Senate Bill No. 513–Committee on Judiciary

(On Behalf of Attorney General)

March 22, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions governing operation of areas containing amusement machines and presence of children in such areas. (BDR 15-311)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to amusement machines; prohibiting children under 18 years of age from being in an arcade or small game room under certain circumstances; requiring a person who operates an arcade or small game room to take certain actions concerning posting signs and enacting security measures; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 207 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 3, 4

1-5 and 5 of this act have the meanings ascribed to them in those sections.

1-6 Sec. 3. "Amusement machine" means a machine or device designed

1-7 to provide amusement that:

1-8 1. Is operated by coins or tokens; and

1-9 2. Is not intended or played for the purpose of gaming.

1-10 The term includes, without limitation, a pinball machine or video

1-11 machine.

1-12 Sec. 4. "Arcade" means a separate room or enclosed area that:

1-13 1. Is intended primarily for the use of amusement machines; and

1-14 2. Contains 25 or more amusement machines.

2-1 Sec. 5. "Small game room" means a separate room or enclosed area

2-2 that:

2-3 1. Is intended primarily for the use of amusement machines; and

2-4 2. Contains fewer than 25 amusement machines.

2-5 Sec. 6. 1. Except as otherwise provided in subsection 2, a child

2-6 under 18 years of age shall not be present in an arcade or small game

2-7 room:

2-8 (a) From Labor Day until Memorial Day:

2-9 (1) Between the hours of 10 p.m. on Sunday, Monday, Tuesday,

2-10 Wednesday or Thursday night and 5 a.m. the following morning; and

2-11 (2) Between the hours of 12 a.m. and 5 a.m. on Saturday and

2-12 Sunday.

2-13 (b) From Memorial Day until Labor Day, between the hours of 12

2-14 a.m. and 5 a.m. on every day.

2-15 2. A child may be present in an arcade or small game room during

2-16 the hours set forth in subsection 1 if the child is:

2-17 (a) Accompanied by his parent, guardian or legal custodian;

2-18 (b) Accompanied by a person who is 21 years of age or older and who

2-19 has been authorized to supervise the child by the parent, guardian or

2-20 legal custodian of the child;

2-21 (c) Legally employed, and the child:

2-22 (1) Is going directly to work from his residence or returning directly

2-23 to his residence from work during the period from 30 minutes before

2-24 work to 30 minutes after work; and

2-25 (2) Has in his immediate possession a signed statement from his

2-26 employer including, without limitation, verification of his employment

2-27 and the hours of his employment;

2-28 (d) Is in the arcade or small game room before 1 a.m., and the child

2-29 is:

2-30 (1) On the property of his residence or the motel or hotel where he

2-31 or his parent, guardian or legal custodian is a registered guest;

2-32 (2) On the sidewalk directly adjacent to the property of his residence

2-33 or the motel or hotel where he or his parent, guardian or legal custodian

2-34 is a registered guest; or

2-35 (3) On the property of a building directly adjacent to the property of

2-36 his residence or the motel or hotel where he or his parent, guardian or

2-37 legal custodian is a registered guest;

2-38 (e) Is in the arcade or small game room before 1 a.m., and the child is

2-39 returning directly to his residence from a scholastic, social or religious

2-40 activity, a meeting or a place used for public entertainment, including,

2-41 without limitation, a theater or a stadium, within 30 minutes after the

2-42 activity he was attending is completed;

3-1 (f) Is traveling between two or more states with the consent of his

3-2 parent, guardian or legal custodian; or

3-3 (g) Is in an emergency situation.

3-4 3. A child under 18 years of age who violates the provisions of this

3-5 section:

3-6 (a) Is guilty of a misdemeanor; and

3-7 (b) Is subject to the provisions of chapter 62 of NRS, unless the child

3-8 is excluded from the jurisdiction of the juvenile court or certified for

3-9 criminal proceedings as an adult in accordance with the provisions of

3-10 that chapter.

3-11 4. A parent, guardian or legal custodian of a child who knowingly

3-12 permits a child to violate the provisions of this section is guilty of a

3-13 misdemeanor and shall be punished by a fine of not more than $500.

3-14 Sec. 7. 1. A person who operates an arcade or small game room

3-15 shall display conspicuously at or near each entrance to the arcade or

3-16 small game room a sign, in lettering of sufficient size to be clearly

3-17 legible, setting forth the following:

3-18 State law prohibits children under 18 years of age who are

3-19 unaccompanied by a parent, guardian, legal custodian or

3-20 responsible adult over the age of 21, from being present in this

3-21 arcade:

3-22 From Labor Day Until Memorial Day

3-23 Between 10 p.m on Sunday, Monday, Tuesday, Wednesday or

3-24 Thursday night until 5 a.m. the following morning.

3-25 Between 12 a.m. and 5 a.m. on Saturday and Sunday.

3-26 From Memorial Day Until Labor Day

3-27 Between 12 a.m. and 5 a.m. on every day.

3-28 2. A person who violates the provisions of this section is guilty of a

3-29 misdemeanor and shall be punished by a fine of not more than $500.

3-30 Sec. 8. 1. A person who operates an arcade shall employ persons

3-31 trained in security measures for the protection of children to staff the

3-32 arcade during all hours that the arcade is open to the public.

3-33 2. A person who operates a small game room shall:

3-34 (a) Employ persons trained in security measures for the protection of

3-35 children to staff the small game room during all hours that the small

3-36 game room is open to the public;

3-37 (b) Employ persons trained in security measures for the protection of

3-38 children to monitor randomly the small game room by entering the small

4-1 game room a minimum of five times each hour during all hours that the

4-2 small game room is open to the public; or

4-3 (c) Install a sufficient number of security or surveillance cameras in

4-4 the small game room and employ persons trained in security measures

4-5 for the protection of children to monitor any such camera during all

4-6 hours that the small game room is open to the public.

4-7 3. A person who operates an arcade or small game room and installs

4-8 and monitors a security or surveillance camera in the arcade or small

4-9 game room shall display in a conspicuous place in the arcade or small

4-10 game room a sign providing notice that the arcade or small game room is

4-11 being monitored by a security or surveillance camera.

4-12 4. A person who violates the provisions of this section is guilty of a

4-13 misdemeanor and shall be punished by a fine of not more than $500.

4-14 Sec. 9. The amendatory provisions of this act do not apply to offenses

4-15 committed before October 1, 1999.

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