Nebraska § 9-1104 - Authorized gaming operator; license; authorized activities; condition of licensure; limitation on participation; deduction for debt or state liability; procedure.

§ 9-1104. Authorized gaming operator; license; authorized activities; condition of licensure; limitation on participation; deduction for debt or state liability; procedure.

(1) The operation of games of chance at a licensed racetrack enclosure may be conducted by an authorized gaming operator who holds an authorized gaming operator license.

(2) No more than one authorized gaming operator license shall be granted for each licensed racetrack enclosure within the state. It shall not be a requirement that the person or entity applying for or to be granted such authorized gaming operator license hold a racing license or be the same person or entity who operates the licensed racetrack enclosure at which such authorized gaming operator license shall be granted.

(3) Gaming devices, limited gaming devices, and all other games of chance may be operated by authorized gaming operators at a licensed racetrack enclosure.

(4)(a) Except as provided in subdivision (b) of this subsection, no person younger than twenty-one years of age shall play or participate in any way in any game of chance or use any gaming device or limited gaming device at a licensed racetrack enclosure.

(b) A person nineteen years of age or older shall be allowed to play or participate in a keno lottery conducted in accordance with the Nebraska County and City Lottery Act at a licensed racetrack enclosure as long as such keno lottery is played in an area separate from the casino gaming floor where other games of chance are played.

(5)(a) Except as provided in subdivision (b) of this subsection, no authorized gaming operator shall permit an individual younger than twenty-one years of age to play or participate in any game of chance or use any gaming device or limited gaming device conducted or operated pursuant to the Nebraska Racetrack Gaming Act.

(b) An authorized gaming operator may permit a person nineteen years of age or older to play or participate in a keno lottery conducted in accordance with the Nebraska County and City Lottery Act at a licensed racetrack enclosure as long as such keno lottery is played in an area separate from the casino gaming floor where other games of chance are played.

(6) Except as provided in any waiver or modification approved by the commission pursuant to section 2-1205, if the licensed racetrack enclosure at which such authorized gaming operator conducts games of chance does not hold the minimum number of live racing meets required under section 2-1205, the authorized gaming operator shall be required to cease operating games of chance at such licensed racetrack enclosure until such time as the commission determines the deficiency has been corrected.

(7) Beginning on the implementation date designated by the Tax Commissioner pursuant to subsection (1) of section 9-1312, prior to the winnings payment of any casino winnings as defined in section 9-1303, an authorized gaming operator shall check the collection system to determine if the winner has a debt or an outstanding state liability as required by the Gambling Winnings Setoff for Outstanding Debt Act. If such authorized gaming operator determines that the winner is subject to the collection system, the operator shall deduct the amount of debt and outstanding state liability identified in the collection system from the winnings payment and shall remit the net winnings payment of casino winnings, if any, to the winner and the amount deducted to the Department of Revenue to be credited against such debt or outstanding state liability as provided in section 9-1306.