Senate Bill No. 158–Senator Rawson

 

February 18, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises standards for designation of gaming enterprise districts in certain locations. (BDR 41‑785)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to gaming; revising the standards for designation of gaming enterprise districts in certain locations; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 463.3086 is hereby amended to read as

1-2  follows:

1-3  463.3086  1.  If the location of a proposed establishment:

1-4  (a) Is not within the Las Vegas Boulevard Gaming Corridor or

1-5  the Rural Clark County Gaming Zone; and

1-6  (b) Is not within a gaming enterprise district,

1-7  the Commission shall not approve a nonrestricted license for the

1-8  establishment unless the location of the establishment is designated

1-9  a gaming enterprise district pursuant to this section.

1-10      2.  If a person is proposing to operate an establishment with a

1-11  nonrestricted license and the location of the proposed establishment:

1-12      (a) Is not within the Las Vegas Boulevard Gaming Corridor or

1-13  the Rural Clark County Gaming Zone; and

1-14      (b) Is not within a gaming enterprise district,

1-15  the person may petition the county, city or town having jurisdiction

1-16  over the location of the proposed establishment to designate the

1-17  location of the proposed establishment a gaming enterprise district

1-18  pursuant to this section.

2-1  3.  If a person files a petition pursuant to subsection 2, the

2-2  county, city or town shall, at least 10 days before the date of the

2-3  hearing on the petition, mail a notice of the hearing to:

2-4  (a) Each owner of real property whose property line is less than

2-5  2,500 feet from the property line of the proposed establishment;

2-6  (b) The owner, as listed on the county assessor’s records, of

2-7  each of the 30 separately owned parcels nearest the proposed

2-8  establishment, to the extent this notice does not duplicate the notice

2-9  given pursuant to paragraph (a);

2-10      (c) Each tenant of a mobile home park whose property line is

2-11  less than 2,500 feet from the property line of the proposed

2-12  establishment; and

2-13      (d) Any advisory board that represents one or more owners of

2-14  real property or tenants of a mobile home park whose property line

2-15  is less than 2,500 feet from the property line of the proposed

2-16  establishment.

2-17  The notice must be written in language that is easy to understand

2-18  and must set forth the date, time, place and purpose of the hearing

2-19  and contain a physical description or map of the location of the

2-20  proposed establishment. The petitioner shall pay the costs of

2-21  providing the notice that is required by this subsection.

2-22      4.  Any interested person is entitled to be heard at the hearing

2-23  on the petition.

2-24      5.  The county, city or town shall cause the hearing on the

2-25  petition to be reported by a court reporter who is certified pursuant

2-26  to chapter 656 of NRS. The petitioner shall pay the costs of having

2-27  the hearing reported.

2-28      6.  At the hearing, the petitioner must prove by clear and

2-29  convincing evidence that:

2-30      (a) The roads, water, sanitation, utilities and related services to

2-31  the location are adequate;

2-32      (b) The proposed establishment will not unduly impact public

2-33  services, consumption of natural resources and the quality of life

2-34  enjoyed by residents of the surrounding neighborhoods;

2-35      (c) The proposed establishment will enhance, expand and

2-36  stabilize employment and the local economy;

2-37      (d) The proposed establishment will be located in an area

2-38  planned or zoned for that purpose pursuant to NRS 278.010 to

2-39  278.630, inclusive;

2-40      (e) The proposed establishment will not be detrimental to the

2-41  health, safety or general welfare of the community or be

2-42  incompatible with the surrounding area;

2-43      (f) On the date that the petition was filed, the property line of the

2-44  proposed establishment and the property line of any related parcel

2-45  of land was not less than:

3-1       (1) [Five] Fifteen hundred feet from the property line of a

3-2  developed residential district; and

3-3       (2) [Fifteen] Twenty-five hundred feet from the property line

3-4  of a public school, private school or structure used primarily for

3-5  religious services or worship; and

3-6  (g) The proposed establishment will not adversely affect:

3-7       (1) A developed residential district; or

3-8       (2) A public school, private school or structure used

3-9  primarily for religious services,

3-10  whose property line is within [2,500] 3,500 feet from the property

3-11  line of the proposed establishment[.

3-12      7.  A three-fourths vote of the governing body of the county,

3-13  city or town is required to] and the property line of any related

3-14  parcel of land.

3-15      7.  To grant the petition to designate the location of the

3-16  proposed establishment a gaming enterprise district pursuant to this

3-17  section[.] , a majority plus 1 of the total membership of the

3-18  governing body of the county, city or town must vote to grant the

3-19  petition. Notwithstanding the provisions of subsection 4 of NRS

3-20  281.501, if any member of the governing body abstains from

3-21  voting, the number of votes necessary to grant the petition is not

3-22  reduced as though the member abstaining were not a member of

3-23  the governing body.

3-24      8.  A county, city or town that denies a petition submitted

3-25  pursuant to this section shall not consider another petition

3-26  concerning the same location or any portion thereof for 1 year after

3-27  the date of the denial.

3-28      9.  As used in this section:

3-29      (a) “Developed residential district” means a parcel of land zoned

3-30  primarily for residential use in which at least one completed

3-31  residential unit has been constructed on the date that the petitioner

3-32  files a petition pursuant to this section.

3-33      (b) “Private school” has the meaning ascribed to it in

3-34  NRS 394.103.

3-35      (c) “Public school” has the meaning ascribed to it in

3-36  NRS 385.007.

3-37      (d) “Related parcel of land” means any parcel of land that is

3-38  used or maintained in connection with or to support an

3-39  establishment.

3-40      Sec. 2.  NRS 281.501 is hereby amended to read as follows:

3-41      281.501  1.  Except as otherwise provided in subsection 2 or 3,

3-42  a public officer may vote upon a matter if the benefit or detriment

3-43  accruing to him as a result of the decision either individually or in a

3-44  representative capacity as a member of a general business,

3-45  profession, occupation or group is not greater than that accruing to

4-1  any other member of the general business, profession, occupation or

4-2  group.

4-3  2.  In addition to the requirements of the code of ethical

4-4  standards, a public officer shall not vote upon or advocate the

4-5  passage or failure of, but may otherwise participate in the

4-6  consideration of a matter with respect to which the independence of

4-7  judgment of a reasonable person in his situation would be materially

4-8  affected by:

4-9  (a) His acceptance of a gift or loan;

4-10      (b) His pecuniary interest; or

4-11      (c) His commitment in a private capacity to the interests of

4-12  others.

4-13  It must be presumed that the independence of judgment of a

4-14  reasonable person would not be materially affected by his pecuniary

4-15  interest or his commitment in a private capacity to the interests of

4-16  others where the resulting benefit or detriment accruing to him or to

4-17  the other persons whose interests to which the member is committed

4-18  in a private capacity is not greater than that accruing to any other

4-19  member of the general business, profession, occupation or group.

4-20  The presumption set forth in this subsection does not affect the

4-21  applicability of the requirements set forth in subsection 3 relating to

4-22  the disclosure of the pecuniary interest or commitment in a private

4-23  capacity to the interests of others.

4-24      3.  A public officer or employee shall not approve, disapprove,

4-25  vote, abstain from voting or otherwise act upon any matter:

4-26      (a) Regarding which he has accepted a gift or loan;

4-27      (b) Which would reasonably be affected by his commitment in a

4-28  private capacity to the interest of others; or

4-29      (c) In which he has a pecuniary interest,

4-30  without disclosing sufficient information concerning the gift, loan,

4-31  commitment or interest to inform the public of the potential effect of

4-32  the action or abstention upon the person who provided the gift or

4-33  loan, upon the person to whom he has a commitment[,] or upon his

4-34  interest. Except as otherwise provided in subsection 6, such a

4-35  disclosure must be made at the time the matter is considered. If the

4-36  officer or employee is a member of a body which makes decisions,

4-37  he shall make the disclosure in public to the Chairman and other

4-38  members of the body. If the officer or employee is not a member of

4-39  such a body and holds an appointive office, he shall make the

4-40  disclosure to the supervisory head of his organization or, if he holds

4-41  an elective office, to the general public in the area from which he is

4-42  elected. This subsection does not require a public officer to disclose

4-43  any campaign contributions that the public officer reported pursuant

4-44  to NRS 294A.120 or 294A.125 in a timely manner.

5-1  4.  [If] Except as otherwise provided in NRS 463.3086, if a

5-2  public officer declares to the body or committee in which the vote is

5-3  to be taken that he will abstain from voting because of the

5-4  requirements of this section, the necessary quorum to act upon and

5-5  the number of votes necessary to act upon the matter, as fixed by

5-6  any statute, ordinance or rule, is reduced as though the member

5-7  abstaining were not a member of the body or committee.

5-8  5.  If a public officer is voting on a matter which affects public

5-9  employees, he shall make a full public disclosure of any personal

5-10  pecuniary interest which he may have in the matter.

5-11      6.  After a member of the Legislature makes a disclosure

5-12  pursuant to subsection 3, he may file with the Director of the

5-13  Legislative Counsel Bureau a written statement of his disclosure.

5-14  The written statement must designate the matter to which the

5-15  disclosure applies. After a Legislator files a written statement

5-16  pursuant to this subsection, he is not required to disclose orally his

5-17  interest when the matter is further considered by the Legislature or

5-18  any committee thereof. A written statement of disclosure is a public

5-19  record and must be made available for inspection by the public

5-20  during the regular office hours of the Legislative Counsel Bureau.

5-21      7.  The provisions of this section do not, under any

5-22  circumstances:

5-23      (a) Prohibit a member of the legislative branch from requesting

5-24  or introducing a legislative measure; or

5-25      (b) Require a member of the legislative branch to take any

5-26  particular action before or while requesting or introducing a

5-27  legislative measure.

5-28      8.  As used in this section, “commitment in a private capacity to

5-29  the interests of others” means a commitment to a person:

5-30      (a) Who is a member of his household;

5-31      (b) Who is related to him by blood, adoption or marriage within

5-32  the third degree of consanguinity or affinity;

5-33      (c) Who employs him or a member of his household;

5-34      (d) With whom he has a substantial and continuing business

5-35  relationship; or

5-36      (e) Any other commitment or relationship that is substantially

5-37  similar to a commitment or relationship described in this subsection.

5-38      Sec. 3.  The amendatory provisions of this act apply to a

5-39  petition to designate the location of a proposed establishment a

5-40  gaming enterprise district pursuant to NRS 463.3086 that is filed on

5-41  or after December 31, 2003.

5-42      Sec. 4.  This act becomes effective on December 31, 2003.

 

5-43  H