REGULATION 5 OPERATION OF GAMING ESTABLISHMENTS

Regulation 5, Operation of Gaming Establishments Page 1

(Rev. 05/24)

REGULATION 5

OPERATION OF GAMING ESTABLISHMENTS

5.010 Methods of operation.

5.011 Grounds for disciplinary action.

5.012 Publication of payoffs.

5.013 Gaming by, and issuance of gaming credit to, owners, directors, officers, and employees.

5.014 Criminal convictions as grounds for revocation or suspension.

5.015 Ownership identification on gaming devices.

5.020 Race horse books and sports pools. [Repealed.]

5.025 Operation of keno games.

5.030 Violation of law or regulations.

5.040 Investigation of conduct of licensees, generally.

5.045 Compliance review and reporting system.

5.050 Information to be furnished by licensees.

5.055 Reports of violations.

5.060 Access to premises and production of records.

5.070 Summoning of licensee.

5.080 Changing of games. [Repealed: 1/24/19.]

5.085 Unauthorized games.

5.090 Unlicensed games.

5.100 Definitions.

5.101 Registration required.

5.102 Temporary registration.

5.103 Suspension and reinstatement of temporary registration.

5.104 Investigation; uniform criteria for objection; objection.

5.105 Duties of licensee.

5.1055 Required policies and procedures regarding armed security personnel.

5.106 Change of employment notice.

5.107 System of records: contents; confidentiality; penalties.

5.108 [Repealed: 11/20/03.]

5.1085 Temporary suspension of registration.

5.109 Petition for hearing to reconsider objection to registration or to reconsider suspension or revocation of

registration.

5.110 In-house payoff schedule.

5.112 Inter-casino linked payoff schedules.

5.115 Periodic payments.

5.120 Finder’s fees.

5.130 Slot machine jackpot limits. [Repealed: 3/23/06.]

5.140 Collection of gaming credit.

5.150 Devices prohibited under NRS 465.075; exceptions.

5.160 Surveillance systems.

5.170 Programs to address problem gambling.

5.180 Operation of an inter-casino linked system.

5.190 Aggregate payout limits for gambling games.

5.200 Licensing and operation of a gaming salon.

5.210 Authorizing the imposition of a fee for admission to an area in which gaming is conducted.

5.215 Operation of a system supported or system based gaming device. [Repealed: 9/21/23.]

5.220 Operation of a mobile gaming system.

5.225 Wagering accounts.

5.230 Hosting center; registration required.

5.2305 Location of Hosting Center; suitability of jurisdiction

5.231 Hosting center; access to premises.

5.232 Hosting center; determination of suitability.

5.235 Hosting center; requirements on licensees utilizing hosting centers; limitations on operations at hosting center.

5.240 Service Providers.

5.242 Cloud computing services.

5.250 Licensed gaming establishment or other gaming business required to maintain written policies and procedures

prohibiting workplace discrimination or harassment.

5.260 Cybersecurity.

CLUB VENUES

5.300 Applicability.

5.305 Definitions.

5.310 Employees designated to monitor club venues.

5.320 Registration of club venue employees.

5.330 Security and surveillance.

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5.335 Medical staffing requirements.

5.340 Independent host written agreements.

5.345 Registration and Determination of Suitability of Independent Hosts.

5.350 [Reserved: 11/15.]

5.360 Required policies and procedures.

5.370 Access to club venue and production of records.

5.380 Unsuitable methods of operation.

5.010 Methods of operation.

1. It is the policy of the Commission and the Board to require that all establishments wherein gaming

is conducted in this state be operated in a manner suitable to protect the public health, safety, morals, good

order and general welfare of the inhabitants of the State of Nevada.

2. Responsibility for the employment and maintenance of suitable methods of operation rests with the

licensee, and willful or persistent use or toleration of methods of operation deemed unsuitable will constitute

grounds for license revocation or other disciplinary action.

(Amended: 1/69.)

5.011 Grounds for disciplinary action.

1. The Board and the Commission deem any activity on the part of a licensee, registrant, or person

found suitable by the Commission, or an agent or employee thereof, that is inimical to the public health,

safety, morals, good order, or general welfare of the people of the State of Nevada, or that would reflect or

tend to reflect discredit upon the State of Nevada or the gaming industry, to be an unsuitable method of

operation and shall be grounds for disciplinary action by the Board and the Commission in accordance with

the Nevada Gaming Control Act and the regulations of the Commission. The following acts or omissions,

without limitation, may be determined to be unsuitable methods of operation:

(a) Failure to exercise discretion and sound judgment to prevent incidents which might reflect on the

repute of the State of Nevada and act as a detriment to the development of the industry.

(b) Permitting a person who is visibly impaired by alcohol or any other drug to participate in a gaming

activity.

impaired by alcohol or any other drug.

(d) Failure to conduct advertising and public relations activities in accordance with decency, dignity,

good taste, honesty and inoffensiveness, including, but not limited to, advertising that is false or materially

misleading.

(e) Catering to, assisting, employing, or associating with, either socially or in business affairs, persons

of notorious or unsavory reputation or who have extensive police records, or persons who have defied

congressional investigative committees, or other officially constituted bodies acting on behalf of the United

States, or any state or jurisdiction of the United States, or persons who are associated with or support

subversive movements, or the employing either directly or through a contract, or any other means, of any

firm or individual in any capacity where the repute of the State of Nevada or the gaming industry is liable to

be damaged because of the unsuitability of the firm or individual or because of the unethical methods of

operation of the firm or individual.

(f) Employing in a position for which the individual could be required to be licensed as a key employee

pursuant to the provisions of section 3.110 of these Regulations, a person who has been denied a gaming

license or has had his or her gaming license revoked by the Commission on the grounds of unsuitability, or

who has failed or refused to apply for licensure as a key employee when so requested by the Commission.

(g) Employing in a gaming operation a person whom the Commission or a court has found guilty of

cheating or using an improper device in connection with a game, whether as a licensee, dealer, or player

at a licensed game or device; as well as a person whose conducting of a licensed game as a dealer or

other employee of a licensee resulted in revocation or suspension of the license of such licensee.

(h) Failure to comply with or make provision for compliance with all federal, state, or local laws and

regulations and with all conditions and limitations approved by the Commission relating to the operations

of a licensed gaming establishment or other gaming business, including, without limitation, those relating

to:

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(1) Payment or withholding of license fees, payroll taxes, liquor taxes, or entertainment taxes, as

applicable;

(2) Antitrust and monopoly statutes; and

(3) Workplace discrimination or harassment of a person based on the person’s race, color, religion,

sex, sexual orientation, gender identity or expression, age, disability, or national origin, including, without

limitation, sexual harassment.

(i) Possessing or permitting to remain in or upon any licensed premises any cards, dice, mechanical

device, or any other cheating device, the use of which is prohibited by statute, regulation, or ordinance.

(j) Conducting, carrying on, operating, or dealing any cheating or thieving game or device on the

premises, either knowingly or unknowingly, which may have been marked, tampered with or otherwise

placed in a condition, or operated in a manner, which tends to deceive the public, or which might make the

game more liable to win or lose, or which tends to alter the normal random selection of criteria which

determine the results of the game.

(k) Failure to conduct gaming operations in accordance with proper standards of custom, decorum,

and decency, or permit a type of conduct in a gaming establishment that reflects or tends to reflect on the

repute of the State of Nevada and act as a detriment to the gaming industry.

(l) Whenever a licensed game or a slot machine, as defined in the Nevada Gaming Control Act, is

available for play by the public:

(1) At a nonrestricted location, failure to have an employee of the licensee present on the premises

to supervise the operation of the game or slot machine;

(2) At a restricted location, failure to have a responsible person who is at least 21 years old present

on the premises to supervise the operation of the game or slot machine.

(m) Except as provided in section 5.140 of these Regulations and except as to transfers of interest

under section 8.030 of these Regulations, the sale or assignment of a gaming credit instrument by a

licensee, unless the sale is to a publicly traded or other bona fide financial institution pursuant to a written

contract, and the transaction and the terms of the contract, including, without limitation, the discount rate,

are reported to the Board for approval pursuant to section 8.130 of these Regulations.

(n) Issuing credit to a patron to enable the patron to satisfy a debt owed to another licensee or person,

including, without limitation, an affiliate of the licensee. This subsection does not prohibit a licensee from

collecting a debt owed to an affiliate of the licensee. As used in this paragraph, “affiliate” has the meaning

ascribed to it in NRS 463.0133.

(o) Denying a member or agent of the Board or Commission, upon proper and lawful demand, access

to, inspection, or disclosure of any portion or aspect of a gaming establishment or other gaming business

as authorized by applicable statutes and regulations.

2. The Commission, in the exercise of its sound discretion, may make its own determination as to

whether or not a licensed gaming establishment or other gaming business has failed to comply with a law

or regulation described in paragraph (h) of subsection 1, but any such determination shall make use of

established precedents when interpreting the applicable statute. Nothing in this section affects the right of

a licensee to judicial review.

3. As used in this section, “other gaming business” has the meaning ascribed to it in subsection 5 of

section 5.250 of these Regulations.

(Adopted: 1/69-See Sec. 5.012. Amended: 7/70; 1/72; 7/76; 2/77; 2/85; 7/99; 6/14; 4/18; 11/19; 9/23.)

5.012 Publication of payoffs.

1. Except as specifically provided herein, payoff schedules or award cards applicable to every

licensed game or slot machine shall be displayed at all times either on the table or machine or in a

conspicuous place immediately adjacent thereto. In the case of craps, keno and faro games the foregoing

requirement will be satisfied if published payoff schedules are maintained in a location readily accessible

to players and notice of the location of such schedule is posted on or adjacent to the table. In the case of

slot machines, the foregoing requirements will be satisfied if:

(a) The player is at all times made aware that payoff schedules or award cards applicable to any game

offered for play are readily accessible and will be displayed on the video display screen of the device upon

the initiation of a command by the player, or

(b) The award cards of any game offered for play are displayed at all times when the device is available

for play.

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2. Payoff schedules or award cards must accurately state actual payoffs or awards applicable to the

particular game or device and shall not be worded in such manner as to mislead or deceive the public.

Maintenance of any misleading or deceptive matter on any payoff schedule or award card or failure on the

part of a licensee to make payment in strict accordance with posted payoff schedules or award cards may

be deemed an unsuitable method of operation.

(Formerly Sec. 5.011. Amended: 10/94; 11/97.)

5.013 Gaming by, and issuance of gaming credit to, owners, directors, officers, and

employees.

1. Except as provided in subsection 2, no officer, director, owner or key employee of an entity which

holds a gaming license in this state, or of an affiliate or an affiliated company of an entity which holds a

gaming license in this state, shall play or place a wager at any gambling game, slot machine, race book or

sports pool which is exposed to the public for play or wagering:

(a) By that gaming licensee; or

(b) By an affiliate or an affiliated company of that gaming licensee.

2. Subsection 1 shall not apply to the playing of or wagering on poker, panguingui or off-track pari-

mutuel wagering.

3. No race book or sports pool employee shall place a wager, other than an off-track pari-mutuel

wager, with the book at which he or she is employed or at a book of an affiliate or an affiliated company

whether on their behalf, on behalf of the race book or sports pool, or on behalf of another person.

4. Licensees shall not issue credit for purposes of gaming to key employees of that licensee whether

or not such credit is evidenced by a player card, wagering account or a credit instrument.

5. For the purposes of this section, “affiliate” shall have the same meaning as defined in Regulation

15.482-3 and “affiliated company’’ shall have the same meaning as defined in NRS 463.4825. “Affiliated

company” specifically includes a publicly traded corporation registered with the Commission.

(Formerly Sec. 5.012. Amended: 2/85; 12/91; 3/92; 2/97; 11/98. Effective: 1/1/99.)

5.014 Criminal convictions as grounds for revocation or suspension. The Commission may

revoke or suspend the gaming license or finding of suitability of a person who is convicted of a crime, even

though the convicted person’s postconviction rights and remedies have not been exhausted, if the crime or

conviction discredits or tends to discredit the State of Nevada or the gaming industry.

(Adopted: 2/85.)

5.015 Ownership identification on gaming devices.

1. An operator of a slot machine route shall affix in a prominent place to each gaming device exposed

for play, pursuant to his or her license or any agreement, a sign or label that identifies the person

responsible for repairs of malfunctions of the machine, payments of winnings, and disputes regarding

payments.

2. A licensee shall not expose for play any gaming device of an operator of a slot machine route that

fails to display the information required by subsection 1 of this section.

(Adopted: 5/88. Effective: 6/88.)

5.020 Race horse books and sports pools. [Repealed upon adoption dates of Regulation 22,

Sec. 22.010, et seq.]

(Amended: 8/61; 12/76.)

5.025 Operation of keno games.

1. As used in this regulation, “Chair” means the Chair of the Nevada Gaming Control Board or the

Chair’s designee.

2. A licensee authorized to operate a keno game shall not increase the limits of winning tickets or the

value of a keno game or a progressive keno game to an amount exceeding the total maximum sum of

$250,000 on any one game unless the licensee installs and uses a computerized keno system that satisfied

the specification approved by the Chair.

3. The Chair may:

(a) Require that a limit be imposed on a progressive keno game, or that the limits of winning tickets or

the value of a keno game or a progressive keno game be decreased, if such a limit or decrease is deemed

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(Rev. 05/24)

necessary for the licensee to maintain sufficient minimum bankroll requirements pursuant to Regulation

6.150; or

(b) Require the licensee to at all times maintain a reserve in the form of cash, cash equivalent, a bond,

or a combination thereof in an amount determined by the Chair. Subject to the discretion of the Chair, the

reserve provided for by this paragraph must be created and maintained in the same manner as a reserve

required by Regulation 22.040.

4. Progressive keno is further subject to the provisions of Regulation 5.110 governing progressive

payoff schedules.

(Adopted: 4/63. Amended: 12/79; 9/82; 5/89; 5/00; 9/23.)

5.030 Violation of law or regulations. Violation of any provision of the Nevada Gaming Control Act

or of these regulations by a licensee, the licensee’s agent or employee shall be deemed contrary to the

public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and

grounds for suspension or revocation of a license. Acceptance of a state gaming license or renewal thereof

by a licensee constitutes an agreement on the part of the licensee to be bound by all of the regulations of

the Commission as the same now are or may hereafter be amended or promulgated. It is the responsibility

of the licensee to keep informed of the content of all such regulations, and ignorance thereof will not excuse

violations.

5.040 Investigation of conduct of licensees, generally. A gaming license is a revocable privilege,

and no holder thereof shall be deemed to have acquired any vested rights therein or thereunder. The burden

of proving his or her qualifications to hold any license rests at all times on the licensee. The Board is charged

by law with the duty of observing the conduct of all licensees to the end that licenses shall not be held by

unqualified or disqualified persons or unsuitable persons or persons whose operations are conducted in an

unsuitable manner.

5.045 Compliance review and reporting system.

1. Whenever the Commission is acting upon an application for a license or registration, or pursuant

to its powers provided in NRS 463.310, and if the Commission determines that special circumstances exist

which require additional management review by a licensee or registrant, the Commission may impose a

condition upon a license or order of registration to require implementation of a compliance review and

reporting system by the licensee or registrant.

2. The terms of a condition imposed pursuant to subsection 1 may include, without limitation:

(a) That the condition expire on a certain date or after a designated period of time without further action

by the Commission;

(b) That the condition may be administratively removed by the Board if a specified activity ceases or a

specified event occurs; or

the Commission may remove or continue to require the condition.

3. Notwithstanding the provisions of subsection 2, upon application, a licensee or registrant may

request modification or removal of a condition imposed and the Commission may, after considering the

recommendation of the Board, modify or remove such condition.

4. A compliance review and reporting system required pursuant to a condition imposed pursuant to

subsection 1 must be created for the purpose of monitoring activities relating to the continuing qualifications

of the licensee or registrant under the provisions of the Nevada Gaming Control Act and regulations of the

Commission in accordance with a written plan that must be approved administratively by the Board or as

otherwise ordered by the Commission.

5. A written plan approved or ordered pursuant to subsection 4 must provide for the operation of the

compliance review and reporting system and must designate those responsible for such system. The written

plan must provide for the involvement of at least one person knowledgeable of the provisions of the Nevada

Gaming Control Act and the regulations of the Commission. The written plan must require periodic reports

to senior management of the licensee or registrant. Such reports are advisory, and the licensee or registrant

shall maintain responsibility for compliance with the Nevada Gaming Control Act and regulations of the

Commission. The licensee or registrant shall provide copies of the reports to the Board.

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6. The written plan must set forth the activities to be monitored and must be determined by the

circumstances applicable to the licensee or registrant. The activities required to be monitored pursuant to

the compliance review and reporting system may include, without limitation:

(a) Associations with persons denied licensure or other related approvals by the Commission or who

may be deemed unsuitable to be associated with a licensee or registrant;

(b) Business practices or procedures that may constitute grounds for denial of a gaming license or

registration;

licensee or registrant;

(d) Review of reports submitted pursuant to the Nevada Gaming Control Act and regulations of the

Commission;

(e) Compliance with the laws, regulations, or orders of duly constituted governmental agencies or

entities having jurisdiction over the gaming affairs, or such other business activities which the Board or the

Commission may deem necessary or proper, of the licensee, registrant, or its affiliates, including, without

limitation, the adoption and implementation of written policies and procedures prohibiting workplace

discrimination or harassment of a person based on the person’s race, color, religion, sex, sexual orientation,

gender identity or expression, age, disability, or national origin, including, without limitation, sexual

harassment, pursuant to section 5.250; and

(f) Review of such other activities determined by the Board or the Commission as being relevant to

the continuing qualifications of the licensee or registrant under the provisions of the Nevada Gaming Control

Act and the regulations of the Commission.

(Adopted: 3/28/91. Amended: 11/19.)

5.050 Information to be furnished by licensees.

1. Except as otherwise provided herein, every licensee shall report to the Board annually the full name

and address of every person, including lending agencies, who has, or had during the previous twelve

months, any right to share in the profits of the licensee’s licensed games, whether as an owner, assignee,

landlord or otherwise, or to whom any interest or share in the profits of any licensed game has been pledged

or hypothecated as security for a debt or deposited as a security for the performance of any act or to secure

the performance of a contract of sale. Such report shall be submitted annually on a date as determined by

the Board Chair.

2. Any person who has received Commission approval to share in the profits of the licensee’s licensed

games or who is otherwise allowed to share in the licensee’s profits of licensed games pursuant to NRS

chapter 463 is not required to be included in the annual report.

3. Failure to comply with this section is an unsuitable method of operation.

(Amended: 8/22.)

5.055 Reports of violations and of felony convictions.

1. Each licensee and club venue operator, as relevant, shall immediately notify the Board’s

enforcement division by telephone or, for reports pursuant to subsection (b) and (c), by telephone or via

email, of:

(a) The discovery of any violation of chapter 465 of NRS;

(b) The discovery of any suspected theft, larceny, embezzlement or other crime involving property, if

such crime has been committed against a licensee or club venue operator or patron of a licensee or the

club venue operator, or while on the premises of a licensee or club venue operator, by a gaming employee,

a person required to be registered pursuant to Regulation 5.320 or 5.345, or any other person who has

received an approval from the Commission, and the person allegedly committing the crime has been

separated from employment or whose business relationship with the licensee or club venue operator has

been terminated, regardless of whether such crime is a misdemeanor, gross misdemeanor or felony;

premises of the licensee or club venue operator if such possession, sale or use was committed by a gaming

employee, a person required to be registered pursuant to Regulation 5.320 or 5.345, or any other person

who has received an approval from the Commission, and the person allegedly committing the crime has

been separated from employment or whose business relationship with the licensee or club venue operator

has been terminated; and

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(d) Any suspected violation of any gaming law regarding which the licensee has notified the local police

or sheriff.

2. Any person holding a license, registration, or finding of suitability who is convicted of a felony in

this state or is convicted of an offense in another state or jurisdiction which would be a felony if committed

in this state shall notify the Board’s enforcement division in writing within 10 business days of such

conviction.

(Adopted: 2/85. Amended: 10/11; 11/15.)

5.060 Access to premises and production of records.

1. No applicant, licensee or enrolled person shall neglect or refuse to produce records or evidence or

to give information upon proper and lawful demand by a Board or Commission member or any agent of the

Board, or shall otherwise interfere, or attempt to interfere, with any proper and lawful efforts by the

Commission, the Board, or any agent to produce such information.

2. Each gaming licensee, licensed manufacturer, and licensed distributor or seller shall immediately

make available for inspection by any Board or Commission member or agent all papers, books and records

produced by any gaming business and all portions of the premises where gaming is conducted or where

gambling devices or equipment are manufactured, sold or distributed. Any Board or Commission member

or agent shall be given immediate access to any portion of the premises of any gaming licensee, licensed

manufacturer or licensed distributor or seller for the purpose of inspecting or examining any records or

documents required to be kept by such licensee under the provisions of NRS chapter 463 or the regulations

of the Commission, and any gaming device or equipment or the conduct of any gaming activity.

3. Access to the areas and records which may be inspected or examined by Board members or agents

shall be granted to any Board member or agent who displays a badge issued by the Board and an

identification card signed by a Board member. Similar access shall be granted to any Commission member

who displays an identification card signed by the governor.

(Amended: 8/61; 10/78.)

5.070 Summoning of licensee. The Board may summon any licensee or the licensee’s agents or

employees to appear to testify before it or its agents with regard to the conduct of any licensee or the agents

or employees of any licensee. All such testimony shall be under oath and may embrace any matters which

the Board or its agents may deem relevant to the discharge of its official duties. Any person so summoned

to appear shall have the right to be represented by counsel. Any testimony so taken may be used by the

Board as evidence in any proceeding or matter then before it or the Commission or which may later come

before it or the Commission. Failure to so appear and testify fully at the time and place designated, unless

excused, shall constitute grounds for the revocation or suspension of any license held by the person

summoned, his or her principal or employer.

5.080 Changing of games. [Repealed: 1/24/19.]

5.085 Unauthorized games. No licensee shall permit any game other than those specifically named

in the Nevada Gaming Control Act as a “game” or “gambling game” to be operated without first applying for

and receiving permission from the Commission to operate such game and, if permission is granted,

thereafter obtaining all required state, county and city licenses for the same.

(Adopted: 8/61. Amended: 7/67; 12/83.)

5.090 Unlicensed games.

1. No unlicensed games shall be operated upon the premises of a licensee, nor shall a licensee

expose games in an area accessible to the public without first having paid all current fees and taxes

applicable to such games.

2. Whenever a licensee desires to suspend a game from a licensed status, the licensee shall record

the type and number of games to be suspended, and the initial date of the suspension. Thereafter, the

licensee shall physically remove the game from any area exposed to the public; provided, however, a game

may remain in a public area while in an unlicensed status if the licensee:

(a) Removes from the game, as applicable, the following:

(1) All detachable fixtures such as drop boxes, chip racks, wheelheads, and cages;

(2) Any power cords;

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(3) Any removable media containing control programs; and

(4) Any other items designated by the Gaming Control Board Chair.

(b) Covers, as applicable, any nondetachable chip rack and any chip rack space with a device capable

of being locked and sealed in place.

3. Before any game suspended from a licensed status in accordance with the foregoing procedure

may be reactivated and placed into play, the licensee shall pay all fees and taxes applicable to said game.

(Amended: 1/72, 8/22.)

5.100 Definitions. As used in Regulations 5.100 to 5.109, inclusive:

1. “Applicant” means a person who has submitted an application for registration or renewal of

registration as a gaming employee and, unless otherwise indicated, also means a person who has filed a

change of employment notice.

2. “Armed security personnel” means security personnel who carry firearms as part of their

employment duties.

3. “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

4. “Form for application” means the application form prescribed by the Board for registration or

renewal of registration as a gaming employee and, unless otherwise indicated, also means the change of

employment notice form prescribed by the Board, in electronic or paper form.

(Amended: 8/94; 12/02; 11/03; 8/12; 9/20.)

5.101 Registration required. No person shall be employed as a gaming employee unless such

person is temporarily registered or registered as a gaming employee in accordance with NRS 463.335 and

these regulations.

(Adopted: 12/02. Amended: 11/03; 8/08; 8/12.)

5.102 Temporary registration.

1. Except as otherwise provided in this section, a person is deemed temporarily registered as a

gaming employee upon submission of an application for registration to the licensee for which the applicant

will commence or continue working as a gaming employee, unless otherwise prescribed by the Chair.

2. A temporary registration as a gaming employee is valid for 120 days after an application for

registration is received by the Board, unless such temporary registration is objected to, suspended, or

revoked by the Board or Commission.

3. A person who submits an application for registration or a change of employment notice to a licensee

concerning an armed security personnel position is deemed temporarily registered for such position if:

(a) The person

(1) Holds a current concealed weapon permit issued by a political subdivision of the State of

Nevada;

(2) Holds a current armed work credential issued by a political subdivision of the State of Nevada;

(3) Is presently employed as an active duty law enforcement officer in the State of Nevada;

(4) Is a retired law enforcement officer who holds a current Law Enforcement Officers Safety Act

card;

(5) Is presently registered as a gaming employee in an armed security personnel position with

another licensee; or

(6) Is submitting a renewal of registration as a gaming employee in an armed security personnel

position and

(b) The licensee maintains a record of the permit, credential, certification, or employment authorizing

temporary registration for such armed security personnel position.

4. A person who submits an application for registration or a change of employment notice to a licensee

concerning an armed security personnel position shall only be deemed temporarily registered as a gaming

employee for work in an unarmed capacity if the licensee does not maintain a record of the permit,

credential, certification, or employment set out in subsection 3. Registration as a gaming employee in an

armed security personnel position for such person shall only be effective upon notice from the Board or the

expiration of the 120 day temporary registration period without Board objection, whichever occurs earlier.

5. The Board shall expedite its investigations of applications concerning gaming employees in armed

security personnel positions and endeavor to notify such employees that they are registered or that the

Board is objecting to the registration within 15 days of the Board’s receipt of a completed application.

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(Adopted: 12/02. Amended: 11/03; 9/20. Effective: 1/1/04.)

5.103 Suspension and reinstatement of temporary registration.

1. If the Board suspends the temporary registration of an applicant pursuant to subsection 8 of NRS

463.335 or subsection 3 of NRS 463.3351, it shall notify the applicant and the applicable licensees of such

suspension.

2. An applicant whose temporary registration is suspended pursuant to subsection 8 of NRS 463.335

or subsection 3 of NRS 463.3351 shall not work as a gaming employee until such time as the applicant

rectifies the cause for such suspension and the Board reinstates the applicant’s temporary registration. If

an applicant rectifies the cause for his or her suspension and the Board reinstates the applicant’s temporary

registration, the period of time in which the applicant’s temporary registration was suspended must not be

included in measuring the 120-day period in which the Board may object to such temporary registration of

the applicant.

(Adopted: 12/02. Amended: 11/03; 9/20. Effective: 1/1/04.)

5.104 Investigation; uniform criteria for objection; objection.

1. Upon receipt of an application for registration, the Board shall review it for completeness.

2. Unless the Board, after reviewing an application for registration, suspends the temporary

registration of the applicant pursuant to section 5.103, it shall conduct an investigation of the applicant to

determine whether the applicant is eligible for registration or renewal of registration as a gaming employee.

3. The Board may object to the registration of an applicant within 120 days after receipt of a complete

application for registration for any cause deemed reasonable, including, without limitation, any of the

specific grounds set forth in subsection 12 of NRS 463.335.

4. In addition to the criteria set forth in subsection 12 of NRS 463.335, the Board may object to the

registration of an applicant within 120 days after receipt of a complete application for registration if the

applicant has committed, attempted or conspired to commit an offense:

(a) In violation of chapters 463, 463B, 464 or 465 of NRS or the regulations adopted pursuant thereto.

(b) Involving or related to gambling, which is a gross misdemeanor or felony in this state or, if the

offense was committed in another state, it would be considered a gross misdemeanor or felony in this state.

5. If the Board objects to the registration of an applicant pursuant to this section, the Board must

notify:

(a) The applicant in accordance with subsection 10 of NRS 463.335 and provide notice of his or her

right to apply for a hearing pursuant to subsection 11 of NRS 463.335; and

(b) The applicable licensees.

6. If the Board does not object to the registration of an applicant pursuant to this section, the applicant

shall be deemed registered as a gaming employee and is eligible for employment with any licensee in this

state until such registration expires pursuant to subsection 7 of NRS 463.335, is suspended pursuant to

NRS 463.3352 or 463.336, or is revoked pursuant to NRS 463.337.

(Adopted: 12/02. Amended: 11/03; 8/08; 9/20. Effective: 1/1/04.)

5.105 Duties of licensee.

1. A licensee shall not knowingly employ a person as a gaming employee unless such person is

temporarily registered or registered as a gaming employee. A licensee shall check, and may rely on, the

system of records maintained by the Board to verify the temporary registration, registration or eligibility of

a person seeking employment as a gaming employee with such licensee.

2. A licensee shall only access the system of records after a person applies for a position as a gaming

employee solely to determine whether the person is registered, temporarily registered, or subject to

objection, suspension or revocation, or to initiate an application transaction in the Board's online gaming

employee registration system. A licensee shall maintain documentation establishing that it received an

application for employment from a person for a position as a gaming employee prior to accessing the system

of records and retain such documentation for at least 5 years.

3. Upon the termination of employment of an employee with access to the system of records

maintained by the Board or the reassignment of such employee to a position that no longer requires access

to the system of records, the licensee shall notify the Board of such termination or reassignment not later

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than the next business day. The information contained within the system of records is confidential and must

not be disclosed by such employee or the licensee.

4. If a licensee determines, after accessing the system of records maintained by the Board, that a

person seeking employment as a gaming employee with such licensee is not temporarily registered or

registered as a gaming employee, and is not subject to objection, suspension or revocation, the licensee

shall provide the person with a form for application, the statement required by subsection 1 of NRS

463.3351 and instruct the person to:

(a) Complete the form for application and the statement required by subsection 1 of NRS 463.3351;

(b) Obtain a complete set of fingerprints or provide proof of submission of fingerprints to the Central

Repository for Nevada Records of Criminal History;

registration system or obtain a money order, cashier’s check or voucher in the amount prescribed by the

Board in accordance with NRS 463.335(5); and

(d) Unless otherwise prescribed by the Chair, complete the application for gaming employee

registration online via the Board's online gaming employee registration system or return a completed paper

application for registration to the licensee in a sealed envelope, or in any other confidential manner

permitted by the Board, for submission to the Board.

5. If a licensee determines, after accessing the system of records maintained by the Board, that a

person seeking employment as a gaming employee with such licensee is subject to objection, suspension

or revocation, the licensee shall:

(a) Not accept an application for registration from such person; and

(b) Notify the person that he or she must contact the Board in order to pursue reversal or removal of

such objection, suspension or revocation.

6. If a licensee determines, after accessing the system of records maintained by the Board, that a

person seeking employment as a gaming employee with such licensee is temporarily registered or

registered as a gaming employee, the licensee shall provide such person with a change of employment

notice and the statement required by subsection 1 of NRS 463.3351, and instruct the person to complete

such notice and statement, unless otherwise prescribed by the Chair, either online via the Board's online

gaming employee registration system or by completing the paper version of the notice and statement and

returning them to the licensee in a sealed envelope, or in any other confidential manner permitted by the

Board, for submission to the Board.

7. The application for registration is confidential and shall not be accessed or used for any purpose

by a licensee unless otherwise permitted by law, or prior, written consent is given by the person seeking

employment.

8. On or before the fifteenth (15th) day of each month, each licensee shall enter a termination date

for all gaming employees terminated or separated from service within the immediately preceding month

into the Board's online gaming employee registration system. With regard to persons required to register

pursuant to section 5.320, such entry shall include a truthful statement of the reason for each termination

or resignation and any additional information regarding the termination or resignation requested by the

Chair.

9. Each licensee must maintain a photo of every gaming employee employed by the licensee. The

licensee shall maintain the photo for a period of no less than 5 years after the date on which the gaming

employee is no longer employed by the licensee as a gaming employee. The photo must be large enough

and of sufficient clarity to clearly identify the gaming employee from the photo. The photo may be in the

form of a photograph or it may be digitally stored, and must be capable of being reproduced and provided

at the request of the Board.

(Adopted: 12/02. Amended: 11/03; 8/08; 8/12; 11/15; 1/19; 9/20; 9/23.)

5.1055 Required policies and procedures regarding armed security personnel.

1. Each licensee which employs armed security personnel shall have written policies and procedures

regarding such personnel.

2. In order to determine whether a licensee has established appropriate policies and procedures with

regard to armed security personnel, the Board and Commission may consider, without limitation, the

following factors:

(a) The extent of the background investigations conducted by the licensee prior to hiring a person for

an armed position;

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(b) The extent of the firearms training required by the licensee prior to hiring a person for an armed

position;

position; and

(d) The extent to which testing for illegal use of controlled substances by armed security personnel

occurs.

(Adopted: 9/20.)

5.106 Change of employment notice.

1. A change of employment notice must be filed with the Board through the applicable licensee

pursuant to NRS 463.335(2) unless otherwise prescribed by the Chair.

2. Except as otherwise provided in section 5.102, a person is deemed temporarily registered as a

gaming employee upon the submission of a change of employment notice in accordance with subsection 1

and such temporary registration is valid for a period of 120 days after the change of employment notice is

received by the Board, unless objected to, suspended, or revoked by the Board or Commission, as

applicable.

3. The expiration date of the registration of a gaming employee shall not change as a result of the

filing of a change of employment notice.

4. When a licensee temporarily reassigns a gaming employee employed by the licensee to work at

an affiliated licensee, a change of employment notice is not required if:

(a) The gaming employee does not act in an unarmed or armed security personnel position for an

affiliated licensee if the gaming employee is not so employed in such capacity with the licensee and

(b) The gaming employee is not temporarily reassigned to an affiliated licensee for more than 30

calendar days per calendar year.

5. A licensee which temporarily reassigns employees to an affiliated licensee shall, upon request from

the Board, furnish current information concerning gaming employees who have been temporarily

reassigned to an affiliate licensee, the affiliated licensee to which each gaming employee was assigned,

and the dates on which each gaming employee was temporarily reassigned to the affiliated licensee.

(Adopted: 12/02. Amended: 11/03; 8/08; 9/20. Effective: 1/1/04.)

5.107 System of records: contents; confidentiality; penalties.

1. The Board shall create and maintain a system of records that:

(a) Contains information regarding the current place of employment of each person who is registered

as a gaming employee; and

(b) Identifies each person whose registration as a gaming employee has expired, was objected to,

suspended, or revoked by the Board or Commission, as applicable.

2. The system of records may only be accessed by on-line Internet connection and only by those

persons or entities authorized by the Board.

(Adopted: 12/02. Amended: 11/03. Effective: 1/1/04.)

5.108 [Repealed: 11/20/03.]

5.1085 Temporary suspension of registration.

1. If the Board issues a temporary suspension of the registration of a gaming employee after his or

her arrest by an agent of the Board, the suspension becomes effective when:

(a) Notice is sent to the applicable licensee and

(b) The notice of suspension is served upon the gaming employee through:

(1) U.S. mail to the applicant’s last known address; or

(2) Personal service,

 For purposes of this section, a notice of temporary suspension shall be deemed to have been received

by the gaming employee upon the date of personal service or 5 days after it is deposited with the United

States Postal Service with the postage thereon prepaid.

2. The notice of temporary suspension provided to the gaming employee must:

(a) Include a statement of facts upon which the temporary suspension is based; and

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(b) Inform the gaming employee that he or she may apply to the Board for a review or hearing on the

temporary suspension by filing a notice of defense within 30 days after receipt of the notice of temporary

suspension as set out in subsection 3.

3. Not later than 30 days after the effective date of the temporary suspension, a gaming employee

who has been notified of a temporary suspension may file a written notice of defense with the Board. Such

notice of defense shall state specific reasons why the gaming employee believes temporary suspension is

not appropriate and may include any documentary evidence deemed relevant by the gaming employee.

4. Upon receipt of a notice of temporary suspension of a gaming employee, the applicable gaming

licensee must:

(a) Reassign the gaming employee to a position that does not require registration as a gaming

employee; or

(b) Otherwise ensure that the employee does not work as a gaming employee while the temporary

suspension is in effect.

5. Within 5 business days after receipt of the gaming employee’s notice of defense, the Board shall:

(a) Schedule and conduct a hearing pursuant to subsection 14 of NRS 463.335 and issue a decision

on the temporary registration within 5 business days after the hearing; or

(b) Upon the request of the gaming employee:

(1) Review the statement of facts surrounding the temporary suspension, along with the notice of

defense; and

(2) Issue a decision summarily sustaining or reversing the temporary suspension.

6. A failure of a gaming employee whose registration has been temporarily suspended pursuant to

this section to apply for a hearing or review within 30 days or his or her failure to appear at a hearing of the

Board conducted pursuant to this regulation:

(a) Shall be deemed an admission that the temporary suspension is well-founded; and

(b) Precludes administrative or judicial review of the temporary suspension.

7. If, after a review of or hearing on the temporary suspension, the Board reverses the temporary

suspension of a gaming employee, the Board shall:

(a) Remove the temporary suspension from its system;

(b) Reinstate the registration of the gaming employee; and

8. Any person aggrieved by a decision of the Board entered pursuant to this section may, within 15

days after entry of the decision, apply in writing to the Commission for a review of the decision. Any such

review shall be limited to the record of the proceedings before the Board.

9. Within 5 business days after receipt of an application for review of the decision of the Board, the

Commission shall schedule a hearing on the temporary suspension. The Commission may sustain, modify,

or reverse the Board’s decision on the temporary suspension.

10. Unless a temporary suspension of a gaming employee is reversed by the Board after a review or

hearing conducted pursuant to subsection 5, a temporary suspension shall lapse:

(a) Upon separation of the gaming employee from all positions which require registration as a gaming

employee;

(b) Upon a reversal of the temporary suspension by the Commission;

necessary; or

(d) If, within 60 days after final administrative or judicial review of the temporary suspension, the Board

has not filed a complaint for revocation of the gaming employee’s registration as provided in NRS 463.337

and 463.312 to 463.3145, inclusive.

(Adopted: 9/20.)

5.109 Petition for hearing to reconsider objection to registration or to reconsider suspension

or revocation of registration.

1. Any person whose application for registration as a gaming employee has been objected to pursuant

to NRS 463.335, suspended pursuant to 463.336, or revoked pursuant to NRS 463.337, may not request

a hearing for reconsideration of the final administrative or judicial action which resulted in such objection,

suspension or revocation for a period of one (1) year following the date of such final administrative or judicial

action.

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2. After the one (1) year period required by subsection 1, an aggrieved person may request a hearing

by filing a petition with the Board which sets forth the basis of the request for reconsideration. The aggrieved

person shall, upon filing such petition, include the statement required by subsection 1 of NRS 463.3351

and, if requested by the Board, a new complete set of fingerprints together with the fee charged by the

Central Repository for Nevada Records of Criminal History to process such fingerprints.

3. Upon receipt of a petition, the Board shall conduct an investigation of the person who filed such

petition. Upon completion of the investigation, which may include an examination of any relevant facts or

circumstances which occurred subsequently to the initial objection, the Board may grant the relief sought

in the petition based on the information presented therein. If the Board does not grant the relief sought

based on the filing of the petition, the Board must schedule a hearing in accordance with subsection 14 of

NRS 463.335. At the hearing, the Board may take any testimony deemed necessary. The Chair may

designate a member of the Board or the Board may appoint a hearing examiner and authorize that person

to perform on behalf of the Board any of the following functions required of the Board in the case of a

hearing conducted pursuant to NRS 463.335:

(a) Granting the relief sought in the petition;

(b) Conducting a hearing and taking testimony;

(d) Making a recommendation to the Board based upon the testimony and evidence or rendering a

decision on behalf of the Board pursuant to this section; and

(e) Notifying the person who filed the petition of the decision.

4. Any decision rendered on behalf of the Board by a designated member of the Board or an appointed

hearing examiner shall be deemed a unanimous decision of the Board and shall be treated as such for

purposes of this section.

5. After conducting a hearing pursuant to subsection 3, the Board, designated member of the Board,

or appointed hearing examiner shall review the testimony taken and any other evidence, and render a

decision sustaining, modifying, or withdrawing the objection, suspension, or revocation and provide a copy

of the decision to the person by mail within 45 days after the date of the hearing.

6. Except as otherwise provided in subsection 7, the Board shall present its decision or

recommendation to the Commission at the next meeting of the Commission after the Board, designated

Board member, or appointed hearing examiner renders a decision pursuant to subsection 5.

7. The Board is not required to present its decision to the Commission if the Board issues a unanimous

decision to sustain or modify an objection, suspension, or revocation to a registration as a gaming employee

pursuant to subsection 5 unless the person aggrieved by the decision applies in writing to the Commission

for review of such decision within 15 days after the announcement of the decision. The failure of the person

to apply for a review within such 15-day period shall be deemed to be an admission that the unanimous

decision of the Board sustaining or modifying the objection is well founded and, pursuant to subsection 9,

such person may not file another petition pursuant to this regulation for a period of five (5) years after the

date of the Board’s decision, or such lesser period of time as may be ordered by the Board.

8. The Commission, in reviewing a decision or recommendation of the Board, designated member of

the Board, or appointed hearing examiner, may sustain, modify, or reverse the decision or recommendation

or remand the petition to the Board for such further investigation or reconsideration as the Commission may

order. The review by the Commission is limited to the record of the proceedings before the Board,

designated member of the Board, or appointed hearing examiner.

9. An aggrieved person who files a petition pursuant to this section may submit a written request for

withdrawal of such petition to:

(a) The Board at any time prior to the Board rendering a decision or adopting a recommendation to the

Commission pursuant to subsection 5; or

(b) The Commission at any time before the Commission has acted upon a decision or recommendation

of the Board, designated member of the Board, or appointed hearing examiner pursuant to subsection 8.

10. If a person who files a petition pursuant to this section is deemed eligible for employment as a

gaming employee, such person shall, as directed by the Board, file a new application for registration as a

gaming employee or a change of employment notice with the Board by submitting it to the licensee for

whom the person becomes employed as a gaming employee within 10 days, unless otherwise prescribed

by the Chair. Unless objected to, suspended, or revoked by the Board or Commission, the registration of

such person as a gaming employee expires 5 years after the date employment commences with the

applicable licensee or, in the case of an independent agent, 5 years after the date the independent agent

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contracts with a licensee. Such registration shall be subject to any limitations and conditions that are

prescribed by the Board or Commission.

11. If a person who files a petition pursuant to this section is deemed ineligible for employment as a

gaming employee, such person may not file a new petition for a period of five (5) years after the date of

final action taken by the Board or Commission, as applicable, or such lesser period of time as may be

ordered by the Board or Commission. Any such petition shall be processed in accordance with the

applicable provisions of this section.

(Adopted: 11/03. Effective 11/20/03. Amended: 6/15; 9/20.)

5.110 In-house progressive payoff schedules.

1. As used in this section:

(a) “Base amount” means the amount of a progressive payoff schedule initially offered before it

increases.

(b) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

and its base amount.

(d) “Progressive payoff schedule” means a game or machine payoff schedule, including those

associated with contests, tournaments or promotions, that increases automatically over time or as the

game(s) or machine(s) are played.

2. The amount of a progressive payoff schedule shall be conspicuously displayed at or near the

games or machines to which the payoff schedule applies. Each licensee shall record the following

information in a progressive log:

(a) The base amount of each progressive payoff schedule when first exposed for play;

(b) Except as otherwise specified in this section, at least once a day, the amount of each progressive

payoff schedule at the licensee’s establishment.

machine are not required to be recorded in a progressive log on a recurring basis.

(d) For progressive payoff schedules of $5,000 or more that are offered in conjunction with a slot

machine, licensees shall log the amount of each progressive payoff schedule not less often than once every

7 days if the progressive payoff schedule is linked to a slot machine or slot machines that are connected to

a Board approved on-line slot metering system and the metering system records information that can be

used to reasonably calculate the progressive payoff; and

(e) For progressive payoff schedules required to be logged by this section, explanations for reading

decreases attributable to a payoff, the date of payoff, the payoff amount, and the payoff form number.

 For progressives offered in conjunction with an inter-casino linked system, licensees shall follow the

requirements set forth in section 5.112.

3. A licensee may change the rate of progression of any progressive payoff schedule provided that

records of such changes are created.

4. A licensee may limit a progressive payoff schedule to an amount that is equal to or greater than

the amount of the payoff schedule when the limit is imposed. The licensee shall post a conspicuous notice

of the limit at or near the games(s) or machine(s) to which the limit applies.

5. A licensee shall not reduce the amount of a progressive payoff schedule or otherwise eliminate a

progressive payoff schedule unless:

(a) A player wins the progressive payoff schedule;

(b) The licensee adjusts the progressive payoff schedule to correct a malfunction or to prevent the

display of an amount greater than a limit imposed pursuant to subsection 4, and the licensee documents

the adjustment and the reasons for it;

schedule on similar game(s) or machine(s) at the licensee’s establishment and:

(1) The licensee documents the distribution;

(2) Any game or slot machine offering the payoff schedule to which the licensee distributes the

incremental amount does not require that more money be played on a single play to win the payoff schedule

than the game or slot machine from which the incremental amount is distributed unless the incremental

amount distributed is increased in proportion to the increase in the amount of the wager required to win the

payoff schedule;

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(3) If from a slot machine, any slot machine offering the payoff schedule to which the incremental

amount is distributed complies with the minimum theoretical payout requirement of Regulation 14.040(1);

and

(4) The distribution is completed within 30 days after the progressive payoff schedule is removed

from play or within such longer period as the Chair may for good cause approve;

(d) For games other than slot machines, the incremental amount may be distributed within 90 days of

removal through a concluding contest, tournament or promotion and the contest, tournament or promotion

is conducted with a game(s) similar to the game(s) from which the amounts are distributed; or

(e) The Chair, upon a showing of exceptional circumstances, approves a reduction, elimination,

distribution, or procedure not otherwise described in this subsection, which approval is confirmed in writing.

6. A progressive payoff schedule may be temporarily removed for a period of up to 30 days to allow

for the remodeling of the licensed gaming establishment, or for such longer period or other good cause as

the Chair may approve.

7. Except as otherwise provided by this section, the incremental amount of a progressive payoff

schedule is an obligation to the licensee’s patrons, and it shall be the responsibility of the licensee if the

licensee ceases operation of the progressive game or slot machine for any reason, including a transfer of

ownership of the licensed gaming establishment, to arrange for satisfaction of that obligation in a manner

approved by the Chair.

8. Licensees shall maintain the records required by this section for at least five years after they are

made unless the Chair approves otherwise in writing.

(Adopted: 9/72. Amended: 3/77; 2/88; 10/90; 9/91; 5/00; 5/21; 9/23.)

5.112 Inter-casino linked payoff schedules.

1. As used in this section:

(a) “Base amount” means the amount of a progressive payoff schedule initially offered before it

increases.

(b) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

linked system is offered to the public for play that does not increase automatically over time or as the inter-

casino linked system is played.

(d) “Incremental amount” means the difference between the amount of a progressive payoff schedule

and its base amount.

(e) “Operator” means any person or entity holding an approval to operate an inter-casino linked system

in Nevada, a person or entity holding a license as an operator of a slot machine route that operates an

inter-casino linked system for slot machines only, or a person or entity holding a license to operate a

nonrestricted gaming operation that operates an inter-casino linked system for affiliates.

(f) “Progressive payoff schedule” means a payoff schedule that increases automatically over time or

as the inter-casino linked system is played.

(g) “Reset fund” means monies collected pursuant to a contribution schedule set by an operator that

are intended to be used for the funding of future progressive payoff schedules.

2. Inter-casino linked systems shall have signs or award cards which conspicuously display:

(a) The fixed payoff schedules at or near each game and on each machine;

(b) The current progressive payoff schedules at or near all games or machines; and

at or near all games or machines.

3. Each operator shall record the base amount of each progressive payoff schedule when first

exposed for play and subsequent to each payoff. At least once each day, the operator must record on a log

the amount of the progressive payoff schedule. Explanations for decreases in the payoff schedule shall be

maintained with the progressive logs.

4. Subject to compliance with the minimum rate of progression requirements set forth in NGC

Regulation 14.045(1), an operator may change the rate of progression, including those between multiple

progressive payoff schedules and reset funds, provided that records of such changes are created and

maintained. The operator, upon request, shall provide such information to the Board and participating

locations.

5. An operator may limit the amount of progressive payoff schedule to an amount that is equal to or

greater than the amount of the progressive payoff schedule when the limit is imposed. The operator shall

Regulation 5, Operation of Gaming Establishments Page 16

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post a conspicuous notice of the limit at or near each game or machine to which the limit applies. An

operator shall notify the Board and the participating locations of such limitation, in writing,

contemporaneously with the imposition of such limitation.

6. An operator, including an operator that ceases operations, shall not reduce the amount of a

progressive payoff schedule or otherwise eliminate a progressive payoff schedule unless:

(a) A player wins the progressive payoff schedule and any reset fund;

(b) For games other than slot machines, the incremental amount of the progressive payoff schedule(s)

and any reset fund may be distributed within 90 days of removal through a concluding contest, tournament

or promotion and the contest, tournament or promotion is conducted with a game(s) similar to the game(s)

from which the amounts are distributed;

amount greater than a limit imposed by subsection 5, and the operator documents the adjustment and the

reasons for it;

(d) The operator distributes the entire incremental amount and any reset fund to another single inter-

casino linked payoff schedule and reset fund, whether progressive or not, on similar games or machines at

substantially the same locations, and:

(1) The operator documents the distribution;

(2) Any game or slot machine offering the payoff schedule to which the operator distributes the

incremental amount or reset fund does not require that more money be played on a single play to win the

payoff schedule than the game or slot machine from which the incremental amount or reset fund is

distributed unless the incremental amount distributed is increased in proportion to the increase in the

amount of the wager required to win the payoff schedule;

(3) If from a slot machine, any slot machine offering the payoff schedule to which the incremental

amount or reset fund is distributed complies with the minimum theoretical payout requirement of Regulation

14.040(1); and

(4) The distribution is completed within 30 days after the progressive payoff schedule or reset fund

is removed from play or within such longer period as the Chair may for good cause approve; or

(e) The Chair, upon a showing of exceptional circumstances, approves a reduction, elimination,

distribution, or procedure not otherwise described in this subsection, which approval is confirmed in writing.

7. An operator may remove from a licensee’s premises games or machines with progressive payoff

schedules which are part of an inter-casino linked system if the payoff schedule is otherwise available for

play in the same city, or such other geographic area as may be determined by the Chair.

8. Operators shall maintain the records required by this section for at least five years after the records

are made unless the Chair approves otherwise in writing.

(Adopted: 5/00; Amended: 4/22.)

5.115 Periodic payments.

1. Except as provided in this regulation, a licensee shall remit the total prizes awarded to a patron as

the result of conducting any game, including a race book or sports pool, tournament, contest, or promotional

activity (hereinafter collectively referred to as “gaming or promotional activity”) conducted in Nevada or

arising from the operation of a multi-jurisdictional progressive prize system upon validation of the prize

payout.

2. As used in this section of the regulation:

(a) “Approved funding sources” means cash or U.S. Treasury securities that are used for the funding

of a trust pursuant to Regulation 5.115(3)(b) or the reserve method of funding periodic payments pursuant

to Regulation 5.115(3)(c).

(b) “Brokerage firm” means an entity that:

(1) Is both a broker-dealer and an investment adviser;

(2) Has one or more classes of its equity securities listed on the New York Stock Exchange or

American Stock Exchange, or is a wholly-owned subsidiary of such an entity; and

(3) Has assets under management in an amount of $10 billion or more as reported in its most recent

report on Form 10–K or Form 10–Q filed with the United States Securities and Exchange Commission, or

is a wholly-owned subsidiary of such an entity.

for the account of others or for the person’s own account; and:

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(1) Is licensed as a broker-dealer with the Nevada Secretary of State pursuant to NRS 90.310, as

amended; or

(2) Is exempt from licensing pursuant to NRS 90.320, as amended, and is registered as a broker-

dealer with the United States Securities and Exchange Commission and the National Association of

Securities Dealers pursuant to Title 15 USC 780 as amended.

(d) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

(e) “Date of calculation” means the last day for which a discount rate was obtained prior to the

conclusion of the validation period.

(f) “Discount rate” means the current prime rate as published in the Wall Street Journal. For those

licensees using the reserve method of funding pursuant to Regulation 5.115(3)(c), “discount rate” means

either: (i) the aforementioned current prime rate, or (ii) a blended rate computed from the various U.S.

Treasury securities selected by the licensee for which quotes are obtained at least three times a month.

(g) “Independent financial institution” means an institution that is not affiliated through common

ownership with the licensee and is either:

(1) A bank or national banking association that is authorized to do business in this state, a banking

corporation formed or regulated under the laws of this state or a wholly-owned subsidiary of such a banking

association or corporation that is formed or regulated under the laws of this state or a national bank with an

office in Nevada; or

(2) An insurance company admitted to transact insurance in the State of Nevada with an A.M. Best

Insurance rating of at least “A+” or such other equivalent rating.

(h) “Investment adviser” means any person who, for compensation, engages in the business of

advising others as to the value of securities or as to the advisability of investing in, purchasing or selling

securities, or who, for compensation and as a part of a regular business issues or promulgates analyses or

reports concerning securities and:

(1) Is registered as an investment adviser with the Nevada Secretary of State pursuant to NRS

90.330, as amended; or

(2) Is registered as an investment adviser with the United States Securities and Exchange

Commission pursuant to Title 15 USC 80b–3a, as amended.

(i) “Periodic payments,” for purposes of this regulation only, means a series of payments that are paid

at least annually for prizes awarded through gaming or promotional activity.

(j) “Present value” means the current value of a future payment or series of payments, discounted

using the discount rate.

(k) “Qualified prize” means the sum of periodic payments, awarded to a patron as a result of any

gaming or promotional activity, payable over a period of at least 10 years.

(l) “Qualified prize option” means an option that entitles a patron to receive from a licensee a single

cash payment in lieu of receiving a qualified prize, or any remaining portion thereof, which shall be exercised

no later than 60 days after validation of the qualified prize.

(m) “Reserve” means a restricted account consisting of approved funding sources used exclusively to

satisfy periodic payments of prizes arising from all gaming or promotional activity conducted in Nevada,

including such prizes arising from the operation of a multi-jurisdictional progressive prize system, and

includes any existing funding methods previously approved by the Board or Commission. The reserve shall

not be less than the sum of the following:

(1) The present value of the aggregate remaining balances owed on all prizes awarded to patrons

who are receiving periodic payments. For balances previously funded using U.S. Treasury securities, the

discount rate on the date of funding shall be used for calculating the present value of the reserve.

(2) An amount sufficient to pay the single cash payments offered in conjunction with qualified prize

options for prizes previously awarded for which elections have not been made by the patrons;

(3) An amount sufficient to fully fund the present value of all prizes currently on public display for

which periodic payments are offered;

(4) If cash is used as the approved funding source, an amount equal to satisfy the current liabilities

to all patrons receiving periodic payments due and payable within 12 months; and

(5) Any additional amounts administratively required by the Chair.

 As used in this paragraph, the term "multi-jurisdictional progressive prize system" shall have the meaning

ascribed by subsection 15 of regulation 14.010.

Regulation 5, Operation of Gaming Establishments Page 18

(Rev. 05/24)

(n) “Restricted account” means an account with an independent financial institution described in

Regulation 5.115(2)(g)(1), or a brokerage firm, which is to be exclusively used for the reserve method of

funding of gaming or promotional activity as provided in this regulation.

(o) “Single cash payment” means a single discounted, lump-sum cash payment in the amount of the

present value of the total periodic payments otherwise due and owing for a qualified prize, less the amount

of any partial payment of such qualified prize previously made by the licensee to a patron.

(p) “Trust” means an irrevocable fiduciary relationship in which one person is the holder of the title to

the property subject to an equitable obligation to keep or use the property for the benefit of another.

(q) “U.S. Treasury securities” means a negotiable debt obligation issued and guaranteed by the U.S.

government.

(r) “Validation period” means the period of time between when a patron has met the conditions

required to receive a prize, and when the prize payout is validated. The validation period shall not exceed

72 hours, unless otherwise extended by the Chair.

3. Periodic payments of prizes awarded to a patron as a result of conducting any gaming or

promotional activity may be made if the method of funding the periodic payments provides such payments

to a patron through the establishment of any one of the following funding methods:

(a) An irrevocable surety bond or an irrevocable letter of credit with an independent financial institution

which will provide for either the periodic payments or a single cash payment for the remaining periodic

payments should the licensee default on paying the scheduled periodic payments for any reason. The form

of the written agreement establishing an irrevocable surety bond or the irrevocable letter of credit, and a

written commitment to execute such bond or letter from the financial institution, shall be submitted to the

Chair for approval no less than 45 days prior to the commencement of the gaming or promotional activity.

(b) An irrevocable trust with an independent financial institution in accordance with a written trust

agreement, the form of which shall be submitted to the Chair for approval at least 45 days prior to the

commencement of any new gaming or promotional activity, and which provides periodic payments from an

unallocated pool of assets to a group of patrons and which shall expressly prohibit the patron from

encumbering, assigning or otherwise transferring in any way the patron’s right to receive the deferred

portion of the prizes except to the patron’s estate. The assets of the trust shall consist of approved funding

sources in an amount sufficient to meet the periodic payments as required.

compliance with certain financial ratios and tests, and monitoring and reporting procedures related thereto.

The conditions under which a reserve method may be used shall be prescribed by the Chair in a written

notice distributed to licensees and all interested persons. Licensees shall notify the Chair in writing at least

45 days prior to the commencement of any new gaming or promotional activity for which periodic payments

may be used. Unless otherwise informed within such time period in writing by the Chair and assuming a

stop order has not been issued during such period, the use of a reserve method for funding periodic

payments shall be deemed approved.

(d) Another method of providing the periodic payments to a patron consistent with the purpose of this

regulation and which is approved by the Commission prior to the commencement of the gaming or

promotional activity. Proposed modifications to a periodic payment plan previously approved by the

Commission shall be submitted to the Chair for review at least 45 days prior to the effective date of the

change. The Chair, after whatever investigation or review the Chair deems necessary, may administratively

approve the modification or require the licensee to submit the requested modification to the Commission

for review and approval.

4. The funding of periodic payment plans shall be completed within 30 days of the conclusion of the

validation period, or where a qualified prize option is offered for such prize payout, within 30 days of the

date the patron makes an election thereunder. Where a single cash payment is elected, the licensee shall

pay to the patron in cash, certified check or wire transfer the full amount less any prior payment(s) within

15 days after receiving the patron’s written notification of such election.

5. Periodic payments shall not be used for prize payouts of $100,000 or less. Periodic payments for

total amounts won greater than $100,000 shall be paid as follows:

(a) For amounts won greater than $100,000, but less than $200,000, payments shall be at least

$10,000 annually;

(b) For amounts won greater than $200,000 or more, payments shall be no less than 1/20th of the total

amount annually;

Regulation 5, Operation of Gaming Establishments Page 19

(Rev. 05/24)

forth in (b), above, or in such manner as approved by the Commission upon application by the licensee;

and

(d) The first installment payment shall be made upon the conclusion of the validation period,

notwithstanding that a qualified prize option may be offered to the patron. In the event that a qualified prize

option is offered to a patron, it shall not be construed as a requirement that the patron shall receive a single

cash payment instead of periodic payments.

 Waivers of subsections (a), (b) and (c) of this section that have been previously granted by the

Commission shall remain in full force and effect pursuant to the current terms and provisions of such

waivers.

6. The licensee shall provide the Chair with an appropriate, signed legal document, prior to the

commencement of any gaming or promotional activity for which periodic payments are to be offered, that

shall irrevocably and unconditionally remise, release, indemnify and forever discharge the State of Nevada,

the Commission, the Board, and their members, employees, agents and representatives, including those

of the Attorney General’s Office, of and from any and all claims, actions, causes of actions, losses,

damages, liabilities, costs, expenses and suits of any nature whatsoever, in law or equity, including

reasonable attorney’s fees, arising from any act or omission of the Commission and the Board, and their

members, employees, agents and representatives.

7. For any gaming or promotional activity for which periodic payments are used, the licensee shall

provide a notice on each gaming device or, if no gaming device is used, then in each gaming or promotional

area specifically setting forth the terms of the periodic payment plan, and include in all radio, television,

other electronic media, or print advertising that such prizes will be awarded using periodic payments.

8. Notwithstanding any other regulation to the contrary, if a licensee offers a qualified prize option to

a patron who is awarded a qualified prize, the licensee shall provide the option to the patron in writing within

five days after the conclusion of the validation period. Such written option shall explain the method used to

compute the single cash payment, including the discount rate as of the date of calculation, and shall state

that the patron is under no obligation to accept the offer of a single cash payment and may nevertheless

elect to receive periodic payments for the qualified prize.

9. The licensee shall maintain the following amounts, as applicable, related to each gaming or

promotional activity that uses periodic payments in calculating its minimum bankroll requirement for the

purpose of complying with Regulation 6.150:

(a) For periodic payment plans approved in accordance with Regulation 5.115(3)(a), the installment

payments due within the next 12-month period for all amounts won or on public display for which the

licensee will be making periodic payments.

(b) For periodic payment plans approved in accordance with Regulation 5.115(3)(b), the first

installment payment, if not yet paid, and the present value of all future payments:

(1) For amounts won or awarded but for which the funding has not been completed; and

(2) For all prizes which have not been won or awarded but are on public display, including a

progressive meter.

requirement for other approved funding plans used for periodic payments.

10. At all times the licensee is responsible for the payment of all prizes resulting from any gaming or

promotional activity upon conclusion of the validation period, regardless of the method used to fund the

periodic payments allowed under this regulation. In the event of a default by any financial institution with

which the licensee has contracted to guarantee or make periodic payments, the licensee will be liable for

the periodic payments owed to patrons.

11. At least annually, the licensee shall verify that the independent financial institution and brokerage

firm being used to guarantee or remit periodic payments to patrons or to hold approved funding sources

related thereto continues to meet the applicable qualifications required by Regulation 5.115(2). In the event

that such entities are found to no longer meet the defined requirements, the licensee shall immediately

notify the Chair of the change in status and within 30 days provide a written plan to comply with these

requirements.

12. At least 60 days prior to the cessation of operations, a licensee responsible for remitting periodic

payments to patrons shall submit a plan to satisfy the liability for approval. The Chair, after whatever

investigation or review the Chair deems necessary, may approve the plan.

Regulation 5, Operation of Gaming Establishments Page 20

(Rev. 05/24)

13. Copies of the related contracts and agreements executed pursuant to Regulation 5.115(3)(a), (3)(b)

and (3)(d) shall be submitted to the Board within 30 days after execution. For all methods of funding periodic

payments, the licensee must maintain documents, executed contracts and agreements for a period no less

than the duration of the periodic payments plus five years thereafter.

14. Where a licensee is found to be in noncompliance with the funding requirements provided in this

regulation, the Chair may require the licensee to immediately cease offering any gaming or promotional

activity for which periodic payments are used or the Chair may require other corrective action.

15. Any failure of the licensee to maintain full compliance with each and every provision set forth in this

regulation, including the Chair’s requirements established pursuant to Regulation 5.115(3)(c), or any failure

of the licensee to immediately notify the Chair of any noncompliance thereof, shall constitute an unsuitable

method of operation. Such noncompliance may subject the licensee to disciplinary action.

16. The Commission may waive one or more of the requirements of this regulation if it makes a written

finding that such waiver is consistent with the public policy set forth in NRS 463.0129.

(Adopted: 2/91. Amended: 11/99; 2/01; 11/13.)

5.120 Finder’s fees.

1. Except as limited by subsection 2, the term “finder’s fee” means any compensation in money in

excess of the sum of $10,000, or real or personal property valued in excess of the sum of $10,000 which is

paid or transferred or agreed to be paid or transferred to any person in consideration for the arranging or

negotiation of an extension of credit to a licensee, a registered company, or applicant for licensing or

registration if the proceeds of such extension of credit are intended to be used for any of the following

purposes:

(a) The acquisition of an interest in a gaming establishment or registered company.

(b) To finance the gaming operations of a licensed gaming establishment.

2. The term “finder’s fee” shall not include:

(a) Compensation to the person who extends the credit.

(b) Normal and customary payments to employees of the person to whom the credit is extended if the

arranging or negotiation of credit is part of their normal duties.

accountants, engineers and appraisers.

(d) Underwriting discounts paid to a member of the National Association of Securities Dealers, Inc.

3. It is an unsuitable method of operation for any licensee, registered company or applicant for

licensing or registration to pay any finder’s fee without the prior approval of the Commission, acting upon a

recommendation of the Board. An application for approval of payment of a finder’s fee shall make a full

disclosure of all material facts. The Commission may disapprove any such application if the person to whom

the finder’s fee is proposed to be paid does not demonstrate that he or she is suitable to hold a state gaming

license.

(Adopted: 6/75. Amended: 2/85.)

5.130 Slot machine jackpot limits. [Repealed: 3/23/06.]

5.140 Collection of gaming credit.

1. Only bonded, duly licensed collection agencies, or a licensee’s employees, junket representatives,

attorneys, or affiliated or wholly-owned corporation and their employees, may collect, on the licensee’s

behalf and for any consideration, gaming credit extended by the licensee.

2. Notwithstanding the provisions of subsection 1, no licensee shall permit any person who has been

found unsuitable, or who has been denied a gaming license or work permit, or who has had a work permit

revoked, to collect, on the licensee’s behalf and for any consideration, gaming credit extended by the

licensee.

3. Each licensee shall maintain for the Board’s inspection records that describe credit collection

arrangements and that include any written contracts entered into with the persons described in subsection

1, unless such persons are the licensee’s key employees or junket representatives.

(Adopted: 2/85.)

5.150 Devices prohibited under NRS 465.075; exceptions.

1. It shall not be a violation of NRS 465.075 for a person to:

Regulation 5, Operation of Gaming Establishments Page 21

(Rev. 05/24)

(a) Make and refer to handwritten records of the cards played at baccarat;

(b) Make and refer to handwritten records of roulette results; or

manner traditional to that game.

2. The Chair, in the Chair’s sole and absolute discretion, may approve the use of devices not

described in subsection 1 upon the written request of a licensee, subject to such conditions as the Chair

may impose. No approval shall be effective unless it is in writing. It shall not be a violation of NRS 465.075

for a person to possess or use, in accordance with the terms of the approval, a device approved pursuant

to this subsection. As used in this subsection, “Chair” means the Chair of the Nevada Gaming Control Board

or the Chair’s designee.

(Adopted: 7/87.)

5.160 Surveillance systems.

1. As used in this section:

(a) “Applicant” means a person or entity having a pending application to become a licensee.

(b) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

(d) “Licensee” means a person or entity licensed to conduct a non-restricted operation. The term does

not include a person or entity licensed as a holder of a security or other ownership interest in the operation,

or as an officer, director or key employee of the operation, or due to any other relationship or involvement

with the operation.

2. The Chair shall adopt standards for the installation, maintenance and operation of casino

surveillance systems at all licensed establishments. The purposes of a casino surveillance system are to

assist the licensee and the state in safeguarding the licensee’s assets, in deterring, detecting and

prosecuting criminal acts, and in maintaining public confidence and trust that licensed gaming is conducted

honestly and free of criminal elements and activity.

3. At least 30 days before adopting any casino surveillance standards or revisions, the Chair shall:

(a) Publish notice of the proposed adoption or revision, together with the effective date thereof, by

posting the proposed change or revision on the Board's website;

(b) Mail notice of the posting of the proposed casino surveillance standards or revisions on the Board's

website, together with the effective date thereof, to each licensee and every other person who has filed a

request therefor with the Board; and

to the Commission.

4. Any licensee may object to the proposed casino surveillance standards or revisions, by filing a

request for a review of the Chair’s administrative decision, pursuant to Regulation 4.190. If, any licensee

files a request for review, then the effective date of the proposed casino surveillance standards or revisions

will be stayed pending action by the Board, and if the Board’s decision is appealed pursuant to Regulation

4.195, the Commission. If no requests for review are filed with the Board, then the casino surveillance

standards or revisions shall become effective on the date set by the Chair.

5. Any licensee may propose the repeal or revision of any existing casino surveillance standard or the

adoption and approval of any new casino surveillance standard by submitting a request to the Chair, who

shall consider the request at the Chair’s discretion. If such a request is approved by the Chair, then the

proposed repeal, revision or adoption must be processed in accordance with subsections 3 and 4. If such

a request is denied by the Chair, then the licensee may file the request for a review as an administrative

approval decision with the Board pursuant to Regulation 4.190, and the Commission, pursuant to

Regulation 4.195.

6. Except as otherwise provided in subsections 8 and 9, each licensee shall install, maintain and

operate a casino surveillance system in accordance with the casino surveillance standards adopted by the

Chair. The failure of a licensee to comply with this section and the casino surveillance standards adopted

by the Chair or any variation to the casino surveillance standards approved pursuant to subsection 8 is an

unsuitable method of operation.

7. Neither this section or any casino surveillance standard adopted pursuant to it alters, amends,

supersedes or removes any condition of any licensee or approval imposed on any licensee by the

Commission. However, a licensee shall be deemed to have complied with a condition requiring the Board’s

approval of a surveillance system if the licensee complies with subsection 6.

Regulation 5, Operation of Gaming Establishments Page 22

(Rev. 05/24)

8. Upon request and at the Chair’s discretion, the Chair may exempt a licensee from compliance with

any casino surveillance standard. All requests for exemption must be in writing and state the reasons for

the request and the alternative measures, if any, the licensee will undertake to accomplish the objectives

of the casino surveillance standard. The licensee must comply with the casino surveillance standard while

the request for exemption is pending. Any request for exemption that is not granted, in writing, within 90

days after it is received by the Chair will be deemed denied.

9. Each licensee and applicant must submit a written casino surveillance system plan to the Chair.

The plan must be in a form approved or required by the Chair, and must include a description of all

equipment utilized in the casino surveillance system, a blueprint or diagram that shows all of the areas to

be monitored and the placement of surveillance equipment in relation to the activities being observed, a

description of the procedures utilized in the operation of the casino surveillance system, and any other

information required by the casino surveillance standards. If an applicant will not be conducting or a licensee

does not conduct an activity that is addressed in the casino surveillance standards, then the plan must

include a statement to that effect. Each applicant must submit its plan within 60 days after its application is

filed. Thereafter, the plan must be amended and the amendments to the plan or the plan as amended must

be submitted to the Board on an annual basis by each licensee, to reflect any modification made to the

licensee’s casino surveillance system during the preceding year that resulted from (a) the repeal or revision

of any existing casino surveillance standard or the adoption of any new casino surveillance standard, (b) a

change in the layout or configuration of any area required to be monitored, or (c) any exemption granted by

the Chair pursuant to subsection 8. If no such modifications were made, then the licensee must submit a

statement to the Board to that effect.

10. If, after reviewing the licensee’s written casino surveillance system plan, the Chair determines the

plan does not comply with subsection 9, the Chair shall notify the licensee in writing, and the licensee shall

revise the plan to comply with subsection 9 and submit the revised plan within 30 days after receipt of the

Chair’s written notice.

(Adopted and Effective: 11/21/91. Amended: 7/05; 8/12.)

5.170 Programs to address problem gambling.

1. As used in this section “licensee” means each person who is licensed to conduct restricted or

nonrestricted gaming operations.

2. Each licensee shall post or provide in conspicuous places in or near gaming and cage areas and

cash dispensing machines located in gaming areas written materials concerning the nature and symptoms

of problem gambling and the toll-free telephone number of the National Council on Problem Gambling or a

similar entity approved by the Board Chair that provides information and referral services for problem

gamblers.

3. Each licensee shall implement procedures and training for all employees who directly interact with

gaming patrons in gaming areas. That training shall, at a minimum, consist of information concerning the

nature and symptoms of problem gambling behavior and assisting patrons in obtaining information about

problem gambling programs. This subsection shall not be construed to require employees of licensees to

identify problem gamblers. Each licensee shall designate personnel responsible for maintaining the

program and addressing the types and frequency of such training and procedures. Training programs

conducted or certified by the Nevada Council on Problem Gambling are presumed to provide adequate

training for the period certified by the Nevada Council on Problem Gambling.

4. Each licensee that engages in the issuance of credit, check cashing, or the direct mail marketing

of gaming opportunities, shall implement a program containing the elements described below, as

appropriate, that allows patrons to self-limit their access to the issuance of credit, check cashing, or direct

mail marketing by that licensee. As appropriate, such program shall contain, at a minimum, the following:

(a) The development of written materials for dissemination to patrons explaining the program;

(b) The development of written forms allowing patrons to participate in the program;

issuance of credit, and the participation in direct mail marketing of gaming opportunities;

(d) Standards and procedures that allow a patron to be removed from the licensee’s direct mailing and

other direct marketing regarding gaming opportunities at that licensee’s location; and

(e) Procedures and forms requiring the patron to notify a designated office of the licensee within 10

days of the patron’s receipt of any financial gaming privilege, material or promotion covered by the program.

Regulation 5, Operation of Gaming Establishments Page 23

(Rev. 05/24)

5. The Board Chair may request that any licensee submit any of the elements of the licensee’s

program described in subsections 2 through 4 to the Chair for review. If the Chair makes an administrative

determination that the licensee’s program does not adequately address the standards as set forth in

subsections 2 through 4 above, then the Chair may issue such a determination identifying the deficiencies

and specifying a time certain within which such deficiencies must be cured. Any licensee affected by such

an administrative determination may appeal the determination as provided in NGC Regulations 4.190 and

4.195.

6. Failure by a licensee to establish the programs set forth in subsections 2 through 4, or to cure a

deficiency identified pursuant to subsection 5, constitutes an unsuitable method of operation and is grounds

for disciplinary action.

7. Subsections 1, 2, 5, 6 and 7 of this regulation shall become effective on January 1, 1999.

Subsections 3 and 4 shall become effective March 31, 1999.

(Adopted: 11/98. Effective as identified at 7.)

5.180 Operation of an inter-casino linked system.

1. Definitions. As used in this section:

(a) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

(b) “Licensed establishment” means the gaming establishment of a licensee.

operation. The term does not include a person or entity licensed as a holder of a security or other ownership

interest in the operation, or as an officer, director or key employee of the operation, or due to any other

relationship or involvement with the operation.

(d) “Operator” means any person or entity holding an approval to operate an inter-casino linked system

in Nevada, a person or entity holding a license as an operator of a slot machine route that operates an

inter-casino linked system for slot machines only, or a person or entity holding a license to operate a

nonrestricted gaming operation that operates an inter-casino linked system for affiliates.

(e) “System” means an inter-casino linked system.

2. In addition to any other requirements set forth in the NRS or these regulations, all operators of

systems and licensed establishments shall comply with the following requirements:

(a) All systems shall be connected only to gaming devices or games that have been recommended by

the Board or approved by the Commission, that comply with these regulations, and that are operated in

licensed gaming establishments. The exposure for play of games or devices that are part of a system shall

be limited as follows:

(1) In the case of systems with fixed payoff schedules that exceed $250,000 or in the case of

systems with progressive payoff schedules that are expected to exceed $250,000, installations are limited

to nonrestricted gaming operations having gross revenue of $1,000,000 or more for the 12 months ended

the June 30 prior to installation of the system; or

(2) In the case of systems with fixed payoff schedules of $250,000 or less, systems with progressive

payoff schedules that are expected to be $250,000 or less, or systems without payoff schedules,

installations are permitted at any restricted or nonrestricted gaming operation.

 Notwithstanding the foregoing, any games or machines connected to an inter-casino linked system at

the time this regulation is adopted may continue to be operated as part of the inter-casino linked system.

Additionally, upon a showing of adequate surveillance and internal control procedures by a licensee, the

Chair may waive the provisions of this subsection, provided that such waiver is not inconsistent with any

license conditions placed on the operator or licensee and that such waiver is confirmed in writing.

(b) The operator or licensee, whichever may be liable for payment of the amount in dispute, shall be

responsible for any patron dispute arising at the licensed establishment with respect to any system and the

gaming devices or games connected thereto, and shall act in accordance with the provisions set forth in

NRS 463.362. This fact shall be disclosed to the patron at the time of the dispute. Licensees and operators

shall cooperate in the resolution of patron disputes arising at the licensee’s establishment.

Board and all licensees who have contracted to use their systems, on a confidential basis, the rate of

progression of all progressive payoff schedules and, if applicable, any reset funds, of their systems.

(d) Operators shall maintain a list of all persons who may access the main computer or data

communications components of their systems. Any change to that list shall be reflected in the list not later

than ten (10) days after such change.

Regulation 5, Operation of Gaming Establishments Page 24

(Rev. 05/24)

(e) At the request of the Chair, an operator shall establish and maintain with the Board a revolving

fund, in an amount not to exceed $10,000, for the purpose of funding periodic testing and evaluation of the

system by the Board.

(f) The operator shall provide in writing to each participating licensed establishment its method for

determining the pro rata share of a system payout for purposes of gross revenue deductibility, and its

method for determining the proportionate share of gaming taxes and fees owed by the operator to the

licensed establishment.

(g) Operators shall retain and provide Board agents, upon request, all records pertaining to their inter-

casino linked systems including, without limitation, all progressive payoff schedule payout verification

documents, exception reports, end-of-day reports, progressive payoff schedule reports, computer room

visitors logs, machine performance reports, weekly reconciliation reports, contribution to progressive payoff

schedule reports, and tax sharing methodology.

3. Failure to comply with any of the requirements set forth in subsection 2 shall be an unsuitable

method of operation.

4. The Chair may, upon request of an operator or an applicant for licensing as an operator, and for

good cause, waive any of the requirements set forth in subsection 2 of this regulation.

5. Operators shall maintain the records required by this section for at least five years after they are

made unless the Chair approves otherwise in writing.

(Adopted: 5/00; Amended: 4/22; 9/23.)

5.190 Aggregate payout limits for gambling games.

1. As used within this regulation, “aggregate payout limit” means a maximum payoff amount that will

be paid by a licensee to two or more patrons as the result of winning wagers resulting from any single call

of the game or hand of play.

2. Except as otherwise provided herein, a licensee may establish an aggregate payout limit on any

game as defined within NRS 463.0152, as well as on a separate bonus feature requiring a separate wager

made in conjunction with or in association with the game. Aggregate payout limits may not be combined

for different types of wagers.

3. Each separate aggregate payout limit established for the game or bonus feature may not be an

amount which is less than the highest award with the minimum wager required to play the game or bonus

feature.

4. All aggregate payout limits must be prominently displayed on the table layout or on a sign placed

on the table, which is unobstructed and clearly visible from all player positions, using language approved

by the Board Chair or the Chair’s designee.

5. Aggregate payout limits may not be imposed upon payouts from slot machines, race books, sports

pools or any game where the highest payoff odds on a winning wager are less than 50 to 1, unless otherwise

allowed by regulations of the Commission. This section does not apply to bingo or keno.

6. The Board Chair may, in the Chair’s sole and absolute discretion, waive one or more of the

provisions of this section, subject to such conditions as the Chair may impose.

(Adopted: 1/01. Effective: 5/01/01.)

5.200 Licensing and operation of a gaming salon.

1. Definitions. As used in this section:

(a) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

(b) “Gaming salon” means an enclosed gaming facility that is located anywhere on the property of a

resort hotel that holds a nonrestricted gaming license, admission to which is based upon the financial criteria

of the salon patron as established by the licensee and approved by the Board.

salon.

(d) “Licensee” means the person to whom a nonrestricted gaming license has been granted to operate

gaming, other than race or sports only, on the property of a resort hotel.

(e) “Property of a resort hotel” means the gaming establishment of a resort hotel.

(f) “Salon patron” means any patron who uses or will use a gaming salon and meets the financial

criteria for admission to the gaming salon as set out in subsection 2(d) of this section.

2. Applications for a license to operate a gaming salon or gaming salons shall be made, processed,

and determined in the same manner as applications for a nonrestricted gaming license, using such forms

Regulation 5, Operation of Gaming Establishments Page 25

(Rev. 05/24)

as the Chair may require or approve. Only the licensee of the establishment at which the gaming salon or

gaming salons will be operated may apply for a license to operate the gaming salon or gaming salons. The

application shall provide:

(a) A description of where the gaming salon or gaming salons will be located on the property of a resort

hotel.

(b) Clear and legible diagrams of the interior of the gaming salon or gaming salons. The diagrams must

be representative and proportional, and include specific reference to the size of the gaming salon or gaming

salons through the use of detailed measurements. Diagrams must be submitted with the initial application

that clearly depict each entrance and exit.

establishment’s administrative and accounting procedures adopted pursuant to Regulation 6.090.

(d) Financial criteria for admission of a salon patron to a gaming salon shall include a front money

deposit of at least $300,000, or a $300,000 line of credit, or a combination thereof of at least $300,000,

established by the licensee in accordance with Regulation 6.120 and the licensee’s system of internal

control.

(e) Plans for the surveillance and security system for the gaming salon or gaming salons.

(f) Such other or additional information and details as may be required or deemed necessary by the

Chair.

3. A licensee who operates a gaming salon on the property of a resort hotel shall comply with the

following restrictions and requirements, in addition to any other requirements set forth in the NRS or the

regulations of the Commission. In this regard, the licensee shall:

(a) Establish a log that contains the name of each salon patron of the gaming salon, as well as the

times each salon patron enters and leaves the gaming salon. The log shall be maintained for a period of

not less than two years.

(b) Surveillance shall be maintained in accordance with Surveillance Standard 10.

is available for play. Minimum wagers within the gaming salon shall not be less than $500 for slot machines.

Minimum wagers within the gaming salon shall be set at the discretion of the licensee for table games.

(d) Ensure that at all times a gaming salon is open to a patron for play, a gaming employee, in addition

to any dealer or dealers present to operate any table games, is physically present in the salon and actively

supervising the operation.

(e) Admit into the gaming salon as salon patrons only those individuals who meet the approved

financial criteria and retain for five (5) years, documentation evidencing each salon patron’s qualifications

under the criteria.

(f) Ensure that the gaming salon is not established in, and direct ingress or egress is not provided

from, a room available for sleeping or living accommodations.

4. A salon patron may be accompanied by as many guests as the licensee permits. Prior or

contemporaneous to any guest wagering in a gaming salon, a salon patron must be, or have been,

physically present in the gaming salon. The licensee may permit guests to continue wagering during periods

of time when the salon patron leaves the gaming salon for a period not to exceed 6 hours.

5. A license granted by the Commission to operate a gaming salon shall allow for the initial opening

of one or more gaming salons at the resort hotel. Subsequent to initial gaming salon licensing, each

additional gaming salon to be operated on the property of the resort hotel must adhere to all applicable

statutes and regulations of the Commission and may only be opened after obtaining prior administrative

approval from the Chair. The Chair, in the Chair’s sole and absolute discretion, may refer a request for an

additional gaming salon to the full Board and Commission for consideration of approval.

6. A licensee shall not change the size or location of any approved gaming salon, or materially alter

its physical characteristics, without the prior written administrative approval of the Chair. A licensee may

change the number, type and configuration of the games or devices offered within the gaming salon

subsequent to initial licensing, provided security, internal controls, accounting and all other requirements of

this section as well as all other applicable statutes and regulations of the Commission are fully satisfied. A

licensee affected by an adverse administrative decision may appeal the determination as provided in NGC

Regulations 4.190 and 4.195. The Chair, in the Chair’s sole and absolute discretion, may refer a

modification request to the full Board and Commission for consideration of approval.

7. Information provided to the Board pursuant to this section is considered to be confidential pursuant

to the applicable provisions of NRS 463.120(4).

Regulation 5, Operation of Gaming Establishments Page 26

(Rev. 05/24)

(Adopted and Effective: 1/24/02. Amended: 6/07; 11/08; 9/23.)

5.210 Authorizing the imposition of a fee for admission to an area in which gaming is

conducted.

1. As used in this section:

(a) “Area” means any portion of an establishment where any gaming is conducted, to which a fee is

charged for admission.

(b) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

person, to enter, or remain in an area.

(d) “Licensee” means a person who has been granted a nonrestricted gaming license.

2. A licensee may not, directly or indirectly, restrict access to any portion of an establishment wherein

gaming is conducted, through the assessment or imposition of a fee, except upon receiving prior written

administrative approval from the Chair consistent with policies of the Commission, or as approved pursuant

to NRS 463.408.

3. A request for an approval pursuant to subsection 2, shall be made on forms approved by the Chair,

and shall include the following information:

(a) The size of the area;

(b) The amount of gaming that occurs, or will occur within the area;

as outside the area;

(d) The business purpose of the area;

(e) What other amenities will be offered within the area;

(f) The amount of costs and expenses incurred by the licensee in creating the area;

(g) The benefit to the State of Nevada in having gaming conducted within the area;

(h) The maximum amount of the fee that will be charged to enter or remain in the area, as well as

whether the fee to be charged is reasonable as compared to the prevailing practice within the industry;

(i) Whether the area should more appropriately be treated as a gaming salon;

(j) Whether, if applicable, the licensee’s minimum internal control standards or minimum internal

control procedures applicable to the area have been updated and approved by the Board;

(k) Whether, if applicable, all current surveillance requirements applicable to the area have been

approved by the Board;

(l) A clear and legible diagram that depicts the number of games, slot machines and other gaming

devices to be exposed for play as well as their location within the area of the establishment to which access

will be restricted through the imposition of a fee; and

(m) Such additional or supplemental information as the Chair may require.

4. The Chair may refer a request for approval to the Board and Commission for consideration, or

grant, deny, limit, restrict or condition a request made pursuant to this section for any cause the Chair

deems reasonable. A licensee aggrieved by a decision of the Chair may submit the matter for review by

the Board and Commission pursuant to NGC Regulations 4.185 through 4.195, inclusive.

5. The Chair is hereby granted the authority to issue an interlocutory order, revoking or suspending

any administrative approval granted pursuant to this section for any cause deemed reasonable. An

interlocutory order shall be deemed delivered and effective when personally served upon the licensee, or

if personal service is impossible or impractical, when deposited, postage prepaid, in the United States mail,

to the licensee at the address of the establishment as shown in the records of the Commission. If an

interlocutory order revoking or suspending the administrative approval is issued, the effected licensee may

request that the order be reviewed by the Board and Commission pursuant to NGC Regulation 4.185

through 4.195, inclusive.

6. A licensee who is allowed to charge a fee for a patron to enter or remain in an area pursuant to this

section shall:

(a) Deposit with the Board and thereafter maintain a revolving fund in an amount of $5,000 unless a

lower amount is approved by the Chair, which shall be used to pay the expenses of agents of the Board

and Commission to enter the area. Upon a licensee’s termination of the admission fee, and upon its request,

the Board shall refund the balance remaining in the licensee’s revolving fund;

(b) Arrange for immediate access by agents of the Board and Commission to the area; and

Regulation 5, Operation of Gaming Establishments Page 27

(Rev. 05/24)

nonrestricted gaming license has been issued, provide for the public at least the same number of gaming

devices and games in a different area for which no fee is charged for admission.

7. A licensee who is allowed to charge a fee to enter or remain in an area pursuant to this section,

shall not:

(a) Use a fee charged for admission to create a private gaming area that is not operated in association

or conjunction with a non-gaming activity, attraction or facility; or

(b) Restrict admission to the area for which a fee for admission is charged to a patron on the grounds

of race, color, religion, national origin, or disability of the patron. Whenever a licensee and a patron are

unable to resolve the dispute to the satisfaction of the patron and the dispute involves an admission fee of:

(1) At least $500, the licensee shall immediately notify the Board; or

(2) Less then $500, the licensee shall inform the patron of the patron’s right to request that the

Board conduct an investigation.

 Disputes must be resolved pursuant to the provisions and requirements of NRS 463.362 through

463.366, inclusive.

8. If a gaming licensee who holds a nonrestricted license charges a fee pursuant to this section,

unless the area for which a fee for admission is charged is otherwise subject to the excise tax on admission

to any facility in this State where live entertainment is provided pursuant to chapter 368A of NRS, the

determination of the amount of the liability of the gaming licensee for that tax:

(a) Includes the fees charged for admission pursuant to this section; and

(b) Does not include charges for food, refreshments and merchandise collected in the area for which

admission is charged.

9. Once approval has been granted pursuant to this section to charge a fee, the amount of the fee

may not be increased, nor may the number or location of the games or devices be changed without the

prior administrative approval of the Chair. Requests to change the number or location of any games or

devices shall be accompanied by a diagram depicting the new location, and number of games and devices

to be exposed within the area to which a fee is being charged.

10. Notwithstanding the forgoing, a fee may be charged for admission to an establishment, or any area

thereof, for which a restricted gaming license has been issued, provided, that there be posted a sign of a

suitable size, which shall be placed near the entrance to the establishment, that provides notice to patrons

that they do not need to pay a fee to engage in gaming within the establishment.

(Adopted: 3/06.)

5.215 Operation of a system supported or system based gaming device. [Repealed: 9/23.]

(Adopted: 01/10.)

5.220 Operation of a mobile gaming system.

1. Definitions. As used in this section:

(a) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

(b) “Communications technology” means any method used and the components employed by a

licensed gaming establishment to facilitate the transmission of information, including, without limitation,

transmission and reception by systems based on wireless network, wireless fidelity, wire, cable, radio,

microwave, light, optics or computer data networks. The term does not include the Internet.

463.0136, that will be approved as associated equipment.

(d) “Licensed gaming establishment” means the establishment of a licensee, which includes all land,

together with all buildings and improvements located thereon.

(e) “Licensee” means a person or entity licensed to conduct nonrestricted gaming operations, who at

all times exposes to the public for play, 100 or more slot machines and at least one table game, within its

licensed gaming establishment. The term does not include a person or entity licensed as a holder of a

security or other ownership interest in the licensee, or as an officer, director or key employee of the licensee,

or due to any other relationship or involvement with the licensee or gaming operation.

(f) “Mobile communications device” means a device which displays information relating to the game

to a participant in the game as part of a system.

(g) “Mobile gaming system” or “system” means a system that allows for the conduct of games through

mobile communications devices operated solely within the licensed gaming establishment by the use of

Regulation 5, Operation of Gaming Establishments Page 28

(Rev. 05/24)

communications technology that allows a patron to bet or wager, and corresponding information related to

the display of the game, gaming outcomes or other similar information.

(h) “Operator of a mobile gaming system” or “operator” means a licensee who has been licensed to

operate a mobile gaming system, or a person or entity, who, under any agreement whereby consideration

is paid or payable for the right to place a mobile gaming system, engages in the business of placing and

operating a mobile gaming system within a licensed gaming establishment and who is authorized to share

in the revenue from the mobile gaming system without having been individually licensed to conduct gaming

at the establishment.

2. Mobile gaming systems may be exposed for play as follows:

(a) A system may only be exposed for play to the public by an operator licensed by the Commission

at a licensed gaming establishment in an area approved by the Chair.

(b) A licensee or an operator may submit a request to the Chair for approval to expose a system for

play at a licensed gaming establishment.

(1) Such a request must specify at a minimum:

(A) In what areas the system will be exposed for play;

(B) How the operator intends to:

(i) Adequately monitor play of the system and

(ii) Reasonably assure only players of lawful age will operate the mobile communications

devices; and

(2) A licensee or an operator aggrieved by a decision of the Chair may submit the matter for review

by the Board and Commission pursuant to NGC Regulations 4.185 through 4.195, inclusive.

3. In addition to any other requirements set forth in the NRS or these regulations, the operator and

licensee where a system is operated shall comply with the following requirements:

(a) Only a system that has been approved by the Commission may be exposed for play within a

licensed gaming establishment.

(b) The licensee shall be responsible for any patron dispute arising at the licensed gaming

establishment with respect to any system and games exposed thereby, and shall act in accordance with

the provisions set forth in NRS 463.362, et. seq. This fact shall be disclosed to the patron at the time of the

dispute. Operators and licensees shall cooperate in the resolution of patron disputes arising at the

licensee’s establishment, and the licensee may contractually seek indemnity from the operator for any

losses.

gaming establishment.

(d) Systems that expose games with fixed payoff schedules that exceed $250,000 or in the case of

systems that expose games with progressive payoff schedules that are expected to exceed $250,000, are

limited to Group I, nonrestricted gaming operations.

(e) At the request of the Chair, an operator shall deposit with the Board and thereafter maintain a

revolving fund in an amount of $20,000 unless a lower amount is approved by the Chair, which shall be

used to ensure compliance of the system with applicable laws and regulations. Upon surrendering its

operator’s license, the Board may refund the balance remaining in the revolving fund.

(f) All revenue received from the system, regardless of whether any portion of the revenue is shared

with the operator, must be attributed to the licensee of the licensed gaming establishment and counted as

part of the gross revenue of the licensee pursuant to NRS 463.370. The operator, if receiving a share of

the revenue from a system, is liable to the licensee for the operator’s proportionate share of the license

fees paid by the licensee pursuant to NRS 463.370.

(g) Each separate mobile communications device is subject to the same fees and taxes made

applicable to slot machines by NRS 463.375, if it is activated on the system and made available for play by

a patron at any time during a calendar quarter, and by NRS 463.385, if it is activated on the system and

made available for play by a patron at any time during a fiscal year. The operator shall be liable to the

licensee for the operator’s proportionate share of the license fees paid by the licensee pursuant to NRS

463.375 and 463.385.

(h) Operators shall retain and provide Board agents, upon request, all records pertaining to their mobile

gaming systems including, without limitation, all revenue and cash records, end-of-day reports, computer

room visitors logs, details of any patron disputes, device or game performance reports, weekly reports, and

any other financial or non-financial records or reports required to be provided by the Chair.

Regulation 5, Operation of Gaming Establishments Page 29

(Rev. 05/24)

4. Failure to comply with any of the requirements set forth in subsection 3 shall be an unsuitable

method of operation.

5. Except for subsections 3(f) and 3(g), the Chair may, for good cause shown, waive any of the

requirements set forth in subsection 3 of this regulation.

6. Operators shall maintain the records required by this section for at least five years after the records

are made unless the Chair approves otherwise in writing.

7. Before a wager may be made on a system, a wagering account must be established in accordance

with Regulation 5.225.

(Adopted: 3/06; Amended: 9/11; 5/17.)

5.225 Wagering accounts.

1. Definitions. As used in this section:

(a) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

(b) “Licensee” means any person to whom a valid gaming license has been issued.

licensee may verify access to, or use of, a wagering account.

(d) “Wagering account”:

(1) Means an electronic ledger operated and maintained by a licensee for a patron in connection with

the patron’s use and play of any or all authorized games and gaming devices, including, but not limited to,

race books, sports pools, mobile gaming systems, and interactive gaming, wherein information relative to

such use and play is recorded on behalf of the patron including, but not limited to, the following types of

transactions:

(I) Deposits;

(II) Withdrawals;

(III) Debits;

(IV) Credits;

(V) Service or other transaction-related charges authorized by the patron; and

(VI) Adjustments to the wagering account.

(2) Does not mean an electronic ledger:

(I) Used solely by a licensee to track reward points or credits or similar benefits issued by a

licensee to a patron and not obtained by the patron through the payment of cash or cash equivalent even

if such reward points or credits or similar benefits are redeemable for cash, provided the electronic ledger

does not allow deposits by a patron; or

(II) Used solely to record and track wagering vouchers whose validity and value are determined,

monitored, and retained by a licensee’s cashless wagering system and/or to communicate with a licensee’s

cashless wagering system for the purpose of facilitating a patron’s use or redemption of wagering vouchers

whose validity and value are determined, monitored, and retained by the licensee’s cashless wagering

system. For purposes of this sub-sub paragraph, the term “wagering voucher” has the meaning ascribed to

it in subsection 6 of NRS 463.369.

2. Except as otherwise specified in Regulations 5A, 22, and 26C, as applicable, a licensee shall

comply with the provisions of this section for the creation and use of wagering accounts for all forms of

wagering.

3. Scope of use of wagering accounts.

(a) Subject to paragraph (b) of this subsection, a licensee may establish and allow the use of wagering

accounts for patrons’ gaming activity with any licensed gaming establishment of the licensee and with any

affiliate of the licensee.

(b) Before a licensee allows its wagering accounts to be used by patrons in connection with their use

and play of games and gaming devices with any other gaming establishment of the licensee or with any

affiliate of the licensee, the licensee must:

(1) Submit to the Chair a written proposal for implementation of such wagering accounts that

addresses the following:

(I) The proper reporting of revenue;

(II) How minimum bankroll requirements will be satisfied;

(III) How the reserve requirements of this section will be satisfied;

(IV) Compliance with the Board’s minimum internal control procedures adopted pursuant to

Regulation 6.090; and

Regulation 5, Operation of Gaming Establishments Page 30

(Rev. 05/24)

(V) Any additional items or information as the Chair may require.

(2) Obtain the written administrative approval from the Chair subject to such conditions or limitations

that the Chair may impose.

4. A third party may operate and maintain wagering accounts on behalf of a licensee if the following

conditions are met:

(a) A licensee may use a registered cash access and wagering instrument service provider or a

manufacturer licensed by the Commission pursuant to NRS 463.650 to operate and maintain wagering

accounts on behalf of the licensee.

(b) A registered cash access and wagering instrument service provider or a licensed manufacturer that

acts on behalf of a licensee to operate and maintain wagering accounts shall be subject to the provisions

of this section applicable to such services to the same extent as the licensee.

this regulation, the Gaming Control Act and all other regulations of the Commission regardless of its use of

a registered cash access and wagering instrument service provider or a licensed manufacturer to operate

and maintain wagering accounts on its behalf.

(d) A registered cash access and wagering instrument service provider or a licensed manufacturer

acting on behalf of a licensee, and with the consent of the licensee and the patron, may use a patron’s

personal identification information to administer all other wagering accounts created for that patron on

behalf of additional licensees.

5. To the extent not otherwise inconsistent with NRS 463.245(3), a licensee may create a wagering

account for a patron only after it has registered the patron, either remotely or in person, as follows:

(a) Obtained, recorded, and verified:

(1) The identity of the patron;

(2) The patron’s date of birth;

(3) The patron’s physical address; and

(4) The last four digits of the patron’s social security number, if a United States resident.

(b) Have the patron affirm:

(1) That the information provided by the patron to the licensee to open the wagering account is

accurate;

(2) That the patron has reviewed and acknowledged the rules and procedures established by the

licensee for use of the wagering account;

(3) That the patron has been informed of and acknowledged that they are prohibited from allowing

any other person not assigned to the wagering account access to or use of their wagering account; and

(4) That the patron consents to the monitoring and recording by the licensee and the Board of the

use of the wagering account.

463.151 and Regulation 28.

 A licensee may assign more than one patron to a single wagering account provided that each additional

patron is registered as provided herein.

6. Once a wagering account is created, a secure personal identification for each patron authorized to

use the wagering account shall be implemented by the licensee that is reasonably designed to prevent the

unauthorized access to, or use of, the wagering account by any person other than the patron or patrons for

whom the wagering account is established.

7. A licensee shall not allow a patron to make any wagers using the wagering account until the

patron’s identity is confirmed as follows:

(a) The patron personally appears before an employee of the licensee at its licensed gaming

establishment or at the licensed gaming establishment of its affiliate where the patron presents a valid

government issued picture identification credential confirming the patron’s identity; or

(b) Except for wagering accounts created pursuant to Regulation 22.140(6), the identity of the patron

is otherwise confirmed remotely through the patron providing a valid government issued picture

identification credential coupled with an identity verification method that enables the licensee to form a

reasonable belief that it knows the true identity of the patron. Such identity verification methods include,

without limitation, dynamic knowledge-based authentication, or other method acceptable to the chair.

8. A licensee shall not allow a wagering account to be created anonymously or in a fictitious name.

Patrons may, while using or playing a game or gaming device, represent themselves using a name other

than their actual name or may remain anonymous.

Regulation 5, Operation of Gaming Establishments Page 31

(Rev. 05/24)

9. Funds may be deposited by a patron into the patron’s wagering account as follows:

(a) Cash deposits made directly with the licensee;

(b) Personal checks, cashier’s checks, wire transfer and money order deposits made directly or mailed

to the licensee;

(d) Debits from the patron’s debit instrument, prepaid access instrument, or credit card;

(e) Transfers from another account verified to be controlled by the patron through the automated

clearing house or another mechanism designed to facilitate electronic commerce transactions;

(f) Funds derived from the extension of credit to the patron by the licensee; or

(g) Any other means approved by the Chair.

10. Funds may be withdrawn by a patron from their wagering account as follows:

(a) Issuance of cash directly to the patron by the licensee;

(b) Issuance of a personal check, cashier’s check, money order, or wire transfer by the licensee made

payable to the patron and issued directly or mailed to the patron;

(d) Credits to the patron’s debit instrument, prepaid access instrument, or credit card;

(e) Transfers to another account verified to be controlled by the patron through the automated clearing

house or another mechanism designed to facilitate electronic commerce transactions;

(f) As repayment of outstanding credit owed by the patron to the licensee; or

(g) Any other means approved by the Chair.

11. Credits to a wagering account may be made by the following means:

(a) Deposits;

(b) Amounts won by the patron;

(d) Promotional credits, or bonus credits provided by the licensee and subject to the terms of use

established by the licensee and as long as such credits are clearly identified as such;

(e) Adjustments made by the licensee following the resolution of a dispute; or

(f) Any other means approved by the Chair.

12. Debits to a wagering account may be made by the following means:

(a) Withdrawals;

(b) Amounts wagered by the patron;

(d) Adjustments made by the licensee following the resolution of a dispute;

(e) Service or other transaction-related charges authorized by the patron; or

(f) Any other means approved by the Chair.

13. Unless there is a pending unresolved player dispute or investigation, a licensee shall comply with

a request for a withdrawal of funds by a patron from the patron’s wagering account in accordance with the

terms of the wagering account agreement between the licensee and its patron.

14. A licensee shall not allow a patron to electronically transfer funds from their wagering account to

any other patron’s wagering account.

15. A licensee shall not allow a wagering account to be overdrawn unless caused by payment

processing issues outside the control of the licensee.

16. A licensee shall suspend a wagering account if the wagering account has not been used to make

any wagers for a consecutive 16-month period. The licensee may re-activate a suspended wagering

account only after re-verifying the information required by subsection 5(a) of this regulation and upon

confirming the patron’s identity in accordance with subsection 7 of this regulation.

17. A licensee shall record and maintain, for a period of at least 5 years after creation, the following in

relation to a wagering account:

(a) All information used by the licensee to register a patron and create the wagering account pursuant

to subsection 5 of this regulation;

(b) The method used to verify the information provided by a patron to establish the wagering account,

including a description of the identification credential provided by a patron to confirm their identity and its

date of expiration;

(d) The date and time the wagering account is accessed by any person, including the patron or the

licensee;

Regulation 5, Operation of Gaming Establishments Page 32

(Rev. 05/24)

(e) All deposits, withdrawals, credits and debits; and

(f) The patron’s account number.

18. Responsible Gambling.

(a) Licensees shall ensure that its patrons have the ability to select responsible gambling options

associated with their wagering account that include deposit limits establishing the amount of total deposits

a patron can make to their wagering account within a specified period of time.

(b) Licensees shall conspicuously display and make available to patrons, upon access to their

wagering account, the following responsible gambling message:

[Licensee’s name] encourages you to gamble responsibly. For problem gambling

information and assistance, call the 24-hour confidential Problem Gamblers HelpLine at 1-

800-522-4700, or visit www.WhenTheFunStops.org.

 If either the helpline number or website address changes, the Chair may administratively approve the

use of an alternative helpline number or website address.

19. Each licensee that offers wagering accounts shall adopt, conspicuously display, make available,

and adhere to written, comprehensive rules governing wagering account transactions. Such rules must

include, at a minimum, the following:

(a) That the licensee’s house rules apply to wagering accounts, as applicable.

(b) That the licensee shall provide each patron, upon reasonable request and consistent with its

internal control policies, with a statement of account showing each wagering account deposit, withdrawal,

credit, and debit made during the time period reported by the account statement. The patron may dispute

any transaction in accordance with Regulation 7A.

record of the entire transaction and shall not accept any such wager if the recording system is inoperable.

The licensee’s record of a patron’s confirmation of all wagers shall be deemed to be the transaction of

record. Such records are made available to the Board upon request.

(d) That the licensee has the right to;

(1) Refuse to establish a wagering account for what it deems good and sufficient reason;

(2) Refuse deposits to wagering accounts for what it deems good and sufficient reason;

(3) Refuse to accept all or part of any wager for what it deems good and sufficient reason;

(4) Declare that any or all wagers will no longer be received; and

(5) Unless there is a pending Board investigation or patron dispute, suspend or close any wagering

account at any time pursuant to the terms of the agreement between the licensee and the patron, provided,

however, when a wagering account is closed, the licensee shall immediately return the balance of the

wagering account at the time of said action, subject to compliance with these regulations, the licensee’s

house rules, and federal and state laws and regulations, by sending a check to the patron’s address of

record or as otherwise provided pursuant to the terms of the wagering account agreement; and

(e) Except as otherwise expressly provided, that the licensee shall keep confidential the following:

(1) The amount of money credited to, debited from, or present in any particular patron’s wagering

account;

(2) The amount of money wagered by a particular patron on any game or gaming device;

(3) The account number and secure personal identification method that identifies the patron;

(4) The identities of particular entries on which a patron is wagering or has wagered; and

(5) The name, address, and other information in the possession of the licensee that would identify

the patron to anyone other than the Board or the licensee.

(f) That the licensee, with regard to the information identified in subsection 19(e):

(1) Shall share the information with:

(I) The Board;

(II) Financial institutions participating in a program established in accordance with Section 314(b)

of the USA Patriot Act; and

(III) As required by state or federal law.

(2) May share the information with:

(I) Any licensed affiliate;

(II) A person who has been issued a nonrestricted license for an establishment where the

licensee operates a race book or sports pool; and

Regulation 5, Operation of Gaming Establishments Page 33

(Rev. 05/24)

(III) As authorized by the patron.

(g) That the licensee shall disclose its policy regarding the acceptance of personal checks, cashier’s

checks, wire transfers, money orders, debit instruments, credit cards and electronic transfers of money to

the patron.

20. Reserve requirements for licensees.

(a) A licensee shall maintain a reserve in the form of cash, cash equivalents, an irrevocable letter of

credit, a bond, or a combination thereof for the benefit and protection of patrons' funds held in wagering

accounts. The reserve may be maintained by a licensee’s holding company and may be combined as a

single amount for all patrons’ funds held in wagering accounts maintained by the licensee and its affiliate

licensees.

(b) The amount of the reserve shall be not less than the greater of $25,000 or the sum of all patrons’

funds held in the wagering accounts. Amounts available to patrons for play that are not redeemable for

cash may be excluded from the reserve requirement. In calculating the sum of all patrons’ funds held in

wagering accounts when such wagering accounts are used for multiple types of wagering, this subsection,

and Regulations 5A, 22, and 26C, as applicable, shall not be construed to require the tallying of such

patrons’ funds more than once.

must be held or issued, as applicable, by a federally-insured financial institution. If the reserve is maintained

in the form of a bond, it must be written by a bona fide insurance carrier. The reserve must be established

pursuant to a written agreement between the licensee and the financial institution or insurance carrier, but

the licensee may engage an intermediary company or agent acceptable to the Chair to deal with the

financial institution or insurance carrier, in which event the reserve may be established pursuant to written

agreements between the licensee and the intermediary and between the intermediary and the financial

institution or insurance carrier.

(d) The agreements described in paragraph (c) of this subsection must reasonably protect the reserve

against claims of the licensee’s creditors other than the patrons for whose benefit and protection the reserve

is established, and must provide that:

(1) The reserve is established and held in trust for the benefit and protection of patrons to the extent

the licensee holds money in wagering accounts for such patrons;

(2) The reserve must not be released, in whole or in part, except to the Board on the written demand

of the Chair or to the licensee on the written instruction of the Chair. The reserve must be available within

60 days of the written demand or written notice. The licensee may receive income accruing on the reserve

unless the Chair instructs otherwise pursuant to paragraph (k) of this subsection;

(3) The licensee has no interest in or title to the reserve or income accruing on the reserve except

to the extent expressly allowed in this subsection;

(4) Nevada law and this subsection govern the agreements and the licensee’s interest in the

reserve and income accruing on the reserve;

(5) The agreements are not effective until the Chair’s approval has been obtained pursuant to

paragraph (e) of this subsection; and

(6) The agreements may be amended only with the prior, written approval of the Chair.

(e) Each licensee shall submit to the Chair all information and copies of all documents relating to its

proposed reserve arrangement, including copies of the agreements described in paragraphs (c) and (d) of

this subsection, and must obtain the Chair’s approval of the agreements and of the reserve arrangements

generally. The Chair shall determine whether the agreements and arrangements satisfy the purposes and

requirements of this subsection, may require appropriate changes or withhold approval if they do not, and

shall notify the licensee of the determination. Amendments to reserve agreements or arrangements must

be approved in the same manner.

(f) A licensee must calculate its reserve requirements each day. In the event a licensee determines

that its reserve is not sufficient to cover the calculated requirement, the licensee must, within 24 hours,

notify the Chair of this fact in writing and must also indicate the steps the licensee has taken to remedy the

deficiency.

(g) Each licensee must engage an independent certified public accountant to examine the pertinent

records relating to the reserve each month and determine the reserve amounts required by this subsection

for each day of the previous month and the reserve amounts actually maintained by the licensee on the

corresponding days. The licensee shall make available to the accountant whatever records are necessary

to make this determination. The accountant shall report the findings with respect to each day of the month

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under review in writing to the Board and the licensee no later than the tenth day of the next month. The

report shall include the licensee’s statement addressing each day of noncompliance and the corrective

measures taken.

(h) The report described in paragraph (g) of this subsection may be prepared by an employee of the

licensee that is independent of the gaming operations if written approval has been received from the Chair.

The report must contain the signature of an employee attesting to the accuracy of the submitted information.

(i) If the Chair is notified pursuant to paragraph (f) of this subsection, or the report described in

paragraph (g) of this subsection indicates that at any time during the month under review the amount of the

reserve did not meet the requirements of this section, the Chair may instruct the book to either increase the

reserve accordingly or cease accepting wagers and money for the account of patrons until such time as the

reserve meets the requirements of this subsection and is confirmed to the Chair’s satisfaction. The Chair

may demand that this reserve be increased to correct any deficiency or for good cause to protect patrons.

(j) If the reserve exceeds the requirements of this subsection, the Chair shall, upon the licensee’s

written request, authorize the release of the excess.

(k) When a licensee ceases operating and its license lapses, is surrendered, or is revoked, the Chair

may demand payment of the reserve, any income accruing on the reserve after operations cease, and, if

instructions from the Chair that income accruing on the reserve not be paid to the licensee are in effect

when operations cease, any income accruing since the instructions took effect. The Board may interplead

the funds in state district court for distribution to the patrons for whose protection and benefit the reserve

was established and to such other persons as the court determines are entitled thereto, or shall take such

other steps as are necessary to effect the proper distribution of the funds, or may do both.

(l) As used in this subsection, “month” means a calendar month unless the Chair requires or approves

a different monthly period to be used for purposes of this subsection, in which case “month” means the

monthly period so required or approved.

21. Upon written request and good cause shown, the Chair may waive one or more of the requirements

of subsection 20 of this Regulation. If a waiver is granted, the Chair may impose alternative requirements.

(Adopted: 5/17. Amended: 1/19; 10/19; 8/21; 1/22; 4/22; 9/23.)

5.230 Hosting center; registration required.

1. Before associated equipment, cashless wagering systems, games, gaming devices, race book

operations, or sports pool operations, in whole or in part, can be housed at a hosting center, the hosting

center, including any individual or entity having significant control over the operations of the hosting center,

as determined by the Board Chair, that may include without limitation, controlling shareholders, officers,

directors, or other principals, must register with the Board pursuant to this section and section 4.200 of

these regulations. A registration required by this subsection is not effective until the Board Chair, or the

Chair’s designee, notifies the applicant for registration in writing that the applicant is registered with the

Board.

2. A hosting center registered pursuant to this section shall not have access to the software,

applications, or data contained or transacted on any associated equipment, cashless wagering system,

game, gaming device, race book operation, or sports pool operation of the gaming licensee housed at the

hosting center’s facility.

3. Each application for registration as a hosting center shall include a statement, subscribed by the

applicant, that the hosting center is in compliance, and agrees to remain in compliance with all applicable

standards of the International Organization for Standardization, including, without limit, ISO/IEC 27001,

27002, and 27017, or the equivalent.

4. Each applicant for registration as a hosting center shall provide a description of the facility and

services available, including without limitation, a description of its location, its available security measures,

its disaster recovery capabilities, and such other information as the Board Chair, or the Chair’s designee,

may require.

5. Notwithstanding section 4.200 of these regulations and except as otherwise provided herein, a

hosting center registration shall not expire or be subject to renewal. However, any individual or entity

registered as a person having significant control over the operations of such registered hosting center shall

be subject to the provisions of subsection 5 of section 4.200 of these regulations. The failure of a person

having significant control over the operations of a registered hosting center to renew their registration in

accordance with subsection 5 of section 4.200 of these regulations shall result in the expiration of both their

registration and the hosting center registration.

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6. The Board Chair, or the Chair’s designee, in his or her sole and absolute discretion may, upon

receipt of a written request, waive the requirements of subsection 4 if the hosting center can demonstrate,

to the Chair's or the Chair’s designee's satisfaction, that the disclosure to the Board of certain information

required under that subsection would hinder operations or pose a hardship due to contractual obligations.

(Adopted: 7/11; Amended: 4/22; 9/23; 5/24.)

5.2305 Location of Hosting center; suitability of jurisdiction

1. A hosting center may not be registered with the Board if it is located or operated in a jurisdiction

whose laws, regulations, ordinances, or policies in any way limit or infringe on the power and authority of

the Board and Commission provided in section 5.231 of these regulations.

2. A hosting center located and operated outside the State of Nevada may not be registered with the

Board until:

(a) The applicant for registration establishes, to the sole satisfaction of the Board Chair or the Chair’s

designee, that:

(1) The location and operation of the hosting center in the subject jurisdiction will not violate the

prohibition set forth in subsection 1;

(2) The transactions that will be processed on the parts of the associated equipment, cashless

wagering systems, games, gaming devices, race book operations, or sports pool operations housed at the

hosting center are lawful in the subject jurisdiction and will not violate the laws of the country, territory, or

other recognized regional or tribal government where the hosting center is located and operated; and

(3) The applicant has performed adequate due diligence to ensure that the location and operation

of the hosting center in the subject jurisdiction will not present any unreasonable risks of an unsuitable

method of operation or a violation of the public policy of the state set for in NRS 463.0129; and

(b) The Board Chair, or the Chair’s designee, determines that the location and operation of the

registered hosting center in the subject jurisdiction:

(1) Is consistent with the public policy of the state set forth in NRS 463.1029;

(2) Will not limit or infringe on the Board’s ability to monitor and investigate the registered hosting

center’s operations;

(3) Will not prevent or limit the Board’s ability to enforce the requirements of the Gaming Control

Act and these regulations applicable to the registered hosting center and its operation;

(4) That there are no material concerns over the reputation, suitability, or stability of the subject

jurisdiction; and

(5) The transactions to be processed at the hosting center will not violate the laws of the subject

jurisdiction and will not violate the laws of the country, territory, or other recognized regional or tribal

government where the hosting center is located and operated.

3. The applicant requesting to register a hosting center located and operated outside the State of

Nevada has the burden of establishing the suitability of the subject jurisdiction.

4. A person whose application for registration of a hosting center located and operated outside the

State of Nevada is not approved by the Board Chair or the Chair’s designee may appeal the decision using

the administrative appeal process found in sections 4.185 through 4.195 of these regulations.

(Adopted: 4/22; Amended: 5/24.)

5.231 Hosting center; access to premises.

1. The portion of the premises of a registered hosting center on which equipment is located that hosts

certain parts of associated equipment, a game, gaming device, cashless wagering system, race book or

sports pool operation, or interactive gaming system is subject to the power and authority of the Board and

Commission pursuant to NRS 463.140, as though the premises is where gaming is conducted and as if the

hosting center is a gaming licensee.

2. A hosting center may apply to the Board Chair for a waiver or modification of the requirements of

subsection 1. If satisfied that the requested waiver or modification is consistent with the public policy set

forth in NRS 463.0129, the Board Chair may, in the Chair’s sole and absolute discretion, grant the requested

waiver subject to any conditions, limitations, or alternative requirements as the Chair may deem necessary

or appropriate. Such application shall be considered part of, or an addendum to, the hosting center’s

application for registration, and the Board Chair may impose an investigation fee pursuant to paragraph (d)

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of subsection 3 of section 4.200 of these regulations to cover any costs associated with processing the

application for waiver or modification.

3. It shall be an unsuitable method of operation for any registered hosting center to deny a member

or agent of the Board or Commission, upon proper and lawful demand:

(a) Access to the premises or equipment as described in subsection 1 or as waived of modified

pursuant to subsection 2;

(b) The ability to inspect any aspect of its operation conducted pursuant to its registration as a hosting

center; or

center to a member or agent of the Board or Commission.

(Adopted: 7/11; Amended: 5/24.)

5.232 Hosting center; determination of suitability.

1. The Commission may, upon recommendation of the Board, require an individual or entity owning,

operating or having a significant involvement with a hosting center to file an application for finding of

suitability to be associated with licensed gaming, including race book or sports book operations.

2. The Commission shall give written notice to the individual or entity of its decision to require the

filing of an application for a finding of suitability under subsection 1. Unless otherwise stated by the

Commission in its written notice, an individual or entity that has been ordered to file an application for a

finding of suitability may continue to own, operate, or otherwise be involved with a registered hosting center

unless and until the Commission finds the person unsuitable.

3. If the Commission finds an individual or entity to be unsuitable under this section:

(a) The registration of such individual or entity is thereupon cancelled; and

(b) All registered hosting centers and gaming licensees shall, upon written notification from the Board,

terminate any existing relationship, direct or indirect, with such person.

4. Failure of a gaming licensee to terminate any association or agreement, direct or indirect, with an

individual or entity found unsuitable under this section upon receiving written notice of the determination of

unsuitability constitutes an unsuitable method of operation.

5. Failure of a registered hosting center to terminate any association or agreement with an individual

or entity found unsuitable under this section upon receiving written notice of the determination of

unsuitability shall constitute grounds for the revocation of the hosting center's registration.

6. The Commission retains jurisdiction to determine the suitability of an individual or entity described

in subsection 1 regardless of whether or not that individual or entity has severed any relationship with a

registered hosting center or gaming licensee.

7. Failure on the part of an individual or entity described in subsection 1 to submit an application for

a finding of suitability within 30 days of being demanded to do so by the Commission shall constitute

grounds for a finding of unsuitability of that person or entity.

(Adopted: 7/11; Amended: 5/24.)

5.235 Hosting center; requirements on licensees utilizing hosting centers; limitations on

operations at hosting centers.

1. Gaming licensees may only operate associated equipment, cashless wagering systems, games,

gaming devices, race book operations, or sports pool operations, in whole or in part, at one or more hosting

centers with an active registration with the Board pursuant to regulation 5.230.

2. A gaming licensee must report in writing to the Board the name of any registered hosting center it

intends to utilize along with a description of what operations will take place at the hosting center. A gaming

licensee must inform the Board in writing should any operations at the hosting center change or if the

gaming licensee ceases operations at the hosting center altogether.

3. The parts of the operation of any associated equipment, cashless wagering systems, games,

gaming devices, race book operations, or sports pool operations that involve the physical acceptance of a

wager from a patron or payout of winnings to a patron cannot occur at the hosting center, but rather must

only occur in such manner and location as allowed under the Gaming Control Act or the regulations adopted

thereunder.

4. Before utilizing a registered hosting center, the gaming licensee must perform due diligence to

ensure that:

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(a) The hosting center will not have access to the software, applications, or data contained or

transacted on any associated equipment, cashless wagering system, game, gaming device, race book

operation, or sports pool operation of the gaming licensee housed at the registered hosting center’s facility;

and

(b) The housing of the associated equipment, cashless wagering system, game, gaming device, race

book operation, or sports pool operation, in whole or in part, of the gaming licensee at the registered hosting

center’s facility and the processing of transactions thereon does not violate the laws of the jurisdiction in

which the registered hosting center is located and operated, including without limit, the laws of the

respective country, territory, or other recognized regional or tribal government thereof.

5. The gaming licensee must document what procedures and efforts it undertook to meet the due

diligence requirement set forth in subsection 4. Such documentation must be provided to the Board upon

request. Such documentation must be retained by the gaming licensee for a period of five years following

the cessation of the gaming licensee’s use of the hosting center for the purposes described in this section.

(Adopted: 7/11; Amended: 4/22.)

5.240 Service Providers.

1. Findings. The Commission hereby finds that service providers are secure and reliable, that service

providers do not pose a threat to the integrity of gaming, and that service providers are consistent with the

public policy of this State as set forth in to NRS 463.0129.

2. Definitions.

(a) “Chair” means the Chair of the Nevada Gaming Control Board or the Chair’s designee.

(b) “Cloud computing services”:

(1) Consist of the following as defined by the National Institute of Standards and Technology in

NIST SP 800-145 and as further explained in NIST SP 500-292:

(I) Software as a Service;

(II) Platform as a Service; or

(III) Infrastructure as a Service.

(2) The services described in subparagraph (1) do not include the performance of any service,

action, transaction, or operation that would otherwise require a gaming license or registration pursuant to

Chapter 463 of NRS or these regulations, other than a registration as a cloud computing service provider.

(1) Means a person who, on behalf of a licensee, provides cloud computing services by acquiring

and maintaining the computing infrastructure and software necessary to provide cloud computing services

for associated equipment, cashless wagering systems, games, gaming devices, race book operations, or

sports pool operations, in whole or in part, and otherwise in accordance with paragraph (4) of section 5.225

and section 5.242 of these regulations.

(2) The services described in subparagraph (1) do not include the performance of any service,

action, transaction, or operation that would otherwise require a gaming license or other registration pursuant

to Chapter 463 of NRS or these regulations.

(d) “Information technology service provider” means a person who, on behalf of a licensee, provides

management, support, security, or disaster recovery services for games, gaming devices, or associated

equipment.

(e) “Service provider” means a person who:

(1) Is a cash access and wagering instrument service provider as defined in NRS 463.01395;

(2) Is an information technology service provider; or

(3) Is a cloud computing service provider.

3. Except as otherwise provided in this subsection, a licensee may only use a service provider that is

registered as such with the Board. A licensee may use a person holding a manufacturer’s license issued

by the Commission pursuant to NRS 463.650 or registered with the Board as a manufacturer of associated

equipment pursuant to section 14.020 of these regulations as a service provider to the extent the licensed

manufacturer or registered manufacturer of associated equipment is supporting or providing cloud

computing services for gaming products manufactured by the licensed manufacturer or registered

manufacturer of associated equipment.

4. A licensee continues to have an obligation to ensure, and remains responsible for, compliance with

this regulation, the Nevada Gaming Control Act and all other regulations of the Commission regardless of

its use of a service provider.

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5. Except as otherwise provided in this subsection, a person may act as a service provider only if that

person is registered with the Board. Once registered, a service provider may act on behalf of one or more

gaming licensees. Any person holding a manufacturer’s license issued by the Commission pursuant to NRS

463.650 or registered with the Board as a manufacturer of associated equipment pursuant to section 14.020

of these regulations may perform the services of a service provider without registering pursuant to this

section only if such services are limited to supporting or providing cloud computing services for gaming

products manufactured by the licensed manufacturer or registered manufacturer of associated equipment.

Any licensed manufacturer or registered manufacturer of associated equipment that functions as a service

provider pursuant to this subsection shall notify the Board of performing such services within 30 days of

commencing such function.

6. Service providers, including any person having significant control over the operations of the service

provider, as determined by the Chair, that may include without limitation, controlling shareholders, officers,

directors, or other principals, must register with the Board and shall be subject to the provisions of this

section and section 4.200 of these regulations.

7. A service provider required to register pursuant to this section shall not provide services as a

service provider until the Chair notifies the service provider in writing that the service provider is registered

with the Board.

8. A service provider must not be registered with the Board unless the Chair is satisfied that the

service provider meets the standards set forth in NRS 463.170.

9. A service provider shall have the burden of showing that its operations are secure and reliable.

10. Access to premises.

(a) The premises of a service provider on which the service provider conducts its operations described

in this section is subject to the power and authority of the Board and Commission pursuant to NRS 463.140,

in accordance with this section and section 5.242 of these regulations.

(b) A service provider may apply to the Board Chair for a waiver or modification of the requirements in

paragraph (a) of this subsection. If satisfied that the requested waiver or modification is consistent with the

public policy set forth in NRS 463.0129, the Board Chair may, in the Chair’s sole and absolute discretion,

grant the requested waiver subject to any conditions, limitations, or alternative requirements as the Chair

may deem necessary or appropriate. Such application shall be considered part of, or an addendum to, the

service provider’s application for registration, and the Board may impose an investigation fee pursuant to

paragraph (d) of subsection 3 of section 4.200 of these regulations to cover any costs associated with

processing the application for waiver or modification.

or agent of the Board or Commission, upon proper and lawful demand:

(1) Access to the premises or equipment as described in paragraphs (a) or as waived or modified

pursuant to paragraph (b);

(2) The ability to inspect any aspect of its operation conducted pursuant to its registration as a

service provider; or

(3) Fail to disclose any aspect of its operation conducted pursuant to its registration as a service

provider to a member or agent of the Board or Commission.

11. To the extent required in Chapter 463 of NRS, a service provider shall be liable to the licensee on

whose behalf the service provider acts for the service provider’s proportionate share of the fees and taxes

paid by the licensee.

12. The Commission may, upon a recommendation from the Board, require any person owning,

operating, or having a significant involvement with a service provider to file an application for a finding of

suitability at any time by providing written notice to the person. A person required to file an application for

a finding of suitability pursuant to this subsection shall apply within 30 days of the person’s receipt of written

notice. Failure to timely submit an application for a finding of suitability shall constitute grounds for a finding

of unsuitability.

13. A person required to file an application for a finding of suitability pursuant subsection 11 does not

have any right to the granting of the application. Any finding of suitability hereunder is a revocable privilege,

and no holder acquires any vested right therein or thereunder. Judicial review is not available for decisions

of the Board and Commission made or entered under this section.

14. If the Commission finds any person owning, operating, or having a significant involvement with a

service provider to be unsuitable under this section, the registered service provider and gaming licensees

shall, upon written notification from the Board, terminate any existing relationship, direct or indirect, with

Regulation 5, Operation of Gaming Establishments Page 39

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such person. Failure to terminate such relationship may be deemed to be an unsuitable method of

operation.

15. No determination of suitability of a person owning, operating, or having a significant involvement

with a service provider shall preclude a later determination by the Commission of unsuitability.

(Adopted: 12/11. Amended: 8/12; 9/12; 4/16; 10/19; 4/22, 7/22; 5/24)

5.242 Cloud computing services.

1. Before a cloud computing service provider may provide any cloud computing services to a licensee:

(a) The cloud computing service provider must be registered with the Board as a cloud computing

service provider or exempt from such registration in accordance with section 5.240 of these regulations;

and

(b) The cloud computing services offered by the cloud computing service provider must be approved

by the Board Chair or the Chair’s designee in writing pursuant to this section.

2. Equipment and software utilized by the cloud computing service provider for any cloud computing

services provided to a licensee must be located:

(a) On the premises of a licensed gaming establishment;

(b) On the premises of a hosting center registered with the Board pursuant to section 5.230 of these

regulations; or

(1) The business premises is controlled by the cloud computing service provider and the cloud

computing service provider is the sole occupant of the space;

(2) The transactions conducted pursuant to the cloud computing services are lawful in the

jurisdiction in which the business premises is located and do not violate the laws of the respective country,

territory, or other recognized regional or tribal government thereof; and

(3) For business premises that house equipment and software utilized by the cloud computing

service provider located outside the State of Nevada, the cloud computing service provider has established

the business premises meet the factors set forth in paragraph (a) of subsection 2 of section 5.2305 of these

regulations to the Board Chair, or the Chair’s designee’s, satisfaction, and the Board Chair, or the Chair’s

designee, has determined that the criteria set forth in paragraph (b) of subsection 2 of section 5.2305 of

these regulations have been met regarding the business premises.

3. A cloud computing service provider may apply to the Board Chair for a waiver or modification of

the requirements of subsection 2.

(a) If satisfied that the requested waiver or modification is consistent with the public policy set forth in

NRS 463.0129, the Board Chair may, in the Chair’s sole and absolute discretion, grant the requested waiver

or modification subject to any conditions, limitations, or alternative requirements as the Chair may deem

necessary or appropriate.

(b) If the waiver allows for the use of one or more hosting centers that are not registered with the Board

pursuant to section 5.230 of these regulations, any such hosting center shall:

(1) Be deemed the business premises of the cloud computing service provider for the purpose of

these regulations; and

(2) With the exception of the requirement to register with the Board, comply with the standards and

requirements set forth in sections 5.231 through 5.235 of these regulations unless specifically waived or

modified by the Board Chair pursuant to this subsection.

provider’s application for registration, and the Board may impose an investigation fee pursuant to paragraph

(d) of subsection 3 of section 4.200 of these regulations to cover any costs associated with processing the

application for waiver or modification.

4. A cloud computing service provider registered with the Board:

(a) Must comply with all applicable standards of the International Organization for Standardization,

including, without limit, ISO/IEC 27001, 27002, and 27017, or the equivalent;

(b) Must be the sole operator and administrator of the equipment utilized in the cloud computing

services provided pursuant to this section, and the equipment used to provide the applicable cloud

computing services must be under the exclusive operation and control of the cloud computing service

provider; and

associated equipment, cashless wagering system, game, gaming device, race book operation, or sports

Regulation 5, Operation of Gaming Establishments Page 40

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pool operation of the gaming licensee for which it is providing its services, except when the service provider

is a licensed manufacturer or registered manufacturer of associated equipment providing cloud computing

services for gaming products manufactured by the licensed manufacturer or registered manufacturer of

associated equipment, as permitted in subsections 3 and 5 of section 5.240 of these regulations, to the

extent such access is necessary to perform those services.

5. An application for an approval required by paragraph (b) of subsection 1 shall be made, processed,

and determined using such forms as the Chair may require or approve and must be accompanied and

supplemented by such documents and information as may be specified or required by the Board. The

application shall include the following:

(a) A description of the scope and nature of the specific services provided to licensees.

(b) A statement on compliance of the cloud computing services provided by the cloud computing

service provider with all applicable standards of the International Organization for Standardization, including

but not limited to ISO/IEC 27001, 27002, and 27017, or the equivalent.

(1) On the premises of a licensed gaming establishment, the name of the licensed gaming

establishment.

(2) On the premises of a hosting center registered with the Board pursuant to section 5.230 of these

regulations, the name of the registered hosting center.

(3) On the business premises of the cloud computing service provider, the location of those

premises and a written statement, signed under penalty of perjury, that the premises comply with the

requirements set forth in paragraph (c) of subsection 2.

(d) A statement subscribed by the applicant that:

(1) The information being provided to the Board is accurate and complete; and

(2) The applicant agrees to cooperate with requests, inquiries, or investigations of the Board and

Commission.

6. The Commission may require a cloud computing service provider, or any person associated with

the cloud computing service provider who is registered with the Board pursuant to subsection 6 of section

5.240 of these regulations, submit an application for finding of suitability, and that a failure to submit such

an application within 30 days of the notice to file such an application may constitute grounds for a finding

of unsuitability by the Commission.

7. Each cloud computing service provider shall inform the Board in writing within 30 days of any

material changes in the information provided in accordance with subsection 4. Failure to comply with the

reporting requirement of this subsection constitutes an unsuitable method of operation.

8. The use of a registered cloud computing service provider by a licensee shall in no way alter the

nature or classification of a transaction, nor shall such use relieve a licensee of any obligation or liability the

licensee has under the Gaming Control Act or the regulations adopted thereunder. Any such transaction

shall be considered as if the licensee conducted it without the use of a cloud computing service provider.

9. Except as otherwise provided in subsection 3, the Board Chair, or the Chair’s designee, in his or

her sole and absolute discretion may, upon receipt of an application for waiver or modification, waive or

modify any requirement of this section, including, without limitation, the disclosure to the Board of certain

information that would hinder operations or pose a hardship due to contractual obligations, if the Board

Chair, or the Chair’s designee, is satisfied that the requested waiver or modification is consistent with the

public policy set forth in NRS 463.0129. Such waiver or modification shall be subject to any condition,

limitation, or alternative requirement the Chair, or the Chair’s designee, may deem necessary or

appropriate. Such application shall be considered part of, or an addendum to, the cloud computing service

provider’s application for registration, and the Board may impose an investigation fee pursuant to paragraph

(d) of subsection 3 of section 4.200 of these regulations to cover any costs associated with processing the

application for waiver or modification.

10. Any person whose request for approval of a cloud computing service under this section is not

approved by the Board Chair or the Chair’s designee may appeal the decision using the administrative

appeal process found under sections 4.185 through 4.195 of these regulations, inclusive.

11. A state gaming licensee shall report in writing to the Board the use of any approved cloud

computing service at least 30 days prior to the commencement of such services. The report required by

this subsection must include the name of the registered cloud computing service provider, a description of

the operations of the state gaming licensee that will use such services, and an attestation that the

transactions that will be processed using the cloud computing service provider will comply with the law in

Regulation 5, Operation of Gaming Establishments Page 41

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the jurisdiction(s) in which such services are provided. Any change to or termination of the use of the cloud

computing services reported pursuant to this subsection must be reported by the gaming licensee to the

Board within 30 days of such change or termination of service.

(Adopted: 4/22; Amended: 5/24.)

5.250 Licensed gaming establishment or other gaming business required to maintain written

policies and procedures prohibiting workplace discrimination or harassment.

1. Each licensed gaming establishment or other gaming business that employs 15 or more employees

shall adopt and implement written policies and procedures prohibiting workplace discrimination or

harassment of a person based on the person’s race, color, religion, sex, sexual orientation, gender identity

or expression, age, disability, or national origin, including, without limitation, sexual harassment. Such

written policies and procedures must include, without limitation:

(a) The procedures and methods available to a person seeking to report an instance of workplace

discrimination or harassment; and

(b) The procedures the licensed gaming establishment or other gaming business will follow when

investigating a report of workplace discrimination or harassment.

2. The written policies and procedures required by this section shall address and apply to workplace

discrimination or harassment, including, without limitation, sexual harassment, committed by:

(a) A person within the organization, including, without limitation, an owner, manager, employee, or

independent contractor; or

(b) A person outside the organization, including, without limitation, a customer, client, vendor,

contractor, consultant, or other person that does business with the organization.

 For purposes of this subsection, the term “organization” means a licensed gaming establishment or other

gaming business.

3. The Board Chair, the Chair’s designee, or a Board Member may, at any time, inspect the written

policies and procedures required pursuant to this section, and all records related thereto of a licensed

gaming establishment or other gaming business.

4. The Board Chair, or the Chair’s designee, may require a licensed gaming establishment or other

gaming business to submit the written policies and procedures adopted and implemented pursuant to

subsection 1 for the Chair’s, or the Chair’s designee’s, review. If the Chair, or the Chair’s designee, makes

an administrative determination that the licensed gaming establishment’s or other gaming business’s

written policies and procedures do not adequately address the requirements set forth in subsection 1, the

Chair, or the Chair’s designee, may issue a determination identifying the deficiency and specifying a time

certain within which the deficiency must be cured. Any licensed gaming establishment or other gaming

business affected by such an administrative determination may appeal the determination as provided in

sections 4.190 and 4.195 of these Regulations.

5. As used in this section, “other gaming business” means a business entity or sole proprietor

licensed, registered, or found suitable under chapter 463 of NRS that is not a licensed gaming

establishment as defined in NRS 463.0169.

(Adopted: 11/19.)

5.260 Cybersecurity.

1. In accordance with the public policy of the State set forth in NRS 463.0129 and the requirements

set forth in chapter 603A of NRS, it is critical that gaming operators take all appropriate steps to secure and

protect their information systems from the ongoing threat of cyber attacks. Gaming operators must not only

secure and protect their own records and operations, but also the personal information of their patrons and

employees as defined in NRS 603A.040.

2. Definitions. As used in this section:

(a) “Cyber attack” means any act or attempt to gain unauthorized access to an information system

for purpose of disrupting, disabling, destroying, or controlling the system or destroying or gaining access to

the information contained therein.

(b) “Cybersecurity” means the process of protecting an information system by preventing, detecting,

and responding to cyber attacks.

of the following qualify as a covered entity:

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(1) Holder of a nonrestricted license as defined in NRS 463.0177 who deals, operates, carries

on, conducts, maintains, or exposes for play any game defined in NRS 463.0152;

(2) Holder of a gaming license that allows for the operation of a race book;

(3) Holder of a gaming license that allows for the operation of a sports pool; and

(4) Holder of a gaming license that permits the operation of interactive gaming.

(d) “Information system” means a set of resources organized for the collection, processing,

maintenance, use, sharing, dissemination, or disposition of information. Elements of an information system

include, without limit, hardware, software, information, data, applications, communications, and people.

(e) “Risk assessment” means the process of identifying, estimating, and prioritizing risks to

organizational operations and assets resulting from the operation of an information system. Guidance for

conducting a risk assessment can be found in the Framework for Improving Critical Infrastructure

Cybersecurity, version 1.1 or later, published by NIST.

3. Except as otherwise provided herein, a covered entity shall perform an initial risk assessment of

its business operation and develop the cybersecurity best practices it deems appropriate. After performing

the initial risk assessment, the covered entity shall continue to monitor and evaluate cybersecurity risks to

its business operation on an ongoing basis and shall modify its cybersecurity best practices and risk

assessments as it deems appropriate. The risk assessment and ongoing monitoring and evaluation

required pursuant to this subsection may be performed by an affiliate of the covered entity or a third-party

with expertise in the field of cybersecurity. Examples of cybersecurity best practices include, without limit,

CIS Version 8, COBIT 5, ISO/IEC 27001, and NIST SP 800-53, or later versions thereof. Covered entities

shall have until December 31, 2023, to fully comply with this subsection.

4. A covered entity that experiences a cyber attack to its information system resulting in a material

loss of control, compromise, unauthorized disclosure of data or information, or any other similar occurrence

shall:

(a) Provide written notification of the cyber attack to the Board as soon as practicable but no later

than 72 hours after becoming aware of the cyber attack. Upon request, the covered entity shall provide the

Board with specific information regarding the cyber attack;

(b) Perform, or have a third-party perform, an investigation into the cyber attack, prepare a report

documenting the results of the investigation, notify the Board of the completion of the report, and make the

report available to the Board for review upon request. The report must include, without limit, the root cause

of the cyber attack, the extent of the cyber attack, and any actions taken or planned to be taken to prevent

similar events that allowed the cyber attack to occur; and

covered entity is completed and make the results of such investigation or similar action available to the

Board upon request.

5. A covered entity that has been classified as a Group I licensee as defined in subsection 8 of

regulation 6.010 shall:

(a) Designate a qualified individual to be responsible for developing, implementing, overseeing, and

enforcing the covered entity’s cybersecurity best practices and procedures developed pursuant to

subsection 3.

(b) At least annually, have its internal auditor or other independent entity with expertise in the field

of cybersecurity perform and document observations, examinations, and inquiries of employees to verify

the covered entity is following the cybersecurity best practices and procedures developed pursuant to

subsection 3. A covered entity shall retain all documents prepared by the internal auditor pursuant to this

paragraph in accordance with the requirements set forth in subsection 6. The same independent entity

utilized under this paragraph may be utilized to perform the procedures set forth in paragraph (c) provided

the procedures in this paragraph are performed by different employees.

in the field of cybersecurity to perform an independent review of the covered entity’s best practices and

procedures developed pursuant to subsection 3 and attest in writing that those practices and procedures

comply with the requirements of this section. The covered entity shall retain the written attestation, and any

related documents provided therewith, in accordance with the requirements set forth in subsection 6. The

same independent entity utilized under this paragraph may be utilized to perform the procedures set forth

in paragraph (b) provided the procedures in this paragraph are performed by different employees.

6. A covered entity shall document in writing all procedures taken to comply with this section and

the results thereof. The covered entity shall retain all records required in this section for a minimum of five

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years from the date they are created unless the Chair approves otherwise in writing. The covered entity

shall provide any record required in this section to the Board upon request.

7. Failure to exercise proper due diligence in compliance with this section shall constitute an

unsuitable method of operation and may result in disciplinary action.

(Adopted: 12/22.)

CLUB VENUES

5.300 Applicability.

1. Sections 5.300 through 5.380 shall only apply to club venues which:

(a) Serve alcohol from at least one bar which is not portable;

(b) Have at least one designated area where patrons are permitted to dance; and

2. The Chair may, in the Chair’s sole and absolute discretion, designate additional club venues to

which sections 5.300 through 5.380 shall apply.

3. The Chair may, in the Chair’s sole and absolute discretion, limit the application of sections 5.300

through 5.380 with regard to:

(a) Club venues operating primarily as showrooms, theaters, concert venues, or interactive

entertainment centers;

(b) Club venues hosting short-term events conducted by a licensee or club venue operator in

conjunction with a convention, corporate, or charitable event; or

4. Sections 5.300 through 5.380 shall not apply to venues which hold an event or events which would

cause the venue to qualify as a club venue only during the event or events if the cumulative time period of

such event or events does not exceed 4 days per year. If a venue holds an event or events which would

cause the venue to qualify as a club venue only during the event or events and the cumulative time period

of such event or events exceeds 4 days per year, the venue shall comply with sections 5.300 through 5.380

only while holding such event or events.

(a) For the purposes of this subsection, “day” means one period of 24 consecutive hours commencing

at a time and date chosen by a licensee or club venue operator.

(b) For the purposes of this subsection, “year” means July 1st through June 30th.

(Adopted: 11/15. Amended: 3/18.)

5.305 Definitions. As used for sections 5.300 through 5.380:

1. “Chair” means the Chair of the Board or the Chair’s designee.

2. “Consideration” specifically includes but is not limited to:

(a) A waived entrance/admission fee, line pass, drink voucher, or any type of monetary compensation

and

(b) A trade or credit that is only valid at the club venue where earned whether or not the trade or credit

is transferable.

3. “Hosting or VIP services” means:

(a) Arranging access to a club venue or

(b) Reserving tables at a club venue

 If the person providing such services has any in-person contact with the patrons of a club venue at the

club venue or at the premises on which the club venue is located.

4. “Independent host”

(a) Means a person who is not directly employed by a licensee or club venue operator and who

provides hosting or VIP services for a club venue for any form of consideration.

(b) Does not mean:

(1) Hotel concierges,

(2) Licensed ticket brokers, and employees of licensed ticket brokers, and

(3) Persons who would otherwise be considered an independent host under this subsection who

the Chair finds do not require regulation as independent hosts.

(Adopted: 11/15. Amended: 3/18.)

5.310 Employees designated to monitor club venues.

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1. A licensee shall designate at least one of its employees to monitor club venues at its establishment.

Such employees shall be specifically designated as “club venue monitors.”

2. If an employee designated as “club venue monitor” ceases to be employed in that capacity and no

other employee is designated as a “club venue monitor” for a licensee, the licensee shall designate a new

“club venue monitor” within 10 days.

3. Upon request by the Board Chair, or the Chair’s designee, a licensee shall provide to the Board

the identity of any employee designated as a “club venue monitor.”

(Adopted: 11/15. Amended: 3/18; 9/23.)

5.320 Registration of club venue employees.

1. When not in conflict with this section, the gaming employee provisions of NRS 463.335 through

463.337, inclusive, and Regulations 5.100 through 5.109, inclusive, shall apply to persons required to

2. The following individuals who are employed by a club venue or who perform services for or at a

club venue pursuant to contract are club venue employees:

(a) Any individual who provides hosting or VIP services;

(b) Bartenders and bar backs;

(d) Security and surveillance personnel;

(e) Servers, server assistants, and bussers; and

(f) Supervisors and managers who supervise any individuals required to register pursuant to this

section.

 These individuals shall register in the same manner as gaming employees and shall be considered

gaming employees because such registration is necessary to promote the public policy set forth in Nevada

Revised Statute 463.0129.

3. Independent hosts required to register pursuant to section 5.345 are not required to register in the

same manner as gaming employees. Employees or contractors of an independent host which have in-

person contact with club venue patrons shall register in the same manner as gaming employees and shall

be considered gaming employees because such registration is necessary to promote the public policy set

forth in Nevada Revised Statute 463.0129. A licensee or club venue operator shall not allow the employees

and contractors of an independent host to represent the independent host in its club venue unless such

employees or contractors are registered pursuant to this section.

4. Employees of a club venue operator or independent host who have access to the Board’s system

of records for the purpose of processing the registrations required by this section shall register in the same

manner as gaming employees and shall be considered gaming employees because such registration is

necessary to promote the public policy set forth in Nevada Revised Statute 463.0129.

5. The licensee which operates a club venue, club venue operator, or independent host shall be

responsible for compliance with the registered gaming employee requirements for persons employed or

contracted to work at the club venue.

(Adopted: 11/15. Amended: 3/18.)

5.330 Security and surveillance.

1. A licensee or club venue operator, as applicable, shall regularly assess entertainment and events

occurring within the club venue or which may impact attendance at the club venue to determine and engage

appropriate security personnel.

2. To the extent applicable, the procedures, rights, remedies, and requirements set out in section

5.160 and applicable surveillance standards shall apply to the club venue surveillance systems.

(Adopted: 11/15.)

5.335 Medical staffing requirements.

1. As used in this section, the terms “emergency medical technician” and “advanced emergency

medical technician” shall have the meanings ascribed by NRS chapter 450B.

2. A club venue operator or licensee which anticipates attendance of between 1,000 and 2,000

patrons within a club venue and waiting for entrance into the club venue shall have or contract to have at

least one emergency medical technician onsite during club venue operation to perform initial emergency or

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non-emergency assessment and care and to make proper transport decisions. An emergency medical

technician may concurrently perform security functions for the club venue.

3. A club venue operator or licensee which anticipates a total of 2,000 or more patrons to be present

within the club venue and awaiting entrance into the club venue shall have or contract to have at least one

advanced emergency medical technician ambulance on site during club venue operation to perform initial

emergency or non-emergency assessment and care and to make proper transport decisions.

4. Security personnel employed or contracted to work at a club venue shall receive annual awareness

training on how to best interact with and assist onsite or responding emergency medical service providers.

Such training shall be reviewed and approved by an instructor who has a current endorsement as an

instructor in emergency medical services from the State of Nevada, Department of Health and Human

Services, Division of Public and Behavioral Health or from the Southern Nevada Health District. It will be

the responsibility of the licensee and club venue operators to document the completion of said training for

each employee on an annual basis.

(Adopted: 11/15. Amended: 3/18.)

5.340 Independent host written agreements. A licensee or club venue operator shall have a written

agreement with an independent host for the club venues owned or operated by the licensee or club venue

operator at which the independent host provides hosting or VIP services.

(Adopted: 11/15. Amended: 3/18.)

5.345 Registration and Determination of Suitability of Independent Hosts.

1. Independent hosts, must register with the Board and shall be subject to the provisions of this section

and Regulation 4.200.

2. An independent host shall not provide hosting or VIP services until the Chair notifies the

independent host in writing that the Board has registered the independent host. A licensee or club venue

operator shall not allow an independent host to provide hosting or VIP services in its club venue unless the

independent host is registered with the Board. An independent host, once registered, may act on behalf of

one or more licensees or club venue operators.

3. The Commission may require a person registered pursuant to this section to file an application for

a finding of suitability at any time by sending notice to the person through the United States Postal Service

to the person’s address on file with the Board. A person called forward pursuant to this subsection shall

apply for a finding of suitability as required by the Commission within 30 days of the person’s receipt of

notice. The notice shall be deemed to have been received by the person 5 days after such notice is

deposited with the United States Postal Service with the postage thereon prepaid.

4. If a person registered pursuant to this section does not file an application for a finding of suitability

within 30 days following receipt of notice that the Commission is requiring a person registered pursuant to

this section to file an application for a finding of suitability, the Board shall notify all licensees which operate

a club venue and club venue operators. A licensee or club venue operator shall not allow an independent

host which has failed to file an application for finding of suitability pursuant to this section to provide services

in a club venue. A licensee or club venue operator allowing such independent host to provide services in a

club venue shall constitute grounds for disciplinary action.

5. If the Commission finds a registered independent host to be unsuitable, the registration of such

registered independent host is thereupon cancelled. A licensee, club venue operator, or independent host

shall, upon written notification of a finding of unsuitability, immediately terminate all relationship, direct or

indirect, with such independent host. Failure to terminate such relationship may be deemed to be an

unsuitable method of operation. No determination of suitability of an independent host shall preclude a later

determination by the Commission of unsuitability.

6. Upon the Commission requiring a person who is required to be registered by this section to apply

for a finding of suitability, the person does not have any right to the granting of the application. Any finding

of suitability hereunder is a revocable privilege, and no holder acquires any vested right therein or

thereunder. Judicial review is not available for decisions of the Board and Commission made or entered

under the provisions of this section.

(Adopted: 11/15. Amended: 3/18; 9/20, 7/22)

5.350 Reserved.

(Adopted: 11/15.)

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5.360 Required policies and procedures.

1. Each Licensee with at least one club venue on its premises shall have written policies and

procedures for club venues that seek to foster the public health, safety, morals, good order, and general

welfare of the patrons.

2. In order to determine whether a licensee has established appropriate policies and procedures to

monitor, control and regulate club venues, the Board and Commission may consider some or all of the

following factors:

(a) What procedures are in place to demonstrate compliance with these regulations;

(b) The extent of background investigations conducted by the licensee or club venue operator prior to

hiring club venue security, employees, independent host, vendors and entertainers;

independent host with a written policy detailing the standard of conduct for club venue operations, and the

extent to which the licensee or club venue operator informs the club venue employees, and independent

host of the club venue policy and receives their agreement to follow it;

(d) The extent to which the licensee or club venue operator conducts regular meetings with club venue

employees, independent host, on-site and relevant vendors, and entertainment talent and their staff to

discuss club venue policies and daily operating, security and safety concerns;

(e) The extent of the training and work experience of security management and staff responsible for

enforcing the licensee’s or club venue operator’s club venue policy;

(f) The extent to which a program is in place to conduct undercover “shop” operations at the club

venue to determine if employees are engaging in, or otherwise permitting, illegal or inappropriate behavior,

the type of background or training the individuals involved in the undercover “shop” program have, and

records detailing the results of the undercover “shop” program;

(g) The extent to which the licensee’s or club venue operator’s management is actively involved in the

oversight of club venue policies and procedures including management’s participation in initial and

continued training of club venue security and employees and management’s active participation in

monitoring club venue activities;

(h) The extent to which the licensee’s or club venue operator’s management interacts with law

enforcement agencies and other licensees to develop and implement best practices regarding club venue

operations and the extent to which management solicits the assistance of, and training by, law enforcement

agencies or reputable private industry firms to reduce incidents of illegal or inappropriate behavior by

employees, independent host, and patrons;

(i) The extent to which the licensee or club venue operator engages in pro-active and cooperative

support of law enforcement agencies in their efforts to help regulate, monitor and protect the licensee, the

club venue operator, if applicable, and the club venue operations;

(j) The extent to which the licensee conducts meetings with the club venue operator, as necessary, to

discuss issues related to club venue operations;

(k) The extent to which club venue management, employees and security staff are trained to detect

the use of false or misused identification. Such training should include similar detection techniques for

foreign identifications and passports and other forms of identification not readily encountered in the U.S.;

(l) The extent to which club venue management, employees and security staff receive training with

regard to ensuring the safety of all employees and guests. Such training topics should include, but not be

limited to, sexual assault, controlled substance use, gangs, and active shooter;

(m) The extent to which the club venue will deter excessive consumption of alcohol by patrons, will

require employees to notify club venue management of individuals showing significant signs of impairment

due to alcohol or any other drug, and will regularly assess the need for medical response services, so that

patrons exhibiting signs of excessive inebriation or drug impairment can be treated or transported to a

medical facility, as determined by trained emergency medical personnel;

(n) The extent to which club venues maintain procedures for confiscation and disposal of suspected

illegal controlled substances or other suspected illegal contraband;

(o) The criteria for trespassing patrons or referring patrons to law enforcement because of suspected

illegal conduct;

(p) The extent to which club venues maintain procedures for termination of employees and exclusion

of independent hosts who are involved in illegal or inappropriate conduct and the extent to which the

licensee or club venue operator maintains records detailing terminations and exclusions;

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(q) How the licensee or club venue operator will control its restrooms. Such policy shall address, but

not be limited to, security and restroom attendants;

(r) The extent to which the licensee or club venue operator maintains records showing the number of

individuals trespassed from club venues or referred to law enforcement because of illegal or inappropriate

behavior;

(s) The extent to which drug testing of club venue employees occurs; and

(t) The extent to which any other policies or procedures implemented by the licensee or club venue

operator exhibit commitment to promoting the public health, safety, morals, good order and general welfare

of patrons and employees at club venues.

3. Each Licensee with at least one club venue on its premises shall submit such policies and

procedures to the Chair for approval at least annually and shall submit material changes to such policies

and procedures within 60 days of such changes. If the Chair does not disapprove the submitted policies

and procedures within 60 working days of receipt of them, the policies and procedures will be deemed

approved. From time to time, the Board or Commission may publish topics believed to impact the public

health, safety, morals, good order and general welfare of patrons and employees of club venues and

request that the club venue policies and procedures be updated to address such topics.

4. Whether licensees and club venue operators are operating in accordance with the policies and

procedures approved by the Chair shall be considered by the Board in deciding whether or not to file any

disciplinary action related to a club venue and by the Commission in determining whether discipline is

appropriate.

(Adopted: 11/15. Amended: 3/18.)

5.370 Access to club venue and production of records.

1. Upon request, a licensee or club venue operator shall produce to the Board all records regarding

the operation of a club venue that the Board deems relevant to a Board investigation or inquiry.

2. Upon display of a badge issued by the Board and an identification card signed by a Board member,

a licensee or club venue operator shall ensure all Board members and agents have immediate access to

all areas of a club venue owned or operated by the licensee or club venue operator. In addition to areas

accessible by the club venue’s patrons, this shall include areas not accessible to the club venue’s patrons

including but not limited to offices, kitchens, storage rooms, record rooms, computer rooms, and

surveillance rooms. Similar access shall be granted to any Commission member who displays an

identification card signed by the governor.

3. A licensee with one or more club venues at its establishment, shall establish a revolving account

with the Board in an amount determined by the Chair which shall not exceed $20,000 which shall be used

to pay the expenses of the Board and Commission conducting undercover observations and operations at

club venues. In lieu of each licensee establishing such revolving account, a single revolving account may

be established with the Board by affiliated licensees in an amount determined by the Chair which shall not

exceed $50,000. With a request from the Board that additional funds be transferred into a revolving account

established pursuant to this subsection, the Board shall provide the total amount of expenditures from the

account for each club venue covered by the account.

4. A licensee with a club venue at its establishment operated by a club venue operator shall be

responsible for the club venue operator’s compliance with this section.

5. All records, reports and information provided to the Board or Commission pursuant to this section,

and any communications related thereto with the Board or the Commission or any of their agents or

employees, will be subject in all cases to NRS 463.120 and 463.3407.

[Effective 7/1/18.]

6. A licensee with a club venue at its establishment operated by a club venue operator shall be

responsible for the club venue operator’s compliance with this section.

7. All records, reports and information provided to the Board or Commission pursuant to this section,

and any communications related thereto with the Board or the Commission or any of their agents or

employees, will be subject in all cases to NRS 463.120 and 463.3407.

(Adopted: 11/15. Amended: 3/18.)

5.380 Unsuitable methods of operation.

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1. It may be deemed an unsuitable method of operation where a licensee fails to take immediate

appropriate action if it knew or should have known an employee of the licensee, an employee of a club

venue operator, or an independent host was engaging in or facilitating illegal activity at the licensee’s

establishment.

2. The requirements herein set a minimum threshold if a licensee allows a club venue at its

establishment.

3. It may be deemed an unsuitable method of operation where the licensee meets the requirements

concerning club venues in this regulation but fails to cause club venues to operate in a manner suitable to

protect the public health, safety, morals, good order, and general welfare of the inhabitants of the State of

Nevada or to prevent club venues from allowing incidents which might reflect on the repute of the State of

Nevada and act as a detriment to the development of the industry. Compliance with the requirements

concerning club venues in this regulation may be considered by the Board in deciding whether or not to

pursue discipline related to a club venue.

4. The primary responsibility to protect the reputation of gaming in Nevada, to foster the development

of the gaming industry, and to protect the reputation of the State of Nevada is on the licensee which allows

a club venue on its premises. Primary responsibility for protecting the health, safety, morals, good order,

and general welfare of the patrons and employees of a club venue is on the licensee which allows a club

venue on its premises.

(Adopted: 11/15. Amended: 3/18.)

End – Regulation 5