As used in the gaming provisions contained in this chapter, the words and terms defined in this section have the meanings ascribed to them unless a different meaning clearly appears in the context. Any word or term not defined in this section which appears in this chapter shall have the definition ascribed by the Nevada gaming control act and statutes ancillary thereto, and as defined by the regulations of the Nevada gaming commission, unless a different meaning clearly appears in the context.
APPLICANT: Any person who has applied for or is about to apply for a city gaming license or finding of suitability.
APPLICATION: A written request containing complete and accurate information required by the applicable ordinance for the issuance of a city gaming license, finding of suitability, or for approval for any act or transaction for which city council approval is required or permitted by the city gaming ordinances.
CITY: The incorporated city of Mesquite, Nevada.
CONDITION: The action of the city council resulting from a disciplinary hearing whereby terms are imposed upon the licensee with which it must comply in order to avoid a license revocation or suspension.
CONTROL: The direct or indirect possession of the power to direct or cause the direction of the management or policies of an entity whether through the ownership of voting securities, by contract or otherwise.
CONVICTED: A finding of guilt as an adult offender by a jury or trial court, whether said finding is appealed or not. A person so convicted shall be deemed convicted until such finding is overturned by a court of competent jurisdiction or by pardon.
DISCIPLINARY ACTION: Action taken by the city council to suspend, restrict, limit, condition, revoke or impose other sanctions upon a gaming license or licensee.
ESTABLISHMENT: Only that portion of any building or premises wherein or whereon any gaming is conducted or where slot machines are located for play.
FINDING OF SUITABILITY: After investigation, a person is found to comply with the requirements of this chapter which are prerequisite to involvement with a gaming license. This chapter authorizes the city council to require that certain persons who are directly or indirectly involved with gaming licensees be found suitable for such involvement so long as that relationship continues. A finding of suitability relates only to the specific involvement for which it is made. If the nature of the involvement changes from that for which the applicant has been found suitable, or if, in the judgment of the city council, new information concerning the applicant's suitability has become available, he may be required to submit himself to a new determination of suitability to the city council.
GAME OR GAMBLING GAME: Any wager, pari-mutuel pool or any banking or percentage game played with cards, dice or any mechanical or electrical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan tan, panguingui, solo, whist, baccarat, big six, chuck a luck, pai gow, wheel of fortune, chemin de fer, dai shu, twenty one, seven and a half, big injun, klondike, craps, poker or slot machine.
GAMING CREDIT INSTRUMENT: A marker, IOU, check, hold check or other similar instrument evidencing the granting of gaming credit by a licensee to a patron.
GAMING LICENSE: Any license issued by the city pursuant to this chapter which authorizes the person named therein to engage in gaming.
GAMING OR GAMBLING: To deal, operate, carry on, conduct, maintain or expose for play any game.
LICENSEE: Any person to whom a valid gaming license has been issued.
LIVE GAME: All games or gambling games conducted by a dealer, save and except for mechanical, electronic or electrical gaming devices and slot machines.
MINOR: For the purpose of this chapter, a natural person under the age of twenty one (21) years.
OPERATION: The conduct of gaming.
OPERATOR: Any person who operates, leases, rents, places or installs for a fixed amount or percentage, or for any consideration whatsoever or however determined, any slot machine, but does not, however, include any person owning or leasing by "capital lease", as defined in Nevada Revised Statutes section 463.01045, any slot machine which is installed in a place of business or operated by such person.
PERSON: Includes any association, corporation, firm, partnership, trust or other form of business association, as well as a natural person.
PREMISES: The tract of land on which a gaming establishment is located and all buildings, restaurants, hotel or motel structures, recreational facilities, shops, arcades, support and maintenance rooms and parking lots which are connected and operated in such an integral manner as to form a part of the same operation or complex as the gaming establishment, whether under separate leases or not.
QUARTER OR CALENDAR QUARTER: A period of three (3) consecutive months commencing on the first days of January, April, July or October, in any year.
RESORT HOTEL AND CASINO: A building or complex of buildings or other structures kept, used, maintained, advertised or held out to the public to be a hotel or motel wherein food is served, in which four hundred (400) or more rooms are used for sleeping accommodations, and which has a minimum of the following amenities, all of which are directly connected and operated in such a manner as to form a part of the same operation or complex:
A. One main bar with at least thirty (30) seats wherein alcoholic liquors are dispensed by the drink to customers at such bar; and
B. One service bar wherein alcoholic liquors are prepared for service only at tables and not direct to customers at such bar; and
C. One facility with at least twenty five (25) seats wherein live entertainment is provided by at least one professional entertainer (musician or variety artist) for at least six (6) hours per day, six (6) days per week; and
D. Three (3) separate restaurants: 1) a coffee shop open for service to the public twenty four (24) hours per day, seven (7) days per week, which is used, kept, maintained, advertised or held out to the public to be a place where meals are served and which has a seating capacity of more than sixty (60) persons at one time at tables; 2) a buffet; and 3) a fine dining/gourmet room; and
E. A recreational facility comprised of a minimum of thirty percent (30%) of the resort parcel, which includes at least three (3) of the following:
1. Four (4) regulation tennis courts with locker rooms and attendant facilities; or
2. One regular swimming pool with dimensions of not less than twenty feet (20') in width, thirty five feet (35') in length, and six feet (6') in depth; or
3. One regular golf course consisting of at least eighteen (18) holes comprising at least one hundred (100) acres; or
4. One gymnasium with dimensions of at least forty feet (40') in width, sixty feet (60') in length, and twenty feet (20') in height, and equipped with exercise equipment;
5. A bowling alley with at least twenty four (24) lanes; or
6. A movie theater with at least four (4) screens; or
7. A water park on a minimum of five (5) acres; or
8. Park areas with elements such as picnic areas, playgrounds, and jogging paths; or
9. Skating rinks at least fifteen thousand (15,000) square feet; or
10. Spas; or
11. A minimum of five (5) retail shops; or
12. Recreational vehicle parks; or
13. In addition to the above listed amenities, an applicant may suggest another amenity not listed above, subject to approval by the city council.
F. Valet parking available to guests; and
G. Convention center/meeting space; and
H. A resort hotel and casino of up to six hundred seventy five (675) rooms must have a minimum of thirty thousand (30,000) square feet of casino floor space, or sixty (60) square feet of casino floor space per room, whichever is greater. A resort hotel and casino with over six hundred seventy five (675) rooms must have a minimum of forty thousand (40,000) square feet of casino floor space or fifty (50) square feet of casino floor space per room whichever is greater; and
I. Valet parking; and
J. A swimming pool of at least thirty feet by fifty feet (30'x50') in size.
Any resort hotel licensed and operating at the time ordinance 263 becomes legally effective shall not be required to conform to the additional requirements imposed by ordinance 263 unless and until the premises are not licensed for gaming for over eighteen (18) consecutive months, and thereafter the premises shall be deemed nonconforming and must comply with the additional requirements imposed by ordinance 263. Any resort hotel constructed and opened prior to the time ordinance 263 becomes legally effective, but is currently closed, shall be deemed to conform to the additional requirements imposed by ordinance 263 if it shares two (2) or more of the amenities listed in subsection E of this definition and the convention area described in subsection G of this definition with one or more licensed resort hotels and within eighteen (18) months of its reopening presents plans for the construction of at least one additional amenity upon or contiguous to its property. It shall not be required to comply with subsection H of this definition or have at least four hundred (400) rooms.
RESTRICT: In regard to city council action for violation of law, to limit the number and/or types of games which may be operated, the hours and days games may be operated, and any other limitation or confinement placed upon a licensee's operation.
SLOT MACHINE: A. Any electronic, mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available for play or operation, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or anything of value whatsoever, whether the payoff is made automatically from the machine or in any other manner whatsoever.
B. If a machine has multiple capacities, the director of business activity shall make a determination, consistent with the determination made by the state gaming control board, whether the machine constitutes two (2) or more slot machines for the purpose of this chapter based on the number of payout devices, coin receptacles or slots, handles or other devices for multiple players, or means of determining winners.
SLOT OPERATOR: A licensee engaged in the business of placing slot machines upon the business premises of another under any agreement whereby consideration is paid or is payable for the placement of such slot machines, whether the consideration is measured by a percentage of revenue derived from such machines or by a fixed fee or otherwise.
SPORTS POOL: The business of accepting wagers on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering.
WAGER: Two (2) or more contracting parties, having mutual rights in respect to the money or other thing wagered or "staked", where each of the parties necessarily risks something, and has a chance to make something upon the happening or not happening of an uncertain event, where the parties have no interest in the event except that arising from the possibility of such gain or loss. (Ord. 5, 8-16-1984; amd. Ord. 42, 10-22-1987; Ord 49, 3-23-1989; Ord. 263, 1-16-2002)