§ 8.04.110. Investigation requirements and procedures.

All applicants for an original gaming license of any kind or for a finding of suitability shall submit to investigation in accordance with the requirements of this chapter.

(A)

Applicants for a Class A slot machine and coin-operated gaming device license shall submit to a background investigation of their personal and financial suitability and qualification for licensing.

(B)

Key employees required to obtain a finding of suitability pursuant to Section 8.04.090 shall submit to a background investigation of their personal suitability.

(C)

An application for a Class A slot and coin-operated gaming device license or a finding of suitability as a key employee constitutes a request for a determination of the applicant's general character, integrity and ability to participate in, engage in, or be associated with gaming and by filing such application the applicant consents to submit to the investigation required herein, consents to make full disclosure of background information to licensing officials and agrees that any written or oral statement obtained in the course of an official proceeding of the board by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged to the county, confidential to county licensing officials and does not impose thereon liability for defamation or constitute a ground for recovery in any civil action. Subsequent to filing properly completed application documents with the department, the applicant shall present himself to the Las Vegas metropolitan police department to be fingerprinted and to make reply to any and all questions pertaining to the issuance of the respective license as may be required by the board. The LVMPD shall forward one set of fingerprints of each applicant to the Central Repository for Nevada Records of Criminal History. The Central Repository for Nevada Records of Criminal History is authorized to submit the fingerprints to the Federal Bureau of Investigation for its report and to exchange fingerprint data with the Federal Bureau of Investigation. The purpose for such submission of fingerprints is to allow for a state and federal criminal records investigation to determine suitability for licensure and pursuant to authority under and in conformance with Nevada Revised Statutes 239B.010(1)(a) and Federal Public Law 92-544.

Any and all persons required to be fingerprinted under the terms of this chapter shall answer all questions pertaining to such application. Except as otherwise provided herein, all fingerprints required to be taken under the terms of this chapter and all other information obtained by reason of the fingerprints shall be maintained by the Las Vegas metropolitan police department in a confidential file available only to members of the board, the director, and law enforcement officers; provided, however, that such application is a waiver of confidentiality and privacy as to those matters regarding past and present associations, criminal history, including sealed and expunged records, and sources of funds; and by such waiver permits interrogation of the applicant, at any meeting of the board concerning any matters contained in the application or information obtained in the course of an investigation.

Information of a confidential nature acquired under the terms of this chapter shall be maintained by the director, in a confidential file, available only to county licensing officials and law enforcement officers; provided, however, that such application constitutes a waiver of confidentiality and privacy as to those matters disclosed by the investigation and by such waiver permits the interrogation of the applicant at any meeting of the board concerning any matters contained in the application or information obtained in the course of an investigation concerning suitability as a key employee or for licensing.

(D)

Except as provided in subsection (E) of this section, an applicant for any classification of gaming license or for a finding of suitability other than as a key employee may not be required to undergo a background investigation and the board may determine that the applicant, including all members of an applicant group or entity, is suitable for a gaming license if the Nevada Gaming Commission grants a license or finding of suitability to the applicant.

(E)

The board may, by majority vote of the members present, within forty days following its receipt of a complete application for licensing or finding of suitability from the department, determine that the public health, safety, morals and welfare of the county require that a background investigation be conducted by an investigative agency of any applicant or member of an applicant group or entity, notwithstanding the fact that such applicant is being, or has been, investigated by or approved by the Nevada Gaming Commission.

(F)

Upon completion of an investigation conducted in accordance with this chapter, the Las Vegas metropolitan police department and/or district attorney shall immediately refer the application to the department together with their findings and recommendations and all facts upon which they are based. The director shall report these findings and any additional information he/she deems necessary to the board at the next regularly scheduled meeting at which his/her report may be legally placed on the agenda. The Las Vegas metropolitan police department shall be responsible to report to the board all facts upon which their findings and recommendations are based. If it is not possible for the investigation to be completed within thirty days, the department shall report that fact to the board and the board may order additional time for the investigation. The board may order the Las Vegas metropolitan police department and/or the district attorney and/or the director to make a report on the investigation completed at that time. The application may be acted upon by the board at any regular or recessed meeting thereof duly called and noticed subsequent to referring the application for investigation.

(Ord. L-241-08 § 1, 2008: Reg. G-145-01 § 1, 2001: Reg. G-143-01 § 2, 2001: Reg. G-58-80 § 14, 1980: Reg. G-50-79 § 7, 1979: Reg. G-11-61 § 11, 1961)