Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 463.165 - Licensing of certain persons having significant influence over gaming operation of licensee; remuneration, contracts and employment prohibited for certain unsuitable or unlicensed persons; termination of contracts or agreements for services or employment1. Except for persons associated with licensed corporations, limited partnerships or limited-liability companies and required to be licensed pursuant to NRS 463.530, 463.569 or 463.5735, each employee, agent, guardian, personal representative, lender or holder of indebtedness of a gaming licensee who, in the opinion of the Commission, has the power to exercise a significant influence over the licensee's operation of a gaming establishment may be required to apply for a license.2. A person required to be licensed pursuant to subsection 1 shall apply for a license within 30 days after the Commission requests that the person do so.3. If an employee required to be licensed under subsection 1: (a) Does not apply for a license within 30 days after being requested to do so by the Commission, and the Commission makes a finding of unsuitability for that reason;(b) Is denied a license; or(c) Has his or her license revoked by the Commission, the licensee by whom the employee is employed shall terminate his or her employment in any capacity in which the employee is required to be licensed and shall not permit the employee to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail of that action.
4. A gaming licensee or an affiliate of the licensee shall not pay to a person whose employment has been terminated pursuant to subsection 3 any remuneration for any service performed in any capacity in which the person is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the action by the Commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the Commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.5. A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the Commission, enter into any contract or agreement with a person who is found unsuitable or who is denied a license or whose license is revoked by the Commission, or with any business enterprise that the licensee knows or under the circumstances reasonably should know is under the control of that person after the date of receipt of notice of the action by the Commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the Commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.6. A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the Commission, employ any person in a capacity for which the person is required to be licensed, if the person has been found unsuitable or denied a license, or if the person's license has been revoked by the Commission, after the date of receipt of notice of the action by the Commission. Every contract or agreement for employment with a gaming licensee or an affiliate shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the Commission that the person is unsuitable to be associated with a gaming enterprise. Failure to expressly include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.7. As used in this section, "affiliate" means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a licensee.Added to NRS by 1977, 1425; A 1979, 474, 1525; 1981, 1064; 1993, 1998; 1999, 3172; 2007, 1103Added to NRS by 1977, 1425; A 1979, 474, 1525; 1981, 1064; 1993, 1998; 1999, 3172; 2007, 1103