMING

GENERAL PROVISIONS

NRS 463.010 Shorttitle.

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

NRS 463.013 Definitions.

NRS 463.0133 Affiliatedefined.

NRS 463.0134 Applicantdefined.

NRS 463.0135 Applicationdefined.

NRS 463.0136 Associatedequipment defined.

NRS 463.01365 Bankinggame defined.

NRS 463.0137 Boarddefined.

NRS 463.0139 Capitallease defined.

NRS 463.014 Cashlesswagering system defined.

NRS 463.0141 Chairmandefined.

NRS 463.0142 Charitablelottery defined.

NRS 463.0143 Citydefined.

NRS 463.0145 Commissiondefined.

NRS 463.0146 Commissionerdefined.

NRS 463.01463 Contestdefined.

NRS 463.01465 Creditcard defined.

NRS 463.01467 Creditinstrument defined.

NRS 463.01469 Debitinstrument defined.

NRS 463.0147 Disseminatordefined.

NRS 463.01473 Electronictransfer of money defined.

NRS 463.0148 Establishmentdefined.

NRS 463.015 ExecutiveDirector defined.

NRS 463.0152 Gameand gambling game defined.

NRS 463.0153 Gamingand gambling defined.

NRS 463.0155 Gamingdevice defined.

NRS 463.0157 Gamingemployee defined.

NRS 463.0158 Gamingenterprise district defined.

NRS 463.0159 Gaminglicense defined.

NRS 463.01595 Gamingsalon defined.

NRS 463.0161 Grossrevenue defined.

NRS 463.0163 Hearingexaminer defined.

NRS 463.0164 Independentagent defined.

NRS 463.01642 Informationservice defined.

NRS 463.016425 Interactivegaming defined.

NRS 463.01643 Inter-casinolinked system defined.

NRS 463.0165 Licensedefined.

NRS 463.0167 Licensefees defined.

NRS 463.0169 Licensedgaming establishment defined.

NRS 463.0171 Licenseedefined.

NRS 463.0172 Manufacturerdefined.

NRS 463.0173 Manufacturers,sellers or distributors license defined.

NRS 463.0175 Member,Board member and Commission member defined.

NRS 463.0176 Mobilegaming defined.

NRS 463.0177 Nonrestrictedlicense and nonrestricted operation defined.

NRS 463.0179 Operationdefined.

NRS 463.018 Operatorof a slot machine route defined.

NRS 463.01805 Operatorof an inter-casino linked system defined.

NRS 463.0181 Partydefined.

NRS 463.0182 Periodicpayments defined.

NRS 463.0185 Quarterand calendar quarter defined.

NRS 463.01855 Racebook defined.

NRS 463.01858 Registeredas a gaming employee defined.

NRS 463.0186 Regulationdefined.

NRS 463.01862 Representativeof value defined.

NRS 463.01865 Resorthotel defined.

NRS 463.0187 Respondentdefined.

NRS 463.0189 Restrictedlicense and restricted operation defined.

NRS 463.0191 Slotmachine defined.

NRS 463.0193 Sportspool defined.

NRS 463.01955 Temporarilyregistered as a gaming employee defined.

NRS 463.0196 Tournamentdefined.

NRS 463.01962 Wagerdefined.

NRS 463.01963 Wageringcredit defined.

NRS 463.01967 Wageringinstrument defined.

NRS 463.0199 AttorneyGeneral is legal adviser for Board and Commission.

GAMING POLICY COMMITTEE

NRS 463.021 Creation;composition; terms; meetings; recommendations advisory and not binding; ReviewPanel of Committee to consider certain appeals.

NEVADA GAMING COMMISSION

NRS 463.022 Creation;number of members.

NRS 463.023 Members:Qualifications and eligibility.

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

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

NRS 463.026 Members:Salaries.

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

NRS 463.028 Offices.

NRS 463.029 Meetings;quorum.

STATE GAMING CONTROL BOARD

NRS 463.030 Creation;number of members.

NRS 463.040 Members:Qualifications and eligibility.

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

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

NRS 463.070 Members:Compensation.

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

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

NRS 463.095 Employmentof consultants.

NRS 463.100 Offices.

NRS 463.110 Meetings;quorum; investigative hearings.

POWERS AND DUTIES OF BOARD AND COMMISSION

NRS 463.120 Recordsof Board and Commission; confidential treatment of certain information; reportto Legislature by Board; access by Board and Commission to certain records ofNevada Tax Commission.

NRS 463.125 Commissionmay require certain nonrestricted licensees to report and maintain records oftransactions involving cash; absolute immunity from civil liability for certaindisclosures about transactions involving cash; absolute privilege of certaindocuments.

NRS 463.140 Generalpowers and duties of Board and Commission.

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

NRS 463.141 Initiationof proceedings and actions to enforce chapters.

NRS 463.142 Civilaction by Board to collect fees, interest, penalty or tax; attachment; recordsas evidence.

NRS 463.143 Exerciseof other necessary powers by Commission.

NRS 463.144 Commissionand Board may refuse to reveal certain matters in court or administrativeproceedings.

REGULATIONS OF COMMISSION

NRS 463.145 Adoption,amendment and repeal: Procedure.

NRS 463.150 Requiredprovisions.

NRS 463.151 Regulationsrequiring exclusion or ejection of certain persons from licensedestablishments: Persons included.

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

NRS 463.153 Regulationsrequiring exclusion or ejection of certain persons from licensedestablishments: Hearing; disposition; judicial review.

NRS 463.154 Regulationsrequiring exclusion or ejection of certain persons from licensedestablishments: Penalties for failure to exclude or eject.

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

NRS 463.156 Regulationsconcerning financial practices of licensees: Adoption.

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

NRS 463.158 Regulationsconcerning financial practices of licensees: Periodic financial reports fromnonrestricted licensees.

NRS 463.159 Regulationsconcerning financial practices of licensees: Audits, compilations and reviewsof financial statements of nonrestricted licensees; independent accountants.

NRS 463.1592 Regulationsconcerning financial practices of licensees: Organization of audit function ofState Gaming Control Board; economic research and planning function.

NRS 463.1593 Regulationsconcerning financial practices of licensees: Duties of Legislative Auditor.

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

NRS 463.1596 Regulationsconcerning recovery of gaming debts by patrons.

NRS 463.1597 Regulationsconcerning licensing of corporations and limited partnerships.

NRS 463.1598 Regulationsgoverning sale or offering for sale of securities.

NRS 463.1599 Regulationsgoverning operation of slot machine routes.

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

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

REGULATION OF PERSONS INVOLVED IN GAMING

NRS 463.160 Licensesrequired; unlawful to permit certain gaming activities to be conducted withoutlicense; exceptions.

NRS 463.1605 Limitationon approval of nonrestricted license in county whose population is 100,000 ormore; additional local regulation of resort hotels permissible.

NRS 463.161 Licenseto operate 15 or fewer slot machines: Conditions.

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

NRS 463.163 Operationof gaming device in restricted area of public transportation facility: Priorapproval of Board required.

NRS 463.165 Licensingof certain persons having significant influence over gaming operation oflicensee; remuneration, contracts and employment prohibited for certain unsuitableor unlicensed persons; termination of contracts or agreements for services oremployment; Board to maintain list of unsuitable and unlicensed persons.

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

NRS 463.167 Suitabilityor licensing of certain persons furnishing services or property or doingbusiness with gaming licensee; termination of association.

NRS 463.168 Suitabilityof certain persons providing transmission services in association withlicensee; termination of association.

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

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

NRS 463.172 Powerof Chairman to approve transfer of interest in license, registration, findingof suitability or approval to or from inter vivos trust; approval of Chairmanrequired before amendment to inter vivos trust effective.

NRS 463.173 Restrictionson person denied license or found unsuitable.

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

NRS 463.177 Exemptionof governing body leasing portion of facility for public transportation foroperation of slot machines.

NRS 463.180 Qualificationsfor county license.

NRS 463.190 Qualificationsfor municipal license.

NRS 463.200 Applicationfor state license: Contents; supplemental forms.

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

NRS 463.220 Actionby Commission on application; further investigation; hearing.

NRS 463.225 Issuanceof state licenses; bonds and deposits; account for bonds of state gaminglicensees.

NRS 463.230 Issuanceof county license.

NRS 463.240 Statelicense prerequisite to county or municipal license; confidentiality of certaininformation provided to county or municipality.

NRS 463.242 Preparationby Board of basic form of application and supporting documents for licensing bycounty and city.

NRS 463.245 Singleestablishment not to contain more than one licensed operation; exceptions.

NRS 463.250 Taxingpowers preserved.

NRS 463.260 Postingand inspection of licenses.

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

NRS 463.280 Renewalof county license.

NRS 463.290 Reportfurnished by licensee.

NRS 463.300 Unlawfultransfer of ownership.

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

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

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

NRS 463.307 Permissiblewagering instrumentalities.

NONRESTRICTED GAMING LICENSES IN CERTAIN COUNTIES

NRS 463.3072 Legislativefindings and declarations.

NRS 463.3074 Applicabilityof NRS 463.3072 to 463.3094, inclusive.

NRS 463.3076 Locationof proposed establishment within Las Vegas Boulevard gaming corridor.

NRS 463.3078 Locationof proposed establishment within rural Clark County gaming zone.

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

NRS 463.3082 Approvalof nonrestricted license for proposed establishment located within Las VegasBoulevard gaming corridor and rural Clark County gaming zone prohibited unlesslocation designated gaming enterprise district.

NRS 463.3084 Gamingenterprise district: Petition for designation of location if within Las VegasBoulevard gaming corridor or rural Clark County gaming zone; petitionersburden of proof; hearing; limitation on subsequent petition.

NRS 463.3086 Gamingenterprise district: Petition for designation of location if outside of LasVegas Boulevard gaming corridor and rural Clark County gaming zone; notice ofhearing; hearing; petitioners burden of proof; limitation on subsequentpetition.

NRS 463.3088 Gamingenterprise district: Procedure for appealing denial or grant of petition todesignate location outside of Las Vegas Boulevard gaming corridor and ruralClark County gaming zone.

NRS 463.309 Dutyof local government to provide and update map showing location of gamingenterprise districts.

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

NRS 463.3094 Descriptionof Las Vegas urban growth zone.

DISCIPLINARY ACTIONS

NRS 463.310 Investigationsand initiation of complaints by Board; proceedings before Commission; powersand duties of Commission.

NRS 463.311 Emergencyorder of Commission.

NRS 463.312 Contentsand service of complaint; answer; effect of failure to answer or appear; noticeof hearing.

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

NRS 463.313 Hearings:Procedure; use of affidavit.

NRS 463.3133 Hearingsother than investigative hearings: Procedure.

NRS 463.3136 Amendedor supplemental pleadings.

NRS 463.314 Contempt.

NRS 463.3145 Writtendecision and order of Commission; rehearing.

NRS 463.315 Judicialreview: Petition; intervention; stay of enforcement; priority if supervisorappointed.

NRS 463.316 Judicialreview: Record on review.

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

NRS 463.318 Judicialreview: Appeal to Supreme Court; exclusive method of review for disciplinaryhearings; certain actions not subject to judicial review.

MISCELLANEOUS PROVISIONS

NRS 463.320 Collectionand disposition of state fees for licenses and penalties. [Effective throughJune 30, 2007.]

NRS 463.320 Collectionand disposition of state fees for licenses and penalties. [Effective July 1,2007.]

NRS 463.323 Collectionand disposition of county fees for licenses in county whose population is lessthan 400,000.

NRS 463.325 Collectionand disposition of county fees for licenses in county whose population is400,000 or more.

NRS 463.327 Decreasein rate of property tax of incorporated city receiving apportioned gaminglicense revenue.

NRS 463.330 Costsof administration; State Gaming Control Board Revolving Account; limitations onexpenditures.

NRS 463.331 InvestigativeFund.

NRS 463.332 Accountfor Investigating Cash Transactions of Gaming Licensees: Creation; use; claims.

NRS 463.335 Gamingemployee or independent contractor must be registered with Board; notice ofchange of employment; investigation of applicant; fee; expiration ofregistration; suspension of or objection to registration; hearing and review;confidentiality of records; suspension of registration for failure to complywith provisions of chapter 179D of NRS.

NRS 463.3351 Paymentof child support: Statement by applicant for registration as gaming employee;grounds for denial of registration; duty of Board. [Expires by limitation onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

NRS 463.3352 Suspensionof registration as gaming employee for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of registration. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 463.3354 Applicationfor registration as gaming employee to include social security number of applicant.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 463.336 Issuanceof order summarily suspending registration as gaming employee; hearing; noticeof defense.

NRS 463.337 Revocationof registration as gaming employee: Grounds; power of Commission; judicialreview.

NRS 463.339 Disclosureby applicant for licensing, registration, finding of suitability or requiredapproval or consent.

NRS 463.3403 Confidentialityof information relating to termination of employment of gaming employee orindependent agent.

NRS 463.3407 Absoluteprivilege of certain communications and documents; restrictions on andprotections against disclosure.

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

NRS 463.342 Personwith disability entitled to services of interpreter at hearing.

NRS 463.343 Declaratoryjudgment; limitations on injunctive relief.

NRS 463.344 Enforcementof certain security interests against licensees.

NRS 463.345 Earlyclosing dates in certain transfers of gaming property prohibited.

NRS 463.3455 Provisionregarding responsibility for fees and taxes required in certain transfers ofgaming property or interest.

NRS 463.346 Injunctions.

NRS 463.3465 Prosecutionby Attorney General of violations of gaming laws.

NRS 463.347 Penaltyfor possession of device, equipment or material illegally manufactured, sold ordistributed.

NRS 463.350 Gamingor employment in gaming prohibited for persons under 21.

NRS 463.355 Districtattorney, sheriff and chief of police to furnish information obtained duringinvestigation or prosecution.

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

NRS 463.3558 Approvalof debit instrument required.

NRS 463.360 Penalties.

RECOVERY OF GAMING DEBTS BY PATRONS

NRS 463.361 Enforceabilityand resolution of gaming debts.

NRS 463.362 Resolutionof dispute as to winnings, losses or manner in which game is conducted.

NRS 463.363 Petitionfor hearing by Board; notice and conduct of hearing.

NRS 463.364 Burdenof proof on party seeking reconsideration; decision of Board or hearingexaminer.

NRS 463.366 Paymentof claim after decision of Board or hearing examiner becomes final; deposit andwithdrawal of amount of claim upon judicial review.

NRS 463.3662 Judicialreview: Petition; intervention; stay of enforcement.

NRS 463.3664 Judicialreview: Record on review.

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

NRS 463.3668 Judicialreview: Appeal; exclusive method of review; costs to transcribe proceedings andtransmit record.

RECOVERY OF GAMING DEBTS BY LICENSEES

NRS 463.368 Creditinstruments: Validity; enforcement; redemption; penalties; regulations.

FEES FOR STATE AND COUNTY GAMING LICENSES

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

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

NRS 463.3715 Computationof gross revenue: Items which may be deducted.

NRS 463.3717 Compilationof information concerning gross revenue reported by licensees; summary ofcompiled information available for public review.

NRS 463.372 Slotmachines: Counting for purposes of administering quarterly fee and annual taxesand fees.

NRS 463.373 Quarterlyfee for state license for restricted operation.

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

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

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

NRS 463.385 Annualexcise tax upon slot machines: Imposition; collection; proportionate share ofoperator of inter-casino linked system and other persons; deposit and use ofreceipts.

NRS 463.3855 Annualfee for license for operator of slot machine route, mobile gaming system orinter-casino linked system.

NRS 463.3856 Annualfee for license for operator of information service; collection.

NRS 463.3857 Feesfrom licensee who concludes gaming operation: Final fee based on totaloutstanding value of collectible credit instruments; monthly fee based on allcompensation received in payment of credit instrument; calculation andcollection of monthly fee; security required for payment of monthly fee.

NRS 463.386 Creditfor prepaid fees for license upon transfer of corporate gaming operations.

NRS 463.387 Refundof excessive state fees or taxes paid; procedure; interest; time within whichclaim for refund must be filed.

NRS 463.388 Determinationof deficiency: Recomputation or estimate of taxes or fees; accrual of intereston unpaid taxes; offsetting overpayments; refund of excess.

NRS 463.3881 Determinationof deficiency: Notice.

NRS 463.3882 Determinationof deficiency: Lien.

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

NRS 463.389 Remediesof State are cumulative.

NRS 463.390 Quarterlyfee for county license; penalty for late payment.

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

NRS 463.400 Penaltyfor willful evasion of payment of fees for license and other acts andomissions.

GAMING SALONS

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

NRS 463.4073 Regulationsestablishing policies and procedures for approval of license to operate gamingsalon and standards of operation.

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

PERMITS FOR HOLIDAYS AND SPECIAL EVENTS

NRS 463.408 Application;fee; conditions and limitations.

GAMES OPERATED BY CHARITABLE OR EDUCATIONAL ORGANIZATIONS

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

CHARITABLE BINGO GAMES OPERATED BY QUALIFIED ORGANIZATIONS

NRS 463.4091 Definitions.

NRS 463.40915 Calendarquarter defined.

NRS 463.4092 Charitableor nonprofit activity defined.

NRS 463.40925 Netproceeds defined.

NRS 463.4093 Qualifiedorganization defined.

NRS 463.40935 Administrationof provisions by Board and Commission; adoption of regulations.

NRS 463.4094 Requirementsfor operation of charitable bingo game without gaming license.

NRS 463.40945 Registrationand approval of qualified organization: Duties of Executive Director; revocableprivilege; expiration.

NRS 463.4095 Requirementsfor registration and approval of Executive Director.

NRS 463.40955 Commissionmay require finding of suitability.

NRS 463.4096 Prohibitedacts concerning compensation of employees of qualified organizations and otherpersons.

NRS 463.40965 Reportingand expenditure of net proceeds of charitable bingo.

TRANSPORTATION OF GAMING DEVICES IN INTERSTATE COMMERCE

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

NRS 463.420 Legalshipments of gambling devices into State.

DISSEMINATION OF LIVE BROADCASTS FOR RACING

NRS 463.421 Definitions.

NRS 463.4212 Livebroadcast defined.

NRS 463.4214 Racingmeet defined.

NRS 463.4216 Trackdefined.

NRS 463.4218 Userdefined.

NRS 463.422 Proposalby disseminator for exclusive right to disseminate live broadcast for racingmeet; determination of necessity of hearing; notice; determination withouthearing.

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

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

NRS 463.425 Administrativereview of decision of Board.

NRS 463.426 Powersof Board.

NRS 463.427 Unauthorizeduse or dissemination of live broadcast prohibited.

DISSEMINATION AND BROADCAST OF INFORMATION CONCERNING RACING

NRS 463.430 Unlawfulto disseminate information without license; exceptions.

NRS 463.440 Regulationand control of dissemination of information: Public policy of State; power ofCommission; regulations.

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

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

NRS 463.460 Licenseeto furnish information without discrimination.

NRS 463.462 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commission. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 463.464 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 463.466 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 463.480 Penalty.

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

General Provisions

NRS 463.482 Definitions.

NRS 463.4825 Affiliatedcompany defined.

NRS 463.483 Directordefined.

NRS 463.484 Equitysecurity defined.

NRS 463.4845 Generalpartner defined.

NRS 463.485 Holdingcompany defined.

NRS 463.4855 Interestin a limited-liability company defined.

NRS 463.486 Intermediarycompany defined.

NRS 463.4862 Limited-liabilitycompany defined.

NRS 463.4863 Limitedpartner defined.

NRS 463.4864 Limitedpartnership defined.

NRS 463.4865 Limitedpartnership interest defined.

NRS 463.4866 Managerdefined.

NRS 463.4867 Memberdefined.

NRS 463.487 Publiclytraded corporation defined.

NRS 463.488 Subsidiarydefined.

 

Corporations Generally

NRS 463.489 Policyof State; waiver of requirements.

NRS 463.490 Qualificationsfor state gaming license for corporations other than publicly tradedcorporations.

NRS 463.505 Priorapproval by Chairman of Board required to grant option to purchase securityissued by corporation other than publicly traded corporation or to dispose ofexisting option to acquire such security; review of denial of approval.

NRS 463.510 Priorapproval by Commission required for other disposition of securities issued bycorporation other than publicly traded corporation; restrictions on unsuitablepersons; statement on certificate.

NRS 463.520 Registrationwith Board by corporations other than publicly traded corporations; requiredinformation.

NRS 463.530 Individuallicensing of officers and directors of corporations other than publicly tradedcorporations; other persons required to be licensed individually.

NRS 463.540 Limitationon certain powers of corporations other than publicly traded corporations afterlicensing; approval of Commission.

NRS 463.550 Requiredreports and statements; income tax return.

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

 

Limited Partnerships Generally

NRS 463.563 Policyof State; waiver of requirements.

NRS 463.564 Qualificationsfor state gaming license.

NRS 463.566 Eligibility.

NRS 463.5665 Priorapproval by Chairman of Board required to grant option to purchase interest inlimited partnership or to dispose of existing option to acquire such interest;review of denial of approval.

NRS 463.567 Priorapproval by Commission required for other disposition of interest in limitedpartnership; restrictions on unsuitable persons; statement on certificate.

NRS 463.568 Registrationwith Board; required information.

NRS 463.569 Individuallicensing of partners and other persons.

NRS 463.571 Requiredreports and statements; income tax return.

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

 

Limited-Liability Companies Generally

NRS 463.573 Policyof State; waiver of requirements.

NRS 463.5731 Qualificationsfor state gaming license.

NRS 463.5732 Eligibilityfor gaming license.

NRS 463.57325 Priorapproval by Chairman of Board required to hold option to purchase interest inlimited-liability company or to dispose of existing option to acquire suchinterest; review of denial of approval.

NRS 463.5733 Priorapproval by Commission required for other disposition of interest inlimited-liability company; restrictions on unsuitable persons; statement oncertificate.

NRS 463.5734 Registrationwith Board; required information.

NRS 463.5735 Individuallicensing of members, directors, managers and other persons.

NRS 463.5736 Requiredreports and statements; income tax returns.

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

 

Holding and Intermediary Companies

NRS 463.575 Applicabilityof NRS 463.575 to 463.615, inclusive; exemption for publiclytraded corporation.

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

NRS 463.595 Individuallicensing of officers, employees and other persons; removal from position iffound unsuitable or if license is denied or revoked; suspension of suitabilityby Commission.

NRS 463.605 Informationrequired if corporation or other business organization is or becomessubsidiary.

NRS 463.615 Penaltiesfor noncompliance with laws and regulations.

 

Corporate Acquisitions, Repurchases of Securities andRecapitalization

NRS 463.621 Legislativedeclaration.

NRS 463.622 Policyof State.

NRS 463.623 Regulationsconcerning certain corporate acquisitions, repurchases of securities andcorporate defense tactics.

 

Publicly Traded Corporations

NRS 463.625 Exemptionsfrom certain requirements; compliance with NRS463.635 to 463.645, inclusive.

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

NRS 463.633 Registrationof corporation of another country: Matters considered by Board; rejectionwithout hearing.

NRS 463.635 Publiclytraded corporation owning or controlling applicant or licensee: Duties; powerof Board and Commission to investigate; procedure for Board to deregistercorporation that ceases to engage in gaming activities.

NRS 463.637 Individuallicensing of directors, officers and employees; removal from position if foundunsuitable or if license is denied or revoked; suspension of suitability byCommission.

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

NRS 463.641 Penaltiesfor noncompliance with laws and regulations.

NRS 463.643 Suitabilityof persons acquiring beneficial ownership of voting security or debt securityin publicly traded corporation; report of acquisition; application; penalty.

 

Miscellaneous Provisions

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

LICENSING AND REGULATION OF CERTAIN MANUFACTURERS, SELLERSAND DISTRIBUTORS

NRS 463.650 Licenserequired for manufacture, selling or distribution of gaming device, cashlesswagering system, mobile gaming system or interactive gaming system; exceptions;applicability of NRS 463.482 to 463.645, inclusive.

NRS 463.651 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commission. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 463.652 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 463.653 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 463.655 Effectof determination that manufacturer or distributor is unsuitable to holdlicense.

NRS 463.660 Amountand disposition of fees for licenses.

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

NRS 463.670 Inspectionof gaming devices, associated equipment, cashless wagering systems, mobilegaming systems and interactive gaming systems; fees.

FOREIGN GAMING

NRS 463.680 Definitions.

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

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

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

NRS 463.720 Prohibitedpractices.

MOBILE GAMING

NRS 463.730 Licenserequired to operate, manufacture, sell or distribute mobile gaming system or tomanufacture equipment associated with mobile gaming; powers and duties ofCommission; regulations; conditions.

NRS 463.735 Enforceabilityof mobile gaming debts.

INTERACTIVE GAMING

NRS 463.750 Licenserequired for person to operate interactive gaming or to manufacture interactivegaming systems; powers and duties of Commission; regulations; conditions;limitations; penalty.

NRS 463.755 Commissionmay require license for manufacturer and others selling, transferring oroffering equipment associated with interactive gaming.

NRS 463.760 Initiallicense fee for manufacturers; renewal fee.

NRS 463.765 Initiallicense fee to operate interactive gaming; renewal fee.

NRS 463.770 Monthlylicense fee based on gross revenue from operating interactive gaming; liabilityof manufacturer entitled to share revenue from interactive gaming system.

NRS 463.775 Exemptionsfrom certain fees and taxes.

NRS 463.780 Enforceabilityof interactive gaming debts.

EMERGENCY RESPONSE PLANS

NRS 463.790 Resorthotel required to maintain plan; contents; confidentiality.

_________

 

GENERAL PROVISIONS

NRS 463.010 Shorttitle. This chapter may be known and cited asthe Nevada Gaming Control Act.

[1:429:1955](NRS A 1959, 427)

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

1. TheLegislature hereby finds, and declares to be the public policy of this state,that:

(a) The gamingindustry is vitally important to the economy of the State and the generalwelfare of the inhabitants.

(b) Thecontinued growth and success of gaming is dependent upon public confidence andtrust that licensed gaming and the manufacture, sale and distribution of gamingdevices and associated equipment are conducted honestly and competitively, thatestablishments which hold restricted and nonrestricted licenses where gaming isconducted and where gambling devices are operated do not unduly impact the qualityof life enjoyed by residents of the surrounding neighborhoods, that the rightsof the creditors of licensees are protected and that gaming is free fromcriminal and corruptive elements.

(c) Publicconfidence and trust can only be maintained by strict regulation of allpersons, locations, practices, associations and activities related to theoperation of licensed gaming establishments, the manufacture, sale ordistribution of gaming devices and associated equipment and the operation ofinter-casino linked systems.

(d) Allestablishments where gaming is conducted and where gaming devices are operated,and manufacturers, sellers and distributors of certain gaming devices andequipment, and operators of inter-casino linked systems must therefore belicensed, controlled and assisted to protect the public health, safety, morals,good order and general welfare of the inhabitants of the State, to foster thestability and success of gaming and to preserve the competitive economy andpolicies of free competition of the State of Nevada.

(e) To ensurethat gaming is conducted honestly, competitively and free of criminal andcorruptive elements, all gaming establishments in this state must remain opento the general public and the access of the general public to gaming activitiesmust not be restricted in any manner except as provided by the Legislature.

2. Noapplicant for a license or other affirmative commission approval has any rightto a license or the granting of the approval sought. Any license issued orother commission approval granted pursuant to the provisions of this chapter orchapter 464 of NRS is a revocable privilege,and no holder acquires any vested right therein or thereunder.

3. Thissection does not:

(a) Abrogate orabridge any common-law right of a gaming establishment to exclude any personfrom gaming activities or eject any person from the premises of theestablishment for any reason; or

(b) Prohibit a licensee from establishing minimumwagers 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 otherwiserequires, the words and terms defined in NRS463.0133 to 463.01967, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1967, 1038; A 1971, 765; 1975, 673;1977, 1422; 1981, 677, 1073; 1983, 563, 1333; 1985, 2134; 1987, 1780; 1989,1392; 1991, 798, 925, 1405, 1837, 2263, 2269; 1993, 829; 1995, 756, 1496; 1997,1117, 3314, 3319, 3497; 2001,897, 3079; 2003, 1170; 2003, 20th SpecialSession, 3; 2005,716)

NRS 463.0133 Affiliatedefined. Affiliate means a person who,directly or indirectly through one or more intermediaries, controls, iscontrolled by or is under common control with, a specified person.

(Added to NRS by 1991, 1837)

NRS 463.0134 Applicantdefined. Applicant means any person who hasapplied for or is about to apply for a state gaming license, manufacturers license,distributors license, registration or finding of suitability under theprovisions of this chapter, a finding of suitability regarding the operation ofa charitable lottery under the provisions of chapter462 of NRS, a pari-mutuel wagering license under the provisions of chapter 464 of NRS, or approval of any act ortransaction for which commission approval is required or permitted under theprovisions of this chapter or chapter 464 ofNRS.

(Added to NRS by 1967, 1038; A 1967, 1599; 1975, 673;1991, 2263)

NRS 463.0135 Applicationdefined. Application means a request for theissuance of a state gaming license, manufacturers, sellers or distributors license,registration or finding of suitability under the provisions of this chapter,for a finding of suitability regarding the operation of a charitable lotteryunder 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 ortransaction for which commission approval is required or permitted under theprovisions of this chapter or chapter 464 ofNRS.

(Added to NRS by 1967, 1038; A 1967, 1599, 1975, 674;1991, 2263)

NRS 463.0136 Associatedequipment defined. Associated equipmentmeans:

1. Any equipment or mechanical, electromechanical orelectronic contrivance, component or machine used remotely or directly inconnection with gaming or mobile gaming, any game, race book or sports poolthat would not otherwise be classified as a gaming device, including dice,playing cards, links which connect to progressive slot machines, equipmentwhich affects the proper reporting of gross revenue, computerized systems ofbetting at a race book or sports pool, computerized systems for monitoring slotmachines and devices for weighing or counting money; or

2. A computerized system for recordation of sales foruse in an area subject to the tax imposed pursuant to NRS 368A.200.

(Added to NRS by 1985, 2133; A 1997, 3497; 2003, 20thSpecial Session, 208; 2005, 716)

NRS 463.01365 Bankinggame defined. Banking game means anygambling game in which players compete against the licensed gamingestablishment rather than against one another.

(Added to NRS by 1997, 3497)

NRS 463.0137 Boarddefined. Board means the State GamingControl Board as established by this chapter.

(Added to NRS by 1967, 1038)(Substituted in revisionfor NRS 463.0104)

NRS 463.0139 Capitallease defined. Capital lease means abailment, lease or similar transaction in which:

1. The lease is in writing;

2. The writing includes the names and addresses of thelessor and lessee, the term, amount of rental payments, a specific list of theleased equipment and details of any rights which the lessee has to extend theterm or to acquire the leased equipment during the term or at the expiration ofthe term including any renewals of the original term;

3. The lease serves as the functional equivalent of anextension of credit by the lessor to the lessee;

4. The leased equipment was acquired by the lessorspecifically for a leasing transaction; and

5. The lessor is a national banking association that isauthorized to do business in this state, a banking corporation formed orregulated under the laws of this state or a wholly owned subsidiary of such abanking association or corporation that is formed or regulated under the lawsof this state.

(Added to NRS by 1977, 1422; A 1997, 62)

NRS 463.014 Cashlesswagering system defined. Cashless wageringsystem means a method of wagering and accounting:

1. In which the validity and value of a wageringinstrument or wagering credits are determined, monitored and retained by acomputer operated and maintained by a licensee which maintains a record of eachtransaction involving the wagering instrument or wagering credits, exclusive ofthe game or gaming device on which wagers are being made. The term includescomputerized systems which facilitate electronic transfers of money directly toor from a game or gaming device; or

2. Used in a race book or sports pool in which thevalidity and value of a wagering instrument are determined, monitored andretained on a computer that maintains a record of each transaction involvingthe wagering instrument and is operated and maintained by a licensee.

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

NRS 463.0141 Chairmandefined. Chairman means the Chairman andExecutive Director of the State Gaming Control Board or the Chairman of the NevadaGaming Commission.

(Added to NRS by 1967, 1039; A 1971,765)(Substituted in revision for NRS 463.0105)

NRS 463.0142 Charitablelottery defined. Charitable lottery has themeaning ascribed to it in NRS 462.064.

(Added to NRS by 1991, 2263)

NRS 463.0143 Citydefined. City includes an unincorporatedtown.

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

NRS 463.0145 Commissiondefined. Commission means the Nevada GamingCommission.

(Added to NRS by 1967, 1039)(Substituted in revisionfor NRS 463.0107)

NRS 463.0146 Commissionerdefined. Commissioner means a member of theNevada Gaming Commission.

(Added to NRS by 1967, 1039)(Substituted in revisionfor NRS 463.0108)

NRS 463.01463 Contestdefined. Contest means a competition amongpatrons 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 patronsto participate in the competition.

(Added to NRS by 1991, 925)

NRS 463.01465 Creditcard defined. Credit card means a card,code or other device with which a person may defer payment of debt, incur debtand defer its payment, or purchase property or services and defer paymenttherefor, but does not include a card, code or other device used to activate apreexisting agreement between a person and a financial institution to extendcredit when the persons account at the financial institution is overdrawn orto maintain a specified minimum balance in the persons account at thefinancial institution.

(Added to NRS by 1995, 1495)

NRS 463.01467 Creditinstrument defined. Credit instrument meansa writing which evidences a gaming debt owed to a person who holds anonrestricted license at the time the debt is created, and includes any writingtaken in consolidation, redemption or payment of a previous credit instrument.

(Added to NRS by 1991, 798)

NRS 463.01469 Debitinstrument defined. Debit instrument meansa card, code or other device with which a person may initiate an electronictransfer of money to a game or gaming device.

(Added to NRS by 1995, 1495)

NRS 463.0147 Disseminatordefined. Disseminator means any person whofurnishes an operator of a race book, sports pool or gambling game who is licensedin this state with information relating to horse racing or other racing whichis 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 withoutcharge to any person who receives the broadcast.

(Added to NRS by 1987, 1779)

NRS 463.01473 Electronictransfer of money defined. Electronic transferof money means any transfer of money, other than a transaction initiated by acheck, draft or other similar instrument, that is initiated through anelectronic terminal, telephone, computer or magnetic tape for the purpose ofordering, instructing or authorizing a financial institution or person holdingan account on behalf of another to debit or credit an account.

(Added to NRS by 1995, 1495)

NRS 463.0148 Establishmentdefined. Establishment means any premiseswherein or whereon any gaming is done.

(Added to NRS by 1967, 1039)(Substituted in revisionfor NRS 463.0109)

NRS 463.015 ExecutiveDirector defined. Executive Director meansthe Chairman and Executive Director of the State Gaming Control Board.

(Added to NRS by 1971, 764)(Substituted in revisionfor NRS 463.01092)

NRS 463.0152 Gameand gambling game defined. Game or gamblinggame means any game played with cards, dice, equipment or any mechanical, electromechanicalor electronic device or machine for money, property, checks, credit or anyrepresentative of value, including, without limiting the generality of theforegoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack,seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck, Chinesechuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow,beat the banker, panguingui, slot machine, any banking or percentage game orany other game or device approved by the Commission, but does not include gamesplayed with cards in private homes or residences in which no person makes moneyfor operating the game, except as a player, or games operated by charitable oreducational organizations which are approved by the Board pursuant to theprovisions of NRS 463.409.

(Added to NRS by 1967, 1039; A 1969, 462; 1979, 772;1981, 1073; 1985, 2134)

NRS 463.0153 Gamingand gambling defined. Gaming or gamblingmeans to deal, operate, carry on, conduct, maintain or expose for play any gameas defined in NRS 463.0152, or tooperate an inter-casino linked system.

(Added to NRS by 1967, 1039; A 1995, 756)

NRS 463.0155 Gamingdevice defined. Gaming device means anyequipment or mechanical, electromechanical or electronic contrivance, componentor machine used remotely or directly in connection with gaming or any gamewhich affects the result of a wager by determining win or loss. The termincludes:

1. A slot machine.

2. A collection of two or more of the followingcomponents:

(a) An assembled electronic circuit which cannot bereasonably demonstrated to have any use other than in a slot machine;

(b) A cabinet with electrical wiring and provisions formounting a coin, token or currency acceptor and provisions for mounting adispenser of coins, tokens or anything of value;

(c) A storage medium containing the source language orexecutable code of a computer program that cannot be reasonably demonstrated tohave any use other than in a slot machine;

(d) An assembled video display unit;

(e) An assembled mechanical or electromechanicaldisplay unit intended for use in gambling; or

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

3. Any mechanical, electrical or other device whichmay be connected to or used with a slot machine to alter the normal criteria ofrandom selection or affect the outcome of a game.

4. A system for the accounting or management of anygame in which the result of the wager is determined electronically by using anycombination of hardware or software for computers.

5. Any combination of one of the components set forthin paragraphs (a) to (f), inclusive, of subsection 2 and any other componentwhich the Commission determines by regulation to be a machine used directly orremotely in connection with gaming or any game which affects the results of awager by determining a win or loss.

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

NRS 463.0157 Gamingemployee defined.

1. Gaming employee means any person connecteddirectly with an operator of a slot route, the operator of a pari-mutuelsystem, the operator of an inter-casino linked system or a manufacturer,distributor or disseminator, or with the operation of a gaming establishmentlicensed to conduct any game, 16 or more slot machines, a race book, sportspool or pari-mutuel wagering, including:

(a) Accounting or internal auditing personnel who aredirectly involved in any recordkeeping or the examination of records associatedwith 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 anoff-track pari-mutuel system;

(h) Employees of a person required by NRS 463.430 to be licensed to disseminateinformation concerning racing;

(i) Employees of manufacturers or distributors ofgaming equipment within this State whose duties are directly involved with themanufacture, repair or distribution of gaming devices, cashless wageringsystems, mobile gaming systems, equipment associated with mobile gamingsystems, interactive gaming systems or equipment associated with interactivegaming;

(j) Employees of operators of slot routes who have keysfor slot machines or who accept and transport revenue from the slot drop;

(k) Employees of operators of inter-casino linkedsystems, mobile gaming systems or interactive gaming systems whose dutiesinclude the operational or supervisory control of the systems or the games thatare part of the systems;

(l) Floormen;

(m) Hosts or other persons empowered to extend creditor 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 aninformation service.

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

(Added to NRS by 1981, 1067; A 1985, 2135; 1987, 413;1989, 666; 1991, 1837; 1993, 308; 1995, 756; 1997, 1117, 3498; 2001, 3079; 2005, 716)

NRS 463.0158 Gamingenterprise district defined. Gamingenterprise district means an area that has been approved by a county, city ortown as suitable for operating an establishment that has been issued anonrestricted license.

(Added to NRS by 1989, 1391)

NRS 463.0159 Gaminglicense defined. Gaming license means anylicense issued by the State or any political subdivision thereof pursuant tothis chapter or chapter 464 of NRS whichauthorizes the person named therein to engage in gaming or pari-mutuelwagering.

(Added to NRS by 1967, 1599)(Substituted in revisionfor NRS 463.0113)

NRS 463.01595 Gamingsalon defined. Gaming salon means an enclosedgaming facility which is located anywhere on the property of a resort hotelthat holds a nonrestricted license, admission to which facility is based uponthe financial criteria of a patron as established by the licensee and approvedby the Board.

(Added to NRS by 2003, 1169)

NRS 463.0161 Grossrevenue defined.

1. Gross revenue means the total of all:

(a) Cash received as winnings;

(b) Cash received in payment for credit extended by alicensee to a patron for purposes of gaming; and

(c) Compensation received for conducting any game inwhich the licensee is not party to a wager,

less thetotal of all cash paid out as losses to patrons, those amounts paid to fundperiodic payments and any other items made deductible as losses by NRS 463.3715. For the purposes of thissection, cash or the value of noncash prizes awarded to patrons in a contest ortournament are not losses, except that losses in a contest or tournamentconducted in conjunction with an inter-casino linked system may be deducted tothe extent of the compensation received for the right to participate in thatcontest 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 ingaming devices;

(c) Any portion of the face value of any chip, token orother representative of value won by a licensee from a patron for which thelicensee can demonstrate that it or its affiliate has not received cash;

(d) Cash taken in fraudulent acts perpetrated against alicensee for which the licensee is not reimbursed;

(e) Cash received as entry fees for contests ortournaments in which patrons compete for prizes, except for a contest ortournament conducted in conjunction with an inter-casino linked system;

(f ) Uncollectedbaccarat commissions; or

(g) Cash provided by the licensee to a patron andsubsequently won by the licensee, for which the licensee can demonstrate thatit or its affiliate has not been reimbursed.

3. As used in this section, baccarat commissionmeans:

(a) A fee assessed by a licensee on cash paid out as aloss to a patron at baccarat to modify the odds of the game; or

(b) A rate or fee charged by a licensee for the rightto 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 Hearingexaminer defined. Hearing examiner means amember of the State Gaming Control Board or Nevada Gaming Commission or otherperson authorized by the State Gaming Control Board or Nevada Gaming Commissionto conduct investigative hearings.

(Added to NRS by 1967, 1039)(Substituted in revisionfor NRS 463.0115)

NRS 463.0164 Independentagent defined.

1. Independent agent means any person who:

(a) Approves or grants the extension of gaming crediton behalf of a state gaming licensee or collects a debt evidenced by a creditinstrument; or

(b) Contracts with a state gaming licensee or itsaffiliate to provide services outside of Nevada consisting of arrangingcomplimentary transportation, food, lodging or other services, or anycombination thereof, whose combined retail price per person exceeds $1,000 inany 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 localgovernment authorities in the jurisdiction where the agency has its principalplace of business;

(c) A licensed attorney;

(d) A supplier of transportation;

(e) A travel agency which receives compensation solelyon the price of the transportation or lodging arranged for by the agency;

(f) An employee of a state gaming licensee or itsaffiliate; or

(g) A person who receives compensation for hisservices, other than cash, in an amount of not more than $1,000.

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

NRS 463.01642 Informationservice defined. Information service meansa person who sells and provides information to a licensed sports pool that isused primarily to aid the placing of wagers on events of any kind. The termincludes, without limitation, a person who sells and provides any:

1. Line, point spread or odds;

2. Information, advice or consultation considered by alicensee in establishing or setting any line, point spread or odds; or

3. Advice, estimate or prediction regarding theoutcome of an event.

The termdoes not include a newspaper or magazine of general circulation or a televisionor radio service or broadcast if the primary purpose of the newspaper, magazineor television or radio service or broadcast is other than to aid the placing ofwagers on events of any kind.

(Added to NRS by 1997, 1116)

NRS 463.016425 Interactivegaming defined.

1. Interactive gaming means the conduct of gamblinggames 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 acomputer information to assist in the placing of a bet or wager andcorresponding information related to the display of the game, game outcomes orother similar information. The term does not include the operation of a racebook or sports pool that uses communications technology approved by the Boardpursuant to regulations adopted by the Commission to accept wagers originatingwithin this state for races or sporting events.

2. As used in this section, communicationstechnology means any method used and the components employed by anestablishment to facilitate the transmission of information, including, withoutlimitation, 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-casinolinked system defined. Inter-casino linkedsystem means a network of electronically interfaced similar games which are locatedat two or more licensed gaming establishments that are linked to conduct gamingactivities, contests or tournaments.

(Added to NRS by 1995, 756)

NRS 463.0165 Licensedefined. License means a gaming license, amanufacturers or distributors license, a license issued to a disseminator ofinformation concerning racing or a license issued to an operator of anoff-track pari-mutuel system.

(Added to NRS by 1967, 1599; A 1991, 1838; 1993, 309)

NRS 463.0167 Licensefees defined. License fees means any moneyrequired by law to be paid to obtain or renew a gaming license, manufacturersor distributors license or license issued to an operator of an off-trackpari-mutuel system. The term also includes the fees paid by a disseminator ofinformation concerning racing.

(Added to NRS by 1967, 1039; A 1967, 1599; 1993, 309)

NRS 463.0169 Licensedgaming establishment defined. Licensed gamingestablishment means any premises licensed pursuant to the provisions of thischapter wherein or whereon gaming is done.

(Added to NRS by 1967, 1039)(Substituted in revisionfor NRS 463.0118)

NRS 463.0171 Licenseedefined. Licensee means any person to whom avalid gaming license, manufacturers or distributors license, license for theoperation of an off-track pari-mutuel system or license for dissemination ofinformation concerning racing has been issued.

(Added to NRS by 1967, 1039; A 1967, 1599; 1993, 309)

NRS 463.0172 Manufacturerdefined. Manufacturer means a person who:

1. Manufactures, assembles, programs or makesmodifications to a gaming device, cashless wagering system, mobile gamingsystem 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 designof, a mechanism, electronic circuit or computer program which cannot bereasonably demonstrated to have any application other than in a gaming device,cashless wagering system, mobile gaming system or interactive gaming system foruse or play in this State or for distribution outside of this State.

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

NRS 463.0173 Manufacturers,sellers or distributors license defined. Manufacturers,sellers or distributors license means a license issued pursuant to NRS 463.650 and 463.660.

(Added to NRS by 1967, 1600)(Substituted in revisionfor NRS 463.0120)

NRS 463.0175 Member,Board member and Commission member defined. Memberor Board member or Commission member means a member of the State GamingControl Board or a member of the Nevada Gaming Commission.

(Added to NRS by 1967, 1039)(Substituted in revisionfor NRS 463.0121)

NRS 463.0176 Mobilegaming defined. Mobile gaming means theconduct of gambling games through communications devices operated solely in publicareas of an establishment which holds a nonrestricted gaming license and whichoperates at least 100 slot machines and at least one other game by the use ofcommunications technology that allows a person to transmit information to acomputer to assist in the placing of a bet or wager and correspondinginformation related to the display of the game, game outcomes or other similarinformation. For the purposes of this section:

1. Communications technology means any method usedand the components employed by an establishment to facilitate the transmissionof information, including, without limitation, transmission and reception bysystems based on wireless network, wireless fidelity, wire, cable, radio,microwave, light, optics or computer data networks. The term does not includethe Internet.

2. Public areas does not include rooms available forsleeping or living accommodations.

(Added to NRS by 2005, 715)

NRS 463.0177 Nonrestrictedlicense and nonrestricted operation defined. Nonrestrictedlicense or nonrestricted operation means:

1. A state gaming license for, or an operation consistingof, 16 or more slot machines;

2. A license for, or operation of, any number of slotmachines together with any other game, gaming device, race book or sports poolat one establishment;

3. A license for, or the operation of, a slot machineroute;

4. A license for, or the operation of, an inter-casinolinked system; or

5. A license for, or the operation of, a mobile gamingsystem.

(Added to NRS by 1981, 1068; A 1997, 3499; 2005, 717)

NRS 463.0179 Operationdefined. Operation means the conduct ofgaming.

(Added to NRS by 1967, 1039)(Substituted in revisionfor NRS 463.0122)

NRS 463.018 Operatorof a slot machine route defined. Operator ofa slot machine route means a person who, under any agreement whereby considerationis paid or payable for the right to place slot machines, engages in thebusiness of placing and operating slot machines upon the business premises ofothers at three or more locations.

(Added to NRS by 1983, 1332; A 1985, 2262)

NRS 463.01805 Operatorof an inter-casino linked system defined. Operatorof an inter-casino linked system means a person who, under any agreementwhereby consideration is paid or payable for the right to place an inter-casinolinked system, engages in the business of placing and operating an inter-casinolinked system upon the premises of two or more licensed gaming establishments,and who is authorized to share in the revenue from the linked games withouthaving been individually licensed to conduct gaming at the establishment.

(Added to NRS by 1995, 756)

NRS 463.0181 Partydefined. Party means the State GamingControl Board and any licensee or other person appearing of record in anyproceeding before the Commission; or the Nevada Gaming Commission and anylicensee or other person appearing of record in any proceeding for judicialreview of any action, decision or order of the Commission.

(Added to NRS by 1967, 1039)(Substituted in revisionfor NRS 463.0123)

NRS 463.0182 Periodicpayments defined. Periodic payments means aseries of payments that are disbursed at least annually to remit payouts onwinning wagers to a patron.

(Added to NRS by 1995, 756)

NRS 463.0185 Quarterand calendar quarter defined. Quarter orcalendar quarter means a period of 3 consecutive months commencing on the 1stday of January, April, July or October in any year.

(Added to NRS by 1967, 1040)(Substituted in revisionfor NRS 463.0125)

NRS 463.01855 Racebook defined. Race book means the businessof accepting wagers upon the outcome of any event held at a track which usesthe pari-mutuel system of wagering.

(Added to NRS by 1985, 2133)

NRS 463.01858 Registeredas a gaming employee defined. Registered asa gaming employee means authorized to be employed as a gaming employee in thisstate or to serve as an independent agent.

(Added to NRS by 2003, 20th SpecialSession, 2)

NRS 463.0186 Regulationdefined. Regulation means a rule, standard,directive or statement of general applicability which effectuates law orpolicy, or describes the procedure or requirements for practicing before theBoard or Commission. The term includes a proposed regulation and the amendmentor repeal of a prior regulation, but does not include:

1. A statement concerning only the internal managementof the Board or Commission and not affecting the rights or procedures availableto any licensee or other person;

2. A declaratory ruling;

3. An interagency memorandum or a memorandum betweenthe Board and the Commission;

4. The Boards or the Commissions decision in acontested case or relating to an application for a license; or

5. Any notice concerning the fees to be charged whichare necessary for the administration of this chapter.

(Added to NRS by 1983, 562)

NRS 463.01862 Representativeof value defined. Representative of valuemeans any instrumentality used by a patron in a game whether or not the instrumentalitymay be redeemed for cash.

(Added to NRS by 1997, 3497)

NRS 463.01865 Resorthotel defined. Resort hotel means anybuilding or group of buildings that is maintained as and held out to the publicto be a hotel where sleeping accommodations are furnished to the transientpublic and that has:

1. More than 200 rooms available for sleepingaccommodations;

2. At least one bar with permanent seating capacityfor more than 30 patrons that serves alcoholic beverages sold by the drink forconsumption on the premises;

3. At least one restaurant with permanent seatingcapacity for more than 60 patrons that is open to the public 24 hours each dayand 7 days each week; and

4. A gaming area within the building or group ofbuildings.

(Added to NRS by 1991, 1405)

NRS 463.0187 Respondentdefined. Respondent means any licensee orother person against whom the Board has filed a complaint with the Commission.

(Added to NRS by 1967, 1040)(Substituted in revisionfor NRS 463.0126)

NRS 463.0189 Restrictedlicense and restricted operation defined. Restrictedlicense or restricted operation means a state gaming license for, or anoperation consisting of, not more than 15 slot machines and no other game orgaming device at an establishment in which the operation of slot machines isincidental to the primary business of the establishment.

(Added to NRS by 1981, 1068; A 1989, 1096)

NRS 463.0191 Slotmachine defined. Slot machine means any mechanical,electrical or other device, contrivance or machine which, upon insertion of acoin, token or similar object, or upon payment of any consideration, isavailable to play or operate, the play or operation of which, whether by reasonof the skill of the operator in playing a gambling game which is presented forplay by the machine or application of the element of chance, or both, maydeliver or entitle the person playing or operating the machine to receive cash,premiums, merchandise, tokens or any thing of value, whether the payoff is madeautomatically from the machine or in any other manner.

(Added to NRS by 1967, 1040; A 1985, 2135)

NRS 463.0193 Sportspool defined. Sports pool means thebusiness of accepting wagers on sporting events by any system or method ofwagering.

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

NRS 463.01955 Temporarilyregistered as a gaming employee defined. Temporarilyregistered as a gaming employee means authorized to be employed as a gamingemployee in this state or serve as an independent agent from the date ofsubmitting a complete application for registration or renewal of registrationfor a period not to exceed 120 days following receipt of the completeapplication by the Board, including classifiable fingerprints, unless otherwisesuspended.

(Added to NRS by 2003, 20th SpecialSession, 2)

NRS 463.0196 Tournamentdefined. Tournament means a series ofcontests.

(Added to NRS by 1991, 925)

NRS 463.01962 Wagerdefined. Wager means a sum of money or representativeof value that is risked on an occurrence for which the outcome is uncertain.

(Added to NRS by 1997, 3497)

NRS 463.01963 Wageringcredit defined. Wagering credit means arepresentative of value, other than a chip, token or wagering instrument, thatis used for wagering at a game or gaming device and is obtained by the paymentof cash or a cash equivalent, the use of a wagering instrument or theelectronic transfer of money.

(Added to NRS by 1995, 1495)

NRS 463.01967 Wageringinstrument defined. Wagering instrumentmeans a representative of value, other than a chip or token, that is issued bya licensee and approved by the Board for use in a cashless wagering system.

(Added to NRS by 1995, 1496)

NRS 463.0199 AttorneyGeneral is legal adviser for Board and Commission. TheAttorney General and his deputies are the legal advisers for the Commission andthe Board and shall represent the Commission and the Board in any proceeding towhich 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 NRS463.090)

GAMING POLICY COMMITTEE

NRS 463.021 Creation;composition; terms; meetings; recommendations advisory and not binding; ReviewPanel of Committee to consider certain appeals.

1. The Gaming Policy Committee, consisting of theGovernor as Chairman and 10 members, is hereby created.

2. The Committee must be composed of:

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

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

(c) One member of the Senate appointed by theLegislative Commission;

(d) One member of the Assembly appointed by theLegislative Commission;

(e) One enrolled member of a Nevada Indian tribeappointed by the Inter-Tribal Council of Nevada, Inc.; and

(f) Five members appointed by the Governor for terms of2 years as follows:

(1) Two representatives of the general public;

(2) Two representatives of nonrestricted gaminglicensees; and

(3) One representative of restricted gaminglicensees.

3. Members who are appointed by the Governor serve atthe pleasure of the Governor.

4. Members who are Legislators serve terms beginningwhen the Legislature convenes and continuing until the next regular session ofthe Legislature is convened.

5. Except as otherwise provided in subsection 6, theGovernor may call meetings of the Gaming Policy Committee for the exclusivepurpose of discussing matters of gaming policy. The recommendations concerninggaming policy made by the Committee pursuant to this subsection are advisoryand not binding on the Board or the Commission in the performance of theirduties and functions.

6. An appeal filed pursuant to NRS 463.3088 may be considered only by a ReviewPanel of the Committee. The Review Panel must consist of the members of theCommittee who are identified in paragraphs (a), (b) and (e) of subsection 2 andsubparagraph (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 anyelective office in the State Government, nor any officer or official of anypolitical party shall be eligible to appointment to the Commission.

3. It is the intention of the Legislature that theCommission shall be composed of the most qualified persons available,preferably no two of whom shall be of the same profession or major field ofindustry; but no person actively engaged or having a direct pecuniary interestin gaming activities shall be a member of the Commission.

4. Not more than three members of the Commission shallbe 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 Commissionand designate the member to serve as Chairman of the Commission.

2. After the initial terms, the term of office foreach 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 ofmalfeasance in office or neglect of duty.

(b) At any time without stated cause with theconcurrence 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 tothe business of the Commission as may be necessary to the discharge of theirduties.

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, eachmember 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 pecuniaryinterest in gaming activities.

(Added to NRS by 1959, 430)

NRS 463.026 Members:Salaries. The Chairman of the Commission isentitled to an annual salary of $55,000. Each of the other members is entitledto 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 Boardto furnish administrative and clerical services and equipment to Commission;administrative costs.

1. The Board shall furnish to the Commission suchadministrative and clerical services and such furnishings, equipment, supplies,stationery, books, motor vehicles and all other things as the Commission maydeem necessary or desirable in carrying out its functions.

2. Except as otherwise provided in this chapter, allcosts of administration incurred by the Board on behalf of the Commission shallbe paid out on claims from the General Fund in the State Treasury in the samemanner 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 CarsonCity, Nevada, in conjunction with the Board in rooms provided by the Buildingsand Grounds Division of the Department of Administration.

2. The Commission may, in its discretion, maintain abranch office in Las Vegas, Nevada, or at any other place in this state, inspace 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 maybe held, at the discretion of the Commission, at such times and places as itmay deem convenient, but at least one regular meeting may be held each month onor after the 15th day of the month.

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

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

STATE GAMING CONTROL BOARD

NRS 463.030 Creation;number of members. The State Gaming ControlBoard, 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 andremain, a resident of the State of Nevada.

2. No member of the Legislature, no person holding anyelective office in the State Government, nor any officer or official of anypolitical party is eligible for appointment to the Board.

3. It is the intention of the Legislature that theBoard be composed of the most qualified persons available.

4. The Chairman of the Board, who is its ExecutiveDirector, must have at least 5 years of responsible administrative experiencein public or business administration or possess broad management skills.

5. One member of the Board must be a certified publicaccountant licensed by this state or another state of the United States or apublic accountant qualified to practice public accounting under the provisionsof chapter 628 of NRS, have 5 years ofprogressively responsible experience in general accounting, and have a comprehensiveknowledge of the principles and practices of corporate finance; or such personmust possess the qualifications of an expert in the fields of corporate financeand auditing, general finance, gaming or economics.

6. One member of the Board must be selected withspecial reference to his training and experience in the fields ofinvestigation, 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 eachmember of the Board is 4 years.

2. The Governor shall appoint the members of the Boardand designate one member to serve as Chairman and Executive Director, who shallcoordinate 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 thecharges against him; and

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

The requestfor a public hearing must be made within 10 days after service upon such memberof the charges. If a hearing is not requested, a member is removed effective 10days after service of charges upon him. A record of the proceedings at thepublic 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 interestsprohibited; oaths.

1. Except as otherwise provided in NRS 284.143, each member shall devote hisentire time and attention to the business of the Board and shall not pursue anyother 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 anybusiness or organization holding a gaming license under this chapter or doingbusiness with any person or organization licensed under this chapter.

4. Before entering upon the duties of his office, eachmember shall subscribe to the constitutional oath of office and, in addition,swear that he is not pecuniarily interested in any business or organizationholding a gaming license or doing business with any such person ororganization. The oath of office shall be filed in the Office of the Secretaryof State.

[6:429:1955](NRS A 1959, 431; 1975, 934; 1977, 1114;1997, 619)

NRS 463.070 Members:Compensation. The Board members are each entitledto 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 planof organization as it may deem expedient.

(b) Acquire such furnishings, equipment, supplies,stationery, books, motor vehicles and other things as it may deem necessary ordesirable in carrying out its functions.

(c) Incur such other expenses, within the limit ofmoney available to it, as it may deem necessary.

2. Except as otherwise provided in this chapter, allcosts of administration incurred by the Board must be paid out on claims fromthe State General Fund in the same manner as other claims against the State arepaid.

3. The Board shall, within the limits of legislativeappropriations or authorizations, employ and fix the salaries of or contract forthe services of such professional, technical and operational personnel andconsultants as the execution of its duties and the operation of the Board andCommission may require.

4. The members of the Board and all the personnel ofthe Board, except clerical employees and employees described in NRS 284.148, are exempt from the provisionsof chapter 284 of NRS. They are entitled tosuch leaves of absence as the Board prescribes, but such leaves must not be oflesser duration than those provided for other state employees pursuant to chapter 284 of NRS. Employees described in NRS 284.148 are subject to the limitationsspecified in that section.

5. Clerical employees of the Board are in theclassified service but are exempt from the provisions of chapter 284 of NRS for purposes of removal. Theyare entitled to receive an annual salary which must be fixed in accordance withthe pay plan adopted under the provisions of that chapter.

6. The Board and the Commission shall, by suitableregulations, establish a comprehensive plan governing employment, jobclassifications and performance standards, and retention or discharge ofemployees to assure that termination or other adverse action is not taken againstsuch employees except for cause. The regulations must include provisions forhearings in personnel matters and for review of adverse actions taken in thosematters.

[8:429:1955](NRS A 1959, 432; 1965, 1032; 1967,1028, 1499; 1971, 767; 1981, 1074; 1993, 2092)

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

1. The position of Executive Secretary of the StateGaming 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 theCommission, and may be removed by the Board with the concurrence of theCommission.

(b) Is responsible for the conduct of the Commissionsadministrative matters and shall assist the Board in administrative matters.

(c) Shall, except as otherwise provided in NRS 284.143, devote his entire time andattention to the business of his office and shall not pursue any other businessor occupation or hold any other office of profit.

3. The Executive Secretary is entitled to an annualsalary in the amount specified by the Commission within the limits oflegislative appropriations or authorizations.

(Added to NRS by 1971, 765; A 1971, 1438; 1979, 773;1997, 619)

NRS 463.095 Employmentof consultants. The Board may employ the servicesof such persons as it considers necessary for the purposes of consultation orinvestigation.

(Added to NRS by 1971, 672; A 1981, 1074)

NRS 463.100 Offices.

1. The Board shall keep its main office at CarsonCity, Nevada, in conjunction with the Commission in rooms provided by theBuildings and Grounds Division of the Department of Administration.

2. The Board may, in its discretion, maintain a branchoffice in Las Vegas, Nevada, or at any other place in this state, in space tobe 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 atsuch times and places as it may deem convenient, and it may hold at least oneregular meeting each month.

2. All meetings of the Board are open to the publicexcept for investigative hearings which may be conducted in private at thediscretion of the Board or hearing examiner.

3. A majority of the members constitutes a quorum ofthe Board, and a majority of members present at any meeting determines theaction of the Board.

4. Investigative hearings may be conducted by one ormore members with the concurrence of a majority of the Board, or by a hearingexaminer 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 Recordsof Board and Commission; confidential treatment of certain information; reportto Legislature by Board; access by Board and Commission to certain records ofNevada Tax Commission.

1. The Boardand the Commission shall cause to be made and kept a record of all proceedingsat regular and special meetings of the Board and the Commission. These recordsare open to public inspection.

2. The Boardshall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of allaction taken with respect to those applications. The file and record are opento public inspection.

3. The Boardand the Commission may maintain such other files and records as they may deemdesirable.

4. Except asotherwise provided in this subsection and subsection 5, all information anddata:

(a) Required bythe Board or Commission to be furnished to it under this chapter or which maybe otherwise obtained relative to the finances, earnings or revenue of anyapplicant or licensee;

(b) Pertainingto an applicants criminal record, antecedents and background which have beenfurnished to or obtained by the Board or Commission from any source;

(c) Provided tothe members, agents or employees of the Board or Commission by a governmentalagency or an informer or on the assurance that the information will be held inconfidence and treated as confidential;

(d) Obtained bythe Board from a manufacturer, distributor or operator, or from an operator ofan inter-casino linked system, relating to the manufacturing of gaming devicesor the operation of an inter-casino linked system; or

(e) Prepared orobtained by an agent or employee of the Board or Commission relating to anapplication for a license, a finding of suitability or any approval that isrequired pursuant to the provisions of this chapter,

are confidential and may be revealedin whole or in part only in the course of the necessary administration of thischapter or upon the lawful order of a court of competent jurisdiction. TheBoard and Commission may reveal such information and data to an authorizedagent of any agency of the United States Government, any state or any politicalsubdivision of a state or the government of any foreign country.Notwithstanding any other provision of state law, such information may not beotherwise revealed without specific authorization by the Board or Commission.

5. Before thebeginning of each legislative session, the Board shall submit to theLegislative Commission for its review and for the use of the Legislature areport on the gross revenue, net revenue and average depreciation of alllicensees, categorized by class of licensee and geographical area and theassessed valuation of the property of all licensees, by category, as listed onthe assessment rolls.

6. Notice ofthe content of any information or data furnished or released pursuant tosubsection 4 may be given to any applicant or licensee in a manner prescribedby regulations adopted by the Commission.

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

8. All files,records, reports and other information pertaining to gaming matters in thepossession of the Nevada Tax Commission must be made available to the Board andthe Nevada Gaming Commission as is necessary to the administration of thischapter.

9. The Nevada Gaming Commission, by the affirmativevote of a majority of its members, may remove from its records the name of adebtor and the amount of tax, penalty and interest, or any of them, owed byhim, if after 5 years it remains impossible or impracticable to collect suchamounts. The Commission shall establish a master file containing theinformation 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 Commissionmay require certain nonrestricted licensees to report and maintain records oftransactions involving cash; absolute immunity from civil liability for certaindisclosures about transactions involving cash; absolute privilege of certain documents.

1. The Commission may, for the purpose of obtaining anexemption from the requirements of the Department of Treasury on reporting andkeeping of records by casinos, require nonrestricted licensees with an annualgross revenue of $1,000,000 or more to report and keep records of alltransactions involving cash.

2. A gaming licensee, or a director, officer,employee, affiliate or agent of the gaming licensee, who makes a disclosure tothe Commission, the Board or any other law enforcement agency of a possibleviolation or circumvention of law or regulation regarding a transactioninvolving cash has absolute immunity from civil liability for that disclosureor for the failure to notify a person involved in the transaction or any otherperson of that disclosure.

3. The absolute privilege set forth in NRS 463.3407 also applies to the copy of areport of a suspicious transaction filed with the Board as required byregulations adopted pursuant to subsection 1.

(Added to NRS by 1985, 1299; A 1997, 214)

NRS 463.140 Generalpowers and duties of Board and Commission.

1. The provisions of this chapter with respect tostate gaming licenses and manufacturers, sellers and distributors licensesmust be administered by the Board and the Commission, which shall administerthem for the protection of the public and in the public interest in accordancewith the policy of this state.

2. The Board and the Commission and their agents may:

(a) Inspect and examine all premises wherein gaming isconducted or gambling devices or equipment are manufactured, sold ordistributed.

(b) Inspect all equipment and supplies in, upon orabout such premises.

(c) Summarily seize and remove from such premises andimpound any equipment, supplies, documents or records for the purpose ofexamination and inspection.

(d) Demand access to and inspect, examine, photocopyand audit all papers, books and records of any applicant or licensee, on hispremises, or elsewhere as practicable, and in the presence of the applicant orlicensee, or his agent, respecting the gross income produced by any gamingbusiness, and require verification of income, and all other matters affectingthe enforcement of the policy or any of the provisions of this chapter.

(e) Demand access to and inspect, examine, photocopyand audit all papers, books and records of any affiliate of a licensee whom theBoard 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 affiliates premises or elsewhereas practicable, and in the presence of the affiliate or its agent.

3. For the purpose of conducting audits after thecessation of gaming by a licensee, the former licensee shall furnish, upondemand of an agent of the Board, books, papers and records as necessary toconduct the audits. The former licensee shall maintain all books, papers andrecords necessary for audits for 1 year after the date of the surrender orrevocation of his gaming license. If the former licensee seeks judicial reviewof a deficiency determination or files a petition for a redetermination, hemust maintain all books, papers and records until a final order is entered onthe determination.

4. The Board may investigate, for the purpose ofprosecution, any suspected criminal violation of the provisions of thischapter, chapter 205 of NRS involving a crimeagainst the property of a gaming licensee, NRS207.195 or chapter 462, 463B, 464, 465 or 466 ofNRS.

5. The Board and the Commission or any of its membershas full power and authority to issue subpoenas and compel the attendance ofwitnesses at any place within this state, to administer oaths and to requiretestimony under oath. Any process or notice may be served in the mannerprovided for service of process and notices in civil actions. The Board or theCommission may pay such transportation and other expenses of witnesses as itmay deem reasonable and proper. Any person making false oath in any matter beforeeither the Board or Commission is guilty of perjury. The Board and Commissionor any member thereof may appoint hearing examiners who may administer oathsand 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 Investigationof qualifications of applicants and observation of conduct of licensees andother persons by Board; absolute powers of Board and Commission.

1. The Board shall investigate the qualifications ofeach applicant under this chapter before any license is issued or anyregistration, finding of suitability or approval of acts or transactions forwhich Commission approval is required or permission is granted, and shallcontinue to observe the conduct of all licensees and other persons having amaterial involvement directly or indirectly with a licensed gaming operation orregistered holding company to ensure that licenses are not issued or held by,nor is there any material involvement directly or indirectly with a licensed gamingoperation or registered holding company by unqualified, disqualified or unsuitablepersons, or persons whose operations are conducted in an unsuitable manner orin unsuitable or prohibited places or locations.

2. To request and receive information from the FederalBureau of Investigation concerning an investigation of an applicant pursuant tothis section, the Board must receive a complete set of fingerprints of theapplicant which the Board must forward to the Central Repository for NevadaRecords of Criminal History for submission to the Federal Bureau ofInvestigation for its report.

3. The Board has full and absolute power and authorityto recommend the denial of any application, the limitation, conditioning orrestriction of any license, registration, finding of suitability or approval,the suspension or revocation of any license, registration, finding ofsuitability or approval or the imposition of a fine upon any person licensed,registered, found suitable or approved for any cause deemed reasonable by theBoard.

4. The Commission has full and absolute power andauthority to deny any application or limit, condition, restrict, revoke orsuspend any license, registration, finding of suitability or approval, or fineany person licensed, registered, found suitable or approved, for any causedeemed reasonable by the Commission.

(Added to NRS by 1981, 1068; A 2003, 2850)

NRS 463.141 Initiationof proceedings and actions to enforce chapters. TheCommission or Board shall initiate proceedings or actions appropriate toenforce the provisions of this chapter and chapter462 of NRS, and may request that a district attorney or recommend that theAttorney General prosecute any public offense committed in violation of anyprovision of this chapter or of chapter 462, 463B, 464 or 466 of NRS. If the Board initiates any action orproceeding or requests the prosecution of any offense, it shall immediately notifythe Commission.

(Added to NRS by 1967, 1040; A 1981, 546; 1991, 2264;1993, 2120)

NRS 463.142 Civilaction by Board to collect fees, interest, penalty or tax; attachment; recordsas 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 ofthis chapter becomes due and payable;

(b) Within 5 years after the delinquency of any amountof such fees, interest, penalties or tax; or

(c) Within 3 years after the Board has, within one ofthe 5-year periods limited by paragraphs (a) and (b), made a determination ofany fee, interest, penalty or tax pursuant to NRS463.388, whichever period extends the longest,

the Boardmay bring a civil action in the courts of this state, or any other state, or ofthe United States, in the name of the State of Nevada to collect the amount duetogether with penalties and interest. An action may be brought even though theperson owing the amount is no longer a gaming licensee under the provisions ofthis chapter.

2. If the action is brought in this state:

(a) A writ of attachment may issue, and no bond oraffidavit previous to the issuing of the attachment is required.

(b) The records of the Board are prima facie evidenceof the determination of the tax or the amount of the tax, the delinquency ofthe amount set forth and compliance by the Board with all the provisions ofthis 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 Exerciseof other necessary powers by Commission. TheCommission may exercise any proper power and authority necessary to perform theduties assigned to it by the Legislature, and is not limited by any enumerationof powers in this chapter.

(Added to NRS by 1967, 1040)

NRS 463.144 Commissionand Board may refuse to reveal certain matters in court or administrative proceedings. The Commission and the Board may refuse to reveal, in anycourt or administrative proceeding except a proceeding brought by the State ofNevada, the identity of an informant, or the information obtained from theinformant, 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. Except as otherwise provided in NRS 368A.140, the Commission shall, pursuantto NRS 463.150, adopt, amend and repealregulations in accordance with the following procedures:

(a) At least 30 days before the initial meeting of theCommission and 20 days before any subsequent meeting at which the adoption,amendment or repeal of a regulation is considered, notice of the proposedaction must be:

(1) Published in such newspaper as theCommission prescribes;

(2) Mailed to every person who has filed arequest therefor with the Commission; and

(3) When the Commission deems advisable, mailedto any person whom the Commission believes would be interested in the proposedaction, and published in such additional form and manner as the Commissionprescribes.

(b) The notice of proposed adoption, amendment orrepeal must include:

(1) A statement of the time, place and nature ofthe proceedings for adoption, amendment or repeal;

(2) Reference to the authority under which theaction is proposed; and

(3) Either the express terms or an informativesummary of the proposed action.

(c) On the date and at the time and place designated inthe notice, the Commission shall afford any interested person or his authorizedrepresentative, or both, the opportunity to present statements, arguments orcontentions in writing, with or without opportunity to present them orally. TheCommission shall consider all relevant matter presented to it before adopting,amending or repealing any regulation.

(d) Any interested person may file a petition with theCommission requesting the adoption, amendment or repeal of a regulation. Thepetition 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 Commissionto take the action requested.

Upon receiptof the petition, the Commission shall within 45 days deny the request inwriting 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 suchaction is necessary for the immediate preservation of the public peace, health,safety, morals, good order or general welfare, together with a statement of thefacts constituting the emergency.

2. In any hearing held pursuant to this section, theCommission or its authorized representative may administer oaths oraffirmations, and may continue or postpone the hearing from time to time and atsuch places as it prescribes.

3. The Commission may request the advice andassistance of the Board in carrying out the provisions of this section.

(Added to NRS by 1959, 436; A 1965, 322; 1969, 312;1973, 1267; 1977, 1418; 1987, 185; 1993, 310; 2005, 22ndSpecial Session, 145)

NRS 463.150 Requiredprovisions.

1. The Commission shall, from time to time, adopt,amend or repeal such regulations, consistent with the policy, objects andpurposes of this chapter as it may deem necessary or desirable in the publicinterest in carrying out the policy and provisions of this chapter.

2. These regulations must, without limiting the generalpowers herein conferred, include the following:

(a) Prescribing the method and form of applicationwhich any applicant for a gaming license or for a manufacturers, sellers ordistributors license must follow and complete before consideration of hisapplication by the Board.

(b) Prescribing the information to be furnished by anyapplicant or licensee concerning his antecedents, habits, character,associates, criminal record, business activities and financial affairs, past orpresent.

(c) Prescribing the information to be furnished by alicensee relating to his gaming employees.

(d) Requiring fingerprinting of an applicant orlicensee or employee of a licensee or other methods of identification.

(e) Prescribing the manner and procedure of all hearingsconducted by the Board or Commission or any hearing examiner of the Board orCommission, including special rules of evidence applicable thereto and noticesthereof.

(f) Requiring any applicant to pay all or any part ofthe fees and costs of investigation of such applicant as may be determined bythe Board.

(g) Prescribing the manner and method of collection andpayment of fees and issuance of licenses.

(h) Defining and limiting the area, games and devicespermitted, and the method of operation of such games and devices for thepurposes of this chapter.

(i) Prescribing under what conditions the nonpayment ofa gambling debt by a licensee shall be deemed grounds for revocation orsuspension of his license.

(j) Governing the manufacture, sale and distribution ofgambling devices and equipment.

(k) Requiring any applicant or licensee to waive anyprivilege with respect to any testimony at any hearing or meeting of the Boardor Commission, except any privilege afforded by the Constitutions of the UnitedStates or this state.

(l) Prescribing the qualifications of, and theconditions under which, attorneys, accountants and others are permitted topractice before the Board or Commission.

[15:429:1955](NRS A 1959, 435; 1967, 1598; 1969,463; 1973, 1268; 1981, 1078)

NRS 463.151 Regulationsrequiring exclusion or ejection of certain persons from licensedestablishments: Persons included.

1. The Legislature hereby declares that the exclusionor ejection of certain persons from licensed gaming establishments whichconduct pari-mutuel wagering or operate any race book, sports pool or games,other than slot machines only, is necessary to effectuate the policies of thischapter and to maintain effectively the strict regulation of licensed gaming.

2. The Commission may by regulation provide for theestablishment of a list of persons who are to be excluded or ejected from anylicensed gaming establishment which conducts pari-mutuel wagering or operatesany race book, sports pool or games, other than slot machines only. The listmay include any person whose presence in the establishment is determined by theBoard and the Commission to pose a threat to the interests of this state or tolicensed gaming, or both.

3. In making that determination, the Board and theCommission may consider any:

(a) Prior conviction of a crime which is a felony inthis state or under the laws of the United States, a crime involving moralturpitude or a violation of the gaming laws of any state;

(b) Violation or conspiracy to violate the provisionsof this chapter relating to:

(1) The failure to disclose an interest in agaming establishment for which the person must obtain a license; or

(2) Willful evasion of fees or taxes;

(c) Notorious or unsavory reputation which wouldadversely affect public confidence and trust that the gaming industry is freefrom criminal or corruptive elements; or

(d) Written order of a governmental agency whichauthorizes the exclusion or ejection of the person from an establishment atwhich gaming or pari-mutuel wagering is conducted.

4. Race, color, creed, national origin or ancestry, orsex 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 Regulationsrequiring exclusion or ejection of certain persons from licensedestablishments: Notice to person whose name is placed on list. Whenever the name and description of any person is placedon a list pursuant to NRS 463.151, theBoard shall serve notice of such fact to such person:

1. By personal service;

2. By certified mail to the last known address of suchperson; or

3. By publication daily for 1 week in one of theprincipal newspapers published in the City of Reno and in one of the principalnewspapers published in the City of Las Vegas, Nevada.

(Added to NRS by 1967, 1041)

NRS 463.153 Regulationsrequiring exclusion or ejection of certain persons from licensedestablishments: Hearing; disposition; judicial review.

1. Within 30 days after service by mail or in personor 60 days after the last publication, as provided in NRS 463.152, the person named may demand ahearing before the Commission and show cause why he should have his name takenfrom such a list. Failure to demand a hearing within the time allotted in thissection precludes the person from having an administrative hearing, but in noway affects his right to petition for judicial review as provided in paragraph(b) of subsection 3.

2. Upon receipt of a demand for hearing, theCommission shall set a time and place for the hearing. This hearing must not beheld later than 30 days after receipt of the demand for the hearing, unless thetime of the hearing is changed by agreement of the Commission and the persondemanding the hearing.

3. If, upon completion of the hearing, the Commissiondetermines that:

(a) The regulation does not or should not apply to theperson 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 ejectionlist was proper, the Commission shall make and enter in its minutes an order tothat effect. This order is subject to review by any court of competentjurisdiction in accordance with the provisions of NRS 463.315 to 463.318, inclusive.

(Added to NRS by 1967, 1041; A 1983, 1552; 1985, 717;1987, 186)

NRS 463.154 Regulationsrequiring exclusion or ejection of certain persons from licensedestablishments: Penalties for failure to exclude or eject. The Commission may revoke, limit, condition, suspend orfine an individual licensee or licensed gaming establishment which conductspari-mutuel wagering or operates any race book, sports pool or games, otherthan slot machines only, in accordance with the laws of this state and theregulations of the Commission, if that establishment or any individual licenseeaffiliated therewith knowingly fails to exclude or eject from the premises ofthe licensed establishment any person placed on the list of persons to beexcluded or ejected.

(Added to NRS by 1967, 1042; A 1977, 1431; 1979, 774;1981, 541; 1985, 2136)

NRS 463.155 Regulationsrequiring exclusion or ejection of certain persons from licensedestablishments: Unlawful entry by person whose name has been placed on list;penalty. Any person who has been placed on thelist of persons to be excluded or ejected from any licensed gamingestablishment pursuant to NRS 463.151 isguilty of a gross misdemeanor if he thereafter enters the premises of alicensed gaming establishment which conducts pari-mutuel wagering or operatesany race book, sports pool or games, other than slot machines only, withoutfirst having obtained a determination by the Commission that he should not havebeen 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 Regulationsconcerning 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 Regulationsconcerning financial practices of licensees: Minimum procedures for control ofinternal fiscal affairs of nonrestricted licensees; internal audits. The Commission shall by regulation:

1. Prescribe minimum procedures for adoption by eachnonrestricted licensee to exercise effective control over its internal fiscalaffairs, which must include, but are not limited to, provisions for:

(a) The safeguarding of its assets and revenues,especially the recording of cash and evidences of indebtedness; and

(b) The provision of reliable records, accounts andreports of transactions, operations and events, including reports to the Boardand the Commission.

2. Provide for the adoption and use of internalaudits, whether by qualified internal auditors or by accountants holding apermit to practice public accounting, in the case of each nonrestrictedlicensee whose operation equals or exceeds a specified size. The regulations orany standards adopted pursuant to such regulations must, if the stock of thenonrestricted licensee is publicly traded, preclude internal audits by the sameindependent accountant hired to provide audits, compiled statements or reviewsof the financial statements required by NRS463.159. As used in this subsection, internal audit means a type ofcontrol which operates through the testing and evaluation of other controls andwhich is also directed toward observing proper compliance with the minimumstandards of control prescribed pursuant to subsection 1.

(Added to NRS by 1967, 1277; A 2003, 20thSpecial Session, 273)

NRS 463.158 Regulationsconcerning financial practices of licensees: Periodic financial reports fromnonrestricted licensees. The Commission shallby regulation require periodic financial reports from each nonrestrictedlicensee, and:

1. Specify standard forms for reporting financialcondition, results of operations and other relevant financial information.

2. Formulate a uniform code of accounts and accountingclassifications to assure consistency, comparability and effective disclosureof financial information.

3. Prescribe the intervals at which such informationshall be furnished. For this purpose the Commission may classify licensees bysize of operation.

(Added to NRS by 1967, 1277)

NRS 463.159 Regulationsconcerning financial practices of licensees: Audits, compilations and reviewsof financial statements of nonrestricted licensees; independent accountants.

1. The Commission shall by regulation require auditsof the financial statements of all nonrestricted licensees whose annual grossrevenue is $5,000,000 or more.

2. The Commission may require audits, compiledstatements or reviews of the financial statements of nonrestricted licenseeswhose annual gross revenue is less than $5,000,000.

3. The amounts of annual gross revenue provided for insubsections 1 and 2 must be increased or decreased annually in an amountcorresponding to the percentage of increase or decrease in the Consumer PriceIndex (All Items) published by the United States Department of Labor for thepreceding year. On or before December 15 of each year, the Commission shalldetermine the amount of the increase or decrease required by this subsectionand establish the adjusted amounts of annual gross revenue in effect for thesucceeding calendar year. The audits, compilations and reviews provided for insubsections 1 and 2 must be made by independent accountants holding permits topractice public accounting in the State of Nevada.

4. Except as otherwise provided in subsection 5, forevery audit required pursuant to this section:

(a) The independent accountants shall submit an auditreport which must express an unqualified or qualified opinion or, ifappropriate, disclaim an opinion on the statements taken as a whole inaccordance with standards for the accounting profession established by rulesand regulations of the Nevada State Board of Accountancy, but the preparationof statements without audit does not constitute compliance.

(b) The examination and audit must disclose whether theaccounts, records and control procedures maintained by the licensee are asrequired by the regulations published by the Commission pursuant to NRS 463.156 to 463.1592, inclusive.

5. If the license of a nonrestricted licensee isterminated within 3 months after the end of a period covered by an audit, thelicensee may submit compiled statements in lieu of an additional auditedstatement for the licensees final period of business.

(Added to NRS by 1967, 1277; A 1971, 673; 1985, 2137;1991, 2255; 1997, 3500)

NRS 463.1592 Regulationsconcerning financial practices of licensees: Organization of audit function ofState Gaming Control Board; economic research and planning function. The Commission shall by regulation provide for:

1. The organization of the Boards audit function inconformity with other accounting and auditing provisions of its regulations andwith acceptable and modern auditing practices.

2. The organization and administration of an economicresearch and planning function by a central body which shall gather, evaluateand disseminate facts regarding the economics of the gaming industry andeconomic conditions affecting the industry. The regulations shall include provisionfor the organizational status of this body, its staffing structure, and abudget for its operations.

(Added to NRS by 1967, 1277)

NRS 463.1593 Regulationsconcerning financial practices of licensees: Duties of Legislative Auditor. The Legislative Auditor shall in performing his regularaudits of the Commission and the Board, and in addition whenever so directed bya concurrent resolution of the Legislature, ascertain whether the control andrelated practices prescribed by NRS 463.157to 463.1592, inclusive, are beingefficiently, effectively and equitably administered.

(Added to NRS by 1967, 1278; A 1973, 1669)

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

1. The Commission shall adopt regulations, consistentwith NRS 463.370, 463.371 and 463.3715, that prescribe the manner inwhich winnings, compensation from games and gaming devices, and gross revenuemust be computed and reported by the licensee.

2. The Commission may adopt regulations that prescribethe manner in which a licensee must submit to the Commission any fees,interest, penalties or tax required to be paid based upon the informationreported in subsection 1.

(Added to NRS by 1981, 1543; A 2003, 20th SpecialSession, 3)

NRS 463.1596 Regulationsconcerning recovery of gaming debts by patrons. TheCommission may adopt such regulations as it deems necessary to carry out theprovisions of NRS 463.362 to 463.366, inclusive.

(Added to NRS by 1983, 1847)

NRS 463.1597 Regulationsconcerning licensing of corporations and limited partnerships. The Commission shall, with the advice and assistance ofthe Board, adopt regulations to implement the provisions of NRS 463.482 to 463.645, inclusive, and shall thereaftermaintain such regulations in conformity thereto.

(Added to NRS by 1971, 672)(Substituted in revisionfor NRS 463.1594)

NRS 463.1598 Regulationsgoverning sale or offering for sale of securities.

1. The Commission may:

(a) Adopt regulations governing the sale or offeringfor sale of securities, by public or other offerings, of any affiliated companyof a corporate licensee.

(b) Pursue any remedy or combination of remediesprovided in this chapter for a violation of any regulation adopted pursuant tothis section, but any such violation does not affect the validity of thesecurities issued.

2. As used in this section, unless the context otherwiserequires, sale means every contract of sale, contract to sell, disposition ortransfer whether or not for value. The term includes any exchange and anymaterial change in the rights, preferences, privileges or restrictions of or onoutstanding securities.

(Added to NRS by 1981, 1073)

NRS 463.1599 Regulationsgoverning operation of slot machine routes. TheCommission shall, from time to time, adopt, amend or repeal such regulations,consistent with the policy, objects and purposes of this chapter as it may deemnecessary or desirable in the public interest governing the operation of slotmachine routes, the licensing of their operators and the reports appropriate tosuch an operation.

(Added to NRS by 1983, 1333)

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

1. TheCommission shall adopt regulations governing the approval and operation ofinter-casino linked systems and the licensing of the operators of such systems.

2. TheCommission shall include in the regulations, without limitation:

(a) Standardsfor the approval and operation of an inter-casino linked system.

(b) Requirementsfor the:

(1) Operatorof an inter-casino linked system to disclose to the Board, the Commission andlicensees on a confidential basis the rate of progression of the primaryjackpot meter; and

(2) Establishmentof a minimum rate of progression of the primary jackpot meter.

(c) Criteriafor multiple licensing of inter-casino linked systems and the operators ofinter-casino linked systems.

(d) Procedures and criteria for the regular auditing ofthe regulatory compliance of an operator of an inter-casino linked system.

(Added to NRS by 1995, 756; A 1999, 951)

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

1. The Commission shall, with the advice andassistance of the Board, adopt regulations authorizing a gaming licensee tocharge a fee for admission to an area in which gaming is conducted inaccordance with the provisions of this section.

2. The regulations adopted by the Commission pursuantto this section must include, without limitation, provisions that:

(a) A gaming licensee may not charge a fee pursuant tothis section unless:

(1) The Chairman of the Board grantsadministrative approval of a request by a gaming licensee to charge such a fee;and

(2) Such administrative approval is not revokedor suspended by the Chairman of the Board.

(b) The Chairman of the Board may, in his sole andabsolute discretion, grant, deny, limit, condition, restrict, revoke or suspendany administrative approval of a request by a gaming licensee to charge a feepursuant to this section. In considering such a request, the Chairman of theBoard shall consider all relevant factors, including, without limitation:

(1) The size of the area;

(2) The amount of gaming that occurs within thearea;

(3) The types and quantity of gaming offered;

(4) The business purpose of the area;

(5) Other amenities that are offered within thearea;

(6) The amount of the costs and expensesincurred in creating the area;

(7) The benefit to the State in having gamingconducted within the area;

(8) The amount of the fee charged and whetherthe fee charged is unreasonable as compared to the prevailing practice withinthe industry; and

(9) Whether the area should more appropriatelybe treated as a gaming salon.

The decisionof the Chairman of the Board regarding such a request may be appealed by thegaming licensee to the Commission pursuant to its regulations.

(c) A gaming licensee who charges a fee pursuant tothis section:

(1) Shall deposit with the Board and thereaftermaintain a refundable revolving fund in an amount determined by the Commissionto pay the expenses of admission of agents of the Board or Commission to the areafor which a fee for admission is charged.

(2) Shall arrange for access by agents of theBoard or Commission to the area for which a fee for admission is charged.

(3) Shall, at all times that a fee is chargedfor admission to an area pursuant to this section in an establishment for whicha nonrestricted license has been issued, provide for the public at least thesame number of gaming devices and games in a different area for which no fee ischarged for admission.

(4) Shall, at all times that a fee is chargedfor admission to an area pursuant to this section in an establishment for whicha restricted license has been issued, post a sign of a suitable size in aconspicuous place near the entrance of the establishment that provides noticeto patrons that they do not need to pay an admission fee or cover charge toengage in gaming.

(5) Shall not use a fee charged for admission tocreate a private gaming area that is not operated in association or conjunctionwith a nongaming activity, attraction or facility.

(6) Shall not restrict admission to the area forwhich a fee for admission is charged to a patron on the ground of race, color,religion, national origin or disability of the patron, and any unresolveddispute with a patron concerning restriction of admission shall be deemed adispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuantto NRS 463.362 to 463.366, inclusive.

(d) If a gaming licensee who holds a nonrestrictedlicense charges a fee pursuant to this section, unless the area for which a feefor admission is charged is otherwise subject to the excise tax on admission toany facility in this State where live entertainment is provided pursuant to chapter 368A of NRS, the determination of theamount of the liability of the gaming licensee for that tax:

(1) Includes the fees charged for admissionpursuant to this section; and

(2) Does not include charges for food,refreshments and merchandise collected in the area for which admission ischarged.

(Added to NRS by 2005, 1355)

REGULATION OF PERSONS INVOLVED IN GAMING

NRS 463.160 Licensesrequired; unlawful to permit certain gaming activities to be conducted withoutlicense; 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 orin conjunction with others:

(a) To deal, operate, carry on, conduct, maintain orexpose for play in the State of Nevada any gambling game, gaming device,inter-casino linked system, mobile gaming system, slot machine, race book orsports pool;

(b) To provide or maintain any information service;

(c) To operate a gaming salon; or

(d) To receive, directly or indirectly, anycompensation or reward or any percentage or share of the money or propertyplayed, for keeping, running or carrying on any gambling game, slot machine,gaming device, mobile gaming system, race book or sports pool,

withouthaving first procured, and thereafter maintaining in effect, all federal,state, county and municipal gaming licenses as required by statute, regulationor ordinance or by the governing board of any unincorporated town.

2. The licensure of an operator of an inter-casinolinked system is not required if:

(a) A gaming licensee is operating an inter-casinolinked system on the premises of an affiliated licensee; or

(b) An operator of a slot machine route is operating aninter-casino linked system consisting of slot machines only.

3. Except as otherwise provided in subsection 4, it isunlawful for any person knowingly to permit any gambling game, slot machine,gaming device, inter-casino linked system, mobile gaming system, race book orsports pool to be conducted, operated, dealt or carried on in any house orbuilding or other premises owned by him, in whole or in part, by a person whois not licensed pursuant to this chapter, or his employee.

4. The Commission may, by regulation, authorize aperson to own or lease gaming devices for the limited purpose of display or usein the persons private residence without procuring a state gaming license.

5. As used in this section, affiliated licensee hasthe meaning ascribed to it in NRS 463.430.

[16:429:1955](NRS A 1959, 437; 1961, 662; 1965,1032; 1967, 1029, 1591; 1969, 372; 1971, 229; 1975, 675; 1977, 1423; 1979, 775,1014, 1523; 1981, 1078; 1983, 140; 1985, 2137; 1989, 708, 969; 1995, 758; 1997,117, 1118, 3500; 2001,897; 2003, 1170;2005, 717)

NRS 463.1605 Limitationon approval of nonrestricted license in county whose population is 100,000 ormore; additional local regulation of resort hotels permissible.

1. Except as otherwise provided in subsection 3, theCommission shall not approve a nonrestricted license, other than for theoperation of a mobile gaming system, race book or sports pool at anestablishment which holds a nonrestricted license to operate both gamingdevices and a gambling game, for an establishment in a county whose populationis 100,000 or more unless the establishment is a resort hotel.

2. A county, city or town may require resort hotels tomeet standards in addition to those required by this chapter as a condition ofissuance of a gaming license by the county, city or town.

3. The Commission may approve a nonrestricted licensefor an establishment which is not a resort hotel at a new location if:

(a) The establishment was acquired or displacedpursuant to a redevelopment project undertaken by an agency created pursuant toNRS 279.382 to 279.685, inclusive, in accordance with afinal order of condemnation entered before June 17, 2005; or

(b) The establishment was acquired or displacedpursuant to a redevelopment project undertaken by an agency created pursuant toNRS 279.382 to 279.685, inclusive, in accordance with afinal order of condemnation entered on or after June 17, 2005, and the newlocation of the establishment is within the same redevelopment area as theformer location of the establishment.

(Added to NRS by 1991, 1405; A 1993, 2048; 1995,2234; 2005, 718, 2210)

NRS 463.161 Licenseto operate 15 or fewer slot machines: Conditions. Alicense to operate 15 or fewer slot machines at an establishment in which the operationof slot machines is incidental to the primary business conducted at the establishmentmay only be granted to the operator of the primary business or to a licensedoperator of a slot machine route.

(Added to NRS by 1985, 2262)

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

1. Except as otherwise provided in subsections 2 and3, it is unlawful for any person to:

(a) Lend, let, lease or otherwise deliver or furnishany equipment of any gambling game, including any slot machine, for anyinterest, percentage or share of the money or property played, under guise ofany 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 ofany agreement whereby any consideration is paid or is payable for the right topossess or use that slot machine, whether the consideration is measured by apercentage of the revenue derived from the machine or by a fixed fee orotherwise, without having first procured a state gaming license for the slotmachine.

(c) Furnish services or property, real or personal, onthe basis of a contract, lease or license, pursuant to which that personreceives payments based on earnings or profits from any gambling game,including any slot machine, without having first procured a state gaminglicense.

2. The provisions of subsection 1 do not apply to anyperson:

(a) Whose payments are a fixed sum determined inadvance on a bona fide basis for the furnishing of services or property otherthan a slot machine.

(b) Who furnishes services or property under a bonafide rental agreement or security agreement for gaming equipment.

(c) That is a wholly owned subsidiary of:

(1) A corporation, limited partnership orlimited-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 withthe laws applicable to it.

(d) Who is licensed as a distributor and who rents orleases any equipment of any gambling game including any slot machine, under abona fide agreement where the payments are a fixed sum determined in advanceand not determined as a percentage of the revenue derived from the equipment orslot machine.

(e) Who is found suitable by the Commission to act asan independent agent.

Receipts orrentals or charges for real property, personal property or services do not losetheir character as payments of a fixed sum or as bona fide because of provisionsin a contract, lease or license for adjustments in charges, rentals or fees onaccount of changes in taxes or assessments, escalations in the cost-of-livingindex, expansions or improvement of facilities, or changes in servicessupplied. Receipts of rentals or charges based on percentage between acorporate licensee or a licensee who is a limited partnership orlimited-liability company and the entities enumerated in paragraph (c) arepermitted under this subsection.

3. The Commission may, upon the issuance of itsapproval or a finding of suitability, exempt a holding company from thelicensing requirements of subsection 1.

4. The Board may require any person exempted by theprovisions of subsection 2 or paragraph (b) of subsection 1 to provide suchinformation as it may require to perform its investigative duties.

5. The Board and the Commission may require a findingof suitability or the licensing of any person who:

(a) Owns any interest in the premises of a licensedestablishment or owns any interest in real property used by a licensedestablishment whether he leases the property directly to the licensee orthrough an intermediary.

(b) Repairs, rebuilds or modifies any gaming device.

(c) Manufactures or distributes chips or gaming tokensfor use in this state.

6. If the Commission finds a person described insubsection 5 unsuitable, a licensee shall not enter into any contract oragreement with that person without the prior approval of the Commission. Any otheragreement between the licensee and that person must be terminated upon receiptof notice of the action by the Commission. Any agreement between a licensee anda person described in subsection 5 shall be deemed to include a provision forits termination without liability on the part of the licensee upon a finding bythe Commission that the person is unsuitable. Failure expressly to include thatcondition in the agreement is not a defense in any action brought pursuant tothis section to terminate the agreement. If the application is not presented tothe Board within 30 days after demand, the Commission may pursue any remedy orcombination of remedies provided in this chapter.

(Added to NRS by 1981, 1069; A 1987, 323; 1989, 403;1991, 798; 1993, 1996)

NRS 463.163 Operationof gaming device in restricted area of public transportation facility: Priorapproval of Board required.

1. A licensee shall not operate a gaming device in arestricted area of a public transportation facility without prior approval ofthe Board.

2. If approval to operate a gaming device in arestricted area of a public transportation facility is sought for a gamingdevice located in an area of a public transportation facility that may become arestricted area, the application for approval must be filed with the Board atleast 15 days before the anticipated restriction of the area or such shortertime as the Board may allow.

3. As used in this section:

(a) Public transportation facility has the meaningascribed to it in NRS 463.177.

(b) Restricted area means a portion of a publictransportation facility for which the access of the general public isrestricted or screening of the general public is required.

(Added to NRS by 1991, 968)

NRS 463.165 Licensingof certain persons having significant influence over gaming operation oflicensee; remuneration, contracts and employment prohibited for certainunsuitable or unlicensed persons; termination of contracts or agreements forservices or employment; Board to maintain list of unsuitable and unlicensedpersons.

1. Except for persons associated with licensed corporations,limited partnerships or limited-liability companies and required to be licensedpursuant to NRS 463.530, 463.569 or 463.5735, each employee, agent, guardian,personal representative, lender or holder of indebtedness of a gaming licenseewho, in the opinion of the Commission, has the power to exercise a significantinfluence over the licensees operation of a gaming establishment may berequired to apply for a license.

2. A person required to be licensed pursuant tosubsection 1 shall apply for a license within 30 days after the Commissionrequests that he do so.

3. If an employee required to be licensed undersubsection 1:

(a) Does not apply for a license within 30 days afterbeing requested to do so by the Commission, and the Commission makes a findingof 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 capacityin which he is required to be licensed and shall not permit him to exercise asignificant influence over the operation of the gaming establishment upon beingnotified by registered or certified mail of that action.

4. A gaming licensee or an affiliate of the licenseeshall not pay to a person whose employment has been terminated pursuant tosubsection 3 any remuneration for any service performed in any capacity inwhich he is required to be licensed, except for amounts due for servicesrendered 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 anyactivity at the licensed gaming establishment between a gaming licensee or anaffiliate of the licensee and a person terminated pursuant to subsection3 is subject to termination. Every such agreement shall be deemed to include aprovision for its termination without liability on the part of the licensee oraffiliate upon a finding by the Commission that the person is unsuitable to beassociated with a gaming enterprise. Failure expressly to include thatcondition in the agreement is not a defense in any action brought pursuant tothis section to terminate the agreement.

5. A gaminglicensee or an affiliate of the licensee shall not, without the prior approvalof the Commission, enter into any contract or agreement with a person who isfound unsuitable or who is denied a license or whose license is revoked by theCommission, and whose name has been placed on the list maintained pursuant tosubsection 8, or with any business enterprise that the licensee knows or underthe circumstances reasonably should know is under the control of that personafter the date of receipt of notice of the action by the Commission. Everycontract or agreement for personal services to a gaming licensee or anaffiliate or for the conduct of any activity at a licensed gaming establishmentshall be deemed to include a provision for its termination without liability onthe part of the licensee or affiliate upon a finding by the Commission that theperson is unsuitable to be associated with a gaming enterprise. Failureexpressly to include such a condition in the agreement is not a defense in anyaction brought pursuant to this section to terminate the agreement.

6. A gaminglicensee or an affiliate of the licensee shall not, without the prior approvalof the Commission, employ any person in a capacity for which he is required tobe licensed, if he has been found unsuitable or denied a license, or whoselicense has been revoked by the Commission, and whose name has been placed onthe list maintained pursuant to subsection 8, after the date of receipt ofnotice of the action by the Commission. Every contract or agreement foremployment with a gaming licensee or an affiliate shall be deemed to include aprovision for its termination without liability on the part of the licensee oraffiliate upon a finding by the Commission that the person is unsuitable to beassociated with a gaming enterprise. Failure to expressly include such acondition in the agreement is not a defense in any action brought pursuant tothis section to terminate the agreement.

7. As used inthis section, affiliate means a person who, directly or indirectly throughone or more intermediaries, controls, is controlled by or is under commoncontrol with a licensee.

8. The Board shall maintain and make available toevery licensee a complete and current list containing the names of every personthe Commission has denied a license, who has been found unsuitable or who hashad a license or finding of suitability revoked. The list must also contain thenames of any business organization under the control of any such person knownto the Board.

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

NRS 463.166 Contractsor 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 bythe Commission,

shall notenter or attempt to enter into any contract or agreement with a licensee,either directly or indirectly, through any business organization under such apersons control, that involves the operations of a licensee without the priorapproval of the Commission. This provision does not prohibit any person frompurchasing any goods or services for personal use from a licensee at retailprices that are available to the general public.

2. Every contract or agreement with a person that issubject to the provisions of subsection 1 shall be deemed to include aprovision for its termination without liability on the part of the licensee.Failure to expressly include that condition in the contract or agreement is nota defense in any action brought pursuant to this section to terminate theagreement.

3. Any person, contract or agreement subject to theprovisions of subsection 1 is subject to being enjoined pursuant to and inaccordance with the provisions of NRS463.346.

(Added to NRS by 1999, 3172)

NRS 463.167 Suitabilityor licensing of certain persons furnishing services or property or doingbusiness with gaming licensee; termination of association.

1. The Commission may determine the suitability, ormay require the licensing, of any person who furnishes services or property toa state gaming licensee under any arrangement pursuant to which the personreceives payments based on earnings, profits or receipts from gaming. TheCommission may require any such person to comply with the requirements of thischapter and with the regulations of the Commission. If the Commissiondetermines that any such person is unsuitable, it may require the arrangementto be terminated.

2. If the premises of a licensed gaming establishmentare directly or indirectly owned or under the control of the licensee therein,or of any person controlling, controlled by, or under common control with thelicensee, the Commission may, upon recommendation of the Board, require theapplication of any person for a determination of suitability to be associatedwith a gaming enterprise if the person:

(a) Does business on the premises of the licensedgaming establishment;

(b) Is an independent agent or does business with alicensed gaming establishment as a ticket purveyor, a tour operator, theoperator of a bus program, or as the operator of any other type of casinotravel program or promotion; or

(c) Provides any goods or services to the licensedgaming establishment for a compensation which the Board finds to be grosslydisproportionate to the value of the goods or services.

3. If the Commission determines that the person isunsuitable to be associated with a gaming enterprise, the association must be terminated.Any agreement which entitles a business other than gaming to be conducted onthe premises, or entitles a person other than gaming to conduct business withthe licensed gaming establishment as set forth in paragraph (b) or (c) ofsubsection 2, is subject to termination upon a finding of unsuitability of theperson associated therewith. Every such agreement must be deemed to include aprovision for its termination without liability on the part of the licenseeupon a finding by the Commission that the person associated therewith isunsuitable to be associated with a gaming enterprise. Failure expressly toinclude that condition in the agreement is not a defense in any action broughtpursuant to this section to terminate the agreement. If the application is notpresented to the board within 30 days following demand or the unsuitableassociation is not terminated, the Commission may pursue any remedy orcombination of remedies provided in this chapter.

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

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

NRS 463.168 Suitabilityof certain persons providing transmission services in association withlicensee; termination of association.

1. The Commission, upon recommendation by the Board,may require a natural person or an entity providing services in connection withthe transmission of live broadcasts to file an application for a finding ofsuitability.

2. If the Commission determines that the person orentity is unsuitable to provide transmission services, any association oragreement between the provider and a licensee must be terminated, unlessotherwise provided by the Commission.

3. An agreement between such a person or entity and alicensee shall be deemed to include a provision for its termination withoutliability on the part of the licensee upon a finding by the Commission that theprovider is unsuitable to be associated with a licensee. Failure to includethat condition in the agreement is not a defense in any action broughtconcerning the termination of an agreement pursuant to this section.

4. If an application for a finding of suitability isnot submitted to the Board within 30 days after the Commission so requests, theCommission may pursue any remedy or combination of remedies provided in thischapter.

5. Failure of a licensee to terminate any associationor agreement with a person or entity providing services in connection with thetransmission of live broadcasts after receiving notice of a determination ofunsuitability, or the failure of the provider to file a timely application fora finding of suitability, is an unsuitable method of operation.

(Added to NRS by 1993, 306)

NRS 463.169 Registrationor licensing of person conducting certain tournaments or contests inassociation 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 inconjunction with a gaming licensee:

(a) Which involves a sporting event upon which wagersmay be accepted or racing held at a track which uses the pari-mutuel system ofwagering or gaming;

(b) In which persons pay a fee for the privilege ofparticipating; and

(c) In which prizes are awarded to winners,

unless hehas registered with the Board in the manner prescribed by the Board andsupplied such information as the Commission requires or unless he is an officeror employee of the licensee.

2. Any person who conducts a tournament or contest onbehalf of or in conjunction with a gaming licensee may be required by theCommission to be licensed by it as well as registered with the Board. Anyperson so required must apply for a license within 30 days after the decisionof the Commission requiring him to obtain the license.

3. If any person required to be licensed pursuant tosubsection 2:

(a) Does not apply for a license within 30 days afterthe decision of the Commission that he must be licensed, and the Commissionfinds him unsuitable for that reason; or

(b) Is denied a license,

the gaminglicensee with whom he is associated shall terminate that association uponnotification from the Commission by registered or certified mail of its action.

(Added to NRS by 1985, 2134)

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

1. Any personwho the Commission determines is qualified to receive a license, to be foundsuitable or to receive any approval required under the provisions of thischapter, or to be found suitable regarding the operation of a charitablelottery under the provisions of chapter 462 ofNRS, having due consideration for the proper protection of the health, safety,morals, good order and general welfare of the inhabitants of the State ofNevada and the declared policy of this State, may be issued a state gaminglicense, be found suitable or receive any approval required by this chapter, asappropriate. The burden of proving his qualification to receive any license, befound suitable or receive any approval required by this chapter is on theapplicant.

2. Anapplication to receive a license or be found suitable must not be grantedunless the Commission is satisfied that the applicant is:

(a) A person ofgood character, honesty and integrity;

(b) A personwhose prior activities, criminal record, if any, reputation, habits andassociations do not pose a threat to the public interest of this State or tothe effective regulation and control of gaming or charitable lotteries, orcreate or enhance the dangers of unsuitable, unfair or illegal practices,methods and activities in the conduct of gaming or charitable lotteries or inthe carrying on of the business and financial arrangements incidental thereto;and

(c) In allother respects qualified to be licensed or found suitable consistently with thedeclared policy of the State.

3. A licenseto operate a gaming establishment or an inter-casino linked system must not begranted unless the applicant has satisfied the Commission that:

(a) Theapplicant has adequate business probity, competence and experience, in gamingor generally; and

(b) Theproposed financing of the entire operation is:

(1) Adequatefor the nature of the proposed operation; and

(2) Froma suitable source.

Any lender or other source of moneyor credit which the Commission finds does not meet the standards set forth insubsection 2 may be deemed unsuitable.

4. Anapplication to receive a license or be found suitable constitutes a request fora determination of the applicants general character, integrity, and ability toparticipate or engage in, or be associated with gaming or the operation of acharitable lottery, as appropriate. Any written or oral statement made in thecourse of an official proceeding of the Board or Commission by any memberthereof or any witness testifying under oath which is relevant to the purposeof the proceeding is absolutely privileged and does not impose liability fordefamation or constitute a ground for recovery in any civil action.

5. TheCommission may in its discretion grant a license to:

(a) A publiclytraded corporation which has complied with the provisions of NRS 463.625 to 463.643, inclusive;

(b) Any othercorporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive;

(c) A limitedpartnership which has complied with the provisions of NRS 463.564 to 463.571, inclusive; and

(d) Alimited-liability company which has complied with the provisions of NRS 463.5731 to 463.5737, inclusive.

6. No limitedpartnership, except one whose sole limited partner is a publicly tradedcorporation which has registered with the Commission, or a limited-liabilitycompany, or business trust or organization or other association of aquasi-corporate character is eligible to receive or hold any license under thischapter unless all persons having any direct or indirect interest therein ofany nature whatever, whether financial, administrative, policymaking orsupervisory, are individually qualified to be licensed under the provisions ofthis chapter.

7. TheCommission may, by regulation:

(a) Limit thenumber of persons who may be financially interested and the nature of theirinterest in any corporation, other than a publicly traded corporation, limitedpartnership, limited-liability company or other organization or associationlicensed under this chapter; and

(b) Establish such other qualifications for licenses asit may, in its discretion, deem to be in the public interest and consistentwith 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 Powerof Chairman to approve transfer of interest in license, registration, findingof suitability or approval to or from inter vivos trust; approval of Chairmanrequired before amendment to inter vivos trust effective.

1. The Chairman of the Board, in his sole and absolutediscretion, may:

(a) Provide written approval for a person to transferan interest for which he has been licensed, registered, found suitable orapproved, to or from an inter vivos trust; and

(b) Administratively approve any licensing,registration, finding of suitability or approval required for the person, thetrust or the interest as a result of the transfer.

2. An administrative approval received pursuant tothis section relates back to the date on which the trust was executed.

3. Prior written administrative approval from the Chairmanof the Board must be obtained before any amendment to such a trust iseffective.

(Added to NRS by 1981, 1249; A 1995, 203; 1997, 117)

NRS 463.173 Restrictionson person denied license or found unsuitable.

1. A person who has had his application for a licensedenied 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 tradedcorporation, as that term is defined in NRS463.487;

(2) Partnership;

(3) Limited partnership;

(4) Limited-liability company; or

(5) Joint venture,

which hasapplied for or been granted a license.

(b) Shall not retain his interest in a corporation,partnership, limited partnership, limited-liability company or joint venturebeyond that period prescribed by the Commission.

(c) Shall not accept more for his interest in acorporation, partnership, limited partnership, limited-liability company orjoint venture than he paid for it or the market value on the date of the denialof the license or the finding of unsuitability.

2. The Board or Commission may proceed pursuant to NRS 463.141 to enforce the provisions ofsubsection 1.

(Added to NRS by 1985, 2133; A 1993, 2000)

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

1. As used in this section:

(a) Bank means a national banking association that isauthorized to do business in this State, a banking corporation formed orregulated under the laws of this State or a trust company formed or regulatedunder the laws of this State.

(b) Fiduciary means an executor, an administrator, aspecial administrator, a trustee of an inter vivos trust, a trustee of atestamentary trust, an escrow agent, a depositary or any combination thereof.

2. The Commission may, selectively or by generalregulation, at any time and from time to time, exempt a bank acting as a fiduciaryfrom 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 theBoard or upon its own undertaking, grant, deny, limit, condition, restrict,revoke or suspend any exemption or application for exemption pursuant tosubsection 2 for any reasonable cause.

4. An exemption granted pursuant to subsection 2 is arevocable privilege, and no person may acquire any vested rights therein orthereunder.

(Added to NRS by 1973, 846; A 1981, 1081; 1997, 63)

NRS 463.177 Exemptionof governing body leasing portion of facility for public transportation foroperation of slot machines.

1. As used in this section:

(a) Governing body includes the governing body of apolitical subdivision of this state and every authority composed ofrepresentatives 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, whichleases a portion of a public transportation facility for the operation of slotmachines only, from the provisions of NRS463.160, 463.162, 463.167 and 463.170, and the regulations of theCommission relating to gaming if:

(a) The lessee who is operating the slot machinescomplies with all applicable federal, state and local licensing requirements;and

(b) The terms of the lease provide for the immediatetermination of the lease upon the revocation of any license necessary to operatethe 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 doesnot create any vested rights.

(Added to NRS by 1981, 1071)

NRS 463.180 Qualificationsfor county license.

1. A person is not qualified to hold any countylicense unless he is the holder of a valid state license and unless he meetssuch other qualifications as may be imposed by any valid county ordinance.

2. A county shall not deny a gaming license, findingof suitability or approval to a person solely because he is not a citizen ofthe United States.

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

NRS 463.190 Qualificationsfor municipal license.

1. A person is not permitted to engage in gamingoperations in any city or town in this state, unless he has in force validstate and county licenses, as well as any licenses required by the city ortown.

2. A city or town shall not deny a gaming license,finding of suitability or approval to a person solely because he is not acitizen of the United States.

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

NRS 463.200 Applicationfor state license: Contents; supplemental forms.

1. Application for a state gaming license or otherCommission action must be made to the Board on forms furnished by the Board andin 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 machinesto be operated.

(d) The names of all persons directly or indirectlyinterested in the business and the nature of such interest.

(e) Such other information and details as the Board mayrequire in order to discharge its duty properly.

3. If the application is for a restricted license onpremises not owned by the applicant, the application must include a sworn andnotarized statement from the owner or lessor of the premises indicating whetherthe consideration paid by the applicant for the use of the premises has been orwill be increased because of the operation of gaming on the premises.

4. The Board shall furnish to the applicantsupplemental forms, which the applicant shall complete and file with theapplication. Such supplemental forms must require, but must not be limited to,complete information and details with respect to the applicants antecedents,habits, character, criminal record, business activities, financial affairs andbusiness associates, covering at least a 10-year period immediately precedingthe date of filing of the application.

[20:429:1955](NRS A 1975, 677; 2001, 3080)

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

1. Within a reasonable time after filing of anapplication and such supplemental information as the Board may require, theBoard shall commence its investigation of the applicant and shall conduct suchproceedings in accordance with applicable regulations as it may deem necessary.

2. If a person has applied for a position which cannotbe held pending licensure or approval by the Commission, the Board shall useits best efforts to enter its order concerning the application not longer than9 months after the application and supporting data are completed and filed withthe Board. If denial of an application is recommended, the Board shall prepareand file with the Commission its written reasons upon which the order is based.

3. The Board shall have full and absolute power andauthority to recommend denial of any application for any reasonable cause.

4. A recommendation of denial of an application iswithout prejudice to a new and different application if made in conformity toregulations applicable to such situations.

[21:429:1955](NRS A 1959, 438; 1975, 677; 1981,1081)

NRS 463.220 Actionby Commission on application; further investigation; hearing.

1. The Board shall present its final order upon anapplication to the Commission at the next meeting of the Commission.

2. The Commission may, after considering therecommendation of the Board, issue to the applicant named, as a natural person,and to the licensed gaming establishment, as a business entity, under the nameor style therein designated, a state gaming license, or deny the same. TheCommission may limit the license or place such conditions thereon as it maydeem necessary in the public interest. The Commission may, if it considersnecessary, issue a probationary license. No state gaming license may beassigned either in whole or in part.

3. The Commission may limit or place such conditionsas it may deem necessary in the public interest upon any registration, findingof suitability or approval for which application has been made.

4. After final order of the Board recommending denialof an application, the Commission, after considering the recommendation of theBoard, may:

(a) Deny the application;

(b) Remand the matter to the Board for such furtherinvestigation and reconsideration as the Commission may order; or

(c) By unanimous vote of the members present, grant theapplication for a license, registration, finding of suitability or approval.

For thepurposes of this section, a tie vote of the Board upon an application does notconstitute a recommendation of denial of the application.

5. If the Commission is not satisfied that anapplicant approved by the Board is qualified to be licensed under this chapter,the Commission may cause to be made such investigation into and conduct suchhearings concerning the qualifications of the applicant in accordance with itsregulations as it may deem necessary.

6. If the Commission desires further investigation bemade or to conduct any hearings, it shall, within 30 days after presentation ofthe recommendation of the Board so notify the applicant and set a date forhearing, if a hearing is requested by the applicant. Final action by theCommission must be taken within 120 days after the recommendation of the Boardhas been presented to the Commission. Failure of the Commission to take actionwithin 120 days shall be deemed to constitute approval of the applicant by theCommission, and a license must be issued forthwith upon compliance by theapplicant with the provisions of NRS 463.225.

7. The Commission has full and absolute power andauthority to deny any application for any cause it deems reasonable. If anapplication is denied, the Commission shall prepare and file its writtendecision 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 Issuanceof state licenses; bonds and deposits; account for bonds of state gaminglicensees.

1. If satisfied that an applicant is eligible toreceive a state gaming, manufacturing, selling, distributing or pari-mutuelwagering license, and upon tender of:

(a) All license fees and taxes as required by law andregulation of the Commission; and

(b) A bond executed by the applicant as principal, andby a corporation qualified under the laws of this state as surety, payable tothe State of Nevada, and conditioned upon the payment of license fees and taxesand the faithful performance of all requirements imposed by law or regulationor the conditions of the license,

theCommission shall issue and deliver to the applicant a license entitling him toengage in the gaming, manufacturing, selling, distributing or pari-mutuelwagering operation for which he is licensed, together with an enumeration ofthe specific terms and conditions of the license. The Commission shall prepareand maintain a written record of the specific terms and conditions of anylicense issued and of any modification to the license. A duplicate of therecord must be delivered to the applicant or licensee upon request.

2. The Commission shall fix the amount of the bond tobe required pursuant to subsection 1 at no more than the total amount oflicense fees and taxes estimated to become due from the licensee before hisfull compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may beapplied by the Commission to the payment of any unpaid liability of thelicensee pursuant to this chapter.

3. In lieu of a bond an applicant may deposit with theCommission a like amount of lawful money of the United States or any other formof security authorized by NRS 100.065.If security is provided in the form of a savings certificate, certificate ofdeposit or investment certificate, the certificate must state that the amountis 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 theState 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 beplaced without restriction at the disposal of the Commission, but any incomemust 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 Issuanceof county license.

1. Any person to whom a state license has been issuedas provided in this chapter may, upon proper application to the sheriff ifthere is no county license department or to that department of the countywherein it is proposed that such gaming operation shall be conducted, be issueda license for each particular device or game or slot machine, upon compliancewith such conditions and regulations as may be imposed by the county, and onpayment to the sheriff or county license department of license fees as requiredby law or ordinance.

2. Licenses:

(a) Must be prepared by the county auditor or by thecounty comptroller, if such officer is appointed pursuant to NRS 251.170, and contain such informationas is required by county ordinance.

(b) Must be issued and accounted for as is provided bylaw with respect to other county licenses.

(c) Are not transferable by the licensee to any otherperson.

[23:429:1955](NRS A 1959, 440; 1960, 318; 1971, 670;1979, 737)

NRS 463.240 Statelicense prerequisite to county or municipal license; confidentiality of certaininformation provided to county or municipality.

1. No county, city or town may grant a gaming licenseto any applicant unless the applicant holds a valid state gaming license issuedby the Commission, but the issuance by the Commission of the state gaminglicense imposes no requirements upon any such county, city or town to issue agaming license to the applicant.

2. Any information that is supplied to a county, city ortown by an applicant or a licensee shall be deemed to be confidential if theinformation is confidential pursuant to NRS463.120.

[24:429:1955](NRS A 1983, 141; 1997, 3315)

NRS 463.242 Preparationby Board of basic form of application and supporting documents for licensing bycounty and city.

1. The Board shall investigate the informationrequired by each county and city which licenses gaming, and shall prepare abasic form of application and supporting documents which must include:

(a) A statement concerning the applicants personalhistory;

(b) A questionnaire concerning the amount and sourcesof the capital to be invested in the establishment, and his personal financialstatement; and

(c) Any other information which the Board finds isrequired by all or a majority of these counties and cities or the State.

In preparingthese basic forms the Board shall consider the form which it requires ofapplicants for a state gaming license, and to the greatest extent possibleshall so design the forms for local use that a copy or partial copy of theStates form supplies the information required.

2. Each county and city which licenses gaming shalluse the basic documents whose form is prescribed by the Board, and may requireonly such additional information as is not contained in those documents. Eachcounty and city is responsible for reproducing blank forms as required.

(Added to NRS by 1981, 693)

NRS 463.245 Singleestablishment 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 awholly owned subsidiary of that person, for the operation of any game,including a sports pool or race book, which authorize gaming at the sameestablishment must be merged into a single gaming license.

(b) A gaming license may not be issued to any person ifthe issuance would result in more than one licensed operation at a singleestablishment, whether or not the profits or revenue from gaming are sharedbetween the licensed operations.

2. A person who has been issued a nonrestricted gaminglicense may establish a sports pool or race book on the premises of theestablishment at which he conducts a nonrestricted gaming operation only afterobtaining permission from the Commission.

3. A person who has been issued a license to operate asports pool or race book at an establishment may be issued a license to operatea sports pool or race book at another establishment if the second establishmentis operated by a person who has been issued a nonrestricted license.

4. Nothing in this section limits or prohibits anoperator of an inter-casino linked system from placing and operating such asystem on the premises of two or more gaming licensees and receiving, eitherdirectly or indirectly, any compensation or any percentage or share of themoney or property played from the linked games in accordance with theprovisions of this chapter and the regulations adopted by the Commission. Aninter-casino linked system must not be used to link games other than slotmachines, unless such games are located at an establishment that is licensedfor games other than slot machines.

5. The provisions of this section do not apply to alicense to operate a mobile gaming system or to operate interactive gaming.

(Added to NRS by 1981, 374; A 1985, 2138; 1989, 1096;1991, 378; 1995, 759; 1999,953; 2001, 3081;2005, 718)

NRS 463.250 Taxingpowers preserved. Nothing contained in thischapter shall be deemed to affect the powers conferred by the provisions of thecharter or organic law of any county or incorporated city in the State ofNevada to fix, impose and collect a license tax, and in all such counties orincorporated cities having such powers the sheriff shall not issue any suchlicense for the operation of any such slot machine, game or device within theboundaries of such county or incorporated city until the applicant shall havefirst exhibited to him a valid and subsisting license obtained from such countyor incorporated city, located within his county, permitting the operation ofsuch slot machine, game or device at the location applied for within theboundaries of such county or incorporated city.

[25:429:1955](NRS A 1959, 441)

NRS 463.260 Postingand inspection of licenses.

1. A license issued pursuant to the provisions of thischapter must be posted by the licensee and kept posted at all times in aconspicuous place in the area where gaming is conducted in the establishmentfor 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 Renewalof 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 berenewed by the Commission for the next succeeding license period upon properapplication for renewal and payment of state license fees and taxes as requiredby law and the regulations of the Commission.

2. All state gaming licenses are subject to renewal onthe first day of each January and all quarterly state gaming licenses on thefirst day of each calendar quarter thereafter.

3. Application for renewal must be filed with theCommission, and all state license fees and taxes required by law, including,without limitation, NRS 368A.200, 463.370, 463.373to 463.3855, inclusive, 463.660, 464.015and 464.040, must be paid to the Boardon or before the dates respectively provided by law for each fee or tax.

4. Application for renewal of licenses for slotmachines only must be made by the operators of the locations where such machinesare situated.

5. Any person failing to pay any state license fees ortaxes due at the times respectively provided shall pay in addition to suchlicense fees or taxes a penalty of not less than $50 or 25 percent of theamount due, whichever is the greater, but not more than $1,000 if the fees ortaxes are less than 10 days late and in no case in excess of $5,000. Thepenalty must be collected as are other charges, license fees and penaltiesunder this chapter.

6. Any person who operates, carries on or exposes forplay any gambling game, gaming device or slot machine or who manufactures,sells or distributes any gaming device, equipment, material or machine used ingaming after his license becomes subject to renewal, and thereafter fails toapply 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 Nevadafor all license fees, taxes and penalties which would have been due uponapplication for renewal.

7. If any licensee or other person fails to renew hislicense as provided in this section, the Commission may order the immediateclosure of all his gaming activity until the license is renewed by the paymentof the necessary fees, taxes, interest and any penalties. Except for a licensefor which fees are based on the gross revenue of the licensee, failure to renewa license within 30 days after the date required by this chapter shall bedeemed a surrender of the license.

8. The voluntary surrender of a license by a licenseedoes not become effective until accepted in the manner provided in theregulations of the Commission. The surrender of a license does not relieve theformer licensee of any penalties, fines, fees, taxes or interest due.

[27:429:1955](NRS A 1959, 441; 1961, 366; 1965, 950,1033; 1967, 673, 819, 884, 1251; 1969, 187; 1975, 679; 1977, 1405; 1981, 1083;1983, 214, 1333; 1985, 2138; 1989, 853; 1993, 311; 2003, 20thSpecial Session, 208)

NRS 463.280 Renewalof county license. Subject to the power of theCommission to deny, revoke or suspend, condition or limit licenses, any countylicense in force on the expiration date thereof may be replaced by a newlicense issued by the sheriff if there is no county license department or bythat department upon proper application and payment of county license fees asrequired by law, ordinance or regulation.

[28:429:1955](NRS A 1959, 442; 1979, 738)

NRS 463.290 Reportfurnished by licensee. Every licensee shall atall times maintain on file with the Commission a current report, verified bythe affidavit of the person or an officer of a corporation to whom the licenseis issued, which sets forth such information as may be required by theregulations of the Commission.

[29:429:1955](NRS A 1959, 442; 1993, 186)

NRS 463.300 Unlawfultransfer of ownership. It is unlawful for anyperson to sell, purchase, lease, hypothecate, borrow or loan money, or create avoting trust agreement or any other agreement of any sort to or with anylicensee in connection with any gaming operation licensed under this chapter orwith respect to any portion of such gaming operation, except in accordance withthe regulations of the Commission.

[30:429:1955](NRS A 1959, 442)

NRS 463.302 Movinglocation 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 andexcept as otherwise provided in this section, the Board may, in its sole andabsolute discretion, allow a licensee to move the location of its establishmentand transfer its restricted or nonrestricted license to:

(a) A location within a redevelopment area createdpursuant to chapter 279 of NRS, if theredevelopment area is located in the same local governmental jurisdiction asthe existing location of the establishment;

(b) Any other location, if the move and transfer are necessarybecause the existing location of the establishment has been taken by the Stateor a local government through condemnation or eminent domain in accordance witha final order of condemnation entered before June 17, 2005; or

(c) In any county other than a county whose populationis 100,000 or more but less than 400,000, any other location within the samelocal governmental jurisdiction as the existing location of the establishment,if the move and transfer are necessary because the existing location of theestablishment has been taken by the State or a local government throughcondemnation or eminent domain in accordance with a final order of condemnationentered on or after June 17, 2005.

2. The Board shall not approve a move and transferpursuant to subsection 1 unless, before the move and transfer, the licenseereceives all necessary approvals from the local government having jurisdictionover the location to which the establishment wants to move and transfer itslicense.

3. Before a move and transfer pursuant to subsection1, the Board may require the licensee to apply for a new license pursuant tothe provisions of this chapter.

4. The provisions of subsection 1 do not apply to anestablishment that is:

(a) A resort hotel; or

(b) Located in a county, city or town which hasestablished one or more gaming enterprise districts.

(Added to NRS by 1997, 3313; A 2005, 2211)

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

1. Any person who operates or maintains in this Stateany gaming device of a specific model, any gaming device which includes asignificant modification, any mobile gaming system or any inter-casino linkedsystem which the Board or Commission has not approved for testing or foroperation is subject to disciplinary action by the Board or Commission.

2. The Board shall maintain a list of approved gamingdevices, mobile gaming systems and inter-casino linked systems.

3. If the Board suspends or revokes approval of agaming device pursuant to the regulations adopted pursuant to subsection 4 orsuspends or revokes approval of a mobile gaming system pursuant to theregulations adopted pursuant to NRS 463.730,the Board may order the removal of the gaming device or mobile gaming system froman establishment.

4. The Commission shall adopt regulations relating togaming devices and their significant modification and inter-casino linkedsystems.

(Added to NRS by 1981, 1072; A 1999, 954; 2001, 383; 2005, 719)

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

1. If an operator of an inter-casino linked systemmakes the inter-casino linked system available to a nonrestricted licensee,other than during a trial period, the operator shall also make the inter-casinolinked system available to any other eligible nonrestricted licensee subject tothe provisions of this chapter and reasonable production and deliveryschedules. For purposes of this section, a nonrestricted licensee shall bedeemed 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 meetsthe requirements of the Commission regarding locations for games that are partof an inter-casino linked system.

2. The provisions of subsection 1 do not prevent theimposition by an operator of an inter-casino linked system of different termsand conditions, including prices, based on:

(a) The quantity or volume of gaming devices connectedto an inter-casino linked system that are sold or leased to a licensee or toaffiliated licensees by the operator; or

(b) Credit considerations.

(Added to NRS by 1999, 949)

NRS 463.307 Permissiblewagering instrumentalities. All wagering mustbe conducted with chips, tokens, wagering instruments or otherinstrumentalities approved by the Board, or with wagering credits or the legaltender of the United States.

(Added to NRS by 1981, 1073; A 1985, 2139; 1995,1498)

NONRESTRICTED GAMING LICENSES IN CERTAIN COUNTIES

NRS 463.3072 Legislativefindings and declarations.

1. The Legislature hereby finds that:

(a) According to the United States Bureau of theCensus, the State of Nevada was the fastest-growing state in the United Statesduring the period from 1990 to 1996, increasing its population by approximately27 percent.

(b) Forecasters estimate that the State of Nevada willbe the fastest-growing state into the beginning of the 21st century, increasingits population during the period from 1996 to 2020 by approximately 79 percent.

(c) Approximately 65 percent of the residents of theState of Nevada currently live in Clark County and that percentage isincreasing.

(d) During the period from 1985 to 1995, the populationof Clark County has increased annually by an amount of between 4 and 9 percent.

(e) As the population of Clark County increases, thedemand for safe and peaceful residential neighborhoods increases, and the needto ensure that such neighborhoods are available in the face of unrelentingurban growth also increases.

2. The Legislature hereby finds that:

(a) The gaming industry is vital to the economy of thisState and Clark County, and the continued growth and success of gaming is ofcritical importance to the general welfare of all the residents of this State.

(b) A significant part of the continued growth andsuccess of gaming depends upon the attractiveness, excitement and vitality ofthe Las Vegas Strip. To make the Las Vegas Strip more attractive to visitors,there is a need to promote new development along the Strip and to concentratethe next generation of resort hotels in a location that is convenient tovisitors, supported by an existing infrastructure and suitable for the uniqueand exciting atmosphere of resort hotels.

(c) The concentration of the next generation of largegaming establishments along the Las Vegas Strip would use land efficiently andwould promote responsible use of financial and natural resources by encouragingurban development in those areas where the transportation systems andinfrastructure are best suited for such intensive development.

3. The Legislature hereby finds that:

(a) Although the continued growth and success of gamingis essential to the welfare of Clark County and this State, the growth ofgaming in a planned and predictable manner is necessary for the safety,integrity and tranquillity of the residential neighborhoods of Clark County.

(b) By concentrating the growth of gaming in thoseareas where it is most appropriate, the gaming industry and residentialneighborhoods will both benefit enormously as those areas best suited forgaming, such as the Las Vegas Strip, will continue to grow and flourish, andthose areas best suited for residential living, whether existing or planned forthe future, will continue to provide the scenic beauty and safe environmentthat is essential for enhancing the quality of life of families and children.

4. The Legislature hereby declares that:

(a) Because Southern Nevada is the source of a majorityof the revenues generated in this State, the well-being and prosperity of theState of Nevada as a whole is necessarily dependent on the orderly, responsiblegrowth of Clark County.

(b) The fact that a single area has such a significantimpact on the rest of the State makes necessary the enactment of a law ofspecial application to ensure that the various communities within Clark Countywill be able to grow in an orderly and responsible manner into the next centuryand beyond.

5. The Legislature, therefore, hereby declares thatbecause a general law cannot be made applicable because of the economic andgeographical diversity of the local governments of this State, the uniquegrowth patterns in regions controlled by those local governments, and thespecial conditions experienced in Clark County as a result of unrestrictedgaming development, it is necessary by special act to provide a means by whichthe State of Nevada may ensure that the growth of gaming within Clark Countyproceeds in an orderly and responsible manner, to the benefit of residents ofand visitors to this State.

(Added to NRS by 1997, 1703)

NRS 463.3074 Applicabilityof NRS463.3072 to 463.3094, inclusive. The provisions of NRS463.3072 to 463.3094, inclusive,apply to establishments and gaming enterprise districts that are located in acounty whose population is 400,000 or more.

(Added to NRS by 1997, 1704)

NRS 463.3076 Locationof proposed establishment within Las Vegas Boulevard gaming corridor. The location of a proposed establishment shall be deemedto be within the Las Vegas Boulevard gaming corridor if the property line ofthe proposed establishment:

1. Is within 1,500 feet of the centerline of Las VegasBoulevard;

2. Is south of the intersection of Las Vegas Boulevardand that portion of St. Louis Avenue which is designated State Highway No. 605;and

3. Is adjacent to or north of the northern edge lineof State Highway No. 146.

(Added to NRS by 1997, 1705)

NRS 463.3078 Locationof proposed establishment within rural Clark County gaming zone. The location of a proposed establishment shall be deemedto be within the rural Clark County gaming zone if the property line of theproposed establishment is not within any of the tracts of land located in theLas Vegas urban growth zone described in NRS463.3094.

(Added to NRS by 1997, 1705)

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

1. The Commission shall not approve a nonrestrictedlicense for an establishment in a county whose population is 400,000 or moreunless the establishment is located in a gaming enterprise district.

2. The location of an establishment within a gamingenterprise district may not be expanded unless the expansion of the location ofthe establishment is also within a gaming enterprise district.

3. If an establishment is not located within a gamingenterprise district, the establishment may not increase the number of games orslot machines operated at the establishment beyond the number of games or slotmachines authorized for such a classification of establishment by localordinance on December 31, 1996.

(Added to NRS by 1989, 1391; A 1997,1711)(Substituted in revision for NRS 463.192)

NRS 463.3082 Approvalof nonrestricted license for proposed establishment located within Las VegasBoulevard gaming corridor and rural Clark County gaming zone prohibited unlesslocation designated gaming enterprise district. Ifthe location of a proposed establishment:

1. Is within the Las Vegas Boulevard gaming corridoror the rural Clark County gaming zone; and

2. Is not within a gaming enterprise district,

theCommission shall not approve a nonrestricted license for the establishmentunless the location of the proposed establishment is designated a gamingenterprise district pursuant to NRS463.3084.

(Added to NRS by 1997, 1705)

NRS 463.3084 Gamingenterprise district: Petition for designation of location if within Las VegasBoulevard gaming corridor or rural Clark County gaming zone; petitionersburden of proof; hearing; limitation on subsequent petition.

1. In a county whose population is 400,000 or more,any person proposing to operate an establishment not located in a gamingenterprise district may petition the county, city or town having jurisdictionover the location of the proposed establishment to have the location designateda gaming enterprise district.

2. The petition must not be granted unless thepetitioner demonstrates that:

(a) The roads, water, sanitation, utilities and relatedservices to the location are adequate;

(b) The proposed establishment will not unduly impactpublic services, consumption of natural resources and the quality of lifeenjoyed by residents of the surrounding neighborhoods;

(c) The proposed establishment will enhance, expand andstabilize employment and the local economy;

(d) The proposed establishment will be located in anarea planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive; and

(e) The proposed establishment will not be detrimentalto the health, safety or general welfare of the community or be incompatiblewith the surrounding area.

3. Any interested person is entitled to be heard atthe hearing held to consider a petition submitted pursuant to this section.

4. A county, city or town that denies a petitionsubmitted pursuant to this section shall not consider another petitionconcerning the same location or any portion thereof for 1 year after the dateof the denial.

(Added to NRS by 1989, 1391)(Substituted in revisionfor NRS 463.194)

NRS 463.3086 Gamingenterprise district: Petition for designation of location if outside of LasVegas Boulevard gaming corridor and rural Clark County gaming zone; notice ofhearing; hearing; petitioners burden of proof; limitation on subsequentpetition.

1. If the location of a proposed establishment:

(a) Is not within the Las Vegas Boulevard gamingcorridor or the rural Clark County gaming zone; and

(b) Is not within a gaming enterprise district,

theCommission shall not approve a nonrestricted license for the establishmentunless the location of the establishment is designated a gaming enterprisedistrict pursuant to this section.

2. If a person is proposing to operate anestablishment with a nonrestricted license and the location of the proposed establishment:

(a) Is not within the Las Vegas Boulevard gamingcorridor or the rural Clark County gaming zone; and

(b) Is not within a gaming enterprise district,

the personmay petition the county, city or town having jurisdiction over the location ofthe proposed establishment to designate the location of the proposed establishmenta gaming enterprise district pursuant to this section.

3. If a person files a petition pursuant to subsection2, the county, city or town shall, at least 10 days before the date of thehearing on the petition, mail a notice of the hearing to:

(a) Each owner of real property whose property line isless than 2,500 feet from the property line of the proposed establishment;

(b) The owner, as listed on the county assessors records,of each of the 30 separately owned parcels nearest the proposed establishment,to the extent this notice does not duplicate the notice given pursuant toparagraph (a);

(c) Each tenant of a mobile home park whose propertyline is less than 2,500 feet from the property line of the proposedestablishment; and

(d) Any advisory board that represents one or moreowners of real property or tenants of a mobile home park whose property line isless than 2,500 feet from the property line of the proposed establishment.

The noticemust be written in language that is easy to understand and must set forth thedate, time, place and purpose of the hearing and contain a physical descriptionor map of the location of the proposed establishment. The petitioner shall paythe costs of providing the notice that is required by this subsection.

4. Any interested person is entitled to be heard atthe hearing on the petition.

5. The county, city or town shall cause the hearing onthe petition to be reported by a court reporter who is certified pursuant to chapter 656 of NRS. The petitioner shall pay thecosts of having the hearing reported.

6. At the hearing, the petitioner must prove by clearand convincing evidence that:

(a) The roads, water, sanitation, utilities and relatedservices to the location are adequate;

(b) The proposed establishment will not unduly impactpublic services, consumption of natural resources and the quality of lifeenjoyed by residents of the surrounding neighborhoods;

(c) The proposed establishment will enhance, expand andstabilize employment and the local economy;

(d) The proposed establishment will be located in anarea planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;

(e) The proposed establishment will not be detrimentalto the health, safety or general welfare of the community or be incompatiblewith the surrounding area;

(f) On the date that the petition was filed, theproperty line of the proposed establishment was not less than:

(1) Five hundred feet from the property line ofa developed residential district; and

(2) Fifteen hundred feet from the property lineof a public school, private school or structure used primarily for religiousservices or worship; and

(g) The proposed establishment will not adverselyaffect:

(1) A developed residential district; or

(2) A public school, private school or structureused primarily for religious services,

whoseproperty line is within 2,500 feet from the property line of the proposedestablishment.

7. A three-fourths vote of the governing body of thecounty, city or town is required to grant the petition to designate thelocation of the proposed establishment a gaming enterprise district pursuant tothis section.

8. A county, city or town that denies a petitionsubmitted pursuant to this section shall not consider another petitionconcerning the same location or any portion thereof for 1 year after the dateof the denial.

9. As used in this section:

(a) Developed residential district means a parcel ofland zoned primarily for residential use in which at least one completedresidential unit has been constructed on the date that the petitioner files apetition pursuant to this section.

(b) Private school has the meaning ascribed to it in NRS 394.103.

(c) Public school has the meaning ascribed to it in NRS 385.007.

(Added to NRS by 1997, 1705; A 2001, 1453)

NRS 463.3088 Gamingenterprise district: Procedure for appealing denial or grant of petition todesignate location outside of Las Vegas Boulevard gaming corridor and ruralClark County gaming zone.

1. After a county, city or town makes a decision on apetition filed pursuant to NRS 463.3086:

(a) The petitioner may appeal to the Committee if thepetition is denied; or

(b) An aggrieved party may appeal to the Committee ifthe petition is granted.

2. A notice of appeal must be filed with the Committeenot later than 10 days after the date of the decision on the petition.

3. The Committee may hear only one appeal from thedecision on the petition.

4. The Committee shall determine whether a person whofiles a notice of appeal is an aggrieved party. If more than one person files anotice of appeal, the Committee shall consolidate the appeals of all personswho the Committee determines are aggrieved parties.

5. If the petitioner files a notice of appeal, thecounty, city or town that denied the petition shall be deemed to be theopposing party, and the county, city or town may elect to defend its decisionbefore the Committee.

6. If a notice of appeal is filed by the petitioner oran aggrieved party, the petitioner shall request the court reporter to preparea transcript of the report of the hearing on the petition, and the petitionershall pay the costs of preparing the transcript.

7. The Committee shall consider the appeal not laterthan 30 days after the date the notice of appeal is filed. The Committee mayaccept written briefs or hear oral arguments, or both. The Committee shall notreceive additional evidence and shall confine its review to the record. Inreviewing the record, the Committee may substitute its judgment for that of thecounty, city or town and may make its own determinations as to the sufficiencyand weight of the evidence on all questions of fact or law.

8. The Committee shall issue its decision and writtenfindings not later than 30 days after the appeal is heard or is submitted forconsideration without oral argument. The Committee shall affirm or reverse thedecision of the county, city or town and shall grant or deny the petition inaccordance with its affirmance or reversal.

9. Any party to the appeal before the Committee mayappeal the decision of the Committee to grant or deny the petition to thedistrict court. A party must file such an appeal not later than 20 days afterthe date of the decision of the Committee.

10. The Committee may take any action that isnecessary to carry out the provisions of this section. Any action that is takenby the Committee pursuant to this section must be approved by a majority voteof the membership of the Committee.

11. As used in this section, Committee means theReview Panel of the Gaming Policy Committee as provided in subsection 6 of NRS 463.021.

(Added to NRS by 1997, 1706)

NRS 463.309 Dutyof local government to provide and update map showing location of gamingenterprise districts.

1. If a county,city or town has established one or more gaming enterprise districts before, onor after July 16, 1997, the county, city or town shall make available forpublic inspection a map that shows the location of each gaming enterprisedistrict that the county, city or town has established within the limits of itsjurisdiction.

2. The county, city or town shall update the map atleast once every 4 months.

3. The map is a public record that is subject to theprovisions of chapter 239 of NRS.

(Added to NRS by 1997, 1707)

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

1. If a parcel ofproperty is not within the Las Vegas Boulevard gaming corridor, is located in agaming enterprise district and is not being used for the operation of anestablishment with a nonrestricted license, a person who owns, leases or controlsthe property shall erect and maintain at least one sign that complies with theprovisions of subsection 2 on each frontage of the property that is adjacent toa county, city or town street or a state highway, if the person intends to use,sell or lease the property for the operation of an establishment with anonrestricted license.

2. A sign that is required to be erected andmaintained pursuant to subsection 1:

(a) Is for informational purposes only and must complywith all local ordinances and regulations that do not conflict with theprovisions of this subsection and subsection 1;

(b) Must be located not more than 20 feet from the edgeof the street or state highway that it faces;

(c) Must not be less than 32 square feet nor more than80 square feet in surface area and must contain lettering that is not less than6 inches in height;

(d) Must indicate in simple and concise language thatthe property is intended to be used for a casino and a resort hotel; and

(e) Must be maintained until the proposed establishmentis substantially completed or the person who owns, leases or controls theproperty no longer intends to use, sell or lease the property for the operationof an establishment with a nonrestricted license.

(Added to NRS by 1997, 1708)

NRS 463.3094 Descriptionof Las Vegas urban growth zone. The Las Vegasurban growth zone consists of the following tracts of land:

1. All of sections 1 through 3, the north half ofsection 10, and all of sections 12, 13, 24, 25 and 36, Township 19 South, Range59 East, MDM.

2. The south half of section 1 and all of sections 2through 36, Township 19 South, Range 60 East, MDM.

3. The south half of section 6, all of section 7 andall of sections 13 through 36, Township 19 South, Range 61 East, MDM.

4. All of sections 18 through 21, the south half ofsection 22, the west half of section 26, all of sections 27 through 34 and thewest half of section 35, Township 19 South, Range 62 East, MDM.

5. All of sections 1 and 12 through 14, the south halfof section 15, the southwest quarter of section 20, and all of sections 21through 29 and 33 through 36, Township 20 South, Range 59 East, MDM.

6. All of Township 20 South, Range 60 East, MDM.

7. All of Township 20 South, Range 61 East, MDM.

8. The west half of section 2, all of sections 3through 10, the west half of section 11, the west half of section 14, all ofsections 15 through 22, the west half of section 23, the west half of section26, all of sections 27 through 34 and the west half of section 35, Township 20South, Range 62 East, MDM.

9. All of sections 1 and 2, the north half of thenortheast quarter of section 3, and all of sections 11 through 14, 23 through26 and 36, Township 21 South, Range 59 East, MDM.

10. All of Township 21 South, Range 60 East, MDM.

11. All of Township 21 South, Range 61 East, MDM.

12. The west half of section 2, all of sections 3through 10, the west half of section 11, the west half of section 14, all ofsections 15 through 22, the west half of the west half of section 23, the southhalf of the south half of section 25, and all of sections 26 through 36,Township 21 South, Range 62 East, MDM.

13. All of sections 27, 31 through 33 and thoseportions of sections 26 and 34 north of state route 41, Township 21 South,Range 63 East, MDM.

14. The north half of section 1, Township 22 South,Range 59 East, MDM.

15. All of sections 1 through 29, the north half ofsection 30, all of section 34, the north half and the southeast quarter ofsection 35, and all of section 36, Township 22 South, Range 60 East, MDM.

16. All of Township 22 South, Range 61 East, MDM.

17. All of sections 1 through 33, Township 22 South,Range 62 East, MDM.

18. All of sections 4 through 9, 16 through 21 and 27through 34, Township 22 South, Range 63 East, MDM.

19. All of sections 1 through 6, 8 through 17 and 20through 24, Township 23 South, Range 61 East, MDM.

20. All of sections 5 through 8, the west half ofsection 17, all of section 18 and those portions of sections 19 and 20 locatedoutside of the North McCullough Wilderness Study Area as the boundaries of thatarea existed on May 1, 1997, Township 23 South, Range 62 East, MDM.

21. The northwest quarter and that portion of thenortheast quarter of section 3 lying northwest of the line connecting thenortheast corner of section 3 with the center of section 3, Township 23 South,Range 63 East, MDM.

(Added to NRS by 1997, 1708)

DISCIPLINARY ACTIONS

NRS 463.310 Investigationsand initiation of complaints by Board; proceedings before Commission; powersand duties of Commission.

1. The Board shall make appropriate investigations:

(a) To determine whether there has been any violationof this chapter or chapter 462, 464, 465 or 466 of NRS or any regulations adopted thereunder.

(b) To determine any facts, conditions, practices ormatters which it may deem necessary or proper to aid in the enforcement of anysuch law or regulation.

(c) To aid in adopting regulations.

(d) To secure information as a basis for recommendinglegislation relating to this chapter or chapter462, 464, 465or 466 of NRS.

(e) As directed by the Commission.

2. If, after any investigation the Board is satisfiedthat a license, registration, finding of suitability, pari-mutuel license orprior approval by the Commission of any transaction for which the approval wasrequired or permitted under the provisions of this chapter or chapter 462, 464or 466 of NRS should be limited, conditioned,suspended or revoked, it shall initiate a hearing before the Commission byfiling a complaint with the Commission in accordance with NRS 463.312 and transmit therewith asummary of evidence in its possession bearing on the matter and the transcriptof testimony at any investigative hearing conducted by or on behalf of theBoard.

3. Upon receipt of the complaint of the Board, theCommission shall review it and all matter presented in support thereof, andshall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.

4. After the provisions of subsections 1, 2 and 3 havebeen complied with, the Commission may:

(a) Limit, condition, suspend or revoke the license ofany licensed gaming establishment or the individual license of any licenseewithout affecting the license of the establishment;

(b) Limit, condition, suspend or revoke anyregistration, finding of suitability, pari-mutuel license, or prior approvalgiven or granted to any applicant by the Commission;

(c) Order a licensed gaming establishment to keep anindividual licensee from the premises of the licensed gaming establishment ornot to pay the licensee any remuneration for services or any profits, income oraccruals on his investment in the licensed gaming establishment; and

(d) Fine each person or entity or both, who waslicensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtainedapproval for any act or transaction for which Commission approval was requiredor permitted under the provisions of this chapter or chapter 464 of NRS:

(1) Not less than $25,000 nor more than $250,000for each separate violation of any regulation adopted pursuant to NRS 463.125 which is the subject of aninitial or subsequent complaint; or

(2) Except as otherwise provided in subparagraph(1) of this paragraph, not more than $100,000 for each separate violation ofthe provisions of this chapter or chapter 464or 465 of NRS or of the regulations of theCommission which is the subject of an initial complaint and not more than$250,000 for each separate violation of the provisions of this chapter or chapter 464 or 465of NRS or of the regulations of the Commission which is the subject of anysubsequent complaint.

All finesmust be paid to the State Treasurer for deposit in the State General Fund.

5. For the second violation of any provision of chapter 465 of NRS by any licensed gamingestablishment or individual licensee, the Commission shall revoke the licenseof the establishment or person.

6. If the Commission limits, conditions, suspends orrevokes any license or imposes a fine, or limits, conditions, suspends orrevokes any registration, finding of suitability, pari-mutuel license or priorapproval, it shall issue its written order therefor after causing to beprepared and filed its written decision upon which the order is based.

7. Any such limitation, condition, revocation,suspension or fine so made is effective until reversed upon judicial review,except that the Commission may stay its order pending a rehearing or judicialreview upon such terms and conditions as it deems proper.

8. Judicial review of any such order or decision ofthe Commission may be had in accordance with NRS463.315 to 463.318, inclusive.

[31:429:1955](NRS A 1959, 442; 1967, 1031; 1969,464; 1971, 565; 1973, 1269; 1975, 680; 1977, 1432; 1983, 998, 1553; 1985, 1299,1724; 1991, 2266; 1993, 2121; 1995, 428)

NRS 463.311 Emergencyorder of Commission. The Commission may issuean emergency order for suspension, limitation or conditioning of a license, registration,finding of suitability, pari-mutuel license or prior approval, or may issue anemergency order requiring a licensed gaming establishment to keep an individuallicensee from the premises of the licensed gaming establishment or not to paysuch licensee any remuneration for services or any profits, income or accrualson his investment in the licensed gaming establishment in the following manner:

1. An emergency order may be issued only when theCommission believes that:

(a) There has been a violation of subsection 2 of NRS 463.360 or NRS 465.083;

(b) Such action is necessary to prevent a violation of NRS 465.083;

(c) There has been a violation of subsection 1 of NRS 463.160; or

(d) Such action is necessary for the immediatepreservation of the public peace, health, safety, morals, good order or generalwelfare.

2. The emergency order must set forth the grounds uponwhich it is issued, including a statement of facts constituting the allegedemergency necessitating such action.

3. An emergency order may be issued only with theapproval of and upon signature by not less than three members of theCommission.

4. The emergency order is effective immediately uponissuance and service upon the licensee or resident agent of the licensee or, incases involving registrations, findings of suitability, pari-mutuel licenses orany prior approval, upon issuance and service upon the person or entityinvolved or resident agent of the entity involved. The emergency order maysuspend, limit, condition or take other action in relation to the license ofone or more persons in an operation without affecting other individuallicensees or the licensed gaming establishment. The emergency order remainseffective until further order of the Commission or final disposition of thecase.

5. Within 5 days after issuance of an emergency order,the Commission shall cause a complaint to be filed and served upon the personor entity involved in accordance with the provisions of NRS 463.312.

6. Thereafter, the person or entity against whom theemergency order has been issued and served is entitled to a hearing before theCommission in accordance with NRS 463.312to 463.3145, inclusive, and to judicialreview of the decision and order of the Commission thereon in accordance with NRS 463.315 to 463.318, inclusive.

(Added to NRS by 1983, 1568)

NRS 463.312 Contentsand service of complaint; answer; effect of failure to answer or appear; noticeof hearing.

1. The complaint referred to in NRS 463.310 and 464.080 must be a written statement ofcharges which must set forth in ordinary and concise language the acts oromissions with which the respondent is charged. It must specify the statutesand regulations which the respondent is alleged to have violated, but must notconsist merely of charges raised in the language of the statutes orregulations.

2. Upon the filing of the complaint, the Commissionshall serve a copy of the complaint upon the respondent either personally, orby registered or certified mail at his address on file with the Commission.

3. Except as provided in subsection 4, the respondentmust answer within 20 days after the service of the complaint. In his answerthe respondent:

(a) Must state in short and plain terms his defenses toeach claim asserted.

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

(c) Must state which allegations he is withoutknowledge or information to form a belief as to their truth. Such allegationsshall be deemed denied.

(d) Must affirmatively set forth any matter whichconstitutes an avoidance or affirmative defense.

(e) May demand a hearing. Failure to demand a hearingconstitutes a waiver of the right to a hearing and to judicial review of anydecision or order of the Commission, but the Commission may order a hearingeven if the respondent so waives his right.

4. Failure to answer or to appear at the hearingconstitutes an admission by the respondent of all facts alleged in thecomplaint. The Commission may take action based on such an admission and onother evidence without further notice to the respondent. If the Commissiontakes action based on such an admission, it shall include in the record whichevidence was the basis for the action.

5. The Commission shall determine the time and placeof the hearing as soon as is reasonably practical after receiving therespondents answer. The Commission shall deliver or send by registered orcertified mail a notice of hearing to all parties at least 10 days before thehearing.

(Added to NRS by 1959, 443; A 1960, 299; 1967, 1032,1283; 1969, 95; 1975, 681; 1979, 777; 1983, 1555)

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

1. Before a hearing before the Commission, and duringa hearing upon reasonable cause shown, the Commission shall issue subpoenas andsubpoenas duces tecum at the request of a party. All witnesses appearingpursuant to subpoena, other than parties, officers or employees of the State ofNevada or any political subdivision thereof, are entitled to receive fees andmileage in the same amounts and under the same circumstances as provided by lawfor witnesses in civil actions in the district courts. Witnesses entitled tofees or mileage who attend hearings at points so far removed from theirresidences as to prohibit return thereto from day to day are entitled, inaddition to witness fees and in lieu of mileage, to the per diem compensationfor subsistence and transportation authorized for state officers and employeesfor each day of actual attendance and for each day necessarily occupied intraveling to and from the hearings. Fees, subsistence and transportationexpenses must be paid by the party at whose request the witness is subpoenaed.The Commission may award as costs the amount of all such expenses to theprevailing party.

2. The testimony of any material witness residingwithin or without the State of Nevada may be taken by deposition in the mannerprovided by the Nevada Rules of Civil Procedure.

(Added to NRS by 1983, 1569; A 1985, 426)

NRS 463.313 Hearings:Procedure; use of affidavit.

1. At all hearings before the Commission other thaninvestigative hearings:

(a) Oral evidence may be taken only upon oath or affirmationadministered by the Commission.

(b) Every party has the right to:

(1) Call and examine witnesses;

(2) Introduce exhibits relevant to the issues ofthe case, including the transcript of testimony at any investigative hearingconducted by or on behalf of the Board or the Commission;

(3) Cross-examine opposing witnesses on anymatters relevant to the issues of the case, even though the matter was notcovered in a direct examination;

(4) Impeach any witness regardless of whichparty first called him to testify; and

(5) Offer rebuttal evidence.

(c) If the respondent does not testify in his ownbehalf, he may be called and examined as if under cross-examination.

(d) The hearing need not be conducted according totechnical rules relating to evidence and witnesses. Any relevant evidence maybe admitted and is sufficient in itself to support a finding if it is the sortof evidence on which responsible persons are accustomed to rely in the conductof serious affairs, regardless of the existence of any common law or statutoryrule which might make improper the admission of such evidence over objection ina civil action.

(e) The parties or their counsel may by writtenstipulation agree that certain specified evidence may be admitted even thoughsuch evidence might otherwise be subject to objection.

2. The Commission may take official notice of anygenerally accepted information or technical or scientific matter within thefield of gaming, and of any other fact which may be judicially noticed by thecourts of this state. The parties must be informed of any information, mattersor facts so noticed, and must be given a reasonable opportunity, on request, torefute such information, matters or facts by evidence or by written or oralpresentation of authorities, the manner of such refutation to be determined bythe Commission.

3. Affidavits may be received in evidence at anyhearing of the Commission in accordance with the following:

(a) The party wishing to use an affidavit must, notless than 10 days before the day set for hearing, serve upon the opposing partyor counsel, either personally or by registered or certified mail, a copy of theaffidavit which he proposes to introduce in evidence together with a notice asprovided in paragraph (c).

(b) Unless the opposing party, within 7 days after suchservice, mails or delivers to the proponent a request to cross-examine theaffiant, his right to cross-examine the affiant is waived and the affidavit, ifintroduced in evidence, must be given the same effect as if the affiant hadtestified orally. If an opportunity to cross-examine an affiant is not affordedafter request therefor is made in accordance with this paragraph, the affidavitmay be introduced in evidence, but must be given only the same effect as otherhearsay evidence.

(c) The notice referred to in paragraph (a) must besubstantially in the following form:

The accompanying affidavit of(here insert name of affiant) will be introduced as evidence at the hearing setfor the ........ day of the month of . of the year (Here insert name ofaffiant) will not be called to testify orally and you will not be entitled toquestion him unless you notify the undersigned that you wish to cross-examinehim. To be effective your request must be mailed or delivered to theundersigned on or before 7 days from the date this notice and the enclosedaffidavit are served upon you.

 

(Partyor Counsel)

(Address)

 

(Added to NRS by 1983, 1569; A 2001, 53)

NRS 463.3133 Hearingsother than investigative hearings: Procedure. Thefollowing procedures apply at all hearings of the Commission other than investigativehearings:

1. At least three members of the Commission shall bepresent at every hearing, and they shall exercise all powers relating to theconduct of the hearing and shall enforce all decisions with respect thereto.

2. The proceedings at the hearing must be reportedeither stenographically or by a phonographic reporter.

(Added to NRS by 1983, 1571)

NRS 463.3136 Amendedor supplemental pleadings. The Commission may,before submission of the case for decision, permit the filing of amended orsupplemental pleadings and shall notify all parties thereof, and provide areasonable opportunity for objections thereto.

(Added to NRS by 1983, 1571)

NRS 463.314 Contempt. If any person in proceedings before the Commissiondisobeys or resists any lawful order or refuses to respond to a subpoena, or refusesto take the oath or affirmation as a witness or thereafter refuses to beexamined, or is guilty of misconduct during the hearing or so near the placethereof as to obstruct the proceeding, the Commission may certify the facts tothe district court in and for the county where the proceedings are held. Thecourt shall thereupon issue an order directing the person to appear before thecourt and show cause why he should not be punished as for contempt. The courtorder and a copy of the statement of the Commission must be served on theperson cited to appear. Thereafter the court has jurisdiction of the matter,and the same proceedings must be had, the same penalties may be imposed and theperson charged may purge himself of the contempt in the same way as in the caseof a person who has committed a contempt in the trial of a civil action beforea district court.

(Added to NRS by 1983, 1571)

NRS 463.3145 Writtendecision and order of Commission; rehearing.

1. After the hearing of a contested matter, theCommission shall render a written decision on the merits which must containfindings of fact, a determination of the issues presented and the penalty to beimposed, if any. The Commission shall thereafter make and enter its writtenorder in conformity to its decision. No member of the Commission who did nothear the evidence may vote on the decision. The affirmative votes of a majorityof the whole Commission are required to impose any penalty. Copies of thedecision and order must be served on the parties personally or sent to them byregistered or certified mail. The decision is effective upon such service,unless the Commission orders otherwise.

2. The Commission may, upon motion made within 10 daysafter service of a decision and order, order a rehearing before the Commissionupon such terms and conditions as it may deem just and proper if a petition forjudicial review of the decision and order has not been filed. The motion mustnot be granted except upon a showing that there is additional evidence which ismaterial and necessary and reasonably calculated to change the decision of theCommission, and that sufficient reason existed for failure to present theevidence at the hearing of the Commission. The motion must be supported by anaffidavit of the moving party or his counsel showing with particularity themateriality and necessity of the additional evidence and the reason why it wasnot introduced at the hearing. Upon rehearing, rebuttal evidence to theadditional evidence must be permitted. After rehearing, the Commission maymodify its decision and order as the additional evidence may warrant.

(Added to NRS by 1983, 1571)

NRS 463.315 Judicialreview: Petition; intervention; stay of enforcement; priority if supervisorappointed.

1. Any person aggrieved by a final decision or orderof the Commission made after hearing or rehearing by the Commission pursuant toNRS 463.312 to 463.3145, inclusive, and whether or not apetition for rehearing was filed, may obtain a judicial review thereof in thedistrict court of the county in which the petitioner resides or has his or itsprincipal place of business.

2. The judicial review must be instituted by filing apetition within 20 days after the effective date of the final decision ororder. A petition may not be filed while a petition for rehearing or arehearing is pending before the Commission. The petition must set forth theorder or decision appealed from and the grounds or reasons why petitionercontends a reversal or modification should be ordered.

3. Copies of the petition must be served upon theCommission and all other parties of record, or their counsel of record, eitherpersonally or by certified mail.

4. The court, upon a proper showing, may permit otherinterested persons to intervene as parties to the appeal or as friends of thecourt.

5. The filing of the petition does not stayenforcement of the decision or order of the Commission, but the Commissionitself may grant a stay upon such terms and conditions as it deems proper.

6. If judicial review is sought in any case in which asupervisor has been appointed pursuant to NRS463B.010 to 463B.280, inclusive,the district court shall give priority to that review over other civil actions.

(Added to NRS by 1959, 448; A 1979, 809; 1983, 1561)

NRS 463.316 Judicialreview: Record on review.

1. Upon written request of petitioner and upon paymentof such reasonable costs and fees as the Commission may prescribe, the completerecord on review, or such parts thereof as are designated by the petitioner,must be prepared by the Commission.

2. The complete record on review must include copiesof:

(a) All pleadings in the case;

(b) All notices and interim orders issued by theCommission in connection with the case;

(c) All stipulations;

(d) The decision and order appealed from;

(e) A transcript of all testimony, evidence andproceedings at the hearing;

(f) The exhibits admitted or rejected; and

(g) Any other papers in the case.

The originalof any document may be used in lieu of a copy thereof. The record on review maybe shortened by stipulation of all parties to the review proceedings.

3. The record on review must be filed with thereviewing court within 30 days after service of the petition for review, butthe court may allow the Commission additional time to prepare and transmit therecord on review.

(Added to NRS by 1983, 1572)

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

1. The reviewing court may, upon motion therefor,order that additional evidence in the case be taken by the Commission upon suchterms and conditions as the court deems just and proper. The motion must not begranted except upon a showing that the additional evidence is material andnecessary and that sufficient reason existed for failure to present theevidence at the hearing of the Commission. The motion must be supported by anaffidavit of the moving party or his counsel showing with particularity themateriality and necessity of the additional evidence and the reason why it wasnot introduced in the administrative hearing. Rebuttal evidence to theadditional evidence must be permitted. In cases in which additional evidence ispresented to the Commission, the Commission may modify its decisions and ordersas the additional evidence may warrant and shall file with the reviewing courta transcript of the additional evidence together with any modifications of thedecision and order, all of which become a part of the record on review.

2. The review must be conducted by the court sittingwithout a jury, and must not be a trial de novo but is confined to the recordon review. The filing of briefs and oral argument must be made in accordancewith the rules governing appeals in civil cases unless the local rules ofpractice adopted in the judicial district provide a different procedure.

3. The reviewing court may affirm the decision andorder of the Commission, or it may remand the case for further proceedings orreverse the decision if the substantial rights of the petitioner have beenprejudiced because the decision is:

(a) In violation of constitutional provisions;

(b) In excess of the statutory authority orjurisdiction of the Commission;

(c) Made upon unlawful procedure;

(d) Unsupported by any evidence; or

(e) Arbitrary or capricious or otherwise not inaccordance with law.

(Added to NRS by 1983, 1572; A 1991, 2145)

NRS 463.318 Judicialreview: Appeal to Supreme Court; exclusive method of review for disciplinaryhearings; certain actions not subject to judicial review.

1. Any party aggrieved by the final decision in thedistrict court after a review of the decision and order of the Commission mayappeal to the Supreme Court in the manner and within the time provided by law forappeals in civil cases. The Supreme Court shall follow the same procedurethereafter as in appeals in civil actions, and may affirm, reverse or modifythe decision as the record and law warrant.

2. The judicial review by the district and SupremeCourts afforded in this chapter is the exclusive method of review of theCommissions actions, decisions and orders in disciplinary hearings heldpursuant to NRS 463.310 to 463.3145, inclusive. Judicial review isnot available for actions, decisions and orders of the Commission relating tothe denial of a license or to limited or conditional licenses. Extraordinarycommon-law writs or equitable proceedings are available except where statutoryjudicial review is made exclusive or is precluded, or the use of those writs orproceedings is precluded by specific statute.

(Added to NRS by 1983, 1573; A 1985, 2139)

MISCELLANEOUS PROVISIONS

NRS 463.320 Collectionand disposition of state fees for licenses and penalties. [Effective throughJune 30, 2007.]

1. All gaming license fees imposed by the provisionsof NRS 463.370, 463.373 to 463.383, inclusive, and 463.3855 must be collected and disposed ofas provided in this section.

2. All state gaming license fees and penalties must becollected by the Commission and paid over immediately to the State Treasurer tobe disposed of as follows:

(a) Except as otherwise provided in paragraphs (c), (d)and (e), all state gaming license fees and penalties other than the licensefees imposed by the provisions of NRS463.380 must be deposited for credit to the State General Fund.

(b) All state gaming license fees imposed by the provisionsof NRS 463.380 must, after deduction ofcosts of administration and collection, be divided equally among the variouscounties and transmitted to the respective county treasurers. Such fees, exceptas otherwise provided in this section, must be deposited by the countytreasurer in the county general fund and be expended for county purposes. Ifthe board of county commissioners desires to apportion and allocate all or aportion of such fees to one or more cities or towns within the county, theboard of county commissioners shall, annually, before the preparation of thecity or town budget or budgets as required by chapter354 of NRS, adopt a resolution so apportioning and allocating a percentageof such fees anticipated to be received during the coming fiscal year to suchcity or cities or town or towns for the next fiscal year commencing July 1.After the adoption of the resolution, the percentage so apportioned and allocatedmust be converted to a dollar figure and included in the city or town budget orbudgets as an estimated receipt for the next fiscal year. Quarterly, uponreceipt of the money from the State, the county treasurer shall deposit anamount of money equal to the percentage so apportioned and allocated to thecredit of the city or town fund to be used for city or town purposes, and thebalance remaining must be deposited in the county general fund and must be expendedfor county purposes.

(c) Onetwenty-fifth of the license fee imposed by the provisions of NRS 463.370 on gross revenue which exceeds$134,000 per calendar month that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conductoff-track pari-mutuel wagering must, after the deduction of costs ofadministration and collection, be allocated pro rata among the counties in thisState whose population is less than 100,000 in which on-track pari-mutuelwagering is conducted. The allocation must be based upon the amounts paid fromeach such county pursuant to subsection 2 of NRS466.125 and transmitted to the respective county treasurers. Money receivedby a county treasurer pursuant to this paragraph must be deposited in thecounty general fund and expended to augment any stakes, purses or rewards whichare offered with respect to horse races conducted in that county by a statefair association, agricultural society or county fair and recreation board.

(d) Ten percent of the amount of the license feeimposed by the provisions of NRS 463.370that is paid pursuant to subsection 2 of NRS464.045 by persons licensed to conduct off-track pari-mutuel wagering whichexceeds $5,036,938 per calendar year must, after the deduction of costs ofadministration and collection, be allocated pro rata among the counties in thisState whose population is less than 100,000 in which on-track pari-mutuelwagering is conducted. The allocation must be based upon the amounts paid fromeach such county pursuant to subsection 2 of NRS466.125 and must be transmitted to the respective county treasurers asprovided in this paragraph. On March 1 of each year, the Board shall calculatethe amount of money to be allocated to the respective county treasurers andnotify the State Treasurer of the appropriate amount of each allocation. TheState Treasurer shall transfer the money to the respective county treasurers.Money received by a county treasurer pursuant to this paragraph must bedeposited in the county general fund and expended to augment any stakes, pursesor rewards which are offered with respect to horse races conducted in thatcounty by a state fair association, agricultural society or county fair andrecreation board.

(e) The Commission shall deposit quarterly in theRevolving Account to Support Programs for the Prevention and Treatment ofProblem Gambling created by NRS 458A.090:

(1) For the Fiscal Year 2005-2006, an amountequal to $1 for each slot machine that is subject to the license fee imposedpursuant to NRS 463.373 and 463.375 and collected by the Commission;and

(2) For the Fiscal Year 2006-2007, an amountequal to $2 for each slot machine that is subject to the license fee imposedpursuant to NRS 463.373 and 463.375 and collected by the Commission.

[32:429:1955](NRS A 1957, 784; 1959, 450, 762; 1960,330; 1963, 521; 1965, 747; 1967, 820, 885; 1969, 642; 1979, 738, 1403; 1983,141, 1335; 2003, 3406;2005, 1530)

NRS 463.320 Collection and disposition of statefees for licenses and penalties. [Effective July 1, 2007.]

1. All gaming license fees imposed by the provisionsof NRS 463.370, 463.373 to 463.383, inclusive, and 463.3855 must be collected and disposed ofas provided in this section.

2. All state gaming license fees and penalties must becollected by the Commission and paid over immediately to the State Treasurer tobe disposed of as follows:

(a) Except as otherwise provided in paragraphs (c) and(d), all state gaming license fees and penalties other than the license feesimposed by the provisions of NRS 463.380must be deposited for credit to the State General Fund.

(b) All state gaming license fees imposed by the provisionsof NRS 463.380 must, after deduction ofcosts of administration and collection, be divided equally among the variouscounties and transmitted to the respective county treasurers. Such fees, exceptas otherwise provided in this section, must be deposited by the countytreasurer in the county general fund and be expended for county purposes. Ifthe board of county commissioners desires to apportion and allocate all or aportion of such fees to one or more cities or towns within the county, theboard of county commissioners shall, annually, before the preparation of thecity or town budget or budgets as required by chapter354 of NRS, adopt a resolution so apportioning and allocating a percentageof such fees anticipated to be received during the coming fiscal year to suchcity or cities or town or towns for the next fiscal year commencing July 1.After the adoption of the resolution, the percentage so apportioned and allocatedmust be converted to a dollar figure and included in the city or town budget orbudgets as an estimated receipt for the next fiscal year. Quarterly, uponreceipt of the money from the State, the county treasurer shall deposit anamount of money equal to the percentage so apportioned and allocated to thecredit of the city or town fund to be used for city or town purposes, and thebalance remaining must be deposited in the county general fund and must beexpended for county purposes.

(c) Onetwenty-fifth of the license fee imposed by the provisions of NRS 463.370 on gross revenue which exceeds$134,000 per calendar month that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conductoff-track pari-mutuel wagering must, after the deduction of costs ofadministration and collection, be allocated pro rata among the counties in thisState whose population is less than 100,000 in which on-track pari-mutuelwagering is conducted. The allocation must be based upon the amounts paid fromeach such county pursuant to subsection 2 of NRS466.125 and transmitted to the respective county treasurers. Money receivedby a county treasurer pursuant to this paragraph must be deposited in thecounty general fund and expended to augment any stakes, purses or rewards whichare offered with respect to horse races conducted in that county by a statefair association, agricultural society or county fair and recreation board.

(d) Ten percent of the amount of the license feeimposed by the provisions of NRS 463.370that is paid pursuant to subsection 2 of NRS464.045 by persons licensed to conduct off-track pari-mutuel wagering whichexceeds $5,036,938 per calendar year must, after the deduction of costs ofadministration and collection, be allocated pro rata among the counties in thisState whose population is less than 100,000 in which on-track pari-mutuelwagering is conducted. The allocation must be based upon the amounts paid fromeach such county pursuant to subsection 2 of NRS466.125 and must be transmitted to the respective county treasurers asprovided in this paragraph. On March 1 of each year, the Board shall calculatethe amount of money to be allocated to the respective county treasurers andnotify the State Treasurer of the appropriate amount of each allocation. TheState Treasurer shall transfer the money to the respective county treasurers.Money received by a county treasurer pursuant to this paragraph must bedeposited in the county general fund and expended to augment any stakes, pursesor rewards which are offered with respect to horse races conducted in thatcounty by a state fair association, agricultural society or county fair andrecreation board.

[32:429:1955](NRS A 1957, 784; 1959, 450, 762; 1960,330; 1963, 521; 1965, 747; 1967, 820, 885; 1969, 642; 1979, 738, 1403; 1983,141, 1335; 2003, 3406;2005, 1530,effective July 1, 2007)

NRS 463.323 Collectionand disposition of county fees for licenses in county whose population is lessthan 400,000. In a county whose population isless than 400,000:

1. The county license department, or the sheriff ifthere is no county license department, shall collect all county license fees,and no license money paid to the sheriff or county license department may berefunded, whether the slot machine, game or device for which the license wasissued has voluntarily ceased or its license has been revoked or suspended, orfor any other reason. The sheriff in his county or the county licensedepartment shall demand that all persons required to procure county licenses inaccordance with this chapter take out and pay for the licenses, and the sheriffif there is no county license department is liable on his official bond for allmoney due for the licenses remaining uncollected by reason of his negligence.

2. If the county has no county license department, thesheriff shall, on or before the fifth day of each month, pay over to the countytreasurer all money received by him for licenses and take from the countytreasurer a receipt therefor, and he shall immediately on the same day returnto the county auditor all licenses not issued or disposed of by him as isprovided by law with respect to other county licenses.

3. If the county has a county license department, allmoney received for county gaming licenses must be paid over to the countytreasurer at the time and in the manner prescribed by county ordinance.

4. All money received for county gaming licenses underthis chapter must be retained by the county treasurer for credit to the countygeneral fund, except:

(a) Where the license is collected within theboundaries of any incorporated city, the county shall retain 25 percent of themoney, and the incorporated city is entitled to 75 percent of the money, whichmust be paid into the general fund of the incorporated city.

(b) Where the license is collected within theboundaries of any unincorporated town under the control of the board of countycommissioners pursuant to chapter 269 of NRS,the county shall retain 25 percent of the money, and 75 percent of the moneymust be placed in the town government fund for the general use and benefit ofthe unincorporated town.

(Added to NRS by 1979, 1406; A 1983, 141; 1987, 1723;1997, 1298)

NRS 463.325 Collectionand disposition of county fees for licenses in county whose population is400,000 or more. In a county whose populationis 400,000 or more:

1. The county license department, or the sheriff ifthere is no county license department, shall collect all county license fees,and no license money paid to the sheriff or county license department may berefunded, whether the slot machine, game or device for which the license wasissued has voluntarily ceased or its license has been revoked or suspended, orfor any other reason. The sheriff in his county or the county licensedepartment shall demand that all persons required to procure county licenses inaccordance with this chapter take out and pay for the licenses, and thesheriff, if there is no county license department, is liable on his officialbond for all money due for the licenses remaining uncollected by reason of hisnegligence.

2. If the county has no county license department, thesheriff shall, on or before the fifth day of each month, pay over to the countytreasurer all money received by him for licenses and take from the countytreasurer a receipt therefor, and he shall immediately on the same day returnto the county auditor all licenses not issued or disposed of by him as is providedby law with respect to other county licenses.

3. If the county has a county license department, allmoney received for county gaming licenses must be paid over to the countytreasurer at the time and in the manner prescribed by county ordinance.

4. All money received for county gaming licenses underthis chapter must be apportioned by the county treasurer in the followingmanner:

(a) Where the license is collected within theboundaries of any incorporated city, the money must be paid into the generalfund of the incorporated city.

(b) Where the license is collected within theboundaries of any unincorporated town under the control of the board of countycommissioners pursuant to chapter 269 of NRS,the money must be placed in the town government fund for the general use andbenefit of the unincorporated town.

(c) Where the license is collected outside theboundaries of any incorporated city or unincorporated town under the control ofthe board of county commissioners pursuant to chapter269 of NRS, the money must be retained by the county treasurer for creditto the county general fund.

(Added to NRS by 1997, 1297)

NRS 463.327 Decreasein rate of property tax of incorporated city receiving apportioned gaminglicense revenue. The Executive Director of theDepartment of Taxation shall decrease the rate of property tax otherwiseallowed to be levied pursuant to chapter 354of NRS by each incorporated city in a county whose population is 400,000 ormore, and each such incorporated city shall accordingly decrease its propertytax levy, for each fiscal year in which money will be distributed pursuant to NRS 463.325, by an amount which whenmultiplied by the assessed valuation of the incorporated city for the previousfiscal year would produce revenue equal to 25 percent of the amount allocatedto the incorporated city pursuant to NRS463.325 in the fiscal year in which the distribution will be received.

(Added to NRS by 1997, 1298)

NRS 463.330 Costsof administration; State Gaming Control Board Revolving Account; limitations onexpenditures.

1. Costs of administration of this chapter incurred bythe Commission and the State Gaming Control Board must be paid from the StateGeneral Fund on claims presented by the Commission and the Board, respectively,and approved and paid as other claims against the State are paid. TheCommission and the Board shall comply with the provisions of the State BudgetAct in order that legislative authorization for budgeted expenditures may beprovided.

2. In order to facilitate the confidentialinvestigation of violations of this chapter and the regulations adopted by theCommission pursuant to this chapter, there is hereby created the State GamingControl Board Revolving Account. Upon the written request of the Chairman ofthe Board, the State Controller shall draw his warrant in favor of the Chairmanin the amount of $10,000, and upon presentation of the warrant to the StateTreasurer, he shall pay it. When the warrant is paid, the Chairman shalldeposit the $10,000 in a bank or credit union of reputable standing which shallsecure the deposit with a depository bond satisfactory to the State Board ofExaminers.

3. The Chairman of the Board may use the RevolvingAccount to pay the reasonable expenses of agents and employees of the Boardengaged in confidential investigations concerning the enforcement of thischapter, including the prepayment of expenses where necessary, whether suchexpenses are incurred for investigation of known or suspected violations. Inallowing such expenses, the Chairman is not limited or bound by the provisionsof NRS 281.160.

4. After the expenditure of money from the RevolvingAccount, the Chairman of the Board shall present a claim to the State Board ofExaminers for the amount of the expenditure to be replaced in the RevolvingAccount. The claim must be allowed and paid as are other claims against theState, but the claim must not detail the investigation made as to the agent oremployee making the investigation or the person or persons investigated. If theState Board of Examiners is not satisfied with the claim, the members thereofmay orally examine the Chairman concerning the claim.

5. Expenditures from the Revolving Account may notexceed the amount authorized by the Legislature in any fiscal year.

[33:429:1955](NRS A 1959, 451; 1960, 304; 1961, 663;1963, 691; 1969, 235, 736; 1977, 4; 1979, 782; 1983, 1530; 1999, 1499; 2003, 629)

NRS 463.331 InvestigativeFund.

1. An Investigative Fund is hereby created as anenterprise fund for the purposes of paying all expenses incurred by the Boardand the Commission for investigation of an application for a license, findingof suitability or approval under the provisions of this chapter. The specialrevenue of the Investigative Fund is the money received by the State from therespective applicants. The amount to be paid by each applicant is the amountdetermined by the Board in each case, but the Board may not charge any amountto an applicant for a finding of suitability to be associated with a gamingenterprise pursuant to paragraph (a) of subsection 2 of NRS 463.167.

2. Expenses may be advanced from the InvestigativeFund by the Chairman, and expenditures from the Fund may be made without regardto NRS 281.160. Any money received fromthe applicant in excess of the costs and charges incurred in the investigationor the processing of the application must be refunded pursuant to regulationsadopted by the Board and the Commission. At the conclusion of the investigation,the Board shall give to the applicant a written accounting of the costs andcharges so incurred.

3. Within 3 months after the end of a fiscal year, theamount of the balance in the Fund in excess of $2,000 must be deposited in theState General Fund.

(Added to NRS by 1971, 834; A 1977, 1434; 1983, 243,1531; 2001, 2754)

NRS 463.332 Accountfor Investigating Cash Transactions of Gaming Licensees: Creation; use; claims.

1. The Account for Investigating Cash Transactions ofGaming Licensees is hereby created in the Investigative Fund. The Account is acontinuing account and its money does not revert to the State General Fund atany time.

2. The money in the Account must be used by the Boardto conduct undercover investigations related to alleged or suspected violationsof regulations concerning cash transactions of gaming licensees.

3. Claims against the Account which are approved bythe Board must be paid as other claims against the State are paid.

(Added to NRS by 1989, 567; A 1991, 1775)

NRS 463.335 Gamingemployee or independent contractor must be registered with Board; notice ofchange of employment; investigation of applicant; fee; expiration ofregistration; suspension of or objection to registration; hearing and review;confidentiality of records; suspension of registration for failure to complywith provisions of chapter 179D of NRS.

1. The Legislature finds that, to protect and promotethe health, safety, morals, good order and general welfare of the inhabitantsof the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that theBoard:

(a) Ascertain and keep itself informed of the identity,prior activities and present location of all gaming employees and independentagents in the State of Nevada; and

(b) Maintain confidential records of such information.

2. Except as otherwise provided in subsection 4, aperson may not be employed as a gaming employee or serve as an independentagent unless he is temporarily registered or registered as a gaming employeepursuant to this section. An applicant for registration or renewal ofregistration as a gaming employee must file an application for registration orrenewal of registration with the Board. Whenever a registered gaming employee,whose registration has not expired, has not been objected to by the Board, orhas not been suspended or revoked becomes employed as a gaming employee atanother or additional gaming establishment, he must file a change of employmentnotice within 10 days with the Board. The application for registration andchange of employment notice must be filed through the licensee for whom theapplicant will commence or continue working as a gaming employee, unless otherwisefiled with the Board as prescribed by regulation of the Commission.

3. The Board shall prescribe the forms for theapplication for registration as a gaming employee and the change of employmentnotice.

4. An independent agent is not required to beregistered as a gaming employee if he is not a resident of this State and hasregistered with the Board in accordance with the provisions of the regulationsadopted by the Commission.

5. A completeapplication for registration or renewal of registration as a gaming employee ora change of employment notice received by a licensee must be mailed ordelivered to the Board within 5 business days of receipt unless the date isadministratively extended by the Chairman of the Board for good cause. Alicensee is not responsible for the accuracy or completeness of any applicationfor registration or renewal of registration as a gaming employee or any changeof employment notice.

6. The Board shall immediately conduct aninvestigation of each person who files an application for registration orrenewal of registration as a gaming employee to determine whether he iseligible for registration as a gaming employee. In conducting theinvestigation, two complete sets of the applicants fingerprints must besubmitted to the Central Repository for Nevada Records of Criminal History for:

(a) A reportconcerning the criminal history of the applicant; and

(b) Submission to the Federal Bureau of Investigationfor a report concerning the criminal history of the applicant.

The investigation need not belimited solely to consideration of the results of the report concerning thecriminal history of the applicant. The fee for processing an application forregistration or renewal of registration as a gaming employee may be chargedonly to cover the actual investigative and administrative costs related toprocessing the application and the fees charged by the Central Repository forNevada Records of Criminal History and the Federal Bureau of Investigation to processthe fingerprints of an applicant pursuant to this subsection.

7. Uponreceipt of a change of employment notice, the Board may conduct anyinvestigations of the gaming employee that the Board deems appropriate to determinewhether the gaming employee may remain registered as a gaming employee. Thefiling of a change of employment notice constitutes an application for registrationas a gaming employee, and if the Board, after conducting its investigation, suspendsor objects to the continued registration of the gaming employee, the provisionsof subsections 11 to 17, inclusive, apply to such suspension by or objection ofthe Board. No fee may be charged by the Board to cover the actual investigativeand administrative costs related to processing a change of employment notice.

8. Except as otherwise prescribed by regulation of theCommission, an applicant for registration or renewal of registration as agaming employee is deemed temporarily registered as a gaming employee as of thedate a complete application for registration or renewal of registration issubmitted to the licensee for which he will commence or continue working as agaming employee. Unless objected to by the Board or suspended or revoked, theinitial registration of an applicant as a gaming employee expires 5 years afterthe date employment commences with the applicable licensee or, in the case ofan independent agent, 5 years after the date he contracts with an applicablelicensee. Any subsequent renewal of registration as a gaming employee, unlessobjected to by the Board or suspended or revoked, expires 5 years after theexpiration date of the most recent registration or renewal of registration ofthe gaming employee.

9. If, within120 days after receipt by the Board of a complete application for registrationor renewal of registration as a gaming employee, including classifiablefingerprints, or a change of employment notice, the Board has not notified theapplicable licensee of any suspension or objection, the applicant shall be deemedto be registered as a gaming employee. A complete application for registrationor renewal of registration as a gaming employee is composed of:

(a) The fullycompleted form for application for registration as a gaming employee prescribedin subsection 3;

(b) Twocomplete sets of the fingerprints of the applicant, unless directly forwardedelectronically or by another means to the Central Repository for Nevada Recordsof Criminal History;

(c) The fee forprocessing the application for registration or renewal of registration as agaming employee prescribed by the Board pursuant to subsection 6, unlessotherwise prescribed by regulation of the Commission; and

(d) A completedstatement as prescribed in subsections 1 and 2 of NRS 463.3351.

If the Board determines afterreceiving an application for registration or renewal of registration as agaming employee that the application is incomplete, the Board may suspend thetemporary registration as a gaming employee of the applicant who filed theincomplete application. An applicant whose temporary registration is suspendedshall not be eligible to work as a gaming employee until such time as he filesa complete application.

10. A person who is temporarily registered orregistered as a gaming employee is eligible for employment in any licensedgaming establishment in this State until such registration is objected to bythe Board, expires or is suspended or revoked. The Commission shall adopt regulationsto:

(a) Establish uniform procedures for the registrationof gaming employees;

(b) Establish uniform criteria for objection by theBoard of an application for registration; and

(c) Provide for the creation and maintenance of asystem of records that contain information regarding the current place ofemployment of each person who is registered as a gaming employee and eachperson whose registration as a gaming employee has expired, was objected to bythe Board, or was suspended or revoked. The system of records must beaccessible by:

(1) Licensees for the limited purpose ofcomplying with subsection 2; and

(2) The Central Repository for Nevada Records ofCriminal History for the limited purpose of complying with NRS 179D.570.

11. If the Board, within the 120-day period prescribedin subsection 9, notifies:

(a) The applicable licensee; and

(b) The applicant,

that theBoard suspends or objects to the temporary registration of an applicant as agaming employee, the licensee shall immediately terminate the applicant from employmentor reassign him to a position that does not require registration as a gamingemployee. The notice of suspension or objection by the Board which is sent tothe applicant must include a statement of the facts upon which the Board reliedin making its suspension or objection.

12. Any person whose application for registration orrenewal of registration as a gaming employee has been suspended or objected toby the Board may, not later than 60 days after receiving notice of thesuspension or objection, apply to the Board for a hearing. A failure of aperson whose application has been objected to or suspended to apply for ahearing within 60 days or his failure to appear at a hearing of the Boardconducted pursuant to this section shall be deemed to be an admission that thesuspension or objection is well-founded, and the failure precludesadministrative or judicial review. At the hearing, the Board shall take anytestimony deemed necessary. After the hearing, the Board shall review thetestimony taken and any other evidence, and shall, within 45 days after thedate of the hearing, mail to the applicant its decision sustaining or reversingthe suspension or the objection to the registration of the applicant as agaming employee.

13. The Board may suspend or object to theregistration of an applicant as a gaming employee for any cause deemedreasonable by the Board. The Board may object to or suspend the registration ifthe applicant has:

(a) Failed to disclose or misstated information orotherwise attempted to mislead the Board with respect to any material factcontained in the application for registration as a gaming employee;

(b) Knowingly failed to comply with the provisions ofthis chapter or chapter 463B, 464 or 465 of NRSor the regulations of the Commission at a place of previous employment;

(c) Committed, attempted or conspired to commit anycrime of moral turpitude, embezzlement or larceny or any violation of any lawpertaining to gaming, or any crime which is inimical to the declared policy ofthis State concerning gaming;

(d) Committed, attempted or conspired to commit a crimewhich is a felony or gross misdemeanor in this State or an offense in anotherstate or jurisdiction which would be a felony or gross misdemeanor if committedin this State and which relates to the applicants suitability orqualifications to work as a gaming employee;

(e) Been identified in the published reports of anyfederal or state legislative or executive body as being a member or associateof organized crime, or as being of notorious and unsavory reputation;

(f) Been placed and remains in the constructive custodyof any federal, state or municipal law enforcement authority; or

(g) Had registration as a gaming employee revoked orcommitted any act which is a ground for the revocation of registration as agaming employee or would have been a ground for revoking registration as agaming employee if the applicant had then been registered as a gaming employee.

If the Boardregisters or does not suspend or object to the registration of an applicant asa gaming employee, it may specially limit the period for which the registrationis valid, limit the job classifications for which the registered gamingemployee may be employed and establish such individual conditions for therenewal and effectiveness of the registration as the Board deems appropriate,including required submission to unscheduled tests for the presence of alcoholor controlled substances.

14. Any applicant aggrieved by the decision of theBoard may, within 15 days after the announcement of the decision, apply inwriting to the Commission for review of the decision. Review is limited to therecord of the proceedings before the Board. The Commission may sustain, modifyor reverse the Boards decision. The decision of the Commission is subject tojudicial review pursuant to NRS 463.315to 463.318, inclusive.

15. The Chairman of the Board may designate a memberof the Board or the Board may appoint a hearing examiner and authorize thatperson to perform on behalf of the Board any of the following functionsrequired of the Board by this section concerning the registration or renewal ofregistration of gaming employees:

(a) Conducting a hearing and taking testimony;

(b) Reviewing the testimony and evidence presented atthe hearing;

(c) Making a recommendation to the Board based upon thetestimony and evidence or rendering a decision on behalf of the Board tosustain or reverse the suspension of or the objection to the registration of anapplicant as a gaming employee; and

(d) Notifying the applicant of the decision.

16. Notice by the Board as provided pursuant tosubsections 1 to 15, inclusive, is sufficient if it is mailed to theapplicants last known address as indicated on the application for registrationas a gaming employee or the record of the hearing, as the case may be. The dateof mailing may be proven by a certificate signed by an officer or employee ofthe Board which specifies the time the notice was mailed. The notice shall bedeemed to have been received by the applicant 5 days after it is deposited withthe United States Postal Service with the postage thereon prepaid.

17. Except as otherwise provided in this subsection,all records acquired or compiled by the Board or Commission relating to anyapplication made pursuant to this section, all lists of persons registered asgaming employees, all lists of persons suspended or objected to by the Boardand all records of the names or identity of persons engaged in the gamingindustry in this State are confidential and must not be disclosed except in theproper administration of this chapter or to an authorized law enforcementagency. Upon receipt of a request from the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.400 for information relating to aspecific person who has applied for registration as a gaming employee or isregistered as a gaming employee, the Board shall disclose to the Division hissocial security number, residential address and current employer as thatinformation is listed in the files and records of the Board. Any record of theBoard or Commission which shows that the applicant has been convicted of acrime in another state must show whether the crime was a misdemeanor, grossmisdemeanor, felony or other class of crime as classified by the state in whichthe crime was committed. In a disclosure of the conviction, reference to theclassification of the crime must be based on the classification in the statewhere it was committed.

18. If the Central Repository for Nevada Records ofCriminal History, in accordance with the provisions of NRS 179D.570, provides the Board with thename and other identifying information of a registered gaming employee who isnot in compliance with the provisions of chapter179D of NRS, the Board shall notify the person that, unless he provides theBoard with verifiable documentation confirming that he is currently incompliance with the provisions of chapter 179Dof NRS within 15 days after receipt of such notice, the Board shall,notwithstanding any other provisions of this section, conduct a hearing for thepurpose of determining whether the registration of the person as a gamingemployee must be suspended for noncompliance with the provisions of chapter 179D of NRS.

19. Notwithstanding any other provisions of thissection, if a person notified by the Board pursuant to subsection 18 does notprovide the Board, within the 15 days prescribed therein, with verifiabledocumentation establishing that he is currently in compliance with theprovisions of chapter 179D of NRS, theChairman of the Board shall, within 10 days thereof, appoint a hearing examinerto conduct a hearing to determine whether the person is, in fact, not incompliance with the provisions of chapter 179Dof NRS. The hearing examiner shall, within 5 days after the date he isappointed by the Chairman, notify the person of the date of the hearing. Thehearing must be held within 20 days after the date on which the hearingexaminer is appointed by the Chairman, unless administratively extended by theChairman for good cause. At the hearing, the hearing examiner may take anytestimony deemed necessary and shall render a decision sustaining or reversingthe findings of the Central Repository for Nevada Records of Criminal History.The hearing examiner shall notify the person of his decision within 5 daysafter the date on which the decision is rendered. A failure of a person toappear at a hearing conducted pursuant to this section shall be deemed to be anadmission that the findings of the hearing examiner are well-founded.

20. If, after conducting the hearing prescribed insubsection 19, the hearing examiner renders a decision that the person who isthe subject of the hearing:

(a) Is not in compliance with the provisions of chapter 179D of NRS, the Board shall,notwithstanding any other provisions of this section:

(1) Suspend the registration of the person as agaming employee;

(2) Notify the person to contact the CentralRepository for Nevada Records of Criminal History to determine the actions thathe must take to be in compliance with the provisions of chapter 179D of NRS; and

(3) Notify the licensee for which the person isemployed as a gaming employee, in the manner prescribed in subsection 21, thatthe Board has suspended the registration of the person as a gaming employee andthat the licensee must immediately terminate the person from employment orreassign him to a position that does not require registration as a gamingemployee.

(b) Is in compliance with the provisions of chapter 179D of NRS, the Board shall notify theperson and the Central Repository for Nevada Records of Criminal History, inthe manner prescribed in subsection 21, of the findings of the hearingexaminer.

21. Notice as provided pursuant to subsections 18, 19and 20 is sufficient if it is mailed to the persons last known address asindicated on the most recent application for registration as a gaming employeeor the record of the hearing, or to the person at his place of gamingemployment. The date of mailing may be proven by a certificate signed by anofficer or employee of the Board which specifies the time the notice wasmailed. The notice shall be deemed to have been received by the applicant 5days after it is deposited with the United States Postal Service with thepostage thereon prepaid.

22. The Board shall remove a suspension entered inaccordance with subsection 20 and reinstate the registration of a person as agaming employee upon receipt of verifiable documentation confirming that theperson is currently in compliance with the provisions of chapter 179D of NRS.

(Added to NRS by 1965, 758; A 1975, 686; 1977, 1434;1979, 783; 1981, 548, 1084; 1983, 1563; 1989, 494; 1991, 589, 926, 1840, 1931;1993, 577, 580, 649, 652; 1995, 208; 1999, 899; 2001, 3081; 2003, 211, 216, 2698; 2003, 20th SpecialSession, 4; 2005,2880)

NRS 463.3351 Paymentof child support: Statement by applicant for registration as gaming employee;grounds for denial of registration; duty of Board. [Expires by limitation onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. An applicantfor registration or renewal of registration as a gaming employee shall submitto the Board the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for registration or renewal of registration as a gaming employee; or

(b) A separate form prescribed by the Board.

3. An applicant may not be registered as a gamingemployee if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2060; A 2003, 20th SpecialSession, 9)

NRS 463.3352 Suspensionof registration as gaming employee for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of registration. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. If the Boardreceives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is registered as a gamingemployee, the Board shall deem the registration of that person to be suspendedat the end of the 30th day after the date on which the court order was issuedunless the Board receives a letter issued to the registered gaming employee bythe district attorney or other public agency pursuant to NRS 425.550 stating that the registered gamingemployee has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Board shall reinstate the registration as agaming employee of a person that has been suspended by a district court pursuantto NRS 425.540 if the Board receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whoseregistration was suspended stating that the person whose registration wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2061; A 2003, 20th SpecialSession, 10)

NRS 463.3354 Applicationfor registration as gaming employee to include social security number ofapplicant. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.] Anapplication for registration or renewal of registration as a gaming employeemust include the social security number of the applicant.

(Added to NRS by 1997, 2061; A 2003, 20th SpecialSession, 10)

NRS 463.336 Issuanceof order summarily suspending registration as gaming employee; hearing; noticeof defense.

1. The Commission may issue an order summarilysuspending a persons registration as a gaming employee upon a finding that thesuspension is necessary for the immediate preservation of the public peace,health, safety, morals, good order or general welfare. The order becomeseffective when served upon the person registered.

2. The order of summary suspension must state thefacts upon which the finding of necessity for the suspension is based. Forpurposes of this section, the order of summary suspension shall be deemed acomplaint.

3. An order of summary suspension must be signed by atleast three members of the Commission.

4. The person whose registration as a gaming employeeis summarily suspended:

(a) Has a right to a hearing on the order. The Commissionshall schedule a hearing within 5 days after receipt of the persons notice ofdefense.

(b) Must file a notice of defense within 30 days afterthe effective date of the order of summary suspension. Failure to file thisnotice in a timely manner waives his right to a hearing before the Commissionand to judicial review of the final decision.

5. All affirmative defenses must be specificallystated in the notice of defense and unless an objection is stated to the formor manner of the order, all objections to the form of the complaint shall bedeemed waived.

6. Except as otherwise provided in this section, theprocedures for a disciplinary action in NRS463.312 to 463.3145, inclusive,must be followed.

(Added to NRS by 1981, 1072; A 1983, 1565; 1989, 497;2003, 20thSpecial Session, 10)

NRS 463.337 Revocationof registration as gaming employee: Grounds; power of Commission; judicialreview.

1. If any gaming employee or independent agent, who isregistered as a gaming employee with the Board, is convicted of any violationof this chapter or chapter 463B, 464 or 465 ofNRS, or if in investigating an alleged violation of this chapter by anylicensee the Commission finds that a registered gaming employee employed by ora registered independent agent contracting with the licensee has been guilty ofcheating, the Commission shall, after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive, revoke theregistration.

2. The Commission may revoke the registration of agaming employee or independent agent if the Commission finds, after a hearingas provided in NRS 463.310 and 463.312 to 463.3145, inclusive, that the gamingemployee or independent agent has failed to disclose, misstated or otherwisemisled the Board in respect to any fact contained within any application forregistration as a gaming employee or, subsequent to being registered as agaming employee:

(a) Committed, attempted or conspired to do any of theacts prohibited by this chapter or chapter 463B,464 or 465 ofNRS;

(b) Knowingly possessed or permitted to remain in orupon any licensed premises any cards, dice, mechanical device or any othercheating device whatever, the use of which is prohibited by statute orordinance;

(c) Concealed or refused to disclose any material factin any investigation by the Board;

(d) Committed, attempted or conspired to commit larcenyor embezzlement against a gaming licensee or upon the premises of a licensedgaming establishment;

(e) Been convicted in any jurisdiction other thanNevada of any offense involving or relating to gambling;

(f) Accepted employment without prior Commissionapproval in a position for which he could be required to be licensed under thischapter after having been denied a license for a reason involving personalunsuitability or after failing to apply for licensing when requested to do soby the Commission;

(g) Been refused the issuance of any license, permit orapproval to engage in or be involved with gaming or pari-mutuel wagering in anyjurisdiction other than Nevada, or had any such license, permit or approvalrevoked or suspended;

(h) Been prohibited under color of governmentalauthority from being present upon the premises of any gaming establishment orany establishment where pari-mutuel wagering is conducted for any reasonrelating to improper gambling activities or any illegal act;

(i) Contumaciously defied any legislative investigativecommittee or other officially constituted bodies acting on behalf of the UnitedStates or any state, county or municipality which seeks to investigate crimesrelating to gaming, corruption of public officials, or any organized criminalactivities; or

(j) Been convicted of any felony or gross misdemeanor,other than one constituting a violation of this chapter or chapter 463B, 464or 465 of NRS.

3. A gaming employee or independent agent whoseregistration as a gaming employee has been revoked pursuant to this section isentitled to judicial review of the Commissions action in the manner prescribedby NRS 463.315 to 463.318, inclusive.

4. Nothing in this section limits or prohibits theenforcement of NRS 463.165, 463.560, 463.595,463.637 or 463.645.

(Added to NRS by 1967, 1042; A 1969, 3, 465; 1973,659; 1975, 688; 1977, 1437; 1979, 786; 1981, 1086; 1983, 1566; 1991, 1842; 2003, 20th SpecialSession, 11)

NRS 463.339 Disclosureby applicant for licensing, registration, finding of suitability or requiredapproval or consent. An applicant forlicensing, registration, finding of suitability or any approval or consentrequired by this chapter or chapter 462 of NRSshall make full and true disclosure of all information to the Board, Commissionor other relevant governmental authority as necessary or appropriate in thepublic interest or as required in order to carry out the policies of this staterelating to licensing and control of the gaming industry and the operation ofcharitable lotteries.

(Added to NRS by 1977, 1418; A 1991, 2267; 2003, 20th SpecialSession, 12)

NRS 463.3403 Confidentialityof information relating to termination of employment of gaming employee orindependent agent. Any information obtained bythe Board from any licensee, his employer or agent relating to the terminationof the employment of a gaming employee or the services of an independent agentis confidential and must not be disclosed except:

1. Such information obtained from the former employerof an applicant for registration as a gaming employee must be disclosed to theapplicant to the extent necessary to permit him to respond to any suspension orobjection made by the Board to his application for such registration;

2. In the necessary administration of this chapter; or

3. Upon the lawful order of a court of competentjurisdiction.

(Added to NRS by 1981, 1072; A 1991, 1844; 2003, 20th SpecialSession, 12)

NRS 463.3407 Absoluteprivilege of certain communications and documents; restrictions on andprotections against disclosure.

1. Any communication or document of an applicant orlicensee, or an affiliate of either, which is made or transmitted to the Boardor Commission or any of their agents or employees to:

(a) Comply with any law or the regulations of the Boardor Commission;

(b) Comply with a subpoena issued by the Board orCommission; or

(c) Assist the Board or Commission in the performanceof their respective duties,

isabsolutely privileged and does not impose liability for defamation orconstitute a ground for recovery in any civil action.

2. If such a document or communication contains anyinformation which is privileged pursuant to chapter49 of NRS, that privilege is not waived or lost because the document orcommunication is disclosed to the Board or Commission or any of its agents oremployees.

3. Notwithstanding the provisions of subsection 4 of NRS 463.120:

(a) The Board, Commission and their agents andemployees shall not release or disclose any information, documents orcommunications provided by an applicant or licensee, or an affiliate of either,which are privileged pursuant to chapter 49 ofNRS, without the prior written consent of the applicant, licensee or affiliate,or pursuant to a lawful court order after timely notice of the proceedings hasbeen given to the applicant, licensee or affiliate.

(b) The Board and Commission shall maintain allprivileged information, documents and communications in a secure placeaccessible only to members of the Board and Commission and their authorizedagents and employees.

(c) The Board and Commission shall adopt procedures andregulations to protect the privileged nature of information, documents andcommunications provided by an applicant or licensee, or an affiliate of either.

(Added to NRS by 1981, 1072; A 1987, 1274; 1993, 184;1995, 1498)

NRS 463.341 Orderof court for release of confidential information: Procedure. An application to a court for an order requiring the Boardor the Commission to release any information declared by law to be confidentialshall be made only upon motion in writing on 10 days written notice to theBoard or Commission, the Attorney General and all persons who may be affectedby the entry of such order. Copies of the motion and all papers filed insupport of it shall be served with the notice by delivering a copy in person orby certified mail to the last known address of the person to be served.

(Added to NRS by 1977, 1418)

NRS 463.342 Personwith disability entitled to services of interpreter at hearing. Any person who is the subject of a hearing conducted underthe provisions of this chapter, or who is a witness at that hearing, and who isa person with a disability as defined in NRS50.050, is entitled to the services of an interpreter at public expense,subject to the provisions of NRS 50.052and 50.053. The interpreter must be:

1. Qualified to engage in the practice of interpretingin this State pursuant to subsection 2 of NRS656A.100; and

2. Appointed by the person who presides at thehearing.

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

NRS 463.343 Declaratoryjudgment; limitations on injunctive relief.

1. The Board or Commission or any applicant, licensee,association of licensees, nonprofit corporation that represents licensees,person found suitable, holding company, intermediary company or publicly tradedcorporation which is registered with the Commission may obtain a judicialdetermination of any question of construction or validity arising under thischapter, chapter 462 of NRS or any regulationof the Commission by bringing an action for a declaratory judgment in the FirstJudicial District Court of the State of Nevada in and for Carson City, or inthe district court of the district in which the plaintiff resides or doesbusiness, in accordance with the provisions of chapter30 of NRS.

2. When an action is brought by a person other thanthe Board or Commission, the Commission must be made a party to the action andthe Attorney General must be served with a copy of the complaint and isentitled to appear in the action.

3. Statutes and regulations reviewed pursuant to thissection must be construed in a manner consistent with the declared policy ofthe State.

4. The filing of a complaint for judicialdetermination under this section does not stay enforcement of any Commission orBoard action. The Board or Commission may grant a stay upon appropriate terms.

5. In any proceeding brought under this section, thedistrict court shall not grant any injunctive relief or relief based upon anyother extraordinary common-law writ to:

(a) Any applicant for licensing, finding of suitabilityor registration;

(b) Any person who has been ordered by the Board orCommission to submit his application for licensing, finding of suitability orregistration;

(c) Any person seeking judicial review of an action ofthe Commission which is subject to the provisions of NRS 463.315 to 463.318, inclusive; or

(d) Any person who is adversely affected by the appointmentof a supervisor pursuant to chapter 463B ofNRS.

(Added to NRS by 1977, 1417; A 1979, 787; 1981, 1087;1983, 1567; 1991, 2267; 1993, 186)

NRS 463.344 Enforcementof certain security interests against licensees.

1. A security interest in:

(a) A security issued by a corporation, partnership,limited partnership or limited-liability company which is a holder of a gaminglicense in this State;

(b) A security issued by a holding company that is nota publicly traded corporation; or

(c) A security issued by a holding company that is apublicly traded corporation, if the enforcement of the security interest willresult in the creditor acquiring control,

may not beenforced without the prior approval of the Commission and compliance with theregulations adopted by the Commission pursuant to subsection 2.

2. The Commission shall adopt regulations establishingthe procedure for the enforcement of such a security interest which areconsistent with chapter 104 of NRS. Any remedyprovided by the Commission in its regulations for the enforcement of such asecurity interest is in addition to any other remedy provided by law.

(Added to NRS by 1987, 1273; A 1991, 1011; 1993,2000)

NRS 463.345 Earlyclosing dates in certain transfers of gaming property prohibited. When any person contracts to sell or lease any property orinterest in property, real or personal, under circumstances which require theapproval or licensing of the purchaser or lessee by the Commission, thecontract shall not specify a closing date for the transaction which is earlierthan the expiration of 90 days after the submission of the completedapplication for such approval or licensing. Any provision of such a contractwhich specifies an earlier closing date is void for all purposes, but suchinvalidity does not affect the validity of any other provision of the contract.

(Added to NRS by 1969, 785)

NRS 463.3455 Provisionregarding responsibility for fees and taxes required in certain transfers ofgaming property or interest. When any personcontracts to sell or lease any property or interest in property, real orpersonal, under circumstances which require the approval or licensing of thepurchaser or lessee by the Commission, the contract must contain a provisionsatisfactory to the Commission regarding responsibility for the payment of anyfees or taxes due pursuant to any subsequent deficiency determinations made underthis chapter which encompass any period of time before the closing date of thetransaction.

(Added to NRS by 1983, 593)

NRS 463.346 Injunctions.

1. The Attorney General, at the direction of theCommission, may institute a civil action in any district court of this Stateagainst any person subject to this chapter or chapter462, 464 or 465of NRS to restrain a violation of this chapter or chapter462, 464 or 465of NRS.

2. The district court shall give priority over othercivil actions to an action brought pursuant to this section.

3. An action brought against a person pursuant to thissection does not preclude a criminal action or administrative proceedingagainst that person.

(Added to NRS by 1977, 1425; A 1991, 2268)

NRS 463.3465 Prosecutionby Attorney General of violations of gaming laws.

1. If a district attorney in whose county a violationof this chapter or of chapter 462, 463B, 464 or 465 of NRS occurs fails to file a complaint orinformation for that offense or present it to a grand jury, within 15 daysafter the Commission or Board so requests in writing, the Commission or Boardmay recommend to the Attorney General that he file a complaint or informationor present the matter to a grand jury, as the facts may warrant, and thereafterproceed as appropriate to complete the prosecution. Upon a writtenrecommendation to prosecute from the Commission or Board, the Attorney Generalmay so file the matter without leave of court and has exclusive charge of theprosecution.

2. If a district attorney declines to prosecute such aviolation after receiving a written request to do so from the Commission orBoard, he may respond in writing to the Commission or Board within the 15-dayperiod specified in subsection 1 and state the reasons why he declines.

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

NRS 463.347 Penaltyfor possession of device, equipment or material illegally manufactured, sold ordistributed. Any person who possesses anydevice, equipment or material which has been manufactured, sold or distributedin violation of NRS 463.650 is guilty ofa misdemeanor.

(Added to NRS by 1969, 652)

NRS 463.350 Gamingor employment in gaming prohibited for persons under 21.

1. A person under the age of 21 years shall not:

(a) Play, be allowed to play, place wagers at, orcollect winnings from, whether personally or through an agent, any gamblinggame, slot machine, race book, sports pool or pari-mutuel operator.

(b) Loiter, or be permitted to loiter, in or about anyroom or premises wherein any licensed game, race book, sports pool orpari-mutuel wagering is operated or conducted.

(c) Be employed as a gaming employee except in acounting room.

2. Any licensee, employee, dealer or other person whoviolates or permits the violation of any of the provisions of this section andany person, under 21 years of age, who violates any of the provisions of thissection is guilty of a misdemeanor.

3. In any prosecution or other proceeding for theviolation of any of the provisions of this section, it is no excuse for thelicensee, employee, dealer or other person to plead that he believed the personto be 21 years old or over.

[35:429:1955](NRS A 1979, 788; 1981, 1088; 1985,2139; 1989, 489; 1991, 652)

NRS 463.355 Districtattorney, sheriff and chief of police to furnish information obtained duringinvestigation or prosecution. Every district attorney,sheriff and chief of police shall furnish to the Board, on forms prepared bythe Board, all information obtained during the course of any substantialinvestigation or prosecution of any person if it appears that a violation ofany law related to gaming has occurred.

(Added to NRS by 1981, 1073)

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

1. Except as otherwise provided in subsection 2, anelectronic transfer of money from a financial institution directly to a game orgaming device may not be made with a credit card.

2. The provisions of subsection 1 do not apply to aninteractive gaming system.

(Added to NRS by 1995, 1496; A 2001, 3086)

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

(Added to NRS by 1995, 1496)

NRS 463.360 Penalties.

1. Conviction by a court of competent jurisdiction ofa person for a violation of, an attempt to violate, or a conspiracy to violateany of the provisions of this chapter or of chapter463B, 464 or 465of NRS may act as an immediate revocation of all licenses which have beenissued to the violator, and, in addition, the court may, upon application ofthe district attorney of the county or of the Commission, order that no new oradditional license under this chapter be issued to the violator, or be issuedto any person for the room or premises in which the violation occurred, for 1year after the date of the revocation.

2. A person who willfully fails to report, pay ortruthfully account for and pay over any license fee or tax imposed by theprovisions of this chapter, or willfully attempts in any manner to evade ordefeat any such license fee, tax or payment thereof is guilty of a category Cfelony and shall be punished as provided in NRS193.130. In addition to any other penalty, the court shall order the personto pay restitution.

3. Except as otherwise provided in subsection 4, aperson who willfully violates, attempts to violate, or conspires to violate anyof the provisions of subsection 1 of NRS463.160 is guilty of a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 1 year and a maximumterm of not more than 10 years, by a fine of not more than $50,000, or by bothfine and imprisonment.

4. A licensee who puts additional games or slotmachines into play or displays additional games or slot machines in a publicarea without first obtaining all required licenses and approval is subject onlyto the penalties provided in NRS 463.270and 463.310 and in any applicableordinance of the county, city or town.

5. A person who willfully violates any provision of aregulation adopted pursuant to NRS 463.125is guilty of a category C felony and shall be punished as provided in NRS 193.130.

6. The violation of any of the provisions of thischapter, the penalty for which is not specifically fixed in this chapter, is agross misdemeanor.

[36:429:1955](NRS A 1959, 452; 1967, 587, 1119;1979, 1016; 1981, 1088; 1985, 1300; 1995, 1294)

RECOVERY OF GAMING DEBTS BY PATRONS

NRS 463.361 Enforceabilityand resolution of gaming debts.

1. Except as otherwise provided in NRS 463.361 to 463.366, inclusive, and 463.780, gaming debts that are notevidenced by a credit instrument are void and unenforceable and do not giverise to any administrative or civil cause of action.

2. A claim by a patron of a licensee for payment of agaming debt that is not evidenced by a credit instrument may be resolved inaccordance with NRS 463.362 to 463.366, inclusive:

(a) By the Board; or

(b) If the claim is for less than $500, by a hearingexaminer designated by the Board.

(Added to NRS by 1983, 1846; A 1991, 929; 2001, 3086)

NRS 463.362 Resolutionof dispute as to winnings, losses or manner in which game is conducted.

1. Whenever a licensee and a patron have any disputeas to alleged winnings, alleged losses or the manner in which a game isconducted, the licensee and the patron are unable to resolve the dispute to thesatisfaction of the patron and the dispute involves:

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

(b) Less than $500, the licensee shall inform thepatron of his right to request that the Board conduct an investigation.

The Board,through an agent, shall conduct whatever investigation it deems necessary andshall determine whether payment should be made.

2. The agent of the Board shall mail written notice tothe Board, the licensee and the patron of his decision resolving the disputewithin 30 days after the date the Board first receives notification from thelicensee or a request to conduct an investigation from the patron. The failureof the agent to mail notice of his decision within the time required by thissubsection does not divest the Board of its exclusive jurisdiction over thedispute.

3. Failure of the licensee to notify the Board orinform the patron as provided in subsection 1 is grounds for disciplinaryaction pursuant to NRS 463.310 to 463.3145, inclusive.

4. The decision of the agent of the Board is effectiveon the date the aggrieved party receives notice of the decision. Notice of thedecision shall be deemed sufficient if it is mailed to the last known addressof the licensee and patron. The date of mailing may be proven by a certificatesigned by an officer or employee of the Board which specifies the time thenotice was mailed. The notice shall be deemed to have been received by thelicensee or the patron 5 days after it is deposited with the United StatesPostal Service with the postage thereon prepaid.

(Added to NRS by 1983, 1846; A 1985, 1797; 1987, 188;1989, 1264; 1991, 929, 2146; 1995, 1498)

NRS 463.363 Petitionfor hearing by Board; notice and conduct of hearing.

1. Within 20 days after the date of receipt of thewritten decision of the agent, the aggrieved party may file a petition with theBoard requesting a hearing to reconsider the decision.

2. The petition must set forth the basis of therequest for reconsideration.

3. If no petition for reconsideration is filed withinthe time prescribed in subsection 1, the decision shall be deemed final actionon the matter and is not subject to reconsideration by the Board or to reviewby the Commission or any court.

4. The party requesting the hearing must provide acopy of the petition to the other party.

5. Within 15 days after service of the petition, theresponding party may answer the allegations contained therein by filing awritten response with the Board.

6. The Board shall schedule a hearing and may conductthe hearing as provided in subsection 4 of NRS463.110, except that notice of the date, time and place of the hearing mustbe provided by the Board to both parties.

7. The hearing must be conducted in accordance withregulations adopted by the Commission.

(Added to NRS by 1983, 1846; A 1987, 188; 1989, 1265;1991, 2146)

NRS 463.364 Burdenof proof on party seeking reconsideration; decision of Board or hearingexaminer.

1. The party seeking reconsideration bears the burdenof showing that the agents decision should be reversed or modified.

2. After the hearing, the Board or the hearingexaminer may sustain, modify or reverse the agents decision. The decision bythe Board or the hearing examiner must be in writing and must include findingsof fact. A copy of the decision must be delivered or mailed forthwith to eachparty or to his attorney of record.

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

NRS 463.366 Paymentof claim after decision of Board or hearing examiner becomes final; deposit andwithdrawal of amount of claim upon judicial review.

1. Except as otherwise provided in subsection 2, alicensee shall pay a patrons claim within 20 days after the decision of theBoard or the hearing examiner directing him to do so becomes final. Failure topay within that time is grounds for disciplinary action pursuant to NRS 463.311 to 463.3145, inclusive.

2. If a licensee intends to file a petition forjudicial review of the decision pursuant to NRS463.3662 to 463.3668, inclusive,the licensee must first deposit in an interest-bearing account in a financialinstitution an amount equal to the amount in dispute. The licensee shall paythe full amount of the patrons claim, including interest, within 20 days aftera final, nonappealable order of a court of competent jurisdiction so directs.

3. The licensee may withdraw the amount deposited inthe financial institution upon:

(a) Payment of the full amount of the patrons claim,plus interest, if the licensee has given notice to the Board of the payment; or

(b) A final determination by the court that thelicensee is not required to pay the claim.

(Added to NRS by 1983, 1847; A 1987, 1275; 1991, 930)

NRS 463.3662 Judicialreview: Petition; intervention; stay of enforcement.

1. Any person aggrieved by a final decision or orderof the Board or the hearing examiner made after hearing by the Board pursuantto NRS 463.361 to 463.366, inclusive, may obtain a judicialreview thereof in the district court of the county in which the dispute betweenthe licensee and patron arose.

2. The judicial review must be instituted by filing apetition within 20 days after the effective date of the final decision ororder. The petition must set forth the order or decision appealed from and thegrounds or reasons why the petitioner contends that a reversal or modificationshould be ordered.

3. Copies of the petition must be served upon theBoard and all other parties of record, or their counsel of record, eitherpersonally or by certified mail.

4. The court, upon a proper showing, may permit otherinterested persons to intervene as parties to the appeal or as friends of thecourt.

5. The filing of the petition does not stayenforcement of the decision or order of the Board or the hearing examiner, butthe Board itself may grant a stay upon such terms and conditions as it deemsproper.

(Added to NRS by 1987, 1276; A 1989, 1265; 1991, 930)

NRS 463.3664 Judicialreview: Record on review.

1. Upon written request of petitioner and upon paymentof such reasonable costs and fees as the Board may prescribe, the completerecord on review, or such parts thereof as are designated by the petitioner,must be prepared by the Board.

2. The complete record on review must include copiesof:

(a) All pleadings in the case;

(b) All notices and interim orders issued by the Boardin connection with the case;

(c) All stipulations;

(d) The decision and order appealed from;

(e) A transcript of all testimony, evidence andproceedings at the hearing;

(f) The exhibits admitted or rejected; and

(g) Any other papers in the case.

The originalof any document may be used in lieu of a copy thereof. The record on review maybe shortened by stipulation of all parties to the review proceedings.

3. The record on review must be filed with thereviewing court within 30 days after service of the petition for review, butthe court may allow the Board additional time to prepare and transmit therecord on review.

(Added to NRS by 1987, 1276)

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

1. The reviewing court may, upon motion therefor,order that additional evidence in the case be taken by the Board or the hearingexaminer upon such terms and conditions as the court deems just and proper. Themotion must not be granted except upon a showing that the additional evidenceis material and necessary and that sufficient reason existed for failure topresent the evidence at the hearing conducted by the Board or the hearingexaminer. The motion must be supported by an affidavit of the moving party orhis counsel showing with particularity the materiality and necessity of theadditional evidence and the reason why it was not introduced in theadministrative hearing. Rebuttal evidence to the additional evidence must bepermitted. In cases in which additional evidence is presented to the Board orthe hearing examiner, the Board or the hearing examiner may modify thedecisions and orders as the additional evidence may warrant and shall file withthe reviewing court a transcript of the additional evidence together with anymodifications of the decision and order, all of which become a part of therecord on review.

2. The review must be conducted by the court sittingwithout a jury, and must not be a trial de novo but is confined to the recordon review. The filing of briefs and oral argument must be made in accordancewith the rules governing appeals in civil cases unless the local rules ofpractice adopted in the judicial district provide a different procedure.

3. The reviewing court may affirm the decision andorder of the Board or the hearing examiner, or it may remand the case forfurther proceedings or reverse the decision if the substantial rights of thepetitioner have been prejudiced because the decision is:

(a) In violation of constitutional provisions;

(b) In excess of the statutory authority orjurisdiction of the Board or the hearing examiner;

(c) Made upon unlawful procedure;

(d) Unsupported by any evidence; or

(e) Arbitrary or capricious or otherwise not inaccordance with law.

(Added to NRS by 1987, 1277; A 1991, 931, 2147)

NRS 463.3668 Judicialreview: Appeal; exclusive method of review; costs to transcribe proceedings andtransmit record.

1. Any party aggrieved by the final decision in thedistrict court after a review of the decision and order of the Board or thehearing examiner may appeal to the Supreme Court in the manner and within thetime provided by law for appeals in civil cases. The Supreme Court shall followthe same procedure thereafter as in appeals in civil actions, and may affirm,reverse or modify the decision as the record and law warrant.

2. The judicial review by the district and SupremeCourts afforded in this chapter is the exclusive method of review of anyactions, decisions and orders in hearings held pursuant to NRS 463.361 to 463.366, inclusive. Judicial review is notavailable for extraordinary common-law writs or equitable proceedings.

3. The party requesting judicial review shall bear allof the costs of transcribing the proceedings before the Board or the hearingexaminer and of transmitting the record on review.

(Added to NRS by 1987, 1277; A 1991, 931)

RECOVERY OF GAMING DEBTS BY LICENSEES

NRS 463.368 Creditinstruments: Validity; enforcement; redemption; penalties; regulations.

1. A credit instrument accepted on or after June 1,1983, and the debt that the credit instrument represents are valid and may beenforced by legal process.

2. A licensee or a person acting on behalf of alicensee may accept an incomplete credit instrument which:

(a) Is signed by a patron; and

(b) States the amount of the debt in figures,

and maycomplete the instrument as is necessary for the instrument to be presented forpayment.

3. A licensee or person acting on behalf of alicensee:

(a) May accept a credit instrument that is payable toan affiliated company or may complete a credit instrument in the name of anaffiliated company as payee if the credit instrument otherwise complies withthis subsection and the records of the affiliated company pertaining to thecredit instrument are made available to agents of the Board upon request.

(b) May accept a credit instrument either before, atthe time or after the patron incurs the debt. The credit instrument and thedebt that the credit instrument represents are enforceable without regard towhether the credit instrument was accepted before, at the time or after thedebt is incurred.

4. This section does not prohibit the establishment ofan account by a deposit of cash, recognized travelers check, or any otherinstrument which is equivalent to cash.

5. If a credit instrument is lost or destroyed, thedebt represented by the credit instrument may be enforced if the licensee orperson if acting on behalf of the licensee can prove the existence of thecredit instrument.

6. A patrons claim of having a mental or behavioraldisorder involving gambling:

(a) Is not a defense in any action by a licensee or aperson acting on behalf of a licensee to enforce a credit instrument or thedebt that the credit instrument represents.

(b) Is not a valid counterclaim to such an action.

7. Any person who violates the provisions of thissection is subject only to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure of a personto comply with the provisions of this section or the regulations of theCommission does not invalidate a credit instrument or affect the ability toenforce the credit instrument or the debt that the credit instrumentrepresents.

8. The Commission may adopt regulations prescribingthe conditions under which a credit instrument may be redeemed or presented toa bank or credit union for collection or payment.

(Added to NRS by 1983, 828; A 1985, 798; 1989, 400;1991, 817; 1995, 1499; 1999,1500)

FEES FOR STATE AND COUNTY GAMING LICENSES

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

1. Except as otherwise provided in NRS 463.373, the Commission shall chargeand collect from each licensee a license fee based upon all the gross revenueof the licensee as follows:

(a) Three and one-half percent of all the gross revenueof the licensee which does not exceed $50,000 per calendar month;

(b) Four and one-half percent of all the gross revenueof the licensee which exceeds $50,000 per calendar month and does not exceed$134,000 per calendar month; and

(c) Six and three-quarters percent of all the grossrevenue of the licensee which exceeds $134,000 per calendar month.

2. Unless the licensee has been operating for lessthan a full calendar month, the Commission shall charge and collect the feeprescribed in subsection 1, based upon the gross revenue for the precedingcalendar month, on or before the 24th day of the following month. Except forthe fee based on the first full month of operation, the fee is an estimatedpayment of the license fee for the third month following the month whose grossrevenue is used as its basis.

3. When a licensee has been operating for less than afull calendar month, the Commission shall charge and collect the fee prescribedin subsection 1, based on the gross revenue received during that month, on orbefore the 24th day of the following calendar month of operation. After thefirst full calendar month of operation, the Commission shall charge and collectthe fee based on the gross revenue received during that month, on or before the24th day of the following calendar month. The payment of the fee due for thefirst full calendar month of operation must be accompanied by the payment of afee equal to three times the fee for the first full calendar month. Thisadditional amount is an estimated payment of the license fees for the next 3calendar months. Thereafter, each license fee must be paid in the manner describedin subsection 2. Any deposit held by the Commission on July 1, 1969, must betreated as an advance estimated payment.

4. All revenuereceived from any game or gaming device which is operated on the premises of alicensee, regardless of whether any portion of the revenue is shared with anyother person, must be attributed to the licensee for the purposes of this sectionand counted as part of the gross revenue of the licensee. Any other person, including,without limitation, an operator of an inter-casino linked system, who isauthorized to receive a share of the revenue from any game, gaming device orinter-casino linked system that is operated on the premises of a licensee isliable to the licensee for that persons proportionate share of the licensefees paid by the licensee pursuant to this section and shall remit or creditthe full proportionate share to the licensee on or before the 24th day of eachcalendar month. The proportionate share of an operator of an inter-casinolinked system must be based on all compensation and other considerationreceived by the operator of the inter-casino linked system, including, withoutlimitation, amounts that accrue to the meter of the primary progressive jackpotof the inter-casino linked system and amounts that fund the reserves of such ajackpot, subject to all appropriate adjustments for deductions, credits, offsetsand exclusions that the licensee is entitled to take or receive pursuant to theprovisions of this chapter. A licensee is not liable to any other personauthorized to receive a share of the licensees revenue from any game, gamingdevice or inter-casino linked system that is operated on the premises of thelicensee for that persons proportionate share of the license fees to beremitted or credited to the licensee by that person pursuant to this section.

5. An operatorof an inter-casino linked system shall not enter into any agreement orarrangement with a licensee that provides for the operator of the inter-casinolinked system to be liable to the licensee for less than its full proportionateshare of the license fees paid by the licensee pursuant to this section,whether accomplished through a rebate, refund, charge-back or otherwise.

6. Any personrequired to pay a fee pursuant to this section shall file with the Commission,on or before the 24th day of each calendar month, a report showing the amountof all gross revenue received during the preceding calendar month. Each reportmust be accompanied by:

(a) The fee duebased on the revenue of the month covered by the report; and

(b) Anadjustment for the difference between the estimated fee previously paid for themonth covered by the report, if any, and the fee due for the actual gross revenueearned in that month. If the adjustment is less than zero, a credit must beapplied to the estimated fee due with that report.

7. If theamount of license fees required to be reported and paid pursuant to thissection is later determined to be greater or less than the amount actuallyreported and paid, the Commission shall:

(a) Charge andcollect the additional license fees determined to be due, with interest thereonuntil paid; or

(b) Refund anyoverpayment to the person entitled thereto pursuant to this chapter, withinterest thereon.

Interest pursuant to paragraph (a)must be computed at the rate prescribed in NRS17.130 from the first day of the first month following the due date of theadditional license fees until paid. Interest pursuant to paragraph (b) must becomputed at one-half the rate prescribed in NRS17.130 from the first day of the first month following the date of overpaymentuntil paid.

8. Failure topay the fees provided for in this section shall be deemed a surrender of thelicense at the expiration of the period for which the estimated payment of feeshas been made, as established in subsection 2.

9. Except asotherwise provided in NRS 463.386, theamount of the fee prescribed in subsection 1 must not be prorated.

10. Except asotherwise provided in NRS 463.386, if alicensee ceases operation, the Commission shall:

(a) Charge andcollect the additional license fees determined to be due with interest computedpursuant to paragraph (a) of subsection 7; or

(b) Refund anyoverpayment to the licensee with interest computed pursuant to paragraph (b) ofsubsection 7,

based upon the gross revenue of thelicensee during the last 3 months immediately preceding the cessation ofoperation, or portions of those last 3 months.

11. If in anymonth, the amount of gross revenue is less than zero, the licensee may offsetthe loss against gross revenue in succeeding months until the loss has beenfully offset.

12. If in any month, the amount of the license fee dueis less than zero, the licensee is entitled to receive a credit against anylicense fees due in succeeding months until the credit has been fully offset.

[Part 10e:99:1931; added 1945, 492; A 1947, 734;1949, 114; 1955, 760](NRS A 1959, 452; 1965, 1034; 1967, 180, 674, 821, 886,1082; 1969, 187, 403, 824; 1975, 689, 1143; 1981, 569, 1089; 1983, 216; 1987,546, 548; 1989, 1158; 1991, 675, 932; 1993, 312; 1995, 204, 759, 763; 1999, 954; 2001, 3086; 2003, 20thSpecial Session, 209)

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

1. For the purposes of this chapter, except asotherwise provided in subsection 3, the computation of gross revenue mustinclude the face value of any credit instrument accepted on or after July 1,1981, if, within 5 years after the last day of the month following the month inwhich the instrument was accepted by the licensee, the Board determines that:

(a) The instrument was not signed by the patron orotherwise acknowledged by him in a written form satisfactory to the Board;

(b) The licensee did not have an address for the patronat the time of accepting the instrument, or, in lieu of that address, has notprovided the Board, within a reasonable time after its request, the currentaddress of the patron to whom the credit was extended;

(c) The licensee has not provided the Board anyevidence that the licensee made a reasonable effort to collect the debt;

(d) The licensee has not provided the Board anyevidence that the licensee checked the credit history of the patron before extendingthe credit to him;

(e) The licensee has not produced the instrument withina reasonable time after a request by the Board for the instrument unless it:

(1) Is in the possession of a court,governmental agency or financial institution;

(2) Has been returned to the patron upon hispartial payment of the instrument;

(3) Has been stolen and the licensee has made awritten report of the theft to the appropriate law enforcement agency; or

(4) Cannot be produced because of any othercircumstance which is beyond the licensees control;

(f) The signature of the patron on the instrument wasforged and the licensee has not made a written report of the forgery to theappropriate law enforcement agency; or

(g) Upon an audit by the Board, the licensee requestedthe auditors not to confirm the unpaid balance of the debt with the patron andthere is no other satisfactory means of confirmation.

2. For the purposes of this chapter, the computationof gross revenue must not include cash or its equivalent which is received infull or partial payment of a debt previously included in the computation ofgross revenue pursuant to subsection 1.

3. Subsection 1 does not apply to any creditinstrument which is settled for less than its face amount to:

(a) Induce a partial payment;

(b) Compromise a dispute;

(c) Retain a patrons business for the future; or

(d) Obtain a patrons business if:

(1) An agreement is entered into to discount theface amount of a credit instrument before it is issued to induce timely paymentof the credit instrument; and

(2) The percentage of discount of the instrumentis reasonable as compared to the prevailing practice in the industry.

(Added to NRS by 1981, 1542; A 1983, 829; 1987, 396,1234, 1235)

NRS 463.3715 Computationof gross revenue: Items which may be deducted.

1. In calculating gross revenue, any prizes, premiums,drawings, benefits or tickets that are redeemable for money or merchandise orother promotional allowance, except money or tokens paid at face value directlyto a patron as the result of a specific wager, must not be deducted as lossesfrom winnings at any game except a slot machine.

2. In calculating gross revenue, the amount of cashpaid to fund periodic payments may be deducted as losses from winnings for anygame.

3. In calculating gross revenue from slot machines,keno and bingo, the actual cost to the licensee of any personal propertydistributed to a patron as the result of a specific legitimate wager may bededucted as a loss, but not travel expenses, food, refreshments, lodging orservices.

4. In calculating gross revenue from bingo, a licenseewho provides a patron with additional play at bingo as the result of an initialwager may deduct as losses from winnings all money or tokens paid directly tothat patron as a result of such additional play.

5. In calculating gross revenue, a licensee may deductits pro rata share of a payout from a game played in an inter-casino linkedsystem except for a payout made in conjunction with a card game. The amount ofthe deduction must be determined based upon the written agreement among thelicensed gaming establishments participating in the inter-casino linked systemand the operator of the system. All cash prizes and the value of noncash prizesawarded during a contest or tournament conducted in conjunction with aninter-casino linked system are also deductible on a pro rata basis to theextent of the compensation received for the right to participate in thatcontest or tournament. The deductions may be taken only by those participatinglicensed gaming establishments that held an active gaming license at any timeduring the month in which the payout was awarded.

(Added to NRS by 1981, 1073; A 1985, 804, 2146; 1987,90; 1991, 533; 1995, 761, 1500)

NRS 463.3717 Compilationof information concerning gross revenue reported by licensees; summary ofcompiled information available for public review. TheBoard shall:

1. Compile the information concerning gross revenuereported by licensees pursuant to NRS463.370; and

2. Immediately make available to the public a summaryof the compiled information.

(Added to NRS by 2003, 1169)

NRS 463.372 Slotmachines: Counting for purposes of administering quarterly fee and annual taxesand fees. For purposes of administering thequarterly state license fee imposed by NRS463.373, the annual state license fees imposed by NRS 463.375 and 463.3855, and the annual tax imposed by NRS 463.385, the Commission shall prescribeby regulation the manner of counting slot machines whose operations are relatedto one another.

(Added to NRS by 1969, 616; A 1979, 1737; 1983, 1336)

NRS 463.373 Quarterlyfee for state license for restricted operation.

1. Before issuing a state gaming license to anapplicant for a restricted operation, the Commission shall charge and collectfrom him for each slot machine for each quarter year:

(a) A license fee of $81 for each slot machine if hewill have at least 1 but not more than 5 slot machines.

(b) A license fee of $405 plus $141 for each slotmachine in excess of 5 if he will have at least 6 but not more than 15 slotmachines.

2. The Commission shall charge and collect the feeprescribed in subsection 1:

(a) On or before the last day of the last month in acalendar quarter, for the ensuing calendar quarter, from a licensee whoseoperation is continuing.

(b) In advance from a licensee who begins operation orputs additional slot machines into play during a calendar quarter.

3. Except as otherwise provided in NRS 463.386, no proration of the fee prescribedin subsection 1 may be allowed for any reason.

4. The operator of the location where slot machinesare situated shall pay the fee prescribed in subsection 1 upon the total numberof slot machines situated in that location, whether or not the machines areowned by one or more licensee-owners.

(Added to NRS by 1967, 818; A 1969, 188; 1973, 389;1981, 570, 571, 1091; 1983, 1336; 1987, 1860; 1993, 1444; 2003, 20thSpecial Session, 211)

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

1. In addition to any other state gaming license feesprovided for in this chapter, before issuing a state gaming license to anapplicant for a nonrestricted operation, the Commission shall charge andcollect from the applicant a license fee of $80 for each slot machine for eachcalendar year.

2. The Commission shall charge and collect the feeprescribed in subsection 1, at the rate of $20 for each slot machine for eachcalendar quarter:

(a) On or before the last day of the last month in acalendar quarter, for the ensuing calendar quarter, from a licensee whoseoperation is continuing.

(b) In advance from a licensee who begins operation orputs additional slot machines into play during a calendar quarter.

3. Except as provided in NRS 463.386, no proration of the quarterlyamount prescribed in subsection 2 may be allowed for any reason.

4. The operator of the location where slot machinesare situated shall pay the fee prescribed in subsection 1 upon the total numberof slot machines situated in that location, whether the machines are owned byone or more licensee-owners.

5. Any other person, including, without limitation, anoperator of an inter-casino linked system, who is authorized to receive a shareof the revenue from any slot machine that is operated on the premises of alicensee is liable to the licensee for that persons proportionate share of thelicense fees paid by the licensee pursuant to this section and shall remit orcredit the full proportionate share to the licensee on or before the dates setforth in subsection 2. A licensee is not liable to any other person authorizedto receive a share of the licensees revenue from any slot machine that isoperated on the premises of a licensee for that persons proportionate share ofthe license fees to be remitted or credited to the licensee by that personpursuant to this section.

(Added to NRS by 1967, 883; A 1969, 189; 1973, 390;1981, 571, 1092; 1999,956)

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

1. In addition to any other state gaming license feesprovided for in this chapter, the Commission shall, before issuing a stategaming license, charge and collect in advance from each applicant a license feeto be determined on the following basis:

 

Thoseestablishments operating or to operate one game, the sum of $100.

Thoseestablishments operating or to operate two games, the sum of $200.

Thoseestablishments operating or to operate three games, the sum of $400.

Thoseestablishments operating or to operate four games, the sum of $750.

Thoseestablishments operating or to operate five games, the sum of $1,750.

Thoseestablishments operating or to operate six or seven games, the sum of $3,000.

Thoseestablishments operating or to operate 8, 9 or 10 games, the sum of $6,000.

Thoseestablishments operating or to operate 11, 12 or 13 games, the sum of $650 foreach game so operating or to operate.

Thoseestablishments operating or to operate 14, 15 or 16 games, the sum of $1,000for each game so operating or to operate.

Thoseestablishments operating or to operate more than 16 games, the sum of $1,000for each game to and including 16 games and the sum of $200 for each game inexcess of 16 games so operating or to operate.

 

2. In computing the number of games operated or to beoperated by an applicant under this section, a license authorizing thereceiving of bets or wagers on races held at a track which uses the pari-mutuelsystem of wagering located outside of the State of Nevada, or on sportingevents by any system or method of wagering other than the system known as thepari-mutuel method of wagering, shall be deemed a game within the meaning ofthis section.

3. All licenses must be issued for the calendar yearbeginning January 1 and expiring December 31. If the operation of the licenseeis continuing, the Commission shall charge and collect the fee prescribed insubsection 1 on or before December 31 for the ensuing calendar year. If theoperation is new or has been temporarily closed with the approval of the Board,the Commission shall prorate the license fee on a monthly basis. If anylicensee desires to enlarge his operations during the calendar year, he must,after his application is approved, be charged the full annual fees for thenumber of games for which he desires a license under this section, and isentitled to credit thereon for the annual fee he may have previously paid underthis section for the same calendar year for a lesser number of games.

4. Card games, that is, stud or draw poker, bridge,whist, solo, low ball, and panguingui for money, and slot machines, when notutilized as an adjunct to or a unit of any banking, percentage or mechanicaldevice or machine, are not gambling games under the provisions of this section.

5. All games operated or conducted in one room or agroup of rooms in the same or a contiguous building are considered oneoperation under this section, and the license to be paid must be determined onthe aggregate number of games in each room or group of rooms in the same or acontiguous building.

6. Except as otherwise provided in this section and NRS 463.386, the amount of the feespecified in subsection 1 must not be prorated.

[Part 10ee:99:1931; added 1947, 734; A 1949, 114;1955, 760](NRS A 1957, 783; 1959, 453; 1965, 1035; 1967, 181, 675, 887; 1969,189; 1975, 690; 1979, 1016; 1981, 1093; 1987, 632, 2261)

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

1. In addition to any other state gaming license feesprovided for in this chapter, the Commission shall, before issuing a stategaming license, charge and collect from each applicant a quarterly license feeto be determined on the basis of the following annual rates:

(a) From establishments operating or to operate 10games or less:

 

Thoseestablishments operating or to operate one game, the sum of $50.

Thoseestablishments operating or to operate two games, the sum of $100.

Thoseestablishments operating or to operate three games, the sum of $200.

Thoseestablishments operating or to operate four games, the sum of $375.

Thoseestablishments operating or to operate five games, the sum of $875.

Thoseestablishments operating or to operate six or seven games, the sum of $1,500.

Thoseestablishments operating or to operate 8, 9 or 10 games, the sum of $3,000.

 

(b) From establishments operating or to operate morethan 10 games:

 

(1) For each game up to and including 16 games,the sum of $500.

(2) For each game from 17 to 26 games,inclusive, the sum of $4,800.

(3) For each game from 27 to 35 games,inclusive, the sum of $2,800.

(4) For each game more than 35 games, the sum of$100.

 

2. The Commission shall charge and collect the feeprescribed in subsection 1, at the rate of one-fourth of the prescribed annualrate for each calendar quarter:

(a) On or before the last day of the last month in acalendar quarter, for the ensuing calendar quarter, from a licensee whoseoperation is continuing.

(b) In advance from a licensee who begins operation orputs additional games into play during a calendar quarter.

3. Except as otherwise provided in NRS 463.386, no proration of the quarterlyamount prescribed in subsection 2 may be allowed for any reason.

4. In computing the number of games operated or to beoperated by an applicant under this section, a license authorizing thereceiving of bets or wagers on races held at a track which uses the pari-mutuelsystem of wagering located outside of the State of Nevada or on sporting eventsby any system or method of wagering other than the system known as thepari-mutuel method of wagering, shall be deemed a game within the meaning ofthis section.

5. Card games, that is, stud or draw poker, bridge,whist, solo, low ball, and panguingui for money, and slot machines, when notutilized as an adjunct to or a unit of any banking, percentage or mechanicaldevice or machine, are not gambling games under the provisions of this section.

6. All games operated or conducted in one room or agroup of rooms in the same or a contiguous building are considered oneoperation and the license to be paid must be determined on the aggregate numberof games in each room or group of rooms in the same or a contiguous building.

(Added to NRS by 1967, 883; A 1969, 191; 1973, 390;1975, 691; 1979, 1018; 1981, 1094; 1987, 633)

NRS 463.385 Annualexcise tax upon slot machines: Imposition; collection; proportionate share ofoperator of inter-casino linked system and other persons; deposit and use ofreceipts.

1. In additionto any other license fees and taxes imposed by this chapter, there is herebyimposed upon each slot machine operated in this State an annual excise tax of$250. If a slot machine is replaced by another, the replacement is notconsidered a different slot machine for the purpose of imposing this tax.

2. TheCommission shall:

(a) Collect thetax annually on or before June 30, as a condition precedent to the issuance ofa state gaming license to operate any slot machine for the ensuing fiscal yearbeginning July 1, from a licensee whose operation is continuing.

(b) Collect thetax in advance from a licensee who begins operation or puts additional slotmachines into play during the fiscal year, prorated monthly after July 31.

(c) Include theproceeds of the tax in its reports of state gaming taxes collected.

3. Any otherperson, including, without limitation, an operator of an inter-casino linkedsystem, who is authorized to receive a share of the revenue from any slotmachine that is operated on the premises of a licensee is liable to thelicensee for that persons proportionate share of the license fees paid by thelicensee pursuant to this section and shall remit or credit the fullproportionate share to the licensee on or before the dates set forth insubsection 2. A licensee is not liable to any other person authorized toreceive a share of the licensees revenue from any slot machine that isoperated on the premises of a licensee for that persons proportionate share ofthe license fees to be remitted or credited to the licensee by that personpursuant to this section.

4. TheCommission shall pay over the tax as collected to the State Treasurer to bedeposited to the credit of the State Distributive School Account in the StateGeneral Fund, and the Capital Construction Fund for Higher Education and theSpecial Capital Construction Fund for Higher Education, which are hereby createdin the State Treasury as special revenue funds, in the amounts and to beexpended only for the purposes specified in this section.

5. During eachfiscal year, the State Treasurer shall deposit the tax paid over to him by theCommission as follows:

(a) The first$5,000,000 of the tax in the Capital Construction Fund for Higher Education;

(b) Twentypercent of the tax in the Special Capital Construction Fund for HigherEducation; and

(c) Theremainder of the tax in the State Distributive School Account in the StateGeneral Fund.

6. There is hereby appropriated from the balance inthe Special Capital Construction Fund for Higher Education on July 31 of eachyear the amount necessary to pay the principal and interest due in that fiscalyear on the bonds issued pursuant to section 5 of chapter 679, Statutes ofNevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251,the bonds authorized to be issued by section 2 of chapter 643, Statutes ofNevada 1987, at page 1503, the bonds authorized to be issued by section 2 ofchapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to beissued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, andthe bonds authorized to be issued by section 2 of chapter 629, Statutes ofNevada 1997, at page 3106. If in any year the balance in that fund is notsufficient for this purpose, the remainder necessary is hereby appropriated onJuly 31 from the Capital Construction Fund for Higher Education. The balanceremaining unappropriated in the Capital Construction Fund for Higher Educationon August 1 of each year and all amounts received thereafter during the fiscalyear must be transferred to the State General Fund for the support of highereducation. If bonds described in this subsection are refunded and if the amountrequired to pay the principal of and interest on the refunding bonds in anyfiscal year during the term of the bonds is less than the amount that wouldhave been required in the same fiscal year to pay the principal of and theinterest on the original bonds if they had not been refunded, there is appropriatedto the Nevada System of Higher Education an amount sufficient to pay theprincipal of and interest on the original bonds, as if they had not been refunded.The amount required to pay the principal of and interest on the refunding bondsmust be used for that purpose from the amount appropriated. The amount equal tothe saving realized in that fiscal year from the refunding must be used by theNevada System of Higher Education to defray, in whole or in part, the expensesof operation and maintenance of the facilities acquired in part with theproceeds of the original bonds.

7. After the requirements of subsection 6 have beenmet for each fiscal year, when specific projects are authorized by theLegislature, money in the Capital Construction Fund for Higher Education andthe Special Capital Construction Fund for Higher Education must be transferredby the State Controller and the State Treasurer to the State Public Works Boardfor the construction of capital improvement projects for the Nevada System ofHigher Education, including, but not limited to, capital improvement projectsfor the community colleges of the Nevada System of Higher Education. As used inthis subsection, construction includes, but is not limited to, planning,designing, acquiring and developing a site, construction, reconstruction,furnishing, equipping, replacing, repairing, rehabilitating, expanding andremodeling. Any money remaining in either Fund at the end of a fiscal year doesnot revert to the State General Fund but remains in those Funds for authorizedexpenditure.

8. The moneydeposited in the State Distributive School Account in the State General Fundunder this section must be apportioned as provided in NRS 387.030 among the several schooldistricts and charter schools of the State at the times and in the mannerprovided by law.

9. The Board of Regents of the University of Nevadamay use any money in the Capital Construction Fund for Higher Education and theSpecial Capital Construction Fund for Higher Education for the payment ofinterest and amortization of principal on bonds and other securities, whetherissued before, on or after July 1, 1979, to defray in whole or in part thecosts of any capital project authorized by the Legislature.

(Added to NRS by 1967, 874; A 1971, 168; 1973, 909;1975, 692; 1977, 1033; 1979, 1738, 1739; 1983, 515, 516, 1364, 1365; 1987, 423,1501, 1504; 1989, 314, 1375; 1991, 1911, 2380; 1993, 407, 584; 1997, 3104; 1999, 957, 1423, 3320; 2005, 369)

NRS 463.3855 Annualfee for license for operator of slot machine route, mobile gaming system orinter-casino linked system.

1. In addition to any other state license fees imposedby this chapter, the Commission shall, before issuing a state gaming license toan operator of a slot machine route, an operator of a mobile gaming system oran operator of an inter-casino linked system, charge and collect from him anannual license fee of $500.

2. Each such license must be issued for a calendaryear beginning January 1 and ending December 31. If the operation of thelicensee is continuing, the Commission shall charge and collect the fee on orbefore December 31 for the ensuing calendar year.

3. Except as otherwise provided in NRS 463.386, the fee to be charged andcollected under this section is the full annual fee, without regard to the dateof application for or issuance of the license.

(Added to NRS by 1983, 1332; A 1995, 761; 2005, 719)

NRS 463.3856 Annualfee for license for operator of information service; collection.

1. The Commissionshall, before issuing a state gaming license to an operator of an informationservice, charge and collect an annual fee of $6,000.

2. Each such license must be issued for a calendaryear beginning on January 1 and ending on December 31. If the operation of thelicensee is continuing, the Commission shall charge and collect the fee on orbefore December 31 for the ensuing calendar year.

3. Except as otherwise provided in NRS 463.386, the fee to be charged andcollected pursuant to this section is the full annual fee, without regard tothe date of application for or issuance of the license.

(Added to NRS by 1997, 1117)

NRS 463.3857 Feesfrom licensee who concludes gaming operation: Final fee based on totaloutstanding value of collectible credit instruments; monthly fee based on allcompensation received in payment of credit instrument; calculation andcollection of monthly fee; security required for payment of monthly fee.

1. Except as otherwise provided in NRS 463.386, the Commission shall chargeand collect from each licensee who concludes a gaming operation:

(a) A fee, to be included on the final tax return atthe close of operations and derived from application of the rates and monetarylimits set forth in NRS 463.370, basedon the total outstanding value of collectible credit instruments received as aresult of that gaming operation which are held by the licensee and remainunpaid on the last tax day; or

(b) A monthly fee on all cash or other compensationreceived by the licensee or any affiliate of the licensee in payment of anycredit instrument received as a result of that gaming operation which is heldby the licensee or any affiliate of the licensee and remains unpaid on the lasttax day.

2. The monthly fee must be:

(a) Calculated by applying to the amount of cash orother compensation received in payment of a credit instrument during the montha rate derived from the application of the rates and monetary limits set forthin NRS 463.370 to the licensees experiencein receiving payment of credit instruments before concluding gaming operations;and

(b) Collected and refunded pursuant to the regulationsadopted by the Commission.

3. To secure payment of the monthly fee, the licenseemust make a cash deposit or post and maintain a surety bond or other acceptableform of security with the Commission in an amount determined by applying therate derived pursuant to paragraph (a) of subsection 2 to the value of allcollectible credit instruments.

4. As used in this section:

(a) Last tax day means the last day for which alicensee is legally obligated to pay the fees imposed pursuant to NRS 463.370.

(b) Value of all collectible credit instruments meansthe amount of cash or other compensation the licensee may reasonably expect toreceive in payment of unpaid credit instruments after conclusion of his gamingoperation, taking into account all relevant factors.

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

NRS 463.386 Creditfor prepaid fees for license upon transfer of corporate gaming operations.

1. If the Commission approves the issuance of alicense for gaming operations at the same location, or locations if the licenseis for the operation of a slot machine route, within 30 days following a changedescribed in subsection 2, for the purposes of NRS 463.370 and 463.373 to 463.3855, inclusive, the gaming licenseshall be deemed transferred and the previously licensed operation shall bedeemed a continuing operation.

2. Credit must be granted for prepaid license fees asdescribed in subsection 1 if:

(a) The securities of a corporate gaming licensee areor become publicly held or publicly traded and the gaming operations of thatcorporation are transferred to a wholly owned subsidiary corporation;

(b) A corporate gaming licensee is merged with anothercorporation which is the surviving entity and at least 80 percent of thesurviving entity is owned by shareholders of the former licensee;

(c) A corporate gaming licensee is dissolved, and theparent corporation of the dissolved corporation or a subsidiary corporation ofthe parent corporation, at least 80 percent of which is owned by the parentcorporation, becomes the gaming licensee;

(d) A corporate gaming licensee or a gaming licenseewhich is a partnership or limited partnership is reorganized pursuant to a planof reorganization approved by the Commission, and a limited partnership orlimited-liability company is the surviving entity;

(e) The assets of a gaming licensee who is a soleproprietorship are transferred to:

(1) A corporation and at least 80 percent of thestock of the corporation is held by the former sole proprietor; or

(2) A limited-liability company and at least 80percent of the interests in the limited-liability company are held by theformer sole proprietor;

(f) A corporate gaming licensee is dissolved and theassets of the gaming establishment are transferred to:

(1) A sole proprietorship in which the soleproprietor owned at least 80 percent of the stock of the former corporation; or

(2) A limited-liability company in which atleast 80 percent of the interests are owned by a person who owned at least 80percent of the stock of the former corporation;

(g) A licensed gaming partnership or limitedpartnership is dissolved and the assets of the gaming establishment aretransferred to a sole proprietorship in which the sole proprietor owned atleast 80 percent of the former partnership or limited partnership interests;

(h) The assets of a gaming licensee who is a soleproprietorship are transferred to a partnership or limited partnership in whichat least 80 percent of the ownership of the partnership or limited partnership interestsare held by the former sole proprietor;

(i) A licensed gaming partnership, limited partnershipor limited-liability company is dissolved and the assets of the gamingestablishment are transferred to a corporation, at least 80 percent of the stockof which is held by persons who held interests in the former partnership,limited partnership or limited-liability company;

(j) A licensed gaming partnership or limitedpartnership is dissolved or reorganized and the assets of the gamingestablishment are transferred to a partnership, limited partnership orlimited-liability company, at least 80 percent of the ownership of which isheld by the former partnership interests; or

(k) A trustee, receiver, assignee for the benefit of acreditor or a fiduciary is approved to continue the operation of a licensedestablishment and the Commission deems the operation to continue pursuant tothe existing license of the establishment.

3. Except as otherwise provided in this section, nocredit or refund of fees or taxes may be made because a gaming establishmentceases operation.

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

NRS 463.387 Refundof excessive state fees or taxes paid; procedure; interest; time within whichclaim for refund must be filed.

1. Stategaming license fees or taxes paid in excess of the amount required to bereported and paid may be refunded, upon the approval of the Commission, asother claims against the State are paid.

2. Within 90days after the mailing of the notice of the Commissions action upon a claimfor refund filed pursuant to this chapter, the claimant may bring an actionagainst the Commission on the grounds set forth in the claim in any court ofcompetent jurisdiction for the recovery of the whole or any part of the amountwith respect to which the claim has been disallowed.

3. Failure tobring an action within the time specified in subsection 2 constitutes a waiverof any demand against the State on account of alleged overpayments.

4. Within 20days after the mailing of the notice of the Commissions action upon a claimfor refund filed pursuant to this chapter, the claimant may file a motion forrehearing with the Commission. The Commission must take action on the motionfor rehearing within 50 days after it has been filed with the Commission. Ifthe motion for rehearing is granted, the Commissions earlier action upon theclaim for refund is rescinded and the 90-day period specified in subsection 2does not begin until the Commission mails notice of its action upon the claimfollowing the rehearing.

5. If theCommission fails to mail its notice of action on a claim within 6 months afterthe claim is filed or reheard, the claimant may consider the claim disallowedand bring an action against the Commission on the grounds set forth in theclaim for the recovery of the whole or any part of the amount claimed as an overpayment.

6. In any casewhere a refund is granted, interest must be allowed at one-half the rateprescribed in NRS 17.130 upon the amountfound to have been erroneously paid from the first day of the first monthfollowing the date of overpayment until paid. The Commission may in itsdiscretion deny or limit the payment of interest if it finds that the claimanthas failed to file a claim for a refund within 90 days after receiving writtennotification of overpayment from the Board or has impeded the Boards abilityto process the claim in a timely manner.

7. Notwithstandingthe provisions of NRS 353.115, any claimfor refund of state gaming license fees or taxes paid in excess of the amountrequired to be reported and paid must be filed with the Commission within 5years after the date of overpayment and not thereafter.

8. The provisions of this chapter must not beconstrued to permit the proration of state gaming taxes or license fees forpurposes of a refund.

(Added to NRS by 1969, 913; A 1975, 693, 1143; 1977,1406; 1981, 1097; 1991, 933; 1995, 205; 1999, 3175; 2001, 3088)

NRS 463.388 Determinationof deficiency: Recomputation or estimate of taxes or fees; accrual of intereston unpaid taxes; offsetting overpayments; refund of excess.

1. If any person fails to make a report of the statelicense fees or taxes as required by this chapter, or if the Board is notsatisfied with the report of the state license fees or taxes required to bepaid to the State pursuant to this chapter by any person, the Board may computeand determine the amount required to be paid upon the basis of:

(a) The facts contained in the report, if any;

(b) An audit conducted by the Board;

(c) An estimate of the amount of taxes or fees duepursuant to the provisions of this chapter;

(d) Any information within its possession or that maycome into its possession; or

(e) Any combination of the methods described inparagraphs (a) to (d), inclusive.

2. Any interest on the tax unpaid by reason of acredit instrument that is the subject of a determination by the Board pursuantto NRS 463.371 accrues from the firstday of the second month following the month in which the action or omission onwhich the determination is based occurred.

3. In making such a determination, the Board mayoffset overpayments and interest due thereon against underpayments and interestor penalties due thereon for the period of the audit.

4. If overpayments and interest thereon exceedunderpayments, penalties and interest thereon, the excess must be refunded tothe licensee except where otherwise expressly provided.

(Added to NRS by 1977, 1403; A 1981, 1097, 1544;1987, 397; 1997, 3503)

NRS 463.3881 Determinationof deficiency: Notice.

1. The Board shall give written notice of its determinationpursuant to NRS 463.388 to the licenseeor other person responsible for the payment of the license fee or tax.

2. The notice may be served by sending it by certifiedmail, addressed to the licensee or other person at the licensed location as itappears in the records of the Commission.

3. Except in the case of fraud or intent to evade thepayment of any fee or tax imposed by this chapter, every notice of adetermination of deficiency must be mailed within 5 years after the last day ofthe calendar month following the applicable reporting period in which thedeficiency occurred or within 5 years after the report is filed by thelicensee, whichever period expires later.

4. If, before the expiration of the time prescribed inthis section for the mailing of a notice of a determination of deficiency, thelicensee has consented in writing to the mailing of the notice after that time,the notice may be mailed at any time before the expiration of the period agreedupon. The period so agreed upon may be extended by subsequent agreements inwriting before the expiration of the period previously agreed upon.

5. If the reasons for the deficiency are not apparent,the Board shall include a brief explanation of those reasons in the notice of adetermination of deficiency.

(Added to NRS by 1977, 1404; A 1981, 1098; 1987, 289;1991, 934)

NRS 463.3882 Determinationof deficiency: Lien.

1. Upon the expiration of 30 days after the service ofnotice of a deficiency determination, the amount of license fees or taxes due,together with all interest and penalties, constitutes a lien on any right,title or interest in all real and personal property where the gamingestablishment is located, or that is directly connected with gaming, which isin the State and owned by the person against whom the determination has beenmade unless he files a petition for a redetermination which complies with theprovisions of NRS 463.3883.

2. If a proper petition for a redetermination isfiled, any amount due pursuant to a final order or decision upon the petitionfor redetermination constitutes a lien on all such property within the Stateowned by the debtor upon service of the final order or decision.

3. The filing of a petition for judicial review doesnot affect the lien or stay any action for the enforcement of the lien. If theamount due is modified upon review, the Commission shall record a notice of themodification of the amount of the lien.

4. A debtor continues to be responsible for adeficiency determination although he is no longer licensed pursuant to thischapter.

5. A lien created pursuant to this section isperfected upon the recording of a notice of the lien with the Secretary ofState and the county recorder of the county within which the establishmentsubject to the lien is located. The lien has priority over any other lienexcept a previously recorded lien and continues for 5 years from the date it isrecorded unless it is sooner discharged.

6. Within 5 years after the recording of the lien orwithin 5 years after its most recent extension, the lien may be extended byrecording a notice that it remains unsatisfied with the Secretary of State andthe county recorder of the county within which the establishment subject to thelien is located. Upon this recording, the existence of the lien is extended 5years unless sooner released or otherwise discharged.

7. The lien is discharged upon:

(a) Payment or cancellation of the underlying debt; or

(b) The conveyance to the State of property whichsatisfied the underlying debt.

(Added to NRS by 1981, 1071)

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

1. Any person against whom a determination is madepursuant to NRS 463.388 may petition theCommission for a redetermination within 30 days after service of notice of thedetermination upon him. If a petition for redetermination satisfying therequirements of subsection 3 is not filed within 30 days, the determinationbecomes final at the expiration of the period.

2. If a petition for redetermination satisfying therequirements of subsection 3 is filed within the 30-day period, the Commissionshall reconsider the determination and, if the petitioner has so requested,shall grant the petitioner a hearing.

3. A petition for redetermination must:

(a) Specify the contested portions of the determinationof deficiency;

(b) Specify the grounds for redetermination;

(c) State whether a hearing is requested; and

(d) Be accompanied by payment in full of theuncontested portion of the determination, including any interest and penalties.

4. An order or decision of the Commission upon apetition for redetermination is final 10 days after service upon thepetitioner.

5. A petitioner against whom an order or decision ofthe Commission has become final may, within 60 days after it becomes final,petition for judicial review in the manner provided by NRS 463.315 to 463.318, inclusive. The Board may not petitionfor judicial review.

(Added to NRS by 1977, 1404; A 1981, 1098; 1987, 398;1991, 2147)

NRS 463.389 Remediesof State are cumulative. The remedies of theState for the collection and payment of license fees, taxes, penalties andinterest provided for in this chapter are cumulative and any action taken bythe Commission or the Attorney General does not constitute an election by theState to pursue any remedy to the exclusion of any other remedy for whichprovision is made in this chapter.

(Added to NRS by 1977, 1404)

NRS 463.390 Quarterlyfee for county license; penalty for late payment.

1. Any natural person, firm, association, corporation,partnership, limited partnership or limited-liability company desiring toconduct, operate or carry on any gambling game, slot machine or any game ofchance must, upon proper application to the sheriff if there is no countylicense department or to that department of the county wherein it is proposedthat the slot machine, game or games be conducted or operated, be issued alicense for each particular device or game or slot machine under the followingconditions and regulations:

(a) The natural person, firm, association, corporation,partnership, limited partnership or limited-liability company so applying mustfurnish a complete description of the particular room and premises in which theapplicant desires to carry on or conduct the slot machine, device or game,together with the location of the building, its street number, if any, and anyother information by which it may be definitely and readily located andrecognized.

(b) The applicant must state definitely the particulartype of slot machine or the particular game or device which the applicantdesires to carry on or conduct in the room and premises, and the slot machine,game or device must be specifically described in and entered upon the license.

(c) Card games, that is, stud and draw poker, bridge,whist, solo, and panguingui for money, must be licensed independently of othergames mentioned in this section, regardless of locality or population, at therate of $25 per table per month, payable at the time of the applicationprorated to the end of the calendar quarter during which the application ismade, and thereafter payable 3 months in advance.

(d) A license fee of $50 per month, payable at the timeof the application prorated to the end of the calendar quarter during which theapplication is made, and thereafter payable for 3 months in advance, must bepaid to the sheriff or county license department for each license issued for agame or device except for slot machines and games as otherwise provided for inthis section. For each money slot machine the license fee is $10 per month,payable at the time of the application prorated to the end of the calendarquarter during which the application is made, and thereafter payable for 3months in advance. When a combination of units are operated by one handle, thelicense fee is $10 per month, payable at the time of the application proratedto the end of the calendar quarter during which the application is made, andthereafter payable for 3 months in advance, for each unit paying in identicaldenominations operated thereby.

(e) The license entitles the holder to carry on oroperate the specific slot machine, game or device for which the license isissued in the particular room and premises described therein, but not any otherslot machine, game or device than that specified therein, or the specified slotmachine, game or device in any other place than the room and premises sodescribed, for a period of 3 months next succeeding the date of issuance of thelicense.

2. The licensee is entitled to operate two or moreslot machines, games or devices in the same room by paying the license feeprovided for in this section for each slot machine, game or device andotherwise complying with the terms of this section.

3. Except as otherwise provided in subsection 4 or NRS 463.400, any person failing to pay anylicense fees due to a county at the times respectively provided in this chaptermust pay in addition to the license fees a penalty of not less than $50 or 25percent of the amount due, whichever is the greater, but not more than $1,000if the fees are less than 10 days late and in no case more than $5,000. Thepenalty must be collected as are other charges, license fees and penaltiesunder this chapter.

4. A county may waive all or part of any penalty duepursuant to subsection 3 if the board of county commissioners issues a writtenfinding that the license fees were not paid in a timely manner as a result ofcircumstances beyond the licensees control.

5. Where the operator of a slot machine route iscontractually responsible for the payment of license fees for a particularestablishment which holds a restricted license, the operator is alsoresponsible for the payment of any penalties imposed for late payment of thoselicense fees. In such a case, the owner of the establishment is not responsiblefor the payment of any penalties so imposed.

[2:99:1931; A 1939, 95; 1931 NCL 3302.01] + [Part10ee:99:1931; added 1947, 734; A 1949, 114; 1955, 760](NRS A 1959, 454; 1967,1037, 1373; 1969, 192; 1979, 739, 1405; 1991, 617; 1993, 2002)

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

1. The license fee or tax imposed by a localgovernment for conducting, carrying on or operating any gambling game, slotmachine or other game of chance must not exceed:

(a) The amount, if charged per person, establishment,game or machine; or

(b) The rate, if charged according to revenue,

which was ineffect for that purpose on or before April 27, 1981.

2. If on that date the local government:

(a) Was in existence, had a population of less than2,000 and was not collecting or authorized by ordinance to collect such a feeor tax, the local government may impose such a fee or tax in an amount approvedby the Nevada Tax Commission which is not greater than the largest fee or taximposed by a local government of the same kind. The fee or tax must not beincreased.

(b) Was in existence, had a population of less than2,000, and was authorized to collect but was not collecting such a fee or tax,the local government may impose such a fee or tax in an amount not greater thanthat authorized by ordinance.

(c) Was collecting a fee or tax which is afterward heldto be invalid, the local government may impose a new fee or tax no greater in amountof estimated revenue to be derived than the fee or tax held invalid.

(Added to NRS by 1981, 568; A 1985, 1152; 1987, 936)

NRS 463.400 Penaltyfor willful evasion of payment of fees for license and other acts andomissions. Any person who willfully fails toreport, pay or truthfully account for and pay over the license fees imposed by NRS 463.370, 463.373 to 463.3855, inclusive, 463.390, 463.450and 463,760 to 463.775, inclusive, or willfully attempts in any manner to evadeor defeat any such tax or payment thereof, or any licensee who puts additionalgames into play without authority of the Commission to do so or any licenseewho fails to remit any license fee provided for by this chapter when due is inaddition to the amount due liable for a penalty of the amount of the licensefee evaded or not paid, collected or paid over. The penalty must be assessedand collected in the same manner as are other charges, license fees and penaltiesunder this chapter.

[Part 10e:99:1931; added 1945, 492; A 1947, 734;1949, 114; 1955, 760](NRS A 1965, 1036; 1967, 676, 822, 888; 1981, 1098; 1983,1337; 1997, 1196; 2001,3089)

GAMING SALONS

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

1. A licensee may apply to the Board, on formsprescribed by the Board, for a license to operate a gaming salon.

2. A nonrefundable application fee in the amount of$5,000 must accompany the application for a license to operate a gaming salon.

3. An applicant must pay the costs incurred by theBoard for investigation of an application.

(Added to NRS by 2001, 896; A 2003, 1170)

NRS 463.4073 Regulationsestablishing policies and procedures for approval of license to operate gamingsalon and standards of operation. TheCommission shall, with the advice and assistance of the Board, adoptregulations setting forth:

1. The policies and procedures for approval of alicense to operate a gaming salon.

2. The standards of operation for a gaming salon,including, without limitation, policies and procedures governing:

(a) Surveillance and security systems.

(b) The games offered. The regulations must providethat the games offered must include table games and may include slot machines.

(c) Minimum wagers for any game offered. Theregulations must provide that minimum wagers for slot machines must not be lessthan $500.

(Added to NRS by 2001, 896; A 2003, 1171)

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

1. The admission of a patron to a gaming salon:

(a) May be restricted on the basis of the financialcriteria of the patron as established by the licensee and approved by theBoard; and

(b) Must not be restricted on the basis of the race,color, religion, national origin, ancestry, physical disability or sex of thepatron.

2. Any unresolved dispute with a patron concerningrestriction of admission to a gaming salon shall be deemed a dispute as to themanner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuantto NRS 463.362 to 463.366, inclusive.

(Added to NRS by 2001, 896; A 2003, 1171)

PERMITS FOR HOLIDAYS AND SPECIAL EVENTS

NRS 463.408 Application;fee; conditions and limitations.

1. As used in this section, holidays or specialevents refers to periods during which the influx of tourist activity in thisState or any area thereof may require additional or alternative industryaccommodation as determined by the Board.

2. Any licensee holding a valid license under thischapter may apply to the Board, on application forms prescribed by the Board,for a holiday or special event permit to:

(a) Increase the licensees game operations duringholidays or special events; or

(b) Provide persons who are attending a special eventwith gaming in an area of the licensees establishment to which access by thegeneral public may be restricted.

3. The application must be filed with the Board atleast 15 days before the date of the holiday or special event.

4. If the Board approves the application, it shallissue to the licensee a permit to operate presently existing games or anyadditional games in designated areas of the licensees establishment. Thenumber of additional games must not exceed 50 percent of the number of gamesoperated by the licensee at the time the application is filed. The permit muststate the period for which it is issued and the number, if any, of additionalgames allowed. For purposes of computation, any fractional game must be countedas one full game. The licensee shall present any such permit on the demand ofany inspecting agent of the Board or Commission.

5. Before issuing any permit, the Board shall chargeand collect from the licensee a fee of $14 per game per day for each day thepermit is effective. The fees are in lieu of the fees required under NRS 463.380, 463.383 and 463.390.

6. The additional games allowed under a permit mustnot be counted in computing the tax imposed by NRS 368A.200.

7. If any such additional games are not removed at thetime the permit expires, the licensee is immediately subject to the feesprovided for in this chapter.

(Added to NRS by 1969, 510; A 1975, 166; 1987, 617;1993, 313; 2003,20th Special Session, 212)

GAMES OPERATED BY CHARITABLE OR EDUCATIONAL ORGANIZATIONS

NRS 463.409 Approvalby Board of game operated by charitable organization; conditions; exceptions. Except as otherwise provided in NRS 463.4091 to 463.40965, inclusive, the Board mayapprove the operation of a game or games by a charitable or educationalorganization subject to such conditions and limitations as the Board mayimpose, but no such approval shall be given by the Board for the operation of agame or games for more than one event or function conducted or sponsored by onecharitable or educational organization during any 1 calendar quarter.

(Added to NRS by 1969, 465; A 1993, 1162)

CHARITABLE BINGO GAMES OPERATED BY QUALIFIED ORGANIZATIONS

NRS 463.4091 Definitions. As used in NRS463.4091 to 463.40965, inclusive,unless the context otherwise requires, the words and terms defined in NRS 463.40915 to 463.4093, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1993, 1159)

NRS 463.40915 Calendarquarter defined. Calendar quarter means aperiod of 3 consecutive months commencing on the first day of January, April,July or October in any year.

(Added to NRS by 1993, 1159)

NRS 463.4092 Charitableor nonprofit activity defined. Charitable ornonprofit activity means an activity in support of the arts, amateurathletics, peace officers or health or social services, or conducted for anybenevolent, civic, educational, eleemosynary, fraternal, humanitarian,patriotic, political or religious purpose, including the operation of aqualified organization.

(Added to NRS by 1993, 1159)

NRS 463.40925 Netproceeds defined. Net proceeds means thetotal amount of money collected from charitable bingo games, less the totalamount of money expended for prizes, supplies, advertising, promotion,printing, administration and other direct expenses necessary to operatecharitable bingo.

(Added to NRS by 1993, 1159)

NRS 463.4093 Qualifiedorganization defined. Qualifiedorganization means a bona fide charitable, civic, educational, fraternal,patriotic, political, religious or veterans organization that is not operatedfor profit.

(Added to NRS by 1993, 1159)

NRS 463.40935 Administrationof provisions by Board and Commission; adoption of regulations.

1. The Board and Commission shall administer theprovisions of NRS 463.4091 to 463.40965, inclusive, for the protectionof the public and in the public interest in accordance with the policy of thisstate.

2. The Commission, upon the recommendation of theBoard, may adopt such regulations as it deems desirable to enforce theprovisions of NRS 463.4091 to 463.40965, inclusive, pursuant to theprocedure set forth in NRS 463.145.

(Added to NRS by 1993, 1159)

NRS 463.4094 Requirementsfor operation of charitable bingo game without gaming license. A qualified organization may operate a charitable bingogame without obtaining a license pursuant to NRS463.160 if:

1. The organization is approved by the ExecutiveDirector and the total value of all the prizes offered in charitable bingogames operated by the organization during the same calendar year does notexceed $500,000;

2. The organization registers with the ExecutiveDirector and the total value of all the prizes offered in charitable bingogames operated by the organization during the same calendar year does notexceed $50,000; or

3. The total value of the prizes offered in thecharitable bingo games does not exceed $2,500 per calendar quarter.

(Added to NRS by 1993, 1160)

NRS 463.40945 Registrationand approval of qualified organization: Duties of Executive Director; revocableprivilege; expiration.

1. The Executive Director shall:

(a) Register a qualified organization that complieswith the requirements of NRS 463.4095.

(b) Approve a qualified organization if:

(1) The organization complies with therequirements of NRS 463.4095; and

(2) The Executive Director determines that theapproval of the organization would not be contrary to the public interest.

(c) Provide a qualified organization, within 60 daysafter its submission of an application pursuant to NRS 463.4095, with written notification ofthe basis for any refusal by the Executive Director to register or approve thequalified organization pursuant to this section.

2. The registration or approval of a qualifiedorganization is a revocable privilege. No person has any right to be registeredor approved by the Executive Director or acquires any vested right upon beingregistered or approved by the Executive Director.

3. Unless earlier revoked, the registration orapproval of a qualified organization is valid for the calendar year and expireson December 31.

(Added to NRS by 1993, 1160)

NRS 463.4095 Requirementsfor registration and approval of Executive Director.

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

(a) A written application containing:

(1) The name, address and nature of theorganization.

(2) Proof that the organization is a qualifiedorganization.

(3) The names of the officers or principals ofthe organization, and of any person responsible for the management,administration or supervision of the organizations charitable bingo games andany activities related to those bingo games.

(4) A description of all the prizes to beoffered in charitable bingo games operated by the organization during thecalendar year to which the application pertains and, if the approval of theExecutive Director is required, a summary of the anticipated expenses ofconducting those bingo games, including copies of any proposed agreementsbetween the organization and any suppliers of material for the operation ofthose bingo games.

(5) A description of the intended use of the netproceeds of charitable bingo games operated by the organization during thecalendar year to which the application pertains.

(6) The address of the location where charitablebingo games will be conducted by the organization during the calendar year towhich the application pertains.

(7) A statement that charitable bingo games willbe conducted in accordance with standards of honesty and integrity applicableto licensed bingo games in this state.

(8) Any other information the Executive Directordeems appropriate.

(b) A nonrefundable fee of:

(1) For registration, $10; or

(2) For a request for approval, $25.

(c) If the qualified organization requests approval ofthe Executive Director, it must:

(1) Submit a complete set of the fingerprints ofits officers, principals and persons responsible for management of the bingogames, on forms approved by the Executive Director, which the ExecutiveDirector may forward to the Central Repository for Nevada Records of CriminalHistory for submission to the Federal Bureau of Investigation for its report;and

(2) Reimburse the Board for its costs incurredin submitting the fingerprints for review.

2. A qualified organization shall submit suchadditional information as necessary to correct or complete any informationsubmitted pursuant to this section that becomes inaccurate or incomplete. Theapproval of a qualified organization is suspended during the period that any ofthe information is inaccurate or incomplete. The Executive Director mayreinstate the approval of the organization only after all information has beencorrected and completed.

3. The money collected pursuant to this section mustbe expended to administer and enforce the provisions of NRS 463.4091 to 463.40965, inclusive.

(Added to NRS by 1993, 1160; A 2003, 2851)

NRS 463.40955 Commissionmay require finding of suitability.

1. The Commission may, upon recommendation of theBoard, require:

(a) A qualified organization that registers with orrequests the approval of the Executive Director to file an application pursuantto this chapter for a finding of suitability to operate charitable bingo inthis state.

(b) Any person who is employed by, a member of, asupplier of or otherwise associated with such an organization to file an applicationpursuant to this chapter for a finding of suitability to be associated with theoperation of charitable bingo in this state.

2. The Commission may revoke the registration orapproval of a qualified organization if:

(a) An application for a finding of suitability is notsubmitted to the Board within 30 days after the qualified organization receiveswritten notice that it is required pursuant to paragraph (a) of subsection 1 tofile an application for a finding of suitability.

(b) The qualified organization is found unsuitable tooperate charitable bingo in this state.

(c) A complete application for a finding of suitabilityis not submitted to the Board or the association of the person with theorganization is not terminated, within 30 days after the qualified organizationreceives written notice that an associated person is required pursuant toparagraph (b) of subsection 1 to file an application for a finding ofsuitability.

(d) The associated person is found unsuitable to beassociated with the operation of charitable bingo in this state and thequalified organization does not terminate its association with that personwithin 30 days after receiving written notice of the finding of unsuitability.Every contract or agreement for personal services to a qualified organizationor for the conduct of any activity relating to the operation of charitablebingo shall be deemed to include a provision for its termination withoutliability on the part of the qualified organization upon a finding by the Commissionthat the person is unsuitable to be associated with a qualified organization.Failure expressly to include such a condition in the agreement is not a defensein any action brought pursuant to this section to terminate the agreement.

(Added to NRS by 1993, 1161)

NRS 463.4096 Prohibitedacts concerning compensation of employees of qualified organizations and otherpersons. A qualified organization shall not:

1. Compensate any person for the provision of prizesand supplies used in the operation of charitable bingo in an amount thatexceeds the fair market value of the prizes and supplies necessary for theoperation of charitable bingo.

2. Provide:

(a) Any compensation to a person who is not a regularemployee of the organization; and

(b) Any additional compensation to a person who is aregular employee of the organization,

for hisservices in organizing or operating charitable bingo or assisting in the organizationor operation of charitable bingo. This subsection does not prohibit a qualifiedorganization from compensating a person for the fair market value of servicesthat are ancillary to the organization or operation of charitable bingo.

(Added to NRS by 1993, 1162)

NRS 463.40965 Reportingand expenditure of net proceeds of charitable bingo.

1. A qualified organization shall expend the netproceeds of charitable bingo only for the benefit of charitable or nonprofitactivities in this state.

2. On or before February 1 of each year, a qualifiedorganization approved by the Executive Director shall submit to the ExecutiveDirector a financial report on its charitable bingo activities for thepreceding calendar year. The financial report must include a statement of:

(a) The expenses incurred in the operation ofcharitable bingo games; and

(b) The amount and use of the net proceeds ofcharitable bingo games.

(Added to NRS by 1993, 1162)

TRANSPORTATION OF GAMING DEVICES IN INTERSTATE COMMERCE

NRS 463.410 Exemptionof State from operation of 15 U.S.C. 1172. Pursuantto section 2 of that certain Act of the Congress of the United States entitledAn act to prohibit transportation of gambling devices in interstate andforeign commerce, approved January 2, 1951, being c. 1194, 64 Stat. 1134, andalso designated as 15 U.S.C. 1171-1177, the State of Nevada, acting by andthrough its duly elected and qualified members of its Legislature, does herebyin this section, and in accordance with and in compliance with the provisionsof section 2 of such Act of Congress, declare and proclaim that it is exemptfrom the provisions of section 2 of that certain Act of the Congress of theUnited States entitled An act to prohibit transportation of gambling devicesin interstate and foreign commerce, approved January 2, 1951, being c. 1194,64 Stat. 1134.

[1:97:1951]

NRS 463.420 Legalshipments of gambling devices into State. Allshipments of gambling devices, including slot machines, into this state, theregistering, recording and labeling of which has been duly had by themanufacturer or dealer thereof in accordance with sections 3 and 4 of thatcertain Act of the Congress of the United States entitled An act to prohibittransportation of gambling devices in interstate and foreign commerce,approved January 2, 1951, being c. 1194, 64 Stat. 1134, and also designated as15 U.S.C. 1171-1177, shall be deemed legal shipments thereof into thisstate.

[2:97:1951]

DISSEMINATION OF LIVE BROADCASTS FOR RACING

NRS 463.421 Definitions. As used in NRS 463.421to 463.480, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 463.4212 to 463.4218, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1987, 1779; A 1997, 1196)

NRS 463.4212 Livebroadcast defined. Live broadcast means anaudio and video transmission of a race, or series of races, as it occurs at atrack and which is furnished by a disseminator to a user for a fee.

(Added to NRS by 1987, 1779)

NRS 463.4214 Racingmeet defined. Racing meet means a series ofscheduled races held at a track for a specified period.

(Added to NRS by 1987, 1779)

NRS 463.4216 Trackdefined. Track means a facility licensed tooperate horse or other racing where pari-mutuel wagering on races is conducted.

(Added to NRS by 1987, 1779)

NRS 463.4218 Userdefined. User means an operator of a racebook, sports pool or gambling game who is licensed in this state and receivesand displays a live broadcast within this state and uses information containedin the broadcast to determine winners of or payoffs on wagers he accepts.

(Added to NRS by 1987, 1779)

NRS 463.422 Proposalby disseminator for exclusive right to disseminate live broadcast for racingmeet; determination of necessity of hearing; notice; determination without hearing.

1. A disseminator who wishes to submit a proposal forthe exclusive right to disseminate a live broadcast for a racing meet to usersmust give written notice to the Board not earlier than 180 days nor later than100 days before the racing meet begins. The Board may provide for a shorterperiod of notice.

2. Within 20 days after it receives such a notice, theBoard shall give written notice to the disseminator indicating when a writtenproposal must be submitted. If the Board reviews the submitted proposals anddetermines that a hearing is necessary, the Board shall give written notice toeach disseminator and user indicating that the Board intends to conduct ahearing to determine which disseminator will receive the exclusive right todisseminate a live broadcast for a racing meet to users.

3. If the Board reviews the submitted proposals anddetermines that the selection of a disseminator may be made without a hearing,it shall give written notice of its determination and selection to eachdisseminator and shall post such a notice in a conspicuous place in each of itsoffices in Las Vegas and Carson City for inspection by members of the public.

4. All notices given by the Board pursuant to thissection must contain all information the Commission, with the advice andassistance of the Board, may prescribe by regulation.

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

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

1. Whenever the Board decides to conduct a hearing todetermine which disseminator will receive the exclusive right to disseminate alive broadcast for a racing meet to users, the Board shall appoint a hearingpanel, consisting of three members, to conduct the hearing. The Commission,with the advice and assistance of the Board, shall prescribe by regulation thequalifications of those members.

2. The members of the panel are entitled to receivethe necessary expenses incurred in carrying out their duties as prescribed bythe Board. The expenses must be paid from the account for the operation ofhearing panels.

3. The Board may enter into agreements necessary toprovide for the services of the members of the hearing panels appointedpursuant to this section.

4. The Board shall provide from its staff suchadditional personnel as it deems necessary to carry out the provisions of thissection.

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

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

1. The hearing panel shall keep a record of thehearing and allow any disseminator or user to present oral or written testimonyat the hearing.

2. At the hearing each interested disseminator shallpresent a proposal for the exclusive right to disseminate a live broadcast tousers.

3. A user may present evidence in support of or inopposition to any proposal presented by a disseminator, except that a user maynot offer an opinion as to which disseminator the panel should recommend to theBoard.

4. Within 10 days after the hearing is completed, thehearing panel shall select the proposal of one disseminator from the proposalspresented at the hearing and submit to the Board the name of that disseminator asits recommendation.

5. The Board may accept or reject the recommendationof the hearing panel. If the Board rejects the recommendation, it may selectany other disseminator who presented a proposal at the hearing, or may rejectall proposals presented at the hearing.

6. The Commission, with the advice and assistance ofthe Board, shall adopt regulations prescribing the information anddocumentation each disseminator must include in his proposal.

(Added to NRS by 1987, 1779)

NRS 463.425 Administrativereview of decision of Board.

1. Any disseminator who presents a proposal or userwho presents evidence at the hearing conducted pursuant to NRS 463.424 may appeal the decision of theBoard. The aggrieved party must file a petition with the Commission within 10days after the Board issues its decision.

2. The party seeking the review bears the burden ofproof. The Commissions review must be confined to the record and is limitedsolely to a consideration and determination of the question of whether therehas been an abuse of discretion by the Board in its decision.

3. The decision of the Commission is final and is notsubject to judicial review.

(Added to NRS by 1987, 1780)

NRS 463.426 Powersof Board. The Board may:

1. Authorize a disseminator to enter into an agreementwith a track to disseminate to users a live broadcast which is received fromthe track.

2. Establish fees to be paid by a user of a livebroadcast in an amount which is equal to the cost of carrying out theprovisions of NRS 463.421 to 463.427, inclusive.

3. The Board shall deposit the fees with the StateTreasurer for credit to the Account for the Operation of Hearing Panels. Anyinterest earned on money in the Account must be credited to that Account.

(Added to NRS by 1987, 1780)

NRS 463.427 Unauthorizeduse or dissemination of live broadcast prohibited. Nolive broadcast may be used or disseminated unless the rights for that broadcasthave been secured by a disseminator authorized by the Board pursuant to NRS 463.424.

(Added to NRS by 1987, 1780)

DISSEMINATION AND BROADCAST OF INFORMATION CONCERNINGRACING

NRS 463.430 Unlawfulto disseminate information without license; exceptions.

1. It is unlawful for any person in this state toreceive, supply or disseminate in this state by any means information receivedfrom any source outside of this state concerning racing, when the informationis to be used to maintain and operate any gambling game and particularly anyrace book, except off-track pari-mutuel wagering for which the user is licensedpursuant to chapter 464 of NRS, without firsthaving obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive.

2. The provisions of this section do not apply to:

(a) Any person who provides a televised broadcast whichis presented without charge to any person who receives the broadcast.

(b) Any licensee who has been issued a gaming licenseand receives from or supplies to any affiliated licensee, by means of acomputerized system for bookmaking used by the licensee and the affiliatedlicensee, information concerning racing.

3. For the purposes of this section:

(a) Any broadcasting or display of informationconcerning racing held at a track which uses the pari-mutuel system of wageringis an incident of maintaining and operating a race book.

(b) Affiliated licensee means any person to whom avalid gaming license or pari-mutuel wagering license has been issued thatdirectly, or indirectly, through one or more intermediaries, controls, or iscontrolled by, or is under common control with, a licensee.

[1:152:1949; 1943 NCL 6227.01](NRS A 1983, 1035,1894; 1985, 2140; 1989, 1097; 1997, 2063)

NRS 463.440 Regulationand control of dissemination of information: Public policy of State; power ofCommission; regulations.

1. In addition to the state policy concerning gamingas set forth in NRS 463.0129, theLegislature hereby finds, and declares to be the public policy of this stateconcerning activities and information related to wagering on races held at atrack which uses the pari-mutuel system of wagering that:

(a) All persons licensed to operate and maintain asports pool or race book are entitled to receive on a fair and equitable basisall information concerning such racing that is being disseminated into andwithin this state.

(b) In order to protect the health, safety, morals,good order and general welfare of the public, all persons, associations,locations, practices and activities related to the dissemination and use ofinformation concerning such racing should be controlled, supervised andproperly licensed.

2. In accordance with reasonable regulations which maybe adopted, amended or repealed by the Commission, the Commission has the powerand jurisdiction:

(a) To regulate and control the business of supplyingand disseminating information by such means concerning racing held at a trackwhich uses the pari-mutuel system of wagering.

(b) To issue, condition, limit and restrict licenses tosuch disseminators.

(c) To suspend, revoke, condition or limit suchlicenses or impose fines in accordance with NRS463.310.

(d) To prescribe the manner, terms and conditions forreceiving, supplying or disseminating in this state information concerning suchracing.

3. The Commission is empowered to adopt, amend andrepeal such regulations as may be necessary for the orderly administration of NRS 463.430 to 463.480, inclusive, and for the protectionof the public and in the public interest.

[2:152:1949; 1943 NCL 6227.02](NRS A 1959, 455;1983, 1036; 1985, 2141)

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

1. Except as otherwise provided in subsection 3, theCommission shall fix, regulate and control the rates to be charged by anydisseminator of information concerning racing held at a track which uses thepari-mutuel system of wagering, but the rates must be just and reasonable.

2. The Commission may require any licensee whosubscribes to a disseminators service to report financial information relatingto wagering and amounts won on each track or event, and may publish thisinformation to ensure that the rates are just and reasonable.

3. The provisions of subsection 1 do not apply to therates to be charged for the dissemination of live broadcasts.

(Added to NRS by 1983, 1036; A 1985, 2141; 1987,1781)

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

1. Any disseminator of such information obtaining alicense under NRS 463.430 to 463.480, inclusive, shall pay to theCommission a fee of 4.25 percent of the total fees collected from users eachcalendar month for the dissemination of live broadcasts.

2. The Commission shall collect the fee on or beforethe last day of each calendar month for the preceding calendar month.

3. If the amount of the fee required by this sectionto be reported and paid is determined to be different than the amount reportedor paid by the licensee, the Commission shall:

(a) Charge and collect any additional fee determined tobe due, with interest thereon until paid; or

(b) Refund any overpaid fees to the person entitledthereto pursuant to this chapter, with interest thereon.

Interestpursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the firstcalendar month following the due date of the additional license fees untilpaid. Interest pursuant to paragraph (b) must be computed at one-half the rateprescribed in NRS 17.130 from the firstday of the first month following the date of overpayment until paid.

4. The Commission shall remit all fees collected, lessany fees refunded pursuant to subsection 3, to the State Treasurer for depositto the credit of the State General Fund.

[3:152:1949; 1943 NCL 6227.03](NRS A 1959, 455;1991, 934; 1995, 206; 1997, 1196; 2001, 3089)

NRS 463.460 Licenseeto furnish information without discrimination. Anydisseminator of such information obtaining a license under NRS 463.430 to 463.480, inclusive, shall furnish suchinformation to any licensed race book or sports pool which applies to thedisseminator therefor, and the information must be furnished by thedisseminator as adequately and efficiently as it is furnished to any otherusers of the information furnished by the disseminator.

[4:152:1949; 1943 NCL 6227.04](NRS A 1985, 2142)

NRS 463.462 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commission. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. A natural person who applies for the issuance orrenewal of a license issued pursuant to NRS463.430 to 463.480, inclusive, shallsubmit to the Commission the statement prescribed by the Division of Welfareand Supportive Services of the Department of Health and Human Services pursuantto NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Commission shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commission.

3. A license may not be issued or renewed by theCommission pursuant to NRS 463.430 to 463.480, inclusive, if the applicant is anatural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commission shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2061)

NRS 463.464 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If the Commission receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licenseissued pursuant to NRS 463.430 to 463.480, inclusive, the Commission shalldeem the license issued to that person to be suspended at the end of the 30thday after the date on which the court order was issued unless the Commissionreceives a letter issued to the holder of the license by the district attorneyor other public agency pursuant to NRS425.550 stating that the holder of the license has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Commission shall reinstate a license issuedpursuant to NRS 463.430 to 463.480, inclusive, that has been suspendedby a district court pursuant to NRS 425.540if the Commission receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person whose license was suspended stating that the person whose licensewas suspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2062)

NRS 463.466 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] The applicationof a natural person who applies for the issuance of a license issued pursuantto NRS 463.430 to 463.480, inclusive, must include the socialsecurity number of the applicant.

(Added to NRS by 1997, 2062)

NRS 463.480 Penalty. A person, firm, association or corporation, or any oftheir officers or agents, who violates any of the provisions of NRS 463.430 to 463.460, inclusive, is guilty of a categoryC felony and shall be punished as provided in NRS193.130.

[7:152:1949; 1943 NCL 6227.07](NRS A 1967, 587;1981, 1100; 1995, 1295)

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

General Provisions

NRS 463.482 Definitions. As used in NRS 463.160to 463.170, inclusive, 463.368, 463.386,463.482 to 463.645, inclusive, and 463.750, unless the context otherwiserequires, the words and terms defined in NRS463.4825 to 463.488, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1969, 365; A 1977, 1438; 1979, 1528;1981, 1100; 1985, 1476; 1987, 1743; 1989, 400; 1993, 2003; 2001, 3090; 2003, 20th SpecialSession, 13; 2005,719)

NRS 463.4825 Affiliatedcompany defined. Affiliated company means asubsidiary company, holding company, intermediate company or any other form ofbusiness organization that:

1. Controls, is controlled by or is under commoncontrol with a licensee which is a corporation or limited-liability company;and

2. Is involved in gaming activities in this state orinvolved in the ownership of property in this state upon which gaming isconducted.

(Added to NRS by 1981, 1067; A 1993, 2004)

NRS 463.483 Directordefined. Director means any director of acorporation or any person performing similar functions with respect to anyorganization.

(Added to NRS by 1969, 365)

NRS 463.484 Equitysecurity defined. Equity security means:

1. Any voting stock of a corporation, or similarsecurity;

2. Any security convertible, with or withoutconsideration, into such a security, or carrying any warrant or right tosubscribe to or purchase such a security;

3. Any such warrant or right; or

4. Any security having a direct or indirectparticipation in the profits of the issuer.

(Added to NRS by 1969, 365)

NRS 463.4845 Generalpartner defined. General partner means anygeneral partner of a limited partnership or any person performing similarfunctions.

(Added to NRS by 1979, 1520)

NRS 463.485 Holdingcompany defined.

1. Holding company means any corporation, firm,partnership, limited partnership, limited-liability company, trust or otherform of business organization not a natural person which, directly orindirectly:

(a) Owns;

(b) Has the power or right to control; or

(c) Holds with power to vote,

any part ofthe limited partnership interests, interests in a limited-liability company oroutstanding voting securities of a corporation which holds or applies for alicense.

2. For the purposes of this section, in addition toany other reasonable meaning of the words used, a holding company indirectlyhas, holds or owns any power, right or security mentioned in subsection 1 if itdoes so through any interest in a subsidiary or successive subsidiaries,however many such subsidiaries may intervene between the holding company andthe corporation, limited partnership or limited-liability company which holdsor applies for a license.

(Added to NRS by 1969, 366; A 1987, 618; 1993, 2004)

NRS 463.4855 Interestin a limited-liability company defined. Interestin a limited-liability company means a members share of the profits andlosses of a limited-liability company and the right to receive distributions ofthe companys assets.

(Added to NRS by 1993, 1993)

NRS 463.486 Intermediarycompany defined. Intermediary company meansany corporation, firm, partnership, limited partnership, limited-liability company,trust or other form of business organization other than a natural person which:

1. Is a holding company with respect to a corporation,limited partnership or limited-liability company which holds or applies for alicense; and

2. Is a subsidiary with respect to any holdingcompany.

(Added to NRS by 1969, 366; A 1987, 618; 1993, 2004)

NRS 463.4862 Limited-liabilitycompany defined. Limited-liability companymeans a limited-liability company organized and existing pursuant to theprovisions of chapter 86 of NRS.

(Added to NRS by 1993, 1993)

NRS 463.4863 Limitedpartner defined. Limited partner means anylimited partner of a limited partnership or any other person having similarrights.

(Added to NRS by 1979, 1520)

NRS 463.4864 Limitedpartnership defined. Limited partnershipmeans a partnership formed by two or more persons pursuant to the terms of chapter 88 of NRS, having as members one or moregeneral partners and one or more limited partners.

(Added to NRS by 1979, 1521)

NRS 463.4865 Limitedpartnership interest defined. Limited partnershipinterest means the right of a general or limited partner to receive from alimited partnership:

1. A share of the profits;

2. Any other compensation by way of income; or

3. A return of any or all of his contribution tocapital of the limited partnership,

or the rightto exercise any of the rights or powers provided in chapter88 of NRS, whether directly or indirectly.

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

NRS 463.4866 Managerdefined. Manager means a person designatedor selected to manage a limited-liability company.

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

NRS 463.4867 Memberdefined. Member means a person who owns aninterest in a limited-liability company.

(Added to NRS by 1993, 1993)

NRS 463.487 Publiclytraded corporation defined.

1. Publicly traded corporation means:

(a) Any corporation or other legal entity except anatural person which:

(1) Has one or more classes of securitiesregistered pursuant to section 12 of the Securities Exchange Act of 1934, asamended (15 U.S.C. 78l);

(2) Is an issuer subject to section 15(d) of theSecurities Exchange Act of 1934, as amended (15 U.S.C. 78o); or

(3) Has one or more classes of securitiesexempted from the registration requirements of section 5 of the Securities Actof 1933, as amended (15 U.S.C. 77e), solely by reason of an exemption containedin section 3(a)10, 3(a)11 or 3(c) of the Securities Act of 1933, as amended (15U.S.C. 77c(a)(10), 77c(a)(11) and 77c(c), respectively) or 17 C.F.R. 230.251 et seq.

(b) Any corporation or other legal entity created underthe laws of a foreign country:

(1) Which has one or more classes of securitiesregistered on that countrys securities exchange or over-the-counter market;and

(2) Whose activities have been found by theCommission to be regulated in a manner which protects the investors and theState of Nevada.

2. The term does not include any corporation or otherlegal entity which has securities registered or is an issuer pursuant toparagraph (a) of subsection 1 solely because it:

(a) Guaranteed a security issued by an affiliated companypursuant to a public offering; or

(b) Is considered by the Securities and ExchangeCommission to be a coissuer of a public offering of securities pursuant to 17C.F.R. 230.140.

(Added to NRS by 1969, 366; A 1975, 693; 1985, 1476;1991, 935)

NRS 463.488 Subsidiarydefined. Subsidiary means:

1. A corporation any part of whose outstanding equitysecurities are:

(a) Owned;

(b) Subject to a power or right of control; or

(c) Held with power to vote,

by a holdingcompany or intermediary company; or

2. A firm, partnership, limited partnership,limited-liability company, trust or other form of business organization not anatural person, any interest in which is:

(a) Owned;

(b) Subject to a power or right of control; or

(c) Held with power to vote,

by a holdingcompany or intermediary company.

(Added to NRS by 1969, 366; A 1993, 2004)

Corporations Generally

NRS 463.489 Policyof State; waiver of requirements.

1. The policy of the State of Nevada with respect tothe issuance of state gaming licenses to corporations is:

(a) To broaden the opportunity for investment in gamingthrough the pooling of capital in corporate form.

(b) To maintain effective control over the conduct ofgaming by corporate licensees.

(c) To restrain any speculative promotion of the stockor other securities of gaming enterprises.

2. The Commission may waive, either selectively or bygeneral regulation, one or more of the requirements of NRS 463.482 to 463.645, inclusive, if it makes a writtenfinding that such waiver is consistent with the state policy set forth in NRS 463.0129 and this section.

(Added to NRS by 1969, 365; A 1975, 694)

NRS 463.490 Qualificationsfor state gaming license for corporations other than publicly tradedcorporations. In order to be eligible toreceive a state gaming license, a corporation, other than a publicly tradedcorporation, must:

1. Be incorporated:

(a) In the State of Nevada, although the corporationmay be a wholly or partly owned subsidiary of a corporation which is charteredin another state of the United States; or

(b) In another state of the United States, if allpersons having any direct or indirect interest of any nature in the corporationare licensed as required by NRS 463.530and any applicable regulations of the Commission;

2. Maintain an office of the corporation on thelicensed premises;

3. Comply with all of the requirements of the laws ofthe State of Nevada pertaining to corporations; and

4. Maintain a ledger in the principal office of the corporationin Nevada, which shall:

(a) At all times reflect the ownership of every classof security issued by the corporation; and

(b) Be available for inspection by the Board,Commission and their authorized agents, at all reasonable times without notice.

(Added to NRS by 1967, 1586; A 1969, 374; 1993, 187)

NRS 463.505 Priorapproval by Chairman of Board required to grant option to purchase securityissued by corporation other than publicly traded corporation or to dispose ofexisting option to acquire such security; review of denial of approval.

1. The purported granting of an option to purchase anysecurity issued by a corporation, other than a publicly traded corporation,which holds a state gaming license, or the purported sale, assignment, transfer,pledge or other disposition of an existing option to acquire such a security isvoid unless administratively approved in advance by the Chairman of the Board.

2. A request for administrative approval pursuant tosubsection 1 must:

(a) Be made on forms approved by the Chairman of theBoard; and

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

3. The Chairman of the Board may refer a request foradministrative approval to the Board and Commission for consideration or denythe request for administrative approval for any reasonable cause. A denial maybe submitted for review by the Board and Commission in the manner set forth bythe regulations of the Commission pertaining to the review of administrativeapproval decisions.

4. The Commission, upon recommendation by the Board,may require a person to apply for a finding of suitability to hold an option topurchase such a security.

(Added to NRS by 2003, 20th SpecialSession, 2)

NRS 463.510 Priorapproval by Commission required for other disposition of securities issued bycorporation other than publicly traded corporation; restrictions on unsuitablepersons; statement on certificate.

1. The purported sale, assignment, transfer, pledge,exercise of an option to purchase or other disposition of any security issuedby a corporation, other than a publicly traded corporation, which holds a stategaming license is void unless approved in advance by the Commission.

2. If at any time the Commission finds that anindividual owner of any such security is unsuitable to continue as a gaminglicensee in this state, the owner shall immediately offer the security to theissuing corporation for purchase. The corporation shall purchase the securityso offered, for cash at fair market value, within 10 days after the date of theoffer.

3. Beginning upon the date when the Commission servesnotice of a determination of unsuitability pursuant to subsection 2 upon thecorporation, it is unlawful for the unsuitable owner:

(a) To receive any dividend or interest upon any suchsecurity;

(b) To exercise, directly or through any trustee ornominee, any voting right conferred by such security; or

(c) To receive any remuneration in any form from thecorporation, for services rendered or otherwise.

4. Every security issued by a corporation, other thana publicly traded corporation, which holds a state gaming license must bear astatement, on both sides of the certificate evidencing the security, of therestrictions imposed by this section.

(Added to NRS by 1967, 1586; A 1969, 374; 1983, 743;1993, 187; 2003,20th Special Session, 13)

NRS 463.520 Registrationwith Board by corporations other than publicly traded corporations; requiredinformation. A corporation, other than apublicly traded corporation, which applies for a state gaming license shallregister as a corporation with the Board, and shall provide the followinginformation to the Board:

1. The organization, financial structure and nature ofthe business to be operated, including:

(a) The names and personal history of all officers,directors and key employees;

(b) A complete set of the fingerprints of all officers,directors and key employees which the Board may forward to the CentralRepository for Nevada Records of Criminal History for submission to the FederalBureau of Investigation for its report; and

(c) The names, addresses and number of shares held byall stockholders.

2. The rights and privileges acquired by the holdersof different classes of authorized securities, including debentures.

3. The terms on which securities are to be offered.

4. The terms and conditions of all outstanding loans,mortgages, trust deeds, pledges or any other indebtedness or security device.

5. The extent of the equity security holding in thecorporation of all officers, directors and underwriters, and their remunerationas compensation for services, in the form of salary, wages, fees or otherwise.

6. Remuneration to persons other than directors andofficers exceeding $30,000 per annum.

7. Bonus and profit-sharing arrangements.

8. Management and service contracts.

9. Options existing, or to be created.

10. Balance sheets for at least 3 preceding fiscalyears or, if the corporation has not been incorporated for a period of 3 years,balance sheets from the time of its incorporation. All balance sheets shall becertified by independent public accountants certified or registered in theState of Nevada.

11. Profit and loss statements for at least the 3preceding fiscal years or, if the corporation has not been incorporated for aperiod of 3 years, profit and loss statements from the time of itsincorporation. All profit and loss statements shall be certified by independentpublic accountants certified or registered in the State of Nevada.

12. Any further financial data which the Board maydeem necessary or appropriate for the protection of the State of Nevada, orlicensed gambling, or both.

(Added to NRS by 1967, 1587; A 1969, 375; 1971, 673;1993, 188; 2003, 2852)

NRS 463.530 Individuallicensing of officers and directors of corporations other than publicly tradedcorporations; other persons required to be licensed individually. All officers and directors of a corporation, other than apublicly traded corporation, which holds or applies for a state gaming licensemust be licensed individually, according to the provisions of this chapter, andif, in the judgment of the Commission, the public interest will be served byrequiring any or all of the corporations individual stockholders, lenders,holders of evidence of indebtedness, underwriters, key executives, agents oremployees to be licensed, the corporation shall require those persons to applyfor a license in accordance with the laws and requirements in effect at thetime the Commission requires the licensing. A person who is required to belicensed by this section shall apply for a license within 30 days after hebecomes an officer or director. A person who is required to be licensed pursuantto a decision of the Commission shall apply for a license within 30 days afterthe Commission requests him to do so.

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

NRS 463.540 Limitationon certain powers of corporations other than publicly traded corporations afterlicensing; approval of Commission. Afterlicensing pursuant to NRS 463.170, acorporation, other than a publicly traded corporation:

1. Before it may issue or transfer any security to anyperson, shall file a report of its proposed action with the Board andCommission, which report must request the approval of the Commission. TheCommission shall have 90 days within which to approve or deny the request. Ifthe Commission denies the request, the corporation shall not issue or transferany such security.

2. Shall file a report of each change of the corporateofficers and the members of its board of directors with the Board andCommission within 30 days after the change becomes effective. The Commissionhas 90 days within which to approve or disapprove the change. During the 90-dayperiod and thereafter if the Commission does not disapprove the change, theofficer or member of the board of directors is entitled to exercise all powersof the office to which he was so elected or appointed.

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

NRS 463.550 Requiredreports and statements; income tax return.

1. After licensing pursuant to NRS 463.530, the corporation shall:

(a) Report to the Board and Commission in writing anychange in corporate personnel who have been designated by the Board orCommission as key executives.

(b) Furnish the Board an annual profit and lossstatement and an annual balance sheet.

2. The Commission may require that any suchcorporation furnish the Board with a copy of its federal income tax returnwithin 30 days after such return is filed with the Federal Government.

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

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

1. If an employee of a corporate licensee who isrequired to be licensed individually:

(a) Does not apply for a license within 30 days afterthe Commission requests him to do so, and the Commission makes a finding ofunsuitability for that reason;

(b) Is denied a license; or

(c) Has his license revoked by the Commission,

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

2. If the corporate licensee designates anotheremployee to replace the employee whose employment was terminated, it shallpromptly notify the Commission and shall cause the newly designated employee toapply for a gaming license.

(Added to NRS by 1967, 1588; A 1969, 376; 1977, 1438;1981, 1065)

Limited Partnerships Generally

NRS 463.563 Policyof State; waiver of requirements.

1. The policy of the State of Nevada with respect tothe issuance of state gaming licenses to limited partnerships is:

(a) To broaden the opportunity for investment in gamingthrough the pooling of capital in limited partnership form.

(b) To maintain effective control over the conduct ofgaming by limited partnership licensees.

(c) To restrain any speculative promotion of limitedpartnership interests in gaming enterprises.

2. The Commission may waive, either selectively or bygeneral regulation, one or more of the requirements of NRS 463.564 to 463.572, inclusive, if it makes a writtenfinding that a waiver is consistent with the state policy set forth in NRS 463.0129 and this section.

(Added to NRS by 1979, 1521)

NRS 463.564 Qualificationsfor state gaming license. In order to be eligibleto receive a state gaming license, a limited partnership shall:

1. Be formed under the laws of this state;

2. Maintain an office of the limited partnership onthe licensed premises;

3. Comply with all of the requirements of the laws ofthis state pertaining to limited partnerships; and

4. Maintain a ledger in the principal office of thelimited partnership in this state, which must:

(a) At all times reflect the ownership of all interestsin the limited partnership; and

(b) Be available for inspection by the Board,Commission and their authorized agents, at all reasonable times without notice.

(Added to NRS by 1979, 1521)

NRS 463.566 Eligibility. No limited partnership is eligible to receive a stategaming license unless the conduct of gaming is among the purposes stated in itscertificate of limited partnership.

(Added to NRS by 1979, 1521)

NRS 463.5665 Priorapproval by Chairman of Board required to grant option to purchase interest inlimited partnership or to dispose of existing option to acquire such interest;review of denial of approval.

1. The purported granting of an option to purchase anyinterest in a limited partnership which holds a state gaming license or thepurported sale, assignment, transfer, pledge or other disposition of anexisting option to acquire such an interest is ineffective unlessadministratively approved in advance by the Chairman of the Board.

2. A request for administrative approval pursuant tosubsection 1 must:

(a) Be made on forms approved by the Chairman of theBoard; and

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

3. The Chairman of the Board may refer a request foradministrative approval to the Board and Commission for consideration or denythe request for administrative approval for any reasonable cause. A denial maybe submitted for review by the Board and Commission in the manner set forth bythe regulations of the Commission pertaining to the review of administrativeapproval decisions.

4. The Commission, upon recommendation by the Board,may require a person to apply for a finding of suitability to hold an option topurchase such an interest.

(Added to NRS by 2003, 20th SpecialSession, 3)

NRS 463.567 Priorapproval by Commission required for other disposition of interest in limitedpartnership; restrictions on unsuitable persons; statement on certificate.

1. The purported sale, assignment, transfer, pledge,exercise of an option to purchase, or other disposition of any interest in alimited partnership which holds a state gaming license is ineffective unlessapproved in advance by the Commission.

2. If at any time the Commission finds that anindividual owner of any such interest is unsuitable to hold that interest, theCommission shall immediately notify the limited partnership of that fact. Thelimited partnership shall, within 10 days from the date that it receives thenotice from the Commission, return to the unsuitable owner, in cash, the amountof his capital account as reflected on the books of the partnership.

3. Beginning on the date when the Commission servesnotice of a determination of unsuitability pursuant to subsection 2 upon thelimited partnership, it is unlawful for the unsuitable owner:

(a) To receive any share of the profits or interestupon any limited partnership interest;

(b) To exercise, directly or through any trustee ornominee, any voting right conferred by such interest; or

(c) To receive any remuneration in any form from thelimited partnership, for services rendered or otherwise.

4. The certificate of limited partnership of anylimited partnership holding a state gaming license must contain a statement ofthe restrictions imposed by this section.

(Added to NRS by 1979, 1521; A 1997, 3504; 2003, 20th SpecialSession, 13)

NRS 463.568 Registrationwith Board; required information. The limitedpartnership which applies for a state gaming license shall register as alimited partnership with the Board, and shall provide the following informationto the Board:

1. The organization, financial structure and nature ofthe business to be operated, including:

(a) The names and personal history of all generalpartners and key employees;

(b) A complete set of the fingerprints of all generalpartners and key employees which the Board may forward to the CentralRepository for Nevada Records of Criminal History for submission to the FederalBureau of Investigation for its report; and

(c) The name, address and interest of each limitedpartner.

2. The rights, privileges and relative priorities oflimited partners as to the return of contributions to capital, and the right toreceive income.

3. The terms on which limited partnership interestsare to be offered.

4. The terms and conditions of all outstanding loans,mortgages, trust deeds, pledges or any other indebtedness or security device.

5. The extent of the holding in the limitedpartnership of all underwriters, and their remuneration as compensation forservices, in the form of salary, wages, fees or otherwise.

6. Remuneration to persons other than general partnersexceeding $30,000 per annum.

7. Bonus and profit-sharing arrangements.

8. Management and service contracts.

9. Options existing, or to be created.

10. Balance sheets for at least the 3 preceding fiscalyears or, if the limited partnership has not been in existence for 3 years,balance sheets from the time of its formation. All balance sheets must becertified by independent public accountants certified or registered in thisstate.

11. Profit and loss statements for at least the 3preceding fiscal years or, if the limited partnership has not been in existencefor 3 years, profit and loss statements from the time of its formation. Allprofit and loss statements must be certified by independent public accountantscertified or registered in this state.

12. Any further financial data which the Board maydeem necessary or appropriate for the protection of the State of Nevada, orlicensed gambling, or both.

(Added to NRS by 1979, 1522; A 2003, 2853)

NRS 463.569 Individuallicensing of partners and other persons. Everygeneral partner and limited partner of a limited partnership which holds astate gaming license must be licensed individually, according to the provisionsof this chapter, and if, in the judgment of the Commission, the public interestwill be served by requiring any or all of the limited partnerships lenders,holders of evidence of indebtedness, underwriters, key executives, agents oremployees to be licensed, the limited partnership shall require those personsto apply for a license in accordance with the laws and requirements in effectat the time the Commission requires the licensing. Publicly traded corporationswhich are limited partners of limited partnerships are not required to belicensed, but shall comply with NRS 463.635to 463.645, inclusive. A person who isrequired to be licensed by this section as a general or limited partner shallnot receive that position until he secures the required approval of theCommission. A person who is required to be licensed pursuant to a decision ofthe Commission shall apply for a license within 30 days after the Commissionrequests him to do so.

(Added to NRS by 1979, 1522; A 1997, 3504)

NRS 463.571 Requiredreports and statements; income tax return.

1. After licensing pursuant to NRS 463.569, the limited partnership shall:

(a) Report to the Board and Commission in writing anychange in personnel who have been designated by the Board or Commission as keyexecutives.

(b) Furnish the Board an annual profit and lossstatement and an annual balance sheet.

2. The Commission may require that any limitedpartnership furnish the Board with a copy of its federal income tax returnwithin 30 days after the return is filed with the Federal Government.

(Added to NRS by 1979, 1523)

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

1. If an employee of a limited partnership licenseewho is required to be licensed individually:

(a) Does not apply for a license within 30 days afterthe Commission requests him to do so, and the Commission makes a finding ofunsuitability for that reason;

(b) Is denied a license; or

(c) Has his license revoked by the Commission,

the limitedpartnership gaming licensee by whom he is employed shall terminate hisemployment upon notification by registered or certified mail to the limited partnershipof that action.

2. If the limited partnership licensee designatesanother employee to replace the employee whose employment was terminated, itshall promptly notify the Commission and cause the newly designated employee toapply for a gaming license.

(Added to NRS by 1979, 1523)

Limited-Liability Companies Generally

NRS 463.573 Policyof State; waiver of requirements.

1. The policy of the State of Nevada with respect tothe issuance of licenses to limited-liability companies is:

(a) To broaden the opportunity for investment in gamingthrough the pooling of capital in limited-liability companies.

(b) To maintain effective control over the conduct ofgaming by limited-liability companies.

(c) To restrain any speculative promotion of interestsin a limited-liability company in gaming enterprises.

2. The Commission may waive, either selectively or bygeneral regulation, one or more of the requirements of NRS 463.5731 to 463.5737, inclusive, if it makes a writtenfinding that a waiver is consistent with the state policy set forth in NRS 463.0129 and this section.

(Added to NRS by 1993, 1993)

NRS 463.5731 Qualificationsfor state gaming license. In order to be eligibleto receive a license, a limited-liability company must:

1. Be formed under the laws of this state;

2. Maintain an office of the limited-liability companyon the licensed premises;

3. Comply with all of the requirements of the laws ofthis state pertaining to limited-liability companies; and

4. Maintain a ledger in the principal office of thelimited-liability company in this state, which must:

(a) At all times reflect the ownership of all interestsin the limited-liability company; and

(b) Be available for inspection by the Board,Commission and their authorized agents, at all reasonable times without notice.

(Added to NRS by 1993, 1994)

NRS 463.5732 Eligibilityfor gaming license. No limited-liabilitycompany is eligible to receive a license unless the conduct of gaming is amongthe purposes stated in its articles of organization.

(Added to NRS by 1993, 1994)

NRS 463.57325 Priorapproval by Chairman of Board required to hold option to purchase interest inlimited-liability company or to dispose of existing option to acquire suchinterest; review of denial of approval.

1. The purported granting of an option to purchase anyinterest in a limited-liability company which holds a state gaming license orthe purported sale, assignment, transfer, pledge or other disposition of anexisting option to acquire such an interest is ineffective unlessadministratively approved in advance by the Chairman of the Board.

2. A request for administrative approval pursuant tosubsection 1 must:

(a) Be made on forms approved by the Chairman of theBoard; and

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

3. The Chairman of the Board may refer a request foradministrative approval to the Board and Commission for consideration or denythe request for administrative approval for any reasonable cause. A denial maybe submitted for review by the Board and Commission in the manner set forth bythe regulations of the Commission pertaining to the review of administrativeapproval decisions.

4. The Commission, upon recommendation by the Board,may require a person to apply for a finding of suitability to hold an option topurchase such an interest.

(Added to NRS by 2003, 20th SpecialSession, 3)

NRS 463.5733 Priorapproval by Commission required for other disposition of interest inlimited-liability company; restrictions on unsuitable persons; statement oncertificate.

1. The purported sale, assignment, transfer, pledge,exercise of an option to purchase or other disposition of any interest in alimited-liability company which holds a state gaming license is ineffectiveunless approved in advance by the Commission.

2. If at any time the Commission finds that a memberis unsuitable to hold an interest in a limited-liability company, the Commissionshall immediately notify the limited-liability company of that fact. Thelimited-liability company shall, within 10 days after it receives the noticefrom the Commission, return to the member, in cash, the amount of his capitalaccount as reflected on the books of the company.

3. Except as otherwise provided in subsection 2,beginning on the date when the Commission serves notice of a determination ofunsuitability pursuant to subsection 2 upon the limited-liability company, itis unlawful for the unsuitable member:

(a) To receive any share of the distribution of profitsof the limited-liability company or any payments upon dissolution of thecompany;

(b) To exercise any voting right conferred by themembers interest in the limited-liability company;

(c) To participate in the management of thelimited-liability company; or

(d) To receive any remuneration in any form from thelimited-liability company, for services rendered or otherwise.

4. The articles of organization of anylimited-liability company holding a state gaming license must contain astatement of the restrictions imposed by this section.

(Added to NRS by 1993, 1994; A 1997, 3504; 2003, 20th SpecialSession, 14)

NRS 463.5734 Registrationwith Board; required information. Alimited-liability company which applies for a license shall register as alimited-liability company with the Board, and shall provide the followinginformation to the Board:

1. The organization, financial structure and nature ofthe business to be operated, including:

(a) The names and personal history of each director,manager, member and key employee; and

(b) A complete set of the fingerprints of eachdirector, manager, member and key employee which the Board may forward to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report.

2. The rights, privileges and relative priorities ofthe members as to the return of contributions to capital and the right toreceive distribution of profits.

3. The terms on which interests in thelimited-liability company are to be offered.

4. The terms and conditions of all outstanding loans,mortgages, trust deeds, pledges and any other indebtedness or security device.

5. The extent of the holding in the limited-liabilitycompany of all underwriters, and their remuneration as compensation forservices, in the form of salary, wages, fees or otherwise.

6. Remuneration to persons other than directors andmanagers exceeding $30,000 per annum.

7. Bonus and profit-sharing arrangements.

8. Management and service contracts.

9. Options existing, or to be created.

10. Balance sheets for at least the 3 preceding fiscalyears or, if the limited-liability company has not been in existence for 3years, balance sheets from the time of its formation. All balance sheets mustbe certified by independent public accountants certified or registered in thisstate.

11. Profit and loss statements for at least the 3preceding fiscal years or, if the limited-liability company has not been inexistence for 3 years, profit and loss statements from the time of itsformation. All profit and loss statements must be certified by independentpublic accountants certified or registered in this state.

12. Any further financial data which the Board maydeem necessary or appropriate for the protection of the State of Nevada, orlicensed gambling, or both.

(Added to NRS by 1993, 1994; A 2001, 897; 2003, 2853)

NRS 463.5735 Individuallicensing of members, directors, managers and other persons.

1. Every member, transferee of a members interest ina limited-liability company, director and manager of a limited-liabilitycompany which holds or applies for a state gaming license must be licensedindividually, according to the provisions of this chapter.

2. If, in the judgment of the Commission, the publicinterest will be served by requiring any of the limited-liability companyslenders, holders of evidence of indebtedness, underwriters, key executives,agents or employees to be licensed:

(a) The limited-liability company shall require thosepersons to apply for a license in accordance with the laws and requirements ineffect at the time the Commission requires the licensing; and

(b) Those persons shall apply for a license within 30 daysafter being requested to do so by the Commission.

3. A publicly traded corporation which is a member ofa limited-liability company is not required to be licensed, but shall complywith NRS 463.635 to 463.645, inclusive.

4. No person may become a member or a transferee of amembers interest in a limited-liability company which holds a license until hesecures the required approval of the Commission.

5. A director or manager of a limited-liabilitycompany shall apply for a license within 30 days after assuming office.

(Added to NRS by 1993, 1995; A 1997, 3505; 2001, 898)

NRS 463.5736 Requiredreports and statements; income tax returns.

1. After licensing pursuant to NRS 463.5735, a limited-liability companyshall:

(a) Report to the Board and Commission in writing anychange in personnel who have been designated by the Board or Commission as keyexecutives.

(b) Furnish the Board an annual profit and lossstatement and an annual balance sheet.

2. The Commission may require that a limited-liabilitycompany furnish the Board with a copy of its federal income tax return within30 days after the return is filed with the Federal Government.

(Added to NRS by 1993, 1996)

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

1. If an employee, a director or a manager of alimited-liability company which holds a license is required to be licensedindividually, and he:

(a) Does not apply for a license within 30 days afterthe Commission requests him to do so, and the Commission makes a finding ofunsuitability for that reason;

(b) Is denied a license; or

(c) Has his license revoked by the Commission,

the limited-liabilitycompany for whom he is a manager or director or by whom he is employed shall,upon receiving notice by registered or certified mail from the Commission,remove him as a director or manager or modify his employment so that he nolonger serves in a capacity for which he is required to be licensed, and shallnot allow him to exercise a significant influence over the limited-liabilitycompanys operation of a gaming establishment.

2. If the limited-liability company designates anotheremployee, director or manager to replace the employee, director or managerwhose employment was modified or who was removed as a director or manager, itshall promptly notify the Commission and require the newly designated employee,director or manager to apply for a license.

(Added to NRS by 1993, 1996; A 2001, 898)

Holding and Intermediary Companies

NRS 463.575 Applicabilityof NRS463.575 to 463.615, inclusive; exemption forpublicly traded corporation. NRS 463.575 to 463.615, inclusive, apply to every holdingcompany or intermediary company except a publicly traded corporation which hasbeen exempted from the operation of all or some of the provisions of suchsections pursuant to NRS 463.625.

(Added to NRS by 1969, 366)

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

1. If a corporation, partnership, limited partnership,limited-liability company or other business organization applying for orholding a license is or becomes a subsidiary, each holding company and eachintermediary company with respect thereto must:

(a) Qualify to do business in the State of Nevada.

(b) If it is a corporation, register with theCommission and furnish the Board:

(1) A complete list of all stockholders when itfirst registers, and annually thereafter, within 30 days after the annualmeeting of the stockholders of the corporation, showing the number of sharesheld by each.

(2) The names of all corporate officers within30 days of their appointment.

(3) The names of all members of the Board ofDirectors within 30 days of their election.

(c) If it is a firm, partnership, trust or other formof business organization, it must register with the Commission and furnish theBoard such analogous information as the Commission may prescribe.

2. The Board or the Commission may in its discretionmake such investigations concerning the officers, directors, underwriters,security holders, partners, principals, trustees or direct or beneficial ownersof any interest in any holding company or intermediary company as it deemsnecessary, either at the time of initial registration or at any timethereafter.

3. If at any time the Commission finds that any personowning, controlling or holding with power to vote any part of any class ofsecurity of, or any interest in, any holding company or intermediary company isunsuitable to be connected with a licensed gaming enterprise, it shall sonotify the unsuitable person, the holding company or intermediary company, orboth. The unsuitable person shall immediately offer the security to the issuingcorporation, or the interest to the firm, partnership, trust or other businessorganization, for purchase. The corporation shall purchase the security sooffered, or the firm, partnership, trust or other business organization shallpurchase the interest so offered, for cash at fair market value within 10 daysafter the date of the offer.

4. Beginning upon the date when the Commission servesnotice of a determination of unsuitability pursuant to subsection 3, it isunlawful for the unsuitable person:

(a) To receive any dividend or interest upon any suchsecurities, or any dividend, payment or distribution of any kind from anyholding company or intermediary company;

(b) To exercise, directly or indirectly or through anyproxy, trustee or nominee, any voting right conferred by such securities orinterest; or

(c) To receive any remuneration in any form from thecorporation, partnership, limited partnership, limited-liability company orother business organization holding a license or from any holding company orintermediary company with respect thereto, for services rendered or otherwise.

5. Every security issued by a holding company orintermediary company which directly or indirectly:

(a) Owns;

(b) Has the power or right to control; or

(c) Holds with power to vote,

any part ofthe outstanding equity securities of a corporation holding a gaming license orthe interests in a partnership, limited partnership, limited-liability companyor other business organization holding a gaming license shall bear a statement,on both sides of the certificate evidencing such security, of the restrictionsimposed by this section.

6. A holding company or intermediary company subjectto subsection 1 shall not make any public offering of any of its securitiesunless such public offering has been approved by the Commission.

7. The Commission may, at any time and from time totime, by general regulation or selectively, impose on any holding company orintermediary company any requirement not inconsistent with law which it maydeem necessary in the public interest. Without limiting the generality of thepreceding sentence, any such requirement may deal with the same subject matteras, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.

(Added to NRS by 1969, 366; A 1971, 675; 1993, 2005)

NRS 463.595 Individuallicensing of officers, employees and other persons; removal from position iffound unsuitable or if license is denied or revoked; suspension of suitabilityby Commission.

1. Each officer, employee, director, partner,principal, manager, member, trustee or direct or beneficial owner of anyinterest in any holding company or intermediary company, who the Commissiondetermines is or is to become engaged in the administration or supervision of,or any other significant involvement with, the activities of a licensee, mustbe found suitable therefor and may be required to be licensed by theCommission.

2. If any officer, employee, director, partner,principal, manager, member, trustee or direct or beneficial owner required tobe found suitable pursuant to subsection 1 fails to apply for a finding ofsuitability or a gaming license within 30 days after being requested so to doby the Commission, is not found suitable or is denied a license by theCommission, or if his license or the finding of his suitability is revokedafter appropriate findings by the Commission, the holding company orintermediary company, or both, shall immediately remove that person from anyposition in the administration or supervision of, or any other significantinvolvement with, the activities of a licensee. If the Commission suspends thesuitability or license of any officer, employee, director, partner, principal,manager, member, trustee or owner, the holding company or intermediary company,or both, shall, immediately and for the duration of the suspension, suspend himfrom performing any duties in administration or supervision of the activitiesof the licensee and from any other significant involvement therewith.

(Added to NRS by 1969, 368; A 1977, 1439; 1993, 2006)

NRS 463.605 Informationrequired if corporation or other business organization is or becomessubsidiary. If a corporation, partnership,limited partnership, limited-liability company or other business organizationapplying for or holding a license is or becomes a subsidiary, each holdingcompany and intermediary company shall furnish the Board the followinginformation:

1. The organization, financial structure and nature ofthe business it operates.

2. The terms, position, rights and privileges of thedifferent classes of securities outstanding.

3. The terms on which its securities are to be, andduring the preceding 3 years have been, offered to the public or otherwise.

4. The terms and conditions of all outstanding loans,mortgages, trust deeds, pledges or any other indebtedness or security devicepertaining to the gaming licensee.

5. The extent of the security holding or otherinterest in the holding company or intermediary company of all officers,employees, directors, underwriters, partners, principals, managers, members,trustees or any direct or beneficial owner, and any remuneration ascompensation for their services, in the form of salary, wages, fees, or bycontract, pertaining to the gaming licensee.

6. Remuneration to others than directors and officersexceeding $40,000 per annum.

7. Bonus and profit-sharing arrangements.

8. Management and service contracts.

9. Options existing or to be created in respect oftheir securities or other interests.

10. Balance sheets, certified by independent certifiedpublic accountants, for not more than the 3 preceding fiscal years, or, if theholding company or intermediary company has not been in existence more than 3years, balance sheets from the time of its establishment.

11. Profit and loss statements, certified byindependent certified public accountants, for not more than the 3 precedingfiscal years, or, if the holding company or intermediary company has not beenin existence more than 3 years, profit and loss statements from the time of itsestablishment.

12. Any further financial statements which the Boardmay deem necessary or appropriate for the protection of the State of Nevada,licensed gambling, or both.

13. An annual profit and loss statement and an annualbalance sheet, and a copy of its annual federal income tax return, within 30days after such return is filed with the Federal Government.

(Added to NRS by 1969, 368; A 1975, 694; 1993, 2006)

NRS 463.615 Penaltiesfor noncompliance with laws and regulations. Ifany corporation, partnership, limited partnership, limited-liability company orother business organization holding a license or if any holding company orintermediary company with respect thereto, does not comply with the laws ofthis state and the regulations of the Commission, the Commission may, in itsdiscretion, do any one, all or a combination of the following:

1. Revoke, limit, condition or suspend the license ofthe corporation, partnership, limited partnership, limited-liability company orother business organization; or

2. Fine the persons involved, or the corporation,partnership, limited partnership, limited-liability company or other businessorganization holding a license or such holding company or intermediary company,

inaccordance with the laws of this state and the regulations of the Commission.

(Added to NRS by 1969, 369; A 1979, 1529; 1993, 2007)

Corporate Acquisitions, Repurchases of Securities andRecapitalization

NRS 463.621 Legislativedeclaration. The Legislature hereby declares that:

1. Some corporate acquisitions opposed by management,repurchases of securities and corporate defense tactics affecting corporategaming licensees and publicly traded corporations that are affiliated companiescan constitute business practices which may be injurious to stable andproductive corporate gaming.

2. A regulatory scheme established to ameliorate thepotential adverse effects of these business practices upon the gaming industrymust be properly developed to balance the interests of Nevada gaming,interstate commerce and federal regulation of securities.

3. A regulatory scheme established to ameliorate thepotential adverse effects of these business practices upon the gaming industrymay best be accomplished by the adoption and enforcement of regulations by theNevada Gaming Commission.

(Added to NRS by 1987, 1742)

NRS 463.622 Policyof State. The policy of the State of Nevadawith respect to corporate acquisitions, repurchases of securities and corporaterecapitalizations affecting corporate licensees and publicly tradedcorporations that are affiliated companies is to:

1. Assure the financial stability of corporatelicensees and affiliated companies;

2. Preserve the beneficial aspects of conductingbusiness in the corporate form; and

3. Promote a neutral environment for the orderlygovernance of corporate affairs that is consistent with the public policy ofthis state concerning gaming.

(Added to NRS by 1987, 1743)

NRS 463.623 Regulationsconcerning certain corporate acquisitions, repurchases of securities andcorporate defense tactics. The Commission mayadopt regulations providing for the review and approval of corporateacquisitions opposed by management, repurchases of securities and corporatedefense tactics affecting corporate gaming licensees and publicly tradedcorporations that are affiliated companies. The regulations must be consistentwith:

1. The policy of this state as expressed in thischapter;

2. The provisions of this chapter;

3. The requirements of the Constitution of the UnitedStates; and

4. Federal regulation of securities.

(Added to NRS by 1987, 1743)

Publicly Traded Corporations

NRS 463.625 Exemptionsfrom certain requirements; compliance with NRS 463.635 to 463.645,inclusive. The Commission may exempt apublicly traded corporation from compliance with any of the provisions of NRS 463.575 to 463.615, inclusive. To the extent of suchan exemption, the corporation shall comply instead with the provisions of NRS 463.635 to 463.645, inclusive, except as otherwiseordered by the Commission.

(Added to NRS by 1969, 369; A 1971, 676; 1985, 1477;1993, 189)

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

1. A corporation or other legal entity which isorganized under the laws of another country and seeks to register with theCommission as a publicly traded corporation must submit an application to theBoard.

2. The application must provide the Board withinformation showing that the applicants business activities are regulated by agovernmental authority of the foreign country in a manner which will preventthose activities from posing any threat to the control of gaming in this state.

3. The Board may conduct an investigation of theapplicant and the governmental authority responsible for regulation of theapplicant. The Board shall require the applicant to pay the Boards anticipatedexpenses for such an investigation, and may, after completing such aninvestigation, charge the applicant any amount necessary to cover anunderpayment of the actual expenses.

(Added to NRS by 1985, 1476)

NRS 463.633 Registrationof corporation of another country: Matters considered by Board; rejectionwithout hearing. In determining whether to recommendthat the Commission approve such an application, the Board may consider, inaddition to all other requirements of this chapter:

1. Whether the governmental authority in the foreigncountry has an effective system to regulate the applicant and the relationsbetween the investing public and the applicant and other corporations listed onthe exchange;

2. Whether the system includes:

(a) A requirement that the listed corporations makefull disclosure of information to the investing public;

(b) A requirement that the listed corporations fileperiodic reports with the governmental authority;

(c) A method to prevent any manipulation of the pricesof securities or any employment of deceptive or misleading devices; and

(d) A restriction on margins to prevent any excessiveuse of credit for the purchase or carrying of securities listed on theexchange;

3. The availability of means by which the Board andCommission may obtain adequate information from the governmental authority inthe foreign country concerning the applicants activities; and

4. Such other matters as the Board finds it necessaryto consider in order to protect regulated gaming in Nevada.

The Boardmay reject any such application without a hearing.

(Added to NRS by 1985, 1476)

NRS 463.635 Publiclytraded corporation owning or controlling applicant or licensee: Duties; powerof Board and Commission to investigate; procedure for Board to deregistercorporation that ceases to engage in gaming activities.

1. If a corporation, partnership, limited partnership,limited-liability company or other business organization applying for orholding a state gaming license is or becomes owned in whole or in part orcontrolled by a publicly traded corporation, or if a publicly tradedcorporation applies for or holds a state gaming license, the publicly tradedcorporation shall:

(a) Maintain a ledger in the principal office of itssubsidiary which is licensed to conduct gaming in this state, which must:

(1) Reflect the ownership of record of eachoutstanding share of any class of equity security issued by the publicly tradedcorporation. The ledger may initially consist of a copy of its latest list ofequity security holders and thereafter be maintained by adding a copy of suchmaterial as it regularly receives from the transfer agent for its equitysecurities of any class which are outstanding.

(2) Be available for inspection by the Board andthe Commission and their authorized agents at all reasonable times withoutnotice.

(b) Register with the Commission and provide thefollowing information to the Board:

(1) The organization, financial structure andnature of the business of the publicly traded corporation, including the namesof all officers, directors and any employees actively and directly engaged inthe administration or supervision of the activities of the gaming licensee, andthe names, addresses and number of shares held of record by holders of itsequity securities.

(2) The rights and privileges accorded theholders of different classes of its authorized equity securities.

(3) The terms on which its equity securities areto be, and during the preceding 3 years have been, offered by the corporationto the public or otherwise initially issued by it.

(4) The terms and conditions of all itsoutstanding loans, mortgages, trust deeds, pledges or any other indebtedness orsecurity device, directly relating to the gaming activities of the gaminglicensee.

(5) The extent of the equity security holdingsof record in the publicly traded corporation of all officers, directors,underwriters and persons owning of record equity securities of any class of thepublicly traded corporation, and any payment received by any such person fromthe publicly traded corporation for each of its 3 preceding fiscal years forany reason whatever.

(6) Remuneration exceeding $40,000 per annum topersons other than directors and officers who are actively and directly engagedin the administration or supervision of the gaming activities of the gaminglicensee.

(7) Bonus and profit-sharing arrangements of thepublicly traded corporation directly or indirectly relating to the gamingactivities of the gaming licensee.

(8) Management and service contracts of thepublicly traded corporation directly or indirectly relating to the gamingactivities of the gaming licensee.

(9) Options existing or from time to timecreated in respect of its equity securities.

(10) Balance sheets, certified by independentpublic accountants, for at least the 3 preceding fiscal years, or if thepublicly traded corporation has not been incorporated for a period of 3 years,balance sheets from the time of its incorporation. These balance sheets may bethose filed by it with or furnished by it to the Securities and ExchangeCommission.

(11) Profit and loss statements, certified byindependent certified public accountants, for at least the 3 preceding fiscalyears, or, if the publicly traded corporation has not been incorporated for aperiod of 3 years, profit and loss statements from the time of itsincorporation. These profit and loss statements may be those filed by it withor furnished by it to the Securities and Exchange Commission.

(12) Any further information within theknowledge or control of the publicly traded corporation which either the Boardor the Commission may deem necessary or appropriate for the protection of thisstate, or licensed gambling, or both. The Board or the Commission may make suchinvestigation of the publicly traded corporation or any of its officers,directors, security holders or other persons associated therewith as it deemsnecessary.

(c) Apply for an order of registration from theCommission which must set forth a description of the publicly tradedcorporations affiliated companies and intermediary companies, and the variousgaming licenses and approvals obtained by those entities. The Commission mayissue an order of registration upon receipt of a proper application. If theinformation set forth in an order of registration changes, the publicly tradedcorporation shall apply for and the Commission may issue amendments to andrevisions of the order of registration to reflect the changes.

(d) If the publicly traded corporation is a foreigncorporation, qualify to do business in this state.

2. If the Board determines that a publicly tradedcorporation registered with the Commission, or any of its affiliates or intermediarycompanies, have ceased engaging in gaming activities in Nevada, the Board may,upon its own motion, recommend that the Commission deregister the publiclytraded corporation. Before making such a recommendation for deregistration, theBoard shall provide at least 30 days notice to the publicly traded corporationthat it intends to move for deregistration. If the Board is unable to confirmthat notice has been received by the publicly traded corporation, the Boardshall provide notice to the last known address of the registered agent of thepublicly traded corporation. If the Commission issues an order deregisteringthe publicly traded corporation, a copy of the order must be provided to thepublicly traded corporation together with a notice that the publicly tradedcorporation must apply, within 3 years after the date of the order ofderegistration, to the Commission for a refund of any money of the publiclytraded corporation held by the Board. If the Commission is unable to confirmthat the publicly traded corporation has received the order, the Commissionshall provide the order to the last known address of the registered agent ofthe publicly traded corporation. The publicly traded corporation must apply tothe Board for a refund of any investigative or other money of the publiclytraded corporation held by the Board within 3 years after the date ofderegistration. The money of the publicly traded corporation for which a refundis not requested within 3 years after the date of deregistration is presumedabandoned and is subject to the provisions of chapter120A of NRS.

3. The Commission may adopt regulations that generallyor selectively impose on any publicly traded corporation any requirement notinconsistent with law which it may deem necessary in the public interest.Without limiting the generality of the preceding sentence, any such requirementmay deal with the same subject matter as, but be more stringent than, therequirements imposed by NRS 463.482 to 463.645, inclusive.

(Added to NRS by 1969, 369; A 1971, 676; 1975, 695;1979, 1529; 1991, 935; 1993, 189, 2008; 1997, 3505; 2001, 1649)

NRS 463.637 Individuallicensing of directors, officers and employees; removal from position if foundunsuitable or if license is denied or revoked; suspension of suitability byCommission.

1. Each officer, director and employee of a publiclytraded corporation who the Commission determines is or is to become activelyand directly engaged in the administration or supervision of, or any othersignificant involvement with, the gaming activities of the corporation or anyof its affiliated or intermediary companies must be found suitable therefor andmay be required to be licensed by the Commission.

2. If any officer, director or employee of a publiclytraded corporation required to be licensed or found suitable pursuant tosubsection 1 fails to apply for a gaming license or finding of suitabilitywithin 30 days after being requested to do so by the Commission, or is denied alicense or not found suitable by the Commission, or if his license or thefinding of his suitability is revoked after appropriate findings by theCommission, the publicly traded corporation shall immediately remove thatofficer, director or employee from any office or position wherein he isactively and directly engaged in the administration or supervision of, or anyother significant involvement with, the gaming activities of the corporation orany of its affiliated or intermediary companies. If the Commission suspends thefinding of suitability of any officer, director or employee, the publiclytraded corporation shall, immediately and for the duration of the suspension,suspend that officer, director or employee from performance of any dutieswherein he is actively and directly engaged in administration or supervisionof, or any other significant involvement with, the gaming activities of thecorporation or any of its affiliated or intermediary companies.

(Added to NRS by 1969, 371; A 1977, 1439; 1979, 1530;1993, 191)

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

1. Except as otherwise provided in subsection 2, aftera publicly traded corporation has registered pursuant to this chapter, andwhile the publicly traded corporation or any of its affiliated or intermediarycompanies holds a gaming license, the publicly traded corporation shall:

(a) Report promptly to the Commission in writing anychange in its officers, directors or employees who are actively and directlyengaged in the administration or supervision of the gaming activities of thecorporation or any of its affiliated or intermediary companies.

(b) Each year furnish to the Commission a profit andloss statement and a balance sheet of the publicly traded corporation as of theend of the year, and, upon request of the Commission therefor, a copy of thepublicly traded corporations federal income tax return within 30 days afterthe return is filed with the Federal Government. All profit and loss statementsand balance sheets must be submitted within 120 days after the close of thefiscal year to which they relate, and may be those filed by the publicly tradedcorporation with or furnished by it to the Securities and Exchange Commission.

(c) Mail to the Commission a copy of any statement, oramendment thereto, received from a stockholder or group of stockholderspursuant to section 13(d) of the Securities Exchange Act of 1934, as amended,within 10 days after receiving the statement or amendment thereto, and reportpromptly to the Commission in writing any changes in ownership of record of itsequity securities which indicate that any person has become the owner of recordof more than 10 percent of its outstanding equity securities of any class.

(d) Upon request of the Commission, furnish to it acopy of any document filed by the publicly traded corporation with theSecurities and Exchange Commission or with any national or regional securitiesexchange, including documents considered to be confidential in nature, or anydocument furnished by it to any of its equity security holders of any class.

2. A publicly traded corporation which was createdunder the laws of a foreign country shall, instead of complying with subsection1:

(a) Each year furnish to the Commission a profit andloss statement and a balance sheet of the publicly traded corporation as of theend of the year, and, upon request of the Commission therefor, a copy of thepublicly traded corporations federal income tax return within 30 days after thereturn is filed with the Federal Government. All profit and loss statements andbalance sheets must be submitted within 120 days after the close of the fiscalyear to which they relate, and may be those filed by the publicly tradedcorporation with or furnished by it to the foreign governmental agency thatregulates the sale of its securities.

(b) Mail to the Commission a copy of any statement, oramendment thereto, received from a stockholder or group of stockholderspursuant to law, within 10 days after receiving the statement or amendmentthereto, and report promptly to the Commission in writing any changes inownership of record of its equity securities which indicate that any person hasbecome the owner of record of more than 10 percent of its outstanding equitysecurities of any class.

(c) Upon request of the Commission, furnish to it acopy of any document filed by the publicly traded corporation with the foreigngovernmental agency that regulates the sale of its securities or with anynational or regional securities exchange, including documents considered to beconfidential in nature, or any document furnished by it to any of its equitysecurity holders of any class.

(Added to NRS by 1969, 371; A 1977, 1440; 1979, 1531;1985, 1477; 1993, 192)

NRS 463.641 Penaltiesfor noncompliance with laws and regulations. Ifany corporation, partnership, limited partnership, limited-liability company orother business organization holding a license is owned or controlled by apublicly traded corporation subject to the provisions of this chapter, or thatpublicly traded corporation, does not comply with the laws of this state andthe regulations of the Commission, the Commission may in its discretion do anyone, all or a combination of the following:

1. Revoke, limit, condition or suspend the license ofthe licensee; or

2. Fine the persons involved, the licensee or thepublicly traded corporation,

inaccordance with the laws of this state and the regulations of the Commission.

(Added to NRS by 1969, 372; A 1979, 1532; 1993, 2009)

NRS 463.643 Suitabilityof persons acquiring beneficial ownership of voting security or debt securityin publicly traded corporation; report of acquisition; application; penalty.

1. Each person who acquires, directly or indirectly,beneficial ownership of any voting security in a publicly traded corporationwhich is registered with the Commission may be required to be found suitable ifthe Commission has reason to believe that his acquisition of that ownershipwould otherwise be inconsistent with the declared policy of this state.

2. Each person who acquires, directly or indirectly,beneficial ownership of any debt security in a publicly traded corporationwhich is registered with the Commission may be required to be found suitable ifthe Commission has reason to believe that his acquisition of the debt securitywould otherwise be inconsistent with the declared policy of this state.

3. Each person who, individually or in associationwith others, acquires, directly or indirectly, beneficial ownership of morethan 5 percent of any class of voting securities of a publicly tradedcorporation registered with the Nevada Gaming Commission, and who is requiredto report, or voluntarily reports, the acquisition to the Securities and ExchangeCommission pursuant to section 13(d)(1), 13(g) or 16(a) of the SecuritiesExchange Act of 1934, as amended, 15 U.S.C. 78m(d)(1), 78m(g) and 78p(a),respectively, shall file a copy of that report, and any amendments thereto,with the Nevada Gaming Commission within 10 days after filing that report withthe Securities and Exchange Commission.

4. Each person who, individually or in associationwith others, acquires, directly or indirectly, the beneficial ownership of morethan 10 percent of any class of voting securities of a publicly tradedcorporation registered with the Commission, or who is required to report, orvoluntarily reports, such acquisition pursuant to section 13(d)(1), 13(g) or16(a) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. 78m(d)(1), 78m(g) and 78p(a), respectively, shall apply to the Commission for afinding of suitability within 30 days after the Chairman of the Board mails thewritten notice.

5. A person who acquires beneficial ownership of anyvoting security or debt security in a publicly traded corporation created underthe laws of a foreign country which is registered with the Commission shallfile such reports and is subject to such a finding of suitability as theCommission may prescribe.

6. Any person required by the Commission or by thissection to be found suitable shall:

(a) Except as otherwise required in subsection 4, applyfor a finding of suitability within 30 days after the Commission requests thathe do so; and

(b) Together with the application, deposit with theBoard a sum of money which, in the opinion of the Board, will be adequate topay the anticipated costs and charges incurred in the investigation andprocessing of the application, and deposit such additional sums as are requiredby the Board to pay final costs and charges.

7. Any person required by the Commission or thissection to be found suitable who is found unsuitable by the Commission shallnot hold directly or indirectly the beneficial ownership of any voting securityor debt security of a publicly traded corporation which is registered with theCommission beyond the time prescribed by the Commission.

8. The violation of subsection 6 or 7 is a grossmisdemeanor.

9. As used in this section, debt security means anyinstrument generally recognized as a corporate security representing money owedand reflected as debt on the financial statement of a publicly tradedcorporation, including, but not limited to, bonds, notes and debentures.

(Added to NRS by 1977, 1426; A 1985, 1478, 2142;1991, 937; 1995, 207; 2001,3090)

Miscellaneous Provisions

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

1. If any person who is required by or pursuant tothis chapter to be licensed or found suitable because of his connection with acorporation, partnership, limited partnership, limited-liability company orother business organization holding a license, or a holding company orintermediary company, including a publicly traded corporation, fails to applyfor a license or a finding of suitability after being requested to do so by theCommission or is denied a license or a finding of suitability, or if hislicense or finding of suitability is revoked, and his name has been placed onthe list maintained pursuant to subsection 8 of NRS 463.165, the corporation, partnership,limited partnership, limited-liability company, business organization, holdingcompany, intermediary company or any person who directly or indirectlycontrols, is controlled by or is under common control with the corporation,partnership, limited partnership, limited-liability company, businessorganization, holding company or intermediary company shall not, after receiptof written notice from the Commission:

(a) Pay him any remuneration for any service relatingto the activities of a licensee, except for amounts due for services renderedbefore the date of receipt of notice of such action by the Commission. Anycontract or agreement for personal services or the conduct of any activity at alicensed gaming establishment between a former employee whose employment was terminatedbecause of failure to apply for a license or a finding of suitability, denialof a license or finding of suitability, or revocation of a license or a findingof suitability, or any business enterprise under the control of that employeeand the licensee, holding or intermediary company or registered publicly tradedcorporation is subject to termination. Every such agreement shall be deemed toinclude a provision for its termination without liability on the part of thelicensee upon a finding by the Commission that the business or any personassociated therewith is unsuitable to be associated with a gaming enterprise.Failure expressly to include such a condition in the agreement is not a defensein any action brought pursuant to this section to terminate the agreement.

(b) Enter into any contract or agreement with him orwith a business organization that the licensee knows or under the circumstancesreasonably should know is under his control which involves the operations of alicensee, without the prior approval of the Commission.

(c) Employ him in any position involving the activitiesof a licensee without prior approval of the Commission.

2. The name of any person who has been denied alicense, been found unsuitable or had a license or finding of suitabilityrevoked pursuant to subsection 1 must be included on the list required pursuantto subsection 8 of NRS 463.165.

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

LICENSING AND REGULATION OF CERTAIN MANUFACTURERS, SELLERSAND DISTRIBUTORS

NRS 463.650 Licenserequired for manufacture, selling or distribution of gaming device, cashlesswagering system, mobile gaming system or interactive gaming system; exceptions;applicability of NRS 463.482 to 463.645, inclusive.

1. Except as otherwise provided in subsections 2 to 5,inclusive, it is unlawful for any person, either as owner, lessee or employee,whether for hire or not, to operate, carry on, conduct or maintain any form ofmanufacture, selling or distribution of any gaming device, cashless wageringsystem, mobile gaming system or interactive gaming system for use or play inNevada or for distribution outside of Nevada without first procuring andmaintaining all required federal, state, county and municipal licenses.

2. A lessor who specifically acquires equipment for acapital lease is not required to be licensed under this section or NRS 463.660.

3. The holder of a state gaming license or the holdingcompany of a corporation, partnership, limited partnership, limited-liabilitycompany or other business organization holding a license may, within 2 yearsafter cessation of business or upon specific approval by the Board, dispose ofby sale in a manner approved by the Board, any or all of its gaming devices,including slot machines, mobile gaming systems and cashless wagering systems,without a distributors license. In cases of bankruptcy of a state gaminglicensee or foreclosure of a lien by a bank or other person holding a securityinterest for which gaming devices are security in whole or in part for thelien, the Board may authorize the disposition of the gaming devices withoutrequiring a distributors license.

4. The Commission may, by regulation, authorize aperson who owns:

(a) Gaming devices for home use in accordance with NRS 463.160; or

(b) Antique gaming devices,

to sell suchdevices without procuring a license therefor to residents of jurisdictionswherein ownership of such devices is legal.

5. Upon approval by the Board, a gaming device ownedby:

(a) A law enforcement agency;

(b) A court of law; or

(c) A gaming device repair school licensed by theCommission on Postsecondary Education,

may bedisposed of by sale, in a manner approved by the Board, without a distributorslicense. An application for approval must be submitted to the Board in themanner prescribed by the Chairman.

6. Any person who the Commission determines is asuitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturersor distributors license. The burden of proving his qualification to receive orhold a license under this section and NRS463.660 is at all times on the applicant or licensee.

7. Every person who must be licensed pursuant to thissection is subject to the provisions of NRS463.482 to 463.645, inclusive,unless exempted from those provisions by the Commission.

8. The Commission may exempt, for any purpose, amanufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the Commissiondetermines that the exemption is consistent with the purposes of this chapter.

9. As used in this section:

(a) Antique gaming device means a gaming device thatwas manufactured before 1951.

(b) Holding company has the meaning ascribed to it inNRS 463.485.

(Added to NRS by 1967, 1596; A 1969, 651; 1977, 1425,1441, 1445; 1981, 1101; 1983, 1206; 1989, 405, 970; 1993, 314, 829, 831, 2010;1995, 762; 1997, 3508; 2001,3091; 2003,20th Special Session, 14; 2005, 719)

NRS 463.651 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commission. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. A naturalperson who applies for the issuance or renewal of a license as a manufacturer,distributor or seller of gaming devices or mobile gaming systems shall submitto the Commission the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Commission shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commission.

3. A license as a manufacturer, distributor or sellerof gaming devices or mobile gaming systems may not be issued or renewed by theCommission if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commission shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2062; A 2005, 720)

NRS 463.652 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If the Commission receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licenseas a manufacturer, distributor or seller of gaming devices or mobile gamingsystems, the Commission shall deem the license issued to that person to be suspendedat the end of the 30th day after the date on which the court order was issuedunless the Commission receives a letter issued to the holder of the license bythe district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Commission shall reinstate a license as amanufacturer, distributor or seller of gaming devices or mobile gaming systemsthat has been suspended by a district court pursuant to NRS 425.540 if the Commission receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2063; A 2005, 721)

NRS 463.653 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] The applicationof a natural person who applies for the issuance of a license as amanufacturer, distributor or seller of gaming devices or mobile gaming systemsmust include the social security number of the applicant.

(Added to NRS by 1997, 2063; A 2005, 721)

NRS 463.655 Effectof determination that manufacturer or distributor is unsuitable to holdlicense. If the Commission determines that amanufacturer or distributor is unsuitable to receive or hold a license:

1. No new gaming device or associated equipmentmanufactured by the manufacturer or distributed by the distributor may beapproved;

2. Any previously approved device or associatedequipment manufactured by the manufacturer or distributed by the distributor issubject to revocation of approval if the reasons for the denial of the licensealso apply to that device or associated equipment;

3. No new device or associated equipment manufacturedby the manufacturer or distributed by the distributor may be sold, transferredor offered for use or play in Nevada; and

4. Any association or agreement between themanufacturer or distributor and a licensee must be terminated, unless otherwiseprovided by the Commission. An agreement between such a manufacturer ordistributor of gaming devices or associated equipment and a licensee shall bedeemed to include a provision for its termination without liability on the partof the licensee upon a finding by the Commission that the manufacturer isunsuitable to be associated with a gaming enterprise. Failure to include thatcondition in the agreement is not a defense in any action brought pursuant tothis section to terminate the agreement.

5. Failure of a licensee to terminate any associationor agreement with a manufacturer or distributor of gaming devices or associatedequipment after receiving notice of a determination of unsuitability, thedenial of a license or failure to file a timely application for a license is anunsuitable method of operation.

(Added to NRS by 1983, 1205; A 1985, 2143)

NRS 463.660 Amountand disposition of fees for licenses.

1. The Commission shall charge and collect from eachapplicant a fee of:

(a) For the issuance or renewal of a manufacturerslicense, $1,000.

(b) For the issuance or renewal of a sellers ordistributors license, $500.

2. All licenses must be issued for the calendar yearbeginning on January 1 and expiring on December 31. If the operation iscontinuing, the Commission shall charge and collect the fee prescribed bysubsection 1 on or before December 31 for the ensuing calendar year. Regardlessof the date of application or issuance of the license, the fee to be chargedand collected under this section is the full annual fee.

3. All license fees collected pursuant to this sectionmust be paid over immediately to the State Treasurer to be deposited to thecredit of the State General Fund.

(Added to NRS by 1967, 1596; A 1983, 1338; 1999, 1425)

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

1. A manufacturer or distributor of associatedequipment who sells, transfers or offers the associated equipment for use orplay in Nevada may be required by the Commission, upon recommendation of theBoard, to file an application for a finding of suitability to be a manufactureror distributor of associated equipment.

2. Any person who directly or indirectly involveshimself in the sale, transfer or offering for use or play in Nevada of suchassociated equipment who is not otherwise required to be licensed as amanufacturer or distributor may be required by the Commission, uponrecommendation of the Board, to file an application for a finding ofsuitability to be a manufacturer or distributor of associated equipment.

3. If an application for a finding of suitability is notsubmitted to the Board within 30 days after demand by the Commission, it maypursue any remedy or combination of remedies provided in this chapter.

(Added to NRS by 1983, 1205; A 1985, 2144; 1987, 188)

NRS 463.670 Inspectionof gaming devices, associated equipment, cashless wagering systems, mobilegaming systems and interactive gaming systems; fees.

1. The Legislature finds and declares as facts:

(a) That the inspection of gaming devices, associatedequipment, cashless wagering systems, mobile gaming systems and interactivegaming systems is essential to carry out the provisions of this chapter; and

(b) That inspection of gaming devices, associatedequipment, cashless wagering systems, mobile gaming systems and interactivegaming systems is greatly facilitated by the opportunity to inspect componentsbefore assembly and to examine the methods of manufacture.

2. The Board may inspect every gaming device which ismanufactured, sold or distributed:

(a) For use in this State, before the gaming device isput into play.

(b) In this State for use outside this State, beforethe gaming device is shipped out of this State.

3. The Board may inspect every gaming device which isoffered for play within this State by a licensee.

4. The Board may inspect all associated equipment,every cashless wagering system, every mobile gaming system and everyinteractive gaming system which is manufactured, sold or distributed for use inthis State before the equipment or system is installed or used by a licensee andat any time while the licensee is using the equipment or system.

5. In addition to all other fees and charges imposedby this chapter, the Board may determine, charge and collect an inspection feefrom each manufacturer, seller or distributor which must not exceed the actualcost of inspection and investigation.

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

FOREIGN GAMING

NRS 463.680 Definitions. For the purposes of NRS463.680 to 463.720, inclusive:

1. Foreign gaming means the conduct of gamingoutside this state.

2. Licensee means a person who:

(a) Is licensed or required to be licensed pursuant to NRS 463.160, 463.162, 463.167or 463.650;

(b) Is or is required to be licensed, registered orfound suitable pursuant to NRS 463.482to 463.645, inclusive; or

(c) Directly or through one or more intermediariescontrols, is controlled by or is under common control with a person describedin paragraph (a) or (b).

(Added to NRS by 1977, 1419; A 1981, 1102; 1993, 302;1997, 1072)

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

1. A licensee who proposes to participate in foreigngaming shall, no later than 30 days after his execution of a definitiveagreement pertaining to the proposed participation in foreign gaming or hisfiling of an application for licensing or related approval pertaining to theproposed participation, whichever is earlier, deposit with the Board andthereafter maintain a refundable revolving fund in the amount of $10,000 to paythe expenses of investigation by the Board of his participation in foreigngaming. The Commission may in a particular case increase or decrease the requiredamount of the revolving fund, but the Board or Commission shall not require alicensee to establish more than one such revolving fund. Upon the licenseestermination of all proposed and actual participation in foreign gaming, theBoard shall refund the remaining balance in the licensees revolving fund.

2. Before participating in foreign gaming, a licenseeshall provide to the Board such information pertaining to his proposedparticipation as the Board may request.

(Added to NRS by 1977, 1420; A 1993, 302)

NRS 463.710 Documents,reports and other information required to be filed with Board. Unless otherwise ordered by the Board or Commission, alicensee who participates in foreign gaming shall file with the Board:

1. As soon as participation in foreign gaming begins:

(a) All documents filed by him or by an affiliate withthe foreign jurisdiction; and

(b) The systems of accounting and internal controlutilized in the foreign gaming operation and any amendments to the systems assoon as made.

2. Annual operational and regulatory reportsdescribing compliance with regulations, procedures for audit, and proceduresfor surveillance relating to the foreign gaming operation.

3. Quarterly reports regarding any of the followinginformation which is within the knowledge of the licensee:

(a) Any changes in ownership or control of any interestin the foreign gaming operation;

(b) Any changes in officers, directors or key employeesof the foreign gaming operation;

(c) All complaints, disputes, orders to show cause anddisciplinary actions, related to gaming, instituted or presided over by anentity of the United States, a state or any other governmental jurisdictionconcerning the foreign gaming operation;

(d) Any arrest of an employee of the foreign gamingoperation involving cheating or theft, related to gaming, in the foreignjurisdiction; and

(e) Any arrest or conviction of an officer, director,key employee or owner of equity in the foreign gaming operation for an offensethat would constitute a gross misdemeanor or felony in this state.

4. Such other information as the Commission requires byregulation.

(Added to NRS by 1977, 1420; A 1987, 142; 1993, 303;1997, 1073)

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

1. If the Board determines that an actual or intendedactivity or association of a licensee in a foreign gaming operation may beprohibited pursuant to subsection 3 of NRS463.720, the Board may require the licensee to file an application for afinding of suitability to be made by the Commission concerning the activity orassociation. Except as otherwise provided in subsection 2, the licensee shallfile the application for a finding of suitability within 30 days afterreceiving the request from the Board unless the Chairman of the Board grants anextension of time.

2. In lieu of filing an application for a finding ofsuitability pursuant to subsection 1, a licensee may, within 30 days afterreceiving a request from the Board pursuant to subsection 1, petition theCommission to review the request and determine whether the licensee is requiredto file the application.

3. A licensee may, without a request from the Board,file an application for a finding of suitability concerning his actual orintended activity or association in a foreign gaming operation.

4. If the Commission finds that:

(a) An intended activity or association of a licenseein a foreign gaming operation is unsuitable pursuant to subsection 3 of NRS 463.720, the licensee shall not engagein the activity or enter into the association.

(b) An activity or association of a licensee in aforeign gaming operation is prohibited pursuant to subsection 3 of NRS 463.720, the licensee shall terminatethe activity or association within the time prescribed by the Commission.

5. An application for a finding of suitability filedpursuant to this section is subject to the same procedures and standards as anyother application for a finding of suitability filed pursuant to this chapter.

(Added to NRS by 1997, 1072)

NRS 463.720 Prohibitedpractices. A licensee shall not, in a foreigngaming operation, knowingly:

1. Violate a foreign, federal, tribal, state, county,city or township law, regulation, ordinance or rule, or any equivalent thereof,concerning the conduct of gaming;

2. Fail to conduct the operation in accordance withthe standards of honesty and integrity required for gaming in this state;

3. Engage in an activity or enter into an associationthat is unsuitable for a licensee because it:

(a) Poses an unreasonable threat to the control ofgaming in this state;

(b) Reflects or tends to reflect discredit or disreputeupon this state or gaming in this state; or

(c) Is contrary to the public policy of this stateconcerning gaming;

4. Engage in an activity or enter into an associationthat interferes with the ability of this state to collect all license feesimposed by this chapter; or

5. Employ, contract with or associate with a personwhom the Commission or a court in this state has found guilty of cheating or towhom the Commission has denied a gaming license, or finding of suitability, onthe ground of unsuitability.

(Added to NRS by 1977, 1421; A 1993, 304; 1997, 1073)

MOBILE GAMING

NRS 463.730 Licenserequired to operate, manufacture, sell or distribute mobile gaming system or tomanufacture equipment associated with mobile gaming; powers and duties ofCommission; regulations; conditions.

1. Except as otherwise provided in subsection 2, theCommission may, with the advice and assistance of the Board, adopt regulationsgoverning the operation of mobile gaming and the licensing of:

(a) An operator of a mobile gaming system;

(b) A manufacturer, seller or distributor of a mobilegaming system; and

(c) A manufacturer of equipment associated with mobilegaming.

2. The Commission may not adopt regulations pursuantto this section until the Commission first determines that:

(a) Mobile gaming systems are secure and reliable, andprovide reasonable assurance that players will be of lawful age andcommunicating only from areas of licensed gaming establishments that have beenapproved by the Commission for that purpose; and

(b) Mobile gaming can be operated in a manner whichcomplies with all applicable laws.

3. The regulations adopted by the Commission pursuantto this section must:

(a) Provide that gross revenue received by a licensedgaming establishment or the operator or the manufacturer of a mobile gamingsystem from the operation of mobile gaming is subject to the same license feeprovisions of NRS 463.370 as the othergames and gaming devices operated at the licensed gaming establishment.

(b) Provide that a mobile communications device whichdisplays information relating to the game to a participant in the game as partof a mobile gaming system is subject to the same fees and taxes applicable toslot machines as set forth in NRS 463.375and 463.385.

(c) Set forth standards for the location and securityof the computer system and for approval of hardware and software used inconnection with mobile gaming.

(d) Define mobile gaming system, operator of amobile gaming system, equipment associated with mobile gaming and publicarea as the terms are used in this chapter.

(Added to NRS by 2005, 715)

NRS 463.735 Enforceabilityof mobile gaming debts. A debt incurred by apatron in connection with playing a mobile gaming system at a licensed gaming establishmentis valid and may be enforced by legal process.

(Added to NRS by 2005, 716)

INTERACTIVE GAMING

NRS 463.750 Licenserequired for person to operate interactive gaming or to manufacture interactivegaming systems; powers and duties of Commission; regulations; conditions;limitations; penalty.

1. Except as otherwise provided in subsections 2 and3, the Commission may, with the advice and assistance of the Board, adoptregulations governing the licensing and operation of interactive gaming.

2. The Commission may not adopt regulations governingthe licensing and operation of interactive gaming until the Commission firstdetermines that:

(a) Interactive gaming can be operated in compliancewith all applicable laws;

(b) Interactive gaming systems are secure and reliable,and provide reasonable assurance that players will be of lawful age andcommunicating only from jurisdictions where it is lawful to make suchcommunications; and

(c) Such regulations are consistent with the publicpolicy of the State to foster the stability and success of gaming.

3. The regulations adopted by the Commission pursuantto this section must:

(a) Establish the investigation fees for:

(1) A license to operate interactive gaming;

(2) A license for a manufacturer of interactivegaming systems; and

(3) A license for a manufacturer of equipmentassociated with interactive gaming.

(b) Provide that:

(1) A person must hold a license for amanufacturer of interactive gaming systems to supply or provide any interactivegaming system, including, without limitation, any piece of proprietary softwareor hardware; and

(2) A person may be required by the Commissionto hold a license for a manufacturer of equipment associated with interactivegaming.

(c) Set forth standards for the suitability of a personto be licensed as a manufacturer of interactive gaming systems or manufacturerof equipment associated with interactive gaming that are as stringent as thestandards for a nonrestricted license.

(d) Provide that gross revenue received by anestablishment from the operation of interactive gaming is subject to the samelicense fee provisions of NRS 463.370 asthe games and gaming devices of the establishment.

(e) Set forth standards for the location and securityof the computer system and for approval of hardware and software used inconnection with interactive gaming.

(f) Define equipment associated with interactivegaming, interactive gaming system, manufacturer of equipment associatedwith interactive gaming, manufacturer of interactive gaming systems,operate interactive gaming and proprietary hardware and software as theterms are used in this chapter.

4. Except as otherwise provided in subsection 5, theCommission shall not approve a license for an establishment to operateinteractive gaming unless:

(a) In a county whose population is 400,000 or more,the establishment is a resort hotel that holds a nonrestricted license tooperate games and gaming devices.

(b) In a county whose population is more than 40,000but less than 400,000, the establishment is a resort hotel that holds anonrestricted license to operate games and gaming devices or the establishment:

(1) Holds a nonrestricted license for theoperation of games and gaming devices;

(2) Has more than 120 rooms available forsleeping accommodations in the same county;

(3) Has at least one bar with permanent seatingcapacity for more than 30 patrons that serves alcoholic beverages sold by thedrink for consumption on the premises;

(4) Has at least one restaurant with permanentseating capacity for more than 60 patrons that is open to the public 24 hourseach day and 7 days each week; and

(5) Has a gaming area that is at least 18,000square feet in area with at least 1,600 slot machines, 40 table games, and asports book and race pool.

(c) In all other counties, the establishment is aresort hotel that holds a nonrestricted license to operate games and gamingdevices or the establishment:

(1) Has held a nonrestricted license for theoperation of games and gaming devices for at least 5 years before the date ofits application for a license to operate interactive gaming;

(2) Meets the definition of group 1 licensee asset forth in the regulations of the Commission on the date of its applicationfor a license to operate interactive gaming; and

(3) Operates either:

(I) More than 50 rooms for sleepingaccommodations in connection therewith; or

(II) More than 50 gaming devices inconnection therewith.

5. The Commission may:

(a) Issue a license to operate interactive gaming to anaffiliate of an establishment if:

(1) The establishment satisfies the applicablerequirements set forth in subsection 4; and

(2) The affiliate is located in the same countyas the establishment; and

(b) Require an affiliate that receives a licensepursuant to this subsection to comply with any applicable provision of thischapter.

6. It is unlawful for any person, either as owner,lessee or employee, whether for hire or not, either solely or in conjunctionwith others, to operate interactive gaming:

(a) Until the Commission adopts regulations pursuant tothis section; and

(b) Unless the person first procures, and thereaftermaintains in effect, all appropriate licenses as required by the regulationsadopted by the Commission pursuant to this section.

7. A person who violates subsection 6 is guilty of a categoryB felony and shall be punished by imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than 10years or by a fine of not more than $50,000, or both.

(Added to NRS by 2001, 3076)

NRS 463.755 Commissionmay require license for manufacturer and others selling, transferring oroffering equipment associated with interactive gaming.

1. Upon the recommendation of the Board, theCommission may require:

(a) A manufacturer of equipment associated withinteractive gaming who sells, transfers or offers equipment associated withinteractive gaming for use or play in this state to file an application for alicense to be a manufacturer of equipment associated with interactive gaming.

(b) A person who directly or indirectly involveshimself in the sale, transfer or offering for use or play in this state ofequipment associated with interactive gaming who is not otherwise required tobe licensed as a manufacturer or distributor pursuant to this chapter to filean application for a license to be a manufacturer of equipment associated withinteractive gaming.

2. If a person fails to submit an application for alicense to be a manufacturer of equipment associated with interactive gamingwithin 30 days after a demand by the Commission pursuant to this section, theCommission may pursue any remedy or combination of remedies provided in thischapter.

(Added to NRS by 2001, 3078)

NRS 463.760 Initiallicense fee for manufacturers; renewal fee.

1. Before issuing a license for a manufacturer ofinteractive gaming systems or manufacturer of equipment associated withinteractive gaming, the Commission shall charge and collect a license fee of:

(a) One hundred and twenty-five thousand dollars for alicense for a manufacturer of interactive gaming systems; or

(b) Fifty thousand dollars for a license for amanufacturer of equipment associated with interactive gaming.

2. Each license issued pursuant to this section mustbe issued for a 1-year period that begins on the date the license is issued.

3. Before renewing a license issued pursuant to thissection, but in no case later than 1 year after the license was issued orpreviously renewed, the Commission shall charge and collect a renewal fee forthe renewal of the license for the immediately following 1-year period. Therenewal fee for a license for a manufacturer of interactive gaming systems ormanufacturer of equipment associated with interactive gaming is $25,000.

(Added to NRS by 2001, 3078)

NRS 463.765 Initiallicense fee to operate interactive gaming; renewal fee.

1. Before issuing an initial license for anestablishment to operate interactive gaming, the Commission shall charge andcollect from the establishment a license fee of $500,000.

2. Each initial license for an establishment tooperate interactive gaming must be issued for a 2-year period beginning onJanuary 1 of the first year and ending on December 31 of the second year.

3. Notwithstanding the provisions of subsections 1 and2 to the contrary, a license for an establishment to operate interactive gamingmay be issued after January 1 of a calendar year for a period beginning on thedate of issuance of the license and ending on the second December 31 followingthe date of issuance of the license. Before issuing an initial license pursuantto this subsection, the Commission shall charge and collect from theestablishment a license fee of $500,000 prorated by 1/24 for each full monthbetween January 1 of the calendar year and the date of issuance of the license.

4. Before renewing a license issued pursuant to thissection, but in no case later than the second December 31 after the license wasissued or previously renewed, the Commission shall charge and collect a renewalfee of $250,000 for the renewal of the license for the immediately following1-year period.

(Added to NRS by 2001, 3078)

NRS 463.770 Monthlylicense fee based on gross revenue from operating interactive gaming; liabilityof manufacturer entitled to share revenue from interactive gaming system.

1. All gross revenue from operating interactive gamingreceived by an establishment licensed to operate interactive gaming, regardlessof whether any portion of the revenue is shared with another person, must beattributed to the licensee and counted as part of the gross revenue of thelicensee for the purpose of computing the license fee required by NRS 463.370.

2. A manufacturer of interactive gaming systems who isauthorized by an agreement to receive a share of the revenue from aninteractive gaming system from an establishment licensed to operate interactivegaming is liable to the establishment for a portion of the license fee paidpursuant to subsection 1. The portion for which the manufacturer of interactivegaming systems is liable is 6.75 percent of the amount of revenue to which themanufacturer of interactive gaming systems is entitled pursuant to theagreement.

3. For the purposes of subsection 2, the amount ofrevenue to which the manufacturer of interactive gaming systems is entitledpursuant to an agreement to share the revenue from an interactive gamingsystem:

(a) Includes all revenue of the manufacturer ofinteractive gaming systems that is his share of the revenue from theinteractive gaming system pursuant to the agreement; and

(b) Does not include revenue that is the fixed purchaseprice for the sale of a component of the interactive gaming system.

(Added to NRS by 2001, 3079; A 2003, 20thSpecial Session, 213)

NRS 463.775 Exemptionsfrom certain fees and taxes. The operation ofinteractive gaming is exempt from the fees and taxes imposed pursuant to NRS 463.375, 463.380, 463.383and 463.385.

(Added to NRS by 2001, 3078)

NRS 463.780 Enforceabilityof interactive gaming debts. A debt incurredby a patron for play at an interactive gaming system of an establishmentlicensed to operate interactive gaming is valid and may be enforced by legalprocess.

(Added to NRS by 2001, 3078)

EMERGENCY RESPONSE PLANS

NRS 463.790 Resorthotel required to maintain plan; contents; confidentiality.

1. Each resort hotel shall adopt and maintain anemergency response plan. Each new or revised plan must be filed within 3 daysafter adoption or revision with each local fire department and local lawenforcement agency whose jurisdiction includes the area in which the resorthotel is located and with the Division of Emergency Management of theDepartment of Public Safety.

2. The emergency response plan required by subsection1 must include:

(a) A drawing or map of the layout of all areas withinthe building or buildings and grounds that constitute a part of the resorthotel and its support systems and a brief description of the purpose or use foreach area;

(b) A drawing or description of the internal andexternal access routes;

(c) The location and inventory of emergency responseequipment and resources;

(d) The location of any unusually hazardous substances;

(e) The name and telephone number of the emergencyresponse coordinator for the resort hotel;

(f) The location of one or more site emergency responsecommand posts;

(g) A description of any special equipment needed torespond to an emergency at the resort hotel;

(h) An evacuation plan;

(i) A description of any public health or safetyhazards present on the site; and

(j) Any other information requested by a local firedepartment or local law enforcement agency whose jurisdiction includes the areain which the resort hotel is located or by the Division of EmergencyManagement.

3. A plan filed pursuant to the requirements of thissection, including any revisions adopted thereto, is confidential and must besecurely maintained by the department, agency and Division with whom it isfiled. An officer, employee or other person to whom the plan is entrusted bythe department, agency or Division shall not disclose the contents of such aplan except:

(a) Upon the lawful order of a court of competentjurisdiction; or

(b) As is reasonably necessary in the case of anemergency involving public health or safety.

4. As used in this section, the term local lawenforcement agency means:

(a) The sheriffs office of a county;

(b) A metropolitan police department; or

(c) A police department of an incorporated city.

(Added to NRS by 2003, 2954)

 

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