Nevada Gaming Control Board

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Added to NRS by , ; A , ; , The term also includes the fees paid by a disseminator of information concerning racing. The term does not include the Internet. A state gaming license for, or an operation consisting of, 16 or more slot machines;.

A license for, or operation of, any number of slot machines together with any other game, gaming device, race book or sports pool at one establishment;.

A license for, or the operation of, a slot machine route;. A license for, or the operation of, an inter-casino linked system; or. A license for, or the operation of, a mobile gaming system. Added to NRS by , 4. The term includes a proposed regulation and the amendment or repeal of a prior regulation, but does not include:. A statement concerning only the internal management of the Board or Commission and not affecting the rights or procedures available to any licensee or other person;.

An interagency memorandum or a memorandum between the Board and the Commission;. Any notice concerning the fees to be charged which are necessary for the administration of this chapter. At least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;. At least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and.

Added to NRS by , ; A , ; , , Added to NRS by , ; A , , The Attorney General and his or her deputies are the legal advisers for the Commission and the Board and shall represent the Commission and the Board in any proceeding to which either is a party. Members who are appointed by the Governor serve at the pleasure of the Governor. Members who are Legislators serve terms beginning when the Legislature convenes and continuing until the next regular session of the Legislature is convened.

Except as otherwise provided in subsection 6, the Governor may call meetings of the Gaming Policy Committee for the exclusive purpose of discussing matters of gaming policy. The recommendations concerning gaming policy made by the Committee pursuant to this subsection are advisory and not binding on the Board or the Commission in the performance of their duties and functions.

An appeal filed pursuant to NRS The Review Panel must consist of the members of the Committee who are identified in paragraphs a , b and e of subsection 2 and subparagraph 1 of paragraph f of subsection 2. The Governor, as Chair of the Committee, may appoint an advisory committee on gaming education. An advisory committee appointed pursuant to this subsection must:.

An advisory committee created pursuant to subsection 7 shall:. Harrah College of Hotel Administration of the University of Nevada, Las Vegas, to determine how to align such entities with the needs of the gaming industry;. The Nevada Gaming Commission, consisting of five members, is hereby created.

No member of the Legislature, no person holding any elective office in the State Government, nor any officer or official of any political party shall be eligible to appointment to the Commission. It is the intention of the Legislature that the Commission shall be composed of the most qualified persons available, preferably no two of whom shall be of the same profession or major field of industry; but no person actively engaged or having a direct pecuniary interest in gaming activities shall be a member of the Commission.

Not more than three members of the Commission shall be of the same major political affiliation. The Governor shall appoint members of the Commission and designate the member to serve as Chair of the Commission.

After the initial terms, the term of office for each member of the Commission is 4 years. The Commission members shall devote such time to the business of the Commission as may be necessary to the discharge of their duties. Before entering upon the duties of office, each member shall subscribe to the constitutional oath of office and, in addition, swear that the member is not actively engaged in and does not hold a direct pecuniary interest in gaming activities.

The Board shall furnish to the Commission such administrative and clerical services and such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as the Commission may deem necessary or desirable in carrying out its functions. Except as otherwise provided in this chapter, all costs of administration incurred by the Board on behalf of the Commission shall be paid out on claims from the General Fund in the State Treasury in the same manner as other claims against the State are paid.

Added to NRS by , ; A , ; , ; , , ; , ; , The Commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration. Regular and special meetings of the Commission may be held, at the discretion of the Commission, at such times and places as it may deem convenient, but at least one regular meeting may be held each month on or after the 15th day of the month.

The Nevada Gaming Control Board, consisting of three members, is hereby created. No member of the Legislature, no person holding any elective office in the State Government, nor any officer or official of any political party is eligible for appointment to the Board. It is the intention of the Legislature that the Board be composed of the most qualified persons available. The Chair of the Board, who is its Executive Director, must have at least 5 years of responsible administrative experience in public or business administration or possess broad management skills.

One member of the Board must be a certified public accountant certified or licensed by this state or another state of the United States or a public accountant qualified to practice public accounting under the provisions of chapter of NRS, have 5 years of progressively responsible experience in general accounting, and have a comprehensive knowledge of the principles and practices of corporate finance; or such person must possess the qualifications of an expert in the fields of corporate finance and auditing, general finance, gaming or economics.

One member of the Board must be selected with special reference to his or her training and experience in the fields of investigation, law enforcement, law or gaming. The term of office of each member of the Board is 4 years, commencing on the last Monday in January. The Governor shall appoint the members of the Board and designate one member to serve as Chair and Executive Director, who shall coordinate the activities of the Board. The Governor may remove any member for misfeasance, malfeasance or nonfeasance in office.

Removal may be made after:. If a hearing is not requested, a member is removed effective 10 days after service of charges upon the member. A record of the proceedings at the public hearing must be filed with the Secretary of State. Except as otherwise provided in NRS A member shall not be pecuniarily interested in any business or organization holding a gaming license under this chapter or doing business with any person or organization licensed under this chapter.

Before entering upon the duties of office, each member shall subscribe to the constitutional oath of office and, in addition, swear that the member is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization.

The oath of office shall be filed in the Office of the Secretary of State. The Board members are each entitled to receive an annual salary in the amount specified by the Legislature. Except as otherwise provided in this chapter, all costs of administration incurred by the Board must be paid out on claims from the State General Fund in the same manner as other claims against the State are paid.

The Board shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Board and Commission may require.

The members of the Board and all the personnel of the Board, except clerical employees and employees described in NRS They are entitled to such leaves of absence as the Board prescribes, but such leaves must not be of lesser duration than those provided for other state employees pursuant to chapter of NRS. Employees described in NRS Clerical employees of the Board are in the classified service but are exempt from the provisions of chapter of NRS for purposes of removal.

They are entitled to receive an annual salary which must be fixed in accordance with the pay plan adopted under the provisions of that chapter.

The Board shall establish, and modify as necessary, a comprehensive plan governing employment, job classifications and performance standards, and retention or discharge of employees to assure that termination or other adverse action is not taken against such employees except for cause. The plan must include provisions for hearings in personnel matters and for review of adverse actions taken in those matters.

The Executive Secretary is entitled to an annual salary in the amount specified by the Commission within the limits of legislative appropriations or authorizations. The Board may employ the services of such persons as it considers necessary for the purposes of consultation or investigation.

The Board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this State as the Chair of the Board deems necessary for the efficient operation of the Board in space provided by the Buildings and Grounds Section. Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS The Board may hold regular and special meetings at such times and places as it may deem convenient, and it may hold at least one regular meeting each month.

All meetings of the Board are open to the public except for investigative hearings which may be conducted in private at the discretion of the Board or hearing examiner. A majority of the members constitutes a quorum of the Board, and a majority of members present at any meeting determines the action of the Board.

Investigative hearings may be conducted by one or more members with the concurrence of a majority of the Board, or by a hearing examiner appointed by the Board, without notice, at such times and places, within or without the State of Nevada, as may be convenient. The Board and the Commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board and the Commission.

These records are open to public inspection. The Board shall maintain a file of all applications for licenses under this chapter and chapter of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection. The Board and the Commission may maintain such other files and records as they may deem desirable. Except as otherwise provided in this section, all information and data:. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country.

Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the Board or Commission. Notwithstanding any other provision of state law, any and all information and data prepared or obtained by an agent or employee of the Board or Commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of chapters to , inclusive, of NRS or any regulations adopted pursuant thereto, are confidential and absolutely privileged and may be revealed in whole or in part only in the course of the necessary administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission.

Notwithstanding any other provision of state law, if any applicant or licensee provides or communicates any information and data to an agent or employee of the Board or Commission in connection with its regulatory, investigative or enforcement authority:.

Before the beginning of each legislative session, the Board shall submit to the Legislative Commission for its review and for the use of the Legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the Commission. The files, records and reports of the Board are open at all times to inspection by the Commission and its authorized agents. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada Tax Commission must be made available to the Board and the Nevada Gaming Commission as is necessary to the administration of this chapter.

On or before January 15 of each year, the Board shall prepare and furnish to the Commission a report that shows all debts owed to the Board that became or remained delinquent during the preceding year.

The Board shall include in the report the amount of any delinquent debt that the Board determines is impossible or impractical to collect.

For any amount of debt the Nevada Gaming Control Board determines is impossible or impractical to collect, the Nevada Gaming Control Board shall request that the State Board of Examiners designate such amount as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the State Board of Examiners, may designate the debt as bad debt if the State Board of Examiners is satisfied that the collection of the debt is impossible or impractical.

Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof.

Upon receiving the notification, the State Controller shall direct the removal of the bad debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada. The State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section.

For each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.

A gaming licensee, or a director, officer, employee, affiliate or agent of the gaming licensee, who makes a disclosure to the Commission, the Board or any other law enforcement agency of a possible violation or circumvention of law or regulation regarding a transaction involving cash has absolute immunity from civil liability for that disclosure or for the failure to notify a person involved in the transaction or any other person of that disclosure. The absolute privilege set forth in NRS For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the Board, books, papers and records as necessary to conduct the audits.

The former licensee shall maintain all books, papers and records necessary for audits for 1 year after the date of the surrender or revocation of his or her gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, the former licensee must maintain all books, papers and records until a final order is entered on the determination.

The Board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter, chapter of NRS involving a crime against the property of a gaming licensee, NRS The Board and the Commission or any of its members has full power and authority to issue subpoenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath.

Any process or notice may be served in the manner provided for service of process and notices in civil actions. The Board or the Commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper.

Any person making false oath in any matter before either the Board or Commission is guilty of perjury. The Board and Commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath. The Board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which Commission approval is required or permission is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to ensure that licenses are not issued or held by, nor is there any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified, disqualified or unsuitable persons, or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations.

To request and receive information from the Federal Bureau of Investigation concerning an investigation of an applicant pursuant to this section, the Board must receive a complete set of fingerprints of the applicant which the Board must forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Board has full and absolute power and authority to recommend the denial of any application, the limitation, conditioning or restriction of any license, registration, finding of suitability or approval, the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved for any cause deemed reasonable by the Board.

The Commission has full and absolute power and authority to deny any application or limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or fine any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the Commission.

The Commission or Board shall initiate proceedings or actions appropriate to enforce the provisions of this chapter and chapter of NRS, and may request that a district attorney or recommend that the Attorney General prosecute any public offense committed in violation of any provision of this chapter or of chapter , B , or of NRS. If the Board initiates any action or proceeding or requests the prosecution of any offense, it shall immediately notify the Commission.

An action may be brought even though the person owing the amount is no longer a gaming licensee under the provisions of this chapter. The Commission may exercise any proper power and authority necessary to perform the duties assigned to it by the Legislature, and is not limited by any enumeration of powers in this chapter.

The Commission and the Board may refuse to reveal, in any court or administrative proceeding except a proceeding brought by the State of Nevada, the identity of an informant, or the information obtained from the informant, or both the identity and the information. Notwithstanding any other provision of law, in the event of a budgetary or other fiscal crisis which necessitates a temporary closure of the nonessential state agencies of the State of Nevada, the Board, the Commission and their agents shall be deemed to be essential employees and shall continue to perform their duties.

Except as otherwise provided in NRS A. The Commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation. The petition must state, clearly and concisely:. In any hearing held pursuant to this section, the Commission or its authorized representative may administer oaths or affirmations, and may continue or postpone the hearing from time to time and at such places as it prescribes.

The Commission may request the advice and assistance of the Board in carrying out the provisions of this section. Added to NRS by , ; A , ; , ; , ; , ; , ; , ; , 22nd Special Session, ; , The Commission shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter.

These regulations must, without limiting the general powers herein conferred, include the following:. The Legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments which conduct pari-mutuel wagering or operate any race book, sports pool or games, other than slot machines only, is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gaming. The Commission may by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment which conducts pari-mutuel wagering or operates any race book, sports pool or games, other than slot machines only.

The list may include any person whose presence in the establishment is determined by the Board and the Commission to pose a threat to the interests of this state or to licensed gaming, or both. In making that determination, the Board and the Commission may consider any:.

Race, color, creed, national origin or ancestry, sex, sexual orientation, or gender identity or expression must not be grounds for placing the name of a person upon the list. Whenever the name and description of any person is placed on a list pursuant to NRS By certified mail to the last known address of such person; or.

By publication daily for 1 week in one of the principal newspapers published in the City of Reno and in one of the principal newspapers published in the City of Las Vegas, Nevada. Within 30 days after service by mail or in person or 60 days after the last publication, as provided in NRS Upon receipt of a demand for hearing, the Commission shall set a time and place for the hearing.

This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by agreement of the Commission and the person demanding the hearing. If, upon completion of the hearing, the Commission determines that:. This order is subject to review by any court of competent jurisdiction in accordance with the provisions of NRS The Commission may revoke, limit, condition, suspend or fine an individual licensee or licensed gaming establishment which conducts pari-mutuel wagering or operates any race book, sports pool or games, other than slot machines only, in accordance with the laws of this state and the regulations of the Commission, if that establishment or any individual licensee affiliated therewith knowingly fails to exclude or eject from the premises of the licensed establishment any person placed on the list of persons to be excluded or ejected.

Any person who has been placed on the list of persons to be excluded or ejected from any licensed gaming establishment pursuant to NRS The Commission shall, with the advice and assistance of the Board, adopt regulations conforming to the requirements of NRS The Commission shall by regulation:.

Prescribe minimum procedures for adoption by each nonrestricted licensee to exercise effective control over its internal fiscal affairs, which must include, but are not limited to, provisions for:. Provide for the adoption and use of internal audits, whether by qualified internal auditors or by accountants holding a permit to practice public accounting, in the case of each nonrestricted licensee whose operation equals or exceeds a specified size.

The regulations or any standards adopted pursuant to such regulations must, if the stock of the nonrestricted licensee is publicly traded, preclude internal audits by the same independent accountant hired to provide audits, compiled statements or reviews of the financial statements required by NRS The Commission shall by regulation require periodic financial reports from each nonrestricted licensee, and:.

Specify standard forms for reporting financial condition, results of operations and other relevant financial information. Formulate a uniform code of accounts and accounting classifications to assure consistency, comparability and effective disclosure of financial information.

Prescribe the intervals at which such information shall be furnished. For this purpose the Commission may classify licensees by size of operation. The amounts of annual gross revenue provided for in subsections 1 and 2 must be increased or decreased annually in an amount corresponding to the percentage of increase or decrease in the Consumer Price Index All Items published by the United States Department of Labor for the preceding year.

On or before December 15 of each year, the Board shall determine the amount of the increase or decrease required by this subsection and establish the adjusted amounts of annual gross revenue in effect for the succeeding calendar year. The audits, compilations and reviews provided for in subsections 1 and 2 must be made by independent accountants holding permits to practice public accounting in the State of Nevada.

Except as otherwise provided in subsection 5, for every audit required pursuant to this section:. Added to NRS by , ; A , ; , ; , ; , ; , , The Commission shall by regulation provide for:. The organization and administration of an economic research and planning function by a central body which shall gather, evaluate and disseminate facts regarding the economics of the gaming industry and economic conditions affecting the industry.

The regulations shall include provision for the organizational status of this body, its staffing structure, and a budget for its operations. The Legislative Auditor shall in performing his or her regular audits of the Commission and the Board, and in addition whenever so directed by a concurrent resolution of the Legislature, ascertain whether the control and related practices prescribed by NRS The Commission shall adopt regulations, consistent with NRS The Commission may adopt regulations that prescribe the manner in which a licensee must submit to the Commission any fees, interest, penalties or tax required to be paid based upon the information reported in subsection 1.

The Commission may adopt such regulations as it deems necessary to carry out the provisions of NRS The Commission shall, with the advice and assistance of the Board, adopt regulations to implement the provisions of NRS The term includes any exchange and any material change in the rights, preferences, privileges or restrictions of or on outstanding securities.

The Commission shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest governing the operation of slot machine routes, the licensing of their operators and the reports appropriate to such an operation.

The Commission shall adopt regulations governing the approval and operation of inter-casino linked systems and the licensing of the operators of such systems. The Commission shall include in the regulations, without limitation:. The Commission shall, with the advice and assistance of the Board, adopt regulations authorizing a gaming licensee to charge a fee for admission to an area in which gaming is conducted in accordance with the provisions of this section. The regulations adopted by the Commission pursuant to this section must include, without limitation, provisions that:.

In considering such a request, the Chair of the Board shall consider all relevant factors, including, without limitation:. The Commission shall, with the advice and assistance of the Board, adopt regulations which encourage manufacturers to develop and deploy gaming devices, associated equipment and various gaming support systems that incorporate innovative, alternative and advanced technology.

The regulations adopted pursuant to subsection 2 may include, without limitation, technical standards for the manufacture of gaming devices, associated equipment and gaming support systems that:. The Commission shall, with the advice and assistance of the Board, provide by regulation for the registration of club venue employees and matters associated therewith. Such regulations may include, without limitation, the following:.

Except as otherwise provided by specific statute or by the regulations adopted pursuant to this section, a club venue employee shall be deemed to be a gaming employee for the purposes of all provisions of this chapter and the regulations adopted pursuant thereto that apply to a gaming employee.

Except as otherwise provided in subsection 4 and NRS The licensure of an operator of an inter-casino linked system is not required if:. For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:.

A separate license must be obtained for each location at which such an operation is conducted. Except as otherwise provided in subsection 3, the Commission shall not approve a nonrestricted license, other than for the operation of a mobile gaming system, race book or sports pool at an establishment which holds a nonrestricted license to operate both gaming devices and a gambling game, for an establishment in a county whose population is , or more unless the establishment is a resort hotel.

A county, city or town may require resort hotels to meet standards in addition to those required by this chapter as a condition of issuance of a gaming license by the county, city or town. The Commission may approve a nonrestricted license for an establishment which is not a resort hotel at a new location if:. A license to operate 15 or fewer slot machines at an establishment in which the operation of slot machines is incidental to the primary business conducted at the establishment may only be granted to the operator of the primary business or to a licensed operator of a slot machine route.

In a county whose population is , or more, a license to operate 15 or fewer slot machines at an establishment which is licensed to sell alcoholic beverages at retail by the drink to the general public may only be granted if the establishment meets the requirements of this subsection.

For the purposes of determining the number of seats pursuant to this subparagraph, the stools at the bar or the seats outside the dining area must not be counted. Except as otherwise provided in subsections 2 and 3, it is unlawful for any person to:. The provisions of subsection 1 do not apply to any person:. Receipts of rentals or charges based on percentage between a corporate licensee or a licensee who is a limited partnership or limited-liability company and the entities enumerated in paragraph c are permitted under this subsection.

The Commission may, upon the issuance of its approval or a finding of suitability, exempt a holding company from the licensing requirements of subsection 1. The Board may require any person exempted by the provisions of subsection 2 or paragraph b of subsection 1 to provide such information as it may require to perform its investigative duties. The Board and the Commission may require a finding of suitability or the licensing of any person who:.

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