Sparks City Council Meeting 5/22/2017 2:00:00 PM

    Monday, May 22, 2017 2:00 PM
    Council Chambers, Legislative Bldg., 745 4th St. , Sparks, NV

Public Hearing and Action Items Unrelated to Planning and Zoning: 10.2

Title: SECOND READING,Public Hearing, discussion and possible action on Bill No. 2715 amending the Sparks Municipal Code Title 5 “Business Licenses, Taxes and Regulations,” Chapter 5.24 “Gambling Establishments” to add definitions and create the requirements of bars or bar-restaurants operating slot machines through a restricted gaming license, together with other matters properly related thereto.
Petitioner/Presenter: Steve Driscoll/Doug Thornley
Recommendation: It is recommended that the City Council approve and adopt the proposed ordinance.
Financial Impact: N/A
Business Impact (Per NRS 237):
     A Business Impact Statement is attached.
Agenda Item Brief:

The proposed amendment to SMC Chapter 5.24 will fix the ambiguity of current state and local law related to restricted gaming. It will add definitions and create the requirements of bars or bar-restaurants operating slot machines through a restricted gaming license, together with other matters properly related thereto.



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:

The proposed amendment adopts definitions and regulations that will better ensure compliance with the “incidental business” requirement for restricted gaming licensees under both state and local laws.



Alternatives:

The City Council could direct the City Manager to not take any action on the proposed amendment to SMC Chapter 5.24 or could clarify its direction to the City Manager and request a different approach.



Recommended Motion:

I move to approve and adopt Bill No. 2715.



Attached Files:
     05.09.17 - BIS re Gambling Establishments.pdf
     05.09.17 - Bill 2715 Gamining Ordinance.pdf
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