Senate Bill No. 208

Senate Bill No. 208-Senators James, Neal, Rawson, O'Connell, Jacobsen, Mathews, Schneider, Titus, Washington and Wiener

CHAPTER

452

AN ACT relating to gaming; revising the provisions relating to approval of nonrestricted gaming licenses in certain counties; revising various provisions governing establishments holding nonrestricted licenses; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. 1. The legislature hereby finds that:
(a) According to the United States Bureau of the Census, the State of Nevada was the fastest-growing state in the United States during the period from 1990 to 1996, increasing its population by approximately 27 percent.
(b) Forecasters estimate that the State of Nevada will be the fastest-growing state into the beginning of the 21st century, increasing its population during the period from 1996 to 2020 by approximately 79 percent.
(c) Approximately 65 percent of the residents of the State of Nevada currently live in Clark County and that percentage is increasing.
(d) During the period from 1985 to 1995, the population of Clark County has increased annually by an amount of between 4 and 9 percent.
(e) As the population of Clark County increases, the demand for safe and peaceful residential neighborhoods increases, and the need to ensure that such neighborhoods are available in the face of unrelenting urban growth also increases.
2. The legislature hereby finds that:
(a) The gaming industry is vital to the economy of this state and Clark County, and the continued growth and success of gaming is of critical importance to the general welfare of all the residents of this state.
(b) A significant part of the continued growth and success of gaming depends upon the attractiveness, excitement and vitality of the Las Vegas Strip. To make the Las Vegas Strip more attractive to visitors, there is a need to promote new development along the Strip and to concentrate the next generation of resort hotels in a location that is convenient to visitors, supported by an existing infrastructure and suitable for the unique and exciting atmosphere of resort hotels.
(c) The concentration of the next generation of large gaming establishments along the Las Vegas Strip would use land efficiently and would promote responsible use of financial and natural resources by encouraging urban development in those areas where the transportation systems and infrastructure are best suited for such intensive development.
3. The legislature hereby finds that:
(a) Although the continued growth and success of gaming is essential to the welfare of Clark County and this state, the growth of gaming in a planned and predictable manner is necessary for the safety, integrity and tranquillity of the residential neighborhoods of Clark County.
(b) By concentrating the growth of gaming in those areas where it is most appropriate, the gaming industry and residential neighborhoods will both benefit enormously as those areas best suited for gaming, such as the Las Vegas Strip, will continue to grow and flourish, and those areas best suited for residential living, whether existing or planned for the future, will continue to provide the scenic beauty and safe environment that is essential for enhancing the quality of life of families and children.
4. The legislature hereby declares that:
(a) Because Southern Nevada is the source of a majority of the revenues generated in this state, the well-being and prosperity of the State of Nevada as a whole is necessarily dependent on the orderly, responsible growth of Clark County.
(b) The fact that a single area has such a significant impact on the rest of the state makes necessary the enactment of a law of special application to ensure that the various communities within Clark County will be able to grow in an orderly and responsible manner into the next century and beyond.
5. The legislature, therefore, hereby declares that because a general law cannot be made applicable because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in regions controlled by those local governments, and the special conditions experienced in Clark County as a result of unrestricted gaming development, it is necessary by special act to provide a means by which the State of Nevada may ensure that the growth of gaming within Clark County proceeds in an orderly and responsible manner, to the benefit of residents of and visitors to this state.
Sec. 3. The provisions of sections 2 to 11, inclusive, of this act apply to establishments and gaming enterprise districts that are located in a county whose population is 400,000 or more.
Sec. 4. The location of a proposed establishment shall be deemed to be within the Las Vegas Boulevard gaming corridor if the property line of the proposed establishment:
1. Is within 1,500 feet of the centerline of Las Vegas Boulevard;
2. Is south of the intersection of Las Vegas Boulevard and that portion of St. Louis Avenue which is designated State Highway No. 605; and
3. Is adjacent to or north of the northern edge line of State Highway No. 146.
Sec. 5. The location of a proposed establishment shall be deemed to be within the rural Clark County gaming zone if the property line of the proposed establishment is not within any of the tracts of land located in the Las Vegas urban growth zone described in section 11 of this act.
Sec. 6. If the location of a proposed establishment:
1. Is within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and
2. Is not within a gaming enterprise district,
the commission shall not approve a nonrestricted license for the establishment unless the location of the proposed establishment is designated a gaming enterprise district pursuant to NRS 463.194.
Sec. 7. 1. If the location of a proposed establishment:
(a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and
(b) Is not within a gaming enterprise district,
the commission shall not approve a nonrestricted license for the establishment unless the location of the establishment is designated a gaming enterprise district pursuant to this section.
2. If a person is proposing to operate an establishment with a nonrestricted license and the location of the proposed establishment:
(a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and
(b) Is not within a gaming enterprise district,
the person may petition the county, city or town having jurisdiction over the location of the proposed establishment to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.
3. If a person files a petition pursuant to subsection 2, the county, city or town shall, at least 10 days before the date of the hearing on the petition, mail a notice of the hearing to:
(a) Each owner of real property whose property line is less than 2,500 feet from the property line of the proposed establishment;
(b) Each tenant of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment; and
(c) Any advisory board that represents one or more owners of real property or tenants of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment.
The notice must be written in language that is easy to understand and must set forth the date, time, place and purpose of the hearing and contain a physical description or map of the location of the proposed establishment. The petitioner shall pay the costs of providing the notice that is required by this subsection.
4. Any interested person is entitled to be heard at the hearing on the petition.
5. The county, city or town shall cause the hearing on the petition to be reported by a court reporter who is certified pursuant to chapter 656 of NRS. The petitioner shall pay the costs of having the hearing reported.
6. At the hearing, the petitioner must prove by clear and convincing evidence that:
(a) The roads, water, sanitation, utilities and related services to the location are adequate;
(b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;
(c) The proposed establishment will enhance, expand and stabilize employment and the local economy;
(d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;
(e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area;
(f) On the date that the petition was filed, the property line of the proposed establishment was not less than:
(1) Five hundred feet from the property line of a developed residential district; and
(2) Fifteen hundred feet from the property line of a public school, private school or structure used primarily for religious services or worship; and
(g) The proposed establishment will not adversely affect:
(1) A developed residential district; or
(2) A public school, private school or structure used primarily for religious services,
whose property line is within 2,500 feet from the property line of the proposed establishment.
7. A three-fourths vote of the governing body of the county, city or town is required to grant the petition to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.
8. A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.
9. As used in this section:
(a) "Developed residential district" means a parcel of land zoned primarily for residential use in which at least one completed residential unit has been constructed on the date that the petitioner files a petition pursuant to this section.
(b) "Private school" has the meaning ascribed to it in NRS 394.103.
(c) "Public school" has the meaning ascribed to it in NRS 385.007.
Sec. 8. 1. After a county, city or town makes a decision on a petition filed pursuant to section 7 of this act:
(a) The petitioner may appeal to the committee if the petition is denied; or
(b) An aggrieved party may appeal to the committee if the petition is granted.
2. A notice of appeal must be filed with the committee not later than 10 days after the date of the decision on the petition.
3. The committee may hear only one appeal from the decision on the petition.
4. The committee shall determine whether a person who files a notice of appeal is an aggrieved party. If more than one person files a notice of appeal, the committee shall consolidate the appeals of all persons who the committee determines are aggrieved parties.
5. If the petitioner files a notice of appeal, the county, city or town that denied the petition shall be deemed to be the opposing party, and the county, city or town may elect to defend its decision before the committee.
6. If a notice of appeal is filed by the petitioner or an aggrieved party, the petitioner shall request the court reporter to prepare a transcript of the report of the hearing on the petition, and the petitioner shall pay the costs of preparing the transcript.
7. The committee shall consider the appeal not later than 30 days after the date the notice of appeal is filed. The committee may accept written briefs or hear oral arguments, or both. The committee shall not receive additional evidence and shall confine its review to the record. In reviewing the record, the committee may substitute its judgment for that of the county, city or town and may make its own determinations as to the sufficiency and weight of the evidence on all questions of fact or law.
8. The committee shall issue its decision and written findings not later than 30 days after the appeal is heard or is submitted for consideration without oral argument. The committee shall affirm or reverse the decision of the county, city or town and shall grant or deny the petition in accordance with its affirmance or reversal.
9. Any party to the appeal before the committee may appeal the decision of the committee to grant or deny the petition to the district court. A party must file such an appeal not later than 20 days after the date of the decision of the committee.
10. The committee may take any action that is necessary to carry out the provisions of this section. Any action that is taken by the committee pursuant to this section must be approved by a majority vote of the membership of the committee.
11. As used in this section, "committee" means the review panel of the gaming policy committee as provided in subsection 6 of NRS 463.021.
Sec. 9. 1. If a county, city or town has established one or more gaming enterprise districts before, on or after the effective date of this act, the county, city or town shall make available for public inspection a map that shows the location of each gaming enterprise district that the county, city or town has established within the limits of its jurisdiction.
2. The county, city or town shall update the map at least once every 4 months.
3. The map is a public record that is subject to the provisions of chapter 239 of NRS.
Sec. 10. 1. If a parcel of property is not within the Las Vegas Boulevard gaming corridor, is located in a gaming enterprise district and is not being used for the operation of an establishment with a nonrestricted license, a person who owns, leases or controls the property shall erect and maintain at least one sign that complies with the provisions of subsection 2 on each frontage of the property that is adjacent to a county, city or town street or a state highway, if the person intends to use, sell or lease the property for the operation of an establishment with a nonrestricted license.
2. A sign that is required to be erected and maintained pursuant to subsection 1:
(a) Is for informational purposes only and must comply with all local ordinances and regulations that do not conflict with the provisions of this subsection and subsection 1;
(b) Must be located not more than 20 feet from the edge of the street or state highway that it faces;
(c) Must not be less than 32 square feet nor more than 80 square feet in surface area and must contain lettering that is not less than 6 inches in height;
(d) Must indicate in simple and concise language that the property is intended to be used for a casino and a resort hotel; and
(e) Must be maintained until the proposed establishment is substantially completed or the person who owns, leases or controls the property no longer intends to use, sell or lease the property for the operation of an establishment with a nonrestricted license.
Sec. 11. The Las Vegas urban growth zone consists of the following tracts of land:
1. All of sections 1 through 3, the north half of section 10, and all of sections 12, 13, 24, 25 and 36, Township 19 South, Range 59 East, MDM.
2. The south half of section 1 and all of sections 2 through 36, Township 19 South, Range 60 East, MDM.
3. The south half of section 6, all of section 7 and all of sections 13 through 36, Township 19 South, Range 61 East, MDM.
4. All of sections 18 through 21, the south half of section 22, the west half of section 26, all of sections 27 through 34 and the west half of section 35, Township 19 South, Range 62 East, MDM.
5. All of sections 1 and 12 through 14, the south half of section 15, the southwest quarter of section 20, and all of sections 21 through 29 and 33 through 36, Township 20 South, Range 59 East, MDM.
6. All of Township 20 South, Range 60 East, MDM.
7. All of Township 20 South, Range 61 East, MDM.
8. The west half of section 2, all of sections 3 through 10, the west half of section 11, the west half of section 14, all of sections 15 through 22, the west half of section 23, the west half of section 26, all of sections 27 through 34 and the west half of section 35, Township 20 South, Range 62 East, MDM.
9. All of sections 1 and 2, the north half of the northeast quarter of section 3, and all of sections 11 through 14, 23 through 26 and 36, Township 21 South, Range 59 East, MDM.
10. All of Township 21 South, Range 60 East, MDM.
11. All of Township 21 South, Range 61 East, MDM.
12. The west half of section 2, all of sections 3 through 10, the west half of section 11, the west half of section 14, all of sections 15 through 22, the west half of the west half of section 23, the south half of the south half of section 25, and all of sections 26 through 36, Township 21 South, Range 62 East, MDM.
13. All of sections 27, 31 through 33 and those portions of sections 26 and 34 north of state route 41, Township 21 South, Range 63 East, MDM.
14. The north half of section 1, Township 22 South, Range 59 East, MDM.
15. All of sections 1 through 29, the north half of section 30, all of section 34, the north half and the southeast quarter of section 35, and all of section 36, Township 22 South, Range 60 East, MDM.
16. All of Township 22 South, Range 61 East, MDM.
17. All of sections 1 through 33, Township 22 South, Range 62 East, MDM.
18. All of sections 4 through 9, 16 through 21 and 27 through 34, Township 22 South, Range 63 East, MDM.
19. All of sections 1 through 6, 8 through 17 and 20 through 24, Township 23 South, Range 61 East, MDM.
20. All of sections 5 through 8, the west half of section 17, all of section 18 and those portions of sections 19 and 20 located outside of the North McCullough Wilderness Study Area as the boundaries of that area existed on May 1, 1997, Township 23 South, Range 62 East, MDM.
21. The northwest quarter and that portion of the northeast quarter of section 3 lying northwest of the line connecting the northeast corner of section 3 with the center of section 3, Township 23 South, Range 63 East, MDM.
Sec. 12. NRS 463.0129 is hereby amended to read as follows:
463.0129 1. The legislature hereby finds, and declares to be the public policy of this state, that:
(a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.
(b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively, that establishments where gaming is conducted and where gambling devices are operated do not unduly impact the quality of life enjoyed by residents of the surrounding neighborhoods, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.
(d) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.
(e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the legislature.
2. No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
3. This section does not:
(a) Abrogate or abridge any common law right of a gaming establishment to exclude any person from gaming activities or eject any person from the premises of the establishment for any reason; or
(b) Prohibit a licensee from establishing minimum wagers for any gambling game or slot machine.
Sec. 13. NRS 463.021 is hereby amended to read as follows:
463.021 1. The gaming policy committee, consisting of the governor as chairman and 10 members, is hereby created.
2. The committee must be composed of:
(a) One member of the commission, designated by the chairman of the commission;
(b) One member of the board, designated by the chairman of the board;
(c) One member of the senate appointed by the legislative commission;
(d) One member of the assembly appointed by the legislative commission;
(e) One enrolled member of a Nevada Indian tribe appointed by the Inter-Tribal Council of Nevada, Inc.; and
(f) Five members appointed by the governor for terms of 2 years as follows:
(1) Two representatives of the general public;
(2) Two representatives of nonrestricted gaming licensees; and
(3) One representative of restricted gaming licensees.
3. Members who are appointed by the governor serve at the pleasure of the governor.
4. Members who are legislators serve terms beginning when the legislature convenes and continuing until the next regular session of the legislature is convened.
5. [The] Except as otherwise provided in subsection 6, the governor may call meetings of the gaming policy committee for the exclusive purpose of discussing matters of gaming policy. The recommendations concerning gaming policy made by the committee pursuant to this subsection are advisory and not binding on the board or the commission in the performance of their duties and functions.
6. An appeal filed pursuant to section 8 of this act may be considered only by a review panel of the committee. The review panel must consist of the members of the committee who are identified in paragraphs (a), (b) and (e) of subsection 2 and subparagraph (1) of paragraph (f) of subsection 2.
Sec. 14. NRS 463.192 is hereby amended to read as follows:
463.192 1. The commission shall not approve a nonrestricted license for an establishment in a county whose population is 400,000 or more unless the establishment is located in a gaming enterprise district.
2. The location of an establishment within a gaming enterprise district may not be expanded unless the expansion of the location of the establishment is also within a gaming enterprise district.
3. If an establishment is not located within a gaming enterprise district, the establishment may not increase the number of games or slot machines operated at the establishment beyond the number of games or slot machines authorized for such a classification of establishment by local ordinance on December 31, 1996.
Sec. 15. NRS 113.070 is hereby amended to read as follows:
113.070 1. Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:
(a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to section 9 of this act by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and
(b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.
The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
2. The information contained in the disclosure document required by subsection 1 must:
(a) Be updated no less than once every 4 months;
(b) Advise the initial purchaser that gaming enterprise districts are subject to change; and
(c) Provide the initial purchaser with instructions on how to obtain more current information.
3. The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
4. Before the initial purchaser of a residence signs a sales agreement, the seller shall, by separate written document, disclose to him the zoning designations and the designations in the master plan regarding land use, adopted pursuant to chapter 278 of NRS for the adjoining parcels of land. If the residence is located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the date of receipt by the initial purchaser of the original document.
[2.] 5. The information contained in the disclosure document required by subsection 4 must:
(a) Be updated no less than once every 6 months, if the information is available from the local government;
(b) Advise the initial purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and
(c) Provide the initial purchaser with instructions on how to obtain more current information.
[3.] 6. As used in this section, "seller" means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.
Sec. 16. NRS 410.270 is hereby amended to read as follows:
410.270 1. "Outdoor advertising," "outdoor advertising sign, display or device" and "sign, display or device" mean any outdoor sign, display, device, light, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary highway systems.
2. The terms do not include a sign that is required to be erected and maintained in a gaming enterprise district pursuant to section 10 of this act.
Sec. 17. Section 5 of chapter 485, Statutes of Nevada 1991, as amended by section 2 of chapter 497, Statutes of Nevada 1993, at page 2048, is hereby amended to read as follows:

Sec. 5. 1. NRS 463.1605 does not apply to:

(a) Any application for a nonrestricted license filed with the state gaming control board before July 1, 1992 [; or] , and approved by the Nevada gaming commission before December 31, 1999, provided that the nonrestricted license does not permit the operation of more games or slot machines at the establishment than is authorized for such a classification of establishment by local ordinance on the date that the nonrestricted license is approved.

(b) Any establishment that holds or held a nonrestricted license issued before July 1, 1992, [unless the] provided that the nonrestricted license does not permit the operation of more games or slot machines at the establishment than is authorized for such a classification of establishment by local ordinance as of December 31, 1996.

2. The exemptions set forth in subsection 1 do not apply to an establishment that ceases gaming operations for a period of more than 2 years after July 1, 1992.

[2.] 3. NRS 463.1605 does not prohibit:

(a) The operation of a race book or sports pool at an establishment that was issued a license for such an operation before July 1, 1993, unless the establishment ceases its operation of the race book or sports pool for a period of more than 2 years.

(b) The movement of a race book or sports pool operation that was issued a license before July 1, 1993, to any location within the same county if the operation is otherwise permitted at the new location.

Sec. 18. 1. The term of the member of the gaming policy committee designated by the commission pursuant to paragraph (a) of subsection 2 of NRS 463.021 shall be deemed to expire on the effective date of this act and the chairman of the commission shall, as soon as practicable, designate a new member pursuant to the amendatory provisions of section 13 of this act.
2. The term of the member of the gaming policy committee designated by the board pursuant to paragraph (b) of subsection 2 of NRS 463.021 shall be deemed to expire on the effective date of this act and the chairman of the board shall, as soon as practicable, designate a new member pursuant to the amendatory provisions of section 13 of this act.
Sec. 19. The amendatory provisions of this act do not apply to:
1. An establishment that holds a nonrestricted license for a resort hotel on the effective date of this act and all parcels of land that are adjacent to the property line of the establishment or adjacent to a street or highway that is adjacent to the property line of such an establishment, if such parcels are owned or leased, on the effective date of this act, by the same person or entity, or any affiliate of the person or entity, which owns or leases the property on which the establishment is located; or
2. The location of a proposed establishment if:
(a) The property line of the proposed establishment is:
(1) Within 1,500 feet from the centerline of the Boulder Highway;
(2) South of the intersection of the Boulder Highway and Race Track Road; and
(3) North of the northern edge line of Railroad Pass; and
(b) The local governing body having jurisdiction over the location of the proposed establishment granted all approvals for land use for the proposed establishment before the effective date of this act and those approvals were unexpired on that date.
Sec. 20. A proposed resort hotel:
1. That is located on 25 or more acres of property;
2. That is located in the unincorporated area of the county, which has been designated for gaming by the master plan of the county; and
3. For which an application for appropriate zoning is submitted to the county before June 28, 1997,
may petition the county, city or town having jurisdiction over the location of the proposed establishment to designate the location of the proposed establishment a gaming enterprise district pursuant to NRS 463.194.
Sec. 21. 1. Except as otherwise provided in subsections 2 to 6, inclusive, all designations of locations as gaming enterprise districts that were made before the effective date of this act expire on the effective date of this act.
2. The provisions of subsection 1 do not apply to a location that was designated a gaming enterprise district before the effective date of this act if:
(a) The local governing body having jurisdiction over the location of the proposed establishment grants all approvals for land use for the proposed establishment on or before December 31, 1998, and those approvals remain unexpired on that date; and
(b) The Nevada gaming commission approves a nonrestricted license for the proposed establishment on or before December 31, 2002.
3. The provisions of subsection 1 do not apply to a location that is within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone.
4. The provisions of subsection 1 do not apply to a location that is within the boundaries of a master planned community, as defined by local ordinance:
(a) Of 125 acres or more;
(b) That was initially approved before June 28, 1997; and
(c) In which gaming was a permitted use before the approval of the master planned community or in which gaming was approved as part of the approval of the master planned community.
5. The provisions of subsection 1 do not apply to a location that was designated a gaming enterprise district before June 28, 1997, if the location:
(a) Is 20 contiguous acres or more and was located in the unincorporated area of the county on the effective date of this act;
(b) Is within 1,500 feet from an interstate highway interchange that was located in the unincorporated area of the county on the effective date of this act;
(c) Is within 1,500 feet from the Las Vegas Boulevard gaming corridor; and
(d) Is within 1,500 feet from a parcel of land on which a licensed resort hotel was operated or located within the 2 years immediately preceding the effective date of this act.
6. The provisions of subsection 1 do not apply to a location that was designated a gaming enterprise district before June 28, 1997, if the location:
(a) Is owned or leased by a nonrestricted licensee or its affiliate;
(b) Is 20 contiguous acres or more and was located in the unincorporated area of the county on the effective date of this act; and
(c) Is within 1,500 feet from a parcel of land on which a licensed resort hotel was operated or located on the effective date of this act.
7. If the designation of a location as a gaming enterprise district expires pursuant to subsection 1, the person proposing to operate the establishment may petition the county, city or town having jurisdiction over the location of the proposed establishment to have the location designated a gaming enterprise district pursuant to section 7 of this act.
Sec. 22. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 23. This act becomes effective upon passage and approval.
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