Section 368A.440 - Determination of tax rate when maximum occupancy has not been designated1. For the purposes of subsection 4 of NRS 368A.020, the Board shall determine the maximum occupancy of a facility where live entertainment is provided pursuant to paragraph (b) of subsection 5 of NRS 368A.200.2. For the purposes of subsection 1 and paragraph (b) of subsection 5 of NRS 368A.200, if there is no governmental permit designating the maximum occupancy of a facility where live entertainment is provided, the Board must presume that the actual seating capacity of the facility is at least 200 persons and less than 7,500 persons. To rebut this presumption, the taxpayer must establish, to the reasonable satisfaction of the Board, that the actual seating capacity of the facility is less than 200 persons or 7,500 persons or more. In determining whether the taxpayer has successfully rebutted the presumption, the Board shall consider all evidence provided by the taxpayer, including, without limitation, evidence of actual attendance, the number of admissions sold or offered for sale, the square footage of the facility, the physical needs or requirements of the patrons in relation to the nature of the live entertainment provided and any other evidence tending to establish the actual seating capacity of the facility.Nev. Admin. Code § 368A.440
Added to NAC by Gaming Control Bd. by R223-03, 2-25-2004, eff. 1-1-2004; A by R104-15A, eff. 11/2/2016