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.

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.

The City Council could reject the proposed moratorium.

I move to approve and adopt Resolution No. 3307.