SUMMARY--Revises provisions governing revocation of gaming licenses. (BDR 41-1236)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to gaming; revising the provisions governing the revocation of gaming licenses; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 463.310 is hereby amended to read as follows:
463.3101. The board shall make appropriate investigations:
(a) To determine whether there has been any violation of this chapter or chapter 462, 464, 465 or 466 of NRS or any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to this chapter or chapter 462, 464, 465 or 466 of NRS.
(e) As directed by the commission.
2. If, after any investigation , the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 462, 464 or 466 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review it and all matter presented in support thereof, and shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.
4. After the provisions of subsections 1, 2 and 3 have been complied with, the commission may:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;
(c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment; and
(d) Fine each person or entity or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:
(1) Not less than $25,000 nor more than $250,000 for each separate violation of any regulation adopted pursuant to NRS 463.125 which is the subject of an initial or subsequent complaint; or
(2) Except as otherwise provided in subparagraph (1) of this paragraph, not more than $100,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of any subsequent complaint.
All fines must be paid to the state treasurer for deposit in the state general fund.
5. For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of the establishment or person.
6. The commission shall revoke the license of a licensed gaming establishment or individual licensee if the establishment or individual licensee is found to have engaged, during a 10-year period, in three or more of the following acts:
(a) The unlawful termination or suspension of an employee that constitutes an unfair labor practice pursuant to 29 U.S.C. § 158; or
(b) The unlawful termination of an employee benefit plan providing pension or health benefits that constitutes an unfair labor practice pursuant to 29 U.S.C. § 158.
For the purposes of this subsection, a licensed gaming establishment or individual licensee is found to have engaged in an act described in paragraph (a) or (b) if the National Labor Relations Board has entered an order pursuant to 29 U.S.C. § 160(c) finding that the licensed gaming establishment or individual licensee has engaged in such an act and the order has been enforced pursuant to 29 U.S.C. § 160(e).
7. If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.
[7.] 8. Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
[8.] 9. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315 to 463.318, inclusive.
Sec. 2. The amendatory provisions of this act apply to any licensed gaming establishment or individual licensee that engages in any act described in paragraph (a) or (b) of subsection 6 of NRS 463.310 on or after October 1, 1987.