2005 Nevada Revised Statutes - Chapter 466 — Horse Racing

CHAPTER 466 - HORSE RACING

NRS 466.010 Shorttitle.

NRS 466.015 Purposeof chapter.

NRS 466.017 Definitions.

NRS 466.018 Boarddefined.

NRS 466.019 Chariotrace defined.

NRS 466.021 Commissiondefined.

NRS 466.022 Cutterrace defined.

NRS 466.025 Heatdefined.

NRS 466.026 Horsedefined.

NRS 466.028 Pari-mutuelwagering defined.

NRS 466.029 Resorthotel defined.

NRS 466.030 Jurisdictionof Board and Commission; regulations.

NRS 466.045 Certainfinancial interests of member of Board or Commission prohibited.

NRS 466.065 Bondsfor certain members and employees of Board and Commission.

NRS 466.070 Employees;laboratory; offices; race meeting officials and stewards; delegation of certainduties of Board.

NRS 466.080 Accountfor Racing and Pari-Mutuel Wagering; disposition of proceeds of taxes; grantsto licensees.

NRS 466.090 Licenserequired to conduct racing or pari-mutuel wagering; exceptions.

NRS 466.095 Issuanceof license to conduct dog racing or pari-mutuel wagering in connection with dogracing prohibited.

NRS 466.100 Applicationfor license to conduct racing; investigation and recommendation by Board;approval of locations for off-track wagering; disciplinary action; duration oflicense.

NRS 466.102 Depositof advance with application.

NRS 466.104 Decisionof Commission final; preference in awarding dates.

NRS 466.1045 Bondor deposit required; exemptions.

NRS 466.105 Applicationfor license to conduct pari-mutuel wagering; investigation and recommendationby Board; approval of locations for off-track wagering.

NRS 466.110 Limitationon number of days of racing; transfer of meet.

NRS 466.115 Limitationon issuance of license for conflicting meet.

NRS 466.120 Feefor license; exemptions.

NRS 466.125 Taxon conducting racing with pari-mutuel wagering; distribution of portion ofpari-mutuel money as purses; exceptions.

NRS 466.130 Licensingand supervision of certain meetings and races at which pari-mutuel wageringwill be conducted; fees.

NRS 466.140 Awardingof dates for racing; limitations.

NRS 466.150 Issuanceof license; licensee subject to regulations and disciplinary action.

NRS 466.151 Limitationon commissions deducted by licensee from pari-mutuel wagering; other deductionsin paying bets.

NRS 466.153 Placefor conducting and public viewing of wagering.

NRS 466.155 Wageringoutside enclosure or licensed establishment prohibited.

NRS 466.157 Limitationon wager by agent; off-track wagering by agent prohibited.

NRS 466.159 Redemptionof outstanding pari-mutuel tickets.

NRS 466.160 Charityday: Limitation on number of days in one meet.

NRS 466.170 Regulationsof Commission; licensing of participants in racing.

NRS 466.172 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commission. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 466.174 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certain processesrelating to paternity or child support proceedings.]

NRS 466.176 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 466.180 Powersof Board and Commission.

NRS 466.190 Reportto Commission by licensee of receipts and disbursements.

NRS 466.200 Impossibility,impracticability or inadvisability of holding meet; return of fees to licensee.

NRS 466.210 Regulationof racing by local governments prohibited.

NRS 466.216 Unlawfuluse of electrical device or appliance to alter speed of racing animal; penalty.

NRS 466.220 Prohibitedacts; penalties.

_________

NRS 466.010 Shorttitle. This chapter shall be known and may becited as the Nevada Racing Act.

[24:321:1951](NRS A 1973, 465)

NRS 466.015 Purposeof chapter. The purposes of this chapter areto encourage the breeding of horses in this state, to produce an additionalsource of revenue for this state and to protect the general public.

(Added to NRS by 1965, 527; A 1973, 465; 1981, 1600;1997, 3130)

NRS 466.017 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS466.018 to 466.029, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1991, 704; A 1993, 2122)

NRS 466.018 Boarddefined. Board means the State GamingControl Board.

(Added to NRS by 1993, 2122)

NRS 466.019 Chariotrace defined. Chariot race means a horserace involving not more than eight horses per heat in which a team of twohorses pulls a cart with two wheels.

(Added to NRS by 1991, 704)

NRS 466.021 Commissiondefined. Commission means the Nevada GamingCommission.

(Added to NRS by 1991, 704; A 1993, 2122)

NRS 466.022 Cutterrace defined. Cutter race means a horserace involving not more than eight horses per heat in which a team of twohorses pulls a cart with two sleigh runners over snow.

(Added to NRS by 1991, 704)

NRS 466.025 Heatdefined. Heat means one of severalinstallments of a race which has two or more installments.

(Added to NRS by 1991, 704)

NRS 466.026 Horsedefined. Horse means any equine, including amule.

(Added to NRS by 1991, 704)

NRS 466.028 Pari-mutuelwagering defined. Pari-mutuel wageringmeans a system of placing wagers on a horse race whereby the wager is placed ata window and equipment is used to pay a persons winnings in the precise amountof money wagered by persons who did not win, after deducting taxes owed and commissionscharged by the race track.

(Added to NRS by 1991, 704; A 1997, 3130)

NRS 466.029 Resorthotel defined. Resort hotel means anybuilding or group of buildings that is maintained as and held out to the publicto be a hotel where sleeping accommodations are furnished to the transientpublic and that has:

1. More than 1,000 rooms available for sleepingaccommodations;

2. At least one bar with permanent seating capacityfor more than 30 patrons that serves alcoholic beverages sold by the drink forconsumption on the premises;

3. At least one restaurant with permanent seatingcapacity for more than 60 patrons that is open to the public 24 hours each dayand 7 days each week; and

4. A gaming area within the building or group ofbuildings.

(Added to NRS by 1995, 878)

NRS 466.030 Jurisdictionof Board and Commission; regulations.

1. The jurisdiction, supervision, powers and duties ofthe Board and the Commission extend to all persons, associations orcorporations which hold or conduct any meeting within the State of Nevada where any racing is permitted for any stake, purse or reward.

2. The Commission, on the recommendation of the Board,shall adopt regulations to carry out its powers and duties under this chapter.

[1:321:1951](NRS A 1973, 465; 1977, 1223; 1981,1601, 1942; 1993, 2122)

NRS 466.045 Certainfinancial interests of member of Board or Commission prohibited. No member of the Board or Commission may own or otherwisehave a financial interest in any horse which is entered in any race meetlicensed pursuant to the provisions of this chapter.

(Added to NRS by 1973, 465; A 1993, 2122; 1997, 3130)

NRS 466.065 Bondsfor certain members and employees of Board and Commission. The Board and the Commission shall maintain blanketfidelity bond coverage of all its members and employees who handle any of itsmoney, unless such persons are covered by any blanket fidelity bond otherwisemaintained by the State of Nevada.

(Added to NRS by 1973, 465; A 1993, 2122)

NRS 466.070 Employees;laboratory; offices; race meeting officials and stewards; delegation of certainduties of Board.

1. The Board is authorized:

(a) To employ at reasonable compensation a reasonablenumber of inspectors, judges, guards, experts, scientists, auditors,veterinarians and other employees or agents deemed by the Board to be essentialat or in connection with any race meeting to the best interests of racing.

(b) To maintain a testing laboratory and to purchasesupplies and equipment for and in connection with the laboratory or other testor testing processes.

(c) To lease suitable premises for photography control.

2. At any race meeting all officials, as this term iscustomarily understood in racing, including, without limitation, placingjudges, patrol judges, clerks of the scales, starters and assistants,handicapper, timer, paddock judge, racing secretary and clerk of the course,must be employed and paid by the licensee conducting the race meeting, butapproved by the Board.

3. There must be at least three stewards to superviseeach race or meeting conducted pursuant to the provisions of this chapter. Oneor more of the stewards must be the official steward of the Board, and theremaining steward or stewards must be appointed by the licensee, subject to theapproval of the Board. The stewards shall exercise such powers and perform suchduties at each race meeting as may be prescribed by the regulations of theCommission.

4. The Board may delegate any of the powers and dutiesassigned to it by this section for a particular race meeting to the state fairassociation, agricultural society, county fair and recreation board or otherassociation to which state or county aid is given, which is conducting the racemeeting.

[5:321:1951; A 1953, 698](NRS A 1965, 522; 1993,2123)

NRS 466.080 Accountfor Racing and Pari-Mutuel Wagering; disposition of proceeds of taxes; grantsto licensees.

1. The Account for Racing and Pari-Mutuel Wagering ishereby created within the State General Fund. The Board shall administer theAccount.

2. The Board shall distribute the proceeds of thetaxes collected pursuant to NRS 466.120and subsection 1 of NRS 466.125 in thefollowing order of priority:

(a) One percent of all pari-mutuel money handled onhorse races which are not conducted by a state fair association, agriculturalsociety, county fair and recreation board or other association to which stateor county aid is given to the city in which the races are conducted or, if theraces are conducted outside any city, to the county in which they areconducted.

(b) Not more than 1 percent of all pari-mutuel moneyhandled on horse races which are not conducted by a state fair association,agricultural society, county fair and recreation board or other association towhich state or county aid is given to the Account for Racing and Pari-MutuelWagering.

(c) The remainder to the State General Fund.

3. A licensee who has paid the taxes required bysubsection 1 of NRS 466.125 may apply tothe Board to receive a grant from the account for racing and pari-mutuelwagering. The Board may recommend approval and the Commission, in itsdiscretion, may approve a grant to the licensee for the exclusive use ofproviding capital improvements to the racing facility of the licensee, a pursefor racing or promotion of the facility, in proportion to the amount of taxespaid to the Commission by the licensee. The Board may not recommend approvaland the Commission may not approve a grant if sufficient money is not availableto pay the expenses of the Board and the Commission for the administration ofthis chapter.

[Part 7:231:1949; A 1951, 538; 1953, 701] +[17:321:1951](NRS A 1960, 185; 1965, 523; 1979, 110; 1981, 1703; 1983, 1998;1991, 1112; 1993, 2123; 1997, 3131)

NRS 466.090 Licenserequired to conduct racing or pari-mutuel wagering; exceptions.

1. No person or persons, association or corporation,except state fair associations, agricultural societies, county fair andrecreation boards, and other associations to which state or county aid isgiven, may hold or conduct any meeting within this state where racing ispermitted for any stake, purse or reward, except when the person, associationor corporation is licensed by the Nevada Gaming Commission as provided in thischapter.

2. Except as provided in chapter464 of NRS, it is unlawful for any person, firm, association orcorporation, either as owner, lessee or employee, whether for hire or not,except state fair associations, agricultural societies, county fair and recreationboards, and other associations to which state or county aid is given, to operate,carry on, conduct or maintain in this state any form of wagering under thesystem known as the pari-mutuel method of wagering on any racing event, withouthaving first procured a license for the same as provided in this chapter.

[6:321:1951](NRS A 1965, 524; 1973, 465; 1981, 1942;1983, 1894)

NRS 466.095 Issuanceof license to conduct dog racing or pari-mutuel wagering in connection with dogracing prohibited. The Nevada Gaming Commissionshall not issue any license under this chapter to conduct dog racing orpari-mutuel wagering in connection with any dog race.

(Added to NRS by 1973, 464; A 1977, 1039; 1979, 552;1981, 1942; 1987, 1724; 1995, 879; 1997, 3131)

NRS 466.100 Applicationfor license to conduct racing; investigation and recommendation by Board;approval of locations for off-track wagering; disciplinary action; duration oflicense.

1. Any natural person, association or corporationdesiring to conduct horse racing within the State of Nevada must apply to theBoard for a license so to do. The application must be in such form and supplysuch data and information as the Board prescribes.

2. The Board shall investigate the applicant, and anyother person whom it believes necessary to determine the applicantssuitability to receive a license to conduct racing. The cost of theinvestigation must be paid by the applicant. The Board shall recommend inwriting to the Commission either approval or denial of the license. If denialis recommended, the Board shall prepare and file with the Commission itswritten reasons for that recommendation. If the Board recommends denial, theCommission may grant the license only by unanimous vote of the members present.

3. Each license issued by the Commission to conducthorse racing must be conditioned upon the licensees approving any locationswhich may be established in this state for off-track pari-mutuel wagering asrequired by 15 U.S.C. 3004(b)(1)(A) as enacted and as this subsection may beamended from time to time.

4. The Commission may revoke, modify or suspend alicense, fine a licensee or refuse to issue a license if it has reasonablecause to believe that the public interest can best be served by such an action.Any such action, except the refusal to issue a license, must comply with theprocedures set forth in NRS 463.310 to 463.3145, inclusive. The judicial reviewprovided in NRS 463.315 to 463.318, inclusive, is available to anyperson aggrieved by the final decision of the Commission to revoke or suspend alicense or fine a licensee.

5. A license to conduct horse racing issued by theCommission continues to be valid without renewal unless it is suspended orrevoked or the licensee changes the location at which he conducts racing orceases to conduct racing.

[Part 7:321:1951](NRS A 1960, 186; 1965, 524; 1973,466; 1975, 395; 1981, 1943; 1983, 1895, 1999; 1993, 2124; 1997, 3131)

NRS 466.102 Depositof advance with application. When anapplication is made for a license to conduct racing or pari-mutuel wagering, orboth, the applicant shall deposit with the Board an amount of money determinedpursuant to NRS 463.331 to cover theexpenses of investigation.

(Added to NRS by 1981, 1703; A 1993, 2125)

NRS 466.104 Decisionof Commission final; preference in awarding dates. Thedecision of the Commission, on the recommendation of the Board, concerning theaward of all dates, the conduct of races and any other matter concerning racingis final, but the Commission shall, in awarding dates, give preference toagricultural associations for the dates on which each has conducted racing inprevious years.

(Added to NRS by 1983, 1998; A 1993, 2125)

NRS 466.1045 Bondor deposit required; exemptions.

1. Before the running of any race meet licensed by theCommission, the licensee shall post with the Commission a bond executed by thelicensee as principal, and by a corporation qualified pursuant to the laws ofthis state as surety, payable to the State of Nevada, and conditioned upon thepayment of all money due to the State, the payment of purses to theparticipants, and the payment of the employees of the licensee. The bond mustbe in such an amount as the Commission deems necessary, not to exceed $100,000.In lieu of a bond, the licensee may deposit with the Commission lawful money ofthe United States or a certified check in an amount not to exceed $100,000 orany other form of security authorized by NRS100.065. If security is provided in the form of a savings certificate,certificate of deposit or investment certificate, the certificate must statethat the amount is not available for withdrawal except upon order of theCommission. After the race meet the posted cash, check, bond or other securitymust be returned or exonerated as the case may be, upon full performance by thelicensee.

2. A nonprofit organization or agriculturalassociation conducting a race meet is exempt from the requirements ofsubsection 1.

(Added to NRS by 1983, 1998; A 1989, 1074; 1991, 705)

NRS 466.105 Applicationfor license to conduct pari-mutuel wagering; investigation and recommendationby Board; approval of locations for off-track wagering.

1. Every application for a license to conductpari-mutuel wagering under this chapter must be made upon forms prescribed andfurnished by the Board. The Board shall investigate the applicant, includingits officers and directors, if any, in the same manner as applicants for gaminglicenses.

2. The cost of each investigation made pursuant tothis section must be paid by the applicant. Investigation costs must be chargedon the same basis as those for gaming license investigations.

3. The Board shall make its recommendations to theCommission which shall grant or deny licenses in the same manner as prescribedin chapter 463 of NRS for a state gaminglicense.

4. Each license issued by the Commission to conductpari-mutuel wagering under this chapter must be conditioned upon the licenseesapproving any locations which may be established in this state for off-trackpari-mutuel wagering as required by 15 U.S.C. 3004(b)(1)(A) as enacted and asthis subsection may be amended from time to time.

(Added to NRS by 1973, 465; A 1975, 396; 1981, 1944;1983, 1897; 1993, 2125)

NRS 466.110 Limitationon number of days of racing; transfer of meet.

1. No person, corporation or association may be givena license to conduct more than 300 days of horse racing in any 1 year on anyone track within the State of Nevada.

2. The Commission may, at any time or times, in itsdiscretion, authorize any person, corporation or association to transfer itsracing meet or meetings from its own track or place for holding races to thetrack or place for holding races of any other person, corporation orassociation. No such authority to transfer may be granted without expressconsent of the person, corporation or association owning or leasing the trackto which the transfer is made, but nothing in this section affects in anymanner the license fees, requirements, rights, conditions, terms and provisionsof NRS 466.120 or the provision fortaxes contained in NRS 466.125.

[8:321:1951](NRS A 1965, 525; 1973, 467; 1977, 874;1981, 1945; 1993, 2125; 1997, 3132)

NRS 466.115 Limitationon issuance of license for conflicting meet. Alicense must not be issued to conduct pari-mutuel wagering at a track which isless than 100 miles from another track at which pari-mutuel betting is alreadylicensed to be conducted during the race meet of the track first licensedunless:

1. A different type of race is conducted at the secondtrack;

2. The second track is a county fair race meetingauthorized by the Commission which does not exceed 10 days in duration duringthat calendar year; or

3. The other track or tracks are located in a countywhose population is 400,000 or more and on the premises of a resort hotel.

(Added to NRS by 1973, 464; A 1981, 1945; 1983, 1897,2001; 1989, 556; 1991, 705; 1995, 879)

NRS 466.120 Feefor license; exemptions.

1. Except in the case of the trotting and pacingmeetings provided for in NRS 466.130,and except as provided in subsection 3 of this section, each applicant desiringto hold horse races on the day or days awarded by the Commission shall, beforethe issuance of any license therefor, pay to the Board a license fee fixed bythe Commission at the time of making application of not less than $50 nor morethan $200 for each day of any meeting for the conduct of races so licensed.

2. If the license is to include permission forpari-mutuel wagering, such license fee must be deducted from the tax imposed byNRS 466.125.

3. State fair associations, agricultural societies,county fair and recreation boards and other associations to which state orcounty aid is given are exempt from the license fee required by subsection 1 ofthis section but must secure a license from the Commission before holding sucha race.

[9:321:1951; A 1953, 698](NRS A 1960, 186; 1965,525; 1993, 2126)

NRS 466.125 Taxon conducting racing with pari-mutuel wagering; distribution of portion ofpari-mutuel money as purses; exceptions.

1. Each licensee conducting racing with pari-mutuelwagering shall pay to the Commission for the use of the State a tax at the rateof 2 percent on all pari-mutuel money handled on horse races during the racemeeting.

2. State fair associations, agricultural societies,county fair and recreation boards, county agricultural associations andnonprofit organizations formed to conduct race meetings shall pay 1 percent ofthe pari-mutuel money handled during race meetings.

3. Each licensee conducting racing with pari-mutuelwagering, except a state fair association, agricultural society, county fairand recreation board or other association to which state or county aid isgiven, shall distribute not less than 8 percent of all pari-mutuel moneyhandled on horse races as purses to the owners of the horses winning thoseraces.

(Added to NRS by 1960, 188; A 1965, 525; 1973, 467;1977, 1039; 1981, 1704, 1945; 1987, 636; 1995, 879; 1997, 3132)

NRS 466.130 Licensingand supervision of certain meetings and races at which pari-mutuel wageringwill be conducted; fees.

1. The Commission may issue licenses for the holdingof:

(a) Trotting and pacing meetings;

(b) Chariot races; and

(c) Cutter races,

at whichpari-mutuel wagering will be conducted.

2. The Board and the Commission have supervisorypowers over such meetings and races and those licensed in the same manner andto the same extent, where not inappropriate, as they have by virtue of theprovisions of this chapter over those licensed under other provisions of thischapter. Every applicant must pay a license fee of not less than $25 nor morethan $200 for each day that races are held.

[16:321:1951](NRS A 1981, 1946; 1991, 706; 1993,2126)

NRS 466.140 Awardingof dates for racing; limitations.

1. The Commission may meet at any time and award datesfor racing upon applications submitted to it within the limits provided by thischapter. The dates so awarded must in no way conflict with the provisions ofthis chapter, and no license for a race meeting may issue prior to the paymentof the fees therefor at the rate provided in NRS466.120.

2. The Commission shall not award any dates for racinguntil the applicant gives its approval of any locations which may beestablished in this state for off-track pari-mutuel wagering as required by 15U.S.C. 3004(b)(1)(A) as enacted and as this subsection may be amended fromtime to time.

[10:321:1951; A 1953, 698](NRS A 1983, 1897)

NRS 466.150 Issuanceof license; licensee subject to regulations and disciplinary action.

1. Upon the award of dates to any applicant and uponpayment of the license fees as prescribed in this chapter, the Commission shallissue a license for the holding of the meeting or meetings during the datesawarded to the applicant, and for which the license fees shall have been paid.

2. A licensee shall be subject to all the rights,regulations and conditions from time to time prescribed by the Commission andthe license shall be subject to suspension or revocation by the Commission asprovided in this chapter.

[11:321:1951]

NRS 466.151 Limitationon commissions deducted by licensee from pari-mutuel wagering; other deductionsin paying bets.

1. The commissions deducted by any licensee frompari-mutuel wagering on racing must not exceed 20 percent of the gross amountof money handled in each pari-mutuel pool operated by the licensee during theperiod of the license.

2. In addition to the commissions provided for insubsection 1, the licensee may deduct odd cents less than 10 cents per dollarin paying bets.

(Added to NRS by 1965, 527; A 1973, 468; 1987, 636)

NRS 466.153 Placefor conducting and public viewing of wagering. Alicensee conducting any form of pari-mutuel wagering provided for in thischapter shall provide a place or places in the meeting grounds or enclosure:

1. At which the licensee may conduct, operate andsupervise the pari-mutuel method of wagering upon the results of the racingevents conducted within the meeting grounds or enclosure.

2. Where the progress of the betting and the odds paidmay be open to public view.

(Added to NRS by 1965, 527; A 1973, 468)

NRS 466.155 Wageringoutside enclosure or licensed establishment prohibited.

1. It is unlawful for any person to operate a systemof pari-mutuel wagering on any licensed horse race at any location other than:

(a) The enclosure wherein the race which is the subjectof the wagering occurs; or

(b) A licensed gaming establishment which has beenapproved to conduct off-track pari-mutuel wagering.

2. All other forms of wagering or betting on theresults of any of the races licensed under this chapter outside the enclosureor licensed establishment are also illegal, unless expressly authorized by theCommission.

(Added to NRS by 1965, 527; A 1973, 468; 1981, 1946;1983, 1898; 1993, 2126; 1997, 3133)

NRS 466.157 Limitationon wager by agent; off-track wagering by agent prohibited. A pari-mutuel wager placed at the track where the wageredrace is conducted may be made by an agent if the principal is present on thepremises. All off-track pari-mutuel wagering must be done by a principal.

(Added to NRS by 1965, 527; A 1983, 1898)

NRS 466.159 Redemptionof outstanding pari-mutuel tickets. All outstandingpari-mutuel tickets must be cashed within 90 days from the date of purchase or10 days after the close of any race meeting. Tickets which are not redeemedwithin such time become valueless and the sum of money represented by themshall accrue to the issuing licensee.

(Added to NRS by 1965, 527; A 1973, 468)

NRS 466.160 Charityday: Limitation on number of days in one meet.

1. A charity day under this section is defined to be aracing day on which a portion of the net proceeds and revenues from pari-mutuelracing is contributed to a charitable organization or society as those termsare generally understood. Such contribution shall not diminish the taxesimposed by this chapter.

2. Any licensee holding a license for racing asprovided in this chapter may declare as many charity days in any one meet asthe licensee shall deem fit, but no licensee shall declare more than fivecharity days in any one racing meet.

3. Any such charity days, not exceeding five in anyone race meeting, shall be deemed in addition to the maximum number of daysprovided in NRS 466.110.

[21:321:1951; A 1953, 698](NRS A 1965, 526)

NRS 466.170 Regulationsof Commission; licensing of participants in racing.

1. The Commission, on the recommendation of the Board,shall adopt regulations for the licensing, supervising, disciplining,suspending, fining and barring from racing, on any track under the jurisdictionof the Board or Commission, of horses, owners, breeders, authorized agents,subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents andany other person, persons, organizations, associations or corporations whoseactivities affect the conduct or operation of licensed race meetings.

2. At a licensed race meeting or race, a person shallnot enter a horse or participate as an owner, agent, nominator, trainer,jockey, jockey apprentice, or jockey agent, without first procuring from theBoard a license so to do, and paying such fees as the Commission determines tobe reasonable therefor. The Board may issue such licenses, and may revoke themat any time for cause.

3. The regulations of the Commission may include, butare not limited to, the following:

(a) A requirement for fingerprinting, or other methodof identification, of applicants and licensees;

(b) A requirement for information concerning theantecedents, habits and character of applicants; and

(c) The procedure and form of application whichapplicants must follow and complete before consideration of their applicationsby the Board.

4. The Commission, on the recommendation of the Board,may adopt regulations for the conducting of pari-mutuel wagering under this chapter.The regulations must be similar to the regulations of the Commission relatingto the conduct of gaming adopted pursuant to chapter463 of NRS.

[12:321:1951; A 1953, 698](NRS A 1960, 187; 1965,526; 1973, 468; 1981, 1603, 1946; 1993, 2126; 1997, 3133)

NRS 466.172 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commission. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of alicense issued pursuant to NRS 466.170shall submit to the Commission the statement prescribed by the Division ofWelfare and Supportive Services of the Department of Health and Human Servicespursuant to NRS 425.520. The statementmust be completed and signed by the applicant.

2. The Commission shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commission.

3. A license may not be issued or renewed by theCommission pursuant to NRS 466.170 ifthe applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commission shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2064)

NRS 466.174 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If theCommission receives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a licenseissued pursuant to NRS 466.170, theCommission shall deem the license issued to that person to be suspended at theend of the 30th day after the date on which the court order was issued unlessthe Commission receives a letter issued to the holder of the license by thedistrict attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Commission shall reinstate a license issuedpursuant to NRS 466.170 that has beensuspended by a district court pursuant to NRS425.540 if the Commission receives a letter issued by the district attorneyor other public agency pursuant to NRS425.550 to the person whose license was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or has satisfiedthe arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2064)

NRS 466.176 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] An applicationfor a license issued pursuant to NRS 466.170must include the social security number of the applicant.

(Added to NRS by 1997, 2065)

NRS 466.180 Powersof Board and Commission. The Board and theCommission or any of its members has full power and authority:

1. To compel the production of any and all books,memoranda, documents, papers and records showing the receipts and disbursementsof any person, corporation or association licensed under the provisions of thischapter to conduct race meetings.

2. To summon witnesses before it and to administeroaths or affirmations to witnesses whenever, in the judgment of the Commission,it may be necessary for the effectual discharge of its duties.

3. To require, at any time, the removal of anyemployee or official employed by any licensee under this chapter.

4. To require that the book and financial or otherstatements of any person, corporation or association licensed under theprovisions of this chapter shall be kept in any manner which to the Commissionmay seem best.

5. To visit, to investigate and to place expertaccountants and such other persons as it may deem necessary in the offices,tracks or places of business of any person, corporation or association licensedunder the provisions of this chapter for the purpose of satisfying itself thatthe regulations of the Commission are strictly complied with.

[Part 13:321:1951; A 1953, 698](NRS A 1993, 2127)

NRS 466.190 Reportto Commission by licensee of receipts and disbursements. Every person or persons, association or corporation licensedto hold racing meets within the State of Nevada, as provided in this chapter,shall within 30 days after the conclusion of any license period, or extensionthereof, return to the Commission a full statement, under oath, of theirreceipts from all sources whatsoever during the calendar year, and of allexpenses and disbursements, all itemized in manner and form as shall bedirected by the Commission and with such allowances as may be approved by theCommission, showing the net revenue from all sources derived by such person,persons, association or corporation engaged in or conducting racing.

[14:321:1951; A 1953, 698](NRS A 1973, 469)

NRS 466.200 Impossibility,impracticability or inadvisability of holding meet; return of fees to licensee. If by reason of any cause beyond control, and through nofault or neglect of any licensee, and while such licensee is not in default, itshould become impossible, impracticable or inadvisable for a licensee to holdor conduct racing upon any date or dates licensed by the Commission, theCommission in its discretion and at the request of the licensee shall havepower to return the fees paid by the licensee for racing upon the days uponwhich it is impossible, impracticable or inadvisable for the licensee to hold orconduct racing. The decision of the Commission in this regard shall be final.

[20:321:1951]

NRS 466.210 Regulationof racing by local governments prohibited. Theprovisions of this chapter are intended to be statewide and exclusive in theireffect, and no city, county or other political subdivision of this state maymake or enforce any local law, ordinance or regulation upon the subject ofracing.

[15:321:1951] + [18:321:1951](NRS A 1960, 187; 1979,84; 1997, 3133)

NRS 466.216 Unlawfuluse of electrical device or appliance to alter speed of racing animal; penalty.

1. It is unlawful for any person to use or beresponsible for the use of any electrical device or appliance to alter thespeed of a racing animal.

2. It is unlawful for any person to:

(a) Possess, manufacture, sell, distribute or market;

(b) Instruct another in the use of; or

(c) Cause or be responsible for an electrical currentbeing discharged through,

anelectrical or mechanical device or other appliance designed specifically to increaseor decrease the speed of an animal during a race, other than a whip approved bythe Commission.

3. Any person who violates the provisions ofsubsection 1 or 2 is guilty of a gross misdemeanor.

(Added to NRS by 1991, 704)

NRS 466.220 Prohibitedacts; penalties.

1. Any person failing to appear before the Commissionat the time and place specified in answer to a summons issued pursuant to NRS 466.180, or refusing to testify, isguilty of a misdemeanor.

2. Any person aiding or abetting in the conduct of anymeeting in this state at which races of horses are permitted for any stake,purse or reward, except in accordance with a license issued and unsuspended orunrevoked by the Commission, is guilty of a gross misdemeanor.

3. Except as otherwise provided by this section orother specific statute, any violation of the provisions of this chapter or theregulations of the Commission is a misdemeanor.

[Part 13:321:1951; A 1953, 698] + [19:321:1951](NRSA 1960, 187; 1967, 589; 1973, 469; 1979, 1479; 1991, 706; 1997, 3134)