§ 5.11.011. Definitions.
As used in the gaming regulations contained herein, the words and terms defined in this section have the meanings ascribed to them unless a different meaning clearly appears in the context. Any word or term not defined in this section which appears in the regulation shall have the definition ascribed by the Nevada Gaming Control Act and statutes ancillary thereto, and as defined by the regulations of the Nevada Gaming Commission unless a different meaning clearly appears in the context.
Bar, for purposes of this chapter, means an establishment, also known as taverns, saloons, and cocktail lounges, which primarily engages in selling or serving alcoholic beverages at retail by the drink to the general public for on premise consumption, with the ability to request approval for the following ancillary activities: live entertainment, food service, and restricted gaming. The conduct of a bar business necessarily includes operation under a valid on-premises alcoholic beverage license and/or an alcohol cabaret license. Whenever packaged liquor is sold in a bar, it is unlawful to consume the contents of the package liquor on the premises. A restaurant may be operated on the same premises as a bar. See bar-restaurant definition in this section.
Bar-restaurant, for purposes of this chapter, means an establishment that operates as both a bar and a restaurant under the definitions in this section. Minors may be allowed in the restaurant provided there is separation between the bar and/or lounge area and the restaurant area by a structural barrier sufficient to exclude minors from the bar and/or lounge area, and provided that no alcohol sales, consumption, or distribution occur in an area not licensed for alcohol sales or under the control of the licensee. Alcoholic beverages may be served to all patrons aged twenty-one and older throughout the premises, except that any person twenty-one and older accompanying a minor in the restaurant portion of the business may be served alcohol only in conjunction with meals at dining tables or booths. The restaurant kitchen in a bar-restaurant must be operated no less than twelve (12) hours each day that the bar is open for business to the public. The stools at the bartop, or seats in a lounge or outside dining area of a bar-restaurant, may not be included as meeting the minimum seating requirements for a restaurant defined in this section. Whenever packaged liquor is sold in a bar-restaurant, it is unlawful to consume the contents of the packaged liquor on the premises.
Bar receipts as used to determine incidental restricted gaming for purposes of this chapter means the total sum of the gross receipts of all beverages, food and all restricted gaming operations receipts (excluding complimentaries) received by the licensee, without any deduction for the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever, inclusive of any payment to a slot machine operator, as defined in NRS 463.018. Each licensee shall keep complete and accurate records of its bar receipts that distinguishes between the receipts from the slot machines and the sale of food and beverages. The licensee's receipts from the sale of sundries shall not be included in the calculation of bar receipts. Sundries include, without limitation, the sale of cigarettes and other tobacco products, but do not include the sale of food and alcoholic beverages served on the premises.
Bartop means a physical structure with a flat horizontal counter, which when located in a licensed bar with restricted gaming or bar-restaurant with restricted gaming, shall be at least 42 inches in height (except for only that portion which is mandated to be a different height in order to comply with the Americans with Disabilities Act of 1990, as amended, or other applicable law) which fully encompasses the main work area of the bartender(s) or attendant(s), including the point of sale system or cash register, on one side of which alcoholic beverages are kept, maintained, and prepared and where seats are placed for patrons to sit on the side opposite from where the alcoholic beverages are kept, and where the sale and service of alcoholic beverages are by the drink across such structure.
Bartop machine means a slot machine which is installed into the flat horizontal counter of a "bartop", as defined in this section and for which the bartop is the cabinetry of the slot machine. Unless a different height is required for some of the bartop machines to comply with the Americans with Disabilities Act of 1990, as amended, or other applicable law, the screen of the bartop machine shall be at a minimum height of 40 inches, from the bottom of the bartop, on the patron's side of the bartop. A bartop machine shall not be capable of operating except when installed into a "bartop" and any slot machine commonly referred to as "stand-up" or "slant-top" slot machine shall not qualify as a bartop machine.
Game means any banking or percentage game played with cards, dice or any mechanical, electromechanical or electronic device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, pinging, slot machine or any other game or device approved by the Nevada Gaming Commission, but does not include games played in private homes or residences for prizes or games operated by charitable or educational organizations which have been approved by the State Gaming Control Board.
Gaming or gambling means to deal, operate, carry on, conduct, maintain or expose for play any game, sports book, parimutuel or any other form of wagering.
Grandfathered bar or grandfathered bar-restaurant, means:
(1)
That the licensee holds a valid business license for restricted gaming with 15 or fewer slot machines, the application for which was pending or approved prior to the effective date of the Nevada Clean Indoor Air Act (Nevada Revised Statutes 202.2483 et seq., effective December 8, 2006), and the license holder has not changed since the application or approval; or
(2)
Any bar or bar-restaurant with restricted gaming, as of the date of ordinance adoption, that operated more 50 percent of the slot machines on its premises as bartop machines, regardless of the height of such bartop machines located in a bar or a bar-restaurant as defined in this chapter.
A bar or a bar-restaurant that has been determined to be a grandfathered bar or grandfathered bar restaurant pursuant to either of the foregoing provisions shall be considered to be a primary or principal commercial use of a restricted gaming operation to which the operation 15 or fewer slot machines shall be presumed to be incidental.
Nonrestricted gaming shall have the same meaning as "non restricted license" and "non restricted operation" as defined in NRS 463.0177 as may be amended of renumbered.
Restaurant, for purposes of this chapter, means a retail business licensed to serve food and beverages for on-premises consumption with a minimum floor area of 200 square feet and a suitable kitchen facility on the premises for food preparation where hot meals are prepared in compliance with all regulations of the state and district health department. A restaurant must be operated in a suitable building kept, used, maintained, advertised or held out to be a public place with a "complete menu" as defined in RMC Title 18, where meals are ordered from tables or booths in a dining area with seating capacity of at least 25 persons in a room separate from the on-premise kitchen. Pre-packaged or pre-prepared items which are merely reheated in a microwave oven for sale do not qualify in themselves as meals under this section.
Restricted gaming means a gaming operation consisting of the operation of 15 or fewer slot machines, and no other games or gaming devices, when the machines are operated as incidental to the business of the primary or principal commercial use. A restricted gaming operation is authorized to operate by the Nevada Gaming Commission under the terms of a restricted license, as defined by NRS 463.0189 as may be amended or renumbered.
Slot machine means that as defined by NRS 463.0191 as may be amended or renumbered.
Slot route operator or slot operators shall have the same meaning as defined in NRS 463.018 as may be amended or renumbered.
(Ord. No. 4765, § 1, 7-8-97; Ord. No. 6406; § 1, 7-20-16)