368A.090 - “Live entertainment” defined. - Nevada Statutes

368A.090  “Live entertainment” defined.

      1.  “Live entertainment” means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or other similar purpose by a person or persons who are physically present when providing that activity to a patron or group of patrons who are physically present.

      2.  The term:

      (a) Includes, without limitation, any one or more of the following activities:

             (1) Music or vocals provided by one or more professional or amateur musicians or vocalists;

             (2) Dancing performed by one or more professional or amateur dancers or performers;

             (3) Acting or drama provided by one or more professional or amateur actors or players;

             (4) Acrobatics or stunts provided by one or more professional or amateur acrobats, performers or stunt persons;

             (5) Animal stunts or performances induced by one or more animal handlers or trainers, except as otherwise provided in subparagraph (7) of paragraph (b);

             (6) Athletic or sporting contests, events or exhibitions provided by one or more professional or amateur athletes, sportsmen or sportswomen;

             (7) Comedy or magic provided by one or more professional or amateur comedians, magicians, illusionists, entertainers or performers;

             (8) A show or production involving any combination of the activities described in subparagraphs (1) to (7), inclusive; and

             (9) A performance involving one or more of the activities described in this paragraph by a disc jockey who presents recorded music. For the purposes of this subsection, a disc jockey shall not be deemed to have engaged in a performance involving one or more of the activities described in this paragraph if the disc jockey generally limits his or her interaction with patrons to introducing the recorded music, making announcements of general interest to patrons, and explaining, encouraging or directing participatory activities between patrons.

      (b) Excludes, without limitation, any one or more of the following activities:

             (1) Instrumental or vocal music, which may or may not be supplemented with commentary by the musicians, in a restaurant, lounge or similar area if such music does not routinely rise to the volume that interferes with casual conversation and if such music would not generally cause patrons to watch as well as listen;

             (2) Occasional performances by employees whose primary job function is that of preparing, selling or serving food, refreshments or beverages to patrons, if such performances are not advertised as entertainment to the public;

             (3) Performances by performers of any type if the performance occurs in a licensed gaming establishment other than a licensed gaming establishment that is licensed for less than 51 slot machines, less than 6 games, or any combination of slot machines and games within those respective limits, as long as the performers stroll continuously throughout the facility;

             (4) Performances in areas other than in nightclubs, lounges, restaurants or showrooms, if the performances occur in a licensed gaming establishment other than a licensed gaming establishment that is licensed for less than 51 slot machines, less than 6 games, or any combination of slot machines and games within those respective limits, which enhance the theme of the establishment or attract patrons to the areas of the performances, as long as any seating provided in the immediate area of the performers is limited to seating at slot machines or gaming tables;

             (5) Television, radio, closed circuit or Internet broadcasts of live entertainment;

             (6) Entertainment provided by a patron or patrons, including, without limitation, singing by patrons or dancing by or between patrons;

             (7) Animal behaviors induced by animal trainers or caretakers primarily for the purpose of education and scientific research; and

             (8) An occasional activity, including, without limitation, dancing, that:

                   (I) Does not constitute a performance;

                   (II) Is not advertised as entertainment to the public;

                   (III) Primarily serves to provide ambience to the facility; and

                   (IV) Is conducted by an employee whose primary job function is not that of an entertainer.

      (Added to NRS by 2003, 20th Special Session, 147; A 2005, 2481)