Enabling Legislation for Nevada

21 April 1998

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)