Nevada § 463.162 - State gaming license required where equipment, services or property delivered or furnished for gaming interest or revenue; exemptions

§ 463.162. State gaming license required where equipment, services or property delivered or furnished for gaming interest or revenue; exemptions

1. Except as otherwise provided in subsections 2 and 3 and NRS 463.1725 , it is unlawful for any person to: (a) Lend, let, lease or otherwise deliver or furnish any equipment of any gambling

game, including any slot machine, for any interest, percentage or share of the money

or property played, under guise of any agreement whatever, without having first procured

a state gaming license. (b) Lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or

capital lease, any slot machine under guise of any agreement whereby any consideration

is paid or is payable for the right to possess or use that slot machine, whether the

consideration is measured by a percentage of the revenue derived from the machine

or by a fixed fee or otherwise, without having first procured a state gaming license

for the slot machine. (c) Furnish services or property, real or personal, on the basis of a contract, lease

or license, pursuant to which that person receives payments based on earnings or profits

from any gambling game, including any slot machine, without having first procured

a state gaming license. 2. The provisions of subsection 1 do not apply to any person: (a) Whose payments are a fixed sum determined in advance on a bona fide basis for

the furnishing of services or property other than a slot machine. (b) Who furnishes services or property under a bona fide rental agreement or security

agreement for gaming equipment. (c) That is a wholly owned subsidiary of: (1) A corporation, limited partnership or limited-liability company holding a state

gaming license; or (2) A holding company or intermediary company, or publicly traded corporation, that

has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it. (d) Who is licensed as a manufacturer or distributor pursuant to NRS 463.650 . (e) Who is found suitable by the Commission to act as an independent agent. Receipts or rentals or charges for real property, personal property or services do

not lose their character as payments of a fixed sum or as bona fide because of provisions

in a contract, lease or license for adjustments in charges, rentals or fees on account

of changes in taxes or assessments, escalations in the cost-of-living index, expansions

or improvement of facilities, or changes in services supplied. Receipts of rentals or charges based on percentage between a corporate licensee

or a licensee who is a limited partnership or limited-liability company and the entities

enumerated in paragraph (c) are permitted under this subsection. 3. The Commission may, upon the issuance of its approval or a finding of suitability,

exempt a holding company from the licensing requirements of subsection 1. 4. The Board may require any person exempted by the provisions of subsection 2 or

paragraph (b) of subsection 1 to provide such information as it may require to perform

its investigative duties. 5. The Board and the Commission may require a finding of suitability or the licensing

of any person who: (a) Owns any interest in the premises of a licensed establishment or owns any interest

in real property used by a licensed establishment whether the person leases the property

directly to the licensee or through an intermediary. (b) Repairs, rebuilds or modifies any gaming device. (c) Manufactures or distributes chips or gaming tokens for use in this state. (d) Operates a call center within this State as an agent of a licensed race book or

sports pool in this State in accordance with the regulations adopted by the Commission. (e) Has invented, has developed or owns the intellectual property rights to a game

for which approval by the Commission is being sought or has been received in accordance

with the regulations adopted by the Commission. 6. If the Commission finds a person described in subsection 5 unsuitable, a licensee

shall not enter into any contract or agreement with that person without the prior

approval of the Commission. Any other agreement between the licensee and that person must be terminated upon

receipt of notice of the action by the Commission. Any agreement between a licensee and a person described in subsection 5 shall be

deemed to include a provision for its termination without liability on the part of

the licensee upon a finding by the Commission that the person is unsuitable. 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. If the application is not presented to the Board within 30 days after demand, the

Commission may pursue any remedy or combination of remedies provided in this chapter.