In a recent IGN story, Nevada Regulations Unveiled, we offered you the details on the proposed regulations now going through the Nevada Gaming Control Board approval process. This is the companion piece to that story, bringing you the text of Senate Bill 318 from the Nevada Legislature.
1997 Nevada Laws Ch. 663 (S.B. 318)
NEVADA 1997 SESSION LAWS
REGULAR SESSION OF THE 69TH LEGISLATURE
Additions are shown by <<+ Text +>>; deletions by
<<- Text ->>. Changes in tables are made but not highlighted.
Ch. 663
S.B. No. 318
GAMING
Ch. 663
AN ACT relating to gaming; making various changes concerning
the use of
televised broadcasts; authorizing the state gaming control board
to permit
an establishment to relocate and transfer its license to a new location
in
certain circumstances; providing that certain information relating
to
applicants and licensees is confidential; prohibiting certain
acts
relating to wagering; revising certain provisions relating to
off-track
pari-mutuel wagering; providing penalties; and providing
other matters
properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY,
DO
ENACT
AS FOLLOWS:
Ch. 663, s 1
Section 1. Chapter 463 of NRS is hereby amended by adding thereto
the
provisions set forth as sections 2, 2.5 and 3 of this act.
Ch. 663, s 2
Sec. 2. <<+"Televised broadcast" means an audio and video
transmission of
a race, or series of races, as it occurs at a track that is broadcast
by a
television broadcast station or transmitted by a cable television system
or
a satellite television distribution service.+>>
Ch. 663, s 2.5
Sec. 2.5.<<+ An operator of a race book licensed in this
state may use a
televised broadcast to maintain and operate the race book, including,
without limitation, the determination of and payoffs on wagers.+>>
Ch. 663, s 3
Sec. 3. <<+1. Notwithstanding any other provision of law
and except as
otherwise provided in this section, the board may, in its sole and
absolute
discretion, allow a licensee to move the location of its establishment
and
transfer its restricted or nonrestricted license to:+>>
<<+(a) A location within a redevelopment zone, if the redevelopment
zone
is located in the same local governmental jurisdiction as the existing
location of the establishment; or+>>
<<+(b) Any other location, if the move and transfer are
necessary because
the existing location of the establishment has been taken by the state
or a
local government through condemnation or eminent domain.+>>
<<+2. The board shall not approve a move and transfer pursuant
to
subsection 1 unless, before the move and transfer, the licensee receives
all necessary approvals from the local government having jurisdiction
over
the location to which the establishment wants to move and transfer
its
license.+>>
<<+3. Before a move and transfer pursuant to subsection
1, the board may
require the licensee to apply for a new license pursuant to the provisions
of this chapter.+>>
<<+4. The provisions of subsection 1 do not apply to an
establishment that
is:+>>
<<+(a) A resort hotel; or+>>
<<+(b) Located in a city which has established one or more
gaming
enterprise districts.+>>
Ch. 663, s 3.3
Sec. 3.3. NRS 463.013 is hereby amended to read as follows:
<< NV ST 463.013 >>
463.013 As used in this chapter, unless the context otherwise
requires,
the words and terms defined in NRS 463.0133 to 463.0197, inclusive,
<<+and
section 2 of this act+>> have the meanings ascribed to them in those
sections.
Ch. 663, s 3.7
Sec. 3.7. NRS 463.0147 is hereby amended to read as follows:
<< NV ST 463.0147 >>
463.0147 "Disseminator" means any person who furnishes an operator
of a
race book <<-, sports pool or gambling game->> who is licensed
in this
state with information relating to horse racing or other racing which
is
used to determine winners of or payoffs on wagers accepted by the operator.
The term does not include a <<-person who provides a->>
<<+television
broadcast station, or operator of a cable television system or satellite
distribution service that provides a+>> televised broadcast <<+.+>>
<<-without charge to any person who receives the broadcast.->>
Ch. 663, s 4
Sec. 4. NRS 463.120 is hereby amended to read as follows:
<< NV ST 463.120 >>
463.120 1. 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.
2. The board shall maintain a file of all applications for licenses
under
this chapter and chapter 466 of NRS, together with a record of all
action
taken with respect to those applications. The file and record
are open to
public inspection.
3. The board and the commission may maintain such other files
and records
as they may deem desirable.
4. Except as otherwise provided in this subsection and subsection
5, all
information and data:
(a) Required by the board or commission to be furnished to it
under this
chapter or which may be otherwise obtained relative to the finances,
earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicant's criminal record, antecedents
and
background which have been furnished to or obtained by the board or
commission from any source;
(c) Provided to the members, agents or employees of the board
or
commission by a governmental agency or an informer or on the assurance
that
the information will be held in confidence and treated as confidential;
<<-or->>
(d) Obtained by the board from a manufacturer, distributor or
operator
relating to the manufacturing of gaming devices <<-,->> <<+;
or+>>
<<+(e) 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
this chapter,+>>
are confidential and may be revealed in whole or in part only in the
course
of the necessary administration of this chapter or upon the lawful
order of
a court of competent jurisdiction. 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.
5. 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.
6. 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.
7. The files, records and reports of the board are open at all
times to
inspection by the commission and its authorized agents.
8. 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.
9. The Nevada gaming commission, by the affirmative vote of a
majority of
its members, may remove from its records the name of a debtor and the
amount of tax, penalty and interest, or any of them, owed by him, if
after
5 years it remains impossible or impracticable to collect such amounts.
The commission shall establish a master file containing the information
removed from its official records by this section.
Ch. 663, s 5
Sec. 5. NRS 463.240 is hereby amended to read as follows:
<< NV ST 463.240 >>
463.240 <<+1.+>> No county, <<-incorporated->> city
or town <<-, or
unincorporated town->> may grant a <<-license for->> gaming <<+
license+>>
to any applicant unless the applicant holds a valid state gaming license
issued by the commission <<+,+>> <<-;->> but the
issuance by the
commission of the state <<+gaming+>> license imposes no requirements
upon
any such county, city or town to issue a <<-gambling->> <<+
gaming+>>
license to the applicant.
<<+2. Any information that is supplied to a county, city
or town by an
applicant or a licensee shall be deemed to be confidential if the
information is confidential pursuant to NRS 463.120.+>>
Ch. 663, s 5.5
Sec. 5.5. NRS 463.430 is hereby amended to read as follows:
<< NV ST 463.430 >>
463.430 1.<<- It->> <<+ Except as otherwise provided
in subsection 2,
it+>> is unlawful for any person in this state to receive, supply or
disseminate in this state by any means information received from any
source
outside of this state concerning racing, when the information is to
be used
to maintain and operate any gambling game and particularly any race
book,
except off-track pari-mutuel wagering for which the user is licensed
pursuant to chapter 464 of NRS, without first having obtained a license
so
to do as provided in NRS 463.430 to 463.480, inclusive.
2. The provisions of this section do not apply to:
(a) Any person who provides a televised broadcast which is presented
without charge to any person who receives the broadcast.
(b) Any licensee who has been issued a gaming license and receives
from or
supplies to any affiliated licensee, by means of a computerized system
for
bookmaking used by the licensee and the affiliated licensee, information
concerning racing.
<<+(c) An operator of a race book licensed in this state
that uses a
televised broadcast to maintain and operate the race book, including,
without limitation, the determination of or payoffs on wagers.+>>
3. For the purposes of this section:
(a) Any broadcasting or display of information concerning racing
held at a
track which uses the pari-mutuel system of wagering is an incident
of
maintaining and operating a race book.
(b) "Affiliated licensee" means any person to whom a valid gaming
license
or pari-mutuel wagering license has been issued that directly, or
indirectly, through one or more intermediaries, controls, or is controlled
by, or is under common control with, a licensee.
Ch. 663, s 6
Sec. 6. Chapter 464 of NRS is hereby amended by adding thereto
a new
section to read as follows:
<<+1. A person who is licensed to engage in off-track pari-mutuel
wagering
shall not:+>>
<<+(a) Accept from a patron less than the full face value
of an off-track
pari-mutuel wager;+>>
<<+(b) Agree to refund or rebate to a patron any portion
or percentage of
the full face value of an off-track pari-mutuel wager; or+>>
<<+(c) Increase the payoff of, or pay a bonus on, a winning
off-track
pari- mutuel wager.+>>
<<+2. A person who is licensed to engage in off-track pari-mutuel
wagering
and who:+>>
<<+(a) Attempts to evade the provisions of subsection 1
by offering to a
patron a wager that is not posted and offered to all patrons;
or+>>
<<+(b)