Assembly Bill No. 466–Assemblymen Leslie, Parks, Parnell, Gibbons, Anderson, Brower, Chowning, Freeman, Giunchigliani, Humke, Smith and Tiffany
Joint Sponsor: Senator Mathews
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 463 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 9, inclusive, of this act.
1-3 Sec. 2. 1. “Interactive gaming” means the conduct of gambling
1-4 games through the use of communications technology that allows a
1-5 person, utilizing money, checks, electronic checks, electronic transfers
1-6 of money, credit cards, debit cards or any other instrumentality, to
1-7 transmit to a computer information to assist in the placing of a bet or
1-8 wager and corresponding information related to the display of the game,
1-9 game outcomes or other similar information. The term does not include
1-10 the operation of a race book or sports pool that uses communications
1-11 technology approved by the board pursuant to regulations adopted by the
1-12 commission to accept wagers originating within this state for races or
1-13 sporting events.
1-14 2. As used in this section, “communications technology” means any
1-15 method used and the components employed by an establishment to
1-16 facilitate the transmission of information, including, without limitation,
1-17 transmission and reception by systems based on wire, cable, radio,
1-18 microwave, light, optics or computer data networks, including, without
1-19 limitation, the Internet and intranets.
2-1 Sec. 3. 1. Except as otherwise provided in subsections 2 and 3, the
2-2 commission may, with the advice and assistance of the board, adopt
2-3 regulations governing the licensing and operation of interactive gaming.
2-4 2. The commission may not adopt regulations governing the
2-5 licensing and operation of interactive gaming until the commission first
2-6 determines that:
2-7 (a) Interactive gaming can be operated in compliance with all
2-8 applicable laws;
2-9 (b) Interactive gaming systems are secure and reliable, and provide
2-10 reasonable assurance that players will be of lawful age and
2-11 communicating only from jurisdictions where it is lawful to make such
2-12 communications; and
2-13 (c) Such regulations are consistent with the public policy of the state
2-14 to foster the stability and success of gaming.
2-15 3. The regulations adopted by the commission pursuant to this
2-16 section must:
2-17 (a) Establish the investigation fees for:
2-18 (1) A license to operate interactive gaming;
2-19 (2) A license for a manufacturer of interactive gaming systems; and
2-20 (3) A license for a manufacturer of equipment associated with
2-21 interactive gaming.
2-22 (b) Provide that:
2-23 (1) A person must hold a license for a manufacturer of interactive
2-24 gaming systems to supply or provide any interactive gaming system,
2-25 including, without limitation, any piece of proprietary software or
2-26 hardware; and
2-27 (2) A person may be required by the commission to hold a license
2-28 for a manufacturer of equipment associated with interactive gaming.
2-29 (c) Set forth standards for the suitability of a person to be licensed as
2-30 a manufacturer of interactive gaming systems or manufacturer of
2-31 equipment associated with interactive gaming that are as stringent as the
2-32 standards for a nonrestricted license.
2-33 (d) Provide that gross revenue received by an establishment from the
2-34 operation of interactive gaming is subject to the same license fee
2-35 provisions of NRS 463.370 as the games and gaming devices of the
2-36 establishment.
2-37 (e) Set forth standards for the location and security of the computer
2-38 system and for approval of hardware and software used in connection
2-39 with interactive gaming.
2-40 (f) Define “equipment associated with interactive gaming,”
2-41 “interactive gaming system,” “manufacturer of equipment associated
2-42 with interactive gaming,” “manufacturer of interactive gaming
2-43 systems,” “operate interactive gaming” and “proprietary hardware and
2-44 software” as the terms are used in this chapter.
2-45 4. Except as otherwise provided in subsection 5, the commission
2-46 shall not approve a license for an establishment to operate interactive
2-47 gaming unless:
2-48 (a) In a county whose population is 400,000 or more, the
2-49 establishment is a resort hotel that holds a nonrestricted license to
2-50 operate games and gaming devices.
3-1 (b) In a county whose population is more than 40,000 but less than
3-2 400,000, the establishment is a resort hotel that holds a nonrestricted
3-3 license to operate games and gaming devices or the establishment:
3-4 (1) Holds a nonrestricted license for the operation of games and
3-5 gaming devices;
3-6 (2) Has more than 120 rooms available for sleeping
3-7 accommodations in the same county;
3-8 (3) Has at least one bar with permanent seating capacity for more
3-9 than 30 patrons that serves alcoholic beverages sold by the drink for
3-10 consumption on the premises;
3-11 (4) Has at least one restaurant with permanent seating capacity for
3-12 more than 60 patrons that is open to the public 24 hours each day and 7
3-13 days each week; and
3-14 (5) Has a gaming area that is at least 18,000 square feet in area
3-15 with at least 1,600 slot machines, 40 table games, and a sports book and
3-16 race pool.
3-17 (c) In all other counties, the establishment is a resort hotel that holds
3-18 a nonrestricted license to operate games and gaming devices or the
3-19 establishment:
3-20 (1) Has held a nonrestricted license for the operation of games and
3-21 gaming devices for at least 5 years before the date of its application for a
3-22 license to operate interactive gaming;
3-23 (2) Meets the definition of group 1 licensee as set forth in the
3-24 regulations of the commission on the date of its application for a license
3-25 to operate interactive gaming; and
3-26 (3) Operates either:
3-27 (I) More than 50 rooms for sleeping accommodations in
3-28 connection therewith; or
3-29 (II) More than 50 gaming devices in connection therewith.
3-30 5. The commission may:
3-31 (a) Issue a license to operate interactive gaming to an affiliate of an
3-32 establishment if:
3-33 (1) The establishment satisfies the applicable requirements set forth
3-34 in subsection 4; and
3-35 (2) The affiliate is located in the same county as the establishment;
3-36 and
3-37 (b) Require an affiliate that receives a license pursuant to this
3-38 subsection to comply with any applicable provision of this chapter.
3-39 6. It is unlawful for any person, either as owner, lessee or employee,
3-40 whether for hire or not, either solely or in conjunction with others, to
3-41 operate interactive gaming:
3-42 (a) Until the commission adopts regulations pursuant to this section;
3-43 and
3-44 (b) Unless the person first procures, and thereafter maintains in
3-45 effect, all appropriate licenses as required by the regulations adopted by
3-46 the commission pursuant to this section.
3-47 7. A person who violates subsection 6 is guilty of a category B felony
3-48 and shall be punished by imprisonment in the state prison for a
3-49 minimum term of not less than 1 year and a maximum term of not more
3-50 than 10 years or by a fine of not more than $50,000, or both.
4-1 Sec. 4. A debt incurred by a patron for play at an interactive gaming
4-2 system of an establishment licensed to operate interactive gaming is valid
4-3 and may be enforced by legal process.
4-4 Sec. 5. 1. Upon the recommendation of the board, the commission
4-5 may require:
4-6 (a) A manufacturer of equipment associated with interactive gaming
4-7 who sells, transfers or offers equipment associated with interactive
4-8 gaming for use or play in this state to file an application for a license to
4-9 be a manufacturer of equipment associated with interactive gaming.
4-10 (b) A person who directly or indirectly involves himself in the sale,
4-11 transfer or offering for use or play in this state of equipment associated
4-12 with interactive gaming who is not otherwise required to be licensed as a
4-13 manufacturer or distributor pursuant to this chapter to file an
4-14 application for a license to be a manufacturer of equipment associated
4-15 with interactive gaming.
4-16 2. If a person fails to submit an application for a license to be a
4-17 manufacturer of equipment associated with interactive gaming within 30
4-18 days after a demand by the commission pursuant to this section, the
4-19 commission may pursue any remedy or combination of remedies
4-20 provided in this chapter.
4-21 Sec. 6. 1. Before issuing an initial license for an establishment to
4-22 operate interactive gaming, the commission shall charge and collect
4-23 from the establishment a license fee of $500,000.
4-24 2. Each initial license for an establishment to operate interactive
4-25 gaming must be issued for a 2-year period beginning on January 1 of
4-26 the first year and ending on December 31 of the second year.
4-27 3. Notwithstanding the provisions of subsections 1 and 2 to the
4-28 contrary, a license for an establishment to operate interactive gaming
4-29 may be issued after January 1 of a calendar year for a period beginning
4-30 on the date of issuance of the license and ending on the second
4-31 December 31 following the date of issuance of the license. Before
4-32 issuing an initial license pursuant to this subsection, the commission
4-33 shall charge and collect from the establishment a license fee of $500,000
4-34 prorated by 1/24 for each full month between January 1 of the calendar
4-35 year and the date of issuance of the license.
4-36 4. Before renewing a license issued pursuant to this section, but in
4-37 no case later than the second December 31 after the license was issued
4-38 or previously renewed, the commission shall charge and collect a
4-39 renewal fee of $250,000 for the renewal of the license for the
4-40 immediately following 1-year period.
4-41 Sec. 7. The operation of interactive gaming is exempt from the fees
4-42 and taxes imposed pursuant to NRS 463.375, 463.380, 463.383 and
4-43 463.385.
4-44 Sec. 8. 1. Before issuing a license for a manufacturer of
4-45 interactive gaming systems or manufacturer of equipment associated
4-46 with interactive gaming, the commission shall charge and collect a
4-47 license fee of:
4-48 (a) One hundred and twenty-five thousand dollars for a license for a
4-49 manufacturer of interactive gaming systems; or
5-1 (b) Fifty thousand dollars for a license for a manufacturer of
5-2 equipment associated with interactive gaming.
5-3 2. Each license issued pursuant to this section must be issued for a 1
5-4 -year period that begins on the date the license is issued.
5-5 3. Before renewing a license issued pursuant to this section, but in
5-6 no case later than 1 year after the license was issued or previously
5-7 renewed, the commission shall charge and collect a renewal fee for the
5-8 renewal of the license for the immediately following 1-year period. The
5-9 renewal fee for a license for a manufacturer of interactive gaming
5-10 systems or manufacturer of equipment associated with interactive
5-11 gaming is $25,000.
5-12 Sec. 9. 1. All gross revenue from operating interactive gaming
5-13 received by an establishment licensed to operate interactive gaming,
5-14 regardless of whether any portion of the revenue is shared with another
5-15 person, must be attributed to the licensee and counted as part of the
5-16 gross revenue of the licensee for the purpose of computing the license
5-17 fee required by NRS 463.370.
5-18 2. A manufacturer of interactive gaming systems who is authorized
5-19 by an agreement to receive a share of the revenue from an interactive
5-20 gaming system from an establishment licensed to operate interactive
5-21 gaming is liable to the establishment for a portion of the license fee paid
5-22 pursuant to subsection 1. The portion for which the manufacturer of
5-23 interactive gaming systems is liable is 6.25 percent of the amount of
5-24 revenue to which the manufacturer of interactive gaming systems is
5-25 entitled pursuant to the agreement.
5-26 3. For the purposes of subsection 2, the amount of revenue to which
5-27 the manufacturer of interactive gaming systems is entitled pursuant to
5-28 an agreement to share the revenue from an interactive gaming system:
5-29 (a) Includes all revenue of the manufacturer of interactive gaming
5-30 systems that is his share of the revenue from the interactive gaming
5-31 system pursuant to the agreement; and
5-32 (b) Does not include revenue that is the fixed purchase price for the
5-33 sale of a component of the interactive gaming system.
5-34 Sec. 10. NRS 463.013 is hereby amended to read as follows:
5-35 463.013 As used in this chapter, unless the context otherwise requires,
5-36 the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and
5-37 section 2 of this act, have the meanings ascribed to them in those sections.
5-38 Sec. 11. NRS 463.0157 is hereby amended to read as follows:
5-39 463.0157 1. “Gaming employee” means any person connected
5-40 directly with an operator of a slot route, the operator of a pari-mutuel
5-41 system, the operator of an inter-casino linked system or a manufacturer,
5-42 distributor or disseminator, or with the operation of a gaming
5-43 establishment licensed to conduct any game, 16 or more slot machines, a
5-44 race book, sports pool or pari-mutuel wagering, including:
5-45 (a) Accounting or internal auditing personnel who are directly involved
5-46 in any recordkeeping or the examination of records associated with
5-47 revenue from gaming;
5-48 (b) Boxmen;
5-49 (c) Cashiers;
5-50 (d) Change personnel;
6-1 (e) Counting room personnel;
6-2 (f) Dealers;
6-3 (g) Employees of a person required by NRS 464.010 to be licensed to
6-4 operate an off-track pari-mutuel system;
6-5 (h) Employees of a person required by NRS 463.430 to be licensed to
6-6 disseminate information concerning racing;
6-7 (i) Employees of manufacturers or distributors of gaming equipment
6-8 within this state whose duties are directly involved with the manufacture,
6-9 repair or distribution of gaming devices , [or] cashless wagering systems
6-10 [;] , interactive gaming systems or equipment associated with interactive
6-11 gaming;
6-12 (j) Employees of operators of slot routes who have keys for slot
6-13 machines or who accept and transport revenue from the slot drop;
6-14 (k) Employees of operators of inter-casino linked systems or interactive
6-15 gaming systems whose duties include the operational or supervisory
6-16 control of the systems or the games that are part of the systems;
6-17 (l) Floormen;
6-18 (m) Hosts or other persons empowered to extend credit or
6-19 complimentary services;
6-20 (n) Keno runners;
6-21 (o) Keno writers;
6-22 (p) Machine mechanics;
6-23 (q) Odds makers and line setters;
6-24 (r) Security personnel;
6-25 (s) Shift or pit bosses;
6-26 (t) Shills;
6-27 (u) Supervisors or managers;
6-28 (v) Ticket writers; and
6-29 (w) Employees of a person required by NRS 463.160 to be licensed to
6-30 operate an information service.
6-31 2. “Gaming employee” does not include bartenders, cocktail waitresses
6-32 or other persons engaged exclusively in preparing or serving food or
6-33 beverages.
6-34 Sec. 12. NRS 463.0172 is hereby amended to read as follows:
6-35 463.0172 “Manufacturer” means a person who:
6-36 1. Manufactures, assembles, programs or makes modifications to a
6-37 gaming device , [or] cashless wagering system[;] or interactive gaming
6-38 system; or
6-39 2. Designs, assumes responsibility for the design of, controls the
6-40 design or assembly of, or maintains a copyright over the design of , a
6-41 mechanism, electronic circuit or computer program which cannot be
6-42 reasonably demonstrated to have any application other than in a gaming
6-43 device , [or in a] cashless wagering system[,] or interactive gaming
6-44 system for use or play in this state or for distribution outside of this state.
6-45 Sec. 13. NRS 463.0197 is hereby amended to read as follows:
6-46 463.0197 “Work permit” means any card, certificate or permit issued
6-47 by the board or by a county or city licensing authority, whether
6-48 denominated as a work permit, registration card or otherwise, authorizing
6-49 the holder to be employed as a gaming employee in this state or to serve
6-50 as an independent agent. A document issued by any governmental
6-51 authority
7-1 for any employment other than gaming is not a valid work permit for the
7-2 purposes of this chapter.
7-3 Sec. 14. NRS 463.200 is hereby amended to read as follows:
7-4 463.200 1. Application for a state gaming license or other
7-5 commission action [shall] must be made to the board on forms furnished
7-6 by the board and in accordance with the regulations of the commission.
7-7 2. The application for a license [shall] must include:
7-8 (a) The name of the proposed licensee.
7-9 (b) The location of his place or places of business.
7-10 (c) The gambling games, gaming device or slot machines to be
7-11 operated.
7-12 (d) The names of all persons directly or indirectly interested in the
7-13 business and the nature of such interest.
7-14 (e) Such other information and details as the board may require in order
7-15 to discharge its duty properly.
7-16 3. If the application is for a restricted license on premises not owned
7-17 by the applicant, the application must include a sworn and notarized
7-18 statement from the owner or lessor of the premises indicating whether
7-19 the consideration paid by the applicant for the use of the premises has
7-20 been or will be increased because of the operation of gaming on the
7-21 premises.
7-22 4. The board shall furnish to the applicant supplemental forms, which
7-23 the applicant shall complete and file with the application. Such
7-24 supplemental forms [shall] must require, but [shall] must not be limited to,
7-25 complete information and details with respect to the applicant’s
7-26 antecedents, habits, character, criminal record, business activities,
7-27 financial affairs and business associates, covering at least a 10-year period
7-28 immediately preceding the date of filing of the application.
7-29 Sec. 15. NRS 463.245 is hereby amended to read as follows:
7-30 463.245 1. Except as otherwise provided in [subsections 2, 3 and 4]
7-31 this section:
7-32 (a) All licenses issued to the same person, including a wholly owned
7-33 subsidiary of that person, for the operation of any game, including a sports
7-34 pool or race book, which authorize gaming at the same establishment must
7-35 be merged into a single gaming license.
7-36 (b) A gaming license may not be issued to any person if the issuance
7-37 would result in more than one licensed operation at a single establishment,
7-38 whether or not the profits or revenue from gaming are shared between the
7-39 licensed operations.
7-40 2. A person who has been issued a nonrestricted gaming license may
7-41 establish a sports pool or race book on the premises of the establishment at
7-42 which he conducts a nonrestricted gaming operation only after obtaining
7-43 permission from the commission.
7-44 3. A person who has been issued a license to operate a sports pool or
7-45 race book at an establishment may be issued a license to operate a sports
7-46 pool or race book at another establishment if the second establishment is
7-47 operated by a person who has been issued a nonrestricted license.
7-48 4. Nothing in this section limits or prohibits an operator of an inter
7-49 -casino linked system from placing and operating such a system on the
7-50 premises of two or more gaming licensees and receiving, either directly or
8-1 indirectly, any compensation or any percentage or share of the money or
8-2 property played from the linked games in accordance with the provisions
8-3 of this chapter and the regulations adopted by the commission. An inter
8-4 -casino linked system must not be used to link games other than slot
8-5 machines, unless such games are located at an establishment that is
8-6 licensed for games other than slot machines.
8-7 5. The provisions of this section do not apply to a license to operate
8-8 interactive gaming.
8-9 Sec. 16. NRS 463.335 is hereby amended to read as follows:
8-10 463.335 1. The legislature finds that, to protect and promote the
8-11 health, safety, morals, good order and general welfare of the inhabitants of
8-12 the State of Nevada and to carry out the policy declared in NRS 463.0129,
8-13 it is necessary that the board:
8-14 (a) Ascertain and keep itself informed of the identity, prior activities
8-15 and present location of all gaming employees and independent agents in
8-16 the State of Nevada; and
8-17 (b) Maintain confidential records of such information.
8-18 2. Except as otherwise provided in [subsections 3 and 4,] subsection 3,
8-19 a person may not be employed as a gaming employee or serve as an
8-20 independent agent unless he is the holder of[:
8-21 (a) A valid work permit issued in accordance with the applicable
8-22 ordinances or regulations of the county or city in which his duties are
8-23 performed and the provisions of this chapter; or
8-24 (b) A valid work permit issued by the board, if a work permit is not
8-25 required by either the county or the city.] a valid work permit to work as a
8-26 gaming employee issued pursuant to this section. A work permit to work
8-27 as a gaming employee may be issued by the board or by a county or city
8-28 licensing authority. An applicant for a work permit shall file his
8-29 application for a work permit with the licensing authority of the city in
8-30 which he resides if that city requires a work permit. If the city in which
8-31 he resides does not require such a permit, the applicant shall file his
8-32 application with the licensing authority of the county in which he resides
8-33 if that county requires a work permit. If the county in which he resides
8-34 does not require such a permit, the applicant shall file his application
8-35 with the board. The board shall, by regulation, prescribe the form for an
8-36 application for a work permit to work as a gaming employee. The fee for
8-37 such a permit may be charged only to cover the actual investigative and
8-38 administrative costs related to processing an application for such a
8-39 permit and must not exceed $75.
8-40 3. An independent agent is not required to hold a work permit if he is
8-41 not a resident of this state and has registered with the board in accordance
8-42 with the provisions of the regulations adopted by the commission.
8-43 4. [A person may be employed as a gaming employee for an operator
8-44 of a slot machine route and perform duties for his employer in more than
8-45 one county or city without obtaining a valid work permit for each county
8-46 or city in which he performs those duties if the person holds:
8-47 (a) A valid work permit issued in accordance with the applicable
8-48 ordinances or regulations of the county or city in which his duties are
8-49 primarily performed and the provisions of this chapter; or
9-1 (b) A valid work permit issued by the board, if a work permit is not
9-2 required by either the county or the city in which his duties are primarily
9-3 performed.
9-4 5. A gaming employee described in subsection 4 shall notify the
9-5 licensing authority of each city and county in which he performs duties for
9-6 his employer, other than the licensing authority that issued his valid work
9-7 permit, that he has obtained a valid work permit pursuant to subsection 4.
9-8 6.] Upon receipt of an application for a work permit to work as a
9-9 gaming employee, the board or licensing authority shall conduct an
9-10 investigation of the applicant to determine whether he is eligible for the
9-11 permit. In conducting the investigation, the board or licensing authority
9-12 shall forward a complete set of the applicant’s fingerprints to the central
9-13 repository for Nevada records of criminal history for submission to the
9-14 Federal Bureau of Investigation for a report concerning the criminal
9-15 history of the applicant. The investigation need not be limited solely to
9-16 consideration of the results of the report concerning the criminal history
9-17 of the applicant.
9-18 5. A work permit issued to a gaming employee or an independent
9-19 agent must have clearly imprinted thereon a statement that it is valid for
9-20 gaming purposes only.
9-21 6. Unless denied or objected to by the board at the time that the
9-22 permittee filed a notice of a change in his place of employment pursuant
9-23 to subsection 8 and unless suspended or revoked, such a permit expires
9-24 on the fifth anniversary of the permittee’s birthday, measured from the
9-25 birthday nearest the date of issuance or renewal. If the date of birth of a
9-26 permittee is on February 29 in a leap year, for the purposes of this
9-27 section, his date of birth shall be deemed to be on February 28.
9-28 7. Whenever any person applies to a county or city licensing authority
9-29 for the issuance or renewal of a work permit, the county or city officer or
9-30 employee to whom the application is made shall within 24 hours mail or
9-31 deliver a copy thereof to the board, and may at the discretion of the county
9-32 or city licensing authority issue a temporary work permit [.] that is valid
9-33 for 120 days. If within [90] 120 days after receipt by the board of the copy
9-34 of the application, the board has not notified the county or city licensing
9-35 authority of any objection, the authority may issue, renew or deny a
9-36 permanent work permit to the applicant.
9-37 8. A gaming employee who is issued a work permit [must obtain
9-38 renewal of the permit from the issuing agency within 10 days following
9-39 any change of his place of employment. An independent agent who is
9-40 issued a work permit must obtain renewal of the permit from the issuing
9-41 agency within 10 days after executing an agreement to serve as an
9-42 independent agent within the jurisdiction of the issuing agency.
9-43 8.] is eligible for employment in any licensed gaming establishment in
9-44 this state until the work permit is denied or objected to by the board,
9-45 expires or is revoked. However, each such employee shall notify the
9-46 board within 10 days following any change of his place of employment
9-47 at a gaming establishment. Such a notification shall be deemed an
9-48 application for a work permit that the board may deny or object to after
9-49 conducting any investigations the board deems appropriate. The
10-1 provisions of subsections 9 to 16, inclusive, apply to any such objection
10-2 of the board. The commission shall adopt regulations to:
10-3 (a) Facilitate uniform procedures for the issuance of work permits by
10-4 counties and cities;
10-5 (b) Establish uniform criteria for denial by a county or city licensing
10-6 authority of an application for a work permit; and
10-7 (c) Provide for the creation and maintenance of a system of records
10-8 that contain information regarding the current place of employment of
10-9 each person who possesses a valid work permit.
10-10 9. If the board, within the [90-day] 120-day period, notifies:
10-11 (a) The county or city licensing authority; and
10-12 (b) The applicant,
10-13 that the board objects to the granting of a work permit to the applicant, the
10-14 authority shall deny the work permit and shall immediately revoke and
10-15 repossess any temporary work permit which it may have issued. The
10-16 notice of objection by the board which is sent to the applicant must include
10-17 a statement of the facts upon which the board relied in making its
10-18 objection.
10-19 [9. Application for a work permit may be made to the board, and may
10-20 be granted or denied for any cause deemed reasonable by the board.]
10-21 10. Whenever an application for a work permit is made to the board
10-22 and the board denies such an application, it shall include in its notice of
10-23 the denial a statement of the facts upon which it relied in denying the
10-24 application. [Except for a permit issued to a person pursuant to subsection
10-25 4, a permit issued by the board is valid only in a county or city that does
10-26 not require a work permit.
10-27 10.] 11. Any person whose application for a work permit has been
10-28 denied because of an objection by the board or whose application has been
10-29 denied by the board may, not later than 60 days after receiving notice of
10-30 the denial or objection, apply to the board for a hearing. A failure of a
10-31 person whose application has been denied to apply for a hearing within 60
10-32 days or his failure to appear at a hearing of the board conducted pursuant
10-33 to this section shall be deemed to be an admission that the denial or
10-34 objection is well founded, and the failure precludes administrative or
10-35 judicial review. At the hearing, the board shall take any testimony deemed
10-36 necessary. After the hearing the board shall review the testimony taken
10-37 and any other evidence, and shall within 45 days after the date of the
10-38 hearing mail to the applicant its decision sustaining or reversing the denial
10-39 of the work permit or the objection to the issuance of a work permit.
10-40 [11.] 12. The board may object to the issuance of a work permit or
10-41 may refuse to issue a work permit for any cause deemed reasonable by the
10-42 board. The board may object or refuse if the applicant has:
10-43 (a) Failed to disclose or misstated information or otherwise attempted to
10-44 mislead the board with respect to any material fact contained in the
10-45 application for the issuance or renewal of a work permit;
10-46 (b) Knowingly failed to comply with the provisions of this chapter or
10-47 chapter 463B, 464 or 465 of NRS or the regulations of the commission at a
10-48 place of previous employment;
10-49 (c) Committed, attempted or conspired to commit any crime of moral
10-50 turpitude, embezzlement or larceny or any violation of any law pertaining
11-1 to gaming, or any crime which is inimical to the declared policy of this
11-2 state concerning gaming;
11-3 (d) Committed, attempted or conspired to commit a crime which is a
11-4 felony or gross misdemeanor in this state or an offense in another state or
11-5 jurisdiction which would be a felony or gross misdemeanor if committed
11-6 in this state;
11-7 (e) Been identified in the published reports of any federal or state
11-8 legislative or executive body as being a member or associate of organized
11-9 crime, or as being of notorious and unsavory reputation;
11-10 (f) Been placed and remains in the constructive custody of any federal,
11-11 state or municipal law enforcement authority; or
11-12 (g) Had a work permit revoked or committed any act which is a
11-13 ground for the revocation of a work permit or would have been a
11-14 ground for revoking his work permit if he had then held a work
11-15 permit.
11-16 If the board issues or does not object to the issuance of a work permit to an
11-17 applicant , [who has been convicted of a crime which is a felony, gross
11-18 misdemeanor or misdemeanor,] it may specially limit the period for which
11-19 the permit is valid, limit the job classifications for which the holder of the
11-20 permit may be employed and establish such individual conditions for the
11-21 issuance, renewal and effectiveness of the permit as the board deems
11-22 appropriate, including required submission to unscheduled tests for the
11-23 presence of alcohol or controlled substances.
11-24 [12.] 13. Any applicant aggrieved by the decision of the board may,
11-25 within 15 days after the announcement of the decision, apply in writing to
11-26 the commission for review of the decision. Review is limited to the record
11-27 of the proceedings before the board. The commission may sustain, modify
11-28 or reverse the board’s decision. The decision of the commission is subject
11-29 to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
11-30 [13.] 14. Except as otherwise provided in this subsection, all records
11-31 acquired or compiled by the board or commission relating to any
11-32 application made pursuant to this section and all lists of persons to whom
11-33 work permits have been issued or denied and all records of the names or
11-34 identity of persons engaged in the gaming industry in this state are
11-35 confidential and must not be disclosed except in the proper administration
11-36 of this chapter or to an authorized law enforcement agency. Upon receipt
11-37 of a request from the welfare division of the department of human
11-38 resources pursuant to NRS 425.400 for information relating to a specific
11-39 person who has applied for or holds a work permit, the board shall
11-40 disclose to the division his social security number, residential address and
11-41 current employer as that information is listed in the files and records of the
11-42 board. Any record of the board or commission which shows that the
11-43 applicant has been convicted of a crime in another state must show
11-44 whether the crime was a misdemeanor, gross misdemeanor, felony or
11-45 other class of crime as classified by the state in which the crime was
11-46 committed. In a disclosure of the conviction, reference to the classification
11-47 of the crime must be based on the classification in the state where it was
11-48 committed.
11-49 [14. A work permit expires unless renewed in accordance with
11-50 subsection 7, or if the holder thereof is not employed as a gaming
12-1 employee or does not serve as an independent agent within the jurisdiction
12-2 of the issuing authority for more than 90 days.]
12-3 15. The chairman of the board may designate a member of the board or
12-4 the board may appoint a hearing examiner and authorize that person to
12-5 perform on behalf of the board any of the following functions required of
12-6 the board by this section concerning work permits:
12-7 (a) Conducting a hearing and taking testimony;
12-8 (b) Reviewing the testimony and evidence presented at the hearing;
12-9 (c) Making a recommendation to the board based upon the testimony
12-10 and evidence or rendering a decision on behalf of the board to sustain or
12-11 reverse the denial of a work permit or the objection to the issuance or
12-12 renewal of a work permit; and
12-13 (d) Notifying the applicant of the decision.
12-14 16. Notice by the board as provided pursuant to this section is
12-15 sufficient if it is mailed to the applicant’s last known address as indicated
12-16 on the application for a work permit, or the record of the hearing, as the
12-17 case may be. The date of mailing may be proven by a certificate signed by
12-18 an officer or employee of the board which specifies the time the notice
12-19 was mailed. The notice shall be deemed to have been received by the
12-20 applicant 5 days after it is deposited with the United States Postal Service
12-21 with the postage thereon prepaid.
12-22 Sec. 17. NRS 463.3557 is hereby amended to read as follows:
12-23 463.3557 [An]
12-24 1. Except as otherwise provided in subsection 2, an electronic transfer
12-25 of money from a financial institution directly to a game or gaming device
12-26 may not be made with a credit card.
12-27 2. The provisions of subsection 1 do not apply to an interactive
12-28 gaming system.
12-29 Sec. 18. NRS 463.361 is hereby amended to read as follows:
12-30 463.361 1. Except as otherwise provided in section 4 of this act and
12-31 NRS 463.361 to 463.366, inclusive, gaming debts that are not evidenced
12-32 by a credit instrument are void and unenforceable and do not give rise to
12-33 any administrative or civil cause of action.
12-34 2. A claim by a patron of a licensee for payment of a gaming debt that
12-35 is not evidenced by a credit instrument may be resolved in accordance
12-36 with NRS 463.362 to 463.366, inclusive:
12-37 (a) By the board; or
12-38 (b) If the claim is for less than $500, by a hearing examiner designated
12-39 by the board.
12-40 Sec. 19. NRS 463.370 is hereby amended to read as follows:
12-41 463.370 1. Except as otherwise provided in NRS 463.373, the
12-42 commission shall charge and collect from each licensee a license fee based
12-43 upon all the gross revenue of the licensee as follows:
12-44 (a) Three percent of all the gross revenue of the licensee which does not
12-45 exceed $50,000 per calendar month;
12-46 (b) Four percent of all the gross revenue of the licensee which exceeds
12-47 $50,000 per calendar month and does not exceed $134,000 per calendar
12-48 month; and
12-49 (c) Six and one-quarter percent of all the gross revenue of the licensee
12-50 which exceeds $134,000 per calendar month.
13-1 2. Unless the licensee has been operating for less than a full calendar
13-2 month, the commission shall charge and collect the fee prescribed in
13-3 subsection 1, based upon the gross revenue for the preceding calendar
13-4 month, on or before the 24th day of the following month. Except for the
13-5 fee based on the first full month of operation, the fee is an estimated
13-6 payment of the license fee for the third month following the month whose
13-7 gross revenue is used as its basis.
13-8 3. When a licensee has been operating for less than a full calendar
13-9 month, the commission shall charge and collect the fee prescribed in
13-10 subsection 1, based on the gross revenue received during that month, on or
13-11 before the 24th day of the following calendar month of operation. After
13-12 the first full calendar month of operation, the commission shall charge and
13-13 collect the fee based on the gross revenue received during that month, on
13-14 or before the 24th day of the following calendar month. The payment of
13-15 the fee due for the first full calendar month of operation must be
13-16 accompanied by the payment of a fee equal to three times the fee for the
13-17 first full calendar month. This additional amount is an estimated payment
13-18 of the license fees for the next 3 calendar months. Thereafter, each license
13-19 fee must be paid in the manner described in subsection 2. Any deposit held
13-20 by the commission on July 1, 1969, must be treated as an advance
13-21 estimated payment.
13-22 4. All revenue received from any game or gaming device which is
13-23 operated on the premises of a licensee, regardless of whether any portion
13-24 of the revenue is shared with any other person, must be attributed to the
13-25 licensee for the purposes of this section and counted as part of the gross
13-26 revenue of the licensee. Any other person, including, without limitation,
13-27 an operator of an inter-casino linked system, who is authorized to receive a
13-28 share of the revenue from any game, gaming device or inter-casino linked
13-29 system that is operated on the premises of a licensee is liable to the
13-30 licensee for that person’s proportionate share of the license fees paid by
13-31 the licensee pursuant to this section and shall remit or credit the full
13-32 proportionate share to the licensee on or before the 24th day of each
13-33 calendar month. The proportionate share of an operator of an inter-casino
13-34 linked system must be based on all compensation and other consideration
13-35 received by the operator of the inter-casino linked system, including,
13-36 without limitation, amounts that accrue to the meter of the primary
13-37 progressive jackpot of the inter-casino linked system and amounts that
13-38 fund the reserves of such a jackpot, subject to all appropriate adjustments
13-39 for deductions, credits, offsets and exclusions that the licensee is entitled
13-40 to take or receive pursuant to the provisions of this chapter. A licensee is
13-41 not liable to any other person authorized to receive a share of the
13-42 licensee’s revenue from any game, gaming device or inter-casino linked
13-43 system that is operated on the premises of the licensee for that person’s
13-44 proportionate share of the license fees to be remitted or credited to the
13-45 licensee by that person pursuant to this section.
13-46 5. An operator of an inter-casino linked system shall not enter into any
13-47 agreement or arrangement with a licensee that provides for the operator of
13-48 the inter-casino linked system to be liable to the licensee for less than its
13-49 full proportionate share of the license fees paid by the licensee pursuant to
14-1 this section, whether accomplished through a rebate, refund, charge-back
14-2 or otherwise.
14-3 6. Any person required to pay a fee pursuant to this section shall file
14-4 with the commission, on or before the 24th day of each calendar month, a
14-5 report showing the amount of all gross revenue received during the
14-6 preceding calendar month. Each report must be accompanied by:
14-7 (a) The fee due based on the revenue of the month covered by the
14-8 report; and
14-9 (b) An adjustment for the difference between the estimated fee
14-10 previously paid for the month covered by the report, if any, and the fee
14-11 due for the actual gross revenue earned in that month. If the adjustment is
14-12 less than zero, a credit must be applied to the estimated fee due with that
14-13 report.
14-14 7. If the amount of license fees required to be reported and paid
14-15 pursuant to this section is later determined to be greater or less than the
14-16 amount actually reported and paid, the commission shall:
14-17 (a) Charge and collect the additional license fees determined to be due,
14-18 with interest thereon until paid; or
14-19 (b) Refund any overpayment to the person entitled thereto pursuant to
14-20 this chapter, with interest thereon.
14-21 Interest pursuant to paragraph (a) must be computed at the rate prescribed
14-22 in NRS 17.130 from the first day of the first month following [either] the
14-23 due date of the additional license fees [or the date of overpayment] until
14-24 paid. Interest pursuant to paragraph (b) must be computed at one-half
14-25 the rate prescribed in NRS 17.130 from the first day of the first month
14-26 following the date of overpayment until paid.
14-27 8. Failure to pay the fees provided for in this section shall be deemed a
14-28 surrender of the license at the expiration of the period for which the
14-29 estimated payment of fees has been made, as established in subsection 2.
14-30 9. Except as otherwise provided in NRS 463.386, the amount of the
14-31 fee prescribed in subsection 1 must not be prorated.
14-32 10. Except as otherwise provided in NRS 463.386, if a licensee ceases
14-33 operation, the commission shall:
14-34 (a) Charge and collect the additional license fees determined to be due
14-35 with interest[;] computed pursuant to paragraph (a) of subsection 7; or
14-36 (b) Refund any overpayment[, with interest thereon,] to the licensee
14-37 [,] with interest computed pursuant to paragraph (b) of
14-38 subsection 7,
14-39 based upon the gross revenue of the licensee during the last 3 months
14-40 immediately preceding the cessation of operation, or portions of those last
14-41 3 months.
14-42 11. If in any month, the amount of gross revenue is less than zero, the
14-43 licensee may offset the loss against gross revenue in succeeding months
14-44 until the loss has been fully offset.
14-45 12. If in any month, the amount of the license fee due is less than zero,
14-46 the licensee is entitled to receive a credit against any license fees due in
14-47 succeeding months until the credit has been fully offset.
14-48 Sec. 20. NRS 463.387 is hereby amended to read as follows:
14-49 463.387 1. State gaming license fees or taxes paid in excess of the
14-50 amount required to be reported and paid may be refunded, upon the
14-51 approval of the commission, as other claims against the state are paid.
15-1 2. Within 90 days after the mailing of the notice of the commission’s
15-2 action upon a claim for refund filed pursuant to this chapter, the claimant
15-3 may bring an action against the commission on the grounds set forth in the
15-4 claim in any court of competent jurisdiction for the recovery of the whole
15-5 or any part of the amount with respect to which the claim has been
15-6 disallowed.
15-7 3. Failure to bring an action within the time specified in subsection 2
15-8 constitutes a waiver of any demand against the state on account of alleged
15-9 overpayments.
15-10 4. Within 20 days after the mailing of the notice of the commission’s
15-11 action upon a claim for refund filed pursuant to this chapter, the claimant
15-12 may file a motion for rehearing with the commission. The commission
15-13 must take action on the motion for rehearing within 50 days after it has
15-14 been filed with the commission. If the motion for rehearing is granted, the
15-15 commission’s earlier action upon the claim for refund is rescinded and the
15-16 90-day period specified in subsection 2 does not begin until the
15-17 commission mails notice of its action upon the claim following the
15-18 rehearing.
15-19 5. If the commission fails to mail its notice of action on a claim within
15-20 6 months after the claim is filed or reheard, the claimant may consider the
15-21 claim disallowed and bring an action against the commission on the
15-22 grounds set forth in the claim for the recovery of the whole or any part of
15-23 the amount claimed as an overpayment.
15-24 6. In any case where a refund is granted, interest must be allowed at
15-25 one-half the rate prescribed in NRS 17.130 upon the amount found to
15-26 have been erroneously paid from the first day of the first month following
15-27 the date of overpayment until paid. The commission may in its discretion
15-28 deny or limit the payment of interest if it finds that the claimant has failed
15-29 to file a claim for a refund within 90 days after receiving written
15-30 notification of overpayment from the board or has impeded the board’s
15-31 ability to process the claim in a timely manner.
15-32 7. Notwithstanding the provisions of NRS 353.115, any claim for
15-33 refund of state gaming license fees or taxes paid in excess of the amount
15-34 required to be reported and paid[,] must be filed with the commission
15-35 within 5 years after the date of overpayment and not thereafter.
15-36 8. The provisions of this chapter must not be construed to permit the
15-37 proration of state gaming taxes or license fees for purposes of a refund.
15-38 Sec. 21. NRS 463.400 is hereby amended to read as follows:
15-39 463.400 Any person who willfully fails to report, pay or truthfully
15-40 account for and pay over the license fees imposed by NRS 463.370,
15-41 463.373 to 463.3855, inclusive, and sections 6 to 9, inclusive, of this act,
15-42 463.390 and 463.450, or willfully attempts in any manner to evade or
15-43 defeat any such tax or payment thereof, or any licensee who puts
15-44 additional games into play without authority of the commission to do so or
15-45 any licensee who fails to remit any license fee provided for by this chapter
15-46 when due is in addition to the amount due liable for a penalty of the
15-47 amount of the license fee evaded or not paid, collected or paid over. The
15-48 penalty must be assessed and collected in the same manner as are other
15-49 charges, license fees and penalties under this chapter.
16-1 Sec. 22. NRS 463.403 is hereby amended to read as follows:
16-2 463.403 1. Every person required to pay the tax imposed by NRS
16-3 463.401 shall file with the commission, on or before the 24th day of each
16-4 month, a report showing the amount of all taxable receipts for the
16-5 preceding month.
16-6 2. Each report must be accompanied by the amount of tax which is due
16-7 for the month covered by the report.
16-8 3. If the amount of tax required to be reported and paid pursuant to
16-9 NRS 463.401 is later determined to be greater or less than the amount
16-10 actually reported and paid, the commission shall:
16-11 (a) Charge and collect the additional tax determined to be due, with
16-12 interest thereon until paid; or
16-13 (b) Refund any overpayment to the person entitled thereto pursuant to
16-14 this chapter, with interest thereon.
16-15 Interest [is] pursuant to paragraph (a) must be computed at the rate
16-16 prescribed in NRS 17.130 from the first day of the first month following
16-17 [either] the due date of the additional tax [or the date of overpayment]
16-18 until paid. Interest pursuant to paragraph (b) must be computed at one
16-19 -half the rate prescribed in NRS 17.130 from the first day of the first
16-20 month following the date of overpayment until paid.
16-21 Sec. 23. NRS 463.450 is hereby amended to read as follows:
16-22 463.450 1. Any disseminator of such information obtaining a license
16-23 under NRS 463.430 to 463.480, inclusive, shall pay to the commission a
16-24 fee of 4.25 percent of the total fees collected from users each calendar
16-25 month for the dissemination of live broadcasts.
16-26 2. The commission shall collect the fee on or before the last day of
16-27 each calendar month for the preceding calendar month.
16-28 3. If the amount of the fee required by this section to be reported and
16-29 paid is determined to be different than the amount reported or paid by the
16-30 licensee, the commission shall:
16-31 (a) Charge and collect any additional fee determined to be due, with
16-32 interest thereon until paid; or
16-33 (b) Refund any overpaid fees to the person entitled thereto pursuant to
16-34 this chapter, with interest thereon.
16-35 Interest [is] pursuant to paragraph (a) must be computed at the rate
16-36 prescribed in NRS 17.130 from the first day of the first calendar month
16-37 following [either] the due date of the additional license fees [or the date of
16-38 overpayment] until paid. Interest pursuant to paragraph (b) must be
16-39 computed at one-half the rate prescribed in NRS 17.130 from the first
16-40 day of the first month following the date of overpayment until paid.
16-41 4. The commission shall remit all fees collected, less any fees refunded
16-42 pursuant to subsection 3, to the state treasurer for deposit to the credit of
16-43 the state general fund.
16-44 Sec. 24. NRS 463.482 is hereby amended to read as follows:
16-45 463.482 As used in NRS 463.160 to 463.170, inclusive, and section 3
16-46 of this act, 463.368, 463.386 and 463.482 to 463.645, inclusive, unless the
16-47 context otherwise requires, the words and terms defined in NRS 463.4825
16-48 to 463.488, inclusive, have the meanings ascribed to them in those
16-49 sections.
17-1 Sec. 25. NRS 463.643 is hereby amended to read as follows:
17-2 463.643 1. Each person who acquires, directly or indirectly,
17-3 beneficial ownership of any voting security in a publicly traded
17-4 corporation which is registered with the commission may be required to be
17-5 found suitable if the commission has reason to believe that his acquisition
17-6 of [such] that ownership would otherwise be inconsistent with the
17-7 declared policy of this state.
17-8 2. Each person who acquires, directly or indirectly, beneficial
17-9 ownership of any debt security in a publicly traded corporation which is
17-10 registered with the commission may be required to be found suitable if the
17-11 commission has reason to believe that his acquisition of [such] the debt
17-12 security would otherwise be inconsistent with the declared policy of this
17-13 state.
17-14 3. Each person who, individually or in association with others,
17-15 acquires, directly or indirectly, beneficial ownership of more than 5
17-16 percent of any class of voting securities of a publicly traded corporation
17-17 registered with the Nevada gaming commission, and who is required to
17-18 report, or voluntarily reports, [such] the acquisition to the Securities and
17-19 Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the
17-20 Securities Exchange Act of 1934, as amended , [(]15 U.S.C. §§
17-21 78m(d)(1), 78m(g) and 78p(a), respectively , [),] shall file a copy of that
17-22 report, and any amendments thereto, with the Nevada gaming commission
17-23 within 10 days after filing that report with the Securities and Exchange
17-24 Commission.
17-25 4. Each person who, individually or in association with others,
17-26 acquires, directly or indirectly, the beneficial ownership of more than 10
17-27 percent of any class of voting securities of a publicly traded corporation
17-28 registered with the commission, [and] or who is required to report, or
17-29 voluntarily reports, [the] such acquisition pursuant to section 13(d)(1),
17-30 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended , [(]15
17-31 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively , [),] shall apply to
17-32 the commission for a finding of suitability within 30 days after the
17-33 chairman of the board mails the written notice.
17-34 5. A person who acquires beneficial ownership of any voting security
17-35 or debt security in a publicly traded corporation created under the laws of
17-36 a foreign country which is registered with the commission shall file such
17-37 reports and is subject to such a finding of suitability as the commission
17-38 may prescribe.
17-39 6. Any person required by the commission or by this section to be
17-40 found suitable shall:
17-41 (a) Except as otherwise required in subsection 4, apply for a finding of
17-42 suitability within 30 days after the commission requests that he do so; and
17-43 (b) Together with the application, deposit with the board a sum of
17-44 money which, in the opinion of the board, will be adequate to pay the
17-45 anticipated costs and charges incurred in the investigation and processing
17-46 of the application, and deposit such additional sums as are required by the
17-47 board to pay final costs and charges.
17-48 7. Any person required by the commission or this section to be found
17-49 suitable who is found unsuitable by the commission shall not hold directly
17-50 or indirectly the beneficial ownership of any voting security or debt
18-1 security of a publicly traded corporation which is registered with the
18-2 commission beyond the time prescribed by the commission.
18-3 8. The violation of subsection 6 or 7 is a gross misdemeanor.
18-4 9. As used in this section, “debt security” means any instrument
18-5 generally recognized as a corporate security representing money owed and
18-6 reflected as debt on the financial statement of a publicly traded
18-7 corporation, including, but not limited to, bonds, notes and debentures.
18-8 Sec. 26. NRS 463.650 is hereby amended to read as follows:
18-9 463.650 1. Except as otherwise provided in subsections 2 to 5,
18-10 inclusive, it is unlawful for any person, either as owner, lessee or
18-11 employee, whether for hire or not, to operate, carry on, conduct or
18-12 maintain any form of manufacture, selling or distribution of any gaming
18-13 device , [or] cashless wagering system or interactive gaming system for
18-14 use or play in Nevada or for distribution outside of Nevada without first
18-15 procuring and maintaining all required federal, state, county and municipal
18-16 licenses.
18-17 2. A lessor who specifically acquires equipment for a capital lease is
18-18 not required to be licensed under this section or NRS 463.660.
18-19 3. The holder of a state gaming license or the holding company of a
18-20 corporation, partnership, limited partnership, limited-liability company or
18-21 other business organization holding a license may, within 2 years after
18-22 cessation of business or upon specific approval by the board, dispose of by
18-23 sale in a manner approved by the board, any or all of its gaming devices,
18-24 including slot machines, and cashless wagering systems, without a
18-25 distributor’s license. In cases of bankruptcy of a state gaming licensee or
18-26 foreclosure of a lien by a bank or other person holding a security interest
18-27 for which gaming devices are security in whole or in part for the lien, the
18-28 board may authorize the disposition of the gaming devices without
18-29 requiring a distributor’s license.
18-30 4. The commission may, by regulation, authorize a person who owns
18-31 gaming devices for home use in accordance with NRS 463.160 to sell such
18-32 devices without procuring a license therefor.
18-33 5. Upon approval by the board, a gaming device owned by:
18-34 (a) A law enforcement agency;
18-35 (b) A court of law; or
18-36 (c) A gaming device repair school licensed by the commission on
18-37 postsecondary education,
18-38 may be disposed of by sale, in a manner approved by the board, without a
18-39 distributor’s license. An application for approval must be submitted to the
18-40 board in the manner prescribed by the chairman.
18-41 6. Any person whom the commission determines is a suitable person to
18-42 receive a license under the provisions of this section and NRS 463.660
18-43 may be issued a manufacturer’s or distributor’s license. The burden of
18-44 proving his qualification to receive or hold a license under this section and
18-45 NRS 463.660 is at all times on the applicant or licensee.
18-46 7. Every person who must be licensed pursuant to this section is
18-47 subject to the provisions of NRS 463.482 to 463.645, inclusive, unless
18-48 exempted from those provisions by the commission.
19-1 8. The commission may exempt, for any purpose, a manufacturer,
19-2 seller or distributor from the provisions of NRS 463.482 to 463.645,
19-3 inclusive, if the commission determines that the exemption is consistent
19-4 with the purposes of this chapter.
19-5 9. As used in this section, “holding company” has the meaning
19-6 ascribed to it in NRS 463.485.
19-7 Sec. 27. NRS 463.670 is hereby amended to read as follows:
19-8 463.670 1. The legislature finds and declares as facts:
19-9 (a) That the inspection of gaming devices, associated equipment , [and]
19-10 cashless wagering systems and interactive gaming systems is essential to
19-11 carry out the provisions of this chapter; and
19-12 (b) That inspection of gaming devices, associated equipment , [and]
19-13 cashless wagering systems and interactive gaming systems is greatly
19-14 facilitated by the opportunity to inspect components before assembly and
19-15 to examine the methods of manufacture.
19-16 2. The board may inspect every gaming device which is manufactured,
19-17 sold or distributed:
19-18 (a) For use in this state, before the gaming device is put into play.
19-19 (b) In this state for use outside this state, before the gaming device is
19-20 shipped out of this state.
19-21 3. The board may inspect every gaming device which is offered for
19-22 play within this state by a licensee.
19-23 4. The board may inspect all associated equipment , [and] every
19-24 cashless wagering system and every interactive gaming system which is
19-25 manufactured, sold or distributed for use in this state before the equipment
19-26 or system is installed or used by a licensee and at any time while the
19-27 licensee is using the equipment or system.
19-28 5. In addition to all other fees and charges imposed by this chapter, the
19-29 board may determine, charge and collect an inspection fee from each
19-30 manufacturer, seller or distributor which must not exceed the actual cost of
19-31 inspection and investigation.
19-32 Sec. 28. NRS 463A.010 is hereby amended to read as follows:
19-33 463A.010 The legislature finds and declares that:
19-34 1. The relationship which exists between a labor organization and the
19-35 employees whom it represents or seeks to represent in collective
19-36 bargaining is such that it may significantly affect the conduct of a gaming
19-37 operation by an employer.
19-38 2. In the past, attempts have been made by persons whose background
19-39 is not suitable for association with licensed gaming to gain positions of
19-40 control in labor organizations representing or seeking to represent gaming
19-41 casino employees in this state.
19-42 3. In order to carry out the declared policy of this state that licensed
19-43 gaming be conducted freely and honestly, and in order to protect the
19-44 welfare of the employees of the gaming industry which is fundamental to
19-45 the economy of this state, it is necessary to determine the suitability of any
19-46 person who performs or seeks to perform certain significant functions in
19-47 the representation of gaming casino employees in this state.
20-1 Sec. 29. NRS 463A.020 is hereby amended to read as follows:
20-2 463A.020 As used in this chapter:
20-3 1. “Board” means the state gaming control board.
20-4 2. “Commission” means the Nevada gaming commission.
20-5 3. “Gaming casino employee” means any person employed directly or
20-6 indirectly in the operation of a gaming establishment under a nonrestricted
20-7 license, including:
20-8 (a) All personnel involved in the operation of a casino gaming pit, such
20-9 as dealers, shills, clerks, hosts, junket representatives and the supervisors
20-10 of such persons;
20-11 (b) All personnel involved in handling money, such as cashiers, change
20-12 persons, count teams, coin wrappers and the supervisors of such persons;
20-13 (c) All personnel involved in the operation of games, such as bingo and
20-14 keno;
20-15 (d) All personnel involved in operating and maintaining slot machines,
20-16 such as mechanics, floormen, change and payoff persons and the
20-17 supervisors of such persons;
20-18 (e) All personnel involved in security, such as guards, games observers
20-19 and the supervisors of such persons;
20-20 (f) All personnel involved in the operation of a race or sports book, such
20-21 as writers, boardmen, cashiers and the supervisors of such persons;
20-22 (g) All personnel involved in the operation of a pari-mutuel operation
20-23 licensed under chapter 464 of NRS and any sporting event on which such
20-24 pari-mutuel wagering is conducted; and
20-25 (h) Such other persons whose duties are similar to the classifications set
20-26 forth in paragraphs (a) to (g), inclusive, as the commission may from time
20-27 to time designate by regulation,
20-28 but does not include personnel whose duties are related solely to such
20-29 nongaming activities as entertainment, hotel operation, maintenance and
20-30 the preparation and serving of food and beverages.
20-31 4. “Labor organization” means an organization of any kind, or any
20-32 agency or employee representation committee or plan, which exists for the
20-33 purpose, in whole or in part, of dealing or seeking to deal with employers
20-34 of gaming casino employees concerning grievances, labor disputes, wages,
20-35 rates of pay, hours of employment or conditions of work of gaming casino
20-36 employees.
20-37 Sec. 30. NRS 463A.030 is hereby amended to read as follows:
20-38 463A.030 1. [Every] Not later than the date on which a labor
20-39 organization which represents or seeks to represent gaming casino
20-40 employees in this state begins an organizational activity directed at a
20-41 gaming casino employee, the labor organization shall file with the board
20-42 a list of its personnel who:
20-43 (a) Adjust or seek to adjust grievances for, negotiate or administer the
20-44 wages, hours, working conditions or conditions of employment of any
20-45 gaming casino employee;
20-46 (b) Solicit, collect or receive or seek to solicit, collect or receive any
20-47 dues, assessments, levies, fines, contributions or other charges within this
20-48 state for or on behalf of the organization from gaming casino employees;
20-49 or
20-50 (c) Act as officers, members of the governing body, business agents or
20-51 in any other policymaking or supervisory position in the organization.
21-1 2. Each person listed shall file with the board his fingerprints and
21-2 complete information in writing concerning his labor organization
21-3 activities, prior performance of the same or similar functions, previous
21-4 employment or occupational history, and criminal record if any, covering
21-5 at least a 10-year period unless the board determines that a shorter period
21-6 is appropriate.
21-7 3. The commission shall by regulation prescribe the frequency or
21-8 circumstances or both with or under which the list [shall] must be revised.
21-9 4. The commission may by regulation prescribe:
21-10 (a) Any further information to be required concerning each person listed
21-11 or each person performing a particular function.
21-12 (b) The addition of other personnel to the list whose duties significantly
21-13 affect the conduct of a gaming operation.
21-14 5. In adopting regulations pursuant to this section, the commission
21-15 shall proceed in the manner prescribed in chapter 463 of NRS.
21-16 6. For the purposes of this section, “organizational activity” means:
21-17 (a) Soliciting membership by direct personal contact;
21-18 (b) Distributing cards regarding interests or representation; or
21-19 (c) Distributing or posting a flyer, poster or advertisement.
21-20 Sec. 31. NRS 463A.050 is hereby amended to read as follows:
21-21 463A.050 1. To determine suitability under and compliance with the
21-22 provisions of this chapter, the board may investigate any person whose
21-23 name is listed by a labor organization or who it believes is performing or
21-24 seeking to perform a function which requires listing. For this purpose , the
21-25 board is vested with all of the powers which it possesses for the
21-26 investigation of an applicant for or holder of a state gaming license, and
21-27 may further make such examination as it reasonably deems necessary of
21-28 the financial records of any labor organization for whom such a person is
21-29 performing or seeking to perform such a function.
21-30 2. The cost of any investigation required by this section [shall] must be
21-31 paid by the board from [moneys] money appropriated or authorized to be
21-32 used for this purpose.
21-33 3. Whenever the board undertakes an investigation pursuant to this
21-34 section, [it] the board shall employ or consult with some person who has a
21-35 professional background in the field of labor relations. The same services
21-36 may be retained to assist the commission upon any subsequent hearing of
21-37 the matter.
21-38 4. The board shall, if appropriate, recommend to the commission that a
21-39 person investigated be disqualified.
21-40 Sec. 32. NRS 463A.060 is hereby amended to read as follows:
21-41 463A.060 1. If the board recommends that a person be disqualified,
21-42 the commission shall serve upon the person and the labor organization for
21-43 which the person is performing his function [anotice,a] or seeking to
21-44 perform that function:
21-45 (a) A notice;
21-46 (b) A statement of the reasons for the recommendation ; and [three]
21-47 (c) Three copies of a form entitled “Notice of Defense.”
21-48 2. The notice of defense must read substantially as follows:
22-1 NOTICE OF DEFENSE
22-2 Instructions to Respondents: Two copies of this form should be
22-3 filed with the Nevada gaming commission, Carson City, Nevada,
22-4 within 15 days after service upon you of the enclosed complaint.
22-5 The form must be signed by you or on your behalf. You will note
22-6 that blanks are provided for any information you wish to supply.
22-7 Yes No
22-8 1. Do you request a hearing? ¨ ¨
22-9 2. Do you admit the facts stated in the complaint? ¨ ¨
22-10 If you admit some of the facts stated in
22-11 the complaint, but deny others, please
22-12 specify:
22-13 (space for answer)
22-14 3. Are there any defenses or explanations which
22-15 you believe the commission should Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
22-16 consider?¨ ¨
22-17 If so, please specify:
22-18 (space for answer)
22-19 4. Do you wish to state any legal objections to the
22-20 complaint? ¨ ¨
22-21 If so, please specify:
22-22 (space for answer)
22-23 Note: If you fail to file two copies of this form as specified,
22-24 the commission may proceed upon the complaint without a
22-25 hearing.
22-26 Sec. 33. NRS 465.070 is hereby amended to read as follows:
22-27 465.070 It is unlawful for any person:
22-28 1. To alter or misrepresent the outcome of a game or other event on
22-29 which wagers have been made after the outcome is made sure but before it
22-30 is revealed to the players.
22-31 2. To place, increase or decrease a bet or to determine the course of
22-32 play after acquiring knowledge, not available to all players, of the outcome
22-33 of the game or any event that affects the outcome of the game or which is
22-34 the subject of the bet or to aid anyone in acquiring such knowledge for the
22-35 purpose of placing, increasing or decreasing a bet or determining the
22-36 course of play contingent upon that event or outcome.
22-37 3. To claim, collect or take, or attempt to claim, collect or take, money
22-38 or anything of value in or from a gambling game, with intent to defraud,
22-39 without having made a wager contingent thereon, or to claim, collect or
22-40 take an amount greater than the amount won.
23-1 4. Knowingly to entice or induce another to go to any place where a
23-2 gambling game is being conducted or operated in violation of the
23-3 provisions of this chapter, with the intent that the other person play or
23-4 participate in that gambling game.
23-5 5. To place or increase a bet after acquiring knowledge of the outcome
23-6 of the game or other event which is the subject of the bet, including past
23-7 -posting and pressing bets.
23-8 6. To reduce the amount wagered or cancel the bet after acquiring
23-9 knowledge of the outcome of the game or other event which is the subject
23-10 of the bet, including pinching bets.
23-11 7. To manipulate, with the intent to cheat, any component of a gaming
23-12 device in a manner contrary to the designed and normal operational
23-13 purpose for the component, including, but not limited to, varying the pull
23-14 of the handle of a slot machine, with knowledge that the manipulation
23-15 affects the outcome of the game or with knowledge of any event that
23-16 affects the outcome of the game.
23-17 8. To offer, promise or give anything of value to anyone for the
23-18 purpose of influencing the outcome of a race, sporting event, contest or
23-19 game upon which a wager may be made, or to place, increase or
23-20 decrease a wager after acquiring knowledge, not available to the general
23-21 public, that anyone has been offered, promised or given anything of
23-22 value for the purpose of influencing the outcome of the race, sporting
23-23 event, contest or game upon which the wager is placed, increased or
23-24 decreased.
23-25 9. To change or alter the normal outcome of any game played on an
23-26 interactive gaming system or the way in which the outcome is reported to
23-27 any participant in the game.
23-28 Sec. 34. 1. The Nevada gaming commission shall, on or before
23-29 January 1, 2003, adopt regulations to carry out the amendatory provisions
23-30 of section 16 of this act and transmit a copy of those regulations to each
23-31 county and city licensing authority that issues work permits to work as a
23-32 gaming employee.
23-33 2. The amendatory provisions of sections 13 and 16 of this act apply to
23-34 any work permit to work as a gaming employee that is issued by the state
23-35 gaming control board or a county or city licensing authority on or after
23-36 January 1, 2003.
23-37 3. On or after January 1, 2003, a county or city licensing authority is
23-38 prohibited from issuing a work permit to work as a gaming employee that
23-39 does not comply with the provisions of this act and the regulations adopted
23-40 by the Nevada gaming commission.
23-41 4. A work permit to work as a gaming employee that was issued before
23-42 January 1, 2003, is valid until it expires or is revoked in accordance with
23-43 the provisions of NRS 463.335 that remain in effect until January 1, 2003.
23-44 Sec. 35. The amendatory provisions of this act do not apply to
23-45 offenses committed before July 1, 2001.
23-46 Sec. 36. 1. This section and sections 28 to 32, inclusive, of this act
23-47 become effective upon passage and approval.
23-48 2. Sections 16 and 34 of this act become effective upon passage and
23-49 approval for purposes related to the adoption and dissemination of
23-50 regulations by the Nevada gaming commission and on January 1, 2003, for
23-51 all other purposes.
24-1 3. Sections 1 to 12, inclusive, 14, 15, 17 to 27, inclusive, 33 and 35 of
24-2 this act become effective on July 1, 2001.
24-3 4. Section 13 of this act becomes effective on January 1, 2003.
24-4 20~~~~~01