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Proposed Nevada Legislation to Redefine Gaming Device Manufacturer

On April 3, 2017, the Nevada Assembly Judiciary Committee passed Assembly Bill 75 (2017), which would, among other amendments, amend the current definition of who is a “manufacturer” of a gaming device, cashless wagering system, mobile gaming system, or interactive gaming system for use or play in Nevada.

Currently, as defined, an entity that manufactures at least two elements of a gaming device is considered a manufacturer and must be licensed by the Nevada Gaming Commission.

A.B. 75 would amend the existing law and provide that if a manufacturer licensed by the Nevada Gaming Commission “assumes responsibility” for the work of a third party manufacturer, such third party manufacturer would not need to be licensed by the Nevada Gaming Commission. Also, A.B. 75 would provide that an independent contractor who designs, develops, programs, produces, or composes a control program for use in a gaming device is not required to be licensed as a manufacturer under the Nevada Gaming Control Act if a manufacturer licensed by the Nevada Gaming Commission “assumes responsibility” of the control program.

“Assumes responsibility” would be defined as (i) “acquires complete control over, or ownership of, the applicable gaming device, associated equipment, cashless wagering system, mobile gaming system or interactive gaming system” and (ii) “accepts continuing legal responsibility for the gaming device, associated equipment, cashless wagering system, mobile gaming system or interactive gaming system, including, without limitation, any form of manufacture performed by an affiliate or independent contractor.”

As A.B. 75 progresses through the Nevada Legislature, we will provide periodic updates as warranted.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VII, Number 95

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About this Author

Mark Clayton, Greenberg Traurig Law Firm, Las Vegas, Gaming Law Attorney
Shareholder, Practice Co-Chair

Mark A. Clayton is an attorney the Global Gaming Practice and has wide-ranging experience in the gaming industry and focuses his practice on gaming operational and regulatory matters, including those related to land-based gaming, internet gaming and the manufacturing and distribution of gaming equipment. He also focuses on legislation and regulatory projects and represents clients with gaming matters in U.S. and international jurisdictions. Prior to joining the firm, Mark served as counsel for three casino corporations. He is a former member of the Nevada Gaming Control...

702-599-8006
Erica Okerberg, Greenberg Traurig Law Firm, Las Vegas, Corporate and Gaming Law Attorney
Associate

Erica L. Okerberg focuses her practice on gaming law, including licensing and regulatory work; and promotional law, including sweepstakes and social gaming. Erica's experience includes: preparing and coordinating gaming applications and gaming renewals for individuals and entities in the U.S. and international jurisdictions; representing clients during the preparation and adoption of Nevada gaming regulations; preparing materials for sweepstakes, contests, and other promotional offers; as well as counseling clients regarding social gaming and skill games.

702-599-8073