ARTICLE A.  GAMBLING LICENSESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19799
2-3A-1: DECLARATION OF POLICY:
2-3A-2: DEFINITIONS:
2-3A-3: LICENSING REQUIREMENTS; EXEMPTIONS:
2-3A-4: LICENSE CLASSIFICATION; INFORMATION; RESTRICTIONS:
2-3A-5: LICENSE LIMITS:
2-3A-6: QUALIFICATIONS FOR LICENSE OR FINDING OF SUITABILITY:
2-3A-7: LICENSING OF CORPORATIONS AND OTHER ASSOCIATIONS:
2-3A-8: APPLICATION FOR LICENSE; PROCEDURES AND FEES:
2-3A-9: INVESTIGATION OF APPLICANT:
2-3A-10: APPROVAL OF APPLICANT AND POSTING OF BOND:
2-3A-11: RENEWAL APPLICATION AND PROCEDURES:
2-3A-12: LICENSE FEES DESIGNATED:
2-3A-13: PAYMENT OF LICENSE FEES:
2-3A-14: REFUND OF FEES:
2-3A-15: SPECIAL EVENTS BINGO PERMIT (REP. BY ORD. 337, 3-13-2007, EFF. 4-5-2007):
2-3A-16: AUDIT PROCEDURES AND ACCESS TO PREMISES AND RECORDS:
2-3A-17: UNSUITABLE LOCATIONS:
2-3A-18: WINNINGS OTHER THAN MONEY:
2-3A-19: PAYMENT OR RECEIPT OF MONEY, GIFTS OR BONUSES FOR PRIVILEGE OF INSTALLATION:
2-3A-20: REGISTRATION REQUIRED:
2-3A-21: GROUNDS FOR DISCIPLINARY ACTION:

2-3A-1: DECLARATION OF POLICY:linklink


A. It is found and declared that the public health, safety, morals and welfare of the inhabitants of the city require the regulation and control of all persons engaged in, associated with, in control of, or having the right to any portion of the profits of the business of gambling games and devices. All such "persons", as defined in section 2-3A-2 of this article, shall be licensed or controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the city and to assist the gaming industry to foster its stability and growth. It is further found and declared that the right to obtain such license is a privilege and that the operation of such gambling facility, when authorized by such license, is a privileged business subject to regulations, and that the license may be revoked for cause. The burden of proving qualification to receive or retain any license or finding of suitability is on the applicant.


B. The city council believes that the gaming industry is vitally important to the economy of the city and the general welfare of the inhabitants thereof and that the continued growth and success of the gaming industry is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively and that the gaming industry is free from criminal and corruptive elements. (Ord. 5, 8-16-1984)


C. These regulations define business license department procedure and regulate gaming operations within the jurisdiction of the city council, but do not in any degree limit the general power of the city council to grant or deny applications for licenses and to impose conditions, limitations and restrictions upon a license or to restrict, revoke or suspend a license for cause after hearing, or to immediately suspend or limit a license in any emergency. These regulations are to be liberally interpreted so as to grant the city council broad final discretion in all licensing matters. (Ord. 42, 10-22-1987)

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2-3A-2: DEFINITIONS:linklink

As used in the gaming provisions contained in this chapter, the words and terms defined in this section have the meanings ascribed to them unless a different meaning clearly appears in the context. Any word or term not defined in this section which appears in this chapter shall have the definition ascribed by the Nevada gaming control act and statutes ancillary thereto, and as defined by the regulations of the Nevada gaming commission, unless a different meaning clearly appears in the context.

APPLICANT: Any person who has applied for or is about to apply for a city gaming license or finding of suitability.

APPLICATION: A written request containing complete and accurate information required by the applicable ordinance for the issuance of a city gaming license, finding of suitability, or for approval for any act or transaction for which city council approval is required or permitted by the city gaming ordinances.

CITY: The incorporated city of Mesquite, Nevada.

CONDITION: The action of the city council resulting from a disciplinary hearing whereby terms are imposed upon the licensee with which it must comply in order to avoid a license revocation or suspension.

CONTROL: The direct or indirect possession of the power to direct or cause the direction of the management or policies of an entity whether through the ownership of voting securities, by contract or otherwise.

CONVICTED: A finding of guilt as an adult offender by a jury or trial court, whether said finding is appealed or not. A person so convicted shall be deemed convicted until such finding is overturned by a court of competent jurisdiction or by pardon.

DISCIPLINARY ACTION: Action taken by the city council to suspend, restrict, limit, condition, revoke or impose other sanctions upon a gaming license or licensee.

ESTABLISHMENT: Only that portion of any building or premises wherein or whereon any gaming is conducted or where slot machines are located for play.

FINDING OF SUITABILITY: After investigation, a person is found to comply with the requirements of this chapter which are prerequisite to involvement with a gaming license. This chapter authorizes the city council to require that certain persons who are directly or indirectly involved with gaming licensees be found suitable for such involvement so long as that relationship continues. A finding of suitability relates only to the specific involvement for which it is made. If the nature of the involvement changes from that for which the applicant has been found suitable, or if, in the judgment of the city council, new information concerning the applicant's suitability has become available, he may be required to submit himself to a new determination of suitability to the city council.

GAME OR GAMBLING GAME: Any wager, pari-mutuel pool or any banking or percentage game played with cards, dice or any mechanical or electrical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan tan, panguingui, solo, whist, baccarat, big six, chuck a luck, pai gow, wheel of fortune, chemin de fer, dai shu, twenty one, seven and a half, big injun, klondike, craps, poker or slot machine.

GAMING CREDIT INSTRUMENT: A marker, IOU, check, hold check or other similar instrument evidencing the granting of gaming credit by a licensee to a patron.

GAMING LICENSE: Any license issued by the city pursuant to this chapter which authorizes the person named therein to engage in gaming.

GAMING OR GAMBLING: To deal, operate, carry on, conduct, maintain or expose for play any game.

LICENSEE: Any person to whom a valid gaming license has been issued.

LIVE GAME: All games or gambling games conducted by a dealer, save and except for mechanical, electronic or electrical gaming devices and slot machines.

MINOR: For the purpose of this chapter, a natural person under the age of twenty one (21) years.

OPERATION: The conduct of gaming.

OPERATOR: Any person who operates, leases, rents, places or installs for a fixed amount or percentage, or for any consideration whatsoever or however determined, any slot machine, but does not, however, include any person owning or leasing by "capital lease", as defined in Nevada Revised Statutes section 463.01045, any slot machine which is installed in a place of business or operated by such person.

PERSON: Includes any association, corporation, firm, partnership, trust or other form of business association, as well as a natural person.

PREMISES: The tract of land on which a gaming establishment is located and all buildings, restaurants, hotel or motel structures, recreational facilities, shops, arcades, support and maintenance rooms and parking lots which are connected and operated in such an integral manner as to form a part of the same operation or complex as the gaming establishment, whether under separate leases or not.

QUARTER OR CALENDAR QUARTER: A period of three (3) consecutive months commencing on the first days of January, April, July or October, in any year.

RESORT HOTEL AND CASINO: A building or complex of buildings or other structures kept, used, maintained, advertised or held out to the public to be a hotel or motel wherein food is served, in which four hundred (400) or more rooms are used for sleeping accommodations, and which has a minimum of the following amenities, all of which are directly connected and operated in such a manner as to form a part of the same operation or complex:

A. One main bar with at least thirty (30) seats wherein alcoholic liquors are dispensed by the drink to customers at such bar; and

B. One service bar wherein alcoholic liquors are prepared for service only at tables and not direct to customers at such bar; and

C. One facility with at least twenty five (25) seats wherein live entertainment is provided by at least one professional entertainer (musician or variety artist) for at least six (6) hours per day, six (6) days per week; and

D. Three (3) separate restaurants: 1) a coffee shop open for service to the public twenty four (24) hours per day, seven (7) days per week, which is used, kept, maintained, advertised or held out to the public to be a place where meals are served and which has a seating capacity of more than sixty (60) persons at one time at tables; 2) a buffet; and 3) a fine dining/gourmet room; and

E. A recreational facility comprised of a minimum of thirty percent (30%) of the resort parcel, which includes at least three (3) of the following:

1. Four (4) regulation tennis courts with locker rooms and attendant facilities; or

2. One regular swimming pool with dimensions of not less than twenty feet (20') in width, thirty five feet (35') in length, and six feet (6') in depth; or

3. One regular golf course consisting of at least eighteen (18) holes comprising at least one hundred (100) acres; or

4. One gymnasium with dimensions of at least forty feet (40') in width, sixty feet (60') in length, and twenty feet (20') in height, and equipped with exercise equipment;

5. A bowling alley with at least twenty four (24) lanes; or

6. A movie theater with at least four (4) screens; or

7. A water park on a minimum of five (5) acres; or

8. Park areas with elements such as picnic areas, playgrounds, and jogging paths; or

9. Skating rinks at least fifteen thousand (15,000) square feet; or

10. Spas; or

11. A minimum of five (5) retail shops; or

12. Recreational vehicle parks; or

13. In addition to the above listed amenities, an applicant may suggest another amenity not listed above, subject to approval by the city council.

F. Valet parking available to guests; and

G. Convention center/meeting space; and

H. A resort hotel and casino of up to six hundred seventy five (675) rooms must have a minimum of thirty thousand (30,000) square feet of casino floor space, or sixty (60) square feet of casino floor space per room, whichever is greater. A resort hotel and casino with over six hundred seventy five (675) rooms must have a minimum of forty thousand (40,000) square feet of casino floor space or fifty (50) square feet of casino floor space per room whichever is greater; and

I. Valet parking; and

J. A swimming pool of at least thirty feet by fifty feet (30' x 50') in size.

Any resort hotel licensed and operating at the time ordinance 263 becomes legally effective shall not be required to conform to the additional requirements imposed by ordinance 263 unless and until the premises are not licensed for gaming for over eighteen (18) consecutive months, and thereafter the premises shall be deemed nonconforming and must comply with the additional requirements imposed by ordinance 263. Any resort hotel constructed and opened prior to the time ordinance 263 becomes legally effective, but is currently closed, shall be deemed to conform to the additional requirements imposed by ordinance 263 if it shares two (2) or more of the amenities listed in subsection E of this definition and the convention area described in subsection G of this definition with one or more licensed resort hotels and within eighteen (18) months of its reopening presents plans for the construction of at least one additional amenity upon or contiguous to its property. It shall not be required to comply with subsection H of this definition or have at least four hundred (400) rooms.

RESTRICT: In regard to city council action for violation of law, to limit the number and/or types of games which may be operated, the hours and days games may be operated, and any other limitation or confinement placed upon a licensee's operation.

SLOT MACHINE: A. Any electronic, mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available for play or operation, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or anything of value whatsoever, whether the payoff is made automatically from the machine or in any other manner whatsoever.

B. If a machine has multiple capacities, the director of business activity shall make a determination, consistent with the determination made by the state gaming control board, whether the machine constitutes two (2) or more slot machines for the purpose of this chapter based on the number of payout devices, coin receptacles or slots, handles or other devices for multiple players, or means of determining winners.

SLOT OPERATOR: A licensee engaged in the business of placing slot machines upon the business premises of another under any agreement whereby consideration is paid or is payable for the placement of such slot machines, whether the consideration is measured by a percentage of revenue derived from such machines or by a fixed fee or otherwise.

SPORTS POOL: The business of accepting wagers on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering.

WAGER: Two (2) or more contracting parties, having mutual rights in respect to the money or other thing wagered or "staked", where each of the parties necessarily risks something, and has a chance to make something upon the happening or not happening of an uncertain event, where the parties have no interest in the event except that arising from the possibility of such gain or loss. (Ord. 5, 8-16-1984; amd. Ord. 42, 10-22-1987; Ord 49, 3-23-1989; Ord. 263, 1-16-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559698
2-3A-3: LICENSING REQUIREMENTS; EXEMPTIONS:linklink


A. License Required:

1. It is unlawful for any person to deal, operate, carry on, conduct, maintain or expose for play within the city any gambling game, slot machine, race book or sports pool; or to receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, race book or sports pool, without first having procured a license as herein provided.

2. Except for those persons engaged in the manufacture or distribution of gaming equipment, and those persons required to be found suitable pursuant to Nevada Revised Statutes 463A, any person required to be licensed or to be found suitable by the Nevada gaming commission in connection with any gaming activity taking place within the city shall apply for licensing or finding of suitability to the city, as herein provided, within thirty (30) days after the application to the state gaming control board.

3. If a person required by this section to submit an application fails to do so within the required time and the city council makes a finding of unsuitability for that reason, the gaming licensee with whom the person is associated shall immediately terminate its association with that person.


B. Posting License; Failure As Grounds For Revocation: All licenses issued for gambling games, devices and slot machines of every character and description shall be posted in a conspicuous place where such gambling games, devices and slot machines are installed, in order that they may be readily available for inspection by authorized state and city officials. A failure to comply with the provisions of this subsection shall constitute grounds for revocation of any such license not so posted.


C. Agreement To Conform To Law: Acceptance of a city gaming license or renewal thereof by a licensee constitutes an agreement on the part of such licensee to be bound by all of the regulations of the city council as the same now are or may hereafter be amended or promulgated. It is the responsibility of the licensee to keep himself informed of the content of all such regulations, and ignorance thereof will not excuse violations.


D. License Nontransferable:

1. No license issued under the provisions of this article shall be transferable by the licensee to any other person, and a license shall be valid only for the particular establishment described thereon and for the designated number and type of slot machines, games or devices for which it is issued. Unless otherwise specifically provided by state law, the license is not an asset of the licensed entity and may not be inherited, sold, assigned, maintained or operated by a trustee or receiver unless approved by appropriate state and city licensing agencies.

2. A gaming license, even though issued to a corporation or other entity, is personal to the disclosed and investigated owners, stockholders and managers. No person may hold an ownership interest in, or share in the revenue from a licensed gaming establishment or operation until licensed or found suitable as provided in this article. Any sale or transfer of ownership of a licensed entity, or granting of any right to all or a portion of the profits derived from a gaming operation to any person which is not approved as provided herein, is grounds for suspension, restriction or revocation of any and all gaming licenses which that entity may hold.


E. Exemptions From Provisions: Nothing in this article shall be construed to prohibit social games played in private homes or residences. (Ord. 5, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559699
2-3A-4: LICENSE CLASSIFICATION; INFORMATION; RESTRICTIONS:linklink


A. License Information: An applicant may apply for any one or more gaming licenses consistent with the requirements and conditions of this article. The applicant shall provide on the initial or renewal application a complete description of the games, devices and/or slot machines which the applicant desires to operate and the establishment wherein the gaming will take place. That information shall be entered on the license prior to issuance. The license issued by the city council shall entitle the licensee and employees thereof to carry on, conduct and operate only the specific type and class of slot machines, games or devices for which the license is issued, and for the period of time and at the location stated thereon. (Ord. 317, 3-22-2005)


B. Classifications: Gaming licenses are classified as follows:

1. Unrestricted Live Game License: One which permits the operation of an unrestricted number of live games, but such license is limited to resort hotels.

2. Class A Slot Machine License: One which permits the operation of a total of fifteen (15) or fewer slot machines incidental to the primary business at the establishment wherein the slot machines are to be located (nonresort hotels, supermarkets, department stores, theaters, restaurants, bars, taverns, etc.), regardless of ownership of the slot machines must be an "A" occupancy, with a minimum building size of three thousand (3,000) square feet of interior commercial floor space. A reduction may be made to two thousand five hundred (2,500) square feet of interior commercial floor space in unusual circumstances only after review and approval by the building department, licensing department, planning department, and any other departments as necessary. However, any establishment operating under a class B slot machine and restricted live game license prior to January 1, 1990, in which more slot machines were installed than that allowed under a class A slot machine license, regardless of whether the licensee is the operator of the primary business or not, or were operating live gaming under a class B license, shall not be required to conform to the requirements of this section, unless and until the premises are not licensed for gaming for over eighteen (18) consecutive months, and thereafter that the premises shall be deemed nonconforming and must comply with the provisions of this section.

An applicant for a class A slot machine license may submit an affidavit signed by the business owner and applicant stating whether or not the owner, lessor or operator of the establishment in which the machines or devices will be installed receives a flat fee rental or a percentage of the return from such machines.

3. Class B Slot Machine License: One which permits the operation of a total of five (5) or fewer slot machines incidental to the primary business at the establishment wherein the slot machines are to be located and where the business premises is: a) less than three thousand (3,000) square feet of interior commercial floor space; or b) if the business is a restaurant, bar or tavern with an occupant load of less than fifty (50) patrons at one time.

4. Class C Slot Machine License: One which permits the operation of an unrestricted number of slot machines, but such license is limited to resort hotels.

5. Operator License: One which permits an "operator", as defined in section 2-3A-2 of this article, to operate, lease, rent, place or install any slot machine at a business establishment owned or operated by another person.

6. Bingo License: One which permits the playing of bingo. A separate license is required for the game of bingo and may only be issued to resort hotels. No bingo licensee shall offer any prize, inducement, token or any other form of consideration for the playing of bingo other than cash prize money.

7. Sports Book License: One which permits a gaming establishment to accent wagers on sporting events by any system or method of wagering.

8. Race Book License: One which permits a gaming establishment to accept wagers on racing events by any system or method of wagering. (Ord. 429, 8-25-2009, eff. 9-17-2009)


C. Flat Rate Rental: A license shall not be required of a location owner who rents or leases out space for fifteen (15) or fewer machines on a flat rental basis and who does not participate in the profits nor exercises supervision or control over the operation of the slot machines.


D. License Issuance Restricted To Certain Hotels And Motels:

1. No new application for a class C slot machine license, or for any live game license, shall be granted except to a resort hotel, as defined in section 2-3A-2 of this article.

2. In the event a class C slot machine or live game licensee does not commence business within sixty (60) days without specific approval of the city council, such license shall be limited, conditioned, suspended or revoked as provided in article B of this chapter, unless the licensee cannot commence operating said facilities or discontinues the availability of such facilities to the public due to remodeling, labor disputes or reasons beyond its control, then said licensee shall petition the city council, which, for good cause shown, may grant additional sixty (60) day extensions; not to exceed, however, a total period of one year including said initial sixty (60) day period. (Ord. 317, 3-22-2005)

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2-3A-5: LICENSE LIMITS:linklink


A. The number of gaming licenses is limited as follows: unrestricted live games license, which permits the operation of an unrestricted number of live games and is limited to resort hotels, and class C slot machine license, which permits the operation of an unrestricted number of slot machines and is limited to resort hotels, shall not be limited as to number.


B. Other licenses are limited as follows:

Licenses   Limitations  
Class A slot machines   Maximum of 15 slot machines  
Class B slot machines   Maximum of 5 slot machines  
Operator's license, bingo license, sports book and race book licenses   No restrictions per population  

(Ord. 317, 3-22-2005)
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2-3A-6: QUALIFICATIONS FOR LICENSE OR FINDING OF SUITABILITY:linklink


A. Any person whom the city council determines is qualified to receive a gaming license or finding of suitability in any capacity under the provisions of this article, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the city, may be issued such gaming license or finding of suitability. The burden of proving qualification to receive any gaming license or finding of suitability is on the applicant.


B. An application to receive a gaming license or finding of suitability may be granted if the city council is satisfied that the applicant:

1. Is a person of good character, honesty and integrity.

2. Is a person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of the city or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto, or give to the gaming industry of the city an unreputable, unsavory or dishonest reputation or bring discredit or dishonor to the gaming industry.

3. Proposes to conduct or be involved with gaming at a location which is a suitable location as determined in accordance with section 2-3A-17 of this article.

4. Proposes to conduct or be involved with gaming in premises which meet all requirements of city zoning, building, fire and health codes.


C. A gaming license or finding of suitability shall not be granted unless the applicant has satisfied the city council that:

1. He has adequate business probity, competence and experience in gaming.

2. The proposed financing of the entire operation is:

a. Adequate for the nature of the proposed operation; and

b. From a suitable source.


D. The city council may, in its discretion, grant a license to a corporation, partnership, limited partnership, trust, business trust or organization or other association which complies with the provisions of this article.


E. In conformity with the policy of this article, the city council may, in addition to the above, deny a license in its discretion when:

1. By the granting of such license, a disorderly house or place disruptive to the peace and welfare of the neighborhood may be maintained.

2. The granting of such license may adversely affect the valuation of adjoining and contiguous property.

3. In the judgment of the city council, there are ample and sufficient licensees and establishments in the area or place for which the license is to be used to properly serve such area or place.

4. In the judgment of the city council, the particular business which proposes to be associated with gaming is not compatible with gaming, or will not enhance the image or welfare of the city. (Ord. 5, 8-16-1984)

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2-3A-7: LICENSING OF CORPORATIONS AND OTHER ASSOCIATIONS:linklink

A gaming license may be issued to a corporation, partnership, limited partnership, trust or other form of association, which shall have:


A. Provided the application required by this code.


B. Received a gaming license from the Nevada gaming commission.


C. Satisfied the requirements of subsections 2-3A-6B3, B4, C, and E of this article.


D. Paid all necessary fees as provided in this article.


E. Satisfied the city council that each shareholder, officer, director, partner, trustee, member or manager thereof is qualified for licensing in accordance with section 2-3A-6 of this article. (Ord. 5, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559703
2-3A-8: APPLICATION FOR LICENSE; PROCEDURES AND FEES:linklink

A gaming license is a privilege and will not be issued for the operation of gambling games and devices unless the applicant for such license successfully carries the burden of establishing suitability to receive such license. All applicants required to be licensed or obtain a finding of suitability shall make application therefor by application directed to the city council and filed with the city manager.


A. Application For License; Information Required: The application shall be made to the city council on forms furnished by the city manager in conformance with requirements of city gaming ordinances. The application for license or determination of suitability shall request the following information:

1. The name and business address of the proposed licensee.

2. The names and addresses of all owners of the applicant's business premises.

3. The type of gaming license being applied for along with the description of the gambling games, devices and slot machines to be operated.

4. The type of business organization the applicant comprises, and a complete explanation thereof, together with a copy of pertinent supportive documentation.

5. The name, address, nature and percentage of interest of each person owning an interest in the applicant's business and the name and address of the general manager and any other persons who establish or exercise control over policies for the operation of the business.

6. The names of all persons directly or indirectly interested in the business and the nature of such interest.

7. Applicant's family, residential, employment, education, military and criminal history background covering at least a ten (10) year period immediately preceding the date of filing of the application.

8. Applicant's financial statement and current and previous business activities and associates, covering at least a ten (10) year period immediately preceding the date of filing of the application.

9. Such other information and details as the city council or city manager may require in order to properly discharge their responsibilities.

The applicant may satisfy the requirements of subsections A4 through A8 of this section by submitting to the city manager accurate and complete copies of all application documents supplied to the Nevada gaming commission or the state gaming control board in conjunction with the gaming activity which is the subject of the city application. The accuracy, completeness and veracity of all application forms and supporting information and documents shall be attested to by the applicant.


B. Fingerprint Based Background Checks: All applicants applying for a gaming license with the city of Mesquite are required to provide the city of Mesquite with a full set of fingerprints. Fingerprinting shall be completed at the Mesquite police department. In all cases where the applicant for a gaming license is a firm, partnership, association or corporation, the city manager shall determine who of the members, principal officers, directors, stockholders, and/or managers shall present themselves to the city police agency for fingerprinting. Fingerprint data will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city police agency. Upon completion of the investigation, the police agency shall prepare and submit a report containing findings and a recommendation of approval or disapproval to the city council. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.


C. Procedures: Upon receipt of complete application documents and upon completion of the investigation of the applicant, the city manager shall present the application to the city council at its next regularly scheduled meeting.


D. Investigation And Fingerprinting Fee: Each application for license filed pursuant to this article shall be accompanied by an investigation and fingerprinting fee of one hundred forty five dollars ($145.00). This fee is nonrefundable and is in addition to other fees collected pursuant to this title. A forty five dollar ($45.00) fingerprinting fee shall be required for individuals who are not required to complete an application, but that are required to be fingerprinted pursuant to subsection B of this section.


E. Application And Fee For Management Personnel Transfer: Upon transfer of any employee previously licensed or found suitable from one licensed gaming establishment to another, a letter from the gaming establishment to which the transfer is proposed to be made, setting forth the name, work classification and the previous approval of said employee shall be sufficient application to present to the city council. A transfer fee of twenty five dollars ($25.00) shall be paid for the same. (Ord. 405, 7-22-2008, eff. 8-15-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559704
2-3A-9: INVESTIGATION OF APPLICANT:linklink


A. Requirements And Procedures:

1. All applicants for an original gaming license of any kind or for a finding of suitability shall not be required to be investigated for financial or personal background suitability if the applicant obtains a Nevada gaming commission license or finding of suitability. The city manager shall report to the city council whether or not the applicant complies with provisions of applicable state statutes and city ordinances and regulations.

2. Information of a confidential nature acquired under the terms of this article shall be maintained by the city manager, in a confidential file, available only to city officials and law enforcement officers; provided, however, that such application constitutes a waiver of confidentiality and privacy as to those matters disclosed by the investigation and by such waiver permits the interrogation of the applicant at any meeting of the city council concerning any matters contained in the application or information obtained in the course of an investigation concerning suitability for licensing.

3. The application may be acted upon by the city council at any regular or recessed meeting thereof duly called and noticed subsequent to referring the application for investigation.


B. Fees:

1. An investigation fee of one hundred dollars ($100.00) shall accompany every application. The city manager may require prepayment of additional investigative fees if he determines the circumstances so warrant. (Ord. 5, 8-16-1984)

2. If the applicant withdraws his application prior to beginning the investigation, investigative fees paid shall be refunded to the applicant.

3. The sheriff, chief of police, or other investigative unit performing background investigations shall maintain an accounting of all investigative activity for which the applicant will be billed, including the date, actual hours expended, description of activity, and the name of the investigator(s) performing same. Such investigative records shall be compiled as the activities are performed and shall be promptly made available to the applicant, department or board, upon written request.


C. Confidentiality Required: It is unlawful for any person to disclose any item of personal history, financial records, audits, criminal history or any other item contained in the investigation file to any person except in the course of the necessary administration of this article, or upon a lawful order of a court of competent jurisdiction, or to officials of the Nevada gaming commission or Nevada gaming control board. Any person violating this subsection shall be guilty of a misdemeanor and may be punished by a fine of five hundred dollars ($500.00) or up to six (6) months' imprisonment, or by both fine and imprisonment. (Ord. 42, 10-22-1987)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559705
2-3A-10: APPROVAL OF APPLICANT AND POSTING OF BOND:linklink


A. The city council may, in its discretion, and if it is satisfied that the applicant is eligible as provided herein, grant a license or finding of suitability by a majority vote of the members present.


B. Each applicant required to pay a license fee based on game and machine count shall, prior to commencement of operation of a gaming business, post a bond with the city manager to ensure the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation. The amount of the bond shall be ten percent (10%) of the amount posted by the applicant with the Nevada gaming commission pursuant to Nevada Revised Statutes section 463.220(7) and shall be furnished in cash or negotiable securities. If furnished in negotiable securities, the principal shall be placed without restriction at the disposal of the city manager. The city manager shall retain the bond until the license has achieved prepaid status with regard to the license fee imposed by section 2-3A-12 of this article.


C. Applicants for a class A slot machine license shall pay to the city manager at the time of application, the semiannual license fees as prescribed in section 2-3A-12 of this article. (Ord. 5, 8-16-1984; amd. Ord. 42, 10-22-1987; Ord 49, 3-23-1989)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559706
2-3A-11: RENEWAL APPLICATION AND PROCEDURES:linklink


A. Fee Notice: The city manager shall send a written notice to every gaming licensee prior to the due date of each semiannual license fee required; provided, however, that the failure to notify any licensee shall not be held to waive the payment of a gaming license fee; and provided further, that the actual receipt of such notice is in no case required.


B. File Renewed Application: Every gaming licensee shall file, together with the license fees and taxes required by section 2-3A-12 of this article, an application for renewal which shall be certified by the licensee, manager or officer thereof. The application for renewal shall contain an accurate report of all games and devices operated by the licensee during the preceding quarter and a statement of the licensee's game and machine count for that period.


C. Certification: The form shall include the following certification:

    I, , certify and declare under the penalties of perjury that I am the owner, partner, (president, treasurer, other {describe}) of the business named above, that this is a true, correct and complete report to the best of my knowledge, information and belief, and that this application and report is made with the knowledge and consent of all other individuals named on the gaming license.

    Dated: Signed:

    I hereby certify that there has been no unreported change in ownership, management or location of the gambling establishment, games or devices during the preceding six (6) month period of the calendar year; that the number of games, slot machines or other gaming devices for which license is sought is not greater than the number issued by the state of Nevada; and that the establishment has a valid state gaming license which has not been revoked or suspended, conditioned or limited during the preceding six (6) month of the calendar year.

Signed:


D. Renewal Fee: The licensee shall pay, in addition to all other fees, a license renewal fee of twenty five dollars ($25.00) each six (6) month period.


E. City Manager Duties: The renewal application form for semiannual renewal of city gaming licenses as well as information regarding licensing fees and taxes, renewal procedures and certification requirements, shall be provided by the city manager in a form and manner consistent with the requirements of this article.


F. Payment Of Fees: The required license fee for the applicable period of time shall accompany each application for issuance or renewal of a license and shall be paid to the city manager who shall collect, process and make receipt for all licenses issued, in accordance with the state law and city ordinances and regulations. (Ord. 5, 8-16-1984; amd. Ord. 42, 10-22-1987; Ord 49, 3-23-1989)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559707
2-3A-12: LICENSE FEES DESIGNATED:linklink

Each licensee shall pay to the business license department, in advance semiannually, the following fees:

Bingo   $150.00 plus  
  For each chair provided
  for players  
3.00  
Bridge, whist and solo, each   30.00  
Chemin de fer (baccarat)   500.00  
Crap table:    
  For each table   300.00  
  For each table over one   500.00  
Each roulette, "21", hazard,
faro bank, wheel of fortune
and big six wheel  
300.00  
Keno   600.00  
Panguingue   60.00  
Race book   800.00  
Racehorse information service   500.00  
Slot machine operator   300.00  
Slot machines, each machine   50.00  
Sports pool   200.00  
(not including race books)    
Stud poker and draw poker   100.00  
Any other game   100.00  

(Ord. 49, 3-23-1989)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559708
2-3A-13: PAYMENT OF LICENSE FEES:linklink


A. Due Date: Each semiannual fee issued in advance on July 1 and January 1 in each year.


B. Proration: Applicants who receive license approval on a date other than such due dates shall have their license fees prorated on a monthly basis.


C. Fees Nonrefundable: License fees paid pursuant to this section are not refundable.


D. Delinquency:

1. Any semiannual fee which is not received by the department of business activity on or before the due date shall be assessed a late payment penalty in an amount equal to ten percent (10%) of the amount of such semiannual fee.

2. If the semiannual fee and penalty is not received by the business license department within fifteen (15) days after the due date, an additional penalty in an amount equal to twenty five percent (25%) of such semiannual fee shall be assessed.

3. If the semiannual fee and all penalties are not received by the business license department within sixty (60) days after the due date, the license shall be automatically revoked. (Ord. 49, 3-23-1989)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559709
2-3A-14: REFUND OF FEES:linklink

No license fees paid on a flat fee basis under this article shall be refunded whether the operation of the slot machine, game or device for which any license was issued has been voluntarily terminated or the license has been revoked under the provisions of this article, or for any other reason, except in the case of clerical error. In the event a gaming license is terminated, any gross fees paid pursuant thereto under this article shall be prorated based on the actual gross revenue and any excess fees paid over the actual amount owing to the city shall be refunded to the licensee. (Ord. 5, 8-16-1984)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559710
2-3A-15: SPECIAL EVENTS BINGO PERMIT:linklink

(Rep. by Ord. 337, 3-13-2007, eff. 4-5-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559711
2-3A-16: AUDIT PROCEDURES AND ACCESS TO PREMISES AND RECORDS:linklink


A. The city council may require the city manager to conduct periodic audits of the books and records of licensees paying fees pursuant to section 2-3A-12 of this article for the purpose of determining whether licensing fees paid are correct.


B. In those cases resulting in assessment or refund of additional fees or taxes, appropriate notices and report of findings shall be submitted to the city manager and to the licensee in sufficient detail to enable collection or refund.


C. The applicant or licensee shall not neglect or refuse to produce records or evidence or to give information upon proper and lawful demand by any agent of the city council, nor shall otherwise interfere, or attempt to interfere, with any proper and lawful efforts by the city council, or any agent to procure such information. (Ord. 5, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559712
2-3A-17: UNSUITABLE LOCATIONS:linklink

The city council may deny any application for a gaming license if it deems the place or location for which the license is sought to be unsuitable for the conduct of gaming. Without limiting the generality of the foregoing, the following places or locations are presumed to be unsuitable:


A. Premises located within a five hundred foot (500') radius of churches, schools and children's public playgrounds.


B. Premises located in a place where gaming is contrary to a valid city zoning ordinance, unless the premises qualifies for a nonconforming use under applicable zoning law.


C. Premises difficult to police.


D. Premises located within a two hundred fifty foot (250') radius of adult oriented businesses or sexually oriented commercial enterprises1.


E. Premises which, in the opinion of the city council, would or may tend to create a public nuisance.

The above restrictions do not apply to licenses issued prior to June 1, 1984, or to any location which is found to be suitable for licensing by the city council after a public hearing and a determination that the public health, safety and welfare will not be impaired. (Ord. 5, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559713
2-3A-18: WINNINGS OTHER THAN MONEY:linklink


A. All games, other than slot machines licensed under this article, shall be played only for money or tokens or chips representing money. It is unlawful for any licensee or his agents, servants or employees to provide or represent in any manner that he will give any form of property or thing of value other than money or tokens or chips representing money as winnings or as a gratuity in connection with the playing of such games.


B. Slot machines may be played for other than money, and any licensee or his agents, servants or employees may promise or represent to give any other form of property or thing of value as winnings or as a gratuity in connection with the playing of such slot machines; provided, however, that such other form of property or thing of value shall be clearly identified in a prominent place on each slot machine and shall be made available to the winner thereof immediately after such slot machine has indicated such winning. (Ord. 5, 8-16-1984; amd. Ord. 42, 10-22-1987)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559714
2-3A-19: PAYMENT OR RECEIPT OF MONEY, GIFTS OR BONUSES FOR PRIVILEGE OF INSTALLATION:linklink


A. It is unlawful for a slot machine operator to advance any money, make any gift or bonus of any kind under any arrangement whatsoever for the privilege of locating, installing, operating, placing, renting or leasing any slot machine.


B. It is unlawful for any person to receive, under any arrangement whatsoever, any advance of money, gift or bonus of any kind for the privilege of installing, operating, renting or leasing slot machines in any location in which he owns any interest or has any control. (Ord. 5, 8-16-1984; amd. Ord. 42, 10-22-1987)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559715
2-3A-20: REGISTRATION REQUIRED:linklink

All owners, officers, directors, managers and stockholders actively engaging in the management of a gaming business, including operators and all other persons who are directly authorized by the owners to exercise supervision and control of, and to establish policies for, the operation of said business, and all employees thereof, must register and remain registered with the Nevada gaming control board as required by Nevada Revised Statutes 463, and any other applicable provisions of Nevada Revised Statutes. (Ord. 294, 2-10-2004)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559716
2-3A-21: GROUNDS FOR DISCIPLINARY ACTION:linklink

The city council may deem that any activity on the part of a licensee, his agents or employees or a person previously found suitable, which is inimical to the public health, safety, morals, good order and general welfare of the people of the city or which would reflect or tend to reflect discredit upon the city or the gaming industry, or which violates any provision of the Nevada gaming control act (Nevada Revised Statutes 463, 464, 465, 466) or any regulation of either the Nevada gaming commission or the board is grounds for disciplinary action in accordance with city ordinances. Without limiting the generality of the foregoing, each of the following are declared to be subject to disciplinary action:


A. Each licensee who violates any provision of this article.


B. Each licensee who knowingly fails to report or conceals from the proper authorities any information which it is his duty to supply under any statute or regulation by the state gaming commission or by any regulation of the city council.


C. Each licensee who for conduct subsequent to the issuance of a license, becomes ineligible to hold a gaming license as set out in the statutes and regulations of the state of Nevada and by the regulations of the city council.


D. Each licensee who made a misrepresentation of a material fact in his application to obtain a gaming license.


E. Each licensee who fails to correct any objectionable condition which constitutes a nuisance or who fails to correct a hazardous condition which violates the fire or building codes within a reasonable time after receipt of notice to make such correction from proper authorities; provided, however, that the notice to correct such condition must be given in writing and must clearly state that a licensee may be disciplined if he fails to comply with the notice.


F. Each licensee who knowingly:

1. Either personally or by employees, conducts, carries on, operates, deals or allows to be conducted, carried on, operated or dealt, any cheating or thieving game or device, or deals, conducts, carries on, operates or exposes for play any game or games played with cards, dice or any mechanical device, or any combination of the same, which have in any manner been marked or tampered with to deceive the public or equipped with electrical or any other device whatever, which renders the game more liable to win or lose, or which tends to alter the normal random selection of criteria which determines the results of the game.

2. Possesses or permits to remain in or upon any licensed premises any cards, dice, mechanical device or other cheating device whatsoever, the use of which is prohibited by statute or ordinance.


G. Each licensee who knowingly allows gambling by minors.


H. Each licensee, except for class A slot machine licensees, who employs a minor in the same room of the premises where gambling is being conducted.


I. Each licensee who knowingly allows any male or female person to appear in the nude in any public area on its premises, including, but not limited to, theaters, lounges and showrooms. For the purpose of this subsection, the following words are defined as follows:

MALE OR FEMALE PERSON: A licensee, his agents and employees, or his independent contractors and their agents or employees.

NUDE: The showing of the human male or female genitals or pubic or female breast area while not fully covered by an opaque material.


J. Each licensee who files an incomplete or false application for renewal.


K. Each licensee who employs persons who do not hold a valid work identification card.


L. Each licensee who fails to report full and accurate gross revenue to any agency or department of the federal, state or city government, as required.


M. Each licensee who, subsequent to licensing, is convicted of a felony or a crime involving moral turpitude, which crime is considered by the city council to be a threat or hazard to the proper control of gaming or to the public health, prosperity, safety, morals and welfare of the inhabitants of the city.

For purposes of this section, "knowingly" means that a person knew or would have known, i.e., has a general knowledge of or reason to know, or belief or grounds for belief which warrant further inspection or inquiry. (Ord. 5, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=559717


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See chapter 7 of this title.