(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 171–Senator Rawson

 

February 15, 2001

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Joint Sponsors: Assemblymen Berman and Beers

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Referred to Committee on Judiciary

 

SUMMARY—Revises standards for designation of gaming enterprise districts in certain locations. (BDR 41‑116)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to gaming; revising the standards for designation of gaming enterprise districts in certain locations; 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. NRS 463.3086 is hereby amended to read as follows:

1-2    463.3086  1.  If the location of a proposed establishment:

1-3    (a) Is not within the Las Vegas Boulevard gaming corridor or the rural

1-4  Clark County gaming zone; and

1-5    (b) Is not within a gaming enterprise district,

1-6  the commission shall not approve a nonrestricted license for the

1-7  establishment unless the location of the establishment is designated a

1-8  gaming enterprise district pursuant to this section.

1-9    2.  If a person is proposing to operate an establishment with a

1-10  nonrestricted license and the location of the proposed establishment:

1-11    (a) Is not within the Las Vegas Boulevard gaming corridor or the rural

1-12  Clark County gaming zone; and

1-13    (b) Is not within a gaming enterprise district,

1-14  the person may petition the county, city or town having jurisdiction over

1-15  the location of the proposed establishment to designate the location of the

1-16  proposed establishment a gaming enterprise district pursuant to this

1-17  section.

2-1    3.  If a person files a petition pursuant to subsection 2, the county, city

2-2  or town shall, at least 10 days before the date of the hearing on the petition,

2-3  mail a notice of the hearing to:

2-4    (a) Each owner of real property whose property line is less than 2,500

2-5  feet from the property line of the proposed establishment;

2-6    (b) Each tenant of a mobile home park whose property line is less than

2-7  2,500 feet from the property line of the proposed establishment; and

2-8    (c) Any advisory board that represents one or more owners of real

2-9  property or tenants of a mobile home park whose property line is less than

2-10  2,500 feet from the property line of the proposed establishment.

2-11  The notice must be written in language that is easy to understand and must

2-12  set forth the date, time, place and purpose of the hearing and contain a

2-13  physical description or map of the location of the proposed establishment.

2-14  The petitioner shall pay the costs of providing the notice that is required by

2-15  this subsection.

2-16    4.  Any interested person is entitled to be heard at the hearing on the

2-17  petition.

2-18    5.  The county, city or town shall cause the hearing on the petition to be

2-19  reported by a court reporter who is certified pursuant to chapter 656 of

2-20  NRS. The petitioner shall pay the costs of having the hearing reported.

2-21    6.  At the hearing, the petitioner must prove by clear and convincing

2-22  evidence that:

2-23    (a) The roads, water, sanitation, utilities and related services to the

2-24  location are adequate;

2-25    (b) The proposed establishment will not unduly impact public services,

2-26  consumption of natural resources and the quality of life enjoyed by

2-27  residents of the surrounding neighborhoods;

2-28    (c) The proposed establishment will enhance, expand and stabilize

2-29  employment and the local economy;

2-30    (d) The proposed establishment will be located in an area planned or

2-31  zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;

2-32    (e) The proposed establishment will not be detrimental to the health,

2-33  safety or general welfare of the community or be incompatible with the

2-34  surrounding area;

2-35    (f) On the date that the petition was filed, the property line of the

2-36  proposed establishment and the property line of any related parcel of land

2-37  was not less than:

2-38      (1) [Five] Fifteen hundred feet from the property line of a developed

2-39  residential district; and

2-40      (2) [Fifteen] Twenty-five hundred feet from the property line of a

2-41  public school, private school or structure used primarily for religious

2-42  services or worship; and

2-43    (g) The proposed establishment will not adversely affect:

2-44      (1) A developed residential district; or

2-45      (2) A public school, private school or structure used primarily for

2-46  religious services,

2-47  whose property line is within [2,500] 3,500 feet from the property line of

2-48  the proposed establishment[.

3-1    7.  A three-fourths vote of the governing body of the county, city or

3-2  town is required to] and the property line of any related parcel of land.

3-3    7.  To grant the petition to designate the location of the proposed

3-4  establishment a gaming enterprise district pursuant to this section [.],

3-5  three-fourths of the total membership of the governing body of the

3-6  county, city or town must vote to grant the petition. Notwithstanding the

3-7  provisions of subsection 4 of NRS 281.501, if any member of the

3-8  governing body abstains from voting, the number of votes necessary to

3-9  grant the petition is not reduced as though the member abstaining were

3-10  not a member of the governing body.

3-11    8. A county, city or town that denies a petition submitted pursuant to

3-12  this section shall not consider another petition concerning the same

3-13  location or any portion thereof for 1 year after the date of the denial.

3-14    9. As used in this section:

3-15    (a) “Developed residential district” means a parcel of land zoned

3-16  primarily for residential use in which at least one completed residential unit

3-17  has been constructed on the date that the petitioner files a petition pursuant

3-18  to this section.

3-19    (b) “Private school” has the meaning ascribed to it in NRS 394.103.

3-20    (c) “Public school” has the meaning ascribed to it in NRS 385.007.

3-21    (d) “Related parcel of land” means any parcel of land that is:

3-22      (1) Contiguous to the property line of a proposed establishment;

3-23      (2) Owned or leased by the petitioner or by any subsidiary company,

3-24  holding company, intermediate company or any other form of business

3-25  organization which controls, is controlled by or is under common control

3-26  with the petitioner; and

3-27      (3) Expected to be used for any purpose directly related to the

3-28  operation of the proposed establishment.

3-29    Sec. 2.  The amendatory provisions of this act apply to a petition to

3-30  designate the location of a proposed establishment a gaming enterprise

3-31  district pursuant to NRS 463.3086 that is filed on or after the effective date

3-32  of this act.

3-33    Sec. 3.  This act becomes effective upon passage and approval.

 

3-34  H