Page:United States Statutes at Large Volume 94 Part 3.djvu/601

 PUBLIC LAW 96-551—DEC. 19, 1980

94 STAT. 3245

agency and the States of California and Nevada shall recognize as a permitted and conforming use: (1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited. (2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978. (3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date. The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979. (e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure. (f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by article VI(d): (1) The agency's review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following: (A) Enlarge the cubic volume of the structure; (B) Increase the total square footage of area open to one approved for public use on May 4, 1979; (C) Convert an area devoted to the private use of guests to an area open to public use; (D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and (E) Conflict with or be subject to the provisions of any of the agency's ordinances that are generally applicable throughout the region. The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency's rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects

Structure housing gaming, modification.

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