296 Neb. Admin. Code, ch. 3, § 296-3.012

Current through September 17, 2024

Section 296-3.012 - OPERATIONS PLAN REQUIREMENT

3.012.01 The applicant for an Authorized Gaming Operator License must submit with the application a proposed operations plan for the conduct of gaming. The plan must include the following:

3.012.01A Architectural Plans and specifications. The plans, drawings, and specifications for the construction, furnishing, and equipping of the Gaming Facility, including, but not limited to, detailed specifications and illustrative drawings or models depicting the proposed size, layout and configurations of the component parts of the facility, including electrical and plumbing systems, engineering, structure, and aesthetic interior and exterior design as are prepared by one or more licensed professional architects and engineers;

3.012.01B The total estimated construction cost of the gaming facility proposed by the applicant distinguishing between known costs and projections, and separately identifying:

(1) A facility design expense;

(2) Land acquisition or site lease costs;

(3) Site preparation costs;

(4) Construction cost or renovation cost;

(5) Equipment acquisition cost;

(6) Cost of interim financing;

(7) Organization, administrative and legal expenses; and

(8) Projected permanent financing costs;

3.012.01C An estimated timetable for the proposed financing arrangements through completion of construction.

3.012.01D The construction schedule proposed for completion of the Gaming Facility including therein projected dates for completion of construction and commencement of Gaming Activities and indicating whether the construction contract includes a performance bond.

3.012.01E Explanation and identification of the source or sources of funds for the construction of the Gaming Facility;

3.012.01F A general description of the type and number of Gaming Devices proposed for operation;

3.012.01G Generic description of the games to be played on the machines and the proposed placement of the machines in the Gaming Facility;

3.012.01H Proposed administrative, accounting, and internal controls procedures, including monetary control operations;

3.012.01I A general promotion and advertising plan. A general description of the amounts, kinds and types of general promotion and advertising campaign(s) which will likely be undertaken by the applicant including information whether any national or regional advertising will occur, the medium(s) which may be used, the proposed market and whether any other facility or activity except the Gaming Facility will be included in such advertising;

3.012.01J Proposed security plan in accordance with Chapter 6;

3.012.01K Proposed staffing plan for gaming operations, provided that such plan is updated at least one-hundred-twenty (120) days prior to the proposed opening date of the Gaming Facility to include the identification of those employees proposed for a position that may require a Level I Occupational License;

3.012.01L At least one-hundred-twenty (120) days prior to the proposed opening date, applications for all employees who will require level 1 occupational licenses will be filed with the Commission;

3.012.01M Method to be used for prize payouts (i.e. annuity, lump sum, cash, reward credits);

3.012.01N Details of any proposed progressive systems; and

3.012.01O Any other information requested by the Commission.

3.012.02 Inspections During Construction. The Commission may inspect an eligible Gaming Facility during construction. Upon the presentation of identification, the Commissioners or authorized Commission personnel will be given immediate access to any place where construction of a Gaming Facility or any of its component parts is underway.

3.012.03 After construction is complete or substantially complete the Licensee or applicant will submit to the Commission written certification from the registered civil engineer that construction was in accordance with the design and construction plans and these rules.

3.012.04 Gaming Facilities must include sufficient office space for Commission staff and on-site licensing. This office space will provide an adequate work environment and shall include utilities, office equipment, voice communication and data lines, and custodial services. The licensee will also make available appropriate parking places for Commission staff.

3.012.05 The operations plan must provide for an escrow account or accounts to be established and maintained in accordance with Commission requirements for the purpose of holding in reserve large or progressive prizes to be won by participants and generated by the Gaming Facility. In the alternative, the Operator may secure the payment of such prizes through other funding mechanisms such as an irrevocable surety bond, irrevocable trust with an Independent Financial Institution, other trust mechanism, or letters of credit, including credit facilities available to the operator.

3.012.06 The use of annuity payments in lieu of immediate prize payments must in every instance be pre-approved by the Commission.

3.012.07 An applicant for an Authorized Gaming Operator License is responsible for ensuring that Key Person(s) applications are filed in accordance with the Act and these Rules and Regulations. The Commission may delay approval of or deny an application for an Authorized Gaming Operator License on the grounds that a Key Person(s) application has not been submitted as required.

3.012.08 An Authorized Gaming Operator License will not be granted unless the Commission first determines that the operations plan submitted is suitable for the type of operation proposed and otherwise complies with the requirements of the Act and these Rules and Regulations. The detailed material submitted with the Authorized Gaming Operator License application may be included in an exception to the Nebraska Public Records Law and/or subject to redaction.

296 Neb. Admin. Code, ch. 3, § 296-3.012

Adopted effective 5/16/2022

Amended effective 2/1/2023