Nevada § 463.3086 - Gaming enterprise district: Petition for designation of location if outside of Las Vegas Boulevard gaming corridor and rural Clark County gaming zone; notice of hearing; hearing; petitioner's burden of proof; limitation on subsequent petition

§ 463.3086. Gaming enterprise district: Petition for designation of location if outside of Las Vegas Boulevard gaming corridor and rural Clark County gaming zone; notice of hearing; hearing; petitioner's burden of proof; limitation on subsequent petition

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) The owner, as listed on the county assessor's records, of each of the 30 separately

owned parcels nearest the proposed establishment, to the extent this notice does not

duplicate the notice given pursuant to paragraph (a); (c) 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 (d) 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) Except as otherwise provided in subsection 7, 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) Except as otherwise provided in subsection 7, 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. The provisions of paragraphs (f) and (g) of subsection 6 do not apply if: (a) The location of the proposed establishment consists of 20 or more contiguous acres; (b) The property line of the proposed establishment is separated by an interstate

highway from the property line of any developed residential district, public school,

private school or structure used primarily for religious services; and (c) Part of the location of the proposed establishment is within the Las Vegas Boulevard

gaming corridor. 8. 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. 9. 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. 10. 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 .