2005 Nevada Revised Statutes - Chapter 464 — Pari-Mutuel Wagering

CHAPTER 464 - PARI-MUTUEL WAGERING

NRS 464.005 Definitions.

NRS 464.010 Licensesrequired.

NRS 464.015 Feefor issuance or renewal of license; disposition.

NRS 464.020 Administrationby Nevada Gaming Commission: Issuance of licenses; times and places forwagering; regulations; authority and procedure for appointing Off-TrackPari-Mutuel Wagering Committee; inspection of books and records of licensees.

NRS 464.025 Regulationsgoverning off-track pari-mutuel wagering; sharing of revenue; approval ofCommission.

NRS 464.040 Limitationson amount and division of commissions; payment and disposition of taxes.

NRS 464.045 Calculationof monthly state license fee to include gross revenue from off-trackpari-mutuel wagering; calculation of gross revenue.

NRS 464.050 Placefor conducting and public viewing of wagering.

NRS 464.060 Wageringoutside enclosure or licensed establishment prohibited.

NRS 464.070 Limitationon wager by agent; off-track wagering by agent prohibited.

NRS 464.075 Alteringvalue of wager for patron prohibited; regulations; exemptions.

NRS 464.080 Suspensionor revocation of license: Hearing; judicial review.

NRS 464.100 Penalty.

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NRS 464.005 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Gross revenue means the amount of the commissionreceived by a licensee that is deducted from off-track pari-mutuel wagering,plus breakage and the face amount of unpaid winning tickets that remain unpaidfor a period specified by the Nevada Gaming Commission.

2. Off-track pari-mutuel system means a computerizedsystem, or component of such a system, that is used with regard to apari-mutuel pool to transmit information such as amounts wagered, odds andpayoffs on races.

3. Off-track pari-mutuel wagering means anypari-mutuel system of wagering approved by the Nevada Gaming Commission for theacceptance of wagers on:

(a) Races which take place outside of this state; or

(b) Sporting events.

4. Operator of a system means a person engaged inproviding an off-track pari-mutuel system.

5. Pari-mutuel system of wagering means any systemwhereby wagers with respect to the outcome of a race or sporting event areplaced in a wagering pool conducted by a person licensed or otherwise permittedto do so under state law, and in which the participants are wagering with eachother and not against that person. The term includes off-track pari-mutuelwagering.

(Added to NRS by 1983, 1891; A 1985, 518; 1987, 634;1991, 1845; 1993, 2049; 1995, 1501; 1997, 3509)

NRS 464.010 Licensesrequired.

1. It is unlawful for any person, either as owner,lessee or employee, whether for hire or not, to operate, carry on, conduct ormaintain in this state, any form of wagering under the pari-mutuel system onany racing or sporting event without having first procured and maintained allrequired federal, state, county and municipal licenses.

2. It is unlawful for any person to function as anoperator of a system without having first obtained a state gaming license.

3. Where any other state license is required toconduct a racing or sporting event, that license must first be procured beforethe pari-mutuel system of wagering may be licensed in connection therewith.

[1:231:1949; 1943 NCL 6226.01] + [Part 10:231:1949;1943 NCL 6226.10](NRS A 1965, 521; 1973, 463; 1981, 1102; 1983, 1892; 1991,1845)

NRS 464.015 Feefor issuance or renewal of license; disposition.

1. In addition to any other fees imposed by law, theNevada Gaming Commission shall charge and collect a fee of $500 from eachapplicant for the issuance or renewal of a license as an operator of a system.The fee must be charged and collected on or before December 31 for the ensuingcalendar year.

2. Each such license must be issued for the calendaryear and expires on December 31. The Nevada Gaming Commission shall not proratethe fee for a license that is issued for less than 1 year.

3. All fees collected pursuant to this section must bepaid over immediately to the State Treasurer to be deposited to the credit ofthe State General Fund.

(Added to NRS by 1993, 315; A 1995, 208)

NRS 464.020 Administrationby Nevada Gaming Commission: Issuance of licenses; times and places forwagering; regulations; authority and procedure for appointing Off-TrackPari-Mutuel Wagering Committee; inspection of books and records of licensees.

1. The Nevada Gaming Commission is charged with theadministration of this chapter for the protection of the public and in thepublic interest.

2. The Nevada Gaming Commission may issue licensespermitting the conduct of the pari-mutuel system of wagering, includingoff-track pari-mutuel wagering, and may adopt, amend and repeal regulationsrelating to the conduct of such wagering.

3. The wagering must be conducted only by the licenseeat the times determined by the Nevada Gaming Commission and only:

(a) Within the enclosure wherein the race or othersporting event which is the subject of the wagering occurs; or

(b) Within a licensed gaming establishment which hasbeen approved to conduct off-track pari-mutuel wagering.

Thissubsection does not prohibit a person licensed to accept, pursuant to regulationsadopted by the Nevada Gaming Commission, off-track pari-mutuel wagers fromaccepting wagers made by wire communication from patrons within the State ofNevada, from other states in which such wagering is legal or from placesoutside the United States in which such wagering is legal.

4. The regulations of the Nevada Gaming Commission mayinclude, without limitation:

(a) Requiring fingerprinting of an applicant orlicensee, or other method of identification.

(b) Requiring information concerning an applicantsantecedents, habits and character.

(c) Prescribing the method and form of applicationwhich any applicant for a license issued pursuant to this chapter must followand complete before consideration of his application by the Nevada GamingCommission.

(d) Prescribing the permissible communicationstechnology and requiring the implementation of border control technology thatwill ensure that a person cannot place a wager with a race book in this Statefrom another state or another location where placing such a wager is illegal.

5. The Nevada Gaming Commission may appoint anOff-Track Pari-Mutuel Wagering Committee consisting of 11 persons who arelicensed to engage in off-track pari-mutuel wagering. If the Commissionappoints such a Committee, it shall appoint to the Committee:

(a) Five members from a list of nominees provided bythe State Association of Gaming Establishments whose members collectively paidthe most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year;

(b) Three members who, in the preceding year, paidgross revenue fees pursuant to NRS 463.370in an amount that was less than the average amount of gross revenue fees paidby licensees engaged in off-track pari-mutuel wagering in the preceding year;and

(c) Three other members.

If a vacancyoccurs in a position on the Committee for any reason, including, but notlimited to, termination of a member, the Commission shall appoint a successormember who satisfies the same criteria in paragraph (a), (b) or (c) thatapplied to the member whose position has been vacated.

6. If the Nevada Gaming Commission appoints anOff-Track Pari-Mutuel Wagering Committee pursuant to subsection 5, theCommission shall:

(a) Grant to the Off-Track Pari-Mutuel WageringCommittee the exclusive right to negotiate an agreement relating to off-trackpari-mutuel wagering with:

(1) A person who is licensed or otherwisepermitted to operate a wagering pool in another state; and

(2) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.

(b) Require the Off-Track Pari-Mutuel WageringCommittee to grant to each person licensed pursuant to this chapter to operatean off-track pari-mutuel race pool the right to receive, on a fair andequitable basis, all services concerning wagering in such a race pool that theCommittee has negotiated to bring into or provide within this State.

7. The Nevada Gaming Commission shall, and it isgranted the power to, demand access to and inspect all books and records of anyperson licensed pursuant to this chapter pertaining to and affecting thesubject of the license.

[2:231:1949; 1943 NCL 6226.02] + [Part 7:231:1949;A 1951, 538; 1953, 701](NRS A 1959, 455; 1965, 521; 1973, 463; 1981, 1947;1983, 1892; 1991, 2148; 1995, 1501; 1997, 3317; 2003, 3408; 2005, 722)

NRS 464.025 Regulationsgoverning off-track pari-mutuel wagering; sharing of revenue; approval ofCommission.

1. The Nevada Gaming Commission, upon therecommendation of the State Gaming Control Board, may adopt regulations for:

(a) The conduct by a licensee of off-track pari-mutuelwagering on a race or sporting event; and

(b) The approval of the terms and conditions of anyagreement between a licensee and an agency of the state in which the race orsporting event takes place or a person licensed or approved by that state toparticipate in the conduct of the race or sporting event or the pari-mutuelsystem of wagering thereon.

2. A person or governmental agency must not receiveany commission or otherwise share in the revenue from the conduct of off-trackpari-mutuel wagering in this state without the approval of the Nevada GamingCommission. The Commission may approve any person or governmental agency aftersuch investigation as the State Gaming Control Board deems proper.

(Added to NRS by 1983, 1891; A 1991, 1080; 1993,2049)

NRS 464.040 Limitationson amount and division of commissions; payment and disposition of taxes.

1. The total commission deducted from pari-mutuelwagering other than off-track pari-mutuel wagering by any licensee licensedpursuant to the provisions of this chapter must not exceed 18 percent of thegross amount of money handled in each pari-mutuel pool operated by him duringthe period of the license.

2. The total commission deducted from off-trackpari-mutuel wagering must be determined by the Nevada Gaming Commission and maybe divided between the persons licensed or approved to participate in theconduct of the race or event or the pari-mutuel system of wagering thereon.Such licensure or approval must be obtained pursuant to this chapter or chapter 463 of NRS and pursuant to regulationswhich may be adopted by the Nevada Gaming Commission.

3. Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering,each licensee shall pay to the Nevada Gaming Commission quarterly on or beforethe last day of the first month of the following quarter of operation for theuse of the State of Nevada a tax at the rate of 3 percent on the total amountof money wagered on any race or sporting event.

4. The licensee may deduct odd cents less than 10cents per dollar in paying bets.

5. Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering,the amount paid to the Nevada Gaming Commission must be, after deducting costsof administration which must not exceed 5 percent of the amount collected, paidover by the Nevada Gaming Commission to the State Treasurer for deposit in theState General Fund.

[Part 7:231:1949; A 1951, 538; 1953, 701](NRS A1959, 456; 1960, 185; 1965, 522; 1967, 721; 1973, 464; 1979, 464; 1981, 1103;1983, 1893; 1987, 635; 1989, 710; 1991, 938, 2148; 1993, 2050)

NRS 464.045 Calculationof monthly state license fee to include gross revenue from off-trackpari-mutuel wagering; calculation of gross revenue.

1. The provisions of subsections 3 and 5 of NRS 464.040 do not apply to personslicensed to conduct off-track pari-mutuel wagering.

2. A licensed gaming establishment is subject to themonthly state license fees and provisions of NRS463.370 on all gross revenue attributable to the operation of an off-trackpari-mutuel system of wagering.

3. In calculating the monthly state license feeimposed by NRS 463.370, a licensee shallnot deduct from gross revenue any promotional allowances, including, withoutlimitation, prizes, payments, premiums, drawings, discounts, rebates, bonuspayouts, benefits or tickets that are redeemable for money or merchandise.

(Added to NRS by 1983, 1892; A 1987, 635; 1989, 710;1991, 1080, 2149; 1997, 3509)

NRS 464.050 Placefor conducting and public viewing of wagering. Alicensee conducting any form of pari-mutuel wagering provided for in thischapter shall provide a place or places in the meeting grounds or enclosure orthe licensed gaming establishment which has been approved to conduct off-trackpari-mutuel wagering:

1. At which the licensee may conduct, operate andsupervise the wagering.

2. Where the progress of the betting and the odds paidmay be open to public view.

[4:231:1949; 1943 NCL 6226.04](NRS A 1965, 522;1983, 1894)

NRS 464.060 Wageringoutside enclosure or licensed establishment prohibited. All other forms of wagering or betting on the results ofany of the races or events licensed under this chapter outside the enclosure orestablishment where the races, events or off-track pari-mutuel wagering arelicensed by the Nevada Gaming Commission are illegal.

[5:231:1949; 1943 NCL 6226.05](NRS A 1959, 457;1983, 1894)

NRS 464.070 Limitationon wager by agent; off-track wagering by agent prohibited. A pari-mutuel wager placed at the enclosure where thewagered race or event is conducted may be made by an agent if the principal ispresent on the premises. All off-track pari-mutuel wagering must be done by aprincipal.

[6:231:1949; 1943 NCL 6226.06](NRS A 1983, 1894)

NRS 464.075 Alteringvalue of wager for patron prohibited; regulations; exemptions.

1. Except as otherwise provided in subsection 4, aperson who is licensed to engage in off-track pari-mutuel wagering shall not:

(a) Accept from a patron less than the full face valueof an off-track pari-mutuel wager;

(b) Agree to refund or rebate to a patron any portionor percentage of the full face value of an off-track pari-mutuel wager; or

(c) Increase the payoff of, or pay a bonus on, awinning off-track pari-mutuel wager.

2. A person who is licensed to engage in off-trackpari-mutuel wagering and who:

(a) Attempts to evade the provisions of subsection 1 byoffering to a patron a wager that is not posted and offered to all patrons; or

(b) Otherwise violates the provisions of subsection 1,

is subjectto the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punishedas provided in those sections.

3. The Nevada Gaming Commission shall adoptregulations to carry out the provisions of subsections 1 and 2 of this section.

4. The Nevada Gaming Commission may, by regulation,exempt certain bets, refunds, rebates, payoffs or bonuses from the provisionsof subsection 1 if the Commission determines that such exemptions are in thebest interests of the State of Nevada and licensed gaming in this state. Anybets, refunds, rebates, payoffs or bonuses that would result in the amount ofsuch bets, refunds, rebates, payoffs or bonuses being directly or indirectlydeductible from gross revenue may not be exempt.

(Added to NRS by 1997, 3316; A 2003, 3409)

NRS 464.080 Suspensionor revocation of license: Hearing; judicial review.

1. All licenses granted under this chapter are subjectto suspension or revocation by the Nevada Gaming Commission in any case wherethe Nevada Gaming Commission has reason to believe that any condition of itslicense has not been complied with or that any law or regulation of the NevadaGaming Commission has been broken or violated.

2. No license may be revoked or suspended until aftera hearing had by the Nevada Gaming Commission. Such a hearing must be initiatedby the filing of a complaint by the State Gaming Control Board and must beconducted in accordance with the provisions of NRS 463.312 to 463.3145, inclusive.

3. The action of the Nevada Gaming Commission inrevoking or suspending a license issued under this chapter is subject to courtreview in accordance with the provisions of NRS463.315 to 463.318, inclusive.

[8:231:1949; 1943 NCL 6226.08](NRS A 1959, 457;1983, 1568)

NRS 464.100 Penalty. Except as otherwise provided in NRS 464.075, a violation of any of theprovisions of this chapter or the regulations adopted pursuant to this chapteris a misdemeanor.

[9:231:1949; 1943 NCL 6226.09](NRS A 1967, 587;1997, 3318)

 

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