Land-based gambling
Nevada Gambling Laws Within the state of Nevada, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth. Nevada Gaming Control Act and Ancillary Statutes Incorporating Amendments to Chapters 462 - 466 of NRS. Note: Use the following links to access NRS Chapters 462-466 on. NRS 465.094 Limitation on applicability of NRS 465.092 and 465.093. The provisions of NRS 465.092 and 465.093 do not apply to global risk management pursuant to NRS 463.810 and 463.820 or to a wager placed by a person for the person's own benefit or, without compensation, for the benefit of another that is accepted or received by, placed with. Gamble Aware aims to promote responsibility in gambling. They provide information to help you make informed decisions about your gambling. Call the National Gambling Helpline: freephone 0808 8020 133 8am to midnight, 7 days a week. You must be 18 years old or over to use this site. Please bet responsibly.
Authorised establishmentsLicensingEmployees and suppliersZoning restrictionsOperationsTaxesCompliance
What types of gambling establishments are authorised to operate in your jurisdiction and how are they classified?
There are two types of licensed gaming establishment (NRS 463.0169) in Nevada: non-restricted and restricted. A non-restricted gaming licence would include a location operating 16 or more slot machines, or any number of slot machines together with any other game, including a table game, race book and/or sports pool at a single establishment (NRS 463.0177 and 463.245).
Restricted gaming is limited to 15 or fewer slot machines and no other games where gaming is incidental to the primary business; this would include bars, taverns or saloons (NRS 463.161(3)(a)), convenience stores (Nev Gaming Comm'n Reg 1.075), grocery stores (Nev Gaming Comm'n Reg 1.130), drug stores (Nev Gaming Reg 1.101) and liquor stores (Nev Gaming Comm'n Reg 1.141) (Nev Gaming Comm'n Reg 3.015(3)).
The following must have a non-restricted gaming licence, but must conduct their operations at either a restricted or non-restricted gaming establishment, as appropriate to the particular operation operator of a slot machine route (Nev Gaming Comm'n Reg 1.170):
- the operator of an inter-casino linked system (NRS 463.01643);
- the operator of a mobile gaming system (NRS 463.0176);
- the operator of interactive gaming (NRS 463.016425);
- the operator of an information service (NRS 463.01642);
- the operator of a race book (NRS 463.01855);
- the operator of sports pool (NRS 463.0193); and
- the operator of an off-track pari-mutuel system (NRS 464.005(4), (5)).
What licensing procedures and requirements apply to gambling establishments (including any fees)?
All gaming applications (NRS 463.200 and Nev Gaming Comm'n Reg 4.040(1)) are filed with the Nevada Gaming Control Board's Applicant Services Coordinator, who will review the submission to ensure that the application is complete. Only when the application is complete will it be deemed filed with the board. Approximately 14 to 30 days after the application is filed, it will be assigned to a board agent who will conduct the appropriate investigation to determine the applicant's suitability (NRS 463.1405(1) and 463.210(1)).
For those seeking a restricted gaming licence, the application fee is $700. For non-restricted applicants, the applicant must pay a $500 application fee for each person seeking a licence or finding of suitability and all costs of the investigation, including the time of the investigating agents plus all travel costs, copying costs, translation costs and similar costs. The assigned agents will provide an estimate of the investigative costs (Nev Gaming Comm'n Reg 4.070(6)) that must be deposited before commencement of the investigation.
The assigned agents will send a document request letter to each applicant and will schedule an initial interview with each of the individual applicants. The interview is an opportunity for the agents to review the application with the applicant. It is also the applicant's chance to make any corrections or provide clarification regarding the responsive information set forth in the application.
Most investigations are completed within six to eight months. More complex investigations that involve multinational companies may take nine months or longer to complete.
On completion of the review, the board will convene a public hearing to consider the application and question individual applicants and/or their representatives. The board has full and absolute power to make any recommendation that it deems appropriate, including to:
- approve the application with possible limitations and conditions;
- deny the application;
- allow the applicant to withdraw the application with or without prejudice (Nev Gaming Comm'n Reg 4.140); or
- refer the application back to staff for further investigation (NRS 463.220(3)).
The Nevada Gaming Commission will hold its own public hearing to consider the application and the board's recommendation. The commission will make the ultimate determination on whether to grant the requested licence. The commission has full and absolute power to approve, deny or reject the application, or place any limitations or conditions it deems appropriate upon the licence (NRS 463.1405(4) and 463.220(3)-(4)). If the board has recommended denial, then the commission must unanimously vote to approve the application (NRS 463.220(4)(d)).
The commission's ultimate disposition on a gaming application is final and is not subject to judicial review (NRS 463.318(2) andResnick, 104 Nev at 63 n.4). If the commission denies an application, it will enter a written order setting out the reasons for denial (NRS 463.220(7)).
Applications may be amended at any time before the commission's final action (Nev Gaming Comm'n Reg 4.040(4)).
How can licences be renewed, and what terms and fees apply?
Unless the Nevada Gaming Commission limits a licence for a period (NRS 463.1405(4) and 463.220(2)), gaming licences are not subject to renewal through the filing of another licensing application. However, each gaming licence is subject to renewal through the payment of applicable annual and quarterly fees and taxes (NRS 463.270). Failure to pay the appropriate fees or taxes within 30 days of their due dates will result in the gaming licence being deemed surrendered (NRS 463.270(7)).
Once licensed, the following fees may be assessed, depending on the type of licence:
- restricted quarterly slot fees pursuant to NRS 463.373;
- non-restricted quarterly slot fees pursuant to NRS 463.375;
- annual excise tax on slot machines pursuant to NRS 463.385;
- quarterly game licence fees pursuant to NRS 463.383;
- annual game license fees pursuant to NRS 463.380;
- annual licence fees for mobile gaming system and inter-casino linked systems operator pursuant to NRS 463.450;
- annual licence fees for manufacturers and distributors of gaming devices pursuant to NRS 463.660;
- pari-mutuel licence fees pursuant to NRS 463.125;
- annual licence fees for an operator of interactive gaming pursuant to NRS 463.765(1), (2);
- monthly licence fees for a race wire or disseminator pursuant to NRS 463.450;
- annual licence fees for a manufacturer of interactive gaming systems pursuant to NRS 463.760(1)(a), (2);
- annual licence fees for an associated equipment manufacturer for interactive gaming systems pursuant to NRS 463.760(1)(b), (2); and
- annual licence fees for an information service provider pursuant to Regulation 5.240(13).
On what grounds can licences be revoked? Can revocation be challenged in any way?
A gaming licence cannot be revoked unless the Nevada Gaming Control Board commences a formal disciplinary proceeding by filing a complaint with the Nevada Gaming Commission (NRS 463.310(2) and 463.312). The licensee is given an opportunity to request an evidentiary hearing before the commission where any relevant evidence may be submitted, and witnesses called and examined (NRS 463.310-463.3145 and Nev Gaming Comm'n Reg 7).
In such a disciplinary proceeding, the board acts as the prosecutor and has the burden of demonstrating that the licensee violated statute, regulation, licence conditions, minimum internal controls or other applicable local, state or federal law (Trans-Sterling Inc v Bible, 804 F.2d 525, 527 n 1 (9th Cir 1986)). The commission sits as the judge and jury to make final a decision on the evidence that is presented (NRS 463.3145(1)). Thereafter, the licensee may seek judicial review of the commission's final decision pursuant to NRS 463.315-463.318. The courts will affirm the decision of the commission based on any evidence that is not arbitrary, capricious or contrary to law (Nevada Gaming Comm'n v Consolidated Casinos Corp, 94 Nev 139, 141, 575 P.2d 1337 (1987)).
What rules and restrictions govern the hiring and ongoing relationship with employees of and suppliers to gambling establishments?
Gaming employees (NRS 463.0157) must be registered with the Nevada Gaming Control Board pursuant to NRS 463.335(2). Unlike many other gaming jurisdictions, Nevada does not license suppliers or vendors, except for manufacturers and distributors of gaming equipment. However, most non-restricted gaming licensees (NRS 463.0177) conducting gaming operations outside Nevada (NRS 463.680-463.720), and/or are public companies registered (NRS 463.635(1)(c)) with the Nevada Gaming Commission, must have a gaming compliance plan that is administratively approved by the board (Nev Gaming Comm'n Reg 5.045). All such compliance plans require the licensee to conduct some level of due diligence on its key executives, officers and directors, and its vendors, either before entering into a business relationship or, more likely, when a certain monetary threshold of business has been reached in a calendar year.
Are there any zoning or other planning restrictions for gambling establishments?
Zoning or planning restrictions in the Nevada Gaming Control Act and the Nevada Gaming Commission Regulations applicable to licensed gaming establishments consist of the following:
- Except for a grandfathered location, a non-restricted gaming licence may not be granted in a county with a population in excess of 100,000 unless the establishment meets the criteria of a ‘resort hotel' (NRS 463.01865; 463.1605).
- A non-restricted gaming establishment in counties with a population of 700,000 or more must be located in a ‘gaming enterprise district' (NRS 463.3072-463.3094 and NRS 463.0158).
- Gaming activity is prohibited in locations in the immediate vicinity of churches, schools and children's public playgrounds, premises with substantial minor clientele, premises lacking adequate supervision or surveillance, premises that are difficult to police, brothels and any premise where gaming is inconsistent with public policy (Nev Gaming Comm'n Reg 3.010).
In addition, each local government in Nevada has certain zoning and planning restrictions on gaming establishments within its jurisdiction. Larger communities generally have more restrictions on the location of gaming establishments.
What rules, restrictions and ongoing obligations govern the operations of gambling establishments (eg, reporting and monitoring requirements, customer due diligence)? What are the penalties for non-compliance?
Licensed gaming establishments are governed the Nevada Gaming Control Act and the Regulations of the Nevada Gaming Commission. In addition, licensees are expected to comply with any conditions on their licences, minimum internal control standards (MICS), as well as local, state and federal laws (including, but not limited to, compliance with the federal Bank Secrecy Act and the regulations codified in Title 31, Chapter X of the Code of Federal Regulations for Anti-money Laundering Practices and Procedures). Internal audits are required bi-annually and annual independent audits are also required. Most licensees operating in multiple jurisdictions will be required to implement an approved compliance plan to monitor operations and conduct appropriate due diligence.
Disciplinary actions may be formal or informal. Informal disciplinary actions are confidential and require the licensee to explain the cause of the alleged violations and the steps taken to prevent them from recurring.
Penalties may only be imposed through formal disciplinary proceedings. If the commission finds that the licensee committed the alleged violations, it may limit, condition, suspend or revoke the licence and/or impose a fine of up to $250,000 per violation, depending on the circumstances (NRS 463.310(4)).
What taxes and duties apply to gambling establishments?
The following taxes are applicable to the operation of non-restricted gaming establishments:
- annual and quarterly licence fees pursuant to NRS 463.372-463.3856;
- gross revenue fees pursuant to NRS 463.370 – this is a graduated tax assessed monthly on the non-restricted gaming establishment's net win; and
- other taxes and fees applicable to businesses generally, although a credit for gaming taxes paid may be applicable in certain circumstances.
What best practices are advised in order to ensure compliance with the relevant regulations?
Many violations involve failure to follow the MICS. Regular training for staff on the MICS is critical for minimising violations. Additionally, the creation and implementation of a robust gaming compliance programme is the most effective way to comply with applicable laws and regulations (Jeffrey R Rodefer, Creating and Implementing an Effective Gaming Compliance Program, Nevada Gaming Lawyer at 30 (2011)). The programme is an important management tool in establishing a culture of compliance (Dave Staley and Luke Rippee, Nevada's New Gaming Compliance Unit: What Licensees Need to Know, Nevada Gaming Lawyer at 35 (2017)). Finally, making all staff aware that the company, from the CEO down, expects compliance helps to create a culture of compliance (Jeffrey R Rodefer, Culture of Compliance, Nevada Gaming Lawyer at 41 (2017)).
Nevada Laws Pertaining To Consensual Sex and Mandatory Reporting
Yes. If you are a legal guardian of a child and allow them to be in a statutory rape relationship you can be considered complicit in the crime. In this case, Child Protective Services can take action against you for child abuse or neglect.
Research has shown statutory rape relationships are harmful to the younger person involved.
Romantic relationships play an important developmental role in adolescents' lives. However, sexual relationships between young teens––particularly young teen women––and older individuals are associated with increased likelihood of engagement in risky sexual behaviors, and with poorer emotional health among adolescents. Among sexually experienced teens, having sex with someone who is older has been associated with less and/or inconsistent use of contraception, including condoms, and a greater risk of teen pregnancy and diagnosed STDs (sexually transmitted diseases). These risks may persist past adolescence. For example, one study found that having an older sexual partner during adolescence is linked to lower contraceptive use in adulthood. Research also finds that adolescent women with older sexual partners are more likely than women with same-age partners to report mental health problems and substance use.
Adolescent women who become sexually active at a young age are more likely to have an older sexual partner than are adolescent women who delay sex. Additionally, adolescent women who have older sexual partners disproportionately come from disadvantaged backgrounds, experience higher levels of family dysfunction, and have poorer parent-child relationships. Adolescent men who are in sexual relationships with older women also tend to come from disadvantaged backgrounds, although young men are more likely than adolescent women to identify these relationships as casual. Men in relationships with younger women are more likely to have criminal histories and lower levels of education, while women in relationships with younger men tend to have more emotional problems and a history of early sexual experience themselves.
Child Trends Databank. (2015). Statutory rape: Sex between young teens and older individuals. Available at: https://www.childtrends.org/?indicators=statutory-rape-sex-between-young-teens-and-older-individuals
NRS 432B.020 Abuse or neglect of a child means:
Physical or mental injury of a non-accidental nature; Sexual abuse or sexual exploitation; or Negligent treatment or maltreatment (as set forth in NRS 432B.140) of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.
NRS 432B.140Negligent treatment or maltreatment means:
Negligent treatment or maltreatment of a child occurs if a child has been subjected to harmful behavior that is terrorizing, degrading, painful or emotionally traumatic, has been abandoned, is without proper care, control or supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.
In Nevada, Statutory Sexual Seduction and all other laws in the Statutory Rape On-Line Resource Center under the mandatory reporting of child abuse law.
NRS 432B.220 Any person who is described below and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
- Report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
- Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
Mandated Reporters
- A person providing services licensed or certified in this State pursuant to, without limitation:
- Emergency Medical Services
- Physicians, Physician Assistants, Medical Assistants
- Perfusionists And Practitioners Of Respiratory Care
- Homeopathic Physicians, Advanced Practitioners Of Homeopathy And Homeopathic Assistants
- Dentistry And Dental Hygiene
- Nursing
- Osteopathic Medicine
- Chiropractic Physicians And Chiropractors' Assistants
- Doctors Of Oriental Medicine
- Podiatric Physicians And Podiatry Hygienists
- Optometry, Dispensing Opticians
- Audiologists
- Speech-Language Pathologists And Hearing Aid Specialists
- Pharmacists And Pharmacy
- Physical Therapists, Physical Therapists' Assistants And Physical Therapists' Technicians
- Occupational Therapists And Occupational Therapy Assistants
- Athletic Trainers
- Massage Therapists
- Music Therapists
- Dieticians
- Psychologists
- Behavior Analysts, Assistant Behavior Analysts And Autism Behavior Interventionists
- Marriage And Family Therapists And Clinical Professional Counselors
- Social Workers
- Alcohol, Drug And Gambling Counselor
- Any personnel of a medical facility who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.
- A coroner.
- A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
- A person working in a school who is licensed or endorsed.
- Any person who maintains or is employed by a facility or establishment that provides care for children, children's camp or other public or private facility, institution or agency furnishing care to a child.
- Any person licensed to conduct a foster home.
- Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
- An attorney.
- Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
- Any person who is employed by or serves as a volunteer for a youth shelter.
- Any adult person who is employed by an entity that provides organized activities for children.
NRS 432B.230Method of making report:
- A person may make a report pursuant to NRS 432B.220 (Mandatory Reporters) by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
- The report must contain the following information, if obtainable:
- The name, address, age and sex of the child;
- The name and address of the child's parents or other person responsible for the care of the child;
- The nature and extent of the abuse or neglect of the child, the effect of prenatal illegal substance abuse on the newborn infant or the nature of the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
- Any evidence of previously known or suspected:
- (1) Abuse or neglect of the child or the child's siblings; or
- (2) Effects of prenatal illegal substance abuse on or evidence of withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
- The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
- Any other information known to the person making the report that the agency which provides child welfare services considers necessary.
No it does not. NRS 432B.220 specifies only two acceptable recipients for your child abuse report—a child protective services agency or a law enforcement agency. This process does not appear to meet the intent of the law. Unless your supervisor works for one of these agencies, this does not fulfill your reporting obligation.
Nrs Minor Gambling Laws
We recommend making a report to the appropriate recipient and then informing your supervisor.
Statutory rape is a crime and requires criminal investigation. In Nevada, child protective services concentrates on child abuse or neglect by individuals who are responsible for the care and protection of a child (NRS 432B.130). You are encouraged to send a copy of your written report to both law enforcement and child protective services to assure all parties have been informed. Additionally, if you believe parental neglect or abuse is in some way responsible for or contributing to the statutory rape, this should be reported to child protective services. If a caregiver covered under (NRS 432B.130) is not responsible or complicit in the statutory rape relationship, it is recommended that you make a primary report to law enforcement.
In your conversation with the young person, you can ask questions to elicit information such as: 'Do your parents know about the relationship?' 'How do your parents feel about your relationship?' If the parents are aware of the relationships and are apathetic or supportive, they would be considered complicit. This may warrant the involvement of child protective services.
The law enforcement agency having jurisdiction is the one where the offense was committed. If you know where the statutory rape occurred, report to that law enforcement agency. If you do not know where the statutory rape occurred, you may report to the one that has jurisdiction where you received the report. The law does not prevent you from reporting to more than one law enforcement agency.
Although you can make reports anonymously, it is important you provide your information in case there are follow up questions or new information arises.
Ultimately, perusing criminal charges is up to the District Attorney's office. If you made a report and nothing has been done, it may be that the DA has chosen not to pursue criminal charges. Some Nevada law enforcement agencies are better informed to statutory rape than others. The same is true of individual officers within the same department. You may wish to talk with a detective and ask for one who handles sex crimes or juvenile issues. Make the report to these types of officers.
Nrs Minor Gambling Rules
If you have made a report, you have met your obligation as a mandatory reporter. It is critical that you document the report has been made, recording 1) Who you gave the report to- being as specific as you can 2) date and time the report was given 3) a concise description of what was reported. You should then follow any other policies your place of employment may have in place. If you obtain new/additional information about the report, it is important you update the agency in which you made a report.
Land-based gambling
Nevada Gambling Laws Within the state of Nevada, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth. Nevada Gaming Control Act and Ancillary Statutes Incorporating Amendments to Chapters 462 - 466 of NRS. Note: Use the following links to access NRS Chapters 462-466 on. NRS 465.094 Limitation on applicability of NRS 465.092 and 465.093. The provisions of NRS 465.092 and 465.093 do not apply to global risk management pursuant to NRS 463.810 and 463.820 or to a wager placed by a person for the person's own benefit or, without compensation, for the benefit of another that is accepted or received by, placed with. Gamble Aware aims to promote responsibility in gambling. They provide information to help you make informed decisions about your gambling. Call the National Gambling Helpline: freephone 0808 8020 133 8am to midnight, 7 days a week. You must be 18 years old or over to use this site. Please bet responsibly.
Authorised establishmentsLicensingEmployees and suppliersZoning restrictionsOperationsTaxesCompliance
What types of gambling establishments are authorised to operate in your jurisdiction and how are they classified?
There are two types of licensed gaming establishment (NRS 463.0169) in Nevada: non-restricted and restricted. A non-restricted gaming licence would include a location operating 16 or more slot machines, or any number of slot machines together with any other game, including a table game, race book and/or sports pool at a single establishment (NRS 463.0177 and 463.245).
Restricted gaming is limited to 15 or fewer slot machines and no other games where gaming is incidental to the primary business; this would include bars, taverns or saloons (NRS 463.161(3)(a)), convenience stores (Nev Gaming Comm'n Reg 1.075), grocery stores (Nev Gaming Comm'n Reg 1.130), drug stores (Nev Gaming Reg 1.101) and liquor stores (Nev Gaming Comm'n Reg 1.141) (Nev Gaming Comm'n Reg 3.015(3)).
The following must have a non-restricted gaming licence, but must conduct their operations at either a restricted or non-restricted gaming establishment, as appropriate to the particular operation operator of a slot machine route (Nev Gaming Comm'n Reg 1.170):
- the operator of an inter-casino linked system (NRS 463.01643);
- the operator of a mobile gaming system (NRS 463.0176);
- the operator of interactive gaming (NRS 463.016425);
- the operator of an information service (NRS 463.01642);
- the operator of a race book (NRS 463.01855);
- the operator of sports pool (NRS 463.0193); and
- the operator of an off-track pari-mutuel system (NRS 464.005(4), (5)).
What licensing procedures and requirements apply to gambling establishments (including any fees)?
All gaming applications (NRS 463.200 and Nev Gaming Comm'n Reg 4.040(1)) are filed with the Nevada Gaming Control Board's Applicant Services Coordinator, who will review the submission to ensure that the application is complete. Only when the application is complete will it be deemed filed with the board. Approximately 14 to 30 days after the application is filed, it will be assigned to a board agent who will conduct the appropriate investigation to determine the applicant's suitability (NRS 463.1405(1) and 463.210(1)).
For those seeking a restricted gaming licence, the application fee is $700. For non-restricted applicants, the applicant must pay a $500 application fee for each person seeking a licence or finding of suitability and all costs of the investigation, including the time of the investigating agents plus all travel costs, copying costs, translation costs and similar costs. The assigned agents will provide an estimate of the investigative costs (Nev Gaming Comm'n Reg 4.070(6)) that must be deposited before commencement of the investigation.
The assigned agents will send a document request letter to each applicant and will schedule an initial interview with each of the individual applicants. The interview is an opportunity for the agents to review the application with the applicant. It is also the applicant's chance to make any corrections or provide clarification regarding the responsive information set forth in the application.
Most investigations are completed within six to eight months. More complex investigations that involve multinational companies may take nine months or longer to complete.
On completion of the review, the board will convene a public hearing to consider the application and question individual applicants and/or their representatives. The board has full and absolute power to make any recommendation that it deems appropriate, including to:
- approve the application with possible limitations and conditions;
- deny the application;
- allow the applicant to withdraw the application with or without prejudice (Nev Gaming Comm'n Reg 4.140); or
- refer the application back to staff for further investigation (NRS 463.220(3)).
The Nevada Gaming Commission will hold its own public hearing to consider the application and the board's recommendation. The commission will make the ultimate determination on whether to grant the requested licence. The commission has full and absolute power to approve, deny or reject the application, or place any limitations or conditions it deems appropriate upon the licence (NRS 463.1405(4) and 463.220(3)-(4)). If the board has recommended denial, then the commission must unanimously vote to approve the application (NRS 463.220(4)(d)).
The commission's ultimate disposition on a gaming application is final and is not subject to judicial review (NRS 463.318(2) andResnick, 104 Nev at 63 n.4). If the commission denies an application, it will enter a written order setting out the reasons for denial (NRS 463.220(7)).
Applications may be amended at any time before the commission's final action (Nev Gaming Comm'n Reg 4.040(4)).
How can licences be renewed, and what terms and fees apply?
Unless the Nevada Gaming Commission limits a licence for a period (NRS 463.1405(4) and 463.220(2)), gaming licences are not subject to renewal through the filing of another licensing application. However, each gaming licence is subject to renewal through the payment of applicable annual and quarterly fees and taxes (NRS 463.270). Failure to pay the appropriate fees or taxes within 30 days of their due dates will result in the gaming licence being deemed surrendered (NRS 463.270(7)).
Once licensed, the following fees may be assessed, depending on the type of licence:
- restricted quarterly slot fees pursuant to NRS 463.373;
- non-restricted quarterly slot fees pursuant to NRS 463.375;
- annual excise tax on slot machines pursuant to NRS 463.385;
- quarterly game licence fees pursuant to NRS 463.383;
- annual game license fees pursuant to NRS 463.380;
- annual licence fees for mobile gaming system and inter-casino linked systems operator pursuant to NRS 463.450;
- annual licence fees for manufacturers and distributors of gaming devices pursuant to NRS 463.660;
- pari-mutuel licence fees pursuant to NRS 463.125;
- annual licence fees for an operator of interactive gaming pursuant to NRS 463.765(1), (2);
- monthly licence fees for a race wire or disseminator pursuant to NRS 463.450;
- annual licence fees for a manufacturer of interactive gaming systems pursuant to NRS 463.760(1)(a), (2);
- annual licence fees for an associated equipment manufacturer for interactive gaming systems pursuant to NRS 463.760(1)(b), (2); and
- annual licence fees for an information service provider pursuant to Regulation 5.240(13).
On what grounds can licences be revoked? Can revocation be challenged in any way?
A gaming licence cannot be revoked unless the Nevada Gaming Control Board commences a formal disciplinary proceeding by filing a complaint with the Nevada Gaming Commission (NRS 463.310(2) and 463.312). The licensee is given an opportunity to request an evidentiary hearing before the commission where any relevant evidence may be submitted, and witnesses called and examined (NRS 463.310-463.3145 and Nev Gaming Comm'n Reg 7).
In such a disciplinary proceeding, the board acts as the prosecutor and has the burden of demonstrating that the licensee violated statute, regulation, licence conditions, minimum internal controls or other applicable local, state or federal law (Trans-Sterling Inc v Bible, 804 F.2d 525, 527 n 1 (9th Cir 1986)). The commission sits as the judge and jury to make final a decision on the evidence that is presented (NRS 463.3145(1)). Thereafter, the licensee may seek judicial review of the commission's final decision pursuant to NRS 463.315-463.318. The courts will affirm the decision of the commission based on any evidence that is not arbitrary, capricious or contrary to law (Nevada Gaming Comm'n v Consolidated Casinos Corp, 94 Nev 139, 141, 575 P.2d 1337 (1987)).
What rules and restrictions govern the hiring and ongoing relationship with employees of and suppliers to gambling establishments?
Gaming employees (NRS 463.0157) must be registered with the Nevada Gaming Control Board pursuant to NRS 463.335(2). Unlike many other gaming jurisdictions, Nevada does not license suppliers or vendors, except for manufacturers and distributors of gaming equipment. However, most non-restricted gaming licensees (NRS 463.0177) conducting gaming operations outside Nevada (NRS 463.680-463.720), and/or are public companies registered (NRS 463.635(1)(c)) with the Nevada Gaming Commission, must have a gaming compliance plan that is administratively approved by the board (Nev Gaming Comm'n Reg 5.045). All such compliance plans require the licensee to conduct some level of due diligence on its key executives, officers and directors, and its vendors, either before entering into a business relationship or, more likely, when a certain monetary threshold of business has been reached in a calendar year.
Are there any zoning or other planning restrictions for gambling establishments?
Zoning or planning restrictions in the Nevada Gaming Control Act and the Nevada Gaming Commission Regulations applicable to licensed gaming establishments consist of the following:
- Except for a grandfathered location, a non-restricted gaming licence may not be granted in a county with a population in excess of 100,000 unless the establishment meets the criteria of a ‘resort hotel' (NRS 463.01865; 463.1605).
- A non-restricted gaming establishment in counties with a population of 700,000 or more must be located in a ‘gaming enterprise district' (NRS 463.3072-463.3094 and NRS 463.0158).
- Gaming activity is prohibited in locations in the immediate vicinity of churches, schools and children's public playgrounds, premises with substantial minor clientele, premises lacking adequate supervision or surveillance, premises that are difficult to police, brothels and any premise where gaming is inconsistent with public policy (Nev Gaming Comm'n Reg 3.010).
In addition, each local government in Nevada has certain zoning and planning restrictions on gaming establishments within its jurisdiction. Larger communities generally have more restrictions on the location of gaming establishments.
What rules, restrictions and ongoing obligations govern the operations of gambling establishments (eg, reporting and monitoring requirements, customer due diligence)? What are the penalties for non-compliance?
Licensed gaming establishments are governed the Nevada Gaming Control Act and the Regulations of the Nevada Gaming Commission. In addition, licensees are expected to comply with any conditions on their licences, minimum internal control standards (MICS), as well as local, state and federal laws (including, but not limited to, compliance with the federal Bank Secrecy Act and the regulations codified in Title 31, Chapter X of the Code of Federal Regulations for Anti-money Laundering Practices and Procedures). Internal audits are required bi-annually and annual independent audits are also required. Most licensees operating in multiple jurisdictions will be required to implement an approved compliance plan to monitor operations and conduct appropriate due diligence.
Disciplinary actions may be formal or informal. Informal disciplinary actions are confidential and require the licensee to explain the cause of the alleged violations and the steps taken to prevent them from recurring.
Penalties may only be imposed through formal disciplinary proceedings. If the commission finds that the licensee committed the alleged violations, it may limit, condition, suspend or revoke the licence and/or impose a fine of up to $250,000 per violation, depending on the circumstances (NRS 463.310(4)).
What taxes and duties apply to gambling establishments?
The following taxes are applicable to the operation of non-restricted gaming establishments:
- annual and quarterly licence fees pursuant to NRS 463.372-463.3856;
- gross revenue fees pursuant to NRS 463.370 – this is a graduated tax assessed monthly on the non-restricted gaming establishment's net win; and
- other taxes and fees applicable to businesses generally, although a credit for gaming taxes paid may be applicable in certain circumstances.
What best practices are advised in order to ensure compliance with the relevant regulations?
Many violations involve failure to follow the MICS. Regular training for staff on the MICS is critical for minimising violations. Additionally, the creation and implementation of a robust gaming compliance programme is the most effective way to comply with applicable laws and regulations (Jeffrey R Rodefer, Creating and Implementing an Effective Gaming Compliance Program, Nevada Gaming Lawyer at 30 (2011)). The programme is an important management tool in establishing a culture of compliance (Dave Staley and Luke Rippee, Nevada's New Gaming Compliance Unit: What Licensees Need to Know, Nevada Gaming Lawyer at 35 (2017)). Finally, making all staff aware that the company, from the CEO down, expects compliance helps to create a culture of compliance (Jeffrey R Rodefer, Culture of Compliance, Nevada Gaming Lawyer at 41 (2017)).
Nevada Laws Pertaining To Consensual Sex and Mandatory Reporting
Yes. If you are a legal guardian of a child and allow them to be in a statutory rape relationship you can be considered complicit in the crime. In this case, Child Protective Services can take action against you for child abuse or neglect.
Research has shown statutory rape relationships are harmful to the younger person involved.
Romantic relationships play an important developmental role in adolescents' lives. However, sexual relationships between young teens––particularly young teen women––and older individuals are associated with increased likelihood of engagement in risky sexual behaviors, and with poorer emotional health among adolescents. Among sexually experienced teens, having sex with someone who is older has been associated with less and/or inconsistent use of contraception, including condoms, and a greater risk of teen pregnancy and diagnosed STDs (sexually transmitted diseases). These risks may persist past adolescence. For example, one study found that having an older sexual partner during adolescence is linked to lower contraceptive use in adulthood. Research also finds that adolescent women with older sexual partners are more likely than women with same-age partners to report mental health problems and substance use.
Adolescent women who become sexually active at a young age are more likely to have an older sexual partner than are adolescent women who delay sex. Additionally, adolescent women who have older sexual partners disproportionately come from disadvantaged backgrounds, experience higher levels of family dysfunction, and have poorer parent-child relationships. Adolescent men who are in sexual relationships with older women also tend to come from disadvantaged backgrounds, although young men are more likely than adolescent women to identify these relationships as casual. Men in relationships with younger women are more likely to have criminal histories and lower levels of education, while women in relationships with younger men tend to have more emotional problems and a history of early sexual experience themselves.
Child Trends Databank. (2015). Statutory rape: Sex between young teens and older individuals. Available at: https://www.childtrends.org/?indicators=statutory-rape-sex-between-young-teens-and-older-individuals
NRS 432B.020 Abuse or neglect of a child means:
Physical or mental injury of a non-accidental nature; Sexual abuse or sexual exploitation; or Negligent treatment or maltreatment (as set forth in NRS 432B.140) of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.
NRS 432B.140Negligent treatment or maltreatment means:
Negligent treatment or maltreatment of a child occurs if a child has been subjected to harmful behavior that is terrorizing, degrading, painful or emotionally traumatic, has been abandoned, is without proper care, control or supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.
In Nevada, Statutory Sexual Seduction and all other laws in the Statutory Rape On-Line Resource Center under the mandatory reporting of child abuse law.
NRS 432B.220 Any person who is described below and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
- Report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
- Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
Mandated Reporters
- A person providing services licensed or certified in this State pursuant to, without limitation:
- Emergency Medical Services
- Physicians, Physician Assistants, Medical Assistants
- Perfusionists And Practitioners Of Respiratory Care
- Homeopathic Physicians, Advanced Practitioners Of Homeopathy And Homeopathic Assistants
- Dentistry And Dental Hygiene
- Nursing
- Osteopathic Medicine
- Chiropractic Physicians And Chiropractors' Assistants
- Doctors Of Oriental Medicine
- Podiatric Physicians And Podiatry Hygienists
- Optometry, Dispensing Opticians
- Audiologists
- Speech-Language Pathologists And Hearing Aid Specialists
- Pharmacists And Pharmacy
- Physical Therapists, Physical Therapists' Assistants And Physical Therapists' Technicians
- Occupational Therapists And Occupational Therapy Assistants
- Athletic Trainers
- Massage Therapists
- Music Therapists
- Dieticians
- Psychologists
- Behavior Analysts, Assistant Behavior Analysts And Autism Behavior Interventionists
- Marriage And Family Therapists And Clinical Professional Counselors
- Social Workers
- Alcohol, Drug And Gambling Counselor
- Any personnel of a medical facility who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.
- A coroner.
- A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
- A person working in a school who is licensed or endorsed.
- Any person who maintains or is employed by a facility or establishment that provides care for children, children's camp or other public or private facility, institution or agency furnishing care to a child.
- Any person licensed to conduct a foster home.
- Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
- An attorney.
- Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
- Any person who is employed by or serves as a volunteer for a youth shelter.
- Any adult person who is employed by an entity that provides organized activities for children.
NRS 432B.230Method of making report:
- A person may make a report pursuant to NRS 432B.220 (Mandatory Reporters) by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
- The report must contain the following information, if obtainable:
- The name, address, age and sex of the child;
- The name and address of the child's parents or other person responsible for the care of the child;
- The nature and extent of the abuse or neglect of the child, the effect of prenatal illegal substance abuse on the newborn infant or the nature of the withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
- Any evidence of previously known or suspected:
- (1) Abuse or neglect of the child or the child's siblings; or
- (2) Effects of prenatal illegal substance abuse on or evidence of withdrawal symptoms resulting from prenatal drug exposure of the newborn infant;
- The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
- Any other information known to the person making the report that the agency which provides child welfare services considers necessary.
No it does not. NRS 432B.220 specifies only two acceptable recipients for your child abuse report—a child protective services agency or a law enforcement agency. This process does not appear to meet the intent of the law. Unless your supervisor works for one of these agencies, this does not fulfill your reporting obligation.
Nrs Minor Gambling Laws
We recommend making a report to the appropriate recipient and then informing your supervisor.
Statutory rape is a crime and requires criminal investigation. In Nevada, child protective services concentrates on child abuse or neglect by individuals who are responsible for the care and protection of a child (NRS 432B.130). You are encouraged to send a copy of your written report to both law enforcement and child protective services to assure all parties have been informed. Additionally, if you believe parental neglect or abuse is in some way responsible for or contributing to the statutory rape, this should be reported to child protective services. If a caregiver covered under (NRS 432B.130) is not responsible or complicit in the statutory rape relationship, it is recommended that you make a primary report to law enforcement.
In your conversation with the young person, you can ask questions to elicit information such as: 'Do your parents know about the relationship?' 'How do your parents feel about your relationship?' If the parents are aware of the relationships and are apathetic or supportive, they would be considered complicit. This may warrant the involvement of child protective services.
The law enforcement agency having jurisdiction is the one where the offense was committed. If you know where the statutory rape occurred, report to that law enforcement agency. If you do not know where the statutory rape occurred, you may report to the one that has jurisdiction where you received the report. The law does not prevent you from reporting to more than one law enforcement agency.
Although you can make reports anonymously, it is important you provide your information in case there are follow up questions or new information arises.
Ultimately, perusing criminal charges is up to the District Attorney's office. If you made a report and nothing has been done, it may be that the DA has chosen not to pursue criminal charges. Some Nevada law enforcement agencies are better informed to statutory rape than others. The same is true of individual officers within the same department. You may wish to talk with a detective and ask for one who handles sex crimes or juvenile issues. Make the report to these types of officers.
Nrs Minor Gambling Rules
If you have made a report, you have met your obligation as a mandatory reporter. It is critical that you document the report has been made, recording 1) Who you gave the report to- being as specific as you can 2) date and time the report was given 3) a concise description of what was reported. You should then follow any other policies your place of employment may have in place. If you obtain new/additional information about the report, it is important you update the agency in which you made a report.
The law states a report must be made to the appropriate child welfare agency or law enforcement. If CPS does not take your report you should call your local law enforcement agency or the law enforcement agency in which the crime took place. If you feel the CPS worker was not completing their duties as an employee of CPS, you can call the local CPS office in your area and ask to speak to the office manager. The manager can take this concern as an educational opportunity. You can locate local offices through this link: http://dcfs.nv.gov/Programs/CWS/CWS_OfficeLocations/
Although the law states a report must be made to the appropriate child welfare agency OR law enforcement, if a report does not involve child abuse or neglect by individuals who are responsible for the care and protection of a child (NRS 432B.130), CPS is not able to investigate the report. NRS 432B.130 states, persons responsible for child's welfare are: A child's parent, guardian, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, a public or private home, institution or facility where the child actually resides or is receiving care outside of the home for all or a portion of the day, or a person directly responsible or serving as a volunteer for or employed by such a home, institution or facility.
Nrs Minor Gambling Winnings
Nevada Specific Resources
- Reporting Child Abuse and Neglect (State of Nevada Division of Child and Family Services)
Additional Resources
- Adolescent Sexual Behavior and the Law (The Crime Victims' Institute)
- Nevada 'Statutory Rape' Laws (NRS 200.368) (Explained by Las Vegas Criminal Defense Lawyers)
- State Legislators' Handbook for Statutory Rape Issues (Office for Victims of Crime)