Application for Gaming License - Page 1 of 2
Chapter 5.52 - GAMING LICENSES
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Sections:
5.52.010 - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
"Gaming" or "gambling" shall have the meaning ascribed to them under NRS 463.0153 as it may from time to time be amended.
"Nonrestricted gaming license" shall have the meaning of nonrestricted license or nonrestricted operation as set forth in NRS 463.0177 as it
may from time to time be amended.
"Premises" shall mean either one parcel of real property or contiguous parcels of real property owned by the same person(s) or entity(ies).
"Restricted gaming license" shall have the meaning of restricted license or restricted operation as set forth in NRS 463.0189 as it may from
time to time be amended.
(Ord. No. 749, 2-3-2015)
5.52.020 - Additional requirements for holders of restricted or nonrestricted gaming licenses.
In addition to the requirements set forth in this chapter, a person or entity who intends to operate a gambling establishment within the City of
Fallon under the privilege of a restricted or nonrestricted gaming license issued by the State of Nevada must obtain a City of Fallon restricted or
nonrestricted gaming license.
In order to apply for a City of Fallon restricted or nonrestricted gaming license, a business license applicant must indicate their intention to
operate a gambling establishment within the City of Fallon under the privilege of a restricted or nonrestricted gaming license issued by the State of
Nevada upon the application for a City of Fallon business license under Section 5.04.030 of this title. An applicant must meet the requirements set
forth in this chapter.
(Ord. No. 749, 2-3-2015)
5.52.030 - Application for restricted or nonrestricted gaming license reviewed by city council.
Upon application by a holder of a restricted or nonrestricted gaming license as set forth above, review of the application shall be placed upon
the first available properly noticed agenda for a regularly scheduled city council meeting. The city council shall discuss the application and allow
public comments on the application. The city council, by majority vote, may deny the application based upon a failure of the applicant to meet the
requirements of this chapter or upon a finding by the majority of the city council that the approval of the application would be in violation of the laws
and/or ordinances of the State of Nevada, Churchill County, City of Fallon or other regulatory authority.
Applicants seeking a) an exemption under Section 5.52.040 subsection C. and subsection D., b) relief from the application of Section
5.52.050, or c) transfer of a restricted or unrestricted gaming license pursuant to Section 5.52.060 shall apply to the city council for review of such
matters using the appropriate form available at the city clerk's office.
All such matters shall be decided by the city council in the same manners as provided above.
(Ord. No. 749, 2-3-2015)
5.52.040 - Requirements for issuance of nonrestricted gaming license.
A. No City of Fallon nonrestricted gaming license shall be granted to or maintained by the holder of a nonrestricted gaming license issued by the
State of Nevada unless such licensee maintains, on the same premises which licensee holds a nonrestricted gaming license, no fewer than sixty
guestrooms which comply with the requirements of NRS Chapter 447 as it may from time to time be amended, and which rooms shall be held out
to the public as and for transient nightly occupancy and licensee shall maintain one off-street parking space for each guestroom maintained as
required herein, plus an additional number of parking spaces equal to twenty percent of the number of guestrooms available. If, in computing the
twenty percent required, a fraction of a parking space results which fraction exceeds fifty percent of a parking space, an additional parking space
shall be required. The parking requirements set forth herein this section shall supersede and replace the parking requirements set forth
in Section 21.52.030 of the City of Fallon Municipal Code.
B. In addition to the parking requirements of subsection A. of this section, no City of Fallon nonrestricted gaming license shall be granted to or
maintained by the holder of a nonrestricted gaming license issued by the State of Nevada unless such licensee maintains, on the same premises
which licensee holds a nonrestricted gaming license, no fewer than one off-street parking space for every one hundred fifty square feet of gaming
and restaurant floor space.
C. Except as otherwise provided in this section, the provisions of subsection A. and subsection B. do not apply to any entity which holds a valid
nonrestricted gaming license on the date the ordinance codified in this section becomes effective.
D. The provisions of subsection A. and subsection B. do not apply to any entity having an application for a nonrestricted gaming license pending
with the State of Nevada on April 17, 2012, providing that it is issued within one year from the date of the application.
(Ord. No. 749, 2-3-2015)
5.52.050 - Effect of discontinuation of nonrestricted gaming for twenty-four months.
If gaming operations at any location for nonrestricted gaming under the provisions of this Code are discontinued for twenty-four consecutive
months, the exemptions set forth in Section 5.52.040 subsection B. and subsection C. do not apply unless the licensee demonstrates that the
discontinuance is due to the demolition and reconstruction, remodeling or expansion of the structure in which the licensed gaming activity took
place. The licensee must have obtained a building permit from the City of Fallon for any such work and in any event has the burden of
demonstrating that the discontinuance is for the purposes set forth herein. Any such demolition and reconstruction, remodeling or expansion must
be diligently pursued and completed in a reasonably timely manner.
(Ord. No. 749, 2-3-2015)
5.52.060 - Restricted and nonrestricted gaming licenses nontransferable.
A. A City of Fallon restricted or unrestricted gaming license issued to any person to conduct or operate a gambling game or gambling device
under the provisions of this chapter on any premises located in the City of Fallon may not be used to operate a gambling game or gambling
device on any other premises.
B. No restricted or unrestricted gaming license granted under the provisions of this chapter may be transferred by the licensee to any other
person except upon application made to the Chief of Police of the City of Fallon, and which application must be approved by a majority vote of
the city council, who shall have the power and authority to grant the transfer or deny the request and require that a new and original application
be made by the proposed transferee.
C. If the licensee shall cease to operate the licensed business, or if said restricted or nonrestricted gaming license shall be revoked, there shall
be no refund on said license, or if a receiver or assignee for the benefit of creditors shall be appointed for said business, or guardian of the
property or an individual holding a restricted or nonrestricted gaming license shall be appointed during the time for which such license was
granted, or if a person holding a restricted or nonrestricted gaming license shall die during the term for which such license was given, such
receiver or assignee or guardian of such a license, or the administrator or executor of the estate of such a deceased licensee, may continue to
carry on the licensed business on the premises designated therein for the balance of the term for which said license was effective with the same
rights and subject to the same restrictions and liabilities as if he or she had been the original holder of such license, providing the authority of the
city council be first obtained. Before continuing such business, such receiver or assignee or guardian or administrator or executor shall file a
statement with the city council, setting forth the facts and circumstances by which he or she has succeeded to the rights of the original licensee.
