Nevada regulators issue reopening directives for "restricted locations" and "slot route operations"

The Nevada Gaming Control Board issued Tuesday a new Policy Memorandum outlining procedures for the reopening of "Restricted Locations and Slot Route Operations after the temporary closure put in place the government to mitigate the spread of COVID-19.

Last week, Gov. Steve Sisolak unveiled a plan in which retail stores, small businesses and other "low-density open spaces" could reopen in a bid to get the state's economy going again; and on Friday, the gaming authority released a memo outlining health and safety policies that casinos must include in their COVID-19 prevention plans.

Yesterday's memorandum now addresses certain procedures to be followed as part of the reopening process, specifically for restricted locations and slot route operations, and also provides temporary dispensation from certain regulatory requirements.

The procedures are not intended to be all-encompassing and additional steps may be necessary based on individual operational needs, but these steps must be in compliance with the Gaming Control Act, Nevada Gaming Commission Regulations, and all other approved operating procedures.

Business Closures: Licensees must notify the Board if a location does not plan to resume gaming operations within thirty (30) days after the expiration of the Governor’s Emergency Directive 002, and must request permission to close temporarily as per NGC Regulation 9.010.

Accounting Records: Licensees must ensure that all liabilities to patrons are correctly accounted for and reconciled from the time of the temporary closure to the time of reopening, including without limitation, incremental progressive amounts, player tracking point balances, payout receipts, and wagering vouchers.

Expired Tickets: As payout receipts and wagering vouchers may have expired during the temporary closure, licensees must take measures to pay these liabilities or extend the expiration dates for such liabilities to accommodate for the period the location was closed.

Gaming Equipment: Licensees must verify that all new and modified gaming devices and associated equipment installed between the date of closure and the date of reopening have been approved in accordance with NGC Regulation 14 prior to making the new or modified gaming device or associate equipment available to the public.

Gaming Employee Registrations: Upon reopening, slot route operators will be responsible for reviewing the list of expired gaming employee registrations for their properties. Employees whose gaming registrations have expired during the closure may work for up to thirty (30) days while they renew their registrations.

Progressives: For the disposition of any progressive amounts pursuant to NGC Regulations 5.110(5 (c)(4) and 5.112(6)(d)(4), the disposition time requirements of NGC Regulations 5.110 and 5.112 do not begin until the expiration of the Governor’s Emergency Directive 002.

Informational Filings: Certain quarterly and semi-annual filings by slot route operators were due to the Board during the time of the mandated closures, including those required by NGC Regulations 3.100(2) and 8.130(1). The deadlines for these filings are administratively extended to no later than thirty (30) days after the expiration of the Governor’s Emergency Directive 002.

Live Entertainment: Restricted licensees that report live entertainment revenue must perform certain monthly, quarterly, and semi-annual procedures (pursuant to the Internal Control Procedures for Group II licensees). Due to the mandated closure, licensees may have been unable to perform these procedures. If the temporary closure impeded a licensee’s ability to perform certain required procedures related to live entertainment revenue, violations will not be cited, rather those procedures will be administratively waived. Contact the Tax and License Division if additional clarification is needed.

Install Base: The following provisions apply to licensees reducing the number of slot machines from previously approved diagrams to comply with COVID-19 health requirements that may be imposed:

• Reduction in the number of slot machines will not require the submission of a new diagram as required by NGC Regulation 4.090, if such reduction is in place for less than sixty (60) days.
• Prior to offering any slot machine for play, licensees must first pay the associated annual and/or quarterly fees for each machine for that period. Such fees are unable to be refunded once a machine is offered for play.
• If the required annual and/or quarterly fees for a slot machine have not been paid, licensees may only leave such machine on the floor if it has been properly disabled and does not allow patron play under any circumstance. To comply, licensees must remove the power cord, remove the machine’s main processor board or place it into an out of service machine mode.

Machine Placements: Licensees changing the placement of slot machines from a previously approved Board diagram in order to comply with COVID-19 health requirements should note:

• The Board will allow licensees to move machines in advance of requesting and obtaining administrative approval required under NGC Regulation 4.090. Licensees will be given sixty (60) days to request approval and submit updated diagrams to the Board for any changes following the expiration of the Governor’s Emergency Directive 002.
• Licensees will be given sixty (60) days to bring their supervision capabilities required under NGC Regulation 4.090(1)(a)&(b) into compliance, following the expiration of the Governor’s Emergency Directive 002.
• Under NGC Regulation 4.090(3) & (4), the Board’s working review period will now be increased to thirty (30) days for requests made during this period.

Additionally, licensees were reminded that they must comply with all prescribed local, state and federal COVID-19 health requirements.