Bill may stiffen rules for locals casinos

Tuesday, April 10, 2001 | 11 a.m.

CARSON CITY -- A bill approved by the Senate Judiciary Committee on Monday would make it tougher for casinos to obtain county or city approval to build resorts near residential neighborhoods.

Senate Bill 171 is the outgrowth of a controversy surrounding Clark County Commissioner Lance Malone and the construction of a casino in Spring Valley.

The bill, as amended by the committee, would require a three-fourths vote of all members of a county commission or city council before a permit for a residential casino would be granted.

Committee Chairman Mark James, R-Las Vegas, said he feels "there are more than enough casinos" in neighborhoods.

The present law requires that three-fourths "of those voting" must approve any neighborhood casino. The vote to approve the Spring Valley project in the southwest part of the Las Vegas Valley was 3-1, with three commissioners abstaining, citing conflicts of interest.

Under the proposed law, the casino project would require that five of the seven members vote to approve the project. Five votes would be required for the project to proceed even if someone abstains.

Sen. Mike McGinness, R-Fallon, complained this sets up a procedure that prohibits an issue from ever passing. "This takes a roundabout way to defeat an issue. It's back door." Except for tax measures, most issues require only a majority for approval, he said.

Removed from the bill was a requirement that the commissioner or city council member who lives in the affected district vote for approval and if not, the project would die.

James said this "places undue pressure on a single individual," and gives him veto power. Others agreed and voted to eliminate that requirement.

The bill extends the distance that a casino be built from the neighborhood from 500 feet to 1,500 feet. The minimum distance between a casino and school or church would be increased from 1,500 feet to 2,500 feet.

The measure requires the casino owner to prove no adverse impact on property within 3,500 feet, up from the present 2,500 feet.

Malone initially said he would vote against the controversial Spring Valley casino project but changed his mind and supported the project.

Approval by the County Commission was overturned by the state's Gaming Policy Review Committee, and the case ended up in court.

Malone drew the ire of Station Casinos Inc., a competitor to the Spring Valley developers. A controversy ensued and Malone did not win re-election.

Sen. Jon Porter, R-Henderson, said the initial neighborhood casino law of 1997 was a "great start" but that the law needs to be improved every session.