§ 8.04.310. License issuance—Restricted to certain hotels and motels.

(A) Except as otherwise provided in this section, no new application for a Class C slot machine license, or for any live game license, shall be granted except to a resort hotel as defined in Section 8.04.010(X), or to rural resorts as defined in Section 8.04.010(Y) which had been licensed prior to July 1, 1992.

(B)

Any establishment which as of December 31, 1985 under previous grandfather regulations or exceptions to the resort hotel requirement shall be deemed nonconforming, and shall continue to be subject to license renewal so long as the applicant remains suitable. If the premises are not licensed for gaming for over eighteen consecutive months, the premises are no longer deemed nonconforming and must comply with subsection (A) of this section. Such nonconforming license may not be expanded or enlarged beyond the number and type of live games and slot machines licensed on March 1, 1983, or granted by the board upon the application made pursuant to Regulation G-67-83.

(C)

In the event a Class C slot machine or live game licensee does not commence business within sixty days after issuance of license, or discontinues business for a period of sixty days without specific approval of the board, such license shall be limited, conditioned, suspended or revoked as provided in Chapter 8.08 unless the licensee cannot commence operating said facilities, or discontinues the availability of such facilities to the public due to remodeling, labor disputes, or reasons beyond its control, then said licensee shall petition the board, which, for good cause shown, may grant additional sixty-day extensions, not to exceed, however, a total period of one year including said initial sixty-day period.

(D)

The following establishments are deemed grandfathered pursuant to the conditions of subsection (B) of this section and shall not be required to conform to the three-hundred-room requirement of the resort hotel definition contained in Section 8.04.010 of this chapter:

(1)

All hotel or motel establishments to which a Class C and/or an unrestricted live game license was issued prior to December 31, 1985 pursuant to subsection (B) of this section; or

(2)

Establishments which had obtained a use permit, and, if required, a zone change to construct a one-hundred-fifty-room resort hotel as defined in this title prior to March 1, 1986, and which had complied with the actual construction requirement of the Clark County Building Code and as that term is defined in Chapter 29.56 of this code within the time provided in the original unamended use permit or zone change.

(E)

Any establishment which had not been licensed for live games prior to March, 1984, and:

(1)

Had obtained a building permit for the construction of a casino on or before March 1, 1973; and

(2)

Had completed construction of said casino on or before March 1, 1974; and

(3)

Had filed its application for a Clark County live gaming license prior to September 30, 1973, or which:

(a)

Had obtained a building permit for the construction of a hotel and casino having over one hundred fifty hotel rooms with full restaurant, bar, and lounge facilities on or before December 31, 1976, and

(b)

Had completed construction of said hotel and casino on or before June 30, 1980, and

(c)

Had filed its application for a Clark County unrestricted live game license or for a Class C slot machine license prior to March 1, 1980, may be issued a Class C slot machine license and a license to deal, operate, carry on, conduct, maintain or expose live games for play if the applicant or applicants therefor are found to be suitable by the licensing board.

(F)

Any establishment may be issued a gaming license for fifty slot machines, which:

(1)

Had a live gaming license during or prior to 1952; and

(2)

Was licensed for fifty slot machines and five live games prior to July 1981; and

(3)

Had applied for a Class C slot machine license prior to July, 1976; and

(4)

Had acquired a use permit to construct a one-hundred-fifty-room resort hotel prior to March 1, 1986.

(G)

An applicant may be granted an unrestricted live game license, bingo license, and a Class C slot machine license for a casino operation which is an integral part of a planned unit development which complies with the following conditions:

(1)

Not less than four separate operating hotels and providing a combined total of not less than two thousand guest rooms; and

(2)

Only private street entry to hotels and casino; and

(3)

All property development of hotels and casino and related facilities controlled by recorded covenants, conditions and restrictions with coordinated architectural design, landscaping, signage, lighting and parking finished pursuant thereto; and

(4)

A central mixed-use building which will contain not less than five hundred thousand square feet, including:

(a)

A casino not less than seventy-five thousand square feet including administrative and support areas, and

(b)

Live entertainment area not less than nine thousand square feet, and

(c)

An area to be leased to restaurants and food vendors containing an aggregate area of not less than eighty thousand square feet, and

(d)

Other retail and entertainment areas and multi-story parking structures;

(5)

Not less than two operating recreation facilities as defined in Section 8.04.010(X)(6).

The gaming license may be approved but shall not be issued or delivered before substantial completion of the central mixed-use building described above and the above hotel facilities have received certification of occupancy from the building department. Gaming shall be limited to the central casino only and is prohibited in any other area of the development whether individual hotels therein qualify as "resort hotels" or not.

A "planned unit development" is defined as a tract of land of not less than seventy-five gross acres which is developed as an integrated unit. The development thereof and open space, streets, and landscaped areas are controlled and maintained by a single entity. Each hotel may be situated upon its own subdivided parcel.

If, at any time, less than three hundred rooms and one hotel are open and available for immediate occupancy for a period of over sixty consecutive days, the gaming license shall automatically suspend and all gaming shall cease until such rooms are available. In such event, the licensee may apply to the board, and upon good cause shown for such unavailability of rooms or hotel closure, the board may allow gaming to continue upon such restrictions or conditions as it deems proper.

This planned unit development exception to the resort hotel requirement automatically expires August 31, 1990 and only those applicants which are part of a development which has complied with actual construction of the hotel structures (CCC 29.56) by that date may apply for licensure pursuant to this paragraph.

(H)

County Airport. An applicant may be granted an unrestricted Class C slot machine and coin-operated gaming device license where they are authorized through lease or other arrangement with Clark County for operations in airport terminal buildings owned or leased by Clark County under the auspices of NRS Chapters 495 or 496 and NRS 463.177.

(I)

Any rural resort which as of July 1, 1992 under previous regulations or exceptions to the resort hotel requirement was licensed shall be deemed nonconforming, and shall continue to be subject to license renewal so long as the applicant remains suitable. If the premises are not licensed for gaming over eighteen consecutive months, the premises are no longer deemed nonconforming and must comply with the resort hotel definition and subsection (A) of this section. Such nonconforming license may not be expanded or enlarged beyond the number and type of live games and slot machines licensed on July 1, 1992.

(Reg. G-117-92 § 1, 1992: Reg. G-113-92 § 1, 1992: Reg. G-97-88 § 1, 1988: Reg. G-85-86 § 1, 1986: Reg. G-80-85 § 2, 1985: Reg. G-72-84 § 2, 1984: Reg. G-71-84 § 1, 1984: Reg. G-67-83 §§ 1, 2, 1983: Reg. G-58-80 § 39, 1980: Reg. G-53-79 § 1, 1979; Reg. G-49-79 § 1, 1979; Reg. G-47-78 § 1, 1978; Reg. G-46-78 § 1, 1978; Reg. G-44-78 § 1, 1978; Reg. G-40-77 § 1, 1977: Reg. G-39-77 § 1, 1977: Reg. G-36-75 § 1, 1975: Reg. G-35-75 § 1, 1975: Reg. G-33-74 § 1, 1974: Reg. G-32-74 § 1, 1974; Reg. G-28-73 § 1, 1973)