463.750 - License required for person to operate interactive gaming or to manufacture interactive gaming systems; powers and duties of Commission; regulations; conditions; limitations; penalty.
463.750 License required for person to operate interactive gaming or to manufacture interactive gaming systems; powers and duties of Commission; regulations; conditions; limitations; penalty.
1. Except as otherwise provided in subsections 2 and 3, the Commission may, with the advice and assistance of the Board, adopt regulations governing the licensing and operation of interactive gaming.
2. The Commission may not adopt regulations governing the licensing and operation of interactive gaming until the Commission first determines that:
(a) Interactive gaming can be operated in compliance with all applicable laws;
(b) Interactive gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from jurisdictions where it is lawful to make such communications; and
(c) Such regulations are consistent with the public policy of the State to foster the stability and success of gaming.
3. The regulations adopted by the Commission pursuant to this section must:
(a) Establish the investigation fees for:
(1) A license to operate interactive gaming;
(2) A license for a manufacturer of interactive gaming systems; and
(3) A license for a manufacturer of equipment associated with interactive gaming.
(b) Provide that:
(1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware; and
(2) A person may be required by the Commission to hold a license for a manufacturer of equipment associated with interactive gaming.
(c) Set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming that are as stringent as the standards for a nonrestricted license.
(d) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment.
(e) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.
(f) Define “equipment associated with interactive gaming,” “interactive gaming system,” “manufacturer of equipment associated with interactive gaming,” “manufacturer of interactive gaming systems,” “operate interactive gaming” and “proprietary hardware and software” as the terms are used in this chapter.
4. Except as otherwise provided in subsection 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:
(a) In a county whose population is 400,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.
(b) In a county whose population is more than 40,000 but less than 400,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:
(1) Holds a nonrestricted license for the operation of games and gaming devices;
(2) Has more than 120 rooms available for sleeping accommodations in the same county;
(3) Has 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;
(4) Has 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
(5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.
(c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:
(1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;
(2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and
(3) Operates either:
(I) More than 50 rooms for sleeping accommodations in connection therewith; or
(II) More than 50 gaming devices in connection therewith.
5. The Commission may:
(a) Issue a license to operate interactive gaming to an affiliate of an establishment if:
(1) The establishment satisfies the applicable requirements set forth in subsection 4; and
(2) The affiliate is located in the same county as the establishment; and
(b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.
6. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:
(a) Until the Commission adopts regulations pursuant to this section; and
(b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.
7. A person who violates subsection 6 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.
(Added to NRS by 2001, 3076)