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Sparks City Council Meeting 2/13/2017

General Business: 9.3

Title: Consideration and possible approval of Resolution No. 3307 directing staff to temporarily reject applications, as provided herein, for new land uses proposing 15 or fewer slot machines or privileged gaming licenses involving such proposed uses, and matters properly related thereto.
Petitioner/Presenter: Stephen Driscoll/Douglas Thornley
Recommendation: That the City Council adopt the Resolution.
Financial Impact: N/A
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

On January 23, 2017, the Sparks City Council directed City Staff to examine the City’s licensing ordinances related to restricted gaming.



Background:

Under Nevada law, restricted gaming is required to be “incidental to the primary business of the establishment.” NRS 463.0189. In Sparks, restricted gaming is an “accessory use,” which means that the gaming element of any business so licensed may not occupy more than ten percent of the building footprint associated with the principle use to which the restricted gaming operation is attached. SMC 20.03.002. With respect to restricted gaming, concerns related to the relationship between primary and incidental or accessory uses have surfaced over the past several years, resulting in significant changes to state and local gaming regulations.



Analysis:

At present, there are no applications pending with the City to allow new restricted gaming operations. A moratorium on such applications will allow City Staff the opportunity to consider the issue as directed and develop any proposals without creating a class of applicants who would be grandfathered in under the existing laws but potentially out of compliance with any amendment that may arise out of this process.



Alternatives:

The City Council could reject the proposed moratorium.



Recommended Motion:

I move to approve and adopt Resolution No. 3307.



Attached Files:
     Resolution re 15 or Fewer Slot Machines.pdf

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